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HomeMy WebLinkAboutWQCS00284_Permit (Issuance)_20240614DocuSign Envelope ID: 9CB4D727-2A58-46A5-A6B9-9FDEDA59FEF0 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality June 13, 2024 John D. Nichols, Director of Public Works Brunswick county PO. Box 249 Bolivia, North Carolina, 28422 Subject: Permit No. WQCS00284 Brunswick County Collection System Brunswick County Dear Permittee: In accordance with your application received April 12, 2021, and the additional information received June 5, 2024, we are forwarding herewith Permit No. WQCS00284, dated June 13, 2024, to Brunswick County for the operation and maintenance of the subject wastewater collection system. This permit shall be effective from June 13, 2024 until May 31, 2032, and shall be subject to the conditions and limitations specified herein. It is your responsibility to thoroughly review this permit. Please pay particular attention to the monitoring and reporting requirements in this permit and any special conditions. Changes have been made to the permit. Most of the changes are for clarification purposes, however Condition 1(3) has been removed. The Department of Environmental Quality (DEQ) believes that condition was included erroneously in previous permits. It was included based on proposed rulemaking by EPA which was never promulgated and, in the continued absence of Federal regulations, DEQ lacks authority to include such language in a permit. DEQ will continue to exercise enforcement discretion when evaluating sanitary sewer overflows that may be considered to be beyond the reasonable control of the Permittee. A highlighted copy of the permit identifying the changes made is available at: https://files.nc.gov/ncdeg/Water%20Quality/Surface%2OWater%2OProtection/PERCS/WCS%20(Collection%20SVstem)/Up dated%20WQCS%20Template%2015.05.18%20(highlighted).pdf For purposes of permitting, the collection system is considered to be any existing or newly installed system extension up to the wastewater treatment facility property or point of connection with a separately owned sewer system. The collection system is considered all gravity lines, pump stations, force mains, low pressure sewer systems, STEP systems, vacuum systems, etc. and associated piping, valves and appurtenances that help to collect, manage and transport wastewater to a wastewater treatment plant under the Permittee's ownership or maintained and operated by the Permittee through a perpetual legal agreement. Satellite systems are systems tributary to the Permittee's collection system but those collection systems are not owned or maintained by the Permittee. The system description provided on Page 1 of this permit is meant to provide a general idea about the size of the system and may not be all inclusive of the collection system at the time of permit issuance or afterward. A discharge of wastewater to the environment from the Permittee's wastewater collection system prior to reaching the wastewater treatment facilities is referred to herein as a Sanitary Sewer Overflow (SSO). The evaluation of enforcement options after an SSO will be determined considering all relevant information available or requested of the Permittee. Compliance with all conditions of the permit as well as all statutes and regulations pertaining to the wastewater collection system must be maintained or appropriate enforcement actions may be taken as noted in Condition VI (2). If you have an NPDES permit or permits, please be aware of independent NPDES SSO reporting requirements (see 40 CFR 122.41(1)). Please also be aware that NPDES permittees must electronically report compliance monitoring data, including Sewer Overflow/ Bypass Event Reports, starting December 21, 2025 (or later if there is an EPA -approved alternative date (see 40 CFR 127.24(e) or (f)). Your WQCS permit does not alter or modify any NPDES permit requirements. DocuSign Envelope ID: 9CB4D727-2A58-46A5-A6B9-9FDEDA59FEF0 WQCS00284 A reportable SSO is an SSO greater than 1,000 gallons to the ground or an SSO of any amount that reaches surface water (including through ditches, storm drains, etc.). Reporting requirements including the required verbal report and written report to the appropriate regional office are referenced in Condition IV (2). Form CS-SSO can be downloaded from the SSO Reporting area at: https://files.nc.gov/ncdeg/Water%20Quality/Surface%20Water%20Protection/PERCS/WCS%20(SSO%20Documents)/CS- SSO(2015).Pdf A notice of deficiency (NOD), notice of violation (NOV), civil penalty, and/or a moratorium on the addition of waste to the system may be issued if adequate justification for an SSO is NOT submitted to the regional office. In order to submit a claim for justification of an SSO, you must use Part II of form CS-SSO with additional documentation as necessary. DWR staff will review the justification claim and determine if enforcement action is appropriate. Please be advised that the information needed to justify a spill is very comprehensive. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty days following the receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you have questions regarding compliance, please contact the appropriate regional office. If you need additional information concerning this permit, please contact Andrew Girgis via email at andrew.girgis@deg.nc.gov or via telephone at (919) 707-3604. Sincerely, E�Do'c'u,SiAgne'd b�y:n `', fIw.'' ` MicRael'Wo"nt'e&lIo, NPDES Branch Chief, Division of Water Resources ec: Wilmington Regional Office, Water Quality Regional Operations Laserfiche Municipal Permitting Unit Files Maureen Kinney, NC Operators Certification Program DocuSign Envelope ID: 9CB4D727-2A58-46A5-A6B9-9FDEDA59FEF0 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY SYSTEM -WIDE COLLECTION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the Brunswick County WQCS00284 FOR THE operation and maintenance of a wastewater collection system consisting of, at the time of permit issuance, approximately 139.51 miles of gravity sewer, approximately 11.64 miles of vacuum sewer, approximately 213.53 miles of pressure sewer, approximately 262.36 miles of force main, 11,127 simplex pump stations that discharge to a pressure sewer and serve a single building and 69 duplex pump stations, and all associated piping, valves, and appurtenances required to make a complete and operational wastewater collection system to serve the Brunswick county and any deemed permitted satellite communities and the tributary wastewater collection system serving the Towns of Holden Beach, Oak Island, Ocean Isle Beach and Shallotte, the City of Southport and Brunswick Regional Water & Sewer subject to their own individual collection system permit, pursuant to the application received April 12, 2021, and the additional information received June 5, 2024, and in conformity with the documents referenced therein and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from June 13, 2024 until May 31, 2032, and shall be subject to the following specified conditions and limitations: Brunswick county Collection System WQCS00284 Page 3 of 9 DocuSign Envelope ID: 9CB4D727-2A58-46A5-A6B9-9FDEDA59FEF0 I. PERFORMANCE STANDARDS The sewage and wastewater collected by this system shall be treated in the properly permitted Wastewater Treatment Facility identified in the permit application and documented in the Division's database. [15A NCAC 02T.0108(b)] 2. The wastewater collection system shall be effectively managed, maintained and operated at all times to prevent discharge to land or surface waters, and to prevent any contravention of groundwater standards or surface water standards. In the event that the wastewater collection system fails to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate actions as per the Response Action Plan (Condition II (9)), as well as any actions that may be required by the Division of Water Resources (Division), such as the construction of additional or replacement sewer lines and/or equipment. [15A NCAC 02T.0108(b)] 3. The Permittee shall establish by ordinance, inter -local agreement or contract its legal authority to require new sewers be properly constructed; to ensure proper inspection and testing of sewer mains and service laterals; to address flows from satellite systems and to take enforcement action as required by Condition 1 (4). [G.S. 143-215.913; G.S. 143-215.1(f)(1)] 4. The Permittee shall develop and implement an educational fats, oils and grease program that shall include at least semiannual distribution of educational material targeted at both residential and non-residential users. The Permittee shall also develop and implement an enforceable fats, oils and grease program for non- residential users under which the Permittee can take enforcement against users who have not properly installed, operated and maintained grease traps or grease interceptors as directed or otherwise violated the terms of the enforcement program pertaining to fats, oils and grease. [15A NCAC 02T.0108(b)] 5. The Permittee shall adopt and implement a Capital Improvement Plan (CIP) to designate funding for reinvestment into the wastewater collection system infrastructure. The CIP should address the short-term needs and long-term "master plan" concepts. The CIP should typically cover a three to five-year period and include a goal statement, description of the project area, description of the existing facilities, known deficiencies (over a reasonable period) and forecasted future needs. Cost analysis is integral to the CIP. [G.S. 143-215.9B] 6. Overflow piping from manholes and pump stations, excluding piping to approved equalization structures, known or discovered after permit issuance shall be immediately removed or permanently capped. Plugged or valved emergency pumping connections are allowable for portable pumping or rerouting without intentionally bypassing the wastewater treatment facility. [15A NCAC 02T.0108(b)] 7. The Permittee shall maintain a contingency plan for pump failure at each pump station. If one of the pumps in a pump station containing multiple pumps fails, the process of repairing or replacing the pump shall be initiated immediately and the new parts or pump shall be installed as soon as possible. The permittee shall provide justification for delay in initiating the process for repair or replacement at the Division's request. If the pump in a simplex pump station serving more than a single building or pump stations not capable of pumping at a rate of 2.5 times the average daily flow rate with the largest pump out of service fails, it shall be replaced immediately. [15A NCAC 02T.0305(h)(1)] Brunswick county Collection System WQCS00284 Page 4 of 9 DocuSign Envelope ID: 9CB4D727-2A58-46A5-A6B9-9FDEDA59FEF0 8. Each pump station shall be clearly and conspicuously posted with a pump station identifier and an emergency contact telephone number at which an individual who can initiate or perform emergency service for the wastewater collection system 24 hours per day, seven days per week can be contacted. This emergency contact telephone number shall be coupled with instructions that the emergency contact should be called if the visual alarm illuminates, if the audible alarm sounds, or if an emergency is apparent. [15A NCAC 02T.0305(h)(2)] 9. Pump station sites, equipment, and components shall have restricted access. [15A NCAC 02T.0305(h)(4)] 10. Pump stations that do not employ an automatic polling feature (i.e. routine contact with pump stations from a central location to check operational status of the communication system) shall have both audible and visual high water alarms. The alarms shall be weather-proof and placed in a clear and conspicuous location. Permits issued for the construction of pump stations that included high water alarms in the description must maintain the alarms even if simple telemetry (i.e. notification of an alarm condition initiated by the pump station control feature) is installed. [15A NCAC 02T.0305(h)(1)] 11. For all newly constructed, modified and rehabilitated pump stations, all equipment and components -shall be sealed within a corrosion -resistant coating or encasement to the extent practicable and equivalent to the minimum design criteria unless the permittee can demonstrate it is not practicable or another form of corrosion resistance is employed. [15A NCAC 02T.0108(b)] II. OPERATION AND MAINTENANCE REQUIREMENTS 1. Upon classification of the collection system by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G.0201. The ORC shall visit the system within 24 hours of knowledge of a bypass, spill, or overflow of wastewater from the system, unless visited by the Back -Up ORC, and shall comply with all other conditions of 15A NCAC 8G .0204. [15A NCAC 08G.0200 et. seq.] 2. The Permittee shall develop and adhere to a schedule for reviewing all inspection, maintenance, operational and complaint logs. If the review process results in the identification of any recurring problem in the wastewater collection system that cannot be resolved in a short time period, the Permittee shall establish a plan for addressing the problem(s). [15A NCAC 02T.0108(b)] 3. The Permittee shall develop and adhere to a schedule for testing emergency and standby equipment. [15A NCAC 02T.0108(b)] The Permittee shall develop and implement a routine pump station inspection and maintenance program which shall include the following maintenance activities [15A NCAC 02T.0108(b)]: a. Cleaning and removing debris from the pump station structure, outside perimeter, and wet well; b. Inspecting and exercising all valves; c. Inspecting and lubricating pumps and other mechanical equipment; and d. Verifying the proper operation of the alarms, telemetry system and auxiliary equipment. 4. For each pump station without pump reliability (i.e. simplex pump stations serving more than a single building or pump stations not capable of pumping at a rate of 2.5 times the average daily flow rate with the Brunswick county Collection System WQCS00284 Page 5 of 9 DocuSign Envelope ID: 9CB4D727-2A58-46A5-A6B9-9FDEDA59FEF0 largest pump out of service), at least one fully operational spare pump capable of pumping peak flow shall be maintained on hand. [15A NCAC 02T.0305(h)(1)(A)] 5. The Permittee shall maintain on hand at least two percent of the number of pumps installed, but no less than two pumps, that discharge to a pressure sewer and serve a single building, unless the Permittee has the ability to purchase and install a replacement pump within 24 hours of first knowledge of the simplex pump failure or within the storage capacity provided in a sewer line extension permit. [15A NCAC 02T.0108(b)] 6. Rights -of -way and/or easements shall be properly maintained to allow accessibility to the wastewater collection system unless the Permittee can demonstrate the ability to gain temporary access in an emergency situation where existing land -use conditions do not allow the establishment and maintenance of permanent access. In this case, the Permittee shall continue to observe the lines visually, utilize remote inspection methods (e.g. CCTV) and use the opportunity of drier conditions to perform further inspections and necessary maintenance. [15A NCAC 02T.0108(b)] 7. The Permittee shall assess cleaning needs, and develop and implement a program for appropriately cleaning, whether by hydraulic or mechanical methods, the wastewater collection system. At least 10 percent of the gravity wastewater collection system, selected at the discretion of the ORC, shall be cleaned each year. Preventative cleaning is not required for sewer lines less than five years old unless inspection otherwise reveals the need for cleaning or cleaning is required by a sewer line extension permit. [15A NCAC 02T.0108(b)] 8. The Permittee shall maintain a Response Action Plan that addresses the following items at a minimum [15A NCAC 02T.0108(b)]: a. Contact phone numbers for 24-hour response, including weekends and holidays; b. Response time; c. Equipment list and spare parts inventory; d. Access to cleaning equipment; e. Access to construction crews, contractors and/or engineers; f. Source(s) of emergency funds; g. Site restoration and clean up materials; and h. Post-SSO assessment. 9. The Permittee, or their authorized representative, shall conduct an on -site evaluation for all SSOs as soon as possible, but if feasible no more than two hours after first knowledge of the SSO. The Permittee shall document in its 5-day report why it was unable to initially respond to any SSO location within two hours. [15A NCAC 02T.0108(b)] 10. In the event of an SSO or blockage within the wastewater collection system, the Permittee shall restore the system operation, remove visible solids and paper, restore any ground area and restore the surroundings. [15A NCAC 02T.0108(b)] III. RECORDS Brunswick county Collection System WQCS00284 Page 6 of 9 DocuSign Envelope ID: 9CB4D727-2A58-46A5-A6B9-9FDEDA59FEF0 1. Records shall be maintained to document compliance with Conditions 1(4), 11(2) - II(4), 11(7) - II(8), IV(3) and V(1) -V(4). Records shall be kept on file for a minimum of three years. [15A NCAC 02T.0108(b)] 2. The Permittee shall maintain adequate records pertaining to SSOs, and SSO or wastewater collection system complaints for a minimum of three years. These records shall include, but are not limited to, the following information [15A NCAC 02T.0108(b)]: a. Date of SSO or complaint; b. Volume of wastewater released as a result of the SSO and/or nature of complaint; c. Location of the SSO and/or complaint; d. Estimated duration of the SSO; e. Individual from the Division who was informed about the SSO and/or complaint, when applicable; f. Final destination of the SSO; g. Corrective actions; h. Known environmental/human health impacts resulting from the SSO; and i. How the SSO was discovered. 3. The Permittee shall maintain an up-to-date, accurate, comprehensive map of its wastewater collection system that also notes the locations where other wastewater collection systems become tributary. If a comprehensive map of the collection system has not been established, a rough sketch shall be drawn. The Permittee shall map approximately 10 percent of its existing collection system each year for the next ten years beginning at the original permit issuance date, or until complete, whichever is sooner. The comprehensive map shall include, but is not limited to: pipe size, pipe material, pipe location, flow direction, approximate pipe age, and each pump station identification, location and capacity. [15A NCAC 02T.0108(b)] 4. The Permittee shall maintain records of all of the modifications and extensions to the collection system permitted herein. The Permittee shall maintain a copy of the construction record drawings and specifications for modifications/extensions to the wastewater collection system for the life of the modification/extension. Information concerning the extension shall be incorporated into the map of the wastewater collection system within one year of the completion of construction. The system description contained within this permit shall be updated to include this modification/extension information upon permit renewal. [15A NCAC 02T.0108(b)] IV. MONITORING AND REPORTING REQUIREMENTS 1. In the event of an SSO, the Division may require monitoring that is necessary to ensure surface water and groundwater protection and an acceptable sampling and reporting schedule shall be implemented. [15A NCAC 02T.0108(c)] 2. The Permittee shall verbally report to a Division of Water Resources staff member at the Wilmington Regional Office, at telephone number 910-796-7215 as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of the following circumstances within the collection system which is under the Permittee's ownership or maintained and operated by the Permittee through a perpetual legal agreement: a. Any SSO and/or spill over 1,000 gallons to the ground; or Brunswick county Collection System WQCS00284 Page 7 of 9 DocuSign Envelope ID: 9CB4D727-2A58-46A5-A6B9-9FDEDA59FEF0 b. Any SSO and/or spill, regardless of volume, that reaches surface water. Voice mail messages or faxed information shall not be considered as the initial verbal report. SSOs (and other types of spills) occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing Part I of Form CS-SSO (or the most current Division approved form), within five business days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to ensure that the problem does not recur. [G.S. 143-215.1C(a1)] 3. The Permittee shall meet the annual reporting and notification requirements provided in North Carolina General Statute §143-215.1C. V. INSPECTIONS 1. The Permittee or the Permittee's designee shall inspect the wastewater collection system regularly to reduce the risk of malfunctions and deterioration, operator errors, and other issues that may cause or lead to the release of wastes to the environment, threaten human health or create nuisance conditions. The Permittee shall keep an inspection log or summary including, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. [15A NCAC 02T.0108(b)] 2. Pump stations that are not connected to a telemetry system (i.e., remote alarm system) shall be inspected by the permittee or its representative every day (i.e., 365 days per year). Pump stations that are connected to telemetry shall be inspected at least once per week. [15A NCAC 02T.0108(b)] 3. A general observation by the permittee or its representative of the entire wastewater collection system shall be conducted at least once per year. [15A NCAC 02T.0108(b)] 4. Inspections of all high priority lines (i.e. aerial line, sub -waterway crossing, line contacting surface waters, siphon, line positioned parallel to stream banks that are subject to eroding in such a manner that may threaten the sewer line, or line designated as high -priority in a permit) shall be performed at least once per every six-month period of time. A list of high -priority lines is presented as Attachment A and is hereby incorporated into this permit condition. New high priority lines installed or identified after permit issuance are incorporated by reference and subject to this permit condition until permit renewal where they shall be referenced in writing in Attachment A. [15A NCAC 02T.0108(b)] VI. GENERAL CONDITIONS 1. This permit is not transferable. In the event that the Permittee desires to transfer ownership of the wastewater collection system or there is a name change of the Permittee, a formal permit modification request shall be submitted to the Division. The request shall be accompanied by documentation from the parties involved, and other supporting materials as may be appropriate. Such request will be considered on its merits and may or may not be approved. [15A NCAC 02T .0104; G.S. 143-215.1(d)(3)] 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, and a sewer moratorium may be established. [15A NCAC 02T.0104] Brunswick county Collection System WQCS00284 Page 8 of 9 DocuSign Envelope ID: 9CB4D727-2A58-46A5-A6B9-9FDEDA59FEF0 3. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) having jurisdiction. [G.S. 143-215.1(b)] 4. The issuance of this permit does not prohibit the Division from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit, as allowed by the laws, rules, and regulations or as needed to address changes in federal regulations with respect to the wastewater collection system, in accordance with required procedures. [G.S. 143-215.1(b)(4)] 5. The Permittee shall pay the annual fee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit. [15A NCAC 02T.0110(4)] 6. The Permittee shall file an application for renewal of this permit at least six months prior to the expiration of this permit. Upon receipt of the request, the Director will review the adequacy of the wastewater collection system described therein, and if warranted, will extend the permit for a period of time and under such conditions and limitations, as the Director may deem appropriate. [15A NCAC 02T.0109] 7. The Permittee shall notify the Division's Municipal Permitting Unit in writing at 1617 Mail Service Center, Raleigh, North Carolina 27699 of any changes to the name and/or address of the responsible party (i.e. mayor, city/town manager) of the wastewater collection system. [15A NCAC 02T.0106(c)] 8. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the collection system at any reasonable time for the purpose of determining compliance with this permit, may inspect or copy any records that must be maintained under the terms and conditions of this permit, and may obtain samples of wastewater, groundwater, surface water, soil, or plant tissue. [15A NCAC 02T.0110(3)] 9. The Permittee or their authorized representative shall have available a copy of this permit to present upon request by any duly authorized officer, employee, or representative of the Division. [15A NCAC 02T.0104] Permit issued the 13th of June, 2024. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION L'c'u,SiAgne'd b�y:n`',.� Iw.''`I�(�C�l� Y V hK �'�C�1.1h nFE,- Mich Montebello, NPDES Branch Chief Division of Water Resources, NCDEQ Brunswick county Collection System WQCS00284 Page 9 of 9 DocuSign Envelope ID: 9CB4D727-2A58-46A5-A6B9-9FDEDA59FEF0 MAILING ADDRESS P. O. Box 249 BOLIVIA, NORTH CAROLINA 28422 BRUNSWICK COUNTY PUBLIC UTILITIES OPERATIONS CENTER 250 GREY WATER ROAD NE SUPPLY, NORTH CAROLINA 28462 WQCS 00284 -High Priority Lines TELEPHONE (910)253-2657 FAX (910)253-4305 The County has identified the following lines as high priority lines and subject to inspection every six months: 1) Navassa Road (sub -waterway crossing) 12" HDPE sewer force main under Sturgeon Creek 2) Hwy. 211 (sub -waterway crossing) 18" HDPE sewer force main under the Lockwood Folly River 3) Hwy. 17 S. (sub -waterway crossing) two 6" Ductile Iron sewer force mains under Persimmon Creek 4) Carolina Shores Utility Easement (parallel to stream bank) 8" and 6" PVC sewer force mains 5) Devaun Park (sub -waterway crossing) 6" HDPE sewer force main under the Intercoastal Waterway 6) Beach Drive (sub -waterway crossing) 6" HDPE sewer force main under the Calabash River 7) Sunset BLVD (sub -waterway crossing) 10" HDPE sewer force main under the Inter - coastal Waterway RECEIVED APR 12 2021 NCDEQ/DWR/NPDES