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HomeMy WebLinkAboutWQ0019567_Final Permit_20141205A=44 42M GDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr, Mitchell Plyler, Vice President Oldcastle New Frontiers, Inc. 1332 High Point Church Road Pageland, SC 29728 Dear Mr. Plyler: John E, Skvarla, III Secretary December 5, 2014 Subject: Permit No. WQ0019567 Oldeastle New Frontiers, Inc. Oldcastle Lawn and Garden Products Distribution Program Distribution of Animal Residual Solids Pageland, South Carolina In accordance with your renewal application package received on November 3, 2014, we are forwarding herewith Permit No. WQ0419567, dated December 5, 2014, to Oldcastle New Frontiers, Inc. for the subject animal residuals distribution program. This permit shall be effective from the June 1, 2015 until May 31, 2020, shall replace Permit No. WQ0019567 issued on June 6, 2006; and shall be subject to the conditions and limitations as specified therein. Make note of this permit's expiration date and the fact that a permit renewal application is due to the Division of Water Resources (Division) no later than six months prior to that date (i.e., see Condition V. 7.), as the Division does not send reminders to apply for permit renewal. Be aware that payment of the annual administering and compliance fee, as stipulated in Condition V. 4, will not automatically renew this permit. This permit approves the operation of program for the distribution of a composted fertilizer/soil amendment product, containing cow/dairy animal residuals, that meets exceptional quality standards and is marketed under the name "Just Natural Composted Cow Manure", "Jolly Gardener Organic Compost derived from Cow Manure Compost", and "Timberline Organic Compost derived from Cow Manure Compost"throughout the State of North Carolina (i.e., in bulk and in bags). Note that this permit does not concurrently provide a license to distribute a fertilizer, as is required by the Fertilizer Section of the NC Department of Agriculture and Consumer Services' Plant industry Division. More information about applying for this license may be found at the following web site: http://www.ncagr.com/ lantind/ fert/ferlics.htm. Please take the time to review this permit thoroughly. Pay particular attention to the monitoring requirements in this permit. Be aware that failure to establish an adequate system for collecting, maintaining, and submitting the required operational information will result in future compliance problems. The Division wants to remind you about the following issue that was discussed during the review of this application: 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-646411nternet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer — Made in part by recycled paper Mr. Mitchell Plyler December 5, 2014 Page 2 ♦ Condition III. 3. and Condition III. 4. require that the product be tested and monitored regularly for specific parameters as well as for adequate pathogen reduction. It is imperative that all testing and monitoring be performed such that the results are representative of the entire row of product. The Division urges you to develop a set of standard operating procedures and recordkeeping forms to ensure that the State of North Carolina time and temperature requirements for the composting process are met. If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the from of a written petition, conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this Permit, please contact the Animal Feeding Operations Program staff at (919) 807-6464. Sincerely, for Thomas A. Reeder Director, Division of Water Resources cc: South Carolina Department of Health and Environmental Control NC Department of Agriculture and Consumer Services -Plant industry Division (Fertilizer Section) Asheville Regional Office- Water Quality Regional Operations Section Fayetteville Regional Office- Water Quality Regional Operations Section Mooresville Regional Office- Water Quality Regional Operations Section Raleigh Regional Office- Water Quality Regional Operations Section Washington Regional Office- Water Quality Regional Operations Section Wilmington Regional Office- Water Quality Regional Operations Section Winston-Salem Regional Office- Water Quality Regional Operations Section WQROS Central Files (WQ0019567) AFO Notebooks NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF ANIMAL RESIDUAL SOLIDS 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 41deastle New Frontiers, Inc. Pageland, South Carolina FOR THE operation of a program for the distribution of up to 750 dry tons per year of a composted fertilizer/soil amendment product, containing cow/dairy/turkey animal residuals, that meets exceptional quality standards and is marketed under the name "Just Natural Composted Cow Manure", "Jolly Gardener Organic Compost derived from Cow Manure Compost", and "Timberline Organic Compost derived from Cow Manure Compost" throughout the State of North Carolina (i.e., in bulk and in bags). The program shall be operated such that no discharge of waste to surface waters occurs, pursuant to the renewal application package received on November 3, 2014 and a change of ownership notification received on June 13, 2006; 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 June 1, 2015 until May 31, 2020 and shall be subject to the following specified conditions and limitations: I, PERFORMANCE STANDARDS The distribution program shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastes to waters of the state resulting from the operation of this program. 2. This permit shall become voidable in the event of failure of the distribution program to adequately protect the assigned water quality standards of the surface waters and groundwater. 3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface water or groundwater resulting from the operation of this distribution program. 11. 4. In the event that the distribution 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 Resources (Division). 5. When product containing animal residuals is sold or given away for application to the land under the conditions of this permit, one of the Class A pathogen requirements in 40 CPR Part 50332(a) shall be met. Additionally, an evaluation shall be performed which demonstrates the product's ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. 6. No product containing animal residuals that tests or is classified as' a hazardous or toxic waste under 40 CPR Part 261 shall be sold or given away for application to the land under the conditions of this permit. OPERATION AND MAINTENANCE REQUIREMENTS The distribution program shall be properly operated and maintained at all times. Product containing animal residuals generated mainly by, but not limited to, the following facility shall be approved for distribution in accordance with this permit: Permit Volume Facility County Number (Dry TonslYear) Daddy Pete Farms (Dairy compost) Iredell (NC) WQ0014871 500.0 Jenkins Farms (Turkey Iitter) Chesterfield (SC) NIA 250.0 3. For a product containing animal residuals to be sold or given away in bags or other container for application to the land under the conditions of this permit, the following shall be satisfied: The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average Concentrations (Dry Weight Basis) shall be maintained: Ceiling Monthly Average Concentrations Concentrations Parameters (mgZkgj Lmg&g� Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Molybdenum 75 --.-- Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 2 4. When distributed under the conditions of this permit, a label shall be affixed to the bag or other container in which the product containing animal residuals is sold or given away for application to the land, or an information sheet shall be provided to the person who receives the product containing animal residuals sold or given away in another container for application to the land. The label or information sheet shall contain the following minimum information: a. The name and address of the person who prepared the product containing animal residuals that is sold or given away in a bag or other container for application to the land. b. A statement that application of the product containing animal residuals to the land is prohibited except in accordance with the instructions on the label or information sheet. c. A statement that adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored product containing animal residuals into any surface waters. c. A statement to help prevent direct application of the product containing animal residuals to water supply sources and all other waters of the state. For example, "as with any fertilizer product, do not apply in or near any water supply source or any body of water, including wells, streams, rivers, and lakes." d. A statement that application of the product containing animal residuals shall not be applied to any land that is flooded, frozen, or snow-covered. III. MONITORING AND REPORTING REQUIREMENTS Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established and an acceptable sampling and reporting schedule shall be followed. 2. Proper records shall be maintained by the Permittee to track all distribution activities within the State of North Carolina. These records shall include, but are not necessarily limited to, the following information: a. Source, amount (i.e., volume), and analysis of each product containing animal residuals. b. Name of the initial recipient of the product containing animal residuals, the amount (i.e., volume) distributed, and the intended use. An analysis shall be conducted by the Perrnittee on the product containing animal residuals at least once per year from the date of permit issuance. The results of all analyses shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include the following parameters: Aluminum Ammonia -Nitrogen Arsenic Cadmium Calcium Copper Lead Magnesium Mercury Molybdenum Nickel Nitrate -Nitrite Nitrogen Percent Total Solids pH Phosphorus Potassium Selenium Sodium Total Kjeldahl Nitrogen Zinc Plant Available Nitrogen (by calculation) After the product containing animal residuals has been monitored for two years at the above - listed frequency, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of this monitoring requirement. In no case, however, shall the frequency of this monitoring be less than once per year when the product containing animal residuals is sold or given away for application to the land during that year. 4. The product containing animal residuals shall be monitored by the Permittee at least once per year for compliance with Condition I. 5. of this permit. The monitoring frequency cycle shall start on the date of permit issuance, and the results of all analyses shall be maintained on file by the Permittee for a minimum of five years. Data to verify stabilization of the product shall be maintained by the Permittee. The required data shall be specific to the stabilization process utilized, but should be sufficient to demonstrate compliance with the Class A pathogen requirements in 40 CFR Part 503.32(a) clearly. In addition, the EPA certification statement concerning compliance with pathogen requirements shall be completed at the above frequency by the proper authority or authorities if more than one is involved, either the person who generates the product containing animal residuals or the person who prepares the product to be sold or given away for application to the land. 5. Laboratory analyses and/or operational data, as required by Condition Ill. 3., and Condition III. 4. shall be performed/gathered on the product containing animal residuals as it is to be distributed. Furthermore, analytical determinations made pursuant to the monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division (visit: http://portal.nedenr.org/web/wq/lab/cert/certlablists) for the required parameter(s) under 15A NCAC 2H .0800 or 15A NCAC 2H .1100. 6. Three copies of all required monitoring and reporting requirements as specified in Condition III. L, Condition III. 2., Condition III. 3., Condition Ill. 4., and Condition 111. 5. shall be submitted annually on or before March 1" of the year following the distribution event to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 7. Noncompliance Notification: The Permittee shall report by telephone to the Water Quality Regional Operations Section of the appropriate Division regional office (i.e., see Attachment A) 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 that results in the distribution of significant amounts of wastes which are abnormal in quantity or characteristic. 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 distribution program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the facility was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate treatment. 4 e. Any spillage or discharge from a vehicle or piping system during transportation of residuals or product containing animal residuals. Persons reporting such occurrences by telephone shall also file a written report in letterform 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. IV. INSPECTIONS 1. The Permittee or his designee shall inspect the storage, transport, and treatment facilities related to the distribution program 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 distribution program 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. V. GENERAL CONDITIONS This permit shall become voidable unless the distribution program is operated in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of product containing animal residuals described in the application and other supporting data. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Pemittee to an enforcement action by the Division in accordance with North Carolina General Statutes § 143-215.6A through § 143-215.6C. 4. The annual administering and compliance fee shall be paid by the Pertittee within 30 days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit, as specified by 15 NCAC 2H .0205 (c)(4). 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC .0500. 6. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. 7. The Permittee, at least six months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Division shall review the adequacy of the distribution program described therein, and if warranted, shall extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. 8. This permit shall not be automatically transferable. In the event that there is a desire for the distribution program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Permit issued this the 5th day of December, 2014 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for Thomas A. Reeder, Director North Carolina Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0019567 Ce Attachment A DIVISION OF WATER RESOURCES REGIONAL OFFICES Asheville Regional Office Fayetteville Regional Office Mooresville Regional Office WQROS Supervisor WQROS Supervisor WQROS Supervisor 2090 U.S. Highway 70 Wachovia Building, Suite 714 610 E. Center Ave./ Suite 301 Swannanoa, NC 28778 Fayetteville, NC 28301 Mooresville, NC 28115 Phone: (828) 296-4500 Phone: (910) 433-3300 Phone: (704) 663-1699 Fax: (828) 299-7043 Fax: (910) 486-0707 Fax: (704) 663-6040 Avery Macon Anson Moore Alexander Lincoln Buncombe Madison Bladen Robeson Cabarrus Mecklenburg Burke McDowell Cumberland Richmond Catawba Rowan Caldwell Mitchell Hamett Sampson Cleveland Stanly Cherokee Polk Hoke Scotland Gaston Union Clay Rutherford Montgomery Iredell Graham Swain Haywood Transylvania Henderson Yancey Jackson Raleigh Regional Office Washington Regional Office Wilmington Regional Office WQROS Supervisor WQROS Supervisor WQROS Supervisor 3800 Barrett Drive 943 Washington Square Mail 127 Cardinal Drive Extension Raleigh, NC 27609 Washington, NC 27889 Wilmington, NC 28405-3845 Phone: (919) 7914200 Phone: (252) 946-6481 Phone: (910) 796-7215 Fax: (919) 571-4718 Fax: (252) 946-9215 Fax: (910) 350-2004 Chatham Nash Beaufort Jones Brunswick New Hanover Durham Northampton Bertie Lenoir Carteret Onslow Edgecombe Orange Camden Martin Columbus Pender Franklin Person Chowan Pamlico Duplin Granville Vance Craven Pasquotank Halifax Wake Currituck Perquinnans Johnston Warren Dare Pitt Lee Wilson Gates Tyrell Greene Washington Hertford Wayne Hyde Winston-Salem Regional Office WQROS Supervisor 450 W. Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Phone: (336) 776-9800 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford 7