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HomeMy WebLinkAboutWQ0023306_Final Permit_20230130ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director JORDAN HUGHES — CITY ENGINEER CITY OF NEW BERN POST OFFICE BOX 1129 NEW BERN, NORTH CAROUNA 28563 Dear Mr. Hughes: NORTH CAROLINA Environmental Quality January 30, 2023 Subject: Permit No. WQ0023306 City of New Bern Class A Residuals Program Distribution of Class A Residuals Craven County In accordance with your permit renewal request received September 7, 2022, and subsequent additional information received January 18, 2023, we are forwarding herewith Permit No. WQ0023306 dated January 30, 2023, to the City of New Bern for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on February 1, 2023 (i.e., the day after the expiration date of the existing permit). This permit shall be effective from February 1, 2023 through January 31, 2030, shall replace Permit No. WQ0023306 issued July 20, 2016, and shall be subject to the conditions and limitations as specified therein. The Permittee shall submit a renewal application no later than August 4, 2029. Please pay particular attention to the monitoring requirements listed in 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. Please note that on September 1, 2018, North Carolina Administrative Code Title 15A Subchapter 02T — Waste not Discharged to Surface Waters was readopted. Accordingly, this permit incorporates the requirements of these rules, therefore, please take the time to review this permit thoroughly. The Division has removed the following permit conditions since the last permit issuance dated July 20, 2016: ➢ Old Condition II.4. — This condition has been removed because it is covered under Condition II.3. ➢ Old Condition II.5. — This condition has been removed because it is covered under Condition IV2. ➢ Old Condition II.9. — The setbacks for treatment and storage units have been removed because there are not any treatment or storage units covered in this permit. 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 NOR�HCAROLINA ©.'roMtor 919,707,9000 Mr. Jordan Hughes January 30, 2023 Page 2 of 3 ➢ Old Condition II.13. — This condition has been removed because there are not any treatment or storage units covered in this permit. ➢ Old Condition III.4. — This condition has been removed because it is covered by the new Condition III.8.h. ➢ Old Condition IIL5.h. — This condition has been removed because soil pH land application limitations have been removed. ➢ Old Conditions IIL6. and IIL7. — These conditions have been removed because Utilization agreements are no longer required. ➢ Old Condition IIL8. — This has been replaced by Condition IIL6. ➢ Old Condition VL2. — This condition has been removed because this permit is not voidable. The following permit conditions are new since the last permit issuance dated July 20, 2016: ➢ Condition IIL3. — Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the residuals management program, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. Please note that WPCSOCC has not classified this type of program to require an ORC at the time of permit issuance. ➢ Condition IIL4. — The Permittee shall ensure that a copy of this permit and the Division - approved Operation and Maintenance Plan is available when land applying bulk Class A residuals. ➢ Condition IIL5. — The Permittee shall ensure that spill control provisions are available when transporting or land applying bulk Class A residuals. ➢ Condition IIL6. — This condition replaces the Old Condition IIL8, detailing staging requirements. ➢ Condition IIL9. — The Permittee shall notify all third -parry entities receiving bulk Class A residuals that land application activities occurring on the third-party's property shall meet the requirements in 15A NCAC 02T .I 108(b) and 02T .I 109(a)(1). ➢ Condition IIL8.1. — Residual land application may not occur if the land application sites are located within a WS-1 watershed pursuant to 15A NCAC 02B .0212 or within the Critical Area of a WS-II, WS-III, or WS-IV watershed. ➢ Condition VL6 — The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. ➢ Condition VL7. — 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. ➢ Condition VI.10. — This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. Mr. Jordan Hughes January 30, 2023 Page 3 of 3 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. If you need additional information concerning this permit, please contact Erick Saunders at (919) 707-3659 or erickson.saunderskncdenr.gov. Sincerely, DDocuSigned by: T..u. "WoN83 Richard E. Rogers, Jr., Director Division of Water Resources cc: Craven County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH DISTRIBUTION OF CLASS A RESIDUALS 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 City of New Bern Craven County FOR THE continued operation of a residuals management program for the City of New Bern and consisting of the distribution of Class A residuals generated by the approved facilities listed in Attachment A, with no discharge of wastes to surface waters, pursuant to the application received September 7, 2022, subsequent additional information received January 18, 2023, and in conformity with other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. The disposal of residuals is regulated under Title 40 Code of Federal Regulations Part 503. This permit does not exempt the Permittee from complying with Federal Regulation 40 CFR Part 503. This permit shall be effective from February 1, 2023 through January 31, 2030, shall replace Permit No. WQ0023306 issued July 20, 2016, 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 August 4, 2029. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS The Permittee shall maintain and operate the subject residuals management program so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the residuals management program fails to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease distributing residuals, take immediate corrective actions, and contact the Washington Regional Office supervisor. [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 residuals management program. [15A NCAC 02T .0108(b)(1)(A)] 3. Only residuals generated by the facilities listed in Attachment A are approved for distribution in accordance with this permit. [15A NCAC 02T .1101] WQ0023306 Version 4.0 Shell Version 200201 Page 1 of 10 4. Pollutant concentrations in distributed residuals shall not exceed the following Ceiling Concentrations or Monthly Average Concentrations, on a dry weight basis: Parameter Ceiling Concentration Monthly Average Concentration img/w (mg1kg) Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Molybdenum 75 N/A Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 [15A NCAC 02T .1105(a), 02T .1105(c)] 5. Class A biological residuals shall meet the pathogen reduction requirements in 15A NCAC 02T .1106(a). Exemptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1106(a), 02T .1106(d)] 6. Class A biological residuals shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a). Exemptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1107(a), 02T .1107(c)] 7. The facilities and sites herein were permitted per the following setbacks: a. Setbacks for Class A land application sites are as follows (all distances in feet): Liquid Cake Residuals Residuals' I. Each private or public water supply source: 100 100 ii. Surface waters such as intermittent and perennial streams, perennial 100 25 waterbodies, and wetlands: iii. Surface water diversions such as ephemeral streams, waterways, and 25 0 ditches: iv. Groundwater lowering ditches where the bottom of the ditch 25 0 intersects the SHWT: v. Each well with exception of monitoring wells: 100 100 vi. Bedrock outcrops: 25 0 ' Unless otherwise noted in Attachment A, "cake" residuals are those that have greater than 15% solids by weight and can be stacked without flowing, as well as can be handled, transported and spread as a solid (e.g., using a backhoe, front end loader, slinger spreader, broadcast spreader or other equipment designed for handling solid materials) without leaving any significant liquid fraction behind. [15A NCAC 02T .1108(b)] WQ0023306 Version 4.0 Shell Version 200201 Page 2 of 10 8. Residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science(https://realisticyields.ces.ncsu.edu/). A copy shall be kept on file and reprinted every five years in accordance with Condition IV.6. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application rates reported in any of the following documents: i. Crop management plan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group -Guidance Document: Chapter 1 (hLtp://www.ncagr.gov/SWC/tech/documents/9th Guidance Doc 100109.pdf). In. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards (https://www.nres.usda.gov/resources/guides-and-instructions/nutrient- management-ac-590-conservation-practice-standard). d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. [15A NCAC 02T . I 109(a)(1)(K)] 9. Prior to distributing Class A residuals that have a sodium adsorption ratio (SAR) of 10 or higher, the Permittee shall obtain and implement recommendations from at least one of the following: the local Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee shall maintain written records of these recommendations and details of their implementation. The Permittee shall notify third -party entities of the effects of a high SAR content residuals on their receiving sites. [I5A NCAC 02T .0 1 08(b)(1)(A)] WQ0023306 Version 4.0 Shell Version 200201 Page 3 of 10 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the residuals management program as anon -discharge system. [15A NCAC 02T .1100] 2. The Permittee shall maintain a Division -approved Operation and Maintenance Plan that shall include: a. Description of the program, and associated facilities and equipment, in sufficient detail to show what operations are necessary for the program to function and by whom the functions are to be conducted; b. Description of anticipated maintenance of facilities and equipment associated with the program; c. Include provisions for safety measures, including restriction of access to sites and equipment; d. Spill control provisions: I. Response to upsets and bypasses including control, containment, and remediation; and ii. Contact information for plant personnel, emergency responders, and regulatory agencies; e. Detailed inspection procedures: I. Names or titles of personnel responsible for conducting inspections; ii. Frequency and location of inspections, and procedures to assure that the selected locations and inspection frequency are representative of the residuals management program; and iii. Description of record keeping and actions to be taken by the inspector in the event that noncompliance is observed; f Detailed sampling and monitoring procedures: I. Names or titles of personnel responsible for conducting sampling and monitoring; ii. Description of monitoring procedures including parameters to be monitored; and iii. Sampling frequency and procedures to assure that representative samples are collected. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to meet pathogen and vector attraction reduction requirements. [15A NCAC 02T .I I I0(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the residuals management program, 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 visit the facilities in accordance with 15A NCAC 08G 0204 and shall comply with all other requirement in 15A NCAC 08G 0204. [15A NCAC 02T .0117, 08G .0204] 4. The Permittee shall ensure that a copy of this permit and the Division -approved Operation and Maintenance Plan is available when land applying bulk Class A residuals. [15A NCAC 02T .1110(b)] 5. The Permittee shall ensure that spill control provisions are available when transporting or land applying bulk Class A residuals. [15A NCAC 02T .1110(a)(4)] 6. Class A residuals may be staged at the land application site for up to 30 days for biological residuals and 60 days for non -biological residuals. Class A residuals shall be stored or staged in a manner to prevent runoff of leachate and other wastewaters generated. [15A NCAC 02T .1110(c), 02T .1110(d)] 7. Adequate measures shall be taken to prevent wind erosion and runoff from the bulk Class A residual land application sites. [15A NCAC 02T .0108(b)(1)(A)] WQ0023306 Version 4.0 Shell Version 200201 Page 4 of 10 8. Bulk Class A residuals shall not be land applied under the following conditions: a. If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat; b. If the application causes nuisance conditions; c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface water or groundwater standards; d. If the land is flooded, frozen, or snow-covered, or is otherwise in a condition such that runoff of the residuals would occur; e. Within the 100-year flood elevation, unless the residuals are injected or incorporated within a 24- hour period following a residuals land application event; f During precipitation events, or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; g. If the slope of the land is greater than 10% when liquid residuals are surface applied, or if the slope of the land is greater than 18% when liquid residuals are injected or incorporated; h. If the land does not have an established vegetative cover crop unless the land is a Division -approved no -till site, or the residuals are injected, or incorporated within a 24-hour period following the application of residuals; i. If the vertical separation of the seasonal high water table and the depth of residuals application is less than one foot; j. If the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; k. If the application exceeds agronomic rates; or 1. If the land application sites are located within a WS-I watershed pursuant to 15A NCAC 02B .0212 or within the Critical Area of a WS-II pursuant to Sub -Item (4)(g) of Rule 15A NCAC 02B .0212, or within the Critical Area of a WS-III or WS-IV watershed pursuant to Sub -Item (4)(h) of Rules 15A NCAC 02B .0215, and .0216. [15A NCAC 02T. I 109(a)(1), 02T. I 109(b)] 9. The Permittee shall notify all third -party entities receiving bulk Class A residuals that land application activities occurring on the third-party's property shall meet the requirements in 15A NCAC 02T .1108(b) and 02T .1109(a)(1) (i.e., Conditions II.7.a. and III.8., respectively). [15A NCAC 02T .1103(a)(4), 02T .1103(a)(5)] 10. Bagged or other container Class A residuals shall have an affixed label or an information sheet provided to the person receiving the Class A residuals. The label or information sheet shall contain the following: a. The name and address of the person who prepared the residuals; b. A statement that residual land application is prohibited except in accordance with the instructions on the label or information sheet; c. A statement that the residuals shall be applied at agronomic rates and recommended rates for its intended use. [15A NCAC 02T. I 109(c)] 11. The Permittee shall not distribute bulk Class A residuals to any person or entity known to be applying residuals contrary to the conditions of this permit. The Permittee shall report to the Washington Regional Office any person or entity known to be applying residuals contrary to the conditions of this permit. [15A NCAC 02T .0108(b)(1)(A)] WQ0023306 Version 4.0 Shell Version 200201 Page 5 of 10 IV. MONITORING AND REPORTING REQUIREMENTS The Permittee shall conduct and report any Division required monitoring necessary to evaluate this program's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. The residuals from each source generating facility shall be analyzed to demonstrate they are non- hazardous under the Resource Conservation and Recovery Act (RCRA). Residuals that test or are classified as a hazardous or toxic waste under 40 CFR Part 261 shall not be land applied. The analyses (i.e., corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)) shall be performed at the frequency specified in Attachment A, and the Permittee shall maintain these results for five years. Any exemptions from the requirements in this condition shall be specified in Attachment A. The TCLP analysis shall include the following parameters, and the Federal regulatory level (mg/L) is in parentheses: Arsenic (5.0) 1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0) Barium (100.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) Benzene (0.5) 1,1-Dichloroethylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Heptachlor (and its epoxide) (0.008) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Hexachlorobenzene (0.13) Toxaphene (0.5) Chloroform (6.0) Hexachlorobutadiene (0.5) Trichloroethylene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0) m-Cresol (200.0) Lead (5.0) 2,4,6-Trichlorophenol (2.0) o-Cresol (200.0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0) p-Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2) Cresol (200.0) Methoxychlor (10.0) 2,4-D (10.0) Methyl ethyl ketone (200.0) Once the residuals have been monitored for two years at the frequency specified in Attachment A, the Permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per permit cycle. [15A NCAC 13A .0102(b), 02T .1101, 02T .1105] WQ0023306 Version 4.0 Shell Version 200201 Page 6 of 10 3. The residuals from each source generating facility shall be analyzed at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. Each analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia -Nitrogen Molybdenum Selenium Arsenic Nickel Sodium Cadmium Nitrate -Nitrite Nitrogen Sodium Adsorption Ratio (SAR) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) [15A NCAC 02T .1101] 4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A. The monitoring results shall specify the stabilization process utilized, and demonstrate compliance with the Class A pathogen reduction requirements in 15A NCAC 02T .1106(a), and one vector attraction reduction requirement in 15A NCAC 02T .1107(a) shall be met. Any exemptions from the requirements in this condition shall be specified in Attachment A. [15A NCAC 02T .1106(a), 02T .1107(a), 02T .1111(c)] 5. Representative samples of residuals that are prepared for distribution shall be collected and analyzed. [15A NCAC 02T .1I I I(a)] 6. The Permittee shall maintain records for all bulk Class A residual distribution events. These records shall include the following: a. Residuals source (as listed in Attachment A); b. Date of distribution; c. Name and address of residuals recipient; d. Volume of residuals distributed to each recipient; and e. Intended use of residuals. [15A NCAC 02T .010g(c)] 7. One hard copy and one electronic copy of an annual report shall be submitted on or before March 1st The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms. Instructions for reporting and annual report forms are available at httD:Hdea .nc. eov/about/divisions/water-resources/water-resources-hermits/wastewater-branch/non- discharge-permitting-unit/reportin -fg orms, or can be obtained by contacting the Non -Discharge Branch directly. The annual report shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .I I I1(d)] WQ0023306 Version 4.0 Shell Version 200201 Page 7 of 10 8. Noncompliance Notification The Permittee shall report to the Washington Regional Office, telephone number (252) 946-6481, within 24 hours of first knowledge of the: a. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate residual treatment. b. Any failure resulting in a discharge to surface waters. c. Any time self -monitoring indicates the program has gone out of compliance with its permit limitations. d. Distribution of residuals abnormal in quantity or characteristic. e. Any discharge from a vehicle or piping system transporting residuals. 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 Permittee's storage and distribution facilities. [15A NCAC 02T .1110(f)] 2. The Permittee shall inspect the Permittee's residuals processing, storage, and transport 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 inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(1)(A), 02T .1110(f)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the distribution sites or 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)] WQ0023306 Version 4.0 Shell Version 200201 Page 8 of 10 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)] If the permitted residuals program 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. 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] WQ0023306 Version 4.0 Shell Version 200201 Page 9 of 10 7. 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)] 8. 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 30'h day of January 2023 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DocuSigned by: Na{� a�n its T uvvj"t,�.v D1043082680C483... Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0023306 WQ0023306 Version 4.0 Shell Version 200201 Page 10 of 10 �R 9 day 0 � O O ii y cc o • ,'a, O y CG cd y z w � y o � wZU A CL o � CQ C4 COIn 00 In M CO z � a z 3 O U U U CO 3r. z 3 w � � z z U U — N M Itil In H O � iC iC rq CO o O O 7 i CO y O o o O. y lz o y y on Al y o A A y 71 s 4 .y o 0 a o 0 N o o Oa d V N o 71 y H A ni A .4 O E w 19 0 O y W a W