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HomeMy WebLinkAboutWQ0023580_Final Permit_20181016NORTH CAROLINA Ploy COOPER Envhvnmental Quality GOV~ MICHAEL S. REGAN secfelffy LINDA CULPEPPER Jrrrefft airy October 16, 2018 CHIP HAWKINS — ASSOCIATION MANAGER COVE KEY ASSOCIATION, INC. POST OFFICE BOX 1329 CORNELIUS, NORTH CAROLINA 28031 Dear Mr. Hawkins: Subject: Permit No. WQ0023580 Cove Key Townhomes on Lake Norman WWTP Reclaimed Water Generation and Non -Conjunctive Reclaimed Water Utilization System Iredell County In accordance with your permit renewal request received July 25, 2018, and subsequent additional information received September 10, 2018, we are forwarding herewith Permit No. WQ0023580 dated October 16, 2018, to Cove Key Association, Inc. for the continued operation of the subject reclaimed water generation and non -conjunctive reclaimed water utilization facilities. Please note that this renewed permit shall become effective on January 1, 2019 (i.e., the day after the expiration date of the existing permit), which differs from the date of this letter. Please note that the facility description has been updated to reference the separate collection system, Permit No. WQ0023680, that should be managed in accordance with the 15A NCAC 02T .0403 requirements. This permit shall be effective from January 1, 2019 until November 30, 2023, shall void Permit No. WQ0023580 issued January 29, 2014, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B 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 January 29, 2014: ➢ Old Condition III.7. — Removes 2 -hr ORC response time requirement; is replaced by new Condition I11.4. North Carolina Department of Environmental Quality I Division of Water Resources I Non -Discharge Branch 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.3654 Mr. Chip Hawkins October 16, 2018 Page 2 of 3 Please note the following permit conditions are new since the last permit issuance dated January 29, 2014: ➢ Condition III.4. - Requires ORC to be on call 24 -hours per day. ➢ Condition 111. 14. - Requires the turbidimeter to be calibrated at least once per year. ➢ Condition 111. 15. - Prohibits public access to the reclaimed water generation facilities and the five-day upset pond. Condition IV.5.b. - Requires Permittee to maintain records of the volume of water utilized. ➢ Condition IV. ll.c. - Requires turbidimeter calibration records to be included in the maintenance log. ➢ Attachment A - Total Nitrogen, Total Kjeldahl Nitrogen, and Total Phosphorus have been added to the monitoring requirements. Monthly sampling has also been reduced to 4 x Year. 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 Emily Gercke at (919) 707-3656 or emilN.,-�ercke,'iLncdenr. ov. Sincerely, Linda Culpepper, Interim Director o Division of Water Resources cc: Iredell County Health Department (Electronic Copy) Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH RECLAIMED WATER GENERATION AND NON -CONJUNCTIVE RECLAIMED WATER UTILIZATION 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 Cove Ivey Association, Inc. Iredell County FOR THE continued operation of a wastewater collection system permitted under Permit No. WQ0023680 and meeting the requirements in 15A NCAC 02T .0403(a) (See Attachment C); the continued operation of a 7,200 gallon per day (GPD) reclaimed water generation system consisting of: a 1,655 gallon flow equalization basin with two 120 gallon per minute (GPM) pumps; a 20 cubic feet per minute (CFM) blower; a manually cleaned bar screen; a flow splitter box; a flow measuring device; two 3,600 gallon aeration basins with two 43 CFM blowers; two 950 gallon clarifiers with a waste sludge pump, and a return sludge pump; two 934 gallon sludge holding basins; two tertiary filters; a 1,040 gallon clear well with two 120 GPM pumps; a 960 gallon mud well with two 130 GPM pumps; a turbidimeter; a dual ultraviolet (UV) disinfection system; a 36,600 gallon synthetically lined five day upset pond; a 109,000 gallon synthetically lined wet -weather storage pond; and all associated piping, valves, controls, and appurtenances; and the continued operation of a 7,200 gallon per day (GPD) non -conjunctive reclaimed water utilization system consisting of: a 1,169 gallon irrigation dosing tank with dual 28 GPM pumps, and audible/visual high-water alarms; a 3.08 acre landscape drip irrigation area with 16 irrigation zones served by 19,939 emitters; 24/7 telemetry equipment; and all associated piping, valves, controls, and appurtenances to serve. the Cove Key Townhomes on Lake Norman WWTP, with no discharge of wastes to surface waters, pursuant to the application received July 25, 2018, 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. This permit shall be effective from January 1, 2019 until November 30, 2023, shall void Permit No. WQ0023580 issued January 29, 2014 and shall be subject to the following specified conditions and limitations: WQ0023580 Version 3.0 Shell Version 180711 Page 1 of 10 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. In accordance with Rule 15A NCAC 02T .0 115, the Permittee shall submit a copy of the declarations and bylaws documenting compliance with the attached Operational Agreement. [15A NCAC 02U .0 106, 02U .0109] II. PERFORMANCE STANDARDS The subject reclaimed water 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, or failure of the utilization areas to adequately assimilate the reclaimed water, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement reclaimed water generation and utilization 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 limitations for generated reclaimed water shall not exceed those specified in Attachment A. [15A NCAC 02U .0300] 4. Application rates shall not exceed those specified in Attachment B. [15A NCAC 02U .0401(g), 02U .0402(m)] The Operational Agreement (attached) between the Permittee and the Environmental Management Commission is incorporated herein by reference and shall be a condition of this permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in accordance with the terms and conditions of this permit. [ 15A NCAC 02T .0115] 6. The reclaimed water irrigation system shall be connected to a rain or moisture sensor, which shall indicate when utilization is not appropriate in accordance with Conditions III.9. and 111.10. of this permit. [15A NCAC 02T .0108(b)(1)] WQ0023580 Version 3.0 Shell Version 180711 Page 2 of 10 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., Panton 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 .0403] 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. The compliance and review boundaries are established at the property boundary. Any exceedance of standards at the compliance or review boundary shall require action in accordance with 15A NCAC 02L.0106. [ 15A NCAC 02H .0219(k)(1)(C)(i)(III)] 10. 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)] 11. 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)] 12. 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 compliance boundary shall execute and file with the Iredell 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. [15A NCAC 02L .0107(f)] WQ0023580 Version 3.0 Shell Version 180711 Page 3 of 10 13. 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 b. The setbacks for treatment and storage units shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 ii. Any property line: 50 [15A NCAC 02U .0701] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The reclaimed water generation and utilization 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. [15A NCAC 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 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)] The wastewater treatment facility permitted herein has been assigned the classification of Grade II Biological Water Pollution Control System (WW -2) by the WPCSOCC in accordance with 15A NCAC 08G.0302. At the request of the Permittee and in accordance with 15A NCAC 08G.0204(2), a reduced ORC visitation frequency of twice per week (2 x Week) has been established in this permit, provided that the facility is properly operated. In the event of non-compliance or operational problems, the Division reserves the right to re-evaluate the visitation frequency and upon written notification from the Division, the facility shall return to the 3 x Week visitation schedule. [15A NCAC 02U .0117] WQ0023580 Version 3.0 Shell Version 180711 Page 4 of 10 6. The reclaimed water irrigation system permitted herein has been assigned the classification of Surface Irrigation Water Pollution Control System (SI) by the WPCSOCC in accordance with 15A NCAC 08G .0304. The certified ORC or their back up shall visit the reclaimed water irrigation system at least one time per week (Weekly) as specified in 15A NCAC 08G .0204(2)(c). [15A NCAC 02U .0117] 7. Telemetry equipment capable of providing notification 24 hours a day and 7 days per week to the ORC in the event of a turbidity exceedance (>10 NTU) or ultraviolet disinfection system malfunction (i.e. UV bulb outage, light intensity degradation, etc.) shall be maintained in working order at all times. [15A NCAC 02T.0 I 08(b)(1)] 8. 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)] 9. Adequate measures shall be taken to prevent reclaimed water ponding in or runoff from the irrigation sites. [15A NCAC 02T .0108(b)(1)] 10. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)] 11. All reclaimed water irrigation equipment shall be tested and calibrated at least once per permit cycle. 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)] 12. 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)] 13. Only reclaimed water generated at Cove Key Townhomes on Lake Norman WWTP shall be utilized in accordance with this permit. [G.S. 143-215.1] 14. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. [15A NCAC 02U .0402(h)] 15. Public access to the reclaimed water generation facilities and five day upset pond shall be prohibited. [I 5A NCAC 02U .0402(f)] 16. Public access to 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] 17. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited [15A NCAC 02T .0108(b)(1)] 18. Freeboard in the wet -weather storage and five day upset ponds shall not be less than two feet at any time. [ 15A NCAC 02T .0108(b)(1)] 19. Gauges to monitor waste levels in the wet -weather storage and five day upset ponds shall be provided. These gauges shall have readily visible permanent markings at inch or tenth of a foot increments. [15A NCAC 02T .0108(b)(1)] WQ0023580 Version 3.0 Shell Version 180711 Page 5 of 10 20. 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)] 21. All effluent shall be routed to the five day upset pond 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. The wastewater in the five day upset pond shall be pumped back to the treatment plant headworks for re -treatment or treated in the five day upset pond prior to utilization. [ 15A NCAC 02U .0402(e)] 22. 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)] 23. 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] 24. 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] WQ0023580 Version 3.0 Shell Version 180711 Page 6 of 10 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] Flow through the reclaimed water generating facility shall be continuously monitored, and daily average flow values shall be reported on Form NDMR. Flow may be estimated from water use records, provided the Permittee's water use is metered. Daily average flow values shall be calculated by dividing the monthly metered water usage by the number of days in the month. [15A NCAC 02T .0105(k)] 4. The Permittee shall monitor the reclaimed water from the generating facility 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 utilized. Records shall be maintained for a minimum of five years. At a minimum, these records shall include the following information for each utilization site listed in Attachment B: a. Date of reclaimed water utilization; b. Volume of reclaimed water irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Weather conditions; and g. Maintenance of cover crops. [I 5A NCAC 02T .0108(c)] 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the wet -weather storage and five day upset ponds 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)] 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)] WQ0023580 Version 3.0 Shell Version 180711 Page 7 of 10 8. 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. Date and results of power interruption testing on alternate power supply; e. Record of preventative maintenance (e.g., changing/adjusting of equipment, pump and valve maintenance, cross connection control, testing, inspections and cleanings, etc.; and f. 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)] Three copies of all effluent monitoring data and reclaimed water distribution data (as specified in Conditions N.3. and N.4.) 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)] 10. Three copies of all operation and utilization records (as specified in Conditions IV.5. and N.6.) shall be submitted on Form NDAR-1 for every non -conjunctive utilization site listed in Attachment B. (Note: conjunctive use sites do not require NDAR-1 submission). Reporting forms shall be submitted on or before the last day of the following month. If no reclaimed water utilization activities occurred during the month, monitoring reports are still required documenting the absence of the activity. All information 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)] WQ0023580 Version 3.0 Shell Version 180711 Page 8 of 10 V. 11. Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, 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. 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.81 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. 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)] 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the reclaimed water generation and utilization facilities. [15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the reclaimed water generation and utilization 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 and utilization 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] VI. GENERAL CONDITIONS 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] WQ0023580 Version 3.0 Shell Version 180711 Page 9 of 10 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 NCGO 10000; 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(c)(6)] 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. [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.01 10. [ 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 October 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION '-mda Culpepper, Interim Director 0 Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0023580 WQ0023580 Version 3.0 Shell Version 180711 Page 10 of 10 i 0 co P-0 i O � F Ur z7 � c7 c7 c7 c7 c7 c7 c7 W d w a �+ U d d U a e a* kr) kn N o 0 A F A � c s +' o � o Fir W C7 O�1D 0 Q � e m C Z o � a 4 C 0 o Z z ., ax w 0 o z Q� aci aci aci aci o E• �' .� kn O 0 co P-0 i O 9 .i O z H O � xa O a 0 0 a L Lam+ L Q i.' z 00 00 N_ O O' A � U a� d ca O O d' ^O � z �bA v� � a N O d p N r+ N � R � a vi Q M G z '3 � b O O U H d' C7 0 L' � U O O U w � H .i O ATTACHMENT C —15A NCAC 02T.0403 15A NCAC 02T.0403 PERMITTING BY REGULATION (a) Collection systems having an actual, permitted or Division -approved average daily flow less than 200,000 gallons per day shall be deemed permitted, pursuant to Rule .0113 of this Subchapter if the system meets the criteria in Rule .0113 of this Subchapter and all criteria required in this Rule: (1) The collection system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters and to prevent any contravention of groundwater standards or surface water standards. (2) A map of the collection system shall have been developed and shall be maintained. (3) An operation and maintenance plan, including pump station inspection frequency, preventative maintenance schedule, spare parts inventory, and overflow response shall have been developed and implemented. (4) Pump stations that are not connected to a telemetry system shall be inspected by the permittee or its representative every day, 365 days per year, unless the permittee demonstrates that daily inspections are not necessary because the pump station has sufficient storage capacity, above the elevation at which the pump activates, to justify a longer inspection interval. In no case shall the inspection interval exceed seven days. Pump stations that are connected to a telemetry system shall be inspected once per week. (5) High-priority sewers shall be inspected by the permittee or its representative once every six months, and inspections shall be documented. (6) A general observation by the permittee or its representative of the entire collection system shall be conducted once per year. (7) Overflows and bypasses shall be reported to the appropriate Division regional office in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as required by G.S. 143- 215.1C. (8) A Grease Control Program shall be in place as follows: (A) For publicly owned collection systems, the Grease Control Program shall include biannual distribution of educational materials for both commercial and residential users and the legal means to require grease interceptors for new construction and retrofit and if necessary, of grease interceptors at existing establishments. The plan shall also include legal means for inspections of the grease interceptors, enforcement for violators and the legal means to control grease entering the system from other public and private satellite collection systems. (B) For privately owned collection systems, the Grease Control Program shall include biannual distribution of grease education materials to users of the collection system by the permittee or its representative. (C) Grease education materials shall be distributed more often than required in Parts (A) and (B) of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows. (9) Right-of-ways and easements shall be maintained in the full easement width for personnel and equipment accessibility. (10) Documentation of compliance with Subparagraphs (a)(1) through (a)(9) of this Rule shall be maintained by the collection system owner for three years with the exception of the map, which shall be maintained for the life of the system. (b) Private collection systems on a single property serving an industrial facility from which the domestic wastewater contribution is less than 200,000 gallons per day shall be deemed permitted. (c) The Director may determine that a collection system shall not be deemed to be permitted in accordance with this Rule and Rule .0113 of this Subchapter. This determination shall be made in accordance with Rule .0113(e) of this Subchapter. History Note: Authority G.S. 143-215.1(a); 143-215.3(a); 143-215.9B; Eff. September 1, 2006; Readopted Eff. September 1, 2018. WQ0023580 Version 3.0 Attachment C Page 1 of 1 �• '1R;�t �' -Q �� U[IJ14J�)iW, C Z> e • • Q f, V O- a u. "Cs . •E III; r �- �._ `�:w-s ', .•4 �� 144- = .�•�F �r•� fi n r ���` ., 1 1 y�pp. I ♦'I J M i . • • - '`` f '� ._'!�,- i... rR' . •`^ . "11.1, +�• �' p� / O STATE OF NORTH CAROLINA COUNTY OF Permit No. 1���358'5 OPERATIONAL AGREEMENT This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this ( day of ON 9.0 JA, by and between the North Carolina Environmental Management Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and ' InC,- - a non-profit corporation organized and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the ASSOCIATION. WITNESSETH: The ASSOCIATION was formed for the purpose, among others, of handling the property, affairs and business of the development known as CZ O VG Ys = A sSDC i 0L* i D n , Inc. (hereinafter the Development); of operating, maintaining, re -constructing and repairing the common elements of the lands and improvements subject to unit ownership, including the wastewater collection system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System); and of collecting dues and assessment to provide funds for such operation, maintenance, re -construction and repair. 2. The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage disposal to serve the Development on said lands. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143- 215.1 to construct, maintain, and/or operate the Disposal System. 4. The Development was created subject to unit ownership in the dwellings units, other improvements and lands through filing of a Declaration of Unit Ownershiphereinafter Declaration), pursuant to Chapter 47C of the North Carolina General Statutes. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed, maintained and operated in accordance with law and permit provisions in order to protect the quality of the waters of the State and the public interest therein. NOW, THEREFORE, in consideration of the promises and the benefits to be derived by each of the parties hereto, the COMMISSION and ASSOCIATION do hereby mutually agree as follows: The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the Disposal System in accordance with the permit and plans and specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in accordance with applicable permit provisions and law. 2. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and appurtenances thereto are part of the common elements and shall thereafter be properly maintained and operated in conformity with law and the provisions of the permit for construction, operation, repair, and maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater treatment, collection and disposal system as a common element, which will receive the highest priority for expenditures by the Association except for Federal, State, and local taxes and insurance. FORM: HOA 11-17 Pagel of 2 3. The ASSOCIATION shall provide in the Declaration and -Association Bylaws that the Disposal System will be maintained out of the common expenses. In order to assure that there shall be funds readily available to repair, maintain, or construct the Disposal System beyond the routine operation and maintenance expenses, the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses. Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of the yearly budget. 4. In the event the common expense allocation and separate fund(s) are not adequate for the construction, repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for special assessments to cover such necessary costs. There shall be no limit on the amount of such assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made as necessary at any time. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, town, village, county, water and sewer authorities, or other unit of government shall hereinafter become available to serve the Development, the ASSOCIATION shall take such action as is necessary to cause the existing and future wastewater of the Development to be accepted and discharged into said governmental system, and shall convey or transfer as much of the Disposal System and such necessary easements as the governmental unit may require as condition of accepting the Development's wastewater. 6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution without first having transferred its said system and facilities to some person, corporation or other entity acceptable to and approved by the COMMISSION by the issuance of a permit. 7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility for the operation and maintenance of its Disposal System until a permit has been reissued to the ASSOCIATION's successor. 8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and operation of the Disposal System. 9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the Association. IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized representative of the parties hereto on the day and year written as indicated by each of the parties named below: FOR THE ENVIRONMENTAL C01it". ' `meq AS-p0b1 C&+10 Y%1 I me MANAGEMENT COMMISSION Name of ASSO�'IATION ; zy�- ;?-Lmda Culpepper, Interim Director U Division of Water Resources lo`G(//& (Date) B (Signature) ,W, , Ae,7 �E� i�Orc/ fir/ f YeSrClevr Print Name and Title (Date) FORM: HOA 11-17 Page 2 of 2