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HomeMy WebLinkAboutNC0070157_Draft Permit_20240806ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Dare County Attu: Jordan Curles 600 Mustian Street Kill Devil Hills, NC 27948 Dear Permittee, NORTH CAROLINA Environmental Quality 08/06/2024 Subject: Draft NPDES Permit NCO070157 Dare County North RO WTP PC-1 Biological WPCS Dare County The Division has reviewed your request to renew the subject permit. Please review this draft carefully to ensure a thorough understanding of the information, conditions, and requirements it contains. The draft permit includes the following significant changes from the existing permit: • Section A. (4.) has been updated to require electronic submission of effluent data reports (DMRs). Federal regulations require electronic submittal of all discharge monitoring. Per new guidance for water treatment plants, a flow limit has been added to Section A. (1.). Based on a reasonable potential analysis, Total Copper limits have been added to Section A. (1.). 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 1). The conditions are the same as in your current permit except that agency and division names have been updated. The latest version is available at https://bit.ly/3k5NFaL and can be viewed online or downloaded as a PDF file. With this notification, the Division will solicit public comment on this draft permit by publishing a notice in newspapers having circulation in the general Dare County area, per EPA requirements. Please provide your comments, if any, to me at the address below no later than 30 days after receiving 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 the draft, please contact me at (919)707-3613 or via e-mail at kate.shadwellAdeq.nc.gov. Catherine Shadwell NPDES Compliance and Expedited Permitting cc: NPDES File [Laserfiche] Washington Regional Office [Laserfiche] North Carolina Department of Environmental Quality I Division of Water Resources ?j 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 n, D E 919.707.9000 aw.� Permit NCO070157 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 Contr ct, as amended, Dare Coun is hereby authorized to discharge waste w from a facility ted at the Dare County North Reverse Osmosis WTP 60OMustian Street KtDevil, Hills � D :County to receiving waters designated as t tlant' accordance with effluent limitations, II, III and IV hereof., This permit shall become tive Contiguous to Pasquotank River Basin in nts, and other conditions set forth in Parts I, This permit and authorization to discharge shall expire at midnight on March 31, 2028. If the permittee intends to continue to discharge at the facility beyond the term of this permit, a renewal application must be submitted no later than October 3, 2027 (180 days before the expiration of this permit). Signed this day John E. Hennessy, Section Chief Regional Operations Division of Water Resources Page 1 of 8 NPDES Permit NCO070157 By Authority of the Environmental Management Commission SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this 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 described herein. Dare County is hereby authorized to: 1. Continue to generate reverse osmosis (RO) reject concentrate econdary-containment stormwater/process-monitoring wastewater from existing po ater treatment plant (WTP) facilities; facility is located at the Dare County North Reverse osis WTP (6 ustian St, Kill Devil Hills) in Dare County. 2. Discharge from said treatment map, into the Atlantic Ocean, s subbasin 03-01-56 [l rutfalll%l, at the location specified on the attached classified SB [Stream Index: 99-(7)] within ] of the Contiguous to Pasquotank River Basin. Page 2 of 8 NPDES Permit NCO070157 PART I. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] PC-1 Biological Water Pollution Control System [15A NCAC 08G .0302] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002. Such discharges shall be limited and monitored' by the Permittee as specified below: PARAMETERS eDMR Code Limits Monitoring Requirements Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow (MGD) 50050 2.35 MGD Once per Discharge Grab Effluent Duration of Flow (Hrs) 81381 Monitor and Report Once per Discharge Calculated Effluent Total Dissolved Solids (TDS) m /L 70295 Monitor and Report 2/Month Grab Effluent pH 00400 > 6.8 and < 8.5 Standard Un' 2/Month Grab Effluent Salinity (ppth) 00480 Monitor and Repoµ . onth Grab Effluent Conductivity (umhos/cm) 00094 Monitor and rt 2/ . nth Grab Effluent Turbidity (ntu) 00070 Monitor and Re 2/Month Grab Effluent Total Copper2 01042 3.73 pg �� 5.7 8P 2/Month Grab Effluent Chronic Toxicity3 TGP3E Monito ` d Quarterly Grab Effluent Footnotes: 1. The Permittee shall submit dischar eDMR system [see A. (4.)]. 2. The Permittee shall achieve com lia effective date of this perm' Special Condition A.(2 11, arting o perform monthly efflu onitoring 3. Chronic Toxicity (Mysido bahia) and October [see A. (3)]. w w electronically using the NC DWR's ith theseTmitations within five (5) years of the the Total Copper compliance schedule detailed in tive date of this permit, the Permittee shall Reporting for Total Copper. monitor only @ 5.5% during January, April, July, THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS Page 3 of 8 NPDES Permit NCO070157 A. (2.) SCHEDULE OF COMPLIANCE FOR TOTAL COPPER LIMITS (5 YR) [G.S. 143-215.1 (b)] a. No later than one (1) year from effective date of this permit the Permittee shall submit to the Division a Convective Action Plan (CAP) for Division approval, summarizing the strategy or actions to be taken to achieve compliance with the Total Copper limitations listed in Section A. (1). This plan will include specific dates for completion or implementation of each action. b. No later than two (2) years from effective date of this permit the Penmittee shall submit to the Division a summary of actions taken towards achieving compliance with the Total Copper limitations specified in Section A. (1.). C. No later than two (3) years from effective date of this permit the Permittee shall submit to the Division a summary of actions taken towards achieving compliance with the Total Copper limitations specified in Section A. (L). d. No later than three (3) years from effective date of this permit the Permittee shall achieve compliance with Total Copper limitations specified in Section A. (1 e. No later than four (4) years from effective date of this it the Permittee shall submit to the Division a summary of actions taken towards achieving comp with the Total Copper limitations specified in Section A. (1.). f. No later than five (5) years from effective dat this pe a Permittee shall achieve compliance with the Total Copper limits specified in on A. (1.). d. Upon approval of the Corrective Action PI AP) he Division, the report, actions, and implementation dates become an enforceable part of it. Any modifications to the schedule shall be requested to the Division at least ninety (9 days be a deadline. Modifications to the schedule more than four months will be subject to pu e. e. Annual summaries and the CAP shal clu 's name, NPDES permit number, and a Permittee contact person and shall �ubmi NCDEQ / Division of Water NPDES Permitting 1617 Mail Service Center Raleigh, NC 27699-110" NCDEQ / Divisio Water Washington Regiona ce 943 Washington Square Washington, NC 27889 A. (3.) SW -CHRONIC TOXICITY PASS/FAIL PERMIT MONITORING (QUARTERLY) [ 15A NCAC 02B .0200] [ 15A NCAC 02B .0500 et seq] The effluent discharge shall at no time exhibit observable inhibition of growth or significant mortality to Mysidopsis bahia at an effluent concentration of 5.5%. The permit holder shall perform at a minimum, quarterly monitoring using procedures described below to establish compliance with the permit condition. 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. The test procedure will be based on EPA Method 1007.0, Mysid, Mysidopsis bahia, Survival, Growth, and Fecundity Test, as described in Short -Term Methods for Estimating the Chronic Toxicity of Effluents and Page 4 of 8 NPDES Permit NCO070157 Receiving Waters to Marine and Estuarine Organisms, Third Edition, EPA-821-R-02-014. The procedure will be performed as written with the following exceptions: • The test treatments will consist of a control and a 5.5% effluent concentration. • Mortality for pass/fail tests will be evaluated using the t test described in Section 11.3 in Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms, Fifth Edition. EPA-821-R-02-012, October 2002, applying an alpha level of 0.05. • The growth endpoint for pass/fail tests will be determined using Appendix G of Short -Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms, Third Edition, EPA-821-R-02-014, October 2002, applying an alpha level of 0.01. • Mortality and growth endpoints for multiple -concentration tests will be determined using hypothesis testing as described in EPA Method 1007.0, Mysid, Mysidopsis bahia, Survival, Growth, and Fecundity Test, as described in Short -Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms, Third Edition, EPA-821-R-02-014, October 2002. • Fecundity will not be evaluated. All toxicity testing results required as part of this permit condition will a ed electronically using the Division's eDMR system for the months in which tests were performed. For ail results, report using the parameter code TGP3E. Additionally, DWR Form AT-4 (original) is to be sent a following address: North Carolina Division of Water Re Water Sciences Section/Aqu tic Toxic o Branch 1621 Mail Service Center Raleigh, NC 27699-1621 Or, results can be sent to the email, Completed Aquatic Toxicity Test For hal l be filled with the Water Sciences Section no later than 30 days after the end of the reporting period for which the rer ort is e. Test data shall be complete, at e, pporting chemical/physical measurements and all concentration/response da d bby laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the esample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flowTrom 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. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water 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 growth, 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 Page 5 of 8 NPDES Permit NCO070157 following the month of the initial monitoring. A.(4.) ELECTRONIC REPORTING - 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): 1. • Section B. (11.) Signatory Requirements • Section D. (2.) • Section D. (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports The permittee shall report discharge monitoring data Discharge Monitoring Report (eDMR) internet applii Monitoring results obtained during the previous monthly electronically using eDMR. The eDM and submit DMRs electronically using the inter https:Hdeq.nc.gov/about/divisions/water-resour( the NC DWR's Electronic iarized for each month and submitted ed facilities to enter monitoring data may be accessed at: If a permittee is unable to use the eDMR s demonstrated hardship or due to the facility being physically located in an area where less t t�l t of the households have broadband access, then a temporary waiver from the NPVWiS electronic reporting requirements may be granted and discharge monitoring data may be, s.ubm itted 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 WatV / Water Quality Permitting Section ATTENTION: Central Fil 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; and Page 6 of 8 NPDES Permit NCO070157 • 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). a. 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 onic reporting tool for each type of electronic submission and for each state. Instructions on how to ac and use the appropriate electronic reporting tool will be available as well. Information on EPA's ctronic Reporting Rule is found at: https://www.federalregister.gov/documents/2015/10/22/2015 954/nati ollutant-discharge-elimination- system-npdes-electronic-reporting-rule Electronic submissions must start by the dates listed in th ing Requirements" section above. b. How to Request a Waiver from Electronic R Wor_ tins The permittee may seek a temporary electronic re in rom the Division. To obtain an electronic reporting waiver, a permittee must first su ' 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. time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -a s for and is granted a new temporary electronic reporting waiver by the Division. Approved a onic repo waivers are not transferrable. Only permittees with an approved reporting waiver request submit nitoring data and reports on paper to the Division for the period that the approved reporting wai4 qu _ t is effective. Information on eDMR and the ap lication for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr c. Si2natory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)l 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: Page 7 of 8 NPDES Permit NC0070157 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " d. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Repo cluding eDMR submissions. These records or copies shall be maintained for a period of at least 3 year the date of the report. This period may be extended by request of the Director at any time [40 CFR Page 8 of 8 r O w _ V-oatan 3 Shores o',)tt� Kill Devil Hills First Flight , LL Airport ' _ KILL' DEV - HILLS West Hill L � ` Hitter ;. Kill Devil Outfa11002 Rp Lf, Facility Location`' yo ASS t, aS rr �E►r gP J► 7� v` Y►' Yp'p �^ A Dare County Facility Dare County North Reverse Osmosis WTP Latitude: 360 00' 57" N River Basin: Pasquotank Location Loneitude: 75' 39' 10" W Subbasin: 03-01-56 Not to scale Stream Class: SB Stream Segment: 99-(7) Receiving Stream: Atlantic Ocean HUC: 030102051704 North NPDES Permit NC0070157 Dare County