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HomeMy WebLinkAboutNCG510144_Regional Office Physical File Scan Up To 6/3/2020 V ti 1. NCDENR I JAN NaturaliRe - 4 2010 North Carolina Department of Environment and La @s Division of Water Quality r= f J Beverly Eaves Perdue Coleen H.Sullins to �I[H c.�ni ITv�le �Aen Governor Director ore December December 30,2009 CERTIFIED MAIL 7009-1680-0002-2464-5695 RETURN RECEIPT REQUESTED David Gips _ M D Ledbetter Oil Company Inc. - 2407 Wolfe Ridge Road Charlotte, NC 28210 - SUBJECT: FINAL NOTICE-Delinquent Annual Fee NPDES Permit NCG510086 (07-08-09) NPDES Permit NCG510138 (07-09) NPDES Permit NCG510144'(07-08-09) NPDES Permit NCG510154 (07-08-09) NPDES Permit NCG510268 (09) Dear Mr.Gipe This letter is being sent out to facilities that have not yet paid their Annual Compliance Monitoring Fee. This fee requirement is documented in your current permit in Part It.B. 14. Your total annual fees owed,for the five(5)permitted facilities referenced above,is 1120.00 .Copies of each invoice for each permitted facility previously sent by the Division's Budget Office are attached. Failure to pay the annual fee is grounds for revocation of your permit,as documented in part Il. B. 13 and II.B. 14. This matter must be promptly resolved.You will not receive any additional late payment fee request correspondence. This letter serves as final notice that the Division will refer the fee noted above to the North Carolina Attorney General's Office for collection through the courts unless payment in the amount of$ 1120.00 is received by January 30,2010. Additional actions to revoke your operating permits will be initiated as well as referral for collection. Make checks payable to NC DENR;include the permit numbers and invoice numbers on the check. Send the fee payment to: Mrs. Fran McPherson Annual Administering and Compliance Fee Coordinator(919-807-6321) 1617 Mail Service Center Raleigh, NC 27699-1617 (919-807-6321) If you have evidence that the fee has already been paid, please contact me at 919-807-6387 or bob auerraf tircdem.aov. Sincerely,, Bob Guerra,Western NPDES Unit Enclosure: Invoice#2007PR003862,2008PR003830,2009PR003703,2007PR003872,2009PR003713,2007PR003875, 2008PR003843,2009PR003716,2007PR003878,2008PR003846,2009PR003719,and 2009PR003736 cc: Central Files - NPDES File ',Roger Edwards,Asheville Regional Office,Surface Water Protection 1619 Mail Service Center,Releigh,NAM caralina 2lfi99-161] Facalion:512 N.Salisbury Sl.Raleigh,Ni Carolina 27604 One i,/� Phone.919 9076387 i FAX:919 807-64951 Customer Service:1-877-52MT48 ly Qy rriCarolina Internet:www.ncwale-qualill J�/� )� An Equal Oppohuniryl APumaWe Anion Emnloyer Naturally NORTH CARLINA DEPARTMENT ENVIRONMENT AND NATURAL RESOURCES 2 0 0 7 P R 0 0 3 8 7 5 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period,regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a$10,000 per day fine. If the permit is revoked and you later decide a permit is needed,you must reapply,with the understanding the permit request may be denied due to changes in environmental,regulatory,or modeling conditions. Permit Nambcr: NCG510144 Annual Fee Period: 2007-03-01 to 2008-02-28 Mitchell County Rainbow Pantry#4 Invoice Date: 04/17/07 Due Date: 05/17/07 David Gipe Annual Fee: $80.00 M D Ledbetter Oil Company Inc 2407 Wolfe Rug Rd Charlotte,NC 28210 Notes: L A$25.00 processing fee will be charged for resumed checks in accordance with the North Carolina General Statute 25-3-512. 2. Non-Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR-Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 4. Should you have any questions regarding this invoice,please contact the Annual Administenag and Compliance Fee Coordinator at 919-807-6321. _ (Return This Portion With Check) ANNUAL PERMIT INVOICE 2 0 IO I7 IP IR 0 I0I3 8 7 5 Overdue Permit Number: NCG510144 Annual Fee Period: 2007-03-01 to 2008-02-28 Mitchell County Rainbow Pantry hit Invoice Dale: 04/17/07 Due Date: 05/17/07 Annual Fee: $80.00 David Gilts M D Ledbetter Oil Company Inc Check Number: 2407 Wolfe Rog Rd Charlotte,NC 28210 NORTH CALINA DEPARTMENT OF ENV RONMEN AND NATURAL RESOURCES III III III 2 0 0 8 P R 0 0 3 6 4 3 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Cade. It covers the administrative casts associated with your permit. It is required of any person holding a permit for any time during the annual fee periods regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a$10,000 per day fne. If the permit is revoked and you later decide a permit is needed,you must reapply,with the understanding the permit request may be denied due to changes in environmental,regulatory,or modeling.conditions. Permit Number: NCG510144 Annual Fee Period: 2006.08.01 to 2009.02-28 Mitchell County Rainbow Pantry#4 Invoice Date: 04/22/08 Due Date: 05/22/08 David Gipe Annual Fee: $100.00 M D Ledbetter Oil Company Inc 2407 Wolfe Rug Rd Charlotte,NC 28210 Notes: 1. A$25.00 processing fee will be charged forretumed checks in accordance with the North Carolina General Statute 25-3-512. 2. Non-Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR-Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 4. Should you have any questions regarding this invoice,please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6321. _ (Return This Portion With Check) ANNUAL PERMIT INVOICE I I III II 2 0 0 8 P R 0 0 3 8 4 3 Overdue Permit Number: NCG510144 Annual Fee Period: 2008-03-01 to 2009-02-28 Mitchell County Rainbow Pantry#4 Invoice Date: 04/22/08 Due Date: 05/22/08 Annual Fee: $100.00 David Gipe M D Ledbetter Oil Company Inc Check Number: 2407 Wolfe Rog Rd Charlotte,NC 28210 NORTH CARLINA DEPARTMENT ENVIRONMENT AND NATURAL RESOUORCES I I I I I I I I II 2 0 0 9 P R 0 0 3 7 1 6 INVOICE Annual Permit Fee Overdue This annual fee is required by the North Carolina Administrative Code. It covers the administrative costs associated with your permit. It is required of any person holding a permit for any time during the annual fee period,regardless of the facility's operating status. Failure to pay the fee by the due date will subject the permit to revocation. Operating without a valid permit is a violation and is subject to a$10,000 per day fine. If the permit is revoked and you later decide a permit is needed,you must reapply,with the understanding the permit request may be denied due to changes in environmental,regulatory,or modeling conditions. Permit Number: NGG510144 Annual Fee Period: 2009-03-01 to 2010-02-28 Mitchell County Rainbow Pantry p4 Invoice Date: 04/21/09 Due Date: 05/21/09 David Gipe Annual Fee: $100.00 M D Ledbetter Of Company Inc 2407 Wolfe Frig Rd Charlotte,NC 28210 Notes: 1. A$25.00 processing fee will be charged for returned checks in accordance with the North Carolina General Statute 25-3-512. 2. Non-Payment of this fee by the payment due date will initiate the permit revocation process. 3. Remit payment to: NCDENR-Division of Water Quality 1617 Mail Service Center Raleigh,NC 27699-1617 4. Should you have any questions regarding this invoice,please contact the Annual Administering and Compliance Fee Coordinator at 919-807-6321. _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Return This Portion With Check) ANNUAL PERMIT INVOICE I I I I I I I I II 2 0 0 9 P R 0 0 3 7 1 6 Overdue Permit Number: NGG510144 Annual Fee Period: 2000,03-01 to 2010-02-28 Mitchell County Rainbow Pantry k4 Invoice Date: 04/21/09 Due Date: 05/21/09 Annual Fee: $100.00 David Gipe M D Ledbetter Oil Company Inc Check Number: 2407 Wolfe Rdg Rd Charlotte, NC 28210 ��: : NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley,Governor William G. Ross,Jr., Secretary Alan W. Klimek,P.E., Director February 10, 2006 David Gape Ledbetter Oil Company 91 Memory Lane Nebo, NC 28761 Subject: NPDES Permit NCG510000 renewal Certificate of Coverage (CoC) NCG510144 Rainbow#4 Mitchell County Dear Permittee: The facility listed above is covered under NPDES permit NCG510000 for discharge of remediated groundwater. NCG510000 expires on September 30, 2006. Federal(40 CFR 122.41) and North Carolina (15A NCAC 2H.0105(e))regulations require that permit renewal applications must be filed at least 180 days prior to expiration of the current permit. If you have already mailed your renewal request,you may disregard this notice. To satisfy this requirement, the Division must receive your renewal request postmarked no later than April 3,2006. Failure to request renewal by this date may result in a civil assessment of at least$500.00. Larger penalties may be assessed depending upon the delinquency of the request. If any discharge from the remediation system will occur after September 30, 2006,your CoC must be renewed. Discharge of wastewater without a valid permit would violate North Carolina General Statute 143- 215.1;unpermitted discharges of wastewater may be assessed civil penalties of up to $25,000 per day. If you have halted remediation activity due to lack of trust fund money,but your site ranking from the Aquifer Protection Section requires future remediation&discharge,your CoC must be renewed. If all discharge has ceased at your facility and you wish to rescind this CoC [or if you have other questions], contact me at the telephone number or e-mail address listed below. Sincerely, yak M✓V /� / Charles H.Weaver,Jr. NPDES Unit cc: CentraFFlles Asheville Regional Office,Surface Water Protection NPDES File 1617 Mall Service Center,Raleigh,Noah Carolina 27699-1617 One 512 Noah Salisbury Street,Raleigh,Noah Carolina 27604 NorthCarohna Phone: 9197335083,extension 511/FAX 919 733-0719 1 charles.weaver@ncmail.nel Naturally atural / An Equal Oppodunity/ARirmative Action Employer-50%Recycled110%Post Consumer Paper !K4 bb{'L{l l4{s`G(� State of North Carole` '"" ' ' " Department of Environment AWLIPM.AA, ,, and Natural Resources �r Division of Water Quality � Michael F. Easley, Governor NCDENR William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND.NATURAL RE900RCE9 1 h W i September 26,2001 I DAVID GIPE �'CI ` 4 2001 LEDBETTER OIL CO/RAINBOW#4 91 MEMORY LN NEBO, NC 28761 Subject: Reissue-NPDES Wastewater Discharge Permit Ledbetter Oil Co/Rainbow,#4 COC Number NCG510144 Mitchell County Dear Permittee: In response to your renewal application for continued coverage under general permit NCG510000,the Division of Water Quality(DWQ)is forwarding herewith the reissued wastewater general permit Certificate of Coverage (COC). This COC is reissued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between the.state of North Carolina and the U.S.Environmental Protection Agency, dated May 9, 1994(or as subsquently amended). The Following information is included with your permit package: a A copy of the Certificate of Coverage for your treatment facility * A copy of General Wastewater Discharge Permit NCG510000 * A copy of a Technical Bulletin for General Wastewater Discharge Permit NCG510000 Your coverage under this general permit is not transferable except after notice to DWQ. The Division may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by DENR or relieve the permittee from responsibility for compliance with any other applicable federal,state,or local law rule,standard,ordinance,order,judgment,or decree. If you have any questions regarding this permit package please contact Bill Mills of the Central Office Stormwater and General Permits Unit at(919)733-5083,ext.548 Sincerely, -& G(�'V &, ,,,ebL for Gregory 1.Thorpe,Ph.D. cc: Central Piles Stormwater&General Permits Unit Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/10%post-consumer paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY I GENERAL PERMIT NO.NCG510000 CERTIFICATE OF COVERAGE No.NCG510144 TO DISCHARGE PETROLEUM CONTAMINATED GROUNDWATER AND SIMILAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, LEDBETTER OIL CO is hereby authorized to construct and operate or continue operation of a groundwater treatment system for petroleum contaminated groundwater or similar waste streams with the discharge of treated wastewater from a facility located at LEDBETTER OIL CO/RAINBOW#4 HWY 19E RAINBOW PLAZA SPRUCE PINE MITCHELL COUNTY to receiving waters designated as a UT of Brushy Fork Creek,a class C Tr stream,in the French Broad River Basin in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts I,II,ID,IV,V, and VI of General Permit No.NCG510000 as attached. This certificate of coverage shall become effective October 1,2001. This Certificate of Coverage shall remain in effect for the duration of the General Permit. 1. Signed this day September 28,2001. I 'I for Gregory J.Thorpe,Acting Director Division of Water Quality By Authority of the Environmental Management Commission �I I I / COWS, '1te of North Carolina E Jpartment of Environment, Health and Natural Resources SEp 3 01933 • IvisiOn of Environmental Management James B. Hunt, Jr., Govemor �® Jonathan B. Howes, Secretary p E H N Ri R. Preston Howard, Jr., P.E., Director RECEIVED September30,1993 N.C. Dept. of EHNR SEP 2 8 1993 WILLIAM LEDBETTER winstOn'-r 1,, LEDBETTER OIL CO./RAINBOW#4 Regloij.i (. ftld6e' 820 EAST COURT STREET MARION NC 28752 Subject: LEDBETTER OIL CO./RAINBOW#4 Certificate of Coverage NCG510144 General Permit NCG510000 Formerly NPDES Permit NC0078280 Mitchell County Dear Permittee: The Division of Environmental Management has recently evaluated all existing individual permits for potential coverage under general permits currently issued by the Division. 15A N.C.A.C.2H .0127 allows the Division to evaluate groups of permits having similar discharge activities for coverage under general permits and issue coverage where the Division finds control of the discharges more appropriate in this manner.The Division has determined that the subject discharge qualifies for such coverage. Therefore,the Division is hereby issuing the subject Certificate of Coverage under the state-NPDES general permit no. NCG510000 which shall void NPDES Permit NC0078280. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the US Environmental Protection Agency Memorandum of Agreement dated December 6,1983 and as subsequently amended. If any parts,measurement frequencies or sampling requirements contained in this general permit are unacceptable to you,you have the right to submit an individual permit application,associated processing fee and letter requesting coverage under an individual permit. Unless such demand is made,this decision shall be final and binding. Please take notice this Certificate of Coverage is not transferable. Part II,EA. addresses the requirements to be followed in case of change of ownership or control of this discharge. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division,such as the construction of additional or replacement wastewater treatment or disposal facilities. Construction of any wastewater treatment facilities will require issuance of an Authorization to Construct from this Division. Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Please note that the general permit does require monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division unless specifically requested, however,the permittee is required to maintain all records for a period of at least three (3) years. Post Office Box 29535,Raleigh,North Carolina 27626-0535 Telephone(919)733-5083 FAX(919)733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled-10%post-consumer paper n n Page:2 WILLIAM LEDBETTER LEDBETTER OIL CO./RAINBOW#4 Certificate of Coverage No. NCG510144 The issuance of this Certificate of Coverage is an administrative action initiated by the Division of Environmental Management and therefore,no fees are due at this time. In accordance with current rules,there are no annual administrative and compliance monitoring fees for coverage under general permits. The only fee you will be responsible for is a renewal fee at the time of renewal. The current permit expires July 31, 1997. This coverage will remain valid through the duration of the attached general permit. The Division will be responsible for the reissuance of the general permit and at such time,you will be notified of the procedures to follow to continue coverage under the reissued permit. Unless you fail to follow the procedures for continued coverage,you will continue to be permitted to discharge in accordance with the attached general permit. The issuance of this Certificate of Coverage does not preclude the Permittee from complying with any and all statutes,rules,regulations,or ordinances which may be required by the Division of Environmental Management or permits required by the Division of Land Resources,the Coastal Area Management Act or any Federal or Local other governmental permit that may be required. If you have any questions or need additional information regarding this matter,please contact either the Asheville Regional Office,Water Quality Section at telephone number 704/251-6208,or a review engineer in the NPDES Group in the Central Office at telephone number 919/733-5083. ncerely, A.Preston How ,Jr.,P.E. cc: Asheville Regional Office Central Files n STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG510000 CERTIFICATE OF COVERAGE No.NCG510144 - TO DISCHARGE TREATED PETROLEUM CONTAMINATED GROUNDWATER AND SIMILIAR WASTEWATERS UNDER THE NATIONAL POLLUNTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, LEDBETTER OIL CO./RAINBOW#4 is hereby authorized to discharge treated petroleum contaminated groundwater from a facility located at LEDBETTER OIL CO./RAINBOW#4 Mitchell County to receiving waters designated as the UT BRUSHY CRK/FRENCH BROAD RVR BASIN in accordance with the effluent hinitations,monitoring requirements,and other conditions set forth in Parts L II, III and IV of General Permit No.NCG510000 as attached. This certificate of coverage shall become effective November 1,1993, This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day, September 30, 1993. Preston Howar , r.,P.E.,Director Division of Environmental Management By Authority of the Environmental Management Commission n n STATE OF NORTH CAROLINA DEPARTMENTDPJ S ION I ENVIRONMENTAL NMENT, HEALTH, M NAGEMENT NATAL RESOURCES 0MXRAI PEB.=NO.N( =5z 1 TO DISCHARGE PETROLEUM CONTAMINATED GROUNDWATER AND SIMILIAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of treated wastewater in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III and IV hereof. This permit shall become effective August 1, 1992 This permit shall expire at midnight on July 31, 1997 r�.� D • J-3/-9Z A. Preston Howard, Jr., P.E., Acting Director Division of Environmental Management By Authority of the Environmental Management Commission PART I A. Effluent Limitations and Monitoring Requirements final NPDES Permit No.NCG510000 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Mechem Limitation Monitoring Reauirements Monthly Average Daily Maximum Measurement Sample_ Sample Fr a' ncy Z31r- Location Flow Weekly Pump or Meter Log Effluent Toluene 11 µel 22 WA Monthly Grab Effluent Benzene 71.4 µo 142.8 µel Monthly Grab Effluent Methyl Tert Butyl Ether Monthly Grab Effluent *Lead 25 µg/l 50 µg/1 Monthly Grab Effluent There shall be no discharge of floating solids or visible foam in other than trace amounts. * The monitoring requirements and discharge limitations shall only apply if leaded petroleum products are the source of the groundwater contamination. Minimum treatment will include an oil/water separator, air stripping or diffused aeration and activated carbon adsorption. Design and Construction of the Waste Treatment Facility will emphasize the use of plastic pipes and fittings when practically possible. Groundwater Remediation j; PART RFCTIONTI SCYMHif F OF CONM TANCE 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 8. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS �\ REMON A. DEE MIT10N8 ]. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 'i 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Permittee Used herein means the entity who obtains coverage under this general permit by subsequent issuance of a "Certificate of Coverage' by the Division of Environmental Management. 5. Act or"the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,33 USC 1251,at.seq. 6. Mass/Day Measurements a. The "monthly average discharge' is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is j identified as "Monthly Average" in Part I of the permit. i b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the Permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. Page 2 of 18 C Part II d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 7, Concentration Measurement bacteria, is the a cum of the e monthly concentrations oncentrations of all concentration," aily discharger es for can�d/orn measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Units' in Part I of the permit. b. The "average weekly concentration;' other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Units"in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Units" in Part I of the permit. d ration," other than for fecal coliform bacteria, is the cum of the concentrations offall daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. Page 3 of 18 Part II e. The "daily average concentration"requireddissolved be available ) is the in the effluennimum t prior allowable amo unt of dissolved oxygen req le is to discharge averaged over a calendar day. If only one dissolved oxygen sample taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part 1. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as"Quarterly Average Limitation" in the text of Part I of the permit. g thrcalenr quarter is ough ned as one of the following distinct periods: January Ma ch, April through June,July through September, and October through December. g. Other Measurements e. it expressed in this permit is the 24 hours average flow, Flow, (MGM The flow lim rmined as the arithmetic mean of the total daily flows averaged monthly. It is date recorded during the calendar month. f flow ken at the time of easure b. sampli gn when both the nre sample and flow 3s a mwill be repres entative of the total discharge. c. di "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. g. Types of Samples a. Composite Sample: A composite sample shall consist of: -il (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or l volume lected ever a 24 hour period th the (2) ta series of grab ime inte intervals shall be ervals between sampless of adeterminedlby a preset number of gallons en the setup lingdetermined by use oPointf a flow recordermeasurand totalizer8 and thepresent gallon interval Flow between sample collection fixed at no greatanter then ]/24 of the expected total daily flow at the treatment system,or (3) a single,continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above,the time interval between influent grab samples shall be no greater than once per hour,and the time interval between effluent grab page 4 of IS n Part II samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such mass, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However,in no case may the time interval between effluent grab samples be greater than six (6)hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Crab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 10. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean,values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 11. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 13. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. S Cyq�XERAi.LCNDEM= I. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. Page 5 of 18 i Part II \ 1 a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards \� for sewage sludge use or disposal established under section 405(d) of the Cl Tad$ if provided in the Water Act within the p regulations that establish these stands or prohibitions, even f the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of$2,500 to$25,000 per day of violation,or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of$5,000 to$50,000 per day of violation, or imprisonment for not more than 3 years,or both. Also,any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41(a)]. c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes§ 143.215.6(A)]. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C.4.) and "Power Failures" (Part II, C.7.), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143-215.6 or Section 309 of the Federal Act,33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 at seq. or Section 311 of the Federal Act,33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. Page 6 of 18 Part II 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the f this to any application the application rovision of s such provision to her circumstances circumstances, h eld and invalid, the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or, to determine compliancewith this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 8. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the permittee must apply for and obtain a new permit. 10. Permit Termination After public notice and opportunity for a hearing, the general permit and Certificates of Coverage issued under this general permit may be terminated for cause. 11. When an Individual Permit may be Required The Division may require any owner authorized to discharge under this permit to apply for and obtain an individual permit. Cases where an individual permit may be required include,but are not limited to,the following: (a) The discharger is a significant contributor of pollution. change altering the (b) charaitions at the octerist cs of theperating di charge suchythat the discharge no longer�que fies forand/oa General Permit. (c) The discharge violates the terms or conditions of this permit. (d) A change has occurred in the availability of demonstrated to the point techsournology gy or practices for the control or abatement of pollutants applicable e. (a) Effluent limitation guidelines are promulgated for the point sources covered by this permit. Page 7 of 18 (1 C- { Part III\ (f) A water quality management plan containing requirements applicable to such \ point sources is approved after the issuance of this permit. _. This permit may be terminated as to an individual owner for any of the reasons set forth above after appropriate notice in accordance with N.C.G.S. 143-215.1. 12. When an Individual Permit may be Requested Any permittee operating under this permit may request to be excluded from the coverage of this permit by applying for an individual permit. When an individual permit is issued to an owner the applicability of this general permit is automatically terminated on the effective date of the individual permit. When e General Permit is issued which applies to an owner already covered by an individual permit, such permittee may request exclusion from the provisions of the Gener al Permit and subsequent coverage under an individual permit. 13. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, _i a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, I respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if. (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized Page 8 of 18 i I I . ' C1, n Part II representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "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." 14. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 15. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, of Federal 2 and 123; Title 16A of the North Carolina Administrative n strat ve Cde, Parts e, Subchap er2H?0100 wand North Carolina General Statute 143.215.1 at. al. SECTION 3"AtN'^^�NA>•7CF OF POi i i1TION CON'ffiOL3 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes,the permittee shall employ a..certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities Such operator musthold a- - certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Page 9 of 18 Part II Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) 'Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it 'i shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass as required in Part I,E e6 of this peerm'sub24 mit notice of n unanticipated hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass,unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; to the (b) There were no t eatment fac liti es, retention of untr feasible alternatives ated wastes sor maintenance during norsuch as the use of mal y Page 10 of 18 i Part II periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse-affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 6. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s)of the upset; (2) The permitted facility was at the time being properly operated;and (8) The permittee submitted notice of the upset as required in Part II,E. 6. (b)(B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Page 11 of 18 Part I1 6, Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal Of sewage sludge.Upon promulgation of 40 CFR Part 503, any permit issued by the ii� reopened and modified, Permit Issuing Authority for the disposal fg requirements at 40 CFR Part e may 503. or revoked and reissued,to incorporate applicable The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated)within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7, Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during generators or rle Power failures either tention of inadequatelyy means of t treated eftluenmate power sources, standby t. _F isi iv s,'^`.,.mvnur- sxO RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples daily shell be taken on a day and time that is collected at a frequency less than characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joinsor is diluted by any other wastestream,body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted j scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be maintained to ensure that the accuracy of the installed, calibrated and measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected h condener cooling water flow wich is discharge volumes. Once-thr°hour meters aes specified in Part I of thish hpermit monitored by pump logs, pump and based on the manufacturer's pump curves shall not be subject to this requirement. 3, Test Procedures f pollutants shall conform to the EMC regulations Test procedures for the analyais o published pursuant to NCGS 143-215.63 at. seq., the Water and Air QuUSC Reporting Acts, and to regulations Published pursuant to Section 304(g), 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below Page 12 of 18 r V C Part II the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level)approved method must be used. 4. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation,or by imprisonment for not more than two years per violation,or by both. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit,for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 6. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 7. Inspection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted,or where records must he kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Page 13 of 18 Part II c. Inspect at reasonable times any facilities, equipment (including monitoring and ` control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. ��p� T F RFyf1RTINC RFp 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes Me irector as soon as f physc al alterationls give notice to the to the permitted facility. possible is required planned edonly when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29(b);or b. The alteration or addition could significantly change es yollutants whi ch aure or increase re quantity of pollutants discharged. This notification app ' t limitations in the permit, nor to notification subject neither to effluen requirements under 40 CFR Part 122.42 (a)(1). g. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to and approval by the.Director. The Director may require modification or revocation and reissuance of the permit and incorporating such other requirements as may be necessary under the Clean Water Act. 5. Twenty-four Hour Reporting a, The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided Page 14 of 18 i1 i Part II within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B) Any upset which exceeds any effluent limitation in the permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 5. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director,it shell promptly submit such facts or information. 7. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: is. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. e. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. Page 15 of 1g t Part II B. Availability of Reports -. Except for data determined to be confidential under NCGS 143-215.3(aH2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shell be made available for public inspection at the offices of the Division of Environmental Management or at the site of the discharge within a reasonable time e side d confidential.al. Knowingly to exceed five (5) days. As em king any false statquired by the Act, effluent data sliall ement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 9. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation,or by both. Ij i Page 16 of 18 . n n PART III i OTHER REQUIREMENTS 1. Previous Permits All previous State water quality permits issued to this facility for this particular discharge, whether for construction or operation or discharge, are hereby revoked by issuance of this permit and subsequent issuance of a Certificate of Coverage. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. 2. Construction No construction of wastewater treatment facilities or additions thereto shall be began until Final Plena and Specifications have been submitted to the Division of Environmental Management and approval has been granted by the Division. Design and operation of facilities and/or treatment works shall be in accordance with the application and supporting information. If facility deficiencies, design and/or operational, are identified in the future which could affect the facility performance or reliability, it is the responsibility of the permittee to correct such deficiencies. 3. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes,the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within five days of any change in the ORC status. 4. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 6. Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302(b) (2)(c), and (d), 304(b) (2), and 307(a) (2) of the Clean Water Act,if the effluent guideline or water quality standard so issued or approved; a. contains different conditions or is otherwise more stringent than any effluent limitation in the permit; except for, if a water quality standard for Dioxin is modified and approved, this permit will be reopened or modified to reflect such changes as provided by 40 CFR 122.62 (c)(3)(i)(B);or b. controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Page 17 of 18 I PART IV ANNUAL ADMDTISTERING AN CoMpLI NCE MONITORING FEE RE D ! 1. The permittee must pay the annual administering and compliance monitoring fee within 80(thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the Certificate of Coverage. 1i I Page 18 of 18 i J � RE:CE! VE0a �\, Water Quality Section •" ' AUG ? 1 1!N0 State of North Carolina Neville Regionni Office Department of Environment,Health and Natural Resourcosheville, North Carolina Division of Environmental Management 512 North Salisbury Street• Raleigh,North Carolina 27611 James G. Martin,Governor George T. Everett,Ph.D. William W. Cobey,Jr., Secretary Director August 14, 1990 Mr.William Ledbetter Ledbetter Oil Company 820 East Court Street Marion,North Carolina 28752 Subject: Permit No. NCO078280 Authorization to Construct Rainbow Pantry No. 4 Wastewater Treatment Facility Mitchell County Dear Mr.Ledbetter: A letter of request for an Authorization to Construct was received June 19, 1990 by the Division and final plans and specifications for the subject project have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of: a 7,200 GPD groundwater recovery and treatment facility consisting of two recovery wells with pneumatic total fluids pumps, a product/water separator tank with a tank full probe,a channeled aeration tank with six channels and 700 cfm blower, a flow meter, a 120 gallon surge tank with transfer pump, two 55 gallon drums in series each having 200 pounds of activated carbon and associated piping, valves and appurtenances; and a soil remediation system consisting of a 50 cfm blower, three vapor recovery wells, an inlet filter/coalescer to remove particulates and moisture from the air stream entering the blower, and associated piping and appurtenances with discharge of treated wastewater into an unnamed tributary to Brushy Creek,classified class C-Trout waters. This Authorization to Construct is issued in accordance with Part III paragraph A of NPDES Permit No. NCO078280 issued June 28, 1990, and shall be subject to revocation unless the wastewater treatment facilities are constructed in accordance with the conditions and limitations specified in Permit No. NC0078280. The sludge and/or recovered product generated from these treatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner approved by the North Carolina Division of Environmental Management. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions,the Permittee shall take immediate corrective action,including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. Pollution Prevention Pays P.O.Be.27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer The Asheville Regional Office, phone no. 704/ 251-6208 shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an in-place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with the NPDES Permit, this Authorization to Construct and the approved plans and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box 27687, Raleigh, NC 27611. The Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge of the wastewater treatment facilities. The operator must hold a certificate of the grade at least equivalent to the classification assigned to the wastewater treatment facilities by the Certification Commission. Within thirty days after the wastewater treatment facilities are 50% complete, the Permittee must submit a letter to the Certification Commission which designates the operator in responsible charge. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the facility. Failure to abide by the requirements contained in this Authorization to Construct may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6. The issuance of this Authorization to Construct does not preclude the Permittee from complying with any and all statutes, rules,regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)which have jurisdiction. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information, please contact Mr. John Seymour, telephone number 919//33-5083. Si erely, rgeAve cc: Mitchell County Health Departmen Asheville Regional Office,, Training and Certification Unit Delta Environmental Consultants,Inc. Permit No. NCO078280 Authorization to Construct August 14, 1990 Eneineers Certification I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe(periodically,weekly,full time) the construction of the project, for the Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Registration No. Date - ; jh\ - � z ww2J. eeee/ \ \ \ \\} /~\\\/§ . \ \ \ „±_�\--\ : 2- + xzz� \ \/ : \ - �) \ \\ \\\ \\ . \ . g«\/ - \ SITE ,�, ((\\ � Bo CIE i Sfax✓ w �`L'�'l � � �, `� �� � \� t'�... 26� J \� \\ r t ^� f✓ �\�_ -•f� �\ -� 1 `% ' � �\ Gam. ]e a - SCALE 124000 o PILE 1 a 0 10 ]a< mz ]aw a0o Bm ow 'En 5 o i .Ilo.lr.Ea CONTOUR INTERVAL 40 FEET f YX ILL. MO ., KENTUCKY � ENNESS,EE` *C FIGURE 2 S]YIU IINIU NISS:' �: ' OA eC TOPOGRAPHIC LOCATION MAP QUADRANGLE LOCATION M. D. LEDBETTER SPRUCE PINE, N.C. SPRUCE PINE, NC N3552.54,(8200.5 PROJECT NO PREPARED H YV �0 50—SP-071 C.W.H. PHOTOREVISED 1978 DATE REVIIE�VVEED H p AN8♦5551XE8ERIE5 VB]H 11-21-89 /✓'✓ ��- Dftta�Kul Le. State of North Carolir, �. Department of Environment and Natural Resources �r Division of Water Quality Michael F. Easley, Governor NCDENR Sherri Evans-Stanton, Acting Secretary Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF ENVIRONMENT ANO NATURAL.RESOURCES 1/19/2001 WILLIAM LEDBETTER If91 ') (Ii fll LEDBETTER OIL CO./RAINBOW#4 P.O.BOX 1538 MARION NC 28752 Subject: NPDES Wastewater Permit Coverage Renewal Ledbetter Oil Co./rainbow#4 COC Number NCG510144 Mitchell County Dear Permittee: Your facility is currently covered for wastewater discharge under General Permit NCG510000. This permit expires on September 30,2001. We are currently in the process of rewriting this permit and are scheduled to have the permit reissued by the summer of 2001. Once the permit is reissued your facility would be eligible for continued coverage under the reissued permit. In order to assure your continued coverage under the general permit,you must apply to the Division of Water Quality(DWQ)for renewal of your permit coverage. To make this renewal process easier,we are informing you in advance that your permit will be expiring. Enclosed you will find a general permit coverage renewal application form. This will serve as your application for renewal of your permit coverage. The application must be completed and returned with the required information by February 28,2001 in order to assure continued coverage under the general permit Failure to request renewal within this time period may result in a civil assessment of at least$250.00. Larger - penalties may be assessed depending on the delinquency of the request. Discharge of stormwater from your facility without coverage under a valid stormwater NPDES permit would constitute a violation of NCGS 143-215.1 and could result in assessments of civil penalties of up to$10,000 per day. If the subject groundwater remediation project has been terminated,please complete the enclosed rescission request form. Mailing instructions are listed on the bottom of the form. You will he notified when the rescission process has been completed. If you have any questions regarding the permit coverage renewal procedures please contact the Asheville Regional Office at 828-251-6208 or Bill Mills of the Central Office Stormwater Unit at(919)733-5083,ext.548 Sincerely, Bradley Bennett,Bennett,Supervisor Stormwater and General Permits Unit cc: Central Files Asheville Regional Office 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919-733-5083 FAX 919-733-9919 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper Michael F.Easley 0 ` Governor pSherri Evens-Stanton,Acting Secretary Department of Environment and Natural Resources Kerr T.Stevens Director—DWO Asheville Regional Once GROUNDWATER SECTION January 26, 2001 Mr. William Ledbetter Ledbetter Oil Company �li JAN Z 9 2001 820 East Court Street Marion,North Carolina 28752 F. Dear Mr. Ledbetter: Subject: Review of Semi-Annual Status Report, January 2001 Rainbow Pantry 44 Groundwater Incident No. 5166 Mitchell County. This letter is to acknowledge receipt on January 16,2001 of the subject status report. The report was submitted by David W. Gips & Associates, P.A and updates the rennediation activities form July 2000 through December 2000. It is noted that the general NPDES Permit expires on February 2001. The permit shall be renewed because as water levels on the site rise, it is likely that contaminant levels will increase which would necessitate activating the remedialion system. The next semiannual report is due in this office by July 31,2001. If you have any comments or questions, please contact me at(,828)251-6208. Sincerely, mat. le U Kay Dechant Llydrogeologist cc: Mike Parker David W. Gipe 04 customer Service Division of Water Quality / Groundwater Section 1 800623-7748 59 Woodfin Place,Asheville,N.C.28801-2414 Phone: (828)251-6208 Fax (828)251-6452 Internet: http://www.gw.ehncslate.nc.us r r varvnna Department of Environmeqq �� Health and Natural Division of Water Quality 5 4 0 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary PAA. Preston Howard, Jr., P.E., Director April 25, 1997 WILLIAM LEDBETTER LEDBETTER OIL CO./RAINBOW#4 MAY 5 1997 P.O.Box 1538 Marion,NC 28752 r 7 � r Subject: Renewal of NPDES Permit No.NCG510144 - Mitchell County Dear Permittee: In accordance with your application for permit renewal,the Division is forwarding the subject NPDES general permit for petroleum contaminated groundwater remediation systems. This General Permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated.December 6,1983 and as subsequently amended. The Certificate of Coverage previously issued to your facility is now valid under the revised General Permit for discharges associated with groundwater remediation systems(NCG510000-issued August 22,1996). The new General Permit is more comprehensive,in that it covers remediation of groundwater contaminated with heavier fuels (such as diesel, fuel oil, and kerosene) as well as gasoline contamination. Please note that the permit has three effluent limitations pages. The type of contamination at your site (gasoline only,heavy fuels only, or gasoline and heavy fuels)will determine the effluent limitations for your discharge. If any parts,measurement frequencies or sampling requirements contained in this permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application. Please take notice that the previously issued Certificate of Coverage is not transferable except after notice to the Division of Water Quality, The Division of Water Quality may require modification or revocation and reissuance of the Certificate of Coverage. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources,the Division of Coastal Management,or any other Federal or Local governmental permit that may be required. - If you have any questions or need additional information, please contact Charles Weaver at telephone number(919) 733-5083,extension 511. Respectfully, A. Preston Howard,Jr.,P.E. cc: Central Files Asheville Regional Office - Permits&Engineering Unit Facility Assessment Unit r n Date : August 2, 1991 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mitchell NPDES Permit No.NC0078280 PART I - GENERAL INFORMATION 1 . Facility and Address: Rainbow Pantry Spruce Pine, North Carolina c/o Ledbetter Oil Company 820 East Court Street Marion, North Carolina 28752 2 . Date of Investigation: July 16, 1991 3 , Report Prepared By: Michael R. Parker Environmental Specialist 4. Persons Contacted and Telephone Number: Sales Clerk at Rainbow Pantry S. Directions to Site: From the intersection of U. S. Highway 19E and NCSR 1160, travel east on U. S. 19E 1 .3 miles. The Rainbow Pantry is located on the left side of U. 5. . 19E. 6. Discharge Point - Latitude: 35 54' 26" Longitude: 82 06' 14" Attached a USGS Map Extract and indicate treatment plant site and discharge point on map. Attached USGS Quad No. or. USGS Quad Name—Spruce Pine_ 7 . Size ( land available for expansion and. upgrading) : NA Groundwater remediation project. 8. Topography (relationship to flood plain included) : Upland away from any stream. 9. Location of nearest dwelling: 150 feet to the west. 200 feet to the south. 10. Receiving stream or affected surface waters : ut to Brushy Creek I a. Classifications: C-trout b. River Basin and Subbasin No. : 04-03-06 C. Describe receiving stream features and pertinent downstream uses: fish and wildlife propagation n n PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: _. _ % Domestic 100 % Industrial a. Volume of Wastewater: 0. 0072 MGD b. Types and quantities of industrial wastewater: 0. 0072 mgd discharge isWWTP treating kerosene contaminated groundwater. C. Prevalent toxic constituents in wastewater.: Benzene, Toluene, Ethyl Benzene and Xylenes. d. Pretreatment Program (POTWs only) in development approved should be required not needed 2 . Production rates (industrial discharges only) in pounds a. highest month in the last 12 months b. highest year in last 5 years 3 . Description of industrial process (for industries only) and applicable CFR Part and Subpart: 4. Type of treatment (specify whether proposed or existing) : It is proposed to continue the operation of two recovery wells with pneumatic total fluids pumps, a product/water separator tank with a tank full probe, a channeled aerati.nn tank with six channels and 700 cfm blower, a flow meter, a 120 gallon surge tank with transfer pump, two 55 gallon drums in series each having 200 pounds of activated carbon and associated piping, valves and appurtenances; and a soil remediation system consisting of a 50 cfm blower, three vapor recovery wells, an inlet filter/coalescer to remove particulates and moisture from the air stream entering the blower. 5. Sludge handling and disposal scheme: No sludge is generated at this facility. 6. Treatment plant classification: Class T . 7. SIC Code( s) _5541_,_ Wastewater Code(s) 66_ _ . _ PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? NA 2 . Special monitoring requests: This is a groundwater remediation project. pH, Oil and Grease, normal organic compounds and toxicity should be required. 3 . Additional effluent limits requests: 4. Other: PART IV EVALUATION AND RECOMMENDATTONS This is a groundwater remediation project for the recovery of kerosene lost from a kerosene tank at the Rainbow Pantry convenience store near Spruce Pine, North Carolina. The wastewater treatment facility has recently been constructed. and placed into operation. The discharge is to a dry ditch adjacent to U. S. Highway 19E which is tributary to an unnamed tributary to Brushy Creek. It is recommended that the permitbe issued. __— Signature of Repdlrt Preparer Water Qu a4 egiona�sor 8 y�71 FE . NORM -76 30\ 12 FV o J I 73 \ C C,eo•� ( ���J/.� / � �` " s e bend erg i /l �r o �/�� Ell IF 4 n c atl s Kna TtIyc Al f\ L H) 0) 30' 199 i iHL 000 'E[ 61 •Ot 5' y,; MaoVed and added by Tennessee Valley Authority n RATING SCALE FOR CLASSIFICATION OF FACILITIES Namr, of PIenI zaili /i III- �� L Owner or Contact Person ;/�' r C•.dbef/rti Mailing Add`e/s�s`:��1&� Pr[��. County. &1t Telephone: 70 `/- (orZ NPDES Permit No. NC00792-a 1) Nondisc. Per. No. IssueDate: S.., 11590 Expiration Dated ,P`/ /�/ Existing Facility r, New Facility Rated By: an,"4- 1 le, A Date: A <4 -2,z f S'Y / Reviewed (Train.— Reg. Office Reviewed (Train. & Cerl Central Office ORC Grade ITEM POINTS ITEM POINTS (1) Industrial Pretreatment Units and/or (4) PRIMARY TREATMENT UNITS Industrial Pretreatment Program (a) Septic Tank (see definition no. 43) . . . . . . . . . . . . . . 2 (sad efinition No. 33) 4 (b) Imhoff Tank . . . . . . . . . . . . . . . . . .. ... . . . . . . . . . 5 (2) DESIGN FLOWOFPLANTINGPD (0 Primary clarifiers . . . . . . . . . . . . . . . . . . . . . . 5 (not applicable to an rm ammated cooling (d) Settling Ponds or Settling Tanks for Inorganic waters, sludge handling facilities for water Non-toxic Materials (sludge handling facilities purification plants, totally closed cycle for water purification plants, sand, gravel, systems Not, No. 11). and facilities stone, and other mining operations except consisting only of Item (4) (d) or Items (4) (d) recreational activities such as gem or gold and (11) 1st)) mining) . . . . . . . . . . . . .. . . . .. . .. . . . . . . . . . . . . . 2 0 -- 20,000 . . . . . . . . . . . . . . . . . . . . . . . . . . (5)SECONDARY TREATMENT UNITS 20.001 — 50,000. . . . . . . . . . . . . . . . . 2 (a) Carbonaceous Stage 50,001 — 100,000 3 (i)Aeration - High Purity Oxygen System . . . . . 20� 100.001 - 250,000 . . . . . . 4 Diffused Air System 1 250,01 -- 500,000 . . . . . 5 Mechanical Air System (fixed, 500.001 —1,000,000 . . . _ . . . . . . . . . . . . . . . 8 dealing or rotor) . . . . . . . . . 8 1 000.001 2000,000 . . _ 10 Separate Sludge Reaeration . . 3 2.000 001 (and up) - rate I Pon,( addhional tar each (il) Trickling Fitter 200,000 first capacity up to a High Rate . . . . .... . . . . . . . . . . maximum of 30 Standard Rate. . . . . . . . . . . . . . 5 Packed Tower. . . . . . . . . . . . . . . 5 (III) Biological Aerated Filler or Aerated Design Flow (gpd) -7, 3-60 __ Biological Filter . . . . . . . . . . . . . . . . . . . . . 10 (iv) Aerated Lagoons. . . . . . . . . . . . . . 10 (v) Rotating Biological Contactors . . . . . . . . . 10 (vi) Send Filters- (a Bar (3) F_Bar NARY UNITS (see definition no. 32) intermittent biological - . . - - 2 (a) Screens recirculating biological . . 3 or Sig Slabili ation Lagoons 5 (b) Mechanical Screen, Slahe Sneons or (viii)Clanfier . . . . . . . . 5 Cum minuling Devices - _ - in Grit Renmval -. . -. Dx') Single stage system for combined carbonaceous removal of DOD and o n,I,ogcn.ds removal by nitrification (d) Mechanical or Aorated Gm Removal (see del. No. 12) (Points for this item (d) Flow Measuring Dovice have to be in addition to items (5) (a) °f L) through (5) (a) (vni) .- - 8 (1) Ins Vumentod I-low Me<snrenient (xj Nottent additions to enhance GOD (q) I'hcnernhon . - removal (xh Beolog-c I Cultur ( S per Ends ) addition (h) InN in I v, b,l�.�....rnan to unri G(garec cortuonod re oval 5 if Gres:c on Oa 3cp:valars GiavAy Morbnnlral Iluanly o.J na IIu la Lnu 10 nn.J,. n a) OUaYy n n `U 1 u I An Sysl.n n 01 dr Jy„ In rur,.no,l o"i'll'ilecH Air n I J rmwr) 0 0 Sl rag_ Inr tcral 1 n d xibalcd_ - ..-obnii mgenaralmn) 1 0 Scpa¢9e Sludge Reaeralion (k) Vacuum Pole', Cen Vdur)c or Filer Press o nther QI) I rickbng Rine'I high Ban 7 Smiler dewatenng device, - 1 Pocke rd w,, ,(8) SLUDGE DISPOSAL (including irannmlcd a:h) 5 Pocked Tower .. S (a) Lagoons Biological A eletl Filler . AI .lerl (b) Lard Applicalan (surface and subsurface) Biological iillo clo . . . . 10 - (see defiarron 22a) (v) Rotating Biological Conlaclors }0 -where the faculty Octal the land a (v) Sand Pilfer pp. parch 10 intermittent'biological . . 2 -0y contrs (hea land m a land application harsher he holds (he land application permit . .re 2 dreulating biological 3 -land application of sludge by a contractor who does(vi) Clarifier 5 not hold the permit for the wastewater treatment (6) TERTIARY OR ADVANCED TREATMENT UNIT lacilily where the sludge is generated . . . 1 0 (c) Landlilled(burial) . . - 5 (a) Activated Carbons Beds - (9) DISINFECTION - - - - ' without carbon regeneration ... . . . a (a) Chlbr nalion . . . . . . with carbon regeneration . .:. . . 15 (b) bechlorination . . (b) Powdered or Granular Activated Carbon Feed - - 5 (c) Ozone. .. . . . . ... .. . . . .. . . . .without carbon regeneral on . . . . . . . . . iation . . . . . 5 (d) Rad . . with carbon regeneral on . . . . . 1 5 (10) CHEMICAL ADDITION SYSTEM S 5 - ni.on No. 9)- - 5 (c) Air Stripping . . . . . . . . . .... . . . . ( ) (See don 5 (not applicable to chemical additions rated as item (d) Rectification Process (separate process) 10 (3) Q), (5) (a) (xi), (6) (a), (6) (b), (7) (b), (]) (e) hd Electrodialysis . . . . . . _........ . . . . . . . . . . . . 5 (9) (a), (9) (b), or (9) (c) 5 polar$ each. List'. (f) Foam Separation . . . . —.. ... . . . . . . . . . . . . . . 5(9) Ion Exchange. . . . . . . . . ......... . .. . . . . . . . . . . . 5 5 (h) Land Application of Treated Effluent (see definition no 22b - - - 5 (not applicable for sand, gravel, stone and other similar mining (11) MISCELLANEOUSUNITS + i operations) (a) Holding Ponds, Holding Tanks or Selling Ponds j �(d on agricullmally managed sites (See del for Organic or Toxic Malenals Indoding wastes 1 No.4) . . . . . . ..... ...... . . 10 Imm mining operalions comaining nitrogen and/or (ii) by high rate infiltration on non-agriculturally phosphorous compounds in amounts signllicanlly managed sites (includes rotary distributors greater than is common for domestic wastewater . ..and similar fixed nozzle systems) . . . . . . . . . . . 4 (b) Effluent Flow Equalization (net applicable to storage(fit) by subsurface disposal (includes low pressure basins which are inherent in land applicalion systems). 2 Pipe systems and gravity systems except of (c) Stage Discharge (not applicable to storage basins plants consisting of septic lank and nirrifica- inherent in land application systems_. ...._. 5 bon lines only) _ 4 (d) Pumps.. - (1) Phosphorus em .... 5 (e) Stand By Power Supply.. - - 3 (j) (See del. Removal by Biological Processes (p Thermal Pollution Coolrol Device (See tlel. No. 26) . . . . . ..... ... .. . . . . . . . . 3 (k) Polishing Ponds without aeration . . . . . . . 2 with aeration . . . . . . . . . . 5 (1) Post Aeration cascade 0 diffused or mechanical . . 5 _ (m) Reverse osmosis . . 5 TOl nl POINTS- Of Sand or Mixed Media Filters - low vale . 2 high rate . . . . --- 5 CLASSIFICATION (c) 'Trea)menl processes (o' removal of metal or j cyanide . . . . . 1 5 Class l - - (p) Treatment processes for rem 5 25 Points oval of toxic Class ll .. materials other than metal or cyanide . . . IS Class l. -.-. '-" - 21, 50 Poins 51- 65 Points (7) SLUDGE TREATMENT Glass IV _. _ 61, Up Pont, FacllCs having a along of -11 Inclill, four purls nclu_e. (a) Sludge Digestion Tank - I tested . _ 10 on e oequue a rerlTed op ate (lasvlc Ion of al other Aerobic- 5 fatl'Les requires a conparabl g -de operato r responsible Unheated . . 3 charge. (b) Sludge Slabillzabon (chemical or Ih, mah . . . . - 5 (c) Sludgu Drying Beds - Gravity . - 2 FaC1TeS having 11 activated 1cud9 e .+II he Vacuum Asssled a n -n um clessl anon of Cless11 p ocuv a;,goad (11) Sludge Elulrialion - (e) Sludge Conditioner (chennicil Of Ihernal) 5 Facifilics h,1vin, In,oloirrol pro r 1nii r n.al r c1I(I) r;Indg Tl 'ckc'er(gravty) -- + o y� tic "L, b a e cd _ r ( 1) tlu-sol ed Air Ilelal on ILut ago n clot h in of [;ps; II (n) (11m I"n cv.IL 11 a I I c as (3) (it a F I l - t n I" '.I f .. fill th 1 1 ;.dudif Uhbeal Col ( lI dbig gas slora9ie) l of prosplrurr ; v ;",,,,,,d n II Icruin III I ,la;lnn of fv. RECfw VED `' - , pr �.`rt•''�e lVeler Qlrofify�sctlon JUN 2 8 1991 State of North Carolina Department of Environment, Health, and Natural Resource�sneviile Regional Offirp Division of Environmental Management shevllit, North Carolina 512 North Salisbury Street • Raleigh, North Carolina 27611 James G.Martin,Governor George T.Everett,Ph.D. Willam W.Cobey,Jr.,Secremry Director June 21, 1991 e'r. William Ledbetter Subject : NPDES Permit pplication Ledbetter Oil Company NPDES Permit 1:T .N00078280 820 East Court Street Plarion, NC 28752 Rainbow Pantry Number Four Dear Mr. Ledbetter Mitchell CO This is to acknowledge receipt of the following documents on Dece^ber 1989: NI Application Form _ Engineering Proposal (for proposed control facilities) , �1 Request for permit renewal, NI Application Processing Fee of $200.00, _ Engineering Economics Alternatives Analysis, _ Local Government Signoff, _ Source Reduction and Recycling, _ Interbasin Transfer, _ Other , The items checked below are needed before review can begin : Application Form , Engineering proposal (see attachment) , _ Application Processing Fee of _ Delegation of Authority (see attached) Biocide Sheet (see attached) Engineering Economics Alternatives Analysis, _ Local Government Signoff, _ Source Reduction and Recycling, _ Interbasin Transfer, Other Recent infl n analysis \ Pollutlon Pre erraan Pays P.O.Bax 27687,Raleigh,North Carding 2 7 611-76 8 7 Telephone 919-733-7015 An Equal Opportunity Afllnnaeve Arden Employer If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete . This application has been assigned to Jule shanklin (919/733-5083) of our Permits Unit for review. You wr e a vise o any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge . If you have any questions regarding this applications, please contact the review person listed above . S ihostel . Dale vercas ,- P .E . CC : Asheville Regional Office NORTH CAROLINA DEPT. UPS NATURAL RESOURCES AND COMMUNi,_ 'DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX 27687, RALEIGH, NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUMBER APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM C FOR m m ? Y a AGENCY USE DATE RECEIVED To be filed only by persons engaged in manufacturing and mining O m L YEAR N0, DAY Do not attempt to complete this form before reading accompanying instructions Please print or type 1• Name,. address, location, and telephone number of facility producing discharge '1111Y A. Name Ledbetter Oil. Canpany ,k:1C; rn B. Mailing address ] - 60(Mp4�i�i� 1, Street address 820 East Court St. 2. City Marion 3. State NC i. 4. County. McDowell S. ZIP 28752 ' C. Location: 1. Street Rainbow Pantry #4 Highway 19E - 2 City Spruce Pine 3 County Mitchell 4. State North Carolina D. Telephone No. 704 652-8181 Area Code 2. SIC (leave blank) 3. Number of employees If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not required to obtain a discharge permit, proceed to item 4. Otherwise proceed directly to item S. 4. If you meet the condition stated above, Check here O and supply the information asked for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible for receiving waste S. Facility receiving waste: 1. Name 2. Street address 3. City 4, County 5. State 6, 21P a Principal product, 11 raw material (Check one Petroleum contaminated ground water IS. Principal process Diffused .aeration with carbon to remove petroleum contaminants 7. Maximum amount of principal product produced or raw material consumed per (Check one) Mount Basis 1-99 100-199 2DO-499 500-999 1000- 50DO- 10,000- 50.000 4999 9999 49.999 or more (1) (2) (3) (4) (5) (6) (7) (8) A. Day 7200 B. Mont., C. Year i I Et—= PRE VIO VS EDITIOw .LY 5E WED UNTIL SUPPIT 'a Exw5 U3TED I 11. Mnxln. n wd nr Im Inr l❑nl Il :l `n ndwrl r fnw inn b•r Ld nw.niu+l, ��r•a I'. Item /, above, Is me asurtJ In (Ur.ct tore): ri...... A.a pounds B.0 tons C.0 barrels D.0 bushels E.i square feet F,rdifillons G.O pieces or units M.O other, specify 9. (a) Check here if discharge occurs all yearlj(C, or (b) Check the mOi discharge ocrurs: 1.0 January 2.a February 3.0Marcn 4.0 Apri1 5.0 May 6.a June 7.0 July 8.0 August 9.O September 10.0 October 11.0 November 12.0 December W Check how many days per week: 1.01 2.0 2-3 3.0 4-5 4.0 6-7 10. Types of waste water discharged to surface waters only (check as applicable) Flow. Sell ons per pperot ing day 9olum treated before discharging (percent) Discharge per operating tlay 0,7.995 1000-4999 5000-9999 10,000 50,000- None 0.1- 30- 65- 95- 49,999 or more 29.9 64.9 94.9 100 (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) A. Sanitary, daily. average B. Cooling water, etc. daily average C. Process water, daily average 100 D. Maximi per operat- ing day for total 7200 discharge (all [ uesl I1, If an, rf the three types of waste identified in nem 10.either treated or untreated. are discharged to p!aces other than surface water•., check below as applicable: Average flaw, gallons per operating day Waste water is aischnrged to: 0.1-999 1000-4999 5000-9999 10,000-19,999 50,000 or pre (1) (2) (3) (4) (5) A. Municipal sewer system B. Underground well L. Septic tank D. Evaporation lagnon or pond E. Otner, specify 12. Number of separate discharge points: AIM l B.02-3 C.04-5 D.06 or sore 13. Mama of receiving water or waters _-Dry ditch to. unnamed tributary of Brushy Creek to North 14. Wes your discharge contain or is it possible for your discharge to contain Toe River to Marion Lake we or more of the following substances added as a result of your operations, activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and , grease, and chlorine (residual). A.0 yes B.XEno I certify that I am familiar with the information contained in the application and - that to the best of my knowledge and belief such information is true, complete, and accurate. Wtll,ra.-i. LeflraeiZest Printed Maale of Person Signing 4 -2]-51 X . Date Application Signed_ _ Signature of Applicant North Carolina General Statute 143-215.6(b) (2) provides that. Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other docuient files or required to be maintained under Article 21 or regulatioae -of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commis sic implementing that Article, shall be guilty of a misdemeanor punishable by a 1:ine not to exceed $10,000, ar by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provid a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense. ) 99jj yypp++ p TTTT U�Jpj 3 L NM J q P NMaO � 1= d � Uy ZS W P: c a qc OS4u�aU FWkym < g g ` Q � U O q Ly LLI T � 2 � 0 WW Z W .-• W\ rZ o qW Wi d m c Ill oV D � 3 ; 3 00a � n FACT SHEET FOR WASTELOAD ALLOCATION Request# 6305 Facility Name: Ledbetter Oil Co. NPDES No.: NCO078280 Type of Waste: Industrial- 100% Facility Status: Existing Permit Status: Renewal Receiving Stream: UT Brushy Creek Stream Classification: C-Tr Subbasin: 040306 County: Mitchell Stream Characterisric: Regional Office: ARO USGS # 0346307190 Requestor: J. Shanklin Date: 1990" Date of Request: 6/21/91 Drainage Area(mi2) 0.03 Topo Quad: D IONE Summer 7Q10(efs): 0.0 Winter 7Q10 (cfs): 0.0 Average Flow (cfs): 0.06 30Q2 (cfs): IWC (%): 100.0 Wasteload Allocation Summary (approach taken,correspondence with region,EPA, etc.) This permit is up for renewal per the basin-wide strategy. The facility is remediating kerosene contamination on site. Per current procedures,recommend the deletion of some organic monitoring. f0 Vi: p,gja46 wraLmAnco w5rs rN U/mpLiAdLE 5WT`A m C Special ScJedule Requirements and additional comments from Reviewers: F Recommended by: dj� Date: 9 5 4 Reviewed by i Instream Assessment: AAA ate: Regional u sor: Date: Permits& gineering: Date: FD RETURN TO TECHNICAL SERVICES BY: n n 2 TOXICS/CONVENTIONAL PARAMETERS Type of Toxicity Test: Chronic Qtrly P/F Existing Limit: 99% Recommended Limit: Qtr]YP/—U-9945 OhJ ® ` V% (YN2 0" FvRµ FkF. a/" Monitoring Schedule: Feb, May, Aug,Nov Existin 7p�imits Mon. Avg. Daily Max. PH (SU): Oil&Grease(mg/1): 30 60 Benzene(µg/1): 455 Toluene(µg/1): 0.36 Monitor for ethylbenzene, isopropyl ether,naphthalene,xylene,EDB,MTBE,lead Recommended Limits Monthly Average Daily Max. Mon. Freq. WQ or EL Flow(MGD): 0.0072 see below pH (SU): 6-9 2/month Oil&Grease (mg/1): 30 60 2/month Benzene(µg4): 455 qtrly WQ Toluene (µg/l): 0.36 qtrly WQ Ethylbenzene(µg/l): monitor qtrly Xylene(µg/1): monitor qtrly Flow&chemical monitoring frequencies: see notation below. (See page three for special monitoring requirements.) Technical Support recommends dropping monitoring requirement for lead, MTBE,EDB, naphthalene, isopropyl ether since this remediation is not for gasoline and is only for kerosene. BTEX monitoring should continue. Parameter(s) are water quality limited. For some parameters, the available load capacity of the immediate receiving water will be consumed. This may affect future water quality based effluent limitations for additional dischargers within this portion of the watershed. OR No parameters are water quality limited, but this discharge may affect future allocations. n n 2 MISCELLANEOUS INFORMATION &SPECIAL CONDITIONS Adequacy of Existing Treatment Has the facility demonstrated the ability to meet the proposed new limits with existing treatment facilities? Yes No If no,which parameters cannot be met? Would a"phasing in" of the new limits be appropriate? Yes No If yes, please provide a schedule(and basis for that schedule)with the regional office recommendations: If no, why not? Special Instructions or Conditions BTEX parameters should be monitored using an EPA-approved method to a detection level of I ppb. Permit must contain flow monitoring requirement such that all volumes of wastewater leaving the facility are monitored. Recommend continuous flow monitoring. Recommend quarterly monitoring for those chemical parameters to be limited or monitored. This monitoring should coincide with all whole-effluent toxicity monitoring. A reopener clause should be placed in the permit to allow for additional limits on these or other toxicants should the whole-effluent toxicity testing results indicate toxic effects. Explain exact pathway of discharge(i.e. storm sewer to tributary, etc.) Additional Information attached? _N_(Y or N) If yes,explain with attachments. FacilityName Pemrit#A60076200 Pipe# 001 CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) (**Chronic Toxicity(Ceriodaphnia) ChV at 1-1)%, FE6 Mgq� hw /j, ,See Part_, Condition_) The effluent discharge shall at no time exhibit 48 hour acute toxicity as lethality in an effluent concentration of 90 To nor measure a quarterly arithmetic average chronic value less than this same percentage of waste. The chronic value will be determined using the geometric mean of the highest concentration having no statistically detectable impairment of reproduction or survival and the lowest concentration that does have a statistically detectable impairment of reproduction or survival. The presence of 48 hour acute toxicity will be determined using Fisher's Exact Test at 48 hours from test initiation. Collection methods,exposure regimes, and further statistical methods are defined in: The North Carolina Phase B Chronic Whole Effluent Toxicity Test Procedure(July, 1991) or subsequent versions. The permit holder shall perform at a minimum, Quarterly monitoring using these procedures to establish compliance with the permit condition. The fiat test will be performed after thirty days from issuance of this pemtit during the months of Fro htk . Aua M.d Effluent sampling for this testing shall be performed at the NPDES permfued final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter measures 48 hour acute toxicity or a chronic value less than that specified above, then multiple concentration testing shall be performed,at a minimum, in each of the two following months. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form(MR-1) for the months in which tests were performed,using the parameter code THP3B for the Chronic Value and TGA3B for the 48 hour Acute Toxicity measure(Pass/Fail). Additionally,DEM Form AT-3 (original)is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek.Road Raleigh, NC 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be reopened and modified to include alternate monitoring requirements or Emits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. Permitted Flow 0.00 2 MGD Basin & Sub-basin FRG o 7Q10 O cfs Receiving Stream ur Bmsuv Cau- IWC Joe % County &LcAeLt_ Recommended by: A"4- 9� dL —, Date: Re+ seo 6hy/5t P/lQLR Version 7191 (+eo r.a ) I Deltaal Consultants,Inc. 7401 Carmel Exec. Park, Suite 206 Charlotte, NC 28226 704/541-9890 , FAX:704/543-4035 May 25, 1990 North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management Permits and Engineering 512 North Salisbury Street Raleigh, North Carolina 27611-7677 Attention: Mr. Dale Overcash Subject: Authorization to Construct r NPDES p NC0078280 Ledbetter Oil Permitm n,VED Rainbow Pantry No. 4 Spruce Pine, North Carolina JUN 1 J I�yU Delta No. 50-89-071 PERMITS k ENGINEERINQ Dear Mt. Overcash: y I Enclosed please find four copies of an Engineering Process/Design Report for the Rainbow Pantry in Spruce Pine,NC. On behalf of the Ledbetter Oil Company, I am requesting an Authorization to Construct for the ground water recovery and treatment system detailed in the enclosed report. Attached is a letter from the Ledbetter Oil Company granting Delta Environmental Consultants, Inc. permission to apply for authorization on their behalf. Delta has received a copy of the draft NPDES permit for this site indicating the official permit will be issued on June 1, 1990, pending completion of the public notice process. A copy of the draft permit is included in Appendix B of the enclosed report. Practical Solutions to Environmental Concerns Mr. Dale Overcash May 25, 1990 Page 2 If you have any questions regarding the engineering material in the enclosed report, please call me at (704) 541-9890. Sincerely, DELTA ENVIRONMENTAL CONSULTANTS, INC. Paul Project Environmental Engineer j yy-- g PKMAms P? (,a{. 1 V E D Enclosures JUN 1 J 1�jju PERMITS g FNC,INEFRINO w: Mr. William Ledbetter, Ledbetter Oil Company Mr. Chris Clodfelter, Delta Environmental Consultaks, Inc. ;k Ms. Melissa Kelly, Delta Environmental Consultants, Inc. Mr. Mark Vollmer, Delta Environmental Consultants, Inc. May 17, 1990 North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management Permits and Engineering 512 North Salisbury Street Raleigh, North Carolina 27611-7677 Attention: Mr. Dale Overcash Subject: Authorization to Construct Ledbetter Oil Company Rainbow Plaza Spruce Pine, North Carolina NPDES Permit No. NC0078280 Delta No. 50-89-071 Dear Mr. Overcash: I hereby authorize Delta Environmental Consultants, Inc., acting as my duly authorized agent, to apply for an Authorization to Construct for the proposed ground water recovery and treatment system at Rainbow Plaza in Spruce Pine, North Carolina. Sincerely, LEDBF= OIL COMPANY Mr. William Ledbetter WIAms A® Delta Environmenal Consultants,Inc. F t".,' , E. JUN 1 y ldJu PERMITS a DIGINEERING ENGINEERING PROCESSES/DESIGN AUTHORIZATION TO CONSTRUCT LEDBETTER OIL COMPANY SPRUCE PINE, NORTH CAROLINA DELTA NO. 5459-071 C E� (E1d l� L L f� ENGINEERING PROCESSES/DESIGN rl AUTHORIZATION TO CONSTRUCT LEDBETTER OIL COMPANY r SPRUCE PINE, NORTH CAROLINA DELTA NO. 50.59-071 L! � 1 f�! 1. Prepared by: Delta Environmental Consultants, Inc. L 7401 Carmel Executive Park, Suite 206 Charlotte, North Carolina 28226 (704) 541-9890 U W May 1990 U - I TABLE OF CONTENTS 1.0 STATEMENT OF PURPOSE 1 2.0 WASTEWATER CHARACTERIZATION 1 3.0 FLOW, ORIGIN AND TYPE 1 4.0 DESIGN CONCEPTS 1 4.1 Proposed Ground Water Treatment System Design 2 t� 4.2 Proposed Soil Remediaiton System Design 3 4.2.1 Selected Technology 3 4.2.2 Soil Remediation System Equipment 3 4.3 System Security 4 n 5.0 SOLIDS OR FUEL DISPOSAL 4 6.0 FLOW MONITORING AND SAMPLING 4 7.0 TREATMENT SYSTEM SECURITY 4 _7 8.0 PROPOSED DISCHARGE POINT 5 (-i 9.0 NPDES APPLICATION 5 Ll Tables Table I Ground Water Treatment System Estimated Removal Efficiency Table 2 Equipment List UTable 3 System Controls/Imtrumentation Figures Figure 1 Site Location Map Figure 2 Topographic Location Map LI Figure 3 Site Map JFigure 4 Schematic of Water Flow Figure 5 Treatment System Layout ILJ' IU Iu l_I r (Y) C%n Table of Contents (continued) Appendices Appendix A Technology Screening Abstracts Appendix B Proposed Discharge Point Appendix C NPDFS Permit Appendix D System Safety Features lP fl l� f 11 li U ll ni ' f ENGINEERING PROCESSES/DESIGN n AUTHORIZATION TO CONSTRUCT LEDBETTER OIL COMPANY SPRUCE PINE, NORTH CAROLINA DELTA NO. 50-89-071 May, 1990 1.0 STATEMENT OF PURPOSE The site of the ground water recovery and treatment facility is the Rainbow Pantry No. 4 located on r, Highway 19 East near Spruce Pine, North Carolina (see Figures 1, 2, and 3). The ground water at this Irr site has been contaminated by gasoline. II An on-site ground water recovery and treatment system designed to collect any liquid phase hydrocarbons I � (LPH) from the surface of the water table and to remove dissolved hydrocarbon contaminants from the ground water is proposed for remediation of this site. The treated ground water will be discharged to a r� storm sewer that flows into Brushy Creek,which is part of the North Toe River watershed (see Appendix I B). 10 WASTEWATER CHARACTERIZATION Target compounds for this treatment system are benzene,toluene,ethylbenzene,and total xylenes(BTEX). Estimated influent concentrations to the treatment system, based on the on-site worst case concentration levels detected in ground water samples collected from monitoring wells, are given in Table 1. IJ Based on these influent concentrations, the treatment system has been conservatively designed to achieve an estimated 99% removal efficiency under normal operating conditions. The effluent concentrations shown in Table 1 were based on this estimated design treatment removal efficiency. 3.0 FLOW. ORIGIN AND TYPE The discharge from the treatment system will consist of approximately 7,200 gallons per day (5 gpm) of L) pumped ground water treated for the removal of dissolved organic contaminants. This average flow rate was estimated using local hydrogeologic data. LJ W Engineering Pmoosal Authorization to Construct Ledbetter Oil Company Spruce Pine, North Carolina Delta No. 50-89-071 of Page 2 11 �y 4.0 DESIGN CONCEPTS 4.1 Proposed Graund Water Treatment System Desi� Based on Delta's professional judgement and experience, the following ground water treatment system was selected from the technology screening abstracts(Appendix A)as the most effective method of remediation for the Ledbetter Oil Co. site: 1) a separator tank, as a pretreatment step to allow for the gravity separation of liquid phase hydrocarbons (LPH); I i 2) a diffused aeration tank for removal of the dissolved volatile organics; and 3) carbon adsorption as a polishing step prior to discharge for removal of less volatile organic compounds. L. Due to the simplicity of the design and the in-house construction services provided by Delta personnel, construction drawings are usually not prepared. However, a schematic of the water flow and a drawing of the aeration system is shown in Figures 4 and 5, respectively, along with details for the product water separator,the blower, the carbon adsorption drums,and the required pumps (Tables 2 and 3). A summary 7. of the treatment system's safety features is provided in Appendix C. (-1 Two recovery wells will be utilized for the ground water recovery(Figure 3). Pneumatic total fluids pumps are placed in each recovery well with high and low level on/off sensors to control the pumps' operation. 111 These controls maintain a constant drawdown of the ground water to facilitate the efficient removal of i any free product in the wells. Compressed air for the pumps is provided by a compressor located in the IuI treatment system building and connected to the pumps via underground air lines. u The total fluids pumps transfer the contaminated ground water to a product/water separator tank. The separator tank allows for phase separation and collection of any free petroleum hydrocarbon emulsion in the wastewater, and prevents any gasoline from entering the aeration tank. From the separator tank, the water gravity flows to a channelled aeration tank equipped with air diffusers in each of the six channels and a centrifugal blower to provide the necessary 700 cubic feet per minute ll Engineering Pmoosal Authorization to Construct Ledbetter Oil Company Spruce Pine, North Carolina Delta No. 50-89471 I�7 Page 3 II t'1 (cfm) air flow. This aeration results in the volatilization of dissolved volatile petroleum hydrocarbon constituents which are vented to the atmosphere through a stack extending from the tank cover through the building roof. The effluent from the aeration tank gravity drains into a 120 gallon surge tank equipped with a fl submersible transfer pump controlled by a mercury float switch. This pump transfers the aeration tank effluent to two 55 gallon drums, each containing 200 pounds of activated carbon, plumbed in series. rl Petrosorb brand activated carbon will be used, and the spent carbon will be returned to the vendor J (Continental Environmental Services) for regeneration. The activated carbon will adsorb any nonvolatile organic compounds remaining in the aeration tank effluent The effluent from the carbon drums will then II� be discharged to the drainage ditch according to the NPDES permit. t_ 4.2 Proposed Soil Remediation System Design 4.2.1 Selected Technolotry Soil venting was selected for several reasons. Soil venting allows for remediation of the soil with minimal 7 disturbance of surface structures and roads. Soil venting is a cost-effective and field proven technology 3 for remediatiog soil contaminated with petroleum hydrocarbons. Application of a vacuum to the two 1.1 ground water recovery wells is also designed to increase their hydraulic yield and enhance the rate of f ground water remediation. Lt 7 4.2.2 Soil Remediation System Equipment ILJI The equipment for the soil venting system consists of a regenerative blower connected to the vapor recovery wells (RW-1, OW-1 and VW-I) via 2-inch schedule 40 PVC piping and an inlet filter/coalescer to remove particulates and moisture from the air stream entering the blower (see Figure 3). The effluent from the blower will be discharged to the atmosphere via 2" schedule 40 PVC pipe extending from the U blower outlet through the roof of the security building. The blower for this site is fabricated from aluminum and is equipped with a 1.5 hp,single-phase,explosion Iu proof motor. It has a rated capacity of 50 cubic feet per minute (cfm)at a vacuum of 4 inches of mercury. u Engineering Proposal Authorization to Construct Ledbetter Oil Company Spruce Pine, North Carolina Delta No. 50-89-071 Page 4 f-1 The inline particulate filter is fabricated from steel and contains a replaceable filter element with a rated efficiency of 97-98% for an 8-10 micron particle size. Condensate collected in the inlet filter will be discharged via a fluid level and timer controlled solenoid valve to the surge tank and pumped through the fl activated carbon drums for treatment. Any dissolved contamination that may be present in the condensate will therefore be removed by carbon adsorption. A schematic of the soil remediation system is shown in Figure 5. 4.3 System Security The soil remediation equipment is located in the same security building as the ground water remediation equipment, and therefore both system share the same security features. All vacuum lines are located rI � underground until they reach the pad and are enclosed within the building. �} 5.0 SOLIDS OR FUEL DISPOSAL No solids will be generated from the treatment process. Any LPH that accumulates in the separator tank Lwill be pumped out and removed for off site treatment and/or recycling by a licensed waste oil disposal { firm. LJ 60 FLOW MONITORING AND SAMPLING 1 Sampling ports will be provided at several points along the treatment process to allow for adequate u effluent monitoring and evaluation of the effectiveness of the system as required by the NPDES permit. L) Influent and effluent samples will be collected as required and analyzed by an independent EPA certified laboratory. A totalizing flow meter will continuously record the quantity of water that has been treated. lJ 7.0 TREATMENT SYSTEM SECURITY The treatment system will be surrounded by a wooden building and will be locked at all times. Signs will be posted on the building indicating that it is a waste water treatment facility. u u (-%r) (1 Eneineerine Proposal Authorization to Construct Ledbetter Oil Company Spruce Pine, North Carolina Delta No. 50-89-071 Page 5 8.0 PROPOSED DISCHARGE POINT A description of the discharge flow path is provided in Appendix B using local names of creeks as provided + by U.S.G.S. topographical maps for the Spruce Pine and Micaville, North Carolina quadrangles. r 9.0 NPDES PERMIT A copy of the NPDES permit for this treatment system is included in Appendix C. This report was prepared by: ' DELTA ENVIRONMENTAL CONSULTANTS, INC �J A '& 1 Paul K. Muller, M.S. Date fProject Environmental Engineer L� This report was reviewed by: ccA4& t is 4 t Virginia W. Sunde, P.E. ": Na. 13694 D'e Engineering Department Manager ? (. •��`OINE�P''yw,a Professional Engineer License No.13694 q• / �� j /fyh qpn n,un' IIIJ LJ L L l TABLE 1 n Ground Water Treatment System Estimated Removal Efficiency Ledbetter Oi1lRainbow Pantry No. 4 Spruce Pine, North Carolina Delta No. 50-89-071 Estimated Influent** Estimated Effluent* EctimmodDiscbarge*** Contaminant Concentrations (ue/L) Concentrations (ua/L) Concentrations (aWL) Benzene 17000 170 <1 Toluene 66000 660 <1 Ethylbenzene 4800 48 <1 I�V Xylenes 1000 10 <1 L� * Based on worst case monitoring well construction. ** Based on projected 99% removal efficiency, before the carbon adsorption unit. Provided by the carbon adsorption unit vendor, based on flow rate and influent concentrations. I�1 La I� W r a tq V 'wCJ LVi O Tm T O `0 T e N Igiz $ ai 'o ui ui ui ¢ ui I.� I_� •.-�'� O � � w� ems. «� eV. i 0 L! f� U U b � U r? nn x I ' N a Aa a � ^ .pyn, pQ K pN G A pU � % 5 t0 N ✓V. 'p5C (A Q ri y v b U N vi o < b � tl H All p y �y C tl N ❑ pp d ❑ C 7 F o a e a o d a v � Q FI Q VI V] Vi Vl Q Q Q Fl 43 u Fbw'1 w w° w `4' 2 w 0 U � r y� U § � � ! 606 ) ) [ � « ! © £ ; 0t ; ! ! @ f [ $ ) \ ! ! } } § § § ] [ - § . § [ ) ) A 2 ; ~ 02 ) } \ � \ d: d> [ � � [ � ! � ] \ ` a , § � ) ) ) ] ) { ] ƒ ) [ [ 2z ! � § ƒ) \ \ ! [ $ \ ) r § e ; ° ) & [ ! ) k 4 /\ \ \ - /\ \ \ ! � � , ! / ` ; m , ) ! . � � 7 ] i ) ` { � \ ! 2 ! ) � ] \ | � ° ; � A , , , . , � ) Q ! ] � � / / [ [; j / w 4 E = r 2 \ ( 7 f\ E ) , ) \ ` \ y /) [ � / ! ) j ) / { /{y } k#{ ) 7 [ nTABLE 3 n System Controls/Instrumentation Ledbetter Oil Company Spruce Pine, North Carolina rl Delta No. 5089471 11 Control Control Operating , Item Size Device Description Level _ Submersible pumps 0-2.5 liquid level probe High level = on ( � gpm in each Low level = off recovery well Maintains drawdown f� Separator tank 1000 gal Conductivity probe, If LPH layer exceeds High: 6" f9 tank full 30", switches well from top pumps off. High of tank [� level indication switches well pumps off. Prevents gasoline from being discharged if separator tank fills up. LSoil venting blower 1.5 HP High level float High level indication 230V in condensate shuts off blower, drain, timer opens solenoid valve l to allow drainage l and starts timer. When time runs out, closes solenoid valve and restarts blower Aeration tank, 6' x 4' x 2' High-level float High level indication 4" from top surge tank channeled (in each) switches well pumps of tank off. Prevents overflow if lines clog. DATS blower 2 HP, 230V, Air pressure Turns well pumps I 1-phase switch off if pressure is u inadequate. Prevents discharge of untreated effluent if blower malfunctions. Table 3 (continued) Control Control Operating Item Size Device Description Level Transfer (sump) 1/6 hp Mercury float High indication On: 24" water pump (carbon system) switch switches pump on, depth Row indicator Of.pump intake switches pump off. I-� Allows for transfer of treated effluent to carbon system. li f � [i L f� s 0E- z a Aa , LO a a " I I NF tl w E a L 1 ) . . - i� ��> III i =0 i��u/.�• �C � ,', n `��` mac- �� 1�SS` ��'-` � � �+� `` � �6 I• � . �,In `Nlou t h v IW19E1 _ �� •6�I=�j� f f:)I If flu so A L �I� ��< rn��L r _-� Ettrpinoe tilt$ ae ✓ �` oo�_ /,` s aa�c k �✓J\� �- V\��� ('' 3, ,�j`-1 �\ �/G ART-'�Jr� . ,. ��r, • •• I�I -I-�ti SCALE 1.24000 } 5 I NIE[ M 0 IDF', tm0 3WJ 4M SOb FEW) 7M FER 1 5 0 1 XIIONE . CONTOUR INTERVAL 40 FEET •ry ILL. N MG RENTUCNV 1 S3X1U rENNEssEE. �. FIGURE 2 LJ """� Nlss: •�� " �� so TOPOGRAPHIC LOCATION MAP I I QUADRANGLE LOCATION M.D. LEDBETTER LJ SPRUCE PINE, N.C. SPRUCE PINE, NC N3552.5.W82009.5 PROJECT NO PREPARED H IL1� 1900 50-89-071 C.W.H, y PHOTOREVISEO ,978 DATE REVI,E/V/FrnH p01{$ 1 , AN84555FNE-SERIESV842 11-21-81 ry'✓ �- 01 ' I Il z m o F z r I�I < V Z F Q rY II oQ � S� � wz n o on p,) � EH W gaaoz wW Z E0 o >° K HH V < P I f-N rn 'nI W W Iz i a a i a i i OY N i i i II J i i i 41 0z o n i i i i rn 7 N Z zWz i i i O Wy O¢ < tWii p i i i 3 O QY Y iOm i U � i = � a 9 N 3 O 4 j 4 j j j j •N U + 4 3 u II M IIJI 3 9 I r GROUND WATER fin! RECOVERY WELL I1 t7200-X 1 4COLLECTION _I D FREE PRODUCT LATION SYSTEM DISPOSED BWASTE HAULE 1 �I CARBON ADSORPTION r � 7200-X GPD ill DRAINAGE DITCH I.1 ('. BRUSHY CREEK �I THE AMOUNT OF FREE PRODUCT COLLECTED IS VERY SMALL, & UNVERIFIABLE UNTIL THE SYSTEM IS RUNNING & SOME ACCUMULATION CAN BE MEASURED. L LPH = LIQUID PHASE HYDROCARBONS II FIGURE 4 Li SCHEMATIC OF WATER FLOW M.D. LEDBETTER L' SPRUCE PINE, NC PROJECT NO PREPARED BY L' 50-89-0- DATE REME D BY �/� D@IlB 5-24-90 c wie Fa 6 I I VsJ w w n W ra y� m tV II a 60aN �Inn� II i �o 4 II i� tl a: f kq I 1 II II II II II II II II II II II 11 II II II II II II II II = g L� II II II II II II _ II II II II II 11 II II II I II II g � lii II II n u a a � 4 F u u u u u u u N �� xd L � z L ab �� L 6F g �h ��. LlT _J/ lL=_O II u u u APPENDIX A u TECHNOLOGY SCREENING ABSTRACTS IIu L� u u u u u u u u u u Apn icable Technoloaes Ground Water Remediation Numerous treatment technologies have been developed for the remediation of ground water contaminated with gasoline. The principal technologies currently being utilized include: a) activated carbon adsorption b) air stripping/steam stripping I� c) fltration/ultrafiltration d) oil/water separation e) biological treatment f) UV/ozone oxidation a) Activated carbon adsorption involves a physical separation process in which the organic constituents rl, are removed from a waste stream by sorption or the attraction and accumulation of the organics i by the carbon. As the activated carbon adsorbs the organics from the waste stream, the carbon r� eventually becomes saturated and the exhausted carbon must be regenerated or replaced. G9 Activated carbon treatment is a well-developed and demonstrated technology but it can be Lexpensive. b) Air stripping removes volatile organics from liquid waste streams due to an affinity of volatile compounds for the gas phase. Secondary treatment of the gas phase may be required depending on local air emission requirements. All of the volatile organic compounds in gasoline have ! sufficiently high Henry's Law constants to allow effective air stripping. Air stripping is usually implemented by using either an air striping tower packed with a plastic media or aeration tanks f containing air diffusers. �J Steam stripping involves the same concepts as air stripping but with elevated temperatures during stripping to increase the strippability of the organic constituents present. Steam stripping and air stripping are demonstrated technologies for remediation of ground water contaminated with gasoline. i c) Filtration is a physical process of removing suspended solids by forcing a waste stream through a lJ physically restrictive medium. Filtration is primarily a pretreatment process to be used in conjunction with other technologies in the treatment of contaminated ground water. u f' C' �) Ultrafiltration is a physical process of separating dissolved or suspended solids from a waste stream on the basis of molecular size. High molecular weight solutes are separated from solution through the use of semipermeable polymeric membranes. Ultrafiltration is at present not a widely applied technology for the treatment of gasoline contaminated ground water. �I d) Oil/water separation is a physical process that is frequently used as a pretreatment process in hconjunction with other ground water treatment technologies. It utilizes the relatively low density of oil (or gasoline) compared to water to separate the liquids by stratification into a gasoline or oil layer Boating on top of the water. This gasoline or oil layer can then be removed for reprocessing or disposal. Such oilhvater separation is a well-developed and proven pretreatment 1 process for contaminated ground water. f f� e) Biological treatment is suitable for remediation of gasoline contaminated ground water because I gasoline's volatile constituents are subject to biodegradation. Biological systems may be located I 1 above ground or in situ or both, and they usually require the addition of nutrients and an oxygen -� source to enhance the performance of the microorganisms. An above ground system may also require special maintenance within a given temperature range in order to achieve optimum r remediation of the water. Biological treatment is a proven technology for treatment of gasoline fcontaminated water,but it generally requires a much higher capital investment and more frequent monitoring for successful operation than do physical-chemical treatment systems. 1) Ultraviolet/ozone oxidation involves the combined use of ultraviolet light and ozone to chemically foxidize selected organic constituents. The combined use of ultraviolet and ozone provides an 1 oxidation rate which is many times faster than that obtained from applying ozone or ultraviolet t light alone. One advantage of the ultraviolet/ozone oxidation is that organic compounds are I totally destroyed rather than simply transferred to another medium as in air stripping. At present, however, ultraviolet/ozone oxidation is not a cost-effective remediation technology except in -� situations with very stringent air emission requirements. L L L1 U Soil Remediation Technolonies 1� A wide variety of technologies are currently available for remediation of petroleum hydrocarbon contaminated soils. Three of the more widely used in-situ remedial methods include soil washing, soil venting, and enhanced bioreclamation. More traditional alternatives include excavation (with or without n incineration) and disposal; and for volatile organics-thin spreading to allow for passive aeration. Soil Washine Sail washing consist of injection of a solvent or surfactant solution to enhance the contaminant's solubility, resulting in increased recovery from the ground water extraction operation. Although conceptually viable, the process appears to have drawbacks, the most significant of which is the production of large quantities of wastewater that is difficult to treat. fl Soil Ventine Soil venting is perhaps the most widely allied in-situ soil remediation technology. Its use to protect subsurface structures from fuel and methane vapors dates many years. More recently, the process had Ugained acceptance as a cost effective means of remediating subsurface volatile contamination,particularly in the vadose zone. �.� Enhanced Bioreclamation Enhanced bioreclamation is a process in which natural biodegradation is stimulated through the addition of oxygen and nutrients to accelerate natural contaminant degradation. Actual field application in areas of vadose zone contamination is somewhat limited and little documentation is available in the open literature. Of the documentation that does exist, most if not all, is related to petroleum-based contamination. U U U U U U n r Excavation Excavation remains technically straight forward in most cases but may become complicated due to buildings or structures overlaying the area of contamination. Deeper excavations (over 14 feet) may require shoring and/or benching to enable equipment to operate at the increased depth. Incineration Incineration of contaminated soils is a treatment method which uses high temperature oxidation under controlled conditions to degrade a substance into products that generally include CO,, HiO vapor, SOi f4 NOp HCI gases,and ash. Disposal costs for incineration are very high and include the costs of excavation, i bacVilling, and disposal of the ash. f I Diana Excavation and direct disposal of the contaminated soil at a secure landfill is one of the more straight- forward approaches to soil remediation, but it is not usually cost effective. Disposal costs for hazardous waste at a secured landfill are extremely high; included are the costs for excavation, bacldilling, and r hauling. In addition, recently imposed land ban restrictions prohibit Iandfilling as an acceptable alternate for the disposal of some petroleum contaminated wastes. -� Passive Aeration -, Passive aeration of contaminated soils involves thin spreading of the soil to allow for volatilization. The Lid soil is turned frequently to allow as much exposure to sun and wind as possible. For relatively volatile compounds, this method has proven to be very effective. A large enough area is needed,however, to allow L� for spreading of the soil. Runoff and infiltration from rainfall must be either prevented or controlled. Exposure to the vapors from the thin spreading operation by the neighboring population is also a factor. ILJ IL1 u u u u u u APPENDIX B u PROPOSED DISCHARGE POINT u u u u u u u u u u u u L r> r; fl Delta is proposing to discharge treated ground water to a dry ditch near the site. This ditch subsequently discharges to an unnamed tributary of Brushy Creek. Brushy Creek is part of the North Toe River I I watershed, which eventually flow into Marion Lake. A copy of the 7Q10 flow data from the U.S. Geological Survey for this site is attached. f� f� L [9 L L L fl L L L L L' L REQUEST NO: 91374 SITE NO: 3, DATE: 1/10/90 FURCE: CONSULTANT ( ,CTION: EXISTING STREAMFLOW C( ;ITION: STATION NUMBER: 0346307000 TYPE STATION: 02 PATION NAME: BIG CRABTREE C NR NEWDALE, NC LJCATION: AT US 19E AND 1 .7 MI E OF NEWDALE, NC LATITUDE: 355409 LONGITUDE: 820850 J QUADRANGLE NUMBER: D10NW EUNTY. CODE: 199 STATE CODE: 37 DISTRICT CODE: 37 DROLOGIC UNIT CODE: 06010108 NRCD BASIN CODE: 040306 F - DRAINAGE AREA: 16.6 AVERAGE FLOW: 33.0 RANGE: 23.0 efs to 43.0 cfs 30 Percent [A] 110 MIN FLOW: 7.4 RANGE: 4.8 efs to 10.0 cfs 35 Percent [A] SUMMER) 1IQ2 MIN FLOW: 14.0 RANGE: 9.0 efs to 19.0 efs 35 Percent [A] ,10 MIN FLOW: RANGE: efs to efs Percent [ ] (WINTER) '[2 MIN FLOW: RANGE: cfs to cfs Percent [ ] �I TES: ] Estimate is based on records collected at or near the site. The range indicates approximate interval in which the actual value may lie RI] Estimate is based entirely on runoff observed at nearby streams. _i [C] Because of the probable degree of inaccuracy of the estimate only a range is given. [D] Approximately. 11reamflow Condition Codes [R] Regulated [NJ Natural lilARRS: 4UESTOR--DELTA ENVIRONMENTAL la Index -- Entered by: 2AF charged: 0.00 C c F; APPENDIX C Ind NDPES PERMIT I.V Lg�33g ILJ LJ I� Iu IuI u u F J State of North Carolina (� Department of Environment,Health and Natural Resources I I Division of Environmental Management 512 North Salisbury Street a Raleigh,North Carolina 27611 James G.Martin,Governor R. Paul Wilms William W.Cobey,Jr.,secretary Director January 22, 1990 Dear Applicant: l� Please find attached a DRAFT Permit and a public notice that have been prepared for your facility by the Division of Environmental Management (DEM). I encourage you to review these documents very carefully to ensure thorough understanding of the information, conditions, and requirements contained therein. In completing your review, please be aware of the two procedure changes described below that become effective on February 1, 1990. The subject permit expiration date may reflect a period of less than five years. The I DEM has implemented a new NPDES permitting schedule that is directed toward organizing I permit Issuance and review by major river basins within the State. The revised schedule will allow the DEM to focus its resources on more efficient and effective NPDES permitting, and L� allow for greater consistency in developing pollutant discharge limitations throughout each river basin. In order to place the subject NPDES Permit within the proper cycle for its corresponding river basin, it may be necessary to shorten the life of the permit to less than the maximum allowable five year term as defined by North Carolina General Statute 143-215.1 I1 (c) (5). In most cases, once a permit has been brought Into the proper basin cycle, future J permits will be issued for the maximum five year period. L All questions or comments pertaining to any portion of the DRAFT Permit should be directed to Mr. Dale Overcash of the NPDES Permits Group at the address or telephone number listed below prior 1Q the "Schedule to Issue" date In the public notice. Once a permit is Issued, except for typographical or technical errors, the permit may be appealed =IX through the legal process. Such appeal would need to be made in the form of a written petition in accordance with Chapter 150E of the North Carolina General Statutes and filed with the Office of Administrative Hearings, PO Drawer 11666, Raleigh, NO 27611 within 30 days of permit Issuance. Ll Thank you in advance for your cooperation In these matters. Sincerely, Steve W.Tedder, Chief Water Quality Section u . 1 Pouufion Pre wn Pays P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity ity Affirmative Action Employer PUBLIC NOTICE STATE OF NORTH CAROLINA I ' ENVIRONMENTAL MANAGEMENT COMMISSION POST OFFICE BOX 27687 r RALEIGH, NORTH CAROLINA 27611-7687 I NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT ri I On the basis of thorough staff review and application of Article 21 of Chapter 143,General Statutes of North Carolina,Public Law 92-500 and other lawful standards and regulations,the North Carolina i Environmental Management Commission proposes to issue a permit to discharge to the persons fisted below effective 6/1/90 and subject to special conditions. I , Persons wishing to comment upon or object to the proposed determinations are invited to submit same in writing to the above address no later than 5/17/90 . All comments received prior to that date will be considered in the formulation of final determinations regarding the proposed permit. A public meeting may be held where the Director of the Division of Environmental Management finds a significant degree of public interest in a proposed permit. A copy of the draft permit is available by writing or calling the Division of Environmental Management, l l P.O. Box 27687, Raleigh, North Carolina 27611-7687, (919) 733-7015. The application and other information may be inspected at these locations during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. Ll All such comments or requests regarding a proposed permit should make reference to the NPDES pemut J number listed below. / f Date_. George T. Everett,Director Division of Environmental Management L 7blic notice of intent to issue a State NPDES permit to the following: . NPDES No. NC0078280. Ledbetter Oil Company, 820 East Court Street, Marion, NC 28752 has L applied for a new permit for a facility located at US Highway 19E in Spruce Pine, Mitchell County. The facility proposes to discharge 0.0072 MGD of treated industrial wastewater(groundwater remediation) from one outfall into an unnamed tributary to Brushy Creek, a Class C-Trout stream in the French Broad River Basin which has a 7Q10 flow of 0 cfs and a 30Q2 flow of 0 cfs. 2. NPDES No. NC0000116. American Thread Company,PO Box 269, Marble, NC 28905 has applied for a permit renewal for a facility located at the Cherokee Plant at the intersection of US Highway 19 and NCSR 1377 in Marble,Cherokee County. The facility discharges cooling tower blowdown water from one outfall into Hyatt Creek, a Class C stream in the Hiwassee River Basin. u L I'1 3. NPDBS No. NC0020524. USDA Forest Service, Route 1, Box 477, Franklin, NC has applied for a ' l pemvt renewal for a facility located at LBJ Civilian Conservation Center, off NCSR 1310 in Franklin, Macon County. The facility discharges 0.0256 MGD of treated domestic wastewater from one outfall into n Wayah Creek, a Class WS-III-Trout stream in the Little Tennessee River Basin which has a 7Q10 flow of InnI 5.0 cfs. II ICI IrrI Inn� 11 LJ� ILA ILJI ILJI IL1, Iui u I� Iu� u F � r r PUBLIC NOTICE STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION POST OFFICE BOX 27687 RALEIGH, NORTH CAROLINA 27611-7687 NOTIFICATION OF INTENT TO ISSUE A STATE NPDES PERMIT r�I On the basis of thorough staff review and application of Article 21 of Chapter 143, General Statutes of North Carolina,Public Law 92-500 and other lawful standards and regulations, the North Carolina Environmental Management Commission proposes to issue a permit to discharge to the persons listed h below effective6/l/90 and subject to special conditions. Persons wishing to comment upon or object to the proposed determinations are invited to submit same in rl writing to the above address no later than I All comments received prior to that considered in the formulation of final determinations regarding the proposed permit. A public date eeting may be held where the Director of the Division of Environmental Management finds a significant degree of public interest in a proposed permit A copy of the draft permit is available by writing or calling the Division of Environmental Management, P.O. Box 27687, Raleigh, North Carolina 27611-7687, (919) 733-7015. L 1 The application and other information may be inspected at these locations during normal office hours. Copies of the information on file are available upon request and payment of the costs of reproduction. 1 All such comments or requests regarding a proposed permit should make reference to the NPDES permit number listed below. Dare_ George T.Everett,Director t Division of Environmental Management L. LPublic notice of intent to issue a State NPDES permit to the following: 4. NPDES No. NC0023281. Tapoco,Inc., PO Box 14, Tapoco, NC 28780 has applied for a permit (� renewal for a facility located at a site off of US Highway 129, Tapoco, Graham County. The facility discharges 0.020 MGD of treated domestic wastewater from one outfall into the Little Tennessee River, a Class C-Trout stream in the Little Tennessee River Basin which has a 7Q10 flow of 82.30 cfs. IL l_I I L L L Permit No. N00078280 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES n DIVISION OF ENVIRONMENTAL MANAGEMENT I PERMIT n TO DISCHARGE WASTEWATER UNDER THE InnI NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM II r{ In compliance with the provision 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, Ledbetter Oil Company is hereby authorized to discharge wastewater from a facility located at US Highway 19E Spruce Pine �p Mitchell County 1 , to receiving waters designated as an unnamed tributary to Brushy Creek in the French Broad River 1 Basin in accordance with effluent limitations,monitoring requirements, and other conditions set forth in L] Parts I, II, and III hereof. J This permit shall become effective -1 -1 This permit and the authorization to discharge shall expire at midnight on December 31, 1991 II Signed this day LJ A. FT George T.Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission IL� U L n I I Permit No. NC0078280 I I SUPPLEMENT TO PERMIT COVER SHEET 'nI Ledbetter Oil Company II is hereby authorized to: n� 1. Enter into a contract for construction of a wastewater treatment facility, and II 2. Make an outlet into an unnamed tributary to Brushy Creek,and I�lt 3. After receiving an Authorization to Consavct from the Division of Environmental L Management,construct and operate a 0.0072 MOD wastewater treatment facility located at US Highway 19E, Spruce Pine, Mitchell County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Brushy Creek which is classified class C-Trout waters in the French [1 Broad River Basin. ILJ u u u 11 s f t' 1 30 �V � . 55, ) � pt 00 � � 5 � �\ ® . •.v 19 'ma . '• � -��, it F}9'`�/. - � ��� l U�' �,�y��l%. .- e62t �. p0 13 i. r 1 u odYs r/ ze vI ""2'30' �99 "0 1 1 080000 vicer "2 OY30' Qyy\ Mapped and edited by Tennessee Valley Authority LJ o., l 11—d I rtio l:,lno l Surve,v d — N O C z « N ¢ C7 C7 C7 C7 C7 C7 G. w `d O = O n a C .. T E.� •n° o j O c s 11r1i{ •" )a = _ `o a m w m m Y N a �Vy P. v 1 l U lC O N ` ry LL U N O C7 C1 O O .N. .b � E _ � a•� E � v c a c N C O N E C = N O C O J Y N w O m � v m �• � S � S S en rn . o L� F" y d N � y o � o a •o o 13 �� PART I nSection B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in - accordance with the following schedule: {� Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. fl fl �1 fl [l [l Li Iu 2. Pernuttee shall at all times provide the operation and maintenance necessary to operate the LI existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or,in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. �J In the latter case, the notice shall include the cause of noncompliance,any remedial actions J taken, and the probability of meeting the next schedule requirements. Iu� u Part II n Page 1 of 14 li PART II (I STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority. (1 The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. l 3. EMC t Used herein means the North Carolina Environmental Management Commission. f4. Act or "the Act" C� The Federal Water Pollution Control Act,also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements L a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average"in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday-Saturday) on which daily Li discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is,therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average"in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum,"in Part I of the permit. Iu Iu L1 C) Part II II Page 2 of 14 d. The "average annual discharge' is defined as the total mass of all daily discharges n sampled and/or measured during the calendar year on which daily discharges are ' I sampled and measured,divided by the number of daily discharges sampled and/or measured during such year. It is,therefore,an arithmetic mean found by adding the n weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. n 6. Concentration Measurement I I a. The "average monthly concentration,"other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for n samples collected during a calendar month. This limitation is identified as "Monthly I J Average"under "Other Limits'in Part I of the permit. b. The"average weekly concentration," other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday)on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric �J mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under"Other Limits'in Part I of the permit. �i c. The"maximum daily concentration'is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration'. It is identified as 'Daily Maximum" under"Other Limits"in Part I of the permit. d. The"average annual concentration,"other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples I collected during a calendar year. This limitation is identified as "Annual Average' u under"Other Limits"in Part I of the permit. e. The"daily average concentration (for dissolved oxygen)is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average"in the text of Part 1. u n Part 11 I I Page 3 of 14 1 ! f. The "quarterly average concentration' is the average of all samples taken over a n calendar quarter. It is identified as "Quarterly Average Limitation'in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March,April through June, July through September, and October through December. n 7. Other Measurements I I a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows n recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the (� facility. Flow shall be monitored continually except for the infrequent times when l i there may be no flow or for infrequent maintenance activities on the flow device. l 8. Tunes of Samples II a. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to L1 flow, or equal volumes taken at varying time intervals. If a composite sample is tl obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab L{ samples shall be no greater than hourly except where the detention time of the 1 wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. I I b. Grab Sample: Grab samples are individual samples collected over a period of time not �] exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero(0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. u Part R Page 4 of 14 n 10. Calendar Day I j A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that n reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance I I A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to I I Section 311 of the Clean Water Act. n 12, Toxic Pollutant ` A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1)of the Clean Water r1 Act. f i SECTION B. GENERAL CONDITIONS f 1. Duty to Comply J The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is ground for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under LJ section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. `-� b. The Clean Water Act provides that any person who violates a permit condition implementing sections 301, 302, 306, 307, 308, 318 or 405 of the Clean Water Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates permit conditions implementing sections 301,302, 306, 307, or 308 of the Act is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or both. �J 2. Duty to Mitig Ll The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. LI 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing' (Part II, B-3) and 'Power Failures" (Part II, B-6), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the i responsibility for effective compliance may be temporarily suspended. u Part II n Page 5 of 14 1 1 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the pemrittee from any responsibilities,liabilities,or penalties to which the permittee n is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 ' I USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily n suspended. 5. Property Rights I I The issuance of this permit does not convey any property rights in either real or personal I property, or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or n regulations. 6. Onshore or Offshore Construction h� This permit does not authorize or approve the construction of any onshore or offshore l physical structures or facilities or the undertaking of any work in any navigable waters. (� 7. Severability L The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Li 8. Duty to Provide Information J The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any I information which the Permit Issuing Authority may request to determine whether cause t_d exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing �l Authority upon request, copies of records required to be kept by this permit.9. Duty to Reapply I If the permittee wishes to continue an activity regulated by this pemvt after the expiration �J date of this permit, the permittee must apply for and obtain a new permit. 10, Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit I after the expiration and has not requested renewal at least 180 days prior to expiration,.will. u subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. I� u Part lI n Page 6 of 14 11.Si enatory RNuirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: n (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary,treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the I I corporation, or (b) the manager of one or more manufacturing production or 1 I operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with f corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. Ali reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized [_ representative of that person. A person is a duly authorized representative only if: I. (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of (� plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility,or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may r , thus be either a named individual or any individual occupying a named position.); uand (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "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 I my knowledge and believe, true, accurate, and complete. I am aware that there are �f significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." �ug U Part 11 n Page 7 of 14 12. Permit Actions I This permit may be modified,revoked and reissued,or terminated for cause.The filing of a .request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not ft stay any permit condition. I ! 13. Permit Modification.Revocation and Reissuance.or Termination 1 The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit,or terminating the permit as I allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15 of the North Carolina Administrative Code, n Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et. al. 'I 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this l facility, whether for operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge (" under the National Pollutant Discharge Elimination System govern discharges from this Irr facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS L� I. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge(ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Divisions Operator Training and Certification Unit within five days of any change in the ORC status. LI2. Proner Qperation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. ' 3. Need to Halt or Reduce not a Defense �f It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the IU� condition of this permit. W P Part II n Page 8 of 14 J4. Bypassing of Treatment Facilities a. Definitions n (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. 1 1 (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur n in the absence of a bypass. Severe property damage does not mean economic loss I caused by delays in production. n b. Bypass not exceeding limitations. JThe permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. L. c. Notice (1) Anticipated bypass. If the permince knows in advance of the need for a bypass, it rshall submit prior notice,if possible at least ten days before the date of the bypass; l ! including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass f ' as required in Part II, E. 6. of this permit. (24-hour notice). l d d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury or severe lJ property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary �J treatment facilities,retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not.satisfied if adequate �l backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and I (c) The permittee submitted notices as required under Paragraph c. of this section. �J (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the �f three conditions listed above in Paragraph d. (1) of this section. I� U Part II Page 9 of 14 i �1 5. Upsets I a. Definition. n "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error,improperly designed treatment I � facilities, inadequate treatment facilities,lack of preventive maintenance,or careless or improper operation. ? b. Affect of an upset. An upset constitutes an affirmative defense to an action brought for r-� noncompliance with such technology based permit effluent limitations if the I requirements of paragraph (3) of this condition met. No determination made during 1 administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. l c. Conditions necessary for a demonstration of upset. r A permittee who wishes to establish the affirmative defense of upset shall demonstrate, ! � through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and that the permittee can identify the cause(s)of the upset; i (b) The permittee facility was at the time being properly operated; and f � (c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Part II,B. 2. of this permit. t d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an �j upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge, and with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge when promulgated. Upon L promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall notify the LPermit Issuing Authority of any significant change in its sludge use or disposal practices. Ll Part II Page 10 of 14 n 7. Power Failures I f The petmittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124 n Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent li n SECTION D. MONITORING AND RECORDS I I 1. Representative Sampling Samples collected and measurements taken,as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire 1 period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2, Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (F)MR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later ( than the 30th day following the completed reporting period. L 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 i discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management LJ Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements I I of the volume of monitored discharges. The devices shall be installed, calibrated and �J maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with I a maximum deviation of less than+10% from the true discharge rates throughout the range u of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. u f ` n Part 11 n Page 11 of 14 4. Test Procedures I Test procedures for the analysis of pollutants shall conform to the EMC regulations I published pursuant to NCGS 143-215.63 et. seq,the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal n Water Pollution Control Act,as Amended, and Regulation 40 CFR 136. I I To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, n then the most sensitive (method with the lowest possible detection and reporting level) I I approved method must be used. I � 5. Penalties for Tamcerine The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation,or by imprisonment for not more than six months per violation, or by both. l i 6. Records Retention l The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample,measurement,report or application. This period may be extended by request of the Director at any time. 7. Recordin Results esults For each measurement or sample taken pursuant to the requirements of this permit, the �J permittee shall record the following information: a. The date,exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; I I c. The date(s) analyses were performed; �J d. The individual(s)who performed the analyses; e. The analytical techniques or methods used; and I. The results of such analyses. S. Inspection and Entry I The permittee shall allow the Director, or an authorized representative, upon the u presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit, u F Part 11� Page 12 of 14 I ! n b. Have access to and copy,at reasonable times, any records that must be kept under the Jconditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control F� equipment),practices,or operations regulated or required under this permit; and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any n� location. Il (1 SECTION E. REPORTING REQUIREMENTS j 1. Change in Discharge r All discharges authorized herein shall be consistent with the terms and conditions of this fpen-nit. The discharge of any pollutant identified in this pemut more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. I 2. Planned Changes The pemrittee shall give notice to the Director as soon as possible of any planned physical (� alterations or additions to the permitted facility. Notice is required only when: l a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Pan 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). 1 3. Anticipated Noncompliance J The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. -� 4. Transfers L This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. i a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Pan 1I. D. 2. of this permit). LJ L n Part II ` Page 13 of 14 �1 b. If the permittee monitors any pollutant more frequently than required by the permit, I using test procedures specified in Part II, D. 4. of this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the p� DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting n a. The permittee shall report to the central office or the apppropriate regional office any I noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the n circumstances. A written submission shall also be provided within 5 days of the time �I the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance,and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate,and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. L� (A) Any unanticipated bypass which exceeds any effluent limitation in the pemrit. (B)Any upset which exceeds any effluent limitation in the permit. 19 (C)Violation of a maximum daily discharge limitation for any of the pollutants listed by J the Director in the pemilt to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain �J the information listed in Part II. E. 6. of this permit. f 8. Other Information uWhere the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: LJ n Part 11 i Page 14 of 14 a. Any occurrence at the water pollution control facility which results in the discharge of I-1 significant amounts of wastes which are abnormal in quantity or characteristic, such as I the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line,or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to (� such station or facility. 1 Persons reporting such occurrences by telephone shall also file a written report in letter n form within 15 days following first knowledge of the occurrence. 10. Availability of Reports I Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 1 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, ( � representation,or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per '-t violation,or by imprisonment for not more than six monthsper violation, or by both. LI L� L� u u u u fl �I PART III I� OTHER REQUIREMENTS II A. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management (-J and written approval and Authorization to Construct has been issued. J B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management,conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. 1 C. Changes in Discharge of Toxic Substances [, The pemdttee shall notify the Permit Issuing Authority as soon as it(mows or has reason to i believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following "notification levels'; [9 (I) One hundred micrograms per liter(100 ug/1); (2) Two hundred micrograms per liter(200 ug/l)for acrolein and acrylonitrile; five hundred l_t micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for j 2-methyl-4.6-dinitrophenol; and one milligram per liter(1 mgA)for antimony; (3) Five(5)times the maximum concentration value reported for that pollutant in the permit L� application. L b. That any activity has occurred or will occur which would result in any discharge, on a f I non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if u that discharge will exceed the highest of the following"notification levels'; (1) Five hundred micrograms per liter(500 ugA); (2) One milligram per liter 0 mgA)for antimony; I I (3) Ten 00)times the maximum concentration value reported for that pollutant in the permit �f application. u u n InI Part III Permit No. NC0078260 If D. The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in: 1. ) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1111) or subsequent versions. The effluent concentration at which there may be no observable inhibition of n reproduction or significant mortality is 99% (defined as treatment two in the Ill North Carolina procedure document . The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from issuance of this permit during the months of February, May, August, and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. ( J All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP33. Additionally, DEM Form AT-1 (original) is to be sent to the following address: ) Attention: � IEnvironmental Sciences Branch L North Carolina Division of Environmental Management rl P.O. Box 27687 Raleigh, N.C. 27611 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. 1 Should any single quarterly monitoring indicate a failure to meet specified ( 9 limits, then monthly monitoring will begin immediately until such time that a ILJ9 single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be reopened and modified to ' I include alternate monitoring requirements or limits. u NOTE: Failure to achieve test conditions as specified in the cited document, 1 � such as minimum control organism survival and appropriate environmental ILI controls, shall constitute an '_nvalid test and will require immediate retesting (within 30 days of initial monitoring event) . Failure to submit suitable test results will ccnstitute noncompliance with monitoring requirements. ( I E. Quarterly monitoring shall be done for ethylbenzene, isopropoyl ether, IIJI napthalene, EDB (dibromoethane) , MTBE (methyl tert-butyl ether) , and xylene using EPA Methods 601, 602, and 625. ' J1 u u u u APPENDIX D u SYSTEM SAFETY FEATURES u u Li u u u u u u u u u n APPENDIX D System Safety Features Ground Water Treatment System n Ledbetter Oil Company Spruce Pine, North Carolina Ind Delta No. 50-89-071 1I�1 The following safety items are included in the ground water treatment system at the Mebane site to provide protection against inadequate treatment of the system effluent. A brief description of each feature is provided. 1 I 1. Tank full probe for 1,000 gallon separator tank: This probe provides a response to two situations. First, the probe senses the thickness of the layer of liquid phase hydrocarbons in the separator fq tank. If this layer becomes sufficiently deep, the probe signals the control panel to shut off the ground water pumps, thereby preventing liquid phase hydrocarbons from entering the air stripping tower. Second, the probe senses if the water level in the separator tank becomes unacceptably high due to obstruction of the flow leaving the tank, in which case it also signals the control panel to turn off the ground water pumps. This prevents overflowing of the separator tank. 2. Emergency high level probes in the aeration tank and surge tank: These probes sense if the water levels in the tanks become too high due to a transfer pump malfunction or other problem. It then signals the control panel to shut off the ground water pumps to prevent overflowing of the surge tanks. [ 3. Sail switch in aeration tank blower: This switch is activated by the flow of air through the piping manifold. If the blower fails to function properly, this switch will signal the control panel to stop the flow of water through the treatment system. This prevents water from passing through the aeration tank without the air flow required for proper treatment being present. Ll u u u u u r Req..-': >..' 'a5531 ------ WASTELOAD ALLOCATION APPROVAL FORM ----------------- Facility Name: Ledbetter Oil Company NPDES No. : NCO078280 Type of Waste: Industrial/Groundwater remediation � Status: Proposed Receiving Stream: UT to Brushy Creek Classification: C-Trout ){;i•,�,,,,e, ,r„�;n d:�n,f.aa Subbasin: 040306 Drainage area: 0. 030 sq mi County: Mitchell Summer 7Q10: 0.00 cfs Regional Office: Asheville Winter 7Q10: 0.00 cfs Requestor: Lula Harris Average flow: 0 .06 cfs Date of Request: 12/27/89 30Q2 : 0 . 00 cfs Quad: D10NE -------------------- RECOMMENDED EFFLUENT LIMITS -------------------------- Mo. Avg. Daily Max. Min/Max Mon. Freq Flow (mgd) : 0. 0072 Benzene (ug/1) : 71.4 QRTRLY Toluene (ugl) : 0.36 k QRTRLY Oil and Grease (mg/1) : 30 60 2/month pH (su) : 6-9 2/month Toxicity Testing Req. : Chronic Ceriodaphnia QRTRLY --------------------------COMMENTS----------------_------------------------- The following products will be recovered: Kerosene. No other products are to be recovered without modification of this permit. * All volumes of wastewater leaving the facility must be continuously monitored. If a pump totalizer is used to monitor flow, then monthly Average flow, or total volume/month, along with instaAtaneous flows at the time of all sampling ma be us d in li 0 continuous flow monitoring. Monitoring for r_„ �k`�'���'2i �'r` using EPA methods 601 and 602 along with EDE, MTBE, and Xylene should bedone on the same schedule as toxicity testing. Monitoring and toxicity testing should be done at the the same time. A reopener clause should be placed in the permit to allow for limits to be placed on toxicants should the facility fail its whole. effluent toxicity test. a, NOTE: THE DRAFT PERMIT SHOULD BE REVIEWED BY THE GROUNDWATER SECTION.d " Prepared by: l�..ray L�o'�^�^— Date: 02 ¢3 D Betsy Johnson Reviewed by Instream Assessment : �� (,U,gp,y�� Date: c� a3 'i0 Regional pti Date: Permits & Engineering: Date: RETURN TO TECHNICAL SUPPORT BY: MAn 2 "l199Q 1oi89 f. Facility Name fed be-ffC1 01 Cov,d and_ Permull N00078a80 CHRON fC TOXICITYI-1 CSTLNG REQUIREMENT(QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in: 1.) The North Carolina Ceriodamhnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 31 % (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterl monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from issuance of this permit during the months of FL-RI MftY aur, Wov . Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. - All toxicity testing results required as par[of this permit condition will be entered on the Effluent Discharge Monitoring Fomn (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management P.O. Box 27687 Raleigh, N.C. 27611 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste steam. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 7Q 10 cfs Permited Flow . 007.1 MGD Recommended by: IWC% IDO Basin & Sub-basin o4 -o7- p(o Receiving Stream 9wia.eo^-- County M:}c6r ll Date 4 190 **Chronic Toxicity (Ceriodaphnia) P/F at 31%, FE6, N&Y U h)0%See Part J , Condition 4 . f'RegF7,tlyi 5531 WASTELOAD ALLOCATION APPROVAL FORM VJcr OualhY S�r'�a»1 Facility Name: Ledbetter Oil Company NPDES No. : NC0078280 � Type of Waste: Industrial/Groundwater remediation � f.E� Status: Proposed Receiving Stream: UT to Brushy Creek nshedil;^. !""OW,rIOffice Classification: C-Trout AsI10111e, KO ttl Carolina Subbasin: 040306 Drainage area: 0.030 sq mi County: Mitchell Summer 7Q10 : 0. 00 cfs Regional Office: Asheville Winter 7Q10 : 0. 00 cfs Requestor: Lula Harris Average flow: 0. 06 cfs Date of Request: 12/27/89 30Q2: 0.00 cfs Quad: D10NE -------------------- RECOMMENDED EFFLUENT LIMITS -------------------------- Mo. Avg. Daily Max. Min/Max Mon. Freq Flow (mgd) : 0.0072 Benzene (ug/1) : 71 .4 QRTRLY Toluene (ugl) : 0.36 QRTRLY Oil and Grease (mg/1) : 30 60 2/month PH (su) : 6-9 2/month Toxicity Testing Req. : Chronic Ceriodaphnia QRTRLY --------------------------COMMENTS_------------___--_________----____-______ The following products will be recovered: Kerosene. No other products are to be recovered without modification of this permit. * All volumes of wastewater leaving the facility must be continuously monitored. If a pump totalizer is used to monitor flow, then monthly Average flow, or total volume/month, along with instantaneous flows at the time of all sampling ma�yy be used in ligt]� o£ continuous flow monitoring. Monitoring for '- - using EPA methods 601 and 602 along with EDB, MTBE, and Xylene should be done on the same schedule as toxicity testing. Monitoring and toxicity testing should be done at the the same time. A reopener clause should be placed in the permit to allow for limits to be placed on toxicants should the facility fail its whole effluent toxicity test. NOTE: THE DRAFT PERMIT SHOULD BE REVIEWED BY THE GROUNDWATER SECTION. ___________________________________________________________________________ Prepared by: JC3C3.r a+9 �a- -=--- Date: ,2 a-3 D Betsy Johnson Reviewed by Instream Assessment: �AhLe� xn.�r}.(A.RO�r-� Date: cZ a 90 Regional Supervisor: Date: Permits & Engineering: Date: RETURN TO TECHNICAL SUPPORT BY: MAR 27 1990 10/89 Facility Name LedbP-�er GJ ooq. t permit# N(1007U80 CHRONIC TOXICITY TESTING REQUIREMENT(QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity in any two consecutive toxicity tests, using test procedures outlined in: A 1.) The North Carolina Ceriodaohnia chronic effluent bioassay procedure(North Carolina Chronic Bioassay Procedure- Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is-I-q—% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform guarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from issuance of this permit during the months of FG-Br MAV aur, NOy - . Effluent sampling for this testing shall be performed at the PDES permitted final effluent discharge below all treatment processes.All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally,DEM Form AT-1 (original)is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management P.O. Box 27687 Raleigh, N.C. 27611 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as mininuun control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. 7Q10 cfs Petmi[ed F ow 0071 MGD Recommended by: IWC% IDD Basin &Sub-basin oV-o3-o3-yl ReceivingStream-UI Hrus r k County jajimtl Date 4a3190 **Chronic Toxicity (Ceriodaphnia) P/F at %, fE"Q,#f h4�M.k,pAV See Part 3 , Condition G_' . r n611 Date: January 19, 1990 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mitchell NPDES Permit NO.NCO078280 PART I - GENERAL INFORMATION 1. Facility and Address: Rainbow Pantry Spruce Pine, North Carolina c/o Ledbetter Oil Company 820 East Court Street Marion, North Carolina 28752 2 . Date of Investigation: January 10, 1990 3 . Report Prepared By: Michael R. Parker Environmental Specialist 4. Persons Contacted and Telephone Number: Sales Clerk at Rainbow Pantry 5. Directions to Site: From the intersection of U. S. Highway 19E and NCSR 1160, travel east on U. S. 19E 1. 3 miles. The Rainbow Pantry is located on the left side of U. S. 19E. 6. Discharge Point - Latitude: 35 54' 26" Longitude: 82 06' 14" Attached a USGS Map Extract and indicate treatment plant site and discharge point on map. Attached USGS Quad No. or USGS Quad Name—Spruce Pine___ 7. Size ( land available for expansion and upgrading) : NA Groundwater remediation project. 8. Topography (relationship to flood plain included) : Upland away from any stream. 9. Location of nearest dwelling: 150 feet to the west. 200 feet to the south. 10. Receiving stream or affected surface waters: ut to Brushy Creek a. Classifications: C--trout 1 b. River Basin and Subbasin No. : 04-03-06 C . Describe receiving :stream features and pertinent downstream uses: fish and wildlife propagation PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: % Domestic 100 % Industrial a. Volume of Wastewater: 0.0072 MGD b. Types and quantities of industrial wastewater: 0. 0072 mgd discharge is WWTP treating kerosene contaminated groundwater. C. Prevalent toxic constituents in wastewater: Benzene, Toluene, Ethyl Benzene and Xylenes. d. Pretreatment Program (POTWs only) in development approved should be required not needed 2 . Production rates (industrial discharges only) in pounds a. highest month in the last 12 months b. highest year in last 5 years 3 . Description of industrial process (for industries only) and applicable CFR Part and Subpart: 4. Type of treatment (specify whether proposed or existing) : It is proposed to construct a liquid product separation tank, two aeration tanks, sediment filter and activated carbon filter with the discharge to a dry ditch. 5 . Sludge handling and disposal scheme: No sludge is generated at this facility. 6. Treatment plant classification: Has not been rated. 7. SIC Code(s) _5541 --- Wastewater Code( s) 66 C� C-11 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only) ? NA 2 . Special monitoring requests: This is a groundwater remediation project. pH, Oil and Grease, normal organic, compounds and toxicity should be required. 3 . Additional effluent limits requests: 4. Other: PART IV - EVALUATION AND RECOMMENDATIONS This is a groundwater remediation project for the recovery of kerosene lost from a kerosene tank at the Rainbow Pantry convenience store near Spruce Pine, North Carolina. The treatment scheme appears to be adequate and the proposed discharge is to a dry ditch adjacent to U. S. Highway 19E which is tributary to an unnamed tributary to Brushy Creek. There is a pond 200 to 300 feet south of the convenience store and the treated water should not be allowed to enter this area. The engineering proposal indicates that the proposed wastewater treatment facility will remove 99% of the BETX before the carbon absorption unit. Delta Environmental indicates that they have achieved 94 to 100% BETX removal with aeration units at similar sites. Since they are proposing to discharge to adry ditch they will have to achieve compliance with the Water Quality Standards at the point of discharge. The water quality standard for benzene (human health-fish tissue) is 71. 4 ug/l and the water quality standard for toluene in trout waters is 0. 36 ug/l. Based on the data submitted it. appears issuance of a. permit is appropriate. Based on the proposal it cannot be determined if the treatment unit can comply with these standards . Before an Authorization to Construct is issued pilot plant work or effluent data from a treatment unit of similar design should be submitted for review. Upon satisfactory review of the data the A to C could then be issued. Signature of Repor AP'.pa�cpf-7.—r — WRat.rualiRal Superr k eoa s�: 16 C�l / l�i �ll1 Il/r/ c / I ll. 111 ^_OT / /� ff �4 /. 55' — as2y t C f f ,� J1 �"y�eoo ✓ � c 397 1 i — \\ ia oo D E .� 3971 35°52'30' \F 52°07'30" 199 1 '02 5' 5,O Mapped and edited by Tennessee Valley Authority � � �� • >sARo � h i R I� b.� P'. !.d' r � WaiPr f`rn ty � zumt J�shevi110, Pilorth Carolina State of North Carolina Department of Environment, Health, and Natural Resources Division of Emironmental Management 512 North Salisbury Street • Ralelgh, North Carolina 27611 Jam 12/27/89es G.Martin,Governor R. Paul Wilms Wllllam W.Cobey,Jr.,Secretary Director Mr. William Ledbetter Ledbetter Oil Company Subject : NPDES Permit Application 820 East Court Street NPDES Permit No.NC0078280 Marion, NC 28752 Ledbetter Oil Company Dear Mr. Ledbetter Mitchell County This is to acknowledge receipt of the following documents on December 27, 1989: Application Form Engineering Proposal (for proposed control facilities) , _ Request for permit renewal, Application Processing Fee of $200.00, _ Other , The items checked below are needed before review can begin: _ Application Form , Engineering proposal (see attachment) , Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) q Other Pleaee submit other alternatives considered. If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete . This application has been assigned to Lula Harris (919/733-5083) of our Permits Unit for review. You will e advised ot any comments recommendations, questions or other information necessary for the review of the application, I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge . If you have any questions regarding this applications, please contact the review person listed above . Sincerely, CC:=Asheville Regional Off ice M. Dale Overcash, P .E . - - Polludon Pm melon Pays P.O.Box 27687,Raleigh,North Carolina 27611-7687 Telephone 919-733-7015 An Equal Oppomnity Affirmative Action Employer �\�/J (r \:.l LDnr TAKE United States Department of the Interior AMERICA� GEOLOGICAL SliRVEY, Water Resources Division � Post Office Box 2857 Raleigh, North Carolina 27602 January 11, 1990 �tAo98deo ( S. 17 TO Wager QuafhJ Sertlai Mr. Chris L. Clodfelter, Project Geologist Delta Environmental Consultants, Inc. 7401 Carmel Executive Park, Suite 206 Charlotte, North Carolina 28226 Ashevillr Ricr.nl Office Dear Mr. Clodfelter: psifeville, NorlhCafuhna In response to your November 1, 1989, request for low-flow data, the U.S. Geological Survey does not have site-specific data for Brushy C trib hdwtrs at Estatoe, NC (station ID 0208350800) or Brushy C at US 19 at Estatoe, NC (0346307204) . The U.S. Geological Survey does have site- specific data for Big Crabtree C nr Newdale, NC (station ID 034630700) . The statistics that are provided on the attached sheets have been computed by correlating with the runoff characteristics of the nearest gaged streams. They reflect natural streamflow conditions, and do not account for the effects of any diversion or regulation that may be present. These data are preliminary and subject to revision pending approval for publication by the Director of the Survey, and are made available through our cooperative program of water-resources investigations with the North Carolina Department of Environment, Health, and Natural Resources. If you have any questions regarding this information, please contact US. Sincerel l H Cu. rtis Gunter Hydrologist Enclosures cc: Mr. John N. Morris, Director Division of Water Resources ?( North Carolina Department of Environment, Health, and Natural Resources - g r— � Raleigh, NC ._ 0�alV A. E. Fogleman, WRD, Raleigh, NC )R�1 I1J 19�Q HCG/wlg { PERMITS & ENGIN[ERINII 4 vv2 REQUEST N0: 91374 SITE NO: I- DATE: 1/10/90 SOURCE: CONSULTANT 1 %TION: NEW STREAMFLOW C0 ITI ON: STATION NUMBER: 0346307193 TYPE STATION: 20 STATION NAME: BRUSHY C TRIB HDWTRS AT ESTATOE, NO LOCATION: AT HDWTRS AND 0.7 MI E OF ESTATOE, NO LATITUDE: 355416 LONGITUDE: 820626 QUADRANGLE NUMBER: D10NE COUNTY CODE: 121 STATE CODE: 37 DISTRICT CODE: 37 HY➢ROLOGIC UNIT CODE: 06010108 NRCD BASIN CODE: 040306 DRAINAGE AREA: 0.25 AVERAGE FLOW: 0.50 RANGE: 0.35 cfs to 0.65 efs 30 Percent (8] 7Q10 MIN FLOW: 0. 11 RANGE: 0.07 efs to 0. 15 efs 35 Percent [B] (SUMMER) 30Q2 MIN FLOW: 0.21 RANGE: 0. 14 cfs to 0.28 cfs 35 Percent [B] 7Q10 MIN FLOW: RANGE: cfs to efs Percent [ ] (WINTER) 7Q2 MIN FLOW: RANGE: efs to efs Percent [ ] NOTES: [A] Estimate is based on records collected at or near the site. The range indicates approximate interval in which the actual value may lie [B] Estimate is based entirely on runoff observed at nearby streams. [C] Because of the probable degree of inaccuracy of the estimate only a range is given. [D] Approximately. Streamflow Condition Codes [R] Regulated [N] Natural EMARKS: EQUESTOR--DELTA ENVIRONMENTAL CONSULTANTS, INC ata Index -- Entered by: 3AF ee charged: 0.00 REQUEST NO:., 91374 SITE NO: l , DATE: 1/10/90 SOURCE: CONSULTANT l ..;TION: EXISTING STREAMFLOW CrITION: STATION NUMBER: 0346307204 TYPE STATION: 20 STATION NAME: BRUSHY C AT US 19 AT ESTATOE, NC LOCATION: AT US 19 AND 0.2 MI NE OF ESTATOE, NC LATITUDE: 355412 LONGITUDE: 820724 QUADRANGLE NUMBER: D10NE - COUNTY CODE: 121 STATE CODE: 37 DISTRICT CODE: 37 HYDROLOGIC UNIT CODE: 06010108 NRCD BASIN CODE: 040306 DRAINAGE AREA: 1 .94 AVERAGE FLOW: 3.9 RANGE: 2.7 cfs to 5. 1 cfs 30 Percent [B] 7Q10 MIN FLOW: 0.87 RANGE: 0.57 cfs to 1 .17 cfs 35 Percent [B] (SUMMER) 30Q2 MIN FLOW: 1 .6 RANGE: 1 .0 cfs to 2.2 efs 35 Percent [B] 7Q10 MIN FLOW: RANGE: efs to efs Percent [ ] (WINTER) 7Q2 MIN FLOW: RANGE: efs to efs Percent [ ] NOTES: [A] Estimate is based on records collected at or near the site. The range indicates approximate interval in which the actual value may lie [B] Estimate is based entirely on runoff observed at nearby streams. [C] Because of the probable degree of inaccuracy of the estimate only a range is given. [D] Approximately. Streamflow Condition Codes [R] Regulated [N] Natural 'EMARKS: EQUESTOR--DELTA ENVIRONMENTAL ata Index -- Entered by: 3AF ee charged: 0.00 REQUEST NO: 91374 SITE NO: 3 DATE: 1/10/90 SOURCF: CONSULTANT (--�,CTION: EXISTING STREAMFLOW COTION: STSTION,'NUMBER: 0346307000 TYPE STATION: 02 STATION NAME: BIG CRABTREE C NH NEWDALE, NC LOCATION: AT US 19E AND 1 .7 MI E OF NEWDALE, NC LATITUDE: 355409 LONGITUDE: 820850 QUADRANGLE NUMBER: D10NW COUNTY CODE: 199 STATE CODE: 37 DISTRICT CODE: 37 HYDROLOGIC UNIT CODE: 06010108 NRCD BASIN CODE: 040306 DRAINAGE AREA: 16.6 AVERAGE FLOW: 33.0 RANGE: 23.0 cfs to 43.0 efs 30 Percent [A] 7Q10 MIN FLOW: 7.4 RANGE: 4.8 cfs to 10.0 efs 35 Percent [A] (SUMMER) 30Q2 MIN FLOW: 14.0 RANGE: 9.0 efs to 19.0 cfs 35 Percent [A] 7Q10 MIN FLOW: RANGE: cfs to efs Percent [ ] (WINTER) 7Q2 MIN FLOW: RANGE: cfs to efs Percent [ ] NOTES: [A] Estimate is based on records collected at or near the site. The range indicates approximate interval in which the actual value may lie [B] Estimate is based entirely on runoff observed at nearby streams. [C] Because of the probable degree of inaccuracy of the estimate only a range is given. [D] Approximately. Streamflow Condition Codes [R] Regulated [N] Natural iEMARKS: 2EQUESTOR--DELTA ENVIRONMENTAL )ata Index -- Entered by: 2AF '-ee charged: 0.00