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:
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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:
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