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HomeMy WebLinkAboutWQ0043928_Permit (Issuance)_20230126ROY COOPER Go Pernor ELIZABETH S. BISER 3 ecrerary RICHARD E. ROGERS, JR. Qirrrror NORTH CAROLINA Errvirvrnmemal QuI2111y January 26, 2023 Mr. Mike Biggers, President TCB Properties of North Carolina, LLC 630 Pitts School Rd. Concord, NC 28027 Subject: Permit No. WQ0043928 Domestic Wastewater Pump & Haul Permit 2980 New Town Way, Concord TCB Properties of North Carolina, LLC Cabarrus County Dear Mr. Biggers: In accordance with your application received on January 23, 2023 we are forwarding herewith Permit No. WQ0043928, effective January 26, 2023, to TCB Properties of North Carolina, LLC, at the 2980 New Town Way facility for the time -limited operation of a domestic wastewater pump and haul operation. This permit shall be effective on January 26, 2023, will expire on July 26, 2023, and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please pay particular attention to the following conditions contained within this permit: Condition 1.2: The Permittee or its representative shall inspect the permitted pump and haul facilities at least daily to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance condition. Condition 11.1: An accurate record of the pump and haul activities must be maintained by the Permittee, indicating: Date and time wastewater is removed from the facility; Name of contract hauler; Name of facility receiving wastewater; & Volume of wastewater removed. Condition 11.14: This permit shall expire July 26, 2023. Should the pump and haul activities stop prior to the date of expiration, send written notification to the Mooresville North Carolina Deparl mcr t of EarnronmenUd Quality I Division of Water Rcsourres / Mooresville Rtglonaf 417icr 14310 East Crnler Av�nue, Suite 301 I Mooresville, Nooth Cara6lna 28115 704.bb3.1699 TCB Properties of North Carolina, LLC Permit No. WQ0043928 Regional Office, Division of Water Resources, Water Quality Regional Operations Section notifying them of that the permit is no longer required and detailing the final disposal solution. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Ori Tuvia at (704) 235-2190 or via e-mail at Ori.Tuvia@ncdenr.gov. Sincerely, DocuSigned by: F161FB69A2D84A3... for Richard E. Rogers, Jr. Director, Division of Water Resources By Andrew H. Pitner P.G., Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: MRO Files (Laserfiche) Marty McLaughlin (E-copy) Page 2 of 7 NORTH CAROL INA Err wrronmerr rc� Quality STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY DOMESTIC WASTEWATER PUMP & HAUL 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 the TCB Properties of North Carolina, LLC for the construction and operation of a domestic wastewater pump and haul operation to serve 2980 New Town Way, Concord, Cabarrus County. The anticipated flow for this pump and haul operation is expected to be 125 gallons per day of domestic wastewater. Flow will be stored in a 1500-gallon storage tank, equipped with audible and visual high-water alarms, pursuant to the application received January 23, 2023, and in conformity with 15A NCAC 02T and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective on January 26, 2023, will expire on July 26, 2023, and shall be subject to the conditions and limitations as specified therein. Docu Signed by: 401!4W H P;,Uf4 F161FB69A2D84A3... for Richard E. Rogers, Jr. Director, Division of Water Resources By Andrew H. Pitner P.G., Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ By authority of the Environmental Management Commission Permit Number: WQ0043928 Permit Issued: January 26, 2023 Page 3 of 7 SUPPLEMENT TO PERMIT COVER SHEET TCB Properties of North Carolina, LLC is hereby authorized to: Construct and operate the aforementioned domestic wastewater pump and haul operation. The domestic wastewater collected by this system shall be pumped and hauled to the Water and Sewer Authority of Cabarrus County's Rocky River Waste Water Treatment Plant, NPDES Permit NC0036269. This permit shall become voidable unless the agreement between TCB Properties of North Carolina, LLC, Water and Sewer Authority of Cabarrus County's Rocky River WWTP, and A.L. Lowder Inc., for the collection, transportation, and final treatment of wastewater, is in full force and effect. [15A NCAC 02T.0204(b) It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. SPECIAL CONDITIONS 1. The Permittee or its representative shall inspect the permitted pump and haul facilities during pump and haul activities to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance condition. The Permittee shall maintain an inspection log or summary including at least: a. Date and time of inspection; b. Observations made; c. Any maintenance, repairs, or corrective actions taken by the Permittee. The Permittee shall maintain this log of inspections for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. [15A NCAC 02T .0204(d)] 2. The Mooresville Regional Office must be notified at least 48 hours prior to the commencement of the pump and haul activities so that a site inspection may be performed. [15A NCAC 02T .0110]. STANDARD CONDITIONS 1. An accurate record of the pump and haul activities must be maintained by the Permittee, indicating: a. Date and time wastewater is removed from the facility; b. Name of contract hauler; c. Name of facility receiving wastewater; d. Volume of wastewater removed. Page 4 of 7 The Permittee shall maintain this log for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. [15A NCAC 02T .0108] 2. This permit shall not be transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T .0104; G.S. 143-215.1(d3)] 3. The Permittee shall provide for the installation and maintenance of an audible and visual high-water alarm on all storage and pumping facilities associated with this pump and haul operation. [15A NCAC 02T .0204(c)] 4. This permit shall become voidable unless the subject pump and haul activities are carried out in accordance with the conditions of this permit; 15A NCAC 2T; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 5. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. No type, kind or quantity of wastewater other than the pumped and hauled wastewater from the facility shall be included in these pump and haul activities. [15A NCAC 02T .0110] 6. The wastewater collection facilities shall be properly maintained and operated at all times. Adequate inspection, maintenance, and cleaning shall be provided by the permittee to insure proper operation of the subject facilities. [15A NCAC 02T .0403] 7. The Permittee shall report by telephone to a Water Resources staff member at the Mooresville Regional Water Resources Section, telephone number 704-663-1699, as soon as possible, but in no case more than 24 hour, following the occurrence or first knowledge of the occurrence of either of the following: a. If the flow volume estimated above is exceeded by any amount on any day; or b. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater storage, such as failures of tanks, piping, pumps, aerators, compressors etc.; or c. Any failure of a pumping station, sewer line, etc., resulting in a spill or by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility; or d. Any SSO and/or spill over 1,000 gallons; or e. Any SSO and/or spill, regardless of volume, that reaches surface water Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to Page 5 of 7 ensure that the problem does not recur. Part II of Form CS-SSO (or the most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143-215.1C(a1)] 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 02T; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina - licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T .0108(b- 01 10. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall cease operation of all pump and haul activities and shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T .0110; 15A NCAC 02T .0108(b)] 11. Any duly authorized officer, employee, or representative of the Division of Water Resources may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the pump and haul collection facilities at any reasonable time for the purpose of determining compliance with the Division's approval; may inspect or copy any records that must be maintained under the terms and conditions of this permit; and may obtain samples. [15A NCAC 02T .0110] 12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which maybe required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)] 13. Operation of this permit is based on acceptance of the certification attached to this permit, completed by the Permittee and a North Carolina licensed Professional Engineer. Note that a completed certification is only required for activities that met the definition of the Practice of Engineering in accordance with G.S. 89C-3. In some instances, this certification may not be required. 14. A copy this permit, and approved plans and specifications (if applicable) shall be maintained on file by the Permittee for the life of the project. [15A NCAC 02T .01041 15. This permit shall expire July 26, 2023. Should the pump and haul activities stop prior to the date of expiration send written notification to the Mooresville Regional Office, Water Quality Section notifying them of that the permit is no longer required and detailing the final disposal solution. [15A NCAC 02T .0105(j), 15A NCAC 02T.0204(a)] Page 6 of 7 DOMESTIC WASTEWATER PUMP & HAUL ENGINEERING CERTIFICATION This certification shall be completed and submitted to the appropriate regional office for activities that result in the Practice of Engineering in accordance with G.S. 89C-3. In some instances, this certification may not be required. PERMITTEE: TCB PROPERTIES OF NORTH CAROLINA, LLC PERMIT #: WQ0043928 PROJECT: 2980 NEW TOWN WAY, CONCORD ISSUE DATE: JANUARY 26, 2023 This project shall not be considered complete nor allowed to operate until the Division has received this Certification. It should be submitted in a manner that documents the Division's receipt. Send the required documentation the Regional Supervisor, Water Quality Section at the address at the bottom. PERMITTEE'S CERTIFICATION I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant to the applicable standards & requirements, the Professional Engineer below has provided applicable design/construction information to the Permittee, and the Permittee is prepared to operate & maintain the pump and haul system permitted herein or portions thereof. Printed Name, Title Signature Date ENGINEERS CERTIFICATION I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the project name and location as referenced above for the above Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T and other supporting materials. ..................................... North Carolina Professional Engineer's Seal w/signature & date: ❑ Final ❑ Partial (include description) Certification Comments/Qualifiers (attach if necessary): NC Division of Water Resources — Water Quality Section 610 East Center Ave Mooresville, NC 28115 Mooresville Regional Office Phone: (704)-663-1699 FAX: (704)-663-6040