HomeMy WebLinkAboutWQ0006085_Final Permit_19970530State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
May 30, 1997
Ms. Betty S. Williamson, Mayor
Town of Ocean Isle Beach
3 West Third Street
Ocean Isle Beach, North Carolina 28469
Dear Ms. Williamson.
A&14
C)EHNR
Subject: Permit No. WQ0006085
Town of Ocean Isle Beach
Wastewater Spray Irrigation
Brunswick County
In accordance with your request for a permit amendment received on February 14, 1997, in the
form of a "Petition' for a Contested Case Hearing", we are forwarding herewith a DRAFT Permit No.
WQ0006085 to the Town of Ocean Isle Beach.
The main concern outlined in your "petition" was that you could not operate in compliance with
your permit containing the condition which states "No land application of waste activities shall be
undertaken when the seasonal high water table is less than three (3) feet below the land surface." The
intent of the condition is to prohibit the spray irrigation of wastewater onto the land when the actual water
table is less than three (3) feet below the land surface, not when evidence of a seasonal high water table is
present within three (3) feet of the land surface. Please note the proposed changes in the referenced
condition (language to be deleted is ).
Please review this draft permit to see if the changes made with respect to your request are
satisfactory. If the terms and conditions of this draft permit are acceptable to the Town of Ocean Isle
Beach, please inform this office as soon as possible and the Division will proceed to issue the permit.
Once the draft permit is accepted, the Town of Ocean Isle Beach should immediately file the "Notice of
Withdrawal of Petition", a copy of which is attached. Once the "Notice of Withdrawal of Petition" has
been filed, the Division will proceed to issue a FINAL permit.
If you need additional information concerning this matter, please contact Rick Moore at (919) 733-
5083 extension 527.
Sincerely,
4re_s_tV
Awd�,Jr., P.E.
cc: Fairley, Jess and Isenberg; Miss Elva Jess
Boney and Associates; Mr. Robert Graham, P.E.
Attorney General's Office; Ms. Anita Quigless
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719
An Equal Opportunity Affirmative Action Employer 50% recyciedl 10% post -consumer paper
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DRAFTNORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
SPRAY 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
Town of Ocean Isle Beach
Brunswick County
FOR THE
continued operation of a 0.750 GPD spray irrigation treatment and disposal facility consisting of a manual
influent bar screen, dual 3 foot by 15 foot grit chambers, influent flow recorder, a 4.68 MG primary
lagoon, 2, 7.125 MG secondary lagoons, a 15,625 gas chlorination unit and chlorine contact chamber, a
0.25 MG storage basin, a dual 400 GPM pump dosing station with high water alarms and alternate power,
a recording flow recorder, a 22.5 MG lined storage lagoon, and a 110 acre spray field equipped with 666
sprinklers, each having a 56 foot radius, to serve the Town of Ocean Isle Beach, with no discharge of
wastes to the surface waters, pursuant to the application received September 13, 1996, and in conformity
with the project plan, specifications, and other supporting data subsequently filed and approved by the
Department of Environment, Health and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 31, 2001, shall void Permit
No. WQ0006085, issued January 10, 1997, and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARD
The spray 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 them 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 North Carolina Division of
Water Quality.
II.
4
5.
DRAFT
Diversion or bypassing of the untreated wastewater from the treatment facilities is
prohibited.
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 drainageways or surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 100 feet between wastewater treatment units and wells, and
g) 50 feet between wastewater 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 which 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
spray 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.
6. The subject wastewater treatment facility has been approved for a treatment capacity of 1.0
MGD. Upon the availability of additional spray irrigation fields, the Town of Ocean Isle
Beach may apply to the Division for a modification to this permit for an additional 0.25
MGD approval.
OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Upon classification of the facility by the Certification Commission, the Permittee shall
employ a certified wastewater treatment plant operator to be in responsible charge (ORC) of
the wastewater treatment facilities. The operator must hold a certificate of the type and
grade at least equivalent to or greater than the classification assigned to the wastewater
treatment facilities by the Certification Commission. The Permittee must also employ a
certified back-up operator of the appropriate type -and grade to comply with the conditions
of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at
least weekly and each Class 11, Ill, and IV facility at least daily, excluding weekends and
holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202.
3. A suitable year round vegetative cover shall be maintained.
4. Irrigation 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 spray 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 annual application rate shall not exceed 91 inches per acre. The instantaneous rate of
application shall not be such that it causes ponding or wastewater runoff. --
DRAF
8. No type of wastewater other than that from the Town of Ocean Isle Beach shall be spray
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. Freeboard in the primary lagoon, 2 secondary lagoons and the storage lagoon shall not be
less than two feet at any time.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses)
deemed necessary by the Division of Water Quality to insure surface and ground water
protection will be established and an acceptable sampling reporting schedule shall be
followed.
2. Adequate records shall be maintained by the Permittee tracking the amount of wastewater
disposed. 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, and
g. maintenance of cover crops.
3. The effluent from the subject facilities shall be monitored by the Permittee at the point prior
to irrigation every March, July and November for the following parameters:
BOD5 TSS
Fecal Coliform pH
NH3 as N
4. Three (3) copies of all operation and disposal records (as specified in condition III 2) on
Form NDAR-1 shall be submitted on or before the last day of the following month. Three
(3) copies of all effluent monitoring data (as specified in condition III 3) on Form NDMR-1
shall be submitted on or before the last day of April, August and December . All
information shall be submitted to the following address:
NC Division of Water Quality
Water Quality Section
Facility Assessment Unit
PO Box 29535
Raleigh, NC 27626-0535
IV.
5. Noncompliance Notification: DRAFT
The Permittee shall report by telephone to the Wilmington Regional Office, telephone
number (910)395-3900 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 renders 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; or
d. Any time that self -monitoring information indicates that the facility has gone out of
compliance with its permit limitations.
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.
GROUNDWATER REQUIREMENTS
1. The permittee shall, within 60 days of permit issuance, submit to the Division of Water
Quality a single, scaled map of the facility which illustrates all waste sources, including
lagoons, spray fields, and illustrated spray fall zones; the locations of all monitoring wells
and their respective surveyed Top of Well Casing Elevations; all property lines of the
facility; and any other pertinent features.
2. Monitor wells MW-1, MW-2, MW-3, MW-4, MW-5, and MW-6 shall be sampled every
March, July and November for the following parameters:
Ammonia Nitrogen pH
TOC Water Level
The measurement of water levels 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.
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.
Mob
If TOC concentrations greater than 10 mg/1 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/1, 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 (Groundwater
Quality Monitoring: Compliance Report Form) by the Groundwater Section, Permits and
Compliance Unit, P.O. Box 29578 Raleigh, N.C. 27626-0578 on or before the last
working day of the month following the sampling month.
3. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall
be provided.
4. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in
15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is
for the disposal system constructed after December 31, 1983 is established at either (1) 250
feet from the waste disposal area, or (2) 50 feet within 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)(1).
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.
5. Under rule 15A NCAC 2L .0107 (d), wells which are used for any type of water supply
are not allowed within the compliance boundary of a permitted facility. Any wells so
situated shall be properly abandoned in accordance with 15A NCAC 2C .0113.
6. No land application of waste activities shall be undertaken when the seasonal high water
table is less than three (3) feet below land surface.
V . INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities
to prevent malfunctions and deterioration, operator errors and discharges which may cause
or lead 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 Per nittee for a period �—
of three years from the date of the inspection and shall be made available upon request to
the Division of Water Quality or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division of Water Quality
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.
V I. GENERAL CONDITIONS
DRAFT
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 perrn;it request must be
submitted to the Division of Water Quality 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 of Water Quality in accordance with
North Carolina General Statute 143-215.6(a) to 143-215.6(c).
5. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
6. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the life of the project.
7. The annual administering and compliance fee must be paid by the Permittee 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) months 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.
9. The permittee shall, within 90 days of permit issuance, submit a vegetation management
plan including recommendations for year round cover crops and their harvesting schedules.
10. Once the average daily flow (yearly flow) of the facility reaches 0.5 MGD, the Town of
Ocean Isle Beach shall submit plans and specifications for the construction of additional
irrigation fields. The new fields shall be constructed and operational upon the average daily
flow (yearly flow) reaching 0.6 MGD.
Permit issued this the DAY day of MONTH, 1997.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0006085
6 -- -
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF BRUNSWICK
FILE No. 97 EHR 0191
TOWN OF OCEAN ISLE BEACH
Petitioner,
V.
DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL
MANAGEMENT
Respondent.
NOTICE OF WITHDRAWAL
OF PETITION
Petitioner hereby withdraws its petition for a contested case hearing. No further proceedings are
needed or required to resolve the contested case captioned above.
This the day of , 19
Petitioner/Authority for Petitioner
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the attached NOTICE OF WITHDRAWAL on by
having same placed in the United States Mail bearing sufficient postage for delivery by first class mail and
addressed as follows:
(Date)
Attorney General's Office
N.C. Department of Justice
P.O. Box 629
Raleigh, North Carolina 27602-0629
Petitioner/Attomey for Petitioner