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
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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