Authorization to Construct (ATC) Permits
NOTE: The Infrastructure Finance Section (IFS) has recently changed the application and review process for Authorization to Construct Permits. As a result, most applications for modifications that do not result in an increase in discharge capacity or are not required to meet stricter effluent limits will be approved based upon the engineer's certification and will not receive a full technical review by the Division. All projects funded through IFS financial assistance programs will continue to receive full technical reviews.
In order to implement this process we have created a new application form and have consolidated design requirements into the Minimum Design Criteria for NPDES Wastewater Treatment Facilities. Applications received after April 30, 2013 must utilize the new application form and design criteria. All others will be returned as incomplete. Please contact Seth Robertson, PE at (919) 707-9175 with any questions on the application materials or review process.
After an NPDES permit has been issued by the Division of Water Quality, the permittee must obtain an Authorization to Construct from the Division prior to commencement of the construction of modifications or expansion of wastewater treatment facilities. Authorizations to Construct are required for the following:
Session Law 2011-394, which became effective July 1, 2011, no longer requires a permit to "enter into a contract for the construction, installation, or alteration of any treatment works or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the water of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation." This provision applies to waste generated from manufacturing facilities, power generation operations, compost facilities, mine dewatering activities, and groundwater remediation discharges. Therefore work at these facilites no longer requires an ATC for their wastewater treatment facilities.
Application Forms and Minimum Design Criteria
If you have any questions about whether your project requires an Authorization to Construct please contact Seth Robertson, PE at (919) 707-9175.
To schedule a scoping or submittal meeting, please contact Seth Robertson, PE at (919) 707-9175 at least a week prior to the proposed meeting time.