NCG060047_Amendment to ACOC CWA-04-2017-4769_20180213

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
yy REGION 4
W ATLANTA FEDERAL CENTER
61 FORSYTH STREET
�21,44 PRo".., ATLANTA, GEORGIA 30303-8960
CERTIFIED MAIL 7017 1450 0000 7913 1190 FEB 0 6 2018
RETURN RECEIPT REQUESTED
Mr. Michael Sullivan
Processing Operations Leader
Cargill, Incorporated
CASCNA
15407 McGinty Road West
Wayzata, Minnesota 55391
FEB 13 2010
LPJNID WALL T Y SEC T IO'N
Re: Amendment to Administrative Compliance Order on Consent NOMWMI-94-11"MAUMOM
�l FFS Tc0,: N } 00 argill, Incorporated
Dear Mr. Sullivan:
The United States Environmental Protection Agency, Region 4 is in receipt of your request dated
January 3, 2018, for an extension of the December 31, 2017, deadline as set forth in paragraph 24 of
the Administrative Compliance Order on Consent fective
August 14, 2017. In consideration of the circumstances'm this situation, the EPA has agreed to amend
the AOC as set forth in the enclosed Amendment to the AOC. If you are in agreement with the terms,
please sign and return the enclosed Amendment to the AOC to the EPA at the mailing address listed on
the letterhead. The Amendment to the AOC will then become effective upon Cargill, Incorporated's
receipt of the fully executed Amendment to the AOC signed by the EPA Region 4 Water Protection
Division Director.
Should you have any questions or concerns concerning the enclosure, please contact Mr. Kenneth Kwan at
[phone] or via email at [e-mail]. Legal inquiries should be directed to Mr, Patrick
Johnson, Associate Regional Counsel, at [phone] or via email at [e-mail].
Enclosure
Sincerely,
Molly Davis, Acting Chief
NPDES Permitting and Enforcement Branch
Water Protection Division
I -RECEIVED
cc: Mr. Mike Randell
North Carolina Department of Environmental Quality FEB 13 2010
DENR-LAND QUALITY
Mr. Toby Vinson CTORMWATER PERMITTING
North Carolina Department of Environmental Quality
Mr. Thomas Macleod, Esq.
Cargill, Incorporated Internet Address (URL) • http://www.epa.gov
Recycled/Recyclable • Printed,with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
IN THE MATTER OF: )
CARGILL, INCORPORATED )
FAYETTEVILLE, NORTH CAROLINA,)
)
RESPONDENT. )
AMENDMENT TO
ADMINISTRATIVE COMPLIANCE
ORDER ON CONSENT
DOCKET NO. CWA-04-2017-4769
AMENDMENT TO ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT
I. COMPLIANCE DATE EXTENSION
1. The U.S. Environmental Protection Agency and Cargill, Incorporated (Respondent)
entered into an Administrative Compliance Order on Consent (AOC), effective August 14, 2017.
Paragraph 24 of this AOC requires the Respondent to install structural stormwater controls or other
equivalent BMPs if the Respondent fails to have three consecutive valid monthly sample results
below benchmark values or within benchmark rangq by December 31, 2017 at specified outfalls at
the soybean and peanut processing facility owned/and or operated by the Respondent located at 1579
Underwood Road, Fayetteville, North Carolina.
2. On January 3, 2018, the Respondent requested an extension of the compliance date found
in paragraph 24 of the AOC from December 31, 2017, to April 30, 2018.
3. Pursuant to the authority of Sections 308 and 309(a) of the Clean Water Act, 33 U.S.C.
§§ 1318 and 1319(a), THE DIRECTOR HEREBY ORDERS AND THE RESPONDENT HEREBY
AGREES AND CONSENTS TO THE PROVISIONS OF THE FOLLOWING AMENDED
SUBSECTIONS OF PARAGRAPH 24 OF THE AOC:
a. The Respondent shall continue monthly monitoring at outfalls FV002 and FV006 for all
parameters as specified in Part II, Section B of the Permit. This AOC shall terminate if
three consecutive valid monthly sample results at outfalls FV002 and FV006 show all
discharge characteristics below all benchmark values or within benchmark range as
specified in Part II, Section B, Table 3 of the Permit before April 30, 2018.
b. If the Respondent fails to have three consecutive valid monthly sample results for all
parameters below all benchmark values or within benchmark range by April 30, 2018 at
outfalls FV002 and FV006, the Respondent is required to install structural stormwater
controls or other equivalent Best Management Practices (`BMPs"). The structural
stormwater controls or other equivalent BMPs must be properly selected based on site-
specific conditions and must be designed to ensure that all discharge characteristics are
below all benchmark values or within benchmark range as specified in Part II, Section B,
Table 3 of the Permit. The plan and specifications of these structural stormwater controls

or other equivalent BMPs must be certified by a professional engineer. This AOC shall
then terminate when three consecutive valid monthly sample results at outfalls FV002
and FV006 show all discharge characteristics below all benchmark values or within
benchmark range and the Respondent certifies that all structural stormwater controls or
other equivalent BMPs have been implemented.
4. Except as expressly agreed in the foregoing paragraphs, this Amendment to the AOC
does not otherwise affect, alter, or amend the requirements of the AOC.
5. This Amendment to the AOC shall become effective upon receipt by the Respondent of a
fully executed copy.
AGREED AND CONSENTED TO:
4
For COMPLAINANT, U.S. ENVIRONMENTAL PROTECTION AGENCY:
Datef
Mary S. Walker
Director
Water Protection Division
For RESPONDENT, CARGILL, INCORPORATED:
Date:
Michael Sullivan
Processing Operations Leader
Cargill, Incorporated