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HomeMy WebLinkAboutNC0026051_Permit Modification_20100709®'M) RUE ENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Mr. Glen E. Whisler, County Engineer Durham County 120 E Parrish Street, lst Floor Durham, North Carolina 27701 Dear Mr. Whisler: Division of Water Quality Coleen H. Sullins Director July 9, 2010 Dee Freeman Secretary Subject NPDES Permit Modification Permit NCO026051 Durham County Triangle W WTP Durham County Consistent with the Director's October 1, 2009, letter of intent to modify NPDES permits affected by the Jordan Reservoir Nutrient Management Strategy rules and in consideration of public comments on the subsequent draft permit modifications, the Division is forwarding herewith the revised NPDES permit for the Durham County Triangle W WTP. This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency, dated October 15, 2007. The Division received the County's comments on the draft permit during the initial public comment period. We also received comments from several permittees, including the County, regarding the standard permit conditions (Parts II, III, and IV) in the draft permits. The final permit includes the following changes in addition to those proposed in the draft • Nitrogen Optimization The Nitrogen Optimization condition has been deleted. The County correctly noted that this requirement applies only to pre-BNR facilities. • Standard Conditions. Jeff Poupart of the Point Source Branch has worked with other programs within the Division and with EPA Region 4 staff to evaluate and address the comments received. The final permit includes a newly revised version of the standard permit conditions. We appreciate your patience in this matter and regret any inconvenience this delay may have caused. Implementation of Total Phosphorus (TP) Limits. The Jordan Reservoir Wastewater Discharge Requirements (T15A NCAC 02B .0270) established annual mass phosphorus limits for fourteen treatment facilities, to become effective with calendar year 2010. Thus, even though the effective date of this permit modification is August 1, 2010, the new limits became effective January 1, 2010, by rule and apply to calendar year 2010 in its entirety. 1617 Mail Service Center, Ralegh, North Carolina 27699-1617 1�T�e Location: 512 N. Salisbury St Raleigh, North Carolina 27604 * O Carolina Phone: 919-807-63001 FAX: 919-807M921 Customer Service:1-877-623-6748 Internet www,ncwaterquality.org atura!!r� An Equal Opportunity 1 Affirmative Action Employer Mr. Glen E. Whisler, County Engineer NPDES Permit Modification July 9,2010 If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must 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, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final and binding. This permit is not transferable except after notice to the Division of Water Quality. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. If you have any questions concerning this permit, please contact Mike Templeton at (919) 807-6402 or at mike. templeton@ncdmr.gov. Sincerely, ` Coleen 10l— Enclosure: Final permit modification, NC00260.51 Copies: Joseph R. Pearce, Utility Division Manager Chief, NPDES and Biosolids Permits Section, Region 1V, EPA Raleigh Regional Office, Surface Water Protection PERCS Unit NPDES Files Central Files Permit No. NCO026051 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Durham County is hereby authorized to discharge wastewater from a facility located at the Durham County Triangle WWTP 5926 NC Highway 55 Durham County to receiving waters designated as Northeast Creek in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III, and IV hereof. This permit shall become effective August 1, 2010. This permit and authorization to discharge shall expire at midnight on ............................... Apri130, 2011. Signed this day.............................July 9, 2010. H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0026051 , All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Durham County is hereby authorized to: 1. Continue to operate an existing 12.0 MGD wastewater treatment facility located south of Durham at the Durham County Triangle W WTP off NC Highway 55 in Durham County. The facility includes the following treatment components: • Mechanical fine screens • Mechanical grit removal • Parshall flume • Influent pump station • Three 5-stage BNR trains • Four secondary clarifiers • Five tertiary sand filters • Ultraviolet disinfection • Post aeration • Sludge lagoons • Waste and return activated sludge pumping system • Methanol, potassium hydroxide, and sodium hypoc 7dorite storage and feed systems • Liquid waste activated sludge storage (projected service date is the end of 2010) • Dewatering facility (projected service date is the end of 2010) • Truck loading for contract composting operation (projected service date is the end of 2010) 2. Discharge from said treatment works (via Outfall 001) into Northeast Creek, a Class WS-fV NSW water in the Cape Fear River Basin, at the location specified on the attached map. Gtv T Iz TY N �� K 11 .- _ -co ;) Sri � E ���; ! .•�'i� - ���. ,.i�.fi.�,__ .__ _„_-. Durham Co. Triangle WWTP - NCO026051 Facility -- Location USGS Quad Name: SW Durham Lat.: 35052'51" Receiving Stream: Northeast Creek Long.: 78°53'50" Stream Class: WS-IV NSW Subbasin: Catawba — 03-06-05 North SCALE 1: 24,000 Nth Permit No. NCO026051 A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning upon the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow 12.0 MGD Continuous Recording Influent or Effluent Total Monthly Flow (MG) Monitor & Report Monthly Recorded or Calculated Influent or Effluent BOD, 5-day, (20°C) z (April 1- October 31) 5.0 mg/L 7.5 mg/L Daily Composite Influent & Effluent BON, 5-day, (20°C) Z (November 1-March 31) 10.0 mg/L 15.0 mg/L Daily Composite Influent & Effluent Total Suspended Solidsz 30.0 mg/L 45.0 mg/L Daily Composite Influent & Effluent NH3 as N (April 1-October 31) 1.0 mg/L 3.0 mg/L Daily Composite Effluent NH3 as N (November 1-March 31) 1.8 mg/I. 5.4 mg/L Daily Composite Effluent Fecal Coliform (geometric mean) 200/100mL 400/100mL. Daily Grab Effluent Dissolved Oxygen Daily Grab Effluent Temperature (°C) Daily Grab Effluent pH < Daily Grab Effluent Total Residual Chlorines 17 pg/L Daily Grab Effluent Chloroforms 2/Month Grab Effluent Bromodichloromethanes 1.8 pg/L Weekly Grab Effluent Dibromochloromethanes 1.3 pg/L Weekly Grab Effluent TKN Monitor & Report (mg/L) Weekly Composite Effluent NO3-N + NO2-N Monitor & Report (mg/L) Weekly Composite Effluent Total Nitrogen, TN Monitor & Report (mg/L) Weekly Composite Effluent TN Load 6,1 Monitor & Report (Ib/mo) 111,207 Ib/yr (effective 1/1/2010) Monthly Annually Calculated Effluent Total Phosphorus, TP Monitor & Report Weekly Composite Effluent TP Load 6•' Monitor & Report ( lb/mo) 8,432 Ib/yr (effective1/l/2010) Monthly Annua N Calculated Effluent Total Mercury a 0.012 pg/L Weekly Grab Effluent Fluoride 1800 pg/L Weekly Composite Effluent Total Copper Monthly Composite Effluent Total Zinc Monthly Composite Effluent Chloride Monthly Composite Effluent Effluent Pollutant Scan 9 Annually Composite/ Effluent Chronic Toxicity 1° Quarterly Composite Effluent All footnotes are listed on the following page. Permit No. NCO026051 Footnotes: 1. See Condition A. (2), for Instream Monitoring Requirements. 2 The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 3. The daily effluent dissolved oxygen concentration shall not be less than 6.0 mg/L. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5. Limit and/or monitoring applies only when chlorine is added to treatment system. 6. Refer to Special Condition A.(8.), Calculation of Total Nitrogen or Total Phosphorus Loads. 7. Compliance with mass limits shall be determined in accordance with Special Condition A.(7.), Annual Limits for Total Nitrogen or Total Phosphorus. 8. Mercury samples shall be analyzed using EPA Method 1631E. 9. See Special Condition A. (4.), Effluent Pollutant Scan. 10. Chronic Toxicity (Ceriodaphnia) at 90%; February, May, August, and November; refer to Special Condition A.(3.). There shall be no discharge of floating solids or visible foam in other than trace amounts. A.(2) INSTREAM MONITORING REQUIREMENTS Beginning upon the permit effective date and lasting until expiration, the Permittee shall monitor instream conditions as specified below': INSTREAM CHARACTERISTICS MONITORING REQUIREMENTS MEASUREMENT FREQUENCY SAMPLE TYPE SAMPLE LOCATION Dissolved Oxygen 3/Week (June -September) Grab Upstream, Dl, D2 Weekly (October -May) Temperature 3/Week (June -September) Grab Upstream, Dl, D2 Weekly (October -May) Conductivity 3/Week (June -September) Grab Upstream, Dl, D2 Weekly (October -May) Fecal Colifonn 3/Week (June -September) Grab Upstream, DI, D2 Weekly (October -May) pH 3/Week (June -September) Grab Upstream, Dl, D2 Weekly (October -May) Total Phosphorus Weekly (June -September) 3 Grab Upstream, D1, D2 PO4 Weekly (June -September) 3 Grab Upstream, Dl, D2 TKN Weekly (June -September) 3 Grab Upstream, Dl, D2 N% + NO3 Weekly (June -September) 3 Grab Upstream, Dl, D2 NH3 as N Weekly (June -September) 3 Grab Upstream, Dl, D2 Footnotes: 1. As a participant in the Upper Cape Fear River Basin Association, the instream monitoring requirements as stated above are waived. Should your membership in the association be terminated, you shall notify the Division immediately and the instream monitoring requirements specified in your permit shall be reinstated. 2. Upstream = at NCSR 1102 D1= Downstream at NCSR 1100. D2 = Downstream at NCSR 1732. 3. Samples shall be collected during June -September only. Permit No. NCO026051 A.(3.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 909/6. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase H Chronic Whole Effluent Toxicity Test Procedure (Revised -February 1998) or subsequent versions. The tests will be performed during the months of February, May, August, and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT- 3 (original) is to be sent to the following address: NCDENR/ DWQ/Environmental Sciences Section 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form The report shall be submitted to the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Permit No. NCO026051 A.(4.) EFFLUENT POLLUTANT SCAN The Permittee shall perform an annual Effluent Pollutant Scan for all parameters listed in the attached table. The analytical methods shall be in accordance with 40 CFR Part 136 and shall be sufficiently sensitive to determine whether parameters are present in concentrations greater than applicable standards and criteria. Samples shall represent seasonal variations. Unless otherwise indicated, metals shall be analyzed as "total recoverable." Ammonia (as N) Chlorine (total residual, TRC) Dissolved oxygen Nitrate/Nitrite Kjeldahl nitrogen Oil and grease Phosphorus Total dissolved solids Hardness Antimony Arsenic Beryllium Cadmium Chromium Copper Lead Mercury* Nickel Selenium Silver Thallium Zinc Cyanide Total phenolic compounds Volatile organic compounds: Acrolein Acrylonitrile Benzene Bromoform Carbon tetrachloride Chlorobenzene Chlorodibromomethane Chloroethane 2-chloroethylvinyl ether Chloroform Dichlorobromomethane 1,1-dichloroethane 1,2-dirhloroethene Trans-1,2dichloroethylene 1,1dichloroethylene 1,2-dichloropropene 1,3dichloropropylene Ethylbenzene Methyl bromide Methyl chloride Methylene chloride 1,1,2,2-tetrachloroethane Tetrachioroethylene Toluene 1,1,1-trichloroethane 1,1,2-trichloroethane.. Trichloroethylene Vinyl chloride Acid -extractable compounds: P-chloro-m-cresol 2-chlorophenol 2,4dichlorophenol 2,4-dimethylphenol 4,6-dinitro-o-cresol 2,4-duutrophenol 2-mbrophenol 4-nitrophenol Pentachlorophenol Phenol 2,4,6-trichlorophenol Base -neutral compounds: Acenaphthene Acenaphthylene Anthracene Benzidine Benzo(a)anthracene Bero(a)pyrene 3,4 berofluoranthene Bero(ghi)perylene Bero(k)fluoranthene Bis (2-chloroethoxy) methane Bis (2-chloroethyl) ether Bis (2-chloroisopropyl) ether Bis (2,ethylhexyl) phthalate 4-bromophenyl phenyl ether Butyl beryl phthalate 2-chloronaphthalene 4-chlorophenyl phenyl ether Chrysene Di-n-butyl phthalate Di-n-octyl phthalate Dibero(a,h)anthracene 1,2dichloroberene 1,3-dichlorobenzene 1,4-dichlorobenzene 3,3dichloroberidine Diethyl phthalate Dimethyl phthalate 2,4-dinitrotoluene Z6-dinitrotoluene 1,2dipheny1hydrazine Fluoranthene Fluorene Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclo-pentadiene Hexachloroethane Indeno(1,2,3-cd)pyrene Isophorone Naphthalene Nitrobenzene N-nitrosodi-n-propylamine N-mtrosodimethylamine N-nitrosodiphenylamme Phenanthrene Pyrene 1,2,4-trichlorobenzene Test results shall be reported to the Division in DWQ Form- DMR-PPA1 or in a form approved by the Director within 90 days of sampling. The report shall be submitted to the following address: NC DENR/ DWQ/ Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617. *Mercury samples shall be analyzed using EPA Method 1631E. Permit No. NCO026051 A.(5.) REUSE OF TREATMENT PLANT EFFLUENT The effluent from the Durham County Triangle W WTP is authorized for onsite reuse subject to the following conditions: • The reuse water will be used onsite, within the fenced perimeter of the wastewater treatment plant with controlled public access, and for very specific internal uses (i.e., restrooms, HVAC system, and vehicle washdown). • The reuse water will be used by plant personnel who are trained and knowledgeable about reuse water. • An RPZ device will be required onsite to protect the potable water supply • A water meter will be installed on the reuse line to monitor usage. • No runoff shall occur from the vehicle washdown area. • Reuse piping valves will be properly labeled and locking. A.(6.) NUTRIENT ALLOCATIONS (a.) The following table lists the Total Nitrogen (TN) and Total Phosphorus (TP) allocations assigned to, acquired by, or transferred to the Permittee in accordance with the Jordan Lake nutrient management rule (T15A NCAC 02B .0270) and the status of each as of permit issuance. For compliance purposes, this table does not supersede any TN or TP limit established elsewhere in this permit or in the NPDES permit of a compliance association of which the Permittee is a Co- Permittee Member. Total Nitrogen Allocation ALLOCATION AMOUNT (1) ALLOCATION SOURCE DATE STATUS Delivered (lb/yr) Discharge (lb/yr) .TYPE Base Assigned by Rule 8111109 106,759 111,207 Active (T15A NCAC 02B .0270) TOTAL 106,759 111,207 Active Footnote: (1) Nitrogen Transport Factor = 96% Total Phosphorus Allocation ALLOCATION AMOUNT 111 ALLOCATION SOURCE DATE STATUS Delivered (lb/yr) Discharge (Iblyr) TYPE Base Assigned by Rule 8/11/09 8,179 8,432 Active (T15A NCAC 02B .0270) TOTAL 8,179 8,432 Active Footnote: (1) Phosphorus Transport Factor = 97% (b.) Any addition, deletion, or modification of the listed allocation(s) (other than to correct typographical errors) or any change in status of any of the listed allocations shall be considered a major modification of this permit and shall be subject to the public review process afforded such modifications under state and federal rules. Permit No. NC0026051 A.(7.) ANNUAL LIMITS FOR TOTAL NITROGEN OR TOTAL PHOSPHORUS (a.) Total Nitrogen (TN) and Total Phosphorus (TP) allocations and load limits for NPDES dischargers in the Jordan Lake watershed are annual limits and apply on a calendar year basis. (b.) For any given calendar year, the Permittee shall be in compliance with the annual TN (or TP) Load limit in this Permit if: (i.) the Permittee's annual TN (or TP) Load is less than or equal to the effective limit, or (ii.) the Permittee is a Co-Permittee Member of a compliance association. (c.) The TN (or TP) Load limit in this Permit may be modified as the result of allowable changes in the Permittee's allocations. (i.) Allowable changes include those resulting from purchase of TN (or TP) allocation from an authorized mitigation banker, the Ecosystem Enhancement Program, or other source allowed under applicable regulations; purchase, sale, trade, or lease of allocation between the Permittee and other dischargers; regionalization; and other transactions approved by the Division. (ii.) The Permittee may request a modification of the TN (or TP) Load limit in this Permit to reflect allowable changes in its allocation(s). (A) Upon receipt of timely and proper application, the Division will modify the permit as appropriate and in accordance with state and federal program requirements. (B) Changes in TN (or TP) limits become effective on January 1 of the year following permit modification. The Division must receive application no later than August 31 for changes proposed for the following calendar year. (iii.) Any requests for modification should be sent to: NCDENR/ DWQ/ NPDES Programs Attn: Jordan Lake Watershed Coordinator 1617 Mail Service Center Raleigh, NC 27699-1617 (d.) If the Permittee is a member and co-permittee of an approved compliance association on January 1 of a given year, its TN and TP discharges during that year are governed by that association's group NPDES permit and the limits therein. (i.) The Permittee shall be considered a Co-Permittee Member for any given calendar year in which it is identified as such in Appendix A of the association's group NPDES permit. (ii.) Association roster(s) and members' TN and TP allocations will be updated annually and in accordance with state and federal program requirements. (iii.) If the Permittee intends to join or leave a compliance association, the Division must be notified of the proposed action in accordance with the procedures defined in the association's NPDES permit. (A) Upon receipt of timely and proper notification, the Division will modify the permit as appropriate and in accordance with state and federal program requirements. (B) Membership changes in a compliance association become effective on January 1 of the year following modification of the association's permit. (e.) The TN and TP monitoring and reporting requirements in this Permit remain in effect throughout the term of the Permit and are not affected by the Permittee's membership in a compliance association. Permit No. NCO026051 A.(8.) CALCULATION OF TOTAL NITROGEN OR TOTAL PHOSPHORUS LOADS (a.) The Perauttee shall calculate monthly and annual TN Loads as follows: (i.) Monthly TN (or TP) Load (lb/mo) = TN (or TP) x TMF x 8.34 where: TN or TP = the average Total Nitrogen or Total Phosphorus concentration (mg/L) of the composite samples collected during the month TMF = the Total Monthly Flow of wastewater discharged during the month (MG/mo) 8.34 = conversion factor, from (mg/ L x MG) to pounds (ii.) Annual TN (or TP) Load (lb/yr) = Sum of the 12 Monthly TN (or TP) Loads for the calendar year (b.) The Pern-d tee shall report monthly Total Nitrogen and Total Phosphorus results (mg/L and lb/mo) in the appropriate discharge monitoring report for each month and shall report each calendar year's results (lb/yr) with the December report for that year. A.(9.) NUTRIENT MONITORING REOPENER Pursuant to N.C. General Statute Section 143-215.1 and the implementing rules found in Title 15A of the North Carolina Administrative Code, Subchapter 2H, specifically,15A NCAC 2H.0112(b) (1) and 2H.0114(a), and Part Il, Sections B-12 and B-13 of this permit, the Director of DWQ may reopen this permit to require supplemental nutrient monitoring of the discharge. The additional monitoring will be to support water quality modeling efforts within the Cape Fear River Basin, and shall be consistent with a monitoring plan developed jointly by the Division and affected stakeholders. COUNTY OF DURHAM ENGINEERING DEPARTMENT UTILITY DIVISION January 11, 2010 Return Receipt Requested Certified Mail # 7007 0710 0003 5948 0128 Mr. Mike E. Templeton NCDENR-Division of Water Quality Point Source Branch 1617 Mail Service Center Raleigh, NC 27699 Re: Draft NPDES Permit Modification rk7d� ZCdIT1fL111..11 Durham County Triangle WWTP Durham County Dear Mr. Templeton: On January 4, 2010, Durham County received your letter regarding a new draft of the subject NPDES permit. In your letter, you state that Durham County should provide any comments regarding the draft permit and these standard conditions to your office in writing, no later than January 15, 2010. This office does not consider ten business days sufficient time to provide "full and proper review of the draft permit". It is requested that Durham County be provided with a full 30 day comment period, or that the draft permit, as provided on November 4, 2009, be issued. Based upon our initial review, Durham County fords that the new draft permit as proposed is inaccurate, improperly worded, and includes requirements not supported by North Carolina General Statutes and North Carolina Administrative Code. Our comments are as follows: Part II Standard Conditions Section B, General Conditions • #l.g. 33 USC 1219 (g)(2) is an inaccurate cite. TRIANGLE WASTEWATER TREATMENT PLANT 5926 NC Highway 55 East, Durham, N.C. 27713 • (919) 544-8280 • Fax (919) 544-8590 Equal Employment/Affirmative Action Employer Section D, Monitoring and Records • #4 — "Personnel conducting testing of field -certified parameters must hold the appropriate field parameter certifications." This statement is improperly worded. Facilities and companies receive lab certifications. Personnel do not hold certifications. This statement needs more detail to be accurate. Part IV Special Conditions Section C, Municipal Control of Pollutants from IU • #2.c — This requirement is improperly worded and redundant. With respect to improper wording the permit states, "The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the W WTP. "Pretreatment Program" is not defined in the permit, and based upon its typical usage it is an administrative program not subject to impacts from slug loads or other unusual discharges. With respect to being redundant, the reporting requirement for slug loads or unusual discharges is a Standard Condition in Part II.E.9.a. of the permit. Section D, Pretreatment Programs • #10.a, d, a and #11 — This requirement is not in accordance with current North Carolina Administrative Code. The current code only requires reporting for Significant Industrial Users. The requirements stated are in the "draft" administrative code amendments. Durham County is perplexed as to the sudden changes in the draft permit. Per a previous email from you to me, EPA had provided no comments on Durham County's November 4, 2009 draft NPDES permit, see enclosure. With respect to the statement in your letter: "Please note: The Jordan Lake Wastewater Discharge rule specifies that the annual mass limits for Total Phosphorus shall be effective beginning with calendar year 2010. Thus, the proposed TP limit in your draft permit will take effect January 1, 2010, despite the delay in your permit modification. We will treat the Total Nitrogen limit in the same fashion." This statement may be inaccurate. Please do not consider these to be Durham County's complete comments on the draft permit. These are only the comments which could be prepared within the inadequate review period. Additional comments may be provided during the permit appeal process. If you have any questions, please feel free to contact me. Sincerely, ,y�L__ pz- Joseph R. Pearce, P.E. Utility Division Manager/POTW Director Enclosure cc: Coleen Sullins, NCDENR DWQ Director Glen E. Wlusler, P.E., County Engineer AAAw NCDENR - 6 North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor S__06r-Ialb ju Director November 4, 2009 To: Michael L. Douglas, P.E. NC DENR / DEH / Public Water Supply Section Regional Engineer Raleigh Regional Office From: Mike Templeton Point Source Branch/ NPDES Subject: Review of Draft Permit NCO026051 Durham County Triangle Wastewater Treatment Plant Durham County Secretary Please indicate below your agency's position or viewpoint on the draft permit and return this form by December 4, 2009. If you have any questions on the draft permit, please contact me at 919-807-6402 or mike. templeton@ncdenr.gov. rx�rzr����xzrtrtrtzx�rtrtxxx��»xart���+a�x»»+x-x�xxxxx+rrt>Ex�x RESPONSE: (Check one) j� Concurs with the issuance of this permit provided the facility is operated and maintained properly, 14 the stated effluent limits are met prior to discharge, and the discharge does not contravene the designated water quality standards. ❑ Concurs with issuance of the above permit, provided the following conditions are met: ❑ Opposes the issuance of the above permit, based on reasons stated below or attached: Signed yl Date i Q 1617 Mail Service Certer, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One Phone: 9IM07-6300 \ FAX: 9IM07-6492 \ Customer Service: 1-877-623-6748 North Carolina Internet: wwa.ncwaterqualfive rg Action Natimally An Equal Opponurrry \ Alfinnative Action Employer AFFIDAVIT OF PUBLICATION State of North Carolina County of Durham Jennifer Snead, being duly sworn, says that she is the Principal Clerk of PMG, LLC, doing business as The Herald - Sun, a newspaper published in and of general circulation in said County, and that a notice of which the annexed is a True Copy, was published in said newspaper one time on the 17th day of November, 2009. Pri . ci 1 Clerk Sworn to and subscribed before me this 17th day of November, 2009. c otary Public 0wrarrfee My Commission Expires: 8-15-14 Durham County, North Carolina sW ra� and WP110@00h ct nel ccrr n39on limW mo* ant Discharge inetlon System eRedie 45 days fian»tte ip ' q>Bse modice,, e"e W ast Total Aarge Yryts h advtlance with Was" Irian[ Maragernent Stratag,!A Len T 'r INJCCAC 02- Ineen (14) aRected fii.Wes dleLflagB W h the Jaden late wa4astarJ Of •x No. N000 7597 Oty Of Dutem ,AFF, dXha," to raw Hope Or No. N0o025241, Orange Water & - N Fern WWTP, dedargi g b V20= . WFrn ' Oanty. - 71F ar 1,, glg to Natlea4 Qaek n DX - No. NC0050413, Utrlvn WW - Ca- WN1P, ciscN g9 m Magai Dra* rNo. NCoo43559, Fearrnrgton UGfties, in UIiI® W ,, dsJ^ vr" to UT to Na NCOD473M, Cky of Gmsnsbcro - WWrP, disdarghg W SOW[ BuNab Na ND"Q25, Coy d Cr� » VuVJIP. dedaom b Norl, 9 - 1,1VTP F R In GLftd �WAgR dish W Big Ak-- Qest PenNt NO. NODW4W, City of Fladse - WNfP, decteig9 W Haw MW h Rock- 1 No. Ncoo2o354, T~ at Ms - ,. WARP, derlarcjig W Robeson Creak h N. "Co0fi89 , Warterstona Farts - _ - tlwrterstone Farm W WIP, matia m to U990 met a �� aacr rearms for l W G,eeY A the Snnnkle at (09) t� and Other -Amtrg dm- on finewest r. main Wrn* b iaticn to to IND Mom Of O.e edit'$ a nal N Ota 211 4.Value$2,05 eoch.1g,500each,orell six an me e-m,.,�l Of v, }oaks reds, for$12,M.(919)302-11dB Mvsetelemon and CllCkon'Emplo3$, d%wL' EOE/W HN Untt rrmrw ar ,mere w now a NI k2i VIMMVIer Porr1Yr The North Caroling Environmental Mandou ment Commisslon proposes to Iowa NPDES wastewater discharge permit to Me Person(s) listed below. Halifax Count Schools requested renewal of permit N0003800 for Pittman Elementary School WWTP In Halifax Caonh. This Permitted mclllty dischowrtreafkiwasfewaterto an unnamed tributary to Burnt Coal Swamp In the Tor -Pamlico River Basin. Halifax County Schools requested renewal of permit NCO0395e0 for Eastman Middle School W WTP in Halifax Couniv; this permitted discharge Is treated wastewgt, to an unnamed trlbumry to Little Flshlna Creek in the Tar-Pemllco River Basin. Halifax County Schools requested renewal of permit NC00XdWuifur Dawson Elementary School WWTP In Halifax County; this permitted discharge is treated wastewater N an unnamed tributary to Deep Creek, Tar-Pamlics River Basin. Chowan County (P.O. Box 1030, Edenton, NC 27932) has walled for renewal of NPDES permit NCO032719 for Me Valhalla Water Treatment Plant in Chowan County. This permitted facility dlscharces treated wastewater 1a RockYhock Creek in Me Chawgn River Basin. Currently toNl rnldual chlorine and total chloride are water quality limited. This dlschame may affect future allocatlons In this Portion of the Chowan River Basin. Unlfi-Kinston, LLC, lG3 Hwy it North, Kinston, NC 28502, has applied for a modification of Its NPDES permit (NC0003760� dlacharging treated industrial wastewater M the News River In the Neun River Basin. The NPDES permit is being mmootltlifled to Include the discharge of siarm inter and low -flow landfill leathate. This discharge may affect future discharges In this portion of the river basin Durham County, TrlangIe W WTP, NCW26051, hm omiled foron NPDES permit renewal. This facility discharges to Northeast Creek in the Cafe Fear River Basin. Currently 000 and ammonia are water goal lty Ilmited. This cWharge may stied future discharges in this portion of the receiving stream. The City of Durham, 101 City Hall Plaza, Durham, NC 27701 has applied for renewal of NPDES permit NCO047597 for Its South Durham Water Reclamation Facility In Durham County, This permitted facilitvdlscharges treatedwastewaterta an unnamed tributary N New H"Fe Creek in the Cam Fear River Basin. Currently, BOD, ammonia nitrogen, total residual chorine, total Phosphorus, and total nitrogen are water quality limited. This discharge may affect future allocations in this portion of the watershed. Town of Macclesfleid has requested renewal of permit NC0050661 for the Moccleefield WWTP in Edgecombe County. This permitted discharges is treated domestic wastewater to Briery Branch In the Tar-Pamllao River Basin. Feerrington Utilities, Inc.(20D0 Fearri fan Village, Plttsaoro, NC 27312) has applied far renewal of NPDES permit number N 59 for the Fearrington Village WWTP in Chatham County. This permitted facility discharges filter -backwash wastewaterto In the Bush Creek in the Cape Fear River Basin. Some parameters may be waterquality limited, which may affect future allocations in this portion of the Cape Fear River Basin. City of Burlipton (,P.O. Box 1358, Burlington, NC 9216-1359), has applied for mmml of NPDESpermtnumber NC0023676forthe win Burl ington WWTP. This permitted facility discharges treated wastewater is the Big Alamance Creek In the Cape Fear River Basin. Some parameters may be water quality limited, which nay affect future allocations in this portion of the Cam Fear River Basin. City of Burlington, NPDES permit NC0023e6e, has applied for renewal of Its permit discharging to the Haw River inthe Cape Fear River Basin. BOD, ammwla, total residual chloripe and W.1 Phosphorasare water uality limited parameters. Thiedischorse may affect future allocations Into the receiv�he stream. Chyd Mebane, permit No. NCa021474, hasawlledferrepewaloflispermltdischar9ingN Mradams Creek In the Cam Fear River Basin. SOD, ammonia, total residual chloripe, fluoride and mercury are water quality limited parameters. This discharge may affect future allocations In this Portion of Me mcelVIng stream. hil PE =G COUNTER HELP positions, 9_19must I,flan..919-B4e-1310 EMM CLEANERS - Exl MUST hove own driven license. C TC 81 seeks a few, independent newspapers i candidates W portation and Eally morning Call Mlk I' I CHILD CARE SE located in our D ES. Look for C undertlotheadl, SERVICES. HOUSEKEEPEF for. 1-2 days wk 121. IIII � I FRESH SHRIMP. Caught. 252-725-n TROYBILT Walk Murray Pushmo par 5200 neap. 9. III I ' ALL OAK cure Plak�p truck it S CORDS, MO, 2, 524-0326 or 422-3 DRY OAK FI RE, stocked. Call 919 "=— FIREWOOD: Drive stacked. 919-M72 N. RALEIGH Fire Oak, 1R Cord W. Bred. 919EW-1418 r Crettlt&n Wakem-3pmublicelf C. Templeton, Mike From: Templeton, Mike Sent: Friday, October 30, 2009 12:18 PM To: jpearce@co.durham.nc.us Cc: Poupart, Jeff Subject: nutrient limits, to optimization Joe - In response to your October 8 email to me and your more recent call to Jeff Poupart, I am writing to confirm that the draft permit modification for the Durham County Triangle WWTF will include the new limit for nitrogen (as well as phosphorus) and, as a result, will not include the nitrogen optimization requirements that apply to the other Jordan Lake dischargers under T15A NCAC 02B .0270. — Mike T Michael E. Templeton, P.E. Point Source Branch/ NPDES Surface Water Protection Section NCDENR - DWQ Raleigh, NC Tel: 919.807.6402 Fax: 919.807-6495 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. e�� NCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Glen E. Whisler, County Engineer Durham County 120 E Parrish Street, lst Floor Durham, North Carolina 27701 Dear Mr. Whisler: Division of Water Quality Coleen H. Sullins Director October 1, 2009 Dee Freeman Secretary Subject Notification of Intent to Modify NPDES Permit NCO026051 to Incorporate Jordan Lake Nutrient Requirements Triangle WWTP Durham County Governor Bev Perdue recently signed legislation to complete passage of rules for the Jordan Lake Nutrient Management Strategy. The Strategy includes a Wastewater Discharge rule (T15A NCAC 02B .0270) that applies to your wastewater treatment facility. Pursuant to Sub -Item (6)(d) of that rule, I am writing to notify you of (1) the nutrient allocations assigned to your facility and (2) the Division of Water Quality's intent to modify the facility's NPDES permit to include nutrient limits as provided in the rule. I also wish to remind you of other provisions of the rule that require your prompt attention. This letter addresses only certain provisions of the Jordan Lake Wastewater Discharge rule. I encourage you to familiarize yourself with the remainder of this rule. Nutrient Allocations. The Wastewater Discharge rule establishes the maximum loads of nitrogen and phosphorus that can be released from wastewater treatment facilities into the Jordan Lake watershed. The rule specifies that these wasteload allocations are to be divided among the existing facilities in proportion to their 2001 permitted flows (with certain exceptions). Your facility has been assigned nitrogen and phosphorus allocations. The allocations are expressed as annual mass loadings delivered to the lake. Due to foreseeable losses between the discharge point and the lake, they are also expressed as the equivalent discharge loads at the point of discharge. The delivered and the corresponding discharge allocations assigned to your facility are as follows: NCO026051. Delivered Allocation (lb/yr) Transport Factor Discharge Allocation (lb/yr) Total Nitrogen 106,759 96 111,207 Total Phosphorus 8,179 97 8,432 2001 Permitted Flow: 12 MGD (as defined in Wastewater Discharge rule) 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 One Phone: 919-807-M I FAX: 9IM07-64921 Customer Service: 1-877-62M748 NorthCarolina Internet: www.nnity \ A qualitve rg Action a'�rytulNa //y An Equal OppaWnitylAfirrnalive Action Employer (/yK L " Glen E. Whisler, County Engineer Notification of Intent to Modify NPDES Permit October 1, 2009 Intent to Modify Permit. The new rule specifies that facilities with permitted flows at or above 0.1 MGD, including yours, will be subject to effluent limits for nitrogen and phosphorus. The effluent limits will equal the facility's discharge allocations. The new phosphorus limits become effective beginning with calendar year 2010. Nitrogen limits become effective beginning with calendar year 2016. It is the Divisions intent to modify the affected permits by the end of 2009 to include the new phosphorus limits. We will draft permit modifications for the affected facilities in the coming weeks. As with any such permit action, the proposed modifications will be subject to public review, and we will provide you with a copy of the draft permit at that time. The Division will add nitrogen limits during the 2011 permit renewals, with a compliance date of 2016. Process Optimization. The rule specifies that no later than six months after its effective date, each discharger with a permitted flow greater than or equal to 0.5 MGD must "evaluate its treatment facilities and operations and identify further opportunities to improve and minimize nitrogen reduction in the existing facilities...; and submit a report to the Division documenting its findings, proposing optimization measures, and describing expected results." Please provide three copies of your report to the Division at the following address no later than February 11, 2010: Division of Water Quality Surface Water Protection Section, Point Source Branch Attn: Jordan Lake Coordinator 1617 Mail Service Center Raleigh, NC 20699-1617 Each discharger must implement the proposed measures no later than six months after the Division accepts the report and continue until such time as the facility is upgraded for nitrogen removal. The affected dischargers must also submit annual progress report to the Division for a period of five years. If you have any questions regarding these requirements, please contact Mike Templeton at (919) 807- 6402 or at mike. templeton@ncdenr.gov. Sincerely, *o1eenS cc: Joseph R. Pearce, Utility Division Manager -120 E Parrish St, Durham, NC 27701 Raleigh Regional Office NDPES Files Central Files