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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