NC0005312_correspondence_20220131

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
January 31, 2022
Mr. Keith Ogden, Director of Operations
Duvaltex (US), Inc.
P.O. Box 530
Elkin, NC 28621
Delivered via USPS and via email
Subject: Duvaltex (US), Inc. — NPDES Permit No. NC005312
Surry County
Dear Mr. Ogden:
The Division of Water Resources (DWR) received letters from Duvaltex's attorney, dated
December 2, 2021 and January 4, 2022. In response, DWR provides the following.
The NPDES permit states that it cannot be rescinded/terminated while activities or conditions
requiring the permit continue. 15A NCAC 02H .0106(g) states that a "wastewater treatment
facility or treatment unit that is taken out of service but contains waste or residuals that could be
discharged to surface waters or otherwise present an environmental or public health risk under
foreseeable circumstances, including severe weather events, shall remain subject to NPDES permit
requirements until the waste or residuals of concern are disposed in accordance with applicable
standards and the permit is rescinded by the Director." DWR's understanding is that the
wastewater treatment plant contains significant amounts of wastewater residuals' and, while
inflow to the plant has been reduced, inflow continues and the effluent pipes remain operational.
As a result, the wastewater treatment plant continues to have the potential to discharge pollutants
to surface waters. In fact, the wastewater treatment plant discharged to surface waters twice this
month. In the absence of a NPDES permit, these activities and conditions likely constitute
violations of North Carolina's water quality permitting laws.
Relatedly, the NPDES permit states that it cannot be rescinded/terminated without proper closure
of the wastewater treatment plant. DWR has communicated to Duvaltex the process for
wastewater treatment plant closure and permit rescission/termination. To reiterate, the process for
closure requires that the wastewater treatment plant is no longer operational nor capable of
accepting waste and discharging. All wastewater residuals must be removed and properly
disposed. Once the wastewater treatment plant is closed, DWR conducts a closeout inspection
and, if all actions are completed to the satisfaction of the DWR, then the permittee submits a letter
to DWR citing all required actions were completed, citing there will be no more discharges, and
requesting that the NPDES permit be rescinded/terminated.
Specifically, the following actions must be completed and documented before DWR
rescinds/terminates a NPDES permit:
Duvaltex and its predecessors have operated the wastewater treatment plant for approximately fifteen years and,
according to DWR records, have not land applied residuals in the last eleven years.
NO DE
Dep. Mart al �rl wunenhl uueHh�
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

1. A written closure plan must be submitted by the permittee showing that the facility will be
formally closed out to the satisfaction of the DWR. The closure plan must include, at a
minimum, the following:
a) The historical use of the wastewater treatment facilities.
b) The current use of the wastewater treatment facilities.
c) The proposed disposal method(s) for all existing waste (e.g., wastewater disposal
through NPDES discharge permit, sludge/residuals disposal through Residuals
Land Application permit).
d) The proposed closure option for all wastewater ponds, lagoons, and structures.
e) Provide an estimated timeline for completing these activities.
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The intended future use for the wastewater treatment site.
2. All solids and sludge residual and untreated wastewater must be removed from the facility and
disposed in an appropriate manner.
3. Cut the influent piping to prevent the acceptance of waste.
4. Ensure the tanks, basins, sumps, piping, other components will not accumulate storm water or
will properly dispose of stormwater and obtain any applicable permits.
5. Cap, plug, or remove effluent piping to the outfall.
6. Submit to DWR a final closure report, documenting that the wastewater treatment plant has
been closed out.
7. DWR conducts a final inspection.
8. After the final inspection, the permittee should submit its request for permit
rescission/termination to DWR for each of the facility's permits.
If you have any questions regarding this letter, please contact me at 919-707-3600 or
[e-mail].
Sid cesi91e'by:
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Water Quality Permitting Section Chief
cc via email to:
Bruce Nicholson, NCDEQ, DWM
Jordan Thompson, NCDEQ, DWM
Drew Hargrove, Esq. NCDEQ
Stacy Taylor, Esq., counsel for CMI
George House, Esq., counsel for Duvaltex
Alex Elkan, Esq., counsel for Duvaltex
Daniel Smith, Esq., counsel for Duvaltex
Greg Kanellis, Hart Hickman, Duvaltex
Peter Paine, Duvaltex