HomeMy WebLinkAboutWQ0001347_Final Permit_20050826"�CF W A rl 9z Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
O Alan W. Klimek, P.E., Director
Division of Water Quality
August 26, 2005
I. Patricia Henry, Plant Manager
Miller Brewing Company
PO Box 3327
Eden, NC 27288
Subject: Permit No. WQ0001347
Eden NC Brewery
Distribution of "Farm ON" Waste Products of
Exceptional Quality (503 exempt)
Rockingham County
Dear Ms. Henry:
In accordance with your application received on September 30, 2003, we are forwarding herewith
Permit No. WQ0001347, dated August 26, 2005, to Miller Brewing Company for the distribution,
marketing/land application of a residual containing waste products which meet exceptional quality
standards.
This permit shall be effective from the date of issuance until July 30, 2010, shall void Permit No.
WQ0001347 issued April 9, 1999, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring and reporting requirements contained in this
permit. Failure to establish an adequate system for collecting and maintaining the required operational
information will result in future compliance problems.
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 thirty (30) days following receipt of
this permit. This request must be in the form: of a written petition, conforming to Chapter 150E 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.
If you need additional information concerning tl
email at michelle.mckay@ncmail.net or by phone at (919)
Alan W. Klimek, P.E.
Ile McKay by
cc: Rockingham County Health Department
Winston-Salem Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
Aquifer Protection Section Central Files
NDPU Residuals Program Coordinator
NorhCarolina
Naturallbl
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221
Customer service
Internet: http:/lh2o.enr.state.nc_us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588
1-977-623-6748
Fax (919) 715-6048
An Equal opportunity/Affirmative Action Employer — 50% Recycled/100% Post Consumer Paper
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
PERMIT FOR THE DISTRIBUTION OF RESIDUALS OF EXCEPTIONAL QUALITY
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
Diller Brewing Company, Eden ETC Brewery
Rockingham County
FOR THE
continued operation of a process residuals program for the distribution and marketing of residuals which
meet exceptional quality standards throughout the State of North Carolina, consisting of the distribution
of 10,000 dry tons per year of residuals from the sources listed in Condition 112, with no discharge of
wastes to the surface waters, pursuant to the application received on September 30, 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 July 30, 2010, shall void Permit No.
WQ0001347 issued April 9, 1999, and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
The distribution residuals 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.
2. This permit shall become voidable in the event of failure of the residuals program to
adequately protect the assigned water quality standards of the surface waters and
groundwaters.
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.
4. In the event that the residuals 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. Diversion or bypassing of the untreated residuals or leachate from the residual treatment
facilities is prohibited.
6. All leachate must be reused as a wetting agent for the processing of residuals or routed to the
head of the treatment plant.
IL OPERATION AND MAINTENANCE RE UIREMENTS
1. The residuals treatment facilities shall be properly maintained and operated at all times.
2. No residuals other than the following are hereby approved for distribution in accordance with
this permit:
Permit Volume
Source County Number _(Dry Tons/Year
Miller Brewing Company Rockingham NCO029980 10,000
Eden NC Brewery
3. All residuals shall be adequately stored to prevent leachate runoff until treated. The finished
product may be placed on a concrete pad, placed under shelter or covered until such time as it
is distributed to the buyer. If an alternate storage site is to be used, approval must be obtained
from the Division.
4. No other residuals other than those specified under Condition II 2 above may be distributed.
The Permittee shall request and obtain a permit amendment from the Division for each
additional residual source prior to acceptance of that residual.
5. For a residual to be sold or given away in bags or other container for application to the land,
the following must be satisfied:
The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average
Concentrations (Dry Weight Basis) must be maintained:
Ceiling Monthly Average
Concentrations Concentrations
Parameters mpg mgikg
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Nickel
420
420
Zinc
7,500
2,800
6. Upon classification of the facility by the Water Pollution Control System Operators
Certification Commission (WPCSOCC), the Permittee shall employ a certified residuals
operator to be in responsible charge (ORC) of the residuals program. The operator must
hold a certificate of the type classification assigned to the residuals program by the
WPCSOCC. The Permittee must also employ a certified back-up operator of the
appropriate type to comply with the conditions of 15A NCAC 8G .0202.
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7. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying pollutants from the residuals treatment area onto the adjacent property or into
any surface waters.
A label shall be affixed to the bag or other container in which residuals that are sold or
given away for application to the land, or an information sheet shall be provided to the
person who receives the residuals sold or given away in an other container for application
to the land. The label or information sheet shall contain the following information:
a. The name and address of the person who prepared the residuals thatis sold or given
away in a bag or other container for application to the land.
b. A statement that application of the residuals to the land is prohibited except in
accordance with the instructions on the label or information sheet.
c. A statement which identifies that this material shall be prevented from entering any
public or private water supply source (including wells) and any stream, lake, or river.
d. Residuals shall not be applied to any site that is flooded, frozen or snow-covered.
e Adequate procedures shall be provided to prevent surface runoff from carrying any
disposed or stored residuals into any surface waters.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue -
analyses) deemed necessary by the Division to insure protection of the environment will be
established and an acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee tracking all residual activities. These
records shall include, but are not necessarily limited to the following information:
a. source, volume and analysis of each residuals
b. name of residuals' recipient, volume received, and intended use
3. A residual analysis shall be conducted quarterly by the Permittee for any quarter of the year
in which residuals are distributed, otherwise analysis is only required once per permit cycle
prior to permit renewal_ The results of all analysis shall be maintained on file by the
Permittee for a minimum of five years. The residuals analysis shall include the following
parameters:
Cadmium
Copper
Lead
Nickel
Zinc
Potassium
Aluminum
Ammonia -Nitrogen
Calcium
Magnesium
Nitrate -Nitrite Nitrogen
% Total Solids
PH
Phosphorus
Sodium
TKN
Plant Available Nitrogen (by calculation)
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After the residuals have been monitored for two years at the above frequency, the Permittee
may submit a request to the Division for a permit modification to reduce the frequency of
monitoring for pollutant concentrations. In no case, however, shall the frequency of
monitoring be less than once per year when residuals are sold or given away.
4. A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the
Permittee annually for any year in which residuals are distributed, otherwise the analysis shall
be conducted once per permit cycle prior to renewal. The TCLP analysis shall include the
following parameters (please note the regulatory level in mglL in parentheses):
Arsenic (5.0)
Cadmium (1.0)
Chlorobenzene (100.0)
o-Cresol (200.0)
Cresol (200.0)
1,2-Dichloroethane (0.5)
Endrin (0.02)
Hexachlorobenzene (0.13)
Lead (5.0)
Methoxychlor (10.0)
Pentachlorophenol (100.0)
Silver (5.0)
Trichloroethylene (0.5)
2,4,5-TP (Silvex) (1.0)
Barium(100.0)
Benzene (0.5)
Carbon tetrachloride (0.5)
Chlordane (0.03)
Chloroform (6.0)
Chromium (5,0)
m-Cresol (200.0)
p-Cresol (200.0)
2,4-D (10.0)
1,4-Dichlorobenzene (7.5)
1,1-Dichloroethylene (0.7)
2,4-Dinitrotoluene (0.13)
Heptachlor (and its hydroxide) (0.008)
Hexachloro-1,3-butadiene (0.5)
Hexachloroethane (3.0)
Lindane (0.4)
Mercury (0.2)
Methyl ethyl ketone (200.0)
Nitrobenzene (2.0)
Pyridine (5.0)
Selenium (1.0)
Tetrachloroethylene (0.7)
Toxaphene (0.5)
2,4,5-Trichlorophenol (400.0)
2,4,6-Trichlorophenol (2,0)
Vinyl chloride (0.2)
After the residuals have been monitored annually for two years, the Permittee may submit a
request to the Division for a permit modification to reduce the frequency of the TCLP
analysis. In no case, however, shall the frequency of TCLP monitoring be less than once per
pernut cycle when residuals are sold or given away.
5. Three copies of all required monitoring and reporting requirements as specified in conditions
III 1, III 2, I113 and 1114 shall be submitted annually, for each year in which residuals have
been distributed, on or before March 1 of the following year to the following address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699
7. Noncompliance Notification:
The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone
number (336) 771-4600, 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 which results in the land application of
significant amounts of wastes which are abnormal in quantity or characteristic.
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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 facility has gone out of
compliance with the conditions and limitations of this permit or the parameters on which
the system was designed.
d. Any process unit failure, -due to known or unknown reasons, that render the facility
incapable of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system during transportation of
residuals.
Persons reporting such occurrences by telephone shall also file a written report in letter form
within five (5) days following first knowledge of the occurrence. This report must outline the
actions taken or proposed to be taken to ensure that the problem does not recur.
IV. GROUNDWATER REQUIREMENTS
1. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided.
V. INSPECTIONS
The Permittee or his designee shall inspect the residuals storage, transport, and treatment
facilities 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 treatment site or facility 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.
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the distribution activities are carried out in
accordance with the conditions of this permit, the supporting materials, and in the manner
approved by this Division.
2_ This permit is effective only with respect to the nature and volume of residuals described in
the application and other supporting data.
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This permit is not automatically transferable. In the event that there is a desire for the
facilities to change ownership or a name change of the Perinittee, a formal permit request
trust be submitted to the Division accompanied by an application fee, documentation from
the parties involved, and other supporting materials as may be appropriate. The approval of
this request will be considered on its merits and may or may not be approved.
4. 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 Statute 143-215.6A to 143-215.6C.
5. The annual administering and compliance fee trust be paid by the Permittee within thirty (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).
6. The issuance of this permit does not exempt the Permittee from complying with any and all
statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction, including but not limited to
applicable river buffer rules in 15A NCAC 2B.0200, 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 2H .0500.
7. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
8. This pen -nit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division deems necessary in order to adequately
protect the environment and public health.
Permit issued this the 26`h day of August 2005.
NORTH CA/OLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0001347
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