HomeMy WebLinkAboutWQ0028891_Final Permit_20050601Ao� w A r�RQ�
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June 1, 2005
MR. AMt S B. FLYNN, VICE PRESIDENT OF ADMINISTRATION
LOWE'S COMPANIES, INC.
1000 LOWE'S BOULEVARD
MOORESVILLE, NORTH CAROLINA 28117
Dear Mr. Flynn:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division or Water Quality
Subject: Permit No. WQ0028891
Lowe's Companies, Inc.
Lowe's Corporate Aviation Facility
Pump and Haul
Iredell County
Jn accordance with the permit application package received on May 27, 2005 and the additional
information received on May 31, 2005, we are forwarding herewith Permit No. WQ0028891, dated June
1, 2005, for the temporary pumping and hauling of wastewater from the subject facility. This permit shall
be effective from the date of issuance until November 30, 2005; shall rescind Permit No. WQ0024650,
issued to Lowe's Companies, Inc, on December 3, 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. In particular, note that monthly reports of the pump and haul activities
are not being received by the Division of Water Quality (Division) by the fifteenth of every month as is
required by Condition No. 14. Maintaining monthly reports and then mailing the reports for several
months in at once does not meet the intent of this permit condition. It also appears as if information that
is being transmitted to the Division is not quite accurate. Specifically, according to all of the monthly
reports received thus far, including the one generated for April (i.e., the May monthly report has not been
received as of yet), the collection system extension that is to be the final disposal option for this facility
would be available this month. From this permit application package, the Division now understands that
completion of construction and final commissioning is several months away. It is imperative that this
minimal record keeping/reporting requirement be taken seriously and that the Permittee actively
communicate with the City of Statesville about the status of the final disposal option.
The initial pump and haul permit for this facility (i.e., Permit No. WQ0024650. issued on
December 3, 2004) was issued based on information that construction of the collection system extension
would begin in early December 2004 such that connection by June 2005 would be easily feasible. The
Division has now discovered that construction of the extension did not even begin until February due to
delays in acquiring easements. By the time this facility has been provided with its permanent disposal
option, the pump and haul activities will have been going on for almost a year. While the Division is
agreeing to continue approval of the activities, it does so with the qualification that the pump and haul
program was never intended to resolve errors in planning. For this reason, the Division will have
significant reservations about issuing another pump and haul permit to this facility; therefore, the
Division respectfully requests that every effort be dedicated to ensuring that construction of the collection
system extension be completed on time so that connection of this facility may occur before the November
30, 2005 permit expiration date.
1�nhCarolinu
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Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Plione (919) 733-3221 Customer Service
lnicmct: hltp://h2o.en1,state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-S77-623-6748
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Mr. Ames B. Flynn
June 1, 2005
Page 2
If any parts, requirements, or limitations contained in this permit are unacceptable to you, you
have the right to request an adjudicatory hearing upon written request within 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, 1601 Mail Service
Center, Raleigh, North Carolina 27699-1601. Unless such demands are made, this permit shall be final
and binding.
If you need any additional information concerning this matter, please contact Ms. Shannon Mohr
Thornburg by telephone at (919) 715-6167 or via e-mail at shannon.thornburg@ncmail.net.
Sincerely,
r _
ar Alan W. Klimek, P.E.
cc: Mr. Brian L. Tripp, P.E., W.K. Dickson & Co., Inc.
Mr. L.F. Hudson, Jr., City of Statesville
Iredell County Health Department
Mooresville Regional Office --Surface Water Protection Section
AFS Central Files
APS Files
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
PUMP AND HAUL 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
Lowe's Companies, Inc,
Iredell County
FOR THE
operation of a 500-gallon per day pump and haul facility to serve the Lowe's Corporate Aviation Facility
located off Airport Road West in Iredell County with no discharge of wastes to the surface waters,
pursuant to the permit application package received on May 27, 2005 and the additional information
received on May 31, 2005, 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 November 30, 2005; shall rescind
Permit No. WQ0024650, issued to Lowe's Companies, Inc. on December 3, 2004; and shall be subject to
the following specified conditions and limitations:
1. This permit shall become voidable unless the subject pump and haul activities are carried out in a
manner which has been approved by the Division of Water Quality (Division).
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
accompanied by an application fee, 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.
5. No type of wastewater other than that from Lowe's Corporate Aviation Facility shall be included in
the pump and maul activities.
6. The permit shall become voidable unless the agreement between the applicant (i.e., Lowe's
Companies, Inc.), hauler (i.c., Lentz Septic Tank Service, Inc.), and wastewater treatment facility
receiving the wastewater (i.e., the City of Statesville's Third Creek WWTP) for the collection,
transportation, and ultimate disposal of the wastewater is in full force and effect.
7. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance
conditions, the Permittee shall cease operation of all pump and haul activities and take such
immediate corrective action as may be required by the Division.
8. This pump and haul permit shall not be renewed.
9. The sewage and wastewater collected by this system shall be treated in the City of Statesville's Third
Creek Wastewater Treatment Plant (i.e., NPDES Permit No. NC0020591) prior to being discharged
into the receiving stream.
t 0. The Permittee is liable for any damages caused by a spill or failure of the pump and haul operations.
11. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to ensure proper
operation of the subject facilities.
12. The Permittee or his designee shall inspect the wastewater collection 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 keep 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 as long as the pump and haul activities are being conducted and
shall be made available upon request to the Division or other pert-nitting authority.
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 wastewater
collection facilities at any reasonable time for the purpose of determining compliance -,ith this
permit; may inspect or copy any records that must be kept under the terms and conditions of this
permit; and may obtain samples.
14. An accurate record of the monthly pump and haul activities must be maintained by the Permittee,
indicating:
a. Date wastewater is removed from the facility,
b. Name of facility from which wastewater is removed,
c. Name of facility receiving wastewater,
d. Volume of wastewater removed, and
e. Status of permanent disposal option.
These records shall be submitted to the Surface Water Protection Section of the Division's
Mooresville Regional Office at 610 East Center Avenue, Suite 301, Mooresville, NC 2$115 on or
before the fifteenth day of each month following the commencement of the pump anti haul
activities and until the activities have ended.
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-
215.6.
16. 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 (i.e_, local,
state, and federal), which have jurisdiction.
17. The Permittee shall provide for monitoring and/or inspection of the wastewater level within the
manhole from which the wastewater is to be pumped.
18. Noncompliance Notification:
The Permittee shall report by telephone to the Surface Water Protection Section of the Division's
Mooresville Regional Office, at 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 process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
b. Any failure of a pumping station, sewer line, etc. resulting in a by-pass directly to receiving
waters without treatment of all or any portion of the influent to such station or facility.
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 must outline the actions taken_ or
proposed to be taken to ensure that the problem does not recur.
19. The annual administering and compliance fee must be paid by the Permittee within 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 15 NCAC 2H .0205 (c)(4).
Permit issued this the first day of June, 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
or Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. WQ0028891