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HomeMy WebLinkAboutWQ0003418_Final Permit_20131122fflift4' NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrary Thomas A. Reeder Governor Director November 22, 2013 HowARD P. BRowN, JR. — VICE PRESIDENT TRIANGLE BRICK COMPANY. 6523 NC HWY 55 DURHAM, NORTH CAROLINA 27713 Dear Mr. Brown: John E. Skvarla, III Secretary Subject: Permit No. WQ0003418 Durham Clay Mine Wastewater Irrigation System Durham County In accordance with your permit renewal request received August 26, 2013, we are forwarding herewith Permit No. WQ00rQ3418 dated November 22, 2013, to Triangle Brick Company for the continued operation of the subject wastewater treatment and irrigation facilities. Please note that this renewed permit shall become effective on March I, 2014 (i.e., the day after the expiration date of the existing permit). This permit shall be effective from March 1, 2014 until February 28, 2019, shall void Permit No. WQ0003418 issued March 8, 2005, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B 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. For your convenience, customized electronic copies of your facility's NDMR and NDAR-1 reporting forms are available for download at: littp:/Iportal.nedenr.or web/wglapsilau/reporting. PIease note the following permit conditions have been removed since the last permit issuance dated March 8, 2005: ➢ Old Condition IV-3. — This condition has been removed because it is inherently covered under new Condition N.Z. Please note the following permit conditions and attachments are new since the last permit issuance dated March 8, 2005: ➢ Condition II-7. — This condition requires the Permittee. to apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. WATER QUALITY PERMITTING SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N, Salisbury St., Raleigh, North Carolina 27604 Phone: 91MOT-64641 FAX: 919-807-6496 Internet: httrs_Ilportal,ncdenr.org/weblwo An Equal Opportunity 1 Afrmalive Adion Employer Mr. Howard P. Brown, Jr. November 22, 2013 Page 2 of 3 ➢ Condition H.8. - This condition states that no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary. ➢ Condition 11.9. - This condition requires any landowner who owns land within the compliance boundary, but who is not the Permittee, to execute and file with the County Register of Deeds an easement with the requirements listed in the said Condition. Please note the previous permit was subject to this requirement under 15A NCAC 02L .0107(f), therefore, this condition is intended to voice this rule. ➢ Condition M.6. This condition requires that all irrigation equipment be tested and calibrated at least once per permit cycle. ➢ Condition IH.13. - This condition requires that the settling pond have a gauge to monitor water levels. ➢ Condition U114. - This condition requires that a protective vegetative cover be established and maintained on all earthen embankments, berms, pipe runs, erosion control areas, and surface water diversions. ➢ Condition IV.2. - This condition requires that a Division certified laboratory conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. ➢ Condition IV.6. - This condition requires the Permittee to measure and record the freeboard in the settling pond. Y Condition IV.8. -- This condition requires that the Permittee keep a record of all residuals removed from the facility. ➢ Condition IV.9. - This condition requires that the Permittee keep a log of all maintenance conducted at the subject facility. ➢ Condition IV.10. - This condition requires the Permittee to conduct an annual soil analysis on both irrigation fields. Free soil testing can be done via the North Carolina Department of Agriculture and Consumer Services (hn://voxvv.ncap-r.gov/agronomi/stl-iome.btm). ➢ Condition V1.7. - This condition requires the Permittee to maintain this permit until all permitted facilities are properly closed or permitted under another permit. ➢ Condition VI.8_ - This condition notes that this permit is subject to revocation or unilateral modification within 60 days notice from the Division if the terms in 15A NCAC 02T .0110 are violated_ ➢ Condition VI.9. - This condition notes that this facilities in this permit may not be expanded if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). ➢ Attachment A -- This attachment includes information concerning the parameters and sampling frequency of the facility effluent. ➢ Attachment B - This attachment includes information that was formerly included in Old Condition II.11 _ Mr. Howard P. Brown, Jr. November 22, 2013 Page 3 of 3 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. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact Nathaniel Thornburg at (919) 807-6453 or nathaniel.thornburgna,ncdenr_Qov. Sincerely, /ho!A. Reeder cc: Durham County Health Department Raleigh Regional Office, Water Quality Regional Operations Section Permit File WQ0003418 Notebook File WQ0003418 THIS PAGE BLANK NORTH CAROLINA EN MONV-MFNTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRON1VIENT AND NATURAL RESOURCES RALEIGH 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 Triangle Brick Company Durham County FOR THE continued operation of a 16,500 gallon per day (GPD) wastewater treatment and irrigation facility consisting of - supply pumps; a two acre settling pond; 200 gallon per minute (GPM) irrigation pumps; dual spray irrigation fields totaling 34,000 square feet (ft ); and all associated piping, valves, controls and appurtenances to serve the Durham Clay Mine and its associated mine dewatering activities, with no discharge of wastes to surface waters, pursuant to the application received August 26, 2013, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from March 1, 2014 until February 28, 2019, shall void Permit No. WQ0003418 issued March 8, 2005, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the pen -nit renewal application. II. PERFORMANCE STANDARDS The subject non -discharge facilities shall be effectively maintained and operated at all times 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 adequately 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 irrigation facilities. 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. 3. Effluent quality shall not exceed the limitations specified in Attachment A. 4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC 02L .0107(a). This disposal system was individually permitted prior to December 30, 1983; therefore, the compliance boundary is established at either 500 feet from the effluent disposal area, or at the property boundary, whichever is closest to the effluent disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. 6. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area_ Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. 7. 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. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in I5A NCAC 02L .0107(g). 9_ Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Durham County Register of Deeds an easement running with the Iand containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(#)(1); b_ Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed_ 10. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 400 I Surface waters: 100 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 150 v. Public right of way: 50 b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 I Any property line: 50 M. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .0507, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. 3. A suitable year round vegetative cover shall be maintained at all times, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. 6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. 7. Only effluent from the Durham Clay Mine shall be irrigated on the sites listed in Attachment B. 8_ No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. 9_ Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. AIQ0003418 Version 3.0 Shell Version 131016 Page 3 of 7 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. 12. Freeboard in the settling pond shall not be less than two feet at any time. 13. A gauge to monitor waste levels in the settling pond shall be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. 14. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. IV. MONITORING AND REPORTING REOUIREMENTS Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sampling reporting schedule shall be followed. 2. Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. The Permittee shall install and maintain an appropriate flow measurement device to ensure the accuracy and reliability of flow measurement consistent with accepted engineering and scientific practices. Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of less than ten percent from true flow; accurately calibrated at a minimum of once per year; and maintained to ensure the accuracy of measurements is consistent with the selected device's accepted capability. The Permittee shall maintain records of flow measurement device calibration on file for a period of at least five years. At a minimum, documentation shall include: a. Date of flow measurement device calibration, b. Name of person performing calibration, and c. Percent from true flow_ 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h. Maintenapcc of cover crops. WQ0003418 Version 3.0 Shell Version 131016 .Page 4 of 7 6. Freeboard (Le., waste level to the lowest embankment elevation) in the settling pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions 1V.5. and IV.6.) on Form NDAR-1 for every site in Attachment B 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 8. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, 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. 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a_ Date of calibration of flow measurement device; b. Visual observations of the plant and plant site; and c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). 10. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH WQ0003418 Version 3.0 Shell Version 131016 Page 5 of 7 11. Noncompliance Notification: The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 791- 4200, as soon as possible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the facility resulting in the treatment of significant amounts of wastes that is abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation. sites. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure the problem does not recur. V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. 2. The Permittee or their designee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance_ The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any 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. 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit, and may collect groundwater, surface water or leachate samples. VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143- 215.6A to 143-215.6C. 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. WQ0003418 Version 3.0 Shell Version 131016 Page 6 of 7 This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in I SA NCAC Chapter 4 and under the Division's General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. 5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein_ 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority pursuant to 15A NCAC 02T .01050). 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). 10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A NCAC 02T .0105(e)(3). Permit issued this the 22nd day of November 2013 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Torn A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0003418 WQ0003419 Version 3.0 Sheli Version 131016 Page 7 of 7 THIS PAGE BLANK ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS PPI 001 — WWTP Effluent Permit Number: WQ0003418 Version: 3,0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCs Parameter Description Units of Monthly Monthly Daily Minimum Daily Maximum Measurement Sample Code Measure Average Geometric Mean Frequency Type 50050 Flow, in conduit or thru treatment plant GPD 16,500 t Continuous Recording WQ0003418 Version 3.0 Attachment A Page I of I THIS PAGE BLANK ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS Triangle Brick Company — Durham Clay Mine Permit Number: WQ0003418 Version: 3.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County Latitude Longitude Net Dominant Acreage Sail Series Parameter Hourly Rate Yearly Max Units I Triangle Brick Company Durham 0.16 01284 —Non-Discharge Application Rate inches 2 Triangle Brick Company Durham 0.62 01284 — Non -Discharge Application Rate inches Totals 0.78 WQ0003418 Version 3.0 Attachment B Page 1 of 1 , a i 0,201 o Googie`, t ! ��1 {� pe•'lp?y�r��at�+ , tOff _i.:. A Figure 2 — Directional Map WQ0003418 6523 N. Hwy 55, Durham, NC 27713 Triangle Brick Company Latitude: 35.871592° Durham Clay Mine Longitude:-78.898004' '� Sateilit� T - Liar: _ Traffi c � J E 11. • 3- I IS i:ul; "{ ,- t: KI^.., _ .•Fold � �j 2000 It = °rc " E',. I Else asts 4e'�t? �c_31e - Edi[in a.. _le ii3F �r 8�art: pr�kES•: