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State of North Carolina <br /> Department of Natural Resources and Community Development <br /> Division of Environmental Management <br /> 512 No~xh Salisbury Sro~et · Raleigh, North Carolina 27611 <br /> <br /> James G. Martin, Governor R. Paul Wilms <br /> S. Thomas Rhodes, Secm~ry February 24, 1988 Director <br /> <br /> John Murdock <br /> Board of Light & Water Commissioners <br /> City of Concord <br /> P. O. Box 567 <br /> Concord, N. C. '28025 <br /> <br /> Subject: Intermunicipal Agreements <br /> <br /> Dear Mr. Murdock: <br /> <br /> As we discussed in our phone conversation of February 18, 1988 <br /> the pretreatment regulations do not specifically state that an <br /> !ntermunicipal Agreement is required. However, based on my <br />.. interpretation, 40 CFR 405.8 f(1) requires the POTW (Concord) to <br /> operate its pretreatment program "pursuant to legal authority <br /> enforceable in Federal, State or local courts". According to <br /> this regulation "such authority may be.contained in a statute, <br /> ordinance, or a series of contracts or joint powers <br /> agreements". Since the City of Concord cannot enact an <br /> ordinance which will legally allow the City to "assess civil and <br /> criminal penalties" [see 403.8 f(vi) (A)} in the county's <br /> jurisdiction, ~contracts or joint powers agreements must be <br /> developed between the C~ty and tile County. <br /> <br /> I remind you that this is my interpretation of the regulation. <br /> I encourag9 you to have your attorney read 40 CFR 403.8 and <br /> offer an official legal opinion. If I can be of further <br /> assistance, please fee] fre~ to call me at 9]9/733-5083. <br /> <br /> Sincerely, <br /> <br /> Doug]as S. F~nan <br /> <br /> c(:: R~chard Bridgema~ <br /> <br /> <br />