HomeMy WebLinkAboutWQ00241540
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
September 23, 2005
MR. BUDDY BLACK, EXECUTIVE VICE PRESIDENT
REGENERATED RESOURCES, LLC
10397 HAXTON ROAD
BENTONVILLE, AR 72712
Dear Mr. Black:
Alan W. Klimek, P.E. Director
Division of Water Quality
SEP 2 8 2005
PRNIR Fp'67i�: nLLEFrC-10' ",I-CF1
1 _-_--=---=z-- _— -= -
Subject: Permit No. WQ0024154
Regenerated Resources, LLC
Organic-Gro 8-2-4, Organic-Gro 4-6-4, and
Organic-Gro..Pro 20-2-6 Distribution Program..
Distribution of Animal Residual Solids
Benton County, Arkansas
In accordance with your permit application package received .on July 9, 2004,. as well as the
additional information received on November 29, 1004; May 1, 2005; and September 12, 2005; we are
forwarding herewith Permit No. WQ0024154, dated September 23, 2005, to Regenerated Resources, LLC
for the subject animal residuals distribution.program.
This permit shall be effective from the date of issuance until August 31, 2010 and shall be subject
to the conditions and limitations as specified therein. - Make note of this permit's expiration date and the
fact that a permit renewal application is due to the Division of Water Quality (Division) no later than six
months prior to that date (i.e., see Condition V. 7.), as the Division does not send reminders to apply for
permit renewal. Be aware that payment of the annual administering -and compliance fee, as stipulated in
Condition V. 4. will not automatically renew this permit.
This permit approves the operation of program for the distribution of a composted fertilizer/soil
amendment product, containing poultry animal residuals, that meets exceptional quality standards and is
marketed under the names Organic-Gro 8-2-4, Organic-Gro 4-6-4, and`. Organic-Gro. Pro 20-2-6
throughout the State of North Carolina (i.e., in bulk and in bags). 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, the following web ' site:
http://www.neagr.com/plantind/fert/ferlics.htm.
Please take the time -to review this permit thoroughly. Pay ' particular. attention to the
monitoring requirements in this permit. Be aware that failure to establish an adequate system for,
collecting, maintaining, and submitting the required operational 'information will result. in future
compliance problems. The Division wants to remind you about the following issue that was discussed
during the review of this application:
♦ Condition Ill. 3. and Condition III. 4. require that the product be tested and monitored regularly for
specific parameters as well as for adequate pathogen reduction.. It is imperative that all testing and .
monitoring be performed such that the results are representative of the entire row of product. 'The
Division urges you to develop a set of standard operating procedures and recordkeeping forms to
ensure that the State of North Carolina time and temperature requirements for the composting process
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service
Internet: http://h2o.enr.state.ne.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748
Fax (919)715-6048
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
Mr. Buddy Black
September 23; 2005
Page 2
t
If any parts, requirements, and/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 shall be in the from 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, North Carolina 27699-6714. Unless such demands are made, this permit shall be final
and binding..
If you need any additional information concerning this matter,- please contact Mr. J R Joshi by
telephone at (919) 715-6698, or via e-mail atjaya.josbi@ncmail.net.
Sincerely,
oitAlan .W. Klimek, P.E... .
cc: AR Department of Environmental Quality, Water Division
NC Department of Agriculture and Consumer Services -Plant Industry Division (Fertilizer Section)
Asheville Regional Office -Aquifer Protection Section
Fayetteville Regional Offce-Aquifer Frotec`tion Sectio
Mooresville Regional Office=Aquifer Protection Section
Raleigh Regional Office -Aquifer Protection Section
Washington Regional Office -Aquifer Protection Section
Wilmington Regional Office -Aquifer Protection Section
Winston-Salem Regional Office -Aquifer Protection Section
APS Central Files
APS Files
LAU Residuals Program Coordinator
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
DISTRIBUTION OF ANIMAL 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
]degenerated Resources, LLC
Oconee County, Arkansas
FOR THE
operation of a program for the distribution of up to 300 dry tons per year of a composted fertilizer/soil
amendment product, containing poultry animal residuals, that meets exceptional quality standards and is
marketed under the name Organic-Gro 8-2-4, Organic-Gro 4-6-4, and Organic-Gro Pro 20-2-6 throughout
the State. "of North Carolina (i.e., in bulk and in bags). The program shall be operated such that no
discharge of waste to surface waters occurs, pursuant to the permit application package received on July
9, 2004, as' well as the additional information received on November 29, 1.004; May 1, 2005; and
September 12; 2005 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, 2010 and shall be subject
to the following specified conditions` and limitations-,
I. PERFORMANCE STANDARDS
1. The distribution program shall be effectively maintained and operated as a non -discharge
system to prevent the discharge of any wastes to waters of the state resulting from the
operation of this program.
2. This permit shall become voidable in the event of failure of the distribution, program to
adequately protect the assigned water quality standards of the surface, waters and
groundwater.
3. The issuance of this permit shall not relieve the Permittee of the, responsibility for damages to
surface water or groundwater resulting from the operation of this distribution program.
4. In the event that the distribution 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 of Water Quality (Division).
5. When product containing animal residuals is sold or given away for application to the land
under the conditions of this permit, one of the Class'A pathogen requirements. in 40 CFR Part
503.32(a) shall be met. Additionally, an evaluation shall be performed which demonstrates'
the product's ability to comply with this requirement. Upon request, a copy of this
evaluation, including all test results and calculations, shall be submitted:'
6. No product containing animal residuals that tests or is classified as a hazardous or toxic waste
under 40 CFR Part 261 shall be sold or given away, for application to the land under the
conditions of this permit.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The distribution program shall be properly operated and maintained at all times.
2. No product containing animal residuals "other than that generated by -the following facility
shall be approved for distribution in accordance with this permit:
Permit Volume
Facility -County Number (Dry Tons/Year)
Regenerated Resources, LLC Benton (AR) F377a 300.0
(d/b/a Organic-Gro &2-4, Organic-Gro 4-6-4, and Organic-Gro Pro 20-2-6 in North, Carolina)
a The operational permit for this facility is issued and administered by the Arkansas State
Plant Board, Little Rock, Arkansas.
3. No other product containing animal residuals other than that from the facility specified in
Condition 12. shall be distributed under, the conditions of this permit. The Permittee shall
request and obtain a permit amendment from the Division for each additional .facility prior to
allowing distribution through this program.
4. 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:
The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average
Concentrations (Dry Weight Basis) shall be maintained:
Ceiling Monthly Average
Concentrations Concentrations
Parameters (inA0 Onk/k
Arsenic 75 41
Cadmium " 85 39
Copper 4,300 1,500 .
Lead 840 300
Mercury 57 .17
Molybdenum 75 ----
Nickel 420 420
Selenium 100 100
Zinc 7,500 2,800
2
5. 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
minimum information:
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 adequate procedures shall be provided to prevent surface runoff from
carrying any disposed or stored product containing animal residuals, into any surface
waters:..._._.._-..._-.__...G.-. __._ _..... _....
c. 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."
d. A statement that application of he product containing animal residuals shall not be,
applied to any land that is flooded, frozen, or snow-covered:"
M. MONITORING AND REPORTING REQUIREMENTS
1. 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. 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:
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.
3. An analysis shall be conducted by the Permittee on .the product containing animal residuals at
least once per year from the date of permit issuance. The results of all analyses shall be
maintained on file by the Permittee for a minimum of five years. The analysis shall include .
the following parameters:
Aluminum
Ammonia -Nitrogen
Arsenic
Cadmium
Calcium
Copper
Lead
Magnesium
Mercury
Molybdenum
Nickel
Nitrate -Nitrite Nitrogen
Percent Total Solids
pH
Phosphorus_
Potassium
Selenium
Sodium
Total Kj eldahl Nitrogen
Zinc -
Plant Available Nitrogen
(by calculation) .
3
After the product containing animal residuals has been monitored for two years at the above -
listed frequency, the Permittee may submit a request to the Division for a permit modification
to reduce the frequency of this monitoring requirement. In no case, however, shall the
frequency of this monitoring be less than once per year when the product containing animal
residuals is sold or given away for application to the land during that year.
4. The product containing animal residuals shall be monitored by the Permittee at least once per
year for compliance with Condition I. 5. of this permit. The monitoring frequency cycle shall .
start on the date of permit issuance, and the results of all analyses shall be maintained on file
by the Permittee for a minimum of five years. Data to verify stabilization of the product shall
be maintained by the Permittee. The required data shall be specific to the stabilization process
utilized, but _should be sufficient to demonstrate compliance with the Class A pathogen
requirements in 40 CFR Part 503.32(a) clearly. In addition, the EPA certification statement
concerning compliance .with pathogen requirements shall be completed at the above
frequency by.: the . proper authority_ or, authorities if. more. than one is involved, either the
person who generates the product containing animal residuals or the person who prepares the
product to be sold or given away for application to the land.
.5. Laboratory analyses and/or operational data, as required by Condition III. 3., and Condition
III. 4. 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 2H .0.800 or 15A NCAC 2H .1100.
6: Three copies of all required monitoring and reporting requirements as specified in Condition
III. 1., Condition III. 2.; Condition M. 3., Condition III. 4., and Condition III. 5. shall be
submitted annually on or before March 1" of.the year following the distribution event to the
following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. Noncompliance Notification:
The Permittee shall report by telephone to the Aquifer Protection 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:
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.
.6. 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.
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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.
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. 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.
2. 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 distribution program 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:
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.
2. This permit shall be effective only with respect to the nature and volume of product
containing animal residuals described in the application and other supporting data.
3. -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 2H .0205 (c)(4).
S. 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 .0260, 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 .0200 and 15A NCAC
.0500.
5
6. 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. The Permittee, at least six months prior to the expiration of this permit, shall. request its
extension. Upon. receipt of the request, the Division shall review the adequacy of the
distribution program described therein, and if warranted, shall extend the permit for such
period of time and under such conditions and limitations as it may deem appropriate.
8. This permit shall not.. be automatically transferable. In the event that there -is a desire for the
distribution 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. .
Permit issued this the twenty-third day of September, 2005:
NORTH CAROLINA NMENTAL MANAGEMENT COMMISSION
Lo .,1A1an W. Klimek, P.E., Director -
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0024154
6
Attachment A
DIVISION OF WATER QUALITY REGIONAL OFFICES
Asheville Regional Office
Fayetteville Regional Office
Mooresville Regional Office .
APS Supervisor.
APS Supervisor
APS Supervisor .;
2090 U.S. Highway 70
Wachovia Building, Suite 714"
610 E. Center Ave./ Suite 301,
Swannanoa, NC 28778,
Fayetteville, NC 28301
Mooresville, NC 28115.
Phone: (828),296-4500
Phone: (910) 486-1541
Phone: (704) 663-1699
Fax: (828) 299-7043 '
Fax: (910) 486-0707 -
Fax: (704) 663-6040
Avery Macon
Anson' Moore
Alexander Lincoln .
Buncombe " ., , Madison
B'laden 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
Washington Regional_. Office
Wilmington Regional Office
-'APS Supervisor
APS Supervisor;,.
APS Supervisor
—3800 Barrett -Drive - .
943 Washington Square Mall
127 Cardinal Drive Extension
Raleigh, NC 27609 •, •..
Washington, NC 27889
Wilmington, NC 28405-3845 :
Phone: (919) 5714200
Phone: (252) 946-6481
Phone: (910) 796-7215 .
Fax: (919) 57-14718
Fax: (252) 946-9215
Fax: (910) 350-2004
Chatham Nash
Beaufort ..Jones
Brunswick New Hanover
Durham Northampton
Bertie Lenoir
Carteret Onslow
Edgecombe_ Orange
Camden Martin
Columbus Pender;
Franklin Person
Chowan , Pamlico -
Duplin .
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
APS Supervisor
585 Waughtown Street
Winston-Salem, NC 27107
Phone: (336) 771-4660 .
Fax: (336) 771-4630
' Alamance " . Rockingham
Alleghany".. Randolph,
=
Ashe Stokes
Caswell Surry
Davidson ^ Watauga
Davie Wilkes
Forsyth " :. 'Yadkin
Guilford .