HomeMy WebLinkAboutWQ0010197_Final Permit_20111205Beverly 'caves Perdue
Governor
APA
NCDEN
North Garolkna Depailment of LEnvironment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
December 5, 2011
John Eapen — Vice President Environmental, Health & Safety
American & Efird, LLC
22 American Street
Mount Holly, NC 28120
Dear Mr. Eapen:
Dee Freemar,
Secretary
Subject: Permit No. WQ0010197
American & Efird — Mt. Holly
Wastewater Treatment Plant
Closed -Loop Recycle System
Gaston County
In accordance with your permit change of ownership request received November 10, 2011, and
subsequent additional information received November 18, 2011, we are forwarding herewith Permit No.
WQ0010197 dated December 5, 2011, to American & Efird, LLC for the continued operation of the
subject wastewater treatment and closed -loop recycle facilities. In this permit, the Permittee has been
changed from American & Efird, Inc. to American & Efird, LLC.
Please note that on August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain
Government Approvals Affecting the Development of Real Property Within the State," was enacted by
the General Assembly and signed into law. The Act, known as the Permit Extension Act of 2009, extends
the expiration date of certain government approvals and permits. In addition, Session Law 2010-177
extended the Act by another year. Permit No. WQ0010197 falls within the scope of this Act and is
therefore being extended until April 30, 2018. A renewal application must still be submitted six months
in advance of the extended expiration date.
This permit shall be effective from the date of issuance until April 30, 2018, shall void Permit No.
WQ0010197 issued May 15, 2009, and shall be subject to the conditions and limitations as specified
therein.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150E of the
North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail
Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and
binding,
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Mr. Eapen
December 5, 2011
Page 2 of 2
If you need additional information concerning this permit, please contact Chonticha McDaniel at
(919) 715-6188 or chonticha.mcdaniel@ncdenr.gov.
Sincerely,
r Coleen H. Sullins
cc: Gaston County Health Department
Mooresville Regional Office, Aquifer Protection Section
Permit File WQ0010197
Notebook File WQOO10197
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
CLOSED -LOOP RECYCLE SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
American & Efrd, LLC
Gaston County
FOR THE
continued operation of a 68,000 galion per day (GPD) wastewater treatment and closed -loop recycle
facility consisting of
a 1.0 million gallon (MG) unlined settling basin to remove solids from the existing alum floc basin, to
remove drain water, and to remove existing sand filter backwash; a pumping facility to pump the clarified
water back to the head of the water treatment plant raw water reservoir; and all associated piping, valves,
and appurtenances
to serve American & Efird — Mt. Holly WWTP, with no discharge of wastes to surface waters, pursuant to
the application received November 10, 2011, and subsequent additional information received by the
Division of Water Quality, and in conformity with the project plans, 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 April 30, 2018, shall void Pernit No.
WQ0010197 issued May 15, 2009, and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES
1. No later than six months prior to the expiration of this permit, the Pennittee shall request renewal of
this pen -nit on official Division forms. Upon receipt of the request, the Division will review the
adequacy of the facilities described therein, and if warranted, will renew the permit for such period of
time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application.
WQ0010197 Version 3.1 Sher Version 111103 Page 1 of 5
11. PERFORMANCE STANDARDS
1. The subject non -discharge facilities shall be effectively maintained and operated at all times so there
is no discharge to the surface waters, nor any contravention of groundwater or surface water
standards. in the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate
corrective actions including Division required actions, such as the construction of additional or
replacement wastewater treatment or recycle facilities.
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or
surface water resulting from the operation of this facility.
The setbacks for Treatment and/or Storage Units permitted prior to September 1, 2006 shall be as
follows (all distances in feet):
i. Surface waters:
50
ii. Any well with the exception of a Division approved groundwater monitoring well: 100
iii. Any property line: 50
4. The compliance boundary for the settling lagoon is specified by rules in 15A NCAC 02L,
Groundwater Classifications and Standards. This disposal system was individually permitted on or
after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from
the waste disposal area, or 50 feet within the property boundary, whichever is closest to the waste
disposal area. An exceedance of groundwater standards at or beyond the compliance boundary is
subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement
actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C.
5. The 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 action in accordance with 15A NCAC 02L .0106.
1�1, OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times. The facilities shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastewater
resulting from the operation of this. facility. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .1007, which at a minimum shall include operational
functions, maintenance schedules, safety measures and a spill response plan.
2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the
Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or
more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in
accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the
previously cited rules.
3. Public access to the wastewater treatment facilities closed -loop recycle system shall be controlled
4. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in
accordance with 15A NCAC 02T 1100. The Permittee shall maintain a residual management plan
pursuant to 15A NCAC 02T .1008.
5. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited.
6. freeboard in the settling lagoon shall not be less than two (2) feet at any time.
WQ0010197 Version 3.1 Shell Version 111103 Page 2 of 5
A gauge to monitor waste levels in the settling lagoon shall be provided. This gauge shall have
readily visible permanent markings indicating the following elevations: maximum liquid level at the
top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary
liquid storage volume; and the lowest point on top of the dam,
8. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e.,
outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs,
and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments.
Earthen embankment areas shall be kept mowed or otherwise controlled and accessible.
IV, MONITORING AND REPORTING RE UIREMENTS
I. Any Division required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sampling reporting schedule shall be followed.
2. per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all laboratory analyses for
the required effluent, groundwater or surface water parameters.
3. Freeboard (i.e., waste level to the lowest embankment elevation) in the settling lagoon shall be
recorded weekly. Weekly freeboard records shall be maintained at the facility for a period of no less
than five years, and shall be made available to the Division upon request.
4. A record shall be maintained of all residuals removed from this facility. This record shall be
maintained at the facility for a period of no less than five years, and shall be made available to the
Division upon request. At a minimum, this record shall include:
a. Name of the residuals hauler;
b.. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
5. Noncompliance Notification:
The Permittee shall report by telephone to the'Mooresville Regional Office, telephone number (704)
663-1699, 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 facility resulting in the treatment of significant amounts of wastes that is
abnormal in quantity or characteristic, including the known passage of a hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical., etc.), due to known or unknown reasons,
rendering the facility incapable of adequate wastewater treatment.
c. Any facility failure resulting in a by-pass directly to receiving surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five days following first knowledge of the occurrence. This report shall outline the actions taken or
proposed to be taken to ensure the problem does not recur,
WQ041019 7 Version 3.1 Shell Version 111103 Page 3 of 5
V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
wastewater treatment and recycle facilities.
2. The Permittee or their designee shall inspect the wastewater treatment and recycle facilities to prevent
malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the
release of wastes to the environment, a threat to human health or a public nuisance. The Permittee
shall maintain an inspection log that includes, at a minimum, the date and time of inspection,
observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall
maintain this inspection log for a period of five years from the date of the inspection, and this log
shall be made available to the Division upon request.
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the wastewater treatment and recycle facilities
permitted herein at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records required to be maintained under the terms and conditions of this
permit, and may collect groundwater, surface water or leachate samples.
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. This permit shall become voidable if the permitted facilities are not constructed in accordance with
the conditions of this permit, the Division approved plans and specifications, and other supporting
documentation.
I This permit is effective only with respect to the nature and volume of wastes described in the permit
application, Division approved plans and specifications, and other supporting documentation. No
variances to applicable rules governing the construction or operation of the permitted facilities are
granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T
.0105(n).
4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies
(e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules
in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4
and under the Division's General Permit NCG010000; any requirements pertaining to wetlands under
15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of
Chapter 143 of the General Statutes.
5. In the event the permitted facilities change ownership or the Permittee changes their name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate property ownership documentation and other supporting
documentation as necessary. The Permittee of record shall remain fully responsible for maintaining
and operating the facilities permitted herein until a permit is issued to the new owner.
6. The Permittee shall retain a set of Division approved plans and specifications for the life of the
facilities permitted herein.
7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority pursuant to 15A NCAC
02T .01050).
WQ0010197 Version 3.1 Shell Version 111103 Page 4 of 5
S. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110.
9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein
shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
10. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to
pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the 5"' day of December 2011
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
S;, ole . Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0010197
WQ0010197 Version 3.1 Shell Version 111103 Paue 5 of 5
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