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HomeMy WebLinkAboutWQ0043923_Permit (Issuance)_20230721DocuSign Envelope ID: 4D69B449-DB91-4708-BF66-562D13B8A3E2 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality July 21, 2023 Ms. Charity Smith Direct Descendant Rabbitry and Apiary, LLC 118 Cameron Rd Lexington, NC 27295 Subject: Permit No. WQ0043923 Direct Descendant Rabbitry and Apiary, LLC Rabbit Waste Compost Distribution of Animal Residual Solids Davidson County Dear Ms. Smith: In accordance with your permit application, we are forwarding herewith Permit No. WQ0043923, dated July 21, 2023, to Direct Descendant Rabbitry and Apiary, LLC for the distribution and marketing of a fertilizer containing animal waste residuals which meet exceptional quality standards. This permit shall be effective from the date of issuance until June 30, 2028 and shall be subject to the conditions and limitations as specified therein. A permit renewal request is due to the Division of Water Resources (Division) no later than six months prior to that date (i.e., see Condition V. 8.); the Division does not send permit renewal reminders. Be aware that payment of the annual administering and compliance fee, as stipulated in Condition V. 4 does not automatically renew this permit. This permit approves the operation of the program for the distribution of a composted fertilizer/soil amendment product, containing animal residuals, that meets exceptional quality standards and is marketed throughout the State of North Carolina (i.e., in bulk and in bags) for a five-year cycle. Note that this permit does not concurrently provide a license to distribute a fertilizer, as is required by the Fertilizer Section of the NC Department of Agriculture and Consumer Services' Plant Industry Division. More information about applying for this license may be found at: https://www.ncagr.gov/PLANTINDUSTRY/Plant/ 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 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of 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. D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 NORnicARouNA 919.707.9129 DocuSign Envelope ID: 4D69B449-DB91-4708-BF66-562D13B8A3E2 WQ0043923 If you need additional information concerning this matter, please contact the Animal Feeding Operations Program at (919)707-9129. Sincerely, DocuSigned by: Ka�GSL ra" E3415E2C05B24CD... for Richard E. Rogers, Jr. Director, Division of Water Resources cc: NC Department of Agriculture & Consumer Services -Plant Industry Division (Fertilizer Section) Laserfiche File No.: WQ0043923 July 21, 2023 DocuSign Envelope ID: 4D69B449-DB91-4708-BF66-562D13B8A3E2 WQ0043923 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY DISTRIBUTION OF ANIMAL WASTE 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 Direct Descendant Rabbitry and Apiary, LLC Davidson County FOR THE operation of a program for the treatment and distribution of up to but less than 3,000 dry tons per year of animal waste residuals, that meets exceptional quality standards and is marketed throughout the State of North Carolina (i.e., in bulk and in bags). The program shall be operated such that no discharge of wastes to the surface waters occurs, pursuant to this permit and in conformity with the project plan, specifications, Management Plan, and other supporting data subsequently filed and approved by the Department of Environmental Quality (Department) and considered a part of this Permit. This permit shall be effective from the date of issuance until June 30, 2028, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. The program for the distribution and marketing of a fertilizer containing animal waste products which meet exceptional quality standards shall be effectively maintained and operated as a non - discharge system to prevent the discharge of any wastes resulting from the operation of this program. — [15A NCAC 02T.01011 2. This permit shall become voidable in the event of failure of the distribution and marketing program to adequately protect the assigned water quality standards of the surface waters and groundwaters. — [15A NCAC 02T . 0108(b) and 15A NCAC 0.2T . 0110] 3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting from the operation of this program.. — [G.S. §143-215.1OC] 4. In the event that the distribution and marketing program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall take any immediate corrective actions as may be required by the Division. — [15A NCAC 02T . 0108(b)] 5. No product containing any listed hazardous or toxic waste under 40 CFR Part 261, no septage, no oil, grease, grit, and screenings from wasterwater treatment plants, no animal mortality, no ash, and no municipal or industrial residuals shall be mixed with animal waste residuals and sold or given away for application to the land under the conditions of this permit. — [15A NCAC 02T .1310(a)] July 21, 2023 DocuSign Envelope ID: 4D69B449-DB91-4708-BF66-562D13B8A3E2 WQ0043923 6. The collection, handling treatment, sampling, and market plans submitted with the permit application is hereby incorporated by reference into this Permit. These plans must be consistent with all applicable laws, rules, ordinance, and standards (federal, state, and local) in effect at the time of siting, design, and implementation at each source site. Revisions or modifications must be submitted to the Division Central Office prior to implementing the change. — [G.S. §143-215.6A] Any violation of the above reference plans shall be considered a violation of this Permit and subject to enforcement actions. A violation of this Permit may result in the Permittee having to take immediate or long-term corrective action(s) as required by the Division. IL OPERATION AND MAINTENANCE REQUIREMENTS 1. The treatment and distribution program shall be properly operated and maintained at all times. — [15A NCAC 02T. 10108(b) and 15A NCAC 02T .13101 2. No product containing animal residuals other than those designated by the Permittee shall be approved for marketing and distribution in accordance with this Permit. — [15A NCAC 02T .10108(b) and 15A NCAC 02T. 13101 3. The Permittee shall be approved to accept treat/process, market, and distribute animal residuals from additional facilities by requesting permit modification. Permit modification approval must be received prior to acceptance of residuals from additional facilities. — [15A NCAC 02T .0108(b)] 4. All animal waste residuals shall be adequately stored to prevent leachate runoff prior to, during, and following treatment. Following treatment, processed residuals may be stored in an elevated silo, contained in geomembrane on prepared pad with synthetic liner, placed on a concrete pad, kept under shelter, or covered until such time as it is distributed to the user. If an alternative storage site is to be used, approval shall first be obtained from the Division. — [15A NCAC 02T .10108(b)] 5. At the time that the residuals are used, disposed, prepared for sale or giving away in bag or other container, the animal waste residuals shall have the pathogen limit for fecal coliform density of less than 1,000 Most Probable Number per gram of total solids or for Salmonella sp. Bacteria density less than three Most Probable Number per four grams of total solids on dry weight basis — [15A NCAC 02T .1106(a) (2) and 15A NCAC 02T .1310(d)1 6. For a product containing animal residuals to be sold or given away in bags or other container for application to the land under the conditions of this permit, the following shall be satisfied: — [15A NCAC 02T. 131 0(c)] The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average Concentrations (Dry Weight Basis) must be maintained: Ceiling Concentrations Parameters Copper 1,500 Zinc 2,800 4 July 21, 2023 DocuSign Envelope ID: 4D69B449-DB91-4708-BF66-562D13B8A3E2 WQ0043923 7. When distributed under the conditions of this permit, a label shall be affixed to the bag or other container in which the product containing animal residuals is sold or given away for application to the land, or an information sheet shall be provided to the person who receives the product containing animal residuals sold or given away in another container for application to the land. The label or information sheet shall contain the following information: — [1 SA NCAC 02T .1310(e)] a. The name and address of the person who prepared the product containing animal residuals that is sold or given away in a bag or other container for application to the land. b. A statement that application of the product containing animal residuals to the land is prohibited except in accordance with the instructions on the label or information sheet. c. A statement that application of the product containing animal residuals shall not be applied to any land that is flooded, frozen or snow-covered. d. A statement that adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored product containing animal residuals into any surface waters. e. A statement to help prevent direct application of the product containing animal residuals to water supply sources and all other waters of the state. For example, "as with any fertilizer product, do not apply in or near any water supply source or any body of water, including wells, streams, rivers, and lakes." III. MONITORING AND REPORTING REQUIREMENTS Upon written notification by the Director, the Permittee shall undertake monitoring and reporting (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary to ensure protection of the environment and to determine the source, quantity, quality, and effect of animal waste upon the surface waters, groundwaters or wetlands. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Division requirements. — [I SA NCAC 02T .0108(c)] 2. Proper records shall be maintained by the Permittee to track all distribution activities within the State of North Carolina. These records shall include, but are not necessarily limited to, the following information: — [I SA NCAC 02T. 01 08(c)] a. Source, amount (i.e., volume), and analysis of each product containing animal residuals. b. Name of the initial recipient of the product containing animal residuals, the amount (i.e., volume) distributed, and the intended use. July 21, 2023 DocuSign Envelope ID: 4D69B449-DB91-4708-BF66-562D13B8A3E2 WQ0043923 3. Representative samples of the animal waste residual shall be collected, analyzed, and results recorded prior to the distribution of the animal waste residual product. At a minimum, sampling to demonstrate compliance with Condition II.5 and Condition II.6 shall be conducted at the intensity shown below for each year that the source distributes animal waste residuals: — [15A NCAC 02T T. 011069] Metric Tons per 365 day period Minimum # of Samples (Dry Weight Basis) Greater than Zero but less than 290 one per year Equal to or greater than 290 but less than 1,500 once per quarter Equal to or greater than 1,500 once per 60 days 4. Laboratory analyses and/or operational data, as required by Condition II. 5, and Condition II. 6 shall be performed/gathered on the product containing animal residuals as it is to be distributed. Furthermore, analytical determinations made pursuant to the monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 02H Section .0800. Required monitoring and reporting requirements shall be submitted annually on or before March lst of the year following the distribution event to the following address, be sure the permit number is included on all reports/documents: — [I SA NCAC 02T .0110())(2)J NCDEQ-DWR Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 7. A copy of this Permit, all records required by this Permit and the facility's CAWMP shall be maintained by the Permittee in chronological and legible form for five (5) years. — [15A NCAC 02T .0110(l)(3)J 8. Noncompliance Notification: The Permittee shall report by telephone to the Water Quality Regional Operations Section of the appropriate Division regional office (i.e., see Attachment A) 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: — [I5A NCAC 02T T. 0108(b)] a. Any occurrence with the distribution program that results in the distribution of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the distribution program resulting in a release of material to receiving waters. c. Any time that self -monitoring information indicates that the distribution program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the facility was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate treatment. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals or product containing animal residuals. Persons reporting such occurrences by telephone shall also file a written report in letterform within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. — [15A NCAC 02T T. 0108(c)] 6 July 21, 2023 DocuSign Envelope ID: 4D69B449-DB91-4708-BF66-562D13B8A3E2 WQ0043923 IV. INSPECTIONS 1. The Permittee or his designee shall inspect the storage, transport, and treatment facilities related to the distribution program to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. — [15A NCAC 02T .0108(b)] 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. — [I SA NCAC 02T .0108(c)] 2. The Permittee is subject to inspections at any time, without announcement, by the Department. The Permittee shall allow any authorized representative of the Department, upon the presentation of credentials and other documents as may be required by law and in accordance with reasonable and appropriate biosecurity measures, to: — [G.S. §143-215. 1 OF] a. Enter the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this Permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this Permit; Inspect, at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this Permit; and, d. Sample or monitor, at reasonable times, for the purpose of assuring permit compliance, any substances or parameters at any location. V. GENERAL CONDITIONS 1. This permit shall become voidable unless the distribution program is operated in accordance with the conditions of this Permit, the supporting materials, and in the manner approved by the Division. — [15A NCAC 02T .01101 2. This permit shall be effective only with respect to the nature and volume of wastes described in the application and other supporting data. The Permittee shall notify the Division immediately of any applicable information not provided in the permit application. Any proposed modification to an animal waste management system shall require approval from the Division prior to construction.— [G.S. §143-215.1]. 3. Failure to abide by the conditions and limitations contained in this Permit and/or applicable state law; may subject the Permittee to an enforcement action by the Division including but not limited to the modification of the Permit, civil penalties, criminal penalties and injunctive relief. — [G.S. §143-215.6A-6C and 1 SA NCAC 02T .0110] July 21, 2023 DocuSign Envelope ID: 4D69B449-DB91-4708-BF66-562D13B8A3E2 WQ0043923 4. The annual administering and compliance fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for enforcement actions including revocation of this Permit. — [G.S. §143-215.IOG and 15A NCAC 02T .0105(e)(2)1 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable river buffer rules in 15A NCAC 2B .0200, soil 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 2B. 6. The Permittee must comply with all conditions of this Permit. Any permit noncompliance constitutes a violation of state law and is grounds for enforcement action; for permit coverage termination, revocation and reissuance, or modification; or denial of a permit coverage renewal application. — [I5A NCAC 02T .0110] 7. This permit may be reopened, 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 as allowed by the appropriate laws, rules, and regulations. — [I5A NCAC 02T .01101 8. If the Permittee wishes to continue an activity regulated by this Permit after the expiration date of this Permit, the Permittee must apply for and obtain a new COC. Renewal applications must be filed at least 180 calendar days prior to the expiration of the Permit. — [I5A NCAC 02T .0109] 9. This Permit is not transferable. In the event there is a desire for the facility to change ownership, or there is a name change of the Permittee, a Notification of Change of Ownership form must be submitted to the Division, including documentation from the parties involved and other supporting materials as may be appropriate. This request shall be submitted within sixty (60) days of change of ownership. The request will be considered on its merits and may or may not be approved. — [G.S. §143-215. IOC and I5A NCAC 02T . 0108] Permit issued this the twenty-first day of July, 2023. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ErDocuSigned by: am,SL r,.M c,l l.a E3415E2C05B24CD... for Richard E. Rogers, Jr. Director, Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0043923 July 21, 2023 DocuSign Envelope ID: 4D69B449-DB91-4708-BF66-562D13B8A3E2 WQ0043923 Attachment A DIVISION OF WATER RESOURCES REGIONAL OFFICES (05/2023) Asheville Regional Office Fayetteville Regional Office Mooresville Regional Office WQROS Supervisor WQROS Supervisor WQROS Supervisor 2090 U.S. Highway 70 225 Green Street, Suite 714 610 East Center Avenue, Suite 301 Swannanoa, NC 28778 Fayetteville, NC 28301-5043 Mooresville, NC 28115 Phone: (828) 296-4500 Phone: (910) 433-3300 Phone: (704) 663-1699 Fax: (828) 299-7043 Fax: (910) 486-0707 Fax: (704) 663-6040 Avery Macon Anson Moore Alexander Lincoln Buncombe Madison Bladen Robeson Cabarrus Mecklenburg Burke McDowell Cumberland Richmond Catawba Rowan Caldwell Mitchell Harnett Sampson Cleveland Stanly Cherokee Polk Hoke Scotland Gaston Union Clay Rutherford Montgomery Iredell Graham Swain Haywood Transylvania Henderson Yancey Jackson Raleigh Regional Office WQROS Supervisor 3800 Barrett Drive Raleigh, NC 27609 Phone: (919) 791-4200 Fax: (919) 571-4718 Washington Regional Office WQROS Supervisor 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 Fax: (252) 975-3716 Wilmington Regional Office WQROS Supervisor 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910) 796-7215 Fax: (910) 350-2004 Chatham Nash Beaufort Jones Brunswick New Hanover Durham Northampton Bettie Lenoir Carteret Onslow Edgecombe Orange Camden Martin Columbus Pender Franklin Person Chowan Pamlico Davidson Granville Vance Craven Pasquotank Halifax Wake Currituck Perquimans Johnston Warren Dare Pitt Lee Wilson Gates Tyrell Greene Washington Hertford Wayne Hyde Winston-Salem Regional Office WQROS Supervisor 450 West Hanes Mill Rd, Suite 300 Winston-Salem, NC 27105 Phone: (336) 776-9800 Fax: (336) 776-9797 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford 9 July 21, 2023