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HomeMy WebLinkAboutWQ0032548_Final Permit_20220722ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director JEFFREY E. BRINK AND TRACY B. LEGEZA 8528 WAxHAW CREEK ROAD WAxHAw, NORTH CAROHNA 28173 Dear Mr. Brink and Ms. Legeza: NORTH CAROLINA Environmental Quality July 22, 2022 Subject: Permit No. WQ0032548 8528 Waxhaw Creek Rd. SFR Single -Family Residence Wastewater Irrigation System Union County In accordance with your permit change of ownership request received May 13, 2022, we are forwarding herewith Permit No. WQ0032548 dated July 22, 2022, to Jeffrey E. Brink and Tracy B. Legeza for the continued operation of the subject single-family residence wastewater treatment and irrigation facilities. This permit shall be effective from the date of issuance through January 31, 2029, shall replace Permit No. WQ0032548 issued June 29, 2017, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than August 4, 2028. Please pay attention to the operation and maintenance requirements listed in Section III 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. 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. If you need additional information concerning this permit, please contact Leah Parente at (919) 707-3656 or leah.parente&ncdenr.gov. Sincerely, Richard E Rogers, Jr., Director Division of Water Resources cc: Union County Health Department (Electronic Copy) Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy) DNorth Carolina Department of Environmental Quality I Division of Water Resources EQ> 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH GAROLINA + 919.707.9000 Mr. Jeffrey E. Brink and Ms. Tracy B. Legeza July 22, 2022 Page 2 of 2 Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH SINGLE-FAMILY RESIDENCE WASTEWATER IRRIGATION SYSTEM 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 Jeffrey E. Brink and Tracy B. Legeza Union County FOR THE continued operation of a 360 gallon per day (GPD) single-family residence wastewater treatment and irrigation facility consisting of: a 1,200 gallon baffled septic tank with an effluent filter; a partially in -ground Advantex AX-20 synthetic media wastewater treatment filter; a 1,200 gallon recirculation tank with a 19 gallon per minute (GPM) recirculation pump; a 7 GPM ultraviolet (UV) disinfection unit; a 3,000 gallon storage/pump tank with a 10 GPM pump and audible/visual high-water alarms; a 0.22 acre drip irrigation area consisting of 3 zones of 0.071 to 0.074 acres, each with 8 to 9 drip lines 204 to 244 feet long on a 2 foot spacing; and all associated piping, valves, controls, and appurtenances to serve the single-family residence at 8528 Waxhaw Creek Rd., Waxhaw, NC 28173, with no discharge of wastes to surface waters, pursuant to the application received May 13, 2022, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through January 31, 2029, shall replace Permit No. WQ0032548 issued June 29, 2017, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. The Permittee shall request renewal of this permit on Division -approved forms no later than August 4, 2028. [15A NCAC 02T .0105(b), 02T .0109] 2. If a public or community sewage system is or becomes available, the Permittee shall connect to this system, and shall request rescission of the single-family residence wastewater treatment and irrigation facilities permitted herein. [15A NCAC 02T .0607] WQ0032548 Version 1.2 Shell Version 200201 Page 1 of 7 IL PERFORMANCE STANDARDS The Permittee shall maintain and operate the subject non -discharge 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, or failure of the irrigation areas to assimilate the effluent, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement wastewater treatment or disposal facilities. [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. The Permittee shall apply treated wastewater effluent at or below the following rates: TABLE 1— APPLICATION LIMITATIONS Field Parameter Hourly Rate Yearly Max Units 1 01284 — Non -Discharge Application Rate 0.1 22.36 inches [15A NCAC 02T .06050)] 4. The Permittee shall only apply treated wastewater effluent to the following: TABLE 2 — IRRIGATION AREA INFORMATION Net Dominant Field Owner County Latitude Longitude Acreage Soil Series ZnB - Zion Jeffrey E. Brink and Tracy B. 1 Union 34.829171' -80.765805' 0.22 Gravelly Loam, Legeza 2-8 /o slopes [I5A NCAC 02T .0 1 08(b)(1)(A)] 5. The attached Operation and Maintenance Agreement shall be a condition of this permit. Noncompliance with the terms of the Operation and Maintenance Agreement shall subject the Permittee to all sanctions under G. S. 143-215.6A, G.S. 143-215.613, and G.S. 143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. [15A NCAC 02T .0604(h)] 6. The Permittee shall connect the irrigation system to a rain or moisture sensor designed to prevent irrigation during precipitation events or wet conditions. [15A NCAC 02T .0605(o)] 7. The compliance boundary is the property boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Condition IL4. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(i), 02T .0105(h), G.S. 143-215.1(1), G.S. 143-215.1(k)] 8. The review boundary is midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC 02L .0106(d)(1), 02L .0108] 9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [ 15A NCAC 02L .0107(c)] WQ0032548 Version 1.2 Shell Version 200201 Page 2 of 7 10. The facilities herein were permitted per the following setbacks: a. The irrigation sites were originally permitted April 4, 2008. The setbacks for drip irrigation sites originally permitted or modified from September 1, 2006 to August 31, 2018 are as follows (all distances in feet): I. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each habitable residence or place of assembly owned by the Permittee: 15 iii. Each private or public water supply source: 100 iv. Surface waters: 100 v. Groundwater lowering ditches: 100 vi. Surface water diversions: 25 vii. Each well with exception of monitoring wells: 100 viii. Each property line: 50 2,3 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15 x. Each water line: 10 xi. Subsurface groundwater lowering drainage systems: 100 xii. Each swimming pool: 100 xiii. Public right of way: 50 xiv. Nitrification field: 20 xv. Each building foundation or basement: 15 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. 3 Per a setback waiver recorded in the Union County Register of Deeds, reduced setbacks from the wetted area to any property line are as follows: Parcel No. Deed Book / Page Setback Easement 05162008 06958 / 0142 30 feet 20 feet [15A NCAC 02T .0606(a), 02T .0606(c), 02T .0606(d), 02T .0606(e)] b. The storage and treatment units were originally permitted April 4, 2008. The setbacks for storage and treatment units originally permitted or modified from September 1, 2006 to August 31, 2018 are as follows (all distances in feet): I. Each habitable residence or place of assembly under separate ownership: 1001 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02T .0606(b), 02T .0606(d), 02T .0606(e)] WQ0032548 Version 1.2 Shell Version 200201 Page 3 of 7 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC 02T .0600] 2. 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] 3. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02T .0608(a)] 4. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites listed in Condition IL4. [15A NCAC 02T .0608(b)] 5. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a condition that will cause ponding or runoff. [15A NCAC 02T .0605(o)] 6. The Permittee shall only irrigate treated effluent from the single-family residence at 8528 Waxhaw Creek Rd., Waxhaw, NC 28173 on the sites listed in Condition IL4. [15A NCAC 02T .0601] 7. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [15A NCAC 02T .0608(d)] 8. The Permittee shall prohibit public access to the wastewater treatment and irrigation facilities through lockable treatment units, and fencing around the irrigation sites. [15A NCAC 02T .0605(i)] 9. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .1100]. 10. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .0605(f)] 11. Pump tanks shall have audible and visual alarms external to any structure. [15A NCAC 02T .0605(n)] 12. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0608(c)] 13. The Permittee is responsible for the operation and maintenance of the wastewater treatment and irrigation system including the following: a. Inspect the septic tank annually, and pump out solids as needed. Inspect and clean the septic tank effluent filter annually. b. Inspect the ultraviolet disinfection unit weekly. Clean or replace the lamps and quartz sleeves as needed. c. Inspect all storage tanks, pumps, and alarms monthly. Remove the floating scum layer in all pump/storage tanks when pumping the septic tank solids out. d. Inspect the drip irrigation system monthly to verify: proper operation of the drip lines; that there are no leaks; that vegetative growth does not obstruct the drip emitters; that the irrigated wastewater is not ponding in or running off the designated irrigation area; and that there are no objectionable odors. [15A NCAC 02T .0608] WQ0032548 Version 1.2 Shell Version 200201 Page 4 of 7 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. Noncompliance Notification: The Permittee shall report to the Mooresville Regional Office, telephone number (704) 663-1699, within 24 hours of first knowledge of the following: a. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. b. Any facility failure resulting in a discharge to surface waters. c. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. d. Ponding in or runoff from the irrigation sites. 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 Mooresville 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)] V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [15A NCAC 02T .0608(f)] 2. The Permittee shall inspect the wastewater treatment and irrigation 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 02T .0608(e), 02T .0608(f)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the wastewater treatment and irrigation 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)] WQ0032548 Version 1.2 Shell Version 200201 Page 5 of 7 VL 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)] 5. If the permitted facilities change ownership, or the Penmittee 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)] 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 02T; 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] WQ0032548 Version 1.2 Shell Version 200201 Page 6 of 7 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. 143-215.6B, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, 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 22"d day of July 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION xa�-D Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0032548 WQ0032548 Version 1.2 Shell Version 200201 Page 7 of 7 nON' AND MAUgT ItN.N E ACs$EE Permit No.: WQ0032548 County: Union Permittee: Jeffrey E Brink & Tracy B Legeza (i.e., all deeded property owners) The Permittee agrees to operate and maintain the single-family residence wastewater treatment and irrigation system as follows: 1. Inspect the septic tank annually, and pump out solids as needed. 2. Inspect and clean the septic tank effluent filter annually. (if applicable) 3. Inspect the tablet chlorinator weekly. Add wastewater grade chlorine tablets (e.g., calcium hypochlorite) as needed. Swimming pool grade chlorine tablets are not acceptable. (if applicable) 4. Inspect the ultraviolet disinfection unit weekly. Clean or replace the lamps and quartz sleeves as needed. (if applicable) 5. Inspect all storage tanks, pumps, and alarms monthly. Remove the floating scum layer in all pump/storage tanks when pumping the septic tank solids out. 6. Inspect the spray irrigation system monthly to verify: proper operation of the spray heads; that there are no leaks; that vegetative growth does not obstruct the spray heads; that the irrigated wastewater is not ponding in or running off the designated irrigation area; and that there are no objectionable odors. (if applicable) 7. Inspect the drip irrigation system monthly to verify: proper operation of the drip lines; that there are no leaks; that vegetative growth does not obstruct the drip emitters; that the irrigated wastewater is not ponding in or running off the designated irrigation area; and that there are no objectionable odors. (if applicable) 8. Maintain a set of Division -approved engineering plans and specifications. 9. Pay the required annual fee. 10. Request renewal of this permit on Division -approved forms no later than 180 days prior to expiration. 11. Sign and provide a Change of Ownership application to any future owner of the single-family residence wastewater treatment and irrigation system for their completion and submission to the Division of Water Resources. I/We understand the above Signature: Signature: Signature: Signature: agree to these terms as part of the issued permit. Date: 2, ZD`Z_Z_ Date: Z02_Z Date: Date: All deeded roe owners shall sign this Operation and Maintenance A reement FORM: SFRWWIS-CO 03-2I Page 2 of 3 Q v m L h + co