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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 (�• ����� Perdue Farms Incorporated Road 2 - Lewiston Facility Upstream U1 • , l i Discharge _.t NCO028835 •• A SaMOt I � � aC -�= - } ROZOR �'# � • _��{'{�•i� J� - �y Pam• � a Buzzard Point Downstream D l Point • r t /v� 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