HomeMy WebLinkAboutNC0003344_Permit Modification20091016_20091016NPDE:i DOCYNENT SCANNINO COVER SHEET
NPDES Permit:
NC0003344
House of Raeford / Wallace Division
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Rescission
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
October 16, 2009
This 3ociirnent is printed on reuse paper -ignore any
content on the reverse side
Aid,_ w
NCDENR
North Carolina Department of Environment and Natural Resources
Dee Freeman
Division of Water Quality Secretary
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 16, 2009
Mr. Robert C. Johnson, II, Plant Manager
House of Raeford Farms, h1c.
P.O. Box 669
Wallace, North Carolina 28466
Subject: Modification to Correct Permit Errors
NPDES Permit NC0003344
House of Raeford Farms
Wallace Division WWTP
Duplin County
Dear Mr. Johnson:
The Division of Water Quality (the Division) recently noted errors in your active NPDES permit. We have
therefore generated a revised permit limits page (see attached), and modified your active permit.
Please place the attached pages in your active permit and discard the old pages.
We have corrected permit limits for ammonia nitrogen (NH3 as N), Total Suspended Solids (TSS), and Oil &
Grease to reflect the currently permitted Phase I flow of 0.900 MGD [permit section A. (L)]. While other
parameters were recalculated for 0.900 MGD during the last renewal, these three parameters were inadvertently
left unchanged in Table A. (1.). We regret any inconvenience these errors may have caused. We have also
updated the Table A. (1.) footnote for Total Residual Chlorine (TRC) to better reflect current statewide
permitting guidance.
Because this modified permit is less stringent than your active permit, we submitted it for Public Notice to
newspapers in the general Duplin County area, as required by the NPDES Program. No comments were received.
This permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1
and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency
dated May 9, 1994 (or as subsequently amended). If you have questions, please contact Joe Corporon at
[Joe.Corporon(d)ncdenr.goy] or call 919-807-6394.
Respectfully,
Coleen H. Sullins
`7 v�
Enclosure: NPDES Permit NC0003344 -Change Page, Modification to Correct Limits
cc: Wilmington Regional Office, Surface Water Protection Section
NPDES Program Files
Central Files
TACU, Ann James Pugh
Aquatic Toxicology Unit
EPA Region 4
1617 Mail Service Center, Ralegh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Ralegh, North Carolina 27604 - One
Phone: 919-807-6300 1 FAX: 919-807-6492 1 Customer Service: "77-6235748 NorthCarolina
AnMemel www.ncwatealualbveAg Naturally
Equal OppoMnity t Affirtnadve Action Emyoyer
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Permit NCO003344
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Beginning on the effective date of this permit and lasting until receipt of approval to discharge at or above
0.900 MGD, or until permit expiration, the Permittee is authorized to discharge treated wastewater from
Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT .
CHARACTERISTICS
EFFLUENT LIMITATIONS;.
'
MONITORING.REQUIREMENTS
Monthly
Average
Daily
-Maximum =
.Weekly
Average
Measuremen
Frequency
, Sample
Type
Sample
`.Location
Flow
0.900 MGD
Continuous
Recording
Influent or
Effluent
BOD, 5-day, 20°C
(April 1- October 31)
5 mg/L
10 mg/L
3/Week
Composite
Effluent
BOD, 5-day, 20°C
(Nov 1 - March 31)
10 mg/L
20 mg/L
3/Week
Composite
Effluent
Total Suspended Solids
18.6 mg/L
37.3 mg/L
3/Week
Composite
Effluent
NH3 as N
(April 1- October 31)
1.7 mg/L
3.3 mg/L
3/Week
Composite
Effluent
NH3 as N
(Nov 1 - March 31)
3.3 mg/L
6.7 mg/L
3/Week
Composite
Effluent
Fecal Coliform
(geometric mean)
200 / 100 ml
400 / 100 ml
3/Week
Grab
Effluent
Oil and Grease
5.6 m
11.2 mg/L
3/Week
Grab
Effluent
pH I3/Week
Grab
Effluent
Dissolved Oxygen
3/Week
Grab
Effluent
Temperature °C
3/Week
Grab
Effluent
Total Residual Chlorine
28 µg/L
3/Week
Grab
Effluent
Total Nitrogen
(NOS+NO3+TKN)
103 mg/L
147 mg/L
i
3/Week
Composite
Effluent
Total Phosphorus
1/Month
Composite
Effluent
Total Mercury
27 ng/L
1/Week
Grab
Effluent
Total Cadmium
15 µg/L
4.5 µg/L
1/Month
Composite
Effluent
Chloride
1/Month
Composite
Effluent
Total Zinc
1/Month
Composite
Effluent
Total Copper
1/Month
Composite
Effluent
Chronic Toxicity
1/Quarter
Composite
Effluent
Footnotes:
1. pH shall not fall below 6.0 nor exceed 9.0 standard units.
2. The daily effluent dissolved oxygen concentration shall not fall below 5.0 mg/L.
3. Total Residual Chlorine monitoring and limit apply only if chlorine is added to the treatment system.
4. Total Nitrogen (TN) = NO2-N + NO3-N + TKN, where TKN = Total Kjeldahl Nitrogen, NO3-N =
Nitrate, and NO2-N = Nitrite.
5. Compliance with mercury limit and monitoring shall conform to "clean" sample and analytical
techniques specified in test method EPA 1631E.
6. Cadmium — Upon written notification, the Division.may delete effluent limitations and monitoring
conditions only if the Permittee provides updated effluent data that show no reasonable potential to
exceed the cadmium water -quality stream standard.
7. Chronic Toxicity (Ceriodaphnia) at 57 %; March, June, September and December; refer to Special
Condition A. (4).
See Section A. (3.) for Instream Monitoring Requirements.
See Section A. (5.) and A. (6.) for additional Special Conditions.
The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
Permit NC0003344
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Beginning with the Division's approval to discharge at or above 0.900 MGD, and fasting until expiration, the
Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and
monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS.
EFFLUENT LIMITATIONS , F
;MONITORING REQUIREMENTS :..
Morithl
Average
Daily
y ,
-Maximum
Weekly
` Average `
Measuremen
: Frequency
Sample ;
Type
.Sample
Location
Flow
BOD, 5-day, 20°C
(April 1- October 31)
1.5 MGD
3 mg/L
6 mg/L
Continuous
3/Week
Recording
Composite
Influent or
Effluent
Effluent
BOD, 5-day, 20°C
(Nov I - March 31)
6 mg/L
12 mg/L
3/Week
Composite
Effluent
Total Suspended Solids
11.2 mg/L
22.4 mg/L
3/Week
Composite
Effluent
NH3 as N
(April 1- October 31)
1 mg/L
2 mg/L
3/Week
Composite
Effluent
NH3 as N
(Nov 1- March 31)
2 mg/L
4 mg/L
3/Week
Composite
Effluent
Fecal Coliform
(geometric mean)
200 / 100 ml
400 / 100 ml
3/Week
Grab
Effluent
Oil and Grease
3.35 m
6.7 m
3/Week
Grab
Effluent
PH I A
3/Week
Grab
Effluent
Dissolved Oxygen
3/Week
Grab
Effluent
Temperature °C
3/Week
Grab
Effluent
Total Residual Chlorine
17 µg/L
3/Week
Grab
Effluent
Total Nitrogen
(NO2+NO3+TKN)
103 mg/L
147 mg/L
3/Week
Composite
Effluent
Total Phosphorus
1/Month
Composite
Effluent
Total Mercury
21 ng/L
1/Week
Grab
Effluent
Total Cadmium
15 µg/L
3.5 µg/L
1/Month
Composite
Effluent
Chloride,
1/Month
Composite
Effluent
Total Zinc
1/Month
Composite
Effluent
Total Copper
1/1\4onth
Composite
Effluent
Chronic Toxicity
1/Quarter
Composite
Effluent
1. pH shall not fall below 6.0 nor exceed 9.0 standard units.
2. The daily effluent dissolved oxygen concentration shall not fall below 5.0 mg/L.
3. Total Residual Chlorine monitoring and limit apply only if chlorine is added to the treatment system.
4. Total Nitrogen (TN) = NO2-N + NO3-N + TKN, where TKN = Total Kjeldahl Nitrogen, NO3-N =
Nitrate, and NO2-N = Nitrite.
5. Compliance with mercury limit and monitoring shall conform to "clean" sample and analytical
techniques specified in test method EPA 1631E.
6. Cadmium — Upon written notification, the Division may delete effluent limitations and monitoring
conditions only if the Permittee provides updated effluent data that show no reasonable potential to
exceed the cadmium water -quality stream standard.
7. Chronic Toxicity (Ceriodaphnia) at 57 %; March, June, September and December; refer to Special
Condition A. (4).
See Section A. (3.) for Instream Monitoring Requirements.
See Section A. (5.) and A. (6.) for additional Special Conditions.
The-Permittee shall discharge no floating solids or foam visible in other than trace amounts.
NCDEr- NR
North Carolina Department of Environment and Natural Resources
Division of Water Quality Dee Freeman
Beverly Eaves Perdue Coleen H. Sullins Secretary
Governor Director
August 24, 2009
Mr. Robert C. Johnson, II, Plant Manager
House of Raeford Farms, Inc.
P.O. Box 669
Wallace, North Carolina 28466
Subject: Modification to Correct Permit Errors
NPDES Permit NCO003344
/ House of Raeford Farms
Wallace Division WWTP
Duplin County
Dear Mr. Johnson:
The Division of Water Quality (the Division) recently noted errors in your active NPDES permit. We have
therefore generated a revised permit -limits page (see attached Table A. (1.), and intend to modify your active
permit.
We have corrected the permit limits for ammonia nitrogen (NH3 as N), Total Suspended Solids (TSS), and Oil &
Grease to reflect the currently permitted Phase I flow of 0.900 MGD. While other parameters were recalculated
during the last renewal for 0.900 MGD, these three parameters were inadvertently left unchanged in Table A.(1.).
Please note that we have also updated the table footnote for Total Residual Chlorine (TRC) to better reflect
current statewide permitting guidance. We regret any inconvenience these errors may have caused.
Because this modified permit is less stringent than your active permit, we must submit a Public Notice to
newspapers in the general Duplin County area, in compliance with the NPDES Program. If you wish to respond to
the changes proposed by this modification, please submit written comments within 30 days of receiving this
letter. If, in the Director's judgment, the Division receives no significant public comments on this modification,
we will issue final documents after approximately 45 days. If you have questions, please contact Joe Corporon at
rJoe.CgMoroniahtcdenr.eovl or call919-807-6394.
Joe R.
Enclosure: Modification change -page to
cc: Central Files v
Wilmington Regional Office, Surface Water Protection Section
NPDES Program Files
Aquatic Toxicology Unit
EPA Region 4
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919-807-63001 FAX: 919A07-64921 Customer Service: "77-623.6748
Internet w ncwaterqualitymrg
An Equal Opportunity I Affirmative Action Employer
NorthCarolina
Naturally
r 1
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Beginning on the effective date of this permit and lasting until approval to discharge above-0.900 MGD, or until
permit expiration, the Permittee is authorized to discharge 4treated wastewater from Outfall 001. Such discharges
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aV
Influent or
Flow
0.900 MGD
Continuous
Recordin g
Effluent
BOD, 5-day, 20°C
5 mg/L
10 mg/L
3/Week
Composite
Effluent
(April 1-October 31)
BOD, 5-day, 20°C
10 mg/L
20 mg/L
3/Week
Cho ite
Effluent
(Nov 1 - March 31)
<
Total Suspended Solids
18.6 mg/L
37.3 mg/L
3/Wee
,Composik
Effluent
NH3 as N
1.7 mg/L
3.3 mg/L
31Wee
Composite
mP
Effluent
(April 1- October 31)
NH3 as N
3.3 mg/L
6.7 mg/L
-
Co xposite �
lent
\�.. ,
(Nov 1 - March 31)
<
Fecal Coliform
200 / 100 ml
400 / 100 nil
3 e k
1�
Effluent
(geometric mean)
\
Oil and Grease
5.6 mg/L
11.2 mg/L
\
� eels
b
Effluent
pH
not < 6.0 nor > 9.0 s�nd \
34keek
GrW
Effluent
Dissolved Oxygen A
< \
37We
Grab
Effluent
Temperature °C
\
3/Wee
Grab
Effluent
Total Residual Chlorine
28 µg/L
eek
Grab
Effluent
Total Nitrogen
103 m
147 mg/L
3 eek
Composite
Eftli cnt
(NO2+NO3+TW
Total Phosphorus
'
�` \
/ 1/Month
Composite
Effluent
Total Mercury 4�"\
\
\
27 ng)V/
1/Week
Grab
Effluent
Total Cadmium
\ 15 11Wk
4.5 µg/L
1/Month
Composite
Effluent
Chloride
\\ , \
l/Month
Composite
Effluent
Total Zinc \
\
\ \\
1/Month
Composite
Effluent
,
Total Copper
1/Month
Composite
Effluent
Chronic Toxicity
\ \
1/Quarter
Composite
Effluent
Footnotes:
1. Effluent dissolve a nc tion shall not fall below 5.0 mg/L.
2. Total Residual Ch We ( ) nitoring applies only if chlorine is used. The Pernuttee shall report all values
analyzed by a North % ' rtified lab methods. However, due to difficulties quantifying TRC in a wastewater
matrix, the Division will ider all values reported below 50 µg/L to be compliant with this permit.
3. Total Nitrogen (TN) = NO2 N + NO3-N + TKN, where TKN = Total Kjeldahl Nitrogen, NO3 N = Nitrate, and NO2-
N = Nitrite.
4. Compliance with mercury limit and monitoring shall conform to "clean" sample and analytical techniques specified in
test method EPA 1631E.
5. Cadmium — Upon written notification, the Division may delete effluent limitations and monitoring conditions only if
the Permittee provides updated effluent data that show no reasonable potential to exceed the cadmium water -quality
stream standard.
6. Chronic Toxicity (Ceriodaphnia) at 57 %; March, June, September and December; refer to Special Condition A. (4).
See Section A. (3.) for Instream Monitoring Requirements.
See Section A. (5.) and A. (6.) for additional Special Conditions.
The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
RCDENR
North Carolina Department of Environment and Natural Resources
Dee Freeman
Division of Water Quality Secretary
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 1, 2009
Joe's Summary of Renewal 2007 - NC00003344
Summary of Permit Renewal 2007 — During the previous permit cycle, the EPA promulgated new regulations
(September 2004?) for poultry. Therefore, at renewal (June 2007) HORF became subject to §40 CFR 432.120,
and considering production (finished product net weight exceeding 7 million lbs/month), this facility is further
subject to Subpart L, Poultry, Further Processing, Sections 432.122 (BPT) and 432.123 (BAT). These
regulations call for permit parameter limits expressed in concentrations (mg/L) instead of mass (lbs/day), thus for
renewal the Division translated previous -permit mass limits into equivalent concentrations. Because HORF
discharges to an impaired stream (see 303d list), the Division imposed stricter water -quality based limits
whenever necessary (based on modeling) to protect the receiving stream.
Comments on the Draft Permit — HORF's written comments on the draft permit (April 26, 2007) requested the
Division to recalculate draft permit limits based on "actual flow" instead of the permitted maximum flow (1.5
MGD). Raeford specifically requested BOD-5 day permit limits not -to -exceed 5 mg/L (summer) and 10 mg/L
(winter), and HORF supplied flow -rate monthly averages for 2006 and 2007 in support of this request.
The Division advised HORF that the NPDES Program may not base parameter limits on "actual flow," but the - :
Division could calculate less stringent parameter limits if HORF would agree to comply with a lower permitted
flow maximum. HORF agreed and, based on this final target of 5 mg/L (summer) and 10 mg/L (winter) BOB-
5day, the Division revised the draft permit to the corresponding Monthly Average maximum to 0.900 MGD. The
Division then recalculated other effluent parameter limits based on 0.900 MGD.
Limits Recalculation — Unfortunately, when preparing the revised limits page, the Division failed to recalculate
new limits for three parameters at the new flow of 0.900 MGD - Total Suspended Solids (TSS), ammonia (NH3 as
N), and Oil & Grease. Note that these are the only limits to be corrected by permit modification and the only
limits at issue as "incorrect' with regard to civil penalty assessments.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: 919-807-63001 FAX: 919-807-64921 Customer Service:1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.arg Naturallay
An Equal Opportunity , Affirmative Action Employer
Fact Sheet Addendum
for NPDES Permit Development
June 8, 2007
Joe Corporon, L.G.
NPDES Program
FOR: House of Raeford Farms; Inc.
House of Raeford WWTP — Wallace Division
NPDES Permit NC0003344
After reviewing the Permittee's comments on the draft permit (April 26, 2007), the
Division understands that the Permittee intends to conserve/recycle process water and
will therefore have difficulties complying with stringent BOD limits newly translated
from lbs/day to mg/L. They offer their expectation to comply with BOD limits of 5.0
mg/L (Monthly Average) and 10.0 mg/L Daily Maximum) considering lower flows. The
Permittee supplied flow data (1" and 2nd quarter 2007) indicating an average flow of
0.628 MGD with a max of 0.865 MGD for this time period. Raeford also stated that they
have no plans to expand production during this permit cycle (Robert C. Johnson II, Plant
Manager, personal communication with Joe Corporon 08Jun07).
The Division reviewed current compliance at permitted flow of 1.5 MGD with Marshall
Hyatt (EPA Region 4) who recommended that we tier or "phase" this permit based on
flow, to encourage compliance, and to applaud the Permittee's efforts to recycle and
conserve process wastewater.
The Division recalculated permit limits based on 0.900 MGD. These indicate summer
BOD limits of 5.0 mg/L (Monthly Average) and 10.0 mg/L (Daily Max.). Winter BOD =
10.0 mg/L and 20.0 mg/L, respectively. These BOD concentrations are coincidently
equal to those requested by the Permittee. Similarly, water -quality based limits for
toxicants were recalculated based on a reduced flow limit of 0.900 MGD. This resulted in
the Total Cadmium limit increasing from 3.5 ug/L to 4.5 ug/L (Weekly Average) and
Total Mercury limit increasing from 21 ng/L to 27 ng/L (Weekly Average) at 0.900
MGD.
Based on the above, the Division will revise and redraft this permit in phases: Phase I,
based on 0.900 MGD [see Permit Section A. (1.)]; and Phase II based on 1.5 MGD [see
Permit Section A. (2.)]. An explanation will be added to the Final Permit cover letter.
Because this revised draft permit is no less stringent than the previous, additional Public
Notice is not required.
DENR / DWQ / NPDES Program
FACT SHEET
For NPDES Permit NC0003344
Renewal History. House of Raeford Farms, Inc. (herein referred to House of Raeford or the Permittee)
has requested renewal of this permit. Since last renewal, this facility has changed owners twice. Previous
Permittee, Swift-Eckrich, Inc., sold to Circle S Foods, Inc. (change of ownership acknowledged by the
Division on May 27, 2003) who, in turn, sold to House of Raeford Farms, Inc. (change of ownership
acknowledged May 18, 2005). House of Raeford initiated extensive slaughterhouse renovations to convert
previous turkey processing into a new, chicken -processing facility.
Production. This facility slaughters large live chickens (aver. 8 pounds), de -bones them, and packages
them fresh: The Permittee informed the Division that they intend to maintain two, 8-hour slaughter shifts
and one clean-up shift per 24-hour cycle, as permitted under federal guidelines, and have submitted
production data in support of this schedule commencing approximately in July through December 2006. For
this 6-month period, the Permittee's live weight killed (LWK) averaged 14,707,302 pounds per month
resulting in an average 12,656,978 pounds per month of finished product (processed pounds).
Permitting Issues. The Division has applied newly finalized Federal Effluent Guidelines §40 CFR
432.120, and considering production, Subpart L, Poultry Further Processing. This facility generates
finished product (net weight) exceeding 7 million lbs/month, and is therefore father subject to Sections
432.122 (BPT) and 432.123 (BAT). For renewal changes, see Summary of Proposed Permit Modifications.
Table 1
Facility Information
Applicant/Facility Name
House of Raeford Farms, Inc. / House of Raeford, Wallace Division
Applicant Address
P.O. Box 669, Wallace North Carolina 28466
Facility Address
253 Butterball Road, Teachey, North Carolina 28464
Permitted Flow (MGD)
1.5
Type of Waste
Industrial (chicken processing), domestic, stormwater
Facility Grade
Grade III activate sludge
County
Duplin
Facility Status
Renewal
Regional Office
I Wilmington
Discharge Characteristics
Receiving Stream
Rock Fish Creek
Drainage basin
Cape Fear
Stream Classification
C-Swamp
Subbasin
03-06-22
Drainage Area (sq. mi.)
68
USGS Quad / State Grid
Rose Hill / H26SE
Summer 7Q10 (cfs)
1.77
303(d) Listed
Yes (habitat deg.)
Winter 7Q10 (cfs)
6.73
Lat. 350 45' 07" N Long. 78° 03' 04" W
30Q2(cfs)7.15
Average Flow (cfs)
Aver
95
95
IWC (%)
57
State Grid
H 26 SE
USGS Topo Quad
Rose Hill, NC
Fact Sheet
Renewal -- NPDES Permit NC0003344
Page 1
Facility Description. Process wastewater is prescreened before transfer to the wastewater treatment
system. Waste flow passes through a feather and offal flume, and is screened to recover feathers, meat,
and bones for sale to an off -site renderer (Carolina By Products). Screened water passes to a newly
installed dissolved air floatation (DAF) unit (1000 gpm capacity). Treatment at the DAF includes surface
skimming for light solids, pH adjustments (both acid and base), and polymers injected to increase grease
and BOD removal.
Wastewater Treatment System Summary:
• pretreatment flumes and screening for solids removal and reclamation
• dissolved air floatation (DAF) unit (1000 gpm capacity)
• a 1.27 million -gallon anaerobic equalization basin
• two aeration basins (633,500 gallons each)
• two clarifiers
• a dissolved air flotation system
• two tertiary filters
• UV disinfection
• emergency holding pond
• two sludge digesters
Domestic wastewater drains to the aeration basin. Stormwater from the loading areas is also routed to the
aeration basin. Excess stormwater in other areas is directed to the emergency holding pond. The
emergency holding pond is pumped to the anaerobic equalization basin for treatment. Off -quality effluent
is pumped to the emergency holding pond.
Waste Load Allocation (WLA). The Division completed the last WLA in 1996. BOD and ammonia are
water -quality limited. Oil and grease and TSS limits were developed based on BPJ. The Division will -
revise these based on new federal regulations (see Summary of Proposed Permit Modifications).
Cape Fear River Basin Plan and the 303 (d) List of Impaired Waters. Rockfish Creek is listed as
impaired from House of Raeford's discharge downstream to Little Rockfish Creek (8.9 miles) because of
instream habitat degradation and sediment, based on biological data. Restoration priority is considered
"low." Causes are listed as major industrial point source and habitat modification.
COMPLIANCE REVIEW
Notices of Violation (NOVs). House of Raeford received four NOVs for exceeding cadmium limits
(Daily Maximums and Weekly Averages) in February and March of 2006 (see RPA regarding cadmium).
The Permittee exceeded ammonia Daily Maximum limits three times in September and October 2006.
The Permittee also received minor monitoring -frequency NOVs for cyanide, silver, and chloride (see
compliance data, Appendix A).
DMR Data Review. Considering the facility change of ownership and the startup of new facilities,
the Division reviewed data- from January 2005 through December 2006. Flow and production
calculations considered only the latest six months of data (July through December 2006) because this
period reflects the Permittee's addition of two work shifts per day, their intended schedule for the
future. Actual discharge flow for this time period averaged 0.849 MGD, based on daily numbers.
Fact Sheet
Permit Renewal -- NPDES NC0003344
Page 2
M
Whole Effluent Tonicity (WET) Test. The. Division requires a quarterly WET test for chronic toxicity
pass/fail using ceriodaphnia dubia at an effluent concentration of 57%. Toxicity records indicate "pass"
for the 8 calendar quarters since the onset of new processes (January 2005 through December 2007).
Instream Data Review. This facility discharges to Rock Fish Creek [segment 18-74-25 (b)]. During
low -flow summer months, the Permittee samples 3/week, upstream and downstream of its outfall.
Summer data show dissolved oxygen (DO) below 5.0 mg/L, however the upstream station consistently
shows DO levels lower than the downstream station suggesting that this discharge may likely improve
natural DO. Local DO values below 5 mg/L probably reflect natural conditions in streams classified C-
Swamp. The Cape Fear Monitoring Coalition samples Rock Fish Creek further downstream. Data show
DO values above 5 mg/l for winter months 2005, but summer DO dropped below 4.0 mg/L in May and
did not recover until late November. Because this is an impaired stream based on habitat degradation
[state 303d list], the Division recommends no changes in stream monitoring.
EVALUATION OF PERMIT LIMITS AND MONITORING CONDITIONS
Previous Cycle Permit Limits and Monitoring. For renewal, the Division will convert previous -cycle
permit limits in pounds per day (lbs/d) to milligrams per liter (Table 2) to be consistent with new Federal
Guidelines §40 CFR 432:122 and §40 CFR 432.123 (both apply). Water -quality based limits reflect
receiving stream Level B modeling (1991).
Table 7 Limitc — rnnverted frnm Pnninds Per Dav to Milliurams Per Liter
r . .'YeFious ermt, _ _
�.._
Waterr
y� Based Zimits
- mass limits !
' i n n { �based`
;m`o(
Parameter
f Monthly
Daily
Monthly
Daily
Average
Maximum
Avera e,
Maximum ,
Flow calc
1.5 MGD
BODS
37.5 lbs/d
75 lbs/d
3 mg/L
6 mg/L
summer
BOD5
75 lbs/d
150 lbs/d
6 mg/L
12 mg/L
winter
NH3N
12.5 lbs/d
25 lbs/d
1 mg/L
2 mg/L
summer
NH3N
25.0 lbs/d
50.0 lbs/d
2 mg/L
4 mg/L
winter
DO
—
5.0 m
TSS *
140 lbs/d
280 lbs/d
11.2 m
22.4 mg/L
Oil and
42 lbs/d
84 lbs/d
3.35 mg/L
6.7 mg/L
Grease
* No standard - Best Professional Judgment (13YJ)
Fact Shcet
Permit Renewal -- NPQES NC0003344
Page 3
Finally, the Division compared §40 CFR Guideline limits to previous water -quality based limits to
evaluate the more stringent limit (Table 3). As illustrated in Table 3, water -quality based limits are the
more stringent and will be applied to the permit with the addition of §40 CFR guideline limits for Total
Nitrogen (TN).
Table 3 Previous Limits vs. &40CFR Limits — More Stringent?
Pireiousi �1mtiivalents ,
Tmmits� IProp�osed
w roncex�traons bayed on Level B`modL1_in�
Parameter
Monthly
Daily "
1Vlohthly
Daily
More
Average
g
Maximum,,,
_
Avera a
Maximumf
:Sringent?
BODS
3 mg/L
6 mg/L
16 mg/L
26 mg/L
No
summer
BODS
6 mg/L
12 mg/L
No
winter
N113N
1 mg/L
2 mg/L
4.0 mg/L
8.0 mg/L
No
summer
NHt
2 mg/L
4 mg/L
No
wintee r
DO
5.0 m
No
TSS
11.2 mg/L
22.4 m
20 mg/L
30 mg/L
No
Fecal
Coliform
200/100 ml
400/100 ml
400/100 ml
No
Oil and
Grease
3.35 mg/L
6.7 mg/L
8.0 mg/L
14 mg/L
No
Total
Nitrogen
Not limited
Not limited
103 mg/L
147 mg/L
Yes
T
* no standard - Best Professional Judgment (BPJ)
Pollutants of Concern (POCs). To establish Pollutants of Concern (POCs), the Division reviewed
the permit application, discharge monitoring reports (May 2005 through December 2006), the Basin
Plan, and the state's Water Quality Assessment of Impacted Waters [303 (d) list, February 2003].
Previous monthly monitoring (no limits) included total nitrogen, total phosphorus, chloride, copper,
silver, chromium, cyanide, nickel, mercury, and zinc. Parameters monitored 3/Week without limits
included pH, dissolved oxygen, temperature, and Total Residual Chlorine.
Metals and Toxics Reasonable Potential Analysis (RPA) - Chronic and Acute Impacts. The
Division used the standard RPA to calculate a maximum predicted concentration for each POC. Each
maximum was then compared to its freshwater Chronic Standard. If the maximum predicted exceeded
its chronic standard, a Weekly Average limit was added to the permit (Table 4). Similarly, if by the
above method, a POC showed reasonable potential to exceed its Final Acute Value (%2 FAV), the
Division included a permit limit as a Daily Maximum to protect the receiving stream against acute
toxic affects (Table 5). Final limit changes to the previous permit are summarized below as
SUMMARY OF PROPOSED PERMIT MODIFICATIONS (Table 6).
Fact Shect
Permit Renewal -- NPDES NCO003344
Page 4
M
Table 4. House of Raeford - Chronic RPA Findings and Renewal Action
Parameter
�Samp�es,
Hits
1Vlaxmum;
AllovVable
RP*Gommentsil1
(n)°
(n)
Pred steed
Concentration=
yln -
- �tenewal Action:. F
Cadmium
24
2
253 µg/L
3.5 µg/L
Yes
No change to permit. Added
footnote allowing new RPA
see text Concerning Cadmium
Chloride
20
20
293 mg/L
405 mg/L
No
Delete from permit
Chromium
8
3
37.8
88.0 pgfL
No
Delete from permit
Copper
20
20
71 µg/L
12 µg/L
Yes
Action Level Standard — no
toxicity problem = no limit;
continue monitoring 1/Month
Cyanide
8
1
Not detected
5.0 µg/L
No
Delete from permit
> 10.0
per Cyanide Guidance.
Mercury.
8
7
6,660 ng/L
21 ng/L
Yes
Added Weekly Average limit of
21 ng/L; 1/Month monitoring
See text, ConcerningMerc
Nickel
8
2
127
155 pg&
No
De ete from permit
Silver
24
0
Not detected
0.106
Delete from permit
Zinc
24
24
467 µg/L
88 µg/L
Yes
Action Level Standard — no
toxicity problem = no limit;
continue monitoring 1/Month
*RP = data indicate "Reasonable Potential' to exceed instream Water Quality Standard.
Table 5. House of Raeford - Acute RPA Review Findings and Renewal Action
Parameter
Samples a
. Hits
Maximum,
% FAV /
€ .Rl�*
Comme>Eats/
Predicted
. .
,
`CMC
y/n
- Renevral Attioa_
Cadmium
No change to permit. Added
24
2
253 µg/L
15.0 µg/L
Yes
footnote allowing new RPA
see text Concerning Cadmium
Chloride
20
20
293 m
No acute limit
Chromium
8
3
37.8
1022 L
No
Delete from permit
Copper
Action Level Standard — no
20
20
71 µg/L
7.3 µg/L
Yes
toxicity problem = no limit;
continue monitoring 1/Month
Cyanide
8
1
5.0 µg/L
22 µg/L
NO
Delete from permit
> 10.0
(see Table 4)
Mercury
8
7
6,660 ng/L
No NC acute Standard
see Table 4
Nickel
8
2
127
261
No
Delete from permit
Silver
24
0
Not detected
1.23
—
Delete from permit
Zinc
Action Level Standard — no
24
24
467 µg/L
67 µg/L
Yes
toxicity problem = no limit;
continue monitoring 1/Month
*RP = data indicate "Reasonable Potential' to exceed instream Water Quality Standard.
Fact Sheet
Permit Renewal -- NPDFS NCO003344
Page 5
Concerning Cadmium -- The previous permit included cadmium limits, both Daily Maximum (15
ug/L) and Weekly Average (3.5 ug/L). These limits were based on reasonable potential to exceed water
quality standards. Since Raeford Farms startup (February 2005), cadmium was detected only twice
during February (17 µg/L) and March (36 µg fl of 2006 but in excess of permit limits. The Permittee
explained on DMRs that these relatively high cadmium levels coincide with February/March plant
renovations to upgrade inferior process vessels and potable water lines to stainless steel. While
circumstances appear coincident, Raeford Farms has provided no information indicating a plausible
source for elevated cadmium.
Cadmium was limited in the previous permit indicating preexisting reasonable potential. Although
cadmium since May 2005 was not detected before or after renovation events, it is the Division's best
professional judgment that the existing database is insufficient to warrant removing preexisting cadmium
limits at this time. However, a footnote to the effluent page provides Raeford Farms the option to submit
additional monthly analyses, and should data warrant, petition the Division to review cadmium limits
and monitoring conditions without reopening this permit [see footnote, Section A. (1.).].
Concerning Mercury. The previous permit requires mercury EPA Method 1631E (to be reported in
ng/L) to commence on September 1, 2003. Data reported to date by House of Raeford (commencing
January 2005) do not reflect this test method. A note will be added to the cover letter and the Division
will consider a Notice of Violation for failure to comply with this requirement. Moreover, data
reported in µg/L indicate the presence of mercury (7 hits in 8 quarterly samples) suggesting
reasonable potential to exceed water quality standards. Therefore, the Division will add a permit
limit for mercury of 21 ng/L, and the monitoring frequency will be increased to 1/Month. -
SUMMARY OF PROPOSED PERMIT MODIFICATIONS
Lower Cape Fear Permitting Strategy. This permit renewal considered limits, monitoring,
and permit Special Conditions proposed in the SUPPLEMENT TO NPDES PERMITTING
STRATEGIES — REVISED, CAPE FEAR RIVER BASIN, 2006 PERMIT RENEWALS (SEPTEMBER 25,
2006). Specifically, the Division has added a special re -opener special condition to revise this
permit, as warranted, considering the results of ongoing TMDL evaluation of dissolved
oxygen (DO) the Lower Cape Fear River.
Effluent Monitoring Summary
Table 6. Permit Renewal -- Recommended Changes / Additions and Deletions
Parameter
Cadmium
RP*'
Comments Renewal Action
Yes
Permittee may submit additional data after one year and request review, as warranted.
Chloride
No
Deleted monitoring
Chromium
No
Deleted monitoring
Copl2er
Yes
Action Level Standard, no TOX problem therefore no limit; continue monitorin 1/Month
Cyanide
No
Deleted monitoring
Mercury
Yes
Add permit limit of 21 n EPA Method 1631E required); increased monitoring 1/Month
Nickel
No
Deleted monitoring
Silver
—
Not detected - deleted monitoring
Zinc
Yes
Action Level Standard, no TOX problem therefore no limit; continue monitoring 1/Month
Total Nitrogen
02+NO3+T
Added TN limits (103 mg/L,147 mg/L) newly required by 40 CFR 432.123 (BAT)
*RP = data indicate "Reasonable Potential" to exceed parameter -specific instream Water Quality Standard.
Fact Sheet
Permit Renewal -- NPDES NCO003344
Page 6
Instream Monitoring Summary
Previous Requirements:
Renewal:
Conductivity
Fecal Coliform
Dissolved Oxygen (DO)
Temperature
Because this facility discharges to an impaired stream, no
changes recommended.
PROPOSED SCHEDULE OF ISSUANCE
Draft Permit to Public Notice:
Permit Scheduled to Issue:
March 28, 2007
May 21, 2007
NPDES UNIT CONTACT
If -you have questions regarding any of "the* above- information or on the attached permit, please
contact Joe Corporon at (919) 733-5083 ext. 597.
NAME: DATE:
Regional Office Comments
NAME:
DATE:
REGION SUPERVISOR: DATE:
NPDES SUPERVISOR:
DATE:
Fact Shect
Permit Renewal -- NPDES NCO003344
Page 7
K
APPENDIX A — HOUSE OF RAEFORD FARMS COMPLIANCE HISTORY -- JAN 2005 THRU DEC 2006
pu
E OLA'OTf
QT CY
a . OF
lIlYIIT"BD
�GM'
-Ir
(}3ITION
Nitrogen, Nitrate
otal as
03/31/05
3 X year
mg/l
10.
14.2
Limit Exceeded
Limit error.
No Action, BPJ
Ph, lab
03/31 /05
3 X year
su
Parameter Missing
No Action, BPJ
08/31 /05
Late/Missing
No Action, BPJ
GW-59
Nitrogen, Nitrate
Total as N
11/30/05
3 X year
mg/l
10.
10.7
Limit Exceeded
Limit error.
No Action, BPJ
12/31/05
Late/Miss
No Action, BPJ
GW-59
Chloride (as Cl)
12/31/05
Monthly
mg/l
Frequency Violation
Proceed to NOV
Cadmium, Total
02/08/06
Monthly
µ/L
15.
17.
Daily Maximum
Proceed to NOV
as Cd
.
Exceeded
Cadmium, Total
02/11/06 .
Monthly
µ/L
3.5
17.
Weekly Average
Proceed to NOV
as Cd
Exceeded
Cadmium, Total
03/15/06.
" Monthly
µ/L
15.
36.
Daily Maximum
Proceed to NOV
as Cd
Exceeded
Cadmium, Total
03/18/06
Monthly
µ/L
3.5
36.
Weekly Average
proceed to NOV
as Cd
Exceeded
Cyanide, Total
as Cn
: 06/30/06
Quarterly
mg/l
Frequency Violation
Proceed to NOV
Silver, Total (as
A
07/31/06
Monthly
µ/L
Frequency Violation
Proceed to NOV
08/31/06
Late/Missing
GW-59
No Action, BPJ
Silver, Total (as
A :<
08/31/06
Monthly
µ/L
Frequency Violation
None
08/31 /06 .:
r
Late/Missing
No Action BPJ
GW-59
'
Silver, Total (as
A
08/31/06
Monthly
µ/L
Frequency Violation
None
Nitrogen,
Ammonia Total
09/19/06
3 X week
lbs/day
25.
38.6
Daily Maximum
None
as N
Exceeded
Nitrogen,
Ammonia Total
10/02/06
3 X week
lbs/day
25.
32.
Daily Maximum
None
as N
Exceeded
Nitrogen,
Ammonia Total
10/03/06
3 X week
lbs/day
25.
35.
Daily Maximum
None
as N
Exceeded
Silver, Total (as
A
10/31/06
Monthly
µ/L
Frequency Violation
None
Silver, Total (as
A
11/30/06
Monthly
µ/L
Frequency Violation
None
l 1/30/06
Signature MissingNo
Action, BIMS
Calculation Error
Fact Sheet
Permit Renewal -- NPI)ES NCO003344
Page 8
new sources (PSNS). [Reserved] slaughters more than 100 milhoe (NSPS)
pounds per year (in units of LWK) must --
$492.307 Effluent limitations attain. achieve the following effluent 11ffiti Regulated
able by the application of the beat parameter
control technology for conventional tions representing the application of,
pollutants (BCT). BPT: .(a:N
(a) Except as provided in 40 CFR
125.30 through 125.32, any existing point
source subject to this subpart must
achieve the following effluent limita-
tions representing the application of
BCT: Limitations for BODs, fecal coli-
form, O&G, and TSS are the same as
the corresponding limitation specified
in §432.105(a).
(b) The limitations for BODs and TSS
specified in paragraph (a) of this sec-
tion were derived for a renderer which
does not cure cattle hide. If a renderer
does cure hide, the following formulae
should be used to calculate BODs and
TSS limitations for process wastewater
associated with cattle hide curing, in
addition to the limitation specified in
paragraph (a) of this section:
lbs BODs/1000 lbs RM = 7.9 x (no. of
hides)/lbs RM
kg BODs/kkg RM = 3.6 x (no. of hides)/
kg RM
Its TSS/1000 its RM = 13.6 x (no. of
hides)/lbs RM
kg TSS/kkg RM = 6.2 at (no. of hides)/kg
RM
Subpart K—Poultry First Processing
§432.110 Applicability.
This part applies to discharges of
process wastewater resulting from the
slaughtering of poultry, further proc-
essing of poultry and rendering of ma-
terial derived from slaughtered poul-
try. Process wastewater includes water
from animal holding areas at these fa-
cilities.
§432.111 Special definitions.
For the purpose of this subpart: Poul-
try first processing means slaughtering
of poultry and producing whole, halved,
quarter or smaller meat cuts.
§ 432.112 Effluent limitations attain-
able by the application of the best
practicable control technology cur.
rently available (BPT).
Except as provided in 40 CFR 125.30
through 125.32, any existing point
- . an .......
EFFLUENT LIMITATIONS rail Wdoron .........
(BPT)
Regulated Maximum Maxmr°
parameter dailyI
Ammona (as N) ........................ 8.0 1D
600.......................................... 26 k
Fecal col8omn ........................... (a) �..
O&G (as HEM) ..............._......... 14 is.
TSa............................................ 30 x.
' mglL (ppm).
x Maximum of 400 MPN or CFU per 100 mL at .,y tc
allo maximum monthly average limitatbn.
§432.113 Effluent limitations attain.
able by the application of the best
available technology economically
achievable (BAT).
Except as provided in 40 CFR 125.30
through 125.32, any existing point
source subject to this subpart that
-
slaughters more than 100 million
Pounds per year (in units of LWK) must
achieve the following effluent limits-
tiona representing the application of
BAT:
EFFLUENT LIMITATIONS
(SAT)
Regulated Maximum Madmm
para
meter daily' 11va"
ary
Ammonia (ail N) ........................ 8.0 ?L
Total Nitrogen ...._...................... /4] tq
' mg2 (pan
§432.114 Pretreatment standards for
existing sources (PSES). [Reservedl
§432.115 New source perfornumce.
standards (NSPS). Any source that is a new source sub-
ject to this subpart must achieve the -
following performance standards:
(a) Facilities that slaughter no more
than 100 million pounds per year (in.
units of LWK) must achieve the fol-
lowing performance standards: ,
268
No 1. HEM) ........
Maximum I Maximum
daily' monthly
avg.'
8.0
4.0
26
16
(e)
(a)
14
8.0
30
20
400 MPN or CFU per IN mL at any those.
monthly average limitation.
N Facilities that slaughter more
than 100 million pounds per year (in
,pitoof LWK) must achieve the fol-
`�jNng performance standards:
PERFORMANCE STANDARDS
INSPS]
Regulated Maximum Maximum
parameter daily' monthly
avg.
I¢mnla (as N) ....................
e.0
4.0
I>0D......................................
26
16
G&G Ws HEM) ......................
/0
8.0
158_.....................................
30
20
1A1)Ntogen.......... ..... ......._
la7
103
400 MPN or CFU per 100 mL at any time.
month1v average Ilmlation.
1432.116 Pretreatment - standards for
new sources (PSNS). [Reserved]
432.117 Effluent limitations attain-
able by the application of the best
control technology for conventional
llutants (BCT).
:apt as provided in 40 CFR 125.30
`t5tough 125.32, any existing point
'source subject to this subpart must
ach]eve the following effluent limita-
tione representing the application of
6LT: Limitations for BODs, TSS, O&G
(as HEM), and fecal coliform are the
. store as the corresponding limitation
specified in § 432.112.
Subpart L—Poultry Further
Processing
§432.120 Applicability.
This part applies to discharges of
wass wastewater resulting from fur-
011rocessing of poultry.
served]
§432.122 Effluent limitations attain-
able by the application of the best
practicable control technology cur.
rently available (BPT).
Except as provided in 40 CFR 125.30
through 125.32, any existing point•
aource subject to this subpart that fur-
ther processes more than 7 million ✓
no�nea year (in units of finished
product) must achieve the following ef-
fluent limitations representing the ap-
plication of BPT:
EFFLUENT LIMITATIONS
(ePTI
Regulated Maximum Masimum
parameter daily' monthly
evg.'
Anvnonla (as N) ........................ 8.0 4.0
eODn......................................... 26 16
Fecal Colgorm ........................... (x) (1)
O&G (as HEM) .......................... 14 8.0
TSS............................................ 30 20
, m), noWL (gy
a Maximum of 400 MPN or CFU per 100 mL at any time.
allo maximum monthly average limitation.
§432.123 Effluent limitations attain.
able by the application of the beet
available technology economically
achievable (BAT).
Except as provided in 40 CFR 125.30
through 125.32, any existing point
source subject to this subpart that fur-
ther processes more than 7 million
pounds per year (in units of finished
Product) must achieve the following of-'
fluent limitations representing the ap-
plication of BAT:
EFFLUENT LIMITATIONS
(BAT)
Regulated
Maximum
Maximum
parameter
daily'
m avg.vg.I
'
Ammonia (as N) ....................
1 8.0
4.0
Total Nitrogen .......I ................
1a7
'03
t mglL (PPm)
§ 432.124 Pretreatment standards for
existing sources (PSES).'[Reserved]
§ 432.125 New source performance
standards (NSPS).
Any source that is a new source sub-
ject to this subpart must achieve the
following performance standards:
269
6
\2\ Maximum of 400 MPN or CFU per 100 mL at any time.
\3\ No maximum monthly average limitation.
§ 432.116 Pretreatment standards for new sources (PSNS). [Reserved]
t top
§ 432.117 Effluent limitations attainable by the application of the best control technology for
conventional pollutants (BCT).
t top
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to
this subpart must achieve the following effluent limitations representing the application of
BCT: Limitations for BODS, TSS, O&G (as HEM), and fecal coliform are the same as the
corresponding limitation specified in §432.112.
Subpart L—Poultry Further Processing
t tom
§ 432.120 Applicability.
t top
This part applies to discharges of process wastewater resulting from further processing of
poultry.
§ 432.121 Special definitions. [Reserved]
t top
§ 432.122 Effluent limitations attainable by the application of the best practicable control technology
currently available (BPT).
t to=
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to
this subpart that further processes more than 7 million pounds per year (in units of
finished product) must achieve the following effluent limitations representing the
application of BPT:
Effluent Limitations
[BPT]
Regulated parameter
47
--------------------------
Maximum
Maximum monthly
daily \1\ avg.\l\
------------------------------------------------------------------------
Ammonia(as N)................................ 8.0 4.0
BOD5.......................................... 26 16
Fecal Coliform................................ (\2\) (\3\)
0&G (as HEM) .............................. 14 8.0
TSS........................................... 30 20
------------------------------------------------------------------------
\1\ mg/L (ppm) .
\2\ Maximum of 400 MPN or CFU per 100 mL at any time.
\3\ No maximum monthly average limitation.
§ 432.123 Effluent limitations attainable by the application of the best available technology
economically achievable (BAT).
't toD
Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to
this subpart that further processes more than 7 million pounds per year (in units of
finished product) must achieve the following effluent limitations representing the
application of BAT:
Effluent Limitations
(BAT]
-------------------------------------------------------------
Regulated parameter Maximum
daily \1\
----------------------------------------------------------
Ammonia(as N).............................. 8.0
Total Nitrogen .............................. 147
\1\ mg/L (ppm).
§ 432.124 Pretreatment standards for existing sources (PSES). [Reserved]
ttoy
§ 432.125 New source performance standards (NSPS).
ttoy
Maximum
monthly
avg.\1\
4.0
103'
Any source that is a new source subject to this subpart must achieve the following
performance standards:
(a) Facilities that further process no more than 7 million pounds per year (in units of
finished product) must achieve the following performance standards:
Performance Standards
[NSPS]
48
PERMIT
MONITORI
NG
REPORT
MONTH
MONITO
RING
REPO
YEAR
PARAMETER
LIMIT
LIMIT
CORRECTED
PeaMttews
REPORTED
VALUE
(Yellow =
violates
corrected
limit)
Violates
corrected •
limit b y
20%
Assessed
22A r09
p
22Apr09
assessment for
Violation < 20%
Over corrected
limit (credit
needed)
VIOLATION TYPE
VIOLATION ACTION
NC0003344
11
2008
Chlorine, Total Residual
17.
<50
t350'Oa:. „
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NCO003344
10
2008
Mercury, Total (as Hg)
27.
N/A
F 280'.. ''` ,
yes
yes
Weekly Average Exceeded
Proceed to Enforcement
NCO003344
10
2008
Mercury, Total (as Hg)
27.
N/A
__
yes
yes
Weekly Average Exceeded
Proceed to Enforcement
NC0003344
11
2008
Mercury, Total (as Hg)
27.
NIA
::,;,,,395r ; ;' ,
yes
yes
Weekly Average Exceeded
Proceed to Enforcement
NCO003344
11
2008
Mercury, Total (as Hg)
27.
N/A
-..'47;7',; =
yes
yes
Weekly Average Exceeded
Proceed to Enforcement
NC0003344
12
2008
Mercury, Total (as Hg)
27.
N/A
39 :w- :__,
yes
yes
Weekly Average Exceeded
Proceed to Enforcement
NCO003344
10
2008
Nitrogen, Ammonia Total (as N)
2.
3.3
2.7
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
10
2008
Nitrogen, Ammonia Total (as N)
2.
3.3
-614 y.
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
10
2008
Nitrogen, Ammonia Total (as N)
2.
3.3
12 0 `:
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
10
2008
Nitrogen, Ammonia Total (as N)
2.
3.3
2.8
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
10
2008
Nitrogen, Ammonia Total (as N)
2.
3.3
2.5
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
10
2008
Nitrogen, Ammonia Total (as N)
1.
1.7
yes
yes
Monthly Average Exceeded
Proceed to Enforcement
NC0003344
11
2008
Nitrogen, Ammonia Total (as N)
4.
6.7
6.3
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
11
2008
Nitrogen, Ammonia Total (as N)
4.
6.7
4.7
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
12
2008
Nitrogen, Ammonia Total (as N)
4.
6.7
5.9
yes
Daily Maximum Exceeded
Proceed to Enforcement
NCO003344
12
2008
Nitrogen, Ammonia Total (as N)
4.
6.7
5.5
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
09
2008
Oil & Grease
6.7
11.2
- _ 12:9 :_.-`
yes
$355.00
Daily Maximum Exceeded
Proceed to Enforcement
NCO003344
09
2008
Oil & Grease
6.7
11.2
T,_. 19a); -
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
10
2008
Oil & Grease
6.7
11.2
_ := 1l�7'; . `
yes
$355.00
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
10
2008
00 & Grease
6.7
11.2
8.8
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
10
2008
Oil & Grease
6.7
11.2
9.3
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
10
2008
Oil & Grease
6.7
11.2
=13a#; ,;.-
yes
$355.00
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
10
2008
Oil & Grease
3.35
5.6
_ a8 7= -' ..:
yes
yes
Monthly Average Exceeded
Proceed to Enforcement
NC0003344
11
2008
Oil & Grease
6.7
11.2
10.7
yes
Daily Maximum Exceeded
Proceed to Enforcement
NCO003344
11
2008
Oil & Grease
6.7
11.2
�Srh ;:. ,
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
11
2008
Oil & Grease
6.7
11.2
10.9
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
11
2008
Oil &Grease
6.7
11.2
yes
$355.00
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
11
2008
Oil & Grease
3.35
6.6
6.3
yes
Monthly Average Exceeded
Proceed to Enforcement
NC0003344
12
2008
00 & Grease
6.7
11.2
, 213==;_ -
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
12
2008
Oil & Grease
6.7
11.2
-;Y �;6 •'
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
12
2008
Oil & Grease
6.7
11.2
Y ; `, 8 8 p v_
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
122008
Oil & Grease
6.7
11.2
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
122008
Oil & Grease
6.7
11.2
F . � OiQdL. x
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
12
2008
Oil & Grease
6.7
11.2
9;$ = ,
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
12
2008
Oil &Grease
6.7
11.2;2=
yes
yes
Daly Maximum Exceeded
Proceed to Enforcement
NC0003344
122008
Oil &Grease
6.7
11.2
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
12
2008
Oil & Grease
8.7
11.2
i
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
Case
NC0003344
122008
Oil &Grease
6.7
11.2
1 111_
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
12
2008
Oil & Grease
6.7
11.2
18a)i ;
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
122008
Oil &Grease
3.35
5.6
yes
yes
Monthly Average Exceeded
Proceed t0 Enforcement
NC0003344
01
2009
Oil & Grease
6.7
11.2
19 7.','
yes
yes
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
01
2009
Oil &Grease
3.35
5.6
,' b $=`' _
yes
$1,437.50
Monthly Average Exceeded
Proceed to Enforcement
NC0003344
122008
TOX
Aquatic toxicity permit limit violation
No Action, BPJ
NC0003344
09
2008
BOD, 5-Day (20 Deg. C)
10.
NIA
10.3
yes
no $
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
04
2009
D, 6-Day (20 Deg. C) - Concentrat
10.
NIA
11.0
Daily Maximum Exceeded
None
NC0003344
04
2009
D, &Day (20 Deg. C) - Concentrdt
10.
NIA
_ ' 12'9 _
yes
Daily Maximum Exceeded
None
NCO003344
04
2009
D. S-Day(20 Deg. C)-Concentra
5.
NIA
6.1
Monthly Average Exceeded
None
NC0003344
11
2008
Mercury, Total (as Hg)
27.
NIA
: 343.
yes
Weekly Average Exceeded
Proceed to Enforcement
NC0003344
11
2008
Mercury, Total (as Hg)
27,
NIA
", 28 4?;:
yes
Weekly Average Exceeded
Proceed to Enforcement
NC0003344
02
2009
Mercury, Total (as Hg)
27,.
NIA
_ _ _ 7 _ '
yes
Weekly Average Exceeded
None
NC0003344
03
2009
Mercury, Total (as Hg)
27.
NIA
=, ` ,g8 8'; ,_
yes
Weekly Average Exceeded
None
NC0003344
03
2009
Mercury, Total (as Hg)
27.
WA
29.4
Weekly Average Exceeded
None
NCO003344
09
2008
Nitrogen, Ammonia Total (as N)
2.,
3.3
2.2
Daily Maximum Exceeded
Proceed to Enforcement
NCO003344
122008
Nitrogen, Ammonia Total (as N)
4.
0.7
4.2
Daily Maximum Exceeded
Proceed to Enforcement
NCO003344
122008
Nitrogen, Ammonia Total (as N)
4.
6.7
4.1
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
122008
Nitrogen, Ammonia Total (as N)
2.
3.3
2.0
Monthly Average Exceeded
No Action, BPJ
NC0003344
04
2009
en. Ammonia Total (as N) - Concer
2.
3.3
3.2
Daily Maximum Exceeded
None
NC0003344
04
2009
en, Ammonia Total (as N) - Concer
2.
3.3
2.3
Daily Maximum Exceeded
None
NC0003344
04,2009
n, Ammonia Total (as N) - Concer
2.
3.3
° .__ )&1;_
yes
Daily Maximum Exceeded
None
NCO003344
04
2009
n, Ammonia Total (as N) - Concer
2.
3.3
3.1
Daily Maximum Exceeded
None
NC0003344
04
2009
n, Ammonia Total (as N) - Concer
2.
3.3
2.8
Daily Maximum Exceeded
None
NC0003344
04
2009
, Ammonia Total (as N) - Concer
2.
3.3
2.9
Daily Maximum Exceeded
None
NC0003344
04
2009
en, Ammonia Total (as N) - Conce
1.
1.7
r,;' 2;0
Monthly Average Exceeded
None
NCO003344
08
2008
Oil & Grease
6.7
11.2
7.8
Daily Maximum Exceeded
Proceed to Enforcement
NC0003344
08
2008
Oil & Grease
6.7
11.2
7.4
Daily Maximum Exceeded
Proceed to Enforcement,
NC0003344
08
2008
Oil & Grease
6.7
11.2
6.8
Daily Maximum Exceeded
Proceed to Enforcement 1
NCO003344
10
2008
Oil & Grease
6.7
11.2
6.9
Daily Maximum Exceeded
Proceed to Enforcement,
NC00D3344
10
2008
Oil & Grease
6.7
11.2
8.4
Daily Maximum Exceeded
Proceed to Enforcement,
NCO003344
11
2008
Oil & Grease
6.7
11.2
7.3
Daily Maximum Exceeded
Proceed to Enforcement,
NCO003344
12
2008
Oil & Grease
6.7
11.2
7.3
Daily Maximum Exceeded
Proceed to Enforcement 1
NCOD03344
01
2009
Oil & Grease
6.7
11.2
7.4
Daily Maximum Exceeded
Proceed to Enforcement,
NCO003344
01
2009
Oil & Grease
6.7
11.2
6.8
Daily Maximum Exceeded
Proceed to Enforcement,
NC0003344
02
2009
Oil & Grease
6.7
11.2
7.1
Daily Maximum Exceeded
None
NC0003344
02
2009
On & Grease
6.7
11.2
9.3
Daily Maximum Exceeded
None
NC0003344
02.2009
Oil & Grease
6.7
11.2
19.4
yes
Daily Maximum Exceeded
None
NC0003344
03
2009
Oil & Grease
6.7
11.2
17 2
yes
Daily Maximum Exceeded
None
NC0003344
03
20D9
Oil & Grease
6.7
11.2
15�5. _
yes
Daily Maximum Exceeded
None
NC0003344
03
2009
00 &Grease
6.7
11.2
17 ..:.
yes
Daily Maximum Exceeded
None
NC0003344
03
2009
Oil &Grease
B.7
11.2
_ ..,64 f
yes
Daily Maximum Exceeded
None
NC00D3344
03
2009
Oil & Grease
6.7
11.2
__,:,erZ`, . . 1
yes
Daily Maximum Exceeded
None
NCOD03344
03
2009
Oa & Grease
6.7
11.2
�9:8'_'
yes
Daily Maximum Exceeded
None
NC0003344
03
2009
Oil & Grease
6.7
11.2
7.5
Daily Maximum Exceeded
None
NC0003344
03
2009
Oil & Grease
6.7
11.2
_ 16 4'_ '
yes
Daily Maximum Exceeded
None
NC0003344
03
2009
Oil &Grease
6.7
11.268
yes
Daily Maximum Exceeded
None
NC0003344
03
2009
Oil & Grease
6.7
11.2
_';ibi4 ^,':+
yes
Daily Maximum Exceeded
None
NC0003344
0312009
Oil & Grease
6.7
11.2
,.;14 $_� , ..
yes
Daffy Maximum Exceeded
None
::ase
'ase
:ase
:ase
"ase
;ase
:ase
,ase
:ase
:ase
:ase
:ase
:ase
,ase
,ase
,ase
,ase
,ase
,ase
,ase
SAMPSON INDEPENDENT
AFFIDAVIT OF PUBLICATION
State of North Carolina
PUBLIC NOTICE County of Sampson
North Carolina Environ-
mental Management
Commission/NPDES
On this the 30th day of AUGUST 2009
Unit1817 Mail Service
CenterRalelgh, NC
personally appeared before me Joy Pone who being
27699-1617
duly sworn says the he/she is the Receptionist
Notice of Intent to Issue a
of THE SAMPSON INDEPENDENT, a newspaper published
NPDES Wastewater Per -
mit
daily at Clinton, in the County of Sampson and the attached
The North Carolina Envi-
true and complete copy of a LEGAL NOTICE
ronm Commission proposes to sManagement
Co
Commis
1 the action entitled NPDES WASTEWATER RAEFORD FARMS
issue a NPDES waste-
Vs
water discharge permit to
the person(s) listed below.
was duly published in the aforesaid newspaper for ONE -times,
Written comments regard- in its issues of AUGUST 30 ,2009
ing the proposed permit
will be accepted until 30
days after the publish
date of this notice. The Di-
C:
rector of the NC Division
gtQ�
of Water Quality (DWO)
may hold a public hearing
Witness my hand and notarial seal, this
should there asignifi-
th30TH dof AUGUST 2009
ay-
of
cant degree of pubblicicinne
terest. Please mall
comments and/or infor-
mation requests to DWQ
at the above address. In-
terested persons may visit
the DWO at 512 N. Salis-
bury Street, Raleigh, NC
to review information on
file. Additional information
on NPDES permits and
My commission expires
this notice may be found
on our website:
www.ncwaterquality.org,
MU 16,2011
or by calling (919) 807-
5304.
SEAL
DWQ has modified House
of Raeford Farms' dis-
charge permit
(NC0003344) to Rock
Fish Creek, within the
Cape Fear River Basin, to
correct limit -calculation
errors for NH3-N, TSS,
and Oil & Grease.
The Sampson
Independent
August 30, 2009.c.
A. (I.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Beginning on the effective date of this permit and lasting until approval to discharge above 0.900 MGD, or until
permit expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges
shall be limited and monitored by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly
erage
Daily
Maximum
Weekly
Average
Measuremen
Frequency
Sample
Type
Sample
Location
Flow
0.900 MG D
Continuous
Recording
Influent Effluent
BOD, 5-day, 20°C
(April 1- October 31)
5 mg/L
10 mg/L
3/Week
Composite
Effluent
BOD, 5-day, 20°C
(Nov 1 - March 31)
10 mg/L
20 mg/L
3/Week
Composite
Effluent
Total Suspended Solids
I .G mg L
Wig/[
3/Week
Composite
Effluent
NH3 as N
(April 1- October 31)
1.7 m T
z
3.3 mg/L
3/Week
Composite
Effluent
NH3 as N
(Nov I -March 31)
3.3 mg'L
6. mg/L
3/Week
Composite
Effluent
Fecal ri
c (geometetric mean)
200 / 100 nil
400 / 100 nil
3/Week
Grab
Effluent
Oil and Grease
mg/L
3/Week
Grab
Effluent
pH
not < 6.0 nor > 9.0 standard units
3/Week
Grab
Effluent
Dissolved Oxygen
3/Week
Grab
Effluent
Temperature °C
3/Week
Grab
Effluent
Total Residual Chlorine
28 µg/L
3/Week
Grab
Effluent
Total Nitrogen
(NO2+NO3+TKN)
103 mg/L
147 mg/L
3/Week
Composite
mP
Effluent
Total Phosphorus
I/Month
Composite
Effluent
Total Mercury
27 ng/L
.. I/Week
Grab
Effluent
Total Cadmium
15 µg/L
4.5 µg/L
]/Month
Composite
Effluent
Chloride
I/Month
Composite
Effluent
Total Zinc
---
]/Month
Composite
Effluent
Total Copper
I/Month
Composite
Effluent
Chronic Toxicity
1/Quarter
Composite
Effluent
Footnotes:
1. Effluent dissolved oxygen concentration shall not fall below 5.0 mg/L.
2. Total Residual Chlorine (TRC) monitoring applies only if chlorine is used. The Permittee shall report all values
analyzed by a North Carolina -certified lab methods. However, due to difficulties quantifying TRC in a wastewater
matrix, the Division will consider all values reported below 50 µg/L to be compliant with this permit.
3. Total Nitrogen (TN) = NO2-N + NO3-N + TKN, where TKN = Total Kjeldahl Nitrogen, NO3-N = Nitrate, and NO2-
N = Nitrite.
4. Compliance with mercury limit and monitoring shall conform to "clean" sample and analytical techniques specified in
test method EPA 1631E.
5. Cadmium — Upon written notification, the Division may delete effluent limitations and monitoring conditions only if
the Permittee provides updated effluent data that show no reasonable potential to exceed the cadmium water -quality
stream standard.
6. Chronic Toxicity (Ceriodaphnia) at 57 %; March, June, September and December; refer to Special Condition A. (4).
See Section A. (3.) for Instream Monitoring Requirements.
See Section A. (5.) and A. (6.) for additional Special Conditions.
The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
su �
Oc - - -
L--�1--
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El
V-��-
AM
8P�
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t �(
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i ck 4,hr1 , ncf
HOUR OF
Mr. Gil Vinzani
NCDENR / NPDES Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Reference: Permit No. NC0003344
Dear Mr. Vinzani:
HOUSE OF RAEFORD FARMS, INC.
WALLACE DIVISION
253 Butterball Road • TEACBEY, NC 28464
P.O. BOX 669 • WALLACE, NC 28466
Phone (910) 285-2349 • FAX (910) 285-3276
May 20, 2OT2ECENED
May L :,09
DENR , WATER QUALITY
POINT SOURCE BRANCH
Our current discharge permit was issued and became effective on July 1, 2007.
With this renewal, our reporting limits were changed from quantity (pounds per day)
to concentrations. This has caused some compliance problems, mainly with the oil
and grease limits.
The current permitted monthly limit is now 3.35 mg/1 versus a previous limit of
42 pounds per day. It appears the basis for the present limit is based on a monthly
average discharge flow of 1.5 mgd . Attached you will find the reported flows from
our monthly DMR submittals which reveal we actually discharge less than 0.600 mgd
which is considerably less than the 1.5 mgd from which our oil and grease limit
was derived. Also, the limit of 3.35 mg/1 is less than the current laboratory lower
limit of detection of 5 mg/l.
I would appreciate your review of our concerns and appreciate a more representative
limit established based on our actual operating data. Should you need additional
information, please contact T. Wayne Benton, ORC at 910-285-2349 x 172.
VSm'ceZ
�17
Robert C. Jo son, H
Plant Manager / Permittee
(Attachmment)
House of Raeford Farms
Wallace Division
NPDES Permit # NC0003344
001 Flows (mgd)
2007
2008
2009
January
0.651
0.636
0.646
February
0.575
0.673
0.636
March
0.512
0.527
0.585
April
0.503
0.593
0.578
May
0.575
0.508
June
0.524
0.528
July
0.557
0.561
August
0.602
0.464
September
0.552
0.600
October
0.664
0.549
November
0.673
0.563
December
0.591
0.622
yearly
average 0.582
0.569
0.611
overall average
0.587
Correspondence Profile Cover Sheet
Page I of I
&'mr�A 0,4W-A
ICDENR
Correspondence Tracking System
00303200903037
Summary
Petition for a Contested Case Hearing: House of Raeford Fauns, Inc. v. DWQ [Case No. LV-2009-0058]
Received 03/12/2009 via Letter
Legal issue for Mary Penny Thompson
Issued 03/10/2009 by Henry W. Jones, Jr. of Jordan Price Wall Gray Jones & Carlton
** For Recipient Use Only **
To:
Date: / /
Respond By:
Please: reply a Prepare form signature
p p y y and return to me.
Reply, noting the letter was referred to you by me.
Prepare a reply for the Govemor's signature and return to me.
Reply, noting the letter was referred to you by the Governor. y
For your information.
Take appropriate action
Note and file.
Note and return to me.
Note and see me about this.
Your comments and/or recommendations.
Copy to Secretary's Office
Remarks
W et ]l a6C 6ct4 yt
Proe514Lj rtCA 7
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9laiq
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http:/itabeam.ear.state.nc.us/Wdts/print.do?dispatch=crsdProfile&id=3037 3/12/2009
STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF DUPLIN OR L 2 09 EHR HOUSE OF RAEFORD FARMS, INC.,COPY
PETITIONER )
PETITION
V. ) FOR A
CONTESTED CASE HEARING
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND )
NATURAL RESOURCES, DIVISION OF WATER QUALITY, ) (DWQ CASE No. LV-2009-00581
RESPONDENT. )
PERmrr No.: N00003344 )
HOUSE OF RAEFORD FARMS, INC. ("HORF"), Petitioner, a North Carolina corporation, hereby asks for a contested case hearing as provided for
by North Carolina General Statute § 150B-23. In support of this Petition and in response to February 24, 2009, Notice of Violation and Assessment
of Civil Penalty issued against HORF in Case No. LV-2009-0058 ("NOTICE?% by the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES, DIVISION OF WATER QUALITY ("NCDENR"), HORF respectfully shows the following:
1. HORF substantially complied with the requirements of NPDES Permit No. NC0003344 and N.C. Gen. Slat § 143-215. 1 (a)(6) in the
discharge monitoring report (DMR) HORF submitted for the months of September and October 2008. Therefore, the civil penalty assessment set
forth in the NOTICE in the total amount of $6,955.86 (56,875.00 civil penalty + $80.86 enforcement costs) against HORF related to such
requirements must be dismissed in whole or in part. A conformed copy of the NOTICE marked "ExtIImT A" is attached hereto and incorporated
herein by reference
2. NCDENR has failed to comply with the requirements of N.C. Gen. Slat. 143-215.6A in determining the amount of the civil penalty.
Therefore, the civil penalties and costs must be dismissed in whole or in part.
3. NCDENR has failed to properly apply the factors set forth at N.C. Gen. Slat 143B-282.1(b) in determining the amount of the civil
penalty. Therefore, the civil penalties and costs must be dismissed in whole or in part
WHEREFORE, based on the foregoing facts and allegations, in assessing the foregoing civil penalties and costs:
1. NCDENR has: (a) Deprived HORF of property; (b) Ordered HORF to pay a civil penalty and costs totaling $6,955.86, and (c)
Substantially prejudiced the rights of HORF as alleged above; AND
2. NCDENR has exceeded its authority and jurisdiction, acted erroneously, failed to use proper procedure, acted arbitrarily or capriciously,
and failed to act as required by law or rule by: (a) Erroneously applying N.C. Gen. Slat § 143-215.1(a)(6) and related statutes and regulations; (b)
Failing to use proper procedure under N.C. Gen. StaL § 143-215.6A(c) and related statutes and regulations; (c) Acting arbitrarily or capriciously in
applying N.C. Gen. Slat. § 143-215.1(ax6), N.C. Gen. Slat § 143-215.6A(c) and related statutes and regulations; and (d) Otherwise exceeding its
authority and jurisdiction, acting erroneously, failing to use proper procedure, acting arbitrarily or capriciously, and failing to act as required by law
or role.
Respectfully submitted this the le day of March, 2009.
By:
Henry W. Jon Jr.
N.C. B o. 8 3
1951 Clark Aven
P.O. Box 10669-0669
Raleigh, North Carolina 27605-0669
— - Telephone: 919.828.2501
Facsimile: 919.834.8447
ATTORNEYS FOR PETITIONER, HOUSE OF RAEFORD FARMS, INC.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed:
Mary Penny Thompson, General Counsel [ViA CERTIFIED MAIt/RE
Department of Environment and Natural Resources
1601 Mail Service Center �\
Raleigh, North Carolina 27699-1601
This the 10'a day of March, 2009.
- EXEnrr A -
ACDEE R
North Carolina Departrnent of Environment and Natural Resources
DMmioN OF WATER QUALITY
Beverly Eaves Perdue Coleen H. Sulhs DesFreernatr
Governor - Director Secretary
February24, 2009
CERTIFIED MAIL # 7008 0150 0002 2652 3737
RETURN RECEIPT REQUESTED
Robert C. Johnson
House of Raeford Farms, Inc.
PO Box 40
Rose Hill, NC 28458-OD40
SUBJECT: NOTICE OF VIOLATION AND ASSESSMENT OF CIVIL PENALTY
Violations of NC General Statute (63.) 143-215.1(a)(6) & NPDES Permit#: NCo003344
House of Raeford Forms Inc
Wallace Chicken Processing Facility WWfP
Case No. LV-2009-0058
Duplin County
Dear Mr. Johnson:
This letter transmits a Notice of Violation and assessment of a civil penalty in the amount of 16,955.86
($6,875.00 civil penally+ $80.86 enforcement costs) against the House of Raeford Farms, Inc.
This assessment is based upon the following facts: a review has been conducted of the discharge
monitoring report (DMR) submitted by the House of Raeford Farms, Inc. for the month(s) of September
and October 2008, This review has shown the subject facility to be in violation of the discharge
limitations and/or monitoring requirements found in NPDES Permit No. NC0003344. The violations, which
occurred, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that the House of Raeford Fame, Inc.
violated the terms, conditions or requirements of NPDES Permit No. NCOD03344 and G.S. 143.215.1(a)(6) in the manner and extent shown In Attachment A. In accordance with the mcrAmum s established by
G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person who violates the terms,
conditions or requirements of a permit required by G.S. 743-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority
provided by the Secretary of the Department of Environment and Natural Resources antl the Director of
the Dfvisfon of Water Quality, I, Rick Shiver, Regional Supervisor, Surface Water Protection Section,
Raeford Farms, Inc: ivil penalt
Wilmington Regional Office hereby make the following cy assessment against the House of
Norih Carolina DNUIon or Wafer Quality 1617 MQ Sw w 0,M,
IMomet Lorado2 512 N. Salisbury St Rakish, NC 2 NQ 1817 F �611) OD BOM 1A 2r sew
An EqWOPPft*AN-*mA m &MIDYK -5M ft9eQWf6% Pest Ua PSW
THE FOLLOWING ARE PARAMETER LIMIT VIOLATIONS:
0 of the 1 violations of G.S. 143-215.1 (a) (6) and NPDES Permit No.
$Q QQ
NC0003344, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum limit for BD.
2 of the 2 violations of G.S. 143-215.1 (a) (6) and NPDES Permit No.
25.00
NCOD03344, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum 11i for MERCURY.
5 of the 6 violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
62.50
NC0003344, by discharging waste water Into the waters of the State in
violation of the Permit Daily Maximum Omit for Ammonia NUroaen.
1 of the 1 violations of G.S. 143-2153 (a)(6) and NPDES Permit No.
$1,250.00
NC0003344, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average Rmit for Ammonia Nitrogen.
Z of 'the $ violations of G.S. 143-215.1(a)(6) and NPDES Permit No.
2 187.50 -
NC0003344, by discharging waste water into the waters of the State in
violation of the Permit Daily Maximum fimit for Ori and Grease.
1 of the 1 violations of G.S. 143-215.1(a)(6) and NPDES Pennft No.
$1,250.00
NC0003344, by discharging waste water into the waters of the State in
violation of the Permit Monthly Average Omit for 09 and Grease.
I6.875.00
TOTAL CIVIL PENALTY
$80 86
Enforcement Costs
955.86
TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amountof the penalty I have taken into account the
Findings of Fact and Conclusions of Law and the factors set forth at G.S. 1435-2921(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to
private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the oblation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the
Environmental Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
1. Submit payment of the penalty;
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penally will not foreclose further
enforcement action for any continuing or new vfolation(s). Please submit payment to the
attention of
NPDES Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh,.Norlh Carolina 27699-1617
2. Submit a written request for rengWon or mitigation including a detailed justification for such
request.
Please be aware that a request for remission is limited to consideration of the five €actors anted
below as they may relate to the reasonableness of the amount of the civil penally assessed.
Requesting remission is not the proper procedure for contesting whether the violafiion(s)
occurred or the accuracy of any of the factual statements contained in the civil penalty
assessment document. Because a remission request forecloses the option of an administrative
hearing, such a request must be accompanied by a waiver of your right to an administrative
hearing and a stipulation and agreement that no factual or legal Issues are in dispute. Please
prepare a detailed statement that establishes why you beffeve* the civil penalty should be
remitted, and submit it to the Division of Wafer Quality at the address ranted below, in
determining whether a remission request will be approved, the following factors shall be
considered:
(1) whether one or more of the civil penalty assessment factors in NCGS 143E-282.1(b) was
wrongfully applied to the detriment of the petitioner,
(2) whether the violator prompffy abated confinuing environmental damage resulting from
the violation;
(3) whether the violation was inadvertent or a result of an occident;
(4) whether the violator had been assessed CM penalties for any previous violations; or
(S) whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please note that all evidence presented in support of your request for remission must be
submitted in writing. The Director of the Division of the Division of Water Quality wall re ew your
evidence and inform you of his decision in the matter of your remission request. The response will
provide details regarcaang the case status, directions for payrnent, and
appeal of the penalty to the Environmental Management Commission's Committee osion for n Cti� Penalty Remissions (Committee). Please be advised that the Committee cannot consider
information that was not part of the original remission request considered by the Directs:
Therefore, it is very important that you prepare a complete and thorough statement in support
of your request for remisslon.
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civil Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt *of this notice. The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request." Both
forms should be submitted to the following addresr.
NPDES Compliance/Enforcement Unit
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699.1617
M
3. File a petition for an administraffve hearing with the Office of Adminisirafive Hearings:
If you wish to contest any statement in the attached assessment document, you must file a
petition for an administrative hearing. You may obtain the petition form from the Office of
Administrative Hearings. You must fife the petition with the Office of Administrative Hearings
within thirty (30) days of receipt of this notice. A petition is considered filed when it is received in
the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8..00 a.m. and 5:00 p.m.,
except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings. The petition may be faxed - provided the original and one
copy of the document is received in the Office of Administrative Hearings within five (5) business
days following the faxed transmission. The ma7ng address for the Office of Administrative
Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Telephone: (919) 733-2698 / Facsimile: (919) 733-3478
AND
Mail or hand -deriver a copy of the petition to
Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise one of the options above within thirty (30) days of receipt of this letter, as
evidenced by an internal dale/time received stamp (not a postmark), will result in this matter being
referred to the Attorney General's Office for collection of the penalty through a civil action. Please
be advised that additional penalties may be assessed for violations that occur after the review
period of this assessment.
If you have any questions, please contact 10pp Glazier with the Surface Water Protection staff of the
Wilmington Regional Office at (910) 796-721S.
Sincerely,
Rick Shiver
Regional Supervisor
Surface Water Protection Section
Wilmington Regional Office
ATTACHMENTS
Cc: DWO/Wilmington Regional Office - Enforcement Files (w/attachments)
DWQ/NPDES-Enforcement Files (w/attachments)
Central Files, Surface Wafer Protection Section (W/attachments)
ATTACHMENTA
House of Raeford Farms Inc
CASE NUMBER LV-2009-0058
PERMIT: NC00033"
FACILITY: Wallace Chicken Processing Facility WWTP
COUNTY: Duplin
REGION: Wilmington
Omit Violations
PENALTY
MONRORING OUTFALLI
REPORT PH
PARAM6TER
'VIOLATION
VIOLATION
DATE FREQUENCY
UNCT OF
MEASURE
LIMIT
VALUE CALCULATED
YLUIT
VIOLATION TYPE
9.00
i31250
331250
3.00
$312.50
$312.50
a312.50
331250
431250
$1,25D.00
$312.60
$312.50
E.00
$312.60
$312.60
W12.50
$312.50
$31250
a1,25O.00
9.2005
10.4008
108008
9-2008
10, 008
10-2008
10.2008
10-2008
10-2006
10-2008
9-2008
9.2008
10$2wa
104=8
10-2008
10.2008
10-2008
10.2008
10.2008
Cal
V01
001
001
001
001
001
007
001
001
001
Om
001
001
001
001
001
001
001
Effluent
Effluent
Effluent
Effluent
Mont
Effluent
EMuord
Effluent
EIDuenl
Effluent
Effluent
Effluent
Effue0t
Effluent
Effluent
Effluent
EMuont
Effluent
EMuem
BOD
MERCURY
MERCURY
NHD-N
NH3-N
NH3-N
NHS-N
NH"
NH3.N
NH3-N
OlLGRSE
OIL-GRSE
OIL-GRSE
Olt,-GRSE
OIL-GRSE
OIL-GRSE
OIL-GRSE
OIL-GRSE
OIL-GRSE
08110A78
10/08/06
10/15/08
09108105
10101/05
10/07/08
10/06/00
10122N8
10/29100
1013VOB
09/03/08
0910410E
10/06/08
10107/Oa
1010810E
10/16/08
10/27/08
10/20/08
10/31/08
3Xwsek
Weeldy
Wo.wy
3Xweak
3Xweak
3Xweek
3 Xweak
JXwaak
3Xmek
3Xwek
3Xweak
3Xweek
3Xweek
3Xwaek
3Xweek
3Xweok
3Xweek
3Xweek
3Xwaak
m94
n04
nQ4
m9A
m9A
mgA
M94
MCA
m9A
m94
MCA
mpA
0,94
VIVA
MCA
ngA
m9A
npA
mDA
10
27
27
2
2
2
2
2
2
1
8.7
8,7
e.7
8.7
5.7
6,7
6,7
8.7
aaa
10,3
280
840
2.24
266
0.02
11.97
2.8
2.52
2.19
12.9
74
6,9
e.4
11.7
8.8
9,3
13.8
e.7
3.00
662.96
3,011.11
12.00
33.00
207.00
498.50
40.00
26.00
112.15
92.64
tOB.BB
299
25.37
74.03
37,34
3&91
102.99
10a,90
Daily MaUnUrn Exceeded
Daily M9xkmim Exceeded
only Maximum Exceeded
Daly Maximum Exceeded
pally Maximum Exceeded
Deily Maximum Exceeded
Deily Maximum Exceeded
Deily MuLdmum Exceeded
Daily Mexlmum Exuedad
Monthly Average Exceeded
Daly Mazknum Exceeded
Dolly Maximum Exceadatl
OaBy MexMum Fsooadad
Deily Maximum Exceedatl
Daily Maxlmun Exceeded
poly Maximum Exceeded
Oely Maximum Exceedetl
Dilly Maximum Exceeded
Monthly Average Exceeded