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HomeMy WebLinkAboutWQ0034386_Final Permit_20211122ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director JOHN P. CRAFT — TOWN MANAGER TOWN OF LA GRANGE POST OFFICE BOX 368 LA GRANGE, NORTH CAROLINA 28551 Dear Mr. Craft: NORTH CAROLINA Environmental Quality November 22, 2021 Subject: Permit No. WQ0034386 La Grange WWTP Reclaimed Water Generation and Conjunctive Utilization System Lenoir County In accordance with your permit renewal request received August 30, 2021, we are forwarding herewith Permit No. WQ0034386 dated November 22, 2021, to the Town of La Grange for the continued operation of the subject reclaimed water conjunctive utilization facilities. Please note that this renewed permit shall become effective on January 1, 2022 (i.e., the day after the expiration date of the existing permit). This permit shall be effective from January 1, 2022 through February 29, 2028, shall void Permit No. WQ0034386 issued September 23, 2019, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than September 2, 2027. Please pay attention to the monitoring requirements listed Attachments A and B for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The following Attachments have been modified since the last permit issuance dated September 23, 2019: ➢ Attachment B — The owners for Fields A and B have been updated. If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall 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 at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. D � North Carolina Department of Environmental Quality i Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA ©.'roMtor 919,707,9000 Mr. John Craft November 22, 2021 Page 2 of 2 If you need additional information concerning this permit, please contact Poorva Mokashi at (919) 707-3661 or poorva.mokashikncdenr.gov. Sincerely, S. Daniel Smith, Director Division of Water Resources cc: Lenoir County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER GENERATION AND CONJUNCTIVE UTILIZATION 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 Town of La Grange Lenoir County FOR THE continued operation of a 330,000 gallon per day (GPD) reclaimed water generation and conjunctive utilization facility consisting of: the reclaimed water generating facility permitted under NC0021644; a reclaimed water pump station at the existing wastewater treatment plant site; a 15-foot by 15-foot precast wet well; two wet well pumps; approximately 9,000 liner feet (LF) of 10-inch reclaimed water force main to convey reclaimed water to the irrigation fields; a 72.52 spray irrigation area consisting of three fields with 19 risers and two traveling guns; and all associated piping, valves, controls, and appurtenances to serve the La Grange WWTP, with no discharge of wastes to surface waters, pursuant to the application received August 30, 2021, and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from January 1, 2022 through February 29, 2028, shall void Permit No. WQ0034386 issued September 23, 2019, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. The Permittee shall request a permit modification in the event the Town of LaGrange ceases to maintain control of reclaimed water irrigation of Fields A or B. [15A NCAC 02U .0501(a)(6)] 2. The Permittee shall request renewal of this permit on Division -approved forms no later than September 2, 2027. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS The Permittee shall maintain and operate the subject reclaimed water facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement reclaimed water utilization facilities, or cessation of reclaimed water utilization activities. [15A NCAC 02T .0108(b)(1)(A)] WQ0034386 Version 3.0 Shell Version 200201 Page 1 of 10 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A. [15A NCAC 02U .0301] 4. Reclaimed water shall only be utilized at the sites and for the activities specified in Attachment B. [ 15A NCAC 02U .0401(g)] 5. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)] 6. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped, or otherwise marked to identify the source of the water as being reclaimed water as follows: a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER - DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated every three feet or less; b. Identification tape shall be at least three inches wide and have white or black lettering on purple (Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT DRINK". Identification tape shall be installed on top of reclaimed water pipelines, fastened at least every 10 feet to each pipe length and run continuously the entire length of the pipe; and c. Existing underground distribution systems retrofitted for the purpose of convey reclaimed water shall be taped or otherwise identified as noted in IL6.a. and IL6.b. This identification need not extend the entire length of the distribution system but shall be incorporated within 10 feet of crossing any potable water supply line or sanitary sewer line. [15A NCAC 02U .0403(c)] 7. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits operation by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U .0403(d)] 8. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -potable quality. As an alternative to the use of locked vaults with standard hose bib services, other locking mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and labeled as non -potable water. [15A NCAC 02U .0403(e)] 9. There shall be no direct cross -connections between the reclaimed water and potable water systems, unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A NCAC 02U .0403(f)] 10. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below any water line if practicable. If these separation distances cannot be met, the piping and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U .0403(g), 02U .0403(h)] 11. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)] 12. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with 15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .04030)] WQ0034386 Version 3.0 Shell Version 200201 Page 2 of 10 13. Reclaimed water irrigation fields permitted on or after September 1, 2006, have compliance and review boundaries established at the irrigation area boundaries. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02U .0501(a)(6), G.S. 143-215.1(1), G.S. 143-215.1(k)] 14. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [ 15A NCAC 02L .0107(c)] 15. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 16. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Lenoir County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] 17. The facilities herein were permitted per the following setbacks: a. The reclaimed water irrigation sites were originally permitted January 27, 2010. The setbacks for spray irrigation sites originally permitted or modified from September 1, 2006 to June 17, 2011 are as follows (all distances in feet): i. Surface waters classified SA: 100 ii. Surface waters not classified SA: 25 iii. Each well with exception of monitoring wells: 100 [15A NCAC 02T .0912(b)] b. The storage and treatment units were originally permitted January 27, 2010. The setbacks for storage and treatment units originally permitted or modified from September 1, 2006 to June 17, 2011 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 100' ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 50 2 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02T .0912(a)] WQ0034386 Version 3.0 Shell Version 200201 Page 3 of 10 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02U .0101] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the operation of the system in detail to show what operations are necessary for the system to function and by whom the operations are to be conducted; b. A description of anticipated maintenance of the system; c. Provisions for safety measures, including restriction of access to the site and equipment; and d. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation, and contact information for personnel, emergency responders, and regulatory agencies; [15A NCAC 02U .0801(a)] Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T .0117] 4. An operator certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours per day. [15A NCAC 02U .0401(e)] 5. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U .0801(b)] 6. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02U .0801(c)] 7. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a condition that will cause ponding or runoff. [15A NCAC 02U .0401(k)] 8. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02U .0801(d)] 9. Only reclaimed water generated from the La Grange WWTP (Permit No. NC0021644) shall be utilized at the sites and for the activities specified in Attachment B. [15A NCAC 02U .0101] 10. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [15A NCAC 02U .0801(e)] 11. The Permittee shall prohibit public access to the wastewater treatment and storage facilities. [15A NCAC 02T .0108(b)(1)(A)] 12. Public access to reclaimed water utilization sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. [15A NCAC 02U .0501(a)(2)] 13. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [I 5A NCAC 02T .1100, 02U .0802]. WQ0034386 Version 3.0 Shell Version 200201 Page 4 of 10 14. The Permittee shall not divert or bypass untreated or partially treated reclaimed water from the subject facilities unless diverted to an alternate treatment or collection system. [15A NCAC 02T .0108(b)(1)(A)] 15. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02U .0801(g)] 16. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)] 17. An automatically activated standby power source or other means to prevent improperly treated wastewater from entering the storage, distribution, or utilization system shall be provided. [15A NCAC 02U .0401(d)] 18. Continuous online monitoring and recording for turbidity or particle count and flow shall be provided prior to storage, distribution, or utilization of reclaimed water. [15A NCAC 02U .0401(b)] 19. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be prohibited from entering the storage, distribution, or utilization system, and shall be disposed of in accordance with Permit No. NCO021644 until the reclaimed water standards are met at the generating facility. [15A NCAC 02U .0401(c)] 20. The Permittee shall provide notification to the public and its employees about the use of reclaimed water, and that reclaimed water is not intended for drinking. Such notification shall be provided to employees in a language they can understand. [15A NCAC 02U .0501(a)(2)] 21. The Permittee shall develop and implement an education program to inform users and its employees about the proper use of reclaimed water. Educational material shall be provided to all residents and/or other facilities provided with reclaimed water, and these materials shall be maintained consistent with the reclaimed water uses. All educational materials shall be made available to the Division upon request. [15A NCAC 02U .0501(a)(4)] 22. Land application of effluent shall be on property controlled by the generator unless an easement is provided in accordance with 15A NCAC 02L .0107. [15A NCAC 02U .0501(a)(6)] WQ0034386 Version 3.0 Shell Version 200201 Page 5 of 10 IV. MONITORING AND REPORTING REQUIREMENTS The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [ 15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the generated reclaimed water at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of reclaimed water utilized and shall include the following information: a. Date reclaimed water utilized; and b. Volume of reclaimed water utilized to each site specified in Attachment B (monthly total). Monthly tracking records shall be summed and reported on Form NDMR (see Attachment A) under parameter WQO1 (Flow, Reclaimed Water Distributed). This value shall represent the total volume of reclaimed water distributed for that month. [ 15A NCAC 02T .0108(c)] 6. Three copies of all monitoring data (as specified in Conditions IV.3., IVA., and IV.S) on Form NDMR for each PPI shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [I5A NCAC 02T .0105(l)] 7. Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the reclaimed water generation and dedicated utilization facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. This report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [G. S . 143 -215.1 C(a)] WQ0034386 Version 3.0 Shell Version 200201 Page 6 of 10 8. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02U .0802(b)] 9. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of irrigation equipment calibration; c. Date of turbidimeter calibration; d. Date and results of power interruption testing on alternate power supply; e. Visual observations of the site; £ Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.); and g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date of occurrence, estimated volume, and corrective action taken. [15A NCAC 02U .0801(h)] 10. The Permittee shall develop and maintain a routine review and inspection program for offsite users of conjunctive reclaimed water. An inspection log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Visual observations of the reclaimed water user sites; and b. Record of preventative maintenance (e.g., pump and valve maintenance, cross connection control, etc.). [15A NCAC 02U .0801(i)] WQ0034386 Version 3.0 Shell Version 200201 Page 7 of 10 11. Noncompliance Notification: The Permittee shall report to the Washington Regional Office, telephone number (252) 946-6481, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any failure resulting in a discharge untreated or partially treated wastewater to surface waters. d. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance with Condition IV.9.g. but do not require Regional Office notification. e. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. f. Ponding in or runoff from the irrigation sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Washington Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)] V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the reclaimed water utilization facilities. [15A NCAC 02U .0801(i)] 2. The Permittee shall inspect the reclaimed water utilization facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02U .0801(h), 02U .0801(1)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the reclaimed water utilization facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] WQ0034386 Version 3.0 Shell Version 200201 Page 8 of 10 VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] 5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02U; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: I. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] WQ0034386 Version 3.0 Shell Version 200201 Page 9 of 10 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 22"d day of November 2021 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 74e'eei5e� -D, jz S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0034386 WQ0034386 Version 3.0 Shell Version 200201 Page 10 of 10 0 sue'. a� i z p; U U U d z O CO CIAN N N U � N cl cl A cl w � o w ci G7 co .7 W CO J � C � O � a � z tj u CG N H o C U c�a w w v z V H O M O O O U a W d z u � y A A a w � o w G7 O H 41 O O O . nay y •� by � C � a � � A Q 3 w A � w � w ° w w a� 3 F P; W d u � O u y A A a w � o w G7 O H 41 G' O w � O � by � C � � A Q � u 3 H a � w A � w � w ° w w a� 3 w a 9 O O O U U U P4 O O O y Q Q Q bUp bUp bUp s. a Q Q Q Q � � z z z 00 00 00 Oo Oo Oo N N N O O o N M CO CL 00 00 O O M N O00 bD 00 00 o0 o o o l— N 't 00 00 14) en 00 O r- en 1 � M M M F� V1 Vl Vl M M M U N � N W cd G=r IF —4 N u fr11; E9�CL Q/ a d U m gEsg U vJ cu T O m N Z E ii m ii m o ° ate' > > o > o a m Off' Q Q o a o`m m v m o m n o m 9 ill' v U) to tom cn m �n a � a m m t7 � z z z a�� � E� d p 1 m J I DU 00001100�1 axamm om d 3 �e m z 0 2" ao J _ Fli'21ON'E06'.IMH ¢ •. n J J /I CK O OOL `N� QQ 1ST �• �OQ' ; , U Z a° ooc s ------------------ r: b. oot _ N O /�l �Z. _ `���a 3H%JJJ�/VL(2LVW-'_-_____ ;' �`%' '�S j,,Q� ;i��O�-. �O`•O= - JWl h 2 RI u /f kt �� f 1S S38aOd ISrSH O b` J. r138LOji' ��O O� /.'/\ AGREEMENT FOR PURCHASE AND USE OF RECLAIMED WATER STATE OF NORTH CAROLINA COUNTY OF LENOIR CONTRACT BETWEEN: TOWN OF LA GRANGE AND MS, MARTHA LYNN JONES HORNE THIS CONTRACT, made d entered i to this th ��(''day of, 2021, G' and effective until the � ay of , 2031 by and bet en Ms. Martha Lynn Jones Horne, hereinafter called and re rred to as the CUSTOMER, and Town of La Grange, North Carolina, hereafter called and referred to as the TOWN. WITNESSETH THAT: WHEREAS, the CUSTOMER has use for clean water that is not potable drinking water for irrigation on the property of CUSTOMER located at E King Street in La Grange, NC (Parcel #3567-30-6600), and WHEREAS, the TOWN is able to, and routinely does, treat wastewater to a very high standard which is suitable for many public and private uses as reclaimed water as allowable under the statutes of the State of North Carolina, and WHEREAS, the TOWN and CUSTOMER mutually recognize that there are both environmental and economic benefits for using water derived from sources other than new surface water or groundwater withdrawals to meet the clean water use of the CUSTOMER, NOW THEREFORE, in consideration of mutual promises herein contained, the parties contract and agree as follows: 1.0 RECLAIMED WATER QUANTITY A. The TOWN will make available to the CUSTOMER a quantity of reclaimed water of up to a daily maximum of 240,000 gallons per day. B. The minimum daily quantity made available by the TOWN shall be any amount requested by the CUSTOMER below the defined maximum amount or the total amount of reclaimed water meeting State reclaimed water standards produced by the TOWN minus reclaimed water to be used by the TOWN for its own purposes, whichever is less. C. The minimum and maximum reclaimed water quantities shall be reviewed annually and subject to adjustment to meet the needs of the TOWN and CUSTOMER. In no event shall the minimum or maximum daily quantities of reclaimed water available to CUSTOMER be modified without consent of CUSTOMER. D. In the event additional customers desire to obtain reclaimed water from the same transmission line as that which serves the CUSTOMER, the minimum and maximum reclaimed water quantities available to the CUSTOMER shall be reviewed and subject to adjustment to meet the needs of the TOWN and CUSTOMER. In no event shall the minimum or maximum daily quantities of reclaimed water available to CUSTOMER be modified without consent of CUSTOMER. E. Maximum reclaimed water quantity made available to CUSTOMER for irrigation of Fields "A" and "B" shall in no circumstance exceed the maximum permitted amount for these areas under the TOWN's Reclaimed Water Application Permit # NC0021644. 2.0 RECLAIMED WATER QUALITY A. The TOWN will supply reclaimed water meeting the standards established by the State of North Carolina for reclaimed water given in the State of North Carolina Administrative Code (15A NCAC 02T.0906) to the transmission system. Should the reclaimed water quality not meet the referenced standards, the Town shall immediately cease distribution of the reclaimed water in accordance with the referenced standards. B. The TOWN will make readily available to the CUSTOMER results of all testing done on the reclaimed water at the wastewater treatment plant, and will make samples of reclaimed water available to the CUSTOMER for any additional testing the CUSTOMER needs to determine ongoing suitability of the reclaimed water for its purposes. C. CUSTOMER agrees to indemnify the TOWN with respect to and hold the TOWN harmless from any claim or demand arising out of CUSTOMER'S purchase or use of reclaimed water from the TOWN, including but not limited to, the amount of any such claim including interest and all attorneys' fees, court costs, experts' costs, and other costs related to the TOWN's defending against such claim whether in litigation or not. 3.0 RECLAIMED WATER CHARGE A. The charge for reclaimed water the first 1 year(s) of operation will be $0.00 per one thousand (1,000) gallons, paid on a monthly billing cycle. The charge for reclaimed water will be subject to an annual adjustment thereafter. B. Any increase in rate which raises the charge to an amount greater than $0.00 per one thousand (1,000) gallons shall result in an average monthly charge, based on established actual monthly average usage, which does not exceed the actual cost of operation and maintenance of the reclaimed water pumping and distribution system. Verification of the actual cost of operation and maintenance shall be the responsibility of the TOWN, and shall be based on actual electrical consumption records and maintenance logs. C. If an annual adjustment is made to the reclaimed water charge in any subsequent year after the charge is raised to an amount greater than $0.00 per one thousand (1,000) gallons, the increase shall be in direct proportion to the TOWN's increased costs for operation and maintenance of the reclaimed water pumping and distribution system, but will not increase in any one year more than the increase in the Consumer Price Index for the preceding year. 4.0 RECLAIMED WATER SUPPLY FACILITIES A. The TOWN will provide for construction, operation and maintenance of a reclaimed water pump station at the WWTP site. Ownership of the pump station shall remain with the TOWN. 5.0 ONSITE PIPING REQUIREMENTS AND INSPECTIONS A. Prior to commencement of regular reclaimed water service, the CUSTOMER shall cooperate with the TOWN in performing any cross -connection control inspections that may be required. If any cross -connections exist, the CUSTOMER potable water connection shall be temporarily cut-off, and the reclaimed connection turned on. Potable water use points (faucets, sinks, hose bibs, etc.) will then be operated to ascertain that there is no pressure on the potable water system. After successful completion of the tests, the potable water service will be restored. This cross connection inspection shall be repeated annually, or at any time a cross -connection is suspected. The TOWN will schedule such inspections at such times as to minimize the disruption of the CUSTOMER's normal business processes. 6.0 TRAINING A. The TOWN shall develop and implement an employee training program for any employee of the CUSTOMER that might reasonably be expected to come in contact with reclaimed water. Training shall at a minimum consist of explaining the nature of reclaimed water, and emphasize that it should not be used for such potable water uses as drinking. Additional employee training by TOWN may be required, and shall be provided by TOWN, in full accordance with the provisions of all NCDENR permit requirements issued directly to the TOWN. B. The TOWN will make available to the CUSTOMER any standardized training materials that it develops, and will cooperate with the CUSTOMER in arranging tours of the TOWN wastewater reclamation facilities, should the CUSTOMER wish to make such tours as part of any training program the TOWN develops. 7.0 USE OF TOWN OWNED TRAVELING SPRINKLER IRRIGATION UNITS ON CUSTOMER OWNED PROPERTY A. The TOWN will make available for use by the CUSTOMER, two (2) traveling sprinkler irrigation machines. During operation on the property of CUSTOMER for purposes of irrigation, CUSTOMER shall bear the responsibility for any and all fuel costs and labor associated with moving, setting or operating the units, unless otherwise negotiated with the TOWN. Ownership, routine maintenance and storage of the traveling sprinkler units shall remain with the TOWN. B. Operation of the traveling sprinkler irrigation units on CUSTOMER property shall be fully coordinated by the CUSTOMER with the TOWN, and shall fully comply with the requirements of the TOWN's Reclaimed Water Application Permit No. NC0021644. C. The TOWN will provide readings of reclaimed water meters located on CUSTOMER property with a frequency for reporting purposes as required by the TOWN's Reclaimed Water Application Permit No. NC0021644. 8.0 RELIABILITY AND CHANGES IN RECLAIMED WATER STANDARDS & REQUIREMENTS A. The TOWN will endeavor to make its reclaimed water supply as reliable as is practical. However, the TOWN can not and does not guarantee that there will be no interruption in service of reclaimed water. The Town shall not be liable for an interruption in service. B. The TOWN is entering into this agreement based on its understanding of the State and Federal Rules governing reclaimed water systems in effect at the time of execution of this agreement. Should there be any change in either the State or Federal rules, or in the TOWN's understanding of those rules, this agreement shall be deemed amended so as to be consistent with all State and Federal rules. The parties agree to sign an amendment to bring it into conformity with State and Federal rules. IN WITNESS WHEREOF, the CUSTOMER and TOWN have executed this Agreement in multiple copies as of the date first above written. MS. MARTHA LYNN JONES HORN ATTEST MS. MARTHA LYNN JONES HO AGREEMENT FOR PURCHASE AND USE OF RECLAIMED WATER STATE OF NORTH CAROLINA COUNTY OF LENOIR CONTRACT BETWEEN: TOWN OF LA GRANGE AND MS. ELEANOR J. WALMSLEY f) THIS CONTRACT, made entered in this the li day of ,s , 2021, and effective until the AM day of , 2031 by and b ween Ms. Eleanor J. Walmsley, hereinafter called and refe d to as the CUSTOMER, and Town of La Grange, North Carolina, hereafter called and referred to as the TOWN. WITNESSETH THAT: WHEREAS, the CUSTOMER has use for clean water that is not potable drinking water for irrigation on the property of CUSTOMER located at E King Street in La Grange, NC {Parcel #35b7-30-4537), and WHEREAS, the TOWN is able to, and routinely does, treat wastewater to a very high standard which is suitable for many public and private uses as reclaimed water as allowable under the statutes of the State of North Carolina, and WHEREAS, the TOWN and CUSTOMER mutually recognize that there are both environmental and economic benefits for using water derived from sources other than new surface water or groundwater withdrawals to meet the clean water use of the CUSTOMER, NOW THEREFORE, in consideration of mutual promises herein contained, the parties contract and agree as follows: 1.0 RECLAIMED WATER QUANTITY A. The TOWN will make available to the CUSTOMER a quantity of reclaimed water of up to a daily maximum of 240,000 gallons per day. B. The minimum daily quantity made available by the TOWN shall be any amount requested by the CUSTOMER below the defined maximum amount or the total amount of reclaimed water meeting State reclaimed water standards produced by the TOWN minus reclaimed water to be used by the TOWN for its own purposes, whichever is less. C. The minimum and maximum reclaimed water quantities shall be reviewed annually and subject to adjustment to meet the needs of the TOWN and CUSTOMER. In no event shall the minimum or maximum daily quantities of reclaimed water available to CUSTOMER be modified without consent of CUSTOMER. D. In the event additional customers desire to obtain reclaimed water from the same transmission line as that which serves the CUSTOMER, the minimum and maximum reclaimed water quantities available to the CUSTOMER shall be reviewed and subject to adjustment to meet the needs of the TOWN and CUSTOMER. In no event shall the minimum or maximum daily quantities of reclaimed water available to CUSTOMER be modified without consent of CUSTOMER. E. Maximum reclaimed water quantity made available to CUSTOMER for irrigation of Fields "A" and "B" shall in no circumstance exceed the maximum permitted amount for these areas under the TOWN's Reclaimed Water Application Permit # NC0021644. 2.0 RECLAIMED WATER QUALITY A. The TOWN will supply reclaimed water meeting the standards established by the State of North Carolina for reclaimed water given in the State of North Carolina Administrative Code (15A NCAC 02T.0906) to the transmission system. Should the reclaimed water quality not meet the referenced standards, the Town shall immediately cease distribution of the reclaimed water in accordance with the referenced standards. B. The TOWN will make readily available to the CUSTOMER results of all testing done on the reclaimed water at the wastewater treatment plant, and will make samples of reclaimed water available to the CUSTOMER for any additional testing the CUSTOMER needs to determine ongoing suitability of the reclaimed water for its purposes. C. CUSTOMER agrees to indemnify the TOWN with respect to and hold the TOWN harmless from any claim or demand arising out of CUSTOMER'S purchase or use of reclaimed water from the TOWN, including but not limited to, the amount of any such claim including interest and all attorneys' fees, court costs, experts' costs, and other costs related to the TOWN's defending against such claim whether in litigation or not. 3.0 RECLAIMED WATER CHARGE A. The charge for reclaimed water the first 1 year(s) of operation will be $0.00 per one thousand (1,000) gallons, paid on a monthly billing cycle. The charge for reclaimed water will be subject to an annual adjustment thereafter. B. Any increase in rate which raises the charge to an amount greater than $0.00 per one thousand (1,000) gallons shall result in an average monthly charge, based on established actual monthly average usage, which does not exceed the actual cost of operation and maintenance of the reclaimed water pumping and distribution system. Verification of the actual cost of operation and maintenance shall be the responsibility of the TOWN, and shall be based on actual electrical consumption records and maintenance logs. C. If an annual adjustment is made to the reclaimed water charge in any subsequent year after the charge is raised to an amount greater than $0.00 per one thousand (1,000) gallons, the increase shall be in direct proportion to the TOWN's increased costs for operation and maintenance of the reclaimed water pumping and distribution system, but will not increase in any one year more than the increase in the Consumer Price Index for the preceding year. 4.0 RECLAIMED WATER SUPPLY FACILITIES A. The TOWN will provide for construction, operation and maintenance of a reclaimed water pump station at the WWTP site. Ownership of the pump station shall remain with the TOWN. 5.0 ONSITE PIPING REQUIREMENTS AND INSPECTIONS A. Prior to commencement of regular reclaimed water service, the CUSTOMER shall cooperate with the TOWN in performing any cross -connection control inspections that may be required. If any cross -connections exist, the CUSTOMER potable water connection shall be temporarily cut-off, and the reclaimed connection turned on. Potable water use points (faucets, sinks, hose bibs, etc.) will then be operated to ascertain that there is no pressure on the potable water system. After successful completion of the tests, the potable water service will be restored. This cross connection inspection shall be repeated annually, or at any time a cross -connection is suspected. The TOWN will schedule such inspections at such times as to minimize the disruption of the CUSTOMER's normal business processes. 6.0 TRAINING A. The TOWN shall develop and implement an employee training program for any employee of the CUSTOMER that might reasonably be expected to come in contact with reclaimed water. Training shall at a minimum consist of explaining the nature of reclaimed water, and emphasize that it should not be used for such potable water uses as drinking. Additional employee training by TOWN may be required, and shall be provided by TOWN, in full accordance with the provisions of all NCDENR permit requirements issued directly to the TOWN. B. The TOWN will make available to the CUSTOMER any standardized training materials that it develops, and will cooperate with the CUSTOMER in arranging tours of the TOWN wastewater reclamation facilities, should the CUSTOMER wish to make such tours as part of any training program the TOWN develops. 7.0 USE OF TOWN OWNED TRAVELING SPRINKLER IRRIGATION UNITS ON CUSTOMER OWNED PROPERTY A. The TOWN will make available for use by the CUSTOMER, two (2) traveling sprinkler irrigation machines. During operation on the property of CUSTOMER for purposes of irrigation, CUSTOMER shall bear the responsibility for any and all fuel costs and labor associated with moving, setting or operating the units, unless otherwise negotiated with the TOWN. Ownership, routine maintenance and storage of the traveling sprinkler units shall remain with the TOWN. B. Operation of the traveling sprinkler irrigation units on CUSTOMER property shall be fully coordinated by the CUSTOMER with the TOWN, and shall fully comply with the requirements of the TOWN's Reclaimed Water Application Permit No. NC0021644. C. The TOWN will provide readings of reclaimed water meters located on CUSTOMER property with a frequency for reporting purposes as required by the TOWN's Reclaimed Water Application Permit No. NC0021644, 8.0 RELIABILITY AND CHANGES IN RECLAIMED WATER STANDARDS & REQUIREMENTS A. The TOWN will endeavor to make its reclaimed water supply as reliable as is practical. However, the TOWN can not and does not guarantee that there will be no interruption in service of reclaimed water. The Town shall not be liable for an interruption in service. B. The TOWN is entering into this agreement based on its understanding of the State and Federal Rules governing reclaimed water systems in effect at the time of execution of this agreement. Should there be any change in either the State or Federal rules, or in the TOWN's understanding of those rules, this agreement shall be deemed amended so as to be consistent with all State and Federal rules. The parties agree to sign an amendment to bring it into conformity with State and Federal rules. IN WITNESS WHEREOF, the CUSTOMER and TOWN have executed this Agreement in multiple copies as of the date first above written. MS. ELEANOR J. WALMSLEY NO AG RANGF-� 10 •r � � ATTEST = AL S. ELEANO J. WALMSLEY TOWN OF LA R NGEN9 /jA4 �� �•. r