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HomeMy WebLinkAboutNC0083909_Draft Permit_20250910JOSH STEIN Governor D. REID WILSON Secretary RICHARD E. ROGERS, JR. Director ATTN: Jessica King, Public Utilities Director Dare County 600 Mustian St Kill Devil Hills, NC 27948 Dear Mr. Irwin, NORTH CAROLINA Environmental Quality September 9, 2025 Subject: Draft of NPDES Permit NCO083909 Rodanthe/Waves/Salvo RO WTP Physical Chemical Not Classified WPCS Dare County The Division has reviewed your request to renew the subject permit. Enclosed with this letter is a copy of the draft permit for your facility. Please review this draft carefully to ensure a thorough understanding of the information, conditions, and requirements it contains. The draft permit renewal includes the following significant changes from the existing permit: • The Supplement to Permit Cover Sheet has been updated to include chemical additives noted by the permittee. • A monthly average flow limit has been added to Section A. (1.) based on the facility's WET compliance history and receiving waters characteristics. • Nitrogen monitoring in Section A. (1.) has been updated as the Division has determined that the components of TN (Total Kjeldahl Nitrogen and Nitrate plus Nitrite Nitrogen) should also be reported in eDMR. The sample type for Total Nitrogen has been changed to calculated. • Analysis of eDMR for Total Arsenic did not demonstrate reasonable potential to exceed applicable NC water Quality Standards/criteria (no detections). The limits have been removed from Section A. (1.). Monitoring will be maintained. • Analysis of eDMR for Total Nickel did not demonstrate reasonable potential to exceed applicable NC water Quality Standards/criteria. The limits have been removed from Section A. (1.). Monitoring will be maintained. • Analysis of eDMR for Total Zinc did not demonstrate reasonable potential to exceed applicable NC water Quality Standards/criteria. The limits have been removed from Section A. (l .). Monitoring will be maintained. • Analysis of eDMR for Total Copper demonstrated reasonable potential to exceed applicable NC water Quality Standards/criteria. Limits have been added to Section A. (1.) and the monitoring frequency has been increased to monthly. A compliance schedule has been added as Section A. (4.). • Section A. (2.) regarding Whole Effluent Toxicity (WET) Testing has been updated to the most current version. • Section A. (3.) regarding Discharge Alternatives Evaluation is included in this renewal as no sufficient alternative was identified in the last evaluation and WET failures are still occurring. • Section A. (4.) has been added as a compliance schedule for the new Total Copper limits. E Q�� North Carolina Department of Environmental Quality I Division of Water Resources _ 512 North Salisbury Street 11618 Mail Service Center I Raleigh, North Carolina 27699-1618 NORTH CAROLINA oep rn^Moje Imme^ lQuifty /� 919.707.9190 • Section A. (5.) has been updated regarding electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). Please note that Blackmar Gut is listed as an impaired waterbody on the North Carolina 303(d) Impaired Waters List. Addressing impaired waters is a high priority with the Division, and instream data will continue to be evaluated. If there is noncompliance with this permit's effluent limits and stream impairment can be attributed to your facility, then mitigative measures may be required. The NPDES standard conditions (Parts II, III, and IV) that are a part of the permit are not included in this draft document (cover, map, and Part I). The conditions are the same as in your current permit except that agency and division names have been updated. The latest version is available at https://bit.ly/3k5NFaL and can be viewed online or downloaded as a PDF file. With this notification, the Division will solicit public comment on this draft permit by publishing a notice in newspapers having circulation in the general Dare County area, per EPA requirements. Please provide your comments, if any, to me at the address below no later than 30 days after receiving this draft permit. Your written comments are welcome, but they are not mandatory. Following the 30-day public comment period, the Division will review all pertinent comments and take appropriate action prior to issuing a final permit. If you have questions concerning the draft, please contact Sara Bassett at (919) 707-3600 or via e-mail at Sara.Bassett@deq.nc.gov. Sincerely, Sara Bassett Environmental Specialist I NPDES Compliance and Expedited Permitting cc: NPDES File Washington Regional Office [Laserfiche] Operator Certification Program [Laserfiche] Aquatic Toxicology Branch [Laserfiche] US Fish and Wildlife Service NC Wildlife Resources Commission NPDES Permit NCO083909 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PDES In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Dare County is hereby authorized to discharge wastewater from a facility located at the Rodanthe/Waves/Salvo Reverse Osmosis Water Treatment Plant 23697 Highway 12, Rodanthe Dare County to receiving waters designated as Blackmar Gut in the Pasquotank River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on October 31, 2030. If the permittee intends to continue to discharge at the facility beyond the term of this permit, a renewal application must be submitted no later than May 4, 2030 (180 days before the expiration of this permit). Signed this day Caroline Robinson Compliance and Expedited Permitting Unit Supervisor Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 9 NPDES Permit NCO083909 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge, are hereby revoked. The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. The conditions, requirements, terms and provisions of this permit authorizing discharge under the NPDES govern discharges from this facility. Dare County is hereby authorized to: Continue to operate a Reverse Osmosis water treatment plant with a discharge of reverse osmosis concentrate reject water. This water treatment plant currently has a design potable flowrate of 1.25 MGD and a maximum, monthly average wastewater discharge of 0.188 MGD. This facility is located at 23697 Highway 12 in Rodanthe in Dare County. Water and wastewater treatment consists of: • Replaceable cartridge filters • Inhibitor addition system • Reverse osmosis unit • Submerged discharge Chemical usage consists of: • Antiscalant- Vitec 5100 • Cleaning chemical- Avista RoClean P 111 and P903. 2. Discharge from said drinking water treatment facility at the location specified on the attached map into Blackmar Gut [stream segment 30-22-13], currently classified SA-HQW waters in subbasin 03- 01-55 [HUC: 030102051505] in the Pasquotank River Basin. Page 2 of 9 NPDES Permit NCO083909 PART I. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [ 15A NCAC 02B .0400 et seq., 02B .0500 et seq.] PCNC Water Pollution Control System [15A NCAC 08G .0306] During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge through a diffuser from Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS (eDMR Codes) LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location z Flow MGD 50050 0.221 MGD I Continuous Recording E Dissolved Oxygen m /L 3 00300 Monitor & Report Monthly Grab E, U, D Salinity th 00480 Monitor & Report Monthly Grab E, U, D Conductivity mhos/cm 00094 Monitor & Report Monthly Grab E, U, D PH (s.u.) (00400) Not < 6.8 S.U. nor > 8.5 S.U. 2/Month Grab E H s.u. 00400 Monitor & Report Monthly Grab U, D Total Residual Chlorine (50060) 13 µg/l 2/Month Grab E Total Dissolved Solids (70295) m /L Monitor & Report Monthly Grab E Turbidity ntu 00070 Monitor & Report Monthly Grab E Total Arsenic 01002 Monitor & Report Monthly Grab E Total Zinc (µg/L) (01092) Monitor & Report Monthly Grab E Total Nickel /L 01067 Monitor & Report Monthly Grab E Ammonia Nitrogen m /L C0610 Monitor & Report Monthly Grab E Total Copper /L s 01042 5.78 /1 1 3.73 /l Monthly Grab E Total Selenium /L 01147 Monitor & Report Quarterly Grab E TKN (m /L) 6 (00625) Monitor & Report Quarterly Grab E NO3-N + NO2-N (m /L) 6 (00630) Monitor & Report Quarterly Grab E Total Nitrogen m /L) 6 (C0600) Monitor & Report Quarterly Calculated E Total Phosphorus m /L C0665 Monitor & Report Quarterly I Grab E WET Monitoring' TGE3E Monitor & Report Quarterly Grab E Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see Section A. (5)]. 2. E = Effluent, effluent samples shall be collected at point after mixing of effluent wastewater from all treatment units and prior to discharge, unless otherwise noted. U = Upstream, 27 feet north of the discharge outfall, D = Downstream, 50 feet south of the discharge outfall. 3. The permittee may petition the Division to have Dissolved Oxygen (DO) monitoring removed as part of the next permit renewal application. The facility must demonstrate that the discharge has no significant impact on the DO and temperature levels in the receiving stream. 4. Limit and monitor only if the facility adds chlorine or chlorine derivatives to water that is eventually discharged. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory including field certified), even if these values fall below 50 µg/L. 5. See Section A. (4.) for compliance schedule. Page 3 of 9 NPDES Permit NCO083909 6. For a given wastewater sample, TN = TKN + NO3-N + NOz-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively. 7. Acute Toxicity 24-hr Pass/fail Monitoring: January, April, July, and October. Permittee shall use mysid shrimp as the test organism unless another organism of equal or greater sensitivity is deemed more appropriate based on the characteristics of the discharge and receiving stream. See Special condition A. (2) for details. Conditions: All samples collected should be from a representative discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (2.) ACUTE TOXICITY PASS/FAIL MONITORING ONLY (QUARTERLY) [ 15A NCAC 02B .0200] [15A NCAC 02B .0500 et seq.] The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology for Determining Acute Toxicity In A Single Effluent Concentration" (Revised -December 2010, or subsequent versions). The monitoring shall be performed as a Mysid Shrimp (Mysidopsis Bahia) 24-hour test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). The tests will be performed during the months of January, April, July, and October. These months signify the first month of each three-month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered electronically using the Division's eDMR system for the month in which it was performed, using the parameter code TGE3E. Additionally, DWR Form AT-2 (original) is to be sent to the following address: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, NC 27699-1621 Or, results can be sent to the email, ATForms.ATB@deq.nc.gov. Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report Page 4 of 9 NPDES Permit NCO083909 with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (3.) DISCHARGE ALTERNATIVES EVALUATION [15A NCAC 02H .0105] The Permittee shall assess potential alternatives to eliminate Whole Effluent Toxicity (WET) test failures. This evaluation shall assess the feasibility of all the following alternatives. 1. Connect discharge to a WWTP: Determine whether the wastewater can be discharged to a wastewater treatment plant. Approval or disapproval from the plant operator should be acquired. 2. Obtain a Non -discharge permit: Eliminate the surface water discharge by obtaining a non - discharge permit for spray irrigation, infiltration, or subsurface disposal (on -site drain field, infiltration gallery, injection wells). 3. Install Wastewater Treatment: Install improved wastewater treatment to enable the facility effluent to consistently pass the WET test. If this is not technically feasible or cost prohibitive, please explain, and provide estimated costs. 4. Use Alternative Water Treatment Source: Obtain drinking water from another source (nearest County, City, or Town or other wells) so the discharge or toxicity problem is eliminated. 5. Use Alternative Water Treatment Method: Install alternative and/or innovative water treatment methods or operational improvements that do not produce toxic wastewaters. For example, install a recycle iron/manganese filtration system with no discharge or combine discharge with WWTP or cooling water effluents. 6. Discharge to a Larger waterbody/Perform a dilution model: Relocate the facility's discharge to a larger receiving waterbody to eliminate or reduce toxic impacts to the receiving waterbody given the increased dilution. If applicable, perform a dilution model to receive allowance for stream dilution in WET test. 7. Combination of Alternatives: Employ any combination of the alternatives listed above that would result in eliminating or decreasing toxicity until a more feasible solution becomes available. Page 5 of 9 NPDES Permit NCO083909 The evaluation shall include a present value of costs analysis for all technologically feasible options as outlined in the Division's "Engineering Alternatives Analysis (EAA) Guidance Document." This Document can be found at: https://www.deq.nc.gov/about/divisions/water-resources/permitting/npdes- wastewater/npdes-permitting-process/npdes-individual-permit-applications This evaluation is being requested to determine whether there are any economical and technologically feasible alternatives available to the Permittee to address aquatic toxicity in the plant effluent. Based upon the evaluation, please identify viable alternatives, and present an implementation schedule and project timeline for the preferred alternative. The Permittee shall submit the Discharge Alternatives Evaluation to the Division along with the submission of their next permit renewal application (due 6 months prior to permit expiration) to: NC DEQ / Division of Water Resources NPDES Wastewater Permitting Branch 1617 Mail Service Center, Raleigh, NC 27699-1617 A. (4.) SCHEDULE OF COMPLIANCE FOR COPPER (OUTFALL 001) [G.S. 143-215.1(b), 40 CFR Part 122] (a.) No later than one year from the effective date of the permit the Permittee shall submit to the Division of Water Resources a Corrective Action Plan summarizing the actions or strategy to be taken to achieve compliance with the Total Copper limits at Outfall 001. Specific dates for completion or implementation of each action shall be included. (b.) No later than two years from the effective date of the permit the Permittee shall submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. (c.) No later than three years from the effective date of the permit the Permittee shall submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. (d.) No later than four years from the effective date of the permit the Permittee shall submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. (e.) The Permittee shall achieve compliance with Total Copper limits specified in Section A. (1) no later than five years from the effective date of the permit. (f.) Upon approval of the Corrective Action Plan by the Division, the report and actions become an enforceable part of this permit. Any modifications to the schedule shall be requested to the Division at least ninety (90) days before the deadline. Modifications to the schedule more than four months will be subject to public notice. (g.) The Corrective Action Plan and reports shall include the owner's name, NPDES permit number and Permittee contact person, and shall be submitted to: And, NCDEQ/Division of Water Resources Water Quality Regional Operations 943 Washington Square Mall Washington, NC 27889 Page 6 of 9 NPDES Permit NCO083909 NCDEQ/Division of Water Resources NPDES Wastewater Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 (h.) No later than 14 days following each interim date and the final date of compliance, the Permittee shall notify the Division in writing of its compliance or noncompliance with the interim or final requirements, or submit progress reports. A. (5.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS [G.S. 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reportin2 Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)] The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted monthly electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. The eDMR system may be accessed at: https:Hdeq.nc.gov/about/divisions/water-resources/edmr. If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 See "How to Request a Waiver from Electronic Reporting" section below. Page 7 of 9 NPDES Permit NC0083909 Monitoring results obtained during the previous month(s) shall be summarized for each month and reported via the eDMR system no later than the last calendar day of the month following the completed reporting period. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2025, the permittee must electronically report the following compliance monitoring data and reports, when applicable: Sewer Overflow/Bypass Event Reports; and Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state. Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: https://www.federalregister.gov/documents/2015/10/22/2015- 24954/national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 3. How to Request a Waiver from Electronic Reporting The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division. Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may Page 8 of 9 NPDES Permit NC0083909 submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, 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 information submitted. Based on my inquiry of the person or persons who manage the system, or 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 f nes and imprisonment for knowing violations. " 5. Records Retention [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 9 of 9 I L D L I F E o Light Approximate Facility Location e i Uncle Timg m Landin::.` '. Outfa I I Greens Pt 1' North Drain c .. 12 fGsrnPBro d �L I. s. Aunt Fhoe%res Q r �O : ":. . . ..:. Dare County Rodanthe/Waves/Salvo Reverse Osmosis WTP NPDES Permit NCO083909 Receiving Stream: Blackmar Gut Stream Class: SA; HQW Stream Segment: 30-22-13 Sub -Basin #: 03-01-55 River Basin: Pasquotank HUC: 0301020515 County: Dare N SCALE 1:24,000 .A Facility Location scale not shown USGS Quad: Rodanthe 35.595560,-75.470280