NC0083275_staff comments_20200710

Weaver, Charles
From: Hennessy, John
Sent: Friday, July 10, 2020 9:54 AM
To: Weaver, Charles
Subject: Re: Harris Plant void permit
Yeah, I agree. I don't think we will give them a new permit. They have a new plant they are already using.
From: Weaver, Charles <[e-mail]>
Sent: Friday, July 10, 2020 9:50 AM
To: Hennessy, John <[e-mail]>
Subject: RE: Harris Plant void permit
If we're saying the old permit is void, we have to make it Inactive in BIMS [and thus ICIS].
They get a new permit number when then apply for a new permit [if they do].
CHW
From: Hennessy, John <[e-mail]>
Sent: Friday, July 10, 2020 9:49 AM
To: Weaver, Charles <[e-mail]>; DelDuco, Emily <[e-mail]>
Subject: Re: Harris Plant void permit
I would think we are returning an incomplete application for a nonexistent discharge. Right? What I am
concerned about is how do we handle it in BIMS. If we rescind it, doesn't the number get closed in
ICIS? Then, what happens if they apply and receive a new permit?
From: Weaver, Charles <[e-mail]>
Sent: Friday, July 10, 2020 9:46 AM
To: Hennessy, John <john.hen [e-mail]>; DelDuco, Emily <Emily.Del [e-mail]>
Subject: RE: Harris Plant void permit
Fine by me.
You'll have to tell them somehow, so what are you going to call the decision document?
Is it an incomplete application return?
If you're denying the renewal application, it has to go to Notice. If it's something else, just make sure you reference the
rule.
CHW
From: Hennessy, John <[e-mail]>
Sent: Friday, July 10, 2020 9:38 AM
To: Weaver, Charles <[e-mail]>; DelDuco, Emily <[e-mail]>
Subject: Re: Harris Plant void permit

See the rule below MANCAC(a)(3). Sorry Charles, but I disagree. I don't think there is a need, or even the
ability, to deny the permit. I think the rule clearly voids the permit and they have to start over. Thoughts?
15A NCAC 02H .0138 AUTHORIZATION TO CONSTRUCT PERMITS
(a) Authorization Required.
(1) After an NPDES permit has been issued by the Division of Water Resources in accordance with this Section,
construction of wastewater treatment facilities or additions thereto shall not begin until final plans and
specifications have been submitted to and an Authorization to Construct has been issued to the permittee by
the Division of Water Resources, except as provided in Subparagraph
(2) of this Paragraph. (2) No Authorization to Construct shall be required for facilities intended to treat
principally waste or sewage from an industrial facility whose discharge is authorized pursuant to an NPDES
permit.
(3) If an Authorization to Construct has not been applied for in accordance with the requirements of the
NPDES permit during the term of the permit, the permit shall be considered void upon expiration and future
actions shall be considered as a new application.
From: Weaver, Charles <[e-mail]>
Sent: Wednesday, July 8, 2020 2:54 PM
To: DelDuco, Emily <[e-mail]>
Cc: Hennessy, John <[e-mail]>
Subject: RE: Harris Plant void permit
If they fail to submit an EAA, or if the EAA s inadequate, I recommend we go to Notice with an Intent to Deny the
renewal. Danny has to sign the denial, but that makes the process defensible. We ask for information — they fail to
provide it — we deny the renewal.
Also, since this is a POTW, someone should bring M. Montebello up to speed on this situation.
CHW
From: DelDuco, Emily <[e-mail]>
Sent: Wednesday, July 8, 2020 2:25 PM
To: Weaver, Charles <[e-mail]>
Subject: Harris Plant void permit
Hey Charles,
This is the letter sent to Town of Forest City Harris Plant (NC0083275). Their previous renewal required that they make
certain upgrades to their treatment system before discharge.
I sent a draft to public notice in November last year. SELC sent comments in January (also attached, if you are interested)
arguing against issuing a renewal when we could not possibly predict what kind of waste they might be treating, etc. The
facility had not discharged in —13 years and was not in suitable shape to treat any waste. One of their most compelling
points was that there was no application for the required ATC.
This letter was sent after conversations with Jeff, Landon, and Drew.
Emily DelDuco
Division of Water Resources
Department of Environmental Quality
919-707-9125

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