HomeMy WebLinkAboutWQ0020680_Final Permit_20220601ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
June 1, 2022
TIMOTHY M. PARTON — PRESIDENT
GILKEY LUMBER COMPANY, INC.
2250 US 221 NORTH
RUTHERFORDTON, NORTH CAROLINA 28139
Dear Mr. Parton:
Subject: Permit No. WQ0020680
Gilkey Lumber — Rutherfordton
CLRS
Closed -Loop Recycle System
Rutherford County
In accordance with your permit renewal request received January 31, 2022, and subsequent
additional information received May 2, 2022, we are forwarding herewith Permit No. WQ0020680 dated
June 1, 2022, to Gilkey Lumber Company, LLC for the continued operation of the subject wastewater
treatment and closed -loop recycle facilities.
This permit shall be effective from the date of issuance through December 31, 2028, shall replace
Permit No. WQ0020680 issued February 15, 2017, and shall be subject to the conditions and limitations
therein. The Permittee shall submit a renewal application no later than July 4, 2028.
Please pay attention to the monitoring requirements listed in Section IV and Attachment A 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 Division has removed the following permit conditions since the last permit issuance dated
February 15, 2017:
➢ Old Condition I.I. —The stormwater drainage plans were received May 2, 2022.
➢ Old Conditions IL3. and IL4. — These conditions have been removed because the subject
closed -loop recycle system is not a disposal system.
➢ Old Condition IL6. — This condition has been removed.
➢ Old Condition VL2. — This condition has been removed because the permit is not voidable.
The following permit condition is new since the last permit issuance dated February 15, 2017:
➢ Condition IIL10. — This condition requires that metering equipment be tested and calibrated
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
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. Timothy M. Parton
December 31, 2028
Page 2 of 2
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.
If you need additional information concerning this permit, please contact Nathaniel Thornburg at
(919) 707-3653 or nathaniel.thomburgkncdenr.gov.
Sincerely,
7L
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Rutherford County Health Department (Electronic Copy)
Asheville 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
CLOSED -LOOP RECYCLE 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
Gilkey Lumber Company, Inc.
Rutherford County
FOR THE
continued operation of a 9,600 gallon per day (GPD) wastewater treatment and closed -loop recycle facility
consisting of:
a system of wastewater collection ditches from the concrete log storage area; a wastewater recycle pond
with no outlets other than the refill pond; a refill pond; and all associated piping, valves, controls, and
appurtenances
to serve the Gilkey Lumber — Rutherfordton CLRS, with no discharge of wastes to surface waters, pursuant
to the application received January 31, 2022, subsequent additional information received May 2, 2022, 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 December 31, 2028, shall replace Permit
No. WQ0020680 issued February 15, 2017, and shall be subject to the following conditions and limitations:
L SCHEDULES
1. The Permittee shall request renewal of this permit on Division -approved forms no later than July 4,
2028. [15A NCAC 02T .0105(b), 02T .0109]
II. PERFORMANCE STANDARDS
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, the Permittee shall take immediate corrective actions, including Division
required actions, such as the construction of additional or replacement wastewater treatment or recycle
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)]
WQ0020680 Version 4.0 Shell Version 200201 Page 1 of 6
3. The facilities herein were permitted per the following setbacks:
a. The wet decking operation was originally permitted September 10, 2002. The setbacks for wet
decking operations originally permitted or modified from February 1, 1993 to September 1, 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:
501
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 September 10, 2002. The setbacks for
storage and treatment units originally permitted or modified from February 1, 1993 to September
1, 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: 501
v. Nitrification field: 20
1 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)]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the subject facilities as anon -discharge system. [15A NCAC
02U .0101]
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 02U
.0801(a)]
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]
WQ0020680 Version 4.0 Shell Version 200201 Page 2 of 6
4. The Permittee shall prohibit public access to the wastewater treatment, storage, and closed -loop recycle
facilities. [15A NCAC 02U .0404(b)(1)]
5. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [ 15A NCAC
02U .0802, 02T .1100].
6. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .0108(b)(1)(A)]
7. Freeboard in the recycle pond shall not be less than 4.4 feet at any time. [15A NCAC 02T
.0108(b)(1)(A), 02U .0404(c)(6)]
8. A gauge to monitor waste levels in the recycle pond shall be provided. This gauge shall have readily
visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations:
maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the
bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC
02U .0801(f)]
9. 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)]
10. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)]
IV. MONITORING AND REPORTING REQUIREMENTS
1. 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. The Permittee shall monitor the recycle pond water at the frequencies and locations for the parameters
specified in Attachment A. [15A NCAC 02T .0108(c)]
4. Freeboard (i.e., waste level to the lowest embankment elevation) in the recycle pond shall be measured
to the nearest inch or tenth of a foot and recorded weekly. Weekly freeboard records shall be maintained
for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)]
5. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for
recycle pond water sampling and weekly recycle pond freeboard readings 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(1)]
WQ0020680 Version 4.0 Shell Version 200201 Page 3 of 6
6. 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)]
7. 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. Visual observations of the plant and plant site; and
b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
[15A NCAC 02U .0801(h)]
8. Noncompliance Notification:
The Permittee shall report to the Asheville Regional Office, telephone number (828) 296-4500, 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.
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 Asheville 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 recycle facilities. [15A NCAC 02U .0801(i)]
2. The Permittee shall inspect the wastewater treatment and recycle 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)]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and recycle 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)]
WQ0020680 Version 4.0 Shell Version 200201 Page 4 of 6
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]
WQ0020680 Version 4.0 Shell Version 200201 Page 5 of 6
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 1st day of June 2022
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
7L4(
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0020680
WQ0020680 Version 4.0 Shell Version 200201 Page 6 of 6
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