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is rescinded, effective immediately.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
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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
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TRS I Tyson Poulrr��
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SITE LOCATION MAP
ev..., ..
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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
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strucZam (Sam) Orainagewzy
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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
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Z
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..JS
Wooded Area
(Sam)
Drainageway
q
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�
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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
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FIELD
ff
s
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pond — Acce= Road
v n—
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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
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it I
f
' sr
FIELD
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ft
d.
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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
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y
i
i
i
1
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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
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r
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Q Pond ..'Aocess Road.
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yfi Property�y
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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