HomeMy WebLinkAboutWQ0000221_Final Permit_20200211ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
February 11, 2020
STEPHANE A. JEAN — PLANT MANAGER
ARDAGH GLASS INC.
620 FACET ROAD
HENDERSON, NORTH CAROLINA 27537-5479
Subject: Permit No. WQ0000221
Ardagh Glass — Henderson CLRS
Closed -Loop Recycle System
Vance County
Dear Mr. Jean:
In accordance with your permit renewal request received November 25, 2019, we are forwarding
herewith Permit No. WQ0000221 dated February 11, 2020, to Ardagh Glass Inc. for the continued operation
of the subject wastewater treatment and closed -loop recycle facilities. Please note that this renewed permit
shall become effective on June 1, 2020 (i.e., the day after the expiration date of the existing permit).
This permit shall be effective from June 1, 2020 through April 30, 2026, shall void Permit No.
WQ0000221 issued January 28, 2015, and shall be subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than November 1, 2025.
Please pay attention to the monitoring requirements listed in Section IV 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
January 28, 2015:
➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable.
The following permit conditions are new since the last permit issuance dated January 28,
2015:
➢ Condition 1. 1. — Within 30 days of abandonment, a Well Abandonment Record (Form GW-30)
shall be completed for each well abandoned, and mailed to the Division of Water Resources,
Non -Discharge Branch. A North Carolina Certified Well Contractor shall abandon the
monitoring wells according to the North Carolina Well Construction Standards (15A NCAC
02C .0113) and local county rules.
CAM� � IE
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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
919.707,9000
Mr. Stephane A. Jean
February 11, 2020
Page 2 of 2
➢ Condition II.3. — The facilities permitted herein have no setbacks. The original permit (Permit
No. 6566R) 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.
➢ Condition III.11. — Metering equipment shall be tested and calibrated annually.
➢ Condition IVA. — 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
visual observations of the plant and plant site; and a record of preventative maintenance (e.g.,
changing of equipment, adjustments, testing, inspections and cleanings, etc.).
➢ 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 poonam.giri&ncdenr.gov.
Sincerely,
--- 76Z4--f�' 1
Daniel Smith, Director
Division of Water Resources
cc: Vance County Health Department (Electronic Copy)
Raleigh 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
Ardagh Glass Inc.
Vance County
FOR THE
continued operation of a 252,000 gallon per day (GPD) wastewater treatment and closed -loop recycle
facility consisting of -
two dirty water recovery wells each with dual 175 gallon per minute (GPM) recovery pumps; a dirty water
recovery pit with three 175 GPM recovery pumps; a 29,922 gallon recycled water reservoir with high and
low water alarms; an oil skimmer; a 1,000 gallon oil holding tank; dual 175 GPM clean water supply pumps
(with an additional back-up pump); and all associated piping, valves, controls, and appurtenances
to serve the Ardagh Glass — Henderson CLRS, with no discharge of wastes to surface waters, pursuant to
the application received November 25, 2019, and in conformity with the Division -approved plans and
specifications considered a part of this permit. .
This permit shall be effective from June 1, 2020 through April 30, 2026, shall void Permit No. WQ0000221
issued January 28, 2015, and shall be subject to the following conditions and limitations:
I. SCHEDULES
Within 30 days of abandonment, a Well Abandonment Record (Form GW-30) shall be completed for
each well abandoned, and mailed to the Division of Water Resources, Non -Discharge Branch, 1617
Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reports(a�ncdenr.gov. A North
Carolina Certified Well Contractor shall abandon the monitoring wells according to the North Carolina
Well Construction Standards (15A NCAC 02C .0113) and local county rules. [15A NCAC 02C .0113,
02T .0108(b)(1)(B)]
2. The Permittee shall request renewal of this permit on Division -approved forms no later than November
1, 2025. [15A NCAC 02T .0105(b), 02T .0109]
WQ0000221 Version 4.0 Shell Version 200201 Page 1 of 5
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)]
3. The facilities permitted herein have no setbacks. The original permit (Permit No. 6566R) 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]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as anon -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].
The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .0108(b)(1)(A)]
7. 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)]
8. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)]
WQ0000221 Version 4.0 Shell Version 200201 Page 2 of 5
W. 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. 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)]
4. 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.).
[15ANCAC 02U .0801(h)]
5. 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. 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 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)]
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fv
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)]
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(0)]
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)]
WQ0000221 Version 4.0 Shell Version 200201 Page 4 of 5
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]
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. 143-215.613, 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 111 day of February 2020
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Man. - lent Commission
Permit Number WQ0000221
WQ0000221 Version 4.0 Shell Version 200201 Page 5 of 5
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