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Home My WebLink AboutNC0086053_Response to Comments_20210714SUMMARY OF PUBLIC COMMENTS AND DWR RESPONSES NCO086053 Introduction Pilot Travel Centers, LLC applied for renewal of NPDES permit NCO086053 (Permit) for its wastewater treatment plant (WWTP), located at 3712 Crabtree Road in Waynesville, N.0 (Haywood County). This WWTP discharged treated wastewater to Stingy Branch in the French Broad River Basin. After submitting its renewal application, the permittee closed its WWTP and terminated the discharge by connecting wastewater flows to a publicly owned treatment works (POTW). The permittee then demolished the WWTP. After the wastewater was routed to a POTW and closure of the WWTP was nearly complete, the permittee and Junaluska Sanitary District (JSD) submitted a request to have the Permit transferred to Junaluska Sanitary District via a minor modification/ownership name change. On June 2, 2021, the Division of Water Resources (DWR) public noticed its intent to revoke the Permit, deny Pilot Travel Center's pending renewal application, and deny a pending ownership/name change request. The notice was published in the The Mountaineer and the public comment period closed on July 2, 2021. DWR received four public comments. One comment was submitted by JSD, two comments by JSD customers, and one comment by Pilot Travel Center. The comments generally fall into six main categories. DWR's summary of the public comments and responses are below. Summary of Public Comments and DWR Responses 1. Comment: Pilot Travel Center transferred its Permit to JSD. Response: Both Pilot Travel Center and JSD commented that the permit had been transferred, primarily relying on a Sales Agreement. That Sales Agreement purports to transfer ownership of the Permit itself yet makes clear that there was no transfer of "any physical assets, such as piping, buildings, tanks, pumps, wwtp appurtnaces [sic]." However, applicable laws and the NPDES permit itself make clear that transferring an NPDES permit is a regulatory process requiring DWR action. Additionally, ownership or control of the facility has not changed under 40 CFR § 122.63(d). Under the circumstances here, the request asks DWR to transfer a NPDES permit where the discharge was eliminated and treatment facilities razed to authorize a potential new discharge of unknown wastewater quality and quantity from a potential new WWTP of unknown specification and location. 2. Comment: Support JSD having their own WWTP and ask DWR not to deny or revoke. Response: All the comments supported JSD having its own WWTP and asked DWR to not deny the Permit renewal and not revoke the Permit. None of DWR's proposed actions preclude JSD from following the appropriate process of applying for a new permit for a new WWTP and discharge that they may wish to pursue in the future. 3. Comment: DWR approved renewal of the Permit on September 29, 2020. Response: This is incorrect. Pilot Travel Center submitted its renewal application on July 24, 2020. DWR did not approve or issue a renewal of the Permit. DWR did not take action on the renewal application (until now) because the WWTP was being demolished and the wastewater being routed to JSD's collection system for treatment at Waynesville's POTW. 4. Comment: Pilot Travel Center did not eliminate or terminate its Permit. Response: DWR agrees —Pilot Travel Center did not eliminate or terminate the Permit, but it demolished the WWTP and eliminated the wastewater discharge that were authorized by the Permit. Accordingly, DWR noticed its intent to deny Pilot Travel Center's pending renewal application and to revoke the Permit. 5. Comment: JSD's comment related to the costs of utilizing the Waynesville WWTP and JSD's interactions with Waynesville. Response: As previously stated, none of DWR's proposed actions preclude JSD from following the appropriate process of applying for a new permit for a new WWTP and discharge that JSD may wish to pursue in the future. 6. Comment: JSD intends to pursue its own WWTP to support its customers. Response: As previously stated, none of DWR's proposed actions preclude JSD from following the appropriate process of applying for a new permit for a new WWTP and discharge that JSD may wish to pursue in the future. In addition, DWR is concerned that JSD applied for and received State funds for a collection system project where the express purpose was to eliminate NPDES permits, including this Permit. Yet, JSD is now asking DWR to transfer the Permit to JSD. Summary of Comments on Pilot/JSD Notice Comments from Company Comments • "transferred" permit to JSD so they could work on having a WWTP and Pilot Joey Cupp Pilot Travel supports this. • Ask DWR not to deny requests or revoke permit and to transfer to JSD • Owner of Sam's Mart and customer of JSD. Danny McElroy McElroy Inc. • In rural area and can't have business without access to sewer. • Support JSD having their own WWTP and ask DWR not to deny/revoke. 209 Crossing • Family owns property where Pilot Travel Center is located Ed Bryson LLC • Donated easement for Pilot connection to JSD • Support JSD having their own WWTP and ask DWR not to deny/revoke. • Claim DWR approved Pilot renewal on Sept 29, 2020 • Pilot connected to JSD in Sept 2019 but did not eliminate or terminate its permit. • Pilot worked with Brown Eng. on closure and with JSD on connection, and take over of permit. • JSD's intent is to have the option to pursue its own WWTP to support its customers. • Has offered to buy Waynesville WWTP or partner in expansion but not accepted. James Francis and JSD Board • Just a customer and arrangement will be costly to them and their customers. Chairman . Should not bear burden of Waynesville upgrades. . JSD working with County to provide public sewer services to the area. Can't do this Josh Nickol JSD Gen. Mgr. without cooperation from the Town of Waynesville. • Waynesville won't modify interlocal agreement until planning for upgrade is done. • JSD completed preliminary studies on providing treatment for their customers and debit service is far less than staying with the Town. • Would not result in additional flow because Waynesville flow would be reduced. • Understand name change is the first step and would have to work with DWR on permitting their own system. 0 Ask DWR to acknowledge transfer and not revoke.