HomeMy WebLinkAboutNC0088838_Permit (Modification)_20240202
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 -- 919.707.3616
ROY COOPER
Governor
ELIZABETH BISER
Secretary
RICHARD E. ROGERS, JR
Director
February 2, 2024
Patrick Pierce
600 Radiator Road, LLC
605 Lexington Avenue, Suite 100
Charlotte, North Carolina 28203
Subject: Review of Permit Renewal - Draft
NPDES NC0088838 for
former Radiator Specialty Company
Groundwater Remediation [GW/REM]
Physical/Chemical Class WPCS Grade PC-1
600 Radiator Road, Indian Trail, NC
Union County
Mr. Pierce:
The Division of Water Resources (DWR or the Division) received your application to renew the
subject discharge permit on October 4, 2022. However, because the draft was addressed to the
previous owner, DWR would like to clarify that Radiator Specialty Company, LLC received a
copy of the draft permit.
The Division solicited public comment by publishing a notice in newspapers (26Oct2023) having
circulation in the general Union County area, as required by the NPDES Program. To date, DWR
has received no comments on this draft.
Please review the attached carefully to ensure your understanding of the permit limits and
monitoring conditions, and to correct errors, if any. If you wish to submit written comments or
edits, please email to my attention, Joe R. Corporon P.G. [joe.corporon@deq.nc.gov] no later
than March 5, 2024 (approximately 30 days after receiving this document). Your written
comments are welcome, but they are not mandatory.
CHANGES FOR RENEWAL
1. Updated permit text and site map.
2. Tetrachloroethene (PCE) - added permit limits as monthly average (MA), required by EPA
3. 1,4 Dioxane data show reasonable potential therefore renewal requires Monthly
Monitoring and both MA and DM limits per EPA.
4. Vinal Chloride has been relaxed (based on reasonable potential analysis (RPA) to
Monitor and Report only, Quarterly – no permit limits.
5. Added citation for treatment-system class [WSCS Class PC-1] to header, section A. (1.)
Patric Pearce, Owner
600 Radiator Road, LLC
Renewal Draft
February 2024
Pg 2
The NPDES standard conditions (Parts II, III, and IV), are part of this permit but are not included
in this draft document (cover, map, and Part I). The latest version of Parts II, III, and IV are
available at https://bit.ly/2BZ4xxx and can be viewed online or downloaded as a PDF file.
Following the mandatory 45-day Public Comment period, the Division will review all pertinent
comments, if any, and take appropriate action prior to issuing an NPDES permit final.
If you have questions, please email the undersigned at [joe.corporon@deq.nc.gov]. In support of
mandated emergency response to Covid 19, NC state government personnel may function
remotely, therefore correspondence via email is preferred.
Respectfully,
Joe R. Corporon, P.G.
DEQ / DWR / NPDES Permitting
Enclosure: NPDES Permit NC0088838 (permit renewal draft)
ec: DWR/NPDES Program Files Laserfiche
DWR/MRO, Ed Watson [edward.watson@deq.nc.gov>]
ATB, Molley Nicholson [molley.nicholson@deq.nc.gov]
600 Radiator Road LLC, Patric Pearce [Patrick@selwynpropertygroup.com]
Permit NC0088838
Page 1 of 7
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
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,
600 Radiator Road, LLC
605 Lexington Ave, Suite 100, Charlotte
is hereby authorized to discharge wastewater from a facility located at the
600 Radiator Road, LLC
600 Radiator Road, Indian Trail
Union County
to receiving waters designated as an unnamed tributary to South Fork Crooked Creek within the Yadkin
Pee-Dee River Basin in accordance with effluent limitations, monitoring requirements, and other
conditions set forth in Parts I, II, III, and IV hereof.
The permit shall become effective ___________ 2024.
This permit and the authorization to discharge shall expire at midnight on March 31, 2029.
Signed this day ______________ 2024.
Michael J. Montebello, Branch Chief
Water Resources Branch
By Authority of the Environmental Management Commission
Permit NC0088838
Page 2 of 7
SUPPLEMENT TO PERMIT COVER SHEET
As of this permit issuance, any previously issued permit bearing this number is no longer effective. All
previous NPDES Permits issued to this facility, whether for operation or discharge, are hereby revoked.
Therefore, the exclusive authority to operate and discharge from this facility arises under the permit
conditions, requirements, terms, and provisions included herein.
600 Radiator Road, LLC
is hereby authorized to:
1. continue to operate a groundwater remediation treatment system designed not to exceed
0.090 MGD (discharge averaging 0.042 MGD over the previous permit cycle) consisting of,
but not limited to:
• four (4) each groundwater extraction wells
• one (1) 6,000-gallon equalization tank
• one (1) transfer pump
• one (1) packed air stripper column with blower and overflow sump
• integral pump
• totalizing effluent meter with recorder
• gravity flow to outfall
[NOTE: this system is currently inactive pending treatment redesign]
these facilities located at 600 Radiator Road, Indian Trail, Union County, and
2. discharge from said treatment works via Outfall 001, at the location specified on the attached map,
into an unnamed tributary to the South Fork Crooked Creek (stream Index 13-17-20-2), a
waterbody currently classified C within hydrological unit 03-07-12 [HUC: 030401050702] of the
Yadkin River Basin.
Permit NC0088838
Page 3 of 7
Part I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC .02B .0400 et seq. .02B .0500, et seq.] [WWTP System Class WPCS PC-1]
Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized
to discharge treated groundwater from Outfall 001. Such discharges shall be limited, monitored, and
reported 1 by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
Parameter Code
LIMITATIONS MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow 2 (MGD) 50050 0.090 Continuous Recording Effluent
pH (Standard Units) 00400 Not < 6.0 nor > 9.0 s.u. Monthly Grab Effluent
Total Suspended Solids (TSS) CO530 30.0 mg/L 45.0 mg/L Monthly Grab Effluent
Tetrachloroethene (PCE) 48389 3.3 μg/L 3.3 μg/L Monthly Grab Effluent
1,4 Dioxane 3 82388 80 µg/L 80 µg/L Monthly 3 Grab Effluent
1,1-Dichloroethane (1,1 DCA) 34496 Monitor and Report Quarterly Grab Effluent
Vinyl Chloride 39175 Monitor and Report Quarterly Grab Effluent
Trichloroethene (TCE) 78391 Monitor and Report Quarterly Grab Effluent
Benzene 34030 Monitor and Report Quarterly Grab Effluent
Methylene Chloride 34418 Monitor and Report Quarterly Grab Effluent
Toluene 34010 Monitor and Report Quarterly Grab Effluent
Whole Effluent Toxicity 4 (Chronic) THP3B Monitor and Report Quarterly Grab Effluent
Footnotes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR’s
eDMR application system. See Special Condition A. (4).
2. Flow shall be measured with a totalizing flow meter.
3. All 1,4 Dioxane analyses shall be conducted using a minimum detection level (MDL) of 80
µg/L or the Practical Quantitative Level (PQL) if lower, using test Method 624.1. If any
analysis result is equal to, or greater than 80 µg/L, then Monthly Monitoring shall commence
and continue for the duration of this permit [See Reopener Special Condition A. (3)].
4. Chronic Toxicity (Ceriodaphnia) [THP3B] effluent concentration at 90% with testing in
January, April, July, and October, see Special Condition A. (2). Quarterly toxicity testing
shall coincide with the sampling of all the other parameters in accord with frequency.
Condition: The Permittee shall discharge no floating solids or foam visible in other than
trace amounts.
Permit NC0088838
Page 4 of 7
A. (2.) CHRONIC TOXICITY PERMIT LIMIT (Quarterly)
[15A NCAC 02B .0200 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 90%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the “North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,” Revised December 2010, or subsequent versions or
“North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure” (Revised- December 2010) or
subsequent versions. The tests will be performed during the months of January, April, July, and October.
These months signify the first month of each three-month toxicity testing quarter assigned to the facility. Effluent
sampling for this testing must be obtained during representative effluent discharge and shall be performed at the
NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the
permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two
following months as described in “North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure”
(Revised-December 2010) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the
pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the
following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1623 Mail Service Center
Raleigh, NC 27699-1623
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after
the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the
permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the
facility name, permit number, pipe number, county, and the month/year of the report with the notation of “No Flow”
in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited
above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be
required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter,
which is the three-month time interval that begins on the first day of the month in which toxicity testing is required
by this permit and continues until the final day of the third month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water
Resources 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, minimum control organism reproduction, and appropriate environmental controls, shall constitute an
invalid test and will require immediate follow-up testing to be completed no later than the last day of the month
following the month of the initial monitoring.
Permit NC0088838
Page 5 of 7
A. (3.) PERMIT REOPENER for 1,4 DIOXANE
[G.S. 143-215.1(b)]
The Division may reopen this permit to modify requirements if deemed necessary to address 1,4
Dioxane monitoring and limitations. Upon receiving an effluent analytical result for 1,4 Dioxane equal
to or greater than 80 µg/L, the Permittee shall report this result, within 48 hrs, to the Division’s
Morrisville Regional Office (MRO).
A. (4.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 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)]
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. Until such time that the state’s
eDMR application is compliant with EPA’s Cross-Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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
mailing address above. See “How to Request a Waiver from Electronic Reporting” section below.
Permit NC0088838
Page 6 of 7
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.
Starting on December 21, 2025, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
(Continued A.(4) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS)
• 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(l)(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.federalregister.gov/documents/2015/10/22/2015-
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
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.
Permit NC0088838
Page 7 of 7
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)]
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II,
Section B. (11.)(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].
600 Radiator Road, LLC
Former Radiator Specialty Company, GW/REM
North
USGS Quad: Matthews, NC 12-Digit HUC: 030401050702
Stream Class: C Stream Index: 13-17-20-2
Hydrological Unit: 03-07-12
Drainage Basin: Yadkin-Pee Dee River Basin
Receiving Stream: South Fork Crooked Creek NPDES Permit NC0088838
Union County
Facility
Location
not to scale
US HWY 74
South Fork
Crooked Creek
UT to South Fork
Crooked Creek
(flows NW)
OUTFALL 001
(flows NW)