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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 r 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. 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'911..Ji •�f: 9 Sam 1e14'4 Sample�� STl ei s3 • r r.- �-M .y...� ♦Z. �! .� R:.} 3;{..J.y l; .`Pi • J7f�V`��onh Dail Weekl-yk ~ R a.7+. -�r.4r. y/, 'S� r3;y y+ -✓ 4 1E •'i:..,4"Y, rMeasuremen _. _ P r 41 V,-..- .1F �# .-. ��".}.' wry Y i �f.. t• l -.y Jf� .s-�'�!` :'�✓ s �. :,'t - t > r _X}._. >�'. 5 , .ZI 1 ^ �r J, t t _ n.e\ 1a._ Avera e, t. y Location.. , l ere uenc , . 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-- �vt(,c� o� El V-��- AM 8P� (41 1 cvti Obv t �( 010 Nsl I O\) ILC4 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 /. S /AGO fookAr 4 C"ec 9laiq �O(p� NM3 b1,G 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