HomeMy WebLinkAboutWQ0011413_Final Permit_20200109ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
January 9, 2020
SCOTT SMART, P.E. — CENTRAL ENGINEERING DIRECTOR
NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY
4216 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-4216
Subject: Permit No. WQ0011413
Odom Correctional Facility RLAP
Land Application of
Class B Residuals
Northampton County
Dear Mr. Smart:
In accordance with your permit renewal request received October 29, 2019, we are forwarding
herewith Permit No. WQ0011413 dated January 9, 2020, to the North Carolina Department of Public Safety
for the continued operation of the subject residuals management program. Please note that this renewed
permit shall become effective on May 1, 2020 (i.e., the day after the expiration date of the existing permit).
This permit shall be effective from May 1, 2020 through March 31, 2026, shall void Permit No.
WQ0011413 issued January 12, 2015, and shall be subject to the conditions and limitations as specified
therein. The Permittee shall submit a renewal application no later than October 2, 2025.
Please pay particular attention to the monitoring requirements listed in Attachment A for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
Please note that on September 1, 2018, North Carolina Administrative Code Title 15A Subchapter
02T — Waste not Discharged to Surface Waters was readopted. Accordingly, this permit incorporates the
requirements of these rules, therefore, please take the time to review this permit thoroughly.
The Division has removed the following permit conditions since the last permit issuance dated
January 12, 2015:
➢ Old Condition I.2. — This condition has been removed. Compliance with notification
requirements specified by 15A NCAC 02T .0108(b)(2) is incorporated in Condition III. 3.
➢ Old Condition 1.3. — This condition has been removed because an Operation and Maintenance
(O&M) Plan has been submitted.
➢ Old Condition 1.4. — This condition has been removed. Compliance with the signage
requirements for land application is specified by 15A NCAC 02T .1110 (g).
➢ Old Condition I1I.10. — This condition has been removed. Vegetative cover is now regulated
by NCAC A 109(a).
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NonnicaRouw� �' '
o.�rmwmwawip� r 919.707.9000
Mr. Scott Smart
January 9, 2020
Page 2 of 2
2015:
➢ Old Condition III.13. — This condition has been removed. Signage requirements are
incorporated into new Condition II.9.
➢ Old Condition IV.6. — This condition has been removed and replaced by the monitoring
requirements specified in 15A NCAC 02T .I 111.
➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable.
The following permit conditions are new since the last permit issuance dated January 12,
➢ Condition III.10. —The conditions for which land application shall not be conducted have been
updated. The permit has been updated to reflect the changes.
➢ Condition IV.6. — Representative samples of residuals that are prepared for land application
shall be collected and analyzed. This condition is similar to Old Condition IV.6, but monitoring
and reporting are regulated by 15A NCAC 02T .I I I I(a).
➢ Condition IV.8. — The Division is moving toward an electronic filing system. Condition IV.8.
replaces Old Condition IV.8. for the submission of annual reports. The new condition specifies,
that one hard copy and one electronic copy of an annual report shall be submitted on or before
March 1 st
➢ Condition VIX — This permit shall not be renewed if the Permittee or any affiliation has not
paid the required annual fee.
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. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Poonam Giri at (919)
707-3656 or poonam.girina,ncdenngov.
Sincerely,
,FEinda Culpepper, Director
Division of Water Resources
cc: Northampton County Health Department (Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Andrew M. Rodak, PE — Duncklee & Dunham, P.C. (Electronic Copy)
Beth Buffington — Protection and Enforcement Branch (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
LAND APPLICATION OF CLASS B RESIDUALS PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
North Carolina Department of Public Safety
Northampton County
FOR THE
continued operation of a residuals management program for the North Carolina Department of Public Safety
and consisting of the land application of Class B residuals generated by the approved facility listed in
Attachment A to the approved fields listed in Attachment B, with no discharge of wastes to surface waters,
pursuant to the application received October 29, 2019, and in conformity with other supporting data
subsequently filed and approved by the Department of Environmental Quality and considered a part of this
permit. The disposal of residuals is regulated under Title 40 Code of Federal Regulations Part 503. This
permit does not exempt the Permittee from complying with Federal Regulation 40 CFR Part 503.
This permit shall be effective from May 1, 2020 through March 31, 2026, shall void Permit No.
WQ0011413 issued January 12, 2015, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. The Permittee shall request renewal of this permit on Division -approved forms no later than October
2, 2025. [15A NCAC 02T .0105(b), 02T .0109]
H. PERFORMANCE STANDARDS
The Permittee shall maintain and operate the subject residuals management program so there is no
discharge to surface waters, nor any contravention of groundwater or surface water standards. In the
event the residuals management program fails to perform satisfactorily, including the creation of
nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease
land applying residuals, take immediate corrective actions, and contact the Raleigh Regional Office
supervisor. [15A NCAC 02T .0108(b)(1)(A)]
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. [15A NCAC 02T
.0108(b)(1)(A)]
3. Only residuals generated by the facility listed in Attachment A are approved for land application in
accordance with this permit. [15A NCAC 02T .1101]
WQ0011413 Version 4.0 Shell Version 190710 Page 1 of 12
4. Only the fields listed in Attachment B are approved for residuals land application. [G.S. 143-
215.1(a)(9)]
Pollutant concentrations in residuals land applied to the sites listed in Attachment B shall not exceed
the following Ceiling Concentrations or Cumulative Pollutant Loading Rates (CPLRs), on a dry
weight basis:
Parameter
Ceiling
Concentration
Cumulative Pollutant Loading Rates
(kg/ha) (lbs/ac)
(mg/kg)
Arsenic
75
41
36
Cadmium
85
39
34
Copper
4,300
1,500
1,338
Lead
840
300
267
Mercury
57
17
15
Molybdenum
75
N/A
N/A
Nickel
420
420
374
Selenium
100
100
89
Zinc 1
7,500
2,800
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 has not occurred or for which the required data is incomplete,
by determining background concentrations through representative soil sampling.
[15A NCAC 02T. I 105(a), 02T. 1 105(b)]
6. Class B biological residuals shall meet the pathogen reduction requirements in 15A NCAC 02T .1106
(b). Exemptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1106(b),
02T .1106(d)]
7. Class B biological residuals shall meet one of the vector attraction reduction alternatives in 15A NCAC
02T .1107(a). Exemptions to this requirement shall be specified in Attachment A. [15A NCAC 02T
.1107(a), 02T .1107(c)]
WQ0011413 Version 4.0 Shell Version 190710 Page 2 of 12
8. The facilities and sites herein were permitted per the following setbacks:
a. Setbacks for Class B land application sites are as follows (all distances in feet):
Surface
Irrigation
Injection /
Application
Surface
Incorporation
by Vehicle
Application
i. Each habitable residence or place of assembly
400
400
200
under separate ownership:
ii. Each habitable residence or places of assembly
owned by the Permittee, the owner of the land,
0
200
0
or the lessee or operator of the land:
iii. Each property line:
501
1501
501
iv. Public right of way:
50
50
50
v. Each private or public water supply source:
100
100
100
vi. Surface waters such as intermittent and
perennial streams, perennial waterbodies, and
32.8
32.8
32.8
wetlands:
vii. Surface water diversions such as ephemeral
25
25
25
streams, waterways, and ditches:
viii. Groundwater lowering ditches where the
25
100
25
bottom of the ditch intersects the SHWT:
ix. Subsurface groundwater lowering systems:
0
100
0
x. Each well with exception of monitoring wells:
100
100
100
xi. Bedrock outcrops:
25
25
25
xii. Top of slope of embankments or cuts of two
15
15
15
feet or more in vertical height:
xiii.Each building foundation or basement:
0
15
0
xiv. Each water -line:
0
10
0
xv. Nitrification field:
0
20
0
1 Setbacks to property lines are not applicable when the Permittee,
or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02T .I 108(c)]
9. Class B land application areas shall be clearly marked on each site prior to and during any residuals
application event. [15A NCAC 02T .0110(g)]
WQ0011413 Version 4.0 Shell Version 190710 Page 3 of 12
10. 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 (hqp://nutrients.soil.ncsu.edu/yields/index.12hp). A copy
shall be kept on file and reprinted every five years in accordance with Condition IV.6.
c. If the RYE cannot be determined using methods (a) or (b) above, the 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.gov/SWC/tech/documents/9th Guidance Doc 100109. df).
iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation
Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management
Standards(ftp://ftp-fc.sc.egov.usda.gov/NHQ/Tractice-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.
[ 15A NCAC 02T . 1109(a)(1)(K)]
11. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by
25%. [15A NCAC 02T .0108(b)(1)(A)]
12. If residuals 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. [15A NCAC 02T .0108(b)(1)(A)]
13. 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. [ 15A NCAC
02T .0108(b)(1)(A)]
WQ0011413 Version 4.0 Shell Version 190710 Page 4 of 12
14. Residuals land application fields permitted on or after December 30, 1983 have a compliance boundary
that is 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. Any exceedance of groundwater standards
at or beyond the compliance boundary shall require corrective action. Division -approved relocation of
the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under
common ownership and permitted for use as a disposal system shall be treated as a single property with
regard to determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T
.0105(h), G.S. 143-215.1(i), G.S. 143-215.1(k)]
15. The review boundary is midway between the compliance boundary and the residual land application
area. Any exceedance of groundwater standards at or beyond the review boundary shall require
preventative action. [15ANCAC 02L .,0106(d)(1), 02L .0108]
M. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the residuals management program as anon -discharge system.
[ 15A NCAC 02T .1100]
2. The Permittee shall notify the Raleigh Regional Office, telephone number (919) 791-4200, and the
appropriate local government official (i.e., county manager, city manager, or health director) at least
two business days in advance of a site's initial residuals land application event. [15A NCAC 02T
.0108(b)(1)(A)]
3. The Permittee shall notify the Raleigh Regional Office, telephone number (919) 791-4200, at least one
business day in advance of conducting any land application activity. Notification shall include the
anticipated application date, time, and field name as listed in Attachment B. Exceptions to this
requirement shall be approved by the Raleigh Regional Office. [15A NCAC 02T .0108(b)(1)(A)]
WQ0011413 Version 4.0 Shell Version 190710 Page 5 of 12
4. The Permittee shall maintain a Division -approved Operation and Maintenance Plan that shall include:
a. Description of the program, and associated facilities and equipment, in sufficient detail to show
what operations are necessary for the program to function and by whom the functions are to be
conducted;
b. Description of anticipated maintenance of facilities and equipment associated with the program;
c. Include provisions for safety measures, including restriction of access to sites and equipment;
d. Spill control provisions:
i. Response to upsets and bypasses including control, containment, and remediation; and
ii. Contact information for plant personnel, emergency responders, and regulatory agencies;
e. Detailed inspection procedures:
i. Names or titles of personnel responsible for conducting inspections;
ii. Frequency and location of inspections, and procedures to assure that the selected locations and
inspection frequency are representative of the residuals management program; and
iii. Description of record keeping and actions to be taken by the inspector in the event that
noncompliance is observed;
f. Detailed sampling and monitoring procedures:
i. Names or titles of personnel responsible for conducting sampling and monitoring;
ii. Description of monitoring procedures including parameters to be monitored; and
iii. Sampling frequency and procedures to assure that representative samples are collected.
Fluctuation in temperature, flow, and other operating conditions can affect the quality of the
residuals gathered during a particular sampling event. The sampling plan shall account for any
foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to
meet pathogen and vector attraction reduction requirements.
[ 15A NCAC 02T .1110(a)]
Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the residuals management program, the Permittee shall designate and employ a
certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs.
The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G 0204 and shall
comply with all other requirement in 15A NCAC 08G 0204. [15A NCAC 02T .0117, 08G .0204]
6. The Permittee shall ensure that a copy of this permit and the Division -approved Operation and
Maintenance Plan is available when land applying residuals. [ 15A NCAC 02T .1110(b)]
7. The Permittee shall ensure that spill control provisions are available when transporting or land applying
residuals. [15A NCAC 02T .1110(a)(4)]
8. Class B residuals shall not be stored or staged at any land application site, without prior written approval
from the Division. Class B residuals approved for storage shall be stored or staged in a manner to
prevent runoff of leachate and other wastewaters generated. [15A NCAC 02T .1110(c), 02T .1110(e)]
9. Adequate measures shall be taken to prevent wind erosion and runoff from the land application sites
listed in Attachment B. [15A NCAC 02T .0108(b)(1)(A)]
WQ0011413 Version 4.0 Shell Version 190710 Page 6 of 12
10. Class B 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 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 residuals are injected or incorporated within a 24-
hour period following a residuals land application event;
f. During precipitation events, or within 24 hours following a rainfall event of 0.5 inches or greater
in a 24-hour period;
g. If the slope of the land is greater than 10% when liquid residuals are surface applied, or if the slope
of the land is greater than 18% when liquid residuals are injected or incorporated;
h. If the land does not have an established vegetative cover crop unless the land is a Division -approved
no -till site, or the residuals are injected, or incorporated within a 24-hour period following the
application of residuals;
i. If the vertical separation of the seasonal high water table and the depth of residuals application is
less than one foot;
j. If the vertical separation of the depth to bedrock and the depth of residuals application is less than
one foot;
k. If the application exceeds agronomic rates; or
1. If the land application sites are located within a WS-I watershed pursuant to 15A NCAC 02B .0212
or within the Critical Area of a WS-II pursuant to Sub -Item (4)(g) of Rule 15A NCAC 02B .0212,
or within the Critical Area of a WS-III or WS-IV watershed pursuant to Sub -Item (4)(h) of Rules
15A NCAC 0213.0215, and .0216.
[I 5A NCAC 02T .1109(a)(1)]
11. Class B land application sites shall have the following public access restrictions:
a. Public access to public contact sites shall be restricted for one calendar year 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;
c. Public access to land associated with a dedicated land application site shall be restricted
continuously while the land is permitted for active use, and for one calendar year after the final
land application of residuals.
[15A NCAC 02T .1109(a)(2)]
WQ0011413 Version 4.0 Shell Version 190710 Page 7 of 12
12. Class B land application sites shall have the following harvesting and grazing restrictions:
a. Animals shall not be allowed to graze on land for 30 calendar days after any land application of
residuals;
b. Food crops, feed crops, and fiber crops shall not be harvested for 30 calendar days after any land
application of residuals;
c. Food crops with harvested parts that touch the mixture of residuals and soil and are totally above
the land surface shall not be harvested for 14 months after any land application of residuals;
d. Food crops with harvested parts below the land surface shall not be harvested for 20 months after
any land application of residuals if the residuals remain on the land surface for four months or
longer prior to incorporation into the soil;
e. Food crops with harvested parts below the land surface shall not be harvested for 38 months after
any land application of residuals if the residuals remain on the land surface for less than four months
prior to incorporation into the soil; and
£ Turf grown on land where residuals are applied shall not be harvested for one calendar year after
any land application of residuals.
[15A NCAC 02T .1109(a)(3)]
13. 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 (MRCS) 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. [15A NCAC 02T .0108(b)(1)(A), 02T .1104(c)(3)]
14. Class B residuals shall not be land applied to the fields listed in Attachment B unless the Landowner
Agreement between the Permittee and the respective field owners or lessees/operators of the land
application site is valid. The Landowner Agreements shall expire concurrent with the permit expiration
date of March 31, 2026. [ 15A NCAC 02T .1104(c)(4)]
WQ0011413 Version 4.0 Shell Version 190710 Page 8 of 12
IV. MONITORING AND REPORTING REQUIREMENTS
The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
program's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. The residuals from each source generating facility shall be analyzed at the frequency specified in
Attachment A, and the Permittee shall maintain the results for a minimum of five years. Each 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)
[15A NCAC 02T .1101]
3. Residuals shall be monitored for compliance with pathogen and vector attraction reduction
requirements at the frequency specified in Attachment A. The monitoring results shall specify the
stabilization process utilized, and demonstrate compliance with the Class B pathogen reduction
requirements in 15A NCAC 02T .1106(b), and one vector attraction reduction requirement in 15A
NCAC 02T .1107(a) shall be met. Any exemptions from the requirements in this condition shall be
specified in Attachment A. [15A NCAC 02T .1106(b), 02T .1107(a), 02T .1111(c)]
4. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each land application site listed in Attachment B that received residuals during the calendar year. This
analysis shall be in accordance with the soil sampling guidance located in the Sampling Instructions
section of the NC Department of Agriculture & Consumer Services' website
(http://www.ncagr.gov/agronomi/pubs.httn). The Permittee shall maintain these results for a period of
no less than five years, and these results shall be made available to the Division upon request. Each
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
[15A NCAC 02T .0108(c), 15A NCAC 02T. 111 l(d)]
5. Representative samples of residuals that are prepared for land application shall be collected and
analyzed. [ 15A NCAC 02T .1111(a)]
WQ0011413 Version 4.0 Shell Version 190710 Page 9 of 12
6. The Permittee shall maintain records for all residual land application events. These records shall
include the following:
a. Residuals source (as listed in Attachment A);
b. Date of application;
c. Location of land application (field name as listed in Attachment B);
d. Approximate acreage applied;
e. Method of application;
f. Weather conditions;
g. Dominant soil series;
h. Soil conditions;
i. Proposed crop;
j. Nitrogen Application Rate based on RYES;
k. Volume of residuals applied per acre in gallons, cubic yards, dry tons, or wet tons;
1. Volume of animal waste or other nutrient source applied per acre in gallons, cubic yards, dry tons,
or wet tons;
in. Volume of soil amendments applied per acre in gallons, cubic yards, dry tons, or wet tons; and
n. Annual and cumulative totals applied to each field for the following:
i. Class A and Class B residuals (dry tons per acre);
ii. Animal waste and other sources of nutrients (dry tons per acre);
iii. Heavy metals as specified in Condition II.5. (pounds per acre);
iv. Plant available nitrogen (pounds per acre); and
v. Phosphorus (pounds per acre).
[15A NCAC 02T .0108(c)]
7. One hard copy and one electronic copy of an annual report shall be submitted on or before March P".
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
h ://d .nc.gov/about/divisions/water-resources/water-resources- ermits/wastewater-branch/non-
dischar e- ermittinp--unit/re ortin -forms, or can be obtained by contacting the Non -Discharge Branch
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
[15A NCAC 02T .1 I I l(d)]
8. Noncompliance Notification
The Permittee shall report to the Raleigh Regional Office, telephone number (919) 791-4200, within
24 hours of first knowledge of the:
a. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate residual treatment.
b. Any failure resulting in a discharge to surface waters.
c. Any time self -monitoring indicates the program has gone out of compliance with its permit
limitations.
d. Land application of residuals abnormal in quantity or characteristic.
e. Any discharge from a vehicle or piping system transporting residuals.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All
noncompliance notifications shall file a written report to the Raleigh Regional Office within five days
of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure
the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
WQ0011413 Version 4.0 Shell Version 190710 Page 10 of 12
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the Permittee's
storage, distribution, and application facilities. [15A NCAC 02T .1110(Q
2. The Permittee shall inspect the Permittee's residuals processing, storage, transport, and application
facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges
of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain
an inspection log that includes the date and time of inspection, observations made, and 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.
[15A NCAC 02T .0108(b)(1)(A), 02T .I 110(f)]
Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the land application sites or facilities permitted herein at any
reasonable time for determining compliance with this permit. Division authorized representatives may
inspect or copy records maintained under the terms and conditions of this permit, and may collect
groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.l(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted residuals program change ownership, or the Permittee changes their name, the
Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall
comply with all terms and conditions of this permit until the permit is transferred to the successor -
owner. [G.S. 143-215.1(d3)]
WQ0011413 Version 4.0 Shell Version 190710 Page 11 of 12
6. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[ 15A NCAC 02T .0110]
7. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.613, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[ 15A NCAC 02T .0120(b), 02T .0120(d)]
8. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)]
Permit issued this the 91 day of January 2020
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
i
inda Culpepper, Director
ivision of Water Resources
By Authority of the Environmental Management mission
Permit Number WQ0011413
WQ0011413 Version 4.0 Shell Version 190710 Page 12 of 12
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