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HomeMy WebLinkAboutWQ0040690_Issuance of Permit_20190301ROY COOPER uavvelat MICHAEL S. REGAN SCrFCi4ry LINDA CULPEPPER Michael Myers, President Old North State Water Company, LLC 4700 Homewood Court, Suite 108 Raleigh, NC 27609 NORTH CAROLINA Envlronmenral Quality March 7, 2019 Subject: Permit No. WQ0040690 Old North State Water Company, LLC Stateside Subdivision WWTP Domestic Wastewater Pump & Haul Permit Onslow County Dear Mr. Myers: In accordance with your application/request received February 19, 2019 and additional information received February 22 and 25, we are forwarding herewith Permit No. WQ0040690 dated March 7, 2019 to Old North State Water Company, LLC for the time -limited operation of a domestic wastewater pump and haul operation. This permit shall expire on May 31, 2019 and shall be subject to the conditions and limitations as specified therein. This cover letter and supplement shall be considered a part of this permit and are therefore incorporated therein by reference. Please Note: The issuance of this permit shall not prevent a civil penalty assessment case associated with the Notice of Continuing Violation and Intent to Assess (NOV-2019-OP-0002) based on the following: 1. Filing the pump -and -haul permit application after the previous permit (WQ0040026) expired. The application was received February 19, 2019, two months after the expiration of the previous permit on December 13, 2018; 2. Continuing the activity without a valid permit until the issuance of this permit; 3. Late submittal of the 411 quarter hauling records under the previous permit (WQ0040026); 4. Exceeding the 5,000 gpd hauling limit in both the V and 411 quarter of 2018; 5. Failing to be prepared to certify and operate the approved treatment and disposal system at the time when the hauled volumes reached the minimum design flow level proposed by the consultant (5,000 gpd); 6. Failure to take appropriate action to slow or cease the increase of new connections and thus flow until the system was ready to operate. Please pay particular attention to the following conditions contained within this permit: ConditionIA: The Permittee or its representative shall inspect the permitted pump and haul facilities at least daily to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance condition. 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: 910-796-7215\ Internet: www.deo.nc.gov Condition 11.1: An accurate record of the pump and haul activities must be maintained by the Permittee, indicating; Date and time wastewater is removed from the facility; Name of contract hauler; Name of facility receiving wastewater; & Volume of wastewater removed. Records shall be submitted monthly to the Supervisor of the Water Quality Regional Operations of the Wilmington Regional Office. The records must be submitted within 10 business days of the end of the hauling month. Condition 11.14: This permit shall expire May 31, 2019. Should the pump and haul activities stop prior to the date of expiration send written notification to the Wilmington Regional Office, Water Quality Section notifying them of that the permit is no longer required and detailing the final disposal solution. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E of North Carolina General Statutes, and filed with the Office of Administrative Hearings, 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 matter, please contact Dean Hunkele at the letterhead phone number or via e-mail at Dean.Hunkele@ncdenr.gov_. Sincerely, Linda Culpepper Director, Division of Water Resources cc; Upload to Laserfiche Permit No. WQ0040690 March 7, 2019 Page 2 of 6 ►.a WaterResources ENVIRONMENTAL QUALITY DOMESTIC WASTEWATER PUMP & HAUL PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the OLD NORTH STATE WATER COMPANY, LLC For the continued operation of a domestic wastewater pump and haul operation to serve the Stateside Development in lieu of operating the Stateside WWTP approved under WQ0035809. The hauling operation shall consist of utilizing the Stateside WWTP flow equalization basin with an estimated total storage capacity of 28,951 gallons. The facility from which pumping will occur shall include a minimum 24 hours' storage with on -site audible & visual high-water alarms along with posting of Emergency Contact information. The pump and haul operation is limited to a maximum of 8,000 (increased from 5.000 as reouested)gallons per day of domestic wastewater pursuant to the application received February 19, 2019 and in conformity with 15A NCAC 02T 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 March 7, 2019 and will expire on May 31, 2019, and shall be subject to the conditions and limitations as specified therein. 1 Linda ulpepper Director, Division of Water Resources By Authority of The Environmental Management Commission Permit Number: WQ0040690 Permit Issued: March 7, 2019 Permit No. WQ0040690 March 7, 2019 Page 3 of 6 SUPPLEMENT TO PERMIT COVER SHEET OLD NORTH STATE WATER COMPANY, LLC is hereby authorized to: Construct and operate the aforementioned domestic wastewater pump and haul operation. The wastewater collected by this system shall be pumped and hauled to Old North State Water Company LLC's Carolina Plantations Wastewater Treatment Facility for final treatment under WQ0033770. It shall be the Permittee's responsibility to ensure that the as -constructed project meets the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement facilities, and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. Construction and operation is contingent upon compliance with the Standard Conditions and any Special Conditions identified below. I. SPECIAL CONDITIONS 1. The Permittee or its representative shall inspect the permitted pump and haul facilities at least daily to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance condition. The Permittee shall maintain an inspection log or summary including at least: a. Date and time of inspection; b. Observations made; c. Any maintenance, repairs, or corrective actions taken by the Permittee. The Permittee shall maintain this log of inspections for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. Records shall be submitted monthly to the Supervisor of the Water Quality Regional Operations of the Wilmington Regional Office. The records must be submitted within 10 business days of the end of the hauling month. [15A NCAC 02T .0204(d)] An accurate log shall be kept of all devices used to plug any connecting sewer lines not being used as part of the storage system. All plugging devices shall be tethered to prevent their loss into the collection system. Upon permit expiration or completion of the pump and haul operation, whichever comes sooner, all plugging devices shall be removed and recorded as such in the log. Upon project completion, copies of the log shall be forwarded to the Wilmington Regional Office. Copies of the log shall also be distributed to all copied recipients of this permit. [15A NCAC 02T .0108] 3. The Wilmington Regional Office, must be notified at least 48 hours prior to the commencement of the pump and haul activities so that a site inspection can be performed. [15A NCAC 02T .0110] 4. This permit shall become voidable unless the agreement between Old North State Water Company LLC and Envirolink, Inc. for the collection, transportation, and final treatment of wastewater is in full force and effect. [15A NCAC 02T.0204(b)] Permit No. WQ0040690 March 7, 2019 Page 4 of 6 II. STANDARD CONDITIONS 1. An accurate record of the pump and haul activities must be maintained by the Permittee, indicating: a. Date and time wastewater is removed from the facility; b. Name of contract hauler, c. Name of facility receiving wastewater; d. Volume of wastewater removed. The Permittee shall maintain this log for as long as the pump and haul activities are being conducted and shall be made available to the Division or other permitting authority, upon request. Records shall be submitted quarterly to the Supervisor of the Water Quality Regional Operations of the REGION Regional Office. The records must be submitted within 30 days of the end of each quarter (quarters end on the last day of March, June, September, and December). [15A NCAC 02T .0108] 2. This permit shall not be transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request shall be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. [15A NCAC 02T .0104; G.S.143-215.1(d3)] 3. The Permittee shall provide for the installation and maintenance of an audible and visual high-water alarm on all storage and pumping facilities associated with this pump and haul operation. [15A NCAC 02T .0204(c)] 4. This permit shall become voidable unless the subject pump and haul activities are carried out in accordance with the conditions of this permit; 15A NCAC 2T; and other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110] 5. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. No type, kind or quantity of wastewater other than the pumped and hauled wastewater from the facility shall be included in these pump and haul activities. [15A NCAC 02T .0110] 6. The wastewater collection facilities shall be properly maintained and operated at all times. Adequate inspection, maintenance, and cleaning shall be provided by the permittee to insure proper operation of the subject facilities. [15A NCAC 02T .0403] 7. The Permittee shall report by telephone to a Water Resources staff member at the Wilmington Regional Office, Water Resources Section, telephone number (910) 796-7215, as soon as possible, but in no case more than 24 hours following the occurrence or first knowledge of the occurrence of either of the following: a. If the flow volume estimated above is exceeded by any amount on any day; or b. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate wastewater storage, such as failures of tanks, piping, pumps, aerators, compressors etc.; or c. Any failure of a pumping station, sewer line, etc., resulting in a spill or by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility; or d. Any SSO and/or spillover 1,000 gallons; or e. Any SSO and/or spill, regardless of volume, that reaches surface water Permit No. WQ0040690 March 7, 2019 Page 5 of 6 Voice mail messages or faxed information is permissible, but this shall not be considered as the initial verbal report. Overflows and spills occurring outside normal business hours may also be reported to the Division of Emergency Management at telephone number (800) 858-0368 or (919) 733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and submitting Part I of Form CS-SSO (or the most current Division approved form) within five days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (orthe most current Division approved form) can also be completed to show that the SSO was beyond control. [G.S.143-215.1C(a1)] 8. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 02T; and other supporting materials may subject the Permittee to an enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A through §143-215.6C, construction of additional or replacement wastewater collection facilities, and/or referral of the North Carolina - licensed Professional Engineer to the licensing board. [15A NCAC 02T .0104; 15A NCAC 02T .0108(b- c)] 9. In the event that the wastewater collection facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall cease operation of all pump and haul activities and shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement facilities. [15A NCAC 02T .0110; 15A NCAC 02T .0108(b)] 10. Any duly authorized officer, employee, or representative of the Division of Water Resources may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the pump and haul collection facilities at any reasonable time for the purpose of determining compliance with the Division's approval; may inspect or copy any records that must be maintained under the terms and conditions of this permit; and may obtain samples. [15A NCAC 02T .0110] 11. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or Local government agencies which have jurisdiction or obtaining other permits which may be required by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)] 12. Operation of this permit is based on acceptance of the certification attached to this permit, completed by the Permittee and a North Carolina licensed Professional Engineer. Note that a completed certification is only required for activities that met the definition of the Practice of Engineering in accordance with G.S. 89C-3. In some instances, this certification may not be required. 13. A copy this permit, and approved plans and specifications (if applicable) shall be maintained on file by the Permittee for the life of the project. [15A NCAC 02T .0104] 14. This permit shall expire May 31, 2019. Should the pump and haul activities stop prior to the date of expiration send written notification to the Wilmington Regional Office, Water Quality Section notifying them of that the permit is no longer required and detailing the final disposal solution. [15A NCAC 02T .01050), 15A NCAC 02T.0204(a)] Permit No. WQ0040690 March 7, 2019 Page 6 of 6