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HomeMy WebLinkAboutNC0038300_Permit Modification_19961217i' State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. James R. Edwards S. S. Construction and Rental, Inc. P. O. Box 810 Siler City, North Carolina 27344 Dear Mr. Edwards: ID FE F1 December 17,1996 Subject: Final Settlement - Petition Withdrawal NPDES Permit # NCO038300 S. S. Mobile Home Park Chatham County In accordance with your Petition for a Contested Case Hearing filed on July 12, 1996 and comment letter dated December 11, 1996 from the law offices of Poyner and Spruill, L.L.P., the Division is forwarding herewith modifications to the subject permit. Modifications and resolutions to the contested items and issues raised in your latest letter are summarized below: • The NH3-N limits have been replaced with a Chronic Toxicity test at 90% Pass/Fail rate. • The instream monitoring requirements for Fecal Coliform and Conductivity have been eliminated. All other terms and conditions contained in the original permit remain unchanged and in full effect. This modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. It is the Division's understanding that this permit modification will resolve all items contained in the Petition for a Contested Case Hearing. The Notice of Withdrawl has been faxed to the Chief Hearings Clerk and Jill Hickey on December 12, 1996. The Division accepts this withdrawl with the conditions listed above. If you have any questions concerning this permit, please contact Susan Robson at telephone number 919/733-5083, extension 551. Sincerely, �4a L�A/ Preston Howard,-ir., P.E. cc: Central Files Mr. Roosevelt Childress, EPA Region IV Raleigh Regional Office, Water Quality Section Aquatic Survey and Toxicology Unit Facility Assessment Unit Permits and Engineering Unit Office of the Attorney General, Jill Hickey P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10 % post -consumer paper A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. N00038300 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow BOD, 5 day, 20°C Total Suspended Residue NH3asN Dissolved Oxygen" Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Temperature Chronic Toxicity' Discharge Limitations Monthly Avg. 0.01 IVIGD 30.0 mg/I 30.0 mg/I 200.0 /100 ml Weekly Avg. Monitoring Requirements Measurement Sample *Sample Daily Max Frequency Type Location Weekly Instantaneous I or E 45.0 m g/ l Weekly Grab E 45.0 m g/ I Weekly Grab E Weekly Grab E Weekly Grab E, U, D 400.0 /100 ml Weekly Grab E 2/Week Grab E Daily Grab E Weekly Grab U,D Quarterly Composite E * Sample locations: E - Effluent, I - Influent, U - Upstream 50 feet from the outfall, D - Downstream 100 feet from the outfall ** The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/l. ***Chronic Toxicity (Ceriodaphnia) P/F @ 90%; November, February, May, and August; See Part III, Condition E of this Permit. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. Xo 12 12/96 THU 14:56 FAX 919 783 1075 "POYNER-SPRUILL" To: Name: CHIEF HEARINGS CLERK Jill B. Hickey FACSIMILE Telephone Number 733-0927 33-7247 Total # of pages: 2 From: Name: Rick Kane Transmission Date: 12 December 1996 Time: / x _I / 5. Gjt�Y 01 cww "'; ntJA tot Numbet (Q od1Y Pf *I t�m 9pi5 733-3478 / Sb 733-0791 t �M �� Comments: This is a faxed Notice of Withdrawal of Petition filed in 96 EHR 0887 pursuant to 26 N.C.A.C. 03.0101(4). Original and one copy of this pleading will. be received by OAH within five business days of this faxed transmission. As this case is docketed for hearing by Judge Smith in near future, please ensure that she learns of this pleading without delay. Respondent has been served this day by fax and U.S. Mail. Thank you. If all the pages were not received or there is a problem with this transmission, please call (919) 783-6400 and ask for. - The information contained in this facsimile message is attomey-privileged and confidential information intended only for the use of the individual or entity named as 3600 Glenwood Avenue recipient. If the reader is not the intended Post Office B x 10096 recipient, be hereby notified that any Raleigh, NC 27605-0096 dissemination, distribution or copy of this (919)^^783-6400 communication is strictly prohibited If you have received this communication in error, ��Fax: 919 783-1075 please notify us immediately by telephone and return the original message to us at the address on the left via the U.S. Postal Service. Thank you. 12/12/96 THU 14 : 57 FAX 919 783 1075 "POYNER-SPRUILL" 121 002 STATE OF NORTH CAROLINA COUNTY OF -CHATRAM FILE No. 96 EHR 0887 � ��)� `�I�1: AIM ��� • �!� � �1Y : 1► Petitioner, V. DEPARTMENT OF ENVIRONMENT, HEALTH, AND INNATURAL RESOURCES DIVISION OF WATER QUALITY Respondent. IN TI-M OFFICE OF ADMINISTRATIVE HEARINGS NOTICE OF WITHDRAWAL OF PETITION Petitioner hereby withdraws its petition for a contested case hearing. No further proceedings are needed or required to resolve the contested case captioned above. This the 12t h day of _ December , i 9 96 r Petitioner/Authority for Petitioner T. R. Kane Poyner. & Spruill L.L.F. CERTIFICATE OF SERVICE I hereby certify that I have this day filed an original and one copy of this NOTICE OF WITHDRAWAL in the Office of Administrative Hearings at the address specified below and that I have, by first class mail, served a copy of the same on counsel for the Respondent at the address specified below: Office of Administra&e Hearings Jill Hickey Post Office Drawer 27447 Assistant Attomey General Raleigh, North Carolina 27611-7447 North Carolina Department of Justice Post Office Box 629 Ralei& orth Carolina 27602-0629 12 December 1096 Date Petitioner/Attorney for Petitioner State of North Carolina IT Department of Environment, LT!XA Health and Natural Resources ,�� Division of Water Quality James B. Hunt, Jr., Governor +�� �� Jonathan B. Howes, Secretary p E H N F1 A. Preston Howard, Jr., P.E., Director CERTIFIED MAIL. RETURN RECEIPT REQUESTED Mr. James R. Edwards S. S. Construction and Rental, Inc. P. O. Box 810 Siler City, North Carolina 27344 Dear Mr. Edwards: November 19, 1996 Subject: Final Settlement - Petition Withdrawal NPDES Permit # NCO038300 S. S. Mobile Home Park Chatham County In accordance with your Petition for a Contested Case Hearing filed on July 12, 1996 and comment letter dated November 4, 1996 from the law offices of Poyner and Spruill, L.L.P., the Division is forwarding herewith modifications to the subject permit. Modifications and resolutions to the contested items and issues raised in your latest letter are summarized below: • The NH3-N limits have been replaced with a Chronic Toxicity test at 90% Pass/Fail rate. All other terms and conditions contained in the original permit remain unchanged and in full effect. This modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated December 6, 1983. It is the Division's understanding that this permit modification will resolve all items contained in the Petition for a Contested Case Hearing. Please complete the attached Notice of Withdrawal of. Petition form as soon as possible and submit one copy to Jill Hickey of the Attorney General's Office as specified on the withdrawal form, and one copy to this Division. If you have any questions concerning this permit, please contact Susan Robson at telephone number 919/733-5083, extension 551. Sincerely, Original Signad BY David ik Goodrich A. Preston Howard, Jr., P.E. cc: Central Files Mr. Roosevelt Childress, EPA Region IV Raleigh Regional Office, Water Quality Section Aquatic Survey and Toxicology Unit Facility Assessment Unit Permits and Engineering UA Office of the Attorney General, Jill Hickey P.O. Box 29535, Raleigh, North Carolina 27626.0535 Telephone 919-733-5083 FAX 919.733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper STATE OF NORTH CAROLINA C OUNTY OU FILE NO. Petitioner, V. IN THE OFFICE OF ADM NISTRATIVE HEARINGS DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY Respondent. NOTICE OF WITHDRAWAL OF PETITION Petitioner hereby withdraws its petition for a contested case hearing. No further proceedings are needed or required to resolve the contested case captioned above. This the day of _ , 19_. Petitioner/Authority for Petitioner CERTIFICATE OF SERVICE I hereby certify that I have this day filed an original and one copy of this NOTICE OF WITHDRAWAL in the Office of Administrative Hearings at the address specified below and that I have, by first class -mail, served a copy of the same on counsel for the Respondent at the address specified below: Office of Administrative Hearings Post Office Drawer 27447 Raleigh, North Carolina 27611-7447 Jill Hickey Assistant Attorney General North Carolina Department of Justice Post Office Box 629 Raleigh, North Carolina 27602-0629 Petitioner/Attorney for Petitioner Permit No. NCO038300 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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, S. S. Construction and Rental, Inc. is hereby authorized to discharge wastewater from a facility located at S. S. Mobile Home Park on NCSR 1169 Siler City Chatham County to receiving waters designated as an unnamed tributary to Brush Creek in the Cape Fear 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 November 19, 1996 This permit and authorization to discharge shall expire at midnight on April 30, 2001 Signed this day November 19, 1996 Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0038300 SUPPLEMENT TO PERMIT COVER SHEET S. S. Construction and Rental, Inc. is hereby authorized to: .1. Continue to operate a 0.01 MGD wastewater treatment facility consisting of activated sludge, clarification, chlorine disinfection and a polishing sand filter located at S. S. Mobile Home Park, on NCSR 1169, Siler City, Chatham County (See Part III of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Brush Creek which is classified Class C waters in the Cape Fear River Basin. r � ROAD CLASSIFICATION PRIMARY HIGHWAY LIGHT -DUTY ROAD HARD OR HARD SURFACE IMPROVED SURi5ZE �.•,� SECONDARY HIGHWAY HARD SURFACE C=3000= UNIMPROVED ROAD Latitude , 35044'20"- Longitude 79032'18" Map # E20NE Sub -basin 030609 Stream Class C Discharge Code :12 Receiving Stream UT to Brush Creek Design 0 (MfaQLjjQL Permit expires 4/30/01 SCALE 1:24 000 QUAD LOCATION SS Construction Co. NCO038300 Chatham County SS Mobile Home Park A. (). EFFLUENT LIMITATIONS AND MONITORING- REQUREMENTS FINAL Permit No. NCO038300 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Flow BOD, 5 day, 200C Total Suspended Residue NH3 as N Dissolved Oxygen" Fecal Coliform (geometric mean) Total Residual Chlorine Temperature Conductivity Temperature Chronic Toxicity*** 0.01 MGD 30.0 mg/I 30.0 mg/I 200.0 /100 ml 45.0 mg/I 45.0 mg/I 400.0 /1*00 ml Mo�nli-o(Ing Measurement RequireMnntl 201111216 *201701212 Freauencv Type Location Weekly Instantaneous I or E Weekly Grab E Weekly Grab E Weekly Grab E Weekly Grab E, U, D Weekly Grab E, U, D 2/Week Grab E Daily Grab E Weekly Grab U, D Weekly Grab U,D Quarterly Composite E * Sample locations: E - Effluent, I - Influent, U - Upstream 50 feet from the outfall, D - Downstream 100 feet from the outfall ** The daily average dissolved oxygen effluent concentration shall not be less than 5.0 m&4. ***Chronic Toxicity (Ceriodaphnia) P/F @a 90%; November, February, May, and August; See Part III, Condition E of this Permit. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. ` Part III Permit No. NCO038300 E. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure --(North Carolina Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 90% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of November, February, May, and August. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting (within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. Staff Review and Evaluation NPDES Wastewater Permit FACILITY INFORMATION Facility S.S. Mobile Home Park NPDES No. NC0038300 Design Flow (MGD) 0.01 Facility Class Il Parameters as N Limit Compliance Schedule: Special Condition(s): POTW connection language Permits & Engineering Comments: STREAM CHARACTERISTICS Stream Name UT Brush Creek Stream Class C Sub -basin 030609 Drainage Area (miz) 0.03 S7Q10 (cfs) 0 W7Q10 (CIS) 0 30Q2 (cfs) 0 IWC (9b) 100 cted Basis to 2/4 Zero flow P&E recommends renewal of NPDES permit with 2/4 ammonia limits and 17 ug/1 TRC limit in accordance with Zero Flow Policy. Permittee did not submit an alternatives analysis as required by the permit. Several violations were noted in Central Files for BODS, TSS, and fecal coliform, and the facility was in unsatisfactory condition during a June,1995 inspection. Region: Please comment on possible compliance schedule to allow for facility to meet 2/4 limits, and on whether an alternatives analysis should be required prior to public notice. Prepared by: Regional Office Evaluation and Recommendations: PLOTTED v 1EMO DATE: l� D TO >f{Ylti SUBJECT: Ovt V-Vok o, U� roe-purIVII 0 (CA.� I r\ ) 4-1� ' 4s, rirAA I c S LLj C3 a-4rL& Um,�c� I. \Zx�� c),- /yAo - �LA-� S4-y- q-c , P-A— GIA-A-d r,4 —P-Z, VfV 14 w�c, 1 Ckj— 'SO) SO 1bv�S�6V is oV-- ' 11 Z°� �Y'' From: d `� WATT Q �ih � M.r North Carolina Department of Environment, IL S2,0 Health, and Natural Resou rces Printed on Recycled Paper QUAM ..ems`