HomeMy WebLinkAboutWQ0037487_Manure Hauler Miscellaneous_20150720LE IF WA RECEIVEDINCDENRIDWR
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North Carolina Department of Environment and Natural Resources WOROS
MOORESVILLE REGIONAL OFFICE
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 20, 2015 0ZCE1Vg0,1VCOE40/0wF1
MR. JAMS B. Cox AUG G 2015
MURPHY-BROWN, LLC
BOX
WARS Aw, NC 28398 MOOR svr�� EG ONAL OFF
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Subject: Permit No. WQ0037487
Murphy -Brown, LLC
Black Dirt Product
Distribution of Animal Residual Solids
Duplin County
Dear Mr. Cox:
In accordance with your permit application received on December 3, 2014 . and additional
information received on May 6, 2015 and June 24, 2015, we are forwarding herewith Permit No.
WQ0037487, dated July 20, 2015, to Murphy -Brown, LLC for the distribution and marketing of a
fertilizer containing animal waste residuals which meet exceptional quality standards.
This permit shall be effective from the date of issuance until June 30, 2020 and shall be subject to
the conditions and limitations as specified therein. A permit renewal request is due to the Division of
Water Resources (Division) no later than six months prior to that date (i.e., see Condition V. 7.); the
Division does not send permit renewal reminders. Be aware that payment of the annual administering and
compliance fee, as stipulated in Condition V. 4 does not automatically renew this permit.
This permit approves the operation of the program for the distribution of a composted
fertilizer/soil amendment product, containing animal residuals, that meets exceptional quality standards
and is marketed throughout the State of North Carolina (i.e., in bulk and in bags) for a five-year cycle.
Note that this permit does not concurrently provide a license to distribute a fertilizer, as is required by the
Fertilizer Section of the NC Department of.'Agriculture and Consumer Services` Plant Industry Division.
More information about applying for this license may be found at:
htttp://www.nca_-r.-ov/Dlantindustil/seedaiidierfilizei-/
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 30 days following receipt of this
permit. This request must be in the form of a written petition, conforming to Chapter 150E of 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.
1636 Dail Service Center, Raleigh. North Carolina 27699-1636
Phone: 919-867-64641 Inlernel: hllpalwvrw.ncwaterorq
An Equel Opportunity ; AffluratFve Acl:on ETplcye; — Nlade In pert by recycled paper
If you need additional information concerning this matter, please contact Christine Lawson at
(919) 807-6354 or via e-mail at Christine.Lawson@ncdenr.gov.
cc:
Sincerely,
a, J ,
1.0 JA
for S. Jay Zimmerman, P.G.
Director, Division of Water Resources
NC Department of Agriculture & Consumer Services -Plant industry Division (Fertilizer Section)
Asheville Regional Office, Water Quality Regional Operations Section
Fayetteville Regional Office, Water Quality Regional Operations Section
Mooresville Regional Office, Water Quality Regional Operations Section
Raleigh Regional Office, Water Quality Regional Operations Section
Washington Regional Office, Water Quality Regional Operations Section
Wilmington Regional Office, Water Quality Regional Operations Section
Winston-Salem Regional Office, Water Quality Regional Operations Section
WQROS Central Files
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
DISTRIBUTION OF ANIMAL RESIDUAL SOLIDS PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Murphy -Brown, LLC
Dupfin County
FOR THE
operation of a program for the treatment and distribution of up to but less than 3,000 dry tons per year of
a dewatered swine lagoon residuals, that meets exceptional quality standards and is marketed throughout
the State of North Carolina (i.e., in bulk and in bags). The program shall be operated such that no
discharge of wastes to the surface waters occurs, pursuant to this permit and in conformity with the
project plan, specifications, Management Plan, and other supporting data subsequently filed and approved
by the Department of Environment and Natural Resources and considered a part of tills permit.
This permit shall be effective from the date of issuance until June 30, 2020, and shall be suhpect
to the following specified conditions and limitations:
L PERFORMANCE STANDARDS
The program for the distribution and marketing of a fertilizer containing anirrial waste
products which meet exceptional quality standards shall be effectively maintained and
operated as a non -discharge system to prevent tite dischar,,e of any wastes resultin" from the
operation of tills program.
2. This permit: shall become voidable in the event: of failure of the distribution and marketing
program to adequately protect the assigned water quality standards of the surface waters and
aroundwaters.
The issuance of this permit shall not relieve the Perinittee of the responsibility for damages to
sur€-ace or grornd�vafers resulting from the operation of this program.
4. In the event. that the distribution and marketing program is not operated satisfactorily,
includin�u, the creation of nuisance conditions, the Permittee shall take any immediate
corrective actions as may be required by the Division of Water Resources (Division).
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When product containing animal residuals is sold or given away for application to the land
under the conditions of this permit, one of the Class A pathogen requirements in 40 CFR Part
503.32(a) shall be met. Additionally, an evaluation shall be performed which demonstrates
the product's ability to comply with this requirement. Upon request, a copy of this
evaluation, including all test results and calculations, shall be submitted.
6. No product containing any listed hazardous or toxic waste under 40 CFR Part 261 shall be
mixed with animal waste residuals and sold or given away for application to the land under
the conditions of this permit.
The Management Plan submitted with the permit application is hereby incorporated by
reference into this Permit. The Management Plan must be consistent with all applicable laws,
rules, ordinance, and standards (federal, state, and local) in effect at the time of siting, design,
and implementation at each source site. Revisions or modifications to the Management Plan
must be submitted to the Division Central Office prior to implementing the change.
Any violation of the Management Plan shall be considered a violation of this Permit and
subject to enforcement actions. A violation of this Permit may result in the Permittee having
to take immediate or long-term corrective action(s) as required by the Division.
II. OPERATION AND MAINTENANCE REQUIREMENTS
The treatment and distribution program shall be properly operated and maintained at all
times.
No product containing animal residuals other than that generated by the following facilities -or
those designated by the Permittee as stipulated in Attachment B shall be approved for
marketing and distribution in accordance with this permit.
The Permittee shall be approved to accept treat/process, market, and distribute animal
residuals at additional facilities owned/operated by Murphy -Brown, LLC without prior
application and receipt of a permit modification from the Division. Prior to
treatment/processing animal residuals at new facilities, however, the Permittee shall complete
the following minimum items for each facility:
A sludge plan of action (POA) has been developed by a Certified Technical Specialist
and submitted to the Division in compliance with the facility's Permit. The POA must
I nclude a dewatering area design or plan as described in Condition 11.4
b. A verification that the volume of waste/residuals to be processed will not cause the
Penmittee to exceed its maximum processing and distribution/marketing throughput of
3,000 dry tons per year;
c. A verification that the waste/residuals do not exceed the ceiling concentrations for the
nine metals of concern as stipulated in Condition 11.6;
For each facility considered for addition to the processing/treatment, marketing and
distribution program, the animal waste residuals shall be monitored at the time they are
used, disposed of, or prepared for distribution for the density of fecal colifonn or
Salmonella sp. bacteria to demonstrate compliance with 15A NCAC 02T .1106(b)(2).
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e. For each facility considered for addition to the processingltreatment, marketing and
distribution program, a verification that the waste/residuals, through the use of pilot -scale
testing as described in the Management Tian to demonstrate that the pathogen reduction
requirements in 15A NCAC 02T .110b and one of the vector attraction reduction
requirements in 15A NCAC 02T .1107 can be met.
No new facilities shall be accepted unless all five of the above -listed pre -acceptance criteria
are met. The Pennittee shall be responsible for documenting and maintaining records of the
pre -acceptance screening process for each new facility for processing and
distribution/marketing for a minimum of five years. A copy of these records shall be
submitted for review in conjunction with a permit modification application annually or before
March l" of cacti calendar year so that this permit may be updated as stipulated in Condition
III. 7.
4. All dewatering plans, part of the sludge POA, shall meet all of the following criteria:
a. Include a site map showing the dewatering/storage areas, lagoons, compliance boundary,
managed vegetative buffers, ditches, steams, wells, slope measurement. This document
should be added to the Certified Animal Waste Management Plan (CAWMP) for the
facility. If the treatment/storage area is located in a waste application field, the Waste
Utilization Plan shall be updated in accordance with the facility's Permit.
b. Calculated temporary modifications to 25-yr/24-hr storm volume estimates and adjust
freeboard limits accordingly.
c. Dewatering area to have sufficient slope for drainage to collection leachate and
stonnwater -- slope less than five (5) percent. The dewatering area shall be located at least
50 feet from property boundary.
d. Dewatering area must be designed and constructed to collect all leachate frorn the
dewatering process and all stormwater that enters dewatering storage/area. Leachate and
collected stormwater to be pumped to source lagoon.
e. Dewatering area must be designed and constructed with a synthetic liner to eliminate
seepage.
f. Established vegetative Duffer prior to stnoing sludge dewaterinw area; 30 feet for sites
witli less than 2% slope; 50 feet for sites with slopes greater than 2% and less than 5%.
Restrict livestock from accessina dewaierinu area.
h. Dewatering areas must be at least 100 feet from wells and 25 feet from perennial streams
and perennial \eater bodies.
i. Treated residuals shall be stored in compliance witl7 the l�Ranagement flan.
5. All animal Waste residuals shall be adequately stored to prevent leachate runoff prior to,
during. and following treatment. Following treatment_ processed residuals may be stored in
an elevated silo, contained in geomembrane on prepared pad with synthetic liner, placed on a
concrete pad, kept under shelter, or covered until such time as it is distributed to the. user. If
art alternative storage site is to be used, approval shall first be obtained from the Division.
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b. For a product containing animal residuals to'be sold or given away in bags or other container
for application to the land under the conditions of this permit, the following shall be satisfied.
The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average
Concentrations (Dry Weight Basis) must be maintained:
Ceiling Monthly Average
Concentrations Concentrations
Parameters _ LMZ&) (mg/kg)
Arsenic
75
41
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Mercury
57
17
Molybdenum
75
----
Nickel
420
420
Selenium
100
100
Zinc
7,500
2,800
When distributed under the conditions of this permit, a label shall be affixed to the bag or
other container in which the product containing animal residuals is sold or given away for
application to the land, or an information sheet shall be provided to the person who receives
the product containing animal residuals sold or given away in another container for
application to the land. The label or information sheet shall contain the following
information:
a. The name and address of the person who prepared the product containing animal
residuals that is sold or given away in a bag or other container for application to the land.
b. A statement that application of the product containing animal residuals to the land is
prohibited except in accordance with the instructions on the label or information sheet.
c. A statement that application of the product containing animal residuals shall not be
applied to any land that is flooded, frozen or snow-covered.
d. A statement that adequate procedures shall be provided to prevent surface runoff from
carrying any disposed or stored product containing animal residuals into any surface
waters.
e. A statement to help prevent direct application of the product containing animal residuals
to water supply sources and all other waters of the state. For example, "as with any
fertilizer product, do not apply in or near any water supply source or any body of water,
including wells, streams, rivers, and lakes."
111. MONITORING AND REPORTING REQUIREMENTS
Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division to ensure protection of the environment shall be
established and an acceptable sampling and reporting schedule shall be followed.
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Proper records shall be maintained by the Permittee to track all distribution activities within
the State of North Carolina. These records shall include, but are not necessarily limited to,
the following information:
Source. amount (i.e., volume), and analysis of each product containing animal residuals.
b. Name of the initial recipient of the product containing animal residuals, the amount (i.e.,
volume) distributed, and the intended use.
An analysis shall be conducted by the Permittee on each source of animal residuals from the
date of permit issuance at the frequency identified in Condition 11I.4. The results of all
analyses shall be maintained on file by the Pennittee for a minimum of five years. The
analysis shall include the following parameters:
Aluminum
Ammonia -Nitrogen
Arsenic
Cadrnium
Calcium
Copper
Lead
Magnesium
Mercury
Molybdenum
Nickel
Nitrate -Nitrite Nitrogen
Percent Total Solids
pH
Phosphorus
Potassium
Selenium
Sodium
Total Kjeldahl Nitrogen
Zinc
Plant Available Nitrogen
(by calculation)
After the product containing animal residuals has been monitored for two years at the above -
listed frequency, the Pen-nittee may submit a request to the Division for a permit modification
to reduce the frequency of this monitoring requirement. In no case, however, shall the
frequency of this monitoring be less than once per year when the product containing animal
residuals from that source is sold or given away for application to the land during that year.
4. Each source of animal waste residuals product shall be monitored by the Permittee for
compliance with Conditions I1.3 and 11.6 of this permit. The monitoring cycle shall start on
the date of pen -nit issuance, and the results of all analyses shall be maintained on file by the
Permittee for a minimum of five years. Data to verify stabilization of the product shall be
maintained by the Permittee. The required data shall be specific to the stabilization process
utilized, but should be sufficient to demonstrate compliance with Condition I1.3, Condition
11.6, and the Management Plan. In addition, the EPA. certification statement concerning
compliance with pathogen requirements shall. be completed annually by the proper
authority or authorities if more than one is involved. either the person who {generates
the product containing animal residuals or theperson who, prepares the product to be
sold or given away for application to the land_
Each animal waste residual source shall be sampled at the intensity shown below for each
year that the source distributes aslimal waste residuals:
Metric Tons per 365 day period Minimum 9 of Samples
(Dry Weight Basis)
Greater than Zero but less than 290 One
Equal to or greater than 290 but less than 1_500 Four
Egrral to or greater than 1,500 Six
Samples should be representative of the source material as distributed. Sanipling shall be
c011ductcd and results rccordcd prior to 117e distribution of animal wasle residual products.
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5. Laboratory analyses and/or operational data, as required by Condition 11. 3, and Condition U.
6 shall be performed/gathered on the product containing animal residuals as it is to be
distributed. Furthermore, analytical determinations made pursuant to the monitoring and
reporting requirements of this permit shall be made by a laboratory certified by the Division
for the required parameter(s) under 15A NCAC 2H .0800.
6. Three copies of all required monitoring and reporting requirements shall be submitted
annually on or before March 1 n of the year following the distribution event to the following
address:
NCDENR-DWR
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. Three copies of a permit modification application request shall be submitted annually on or
before March 1 ,� of each year to�the following address:
NCDENR-DWR
Water Quality Regional Operations Section
Animal Feeding Operations
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
The purpose of the permit modification shall be to update this permit with all sources that had
been accepted by the Permittee through the pre -acceptance screening/approval process
stipulated in Condition 11.3. during the last calendar year.
8. Noncompliance Notification:
The Pennittee shall report by telephone to the Water Quality Regional Operations Section of
the appropriate Division regional office (i.e., see Attachment A) as soon as possible, but in no
case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence with the distribution program that results in the distribution of significant
amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the distribution program resulting in a release of material to receiving
waters.
c. Any time that self -monitoring information indicates that the distribution program has
gone out of compliance with the conditions and limitations of this pen -nit or the
parameters on which the facility was designed.
d. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate treatment.
e. Any spillage or discharge from a vehicle or piping system during transportation of
residuals or product containing animal residuals.
Persons reporting such occurrences by telephone shall also file a written report in letterfonn
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.
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W. INSPECTIONS
The Permittee or his designee shall inspect the storage, transport; and treatment facilities
related to the distribution program to prevent malfunctions and deterioration, operator errors
and discharges which may cause or lead to the release of wastes to the environment, a threat
to human health, or a nuisance. The Pennittee shall maintain an inspection log or summary
including at least the date and time of inspection, observations made; and any maintenance,
repairs, or corrective actions taken by the Permittee. This log of inspections shall be
maintained by the Permittee for a period of five years from the date of the inspection and
shall be made available to the Division or other perinitting authority; upon request.
Any duly authorized officer; employee, or representative of the Division may, upon
presentation of credentials; enter and inspect any property, premises or place on or related to
the distribution program at any reasonable time for the purpose of determining compliance
with this permit; inay inspect or copy any records that must be kept under the terms and
conditions of this permit; and may obtain samples of gtoundwater,*surface+water; or leachate.
V. GENERAL CONDITIONS
This permit shall become voidable unless the distribution program is operated in accordance
Nvith the conditions of this permit, the supporting materials, and in the manner approved by
the Division.
This permit shall be effective only with respect to the nature and volume of product
containing animal residuals described in the application and other supporting data.
Failure to abide by the conditions and limitations contained in this permit may subject the
Perimittee to an enforcement action by the Division in accordance with North Carolina
General Statutes § 143-215.6A through § 143-215.6C.
4. The annual administering and compliance fee shall be paid by the Permittee within 30 days
after being billed by the Division. Failure to pay the fee accordingly may cause the Division
to initiate action to revoke this permit; as specified by IS NCAC 2T .01 10 (4).
The issuance of this permit does not preclude the Permittee from coniplyin�,g with any and all
statutes, rules, replations, or ordinances that. may be imposed by other government agencies
(i.e., local: state_ and federal) which have jurisdiction, including, but not limited lo, applicable
river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation contro4
requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGOI OOOO_
artd any reyuiremeitts pertaining to wetlands under 15A NCAC 2B.
This permit may be modified, revoked, and/or reissued to Incorporate any conditions.
limitations and monitoring, requirements the. Division deems necessary in order to protect the
environment and public health adequalely.
The Permittee. at least six months prior to the expiration of this permit, shall request its
extension. Upon receipt of tite request: the Division shall review the adequacy of the
distribution program described therein, and if warranted. shall extend the hernlit for such
Period of time and under such conditions and 11111i4aliOns as it may deem approps-iale.
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Permit issued this the twentieth day of July, 2015.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
/k4l 1) GL�A
fir-S. Jay Zimmerman, P.G.
Director, Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0037487
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Attachment A
DIVISION OF WATER RESOURCES REGIONAL OFFICES
Asheville Regional Office
Fayetteville Regional Office
Mooresville Regional Office
WQROS Supervisor
WQROS Supervisor
WQROS Supervisor
2090 U.S. Highway 70
225 Green Street; Suite 714
610 East Center Avenue,.Suite 301
Swannanoa, NC 28778
Fayetteville, NC 28301-5043
Mooresville, NC 28115
Phone: (828) 296-4500
Phone: (910) 433-3300
Phone: (704) 663-1699
Fax: (828) 299-7043
Fax: (910) 486-0707
Fax: (704) 663-6040
Avery Macon
Anson Moore
Alexander Lincoln
Buncombe Madison
Bladen Robeson
Cabarrus Mecklenburg
Burke McDowell
Cumberland Richmond
Catawba Rowan
Caldwell Mitchell
Harnett Sampson
Cleveland Stanly
Cherokee Polk
Hoke Scotland
Gaston Union
Clay Rutherford
Montgomery
Iredell
Graham Swain
Haywood Transylvania
Henderson Yancey
Jackson
Raleigh Regional Office
WQROS Supervisor
3800 Barrett Drive
Raleigh; NC 27609
Phone: (919) 791-4200
Fax: (919) 571-4718
Chatham
Durham
Edgecombe
Franklin
Granville
Halifax
Johnston
Lee
Nash
Northampton
Orange
Person
Vance
Wake
Warren
Wilson
Winston-Salem Regional Office
WQROS Supervisor
4-0 West Hanes Mill Rd_ Suite 300
Winston-Salem_ NC 27105
Phone: (336) 776-9800
Fax: (336) 776-9797
Alamance Rockingham
Alleghanv Randolph
Ashe
Stokes
Caswell
Surry
Davidson
WatauLi
Davie
WIkes
Forsvili
Yadkin
Guilford
Washington Regional Office
WQROS Supervisor
943 Washington Square Mall
Washington, NC 27889
Phone: (252) 946-6481
Fax: (252) 975-3716
Beaufort
Bertie
Camden
ChoNvan
Craven
Currituck
Dare
Gates
Greene
Hertford
Hyde
Jones
Lenoir
Martin
Pamlico
Pasquotank
Perquimans
Pitt
Tyre I l
Washington
Wayne
Wilmington Regional Office
WQROS Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: (910) 796-7215
Fax: (910) 350-2004
Brunswick New Hanover
Carteret Onslow
Columbus Pender
Duplin
tf
Attachment B
No animal waste residuals other than those generated by the following permitted animal
operations shall be approved for distribution and marketing in accordance with permit
WQ0037487.
Permit
Volume
Facility
Coun /State
Number (Dry
Tons/Year
Farm 2602-1 Murphy -Brown, LLC
Bladen County, NC
AWS090086
400
Farm 3090-3 Murphy -Brown, LLC
Duplin County, NC
AWS310678
400
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