HomeMy WebLinkAboutWQ0013502_Final Permit_20220307ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
KENNETH CHAD LEINBACH — MANAGER
3995 JONEs FERRY, LLC
1284 WINDY RIDGE ROAD
CHAPEL HILL, NORTH CAROLINA 27517
Dear Mr. Lembach:
NORTH CAROLINA
Environmental Quality
March 7, 2022
Subject: Permit No. WQ0013502
Tower Apartments WWTF
Other Non -Discharge
Wastewater System
Chatham and Orange Counties
In accordance with your permit change of ownership request received December 8, 2021, we are
forwarding herewith Permit No. WQ0013502 dated March 7, 2022, to 3995 Jones Ferry, LLC for the
continued operation of the subject wastewater treatment and disposal facilities.
This permit shall be effective from the date of issuance through July 31, 2025, shall void Permit
No. WQ0013502 issued August 30, 2019, and shall be subject to the conditions and limitations therein.
The Permittee shall submit a renewal application no later than February 1, 2025.
Please pay attention to the monitoring requirements listed Attachments A, B, and C 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 updated since the last permit issuance dated August
30, 2019:
➢ Attachment A — The monitoring frequency for Total Residual Chlorine and pH has been
updated to twice a year to match the minimum ORC visitation requirements. As per the request
for reduced monitoring frequency received on March 1, 2022, the monitoring frequency has
been reduced from 3 x Year to Annually for all other parameters other than Total Residual
Chlorine, pH, and Flow Rate.
➢ Attachment C — The ground water monitoring frequency has been reduced from 3 x Year to
Annually
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
'.'roMMm 0; /I 919,707,9000
Mr. Kenneth Chad Leinbach
March 7, 2022
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: Chatham County Health Department (Electronic Copy)
Orange County Health Department (Electronic Copy)
Raleigh 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
OTHER NON -DISCHARGE WASTEWATER 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
3995 Jones Ferry, LLC
Chatham and Orange Counties
FOR THE
continued operation of a 1,080 gallon per day (GPD) wastewater treatment and disposal facility consisting
of -
two 1,200 gallon septic tanks; an intermittent sand filter; a chlorine dosing chamber; a 10.5 foot by 5 foot
chlorine contact/pump tank with two 13 gallon per minute (GPM) submersible pumps, and high-water
alarms; a 30 foot by 94 foot constructed wetland with a 45 millimeter EDPM liner; a flow splitter box; a
0.08 acre disposal area with four 6 foot by 175 foot infiltration galleries; and all associated piping, valves,
controls, and appurtenances
to serve the Tower Apartment WWTF, with no discharge of wastes to surface waters, pursuant to the
application received December 8, 2021, and in conformity with the Division -approved plans and
specifications considered a part of this permit.
This permit shall be effective from the date of issuance through July 13, 2025, shall void Permit No.
WQ0013502 issued August 30, 2019, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. The Permittee shall request renewal of this permit on Division -approved forms no later than February
1, 2025. [15A NCAC 02T .0105(b), 02T .0109]
WQ0013502 Version 3.1 Shell Version 200201 Page 1 of 9
IL PERFORMANCE STANDARDS
1. The Permittee shall maintain and operate the subject non -discharge 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, or failure of the disposal areas to assimilate the effluent, the Permittee shall
take immediate corrective actions, including Division required actions, such as the construction of
additional or replacement wastewater treatment or disposal facilities. [ 15A NCAC 02T .0108(b)(1)(A)]
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. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T
.0108(b)(1)(A)]
5. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in
Attachment B. [15A NCAC 02T .0108(b)(1)(A)]
6. Wastewater disposal sites permitted on or after December 30, 1983 have a compliance boundary that
is either 250 feet from the wastewater disposal area, or 50 feet within the property boundary, whichever
is closest to the wastewater disposal area. 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(d)(2), 02L .0107(b), 02T .0105(h),
G.S. 143-215.1(1), G.S. 143-215.1(k)]
7. The review boundary is midway between the compliance boundary and the wastewater disposal area.
Any exceedance of groundwater standards at or beyond the review boundary shall require preventative
action. [15A NCAC 02L .0106(d)(1), 02L .0108]
8. 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)]
9. 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]
10. 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
Chatham County and/or Orange 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.
[I5A NCAC 02L .0107(f)]
WQ0013502 Version 3.1 Shell Version 200201 Page 2 of 9
11. The facilities herein were permitted per the following setbacks:
a. The disposal sites were originally permitted November 24, 1997. The setbacks for disposal sites
originally permitted or modified from February 1, 1993 to August 31, 2006 are as follows (all
distances in feet):
i. Each private or public water supply source:
100
ii. Surface waters:
100
iii. Groundwater lowering ditches:
25
iv. Surface water diversions (upslope):
10
v. Surface water diversions (downslope):
25
vi. Each well with exception of monitoring wells:
100
vii. Each property line:
50'
viii. Top of slope of embankments or cuts of two feet or more in vertical height:
15
ix. Each water line:
10
x. Each swimming pool:
100
xi. Public right of way:
50
xii. Nitrification field:
20
xiii. Each building foundation or basement:
15
' 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 02H .02190)(5)]
b. The storage and treatment units were originally permitted November 24, 1997. The setbacks for
storage and treatment units originally permitted or modified from February 1, 1993 to August 31,
2006 are as follows (all distances in feet):
i. Each private or public water supply source: 100
ii. Surface waters: 50
iii. Each well with exception of monitoring wells: 100
iv. Each property line: 50 1
v. Nitrification field: 20
' 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 02H .02190)(5)]
WQ0013502 Version 3.1 Shell Version 200201 Page 3 of 9
III. OPERATION AND MAINTENANCE REOUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC
02T .0800]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational
functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T
.0707(a), 02T .0807]
3. 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. The Permittee shall maintain vegetative cover on the disposal sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the disposal system. [15A NCAC 02T
.0707(b), 02T .0807]
5. The Permittee shall take measures to prevent effluent ponding in or runoff from the disposal sites listed
in Attachment B. [15A NCAC 02T .0707(c), 02T .0807]
6. Disposal equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0707(d),
02T .0807]
7. Only treated effluent from the Tower Apartments WWTF shall be disposed on the sites listed in
Attachment B. [15A NCAC 02T .0801]
8. The Permittee shall not allow vehicles or heavy machinery on the disposal area, except during
equipment installation or maintenance activities. [15A NCAC 02T .0707(e), 02T .0807]
9. The Permittee shall prohibit public access to the wastewater treatment, storage, and disposal facilities.
[15A NCAC 02T .0505(q), 02T .0805]
10. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC
02T .0708, 02T .0808, 02T .1100].
11. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .05050), 02T .0805]
12. 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 02T .0707(g),
02T .0807]
13. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0707(d), 02T .0807]
WQ0013502 Version 3.1 Shell Version 200201 Page 4 of 9
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 treated effluent at the frequencies and locations for the parameters
specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain records tracking the amount of effluent disposed. These records shall
include the following information for each disposal site listed in Attachment B:
a. Date of disposal;
b. Volume of effluent disposed;
c. Site applied;
d. Length of disposal time;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings;
f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
[I5A NCAC 02T .0108(c)]
6. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for
each PPI and three copies of all operation and disposal records (as specified in Condition IV.S.) on
Form NDAR-1 for every site in Attachment B 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. 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 02T .0708(b), 02T .0808]
WQ0013502 Version 3.1 Shell Version 200201 Page 5 of 9
8. 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 disposal equipment calibration;
c. Visual observations of the plant and plant site; and
d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
[15A NCAC 02T .0707(h), 02T .0807]
9. Monitoring well MW-2 shall be sampled at the frequencies and for the parameters specified in
Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data
shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1.
[15A NCAC 02T .0105(m)]
10. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. 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
[15A NCAC 02T .0105(m)]
11. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each disposal site listed in Attachment B. These results shall be maintained at the facility for five years,
and shall be made available to the Division upon request. Each Standard Soil Fertility Analysis shall
include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
[15A NCAC 02T .0108(c)]
WQ0013502 Version 3.1 Shell Version 200201 Page 6 of 9
12. Noncompliance Notification:
The Permittee shall report to the Raleigh Regional Office, telephone number (919) 791-4200, 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 facility failure resulting in a discharge to surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
e. Ponding in or runoff from the disposal sites.
f. Effluent breakout from the disposal 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 Raleigh 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 wastewater
treatment and disposal facilities. [15A NCAC 02T .0707(i), 02T .0807]
2. The Permittee shall inspect the wastewater treatment and disposal 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 02T
.0707(h), 02T .0707(i), 02T .0807]
Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and disposal 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)]
WQ0013502 Version 3.1 Shell Version 200201 Page 7 of 9
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
02T;
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]
WQ0013502 Version 3.1 Shell Version 200201 Page 8 of 9
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. 143-215.613, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.613, 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 7th day of March 2022
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Z�-2) 1�-�
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0013502
WQ0013502 Version 3.1 Shell Version 200201 Page 9 of 9
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