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HomeMy WebLinkAboutWQ0019543_Final Permit_20220927 September 27, 2022 MARK DELOSREYES – VICE PRESIDENT J. W. JONES LUMBER COMPANY, INC. 1443 NORTHSIDE ROAD ELIZABETH CITY, NORTH CAROLINA 27909 Subject: Permit No. WQ0019543 J. W. Jones Lumber Company – Elizabeth City CLRS Closed-Loop Recycle System Pasquotank County Dear Mr. Delosreyes: In accordance with your permit renewal request received June 30, 2022, we are forwarding herewith Permit No. WQ0019543 dated September 27, 2022, to J. W. Jones Lumber Company, Inc. 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 August 31, 2029, shall void Permit No. WQ0019543 issued August 16, 2017, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than March 4, 2029. Please pay attention to the monitoring requirements listed in Section IV 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 condition since the last permit issuance dated August 16, 2017:  Old Condition VI.2 – This condition has been removed because permits are not voidable. The following permit conditions are new since the last permit issuance dated August 16, 2017:  Condition III.12 – This condition indicates that metering equipment shall be tested and calibrated annually as listed in 15A NCAC 02T .0608.  Condition VI.3 – This condition states that 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. 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. Mr. Mark Delosreyes September 27, 2022 Page 2 of 2 If you need additional information concerning this permit, please contact Leah Parente at (919) 707-3656 or leah.parente@ncdenr.gov. Sincerely, Richard E. Rogers, Jr., Director Division of Water Resources cc: Pasquotank County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) WQ0019543 Version 4.0 Shell Version 200201 Page 1 of 6 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 J. W. Jones Lumber Company, Inc. Pasquotank County FOR THE continued operation of wastewater treatment and closed-loop recycle facility consisting of: a modified log wetting area; a modified ditch system to divert all wastewater from the log wetting area to the recycle pond when the wetting area is in use; a ditch gate system to divert stormwater to the facility’s stormwater system when the log wetting area is not in use; a 396,467 gallon water supply reservoir/recycle basin; and all associated piping, valves, controls, and appurtenances to serve the J.W. Jones Lumber Company – Elizabeth City facility, with no discharge of wastes to surface waters, pursuant to the application received June 30, 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 August 31, 2029, shall void Permit No. WQ0019543 issued August 16, 2017, 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 March 4, 2029. [15A NCAC 02T .0105(b), 02T .0109] II. 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, 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)] WQ0019543 Version 4.0 Shell Version 200201 Page 2 of 6 3. The facilities herein were permitted per the following setbacks: a. The wet decking operation was modified September 23, 2003. 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: 50 1 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 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 .0219(j)(5)] b. The storage and treatment units were modified September 23, 2003. 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: 50 1 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 .0219(j)(5)] 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 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] WQ0019543 Version 4.0 Shell Version 200201 Page 3 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 396,467 gallon water supply reservoir/recycle basin shall not be less than one foot at any time. [15A NCAC 02U .0404(c)(6)] 8. A gauge to monitor waste levels in the 396,467 gallon water supply reservoir/recycle basin 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. Wastewater or stormwater collected in the recycle pond shall be used solely for wetting logs stored in the wet deck area. [15A NCAC 02T .0108(b)(1)] 11. Adequate measures shall be taken to prevent wastewater runoff or drift from the wet deck area. [15A NCAC 02T .0108(b)(1)] 12. 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. Freeboard (i.e., waste level to the lowest embankment elevation) in the 396,467 gallon water supply reservoir/recycle basin 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)] 4. 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)] WQ0019543 Version 4.0 Shell Version 200201 Page 4 of 6 5. 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)] 6. 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 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 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 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(i)] 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)] 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, 143-215.6B, 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)] WQ0019543 Version 4.0 Shell Version 200201 Page 5 of 6 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 .0105(j)] 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] 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)] WQ0019543 Version 4.0 Shell Version 200201 Page 6 of 6 Permit issued this the 27th day of September 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ____________________________________________ Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0019543 Fig ure 1 - J. W. Jones Lumber Co mp any - Elizab eth City CL RS W Q0019543 - W et Dec king Fac ility Legend Dry Dec king Area Em ergancy W et Dec k Property Line Rec ycle Bas in W et Dec king Area 300 ft N➤➤N