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NC0006262_Complete File - Historical_20171231
1980 No. rrothers Poultry, C unty s4dreR, sees the roll control of this discharge. to obtain other Permits 8 ant. if you Yours eery trui " Original S fined By A. C. - LINAGE, JR. S. Grigg rgo Harlow, IPA lls Regional Office Mooresvillo Office Manager t 0 0 0 6 2 r) 2 STATE OF NORTH CAROL!NA DEPARTMENTOF NATURAt RESOURES & CflM1ThITY. DEVELOINtENT DIVISION OF ENVIRONENTAL P E RM I To Discharhe Wastetor Under n ATIONAL POLLVANT DISCHARGE EL1MINA TON SYSTEM In complia ce with the provisions of North Carolna Gener31 St 143-215.1, other 71wful standards and regulations rrhwollatad ard aCcothei t‘y the North Caroline Environmental l.rdejemrst on t*rt, ',:ater Pollution Control Act, as amended, Almond Brothers Poultry Incorporated is hereby authorized, to discharge wastewater from a facility 1ocati near Albemarle Stanly County to receiving waters Little Bear Creek in the Yadkin. River Basin in accordance with effluent limitations, monitoring requirements, Zr sther conditions set forth in Parts I, II, and III hereof. This 2ermit shall become effective APR 28 1980 This permit and. the authorization to dischlrge shall =,xoir at 71Y on DEC 3 tmg Signed this day of APR 2 1980 erlgo, Director Divhic,o () By AJthority of the Enyirov'ental Manaqeent Commission Page P rm :o 1.. Enter lot a 0ntr°°ac fO cunstructien of adds na1 wastewater treatment facilities as approved by the Divisi of Environmental Management 2. Construct and operate additional wastewater treatment facilities as approved by the Division of Environmental Management and continue to operate an existing wastewater treatment plant consisting of a grease trap, aeration lagoon and stabilization lagoon located near Albemarle (Note Part III, Condition No. B,, C & D of this Permit and Discharge from said treatment works into Little Bear Creek which is classified Class "C". of No. N 00626 EFFLUENT LIMITATIONS AND MONITORING REQUIRE{ NTS - FINAL During the period beginnir cJ on the effective date and last:i q until expiration, permittee is authorized to discharge frog outfal l (s) serial nur�b�(s) p,Dl Such discharges shall be limited and monitored by the permittee as specified be'l „. haracteristics Discharge Limit. Kg/day (lbs/day) Other Units (Specify) *** Measurement. y Avg. Daily Max. Daily Avg. Dail Max.7 `� Y Frequency It i rements axle Flow 0.150 MGD Daily Continu us BOO, 5-Day, 20e'C 6.24(13.76) 12.48(27.52) 11 mg/1 22 mg/1 Monthly Composite NH3 as N 1.13(2.50) 2.26(5.00) 2 mg/1 4 mg/1 Quarterly Composite: TSS 17.02(37.53) 34.04(75.06) 30 mg/1 60 mg/1 quarterly' Composite Dissolved Oxygen (Minimum) 6 mg/1 6 mg/1 Daily Grab Fecal Coliform (Geometric Mean) 1000/100 ml 2000/100 ml Monthly Grab 0il & Grease 10 mg/1 15 mg/1 Monthly Composite COD Monthly Composite Settleable Matter Daily Grab Total Residue Quarterly Composite *Sample Location: I -Influent, E-Effluent, U-Upstream, D-Downstream **All stream samples shall be grab. ***Daily stream sampling frequency may be reduced at each sampling station to one (1) time per week except during the uonths of June, July, August and September, when the frequency must be no less than three (3) times per week at each sampling station. The temperature of the effluent shall be such that it will not cause a temperature in the receiving stream of 50F above the ambient stream water temperature and shall be monitored daily at E, U, D by grab samples. The pH shall not be less than 6.0 standard units nor greater than 8.5 and shall be monitored monthly at I, E, U, D by grab samples. standard units * Sample i cation IorE I,E,U,0 I,E I,E E,U,D E,U,D E E,U,D E I,E i4 There shall he no di .charge of flo,ati nc' solids or v°i si Part I Permit No. NC SCHEDULE OF COMPEIAJ`JCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: NOT APPLICABLE 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M4&14 PART Permit No. NC Act used herein means the Federal Water Pollution Control Act, As amended. DEM used herein means the Division of Environmental Management of the Department of Natural. hesour.cc s and Community Development. "EMC" used herein means the North Carolina Environmental Management Commission. C. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during the previous j,, month(s) shall be summarized for each month and reported on a Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, and 1.4) postmarked no later than the 45th day following the completed reporting period. The first report is due on JUN -5 V00 . The DEM may require reporting of additional monitoring results by written notification. Signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section Post Office Box 27687 Raleigh, North Carolina 27611 Definitions a. The "daily average" discharge means the total discharge by weight during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by this permit, the daily average discharge shall be determined by the summation of all the measured. daily discharges by weight divided by the number of days sampled during the calendar month when the measurements were made. b. The "daily maximum°' discharge means the total discharge by weight during any calendar day. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to The EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq.. The Water and. Air Quality Reporting Act, Section 304(g), 13 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: I 5 PART' Permit No. NC a. The exact place, date, and time of sampling; b. The dates the analyses were performed; c. The person(s) who performed the analyses; d. The analytical techniques or methods used; and e. The results of all required analyses. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM MR 1.0, 1.1, 1.4) Such increased monitoring frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollu- tants not required in this permit by written notification. 7, Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained, by the permittee for a minimum of three (3) years, or longer if requested by the State Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. 16 PART LL Permit No, NC A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2, Non compliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the, per- mittee shall provide the Division of Environmental Management with the following information, in writing, within five (5) days of, becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. . Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where M 8 & 17 PART II Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance, with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of BEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 7. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; ar,if such alternative power source is not in existence, and no date for its implementation appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. I 8 PART II Permit No. NC . RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized represen- tatives, upon the presentations of credentials: a. The enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2 Transfer of Ownership or Control This permit is not transferable. In the event of any change in control or ownership of facilities from which the authorized discharge emanates or is contempleted, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. • Availability of Reports Except for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in N. C. G. S. 143-215.6(b)(2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and G. S. 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M 10 & 1 9 PART II Permit No. NC Toxic Pollutants Notwithstanding Part II, S-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present. in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.5 or Section 309 of the Federal Act, 33 USC 1319. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under N. C. G. S. 143-215.75 et see. or Section 311 of the Federal Act, 33 USC 1321. S. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal,State or local laws or regulations. 9. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and the remainder of this permit shall not be affected thereby. 10 PART II Permi t No NC Expiration of Permi Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. PART III Permit No. NC Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. M 15 & 1 12 NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND CO .TY DEVELOPMENT ENVIRONMENTAL MANAGEMENT COMMISSION FACT SHEET APPLICATION FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT TO DISCHARGE TREATED WASTEWATER Application No. NC OOO6262 Date November 21, 1979 SYNOPSIS OF APPLICATION a. Name and Address of Applicant Almond Brothers Poultry, Inc. Route 4 Albemarle, North Carolina 28001 b. Description of Applicant's Operation Killing, dressing and packaging poultry for wholesale distribution. c. Production Capacity of Facility 38,500 birds per day d. Applicant's Receiving Waters Little Bear Creek Class "C" waters 7Q10 = 0.00 cfs Best Usage: Fishing, boating, wading and any other best usage except bathing or as a source of water supply for drinking, culinary or food processing purposes. For a sketch showing the location of the discharge(s), see Attachment A. Description of Existing Pollution Abatement Facilities The existing wastewater treatment plant consists of a rotating screen with grease trap, an aerated lagoon with a surface area of 0.33 acre and a depth of six (6) feet, and a stabilization lagoon with a surface area of 3.0 acres and a depth of four (4) feet. Page Two 2A. PROPOSED INTERIM EFFLUENT LIMITATIONS - As set forth by Order of the United States District Court in Greensboro, North Carolina Effluent Characteristic Discharge L' i tation kg/day( bs/da Other Limitations (Specify Units) Daily Daily Average Maximum Average Maximum BOD, 5-Day, 20°C 12 kg 18 kg TSS 14 kg 20 kg TKN 4 kg 5 kg Oil & Grease 9 kg 14 kg 28. PROPOSED FINAL EFFLUENT LIMITATIONS - As promulgated by Technical Services, Division of Environmental Management Effluent Characteristic Discharge Lmitation kg/day(lbs/day) Other Limitations (Specify Units) Average Average Maximum BOD, 5-Day, 20°C 6.24(13.76) NH3 as N 1.13(2.50) TSS 17.02(37.53) Dissolved Oxygen (Minimum) Fecal Coliform (Geometric Mean) Oil & Grease pH MONITORING REQUIREMENTS 11 mg/1 22 mg/1 2 mg/1 4 mg/1 30 mg/1 60 mg/1 6 mg/1 6 mg/1 1900/100 ml 2000/100 ml 10 mg/1 15 mg/1 6-8.5 s.u. The applicant will be required to monitor regularly for flow and those parameters limited in Section 2 above with sufficient frequency to insure compliance with the permit conditions. Frequency, methods of sampling, and reporting dates will be specified in the final permit. 4. COMPLIANCE SCHEDULE FOR ATTAINING EFFLUENT LIMITATIONS a. Comply with final effluent limitations in NPDES Permit No, NC 0006262 on the effective date of the permit. b. A Special Order by Consent is proposed to provide for the following schedule to obtain compliance: 1. Begin construction on additional facilities on or before February 1, 1980. 2. Complete construction of additional facilities on or before September 30, 1980. . Comply with final effluent limitations on or before October 30. 1989. Page Three . PROPOSED SPECIAL CONDITIONS WHICH WILL HAVE A SIGNIFICANT IMPACT ON THE DISCHARGE The applicant, acting under a decree from the U. S. District Court for the Middle District of North Carolina, proposes to construct additional facilities which will assure compliance with the final effluent limitations or operation of a non -discharge system on or before November 1, 1980. The time schedule in Part 4 of the Fact Sheet is as outlined in the Consent Decree. 6. WATER. QUALITY STANDARDS AND EFFLUENT STANDARDS APPLIED TO THE DISCHARGE Effluent limitations are based on best practicable control technology currently available and will meet State and Federal water quality standards of Class C. 7. PROCEDURES FOR THE FORMULATION OF FINAL DETERMINATIONS a. Comment Period The Division of Environmental Management proposes to issue an NPDES permit to this applicant subject to the effluent limitations and special conditions outlined above. These determinations are tentative. Interested persons are invited to submit written comments on the permit application or on the Division of Environmental Management's proposed determinations to the following address: DIVISION OF ENVIRONMENTAL MANAGEMENT WASTEWATER MANAGEMENT POST OFFICE BOX 27687 RALEIGH, NORTH CAROLINA 27611 All comments received prior to will be considered in the formulation of final determinations with regard to this application. b. Public Hearing The Director of the Division of Environmental Management may hold a public hearing if there is a significant degree of public interest in a proposed permit or group of permits. Public notice of such a hearing will be circulated in newspapers in the geographical area of the discharge and to those on the Division of Environmental Management's mailing list at least thirty days prior to the hearing. Following the public hearing, the Director of the Division of Environmental Management may make such modifications in the terms and conditions of the proposed permit as may be appropriate and shall issue or deny the permit. Notice of issuance or denial will be circulated to those who participated in the hearing and to appropriate persons on the Division of Environmental Management's mailing list. Page Four If the permit is issued, it will become effective 30 days following date of issuance and will be the final action of the Division of Environmental Management unless an appeal hearing is granted. c. Appeal Hearings An applicant whose permit is denied, or is granted subject to conditions he deems unacceptable, shall have the right to a hearing before the Commission upon making written demand to the Director within 30 days following notice of final decision to deny or grant the permit. d. Issuance of the Permit When No Hearings are Held If no public hearing or appeal hearing is held, and after review of the comments received, the Division of Environmental Management's determinations are substantially unchanged, the permit will issue and become effective immediately. This will be the final action of the Division of Environmental Management. If no hearings are held, but there have been substantial changes, public notice of the Division of Environmental Management's revised determinations will be made. Following a 30-day comment period, the permit will issue and become effective immediately and will be the final action of the Division of Environmental Management, unless a public or appeal hearing is granted. STA F 2Rt Part 1:PECT1� F ` A wT Place v1S 4. Person 5. Di t' Almond Brothers ltry. Stanly County 1979 ch, Jr. y7 Lar 'y Al a 1 ' tf A rl 3. out sid of . C. 24 & 27 C. 24 & 27 Al , { > 4 Brothers e crossing of and distance to the s` it effluent di3s icab1e. The co-ordinates o di a are: Adequate for Topography: Hilly and 9. Location of the facility. st dwell% 10. Receiving Street Little e Classification C9 perati . Approximately 6 acres in area. loping at a rate of 8 to 12%. r wiu a within r feet of k Mini 7-Day„ 10 Y- r Disc oat site 0.0 Usage Fishing, boatin , irrg and any other best usage retiring waters o l r utility escept for be thin or as a source of water supply foculinary or fo pr oces purpose i ptn o° Part III - EV UAT'I T P1try is cur tl der a & atrl�t art t l ttrlt 1, fAfollowing t n trurt lth t lue tlimitations: rr ate cont 'Jurin apply: BOO, To to l TSS 01 1 The final eflue discharge are TS Di s Fee pH Oil & Grey It is r ischergd Order. A c st to match the dat tlons freflunt r ; of rs on on or ft on period, the follow uent 1 i the U The o achieve on y Max., 1 3 kr; kg S kg 14 kg 20kg g kg 14 kg by Technic Services for the be r e bebasede t uded then t Order 7041419-0118 a. htpho+r.s :. 7 ©4/48 i-7 415 A .iMOlf D BROS. POULTRY, 1 P4 C. • ROUTE4 +e A L B E MAR L E ,. Mr. Rex Gleason N. C. Department of Natural Resources 1119 North Main. Street Mooresville, N. C. 28115 August 9, 1979 RE. VPDES Permit . # N. C. 0006262 Dear Mr. Gleason, We request that you reissue Permit # N. C. 0006262 when it expires February . , 1980. Please find enclosed a copy of the Court Consent Decree. LDA/mc THE IN THE UNITED STATES DISTRICT COURT FOR THE. MIDDLE DISTRICT OF NORTH CAROL SALISBURY DIVISION [-IIC: ) . i f f „ ) r. ALMOND BROTHERS POULTRY„ INC. Defendant. against: the Civil ACC` +C )SCREE at.cs cif �e`icahas filed a compl ed Defendant alleging violations Section 301 of the Federal hater Pollution Control Ac1 U.S.C. § 1311 (hereinafter the "Acts') , and conditions National Pollutant Disc})arse Lli inati.cn S erg (here. "NPDES") pent The parti « desire to settle this action: I Q as to and is s of fact or law. In full settlemti action, the parties consent to the following Stipu a i. Decree. TIPUL,ATION 1. De f fldant is a corparationorgani'ze, under the laws of the State of North Carolina. an .has, been engaged in' the business of,1411 fl a agaia u1:tr,V for wholes duc°t,s these ac ivi ti s at is chi. ken . p'hcess the permittee under NPDES Pe 2, whicTh Defendant's facility into Little Bear Cree r Creek at the point of the bie water of the United States piursuarn .., ters of the U ed in Part A of NPDES Defendant to discharge effluents into United StatTM_?s from the Albemarle facility. . > r. t A of the per mit l irni is t Dei ischarge commencing July 1 1g„ fr lochei c eanand } 0 12 kg. as a daily average ,arid 1 daily rnifcr total suspended solids (TSS) a daily a erage and 20 kg. as 'a daily,maxinn z „ Kjeldahl nitrogen (TYN) to 4 kg. a8 flail y°;�