WQ0033492_Final Permit_20081224

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
December 24, 2008
Jason Smith, Partner
Eastern Compost, LLC
Post Office Box 460
Battleboro, North Carolina 27809
Dear Mr. Smith:
Coleen H. Sullins, Director
Division of Water Quality
Subject: Permit No. WQ0033492
Eastern Compost, LLC
Closed -Loop Recycle System
Edgecombe County
In accordance with your permit request received September 25, 2008, we are forwarding herewith
Permit No. WQ0033492, dated December 24, 2008, to Eastern Compost, LLC for the construction of the
subject closed -loop wastewater recycle facilities.
This permit shall be effective from the date of issuance until November 30, 2013 shall void
Permit No. WQ0033492 issued December 24, 2008 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.
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 Alice M. Wessner at [phone] or
[e-mail].
S/oleen
ncerely,
4,. . Sullins
cc: Edgecombe County Health Department
Raleigh Regional Office, Aquifer Protection Section
Kathryn Benson, CH2M Hill, 3201 Beechleaf Court Suite 300, Raleigh, NC 27604
Technical Assistance and Certification Unit
APS Central Files
WosAhCarolina
JVaiura!!y
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone : [phone]
Internet: www.newateroualitv.org Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: [phone]
Fax 2: [phone]
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NORTH C'ARQLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
CLOSED -LOOP RECYCLE 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
Eastern Compost, LLC
Edgecombe County
construction of a 28,975 gallon per day (GPD) wastewater recycle system consisting of approximately
nine acres of drainage area including approximately 5 acres of impervious surface which drains to a 1.35
million gallon clay lined lagoon to serve Eastern Compost, LLC, with no discharge of wastes to the
surface waters, pursuant to the application received September 25, 2008 received by the Division of
Water Quality (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 November 30, 2013, shall void Permit
No. W00033492 issued December 24, 2008, and shall be subject to the following specified conditions
and limitations:
I. SCHEDULES [please review the entire permit for reporting, monitoring, and other on -going activities]
1. Upon completion of construction and prior to operation of this permitted facility, a certification (see
attached form) 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 including the location of all monitoring wells as applicable. If this proiect is to
be completed in phases and partially certified, you shall retain the responsibility to track further
the entire Proiect has been completed. Mail the Certification to the Aquifer Protection Section,
Division of Water Quality, 1636 Mail Service Center, Raleigh, NC 27699-1636.
2. The Raleigh Regional Office, telephone number [phone], shall be notified at least forty-eight
(48) hours in advance (excluding weekends and holidays) 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.
3. Prior to construction of the subject closed loop recycle system, the Permittee shall submit a complete
Operation and Maintenance Plan as well as a Residual Management Plan in accordance with 15A
NCAC 02T .1007 and .1008 respectively.
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4. If not already installed, a waste -level gauge, to, monitor waste levels in the lagoon, shall be installed
within 60 days of issuance of this permit tprior to operation. Caution shall be taken not to damage the
integrity of the liner (if provided) when installing the gauge
No later than six months prior to the expiration of this permit, 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 that Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application.
6. Prior to installation of wastewater return pump from the lagoon to the windrows, plans and
specifications shall be approved by the Division of Water Quality.
11. PERFORMANCE STANDARDS
The closed -loop recycle system shall be effectively maintained and operated at all times so that there
is no discharge to the surface waters, nor any contravention of groundwater or surface water
standards. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate
corrective actions including those actions that may be required by the Division, such as the
construction of additional or replacement wastewater treatment, recycle, or disposal facilities.
2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to ground
or surface waters resulting from the operation of this facility.
3. The facilities permitted herein must be constructed according to the following setbacks:
a. The setbacks for treatment and/or storage units shall be as follows (all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership 100
or not to be maintained as part of the project site:
ii. Any private or public water supply source: 100
iii. Surface waters: 50
iv. Any well with the exception of a Division approved groundwater monitoring 100
well:
v. Any property line: 50
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1. The facilities shall be properly maintained and operated at all times. 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. The Permittee shall maintain an Operation and
Maintenance Plan pursuant to 15A NCAC 02T .1007 including operational functions, maintenance
schedules, safety measures, and a spill response plan.
2. Upon classification of the wastewater treatment and closed -loop recycle 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 08G .0200. The
ORC shall visit the facilities in accordance with 15A NCAC 08G .0200 or as specified in this permit
and shall comply with all other conditions specified in these rules.
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3. Public access to the wastewater treatment equipment, wastewater storage structure(s), and closed -loop
recycle system shall be controlled. I,
4. The residuals generated from these treatment facilities must be disposed / utilized in accordance with
15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A
NCAC 02T .1008.
5. Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
6. The storage lagoon shall be constructed and maintained to contain the accumulation of water from a
25-year, 24-hour stone event.
7. Freeboard in the lagoon shall not be less than one foot at any time.
8. A waste -level gauge, to monitor waste levels in the lagoon shall be provided. 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 the lowest point on top of the dam elevations.
9. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum allowable temporary storage elevation on the inside of the
embankment), 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.
W. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to ensure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.
2. All laboratory analyses for effluent, ground waters, or surface waters shall be made by a laboratory
certified by the Division for the required parameter(s) under 15A NCAC 02H .0800.
3. Freeboard (waste level to the lowest elevation on the top of the embankment) in the lagoon shall be
recorded weekly. Freeboard recording results shall be maintained at the facility for a period of no less
than five years, and shall be made available to the Division upon request.
4. A record shall be maintained of all residuals removed from this facility. This record shall include the
name of the hauler; permit authorizing the disposal or a letter from a municipality agreeing to accept
the residuals, date the residuals were hauled, and volume of residuals removed.
5. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919)791-
4200, 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 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 basin or tank; 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.
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c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to
receiving waters.
V.
d. Any time that self -monitoring information indicates that the facility has gone out of compliance
with its permit requirements.
For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent
failure of a storage structure, etc.) outside normal business hours must be reported to the Division's
Emergency Response personnel at telephone number [phone], [phone], 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.
1. Adequate inspection and maintenance shall be provided by the Permittee to ensure 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 five 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. 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.
2. 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.
This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data. No variances to applicable rules governing the construction
and / or operation of the permitted facilities are granted unless specifically requested and granted in
this permit.
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 government agencies (local, state,
and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer
rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC
Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to
wetlands under 15A NCAC 02B .0200 and 02H .0500.
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5. 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 swtnnitte�d,to the Division on official Division form(s),
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. The
Permittee of record shall remain fully responsible for compliance until a permit is issued to the new
owner.
6. The Permittee shall retain a set of approved plans and specifications for the life of the facilities
permitted herein.
7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority.
8. The Permittee must pay the annual fee 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
pursuant to 15A NCAC 02T .0105(e).
Permit issued this the 24th of December 2008
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
�w een H. llins, Director
'Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0033492
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Permit No. W00033492
12/24/2008
ENGINEER'S CERTIFICATION
Partial Final
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) 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.
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