HomeMy WebLinkAboutWQ0031857_Final Permit_20170816Water Resources
ENVIRONMENTAL QUALITY
August 16, 2017
DAVID E. KELLY — TOWN MANAGER
TOWN OF OAK ISLAND
4601 EAST OAK ISLAND DRIVE
OAK ISLAND, NORTH CAROLINA 28465-5211
Dear Mr. Kelly:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZBIMERMAN
Director
Subject: Permit No. WQ0031857
Oak Island Satellite WRF
Reclaimed Water Generation
Conjunctive Utilization, Bulk
Distribution, and High -Rate
Infiltration System
Brunswick County
In accordance with your permit renewal request received November 2, 2016, and subsequent
additional information received March 6, 2017 and May 24, 2017, we are forwarding herewith Permit No.
WQ0031857 dated August 16, 2017, to the Town of Oak Island for the continued operation of the subject
reclaimed water generation, conjunctive utilization, bulk distribution, and high -rate infiltration system.
This permit shall be effective from the date of issuance until July 31, 2022, shall void Permit No.
W00031857 issued February 16, 2015, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements listed in Attachments A, B, C, and
D 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 16, 2015:
➢ Old Conditions I.1., I.2, I.3., I.4., I.5, I.6., I.7., IV.13., and IV.14. — These are no longer
relevant as facility construction has been completed and the facility is operational.
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.
-- 'Nothing Compares
State of North Carolina I Environmental Quality I Water Resources I Water Quality Perraitting I Non -Discharge Permitting
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-807-6332
Mr. David E. Kelly
August 16, 2017
Page 2 of 2
If you need additional information concerning this permit, please contact David Goodrich at (919)
807-6352 or david.goodrich(a ncdenr.gov.
Sincerely,
a.-S. Jay Zimmerman, P.G., Director
Division of Water Resources
cc: Brunswick County Health Department (Electronic Copy)
Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
RECLAIMED WATER GENERATION, CONJUNCTIVE UTILIZATION, BULK
DISTRIBUTION, AND HIGH -RATE INFILTRATION 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
Town of Oak Island
Brunswick County
FOR THE
operation of a 400,000 gallon per day (GPD) reclaimed water generation, conjunctive utilization, bulk
distribution, and high -rate infiltration system consisting of the:
continued operation of a reclaimed water generation system consisting of: an influent pump station with
dual 300 gallon per minute (GPM) submersible pumps; a fine screen; two 10,500 gallon anoxic tanks with
two 2.3 horsepower (hp) submersible mixers; two 42,000 gallon aeration tanks each with a fine bubble
diffuser system and served by two 289 cubic feet per minute (CFM) blowers and two 105 GPM wasting
pumps; two 5, 420 gallon membrane tanks each with one 265 CFM air scour blower and one 417 GPM
membrane feed pump; three racks of membrane modules with 16 modules per rack; a chemical metering
system for membrane cleaning; two 150 GPM filtrate pumps with dual in -line turbidity meters; a sodium
hypochlorite disinfection system with two chlorine metering pumps; one 131,000 gallon effluent storage
tank; an effluent pump station with dual 300 GPM effluent pumps; one 75,000 gallon elevated storage and
distribution tank; 2,200 feet of 4-inch PVC sludge force main; approximately 8,500 linear feet of 8-inch
PVC reclaimed pipeline; an automatic sampler; a chlorine analyzer; an effluent flow meter; and all piping,
valves, controls, and appurtenances; the
continued operation of a conjunctive utilization system consisting of: a 2.71 acre spray utilization area
consisting of five zones with a total of 122 nozzles each rated at 3.2 GPM to serve the Oak Island Recreation
Fields; and all piping, valves, controls, and appurtenances; the
continued operation of a bulk distribution system consisting of a single hose connection housed in a locked
below grade vault box located at the Oak Island Recreation Fields; and all piping,_ valves, controls,- and
appurtenances; and the
continued operation of a high -rate infiltration system consisting of a 0.53 acre high -rate infiltration basin
with a loading rate of 8.45 gallons per day per square foot (GPD/ftt); a 0.39 acre high -rate infiltration basin
with a loading rate of 5.19 GPD/ft�; a groundwater lowering system with nine wells each with a 30 GPM
pump, and located at least 200 feet from the high-water level of the basins; and all associated piping, valves,
controls, and appurtenances
W00031857 Version 2.0 Shell Version 151201 Page 1 of 13
I.
to serve the Oak Island Satellite WRF, with no discharge of wastes to surface waters, pursuant to the
application received November 2, 2016, and subsequent additional information received by the Division of
Water Resources, 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.
Please note that Alternative Design Criteria have been approved for this facility in accordance with 15A
NCAC 02T .0105(n). The following administrative codes have been approved for alternative design
criteria:
➢ 15A NCAC 02T .0705(c) — All treatment/storage lagoons/ponds shall have at least two feet of
freeboard.
➢ 15A NCAC 02T .0705(1) — A water -tight seal on all treatment/storage units or minimum of two feet
protection from 100-year flood shall be provided.
This permit shall be effective from the date of issuance until July 31, 2022, shall void Permit No.
W00031857 issued February 16, 2015, and shall be subject to the following specified conditions and
limitations:
1. 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, and 02T .01159c) & 15A NCAC 02U .0106, 02U
.0109]
H. PERFORMANCE STANDARDS
1. The subject reclaimed water and high -rate infiltration facilities shall be effectively maintained and
operated at all times so there is no discharge to surface waters, nor any contravention of groundwater
or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation
of nuisance conditions due to improper operation and maintenance, failure of the utilization areas to
adequately assimilate the reclaimed water, or failure of the infiltration areas to adequately assimilate
the effluent, the Permittee shall take immediate corrective actions including Division required actions,
such as the construction of additional or replacement reclaimed water generation facilities, additional
or replacement reclaimed water generation facilities, additional or replacement reclaimed water
utilization facilities or cessation of reclaimed water utilization activities, or construction of additional
or replacement infiltration facilities. [G.S. 143-215.1, 143-213.3(a)]
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. Effluent quality shall not exceed the limitations specified in Attachment A. [ 15A NCAC 02T .0705(b),
02U .0300]
4. Application rates for the high -rate infiltration basins, whether hydraulic, nutrient or other pollutant,
shall not exceed those specified in Attachment B. [15A NCAC 02T .0705(m)]
5. Reclaimed water may only be utilized at the sites listed in Attachment B. [G.S. 143-215.1]
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6. Reclaimed water distributed through bulk fill stations may only be utilized for the purposes listed in
AttachmentD. [G.S.143-215.1]
7. The following shall be requirements for the reclaimed water distribution, storage, and utilization
facilities:
a. All reclaimed water valves, storage facilities and outlets shall be tagged or labeled to warn the
public or employees that reclaimed water is not intended for drinking. Where appropriate, such
warning shall inform the public or employees to avoid contact with reclaimed water.
b. All reclaimed water piping, valves, outlets, and other appurtenances shall be color -coded, taped or
otherwise marked to identify the source of the water as being reclaimed water.
i. All reclaimed water piping and appurtenances shall be either colored purple (i.e., Pantone 522)
and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER — DO
NOT DRINK" or be installed with a purple (i.e., Pantone 522) identification tape or
polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and
repeated every three feet or less.
ii. Identification tape shall be at least three inches wide and have white or black lettering on purple
(i.e., Pantone 522) field stating "CAUTION: RECLAIMED WATER — DO NOT DRINK."
Identification tape shall be installed on reclaimed water pipelines in a visible manner, fastened
at least every 10 feet to each pipe length and run continuously the entire length of the pipe.
iii. Existing underground distribution systems retrofitted for the purpose of distributing reclaimed
water shall be taped or otherwise identified as noted above. This identification need not extend
the entire length of the distribution system, but shall be incorporated within 10 feet of crossing
any potable water supply line or sanitary sewer line.
c. All reclaimed water valves and outlets shall be of a type, or secured in a manner, that permits
operation by authorized personnel only.
d. Hose bibs shall be located in locked, below grade vaults that shall be labeled as being of non -
potable quality. As an alternative to the use of locked vaults with standard hose bib services, other
locking mechanisms such as hose bibs which can only be operated by a tool may be placed above
ground and labeled as non -potable water.
[15A NCAC 02U .04031
8. No direct cross -connections shall be allowed between reclaimed water and potable water systems,
unless such connection has been approved by the Department pursuant to 15A NCAC 18C .0406. [15A
NCAC 02U .0403(f)]
9. Reclaimed water distribution lines shall be located at least 10 feet horizontally from and 18 inches
below any water line where practicable. Where these separation distances cannot be met, the piping
and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C.
[15ANCAC 02U .0403(h)]
10. Reclaimed water distribution lines shall not be less than 100 feet from a well unless the piping and
integrity testing procedures meet water main standards in accordance with 15A NCAC 18C, but in no
case shall they be less than 25 feet from a private well or 50 feet from a public well. [15A NCAC 02U
.0403(i)]
11. Reclaimed water distribution lines shall be located at least two feet horizontally from and 18 inches
above any sewer line where practicable. Where these separation distances cannot be met, the piping
and integrity testing procedures shall meet water main standards in accordance with 15A NCAC 18C.
[15A NCAC 02U .04030)]
12. The compliance and review boundaries are established at the utilization area boundaries. Any
exceedance of standards at the compliance or review boundary shall require action in accordance with
15A NCAC 02L .0106. [15A NCAC 02U .0501(a)(6)]
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13. This high -rate infiltration system was individually permitted on or after December 30, 1983; therefore,
the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet
within the property boundary, whichever is closest to the effluent disposal area. An exceedance of
groundwater standards at or beyond the compliance boundary is subject to remediation action according
to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina
General Statute 143-215.6A through 143-215.6C. [15A NCAC 02L .0106(d)(2), 02L .0107(b)]
14. hi accordance with 15A NCAC 02L .0108, the review boundary is established midway between the
compliance boundary and the high -rate effluent disposal area. Any exceedance of groundwater
standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A
NCAC 02L .0106, 02L .0108]
15. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)]
16. No wells, excluding Division approved monitoring wells, shall be constructed within the compliance
boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107(d)]
17. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is
not the Permittee and owns land within the high -rate infiltration basins' compliance boundary shall
execute and file with the Brunswick County Register of Deeds an easement running with the land
containing the following items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary
for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
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18. The facilities permitted herein shall be constructed according to the following setbacks:
a. The setbacks for reclaimed utilization sites shall be as follows (all distances in feet):
i. Surface waters not classified SA:
25
ii. Surface waters classified SA:
100
iii. Any well with exception to monitoring wells:
100
[15A NCAC 02U .0701]
b. The setbacks for treatment units shall be as follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership:
100
ii. Any private or public water supply source:
100
iii. Surface waters:
50
iv. Any well with exception of monitoring wells: 100
v. Any property line: 50
[15A NCAC 02U .0701]
c. The setbacks for high -rate infiltration sites permitted under 15A NCAC 02T .0700 shall be as
follows (all distances in feet):
i.
Any habitable residence or place of public assembly under separate ownership:
1001
ii.
Any habitable residence or place of public assembly owned by the Pennittee:
501
iii.
Any private or public water supply source:
100
iv.
Surface waters:
200
v.
Groundwater lowering ditches:
200
vi.
Surface water diversions:
50
vii.
Any well with exception of monitoring wells:
100
viii.
Any property line:
50
ix.
Top of slope of embankments or cuts of two feet or more in vertical height:
100
x.
Any water line from a disposal system:
10
xi.
Subsurface groundwater lowering drainage systems:
200
xii.
Any swimming pool:
100
xiii.
Public right of way:
50
xiv.
Nitrification field:
20
xv.
Any building foundation or basement:
15
Setbacks to habitable residences and places of public assembly under separated ownership and
owned by the Permittee have been reduced to 100 and 50 feet, respectively, and setbacks to
property lines have been reduced to 50 feet due to the Permittee's compliance with the High -
Rate Infiltration System Design Policy dated October 27, 2006.
[15A NCAC 02T .0706(a)]
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M. OPERATION AND MAINTENANCE REQUIREMENTS
1. The reclaimed water generation and utilization facilities, and high -rate infiltration facilities shall be
properly maintained and operated at all times. The facilities shall be effectively maintained and
operated as a reclaimed water system to prevent the discharge of any reclaimed water or partially treated
effluent resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)]
2. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include
the following:
a. Description of the system in sufficient detail to show what operations are necessary for the system
to function and by whom the functions will be conducted;
b. A map of all distribution lines and record drawings of all utilization systems under the Permittee's
control;
c. Description of anticipated maintenance activities;
d. Include provisions for safety measures including restriction of access to sites and equipment; and
e. Spill control provisions including response to upsets and bypasses including control, containment,
remediation, and contact information for plant personnel, emergency responders and regulatory
agencies.
f. For bulk fill operations, the Permittee shall develop an operation and maintenance plan for bulk
distribution activities which includes but is not limited to the following:
i. Description of operation;
ii. Description of anticipated maintenance;
iii. Safety measures, including site restrictions;
iv. Spill prevention and spill response plan;
v. Contact information for plan personnel, emergency responders, and regulatory agencies;
vi. Approval procedures of users;
vii. Operational requirements for users; and
viii.If reclaimed water is to be stored for greater than 72 hours prior to use, included a description
of how compliance with reclaimed water quality standards will be ensured the time of use.
[15A NCAC 02T .0707, 02U .0801]
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, 02U .0117]
4. An operator certified by the Water Pollution Control System Operators Certification Commission
(WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours
per day. [15A NCAC 02U .0401(e), 02U .0402(i)]
5. A suitable year round vegetative cover shall be maintained on irrigation sites at all times, such that crop
health is optimized, allows for even distribution of reclaimed water, and allows inspection of the
irrigation system. [15A NCAC 02T .0108(b)(1)]
6. Adequate measures shall be taken to prevent reclaimed water ponding in or runoff from the irrigation
sites. [15A NCAC 02T .0108(b)(1)]
7. Irrigation at the Oak Island Recreation Fields shall not be performed during inclement weather or when
the ground is in a condition that will cause pending or runoff. [ 15A NCAC 02T .0108(b)(1)]
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8. The turbidimeter shall be tested and calibrated at a minimum of once per year. Calibration 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(b)(1)]
9. Only effluent generated at the Oak Island Satellite WRF shall be utilized, distributed, and/or infiltrated
in accordance with this permit. [G.S. 143-215.1]
10. No automobiles or machinery shall be allowed on the infiltration sites except during equipment
installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)]
11. An automatically activated standby power source or other means to prevent improperly treated
wastewater from entering the storage, distribution, or utilization system shall be provided. [ 15A NCAC
02U .0401(d)]
12. Public access to the reclaimed water generation facilities shall be prohibited. [15A NCAC 02U
.0402(f)]
13. Public access to the infiltration sites shall be prohibited. [15A NCAC 02T.0705(p)]
14. Public access to the reclaimed water utilization sites shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each site. [15A
NCAC 02U .0501]
15. A water -tight seal on all treatment/storage units or minimum of two feet protection from the 100-year
flood plain elevation shall be provided. [15A NCAC 02U .0402(1)] — A variance to this
administrative code has been granted under the Alternative Design Criteria requirements in 15A
NCAC 02T .0105(n).
16. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is
prohibited unless diverted to an alternate treatment or collection system. [15A NCAC 02T .0108(b)(1)]
17. Freeboard in the two high -rate infiltration basins shall not be less than one foot at any time. [15A
NCAC 02T .0705(c)] —A variance to the two foot freeboard requirement has been granted under
the Alternative Design Criteria requirements in 15A NCAC 02T .0105(n).
18. Gauges to monitor waste levels in the two high -rate infiltration basins shall be provided. These gauges
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)]
19. 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)]
20. All effluent shall be routed to the West Brunswick Regional WRF (Permit No. WQ0023693) should
the limit for fecal coliform (e.g., daily maximum concentration of 25 colonies per 100 mL) or turbidity
(e.g., instantaneous maximum of 10 NTU) be exceeded, until the problems associated with the
wastewater treatment plant have been corrected. [15A NCAC 02U .0402(e)]
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21. The Permittee shall develop and implement an education program to inform users (including
employees) about the proper use of reclaimed water. Educational material shall be provided to all
residents and/or other facilities provided with reclaimed water, and these materials shall be maintained
consistent with the reclaimed water uses. All educational materials shall be made available to the
Division upon request. [15A NCAC 02U .0501(a)(4)]
22. The Permittee shall provide notification to the public and/or employees about the use of reclaimed
water, and that reclaimed water is not intended for drinking. Such notification shall be provided to
employees in a language they can understand. [15A NCAC 02U .0501]
23. 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 02U .0802. [15A NCAC 02T. 1100, 02U .0802]
24. Reclaimed water used for activities other than land application shall not be used in a manner that causes
exposure to aerosols. [15A NCAC 02U .0501(b)(6)]
25. Reclaimed water shall not be used for swimming pools, hot tubs, spas, or similar uses. [15A NCAC
02U .0501(d)]
26. Reclaimed water shall not be used for direct reuse as a potable water supply. [15A NCAC 02U
.0501(e)]
27. The infiltration basins shall be periodically dredged to remove deposited materials that may impede the
infiltration process. Cleaning records shall be maintained for a period of no less than five years and
shall be made available upon request. The Wilmington Regional Office, telephone number (910) 798-
7215, shall be notified prior to each cleaning. [15A NCAC 02T .0108(b)(1)]
28. Bulk distribution operations shall meet the following:
a. The Permittee shall approve tank truck drivers for participation in the bulk reclaimed water
distribution program prior to distribution of reclaimed water. In addition, the Permittee shall
provide bilingual (English and Spanish) training to all tank truck drivers approved to participate in
the bulk reclaimed water distribution program at a regular frequency. These sessions shall provide
training on, but not limited to, the following topics:
i. Reclaimed water description and safety;
ii. Allowable and prohibited uses of reclaimed water;
iii. Procedures for the application (including buffer maintenance), uses, and storage of reclaimed
water as well as the disposal of unused reclaimed water;
iv. Procedures for spill prevention, countermeasures, and control as well as notification
requirements;
v. Personal safety and hygiene issues; and
vi. Interaction with the general public.
b. Tank trucks used to transport reclaimed water shall meet the following requirements:
i. Tank trucks and other equipment used to distribute reclaimed water shall be clearly identified
with advisory signs. Signage may include but is not limited to "CAUTION: RECLAIMED
WATER — DO NOT DRINK", "NON -POTABLE WATER", or a combination of similar
phrases.
ii. Tank trucks used to transport reclaimed water shall not be used to transport potable water that
is used for drinking or other potable purposes.
iii. Tank trucks used to transport reclaimed water shall not be filled through on -board piping or
removable hoses that may subsequently be used to fill tanks with water from a potable water
supply. Tank trucks owned and operated by the Permittee and dedicated to be filled by
reclaimed water only may be filled through on -board piping.
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i=
iv. Tank trucks shall not have been used to haul septage, biosolids, or other waste or chemical
transport.
v. Tanks trucks shall not have any type of removable container or portable bladder except if the
tank/bladder is permanently labeled for reclaimed water use only and a letter from the truck
owner is submitted to the Permittee indicating that in no case shall any removable container or
portable bladder be used for both reclaimed and potable water at any time.
[15A NCAC 02U .0601]
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. Flow through the reclaimed water generating facility shall be continuously monitored, and daily flow
values shall be reported on Form NDMR.
The Permittee shall install and maintain an appropriate flow measurement device to ensure the accuracy
and reliability of flow measurement consistent with accepted engineering and scientific practices.
Selected flow measurement devices shall be capable of measuring flows with a maximum deviation of
less than ten percent from true flow; accurately calibrated at a minimum of once per year; and
maintained to ensure the accuracy of measurements is consistent with the selected device's accepted
capability. The Permittee shall maintain records of flow measurement device calibration on file for a
period of at least five years. At a minimum, documentation shall include:
a. Date of flow measurement device calibration,
b. Name of person performing calibration, and
c. Percent from true flow.
[15A NCAC 02T .0105(k)]
4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for
the parameters specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Permittee shall maintain adequate records tracking the amount of reclaimed water distributed to
each user and shall include the following information:
a. Date of reclaimed water distributed; and
b. Volume of reclaimed water distributed to each approved offsite user facility (monthly total).
Monthly tracking records for all users shall be summed and reported on Form NDMR (see Attachment
A) under parameter WQOI (Flow, Reclaimed Water Distributed). This value shall represent the total
volume of reclaimed water distributed to all users for that month. [15A NCAC 02T .0108(c)]
6. The Permittee shall maintain adequate records for the bulk reclaimed water distribution program.
Records shall be maintained for a minimum of five years. These records shall include, but are not
necessarily limited to, the following information:
a. Date and time of bulk distribution event,
b. Name of receiver or town -issued bulk fill certification number,
c. Intended use of the bulk reclaimed water,
d. Number of gallons provided at each bulk distribution event, and
e. Total volume of bulk reclaimed water distributed each month.
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7. The Permittee shall maintain adequate records tracking the amount of effluent infiltrated. At a
minimum, these records shall include the following information for each infiltration basin listed in
Attachment B:
a. Date of infiltration;
b. Volume of effluent infiltrated;
c. Site infiltrated;
d. Loading rates to each infiltration site listed in Attachment B; and
e. Weather conditions.
[ 15A NCAC 02T .0I08(c)]
8. Freeboard (i.e., waste level to the lowest embankment elevation) in the two high -rate infiltration basins
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)]
9. 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.
[15A NCAC 02T .0108(c)]
10. 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 treatment plant and plant site;
b. Date of calibration of flow measurement device(s);
c. Date of calibration of turbidimeter;
d. Record of preventative maintenance (e.g., changing/adjusting of equipment, pump and valve
maintenance, cross connection control, testing, inspections and cleanings, etc.; and
e. Record of all unpermitted releases of reclaimed water to surface water or land surface including
date of occurrence, estimated volume of release, cause, and corrective action taken.
[15A NCAC 02T .0108(b)(1)]
11. The Permittee shall develop and maintain a routine review and inspection program for offsite users of
reclaimed water. A log documenting user inspections shall be maintained for a minimum of five years,
and shall be made available to the Division upon request. At a minimum, this log shall include:
a. Visual observations of the reclaimed water user sites; and
b. Record of preventative maintenance (e.g., pump and valve maintenance, cross connection control,
etc.).
[15A NCAC 02T .0108(b)(1)]
12. Monitoring wells MW-1, MW-2, and MW-3 shall be sampled at the frequencies and for the parameters
specified in Attachment C. All manning, well construction forms well abandonment forms and
monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment
C and Figure 1. [ 15A NCAC 02T .0105(m)]
W00031857 Version 2.0 Shell Version 151201 Page 10 of 13
13. Three copies of all effluent monitoring data and reclaimed water distribution data (as specified in
Conditions IV.3., IVA., IV.S, and IV.6.) shall be submitted on Form NDMR for each PPI listed in
Attachment A. Reporting forms shall be submitted on or before the last day of the following month.
If no reclaimed water distribution activities occurred during the monitoring month, monitoring reports
documenting the absence of the activity are still required to be submitted. All effluent monitoring data
shall be submitted to the following address: Division of Water Resources, Information Processing Unit,
1617 Mail Service Center, Raleigh, North Carolina, 27699-1617. [15A NCAC 02T .0105(1)]
14. Pursuant to § 143-215.IC., the Permittee shall provide to its users and the Division of Water Resources
an annual report summarizing the performance of the wastewater treatment and infiltration facility and
the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules
related to the protection of water quality. This report shall be prepared on either a calendar or fiscal
year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two
copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water
Resources, Water Quality Permitting Section, 1617 Mail Service Center, Raleigh, North Carolina
27699-1617. [15A NCAC 02U .1401(f)]
15. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)
796-7215, 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 failure resulting in a discharge of reclaimed water directly to surface waters or any unpermitted
release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpermitted
releases less than 5,000 gallons to land surface shall be documented by the Permittee in accordance
with Condition IV.8.e. but do not require Regional Office notification.
d. Any time self -monitoring indicates the facilities permitted herein have gone out of compliance with
the limitations contained in this permit.
e. Ponding in or runoff from the reclaimed water utilization sites.
f. Effluent breakout from the infiltration basins.
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 .0108(b)(1)]
WQ0031857 Version2.0 Shell Version 151201 Page 11 of 13
V.
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
reclaimed water generation, distribution, utilization and infiltration facilities. [15A NCAC 02T
.0108(b)]
2. The Permittee or their designee shall inspect the reclaimed water generation, distribution, utilization
and infiltration facilities to prevent malfunction, 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)]
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the reclaimed water generation, distribution, utilization
and infiltration 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.
143-215.1]
4. The Permittee shall inspect the utilization sites of all reclaimed water users who obtain more than
10,000 gallons per day of bulk distributed reclaimed water. Permittee inspection of these bulk
distribution reclaimed water utilization sites does not need to exceed one inspection per quarter. The
Permittee shall maintain records of these inspections for at least five years, and shall make them
available to the Division upon request. [15A NCAC 02T .0108(b)]
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]
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. 142-215.1]
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 the Division's General Permit NCGO10000; any requirements pertaining to wetlands under 15A
NCAC 02B .0200 and 02H .0500; National Pollutant Discharge Elimination System (NPDES)
requirements under 15A NCAC 02H .0100, and documentation of compliance with Article 21 Part 6
of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(cx6)]
WQ0031857 Version 2.0 Shell Version 151201 Page 12 of 13
5. In the event the permitted facilities change ownership or the Permittee changes their name, a written
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. [15ANCAC 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 161 day of August 2017
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Jay Zimmerman, P.G., Directo
Ki
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0031857
WO0031857 Version 2.0 Shell Version 151201 Page 13 of 13
THIS PAGE BLANK
ATTACHMENT A - LIMITATIONS AND MONITORING REQUIREMENTS
PPI 001— Reclaimed Water Generation System Effluent
Permit Number: W00031857 Version: 2.0
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
PCS
Code
parameter Description
Units of
Measure
Monthly
Average
Monthly
Geometric Mean
Daily Minimum
Daily Maximum
Measurement
Frequency
Sample
Type
00310
BOD, 5-Day (20 °C)
mg/L
10.
15
2 x Month
Composite
00940
Chloride (as Cl)
mg/L
3 x Year'
Composite
50060
Chlorine, Total Residual
mg/L
5 x Week
Grab
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
14
25
2 x Month
Grab
50050
Flow, in Conduit or thin Treatment Plant
GPD
400,000
Continuous
Recorder
00610
Nitrogen, Ammonia Total (as N)
mg/L
4
6
2 x Month
Composite
00625
Nitrogen, Kjeldahl, Total (as N)
mg/L
2 x Month
Composite
00620
Nitrogen, Nitrate Total. (as N)
mg/L
102
2 x Month
Composite
00600
Nitrogen, Total (as N)
mg/L
2 x Month
Composite
00400
pH
su
5 x Week
Grab
00665
Phosphorus, Total (as P)
mg/L
2 x Month
Composite
70300
Solids, Total Dissolved - 180 °C
mg/L
3 x Year'
Composite
00530
Solids, Total Suspended
mg/L
5
10
2 x Month
Composite
00076
Turbidity, HCH Turbidimeter
NTU
10
Continuous
Recorder
1. 3 x Year sampling shall be conducted in March, July, and November
2. The 10 mg/L effluent limit for Nitrate (00625) is for treated effluent disposed of via the two high -rate infiltration basins per 15A NCAC 02T .0705(b).
W00031857 Version 2.0 Attachment A Page 1 of 2
PPI 002 — Bulk Distributed Reclaimed Water
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
PCs
Code
Parameter Description
Units of
Measure
Monthly Average
Monthly
Geometric Mean
Monthly Total
y
DailMaximum
y
Measurement
Frequency
Sample
Type
50060
Chlorine, Total Residual
- mg/L
Monthly
Grab
31616
Coliform, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
14
25
Monthly
Grab
WQ01
Flow, Reclaimed Water Distributed
Gallons
Per Event
Estimate
PPI 003 — Reclaimed Water Distributed to the Oak Island Recreation Fields
EFFLUENT CHARACTERISTICS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Code
Code
Parameter Description
Units of
Measure
Monthly Average
Monthly
Geometric Mean
Monthly Total
Daily Maximum
Measurement
Frequency
Sample
Type
WQ01
Flow, Reclaimed Water Distributed
Gallons
Monthly
Estimate
W00031857 Version 2.0 Attachment A Page 2 of 2
ATTACHMENT B
Town of Oak Island — Oak Island Satellite WRF
APPROVED RECLAIMED WATER USES
Permit Number: WQ0031857 Version: 2.0
Site
Location Name
Owner
County
Latitude
Longitude
Approved
Net
Parameter
Hourly
Units
ID
Use
Acreage
Rate
1
Oak Island Recreation Fields
Town of Long Beach
Brunswick
33.9111420'
-78.115901 °
Irrigation
2.71
01284 — Non -Discharge Application Rate
1.0
inches
APPROVED LAND APPLICATION SITES AND LIMITATIONS
INFILTRATION AREA INFORMATION
APPLICATION LIMITATIONS
Basin
Owner'
County
Latitude
Longitude
Net
Acreage
Dominant
Soil Series
Parameter
Rate
Units
1
Leisure Investments of North Carolina, Inc.
Brunswick
33.9069530
-78.0660790
0.53
Wando
01284 —Non-Discharge Application Rate
8.45
GPD/ft2
2
Leisure Investments of North Carolina, Inc.
Brunswick
33.9080170
-78.0648480
0.39
Wando
01284 —Non-Discharge Application Rate
5.19
GPD/ftz
Totals
0.93
1. Please note the high -rate infiltration basins are located on land not owned by the Pemtittee. However, a Reclaimed Quality Effluent Water Agreement between the Pemtittee and Leisure
Investments of North Carolina, hic. signed February 13, 2015 is in effect (attached).
W00031857 Version 2.0 Attachment B Page 1 of 1
x
Z
d
a
w
�7
a
x
H
ATTACEMENT C — GROUNDWATER MONITORING AND LIMITATIONS Permit Number: WQ0031857 Version: 2.0
Monitoring wells: MW-1, MW-2 and MW-3
GROUNDWATER CHARACTERISTICS
GROUNDWATER STANDARDS
MONITORING REQUIREMENTS
PCS Code
Parameter Description
Daily Maximum
Frequency Measurement
Sample Type
Footnotes
00940
Chloride (as Cl)
250
mg/L
3 x Year
Grab
1, 4
31616
Coliforn, Fecal MF, M-FC Broth, 44.5 °C
#/100 mL
3 x Year
Grab
1, 4
00610
Nitrogen, Ammonia Total (as N)
1.5
m91L
3 x Year
Grab
1, 4
00620
Nitrogen, Nitrate Total (as N)
10
mg/L
3 x Year
Grab
1, 4
00400
pH
6.5-8.5
so
3 x Year
Grab
1, 2, 4
00665
Phosphorus, Total (as P)
mg/L
3 x Year
Grab
1, 4
70300
Solids, Total Dissolved - 180 °C
500
mg/L
3 x Year
Grab
1, 4
82546
Water Level, Distance from measuring point
feet
3 x Year
Calculated
1, 2, 3, 4
1. 3 x Year monitoring shall be conducted in March, July & November.
2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of
pH shall be made after purging and prior to sampling for the remaining parameters.
3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of
casing) of all monitoring wells shall be surveyed relative to a common datum.
4. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment.
WQ0031857 Version 2.0 Attachment C Page 1 of 1
x
z
a
w
a
x
H
ATTACHMENT D — APPROVED BULK FILL RECLAIMED WATER USES
Town of Oak Island — Oak Island Satellite WRF
Permit Number: WQ0031857 Version: 2.0
APPROVED USES
ADDITIONAL REQUIREMENTS AND COMMENTS
For use by Permittee or Permittee affiliations (i.e., municipal employees, or
contracted serviceproviders)
Fire fighting and fire extinguishing
Must meet Public Water Supply requirements
Reclaimed water distribution line flushing and pressure testing
Provided the water is returned to the sanitary sewer, or used for other approved
reclaimed water uses after testing.
Vehicle and equipment washing
Provided that no ponding or run-off of the reclaimed water occurs.
For use by certified bulk reclaimed water users r
Concrete cutting
Decorative ponds and fountains that drain to sanitary sewer systems
Hydro -seeding and fertilizer mixing
Industrial and commercial cooling water or boiler blow down water
Provided that cooling water or boiler blow down water is disposed of according to any
necess disposal ermit.
Industrial and commercial fire prevention systems where there are separate non-
otable plumbing lines
Irrigation of public and private landscapes and turf
Make-up water for brine slurry or similar
Brine slurry to be applied to roads to prevent freezing.
Irrigation of food chain crops
Provided that all conditions of 15A NCAC .1401 are met.
Make-up water for preparation of pesticide solutions or similar
Use of reclaimed water does not exempt user from meeting the use and disposal
requirements of the created solution.
Non -potable processes such as asphalt reclamation, concrete production and compost
production
Puirements. Must meet compost permit re
P 9
Sewer cleaning
Soil compaction and dust suppression
May include irrigation to clay or synthetic clay tennis courts, or similar.
Street sweeping and washing
Subsurface Directional Boring
Does not include borings into bedrock or installation of any wells subject to 15A NCAC
2C - Well Construction Regulations.
Vehicle washing and power washing
Provided that dual disinfection with UV and chlorination is provided, and that no
ondin or run-off of the reclaimed water occurs.
I. All users shall complete educational training and receive certification prior to receiving bulk reclaimed water.
W00031857 Version 4.0 Attachment D Page 1 of 1
0/v�
ecrea tr'ovl
- C' - , -f, 1
BRUN ICK OUNTY
RP09,T
�Hi r y
7bHick
REAL
P.,
I "I I�s �s
COAS",
FLZY/,
1.40 m
3ch
Golf C ur
FIGURE I
OAK ISLAND SATELLITE WATER RECLAMATION FACILITY
RECLAIMED WATER FACILITY
BRUNSWICK COUNTY
WQ0031857
SITE LOCATION MAP
tj
Oakisland Satellite Water Reclamation Facilely
V R
n,t
Site1 - Oa'k.Island Recreation Fields " s
o� G rp 41 ✓1
A L qp VJ m
Long Beach st
� a ebeaq.Or
'geami�^Dr-''gyp c } Gon' SIC
I B — Aerial
WQ0031857 Yacht Dr. & NE 54 h St., Oak Island, NC 28465
Town of Oak Island Latitude: 33 919641 °
Oak Island Satellite Water Reclamation Facility Longitude:-78.108607°
FIGURE 3
OAK ISLAND SATELLITE WATER RECLAMATION FACILITY
RECLAIMED WATER FACILITY
BRUNSWICK COUNTY
W00031857
INFILTRATION BASIN & MONITOR WELL LOCATION MAP
001114VI MA3'IT RllIM
BRUNS WICK COUNTY Reclaimed Quality Effluent Water Agreement
(Administrative Amendment)
THIS RECLARAED QUALITY EFFLUENT WATER AGREEMENT (the "Agreement') is made
effective as of February 13, 2015 by and between Leisure Investments of N.C„ Inc, (the "Ownee) and the
Town of Oak Island (the "Town").
WITNESSETH:
WHEREAS, Leisure Investments of N.C., Inc, owns property and operates a golf course in the Town of
Oak Island and the Town of Caswell Beach; and
WHEREAS, the Town of Oak Island has constructed wastewater reclamation facilities able to produce
reclaimed quality effluent which will be infiltrated into two bigh-rate infiltration basins and will then
provide collected groundwater for irrigation and other uses permitted by the State of North Carolina; and
WHEREAS, the. Town of Oak Island and the Town of Caswell Beach have entered into an agreement
allowing the use of reclaimed quality effluent water in the Caswell Beach corporate limits; and
WHEREAS, Leisure Investments of N.C., Inc. and the Town of Oak Island recognize the value
of reclaimed quality effluent water as a resource for irrigation and other allowable uses; and
WHEREAS, Leisure Investments of N.C., Inc, and the Town of Oak Island seek to work cooperatively
in making this resource available to the Oak Island Golf Club;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto agree as follows:
1, provision and Acceptance of Reclaimed Quality Effluent Water, The Town shall supply reclaimed
quality effluent water to the Owner that may be available from production of the Town wastewater
reclamation facilities. The Owner agrees to accept up to an average of265,700 gallons per day of
reclaimed quality effluent water to be placed into infiltration basins and for the Town to provide collected
groundwater for irrigation of the golf course and adjacent areas, subject to applicable permit requirements
and reclaimed quality effluent water availability. The portions of the golf course to receive collected
groundwater shall be determined solely by the Owner in accordance with applicable permit requirements
and the irrigation needs of the Owner. The Owner and the Town shall cooperate to modify or obtain
required permits for the use of reclaimed quality effluent andtor collected groundwater on the golf course
and/or other areas in accordance with this agreement. It is understoodby the parties to this Agreement
that the Town may, in its sole discretion, supply reclaimed quality effluent water to Town residents and I
or Town businesses. Nothing in this Agreement shall be construed to preclude the Town from supplying
reclaimed quality effluent water to Town residents and/or Town businesses.
2. Reclaimed Ouality Effluent Delivery System and Lines. The Owner has constructed irrigation facilities
which can receive collected groundwater from the Town. The Owner shall provide necessary casements
for a reclaimed quality effluent line from public rights -of -way to the Owner's facilities so that reclaimed
quality effluent water may be efficiently used. Such easements shall be located in places mutually
acceptable to the Owner and the Town The Town, at its expense, shall design, engineer, permit,
construct, install, operate and maintain the reclaimed quality effluent water line from the public right of
way to the Owner's facilities. The Owner and the Town will work cooperatively on any other irrigation
system adjustments which may be found to be beneficial to both parties- Changes that are beneficial to
the Town will be paid for by the Town.
Any infrastructure changes related to the golf course irrigation system, other than the infiltration basins,
and the reclaimed quality effluent line from the public right -of --way to the Owner"s facilities which are:
installed on the golf course, whether paid for by the Town or the Owner, become the sole property of the
Owner. This includes irrigation lines and sprinkler heads required for the efficient utilization of collected
groundwater. The Owner will assume responsibility for the maintenance and repair of the irrigation
system and the related infrastructure.
3. Operation and Maintenance of Irri atg ion System; Acceptance of Collected Groundwater. The Owner
shall own, operate and maintain the irrigation storage ponds located on the golf course, and the irrigation
lines, pipes, pumps and other equipment used to irrigate the golf course: The Owner shall have the right to
suspend acceptance of collectedgroundwater during any period in which the water does not meet
applicable requirements or standards, or in which acceptance of collected groundwater would likely
damage or endanger health or property, or at such times that the collected groundwater is not needed
because of excessive rainfall. In the _event that the Owner has a problem maintaining the irrigation system
so as to provide fortheacceptance of reclaimed collected groundwater in accordance with this
Agreement, the Owner may invite the Town to provide whatever expertise it has. available to assist with
the problem. Additionally, the Owner may allow the diversion of collected groundwater to other uses
(ponds, etc.) in compliance with permits and general sound irrigation system operating parameters.
With respect to collected groundwater storage, the parties have agreed, in principal, to utilize the existing
pond at the # 18 green to store collected groundwater on the golf course property. Notwithstanding the
foregoing the Tower shall have the sole discretion as to reclaimed quality effluent water storage on.
locations that are not on Owners property,
4. Permit Compliance, &pa rd Keeping,.Enforcement and Civil Penalties. The Town shall provide to the
Owner copies of all permits, renewals, notices and correspondence firm DWR or any other regulatory
authority with respect to the reclaimed quality effluent water, collected groundwater and spray irrigation
systems. All reclaimed quality effluent water provided by the Town shall. meet the requirements and
standards of applicable laws and permits. The Town shall be responsible for conducting all sampling and
testing of the reclaimed quality effluent, as required by applicable permits. The irrigation operator shall
maintain any records regarding irrigation of the golf course, as required by any applicable permits, and
such information shall be provided to the -Town in a timely manner. The Town shall be responsible for
maintaining records regarding reclaimed quality effluent water inflow to the golf course, and for
submitting all required. reports regarding such reclaimed quality effluent water to DWW
The Town shall timely pay any civil penalty that results from a permit violation for which the Town is
responstbk. The Owner shall timely pay any civil penalty that results from a permit violation for which
the Owner is responsible. The Owner and the Town shall cooperate to review any alleged violations. The
Owner and the Town recognize that the endeavor described by this Agreement is a cooperative endeavor
for the benefit of the Oak Island community in which the Owner is a significant contributor to the
community's quality of life.
5. Term/Modifications. The initial term of this Agreement shall be ten (10) years, and such term shall
automatically beextended for successive periods of five.(5) years unless terminated as hereinafter
provided. The Owner and the Town shalt each have the right to unilaterally terminate their obligation
hereunder at any time during the initial term or any extension thereof by giving at least six (6) months
written notice to the other party. Any other termination, modification or amendment shall be in writing
specifically referring to this Agreement and signed by the patties whose obligations are affected by
such modification or amendment.
6. Fees for Reclaimed Quality Effluent Water. hi recognition of the benefits that the Town will receive
by having a place to send the reclaimed quality effluent water that is produced by the Town's wastewater
reclamation facilities, the Town agrees that there will be no fees paid by the Owner to the. Town during
the initial term.
7. Condition to Agreement. The Owner and the Town recognize the seasonal availability of collected
groundwater for irrigation purposes and agree that the Town is under no obligation to provide collected
groundwater when wastewater flows do not reach levels allowing the production of sufficient collected
groundwater for the Owner's use. The Owner and the Town recognize the timing and production
limitations of the Town's facilities. The Townalso recognizes that there may be times when the Owner
cannot immediately accept collected groundwater because of excessive rainfall.
8. Successors and Assigns. This Agreementshall be binding on and shall inure to the benefit of the parties
hereto and their respective successors in interest as long as the property is used as a golf course. The
Owner shall have the right to convey all or a portion of the golf course, without the consent of the Town,
provided that any conveyance of any portion of the golf course that is permitted by DWR for reclaimed
quality effluent water infiltration shall be made subject to the provisions of this Agreement, In the event
that the :Owner conveys the entire portion of the golf course that is permitted for collected groundwater
irrigation, such conveyance shall be deemed to have been made subject to this Agreement, and the Owner
shall have no further obligation hereunder. Otherwise, the parties hereto shall not have the right to assign
any of their obligations hereunder without the prior consent of the other patties.
9. Miscellaneous. This Agreement constitutes the entire understanding of the parties hereto, and, revokes
and supersedes all prior agreements between or among the parties hereto (whether written or oral) with
respect to the subject matter hereof, and is intended as a final expression of their mutual understanding.
No waiver by any party hereto of any default shall be deemed:.a waiver of any prior or subsequent default
under the same or other provisions of this Agreement. This Agreement may be executed in any number of
counterpart signature pages (including facsimile counterpart signature pages}, each of which shall be
deemed an original and all of which, taken' together, shall constitute one and the same instrumcut. This
Agreement shall be governed by the laws of the State of North Carolina
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as
of the day and year first above written.
xx:
OAR
Attested: 1e*. "
Lisa P. Stites, CMC
Town Clerk
Leisure investments of NC,, Inc.
Town of Oak Island
BY
Town Manager
Manager