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HomeMy WebLinkAboutWQ0031725_Regional Office Historical File Pre 2018w.,qT� Michael F. Easley, Governor CEO qQ William G. Ross Jr., Secretary North Carolina Department of Environment and Natural. Resources > y e S 11' i or _..� D i o September 18, 2007 SEP 2 6 200 MR. STEPHEN GOUGE, WASTEWATER TREATMENT SUPERVISOR BAXTER HEALTHCARE CORPORATION P.O. Box 1390 MARION, NC 28752 Subject: 'Permit No. WQ0031725 Baxter Healthcare Corporation Land Application of Residual Solids McDowell -County Dear Mr. Gouge: In accordance with your permit application received April .19, 2007, and subsequent additional information received July 25, 2007, August 10, 2007, and August 30, 2007, we are forwarding herewith Permit No. WQ0031725, dated September 18, 2007, to Baxter Healthcare Corporation for the operation of the subject land application of residuals solids program. In this permit, a total of 80.80 acres of land are being transferred from the Lincoln County residuals land application program to Baxter Healthcare land application program. In order to match the site capacity of the program, the maximum volume of residuals that may be land applied is being adjusted from the proposed volume of 200 Dry tons per year to 184.0 Dry tons per year. In the event that the Permittee wishes to increase the annual volume of residuals that maybe land applied, the Permittee shall seek out additional land application sites and submit a permit modification application to the Division for approval of additional land application sites. This permit shall be effective from the date of issuance until August 31, 2012 and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Of special interest to you may be the following: e Condition M. WhL* If the pH is not maintained in the soil, residuals, and lime mixture, greater than 6.0, on land application sites onto which residuals are applied. Residuals maybe applied to the sites provided that sufficient amounts of lime is also applied to achieve a final pH of the soil mixture of at least 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals, and lime mixture is suited for the specified crop type. Please note that the residuals analytical reports submitted with this application show that Baxter Healthcare produces residuals with low pH (< 6.0) and according to the soil reports from fields T-1, S-1, and S-2, the soil pH is also less than 6.0. Aquifer Protection Section 1.636 Mail Service Center Raleigh, NC 27699-1636 Internet: www.ncwatgAuality.org Location: 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Novi thCarolina Naturally Telephone: (919) 733-3221 Fax 1: (919) 715-0588 Fax 2: (919)715-6048 Customer Service: (877) 623-6748 If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicafory hearing upon written request within thirty (30) days following receipt of this ,permit.;;This,request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service -Center, Raleigh, NC 27'699 6714. Unless such demands are made this permit shall be final and binding. _:._.. If yoTneedkadditional information concerning this matter, please contact Chonticha McDaniel at (919) 715-6188 or chonticha.mcdaniel@ncmail.net. Sincerely, for Coleen H. Sullins cc: McDowell County Health Department Catawba County Healt De,Partment Moor 2:egi4c; C�}ffic Aquifer Protection Section 0 Southern Soil Builders, Inc. Technical Assistance and Certification Unit APS Central Files LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF RESIDUAL SOLIDS 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 Baxter Healthcare Corporation McDowell County FOR THE operation of a residuals land application program for Baxter Healthcare Corporation and consisting of the land application of residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A to the land application sites listed in the most recently -certified Attachment B with no discharge of wastes to surface waters, pursuant to the permit application package received on April 19, 2007 as well as the additional information received on July 25, 2007, August 10, 2007, and August 30, 2007, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until August 31, 2012 and shall be subject to the following specified conditions and limitations: I. SCHEDUALS (please review the entire permit for reporting, monitoring, and other on -going activitiesl No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. H. PERFORMANCE STANDARDS The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this residuals land application program 2. No residuals other than those generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for land application in accordance with this permit. WQ0031725 Version 1.0 Shell Version 070228 Page 1 of 14 3. Only the land application sites listed in the most recently certified Attachment B of this permit are approved for residuals land application. A permit modification application is required for any new land application sites to be added to Attachment B. 4. The pollutant concentrations in any residuals that are land applied to any land application site shall not exceed the following Ceiling Concentrations (i.e., dry weight basis): Parameter Ceiling Concentration (milligrams per kilogram) Arsenic 75 Cadmium 85 Copper 4,300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 Selenium 100 Zinc 7,500 The pollutant loading rates on any land application site shall not exceed the following Cumulative Pollutant Loading Dates (CPLRs): Parameter CPLIt (pounds per acre) Arsenic 36 Cadmium 34 Copper 1,338 Lead 267 Mercury 15 Molybdenum n/a Nickel 374 Selenium 89 Zinc 2,498 The Permittee shall determine compliance with the cumulative pollutant loading rates using one of the following methods: 1. Use site specific analytical data from all historical land application events not otherwise exempted. 2. For land on which land application events of residuals has not occurred or for which the data is incomplete, use background concentrations through representative sampling. When residuals are land applied under the conditions of this permit, the Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction and vector attraction reduction requirements. WQ0031725 Version 1.0 Shell Version 070228 Page 2 of 14 7. The facilities permitted herein must be constructed and maintained according to the following setbacks. a. For residuals treatment and storage facilities, the following minimum setbacks shall be maintained (all distances in feet): Description of Setback Setback i. Habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 100 ii. Property lines 50 iii. Private or public water supply 100 iv. Surface waters (streams - intermittent and perennial, perennial waterbodies, and wetlands) 50 v. Wells with exception to monitoring wells 100 b. When land applying residuals to any land application site, the following setbacks shall be maintained (all distances in feet): Setback by type of application Surface Surface Application Application by Inj ection / Description of Setback by Vehicle Irrigation Incorporation i. Habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 400 400 200 ii. Habitable residence or places of public assembly owned by the permittee, the owner of the land, or the lessee/operator of the land to be maintained as part of the project site 0 200 0 iii. Property lines 50 150 50 iv. Public right of way 50 50 50 v. Private or public water supply 100 100 100 vi. Surface Waters (streams — intermittent and perennial, perennial waterbodies, and wetlands) 100 100 50 vii. Surface water diversions (ephemeral streams, waterways, ditches) 25 100 25 viii. Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 25 100 25 ix. Subsurface groundwater lowering system 0 100 0 x. Wells with exception to monitoring wells 100 100 100 xi. Bedrock outcrops 25 25 25 xii. Top of slope of embankments or cuts of two feet or more in vertical height 15 15 15 xiii. Building foundations or basements 0 15 0 xiv. Waterlines 0 10 0 xv. Swimming pools 100 100 100 xvi. Nitrification fields 0 20 0 8. Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a residuals land application event. WQ0031725 Version 1.0 Shell Version 070228 Page 3 of 14 9. Residuals and other sources of Plant Available Nitrogen (PAN) shall be land applied to all land application sites at or below agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved land application site. Realistic Yield Expectations for crop types and specific fields or soils types shall be determined by using any of the following methods: a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science. The Department webpage is located at: http://www.soil.ncsu.edu/mnp/ncnmwa�/ iy elds/ b. Site Specific Historical Data for crop types on specific fields or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. If the RYE cannot be determined using methods 9(a) or (b) above, RYE can be established from specially developed soil interpretation records for Nutrient Management Planning, Farm Service Agency Records, university trials, or inference from crop performance on soil with very similar physical and chemical features. d. Realistic Yields Expectations and acceptable nitrogen application rates that use the above methodology are required parts of many agricultural planning documents. The Permittee may use the RYE and appropriate agronomic rates reported in any of the following documents: i. Crop management plan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by Senate Bill 1217 Interagency Group- Guidance Document: Chapter 1. Guidance for the completion of the plan can be found at: http://www.enr.state.ne.us/DSWC/pages/ iu dance docs.html. iii. Certified Nutrient Management Plan as outlined by Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards, which are available at: ftp•//fti)-fc sc euoy usda.jg,,oy/NHO/practice-standards/standards/590.pdf. e. For any crop type for which the RYE and appropriate nitrogen application rate cannot be determined, the Permittee shall contact the Division to determine necessary action. 10. If the land application sites are to be overseeded (e.g., bermuda grass in the summer and rye grass in the winter with BOTH crops to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will essentially be returned to the soil. Prior to application of PAN to permitted sites at rates exceeding the agronomic rate, the Permittee must submit and receive approval by the Division. WQ0031725 Version 1.0 Shell Version 070228 Page 4 of 14 -11. Should any of the residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit contain a high salt content (i.e., _high sodium adsorption ratio (SAR) of ten (10) or higher), the Permittee shall obtain and implement recommendations from the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina -licensed Soil Scientist, or other agronomist regarding sodium application rate, soil amendments (e.g., gypsum, etc.) or other ameliorative mechanism for maintaining the integrity of the site in terms of suitability for land application of residuals and maintaining conditions conducive to crop growth. The Permittee shall maintain written records of each monitoring event that includes details of the sites covered and rate of soil amendment application. 12. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. Per 15A NCAC 2T .0105(h), upon the request by the Permittee the Compliance Boundary may be located closer to the waste disposal area (provided the groundwater standards can be met at the newly established Compliance Boundary). Any approved relocation of the COMPLIANCE BOUNDARY will be noted in the most recently -certified Attachment B of this permit. An exceedance of Groundwater Standards at or beyond the Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. 13. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(1). 14. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial residuals land application event to any new land application site. In addition, the appropriate county manager's office shall be notified prior to the initial residuals land application event on any new site so that they will be aware that residuals land application activities have commenced on the site. 15. The Aquifer Protection Section of the appropriate Division's regional office shall be notified at least 24 hours prior to the initial residuals land application event on any new land application site. Such notification to the Regional Aquifer Protection Supervisor shall be made during normal office hours (i.e., -from 8:00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding State Holidays. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web site at http://www.enr.state.nc.us/html/regionaloffices.litml. III. OPERATION AND MAINTENANCE REOUIREMENTS 1. The residuals land application program shall be effectively maintained and operated at all times as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .1110 including operational functions, maintenance schedules, safety measures, and a spill response plan. In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease land applying residuals to the site, contact the Aquifer Protection Section of the appropriate Division of Water Quality's (Division) regional office, and take any immediate corrective actions as may be required by the Division. WQ0031725 Version 1.0 Shell Version 070228 Page 5 of 14 3. Upon classification of the residuals land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified land application/residuals operator to be in responsible .charge (ORC) of the program. The operator shall hold a certificate of the type classification assigned to the program by the WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate type' to comply with the conditions of 15A NCAC 8G .0201. 4. This permit shall become voidable if the soils of the land application sites fail to assimilate the residuals or the application causes contravention of surface water or groundwater standards and may be rescinded unless the land application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface waters and groundwater. A copy of this permit shall be maintained in all manned equipment at the land application sites when residuals are being land applied during the life of this permit. The spill prevention and control plan shall be maintained in all residuals transport and application vehicles. 6. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into any surface waters. 7. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored residuals into any surface waters. 8. No residuals shall be stored at any land application site at any time, unless written approval has first been requested and obtained from the Division. 9. Bulk residuals shall not be applied to the land under the following conditions: a. If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species or its designated critical habitat; b. If the application causes prolonged nuisance conditions; c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface water or groundwater standards; d. If the land is flooded, frozen, or snow-covered or is otherwise in a condition such that runoff of the residuals would occur; e. Within the 100-year flood elevation unless the bulk residuals are injected or incorporated within a 24-hour period following the residuals land application event; f. During a measurable precipitation event (i.e., >.01" per hour) or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period. Any emergency residuals land application measures shall first be approved in writing by the Division; g. If the slope for land is greater than 10 percent when bulk liquid residuals are surface applied, and if the slope of the land is greater then 18 percent with bulk liquid residuals are injected or incorporated; h. If the pH is not maintained in the soil, residuals, and lime mixture, greater than 6.0, on land application sites onto which residuals are applied. Residuals may be applied to the sites provided that sufficient amounts of lime is also applied to achieve a final pH of the soil mixture of at least 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals, and lime mixture is suited for the specified crop type. Any approved variations to the acceptable soil pH (6.0) for land application will be noted in the most recently certified Attachment B of this permit. WQ0031725 Version 1.0 Shell Version 070228 Page 6 of 14 i. If the land does not have an established vegetative cover in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist unless the bulk residuals are incorporated within a 24-hour period following the residuals land application event or injected (This requirement does not apply to no -till fields); j. If the vertical separation of the seasonal high water table and the depth of residuals application is less than one foot; k. If the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; 10. For land onto which bulk residual that do not meet the Class A Pathogen Reduction Requirements (15A NCAC 02T .1106(b)), the following public access restrictions apply: a. Public access to public contact sites shall be restricted for one calendar year after any residuals land application event; b. Public access to land that is not a public contact site shall be restricted for 30 days after any residuals land application event; 11. For land onto which bulk residual that do not meet the Class A pathogen Reduction Requirements (15A NCAC 02T .1106(b)), the following harvesting and grazing restrictions apply: a. Animals shall not be allowed to graze on land application sites for 30 days after any residuals land application event. Sites that are to be used for grazing shall have fencing that will be used to prevent access after each event; b. Food crops, feed crops, and fiber crops shall not be harvested for 30 days after any residuals land application event; c. Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after any residuals land application event; d. Food crops with harvested parts below the surface of the land (i.e., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after any residuals land application event when the residuals remain on the land surface for four months or longer prior to incorporation into the soil; e. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after any residuals land application event when the residuals remain on the land surface for less than four months prior to incorporation into the soil; f. Turf grown on land where residuals are applied shall not be harvested for 12 months after any residuals land application event. 12. This permit shall become voidable unless the agreements between the Permittee and the landowners and lessees or operators of any land application sites listed in the most recently -certified Attachment B of this permit not owned by the Permittee are in full force and effect. These agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed at the same time the permit is renewed. WQ0031725 Version 1.0 Shell Version 070228 Page 7 of 14 13. Upon entering an agreement with landowners to apply residuals to a land application site, the Permittee shall require of the landowner or lessee/operator . a statement detailing the volume of nutrient sources (waste residuals, manufactured fertilizers, manures, or other animal waste products) other than the residuals to be applied by the Permittee, that have been applied to the land, and a copy of the most recent Nutrient Management Plan (NMP), if available, for the fields within the agreement. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan (WUP) or Certified Nutrient Management Plan (CLAMP) shall also be considered a Nutrient Management Plan. The NMPs must be provided only for those operations where a NMP is required by the US Department of Agriculture — National Resources Conservation Service (MRCS) or other State Agencies. The Permittee shall rely on the provided information to calculate appropriate reductions in allowable nutrient loading rates. If the calculation shows that the agronomic rates in the NMP (including PAN) have already been met or exceeded on a field, no additional residuals shall be land applied to that field. IV. MONITORING AND REPORTING REQUIREMENTS Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. 2. Residuals generated by each residuals source -generating facility listed in the most -recently -certified Attachment A of this permit shall be analyzed to demonstrate that they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted on residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit. The analyses shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source -generating facility are insufficient to require a land application events during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application occur during an entire year when annual monitoring is required), no sampling data is required during the period of inactivity. The Permittee shall submit an annual report, as required in condition IV. 10., even in the event that no land application events occur during an entire year; the annual report shall'include an explanation for missing sampling data. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. WQ0031725 Version 1.0 Shell Version 070228 Page 8 of 14 The TCLP analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic. (5.0) 1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0) Barium (100.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) Benzene (0.5) 1,1-Dichloroethylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5) Chloroform (6.0) Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0) m-Cresol (200.0) Lead (5.0) 2,4,6-Trichlorophenol (2.0) o-Cresol (200.0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0) p-Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2) Cresol (200.0) Methoxychlor (10.0) 2,4-D (10.0) Methyl ethyl ketone (200.0) After the residuals have been monitored as specified above for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to request a reduction of this monitoring requirement. In no case, however, shall the frequency of monitoring be less than once per permit cycle. 3. An analysis shall be conducted on residuals generated by each residual source -generating facility listed in the most recently certified Attachment A of this permit. The analysis shall be performed at the frequency specified in the most recently certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Ammonia -Nitrogen Arsenic Cadmium Calcium Copper Lead Sodium Adsorption Ratio (SAR) Magnesium pH Mercury Plant Available Nitrogen (by calculation) Molybdenum Nickel Nitrate -Nitrite Nitrogen Phosphorus Potassium Selenium Sodium % Total Solids TKN Zinc If residuals generated by a particular residuals source -generating facility are insufficient to require a land application events during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application occur during an entire year when annual monitoring is required), the Permittee shall make up the missed sampling either by taking additional samples during land application events previous to a planned period of inactivity or by taking additional samples during land application events immediately following the period of inactivity. The Permittee shall submit an annual report, as required in condition IV. 10., even in the event that no land application events occur during an entire year; the annual report shall include an explanation of additional sampling data intended to compensate for periods of inactivity, or an explanation for missing sampling data WQ0031725 Version 1.0 Shell Version 070228 Page 9 of 14 Residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit shall be monitored for compliance with Condition H. 6. The monitoring shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and data to verify pathogen and vector attraction reduction of the residuals shall be maintained on file by the Permittee for a minimum of five years. The required data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear compliance with the Class A pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b) or the Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. In addition, the Environmental Protection Agency (EPA) certification statements concerning compliance with pathogen reduction requirements, vector attraction reduction requirements, and management practices shall be completed at the frequency specified in the most recently -certified Attachment A of this permit by the proper authority or authorities, if more than one is involved (i.e., either the person who prepares the residuals, the person who derives the material, or the person who applies the residuals). Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition 11. 6. in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. A representative annual soils analysis.(i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site on which a residuals land application event in the respective calendar year has occurred or is to. occur, and the results shall be maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Exchangeable Sodium Percentage (by calculation) Calcium Magnesium Phosphorus Cation Exchange Capacity Manganese Potassium Copper Percent Humic Matter Sodium Base Saturation (by calculation) pH Zinc 6. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., and Condition IV. 4. shall be performed/gathered on the residuals as they are to be land applied. 7. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., Condition IV. 4., and Condition IV. 5. shall be in accordance with 15A NCAC 02B .0505. Proper records shall be maintained by the Permittee tracking all residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number as listed in Attachment B); d. Method of land application; e. Weather conditions (e.g., sunny, cloudy, raining, etc.); f. Predominant Soil Mapping Unit (e.g., CbB2); g. Soil conditions (e.g., dry, wet, frozen, etc.); h. Type of crop or crops to be grown on field; i. Nitrogen Application Rate based on RYES. j. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, wet ton per acre, or kilograms per hectare; WQ0031725 Version 1:0 Shell Version 070228 Page 10 of 14 k. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or kilograms per hectare (if applicable); 1. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, wet tons per acre, or kilograms per hectare (if applicable); and m. Annual and cumulative totals of dry tons per acre of residuals as well as animal waste and other sources of nutrients (e.g., if applicable), annual and cumulative pounds per acre of each heavy metal (e.g., shall include, but shall not be limited to; arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. 9. All records required as part of this permit shall be retained a minimum of five years. 10. Three copies of an annual report shall be submitted on or before March 1st. The annual report shall meet the requirements described in the Instructions For Residuals Application Annual Reporting Forms. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http://h2o.enr.state.ne.us/lau/compliance.html, or can be obtained by contacting the Land Application Unit directly. The annual repost shall be submitted to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 11. Noncompliance Notification The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence with the land application program which results in the land application of significant amounts of wastes which are abnormal -in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to receiving waters. c. Any time that self -monitoring information indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residual treatment. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals. For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours must be reported to the Division's Emergency Response .personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733- 3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) 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. WQ0031725 Version 1.0 Shell Version 070228 Page 11 of 14 V. INSPECTIONS 1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation of the subject facilities. 2. Prior to each residuals land application event, the Permittee or his designee shall inspect the residuals storage, transport, and application facilities 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. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of. this permit; and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS This permit shall become voidable unless the residuals land application events are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. Failure to abide by the conditions and limitations contained in this permit 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. 4. The annual administering and compliance fee shall be paid by the Permittee within 30 days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit, as specified by 15 NCAC 2T .0105 (e): The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. 7. This permit shall not be automatically transferable. In the event that there is a desire for the residuals land application program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division 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. WQ0031725 Version 1.0 Shell Version 070228 Page 12 of 14 Permit issued this the 18U' day of September, 2007. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Cole& H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0031725 WQ0031725 Version 1.0 Shell Version 070228 Page 13 of 14 THIS PAGE BLAND WQ0031725 Version 1.0 Shell Version 070228 Page 14 of 14 ATTACHMENT A - Approved Residual Sources Permit Number: WQ0031725 Version: 1.0 Baxter Healthcare Corporation Monitoring Monitoring Approved Permit Issued Is Maximum Frequency Frequency for Minerali- Owner FacilityCounty Name tY Number By 503? Dry Tons for Condition IV. 3. nation Per Year Condition and Condition Rate IV. 2. IV. 4. Baxter Healthcare Corporation Baxter Healthcare Corporation McDowell NC0006564 DWQ 503 184 Annually Annually 0.30 Total 184 WQ0031725 Version 1.0 Shell Version 070228 Page 1 of 2 THIS PAGE BLANK WQ0031725 Version 1.0 Shell Version 070228 Page 2 of 2 19E Z26 V nd `Counvy but x PJ ATTACHMENT B - APPROVED LAND APPLICATION SITES Permit Number: WQ0031725 Version: 1.0 Baxter Healthcare Corporation Field/ Site Owner Lessee County Latitude Longitude Net Acreage Dominant Soil Series S-01 Setzer, Trilby T Teague, Derek Lee Catawba 35037'60" 81004127" 19.80 CmB2-Cecil S-02 Setzer, Trilby T Teague, Derek Lee Catawba 35037'50" 81004'42" 25.00 HsB2-Hiwassee T-01 Teague, Larry Gray Teague, Derek Lee Catawba 35°37'19" 81005'37" 26.00 HsB2-Hiwassee T-02 Teague, Larry Gray Teague, Derek Lee Catawba 35037'34" 81005'47" 10.00 MgC2-Madison Total Catawba 80.80 WQ0031725 Version 1.0 Shell Version 070228 Page 1 of 2 THIS PAGE BLANK WQ0031725 Version 1.0 Shell Version 070228 Page 2 of VICINITY MAP +""' �: "` .� � F "'..`.*-� . °^ :,. �'�kr. •�... a .sr x �'"F : r [xnw ,., ,-r 1[ a: _, �27 ' V °/ "Urr4y �• f A IzL '. � '+�° ° k A 4/ N - w_Y. y�'Us ,°I, S, AVD � � ` '�i"va �d �1.: �r� - 'tlg1 ` � �R Er. _ `,fp� H;'� A \" .. �a / � �e� >✓ a• $$A e " AAa ^°•�\ Ftydq P [ `C'd� :..o 4 g` 7J 6 a ""oanC MJ p4fr[ \ d9 QJ7 pt01 � l'RL �I� aG P Q. 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'L t a {�d ra, �s4 �t tifa S ) nM1 r art,•+ � .+ a �bty�sa •.' f , • + -' g r ', trh y IN � z ''• 4. G k ^s� Y fi r '. .rt1 t 3 r° rr6 < • �'�'• v _� >( r�tafi'{ FM p�` i.. [i 1 ) aM �R••E4a t -. ry r'M`. r t '�,Y,� jb x•14ri� L` i s 4 v r �l •. � t e t • �i��"^"�4i '6FCk :., �s�y �3 tj • M t sa•fi h�• _ "!. £ s d• t vb r'�a •ci P°ram t ., r i �s7'�-•u. r.;� •.rE _ 'kr tl. S^._ a ti ; �� a r yt arw�h $; W.A 7.�9pG Michael F. Easley, Governor William G. Ross Jr., Secretary y North Carolina Department of Environment and Natural Resources l S �{oi�ee Fa. S 11' M i or p � j vi]ivi91. - �J 1 September 18, 2007 SEP 2 6 20u MR. STEPHEN GOUGE, WASTEWATER TREATMENT SUPERVISOR NL; L7ClVs� +vir.v BAXTER HEALTHCARE CORPORATION ®lIL�-A�u'fc:r Protoctiort P.O. Box 1390 MARION, NC 28752 Subject: 'Permit No. WQ0031725 Baxter Healthcare Corporation Land Application of Residual Solids McDowell -County f-� Dear Mr. Gouge: In accordance with your permit application received April .19, 2007, and subsequent additional information received July 25, 2007, August 10, 2007, and August 30, 2007, we are forwarding herewith Permit No. WQ0031725, dated September 18, 2007, to Baxter Healthcare Corporation for the operation of the subject land application of residuals solids program. In this permit, a total of 80.80 acres of land are being transferred from the Lincoln County residuals land application program to Baxter Healthcare land application program. In order to match the site capacity of the program, the maximum volume of residuals that may be land applied is being adjusted from the proposed volume of 200 Dry tons per year to 184.0 Dry tons per year. In the event that the Permittee wishes to increase the annual volume of residuals that maybe land applied, the Permittee shall seek out additional land application sites and submit a permit modification application to the Division for approval of additional land application sites. This permit shall be effective from the date of issuance until August 31, 2012 and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Of special interest to you may be the following: Condition III. 9(h).,' If the pH is not maintained in the soil, residuals, and lime mixture, greater than 6.0, on land application sites onto which residuals are applied. Residuals may be applied to the sites provided that sufficient amounts of lime is also applied to achieve a final pH of the soil mixture of at least 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals, and lime mixture is suited for the specified crop type. Please note that the residuals analytical reports submitted with this application show that Baxter Healthcare produces residuals with low pH (< 6.0) and according to the soil reports from fields T-1,'S-1, and S-2, the soil pH is also less than 6.0. N','AhCarolina Naturally Aquifer Protection Section 1.636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 Internet: www.ncwaterouality.ore Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0588 Fax 2: (919) 715-6048 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Customer Service: (877) 623-6748 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 thirty (30) days following receipt of s..... this permit. -This request must be in the form of a written petition, conforming to Chapter 150B of the 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--adzlitional information concerning this matter, please contact Chonticha McDaniel at (919) 715-6188 or chonticha.mcdaniel@ncmail.net. Sincerely, i for Coleen H. Sullins cc: McDowell County Health Department Catawba County Health Department Mooresville Regional Office, Aquifer Protection Section Zach Key, Southern Soil Builders, Inc. Technical Assistance and Certification Unit APS Central Files LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF RESIDUAL SOLIDS 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 Baxter Healthcare Corporation McDowell County FOR THE operation of a residuals land application program for Baxter Healthcare Corporation and consisting of the land application of residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A to the land application sites listed in the most recently -certified Attachment B with no discharge of wastes to surface waters, pursuant .to the permit application package received on April 19, 2007 as well as the additional information received on July 25, 2007, August 10, 2007, and August 30, 2007, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until August 31, 2012 and shall be subject to the following specified conditions and limitations: I. SCHEDUALS [please review the entire permit for reporting monitoring and other on -going activitiesl No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. IL PERFORMANCE STANDARDS 1. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this residuals land application program No residuals other than those generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for land application in accordance with this permit. WQ0031725 Version 1.0 Shell Version 070228 . Page 1 of 14 3. Only the land application sites listed in the most recently certified Attachment B of this permit are approved for residuals land application. A permit modification application is required for any new land application sites to be added to Attachment B. 4. The pollutant concentrations in any residuals that are land applied to any land application site shall not exceed the following Ceiling Concentrations (i.e., dry weight basis): Parameter Ceiling Concentration (milligrams per kilogram) Arsenic 75 Cadmium 85 Copper 4,300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 Selenium 100 Zinc 7,500 The pollutant loading rates on any land application site shall not exceed the following Cumulative Pollutant Loading Rates (CPLRs): Parameter CPLR (pounds per acre) Arsenic 36 Cadmium 34 Copper 1,338 Lead 267 Mercury 15 Molybdenum n/a Nickel 374 Selenium 89 Zinc 2,498 The Permittee shall determine compliance with the cumulativepollutant loading rates using one of the following methods: 1. Use site specific analytical data from all historical land application events not otherwise exempted. 2. For land on which land application events of residuals has not occurred or for which the data is incomplete, use background concentrations through representative sampling. 6. When residuals are land applied under the conditions of this permit, the Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction and vector attraction reduction requirements. WQ0031725 Version 1.0 Shell Version 070228 Page 2 of 14 7. The facilities permitted herein must be constructed and maintained according to the following setbacks. a. For residuals treatment and storage facilities, the following minimum setbacks shall be maintained (all distances in feet): Description of Setback Setback i. Habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 100 ii. Property lines 50 iii. Private or public water supply 100 iv. Surface waters (streams - intermittent and perennial, perennial waterbodies, and wetlands) 50 v. Wells with exception to monitoring wells 100 b. When land applying residuals to any land application site, the following setbacks shall be maintained (all distances in feet): Setback by type of application Surface Surface Application Application by Inj ection / Description of Setback by Vehicle Irrigation Incorporation i. Habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 400 400 200 ii. Habitable residence or places of public assembly owned by the permittee, the owner of the land, or the lessee/operator of the land to be maintained as part of the project site 0 200 0 iii. Property lines 50 150 50 iv. Public right of way 50 50 50 V. Private or public water supply 100 100 100 vi. Surface Waters (streams — intermittent and perennial, perennial waterbodies, and wetlands) 100 100 50 vii. Surface water diversions (ephemeral streams, - waterways, ditches) 25 100 25 viii. Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 25 100 25 ix. Subsurface groundwater lowering system 0 100 0 x. Wells with exception to monitoring wells 100 100 100 xi. Bedrock outcrops 25 25 25 xii. Top of slope of embankments or cuts of two feet or more in vertical height 15 15 15 xiii. Building foundations or basements 0 15 0 xiv. Waterlines. 0 10 1 0 xv. Swimming pools 100 100 100 xvi. Nitrification fields 0 20 0 8. Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a residuals land application event. WQ0031725 Version 1.0 Shell Version 070228 Page 3 of 14 9. Residuals and other sources of Plant Available Nitrogen (PAN) shall be land applied to all land application sites at or below agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved land application site. Realistic Yield Expectations for crop types and specific fields or soils types shall be determined by using any of the following methods: a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science. The Department webpage is located at: htti)://www.sgil.ncsu.cdu/lim-p/ncm-nw�/vields/ b. Site Specific Historical Data for crop types on specific fields or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. C. If the RYE cannot be determined using methods 9(a) or (b) above, RYE can be established from specially developed soil interpretation records for Nutrient Management Planning, Farm Service Agency Records, university trials, or inference from crop performance on soil with very similar physical and chemical features. . d. Realistic Yields Expectations and acceptable nitrogen application rates that use the above methodology are required parts of many agricultural planning documents. The Permittee may use the RYE and appropriate agronomic rates reported in any of the following documents: i. Crop management flan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by Senate Bill 1217 Interagency Group- Guidance Document: Chapter 1. . Guidance for the completion of the plan can be found at: htip://www.enr.state.nc.us/DSWC/pages/guidance docs.html. iii: Certified Nutrient Management Plan as outlined by Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards, which are available at: ftp•//ftp-fc sc egov.usda.gov/NHO_practice-standards/standards/590.pdf. e. For any crop type for which the RYE and appropriate nitrogen application rate cannot be determined, the Permittee shall contact the Division to determine necessary action. 10. If the land application sites are to be overseeded (e.g., bermuda grass in the summer and rye grass in the winter with BOTH crops to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will essentially be returned to the soil. Prior to application of PAN to permitted sites at rates exceeding the agronomic rate, the Permittee must submit and receive approval by the Division. WQ0031725 Version 1.0 Shell Version 070228 Page 4 of 14 11. Should any of the residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit contain a high salt content (i.e., high sodium adsorption ratio (SAR) of ten (10) or higher), the Permittee shall obtain and implement recommendations from the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina -licensed Soil Scientist, or other agronomist regarding sodium application rate, soil amendments (e.g., gypsum, etc.) or other ameliorative mechanism for maintaining the integrity of the site in terms of suitability for land application of residuals and maintaining conditions conducive to crop growth. The Permittee shall maintain written records of each monitoring event that includes details of the sites covered and rate of soil amendment application. 12. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. Per 15A NCAC 2T .0105(h), upon the request by the Permittee the Compliance Boundary may be located closer to the waste disposal area (provided the groundwater standards can be met at the newly established Compliance Boundary). Any approved relocation of the COMPLIANCE BOUNDARY will be noted in the most recently -certified Attachment B of this permit. An exceedance of Groundwater Standards at or beyond the Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. 13. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(1). 14. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial residuals land application event to any new land application site. In addition, the appropriate county manager's office shall be notified prior to the initial residuals land application event on any new site so that they will be aware that residuals land application activities have commenced on the site. 15. The Aquifer Protection Section of the appropriate Division's regional office shall be notified at least 24 hours prior to the initial residuals land application event on any new land application site. Such notification to the Regional Aquifer Protection Supervisor shall be made during normal office hours (i.e., -from 8:00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding State Holidays. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web site at http://www:6nr.state.nc.us/litml/regionaloffices.1-itml. III. OPERATION AND MAINTENANCE REQUIREMENTS The residuals land application program shall be effectively maintained and operated at all times as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .1110 including operational functions, maintenance schedules, safety measures, and a spill response plan. In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease land applying residuals to the site, contact the Aquifer Protection Section of the appropriate Division of Water Quality's (Division) regional office, and take any immediate corrective actions as may be required by the Division. WQ0031725 Version 1.0 Shell Version 070228 Page 5 of 14 Upon classification of the residuals land application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified land application/residuals operator to be in responsible .charge (ORC) of the program. The operator shall hold a certificate of the type classification assigned to the program by the WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 8G .0201. 4. This permit shall become voidable if the soils of the land application sites fail to assimilate the residuals or the application causes contravention of surface water or groundwater standards and may be rescinded unless the land application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface waters and groundwater. A copy of this permit shall be maintained in all manned equipment at the land application sites when residuals are being land applied during the life of this permit. The spill prevention and control plan shall be maintained in all residuals transport and application vehicles. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into any surface waters. 7. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored residuals into any surface waters. 8. No residuals shall be stored at any land application site at any time, unless written approval has first been requested and obtained from the Division. Bulk residuals shall not be applied to the land under the following conditions: a. If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species or its designated critical habitat; b. If the application causes prolonged nuisance conditions; c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface water or groundwater standards; d. If the land is flooded, frozen, or snow-covered or is otherwise in a condition such that runoff of the residuals would occur; e. Within the 100-year flood elevation unless the bulk residuals are injected or incorporated within a 24-hour period following the residuals land application event; f. During a measurable precipitation event (i.e., >.01" per hour) or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period. Any emergency residuals land application measures shall first be approved in writing by the Division; g. If the slope for land is greater than'10 percent when bulk liquid residuals are surface applied, and if the slope of the land is greater then 18 percent with bulk liquid residuals are injected or incorporated; h. If the pH is not maintained in the soil, residuals, and lime mixture, greater than 6.0, on land application sites onto which residuals are applied. Residuals may be applied to the sites provided that sufficient amounts of lime is also applied to achieve a final pH of the soil mixture of at least 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals, and lime mixture is suited for the specified crop type. Any approved variations to the acceptable soil pH (6.0) for land application will be noted in the most recently certified Attachment B of this permit. WQ0031t5 Version 1.0 Shell Version 070.228 Page 6 of 14 i. If the land does not have an established vegetative cover in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist unless the bulk residuals are incorporated within a 24-hour period following the residuals land application event or injected (This requirement does not apply to no -till fields); j. If the vertical separation of the seasonal high water table and the depth of residuals application is less than one foot; k. If the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; 10. For land onto which bulk residual that do not meet the Class A Pathogen Reduction Requirements (15A NCAC 02T .1106(b)), the following public access restrictions apply: a. Public access to public contact sites shall be restricted for one calendar year after any residuals land application event; b. Public access to land that is not a public contact site shall be restricted for 30 days after any residuals land application event; 11. For land onto which bulk residual that do not meet the Class A pathogen Reduction Requirements (15A NCAC 02T .1106(b)), the following harvesting and grazing restrictions apply: a. Animals shall not be allowed to graze on land application sites for 30 days after any residuals land application event. Sites that are to be used for grazing shall have fencing that will be used to prevent access after each event; b. Food crops, feed crops, and fiber crops shall not be harvested for 30 days after any residuals land application event; c. Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after any residuals land application event; d. Food crops with harvested parts below the surface of the land (i.e., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after any residuals land application event when the residuals remain on the land surface for four months or longer prior to incorporation into the soil; e. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after any residuals land application event when the residuals remain on the land surface for less than four months prior to incorporation into the soil; f. Turf grown on land where residuals are applied shall not be harvested for 12 months after any residuals land application event. 12. This permit shall become voidable unless the agreements between the Permittee and the landowners and lessees or operators of any land application sites listed in the most recently -certified Attachment B of this permit not owned by the Permittee are in full force and effect. These agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed at the same time the permit is renewed. WQ0031725 Version 1.0 - Shell Version 070228 Page 7 of 14 13. Upon entering an agreement with landowners to apply residuals to a land application site, the Permittee shall require of the landowner or lessee/operator a statement detailing the volume of nutrient sources (waste residuals, manufactured fertilizers, manures, or other animal waste products) other than the residuals to be applied by the Permittee, that have been applied to the land, and a copy of the most recent Nutrient Management Plan (NMP), if available, for the fields within the agreement. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan (WUP) or Certified Nutrient Management Plan (CNMP) shall also be considered a Nutrient Management Plan. The NMPs must be provided only for those operations where a NMP is required by the US Department of Agriculture — National Resources Conservation Service (MRCS) or other State Agencies. The Permittee shall rely on the provided information to calculate appropriate reductions in allowable nutrient loading rates. If the calculation shows that the agronomic rates in the NMP (including PAN) have already been met or exceeded on a field, no additional residuals shall be land applied to that field. IV. MONITORING AND REPORTING REQUIREMENTS Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. 2: Residuals generated by each residuals source -generating facility listed in the most -recently -certified Attachment A of this permit shall be analyzed.to demonstrate that they are non -hazardous under the Resource Conservation and Recovery Act. (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted on residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit. The analyses shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source -generating facility are insufficient to require a land application events during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application occur during an entire year when annual monitoring is required), no sampling data is required during the period of inactivity. The Permittee shall submit an annual report, as required in condition IV. 10., even in the event that no land application events occur during an entire year; the annual report shall 'include an explanation for missing sampling data. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. WQ0031725 Version 1.0 Shell Version 070228 Page 8 of 14 The TCLP analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic. (5.0) Barium (100.0) Benzene (0.5) Cadmium (1.0) Carbon tetrachloride (0.5) Chlordane (0.03) Chlorobenzene (100.0) Chloroform (6.0) Chromium (5.0) m-Cresol (200.0) o-Cresol (200.0) p-Cresol (200.0) Cresol (200.0) 2,4-D (10.0) 1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) l,l-Dichloroethylene (0.7) Pyridine (5.0) 2,47Dinitrotoluene (0.13) Selenium (1.0) Endrin (0.02) Silver (5.0) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5) Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0) Lead (5.0) 2,4,6-Trichlorophenol (2.0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0) Mercury (0.2) Vinyl chloride (0.2) Methoxychlor (10.0) Methyl ethyl ketone (200.0) After the residuals have been monitored as specified above for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to request a reduction of this monitoring requirement. In no case, however, shall the frequency of monitoring be less than once per permit cycle. 3. An analysis shall be conducted on residuals generated by each residual source -generating facility listed in the most recently certified Attachment A of this permit. The analysis shall be performed at the frequency specified in the most recently certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Ammonia -Nitrogen Arsenic Cadmium Calcium Copper Lead Sodium Adsorption Ratio (SAR) Magnesium pH Mercury Plant Available Nitrogen (by calculation) Molybdenum Nickel Nitrate -Nitrite Nitrogen Phosphorus Potassium Selenium Sodium % Total Solids TKN Zinc If residuals generated by a particular residuals source -generating facility are insufficient to require a land application events during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application occur during an entire year when annual monitoring is required), the Permittee shall make up the missed sampling either by taking additional samples during land application events previous to a planned period of inactivity or by taking additional samples during land application events immediately following the period of inactivity. The Permittee shall submit an annual report, as required in condition IV. 10., even in the event that no land application events occur during an entire year; the annual report shall include an explanation of additional sampling data intended to compensate for periods of inactivity, or an explanation for missing sampling data WQ0031725 Version 1.0 Shell Version 070228 Page 9 of 14 4. Residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit shall be monitored for compliance with Condition II. 6. The monitoring shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and data to verify pathogen and vector attraction reduction of the residuals shall be maintained on file by the Permittee for a minimum of five years. The required data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear compliance with the Class A pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b) or the Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. In addition, the Environmental Protection Agency (EPA) certification statements concerning compliance with pathogen reduction requirements, vector attraction reduction requirements, and management practices shall be completed at the frequency specified in the most recently -certified Attachment A of this permit by the proper authority or authorities, if more than one is involved (i.e., either the person who prepares the residuals, the person who derives the material, or the person who applies the residuals). Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition II. 6. in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. A representative annual soils analysis .(i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site on which a residuals land application event in the respective calendar year has occurred or is to. occur, and the results shall be maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Exchangeable Sodium Percentage (by calculation) Calcium Magnesium Phosphorus Cation Exchange Capacity Manganese Potassium Copper Percent Humic Matter Sodium Base Saturation (by calculation) pH Zinc Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., and Condition IV. 4. shall be performed/gathered on the residuals as they are to be land applied. 7. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., Condition IV. 4., and Condition IV. 5. shall be in accordance with 15A NCAC 02B .0505. . Proper records shall be maintained by the Permittee tracking all residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number as listed in Attachment B); d. Method of land application; e. Weather conditions (e.g., sunny, cloudy, raining, etc.); f. Predominant Soil Mapping Unit (e.g., CbB2); g. Soil conditions (e.g., dry, wet, frozen, etc.); h. Type of crop or crops to be grown on field; i. Nitrogen Application Rate based on RYES. Volume of residuals land applied in gallons per acre, cubic yard per acre , dry tons per acre, wet ton per acre, or kilograms per hectare; WQ0031725 Version 1.0 Shell Version 070228 Page 10 of 14 k. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or kilograms per hectare (if applicable); 1. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, wet tons per acre, or kilograms per hectare (if applicable); and m. Annual and cumulative totals of dry tons per acre of residuals as well as animal waste and other sources of nutrients (e.g., if applicable), annual and cumulative pounds per acre of each heavy metal (e.g., shall include, but shall not be limited to, arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. 9. All records required as part of this permit shall be retained a minimum of five years. 10. Three copies of an annual report shall be submitted on or before March 1st. The annual report shall meet the requirements described in the Instructions For Residuals Application Annual Reporting Forms. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http:/�o.enr.state.ne.us/lau/compliance.html, or can be obtained by contacting the Land Application Unit directly. The annual repost shall be submitted to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 276.99-1617 11. Noncompliance Notification The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: A. Any occurrence with the land application program which results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to receiving waters. c. Any time that self -monitoring information indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residual treatment. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals. For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours must be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733- 3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) 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. WQ0031725 Version 1.0 Shell Version 070228 Page 11 of 14 V. INSPECTIONS 1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation of the subject facilities. 2. Prior to each residuals land application event, the Permittee or his designee shall inspect the residuals storage, transport, and application facilities 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. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS This permit shall become voidable unless the residuals land application events are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. Failure to abide by the conditions and limitations contained in this permit 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. 4. The annual administering and compliance fee shall be paid by the Permittee within 30 days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit, as specified by 15 NCAC 2T .0105 (e): The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. 7. This permit shall not be automatically transferable. In the event that there is a desire for the residuals land application program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division 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. WQ0031725 Version 1.0 Shell Version 070228 Page 12 of 14 Permit issued this the 10' day of September, 2007. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Cole# H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0031725 WQ0031725 Version 1.0 Shell Version 070228 Page 13 of 14 THIS PAGE BLAND WQ0031725 Version 1.0 Shell Version 070228 Page 14 of 14 ATTACHMENT A - Approved Residual Sources Permit Number: WQ0031725 Version: 1.0 Baxter Healthcare Corporation Monitoring Monitoring Approved Permit 'Issued Is Maximum Frequency Frequency for Minerali- Owner Facility Name County Number By � 503 . Dry Tons for Condition IV. 3. nation per Year Condition and Condition Rate IV.2. IV.4. Baxter Healthcare Corporation Baxter Healthcare Corporation McDowell NC0006564 DWQ 503 184 Annually Annually 0.30 Total 184 WQ0031725 Version 1.0 Shell Version 070228 Page 1 of 2 THIS PAGE BLANK WQ0031725 Version 1.0 Shell Version 070228 Page 2 of 2 4Pine 19 E 226 y1c obn*ty du rz.. VS, @2006 Google NA�gZQ ATTACHMENT B - APPROVED LAND APPLICATION SITES Permit Number: WQ0031725 Version: 1.0 Baxter Healthcare Corporation Field/ Site Owner Lessee County Latitude Longitude Net Acreage Dominant Soil Series S-01 Setzer, Trilby T Teague, Derek Lee Catawba 35037'60" 8100427" 19.80 CmB2-Cecil S-02 Setzer, Trilby T Teague, Derek Lee Catawba 35037'50" 81°04'42" 25.00 HsB2-Hiwassee T-0I Teague, Larry Gray Teague, Derek Lee Catawba 35037'19" 81005'37" 26.00 HsB2-Hiwassee T-02 Teague, Larry Gray Teague, Derek Lee Catawba. 35037'34" 81005'47" 10.00 MgC2-Madison Total Catawba 80.80 WQ0031725 Version 1.0 Shell Version 070228 Pagel of 2 THIS PAGE BLANK WQ0031725 Version 1.0 Shell Version 070228 Page 2 of 2 VICINITY MAP 'mot. ��y` / pyr3B i ! `. � I � � e a +• I Iv�,,\\� ._�.�� ."'•�\�.j _�yi!)d ,% .(�+ J^\. _ Ov ax0'N))3d•MJ wNIRf1 ^� ° � °, IR''�, r\ ��, Po*9°�R`4'. �• �rN.N2 N7011R +� c S 8 k711 sr @� ag R° .0 fq pYffi H ��� •ox ac (°, F ,0n 'F`�. j� RO °R p!Rhl� \ °atiR°J R11 a ti V''T°".0 J 94 n.t{ NO 9q aE, �' °F Pa vita a� gNb s pr/l � � pdt m �Bs•�ID R Say` �ffpRq ByRRA! l4.� \ 9 5[p. 41 kn 3 wLr 4R fl'Ry+,OA•ff 0•4 !vY �ORU x0. �`�\\.i r `Jl+°4 �� Yf"e®•�~RD. � am �l �r� Rl a �r a ? �rtJ` 41, K A \ K�� s 111N N fie• FS".. 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