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HomeMy WebLinkAboutWQ0000125_Final Permit_20150416rr A4Jf D North Carolina , r (♦ r and Natural Resources Pat McCrory Governor George McCannon — Owner Old Pressley Mine 240 Pressley Mine Road Canton, North Carolina 28716 Dear Mr. McCannon: Donald R. van der Vaart Secretary April 16, 2015 Subject: Permit No. WQ0000125 George McCarinon Old Pressley Mine — Sapphire Mine Closed -Loop Recycle System Haywood County In accordance with your permit renewal request received February 3, 2015, we are forwarding herewith Permit No. WQ0000125 dated April 16, 2015; to George McCannon (Old Pressley Mine) for the continued operation of the subject wastewater treatment and closed-loop recycle facilities. Please note that this renewed pen -nit shall become effective on August 1, 2015 (i.e. the day after the expiration date of the existing pen -nit). This permit shall be effective from August 1, 2015 until July 31, 2020, shall void Permit No. WQ0000125 issued August 30, 2006 and shall be subject to the conditions and limitations as specified therein. Please note that on September 1, 2006, North Carolina Administrative Code Title 15A Subchapter 02T — Waste not Discharged to Surface Waters was adopted. Accordingly, tlus permit incorporates the requirements of these rules; therefore, please take the time to review this permit thoroughly. The following conditions have been added, modified or deleted from those in the last permit issuance: ➢ Condition I.l. —describes the procedure for renewing the perrrut Condition 11.1. — the facilities shall be effectively maintained and operated at all times Condition III. 1. — the facilities shall be properly maintained and operated at all times Condition 111.3. — public access to the treatment facilities and recycle system is prohibited Condition IIIA. — residuals must be properly disposed of > Condition IV. 1. — any monitoring required by the Division shall be provided y Condition IV.2. — requires records to be kept of all residuals removed from the facility Y Condition IV.3. — addresses Non-compliance events and appropriate responses Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6464 \ Internet: http:l/portal.ncdenr.orq/web/wq An Equal Opportunity \ Affirmative Action Employer— Made in part with recycled paper Mr. George McCannon April 16, 2015 Page 2 of 2 ➢ Condition VI.3. — the permit applies only to the wastes described in the permit application ➢ Condition VI.4. — this permit does not exempt the permittee from other environmental laws ➢ Condition VI.S. — any change in ownership requires a modification of the permit ➢ Condition VI.7. — permit coverage must be maintained on the facility until it is closed ➢ Condition VI.8. — the permit may be revoked or modified under certain circumstances Condition VI.9. — the facilities may not be expanded if certain conditions prevail If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact David Goodrich at (919) 807-6352 or david.goodrich@ncdenr.gov. Sincerely, Z-"V- or. Jay Zimme �an, Director Division of Water Resources, NCDENR cc: Haywood County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Protection and Enforcement Branch (Electronic Copy) Central Files Digital Permit Archive (Electronic Copy) ill I� �•� �• ,. In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules and Regulations PERMISSION IS HEREBY GRANTED TO HaywoodGeorge McCannon (Old Pressley Min County continued operation of a 14,400 gallon per day (GPD) wastewater treatment and closed-loop recycle facility consisting of: a 2,000 gallon capacity supply tank, a 4,000 gallon capacity storage pond, two settling ponds (1,000 gallons each), a 40 GPM recycle pump, and all other piping and appurtenances to serve the Old Pressley Mine with no discharge of wastes to surface waters, pursuant to the application received February 3, 2015, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environ hent and Natural Resources and considered a part of this pen -nit. This permit shall be effective from August 1, 2015 until July 31, 2020, shall void Permit No. WQ0000125 issued August 30, 2006, and shall be subject to the following specified conditions and limitations: I. SCHEDULES No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(4) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0105(d), 02T.0106, 02T.0109, and 02T .0115(c)] The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to the surface waters, nor any contravention of groundwater or surface water standards. h1 the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Penmittee shall take inunediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or recycle facilities. [15A NCAC 02T .0108(b)(1)] WQ0000125 Version 3.0 Shell Version 150101 Page 1 of 4 2. This permit shall -not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [ 15A NCAC 02B .0200, 02L .0100] I' • ' ' . • 1 I • L' 5131151120 1. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan, which at a miiumum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T .1007] Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all,other conditions specified in the previously cited rules. [ i 5A NCAC 02T .0117] Public access to the wastewater treatment facilities and closed-loop recycle system shall be prohibited. [15A NCAC 02T .1000(a)(1)] 4. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .1008. [15A NCAC .02T .1008, 02T .l 100] 5. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .0108(b)(1)] 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water- protection shall be established, and an acceptable sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T.0 I 08(b)(1)] 3. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296-4500, as soon asosp sible, but in no case more than 24 hours, or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. WQ0000125 Version 3.0 Shell Version 150101 Page 2 of 4 b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. __.._ —___— d.—Any_times.elf-mouitoringsndicates___the—facility—has_gone_out__of_compliance_with__its_pei7nit limitations. Any emergency requiring immediate reporting (e.g., discharges to surface waters, inuninent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter fonn within five days following first Imowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and recycle facilities. [15A NCAC 02T .0108(b)] The Permittee or their designee shall inspect the wastewater treatment and recycle facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the envirorunent, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and recycle facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terns and conditions of this permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] VI. GENERAL, CONDI'T'IONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143- 215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This pennit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application; Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the pernitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5.1] 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional govenunent agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] WQ0000125 Version 3.0 Shell Version 150101 Page 3 of 4 5.1 In the event the permitted facilities change ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T.0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities penmitted herein. [15A NCAC 02T .0108(b)(1)] 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T .01050)] 8. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A NCAC 02T.0120] 10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall because for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 16th day of April 2015,.effective August 1, 2015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Z' o S. Ja Zimmerman, Director 3—vision of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0000125 WQ0000125 Version 3.0 Shell Version 150101 Page 4 of 4 a a d 0 0.5 1. o D71;. FIGURE 1 GEORGE MCCANNON (OILED PRESSLEY MINE) WASTEWATER RECYCLE SYSTEM HAYWOOD COUNTY WQ0000125 SITE LOCATION MAP