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HomeMy WebLinkAboutWQ0006315_Final Permit_19920401Ci+w �a 1 ••.z �y State of North Carolina Department of Environment, Health, and Natural Resources Winston-Salem Regional Office James G. Martin, Governor Margaret Plemmons For William W. Cobey, Jr., Secretary Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT April 1, 1992 Mr. James Ratchford, County Manager Watauga County P.O. Box 1 Boone, N.C. 28607 SUBJECT: Permit No. WQ0006315 Watauga County Baling & Recycling Facility, Domestic Wastewater, Watauga County Dear Mr. Ratchford: In accordance with your application received March 27 1992, we are forwarding herewith Permit No. WQ0006315, to the Watauga County Baling & Recycling Facility for the operation of a Pump and Haul activity. This permit shall be effective from the date of issuance until October 1, 1992 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 to you, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. 8025 North Point Boulevard, Suite 100, Winston-Salem, N.C. 27106-3203 • Telephone 91909QRV= a r . — AU--.- Ar:.._ r Zi (919) 996-7007 (919) 896-7005 PAX Mr. James Ratchford Page #2 April 1, 1992 If you need additional information concerning this matter, please contact Mr. James Johnston at 919/896-7007. Sincerely, Larry D. Coble Regional Supervisor cc: Watauga County Health Department Central Files Carolyn McCaskill WSRO NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH PUMP AND HAUL 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 Watauga County Baling & Recycling Facility Watauga County FOR THE operation of a 175 g.p.d. Pump and Haul activity of domestic wastewater to serve the Watauga County Baling & Recycling Facility with no discharge of wastes to the surface waters, pursuant to the application received on March 27, 1992, 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 October 1, 1992, and shall be subject to the following specified conditions and limitations: 1. This permit shall become voidable unless the subject pump and haul activities are carried out in a manner which has been approved by this Division. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. The facilities shall be properly maintained and operated at all times. 4. 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 of Environmental Management 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. 5. No type of wastewater other than that from Watauga County Baling & Recycling Facility shall be included in the pump and haul activities. 6. The permit shall become voidable unless the agreement between Watauga County Baling & Recycling Facility, High Mountain Pumping Corporation and the Town of Boone Wastewater Plant for the collection, transportation, and ultimate disposal of the domestic wastewater is in full force and effect. 7. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall cease operation of all pump and haul activities and take such immediate corrective action, as may be required by this Division. 8. The sewage and wastewater collected by this system shall be treated in the Town of Boone Wastewater Treatment Plant prior to being discharged into the receiving stream. 9. The Winston-Salem Regional Office, telephone no. (919) 896-7007 shall be notified at least forty-eight (48) hours in advance of operation of the pump and haul activities so that an in-place inspection can be made. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 10. The Permittee is liable for any damages caused by a spill or failure of the pump and haul operations. 11. Adequate inspection, maintenance and cleaning shall be provided by the Permittee to insure proper operation of the subject facilities. 12. The Permittee or his designee shall inspect the wastewater collection 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 or summary of inspections shall be maintained by the Permittee for as long as the pump and haul activities are being conducted and shall be made available upon request to the Division of Environmental Management or other permitting authority. 13. Any duly authorized officer, employee, or representative of the Division of Environmental Management may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater collection facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples. 14. An accurate record of the monthly pump and haul activities must be maintained by the Permittee, indicating. a) date wastewater is removed from the facility, b) name of facility from which wastewater is removed, C) name of facility receiving wastewater, d) volume of wastewater removed, and e) status of permanent disposal option. These records shall be submitted to the Winston-Salem Regional office on or before the fifteenth (15) day of the following month. 15. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6 16. 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. 17. The Permittee shall provide for the installation and maintenance of an audible and visual highwater alarm. 18. A leakage test shall be performed on the underground concrete storage tank and lines to insure that any exfiltration occurs at a rate which does not exceed twenty (20) gallons per twenty-four (24) hour per 1,000 gallons of tank capacity. The engineer's certification will serve as proof of compliance with this condition. 19. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the project. 20. Noncompliance Notification: The Permittee shall report by telephone to the Winston- Salem Regional Office, at telephone no. (919) 896-7007, 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 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. b. Any failure of a pumping station, sewer line, etc. resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 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. 21. Upon completion of construction and prior to operation of the subject pump and haul activities, a certification must be received from a professional engineer certifying that the permitted facilities have been installed in accordance with this permit, the approved plans and specifications. Mail the certification to the Permits and Engineering Unit, P.O. Box 27687, Raleigh, NC 27611-7687. 22. 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 15 NCAC 2H. - 0205(c)(4). Permit issued this the 1st day of April 1992. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ( A - Larry . Coble Winston --Salem Regional Supervisor By Authority of the Environmental Management Commission Permit No. WQ0006315 April 1, 1992 Permit No. WQ0006315 April 1, 1992 Engineer's Certification I , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project Project Name Location Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. Signature Date Registration No. Permit No. WQ0006314 April 1, 1992 Engineer's Certification I , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project Project Name Permittee hereby stat diligence was used in the construction was compliance and intent Signature Date Location e that, to the best of my abilities, due care and the observation of the construction such that observed to be built within substantial of the approved plans and specifications. Registration No. OfE C er LJ N.O. Dem of EHNFR MAR 2 r 1992 Winston -Salem Regional Office State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management Non -Discharge Permit Application Pump and Haul Disposal System Applicant (Corporation, name or board, individual, or others): Watauga County Print Name: James Ratchford Title: County Manager Mailing Address: P.O. Box 1, 403 West King Street, Boone, North Carolina 28607 Telephone: (704) 264-1300 I. Project (Subdivision, facility, or establishment name): Watauga Caun�v ,Baling & Recycling Facility Application Date: F brua 25, 1992 Nature of wastewater: X Domestic Commercial or Industrial Other waste: County: Watauga If wastewater is not domestic in nature, what level of pretreatment has been provided to ensure protection of the receiving waste treatment facility: Name of Wastewater Treatment Facility receiving wastewater: Town of Boone Wastewater Treatment Plant Facility Permit No.: NC -0020621 Distance to Wastewater Treatment Facility: 0.5 (miles) Wastewater Treatment Facility Operator or Contact: Oscar Hodges Telephone No.:204,) 262-4580 _ __ Pump and Haul Disposal Page 2 Volume of wastewater generated by this project: 175 GPD II. Nature of need for Pump and Haul Disposal Permit: _ Environmental Emergency (Please explain): X Other (Please explain): Domestic waste from employees Ultimate method of wastewater disposal for subject project: Discharge into Boone Wastewater Tre n Plan Date ultimate method will be available: Have all necessary permits and approvals been obtained for ultimate disposal method. Yes - Permit Na X No - Pending Permit No. Permitting Agency Permitting Agency Duration of Pump and Haul Disposal activities requested (shall not exceed six (6) months): 6 months Method of wastewater transport Transport Vehicle Volume (gallons) X Pumper Truck 1,600 _. Tanker Truck Railcar Other Owner of transport vehicle: High Mountain Pumping Service _. Contact person: Tom Fisher Telephone No.: (.704) 963-5380 _ Address: 205 Skyline Drive, Banner Elk, NC 28604__ Pump and Haul Disposal Page 3 III. Method of on-site storage: Underground concrete storage tank Volume of on-site storage facility: 1.000 gallons _ Name and complete address of Engineering Firm: Draper Aden Associates,, 2206. South Main Street Blacksbr it ini 24Q60 Telephone No.: (703) 552-0444 North Carolina Professional Engineer's Registration No.: 8568 Print Name of Engineer: William A. Aden Seal and Signature eo�,�gta�rrrra;�r ��CAR •r•Caaa•a• O FF h r•O`.7�J 51 ••• ��%� s o :Y e a M o � '+.,fair ••.....•.•'PpV��;. I, James Ratchford, County Manager (applicant), assure that this application has been reviewed by me and is accurate and true to the best of my knowledge. Environmental Compliance Corporation Contractor assumes responsibility for any clean-up operations due to any leaks, spills, or accidents resulting from these pump and haul disposal activities, and it will undertake all actions necessary to eliminate these pump and haul activities on or before the expiration date of any permit issued (see copy of contract attached). Signature: Date G 2� AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the }�' day of MAFM in the year 199?- by and between Watauga County (hereinafter called OWNER) and High Mountain. Pumping Service (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth agree as follows: ARTICLE 1. WORK 1.1 Contractor Obligations 1.1.1. CONTRACTOR agrees to pump and haul domestic waste generated by the Watauga County baling and recycling facility, provided that said domestic waste meets the waste criteria required by the Town of Boone Wastewater Treatment Plant.. 1.1.2, CONTRACTOR shall be responsible for collection and transport of said domestic waste from designated holding facilities. CONTRACTOR shall supply all equipment necessary for collection of wastewaters from a below ground tank. CONTRACTOR shall supply flow metering or other acceptable method for determining volume of wastewater collected for treatment. 1.1.3. CONTRACTOR agrees to accept full responsibility for domestic waste during loading of transport vehicles through delivery to the Town of Boone Wastewater Treatment Plant. The CONTRACTOR shall indemnify and hold harmless the OWNER from any obligation whatsoever to the domestic waste from loading through delivery. Any fines, enforcement activities or clean-up costs which result from accidental or non-accidental releases of the wastewaters to the environment from loading through delivery shall be the sole responsibility of the CONTRACTOR. CONTRACTOR agrees to sign release (Exhibit 1) prior to loading and transporting each tank. �pcta •,. , 1.1.4. CONTRACTOR agrees to load, transport, and unload domestic waste for 455 per gagerf. 1.1.5. Annually but not more frequently, CONTRACTOR shall review this contract and adjust said contract accordingly. No adjustments shall be made to the contract unless mutually agreeable by both parties. 1.1.6. The CONTRACTOR shall collect the domestic waste within 5 working days following the day notification for collection is provided by the OWNER. 1.1.7. CONTRACTOR agrees that terms of Agreement remain in effect regardless of volume of wastewaters requiring treatment. The OWNER will provide a minimum volume of 1000 gallons per collection event requested. 1.2. Owner's Obligations 1.2.1 OWNER shall design, permit and construct holding facilities for domestic waste- As part of these facilities, OWNER shall provide mutually acceptable loading areas, drained and designed to adequately handle overfill or spill problems during loading of the wastewater. OWNER shall not provide any pumping equipment or piping for loading. 1.2.2. OWNER agrees to pay CONTRACTOR net within 30 days of receipt of invoice. 1.2.3. OWNER agrees to notify CONTRACTOR no less than 5 working days before collection is required. ARTICLE Z. PERIOD OF CONTRACT Contract shall run for a period of one year from the date set forth above and shall be renewable annually upon mutually agreeable terms. ARTICLE 3. TERMINATION OF CONTRACT The obligation to provide further services under this Agreement may be terminated by either party upon 60 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party unless and except if the CONTRACTOR is placed under enforcement action at which time the OWNER may terminate agreement immediately or hold the CONTRACTOR to its obligations of Section 1.1.7. and then terminate. ARTICLE 4. MISCELLANEOUS 4.1. Insurance: Contractor shall procure and maintain insurance for protection from claims under worker's compensation acts, claims for damages of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom.. 4.2. Controlling Law: This Agreement is to be governed by the laws of the State of North Carolina. 4.3. Successors and Assigns: 4.3.1 OWNER and CONTRACTOR each is hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and CONTRACTOR are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 4.3.2 Neither OWNER nor CONTRACTOR shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent CONTRACTOR from employing such independent professional associates and consultants as CONTRACTOR may deem appropriate to assist in the performance of services hereunder. 4.3.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 4.3.2 Neither OWNER nor CONTRACTOR shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent CONTRACTOR from employing such independent professional associates and consultants as CONTRACTOR may deem appropriate to assist in the performance of services hereunder. 4.3.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 10 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. This Agreement will be effective on MARCH 24 4h , 193&—. Watauga Co Corporate Seal Attest: Address for giving notices (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) CONTRACTOR: Corporate Seal Attest: Address for giving notices License No. Agent for service to process 7-, (If CONTRACTOR is a corporation, attach evidence of authority to sign.) EXHIBIT 1 AGREEMENT BETWEEN WATAUGA COUNTY AND HIGH MOUNTAIN PUMPING SERVICE Release of Obligations to Domestic Waste The High Mountain Pumping Service as represented by on , do Name of Transporter Date hereby release Watauga County from further obligations to the collection, transport and treatment of the wastewaters being collected this day. Said wastewater are further described as: (include approximate volumes as available.) Any and all costs that could henceforth be incurred from the accidental or non-accidental release of the wastewaters to the environment become the sole obligation of the High Mountain Pumping Service, its agents, representatives, or others. Signed this By Print Name Signature day of , 1992 Witnessed By (preferably Watauga County Personnel) Print Name Signature