HomeMy WebLinkAboutWQ0014451_Final Permit_20040208Michael F, Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
February S, 2004
NATHAN SIMS, VICE PRESIDENT
DALE EARNHARDT, INC.
1675 CODDLE CREEK HIGHWAY
MOORESVILLE, NC 28115
Subject: Permit No. WQ0014451
Museum and Race Facility
Wastewater Recycle System
Iredell County
Dear Mr. Sims:
In accordance with your permit request for renewal received October 31, 2003, and subsequent additional
information received, we are forwarding herewith Permit No. WQ0014451, dated February 8, 2004, to Dale
Earnhardt, Inc. for the continued operation of the subject wastewater recycle system.
This permit shall be effective from the date of issuance until January 31, 2009, shall void Permit No..
WQ0014451 issued November 17, 1997, 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 Iimitations 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 15013 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 Toni Wyche at (919) 733-5083
extension 546. A
cc: iredell County Health Department
Mooresville Regional Office, Water Quality Section
Mooresville Regional Office, Groundwater Section
Groundwater Section, Central Office
Technical Assistance and Certification Unit
Water Quality Central Files
NDPU Files
Non -Discharge Permitting Emit
1617 Mail Service Center, Raleigh, NC 27699-1617
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http:/lh2o.cnr.state.ne.us/n(lpu
Telephone (919) 733-5083 Fax (919) 715-6f)48
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
Dale Earnhardt, Inc.
Ilredell County
FOR THE
continued operation of a 50 GPD wastewater recycle system consisting of a grit trap, a 500 gallon recycle sump
tank, a Landa washwater recycle system consisting of oil/water/solids separation, a 1,000 gallon oil/water
separator, a 3,000 gallon retention tank with audible and visual high water alarms, and all necessary pumps,
piping, valves, and appurtenances to serve the Dale Earnhardt Museum and Race Facility with no discharge of
wastes to the surface waters, pursuant to the application received October 31, 2003, and 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 January 31, 2009, shall void Permit No.
WQ0014451 issued November 17, 1997, and shall be subject to the following specified conditions and
Iimitations:
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 property maintained and operated at all times.
4. The following buffers shall be maintained:
a) 100 feet between treatment/storage units and any wells,
b) 50 feet between treatment/storage units and surface waters, and
c) 50 feet between treatment/storage units and property lines.
d) 100 feet between disposal (wetted) area and wells,
e) 50 feet between disposal (wetted) area and public right of ways or 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 that 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 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
11. 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.
12. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
13. 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.
14. 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.
15. 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).
16. 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-
215.6C.
IT 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 213.0200,
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.
18. A set of approved plans and specifications for the subject project must be retained by the PenTx ittee for the
life of this project.
19. 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 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'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 (5) days following first
knowledge of the occurrence. This report trust 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 Pernnttee, at least six (6) months prior to 411E 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.
23. The surplus wastewater, contained in the 3,000 gallon retention tank, shall be disposed of by pumping it out
of the tank and transporting it to a wastewater treatment facility for treatment and disposal.
Permit issued this the §th day of February, 2004
NORTZ/CA MENVNMENTAL MANAGEMENT COMMISSION
-/-Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0014451