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HomeMy WebLinkAboutWQ0018347_Regional Office Historical File Pre 2018i�CDEHRL Forth Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coieen H. Sullins �� C (� reeman Governor Director l ecretary January 8 2010 JT pp J A N- 8 2010 9 RICHARD J. NEWMASTER - CFO LEBANON SEABOARD CORPORATION 160.0 CUMBERLAND STREET LEBANON, PENNSYLVANIA 17042 Dear Mr. Newmaster: DWQ - Aquifer Protection Subject: Pennit No. WQ0018347 Lebanon Seaboard Corporation Dry Roots (3-3-3), Endo Roots (3-3-4), M-roots (3-3-3), and 1-Step (2-2-2) Distribution Program Distribution of Animal Residual Solids Roanoke County, Virginia In accordance with your change of ownership request received November 9, 2009, we are forwarding herewith Permit No. WQ0018347, dated January 8, 2010, to Lebanon Seaboard Corporation for the continued operation of the subject animal residuals distribution program. The owner naive has been changed from Novozymes Biologicals, Inc. to Lebanon Seaboard Corporation. Please note that on August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State," was enacted by the General Assembly and signed into law. The Act, known as the Permit Extension Act of 2009, extends the expiration date of certain government approvals and permits. Non -discharge permit WQ0018347 issued by the Division of Water Quality falls within the scope of this Act and is therefore being extended until September 30, 2013. Please note per your permit, a renewal application must be submitted six months in advance of the extended expiration date. This permit shall be effective from the date of issuance until September 30, 2013, shall void Permit No. WQ0018347 issued October 12, 2005, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. This permit approves the continued operation of the subject program for the distribution of a composted fertilizer/soil amendment product, containing poultry animal residuals, that meets exceptional quality standards and is marketed under the product names Dry Roots (3-3-3), Endo Roots (3-3-4), M- Roots (3-3-3), and 1-Step (2-2-2) throughout the state of North Carolina (i.e., in bulk and bags). Note that this permit does not concurrently provide a license to distribute a fertilizer, as is required by the Fertilizer Section of the NC Department of Agriculture and Consumer Services Plant Industry Division. More AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, P,aieigh, North Carolina 27604 Gne Phone: 919-733-3221', FAX 1: 919 15-0588; FAX 2: 919 ?15-60481 Customer Service: 1-877-623-6748 Internet: www.ncwaterouality.ora NOl t' 1 Ca Olma An Equal Opportunity `, Affirmative Action Employer , "� Mr. Richard J. Newmaster January 8, 2010 Page 2 of 2 information about applying for this license may be found at the following web address: littp: //www.ncaLr. E-,ov/plantindustrv/fertilizer/index.htm.. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you need additional information concerning this matter, please contact Lori Montgomery at (919) 715-6187 or lori.montgomery@ncdenr.gov. Sincerely, ,54-Coleen H. Sullins cc: NC Department of Agriculture and Consumer Services, Plant Industry Division, Fertilizer Section Asheville Regional Office, Aquifer Protection Section Fayetteville. Regional _Office, Aquifer. Protection Section Mooresville Regional O:ffice,-Aquifer Protection -Section' Raleigh Regional Office, Aquifer Protection Section Washington Regional Office, Aquifer Protection Section Wilmington Regional Office, Aquifer Protection Section Winston-Salem Regional Office, Aquifer Protection Section Permit File WQ0018347 Notebook File WQ0018347 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH PERMIT FOR THE DISTRIDUTION OF ANIMAL RESIDUAL SOLIDS In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Leban®n Seaboard Corporation Roanoke County, Virginia FOR THE continued operation of a program for the distribution of up to 700 dry tons per year of a composted fertilizer/soil amendment product containing poultry animal residuals, marketed under the names: Dry Roots (3-3-3), Endo Roots (3-3-4), M-Roots (3-3-3), and 1-Step (2-2-2); generated by the source - generating facilities listed in the most recently -certified Attachment A with no discharge of wastes to surface waters, pursuant to the change of ownership request received on November 9, 2009 and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until September 30, 2013, shall void Permit No. WQ0018347 issued October 14, 2005, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. No later than six months_ prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. U. PERFORMANCE STANDARDS 1. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this animal residuals distribution program. 2. No residuals other than those generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for distribution in accordance with this permit. WQ0018347 Version 2.1 Shell Version 090204 Page 1 of 7 3. The pollutant concentrations in any residuals that are distributed site shall not exceed the following Ceiling and Monthly Average Concentrations (i.e., dry weight basis) Parameter Monthly Average Concentration (m,,/kg) Ceiling Concentration (mg/kg) Arsenic 41 75 Cadmium 39 85 Copper 1,500 4,300 Lead 300 840 Mercury 17 57 Molybdenum n/a 75 Nickel 420 420 Selenium 100 100 Zinc 2,800 7,500 4. When residuals are distributed under the conditions of this permit, one of the Class A pathogen requirements in 40 CFR 503.32(a) shall be met. Additionally, an evaluation shall be performed that demonstrates the product's ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. 5. No product containing animal residuals that is classified as a hazardous or toxic waste under 40 CFR Part 261 shall be sold or given away for application to the land under the conditions of this permit. III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The animal residuals distribution program shall be effectively maintained and operated at all times as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. 2. In the event that the animal residuals distribution program is not operated satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease distribution of residuals to the sites impacted. In addition, the Permittee shall contact the Aquifer Protection Section of the appropriate Division regional office, and take any immediate corrective actions as may be required by the Division. These action(s) do not prevent the Division from subsequently taking actions in response to any violations consistent with the condition of this permit, North Carolina Administrative Code rules, regulations, and the NC General Statutes. 3. This permit shall become voidable and may be rescinded by the Division in the event of failure of the animal residuals distribution program to adequately meet the conditions of this permit and protect the assigned water quality standards of the surface waters and groundwater. WQ0018347 Version 2.1 Shell Version 090204 Page 2 of 7 4. A label shall be affixed to the bag or other container in which residuals that are sold or given away, or an information sheet shall be provided to the person who receives the residuals sold or given away in other containers. The label or information sheet shall contain the following information: a. The name and address of the person who prepared the product containing animal residuals that is sold or given away in a bag or other container for application to the land. b. A statement that application of the residuals to the land is prohibited except in accordance with the instructions on the label or information sheet. c. A statement which identifies that this material shall be prevented from entering any public or private water supply source (including wells) and any stream, lake, or river. d. A statement that the application of the product containing animal residuals shall not be applied to any land that is flooded, frozen, or snow-covered. IV. MONITORING AND REPORTING REQUIREMENT'S 1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. 2. An analysis shall be conducted on the animal residuals product generated for distribution at the frequency listed in the most recently certified Attachment A of this permit. The results shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Magnesium pH Ammonia -Nitrogen` Mercury Plant Available Nitrogen (by calculation) Arsenic Molybdenum Selenium Cadmium Nickel Sodium Calcium Nitrate -Nitrite Nitrogen % Total Solids Copper Phosphorus TKN Lead Potassium Zinc After the residuals generated by a particular residuals source -generating facility have been monitored for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of this monitoring requirement. In no case, however, shall the frequency of this monitoring be less than once per year when the product containing animal residuals is sold or given away for application to the land during that year. The product containing animal residuals shall be monitored by the Penmittee for compliance with Condition 11.4. at the frequency specified in the most recently certified Attachment of this permit. The results of all analysis as well as data to verify stabilization of the product shall be maintained on file by the Permittee for a minimum of five (5) years. The required data shall be specific to the stabilization process utilized, and should be sufficient to clearly demonstrate compliance with the Class A pathogen requirements in 40 CFR Part 503.32(a). In addition, the EPA certification statement concerning compliance with pathogen requirements shall be completed by the proper authority (either the person who generates the product containing animal residuals or the person who prepares the product to be sold or given away for application to the land) at the frequency specified in the most recently certified Attachment A of this permit. WQ0018347 Version 2.1 Shell Version 090204 Page 3 of 7. 4. Laboratory analyses of parameters as required by Conditions IV. 2. and IV.3. shall be performed/gathered on the product containing animal residuals as it is to be distributed. 5. Laboratory analyses of parameters as required by Conditions IV. 2. and IV.3. shall be in accordance with 15A NCAC 02B .0505. 6. Proper records shall be maintained by the Permittee to track all distribution activities within the state of North Carolina. These records shall include, but are not necessarily limited to, the following information: a. Source and amount (i.e., volume), and analysis of each product containing animal residuals. b. Name of the initial recipient of the product containing animal residuals, the amount (i.e., volume) distributed, and the intended use. 7. All records required as part. of this permit shall be retained a minimum of five years. Three copies of an annual report shall be submitted on or before March 151. The annual report shall meet the requirements described in the Instructions For Residuals Application Annual Reporting Forms. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http://h2o.enr.state.nc.us/lau/compliance.html, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: NCDENR-DW Q Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 9. Noncompliance Notification The Permittee shall report by telephone to the Aquifer Protection Section of the nearest Division of Water Quality Regional Office (see permit Page 8 for regional office listing and contact information) as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence with the distribution program which results in the land application of significant amounts of wastes which are abnornial in quantity or characteristic. b. Any failure of the distribution program resulting in a release of material to receiving waters. c. Any time that self -monitoring information indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residuals treatment. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals. Any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours must be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733- 3300. Persons reporting such occurrences by telephone shall also file a written report in letter forn within five (5) days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. WQ0018347 Version 2.1 Shell Version 090204 Page 4 of 7 V. INSPECTIONS The Permittee or his designee shall inspect the residuals storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. 2. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. V. GENERAL CONDITIONS This permit shall become voidable unless the activities of the animal residuals distribution program are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action 1by the Division in accordance with North Carolina General Statutes § 143- 215.6A through § 143-215.6C. 4. The annual administering and compliance fee shall be paid by the Permittee within 30 days of being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit, as specified by 15 NCAC 2T .0105 (e). The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Pen -nit NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500. 6. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. 7. This pen -nit shall not be automatically transferable. In the event that there is a desire for the class A residuals management program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. WQ0018347 Version 2.1 Shell Version 090204 Page 5 of 7 IDIVISION OF WATER QUALITY REGIONAL OFFICES Asheville Regional Office Washington Regional Office Raleigh Regional Office 2090 U.S. Hwy 70 943 Washington Square Mall 3800 Barrett Drive Swannanoa, NC 28778 Washington, NC 27889 Raleigh, NC 27609 (828)296-4500 (919)946-6481 (919)791-4200 Fax (828) 299-7043 Fax (919) 975-3716 Fax (919) 571-4718 Avery Macon Beaufort Jones Chatham Nash Buncombe Madison Bertie Lenoir Durham Northampton Burke McDowell Camden Martin Edgecombe Orange Caldwell Mitchell Chowan Pamlico Franklin Person Cherokee Polk Craven Pasquotank Granville Vance Clay Rutherford Currituck Perquimans Halifax Wake Graham Swain. Dare Pitt Johnston Warren Haywood Transylvania Gates Tyrell Lee Wilson Henderson Yancy Greene Washington Jackson Hertford Wayne Hyde Fayetteville Regional Office Mooresville Regional Office Wilmington Regional Office Systel Building, Suite 714 610 East Center Avenue, Suite 301 127 Cardinal Drive Extension - Fayetteville, NC 28301 Mooresville, NC 28115 Wilmington, NC 28405-3845 (910)433-3300 (704)663-1699 (910)796-72f5 Fax (910) 486-0707 Fax (704) 663-6040 Fax (910) 350-2004 Anson Alexander Lincoln Brunswick New Hanover Bladen Robeson Cabarrus Mecklenburg Carteret Onslow Cumberland Richmond Catawba Rowan Columbus Pender Harnett Sampson Cleveland Stanly Duplin Hoke Scotland Gaston Union Montgomery Moore Iredell Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 (910)771-5000 Fax (910) 771-4631 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford WQ0018347 Version 2.1 1Shell Version 090204 Page 7 of 7 G OF W A TR Michael F. Easley, Governor \O� QG William G. Ross Jr., Secretary rNorth Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Divis�tt,of�lateFQeality- i�r-, ra (r-a Fe n U October 14, 2005 LL� MR. JEFFREY J. HOWARD, PROJECT MANAGER T 1 4 2005NovOZYMES BIOLOGICALS, INC. c/o REGISTRATION BY DESIGN, INC. DEhlFt MRO 118 '/z E. MAIN ST, SUITE 1Aquifer Protection SALEM VA 24153 Subject: Permit No. WQ0018347 Novozymes Biologicals,. Inc. dry roots (3-3-3), endo roots (3-3-4), M-roots (3-3-3), and 1-step (2-2-2) Distribution Program Distribution of Animal Residual Solids Roanoke County, Virginia Dear Mr. Howard: In accordance with your change of ownership request received on March 5, 2005 and a permit renewal application package received on August 29, 2005 as well as additional information received October 4, 2005 and October 6, 2005; we are forwarding herewith Permit No. WQ0018347, dated October 14, 2005, to Novozymes Biologicals, Inc, for the subject animal residuals distribution program. This permit shall be effective from the date of issuance until September 30, 2010; shall void Permit No. WQ0018347, issued to Roots, Inc. on October 18, 2000;shall be subject to the conditions and limitations as specified therein. Make note of this permit's expiration date and the fact that a permit renewal application is due to the Division of Water Quality (Division) no later than six months prior to that date (i.e., see Condition V. 7.), as the Division does not send reminders to apply for permit renewal. Be aware that payment of the annual administering and compliance fee, as stipulated in Condition V. 4. will not automatically renew this permit. This permit approves the continued operation of program for another five-year cycle for the distributionof a composted fertilizer/soil amendment product, containing poultry animal residuals, that meets exceptional quality standards and is marketed under the names dry roots (3-3-3), endo roots (3-3- 4), M-roots (3-3-3), and 1-step (2-2-2) throughout the State of North Carolina (i.e., in bulk and in bags). Note that this permit does not concurrently provide a license to distribute a fertilizer, as is required by the . . Fertilizer Section of the NC Department of Agriculture and Consumer Services' Plant Industry Division. More information about applying for this license . may be found at the following web site: hILtp://www.ncap,r.coM/plantind/fert/ferlics.htm. Please take the time 'to review this permit thoroughly. Pay particular attention to the monitoring requirements in this .permit. Be aware that failure to establish an adequate system for collecting, maintaining, and submitting the required operational information will result in future compliance problems. No�se nCarolina Naturalll Aquifer Protection Section ° 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919)715-6048 An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Mr. Jeffrey J. Howard October 14, 2005 Page 2 If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the from of a written petition, conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need any additional information concerning this matter, please contact Mr. J R Joshi by telephone at (919) 715-6698, or via e-mail atjayajoshi@ncmall.net. Sincerely, for Alan W. Klimek, P.E. cc: VA Dept. of Environmental Quality NC Department of Agriculture and Consumer Services -Plant Industry Division (Fertilizer Section) Asheville Regional Office -Aquifer Protection Section Fayetteville Regional Office -Aquifer. Protection Section tl�iIooresvi41e1�Rre"gi�aF('�'�`€fce-Aqurfe Prote tion See"tion Raleigh Regional Office -Aquifer Protection Section Washington Regional Office -Aquifer Protection Section Wilmington Regional Office -Aquifer Protection Section Winston-Salem Regional Office -Aquifer Protection Section APS Central Files APS Files LAU Residuals Program Coordinator NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF ANIMAL RESIDUAL SOLIDS PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO .-- Novozymes Biologicals, Inc. Roanoke County, Virginia FOR THE Continued operation of a program for the distribution of up to 300 dry tons per year of a, composted fertilizer/soil amendment product, containing poultry animal residuals, that meets exceptional quality standards and is marketed under the name dry roots (3-3-3), endo roots (3-3-4), M-roots (3-3-3), and I - step (2-2-2) throughout the State of North Carolina (i.e., in bulk and in bags). The program shall be operated such that no discharge of waste to surface waters occurs, pursuant to your change of ownership request received on March 5, 2005 and a permit renewal application package received on August 29, 2005 as well as additional information received October 4, 2005 and October 6, 2005; and in conformity with the project plan, specifications,, and other supporting data subsequently filed. and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from. the date of issuance until September 30, 2010 and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. The distribution program shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastes to waters of the state resulting from the operation of this program. 2. This permit shall become voidable in the event of failure of the distribution program to adequately protect the assigned . water quality standards of the- surface waters and groundwater. 3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface water or groundwater resulting from the operation of this distribution program. 1 110 4. In the event that the distribution program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall take any immediate corrective actions as may be required by the Division of Water Quality (Division). When product containing animal residuals is sold or given away for application to the land under the conditions of this permit, one of the Class A pathogen requirements in 40 CFR Part 503.32(a) shall be met. Additionally, an evaluation shall be performed which demonstrates the product's ability to comply with this requirement. Upon request, a copy, of this evaluation, including all test results and calculations, shall be submitted. 6. No product containing animal residuals that tests or is classified as a hazardous or toxic waste under 40 CFR Part 261 shall be sold or given away for application to the land under the conditions of this permit. OPERATION AND MAINTENANCE REQUIREMENTS 1. The distribution program shall be properly operated and maintained at all times. 2. No product containing animal residuals other than that generated by the following facility shall be approved for distribution in accordance with this permit: Permit Volume Facility County Number (Dry Tons/Year) Novozymes Biologicals, Inc. Roanoke (VA) N/Aa 700.0 (d/b/a dry roots (3-3-3), endo roots (3-3-4), M-roots (3-3-3), and 1-step (2-2-2) in NC) aThe composting operations are at Daylay Egg Farms, Inc. 11177 Road 133, West Mansfield, OH 43358. However, the final formulations are made at the Novozymes facilities at Salem, VA. 3. No other product containing animal residuals other than that from the facility specified in Condition II. 2. shall be distributed under the conditions of this permit. The Permittee shall request and obtain a permit amendment from the Division for each additional facility prior to allowing distribution through this program. 4. For a product containing animal residuals to be sold or given away in bags or other container for application to the land under the conditions of this permit, the following shall be satisfied: The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average Concentrations (Dry Weight Basis) shall be maintained: Ceiling Monthly Average Concentrations Concentrations Parameters (MAK) (mglkQ) Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 2 5. When distributed under the conditions of this permit, a label shall be affixed to the bag or other container in which the product containing animal residuals is sold or given away for application to the land, or an information sheet shall be provided to the person who receives the product containing animal residuals sold or given away in another container for application to the 'land. The label or information sheet shall contain the following minimum information: a. The name and address of the person who prepared the product containing animal residuals that is sold or given away in a bag or other container for application to the land. b. A statement that application of the product containing animal residuals to the land is prohibited except in accordance with the instructions on the label or information sheet. c. A statement that adequate procedures shall be provided to prevent surface runoff from. carrying any disposed or stored product containing, animal residuals into any surface waters. a. A statement -to help prevent direct application of the product containing animal residuals to water supply sources and all other waters of the state. For example, "as with any fertilizer product, do not apply in or near any water supply source or any body of water, including wells, streams, rivers, and lakes." _ d. A statement that application of he product, containing animal residuals shall not be applied to any land that is flooded, frozen, or snow-covered. III. MONITORING AND REPORTING REQUIREMENTS 1. Any monitoring (i.e., including groundwater, surface water, residuals, soil," or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established and an acceptable sampling and reporting schedule shall be followed. 2. Proper records shall_ be maintained by the Permittee to track all distribution activities within the State of North Carolina. These records shall include, but are not necessarily limited to, the following information: a. Source, amount (i.e., volume), and analysis of each.product containing animal residuals. b. Name of the initial recipient of the product containing animal residuals, the amount (i.e., volume) distributed, and the intended use. 3. An analysis shall be conducted by the.Permittee on the product containing animal residuals at least quarterly from the date of permit issuance. The results of all analyses shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include the following parameters: ' Aluminum Magnesium Phosphorus Ammonia -Nitrogen Mercury Potassium Arsenic Molybdenum Selenium Cadmium Nickel Sodium Calcium Nitrate -Nitrite Nitrogen Total Kjeldahl Nitrogen Copper Percent Total. Solids Zinc Lead pH " Plant Available Nitrogen (by calculation) 3 After the product containing animal residuals has been monitored for two years at the above - listed frequency, the Permittee may submit a request to the Division for a permit modification 'to reduce the frequency of this monitoring requirement. In no case, however, shall the frequency of this monitoring be less than once per year when the product containing animal residuals is sold or given away for application to the land during that year. 4. The product containing animal residuals shall be monitored by the Permittee at quarterly for compliance with Condition I. 5. of this permit. The monitoring_ frequency cycle shall start on the date of permit issuance, and the results of all analyses shall be maintained on file by the Permittee for a minimum of five years. Data to verify stabilization of the product shall be .maintained by the Permittee.. The required data shall be specific to the stabilization process utilized, but should be sufficient to demonstrate compliance with the Class A pathogen requirements in 40 CFR Part 503.32(a) clearly. In addition, the EPA certification statement concerning compliance with pathogen requirements shall be completed at the above frequency by the proper authority or authorities if more than one is involved, either the person who generates the product containing animal residuals or the person who prepares the . product to be sold or given away for application to the land. 5: Laboratory analyses and/or operational data, as required by Condition III. 3., and Condition III. 4. shall be performed/gathered on the product containing animal residuals as it is to be distributed. . Furthermore, analytical determinations made pursuant to the. monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division for the required parameter(s) under 15A KC -AC 2H .0800 or 15A NCAC 2H .1100. 6. Three copies of all required monitoring and reporting requirements as specified in Condition III. L, Condition III. 2., Condition III. 3., Condition III. 4., and Condition Ill. 5. shall be submitted annually on or before March 1" of the year following the distribution event to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 7. Noncompliance Notification: The Permittee shall report by,telephone to -the Aquifer Protection Section of the appropriate Division regional office (i.e., see Attachment A) as soon as possible, but in no case more than 24 hours or on the next working -day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence with the distribution program that results'in the distribution of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the distribution program resulting in a release of material . to receiving waters. c. Any time that self -monitoring information indicates that the distribution program has gone out of compliance with the conditions and, limitations. of this permit or the parameters on which the facility was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate treatment. 4 e, Any spillage or discharge from a vehicle or piping system; during transportation of residuals or product containing animal residuals. Persons reporting such occurrences by telephone shall also file, a written report in letterform. within five days following first knowledge of the occurrence. Thisreport shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. INSPECTIONS 1. The Permittee or his designee shall inspect the storage, transport, and treatment facilities related to the distribution program to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes. to the environment; a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This, log of inspections shall be maintained by the Permittee .for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. 2. Any duly authorized officer, employee, or representative of the Division may, . upon presentation of credentials, enter and inspect any property, premises or place on or related to the distribution program at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may, obtain samples of groundwater, surface water, or leachate. V. GENERAL CONDITIONS 1. This permit shall become voidable unless the distribution program is operated in accordance with the conditions of this permit, the supporting materials, and in the. manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of product containing animal residuals described in the application and other supporting data. 3.'. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by. the Division in accordance with North Carolina General Statutes § 143-215.6A through § 143-215.6C. 4. The annual administering and compliance fee shall be paid by the Permittee within 30 days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit, as specified by 15 NCAC 2H .0205 (c)(4). 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable river buffer rules in 15A NCAC, 2B .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, . and any requirements pertaining.to wetlands under 15A NCAC 2B .0200 and 15A NCAC .0500. 5 6. This permit may be modified, revoked, and/or reissued to incorporate. any conditions,. limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. 7. The Permittee, at least six months prior to the expiration of this permit, shall request its extension. Upon 'receipt of the request, the Division shall review the adequacy of the distribution program described therein, and if warranted, shall extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. 8. This permit shall not be automatically transferable. In the event that there is`a desire for the distribution program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Permit issued this the fourteenth day of October, 2005: NORTH CAROLINA ENV NMENTAL MANAGEMENT COMMISSION for A n W. Klimek, P.E., Director. Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0018347 6 Attachment A„ DIVISION OF WATER QUALITY REGIONAL OFFICES Asheville Regional Office Fayetteville Regional Office Mooresville Regional Office APS Supervisor APS Supervisor APS Supervisor 2090 U.S. Highway 70. Wachovia Building, Suite 714 610 E. Center Ave./ Suite 301 Swannanoa, NC 28778 " Fayetteville, NC 28301 Mooresville, 628115 Phone: (828) 296-4500 Phone: (910) 486-1541 1699 Phone: (704) 6631699 - Fax: (828) 299-7043 Fax: (910) 486-0707 Fax: (704) 663-6040 Avery Macon Anson Moore Alexander Lincoln Buncombe Madison Bladen Robeson Cabarrus Mecklenburg Burke McDowell Cumberland Richmond Catawba Rowan Caldwell Mitchell Harnett' Sampson Cleveland Stanly . Cherokee Polk Hoke Scotland Gaston Union Clay Rutherford Montgomery Iredell Graham Swain . Haywood Transylvania Henderson Yancey J k ac son Raleigh Regional Office APS Supervisor 3800 Barrett Drive Raleigh, NC 27609 Phone: (919) 791-4200 Fax: (919) 57.1-4718 Chatham Nash Durham Northampton Edgecombe Orange Franklin Person Granville Vance Halifax Wake Johnston Warren Lee" Wilson Winston-Salem Regional Office APS Supervisor 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600. Fax: (336) 771-4630 . Alamance Rockingham Alleghany Randolph Ashe Stokes :. Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford Washington Regional Office APS Supervisor. 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 Fax: (252) 946-9215 Beaufort Jones Bertie Lenoir Camden Martin Chowan Pamlico Craven Pasquotank Currituck Perquimans Dare Pitt Gates Tyrell . Greene Washington Hertford Wayne Hyde Wilmington Regional Office APS Supervisor 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910) 796-7215 Fax: (910) 350-2004 Brunswick . New Hanover Carteret Onslow Columbus Pender Duplin 7