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HomeMy WebLinkAboutWQ0043090_Permit (Issuance)_20220112DocuSign Envelope ID: 956E6FB0-CD4D-4A42-A5E2-A02DBC83C526 ROY COOPER Governor ELIZABETH BISER Secretary S. DANIEL SMITH NORTH CAROLINA Director Errvor•onmerrta! Quality January 12, 2022 Shannon Groover, Senior Regional Property Manager Lumina Commons Station LLC 11501 Northlake Drive Cincinnati, OH 45249 Subject: Permit No. WQ0043090 Lumina Commons Station LLC Lumina Commons Private Pump Station & Sewer Domestic Wastewater Pump & Haul Permit New Hanover County Dear Ms. Groover: In accordance with your application received December 21, 2021 to continue the ongoing pump-n-haul activity, we are forwarding herewith Permit No. WQ0043090 dated January 12, 2022 to the Permittee, Lumina Commons Station LLC, for the time -limited operation of a domestic wastewater pump and haul operation. This permit shall be effective January 1, 2022 and will expire on June 30, 2022 without an option for continuation while being subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Due to the duration of this event and the lack of significant progress on a permanent resolution of this situation the Division is requiring specific action items or milestones to be met by the Permittee in order to keep this permit in full force and effect. Please pay particular attention to the following conditions contained within this permit: Special Conditions: Condition 1.1: As the system owner and responsible party, the Permittee shall provide a written plan to the Regional Office within 30 days of your receipt of this permit with specifics as to how it exactly expects to resolve the inoperable condition of the subject wastewater pump station and force main. [NCGS 143.215.1] 25 e�'X` ..9 Q 5' 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.deg.nc.gov DocuSign Envelope ID: 956E6FB0-CD4D-4A42-A5E2-A02DBC83C526 Condition 1.2: Based on the submitted plan required above, the Permittee shall either initiate a repair of the existing force main & map its location completely from the station to the public sewer system or submit a Fast Track sewer permit modification application for WQ0029124 to install a new force main no later than April 1, 2022. Regardless of the option chosen, a bypass connection shall be installed on the force main at the pump station to allow the use of a bypass pump such that additional improvements can be made to the pump station and its site by the end of 2022. [NCGS 143.215.1] Condition 1.3: The Permittee or its representative shall inspect the permitted pump and haul facilities at least daily to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance condition. The Permittee shall maintain an inspection log or summary including at least: Date and time of inspection; Observations made; Any maintenance, repairs, or corrective actions taken by the Permittee. The Permittee shall maintain this log of inspections for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. [15A NCAC 02T .0204(d)] Condition 1.4: This permit shall become voidable unless the agreement between the Lumina Commons Station LLC, Lewis Farms & Liquid Waste Inc, and the CFPUA for the collection, transportation, and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0204(b)] Standard Conditions: Condition 11.1: An accurate record of the pump and haul activities must be maintained by the Permittee, indicating; Date and time wastewater is removed from the facility; Name of contract hauler; Name of facility or location receiving the wastewater; and Volume of wastewater removed. Condition 11.14: This permit shall expire June 30, 2022. Should the pump and haul activities stop prior to the date of expiration send written notification to the Wilmington Regional Office, Water Quality Section notifying them of that the permit is no longer required and detailing the final disposal solution. 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 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.deg.nc.gov DocuSign Envelope ID: 956E6FB0-CD4D-4A42-A5E2-A02DBC83C526 If you need additional information concerning this matter, please contact Dean Hunkele at (910) 796- 7215 or via e-mail at Dean.Hunkele@ncdenr.gov. Sincerely, D DocuSigned by: oN� �narrl On, 7F141E73B6F3456... Tom Tharrington, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Cc: Lewis Farms & Liquid Waste Inc CFPUA John Farnell, DWM Upload to Laserfiche Permit No. WQ0042982 January 12, 2022 Page 3 of 8 DocuSign Envelope ID: 956E6FB0-CD4D-4A42-A5E2-A02DBC83C526 NORFH UAgO_INA Envirvnmewcd �2rraflz ' DOMESTIC WASTEWATER PUMP & HAUL 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 the LUMINA COMMONS STATION LLC for the continued operation of a domestic wastewater pump and haul operation to serve the existing Lumina Commons shopping center consisting of the existing pump station wetwell, its on -site alarm system, and active telemetry associated with the existing sewer extension permit WQ0029124. The anticipated flow for this pump and haul operation is expected to be approximately 11,500 gallons per day of domestic wastewater, pursuant to the application received December 21, 2021 and in conformity with 15A NCAC 02T and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from January 1, 2022, will expire on June 30, 2022, and shall be subject to the conditions and limitations as specified therein. DocuSigned by: 10.K �narrl OA, 7F141E73B6F3456... Tom Tharrington, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ By Authority of The Environmental Management Commission Permit Number: WQ0043090 Permit Issued: January 12, 2022 Permit No. WQ0042982 January 12, 2022 Page 4 of 8 DocuSign Envelope ID: 956E6FB0-CD4D-4A42-A5E2-A02DBC83C526 SUPPLEMENT TO PERMIT COVER SHEET LUMINA COMMONS STATION LLC is hereby authorized to: Operate the aforementioned domestic wastewater pump and haul operation. The wastewater collected by this system shall be pumped and hauled to one of two sewer system locations specified by the CFPUA for final treatment at one of its wastewater treatment facilities (Permit No. NCO023965 or NC0023973). It shall be the Permittee's responsibility to ensure that the project and its operation meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. SPECIAL CONDITIONS 1. As the system owner and responsible party, the Permittee shall provide a written plan to the Regional Office within 30 days of your receipt of this permit with specifics as to how it exactly expects to resolve the inoperable condition of the subject wastewater pump station and force main. [NCGS 143.215.1] 2. Based on the submitted plan required above, the Permittee shall either initiate a repair of the existing force main & map its location completely from the station to the public sewer system or submit a Fast Track sewer permit modification application for WQ0029124 to install a new force main no later than April 1, 2022. Regardless of the option chosen, a bypass connection shall be installed on the force main at the pump station to allow the use of a bypass pump such that additional improvements can be made to the pump station and its site by the end of 2022. [NCGS 143.215.1] 3. The Permittee or its representative shall inspect the permitted pump and haul facilities at least daily to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance condition. The Permittee shall maintain an inspection log or summary including at least: Date and time of inspection; Observations made; Any maintenance, repairs, or corrective actions taken by the Permittee. The Permittee shall maintain this log of inspections for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. [15A NCAC 02T .0204(d)] 3. This permit shall become voidable unless the agreement between the Lumina Commons Station LLC, Lewis Farms & Liquid Waste Inc, and the CFPUA for the collection, transportation, and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0204(b)] Permit No. WQ0042982 January 12, 2022 Page S of 8 DocuSign Envelope ID: 956E6FB0-CD4D-4A42-A5E2-A02DBC83C526 II. STANDARD CONDITIONS 1. An accurate record of the pump and haul activities must be maintained by the Permittee, indicating: a. Date and time wastewater is removed from the facility; b. Name of contract hauler; c. Name of facility or location receiving the wastewater; d. Volume of wastewater removed. Records shall be submitted monthly to applicable staff with the Water Quality Regional Operations in the Wilmington Regional Office. The records must be submitted within 10 days of the end of each month that hauling occurred starting with November. [15A NCAC 02T .0108] 2. This permit shall not be 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 shall be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T .0104; G.S. 143-215.1(d3)] 3. The Permittee shall provide for the installation and maintenance of an audible & visual high-water alarm and telemetry on all storage and pumping facilities associated with this pump and haul operation. [15A NCAC 02T .0204(c)] 4. This permit shall become voidable unless the subject pump and haul activities are carried out in accordance with the conditions of this permit; 15A NCAC 2T; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 5. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. No type, kind or quantity of wastewater other than the pumped and hauled wastewater from the facility shall be included in these pump and haul activities. [15A NCAC 02T .0110] 6. The wastewater collection facilities shall be properly maintained and operated at all times. Adequate inspection, maintenance, and cleaning shall be provided by the permittee to insure proper operation of the subject facilities. [15A NCAC 02T .0403] 7. The Permittee shall report by telephone to a DWR Water Quality Regional Operation Resources staff member at the Wilmington Regional Office, telephone number (910-796-7215), as soon as possible, but in no case more than 24 hours, following the occurrence or first knowledge of the occurrence of either of the following: a. If the flow volume estimated above is exceeded by any amount on any day; or b. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater storage, such as failures of tanks, piping, pumps, aerators, compressors etc.; or c. Any failure of a pumping station, sewer line, etc., resulting in a spill or by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility; or d. Any SSO and/or spill over 1,000 gallons; or Permit No. WQ0042982 January 12, 2022 Page 6 of 8 DocuSign Envelope ID: 956E6FB0-CD4D-4A42-A5E2-A02DBC83C526 e. Any SSO and/or spill, regardless of volume, that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)] 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 02T; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina - licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T .0108(b- 01 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall cease operation of all pump and haul activities and shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T .0110; 15A NCAC 02T .0108(b)] 10. Any duly authorized officer, employee, or representative of the Division of Water Resources may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the pump and haul collection facilities at any reasonable time for the purpose of determining compliance with the Division's approval; may inspect or copy any records that must be maintained under the terms and conditions of this permit; and may obtain samples. [15A NCAC 02T .0110] 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which may be required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)] 12. Operation of this permit is based on acceptance of the certification attached to this permit, completed by the Permittee and a North Carolina licensed Professional Engineer. Note that a completed certification is only required for activities that met the definition of the Practice of Engineering in accordance with G.S. 89C-3. In some instances, this certification may not be required. 13. A copy this permit, and approved plans and specifications (if applicable) shall be maintained on file by the Permittee for the life of the project. [15A NCAC 02T .0104] 14. This permit shall expire December 31, 2021. Should the pump and haul activities stop prior to the date of expiration send written notification to the Wilmington Regional Office, Water Quality Section notifying them of that the permit is no longer required and detailing the final disposal solution. [15A NCAC 02T .0105(j), 15A NCAC 02T.0204(a)] Permit No. WQ0042982 January 12, 2022 Page 7 of 8 DocuSign Envelope ID: 956E6FB0-CD4D-4A42-A5E2-A02DBC83C526