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HomeMy WebLinkAboutWQ0036676_Final Permit_20230615ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director PAUL COCHRANE — PRESIDENT EXCHANGE STREET, LLC 11330 BAIN SCHOOL ROAD CHARLOTTE, NORTH CAROLINA 28227 Dear Mr. Cochrane, NORTH CAROLINA Environmental Quality June 15, 2023 Subject: Permit No. WQ0036676 Blue Dot Readi-Mix — Exchange Street CLRS Closed -Loop Recycle System Mecklenburg County In response to your permit renewal request received on March 29, 2023, we are forwarding herewith Permit No. WQ0036676 dated June 15, 2023, to Exchange Street, LLC for the continued operation of the subject closed -loop recycle facilities. This permit is effective from November 1, 2023, through October 31, 2031, shall replace Permit No. WQ0036676 issued on August 30, 2018, and is subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than May 4, 2031. Please pay attention to the monitoring requirements listed in Section IV for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information may result in non-compliance. The Division has removed the following permit conditions since the last permit issuance dated August 30, 2018: ➢ Old Condition IV2 — The Division has removed this condition because it is not applicable to this facility. ➢ Old Condition VL2 — The Division has removed this condition because permits are not voidable. The following permit conditions are new since the last permit issuance dated August 30, 2018: ➢ Condition IIL5 — This condition requires the Permittee prevent direct cross -connections between the closed -loop system and potable water systems. ➢ Condition IIL6 — This condition requires the Permittee stop the production of effluent and return the effluent to the treatment facility, store the effluent, or discharge the effluent to another permitted wastewater treatment facility when recycling cannot occur. ➢ Condition IIL9 — This condition requires the Permittee test and calibrate metering equipment annually. D � North Carolina Department of Environmental Quality i Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA �0w0_0 W �i­0­; /I 919,707,9000 Mr. Paul Cochrane June 15, 2023 Page 2 of 2 ➢ Condition VI.10 —This condition requires the Penn ittee pay an annual fee for each year of the term of this permit. This permit can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within 30 calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Those interested in filing may access additional information regarding the requirements for filing a Petition and Petition forms at the OAH website or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition shall serve a copy of the Petition on the Department of Environmental Quality's Office of General Counsel at 1601 Mail Service Center, Raleigh, NC 27699-1601. If the parry filing the Petition is not the Permittee, then the party shall also serve the Permittee pursuant to G.S. 15013-23(a). If you need additional information concerning this permit, please contact Leah Parente at (919) 707-3656 or leah.parentc&deq.nc.gov. Sincerely, DocuSigned by: Na l� a�,t tc,l 1 avViewo D1043082080C483... Richard E. Rogers, Jr., Director Division of Water Resources cc: Mecklenburg County Health Department (Electronic Copy) Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH CLOSED -LOOP RECYCLE SYSTEM PERMIT Pursuant to 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 Exchange Street, LLC Mecklenburg County FOR THE continued operation of a closed -loop recycle facility consisting of - an aggregate reclaimer and filter press both served by a 200 gallon per minute (GPM) pump; a 35,882 gallon dirty water chamber with two 15 horsepower (hp) mixers; an 11,736 gallon settling chamber; an 11,669 gallon settled water chamber and a 19,613 gallon clear water chamber both served by a 200 GPM pump; a 24,310 gallon overflow basin; an 11,736 gallon manual wash pit; a 22,000 gallon water tank; a heat pump; and all associated piping, valves, controls, and appurtenances to serve the Blue Dot Readi-Mix — Exchange Street CLRS, with no discharge of wastes to surface waters, pursuant to the application received on March 29, 2023, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit is effective from November 1, 2023, through October 31, 2031, shall replace Permit No. WQ0036676 issued on August 30, 2018, and is subject to the following conditions and limitations: I. SCHEDULES 1. If the permitted facilities change ownership or the Permittee changes its name, the Permittee shall submit a permit modification request on Division -approved forms within 90 days of the change of ownership. The Permittee shall comply with all terms and conditions of this permit until the Division transfers the permit to the successor -owner. [G.S. 143-215.1(d3)] 2. The Permittee shall request renewal of this permit on Division -approved forms no later than May 4, 2031. [15A NCAC 02T .0105(b), 02T .0109, 02U .0105, 02U .0109] WQ0036676 Version 3.0 Shell Version 230516 Page 1 of 6 II. PERFORMANCE STANDARDS The Permittee shall operate and maintain the subject closed -loop recycle facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities do not perform as designed, 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 closed -loop recycle facilities. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 2. This permit shall not relieve the Permittee of its responsibility for contravention of groundwater or surface water standards resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 3. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks: a. The Division originally permitted the treatment, storage, and recycle units on November 20, 2013, with an application received on July 29, 2013. The setbacks for treatment, storage, and recycle units originally permitted or modified with an application received from September 1, 2006, through 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 Z ' Habitable residences or places of assembly under separate ownership constructed after the Division originally permitted or subsequently modified the facilities 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 .1006(a)] OPERATION AND MAINTENANCE 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 sufficient detail to show what operations are necessary for the system to function and who shall conduct the operations. b. A description of the anticipated maintenance of the system. c. Provisions for safety measures, including restriction of access to the site and equipment. d. 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. [ 15A NCAC 02U .080I (a)] WQ0036676 Version 3.0 Shell Version 230516 Page 2 of 6 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 its Back-up shall operate and visit the facilities as required pursuant to 15A NCAC 08G .0204 and 08G .0205. At the time of this permit issuance, the WPCSOCC does not require an ORC and Back-up ORC for Closed -Loop Recycle Systems. [ 15A NCAC 02T .0117, 02U .0117] 4. The Permittee shall prohibit public access to the treatment, storage, and recycle facilities. [15A NCAC 02U .0404(b)(1)] If the Permittee uses potable water to supplement a closed -loop recycle water system, there shall be no direct cross -connections between the closed -loop system and potable water systems, unless the Division has approved the connection pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0404(b)(2)] 6. The Permittee shall stop the production of effluent and return the effluent to the treatment facility, store the effluent, or discharge the effluent to another permitted wastewater treatment facility when recycling cannot occur. [15A NCAC 02U .0404(c)(1)] 7. The Permittee shall dispose of or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .1101, 02U .08021 8. The Permittee shall not divert or bypass untreated or partially treated recycle water from the subject facilities. [15A NCAC 02T .0108(b)(1)(A), 02U .0108] 9. The Permittee shall establish and maintain a protective vegetative cover on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., the outside toe of the embankment to the maximum allowable temporary storage elevation on the inside of the embankment). The Permittee shall remove all trees, shrubs, and other woody vegetation from earthen dikes and embankments. The Permittee shall keep all earthen embankments mowed or otherwise controlled and accessible. [15A NCAC 02U .0801(a)] 10. The Permittee shall test and calibrate metering equipment annually. [ 15A NCAC 02U .0801(d)] IV. MONITORING AND REPORTING 1. The Permittee shall conduct and report any Division -required monitoring, including the monitoring of groundwater, surface water or wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon or storage ponds, and plant tissue, if necessary to evaluate this facility's impact on groundwater and surface water. [ 15A NCAC 02T .0108(c), 02U .0108] 2. The Permittee shall maintain records of all residuals removed from this facility. The Permittee shall maintain these records for eight years and shall make them available to the Division upon request. These records 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. Residuals hauling date. d. Volume of residuals removed. [ 15A NCAC 02U .0802(b)] WQ0036676 Version 3.0 Shell Version 230516 Page 3 of 6 V. 3. The Permittee shall keep a log of all maintenance done at this facility. The Permittee shall maintain this log for eight years and shall make it available to the Division upon request. This log shall include: a. Visual observations of the plant and plant site. b. Record of preventative maintenance (e.g., inspections, cleanings, etc.). [ 15A NCAC 02U .0801(h)] 4. Noncompliance Notification: changing of equipment, adjustments, testing, The Permittee shall report to the Mooresville Regional Office, telephone number (704) 663-1699, 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, structural, etc.) that makes the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a discharge to surface waters. d. 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 the telephone number (800) 858-0368. 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), 02U .0108] INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the closed -loop recycle facilities. [15A NCAC 02U .0801(i)] 2. The Permittee shall inspect the closed -loop recycle 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 eight years from the date of the inspection and shall make this log available to the Division upon request. [15A NCAC 02U .0801(h), 02U .0801(i)] 3. Division -authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the permitted closed -loop recycle facilities 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 influent, treatment process water, effluent, residual, soil, plant tissue, groundwater, or surface water samples. [ G. S. 143 -215.3 (a)(2)1 WQ0036676 Version 3.0 Shell Version 230516 Page 4 of 6 Vl. GENERAL 1. The Permittee's failure to comply with this permit's conditions and limitations may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.6B, 143-215.6C] 2. This permit is effective only for the nature and volume of wastes described in the permit application and Division -approved plans and specifications. [G.S. 143-215.1(d)1 3. There are no variances to administrative codes or general statutes governing the construction or operation of the permitted facilities unless the Permittee specifically requested a variance in the application and the Division approved the variance as noted in this permit's facility description. [15A NCAC 02T .0105(b), 02U .0105] 4. 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 .0108(b)(1)(A), 02U .01081 5. The Permittee shall retain this permit and the Division -approved plans and specifications for the life of the permitted facilities. [15A NCAC 02T .0105(o), 02T .0116(d), 02U .0105, 02U .0116] 6. The Permittee shall comply with all permit conditions and requirements until the proper closure of the permitted facilities, or until another appropriate authority permits the facilities. [15A NCAC 02T .0105 , 02U .0105] 7. 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 15A NCAC 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 the Permittee keeps any Division -required records under the terms and conditions of this permit. ii. To have access to any permit -required documents and records. iii. To inspect any monitoring equipment or method as required in this permit. iv. To sample any pollutants. d. The Permittee's failure to pay the annual fee for administering and compliance monitoring. e. A Division determination that the conditions of this permit conflict with the North Carolina Administrative Code or General Statutes. [ 15A NCAC 02T .0110, 02U .0110] WQ0036676 Version 3.0 Shell Version 230516 Page 5 of 6 8. Unless the Division determines that the Permittee needs a permit modification for the construction of facilities to resolve non-compliance with any environmental statute or rule, or the Division Director grants a variance, expansion of the permitted facilities 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 the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this conviction. 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 in accordance with its permit or 15A NCAC 02U. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this penalty. 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 pursuant to 15A NCAC 02T .0105(e)(2). [ 15A NCAC 02T .0120(b), 02T .0120(d), 02U .0120] 9. Unless the Division Director grants a variance, the Division shall not renew this permit if the Permittee or any affiliation has not paid an annual fee pursuant to 15A NCAC 02T .0I05(e)(2). [15A NCAC 02T .0120 c , 02T .0120(d), 02U .0120] 10. The Permittee shall pay an annual fee for each year of the term of this permit pursuant to the schedule in G.S. 143-215.31)(a). The Permittee shall continue to pay annual fees for any facility operating on an expired permit that the Division has not rescinded or revoked. [15A NCAC 02T .0105(e)(2), 02U .0105] Permit issued this the 15t1i day of June 2023 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: v a"W D1043082680C483... Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0036676 WQ0036676 Version 3.0 Shell Version 230516 Page 6 of 6 FIGURE 1— SITE MAP Blue Dot Readi-Mix — Exchange Street I 1022 Exchange Street Charlotte, North Carolina 28208 1■ 1!` - t"ti- f i 5 n Permit Number: WQ0036676 Version 3.0