HomeMy WebLinkAboutNCG530095_Issuance of Permit_20180625 ROY COOPER
Gover77o,
MICHAEL S. REGAN
Sec?elmy
LINDA CULPEPPER
Water Resources Into un Director
ENVIRONMENTAL QUALITY
June 25, 2018
Mr. Gerald R.Laschober
Cooper Creek Investments LLC
3365 Cooper Creek Rd
Bryson City, NC 28713
Subject: Renewal of coverage/General Permit NCG530000
Cooper Creek Trout Farm
Certificate of Coverage NCG530095
Swain County
Dear Permittee:
The Division is hereby renewing Certificate of Coverage (CoC) NCG530095 to discharge under NPDES
General Permit NCG530000. This CoC is issued pursuant to the requirements of North Carolina General
Statue 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental
Protection agency dated October 15, 2007 [or as subsequently amended].
If any parts, measurement frequencies or sampling requirements contained in this General Permit are
unacceptable to you,you have the right to request an individual permit by submitting an individual permit
application. Unless such demand is made, the certificate of coverage shall be final and binding.
Please take notice that this Certificate of Coverage is not transferable except after notice to the
Division. The Division may require modification or revocation and reissuance of the certificate of coverage.
Contact the Asheville Regional Office prior to any sale or transfer of the permitted facility.
Regional Office staff will assist you in documenting the transfer of this CoC.
This permit does not affect the legal requirements to obtain other permits which may be required by
any other Federal, State, or Local governmental regulation.
If you have any questions concerning the requirements of the General Permit, please contact Joe
Corporon [919 807-6394, or joe.corporon@ncdenr.gov].
Sincerely,
eilfq
for ' da Culpepper
Interim Director
cc: NPDES file
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh,NC 27699-1617
919 807 6300 919-807-6389 FAX
haps://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
GENERAL PERMIT NCG530000
CERTIFICATE OF COVERAGE NCG530095
DISCHARGE SEAFOOD PACKING & RINSING, FISH FARM AND SIMILAR WASTEWATERS
UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and
the Federal Water Pollution Control Act, as amended,
Cooper Creek Investments LLC
is hereby authorized to discharge Fish Farm wastewater from a facility located at the
Cooper Creek Trout Farm
3365 Cooper Creek Rd
Bryson City
Swain County
to receiving waters designated as Cooper Creek in subbasin 04-04-02 of the Little
Tennessee River Basin in accordance with the effluent limitations, monitoring
requirements, and other conditions set forth in Part I hereof.
This certificate of coverage shall become effective June 25, 2018.
This Certificate of Coverage shall remain in effect for the duration'of the General Permit.
Signed this day June 25, 2018
a
for Linda Culpepper, Interim Director
Division of Water Quality
By Authority of the Environmental Management Commission
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
- GENERAL PERMIT NCG530000
to discharge from seafood packing and rinsing, aquatic animal operations,
and similarly designated wastewaters 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, this permit is hereby issued to all
owners or operators,hereafter Permittees, covered by this permit as evidenced by receipt of a Certificate
of Coverage(COC)issued by the Environmental Management Commission to allow the discharge of
wastewater in accordance with the effluent limitations,monitoring requirements, and other conditions
set forth in Parts I,II, III and IV hereof.
This permit shall become effective March 1, 2018.
This permit shall expire at midnight on March 30, 2021.
nada Culpepper
r Interim Director, Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 6
General Permit NCG530000
PART I.
MONITORING,CONTROLS,AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS,
. [15A NCAC 02B .0400 et seq.,02B .0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is
authorized to discharge from outfalls numbered serially beginning with 001. Such discharges shall be limited and
monitored by the Permittee as specified below;
•� . - - - ' ;""".� ;��,.�� _ ,te h ;�,'a� .
�.4 LIMITSo�`. .,,� '`� _"MONITORIN,G'REQUIREMENTS
EFFLUENT.CHARACTERISTIC_S: `==Monthly,Y:i Weekly i :`;..-.rr Daily tMeasurement' Sample;' Sample
.. 4."a.,[`? `55vi � n"
_, ; _'. _. Average Average„, :Maximum ' Frequency Type Location
Flow Annually Estimate- Effluent
Total Suspended Solids 1 30.0 mg/L ; 60.0 mg/L 1 Annually Grab Effluent
Settleable Solids 5.0 mi/L ; 10.0 mi/L . Annually Grab Effluent
Dissolved Oxygen 2 Annually Grab Effluent
Footnotes:
(1) If the Permittee discharges to a stream classified as High Quality Waters(HQW),the Daily Maximum limit
for Total Suspended Solids shall not exceed 20.0 mg/L.If the discharge is to waters classified as Trout(Tr),
the Daily Maximum limit for Total Suspended Solids shall not exceed 10.0 mg/L(See Certificate of
Coverage[COC]cover letter for receiving-stream classification).
(2) Daily Average effluent concentration of Dissolved Oxygen shall not fall below 6.0 mg/L.
General Conditions:
a. Although annual reporting to the Division is not required,routine records maintenance(see Part I Section
E.Best Management Practices[BMP]Plan)is required;each item,including laboratory monitoring data,
is to be kept onsite for a minimum of three(3)years,available for inspection upon request by the
Division.
b. Effluent pH for classified freshwater shall not fall below 6.0 nor exceed 9.0 standard units.
c. Effluent pH for classified saltwater shall not fall below 6.8 nor exceed 8.5 standard units.
d. The Permittee shall discharge no floating solids or foam.
e. CAAP facilities discharging to a waterbody classified Nutrient Sensitive Waters(NSW)shall use low-
phosphorus food(see Certificate of Coverage[COC] for receiving-stream classification).
f. No fish/seafood offal or fish/seafood carcasses shall discharge from any facility covered by this General
Permit.
NOTE: Special Condition-Section E: This Certificate of Coverage(COC)requires the Permittee to submit
to the Division a written plan addressing Operation and Maintenance Best Management Practices(BMPs)in
accord with Part 1, Section E.of this permit.Compliance with Section E. shall commence on the anniversary of
the effective date,one(1)year from the issuance of the Certificate of Coverage(COC).
Page 2 of 6
General Permit NCG530000
SECTION.B.- SCHEDULE OF COMPLIANCE
'[G.S. 143-215.1(b)] -- _.
1. The Permittee shall comply with Final Effluent Limitations by the effective date of the Certificate of
Coverage(COC).
2. Permittee shall at all times provide the planning, scheduling and maintenance necessary to operate the
existing facilities in accordance with Part II.C.(2)and Part I. Section E.of this permit.
3. The permittee shall at all times manage accumulated solids in such a manner that accumulated solids are not
discharged to the receiving stream. Sweeping,raking,or otherwise intentionally discharging accumulated
solids from raceways or ponds to the receiving stream is prohibited.
SECTION C. APPLICABILITY
[40 CFR 122;NCGS 143-215]
1. This General Permit covers point-source discharges from Concentrated Aquatic Animal Production(CAAP)
facilities, seafood/fish packing and rinsing operations,and any other discharge deemed by the Division to be
similar.
2. A Concentrated Aquatic Animal Production(CAAP)facility,subject to the NPDES program is defined,
but not limited to,a hatchery,fish farm,pond,raceway,net pen,submerged cage system,recirculating
system,flow-through system,or similarly structured facility that meet Cold-or Warm-Water definitions and
criteria.
a. Cold-Water species facilities that meet or exceed all three(3)of the following:
(1) produce a minimum 20,000 lbs(9,072 kilos)harvest-weight of aquatic animals per year,and
(2) feed more than 5,000 lbs(2,268 kilos)of fish food per calendar month,and
(3) discharge more than 30 days per year. •
b. Warm-Water species facilities that meet or exceed both of the following:
(1) produce a minimum 100,000 lbs(45,359 kilos)harvest-weight of aquatic animals per year,and
(2) discharge more than 30 days per year.
c. The Director may designate any cold or warm water aquatic animal production facility a Concentrated
Aquatic Animal Production(CAAP)facility,or may require an individual NPDES permit,upon
determining that it is a significant contributor of pollution to the surface waters of North Carolina.
3. This General Permit does not apply to seafood/fish processing(requiring regulation under Federal
Guidelines),and/or to CAAP facilities deemed to require an individual NPDES permit.Facilities not meeting
the minimum requirements of CAAP,as herein defined,are exempt from monitoring and reporting under this
permit.
Page 3 of 6
General Permit NCG530000
SECTION D. DISCHARGE CHARACTERISTICS
[40 CFR 122.41;NCGS 143-215]
1. Activities Covered by'This General Permit
This General Permit covers point source discharges originating from seafood packing&rinsing
operations,as defined by 15A NCAC 211.0103(19),and from fish farms and hatcheries defined as
Concentrated Aquatic Animal Production(CAAP)facilities with production levels above specified
minimums(see permit Part I, Section C.Applicability[a], [b],and[c]),and any other discharges deemed
similar by the Director.
This General Permit specifically excludes seafood/fish-processing deemed process-contact waste-
generating activities(including but not limited to,gutting,cutting,picking,shucking,cooking,steaming,
rendering)requiring an individual NPDES permit under 40 CFR 408,Subparts A through AG,or other
facility deemed by the Division to require an individual NPDES permit.
2. Geographic Area(s)Covered by This General Permit
This General Permit covers discharges located within the political boundary of the State of North
Carolina. (Exception:Discharges located on the Cherokee Indian Tribal Reservation subject to permitting
by the US Environmental Protection Agency.)
3. Receiving'Waters
Receiving waters include all surface waters of the State of North Carolina including separate municipal
storm sewer systems conveying water to these surface waters.
4. Wastewater Characteristics
Discharges consist of seafood/fish rinse water or wash-down water only,or effluents from Concentrated
Aquatic Animal Production(CAAP)facilities,as defined by this permit.These wastewaters may contain
solids as mud, sand or vegetation, fish food and drugs,accumulated during or after the hatchery and
recovery of fish or seafood.
SECTION E. SPECIAL CONDITION—BEST MANAGEMENT PRACTICES IBMP):PLAN
[NCGS 143-215.1(b)]
Fish food-production facilities defined by this permit as Concentrated Aquatic Animal Production(CAAP)
facilities(See Part I, Section C.Applicability),and process greater than 100,000 pounds of product per year,
shall develop and maintain a written BMP plan describing how to achieve compliance with EPA 40 CFR Sec.
451.11(a)through(e)or Sec.451.21(a)through(h). Subject to this Part,the Permittee shall certify in writing to
the Division that a BMP Plan has been developed and implemented,and make the plan available to the Division.
This permit also defines narrative conditions to address the potential for CAAP wastewaters to impact the
environment such as equipment/component failure and spilled materials(drugs,pesticides,fish carcasses,
viscera,excess feed,feed bags,packaging materials,netting and/or other wastes).The following summarizes
these narrative limitations to be addressed or referenced in the BMP Plan.
1. Operation and Maintenance BMP Plan.Within one(1)year of the COC effective date,the CAAP facility
owner or designated operator must developed and implement an Operations and Maintenance BMP Plan,as
defined herein(in accord with 40 CFR 451.3),and certify in writing by submitting a copy of this plan to the
Division.The BMP Plan shall include regular records keeping; each sample,analysis,measurement,report or
application to remain onsite for a minimum of three(3)years,available for Division inspection.The BMP
Plan shall be updated annually and a copy dated and signed by the facility manager,shall be kept onsite and
be available for inspection.This BMP Plan shall address,at a minimum,the following:
Page 4 of 6
General Permit NCG530000
a. Materials Management—CAAP facilities shall ensure proper storage of drugs,pesticides and feed to
prevent spills and any resulting discharges of drugs and pesticides.The BMP plan shall describe how the
facility minimizes solids discharges and how it complies with prohibitions on the discarding of feedbags
and/or other solid waste materials.Equipment used to manage solids or otherwise control the discharge
of floating, suspended or submerged matter shall be cleaned and maintained at a sufficient frequency to
prevent the discharge of floating,suspended or submerged matter.Net pens must minimize the
accumulation of uneaten feed beneath the pens through active feed-monitoring and management
strategies.
b. Inspection and Maintain of Facilities and Containment Structures—The Permittee shall provide
inspection and regular maintenance of all CAAP production and treatment systems to prevent structural
damage.
c. Spill Response and Prevention—The Permittee shall define and implement procedures,and acquire any
relevant materials and equipment necessary to contain and respond to loss of fish,fish parts and offal,
feed,pesticides,drugs,or other materials potentially hazardous to the waters of the state.
d. Training—The Permittee shall train personnel in the responsible use and handling of materials,effective
facility inspections,and maintenance of CAAP systems(as described above).Training shall include
documenting and reporting to the Division any spill,containment-structure failure,or drug use(see
Reporting Requirements).
2. Reporting Requirements.As a means to prevent adverse impacts in the receiving stream,the Division
requires reporting of facility damage,material spills,voluntary or involuntary drug testing,and drug use.The
Division expects facilities to implement proper storage for these products,and implement procedures for
containing,cleaning and disposing of spilled material. CAAP facilities shall make oral and written reports to
the Division(See 40 CFR 451.3),as follows.
a. Spills—the Permittee shall alert the Division to any loss of hazardous materials such drugs,pesticides or
feed with potential impact to the environment.The Permittee shall make an oral report to the Division
within 24 hours of the spill's occurrence followed by a written report within 5 days.The report shall
identify the material spilled and estimate the amount(40 CFR 451.3).Upon receiving the oral report,the
Division may on a case-by-case basis,differ the requirement for a written report.
b. Damage or Breach of Containment Structures—the Permittee shall alert the Division to any damage
to containment structures such as berms,containers,ponds or nets that results in a loss of materials
hazardous to the receiving stream.The Permittee shall make an oral report to the Division within 24
hours of the spill's occurrence followed by a written report within 5 days.The report shall identify the
material spilled and estimate the amount spilled(40 CFR 451.3).Upon receiving the oral report,the
Division may on a case-by-case basis,differ the requirement for a written report.
c. Participation in INAD Testing and the Use of Extralabel Drugs—CAAP facilities must notify the
Division in writing within 5 days of volunteering to participate in investigational new animal drug
(INAD)testing,in accordance with 40 CFR 451.3.The Permittee shall report the intended use of INADs
and any extralabel drugs both orally and in writing.Based on the oral report,the Division may implement
site-specific action,as warranted.The written report shall identify and confirm the use of the drug,and
provide more complete data for future analysis and measures control.
INAD or Extralabel Drug Reporting Exception: If the Division has already approved a Permittee's
use of a specific INAD or extralabel drug,additional approval to treat another species,or to treat another
disease using this INAD or extralabel drug,is not necessary provided that the Permittee maintain similar
treatment conditions and restrict the dosage not-to-exceed the approved dosage(See 40 CFR 451.3).
Page 5 of 6
t
General Permit NCG530000
SECTION F. NOTICE OF INTENT
[40 CFR 122.41(b)]
Individuals intending to obtain coverage under this General Permit shall submit a Notice of Intent(NOI)and an
Application for Certificate of Coverage(COC).A current version of these documents can be obtained by
contacting the Water Quality Permitting Section/NPDES Wastewater Permitting Unit at 919-807-6377,or may
be downloaded from the internet at:https://deq.nc.gov/about/divisions/water-resources/water-quality-
permitting/npdes-wastewater/npdes-permitting/general.
NOIs must be signed and submitted to:
Division of Water Resources
Water Quality Permitting Section-NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
Applicants who have submitted an NOI are not authorized to discharge until the Division issues a Certificate of
Coverage.In general,the NOI shall include the following information:
1. The mailing address and telephone number for the owner and/or operator.
2. The facility name,address,and telephone number where the discharge will occur.
3. The permit number of any NPDES permit(s)for any discharge(s)from the site.
4. A description of the discharge,including the number of discharge points,the volume of discharge,the
frequency of discharge and any treatment methods applied prior to discharge.
5. The name of the receiving waters and the stream classification(if known).
6. An analysis of non-discharge alternatives,including connection to a regional sewer collection system,
subsurface disposal and spray irrigation.
7. A 7.5-minute series USGS topographic map clearly indicating the discharge location.
8. Final plans and specifications for the treatment system including all major components(if applicable).
9. Certification that the information contained in the NOI is true,complete,and accurate.
Page 6 of 6