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HomeMy WebLinkAboutWQ0001231_Final Permit_20180103Water Resources ENVIRONMENTAL QUALITY January 3, 2018 CHARLES R. AND JANICE F. HUFF 943 OLD HENDERSONVILLE HWY BREVARD, NORTH CAROLINA 28712 Dear Mr. and Mrs. Huff. ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: Permit No. WQ0001231 Charlie's Sand and Gravel CLRS Closed -Loop Recycle System Transylvania County In accordance with your permit renewal request received October 6, 2017, we are forwarding herewith Permit No. W00001231 dated January 3, 2018, to Charles R. and Janice F. Huff for the continued operation of the subject wastewater treatment and closed-loop recycle facilities. This permit shall be effective from the date of issuance until December 31, 2022, shall void Permit No. WQ0001231 issued January 9, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Section IV for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions have been removed since the last permit issuance dated January 9, 2009: ➢ Old Condition I.I. —This condition has been removed. Please note the following permit conditions are new since the last permit issuance dated January 9,2009: ➢ Condition IV.5. — This condition requires that the Permittee keep a log of all maintenance performed at the facility. ➢ Condition VI.8. — This condition notifies the Permittee that 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. ➢ Condition VI.9. — This condition notifies the Permittee that unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee: has been convicted of an environmental crime; has previously abandoned a wastewater treatment facility; has not paid a civil penalty; is non-compliant with a permit schedule; or has not paid an annual fee. !'—"Nothing Comparesn� state of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919-507-6332 Mr. Charles R. Huff and Mrs. Janice F. Huff January 3, 2018 Page 2 of 2 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 Alice M. Wessner at (919) 807-6425 or alice.wessnerna ncdenr.gov. Sincerely, jLinda Culpepper, Interim Director Division of Water Resources cc: Transylvania County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files I. NORTH CAROLINA F\i/I:ZOWIBlow V\00/_V/_TH361plaII DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH CLOSED-LOOP RECYCLE SYSTEM PERMIT 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 Charles R. and Janice F. Huff Transylvania County continued operation of a wastewater treatment and closed-loop recycle facility consisting of a 300 gallon per minute (GPM) pump; a freshwater supply pond; a 10,700 gallon settling pond; a 50 foot by 45 foot by 5 foot storage pond; and all associated piping, valves, controls, and appurtenances to serve the Charlie's Sand and Gravel CLRS, with no discharge of wastes to surface waters, pursuant to the application received October 6, 2017, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until December 31, 2022, shall void Permit No. W00001231 issued January 9, 2009, and shall be subject to the following specified conditions and limitations: 1. 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(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0105(d), 02T.0106, 02T.0109] W00001231 Version 3.0 Shell Version 171103 Page 1 of 5 H. PERFORMANCE STANDARDS 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. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate 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)] 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] M. OPERATION AND MAINTENANCE REQUIREMENTS 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 minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [ 15A NCAC 02T .1007] 2. 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. [15A NCAC 02T .0117] 3. Public access to the wastewater treatment facilities and closed-loop recycle system shall be prohibited. [15A NCAC 02T .I000(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 .1100] 5. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .0108(b)(1)] 6. Freeboard in the 10,700 gallon settling pond and the 50 foot by 45 foot by 5 foot storage pond shall not be less than two feet at anytime. [15A NCAC 02T .1005(b)(6)] 7. Gauges to monitor waste levels in the 10,700 gallon settling pond and the 50 foot by 45 foot by 5 foot storage pond shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T .0108(b)(1)] 8. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] WQ0001231 Version 3.0 Shell Version 171103 Page 2 of 5 M MONTFORING AND REPORTING REOUH2EMENTS 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 Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Freeboard (i.e., waste level to the lowest embankment elevation) in the 10,700 gallon settling pond and the 50 foot by 45 foot by 5 foot storage pond shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records 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. [15A NCAC 02T .0108(c)] 4. 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. [I5A NCAC 02T .0108(b)(1)] 5. A maintenance log shall be maintained at this facility. This log 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 log shall include: a. Visual observations of the plant and plant site; and b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0108(b)(1)] 6. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296- 4500, as soon as possible, 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. 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 time self-monitoring indicates the facility has gone out of compliance with its permit limitations. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent 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 form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] W00001231 Version 3.0 Shell Version 171103 Page 3 of 5 V. 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)] 2. 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 environment, 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 terms and conditions of this permit, and may collect groundwater, surface water or leachate samples. [G.S. 143-21.5.3(a)(2)] VI. GENERAL CONDITIONS 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 143-215.60. [G.S. 143-215.6A to 143-215.6C] 2. This permit 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 permitted 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 government 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)] 5. 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 permitted 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)] W00001231 Version 3.0 Shell Version 171103 Page 4 of 5 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.01201 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 be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 3rd day of January 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ,fLinda Culpepper, Interim Director ( ' Division of Water Resources v By Authority of the Environmental Management Commission Permit Number WQ0001231 WO0001231 Version 3.0 Shell Version 171103 Page 5 of 5 LL w U Z Q d W o tf�� QOA t IAQ W d'ONi aU)�[ z� LN to to L W A dO'tOO N(J t` 7 M') 1 QU ? 00 z C'iNQO N co (D J 7 yym > m G L :: Q� a> d mv~ s w>41Q Z3�AAomoiwx3UM) d O QJ Jh J Qtq W w G w 00 O d' CO aWD N Y 13 Q C C C d C JJ > w C N O LL d' v a w to E : S N N� a .� ® - e o U N53'ma� LL. 9>Eaym.` L LL'.'IO'.'4)►�+ LL Z O 41 O J J J J 0C