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WQ0001318_Regional Office Historical File Pre 2018
R1= pF Vd A TF,Q �`f' 3'sa.�s.V wc+� Michael F. Easley, Governor Q C I V O G - S FP �'�'William G. Ross Jr., Secretary j r � 5E� t OF ENARONgAENT o��C�arolin Department �fEnvironment and Natural Resources . NT AND NATURAL RESOURCES �" i� �: ��_� fa � Alan W. Klimek, P.E. Director �lOOREM : �� I E YZ�i0��IAI Q r' %ap �'�y Division of Water Quality .t..M 8 `L45*�- August 26, 2005 LB MR. ROGER SPACH, WATER RESOURCES SUPERINTENDENT 3 1cuuuCITY OF LEXINGTON 28 WEST CENTER STREET LEXINGTON, NC 27292 Subject: Permit No. WQ0001318 City of Lexington Lexington Compost Production and Distribution Program Distribution of Residual Solids (503) Davidson County Dear Mr. Spach: In accordance with your permit renewal application package received on October 15, 2003; we are forwarding herewith a renewed and modified Permit No. WQ0001318, dated August 26, 2005, to the City of Lexington for the subject Class A EQ residuals product composting and distribution program. This permit shall be effective from the date of issuance until July 31, 2010; shall void Permit No. WQ0001318, issued on June 1, 1999; and 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 VI. 7.), as the Division does not send reminders to apply for permit renewal. This permit has been issued to approve the operation of a program to produce and distribute City of Lexington's Lexington Compost within the State of North Carolina for another five-year cycle. At your request, the Town of Denton has been deleted as a residuals -source generating facility and, hence, reducing the maximum dry tonnage approved to 830.0 dry tons (see Condition II.2). As always, remember to take the time to review this permit thoroughly, as some of the conditions contained therein may have been added, changed, or deleted since the last issuance. Pay particular attention to the monitoring requirements in this permit. Please be aware that failure to establish an adequate system for collecting, maintaining, and submitting the required operational information will result in future compliance problems. 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. Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper SEP agy. o: "�"ys' li ©Allvj£NT c a, , REaOUR,CC3 N°o e hCarolina f t� Al�l atlj,r FioC�9j2] Customer Service Fax (919)715-0588 1-877-623-6748 Fax (919)715-6048 If you need any additional ::informatibri: concerning this matter; please contact J. R. Joshi by telephone at (919) 715-6698, or via e-mail at jaya.joshi @ncmail.net. Sincerely, i for Alan W. Klimek, P.E. 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 Office -Aquifer Protection Section Raleigh Regional Office -Aquifer Protection Section Washington Regional Office -Aquifer Protection Section ilmingtori`Regional Office -Aquifer Protection Section T Winston-Salem Regional Office -Aquifer Protection Section APS Central Files (WQ0001318) APS Files pppppppp NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF RESIDUAL SOLIDS (503) 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 City ®f Lexington Davidson County FOR THE continued operation of a program for the distribution of up to 830 dry tons per year of a Class A EQ residuals product marketed as Lexington Compost. The program shall be operated such that no discharge of waste to surface waters occurs, pursuant to the permit renewal and modification application package received on October 15, 2003; 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 pen -nit. This permit shall be effective from the date of issuance until July 31, 2010; shall void Permit No. WQ0001318, issued on June 1, 1999; and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS The Class A EQ residuals product 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 this program. 2. This permit shall become voidable in the event of failure of the Class A EQ residuals product distribution program to adequately protect the assigned water quality standards of the surface waters and groundwater. The issuance of this permit shall not relieve the Pennittee of the responsibility for damages to surface water or groundwater resulting from the Class A EQ residuals product distribution program. 4. In the event that the Class A EQ residuals product 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 wastewater residuals are sold or given away, one of the Class A pathogen requirements in 40 CFR Part 503.32(a) and one of vector attraction reduction requirements in 40 CFR Part 503.33 shall be met. Additionally, an evaluation shall be performed which demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. 6. No Class A EQ residuals product that tests or is classified as a hazardous or toxic waste under 40 CFR Part 261 shall be sold or given away under the conditions of this permit. II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The residuals composting facility and Class A EQ residuals product distribution program shall be properly operated and maintained at all times. 2. No Class A EQ residuals product other than that generated by the following residuals source - generating facilities shall be approved for distribution under the Class A EQ residuals product distribution program in accordance with this permit: Permittee / Residuals Permit Maximum Source -Generating Product County Number Dry Tons Facility per Year City of Lexington WWTP Lexington Compost _Davidson NC00558764 800.00 City of Lexington - Miscellaneous waste (i.e. Lexington Compost Davidson NC00558764 30.00 grits and grease) a This is the amount of residual biosolids approved for composting from each residuals source -generating facility and is not the amount of Class A EQ residuals product generated at this facility. No other residuals or Class A EQ residuals product other than that from the residuals source - generating facilities specified in Condition H. 3. may be distributed under this permit. The Permittee shall request and obtain a permit amendment from the Division for each additional residual source -generating facility prior to acceptance of those residuals for distribution through the approved Class A EQ residuals product distribution program. 4. All residuals and Class A EQ residuals product shall be adequately stored to prevent leachate runoff. The Class A EQ residuals product may be stored in an elevated silo, placed on a concrete pad, kept under shelter, covered, or stored in a manner as otherwise approved by the Division until such time as it is distributed to the user. If an alternative storage site is to be used, approval shall first be obtained from the Division. 5. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from the Class A EQ residuals product. 2 6. For a Class A EQ residuals product to be sold or given away in bags or other container for application to the land, the following shall be satisfied: The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly. Average Concentrations (Dry Weight Basis) shall be maintained: Parameter Ceiling Concentration (milligrams per kilogram) Monthly Average Concentration (milligrams per kilogram) Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Molybdenum 75 n/a Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 A label shall be affixed to the bag or other container in which a Class A EQ residuals product is sold or given away for application to the land, or an information sheet shall be provided to the person who receives the Class A EQ residuals product sold or given away in another container for application to the land. The label or information sheet shall contain the following information: a. The name and address of the person who prepared the Class A EQ residuals product that is sold or given away in a bag or other container for application to the land. b. A statement that application of the Class A EQ residuals product to the land is prohibited except in accordance with the instructions on the label or information sheet. c. A statement regarding all buffers from the area to which the Class A EQ residuals product is applied, including a minimum 10-foot buffer from any public or private water supply sources (i.e., including wells), streams, lakes, rivers, or drainageways. d. A statement that the Class A EQ residuals product shall not be applied to any site that is flooded, frozen, or snow-covered. e. A statement that adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored Class A EQ residuals product into any surface waters. III. MONITORING AND REPORTING REQUIREMENTS 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 Class A EQ residuals product distribution activities. These records shall include, but are not necessarily limited to, the following information:. . a. Analysis of the Class A EQ residuals product. b. Name of the initial recipient of the Class A EQ residuals product, the amount distributed, and the intended use. The Class A EQ residuals product shall be analyzed to demonstrate that they are non- hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the Permittee once per permit cycle, and the results of the analyses shall be maintained on file by the Permittee for a minimum of five years. The TCLP analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) Barium (100.0) Benzene (0.5) Cadmium (1.0) Carbon tetrachloride (0.5) Chlordane (0.03) Chlorobenzene (100.0) Chloroform (6.0) Chromium (5.0) m-Cresol (200.0) o-Cresol (200.0) p-Cresol (200.0) Cresol (200.0) 2,4-D (10.0) 1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) 1,1-Dichloroethylene (0.7) Pyridine (5.0). 2,4-Dinitrotoluene (0.13) Selenium (1.0) Endrin (0.02) Silver (5.0) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5) Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0) Lead (5.0) 2,4,6-Trichlorophenol (2.0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0) Mercury (0.2) Vinyl chloride (0.2) Methoxychlor (10.0) Methyl ethyl ketone (200.0) After the Class A EQ residuals product has been monitored for two years at an annual 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 permit cycle when the Class A EQ residuals product is sold or given away during that year. 4 pppppppp- 4. An analysis shall be conducted by the Permittee on -the Class A EQ residuals product at a frequency that is dependent on the dry tons of Class A EQ residuals product distributed or expected to be distributed during the calendar year for application to the land. The monitoring frequency schedule shall be as stipulated in the following table: Amount of Product Amount of Product Distributed for Distributed for Application to the Land Application to the Land Monitoring Frequency (metric tons per (short tons per 365-day period) 365-day period) 0 < mDT/yr < 290 0 < DT/yr < 319 Once per Year 290:5 mDT/yr < 1,500 319 < DT/yr < 1,650 — Once per Quarter (Four Times per Year) 1,500:5 mDT/yr < 15,000 1,650 < DT/yr < 16,500 — Once per 60 Days (Six Times per Year) 15,000 < mDT/yr 16,500 < DT/yr — . Once per Month (12 Times per Year) 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 minimum parameters: Aluminum Magnesium Phosphorus Ammonia -Nitrogen Mercury Potassium Arsenic Molybdenum Selenium Cadmium Nickel Sodium Calcium Nitrate -Nitrite Nitrogen Total Kjeldahl Nitrogen Copper PH Total Solids (Percent) Lead Plant Available Nitrogen (By Calculation) Zinc .5. The Class A EQ residuals product shall be monitored by the Permittee for compliance with Condition I. 5. of this permit at a frequency that is dependent on the dry tons of Class A EQ residuals product distributed or expected to be distributed during the calendar year for application to the land. The monitoring frequency schedule shall be as stipulated in the following table: Amount of Product Amount of Product Distributed for Distributed for Application to the Land Application to the Land Monitoring Frequency (metric tons per (short tons per 365-day period) - 365-day period) 0 < mDT/yr < 290 0 < DT/yr < 319 Once per Year 290 < mDT/yr < 1,500 319 < DT/yr < 1,650 — Once per Quarter (Four Times per Year) 1,500 < mDT/yr < 15,000 — 1,650 < DT/yr < 16,500 Once per 60 Days (Six Times per Year) 15,000 < mDT/yr 16,500 < DT/yr Once per Month (12 Times per Year) The results of all analyses and records of all operational data 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) and the vector attraction reduction requirements in 40 CFR Part 503.33 clearly. In addition, the Environmental Protection Agency (EPA) certification statements concerning compliance with pathogen requirements, vector attraction reduction requirements, and management practices 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 residuals or the person who prepares the Class A EQ residuals product to be sold or given away for application to the land. 6. Laboratory analyses and/or operational data, as required by Condition III. 4., and Condition III. 5. shall be perfornzed/gathered on the Class A EQ residuals product 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 NCAC 21-1.0800 or 15A NCAC 2H .1100. 7. Three copies. of all required monitoring and reporting requirements as specified in Condition III. 1., Condition III. 3., Condition III. 4., Condition III. 5., and Condition III. 6. 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 Noncompliance Notification: The Permittee shall report by telephone to the nearest Aquifer Protection Section of Division's Regional Office (see Attachment 1), 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 Class A EQ residuals product distribution program that results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the Class A EQ residuals product distribution program resulting in a release of material to receiving waters. Any time that self -monitoring information indicates that the Class A EQ residuals product distribution program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any spillage or discharge from a vehicle or piping system during transportation of residuals or Class A EQ residuals product. Persons reporting such occurrences by telephone shall also file "a written report in letterform within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. PPPPP I pp, . - -P IV:... INSPECTIONS 1. The Permittee or his designee shall inspect the facilities related to the Class A EQ residuals product distribution program, residuals storage, and transport facilities 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,,s employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related, to " Class A EQ residuals product distribution program at any reasonable time for the'purpose of determining compliance with this permit; may inspect or copy any records that mustbe kept under the. terms and conditions of this permit; and may obtain" samples of groundwater; surface water, or leachate: VI. GENERAL CONDITIONS L This permit shall become voidable unless Class A EQ residuals product distribution program are 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 , 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 .0206, 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: 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 Class A EQ residuals product 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 - Class A EQ residuals product 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 tw my -sixth day of August, 20..05. NORTH CAR INA ENV ENTAL MANAGEMENT COMMISSION Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0001318 PPPPPP1PP ATTACHMENT 1 DIVISION OF WATER QUALITY REGIONAL OFFICES Asheville Regional Office Washington Regional Office Raleigh Regional Office 2090 U.S. Hwy 70 Washington Square Mall 3800 Barrett Drive Swannanoa, NC 28778 Washington, NC 27889 Raleigh, NC 27609 (828)296-4500 (919) 946-6481 (919)571-4700 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 714 919 North Main Street 127 Cardinal Drive Extension Fayetteville, NC 28301 Mooresville, NC 28115 Wilmington, NC 28405-3845 (910)486-1541 (704)663-1699 (910)796-7215 Fax (910) 486-0707 Fax (704) 663-6040 Fax (910) 350-2004 Anson Moore 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 Iredell Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 (910)771-4600 Fax (910) 771-4631 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford .0 Y Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources CE August 26, 2005 U AUG 3 1 2005 MR. ROGER SPACH, WATER RESOURCES SUPERINTENDENT CITY OF LEXINGTON NC DENR N1R0 28 WEST CENTER STREET DWQ -Aquifer Protection LEXINGTON, NC 27292 Subject: Permit No. WQ0001318 City of Lexington Lexington Compost Production and Distribution Program Distribution of Residual Solids (503) Davidson County Dear Mr. Spach: In accordance with your permit renewal application package received on October 15, 2003; we are forwarding herewith a renewed and modified Permit No. WQ0001318, dated August 26, 2005, to the City of Lexington for the subject Class A EQ residuals product composting and distribution program. This permit shall be effective from the date of issuance until July 31' 2010; shall void Permit No. WQ0001318, issued on June 1, 1999; and 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 VI. 7.), as the Division does not send reminders to apply for permit renewal. This permit has been issued to approve the operation of a program to produce and distribute City of Lexington's Lexington Compost within the State of North Carolina for another five-year cycle. At your request, the Town of Denton has been deleted as a residuals -source generating facility and, hence, reducing the maximum dry tonnage approved to 830.0 dry tons (see Condition II.2). As always, remember to take the time to review this permit thoroughly, as some of the conditions contained therein may have been added, changed, or deleted since the last issuance. Pay particular attention to the monitoring requirements in this permit. Please be aware that failure to establish an adequate system for collecting, maintaining, and submitting the required operational information will result in future compliance problems. 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.. - Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Internet: http://h2o.enr.state.ne.us 2728 Capital Boulevard Raleigh; NC 27604 Phone (919) 733-3221 Fax (919)715-0588 Fax (919)715-6048 Noce hCarolina atura!!y Customer Service 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Mr. Roger Spach ` a» August 26, 2005 Page 2 If you need . any, additional information concerning this matter, please contact J. R. Joshi by telephone at (919) 715-6698, oryia e-mail atJaya joshi @ncmail.net. i' , Sincerely, for Alan W. Klimek, P.E. 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 FNlooresy_ille Regional_Office_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 APS Central Files (WQ0001318) APS Files PPPPPP,PP NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF RESIDUAL SOLIDS (503) 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 City ®f Lexington Davidson County FOR THE continued operation of a program for the distribution of up to 830 dry tons per year of a Class A EQ residuals product marketed as Lexington Compost. The program shall be operated such that no discharge of waste to surface waters occurs, pursuant to the permit renewal and modification application package received on October 15, 2003; 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 July 31, 2010; shall void Permit No. WQ0001318, issued on June 1, 1999; and shall be subject to the following specified conditions and limitations: L PERFORMANCE STANDARDS The Class A EQ residuals product 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 this program. 2. This permit shall become voidable in the event of failure of the Class A EQ residuals product distribution program to adequately protect the assigned water quality standards of the surface waters and groundwater. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface water or groundwater resulting from the Class A EQ residuals product distribution program. 4. In the event that the Class A EQ residuals product 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 wastewater residuals are sold or given away, one of the Class A pathogen requirements in 40 CFR Part 503.32(a) and one of vector attraction reduction requirements in 40 CFR Part 503.33 shall be met. Additionally, an evaluation shall be performed which demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. 6. No Class A EQ residuals product that tests or is classified as a hazardous or toxic waste under 40 CFR Part 261 shall be sold or given away under the conditions of this permit. II. OPERATION AND MAINTENANCE REQUIREMENTS The residuals composting facility and Class A EQ residuals product distribution program shall be properly operated and maintained at all times. 2. No Class A EQ residuals product other than that generated by the following residuals source - generating facilities shall be approved for distribution under the Class A EQ residuals product distribution program in accordance with this permit: Permittee / Residuals Permit Maximum Source -Generating Product County Number Dry Tons Facility per Year City of Lexington WWTP Lexington Compost Davidson NCO0558764 800.00 City of Lexington - Miscellaneous waste (i.e. Lexington Compost Davidson NCO0558764 30.00 grits and grease) a This is the amount of residual biosolids approved for composting from each residuals source -generating facility and is not the amount of Class A EQ residuals product generated at this facility. No other residuals or Class A EQ residuals product other than that from the residuals source - generating facilities specified in Condition II. 3. may be distributed under this permit. The Permittee shall request and obtain a permit amendment from the Division for each additional residual source -generating facility prior to acceptance of those residuals for distribution through the approved Class A EQ residuals product distribution program. 4. All residuals and Class A EQ residuals product shall be adequately stored to prevent leachate runoff. The Class A EQ residuals product may be stored in an elevated silo, placed on a concrete pad, kept under shelter, covered, or stored in a manner as otherwise approved by the Division until such time as it is distributed to the user. If an alternative storage site is to be used, approval shall first be obtained from the Division. Adequate provisions shall be taken to prevent wind erosion and surface runoff from . conveying pollutants from the Class A EQ residuals product. 2 pppppppp 6. For a Class A EQ residuals product to be sold or given away in bags or other container for application to the land, the following shall be satisfied: The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average Concentrations (Dry Weight Basis) shall be maintained: Parameter Ceiling Concentration (milligrams per kilogram) Monthly Average Concentration (milligrams per kilogram) Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Molybdenum 75 n/a Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 7. A label shall be affixed to the bag or other container in which a Class A EQ residuals product is sold or given away for application to the land, or an information sheet shall be provided to the person who receives the Class A EQ residuals product sold or given away in another container for application to the land. The label or information sheet shall contain the following information: a. The name and address of the person who prepared the Class A EQ residuals product that is sold or given away in a bag or other container for application to the land. b. A statement that application of the Class A EQ residuals product to the land is prohibited except in accordance with the instructions on the label or information sheet. c. A statement regarding all buffers from the area to which the Class A EQ residuals product is applied, including a minimum 10-foot buffer from any public or private water supply sources (i.e., including wells), streams, lakes,'rivers, or drainageways. - d. A statement that the Class A EQ residuals product shall not be applied to any site that is flooded, frozen, or snow-covered. e. A statement that adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored Class A EQ residuals product into any surface waters. 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 Class A EQ residuals product distribution activities. These records shall include-, but are not necessarily limited to, the following information: a. Analysis of the Class A EQ residuals product. b. Name of the initial recipient of the Class A EQ residuals product, the amount distributed, and the intended use. 3. The Class A EQ residuals product shall be analyzed to demonstrate that -they are non- hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the Permittee once per permit cycle, and the results of . the analyses shall be maintained on file by the Permittee for a minimum of five years. The TCLP analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0). 1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0) Barium (100.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) Benzene (0.5) 1,1-Dichloroethylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5) Chloroform (6.0) Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0) m-Cresol (200.0) Lead (5.0) 2,4,6-Trichlorophenol (2.0) o-Cresol (200.0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0) p-Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2) Cresol (200.0) Methoxychlor (10.0) 2,4-D (10.0) Methyl ethyl ketone (200.0) After the Class A EQ residuals product has been monitored for two years at an annual 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 permit cycle when the Class A EQ residuals product is sold or given away during that year. 4 PPP I PPP 4, An analysis shall be conducted by the Permittee on the Class A EQ residuals product at a frequency- that is dependent on the dry tons of Class A EQ 'residuals product distributed or expected to be distributed during the calendar year for application to the land. The monitoring frequency schedule shall be as stipulated in the following table: Amount of Product Amount of Product Distributed for Distributed for Application to the Land Application to the Land Monitoring Frequency (metric tons per (short tons per 365-day period) ". 365-day period) 0 < mDT/yr < 290 0 < DT/yr < 319 Once per Year 290 <_ mDT/yr < 1,500. 319 < DT/yr < 1650 Once per Quarter (Four Times per Year) 1 500 < mDT/yr < 15,000 1,650 <.DT/yr < 16,500 Once per 60 Days" (Six Times per Year) < 15,000 mDT/yr 16,500 <_ DT/yr Once per Month (12 Times per Year) 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 minimum parameters: Aluminum Magnesium Phosphorus Ammonia -Nitrogen Mercury Potassium Arsenic Molybdenum Selenium Cadmium Nickel Sodium Calcium Nitrate -Nitrite Nitrogen Total Kjeldahl Nitrogen Copper ... PH Total Solids (Percent) Lead Plant Available Nitrogen. (By Calculation) Zinc . 5.- The Class A EQ residuals product shall be monitored by the Permittee for compliance with Condition I. 5. of this permit at a frequency that is dependent on the dry tons of Class A EQ'. residuals product distributed or, expected. to be distributed during . the calendar year for application to the land.. The monitoring frequency schedule shall be, as, stipulated in the following table: Amount of Product Amount of Product Distributed for Distributed for Application to the Land Application to the'Land Monitoring Frequency (metric tons per (short tons per 365-day period) 365-day period) 0 < mDT/yr < 290 0 < DT/yr < 319 Once per Year 290 < mDT/yr < 1,500 319 < DT/yr < 1,650 Once per Quarter (Four Times per Year) 1,500 _<mDT/yr < 1.5,000 1,650 < DT/yr < 16,500 Once per 60 Days (Six Times per Year) 15,000 <_ mDT/yr 16,500 < DT/yr Once per Month (12 Times per Year) The results of all analyses and records of all operational data shall be maintained on file by the Permittee for 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) and the vector attraction reduction requirements in 40 CFR Part 503.33 clearly. In addition, the Environmental' Protection Agency (EPA) certification statements concerning compliance with pathogen requirements, vector attraction reduction requirements, and management practices 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 residuals or the person who .prepares the Class A EQ residuals product to be sold or given away for application to the land. 6. Laboratory analyses and/or operational data, as required by Condition III. 4., and Condition III. ' 5. shall be performed/gathered on the Class A EQ residuals product as it is to be distributed. Furthermore, analytical determinations mad_ e pursuant to the monitoring and reporting requirements of this permit shall be made_ by a laboratory certified by the Division for the required paraineter(s) under 15A NCAC 2H .0800 or 15A NCAC 211.1100. 7. Three copies. of all required monitoring and reporting requirements as -specified in Condition III. 1., Condition III. 3., Condition III. 4.,' Condition III. 5., and Condition III. 6. shall be submitted annually on or before March 15` 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 8. Noncompliance Notification: The Permittee shall report by telephone to the nearest Aquifer Protection Section of Division's Regional Office (see Attachment 1), 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 Class A EQ residuals product distribution program that results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the Class A EQ residuals product distribution program resulting in a release of material to receiving waters: c. Any time that self -monitoring information. indicates that the Class A EQ residuals product distribution program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. -d. Any spillage or ' discharge from a vehicle or piping system during transportation of residuals or Class A EQ residuals product: Persons reporting such occurrences by telephone shall also file a written report in letterform within five days following first knowledge of the. occurrence. This report shall, outline the actions taken or proposed to be taken to ensure that the problem does not recur. 6 _ 1. pppppp� IV. 'INSPECTIONS, 1. The Perrriittee or his designee shall inspect the facilitiesrelated to the Class A EQ residuals product distribution program, residuals storage, and transport facilities 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 Class A EQ residuals product 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. VI. GENERAL CONDITIONS,' 1. This permit shall become voidable unless Class A EQ residuals product distribution program are 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 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. 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. T 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 Class A EQ residuals product 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. Class A EQ residuals product 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 tw my -sixth day of August, 2005. NORTH CAR INA ENV ENTAL MANAGEMENT COMMISSION for •Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0001318 8 pppppppp ATTACHMENT 1 DIVISION OF WATER QUALITY REGIONAL OFFICES Asheville Regional Office Washington Regional Office Raleigh Regional Office 2090 U.S. Hwy 70 Washington Square Mall 3800 Barrett Drive Swannanoa, NC 28778 Washington, NC 27889 Raleigh, NC 27609 (828)296-4500 (919)946-6481 (919)571-4700 Fax (828) 299-7043 Fax (919) 975-3716 Fax (919) 5714718 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 714 919 North Main Street 127 Cardinal Drive Extension Fayetteville, NC 28301 Mooresville, NC 28115 Wilmington, NC 28405-3845 (910)486-1541 (704)663-1699 (910)796-7215 Fax (910) 486-0707 Fax (704) 663-6040 Fax (910) 350-2004 Anson Moore 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 Iredell ° Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 (910)771-4600 Fax (910) 771-4631 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford