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