WQ0037135_Notice of Violation_20240517

North Carolina Department of Environmental Quality | Division of Water Resources
Winston-Salem Regional Office | 450 W. Hanes Mill Rd, Suite 300 | Winston-Salem, North Carolina 27105
336.776.9800

May 17, 2024

Delivered electronically via email to: [e-mail]

Zach Key, President
US Biosolids, Inc.
958 Hoots Road
Roaring River, NC 28669

SUBJECT: NOTICE OF VIOLATION (NOV-2024-PC-0312)
2023 Residuals Annual Report Review
US Biosolids, Residuals Land Application Program
Permit No. WQ0037135
Wilkes County

Dear Mr. Key:

On April 29, 2024, Division of Water Resources staff Kristen Potwora completed a review
of the 2023 Residuals Annual Report for WQ0037135. This review reflected non-
compliance with the subject permit.

The following violation was noted:
1. The City of Belmont TCLP analysis on 3/16/2023 reported a Methyl ethyl Ketone
concentration over the regulatory limit and still land applied in August 2023 on Field
#NC-GA-MH-2-4 and NC-GA-MH-2-5. The reported concentration was 318 ppm
or mg/L, but the regulatory limit in Permit Condition IV.2 is 200 ppm. Therefore,
these residuals are classified as hazardous or toxic waste and shall not be land
applied. DWR staff requested additional information from Zach Key regarding the
lab results on 5/6/24 to rule out an error being made at the lab. Zach responded
with this information on 5/15/24, stating that the lab couldn’t provide any
explanation for the high MEK results.

Based on the 2023 residuals annual report and a review of available
correspondence, the event described above constitutes a violation of the subject
permit. DWR staff requests that an explanation be provided for why these hazardous
residuals were land applied and detail any corrective action.

The following deficiencies were also noted:
A. Per Permit Condition III.3, the permittee shall notify WSRO by telephone “at least
one business day in advance of conducting any land application activity.” Based
on available records, DWR WSRO Staff was not notified prior to the March and

North Carolina Department of Environmental Quality | Division of Water Resources
Winston-Salem Regional Office | 450 W. Hanes Mill Rd, Suite 300 | Raleigh, North Carolina 27105
336.776.9800

July 2023 land application events. In the future, please contact Kristen Potwora
at 336-776-9697 or [e-mail] for all land application
notifications.
B. Field #NC-WK-CM-2 did not have a soil analysis completed in 2023, but a land
application event occurred in July 2023. Per Permit Condition IV.5, “an annual
representative soil analysis shall be conducted on each land application site listed
in Attachment B that received residuals during the calendar year.”
C. On the Annual Land Application Certification Form, DWR staff calculated that the
total number of acres utilized was 246.51 and the total amount of dry tons applied
was 606.51. The forms reported 247.41 acres and 664.46 dry tons applied. Please
review this discrepancy.

Please refer to the enclosed inspection report for additional comments and observations.
If you have any questions, please contact me or Kristen Potwora at the letterhead address
and phone number 336-776-9697, or by email at [e-mail] or
[e-mail].

Sincerely,

Jennifer F. Graznak, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO

Enc: Inspection Report
Cc: Wilkes County Environmental Health (electronic copy)
Compliance Inspection Report
Permit:WQ0037135 Effective:10/11/23 Expiration:09/30/24 Owner :U S Biosolids Inc
SOC:
Contact Person:
Region:
County:
Directions to Facility:
Wilkes
Winston-Salem
Zachery D Key
Effective:Expiration:Facility:U.S. Biosolids Class B Residuals Program
397 Riverside Dr
Forest City NC 28043
Title:Phone:[phone]President
Secondary ORC(s):
Phone:Certification:Primary ORC:
LA,System Classifications:
On-Site Representative(s):
Related Permits:
NC0020761 Town of North Wilkesboro - Thurman Street WWTP
NC0006564 Baxter Healthcare Corporation - Baxter Healthcare Corporation
NC0025909 Town of Rutherfordton - Rutherfordton WWTP
NC0021181 City of Belmont - Belmont WWTP
NC0020664 Town of Spindale - Spindale WWTP
NC0020567 Yadkin Valley Sewer Authority - Yadkin Valley Sewer Authority WWTP
NC0025984 Town of Forest City - Forest City WWTP
Secondary Inspector(s):
Primary Inspector:
Inspection Date:Exit Time:Entry Time:
Phone:
04/29/2024 08:00AM 01:00PM
Kristen Potwora 336-776-9800
Facility Status:
Permit Inspection Type:
Reason for Inspection:Inspection Type:
Not CompliantCompliant
Routine
Land Application of Residual Solids (503)
Annual Report Review
Question Areas:
Miscellaneous Questions Record Keeping Sampling
Pathogen and Vector Attraction
(See attachment summary)
Page 1 of 4
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0037135
04/29/2024 Annual Report Review
U S Biosolids Inc
Routine
Inspection Summary:
On April 29, 2024, Division of Water Resources staff Kristen Potwora completed a review of the 2023 Residuals Annual
Report for WQ0037135. This review reflected non-compliance with the subject permit.

The following violation was noted:
1.The City of Belmont TCLP analysis on 3/16/2023 reported a Methyl ethyl Ketone concentration over the regulatory limit
and still land applied in August 2023 on Field #NC-GA-MH-2-4 and NC-GA-MH-2-5. The reported concentration was 318 ppm
or mg/L, but the regulatory limit in Permit Condition IV.2 is 200 ppm. Therefore, these residuals are classified as hazardous
or toxic waste and shall not be land applied. DWR staff requested additional information from Zach Key regarding the lab
results on 5/6/24, to rule out an error being made at the lab. Zach responded with this information on 5/15/24, stating that
the lab couldn’t provide any explanation for the high MEK results.
Based on the 2023 residuals annual report and a review of available correspondence, the event described above constitutes
a violation of the subject permit. DWR staff requests that an explanation be provided for why these hazardous residuals were
land applied and detail any corrective action.
The following deficiencies were also noted:
A.Per Permit Condition III.3, the permittee shall notify WSRO by telephone “at least one business day in advance of
conducting any land application activity.” Based on available records, DWR WSRO Staff was not notified prior to the March
and July 2023 land application events. In the future, please contact Kristen Potwora at 336-776-9697 or
[e-mail] for all land application notifications.
B.Field #NC-WK-CM-2 did not have a soil analysis completed in 2023, but a land application event occurred in July 2023.
Per Permit Condition IV.5, “an annual representative soil analysis shall be conducted on each land application site listed in
Attachment B that received residuals during the calendar year.”
C.On the Annual Land Application Certification Form, DWR staff calculated that the total number of acres utilized was
246.51 and the total amount of dry tons applied was 606.51. The forms reported 247.41 acres and 664.46 dry tons applied .
Please review this discrepancy.
Observations:
•On the Annual Land Application Certification Form, the total number of application fields reported was 49. On October
11, 2023, a major permit modification was issued for Attachment A and B. This included 2 additional fields that were added
to the permit to make a total number of 51 application fields.
•The Annual Metals Field Loading Summary Form and the Annual Land Application Field Summary Forms reflected the
Attachment B version of the permit that was in effect during the land application events.
•MRO was given prior notification for land application events that occurred in Rutherford and Gaston County. Zach Key
was informed in the 2022 Annual Report Letter to include DWR staff from WSRO on all land application notifications for
record keeping purposes in the future.
Page 2 of 4
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0037135
04/29/2024 Annual Report Review
U S Biosolids Inc
Routine
Type Yes No NA NE
Distribution and Marketing
Land Application
Record Keeping Yes No NA NE
Is GW monitoring being conducted, if required?
Are GW samples from all MWs sampled for all required parameters?
Are there any GW quality violations?
Is GW-59A certification form completed for facility?
Is a copy of current permit on-site?
Are current metals and nutrient analysis available?
Are nutrient and metal loading calculating most limiting parameters?
a. TCLP analysis?
b. SSFA (Standard Soil Fertility Analysis)?
Are PAN balances being maintained?
Are PAN balances within permit limits?
Has land application equipment been calibrated?
Are there pH records for alkaline stabilization?
Are there pH records for the land application site?
Are nutrient/crop removal practices in place?
Do lab sheets support data reported on Residual Analysis Summary?
Are hauling records available?
Are hauling records maintained and up-to-date?
# Has permittee been free of public complaints in last 12 months?
Has application occurred during Seasonal Restriction window?
Comment:
Pathogen and Vector Attraction Yes No NA NE
a. Fecal coliform SM 9221 E (Class A or B)
Class A, all test must be <1000 MPN/dry gram
Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram
Fecal coliform SM 9222 D (Class B only)
Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram
b. pH records for alkaline stabilization (Class A)
c. pH records for alkaline stabilization (Class B)
Temperature corrected
d. Salmonella (Class A, all test must be < 3MPN/4 gram day)
Page 3 of 4
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0037135
04/29/2024 Annual Report Review
U S Biosolids Inc
Routine
e. Time/Temp on:
Digester (MCRT)
Compost
Class A lime stabilization
f. Volatile Solids Calculations
g. Bench-top Aerobic/Anaerobic digestion results
Comment:
Sampling Yes No NA NE
Describe sampling:
Is sampling adequate?
Is sampling representative?
Comment:
Page 4 of 4