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HomeMy WebLinkAboutWQ0031725_Final Permit_20210713 July 13, 2021 S COTT J. O VERBECK S ITE D IRECTOR B AXTER H EALTHCARE C ORPORATION P OST O FFICE B OX 1390 M ARION, N ORTH C AROLINA 28752 Subject: Permit No. WQ0031725 Baxter Healthcare Corporation RLAP Land Application of Class B Residuals McDowell County Dear Mr. Overbeck: In accordance with your permit renewal request received February 25, 2021, and subsequent additional information received June 18, 2021, we are forwarding herewith Permit No. WQ0031725 dated July 13, 2021, to Baxter Healthcare Corporation for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on September 1, 2021 (i.e., the day after the expiration date of the existing permit). This permit shall be effective from September 1, 2021 through June 30, 2027, shall void Permit No. WQ0031725 issued July 14, 2016, and shall be subject to the conditions and limitations as specified therein. The Permittee shall submit a renewal application no later than January 1, 2027. Please pay particular attention to the monitoring requirements listed in Attachments A for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note that on September 1, 2018, North Carolina Administrative Code Title 15A Subchapter 02T Waste not Discharged to Surface Waters was readopted. Accordingly, this permit incorporates the requirements of these rules, therefore, please take the time to review this permit thoroughly. The Division has removed the following permit conditions since the last permit issuance dated July 14, 2016: Old Condition III.10. This condition has been replaced by New Condition III.10. Old Condition III.13. This condition has been replaced by Condition III.11. Old Condition VI.2. This condition has been removed because the permit is not voidable. Mr. Scott J. Overbeck July 13, 2021 Page 2 of 2 The following permit conditions are new since the last permit issuance dated July 14, 2016: Condition II.8. The setback requirements have been updated. Condition III.8. This condition lists the requirements for staging and storing biological residuals to be land applied so that leachate runoff is prevented. Condition III.10.k. This condition prohibits land application of Class B residuals within watersheds classified as WS-I or within the Critical Area of WS-II through WS-IV. Condition IV.8. The formatting requirements for the annual reports have been changed. Annual reports shall now be submitted as one hard copy and one electronic copy. Condition VI.3. This condition states that there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein, unless specifically requested by the permittee. Condition VI.8. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall 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 at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. If you need additional information concerning this permit, please contact Poorva Mokashi at (919) 707-3661 or poorva.mokashi@ncdenr.gov. Sincerely, S. Daniel Smith, Director Division of Water Resources cc: McDowell County Health Department (Electronic Copy) Wilkes County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Zach Key U.S. Biosolids, Inc. (Electronic Copy) Steve Reid Protection and Enforcement Branch (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH LAND APPLICATION OF CLASS B RESIDUALS 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 Baxter Healthcare Corporation McDowell County FOR THE continued operation of a residuals management program for Baxter Healthcare Corporation and consisting of the land application of Class B residuals generated by the approved facility listed in Attachment A to the approved fields listed in Attachment B, with no discharge of wastes to surface waters, pursuant to the application received February 25, 2021, subsequent additional information received June 18, 2021, and in conformity with other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. The disposal of residuals is regulated under Title 40 Code of Federal Regulations Part 503. This permit does not exempt the Permittee from complying with Federal Regulation 40 CFR Part 503. This permit shall be effective from September 1, 2021 through June 30, 2027, shall void Permit No. WQ0031725 issued July 14, 2016, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. The Permittee shall request renewal of this permit on Division-approved forms no later than January 1, 2027. \[15A NCAC 02T .0105(b), 02T .0109\] II. PERFORMANCE STANDARDS 1. The Permittee shall maintain and operate the subject residuals management program so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the residuals management program fails to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease land applying residuals, take immediate corrective actions, and contact the Asheville Regional Office supervisor. \[15A NCAC 02T .0108(b)(1)(A)\] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this residuals management program. \[15A NCAC 02T .0108(b)(1)(A)\] 3. Only residuals generated by the facility listed in Attachment A are approved for land application in accordance with this permit. \[15A NCAC 02T .1101\] WQ0031725 Version 3.0 Shell Version 210625 Page 1 of 12 4. Only the fields listed in Attachment B are approved for residuals land application. \[G.S. 143- 215.1(a)(9)\] 5. Pollutant concentrations in residuals land applied to the sites listed in Attachment B shall not exceed the following Ceiling Concentrations or Cumulative Pollutant Loading Rates (CPLRs), on a dry weight basis: Ceiling Cumulative Pollutant Loading Rates Concentration Parameter (mg/kg) (kg/ha) (lbs/ac) Arsenic 75 41 36 Cadmium 85 39 34 Copper 4,300 1,500 1,338 300 267 Lead 840 Mercury 57 17 15 Molybdenum 75 N/A N/A Nickel 420 420 374 Selenium 100 100 89 Zinc 7,500 2,800 2,498 The Permittee shall determine compliance with the CPLRs using one of the following methods: a. By calculating the existing cumulative level of pollutants using actual analytical data from all historical land application events of residuals, or b. For land where residuals application has not occurred or for which the required data is incomplete, by determining background concentrations through representative soil sampling. \[15A NCAC 02T .1105(a), 02T .1105(b)\] 6. Class B biological residuals shall meet the pathogen reduction requirements in 15A NCAC 02T .1106 (b). Exemptions to this requirement shall be specified in Attachment A. \[15A NCAC 02T .1106(b), 02T .1106(d)\] 7. Class B biological residuals shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a). Exemptions to this requirement shall be specified in Attachment A. \[15A NCAC 02T .1107(a), 02T .1107(c)\] WQ0031725 Version 3.0 Shell Version 210625 Page 2 of 12 8. The sites herein were permitted per the following setbacks: a. Setbacks for Class B land application sites are as follows (all distances in feet): Surface Irrigation Injection / Application Surface Incorporation by Vehicle Application i. Each habitable residence or place of assembly 400 400 200 under separate ownership: ii. Each habitable residence or places of assembly owned by the Permittee, the owner of the land, 0 200 0 or the lessee or operator of the land: 111 iii. Each property line: 50 150 50 iv. Public right of way: 50 50 50 v. Each private or public water supply source: 100 100 100 vi. Surface waters such as intermittent and perennial streams, perennial waterbodies, and 32.8 32.8 32.8 wetlands: vii. Surface water diversions such as ephemeral 25 25 25 streams, waterways, and ditches: viii. Groundwater lowering ditches where the 25 100 25 bottom of the ditch intersects the SHWT: ix. Subsurface groundwater lowering systems: 0 100 0 x. Each well with exception of monitoring wells: 100 100 100 xi. Bedrock outcrops: 25 25 25 xii. Top of slope of embankments or cuts of two 15 15 15 feet or more in vertical height: xiii. Each building foundation or basement: 0 15 0 xiv. Each water line: 0 10 0 xv. Nitrification field: 0 20 0 1 Setbacks to property lines are not applicable when the Permittee, the entity from which the Permittee is leasing, or the entity that executed the notarized landowner agreement, owns both parcels separated by the property line. \[15A NCAC 02T .1108(c)\] 9. Class B land application areas shall be clearly marked on each site prior to and during any residuals application event. \[15A NCAC 02T .0110(g)\] WQ0031725 Version 3.0 Shell Version 210625 Page 3 of 12 10. Residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. re-approved site specific historical data for specific crop or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science (http://nutrients.soil.ncsu.edu/yields/index.php). A copy shall be kept on file and reprinted every five years in accordance with Condition IV.6. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application rates reported in any of the following documents: i. Crop management plan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group - Guidance Document: Chapter 1 (http://www.ncagr.gov/SWC/tech/documents/9th_Guidance_Doc_100109.pdf). iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards (ftp://ftp-fc.sc.egov.usda.gov/NHQ/practice-standards/standards/590.pdf). d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. \[15A NCAC 02T .1109(a)(1)(K)\] 11. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by 25%. \[15A NCAC 02T .0108(b)(1)(A)\] 12. If residuals land application sites are to be over-seeded or double-cropped (e.g., bermuda grass in the summer and rye grass in the winter with both crops to receive residuals), then the second crop can receive an application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ac/yr). This practice may be allowed as long as the second crop is to be harvested or grazed. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no additional PAN shall be applied. \[15A NCAC 02T .0108(b)(1)(A)\] 13. Prior to land application of residuals containing a sodium adsorption ratio (SAR) of 10 or higher, the Permittee shall obtain and implement recommendations from at least one of the following: the local Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee shall maintain written records of these recommendations and details of their implementation. \[15A NCAC 02T .0108(b)(1)(A)\] 14. These residuals land application fields were individually permitted on or after December 30, 1983; therefore the compliance boundary is established at either 250 feet from the residual land application area, or 50 feet within the property boundary, whichever is closest to the residual land application area. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division-approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. \[15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-215.1(i), G.S. 143- 215.1(k)\] WQ0031725 Version 3.0 Shell Version 210625 Page 4 of 12 15. The review boundary is midway between the compliance boundary and the residual land application area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. \[15A NCAC 02L.0106(d)(1), 02L .0108\] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the residuals management program as a non-discharge system. \[15A NCAC 02T .1100\] 2. The Permittee shall notify the Asheville Regional Office, telephone number (828) 296-4500, and the appropriate local government official (i.e., county manager, city manager, or health director) at least initial residuals land application event. \[15A NCAC 02T .0108(b)(1)(A)\] 3. The Permittee shall notify the Asheville Regional Office, telephone number (828) 296-4500, at least one business day in advance of conducting any land application activity. Notification shall include the anticipated application date, time, and field name as listed in Attachment B. Exceptions to this requirement shall be approved by the Asheville Regional Office. \[15A NCAC 02T .0108(b)(1)(A)\] 4. The Permittee shall maintain a Division-approved Operation and Maintenance Plan that shall include: a. Description of the program, and associated facilities and equipment, in sufficient detail to show what operations are necessary for the program to function and by whom the functions are to be conducted; b. Description of anticipated maintenance of facilities and equipment associated with the program; c. Include provisions for safety measures, including restriction of access to sites and equipment; d. Spill control provisions: i. Response to upsets and bypasses including control, containment, and remediation; and ii. Contact information for plant personnel, emergency responders, and regulatory agencies; e. Detailed inspection procedures: i. Names or titles of personnel responsible for conducting inspections; ii. Frequency and location of inspections, and procedures to assure that the selected locations and inspection frequency are representative of the residuals management program; and iii. Description of record keeping and actions to be taken by the inspector in the event that noncompliance is observed; f. Detailed sampling and monitoring procedures: i. Names or titles of personnel responsible for conducting sampling and monitoring; ii. Description of monitoring procedures including parameters to be monitored; and iii. Sampling frequency and procedures to assure that representative samples are collected. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to meet pathogen and vector attraction reduction requirements. \[15A NCAC 02T .1110(a)\] 5. classification of the residuals management program, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G 0204 and shall comply with all other requirement in 15A NCAC 08G 0204. \[15A NCAC 02T .0117, 08G .0204\] WQ0031725 Version 3.0 Shell Version 210625 Page 5 of 12 6. The Permittee shall ensure that a copy of this permit and the Division-approved Operation and Maintenance Plan is available when land applying residuals. \[15A NCAC 02T .1110(b)\] 7. The Permittee shall ensure that spill control provisions are available when transporting or land applying residuals. \[15A NCAC 02T .1110(a)(4)\] 8. Class B residuals shall not be stored or staged at any land application site without prior written approval from the Division. Class B residuals approved for storage shall be stored or staged in a manner to prevent runoff of leachate and other wastewaters generated. \[15A NCAC 02T .1110(c), 02T .1110(e)\] 9. Adequate measures shall be taken to prevent wind erosion and runoff from the land application sites listed in Attachment B. \[15A NCAC 02T .0108(b)(1)(A)\] 10. Class B residuals shall not be land applied under the following conditions: a. If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat; b. If the application causes nuisance conditions; c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface water or groundwater standards; d. If the land is flooded, frozen, or snow-covered, or is otherwise in a condition such that runoff of the residuals would occur; e. Within the 100-year flood elevation, unless the residuals are injected or incorporated within a 24- hour period following a residuals land application event; f. During precipitation events, or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; g. If the slope of the land is greater than 10% when liquid residuals are surface applied, or if the slope of the land is greater than 18% when liquid residuals are injected or incorporated; h. If the land does not have an established vegetative cover crop unless the land is a Division-approved no-till site, or the residuals are injected, or incorporated within a 24-hour period following the application of residuals; i. If the vertical separation of the seasonal high water table and the depth of residuals application is less than one foot; j. If the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; k. If the land application sites are located within a WS-I watershed pursuant to 15A NCAC 02B .0212 or within the Critical Area of a WS-II pursuant to Sub-Item (4)(g) of Rule 15A NCAC 02B .0212, or within the Critical Area of a WS-III or WS-IV watershed pursuant to Sub-Item (4)(h) of Rules 15A NCAC 02B .0215, and .0216. \[15A NCAC 02T .1109(a)(1)\] 11. Class B land application sites shall have the following public access restrictions: a. Public access to public contact sites shall be restricted for one calendar year after a residuals land application event; b. Public access to non-public contact sites shall be restricted for 30 days after a residuals land application event; c. Public access to land associated with a dedicated land application site shall be restricted continuously while the land is permitted for active use, and for one calendar year after the final land application of residuals. \[15A NCAC 02T .1109(a)(2)\] WQ0031725 Version 3.0 Shell Version 210625 Page 6 of 12 12. Class B land application sites shall have the following harvesting and grazing restrictions: a. Animals shall not be allowed to graze on land for 30 calendar days after any land application of residuals; b. Food crops, feed crops, and fiber crops shall not be harvested for 30 calendar days after any land application of residuals; c. Food crops with harvested parts that touch the mixture of residuals and soil and are totally above the land surface shall not be harvested for 14 months after any land application of residuals; d. Food crops with harvested parts below the land surface shall not be harvested for 20 months after any land application of residuals if the residuals remain on the land surface for four months or longer prior to incorporation into the soil; e. Food crops with harvested parts below the land surface shall not be harvested for 38 months after any land application of residuals if the residuals remain on the land surface for less than four months prior to incorporation into the soil; and f. Turf grown on land where residuals are applied shall not be harvested for one calendar year after any land application of residuals. \[15A NCAC 02T .1109(a)(3)\] 13. The Permittee shall acquire from each landowner or lessee/operator a statement detailing the volume of other nutrient sources (i.e., manufactured fertilizers, manures, or other animal waste products) that have been applied to the site, and a copy of the most recent Nutrient Management Plan (NMP) for those operations where a NMP is required by the US Department of Agriculture National Resources Conservation Service (NRCS) or other State Agencies. The Permittee shall calculate allowable nutrient loading rates based on the provided information and use appropriate reductions. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan (WUP) or Certified Nutrient Management Plan (CNMP) shall also be considered a Nutrient Management Plan. \[15A NCAC 02T .0108(b)(1)(A), 02T .1104(c)(3)\] 14. Class B residuals shall not be land applied to the fields listed in Attachment B unless the Landowner Agreement between the Permittee and the respective field owners or lessees/operators of the land application site is valid. The Landowner Agreements shall expire concurrent with the permit expiration date of June 30, 2027. \[15A NCAC 02T .1104(c)(4)\] WQ0031725 Version 3.0 Shell Version 210625 Page 7 of 12 IV. MONITORING AND REPORTING REQUIREMENTS 1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this \[15A NCAC 02T .0108(c)\] 2. The residuals from each source generating facility shall be analyzed to demonstrate they are non- hazardous under the Resource Conservation and Recovery Act (RCRA). Residuals that test or are classified as a hazardous or toxic waste under 40 CFR Part 261 shall not be land applied. The analyses (i.e., corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)) shall be performed at the frequency specified in Attachment A, and the Permittee shall maintain these results for five years. Any exemptions from the requirements in this condition shall be specified in Attachment A. The TCLP analysis shall include the following parameters, and the Federal regulatory level (mg/L) is in parentheses: Arsenic (5.0) 1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0) Barium (100.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) Benzene (0.5) 1,1-Dichloroethylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Heptachlor (and its epoxide) Chlordane (0.03) Tetrachloroethylene (0.7) (0.008) Chlorobenzene (100.0) Hexachlorobenzene (0.13) Toxaphene (0.5) Chloroform (6.0) Hexachlorobutadiene (0.5) Trichloroethylene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0) m-Cresol (200.0) Lead (5.0) 2,4,6-Trichlorophenol (2.0) 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) Once the residuals have been monitored for two years at the frequency specified in Attachment A, the Permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per permit cycle. \[15A NCAC 13A .0102(b), 02T .1101, 02T .1105\] WQ0031725 Version 3.0 Shell Version 210625 Page 8 of 12 3. The residuals from each source generating facility shall be analyzed at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. Each analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia-Nitrogen Molybdenum Selenium Arsenic Nickel Sodium Sodium Adsorption Ratio Cadmium Nitrate-Nitrite Nitrogen (SAR) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Plant Available Nitrogen Magnesium (by calculation) \[15A NCAC 02T .1101\] 4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A. The monitoring results shall specify the stabilization process utilized, and demonstrate compliance with the Class B pathogen reduction requirements in 15A NCAC 02T .1106(b), and one vector attraction reduction requirement in 15A NCAC 02T .1107(a) shall be met. Any exemptions from the requirements in this condition shall be specified in Attachment A. \[15A NCAC 02T .1106(b), 02T .1107(a), 02T .1111(c)\] 5. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site listed in Attachment B that received residuals during the calendar year. This analysis shall be in accordance with the soil sampling guidance located in the Sampling Instructions (http://www.ncagr.gov/agronomi/pubs.htm). The Permittee shall maintain these results for a period of no less than five years, and these results shall be made available to the Division upon request. Each Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium PercentagePhosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH \[15A NCAC 02T .0108(c), 15A NCAC 02T .1111(d)\] 6. Representative samples of residuals that are prepared for land application shall be collected and analyzed. \[15A NCAC 02T .1111(a)\] WQ0031725 Version 3.0 Shell Version 210625 Page 9 of 12 7. The Permittee shall maintain records for all residual land application events. These records shall include the following: a. Residuals source (as listed in Attachment A); b. Date of application; c. Location of land application (field name as listed in Attachment B); d. Approximate acreage applied; e. Method of application; f. Weather conditions; g. Dominant soil series; h. Soil conditions; i. Proposed crop; j. Nitrogen Application Rate based on RYEs; k. Volume of residuals applied per acre in gallons, cubic yards, dry tons, or wet tons; l. Volume of animal waste or other nutrient source applied per acre in gallons, cubic yards, dry tons, or wet tons; m. Volume of soil amendments applied per acre in gallons, cubic yards, dry tons, or wet tons; and n. Annual and cumulative totals applied to each field for the following: i. Class A and Class B residuals (dry tons per acre); ii. Animal waste and other sources of nutrients (dry tons per acre); iii. Heavy metals as specified in Condition II.5. (pounds per acre); iv. Plant available nitrogen (pounds per acre); and v. Phosphorus (pounds per acre). \[15A NCAC 02T .0108(c)\] st 8. One hard copy and one electronic copy 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. Instructions for reporting and annual report forms are available at http://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/non- discharge-permitting-unit/reporting-forms, or can be obtained by contacting the Non-Discharge Branch directly. The annual report shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 \[15A NCAC 02T .1111(d)\] 9. Noncompliance Notification The Permittee shall report to the Asheville Regional Office, telephone number (828) 296-4500, within 24 hours of first knowledge of the: a. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate residual treatment. b. Any failure resulting in a discharge to surface waters. c. Any time self-monitoring indicates the program has gone out of compliance with its permit limitations. d. Land application of residuals abnormal in quantity or characteristic. e. Any discharge from a vehicle or piping system transporting residuals. Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Asheville Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. \[15A NCAC 02T .0108(b)(1)(A)\] WQ0031725 Version 3.0 Shell Version 210625 Page 10 of 12 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the storage, distribution, and application facilities. \[15A NCAC 02T .1110(f)\] 2. The Permittee shall inspect the residuals processing, storage, transport, and application facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of inspection, and this log shall be made available to the Division upon request. \[15A NCAC 02T .0108(b)(1)(A), 02T .1110(f)\] 3. Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the land application sites or facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. \[G.S. 143-215.3(a)(2)\] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. \[G.S. 143-215.6A, 143-215.6B, 143-215.6C\] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division-approved plans and specifications. \[G.S. 143-215.1(d)\] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. \[15A NCAC 02T .0105(n)\] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. \[15A NCAC 02T .0105(c)(6)\] 5. If the permitted residuals program change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division-approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor- owner. \[G.S. 143-215.1(d3)\] WQ0031725 Version 3.0 Shell Version 210625 Page 11 of 12 6. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02T; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. i. are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. d compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. \[15A NCAC 02T .0110\] 7. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. \[15A NCAC 02T .0120(b), 02T .0120(d)\] 8. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. \[15A NCAC 02T .0120(c)\] th Permit issued this the 13 day of July 2021 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ____________________________________________ S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0031725 WQ0031725 Version 3.0 Shell Version 210625 Page 12 of 12 1 of 1 data is 0.3 Rate Page Approved nvironmental Version: 3.0 Mineralization E July 13, 2021 no sampling 4, 5 & then , 31725 United States Annually Monitoring Pathogen Reductions Frequency for Vector Attraction Certification Date: . 3, 5 2 the annual report to Annually Metals and Monitoring Nutrients Frequency for Permit Number: WQ00 2 . required to submit hazardous - Annually Monitoring . Frequency for Non Characteristics 1 ) ear) ear) 200200 x Year x Y x Y er Year ) Dry Tons p Maximum (12 (c) ays (6 permitted facility.d EPA for additional information . uarter (4 4 60 .1111 US Yes each Residuals Biological Attachment A from Monitoring Frequency Once per year (Annually) Once per q Once per Once per month ontact the (40 CFR 503 and 15A NCAC 02T . C Permit no land application occur during an entire year when annual monitoring is required) Number , NC0006564 . 3 ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV. land application County McDowell < 319 Dry Tons Applied (short tons per year) hazardous (i.e., TCLP, - reductions as stipulated under permit Condition IV. required sampling period (e.g. Facility Name . The annual report shall include an explanation for missing sampling data. Those Generation Plant North Cove Steam as stipulated under permit Condition IV. is the amount of residuals approved for may be required to make up the missed sampling PPROVED RESIDUAL SOURCES A od of inactivity 15,000 < 290 pathogen and vector attraction Version 3.0 Total gency (US EPA) Owner A uring the peri Healthcare Corporation Dry Tons Applied (metric tons) 31725 Maximum Dry Tons per Year Analyses to demonstrate that residuals are nonTesting of metals and nutrients Analyses of Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above Baxter rotection ATTACHMENT A Baxter Healthcare Corporation 1.2.3.4.5.If no land application events occur during a required dP WQ00 THIS PAGE BLANK 1 3.0 s of e t 1 o n t 1, 21, 31, 41, 51, 61, 71, 81, 9 o 1, 101, 11 o Page F Version: July 13, 2021 31725 FairviewFairviewFairviewFairviewFairviewFairviewFairviewFairviewFairviewFairview ---------- FcC2 FcC2 FcC2 FcC2 FcB2 FcB2 FcB2 FcC2 FcC2 FcC2 Certification Date: Dominant Soil Series 5.51.63.09.60.88.75.54.4 Net 14.615.969.6 Acreage Permit Number: WQ00 Total 80.944360°80.943100°80.945470°80.945600°80.947690°80.941020°80.938790°80.941020°80.943240°80.943240° Longitude ---------- Latitude 36.234860°36.234860°36.236670°36.236700°36.236670°36.242070°36.240270°36.236660°36.238470°36.240270° WilkesWilkesWilkesWilkesWilkesWilkesWilkesWilkesWilkesWilkes County Attachment B Lessee APPLICATION SITES Healthcare Corporation RLAP Baxter Owner APPROVED LAND Poplin, Douglas Leon; Poplin, RebeccaPoplin, Douglas Leon; Poplin, RebeccaPoplin, Douglas Leon; Poplin, RebeccaPoplin, Douglas Leon; Poplin, RebeccaPoplin, Douglas Leon; Poplin, RebeccaPoplin, Douglas Leon; Poplin, RebeccaPoplin, Douglas Leon; Poplin, RebeccaPoplin, Douglas Leon; Poplin, RebeccaPoplin, Douglas Leon; Poplin, RebeccaPoplin, Douglas Leon; Poplin, Rebecca 3.0 .. .........01 12345678911 Version eeeeeeeeeee rrrrrrrrrrr uuuuuuuuuuu ggggggggggg iiiiiiiiiii FFFFFFFFFFF BC AD eeeeeeeeeee 31725 -- -- eeeeeeeeeee SSSSSSSSSSS DP2DP3DP4DP5DP6DP7 Field DP1DP1 DP1DP1 ATTACHMENT B Baxter Healthcare Corporation 1.2.3.4.5.6.7.8.9.10.11.WQ00