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HomeMy WebLinkAboutWQ0001347_Final Permit_20140915AG a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director September 15, 2014 James A. Smith -- Vice President and Plant Manager MillerCoors, LLC 863 East Meadow Road Eden, North Carolina 27288 Dear Mr. Smith: John E. Skvarla, III Secretary Subject: Permit No. WQ0001347 Eden, NC Brewery Distribution of Class A Residuals (503 exempt) Rockingham County In accordance with your permit renewal request received January 30, 2014, we are forwarding herewith Permit No. WQ0001347, dated September 15, 2014, to MillerCoors, LLC for the continued operation of the subject residuals management program. This permit shall be effective from September 15, 2014 until July 31, 2019, shall void Permit No. WQ0001347 issued July 30, 2008, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachment A, for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. If any parts, requirements or limitations contained in this pen -nit are unacceptable, the Pennittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form 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, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact David Goodrich at (919) 807-6352 or david.goodrich@ncdenr.gov. Sincerely, for omas A. Reeder WATER QUALITY PERMITTING SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-807.84641 FAXT 919.807.6496 Internet, htto:lloortal.ncdenr.oro/weblwa An Equa! Opportunity 1 Affirmative Action Employer Mr. James A. Smith September 15, 2014 Page 2 of 2 cc: Rockingham County Health Department (electronic copy) Winston-Salem Regional Office, Water Quality Regional Operations Section (electronic copy) Beth Buffington, Public Water Supply Section — Protection and Enforcement Branch (electronic copy) Permit File WQ0001347 Digital Permit Archive WQ0001347 (electronic copy) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF RESIDUAL SOLIDS OF EXCEPTIONAL QUALITY (503 EXEMPT) 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 MillerCoors, LLC Rockingham County FOR THE continued operation of a residuals management program for MillerCoors, LLC and consisting of the distribution of residuals, generated as part of a biological wastewater treatment system (NPDES permit #NCO29980) at the Miller Coors LLC wastewater treatment facility in Eden, NC, with no discharge of wastes to surface waters, pursuant to the application received January 30, 2014, and in conformity with other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The use and disposal of residuals are regulated under Title 40 Code of Federal Regulations Part 257. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from September 15, 2014 until July 31, 2019, shall void Permit No. WQ0001347 issued July 30, 2008, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. No later than January 31, 2019, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. 2. No later than January 1, 2015, the pennittee shall submit the Operation and Maintenance (O&M) plan as required in Condition 111.2. to the Division. WQ0001347 Version 3.0 Shell Version 131016 Page 1 of 9 H. PERFORMANCE STANDARDS The subject residuals management program shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease distribution of residuals, contact the Winston-Salem regional office supervisor, and take any immediate corrective actions. 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this residuals management program. 3. Only residuals generated by the facilities listed in Attachment A are approved for distribution in accordance with this permit. 4. Pollutant concentrations in residuals distributed or applied to any land application site shall not exceed the following Ceiling Concentrations or Monthly Average Concentrations (i.e., dry weight basis): Ceiling Concentration Monthly Average Parameter (milligrams per kilogram) Concentration (milligrams per kilogram) Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Nickel 420 420 Zinc 7,500 2,800 5. Setbacks for land applied bulk residuals shall be as follows: Setback by residuals type Setback Description (feet) Liquid Cake* Private or public water supply 100 100 Surface waters (streams — intermittent and perennial, 100 25 perennial waterbodies, and wetlands) Surface water diversions (ephemeral streams, 25 0 waterways, ditches) Groundwater lowering ditches (where the bottom of 25 0 the ditch intersects the SHWT) Wells with exception to monitoring wells 100 100 Bedrock outcrops 25 0 * Unless otherwise noted in Attachment A, "cake" residuals are those that have greater than 15% solids by weight and can be stacked without flowing, as well as can be handled, transported and spread as a solid (e.g., using a backhoe, front end loader, slinger spreader, broadcast spreader or other equipment designed for handling solid materials) without leaving any significant liquid fraction behind. 6. Residuals that are distributed shall meet the Class A pathogen reduction requirements in 15A NCAC 02T .1106 (b)(2)(A) or (B). WQ0001347 Version 3.0 Shell Version 131016 Page 2 of 9 7. BuIk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science (htto://nutrients.soil.ncsu.edu/yields/index.ph-n). A copy shall be kept on file and reprinted every five years in accordance with Condition IV.6. c. If the RYE cannot be determined using methods (a) or (b) above, the Penmittee may use the RYE and appropriate nutrient application rates reported in any of the following documents: i. Crop management plan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group - Guidance Document: Chapter 1 (hitp://www.ncaer.gov/SWC/tech/documents/9th Guidance Doc_100109.pdf). iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards (ffp://f[p-fe.sc.egov.usda. ov/NHO/practice-standards/standards/590.pdfl. d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. 8. The Permittee shall not distribute Class A residuals that have a sodium adsorption ratio (SAR) of 10 or higher without prior written Division approval. The Permittee may seek approval by demonstrating that the entity accepting the residuals is: aware of the effects of a high SAR content; has agreed on proper residuals application rates; and has agreed to operational considerations to ensure that the high SAR content will not adversely impact the receiving sites. Recommendations regarding sodium application rate, soil amendments (e.g., gypsum, etc.) or a mechanism for maintaining site integrity and conditions conducive to crop growth, can be obtained from the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina Licensed Soil Scientist, or an agronomist. 9. 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. OPERATION AND MAINTENANCE REQUIREMENTS The residuals management program shall be properly maintained and operated at all times. The program shall be effectively maintained and operated as a non -discharge system to prevent any contravention of surface water or groundwater standards. WQ0001347 Version 3.0 Shell Version 131016 Page 3 of 9 2. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to 15A NCAC 02T .1110. Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan, at the minimum, shall include: a) Operational functions; b) Maintenance schedules; c) Safety measures; d) Spill response plan; e) Inspection plan including the following information: i. Names and/or titles of personnel responsible for conducting the inspections; ii. Frequency and location of inspections, including those to be conducted by the ORC, and procedures to assure that the selected location(s) and inspection frequency are representative of the residuals management program; iii. Detailed description of inspection procedures including record keeping and actions to be taken by the inspector in the event that noncompliance is observed pursuant to the noncompliance notification requirements under the monitoring and reporting section of the permit; f) Sampling and monitoring plan including the following information: i. Names and/or titles of personnel responsible for conducting the sampling and monitoring; ii. Detailed description of monitoring procedures including parameters to be monitored; iii. Sampling frequency and procedures to assure that representative samples are being collected. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to meet pathogen and vector attraction reduction requirements (e.g. facilities that land apply multiple times per year but have an annual sampling frequency, may need to sample during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the facility, the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC 08G .0201. The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition III. 2.), and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and designation requirements, please contact the Division of Water Resources' Technical Assistance & Certification Unit at (919) 733-0026. 4. When the Permittec land applies bulk residuals, a copy of this permit and a copy of O&M Plan shall be maintained at the land application sites during land application activities. When the Permittee transports or land applies bulk residuals, the spill control provisions shall be maintained in all residuals transport and application vehicles. When the Permittee land applies bulk residuals, adequate measures shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into surface waters. 7. When the Permittee land applies bulk residuals, a suitable vegetative cover shall be maintained on land application sites onto which residuals are applied in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or an agronomist and as approved by the Division. WQ0001347 Version 3.0 Shell Version 131016 Page 4 of 9 8. Bulk residuals shall not be land applied under the following conditions: a. If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat; b. If the application causes prolonged nuisance conditions; c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface water or groundwater standards; d. If the land is flooded, frozen or snow-covered, or is otherwise in a condition such that runoff of the residuals would occur; e. Within the 100-year flood elevation, unless the bulk residuals are injected or incorporated within a 24-hour period following a residuals land application event; f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; & If the slope is greater than 10% for surface applied liquid residuals, or if the slope is greater than 18% for injected or incorporated bulk liquid residuals; h. If the soil pH is not maintained at 6.0 or greater, unless sufficient amounts of lime are applied to achieve a final soil pH of at least 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals and lime mixture is suitable for the specified crop. Any approved variations to the acceptable soil pH (6.0) will be noted in this permit; i. If the land does not have an established vegetative cover unless the residuals are incorporated or injected within a 24-hour period following a residuals land application event. Any field that is in a USDA no -till program shall be exempted from meeting this vegetative cover requirement; j. If the vertical separation between the seasonal high water table and the depth of residuals application is less than one foot; k. If the vertical separation of bedrock and the depth of residuals application is less than one foot; 1. Application exceeds agronomic rates. 9. A Utilization Agreement between the Permittee and the entity agreeing to accept and distribute Class A bulk residuals shall be in place prior to distribution of the bulk residuals. The agreement shall specify the agreeing entity's responsibilities. The Permittee or his designee and the person responsible for application of the residuals shall sign the Utilization Agreement, which shall be considered expired concurrent with the permit expiration date, and shall be renewed during the permit renewal process. 10. At a minimum, the Utilization Agreement shall stipulate the following: By agreeing to accept the bulk Class A residuals, it is recognized that the application of these residuals is allowed under the conditions of this agreement. Land application of Class A residuals is considered the beneficial reuse of a waste under 15A NCAC 02T .I 100, and has been deemed permitted under 15A NCAC 02T .1103(4) provided the conditions of this agreement are met. Any action resulting in damages to surface water or groundwater, caused by failure to follow the conditions of this agreement, is subject to Division enforcement action; WQ0001347 Version 3.0 Shell Version 131016 Page 5 of 9 b. The person or entity accepting the bulk Class A residuals shall to the best of their knowledge meet the following application requirements: i. List all prohibitions under Condition I11.8 with a statement that bulk residuals shall not be land applied under these conditions. ii. Industrial Process Residuals shall not be stockpiled for more than 30 days prior to land application; iii. Application of bulk residuals shall not occur within 100 feet of a public or private water supply source; iv. Application of bulk residuals shall not occur within 100 feet of any well, with the exception of Division approved monitoring wells; v. Application of bulk residuals shall not occur within 25 feet of surface waters. c. The generator of the Class A bulk residuals shall provide information on the proper use of the residuals, including information on the nutrient quantities within the residuals and recommended application rates. A copy of the label or information sheet attached to bags or other containers, as specified in the labeling requirements under Condition 111.12., is sufficient; d. The applicator or party accepting bulk residuals from the Permittee shall supply all third parties receiving bulk residuals with documentation specifying that application shall occur consistent with the utilization agreement; e. Instructions, including contact information for key personnel, shall be provided to the applicator or party receiving bulk residuals in the event that any requirements specified in the utilization agreement are not met. f. A copy of the Utilization Agreement shall be maintained at the land application sites when bulk residuals are being applied. 11. All residuals shall be adequately stored to prevent untreated leachate runoff. The finished product may be placed on a concrete pad, placed under shelter or physically covered until it is distributed to the buyer. If an alternate storage site is used, approval trust be obtained froth. the Division. 12. A label shall be affixed to the bag or other container in which residuals are sold or given away for land application, or an information sheet shall be provided to the person who receives Class A residuals. At a minimum, the label or information sheet shall contain the following: a. The name and address of the person who prepared the residuals; b. A statement that residuals land application is prohibited except in accordance with the instructions on the label or information sheet; c. A statement identifying that this material shall be prevented from entering any public or private water supply source (including wells) and any surface water (e.g., stream, lake, river, wetland, etc.); d. A statement that the residuals shall be applied at agronomic rates and recommended rates for its intended use. 13. The Permittee shall not distribute bulk residuals to any person or entity known to be applying residuals contrary to the condition of the signed Utilization Agreement. WQ0001347 Version 3.0 Shell Version 131016 Page 6 of 9 IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sample reporting schedule shall be followed. 2. An analysis shall be conducted on the Class A residuals at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. The analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia -Nitrogen Molybdenum Selenium Arsenic Nickel Sodium Cadmium Nitrate -Nitrite Nitrogen Sodium Adsorption Ratio (sAR) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) 3. Laboratory parameter analyses shall be performed on the residuals as they are distributed, and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505. 4. The Pernittee shall maintain records tracking all bulk residuals distribution or land application events performed by the Permittee. At a minimum, these records shall include the following: a. Source of residuals; b. Date of distribution/land application; c. Name and address of recipient of residuals; d. Volume of residuals distributed to each recipient; e. Intended use of residuals; f. If land application events performed by the Permittee - Nitrogen Application Rate based on RYEs (if using data obtained from the North Carolina State University Department of Soil Science Website, the printout page shall be kept on file and reprinted every five years). 5. Three copies of an annual report shall be submitted on or before March 15t. The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms. Instructions for reporting and annual report forms are available at http://portal.ncdenr,oweb/wq%a_sp /lau/reporting, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 WQ0001347 Version 3.0 Shell Version 131016 Page 7 of 9 6. Noncompliance Notification The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone number (336) 771-5000, 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 resulting in the land application of significant amounts of wastes that are abnormal in quantity or characteristic. b. Any failure of the distribution program resulting in a release of material to surface waters. e. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of adequate residuals treatment. e. Any spill or discharge from a vehicle or piping system during residuals transportation. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.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. V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the subject facilities and shall be in accordance with the approved O&M Plan. 2. Prior to each bulk residuals land application event, the Permittee or his designee shall inspect the residuals storage, transport and application facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of inspection, and this log shall be made available to the Division upon request. 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the land application sites or facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit; and may collect groundwater, surface water or leachate samples. VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143- 215.6A to 143-215.6C. 2. This permit shall become voidable if the residuals land application events are not carried out in accordance with the conditions of this permit. WQ0001347 Version 3.0 Shell Version 131016 Page 8 of 9 3. This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. 4. 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 jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. 5. In the event the residuals program changes ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate documentation from the parties involved and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the residuals program permitted herein until a permit is issued to the new owner. 6. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in I5A NCAC 02T .0110. 7. Unless the Division Director grants a variance, expansion of the permitted residuals program contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A NCAC 02T .0105(e) (3). Permit issued this the 15'h day of September 2014. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION or Th as A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0001347 WQ0001347 Version 3.0 Shell Version 131016 Page 9 of 9 ATTACHMENT A - Approved Residue Sources MI LLERCOORS, LLC Certification Date: Sept.15, 2014 Permit Number: WQ0001347 Version: 3.0 Monitoring Monitoring Permit Biological Maximum Frequency for Frequency for Approved Owner Facility Name County Number Residuals Dry Tons Metals pathogen & Mineralization Per Year' s 1-3 Nutrients" Vector Attraction Rate Reductions ; MillerCoors, LLC MillerCoors, LLC- Eden, NC Brewery- Rockingham NCO029980 No 10.000 .000 See Table Below None Required 0.4 (Process wastewater treatment facility) Total 10,000 L Maximum Dry Tons per Year is the amount of residuals approved for distribution from each permitted facility. 2. Testing of metals and nutrients as stipulated under permit Condition IV.2. 3, Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above. Dry Tons Generated short tons per ear Monitoring Frequency (Established in 40 CFR 503 and 15A NCAC 02T .1111) -319 l /Year -319 - - :1,650 1 / Quarter L4 times per year) _= 1,650 - -:16,500 1160Days 6times per ear) =>16,500 1/month 12 times per ear) 4. Residuals from agricultural products and processing are not required to demonstrate through monitoring the pathogen reduction requirements and vector attraction reduction requirements in 15A NCAC 02T .1 100, provided that the residuals are not mixed with other residual sources. If no land application events occur during a required sampling period (e.g. no land application occur during an entire year when annual monitoring is required), then no sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the annual report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarification. Page 1 of I