WQ0033492_Final Permit_20211221

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
JASON SMITH — MANAGER
EASTERN COMPOST, LLC
POST OFFICE BOX 460
BATTLEBORO, NORTH CAROLINA 27809
Dear Mr. Smith:
NORTH CAROLINA
Environmental Quality
December 21, 2021
Subject: Permit No. WQ0033492
Eastern Compost CLRS
Closed -Loop Recycle System
Edgecombe County
In accordance with your permit renewal request received September 27, 2021, we are forwarding
herewith Permit No. WQ0033492 dated December 21, 2021, to Eastern Compost, LLC for the continued
operation of the subject wastewater treatment and closed -loop recycle facilities. Please note that this
renewed permit shall become effective on April 1, 2022 (i.e., the day after the expiration date of the existing
permit).
This permit shall be effective from April 1, 2022 through April 30, 2028, shall void Permit No.
WQ0033492 issued April 7, 2017, and shall be subject to the conditions and limitations therein. The
Permittee shall submit a renewal application no later than November 2, 2027.
Please pay attention to the monitoring requirements listed in Section IV for they may differ from
the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the
required operational information shall result in future compliance problems.
The Division has removed the following permit condition since the last permit issuance dated
April 7, 2017:
➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable.
The following permit conditions are new since the last permit issuance dated April 7, 2017:
➢ Condition IL3. — All setbacks applicable to 15A NCAC 02T .1006(a) have been added.
➢ Condition IV.5. — A maintenance log shall be kept at this facility. This log shall be maintained
for five years, and shall be made available to the Division upon request.
➢ Condition VI.10. — This permit shall not be renewed if the Permittee or any affiliation has not
paid the required annual fee.
D � North Carolina Department of Environmental Quality i Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
'.'roMMm 0­; /I 919,707,9000

Mr. Jason Smith
December 21, 2021
Page 2 of 2
If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall 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 at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Chloe Lloyd at (919) 707-
3657 or chloe.11oydkncdenr.gov.
Sincerely,
S. Daniel Smith, Director
Division of Water Resources
cc: Edgecombe County Health Department (Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Drew Matthews — Soil Plus, LLC (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
CLOSED -LOOP RECYCLE SYSTEM 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
Eastern Compost, LLC
Edgecombe County
FOR THE
continued operation of a 28,975 gallon per day (GPD) wastewater treatment and closed -loop recycle facility
consisting of:
approximately nine acres of drainage area, including approximately 5 acres of impervious surface, which
drains to a 1.35 million gallon (MG) clay -lined storage lagoon; and all associated piping, valves, controls,
and appurtenances
to serve the Eastern Compost CLRS, with no discharge of wastes to surface waters, pursuant to the
application received September 27, 2021, and in conformity with the Division -approved plans and
specifications considered a part of this permit.
This permit shall be effective from April 1, 2022 through April 30, 2028, shall void Permit No. WQ0033492
issued April 7, 2017, and shall be subject to the following conditions and limitations:
L SCHEDULES
1. The Permittee shall request renewal of this permit on Division -approved forms no later than November
2, 2027. [15A NCAC 02T .0105(b), 02T .0109]
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IL PERFORMANCE STANDARDS
The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to
surface waters, nor any contravention of groundwater or surface water standards. In the event the
facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, the Permittee shall take immediate corrective actions, including Division
required actions, such as the construction of additional or replacement wastewater treatment or recycle
facilities. [15A NCAC 02T .0108(b)(1)(A)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)]
3. The facilities herein were permitted per the following setbacks:
a. The storage and treatment units were originally permitted December 24, 2008. The setbacks for
storage and treatment units originally permitted or modified from September 1, 2006 to August 31,
2018 are as follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 1001
ii. Each private or public water supply source: 100
In. Surface waters: 50
iv. Each well with exception of monitoring wells: 100
v. Each property line: 50 2
' Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02T .1006(a)]
III. OPERATION AND MAINTENANCE REQUIREMENTS
The Permittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC
02U .0101]
2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational
functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02U
.0801(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified
operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T
.0117]
4. The Permittee shall prohibit unauthorized public access to the wastewater treatment, storage, and
closed -loop recycle facilities. [15A NCAC 02U .0404(b)(1)]
5. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC
02U .0802, 02T .I 100].
6. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject
facilities. [15A NCAC 02T .0108(b)(1)(A)]
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7. Freeboard in the 1.35 MG clay -lined storage lagoon shall not be less than one foot at any time. [15A
NCAC 02U .0404(c)(6)]
8. A gauge to monitor waste levels in the 1.35 MG clay -lined storage lagoon shall be provided. This
gauge shall have readily visible permanent markings, at '/2 foot increments, indicating the following
elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid
level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam.
[15A NCAC 02U .0801(f)]
9. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02U .0801(g)]
10. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)]
IV. MONITORING AND REPORTING REQUIREMENTS
The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H .0800]
3. Freeboard (i.e., waste level to the lowest embankment elevation) in the 1.35 MG clay -lined storage
lagoon shall be measured to the nearest half foot, and recorded weekly. Weekly freeboard records shall
be maintained for five years, and shall be made available to the Division upon request. [15A NCAC
02T .0108(c)]
4. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be
maintained for five years, and shall be made available to the Division upon request. This record shall
include:
a. Name of the residuals hauler;
b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02U .0802(b)]
5. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Visual observations of the plant and plant site; and
b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections
and cleanings, etc.).
[15A NCAC 02U .0801(h)]
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6. Noncompliance Notification:
The Permittee shall report to the Raleigh Regional Office, telephone number [phone], within
24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate wastewater treatment.
c. Any facility failure resulting in a discharge to surface waters.
d. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. All
noncompliance notifications shall file a written report to the Raleigh Regional Office within five days
of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure
the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater
treatment and recycle facilities. [15A NCAC 02U .0801(i)]
2. The Permittee shall inspect the wastewater treatment and recycle facilities to prevent malfunctions,
facility deterioration, and operator errors that may result in discharges of wastes to the environment,
threats to human health, or public nuisances. The Permittee shall maintain an inspection log that
includes the date and time of inspection, observations made, and maintenance, repairs, or corrective
actions taken. The Permittee shall maintain this inspection log for a period of five years from the date
of the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02U
.0801(h), 02U .0801(i)]
Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the wastewater treatment and recycle facilities permitted herein
at any reasonable time for determining compliance with this permit. Division authorized
representatives may inspect or copy records maintained under the terms and conditions of this permit,
and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
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VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Permittee changes their name, the Permittee shall
submit a permit modification request on Division -approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143-
215.1(d3)]
6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)]
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
In. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
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9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[I5A NCAC 02T .0120(c)]
Permit issued this the 21st day of December 2021
NOR�THHCC�AROLINA ENVI TAL MANAGEMENT COMMISSION
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0033492
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