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HomeMy WebLinkAboutNC0021229_IUP - Whaley Farm Brewery_20210601TOWN OF OLD FORT Control Authority and/or Municipality PERMIT Industrial User Pretreatment Permit (IUP) To Discharge Wastewater Under the Industrial Pretreatment Program F07 IUP Number 40 CFR Category(if Applicable) In compliance with the provisions of North Carolina General Statute 143-215.1, any applicable federal categorical pretreatment regulations, all other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Control Authority and/or Municipality Sewer Use Ordinance The following Industry, hereafter referred to by name or as the permittee: Industry name, permittee: WHALEY FARM BREWERY Facility Located at Street Address 178 CATAWBA AVE City OLD FORT State, Zip NC 28762 is hereby authorized to discharge wastewater from the facility located at the above listed address into the sanitary sewer collection system and the wastewater treatment facility of the Control Authority and/or Municipality listed below: IUP Control Authority and/or Municipality VVVVfP name: TOWN OF OLD FORT WWTP NPDES Number: NC0021229 VVVVfP Address: 38 CATAWBA AVE City, State, Zip OLD FORT NC 28762 in accordance with effluent limitations, monitoring requirements, and all other conditions set forth in Parts I, II, and III of this Industrial User Pretreatment Permit (IUP). Effective date, this permit and the authorization to discharge shall become effective at midnight on this date:. JUNE 1, 2021 Expiration date, this permit and the authorization to discharge shall expire at midnight on this date: MAY 31, 2026 ANTHONY WEST 5-19-21 Date signed WWTP ORC, PRETREATMENT DIRECTOR Title Industrial User Pretreatment Permit (IUP) PART I Specific Conditions IUP, PART I, OUTLINE: A.) B.) C.) D.) E.) F.) G.) IUP Basic Information IUP Modification History Authorization Statement Description of Discharges Schematic and Monitoring Locations Effluent Limits & Monitoring Requirements Definitions and Limit Page(s) notes A. IUP Basic Information: Receiving Control Authority & WWTP name : TOWN OF OLD FORT WWTP POTW NPDES # : NC0021229 IUP Name : WHALEY FARM BREWERY IUP Number : F07 IUP Effective date : JUNE 1, 2021 Pipe Numbers, list all regulated pipes: IUP Expiration date : MAY 31, 2026 IUP 40 CFR # (if applicable), or N/A: B. IUP History. A Complete Permit History is required): Effective Renewal or Description of changes over previous IUP. Date Modification JUNE 1, ISSUED 2021 2 Industrial User Pretreatment Permit (IUP) PART I Specific Conditions C.) Authorization Statement: 1.) The Permittee is hereby authorized to discharge wastewater in accordance with the effluent limitations, monitoring requirements, and all other conditions set forth in this Industrial User Pretreatment Permit (IUP) into the sewer collection system and wastewater treatment facility of the Control Authority and/or Municipality. 2.) The Permittee is hereby authorized to continue operation of and discharge wastewater from the following treatment or pretreatment facilities. These facilities must correspond to the treatment units listed on both the application and inspection forms. IU Treatment Units List all Treatment Units: Descriptions: NONE 3.) The Permittee is hereby authorized to, if required by the Control Authority and/or Municipality and after receiving Authorization to Construct (A to C) from the Control Authority and/or Municipality, construct and operate additional pretreatment units as needed to meet final effluent limitations. D.) Description of IUP Discharge(s): 1. Describe the discharge(s) from all regulated pipes. Pipe # 001 , Description of Discharge: LIQUID WASTES FROM PRODUCTION OF BEER/ MALT BEVERAGES. E.) Schematic and Monitoring Locations: The facility schematic and description of monitoring location(s) given below must show enough detail such that someone unfamiliar with the facility could readily find and identify the monitoring location(s) and connection to the sewer. Include and identify all regulated pipes. 3 IUP, Part 1 Section F: Effluent Limits and Monitoring Requirements The Permittee may discharge from this specific Pipe number according to these specific dates, effluent limits, and monitoring requirements Receiving POTW name => Receiving POTW NPDES # _> Effective date for these Limits => Expiration date for these Limits => OLD FORT WWTPIU name => NC0021229 JUNE 1, 2021 MAY 31, 2026 THE LIMITS ON THIS PAGE ARE, (Check one below): LIMITS for ENTIRE permit period => INTERIM Limits for period # 1 => INTERIM Limits for period # 2 => FINAL Limits Page => IUP#=> Pipe # => 40 CFR # => X X WHALEY FARM BREWERY F07 001 N/A if not applicable put N/A Concentration Limits Mass Limits Monitoring Frequency Daily Max Monthly Average Units Daily Max Monthly Average Units By Industry By POTW Sample Collection Method (C or G) Required Laboratory Detection Level 1 Flow N/A 0.01 MGD N/A EACH SAMPLE EVENT IND. H2O METER 2 BOD N/A N/A mg/1 167 LBS/DAY N/A EACH SAMPLE EVENT C 2.0 3 TSS N/A N/A Mg/1 209 LBS/DAY N/A EACH SAMPLE EVENT C 0.1 4 Temperature MONITOR N/A 1 DEG CELCIUS MONITOR 1 DEG CELCIUS N/A EACH SAMPLE EVENT G 1 * CELCIUS 5 PH MONITOR N/A STND UNITS MONITOR STND UNIT N/A EACH SAMPLE EVENT G 0.1 OTHER PARAMETERS; Please List Alphabetically 6 7 12 13 14 15 16 17 18 19 20 21 4 Industrial User Pretreatment Permit (IUP) PART I Specific Conditions G.) Definitions and Limit Page(s) notes: In addition to the definitions in the Town of Old Fort Sewer Use Ordinance the following definitions and requirements apply: 1. Composite Sample: Unless defined differently below, a composite sample for the monitoring requirements of this IUP, is defined as the automatic or manual collection of one grab sample of constant volume, not less than 100 ml, collected every hour during the entire discharge period on the sampling day. Sampling day shall be a typical production, and discharge day. 2. Composite Sample, alternative definition: A composite sample for the monitoring requirements of this IUP is the same as described above unless specifically defined below as the automatic or manual collection of constant volume and constant time grab samples collected and composited according to the following criteria: specific volume of each grab sample = specific time interval between samples = total duration of sample collection period = Total number of grab samples to be composited = Milliliters Hours Hours Samples 3. Daily Monitoring Frequency Daily Monitoring Frequency as specified in this IUP shall mean each day of discharge. 4. Grab Sample Grab sample for the monitoring requirements of this IUP, is defined as a single "dip and take" sample collected at a representative point in the discharge stream. 5. Instantaneous measurement An Instantaneous measurement for the monitoring requirements of this IUP is defined as a single reading, observation, or measurement. 5 Industrial User Pretreatment Permit (IUP) PART II General Conditions Outline of PART II, 1. Representative Sampling 2. Reporting 3. Test Procedures 4. Additional Monitoring by Permittee 5. Duty to comply 6. Duty to Mitigate 7. Facilities Operation, Bypass 8. Removed substances 9. Upset Conditions 10. Right of Entry 11. Availability of Records 12. Duty to provide information 13. Signatory Requirements 14. Toxic Pollutants 15. Civil and Criminal Liability 16. Federal and/or State Laws 17. Penalties 18. Need to Halt or Reduce 19. Transferability 20. Property Rights 21. Severability 22. Modification, Revocation, Termination 23. Reapplication 24. Dilution Prohibition 25. Reports of Changed Conditions 26. Construction of pretreatment facilities 27. Reopener 28. Categorical Reopener 29. General Prohibitive Standards 30. Reports of Potential Problems 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 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 approval by, the permit issuing authority. 2. Reporting a.) Monitoring results obtained by the permittee shall be reported on forms specified by the TOWN OF OLD FORT, postmarked no later than the twentieth day of the month following the month in which the samples were taken. If no discharge occurs during a reporting period (herein defined as each calendar month) in which a sampling event was to have occurred, a form with the phrase "no discharge" shall be submitted. Copies of these and all other reports required herein shall be submitted to the Control Authority and/or Municipality and shall be sent to the following address: TONY WEST PRETREATMENT DIRECTOR TOWN OF OLD FORT 38 CATAWBA AVE OLD FORT, NC 28762 b.) If the sampling performed by the permittee indicates a violation, the permittee shall notify the Control Authority and/or Municipality within 24 hours of becoming aware of the violation. The permittee shall also repeat the sampling and analysis and submit the results of the repeat 6 Industrial User Pretreatment Permit (IUP) PART II General Conditions analysis to the Control Authority and/or Municipality within 30 days after becoming aware of the violation. c.) If no self -monitoring is required by this IUP, and the sampling performed by the Control Authority and/or Municipality indicates a violation, the Control Authority and/or Municipality shall repeat the sampling and analysis and receive the results of the repeat analysis within 30 days after becoming aware of the violation. 3. Test Procedures Test procedures for the analysis of pollutants shall be performed in accordance with the techniques prescribed in 40 CFR part 136 and amendments thereto unless specified otherwise in the monitoring conditions of this permit. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be submitted to the Control Authority and/or Municipality. The Control Authority and/or Municipality may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 5. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Control Authority and/or Municipality Sewer Use Ordinance and is grounds for possible enforcement action. 6. Duty to Mitigate - Prevention of Adverse Impact 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, the POTW, the waters receiving the POTW's discharge, or the environment. 7. Facilities Operation, Bypass The permittee shall at all times maintain in good working order and operate as efficiently as possible, all control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. Bypass of treatment facilities is prohibited except when approved in advance by the Control Authority and/or Municipality. Bypass approval shall be given only when such bypass is in compliance with 40 CFR 403.17. 8. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutants from such materials from entering the sewer system. The permittee is responsible for assuring its compliance with any requirements regarding the generation, treatment, storage, and/or disposal of "Hazardous waste" as defined under the Federal Resource Conservation and Recovery Act. 9. Upset Conditions An "upset" means an exceptional incident in which there is an unintentional and temporary noncompliance with categorical Pretreatment Standards because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by 7 Industrial User Pretreatment Permit (IUP) PART II General Conditions operational error, improperly designed or inadequate treatment facilities, lack of preventative maintenance, or careless or improper operations. An upset may constitute an affirmative defense for action brought for the noncompliance. The permittee has the burden of proof to provide evidence and demonstrate that none of the factors specifically listed above were responsible for the noncompliance. 10. Right of Entry The permittee shall allow the staff of the State of North Carolina Department of Environmental Quality, Division of Water Resources, the Regional Administrator of the Environmental Protection Agency, the Control Authority and/or Municipality, and/or their authorized representatives, upon the presentation of credentials: 1. To enter upon the permittee's premises where a real or potential discharge is located or in which records are required to be kept under the terms and conditions of this permit; and 2. At reasonable times to have access to and copy records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants 11. Availability of Records and Reports The permittee shall retain records of all monitoring information, including all calibration and maintenance records as well as copies of reports and information used to complete the application for this permit for at least three years. All records that pertain to matters that are subject to any type of enforcement action shall be retained and preserved by the permittee until all enforcement activities have concluded and all periods of limitation with respect to any and all appeals have expired. Except for data determined to be confidential under the Sewer Use Ordinance, all reports prepared in accordance with terms of this permit shall be available for public inspection at the Control Authority and/or Municipality. As required by the Sewer Use Ordinance, effluent data shall not be considered confidential. 12. Duty to Provide Information The permittee shall furnish to the Director of Public Works or his/her designees, within a reasonable time, any information which the Director, his/her designee, or the Division of Water Resources may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish, upon request, copies of records required to be kept by this permit. 13. Signatory Requirements All reports or information submitted pursuant to the requirements of this permit must be signed and certified by the Authorized Representative as defined under the Sewer Use Ordinance. If the designation of an Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this section must be submitted to Town of Old Fort Pretreatment Director prior to or together with any reports to be signed by an authorized representative. 14. Toxic Pollutants If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Federal Clean Water Act 8 Industrial User Pretreatment Permit (IUP) PART II General Conditions for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit may be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 15. Civil and Criminal Liability Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. 16. Federal and/or State Laws 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 established pursuant to any applicable Federal and/or State law or regulation. 17. Penalties The Sewer Use Ordinance of the Control Authority and/or Municipality provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 dollars per day of such violation. Under state law, (NCGS 143-215.6B), under certain circumstances it is a crime to violate terms, conditions, or requirements of pretreatment permits. It is a crime to knowingly make 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. These crimes are enforced at the prosecutorial discretion of the local District Attorney. 18. 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 to maintain compliance with the conditions of the permit. 19. Transferability This permit shall not be reassigned or transferred or sold to a new owner, new user, different premises, or a new or changed operation without approval of the Town. 20. Property Rights 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. 21. Severability 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 circumstance is held invalid, the application of such provision to other circumstances and the remainder of this permit shall not be affected thereby. 22. Permit Modification, Revocation, Termination This permit may be modified, revoked and reissued or terminated with cause in accordance to the requirements of the Control Authority and/or Municipality Sewer Use Ordinance and North Carolina General Statute or implementing regulations. 23. Re -Application for Permit Renewal 9 Industrial User Pretreatment Permit (IUP) PART II General Conditions The permittee is responsible for filing an application for reissuance of this permit at least 180 days prior to its expiration date. 24. Dilution Prohibition The permittee shall not increase the use of potable or process water or in any other way attempt to dilute the discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this permit. 25. Reports of Changed Conditions The permittee shall give notice to the Control Authority and/or Municipality of any planned significant changes to the permittee's operations or system which might alter the nature, quality, or volume of its wastewater at least 180 days before the change. The permittee shall not begin the changes until receiving written approval from the Control Authority and/or Municipality. Also see Part II, 30 below for additional reporting requirements for spill/slug issues. Significant changes may include but are not limited to (a) increases or decreases to production; (b) increases in discharge of previously reported pollutants; (c) discharge of pollutants not previously reported to the Control Authority and/or Municipality; (d) new or changed product lines; (e) new or changed manufacturing processes and/or chemicals; or (f) new or changed customers. 26. Construction No construction of pretreatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Control Authority and/or Municipality and written approval and an Authorization to Construct (A to C) have been issued. 27. Reopener The permit shall be modified or, alternatively, revoked and reissued to comply with any applicable effluent standard or limitation for the control of any pollutant shown to contribute to toxicity of the WWTP effluent or any pollutant that is otherwise limited by the POTW discharge permit. The permit as modified or reissued under this paragraph may also contain any other requirements of State or Federal pretreatment regulations then applicable. 28. Categorical Reopener This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation 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 standard or limitation so issued or approved: 1.) contains different conditions or is otherwise more stringent than any effluent limitation in this permit; or 2.) controls any pollutant not limited in this permit. The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable. 29. General Prohibitive Standards The permittee shall comply with the general prohibitive discharge standards in 40 CFR 403.5 (a) and (b) of the Federal pretreatment regulations. 10 Industrial User Pretreatment Permit (IUP) PART II General Conditions 30. Potential Problems The permittee shall provide protection from accidental and slug discharges of prohibited materials and other substances regulated by this permit. The permittee shall also notify the POTW immediately of any changes at its facility affecting the potential for spills and other accidental discharge, discharge of a non -routine, episodic nature, a non -customary batch discharge, or a slug load as defined in the Sewer Use Ordinance. Additionally, the permittee shall notify by telephone the Control Authority and/or Municipality immediately of all discharges that could cause problems to the POTW including any slug loadings as defined in the Sewer Use Ordinance. If the permittee experiences such a discharge, they shall inform the Control Authority and/or Municipality immediately upon the first awareness of the commencement of the discharge. Notification shall include location of the discharge, type of waste, concentration and volume if known and corrective actions taken by the permittee. A written follow- up report thereof shall be filed by the permittee within five (5) days, unless waived by the Control Authority and/or Municipality. 11 Industrial User Pretreatment Permit (IUP) PART III Special Conditions 1 Slug/Spill Control Measures In addition to the requirements in Part II, 30, the Permittee shall complete installation and/or commence implementation, operation, and/or maintenance of the following specific protection Measures, Activities, Plans. Etc. (Items without specific completion dates, or marked as "Continuous." must be performed for the entire duration of the permit): Description of Measure, Activity, Plan, etc. Required Completion/ Implementation Date Submit Slug/Spill Control Plan in accordance with Sewer Use July 31, 2021 Ordinance [section 2.8(c)]; Implement upon WWTP approval; The permittee shall provide updates to the Control Authority as required by Part II, 30, of this IUP. Modifications to the measures shall be approved by the Control Authority prior to installation/implementation. If a measure fails, the Control Authority shall be notified within 24 hours. 2. Sludge Management Plan Ninety days prior to the initial disposal of sludge generated by any pretreatment facility, the permittee shall submit a sludge management plan to the Control Authority. 3. Flow Measurement Requirements (For SIUs currently without discharge flow meters) a.) Temporary Flow Measurement Method Until such time as discharge flow measurement devices for individual regulated pipes are required by the Control Authority, the permittee shall record the water meter reading providing water to the facility at the beginning and end of each composite sample collection time period, convert this to an estimate of the daily discharge flow for each pipe, and report this value on the discharge monitoring report form. 12 Industrial User Pretreatment Permit (IUP) PART III Special Conditions b.) Installation of Discharge Flow Measurement Devices If required by any of the following: the Control Authority, (1) Submit Plans to Control Authority within 60 days of notification. (2) Complete Installation within 60 days of approval. Use of production based Effluent Limits Use of Mass based Effluent Limits Use of Combined Wastestream Formula Effluent Limits the permittee shall install appropriate discharge flow measurement devices and methods consistent with approved scientific practices to ensure the accuracy and reliability of measurements of the volume of monitored discharges. Devices installed shall be a continuous recording flow meter capable of measuring flows with a maximum deviation of less than 10% from true discharge rates throughout the range of expected discharge volumes. The devices shall be installed, calibrated, and maintained to ensure accuracy. If a required flow measurement device fails, the Control Authority shall be notified within 24 hours. Modifications to the flow metering equipment shall be approved by the Control Authority prior to installation. 4. Certified Laboratory Analysis Pollutant analysis shall be performed by a North Carolina Division of Water Resources Certified Laboratory that is certified in the analysis of the pollutant in wastewater. 13 IUP Synopsis A. IUP Basic Information Receiving POTW name: TOWN OF OLD FORT WWTP POTWNPDES#: NC0021229 IUP name: WI-IALEY FARM BREWERY IUP Number: F07 IUP Effective date: JUNE 1, 2021 Pipe Numbers, list all regulated pipes: 001 IUP expiration date: MAY 31, 2025 IUP 40 CFR#, if applicable: B. IUP Survey & Application form Attach a completed copy of the Industrial User Wastewater Survey & Application Form (see appendix 6-A) C. IU Inspection form Attach a copy of an Industrial User Inspection Form (see chapter 7) completed by the Control Authority within the past 12 months. D. RATIONALE FOR LIMITATIONS: As listed on the IUP Limits Page(s), PART I, Section F of the IUP. RATIONALE #1: Review of IU Monitoring Data, with no Over Allocation situation: The following pollutants were assigned numerical limits in this IUP based on a review of monitoring data for the permittee to determine what ranges of concentrations are currently being discharged. To account for sample variability a factor was applied to the monitoring data to determine the permit limit. Permit limits assigned by the Local IUP Control Authority can not results in an Over Allocation situation for any pollutants. June 1, 2021 IUP Synopsis RATIONALE #2a: Categorical Industrial Limits, with no Over Allocation situation: Check here if Combined Wastestream Formula (CWF) or other categorical limits calculations were used. If used, Please attach calculations: (see CWF Spreadsheet, Appendix 6-F) Were used (attach calculations) Were not used The following pollutants were assigned numerical limits in this IUP based on the categorical regulations. These limits do not result in over allocations. RATIONALE #3a: Over Allocation Prevention, with IU pollutant reduction: The following pollutants were assigned numerical limits in this IUP based on allocating the Maximum Allowable Industrial Loading (MAIL) determined with the Headworks Analysis (HWA) among all Industrial Users. The total loading of each pollutant from all permitted discharges does not exceed the MAIL. These limits do not result on over allocations. BOD TSS FLOW RATIONALE #3b: Interim Limits for IU pollutant reduction: The following pollutants were assigned interim numerical limits in this IUP to allow time for the industry to come compliance with final limits that will not in over allocations. June 1, 2021 IUP Synopsis June 1, 2021 IUP Synopsis RATIONALE #4: 4.) Other Rationale for Limitations: The following rationale was used for developing IUP Limits. Parameter Rationale RATIONALE #5a: Non -Categorical Parameters where No Limit needed or assigned in an IUP: The following pollutants were not assigned numerical limits in this IUP because the loadings for these pollutants from this IU were less than 5% of the MAHL. The loading of these pollutants from this IU is considered insignificant at this time. Pollutant Flow Avg SIU mg/1 Avg SIU lbs/day 5% MAHL, lbs/day RATIONALE #5b: Categorical Parameters with Waived Monitoring: Monitoring is waived for the following categorical parameters (attach documentation of waiver justification). June 1, 2021