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HomeMy WebLinkAboutNCG550074_Issuance of Permit_20181029 ROY COOPER 5�ar f.,v Governor ' ' MICHAEL S. REGAN Secreieny 4LINDA CULPEPPER %\'\:- ____.,,/0/4.AjiV Interim Director 4 Isi `7,0 c NORTH CAROLINA Environmental Quality • October 29, 2018 Elvin T.Kinslow 2765 Hope Church Rd Winston-Salem, NC 27127 Subject: General Permit NCG550000 Certificate of Coverage (CoC)NCG550074 2765 Hope Church Rd Forsyth County Dear Permittee: The Division has rehewed`General Perriiit'NCG550000. The Division hereby issues you a revised version of NCG550074, along with a copy of the renewed General Permit. Discard any earlier versions of the permit and use this version until further notice. This CoC is issued pursuant to the requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated October 15, 2007 [or as subsequently amended]. If'any parts,measureiiient frequencies or sainpliuig requirements contained in this-General Permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made,the certificate of coverage shall be final and binding. Please take'notice"that this Certificate'of Coverage is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the certificate of coverage. Contact the Winston-Salem Regional Office prior to any sale or transfer of the permitted facility. Regional Office stiff will assist you in documenting the transfer of this CoC. This permit does not affect the legal requirements to obtain any other State, Federal, or Local governmental permit that niay be required. If you have any questions.concerning the'requirements of the General Permit,please contact Derek Denard of the NPDES staff[919 707-3618 or via email at derek.denard@ncdenr.gov]. Sincerely, 7.,,,dg- § .agtig for Linda Culpepper Interim Director,Division of Water Resources cc: NPDES file E C6 North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919-707-3616 NPDES General Permit NCG550000 C. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS • [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration,the Permittee is aiithori2ed'to discharge"doiriestic Wasfewateffroni outfall 001•.Sueh discharges shall be-anted arid irionitered by the Permittee as specified below: • LIMITS MONITORING •EFFLUENT CHARACTERISTICS REQUIREMENTS [Parameter Code] Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location 1 Flow(gpd)2 50050 . 1,000 gpd 2 Annually Estimate Effluent BOD,5-Day,20°C(mg/L)3 C0310 30.0 mg/L 45.0 mg/L Annually Grab • Effluent • Total Suspended Solids(TSS)(mg/L)3 C0530 30.0.mg/L 45.0 mg/L Annually Grab Effluent Fecal Coliform•(#/100mL)3'4 31616 200/100 mL• 400/100 mL - Annually • Grab Effluent •Enterococci(#/100mL)3'445 61211 35/100 int, • Annually Glib Effluent 3'6'7 -Total Residual-Chlorine(TRC)(µg/L) 50060 . Footnote 6&7 . Annually , Grab Effluent gpd=gallons per day;BOD=Biochemical Oxygen Demand;mg/L=rrulligrarri per liter; #1100mL=colonies per 100 milliliters; ug/L=micrograms per liter Footnotes: 1. Effluent is defined as wastewater leaving the treatment system,prior to discharge into a creek or other • waterbody. 2. The wastewater discharge flow from this facility may not in any case exceed 1,000 gallons per day.The Authori2ation to Construct(ATC)issued with the Certificate of Coverage(COC)may further limit the flow authorized by the permit to a lower discharge volume. 3. A North Carolina certified laboratory must perform the wastewater anaLysis. - 4. fecal Coliform and Enterococci shall be calculated using the geometric mean,according to the procedure detailed in Part II. Section A. 5. Applicable for discharges to SB and SC water only.In SB and SC waters,the requirement for a fecal coliform sample is not required. 6. Receiving str"eain chlorine levels are riot to exceed 17 ug/L forfreshwater"atid 13 Aga,for saltwater:The sample shall be taken from the effluent pipe,prior to discharge into a creek or other waterbody. 7. TRC-litnitation'only applicable for facilities that are required to utilize dechlorination.(see Part I,B-for Treatriierit System Requireriierits). The Division shall consider all effluent TRC values reported below 50' ug/L to be in compliance with the permit.However,the Permittee shall continue to maintain records for all values reported by a North Carolina certified laboratory(including field certified);even if these values fall below 50 ug/L. • Conditions: There shall be no discharge of floating solids or foam visible in other than trace amounts. •Page 3 of 16 NPDES General Permit NCG550000 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events.These samples shall be representative of the wastewater discharged during the sample period, 3/Week • Samples are collected three times.per week on three separate calendar days.These samples shall be representative of the wastewater discharged during the._sample period. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et. seq. Annual Average The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar year.In the case of fecal coliform,the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day.However,for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods:January through March,April through June,July through September,and October through December. Coiiipdsite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at Ieast 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The Director may'desigli'ate the'irii st'appropriate method(ap'ecifie ntiunbet and size'of'aliquots n'ecessa'ry,the'time hitetval between grab samples,etc.)on a case-by-case basis. Samples may be collected manually or automatically.Composite samples maybe obtained by the following methods: (1) Continuous:a•single;.eontinuous sample collected over.a 24-hour period-proportional to the rate of flow: (2) Constant time/variable volume:a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection;or (3) Variable time/constant volume:a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow the8tie i h''t betW2eii•satnple inteWais'shall'b deterniine'd by us'e.of a flWreeord-er at-id tdtali2ot,'add the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Con'starit tiirie%atistatit volume:a seri`@s Of grab samples Of equal iYoliiiiiewIlectedoVer a 24-h'o11r period at a constant time interval.Use of this method requires prior approval by the Director.This inethodmay only be used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply: Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters Influent samples shall not be collected more than once per hour. Page 5 of 16 • NPDES General Permit NCG550000 Permit Issuing Authority The Director of the Division of Water Resources. • Quarterly Average(concentration Iimit) The arithmetic mean of all samples taken over a calendar quarter. S evere p'opeitrda'm'age Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(l)of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance,or careless or improper operation. Weekly Average(concentration limit) The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar week.In the case of fecal coliform or other bacterial parameters or indicators,the geometric mean of such discharges. Section I . 4 eneral Conditions 1. Duty to Comply The Pe'' iitte`e"initst'cd'ii ply With anebt:tditions'Of this per'init.Any permit norico'inpliance'constitutes a vio'lat on'of • the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or modification;or denial of a permit renewal application[40 CFR 122.41]. a. The Perniittee'sh'a11'corrrply With offlneht'staidai`ds or p'rohib'itions estalilislied tlndet sectibii 307(a)"of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d).of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal;even if the permit has not yet beenmodifred•to incorporate the requirement. b. The CWA provides that any person who violates section[s]301,302,306,307,308,318 or 405 of the Act,or ariy'pennit cotidition'br limitation ittplernetttitig atiy'stteh se'ctioris in a permit issued under section 402,br'ain'y requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR 122;41(a)(2)]. c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318;or 405 of the Act,or any condition or limitation implementing any'of such sections in a permit issued under section 402 'of the Act,-et ariy tettaireite'nt'iniposed-inCA pretrzatt'terit'progiram apptoved urider-se'ction 402(0(3)'ot 40'2(b)(8)of the Act,is subject to criminal penalties of$2;500 to$25,000.per day of violation,or imprisonment of not more than 1 year,or both.In the case of a second or subsequent conviction for a negligent violation;a person-shall be subject to criminal penalties of not more than$50;000 per day of violations or by imprisonment of not more than 2 years,or both. [33-USC 1319(c)(1)'and 40-CFR 122.41(a)(2)] d. Any person who knowingly violates such sections,or such conditions or limitations is subject to criminal 'penalties of$5,000 to$50;000 pet day'of Vio'la:tIOi','or litpligtinttett for riot more than 3 yoats,-or both.In the' case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both. [33 USC 13-19(c)(2)and40 CFR 122.41(a)(2)], e. Any person who knowingly violates section 301,302;303,306,307,308,318 or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and Whd ki'ioWs'at that tirtie'tha't'h thereby places'artotl er person in imininent'daiiger of dea‘th'or•setiotls b tdily injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than 15 years,or both.In the case of a second or subsequent conviction for a knowing endangerment violation,a person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than:0 years,or Page 7 of 16 • NPDES General Permit NCG550000 later date has been granted by the Director.(The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.)[40 CFR 122.21(d)]. I I. Signatory Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified[40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) Fora•corporation: by'd resp'otisibi corporate'officer.For the ptirpose'o'f this Section,a responsible corporate officer means: (a)a president,secretary,treasurer or vice president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision making fitiictions for the"corporation;or(b)the iilanager'df one or more tnariufactm ing,pro'dtYctibii;'d'r operating facilities,provided;the manager is authorizedto make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment tecotiiniendations,and Initiating'and di ectiiig•o'ther'cmiiprehttisiv'e-rtieastires to assure long term environmental compliance with environmental laws and regulations;the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit -application requirements;and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or (3) For,amunicipality;State;Federal,or other-public agency; •by eithera principal-executive officer or ranking elected official[40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed-by-a person described,in paragraph a:above or by a duly-authorizedrepresentative of that person:A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2)` The'atxthorizatior'specified'eitther att individtial'or aposition-hayirig're'spotisibilit'for the ooerail-op'etation of the regulated facility or activity,such as the position of plant manager,operator of a well or well field, superintendent,a position of equivalent responsibility,or an individual or position having overall responsibility for environmental matters for the company:(A-duly authorized:representative may thus be either a named individual-or any individual occupying a-named position.);and- (3) nd(3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22] c. 'Cl anger to'alttliorization:Ifan arirhorizatioti under patagraph'('b)"of this section is no longer''a cc urate because a different individual or position has responsibility for the overall operation of the facility,a new authorization satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or together with any reports,information or applications-to be signed by an authorized-representative.[40 CFR . 122.22]- d. Certification.Any person signing a document under paragraphs a.orb.of this section shall make the following certification[40 CFR 122:22]:NO OTHERSTATB1VENTS OF CERTIFICATION WILL BE.ACCEPTED. "I cert under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate•the iiifoi inatihi AIMirred Based oil'rszy in-quirt'Of the per sola or pe s''o"ns who.&awake the systerii, to= those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete.I am aware that there are significant penalties for ,submitting false-information;including-the possibility of fines and-imprisonment for know-ing violations: 12. Permit Actions This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by the Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes or anticipated noncompliance does not-stay any permit condition-[40 CFR-122.41(1)]. 13. Permit Modification,Revocation and Reissuance,or Termination Tlieiiatice Of-this perinit-ddes-riot prohibit'the pein'iit issuing acthority•ffoiii reop'eli ng&id'iimodify ng the periiitt, revoking and reissuing the permit, or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40,Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina Administrative Code,Subchapter 02H.0100;and North Carolina General Statute 143.215.1 et.al. Page 9 of 1-6 NPDES General Permit NCG550000 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a Bypass not exceeding limitations[40 CFR 1.2241(m)(2)1j The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the provisions of Paragraphs b.and c.of this section. b: Notice[40 CFR 122.41(m)(3')] • (1) Anticipated bypass.If the Permittee knows in advance of the need for a bypass,it shall submit prior notice, if possible at least ten days°before the date of the bypass;including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass.The Permittee shall submit notice of an unanticipated bypass as required in Part lI.E.6.(24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement • action against a Pennittee for bypass,unless: (A)-Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities, retentioii'of untreated Wastes-or iiiaint&iauee durhig normal p bods-ofequipiient'dowrithine.This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C)-The Permittee submitted'notices as required-under Paragraph b.of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action•againsta-Permittee fora-bypasses provided in any:current or future system-wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects, if the Permit Issuing Authority determines-that it will meet the three conditions listed above.in Paragraph- (1)-of this aragraph(1)-ofthis section. 5. Upsets . 'Effect of an iipset'[4(CFR 122.410)(2A.: Ari liyserdoristitrttes'an'affirn alive'defense to ari action brought fog noncompliance with such technology based permit effluent limitations if the requirements of paragraph b.of this condition are met.No determination made during administrative review of claims that noncompliance was caused by upset,-and:before an-action for noncompliance,is final-administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative defense of upset-shall-demonstrate;through-properly:signed,•contemporaneous operating logs;or.other relevant • evidence that:- (1)An upset occurred and that the Permittee can identify the cause(s)of the upset; (2)The Permittee facility was at the time being properly operated;and (3).The Permittee submitted'notice of the upset as required in Part II.E.6.(b)'of this permit. (4)The Permittee complied with any remedial measures required under Part lI.B.2.of this permit. Burden-of proof[40 CFR-122:41(n)(4)]z The Permittee seeking to establish the occurrence of-an upset-has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids,'S1ttdges,filter backwa'sh,'or other pollutants renl'oved:in the'ebiirse'of treatment or.control'of Wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted b tale Com"n ssidii.The Periiiittee shall edmply With all•app'lioab'1'e'state'and Frderal'regulatioris'goveriung the' disposal of sewage sludge,including 40'CFR 503, Standards for the Use and Disposal of Sewage Sludge;40 CFR Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T, Waste Not Discharged To Page 11 of 16 NPDES General Permit NCG550000 to the minimum detection or lower reporting level of the procedure.If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most sensitive(method with the lowest possible detection and reporting.level)approved method must be used. 5. Penalties for Tampering The CWA provides•that any pe'tsar who falsifies;tampers with;or ktiowiiigly renders inaccurate;aay monitoring device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both.If a • edriviction'of a person is fora•Violatidri cottiiiritted'after a'fitst eetivietioii of'stieli'persoii under this paragraph, punishment is a fine of not more than$20',000 per day of violation,or by imprisonment of not more than 4 years, or both[40 CFR 121411 6'. Reeords Retenti°oii Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR 03);the Permittee shall retain records of all monitoring information,including: all calibration and maintenance records all original strip chart recordings for continuous monitoring instrumentation copies of all reports required by this permit copies of all data used to complete the application for this permit 'Mete teeords'ht'copies'sfiall'be niaiiitanied fora period of'at least 3 years front'the-date of the sample, measurement,report or application.This period maybe extended by request of the Director at any time[40 CFR 122.41]. 7. Reco'rd'ing Results For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the following information[40 CFR 122.41]: a. The date,exact place,and time of sampling or measurements; b. The individual(s)who performed the sampling or measurements; c. The date(s)analyses were performed; d. The individual(s)who performed the analyses; e. The analytical techniques or methods used;and • f. The results of such analyses. 8. Iinspeetioii and Entt% The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as a representative of the Director),upon the presentation of credentials and other documents as may be required by law,to; a. Enter,at reasonable times,upon the Permittee's premises where a regulated'facility or activity is located or conducted,or where records must be kept under the conditions of this permit; b., -Have:access to and copy,at reasonable times,any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance oras otherwise authorized by the CWA,any substances or parameters at any location[40 CFR 122.41(i)]. Section E Reporting Requirements • 1. Change in Discharge Alf discharges•atithhrized he&eiii shall'be'consistent With the terms and''cbnditioris of this pe'rinit.The'discharge of any pollutant identified in this permit more frequently than or at a revel in excess of that authorized shall constitute a violation of the permit. 2. Planted Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility[40 CFR 122.41(1)].Notice is required only when: Page 13of16 NPDES General Permit NCG550000 digester;the known passage of a slug of hazardous substance through the facility;or any other unusual eiroumstancas: b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc. a:• Any failure of a pumping station,sewer lines or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such'station or facility: shall also file a written report days following first within 5 Persons reporting such occurrences by telephone p knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c.of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2)or Section 308 of the Federal Act,33 USC 1318,all reports prepared in a'cc'ordanc'e•'ith the term's shall lie'available far public inspection at the'offices of the Division.As required by the Act,effluent data shall not be considered confidential.Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2)or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement,representation,or certification in any record or-other d'ocuuient sttbmitted''Or rewired to'be maintained nndet this permit,rncluding monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than $25,000 per violation,or by imprisonment for not more than two years per violation,or by both[40 CFR 122.41]. Page 15 of 16