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HomeMy WebLinkAboutWQ0029804_Final Permit_20150311A.'AA NCDEMR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary March 11, 2015 Ron Hargrove — Utilities Director Winston-Salem/Forsyth County Utilities Commission Post Office Box 2511 Winston-Salem, North Carolina 27102 Subject: Permit No. WQ0029804 Winston-Salem/Forsyth County Utilities Commission Thermal Biosolids Drier Management Facility Distribution of Class A 503 Wastewater Treatment Plant Residuals Forsyth County Dear Mr. Hargrove: In accordance with your permit renewal request received October 23, 2014, we are forwarding herewith Permit No. WQ0029804 dated March 11, 2015, to the Winston-Salem/Forsyth County Utilities Commission for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on May 1, 2015 (i.e. the day after the expiration date of the existing permit), which differs from the date of this letter. This permit shall be effective from May 1, 2015 until April 30, 2020, shall void Permit No. WQ0029804 issued April 13, 2006, 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. Please note that on September 1, 2006, North Carolina Administrative Code Title 15A Subchapter 02T — Waste not Discharged to Surface Waters was adopted. Accordingly, this permit incorporates the requirements of these rules, therefore, please take the time to review this permit thoroughly. hi accordance with Permit Condition IH.I2., the information sheet which is provided with the distributed product must be revised to have setback distances consistent with 15A NCAC 02T .1108(b) (1). The following conditions have been added, modified or deleted from those in the last permit issuance: Condition 1.1. — Describes the permit renewal process i' Condition 11.1. — the program shall be effectively maintained and operated Condition 11.3- — only residuals from the sources listed in Attachment A are to be distributed Condition II.5. — residuals are to meet the pathogen reduction requirements .� Condition 11.6. — residuals are to meet one of the vector attraction reduction alternatives Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 91M07-6464 4Intemet http://pprial,ncdenf.or /web/w,? An Equal Opportunity 1 Affirmative Aclion Employer- Made in part with recycled paper Mr. Ron Hargrove March 11, 2014 Page 2 of 3 Condition II.7. — lists the setback distances that are to be maintained for bulk applications .� Condition II.8. — agronomic application rates are based on Realistic Yield Expectations Condition II.9. — residuals with a high sodium adsorption ratio require special restrictions v Condition I11.2.. — an Operation & Maintenance (O&M) plan shall be maintained w Condition IIIA. — copies of the permit and O&M plan shall be present during bulk application v Condition III.5. -- spill controls shall be used during bulk residuals transport & application ➢ Condition II1.7. — a vegetative cover is to be maintained on bulk application sites y Condition III.8. — Iists site conditions that prohibit caulk residual applications v Condition 111.9. — a Utilization Agreement is required between the generator and bulk distributor r Condition III.10. — lists the basic content of the Utilization Agreement Y Condition 111.12. — lists the minimum labeling requirements for bag distribution ➢ Condition 111.13, — residuals may not be given to anyone who violates a Utilization Agreement ➢ Condition IV.2. — describes residual analyses for TCLP parameters Condition IV.3. — describes residual analyses for metals and other parameters .• Condition IVA. — requires sampling in accordance with Attachment A and the O&M Plan �e Condition IV.6. — records must be kept of all bulk residuals distribution or application events Condition IV.7. — an annual report must be submitted each year before March 1 st Y Condition IV.B. — describes the appropriate responses to Noncompliance events Condition V.1. — the facilities must be adequately inspected and maintained .� Condition V.2. — the bulk storage, transport and application facilities must be inspected .� Condition VI.3. — the permit is limited to the nature and volume of the described residuals .' Condition VIA. — the permittee is not exempted from other environmental regulations Condition VI.7. — the permit may be revoked or modified under certain circumstances r Condition VI.8. -- the facilities may not be expanded in certain situations If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatoiy hearing upon written request within 30 days following receipt of Mr. Ron Hargrove March 11, 2014 Page 3 of 3 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 by email at david.goodrichC.ncdenr.gov. Sincerely, Zimmerman, Acting Director Division of Water Resources, NCDENR cc: Forsyth County Health Department (Electronic Copy) Winston-Salem Regional Office, Water Quality Regional Operations Section (Electronic Copy) Beth Buffington --- Protection and Enforcement Branch (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF CLASS A WASTEWATER TREATMENT PLANT RESIDUALS 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 Winston-Salem/Forsyth County Utilities Commission Forsyth County FOR THE continued operation of the Thermal Biosolids Drier Management Facility and Class A Exceptional Quality ("EQ") distribution program at the Archie Elledge WWTP residuals management program for the Winston-Salem/Forsyth County Utilities Commission and consisting of the distribution. of Class A Wastewater Treatment Plant residuals generated by the approved facilities listed in Attachment A with no discharge of wastes to surface waters, pursuant to the application received October 23, 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 503. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from May 1, 2015 until April 30, 2020, shall void Permit No. WQ0029804 issued April 13, 2006, and shall be subject to the following specified conditions and limitations: I. SCHEDULES No later than six months prior to the expiration of this perxt-it, 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. 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. WQ0029804 Version 2.0 Shell Version 141027 Page I of 10 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): Parameter Ceiling Concentration (milligrams per kilogram) Monthly Average Concentration (milligrams per kilogram) Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Molybdenum 75 n/a Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 5. ResiduaIs that are distributed shall meet Class A pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b). Exceptions to this requirement shall be specified in Attachment A. 6. Biological residuals (i.e. residuals generated during the treatment of domestic or animal processing wastewater, or the biological treatment of industrial wastewater, and as identified in Attachment A) that are distributed shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a). Exceptions to this requirement shall be specified in Attachment A. 7. Setbacks for Class A land applied bulk residuals shall be as follows: WQ0029804 Version 2.0 Shell Version 141027 Page 2 of 10 Setback Description Setback by residual type (feet) Liquid Cake* Private or public water supply 100 100 Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands) 100 25 Surface water diversions (ephemeral streams, 1 waterways, ditches) 25 0 Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 25 0 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. 8. Bulk residuals and other sources of PIant 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. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science (http://nutrients.soil.ncsu.edu/yields/index.php). 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 Pem3ittee 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 (lttn://www.ncag[.gov/SWC/tech/documents/9th_Guidance Doc 100109.pdf). iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards (ft ://-fc.sc.e ov.usda. ov/NH / ractice-standards/standards/590. d . d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. WQ0029804 Version 2.0 Shell Version 141027 Page 3 of 10 9. The Permittee shall not distribute Class A Wastewater Treatment Plant 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 residual 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. 10. The compliance boundary for residual land application sites shall be specified in accordance with 15A NCAC 02L .0107(b). These sites were individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the residual land application area, or 50 feet within the property boundary, whichever is closest to the residual land application area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. Any approved relocation of the COMPLIANCE BOUNDARY will be noted in Attachment B. 11. In accordance with 15A NCAC 02L .0108, the review boundary shall be established midway between the compliance boundary and the residual land application area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. III. 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. 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; fj 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; WQ0029804 Version 2.0 Shell Version 14I027 Page 4 of 10 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 080. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition 1II.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 Permittee 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. 5. When the Permittee transports or land applies bulk residuals, the spill control provisions shall be maintained in all residuals transport and application vehicles. 6. 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 Permince land applies bulk residuals, a suitable vegetative cover shall be maintained on land application sites onto which residuals are applied, or application shall be in accordance with the crop management plan outlined by the Iocal Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or an agronomist and as approved by the Division. 8. Bulk residuals shall not be Iand 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; g. If the slope is greater than 10% for surface applied liquid residuals, or if the slope is greater than 18% for injectedd 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; WQ0029804 Version 2.0 SheIl Version 141027 Page 5 of 10 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; I. 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, prior to the effective date of the permit. 10. At a minimum, the Utilization Agreement shall stipulate the following: a. 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 .1100, 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; 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 III.8 with a statement that bulk residuals shall not be land applied under these conditions. ii. Wastewater treatment facility 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 11I.12, is sufficient; d. The applicator or party accepting bulk residuals from the Pernittee 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 information contained in Condition Ill.1 O.b. (above) 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 must be obtained from the Division. WQ0029804 Version 2.0 Shell Version 141027 Page 6 of 10 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 Iabel or information sheet shall contain the following: a. The name and address of the person who prepared the residuals; b. A statement that residual land application is prohibited except in accordance with the instructions on the label or information sheet; 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. Setback distances consistent with those required under 15A NCAC 02T .1108(b)(1); e. 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. IV. MONITORING AND REPORTING REOUIREMENTS I. 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. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). The analyses [corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)l shall be performed at the frequency specified in Attachment A, and the Permittee shall maintain these results for a minimum of five years. Any exceptions from the requirements in this condition shall be specified in Attachment A. The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter is in parentheses): Arsenic (5.0) 1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0) Barium (100,0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) Benzene (0.5) 1,1-Dichloroethylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5) Chloroform (6.0) Hexachioro-1,3-butadiene (0.5) Trichloroethylene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0) m-Cresol (200.0) Lead (5.0) 2,4,6-Trichlorophenol (2.0) o-Cresol (200.0) Lindane (0.4) 2,4,5-TP (Silvex) (1,0) p-Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2) Cresol (200.0) Methoxychlor (10.0) 2,4-D (10.0) Methyl ethyl ketone (200,0) WQ0029804 Version 2.0 Shell Version 141027 Page 7 of 10 Once the residuals have been monitored for two years at the frequency specified in Attachment A, the Permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per permit cycle. 3. An analysis shall be conducted on the Class A residuals product 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 by calculation) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) 4. Residuals shalt be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A, and at the time indicated in the sampling and monitoring sections of the approved O&M plan. The required data shall be specific to the stabilization process utilized, and sufficient to demonstrate compliance with the Class A pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b), and one vector attraction reduction requirement in 15A NCAC 02T .1107 (a) shall be met. Any exceptions from the requirements in this condition shall be specified in Attachment A. 5. 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. 6. The Permittee shall maintain records tracking all bulk residual 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). 7. Three copies of an annual report shall be submitted on or before March lst. 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.org/web/wq/atls/lau/reporting, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: WQ0029804 Version 2.0 Shell Version 141027 Page 8 of 10 V. Division of Water Resources lnfortnation Processing 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) 776-9800, 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. c. 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 residual 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. 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 Permdttee 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 tenns and conditions of this permit; and may collect groundwater, surface water or leachate samples. WQ0029804 Version 2.0 Shell Version 141027 Page 9 of 10 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. 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 NCGO 10000; 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 perrnit is issued to the new owner. 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. 7. 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 15A NCAC 02T ,0110. 8. 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). 9. 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 I5A NCAC 02T .0105(e)(3). Permit issued this the 1 Ith of March, 2015, effective May 1, 2015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION l S. Jay tmmerman, Acting Director ivisio of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0029804 WQ0029804 Version 2.0 Shell Version 141027 Page 10 of 10 ATTACHMENT A - Approved Residual Sources Winston-Salem 1 Forsyth County Utilities Commission Certification Date: May 1, 2015 Permit Number, WQ0029804 Version: 2.0 Approved Monitoring Monitoring Monitoring Mineralization Permit Biological Maximum Frequency for Frequency for Frequency for Rate Owner Facility Name County Number Residuals Dry Tons Per Year r Non -hazardous Metals and Pathogen & [Raw = 0.4; Characteristics " Nutrients'' s Vector Attraction Acmbic = 0.3: Reductions Anaerobic = 0.2; Compost = 0. 1 W inston-Salem/Forsyth Archie Elledge W WTP Forsyth NCO037834 Yes 8,322 Annually See Table Below See Table Below 0.2 County Utilities Commission Winston-Salem/Forsyth Muddy Creels Forsyth NCO050342 Yes 3,942 Annually Sec Table Below See Table Below 0.2 County Utilities Commission Total 12,264 1. Maximum Dry Tons per Year is the amount of residuals approved for distribution from each permitted facility_ 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Tasting of metals and nutrients as stipulated under permit Condition IV.3. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition IVA. 5. 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 1 /Year _ 319 - • :1,650 1 / Quarter 4 times per ear) =' 1,650 - •:16,500 1/60 Days (6 times per ear) 16,5{)0 1/month Q2 times per year) 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. Approved Distribution Sources Approved Monitoring Monitoring Monitoring Mineralization Permit Biological Maximum Frequency for Frequency for Frequency for Rate Owner Facility Name County Number Residuals Dry Tons r Per Year Non -hazardous Metals and Pathogen & [Raw =0.4; Z Characteristics Nutrients 3. ` Vector Attraction Aerobic = 0.3; Reductions °' ` Anaerobic = 02; Coinpost=0.1 Winston-Salem/ForsytliCounty Utilities Commission ArchieFlludeeWWTP Forsyth WQ0029804 Yes 12,264 Annually See Table Above See Table Above Total 12,264 Page 1 of I