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Home My WebLink AboutNC0007609_Modification_20191002 ROY COOPER Governor 1 --At:1i MICHAEL S. REGAN Secretary ` LINDA CULPEPPER �. Director NORTH CAROLINA October 2,2019 Environmental Quality Garland Christopher Fulcher, President Diamond Shoal Seafood, Inc. P. O. Box 610 Oriental,North Carolina 28571 Subject: NPDES Permit Modification Review of DRAFT NC0007609 Diamond Shoal Seafood,Inc.,Class PCNC 4146 Orchard Creek Road, Oriental,North Carolina Pamlico County Dear Mr.Fulcher: In accord with your request to renew the subject permit(received March 28,2019),the Division of Water Resources(DWR or the Division),hereby transmits a permit draft for your review and comment.Please review carefully to ensure your understanding of the limits and monitoring conditions,and to correct errors,if any. DWR acknowledges your subsequent request to modify this permit to include additional seafood species for future packing and/or processing under Federal Regulations 40 CFR 408.Limits and monitoring requirements are temporally identical to recent permit revisions for your similar facility,Fulcher's Point Pride,Inc. [permit NC0003174],as approved by DWR's Washington Regional Office(WaRO). Please note that future limits and monitoring [other than seafood packing only] are subject to production and may be revised for processing under 40 CFR 408. Concurrent with this notification,the Division will solicit public comment on the draft by publishing a notice in newspapers having circulation in the general Pamlico County area, as required by the NPDES Program.Please provide your written comments,if any,regarding this draft to DENR/DWR/NPDES Program no later November 4,2019(approximately 30 days after receiving this document). We welcome your written comments,but they are not mandatory. Please be reminded that your Waiver of Discharge Monitoring Reports is hereby rescinded as of the new permit effective date,and you must now submit monthly DMRs/eDMRs. In the event of no discharge, you are still required to submit a monthly report stating,"No flow"or"No discharge."Failure to report is a permit violation. The Division understands that Diamond Shoal,after a discharge hiatus is now rebuilt, and you have resumed surface discharge.While records show that sister-facility,Fulcher's Point Pride, is registered for electronic reporting(eDMR),Diamond Shoal is currently not registered.Please register with the eDMR monitoring program prior to the new permit effective date.For further information on eDMRs,registering for eDMR submittal, and obtaining an eDMR user account,please visit DWR's webpage: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr. 1M95 State of North Carolina I Environmental Quality I Water Resources 1611 Mail service Center I Raleigh,North Carolina 27699-1611 919 707 9000 Garland Christopher Fulcher,President Diamond Shoal Seafood,Inc. Draft permit review,October 2019 Pg.2 of 2 DWR understands that you currently restrict operations to Blue Crab rinsing and packing only[no process- contact wastewater]. Should you intend to resume processing of any species [as defined by 40CFR 408],please notify this office and the WaRO so that permit limits and monitoring may be reevaluated and facilities may be inspected,as may be warranted. Following the mandatory 30-day public comment period,the Division will review all pertinent comments on this draft, if any, and take appropriate action prior to issuing a NPDES permit final. If you have questions,please e-mail me [joe.corporon@ncdenr.gov], or call my direct line(919) 707-3617. Respec , h e R. Corp. on. Complian•- and Expedited Permitting Enclosure: NPDES Permit NC0007609 ermit renewal d aft) ec: Lazerfiche WaRO: Robert Tankard;Scott Vinson Chris Fulcher[seafood@fulchersnc.net] Permit NC0007609 WWTP Class PCNC STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) In compliance with the provisions 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 Con trol Act, as amended, , Diamond Shoal Seafood, Inc. is hereby authorized to discharge wastewater from a facility located at Diamond Shoal Seafood, Inc. 4146 Orchard Creek Road, Oriental Pamlico County to receiving waters designated as Gideon Creek within the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective , 2019. This permit and authorization to discharge shall expire at midnight on June 30, 2023. Signed this day 2019. Linda Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 11 Permit NC0007609 WWTP Class PCNC SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility,whether for operation or discharge are hereby revoked, and as of this 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 described herein. Diamond Shoal Seafood, Inc. is hereby authorized to: 1. to continue to operate wastewater treatment facilities f rr seafood pacng and processing; these facilities located at Diamond Shoal Seafood, Inc., 4146 Orchard Creek Road, Oriental, Pamlico County; and 2. having characterized production for speciated process efflueiit(s)via outfalls revised as • Outfall 001 Non-Propess`-Contact Wastewater as seafthd"washing and packing only" and/or boiler blowdown' non procegs-contact cooling water and/or similar wastewaters; • Outfall 002 Crab Processing(Manually Pre essed Blue Crab, 40CFR 408, Subpart B]; • Outfa11003..- Shrimp Processing (Non-Breaded Shrimp Processing[40CFR 408, Subpart L]; • Outfall 004-Fish Processing(Manually Processed Bottom Fish [40CFR 408, Subpart U]; then; 3. discharge from said treatment works via the above outfall(s) as located on the attached map, into Gideon Creek [stream segment 27-141-2], a waterbody currently classified SA, HQW, NSW within subbasin 03-04-10 of the Neuse River Basin. Page 2 of 11 Permit NC0007609 WWTP Class PCNC PART 1 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [NCAC 02B.0400 et seq., 02B.0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge non-process-contact wastewaters as Boiler Blowdown, Cooling Water and Seafood Washing&Packing(only) under designated Outfall 001. Such discharges shall be limited,monitored, and reported 1 by the Permittee as specified below: EFFLUENT EFFLUENT MONITORING REQUIREMENTS CHARACTERISTIC LIMITATIONS [PARAMETER CODES] Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location Z Flow 00050 Monthly Estimate Effluent Oil and Grease 00556 15 mg/L 20 mg/L Monthly Grab Effluent Not<6.8 or> 8.5 pH 00400 Monthly Grab Effluent standard units - Temperature 2(C°) 0000 Monthly Grab Effluent Temperature 2(C°ate 00010 Monthly Grab Upstream 3 Total Suspended Solids C0530 Quarterly Grab Effluent (TSS) (mg/L) Dissolved Oxygen 00300 Quarterly Grab Effluent Footnotes: 1. Beginning on the effective date of this permit,the Permittee shall submit electronic Discharge Monitoring Reports(eDMRs)using the Division's eDMR reporting system [See Special Conditions A. (7.)].If there is no discharge during a given month,the Permittee shall report this outfall as"no flow"or"no discharge"on each monthly DMR/eDMR. 2. Effluent temperature shall at no time exceed 32°C(89.6°F). During the summer months of June, July,and August,effluent shall not cause receiving stream temperature to increase by more than 0.8°C(1.44°F),nor more than 2.2°C (3.96°F)during all other months. 3. Upstream,approximately 100 feet above the outfall,as accessible. Conditions: • The Permittee shall discharge no floating solids or foam visible in other than trace amounts. • For clean-up procedures, see A. Condition(5.)Best Management Practices(BMPs). • For use of biocides, see Special Condition A.(6.). Page 3 of 11 Permit NC0007609 WWTP Class PCNC A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [NCAC 02B.0400 et seq., 02B.0500 et seq.] During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is authorized to discharge wastewater under Outfall 002 designated Manually Processed Blue Crab. Such discharges shall be limited,monitored and reported 1 by the Permittee as specified below: LIMITS MONITORING REQUIREMENTS Effluent Characteristics Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location Flow Monthly Estimate Effluent Total Suspended Solids 4.6 lbs/d 2.25 lbs/d Monthly Grab Effluent Oil and Grease 3.0 lbs/d 9.0 lbs/d Monthly Grab\ Effluent Total Residual Chlorine Monthly Grab Effluent pH(Standard Units) Not<6.8 or>8.5 s.u. Monthly Grab Effluent Total Nitrogen(mg/L) Monitor and Report2 [NO2-N+NO3-N+TI{N] Quarterly Grab Effluent Phosphorus l dii for and Report Quarterly 2 Grab Effluent Footnotes: 1. Beginning on the effective date of this permit,the Permittee shall submit electronic Discharge Monitoring Reports(eDMRs)using DWR's eDMR reporting system [See Special Condition A.(7.)]. If there is no discharge at this outfall during a given month,the Permittee shall report this outfall as "no flow"or"no discharge"on each monthly DMR/eDMR. 2. Quarterly Sampling(if discharging); Calendar Quarter defined as January-March, April-June, July- September,October-December. Conditions: • The Permittee shall discharge no floating solids or foam visible in other than trace amounts. • The Permittee shall apply Best Management Practices(BMPs), see Special Condition(A. (5.). • For the use of biocides, see Special Condition A. (6.). Page 4of11 Permit NC0007609 WWTP Class PCNC A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [NCAC 02B.0400 et seq., 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge designated Outfall 003 for Non-Breaded Shrimp Processing wastewater. Such discharges shall be limited, monitored and reported 1 by the Permittee as specified below: EFFLUENT MONITORING CHARACTERISTIC LIMITS REQUIREMENTS [PARAMETER CODES] Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location Flow (MGD) 50050 Monthly Estimate Effluent Total Suspended Solids(TSS) QD530 237 lbs/d 150 lbs/d Monthly Grab Effluent Oil and Grease 00556 75 lbs/d 54 lbs/d Monthly Grab Effluent pH(standard units) 00400 Not< 6.8 or> 8.5 Monthly Grab Effluent Dissolved Oxygen 00300 Monthly Grab Effluent Total Nitrogen(TN), mg/L C0600 Monitor&Report Quarterly 2 Grab Effluent Total Phosphorus (TP),mg/L C0665 Monitor&Report Quarterly 2 Grab Effluent Footnotes: 1. Beginning on the effective date of this permit,the Permittee shall submit electronic Discharge Monitoring Reports(eDMRs)using DWR's eDMR reporting system [See Special Conditions A. (7.)]. If there is no discharge at this outfall during a given month,the Permittee shall report this outfall as "no flow"or"no discharge"on each monthly DMR/eDMR. 2. Quarterly Sampling(if discharging); Calendar Quarter defined as January-March,April-June,July- September, October-December. Conditions: • The Permittee shall discharge no floating solids or foam visible in other than trace amounts. • The Permittee shall apply Best Management Practices(BMPs), see Special Condition(A. (5.). • For the use of biocides, see Special Condition A. (6.). Page 5 of 11 Permit NC0007609 WWTP Class PCNC A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [NCAC 02B.0400 et seq., 02B.0500 et seq.] Beginning on the effective date of thispermit and lastinguntil expiration, the Permittee is p authorized to discharge designated Outfall 004 for Manually Processed Bottom Fish. Such discharges shall be limited, monitored and reported 1 by the Permittee as specified below: MONITORING EFFLUENT LIMITS CHARACTERISTIC REQUIREMENTS [PARAMETER CODES] Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location Flow(MGD) 50050 Monthly Estimate Effluent Total Suspended Solids(TSS) C0530 9.7 lbs/d 3.8 lbs/d Monthly Grab Effluent Oil and Grease 00556 2.3 lbs/d 10.0 lbs/d Monthly Grab Effluent pH(standard units) 00400 Not<6.8 or> 8.5 Monthly Grab Effluent Dissolved Oxygen 00300 Monthly Grab Effluent Total Nitrogen(TN) (mg/L) C0600 Monitor&Report Quarterly 2 Grab Effluent Total Phosphorus(TP)mg/L C0665 Monitor&Report Quarterly 2 Grab Effluent Footnotes: 1. Beginning on the effective date of this permit,the Permittee shall submit electronic Discharge Monitoring Reports(eDMRs)using DWR's eDMR reporting system [See Special Conditions A. (7.)]. If there is no discharge at this outfall during a given month,the Permittee shall report this outfall as "no flow"or"no discharge"on each monthly DMRIeDMR. 2. Quarterly Sampling(if discharging); Calendar Quarter defined as January-March, April-June,July- September, October-December. Conditions: • The Permittee shall discharge no floating solids or foam visible in other than trace amounts. • The Permittee shall apply Best Management Practices(BMPs), see Special Condition(A. (5.). • For use of biocides, see Special Condition A. (6.). Page 6of11 Permit NC0007609 WWTP Class PCNC A. (5.) SPECIAL OPERATING CONDITIONS - BMPs [G.S. 143-215.66] (a) Best Management Practice (BMP) Requirements: (1) There shall be no discharge of fish parts or floating solids. Discharge shall contain no foam visible in other than trace amounts. (2) Permittee shall direct employees and provide resources to implement, at a minimum, such practices that wastewater volume and wastewater constituents are reduced, as follows: • Dry cleanup shall be performed prior to washdown of the facility; • Personnel shall be instructed to stop water flow through idle equipment; • All process and washdown equipment shall be fitted with high pressure/low volume nozzles; • All on-demand water delivery hoses shall be fitted with automatic shut-off nozzles. (b) Dry Clean-up Requirements: 1) All batter drippings shall be collected in pans under the breading tables; 2) Spilled batter shall be squeegeed off the floor prior to wet cleanup; 3) Permittee shall not allow batter residuals to be discharged to surface waters; all left over batter and solids shall be collected in a container and properly disposed; 4) Where practical, trays shall be placed under machines and conveyor belts to collect particles of breading or other food products; 5) Employees shall be instructed to remove, by hand or other method, leftover breading from sifters and other machines prior to these solids entering the drainage system; 6) Flooring shall be brushed with a stiff broom prior to wet cleanup. Page 7 of 11 Permit NC0007609 WWTP Class PCNC A. (6.) USE OF BIOCIDE [G.S. 143-215, 143-215.1] The Permiee shall use no biocide(s) other than those approved by the Division for this specific discharge. Should the Permittee intend to use a new biocide not previously approved, a request for approval must be submitted to the Division no later than 90 days prior to its intended first use. The Permittee's approval request shall include both an accurately completed Biocide Form 101 and a Material Safety Data Sheet(MSDS) for each proposed biocide. Submit biocide approval requests to: NCDEQ/DWR/ESS Aquatic Toxicology Branch (ATB) 1621 Mail Service Center Raleigh,NC 27699-1621 A. (7.) ELECTRONIC REPORTING- DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports(DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency(EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit(Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D.(6.) Records Retention • Section E.(5.) Monitoring Reports 1. Reporting Requirements (Supersedes Section D.(2.) and Section E.(5.) (a)I Effective December 21,2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation(CROMERR),permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: Page 8of11 Permit NC0007609 WWTP Class PCNC NC DENR/Division of Water Resources/Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh,North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms(MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See"How to Request a Waiver from Electronic Reporting"section below. Regardless of the submission method, the first DMR is due b i the\NO clay of the month following the issuance of the permit or in the case of a new facility, on thq last day of the month following the commencement of discharge. > Starting on December 21,2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act(CWA)Section 316(b)Annual Reports. The permittee may seek an electronic reporting waiver from the Division(see"How to Request a Waiver from Electronic Reporting" section below). 2. Electronic SubmissiOps In accordance with 40 FFR 122.41(1)(9),the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity(EPA or the state authorized by EPA to implement the NPDES program)that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/final- national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule. Electronic submissions must start by the dates listed in the"Reporting Requirements" section above. Page 9 of 11 Permit NC0007609 WWTP Class PCNC 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty(60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time,monitoring data and reports shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.goia ut%divisions/water3.eources/edmr 4. Signatory Requirements [Supplements Se n-B.(11.)(b)au I'Su�ersedes Section B.(11.) (d)J All eDMRs submitted to the permit issuin ,authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position,must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolinas'eDMR sytern,registering for eDMR and obtaining an eDMR user account, please visit the following web;page: ��l http://deq.nc.gov/aboutidisions/water-resourcesiedmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Page 10 of 11 Permit NC0007609 WWTP Class PCNC 5. Records Retention [Supplements Section D. (6.)1 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 11 of 11 ..,c4,. 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Facility State Grid/Quad: G 32 SW/Oriental,NC HUC: 03020202 Location Latitude: 35°05'08" N Longitude: 76°38'05" W not to scale Receiving Stream: Gideon Creek[27-141-2] Drainage Basin: Neuse River Basin NPDES Permit NC0007609 Stream Class: SA;HQW;NSW Sub-Basin: 03-04-10 North Pamlico County