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HomeMy WebLinkAboutNCG551345_Issuance of Permit_20180904ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director NORTH CAROLINA Environmental gttiaiity September 4, 2018 Mr. Donald M. Taylor 6506 Whitt Road Durham, NC 27712 Subject: NPDES General Permit NCG550000 Transfer of NCG551345 6506 Whitt Road Durham County Dear Mr. Taylor: The Division hereby transmits Certificate of Coverage (CoC) NCG551345, issued under NPDES General Permit NCG550000. This action is taken to show that you are now the owner of the subject facility. This CoC is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). If any parts, measurement frequencies or sampling requirements contained in the General Permit are unacceptable to you, you have the right to request an individual NPDES permit upon written request within thirty (30) days following receipt of this letter. Unless such a request is made, this transfer of the subject CoC shall be final and binding. This CoC is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the CoC. This permit does not affect the legal requirements to obtain other permits which may be required by any other Federal, state, or local government. If you have any questions concerning this matter, please contact Emily Phillips at (919) 707-3621 or via e-mail [emily.phillips@ncdenr.gov]. Sincerely, inda Jpepper, Interim Director cc: Raleigh Regional Office' NPDES Files 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 https:Hdeq.ne.govlaboutldivisions/water-resources/water-resources-permits/wastewater-branchlnpdes-wastewater-permits STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION, OF WATER RESOURCES CERTIFICATE OF COVERAGE NCG551345 Under GENERAL PERMIT NCG550000 TO DISCHARGE 100%-DOMESTIC AND SIMILAR 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, Mr. Donald M. Taylor are hereby authorized to operate a wastewater treatment facility with a discharge of < 1000 gallons per day); discharging from 6506 Whitt Road Durham Durham County to receiving waters designated as Little River [stream segment 27-2-21-(3.5)] a waterbody currently classified WS-III; HQW, NSW located within sub -basin 03-04-01 of the Neuse River Basin, in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III of General Permit NCG550000 as attached. This certificate of coverage shall become effective September 4, 2018. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day September 4, 2018. //' `rLinda Culpepper Interim Director, Division of Water Resources By Authority of the Environmental Management Commission General Permit NCG560000 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY GENERAL PERMIT NCG550000 DISCHARGE OF DOMESTIC WASTEWATER FROM SINGLE FAMILY RESIDENCES AND OTHER 100% DOMESTIC DISCHARGES WITH SIMILAR CHARACTERISTICS 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, this permit is hereby issued to all owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of treated domestic 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 August 1, 2013. This permit shall expire at midnight on July 31, 2018, Thomas A. Reeder, P.E., Acting Director Division of Water Quality By Authority of the Environmental Management Commission Page 1 of 16 Pages General Permit NCG650000 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Applicability of Coverage This permit authorizes discharges (pursuant to the conditions described in this permit) to all waters of the state unless otherwise excluded in this section. Discharges to the following waters are excluded from permit coverage and will require an individual permit to discharge: Waters classified as WSI (Water Supply I) Waters classified as HQW (High Quality Waters, excluding WS II) Waters classified as SA Waters classified as ORW (Outstanding Resource Waters) Waters located in the Randleman Lake Watershed Applicable to Treatment Systems: 1) Single Pass Filter Systems discharging less than 1000 gallons per day (applicable to existing facilities only) 2) Multi -Phase Filter Systerns (Primary & Secondary Single Pass, Recirculating Sand Filters as well as other alternative technologies that provide treatment equivalent to, or greater than, recirculating sand filters) discharging less than 1000 gallons per day Treatment system requirements for existing systems (built prior to August 1, 2007) systems: • Septic Tank • Sand or media filter component (Single Pass Filter Systems, Multi -Phase Filter Systems) • Disinfection. (All facilities adding chlorination after the August 1, 2007 will also be required to add dechlorination. If a system had chlorination before August 1, 2007, then the addition of dechlorination is not required) Treatment system requirements for new and existing systems (built after August 1, 2007): • Septic tank (with riser) • Filter media • Recirculating pump tank(s) per approved design (Multi -Phase Filter Systems only) • Primary & Secondary Single Pass Filter Systems (Multi -Phase Filter Systems only) • Filter media component per approved design • Disinfection unit (Chlorination/dechlorination, or equivalent means of disinfection), • Effluent pipe/outfall with aeration/erosion control (rip rap) For purposes of this permit, failed or failing systems that require replacement will be subject to requirements for new systems built after August 1, 2007. For purposes of this permit, systems that were constructed prior to August 1, 2007 that did not have a valid permit shall be required to get a valid permit. They will not be required to replace or upgrade systems installed prior to August 1, 2007 unless they are failing and require replacement. Page 2 of 16 Pages General Permit NCG550000 During the period beginning on August 1, 2013 and lasting until expiration, the Permittee is authorized to discharge domestic wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Sample Average Maximum Frequency a Location Flow [50050] Annually Estimate Effluent BOD, 5-Day, 20°C3[00310] 30.0 mg/1 45.0 mg/l Annually Grab Effluent Total Suspended Solids3 30.0 mg/l 45.0 mg/l Annually Grab Effluent [00530] Fecal Coliform 200/100 ml 400/100 ml Annually Grab Effluent Geometric mean 31616 Total Residual Chlorine [50060] Annually Grab Effluent Enterococci3'Sj Annually j Grab j Effluent 1. Effluent is defined as wastewater leaving the treatment system, prior to discharge into a creek or other water body. 2. The wastewater discharge flow from this facility may not in any case exceed 1000 gallons per day. 3. A North Carolina certified laboratory must perform the wastewater analysis. 4. Receiving stream chlorine levels are not to exceed 17 µg/L. The sample shall be taken from the effluent pipe, prior to discharge into a creek or other waterbody. 5. Applicable for discharges to SB and SC waters only. In SB and SC waters, the requirement for a fecal coliform sample is not required. There shall be no discharge of floating solids or foam visible in other than trace amounts. Page 3 of 16 Pages General Permit NCG550000 Permit Conditions (Operation & Maintenance) 1) The tablet chlorinator and dechlorinator [if applicable] shall be inspected weekly to ensure there is an adequate supply of tablets for continuous & proper operation. The dechlorinator unit shall be labeled "dechlorination only". 2) Treatment systems shall be maintained at all times to prevent seepage of sewage to the surface of the ground. 3) Septic tanks and secondary tank (recirculating/pump tanks) shall be inspected at least yearly to determine if solids must be removed or if other maintenance is necessary. Septic tanks shall be pumped out every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment, whichever is greater. All tanks should be emptied of their contents whenever any of the tanks meet this requirement. Effluent filters shall be inspected at least once a year, cleaned and reinstalled or replaced. Contents removed from septic tanks shall be disposed at a location and in a manner compliant with all local and state regulations. _ 4) All system components, including but not necessarily limited to, septic tanks, surface sand filters, other filter components, pump/recirculation tanks, controls and alarms, disinfection units, dechlorination apparatus, and the outfalls shall be maintained at all times and in good operating order. 5) All monitoring data shall be retained onsite for a minimum of five years and available for inspection. The permittee shall notify the Division upon receipt of a sampling or monitoring report indicating noncompliance with the permit. 6) A visual review of the outfall location shall be executed twice each year (one at the time of sampling) to ensure that no visible solids or other obvious evidence of system malfunctioning is observed. Any visible signs of a malfunctioning system shall be documented and steps taken to correct the problem. Transfer Coverage from Other Permits 7) Upon issuance of this general permit, all existing and acting certificates of coverage issued in conjunction with the NCG5700000 permits will be eligible for coverage under this permit. 8) Upon issuance of this general permit, all existing and active individual permits issued since June of 2010 for discharge of domestic wastewater from single family residences and other 100% domestic discharges with similar characteristics will be eligible for coverage under this permit. This permit does not affect the legal requirements to obtain other permits that may be required by the North Carolina Department of Natural Resources, or any other federal or local governmental permit. Page 4 of 16 Pages General Permit NCG550000 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/N4onth Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. Page 5 of 16 Pages General Permit NCG550000 ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants_ measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sg=ling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Depai-t went of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Page 6 of 16 Pages General Permit NCG550000 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly verage (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe propM damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weeks Average concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the Case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who Inioivingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and Page 7 of 16 Pages General Permit NCG550000 who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. DpM to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the'environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part H.C.S) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)], 9. Si natoly Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. Page 8 of 16 Pages