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HomeMy WebLinkAboutWQ0010197_Final Permit_20221213ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director JIMMY SUMMERS — VICE PRESIDENT AMERICAN & EFIRD LLC 121 WEST TRADE STREET — SUITE 1700 CHARLOTTE, NORTH CAROLINA 28202 Dear Mr. Summers: NORTH CAROLINA Environmental Quality December 13, 2022 Subject: Permit No. WQ0010197 American & Efird — Mount Holly CLRS Closed -Loop Recycle System Gaston County In accordance with your permit renewal request received October 28, 2022, we are forwarding herewith Permit No. WQ0010197 dated December 13, 2022, to American & Efird LLC for the continued operation of the subject wastewater treatment and closed -loop recycle facilities. Please note that this renewed permit shall become effective on May 1, 2023 (i.e., the day after the expiration date of the existing permit). This permit shall be effective from May 1, 2023 through March 31, 2029, shall replace Permit No. WQ0010197 issued December 11, 2017 and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than October 2, 2028. 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 December 11, 2017: 2017: ➢ Old Condition VL2 — This condition has been removed because permits are not voidable. The following permit conditions are new since the last permit issuance dated December 11, ➢ Condition IIL10 — This condition indicates that metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0608] 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. Jimmy Summers December 13, 2022 Page 2 of 2 If you need additional information concerning this permit, please contact Alys Hannum at (919) 707-3657 or alys.hannum&ncdenr.gov. Sincerely, Richard E. Rogers, Jr., Director Division of Water Resources cc: Gaston County Health Department (Electronic Copy) Mooresville 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 American & Efird LLC Gaston County FOR THE continued operation of a 68,000 gallon per day (GPD) wastewater treatment and closed -loop recycle facility consisting of: a 1.0 million gallon (MG) unlined settling basin to remove solids from the existing alum floc basin, to remove drain water, and to remove existing sand filter backwash; a pumping facility to pump the clarified water back to the head of the water treatment plant's raw water reservoir; and all associated piping, valves, controls, and appurtenances to serve the American & Efird — Mount Holly CLRS, with no discharge of wastes to surface waters, pursuant to the application received October 28, 2022 and in conformity with the Division -approved plans and specifications considered a part of this permit. This permit shall be effective from May 1, 2023 through March 31, 2029, shall replace Permit No. WQ0010197 issued December 11, 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 October 2, 2028. [15A NCAC 02T .0105(b), 02T .0109] WQ0010197 Version 5.0 Shell Version 200201 Page 1 of 6 IL 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)] 3. The facilities herein were permitted per the following setbacks: a. The storage and treatment units were originally permitted January 31, 1995. 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 In. 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)] III. OPERATION AND MAINTENANCE REQUIREMENTS 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] 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 .I100]. 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 1.0 MG unlined settling basin shall not be less than two feet at anytime. [15A NCAC 02U .0404(c)(6)] WQ0010197 Version 5.0 Shell Version 200201 Page 2 of 6 8. A gauge to monitor waste levels in the 1.0 MG unlined settling 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. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)] 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. Freeboard (i.e., waste level to the lowest embankment elevation) in the 1.0 MG unlined settling 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)] 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)] WQ0010197 Version 5.0 Shell Version 200201 Page 3 of 6 6. Noncompliance Notification: The Permittee shall report to the Mooresville Regional Office, telephone number (704) 663-1699, 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 Mooresville 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)] 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)] WQ0010197 Version 5.0 Shell Version 200201 Page 4 of 6 VL 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] WQ0010197 Version 5.0 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 13th day of December 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0010197 WQ0010197 Version 5.0 Shell Version 200201 Page 6 of 6 UJ - a l a ilip''All 11111111C�! - ti U3 I A IP 11 CID C.. SP' kp *k, 'I- W * I