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HomeMy WebLinkAboutWQ0016376_Final Permit_20030703`O�OF W A Michael F. Easley, Governor 7 William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources 56DU Q i7 `C Alan W. Klimek, P.E., Director Division of Water Quality July 3, 2003 Joseph P. Villari S & J Villari Livestock 892 Penny Branch Rd Warsaw NC 28398 Subject: Permit No. WQ0016376 S & J Villari Livestock Processing Facility Wastewater Surface Irrigation Duplin County Dear Mr. Villari: In accordance with your request for modification received September 30, 2002, and subsequent additional information received December 2, 2002, December 16, 2002, January 22, 2003, May 1, 2003 and June 26, 2003 we are forwarding herewith Permit No. WQ0016376, dated July 3, 2003, to S & J Villari Livestock for the modification construction and continued operation of the subject wastewater treatment and surface irrigation facilities. This permit shall be effective from the date of issuance until May 31, 2005, shall void Permit No. WQ0016376 issued June 27, 2000, and shall be subject to the conditions and limitations as specified therein. Please 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. Please note that the Permittee has indicated that approval for a 1.8 million gallon steel storage tank to increase storage capacity will be requested with a request to renew Pump and Haul Permit Number WQ0022263 and will be requested by the Permittee to be incorporated into this permit at the next modification request. 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 150B of the 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. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Sue Homewood at (919) 733-50Vextensio02. .Alan W. Klimek, P.E. cc: Duplin County Health Department Wilmington Regional Office, Water Quality Section Wilmington Regional Office, Groundwater Section Groundwater Section, Central Office Cavanaugh Associates, P.A. Steven J. Levitas, Kilpatrick Stockton LLP Technical Assistance and Certification Unit Water Quality Central Files NDPU Files Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 DENR Customer Service Center An Equal Opportunity Action Employer Internet http://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 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH SURFACE IRRIGATION SYSTEM 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 S & J Villari Livestock Duplin County FOR THE continued operation of a 45,000 GPD (based on operation 5.5 days per week, for a maximum total of 247,500 gallons per week) surface irrigation treatment facility consisting of a T-R Solids Separator, a curbed 20 feet by 24 feet solids collection area with leachate collection and daily solids rendering collection, a 10,000 gallon storage tank, a 2,000 gallon pump tank with dual solids handling pumps, a 2,988,282 gallon synthetically lined anaerobic lagoon, a 6,480 gallon chlorine contact chamber an irrigation pump station with dual pumps, and modification of and construction of additional segments of a solid set irrigation system to consist of 80 sprinklers (45 new) in 13 irrigation zones covering approximately 16 effectively irrigated acres to serve S & J Villari Livestock Processing Facility, with no discharge of wastes to the surface waters, pursuant to the application received September 30, 2002, and subsequent additional information received by the Division, 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 May 31, 2005, shall void Permit No. WQ0016376 issued. June 27, 2000, and shall be subject to the following specified conditions and limitations: L PERFORMANCE STANDARDS Within 180 days of permit issuance, repairs to the lagoon liner shall be complete. A report detailing all investigations conducted prior to repair, all results of the investigations, and all steps taken to repair the lagoon liner shall be submitted to the Division of Water Quality, Wilmington Regional Office within 15 days of completing the liner repairs. The Permittee shall not be required to comply with the foregoing requirements of this condition if within 180 days of permit issuance, it has (a) requested and obtained Division approval of a permit modification to remove the synthetic liner based on a certification from a North Carolina Professional Engineer that a clay liner is in place that meets all applicable regulatory requirements; and (b) removed the synthetic liner. 2. Pump and Haul Permit Number WQ0022263 issued to this facility may be renewed by the Division only once more. While the Pump and Haul Permit WQ0022263 remains active the Permittee shall not operate the facility more than four days per week or more than five days per week during the months of September through December 2003 inclusive. 3. Upon expiration of the Pump and Haul Permit WQ0022263, the Permittee shall have either upgraded the treatment and disposal system to sufficient capacity or shall operate the production facility within the constraints of the treatment and disposal system. 4. The Division has concerns regarding the quality of the current Bermuda crop, the lateness at which it was established, and its ability to withstand a winter overseed without jeopardizing the Bennuda for future seasons. As a result, in September 2003 the Permittee shall have an agronomist, such as the USDA District Agronomist or a Certified Professional Agronomist by the American Registry of Certified Professionals in Agronomy, Crops and Soils (ARCPACS) evaluate all irrigation areas to determine if overseeding the newly established Bermuda will in any way risk the stand of Bermuda (with regards to its ability to uptake wastewater effluent) for the 2004 season. It is recommended that the Permittee contact an agronomist as soon as possible to arrange for this evaluation to be conducted in September so as not to find difficulties with scheduling the visit and in order to have time to establish the small grain overseed if recommended by the agronomist. The Permittee shall submit a written evaluation and recommendations signed and dated by the agronomist to the Division of Water Quality, Wilmington Regional Office no later than October 5, 2003. Upon completion of construction/modifications and prior to operation of the new and modified portions of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting materials. If this project is to be completed in phases and partially certifiedyou shall retain the responsibility to track further construction a roved under the same permit and shall provide a final certificate of completion once the entire project has been completed. Mail the Certification to the Non -Discharge Permitting Unit, Division of Water Quality, 1617 Mail Service Center, Raleigh, NC 27699-1617. 6. The Wilmington Regional Office, telephone number (910) 395-3900, shall be notified at least forty- eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be made. 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. 7. The surface irrigation facilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contamination of ground waters which will render them unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including those actions that may be required by the Division of Water Quality (Division), such as the construction of additional or replacement wastewater treatment and disposal facilities. 8. 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 facility. 9. The residuals generated from these treatment facilities must be disposed in accordance with General Statute 143-215.1 and in a manner approved by the Division. 10. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 11. The following buffers shall be maintained at all times: a) 400 feet between wetted area and any residence or places of public assembly under separate ownership, b) 150 feet between wetted area and property lines, c) 100 feet between wetted area and wells, d) 100 feet between wetted area and drainage ways or surface water bodies, e) 50 feet between wetted area and public right of ways, f) 100 feet between treatment/storage units and any wells, and g) 50 feet between treatment units and property lines. Any future modifications to this system will be expected to meet buffers required by the Division at the time of permitting of the modification. 11. OPERATION AND MAINTENANCE_ REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. 2. Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit the facilities in accordance with ISA NCAC 8G .0204 or as specified in this permit and shall comply with all other conditions specified in these rules. 3. A suitable year round cover crop of Coastal Bermuda and small grain overseed shall be properly maintained. 4. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause runoff 5. Adequate measures shall be taken to prevent wastewater runoff from the irrigation field. 6. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. 7. To ensure that the poor soils on site adequately assimilate the wastewater, the Operator in Responsible Charge will carefully inspect the spray site every hour, paying particular attention to areas under nozzles previously identified as A and B in Zones 2-5. Should saturated conditions exist, or ponding occur, the irrigation event will be. stopped and further inspection on the rest of the spray area will occur. Should the Operator in Responsible Charge determine that the other spray area can adequately assimilate additional wastewater, the above mentioned nozzles will be closed and the irrigation event may continue with proper supervision. Within one week of permit issuance the Permittee shall submit a request for Temporary Certification for employees under the direction of the current ORC and scheduled to attend the Spray Irrigation Operator Certification Course and who intend to take the certification examination. If the request is denied by the Division the Permittee shall take measures necessary to ensure compliance with this Condition. S. The application rate shall not exceed a cumulative Ioading of 45.33 inches over any twelve (12) month period at an instantaneous application rate not to exceed 0.6 inches per hour. 9. The application of plant available nitrogen (by calculation) shall not exceed a cumulative loading of 300 pounds per acre per growing season of Coastal Bermuda grass (March - September) and a cumulative loading of 50 pounds per acre per growing season of a winter cover crop (October - March). 10. No type of wastewater other than that from S & J Villari Livestock Processing Facility shall be irrigated onto the irrigation area. 11. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. 12. Public access to the land application sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. 13. Freeboard in the lagoon shall not be less than two (2) feet at any time. 14. A waste -level gauge shall be maintained to monitor waste levels in the treatment and storage lagoon. This gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid storage volume, and top of the dam elevations. Caution must be taken not to damage the integrity of the liner when installing the gauge. 15. A protective vegetative cover shall be established and maintained on all earthen basin embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible. III. MONITORING AND REPORTING REQUIREMENTS 1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed necessary by the Division to insure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. 2. Influent flow shall be continuously monitored and daily flow values shall be reported on Form NDMR_ Within 60 days of permit issuance, the Permittee shall install an appropriate flow measurement device consistent with approved engineering and scientific practices to ensure the accuracy and reliability of influent flow measurement. Flow measurement devices selected shall be capable of measuring flows with a maximum deviation of less than 10 percent from true flow, accurately calibrated at a minimum of once per year, and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Records of flow measurement device calibration shall be kept on file by the Permittee for a period of at least three years. At a minimum, data to be included in this documentation shall be: a. Date of flow measurement device calibration b. Name of person performing calibration c. Percent from true flow Plans and specifications for the flow measuring device shall be prepared by a licensed Professional Engineer and submitted to the appropriate regional office 30 days prior to installation. The effluent from the subject facilities shall be monitored by the Permittee after chlorination every month for the following parameters: BOD5 TSS Fecal Coliform pH NH3 as N NO2-NO3 as N TKN Total Phosphorous PAN By calculation 4. Surface monitoring of the adjacent Unnamed Tributary to Turkey Creek at the point where the tributary first enters the property (to be referred to as Upstream. SW on monitoring reports) and at the downstream point where the tributary leaves the property (to be referred to as Downstream SW on monitoring reports) shall be conducted monthly for the following parameters: NOa - as N TKN NHS as N Fecal Coliforms Total Phosphorous 4 Monitoring and analysis shall be conducted in accordance with 15NCAC 213 .0505(e)(4) and analysis must be conducted by a DWQ Certified Laboratory as per I5NCAC 211.0800. 5. Adequate records shall be maintained by the Permittee tracking the amount of wastewater disposed. These records shall include, but are not necessarily limited to, the following information: a. date of irrigation, b. volume of wastewater irrigated, c. field irrigated, d. length of time field is irrigated, e. continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field, f. continuous weekly, monthly, and year-to-date plant available nitrogen (PAN) (inches/acre) loadings for each field, g. weather conditions, and h. maintenance of cover crops. Freeboard in the lagoon shall be recorded at least weekly. 7. Three (3) copies of all monitoring data (as specified in condition 111 2, III 3 and I114) on Forma NDMR-1 and three (3) copies of all operation and disposal records (as specified in condition 1115, and I11 6) on Form NDAR-1 and IRR-1 (for plant available nitrogen loadings) shall be submitted monthly on or before the last day of the following month. All information shall be submitted 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. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted on each irrigation field 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 Manganese Potassium Calcium Percent Humic Matter Sodium Copper pH Zinc Magnesium Exchangeable Sodium Percentage Phosphorus Cation Exchange Capacity Base Saturation (by calculation) An annual report shall be submitted to the Division, on or before March I' of the following year, outlining the operation and maintenance techniques used to prevent nuisance conditions. This report shall be submitted to the Division of Water Quality, Wilmington Regional Office, 127 Cardinal Drive Extension, Wilmington, NC 27889 and shall include, but not be limited to: Operation and Maintenance Schedule(s) Equipment repair and replacement Odor Control measures Complaints lodged by citizens 10. Noncompliance Notification: Annual Soils Analysis Lime Application Records, if applicable Cover Crop Harvest Dates & Yields Other Field Maintenance Activities The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 395-3940, 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- 5 a. Any occurrence at the wastewater treatment facility which results in the treatment of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its permit limitations. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0369, or (919) 733-3300. 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. Monitor wells MW-1, MW-2, MW-3, and MW-4 shall be sampled every April, August, and December for the parameters listed below. The measurement of water levels must be made prior to sampling for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measuring points (top of well casing) of all monitoring wells shall be surveyed relative to a common datum. Water Level pH Total Ammonia Fecal Coliforms Nitrate Nitrogen Total Organic Carbon (TOC) Total Dissolved Solids (TDS) Chloride Total Phosphorous Volatile Organic Compounds - In December only 2. If TOC concentrations greater than 10 mg/l are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/l, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. 3. For Volatile Organic Compounds sampled in December only use only one of the following methods: (A) Standard Method 6230D, PQL at 0.5 ug/L, or less (B) Standard Method 621OD, PQL at 0.5 ug/L or less (C) EPA Method 8021, Low Concentration, PQL at 0.5 ug/L or less (D) EPA Method 8260, Low Concentration, PQL at 0.5 ug/L or less (E) Another method with prior approval by the Groundwater Section Chief Any method used must at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. Any method used must provide a PQL of 0.5 ug/L or less, which must be supported by laboratory proficiency studies as required by the DWQ Laboratory Certification Unit. Any constituents detected above the Method Detection Limit (MDL) but below the PQL of ug/L or less must be qualified (estimated) and reported. 4. Any laboratory selected to analyze parameters must be Division certified for the parameters required. 5. All reports and documentation (OW-1, GW-30, GW-59) shall be mailed to the following address: Groundwater Section Permits and Compliance Unit 1636 Mail Service Center Raleigh, NC 27699-1636 6. The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form) by the Groundwater Section, Permits and Compliance Unit, on or before the last working day of the month following the sampling month. The data of all groundwater sampling analyses required by the permit conditions must be reported using the most recent GW-59 form along with attached copies of the laboratory analyses. 7. Waste application activities should not occur when the vertical separation between depth of application and the water table is at less than three feet. Verification of the water table elevation can be confirmed by water level readings obtained from the monitor well(s) near the site or auger boring(s), which should be done within 24 hours, prior to application of wastewater. Any open borings must be properly filled with native soil, prior to application to decrease the chance of any waste contaminating the groundwater. 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, 1953 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 rernediation action on the part of the permittee. 9. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper operation of the subject facilities. 2. The Permittee or his designee shall inspect the wastewater treatment and disposal 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 keep 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 three years from the date of the inspection and shall be made available upon request to the Division or other permitting authority. 3. 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 disposal 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 maintained 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 facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 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 transferable. In the event there is a desire for the facilities to change ownership, or there is 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. 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 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. 6. A set of approved plans and specifications for the subject project must be retained by the Permittee for the life of the project. 7. 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 15A NCAC 211.0205 (c)(4). 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. Permit issued this t 3`d day of July, 2003 NORTH OLINA EPIVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0016376 Permit No. WQ0016376 July 3, 2003 ENGINEER'S CEItTWICATION Partial Final I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full tinge) the construction of the project, Project Name Location and County for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of this permit, the approved plans and specifications, and other supporting materials. Signature Date Registration No. 9