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HomeMy WebLinkAboutWQ0028891_Final Permit_20050601Ao� w A r�RQ� .y 0 � 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 Y17f11"111 f 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 Fax (919)715-6048 An Equal Oppodunity/Al irmative Action Employer — 50% Recycledtl0% Post Consumer Paper 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