HomeMy WebLinkAboutWQ0004500_Final Permit_20030930OF WATER Michael F. Easley, Governor
QG William G. Floss Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
r-
-i Alan W. Klimek, RE., Director
O 'C Coleen H. Sullins, Deputy Director
Division of Water Quality
September 30, 2003
MR. ERIC S. WARNER, JR., PLANT MANAGER
ARCHER DANIELS MIDLAND COMPANY
1730 EAST MOORE STREET, S.E.
SOUTHPORT, NORTH CAROLINA 28461
Subject: Permit No. WQ0004500
Archer Daniels Midland Company
Southport, NC Manufacturing Facility
NitroGro Distribution Program
Distribution of Residual Solids (503 Exempt)
Brunswick County
Dear Mr. Warner:
In accordance with your permit modification application package received on August 15, 2001;
your permit renewal application package received on February 5, 2002; as well as the additional
information received on December 10, 2001; February 19, 2002; and September 15, 2003; we are
forwarding herewith a renewed and modified Permit No. WQ0004500, dated September 30, 2003, to
Southport, NC Manufacturing Facility of the Archer Daniels Midland Company (ADM) for the subject
residuals distribution/land application program.
This permit shall be effective from the date of issuance until August 31, 2008; shall void Permit
No. WQ0004500, issued on September 15, 1997; 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 VI.7.), as the Division does not send reminders to apply for permit renewal.
This permit is being issued to approve the continued operation of the residuals distribution/land
application program for another five-year cycle. The Division has also taken this opportunity to make
several changes to this permit so that the conditions and limitations contained therein are consistent with
other similar programs. As such, remember to take the time to review this permit thoroughly, as some
of the conditions contained therein may have been added, changed, or deleted since the last issuance. Pay
particular attention to the monitoring requirements in this permit. Failure to establish an adequate system
for collecting and maintaining the required operational information will result in future compliance
problems.
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
DENR Customer Service Center
An Equal Opportunity Action Employer
AIt
- i.IMR
Internet httpJ/h2o.enr.state.nc.us/ndpu
Telephone (919) 733-5083 Fax (919) 715-6048
Telephone 1 800 623-7748
50% recycled/10% post -consumer paper
Some issues that may be of interest to you include the following:
♦ Several pieces of historic documentation from you make the following statement:
"ADM is not a Part 503 regulated land application program, because we segregate
our sanitary waste water from our industrial waste waters, and therefore are [sic]
not required to permit our application sites. "
The fact that the residuals that you generate are not regulated under 40 CFR Part 503 is not
the reason why you are not required to permit individual land application sites. The Division
permits and monitors dozens of programs that are exempt from this federal regulation under
which specific sites must be approved. Rather, your program is unique in this regard because
NitroGro has low pollutant concentrations, should be absent of pathogens, and is a registered
fertilizer in the State of North Carolina.
♦ The original permit modification application package requested that Robeson County and
Sampson County be included among those counties in which the Division had previously
approved NitroGro for distribution/land application. Note that, with the issuance of this
permit, the distribution/land application of NitroGro is no longer limited to specific counties.
This is an example of a change that the Division has made to this permit so that it is more
consistent with other similar program. However, both you and the Division are aware that
NitroGro, despite being a registered fertilizer in the State of North Carolina, is quite odiferous
and can create nuisance conditions during distribution/land application. Therefore, Condition
1. 2. provides for the development and implementation of a plan that addresses issues such as
notification, complaint and nuisance condition resolution, and public education. The plan
must be presented to and discussed with the Water Quality Section staff of the Division's
Fayetteville Regional Office and Wilmington Regional Office as well as with every regional
office in which the program is to be expanded at least 30 calendar days prior to initiating any
distribution/land application events in the corresponding region.
♦ Although the Division is aware that NitroGro is a registered fertilizer in the State of North
Carolina, it may not be referred to as "biosolids" or as meeting the Class A requirements as
stipulated in 40 CFR Part 503 in marketing them to potential recipients.
♦ As a result of discussions initiated after a notice of violation issued on June 13, 1999 to the
contrary, the Division will consider surface application with incorporation to be a subsurface
application method (i.e., like injection) for the purpose of buffer establishment. Note,
however, that the incorporation must take place within six hours of the application event. In
addition, no volatilization of the ammonia -nitrogen present in the NitroGro may be assumed
when calculating the plant available nitrogen (PAN) concentration for NitroGro that is
applied in this manner.
♦ You may have noted in this permit that you are no longer required to keep track of lifetime
loading rates (LLRs) for certain pollutants (i.e., metals). This requirement has been
eliminated in exchange for compliance with Condition I. 9., which requires that NitroGro
meets both a ceiling concentration as well as a monthly average concentration for various
pollutants.
♦ NitroGro may exhibit high sodium adsorption rations (SAR) as well as low pHs, These
characteristics can have a deleterious impact on the agronomic integrity of the sites onto
which NitroGro is distributed/land applied. Although no longer a specific requirement of this
permit, soil sampling of the sites used in this program is recommended to continue, and
Condition M 19. requires that information and recommendations regarding agronomic issues
be provided to landowners and/or lessees/operators. Therefore, please ensure that your
program is designed to ensure adherence to this condition.
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♦ Staging or field storage of NitroGro is allowed by this permit, as the Division understands
that this is the most efficient and effective way to distribute/land apply the product.
Condition II. 4. contains the minimum requirements governing how such staging should
occur. The Division, however, would like to call your attention to the availability of
guidance that has been developed and published by the United States Environmental
Protection Agency, entitled "Guide to Field Storage of Biosolids (EPA/832-B-00-007),"
which may be downloaded from the web site at
http://www.epa.gov/ownutnetlmtblbiosolids/fsguide/. Note that, even though this document
was specifically developed to address the field storage of biosolids, it may have some
applicability to staging of organic waste material in general.
♦ The Division has agreed to reduce the frequency of required inspections of the residuals
treatment, storage, transport, and application facilities to monthly (i.e., see Condition V. 1.)
instead of requiring that such inspections be performed prior to each residuals
distribution/land application event. Note, however, that the Division will still hold the
Permittee liable for any permit violations that result from malfunctions, deterioration, and
operator errors that may have been noticed and resolved as a result of more frequent
inspections.
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 Ms. Shannon Mohr
Thornburg by telephone at (919) 733-5083, extension 353, or via e-mail at
shannon.thornburg@ncmail.net. Y
Sincere ,
,for Alan W. Klimek, P.E.
cc: Mr. Robert P. Willcox, Jr., Synagro South, Inc.
NC Department of Agriculture and Consumer Services -Plant Industry Division (Fertilizer Section)
Asheville Regional Office -Water Quality Section
Fayetteville Regional Office -Water Quality Section
Mooresville Regional Office -Water Quality Section
Raleigh Regional Office -Water Quality Section
Washington Regional Office -Water Quality Section
Wilmington Regional Office -Water Quality Section
Winston-Salem Regional Office -Water Quality Section
Technical Assistance and Certification Unit
Water Quality Central Files
NDPU Files
NDPU Residuals Program Coordinator
3
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
DISTRIBUTION OF RESIDUAL SOLIDS (503 EXEMPT) 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
Archer Daniels Midland Company
Brunswick County
FOR THE
continued operation of a residuals distribution/land application program for the Southport, NC
Manufacturing Facility of Archer Daniels Midland Company and consisting of the distribution/land
application of residuals generated by the residuals source -generating facilities listed in the most recently -
certified Attachment A and marketed under the product name NitroGro to unspecified land application
sites with no discharge of wastes to surface waters, pursuant to the permit modification application
package received on August 15, 2001; the permit renewal application package received on February 5,
2002; as well as the additional information received on December 10, 2001; February 19, 2002; and
September 15, 2003; 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, 2008; shall void Permit
No. WQ0004500, issued on September 15, 1997; and shall be subject to the following specified conditions
and limitations:
I. PERFORMANCE STANDARDS
Within 30 calendar days of this permit's issuance, the Permittee shall submit a letter, signed
by a principal executive officer of at least the level of vice president with the Permittee, that
specifically delegates the new signing official/responsible party for the purpose of this
permit's reissuance and subsequent compliance (i.e., Mr. Eric S. Warner, Jr., Plant Manager).
One copy of the requested information shall be submitted to the NCDENR-DWQ, Water
Quality Section, Non -Discharge Permitting Unit, c/o NDPU Residuals Program Coordinator,
1617 Mail Service Center, Raleigh, NC 27699-1617.
2. Within 90 calendar days of this permit's issuance, the Permittee shall evaluate the residuals'
ability to comply with Condition 1. 11. Three copies of the evaluation results shall be
submitted to the NCDENR-DWQ, Water Quality Section, Non -Discharge Permitting Unit, c/o
NDPU Residuals Program Coordinator, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Should it be determined that the residuals do not comply with Condition 1. 11., the Permittee
shall develop and implement a plan of action to attain such compliance within 360 calendar
days of this permit's issuance. If required, three copies of the plan shall be submitted to the
NCDENR-DWQ, Water Quality Section, Non -Discharge Permitting Unit, c/o NDPU
Residuals Program Coordinator, 1617 Mail Service Center, Raleigh, NC 27699-1617.
The Division shall not initiate enforcement action for failure to comply with Condition I. 11.
during this evaluation period or the plan of action development and implementation period, if
required.
3. Within 180 calendar days of this permit's issuance, the Permittee shall submit and
implement a plan consisting of the following minimum components:
a. A mechanism for notifying local governmental officials about the initiation of residuals
distribution/land application activities on any land application site being used for the first
time. This mechanism shall also include a component that involves notifying local
governmental officials about initiation of residuals distribution/land application activities
on any existing site (i.e., the site becomes incorporated into the Permittee's program) at
least once per permit cycle.
b. A mechanism for notifying the Water Quality Section of the appropriate Division of Water
Quality (Division) regional office at least monthly prior to the initiation of residuals
distribution/land application events that are projected to occur on land application sites
within that region's jurisdiction during the month so that the regional office is aware of the
event to allow for an inspection to be made of the site and application method if needed.
This mechanism shall also include a component that provides for assistance to the regional
office with regard to establishing site owner contact information as well as site location
and application areas, providing Permittee staff to assist during complaint investigations
and compliance inspections, notifying site owners and lessees/operators that the Division
may enter and inspect the site during an investigation without Permittee staff, etc.
c. A mechanism for responding, documenting, and resolving complaints regarding nuisance
conditions such as the generation and proliferation of odors. This mechanism shall also
include a component that provides for notification of the Water Quality Section of the
appropriate Division regional office in the event that a complaint is received.
d. A regular and consistent program to educate the public, including local governmental
officials, about the residuals distribution/land application program as well as the complaint
response/resolution mechanism.
One copy of the plan shall be submitted to the NCDENR-DWQ, Water Quality Section, Non -
Discharge Permitting Unit, c/o NDPU Residuals Program Coordinator, 1617 Mail Service
Center, Raleigh, NC 27699-1617. In addition, the Permittee shall provide one copy of the plan
to the Water Quality Section of the Division's Fayetteville Regional Office and Wilmington
Regional Office and discuss the plan components during a conference between the staff of the
regional office, the Permittee, as well as the Permittee's residuals management
firm/consultant.
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4. The residuals distribution/land application program 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.
5. This permit shall become voidable in the event of failure of the residuals distribution/land
application program to protect the assigned water quality standards of the surface waters and
groundwater adequately.
6_ The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface waters or groundwater resulting from the operation of this residuals distribution/land
application program.
7. In the event that the residuals distribution/land application program is not operated
satisfactorily, including the creation of nuisance conditions, the Permittee shall cease
distributing/land applying residuals, contact the Water Quality Section of the appropriate
Division's regional office, and take any immediate corrective actions as may be required by
the Division.
S. No residuals other than those generated by the residuals source -generating facilities Iisted in
the most recently -certified Attachment A of this permit shall be approved for distribution/land
application in accordance with this permit. The Permittee shall request and obtain a permit
modification from the Division for each additional residuals source -generating facility or each
additional product generated by a currently -certified residuals source -generating facility prior
to acceptance into the residuals distribution/land application program.
9. Only residuals that are non -hazardous under the Resource Conservation and Recovery Act
(RCRA) shall be approved for distribution/land application in accordance with this permit.
10. In order to be distributed/land applied under the conditions of this permit, the pollutant
concentrations in any residuals shall not exceed the following Ceiling Concentrations (i.e.,
dry weight basis) or the following Monthly Average Concentrations (i.e., dry weight basis):
Parameter
Ceiling Concentration
(milligrams per kilogram)
Monthly Average
Concentration
(milligrams per kilogram)
Arsenic
75
41
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Mercury
57
17
Molybdenum
75
n/a
Nickel
420
420
Selenium
100
100
Zinc
7,500
2,800
11. In order to be distributed/land applied under the conditions of this permit, the residuals shall
be essentially pathogen -free, as evidenced by the testing of seven separate and representative
samples of the residuals for the presence of fecal colifonn in accordance with Condition III.4.
of this permit. Distribution/land application of the residuals shall be strictly forbidden in any
sample results in a fecal coliform density of 1,000 most probable number (MPN) or coliform
forming units (CFU) per gram of total dry solids. Note that utilization of the geometric mean
shall not be allowed to meet this condition. Only residuals that are generated by the residuals
source -generating facilities that are identified as being exempt from this condition in the most
recently -certified Attachment A shall not be required to comply with this requirement.
12. At least 30 calendar days before initiating a residuals distribution/land application event in any
of the Division's regions except the Fayetteville and Wilmington regions, the Permittee shall
hold a conference between its staff, that of the Water Quality Section of the appropriate
Division regional office, as well as that of the Permittee's residuals management
firm/consultant to present the Permittee's established notification/complaint action plan, to
discuss the plan components, and to determine any region -specific requirements that may be
required.
II. OPERATION AND MAINTENANCE RE UIREMENTS
The facilities and residuals distribution/land application program shall be properly maintained
and operated at all times.
2. Upon classification of the residuals distribution/land application program by the Water
Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee
shall designate a certified operator to be in responsible charge (ORC) of the program. The
operator shall hold a certificate of the type classification assigned to the program by the
WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate
type to comply with the conditions of 15A NCAC 8G .0202.
All residuals distributed/land applied under the conditions of this permit shall be
distributed/land applied only by a person currently certified as a land application/residuals
operator or under the direct supervision of a person currently certified as a land
applicationlresiduals operator that is a staff member of either the Permittee or the Permittee's
residuals management firm/consultant.
3. Diversion of bypassing of untreated residuals or wastewater from the residuals source -
generating facilities listed in the most recently -certified Attachment A shall be prohibited. All
leachate and/or liquids from residuals storage areas shall be reused as a wetting agent for the
processing of residuals or disposed of through a Division -approved method.
4. No residuals shall be stored at any location other than at the residuals source -generating
facilities (i.e., in storage areas that have been approved by the Division through an issued
Authorization to Construct) listed in the most recently -certified Attachment A at any time,
unless written approval has first been requested and obtained from the Division.
Staging/temporary storage of residuals at a land application site without prior Division
approval shall be allowed only if the Permittee adheres to the following criteria:
a. Only solid residuals shall be staged.
b. Staging areas shall meet the same buffers as for residuals distribution/land application as
are stipulated in Condition 11. 6.
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c. Staging areas shall be selected such that the location is unlikely to create nuisance
conditions.
d. Appropriate measures shall be taken to prevent the direct contact of stormwater with
staged residuals or runoff of staged residuals from the staging area.
e. Staged residuals shall be distributed/land applied within 24 hours of leaving the residuals
source -generating facility unless time extensions are granted by the Water Quality Section
of the appropriate Division's regional office due to inclement weather or other justifiable
reasons.
f. All staged residuals shall be removed from the staging area and appropriately
distributed/land applied under the conditions of this permit. The staging area shall be
restored to its previous condition.
5. A copy of this permit shall be maintained in all manned equipment at the Iand application sites
when residuals are being distributed/land applied during the life of this permit. A spill
prevention and control plan shall be maintained in all residuals transport and application
vehicles.
6. When distributing/land applying residuals under the conditions of this permit, the following
buffer zones shall be maintained at all times:
a. 400 feet from residences or places of public assembly under separate ownership for
surface application methods; however, the buffer zone requirement may be reduced to a
minimum of 100 feet upon written consent of the owner (i.e., executed copies of Form
B WAA shall be maintained by the Perrnittee for a minimum of five years following the
residuals distribution/land application event);
b. 200 feet from residences or places of public assembly under separate ownership for
subsurface application methods; however, the buffer zone requirement may be reduced to
a minimum of 100 feet upon written consent of the owner (i.e., executed copies of Form
BWAA shall be maintained by the Permittee for a minimum of five years following the
residuals distribution/land application event);
c. 100 feet from any public or private water supply source (i.e., including wells), waters
classified as SA or SB, and any Class I or Class II impounded reservoir used as a source of
drinking water for both methods;
d. 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal
waters and any other lake or impoundment for surface application;
e. 50 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal
waters and any other Iake or impoundment for subsurface application;
f. 50 feet from property lines for both surface and subsurface application methods;
g. 50 feet from public right of ways for both surface and subsurface application methods;
h. 10 feet from upslope interceptor drains and surface water diversions for both surface and
subsurface application methods; and
i. 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage
systems, and surface drainage ditches for both surface and subsurface application methods.
E
Note that the Division shall consider surface application with incorporation to be a subsurface
application method (i.e., like injection) for the purpose of buffer establishment as long as the
incorporation takes place within six hours of the application event. However, when residuals
are applied in this manner, no volatilization of the ammonia -nitrogen present in the residuals
may be assumed when calculating the plant available nitrogen (PAN) concentration.
7. Maximum slope for the distribution/land application of residuals shall be 10 percent for
surface application methods and 18 percent for subsurface application methods.
8. Specific residuals land application area boundaries shall be clearly marked on each land
application site prior to and during a residuals distribution/land application event.
9. Prior to distribution/land applying residuals to any land application site that has previously
received or is intended to receive animal waste (e.g., poultry litter, etc.) or other source of
nutrients (e.g., fertilizer, etc.) in the future, the Permittee shall obtain information pertaining to
the volume and analysis of the applied waste/nutrients from the landowner and/or
lessee/operator of the site. The Permittee shall be responsible for verifying the volume of
residuals that may be land applied to the site such that the PAN loading rate for the specified
crop (i.e., see Condition 11. 11.) shall not be exceeded by all of the sources of PAN applied.
Should the maximum PAN loading rate be met or exceeded, then no additional residuals shall
be land applied to the site.
10. A suitable vegetative cover, as listed in Condition 11. 11., shall be maintained on land
application sites onto which residuals are distributed/land applied.
11. Residuals and other sources of PAN shall be distributed/land applied to all land application
sites at agronomic rates. Under no circumstances shall the following PAN loading rates
distributed/land applied to any site exceed the following for the specified crops:
PAN
PAN
Crop
(pounds per
Crop
(pounds per
acre per year)
acre per year)
Alfalfa
200
Millet
180
Bermuda Grass
220
Milo
100
(Hay or Pasture)
Blue Grass
120
Small Grain
100
(Wheat, Barley, or Oats)
Corn
160
Sorghum or Sudex
180
(Grain)
(Pasture)
Corn
200
Sorghum or Sudex
220
(Silage)
(Silage)
Cotton
70
Soybeans
200
Fescue
250
Sudangrass
180
Forest
75
Timothy, Orchard, or
200
(Hardwood or Softwood)
Rye Grasses
The Permittee shall apply for and receive a modification of this permit before land applying
residuals on any land application site that is to be established in a crop other than those listed
above. A maximum PAN loading rate for the desired crop shall be approved with the permit
modification.
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If the land application sites are to be overseeded (e.g., bermuda grass in the summer and rye
grass in the winter with, BOTH crops to receive residuals), then the second crop shall receive
an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice
shall be allowed as long as the second crop is to be harvested. If the second crop is to be
planted for erosion control only and is to be tilled into the soil, then no residuals shall be land
applied to these sites because the PAN will essentially be returned to the soil.
Residuals shall not be land applied at rates greater than agronomic rates, unless authorized by
the Division.
12. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying
residuals (i.e., staged/stored or distributed/land applied) from the land application sites onto
adjacent properties or into any surface waters.
13. Adequate procedures shall be provided to prevent surface runoff from carrying any
staged/stored or distributed/land applied residuals into any surface waters.
14. Surface -applied residuals shall be incorporated within 24 hours after distribution/land
application on land application sites with no cover crop established.
15. For land application sites that are prone to flooding or within the 100-year flood elevation,
residuals shall be distributed/land applied only during periods of dry weather. The residuals
shall be incorporated into the soil within 24 hours after distribution/land application.
16. For land application sites that are dominated by soils series with drainage classes of
moderately well drained, as defined by the Natural Resources Conservation Service, and
higher, residuals shall not be distributed/land applied during inclement weather or until 12
hours following a rainfall event of 0.5-inch or greater in 24 hours. For land application sites
that are dominated by soil series with any other drainage classes, residuals shall not be
distributed/land applied during inclement weather or until 24 hours following a rainfall event
of 0.5-inch or greater in 24 hours. In either case, residuals shall not be distributed/land
applied on areas of ponded/standing water. Any emergency residuals distribution/land
application measures shall first be approved in writing by the Division.
17, Residuals shall not be distributed/land applied to any land application site that is flooded,
frozen, or snow-covered.
18. Appropriate measures shall be taken to control public access to the land application sites
during active site use.
19. All recipients of the distributed/land applied residuals shall be provided with an
information/data sheet that contains the following minimum information:
a. The name, address, and telephone number of the person who prepared the residuals,
b. The name, address, and telephone number of the person distributing/land applying the
residuals.
c. A description of the source of the residuals or the process by which the residuals were
generated.
d. A summary of the results from the most -recent round of residuals sampling/monitoring.
e. A summary of the volume of residuals distributed/land applied per acre.
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f. A summary of the nutrients (i.e., PAN, phosphorus, and potassium) applied per acre.
g. A list of recommendations to the recipient of the residuals regarding land application site
use, soil testing, pH monitoring and adjustment, exchangeable sodium percentage (ESP)
monitoring and adjustment, as well as other relevant agronomic information.
III. 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. Residuals generated by each residuals source -generating facility listed in the most -recently -
certified Attachment A of this permit shall be analyzed to demonstrate that they are non-
hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity,
ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure
(TCLP) analysis shall be conducted on residuals generated by each residuals source -
generating facility listed in the most recently -certified Attachment A of this permit. The
analyses shall be performed at the frequency specified in the most recently -certified
Attachment A of this permit, and the results shall be maintained on file by the Permittee for a
minimum of five years. If residuals generated by a particular residuals source -generating
facility are distributed/land applied at a frequency less than that which is specified in the most
recently -certified Attachment A of this permit, the analyses shall be required for each
residuals distribution/land application event. Only residuals that are generated by the residuals
source -generating facilities that are identified as being exempt from this condition in the most
recently -certified Attachment A of this permit shall not be required to comply with this
monitoring requirement.
The TCLP analysis shall include the following parameters (i.e., note the regulatory level in
milligrams per liter in parentheses);
Arsenic (5.0)
1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5) Pentachlorophenol (100.0)
Benzene (0.5)
1, 1 -Dichloroethylene (0.7) Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13) Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02) Silver (5.0)
Chlordane (0.03)
Hexachlorobenzene (0.13) Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0)
m-Cresol (200.0)
Lead (5.0) 2,4,6-Trichlorophenol (2.0)
o-Cresol (200.0)
Lindane (0.4) 2,4,5-TP (Silvex) (1.0)
p-Cresol (200.0)
Mercury (0.2) Vinyl chloride (0.2)
Cresol (200.0)
Methoxychlor (10.0)
2,4-D (10.0)
Methyl ethyl ketone (200.0)
After the residuals have been monitored as specified above for two years at the frequency
specified in the most recently -certified Attachment A of this permit, the Permittee may submit
a request to the Division for a permit modification to request a reduction of this monitoring
requirement. In no case, however, shall the frequency of monitoring be less than once per
permit cycle.
A representative analysis shall be conducted on residuals generated by each residuals source -
generating facility listed in the most recently -certified Attachment A of this permit. The
analysis shall be performed at the frequency specified in the most recently -certified
Attachment A of this permit, and the results shall be maintained on file by the Permittee for a
minimum of five years. If residuals generated by a particular residuals source -generating
facility are distributed/land applied at a frequency less than that which is specified in the :most
recently -certified Attachment A of this permit, an analysis shall be required for each residuals
distribution/land application event. The analysis shall include, but shall not necessarily be
limited to, 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 Kjeldahl Nitrogen
Zinc
Plant Available Nitrogen
(by calculation)
After the residuals generated by a particular residuals source -generating facility have been
monitored for two years at the frequency specified in the most recently -certified Attachment A
of this permit, 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 a residuals distribution/land application
event of residuals generated by the residuals source -generating facility occurs during that year.
4. Residuals generated by each residuals source -generating facility listed in the most recently -
certified Attachment A of this permit shall be monitored for compliance with Condition I. 11.
The monitoring shall be performed at the frequency specified in the most recently -certified
Attachment A of this permit, and the results of all analyses shall be maintained on file by the
Permittee for a minimum of five years. Only residuals that are generated by the residuals
source -generating facilities that are identified as being exempt from Condition I. 11. in the
most recently -certified Attachment A of this permit shall not be required to comply with this
monitoring requirement.
5. Laboratory analyses as required by Condition III. 2., Condition 111. 3., and Condition III. 4.
shall be performed/gathered on the residuals as they are to be distributed/land applied.
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 .0800 or 15A NCAC 2H .1100.
6. Proper records shall be maintained by the Permittee tracking all residuals distribution/land
application events. These records shall include, but are not necessarily limited to, the
following information:
a. Source/type of residuals;
b. Date of residuals distribution/land application;
Location of residuals distribution/land application (i.e., site owner name, address, and
telephone number; approximate site location; site number, etc.);
d. Net acreage of land application site;
e. Method of residuals land application (i.e., surface, subsurface, etc.);
f. Weather conditions (i.e., sunny, cloudy, raining, etc.);
g. Soil conditions (i.e., dry, wet, frozen, etc.);
h. Type of crop or crops to be grown on site;
i. Volume of residuals distributed/land applied in gallons per acre, dry tons per acre, or
kilograms per hectare;
j. Volume of animal waste or other sources of nutrients applied in gallons per acre, dry tons
per acre, or kilograms per hectare (if applicable); and
k. Annual totals of dry tons per acre of residuals as well as animal waste and other sources of
nutrients (i.e., if applicable), annual pounds per acre of PAN, and annual pounds per acre
of phosphorus applied to each site.
7. Two copies of all required monitoring and reporting requirements as specified in Condition
III. 1., Condition III. 2., Condition III. 3., Condition M. 4., Condition III. 5., and Condition
111. 6. shall be submitted annually on or before March 1st of the year following the residuals
distribution/land application event to the following address:
NCDENR-DWQ
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
In addition to the two copies referenced above, one additional copy shall be provided for each
of the Division's regional offices associated with the regions in which residuals
distribution/land application events occurred during the previous calendar year.
8. Noncompliance Notification:
The Permittee shall report by telephone to the Water Quality Section of the appropriate
Division regional office (i.e., see Attachment B), 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 residuals distribution/land application program that results in the
distribution/land application of significant amounts of residuals that are abnormal in
quantity or characteristic.
b. Any failure of the residuals distribution/land application program resulting in a release of
material to receiving waters.
c. Any time that self -monitoring information indicates that the residuals distribution/land
application program has gone out of compliance with the conditions and limitations of this
permit or the parameters on which the program was designed.
d. Any process unit failure, due to known or unknown reasons, that render the residuals
distribution/land application program incapable of adequate residuals treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals to the
land application site.
Persons reporting such occurrences by telephone shall also file a written report in letter form
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.
10
IV. GROUNDWATER REQUIREMENTS
I. Land Application Site Requirements:
a. No residuals shall be land applied to any land application site when the vertical separation
between the depth of residuals distribution/land application and the water table is less than
one foot. The actual water table depth shall be verified by soil borings within 24 hours
prior to any residuals distribution/land application event. The number of borings
advanced shall be sufficient to characterize water table conditions across the site
adequately. Any open borings shall be properly filled with native soil, prior to the
residuals distribution/land application event, to decrease the chance of any residuals
contanunating the groundwater.
2. Applicable Boundary Requirements:
a. The COMPLIANCE BOUNDARY for residuals distribution/land application programs is
specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and
Standards"). The Compliance Boundary for each land application site is established at
either 250 feet from the residuals land application area or 50 feet within the property
boundary, whichever is closest to the residuals land application area. An exceedance of
Groundwater Quality Standards at or beyond the Compliance Boundary is subject to
immediate rernediation action according to 15A NCAC 2L .0106 (d)(2).
b. The REVIEW BOUNDARY shall be established around each land application site
midway between the Compliance Boundary and the perimeter of the residuals Iand
application area. Any exceedance of Groundwater Quality Standards at the Review
Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(2).
Additional Requirements:
a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
At least once per month, the Permittee or his designee shall inspect the residuals treatment,
storage, transport, and application facilities to prevent malfunctions and deterioration, operator
errors, and discharges that 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 residuals treatment, storage, transport, and application facilities 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.
11
VI. GENERAL CONDITIONS
This permit shall become voidable unless the residuals distribution/land application events are
carried out 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 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 15A NCAC 211.0205 (c)(4).
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 NCG010000, and any
requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC .0500.
6. This permit may be modified, revolted, 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 facilities
and residuals distribution/Iand application 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
residuals distribution/land application program to change ownership or to change the name of
the Permittee, a formal permit request shall be submitted to the Division along with
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 thirtieth day of September, 2003.
NORTH CA A ENVIR ENTAL MANAGEMENT COMMISSION
jar Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0004500
12
ATTACHMENT A - Approved Resid]!Rl Source -Generating Facilities
Permit No. WQ0004500
Archer Daniels Midland Company
Southport, NC Manufacturing Facility NitroGro Distribution Program
Owner
Facility or Product Name
County
Permit Number
Issued By
Is 503?
Maximum
Dry Tons
Per Year
Monitoring
Frequency for
Condition IIL 2.
Monitoring
Frequency for
Condition 111.3. and
Condition W. 4,
Approved
Mineralization
Rate
Archer Daniels Midland g2m2any
Southport. NC Manufacturing Plant'
Brunswick
NCO027065
DWQ
non 503
See Below
See Below
See Below'
See Below
Archer Daniels Midland Company
NitroGro Is
Brunswick
NCO027065
DWQ
non 503
0.00
Not RezTuired
Not Required
0.40
Archer Daniels Midland Company
NitroGra II"
Brunswick
NCO027065
D-WQ
non 503
44,044.00
Annually
monthly
0.40
Archer Daniels Midland Company
NitroGro 111't
Brunswick
I NCO027065
DWQ
non 503
16,446.00
Annually
Every 60 Days
0.40
Archer Daniels Midland Com an
Ni"Gro IV`
Brunswick
NCO027065
DWQ
non 503
5,014.00
Annually
Every 60 Days
0.40
Archer Dauiets Midland Company
NitroGro Vr
Brunswick
NCO027065
DWQ
non 503
0.00
Not Required
Not Required
0.40
Total
65 504.00
Only residuals derived from the treatment of industrial wastewater shall be approved for disttibutionlland application in accordance with this permit. It is the Division's understanding that domestic wastewater generated from
the Permittee's Southport, NC Manufacturing Facility is managed separately from industrial wastewater (i.e., treated in a different facility and discharged to a different eutfall). Under no circumsumce shall domestic wastewater
be introduced to this wastewater treatment plant. A modification to this permit shall be requested to and approved by the Division if there is a desire to combine the domestic and industrial wastewater sources.
This product is generated from the aerobic digestion of industrial wastewater.
This product is generated from the aerobic digestion of industrial wastewater.
" This product is a hiomass that results from the controlled fermentation of sugar to citric acid.
° This product is a biomass that is similar to NitroGro III, except that sand and grit with a diatomaceous filter aid that were used to facilitate filtration has been added.
r This product is a biomass that results from the controlled fermentation of sugar to MSG.
Each NitroGro product shall be tested for compliance with Condition 1. 11. prior to each residuals distributionliand application event for the first calendar year following this permit's issuance. A residuals distributlonhand application event
shall be defined as the time period during which residuals are removed from storage such that the volume has been reduced to a level that is satisfactory to meet the residuals management needs of the Permittee. one set of samples
shall be sufficient for each event as long as no additional residuals are added to storage during the event. Any time that additional residuals are added to storage during an event, another set of samples shall be taken so that compliance
with Condition 1. 11. may be verified before the event: continues. If the samples from each event taken from the first calendar year complies with the limits set forth in Condition 1. 11., then the monitoring frequency tray be reduced
to the frequency listed in the table above. Note, however, if the wastewater treatment plant is reseeded from another wastewater treatment plant That treats domestic wastewater for any reason (e.g., upset of the biological process, etc.),
the Permittee shall test prior to each event for another calendar year, and the monitoring frequency may be reduced only as described above,
Permit No. WQ0004500 Page 1 of I Certification pate: September 30, 2003
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Attachment B
DIVISION OF WATER QUALITY REGIONAL OFFICES
Asheville Regional Office
Fayetteville Regional Office
Mooresville Regional Office
WQ Supervisor
WQ Supervisor
WQ Supervisor
59 Woodfin Place
Wachovia Building, Suite 714
919 North Main Street
Asheville, NC 28801
Fayetteville, NC 28301
Mooresville, NC 28115
Phone: (828) 251-6208
Phone: (910) 486-1541
Phone: (704) 663-1699
Fax: (828) 251-6452
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
WQ Supervisor
3800 Barrett Drive
Raleigh, NC 27609
Phone: (919) 571-4700
Fax: (919) 571-4718
Chatham
Durham
Edgecombe
Franklin
Granville
Halifax
Johnston
Lee
Nash
Northampton
Orange
Person
Vance
Wake
Warren
Wilson
Winston-Salem Regional Office
WQ Supervisor
585 Waughtown Street
Winston-Salem, NC 27107
Phone: (336) 771-4600
Fax: (336) 771-4630
Alamance Rockingham
Alleghany Randolph
Ashe
Stokes
Caswell
Surry
Davidson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford
Washington Regional Office
WQ Supervisor
943 Washington Square Mall
Washington, NC 27889
Phone: (252) 946-6481
Fax: (252) 946-9215
Beaufort
B ertie
Camden
Chowan
Craven
Currituck
Dare
Gates
Greene
Hertford
Hyde
Jones
Lenoir
Martin
Pamlico
Pasquotank
Perquimans
Pitt
Tyrell
Washington
Wayne
Wilmington Regional Office
WQ Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: (910) 395-3900
Fax: (910) 350-2004
Brunswick New Hanover
Carteret Onslow
Columbus Pender
Duplin