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
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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.
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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.
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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.
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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.
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-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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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