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HomeMy WebLinkAboutWQ0019543_Final Permit_20170816Water Resources ENVIRONMENTAL QUALITY August 16, 2017 MARK DELOSREYES — VICE PRESIDENT J.W. JONEs LUMBER COMPANY, INC. 1443 NoRTHsIDE ROAD ELIZABETH CITY, NORTH CAROLINA 27909 Dear Mr. Delosreyes: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Pennit No. W00019543 J.W. Jones Lumber Co. — Elizabeth City Closed -Loop Recycle System Pasquotank County In accordance with your permit renewal request received May 22, 2017, we are forwarding herewith Permit No. W00019543 dated August 16, 2017, to J.W. Jones Lumber Company, Inc. for the continued operation of the subject wastewater treatment and closed -loop recycle facilities. This permit shall be effective from the date of issuance until July 31, 2022, shall void Permit No. WQ0019543 issued February 27, 2008, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Section IV for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions have been removed since the last permit issuance dated February 27, 2008: ➢ Old Condition 18. — Operation of the gates to divert stormwater shall be outlined in the Operation and Maintenance Agreement. ➢ Old Condition 19. —Condition 111.1. of this permit requires an Operation and Maintenance Plan to remain at the facility at all times. ➢ Old Condition 20. —The wastewater level in the recycle basin shall be maintained in accordance with the Operation and Maintenance Plan and shall have the appropriate freeboard specified in this permit at all times. ➢ Old Condition 21. —It is not required that rainfall be monitored for this facility. ➢ Old Condition 23. — Records specified in this permit shall be maintained. <'NothingCompares'- State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6332 Mr. Mark Delosreyes August 16, 2017 Page 2 of 2 ➢ Old Condition 23.1. —The recycle basin and ditch modifications have been completed and an Engineer's Certification was received on March 12, 2004. ➢ Old Condition 24. — The hydraulic conductivity of the recycle basin shall remain consistent with the Engineering plans and specifications received by the Division. Please note the following permit conditions are new since the last permit issuance dated February 27,2008: ➢ Condition 111.2. — Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee is required to designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). ➢ Condition IV.2. — Requires Division certified laboratory to conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. ➢ Condition IV A — Requires a record to be maintained of all residuals removed from this facility. ➢ Condition IV.S. — Requires that a maintenance log be kept at the facility. ➢ Condition VI.7. — This condition requires the Permittee to maintain this permit until all permitted facilities are properly closed or permitted under another permit. ➢ Condition VI.8. — This condition notifies the Permittee that 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. ➢ Condition VI.9. — This condition notifies the Permittee that unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee: has been convicted of an environmental crime; has previously abandoned a wastewater treatment facility; has not paid a civil penalty; is non -compliant with a permit schedule; or has not paid an annual fee. 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 150B 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. If you need additional information concerning this permit, please contact Ashley Kabat at (919) 807-6348 or ashley.kabat@ncdem.gov. Sincerely, Jay Zimmerman, P.G., Director Division of Water Resources cc: Pasquotank County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY 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 J.W. Jones Lumber Company, Inc. Pasquotank County FOR THE continued operation of a wastewater treatment and closed -loop recycle facility consisting of a modified log wetting area; a modified ditch system to divert all wastewater from the log wetting area to the recycle pond when the wetting area is in use; a ditch gate system to divert stormwater to the facility's stormwater system when the log wetting area is not in use; a 396,467 gallon water supply reservoir/recycle basin; and all associated piping, valves, controls, and appurtenances to serve the J.W. Jones Lumber Co. —Elizabeth City facility, with no discharge of wastes to surface waters, pursuant to the application received May 22, 2017, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of issuance until July 31, 2022, shall void Permit No. WQ0019543 issued February 27, 2008, and shall be subject to the following specified conditions and limitations: I. SCHEDULES No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit 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. [15A NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T .0115(c)] W00019543 Version 3.0 Shell Version 151201 Page 1 of 5 H. PERFORMANCE STANDARDS 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. [15A NCAC 02T .0108(b)(1)] 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. [15A NCAC 02B .0200, 02L .0100] 3. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 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 [15A NCAC 02H .02190)] b. The setbacks for wet decking disposal areas permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Upslope ditches, drains, and surface water diversions: 10 ii. Downslope ditches, drains, and surface water diversions: 25 iii. Any well with the exception of a Division approved groundwater monitoring well: 100 iv. Public right of ways: 50 v. Any property line: 50 [15A NCAC 02H .02190)] III. 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, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T .1007] 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. [15A NCAC 02T .0117] 3. Public access to the wastewater treatment facilities and closed -loop recycle system shall be prohibited. [15A NCAC 02T .I000(a)(1)] 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. [15A NCAC 02T .1008, 02T .1100] W00019543 Version 3.0 Shell Version 151201 Page 2 of 5 5. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15ANCACO2T.0108(b)(1)] 6. Freeboard in the 396,467 gallon water supply reservoir shall not be less than one foot at anytime. [15A NCAC 02T. 1005(b)(6)] 7. A gauge to monitor waste levels in the 396,467 gallon water supply reservoir/recycle basin shall be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot increments, 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. [ 15A NCAC 02T .0108(b)(1)] 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. [15A NCAC 02T .0108(b)(1)] 9. Wastewater or stormwater collected in the recycle pond shall be used solely for wetting logs stored in the wet deck area as depicted in Figure 1 attached. [15A NCAC 02T .0108(b)(1)] 10. Adequate measures shall be taken to prevent wastewater runoff or drift from the wet deck area. [I 5A NCAC 02T .0108(b)(1)] IV. MONITORING AND REPORTING REQUIREMENTS 1. 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. [15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Freeboard (i.e., waste level to the lowest embankment elevation) in the 396,467 gallon water supply reservoir/recycle basin shall be measured to the nearest inch or tenth of a foot, and 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. [15A NCAC 02T .0108(c)] 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. [15ANCAC 02T .0108(b)(1)] WQ0019543 Version 3.0 Shell Version 151201 Page 3 of 5 5. A maintenance log shall be maintained at this facility. This log 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 log shall include: a. Visual observations of the plant and plant site; and b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0108(b)(1)] 6. Noncompliance Notification: The Permittee shall report by telephone to the Washington Regional Office, telephone number (252) 946-6481, 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. Treatment of wastes 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 betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and recycle facilities. [15A NCAC 02T .0108(b)] 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. [15A NCAC 02T .0108(b)] 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. [G.S. 143-21.5.3(a)(2)] 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. [G.S. 143-215.6A to 143-215.6C] W00019543 Version 3.0 Shell Version 151201 Page 4 of 5 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. [15A NCAC 02T .0110] 3. 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). [G.S. 143-21.5.1] 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 General Permit NCGO10000; 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. [15A NCAC 02T .0105(c)(6)] 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. [15A NCAC 02T .0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] 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. [15A NCAC 02T .01050)] 8. 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. [ 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). [15A NCAC 02T .0120] 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. [15A NCAC 02T .0105(e)(3)] Permit issued this the 16' day of August 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Jay Zimmerman, P.G., Director V Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0019543 WQ0019543 Version 3.0 Shell Version 151201 Page 5 of 5