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HomeMy WebLinkAboutWQ0004166_Final Permit_20001031State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director October 31, 2000 Tim Church, Water Resources Director Town of Jefferson P.O. Box 67 Jefferson, NC 28640 • NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. WQ0004166 Town of Jefferson Land Application of Wastewater Residuals Ashe County Dear Mr. Church: In accordance with your application received on November 2, 1999, we are forwarding herewith Permit No. WQ0004166, dated October 31, 2000, to Town of Jefferson for the operation of a wastewater residuals land application program. Please be advised that the total permitted volume has increased to 90 dry tons in this permit. Also, Site # 2 (the Bobby Jones property with 34 acres) has been dropped and additional 52 acres have been added to this permit resulting in a new total of 67 acres of permitted land. This permit shall be effective from the date of issuance until September 30, 2005, shall void Permit No. WQ0004166 issued July 31, 1995, 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, North Carolina 27699- 6714. Unless such demands are made this permit shall be final and binding. If you need additional information concerning this extension 363. 1.3 ,f Kerr T. Stevens cc: Ashe County Health Department Winston-Salem Regional Office, Water Quality Section Winston-Salem Regional Office, Groundwater Section Groundwater Section, Central Office Technical Assistance and Certification Unit Non -Discharge Compliance/Enforcement Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 An Equal Opportunity Affirmative Action Employer contact J.R. Joshi at (919) 733-5083 Telephone 919-733-5083 Fax 919-715-6048 50% recycled/10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH RESIDUALS LAND APPLICATION 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 Town of Jefferson Ashe County FOR THE operation of a wastewater residuals land application program consisting of the application of 90 dry tons per year of residuals from sources listed in Condition H 5, to approximately 67 acres of land in Ashe County with no discharge of wastes to the surface waters, pursuant to the application received on November 2, 1999 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 September 30, 2005, shall void Permit No. WQ0004166 issued July 31, 1995, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS The Winston-Salem Regional Office, telephone number (336) 771-4600, and the appropriate local governmental official (county manager/city manager) shall be notified at least twenty-four (24) hours prior to the initial application of the residuals to a site so that an inspection can be made of the application sites and application method. Such notification to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p:m. on Monday through Friday, excluding State Holidays. In addition, the Ashe County Manager's office must be notified prior to the initial application so that they will be aware that the operation has commenced. 2. This permit shall become voidable if the soils fail to adequately assimilate the wastes and may be rescinded unless the sites are maintained and operated in a manner which will protect the assigned water quality standards of the surface waters and ground waters. 3. The Iand 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. 4. 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. 5. In the event that the land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease applying residuals to the sites and take any immediate corrective actions as may be required by the Division of Water Quality (Division). 6. Some of the buffers specified below may not have been included in previous permits for this land application operation. However, any sites or fields that are included in this permit, but were approved with different applicable buffers shall be reflagged to comply with the below buffers. The following buffer zones shall be maintained: a. 400 feet from residences or places of public assembly under separate ownership for surface application method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the appropriate regional office, b. 200 feet from residences or places of public assembly under separate ownership for subsurface residual injection method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and the appropriate regional office, c. 100 feet from any public or private water supply source, 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 lake 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 application methods, h. 10 feet from upslope interceptor drains and surface water diversions for both application methods, i. 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems and surface drainage ditches for both application methods. A copy of this permit shall be maintained at the land application site when residuals are being applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. 8. Specific residual application area boundaries shall be clearly marked on each site prior to and during application. 9. No residuals at any time shall be stored at any application site, unless approval has been requested and obtained from the Division. 10. Maximum slope for residual application shall be 10% for surface application and 18% for subsurface applications. 11. When wastewater residuals are applied, the Class A pathogen requirements and site restrictions in 40 CFR Part 503.32(a) or the Class B pathogen requirements and site restrictions in 40 CFR Part 503.32(b), and one of vector attraction reduction requirements in 40 CFR Part 503.33 shall be met. Additionally, an evaluation must be performed which demonstrates the residuals ability to comply with this requirement. Upon request, a copy of this evaluation must be submitted including all test results and calculations. IL OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities and application sites shall be properly maintained and operated at all times. 2. A suitable vegetative cover, as listed in condition H 4, shall be maintained in accordance with the crop management plan outlined by the local Extension Office, the Department of Agriculture, the Natural Resource Conservation Service, or other agronomist, and approved by this Division. 2 3. An acceptable pH must be maintained in the soil, residual and lime mixture, greater than 6.0, on all land application sites to insure optimum yield for the crop(s) specified below. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 4. The application rates shall not exceed the following for the specified crops: Crop PAN (lbdacre/yr.) _ Crop PAN (Ib./acre/yr.) Alfalfa 200 Forest (Hardwood & Softwood) 75 Bermuda Grass (Hay, Pasture) 220 Milo 100 Blue Grass 120 Small Grain (Wheat, barley, oats) 100 Corn (Grain) 160 Sorghum, Sudex (Pasture) 180 Corn (Silage) 200 Sorghum, Sudex (Silage) 220 Cotton 70 Soybeans 200 Fescue 250 Timothy, Orchard, & Rye Grass 200 If the approved land application sites are to be double cropped (i.e., a crop in the spring and a second crop in the fall, with BOTH crops to receive wastewater residuals), then the second crop shall receive an application of nutrients at a rate of no greater than 50 lbs/acre/yr. This practice will 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 wastewater residuals shall be applied to these fields because the nitrogen will essentially be returned to the soil. 5. No residuals other than the following are hereby approved for land application in accordance with this permit: Permit Volume Source _ _ County Number (dry tons/year) Town of Jefferson WWTP Ashe NCO021709 90 6. The metal loading rates shall not exceed the following Cumulative Pollutant loading rates: Kilograms Pounds Parameters per Hectare per Acre Arsenic 41 36 Cadmium 39 34 Copper 1,500 1,338 Lead 300 267 Mercury 17 15 Nickel 420 374 Selenium 100 89 Zinc 2,800 2,498 7. The pollutant concentrations in the residuals which will be applied to the land shall not exceed the following Ceiling Concentrations (Dry Weight Basis); Parameters mg/U Arsenic 75 Cadmium 85 Copper 4,300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 Selenium 100 Zinc 7,500 3 8. Upon classification of the facility by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall employ a certified land application/residuals operator to be in responsible charge (ORC) of the land application program. The operator must hold a certificate of the type classification assigned to the land application program by the WPCSOCC. The Permittee must also employ a certified backup operator of the appropriate type to comply with the conditions of 15A NCAC 8G .0202. 9. Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored residuals into any surface waters. 10. Surface applied residuals will be plowed or disced within twenty-four (24) hours after application on lands with no cover crop established. 11. For areas that are prone to flooding or within the 100-year flood elevation, residuals may be applied only during periods of dry weather. The residuals must be incorporated into the soil within twenty-four (24) hours after application. 12. Appropriate measures must be taken to control public access to the land application sites during active site use and for the 12-month period following the last residual application event. Such controls may include the posting of signs indicating the activities being conducted at each site. 13. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from the residuals application area onto the adjacent property or into any surface waters. 14_ Residuals shall not be applied in inclement weather or until 24 hours following a rainfall event of 1/2- inch or greater in 24 hours. Any emergency residuals disposal measures must first be approved by the Division. 15. Residuals shall not be applied to any land application site that is flooded, frozen or snow-covered. 16. Residuals shall not be applied at rates greater than agronomic rates, unless authorized by the Division. 17. Animals shall not be grazed on an application site for 30 days after residuals application. Application sites that are to be used for grazing shall have fencing that will be used to prevent access after each application. 18. Food crops, feed crops and fiber crops that do not come in contact with the residuals shall not be harvested for 30 days after residuals application. 19_ Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (ex. tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after residuals application. 20. Food crops with harvested parts below the surface of the land (root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after application of residuals when the residuals remain on the land surface for four (4) months or longer prior to incorporation into the soil. 21. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of residuals when the residuals remain on the land surface for less than four (4) months prior to incorporation into the soil. 22. Turf shall not be harvested for 1 year after residuals application if the turf is to be placed on land with a high potential for public exposure. 4 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 application activities. These records shall include, but are not necessarily limited to the following information: a. source of residuals b. date of residual application c. location of residual application (site, field, or zone #) d. method of application e. weather conditions (sunny, cloudy, raining, etc.) f. soil conditions g. type of crop or crops to be grown on field h. volume of residuals applied in gallons/acre, dry tonslacre or kilogramsthectare L annuaI and cumulative totals of dry tons/acre of residuals, annual and cumulative pounds/acre of each heavy metal (which shall include, but not be limited to arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium and zinc), annual pounds/acre of plant available nitrogen (PAN), and annual poundslacre of phosphorus applied to each field. 3. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted on each site receiving residuals in the respective calendar year and the results maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Magnesium Phosphorus Calcium Manganese Potassium Cation Exchange Capacity Percent Humic Matter Sodium Copper pH Zinc Base Saturation (by calculation) 4. A residuals analysis will be conducted annually from the date of permit issuance by the Permittee and the results maintained on file by the Permittee for a minimum of five years. If land application occurs at a frequency less than annually a residuals analysis will be required for each instance of land application. The residuals analysis shall include but is not necessarily limited to the following parameters: Arsenic Cadmium Copper Lead Mercury Molybdenum Nickel Selenium Zinc AIuminum Ammonia -Nitrogen Nitrate -Nitrite Nitrogen Total Solids pH Phosphorus Potassium TKN Plant Available Nitrogen (by calculation) A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the Permittee annually_ The TCLP analysis shall include the following parameters (please note the regulatory level in mg/L 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 -Dichl oroethylene (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-Trichlorophenoi (2.0) Vinyl chloride (0.2) After the residuals have been monitored annually for two years, the Pennittee 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 permit cycle when residuals are land applied. 6. All residuals included in this permit must be monitored annually, from the date of permit issuance, for compliance with condition I 11 of this permit. Data to verify stabilization and vector attraction reduction of the residuals must be maintained by the Permittee. The required data is specific to the stabilization process utilized, but should be sufficient to clearly demonstrate compliance the Class A pathogen requirements in 40 CFR Part 503.32(a) or with the Class B pathogen requirements and site restrictions in 40 CFR Part 503.32(b), and one of vector attraction reduction requirements in 40 CFR Part 503.33. In addition, the F-PA certification statements concerning compliance with pathogen requirements, vector attraction reduction requirements and management practices must be completed annually by the proper authority or authorities if more than one is involved, either the person who prepares the residuals, the person who derives the material, or the person who applies the residuals. 7. Three copies of all required monitoring and reporting requirements as specified in conditions III 1, 111 2,11I 3, I114, 1115, and III 6 shall be submitted annually on or before March I of the following year to the following address: NC Division of Water Quality Water Quality Section Non -Discharge Compliance/Enforcement Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 8. 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 land application program which results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. 0 b. Any failure of the land application 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 transporting residuals to the application site. 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 No residuals shall be applied to any site when the vertical separation between the depth of application and the water table, including "perched" conditions, is less than three feet. Actual water table depth must be verified by soil borings, prior to any application event. Any open borings must be properly filled with native soil to decrease the chances of any residuals contaminating the ground water. 2. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under General Statute 143-215.6A(a)(1). In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require remediation action on the part of the perminee. 3_ 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 application 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 application 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 This permit shall become voidable unless the land application 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 wastes described in the application and other supporting data. 3. 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 Permittee, a formal permit request must 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. The following are approved sites for residuals application (see attached map[s]): Application Area [acres] Site No. Owner/Lessee (excluding buffers) Ashe County Ia Fred Walters 30 3 n Bower Walters 10 4 h Gary Bare 20 5 b' c Tommy Colvard 7 TOTAL AVAILABLE ACRES 67 a Site acreage increased from 20 ato 30 acres in this modification. e Site identification altered from that submitted to account for the previous Site #12, not renewed under this permit. The application acreage has been reduced for this site to buffer out areas with 20% slope. 5. 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. 6. The annual administering and compliance fee must 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). 7. The issuance of this permit does not preclude 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. 8. 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. 9. This permit 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. 10. This permit shall become voidable unless the agreements between the Permittee and the landowners/lessees are in full force and effect. The land owner agreements are considered expired concurrent with the expiration date of the permit and must be renewed at the same time the permit is renewed. Permit issued thisflp Thirty-first day of October, 2000 NOR AL MANAGEMENT COMMISSION Kerr T. 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I i,;, , / ,' ',- fly• J / � % -y, _� 1. ,1 N•- f"ilbt('=- I � a , .�, ,�r r. / ! . , � J i � �' ,_ t •ti. . .n ," • k t•- 1 l 5 -./ !ra . / . fl '� � '�' .\ 1 • Ashe County NC Tax Parcel Data Parcel:09302-19'1 Account:16'104 DB: Pg.- Yr:0 Owner: WALTERS, DON (HEIRS)Fared Wat;¢rS .3� QCreS M,Ip:2988.00 Block:49 Lot:5712 s✓ a Q� cu JI � O � Q 600 Approximate Scale in Feet propp_ y line. Ashe County NC Tax Parcel Data Parcel: Account: DB: Pg Y': f !1 MI -1l - I nt,- � / ,n I�nfC !O. wo 0 3C4 --- Approximate Scale in Feet BUFFERS 0 Ashe County NC Tax Parcel Data Parcel: 09302-184 Account: 00819':- DB: M-4 Pg: 0365 Yr-. 1900 Owner: BARE, Zo. QCfES Map:2987.00 Bfock:29 Lot:8349 F� Cam\ r , r a 400 800 N Approximate Scale in Feet BUFFERS Ashe County NC Tax Parcel Data Parcel: 09302-387 Account: 03393 DB: 193 Pg-. 1476 Yr-. 1993 Owner: COLVARD, THOMAS F & MARTHA T 57Tt-— Map: 2988.00 Block:53 Lot 0000 4T- :t', j e S nLL- T r rn a • ��`�LP�Ap7�L`Ta- E 15, acres o coo Wo Approximate Scale in Feet BUFFEU rnl��