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HomeMy WebLinkAboutWQ0000701_Regional Office Historical File_20171231 (3)X;0A NCDENR North Carolina Department nvir nmen and Natural Resources Chian of grater Quality nv rtly Eaves Perdue Charles WAM, RE, Dee Freeman Governor Director Secretary April 30, 2012 Mr. Daniel Crowe Tyson Funds, Inc: 2 Harrmony, NC 28634 Subject; Rescission of` .and Application of Residual Solids Permit Permit No. WQ00 0701 Harmony Rendering Plant Iredell Count Dear Mr. Crowe': Reference is made to your request for rescission of the Subject Land Application of Residual Solids Permit. Staff from the Mearesville Regional ional ffice has confirmed that this Permit is no longer required., Ther-ci r ; inaccordance with your request, Land Application of Residual Solids Permit `l o. WQ00007 1 is rescinded, effective immediately. If in the feature, you . ,'?1sh again to operate a non -discharge system, you must first apply for and receive a new band Application of Residual Solids Permit. Operating a non -discharge system without a valid Land Application of Residual Solids Permit will subject the responsible party to a civil penalty of up t 5, dd per day: If it would be helpful to discuss this matter further, please do not hesitate to contact the Mooresville Regional Office, Aquifer Protection Section at 7 663-169, Sincerely, 4h'arlk i"Id, P. E. cc Ircdell'County Health Department Mooresville -;Aquifer Pro ` tion e ional Supervisor Technical Assistance Prd Certification Permit File '%TC'� u 00701: ran cl iiersran, DWQ Budget et Office AQUIFER PROTECTION SECTION 1636rloiiSemi: Center, sha h, North Cardina 27EE9-163 err tic,n E1E k Wsbury Et., Raleeg r. North Carona 2760A One Intemet,a r, t to lotv.o ctr( C Dulls AnEqu:al')pportunEtyiAfFrmmvvsAeonRrnpbyee[� �� State of North Carolina Department of Environment' and Natural Resources Division of Water Quality Michael F Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director MR. DANIEL CROWE, PLANT MANAGER TYSON POULTRY, INC. POST OFFICri. Box,158 HARMONY, NORTH CAROLINA 28634 Dear Mr, Crowe: NORTH CAf ENVIRONMENT JUN 2 0 2001 Subject: Permit No. WQ0F I'M iz Pouk" "I Tyson ltry, In Harmony, NC Rendering Plant Land Application of Residuals frorn the Treatment of Other Wastewater Iredell County In accordance with your application received on November 4, 1999 as well as the additional infon-nation received on November 29, 1999; November 4. 2000; May 29, 2001.1 and June 14, 001. we are forwarding herewith Permit No. WQO(-X)0701. dated June 15. 2001. to Tyson Poultry, Inc. for the continued operation of a wastewater residuals land application pro rare to be run from its Harmony, North Carolina Plant, This permit not only approves the continued operation of a program for the application of residuals derived from the treatment of industrial wastewater on agricultural land, but also increases the Volume of residuals permitted for land application (i.e.., from up to 4,071 dry tons per year to 5,543 dry tons per year) so that current production trends are accurately reflected. In addition, this permit is being modified to approve new land application sites as well as remove sites previously approved such that there is a net increase in the acreage approved to receive residuals (i.e., front approximately 2,270.00 acres to approximately 2.,589.56 acres). This pennit shall be effective from the date of issuance until May 31, 2006; shall void permit No, WQ0000701, issued March 31, 1998, and shall be subject to the conditions and limitations as specified therein. Please take time to review this pennit thoroughly. Of special interest are the following new and amended provisions: + General: The Permittee for this pertint has been changed from Tyson Foods, Inc, to Tyson Poultry, Inc., as the latter is corporation narne that is properly registered in the State of North Carolina. The permit description has been modified to reflect the fact that the volume of residuals approved for land application has been increased from up to 4,071 dry tons per year to up to 5,543 dry tons per year. In addition, the amount of land permitted in this land application program has increased from approximately 2,2170,00 acres to approximately 2,589,56 acres. + Condition 1. L: This new condition requires the Permittee to submit a permit modification application package within 180 days to the Division of Water Quality (Division) for consideration, The, application package should address the need for additional acreage, treatment, and storage in order to facilitate the operation of the residuals land application program in a more effective and efficient manner. + Condition L 1: This ne", condition requires notification of local governmental officials immediately prior to land application of residuals onto a newly -permitted land application site. 1617 MaH Service Center, Raleigh, North Carolina 27699.1617 *r6ephone (919) 733-5083 Fax (919) 715-6046 An Equal Opportunity Affirmative Action Empioyer 50% recycledil 0% post -consumer paper + Condition 1. 3-: This new condition requires that the appropriate regional office is notified immediately prior to any thric that a land application event is initiated in a region, + Condition 1. 5.: This condition has been amended with a requirement that the appropriate regional office be contacted in the event that the subject residuals land application program is not operating satisfactorily. + Condition 1. 14.: This condition has been amended to reflect the fact that the: residuals may only be land applied using a subsurface application method, + Condition 11, 4,: This new condition has been added to the permit to help address high salt content In the residuals. Condition I. 5- This new condition requires the Permittee to account for nutrients applied to land application sites in the form of animal waste when determining agronomic loading rates for the residuals. + Condition 11, 6.: This condition has been arnended with some language pertaining to allowable plant available nitrogen (PAN) loading rates when land application sites are double -cropped. + Condition 11. T. The volume of residuals generated by the Harmony, NC Rendering Plant of Tyson Foods, Inc. permitted for land application is now 5.543 dry tons per year. In addition, language has been added to this condition regarding how residuals from other sources are to be mixed and treated prior to land application. + Condition I. 9,: This condition has been amended to reflect the adoption of new rules by the Water Pollution Control System Operators Certification Commission (WPCSOCC), The referenced regulation is now 15A NC'. C 8G .0202. * Condition 11. 11 .: This condition has been amended to require the establishment of a cover crop within 30 days of an application event on land without a previously -established cover crop. # Condition 11. 23-: This condition has been amended to forbid the use of any turf cover crop for an one- year period following residuals land application. * Condition 111, 2..: Additional recordkeeping requirements related to the voluttle of soil amendments and animal waste have been added to this condition, + Condition 111. 4.: Because the management of residuals at the Harmony, NC Rend erm ' g Plant of Tyson Foods. Inc. has changed (i.e., residuals sources are mixed and then treated and land applied as a single source), this condition has been amended to require that the residuals be tested for Various parameters every 60 days when land application is occurring. # Condition 111. 5,: Note that is current Division policy to require that a TCLP be performed on the residuals at least once per permit cycle. + Condition 111. 6.: This condition requires that monitoring to ensure compliance with the federal pathogen reduction requirements be conducted every 60 days when land application of residuals that have been generated from wastewater that contained any percentage of domestic content is occurring. + Condition .111. 7.: This condition has been amended to reflect the new mailing address to be used when submitting all monitoring and reporting inforniation, + Condition 111. 8-: This condition has been amended to include the telephone number for the Fayetteville Regional Office, as it is the entity to notify when a non -compliant event occurs in Moore County or Richmond County, + Condition TV I - This amended condition contains details about methods that the Division's Groundwater Section would consider to be acceptable for the purpose of verifying the water to depth- I * Condition VI. 3.: This condition has been amended to approve new sites to the residuals land application program as well as to approve the continued use of some of the sites previously permitted. The total acreage available for land application of residuals is now approximately 2.589,56 acres (i.e., increased from approximately 2,270,(X) acres). lots that footnotes have been added to this condition to assist the Permittee in identifying those sites that are seasonally restricted as well as those that are., located in the 100-year floodplain. # Condirion VI. 4...,: This condition has been amended to reflect the fact that an application fee is no longer required when making an application to the Division to transfer this permit to a new owner or to reissue this permit such that it reflects a narne change of the Permittee. * Condition V1, 7.: Language has been added to this condition to provide, examples of some other rules and regulations that may affect non -discharge systems like this one. Please pay particular attention to the monitoring and reporting requirements contained in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. If any parts. requirements, or limitations contained in this permit are. unacceptable, you have the right to request an as judicatory hearing within 30 days following receipt of this permit. This request must be in the fonts of a written petition, confortning to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, pI I se contact Ms. Shannon Mohr Thornburg at (919) 733-5083, extension 353. '17 .14 Kerr T. Stevens cc: EMA Resources. Inc. Alexander County Health Department Davie County Health Department Moore County Health Department Richmond County Health Department Starry County Health Department Wilkes County Health Department Fayetteville Regional Office, Water Quality Section Fayetteville Regional Office, Groundwater Section Mooresville Regional Office, Water Quality Section Mooresville Regional Office, Groundwater Section Winston-Salem Regional Office, Water Quality Section Winston-Salem Regional Office, Groundwater Section Groundwater Section, Central Office Technical Assistance and Certification Unit Non -Discharge Cornpliance/Eriforcement Unit 3 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RESIDUALS LAND APPLICATION 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 Tyson Poultry, Inc. Iredell County continued operation of a wastewater residuals land application program consisting of the application of up to 5,543 dry tons per year of residuals from the source listed in Condition 11, 7, onto approximately 2,589.56 acres of auricultural fields in Alexander, Davie, Moore, Richniond, Surry, and Wilkes Counties with no discharge of wastes to the surface waters, pursuant to application received on November 4, 1999 as well as the additional information received on November 29, 1999, November 4, 2000, May 29, 2001. and June 14, 2001, and in confortirity 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 May 31, 2000; shall void Pern-lit No. WQ0000701, issued March 31, 1998; and shall be subject to the following specified conditions and limitations: L PERFORMANCE STANDARDS I Within 180 days of the issuance of this permit, the Permittee shall prepare, and submit a permit modification application packag'e, to the Division of Water Quality (Division) for review. This application package shall request approval of additional land applications sites to receive residuals under the conditions of this permit. The additional sites shall be of sufficient acreage to facilitate the complete agronomic assimilation of all of the nutrients contained in the residuals from the source identified in Condition 11, 7. Within this same firrieframe, the Per mittee shall develop a course of action with respect to improving the residuals treatment (i.e., stabilization) and storage facilities currently available at the Tyson Poultry, Inc. Harmony, NC Rendering Plant. The application package, therefore, shall also contain information related to determining a treatment process that will produce a more stable residuals product, developing sufficient storage that adequately meets the needs of the overall residuals management program, as well as proposing a schedule to complete any requisite studies and implement the findings generated therefrom. Five copies of the application package shall be submitted to the NCDE-NR-DWQ, Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. 2, The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial application of the residuals to any new land application site, so that an inspection can be made of the Site and application method. In addition. the appropriate county manacer's office shall be notified prior to the initial application of residuals on any new land application site so that they will be aware. that residuals land application activities have commenced on the site. 1 The Fayetteville Regional Office, telephone number (910) 486-1541, shall be notified at least 24 hours prior to each land application event on any land application site in Moore County or Richmond County, so that the regional office is aware, of the event as well as to allow for an inspection to be made of the site and application method if needed. The Mooresville Regional Office, telephone number (704) 663- 1699, shall be notified at least 24 hours prior to each event on any site in Alexander County, so that the regional office is aware of the event as well as to allow for an inspection to be made of the site and application method if needed. The Winston-Salem Regional Office, telephone number (336 ' )771-400 6, shall be notified at least 24 hours prior to each event, on any site in Davie County, Surry County, or Wilkes County, so that the regional office is aware of the event as well as to allow for an inspection to be made of the site and application method if needed. Such notification to either Regional Water Quality, Supervisor shall be made during normal office hours from 8:00 a-m, until 5:00 p.m. on Monday through Friday, excluding State Holidays. 4. This permit shall become voiciable if the soils fail to assimilate the residuals adequately and may be rescinded unless the land application sites are maintained and operated in a manner which will protect the assigned water quality standards of the surface waters and groundwater. 5, The residuals land application program. shall be effectively maintained and operated as as non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. 6. The issuance of this permit shall not'relieve the Pentrittee of the responsibility for damages to surface waters or ground water resulting from the operation of the residuals land application program, T In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease applying residuals to the land application site, contact the appropriate regional office, and take any immediate corrective actions as may be required by the Division- S. Some of the buffers specified below may not have been included in previous permits for this residuals land application program, However, any land application sites or fields that are included in this permit, but were approved with different buffer-, shall be reflagged to comply with the buffers listed below The following buffer zones shalt be maintained: a. 400 feet from residences or places of public assembly under separate ownership for surface application method, however, the buffer zone requirement may be reduced to as minimum of 100 feet upon written consent of the owner and approval from the appropriate regional office; b. 200 feet from residences or places of public assembly under separate ownerstrip for subsurface residual injection method, however. the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and the appropriate regional office-, c. 100 feet from any public or private water supply source, waters classified as SA or SB, and any Class I or Class 11 impounded reservoir used as a source of drinking water for both methods-, cl. 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impounchrient for surface application-, e. 50 feet from any streams classified as WS or B, any other stream. canal, marsh or coastal waters and airy other lake or impoundment for subsurface application-, f. 50 feet from property lines for both surface and subsurface application methods; R g, 50 feet from public right of ,vays for both application methods, li. 10 feet from upslope interceptor drains and surface water diversions for both application methods; i, 25 feet from downslope interceptor drains, surface water diversions, groundwater draina,ge systems and surface drainage ditches for both application methods; and j. 100 feet from rock outcrops for both application methods, 9. A copy of this perrint shall be maintained at any land application site when residuals are being applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. M Specific residuals application area boundaries shall be clearly marked on each land application site prior to and during application, IL No residuals at any time shall be stored at any land application site, unless written approval has been requested and obtained from the Division, 11 The maximum slope for land application of residuals shall be, 10 Percent for surface application methods and 18 percent for subsurface application methods. 11 When residuals that are generated from wastewater that contains any percentage of dornestic content are applied., the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduced Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix 11 shall be met, Additionally, an evaluation shall be performed which demonstrates the residuals' ability to comply with this condition. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted to the Division. 14. All residuals land applied under the conditions of this permit shall be subsurfacely injected in order to reduce the potential generation of nuisance conditions. Surface application methods shall be strictly forbidden without first applying for and receiving written authorization from the Division. 11. OPERATION AND MAINTENANCE REQ.IRE MENUS L The facilities and land application sites shall be properly maintained and operated at all times A suitable vecetative cos er. as listed in Condition 11. 6., shall be maintained in accordance with the crop management plan outlined by the local Extension Office, the Department of Ag giculture, the Natural Resource Conservation Sei-vice, or other agronomist and as approved by this Division, 3. An acceptable pH shall be maintained in the soil, residual, and time mixture, greater than 6.0, on all land application sites to ensure optimum yield for the crops specified in Condition 11. 6. The agronomist shall providermon info ration the pli best suited for the specified crop and the soil type. 4�� 4. Due to the potential for the residuals to contain a high salt content., the exchangeable sodium percentage (ESP) or other method as approved by the Division, using the results from the, annual soils analysis as required in Condition 111. 3., shall be monitored on all of the land application sites. The local Extension Office, the Department of Agriculture, the Natural Resource Conservation Service, or a North Carolina -licensed Soil Scientist shall review the results and make recommendations regarding soil amendments or other ameliorative mechanism for maintaining the integrity of the land application site. The Permittee shall implement such recommendations accordingly, 3 6� T Prior to applying residuals to any land application site that has previously received or is intended to receive animal waste (e.g- POLfltry litter, hog lagoon effluent. etc,) in the future, the Permittee shah obtain information pertaining to the volume and analysis of the applied waste from the landowner and/or lessee/operator of the site. The Permittee shall be responsible for verifying the volurne of residuals that may be land applied to the site such that the plant available nitrogen (PAN) loading rate for the specified crop (i.e., see Condition 11. 6.) is not exceeded by all of the sources of PAN applied. Should the maxit-rium PAN loading rate be exceeded, then no additional residuals shall be, applied to the site. The application rate of residuals to any land application site shall be such that the following PAN loading rates shall not be exceed the following specified crops: Crota PAN l`p_ounds/acre/vear) Ciro A)ounds/aer(Jvear Alfalfa 200 Forest (Hardwood, Softwood) 75 Bermuda Grass (Hay. Pasture) 220 Milo 100 B I Lle Grass 120 Small Grain (Wheat, Barley, Oats) 100 Corn (Grain) 160 Sorghum, Sudex (Pasture) 180 Corn (Silage) 200 Sorghum, Sudex (Silage) 220 Cotton 70 Soybeans ' 200 Fescue 250 Timothy, Orchard, & Rye Grass 200 If the approved land application sites are to be double cropped (i.e,, a crop in the spring and a second crop in the fall, with BOTH crops to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested, If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be applied because the PAN will essentially be returned to the soil, No residuals other than the following are hereby approved for land application in accordance with this pen -nit: Permit Volume Source Countv Number tons/year _j Tyson Poultry, Inc. Iredell NI'DES Permit No. NC0005 126 5543' flannony. NC Rendering Plant The 5-543-dry tons per year of residuals to be land applied under the conditions of this permit are generated from the treatment of wastewater at the Harmony, NC Rendering Plant and N�`ilkesboro, NC Plant (i,e.. Pretreatment Pernrit No. 1003-1, issued by the Town of Wilkesboro) of Tyson Poultry, Inc,,, at the Case Farrns, Facility in Burke County, NC (Non -Discharge Permit No. WQ(M751 I)-. and the Townsend Foods, Inc, Plant in Chatham County, NC (i,e.. NPDES Permit No. NCO026441). All residuals are mixed and treated at the Tyson Poultry, Inc. Hartnony, NC Rendering Plant and then land applied as a single source. Under no circumstances shall the residuals generated by the individual plants/facilities be land applied "as is" (i.e., without mixing and treatment at the Tyson Poultry, Inc. Harmony, NC Rendering Plant. Should it be desired to land apply the residuals generated by the individual plants/facilifies "as is" once again, the Permittee shall request approval of'a formal permit modification from the Division. 4 8, The lifetime heavy metal loadings (i-e., pounds per acre) on any land application site shall not exceed the, following for the corresponding Cation Exchange Capacities (CEQ- Parameter CEC < 5 CEC 5 tan 15 CEC > 15 Lead 500 1,000 1000 Zinc 250 500 LOW Copper 125 250 500 Nickel 125 -11,50 500 Cadmium 4�5 9 is 9. Upon classification of the residuals land application prograin, by the Water Pollution Control System Operators Certification Commission (Wpcsoc(�)' the Perini tee shall employ a certified land application/residuals operator to be in responsible charge (ORC) of the program, The operator shall hold a certificate of the type classification assigned to program by the'W'PCSOCC, The Permittee shall also employ a certified back-up operator of the appropriate type to comply with the conditions of 15A 'CAC 8G 0201 10, Adequate procedures shall be provided to prevent surface runoff frorn carrying any disposed or stored residuals into any surface waters. IL Surface -applied residuals shall be plowed or disced within 24 hours after application on land application sites with no cover crop established. An acceptable carver crop shall be established within 30 days of the land application event, 12. For areas that are prone to flooding or within the 100-year flood elevation, residuals shall be applied only during periods of dry weather. The residuals shall be incorporated into the soil within 24 hours after land application. 13, Appropriate measures shall be taken to control public access to the land application sites during active site use and for the 12-month period following the last land application event. Such controls may, include the posting of signs indicating the activities being conducted at, each site. 14. Adequate provisions shall be taken to prevent wind erosion and surface runoff Roan conveying pollutants from the residuals application area onto a4lacent properties or into any surface waters. 15: Residuals shall not be applied in inclement weather or until 24 hours following a rainfall event of 0.5- inch or areater in 24 hours. Any emergency residuals disposal measures shall first be approved by the Division. 16. Residuals shall not be applied to any land application site that is flooded, frozen, or snow-covered, 17. Residuals shall not be applied at rates greater than agranon ric: rates, unless authorized by the Division. 18. Animals shall not be grazed on a land application site for 30 days after residuals application, Sites that are to be used for grazing shall have fencing that will be used to prevent access after each application event. 19. Food crops. feed crops, and fiber crops that do not come Ln co _ntact ith the residuals shall not be harvested for 30 days after residuals application. :_ ?Cl. Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e,g., tobacco, melons. cucumbers, squash, etc.) shall not be harvested for 14 months after residuals application. 5 21 Food crops with harvested parts below the surface of the fand (i,e.., root crops such as potatoes. carrots. radishes, etc.) shall not be harvested for 20 months after application of residuals when the residuals remain on the land surface for four months or longer prior to incorporation into the soil. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of residuals when the residuals remain on the land surface for less than four month.,, prior to incorporation into the soil. 21 Turf shall not be harvested for one year after residuals land application. 111. MONITORING AND FtEPORTII` G Its DUIREMENTS 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. Proper records shall be maintained by the Perinittee tracking all residuals land application activities. These records shall include, but shall not necessarily be limited to, the following information: a. Source of residuals-, b. Date of land application, c. Location of land application (i.e,, site, fieU or zone number); d. Method of land application e. Weather condition-, (i.e., sunny, cloudy, raining., etc.), f. Soil conditions ti.e_ dry, wet, frozen, etc.),, g. Type of crop or crops to be grown on field- h. Volurne of soil amendments (i.e., lime:., gypsum, etc,) applied in gallons per acre., dry ton per acre, or kilograms per hectare; i. Volume of residuals land applied in gallons per acre., dry tons per acre, or kilograms per hectare-, and j. Annual and cumulative totals of dry tons, per acre of residuals and animal waste (if applicable), annual and cumulative pounds per acre- of each heavy metal (i.e., shall include, but shall not be firmted to, cadmium, copper, lead, nickel, and zinc), annual pounds per acre of plant available nitrogen (PAN), and annual pounds per acre of phosphorus applied to each field, 3. A representative annual soils analysis (i.e_ Standard Soil Fertility Analysis) shall be conducted on each land application site receiving residuals in the respective calendar year. and the results shall be maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but shall not necessarily be limited to, the following parameters" Acidity Magnesium Phosphorus Calcium Manganese Potassiurti Cation Exchange Capacity Percent Humic Matter Sodium Copper pH Zinc Base Saturation (by calculation) 6 4. A residuals analysis shall be conducted every 60 days front the date of permit issuance by the Permittee, and the results shall be maintained on file by the Pernuttee for a mmirrimn of five years. If land application occurs at a frequency less than every 60 days, as residuals analysis shall be required for each instance of land application, The residuals analysis shall include, but shall not necessarily be limited to, the following parameters:t' Aluminum Atrit'nonia-Nitrogen Cadmium Calcium Copper Lead Magnesium Nickel Nitrate -Nitrite Nitrogen Percent Total Solids PH Phosphorus Potassium Sodium Total Kjeldalil Nitrogen Zinc Plant Available Nitrogen (by calculation) After the residuals have been monitored for two years at the above frequency, the Pennittee may submit a request to the Division for a permit modification to reduce the., frequency Of monitoring for pollutant concentrations. In no case, however, shall the frequency of monitoring be less than once per year when residuals are land applied. 5A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the Perraittoe once per permit cycle. The TCLP analysis shall include the following parameters (i.e., note the regulator)-, level in milligrams per liter in parentheses): Arsenic (5,0) Cadmium (1.0) Cliloroben7ene (100,0) o-Cresol (200.0) Cresol (200.0) 12-Dichloroethane (0-5) Endrin (0-02) Hexachlorobenzene ((l. 13) Lead (5.0) Methoxychlor (10,0) Pentachlorophenol (]G�10) Silver (5.0) TrichlOToethylene (0.5) 2 Barium (100.0) Benzene (0.5) Carbon tetrachloride (0.5) Chlordane (0.03) Chloroform (6.0) Chromium (5.0) rn-Cresol (200.0) p-Cresol (2ftl)) 2,4-D (10.0) IA-Dichlorobenzene (7,5) 1.1-Dichloroethylene (0.7) 2A-Dinitrotoluene (0, 13) Heptachlor (and its hydroxide) (0.008) Hex achloro-1,3-butadiene (0.5) Hexachloroethane (3.0) Lindane (0.4) Mercury ((1.2) Methyl ethyl ketone ("?KO) Nitrobenzene (2.0) Pyridine (5.0) Selenium (1.0) Tetrachloroethylene (0.7) Toxapherte (0.5) 2.4.5-Trichloropheriol (400,0) 2,4,6-Trichlorophenol (10) Vinyl chloride (0.1) 6The residuals shall must be, monitored every. 60 days from the date of permit issuance by the Permittee for compliance with Condition I. 13. of this permit (i.e., if compliance with pathogen reduction requirements if needed). Data to verify stabilization of the residuals shall be maintained by the Permittee. The required data shall be specific to the stabilization process utilized, but should be sufficient to clearly demonstrate compliance the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduced Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix 11. T Three copies of all required monitoring and reporting requirements as specified in Condition 111. L, Condition 111. 2., Condition Ill- 3_ Condition 111. 4., Condition Ill. 5., and Condition 111, 6. shall be submitted annually on or before March Ist of the year following the land application event to the following address: NCDENR-DWQ Water Quality Section Non -Discharge Cornpliance/Emorcement Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 a Noncompliance Notification: The Permittee shall report by telephone to the appropriate regional office (i.e., tile Fayelleville Regional OffIce,ltelephone number (910-1 486-1541, for land application sites in Moore County and Richmond County-, tire Mooresville Regional Office, telephone number (70-4) 663-1699, for sites in Alexander County as well as the facility in Iredeil County-, and the Winston-Salem Regional Office, telephone number (336) 771-4600, for sites in Davie County, Surry County, and Wilkes County) as soon as possible, but in no case more than 24 hours or on the next working day folloxing the occurrence or first knowledge of the occurrence of an), of tire following� a. Any occurrence with the residuals land application prograrn that results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the residuals land application program resulting in a release ofresiduals to surface ,o, aters. c. Any time that self -monitoring information indicates that the facility or residuals land application program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed, rl, Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residual treatment, e. Any spillage or discharge from a vehicle or piping system transporting residuals to the land application site. Persons reporting such occurrences by telephone shall also file a written report in letterforrn within five days following first knowledge of the occurrence of the non-compliance event. This report must outline the actions taken or proposed to be taken to ensure that the problem doe's riot recur, IV. GROUNDWATER 1. Residuals land application activities shall not occur when the vertical separation between the depth of application and the water table is less than three feet. The water table elevation may be confirnied by v­ater level readings obtained from groundwater monitoring well(s) near the land application site or auger bcv6n-.(s), Any boring(s) made for the purpose of verifying the water table elevation shall be done within 24 hours before the land application event. The number of borings advanced shall be sufficient to characterize the water table conditions across the entire site properly, Any open borings shall be properly filled in with native soil prior to the land application event to decrease the chance of any residuals from contaminating the. groundwater 2. The COMPLIANCE BOUNDARY for any land application site shall be specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each site initiated after December 31, 1983 shall be established at either (1) 250 feet from the site, or (2) 50 feet within the property boundary. whichever is closest to the site. An exceedance of groundwater quality standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable Linder North Carolina General Statute § 143-215-6A(a)(I), In accordance with 15A NC AC 2L.1 a REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the site. Any exceedance of groundwater quality standards at the Review Boundary shall require remediation action on the part of the Permittee. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS I. Prior to each land application event, the Permitree or his designee shall inspect the residuals storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors, and discharges which nray cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Perinittee shall maintain an inspection log or summary including at least the date and time of inspection, observation-,-, 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 froin the date of the inspection arid shall be made available to the Division or other pennitting authority. upon request. I Any duly authorized officer, employee, or representative of the DiviRion may, upon presentation of credentials. enter and inspect any property, premises, or place on or related to the land application site or facility at any reasonable tine for the purpose. of determining compliance with this permit- may inspect or copy my records that must be kept tinder the terms and conditions of this permit; and may obtain samples of';groundwater, surface water, or leaf hate. Z-- VI. GENMAL COINMITIONS I. This permit shall become voidable unless the land application activities are carried out in accordance with the conditions of this pentrit, the supporting materials. and in the manner approved by the Division. I This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data, 3, The following land application sites shall be approved to receive residuals (i.e., see attached location and buffer maps). Note that if only one name is provided in the owner/operator or lessee field of the table provided below, the owner and operator for the specified site are tile saute person. Application Area [acres Site) No. Owner/Overator or Lessee eel dira� bribers Alexander Couny AL3-1 Walter Vaughn Rogers 17.E AL3-2 Walter Vaughn Rogers 212 AL.3-3 Walter Vaughn Rogers 38,8 AL34 Walter Vaughn Rogers 13, 71 AU-5 Walter Vaughn Rogers 12,8 AI-3-6 Walter Vaughn Rogers 18.3 AL -3 - 7 Walter Vaughn Rogers 141 AI-3-8 Walter Vaughn Rogers 10.1 AL3-9 Walter Vaughn Rogers 46 A.1-3-10 Walter Vaughn, Rogers 18,0 AL3- I V Walter Vaughn Rogers 12-9 AI-3-1 2 Walter Vaughn Rogers 29.4 AL3-1 3 Walter Vaughn Rogers M6 AL3-14 Walter Vaughn Rogers 29.9 AL3-15 Walter Vaughn Rogers 9.0 AL3-16 Walter Vaughn Rogers 10.8 AL3-18 Walter Vaughn Rogers 3R6 TO TAL A CRES INA LEX4NDE, R CO UIVTY 310.7 0 Application Area [acres] Site No. (')wner7CT erator or assess exciltrdim buffers) Davie County D-1 Greg Dooley 75.9 ] D- ] Herbert E. Dooley 38,9 Herbert l �. Dooley 18.7 TOTAL ACRES IN DA VIE COUNTY NT 3. S Moore County M08-1 Rahn Matthews 66, N108-2 Ralin Matthews 16A Mt -T Ralin Matthews 2.1 M084 Ralin Matthews 110 ]w'I0 -4 Ralin Matthews 50.1 M0 lty-1 Ralin Matthews 75,0 M 1 C1_T Ralin Matthews s 3.0 MO Ralin Matthews 20. TOTAL ACRES ir:4" MOORE COUNTY347,2 Richmond ountyw RM1-1 Robert "bobby" T. Williamson 9.7 RM 1-7a. r Robert "Bobby" T. Williamson 82.8 Rl `1-1 Robert `°Bale" T, Williamson 1 . RRM 2 -2 Robert"Bobby" T. Williamson 41,6 RM3-1 Robert"Bobby" Bobby"" , "G" illiaMSOD 17.5 Rl l -7 Robert "Bobby, T. Williamson 90.3 R J -_ Robert. "Bobby"" T. Williamson 32. RM 3- 4"i Robert "Bobby" T. Williamson ti ,1 RM3- <a, n Robert "Bobby,. T. Williamson 63,3 RM4_7 Robert "Bobby" T. Williamson 41 .l RM4- 5 Robert "Bobby, T. WilliarrLson 50. RM4--4 ` Robert "Bobby" T. Williamson 85,7 l M5-1 Robert "Bobby- T. Williamson 42, R M 2.a r Robert "Bobby" T. Williamson 38.2 RM-5-3 . � Robert "Bobby" T. 'Williamson 7 , RM5-4a".i Robert "Bobby°" T. Williamson 71.E R1w17-1 Robert "Bobby`, T. Williamson 138.1 RM7-2 Robert "Bobby" T. Williamson 23,0 RM7-3 Robert "Bobby" T. Williamson 112.3 R ^1[7 1 Robert "Bobby" T. Williamson 4L RM7- i` Robert "Bobby" T. Williamson 7 r R lei 7 -6 in Robert "Bobby" . Williamson 753 R `17-7" Robert "Bobby"ro,T. Williamson 31,4 TOTAL ACRES IN RICHMOND COUNTY 1,338.9 Burry County ul-1 <" Monroe Johnson and Walter Johnson 717 UI_2 Monroe, Johnson and Walter Johnson 15,7 Ul Monroe Johnson and Walter Johnson 30.7 i71-5 Monroe Johnson and Walter Johnsn 17.a Application Area [acres] Site No.r�cftrcfirrbuffers' Sorry County (continued) SCE 1-6 Monroe Johnson and Walter Johnson 7.5 SUI-7 Monroe Johnson and Walter Johnson 143 sul-8 Monroe, Johnson and Walter Johnson To SUI-9 Monroe Johnson and Walter Johnson 32.6 SU I - 10 Monroe Johnson and Walter Johnson 11,7 Sul-11 Monroe Johnson and Walter Johnson 21,2 S U I - 12 Monroe Johnson and Walter Johnson 8.1 St J, I - 1 11 Monroe, Johnson and Walter Johnson 3.1 SLII-14 Monroe Johnson and Walter Johnson 7-9 SLJl- 15 Monroe, Johnson and Walter Johnson 8.9 Sill-16 Monroe Johnson and Walter Johnson 117 SUI -17 Monroe, Johnson and Walter Johnson 47-3 SUI-18aa" Monroe Johnson and Walter Johnson 10A SUI-181ba Monroe Johnson and Walter Johnson 12,7 Sul-1911 Monroe Johnson and Walter Johnson 12.1 TOTAL ACRES IN SURRY COUNTY 3 5 5.5 Wilkes County WKI-1" Diana Pardue Mathis / Talmadge Mathis 3436 WK3-2sDonald and Mae Duncan / Donald Duncan 51.7 WK4--l' Donald Duncan 38.8 WK5-1 s Dwayne Myers 28.9 TOTAL ACRES IN WILKESC NT' 1553.76 TOTAL AVAILABLE ACRES 2,589.56 The land application sites are dominated by soils having a rnean seasonal high water table less than three feet below the land surface. The'refore. the application of residuals on these sites shall be prohibited from December through March, inclusive. Residuals land application may be performed throughout the remainder of the year (i.e., April through November, inclusive,) provided that the three-foot separation between the residuals at the depth of application and the water table is verified as described in Condition IN'. 1. These land application sites are subject to flooding or located within the 100-year flood plain and shall. therefore. be subject to the requirements in Condition 11. 11 C This land application site has slopes up to 18 percent. Therefore, care shall be taken to ensure that no runoff of injected residuals occurs. 4. This permit shall not be automatically transferable. In the event that there is a desire for the residuals land application program to change ownership or a name change of the Permittee, a fornial permit C� request shall be submitted to the Division accompanied by documentation from the parties involved and other supporting materials as tray be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. 5. Failure to abide by the conditions and limitations contained in this permit may subject the PermiLtee to an enforcement action by the Division in accordance with North Carolina General Statutes §143- 215.6A through §143-215,6C. 6> 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 pert -nit as specified by 15 NCAC 2H,0205 (c)(4). 11 7, The issuance of this permit shall not preclude the Perinittee 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 N "'CAC '� --B 0200, soil erosion and sedimentation control requirements in 15A NC; AC Chapter 4 and under the Division's General Permit NCG0100000, and any requirements pertaining to wetlands under 15a NCAC 2B .0100 and 15A NCAC 2H,0500.. K 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 facilities 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. 9. 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. 10. This permit shall become voidable unless the agreements between the Permittee and the landowners and operators/lessees are in full force and effect. The landowner agreements shall be. considered expired, concurrent with the expiration date of the permit and shall be renewed at the same time the pen -nit is renewed. Permit issued this th , fifteenth day of June, 2001 gn' NORTH OLLNIA VIRONMENITAL MANAGEMENT COMMISSION -------- - - Kerr T. Steven,.,, Director Division of Water Quality By Authority of the Environmental Managen-tent Commission Permit Number WQ0000701 Rocry FACE 181.4 k T i� - 1 -:°; ° '9Ch. t c Ea t#.7 A. 4 Fields 014416 14 Fields 1 A96 Fields + Fields 7 ,5 1 1. E S "-- ie 1650 ,. a t aS a k 7, .�.166a16,41) spa . r '1 rt i471 61 1 .. . r 11 1611 OLFields 0 T6 � & 01-006 1 9 3 - o (,2N. -- 'm fix' SITE LOCATION MA R 1 MILE Viughm Rogtri c . a N IY; SDI �' AUG R ; you Pauirm La C1 — 1 andA**iAz.. , -oilyf^` kL3- CO Held YR404 Field VR403 Church r w w Access aIt g r old NYR-061,r A _ e SS Rock; outcrop N �r `ra aka Site Field VR-006 Field V R-005 } A Held - A .a Wooded A= Woo Fmm SITE E Vaughn tr! C1U Y. — ,r P: Pie C 7 e ^ i Field. Val.- Acci V - , ell Field 'Y-R-008 S. R. 1496 F Field -! 1 rHia . ?and .�. P: ft rj{1 es , amx=. F SITE WCAm Augm 6601 Vaughn Etagere NI 1 G iaru�� SA - Lana ro .o 9 -0t S. R. 1423 Churchf � p AcceSS 00 M — 3 r FieldVR-012Ix " ws d r P xa• } i r 1 ¢y 10 P r"Shallow 'Sails s uttr House Field f SITE -------------- VAUGHN ROGERS TRS ITysoo Poultry s FieldVR-013 . Rack Outcrcps Shallow Soils 3 p Wu ftperry Line are rUel. All Pence SITE" Wet =i�,) SY7 VAUGHN ROGERS TRS I Tyson Poulrr�� DRAWN BY: �¢ L 1 r� C Road 41-344 field _1 1 Note* Area To Be Cleared Complet.fy a *y 5 Field P ... �.: ..yam✓ � � t - " Field -1 $ a S. Fib 1496 " ,.. : Wooded sz. 1 wcd Muparf „ ft I Tyson PoultryAPOksm" x 1 4 -- 1 letter gs Ne t � iel 1 c k,Alr` r �! A , r A,, f4 Field- L 1 o Buffer Needed: ; 4 feet Property Permied Buffer �Lm% t� k SITE MAP WC A:ft k==�TRS,'Tvsoa F = VDU ba Roves -----...: 4'g ' . 6aa'cr Y31i6 t?k` t a� 'x C}ti Ep t 1142 r� s 42t e,..3S W,... -'+^' a" --, i " �. �•' `,;--w. �:uw. sue. ,� ,"i m i v,ta � � ",� k t„n'€.:k'•�*., �."' w,m, � 41. —14 36"6,..3600, h -✓ �.'3.t tk f .k ^_-pjp„... IV P ��rux+we ��ax, �...`"�,".,..,„„,�„�.....,......•_ ,..�, �kiesk ry �`-',.� t^ O~* �:+� °aAIX �„"..7-' `"' cyl or z _'".-. 21 71 .r..�- � i � a �-' � ``x as �'•,-�.r�'' „r���-•^� "� wr �. >`'F � � � `� �6 -t�#.. - pp xmxa,�,,. � e `�"� `�^ i �`'y me„ �.,u�' `Y �r,-.,. f,� j,,,-� � �,,..,� w� ac s,,,, ¢ �: �' q " � �M.�,..:.._.. �;,, ,�'°f t ,.....�:. � •_ V r s ,..' .: ay � 'r..'�•� i,� .,., "i __ ,-._� ..' ,� � +E;, „, F1 '/t �r t' c ,�^,u C� w� , - swa�rJ a _`- i1 •i .&•°A "y. `�", w'"' gyp. s � Pear .� � �i °�,`; ✓,� _.„._..�...,, 7 V Ij �a r 9 ° �Y X f fji t t �. r� tip, � ¢ sw lb "n ', *w `, •, 4 ."', ,ti J ^�..'� t, -�, ,gyp 7.-.`-'¢'`a'•, x � P o _co �'"",`� .�. a, 'me,.,._, ^� �. ,.'` { `� resa,��rg,�+F.�✓, �ii ;^*`� 5 � � �° ^`': � + `"3 - %A t F " Y.. '� <;�_ `"�• a� z. *,W. 35°sn + 35 87w" Jd" �'ffi �' a¢ts.exsr*, + & 'a",, r-'"1 ce t{•.r "mow 40 x Tx SITE LOCATION M" u p ) " I y i. r „ �. Wrr A SITE — x �k r uj rt Jso W A, t) 'A' pow u AMM Pzd 114V Beffw Alftyg F- IT GREG OL Y I s Pouter Jos mom; as of j, e,.uau mutf uti raga rD a 83«° e i r t r € ro°auaaari".+Px, a.� { �,,. y ttraa 30' - Y.dkrre ter Q1el m�v 77 l, 17 as r f Jp[, `3p `...4, `"" 1..�• : wJ,+AK Ili. ".�:,# co�'Ex 7 x''°naar.f•-'"..y ...-» #4..°'°,. ,t�Qfi# .. -} Et, I " wn .m_� �' '' r gam, � ( � i �� _rn r``*� � `'�.,r��.�. "xrr ,,+'" ✓ �w r¢x {� ,#+t'�+'"� �* " '?a #il L ' at ', It r� E 'i7P y ..."' 1 �� p, « 8 ; as •,� `, ` +". 40 t � - a � 3 _...� a cY,�frr "' r � 'Aq 10 ,w C.aet,'��' �.. u a�a a a i .,� .'w3 � � �. E eip �i -�" r •' � „i� � ,...� uyPa..r-,».�--,. '�a1>B9$. n 54 Is ��� '.,�, 13bs�� ,fix i ��w �I �' i u,g'.. -°✓ra. `� �+'"«r� �awa.� *''�,,..,.„,�' it ".� h g, .• A f n A rn 100* SITE LOCATION MAP ev..., .. y F " MILES "HERBERT DOOLEY � r - 2 Miles - SITE LOCATION M" CHECKFC) Or I" = 2 MILES DRAWN BY MEM RALIN MATTHEWS A.& - 20W M08 Bolin Matthews TRS i Tyson Poultry Land Application Program 1588-00-010A aUv. map-i v � R q r, t q � t _ . y r c j _ « elf q J A FIELD 2 : FIB E y pp r Xi P v 5g n A { wr..zemd ,. Woc4ed AreaE strucZam (Sam) Orainagewzy k � Pond wed Property Lxe ulT -- CALF =� Cs;. IT R.alin Matthews s _ HGURE NO ` KEO "` = + ' TARS / Tyson Poultry R r: ByRALIN MATT14EWS Land Application Program Suffer WAm E a.us. - 2000 0 gy- 4 9588-00 -OIOA SITE LOCATION MAP cow �9s F"= 2 MILES CHECKED BY DRAWN BY MEN RALfN VY —M09 I — 4 Kalif Mande" s FIGURE NO, TR .l Tyson Poultry I Land Application Pro.gram it 1588-00-OI CA Map ■ i W Z 'To T" undea-'Roan "^w ..JS Wooded Area (Sam) Drainageway q P=d A=ess Road � Una p p d�f SUAW Area X-X-X Fence Wet Am 0 Hand Auger Soring SITE MAP 1' ® 660' Malin Matthews FGGURE NO, E IaICt MATTHEWS Land Application F'rti2rasn Buffer Aug - 2 N4 9 (q) 1588-0 -010A hasp SITE LOCATION CkiEGKEG BY: MILES DRAM sy: E I RALIN MATTHEWS ATE: Aug, - 2000 M 10 (I —, FIGURE NO I Site Map ,c SITE MEN RALIN MATTHEWS .kgg ry z000 M l O I — 3 td11� WoodedDoeffing Area struclure (Sam) Omirmgemay Pond Access Road Well Property Line x BufW Area 7- X W WetAm 0 Hand Auger Sonng Rain Matthews RGURE NO, TRS J Tyson Poultry Land Application Program Buffer 1588-00-01 A flap; R 77ECKEO By 2)Mii x SITE LOCATION DFtAVM BY I,' =;2 MILES DAM v M BOBBY WILLIAMSON (1 po Homer Creek Road Load FIELD : . K�t' Planted ftes it it It `s $ FIELD ff s Dwellinge Area pond — Acce= Road v n— �: @• Bobby Williamson RGURE N. CHECKED ay� DRAM BY: tit BOBBY WILIJAMSON Land Application Program uffer A M Aug. - 2 158 010A Map E: ,. =2 miles SITE LOCAXION Hr C 13v. � = MIL; I MEM BOBBY WILLIAMSON Aug, a 2 r AT R FIELD it I f ' sr FIELD Jack Currie Road ft d. ,Y Wooded v sbuctura ) Drainageway 4 Pond Access Road 0 well Property Una x X-X Feve w WV V= 6 �� F Bobby Williamson FIGURE 140. Bu"a aY mEm BOBBY WILIAMSON Land Application Program Buffer TE: Aug_ ? I 1588-00- 1OA leap I F-�,!; SITE LOCATION MAP CHECKED BY: I» = 2 MILES DRAWN BY: MEM BOBBY WILLIAMSON DATE, Ata ? R1v9 ( I Bobby Williamson snn TRS f 'Tyson Poultry RGURE NO. Site Map FIELD - � a j1 00 L FIELD - y i i i 1 g.fS Wooded Area cbjre(Sam) DrahmIgaway Road Auger Boring BOBBY WILLIAMSON FIGURE NO. TRS / Tyson poultry 5 Land Apphcafion Program BUFFER -00-010A MAP t R 2 Miles SITE LOCATION CHECKED BY: y �� � LE DRAWN Y: MEM BOBBY WILLLAMSON w Aug. - -- C Bobby Williamson FIGURE NO, TRS T son Poultry Land Application Program Site 1888-00-010 flap Ci` Grassy' 'r k ,. s OA r � a a 1 5, f i y ° . mow r FIELD - F d/ P r � �t FIELD p. FIE Lei -Les Len 4 s { i r i x w ed Area IF Structure A geway . . Q Pond ..'Aocess Road. W yfi Property�y V Buffer A Feme w wet g SCALP-,— SITE MAP CHECKED BY: = TRS l Tyson Poultry DRAWN OBLLISOS Lind Application 'rryrMBuffer DATE; Aug. — 2000 — 1588-00-OIO Map t' = z Mi1,, SITE LOCATION MAP CHECKWSY: " = 2 MILES DRAVM BY:MEM BOBBY WILLIAMSON A- - 2 1 - Bobby Williamson RGURE NO- T / Tyson Ploultry nd Application Program Site )MIDA Z pp Gras Road Island U1fS WoodedAt -. SUucture ( Drainageway rr won Pftperty Cara Fanoo Wet Area Hand AAjger Soong �e dJ I w.: SCALF. f 660 SITE MAC' JF r , OY; 1 a ' DRAWN BY: MEM BOBBY WILLIAMSON m RIM7 1- Aug- 1 "' = 2 Miles CHECKED BY; DRAVW BY: M EOBBY qII" � �p,,� WILLIAMS t E:, , 1- R .,9�poml�®'hIIA%l' 9i4rIJ ii ��'IiValtry 1 i Continue in DeLorme' Virginia Atlas Gazetteer d 5'.°pG , 3'� r r art R,t. t' L4 oil It e 1— i 1 +" 52 a * war r `_ �a bpw ay to t, r � ft ) �� ✓�� rfi t '`� ' _� � � ryyl g �ro � �„ YRyi�`� � r. aye p� +y �j 6 !A x ' .X d 4 1 ,� "* ,.ter m Irl +lpIlk AIL WX 3633, M w _-�.,r� p.-�.� ,a, � , it �r�a�,�„ �P ', �N•,,�;�`"�'`yx:"268 SITE LOCATION MAP g 5 . ro9 �y I .4 MILES g{'y SO loll AT fill, iS m �¢Oz a iw. ,� a �; <� ar: �' � 9. a. 4^. � ,, �, x _ a� + �i iy � � .. Ma V. I � � II � ail �� I ��� 'I I" LEA DIANA PARDUE M TM I 1 ON, MAN um a « :< § a . .� � � , �,1 € a � � �� � � � �� '�i ' + �P n� 6 4 �� � �[(. � �¢4 pp � �",-.��4 � to "! ",� � d � � � j • � Nv+ x .« � '. � �� t �� pp p §g4 W: Yadkin River d g rr "ill pp d' Weil rf MI Buffer Ares cFrom rr"eny Line w wet A'"s Auger Bermg SITE MAP Donald Ouncaft IAWK BY:. SDB DONALD DUNCAN TRS ITyson Poultry �. i 9 ? Laid at Buffer JOB 1140- d 9-»l}17 ;Nap b 2+� � � � 304 � ' � `t � �d±° � 4�' ` ' fi� 'i Y Y:r r' .; :1� �q k�xa.r �a"` .»_-.,.,� •�. ,* � Fa k,.N � '�;,��i'*`",, f S st""" `-.Y j °„ fir` ��p l�i.-F.,-s.�"yy'.s �* "`•,�""`' `a,,.� `�,��'s �'"h-, �,,�+, 4 c J f" All All x1r t.� p 'i �""'� y`'._ ai ✓�"'" _.wx'_a..�,_:tf. , #--.,° l..l� a `". i r €, ae 601 tots N""'t..,+' "fit t '� �`. � (�l� ✓¢ «.m � ,• � m,V"m Ya -., . � ' }• ..� «„ �}r � �' � ," «� ! ...-.._��sn,,.,, � Mr � � � r' ,. r 1 p � F ®rasa r' -.. ,�.. *;�, ^+v r :" p* C�.•'` t.�„ --*,_ rm. ��,y.- a r p NZ,ica ��r'Y..,�_.„-•' � �..:�. ...ter � ^t f � �.. .. ... , � � "sr� x'" .��. �t�. S e,«,:� T`'"�`* • � ;,:. 4 a ar' 3� � ., Wr L•p r" � Fr �. r• P '.i IT 9. � � y'� s + Kahl n SITE .Lw'11ION MAP t f' Q f I" = 2.4 MILES � r^ w DWAYNE MYERS � \�� � � � � � � � � � � � � y/ : .� ev. . a a. , ,..: �� �� : . .. .. » .. .��y ��, �~� � � \:� � �� :� � � \/�3� .. � a � � ...\� � � � �� :. .. � � »2 > � ! —� <� ««� t .� � «. . � <� m.� � � w<� x� � � 2� ? < � :� � :� � � � m� � � � � � w: � \� � <2 1 OAKS v. i p`Ya +gtr6�`'�" b Y. """k,N �" r V ��w�,�r svn— � L��h f '• ot. ;kk' my Not TORT *.'« rr a u*t A"'m � & i ''� . �, 4 � � � W ta=•cY ask �} � � Sit' J% Y � R R �tggi'..�Sx�,":,�vvurrc4"«hdbtk�ypw"a,�rW. "4 ."�". ,tea fi ti "hs 7At -site" storage] Subject: Re: [Fwd: "on -site" storage] Date: Tue, 17 Oct 2000 10:55,19 -0400 From: Shannon Thornburg <shannonAhornburg@&ncmail.net> Organization: Non -Discharge Permitting Unit To: Ellen Huffiman <EIlen.14uffmanGa)ncmailnet> Ellen, Our permit shells typically require that prior Division approval be received prior to storing residuals at an application site. The condition from the permit shell reads as follows: "No residuals at any time shall be stored at any application site, unless approval has been requested and obtained from the Division." So, I believe that the intent of this condition is that a permit modification would not be required (ie., unless the residuals would be stored for longer than two years, which would be a whole different ball game), My recommendation would be to have FM A Resources submit a written request that describes their plan. Then, we could provide a written authorization/concurrence. I definitely think that it would be important for us to have a paper trail on things like this, just so there isn't questions, confusions, etc. later on. Considering that no one is currently in Kevin B.'s position yet, I think that it would be oak. if this were handled through MO (especially since you could go out to the site and "see" how things would work out), as long as NDPU and NDCU were copied on all correspondence. I could then make sure that things get into Central Files! Do you think that this sounds reasonable? Shannon Ellen Huffman wrote: • Shannon, • Does DENR require a permit amendment for off -site temp.. storage? • I have no Problem with off site storage as long as Eric and EMA are • following EPA off -site storage guidelines. • Ellen Huffman - Ellen. Hut'.Fmaii0iicmailiiet: • North Carolina Dept. of Environment & Natural Resources • Div. of Water Quality • 919 N. Main St. • Mooresville, NC 28115 • Ph: 704.663.1699 Fax: 704.663.6040 > ---------- ---------------- • Subject: "on -site" storage • Date: Tue, 17 Oct 2000 09.a18,26 -0400 • From: "Erik Blankenship" <emablankenship@mindsp ring. com> • To: <Elien, Huffman &ncmail.net> • Well Hello! Congratulations on the two additions to the "Walton • Family". i'm sure your head is spinning with all of these grandbabies • to keep up with. I was just wanting to touch base with you about the • issue of staging a frac tank at the Montgomery County sites, when they • are permitted, for efficiency in oper-ation, r received and read the • copy of the EPA's manual for "off -site" storage. Tt basically provides 1 of 2 917/01 U3 AM Psirtestor7agc > recommendations and management practices for operating "off -site" > facilities. I guess my question is what do I have to do from my end as > far as any permit requirements or applications I will need to submit > in order to receive permission from you guys to place a frac tank in > the field for temporary storage. The 20,000 gallon frac tank will be > used primarily for instances when our trucks leave the plant and the > weather is BEAUTIFUL and during the 1.5 to 2 hour trip to the site, it- > starts to rain. I would like to have the flexibility to unload into > the frac tank instead of having to send the load back to the plant. > Also, from a production standpoint, I would like for the trucks (3) to > be able to unload their last load of the day into the frac tank, so > the next morning we can be land applying biosolids while the trucks > load and tran-sport. I hope I didn't ramble on aimlessly, If you could, > contact me when you get a chance and tell me what to do. Thank > you, Erik VIM 935 AM PPPP" State of North Carolina Department of Environment and Natural Resources Division of Water Quality �'T Michael F. Easley, Governor IL N-% William G. Ross Jr., Secretary now, Kerr T. Stevens, Director NORTH CAROLINA DEPARTMENT OF EwRONMENT AND NATURAt. RF-%OURCES MAR 2 7 2001 March 23,2001 Mr. Lawrence R. Sampson, Jr. CERTIFlEaMAnWATER ('41'U'AUTY, Tyson Foods, Inc, PO Box 88 RETURN RECEIPT REQILESTED Wilkesboro, North Carolina 28697 SUBJECT: Assessment of Civil Penalties for Violations of Permit No. WQ0000701 Iredell County File No. PC 00-064 Dear Mr. Sampson- T,hi,s--I,ett6r'transmit notice of a civil penalty assessed against Tyson Foods, Inc. in the amou�ti of $'14,429.64 y�',h"'includes $429.64 in investigative costs. Attached is a copy of the a ss,ssmeme 7 o rt explaining this penalty. This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources. Any continuing violation(s) may be the subject of a new enforcement action, including an additional penalty. Within thirty days of receipt of this notice, you must do one of the following: 1. Submit payment of the penalty: Payment should be made directly to the order of the Department of Environment and Natural Resources (do not include waiverfonn). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s). Mailing Address: Telephone (9,19) 73.3-5083 Location: 1617 Mail Service Center Fax (919) 733-00-59 512 N. Salisbury St. Raleiah. North Carolina 27699-1617 State Courier #52-01 -01 Raleia , Nr C 27699-1617 An Equal OpportanitylAffinnative Action Emplo�,er 50% recycled / 10% post -consumer paper http://l"12o,etir.state.nc.us Please submit payment to the attention of Mr. Brian Wrenn NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request. - A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative bearing, such a request must be accompanied by a waiver of your right to an administrative hearing, and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether, (a) one or more of the civil penalty assessment factors in G.S. 14313-282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident, (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of: Mr. Brian Wrenn NCDENR DWG 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: PPPP" Office of Administrative tive Hearings 6714 Mail Service Centel Raleigh, forth Carolina 76® 14 AND Mail or hand --deliver a Copy of the petition to - Mr. Dan Mc.andrn NCDENR Office of General Counsel 1601 Mail Service tenter' Raleigh, NC 27699-1601 Failure t6 exercise one of the options above within thigy days, as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may he levied forfuture violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Irian Wrenn. at (1 7 3-5 83, ext. 529 o r. Jeff P upartat (91) 33-50 3, ext. 527, Sincerely, Kerr T. Stevens ATTACHMENTS cc;: Hex Gleason, Mooresville Water Quality Regional ional Supervisor ^/ attachments Ellen Huffman, MRO / attachments ent Larry Coble,Winston-Salem Water Quality Regional Supervisor w/ attachments Ah Braddy, WSl / attachments File # Pt - 64 / attachments Central Files w/ attachments Ernie Seneca, Public Information Officer v / attachments -Oqqqq STATE OF NORTH CAROLINA NORTH CAROLINA w DEPARTMENT RTMIEI T OF ENVIRONMENT N NATURAL RESOURCES COUNTY OF IREDELL File No. PC 00-064 IN THE, MATTER OF TYSON FOODS, INC. FINDINGS AND DECISION FOR VIOLATIONS OF AND ASSESSMENT F NON -DISCHARGE PERMIT CIVIL PENALTIES Acting pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, 1 Derr T. Stevens, Director of the Division of Water Quality W I rake the following. I. FINDINGS OF FACT: A. Tyson Foods Inc. is a foreign corporation (organized and incorporated outside of the State of NorthCarolina) doing business in the State of North Carolina, B. Tyson foods, Inc. owns and operates a land application of wastewater residuals system located in Iredell County with application fields off of NCSR 1979 in Rowan County. + . `Dyson Foods, Inc. was issued Non Discharge Permit Number i Q00007 }1 on March 31, 1998, effective March 31, 1998, with an expiration date of April 30, 2000, Although the issued permit was expired at the time of the violations, a permit renewa modificati n application was its -house at that time. DWQ allowed the facility to continue operation sander the expired permit. D. Permit Condition 1. 7. of the issued permit states that a copy of the issued permit shall be maintained at the land application .site when residuals are being applied during the life of this permit. A spill prevention d control plan shall be maintained in all residuals transport and application vehicles. E. Permit Condition I. 8. of the issued pernift stales that specific residual application area boundaries shill be clearly marked on each site prior to and during application. pp, F Permit Condition U. 12. of the issued permit states that adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from the residuals application area onto the adjacent property or into any surface waters. G. Permit Condition 11. 15. of the issued pernut stags that residuals shall not be applied at rags greater than agronomic rates, unless authorized by the Division: H, Permit Condition 111. 2. of the issued permit states that proper records shall be maintained by the Permittee tracking all application activities. These records shall include, but are not limited to the following information: i, annual and cumulative; totals of dry tons/acre of residuals, annual and cumulative pounds/acre of each heavy metal, annual pounds/acre of plant available nitrogen (PAN), and annual pounds/acre of phosphorous applied to each fields 1. On May 25, 2000,1 staff from the Mooresville Regional Office inspected the application fields listed. a Dr. Richard Adams farm in the issued permit. The following was observed: 1 No land application permit was on site during application activities, and no spill control plans were found in the transport or application vehicles. No boundary markers were observed on the application fields during application activities. Ponding and runoff of residual material were observed at several application sites. Residual material was observed running onto adjacent property. Residual material was applied to a corn crop outside of the active growing season on the Dr. Richard Adams farm, field M. 5 Inadequate records were kept for PAN loading rates. J. The costs to the State of the enforcement procedures in this matter totaled 2 .t Based upon the above Findings of pact, I make the following: CONCLUSIONS OF LAW: A. Tyson Foods, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 143- 1 4), B. A permit for a land application of wastewater residuals system is required by G.S. 1- 15..1. C. The effluent limitations and reporting requirements contained in the subject permit are terms, conditions, or requirements of said permit. I . Tyson Foods, Inc. violated Permit Condition I. 7. by failing to maintain copies of the spill control plan and the land; application permit in the transport and application vehicles, Tyson Foods, Inc. violated Permit Condition 1. 8. by failing to clearly nark the boundaries on the application site. F. Tyson Foods Inc. violated Permit Condition 11. Ira by flailing to prevent surface runoff from the application area canto adjacent property; G Tyson Foods, Inc. violated Permit C7ondition"f1. 15. by applying residuals to a corn crop outside of the active growing season. 1-I.. Tyson Foods, Inc. violated Permit Condition M. 1 i. by flailing to maintain proper records of PAN loading rates. 1. Tyson >Foods, Inc. may be assessed civil penalties pursuant to G.S, 143- 1 . A(a)(2) which provides that a civil penalty of not more than ten thousand dollars (1f1, .00) per violation may be assessed against a person who violates or fails to ant in accordance with the terms, conditions, or requirements of a permit required by G.S. 143 - 1 .1. J. The tate's enforcement costs in this matter may be assessed against Tyson Foods, Inc. pursuant to G.S. 1 3- 15.3 a1 G.S. 1 3-282.l( . K. The Director, I. ivisioza of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural resources, has the authority to assess civil penalties in this matter., Based upon the above Findings of Fact and Conclusions of law, I male the following„ Tyson Foods, Inc. is hereby assessed a civil penalty of:` for violating pennit Condition 1. 7. of Permit Number WQ0000701 by failing to maintain copies of the spill control plan and the land application permit in the transport and application vehilesm for violating Permit Condition L & of Perniit Number WQ0000 1 by failing to clearly mark the boundaries on the application site. s for violati , Permit Condition 11 1' 1 . of Permit umber' WQ0001711 by failing to prevent surface runoff from the application area onto adjacent property,_ for violating Permit Condition 11 15. of Permit Number r 'Q0000701 by applying residuals to the corn crop outside of the active growing season. for violating Perot Condition 111, 2. of Pern ut Number '` t 000701 by failing to maintain proper records of PAN loading rates. TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized by G.S. 14 - .15. . S 429Enforcement costs .s required by G.S. 1 - l .6 (c), in deterniming the amount of the penalty I considered the factors listed. in G.S. 1-5.1(b), which are- (1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation, ( The duration and gravity of the violation, () The effect on ground or surface water quantity or quality or on air quality (4) The cost of rectifying the damage; (5) The amount of money saved by noncompliance, () Whether the violation was committed willfully; or intentionally; (7) The, prior record of the violator in complying or failing to comply with programs over which the nviron ental Management Commission has regulatory authority; and (8) The cost to the State of the enforcement procedures (Date) Kerr T. Stevens, Director Division of eater Quality qqqq STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY "1'`r' F I EDEI I; Ili' THE MATTER OF ASSESSMENT WAIVER OF RIGHT TO AN OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND PERMIT NO. WQ0000701 STIPULATION OF FACTS FILE NO. PC 00-064, Having been assessed civil penalties totaling I � for violation(s) as set forth in the assessment document of the Director of the Division of Winter Quality dated; March 16, 2001 the undersigned, desiring to seek renussion of the civil penalties, does hereby waive the right to an administrative hearing ;in the above --stated matter d does stipulate that the facts are as alleged in the assessment document: This the day of 2001 SIGNATURE ADDRESS TELEPHONE ` State of North CarolinaDepartment of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director May 4, 2001 MR LAWRENCER. SAMPSON YSON FOODS, INC PO BOX i WILKESBORO NC 28697 SUBJECT: Acknowledgment receipt letter Case# PC 00-064 redell County Dear fir.Sampson: This letter is to acknowledge receipt of your check No. 0001377459 in the amount f 1 , 29. 1 received from the: Tyson Foods, Inc. on May 4, 2001. This payment satisfies in full the civil assessment in the amount of $14,429.64 levied against Tys ns roods, Inc. and this enforcement case has been dosed. Payment of these penalties In no way precludes further action by this Division for future violations, 1f you have any questions please call Brian Wrenn t (919) 733-5083 e t, 529. Sincerely„ ",Jeff Poop , Supervisor Non -Discharge Compliance & Enforcement c° Mooresville Regional Office Rnf r ernent/C li c Files PC 00-064 Central Files 1617 flail Service Center, Raleigh North Carolina 7 g-1 17 Telephone 919-733-5083 FAX 91971 - ' An Epinal Opportunity Affirmative Action Employer 0% recycled/ t % past -consumer paper P, State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William pass Jr., Secretary Kerr T. Stevens, Director March 23, 2001 Mr. Lawrence 1 . Sampson, Jr. ERT:tF'lED Tyson Funds, Inc. PO Box 88 RETURN RECEIPT REQUESTED Wilkesboro, North Carolina 28697 SUBJECT: T: Assessment of Civil Penalties for Violations of Permit lulu:, . iQ000 7 1 lredell County File No. PC 00-064 Dear Mr.Sampson: This letter transmits notice of a civil penalty assessed, against Tyson Foods, Inc. in the amount of $14,429.64 which includes $429.64 in investigative costs. .Attached is a copy of the assessment document explaining this penalty., This action was taken under the authority vested in me by delegation provided by the Secretary of the Department of Environment and Natural Resources..Any continuing violation(s) may be the subject of a new enforcement action; including an additional penalty. Within thirty days of receipt of this notice, you roust dry one of the following 1„ Submit payment of the penalty: Payment should be made directly to the order of the Department ent of Environment and Natural Resources not include waiv r fonn). Payment of the penalty will not foreclose further enforcement action for y continuingor new violations).Mailing Address: Telephone (919) 733-5083 Location: 1617 Mail Service Center Fax (1 733-0059 512N. Salisbury St. Raleigh, North Carolina 276 9-I617= State Courier 2-01- 1 Raleigh, NC 76 -1617 An Equal Opportunity lAffirmative Action Enip1qyer 50% recyclad/ 10%post-consumer paper Please submit payment to the attention of-. Mr. Brian Wrenn NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR 2. Submit a written request for remission or mitigation including a detailed justification for such request: A request for remission or mitigation is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issue-,; in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b) were wrongfully applied to the detriment of the petitioner, (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident, (d) the violator had been assessed civil penalties for any previous violations; (c) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of. Mr. Brian Wrenn NCDENR DWQ 1617 Mail Service Center Raleigh, North Carolina 27699-1617 OR I Submit a written request for an administrative hearing: If you wish to contest any portion of the civil penalty assessment, you must request an administrative hearing. This request must be in the form of a written petition to the Office of Administrative Hearings and must conform to Chapter 150B of the North Carolina General Statutes. You must file your original petition with the: Office of Administrative Hearings 6714 Mail Service Center Raleigh, North Carolina 276 -6714 N Mail or hand -deliver a Copy of the petition to: Mr. lean l lcLawhorn 1 CDEN Office of General Counsel 1601 Mail Service Center Raleigh, NC 27699-1601 Failure to exercise one of the captions above within thjqy days, as evidenced by a date stamp (not a postmark) indicating when we received your response will result in this matter being referred to the Attorney general's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment 1f you have any questions, please contact Mr. Brian Wrenn at I) 733-5083, ext. 529 or Mr. Jeff Poup at (1) 733-5083, ext, 527. Sincerely, Derr T. Stevens ATTACHMENTS cc. Rex Gleason, Mooresville ater Quality t Regional ional upe isor wr attachments Alen. Huffman, n, Mfg w attachments Larry Coble,`'Winston-Sale `ate Quality Regional Supervisor wl attachments Ab l r .dd , WSRO wr attachments File # PC 0-16 1 attachments Central Files w/ attachments Ernie Seneca, Public Information Officer w/ attachments STATE OF NORTH CAROLINA COUNTY OF IPEI ELL IN THE MATTER OF TYSON FOODS, INC. FOR VTOLATID S OF NON -DISCHARGE PE I"I r Q000 701 NORTH AROLI A DEPARTMENT MENT F ENVIRONMENT AND NATURAL AL RESOURCES File No. IBC 00-064 FINDINGS AND DECISION l AND ASSESSMENT OF CIVIL PENALTIES Acting pursuant to delegation provided by the; Secretary of the Department of Environment and Natural Resources, 1, Derr T. Stevens, Director of the Division. of Water Quality 1DW 1; make the following: . FINDINGS S OF FACT: Tyson Foods, Inc. is a foreign corporation (organized and incorporated outside of the State of forthCarolina) doing business in the State of North Carolina. ` E. Tyson Foods, Inc. ovens and operates a land application of wastewater residuals system located in Iredell County with application fields off of NCSR 1979 in Rowan County. C. Tyson Foods, Inc. was issued Non Discharge Permit Number WQ000 a701 on March 31, 1998, effective March 31, 1998, with an expiration date of April 30, 2000. although the issued pein 't was expired at the time of the violations, a permit renewallmod fzcation application was in-house at that time. DWQ allowed the facility to continue operation under the expired permit, D. Permit Condition 1. 7. of the issued e it states that a copy of the issued permit shall he maintained at the land application site when residuals are being applied during the life of this permit. A spill prevention and control plan shall he maintained in all residuals transport and: application vehicles. E. Permit Condition 1. S. of the issued permit states that specific residual application area boundaries shall he clearly marked on each site prior to and during application; F. Permit Condition 1I 1. of the issued permit states that adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from the residuals application area onto the adjacent property or into any surface waters: G. Permit Condition IT. 1.. of the issued permit stags that residuals shall not be applied at rates greater than agronomic rates, unless authorized by the Division: K Permit Condition ITI. °?. ofthe issued permit states that proper records shall be maintained by the Pentrittee tracking all application activities. These records shall include; but are not linuted to the following information: i. annual and cumulative totals of dry tons/acre of residuals, annual and cumulative pounds/acre of each heavy metal, annual pounds/acre of plant available nitrogen (PAN), and annual pounds/acre of phosphorous applied to each field: 1. On May 25, 2000, DWQ staff from the Mooresville Regional Office inspected the application fields listed as Dr. Richard Adams farm in the issued permit. The following was observed: l No land application permit was on site during ;application activities, and no spill control plans were found in the transport or application vehicles,: ), No boundary markers were observed _ on the application fields during application activities. 3) Ponding and runoff of residual material were observed at several application sites. Residual material was observed running onto adjacent property. ) Residual material was applied to a corn crop outside of the active growing season on the Dr. Richard Adams farm, field M. ) Inadequate records were kept for Pal loading rates, I. The costs to the State of the enforcement procedures in this matter totaled $4 9. ,4. Based upon the above Findings of Fact, I make the following - CONCLUSIONS OF LAW. A. Tyson. Foods, Inc. is a "person" within the meaning of G.S. 143-215.6A pursuant to G.S. 1- 1 O. B. A permit for a land application of wastewater residuals system is required by G.S. 143- 1 .1 C. The effluent limitations and reporting requirements contained in the subject permit are terms, conditions, or requirements of said pen -nit. q,ql 1 44 I . Tyson Foods..; Inc. violated Permit Condition 1. 7. by failing to maintain copies of the spill control plan and the land application pert -nit in the transport: and application vehicles, E. Tyson Foods, Inc. violated Permit Condition I. 8. by failing to clearly mark the boundaries on the application site. F. Tyson Foods, Inc. violated Permit Condition II. 12. by failing to prevent surface runoff from the application area canto adjacent property. G. Tyson Foods, Inc. violated Permit Condition I.I. 15, by applying residuals to a corn crop outside of the active growing season. H, Tyson Foods, Inc. violated Permit Condition III. 1 i. by failing to maintain proper records of PAN loading rates. L Tyson Foods, Inc; may be assessed civil penalties pursuant to G.S. 14 - I5. A(a)() which provides that a civil penalty of not more than ten thousand dollars (1 , 0 . i) per violation may be assessed >against a person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit required by G.S. 14-15:1m J. The States enforcement casts in this matter may be assessed against Tyson Foods, Inc. pursuant to G.S. 14 - 15. ()( ) and G. , 1 1-282.1(b)( ) K. The Director, Division of Water Quality, pursuant to delegation provided by the Secretary of the Department of Environment and Natural Resources, has the authority to assess civil penalties in this matter. Based upon the above Findings of Fact and Conclusions of Law, I make the following: IIL,, DECISION: Tyson Foods, Inc. is hereby assessed a civil penalty of: for 'violating Permit Condition I. 7. of Permit Number WQ0000701 by failing to maintain copies of the spill control plan and the land application permit in the transport and application vehicles. � for violating Permit Condition I. 8. of Pen -nit Number WQ0000701 by failingto clearly mark the boundaries on the, application site. fir® for violating Permit Condition 11, 12. of Permit Number 't 0000701 by Mailing to prevent surface runoff from the application area onto adjacent property, for ;violating Permit Condition 11, 1. of Permit lumber WQ0000701 by applying residuals to the corn crop outside of the active growing season. for violating, Permit Condition Ifle :. of Permit Number Q00001 by failing to maintain proper records of PAN loading rags, TOTAL CIVIL PENALTY, which i percent of the maximum penalty authorized by G.S. 143-2,15kk qEnforcement costs Lk'X Lk 7- TOTAL AMOUNT DUE As, required by G.S. 1 3- 15,6 (c), in determining the amount of the penalty l considered the factors listed in C.S. 143B-2 .1(b), which area (1;) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violation; () The duration and gravity of the violation; (3) The effect on ground or surface water quantity or quality or on air quality; (4) The cost of rectifying the damage (.) The amount of money saved by noncompliance; () Whether the violation was committed willfully or intentionally () The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority-, and () The cost to the State of the enforcement procedures. (Date) Kerr 'i . Stevens, Director Division of Water Quality' p STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COUNTY OF IREDELL tM1vTIST`tN IN THE MATTER OF ASSESSMENT T ) °AIV OF RIGHT TO AN OF CIVIL. PENALTIES AGAINST ADMINISTRATIVE HEARING AND PERMIT T NO. WQ0000701 STIPULATION OF "A T FIDE NO. PC 00-064 Having been assessed civil penalties totaling S14 429.64 for ; violation(s) as set forth in the assessment document of the Director of the Division f Water Quality dated, larch ln: l_ , the undersigned, desiring to seek remission of the civil Penalties, does Hereby waive the right to an administrative hearing ; in the brave -stated natter and does stipulate that the facts are as alleged in the assessment document. This the day of ` 001. SIGNATURE ADDRESS TELEPHONE 0 1 , 9 91 -7 9- 0 9 NON -DISCHARGE COMP PAGE 1' FC - 00 - U611*1 NORTH CAROLINA DEPARTMZNT OF 1 ON EtT AND NATURAL Rzooms M.M� Vy ! NOR � �2 2000 %QUA( p"y+ ry fey b d. 1 00 rr PAR l noo ::nt. MARY tall' M Jeff Poupart .M DRex Gleason RED `: Ellen Huffman SUBJECT: Recouttrtend tion for afore utettt Violation of Pomit Noi" 0701 s . Attache is the of meat r p c�1mmeadatio concerning in violations tions of th ula t 1 e„ permit. The violations resulted from. Tyson Foods' mismanagement of land application t ` activities, This Office, recommends a ubs tial penalty® The attached material should be self v lan tort' howevcr, ifyou havo any questions, ` 1 contact °i 11 n Huffman car sue, l s p 711 Attachments v ebb Ott) NORTH :..MAIN STR99Tn MQQRWfV1T.LX, NORT14 iGaSNNcaURA281:1 AN KOVAL t A N t*MAVVC .A. TN N+N REMPLOVER ^ $Wt RECYCLE0110 P T-CONAWMIR P 1-0059 NON -DI! PAGE 02 Page I On June 12, 2000 a Notice of Violatin n/Recornmendatioll for Enforcement was sent to Mr. Lawivnornpson, Jr., PrOJ ect Engineer, Tyson Foods, Inc., advising him of the permit violations and the intent of the, MRO to pursue an enforcement recommendation. Chronology of Eiveots/Cortegpondeuce May 24, 2000 Complaint received in M.RO from Mr. Ben Knox, NC-DA, tin ruin problems at Tyson Foods, Inc. (17) residuals land application site owned by Dr. Richard Adams off SR 198o (moraoSomery Road) in Rowan County. May 25, 2000 lvin, Ellen Huffinan met with Ben Knox and Cbarles, Lcc, rail saws of Dr. Adams' property, at the subject 14nd applioation site® The sub contracted operalor/tru& driver for TeiTa Rencvtal Sri TRS) was met at the gate. The operator could not, produce a copy of the, portrilt or a spill plan as required by the subject pennit, over application of rosiduah; were observed to have occurro-d on scyoral fields an Dr. Adam's fartu. Photos were taken. 00 16:59 919-733-0059 NON -DISCHARGE COMP PAGE 03 Chronology of Event3/Correspoodence couthrued page 2 (complainant), Mr. Charles Lee (farmer), and Mr. 3o Smith with Terra Ranewdl, Serviees" The observations that, were made On May 25, 2000 by Mrs. Has were pointed out to theTF representatives and Bo Smith. Soil samples were, colleeted from a field that had recently received waste. June t 2, 2000 Rec-eived sails analysis (performed lay USDA) from Mr. Ben Knox for the soil sartiples taken on May 3 0, 2000 by Ben Knox, Analyses sho`hi h nitrogen and Ia soluble salts on several fields. June 12, 2000 NOVNRE. sent to Mr. Lawrence Sampsell, Project Engineer, Tyson foods, Inc., indicating violations of the subject permit had been documented. Mn Sampson was informed that an enforcement recommendation would be pursued. June 13, 2000 Letter from Ben Knox documenting questionablo land application activities since June 1999, by TXS sab-contractor, Lundy, Inc. Letter also clarifies,which tields Ivir. Lee (the farmer) had applied fertilizor. July 712000 A fax response to The NOVIN frour Dan Crowe, Tyson Foods, was received at the Mooresville Rcgiunal Offioc* The rvspans e indicated that Tyson had mforincd Lundy (subcontracted by TRS for land application services) of permit rcqWronient& Tyson alsostated that Lundy was rc,3ponsiblc for the failure to oomply with the permit, as instracted. July 1712000 Truvking logs received from Mike C cok, TRS, Review of logs showed applioation during February on partially frozen land as well as inappropriate cover crop of corn (should be a winter crop such as winter wheat). July 21, 2000 Review of resubmitted annual it -port for 1999 confirmed over application of residuals in 1999 on the Adams farm. The first annual report was returned May 30, 2000,as linconkplete' by Non -Discharge Compliance Enforcement Unit. The resubmitted report is also moompletc. PSRP (stabilization) data is not included in the report as required by permit condition I- 11, 0110 1 :5 1 5- 5 NON -DISCHARGE COMP PAGE 0 CHECKLIST FOR I. A copy Ofth It ( 7 1) is attached. 2. The violator is Tysou Foods, Incorporated. Mr. Lawrence SMpson, is an agent for the conrpanYP . Lawrence Sampson, Jr.. project Engineer Tyson Foods, hic. Post Office Box 88 Wilksboro, forth Carolina 28697 3. This enforcement does not include effluent limit Violations- it involves violations of non -discharge Permit conditions. Copies of coiTespondence are attached, . Then are no chaut-cf-custody samples. The violation i not t power fait or by-pass f tr erat la ity,_ . Are vi lation(O aad/or due to a aingle operational s et The violation is con3ideredto be chronic due to poor management practices cave 'the last 24 rsrontha. 1 Were any specific notitieati m. hr fined concerning rrt rreo pliatt ` OWNRE was sent on June 12, 2000, which documented the subject Permit violations and indicated that an enforcementrecommendation would be prepaitt . Cost of the Investigation: hours by Ellen for preparation f enforcement report at $20,38/hour 81,5� l hour by D. Rex Gleason for supervisory review at 7.10 7r 1 hour for clerical processing at $10.93ftur ' M 93 Administrative Cost for processing report. - 03 Q ` Total 429,64 pr 919-3-09_ NOW CIVILASSESSMIENT FACTORS T J kLITY CASE CASE r Tysion Foods, Inc. AssEssmr,NT FACTORS, A, C.AUSE OF THE, VIOLATION(S) The violations are, the result ofTyson Frauds, lne. lfailing to Comply with the terins d conditions of their land application Permit, it Condition 1. 7. requires that a copy of the permh be maintained at the land application site when residuals are being applied and that ill prevention and control plan e maintained in all residuals transport and application vehicles. None,of the vehicles on site had spill control plans or a copy of the State issued permit. be Perr�iit Condi ion 1. . requires that specific ren d a aplivat � s clearly marked an each site prior to and during liea ion. No buffers were fed. Pe . Condition it. r ues application rate not exceed the application rate specified in the permit.The contractOr staff oil site could not verify application Mtc, Additionally, application rate appeared e aresiduals were surfacingin several.. places d there l dual migration throughout the application field. Permit Condition 11. l • requires adequate r is oils ttor v wind . erosion d surface-o from cojjvcyiue,pollutants from the residuals application area onto adjacent property or into any surface waters. Evidence Of residuals run-off could be seen at several application site. Residuals -Off` was also observed to have enter d adi azent Property r Permit Condition 1.1 requires flint residuals not plied at rats greatthan a nanomie rates unless authorized by the Division, Soils to is confirm observation ofapplication greater than anomie rate. permit Condition 111, 2 requires that proper records be maintained by the Permittee to tmk all application activities. These records shall include, but are riot necessarily limited to the follo vie k a source of residuals b date ofresiduals application Q. location ofresiduals application (site, field, or zone d mcthod of application c. weather conditions ($army, cloudy, raining, etc) f. soil 0onditions a type of crop or crops to be to a on Meld it. v it . e of residualsapplied in gallons/acre, dry to `a re of ilogr hectare PF1111016.59 61 -7 - 9 " NON -DISCHARGE COMP PAGE 0 moal and Cumulative totals of dry tons/acre of residuals, gal as cumulativepounds/acre of each lava y metal (which shall ioclude, but not 1 limited to Cadmium, CQPPcr, lead, nickel, and n 1 annual Pounds/acre o plant available nitrogen F d annual poundslacre of phosphorus, applied to cash field, Neither Tyson Foods not TRS could proNide adequate loading data or cumulative totals for land application activities for previous events at these sites, Also not reoordcd were residual stabili2ation monitoring, method of application, weather conditions, soil conditions, and tYPe Of crt) FxTENT OF HARM CAUSED BY THE VIOLATIONS) R_egidual& did not appear to have entered surface waters, C. J)URATION OF THU VIOLATION(S) The violations, occurred sometime between July, 199d May, 2000. D. EFFECT OF VIOLATIONS) ON WAfER, PUBLIC HEALTHFISH ORWILDLIFE There is no documented effect on Nvat r or public, health as result of the violations. L. EyFECTIvENE SS OF ANY PREVENTIVE ORRESPONSIVFMEASURE TAKEN THE VIOLATOR Tyson Foods did not take'any Fr 'v mil or ra IsOnsi e action. F. COST OF RECTIFYING THE DAMAGE OR INFORMATION TRAX WOULD BE NEEDROTO DETERMINE THE COST,'SUCH AS pROCESS RATES, CLEAN UP COSTS Cost ofd- age is difficult to determine. Crop damage has been confirmed, but crop has not yet been harvested. G. THE ALLEGED VIOLATOR!PLI OR NONCOMPLIANCE Tyson for violationso thesubject land application Foods permit on Februaryassessed , 1993 (case .WQ9 - 1), ThThe penalty , , 9) Nvas paid in full on February 1 , 199 . TF was also assessed a penalty for violations of the subject ct tit on January , 199 (case no, 9 - 005). The enaltt , 40,7 paid in full out jw-juary 20, 1 � Other r session enforce nt oases include L ' 9 -014 1 : It l° t. NiOlad nal ' which 'IT was assessed $4,806j06 on October 31,,1996 and the oompany paid in full o November 21,1990, -AUT1GATXN(;,,kGGRAVAT1NG FACTORS, IF ANY This Office is ;concerned with the past story of poor managenientof TF's n discharge activities. Tyson warns to have a "la0k Of rn" about the it c ndition$, and poor oversight of their Sub-COWTOCtOr, TRS, This is not the first violation for over application of residuals thatTyson has had. Getting field data was difflouft at beat} Regaested field data (sent by ) for this reviewincomplete, ai report (by T )vas returned as incomplete. Resubmitted annual report by Tyson Foods (also incomplete) revealed PSRP testing for residual stabilization was not conducied nor rqortud for 1999 10 1 :59 91 -73 - t59 NUI-nt CHAF PW7 , _OF NORTH CAROLINA NORTH ckROLINA ENVIRONMENTAL G i NT COMIS419SION couNTY OF ROwAN 'File No. PC IN TMMATTER Of", TYSON FOODS, INCR 'FOR VIOLATIONS Of PEWMIT) NO. WQ0000701 AND NCGS l-1®l FOR FAILING TO PRO-PERL, OpE,RATE AND MAINTAIN FINDINGSAND DECISION AND ASSESSMENT F CIVIL PENALTY 1, F UT' Tyson Foods is aft me grated business organived and er 'sting under the l Ws Of the ;State of North°mina. March 31,1998,1 issued. Water Quality Pe fit NO- WQ0000701 to Tyson Foods for the operatico of a wastewater TeSIdUalS land applica, tion Residuals sourc .. arc Hannony, Caso Fam, a, and Townsend processing Pleats, pormitted disp s l site are located in Alexander, Davie, Rowan, Yadkin, and Wilkes CoutalO. n May 25,2000, DWQ staff from the Mooresville Regional Office observed poor operating conditions on several arem of Dr. Richard Adams farm in Rowan Cyr D . Said petmit contains the fall wing relev t conditions- • Permit Condition 1. 7 requires that d copy of the melt be maintained at the land application site whenresiduals are being applied (during e life of tine permit) d that a spill prevention and control plan be maintained in all residuals tr rrspnrt and application vehicles. None of the vehicles on site had spill controlplans d a copy of the State issued :permit was not available. • permit Condition 1. 8 requires that specific application area boundaries be clearly marked on each site prior to and during applicatiom No buffexs w r o marked as requited. Permit Condition iln requires that application rates istated in the p rnnit not e exceeded for specified craps. The sub-oontractur staff on site could not verify application rates. Additionally, application rates appoared to be e ecssive as injected residuals were surfacing in several places a3d there were sirs of residual migration 11troughout the application field. t 6:59 919-733-0059 NOWDISCHARGE HP PAGE 09 permit "t Condition 11, 12 requires that adequate Pro-visiccr3 betaken to prevent wind erosion d surface zcouveYing pollutants rQ the residuals application area onto the adjacent p peace or its any surface tet°sW Evidence of residuals run off could be seen at, several application sites.. Residuals run-off had also entered adjACent Property along a fence line. Permit Condition 11w 1 require that residuals not applied. at tear ter then udinle rutcs, tactless authorized by the Division, Soils tests indicate that residuals were being applied at luc ter -am agronomic rates, ys n's Nitrogto calculation raethod is questionable. Permit Condition 111, 2 requires that proper records be maintained by the peradttee trucking all application otivit es: These records include, but are not necessarily limited to the follo in . source of residuals b dame of residuals application em locution of residuals application (site, field, or z0neO d: method of application e. weather conditions (sonny, cloudy, raining, etc.) f, soil conditions S. type of crop or crops to be gromm on field t ovolume of residuals applied in gallonslacre, dry to acre or kilograrns/hootare } annual and cumulative totals o� vy rettll/acre of residual$, annual and ltih shall include, but t e cumulativepounds/acre of each limited to cadmium, copper, lead, nickel, and zinc), annual p+ +sate of plant available nitrogen a and annual f icre of phosphorus 1d provide adequate applied t each field. Neither Tyson adds loading to or cumulative totals fur l application li previous tion act ivities for events at thesesites e method used to calculate _ s not adequately reflect what is in the storage �- t Tyson Harmony Plant. Sampling: procedures need to be changed to more accarately reflect fe Material bein& land applied. A notice of Violation concerning the (above rttenti teed) violations writ to Tyson Foods, Inc. by DW 's Mooresville Regional t f aoe can June 12, 2000. } The cost to the State of the enforcement procedures in this matter totaled $429.64. Based upon the above Findings cif"Pact, 1 take the following: A. Tyson Foods, Inc; is a "person" within the, meaning of GS. 14 - i . 6A pursuant to G.S. 143- 1 4 . e disposal system cited in Findings ofFact B. above Uls within the definition of'same at G,S, 143-213 f11 or' 3,So 143- 13 1 » it is required for the disposal of wastewater pursuant to 0,S, 143. 31 .11: d Part V1, Condition No. 4 of DWQ Permit No, WQQ00070L PPF12F01010 16:59 91 - 99- 9 9 NON -DI F l : Tyson Foods, lnc.'Violated 03. 14 > 1 .'1(a)l DWQ Permit No. WQ0000701 by filing to Pro) discharge land application system. PAGE 1 Aition No. 4 of maintain a non a Tyson Food$, Inc.Xnay, be ses ed, civil penalties in this matter pursuant to G.S. 1 - 1 la ( , which provides that a civil penalty of not more than twenty five drqumnd dollars per violation may he assessed against a person who is required but fails to apply for o to secure d permit requited by G.S. 1 - 1 41 a , p. The t to's enforcement costs in this matter may be assessed against Tyson Foods, Inc, pursuant to G.S. 1 - 1 , fa d G.S. l - .1 b g The Director, Division of Water Quality,; pursuant to delegation provided b CT- , 1 - 1 , lh`l, has the authority to Mess civil penalties in this natter. 111. DECITNr Accordingly, Tyson foods, Inc, is hereby assessed a civil penalty Of', for failing to comply with Permit Condition 1. 7, which requires that a copy of the permit be maintained at the land application site when residuals are being applied (duringthc life of the permit) that a spill prevention and control plan shall he maintained in all residuals transport and application v hlcles. None of the vehicles on -site had spill control plans a copy of the State issued permit was not available. for failing to comply with Permit Condition 1. g, which requires that specific residual application area boon "es be clearly marked Oil each site pricer to and dining application. No buffers were marled as required, for failing to comply with Pertnit Condition 11. 4, which requires that application: rates shall not exceed rates for the specified crops in the permit, Application rates could not be verified by the sub-contractot staff on site. Application rates appeared to be excessive as injected residuals were surfacing in several places and there were signs o residual emigration throughout the application field. Review of (application) truck logs indicated poor weather conditions during land application activities. Photos show run-off from several application fields of the Adams f migrating into natural drainage ar'e for failing to comply with permit condition 11a 12, which requires than adequate provisions be taken to prevent wind erosion and surface runoff from curs veying pollutants from the residuals application area onto the adjacent property or into any surface waters. Evidence of residuals run-off could be seen at several applications sites. Residualstun-off was also observed to have entered adjacent property. 91 -733- NON -DISCHARGE P - PAGE 11 for failing to comply with P ermit Condition 11. 15 which requires residuals shall not bo applied at rats greater d-jan agronornic rates, unics,s authorized by the Division. on From the sample data collected, it a,ppcw.s that rc idual s are being applied at nruch greater than ronomi tee, Soil samples show high nitrogen and high soluable salts, Review of 1999 ax rzal report CORfITMS over application or residuals on the Adams farm for failing to comply with e it condition Ill. 2, which require e covis be maintained by the PeralittOc to track all application activities, TOTAL CML PENALTY, which is _ percent of the maximum penalty authoxized by 3. 143-215.6A, 4204 Enforcement cost TOTALii s required by G.& 1 - 1 , (e), itt determining the amount of die penalty 1 have e nsidered the factors r listed in r. ° 1 - " 1 t i , wvhich s ( the degree and extent of ljaxm to the naturalrcsOur= Of the State, to the public li alth, or to private pi p rtY resulting from the violations; ( The durution and gravity of the violations; ( The effect can ground or surface vvatct quantity or quality or on air quality; ( The wst ofr ctif�i the damage; () Tbc a Try saved by noncompliance; e; ( Vhether the violations were cis pitted willfully or intentionally-, ( The prior record of tita violator in complying or failing to comply with programs over which the 2nvirotunental Management Cormilission, has regulatory auth rityl d The east to the State of the enforcement procedures. ttte i Kerr T, Stevens Director Division of Water Quality NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MOORrmVILLe REGIONAL OFFICE MEMORANDUM TO Jeff Poupart FROM: D. Rex Gleason PREPARED BY: Ellen fluffman SUBJECT- ecommendation for Enforcement Violation of Permit No. WQ0000701 Tysonoods Inc Land application of Sludge RoNvan ouunt , North Carolina Attached is the enforcement report/recommendation concerning violations of the subject permit. The violations resuulted frown TysonFoods' 'mismanagement of land application activities., The attached material should be self-explanatory; however, 1f you have any questions, please contact Mrs. Ellen Huffnnan or me: Attachments elu 919 NORTH MAIN STR44T, MOORESVILLE, NCSFf"RH CAROLINA 281.iS � i 1~°WerhiE704-66-1699 FA.1€704-1*63-040 ,AN EQUAL. PI-ORTUNITY d AFFFRMATIV ACTION EMPLOYER - 5.0% RI CYCL CO/1 Qua POSTbCONSUMF]R 'PAPER Page Summary On Wednesday, May 24, 2000, the Mooresville •ille Regional Office received a complaint from Mr, Ben Knox, NCDA, concerning the improper application of residuals by Tyson Foods, Inc: (TF) on the Dr. Adams farm site off` SR 1980 (Montgomery Road) in western Rowan County, As a result of Mr. Knox' observance of field conditions, an investigation was conducted by. Mrs. Ellen Huffman with this Office on Thursday May 25, 2000. On May 30,2000, Mrs. Huffman met with Mr. Knox, ICI D.A, Mr. Danny Wyatt and Mr. Ilan Crow with Tyson Foods, and Mr. Bo Smith with Terra Renewal Services (the residuals contractor) at the application :sites in question. Observations made by Mrs. Huffman during the investigation on May 25, 2000, found that residuals had migrated from the residuals application area (tamed by Dr, dams) to a neighboring property. Residual migration was apparently aided by a rainfall event that occurred shortly after the application. Other application areas also showed suns of residuals migration. Mr. Knox collected soil samples from another application field (on Dr. Adams` farm) during the site visit on May 30, 2000, results from these tests are attached, On June 12, 200a Notice of Violation/Recommendation for Enforcement was seat to Mr. Lawrence Sampson,,Jr., Protect Engineer, Tyson Foods, Inc., advising hire of the permit; violations and the intent `ofthe MRO to pursue an enforcement recommendation. Chronology of E vents/Correspon deuce May 2 , 2000 Complaint received in MRO from Mr. Beat Knox,: NCD , concealing problems at Tyson Foods, Inc. (TF) residuals land application site off SR 1980 (Montogomery Road) in Rowan County. May 25, 2000 Mrs. Ellen Huffman met with Ben Knox and Charles Lee, f"anndrrleas e of Drr. Adams' property, at the subject land application site, The operatorltruck driver was met at the gate, Operator could not produce a copy of the pen -nit or a spill, plan, Over application of residuals were observed to have occurred on several fields on Dr. Adam's farm. Photos were taken May 2 , 2000 Received (via tax) field information for Dr. Adams' farni from Mike Cook, Terra Renewal Services (TRS-Tyson' sub -contractor), :Field information was incomplete and date of PAN analyses was from the previous monitoring period. The method used for calculating the pounds of PAN was also questionable. May 30, 200Follow-up investigation of Tyson Foods residuals disposal site by Mrs, Ellen Huffman with the D'W4`' . Accompanying Mrs. Huffman during the investigation was Danny Wyatt and Dan Crow with TF, Mr. Ben moat with NCDA (complainant), Mr. Charles Lee, farmer, and Mr, Bo Smith with Terra Renewal Services, The observations that were made on May 25, 2000 by Mrs, Huffman were pointed out to the TF representatives and Bo Smith. Soil samples were collected from a field that had recently received waste.: June 12, 2000 Deceived soil analysis by _ _ for the soil samples taken on May 30 2000 by ten Knox. Analyses show high nitrogen and high soluble salts on several fields Chronology of vents/ orrespondenee continued page Jonel2,2000 NOWNRE seat to Mr. Lawrence Sampson, Project Engineer, Tyson Ponds, Inc,, indicating that violations of the subject permit had been documented, Mr. Sampson was informed that an enforcement recommendation would be pursued. June I , 000 Letter from flea Knox documenting questionable application activities since June t999, by TRS sub -contractor, Fundy, Inc. fetter also clarifies which fields Mr, Lee (the fanner) had applied fertilizer. July 7,2000 A fax response to the OV/NRE from Ilan Crowe, Tyson Foods, was received at the Mooresville Regional Office, July 2000 Trucking bags received from 'Mike Cook, "fI'+S. Review of logs showy application during February on partially frozen land as well as inappropriate crap cover of corn (should be a winter crop such as winter wheat), CHECKLIST FOR PERMIT VIOLATIONS I . A copy of thePermit (4WQ000070 1) is attached. 2. The violator is Tyson Foods, Incorporated. Mr. Lawrence Sampson, is an agent for the company,. Mr, Lawrence Sampson, Jr,,, Project Engineer Tyson Foods, Inc Post Of Box 88 Wilksboro, North Carolina 28697 3, This enforcement does not include effluent limit violations. It involves violations of non - discharge Permit conditions. 4. Copies of correspondence are attached. 5. There are no chain -of -custody samples. 6The violation is not due to a power failure or by-pass of any treatment facility. 7, Are violation(s) chronic and/or due to a single operational upset? The violation is considered to be chronic due to poor managernent practices over the last 12 months. 8. Were any specific notifications submitted concerning noncompliance? A NOVINRE was sent on June 12, 2000, which documented the subject permit violations and indicated that an enforccirient recommendation would be Prepared. 9Cost of the investigation: 4 hours by Ellen Flufftnan for preparation of enforcement report at $20.38/hour =$ 80.32 1 hour by D. Rex Gleason for supervisory review at $36.52/hour = 36.52 1 hour for clerical processing at $I 0.931hour = 1093 Administrative Cost for processing report = 3fi0-00 Total 42737 CIVIL PENALTY ASSESSMENT FACTORS `kid WATER QUALITY CASES CASE NAME- Tyson foods, Inc ASSESSMENT FACTORS: A. CAUSE OF THE VIOLATION(S) The violations are the result df "i`yson Foods, Inc. (TF) failing to comply with the tares and conditions of their lard application Permit, • Permit condition 1. 2. requires that a copy of the permit be maintained at the land application site when residuals are being applied and that a spill prevention and control plan be maintained in all residuals transport and application vehicles. ]~done of the vehicles on site had spill control plans or a copy of the State issued permit. • Permit Condition 1. 8. requires that specific residual application area boundaries be clearly marked on each site prior to and during application. No buffers were marked. • Permit Condition 11. 4 requires that application rags not exceed the application rates specified in the permit. "Flee contractor staff on site'could not verify application rates. Additionally, application rates appeared to be excessive as injected residuals were surfacing; in several places and there were signs of residual migration throughout the application field. • Permit Condition lf. 12`requires that adequate provisions be made to prevent wind erosion and surface run-off from conveying pollutants from the residuals application area onto adjacent property or into any surface waters. Evidence of residuals run-off could be seer at several application sites, residuals run-off also entered adjacent property along fence line; Permit Condition 11 15 requires that residuals not be applied at rates greeter than agronomic rates unless authorized by the Division. Soils tests and photos shove evidence of application greater than agronomic rates. Permit Condition 111. 2 requires that proper records be maintained by the Permittee to track all application activities. These records shall include, but are not necessarily limited to the following: a. source of residuals, b, date of residuals application C. location of residuals application (site field, or zone d. method of application e. weather conditions (sunny, cloudy, raining, etc. f, sail conditions . type of crop or crops to be grown on field 11, volume of residuals applied in gallons/acre, dry tons/acre or kilograms/hectare i, annual and cumulative totals of dry tons/acre of residuals, annual and cumulative pounds/acre, of each heavy metal (which shall include but not be, limited to cadmium copper, lead, nickel, and zinc), annual pounds/acre of plant available nitrogen (PAN), and annual pounds/acre of phosphorus applied to each field. Neither Tyson Foods Dior 'rRS could provide loading data or cumulative totals for land application activities for previous events at these sites. Also not recorded were method of application, weather conditions, soil conditions, and type of crap. B. THE DEGREE AND EXTENT OF HARM CAUSED BY THE VIOLATION(S) Residuals did not appear to have entered surface waters, CDURATION OF THE VIOLATION(S) The violations occurred sometime between July, 1999 and May, 2000. D. EFFECT OF VIOLATION(S) ON WATER, PUBLIC HEALTH AND FISH OR WILDLIFE There is no documented effect on water or public health as a result of the violation. E. EFFECTIVENESS OF ANY PREVENTIVE OR RESPONSIVE MEASURE TAKEN BY THE VIOLATOR Tyson Foods did not take any preventive or responsive action. F. COST OF RECTIFYING THE DAMAGE OR INFORMATION THAT WOULD BE NEEDED TO DETERMINE THE COST, SUCH AS PROCESS RATES, CLEAN UP COSTS Cost of damage is difficult to deten-nine. Crop damage has been confirmed but crop has not yet been hasteel: G. THE ALLEGED VIOLATOR'S PREVIOUS RECORD OF COMPLIANCE OR NONCOMPLIANCE Tyson Foods (TF) was assessed a penalty for violations of the subject land application permit on February 3, 1993 (case no. WQ92-021). The penalty ($2,456.39) was paid in full on February 16, 1993. TF was also assessed a penalty for violations of the subject permit on January 7, 1998 (case no, 97-005). The penalty ($4,440.77) was paid in full on January 20, 1998. Other Division en orcernent cases include LV 96-014 (NPDES Permit limit violations), in which TF was assessed $4,806.flu on October 31, 1996 and the on paid in full on November 21,1996. H. MITIGATING, AGGRAVATING FACTORS, IF ANY This Office is concerned with the past history of poor management of TFs non -discharge activities. Tyson seems to have a. 'lack of concern' about the pen -nit conditions and poor over -site of their sub -contractor, TITS. This is not the first violation for over application activity that Tyson has, ha& STATE OF NORTH CAROLINA NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF ROWAN File No. PC INTHE MATTER OF: TYSON FOODS, INC. FOR It OF PERMIT) FINDINGS AND DECISION N. WQ0000701 AND AND ASSESSMENT NCGS 143-215.1 OF CIVIL PENALTY FOR FAILING TO PROPERLY OPERATE AND MAINTAIN LAND APPLICATION SYSTEM) Acting pursuant to North Carolina General Statute (G.S.) 143-215.6A, 1, Kerr T. Stephans, Director of the Division of Water QualitDWQ), of the North Carolina Department of Environment and Natural Resources, make the following. FINDINGS OF FACT: ATyson is an incorporated business organized and existing under the laws of the State of North Carolina. 13, On March 31, 1998, DWQ issued Water Quality Perm ft No. WQ0000701 to Tyson Foods for the operation of a wastewater residuals land application prograoi. Residuals sources are 14an-non y, Case Farms, and Townsend processing plants. Permitted sites are located in Alexander, Davie, Rowan, Yadkin, and Wilkes Counties, C. On May 25,2000, DWQ staff from the Mooresville Regional Office observed poor operating conditions on several areas of the Adarns larm in Rowan County, D, Said permit contains the following relevant conditions: • Permit Condition 1. 7 requires that a copy of the permit be maintained at the land application site when residuals are being applied (during the life of the pennit) amid that a spill prevention and control plan be maintained in all residuals transport and application vehicles. None of the vehicles on site had spill control plans and a copy of the State issued permit was not available. • Permit Condition I. 8 requires that specific application area boundaries be clearly marked on each site prior to and during application. No buffers were marked as required. • Permit Condition 11. 4 requires that application rates (stated in the permit) not be exceeded for specified crops. The sub -contractor staff on site could not verify application rates. Additionally, application rates appeared to be excessive as injected residuals were surfacing in several places and there were signs of residual migration throughout the application field. • Permit Condition, 11. 12 requiresthat adequate provisions be taken to prevent wind erosion and surface runoff from conveying pollutants from the residuals application area onto the adjacent property or into any surface waters. Evidence of residuals run off could be seen at several application sites. Residuals run-off had also entered adjacent property along a fence line, • Permit Condition 11. 15 requires that residuals not be applied at rates greater than agronomic rates, unless authorized by the Division. Photos and soils tests show that residuals were, being applied at much greater than agronomic rates. Nitrogen calculation method is questionable. • Permit Condition 111. 2 requires that proper records be maintained by the Permittee tracking all application activities. These records include, but are not necessarily limited to the following: a. source of residuals K date of residuals application c. location of residuals application (site, field, or zone 4) d. method of application e. weather conditions (sunny, cloudy, raining, etc.) f, soil conditions g• type of crop or crops to be grown on field h. volume of residuals applied in gallons/acre, dry tons/acre or kilogran-is/hectare i, annual and cumulative totals of dry tons/acre of residuals, annual and cumulative pounds/acre of each heavy metal (which shall include, but not be limited to cadmium, copper, lead, nickel, and zinc), annual pounds/acre of plant available nitrogen (PAN), and annual pounds/acre of phosphorus applied to each field. Neither Tyson Foods nor TRS could provide proper loading data or cumulative totals for land application activities for previous events at these sites. The method used to calculate PAN does not adequately reflect what is in the storage tank at Tyson Harmony Plant. Sampling procedures need to be changed to more accurately reflect the material being land applied. • A notice of Violation concerning the (above mentioned) violations was sent to Tyson Foods, Inc. by DWQ's Mooresville, Regional Office on June 12, 2000, • The cost to the State of the enforcement procedures in this matter totaled $427.77, Based upon the above Findings of Fact, I make the following: IL CONCLUSIONS OF LAW: ATyson Foods, Inc. is a "person" within the meaning of G.S. 143-215 .6A pursuant to G.S. 143-212(4) B, The disposal system cited in Findings of Fact B. above falls within the definition of same at G.S. 143-21311 0) or G.S. t 43-213(17). C, A permit is required for the disposal of wastewater pursuant to G.S. 143- 215. 1 (a)(9) and Part VI, Condition No. 4 of T. Permit No. WQ000070 1. D, Tyson Foods, Inc. violated G.S. 143-215.1 (a)(9) and Part VI, Condition No. 4 of DWQ Permit No. WQ0000701 by failing to property operate and maintain a non discharge land application system, E. '1),son Foods, Inc, may be assessed civil penalties in this matter pursuant to G.S. 143-215.6A(a)(2), which provides that a civil penalty of not more than twenty five thousand dollars per violation may, be assessed against a person who is required but fails to apply for or to secure a pen -nit required by G.S. 143-215.1(a)(9). R The State's enforcement costs in this matter may be assessed against Tyson Foods, ,Inc, pursuant to G,S. 143-215.3(a)(9) and G.S. 14313-282, 1 (b)(8). G. The Director, Division of Water Quality, pursuant to delegation provided by G.S. 143- 15.6A(h), has the authority to assess civil penalties in this matter. III, DECISION: accordingly, Tyson Foods, Inc. is hereby assessed a civil penalty of for failing to comply with Permit Condition 1. 7, which requires that a copy of the permit be maintained at the land application site when residuals are being applied (during the life of the permit) and that a spill prevention and control plan shall be maintained in all residuals transport and application vehicles. None of the vehicles on site had spill control plans and a copy of the State issued permit was not available, $ for failing to cornply with Permit Condition I. 8, which requires that specific residual application area boundaries be clearly marked on each site prior to and during application. No buffers were marked as required, for failing to comply with Permit Condition 11. 4, which requires that application rates shall not exceed rates for the specified crops in the pennit. Application rates could not be verified by the sub -contractor staff on site, Application rates appeared to be excessive as injected residuals were surfacing in several places and there were signs of residual migration throughout the application field. Review of application togs indicate Photos show run-off from several application fields (of the Adams farm) migrating into natural drainage areas, for failing to comply with permit condition 11. 12, which requires that adequate provisions be taken to prevent wind erosion and surface runoff from conveying pollutants from the residuals application area onto the adjacent property or into any surface waters. Evidence of residuals run off could be seen at several application sites. Residuals run-off had also entered adjacent property along a fence line, g 7.77 for failing to comply with Permit Condition 11, 15 which requires residuals shall not be applied at rates greater than agronomic rates, unless authorized by the Division. It appears ;that residuals are being applied at much greater than agronomic rates. Soil samples show high nitrogen and high soldable salts, for failing to comply with permit condition 111. 2, which requires records be maintained by the Permittee to track all application activities. TOTAL CIVIL PENALTY, which is percent of the maximum penalty authorized byr G.S. 143-215.6A Enforcement costs TOTAL L AM(1MCtlVT DUE As rewired. by G. 143- 15 6A(c) in determining the amount of the penalty I have considered the factors [fisted in f1..1313•g.l(b), which are: (l) The degree and extent of harm to the natural resources of the State, to the public health, or to private property resulting from the violations, ( The duration and gravity of the violations (3) The effect on ground or surface water quantity or quality or on air duality, ( The cost of rectifying the damage; (5) The amount of money saved by noncompliance; ce, ( `whether the violations were committed willfully or intentionally; (7) The prior record of the violator in complying or failing to comply with programs over which the Environmental Management Commission has regulatory authority; and ( The cost to the State of the enforcement procedures. (Date) Kerr T. Stevens, Director Division of Water Quality land application for Tyson Subject: land application for Tyson Date.- Thu, 09 Nov 20,00 13:28:40 -050O From: Perry Wyatt <perry. vvyatt@ncrnail. net> Organization: NC DENR Soil and Water Conservation To: Ellen Huffman <ill en.Hu ffinan@ncmailnet> I have reviewed the lab analyses that you sent me. The soluble salts are a major concern on nearly all of the fields. High amounts of salts can reduce productivity and stunt plant growth. I would also recommend that test be run to check the copper and zinc levels. We are finding that high levels of these two elements can also reduce production. 3 oft 12127/2000 9:33 AM Lab Data Subject: Lead Data Date: Mon, 20 Nov 2000 1: :1 -050 From.- Perry Wyatt <perry.wyatt@ncmail.net Organization: NC DENDENR Soil and Water Conservation � To: Ellen Huffman E i n.Huft'rnan@n mail,n t t .: � Span reviewing the lab data the soluable salts are approaching levels that will cause yield reductions on crops such as corn and soybeans. As .salt concentrations in the soil increase plants must exert increasingly more effort to extract water. Coluable salts also have the potential to destroy the soils structure; and reduce water infiltration. Melds began to decline when soluable salt bevels are at 1. (Ce Concentration, hcs/cm), this is assuming that average moisture conditions are maintained throughout the growing season. if moisture conditions are lower, salt concentration increases along with salt injury. On average, salt concentration doubles as the soil dries from saturation to field capacity. It doubles again as it dries to wilting point: As you can see from the test results Fields 1, 2, P2, Ql, and Ml are already above 1.5 while the gather fields are approaching 1.5, 1 would suggest that applications to all of these fields be halted before futher damage to crop production and soil structure can occur. James A. Gmham Conillli�Sioncr 4 471 ep n i-t nr r i i t of rirrillitre h (Erni.,5,tinter -4 erb�frr.s June 132000 Ellen Fluffman NCDENR Div, of Water QualitV 919 N. Main St, Mooresvilic, NC 28115 Dr, Riehard C,. Reich Director I am concerned about the over -application of biosolid residuals by Terra Renewal Services, TRS, for Tyson Foods on the Adams Fann that Charles l-ee is renting for co m and soybean production, I believe it is having an adverse affect on crop production and yield. On June 25,1999, Charles Lee and I examined corn on the Adams Farm, . I found the corn to he extremely stunted with yellow streaks between the veins. A definite pattern of damage was observed. There would be four rows of damaged corn and then two rows of nortnal corn, Damaged corn was only six inches tall and normal corn 5 feet tall. On July 1, 1999, Charles Lee, Kent Messick, Agronomic Division, Field Services Section Chief, and I revisited the Adams farm to take soil and, plant tissue samples. 'While there ore ohs e rved the application of brosolids, We sampled the biosolids and measm-ed the application area receiving two thousand gallons. We calculate the area covered to be 3000 square feet for an application rate 29,069 gallons per acre. Waste analysis report number WOO I 48W showed, 27 tbs. PAN per 1000 gallons. This is an application rate of 785 tbs PAN per acre, 'rhe application rate, of 785 tbs, PAN from the biosolids is far above the permitted application rate of 160 lbs, PAN per acre for corn for grain and 200 tbs, PAN for soybeans, It is suspected that the stunted symptoms are a result of over application of nutrients applied in 1999, On May 22, 2000 Charles Lee, Kent Messick and I returned to the Adams Farm to evaluate the growth of this years corn crop, We found some stunting but not as severe as in 1999, We took, soil and tissue samples of a corn field where biosolids had been applied. We found brosolids approximately 6 inches under the stunted corn and the soil test results show a nitrate level of 163 plum under the had and 164 ppin under the good core, This is approximately 291 tbs, PAN per acre. We did not check for ammonium in these too samples, However Mr. I. did apply nitrogen to the corn crop and this is also contributing to the high nitrate level. On May 30,2000 Charles Lee, Ellen Huffnian, Division Water Quality- Steven Smith, Terra . I Renewal Services, Daniel Crowe and Danny Wyatt of `yson Foods, and I met at the Adams 4300 RccdY Creek Rmd, Rdv-igh, North Carolina 2760? (-,465 (9 l 9)?33-2655- FAX 9 � 97332817 An Equal Opportunity Affirmafive Action Employer pppppp- Farm to discuss residual his lids application and to observe fields where the material had been applied. I too soil samples of field P that already had one application of sludge and TRS had returned and made a second application, Soil samples were taken where a first and second application had been made, All three samples showed high nitrates and ammoniwn levels, The single applicationhad 692 lbs PAN per acre, 'Fhe double application in furrow had 473,48 tbs. PAN per acre. The double application between the furrows had 450 lbs. PAN Per acre. Charles Lee had not applied any fertilizer to this field, If I can be of further assistance, please let me know. Sincerely, J. Ben no Regional Agronomist Ccl- J. Kent Messick Charles Lee NORTH CAROUNA 0&�OATMEW or t:kvtO64kew 4�46 0*i*� kt�swRc�Es June 11, 160 CE,RTWIED MAUL RETURN RECEIPT REME-STED Mr. Lawrence Sampson, Jr., Project Engineer Tyson Foods, Incorporated Post Office Box 98 Wilkesboro, North Carolina 28697 Subject: Notice of Violation and Recommendation for Enforcement Permit No: WQ0000701 Tyson Land Application Program Rowan County Dear Mr. Sampson: A site inspection of Tyson's land application fields at Dr. Adams' farm was conducted on May 25, 2000 by Mrs. Ellen Huffman with this Office as a result of a concern with crop conditions noted by Mr. Ben Knox North Carolina Department of Agriculture (NCDA). The following violations of Permit Number WQ0000701 were observed: + Permit Condition 1. 7. requires that`a copy of the permit be maintained at the land application site when residuals are being applied during the life of the permit and that a spill prevention and control plan shall be maintained in all residuals transport and application vehicles. None of the vehicles on site, had spill control plans and the copy of the State issued permit was not produced. + PeitCondition I. 8. requires that specific residual application area boundaries shall be clearly marked on each site prior to and during application. No buffers were marked as required. + Permit Condition 11. 4. requires that application rates shall not exceed the following for the specified crops - Cron P Alfalfa 200 Forest (Hardwood & Softwood) 75 Bermuda Grass (Hay, Pasture) 220 Milo 100 Blue Grass 120 all Grain (Wheat, barley, oats) 100 Corn (Grain) 160 Sorghum, Sudex, (Pasture) 180 Corn (Silage) 200 Sorghum, Sudex (Silage) 220 Cotton 70 Soybeans 200 Fescue 250 Timothy, Orchard, & Rye Grass 200 Application rates could not be verified by the sub -contract staff on site. Additionally, application rates appeared to be excessive as injected residuals were surfacing in several places and there were sips of residual migration throughout the application field. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 91,9-715-6048 An Equal Opportunity Affirmative Action Employer .50% recyoled/10% post -consumer paper Page 2 Notice of Violation and Recommendation for Enforcement Tyson Foods WQ0000701 a. source of residuals b. date of residuals application ce location of residuals application (site, field, or zone d. method of application e. weather conditions (sunny, cloudy, raining, etc.) f. soil conditions g. type of crop or crops to be grown on field h. volume of residuals applied in gallons/acre, dry tons/acre or kilogram s/bectare i� annual and cumulative totals of dry tons/acre of residuals, annual and cumulative pounds/acre of each heavy metal (which shall include, but not be limited to cadmium, copper, lead, nickel, and zinc), annual poundslacre of plant available nitrogen (PAN), and annual pounds/acre of phosphorus applied to each field. Neither Tyson Foods, nor TRS could provide loading data or cumulative totals for land application activities for previous events at these sites. The Division of Water Quality is currently reviewing the severity of the noted violations. Prior to our preparation of an enforcement action, Tyson Foods may respond to this Notice of Violation. Response to this NOV should include mitigating circumstances for the violations and include any new procedures that will be implemented to prevent any recurrence, Please reference the state issued permit number when providing your response. As you may know, Tyson Foods may be assessed civil penalties in this matter pursuant to G.S. 143- 215.6A(a)(2), which provides that a civil penalty of not more than twenty five thousand dollars ($2,5,000.00) per violation per day may be assessed against a person who violates any permit condition, classification, standard, limitation, or management practice established pursuant to G.S. 143-214.1, 143-214.2 or 143-215. If you have any questions regarding this Notice of Violation and Recommendation for Enforcement, please do not hesitate to call Mrs. Huffman or me at 704-663-1699. Sincerely, D / Z , k D. Rex Gleason, P.E. Mooresville Region Water Quality Supervisor cc. Non -Discharge Compliance / Enforcement Unit, Kevin H. Barnett Non -Discharge Permitting Unit Shannon Mohr Thornburg Mooresville Regional Office, Ellen Huffinan Technical Assistance and Certification Unit Central Files NORTH CAROLINA DF-PARTMENT OF ENVIRONMENT ANC NATURAL ResoURCES MOORESVILLE REGIONAL OFFICE: October 2, 2000 JAM ES S. HUNT JR, Mr. Crowe GOVERNOR Dan Tyson Foods P.0, Box 1,58 Haimony, NC 28634 BILL HOLMAN SECRETARY Subject: Non -discharge Inspection Tyson Harmony Facility Ise it No. 3701 Iredell County Dear Mir, Crowe: Enclosed is the non -discharge inspection report that was conducted on September 19, 2000 by Mrs. Ellen Huffman with this Office. This inspection is part of our initiative to inspect all non -discharge programs during each calendar year. It is noted in Ms. Hufftnan's report that Tyson is in the process of having Horizon Engineering inspect the subject storage facility and develop a spill plan for the. facility. The spill plan is to, be submitted to the Division of Water Quality upon completion. The inspection reports should be self-explanatory; however, if you have any questions, please contact Mrs. Huffman or me at (704) 663-1699. Sincerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Attachment co: Non -Discharge Complianee/Enforcernent Unit NOW 919 NORTH MAIN STRIErr, MOORESVILLE, NORTH CAROLINA 201 15 PmoNE704-663-1699 FAX704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATtvE ACTION EMPLOYER - 50% RECYCLE0110% POST-CONSUM90 PAPER MOWTVIRMS James B. Hunt, Jr., Governor Wayne McDevitt, Secretan,,. Warr T ;t en Director COMPLIANCE INSPECTION GENERAL IATFORM,4TION City/Town/Owner.- Permit No.: WQ �0_0701 Issuance Date: March 31,1998 Last Amended Date:N/A Expiration Date: pri 3i?, 2000 If applicable SOC Issuance Date: /A Expiration Date: N/ Permittee Contact: Danny Wyatt Telephone No.: 33 - 3 -21 1 RC e: Alan —Brown Telephone No.: 33 /492- 3q Reason L"ar Ins p t era ROUTINE COMPLAINT X.-_ ",--FOLLOW-UP T pe T"r"rtetatr Collection System _Spray Irrigation X Sludge Other Inspection Sit as 7 d" ti r °f comments is n > be included on qt1achgdpg,&es The Tyson Harmony Plant renders Nvaste poultry by-products into a "corn meal"type product that is used as an additive for animal feed products. Residuals from the Wilksboro, Townsend Foods, and Case Farms plants are transported to the Harmony Plant where they are further processed and,stored r are, land applied "as is" after mechanical DAF process. There has been no land application activity Tom the Harmony facility sine issuance of the Notice of Violation/Notice of Recommendation t endation for Enforcement on June 12, 2000. Tyson is currently providing additional treatment for Wilkesboro Toy end, and Case Farms DAY residuals at the Harmony plant. Tyson is sending all of the residual material from Harmony'Harmony's residuals storage facility to Alabama for land application. The residual storage facility was inspected during this visit. The new contractor, ENL& Resources, is planning application activity in October, from storage only) on land permitted in Alexander County. A follow-up inspection will be conducted once the above mentioned land application activity begins. Tyson dues not have d spill plan for the Harmony storage t as required) but has hired Horizon Engineering to review all of their facilities; andHorizon Engineering is scheduled to inspect the Harmony facility on September 2 , 2000. Tyson will send the completed spill plan to Raleigh and the NMO. s ajollott-up inspection ecessar y X yes —no Inspector(s) es/T itlesller Huffman / Eny. 3 edlniciaza Telephone No. 704/663-1699 Fax No.. 04/ 3- 4 Date of Inspection etrtrnberl 9. 200 4 PPP1 pppppp- ResidualsJoapection Pg Tyson WQ0000701 Iredell County jjgLkf Residual X Land Application(industrial residuals) Distribution and Marketing (class A) Record KeMLng No land application activitj,, at time of inspection. Y/N Copy of current permit available at residual generating site Current metals and nutrient analysis (see permit for frequency) TCLP analysis _SSFA (Standard Soil Fertility Analysis) Nutrient and metals loading calculations (to determine most limiting parameter) Y Hauling records- # gal/tons hauled during calendar year to date Field loading records Y Field site maps and information Records of lime purchased (only used when residuals are surface applied) n/a Pathogen & Vector Attraction Reduction Comments- *No land application activity at time of inspection. Items will be checked once analyses are. submitted to the MR0 prior to land application. at erg & Vector Attraction Reduction records (check which methods apply) N/A -see comment below. Comment: This permit does not require fecal analyses or vector attraction reduction, however, fecal analyses should be considered as a monitoring parameter, as long as waste from the Wilksboro, Townsend Foods, and Case Farms plants, can be'applied "as is" after DAF mechanical treatment. Only the Harmony Plant has a process that is `hot" enough (I 60-2001F) to get adequate fecal kill. Waste shipped to Harmony is pre -heated before being processed in a three phase Alfa Lavel decanter (centrifuge). Fecal coliform Not required - SM 9221 F. (Class A or B) (Class A, all, test must be < 1000 MP N / dry grain) 106 (Class B, Geo, mean of 7 samples/monitoring period - <2.0* CFU / dry gram) - Sly 9222 D (Class B only) 106 (Geo. mean of 7 samples/monitoring period for Class B <2.0* U / dry gram) Salmonella (Class A, all tests must be < 3MP N / 4 grams dry Time / Temp records Not required Digester (MCRT) _ Compost n/a Class A lime stabilization n1a Volatile Solids Calculations Bench -top aerobic/anaerobic digestion results _n/a pH records for I ime stabilization (Class A or B ).,n/a PPP- pppppp- esiduals Inspection Tyson WQ0000701 Iredell Count Treatment (check treatment type(s) user) NIA Comment: Residuals are considered an industrial waste product. See comment under pathogen d vector attraction. ,aerobic digestion n/°a Autothermal Thermophilic Aerobic Digestion (ATAD) }a Anaerobic lest n/a Drying in beds (may not meet 3`s n/a Alkaline Stabilization ime other Compost (check: treatment type used) Windrow n/a berated Static pile n/a In vessel, n/a dither n/a Trans ort Permit in transport vehicle? Y Spill control plan in transport vehicle? Does transport vehicle appe to he maintained? Overation-A Maintenance records Noland application e tNi4y at time ofinspects n. Calibration records of land application equipment n/a Condition of land application equipment on site n/a Storao ge Number of months storage 0 dam Describe storage. above ground tank with a 5220.000 Lyallon canacity, (if more than yrs, does facility have Surface Disposal Permit?) ra/ Spill control plan on striae situ ' sr�n dries not have a s ill I fnt it,s store e t k s re aired but has fired. Horizon n in erin to review it's facilities. 1lori rtn is scheduled to inspectjDspect the Harmony lacilitv on Se ternbdr 27 00 son will send the cony `feted ill l to I�alei h the MRO. Lagoon _ - Is lagoon lined Above ,ground tank X In ground tank, n/a ,aerated fixed X berated Mixed Drying beds Concrete storage pads a nlin Describe Sampling. As the current permit allows, wastes from the Wilkesboro, Townsend Foods and Case Farms Facilities can be land applied is'' or receive further treatment at Harmony. Each waste stream i sampled and analyzed separately. Calculations submitted in the 1999 annual report were found to be questionable and confusing. DWQ returned the 1999 annual report. A revised 1999 annual report was received July 21, 2000. Subject permit is currently being processed for renewal. Residuals Inspection pg 3 Tyson WQ0000701 Iredell County Is sampling adequate *X Is sampling representative *X *The new contractor, ENIA, has contracted with Tyson to apply pMj , waste residuals from the Harmony storage, facility, wtuch contains the residuals generated from the Alfa Lavel decanter process at the Harmony Plant. Field Sites No land application activity, at time of i''nspection, — Perinit on site during application — Spill plan on site — Buffers adequate — Cover crop specified in permit — Documented exceedances of PAN limits — Site condition adequate — Signs of runoff / ponding if no, improvements recommended) —Rain Gauge on site during application Comments - Are there any limiting slopes on fields? YN N —10 % fors face application _I 8% for subsurface application Monitoring well(s) in permit: no If yes, Location of well Odors/vectors No land application activity al time of inspection. Odors present — Vectors present Describe any nuisance Conditions and any corrective actions needed. Comment: Tyson has a history, of odor problems. The current permit, allows (possibly unstable) to from, Wilkesboro, Townsend Foods, and Case Farms to be land applied �car processed further at the Harmony Plant. Partially stabilized residuals may be'the cause of the odor. P17 2003 14: 03' 919-715-6048 DWO NON DISCHARGE BitPAGE 03 d M cl41 1 F q'slay, Governor William G. Ross Jr, Secretary North arc lina Department of Environment and Natural Resource AlanVV Ornak, P.E., Da for Division of Wa,tor Gu lity .July 3, 2003 T"t" t N POULTRY. INC. POST OFFICE BOX 15 HARMONY, NORTH CAROLINA 28634 Subject: Permit No. WQ0000701 "Tyson Poultry, lnc, Harmony, ry, NC rendering Pl nt es duals Land Applydauon Program Land Application of Residual Solids (503Exempt) lydell County Dear Mr. Crowe: In response to your perrrdt modification application packages received on .July 30, 2002 and .January 3 3003, we are forwarding herewith a reissued Permit No. WQ0000,701, dated June 15, 2001, to Tyson Poultry, Inc for the ,subject residuals [arid application progr°araa This permit shall be effective from the date of issuance until May 31, 2006, shall void the first .June 15, 2001 issuance of Permit No, WQ0000701-1 and shall be subject to the conditions and limitations as specified therein, Make mote of this permit's expiration date and the fact that a perrmt renewal application is clue, to the Division of Water Quality ll i'visiouj no later than six months prior to that date (i.e., see Condition V1, .), as the Division does riot send reminders to apply for= permit renewal, Please mote that this perrnit is being reissued only in a new format to facilitate new permit review procedures that have been put into place by the Division, Note that no approval of the requested per t modifications is being provided by this issu rsce of the permit. A separate approval or denial of these modifications will be forthcorning to you from the Water Quality Section of the Division's Mooresville Regional t fflce. Tie advised that operation of disposal facilities without a valid permit is a violation of North Carolina General Statute § 143-215A and may subject the owner/operator of the facilities to enforcement action in accordance with North Carolina General ,Statute 143- 15.6. Civil Penalties of up to $10,000 per day per violation may' be assessed for failure to await the issuance of a permit required by North Carolina General Statute § 14 -215 t. s always, remember to taste the time' to review this perrinit thoroughly, as some of the conditions contained therein may have been added, chan edw or deleted since the last issuance Pay particular attention to the monitoring requirements to this permit. Failure to establish an adequate system for collecting and maintaining If any parts, requirements, and/or limitations contained in this Permit are unacceptable, you have the right to request an adjudicatory hearlrag upon written request within 30 bays following receipt of this perrmt. This request shall be in the: from of a written petition conforming to Chapter t SOB of the North Carolina General Statutes and filed with the Office of Administrative bearings at 6714 ?mail Service Center, Raleigh, h, North Carolina 3 Cupp- 714, Unless such demands are made, this permit shall be final and binding, - A Non-Opsi:rrarlae Perry rllrrg Unit nrrrernel hrTp/1h2o enr, t t8 r1C u tndpu 1817 Malt ServBca COM)r, Baled, NC 7699-1017' Twe irone t919i 73 i-80$ pax t91l 71,stacd$ DENR Customer, SerMsi Canter Telephone 1 800 8 -7748 n EQU01 oppOrlurlrly Achort Employer SCa% recycled/ 10% pose-poniiurrlet paper / 912 3 14:E3 919-715-E 48 DWO NON nISCHAR E ER P4GE 04 If you need any additional information concerning this matter, please contact Mr, JA Joshi by telephone at t l 733-5083, extension 363, or via e-mail at jayajosti rrc il.net, inc rely; lorlans Klime k, E CC, Mx% Alan Brown, Resources, hie: Alexander County Health Department Davie County Health Department Moore County Health Department Richmond County health Department ent Sorryounty Health Department Wilkes County Health Department Fayetteville Regional Office -Water Qusility Section Fayetteville Regional Office -Ground water Section Mooresville Regional Office -"eater Quality Section Mooresville Regional Office -Ground water Section Winston-Salem Regional Office -Water Quality Section Winston-Salem Regional Office -Groundwater Section Central Office -Ground and ater Section Technical Assistance and Certification unit Water Quality Central files NDPU Files NDPU Residuals Program Coordinator w NORTH CAROLINA ENVIRONMENTAL NMENTAL MANAGEMENT O I ION DEPARTMENT OF ENVIRONMENT D NATURAL L OUR E LEIH LAI' D APPLI+ ATION CAE RESIDUAL SOLIDS(503 EXEMPT) PERMIT In accordance with the provisions of Articl21 of Chapter 143, General Statutes of North Carolina as amended, and other applicably Las pules, and Regulations PERMISSION IS HEREBY GRANTED T Tyson Poultry, Inc. Iredell County FOR THE continued operation of a residuals land application program for Tyson Poultry, Inc. and consisting of the land application of residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment, A to the land application sites ; listed in the most recently -certified Attachment with no discharge of waste's to surface waters, pursuant to the permit application package received on November 4, 1999 as well as the additional information received on November 29, 1 q November , 2000; May 29, 2001;and June 4, 001 ; and in conformity with the project plan, specifications, and ether 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 May 31, 2 0; shall void Permit No. WQ0000701, issued on June 15,2001; and shall be subject to the following specified conditions and limitations 2. The residuals land application program shall be effectively maintained and operated as a non - discharge system to prevent the discharge of any wastes resulting from the operation of this mogram. I This permit shall become voidable if the soils of the land application sites, fail to assimilate the residuals adequately and may be rescinded unless the land application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface waters and groundwater. 4. TNissu"ce of this permit shall of the responsibilityltir damages to surface waters or groundwater resulting ftom the operation of this residuals land application progrImL 6No residuals other than those generated by the residuals sour generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for land application in accordance with this permit. 7. When residuals am land applied under the conditions of this permit, the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduce Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix 11 shall be met, Additionally, an evaluation shall be performed that 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, Only residuals that are generated by the residuals souree-generating facilities that are identified as being exempt, from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction requirement. 2 8, Only the land application sites listed in the most recently -certified Attachment B of this permit are approved for residuals land application. 9. This permit shall become voidable unless the agreements between the Permittee and the landowners and lessees or operators of any land application sites listed in the most recently - certified Attachment B of this permit not owned by the Permittee are in full force and effect. These agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed at the same time the permit is renewed. 10. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial residuals land application event to any new land application site. In addition, the appropriate county manager's office shall be notified prior to the initial residuals land application event on any new site so that they will be aware that residuals land application activities have commenced on the site. 11. The Water Quality Section of the appropriate Division's regional office shall be notified at least 24 hours prior to the initial residuals land application event on any new land application site. Such notification to the Regional Water Quality Supervisor shall be made during normal office hours (i.e., from 8:00 am. until 5:00 p.m.) between Monday and Friday, but excluding State Holidays. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web site at http://h2o.enr.state.nc. us/ndput. IL OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities and land application sites shall be properly maintained and operated at all times, 2. Upon classification of the residuals land application program by the Water Pollution Control System Operators Certification Commission (W?CSOCC), the Permittee shall designate a certified land application/residuals operator to be in responsible charge (ORC) of the program. The operator shall hold a certificate of the type classification assigned to the program by the WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate type to comply with the conditions of I SA NCAC 8G .0202. 1 No residuals shall be stored at any land application site at any time, unless written approval has first been requested and obtained from the Division. 4. A copy of this permit shall be maintained in all manned equipment at the land application sites when residuals are being land applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. 5. When land applying residuals to any land application site, the following buffer zones shall be maintained at all times: a. 400 feet from residences or places of public assembly and separate ownership for surface application methods; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Water Quality Section of the appropriate Division's regional office in Attachment B of this permit; 3 b, 200 feet from residences or places of public assembly under separate ownership for subsurface application methods; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Water Quality Section of the appropriate Division's regional office in Attachment B of this permit; c. 100 feet from any public or private water supply source, waters classified as SA or SB, and any Class I or Class 11 impounded reservoir used as a source of drinking water for both methods; d. 100 feet from any streams classified as WS or B, any otber stream, canal, marsh or coastal waters and any other lake or impoundment for surface application; e. 50 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for subsurface application; f. 50 feet from property lines for both surface;and subsurface application methods; lam• 50 feet from public right of ways for both surface and subsurface application methods; h� 10 feet from upslope interceptor drains and surface water diversions for both surface and subsurface application methods; L 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems, and surface drainage ditches for both surface and subsurface application methods; and j. 100 feet from rock outcrops for both application methods. Some of the buffers specified above may not have been included in previous permits for this residuals land application program. However, any land application sites that are, listed in the most recently -certified Attachment B of this permit, but were approved with different buffers shall be reflagged to comply with these buffers. Maximum slope for land application of residuals shall be 10 percent for surface application methods and 18 percent for subsurface application methods. a IN 9. An acceptable pH shall be maintained in the soil, residuals, and lime mixture, greater than 6.0, on all land application sites onto which residuals are land applied to ensure optimum yield for the crops specified in Condition 11. 13. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 4 10. Should any of the residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit contain a high salt content (i.e., high sodium adsorption ratio (S' ) of five or higher), the exchangeable sodium percentage (ESP) or other method as approved by the Division, using the results from the annual soils analysis as required by this permit, shall be monitored on all of the land application sites. The local Cooperative :Extension Office, the Department of Agriculture and Consumer Services the Natural Resource Conservation Service, a NorthCarolina-licensed Soil Scientist, or other agronomist shall review the results and make recommendations regarding soil amendments (e.g., gypsum, etc.) or other ameliorative mechanism for maintaining the integrity of the site in terms of suitability for land application of residuals 'andmaintaining conditions conducive to crap growth. The Permittee shall implement such recommendations accordingly and shall maintain written records of each monitoring event that includes details of the sites covered and rate of soil amendment application. I L prior to land applying residuals to any land application site that has previously received or is intended to receive animal waste (e.g., poultry litter, etc.) or other source of nutrients (e.g., fertilizer, etc.) in the future, the Permittee shall obtain information pertaining to the volume and analysis of the applied waste/nutrients from the landowner and/or lessee/operator of the site. The Permittee shall be responsible for verifying the volume of residuals that may be land applied to the site such that the plant available nitrogen (PAN) loading rate for the specified carp (i.e., see Condition 11. 13.) shall not be exceeded by all of the sources of PAN applied. Should the maximum PAN loading rate be met or exceeded, then no additional residuals shall be land applied to the site: 12. A suitable vegetative cover, as listed in Condition 11. 13;, shall be maintained on land application sites onto which residuals are land applied in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or tither" agronomist and as approved by the Division. I . residuals and other sources of PAN shall be land applied; to all, land application sites at agronomic rates in accordance with the crap management plan outlined by the local Cooperative extension Off ice, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. Under no circumstances shall the fallowing; PAN loading rates land applied to any site exceed the following for the specified crops; PAN PAN' Crop(pounds per Crop (pounds er° acre r tea�,3 �°ar a�r.i Alfalfa 200 Forest 7 liardv°crod or oftrood} Bermuda Crass 220 Milo 100 (Hay or Pasture) Blue Crass 120 Small gain 100 t, arle , or ats Co Sorghumr udex Crain I eft I gp (Pasture Corn 200 Sorghum or Sudex 220 il M,a u Cotton 70 Soybeans 200 Fescue _ Timothy, orchard; or 250 Rye Grasses 200 The Permittee shall apply for and receive a modification of this permit before land applying residuals on any land application site that is to be established in a crap other than those listed above. A maximum PAN loading rate for the desired <crop shall be approved with the permit modification. If theland application sites a to e overs ed e.. be da grass in the summer and rye grass in the winter with BOTH carps to receive residuals), then the second carp shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested, If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will essentially be returned to the soil; Residuals shall not be land applied at rates greater than agronomic rates, unless authorized b the Division. 1Animals shall not be grazed on any land application site for 30 days after any residuals land application event. Sites that are to be used for grazing shall have fencing that will be used to prevent access after each event; 15. Food crops, feed crops, and fiber crops that do not erne in contact with the residuals shall not be harvested for 30 days after any residuals land application event: lo. _ Food craps with harvested parts that touch the residual/soil mixture and are totally above the land surface e.g., tobacco, melons, cucumbers, squash, etc:) shall not be harvested for 14 months after any residuals land application event. IT Food crops with harvested parts below the surface of the land i.e.,(root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after any residuals land application event when the residuals remain on the land surface for four months or longer prior to incorporation into the soil. 18. Food crops with harvested parn; below the surface of the land shall not be harvested for 38 months after any residuals land application event when the residuals remain on the land surface for less than four months prior to incorporation into the soil. 19. Turf shall not be harvested for one year after any residuals land application event- 20. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into any surface waters. 21. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored residuals into any surface waters. 21 Surface -applied residuals shall be plowed or diseed within 24 hours after land application on land application sites with no cover crop established. 23. For land application sites that are prone to flooding or within the 100-year flood elevation, residuals shall be land applied only during periods of dry weather. The residuals shall be incorporated into the soil within 24 hours after land application. 24, Residuals shall not be land applied during inclement weather or until 24 hours following a rainfall event of 0.5-inch or greater in 24 hours. Any emergency residuals land application measures shall first be approved in writing by the Division. 25. Residuals shall not be land applied to any land application site that is flooded, frozen, or snow-covered. 2& Appropriate measures shall be taken to control public access to the land application sites during active site use and for the 12-month period following the last residuals land application event. Such controls may include the posting of signs indicating the activities being conducted at each site. 111. MONITORING ANDREPORTING 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. 7 3, An analysis shall be conducted on residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit, The analysis shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source -generating facility are land applied at a frequency less than that which is specified in the most recently -certified Attachment A of this permit an analysis shall be required for each residuals land application event. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Magnesium potassium ,kmmonia-Nitrogen Nickel Sodium Cadmium Nitrate-NitriteNitrogen Total Kjeldahl Nitrogen Calcium Percent Total Solids Zinc Copper pH Plant Available Nitrogen Lead Phosphorus (by calculation) 8 6. Proper records shall be maintained by the Permittee tracking all residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, fiehl, or zone number); d. Method of land application; e. Weather conditions (i.e., sunny, cloudy, raining, etc.); f. Soil conditions (i.e., dry, wet, frozen, etc.); g. Type of crop or crops to be grown on field; h. Volume of residuals land applied in gallons per acre, dry tons per acre, or kilograms per hectare; i. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or kilograms per hectare if applicable); j. Volume of soil amendments (i.e., lime, gypsurn, etc.) applied in gallons per acre, dry ton per acre, or kilograms per hectare (if applicable); and T 8. A representative annual soils analysis (ie., Standard Soil Fertility Analysis) shall be conducted on each land application site on which a residuals land application event in the respective calendar year has occurred, and the results shall he maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Exchangeable Sodium Percentage (by calculation) Calcium Magnesium Phosphorus Cation Exchange Capacity Manganese Potassium Copper Percent Humic Matter Sodium Base Saturation (by calculation) pH, Zinc Three copies of all required monitoring and reporting requirements as specified in Condition 111. L, Condition Ill. 2., Condition 111. 3., Condition 1H. 4., Condition 111, 5.,, Condition 111, 6., Condition 111. 7. shall be submitted annually on or before March I st of the year following the residuals land application event to the following address, NCDENR-DWQ Water Quality Section Non -Discharge Compliance/Enforcement Unit 1617 Mail Service Center Raleigh, No Carolina 27699-1617 9. Noncompliance Notification: The Permittee shall report by telephone to the Water Quality Section of the Division's Mooresville Regional Office at telephone number (704) 663-1699, assoon 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 residuals land application program that results in the land application of significant amounts of residuals that, are abnormal in quantity or characteristic, b. Any failure of the residuals land application program resulting in a. release of rn, aterial to receiving waters. c. Any time that self -monitoring information indicates that the residuals land application program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the prognun systern was designed. d. Any process it failure, due to known or unknown reasons, that tender the residuals land application program incapable of adequate residuals treatment. e. Any spillage or discharge from a vehicle or piping system transporting residuals to the application site. Persons reporting such occurrences by telephone shall also file a written report in letter form 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. 10 TV. GROUNDWATER REQUIREMENTS I Land ADplication Site Requirements - a. Each land application site identified with a GW-A in the most recently certified Attachment B of this permit is dominated, by soils with a mean seasonal high water table greater than three feet below the land surface. Residuals land application events may occur on these sites throughout the year, b. Each land application site identified with a GW-B in the most receral y-certifted Attachment B of this permit is dominated by soils with a mean seasonal high water table between one and three feet below the land surface. Residual land application events on these sites shall be prohibited from December through March, inclusive, No residuals shall be land applied to these sites when the vertical separation between the depth of residuals land application and the water table is less than three feet. The actual water table depth for seasonally -restricted soils shall be verified by soil borings within 24 hours prior to any residuals land application event that, occurs from April through November, inclusive. The number of borings advanced shall be sufficient to characterize water table conditions across the land application site adequately. Any open borings shall be properly filled with native soil, prior to the residuals land application event, to decrease the chance of any residuals contaminating the groundwater, 3. Additional REquirements: a. Any groundwater quality monitoring, as deemed necessary by the Divisior4 shall be provided. V. INSPECTIONS 1E 2. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or I eachate. VL GENERAL CONM IONS 1. This permit shall become voidable unless the residuals land application events are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. I 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 Pcrmittee from complying with amy 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 NCGOI 0000, and any requirements pertaining to wetlands and 15A NC.AC 2B .0200 and 15A NCAC MOO. 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 Pennittee, 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 Facilities and residuals land application prograin 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, Mil M e Permit issued this the fifteenth day of June, 2001. NORTHOLI IA ENVIRONMENTAL MANA E IE 1T COMMISSION for Alan W. Klimek, I .E., Director Division of Water Quality By Authority ofthe Environmental Management Commission Permit Number WQ0000701 1 \N A \hchact F Easley, (jove Xkflhartr G, Ross Jr_ Secretary North Carolina Depariment of Environniem and Natural Resources > 3 F7 5 Colcen It Sullins Dnrctor DWIWil CA'Watff (,'?Uah, August 7, 2007 Mr. Daniel Crowe, Plant Manager Tvson Foods, Inc, - Hartriony Division I I Post Office Box 158 Han-nony, North Carolina 28634 Subject, Compliance Evaluation Inspection Tyson Foods, Inc. - Harmony WW'TP NPI)ES Pemift No. NCO005126 Iredell County. N.C. Dear Tk4r, CroNee� Enclosed is a copy of the Compliance Evaluation Inspection Report for the inspection conducted at the subject facility onAugust I. 2007 by Mr, Wes Bell ofthis Office, 'rhe operation and maintenance activities initiated by the fizicility staff are commendable, Please advise the tacflity°s Operator -in -Responsible Charge (OR,C) of our findings by lorwarding a copy of the enclosed report to hirn, The report should be self-explanatory: however, should you have any questions concerning this report, please do not hesitate to contact N11r, Bell or me at (704) 663-1699, Sincerely, Robert B. Krebs Surface Water Protection Regional Supervisor EncIOSUre M Iredell County Health Department Onc HCDENR Moorcsville Regional Office Di% ion of'A"ater dutch v Prione 704-6634699 cuslorTrel Service tillernct wm'new, M 610EasiCenter Ase,Sucre 301 Mooresville, NC 78115 Fax 704-663-6040 1-877-623-67,18 An Equal Opportunit iAffirmobve Action Employer — 50% Recycted110% Post Consumer Paper Washington, O c 20460 Form Approved, EPA OMB No 3040-0057 r i rl 'I1 if 3 art Approval expires 3-31- >e tton A National Data System Coding (i a, PCS) Transaction Conde NPDES yrin-ro"'Jay inspection Type rasp ctor Fac Type 1 .,,�2 5 3 rtrmti. g t 121 7 x t'x' 15 � iO I 0 tyf Remarks 21 Li inspection Work Days Facility Self -Monitoring Fvaluatoo Rating 0I CA ------ a...„. _, .„.Deserved-___-------------- 671 1 : 5 rig 70_! ?t a 7 731 1 1 74 r L E 8 Section & Facility Data Narne and Location of Fadifty inspected (For industrial Users 6sctarging to PO VV, also include Entry TirnefDate Perrrrt Effective Date PO r"v name and NP DES perind, Number) Harm­ny pi -ant . ',ra 2126 Exit Tirane/Date Permit Expiration Date NC 28t:,:4 Narne(s) of tOrnsite Depresentatrve(s)1Titles(s).rPhone and Fax Number(s) Sather Fa6hly Data Ja'ne.:}.rs Pi.chael Name„ Address of Responsible Otfic ialffitle/Phone and Fax Number nie am'��'.we,10 Box 158 H3_ac�x}n ._ t,u. _. q!111ant P; 3.tR�y..c,i '?k>. '��,". 0. ontr t t ed ' Y?xr Section C Areas Evatuated During Inspection (Check only those arras evaluated) Permit Flaw Measurement Operations & Maintenance a Records/Reports Self -Monitoring Prograrn Sludge h nd#sng [disposal F ctlity Site Review IS Effluenb`ReceivtngEaters Laboratory Section r arratuve and checklists as necessary) (See attachment summary) Narne(s) and Signatcrre(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Bale Wesley ytBell � fMi-.0, WQ:4w66„t 16:9 x233 Signature of Management Q A Reviewer Agencyt'tOft3celPhorte and Fax Numbers Cate Marci,a Allacco MR0 W .its;---'..;,r m.?04/ EPA Form 3550.3 (Rev 9-94) Previctas editions are cbsollete NPDES yr/molday �nspecfion Type 2 6 11 12 17 18 ------------------------- u Section D Summary of Find ingf Comments (Attach aftion al sheets of narTative end checkfists as n2cessay) Page # Permit: NiC0005126 Owner - Facility: Harmony plant Inspection Dates 08/01!2007 Inspection Type: Compliance Evaluation Permit Yes No NA NE (if the present permit expires in 6 months or less). Has the permittee submitted a new applicatroO 0 ONO Is the facility as described in the perrnit? w C3 0 0 # Are there any special conditions for the permit? 0 0 a C3 is access to the plant site restricted to the general public w 0 0 0 is the inspector granted access to all areas for inspect+on? a 000 Comment: Overall, the permit adequately describes the facility; however, the 0,875 MG equalization basin was recently placed into service on 7/16/07, Record Keeping Are records kept and maintained as required by the permit'r is all required information readily available, complete and current'? Are all records maintained for 3 years (lab. reg required 5 years)? Are analytical results consistent with data reported on OMRs? Is the charri-of-CuStody Complete? Dates, times and location of sampling Name of individual performing the sarnpkng Results of analysis and calibration Dates of analysis Name of person performing analyses Transported COCA Are DMRs complete. do they include all permit parameters? Has the facility submitted its annual compliance report to users and DVVQ? (if the facility is = or > 5 MGD permitted flow) Do they operate 24/7 with a certified operator on each shift? Is the ORC visitation log available and current? Is the ORC certified at grade equal to or higher than the facility classification? Is the backup operator certified at one grade less or greater than the facility classification? Is a copy of the current NPOES permit available on site? Facility has copy of previous year's Annual Report on file for review? Comment: DMRs were reviewed for the period June 06 through May 07, No limit violations were reported and all monitoring frequencies were correct. The facility staff must ensure all "<" values are properly calculated to determine the monthly average values. The facility staff incorporate a commendable record keeping system, Yes No NA NE 0000 WOOO 8000 0000 MOOO El N000 OOND OONO NOOD SOOO W 0 0 0 NOOO OONO Permit.- NCO005126 owner -Facifity. Harmony plant Inspection Date: 08/0112007 Inspection Type, Compfiance Evaluafion Yes No NA NE Laboratory M 0 0 0 Are field parameters performed by oertified personnel or laboratory" Are all other be ramete rs (excluding fetid parameters) performed by a certified lab? # is the facility using a contract tab? Is proper temperature set for sample storage (kept at 1 0 to 4.4 degrees Ceisius)? 0 0 0 Incubator (Fecal CoOorm) set to 44 5 degrees Celsius+)- 0,2 degrees? 0 0 a 0 incubator (BOD) set to 20,0 degrees CeGs�us +/- 10 degrees? 0 0 a 0 Comment: On -site field analyses are performed under laboratory certification #5081 Par Labs (Certification #20) and Meritech, Inc. (Certification #165) have also been contracted to provide analytical support. The facility had not verified the TRC meter's accuracy below the 28 ug1l effluent limit. The facility staff Indicated that the TRC meter would be reverified in the proper low level range by the following week. The remaining laboratory instrumentation utilized for field analyses appeared to be properly calibrated. Efflue!SamPl' 11 Rt _1 ling Is composite sampling flow proportional is sample collected below all treatment units? Is proper volume collected? Is the tubing dean? Yes No NA NE no o o 0 0 0 son_ o N000 IM p`1 ml r-1 Is proper temperature set for sampte storage (kept at 1,0 to 4A degrees Celsius)? Is the facifity, sampling performed as required by the permit (frequency, sampling type representative)? DO D Comment'. Yes No NA NE 9p ratioins & Maintenance n D D D Is the plant generally clean with acceptable housekeeping'7 Does the facifty analyze process control parameters, for ex:' MLSS, MCRT, Settleable Solids, pH, DO, Sludge is 0 D D Judge, and other that are applicable? Commeft The facility appeared to be properly operated and well maintained. The facility staff incorporate a comprehensive process control program. The facility is staffed twenty-four hours per day, seven days per week Yes No NA NE Equalization Basins a 0 D 0 Is the basin aerated? is the basin free of bypass lines or structures to the natural environment? Is the basin free of excessive grease? Are all pumps present? Are oil pumps operable? Permit-, NCO005126 Owner - Facility: Harmonypiant Inspection DaW 0810112007 Inspection Type: Compfiance Evaluation E alization Basins Yes N-ol Are float controls operable'? n- Are:audible and visual alarms operable'? n- n- ix o # Is basin sizeivolume adequate? o 00 Comment-, Grease Removal Yes No NA NE # is automatic grease removal present? 0 0 0 Is grease removal operating properly? Comment: The facility utilizes a DAF system for the removal of greaselsolids, Polymers are also added to the influent of the DAF system to enhance the removal of solids, Chemical Feed Yes No NA NE Is containment adequate? 0000 Is storage adequate,7 0 0 0 Are backup pumps available? 0000 Is the site free of excessive leaking) in o o on Comment: Aeration Basins Yes No NA NE Mode of operation Ext, Air Type of aeration system Dffused Is the basin free of dead spots? IN000 Are Surface aerators and mixers operational? 0 0 in 0 Are the diffusers operational? is 0 0 0 Is the foam the proper color for the treatment process? m D D 0 Does the foam cover less than 25% of the basin's surface? a 0 0 0 Is the DO level acceptable? in 0 0 0 Is the DO level acceptable?(1,0 to 3.0 rng1l) 0 D 0 0 Comment: Secondary Clarifier Yes No NA NE Is the clarifier free of black and odorous wastewater? U000 Is the sFte free of excessive buildup of solids in center well of circular clarifier? 110110 Are weirs level? 0 0 0 0 Page # 5 Permit: NCO005126 Owner -Facility: Harm ny plant Inspection Date; 08/01/ 007 Inspection ryp . Compliance Evaluation ecart#ary. Iarifier Yes No NA N is the site free of weir blockage? w oo Is the s4e free of evidence of short-circuiting? Is scum removal adequate? 0 0 0 Is the site free of excessive floating sludge?? Is the drive unit operational? 1 0 El Is the return rate acceptable (low turbulence) n o i Is the overfiow clear of excessive solids/pin floc? 0 D Is the sludge blanket level acceptable` (Approximately of the sidewall depth') Comment, Polymers are added to the on ry clarifier'clarifier's influent to enhance the settling of solids. u s-RAS-WAS Yes No NA NE Are pumps in place Are pumps operational Are there adequate spare parts and supplies on site? Comment: Ili ti is L i t40 Yea No NA N Is there adequate reserve supply of disinfectants (Sodium Hypochlorite) Is pump feed system operational? Is bulk storage tank containment area adequate? (free of leaks/open drains) 0 0 0 Is the level of chlorine residual acceptable? Is the contact chamber free of growth, or sludge buildup? IM 0 0 Is there chlorine residual prior to de -chlorination? Comment: De-chlorinati-on ices No NA CIE Type of system ? Liquid Is the feed ratio proportional to chlorine amount (1 to 1)? NO Is storage appropriate for cylinders no so Is de -chlorination substance stared away from chlorine containers Are the tablets the proper size and type? Page # 6 Permit: NCO006126 Owner - Facility: Harmony plant Inspection state: 0810112007 Inspection Type: compiance Evaluation De -chlorination Yes No NA NE Comment: The aqueous chlorination and dechlorination systems are operated/stored outside underneath a covered shelter. Are tablet de -chlorinators operational? 0 0 a 0 Number of tubes err use? Comment: Flow Measurement ® Effluent Yes No NA NE Is flaw meter used for reporting o o no Is flow meter calibrated annually? 0 is the flew teeter operational? m l- (if units are separated) Does the chart recorder match the flew meter' 01 Comment: The flow meter is calibrated trice per year. The flow meter was lash calibrated by Horizon Engineering & Consulting, Inc. on 6/21/07. Effluent tripe Yes No NA ---NE Is right of way to the outfalt properly maintained? o n- Are the receiving water free of foam rather than trace amounts and other debris11000 If effluent (diffuser pipes are required) are they operating properly" El 0 Comment: The effluent appeared slightly turbid with no floatable solids or foam, The facility staff roust ensure the vegetation around the effluent o tfall is properly maintained for the visual inspections of the receiving stream. Page # 7 SOS" PRIORITY PROJECT: No To: Permits and Engineering Unit Water Quality Section Attention: Susan Wilson Date: April 7, 2004 NPDES STAFF REPORT AND RECOMMENDATIONS County: Iredell NP )ES Permit No.: NCO005126 O No.: 03-100 PART I - GENERAL E INFORMATION 1. Facility and Address: Tyson Foods, Inc.- Harmony Plant Post Office Box 158 Hannony,N.C.28634 2. bate of investigation: March 3, 2004 3. Report Prepared By: Michael L. Parker, Enviroinnental Engineer 11 . Person Contacted and TelephoneNumber: Mike Campbell, t ; Dan Crowe, Plant Manager, (546-2602 . Directions to Site: From the jet, of Hwy. 901 and SR 2126 (Sheffield Rd.) southeast of the Town of Harmony in northeastern Iredell County, travel east on SR. 2126 µ 1.4 miles. The Tyson. Foods? plant is located on the left side of SR 2126just after crossing Hunting Creek. . Discharge Point ), List for all discharge Points: W Latitude: 350 57 1611 Longitude: 0' 43' 1 " US S Quad No.: D 16NW 7,. Site size and expansion area consistent with application:: Yes. There is area available for expansion, however, it appears to be located within the 100 year flood plain. Any treatment its constructed in this area will have to be constructed with flood protection. 8. Topography (relationship to flood plain included): The existing W TP appears to have been constructed above the 100 year flood plain, however, extensive flooding that occurred in the spring/summer of 2003 brought flood waters up to the foundations of some of the treatment units. None of the units were impacted by the food waters. 9Location of Nearest Dwelling: Approx. 1000+ feet from the WW'TP site. 10. Receiving Stream or Affected Surface Waters: Hunting Creek a. Classification: WS-111 b. River Basin and Subbasin No.: Yadkin 030706 C. Describe receiving stream features and pertinent downstream uses: The receiving stream has excellent flow at the point of discharge (15-20 feet wide x 1-3 feet deep). The area is very rural with agriculture being the primary use, There are no water intakes and/or other known dischargers for a distance of several miles below this outlall. PART 11 - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1 Residual handling and utilization/disposal scheme: a. Land applied: DWQ Permit No. WQ0000701 Residuals Contractor: EMA Resources Page Three 3. Treatment Plant Classification: Class 11 (rating may change when new treatment facilities are constructed) 4SIC Code(s). 2296 Wastewater Code(s): 23 MTU Code(s): 12013 [L is this facility being constructed m4th Construetion Grant Funds or are any public momes involved (muhicip4is only)? Neither public: monies hot gr4rtt funds wM used in the coristruction of the existing WWT facilities. 8pecial mordtorting or firnitadons (including toxicity) requests. None at this 3. Important SOC/JOC or Compliance Schedule dates: This facility is not under an SOC or JOC nor is one proposed at this time. 4. Alternative Analysis Evaluation: There is no known alternative available for this facility. 1k • Signature of Report Preparer Date Water Quality Regional Supervisor Date L \dsr\dsr03\tyson. dsT State of North Carolina Department of Environment A KI + t 0 Cl" C. Ul Ct IUOVUIcvo Division of Water Quality 1, i Michael F. Easley, Governor tk I / 10 - r William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director U=Der 1, 2003 MK DAN CROWE TY80N FOODS INC. PO BOX 158 .W# 7� 191111c, V FIE, Subject, NPDES Permit 4"Witatiori Permit NCO005126 Harmony Plant Iredell County WON 11agwrgL111 Sincerely, V,alery Stephens Point Source Unit cc: Mooresville Regional Office, Water Quality Section NPIDES File Central Files 1617 Maii Service Center, Raleigh, North Carotina 27699-1617 VISIT US ON THE WERNET @ hItpJ/h2o enr,statem.usINPOES 919 733.5083, extension 520 Valery.Stsphens@ncmail.net (fax) 919 733-0719 n t hat your r�s.p September 25, 2003 Via Certified Mail SEP ",.. 29 2003 'S �.„..- Mrs. V'alery Stephens i t NR/ Water Quality/ Print Source Branch _; r 4 1617 Mail Service Center Raleigh, NC 27699-1617 Re- Tyson Foods, Inc. — Harmony Plant WWTP Ired ll County, North Carolina Renewal of=NPDES Permit # NCO005126 Dear Mrs, Stephens. Enclosed is the NPDES permit renewal package for the Harmony facility located in lredell County, North Carolina. Since the last renewal of permit,#NCO005126, we have added the following improvements to the wastewater treatment system: A. Flow Equalization Bashi/Anoxic reactor 41 with subsurface air jet diff-user system B. FEB/Reactor EffluentPump Station C. Nitrification Reactor #2 with subsurface air jet diffuser system D. Clarifier Influent Flocculation Tank E. Final Clarifier The sludge management plan for the facility is as follows— . The DAF sludge is removed from the subject facility via tanker truck and land applied, as authorized under permit number W+Q 0000701. B. The waste activated sludge is seat to the former activated sludge treatment lagoon, which was converted to a new Waste Sludge Lagoon, prior to ultimate disposal by land application;,. Tyson Foods, Inc. Animal Food Ingredients Group P.O. Bo l55 Harmony,NC28634 04-546- 602 w ww.t son,co u I ' It's what yourfamdydesenres.' Thank c u for your assistance. Please contact me at 704.546.2602 if there are any questions. Sincerely, yson Foods, Inc. Daniel Crowe Plant Manager — River Valley Animal Foods Attachmentsemit Application c: Doug r — Tyson Fonds, Inc. Tyson "Foods, Inc. Animal Forted Ingredients Group P.O. Box 158 Harmony, NC 28634 7 4-54 i-7 fl7 u° ww,ty-s n.co please ongl or type in the uns# acted areas or 5' ftFfi®in areas are spaced for, elere rvpe, r•e., f2characrersi7nchf. Form Approved, tw4r t r. 2CY Cl QQB . FC7R t U,S. CNV$RONMENTXL PR TIeCr'ION AGENCY t, EPA I.D. tslilfvtE3ER GENERA:INFOR INFORMATION Consolidated ice rior Program P 0 0 1 i iiEtJERAI SWAO E PA rf%ead the "General vrl InFtrurtiana before xrrrf x 3 GEEIERAL IINST rUCTIONS If a preprinted label has been provided, affix t Loi, NUMBERit in the designated space, Review the inform. ation carefully, If any of it is incorrect, Dress tri. FACILITY NAME through it and enter the direct data in the appthe preprinted fill dot area below, also, if any of e :the reprinted data is absent (the area to e FACILITY left of the label space fists Ira anforarrn MAWNG Act tlg PLEAPLEAk P ACE LA13 L IN THI ACE that should aPPearl, Please provide it in the proper fill—rn-arealal below, if the label is complete and correct, you need rids compute. *q items I, tl& V and VI (except 't•8 which ` I must the completed .regardless), Complete all trl. FACILITY sterns if no label has.been provided. Refer to L+ CA TioN the instructions" or detailed item descr'ipL ziole$ and for the legal authorisations under which this data Is collected., it, POLLUTANT CHARACTERISTICS INSTRUCTIONS: Complete A through J to determine whether you need to submit any permit application forms to the CPA- If you answer "yes" to arty ` questions, you must submit this form and the supplemental form listed in, the parenthesis following the question, Mark "X"In the box in the third column if the supplemental form is attached. If you answer "no" to each question, you need not submit any of these forms You tray answer "=noo if your activity is excluded from permit requirements, see Section C of the instructions. See also, Section 0 of the instructions for definitions of bald —faced terms. MA srEcaFiC dulEsiorFp r rn YES fs is .a T'rAco-r sS>. •.SPECIFIC QUESTIONS .- ve.5 No A Is this facility a publicly owned treatment works B.'Does or Will •this facility farther existing war proposed) which results in a discharge to waters of the U.S.? a include . concentrated ariirnai ding operation or, fFs RNI2AI aquaticanimal production f ility':wwhich results in a 8 Y discharge to waters of theU.S.? 1PORM Fit Q n C. is to s a tact=.Icy which currently results in discharges o I i5, is this a propose acuity other than share t5esdrr'aed to' waters of the U.S. othe, than those described in % In A or 8 above)' which will result in a dischargeto A or B shove? WORM 2CI i _waters of the U.S,? fFORM 201 2S : is sw F. CIS you or wilt y to insect at this facility inciustriaf car E. Does or will this faculty *rent; stare, or dispose of ' munmcapal effluent below the lowermost straturtt'cona hazardous wastes? {FORM 3? `X tairon g, within one quarter mile of the vial) bore, underground sources of drinking water? (FORM 41` aw a o you or wifl you inject at this act Icy any pro uc, 6 Ft: Goo you of will you in at this facility fluids for spa water or other fluids which are brought to the surface ties processes such es rrtising of Sulfur by the Frasch it connectrtrn with coriventiona# oil or natural gas pro -I ductwdn° inleci fluids used for enhanced recovery of process, solution, rrtirung'of minerals in situ cornbus.± oir or natural gas, or inject fluids for storage of h quid � non of f6sSil"fuel or recovery of decitherl gf energy? ' hvdrocarbons? IFORiw 41 ,� xx a ;• , 1, s t,is scanty a or-o-p7sed stationary source wriCh is J. is this facility a proposed stationary urce vwhicit rS smsucof t ersd which rift) potentially esrd .n.t rains NOT, one `of.the`2B,*industrial tegorier,tiated frti';the.; one ci tiros 2$ industrial cafe piles fi�eaf inane rn- p y instructions atod,timich will potentially emit 25Q.'t?ins.„ per year of any air po#@utant , regulate usrder the per year of any,ya r Iluttim: regulated sender the Cl' l,4, Clear "Aar Act and may affectgor, be located in'an �i"Air Aact`arr�"may`a eca•iarbelocated iriim � mme :;. attalnr eM ar at.IFC R€vl Bb .a . r, +~.ef°eo7 (Fl�Rtif' r .�.» ea"a,k "aa •A Ill, NAME OF FACILITY V1F I situ, Y x r -a ,nAt Its. FACILITY CONTACT - A, NAME at A°ITLE (fast, ffrxt, &'title) . .; ,,.., ..4. • �.�® PPHO?4E farvir resat° a, rnsJl V r Upa iA..,. as as e� V. FACILITY PAAI LINE ADDRESS , A. STR E•r' OTC P•O. BOX ..,. _.. i 0, CITY OR TOWN C,STATE b.. ZIP CODE VI, FACILITY LOCATION A STREET. ROUTE Nei. OR OTHER SPECIFIC fOENTIFIER ." F. a u... NAPIE �iE�� . a ° F�TCUN"d'Yuf'rw° �4i1 TOWN � O� ST•: T E ZIP CODEi itto{. In�ppF3as is " EPA Form 3510-1 (8.99) CONTINUE ON REVERSE CONTINUE6 FROM THE FRONT CtE 1.C"a"t, vraer oaf a`rrcbx A, FIRST k _.. -. -. , SECOND Rendering Plant t4 � �"11I, tiPEF�.stTCR IN FCRr�tra'iid1`a @i1e ax8M# USTed In orsnerl YES C„ STIAT US Or OP RATOR ( nser the a aprtjptiata° j ,se r j,ito rile aMWer box, if—Urjrvr " speci'fyJ O. p�N� �tv ac rcc Code L rsn. F FED ERII M - PU8L 1C (Ofntr than fedmI o�rsrare,, (sperif j c E - aTATE 0- OTHER (sprcgy) A P - PAWATE a E. STREET OR P'O' SOX rr .t P F, C#TY OR TOWN G.'STAY H, ZIP CODE: 1 .1NDIAN LAN * r Y E S MNO rS2 rk , E .k, EXIS IN ENV R ON ME NTA L REt 1T A. riPMES s"Di.schjrges :0 u"'Face War, rD _ -. sa a*S.C�'rt ar .r,"n,r6sstoms f"r=.rrr Fbr°o F*oSn� �'trcert'eSJ ` ,. v."„: w� x3 44 t8 PB -3� vl SG� uY :k - €,Ulcf Underground9rnFc.W'.^zonc:r'pius'€�s1 k 6 1 S F tl fir Permit c, r CRA (Fls=r#JOUS IV4,TU`xr' Ee OyHert ('rpeof.'*N .�.':. LIES at rmurat r Permit tto to t9ais at�yiicaiior a togtahic rrtap of tfire aria excrtfirg',tca atlas5 ore y6a #ayr+nd prc�#rtF ya#c�r:derisw ire rrap`rratrstao, tyeE o�trBarse � he; acii6t r tfi� Co at�o# #f each oy i.s a is#irtg arFd tt�poseri irttak ar i is fi ar trt #tr esp ea fits rta arc@ou west tr at ra t> strarag ¢ "car tlisp Fsa[ a €fiitE s, and eas w al9 Wia re it irrj is �fi i fis Ur d rgrta IrrcE a atfi rfirtgs; siv r artd of aer sirrfac! � � ti�tee fi��zd��s i:a 2ta raya at�a. �� fit�strtactitaaas fc�r �rre�sa reraarte�tsK �, :"� fi tit, NATURE OF BUSINESS (pr#SNr°fiNaescr?rsrr"cr t Tyson Foods. Inc, (River Valley AnimalFoods) produces animal feed protein from± 'poultry offal, feathers and blood. II1, CERTIFICATION (see'restrzx tr'a� al t certify under penalty of tar that i have personally examined and am familiar with the information submitted in this appli tion and attachments and that, based on ray* inquiry of those persons immediately responsible for obtaining the information contained in application, 1 believe that the information as trace, accurate and complete, l area aware that there are significant penalties for submitting, , ' false information inctud ng the possibility of fine and iaar,ortsonrtmenty, A.: rinPi.�„. a'a. CbFF'##;.iA. L. T#"f LN••: p'CS=y9 t,#r. �raraare F' `"N 'i"U i -_- „, OATS SIGNED fan r�a1N�n Flant attagr ��1t��ENT ��� F�FF1�tAIm 1,rE nt W EPA Fomn NTINl,l FREFRONT fret s runoff„ "f s, spills„ era ary �� the di ri in itarrts 11- or � intrrtaottaawt or naf f frkAtleta eee tuiirtdawrae te�ie) , tso feo twa ctioAa tit) ., �. Ait . atorw°n`rrs m F°i. l�"f"P"AC.f� PAi*ff#ftl �. w'oa� T ls, `roTAgd'�rot.cA t�fiJ 1 �* M i5w P. "M".Ai (specify with ri:Xitaj $1 r j i Jet, (specify iAptcIf r t, w. 44 ae.*ra , ar Amens e. t�aa ab r.-ate �a 4aaA A'T'A ri -rage) �vrtA�:ee ,�am,.w AveuAqke. UAMV (in days) ftll. P OIDI t31 . does an efYes esatat 3uici Jett liraa3tatloBs promuwl ated by EPA under Section 304 of the haws hater Act apply to yotwr lOcijGty7 j canRariate tCtYW SRf•tl)` two fto to section IV) Ara lerrAltatirsres lwt tiaa appei ! affivarwt gtwidali !ra to of �Actioaa fdr ot#rar a of Oran` )� �°�ea ioAeete eta •°7 � �w �r'w'3`� to ts'oAx . 3fyrou a rid'"y„ea'„tollerrwfee-i3,it'alther)saarwtiiy r r rtts Octuair r aOwxr erstofyotrrle iofgawrductaon,earpra tf rmthetarms and Units, u irw the appee bee efflcwewat u" }attae �rtd � t�urtfalea. . QweAwatrr Pam a *r ti, V"rrs or ��kdtlAE r :.rs a„ awo�ucr, �ra�`. wa. c„ ea* „. OUTFALLS t'a.Oe ffA'.t (lest outfall numbars) lye". IiWP�ii"L19�"ta A. Art you now required by any Federal, State or''locat authority to meet any implementation schedule for the construction. upgrading or operation of a - tar tree t uip nt Of PFSWcft or any other environmental programs which rraay Off act the discharges described in this application? This includes, list is ri limited to, permit raditions, administrOt'r a or enforcement terriers, enforcement compliance Schedule letters, stipulations„ court orders, andrarw Of loan conditions, yea (e seta sh fottowin tataie) o feo to arm t a, 1ts9ft'r1JNc^rwota or comissyloft., s, AFFIMTRO CyVTJrALt A rt "T, rw041 a to s e a rAe a ep ow orao A *a- is ewe esrrxre e 0 PTIONAL. You, ansch additional sheiris ibling any additional water poltution control programs (or other OnviromnimtOldrojiscot Wbich may affiert you, underwayr to construct!Ott. ether program is now underway or planned, and indicateyour actualor4C3atA .l' ,iota ADDITIONAL AAL N-rROL PROURAMS Is ATTACH EPA Parse 3510-2(R . .85) PAGE 2, OF 4 CONTINUE ON PAGE 3 SPA 1.0. 9 OMUC t(corly r Item R of o P) C}*NT L3 A A� �. : , Sri ad tar insConvolve one at of table$ for Each ocufall Annotate the outfall number In tha Space provided. NOU. Tables, V , V , and V are includadon separate shears numbered V4 through V- . D. OBIia, tive Rlo'ce"tWow to list any of the pollutants listed in Table 20 of the Instructions, which you know or have reason to beliern Is discharged or may be dischargled from any oudall, For everypollutant you list. briefly describe the masons ns you bell it to be Present and report any analytical data in your f. POLLUTANT 2_ SOURCE _ 1, POLLUTANT T -- . SOURCE n I_ g "s+l„ POT—i NT IAL WSCHARGES NOT COVERED Y ANALYSIS is any tIutsntIrated i V' lteor - asubstan u currentlyuseorrnanufactureasanintermerdiat or �finat productor byproduct? Y (list all such pollutarrtz Ciao') ONO (to to Items VI EPA Form 3 10-2 (a -a PAGE 3 OF 4 CONTINUE ON ROVER l CONZINUED FROM THE FRONT ll. 810FO-GICAL TOXICITY TES T Do you have y tt at reason to dal law that any biotogicaltestf , ter r "a nl lclty Y' eB ttm receiving tar in relation toy r discharge within tho l 3 years?, . ffr sntffy the testfs) and describe theirpurp sss WO) is 0 (go to See Van rt" a) I Chronic toxicity testing required on a quarterlybasis per Permit No. NCO005126 Were any of the, analyses reported in tram V performed by e contract laboratory or consulting firm? _ YES 01it the name, addrinis, and telephorne number of, and pollutants [� No (go try section , ) analyzed b�, each such laboratory or firmbelowl A, NAM B. � a as zrea cads n r 1f�4 a�nr ua Meritech 642Tamco Road (336)342-4748 Hardness Reidsville, NC 27320Spec. Cond. . 0. Box7 Chlorine fls.CERTIFiC 4Ti tl lc u d r enshyofl wths,tt is document and affartatherbants waroprepared undermydirection or rvititrnm cc rda with asy t tart ,signa to asstrrathat rfuehfi sort pre tygotherandawriustothe Informationsu itte Basodsminyinquiryoftne personar rsomswhomana ethesystesmor t a stfi ra sa lefo yrarherim thaainfdrrrratf ttrairtformaail scr is aotfrebs tof krf r tl sae beli tras accurate, andcomlass. 1 am #Wsre that there at* signAicant Penalties for submitting l ise iftformathot including the passibility of fine and imprisonment for knowing amiationSL d. NAME & OFFICIAL .TITI- (type or print) - _ - _. . PH014E terse (area code:& no.) Dan Crowe Plant Manager1(704,)546-2206 N^y EFL Form 351 • (- ) PAOC 4 OF 4 dMll - 1ai cif FROM FROIVT-" 1V ► .. 4. VNITS 5. INTAKE ('puce¢ ol) �r l rite. R- 6.aa as axo . w+atattwataaa DAILY *c FaAX1 M u c ca u. t .er a;cat�a t o c .QF Bi/atatt abtai tea¢ aaaar aaa«T r G CFN GMa1 TRAY.." nn, .� �.: L �C�ryT�IYRTtY:i+2 ��+} MASS rr R�W�RIW TIR AAT{�M �0� Mw}!4 '4 r� �i 'ratAY10ta t&.t�ta.atr , :+ S Catd4; ac!'l R+AYWQMI 1a► M.4 R:'b �aa:a (211111 . 0.54 .93 52 g L Vday ,rt..aj (P) Total 7T1tSi 25.9 56. 'i , Too () Data, Totat w 0) sodium, Total x(4) Radium 4, Tata C i �y h. as= _.. _. _. _.._ _.. ___..... SO4) 1 ,7 - 50 66. ' 1 mg/L ra y° @@ .yy;;ma�yy tat x rm (ai Sd). .. (1466w - ) 0.73 2.63 0.56 1.09 52 mg/L #/day ab+ 9A3uamtitxwaavr� Total Total Qa YN�C4, l Total (T ). TOW (744 - -41 a, Odd, Total t 0.11 0.15 1 ni L Vday Total t . - 9 x5 cn /L /day TOW ` (T -1) TOWr (1 .46-5) 0.13 0.17 I 1nt L + i day W. TIN Total (1440, 1- @Total c ygy b A Form 3 -3CONTINUE ON PAGE V -3 EJ WATER FLOWDIAGRAMRaw At RIVERVALLEY BY—PRODUCTS Omwn bY' F NORTH