HomeMy WebLinkAboutWQ0006315_Final Permit_19920401Ci+w �a
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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=
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(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
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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