WQ0036550_Complete File - Historical_20210225

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NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
May 28, 2013
MR. ALAN WARREN, PRESIDENT
SIGMA AGRISCIENCE, LLC
P. O. BOX 3
BOILING, TX 77420
RECEIVED
MAY 3" 0 2013
Asheville Regional Office
z.z Aauifer Protection
John E. Skvarla, III
Secretary
Subject: Permit No. WQ0036550
Alan Warren
Sigma AgriScience Organic Fertilizer
Distribution Program
Distribution of Animal Residual Solids
Wharton County, TX
Dear Mr. Warren:
In accordance with your May 7, 2013 permit modification request, we are forwarding herewith
Permit No. WQ0036550, dated May 28, 2013, to Alan Smith for the distribution and marketing of a
fertilizer containing animal waste residuals which meet exceptional quality standards.
This permit shall be effective from the date of issuance until April 30, 2018; 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 modification request is due to the Division of Water Quality (Division) no later than six
months prior to that date (i.e., see Condition V.7), as the Division does not send reminders to apply for
permit renewal. Be aware that payment of the annual administering and compliance fee, as stipulated in
Condition V.4 will not automatically renew this permit.
This permit approves the continued operation of the program for the distribution of a composted
fertilizer/s�il amendment product, containing animal residuals, that meets exceptional quality standards
and is marketed throughout the State of North Carolina (i.e., in bulk and in bags) for another five-year
cycle. Note that this permit does not concurrently provide a license to distribute a fertilizer, as is required
by the Fertilizer Section of the NC Department of Agriculture and Consumer Services' Plant Industry
Division. More information about applying for this license may be found at:
hLtp://www.ncagr.com/plaiitiiid/fert/fertics.htm.
The Division wants to remind you about the following issue that was discussed during the review
of this application:
♦ Conditions III.3 and HI.4 require that the product be tested and monitored regularly for
specific parameters as well as for adequate pathogen reduction. It is imperative that all
testing and monitoring be performed such that the results are representative of the entire row
of product. The Division urges you to develop a set of standard operating procedures and
recordkeeping forms to ensure that the State of North Carolina time and temperature
requirements for the composting process are met.
1636 Mail Service Center, Raleigh, North Carolina 27699-1636
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 One
Phone: [phone] FAX: [phone] NorfhCarolina
Internet: www.ncwaterauality.org ���� j`i/
An Equal Opportunity 1 Affirmative Action Employer 6/ ff

c f,-Mr. Alan,Warren
`'May 28,2`013
Page 2
If any parts, requirements, 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 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 binding.
If you need additional information concerning this matter, please contact J. R. Joshi at (919) 807-
6341 or via e-mail [e-mail].
Sincerely,
W"Z�t'�
ftor Charles Wakild, P. E.
cc: NC Department of Agriculture and Consumer Services -Plant Industry Division (Fertilizer Section)
r Asheville -Regional Office -Aquifer Protection Section
Fayetteville Regional Office -Aquifer Protection Section
Mooresville Regional Office -Aquifer Protection Section
Raleigh Regional Office -Aquifer Protection Section
Washington Regional Office -Aquifer Protection Section
Wilmington Regional Office -Aquifer Protection Section
Winston-Salem Regional Office -Aquifer Protection Section
APS Central Files
APS Files
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
DISTRIBUTION OF ANIMAL RESIDUAL SOLIDS PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Alan Warren
Wharton County, Texas
FOR THE
continued operation of a program for the distribution of up to 2,950 dry tons per year of a -composted
fertilizer/soil amendment product, containing dairy animal residuals, that meets exceptional quality
standards and is marketed throughout the State of North Carolina (i.e., in bulk and in bags). The program
shall be operated such that no discharge of wastes to the surface waters occurs, pursuant to the permit
modification request received on May 7, 2013, 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 permit shall be effective from the date of issuance until April 30, 2018, and. shall be subject
to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. The program for the distribution and marketing of a fertilizer containing animal waste
products which meet exceptional quality standards 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 in the event of failure of the distribution and marketing
program to adequately protect the assigned water quality standards of the surface waters and
groundwaters.
The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface or groundwaters resulting from the operation of this program.
4. In the event that the distribution and marketing program is not operated satisfactorily,
including the creation of nuisance conditions, the Permittee shall take any immediate
corrective actions as may be required by the Division of Water Quality (Division).

When product containing animal residuals is sold or given away for application to the land
under the conditions of this permit, one of the Class A pathogen requirements in 40 CFR Part
503.32(a) shall be met. Additionally, an evaluation shall be performed which demonstrates
the product's ability to comply with this requirement. Upon request, a copy of this
evaluation, including all test results and calculations, shall be submitted.
6. No product containing animal residuals that tests or is classified as a hazardous or toxic waste
under 40 CFR Part 261 shall be sold or given away for application to the land under the
conditions of this permit.
OPERATION AND MAINTENANCE REOUIREMENTS
1. The distribution program shall be properly operated and maintained at all times.
2. No product containing animal residuals other than that generated by the following facility shall be
approved for distribution in accordance with this permit:
Permit Volume
Facility County/State Number (Dry Tons/Year)
Sigma AgriScience Organic Wharton County, TX N/A 2,950.00
Fertilizer Distribution Program
3. Other product containing animal residuals other than that from the facility specified in Condition
I1.2 shall be distributed under the conditions of this permit. The Permittee shall request and
obtain a permit amendment from the Division for each additional facility prior to allowing
distribution through this program.
4. For a product containing animal residuals to be sold or given away in bags or other container for
application to the land under the conditions of this permit, the following shall be satisfied:
The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average
Concentrations (Dry Weight Basis) must be maintained:
Ceiling Monthly Average
Concentrations Concentrations
Parameters (mg/kg)
Arsenic
75
41
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Mercury
57
17
Molybdenum
75
----
Nickel
420
420
Selenium
100
100
Zinc
7,500
2,800
2

When distributed under the conditions of this permit, a label shall be affixed to the bag or
other container in which the product containing animal residuals is sold or given away for
application to the land, or an information sheet shall be provided to the person who receives
the product containing animal residuals sold or given away in another container for
application to the land. The label or information sheet shall contain the following
information:
a. The name and address of the person who prepared the product containing animal
residuals that is sold or given away in a bag or other container for application to the land.
b. A statement that application of the product containing animal residuals to the land is
prohibited except in accordance with the instructions on the label or information sheet.
c. A statement that application of the product containing animal residuals shall not be
applied to any land that is flooded, frozen or snow-covered.
d A statement that adequate procedures shall be provided to prevent surface runoff from
carrying any disposed or stored product containing animal residuals into any surface
waters.
e. A statement to help prevent direct application of the product containing animal residuals
to water supply sources and all other waters of the state. For example, "as with any
fertilizer product, do not apply in or near any water supply source or any body of water,
including wells, streams, rivers, and lakes."
t
III. MONITORING AND REPORTING REQUIREMENTS
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 to track all distribution activities within
the State of North Carolina. These records shall include, but are not necessarily limited to,
the following information:
a. Source, amount (i.e., volume), and analysis of each product containing animal residuals.
b. Name of the initial recipient of the product containing animal residuals, the amount (i.e.,
volume) distributed, and the intended use.
An analysis shall be conducted by the Permittee on the product containing animal residuals at
least annually from the date of permit issuance. The results of all analyses shall be
maintained on file by the Permittee for a minimum of five years. The analysis shall include
the following parameters:
Aluminum
Ammonia -Nitrogen
Arsenic
Cadmium
Calcium
Copper
Lead
Magnesium
Mercury
Molybdenum
Nickel
Nitrate -Nitrite Nitrogen
Percent Total Solids
pH
Phosphorus
Potassium
Selenium
Sodium
Total Kjeldahl Nitrogen
Zinc
Plant Available Nitrogen
(by calculation)

After the product containing animal residuals has been monitored for two years at the above -
listed frequency, 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 the product containing animal
residuals is sold or given away for application to the land during that year.
4. The product containing animal residuals shall be monitored by the Permittee annually
for compliance with Condition I.5 of this permit. The monitoring frequency cycle
shall start on the date of permit issuance, and the results of all analyses shall be
maintained on file by the Permittee for a minimum of five years. Data to verify
stabilization of the product shall be maintained by the Permittee. The required data
shall be specific to the stabilization process utilized, but should be sufficient to
demonstrate compliance with the Class A pathogen requirements in 40 CFR Part
503.32(a) clearly. In addition, the EPA certification statement concerning
compliance with pathogen requirements shall be completed at the above frequency by
the proper authority or authorities if more than one is involved, either the person who
generates the product containing animal residuals or the person who • prepares the
product to be sold or given away for application to the land.
5. Laboratory analyses and/or operational data, as required by Conditions III.3 and III.4
shall be performed/gathered on the product containing animal residuals as it is to be
distributed. 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 211.0800 or 15A NCAC
2H .1100.
6. Three copies of all required monitoring and reporting requirements as specified in
Conditions III.1, III.2, III.3, IIIA, and III.5 shall be submitted annually on or before
March 1st of the year following the distribution event to the following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. Noncompliance Notification:
The Permittee shall report by telephone to the Aquifer Protection Section of the appropriate
Division regional office (i.e., see Attachment A) 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 distribution program that results in the distribution of significant
amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the distribution program resulting in a release of material to receiving
waters.
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c. Any time that self -monitoring information indicates that the distribution program has
gone out of compliance with the conditions and limitations of this permit or the
parameters on which the facility was designed.
d. Any process unit failure, due to known or unknown' reasons, that render the facility
incapable of adequate treatment.
e. Any spillage or discharge from a vehicle or piping system during transportation of
residuals or product containing animal residuals.
Persons reporting such occurrences by telephone shall also file a written report in letterform
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. INSPECTIONS
1. The Permittee or his designee shall inspect .the storage, transport, and treatment facilities
related to the distribution program 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 Permittee shall 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 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.
2. Any duly authorized officer, employee, or representative of the Division may, upon
presentation of credentials, enter and inspect any property, premises or place on or related to
the distribution program 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.
V. GENERAL CONDITIONS
This permit shall become voidable unless the distribution program is operated in accordance
with the conditions of this permit, the supporting materials, and in the manner approved by
the Division. N
2. This permit shall be effective only with respect to the nature and volume of product
containing animal residuals described in the application and other supporting data.
Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statutes § 143-215.6A through § 143-215.6C.
4. The annual administering and compliance fee shall be paid by the Permittee within 30 days
after being billed by the Division. Failure to pay the fee accordingly may cause the Division
to initiate action to revoke this permit, as specified by 15 NCAC 2H .0205 (c)(4).

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) 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 10000,
and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC
.0500.
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.
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
distribution 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.
Permit issued this the twenty-eighth day of May, 2013.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
�r Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0036550
6

Attachment A
DIVISION OF WATER QUALITY REGIONAL OFFICES
Asheville Regional Office
Fayetteville Regional Office
Mooresville Regional Office
APS Supervisor
APS Supervisor
APS Supervisor
2090 U.S. Highway 70
Wachovia Building, Suite 714
919 North Main Street
Swannanoa, NC 28778
Fayetteville, NC 28301
Mooresville, NC 28115
Phone: [phone]
Phone: [phone]
Phone: [phone]
Fax: [phone]
Fax: [phone]
Fax: [phone]
Avery Macon
Anson Moore
Wharton, TX Lincoln
Buncombe Madison
Bladen Robeson
Cabarrus Mecklenburg
Burke McDowell
Cumberland Richmond
Catawba Rowan
Caldwell Mitchell
Harnett Sampson
Cleveland Stanly
Cherokee Polk
Hoke Scotland
Gaston Union
Clay Rutherford
Montgomery
Iredell
Graham Swain
Haywood Transylvania
Henderson Yancey
Jackson
Raleigh Regional Office
APS Supervisor
3800 Barrett Drive
Raleigh, NC 27609
Phone: [phone]
Fax: [phone]
Washington Regional Office
APS Supervisor
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
Wilmington Regional Office
APS Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Fax: [phone]
Chatham
Nash
Beaufort
Jones
Brunswick New Hanover
Durham
Northampton
Bertie
Lenoir
Carteret Onslow
Edgecombe
Orange
Camden
Martin
Columbus Pender
Franklin
Person
Chowan
Pamlico
Duplin
Granville
Vance
Craven
Pasquotank
Halifax
Wake
Currituck
Perquimans
Johnston
Warren
Dare
Pitt
Lee
Wilson
Gates
Tyrell
Greene
Washingtoh
Hertford
Wayne
Hyde
Winston-Salem Regional Office
APS Supervisor
585 Waughtown Street
Winston-Salem, NC 27107
Phone: [phone]
Fax: [phone]
Alamance Rockingham
Alleghany Randolph
Ashe
Stokes
Caswell
Surry
Davidson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford
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