Loading...
HomeMy WebLinkAboutWQ0018347_Complete File - Historical_20210225`+ g __3. MCDENK North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor RICHARD J. NEWMASTER - CFO LEBANON SEABOARD CORPORATION 1600 CUMBERLAND STREET LEBANON, PENNSYLVANIA 17042 Dear Mr. Newmaster: Division of Water Quality Coleen H. Sullins Director January 8, 2010 w �7 Dee Freeman Secretary ,v onalOffice Subject: Permit No. VV6001`8347 Lebanon Seaboard Corporation Dry Roots (3-3-3), Endo Roots (3-3-4), M-roots (3-3-3), and 1-Step (2-272) Distribution Program Distribution of Animal Residual Solids Roanoke County, Virginia In accordance with your change of ownership request received November 9, 2009, we are forwarding herewith Permit No. WQ0018347, dated January 8, 2010, to Lebanon Seaboard Corporation for the continued operation of the subject animal residuals distribution program. The owner name has been changed from Novozymes Biologicals, Inc. to Lebanon Seaboard Corporation. Please note that on August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State," was enacted by the General Assembly and signed into law. The Act, known as the Permit Extension Act of 2009, extends the expiration date of certain government approvals and permits. Non -discharge permit WQ0018347 issued by the Division of Water Quality falls within the scope of this Act and is therefore being extended until September 3.0, 2013. Please note per your permit, a renewal application must be submitted six months in advance of the extended expiration date. This permit shall be effective from the date of issuance until September 30, 2013, shall void Permit No. WQ0018347 issued October 12, 2005, and shall be subject to the conditions and limitations as specified therein. Please 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. This permit approves the continued operation of the subject program for the distribution of a composted fertilizer/soil amendment product, containing poultry animal residuals, that meets exceptional quality standards and is marketed under the product names Dry Roots (3-3-3), Endo Roots (3-3-4), M- Roots (3-3-3), and 1-Step (2-2-2) throughout the state of North Carolina (i.e., in bulk and bags). 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 AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 One Phone: 919-7 33-3221 i FAX t 919-715-0588; FAX 2; 919-715-60481 Customer Service: 1-877-623-6748 N ofth Cw-oh.na Internet-- www.ncwateraualO.org An Equal Opportunity's Affirmative Action Employer Nlinalff Mr. Richard J. Newmaster January 8, 2010 Page 2 of 2 information about applying for this license may be found at the following web address: littn: //wv,w.nca(r. Erov/plantindustry/fertilizer/index.htm. 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 thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the 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 Lori Montgomery at (919) 715-6187 or lori.montgomery@ncdenr.gov. Sincerely, � • aFCc.o-�-'� oleen H. Sullins �C cc: NC Department of Agriculture and Consumer Services, Plant Industry Division, Fertilizer Section slieville Reg gnaaI Off ce@Aquifer m) •otect' on.Sectio Fayetteville Regional Office, Aquife ect ET 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 Permit File WQ0018347 Notebook'File WQ0018347 ruE (D-12�ViF0 NORTH CAROLINA 'Ili ENVIRONMENTAL MANAGEMENT COMMISSION ­.vi0�s Regional Office DEPARTMENT OF ENVIRONMENT AND NATURAL RESOUREE$vr Protection RALEIGH PERMIT FOR THE DISTRIBUTION OF ANIMAL RESIDUAL. SOLIDS 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 Lebanon Seaboard Corporation Roanoke County, Virginia FOR THE continued operation of a program for the distribution of up to 700 dry tons per year of a composted fertilizer/soil amendment product containing poultry animal residuals, marketed under the names: Dry Roots (3-3-3), Endo Roots (3-3-4), M-Roots (3-3-3), and 1-Step (2-2-2); generated by the source - generating facilities listed in the most recently -certified Attachment A with no discharge of wastes to surface waters, pursuant to the change of ownership request received on November' 9, 2009 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 September 30, 2013, shall void Permit No. WQ0018347 issued October 14, 2005, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. II. PERFORMANCE STANDARDS 1. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this animal residuals distribution program. 2. 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 distribution in accordance with this permit. WQ0018347 Version 2.1 Shell Version 090204 Page 1 of 7 3. The pollutant concentrations in any residuals that are distributed site shall not exceed the following Ceiling and Monthly Average Concentrations (i.e., dry weight basis) Parameter Monthly Average Concentration (mg/kg) Ceiling Concentration (mg/kg) Arsenic 41 75 Cadmium 39 85 Copper 1,500 4,300 Lead 300 840 Mercury 17 57 Molybdenum n/a 75 Nickel 420 420 Selenium 100 100 Zinc 2,800 7,500 4: When residuals are distributed under the conditions of this permit, one of the Class A pathogen requirements in 40 CFR 503.32(a) shall be met. Additionally, an evaluation shall be performed that 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. 5. No product containing animal residuals that 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. I111. OPERATION AND MAINTENANCE REQUIREMENTS 1. The animal residuals distribution program shall be effectively maintained and operated at all times as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. 2. In the event that the animal residuals distribution program is not operated satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease distribution of residuals to the sites impacted. In addition, the Permittee shall contact the Aquifer Protection Section of the appropriate Division regional office, and take any immediate corrective actions as may be required by the Division. These action(s) do not prevent the Division from subsequently taking actions in response to any violations consistent with the condition of this permit, North Carolina Administrative Code rules, regulations, and the NC General Statutes. 3. This permit shall become voidable and may be rescinded by the Division in the event of failure of the animal residuals distribution program to adequately meet the conditions of this permit and protect the assigned water quality standards of the surface waters and groundwater. WQ0018347 Version 2.1 Shell Version 090204 Page 2 of 7 4. A label shall be affixed to the bag or other container in which residuals that are sold or given away, or an information sheet shall be provided to the person who receives the residuals sold or given away in other containers. 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 residuals to the land is prohibited except in accordance with the instructions on the label or information sheet. c. A statement which identifies that this material shall be prevented from entering any public or private water supply source (including wells) and any stream, lake, or river. d. A statement that the application of the product containing animal residuals shall not be applied to ally land that is flooded, frozen, or snow-covered. IV. MONITORING AND REPORTING REOUMEMENTS 1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. 2. An analysis shall be conducted on the animal residuals product generated for distribution at the frequency listed in the most recently certified Attachment A of this permit. The results shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Magnesium pH Ammonia -Nitrogen Mercury Plant Available Nitrogen (by calculation) Arsenic Molybdenum Selenium Cadmium Nickel Sodium Calcium Nitrate -Nitrite Nitrogen % Total Solids Copper Phosphorus TKN Lead Potassium Zinc 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 the product containing animal residuals is sold or given away for application to the land during that year. The product containing animal residuals shall be monitored by the Permittee for compliance with Condition 11.4. at the frequency specified in the most recently certified Attachment of this permit. The results of all analysis as well as data to verify stabilization of the product shall be maintained on file by the Permittee for a minimum of five (5) years. The required data shall be specific to the stabilization process utilized, and should be sufficient to clearly demonstrate compliance with the Class A pathogen requirements in 40 CFR Part 503.32(a). In addition, the EPA certification statement concerning compliance with -pathogen requirements shall be completed by the proper authority (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) at the frequency specified in the most recently certified Attachment A of this permit. WQ0018347 Version 2.1 Shell Version 090204 Page 3 of 7. 4. Laboratory analyses of parameters as required by Conditions IV. 2. and IV.3. shall be performed/gathered on the product containing animal residuals as it is to be distributed. 5. Laboratory analyses of parameters as required by Conditions IV. 2. and IV.3. shall be in accordance with 15A NCAC 02B .0505. 6. 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 and 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. 7. All records required as part of this permit shall be retained a minimum of five years. Three copies of an annual report shall be submitted on or before March 1". The annual report shall meet the requirements described in the Instructions For Residuals Application Annual Reporting Forms. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http://h2o.enr.state.nc.us/lau/conipliance.html, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 ,9. Noncompliance Notification The Permittee shall report by telephone to the Aquifer Protection Section of the nearest Division of Water Quality Regional Office (see permit Page 8 for regional office listing and contact information) as soon as osp sible, 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 which results in the land application 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. c. Any time that self -monitoring information indicates that the facility 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 render the facility incapable of adequate residuals treatment. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals. Any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours must be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733- 3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. WQ0018347 Version 2.1 Shell Version 090204 Page 4 of 7 V. INSPECTIONS The Permittee 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 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 land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. V. GENERAL CONDITIONS This permit shall become voidable unless the activities of the animal residuals distribution program 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. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to 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 Peni ittee within 30 days of 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 2T .0105 (e). The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200, 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 02B .0200 and 02H .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. 7. This permit shall not be automatically transferable. In the event that there is a desire for the class A residuals management program to change ownership or to change the name of the Pennittee, 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. WQ0018347 Version 2.1 Shell Version 090204 Page 5 of 7 DIVISION OF WATER QUALITY REGIONAL OFFICES Asheville Regional Office 2090 U.S. Hwy 70 Swannanoa, NC 28778 (828) 296-4500 Fax (828) 299-7043 Washington Regional Office 943 Washington Square Mall Washington, NC 27889 (919)946-6481 Fax (919) 975-3716 Raleigh Regional Office 3800 Barrett Drive Raleigh, NC 27609 (919)791-4200 Fax (919) 571-4718 Avery Macon Beaufort Jones Chatham Nash Buncombe Madison Bertie Lenoir Durham Northampton Burke McDowell Camden Martin Edgecombe Orange Caldwell Mitchell Chowan Pamlico Franklin Person Cherokee Polk Craven Pasquotank Granville Vance Clay Rutherford Currituck Perquimans Halifax Wake Graham Swain Dare Pitt Johnston Warren Haywood Transylvania Gates Tyrell Lee Wilson Henderson Yancy Greene Washington Jackson Hertford Wayne Hyde Fayetteville Regional Office Mooresville Regional Office Wilmington Regional Office Systel Building, Suite 714 610 East Center Avenue, Suite 301 127 Cardinal Drive Extension Fayetteville, NC 28301 Mooresville, NC 28115 Wilmington, NC 28405-3845 (910)433-3300 (704)663-1699 (910)796-7215 Fax (910) 486-0707 Fax (704) 663-6040 Fax (910) 350-2004 Anson Alexander Lincoln Brunswick New Hanover Bladen Robeson Cabarrus Mecklenburg Carteret Onslow Cumberland Richmond Catawba Rowan Columbus Pender Harnett Sampson Cleveland Stanly Duplin Hoke Scotland Gaston Union Montgomery Moore lredell Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 (910)771-5000 Fax (910) 771-4631 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford WQ0018347 Version 2.1 Shell Version 090204 Page 7 of 7 ATTACHMENT A - Approved Residual Sources Permit Number: `VQ0018347 Version: 2.1 Lebanon Seaboard Corporation Certification Date: 01/08/2010 Owner Facility Name County Permit Number Is 503? Maximum Dry Tons Per Year Monitoring Frequency for Condition IV. 2. and Condition IV. 3. b Lebanon Seaboard Corporation Distribution Program for: Dry Roots (3-3-3), Endo Roots (3-3-4), NI -roots (3-3-3), and l-Step(2-2-2) Roanoke, VA N/A' No 700 Quarterly Total 'The composting operations are at Daylay Egg Farms, Inc., 1,1 177 Road 113, West Mansfield, OH 43358. However, the final product formulations are made at the Lebanon Seaboard facilities in Salem, VA. b Monitoring frequencies are based on the actual dry tons applied per year, unless specified. The Monitoring Frequency Requirements Table below shall be, used to determine appropriate sampling Frequency. The Permittee is responsible for managing program to assure that adequate sampling is performed. Monitorinu Frequency Requirements My Tons Generated (short tons per year) Monitoring Frequency (Established in 40 CFR 503 and 15A NCAC 02T .111 <319 1/Year =>319 - <1,650 . 1/ Quarter (4 times per year) =>1,650 - <16,500 I/60 Days (6 times per year) => 16,500 1 /month (12 times per year) WQ0018347 Version 2.1 ATTACl1MENT A Page 1 of l