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HomeMy WebLinkAboutWQ0037315_Final Permit_20190607ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER NORTH CAROLINA Director Environmental Quality June 7, 2019 DESI W. GULLEY — VICE PRESIDENT OPERATIONS MANAGER INGENCO RENEWABLE DEVELOPMENT, LLC 2250 DABNEY ROAD RICHMOND, VIRGINIA 23 23 0 Subject: Permit No. WQ0037315 IRD Wake Power Plant Reclaimed Water Conjunctive Utilization System Wake County Dear Mr. Gulley: In accordance with your permit renewal request received March 19, 2019, we are forwarding herewith Permit No. WQ0037315 dated June 7, 2019, to Ingenco Renewable Development, LLC for the continued operation of the subject reclaimed water conjunctive utilization facilities. Please note that this renewed permit shall become effective on November 1, 2019 (i.e., the day after the expiration date of the existing permit). This permit shall be effective from November 1, 2019 through June 30, 2025, shall void Permit No. WQ0037315 issued October 30, 2014, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than January 1, 2025. Please pay attention to the monitoring requirements listed Attachment 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. The Division has removed the following permit conditions since the last permit issuance dated October 30, 2014: ➢ Old Condition 1. 1. — The Engineer's Certification for this facility was completed on July 21, 2015. ➢ Old Condition 1.2. — The facility has been constructed and is in operation. ➢ Old Condition 11.3. — The reclaimed water distribution line at this facility has been constructed and is in operation. ➢ Old Condition III.4. — The requirements of this condition are incorporated elsewhere in the permit. ➢ Old Condition II1.6. — This condition has been removed. ➢ Old Condition VI.2. — This permit is not voidable. E:> North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA � �e.im uwro � 919.707.9000 Mr. Desi W. Gulley June 7, 2019 Page 2 of 3 The following permit conditions are new since the last permit issuance dated October 30, 2014: ➢ Condition II.4. — States that the conjunctive utilization of reclaimed water permitted herein in no way negates, precludes, or invalidates Permit No. WQ0032289. ➢ Condition 11.16. — States that the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Wake County Register of Deeds an easement running with the land. ➢ Condition 1II.3. - States that 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. ➢ Condition 111.5. — Requires public access to reclaimed water utilization sites to be controlled during active site use. ➢ Condition 111.6. — Requires a protective vegetative cover to be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). ➢ Condition 1II.7. — Requires metering equipment to be tested and calibrated annually. ➢ Condition 1I1.9. — Requires the Permittee to develop and implement an education program to inform users and its employees about the proper use of reclaimed water. ➢ Condition VI.3. — States that 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. ➢ Condition VI.7. — Requires the Permittee to maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. ➢ Condition VIX — States that this permit is subject to revocation or modification upon 60-day notice from the Division Director if certain conditions are met. ➢ Condition VI.9. — States that unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if certain conditions are met. ➢ Condition VI.10. — States that this permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. Mr. Desi W. Gulley June 7, 2019 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. Otherwise, this permit shall be final and binding. If you need additional information concerning this permit, please contact Ashley Kabat at (919) 707-3658 orashley.kabata--ncdenr.gov. Sincerely, ;?Lmda Culpepper, Director 0 Division of Water Resources cc: Wake County Health Department (Electronic Copy) Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy) Cory Larsen — Wake County Department of Environmental Services (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER CONJUNCTIVE UTILIZATION 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 Ingenco Renewable Development, LLC Wake County FOR THE continued operation of a 30,000 gallon per day (GPD) reclaimed water conjunctive utilization facility consisting of: cooling towers; 6,200 feet of reclaimed water distribution line; and all associated piping, valves, controls, and appurtenances to serve the IRD Wake Power Plant, with no discharge of wastes to surface waters, pursuant to the application received March 19, 2019, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from November 1, 2019 through June 30, 2025, shall void Permit No. WQ0037315 issued October 30, 2014, 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 January 1, 2025. [15A NCAC 02T .0105(b), 02T .0109] H. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject reclaimed water 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, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement reclaimed water utilization facilities, or cessation of reclaimed water utilization activities. [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. Reclaimed water shall only be utilized at the sites and for the activities specified in Attachment B. [15A NCAC 02U .0401(g)] WQ0037315 Version 2.0 Shell Version 190313 Page 1 of 7 4. The conjunctive utilization of reclaimed water permitted herein in no way negates, precludes, or invalidates Permit No. WQ0032289. [15A NCAC 02T .0108(b)(1)(A)] 5. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)] 6. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped, or otherwise marked to identify the source of the water as being reclaimed water as follows: a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less; b. Identification tape shall be at least three inches wide and have white or black lettering on purple (Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe; and c. Existing underground distribution systems retrofitted for the purpose of conveying reclaimed water shall be taped or otherwise identified as noted IV.5.a. and IV.S.b. This identification need not extend the entire length of the distribution system but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. [15A NCAC 02U .0403(c)] 7. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U .0403(d)] 8. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -potable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and labeled as non -potable water. [15A NCAC 02U .0403(e)] 9. There shall be no direct cross -connections between the reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403 (f)] 10. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below any water line if practicable. If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U .0403(g), 02U .0403(h)] 11. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)] 12. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with 15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)] 13. Reclaimed water utilization permitted on or after September 1, 2006 have compliance and review boundaries established at the utilization area boundaries. 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 Attachment B. 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, 02T .0105(h), 02U .0501(a)(6), G.S. 143-215.1(i), G.S. 143-215.1(k)] WQ0037315 Version 2.0 Shell Version 190313 Page 2 of 7 14. 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)] 15. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 16. 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 Wake County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(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. [ 15A NCAC 02L .0107(f)] 17. The facilities herein were permitted per the following setbacks: a. The reclaimed water utilization sites were originally permitted October 30, 2014. The setbacks for utilization sites originally permitted or modified from June 18, 2011 to August 31, 2018 are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters not classified SA: 25 iii. Each well with exception of monitoring wells: 100 [15ANCAC 02U .0701(c)] III. OPERATION AND MAINTENANCE RE UII2EMENTS 1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02U .0101] The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in detail to show what operations are necessary for the system to function and by whom the operations are to be conducted; b. A description of 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; and e. A map of all reclaimed water distribution lines. [15A NCAC 02U .0801(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification ofthe 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] WQ0037315 Version 2.0 Shell Version 190313 Page 3 of 7 4. Only reclaimed water generated from the Utley Creek WWTP (Permit No. WQ0032289) shall be utilized at the sites and for the activities specified in Attachment B. [15A NCAC 02U .0101] Public access to reclaimed water utilization sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. [15A NCAC 02U .0501(a)(2)] A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02U .0801(g)] 7. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)] 8. The Permittee shall provide notification to the public and its employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. [15A NCAC 02U .0501(a)(2)] 9. The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. [15A NCAC 02U .0501(a)(4)] IV. MONITORING AND REPORTING REQUIREMENTS 1. 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. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Visual observations of the site; c. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.); and d. Record of all discharges of reclaimed water to surface waters or the land surface, including the date of occurrence, estimated volume, and corrective action taken. [15A NCAC 02U .0801(h)] WQ0037315 Version 2.0 Shell Version 190313 Page 4 of 7 4. Noncompliance Notification: The Permittee shall report to the Raleigh Regional Office, telephone number (919) 791-4200, within 24 hours of first knowledge of the following: a. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance with Condition N.3.d. but do not require Regional Office notification. b. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. c. Discharge from the utilization sites. d. Any failure rendering the reclaimed water distribution facilities incapable of adequately conveying the reclaimed water (e.g., mechanical or electrical failures, line blockages or breaks, etc.). 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 Raleigh 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 reclaimed water utilization facilities. [15A NCAC 02U .0801(i)] 2. The Permittee shall inspect the reclaimed water utilization 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 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 reclaimed water utilization 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)] WQ0037315 Version 2.0 Shell Version 190313 Page 5 of 7 VI. 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 Permittee 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 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 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] WQ0037315 Version 2.0 Shell Version 190313 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 Pennittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be prosecuted under G.S. 143-215.613, 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 71 day of June 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Linda Culpepper, Director Division of Water Resources By Authority of the Environmental M ment Commission Permit Number WQ0037315 WQ0037315 Version 2.0 Shell Version 190313 Page 7 of 7 O N Q z 0 w c 0 b 0 a � o a o 40, o ^: o° on � a � °O o 40, N 'b O Q O N Q N � M O O a E � Ij cm sf G6��8 i39 Ag 16fit I B��ff �I lime. e ff0e�ae� t �e@ff cuff Rhff�a�` six, am,-W,l�ff �?e H29 AA It -- -• .- I H ��y .71 �e Z ao LI8 o� � g S2W Z _ o U 5K094798PG00842 . Fx 4,1A A 7Ana+WleuN67AnoR� LEASE AREA EXHIBIT brJxllp 1 RAXAM L comas o 100 4f0 400 iq�oPROPOSED GAS TO ENERGY FACKM wi'r,,, ova.xcmu SOUTH WAKE LANDFILL SCALE: 1' • 209 dNWOU HOLLY SPRINGS - WAKE COUNTY - NC SURVEY NOTES: IITHE PURPOSE OF TM E7D W MAP M TD 3"OWA PROPOSED LEA3E ARMAT SWIN WAKE IANDFEL AS IT RELATER TOA KWORIO PROPERTY LNE. 71 ALL OEARNoe. DISTANCES ALiD COOMANATEB SHOWN HEREON ARE SAVED UPON T}IE NOR7HW1plRL48TATEPIANE COORDWATE SYSTEM, HAD 0=3200TL PER ON SURVEY PERFORMED BY TAYLOR WISEVAN f ZKYLOR ON AMOUR 2f, 2011, USNOTHE NCASVRBREIWORR !)ALL MFAaUREMENT8 fNO1 HEREON ARE REPORTED N UAL NIRVEY FEET(UAOSS NOTttl OME1M1>E) 4)ALL AREAS MOWN ARE CALCULATED BY THE COORDNIATE METNOR a)PROPER►Y LNW SHOWN HEREON(BWWEYWAND NON a RVEYEO)AREREFERENCED SURVEY ENR]LED'OOUNDARY BUINEY OF FELTOHSVRIE LANDFILL FOR COUNTY OF WAKE', BY M010M A CREED, DATED JULY20 M (SHEET 2OF 21 SURVEY EMM)'80UNOARY WIMY OF SOUTH WAKe. FELTONSVLLE LANDFLLS. FIRM RANGE AND ADJOKNDCOUNTY PROPERTNS FOR OOUNYY OF WAKE•. BY MO N 4 CREED, DATED JILLY 2002 (SHEET ] of 31 fl ALL WAN AREACORNERSARIE LdUT10Lo Ph LVT REED{ yATM CAP. 1A. om" fOfAQO NIF WAKE COLRITY PIN 80740.114002 DEED BOOK 4218 PAGE 612 I ACOS 6ti7148.FrAMW 'A=. 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