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17 <br /> State of North Carolina <br /> Department of Environment, <br /> Health and Natural Resources r4i Division of Environmental Management James B. Hunt, Jr., Governor fi <br /> Jonathan B. Howes, Secretary ED E= <br /> A. Preston Howard, Jr., P.E., Director <br /> January 7, 1994 <br /> Mr.Alan K. Whitaker,President <br /> Piney Mountain Homeowners Associaton <br /> 4729 Tap Root Lane <br /> Durham,North Carolina 27705 <br /> Subject: Piney Mountain Subdivision <br /> Wastewater Disposal Alternatives <br /> Orange County <br /> Dear Mr.Whitaker <br /> The Division of Environmental Management has been asked to review and comment to you <br /> on the December 8, 1993 letter prepared by Barrett Kays&Associates concerning potential <br /> discharge alternatives for the subject facility. At the onset, I must say that if a A—I <br /> decision regarding the potential of a surface water discharge is necessary, an NPDES <br /> application prepared in accordance with the requirements of 15A NCAC 2H .0100 would <br /> have to submitted to our division for consideration. Since no application has been <br /> received, the opinion-we give here is advisory only and assumes the accuracy of the <br /> information in Barrett Kays & Associates' letter. With this caveat, we agree with the <br /> conclusion in Barrett Kays&Associates'letter that the division would not desire to issue a <br /> discharge permit for Piney Mountain Subdivision because it would be undesirable for <br /> reasons which follow. <br /> North Carolina General Statute 143-215.1 requires that a permit be obtained prior to any <br /> discharge to the surface waters of North Carolina. Furthermore, the statutes state that all <br /> permit decisions require that the practicable waste treatment and disposal alternative with <br /> the least adverse impact on the environment be utilized. The reason for this is that <br /> nondischarge alternatives such as recycling, subsurface disposal, spray irrigation and <br /> connection to regional waste treatment facilities, where feasible, are all more <br /> environmentally sound alternatives as compared to surface water discharges. Even in the <br /> name of the program authorized by the Clean Water Act,the National Pollutant Discharge <br /> Elimination System(NPDES),the intent of nondischarge preference is implied. <br /> Title 15A of the North Carolina Administrative Code 2H .0100 further elaborates on the <br /> requirements for an NPDES permit. One important aspect of an NPDES permit application <br /> is to provide a summary of waste treatment and disposal options and why the proposed <br /> system and point of discharge were selected. The rule further requires that the summary <br /> should have sufficient detail to assure that the most environmentally sound alternative was <br /> selected from the reasonably cost effective options. The division has prepared guidance for <br /> permit applicants to utilize in conducting technical and financial evaluation of potential <br /> disposal alternatives which clearly identifies nondischarge preferences superior to potential <br /> discharge alternatives. <br /> P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919.733-2496 <br /> An Equal Opportunity Affirmative Action Employer 509'6 recycled!10%post-consumer paper <br />