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HomeMy WebLinkAboutWQ0020409_Final Permit_20220307ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality March 7, 2022 JOHN KIVINIENII — RESOURCE RECOVERY MANGER CITY OF RALEIGH POST OFFICE BOX 590 RALEIGH, NORTH CAROLINA 27602 Subject: Permit No. WQ0020409 Little Creek Resource Recovery Facility Reclaimed Water Generation, Bulk Distribution, and Distribution System Wake County Dear Mr. Kiviniemi: In accordance with your permit renewal request received December 8, 2021, we are forwarding herewith Permit No. WQ0020409 dated March 7, 2022, to the City of Raleigh for the continued operation of the subject reclaimed water generation, bulk distribution, and distribution facilities. Please note that this renewed permit shall become effective on July 1, 2022 (i.e., the day after the expiration date of the existing permit). This permit shall be effective from July 1, 2022 through June 30, 2028, shall void Permit No. WQ0020409 issued July 19, 2017, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than January 2, 2028. Please pay attention to the monitoring requirements listed Attachments A and D for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The Division has removed the following permit conditions since the last permit issuance dated July 19, 2017: ➢ Old Condition IL8. — The setbacks do not apply. ➢ Old Condition II1.17. —The condition does not apply. ➢ Old Condition VL2. — The permit is not voidable. D��� North Carolina Department of Environmental Quality 1 Division of Water Resources w 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINI� � kh-w.f -iron out\ r 919.707.9000 Mr. John Kiviniemi March 7, 2022 Page 2 of 3 The following permit conditions are new since the last permit issuance dated July 19, 2017: ➢ Condition IL6. — Construction of the reclaimed water distribution facilities permitted herein shall be scheduled as not to interrupt service of existing utilities. ➢ Conditions 11.12., 11.13., and 11.14. — Separation requirements of the reclaimed water distribution lines are specified. These distances were previously in Old Condition IL8.c. ➢ Condition IIL6. — The Permittee shall prohibit public access to the wastewater treatment and storage facilities. ➢ Condition IIL8. — The Permittee shall not divert or bypass untreated or partially treated reclaimed water. ➢ Condition III.9. — This condition requires that a protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). ➢ Condition III.11. — An automatically activated standby power source or other means to prevent improperly treated wastewater from entering the storage, distribution, or utilization system shall be provided. ➢ Condition III.12. — Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. ➢ Condition IIL15. — This condition requires that the Permittee develop and implement an education program to inform users and its employees about the proper use of reclaimed water. ➢ Condition II122. — The Permittee shall develop and maintain a record keeping program for the bulk distribution of reclaimed water. ➢ Condition II123. — The Permittee shall develop and maintain a routine review and inspection program of those accepting bulk distributed reclaimed water. ➢ Condition IV.7. — The Permittee shall maintain a record of all residuals removed from this facility. ➢ Condition VL10. — Prevents the permit from being renewed if the Permittee has any unpaid overdue fees. If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. Mr. John Kiviniemi March 7, 2022 Page 3 of 3 If you need additional information concerning this permit, please contact Nathaniel Thornburg at (919) 707-3653 or nathaniel.thornburg&ncdenr.gov. Sincerely, S. Daniel Smith, Director Division of Water Resources cc: Wake County Health Department (Electronic Copy) Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER GENRATION, BULK DISTRIBUTION, AND DISTRIBUTION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO City of Raleigh Wake County FOR THE continued operation of a reclaimed water generation facility permitted under Permit No. NC0079316; and all associated piping, valves, controls, and appurtenances; the continued operation of a reclaimed water distribution system consisting of. a reclaimed water pump station with two 500 gallon per minute (GPM) 50 horsepower (hp) vertical turbine pumps, a 250 GPM 25 hp submersible motor -driven vertical turbine jockey pump, and an audible/visual high-water alarms; a telemetry system; a turbidimeter; a supervisory control and data acquisition (SCADA) system; an electric control valve on the potable water make up system; a surge relief valve on the pump station discharge force main; a building to house the motor control centers and adjustable frequency drives; approximately 1,020 linear feet (LF) of 2-inch onsite reclaimed water distribution line; approximately 590 LF of 4-inch onsite reclaimed water distribution line; approximately 1,030 LF of 8-inch onsite reclaimed water distribution line; approximately 25,458 LF of 12-inch offsite reclaimed water distribution line; a 250,000 gallon elevated reclaimed water storage tank off US 264; and all associated piping, valves, controls, and appurtenances; and the continued operation of a reclaimed water bulk distribution system extension consisting of Fill Location Owner County Latitude Longitude Station 1 Little Creek Resource City of Raleigh Wake 35.8149660 -78.2723200 Recovery Facility and all associated piping, valves, controls, and appurtenances to serve the Little Creek Resource Recovery Facility, with no discharge of wastes to surface waters, pursuant to the application received December 8, 2021, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from July 1, 2022 through June 30, 2028, shall void Permit No. WQ0020409 issued July 19, 2017, and shall be subject to the following conditions and limitations: WQ0020409 Version 3.0 Shell Version 200201 Page 1 of 9 I. SCHEDULES Operation of the reclaimed water distribution facilities shall be contingent upon construction and operation of permitted reclaimed water distribution lines immediately upstream and downstream of the reclaimed water distribution facilities permitted herein. Specifications for future upstream and downstream reclaimed water distribution lines shall include quality assurance testing procedures, which shall be adhered to prior to operation of the reclaimed water distribution facilities permitted herein. [G.S. 143-215.1] 2. The Permittee shall request renewal of this permit on Division -approved forms no later than January 2, 2028. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS The Permittee shall maintain and operate the subject reclaimed water generation, bulk distribution, and distribution facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement reclaimed water generation, bulk distribution, and distribution facilities, or cessation of reclaimed water bulk distribution and distribution. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Construction of the reclaimed water distribution facilities permitted herein shall be scheduled as not to interrupt service of existing utilities. [15A NCAC 02T .0108(b)(1)(A)] 4. Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A. [15A NCAC 02U .0301] 5. Bulk distributed reclaimed water shall only be utilized in accordance with the approved uses specified in Attachment D. [15A NCAC 02T .0108(b)(1)(A)] 6. The conjunctive utilization of bulk distributed and distributed reclaimed water permitted herein in no way negates, precludes, or invalidates Permit No. NC0079316. [15A NCAC 02T .0108(b)(1)(A)] 7. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)] WQ0020409 Version 3.0 Shell Version 200201 Page 2 of 9 8. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped, or otherwise marked to identify the source of the water as being reclaimed water as follows: a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less; b. Identification tape shall be at least three inches wide and have white or black lettering on purple (Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe; and c. Existing underground distribution systems retrofitted for the purpose of convey reclaimed water shall be taped or otherwise identified as noted in IL8.a. and II.8.b. This identification need not extend the entire length of the distribution system but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. [15A NCAC 02U .0403(c)] 9. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U .0403(d)] 10. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -potable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and labeled as non -potable water. [15A NCAC 02U .0403(e)] 11. There shall be no direct cross -connections between the reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403(f)] 12. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below any water line if practicable. If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U .0403(h)] 13. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(i)] 14. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with 15A NCAC 02T .0305. [15A NCAC 02U .04030)] WQ0020409 Version 3.0 Shell Version 200201 Page 3 of 9 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02U .0101] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in detail to show what operations are necessary for the system to function and by whom the operations are to be conducted; b. A sampling and monitoring plan to evaluate quality of reclaimed water within the bulk distribution and distribution systems to provide quality assurance at the time of reuse, and specify actions to be taken in response to unsatisfactory monitoring results; c. A map of all reclaimed water bulk distribution points; d. A map of all reclaimed water distribution lines; e. A description of anticipated maintenance of the system; £ Provisions for safety measures, including restriction of access to the site and equipment; g. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation, and contact information for personnel, emergency responders, and regulatory agencies; h. Approval procedures for bulk distribution users; i. Operational requirements for bulk distribution users; and J. A description of how compliance with reclaimed water quality standards will be ensured the time of use if bulk distributed reclaimed water is stored for greater than 72 hours prior to use. [15A NCAC 02U .0801(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. [15A NCAC 02U .0401(e)] 5. Only reclaimed water generated from Little Creek Resource Recovery Facility (Permit No. NC0079316) shall be distributed from the reclaimed water bulk distribution facilities and conveyed in the reclaimed water distribution facilities permitted herein. [15A NCAC 02U .0101] 6. The Permittee shall prohibit public access to the wastewater treatment and storage facilities. [15A NCAC 02T .0108(b)(1)(A)] 7. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .1100, 02U .0802]. 8. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities unless diverted to an alternate treatment or collection system. [15A NCAC 02T .0108(b)(1)(A)] WQ0020409 Version 3.0 Shell Version 200201 Page 4 of 9 9. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02U .0801(g)] 10. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)] 11. An automatically activated standby power source or other means to prevent improperly treated wastewater from entering the storage, distribution, or utilization system shall be provided. [ 15A NCAC 02U .0401(d)] 12. Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. [15A NCAC 02U .0401(b)] 13. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be prohibited from entering the storage, distribution, or utilization system, and shall be disposed of in accordance with Permit No. NCO079316 until the reclaimed water standards are met at the generating facility. [15A NCAC 02U .0401(c)] 14. The Permittee shall provide notification to the public and its employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. [15A NCAC 02U .0501(a)(2)] 15. The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. [15A NCAC 02U .0501(a)(4)] 16. Bulk distributed reclaimed water used for activities other than irrigation shall not be used in a manner that causes exposure to aerosols. [15A NCAC 02U .0501(b)(6)] 17. Bulk distributed reclaimed water shall not be used for swimming pools, hot tubs, spas, or similar uses. [I5A NCAC 02U .0501(c)] 18. Tank trucks and other equipment used to transport bulk distributed reclaimed water shall be identified with advisory signs stating that they contain reclaimed water that is not intended for drinking. [15A NCAC 02U .0601(a)] 19. Tank trucks used to transport bulk distributed reclaimed water shall not be used to transport potable water. [15A NCAC 02U .0601(b)] 20. Tank trucks used to transport bulk distributed reclaimed water shall not be filled through on -board piping or removable hoses that may subsequently be used to fill potable water tanks. [15A NCAC 02U .0601(c)] 21. The Permittee shall develop and maintain an education and approval program for those accepting bulk distributed reclaimed water. Educational materials shall instruct those accepting bulk distributed reclaimed water about its proper use in accordance with Subchapter 02U and those approved activities in Attachment D. [15A NCAC 02U .0601(d)] 22. The Permittee shall develop and maintain a record keeping program for the bulk distribution of reclaimed water. [15A NCAC 02U .0601(e)] 23. The Permittee shall develop and maintain a routine review and inspection program of those accepting bulk distributed reclaimed water. [15A NCAC 02U .0601(f)] WQ0020409 Version 3.0 Shell Version 200201 Page 5 of 9 IV. MONITORING AND REPORTING REQUIREMENTS The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] The Permittee shall monitor the generated reclaimed water at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 4. The Permittee shall maintain adequate records tracking the amount of reclaimed water distributed for utilization and shall include the following information: a. Date reclaimed water distributed; and b. Volume of reclaimed water distributed (monthly total). Monthly tracking records shall be summed and reported on Form NDMR (see Attachment A) under parameter WQO1 (Flow, Reclaimed Water Distributed). This value shall represent the total volume of reclaimed water distributed for that month. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain records tracking the amount of reclaimed water bulk distributed to each user and shall include the following information: a. Date and time of bulk distribution event; b. Name of receiver or town -issued bulk fill certification number; c. Intended use of the bulk distributed reclaimed water; d. Volume of reclaimed water per each bulk distribution event; and e. Monthly total volume of reclaimed water bulk distributed. Monthly tracking records for all users shall be summed and reported on Form NDMR. This value shall represent the total volume of reclaimed water bulk distributed to all users for that month. [15A NCAC 02T .0108(c)] 6. Three copies of all monitoring data (as specified in Conditions IV.3., IVA., and IV.S.) on Form NDMR for each PPI specified in Attachment A shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(l)] 7. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02U .0802(b)] WQ0020409 Version 3.0 Shell Version 200201 Page 6 of 9 8. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of turbidimeter calibration; c. Date and results of power interruption testing on alternate power supply; d. Visual observations of the plant and plant site; e. Visual observations of the bulk distribution facilities; f Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.); and g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date of occurrence, estimated volume, and corrective action taken. [15A NCAC 02U .0801(h)] 9. Noncompliance Notification: The Permittee shall report to the Raleigh Regional Office, telephone number (919) 791-4200, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any failure resulting in a discharge untreated or partially treated wastewater to surface waters. d. Any failure rendering the reclaimed water bulk distribution and distribution facilities incapable of adequately conveying reclaimed water (e.g., mechanical or electrical failures, etc.). e. Any failure resulting in a discharge to surface waters. f Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance with Condition IV.8.g. but do not require Regional Office notification. g. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Raleigh Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)] WQ0020409 Version 3.0 Shell Version 200201 Page 7 of 9 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed water generation, bulk distribution, and distribution facilities. [15A NCAC 02U .0801(i)] 2. The Permittee shall inspect the reclaimed water generation, bulk distribution, and distribution facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02U .0801(h), 02U .0801(i)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the reclaimed water generation, bulk distribution, and distribution facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] 4. The Permittee shall inspect the utilization sites of all reclaimed water users who obtain more than 10,000 gallons per day of bulk distributed reclaimed water. Permittee inspection of these bulk distribution reclaimed water utilization sites shall need to exceed one inspection per quarter. The Permittee shall maintain records of these inspections for five years, and shall make them available to the Division upon request. [15A NCAC 02T .0108(b)(1)(A)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] WQ0020409 Version 3.0 Shell Version 200201 Page 8 of 9 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02U; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: I. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be prosecuted under G.S. 143-215.613, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 7th day of March 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. 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