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HomeMy WebLinkAboutWQ0036333_Final Permit_20131029NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary October 29, 2013 Judy D. Brooks, President Brooks Contractor 1195 Beal Road Goldston, North Carolina 27252 Subject: Permit No. WQ0036333 Brooks Compost Facility Land Application of Industrial By Product Residuals (Non - Dedicated) Chatham County Dear Ms. Brooks: In accordance with your permit application request received December 27, 2012, and subsequent rN additional information received July 26, 2013, we are forwarding herewith Permit No. WQ0036333 dated October 29, 2013, to Brooks Contractor for the construction and operation of the subject residuals management program. This permit shall be effective from the date of issuance until September 30, 2018, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and C. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Due to the similarities in characteristics between compost leachate and the compost itself, the application of compost leachate is being permitted as a residual management permit instead of a wastewater irrigation permit. This allows Brooks Farm to more effectively manage this waste in a beneficial manner and minimize its permitting burden. This approach significantly reduces monitoring and reporting requirements on a monthly basis, but does require the submittal of an annual report summarizing the yearly activities. Please pay close attention to the conditions of this permit and feel free to contact the Division for assistance in getting a clear understanding of the expectations specified in this permit prior to any deadline being missed or unintended non-compliance occurs. WATER QUALITY PERMITTING SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-807-64641 FAX: 919.807-6496 Internet httn:l/oortal.nodenr.omlweb/wgtaas An Equal Opportunity 1 Affirmative Action Employer Ms. Brooks October 29, 2013 Page 2 of 2 If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of 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. 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 (919) 807-6425 or alice.wessner@ncdenr.gov. Sincerely, _h mas A. Reeder cc: Chatham County Health Department Raleigh Regional Office, Water Permitting Section Gary S. MacConnell, P.E., MacConnell & Assoc., 1903 N. Harrison Ave., Cary, NC 27513 Beth Buffington, Public Water Supply Section — Protection and Enforcement Branch Permit File WQ0036333 Notebook File WQ0036333 Aw►.. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF INDUSTRIAL BY PRODUCT NON -DEDICATED 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 Brooks Contractor Chatham County FOR THE construction and operation of a residuals management program for Brooks Contractor and consisting of the land application of an industrial by product residuals generated by the approved facilities listed in Attachment A to the approved sites listed in Attachment B with no discharge of wastes to surface waters, pursuant to the application received December 27, 2012, and subsequent additional information received on July 26, 2013 by the Division of Water Resources, and in conformity with the project plans, specifications, and 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 257. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from the date of issuance until August 31, 2018, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. In accordance with 15A NCAC 02T .0116, upon completion of construction and prior to operation of this permitted facility, a certification (attached) shall be submitted from a licensed North Carolina Professional Engineer certifying that the permitted facility has been installed in accordance with this permit, Division approved plans and specifications, and other supporting documentation, including the location of all monitoring wells as applicable. If this project is to be completed in phases and partially certified, the Permittee shall retain the responsibility to track further construction approved under the same permit, and shall provide a final certificate of completion once the entire project has been completed. Mail the Certification to the Division of Water Resources, Water Quality Permitting Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. 2. The Raleigh Regional Office, telephone number (919) 791-4200, shall be notified at least 48 hours in advance (excluding weekends and holidays) of operation of the installed facilities such that an in- place inspection can be made. Notification to the Water Quality Permitting Section's regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. WQ0036333 Version 1.0 Shell Version 130918 Page 1 of 16 The Raleigh Regional Office, telephone number (919) 791-4200, shall approve monitoring wells MW -1, MW -2 and MW -3 prior to installation, and the monitoring wells shall be installed prior to beginning waste disposal operations. The regional office shall be notified at least 48 hours prior to the construction of any monitoring well and such notification to the Water Quality Permitting Section's regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. The monitoring wells shall be constructed such that the water level in the well is never above or below the screened (open) portion of the well at any time during the year, and in accordance with 15A NCAC 02C .0108. The general location and name for each monitoring well is marked on Figure A. 4. Within 60 days of monitoring well completion, the Permittee shall submit two original copies of a site map with a scale no greater than 1 -inch equals 100 feet; however, special provisions may be granted upon prior approval for large properties. At a minimum, the map shall include the following information: a. The location and identity of each monitoring well. b. The location of major components of the waste disposal system. c. The location of property boundaries within 500 feet of the disposal areas. d. The latitude and longitude of the established horizontal control monument. e. The elevation of the top of the well casing (i.e., measuring point) relative to a common datum. f. The depth of water below the measuring point at the time the measuring point is established. g. The location of compliance and review boundaries. h. The date the map is prepared and/or revised. Control monuments shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities taking place on the property. The map and any supporting documentation shall be sent to the Division of Water Resources, Water Quality Permitting Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. 5. 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 Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. 6. The permittee shall be in full compliance with the signage requirements established in Condition 111. 13. within 180 days of the effective date of this permit. H. PERFORMANCE STANDARDS 1. 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 land applying residuals to the site, contact the Raleigh regional office's Water Quality Permitting Section supervisor, and take any immediate corrective actions. 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. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with 15A NCAC 02C.0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. WQ0036333 Version 1.0 Shell Version 130918 Page 2 of 16 4. Only residuals generated by the facilities listed in Attachment A are approved for land application in accordance with this permit. 5. Only the sites listed in Attachment B are approved for residuals land application. 6. Pollutant concentrations in residuals applied to land application sites listed in Attachment B shall not exceed the following Ceiling Concentrations (i.e., dry weight basis) or Cumulative Pollutant Loading Rates (CPLRs): Parameter Ceiling Concentration (milligrams per kilogram) CPLR (pounds per acre) Arsenic 75 36 Cadmium 85 34 Copper 4,300 1,338 Lead 840 267 Mercury 57 15 Molybdenum 75 n/a Nickel 420 374 Selenium 100 89 Zinc 7,500 2,498 The Permittee shall determine compliance with the CPLRs using one of the following methods: a. By calculating the existing cumulative level of pollutants using actual analytical data from all historical land application events of residuals, or b. For land where residuals application have not occurred or for which the required data is incomplete, by determining background concentrations through representative soil sampling. 7. Residuals that are land applied shall meet Class B pathogen reduction requirements in 15A NCAC 02T .1106(c). Exceptions to this requirement shall be specified in Attachment A. 8. Setbacks for treatment and storage facilities shall be as follows: WQ0036333 Version 1.0 Shell Version 130918 Page 3 of 16 Setback Setback Description feet Habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 100 Property lines 50 Private or public water supply 100 Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands 50 Wells with exception to monitoring wells 100 WQ0036333 Version 1.0 Shell Version 130918 Page 3 of 16 9. Setbacks for land application sites shall be as follows: 10. Land application areas shall be clearly marked on each site prior to and during any residuals application event. 11. Bulk residuals and other sources of Plant 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. b. 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.11. WQ0036333 Version 1.0 Shell Version 130918 Page 4 of 16 M Setback by application type (feet) Setback Description Vehicular Irrigation Surface Surface Injection / Application Application Incorporation Habitable residence or place of public assembly under separate ownership or not to be maintained as 400 400 200 art of the project site Habitable residence or places of public assembly owned by the Permittee, the owner of the land, or the 0 200 0 lessee/operator of the land to be maintained as part of the vroiect site Property lines 50 150 50 Public right of way 50 50 50 Private or public water supply 100 100 100 Surface waters (streams — intermittent and perennial, 100 100 50 perennial waterbodies, and wetlands Surface water diversions (ephemeral streams, 25 100 25 waterways, ditches Groundwater lowering ditches (where the bottom of 25 100 25 the ditch intersects the SHWT Subsurface groundwater lowering system 0 100 0 Wells with exception to monitoring wells 100 100 100 Bedrock outcrops 25 25 25 Top of slope of embankments or cuts of two feet or 15 15 15 more in vertical height Building foundations or basements 0 15 0 Water, lines 0 10 0 Swimming pools 100 100 100 Nitrification fields 0 20 0 10. Land application areas shall be clearly marked on each site prior to and during any residuals application event. 11. Bulk residuals and other sources of Plant 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. b. 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.11. WQ0036333 Version 1.0 Shell Version 130918 Page 4 of 16 M c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee 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 (http://www.ncagr.izov/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 (ftp://ftp-fc.sc.egov.usda.gov/NHQ/,practice-standards/standards/590.pdf). d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. 12. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by 25% in accordance with the USDA-NRCS 590 Nutrient Management Standards. 13. If land application sites are to be over -seeded or double -cropped (e.g., bermuda grass in the summer and rye grass in the winter with both crops to receive residuals), then the second crop can receive an application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ac/yr). This practice may be allowed as long as the second crop is to be harvested or grazed. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no additional PAN shall be applied. 14. Prior to land application of residuals containing a sodium adsorption ratio (SAR) of 10 or higher, the Permittee shall obtain and implement recommendations from at least one of the following: 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. The recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee shall maintain written records of these recommendations and details of their implementation. 15. 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. 16. 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 1. 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. WQ0036333 Version 1.0 Shell Version 130918 Page 5 of 16 2. The Raleigh Regional Office, telephone number (919) 791-4200, and the appropriate local government official (i.e., county manager, city manager, or health director) shall be notified at least 48 hours prior to the initial residuals land application to any new land application site. Notification to the Water Quality Permitting Section's regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 3. The Raleigh Regional Office shall be notified via email or telephone, (919) 791-4200, at least 24 hours prior to conducting any land application activity. Such notification shall indicate, at a minimum, the anticipated application times, field IDs, and location of land application activities. If it becomes necessary to apply to additional fields due to unforeseen events, the Regional Office shall be notified prior to commencing the application to those fields. 4. 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; f) 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; 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 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 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition III. 4.), 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's Technical Assistance & Certification Unit at (919) 733-0026. 6. 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. WQ0036333 Version 1.0 Shell Version 130918 Page 6 of 16 7. When the Permittee transports or land applies bulk residuals, the spill control provisions shall be maintained in all residuals transport and application vehicles. 8. Residuals shall not be stored at any land application site, unless written approval has been requested and received from the Division. 9. 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. 10. When the Permittee land applies bulk residuals, a suitable vegetative cover shall be maintained on land application sites onto which residuals are applied in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or an agronomist and as approved by the Division. 11. Bulk residuals shall not be land 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 injected 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; 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; 12. The following public access restrictions apply to residual land application sites: a. Public access to public contact sites (e.g., golf courses, parks, ball fields, etc.) shall be restricted for 365 days after a residuals land application event; b. Public access to non-public contact sites shall be restricted for 30 days after a residuals land application event. WQ0036333 Version 1.0 Shell Version 130918 Page 7 of 16 13. Public access controls shall include the posting of signs with a minimum area of 3 square feet (e.g., 1.5' x 2'). Each sign shall indicate the activities conducted at each site, permit number, and name and contact information, including the Permittee or applicator's telephone number. Signs shall be posted in a clearly visible and conspicuous manner at the entrance to each land application site during a land application event, and for as long as the public access restrictions required under 111.12 apply. 14. The following harvesting and grazing restrictions apply to residual land application sites after each land application event: Harvesting and Grazing Description RestrictedDuration Animals shall not be allowed to graze during land application activities and restricted period. Sites that are to be used for grazing shall have fencing to 30 days prevent access after each land application event. Food crops, feed crops and fiber crops shall not be harvested for: 30 days Turf grown on land where residuals have been applied shall not be harvested for: 12 months Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.) 14 months shall not be harvested for: When the residuals remain on the land surface for four months or longer prior to incorporation into the soil, food crops with harvested parts below the land 20 months surface (e.g., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for: When the residuals remain on the land surface for less than four months prior to incorporation into the soil, food crops with harvested parts below the land 38 months surface shall not be harvested for: 15. The Permittee shall acquire from each landowner or lessee/operator a statement detailing the volume of other nutrient sources (i.e., manufactured fertilizers, manures, or other animal waste products) that have been applied to the site, and a copy of the most recent Nutrient Management Plan (NMP) for those operations where a NMP is required by the US Department of Agriculture — National Resources Conservation Service (NRCS) or other State Agencies. The Permittee shall calculate allowable nutrient loading rates based on the provided information and use appropriate reductions. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan (WUP) or Certified Nutrient Management Plan (CNMP) shall also be considered a Nutrient Management Plan. 16. No residuals shall be land applied unless the submitted Land Owner Agreement Attachment (LOAA) between the Permittee and landowners or lessees/operators of the land application site is in full force and effect. These agreements shall be considered expired concurrent with the permit expiration date, and shall be renewed during the permit renewal process. IV. MONITORING AND REPORTING REOUIREMENTS 1. 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. WQ0036333 Version 1.0 Shell Version 130918 Page 8 of 16 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) Hexachloro-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) 214,5 -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) 3. An analysis shall be conducted on residuals from each source generating facility 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) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) 4. Residuals shall be monitored for compliance with pathogen 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 B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b)(2) shall be met. Any exceptions from the requirements in this condition shall be specified in Attachment A. WQ0036333 Version 1.0 Shell Version 130918 Page 9 of 16 5. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site listed in Attachment B on which a residuals land application event will occur in the respective calendar year. This analysis shall be in accordance with the "Guidance on Soil Sampling" located in the Sampling Instructions section of the NC Department of Agriculture & Consumer Services' website (http://www.ncagr.gov/agronomi/pubs.htm). The Permittee shall maintain these results and a description of the sampling methodologies used to determine soil fertility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH 6. Laboratory parameter analyses shall be performed on the residuals as they are land applied, and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505. 7. Monitor wells shall be sampled after construction and within three months prior to initiating residual application operations. Monitoring wells shall be sampled thereafter at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as Drovided in Attachment C and Figure A. 8. For initial sampling of monitoring wells, the Permittee shall submit a Compliance Monitoring Form (GW -59) and a Well Construction Record Form (GW -1) listing this permit number and the appropriate monitoring well identification number. Initial Compliance Monitoring Forms (GW -59) without copies of the Well Construction Record Forms (GW -1) are deemed incomplete, and may be returned to the Permittee without being processed. 9. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW -59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW - 59) shall include this permit number, the appropriate well identification number, and one GW -59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 10. The Permittee shall maintain records tracking all residual land application events. At a minimum, these records shall include the following: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number as listed in Attachment B); d. Approximate areas applied to (acres); e. Method of land application; WQ0036333 Version 1.0 Shell Version 130918 Page 10 of 16 f. Weather conditions (e.g., sunny, cloudy, raining, etc.); g. Predominant Soil Mapping Unit (e.g., CbB2); h. Soil conditions (e.g., dry, wet, frozen, etc.); i. Type of crop or crops to be grown on field; j. 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); k. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, or wet ton per acre; 1. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or wet tons per acre; m. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, or wet tons per acre; and n. Annual and cumulative totals in dry tons per acre of residuals as well as animal waste and other sources of nutrients (e.g., if applicable), annual and cumulative pounds per acre of each heavy metal (e.g., shall include, but shall not be limited to, arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. 11. Three copies of an annual report shall be submitted on or before March 151. 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/M/aps/lau/reporting, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 12. Noncompliance Notification The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 796- 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 with the land application program resulting in the land application of significant amounts of wastes that are abnormal in quantity or characteristic. b. Any failure of the land application 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. WQ0036333 Version 1.0 Shell Version 130918 Page I I of 16 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. V. INSPECTIONS 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 Permittee 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 terms and conditions of this permit; and may collect groundwater, surface water or leachate samples. 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 permit is issued to the new owner. WQ0036333 Version 1.0 Shell Version 130918 Page 12 of 16 6. The Permittee shall retain a set of Division 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 pursuant to 15A NCAC 02T .01050). 8. 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. 9. 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). 10. 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 15A NCAC 02T .0105(e)(3). Permit issued this the 29`" day of October 2013 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Tomas . Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0036333 WQ0036333 Version 1.0 Shell Version 130918 Page 13 of 16 THIS PAGE BLANK hil WQ0036333 Version 1.0 Shell Version 130918 Page 14 of 16 Permit No. WQ0036333 Brooks Contractor Brooks Compost Facility ENGINEERING CERTIFICATION ❑ Partial ❑ Final Land Application of Residuals October 29, 2013 Chatham County In accordance with 15A NCAC 02T .0 116, I,_ , as a duly registered Professional Engineer in the State of North Carolina, having the Permittee's authorization to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility, hereby state to the best of my abilities that due care and diligence was used in the observation of the construction, such that the facility was built within substantial compliance and intent of this permit, the Division approved plans and specifications, and other supporting documentation. ❑ Any variation to this permit, the Division approved plans and specifications, and other supporting documentation has been documented in the attached as -built drawings, and shall serve as the Permittee's minor modification request to amend the permit accordingly. Provide a brief narrative description of any variations: Professional Engineer's Name Telephone E-mail NC PE & Date THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES AQUIFER PROTECTION SECTION LAND APPLICATION UNIT By U.S. Postal Service: 1636 MAIL SERVICE CENTER By Courier/Special DelivM: 512 N. SALISBURY STREET RALEIGH, NORTH CAROLINA 27699-1636 RALEIGH, NORTH CAROLINA 27604 WQ0036333 Version 1.0 Shell Version 130918 Page 15 of 16 ATTACHMENT A - Approved Residual Sources Brooks Contractor — Brooks Compost Facility Certification Date: October 29, 2013 Permit Number: WQ0036333 Version: 1.0 1. Loading rate shall not exceed 20.26 inches per year or 0.5 inches per hour. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing 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 shall only be re quired in the event nuisance conditions occur. 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 Monitoring Monitoring Monitoring =>1,650-<16,500 1/60 Das 6 times per ear =>16,500 I/month 12 times per ear Maximum Permit Biological Frequency for Frequency for Frequency for Approved Owner Facility Name County Number Residuals Dry Tons i Non -hazardous Metals and Pathogen & Mineralization Per Year Characteristics 2 Nutrients 3,5 Vector Attraction Rate Reductions 4, s, 6 Brooks Contractor Brooks Compost Facility Chatham WQ0036333 No Once per permit cycle See Table Below See Footnotes Total 1. Loading rate shall not exceed 20.26 inches per year or 0.5 inches per hour. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing 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 shall only be re quired in the event nuisance conditions occur. 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 Das 6 times per ear =>16,500 I/month 12 times per ear 6. Industrial By Product residuals are exempt from meeting the vector attraction reduction requirements in Condition IVA, provided they are not mixed with residuals that have been generated during the treatment of domestic wastewater, the treatment of animal processing wastewater, or the biological treatment of industrial wastewater. The Industrial By Product residuals must be treated and processed in a manner as to not meet the definition of "Biological Residuals" as defined in 15A NCAC 02T. 1 102(6). 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. Page 1 of 2 ATTACHMENT A - Approved Residual Sources Brooks Contractor —Brooks Compost Facility J Certification Date: October 29, 2013 Permit Number: WQ0036333 Version: 1.0 Page 2 of 2 J ` l ATTACHMENT B - Approved Land Application Sites Brooks Contractor l Certification Date: October 29, 2013 Permit Number: WQ0036333 Version: 1.11 Field/ Owner Lessee County Latitude Longitude Net Dominant Soil Series Footnotes Site1 Acreage Brooks Contractor Chatham 350 32' 38" 790 21'48" 7.41 Goldston-Badin 2 Brooks Contractor Chatham 350 32'37" 790 21' 43" 5.14 Goldston-Badin 3 Brooks Contractor Chatham 350 32' 38" 790 21' 39" 2.54 Goldston -Bain i Total Ism 1. According to the agronomist report the maximum hydraulic loadings will not support the agronomic needs of the cover crops; therefore, additional nutrients may be needed. There may be a need to adjust soil fertility with lime and nutrients based on current soil tests, proposed nitrogen and phosphorus loadings from wastewater and other recommended nutrients based on soil tests. Page I of 2 ATTACHMENT B - Approved Land Application Sites Brooks Contractor Page 2 of 2 Certification Date: October 29, 2013 Permit Number: WQ0036333 Version: 1.0 J J J b ATTACHMENT C — Groundwater Monitoring and Limitations Brooks Compost Facility Monitoring wells: MW -1, MW -2, MW -3 Permit Number: WQ0036333 Version: 1.0 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00400 pH 6.5-8.5 su 3 X year Grab 1,2 00610 Nitrogen, Ammonia Total (as N) 1500 µg/1 3 X year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/1 3 X year Grab 1 00680 Carbon, Tot Organic (TOC) mg/1 3 X year Grab 1,6 00940 Chloride (as Cl) 250 mg/1 3 X year Grab 1 31616 Coliform, Fecal MF, M -FC Broth, 44.5C #/100ml 3 X year Grab 1 70300 Solids, Total Dissolved -180 Deg.0 500 mg/1 3 X year Grab 1 82546 Water Level, distance from measuring point feet 3 X year Calculated 1,2,3 GWVOC Volatile Compounds GC/MS mg/1 Annually Grab 1,4,5 00945 Sulfate, Total (as SO4) 250 mg/1 3 X year Grab 1 1. 3 x Year monitoring shall be conducted in March, July & November; Annual monitoring shall be conducted every November. 2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. 4. Volatile Organic Compounds (VOC) - In November only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 gg/L or less b. Standard Method 6210D, PQL at 0.5 pg/L or less c. EPA Method 8021, Low Concentration, PQL at 0.5 pg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 pg/L or less e. Another method with prior approval by the Aquifer Protection Section Chief Any method used must meet the following qualifications: a. A laboratory must be DWQ certified to run any method used. b. The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. c. The method used must provide a PQL of 0.5 gg/L or less that must be supported by laboratory proficiency studies as required by the DWQ Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL of 0.5 pg/L must be qualified (estimated) and reported. 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Raleigh Regional Office Water Permitting Supervisor, telephone number (919) 7914200, must be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. 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. 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure A and this attachment. Page 1 of I CA NOTES ls�e-wa l.�ww ` v!llra�4f7tQ�.4''i rtw�e�www itia`t"� • w>— swn sn w, w R .Twy� LEGEND rs wwas -•� -- rtrrtw w,_ wa• ♦------- � satta ♦ tr�\ � - - _ wrw� . \-•eerawwr 1t � rne� •.rw5tr Qfi — — ww t.. 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'. � ^,,,.....,'�•... .uemnas..eem euaw m. ,r,. 4 -sra 6ae�w ♦ t,,-+ ,,. s{ ,t _ t rl: -. rF", t .. rr ! s�•'4o- .n. ,t,.• /r, r r.a emtm /7r•?+i r t t`�t,.. `••». it _ a r \ i ♦\ rLtr _ ry _ a t-1 -1 i a '$� tt ♦ Zta f � - � i Sa h _. � .♦ \a♦ t_ t' tw Mn«r•uv r.>✓amauasn •1, : a a'. S tt�(t \ t`I t t, �a t _ ..' z F .rJ .:...ts a'. t:tit_.✓ r �J b C'•r ? \} �;i a♦ ♦ ,r._ ♦\i •ia _.I..._-...•:..,w.v \♦tt BROOKS FARM t\aii`a 4 -.: ryj �:..\tom ••;�,r,__a�s{S.st ..i I @4aP j: �•'� LAND APPLICATION IRRIGATION SYSTEM t` ,l ",ti , f •� ...r• ;�'J"ts:r !a+''."m �'w� CHATHAM COUNTY, NC OL t �t PROPOSED t IRRIGATION SYSTEM POND WATER LEVEL INDICATOR a nano reaaret oewew racra i A45202.00 I C-102 L 1=1Gue�