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HomeMy WebLinkAboutWQ0001861_Final Permit_20191108ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality November 8, 2019 RONALD VAUGHN — SAFETY AND ENVIRONMENTAL MANAGER GREGORY POOLE EQUIPMENT COMPANY POST OFFICE BOX 469 RALEIGH, NORTH CAROLINA 27602 Subject: Permit No. WQ0001861 Gregory Poole — Leland CLRS Closed -Loop Recycle System Brunswick County Dear Mr. Vaughn: In accordance with your permit renewal request received September 18, 2019, we are forwarding herewith Permit No. WQ0001861 dated November 8, 2019, to Gregory Poole Equipment Company for the continued operation of the subject wastewater treatment and closed -loop recycle facilities. This permit shall be effective from the date of issuance through July 31, 2025, shall void Permit No. WQ0001861 issued October 3, 2014, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than February 1, 2025. Please pay attention to the monitoring requirements listed in Section IV and Attachment C 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 condition since the last permit issuance dated October 3, 2014: ➢ Old Condition I. I. — This condition has been removed because a freeboard gauge has been installed in the 0.17 acre clay lined holding pond. ➢ Old Condition I.2. — This condition has been removed because an updated site map was submitted December 17, 2014. ➢ Old Condition I.3. — This condition has been removed because an Operation and Maintenance (O&M) Plan was submitted December 17, 2014. ➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable. North Carolina Department of Environmental Quality I Division of Water Resources D, - E 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROUNQ> A ^� r 919.707.9000 Mr. Ronald Vaughn November 8, 2019 Page 2 of 2 The following permit conditions are new since the last permit issuance dated October 3, 2014: ➢ Condition II1.13. — Metering equipment shall be tested and calibrated annually. ➢ Condition IV.5. — 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. ➢ Condition VI.10. — This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. 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 Poonam Giri at (919) 707-3656 or op onam.girinncdenr.gov. Sincerely, �G 'inda Culpepper, Director U Division of Water Resources cc: Brunswick County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH CLOSED -LOOP RECYCLE 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 Gregory Poole Equipment Company Brunswick County FOR THE continued operation of a 10,000 gallon per day (GPD) wastewater treatment and closed -loop recycle facility consisting of: a cascading settling basin; a concrete drainage pad for staging contaminated soil; a septic tank / grease trap; a pump tank; a 0.17 acre clay lined holding pond; and all associated piping, valves, controls, and appurtenances to serve the Gregory Poole — Leland CLRS, with no discharge of wastes to surface waters, pursuant to the application received September 18, 2019, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from the date of issuance through July 31, 2025, shall void Permit No. WQ0001861 issued October 3, 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 February 1, 2025. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject non -discharge 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 wastewater treatment or recycle facilities. [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)] WQ0001861 Version 4.0 Shell Version 180901 Page 1 of 7 3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Disposal systems permitted prior to December 30, 1983 have a compliance boundary that is either 500 feet from the wastewater irrigation area, or at the property boundary, whichever is closest to the wastewater irrigation area. 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(e), 02L .0107(a), 02T .0105(h), G.S. 143-215.1(i), G.S. 143-215.1(k)] 5. The review boundary is midway between the compliance boundary and the wastewater irrigation area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC 02L .0108] 6. 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)] 7. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). Please note an existing onsite non - potable well was granted a variance to this administrative code during the August 23, 2005 permit issuance. [15A NCAC 02L .0107] 8. 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 Brunswick 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)] 9. The facilities permitted herein have no setbacks. The original permit (Permit No. WQ0001861) pre- dates administrative code 15A NCAC 02H .02190), which was effective October 1, 1987. Since no modifications or expansions have been made to the originally permitted facility, the facility is still covered under the 15A NCAC 02H .0200 rules effective February 1, 1976, which contain no setback requirements. [15A NCAC 02H .0200] WQ0001861 Version 4.0 Shell Version 180901 Page 2 of 7 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02U .0101] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02U .0801(a)] 3. 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. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. The Permittee shall prohibit public access to the wastewater treatment, storage, and closed -loop recycle facilities. [15A NCAC 02U .0404(b)(1)] 5. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [ 15A NCAC 02U .0802, 02T A 100]. 6. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .0108(b)(1)(A)] 7. Freeboard in the 0.17 acre clay lined holding pond shall not be less than two feet at anytime. [15A NCAC 02U .0404(c)(6)] 8. A gauge to monitor waste levels in the 0.17 acre clay lined holding 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. [15A NCAC 02U .0801(f)] 9. 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)] 10. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)] 11. Soil and grit removed from the settling basin shall be contained and disposed of pursuant to applicable regulations. There shall be no stockpiling of any material on the site, including contaminated soils (except for temporary staging). [15A NCAC 02T .0108(b)(1)(A)] 12. Machinery from sanitary landfills, chemical stockpiles sites, or similar sites shall be washed free of contaminants prior to transport to Gregory Poole —Leland CLRS. [15A NCAC 02T .0108(b)(1)(A)] 13. The existing domesti c WQ0001861 Version 4.0 Shell Version 180901 Page 3 of 7 IV. MONITORING AND REPORTING REQUIREMENTS 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. Freeboard (i.e., waste level to the lowest embankment elevation) in the clay lined holding pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 4. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. 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. [15A NCAC 02U .0802(b)] 5. 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. Visual observations of the plant and plant site; and b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02U .0801(h)] 6. Monitoring wells MW-2, MW-3, and MW-4 shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. 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 [15A NCAC 02T .0105(m)] WQ0001861 Version 4.0 Shell Version 180901 Page 4 of 7 8. Noncompliance Notification: The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. 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 Wilmington 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 wastewater treatment and recycle facilities. [15A NCAC 02U .0801(i)] 2. The Permittee shall inspect the wastewater treatment and recycle 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 wastewater treatment and recycle 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)] WQ0001861 Version 4.0 Shell Version 180901 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 02T; 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] WQ0001861 Version 4.0 Shell Version 180901 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 Permittee 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. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate ofthe 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 8' day of November 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Fmda Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0001861 WQ0001861 Version 4.0 Shell Version 180901 Page 7 of 7 THIS PAGE BLANK E5 i __ w w 0 0 h V1 M 03 O U i-. CC CIO O �r CC3 0 0 a w N 41 0 d sz oo U 0cd 0 ¢ O w A •p"' OO cd O ✓' 7:1 M M M M M�Cd Fly ; +S""'••' � � O U U F. •O +..� 0 U A c y., in 4. 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