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HomeMy WebLinkAboutWQ0002838_Final Permit_20060208February 8, 2006 SCOTT L. GESELL, VICE PRESIDENT ARC4BFND, LLC D.B.A. ARC COMMUNITIES 15, LLC 600 GRANT STREET, SUITE 900 DENVER, COLORADo 80203 Dear Mr. Gesell: Michael F. Easley, Governor WilliamG. Ross.lr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.L. Director Division of Water Quality Subject: Permit No. WQ0002838 Deerhurst Mobile Home Park Wastewater Surface Irrigation Wake County In accordance with your permit renewal request received March 22, 2005, we are forwarding herewith Permit No. WQ0002838 dated February 8, 2006, to ARC4BFND, LLC (d.b.a. ARC Communities 15, LLC) for the continued operation of the subject wastewater treatment and surface irrigation facilities. Throughout the last permitting cycle, the system has not been adequately maintained nor properly operated. Several maintenance issues have been corrected within the last six (6) to twelve (12) months in order to improve operation. The Division has concern with the currently permitted application rates. Inspections over the last year have often observed ponding and two occasions of off -site runoff. Conditions have been added to address several noted deficiencies and are in bold for immediate attention. There are several conditions that have compliance schedules associated with them; specifically, Conditions 1.7., I.8., I.9., I.10., U.14., and H1.2. This permit shall be effective from the date of issuance until January 31, 2011, shall void Permit No. WQ0002838 issued November 17, 2000, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the: required operational information will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must 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, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. NcabCarolina �irtt�rally Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1630 _ Phone (919) 733-3221 CustomerSrWice Internet: h2o.enr.state.ne.us 2728 Capital Boulevard Raleigh, NC 27604 FAX (919) 715-6048 1-877-623-6748 An Equal Opportunity/AffirmaOe Actson Employer — 50% Recycledl10% Post Consumer Paper WQ0002838 February 8, 2006 Page Two If you need additional information concerning this matter, please contact King. Colson at (919) 715-6165 Sincere Alan W. Klimek, P.E. cc: Wake County Health Department Raleigh Regional Office, Aquifer Protection Section Technical Assistance and Certification Unit APS Central Files LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH SURFACE IRRIGATION 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 ARC4BFND, LLC (d.b.a. ARC Communities 15, LLC} Wake County FOR THE continued operation of a 50,750 gallon per day (GPD) surface spray irrigation treatment and disposal facility consisting of approximately 15,500 linear feet of 6-inch gravity sewer, a 0.9 million gallon primary stabilization lagoon, a 1.8 million gallon polishing and storage lagoon, a tablet chlorinator, a 5,000 gallon chlorine contact tank, a single 340 GPM non -submersible irrigation pump with an audible high water alarm, a totalizing meter, a 12 acre wooded spray irrigation field, and all associated piping and appurtenances to serve Deerhurst Mobile Home Park, with no discharge of wastes to the surface waters, pursuant to the application received March 22, 2005, and subsequent additional information received by the Division, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until January 31, 2011, shall void Permit No. WQ0002838 issued November 17, 2000, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS The surface irrigation facilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contamination of ground waters, which will render thern unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including those actions that may be required by the Division of Water Quality, such as the construction of additional or replacement wastewater treatment and disposal facilities. 2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting from the operation of this facility. 3. The residuals generated from these treatment facilities must be disposed in accordance with General Statute 143-215.1 and in a manner approved by the Division. 4. The wastewater collection facilities shall be properly maintained and operated at all times. The Permittee shall maintain compliance with an individual system -wide collection system permit for the operation and maintenance of these facilities as required by 15A NCAC 2H .0227. If an individual permit is not required, the following performance criteria shall be met as provided in 15A NCAC 2H .0227: a. The sewer system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and any contravention of the groundwater standards in 15A NCAC 2L .0200 or the surface water standards in 15A NCAC 2B .0200. b. A map of the sewer system shall be developed prior to January 1, 2004 and shall be actively maintained. c. An operation and maintenance plan shall be developed and implemented. d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e. 365 days a year). Pump stations that are connected to a telemetry system shall be inspected at least once per week. e. High -priority sewer lines shall be inspected at least once per every six-month period of time. f. A general observation of the entire sewer system shall be conducted at least once per year. g. Inspection and maintenance records shall be maintained for a period of at least three years. h. Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North Carolina General Statute § 143-215.1 C. 5. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 6. The following buffers shall be maintained: a) 400 feet between wetted area and any residence or places of public assembly under separate ownership, b) 150 feet between wetted area and property lines, c) 100 feet between wetted area and wells, d) 100 feet between wetted area and drainage ways or surface water bodies, e) 50 feet between wetted area and public right of ways, f) 100 feet between treatment/storage units and any wells, and g) 50 feet between treatment units and property lines. Some of the buffers specified above may not have been included in previous permits for this waste treatment and disposal system. These buffers are not intended to prohibit or prevent modifications, which are required by the Division, to improve performance of the existing treatment facility. These buffers do, however, apply to modifications of the treatment and disposal facilities that are for the purpose of increasing the flow that is tributary to the facility. These buffers do apply to any expansion or modification of the irrigation areas and apply in instances in which the sale of property would cause any of the buffers now complied with, for the treatment and disposal facilities, to be violated. The applicant is advised that any modifications to the existing facilities will require a permit modification. 7. Within sixty (60) days of permit issuance, the disposal system shall be connected to a rain or moisture sensor that shall indicate when wastewater application is not appropriate in accordance with Condition H (4) of this permit. 8. Within sixty (60) days of permit issuance, the Permittee shall submit two original copies of a scaled topographic map (scale no greater than 1":100') signed and sealed by a Professional Engineer or a Licensed Land Surveyor that indicates all of the following information: a. the irrigation system and the spray irrigation area depicting the actual wetted area acreage as reported on Form NDAR for each irrigation zone; b. the location and 'identity of each monitoring well; c. the location of all facilities associated with the waste disposal system; d. the location of all property boundaries; e. the latitude and longitude of the established horizontal control monument; f. the relative elevation of the top of the well casing (which shall be known as the "measuring point"); and g. the depth of water below the measuring point at the time the measuring point is established. The survey shall be conducted using approved practices outlined in North Carolina General Statutes Chapter 89C and the North Carolina Administrative Code Title 21, Chapter 56. The maps and any supporting documentation shall be sent to the N.C. Division of Water Quality, Aquifer Protection Section, Land Application Unit, 1636 Mail Service Center, Raleigh, N.C. 27699-1636. 9. Within six (6) months of permit issuance, the Permittee shall conduct a survey of the depth and volume of residuals in all lagoons. The survey shall include but not be limited to a sketch showing the depth of residuals in various locations within each lagoon. If the accumulation of residuals is such that it is greater than the volume for which the lagoon is designed or reduces the lagoon's minimum treatment volume to less than the volume for which the lagoon was designed, a plan must be submitted to the Raleigh Regional Office within ninety (90) days of this determination which documents removal and waste utilization practices to be used. 10. Within twelve (12) months of permit issuance, the Permittee shall submit a wastewater management plan prepared by a Professional Engineer registered with the State of North Carolina (except as noted). This plan shall include, at a minimum, the following: a. Facilities Assessment: Describe the deficiencies and operational difficulties in the existing treatment and disposal system affecting performance and compliance. Identify the plan of action to correct the deficiencies. The evaluation shall include, at a minimum, the following: 1. CoIlection system inflow and infiltration, 2. Equipment repairs and preventative maintenance, 3. Improvements to the wastewater treatment prior to irrigation, 4. Adequacy of wet weather storage facilities; and 5. An evaluation by a Licensed Soil Scientist on the ability of the irrigation site to assimilate waste. b. Optimization Plan: Develop a plan for optimization, rehabilitation, expansion, and/or replacement of the wastewater system to achieve optimum performance. Identify specific measures and key tasks, including those in the aforementioned Facilities Assessment, and provide an estimated schedule for the completion of each key task listed. 3 All information shall be submitted to the Raleigh Regional Office at the following address: Division of Water Quality Aquifer Protection Section Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 II. OPERATION AND MAINTENANCE REQUIREMENTS I . The facilities shall be properly maintained and operated at all times. 2. Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC SG .0201. The ORC shall visit the facilities in accordance with 15A NCAC 8G .0204 or as specified in this permit and shall comply with all other conditions specified in these rules. 3. A suitable year round vegetative cover shall be maintained. Routine mowing/trimming of vegetation around the spray risers shall be performed to allow proper inspection and to allow proper distribution and absorption of treated wastewater. Open areas within the spray irrigation field (i.e., along distribution and lateral lines) and the lagoon embankments shall be maintained in a grass vegetative cover and routinely trimmed/mowed to allow proper inspection. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Care shall be taken during trimming and mowing operations to minimize the potential for rutting and compaction in the spray irrigation field. 4. hTigation shall not be performed during inclement weather or when the ground is in a condition that will cause runoff. 5. Adequate measures shall be taken to prevent wastewater runoff from the irrigation field. 6. 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. 7. The application rate shall not exceed a cumulative loading of 56.28 inches over any twelve (12) month period at an instantaneous application rate not to exceed 0.25 inches per hour. 8. No type of wastewater other than that from Deerhurst Mobile Home Park shall be irrigated onto the irrigation area. 9. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. 10. Public access to the land application sites shall be controlled during active site use. Such controls may include the posting of signs showing; the activities being conducted at each site. 11. Solids and debris shall be pumped from the contact tank and pump tank every six (6) months. Records of this activity shall be maintained in the operations log, in accordance with Condition 111.4. 12. The Permittee shall annually inform the residents of the Deerhurst Mobile Home Park of the treed to keep fats, oils, and grease out of the collection and wastewater treatment system. The Perm.ittee shall maintain records of these education efforts. 13. Freeboard in the lagoons shall not be less than two feet at any time. 4 14. If not already installed, a waste -level gauge, to monitor waste levels in the storage pond, shall be installed within 60 days of issuance of this permit. This gauge shall have readily visible permanent markings indicating the 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 top of the dam elevations. Caution must be taken not to damage the integrity of the liner when installing the gauge. 15. The chlorine tablets used in the disinfection facility shall be of the kind and type specified in the plans and specifications approved by the Division. III. MONITORING AND REPORTING REQUIREMENTS 1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed necessary by the Division to insure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. 2. Influent flow shall be continuously monitored and daily flow values shall be reported on Form NDMR, The Permittee shall install an appropriate flow measurement device consistent with approved engineering and scientific practices to ensure the accuracy and reliability of influent flow measurement. Flow measurement devices selected shall be capable of measuring flows with a maximum deviation of less than 10 percent from true flow, accurately calibrated at a minimum of once per year, and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Permittee shall keep records of flow measurement device calibration on file for a period of at least three years. At a minimum, data to be included in this documentation shall be: a. Date of flow measurement device calibration b. Name of person performing calibration c. Percent from true flow Plans and specifications for the flow measuring device shall be prepared by a licensed Professional Engineer and submitted to the appropriate regional office 30 days prior to installation. The flow measuring device shall be installed within six (6) months of the date of this permit. 3. The effluent from the subject facilities shall be monitored by the Permittee at point prior to irrigation every March, July, and November for the following parameters: BOD5 TSS Nitrate Fecal Coliform NH3 as N TKN pH Chlorine Residual (colorimetric) 4. The Permittee tracking the amount of wastewater disposed shall maintain adequate records. These records shall include, but are not necessarily limited to, the following information: a. Date of irrigation, b. Volume of wastewater irrigated, c. Field irrigated, d. Length of time field is irrigated, e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field, f. Weather conditions, g. Maintenance of cover crops, and h. Record of residual solids removal (as specified in Condition 11. 11). 5. Freeboard in the lagoons shall be recorded weekly. 6. Three (3) copies of all monitoring data [as specified in Conditions III(2) and III(3)] on Form NDMR- 1 and three (3) copies of all operation and disposal records [as specified in Conditions 111(4) and III(5)] on Form NDAR-1 shall be submitted on or before the last day of the following month. All information shall be submitted to the following address: Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 7. An amlual representative soils analysis (Standard Soil Fertility Analysis) shall be conducted on each irrigation field and the results maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidi Manganese Potassium Calcium Percent Humic Matter Sodium Copper PE Zinc Magnesium Base Saturation by calculation) Phosphorus Cation Exchange Capacity Exchangeable Sodium Percentage 8. Noncompliance Notification: The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 791- 4200, 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. Any occurrence at the wastewater treatment facility which results in the treatment of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self monitoring information indicates that the facility has gone out of compliance with its permit limitations. Occurrences outside non-nal business hours may also 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 (5) days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. CROUNDWATER REQUIREMENTS The four (4) existing monitor wells, MW-1, MW-2, MW-3, and MW-4, shall be sampled every March, July, and November for the following parameters: Water Level pH Chloride Total Dissolved Solids (TDS) Fecal Coliforms Total Organic Carbon (TOC) Nitrate (NO3) Ammonia Nitrogen Volatile Organic Compounds - In November only using one of the following: (A) Standard Method 6230D, PQL at 0.5 µg/L or less (B) Standard Method 6210D, PQL at 0.5 p.g/L or less (C) EPA Method 8021, Low Concentration, PQL at 0.5 pg/L or less (D) EPA Method 8260, Low Concentration, PQL at 0.5 p.g/L or less (E) Another method with prior approval by the Groundwater Section Chief Any method used must meet the following qualifications: (1) A laboratory must be DWQ certified to run any method used. (2) The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. (3) The method used must provided a PQL at 0.5 µg/L or less which must be supported by laboratory proficiency studies as required by the DWQ Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL at 0.5 µg/L must be qualified (estimated) and reported. The measurement of water Ievels must be made prior to sampling for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing. If any volatile organic compounds are detected by the methods listed, then the Raleigh Regional Office Groundwater Supervisor, telephone number (919) 791-4200, must be contacted immediately for further instructions regarding any additional follow-up analyses required. The results of all initial and follow-up analyses must be submitted simultaneously. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. If TOC concentrations greater than 10 mg/l are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/l, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. The results of the sampling and analysis must be received on Form GW-59 and GW59a (Groundwater Quality Monitoring: Compliance Report Form) by the Division of Water Quality, Information Processing Unit, 1617 Mail Service Center, Raleigh, N.C. 276994617 on or before the last working day of the month following the sampling month. 2. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary for the disposal system constructed prior to December 31, 1993 is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under General Statute 143-215.6A(a)(I). In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require remediation action on the part of the permittee. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS 1. Adequate inspection., maintenance, and cleaning shall be provided by the Permittee to insure proper operation of the subject facilities. 2. The Pennittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or Iead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of three years from the date of the inspection and shall be made available upon request to the Division or other permitting authority. 3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the disposal site or facility at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be maintained under the terms and conditions of this permit, and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS 1. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 4. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143- 215.6A to 143-215.6C. 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 government agencies (local, state, and feddral) which have jurisdiction, including but not Iimited to applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 2H .0500. 6. The Permittee shall retain a set of approved plans and specifications for the life of the project. T The Permittee must pay the annual administering and compliance fee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15A NCAC 2H .0205 (c)(4). 8. The Permittee, at least six (6) mouths prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Pentlit issued this t%e 8"' day of February, 2006 NORTH CAOLINA EVVfff ONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0002838 0