HomeMy WebLinkAboutNC0088935_Permit (Issuance)_20150502ADENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
RECEIVED/NCDENR/DWR
May 2, 2015 MAY 2 7 2015
Thomas Tsiaras, Owner Water Quatity Reglonal
Carolina's Best Seafood, LLC Operadone 8edon
975 Gull Rock Road Washington Reglonal Office
Engelhard, North Carolina 27824
Subject: Issuance of NPDES Permit NCO088935
Carolina's Best Seafood
975 Gull Rock Road, Engelhard
Hyde County
Dear Mr. Tsiaras:
The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject
facility. We issue this permit pursuant to the requirements of North Carolina General Statute 143-215.1
and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated October 15, 2007, or as subsequently amended.
Revised Production. The Division understands from our correspondence with you on January 27s that
you have revised your production since last renewal. You currently estimate Atlantic Oysters at 1,500
lbs/day [Daily Maximum], with a 4- to 5-day weekly production (over a given 30-day period) at
approximately 800 lbs/day [Monthly Average], net weight after shucking. Based on this estimate, the
Division has recalculated your permit limits in accord with federal regulations 40CFR 408.262 [see
Section A. (I.)]. For renewal, we have also updated your facility description and site -location map.
Electronic Discharge Monitoring_ Reports (eDMR) - A New Requirement. According to our letter to you
dated March 14, 2014, you should have registered for electronic Discharge Monitoring Report (eDMR)
eDMR by the deadline January 15, 2015. Failure to register and submit eDMRs [without a granted waver]
subjects you to pending civil penalty assessment [NCGC 143-215.6A (a)(2)].
Please be advised that the Division has implemented an electronic Discharge Monitoring Report (eDMR)
program. Recently proposed EPA regulations require electronic submittal of all DMRs and specify that, if
North Carolina does not establish its own system, Permittees must submit eDMRs directly to EPA. We
have included the details of North Carolina's eDMR program in this permit [see Special Condition A.
(4.)]. For information on cDMRs, registering for eDMR submittal, and obtaining an eDMR user account,
please visit our webpage:
http://portal.nedenr.org/web/wq/admin/bog/ipu/ed .
For information on EPA's proposed NPDES Electronic Reporting Rule, please visit the
following website:
http•//www2 epa gov/com li��roposed-npdes-electronic-reportin -rule.
Carolina's Best Seafood LLC
Apr2015 Issuance NC0088935
If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable, you have the right to an adjudicatory hearing, upon written request submitted
within thirty (30) days after receiving this letter. Your request must take the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes, and you must file it
with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina
27699-6714. unless such a demand is made, this permit shall be final and binding.
This permit isarot transferable -except after notifying the Division of Water Resources. The
Division may modify, or revoke and reissue this permit. Please note that this permit does not
affect your legal obligation to obtain other permits that may be required by the Division of Water
Resources, the Division of Land Resources, the Coastal Area Management Act, or any other
federal or local governments.
If you have questions, or if we can be of further service, please contact Joe R. Corporon, LG at
f.joe.corporon ,ncdenr.gov] or call his direct line (919) 807-6394,
R ect lly, 11
S. Jay Zimmerman, Dir or
Division of Water Resources
Enclosure: NPDES Permit NC0088935 (issuance Final)
hc: Central Files
WaRO, David May, Supervisor
NPDES Program Files
ec: WaRO/SWPS, Attn: Robert Bullock, cc David May
Permit NCO088935
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
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 Control Act, as amended,
Carolina's Best Seafood, LLC
is hereby authorized to discharge wastewater from a facility located at the
Carolina's Best Seafood
975 Gull Rock Road, Engelhard, NC
Hyde County
to receiving waters designated as a UT to Gray Ditch within the Tar -Pamlico River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,
II, and III and IV hereof.
This permit modification shall become effective June 1, 2015.
This permit and the authorization to discharge shall expire at midnight on November 30, 2019.
Signed this day May 2, 2015.
Me)
S. J,a�,Zimmerman, Director
Di ision of Water Resources
By Authority of the Enviromnental Management Commission
Page 1 of 5
Permit NC0088935
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Carolina's Best Seafood, LLC
is hereby authorized to:
1. continue to operate wastewater -treatment facilities, including effluent screens utilized in support of
seafood packing and processing of oysters and blue crab; these facilities operated in accord with
Operating Conditions / Best Management Practices (BMPs) as noted herein [see Section A. (2)],
located at Carolina's Best Seafood, 975 Gull Rock Road Engelhard, in Hyde County; and
2. discharge from said treatment works via Outfall 001, a location specified on the attached map,
into an unnamed tributary (UT) to Gray Ditch [Stream Segment 29-60-4], a waterbody currently
classified SC within subbasin 03-03-08 [HUC: 03020105] of the Tar -Pamlico River Basin:
Page 2 of 5
Permit NC0088935
Part I
A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
. [15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Beginning on the permit effective date and lasting until permit expiration, the Permittee is authorized to
discharge treated wastewater from oyster processing, crab processing and wash -down wastewater via Outfall
001. Such discharge shall be limited, monitored and reported 1 by the Permittee as specified below:
Effluent
Characteristics
_ [PARAMETERS CODES �
Permit Limits,
Monitoring Requirements
Monthly
Average
Daily
Maximum
Measurement
Prequency
Sample
Type
Sample
-
Location 2
Flow
50050
Monthly
Instantaneous
E
BOD 5-Day
QD310
1.51bs/day
3.0 lbs/day
Monthly
Grab
E
Total Suspended Solids
QD530
16.51bs/day
27.4 lbs/day
Monthly
Grab
E
Oil and Grease
00556
1.27 lbs/day
2.18 lbs/day
Monthly
Grab
E
Settleable Solids
00545
20 mg/L
40 mg/L
Monthly
Grab
E
Total Residual Chlorine 3
50060
13 µg/L, 3
Monthly
Grab
E
PH (standard units)
00400
Not <6.8 or> 8.5
Monthly
Grab
E
Footnotes:
1. In accord with the Permit Modification, effective April 1, 2014, the Permittee shall have begun reporting discharge
monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet
application. Failure to meet this requirement [without approved waver] subjects the Permittee to civil penalty
assessment. [See section A. (4)].
2. Sample Location: E = Effluent.
3. Total Residual Chlorine (TRC) — monitor only if chlorine is used to disinfect. The Division will consider compliant all
TRC values reported below 50µg/L. However, the Permittee will continue to report all test results by NC -certified test
methods (including field certified) even if these results fall below 50µg/L.
A. (2.) OPERATING CONDITIONS
[G.S. 143-215, 143 215.1]
Best Management Practice (BMP) Requirements. Failure to implement Best Management Practices constitutes
a permit violation liable to civil penalty assessment. The Permittee shall:
(1) discharge no foam or floating solids as oyster parts, crab parts or seafood offal.
(2) provide resources and instruct employees to minimize water use, reduce
wastewater volume, and minimize waste constituents by implementing the following:
• fit automatic shut-off nozzles on all hoses with on -demand water delivery;
• fit high-pressure / low -volume nozzles to all process and washdown equipment;
• stop water flow through idle equipment.
Page 3 of 5
Permit NC0088935
(3) instruct employees in cleanup practices to minimize solids from entering the
drainage system:
• collect residual solids and place in a container for proper disposal to
prevent discharging to surface waters;
• perform dry cleanup prior to washing down the facility;
• brush the floor with a stiff broom to collect solids prior to wet cleanup.
A. (3.) USE OF BIOCIDE(S)
[G.S. 143-215, 143-215.1]
The Permittee shall use no chromium, zinc or copper additives to the treatment system except as pre -approved
biocidal compounds. The Permittee shall obtain approval from the DWR's Aquatic Toxicology Unit (ATU)
prior to adding any biocidal compound to effluent discharged via Outfall 001. To obtain approval for new
compounds (not previously approved), the Permittee must submit a Biocide Approval Form to the ATU at least
90 days in advance of use.
A. (4.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
specify that, if a state does not establish a system to receive such submittals, then Permittees must submit
DMRs electronically to the Environmental Protection Agency (EPA). The Division intends to adopted and
implement these regulations in 2013.
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.)
• Section D. (6.)
• Section E. (5)
Reporting
Records Retention
Monitoring Reports
1. Reporting [Supersedes Part H, Section D. (2.) and Section E. (5.) (a)l
Beginning no later than January 1, 2015 [except by approved waver], the Permittee shall have begun
reporting 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:
NC DENR / DWR / Information Processing Unit
ATTENTION: Central Files / eDMR
Page 4 of 5
Permit NC0088935
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.
Requests for temporary waivers from the NPDES electronic reporting requirements 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 using eDMR. Temporary waivers shall be valid for
twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to
the Division unless the Permittee re -applies for and is granted a new temporary waiver by the Division.
Information on eDMR and application for a temporary waiver from the NPDES electronic reporting
requirements is found on the following web page:
http://portal.ncdeiir.org/web/wq/admin/bo¢/i u/u edmr
Regardless of the submission method, the first DMR is due on the last day of the month following the
issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
2. Signatory Requirements [Supplements Part II Section B (11) (b) and supersedes Section B (11) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (I I.)(a) or by a duly authorized representative of that person as described in Part II, Section B.
(I 1)(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 Carolina's eDMR
system, registering for eDMR and obtaining an eDMR user account, please visit the following web page:
http•//portal nedenr org/web/wq/admin/bog/i u/n edmr
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 certifi� 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 offines and imprisonment for knowing
violations. "
3. Records Retention [Supplements Part H, Section D. (6.)]
The Permince 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 5 of 5