HomeMy WebLinkAboutNC0028835_Draft Permit_20210126ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
January 26, 2021
Mr. Timothy Mizelle, Environmental Manager
Perdue Foods, LLC
P.O. Box 460
Lewiston, North Carolina 27849
Subj ect: Draft NPDES Permit Renewal
Permit NCO028835
Perdue Foods Lewiston Facility
Bertie County
Grade IV Biological WPCS
SIC Codes 2015, 2077
Dear Mr. Mizelle:
Enclosed with this letter is a copy of the Draft NPDES permit renewal for your facility. Please
review this draft carefully to ensure thorough understanding of the requirements and conditions it
contains. There are several changes from the existing permit, including the following:
• The NC 2007-2014 Water Quality Standard (WQS) Triennial Review was approved by the
NC Environmental Management Committee (EMC) on November 13, 2014. The US EPA
subsequently approved the WQS revisions on April 6, 2016 with some exceptions. The NC
Division of Water Resources NPDES Permitting Unit is required to implement the new
dissolved metal standards in all permits public noticed after April 6, 2016. The new
standards for most metals include acute standards. Further, the freshwater standards for
several metals are expressed as the dissolved form of the metals, and seven metals have
hardness -dependent equations. As a result, the NPDES Permitting Unit will need site -
specific effluent hardness data and instream hardness data, upstream of the discharge, for
each facility monitoring these metals in order to calculate permit limitations. Effluent
hardness and instream hardness sampling, upstream of the discharge, have been added to
the permit at a monitoring frequency of quarterly [See A. (1.)].
• Within six months of the effective date of this permit, the Permittee shall submit to the
Division EPA Form 2C, Tables A, B, and C, per the instructions [See A. (4)].
• Digital versions of Form 2C can be downloaded from the website:
https://deq.nc. gov/about/divisions/water-resources/water-quality-
permitting/npdes-wastewater/npdes-permitting-process
• Some of the wording has changed in Special Condition A. (2), Chronic Toxicity Permit
Limit, please review each paragraph carefully.
• To make the language more consistent with Division policy and practice, some of the
wording has changed in Special Condition A. (3.) Non -detection Reporting and
Determination of Compliance.
• A notation was made concerning the Electronic Reporting Rule — Phase 2 Extension. EPA
is proposing to extend the Phase 2 deadline from December 21, 2020, to December 21,
2023. The current compliance date will be extended if the implementation date is extended
as a final regulation change in the federal register.
• Parameter codes have been added to the Effluent Limitations and Monitoring Requirements
[ See A. (1.)].
D EQ �� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
Department or Environmental Quality /`� 919.707.9000
The NPDES standard conditions (Parts II, III, and IV) that are a part of the permit are not
included in this draft document (cover, map, and Part 1). The conditions are the same as in
your current permit except that agency and division names have been updated. The latest
version is available at httys://bit.ly/3k5NFat, and can be viewed online or downloaded as a
PDF file.
Concurrent with this notification the Division is publishing a notice in a newspaper having
circulation in the general Bertie County area, soliciting public comments on this draft permit.
Please provide any written comments you may have to the following: NCDEQ/DWR, NPDES
Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617 no later than 30 days
after receipt of this draft permit.
Following the 30-day public comment period, the Division will review all pertinent comments
and take appropriate action prior to issuing a final permit. If you have questions concerning this
draft permit, please contact me at (919) 707-3707 or by email at julia.byrd@ncdenr.gov.
Sincerely,
jW)- a 6 cj
Julia Byrd, Environment Engineer
NPDES Industrial Permitting Unit
Hardeopy: NPDES Files
Ecopy: US EPA Region 4
DWR/Washington Regional Office/Water Quality/Robert Tankard
DWR/Operator Certification Program/Maureen Kinney
DWR/Ecosystems Branch/Mark Vander Borgh
DWR/Aquatic Toxicology Braneh/Zach Thomas & Cindy Moore
Page 2 of 2
Permit NC0028835
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PFRMTT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
Perdue Foods, LLC
is hereby authorized to discharge wastewater from a facility located at the
Perdue Foods Lewiston Facility
3539 Governors Road NC Highway 308
West of Lewiston -Woodville
Bertie County
to receiving waters designated as Roanoke River in the Roanoke River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III, and W hereof.
The permit shall become effective: .............................................................................................. Month xx, 2020.
This permit and the authorization to discharge shall expire at midnight on: ......................... May 31, 2025.
Signed this day: .................... Month xx, 2020.
DRAFT
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit NC0028835
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this
permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive
authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and
provisions included herein.
Perdue Foods, LLC
is hereby authorized to:
1. Continue operation of a 5.0 MGD wastewater treatment facili that includes the following
components:
• Rotary screens
• Static secondary bar screens
• Two (2) anaerobic lagoons, one 20 MG, o G
• One (1) 14 MG facultative equalization ba th aeration
• One (1) 1.8 MG anoxic/ denitrification tank
• One (1) 5.0 MG total barrier oxidation ditch
• Two (2) clarifiers, one 1.2 MG, one 2.0 MG
• Chlorination contact chamber
• Dechlorination system
• Effluent meter/recorder
• Effluent well with transfer pumps
• Two (2) 7 MG waste activate sludge digestion/gravity thickening storage ponds
• Two (2) sludge holding ponds, one 0.6 MG, one 0.65 MG
This facility isl&ated at the Perdue Foods, LLC Lewiston Facility at 3539 Governors Road NC
Highway 8 west of Lewiston -Woodville in Bertie County. 41%k X
2. Discharge treated wastewa
Class C water in the Roano
through Outfall 001 into the Roanoke River, a
location specified on the attached map.
Page 2 of 9
Permit NC0028835
PART
A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade IV Biological Water
Pollution Control System [15A NCAC 08G .0302]
a. Beginning on the effective date of this permit and lasting until permit expiration, the Permittee is
authorized to discharge treated industrial wastewater from Outfall 001. Such discharges shall be
limited and monitored1 by the Permittee as specified below:
PARAMETER
EFFLUENT LIMITATIONS
MONITORING REQUIREMENTS
Monthly Average
Daily Maximum
Measurement
Sample
Sample
Parameter Code
Frequency
Type
Location2
Flow 50050
5.0 MGD
Continuous
Recording
E
BOD5 (20-C) C0310
16.0 mg/L
26.0 mg/L
Daily
Composite
E
Total Suspended Solids C0530
20.0 mg/L
30.0 mg/L
Daily
Composite
E
Ammonia (NH3 as N) C0610
4.0 mg/L
8.0 mg/L
Daily
Composite
E
Fecal Coliform 31616
(geometric mean)
200/100 mL
400/100 mL
Daily
Grab
E
Oil and Grease3 00300
8.0 mg/L
g/L
Daily
Grab
E
pH 00400
Betwee 0 and 9.0 stand is
Daily
b
E
Total Residual Chlorine4 50060
28 µg
Daily
Grab
E
Total Nitrogen
C0600
(NO3 + NO2+T
103 mg/
7 mg/L
Weekly
Composite
E
Temperature, 'C 00010
Monitor and Report
Pjaily
Grab
E
Temperature, 'C
oand Report
7%
3/Week
Grab
U and Dnitor
(June 1 - September 30)
Temperature, 'C
00010
nitor and Report2
Weekly
Grab
U and D
(October 1 - May
Momto and Report2
Dissolved
mg/L 0
3/Week
Grab
U and D
(June 1 - Se r 30)
Dissolved OxyN31)
Mo " or and Report2
mg/L 00300
Weekly
Grab
U and D
(October 1 - M
Conductivity,
INWA
Monitor and Report2
µmohs/cm
3/Week
Grab
U and D
(June 1 - September 30)
Conductivity,
Monitor and Report2
µmohs/cm 00094
Weekly
Grab
U and D
(October 1 - May 31)
Total Phosphorus, mg/L C0665
Monitor and Report
Monthly
Composite
E
Total Hardness [as 00900
CaCO3], mg/L
Monitor and Report
Quarterly
Composite
E
Total Hardness [as 00900
Monitor and Report2
Quarterly
Grab
U
CaCO3], mg/L6
Chronic Toxicity5 TGP3B
See Footnote 5
Quarterly
Composite
E
(Footnotes on next page)
Page 3 of 9
Permit NC0028835
Footnotes (continued):
1. The Permittee shall submit discharge monitoring reports electronically using NC DWR's eDMR
application system. See Special Condition A. (5.).
2. Sample Locations: E - Effluent, U - Upstream 100 feet from Outfall 001, D - Downstream 5.5 miles from
Outfall 001, near NCSR 1128, southwest of Lewiston -Woodville. If river conditions do not allow access to
these locations alternative locations approved by the regional office may be used. Changes in sample
locations must be clearly stated on DMR.
3. Measured as Hexane extractable material (HEM)
4. The Division shall consider all effluent TRC values reported below 50 pg/L to be in compliance with the
permit. However, the permittee shall continue to record and submit all values reported by a NC certified
laboratory (including field certified), even if these values fall below 50 pg/L.
5. Chronic Toxicity (Ceriodaphnia) Q 0.51%, January, April, July, and October. See special condition A. (2.) of
this permit.
6. The Permittee shall sample instream hardness, upstream of the facility's discharge. The sample shall be
representative of the hardness in the receiving stream. If the Permittee is a member of the Monitoring
Coalition Program, sampling for instream hardness may be waived as long as the Monitoring Coalition
agrees to sample hardness at the nearest upstream location, at a minimum frequency of quarterly, and the
Permittee has obtained approval from DWR - NPDES Permitting Unit that the upstream station being
monitored by the Coalition is representative of the receiving stream for this discharge. The Permittee is
responsible for submitting instream hardness test results with its permit renewal application package. If
Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the approved
station, the Permittee will immediately not' the Division and resume samp ' g for instream hardness,
upstream of its discharge.
b. There shall be no discharge of flo solids or v other than mounts. 2
A. (2.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY)
[15A NCAC 02B .0500 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 0.51%.
The permit holder shall perform at a minimum, uag rterlmonitoring using test procedures outlined in
the "North rrstons
ina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or
subsequent or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised- December 2010) or subsequent versions. The tests will be performed during the months of
January, April, July, and October. These months signify the first month of each three-month toxicity
testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during
representative effluent discharge and shall be performed at the NPDES permitted final effluent
discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV
below the permit limit, then multiple -concentration testing shall be performed at a minimum, in
each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent
Toxicity Test Procedure" (Revised -December 2010) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered electronically using
the Division's eDMR system for the months in which tests were performed, using the parameter code
TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3
(original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1623 Mail Service Center
Raleigh, North Carolina 27699-1623
Or, results can be sent to the email, ATForms.ATB@ncdenr.gov.
Page 4 of 9
Permit NC0028835
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved
designate signature. Total residual chlorine of the effluent toxicity sample must be measured and
reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the Permittee will complete the information located at the top of the aquatic toxicity (AT) test
form indicating the facility name, permit number, pipe number, county, and the month/year of the
report with the notation of "No Flow" in the comment area of the form. The report shall be submitted
to the Water Sciences Section at the address cited above.
Should the Permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month. Assessment of toxicity compliance is based on
the toxicity testing quarter, which is the three month time interval that begins on the first day of the
month in which toxicity testing is required by this permit and continues until the final day of the third
month.
Should any test data from this monitoring requirement! tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re-
opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls,
shall constitute an invalid test and will require immediate follow-up testing to be completed no later
than the last day of the month following the month of the initial monitoring.
A.(3.) NON -DETECTION REPORTING AND DETERMINATION OF COMPLIANCE
[G.S.143-215.1 (b)]
When pursuant to this permit a pollutant analysis is conducted using an approved analytical protocol
with a sufficiently sensitive minimum detection level and a result of "non -detectable" or "below
quantitation limit" is obtained, the Permittee shall record that result as reported. For the purpose of
determining compliance with a permit limit for the pollutant, the numerical value of that individual
analytical result shall be considered to be compliant.
A.(4.) MONITORING AND REPORTING OF POLLUTANTS
[G.S. 143-215.1 (b)]
The permittee shall submit to e Division within six months of the effective date of this permit, the
pollutant analyses required in EPA Form 2C for Table A, Table B, and Table C, per the application
instructions. Digital versions can be downloaded from the website below:
htt 2s:Hdeg .nc. gov/about/divisions/water-resources/water-quality-permitting/npdes-wastewater/npdes-
permitting-process
The Form shall be sent to:
Division of Water Resources
Water Quality Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Page 5 of 9
Permit NCO028835
Pursuant to N.C. General Statutes section 143-215.1 and the implementing rules found in North
Carolina Administrative Code at 15A NCAC 2H.0112 (b) (1) and 2H.0114 (a) and Part II sections B-12
and B-13 of this permit, the Director of DWQ may reopen this permit to require supplemental
monitoring of the discharge.
A.(5.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S.143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
NOTE: This special condition supplements or supersedes the fol g sections within Part II of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Report
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)]
The Permittee shall report discharge monitoring data electr nically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be s mmarized for each month and
submitted electronically using eDMR The eDMR system allows pemitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), Permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a coyfy of the computer printed eDMR to the
following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a Permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1,1.1,
2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to
the mailing address above. See "How to Request a Waiver from Electronic Reporting" section
below.
Regardless of the submission method, the first DMR is due on the last day of the month following
the issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Starting on December 21, 2025, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
Page 6 of 9
Permit NC0028835
Sewer Overflow/Bypass Event Reports,
Pretreatment Program Annual Reports; and
Clean Water Act (CWA) Section 316(b) Annual Reports.
The Permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the Permittee must identify the initial recipient at the time
of each electronic submission. The Permittee should use the EPA's website resources to identify the
initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated
entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Information on EPA's NPDES
Electronic Reporting Rule is found at:
https: / /www.federalregister.gov/ documents / 2015 / 10/ 22/ 2015-24954 /national -pollutant -
Electronic submissions must start bJ �le dates listed orting Requi ts" section
above.
3. How to Request a Waiver from Electronic Reporting
The Permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a Permittee must first submit an tronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the Permittee re -applies for
and is granted a new temporary electronic reporting waiver by the Division. Approved electronic
reporting waivers are not transferrable. Only Permittees with an approved reporting waiver
request may submit monitoring data and reports on paper to the Division for the period that the
approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
http://deq.nc.gov/about/ isions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)]
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II,
Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR
reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Page 7 of 9
Permit NC0028835
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit
the following web page:
httl2://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make
the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL
BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and m risonment for knowing violations."
5. Records Retention
Section D. (6.
The Permittee shall retain records of all Discharge *toring Re
submissions. These records or copies shall be maintained for a pe
date of the report. This period may be extended by request of the
122.41'
including eDMR
Ct least 3 years from the
t any time [40 CFR
Page 8 of 9
Permit NCO028835
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Perdue Farms
Incorporated Road
2 -
Lewiston Facility
Upstream U1 • ,
l i
Discharge
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Downstream D l
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U SGS Quad C 30\'\N- Ketford, NC
Outfall Facility
Latitude: 360 8'
14.9" N 360 8' 34.6" N
Longitude: 77' 15' 770 12' 58.9" W
Stream Class: C
No�7h
Facility Location
Subbasin: 03-02-08 HUC: 03010107
Perdue Farms Incorporated - Lewiston NCO028835
Receiving Stream: Roanoke River
Bettie County
Page 9 of 9