HomeMy WebLinkAboutWQ0019755_Final Permit_20011102i
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
November 2, 2001
Phillip M. Cooke, President
JPC Utilities, LLC
clo JP Monroe, LLC
1690 NC 68 North
Oak Ridge, NC 27310
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ0019755
Oak Ridge Commons Shopping Center
Wastewater Spray Irrigation
Guilford County
Dear Mr. Cooke:
In accordance with a request received October 18, 2001, we are forwarding herewith Permit No.
WQ0019755, dated November 2, 2001, to JPC Utilities, LLC for the construction and operation of the subject
wastewater treatment and spray irrigation facilities. This permit modification acknowledges new flow data
information and increases the allowable size and restaurant seating of the shopping center to be treated by the
previously approved wastewater treatment and disposal system.
This permit shall be effective from the date of issuance untilAugust 31, 2006, shall hereby void Permit
No. WQ0019755 dated September 21, 2001, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an
adequate system for collecting and maintaining the -required operational information will result in future
compliance problems. Please pay particular attention to Condition III. 6. requiring an annual soils
scientist evaluation of the spray areas.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must 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, 6714 Mail Service Center,Raleigh, NC
27699-6714. Unless such demands are made this permit shall be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact Sue Homewood at (919 3-5083 extension 502.
Sine el ,
A Gregory J. Thorpe, Ph.D.
cc: Guilford County Health Department
Winston-Salem Regional Office, Water Quality Section
Winston-Salem Regional Office, Groundwater Section
Groundwater Section, Central Office
Diehl & Phillips, P.A.
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled110% post -consumer paper
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SPRAY 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
JPC Utilities, LLC
Guilford County
FOR THE
construction and operation of a 13,000 GPD average daily flow spray irrigation treatment and disposal facility
consisting of a I4,000 gallon septic tank, a 12,000 gallon recirculation pump station with duplex 1.5 HP pumps, a
synthetically lined 106 feet by 54 feet recirculating sand filter, a flow splitter box, a tablet chlorinator, a 2,184,E
gallon synthetically lined effluent storage lagoon, 4 foot diameter irrigation pump station with duplex 2 HP pumps
an automatic Rain Switch control, and 188 sprinkler nozzles to irrigate approximately 9 acres of spray field, to serve a
124,585 square foot shopping center, with no more than 300 seats for food service, identified as Oak Ridge Commons
Shopping Center, with no discharge of wastes to the surface waters, pursuant to the request received October 18, 2001,
and in conformity with the project plan, 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 the date of issuance until August 31, 2006, shall hereby void Permit No.
WQOO19755 issued September 21, 2001, and shall be subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
Upon completion of construction and prior to operation of this permitted facility, a certification must be
received from a professional engineer certifying that the permitted facility has been installed in accordance
with this permit, the approved plans and specifications, and other supporting materials. If this project is to
be completed in phases and partially certified, you shall retain the responsibility to track further
construction approved under the same permit, and shall provide a final certificate of completion_ once the
entire project has been completed. Mail the Certification to the Non -Discharge Permitting Unit, Division
of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617.
2. The Winston-Salem Regional Office, telephone number (336) 771-4600, shall be notified at least forty-
eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be
made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00
a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays.
3. The spray irrigation facilities shall be effectively maintained and operated at all times so that there is no
discharge to the surface waters, nor any contamination of ground waters which will render them
unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the
creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, the
Permittee shall take immediate corrective actions including, but not limited to, immediately vacating
portions of the shopping center, installing additional wastewater treatment and/or storage units, or
acquiring additional spray irrigation areas.
4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or
groundwaters resulting from the operation of this facility.
5. The residuals generated from these treatment facilities must be disposed in accordance with General
Statute 143-215.1 and in a manner approved by the Division.
6. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
7. Grease traps shall be required for all tenants with food service and all grocery tenants. JPC Utilities, LLC
shall develop Operation and Maintenance Plans for each tenant with a Grease Trap. Lease agreements
between JPC Utilities, LLC and any food service or grocery tenants shall document that the tenant will be
responsible for installing and properly maintaining a grease trap. JPC Utilities, LLC shall be responsible
for any problems with the wastewater treatment and spray irrigation system that are a direct result of
improper grease trap maintenance.
Water use caps shall be required for all tenants. JPC Utilities, LLC shall develop lease agreements for
each tenant documenting that the tenant will be responsible for installing and properly maintaining a low
flow fixtures and meeting water use restrictions. JPC Utilities, LLC shall be responsible for any problems
with the wastewater treatment and spray irrigation system that are a direct result of improper enforcement
of lease agreements.
9. The following buffers shall be maintained:
a) 400 feet between wetted area and any residence or places of public assembly under separate
ownership,
b) 150 feet between wetted area and property lines,
c) 100 feet between wetted area and wells,
d) 100 feet between wetted area and drainageways or surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 100 feet between wastewater treatment units and wells, and
g) 50 feet between wastewater treatment units and property lines.
10. A leakage test shall be performed on the septic tank, recirculating sand filter pump tank, and the irrigation
pump station to insure that any exfiltration occurs at a rate which does not exceed twenty (20) gallons per
twenty-four (24) hours per 1,000 gallons of tank capacity. The engineer's certification will serve as proof
of compliance with this condition.
H. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Upon classification of the facility by the Water Pollution Control System Operators Certification
Commission (WPCSOCC), the Permittee shall employ a certified wastewater treatment plant operate -
be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certifi,
of the type and grade at least equivalent to or greater than the classification assigned to the wastewater
treatment facilities by the WPCSOCC. The Permittee must also employ a certified back-up operator of the
appropriate type and grade to comply with the conditions of 15A NCAC 8G .0202. The ORC of the
facility must visit each Class I facility at least weekly and each Class 11, 11I, and IV facility at least daily,
excluding weekends and holidays, and must properly manage and document daily operation and
maintenance of the facility and must comply with all other conditions of 15A NCAC 8G .0202. Once the
facility is classified, the Permittee must submit a letter to tbeWPCSOCC which designates the operator in
responsible charge within thirty days after the wastewater treatment facilities are 50% complete.
Following construction of the wastewater irrigation system, the fields will be repaired and maintained in
accordance with the recommendations of a professional engineer, a soil scientist, and/or an agronomist.
The repair and management strategy should be developed in order to decrease risk of erosion and establish
and maintain vegetation in order to maintain infiltration rates for the sites.
4. A suitable year round vegetative cover shall be maintained on all irrigation fields.
Irrigation shall not be performed during inclement weather or when the ground is in a condition that will
cause runoff.
Adequate measures shall be taken to prevent wastewater runoff from the spray field.
7. 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 application rate shall not exceed a cumulative loading of 21.37 inches over any twelve (12) montn
period at an instantaneous application rate not to exceed 0.5 inches per hour.
9. No type of wastewater other than that from Oak Ridge Commons Shopping Center shall be sprayed onto
the irrigation area.
10. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
11. Public access to the wastewater treatment system shall be restricted at all. times.
12. Public access to the land application sites shall be controlled during active site use. Such controls may
include the posting of signs showing the activities being conducted at each site.
13. Freeboard in the effluent lagoon shall not be less than two feet at any time.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed necessary by
the Division to insure surface and ground water protection will be established and an acceptable sampling
reporting schedule shall be followed.
2. Adequate records shall be maintained by the Permittee tracking the amount of wastewater disposed. These
records shall include, but are not necessarily limited to, the following information:
a. date of irrigation,
b. volume of wastewater irrigated,
c. field irrigated,
d. length of time field is irrigated,
e. continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field,
f. weather conditions, and
g. maintenance of cover crops.
Influent flow shall be continuously monitored and daily flow values shall be reported on Form NDMR.
The Permittee shall install an appropriate flow measurement device consistent with approved engineering
and scientific practices to ensure the accuracy and reliability of influent flow measurement. Flow
measurement devices selected shall be capable of measuring flows with a maximum deviation of less than
10 percent from true flow, accurately calibrated at a minimum of once per year, and maintained to ensure
that the accuracy of the measurements is consistent with the accepted capability of that type of device. The
flow measuring device shall be installed within 1 year of the date of this permit. Records of flow
measurement device calibration shall be kept on file by the Permittee for a period of at least three years.
At a minimum, data to be included in this documentation shall be:
a. Date of flow measurement device calibration
b. Name of person performing calibration
c. Percent from true flow
4. The effluent from the subject facilities shall be monitored by thePermittee at the point prior to irrigation
every March, July, and November for the following parameters:
BOD5 TSS
Fecal Coliform pH
NH- as N
5. Three (3) copies of all operation and disposal records (as specified in condition III 2) on Form NDAR-1
and three (3) copies of all influent and effluent monitoring data (as specified in condition Ill 3 and III 4)
on Form NDMR-1 shall be submitted on or before the last day of the following month. All information
shall be submitted to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
6. An annual soil scientist evaluation shall be conducted on the irrigation sites. The first of the annual
evaluations shall be conducted one year after first use of the irrigation sites. The evaluation shall be
conducted by a NC licensed soil scientist and shall include an narrative evaluation of the current condition
of the irrigation sites, the appropriateness of continued use of the sites, and a re-evaluation of the loading
rates as stated in this permit. The evaluation shall be submitted to the Non -Discharge Permitting Unit,
Division of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617 and the Water Quality
Supervisor, Winston-Salem Regional Office, 585 Washington St, Winston-Salem, NC 27107.
4
IV.
A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted on each spray
field and the results maintained on file by the Permittee for a minimum of five years. The Standard r
Fertility Analysis shall include, but is not necessarily limited to, the following parameters:
Acidity
Calcium
Copper
Magnesium
Cation Exchange Capacity
S. Noncompliance Notification:
Manganese
Percent Humic Matter
pH
Exchangeable Sodium Percentage
Base Saturation (by calculation)
Potassium
Sodium
Zinc
Phosphorus
The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone number (336)
771-4600, 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 wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a sludge digester; the known passage of a slug of hazardous substance through the facility;
or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a .by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station or facility.
d. Any time that self -monitoring information indicates that the facility has gone out of compliance with
its permit Iimitations.
Persons reporting such occurrences by telephone shall also file a written report in letter form within five
(5) days following first knowledge of the occurrence. This report must outline the actions taken or
proposed to be taken to ensure that the problem does not recur.
GROUNDWATER REQUIREMENTS
The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L,
Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system
constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area, or
(2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance
of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate
remediation action in addition to the penalty provisions applicable under General Statute 143-
215.6A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems
midway between the Compliance Boundary and the perimeter of the waste disposal area. Anyexceedance
of standards at the Review Boundary shall require remediation action on the part of the permittee.
2. Any additional C.
groundwater quality monitoring, as deemed necessary by the Division, shall be provided.
The Iagoon shall have either a liner of natural material at least one (1) foot in thickness and having a
hydraulic conductivity of no greater than I x 10"6 centimeters per second when compacted, or a synthetic
liner of sufficient thickness to exhibit structural integrity and an effective hydraulic conductivity no greater
than that of the natural material liner, according to 15A NCAC 2H .0219(f).
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of
wastes to the environment, a threat to human health, or a nuisance. ThePennittee shall keep an inspection
log or summary including at least the date and time of inspection, observations made, and any
maintenance, repairs, or corrective actions taken by the Permittee. This log, of inspections shall be
maintained by the Permittee for a period of three years from the date of the inspection and shall be made
available upon request to the Division or other permitting authority.
Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the disposal site or facility at
any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any
records that must be maintained under the terms and conditions of this permit, and may obtain samples of
groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of
this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the application
and other supporting data.
3. Any future requests for a modified flow allocation for this facility will be submitted in accordance with
15A NCAC 2H .0219(1)(3). Quarterly water use meter readings will not be sufficient to meet the
requirement of twelve (12) consecutive monthly total water consumption readings as stated in 15A NCAC
2H .0219(1)(3).
4. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there
is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied
by an application fee, documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of this request will be considered on its merits and may or may not be
approved.
Failure to abide by the conditions and limitations contained in this permit may subject thePermittee to an
enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-
215.6C.
M.
6. 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 government agencies (local, state, and fede- `1
which have jurisdiction, including but not limited to applicable river buffer rules in 15A NCAC 2B .0_ ,
erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the Division's General
Permit NCG0100000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 2H
.0500.
7. A set of approved plans and specifications for the subject project must be retained by thePermittee for the
life of the project.
The annual administering and compliance fee must be paid by the Permittee within thirty (30) days after
being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to
revoke this permit as specified by 15A NCAC 2H .0205 (c)(4).
9. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension.
Upon receipt of the request, the Commission will review the adequacy of the facilities described therein,
and if warranted, will extend the permit for such period of time and under such conditions and limitations
as it may deem appropriate.
Permit issued this the 2"d of November, 2001
NORTI✓YC/AROLTNA £afVIRONMENTAL MANAGEMENT COMMISSION
f Gregory F. Thorpe, Ph.D., Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0019755
7
Permit No. WQ0019755
November 2, 2001
ENGINEER'S CERTIFICATION
Partial Final
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,
Project Name
Location and County
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of this permit,
the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.