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HomeMy WebLinkAboutWQ0010453_Final Permit_20031104A7'�RQG G; Peggy Smith, Vice President - Finance Secretary & Treasurer LMDC, LLC 1.601 S. Frontage Road Plant City, FL 33563-2014 Dear Ms. Smith: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, F.E., Director Coleen H. Sullins, Deputy Director Division of Water Quality November 4, 2003 Subject: Permit No. WQ0010453 LMDC, LLC Asheville Branch Wastewater Recycle System Buncombe County In accordance with your change of ownership request received October 9, 2003, we are forwarding herewith Permit No. WQ0010453, dated November 4, 2003, to LMDC, LLC for the continued operation of the subject wastewater recycle system. This permit is to change the owner of record from Mitchell Distributing Company to LMDC, LLC. This permit shall be effective from the date of issuance until August 31, 2004, shall void Permit No. WQ0010453 issued September 27, 1999, 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 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. If you need additional information concerning this matter, please contact Sylvia Barbour at (919) 733- 5083 extension 358. Sincerely, &Awo'`� ,�Qr Alan W. Klimek, P.E. cc: Buncombe County Health Department Asheville Regional Office, Water Quality Section Technical Assistance and Certification Unit Water Quality Central Files NDPU Files Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 DENR Customer Service Center An Equal Opportunity Action Employer Internet http:A2o.enr.state.nc.us/ndpu Telephone (919)733-5083 Fax (919)715-6048 Telephone 1 800 623-7748 50% recycled/10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH 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 LMDC, LLC Buncombe County FOR THE continued operation of a 540 GPD wastewater recycle system consisting of a concrete lined sediment removal basin with inclined bottom for cleaning, a RGF Environmental Systems, Inc. Ultrasob System (consists of a aeration towner, an inclined tube coalesces, solids separator/hydrocarbon absorber, multimedia filter, storage tank and pumps) for wastewater treatment in the steam cleaning and equipment washing operation, along with all necessary piping, valves, electrical fixtures and appurtenances to serve the LMDC Asheville Branch with no discharge of wastes to the surface waters, pursuant to the change of ownership application received October 9, 2003, and any 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 August 31, 2004, shall void Permit No. WQ0010453 issued September 27, 1999, and shall be subject to the following specified conditions and limitations: 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. 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 Water Quality (Division) accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of the request will be considered on its merits and may or may not be approved. 5. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those actions that may be required by this Division, such as the construction of additional or replacement treatment or disposal facilities. 6. 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. 7. 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. 8. 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. 9. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited. 10. Any monitoring deemed necessary by the Division to insure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. 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 recycle 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 maintain 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 to the Division or other permitting authority, upon request. 13. 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 recycle system 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. 14. 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). 15. 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- 215.60. 16. 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 federal) which have jurisdiction, including but not limited 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 NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 2H .0500.20. A set of approved plans and specifications for the subject project must be retained by the Permittee for the life of this project. 17. Noncompliance Notification: The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 251- 6208, 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: 2 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 basin or tank, 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 is not in compliance with its permit limitations. Occurrences outside normal business hours may also be reported to the Division of Emergency Management at telephone number (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. 21. Upon classification of the wastewater treatment and spray 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 8G .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. 22. 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. Permit issued this the 4th day of November, 2003 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION TV Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ00.10453