HomeMy WebLinkAboutNC0073318_Draft Permit_20230419ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Dfrector
Joel Clarke
Clarke Utilities, Inc.
223 Hwy 70 East; Suite 115
Garner, N.C. 27529
Dear Mr. Clarke:
NORTH CAROLINA
Environmental Quality
May 2, 2023
Subject: Draft NPDES Permit NCO073318
Whippoorwill Valley WWTP
Grade II Biological WPCS
Wake County
Attached with this letter is a copy of the Draft NPDES permit renewal for your facility. Please review
this draft carefully to ensure thorough understanding of the requirements and conditions it contains.
There are a few changes in the draft attached here from the existing permit. These changes are
summarized below.
• Supplement to Permit Cover Page — On this page paragraph 2 has been updated slightly to reflect
components necessary before operation under the 0.20 MGD flow.
• Regulatory Citations - Language has been added where necessary in the permit to provide regulatory
citations for permit requirements. This includes updates to citations that have been changed with
recent rule revisions.
• Electronic Reporting - Permit language has been modified to be consistent with the finalization of
federal requirements for electronic reporting.
• Adjustments to eDMR Codes — There were a number of parameters in the current permit that have old
eDMR codes included in the effluent tables. You have already been accurately using the new codes
in your eDMR submittals and they have now been updated in the draft permit.
• Updates to Footnotes on Effluent Table — Language in the footnotes has been updated to be consistent
with our current descriptions. Footnotes on section A.(2) Effluent Table for 0.20 MGD flow have
been adjusted to reference the correct notes.
• Nutrient Management Re -Opener — A Special Condition [A.(5.)] has been added to the permit to
address re -opening of the permit for the inclusion of additional nutrient control requirements.
• Map Update — Descriptive information on the permit map has been updated along with other map
updates.
D Q
�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORMpAFa- w,
u�oxunW or en.�.o���.mai a�amq 919.707.9000
Joel Clarke
Whippoorwill Valley WWTP
Page 2
The NPDES standard conditions (Parts II, III, and IV) that are a part of the permit are not included in this
draft document (cover, map, and Part I). The conditions are the same as in your current permit. The latest
version of the standard conditions is available at https://bit.ly/3k5NFaL and can be viewed online or
downloaded as a PDF file.
Concurrent with this notification the Division is publishing a notice in a newspaper having general
circulation in the Wake County area soliciting public comments on this draft permit.
Please provide any written comments you may have to me no later than 30 days after receipt of this
draft permit
Following the 30-day public comment period, the Division will review all pertinent comments and take
appropriate action prior to issuing a final permit. If you have questions concerning this draft permit,
please contact me by email at bradley.bennettgncdenr.gov or at (919) 707-3692. At this time, contact by
email is the most effective method. If we need to set up a call to discuss any issues, we can set that up
through email.
Sincerely,
Bradley Bennett
Compliance and Expedited Permitting Unit
cc: NPDES Files - electronic
Raleigh Regional Office / Water Quality — electronic
Operator Certification Program/Maureen Kinney — electronic
Draft Permit NCO073318
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision 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,
Clarke Utilities, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Whippoorwill Valley WWTP
5634 Chimney Swift Drive
Wake Forest
Wake County
to receiving waters designated as Smith Creek in subbasin 03-04-02 of the Neuse River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II,
III and IV hereof.
This permit shall become effective
This permit and authorization to discharge shall expire at midnight on January 31, 2028
If the permittee intends to continue discharging at the facility beyond the term of this permit, a renewal
application must be submitted no later than August 4, 2027 (180 days before the expiration of this permit)
Signed this day
Richard E. Rogers, Jr.
Director, Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 9
Draft Permit NC0073318
SUPPLEMENT TO PERMIT COVER SHEET
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.
Clarke Utilities, Inc.
is hereby authorized to:
1. Continue to operate an existing 0.05 MGD wastewater treatment system with the following
components:
• Influent pump station
• Influent bar screen
• Surge basin
• Aeration basin
• Sludge holding chamber
• Dual clarifiers
• Chemical phosphorus removal and pH adjustment
• Tablet chlorination
• Tertiary filter
• Tablet de -chlorination with post -aeration
The facility is located at the Whippoorwill Valley WWTP (5634 Chimney Swift Drive, Wake
Forest) in Wake County.
2. After receiving an Authorization to Construct (ATC) permit from the Division, construct additional
treatment facilities needed to meet the 0.2 MGD flow, final effluent limitations and conditions in the
permit. After submitting an Engineering Certification documenting compliance with the ATC,
operate the treatment system in accordance with the permit conditions.
3. Discharge from said treatment works at the location specified on the attached map into Smith Creek,
currently classified C-NSW waters in sub -basin 03-04-02, Stream Index 27-23-(2), [HUC:
030202010702] of the Neuse River Basin.
Page 2 of 9
Draft Permit NCO073318
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.05 MGD)
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expansion above
0.05 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall
be limited, monitored, and reported' by the Permittee as specified below:
PARAMETER
eDMR Code
LIMITS
MONITORING REQUIREMENTS
Monthly Average
Daily Maximum
Measurement
Frequency
Sample Type
Sample Location2
Flow
50050
0.05 MGD
Continuous
RecordingInfluent
or
Effluent
Total Monthly Flow MG/month
82220
Monitor & Report
Monthly
Calculated
Effluent
BOD, 5-day (20°C)
(April 1 — October 31
C0310
5.0 mg/L
7.5 mg/L
Weekly
Composite
Effluent
BOD, 5-day (20°C)
Nov. 1 — March 31
C0310
10.0 mg/L
15.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
C0530
30.0 m /L
45.0 m /L
Weekly
Composite
Effluent
NH3 as N April 1 — October 31
C0610
2.0 m /L
10.0 m /L
Weekly
Composite
Effluent
NH3 as N Nov. 1 — March 31
C0610
4.0 m /L
20.0 m /L
Weekly
Composite
Effluent
Dissolved Oxygen
00300
Daily average > 5.0 mg/L
Weekly
Grab
Effluent
Dissolved Oxygen
00300
Monitor & Report
Weekly
Grab
U & D
Fecal Coliform
(geometric mean
31616
200 1100 ml
400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorine3
50060
1
28 /L
Weekly
Grab
Effluent
Temperature °C
00010
Monitor & Report
Daily
Grab
Effluent
Temperature °C
00010
Monitor & Report
Weekly
Grab
U & D
TKN m /L
00625
Monitor & Report
2/Month
Composite
Effluent
NO2-N + NO3-N m /L
00630
Monitor & Report
2/Month
Composite
Effluent
Total Nitrogen m /L 4
C0600
Monitor & Report
2/Month
Composite
Effluent
Total Nitrogen Loads
QM600
Monitor & Report
founds/month
Monthly
Calculated
Effluent
QY600
Monitor & Report
(pounds/year)
Annually
Calculated
Effluent
Total Phosphorus6
C0665
2.0 m /L quarterly average
2/Month
Composite
Effluent
pH
00400
1 >— 6 and <— 9 standard units
Weekly
Grab
Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see A.(6.)].
2. Upstream = at least 100 feet upstream from the outfall. Downstream = at NCSR 2044.
3. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with
the permit. However, the Permittee shall continue to record and submit all values reported by a North
Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L.
4. For a given wastewater sample, TN = TKN + NO2-N + NO3-N, where TN is Total Nitrogen and TKN
is Total Kjeldahl Nitrogen.
5. TN Load is the mass load of Total Nitrogen discharged in a given period of time [see A. (3.)].
6. The quarterly average for total phosphorus shall be the average of weekly composite samples collected
during each calendar quarter (January -March, April -June, July -September, October -December).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 3 of 9
Draft Permit NCO073318
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.2 MGD)
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
During the period beginning upon expansion to 0.2 MGD and lasting until expiration, the Permittee
is authorized to discharge from outfall 001. Such discharges shall be limited, monitored, and reported'
by the Permittee as specified below:
PARAMETER
eDMR Code
LIMITS
MONITORING REQUIREMENTS
Monthly Average
Daily Maximum
Measurement
Frequency
Sample Type
Sample Location2
Flow
50050
0.2 MGD
Continuous
RecordingInfluent
or
Effluent
Total Monthly Flow(MG/month)
82220
Monitor & Report
Monthly
Calculated
Effluent
BOD, 5-day (20°C)
April 1 — October 31
C0310
5.0 mg/L
7.5 mg/L
Weekly
Composite
Effluent
BOD, 5-day (20°C)
Nov. 1 — March 31
C0310
10.0 mg/L
15.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
C0530
30.0 m /L
45.0 m /L
Weekly
Composite
Effluent
NH3 as N April 1 — October 31
C0610
2.0 m /L
10.0 m /L
Weekly
Composite
Effluent
NH3 as N Nov. 1 — March 31
C0610
4.0 m /L
20.0 m /L
Weekly
Composite
Effluent
Dissolved Oxygen
00300
Daily average > 5.0 mg/L
Weekly
Grab
Effluent
Dissolved Oxygen
00300
Monitor & Report
Weekly
Grab
U & D
Fecal Coliform
(geometric mean
31616
2001100 ml
4001100 ml
Weekly
Grab
Effluent
Total Residual Chlorine3
50060
25 p/L
Weekly
Grab
Effluent
Temperature °C
00010
Monitor & Report
Daily
Grab
Effluent
Temperature °C
00010
Monitor & Report
Weekly
Grab
U & D
TKN m /L
00625
Monitor & Report
2/Month
Composite
Effluent
NO2-N + NO3-N m /L
00630
Monitor & Report
2/Month
Composite
Effluent
Total Nitrogen m /L 4
C0600
Monitor & Report
2/Month
Composite
Effluent
Total Nitrogen Loads
QM600
Monitor & Report
(pounds/month)
Monthly
Calculated
Effluent
QY600
Monitor & Report
(pounds/year)
Annually
Calculated
Effluent
Total Phosphorus6
C0665
2.0 m /L quarterly average
2/Month
Composite
Effluent
H
00400
>— 6 and <— 9 standard units
Weekly
Grab
Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see A.(6.)].
2. Upstream = at least 100 feet upstream from the outfall. Downstream = at NCSR 2044.
3. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the
permit. However, the Permittee shall continue to record and submit all values reported by a North
Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L.
4. For a given wastewater sample, TN = TKN + NO2-N + NO3-N, where TN is Total Nitrogen and TKN is
Total Kjeldahl Nitrogen.
5. TN Load is the mass load of Total Nitrogen discharged in a given period of time [see A. (3).
6. The quarterly average for total phosphorus shall be the average of weekly composite samples collected
during each calendar quarter (January -March, April -June, July -September, October -December).
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 4 of 9
Draft Permit NCO073318
A. (3.) CALCULATION OF TOTAL NITROGEN LOADS
[G. S. 143-215.1(b)]
a. The Permittee shall calculate monthly and annual TN Loads as follows:
i. Monthly TN Load (pounds/month) = TN x TMF x 8.34
TN = average TN concentration (mg/L) of the composite samples collected during
the month
TMF = Total Monthly Flow of wastewater discharged during the month
(MG/month)
8.34 = conversion factor, from (mg/L x MG) to pounds
ii. Annual TN Load (pounds/year) = Sum of the 12 Monthly TN Loads for the calendar
year
b. The Permittee shall report monthly Total Nitrogen results (mg/L and pounds/month) in the
discharge monitoring report for that month and shall report each year's annual results
(pounds/year) in the December report for that year.
A. (4.) TOTAL NITROGEN ALLOCATIONS
[G.S. 143-215.1(b)]
a. The following table lists the Total Nitrogen (TN) allocation(s) assigned to, acquired by, or
transferred to the Permittee in accordance with the Neuse River nutrient management rule (T15A
NCAC 02B .0713) and the status of each as of permit issuance. For compliance purposes, this table
does not supersede any TN limit(s) established elsewhere in this permit or in the NPDES permit of a
compliance association of which the Permittee is a Co-Permittee Member.
ALLOCATION AMOUNT cl)
ALLOCATION
TYPE
SOURCE
DATE
STATUS
Estuary
Discharge
(pounds/year)
(pounds/year)
Base
Assigned by Rule
12/7/1997;
2,022
4,044
Active
(T15A NCAC 02B
4/1/2003
.0713)
TOTAL
2,022
4,044
Active
Footnote:
(1) Transport Factor = 50%
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 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.
Page 5 of 9
Draft Permit NCO073318
A. (5.) PERMIT RE -OPENER: NUTRIENT MANAGEMENT
[NCGS 143-215.1 (b)]
a. Pursuant to N.C. General Statues Section 143-215.1 and implementing rules found in Title 15A of
North Carolina Administrative Code, Subchapter 02H, specifically, 15A NCAC 02H.0112(b)(1) and
02H.0114(a), and Part II, Sections B.12 and B.13. of this Permit, the Director of DWR may reopen
this permit to require nutrient management measures for the discharge. The results of water quality
monitoring, modelling or other evaluations may require that conditions for total nitrogen and total
phosphorus control be imposed on this permit.
b. The Division may, upon written notification to the permittee, re -open this permit in order to
incorporate or modify effluent limits, monitoring and reporting requirements, and other permit
conditions when it deems such action is necessary to implement TMDL(s) approved by the USEPA.
A.(6.) ELECTRONIC REPORTING OF MONITORING REPORTS
[NCGS 143-215.1 (b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program
reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December
21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. The eDMR system may be
accessed at: https://deq.nc.gov/about/divisions/water-resources/edmr.
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility
being physically located in an area where less than 10 percent of the households have broadband
access, then a temporary waiver from the NPDES electronic reporting requirements may be granted
and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or
alternative forms approved by the Director. Duplicate signed copies shall be submitted to the
following address:
Page 6 of 9
Draft Permit NC0073318
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
See "How to Request a Waiver from Electronic Reporting" section below.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
reported via the eDMR system no later than the last calendar day of the month following the
completed reporting period. Regardless of the submission method, the first DMR is due on the last
day of the month following the issuance of the permit or in the case of a new facility, on the last day
of the month following the commencement of discharge.
�r
Starting on December 21, 2025, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
Sewer Overflow/Bypass Event Reports;
Pretreatment Program Annual Reports; and
Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time
of each electronic submission. The permittee should use the EPA's website resources to identify the
initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity
for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Information on EPA's NPDES
Electronic Reporting Rule is found at:
https://www.federalre ig ster.gov/documents/20l5/lO/22/2015-24954/national-pollutant-discharge-
elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty (60) days prior to the date the facility would be
Page 7 of 9
Draft Permit NC0073318
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data
and reports shall be submitted electronically to the Division unless the permittee re -applies for and is
granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting
waivers are not transferrable. Only permittees with an approved reporting waiver request may
submit monitoring data and reports on paper to the Division for the period that the approved
reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II,
Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR
reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit
the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make
the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION
WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I
am aware that there are significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations. "
5. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Page 8 of 9
Whippoorwill _
Valley WWTP
_ tY
Discharge Point
�` � �— Chimney Swift Drive
- a
" u
-;�,, 4
Y, t
7
r �C14 rr.
Clake Utilities, Inc.
Whippoorwill Vallev WWTP
Receiving Stream: Smith Creek Stream Class:
C; NSW
River Basin:
Neuse Sub -Basin:
03-04-02
Outfall Latitude:
35' 55' 46" Outfall Longitude: 78' 31' 34"
Stream Segment
27-23-(2) HUC#:
030202010702
Grid/Quad:
D24NE / Wake Forest County:
Wake
"(-- Burlington Mills Road
Facility •
Location
(NOT TO SCALE) 'f
ZTH NPDES Permit NCO073318
Page 9 of 9