HomeMy WebLinkAboutWQ0015274_Final Permit_20090805RrA
MCDENR
North Carolina Department at Environment and Natural Resources
Beverly Eaves Perdue
Governor
JONATHAN AND NANCY BROWN
2882 MARTHA'S CHAPEL ROAD
APEX, NC 27523
Dear Mr. and Mrs. Browu:
Division of Water Quality
Coleen H. Sullins
Director
AutTust 5. 2000
Dee Freeman
Secretary
Subject: Permit No. WQ0015274
3 onatha >ris 'Nancy Brov Y
SFR
Surface Spray Irrigation
Facility
Chat;tarn County
In accordance with your permit renewal request received May 20, 20011, we are forwarding herewith
Permit No. WQ001527- , dated _',ugrtst 5. 201-10, to Jonathan ani': Nance Brown for the continued
operation of the subject single family wastewater treatment and surface irrigation facilities located at 2882
Martha's Chapel Road, Apex, NC 27523.
This permit shall be effective from the date of issuance until July 31, 317:4, shall void Permit No.
WQ0015274 issued October 1, 2004, 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. Additionally, please pay particular attention to Condition 1.1 which
requires that you submit, within thirty 30 days of the issuance of this permit, copies of legal
documentation with the deeds of adjacent properties that indicate that a wastewater spray
irrigation site on an adjoining property is located less than 150 feet from the property lines of these
properties. Attached please find blank Setback Waiver Forms for the abutting property owners to
sign and for you to have recorded with the Chatham, County Register of Deeds. This form must be
notarized and has been formatted per the requirements of the Register of Deeds so that there are no
additional fees of $25.00 for fling a non-standard document.
Also, our records indicate that annual monitoring fees of S50 per vear for 2005, 2006, and 2007. and x+60
for 2008 and 2009 were never received in accordance to Condition V, 9 of the permit (total amount due
$270). Please submit the overdue annual fees to the address below within 30 days receipt of this letter.
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. For your convenience, a sel addressed envelope is enclosed:
i,QUIFEP. PROTECTION SECTIO"
IC -2, f:°.a Service Gente', Raleig; , North Caro ":� 2ic9
Lacati2728 Capital Eotj?evarc, Raleigh:, Norh Carolina "76'
Pi oris: 919-731 322'; t FAX t: 215-715-05t3l- FA': 2: 815-715-G74L i Customer Service: 1 -x;77 -623 -"?48
.nteme:: www.ncwateraualit .o
n Ec°,A opp rjr,s; ': fiffir?9a: yQ „c.€ic r'^ afaye
One
NorthCarolina
Aquifer Protection Section
Groundwater Protection Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
An extension shall be requested at least six (6) months prior to the expiration of this permit. Upon receipt
of the request the Commission will review the adequacy of the facility 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.
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 the 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.
Please contact Michael Rogers at (919) 715-6166 if you need additional information concerning this
matter.
Sincerely,
/& � -
�a' L'-A'
y� Coieen H. Sullins
cc: Chatham County Environmental Health Department
Raleigh Regional Office - Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files (WQ0015274)
Notebook Files
Fran McPherson — DWQ Budget Office
2
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SINGLE FAMILY RESIDENCE SURFACE IRRIGATION 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
Jonathan and Nancy Brown
Chathain County
continued operation of a 360 gallon per day (GPD) surface irrigation wastewater treatment and disposal
system consisting of a 1,000 -gallon baffled septic tank, a 360 -square foot subsurface sand filter, a tablet
chlorinator, a 2,400 -gallon storage/pump tank, a 7,389 -square foot spray irrigation area and all associated
piping and appurtenances with no discharge of wastes to the surface waters, to serve the Jonathan and
Nancy Brown residence located at 2882 Martha's Chapel Road. Apex, NC 27523, pursuant to the
application received May 20, 2009, 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 July 31, 2014, shall void Permit No.
WQ0015274 issued October 1, 2004, and shall be subject to the following specified conditions and
limitations:
L PERFORMANCE STANDARDS
Within thirty (30) calendar days of the issuance of this permit, the Permittee shall submit to the
Division copies of the legal documentation filed by the owners of the properties located to the
east and to the south of the spray irrigation field that was required by the Division to reflect the
property owners' acceptance of the field as designed and constructed. The initial issuance of
this permit (i.e., issued on June 12, 1998) approved a variance from 15A NCAC 2H
.02190)(5)(J)(i) in that construction of the held was allowed within 150 feet of these adjacent
properties. The approval of this variance was contingent upon the filing of legal documentation
with the deeds of these adjacent properties that indicated that such a variance had been granted.
This was requested again in the reissuance of the permit on October 1, 2004. However, this
was never completed. Therefore, per the requirements of 15A NCAC 2T .0606(c), submit two
copies of each of these pieces of legal documentation that shows that they have been
successfully filed with the Chatham County Registrar of Deeds to NCDENR-DWQ, Aquifer
Protection Section, 1636 Mail Service Center, Raleigh, NC 27699-1636.
2. The surface irrigation facilities shall be effectively maintained and operated at all times so that
there is no discharge to surface waters, nor any contamination of ground waters, which will
render them unsatisfactory for normal use. In the event that the facilities fail to perform
satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to
adequately assimilate the wastewater, the Permittee shall take immediate corrective actions
including those actions that may be required by the Division of Water Quality, such as the
construction of additional or replacement wastewater treatment and disposal facilities.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface or ground waters resulting from the operation of this facility.
4. The sand media of the subsurface sand filter must comply with the Division's sand
specifications.
5. A sanitary tee and filter shall be installed on the effluent pipe of the septic tank.
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. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
8. The following set -backs shall be maintained;
a. 400 feet between wetted area and any residence or places of public assembly under separate
ownership,
b. 150 feet between wetted area and property lines*,
c. 100 feet between wetted area and wells,
d. 100 Rot between wetted area and drainage ways or surface water bodies,
e. 50 feet between wetted area and public right of ways,
f. 100 feet between treatment/storage units and any wells,
g. 50 feet between treatment units and property lines, and
h. 100 feel between wetted area and swimming pools.
Some of the set -backs specified above may not have been included in previous permits for this
waste treatment and disposal system. These set -backs are not intended to prohibit or prevent
modifications, which are required by the Division, to improve performance of the existing
treatment facility. These set -backs 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 set -backs do apply to any expansion or modification of the surface irrigation areas and
apply in instances in which the sale of property would cause any of the set -backs 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.
*When the permit was originally issued on June 12, 1998, a variance was granted by the
Division for the irrigation area to be less than 150 feet from the adjoining property lines
located to the east and south.
9. The pump tank(s) shall have functional audible and visual high water alarms that are external to
any structure.
H. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Upon classification of the wastewater treatment and surface 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 roles.
3. A suitable year round vegzztatiN o, cover shall be maintained over the irrigation area.
4. Irrigation shall not be performed during inclement weather or when the ground is in a condition
that will cause runoff.
S. Adequate measures shall be taken to prevent wastewater runoff from the irrigation field.
6. The application rate shall not exceed a cumulative loading of -29. `_H" inches over any twelve (12)
month period at an instantaneous application rate not to exceed inches per hour.
7. 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.
8. No type of wastewater other than that from the Jonathan and Nancy Brawn residence shall be
snraN o6 onto the irrigation area.
9. No traffic or equipment shall be allowed on the disposal area except while installation occurs or
while normal maintenance is being performed.
10. The irrigation field shall be fenced with at least a two -strand wire fence.
11. Wastewater treatment units open to the atmosphere shall have restricted access and pump
control panels shall be locked.
12. The Permittee, is responsible for the operation and maintenance of the entire treatment and
disposal system including, but not limited to, the following items:
a. The septic tank shall be checked annually and pumped out as needed. The septic tank
effluent filter shall be checked and cleaned at the same frequency of the septic tank.
b. The tablet chlorinator shall be checked every week. Tablets designed for NSPANSI
Standard 40 (National Sanitation Foundation American National Standards institute)
certified systems must be used to provide proper chlorination. Chlorination tablets
manufactured for swimming pool use is unaccep€able.
c. The storage, pump, and alarm systems shall be inspected monthly. The scum layer shall be
removed at the same interval as the septic tank is cleaned out.
d. The system shall be inspected monthly to make certain of the proper operation of the spr. s
h;:adt s,, that the vegetative growth allows a proper spray pattern, that the soil is
assimilating the disposed treated wastewater with no surface runoff, and that no
objectionable odors are being generated.
III. MONITORING AND REPORTING REQUIREMENTS
1. 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.
2. The Permittee shall maintain records of all maintenance performed on the system and irrigation
area, as required in Condition H(12) for a minimum of five years. This information shall be
provided to the Division upon request.
3. Noncompliance Notification:
N.
V.
The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919)
791-4200, 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:
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, spray heads, etc.; or
b. Any failure of a pumping station 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.
Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at telephone number (800) 858--0368 or (919) 733-3300. Persons reporting
such occurrences by telephone shall also file a written report in letterform 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.
INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure
proper operation of the subject facilities.
2. 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 disposal site or facility 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.
GENERAL CONDITIONS
This permit shall become void 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.
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 accompanied by 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.
4. Upon the availability of a municipal or regional sewerage collection system, the subject
wastewater treatment facilities shall be abandoned and all wastewater discharged into the
municipal or regional sewerage system.
Failure to abide by the conditions and limitations contained in this permit may subj eel the
Permittee to an enforcement action by the Division in accordance with North Carolina General
Statute 143-215.6A to 143-215.6C.
6. 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.
-�
7. This permit may be revoked if the Permittee fails to abide by the conditions of the "Operation
and Maintenance Agreement" previously signed by the Permittee,
8. The Permittee shall retain a set of approved plans, specification., of the subject facility for the
life of the project.
9. The Permittee shall pay the annual administering and compliance fee within 30 days of 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 2T .0105(e)(3).
10. 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 Stn day of August, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
ajv- S ujc
i�>
en
Co eH. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0015274
State of North Carolina
Department of Environment and Natural Resources - Division of Water Quality
AGREEMENT TO WAIVE SETBACKS FOR SINGLE FAMILY RESIDENTIAL (SFR) SURFACE WASTE
IRRIGATION SYSTEMS AS REQUIRED BY 15A NCAC 2T.0606
To be notarized and recorded with the applicable county Register of Deeds (please print or type below)
Name(s) of Permit Applicant (Permittee) seeking setback wavier:
Mailing address of Permittee:
Physical address of Site, if different than above:
Permit No. (if issued):_ WQ0015274
The adjoining property owners signing below hereby grant permission for the Permittee to (check all that apply):
® Irrigate wastewater within 150' feet of the property line,
❑ Irrigate wastewater within feet of the identified residence,
I certify that I am a deeded property, owner of the property referenced below and am authorized to make decisions
regarding this property on behalf of any other deeded property owners. Furthermore, I certify that I have
read and understand this Agreement and do hereby grant permission to the Permittee to irrigate wastewater
or construct wastewater treatment units as specified herein. I further agree that I will record this waiver form on
ray property deed with the appropriate County Register of Deeds, and provide the Permittee and the Division of Water
Quality with copies of the recorded documents.
7
Property Owner Name(s)(please print):
Mailing address of Property Owner:
Physical Address of Property, if different than above:
Signature: Date:
Signature: Date:
NORTH CAROLINA,
a Notary Public for
certify that
the due execution of the foregoing instrument.
Witness my hand and official seal this the
SEAL
commission expires
SFR Setback Waiver Agreement Form 08109
COUNTY
County, North Carolina, do hereby
personally appeared before me this day and acknowledged
day of ,
Signature of Notary Public
My
OPERATION AND MAINTENANCE AGREEMENT
SINGLE FAMILY RESIDENCE SURFACE IRRIGATION SYSTEM
DIVISION OF WATER QUALITY
Property Owner(s) (as appearing on the property deed): J onott G n P. Ur -Ad (�Clr)C--/ R • Tvvvn
Mailing Address: 2 R1 t!Jc2rtlads Cin �. �d t X 14 G 2 75'2
Facility ,4ddress lif different shalt ahovc):
Formatted
. - ..... .......... ........ . .... Deleted; —
Disposal Method: /SPRAY IRRIGATION o DRIP IRRIGATION (Check One)
County: GIIC2ttOM Permit No. WGQ015Z74
I/We agree to operate and maintain the wastewater treatment system as follows:
1. The Permittee is responsible for the operation and maintenance of the entire treatment and disposal
system including, but not limited to, the following items:
a. The septic tank shall he checked annually and pumped out as needed. The effluent filter shall be
checked and cleaned at the same frequency of the septic tank.
b. The sand filter surface shall be raked and leveled every six (6) months and any vegetative growth
shall be removed by hand [accessible sand filters only].
c. Check one:
The tablet chlorinator shall be checked every week. Tablets shall be added so as to provide
proper chlorination.
o The ultraviolet disinfection unit shall be checked every week. The lamp shall be cleaned
and/or replaced to ensure proper disinfection.
d. The storage, pump, and alarm systems shall be inspected monthly. The scum layer shall be
removed at the same time interval as the septic tank is pumped out.
e. The irrigation system shall be inspected monthly to make certain of proper operation, that
vegetative growth does not interfere with the system inspection or operation, that the soil is
assimilating the disposed treated wastewater with no surface runoff, and that no objectionable
odors are being generated.
2. Failure of the Pemuttee to properly operate this system is subject to a penalty up to 525,000 per day.
3, Failure to meet the permit conditions or violation of the State's surface or groundwater regulations
will require evacuating the dwelling and may void the permit.
NOTE: All persons (owners) appearing on the legally registered property deed must sign this O&M
Agreement
I/We understand the above requiremen s and a�to these terms as part of the issued permit.
Owner(s) Signature(s): i ! t`�- Date:
Owner(s) Signature(s). o Date,'
SFR 0&M (VUSian07l07)
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