HomeMy WebLinkAboutWQ0000701_Regional Office Historical File_20171231 (7)wA� * �11 I, i I A.
NCDENR FILE
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H, Sullins Dee, Freeman
Governor Director Secretary
AQUIFER PROTECTION SECTION
January 15, 2010
Certified tail
Return Receipt Rd nested
r. Can Crowe, Supervisor
Tyson Foods, Harmony Plant Giver Valley Animal Foods)
1 Sheffield Road
Harmony, NC 28634
RP Notice of Violation 1 Notice of Intent to Enforce
Nei '- 10-PC- 01 g
Permit # WQ0000701
Tyson Foods„ Harmony Plant (R"AF)
Land Application of Residual Solids (3 Exempt)
lredell County
Dear Mr. Crowe, -
Chapter 13, North Carolina General Statutes„ authorizes and directs the Environmental Management
Commission of the Department of Environment and Natural Resources to protect and preserve the water and
air resources of the State, The Division of Water Quality W ) has the delegated authority to enforce
adopted pollution control rules. This letter is a standard notification and is intended to advise you of the legal
requirements under forth Carolina law,
On January 5, 2010, Danny Wyatt notified staff of the DWQ, Aquifer Protection Section (APS), by
phone of a significant sludge spill from the sludge storage facility at the Tyson Harmony Plant. He reported
that the spill, estimated between 190,000 to 210,000 gallons, had entered a small tributary and then made it
into Hunting Creek. Several miles downstream Hunting , Creek serves as a drinking water supply source for the
Towns of Mocksville and Cooleemee
PERFORMANCE STANDARDS
1 Permit condition €,1 requires that the residuals program "be effectively maintained and operated
as a non -discharge system to prevent the discharge of any wastes resulting from the operation
of this program."
Can January d, 2010, an inspection by DWQ staff from the Mooresville Regional Office confirmed that
the spill had made it to Hunting Creek.
Division of Water Quail Agaler Protection SeCban 11.10cresville Reginnaf Office One r
610 East Center Avenue, quit 301, M resville, North Carohna 8115 �j t s�" � � 1c�
na: 7t14 6 1ra 3 t Fax: 7 3 i1 i 1 Customer foe 1-377-623-6748
Memel E rar aterqua6fty.arg
Ar, qua! ,OpRaquiiify :x rr aat,ve .dial Fmvny pr
"qqqq
TYSON Harmony
Page 2,,,,of 2" --, V
January 15, 2010
We are in receipt of your written report of January 11, 2010, regarding the release and inlitial response
in accordance with requirements outlined in Permit Condition 111.9.
Jill ii 11111111111111114111111i 1 11111111111111
111111 U111111
Sincerely,
4
Andrew, H. Pitner, P,G,
Environmental Program Supervisor
Mooresville Region, Aquifer Protection Section
cc: Central Office permit file WQ0000701
MRO-APS files
MRO-SWPS - Rob Krebs
Iredell County Environrnental Health Department
WSRO-PASS - Lee Spencer
ttp://trkcnf i.smi.usps,com/PTSI nternetWeb/interLab 1 ury.d
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7
NCDENR
North Carolina Department of Environment and Natu4 Resources
Division of Water Qual4
Bevedy Eaves Perdue Coieen H, SAins Dee Freeman
Governor Director Secretary
February 25, 2010
CERTIFIED MAIL
RETURN RECgELggqq9§M
Mr. Dan Crowe, Supervisor
Tyson Poultry, Inc., Harmony Plant (River Valley Animal Foods)
501 Sheffield Road
Harmony, North Carolina, 28634
SUBJECT: Assessment of Civil Penalty for
Violations of NC General Statute 143-215.1,
Non -Discharge Permit No. WQ0000701
Case No. PC-2010-0007
NOV-201 O-PC-00 19
fredell County
Dear Mr, Crowe:
This letter transmits notice of a civil penalty assessed against Tyson Poultry, Inc,, in the amount of
lq,274.95, which includes $874,95 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,
ii Subrriit paymentELEZ3133�
Payment should be made directly to the order of the Department of Environment and Natural
Resources (do not include waiver form). Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Please submit payment to the
attention of:
Mr, Ed Hardee
DWQ/Aquifer Protection Section
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
DMsion of Water Qualtry lAquifer Protedon Section ,' Nloores• a Repional office, One
610 East"Center Avenue. Surte 301 rviooresvil9e,Nor*,hCaro€ina28115 NorthCarc ill
a
Phone: 704-663-1699i Fax; 704-663-6040 CuslorrerSeMm I-877-623-6748
Internet www.fiLwaterauaiity org Naturally
TYSON Assessment 74qq
WQ0000701
OR
2. Submit a written request for remission including a detailed justification for such
request:
(1) Whether one or more of the civil penalty assessment factors in NCGS 143B-282 I (b)
were wrongfully applied to the detriment of the violator;
(2) Whether the violator promptly abated continuing environmental damage resulting from
the violation',
(3) Whether the violation was inadvertent or a result of an accident-,
(4) Whether the violator has been assessed civil penalties for any previous violations; or
(5) Whether payment of the civil penalty will prevent payment for the remaining
necessary remedial actions,
rment Page 3
PP07PO1
In order to request remission, you must complete and submit the enclosed "Request for
Remission of Civll Penalties, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form within thirty (30) days of receipt of this notice, The Division of Water Quality also
requests that you complete and submit the enclosed "Justification for Remission Request,"
Both forms should be submitted to the following address,
Mr. Ed Hardee
DWO/Aquifer Protection Section
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
OR
3. File a petition for an administrative hearing with the Office of Administrative Hearings:
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
AND
Mrs. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 all Service Center
Raleigh, North Carolina 27699-1601
TYSON Assessment lqqq
VQ00007 i
If you have any questions, please contact Andrew Pitner at 04) 663-1699 or Mr, Ed Hardee at (1) 715-
6189.
incerelyy,
for Coleen Sullins
Director, Division of Water Quality
ATTACHMENTS
cc, Ed Hardee, DWQ APS Central Office / tk chments
Case P - 1 - 0'7 w/ attachments
BPS Central Piles, Permit Pile WQ0000701 I attachments
pppp"",7 RTATE OrrNORTH CAROLINA
IN THE MATTER OF:
TYSON POULTRY, INC.
FOR VIOLATIONS OF
PERMIT NO, WQ0000701
AND N,C,G.S. 143-2151
FOR FAILING TO PROPERLY
OPERATE AND MAINTAIN
NON -DISCHARGE
PROGRAM
File No. PC-2010-0007
FINDINGS AND DECISION
AND ASSESSMENT
OF CIVIL PENALTIES,
Acting pursuant to North Carolina General Statute (G.S.) 143-215.6(A) and the delegation provided by the
Secretary of the Department of Environment and Natural Resources, 1, Coleen Sullins, Director of the
Division of Water Quality (DWQ), make the following:
1, FINDINGS OFFACIT:
A. Tyson Poultry, Inc. (hereinafter referred to as Tyson) is a corporation organized and existing under
the laws of the State of North Carolina. Tyson operates a non -discharge land application program at
its facility in Harmony, North Carolina, Iredell County,
B, Non -Discharge Permit No. 1/i/'Q0000701 was issued to Tyson on June 26, 2006 and allows Tyson
operate a land application program for residuals produced at the Harmony Plant, Iredell Co.,
Wilkesboro Plant, Wilkes Co., Case Farms Facility, Burke Co., and the Townsend Foods, Inc. Plant,
Chatham Co, Permit WQ0000701 expires on May 31, 2013,
C, Permit VVQ0000701 contains the following relevant condition and Tyson action-.
jjj� 11111111 11111���
=No
�=Mmlam* tozl��W��
D, On January 15, 2010, DWQ issued a Notice of Violation (NOV)/Notice of Intent (NO[) to Enforce to
Tyson, identifying violations of Non -Discharge Permit WQ0000701' ' The NOV /N10I was received by
Tyson on January 19, 2010 certified mail with return receipt. The response date to this NOV/NO[
was January 29, 2010,
E. Tyson submitted information to DWG describing spill response and cleanup activities on January 12,
2010, and additional information in response to the NOVINOI on January 26, 2010,
F, Staff costs and expenses associated with observing the violations, defining their nature and bringing
enforcement action totaled $874.95.
gigg•
iligpirld, julrilli
11. CONCLUSIONS OF LAW
IF 1111 iii I
B. Permit No. WQ0000701 is required by N,C,G,S. 143-215.1, The permit was issued to Tyson on June
26, 2006, and it expires on May 31, 2011
C. Tyson violated N.C.G.S. 143-215,1 and Permit WQ0000701 to the manner and extent as described in
Condition 1,1 by failing to prevent discharge of waste,
D. General Statute 143-�Ia6A(a)(2) provides that a civil penalty of hot More than $25,000,00 per Violation
may be assessed against a person who violates or falls to act in accordance with the terms, conditions,
or requirements of a permit required by N-C-G, S, 143-215.1
Based upon upon the above Findings of Fact and Conclusions of Law, I make the following:
III DECISIONS:
1! V111111111 1111
Accordingly, Tyson is hereby assessed a civil penalty of:
Z'155 0 00 0 for one violation of N.C,G,S, 143-215.1 and Permit No, WQ0000701 by failing to
perform to permit standards as required by permit condition 1, 1 by failing to effectively
maintain and operate as a non -discharge system,
TOTAL CIVIL PENALTY, which is 30 percent of the maximum penalty authorized
by G.& 143-215,6A,
i__?L�� TOTAL AMOUNT DUE
PPPPPP'
IV, N TI E
I reserve the right to assess civil penalties and investigative costs for any continuing violations occurring
after the assessment period indicated above. Each day of a continuing violation may be considered
separate violation subject to a maximum $25,000.00 per day penalty. Civil penalties and investigative cost
may be assessed for any other rules and statutes for which penalties have not yet been assessed.
_ _ T NS ITTALt
These Findings of Foot, Conclusions of Law and Decision shall be transmitted to Aiohem, in
accordance with N,C,G.S. 1 -21 . (A)(d).
15;
a mm
(Date) for Coleen Sullins
jUSTIPICATJON FOR REMIStIgN 9150yeST I
Case Number: PC4010�0007 County- Ire.
Assessed Party: jysoo E!2y!Lm"Ing4
Permit No. (if appIicaW6):)�ALQOONZOI Amount assessed: lliZI29
(c) the violation was inadvertent or a result of an accident (i.e,, explain why the violation was
unavoidable or something you could not prevent or prepare for)"
Wal WO �-M 1111
M���RILIIIUIIIIII 1 11111
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF IREDELL
IN THE MATTER OF ASSESSMENT) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
TYSON POULTRY, INC,
Permit No, WQ0000701 FILE NO. PC-2010-0007
Having been assessed civil penalties totaling 1,§,374,95 for violation(s) as set forth in the assessment
document of the Division of Water Quality, Aquifer Protection Section dated February 25, 2010, the
undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an
administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned further understands that all evidence presented in support of
remission of this civil penalty must be submitted to the Director of the Division of Water Quality within 30
days of receipt of the notice of assessment. No new evidence in support of a remission request will be
allowed after 30 days from the receipt of the notice of assessment.
This the day of , 20_,
. ..
• ompiete sterns 1, 2, and 1 Also Corcplete A. Sig ure
itee*n ! if Restricted Cteflivar}r is desireda ' :Acgert
c..4 ,� 4
• Print your name and address on the reverse J .0 0 Addressee
so that we can return the card to you. & Received by ( Printed Narr�e) C. Dat of D H er
Attach this yard to the berm of the rrRam6pie , / Is dery addre � Al t fruar at � Y 4
�r on cite trnrt-.t if space parmi°3lt.�. � �.®. ��.
_y� __ _ � _ 1i Yes
A
Article Addressed t ,. iP DES, enter d fivery address bt 0
r
TOr, Dan Crowe � �
Tyson POultry, Inc'.
501 SheffieldRd,
H r m rly NC 26,E l i e " g
tr 11" rtbfied Mail C3 Wires$ mail
r.w 0 Registered 0 Return Receipt for Merchandise
Insured Mail 0 CO,D
. R trl¢tted Delivery? {te(ra twee) 0 Yes
. Article Number 2 1140 0002 2717 6965'
( D^arefer from service „
PS Farm 3811, February 2004 Domestic Return Receipt 1=9510-A iUo
Ln
1 a
ni g .
rue. .w
N
r r µ tA r. Daryl Crowe
TVsOR poultry,
Rcl
501 Sheffield
Ply NC 29634
p
4 W, C
s,u, ,.w
HC ENR
7
North Carolina Department Environment and tu� Resources
Division o Water Quality..
err rly Eares Perdue Cesar H. Sullins a 'reernan
Governor Directu, o r°etary
March 5, 2010 rMAR 5 2DID
Timothy T. Jones tt�iJ
Tyson Foods, Inc W - r r'ir t�rotect on
SUBJECT: Acknowledgment of receipt of Payment
Case No. PC `-20l n-0007
Tyson Poultry, Inc., Harniony plant
Permit No. WQ0000701
Iredell County
Dear Mr. Jones:
This letter is to acknowledge receipt of your check No.1004371338 in the amount of .57 . 5
on March 2. 2010This payment satisfies in fall the civil assessment levied against the subject
facility and this case has been. closed. Payment of this penalty does not preclude further action by
this D ivision for additional violations of the applicable Statutes, Regulations, or Permits,
If you have any questions, please call me at 1 ) 715-6189.
Sincerely,
, D. Hardee
Aquifer Protection Section
cc: Mooresville legion -aquifer Protection Re Tonal Supendsor
File # PC-201 -000
Permit File WQ0000701
t, gip# e"VmY C k 1" w. , t c
d.+h^n9tl i t FAX C "" FAX e". v.� bb'�C,q i i j e'"� f � F-m:� Cs'Y^' } `yq �E F
it9 ia
iia
.... `ia t�.'t' �1W4"a i1'"J�3t'k.Y' tE$ �rt'ta
11autral4t
TYSON FOODS, I
ENFORCEMENT PAYMENTS ,BOURN
037113l11a
Payment
Fee Type Clietic Nureader Case Number
Received
payer
Account Crest Center Company
Amount County
NC Statute Number
Enlrtrrcemem Costs 1004371318 PC-20141 0007
031O:rd2010
Tyson Pouliq Inc435400
16906923 1601
$874,96 Iredel
143-215 I(a)(6)
Civil Penalties 1004371338 PC-2010 0001
0310212010
Tyson PoWity Inc
435500026 1690r.9Z3 1601
$7,5oa o0 lredell
143-316 I(a)(6)
Total mount-
$8,374,95
Grand Total Amount,
$8,374.95
Tyson Foods, Inc.
RECEIVED /DENR/DWO
AOUlF;:R'PpnTFrTjON'O
March 1, 2010 FCTKW
MAP 0'2 2018,
Sent'Via E-mail and Fed -ex
Mr, Ed Hardee
DNNVQ/'Aqmfer Protection Section
16 36 Mall Sen!lce Center
Raleigh, NC-17699-1636
Z711
Re: Assessment of Civil Penalty for N"iolations of NC General Statute
Case No. PC-2010-0007
Dear Mr. Hardee:
Please find enclosed check number 1004371338 in the arriount of eight thousand three
hundred seventy four dollars and ninety five cents (S8.374,95) vable to the North
Carolina Department of Environment and Natural Resource Division of Water Quality. 111
regards to the above referenced matter Should you have any, questions or concerns
regardnU,r this application, please do not hesitate to contact me,
Sincerely,
Timothy T. Jones
Senior Counsel 11
2201) Don Tyson Parkv,,ay
Springdale.,M72762
(479)290-7 102
Tirn,Jones('Ftysonxoni
Enclosures
T�vsan Foods, Inc, Legal Department 1-200 Don"Nsoii Parkway Springdale, Al 7/2762-6999
479-290-4000 Fax: 479-290-7967 wv,,iv.tvson.com
It's what y ourfamdydeser ves.-
CU� I JAK 12 ME
January 11, 2010
Mr. Andrew Pitner, P,G,
Division of Water Quality - Aquifer Protection Section
Mooresville Regional Office (MKO)
North Carolina Department of Environment & Natural Resources
610 East Center Avenue, Suite 301
Mooresville, North Carolina 28115
Ati January 1010 Wastewater Sludge Relem Incidetit
TYS" Foods, Inc� River Valley Animal Foods Fewility
Harmony� North Carolina
Tyson Foods, Inc. Animal Food lngredierat q Group 11,0, Box 158 Harniony, NC 28634 7704-346-2602 www,tyson,com
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We appreciate NCDENR's cooperation and assistance during this matter, While the
incident was preventable and regrettable, we believe the Emergency Response training
conducted as part of our Environmental Management nt System proved essential in responding to
this incident in a swift and appropriate manner. Please contactat 704,546,2602 if I can be of
further assistance and/or if you require additional information.
Sincerely;
TYSON FOODS,
drwe
Plant Manager
cs Steve Patrick Tyson Foods, Inc.
Watson,Bo Tyson Foods, Inc:
Doug Baxter, Tyson Foods, Inc.
Jimmy Brown, Tyson Foods, Inc.
Mr, Andrew Pitner, P.G. , Program Supervisor
Division of Water Quality Aquifer Protection Section
Mooresville nl Office
North lima Department of Environment tt ral Resources
610 East Center Avenue, Smite 301
Mooresville, olina 28115
January 2010 "wastewater Sludge release Incident
Tyson Foods Inc. - River Valley Animal Foods Facility
Harmony, North Carolina
zI Mt,, IUM. »
�s
Tyson Foods, Inc Atw Valley Animal Foods 601 ShoMeld Roat� Hammy, Nb ��4
Photic 704.64616W rak
• From this point forward any storruwater or material recovery within the DAF
storage secondarycontainment area will be completed with a trailer equipped
with tank and recovery pump. This equipment (trailer, tank,, hose and
fittings) was purchased weer January 5-22,.
root cause analysis will be performed by members of Tyson's CorporateTyson' EHS
Services and RVAF senior management. This is tentatively scheduled for the
week of February 1- , 2010
To date, RVAF has spent $21,863.8 2 related to this incident. These costs include material
recovery/site restoration activities and equipment purchase, These sts do not include RVAF
and/or nr Tyson team member wages. RVAF extended offers to the Town Managers of both
Cooleemee and Mocksville for reimbursement of all costs associated with the interruption f
service ttt both water treatment facilities attributed to this incident, The era were accepted d
we expect to receive statements from h entity soon, As soon as received, those costs will b
forwarded to your attention.
Based on our prompt response actions and based upon costs incurred as a result of this
release, we respectfully request that no civil penalty be issued related to this incident. As
previously conveyed to NCDENR staff, we appreciate your assistance and direction during this
unfortunate incident. Please contact me at 704.546.2602 if I can be of further assistance and/or if
you require additional information.
Sincerely;
TYSON FOODS, INC.
an ru
Plant Manager
°c Steve Patrick, Tyson Funds, Inc.
Bo Watson,Tyson Foods, Inc,
Doug r, Tyson Funds, Inc;
Jimmy Brown,Tyson Foods, Inc..
Hunting Creek Samples
Before Spill in Branch
After Spill in Branch
Time -0755
Time - 0815
D,O - 1.4,73 mg/I
D,O. - 14.96 mg/I
TEMP. - 13Centigrade
Temp. - 1.1 centigrade
Ph - 6.55
Ph - 7.11
Fecal - time — 0805 ( 38 feel count
Fecal - time -- 082 ( 44 feel count }
Oil& Grease - time 08 - ( < 5.1 mg,l
Oil & Grease - time 0825 (< 5.3 mg/I
Hunting Creek Above Spill
After Spill at Hunting Creek Bridge
Time - 0840
Time 0725
D.O: - 14.23 mg/I
D , - 11.83 g/l
Temp. - 1,0 centigrade
Temp - 1.,4 centigrade
Ph _ 7M
Ph - 5.33
Fecal - time- 0845 ( 64 fecal daunt
Fecal - time — 0730 ( 70 fecal count
Oil & Grease - time — 0850 ( < 5.4 mg/I (
Oil & Grease time — 0735 ( 5,7 mg/I
Below Effluent discharge on Hunting Creek
Hunting creek at County Line Bridge
Time - 0710
Time - 0900
D.O. - 11.77 mg/l
D.0, - 17.81 mg/
Temp. - 7..7 centigrade
Temp. - 1..4 centigrade
Ph - 7.17
Ph - 7.9'
Fecal - time — i377 ( 7 fecal count
Fecal - time 5 (76fecal count
Oil & Grease - time — 0715 ( < 5.1 mg/I
I
Oil & Grease - time — 0905 (< 5,1 mg/I
From: Baxter, Doug [doug.baxter@tyson,com]
Sent: Thursday, February 04, 2010 3,13 PM
To: Pitner, Andrew
cc: Crowe, Daniel; Brown, James - Wilkesboro
Subject: RE: RVAF Harmony
Andrew —
Doug Baxter
Area Environmental Manager
Tyson Foods, Inc.
13264 Mountain Road
Glen Allen, Virginia 23059
phone: 804.798.8357 ext. 259
cell: 804.514,3170
fax: 804,752,2331
this email mid any files transmitted with it are confidential and intended solely for the use ofthe addressee. If
you are not the intended addressee, then you have received this email in error and any use, dissemination,
forwarding, printing, or copying of this email is strictly prohibited. Please notify us immediately of your
unintended receipt by reply and then delete this email and Your reply. Tyson Foods, Inc. and its subsidiaries and
affiliates will not be held liable to any person resulting front the unintended or unauthorized use of any
information contained in this email or as a result of any additions or deletions of inlormation originally
contained in this ernait,
U
Huffman, Ellen
From: Bell, Wes
Beata Monday, January 11, 2610 9124 AM
To: Krebs, Rob; Setae °, Britt; Pftner, Andrew; Huffman, Ellen
Subject: F: Data from Sludge spill in Branch and bunting Creek
denr gall gar c 'es Bell - des B..
North Carolina inept. of Environment & Natural Resource
Diva of Water Quality
610 S. Center Ave., Suite .301
Mooresville, NC 2 115
Ph: 704,663-1699 Fax:704.663.6040
E-mail correspondence to and from this address may be subject to the North Carolina public Records law and may be
disclosed to third parties,
From: Campbell, like [mailto:mike,camp ll tyson. om]
Sent: Friday, January 68, 2916 :02 p '.
To: Crowe, Daniel
Baxter,Doug; Brown, James - Wilkesboro- 'Wyatt, Daniel; 'wes. ell@n mail.net'
Subject: ' : Data from Sludge spill in Branch and Hunting Creek
Fecal results before clean up of Sludge Spill at Tyson Foods, Harmony, N,C.
Upstream in Branch = 90 fecal
Downstream in Branch = 68 fecal
Upstream in Creek ( above spill ) = 70 fecal
Downstream at Bridge ( below Spill ) = 62 fecal
Creek below Effluent discharge ( below spill ),= 82 fecal
Creek at County tine Bridge ( below Spill ) = 58 fecal
Creek above Coolornee Water Plant = 23 fecal
From: Campbell, tie
Sent: Thursday, January 07, 2010 10:5Ali
: Wyatt, Daniel
Brown, James - Wilkesboro; Baxter, Doug
'wes.l ell ncrnail.net'; Crowe, Daniel
Subject: Data from Sludge spill in Branch and [hunting Creek:
1-S-B
Upstream of spill in Branch
Downstream of spill in Branch
Temp, — 4.9 centigrade
Temp. - 3.9 centigrade
Ph - 6.34 S.IJ,
Ph - 6.45 S.U.
D, : 9.3 mg/l
8, , _ 9,39 rn l
Time 1420
Time - 1425
1-6-10
Upstream of spill in Branch
Downstream of spill in Branch'
Temp. - 0.1 centigrade
Temp. - 0.1 centigrade
Ph - 6,55 S.U.
Ph - 6.51 SM
D3 e 11.93 mg/1
D.O. - 11.42 mg/1
Fecal - 0810
Fecal - 6 82
Time r 0805
Time - 081:5
1-6-10 Upstream of spill in Hunting Creek
Downstream of spill in Hunting Creek Bridge
Temp. - 0.5 centigrade
Temp, - 0.1 centigrade
Ph - 8J3 S,U:
Ph - 8.18 S.U.
D9 O. - 15,.81 mg/l
D.O. _ 15.29 mg/1
Fecal - 0930
Fecal - 0950
Time - 0925
Time - 0945
1--1
Hunting Creek downstream below Effluent
[discharge
Temp. - 0.3 centigrade
Ph - 8.05 S.U,
D.O. - 1.9 mg1
Fecal - 1015
Time - 1010
1-6-1 D
Hunting Creek at County Line Bridge
Hunting Creek above Coolomee Water Plant
Temp. - 0.1 centigrade
Temp. 1.7 centigrade
Ph 7.08 S.0
Ph - 7A1 S.U.
DO. 14.81. mg/1
D.O. - 10,65 mg/l
Fecal' - 1045
Fecal - 1655
Time 1040
Time - 1650
This email and any tiles transmitted with it are confidential and intended solely for the use of the addressee, If
you are not the intended addressee, then you have received this email in error and any use, dissemination
forwarding, printing, or copying of this email is strictly prohibited. Please notify us immediately of your
unintended receipt by reply and then: delete this email and your reply. Tyson Foods, Inc. and its subsidiaries and
affiliates will not be held liable to any person resulting from the unintended or unauthorized use of any
info nation contained its this email or as a result of any additions or deletions of information originally
contained in this email.
01/0512010 11: 27 19197330059 PER A'S PAGE 01/03
01,105110 10- 21 AM www. are, useg, mil Attn. Pay& I of a 911�!71111 5
NATIONAL RESPONSE CENTER 1-800-424-8802
*&*GOVERNMENT USE ONLY#**GOVERNMENT USE ONLY*,**
Information released to a third party shall comply with any
applicable federal and/or State Freedom or Information and PrIvacy Laws
Incident Repork"t 4 927735
INcICENT DESCRIPTION
*Report taken by; CIV NYDIA RAW_ S at 10c 03 on 05-JAN-10
Incident Type: STORAGE TANK
An
Incident Cause. NATURAL PHENOMENON fl
Affected Area: HUNTING CREEK
Incident was discovered on 05-3AN-10 at o6:15 local incident time. •
N
Affected Medlum: WATER HUNTING CREEK
REPORTING PARTY
Name-, DANIEL WYATT
Orqanlzatlun: HARMONY RIVER VALLEY ANIMAL FOODS
AddresS: Sol SHEFFIELD ROAD
HARMONY, NC 28634
HARMONY RIVER VALLEY ANIMAL FOODS roported for the regponslble p rty:
PRIMARY Phone: (704)5462502
Type of Organization: PRIVATE ENTERPRISE
SUSPECTED RESPONSIBLE PARTY
Name. DANIEL WYATT
Organization: HARMONY RIVER VALLEY ANIMAL FOODS
Address- 501 SHEFFIELD ROAD wa
NC 2863LI
HARMONY,
PRIMARY Phonon (704)5452602
INCIDENT LOCATION
501 SHEFFIELD ROAD Cauntyt IREDELL
City: HARMONY State, NC Zip,, 28634
RELEASED MATERIAL(S)
CHRIS Coca-, NCC Official Material NaMet NO CHRIS GODE
Also Kno"n As, WASTE WATER SLUDGE
Oty pelgagQa� 210000 GALLON(S) Oty in Water; 0 UNKNOWN AMOUNT
DESCRIPTION OF INCIDENT
CALLER STATED A LOAD LINE VALVE ON A SLUDGE TANK FROZE AND 8ORST
RELEASING WASTE WATER SLUDGE INTO HUNTING CREEK,
SENSITIVE INFORMATION
Description of Tanks STORAGE TANK
Tank Above/Below Grounda AEOVC
Transportable Container-, UNKNOWN
Tank Regulated. UNKNOWN
Tank Rogulat4d BY:
Tank TDs UNKNOWN
Capacity of Tank: SOODOO GALLON (SS
Actual Amnunt: 300000 GALLON(S)
INFORMATION—
Sheen Color: WHITISH
Sheen Odor Deacriptian!
Sheen Travel DlrectlLon�
Cl/05/2010 11:27 1919732OQ59 PERCS PAGE 02/e3
U1 / (1-1) Y 10 TO 21 AM wvv: ri rr-. ancg. Mi 7 Attn! page #.1179,iq ou
Sheen Size Length:
Sheen Size Width:
---WATER !NFORMATION---
Ondy of dater: HUNTING CREEK
Tr lOutary of: YAOTIN RIVER
Nearest River Mile Marker.
Water Supply Contaminated; NO
f _MPACT
Fire Involved� NO Fire Extinquishpdz UNKNOWN
TNJURIES. NO Hospitalized; EmpllrrewPassenger.
FATALITIES: NO Empl/Crew; Passenger: occupant:
EVACVATTONS:NO Who Evacuattd: Radlvs/A-ea,
DdmagaNO
Hours Direction oP'
Closure Type Description of Closure Closed Closure
N
Air;
N Major
Road: Artery-N
N
Waterway.,
N
Track;
EnvirQnmental Impnct: UNKNOWN
Media Interest, NONE Community Impact due to material:
REMEDIAL ACTIONS
SPACING CONTRACTOR WITH A DOZER IS MAKING A CONTAINMENT AREA WITH
SAND AND THEN WILL REMOVE THE MATERIAL TO A LAND FIL4
Raloase Securecf: YES
Release Rate:
Estimated Release Duration-.
WEATHER
Wentner; CLEAR, 2111F
Wave Condition; 0 CALM
ADDITIONAL AGENCIES NO�f-f-F-i-E-0
Federal: NONE
State/Local: NONE
State/Cocal On Scene;
State Agency NUMB ar.,
NOTIFICATIONS 8Y NRC
OHS NOC (NOC)
05-JAN-10 10:21 (;?02)28P81I4
OHS I&A STATE AND LOCAL PRGM OFFICE (RALEIGH, NC FUSION CENTER)
05-JAN-10 10:21 (202)5575179
OHS PROTECTIVE SECURITY ADVISOR (PSA DESK)
05-JAN-10 10;21 (703)23557an
01-IS SOUTH CAROLINA FUSION CENTER (LE St:NSITIVE ADVISORS 8,- LIASON PROGRA
05-JAN-1.0 10,21 (666)4728477
DOT CRISIS MANAGEMENT CENTER (MAIN OFFICE)
cry-BAN-10 101 (202)3681q63
U,S; EPA IV (MAIN OFFICE)
(4 041 550 4 9 5 5
0, S. EPA IV (NC/SC INCIOENTS)
01/05/2010 11:97 191979300E9 PERCS PAGE 03103
«A ,�rxcr aJj: zA tin www, nrc, Lf -9. X11 Attu- pilge 3 or 3 #11794q Lr
05-JAN-1 10; 1 (404)6504955
FEDERAL EMERGENCY MANAGEMENT AGENCY (MAIN OFFICE),
5-JAN-10 10; 21 (800)6a47084
GULF STRIKE TEAM (MAIN OFFICE)
05-JAN_10 10E1. (E a1) 1+41 65C1
INFO ANALYSIS & INFRA PROTECTION (MAIN OFFICE)
05--.)AN-10 lot 21„
NC CEPT CF EMERGENCY MGM'T (MAIN OFFICE)
05—JAN-10 10; R� (000) 56t1G66
NC OCCUPATIONAL ENV TL EPIDEMIOLOGY (COMMAND CENTER)
05-JAN-7. 1 : c (919)7075950
C PUBLIC HEALTH PREPARE AND RESPNS (PHPR COMMAND CENTER)
05- AN-1.R 19; 1. (9191715091
NATIONAL INFRASTRUCTURE COOED CTR (MAIN OFFICE)
05-JAN-IG 10: P1 (E E) N29 D1
NATIONAL INFRASTRUCTURE COORF1 CTR (INFR'ASTRUC;TURE, PROTECTION
o-JAN-16 1 : RI (2G2), S29RS1
NOAA RPTa FOR NO (MAIN OFFICE)
95-JAN-1 101 ( 06) 626491.1
STA'rE OF NORTH CrAROLINA ICNR (MAIM OFFICE)
ADDITIONAL INFORMATION
CALLER WILL NOTIFY THE DEPARTMENT OF EMERGENCY MANAGEMENT, THE
P-OCAL PLANNING COMMITTEE (LEPC) AND LOCAL FIRE UE' ART' ENT.
ND INCIDENT REPORT #987735 **
Report any pr Maus by cmIling 1-.R O-524- 80
PLEASE VISIT OUR WES SITE AT bttp;//www.nrc,uscq,mjj
toy
0�y Michael F Easley, Governor
William 0, Ross ir" Secretary
FILE North Carolina Department of Environment and Natural Resources
Alan W Klimek, P.E., Director
Division of Water QuaI4
June 26, 2006
MR, DAN ROW E, PLANTMANAGER
TYSON FOODS, HAkMONY PLANT
5 0 1 SHEFFIELD RD
HARMONY, NoRTH CAROLINA 28
Subject: Perniit,No. WQ,0000701
TYSON FOODS, Harmony Plant
Residuals Land Application Program
.and Application of Residual Solids (503 Exempt)
Iredell County
Dear Mr. Crowe:
In accordance with your permit modification and renewal application package received on
January 5, 2006, we are forwarding herewith a modified and renewed Permit No. WQ0000701, dated
June 21, 2006, to Tyson Foods for the subject residuals land application program.
This permit is being issued to approve the continued operation of the residuals land application
program for another five-year cycle with the following mridifications-
a. This permit is issued as a renewal and to modify the permitted land with a decrease in acreage
available for land for application for a total of 1522.34 acres.
b. Change of ownership of land previously listed as owned by Ed Dewitt to Dale Dewitt.
As always, remember to take the time to review this permit thoroughly, as some of the
conditions contained therein may have been added, changed, or deleted since the last issuance. Pay
particular attention to the monitoring requirements in this permit. Failure to establish an adequate system
for collecting and maintaining the required operational information will result in future compliance
problems,
if any parts, requirements, and/or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request shall be in the from of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, North Carolina 27699-6714, Unless such demands are made, this permit shall be final
and binding, tatcmirri
Aquifer Promtion Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Custorner Service
lntcvuet. 2729 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748
Fax (919) 715-6048
An Equal Oppodunity/Affinnative Action Employer - W1. Recycled/1 0% Post Coosurner Paper
r.. Dan Crowe
Page
Jena 26, 2006
If you need any additional infonnation concerning this matter, please contact Mr. J. R. Joshi by
telephone at (l9) 715-6698, or via. -shall at jayaj shi r7x n rnail.n to
Sincerely,
Lor Alan W. Klimek, P.E.
c' Brent Collins, EMA Resources, Inc., 29 Court Square, Mocksville, NC, 27028
Moore County Health Dept.
Montgomery County Health D pt.
Richmond nd aunty Health lth Dept;
Surry County Health Dept.
Winston-Salem Regional l" n- tqui r Protection Section
Technical Assistance and Certification Unit
AIDS Central Files
APS Files
U Residuals Program Coordinator
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEISH
LAND APPLICATION OF RESIDUAL SOLIDS (503 EXEMPT) 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 BEREBY GRANTED TO
TYSON FOODS, HARMONY PLANT
Iredell County
Imm
1, 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
program.
2, 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.
3, The issuance of this pennit shall not relieve the Permittee of the responsibility for damages to
surface waters or groundwater resulting from the operation of this residuals land application
program.
4. In the event that the residuals land application program is not operated satisfactorily,
including the creation of nuisance conditions, the Pennittee shall cease land applying
residuals to the site, contact the Aquifer Protection Section of the appropriate Division of
Water Quality's (Division) regional office, and take any immediate corrective actions as may
be required by the Division,
5No residuals other than those gencraW by the residuals sourct�tatitig facilities listed in
the most reeently�cettifled Attachment A of this permit shall be Approved for [and application
in accoMance with this permit,
6. Only the land application sitcs�;]isW in the most Attachment B of this
permit are approved for residuals land application.
MENluffilailawl gal-
t RUIUSTIM.19,
2
ppppppp,
H. QPERATION
I. The facilities and land application sites shall be properly maintained and operated at all
times.
Upon classification of the residuals land application program by the Water Pollution Control
System Operators Certification Commission mission CSOC C , the Permittee shall designate a
certified land application residuals operator to be in responsible charge 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 15A NCAC SG .0202,
3. 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.
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.
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 pudic assembly under separate ownership for
surface application methods; however, the buffer zone requirement ent may be reduced to
minimum of lop feet upon written consent of the owner and approval from the Aquifer
Protection Section of the appropriate Division's regional office in Attachment B of this
permit,
bw 200 feet from residences or places of public assembly under separate ownership for
subsurface applicationmethods; however, the buffer zone requirement may be reduced to
a minimum of 100 feet upon written consent of the owner and approval from the Aquifer
Protection 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
d any Class l or Mass 11 impounded reservoir used as a source of drinking water for
both methods;
& 100 feetfrom any streams classified as WS or R, any' other 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;
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; and
L 25 feet from do slope interceptor drains, surface water diversions, groundwater
drainage systems, and surface drainage ditches for both surface d subsurface
application methods.
Some of the buffers specified above may not have been included in previous its for this
residuals land application program. However, any land application sites that are listed in the
most recently -certified Attachment B of this it, but were approved with different buffers
shall be reflagged to comply with these buffers.
6MAxinitim slope for land applicAtioa of residuals shall be 10 percent for surike application
methods and f 8 percent f4r subsur&ce application methods,
T Specific residuals land application area boundaries shall be clearly marked on each land
application site prior to and during a residuals land application event.
9,
An acceptable pI4 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 pl-I best suited for the specified crop and the soil type,
4
14. Animals 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 come in contact with the residuals shall
not be harvested for 30 days after any residuals land application event.
M
16. Food crops with harvested parts that touch the residwil/soil mixture and ate totally above, the
Iand surface tobacco, melohs� cucumbers, Nunsh, etc) shail ndt be harvested for 14
months After any residuals land application event.
17, Food crops with harvested parts below the suff4ee pf the land (te, root crops such as
potatoes, carrots, radi§ht� 00) shall not be harvested for 20 tuouW after any residuals land
application event when the residuals remain on the land surfhee for four months or longer
prior to incorporation into the so] L
18. Food crops with, harvested parts below the suffate of the land shall not be harvested for 38
months after any residuals land application event when the tesiduals remain on the land
surface f4 less than four thouths prior to incorporation into ac soi�l,
20, Adequare provisions shall be taken to prevent wind erosion and surface runoff fiWn
conveying residuals from the how applic4tioti sites OW adjacent propetti�s or into any
surface waters.
21 Adequate procedures shall be "Ided to prevent stirfice rupoff fi�om ca�jng 44 land
applied or stored residuals 'into a4 gurfke w4tcrs.
mill, 11,
I i t
24. -XesiduaJs shall not be land applied during inckment weather or until 24 hours following a
rainfall event of 0-5-inch or greater in 24 hours. Any emergency residuals land application
veasores shall first be a0provedin writing by (he Division.
25Residuals shall not be land applied to any land application site that is flooded, frozen, or
snow-covered.
26, Appropriate ni�6surds shall be takeft to control public access to the land application sites
during active site use and for the 12-nionth period following the last residuals land
appdicating the Activities
being conducted a each site.
" monitoring (Lc, including giroundwater, surface water� residuals, s6il' or plant tiss4i�&
analyses) doomed necessary by the Division to ensure Proteetwin of the environment shall he
estahllshe� and an acceptable sampling and reporting schedule shall be fblfowod.
II
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
Ammonia -Nitrogen Nickel Sodium
Cadmium Nitrate -Nitrite Nitrogen Total Kjeldahl Nitrogen
Calcium Percent Total Solids Zinc
Copper PH Plant Available Nitrogen
Lead Phosphorus by calculation)
7
4Residuals generated by each residuals source -generating facility listed in the most recently -
certified Attachment A of this permit shall be monitored for compliance with Condition 1, 10.
The monitoring shall be performed at the frequency specified in the most recently -certified
Attachment A of this permit, and data to verify pathogen reduction of the residuals shall be
maintained on file by the Permittee for a minimum of five years. The required data shall be
specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear
compliance with the Class B pathogen reduction requirements and site restrictions in 40 CFR
Part 50332(b). In addition, the Environmental Protection Agency (EPA) certification
statements concerning compliance with pathogen reduction requirements, and management
practices shall be completed at the frequency specified in the most recently -certified
Attachment A of this permit by the proper authority or authorities, if more than one is
involved (i.e., either the person who prepares the residuals, the person who derives the
material, or the person who applies the residuals). Only residuals that are generated by the
residuals source -generating facilities that are identified as being exempt from Condition 1. 10.
in the most recently -certified Attachment A of this permit shall not be required to comply
with this monitoring requirement.
5, Laboratory analyses as required by Condition 111. 2., Condition 111. 3., and Condition 111. 4.
shall be performed/gathered on the residuals as they are to be land applied. Furthermore,
analytical determinations made pursuant to the monitoring and reporting requirements of this
permit shall be made by a laboratory certified by the Division for the required parameter(s)
under 15A NCAC 2H .0800 or 15A NCAC 2H.110
6Proper 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, field, 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);
13
& Three copies of all required monitoring and reporting requirements as specified in Condition
111. t ., Condition 111, 2., Condition 111, 3., Condition 111, 4., Condition 111, 5 ., Condition 111. 6.,
and Condition 111, T shall be -submitted annually on or before March Ist of the year following
the residuals land application event to the following address:
NCDENR:.DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, No Carolina 27699-1617
9. Noncompliance Notification.
'Ile Pennittee shall report by telephone to the Aquifer Protection Section of the Division's
Winston-Salem Regional Office at telephone number (336) 771-4600, as soon as possible,
but in no case more than 24 hours or on the at 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 material 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 program system was designed.
d. Any process unit failure, due to known or unknown reasons, that render 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.
In
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;
V. QROUNDWATER REO MENTS
2, eta Iiable c�ur�da eduire
a. The _COMPLIANCEBOUNDARY for residuals land application programs is specified
by regulations its I SA NCAC 2L (i.e., "Groundwater Classifications and Standards").
The Compliance Boundary for each land application site is established at either 250 feet
from the residuals land application area or 50 feet within the property bound
whichever is closest to the residuals land application area, An exceedance o
Groundwater Quality Standards at or beyond the Compliance Boundary is subject to
immediate remediation action according to I SA NC AC 2L .uld d)(2)
b. The REVIEW BOUNDARY shall be established around each land application site
midway between the Compliance Boundary and the perimeter of the residuals land
application area, Any e ceedance of Groundwater Quality Standards at the Review
Boundary shall require action in accordance with I SA NCAC 2L ,d 1 d (2).
3: AdditionalRequirements:
a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided,
PPPPPII`
3111 111 111111 iii IMI 14M •�54114I
V1. GENERAL CONDITIONS
I a This pennit 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.
2. This permit shall be effective only with respect to the nature and volume of residuals
described in the application and other supporting data.
I 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 § 143-215W
4The 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).
S. The issuance of this permit does not preclude the Pennittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable
river buffer rules in 15A NCAC 2B MOO, soil erosion and sedimentation control
requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000,
and any requirements pertaining to wetlands under I SA NCAC 2B .0200 and 15A NCAC
.0500.
6. This permit may be modified, revoked, and/or reissued to incorporate any conditions,
limitations and monitoring requirements the Division deems necessary in order to protect the
environment and public health adequately.
qqq
7. The Permittee, at least six months prior to the expiration of this permit, shall request its
extension, Upon receipt of the request, the Division shall review the adequacy of the
facilities and residuals land application program described therein, and if warranted, shall
extend the permit for such period of time and under such conditions and limitations as it may
deem appropriate.
8. This permit shall not be automatically transferable. In the event that there is a desire for the
residuals land application program to change ownership or to change the name of the
era ittee, a formal permit request shall be submitted to the Division documentation from the
parties involved and other supportingmaterials as may be appropriate. The approval of this
request shall be considered can its merits andray or may not be approved.
Permit issued this the twenty-sixth day of one, 2006.
OR rH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Alan ' . Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number'WQOO,00701
12
ilifies
Pernth No. WQOO#O 701
Tyson Poultry, Inc:
Tyson Paukry, Ina Residads Land AppfinWon Program
Permit No, WQ0000701 Page I of I Certification Date.- June 21, 2006
ATTACHMENT B - Approved Land Application Sites
Permit Number, W00000701
Tyson Pou" Inc
Harmony, NC Rendering Plant Residuals Land Application Program Dominant GW
W00000701 TYSON Aft. 8 Cer6fted June 21, 2006
GWA- is dominated by soils with a mean seasonal high water table greater than three feet below tKe land surface. Residuals land application events may
occur on thm sites year round.
GWB- is dominated by soils with a mean seasonal high water table between one and three feet below the land surface. Residuals land application
on the sites shall be prohibited from December through March, inclusive.
All. B Certified June 21, 2DD6
ty re - Google Maps
UO11-.
A. Tyson Foods In
01 Sheffield Road, Harmony, } -
()546-2988
tys n - Google Maps http://maps.google.com/maps?f=q&source=s_q&hl=en&geoco,
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_1 of
State of North Caroling
Department o it n t
bur
and Natural Resources
Division of Water Quality "WWWOM
James . Hunt, Jr., Governor
Bill Holman, SecretarT k1&40CDamNR
Kerr T. Stevens, Director NowrH CAROL.INA 0VFA;rMZr4T OF
October 19, 1999
Dcar.knimal ast.'WaterSystem to er or Operator;
House Bill 1160, the Cleart War= Act of 1999, was ratified by the North Carolina General
Asserribly on Rily 20 and si red into law by the Governor on Rily21, 1999u This legislation has placed
sipificant. new reporting requirements on those entities that o%,Nm or operate wastewater treatment and
collections s ,ste , This letter is prot-idedd asgiridance to assist you in rneetin this aspect of the new
reportxsg requirements,
trill -Notification
One of the MCM, requircractitsthat because e tcn ve October 1, 1999 for all °astelvater facilities that
collect or treat wasteivater is that they must notify the public of wastewater spills. Wastmaterfacflitv
otters or operators roust issue a press release after a discharge to warfare waters of 1,000 gallons ui&n u
hours of Est knowledge of the spill by the oiNmtrloperatore 7"ne law requires ttaat the press release must be
issued to "°aU electronic and print netts media outlets that provide general coverage in the county where the
discharge occurred," A copy of the press release must be maintained for one year by the owner/operator.
i"nis press raisers is required in addition to the p treq .ir eat of contacting the North Carolina Division
of VVatzr Qualitv PWlist of roeclla outlets. sorted by Count,, and a sample press release are attached
for your r°cfe nceW
It a discharge of 15.000 gallons or more reacoes surfaceuvater. a p lic nonc s rea e� ant trot e
Press re.dasc; t rte ptror3c Moises waist ne placed s a newspaper having g n r, al circulation in the Counin
ty
v%haclt tH e discharge occ urred an d teas co unt1• imme =1 ate 1y dow- r-eam. . A sansple public notice format s aiso
enclosed for your reference. L' a discharge of 1,000,000 gallonsof wastewater, of more reaches surface,
waters, the 6WQ regional office must be conftac d to dc-termine in what additional octuaties, if aril`, a public
notice must be published, A copy of all public notices and proof of publication gust be sent to the DWQ to
the .artenti on of "NDCELF at the l erhead addresa within 30 dales of publicatior- A s ample public notice ss
attached for voux reference:: ao nnaimurn content of tna notice is the 'location of the di char e, estimated
volitxrte, water body affected, steps taken to prevent future discharges and a phone number and contact name.
As wasnoted at the beginrung of this letter, there are several now report° & requirements as a result
of that Clean. Water Act of 1999, As a stakeholder Behold in environmental regulation, you are encouraged to rat=ie ,
the etttire scope of the Act to sew if other part apply to your operations, A copy df the Act can be can be
e-iewcd on the North Carolina et -al Assembly's ref site at
a
iit-,.c. w ,, t' n -e sw , c },lm E o �r i moo* hou:,e,F"`til� 1(,(C�.ru11. itiarl,
�.�.1� �.:�,�, �.�� � �..� wa��. n� �.tsf ���at:l � .- � atlls �:�ss�a�
11-ou have, ant• questions, please contact your DWQ Regional Office or (91 ) 733-503 ask- for the
Nor,- isch arse Compfiance and Enforcement Unit for the spill notice requireineats.
1 171 Mau service center, ale: h,.Narth Carohna 79 4161+ Telepbnze 9193-5083 Fas 913- 33 05
.fin Equal opportuniry'kffinnadveAction Employer 0%r ale ;!tiro/� post -consumer paper
For and Content of'Pub lic Notices of Discharges Required by
--House BM 1160
entered the Yadkin River. The barscreen was cleanedand a new automatic unit was installed to
prevent fiirmer discharge. Ms notice was required by North Carolina Cieneral Static krt Cie
es,
72 C:hapter 143.215.0
Minimum content for all the types of facilities includes,
I of facility
2. Location of discharge
3. Estimated volume of untreated waste entering Wateer of the State
4. Time and date discharge occurred
5. Duration of discharge
6. A7ater body that was discharged into including creek and river bask, if applicable
7. kc-tion taken to prevent fiii-ther discharge
S. Contact person and phone number
Content of Notice for Owners or Operators an Animal Waste Management System
lvf}TTICOF DISCI:LF ANILMAL NVkSTE
II e Anirnalfacility load a discharge of untreated wastewater from our ggigajwastesvA�em
g2MRcan en I (a,& la o n4 flushtgLLk), of approximately gallons: The discharge occurred on
month, daytime for appro>dmately _ hours. The treated wastewater entered creed of
the) _ river (basin). The list action tak- Daired. blocka
1992�1�en) tl :wall
prevent ru:tIter discharge. This notice was rep, iredd by North Carolina (3=eral Statutes Article
21 Chapter 143.213.0
Exarnple�
NOTICE OF DISCIIARGE Cr k.NZ4.jkST—=
the Greenwood Farin facilkyournber 95-456 on State Road 1147nearor--enwood Valleyhad a
discharge of mine vmste of approximately 30,000 gallons, The discharge was first discovered on
December 7, 1999 at 21-00 p.m. and lasted for approximately 5 hours, The untreated waste
entered Horsefly Creek of die Cape Fear River, 'The lagoon all was repaired to prevent fiL-Iler
diszhzrge. This notice was required by North Carolina General Start= es Ar6cle 21 Chapter
143,215,C
Mr. Dan Crowe
TYSON, Foods; Harmony Plant'
501 Sheffield Rd,
Harmony, North Carolina 28634
Subject: Land Application Inspection
Permit No. W 09 79 (non- 9 )
Irpoll County
Dear Mr. row
Enclosed is a report for the inspection of the non -discharge permit that was conducted on July
14, 2009. The report indicates compliance with the subject permit, Please note that T ON's permit
expires May 31, 2010. The permit requires renewal be submitted six () months in advance b
December 009.
The ttach d report shouldbe self-explanatory, however, if you have any questions, please
contact me at (7 ) -1 99,
Ellen Huffman ,
c: EMA Resources
Ed Hardee, LAU Residuals Program Coordinator
11 RO fibs
1617 Mail Service Center, Palei h, North Carolina 27699.1617
Lxatiom 512 K SaHSIDU'y Str North Carolina.. 27604
Phony 919-807- O 4 P9 91M07-6492 V Customer Serv,ice:1-877-628-6748
Internet: n ate iality o
One
NorthCarohna
ti Ilia
MIN
NOWDISCHARGIE COMPLIANdE INSPECTION
GEVE2AL WFOPMA TION
Permit No.: �8=000701
Last Amended DateA
SOC Issuance D te - aanticabte
Pormittee CohtaDan CroWe
ORC Name:
ORC
X.ROUTINE —COMPLAINT
Expiration Date. May 31, 2010
Expiration DateNIA
Telephone No.: 704546-2602
Telephone No.: -
8/U ORC:
—FOLLOW-UP OTHER
T ype.of npii®
—Collection System Spray Irrigation X Sludge Other
ir .rrP "Mit of
follow..r V!��Ubn notessaty _.Jes �_� no
Inspector(s) Name(s)/Title(s) Ellen Huffman/Specialist
Telephone No, _Zq4jqqa:j�q�Fax No� 704/663-6040
Date of Inspection july 14,2009
Residuals Inspection pg 2
W00000701 TYSON Harmony
July 14, 2009
Type of R sidual
X Land Application (non 503) chicken processing waste,
Record Keevina
Y-yes N-no N/A -not applicable N/E-not evaluated
Y Copy of current permit available at residual generating site
Current metals and nutrient analysis (see permit for frequency)
TCLP analysis, N/E S,SFA (Standard Soil Fertility Analysis)
N/E Nutrient and metals loading calculations (to determine most limiting parameter) YTD
Y _ Hauling records (# gal and/or ton hauled during calendar year to date)
N/A Field loading records, Y Field site maps and information
W—E —Records of lime purchased
N/E Pathogen & Vector Attraction Reduction (VAR)
N/E Field inspection records
188
Sludae, treatment see notes above.
Trap2port
TYSON has used EMA Resources for NC applications but is currently only land applying in
South Carolina using Terra renewal Services (TRS).
LIMM1�11mix-i
01-11
MUMMUMMMUMIM
stoLqge
It was noted last year (insp. Sept. 2008) that TYSON had planed to replace the 500,000 gal•
storage tank in the next couple of years. It was discussed that TYSON consider rehabilitation
of the existing tank, if feasible, TYSON will need to have the tank inspected once it is
emptied, make any repairs deemed necessary, and once repairs are complete, have an
engineer verify that it is sound,
MAE
Mes rage TanK naa only a reW Teet OT waste in it atine Time of Mis inspection, lor was
minirnal.
Residuals Inspection pg 3
1 Harmony
SS am lire
Describe Sampling:
Is sampling adequate? _N/E Is sampling representative? l
Field Sites end use for class B biosolid i
No land application activity at the time ofinspection.
Permit 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 Rain Gauge on site
Odors/vectors(at land application site
No land application activity at the time of inspection
Odors present
'tears present
r, Dan Crowe
SO „ Foods, Harmony Plait
1 Sheffield lid..
Harmony, North Carolina
Subject. Land ,application Inspection
Permit No,WQ0000701(non-503)
Irdll County
Dear Mr. Crowe -
Enclosed is the inspection report for the inspection of the non -discharge permit that was
conducted on September 25, 2008, The report indicates compliance with the subject permit,
it,
including lab data, record keeping, and field conditions,
The attached report should be self-explanatory, however, if your have any questions,
please Contact me at ( -1 gg.
Sinct erely,
F _
Ellen Huffman
Environmental Specialist
(mac: EMA Resources
Ed Hardee, LAU Residuals Program Coordinator
MRO tiles
Ow
Division of Water Quality f Aquifer Protedon Section 1 Moor svRi e Regional Office Phone (704) 663-1699 Fax (734 663-6040 ns
610 East Center venue, SuAe 301, Moor svale. NC 28115 Internet: uytt u ty 9 Flllr
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary,
Alan W. Klimek, P.E. Director
NON -DISCHARGE COMPLIANCE INSPECTION
GE.,%,"FRA 1,,VP'0R,1M770i\'
chNnrrov,,momier'. —TYSON.
Ise rmitNo„
Last Amended Date: N/A
SOCK Issuance Date (if applicable): N/A
Perraittee Contact: Dan Crowe
ORC Name.,
OR C Cert,#:
County-. Ire ell
Issuance Date: JunLe 2 J6
— 2 =006
Expiration Date". May -3 1_._20 1 Q
Expiration Date. N/A —
'relephoneNo,-. 704346-2602
Telephone No.: 70.4/ —
BfU ORC, none listed
X ROUTINE --COMPLAINT ____l','OLLOW-UJ` __'____0TlJER
Trve of inspection
—Collection System __Spray Irrigation X _ Sludge ---Other
Inspection SummarE: (additional conintents inar, be included on altacLiet LL,)qgc�.vj
TYSON has not land applied any sludge this year and does not expect to apply any sludge for 2008.
A NOV -was issued by FRO for over application on a field in the FRO region in 007, This over
application was due to contractor error. TYSON is working with the FRO to resolve the issues.
TYSON plans to replace the current 500,000 gal storage tank in the next couple of years. One
possible option is to convert an e'xisting w--Nvtp tank located near the LEA F building (,600,000 gal,
tartk- -sera longer used by the wivtp).
Currently, TYSON is using Terra Renewal Services for sludge land application in SC. TYSON
Mans to keep the NC permit active but, is currently researching ways to phase out land application
all together and is seeking other avenues of reuse/disposal of the byproduct frorn the subject
permitted facility,
Inspector(s) Narne(s)/Title(s)' Ellen Huffman / E-nK,,Spc alist
Telephone No. 704/663-1699 _-Fax No. 704/663-6040
Date of Inspection 5,e T, t 2 5 2 (,l%L8
Residuals Inspection p
°" 0000701 TYSON Flarniony
09/25/2008
Type of Residiral
Lard 'application (class B) — Distribution and Marketing (class A)
Land Application no 0 3
Record Ca ra
Copy of current permit aN-a,ilable at residual generating site
Current metals and nutrient analysis (see permit for frequency)
'rcLP analysis, __SSF (Standard Sail Fertility A-n aly is)
N/A Nutrient and metals loading calculations ons (tea determine anost limiting paraarnete.r) YTD
N/A Hauling records (9 gal and/or tease hauled during calendar year to date
N/A Feld loading records, Y field site swaps and information
r' Records of lime purchased
N,A Pathogen & Vector Attraction Reduction (VAR
N/A Field inspection records
TC P testing i . c n arir d ra ? r� _,..rit cla, ecaal tcstir� irs rustqjsirc4.la)° ectioiLKthe
raMduct is rec aair err 1 , °t'laet°r l a laeerr r°r lanai stet � _tic tip acta� it ° tar''00T
Sludgetreatment see notes above.
r a ns, ort Sludge land application is contracted out.
'I"YSON! has used EMA Resources for NC applications ns but is currently only land applying in South
Carolina using 'I erra renewal Services {'TRS).
Condititanas atrad pia aatlaau�art t rau I a
Tliere Brats been no laurel app, l cation activity_.l r° 2008.
toram ,"Vu b r a� `all�a s°�aa>c. �.`rrra�rttla.� aaf ;storage
Describe storage- 'YSOA,f parrs to replace the current 500,000 gal storage tank in the na rt couple
(,lt° lcars. ,(..)ne possible option is to convert an, existing rail q) tonk ('00,liti0 gaol. - tree longer used by
the wivtp) locaata°cl near the 114) ` builaling.
Sampling
Describe Sampling:
Is sampling aadeclaaat ? yes is sampling representative? Yes
Residuals Inspection Egg
09/251/2008
Field Sites d use for class R l i jft jj! s No leind gj',q)lic ation ctivi�y tit the time of ins metion
—Pernut on site during application Spill Plan, on site
Buffers ad gUat � Curer crop specified in perrnit
Documented exceedances of PAN limits Site condition adequate
_ Signs of runoff t° +i ndin _ (if no, improvements recommended,)
Rain Gauge on site during application
Are there any finuting slopes on fields''
1 ",,,'o for surface application l % for subsurface application
Odors/vectors (at laid ap ication sits) c l(i ii l c-r � lic,ati n a ti iitvv at the tirne q,l'insl7ection
Odors Present
Vectors present
AMrS B: HUNT RM Mr. Dan Crowe
GOVERNOR
Tyson Foods
P.O. Box 158
Harmony, NC 28634
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATuRAL RESOURCES
MOORESVILLE REGIONAL OFFICE
October 19, 2000
ubjJect Non -discharge Inspection
Tyson Harmony Facility
Permit No. W 0000701
Iredell County
Dear Mr.Crowe:
Enclosed is the noon -discharge (land application) inspection report for the
inspection that was conducted on October 2, 2000 by/ figs. Ellen.. Huffman with this
Office..
Generally the land application operation was being conducted satisfactorily and in
accordance with the terms and conditions of the permit. It should be noted that Tyson
has decided to remove the Vaughn Ro ers field from the subjJect perinit due to odor
complaints from a neighbor.
The inspection report should be self-explanatory; however, if you have any
questions, please contact Mrs. Huffman or me at (704) 662- 99.
Sincerely,
a
I e� Gleason, P.E.
,
Water Quality Regional Supervisor
Attachment
cc. Non -Discharge Compliance/Enforcement Unit
f�
vv k k
N
NCRR'Y':M MAIN STREET, M OORESVILLE, NORT14 CAROLCNA 81 15.
FAX P'moNE 704-663-1i699 7d.5�-��-�ia�CS'
AN EQUAL i»MWPK,sRi"vNtTY / AFFIRM�ATIVF ACTION EMPLOYER« SO REGY� LKO/$ 0 p4*G➢S3'- ONS4 MCR PF4PER
tto
ercif
North Carolina
art P!
Depof Environment aM'
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
GENERA L INFORA14 TION
Ciry/Town/Owner: Tvson - Hgjn2jjyTlan_t_
�Pcrrmt No.:
Last Amended Date:
if applicable SOC issuaNe DaW __NZA.
Permittee Contact: Dan
ORE Name -
mmi
County: Iredell. QavieWilkes Yadkin
Alexander, & Rowan Counties
Issuance Date, March l 1998
Expiration Date: Aril 30, 2000
Expiration Date: N/A
Telephone No. 336-838-2171
Telephone No.: 336/492-6395
AegLon or Inspection
—ROUTINE —COMPLAINT X FOLLOW-UP —OTHER
LWe oLins Lection _
—Collection System —Spray Irrigation X Sludge —Other
Inspection Summarv: additional comments mat be included on attachedXygesi
This is the follow-up land application inspection, conducted on 10-2-00, and referenced in the
storage facility inspection report dated October 2, 2000. Tyson has contracted EMA Resources as
their land application contractor. EN4A Resources recently started land application activity (from
Harmony storage only) on land permitted in Alexander County. The residuals are being injected
to a depth of approximately 10 inches into the soil. The site was properly buffered and overall the
application looked very good. The application was completed on 10- 10-00. One odor complaint
was received (10-4-00) from a nearby neighbor. There was a slight odor detected at the time of
inspection and also on 10- 10-00. After careful consideration, Tyson has decided to remove this
field (Vaughn Rogers) from the permit, This permit is currently in-house for renewal (with
amendment). The residual will continue to generate odor complaints unless there are some
treatment changes made in Tyson's residual treatment process.
Is afollow-up inspection necessary _Yes X no
Inspector(s) Name(s)/Title(s) Ellen _Huffman / Env. —Technician V
Telephone No. 704/663-1699 Fax No. 704/663-6040
Date of Inspection October 2,2000
Residuals Inspection Pg 2
Tyson WQ0000701 Iredell County
Tvne of Residual
X Land Application (industrial residuals) — Distribution and Marketing (class A)
Record KeMing No land application activio,, at timepf inspection.
YIN
y_ Copy of current permit available at residual generating site
Y Current metals and nutrient analysis (see permit for frequency)
Y TCLP analysis _SSFA (Standard Soil Fertility Analysis)
Y Nutrient and metals loading calculations to determine most limiting parameter)
Y Hauling records- # gal/tons hauled during calendar year to date
Y Field loading records Y Field site maps and information
n/a Records of lime purchased (only used when residuals are surface applied)
n/a Pathogen & Vector Attraction Reduction
Comments- Field buffers flagged appropriately. Appropriate records available for inspection, as
required.
Pitthoacti & Vector AjLtraditm Reduction rEord� (che& Which methods apply)
INM-see comment b0ow.
Fecal coliform Not required
— SM 9221 E (Class A or B)
(Class A, all test must be <I 000 MPN / dry gram)
(Class B, Geo. mean of 7 samples/monitoring period - <2- 0 * 106 CFU / dry grain)
SM 9222 D (Class B only) 106
(Geo. mean of 7 samples/monitoring period for Class B <2.0* CFU / dry gTam)
Salmonella (Class A, all tests must be < 3MPN / 4 grams dry
Time / Temp records Not required
Digester (MCRT) _ Compost n/a Class A lime stabilization n/a
Volatile Solids Calculations —
Bench -top aerobic/anaerobic digestion results n/a
pH records for lime stabilization ( Class A or B )_gLa
Residuals Inspection pg 3
Tyson WQ0000701 Iredell County,
Treatment (check treatment type(s) used) AIM
Comment: Residuals are considered an industrial waste product. See comment under pathogen
and vector attraction. Treatment not required by current permit, Treatment may be required under
the Federal 40 CFR257 rules.
n/a Aerobic digestion n1a Autothermal Thermophilic Aerobic Digestion (ATAD)
n/a Anaerobic digestion n/a Drying beds (may not meet 503's)
n/a Alkaline Stabilization Lime other- X
Compost (che& treatment type used)
Windrow-ri/a ,, Aerated Static Pile n/a In vessel _1�a Other
'Tartscart
Permit in transport vehicle? Y Spill control plan in transport vehicle? Y
Does transport vehicle appear —to be maintained? Y
�Op �LaWjoance records
Calibration records of land apoication equipment yo
Condition of land Vocation equip ent on 8W ggo rpm -4,
Storage -
Number of months storage -10 days
Describe storage: above around tank with a, 520,000 ggllnn ca aci
(if more than 2 yrs, does facility have Surface Disposal Permit?) _n/a
Storage was inspected on September 19, 2000.
Spill control plan on application site? yes
Lagoon _ Is lagoon lined
Above ground tank X
Aerated Mixed X
Drying beds —
In ground tank n/a
Aerated Mixed
Concrete storage pads
Residuals Inspection leg
Tyson, WQ0000701 lredell County,
Is sampling adequate *X is sampling representative
*The new contractor, EMA, has contracted with Tyson to apply I waste residuals from the
Harmony storage facility, which contains the residuals generated from the Alfa Lavel decanter
process at the Harmony Plant.
Field Sites Y oar
Permit on site during application Y Shill plan on site
Buffers adequate Y Cover crop specified in permit
Y Documented exceedances of PAN limits Y Site condition adequate
__�L Suns of runoff / pondin (f no, improvements recommended
Rain Gauge on site during application
Comments- rain gauge was not in place at the time of inspection. EMA has ordered rain gauges for future
land application events,
Are there any limiting slopes on fields? Y'/N
1 % for surface application 18% for subsurface application
Monitoringwell(s) in permit.- no
If yes, Location of well(s)
Odors/vectors
Odors present yes-see-conunent
Vectors present no
Describe any nuisance conditions and any corrective actions needed.
Comment: Tyson has a long history of odor problems. The material does have a strong
odor. Injection helps minimize the odor greatly and is the only suitable gray to land apply
this material. This permit does not require Tyson to stabilize the material.
State of North Carolina
D"rtntent of Environment
and Natural Resources
Division of Water Qualify
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, Director
Mr. Lawrence R. Sampson, Jr,, Project Manager
Tyson Foods, Inc.
PO Box 88
Wilkesboro, North Carolina 28697
Dear Mr. Sampson:
!CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Subject: Notice of Violation and
Recommendation for koi6r'coment
Perin it Nlo. WQ0000701
Tyson Foods, Inc.
Land application of Wastewater Residuals
Iredell County
This letter is to notify Tyson Foods, Inc. that theMooresville Regional Office of the Division of
Water Quality is considering sending a recommendation for enforcement action to the Director of the Division
of Water Quality for violations of Permit No. WQ0000701.
The Non Discharge Compliance and Enforcement Unit has completed a preliminary review of the
submitted 2000 Annual Report of land application activities for the subject facility. The following violations
were noted:
1. The soil pH of the following fields was not maintained at 6.0 or greater:
Field P—H—
RAI-B 5,7
RAI-N 5.1
RBI-G 52
These are violations of Permit Condition 11. 3 which requires an acceptable pH of 6.0 or greater to be
maintained in the soil of the land application sites.
2. The Plant Available Nitrogen (PAN) loading rates were exceeded for the following crops in the respective
fields:
Mailing Address: Telephone (919) 733-5083 Location:
1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-0 1 -0 1 Raleigh, NC 27699-1617
An Equal Opportunity I Affirmative Action Employer
50 %o recycled / 10% post- consioner paper
http.-IM20. enrstate. ne. us
P ppp� Tyson Foods, Inc.
'o Tys P PPagge 2
Field
Crop PAN JESunds per acre
Permit Limit
RAI-N
Corn (silage) 2603
200
RAI-P
Soybeans 284.9
200
GD-0 I
Fescue 332A
250
WK3-02
Corn (silage) 2915
200
FID-0 I
Fescue 328.6
250
These are violations of Peninit Condition It. 4. which requires application rates not to exceed 200 lb,/ac.
for corn, 200 lb./ava
for soybeans, and 250 lb./ac. for fescue.
1 No annual residual analysis was conducted in 2000 for the Stickwater Plant. This is a violation of Pennit
Condition 111. 4. which requires the Perinittee to conduct an annual residual analysis from the date of
permit issuance and the results to be maintained on file by the Pertnittee for a minimum of five years.
You must submit a plan that describes the actions to be taken to comply with Permit NoWQ0000701.
This plan and any explanation for these violations that you wish to present must be submitted within 30 days
of receipt of this letter. Please reference the state issued Permit Number when providing the requested
information. All information should be signed and submitted in triplicatdo the attention of Brian Wrenn at
the letterhead address. Any information that was missing or requires correction from the 2000 annual report
as noted above should be submitted within 15 days of the receipt of this letter. Your explanation will be
reviewed, and if an enforcement action is still deemed appropriate, your explanation wi I I be included in the
enforcement package forwarded to the Director.
Nothing in this letter should be taken as removing from you the responsibility or liability for failure
to comply with all applicable state laws and regulations, If you have any questions regarding this request,
please do not hesitate to call Brian Wrenn of our central office staff at (919) 733-5083 ext. 529.
Sincerely,
Rex Gleason,
Water Quality Regional Supervisor
cc: Non -Discharge Compliance / Enforcement Unit
Non -Discharge Pennitting Unit
Mooresville Regional Office
Technical Assistance and Certification Unit
Central Files
AfafflngAddrevTelephone (919) 733-50k; Location:
1617 Mail Service Center Fax (919) 733-0059 512 N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01 -01 Raleigh, NC 27699-1617
An Equal Opportunity / 41firmative Action Employer
50% recycled / 10% post�consumer paper
hap:h1h20, enr,,vate. ne. us
IFis NC Nish=s Mire]
BUSINESS SPORTStl HELP CLAS
Oi M,
Published, Thursday, Juiy 12, 2001 9,03 p.m. EDT
Tirson contracts r plant to tum.
chicken litter into energy
.t ��
0 b M N' r
PRINGDAL , Ark, (AP) .._ Tyson Foods Inc. has router frien version
� �
joined with a firm from Australia to build a plant in
—rh
Virginia that will burn chicken litter to create L
friend
steam energy,
In a Thursday announcement, Tyson said the
I
companies will build the 1 million facility next to t , ii
a Tyson poultry processing plant at lists
qgt news weather
Temperanceville. a. � that will convert chicken movrnu ii;
__
lifer and sludge. The steam will beused in
Tyson`s Temperanceville facility,
The companies will draw on the approximately 85,000 tons of chicken litter
produced each year in the Delmarva region.
Renewable Energy of Australia, which has a Charlotte, N.C., office will build the
,
plant:.
\4'Y£
"We have searched long and hard for the right technology and the right partner
with which to loin forces," said Greg tee, Tyson Foods' chief operating officer.
�
This facility will provide yet another attractive alternative, as we continue to
work hard to protect and preserve the Chesapeake Bay region,"
5
The technology to be used in the plant was developed by Renewable Energy
� 3
and is in use in more than 600 similar units worldwide„ the companies said.
The process will reduce sulfur emissions from conventional boilers currently
4 l
being used, and will significantly reduce the current land application of chicken
litter and sludge in the Chesapeake Bay region,
fir tiL�p
The primary byproduct of the system will be an ash that is high in nutrients that
will be sold to fertilizer manufacturers.
�
Once ground is broken, the project will take about 18 months to complete. Air
permits and other environmental clearances are pending from the state of
~
Virginia:
All raw materials will be delivered to the plant in tank trucks or covered trailers to
keep down dust and odor.
Feedback 11 Parental Consent 1l Erivar EoLi 11 ti r ru st
�'
�
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 OFFICE Box 158
14ARMONY,NORTI-I CAROLINA 28634
Dear Mr. Crowe:
Now
bi, is
"MoDENR
NORTH CAROLINA DEPWRTMENT OF
ENVIRONMENT ANO NArURAL RESOURCEES
June 15, 2001
Subject: Permit No. WQ0000701
Tyson Poultry, Inc.
Harmony, NC Rendering Plant
Land Application of Residuals from
the Treatment of Other Wastewater
Iredelt County
In accordance with your application received on November 4, 1999 as well as the additional information
received on November 29, 1999; Novem her 4, 2000; May 29, 200 1; and June 14, 200 1, we are forwarding herewith
Permit No. WQ0000701, dated June 15, 2001, to Tyson Poultry, Inc, for the continued operation of a wastewater
residuals land application program 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 pert -nit 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., frorn approximately 2,270.00 acres to approximately 2,589.56 acres).
This permit shall be effective front 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 permit thoroughly, Of special interest are the following new and amended
provisions:
♦General: The Permittce for this permit has been changed from Tyson Foods, Inc. to Tyson Poultry,
Inc,, as the latter is corporation name that is property 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 frorn 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 2,270.00 acres to approximately 2,589.56 acres.
rr Condition 1. 1.: This new condition requires the Pe Witte 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.
rItr Condition 1, 2.: This new- condition requires notification of local governmental officials immediately
prior to land application of residuals onto a newly-perinitted land application site.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048
An Equal Opportunity Affirmative Action Employer 50% recycledill 0% post -consumer paper
I
+ Condition 1. 3.: This new condition requires that the appropriate regional office is notified immediately
prior to any time 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 I. 14.: This condition has been amended to reflect the fact that the residuals may only be
land applied using a subsurface application method.
+ Condition ll. 4.; This new condition has been added to the permit to help address high salt content in
the residuals,
* Condition 11. 5,: This new condition requires the Perinittee 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 amended with some language pertaining to allowable plant
available nitrogen (PAN) loading rates when land application sites are double -cropped.
* Condition 11. 7.: 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 11. 9.: This condition has been amended to reflect the adoption of new rules by the Water
Pollution Control System Operators Certification Commission (WPCS)CC ). The referenced
regulation is now 15A NCAC 86 .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 Ill. 2..: Additional recordkeeping requirements related to the volume of soil amendments
anti animal waste have been added to this condition.
+ Condition 111. 4.: Because the management of residuals at the Harmony, NC Rendering 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.
0 Condition Ill. 7.-, This condition has been amended to reflect the new mailing address to be used when
submitting all monitoring and reporting information.
0 Condition Ill. 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 IV. L: 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 table
depth,
2
+ Condition I. 1: 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 2,270.00 acres). Note 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 I 00-year floodplain,
+ Condition I. 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 name 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 of 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 adjudicatory hearing within 30 days following receipt of this permit. This request must be in the form of
a written petition, conforming 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
Perin it shall be final and binding.
If you need additional information concerning this matter, please contact Ms. Shannon Mohr Thornburg at
(919) 733-5083, extension 353.
Sincerely,
Kerr T. Stevens
cc, EMA Resources, Inc,
Alexander County Health Department
Davie County Health Department
Moore Count), Health Department
Richmond County Health Department
Surry 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 Compliance/Enforcement Unit
3
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
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 t,avvs, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Tyson Poultry, Inc.
Iredell County
FOR THE
continued operation of a wastewater residuals land application program consisting of the application of up to 5,543
dry tons per year of residuals frorn the source listed in Condition It. 7. onto approximately 2,589.56 acres of
agricultural fields in Alexander, Davie, Moore, Richmond, 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, Novern her 4, 2000, May 29, fill, and June 14, 001, and in con form ity 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, 2006; shall void Permit No.
WQ0000701, issued March 31, 1998; and shall be subject to the following specified conditions and limitations:
1. PERFORMANCE STANDARDS
L Within 180 days of the issuance of this permit, the Permittee shall prepare and submit a permit
modification application package 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 It. 7. Within this same timeframe, the Permittee 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 infon-nation 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 NCDENR-DWQ, Non -Discharge Permitting Unit, 1617 Mail Service Center,
Raleigh, NC 27699-1617„
2, The appropriate local governmental of (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
manager'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) 486-154 1, 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) 771-4600,
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 voidable 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 a non-disebarge
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 Permittee of the responsibility for damages to surface
waters or ground water resulting from the operation of the residuals land application program.
7. 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.
8, 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 buffers shall be reflagged to comply with the buffers listed below.
'fire following buffer zones shall 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 a minirnum 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 ownership for subsurface
residual injection method; however, the buffer zone requirement may be reduced to a minimmu 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;
& 100 feet from any streams classified as WS or B, any other 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;
N
g, 50 feet from public right of ways for both application methods;
It 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 drainage 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 permit 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.
10. Specific residuals application area boundaries shall be clearly marked on each land application site
prior to and during application.
I I , No residuals at any time shall be stored at any land application site, unless written approval has been
requested and obtained from the Division.
12. The maximum slope for land application of residuals shall be 10 percent for surface application
methods and 18 percent for subsurface application methods.
13. When residuals that are generated from wastewater that contains any percentage of domestic 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.
14All 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.
OPERATION AND MAINTENANCLAEQ111REMEM
1. The facilities and land application sites shall he properly maintained and operated at all times.
2. A suitable vegetative cover, 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 Agriculture, the
Natural Resource Conservation Service, or other agronomist and as approved by this Division.
3, An acceptable pH shall be maintained in the soil, residual, and lime mixture, greater than 6.0, on all
land application sites to ensure optimum yield for the crops specified in Condition H. 6. The
agronomist shall provide information on the pH best suited for the specified crop and the soil type.
4Due 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. The application rate of residuals to any land application site shall be such that the following PAN
loading rates shal I not be exceed the following specified crops:
PAN (trounds/acre/vear )
Alfalfa
200
Forest (Hardwood, Softwood)
75
Bermuda Grass (Flay, Pasture)
220
Milo
too
Blue 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
7. No residuals other than the following are hereby approved for land application in accordance with this
perm it:
Permit Volume
Source Counix Number (dry tons/vear)
Tyson Poultry, Inc. Iredell NPI)ES Permit No. NCO005126 5,543-
Harmony, 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 Wilkesboro,
NC Plant (ie., Pretreatment Permit No. 1003-1, issued by the Town of Wilkesboro) of Tyson
Poultry, Inc.; at the Case Farms Facility in Burke County, NC (Non -Discharge Permit No.
WQ000751 1); and the Townsend Foods, Inc. Plant in Chatham County, NC (i.e., NPDES Permit
No. NC0026441). All residuals are mixed and treated at the Tyson Poultry, Inc. Harmony, 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/facilities "as is" once again, the
Penn ittee shall request approval of a formal Penn it 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 (CEC):
Parameter
CC < 5
CC 5 to 15
CC > 15
Lead
500
1,000
2,000
Zinc
250
500
1,000
Copper
125
250
500
Nickel
125
250
500
Cadmium
4.5
9
18
9, Upon classification of the residuals land application program by the Water Pollution Control System
Operators Certification Commission (WPCSOCC), the Permittee shall employ a certified land
app li cationlresi duals operator to be in responsible charge (ORQ of the program. The operator shall
hold a certificate of the type classification assigned to program by the WPCSOCC. The Permittee shall
also employ a certified back-up operator of the appropriate type to comply with the conditions of 15A
NCAC 8G.0202.
10. Adequate procedures shall be provided to prevent surface runoff'from carrying any disposed or Amd
residuals into any surface waters.
11. Surface -applied residuals shall be plowed or disced within 24 hours after application on land
application sites with no cover crop established. An acceptable cover crop shall be established within
30 days of the land application event.
11 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 from conveying
pollutants from the residuals application area onto adjacent 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 greater 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.
IT Residuals shall not be applied at rates greater than agronomic 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 in contact with the residuals shall not be
harvested for 30 days after residuals application.
I
X 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,
2L 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 application of residuals when the residuals
remain on the land surface for four months or longer prior to incorporation into the soil.
22, 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 months prior to
incorporation into the soil.
21 Turf shall not be harvested for one year after residuals land application.
I Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses)
deemed necessary by the Division to ensure protection of the environment shall be established and an
acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee tracking all residuals land application activities.
These records shall include, but shall not necessarily be limited to, the following info rmation-
a. Source of residuals;
K Date of land application;
c. Location of land application (i.e., site, field, 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,);
& Type of crop or crops to be, grown on field;
h. Volume 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
limited 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 Potassium
Cation Exchange Capacity Percent Humic Matter Sodium
6
Copper PH
Base Saturation (by calculation)
RM
4residuals analysis shall be conducted every 60 days from the date of permit issuance by the
Permittee, and the results shall be maintained on file by the Perrnittee for a minimum of five years. If
land application occurs at a frequency less than every 60 days, a residuals analysis shall be required for
each instance of land application. The residuals analysis shall include, but shall not necessarily be
limited to, the fallowing parameters:
Aluminum
Ammonia -Nitrogen
Cadmium
Calcium
Copper
Lead
Magnesium
Nickel
N itrate-N itrite Nitrogen
Percent Total Solids
PH
Phosphorus
Potassium
Sodium
Total Kieldahl Nitrogen
Zinc
Plant Available Nitrogen
(by calculation)
After the residuals have been monitored for two years at the above frequency, the Perminee 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 Charweristiex Leaching Procedure (TCLP) tmalysis� Audi be, conducted by the Petmittee
once or perrmt cyeleThe TCLP atudysis shall include the following parameters (i.e, note the
regulatory level in milligrams per liter in parentheses) -
Arsenic (5,0)
Barium (100.0)
Benzene (0.5)
Cadmium (1.0)
Carbon tetrachloride (0.5)
Chlordane (0.03)
Chlorobenzene (I WO)
Chloroforru (6,0)
Chromium (5.0)
o-Cresol (200.0)
m-Cresol (200.0)
p-Cresol (200.0)
Cresol (200.0)
2,4-D (10,0)
1,4-Dichlorobenzene (7.5)
1,2-Dichloroethane (0.5)
1, I-Dichloroethylene (0,7)
24-Dinitrotoluene (0. 13)
Endrin (0,02)
l4eptachlor (and its hydroxide) (0.008)
Hexachlorobenzene (0.13)
Hexachloro- 1,3-butadiene (0.5)
Hexachloroethane (3.0)
Lead (5.0)
Lindane (0.4)
Mercury (0,2)
Methoxychlor (10.0)
Methyl ethyl ketone (200.0)
Nitrobenzene (2,0)
Pentachlorophenot (I WO)
Pyridine (5.0)
Selenium (1.0)
Silver (5.0)
Tetrachloroethylene (0.7)
Tosaphene (0-5)
Trich loroethy lene (0.5)
2,4,5-Trichlorophenof (400.0)
2,4,6-Trichlorophenol (2.0)
2,4,5-TP (Silvex) (1.0)
Vinyl chloride (0.2)
6. The residuals shall must be monitored every 60 days from the date of permit issuance by the Permittee
for compliance with Condition 1. 13of 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. E,
Condition Ill. 2., Condition [it. 3,, Condition 111. 4., Condition 111. 5., and Condition IlL 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 Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
8, Noncompliance Notification:
'The Permittee shall report by telephone to the appropriate regional office (i.e., the Fayetteville
Regional Office, telephone number (910) 486-1541, for land application sites in Moore County and
Richmond County; the Mooresville Regional Office, telephone number (704) 663-1699, for sites in
Alexander County as well as the facility in fredell 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 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 wastes which are, abrionnal in quantity or characteristic.
b. Any failure of the residuals land application program resulting in a release of residuals to surface
waters,
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,
& 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 letterform, 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 does not recur.
11101 1 ii
I 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 confirmed by
water level readings obtained from groundwater monitoring well(s) near the land application site or
auger boring(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
1 'The COMPLIANCE BOUNDARY for any land application site shall he specified by regulations in
15A NCAC 2L (i.e., "Groundivater 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 under North Carolina General
Statute § 143-215.6A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY shall be established around each land
application site midway between the Compliance Boundary and the perimeter of the site. Any
8
exceedance of groundwater quality standards at the Review Boundary shall require remediation action
on the part of the Permittee.
3, Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided,
V. INSPECTIONS
I. Prior to cacti land application event, the Permittee or his designee shall inspect the residuals storage,
transport, and application facilities to prevent malfunctions and deterioration, operator errors, and
discharges which may cause or lead to the release of wastes to the environment, a threat, to human
health, or a nuisance. The Pemiittee shalt maintain an inspection log or summary including at least the
date and time of inspection, observations made, and any maintenance, repairs, or corrective actions
taken by the Perm ittee. This log of inspections shall be maintained by tire Permittee for a period of five
years, from the date of the inspection and shall be made available to the Division or other permitting
authority, upon request.
2. Any duty authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect anyproperty, premises, or place on or related to the land application site
or facility at any reasonable time for the purpose, of determining compliance with this permit; may
inspect or copy any records that must be kept under the terms and conditions of this permit-, and may
obtain samples of groundwater, surface water, or leachate.
Vt. GENERAL CONDITIONS
I This permit shall become voidable unless the land application activities are carried out in accordance
with the, conditions of this permit, the supporting materials, and in the mariner 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.
I 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 the same person.
Application Area [acres]
Site No. O-Arner/Onerator or Lessee buffers
Atexander County
_Lexcludin
AL3-1
Walter Vaughn Rogers
17.E
AL3-2
Walter Vaughn Rogers
212
AIJ43
Walter Vaughn Rogers
38.8
AL34
Walter Vaughn Rogers
112
ALM
Walter Vaughn Rogers
12,8
Al-3-6
Walter Vaughn Rogers
18.3
AL3-7
Walter Vaughn Rogers
14. 1
AL3-8
Walter Vaughn Rogers
10.1
AL3-9
Walter Vaughn Rogers
4.6
AL3-10
Walter Vaughn Rogers
1&0
AL3-1 I"
Walter Vaughn Rogers
119
AL3-12
Walter Vaughn Rogers
29.4
AL3-13
Walter Vaughn Rogers
M6
9
AL3-14
Walter Vaughn Rogers
AL3-15
Walter Vaughn Rogers
AL3-16
Walter Vaughn Rogers
AI-3-1
,palter" au hn Rogers
TO TALA CRES IN ALL XANDER COUNTY
N
M08-1
M08-2
M08-3
M08-4
M09-4
Mtn 10-1
M010-2
MO 10-3
RMI-I
RM 1-2a"
RM2-1
RM2-2
RM3-1
RM3-2
RM3-3
RM34"'
Rm3-5 a, b
RM4-2
RM4-3
RM44
RM5-1
, ,A, b
RM5-2 �
RM5-3 a, b
RM54
RM7-1
RM7-2
RM7-3
RM7-4
RM7-5'
RM7-6'
RM7-7 "
Owner/Oera tor or Lessee
Davie County
Greg Dooley
Herbert E. Dooley
Herbert E. Dooley
TOTAL ACRES IN DA VIE COUNTY
Moore County
Ralin Matthews
Rahn Matthews
Rahn Matthews
Rahn Matthews
Rahn Matthews
Ralin Matthews
Ralin Matthews
Rahn Matthews
TOTAL A CRES IN MOOR E CO UNTY
Richmond County
Robert "Bobby" T. Williamson
Robert "Bobby" T, Williamson
Robert "Bobby" T. Williamson
Robert "Bobby"" T. Williamson
Robert "Bobby" T. Williamson
Robert "Bobby"'r. Williamson
Robert "Bobby" T. Williamson
Robert "Bobby" T,, Williamson
Robert "Bobby" T. Williamson
Robert ""Bobby"' T. Williamson
Robert "Bobby" T. Williamson
Robert "Bobby" T. Williamson
Robert "Bobby" T. Williamson
Robert "Bobby" T. Williamson
Robert "Bobby" T. Williamson
Robert "Bobby"' T. Williamson
Robert "Bobby" T. Williamson
Robert "Bobby" T, Will iamson
Robert "Bobby" T. Williamson
Robert "Bobby" T. Williamson
Robert ""Bobby"" 'T, Williamson
Robert "Bobby" T, Williamson
Robert `"Bobby" T. Williamson
T07AL ACRES INRICHMOND COUNTY
29,9
8.0
10.8
10.6
Kf"a
66.6
16A
215
110
50.1
75.0
83.0
20.6
347.2
59.7
818
113.E
41.6
IT5
90.3
32,8
65.1
633
41,1
50A
85.7
42.6
3&2
36.6
71.
13,1
23.0
112.3
41.9
78,9
753
31.4
to
0
Sorry County
Sul_ I a Monroe Johnson and Walter Johnson
SU 1-2 Monroe Johnson and Walter Johnson
SUI-4 Monroe Johnson and Walter Johnson
SUI-5 Monroe Johnson and Walter Johnson
I
Application Area tacres]
Site No.
Owner/Ontraptor or Lessee
_.Lexcludinghuffersl
Sorry County (continued)
SUI-6
Monroe Johnson and Walter Johnson
7,5
SU 1-
Monroe Johnson and Walter Johnson
14.3
Su 1-8
Monroe Johnson and Walter Johnson
7.6
Sul-9
Monroe Johnson and Walter Johnson
32.6
Sul-10
Monroe Johnson and Walter Johnson
11.7
Sul- ] I
Monroe Johnson and Walter Johnson
21,2
SUI-12
Monroe Johnson and Walter Johnson
8.1
SUI-13
Monroe Johnson and Walter Johnson
11
SUI-14
Monroe Johnson and Walter Johnson
79
SU 1-1
Monroe Johnson and Walter Johnson
8.9
SUI-16
Monroe Johnson and Walter Johnson
123
SUI-17 a, b
Monroe Johnson and Walter Johnson
473
SU I - I 8a "
Monroe Johnson and Walter Johnson
10A
SUI-18ba
Monroe Johnson and Walter Johnson
12.7
SUI-194
Monroe Johnson and Walter Johnson
12.1
TOTAL ACRES IN Sig COUNTY
355.5
WKI_lb Diana Pardue Mathis / Talmadge Mathis 34.36
WK3-2� Donald and Mae Duncan / Donald Duncan 51.7
WK4- l' Donald Duncan 38.8
WIC 5-1 b Dwayne Myers 28.9
TOTAL ACRES IN WILKES COUNTY 153.76
TOTAL AVAILABLE ACRES 2,589.56
The land application sites are dominated by soils having ;a mean seasonal high water table less than
three feet below the land surface. Therefore, 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 I. 1.
b These land application sites are, subject to flooding or located within the Ili }-year flood plain and
shall, therefore, be subjJect to the requirements in Condition II._ 12,
This land application site has slopes up to 18 percent. Therefore, care shall be taken to ensure that
no runoff of injected residuals occurs.
I. 4
5. 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,
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 permit as specified by 15 NCAC 211 .0205 (c)(4).
7, The issuance of this permit shall not preclude the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state,
and federal) which have jurisdiction including, but not limited to, applicable river buffer rules in 15A
NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and
under the Division's General Permit NCGO 100000, and any requirements pertaining to wetlands under
15a NCAC 2B.0200 and 15A NCAC ill .0500-
8. '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
permit is renewed.
Permit issued this the fifteenth day of June, 2001
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
M
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
hL
ML
Michael F. Easley, Governor
William G. Ross, Jr., Secretary %WM MENU
1'q No a -14 R
Kerr T. Stevens, Director NORTH CAROUNA DEPARTmF-NT OF
ENVIRONMENT ANo NATuRAL REsouRcEs
dane "00"!
POST OFFICEBox 158
HARMONY, NORTH CAROLINA 28634
Subject: Permit No. WQ0000701
(Barmony, NC Rendering Plan
Land Application of Residuals from
the Treatment of Other Wastewater
Iredell County
Dear Mr,
In accordance with your application received on November 4, 1999 as well as the additional infortnation
received on November 29, 1999, November4, 2000, and 1hi _'XX 001, we are forwarding herewith Permit No.
WQ00(10701, dated l r 8,, 210Q1111, to vson, Ine, for the continued operation of a wastewater residuals land
application program 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 in in the acreage
approved to receive residuals (i.e., from approximately 2,270.00 acres to approximately 2I - 11-11-111 ,59,S'-,-1 9 acres).
P
This permit shall be effective from the date of issuance until May 31, 2001; 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 pertnit thoroughly. Of special interest are the following new and amended
provisions:
# General: The permit description has been modified to reflect the fact that the volume of residuals
approved for land application has been increased from tip 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 2,270.00 acres to approximately 259X, 9(1> acres.
# Condition 1. 1,: 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 prograrn in a more effective and efficient manner.
Condition 1. 1: This new condition requires notification of local governmental officials immediately
prior to land application of residuals onto a newly -permitted land application site.
Condition 1, 3.: This new condition requires that the appropriate regional office, is notified immediately
prior to any time that a land application event is initiated in a region.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 Fax (919) 71 "048
An Equal Opportunity. Affirmative Action Employer 50% recycletill 0% post -consumer paper
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.
Qondition 1, 13.: This conditidia","has been amended to require that all residuals meet the federal
pa I % duction requirements.
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 pennit to help address high salt content in
the residuals,
+ Condition 11. 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 amended 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 B. 9.: This condition has been amended to reflect the adoption of new rules by the Water
Pollution Control System Operators Certification Commission (WKSOCC). The referenced
regulation is now 15A NCAC 8G .0201
+ Condition 11. 1 L: 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'll. 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 volume of soil amendments
and animal waste, have been added to this condition.
# 'Condition 111, 4.: Because the management of residuals at the Harmony, NC Rendering 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 fi. every 60
days when land application is occurring.
+ Condition Ill. 5.: Note that is current Division policy to require that a, TCLP be perfrinned on the
residuals at least once per permit cycle.
Condition 111, 6This condition requires that monitoring to ensure compliance with the federal
-pathogen reduction requirements be, conducted every 60 days when land application is occu rrii ng.
Condition 111. 7.: This condition has been amended to reflect the new mailing address to be used when,
submitting all monitoring and reporting information.
+ Condition 1,11. &: 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 IV. 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 table
depth,
2
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 hand application of residuals is now approximately ' 5_9 ,�?,6 ages (i.e.,
increased from approximately 2,270.00 acres). Note that footnotes have been added to this condition to
assist the permittee in identifying those situ that are seasonally restricted as well as those that are
located in the 1 Citi-year floodplain;
Condition VI. 4x 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 pen -nit to a new owner or to
reissue this permit such that it reflects a: name change of the Perrnittee
Condition VI, .: Language has been added to this condition to provide examples of some other rubs
and regulations that may affect non -discharge systems like this one.
Please pay particular attention to the monitoring d 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 problenns:
If any parts, requirements, or limitations contained in this pen -nit are unacceptable, you have the right to
request an a judicatory hearing within 30 days following receipt of this permit. This request must be in the form of
a written petition, conforming 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 bindinng,
If you need additional information concerning this matter, please contact Ms. Shannon Mohr Thornburg at
t 1q 33-5083, extension 353.
Sincerely;
Kerr T. Stevens
cc: EMA, resources, Inc.
Alexander County Health Department
artment
Davie County health Department'
Moore County Health Department
Richmond County Health Department
So rry County Health Department
Wilkes County Health Department.
Fayetteville regional Office, Water Quality Section
Fayetteville Regional Office, .groundwater Section
Mooresville regional Office, Water (duality 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 Compliance/Enforcement Unit
3
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RE SOURCES
RALEIGH
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 IJEREBY GRANTED TO
hm's-01-11-1--00—d-s-1 —Inc.
Iredell County
FORTHE
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 2,598, 96 acres of
agricultural fields in Alexander, Davie, Moore, Richmond, S'lov, : 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 infortnation
received on November 29, 1999, November 4, 2000, and .Alun, X1X,, 2001, and in conformity with the project plan,
specifications, and other supporting data subsequently 'filed and approved by the Department of Environment and
Natural Resources and considered a part of this permit,
This pen -nit 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 following specified conditions and limitations:
1. PERFORMANCE STANDARDS
I Within 180 days of the issuance of this permit, the Permittee shall prepare and submit a permit
modification application package 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 timefrarne, the Permittee shall develop a course of
action with respect to improving the residuals treatment (i.e., stabilization) and storage facilities
currently available at the, ' 0�qA(,(', , 1i?,, Harmony, N'C 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 NCDENR-DWQ, Non -Discharge Permitting Unit, 1617 Mail Service Center,
Raleigh, NC 27699-16I7.
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
manager's of 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.
3. The Fayetteville Regional Office, telephone number (910) 486-1541, shall be notified at least 24 hours
prior to initiating a 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 initiating an 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) 771-4600, shall be notified at least 24 hours prior to initiating an event on any site in Davie
County, Sorry Cowny. 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 voidable 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 a 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 Pennittee of the responsibility for damages to surface
waters or ground water resulting from the operation of the residuals land application program.
7In the event that the residuals land application program is not operated satisfactorily, including the
creation of nuisance conditions, the Pennittee shall cease applying residuals to the land application site,
contact the appropriate regional office, and the any immediate corrective actions as may be required
by the Division.
8, 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 buffers shall be reflagged to comply with the buffers listed below.
The following buffer zones shall 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 a 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 ownership 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;
tl. 100 feet from any streams classified as WS or B, any other 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;
2
S. 50 feet from public right of ways for both application methods;
h. 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 drainage systems
and surface drainage ditches for both application methods; and
j. 100 feet from rock outcrops for both application methods,
9A copy of this permit shall be maintained at any land application site when residuals are being applied
during the life of this pert -nit. 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.
11, No residuals at any time shall be stored at any land application site, unless written approval has"been
requested and obtained from the Division,
12. 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 wastewater residuals 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 perfon-ned 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,
'50ill MMMMIMMMI
II OPERATION AND MAINTENANCE RE, QUIREMENTS
1. The facilities and land application sites shall be properly maintained and operated at all times,
2. A suitable vegetative cover, 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 Agriculture, the
Natural Resource Conservation Service, or other agronomist and as approved by this Division.
3 An acceptable pH shall be maintained in the soil, residual, and lime 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 provide information on the pH best suited for the specified crop and the soil type.
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
5e Prior to applying residuals to any land application site that has previously received or is intended to
receive animal waste (eg., poultry litter, hog lagoon effluent, etc.) in the future, the Permittee shall
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 volume 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 maximum PAN loading rate be exceeded, then no additional residuals shall be applied to
the site,
6The application rate of residuals to any land application site, shall be such that the following PAN
loading rates shall not be exceed the following specific-d crops:
Cron PAN (noundslacre/vear ) Cron 'PAN, (goundL/acE / earl
Alfalfa 200 Forest (Hardwood, Softwood) 75
Bermuda Grass (Hay, Pasture) 220 Milo 100
Blue 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.
7. No residuals other than the llollowing are hereby approved for land application in accordance with this
permit:
Permit Volume
Source county, Number (d UjMstyga r I
1,1'son fredell NPDES Permit No. NCO005126 5,543-
Harmony, NC Rendering Plant
The 5,543-dry tons per year of residuals to be land applied Linder the conditions of this permit are
generated from the treatment of wastewater at the Barmony, NC Rendering Plant and Wilkesboro,
NC Plant (i.e., Pretreatment Permit No. 1003-1, issued by the Town of Wilkesboro) of 1�,soq
at the Case Farms Facility in Burke County, NC (Non -Discharge Permit No.
WQ000751 1); and the Townsend Foods, Inc, Plant in Chatham County, NC (i.e., NPDES Permit
No, NCO026441). All residuals are mixed and treated at the Ivvyi /,ynls, hic, Harmony, 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 '/'rkon t Harmony, NC Rendering Plant, Should it be desired toland
apply the residuals generated by the individual plants/facilities "as is" once again, the Permittee
shall request approval of a formal permit modification from the Division,
4
8The 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 (CEC)-.
Parameter CEC < 5 CEC 5 to 15 CEC > 15
Lead 500 1000 2000
Zinc 250 500 1000
Copper 125 250 500
Nickel 125 250 500
Cadmium 4.5 9 18
9Upon classification of the residuals land application program by the Water Pollution Control System
Operators Certification Commission (WPCSOCC), the Permittec 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 WPCSOCC. The Permittee shall
also employ a certified back-up operator of the appropriate type to comply with the conditions of 15A
NCAC 8G M02.
M Adequate procedures shall be provided to prevent surface runoff from 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. Ail acceptable cover crap 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.
11 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 runotT from conveying
pollutants from the residuals application area onto adjacent 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 greater 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 agronomic 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 comein contact with the residuals shall not be
harvested for 30 days after residuals application.
X 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.
2L Food crops with harvested parts below tire surface of the land (i.e,, root crops such as potatoes carrots,
radishes, etc.) shall not he harvested for 20 monthsafter application of residuals when the residuals
remain on the land surface for four months or longer prior to incorporation into the soil.
22, 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 months prior to
incorporation into the soil.
23. Turf shall not be harvested for one year after residuals land application.
Ill. MONITORING AND REPORTING REQULREMENTS
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 t shall be established and an
acceptable sampling and reporting schedule shall be followed.
, Proper records shall be maintained by the Permittee tracing all residuals land application activities,
These records shall include, but shall not necessarily be limited to, the following information:
a. Source ofresiduals
K bate of land application
c. Location of land application ii.e., site, field, 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.);
& Type of crop or crops to be gown on field
h, Volume of soil amendments (i.e., time, 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),
manual and cumulative pounds per acre of each heavy metal (i.e., shall include, but shall not be
limited 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 sails analysis (i,i,e., Standard Soil fertility analysis) shall be conducted on each
land application site receiving residuals in the respective calendar year, and tlae results shall be
maintained can 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 Potassium
Cation Exchange Capacity Percent Humic Matter Sodium
Copper pf f Zink
Base Saturation (by calculation
0
4. A residuals analysis shall be conducted every 60 days from the date of permit issuance by the
PeruFitt ee, and the results shall be maintained on file by the Pertnittee for a minimum of five years, if
land application occurs at a frequency less than every 60 days, a 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:
Aluminum Magnesium Potassium
Ainmonia-Nitrogen Nickel Sodium
Cadmium Nitrate -Nitrite Nitrogen Total Kjeldahl Nitrogen
Calcium Percent Total Solids Zinc
Copper pH Plant Available Nitrogen
Lead Phosphorus (by calculation)
After the residuals have been monitored for two years at the above frequency, the Permittee 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 Permittee
once per permit cycle. The TCLP analysis shall include the following parameters (i.e., note, the
regulatory level in milligrams per liter in parentheses):
Arsenic (5.0) Barium (100.0) Benzene (0.5)
Cadmium (1.0) Carbon tetrachloride (0.5) Chlordane (0.03)
Chlorobenzene (100.0) Chloroform (6.0) Chromium (5.0)
o-Cresol (200.0) m-Cresol (200.0) p-Cresol (200.0)
Cresol (200,0) 2,4-D (10,0 1,4-1 ielilorobenzene (7.5)
1,2-Dichloroethane (0.5) 1, 1 -Dichloroethylene (0.7) 2,4-Dinitrotoluene (0,13
Endrin (0.02) Heptachlor (and its hydroxide) (0.008)
Hexachtorobenzene (0 13) Hexachloro- 1,3-butadiene (0. 5) Rexachloroethane (3 .0)
Lead (5.0) Lindane (0.4) Mercury (0.2)
Methoxychlor (I Om0) Methyl ethyl ketone (200.0) Nitrobenzene (2.0)
Pentachlorophenol (100 , 0) Pyridine (5.0) Selenium (1.0
Silver (5.0) Tetrachloroethylene (0.7) Toxaphere (0.5)
Trichloroethylene (0,5) 2,4,5-Trictiloropbenot (400,0) 2,4,6-Trichlorophenol (2.0)
2,4,5-TP (Silvex) (1.0) Vinyl chloride (0,2)
6; The residuals shall must be monitored every 60 days from the date of permit issuance by the Permittee
for compliance with Condition 1. 13, of this permit. 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 (PIP ) as defined in 40
CFR Part 257 Appendix 11.
7. Three copies of all required monitoring and reporting requirements as specified in Condition Ill. 1,
Condition 111. 2., Condition 111. 3,, Condition 111. 4., Condition Ill. 5., and Condition Ill. 6. shall be
submitted annually on or before Match 1st of the year following the land application event to the
following address:
NCDENR-DWQ
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7
& _ Noncompliance Notification:
The Permittee shall report by telephone to the appropriate regional office (i.e., the Fayetteville
Regional Office, telephone number (91 ) 4 6-15 1,for land applications sites ill Moore County and
Richmond County, the Mooresville Regional Office, telephone number 70) 663- 6 9, for sites in
AlexanderCounty as well as the facility in lredell County; and the Winston-Salem alem egional Office,
telephone number (336) 771-4600, for sites in Davie County, °rr aw, ,t r) P 7lt, and Wilkes County) a
soots as possible, but in no case more than 24 hours or on the next working days 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 wastes which are abnornial in quantity or characteristic,
b. Any failure of the residuals land application program resulting in a release of residuals to surface
waters.
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.
d. Any process unit failure, due to known or unknown reasons, that reader the facility incapable of
adequate residual treatment,
e. Any spillage or discharge from a vehicle or griping system transporting residuals to the land
application site:
Persons reporting such occurrences by telephone shall also file a written report in letterform 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 does not recur.
GROUNDWATER REQEIREMENTS
I __ 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 conf firmed by
water level readings obtained from groundwater monitoring well(s) near the land application site or
auger borings). Any boring(s) made for the purpose of verifying the water table elevation shall b
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 capers 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
1 Tie COMPLIANCE BOUNDARY for any land application site shall be specified by regulations in
15A;NCAC 21, (ie., "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 e ceedance of
groundwater duality standards at or beyond the Compliance Boundary is subject to immediate
remediation action in addition to the penalty provisions applicable under North Carolina General
Statute 1-215,6A(a)(I )a
to accordance with I SA NCAC 2L, a REVIEW BOLJNDARY shall be established around each land
application site midway between the Compliance Boundary and the perimeter of :the site. Any
e cecdance of groundwater quality standards at the review Boundary shall require rer ediation action
on the part of the permittee;
3 Any groundwater qualiq, monitoring, as deemed necessary by the Division, shall be provided,
8
V. INSPECTIONS
1, Prior to each land application event, the Permittee or his designee shall inspect the residuals storage,
transport, and application facilities to prevent malfunctions and deterioration operator errors, and
discharges which may cause or lead to the release of wastes to the environment, a threat to human
health, or a nuisance. The Pertnittee shall maintain an inspection log or summary including, at least the
date and time of inspection, observations tuade, and any maintenance, repairs, or corrective actions
taken by the Perrnittee. This log of inspections shall be maintained by the Permittee for a period of five
years from the date of the inspection and shall be made available to the Division or other permitting
authority, upon request
I 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 site
or facility at any reasonable time for the purpose of determining compliance with this permit; may
inspect or copy any records that must be keptunder the terms and conditions of this permit; and may
obtain samples of groundwater, surface water, or leacaate,
VI. GENERAL CONDITION
l: This permit shall become voidable unless the land application activities are carried out in accordance
with the conditions of this permit, the supporting materials, and in the mariner approved by the
Division.
2. This permit shall be effective only with respect to the nature and volume of residuals described in the
application and other supporting; data.
3 The following land application sites shall be approved to receive residuals(i.e,, see attached location
and buffer maps). Mote that if tartly one name is provided in the owner/operator or lessee field of the
table provided below, the fawner and operator for the specified site are the sam, e person,
Application area [acres]
Site No. Owner/Operator or Lessee a #clt�dirr lhrrfler
Alexander County
AL3 l _ Walter'` Vaughn Rogers 17.4
AL3-2 Walter Vaughn Rogers 3.
AL3-3 Walter Vaughn Rogers 38.8
AL3-4 Walter Vaughn n Rogers 13.E
AL3-5 Walter Vaughn Rogers 1.8
AL3 -fa Walter Vaughn Rogers 183
AL3-7 Walter Vaughn Rogers 14.1
AL3-8 'falter Vaughn Rogers 10.1
AL3-9 Walter Vaughn Rogers 4.
A L3- I tl Walter Vaughn Rogers l &0
AL3=1 lr Walter'Vaughn Rogers 11
AL3-12 Walter' Vaughn Rogers
AL3- l3 Walter Vaughn Rogers Mh
AL3-14 Walter Vaughn Rogers 29,9
AL3-15 Walter'V`au,hn Rogers 8.0
AL3-16 Walter Vaughn Rogers 10.
AL3-18 Walter Vaughn hn Rogers X
9
Dane u
Gall- I
Greg Dooley
25.E
Application Area aerees]
Site No.
wner/O erator or Lessee
jexcludingbuffeW
Davie County (confinued)
HD -I
Herbert B, Dooley
38.E
HD-2
Herbert E. Dooley
18.7
Moore County
M08-1
Ralin Matthews '
,
M08-2
Ralin Matthews
16.4
M0 -3
Ralin Matthews
22.5
M08-4
Ralin Matthews
13.0
09-4
Ralin Matthews
50.1
'IC 10-1
Ralin Matthews
75®t
MO 10-2
Rai in Mattbews
83,0
l'wl( 1 t1-3
Ralin Matthews
20.E
Richmond County
l' 1-1
Robert "Bobby" T. Williamson
59.7
R 1-2 a, b
Robert "Bobby" T. Williamson
82.E
RN12-1
Robert "Bobby" T. Williamson
18.4
RM -2
Robert "Bobby" `, Williamson
41.
RM3-1
Robert "Bobby" T. Williamson
17.5
RM3-2
Robert "Bobby" T, Williamson
90.3,
R ^I3-3
Robert "Bobby" T. 'Williamson
32.E
RM34
Robert "Bobby" T. Williamson,
65.1
RM3-5 r"
Robert "Bobby" T. Williamson
63.3
RM4-2
Robert "Bobby" T. Williamson
41,1
RM4-3
Robert "Bobby" T. Williamson
50.4
RM4-4
Robert "Bobby" T. Williamson
853
RM5-1
Robert "Bobby" T. Williamson
1
RM5-2
Robert "Bobby" T. Williamson
3131
5-3 .r"
Robert "Bobby" T. Williamson
3 .
RM5-4
Robert "Bobby" T, Williamson
71.E
R 17-1
Robert "Bobby" T. Williamson
138,1
RM7-2
Robert "Bobby" T. Williamson
23.0
RM7-3
Robert "Bobby" T. Williamson
112.3
R 7-4
Robert "Bobby"' T. Williamson _
T 1.9
R '17-5b
Robert "Bobby" T, Williamson
78.9
R 17- '
Robert "Bobby" T. Williamson
75.3
R 17-7 b
Robert "Bobby" T. Williamson
31.4
TOTAL ACRES I + RICHMOND COUNTY 714 TY
1,338.9
I�dmrjl 0111 1
10
rl
.Application At
Site No. ner/O errator or Lessee a cl dln
err rz/ ° r,°r1/r! L,111e
Wilkes County
1 'l l-1r" Diana Pardue Mathis Talmadge Mathis 34.36
^' 3- " Donald and Mae Duncan / Donald Duncan 51.7
1 4-V Donald Duncan T ,
The land application sites are dominated by soils having a read seasonal high water table less than
three feet below the land surface. Therefore, 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 (ire-" 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 IV. 1<
e These land application sites are located. within the 1 t1 -y=ear flood plain and shall, therefore, be
subject to the requirements in Condition If. 11
This land application site has shapes 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 formal permit
request shall be submitted to the Division accompanied by documentation from the parties involved
and other supporting materials as may be appropriate The approval of this request shall be considered
on its merits and may or may, not be approved:
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 GeneralStatutes §143-
215.6A through 14 - 1 .6C.
11
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 permit as specified by 15 NCAC 2H ,0205 (c)(4),
T The issuance of this permit shall not preclude the Pertnittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state,
and federal) which have jurisdiction including, but not limited to, applicable river buffer rules in 15A
NCAC 2B .0200, it erosion and sedimentation control requirements in 15A NCAC Chapter 4 and
tinder the Division's General Permit NCG0100000, and any requirement's pertaining to wetlands under
I NCAC 2B .0200 and 15A NCAC 2H .0500-
8. 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 described therein,
and if warranted, shall extend the permit for such period of time and under such conditions and
I imitations, as it may deern 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 Pert-nittee and the landowners
and operators/lessees are in full force and effect. The landowner agreements shall be considered
expired concurrent with the cXpiration date of the permit and shall be renewed at the same time the
permit is renewed.
Permit issued this the (,,x""
-f�l 1114-n-L�J
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0000701
12
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M TRS ; Tyson Poultry
AM
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Michael F. Easiey, Governor Cyr 77—,
11C '4`411"arn a hdesi sir:, 'Secretary
North Carolina Department of Eti**briwierit and Natural Res� rces
Alan W. Klimek,'P,E., err a
Division Of Water Quality
July 3, 2003 JUL I 5,2W3
ly, MR, DANIEL CROWE, PLAN'r MANAGER
TysON POULTRY, INC.
POSTOrFICE Box 158
HAR!',40NY, NORTH CAROLINA 28634
Subject.- Permit No, WQ0000701
Tyson Poultry, Inc.
Han-tiony, NC Rendering Plant Residuals
Land Application Program
Land Application of Residual Solids (503 Exempt)
Iredell County
Dear Mr, Crowe-,
In response to your permit modification application packages received on July 30, 2002 and
January 2, 2003, we are forwarding herewith a reissued Pen -nit No, WQ000070 1, dated June 15, 2001, to
Tyson Poultry, Inc, for the subject residuals land application program.
This permit shall be effective from the date of issuarice. until May 31, 2006; shall void the first
June 15, 2001 issuance of Permit No. WQ(300070l; and shall be subject to the conditions and firninations
as specified therein. Make note of this permit's expiration date and the fact that a permit renewal
application is due to the Division of Water Quality (Division) no later than six months prior to that date
(i.e., see Condition V1. 7.), as the Division does not send reminders to apply for permit renewal.
Please note, that this permit 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
permit modifications is being provided by this issuance of the permit. A separate approval or denial
of these modifications will be fortheorning to you from the Water Quality Section of the Division's
Mooresville Regional Office. Be advised that operation of disposal facilities without a valid permit is as
violation of North Carolina General Statute §143-215,1 and may subject the owner/operator of the
facilities to enforcement action in accordance with North Carolina General Statute §143-215.6, 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 §143-215.1.
As always, reitierriber to take the time to review this permit thoroughly, as some of the
conditions contained therein inay have been added, changed, or deleted since the last issuance. Pay
particular attention to the monitoring requirements in this perritiL. Failure to establish an adequate system
for collecting and maintaining
If any parts, requirement,,,, and/or firratatiOnS contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
pen -nit This request shall be in the from of a written petition, conforranig to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, North Carolina. 27699-6714, Unless such demands are made, this permit shall be final
and binding.
K'ZID E Wit R,
Non -Discharge Permitting Unit Internet hl1p://h2o.enr,stale,nc us/ndpu
1617 Mail Service Center, Raleigh, NC 27699.1617 Telephone (919) 733-5083 Fax (919) 715-6048
DENR Customer Service Center Telephone 1 800 6223-7748
An Equal Opportunity Action Employer 50% recycled/1 0% post-consurrieT paper
If you need any additional information concerning t[ris matter, please: contact Mr. J.R. J shi by
telephone at (9I9) 733- f183, extension 363, or vria e-rarail at jayajoshiC ncmail,nct.
/Siincrlyor lan , Klimek, P. E.
M Mr. Alan Brown, ENIA Resources, Inc
Alexander County Health Department
Davie County Health Department
Moore County Health Department
Richmond County Health Department
Surry 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 (duality Section
Winston-Salem Regional Office -Groundwater ,Section
Central Office Groundwater Section
Technical Assistance and Certification Unit
Water Quality Central Piles
DPU Piles .
NDPU Residuals Program Coordinator
2
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATUWNL RESOURCES
RALEIGH
LAND APPLICATION OF RESIDUAL SOLIDS (503 EXEMPT) PER
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
FOR THE
continued operation of a residuals land applicarion program fear `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 B with no discharge of wastes to surface waters, pursuant to the permit application package
received, on November 4, 1999 as well as the, additional information received can November eft, 1999;
November 4, 2000; May 29, 2001, and June 4, 2001; and in conformity with the project plan,
specifications, and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit,
This pernih: shall be effective from the date of issuance until May 31, 2006; shall void Tern -tit No.
WQ0000701, issued on June 15, 2001; and shall be subject to the following specified conditions and
limitations:
PERFORMANCE STANDARDS
L Within 180 days of the issuance of this permit, the Pernattee shall prepare and submit a
pen -nit modification application package to the Division of Water Quality (Division) for
review, This application package shall request approval of additional land applications sites
to receive residuals Linder the conditions of this permit. The additional sites shall he 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 Perinittee 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 inforniation related to detenruning a treatment process that will produce a more stable
residuals product, developing sufficient storage that adequately meets tile 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 NCDENR-DWQ, Non -Discharge Permitting Unit, 1617
Mail Service Center, Raleigh, NC 27699-1617,
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
prograrn.
3, This permit shall become voidable if the, soils of the land application sites fail to assurrilate
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 tile surface
waters and groundwater.
4The issuance of this permit shall not relieve the Peritnittee of the responsibility for darnages to
surface waters or groundwater resulting frorn tire operation of this residuals land application
prograrn.
5In the event that the residuals land application program is not operated satisfactorily,
including the creation of nuisance conditions, the Perinittee, shall cease land applying
residuals to the site, contact the Water Quality Section of the appropriate Division of Water
Quality's (Division) regional office, and take any immediate corrective actions as may be
required by the Division.
6No residuals other than those generated, by the residuals source -generating, facilities listed III
the most recen it y -certified Attachment A of this permit shall be approved for land application
in accordance with this pernin,
T When residuals are land applied under the conditions of this permit, the Class B pathogen
requirements as defined in 40 C.FR Part 503 or the Process to Significantly Reduce Pathogens
(PSRP) as defined in 40 ClR Part 257 Appendix 11 shall be met. Additionally, an evaluation
shall be performed that demonstrates the residuals' ability to comply with this requirement,
tJpon request, a copy of this evaluation, including all test results and calculations. shall be
SUIsnutted, Only residuals that are generated by the residuals source -generating facilities that
al ZrI
are identified as being exempt from this condition in the most recently -certified Attachment
Z-1
A shall not be required to cornply with the specified pathogen reducric,gin requirement -
IQ
& Only the land application sites listed in the most recently -certified Attachment B of this
permit are approved for residuals land application.
9This pen -nit shall become voidable unless the agreements between the Pern-rittee 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 Pertnittee 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.
M 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 iturnager'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.
IL 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 triade during normal
office hours (i,e.., from 8:00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding
State Holidays. A list of the Division's regional off -tees, their county coverage, and their
contact information may be downloaded from the web site at httl)://b2o.enr.state.nc,us/ndpu/,
IIa OPERATION AND NIAINTENANLE REQUIREMEN-B
I The facilities and land application sites shall be properly maintained and operated at all
tirnes.
2, Upon classification of the, residuals land application program by the Water Pollution Control
System Operators Certification Commission (WPCSOCC), the Perrnittee shall designate a
certified land applicationlresiduals 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 Perrino ee shall also designate a certified back -lip operator
of the appropriate type to comply with the conditions of 15A NCAC 8G.0202.
3. No residuals shall be stored at any land application site at any time, unless written approval
has first been requested and obtained front 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 under separate ownership for
surface application methods-, however, the buffer zone requirement may be reduced to a
nuninium 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
pennit;
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 nriniftILIM 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 SIB,,
and any Class I or Class 11 impounded reservoir used as a source of drinking water for
both methods;
d. IM feet from any streams classified as WS or B, any other 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-,
g. 50 feet from public right of ways for both surface and subsurface application methods;
h10 feet from upslope interceptor drains and surface water diversions for both surface and
subsurface application methods;
i, 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. 1,00 feet from rock outcrops for both application methods.
Sorne of the buffers specified above'may not have been included in previous permits for this
residuals land application pro rare. 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,
6rfaximum slope for land application of residuals shall be 10 percent for surface application
methods and 18 percent for subsurface application methods.
7, Specific <residuals land application area boundaries shall be clearly marked on each land
application site prior to and during a residuals land application event.
8, The lifetime loading rates (LLRs) of heavv metal loadings, rates on any land application site
shall not exceed the following for the corresponding soil cation exchange capacities (CE(: ):
a
An acceptable pH shall be maintained in the soil, residuals, and time nuXtUre, greater than
6.0, on all land application sites onto which residuals are land applied to ensure optituarn
yield for the crops specified in Condition 11. 13. Pre agronornist shall provide inforniation
on the pFI best suited for the specified crop and the soil type.
M
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 hula salt content (i,e.., high
stadium adsorption ratite (`BAR) of five or higher), the exchangeable sodium percentage (ESP)
or either 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 North Caarohna-licensed. Soil Scientist, or other
agronomist shall review the results and make reconn aendaations regarding soil <aanendinetits
(e.g,, gypsum, etc..) or other ameliorative mechanism for maintaining the integrity of the site
in terms of suitability for land application of residuals and maintaining conditions conducive,
to crop 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 sail amendment application.
11. prior to land applying residuals to any,. land application site that has previously received or i
intended to receive animal waste (e.g., poultry litter, etc.) or other source of nutrients (e.g.,
fertilizer, etc.) in the futures the 'ennittee shall obtain information pertaining to the volume
and analysis of theapplied waste/nutrients from the landowner argil/or lessee/operator of the
site. The Pertnittee shell 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 crap (i.e.., see Condition 11, 13.) shall not be exceeded by all of the sources of lea
applied, Should the maximum PAN loading, rate be met or exceeded, these no additional
residuals shall be laird applied to the site.
12. A suitable vegetative cover. as listed in Condition 11. 13., shall be maintained can lanai
application sites Canto which residuals are land applied in accordance with the crop
nranagernent 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.
11
11 Residuals and other sources of PAN shall be land applied to all land application sites at
aaronomic rates in accordance with the crop management plan outlined by the local
Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer
Services. the Natural Resource Conservation Service, or other a,-rononiist. Under no
circumstances shall the following PAN loading rates land applied to any site exceed the
following for the specified crops:
PAN PANN
Crop (pounds per Crop (pounds per
acre, er year) ac r� pe r ww H
Forest
Alfalfa 2oo (Hardwood or Softwood) 75
Bermuda Grass 220 Mito too
(1-lay or pasture)
B I tic Grass 120 Small Grain 100
(Wheat, Barley,, or Oats)
Corn 160 Sorghum or Sudex ISO
(Grain)-- (Pasture)
Corn 1200 Sorghum or Sudex 2 _20
(Silaee) (silage)
Cotton 70 S vbeaatls 200
Fescue ?fit}Timothy, Orchard, or 200
Rve Grasses
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 crop other than those listed
above. A inaxitisurn PAN loading rate for the desired crop shall be approved with the permit
triodification.
If the land application sites are to be overseeded (e.g,, berniuda grass in the surniner and rye
grass in the winter 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 practtce
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 by
'the Division.
14, Animals shall not bi-, 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 coine in contact with the residuals shall
not be harvested for 30 days after any residuals land application event.
16. 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 any residuals land application event,
M
17. Food crops with harvested parts below the surface of the land (i.e., root craps such as
potatoes, carrots, radishes„„ eta.,) 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,.
1, Food drops with harvested parts below the surface of the land shall not: be harvested for 3
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 aqjacent properties or into any
surface waters.
21. Adequate procedures shallbe provided to prevent surface runoff from carrying any lazed
applied or stored residuals into any surface waters.
1 ,Surface -applied residuals shall be plowed or di ced 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. -inch or greater in 24 hours. Any erner en y 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,
26. appropriate measures shall be taken to control public access to the land application sates
during active site use and for the 12-month period following the last residuals lazed.
application event. ;Such controls may include the posting of signs indicating the activities
being conducted at each site,
111. MONITORING AND REPORTING 1 I11E° EN1'
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 sari piing and reporting schedule shall be followed.
I
2.
Residuals generated by each residuals source -generating facility listed in the most -recently -
certified Attachment A of this permit shall be analyzed to demonstrate that they are non-
hazardous under the Resource Conservation and Recovery Act (RChRA), A c rTo.sivity.
i nit.ability, and reactivity analysis as well as a Toxicity Characteristics Leaching procedure
(TChLP) analysis shall be; conducted on residuals generated by each residuals source
generating facility listed in the most recently -certified .attachment A of this per°unit. The
analyses 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 Pernlittee for
minimum of five, wars, 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, the analyses shall be required for each residuals land
application event, The TCLP analysis shall include the following parameters (i.., note the
regulatory level in milligrams per liter in parentheses):
Arsenic (5.0) 1,4- lchlorobenzene (7.5) Nitrobenzene (2.0)
arium(10 .0) 1p2_Dichloroetliane,(0.5) Pent chlorophenol (100,0)
Benzene (0-5) 1,1-ificlilor ethylene (0.7) Pyridine (5,0)
Cadmium, (1,) 2 4_l)initrotohrene 0.13) Selenium (1;,i1
Carbon tetrachloride (0,5) Endrin (0.02) Silver (5.0)
Chlordane (0.03) Heacrachlorciben ene (0. 13) Tetr'achloroethylene. (0.7)
C~hlorobenzene (100,0) Heptachlor (and its hydroxide) (0,008) ) Toxapherae (0.5)
Chloroform (d.tt) i exachloro-1,3-butadiene (07 5) Trichloroethylone (0.5)
Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Tri hlorophenol (4WO)
rn-Cresol (200.0) Lead;(5.0) 2,4,6-Trichloro heiiol (2.())
o-Cresol (200.0) Lindane (fi.) 2.4, -TP ( lvex) 0.0)
p-Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2:)
Cresol (200,0) Metho ychlor (10,0)
2,4-D (10-0) Methyl ethyl ketone (200.0)
After the residuals have been monitored as specified above for two yearn at the frequency
specified in the most recently -certified Attachment A of this permit, the Permittee nay
submit a request to the Division for a permit modification to request a reduction of this
monitoring requirement. In no case, however, shall the frequency of monitoring e less than
once per permit cycle,
3. An analysis shall be conducted on residuals generated by each residuals source -generating`
:facility listed in the most recently -certifier) 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 P rmittet for a minharuin 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 linrited to, the following
parameters:
Alurninurn Magnesium t Potassium
Ammonia -Nitrogen Nickel Sodium
Cadmium Nitrate -Nitrite it-ite Nitrogen Total Kjeldahl Nitrogen
Calcium Percent Total Solids Zinc
Chopper pl l Plant Available Nitrogen
Lead Phosphorus (by calculation)
8
After the residuals generated by a particular residuals source -generating facility have been
nionutored for two years at the frequency specified in the most recently -certified Attachment
A of this permit, the Perinittee may submit a request to the Division for a permit modification
to reduce the frequency of this monitoring requirement. In no case, however, shall the
frequency of this nionitoring be less than once per year when a residuals land application
event of residuals generated by the residuals source -gene -ating facility occurs during that
year.
4Residuals generated by each residuals source -generating facility listed in the most recently -
certified Attachment A of this permit shall be monitored for compliance with Condition 1, 7. 1�el
The monitofirig shall be performed at the frequency specified in the most recent I y -certi ried
Attachment A of this permit, and data to verify pathogen and vector attraction reduction of
the residuals shall be maintained on file by the Permittee for a minimum of five years. The
required data shall be specific to the stabilization process utilized, but also shall be sufficient
to demonstrate clear compliance with the Class B pathogen requirements as defined in 40
CPR Part 503 or the Process to Significantly Reduce Pathogens (PSRP) as defined in 40 CFR
Part 257 Appendix 11. Only residuals that are generated by the residuals source -generating
facilities that are identified as being exempt from Condition 1. 7. in the most recently -
certified Attachment A of this permit shall not be, required to comply with this neon "wring
requirenteriL
5, Laboratory analyses as required by Condition 11. 2., and Condition 111. 3, shall be
performed/gathered on the residuals as they are to be land applied. Furthermore, analytical
d eteri-ni nations made pursuant to the monitoring and reporting requirements of this permit
shall be made by a laboratory certified by the Division for the required pararnetar(s) under
15A NCAC 2H,0800 or 15,E NCA,C 2H . 1100,
6Proper records shall be. maintained by the Perinittee tracking all residuals land application
t�
events. These records shall include, but are not necessarily limited to, the following
infor-mation:
a. Source of residuals.,
b. Date of land application;
c. Location of land application (i.e., site, field, or zone number)-,
d, Method of land application;
e. Weather conditions (i,e,, -,unity, 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 , Volurne of soil ainendinerits (i.e., lime, gypsum, etc.) applied in gallons per acre, dry ton
per acre, or kilograms per hectare (if applicable); and
9
k, Annual and cumulative totals of dry tons per acre of residuals as well as animal waste and
other sources of nutrients (i.e., if applicable), annual and cumulative pounds per acre of
each heavy metal (i.e., shall include, but shall not be limited to, cadmium, copper, lead,
nickel, and zinc), annual pounds per acre of PAN, and annual pounds per acre of
phosphorus applied to each field.
'7- A representative annual soils analysis (i.e., Standard Soil Fertility Analysis) shall be
conducted on each land application site oil which a residuals land application event In the
respective calendar year has occurred., and the results shall be maintained on file by the
Pernintee for a irrinimum 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 111. 2., Condition 111, 3., Condition 111. 4., Condition 111, 5., Condition 111, 6,
Condition 111. 7. shall be submitted annually on or before March Ist of the year following the
residuals land application event to the following address:
NCDENR-DWQ
Water Quality Section
Non -Discharge Complianceffinforcernent Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
9, Noncompliance Notirication:
The Pernuttee shall report by telephone to the Water Quality Section of the Division's
Mooresville Regional Office at telephone number (704) 663-1699, as soon as possible, but in
no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence with the residuals land application program that results in the land
application of significant amounts of residuals that are abnormal in quantity or
characteristic,
K Any failure of the residuals land application program resulting in a release of material 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 program system was designed.
& Any process unit failure, due to known or unknown reasons, that render the residuals land
application program incapable of adequate residuals treatment.
e, Any spillage or discharge from as 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.
IV. GROUNDNAIATLg_REQ)tLTI!RRELiNMIENNTS
L Landi* lication Site Regnice ments.
a. Each land application site identified with a GW-A in the most recently -certified
Attachment B of this peritis 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 recently -certified
Attachment B of this perrilit, is 4ornmated by soils with a inean 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 horings shall be
properly filled with native sort, prior to the residuals land application event, to decrease
the chance of any residuals contaminating the groundwater.
a, The COMPLIANCE B-O- UNDARY for residuals land application prograrns is specified
by regulations ill 15A NCAC 21, (i.e,, "Groundwater Classificaltons and Standards").
The Compliance Boundary for each land application site is established at either 250 feet
from the residuals land application area or 50 feet within the property boundary,
whichever is closest to the residuals land application area. An exceedance of
Groundwater Quality Standards at or beyond the Compliance Boundary is subject to
immediate remediation action according to 15A NCAC 2L,0106 (d)(2)•
K The RUVJEBQLTNIAR Y shall be established around each land application site
midway between the Compliance Boundary and the perimeter of the, residuals land
application area. Any exceedance of Groundwater Quality Standards at the Review
Boundary shall require action in accordance with 15A NCAC 2L .O 106 {d)(2),.
3, Additio!Lall Requirements:
a, Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
L Prior to each residuals land application event, the Pernaittee or his designee shall inspect the
residuals storage, transport, and application facilities to prevent malfunctions and
deterioration, operator errors, and discharges that may cause or lead to the release of wastes
to the environment, a threat to human health, or a nuisance. The Permitteeshall maintain all
inspection log or sunimary including at least tile date and tinte of inspection, observations
made, and any maintenance, repairs, or corrective actions taken by the Perrilittee. This log of
inspections shall be maintained by the Perrnittee for a period of five years from tile, date of the
inspection and shall be made available to the Division or other permitting authority, upon
request.
I I
1 Any duly authorized officer, eurpic)yee, or representative of the Division may, upon
presentation of credentials, enter and inspect any property, prentises, or place on or related to
the land application sites or facilities at any reasonable tirrie for the purpose of determining
compliance with this perinit; may inspect or copy any records that must be kept under the
terms and conditions of this permit-, and may obtain samples of groundwater, surface water,
or leachate,
Vt. GE NERAXLL CONNDWIF11.00NNS
This permit shall become voidable unless the residuals land application events are carried out
I e
in accordance with the conditions of this permit, the supporting materials, and in the n armr
approved by the Division.
This permit shall be, effective only with respect to the nature and volume of residuals
described in the application and other supporting data.
Failure to abide by the conditions and firnitations 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.
'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).
2.
8
N
M
The issuance of this permit does not preclude the Permittce from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable
river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control
requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000,
and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC
'05W
This permit may be modified, revoked, and/or reissued to incorporate any conditions,
hinitations and monitoring requirements the Division deems necessary in order to protect the
environinent and public health adeqtiately
7. The Pernrittee, 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 program described therein, and if warranted, shall
extend the permit for such period of time and tinder such conditions and limitations as it may
deem appropriate,
8, This permit shall not be automatically transferable. In the event that there is as desire for the
residuals land application prograin to change ownership or to change the name of the
Pernrittee, a formal permit request shall be submitted to the Division documentation from the
parties involved and other supporting materials as may be appropriate. The approval of this
request shall be considered on its merits and may or may not be approved.
M
Per it issued this the fifteenth day of Jerre. 2001.
NORTH CAROL]INA ENVIRONMENTAL MANAGEMENT COMMISSION
+`r AManT Klimek, F .E., Director
Division of Water duality;
By Authority of the Environmental Management Corranission
Permit Number WQ0000701
13
t„I 9CHs'IsiT r - r�tatsrat ttasidual antra°ae-tlrmaer°a tin r, as—ifitita
Perin a No. t+yr; "i`)C)()0701
Tyson Poulort, Inc.
Harmony, PVC Rendering Plant Residuals Land Application Program a
Owner Facility Name County Permit Number Issued By Is 503? Maximum Monitoring Monitoring Approved
C3ry'Toms Frequency for Frequencytor 'Mineralization
Per Year Condition 111, 2. Condition HL 3, and Rate
Condition Ill. 4.
Pal _ 3, 3.U11 �x h_ _ `w tatl
T"vsots Aotalmry, laic 11:aensonv. Nt lle.tsalerrtr 1 ffi tart Ixedeli t t}C1 1(i 9)tF°t ntttr 5{4{s S d)il C7ncc . t l'erratsv —Ever_ _.
"Me 5,543-dry tans per year of residuals to be land applied under the crxnditiaars of this perarrst are: g;eneraated from the treatinestt of wastc*aiaer at die llarsuony, 'NC Rendering Plant rind Wilkesboro, NC Plans
(i.a,, Pretreatment Permit No. 1003-1, issues by the Town of Wilkesboro) of Tyson poultry, Inc ; at the Case Farms Facility in Durke County,NC (Non-Disch arg e Punmh allo. 'al (XA)07511), and the Townsend Foods, laL. Plant in
Claatharn County, NC {i,e., NPDES Permit No. NC(H)2=4411. All residuals are mixed and treated at die Tyson Poultry; dnc. Harmony, ;NC Rendering Plant and then land applied as a single source. Cicada no circurnstances
shall the residuals getserated by rise individual plantstfiacilitics be land applied as is" (ix., without mixing and treatment at the Tyson poultry, Inc. flar atany, NC" Rendering Plane Should it be desired to land apply the residuals
getterated by the ind16dual planestirtcilittes "&s is" oncc aeaita, the Perunuee shad request approval of a farnaal perinii modification from die Division:
Pesairit No.WCn?(X)OO7O€.
Fagg I of I
Certification Date! June 15, dlal l
A'"T""fi`At` MENT k : a )rov c wand A N1a`aatjon ates
Permit No. Wift0007 1
TYNraas Poultry, Inc.
Harmony, , NC Rendering Plant Residuals, Laren A plica lion Program
*afar
t.°"carlification Date: Junc 15, 001
ATTACHNIENTA -..,knuroved Land Ap Li_cafion Sites
Permit Alo, IV00000701
Tyson Poultry, Inc.
Harmony, JVC Rendering Plant Residuals Land Application Program
Permit NoWQ0000701 ]'"age 2 of 3 (."ellification Date: hlll� 15, 2001
ATTACHMENT B - Anproved Land AvDfication Sites
Permit No. TVQ0000701
Tyson Poultry, Inc.
Harmoky., AT C Rendering Plant Residuals,&znd Application Program
Siteffield 102
Landowner LesseelOperator
County
'Latitude Longitude
Net Acreage
Applicable
Re,strietion in
Condition IV. I.
SU-01-17
Johnson, Monroe & Walter
Sorry
47.30
GW_B
SU-01-18a b
Johnson, Monroe & Walter
Sarry
10,140
CYW_B
SU-01-10
Johnson, Monroe & Walter
Surry
12.70
GW-B
SU-01-19
Johnson, Monroe & Walter
Surry
12,10
C;W_B
Total For
_355,50
WK-01-01 b
Mathis, Diana Pardue Mathis, Talmadge
Wilkes
3436
GW-A
WK-03-02'
Duncan, Donald & Mae
Wilkes
51,70
GW-A
WK-04-0
Duncair,Douald
Wilkes
3&80
GW-A
WK-05-01
Wilkes
28,90
Total For Co! my
Wilkes
153.76
. ..... ....
258956
Residuals shall be subsurfacely injected on all land application sites in order to reduce the potential foi generation of nuisance conditions. Surface application methuds
shall be strictly forbidden without first applying for and receiving written authorization from the Division.
b This land application site is subject to flooding or is located within the 100-year flood plain and shall, therefore, be subject to the requirements ofCondition it. 23.
This land application site has slopes up to 18 percent, Therefore, care shall be taken to ensure that no runoff of injected residuals occurs,
Permit No, WQ0000701 Page 3 of 3
Certification Date: June 15, 2001
HarmotV WWf Systcm
Subject: Harmony WWT System
Date- Thu, 22 May 2003 09:23:56 -0400
From: Rex Gleason <Rex, G1eason@ncmail.net>
Organization: NC DENR - Mooresville Regional Office
To: denrwqmro.dwqCq),ncmaiLnet
Sonja has reviewed and drafted a permit for a sewer extension in
Harmony. The ww will be tributary to the Town of Harmony's constructed
wetlands wwt system. Do you know if the Town's wwt system has been
constructed? The sewer permit says the ww will be tributary to the
existing system.
Mike --I believe you did the SR for this. Do you know tne status?
Ellen --Do you know the status, of the f-acility?
Sonja --Once we find out the true status, the sewer permit may need to be
revised. Please hold until further notice.
Everybody --Please respond ASAP, as we are behind in processing the fast
track sewer permits.
Thanks,
Rex
Rex Gleason - Rex.Gleason@ncmail.net
%TITLE%
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
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Rowan County Environmental Services
402 North Sfain Street * Salisbury, NC 28144-4341
Telephone 704-Sri 8-3078
FAX 704-638-3130
Mr. Lawrence R. Sampson, Jr.
TYSON F ODS, IN
1600 River Roar'
P.O. Box 88
Wilkesboro, N,C. 28697
Re: Notice of Non -Compliance
Tyson Foods Land Application Program
Dr. Richard Adams Farm Property
Dear Mr. Sampson -
Based on a Freedom of Information Act (FOIA) file review of the DE files in
Mooresville, North Carolina, the most recent submission of the information required
by section III of the permit appeared to be February 27, 1995, We have since learried
that the appropriate submittals have been made to NCDENR but that non-
compliance issues may be indicated within the submittals. Rowan County
respectfully requests that any non-compliance issues be summarized and presented
to us along Wth your response to these issues,
Based on site visits of February 11, March 12 and April 13, we evaluated the
application process relative to the current permit as follo
1 Two tanker trucks were present at the site during the period of this inspection
(Truck 18 and Truck 12). Neither of these trucks nor the application tractor
carried copies of the Spill Prevention Plan,
Both the DENR Permit (item 1,7.) and Biosolids Ordinance (Article I], Section
8. (a) require a Spill Prevention and Control Plan to be prepared for the site,
Equal Opporlunity Employer
4 'ecycled paper
bsx au
71111-1,11 Y
The Biosolids Ordinance requires a copy to be provided to Rowan County
Environmental Services, the permit requires a copy to be maintained 'in any
vehicle hauling or applying the waste,
Z Item 1. 7. of the Permit also requires a copy of the permit to be maintained at
the site. No copy of this permit was observed during the site inspection,
3Item 1.8, specifies that the specific residual application area boundaries shall
be clearly marked on each site prior to and during application, During the
March site visit, TRS was applying residual material to Field M at the Adams
Farm. Our personnel drove the perimeter of Field M and did not observe any
such markings. Based on visual observations, the residual application area
being utilized on Field M did not appear to exceed the buffer conditions,
4TRS has applied residual material on Field G within the last 30 days, This
application appears to violate Item 1. 10, of the Permit. Item 11. 10, states, "For
areas that are prone to flooding or within the 100-year flood elevation,
residuals may be applied only during periods of dry weather."
In our opinion, February and March of 1999 did not constitute a period of dry
weather, Additionally, Attachment A of a previous version of the permit dated
September 22, 1995 clearly defines Field G as entirely within the 100-Year
Flood Plain.
When examining Field G during April, the residball 8pplicatibn a�r�a
observed to be wfthin 25 feet of the South Yadkin River, considerably le
than the buffer requirements defined in Item 1.6, of the Permit. 1
6. The pH of the poultry process residuals being delivered to Field M was tested
from the discharge port on Truck 12. The pH of the residual was measured at
9.2 standard pH units, Item 1.12, of the Permit specifies the pH of the
residuals shall be adjusted through the addition of lime to achieve a pH of 10
for greater than 30 minutes. This condition is included in the Permit
specifically to reduce potential odor problems.
During the 8it6 Inspection, no records were available to confirm tho pH had
t>een aOiusted for sufficient time to achieve this requirement of the Permit,
Based on interviews with the drivers, vve understand a specific volume of lime
is added to each load, and no testing is conducted prior to delivering the
materials to the site,
T Article H Section 8.c. of the Biosolids Ordinance requires the permittee to
provide information to Rowan County Environmental Services summarizing
the proposed areas of application and the loading to be applied during each
operational period. TRS has submitted a letter dated March 2,1999, which
indicates a proposed load of approximately 15,000 gallons per acre. Further
the plan states that TRS will apply "however much is required to reach the
crop -specific rate for plant -available nitrogen per acre as required by our
permit". Due to the lack of recent analytical data, the loading can not be
interpreted from this information. As a result, this Plan appears to be
incomplete.
Further, TRS appears to have applied residuals to Field G during the pedod of
January -February 1999 at Mich time their Plan indicated they would be
applying on Field M. This modification should have required an amendment
to the 60-day plan, which was apparently not filed with Rowan County
Environmental Services.
& Item 11,2, of the permit requires suitable vegetative cover be maintained in
accordance with the crop management plan outlined by the local Extension
Office, the Department of Agriculture, the Natural Resources Conservation
Service, or other agronomists, and approved by this Division. We observed
application on Field M in January and March of 1999, During this time, no
vegetative cover had been planted on any portion of this field. Submittal of
crop management plan as indicated in Section 11 of the permit should be made
to Rowan County as part of future submittals.
9. On the April 13"' visit, tankers were observed leaving the site with top access
hatches open. While this may not represent a particular permit violation, it
does, indicate inappropriate transportation methods.
These violations are subject to enforcement action as provided by the Ordinance,
including both civil and criminal proceedings. It is our desire at this time to allow you
an opportunity to respond to these findings in a timely and appropriate manner. Your
response should be made in writing to this office within 10 (ten) days of receipt of this
Notice,
Sincerely
Greg Geene, CPESC
Environmental Specialist
Mr. Mike Cock, Environmental Manager
Terra Renewal Services
r, Rex Gleason, NCDENR, DWQ
Mooresville Regional Office
a
M:chael F. Easley, Governor
Wifliam(3 Ressir,,secretary
North Carolina Depaarnei-n of Environment and Natural Resources
Alan W KErnek, P E., Director
Divisio'n of Water Quality
MR. DAN CROWT-, PLANT MANAGER
TYSON FOODS, RARN40NY PLANT
501 SFIFFF,ELD RD
HARINIONY, NORTH CAROLINA 28 6
Subject: Permit No. WQ0000701
TYSON FOODS, Harmony Plant
Residtials Land Application, Program
Land Application of Residual Solids (503 Exempt)
fredell County
Dear Mr. Crowe:
In accordance with your pen -nit modification and renewal application package received on
January 5, 2006, we are forwarding herewith a modified and renewed Permit No. WQ0000701, dated
June 21, 2006, to Tyson Foods for the subject residuals land application program,
This permit shall be effective from the date of issuance until May 31,2010, shall void Permit No,
WQ000070 1, issued on July 9, 2003; and shall be subject to the conditions and limitations as specified
therein. Make note of this permit's expiration date and the fact that a permit renewal application is due to
the Division of Water Quality (Division) no later than six months prior to that date (i.e., see Condition V1,
7.), as the Division does not send reminders to apply for permit renewal,
This permit is, being issued to approve the continued operation of the residuals land application
program for another five-year cycle with the following modifications:
a. This permit is issued as a renewal and to modjf, the permitted land with a decrease in acreage
available for land for application for a total of 1522,34 acres,
b, Change of ownership of land previously listed as owned by Ed Dewitt to Dale Dewitt,
As always, remember to take the time to review this permit thoroughly, as some of the
conditions cotitained therein may have been added, changed, or deleted since the last issuance. Pay
particular attention to the monitoring requirements in this permit. Failure to establish an adequate system
for collecting arid maintaining the required operational information will result in future compliance
problems -
If any partsrequirements, and/or 11mitatiorts contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This !request shall be in the from of a written petition, conforming to Chapter 150B of'the North
Carolina General Statutes and filed with the Office of Administrative Flearings at 6714 Mail Service
Center, Raleigh, North Carolina 27699-6714. Unless such demands are made, this permit shall be final
and binding,
Dat
1 Ny.h'C-a,o ,, .qtA(ra� 7
Aquifer Protection Ser-tion 1636 MailService Center Raleigh, NC 27699-14536
lnttmei: lilt M//h7 qacnclis 2723 ( apAal Boulevard Raleigh, ',,rC, 27604
L_ _
An Equal OpportunitylAffirmalive Adioo Emisoyet - 50% 9lecy6ed110% Pos` Consurner Paper
Phone, (919) 733-3221 Custorne- Sm-yice
Fax (919) 715-0588 1-8773-6748
Fax (919) 715-6048
Mr. Dan Crowe
Page 2
June 26,2006
If you need any additional information concerning this matter, please contact Mr. J. R. Josbi by
telephone at (919) 715-6698,ter via e-mail atjayajoshi@,ncmail.net.
Sincerely,
jor Alan W. Klimek, VE,
cc Brent Collins, EIMA Resources, Inc, 29 Court Square, Mocksville, NC, 271028
Moore County Health Dept.
Montgomery County Heatth Dept.
Richmond County Health Dept.
Surry County Health Dept.
Winston-Salem Regional Offioe-Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
APS Files
LAU Residuals Program Coordinator
NORTH CAROLLNA
FNVERONMENTAL MANAGEMENT COWMISSION
DEPARTMENT OF ENNIROXIMENT AND NATURAL RESOURCES
%A,LEIGH
LAND APPLICATION OF RFSIDLTAL SOLIDS (503 EXEMPT) PERNNIIT
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
PER14ISSIGN IS HEREBY GRANTED TO
TYSON FOODS, HARMONY PLANT
fredell County
rOR THE
continued operation of a residuals land application program for TYSON FOODS, Harmony Plant, and
consisting of the land application of 5,543 dry tons of residuals generated by the residuals source -
generating facffities listed in the most recently -certified Attachment A to the land application sites listed
in the most recently -certified Attachment B with no discharge of wastes to surface waters, pursuant to the
permit modification and renewal application package received on January 5, 2006, and in conformity with
the project plan, specifications, and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of Ibis permit.
This permit shall be effective from the date of issuance until May 31, 2010, shall void Permit Nlo.
WQ0000701, issued on July 9, 2003; and shall be subject to the following specified conditions and
limitations:
1. PE RE ORTNIANCE STANDARDS
1. 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
program,
2. 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.
3 The issuance of this permit shall not relieve the Perrifittee of the responsibility for damages to
surface waters or groundwater resulting from the operation of this residuals land application
program,
4In the event that the residuals land application program is not operated satisfactorily,
including the creation of nuisance conditions, the Permittee shall cease land applying
residuals to the site, contact the Aquifer Protection Section of the appropriate Division of
Water Quality's �Division) regional office, and take any immediate corrective actions as may
be required by the Division.
5.No residuals other than those generated by the residuals source- generating facilities listed in
the most recently -certified Attachment A of this permit shall be approved for land application
in accordance with this permit,
6Only the land application sites listed in the most recently -certified Attachment B of this
permit are approved for residuals land application.
7This 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 Perinittee are in fill] 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.
8, 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,
9. The Aquifer Protection Section of the appropriate Division's regional office shall be notified
at least 24 hours prior to the initial residuals land application event oil any new land
application site. Stich notification to the Regional Aquifer Protection Supervisor shall be
made during normal office hours (i,e., from 8:00 a,m, 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
littp:t'h2o.enr.state.nc.us'jidpu/.
10, When residuals are land applied under the conditions of this permit, the Class B pathogen
requirements and site restrictions in 40 CFR Part 50332(b) shall be meta ditionally, 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 source_
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 requirements,
I
1. The facilities and lard application sites shall be properly maintained and operated at all
tunes.
Upon, classification of the residuals tared application program by the Water Pollution Control
System Operators Certification Commission f OC , the Pertnittec shall designate a
certified land application residuals operator to be in responsible charge Rf the
program, Tire operator shall hold a certificate of the type classification assigned to the
program by the WPCSOCC. Phe Permittee .shall also designate a certified back-up operator
of the appropriate type to comply with the conditions of 15A I CAC Sir .flay ,
A3. No residuals shall be stared at any. land application site at any time, unless written approval
has first been requested and obtained from the i ivisiort.
copy of this permit shall be maintained in all mantied equipment at the Cann application
sites when residuals .are being land applied during the life of this permit, A spill preventiurk
and control plan shall be maintained in all residuals als transport and application vehicles,.
5, __When land applying residuals to any landapplication n site, the following buffer zones shall be
maintained at .all times.,
a, 400 feet; from residences or places of public assembly under separate ownershipfor
surface application methods, however, the buffer zone requirement may be reduced t5 a
minimum of 100 feet upon written consent of the owner and approval from the Aquifer
Protection Section of the appropriate Division's regional office in Attachment 1d of this
permit;
b. 200 feet from residences or places of public assembly under separate ownership for
subsurface applicationmethods; however, the buffer zone requirement may be reduced to
a minimum of 100 feet upon written consent of the owner and approval from the Aquifer
Protection Section of the appropriate Division's regional office in Attachment B of this
Fe it,
dtlp feet from any public or private water supply source, waters classified ed as SA or SB,
and any Class f or Mass 11 impounded reservoir used as a source of drinking water for
bath methods;
d. 100 feet from any streams classified as WS or 1 , any other stream, canal, marsh or
coastal wasters and any father lake or impoundment for surface application,
e. Si feet from any streams classified as WS or 1 , any rather -stream,. canal, marsh or coastal
waters and any other late or im oundment for subsurface application;
f. 50 feet from property lures for both surface and subsurface application methods
. SO feet from public right of ways for both surface and subsurface e pplication methods,
h. tit feet from upslope interceptor drains and surface water diversions for bath surface any
subsurface application methods, and
i. 25 feet from downslope interceptor drains, surface water diversions, groundwater
drainage systems, and surface drainage ditches for both surface arid subsurface
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,
6. Maximum slope for land application of residuals shall be 10 percent for surface application
methods and 18 percent for subsurface application methods.
7, Specific, residuals land application area boundaries shall be clearly marked on each land
application site prior to and during a residuals land application event,
8The lifetime loading rates (LLRs) of heavy metal loadings rates on any land application site
shall not exceed the following for the corresponding soil cation exchange capacities (CEQ-1
a
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 Cm;are optimum
yield for the crops specified in Condition R. 13, The agronomist shall provide 'information
on the pH best suited for the specified crop and the soil type,
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 (SAR) of rive or higher), the exchange -able 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 North Carolina 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 and maintaining conditions conducive
to crop growth, The Pe tree 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.
11. 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/nutrierits 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 crop (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,
4
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 other
agronornist and as approved by the Division,
11 Residuals and other sources of PAN' shall be land applied to all land application sites at
agronomic rates in accordance with the crop management plan 'outfined by the local
Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer
Services, the Natural Resource Conservation 'Service, or other agronomist. Under no
circumstances shall the following PAN loading rates land applied to any site exceed the
following for the specified crops:
PAN
Crop (pounds per Crop t,?oundsjsgar
acres rjva�r
A I fal fa 200 Forest 75
H rd vood orSoftwood)
EFennuda -Grass
('Ha tar Pastrim) 220 Milo 100
'Blue Grass 120 Small Grain 100
Wheat, Barle e, or Oats)
Corn
'160 Sorghum or Sudex 180
. . . . . . jtrain) Pasture)
_ __. L_._
Corn Sorghum, or Sudex _
200 220
Cotton 70 Aoybea Lis 200
othy, Orchard, or
Fescue 2250 200
P vA gasses
The Permittee shall apply for and receive a modification of this peria it before land applying
residuals on any land appfcation site that is to be established in a crop, other than those listed
above, A maximum PAN loading rate for the desired crop shall be approved with the perinit
modification,
If the land application sites are to be overseeded (e.g., bermuda grass in the summer and rye
grass in the winter with BOTH crops to receive residuals), their 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 land
appLed 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 by
the Division,
14Animals 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 come in contact with the residuals shall
not be hat -vested for 30 days after any residuals land application event,
I
16. Food crops with harvested parts that touch the residuallsoil, 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,
17"ood 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 parts 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 disced 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-iirch or greater in 24 hours. Any emergency residuals land application
measures shall first be apprbved in writing by the Division.
25, Residuals shall not be land applied to any land application site that is flooded, frozen, or
snow-covered.
26. 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 AND REPORTLNG REQUIREMENTS
I Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by tire Division to ensure protection of the environment shall be
established, and an acceptable sampling and reporting schedule shall be followed.
M
2, Residuals generated by each residuals source -generating facility listed in the most -recently -
certified Attachment A of this permit shall be analyzed to demonstrate that they are 11011-
hazardous under the Resource Conservation and Recovery Act (RCRA), A corrosivity,
ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure
(TCLP) analysis shall be conducted on. residuals generated by each residuals source -
generating facility listed in the most recently -certified Attachment A of this permit. The
analyses 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, the analyses shall be required for each residuals land
application event. The TCLP analysis shall include the following parameters (i.e., note the
regulatory level in milligrams per liter in parentheses):
Arsenic (5.0) 1,4-Dichlorobenzene (7.5) Nitroberizene (2.0)
Barium (100,0) 1,2-Dichloroethane (0.5) Pentachlorophenot (100.0)
Benzene (0.5) 1,1-Dichlorisethylene (03) Pyridine (5 )
Cadmium (1,0) 2,4-Dinitrotoluene (U3) Selenium (1 -0)
Carbon tetrachloride (0.5) Endrin (0.02) Silver (5 .0)
Chlordane (0.03) Hexach I orobenze ne (0 .1) Tetrachloroethylene (0.7)
Chlorobenzene (100,0) Reptachlor (am its hydroxide) (0.008) Toxaphene (0.5)
Chloroform (6.0) Hexachtoro- 1,3-butadierie (0.5) Trichloroethylene (0.5)
Chromium (5 w0) flexachb-L)roethane (10) 2,4,5-Trichtorophenol (400,0)
m-Cresol (200.0) Lead (5.0) 2,4,6-Trichlorophenol
o-Cresol (200,0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0)
p-Cresol (200.0) Mercury (0,2) Vinyl chloride (0.2)
Cresol (200.0) Methoxychlor (10.0)
2,4-D (10.0) Methyl ethyl ketone ( 200.0)
After the residuals have been monitored as specified above for two years at the frequency
specified in the most recently -certified Attachment A of this permit, the Permittee may
submit a request to the Division for a permit modification to request a reduction of this
monitoring requirement. In no case, however, shall the frequency of monitoring be less than
once per permit cycle.
3. An analysis shall be conducted on, residuals generated by each residuals source -generating
facility listed in the raost 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 Pennittee 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 Inn, ited to, the following
parameters.,
Aluminum.
Arrinionia-Nitrogen
CadMiUM
Calcium
Copper
Lead
Magnesium
Nickel
Nitrate -Nitrite Nitrogen
Percent Total Solids
pH
Phosphorus
7
Potassium
Sodium
Total Kjeldahl Nitrogen
Zinc
Plant Available Nitrogen
(by calculation)
After the residuals generated by a particular residuals source -generating facility have
been monitored for two years at the frequency specified in the most recently -certified
Attachment A of this permit, the Permittee may submit a request to the Division for a
permit modification to reduce the frequency of this monitoring requirement, In no case,
however, shall the frequency of this monitoring be less than once per year when a
residuals land application event of residuals generated by the residuals source -generating
facility occurs during that year,
4. Residuals generated by each residuals source -generating facility listed in the most recently -
certified Attachment A of this permit shall be monitored for compliance: with Condition 1. 10.
The monitoring shall be perforrned at the frequency specified in the most recently -certified
Attachment A of this permit, and data to verify pathogen reduction of the residuals shall be
maintained on file by the Permittee fora minimunt of five years. The required data shall be
specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear
compliance with the Class B pathogen reduction requirements and site restrictions in 40 CFR
Part 503.32(b). In addition, the Environmental Protection Agency (EPA) certification
statements concerning compliance with pathogen req
uirements; requi ernents, and management
practices shall be completed at the frequency specified in the most recently -certified
Attachment A of this permit by the proper authority or authorities, if more than one is
involved (i,e., either the person who prepares the residuals, the person who derives the
material, or the person who applies the residuals), Only residuals that are generated by the
residuals source -generating facilities that are identified as being exempt from Condition 1. 10.
in the most recently -certified Attachment A of this permit shall not be required to comply
with this monitoring requirement.
5. Laboratory analyses as required by Condition 111. 2,, Condition 111. 3., and Condition 111, 4,
shall be perfornie(L"gathered on the residuals as they are to be land applied. Furthermore,
analytical determinations made pursuant to the monitoring and reporting requirements of this
pertnit shall be made by a laboratory certified by the Division for the required parameter(s)
under 15A NCAC 2H .0800 or 1 SA NCAC 2111 lK
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;
bDate of land application-,
ca 'Location of land application (i.e., site, field, or zone number),
d. Method of land application;
e. Weather conditions (i,e., sunny, cloudy, raining, etc.),-
f Soil conditions (Le., il-y, wet, frozen, etc,);
g. Type of crop or crops to be grown on fieldi
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,, litne, gypsum, etc.) applied in gallons per acre, dry ton
per acr.-, or kilograms per hectare of applicable); and
k. Annual and cumulative totals of dry tons per acre of residuals as well as animal -waste and
other sources of nutrients (i.e., if applicable), annual and cumulative pounds per acre. of
each heavy metal (i.e,, shall include, but shall not be limited to, arsenic, copper, lead,
mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN,. and
annual pounds per acre of phosphorus applied to each field,
7. A representative annual soils analysis (i.e., 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 be maintained on file by the
Perinittee for a rnimmum of five years, The Standard Soil Fertility Analysis shall include,
but is not necessarily limited to, the following parameters-,
Acidity Exchangeable Sodium Percentage by catculation)
Calcium Magnesium Phosphorus
Cation Exchange Capacity Manganese Potassium
Copper Percent Flumic Matter Sodium
Base Saturation by calculation) pH Zinc
8, Three copies of all required monitoring and reporting requirements as specified in Condition
11L 1,. Condition 111, 2., Condition III, I, Condition 111. 4., Condition 111, 5,, Condition 111, 6,,
and Condition 111, 7, shall be submitted annually on or before March 1st of the year following
the residuals land application event to the following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
9. Noncompliance Notification:
The Pejmittee shall report, by telephone to the Aquifer Protection Section of the Division's
Winston-Salem Regional Office at telephone number (336) 771-4600, as soon as possible,
but in no case more than 24 hours or on the next working day following the occurrence or
first knowledge of the occurrence of any of the following:
a. Any occurrence with the 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 material 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 perinit or
the parameters on which the program system was designed,
d. Any process uniffailure, due to known or unknown reasons, that tender the residuals land
application program incapable of adequate residuals treatment.
c. Any spillage or discharge from a vehicle or piping systein transporting residuals to the
application site.
9
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 erasure that the problem does not recur;
]IV. GROUNDWATER REQUIRFNI-ENTS
1. arrlt Atataleatrorr bite Rertrzirrtrent
a. Each land application site identified with a GW-A in the most recently -certifiers
Attachment B of this permit is dominated by soils with a mean seasonal high water table
greater than three feet below the farad surface. Residuals land application events may
occur on these sites tEtroughout the year.
b, Each land application site identified with a G -id in the most recently -certified
Attachment B of this permit is dominated by soils with a mean seasonal high water table
between one and dares feet below the laird 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 sail boner s 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 characterise 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;
I malicable'Boun a eclurr°grtrents;
a. The COMPLIANCE BOUNDARY for residuals land application programs is specified
by regulations in 15A N A f,. i.e., "Groundwater Classification and Standards").
The Compliance Boundary fear each land application site is established at either 250 feet
from the residuals land application ;area or 50 feet within the property boundary,
whichever is closest to the residuals land application area. Air exceedarice of
Groundwater Quality Standards at or beyond the Compliance Boundary is subject to
immediate r°era ediation action according to 15A NCAC 2L .010 (d)(2).
b. The REVIEW BOUNDARY shall be established around each laird application site
midway between the Compliance Boundary and the perimeter of the residuals land
application area. Any exceedan e of Groundwater rurality. Standards at the Review
Boundary shall require action in accordance with 15A NCA :, .0106;(d) .
I Additional Requirements*
a. Any groundwater quality monitoring, as deemed necessary by, the Division, shall be
provided,
In
V. INSPECTIONS
L Prior to each residuals land application event, the Perinittee or his designee shall inspect the
residuals storage, transport, and application facilities to prevent malfunctions and
deterioration, operator errors, and discharges that may cause or lead to the release of wastes
to the environment, a threat to human health, or.a nuisance. The Permittee shall maintain an
inspection to or summary, including at least the date and firne of inspection, observations
made, and any maintenance, repairs, or corrective actions taken by the Permittee, This log of
inspections shall be maintained by the Permittee for a period of five years from the date of the
inspection and shall be made available to the Division or other permitting authority, upon
request.
I Any duly authorized officer, employee, or representative of the Division a na y, upon
presentation of credentials, enter and inspect any property, premises, or place Lin 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
to and conditions of this permit; and may obtain samples of groundwater, surface water
or leachate,
VI. GENERAL CONPITIONS
L This permit shall become voidable unless the residuals land application events are carried ratt
in accordance with the conditions of this permit, the supporting materials, and in the manner
approved by the Division,
2. This permit shall be effeetive only with respect to the nature and volume of residuals
described in the application arid other supporting data.
3, Failure to abide by the conditions and limitations contained in this pentut may subject the
Perrnittee to, an enforcement action by the Division in accordance with North Carolina
General Statttes §1 43-215,6A through §143-2 1 5.6C:
4The annual administering and compliance fee shall be paid by the Pennittee within 30 days
Y
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 211.0205 (ct(4).
5. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(i,e,, local, state, and federal) -%vhich 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 NCGO 10000,
and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC
.0500,
6. This permit may be modified, revoked, and/or reissued to incorporate any conditions,
limitations and monitoring requirements the Division deems necessx-y in order to protect the
environment and public health adequately,
7. The Permittee, at least six months prier 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 program described therein, and if warranted, shall
extend the permit for such period of time and under such conditions and limitations as it may
deem appropriate:
This permit shall not be automatically transferable. In the event that there is a desire for the
residuals lard application program to change ownership or to change the name of the
Permittee, a formal permit request ,shall be submitted to the Division documentation from the
parties involved and other supporting materials as may be appropriate. The approval of this
request shall be considered on its merits and may or may not be approved.
Permit issued this the twenty-sixth day of June, 2006.
NORTH CAROLfNA ENVIRONMENTAL MANAGEMENT CONPIVIISSION
fir, Alan W. Klimek, RE., Director
Division of eater Quality
y Authority of the Environmental Management Commission
Permit Number Q00007 1
PermitNo. FYQ#000,701
Tyson Poultry, lnc
Owner Facility Narne: Cca uty
Permit Number Issued 13y Is 503? Maximum
Monitorin
Monitoring
Approved
DryTons
Frequency for
Frequency for
Min oralization
Per ear
Condition JIL 1
Condition 111, 3. and
Rate
Condition M. 4,
-The 5,543-dry tons per year of'residaths to be land applied under the conditions of this perrint are generated from the treatment of wastewater at the Harmony, NC Rendering Plant and
Wilkesboro, NC Plant (i,e., Pretreatment Permit No. 1003-1, Issued by the Town of Wilkesboro) of Tyson Poultry, lnc., at the Case Farms Facility in Burke County, NC (Non -
Discharge Permit No, WQ000751 1); and the Townsend foods, Inc. Plant in Chathans CAunty, NC (Le., NPDF_S Permit No. NC002644 1). All residuals are mixed and treated at the
Poultry, Inc. flannorry, NC Rendering Plant and then landapplied as a single .source. Under no circurnstwozs 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 g, enerated by the,
individual plants/facilities "as is" once again, the Ptrinittee shall request approval of a formal permit modification fi-om the Division,
All residwals approved from this source alll be subsurfacely injected in order to reduce the potential generation of nuisance condiflOrLS. SUrface application methods shall be strictly
forbidden without first applying for and receivingg written authorizztion from the Division.
Permit No, WQ0000701
Page I of I
Certification Date: June 21, 2006
ATTACHMENT B - Approved Carla Application Shea
Permit Number, WQO000701
Tyson Poultry Inc
Harmony, NC, Rendering Plant Residuals wand Ap Iscation Program
W0000701 T"YSON
Total 1,52234
GWA- is dominated by soils with a mear) seasonal high water table greater than three feet below the land surface. Residuals land appfication events.may
occur on these sites year round,
GW8- is dominated by sods with a mean seasonal lriiqh water table between one and three feet below the land swface, Residuals land application
on these sites shad be prohibited from December through March, inclusive
WQ0000701 TYSON Aft B Certified June 21, 2006
April 25, 2006
IN"
Mr. Daniel Crowe, PlantManager
Tyson Poultry, Inc.
P�0. Box 158
Harmony, NC 2863i4
Miebact F. Easley, Governor
Willnun G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W, Klimek, P,E, Kirector
Division of Water QuahtY
Subject: NOTICE OF VlObATION
Permit No. WQ000701
Tyson Poultry, Harmony Rendering Plant
Land Application Site, Richmond County
Dear Mr. Crowe.
During investigation of a groundwater quality concern in the Wind Blow community of Richmond County
conducted in early 2006, it was reported to staff of the Division of" rater Quality and the Richmond County Health
Department that a dark liquid waste material had recently been applied to a field owned. by Edward Dewitt. In
response to our inquiry, Mr. Dewitt indicated that EMA, Inc. had been injecting biosolids collected from the Tyson
Foods facility under a land application permit, The application area is within 75 feet of a private supply well and a
habitable residence (2691 Derby Road), Our records indicate that the field in question is not included in the permit
for use as a land application site, which constitutes a violation of Tyson's Land Application Permit referenced
above,
Listed below are the specific violations that have been identified:
Violation No. I (Permit No. WQ000701, Section 1, 8- )
Failure to apply residuals only to sites listed in Attachment B of the permit.
violation No. 2 (NCAC 15A 211.0219 6) (5) (A) (iii)) Minimum Design Requirements
Failure to maintain the required 200 ft. buffer from a residence with injected biosolids.
Violation No. 3 (NC AC 15A 211.0219 U) (5) (13)) Minimurn Design Requirements
Failure to maintain the required 100 ft. buffer from a private water supply with biosolids application.
Aside from taking the necessary steps to prevent the recurrence of these violations, no corrective actions are
required at this time. Please be advised that this notice does not prevent the, Division of Water Quality from
pursuing enforcement action for these violations or any others past or future violations that may be discovered.
Should you have any questions concerning this matter, please feel free to contact Sean Boyles at (910) 486-1541
ext, 739.
Sincerely,
Stepht A, Barnhardt, L,G
Regional Environmental supervisor Ow
No�ihCarolina
Aquifer Protection Section Naturally
North Carolina i)ivision, of water Qualitv/Aquifer Protection section 225 Green SO Suite 714 Fayetteville, NC282t0l, Phone (910) 486-1541
FA,X (910)486-0707 Internet h2o,enr.statenc.us customer service 1-877-623-6148
An Equal oppoftunity Afflrmaqve Action Empicyer— 50% Recycled/10% Post consumer Paper
Permit Rescission or
Information to be fd'1e4_2yj by Central Offim
Facility Name: Harmony RenderPlant Residuals Land Application Program -Tyson
Permit Number: WQ0000701 , MLE
Regional Office: Mooresville COPY
County: Iredell
Date Rescission Requested: 8/16/2010
Permit Expiration: 5/31/2013
Received Original Request: Central Office Regional Office
or of Received quest® Letter Signed Annual Fee Invoice Other
Information to be fd1eA±yj Zj bi Re ow.
Please Check A ely:
7_1
Ala
Pertonned LJ Groundwater Concems Addressed
Render Decision for Rescission of the Above Referenced Permit -
Approved Denied
Note: If approved this permit will, become inactive in the BIMS database and will not be billed
through the division billing system.
Complete if Approved: Rescind Immediately
Reason for Approval
Signature of Certifier: -
"K&
Date Certified:
Return Completed and Signed Form to Ed Hardee, Aquifer Protection 11r0&7am Section
P;izI
. Tyson Foods, Inc.
August I O20 10
Mi% Ed I fatdee
Division of Water Quality — Aquifer Protection Section
North Carolina Departi-rient ot'Environment & Natural Resources
1636 Mail Service Center
Raleigh, North Carolina 27699-1636
Re- Perinit Termination request
Permit NoWQ0000701
Tyecm Foods Inc. -- River Valley Animal Foods f"acifily (RVAI-,)
Harrrion,y, North, Carol ina
Mr, I-lardee:
Insomuch as land application activities Linder the referenced permit have beet)
discontinued, Tyson requests termination of Permit No. WQ000070L Please contact me al
704.546.2602 if'l can be of' further asss I stance and/or ifyou require additk-nial inf'ormation,
Sincerely-,
(i
Dan Crowe
Plant Manager
Cc: Steve Patrick, Tyson Foods, Inc,
Bo Watson, Tyson Foods, Inc,
Doug Baxter, Tyson Foods, Inc,
Jimmv Brown, Tyson Foods. Inc.
Tyson Foods, Inc, River Valley Animal Foods 501 SheffieW Road, Harmony, NC 28634
Phone; 704 546,2602 Fax: 479.717 0349 mAvAyson,com
North Carolina Department of Environment and Natural Resources
Division of Water QuaMy
Beverly Eaves Perdue Coleer, N. Sulfins Dee Pre r a
+
Governor irectr+i. Secretary
To: ndreNk, Pitt7er
Aquifer Protection Section
Mooresville regional Office
From.- Ed Hardee
e �.
x t
Land Application Unit
quit r Protection Sectionr
Subject: Rescission Request
Tyson foods, Inc.- Harmony Renderig Plant Residuals Land Application Pro rrtrrr
Permit No, WQ0000701
Lund i%pplication of Residual Solids (503 exempt)
Ir dell County
The Aquifer Protection Section., Central Office received a request to rescind the subject permit, Please
determine if this permit should be rescinded. I have attached,a copy of the rescission request with a permit
rescission form for inforination to determine if a rescission can be issued. Please return the complete
permit rescission form to my attention.
t If you have any questions on this; matter, feel free to contact true at (ig) 75-tit
}
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LookingTYSON Harmony storage
photos taken April 20, 2012.
r fone r
to the hole f the other removed panel. The
panelsremoved areapproximately