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HomeMy WebLinkAbout3613_EarthFarms_PTO_27486_20170316 Facility Permit No: 3613-COMPOST-2010 WRE- Earth Farms, LLC. Facility Permit to Operate DIN 27486 March 16, 2017 North Carolina Department of Environmental Quality Roy Cooper Michael S. Regan Governor Secretary 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone: 919-707-8200 \ Internet http://portal.ncdenr.org/web/wm An Equal Opportunity \ Affirmative Action Employer – 50% Recycled \ 10% Post Consumer Paper STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION LARGE TYPE 3 SOLID WASTE COMPOST FACILITY Permit No. 3613-COMPOST-2010 Wind River Environmental, LLC, A Wholly Owned Subsidiary of WRE Holding Corp. (Owner)   WRE-Earth Farms LLC, A Subsidiary of Wind River Environmental, LLC. (Operator) is hereby issued a PERMIT TO OPERATE WRE- EARTH FARMS, LLC COMPOST FACILITY Located at 351 Colt Thornburg Road, in Dallas, Gaston County, North Carolina, in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this permit. The legal description of the site is identified on the deeds recorded for this property listed in Attachment 1 of this permit. ________________________________________ Ellen B. Lorscheider, Section Chief Solid Waste Section Facility Permit No: 3613-COMPOST-2010 WRE - Earth Farms, LLC. Facility Permit to Operate DIN 27486 March 16, 2017 Page 2 of 7 ATTACHMENT 1 PART I: PERMITTING HISTORY Permit Issuance Date Original Issue Permit to Operate (PTO) August 12, 2010 New Permit (ownership change) March 16, 2017 PART II: LIST OF DOCUMENTS FOR APPROVED PLAN 1. Earth Farms Compost Site Application for Large Type 3 Facility., Prepared by Diamond Engineering, PLLC, Johnny H. Denton, P.E., PLS, A.R. Rubin, Professor Emeritus, NCSU- BAE. January 22, 2010 revised May 26, 2010. 2. Change in Ownership Application: WRE- Earth Farms LLC Compost Facility Permit Renewal 2016 Prepared by Diamond Engineering, PLLC, Johnny H. Denton, P.E. & Dr. A. R. Rubin. Earth Farms, LLC, developed and signed on September 2015 revised through May 2016. Doc ID 27485 PART III: PROPERTIES APPROVED FOR THE SOLID WASTE FACILITY Gaston County, N.C. Register of Deeds Book Page Grantee (sold to) Acres 4846 1084 WRE - Earth Farms, LLC. 107 Note - Gaston County Parcel No. 202024. Compost Facility encompasses 18 acres PART IV: GENERAL PERMIT CONDITIONS 1. This permit is issued by the North Carolina Department of Environmental Quality, Division of Waste Management, Solid Waste Section (Section). In accordance with North Carolina Solid Waste Management Rule 15A NCAC 13B .0201(d), a solid waste management facility permit shall have two parts: a Permit to Construct and a Permit to Operate. The Permit to Operate shall expire March 16, 2022. The Permit to Operate must be implemented in accordance with Attachment 3 of this permit. Facility Permit No: 3613-COMPOST-2010 WRE - Earth Farms, LLC. Facility Permit to Operate DIN 27486 March 16, 2017 Page 3 of 7 2. The persons to whom this permit is issued (“permittee”) are the owners and operators of the solid waste management facility. 3. By receiving waste at this facility, the permittee shall be considered to have accepted the terms and conditions of this permit. 4. Operation of this solid waste management facility must be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit, and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition. Failure to comply may result in compliance action or permit revocation. 5. This permit is issued based on the documents submitted in support of the application for permitting the facility identified in “List of Documents for Approved Plan,” which constitutes the approved plan for the facility. Where discrepancies exist, the most recent submittals and the Attachment 3, “Conditions of Operating Permit” shall govern. 6. This permit may be transferred only with the approval of the Section, through the issuance of a new or substantially amended permit in accordance with applicable statutes and rules. In accordance with NCGS 130A-295.2(g), the permittee must notify the Section thirty (30) days prior to any significant change in the identity or business structure of either the owner or the operator, including but not limited to, a proposed transfer of ownership of the facility or a change in the parent company of the owner or operator of the facility. 7. The permittee is responsible for obtaining all permits and approvals necessary for the development of this project including approval from appropriate agencies for sedimentation and erosion control, and a General or Individual National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit, if applicable. Issuance of this permit does not remove the permittee’s responsibilities for compliance with any other local, state or federal rule, or statute. - End of Section - Facility Permit No: 3613-COMPOST-2010 WRE - Earth Farms, LLC. Facility Permit to Operate DIN 27486 March 16, 2017 Page 4 of 7 ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT [NOT APPLICABLE] - End of Section - Facility Permit No: 3613-COMPOST-2010 WRE - Earth Farms, LLC. Facility Permit to Operate DIN 27486 March 16, 2017 Page 5 of 7 ATTACHMENT 3 CONDITIONS OF OPERATING PERMIT 1. The Permit to Operate shall expire March 16, 2022. Pursuant to 15A NCAC 13B .0201(g), no later than November 8, 2021, the permittee must submit a request to the Section for permit review and must update pertinent facility plans. 2. The facility must be adequately secured by means of gates, chains, berms, fences, or other measures approved by the Section to prevent unauthorized entry. 3. A sign must be maintained at the site entrance providing site information including the permit number, prohibited materials, and emergency contact information. 4. A responsible individual trained in facility operations must be onsite during all operating hours of the facility, in accordance with NCGS 130A-309.25. 5. Interior roadways must be of all-weather construction and maintained in good condition. All sides of storage and compost areas for flammable materials must be clear and drivable, to provide vehicular access in the event of a fire. 6. Feedstocks for composting are limited to: dewatered grease trap waste and septic waste, salad waste culls, restaurant pre-and post-consumer food waste, wood material (wood chips and yard waste), and cotton gin waste. A request must be submitted to receive additional feedstocks, and may require a permit modification. 7. An appropriate Division of Energy, Mineral and Land Resources (DEMLR) permit for managing any stormwater or wastewater at the facility must be maintained as required. Any leachate generated at the facility and any runoff from the facility must be managed to prevent contamination of groundwater and surface water. The facility must be maintained to prevent the accumulation of stormwater and leachate on processing areas, composting areas, storage areas, and roads. Facility Permit No: 3613-COMPOST-2010 WRE - Earth Farms, LLC. Facility Permit to Operate DIN 27486 March 16, 2017 Page 6 of 7 8. Feedstocks must not be received that are in an anaerobic state. 9. Windrow dimensions for active composting must be limited to a maximum of 8-feet high and 12-feet wide, unless otherwise approved by the Section. 10. Storage of pre-processed debris and mulch must be limited to piles of maximum 30 feet in height, 50 feet in width, with unlimited length within the approved boundaries, unless otherwise approved by the Section. 11. Windrow turning must not occur without consulting weather forecasts for favorable conditions including wind direction and precipitation. 12. The odor management procedures must be followed to minimize odors at the facility boundary. Upon receipt of an odor complaint, the facility operator must investigate and take action as necessary to minimize the cause of the complaint. A copy of all written complaints regarding this facility must be maintained for the duration of the permit including the operator’s actions taken to resolve the complaints. 13. Compost process data must be maintained in writing as required to document temperatures, moisture levels, and turning/aeration intervals. 14. Thermometers used for documenting composting temperatures must be calibrated annually. Documentation of calibration must be kept in the facility records. 15. All compost produced at the facility must meet the requirements of Rule .1407 of the Solid Waste Compost Facility Rules and the approved operation plans. 16. Testing and reporting must be conducted in accordance with the requirements of Rule .1408 and the approved operations plans. a. The sample collected for metals analysis is to be a composite sample from subsamples accumulated from each batch produced during the six-month period, or 20,000 tons of compost produced, whichever comes first. b. The sample collected for pathogens testing should not be collected and held over a six-month period. The sample should be collected as a composite sample from finished compost onsite on the same day it is to be taken to the lab for analysis. The sample should be processed within the hold time required by the lab testing procedure. 17. In the event of a mechanical failure, the facility must immediately use its best effort to utilize substitute equipment for completion of the composting operation. 18. Effective vector control measures must be applied to reduce the potential for vector attraction, as needed. Facility Permit No: 3613-COMPOST-2010 WRE - Earth Farms, LLC. Facility Permit to Operate DIN 27486 March 16, 2017 Page 7 of 7 19. The facility must be operated and maintained with sufficient dust control measures to minimize airborne emissions and to prevent dust from becoming a nuisance or safety hazard. Fugitive dust emissions from the facility that contribute to substantive complaints may subject the facility to the Division of Air Quality requirements as listed in 15A NCAC 2D .0540. 20. Unacceptable wastes received at the site must be stored in containers and promptly removed from the site for proper disposal. 21. An annual report of facility activities for the fiscal year July 1 to June 30 must be submitted to the Section by August 1 of each year on forms provided by the Section. This report must include the amount of materials composted in tons, temperature records, and metal, pathogen, and foreign matter testing analytical data. 22. Copies of this permit, the approved plans, and all records required to be maintained by the permittee must be maintained at the facility and made available to the Section upon request during normal business hours. 23. Open burning of waste is prohibited. Fires must be reported to the regional environmental senior specialist with 24 hours of the occurrence, followed by a written report of the details of the fire within 15 days of the occurrence. 24. Facility construction, operations or practices must not cause or result in a discharge of pollution, dredged material, and/or fill material into waters of the state in violation of the requirements under Sections 401 and 404 of the Clean Water Act, as amended. 25. Groundwater quality at this facility is subject to the classification, monitoring, and remedial action provisions of 15A NCAC 2L. Groundwater monitoring may be required if there is an indication for the potential for groundwater contamination. - End of Permit Conditions -