HomeMy WebLinkAboutNC0088307_Draft Permit_20240604ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Kenneth Waldroup, Executive Director
Cape Fear Public Utility Authority
235 Government Center Drive
Wilmington, NC 28403
Dear Mr. Waldroup:
NORTH CAROLINA
Environmental Quality
June 11, 2024
Subject: Draft NPDES Permit NCO088307
Richardson WTP
Grade I Physical Chemical WPCS
New Hanover 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. We
understand from your renewal application that there have been no treatment system changes but your staff
have indicated that the potable flow capacity of the plant has increased to 7MGD. There are a few
changes in the draft attached here from the existing permit. These changes are summarized below.
• Regulatory Citations - Language has been added where necessary in the permit to provide regulatory
citations for permit requirements.
• Electronic Reporting - Permit language has been modified to be consistent with the finalization of
federal requirements for electronic reporting.
• Language on the Supplement to Permit Cover Sheet has been updated. This includes modification of
the treatment system components and update of the maximum monthly average flow.
• Flow Limit — The Division has determined that the volume of Water Treatment Plant (WTP)
discharges has the potential to impact receiving waters and should be controlled statewide. The
Division is moving to reinstate limits in permit renewals and include limits for new WTP permits. A
flow limit has been added to the permit and set at 2.0 MGD. This value is consistent with expansion
flow limits that were previously given to your facility in past permits.
• Total Nitrogen (TN) — Reporting for TN now includes the constituent parameters used in calculating
the value - TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl
Nitrogen, and NO3-N + NO2-N is Nitrate plus Nitrite Nitrogen, respectively. These values are shown
in the Effluent Table and will be all be required to be reported in your eDMR report.
• A Reasonable Potential Analysis (RPA) was performed on data submitted for copper (Cu) , zinc (Zn)
and arsenic (Ar). Based on the results of the RPA analysis the following changes have been made:
- No reasonable potential was shown for Cu impacts on the receiving waters. Limits for Cu have
been removed and monitoring frequency has been reduced to quarterly.
- All reported Zn values were below detection. Monitoring for Zn has been removed from the
permit.
- Only one Ar value was detected. Monitoring frequency for Ar has been reduced to quarterly.
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
NORTH GA, ; ,
oweronemm0-"' 919.707.9000
Kenneth Waldroup
Richardson WTP Draft Renewal
Page 2
• In your permit renewal application data was included that showed detection for per- and
polyfluoroalkyl substances (PFAS) parameters. EPA has recently (April 10, 2024) established
drinking water Maximum Contaminant Levels (MCLs) and Hazardous Index MCLs for certain PFAS
parameters. The Division has determined that facilities reporting detects for these PFAS parameters
at WTPs will be required to gather additional data. The monitoring requirements in your permit will
begin once EPA publishes a PFAS method in the Federal Register. See Section A.(3.) of your permit
for further information.
• The language in the Effluent Table and Section A.(2) for WET requirements has been updated
accordingly.
• Section A.(6.) has been added to address the disposal of spent membrane filter cleaning solutions.
• Map Update — The permit map and descriptive information on the permit map have been updated.
• Permit Expiration — The date has been changed to September 30, 2029 to allow for a nearly full five
year permit term.
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 New Hanover 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.bennett@deq.nc.gov. 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
Wilmington Regional Office / Water Quality — electronic
Operator Certification Program/Jeffrey Talbott — electronic
Aquatic Toxicology / Cindy Moore and Molly Nicholson Electronic
NC Wildlife Resources Commission / Maria Dunn — electronic
US Fish and Wildlife / Sara Ward — electronic
Shellfish Sanitation / Andrew Haines; Erin Bryan-Millush; Jeremy Humphrey — electronic
Permit NCO088307
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 provisions 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,
Cape Fear Public Utility Authority
is hereby authorized to discharge wastewater from an outfall located at the
Richardson Water Treatment Plant
637 Groundwater Way
Wilmington
New Hanover County
S"
to receiving waters designated as the Intracoastal Waterway in the White Oak 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 September 30, 2029.
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 April 3, 2029 (180 days before the expiration of this permit)
Signed this day
John E. Hennessy
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 10
Permit NCO088307
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.
Cape Fear Public Utility Authority
is hereby authorized to:
1. Continue to operate a Water Treatment Plant with a discharge of concentrated waste from Reverse
Osmosis units. This water treatment plant currently has a design potable flowrate of 7.0 MGD with
a future expansion to 9.0 MGD. This facility is located at 637 Groundwater Way in Wilmington, in
New Hanover County. Water treatment consists of.
• Two (2) 1.3 MGD nanofiltration treatment trains
• Two (2) 1.5 MGD nanofiltration treatment trains
• Spiral wound cartridge filtration
• Tray aeration V
Chemicals added during process: anti-scalant; sodium hypochlorite; sodium hydroxide; fluoride,
corrosion inhibitor.
2. After receiving approval from the Division of Water Resources Public Water Supply Section for
expansion of potable water flow to 9.0 MGD, operate the system as described in paragraph 1 above
with discharge of wastewater not to exceed a monthly average of 2.0 MGD.
3. Discharge said wastewater through an extended discharge pipe with diffuser, at the location
specified on the attached map, into the Intracoastal Waterway [Stream Segment: 18-87-(11.5)], a
waterbody currently classified SA; ORW in subbasin 03-06-24 [HUC: 030203020401] within the
White Oak River Basin.
Page 2 of 10
Permit NCO088307
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade - Not Classified - Physical Chemical WPCS [15A NCAC 08G .0306]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee
is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the
Permittee as specified below:
EFFLUENT CHARACTERISTICS
eDMR codes
DISCHARGE
LIMITATIONS
MONITORING REQUIREMENTS
Monthly
Avera a
Daily
Maximum
Measurement
FrequencyLocation
Sample Type
Sample
Flow MGD 50050
2.0
Continuous
Recording
Effluent
H 00400
Not < 6.8 s.u. or > 8.5 s.u.
Weekly
Grab
Effluent
Total Suspended Solids C0530
20 m /L 1 30 m /L
Weekly
Grab
Effluent
Dissolved Oxygen m /L 00300
Monitor and Report
2/month
Grab
Effluent
Salinity 00480
Monitor and Report
2/month
Grab
Effluent
Conductivity 00094
Monitor and Report
2/month
Grab
Effluent
Total Dissolved Solids (mg/L) 70295
Monitor and Report
2/month
Grab
Effluent
Turbidity NTU 00070
Monitor and Report
2/month
Grab
Effluent
Ammonia Nitrogen m /L C0610
Monitor and Report
Monthly
Grab
Effluent
Total Arsenic 01002
Monitor and Report
Quarterly
Grab
Effluent
Total Copper 01042
Monitor and Report
Quarterly
Grab
Effluent
Total Nitrogen m /L 2 C0600
Monitor and Report
Quarterly
Calculated
Effluent
TKN m /L 2 00625
Monitor and Report
Quarterly
Grab
Effluent
NO3-N + NO2-N m /L 2 00630
Monitor and Report
Quarterly
Grab
Effluent
Total Phosphorus (mg/L) C0665
Monitor and Report
Quarterly
Grab
Effluent
Acute Toxicity 3 TGE3E
Monitor and Report
Quarterly
Grab
Effluent
PFAS Compounds n /L 4
See Footnote 4
Quarterly
Grab
Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application
system [see A. (7)].
2. TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N and
NO2-N are Nitrate and Nitrite Nitrogen, respectively.
3. Acute Toxicity monitoring (Mysidopsis Bahia) 24-hour Pass/Fail static test at 90% in January, April, July,
and October [see Section A. (2)].
4. See Special Condition A. (3.) for monitoring requirements.
ALL SAMPLES COLLECTED SHOULD BE FROM A REPRESENTATIVE DISCHARGE EVENT.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.
Page 3 of 10
Permit NCO088307
A. (2.) ACUTE TOXICITY PASS/FAIL MONITORING ONLY (QUARTERLY)
[15A NCAC 02B .0500 et seq.] and [15A NCAC 02B .0200 et seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North
Carolina Procedure Document entitled "Pass/Fail Methodology for Determining Acute Toxicity In A
Single Effluent Concentration" (Revised -December 2010, or subsequent versions). The monitoring shall
be performed as a Mysid Shrimp (Mysidopsis bahia) 24-hour static test. The effluent concentration at
which there may be at no time significant acute mortality is 90% (defined as treatment two in the
procedure document). 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.
All toxicity testing results required as part of this permit condition will be entered electronically using
the Division's eDMR system for the month in which it was performed, using the parameter code
TGE3E. Additionally, DWR Form AT-2 (original) is to be sent to the following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
Or, results can be sent to the email, ATForms.ATB&deq.nc.gov.
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, then
monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test
requirement will revert to quarterly in the months specified above.
Should any test data from either these monitoring requirements 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.
Page 4 of 10
Permit NCO088307
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 follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.
USE OF A DIFFERENT TEST ORGANISM
The permittee may request the use of a different test organism upon documentation that the alternate test
organism would provide an equal or greater level of protection and is appropriate based on the
characteristics of the discharge and receiving stream. Such documentation would consist of one of the
following:
1. For saltwater classified streams, a fathead minnow may be assigned as the acute testing species if
the salinity of the receiving stream at the point of discharge is <5 ppt throughout the tidally
influenced cycle. This determination may be based on the best professional judgment of DWR
staff or data collection provided by the permittee and approved by DWR staff. This evaluation
should include vertical profiles of salinity/conductivity measurements at both high tide and low
tide over several 24 hr cycles.
2. Three consecutive "side -by -side" tests with results indicating that the alternate test organism is
as or more sensitive to the facility's effluent. Each test series would consist of two separate
toxicity tests conducted on the same sample of effluent with the length of exposure specified by
the permit, the only difference between the tests being the organism used.
3. An alternate plan developed by the permittee and approved by the Aquatic Toxicology Unit that
demonstrates an equal level of protection is offered by the test organism.
For items 2 and 3, it must also be demonstrated that viable and standardized culture techniques are
available for that organism and standardized testing methodologies have been developed and validated.
This demonstration should meet guidance provided by EPA in Section 6 of EPA-821-R-02-012, Short
Term Methods for Estimating the Acute Toxicity of Effluents and Receiving Waters to Freshwater
Organisms. Fifth Edition, 2002.
A. (3.) PFAS MONITORING REQUIREMENT
[G.S. 143-215.1(b)]
The reporting requirement for the per- and polyfluoroalkyl substances (PFAS) parameters listed below
takes effect the first full calendar quarter following six (6) months after EPA publishes a 40 CFR Part
136 HAS Method for wastewater in the Federal Register. Monitoring will be conducted at a quarterly
frequency. Data results shall be reported in the units of ng/L.
PFAS Monitoring Parameters
Common Name
eDMR Codes
Chemical Name
Measurement
Frequency
Sample Type
Sample
Location
HFPO-DA (ng/L)
52612
Hexafluoropropylene oxide dimer acid
Quarterly
Grab
Effluent
PFNA (ng/L)
51626
Perfluorononanoic acid
Quarterly
Grab
Effluent
PFOA (ng/L)
51521
Perfluorooctanoic acid
Quarterly
Grab
Effluent
PFBS (ng/L)
52602
Perfluorobutanesulfonic acid
Quarterly
Grab
Effluent
PFHxS (ng/L)
52605
Perfluorohexanesulfonic acid
Quarterly
Grab
Effluent
PFOS (ng/L)
52606
Perfluorooetanesulfonic acid
Quarterly
Grab
Effluent
Page 5 of 10
Permit NCO088307
A. (4.) PERMIT RE -OPENER: TMDL IMPLEMENTATION
[G. S. 143-215.1(b)]
The Division may, upon written notification to the Permittee, re -open this Permit in order to incorporate
or modify effluent limitations, monitoring and reporting requirements, and other permit conditions when
it deems such action is necessary to implement TMDL(s) approved by the USEPA.
A. (5.) DISCHARGE SPECIAL CONDITION
[NCGS 143-215.1 (b)]
The effluent diffuser must prevent surface turbulence and bottom scour. Should the location of the
discharge cause visible turbulence within the Atlantic Intracoastal Waterway, the Division may require
that the discharge be relocated. The diffuser must be submerged during low tide conditions.
A. (6.) DISPOSAL OF SPENT MEMBRANE CLEANING SOLUTION
[NCGS 143-215.1 (b)]
Spent membrane cleaning solutions shall be discharged to the sanitary sewer system. Discharge of the
solutions to surface waters is not authorized under this permit.
A. (7.) 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.
Page 6 of 10
Permit NC0088307
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:
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.
Starting on December 21, 2025, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports; kZ
• 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/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.
Page 7 of 10
Permit NC0088307
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.
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. (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:
hqp:Hdeq.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. "
Page 8 of 10
Permit NCO088307
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].
EA -
Page 9 of 10
F Vp
Ogden
Nanofiltration
WTP
n�
Cape Fear Public Utility Authority
Richardson WTP
Receiving Stream: Intercoastal Waterway Stream Class: SA; ORW
River Basin: White Oak Sub -Basin: 03-06-24
Outfall Latitude: 34' 16' 28" Outfall Longitude: 77' 45' 37"
Stream Segment 18-87-(11.5) HUC#: 030203020401
Quad: J27SE /Scotts Hill County: New Hanover
f Outfall
In
r r'
Facility
Location
(not to scale)
?TH NPDES Permit NCO088307
Page 10 of 10