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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)