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HomeMy WebLinkAboutWQ0002519_Permit (Issuance)_19941011State of North Carolina Defiartment of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director October 11, 1994 Mr. Frank Weber, President, Board of Governors Holiday Island Property Owners Association 5400 Holiday Island Hertford, NC 27944 Dear Mr. Weber: A7AA11111.1111 � I RECEIVED WASI ING ONOFFICE OCT 4 1994 Subject: Permit No. WQ0002519 Holiday Island Property Owners Association Constructed Wetlands Wastewater Treatment Facilities Perquimans County In accordance with your application received August 25, 1994, we are forwarding herewith Permit No. WQ0002519, dated October 11, 1994, to the Holiday Island Property Owners Association for the continued operation of a 10,000 GPD wastewater treatment facility and the construction and operation of a constructed wetlands disposal facility. This permit modification is for design changes to the constructed wetlands units. Please note this is an experimental technology and unique for this wastewater treatment facility. Issuance of this permit does not make this a standard technology approved by the Division to be used throughout the State. All subject facility disposal options will be reviewed prior to approval to insure they comply with the North Carolina environmental regulations. This permit shall be effective from the date of issuance until September 30 ,1998, shall void Permit No. WQ0002519 issued October 22, 1993, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. P.O. 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 One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Mr. Randy Kepler at (919) 733-5083. 1-0 a-OP-SQ--/s A. Pres n Howard, Jr., P.E. Sincerely, cc: Perquimans County Health Department Mr. Gerald Steiner, Tennessee Valley Authority Washington Regional Office, Water Quality Washington Regional Office, Groundwater Groundwater Section, Jack Floyd Training and Certification Unit Facilities Assessment Unit NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH CONSTRUCTED WETLANDS SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Holiday Island Property Owners Association Perquimans County FOR THE continued operation of a 10,000 GPD constructed wetlands wastewater treatment facility which consists of the following facilities: a collection system, an influent pump station, a 10,000 GPD extended aeration package wastewater treatment plant with residuals holding, a 10,000 gallon aerated holding tank, dual tertiary filters, dual effluent pumps with high water alarm, and approximately 2,700 linear feet of four inch force main; and the construction and operation of a constructed wetlands system which consists of a flow splitter box, three identical parallel constructed wetland cells consisting of approximately 8,500 square feet each with a total of three cells (each cell is 80 feet by 106 feet) with cell walls having a permeability of 10- 6 cm/sec. and a clay liner on the bottom, with effluent collection and distribution lines and all other piping, valves and appurtenances to serve the Holiday Island Property Owners Association facilities with no discharge of wastes to the surface waters, pursuant to the application received August 25, 1994, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part.of this permit. This permit shall be effective from the date of issuance until September 30 ,1998, void Permit No. WQ0002519, which was issued October 22, 1993, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. 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 this permit, the approved plans and specifications, and other supporting materials. Mail the Certification to the Water Quality Permits and Engineering Unit, P.O. Box 29535, Raleigh, NC 27626-0535. 2. The Washington Regional Office, telephone number 919-946-6481, 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. 3. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective actions including those actions that may be required by the Division of Environmental Management, such as the construction of additional or replacement wastewater treatment and disposal facilities. 4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting from the operation of this facility. 5. This permit shall become voidable if the soils fail to adequately assimilate the wastes and may be rescinded unless the facilities are installed, maintained, and operated in a manner which will protect the assigned water quality standards of the surface waters and ground waters. 6. Adequate measures shall be taken to divert stormwater from the disposal area and prevent wastewater runoff from the disposal area. 7. The residuals generated from these treatment facilities must be disposed in accordance with General Statute 143-215.1 and in a manner approved by the North Carolina Division of Environmental Management. 8. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 9. The following buffers shall be maintained: a) 100 feet between disposal area and any public or private water supply including wells b) 100 feet between disposal area and "SA and SB" classified surface waters c) 50 feet between disposal area and any stream, lake, river or natural drainageway d) 50 feet between disposal area and property lines e) 10 feet between disposal area and surface water interceptor drains or diversions (upslope) f) 25 feet between disposal area and surface water interceptor drains or diversions (downslope) and groundwater drainage systems.. Some of the buffers specified above may not have been included in previous permits for this waste treatment and disposal system. These buffers are not intended to prohibit or prevent modifications, which are required by the Division, to improve performance of the existing treatment facility. These buffers do, however, apply to modifications of the treatment and disposal facilities which are for the purpose of increasing the flow that is tributary to the facility. These buffers do apply to any expansion or modification of the facilities and apply in instances in which the sale of property would cause any of the buffers now complied with, for the treatment and disposal facilities, to be violated. The applicant is advised that any modifications to the existing facilities will require a permit modification. II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. 2. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type and grade to comply with the conditions of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the 2 facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202. Once the facility is classified, the Permittee must submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 3 . The application rates to the wetland cells shall not exceed 0.93 GPD per square foot, or an application rate which will result in a discharge to surface waters, whichever is less. 4. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. 5. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. 6. The screenings removed from the wastewater treatment plant shall be properly disposed in a sanitary landfill. 7 . The Division of Environmental Management maintains the right to require that appropriate dual source, dual feed, or standby power provisions be included for these facilities, should one of these options become necessary for the protection of the health of the citizens of North Carolina or its natural resources. 8. The flow measurement device shall be calibrated annually by a representative of a firm which is routinely engaged in the calibration of flow measurement devices. Records of the calibration, including all information pertinent to the calibration, shall be available during any inspection by Division staff. 9. Diffusers shall be cleaned as needed to assure adequate aeration. Records of maintenance shall be maintained by the permittee. 10. The clarifier weir and scum baffle shall be cleaned as needed to assure adequate operation of the facility. The walls of the clarifier will also be scraped as needed. Records of maintenance shall be maintained by the permittee. III. MONITORING AND REPORTING REQUIREMENTS 1. Any monitoring deemed necessary by the Division of Environmental Management to insure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. 2. Adequate records shall be maintained by the Permittee, which shows all maintenance performed at the wastewater treatment and disposal facilities. 3 . As an indicator of proper operation and maintenance, the facility shall produce and effluent from the wetlands treatment system in compliance with the following limitations: Parameter Monthly Averagea Daily Maximumb Flow 0.010 MGD BOD5 10 mg/1 15 mg/1 TSS 20 mg/1 30 mg/1 NH3 as N 4 mg/1 6 mg/1 a Monthly average shall be the arithmetic mean of all samples collected during the reporting period. b Daily maximum shall be the maximum value of all samples collected during the reporting period. 3 The effluent from the subject facilities shall be monitored, by the Permittee, at the point prior to discharge to the constructed wetlands area for the following parameters: Parameter Sampling Point Sampling Frequency Type of Sample BOD5 (5-day, 20°C) Effluent *2/Month Composite TSS Effluent *2/Month Composite NH3 as N Effluent *2/Month Composite Total N Effluent ** Grab Total P Effluent ** Grab Fecal Coliform Effluent *2/Month Grab Settleable Matter Effluent Daily Grab pH Effluent Daily Grab * ** 2/Month sampling frequency only during the months of April through October. During the remainder of the year, these parameters shall be monitored monthly. Sampling shall occur every April, August and December for these parameters. 4. The package treatment plant shall be monitored by grab sample as follows: ** Flow Daily BOD Monthly TSS Monthly Fecal Coliform Monthly NH3 as N Monthly Total N ** Total P ** Sampling shall occur every April, August and December for these parameters. 5. Three copies of all operation and maintenance recorded (as specified in condition 111.2) and all effluent monitoring data (as specified in condition III 3 and III 4), shall be submitted on or before of the last day of the month following sampling to the following address: NC Division of Environmental Management Water Quality Section Facility Assessment Unit Post Office Box 29535 Raleigh, N.C. 27626-0535 6. A record shall be maintained of all residuals removed from this facility. The record shall include the name of the hauler, the permit authorizing the disposal or a letter from a municipality agreeing to accept the residuals, the date the residuals were hauled, and the volume of residuals removed. 7. A maintenance log shall be maintained at this facility including, but not limited to, the following items: a. Daily sampling results including settleable matter, and dissolved oxygen in the aeration basin and at the clarifier weir; b. Visual observations of the plant, plant site, and wetland treatment cells; 4 c. Record of preventative maintenance (changing of filters, adjusting belt tensions, alarm testing, diffuser inspections and cleanings, etc.); d . Date of calibration of flow measurement device; e. All maintenance performed on the wetland treatment system, including the harvesting and replacement of wetland cell vegetation. 8. Noncompliance Notification: The Permittee shall report by telephone to the Washington Regional Office, telephone number 919-946-6481, 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: a. Any occurrence at the wastewater treatment facility which results in the treatment of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a basin or tank, 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 renders 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 of all or any portion of the influent to such station or facility; or d. Any time that self -monitoring information indicates that the facility is not in compliance with its permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days followingfirst knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. GROUNDWATER REQUIREMENTS 1. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 2. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under General Statute 143-215.6A. In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require remediation action on the part of the permittee. V. INSPECTIONS 1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper operation of the subject facilities. 5 2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of three years from the date of the inspection and shall be made available upon request to the Division of Environmental Management or other permitting authority. 3. Any duly authorized officer, employee, or representative of the Division of Environmental Management may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the disposal site or facility at any reasonable time for the purpose of determining compliance with this permit, may inspect or copy any records that must be maintained under the terms and conditions of this permit, and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Environmental Management accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 4. A set of approved plans and specifications for the subject project must be retained by the Permittee for the life of the project. 5. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15A NCAC 2H .0205 (c)(4). 6. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 7. The subject wastewater treatment and disposal facilities shall be connected to an operational publicly owned wastewater collection system within 180 days of its availability to the subject facilities, if the subject wastewater treatment or disposal facilities are in noncompliance with the terms and conditions of this non -discharge permit or the governing statutes or regulations. Prior to the initiation of these connection activities, appropriate approval must be received from this Division. 8. The issuance of this permit 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. 9. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the 6 facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. 10. Prior to beginning construction of these facilities, the Permittee shall arrange a pre - construction conference between representatives of the Holiday Island Property Owners Association, the consulting engineer, the contractor, and the Washington Regional Office. 11. If at any time in the future this constructed wetlands disposal system ceases to work adequately as a non -discharge system and to protect the water quality of the State, the Holiday Island Property Owners Association shall investigate connection to a municipality collection system, choose the best system, and connect. 12. The Operational Agreement between the Permittee and the Environmental Management Commission is incorporated herein by reference and is a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statute 143-215.6(a) to 143-215.6(c) for violation of or failure to act in accordance with the terms and conditions of this Permit. Permit issued this the eleventh day of October, 1994 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION a • A. Preston oward, Jr., P.L., Director Division o nvironmental Management By Authority of the Environmental Management Commission Permit Number WQ0002519 7 Permit No. WQ0002519 October 11, 1994 ENGINEER'S 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 this permit, the approved plans and specifications, and other supporting materials. Signature Registration No. Date 8 STATE OF NORTH CAROLINA COUNTY OF PERQUIMANS Permit No. (kUnnt 579 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (d1) and entered into this day of , 1994, by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and Holiday Island Property Owners Association, a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: 1. The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the subdivision known as Holiday Island (hereinafter the subdivision); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to common ownership, including the Disposal System; and of collecting utility fees approved by the North Carolina Utility Commission (hereinafter Utility Commission) to provide funds for such operation, maintenance, re -construction and repair. The Association owns and operates the Disposal System under the name of Holiday Island Water and Sewer Company (hereinafter the Company), a public utility regulated by the UTILITY COMMISSION, for the benefit of property owners in Sections H, P and R of the subdivision (hereinafter Camping Sections). The Company does NOT serve the Residential Sections. 2. The ASSOCIATION desires to construct and/or operate a wastewater collection system with pumps, wastewater treatment works and/or disposal facilities (hereinafter Disposal System) to provide sanitary sewage disposal to serve the Camping Sections of the Development on said lands. 3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-215.1 to construct, maintain, and/or operate the Disposal System. ;? 4. The Subdivision was created subject to common ownership in the improvements and land through recording of Declarations of Restrictive Covenants (hereinafter Declaration) in the office of the Register of Deeds in Perquimans County. Distinct Declarations were recorded for Camping Sections and Residential Sections. 5. The COMMISSION desires to assure that the Disposal System of the Subdivision is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NO%V, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: 1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION; and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The ASSOCIATION shall provide in the Declaration and the Rules and Regulations of the Company that the Disposal system and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Rules and Regulations of the Company shall identify the entire wastewater treatment, collection and disposal system as a common element which will receive the highest priority for expenditures by the Company except for Federal, State and local taxes, and insurance. 3. The ASSOCIATION shall provide in the Declaration and the Rules and Regulations of the Company that the Disposal System will be maintained out of the common expenses of the Company. In order to assure that there shall be funds readily available to repair, maintain or construct the Disposal System, beyond the routine operation and maintenance expenses, the Rules and Regulations of the Company shall provide that a separate fund be created out of the special assessments established by the Utility Commission. Such fund shall be separate from the routine maintenance allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and the separate fund are not adequate for the construction, repair and maintenance of the Disposal System, the Rules and Regulations of the Company shall provide for special assessments as authorized by the Utility Commission to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Rules and Regulations shall provide that the application for such special assessments can be made to the State Utilities Commission as necessary at any time. 5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system; and shall convey or transfer as much of the Disposal System, and such necessary easements as the governmental until may require as condition of accepting the Development's wastewater. 6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provisions for the continued operation of the Disposal System, the Association will not enter into voluntary dissolution without first applying to the Utilities Commission for approval to transfer the responsibility for the Disposal System to a government agency, emergency operator or to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of. its Disposal System until a suitable governmental system is available or until a permit has been reissued to the ASSOCIATION's successor. 8. The agreements set forth in numbered paragraphs 1,2,3,4,5,6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the County where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL Fi M'/( w �aai MANAGEMENT COMMISSION Name of ASSOCIATION President By: A. Preston Howard, Jr., P . E. , Director Signature Division of Environmental Management (Date) i/u Authorized by ASSOCIATION Board of Governors �7) /797 Date)