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Home My WebLink AboutNC0071706_Permit Modification_20121130fW NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Govemor Mr. Donald G. Fose Hinson Arms Apartments 3340 Richlands Highway Jacksonville, NC 28540 Division of Water Quality Charles Wakild, P.E. Director November 30, 2012 Subject: Modification ofNPDESPermitNC0071706 Hinson Arms Apartments WWTP Onslow, County Dear Mr. Fose: Dee Freeman Secretary Pursuant to the content of discussions that occurred on November 29, 2012 between you, the Division of Water Quality, and the staff of the North Carolina Attorney General's Office, in furtherance of settlement discussions in the matter of contested case number 12EHRO8731, the Division has modified the terms of NPDES permit NCO071706 originally issued on November 5, 2012. Accordingly, we are forwarding the attached, modified NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). This modified permit removes the effluent discharge limit associated with Total Phosphorous and reduces the minimum monitoring frequency for Total Phosphorous from weekly to quarterly. Apart from the noted changes, and the renumbering of a footnote made necessary due to the modification, all other terms and conditions remain the same as those contained in the previous permit. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 807- 6398, or via e-mail at bob.sledge@ncdenr.gov. a 1;� Charles Wakild, P.E. cc: Central Files Wilmington Regional Office/Surface Water Protection Section NPDES File Don Laton — Attorney General's Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 �a2 Phone: 919-807-63001 FAX: 919-807-6492 North{urQ'il J/ Carolina Internet www,ncvvaterquality.org An Equal Opportunity I Afirmg'`� ative Action Employer �/ Permit NCO071706 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Donald Fose is hereby authorized to discharge wastewater from a facility located at the Hinson Arms Apartments WWTP 3340 Richlands Highway West of Jacksonville Onslow County to receiving waters designated as an unnamed tributary to the New River in the White Oak River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, Il, III and 1V hereof. This permit shall become effective December 1, 2012. This permit and authorization to discharge shall expire at midnight on June 30, 2017. Signed this day November 30, 2012. rles Wakild, P.E., Director ivision of Water Quality By Authority of the Environmental Management Commission Permit NCO071706 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Mr. Donald Fose is hereby authorized to: I. Continue to operate an existing 0.015 MGD wastewater treatment system with the following components: ♦ Sand filter dosing tank with A/V alarms ♦ Extended aeration basin — 50,000 gallons ♦ Four Clarifiers — 3,000 gallons each ♦ Two sand filters — 500 sq feet each ♦ Post aeration basin —1,000 gallons ♦ Aerated sludge holding tank — 2,000 gallons ♦ Gas Chlorine contact basin —1,000 gallons ♦ Liquid Dechlorination ♦ Chemical phosphorous control The facility is located west of Jacksonville at Hinson Arms Apartments at 3340 Richlands Highway in Onslow County. 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to the New River, classified C-NSW waters in the White Oak River Basin. Permit NCO071706 I¢��( /�G f%G�✓ � ��r��,�'- =��Y ; -ram' - � - �' u nJ r c a i ♦ d ac Tar andin � a r - 8 �� Y — c� - 7 %7/ 'j-DisCAM r' e`' PoMt `-j Z Memor al Park U 1 - � CreekVD, � � ;f � l)I(II" �/rl, M �(�./ • ��! � � I .0' �// 'r of -o �w�� ,� �\ �� q � - II r � f .. � _ ■ 1�avna.,G •...,..,, u . $�' r .i. k �'1��! �. ,Vti� J t\ ✓�`} / jpOv^d1\5 , /Trartt Park n J ♦ ;� rllr.':. Bld . �. 1 k� l�Tra Ie �a N. Blue Gh Cn 30 i go Quad: Jacksonville North NCO071706 Facility Latitude: 34044'48" Longitude: Hinson Arms Apartments Location - v Stream Class: C-NSW WWTP Subbasin: 30502 Receiving Stream: LIT to New River cffort% Onslow County Permit NCO071706 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Mf '`' �°�� EF�FLUENT'GkLARACTERISTICS -- - - LIMITSr - - - ONITORIN REUiREMENTS. ,s aon seue_ Sample, yp 'ue �--� thi.MP!e , ._ .-_ti:; ._ "um, erage _ ,� �Ma �� --��` c► 50050 - Flow 0.015 MGD Weekly Instantaneous Influent or Effluent C0310 - BOD, 5-day (20°C) 5.0 mg/L 7.5 mg/L Weekly Composite Effluent (April 1- October 31 C0310 - BOD, 5-day (20°C) 10.0 mg/L 15.0 mg/L Weekly Composite Effluent November 1- March 31 C0530 - Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0610 - NHa as N (April 1— October 31 2.0 mg/L 10 mg/L Weekly Composite Effluent C0610 - NHs as N November 1— March 31 4.0 mg/L 20 mg/L Weekly Composite Effluent 00300 - Dissolved Oxygen2 Weekly Grab Effluent & Downstream 31616 - Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab Effluent 50060 - Total Residual Chlodne3 17 µg/L 2/Week Grab Effluent 00010 - Temperature (°C) Daily Grab Effluent 00010 - Temperature (°C) Weekly Grab Downstream C0665 - Total Phosphorus Quarterly Composite Effluent 00400 — pH4 Weekly Grab Effluent C0600 - Total Nitrogen Quarterly Composite Effluent NOz+NOs+TKN Footnotes: 1. Downstream = at least 50 feet below discharge. 2. The minimum daily dissolved oxygen effluent concentration shall not be less than 6.0 mg/L. 3. The Division shall consider all effluent TRC values reported below 50 pg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 pg/L. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts Sledge, Bob From: Laton, Don [dlaton@ncdoj.gov] Sent: Tuesday, December 11, 2012 9:43 AM To: Poupart, Jeff; Hennessy, John; Sledge, Bob; Gregson, Jim; Hunkele, Dean Cc: Matthews, Matt; Cooper, Kathy; Leach, Janet Subject: Contested Case: Hinson Arms Apts WWTP Donald Fose Status Report Re: NPDES Permit No. 071706, Onslow County, OAH Case No. 12 ENR 08731 Mr. Fose's office called just a few minutes ago. The modified permit has been received. The permittee indicated that a Notice of Withdrawal of Contested Case Petition will be filed in OAH this week. A copy should be mailed by Petitioner to me also. When I have the document, I will provide a copy to you. Thanks for your work on this case. Donald W. Laton Assistant Attorney General Water & Land Section Environmental Division Office No. 323A, 114 W. Edenton Street North Carolina Department of Justice P.O. Box 629 Raleigh, North Carolina 27602-0629 919-716-6963 (Direct) 919-716-6766 (Fax) 919-716-6600 (Environmental Division) dlaton o,ncdoi . gov IMPORTANT: This e-mail message is intended solely for the individual or individuals to whom it is addressed. It may contain confidential attorney -client privileged information and attorney work product. If the reader of this message is not the intended recipient, you are requested not to read, copy or distribute it or any of the information it contains. Any information not protected by attorney -client privilege may be subject to North Carolina Public Records Act requests(N.C. Gen. Stat. § 132.1 et sea.) Please delete the message immediately and notify the Attorney General's Office by return e- mail or by telephone (919) 716-6600. December 12, 2012 To: NPDES Permit File From: Bob Sledge Re: Contested Case & Permit Modifications NPDES Permit NC0071706 Hinson Arms Apartments Onslow County Mr. Donald Fose owns and operates Hinson Arms Apartments WWTP, north of Jacksonville, in Onslow County. Mr. Fose was issued a renewed permit on August 31, 2012. Within the permit was the interpretation that because the WWTP performed nutrient removal (phosphorous control), the facility had to be classified as a Grade 3 biological wastewater treatment facility pursuant to 15A NCAC 08G .0302 (it had formerly been classified as a grade 2 facility). With the classification, the facility was given an effluent monitoring frequency of 3/week for a number of parameters as depicted in 15A NCAC 2B .0508. The monitoring frequency in previous permits had been weekly for these parameters. Mr. Fose contested the monitoring frequencies in the reissued permit. Upon investigation of the matter, it was discovered the permitting unit's interpretation of the classification rule was incorrect. Only facilities that achieve nutrient reduction through biological processes are to receive the bump in facility grade. Those that control or reduce phosphorous through chemical means (such as Hinson Arms WWTP), are not to see an increase in their classification. As a result, on November 5, 2012, the permit was modified to return all 3/week monitoring to weekly monitoring. The permit contained exactly the same terms as it had in the previous permit. However, Mr. Fose was not satisfied. He replied to the AGO that he wished to have the Total Phosphorous limit removed, as well as the requirement to operate the phosphorous control equipment, along with decreased monitoring frequency. DWQ investigated the situation further, noting the current nutrient strategy in the basin, and examining the requirements found in similar permits as described in the discussion below. It concluded the permit should be further modified, to remove the Total Phosphorous limit, and establish the monitoring frequency as quarterly. DWQ could not see the merit in allowing a permiee to remove nutrient control equipment from a facility discharging into nutrient sensitive waters. The cost of operating the equipment is relatively inexpensive, and such control was the likely means by which the facility achieved the phosphorous values it has reported in recent years. DWQ's response was communicated to Mr. Fose during a November 29, 2012 teleconference. Mr. Fose agreed to the terms proposed by DWQ. A modified permit was drafted, reviewed by the AGO, signed and transmitted to Mr. Fose. The permit has been received by him. In response, he has requested the contested case be withdrawn. Discussion The NPDES permit file indicates that wastewater treatment for the apartments was originally provided by a non -discharge system that eventually failed in the late 1980s. Because there was no other viable option for wastewater treatment, the system was allowed to obtain an NPDES permit. The facility was permitted as a 0.015 MGD activated sludge (package plant) facility with discharge to an unnamed tributary to the New River. Ordinarily, such a permit would not have been allowed, with discharge to nutrient sensitive waters that had recently experienced algal blooms, but this was permitted due to the hardship condition it was facing. One condition of note in the permit was the inclusion of a 2.0 mg/L quarterly average phosphorous effluent limit. From the beginnings of the life of the discharge permit, it has included provision for phosphorous control equipment, the total phosphorous quarterly average limit, and weekly monitoring of the effluent for total phosphorous. As time has passed, many changes have occurred within the watershed that have improved water quality in the New River, such as the removal and/or upgrade of a number of major discharges. While nutrient loadings from all facilities are evaluated, with the overall positive changes seen within the watershed, the discharges from small facilities were determined to be less significant contributors, and merited less compliance oversight. The 2007 White Oak River basin plan recommended facilities with a design flow of 50,000 gallons per day or more be given the Total Phosphorous quarterly average limit of 2.0 mg/L. Weekly monitoring has been determined to be the minimum monitoring frequency to provide a reliable average value. Facilities under 50,000 GPD are recommended to receive quarterly monitoring for Total Phosphorous. A review of similar sized domestic discharges in the watershed revealed the Hinson Arms Apartments WWTP was the only one that contained a Total Phosphorous limit in its permit. _ • Sledge, Bob From: customerservice@hinsonarms.com Sent: Tuesday, December 11, 2012 3:49 PM To: Sledge, Bob Subject: RE: NPDES Permit Bob, I received the new permit and have sent the dismissal for the petition today. Hope all is well with you guys and that you have a Merry Christmas. Don Fose -------- Original Message -------- Subject: NPDES Permit From: "Sledge, Bob" <bob.sledge@ncdenr.gov> Date: Wed, December OS, 2012 11:43 am To: "customerservice@hinsonarms.com" <customerservice@hinsonarms.com> Cc: "Laton, Don" <dlaton@ncdoj.gov> Dear Mr. Fose, Attached please find a .pdf copy of NPDES permit NCOO717O6 for Hinson Arms Apartments as modified pursuant to the terms agreed upon by all parties during our November 29, 2012 teleconference. This modified permit removes the effluent limit for Total Phosphorous and reduces the monitoring frequency for this parameter from weekly to quarterly. Both of these changes are now in effect. I apologize for our tardiness in getting a copy of this final version of the permit to you. A key member of our staff that completes the administrative processing of permits has been sick and out of the office this week, leading to delays in getting the permit to you. A hard copy of the permit will be sent out in the mail today. Please note that page 2 of the .pdf version I have attached is blank, due to the way in which it was scanned. Thank you for your patience. Please call or reply if you have any questions. :•• Bob Sledge Environmental Specialist Compliance & Expedited Permits Unit NC Division of Water Quality bob.sledge@ncdenr.gov (919) 807-6398 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. PLEASE PRINT CLEARLY OR TYPE STATE OF NOR•111 CAROLINA COUNTY OF (1) Onslow IN TIME OFFICE OF ADMINISTRATIVE BEARINGS Hinson Arms Anartments _ } •� "� 20�� (your name) PETITIONER, PETITION N� V. ti�v�a�RE UV�G FOR A CONTESTED CASE HEARING (3)Ngrth Carolina 12g.11artment of Environment and Natural Rc c 5 1P�V�p Division of Water Quality _ ) RESPONDENT. ) (The State agency or board about which you are complaining) ) I hereby ask for a contested case hearing as provided for by North Carolina Gencral Statute § 150B-23 because tite Respondent has: (Briefly state facts showing how you believe you have been harmed by the State agency or board.) Changed level of testing requirements for the Waste Water Treatment Plant from a level two to a level three. This change results in an increased testing requirement from once a week to three times a week. There have been no changes in the limits of the Waste Water Treatment Plant and the plant is not in constant violations. This change cruises harm to my business and myself by tripling the monthly costs of the Waste Water Treatment Plant, Reference NPDES Permit NCO071706 (4) Amount in controversy $ (if applicable) (if more space is needed, attach additional pages.) (5) Because of these facts, the Slate agency or board has: (check at least one from each column) deprived me of property; exceeded its authority or jurisdiction; ordered me to pay a fine or civil penalty; or X acted erroneously; otherwise substantially prejudiced my rights; AND failed to use proper procedure; X acted arbitrarily or capriciously; or failed to act as required by law or rule. (6) Date: 09/21/12 (7) Your phone number: (910 ) 389.2030 or 910-455-1251 (8) Print your full address: 3340 Ricblands Highway Jacksonville NQ 28540 (street address/p.o. box) (9) Print your name: (10) Your signature: (city) (state) (tip) You must mail or deliver a COPY of this Petition to the State agency or board named on line (3) of this form. You should contact the agency or board to determine the name of the person to be served. CERTIFICATE OF SERVICE I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service with sufficient postage affixed OR by delivering it to the named agency or board: (11) William Ca1y, general Counse (12) NC DFNR (name of person served) (State agency or board listed on line 3) (13) 1601 Mail Service Center Raleigh NC 27699-1601 (street addresslp.o. box) (city) (state) (lip code) (14) This the , 2 day of Se tember .20 12 . (t5) (your signature) When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to rite Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. H-06 (05110)