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HomeMy WebLinkAboutWQ0002376_NOD-2019-PC-0253 Response_20200113Public Works Department 11oo Vance St., Reidsville, NC 27320 Phone: 336.349.1070 • Fax:336.634.1738 January 9, 2020 Charles Smith Public Works Department Director City of Reidsville 230 West Morehead Street Reidsville, NC 27320 January 09, 2020 THE, CITY OF Reidsville NORTH CAROLINA CERTIFIED MAIL, RETURN RECEIPT REQUESTED NUMBER: 7018 1830 0001 5610 6203 Mr. Lon Snider Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ-WSRO 450 Hanes Mill Rd, Suite 300 Winston Salem, NC 27105 Re: Notice of Deficiency (NOD-2019-PC-0253) Compliance Evaluation Inspection City of Reidsville WWTP Land Application of Residual Solids (503) Permit No. WQ0002376 Rockingham County Dear Mr. Snider: NC Department of Environmental Quality Received JAN 13 2020 Winston-Salem Regional Office This letter is to respond to the Notice of Deficiency (NOD-2019-PC-0253) dated December 11, 2019, you sent to the City of Reidsville (the City) following a compliance evaluation inspection in regard to its Land Application Program. As we mentioned in our response to the Notice of Deficiency (NOD-2019-PC- 0210) of September 30, 2019, the City contracts with EMA Resources Inc. to manage its residuals land application program. That includes collecting and testing bio-solids, sampling, hauling and applying bio- solids on permitted agricultural lands, compiling the annual report, and completing and submitting the permit renewal application. Nevertheless, the City has reviewed the concerns raised in the Notice of Deficiency and is committed to addressing them. (Page 1 of 41 Public Works Department �,is�u�t;�lo • o: iuoo Vance St., Reidsville, NC 27320 Phone: 336.349•1070 • Fax:336.634.1738 Review of Deficiencies and Corrective Actions Failure to request renewal of the permit in accordance with Permit Condition I. (1) which states: No later than six months prior to the expiration of this permit, the permittee shall request renewal of this permit on official Division forms. The permit renewal application was completed and submitted on December 23, 2019. However, the City does not understand why this is a deficiency, while the Permit Condition I. (1) says: "No later than six months prior to the expiration of this permit". Indeed, the City of Reidsville Land Application Program permit expires on April 30, 2020. Needless to say, the City is still within the 6 months window period. Land application site RC0004-01 was visited, to review active application operations being conducted, during this inspection. Runoff of solids, from the permitted application area was observed. The runoff was traced to within 5-8 feet of the property boundary. Permit Condition II. (8) requires that a setback of 50 feet from property lines be maintained in accordance with 15A NCAC 02T .1108. Permit Condition III. (9) states: 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. [G.S. 143-215.1] According to EMA Resources Inc., the runoff of the bio-solids was contained by Boger Hartsell, EMA Resources Inc. Project Manager, as soon as he was informed. In addition, Boger dug a trench to halt any further spread of the bio-solids and applied calcium hydroxide (dry lime) to the area where the runoff occurred in the direction of Mr. Justin Henderson. That particular issue was addressed before Mr. Justin Henderson left the field. Failure to ensure the land —Owner Agreement attachment (LOAA) between the Permittee and landowner of land application sites were in full force and effect, and failure to request and obtain a permit modification to transfer the application site to new landowners. Application site RC0004-01, per information obtained from Rockingham County GIS & register of Deeds website has apparently changed ownership twice since the LOAA was last updated. Permit Condition III. 916) states: No residuals shall be land applied unless the LAOO is in full force and effect. The LOAA stipulates that the Permittee must request and obtain a permit modification from the Division prior to a transfer of the land application site(s) to a new landowner. Neither EMA Resources Inc. nor the City of Reidsville knew that the previous landowner, Mrs. Catherine Neal had passed away and the property had changed hands. EMA Resources Inc. signed a new landowner agreement on December 7, 2019, with the new owners, Mrs. Jennifer Johnson. Failure to submit payment of the annual fee ($1,310) within 30 days after being billed by the Division, in accordance with Permit Condition IV. (8). Payment of the current annual fee is overdue as of December 5, 2019. The City has not received the invoice for its Land Application Program. However, the City paid the fee online on December 13, 2019, after it was notified by EMA Resources Inc. about the payment's due date Page 2 of 41 Public Works Department iioo Vance St., Reidsville, NC 29320 \\.�\'Illy ��� • Phone: 336.349•1070 • Fax:336.634.1738 which was December 5, 2019, according to the Department of Environmental Quality website, https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wq-epayinents. A copy of the receipt is enclosed. Items of Concern and Corrective Actions There were multiple areas of residual ponding observed within the application area at the time of this inspection. The projected forecast for the day of this event was for rain later the same day and night, and again for the days following. Permit Condition III. (1) requires: 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. Permit Condition III. (11) (d) prohibits land application of bulk residuals if the land is flooded, snow-covered, or is otherwise in a condition such that runoff of residuals would occur. Failure to take weather forecasts into consideration prior to, during, and after planned application events may result in additional violations of runoff and/or discharge to surface waters. Per our conversation with EMA Resources Inc., although the bio-solids were thin in nature, there was no ponding in the field. The fields were dry enough to land apply and the bio-solids were being applied as lightly as possible. Also, EMA Resources Inc. said its Project Manager always checks weather conditions and looks at forecasts before applying sludge to land. A water supply well, not shown on the current application site map with appropriate buffer setback, was located at the time of this inspection. Prior to any future application events at application site RC0004-01, a permit modification along with an updated application map that includes this well with appropriate buffers, in accordance with Permit Condition II. (80) shall be requested and obtained from the Division. EMA Resources Inc. updated the site RC0004-01 map and included the well along with the buffer zone. However, the initial DWR inspection and the subsequent inspections at that site (RC0004-01) had never evoked this concern. During this inspection, it was noted that not all of the permitted application acreage for site RC0004-01 was planned to receive the application of residuals as part of this event. Therefore, to accurately report application rates in accordance with permit condition IV. (7), the total acreage utilized for this event must be determined to allow for accurate reporting of application rates. EMA Resources Inc. has updated the application logs with the area for this application and they will be submitted along with the annual report. JPage 3 of 41 Public Works Department uoo Vance St., Reidsville, NC 27320 Phone: 336.349•1070 • Fax:336.634.1738 r 'y f873 :� ` • � � The City understands the magnitude of the deficiencies and concerns aforementioned as well as their implications on its land application program. In doing so, the City has asked EMA Resources Inc. to do its diligence in order to comply with all rules and laws that govern the Land Application of Residual Solids and satisfy the requirements specified in the permit. Please do not hesitate to contact me at 336 349 1070 or at csmith@reidsvillenc.gov if additional information is needed. Sincerely, (�T" Charles Smith, Public Works Director City of Reidsville C: Ben Bani, WWTP Superintendent City of Reidsville Brent Collins, Technical Services Director/ORC of EMA Resources Inc. Page 4 of 41 Thank you for your recent payment to NC DEQ Water Quality Permitting. Payment Application: NC DEQ Water Quality ePayment Payment Status: Payment completed successfully. Confirmation Number: 19121358067901 Payment Date: 12/13/2019 Billing Address: City of Reidsville 230 West Morehead Street Reidsville, NC 27320 3363491102 Card Type: VISA Card Number: x2415 Payment Amount: 13 10. 00 USD Convenience Fee: 34.72 USD Total Amount: 1344.72 USD Reference Information: 2019PR0I0829,WQ0002376,City of Reidsville Residuals Land Application Program,City of Reidsville,$1310.00 DO NOT REPLY DIRECTLY TO THIS EMAIL. 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