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HomeMy WebLinkAboutNC0004308_Special Order By Consent_20180705 4 Badin Business Park LLC �w Highway 740 Alcoa P O.Box 576 Badin,NC 28009 Tel 1 704 422 5865 July 2, 2018 RECEIVED/DENR/DW, North Carolina Division of Water Resources JUL '2018 Point Source Branch Water Resources 1617 Mail Service Center Permitting Section Raleigh, NC 27699-1617 RE: BADIN BUSINESS PARK LLC (BBP)—Application for a Special Order by Consent (SOC) To Whom It May Concern: Please find attached an Application for a Special Order by Consent (SOC) for Badin Business Park LLC. Included in this submittal is one original and two copies of the completed application form and a check for the $400.00 processing fee associated with the application. In addition, as was previously discussed, no evaluation report by an independent consultant is included since the issues at the site are unrelated to wastewater. If you have any questions regarding this report, please don't hesitate to contact me at (412) 315-2780. Sincerely, 1 Robyn L. Gross Director of Asset Management Americas STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES APPLICATION FOR A SPECIAL ORDER BY CONSENT (SOC) I. PERMIT RELATED INFORMATION: 1. Applicant(corporation, individual, or other): Badin Business Park LLC 2. Print or Type Owner's or Signing Official's Name and Title: RECEIVED/DENR/DWR Robyn L. Gross, Director,Asset Management Americas JUL ® 5 2018 Water Resources 3. Facility Name (as shown on Permit): Badin Business Park LLC permitting Section 4. Owner Phone: (412) 315-2780 5. Owner Email: Robyn.Gross@alcoa.com 4. Application Date: July 02,2018 5. NPDES Permit No. (if applicable): NC0004308 6. Name of the specific wastewater treatment facility(if different from 13. above): Also known as "Badin Works," `Kadin Business Park," or"Badin Park" II. PRE-APPLICATION MEETING: Prior to submitting this completed application form, applicants must meet with the appropriate regional office staff to discuss whether or not an SOC is appropriate for this situation. Please note the date this meeting occurred and who represented the permittee: Representative: Robyn Gross Date: December 21,2017 III. ADDITIONAL FLOW OR FLOW REALLOCATION: In accordance with NCGS 143-215.67(b), only facilities owned by a unit of government may request additional flow. Additional flow may be allowed under an SOC only in specific circumstances. These circumstances may include eliminating discharges that are not compliant with an NPDES or Non-discharge permit. These circumstances do not include failure to perform proper maintenance of treatment systems, collection systems or disposal systems. When requesting additional flow,the facility must include its justification and supporting documentation. If the requested additional flow is non-domestic, the facility must be able to demonstrate the ability to effectively treat the waste and dispose of residuals. The applicant must provide a detailed analysis of the constituents in the proposed non-domestic wastewater. The total domestic additional flow requested: gallons per day. The total non-domestic additional flow requested: gallons per day. The total additional flow(sum of the above): gallons per day. Please attach a detailed description or project listing of the proposed allocation for additional flow, with an explanation of how flow quantities were estimated. Further, any additional flow requested must be justified by a complete analysis, by the permittee, that additional flow will not adversely impact wastewater collection/treatment facilities or surface waters. Not applicable IV. NECESSITY NARRATIVE: Please attach a narrative providing a detailed explanation of the circumstances regarding the necessity of the proposed SOC. Include the following issues: • Existing and/or unavoidable future violations(s) of permit conditions or limits(s), • The existing treatment process and any process modifications that have been made to date to ensure optimum performance of existing facilities, • Collection system rehabilitation work completed or scheduled(including dates), • Coordination with industrial users regarding their discharges or pretreatment facilities. Identify any non-compliant significant industrial users and measure(s) proposed or already taken to bring the pretreatment facilities back into compliance. If any industrial facilities are currently under consent agreements,please attach these agreements, • Date and outcome of last Industrial Waste Survey, • Whether or not the facility is acting as a regional facility receiving wastewater from other municipalities having independent pretreatment programs. Badin Park hereby stipulates the following: A Special Order by Consent ("Special Order") would address issues related to the NPDES wastewater discharge permit renewal number NC0004308 (the "Permit") issued to Badin Park on September 29, 2017 by the North Carolina Department of Environmental Quality, Division of Water Resources (the "DWR"). The Permit authorizes the discharge of contaminated groundwater, stormwater, and fire protection water from for Badin Park's facility located at NC Hwy. 740 & NCSR 1719, Stanly County, NC ("Badin Business Park"). The Permit applies daily maximum total cyanide limits to discharges from Outfalls 011, 018 and 022, and also applies both daily maximum and monthly average total cyanide limits to discharges from Outfalls 005, 012, 2 and 013 ("cyanide limits"). The Permit applies daily maximum total fluoride limits to discharges from Outfalls 011, 018 and 022, and also applies both daily maximum and monthly average total fluoride limits to discharges from Outfalls 005 ("fluoride limits"). Compliance with the monthly average fluoride limit and the daily maximum and monthly average cyanide limits at Outfall 005 in the permit will require the design and construction of a stormwater piping system upgrade at the Badin Business Park. Noncompliance with final effluent limitations in the Permit constitutes causing and contributing to pollution of the waters of the State, and Badin Park is within the jurisdiction of the Commission as set forth in G.S. Chapter 143,Article 21. Badin Park has secured financing for planning, design, and construction of a stormwater piping system upgrade which, once constructed and operated, is expected to be sufficient to achieve compliance with the final effluent limitations in the Permit. V. CERTIFICATION: The applicant must submit a report prepared by an independent professional with expertise in wastewater treatment. This report must address the following: • An evaluation of existing treatment units, operational procedures and recommendations as to how the efficiencies of these facilities can be maximized. The person in charge of such evaluation must sign this document. • A certification that these facilities could not be operated in a manner that would achieve compliance with final permit limits. The person making such determination must sign this certification. • The effluent limits that the facility could be expected to meet if operated at their maximum efficiency during the term of the requested SOC (be sure to consider interim construction phases). • Any other actions taken to correct problems prior to requesting the SOC. Not applicable. VI. PREDICTED COMPLIANCE SCHEDULE: The applicant must submit a detailed listing of activities along with time frames that are necessary to bring the facility into compliance. This schedule should include milestone dates for beginning construction, ending construction, and achieving final compliance at a minimum. In determining the milestone dates,the following should be considered: • Time for submitting plans, specifications and appropriate engineering reports to DWR for review and approval. 3 • Occurrence of major construction activities that are likely to affect facility performance (units out of service, diversion of flows, etc.)to include a plan of action to minimize impacts to surface waters. • Infiltration/Inflow work, if necessary. • Industrial users achieving compliance with their pretreatment permits if applicable. • Toxicity Reduction Evaluations (TRE), if necessary. Badin Park shall undertake the following activities in accordance with the indicated time schedule: Scheduled Activity Due Date Complete the design and prepare the specification May 31,2018 package for the Badin Business Park piping system upgrade Complete the construction of the Badin Business October 31,2018 Park piping system upgrade. Attain compliance with the final effluent November 31, 2018. limitations in the Permit VII. FUNDING SOURCES IDENTIFICATION: The applicant must list the sources of funds utilized to complete the work needed to bring the facility into compliance. Possible funding sources include but are not limited to loan commitments, bonds, letters of credit,block grants and cash reserves. The applicant must show that the funds are available, or can be secured in time to meet the schedule outlined as part of this application. If funding is not available at the beginning of the SOC process,the permittee must submit a copy of all funding applications to ensure that all efforts are being made to secure such funds. Badin Park will fund the planning, design, and construction of a stormwater piping system upgrade with cash reserves. Badin Park will further provide financial assurance in the form of a letter of credit or surety bond. The financial assurance will cover at least 100% of the estimated cost of completing the piping system upgrade and will be maintained for the life of the Special Order. Note: A copy of the application should be sufficient to demonstrate timeliness unless regional office has reason to request all information associated with securing funding. THE DIVISION OF WATER RESOURCES WILL NOT ACCEPT THIS APPLICATION PACKAGE UNLESS ALL OF THE APPLICABLE ITEMS ARE INCLUDED WITH THE SUBMITTAL. Required Items: a. One original and two copies of the completed and appropriately executed application form, along with all required attachments. 4 • If the SOC is for a City / Town, the person signing the SOC must be a ranking elected official or other duly authorized employee. • If the SOC is for a Corporation/ Company / Industry / Other, the person signing the SOC must be a principal executive officer of at least the level of vice- president, or his duly authorized representative. • If the SOC is for a School District, the person signing the SOC must be the Superintendent of Schools or other duly authorized employee. Note: Reference to signatory requirements in SOCs may be found in the North Carolina Administrative Code [T15A NCAC 2H .1206(a)(3)]. b. The non-refundable Special Order by Consent (SOC) processing fee of$400.00. A check must be made payable to The Department of Environment and Natural Resources. c. An evaluation report prepared by an independent consultant with expertise in wastewater. (in triplicate) APPLICANT'S CERTIFICATION: (NO MODIFICATION TO THIS CERTIFICATION IS ACCEPTABLE) I, iD.J9 tin 1,` vis$ , attest this application for a Special Order by Consent (SOC) has been ieviewed by me and is accurate and complete to the best of my knowledge. I understand if all required parts of this application are not completed and if all required supporting information and attachments are not included, this application package may be returned as incomplete. (Please be advised that the return of this application does not prevent DWR from collecting all outstanding penalties upon request). Furthermore, I attest by my signature that I fully understand that an upfront penalty, which may satisfy as a full settlement of outstanding violations, may be imposed. {Note: Reference to upfront penalties in Special Orders by Consent may be found in the North Carolina Administrative Code [T15A NCAC 211 .1206(c)(3)].} .�i Date 0-410A/ 1Z Signature of Si_ pg Offici.r CP\Dv t . vOS Printed Name of Signing Offi6a1 THE COMPLETED APPLICATION PACKAGE, INCLUDING THE ORIGINAL AND TWO COPIES OF ALL SUPPORTING INFORMATION AND MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DIVISION OF WATER RESOURCES POINT SOURCE BRANCH 1617 MAIL SERVICE CENTER 5 • , RALEIGH,NORTH CAROLINA 27699-1617 IF THIS APPLICATION IS FOR A NON-DISCHARGE SYSTEM, THEN SEND TO: NORTH CAROLINA DIVISION OF WATER QUALITY AQUIFER PROTECTION SECTION 1636 MAIL SERVICE CENTER RALEIGH,NORTH CAROLINA 27699-1636 6