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HomeMy WebLinkAbout640074_Permit (Issuance)_20170818c'2m Willie Harrison Harrison Pork Production, Inc. 4985 Harrison Blvd. Castalia, NC 27816 Dear Mr. Harrison: ROY COOPER MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director August 18, 2017 Subject: Permit No. AWI640074 Harrison Pork Production, Inc. Animal Waste Operation Nash County In accordance with your request for renewal received July 11, 2017, we are forwarding herewith Permit No. AWI640074, dated August 30, 2012, to Harrison Pork Production, Inc., authorizing the continued operation of an animal waste collection, treatment, storage, and land application system in accordance with this permit. This permit shall be effective from February 1, 2018 to January 31, 2023, shall hereby void Permit No. AWI640074 dated December 21, 2012, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring and reporting requirements in this permit, especially regarding Part III, Item #2. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. In accordance with Condition II.17 of this Permit, waste application shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system for the county in which the facility is located. You may find detailed watch/warning information for your county by calling the Raleigh, NC National Weather Service office at (919) 515-8209, or by visiting their website at: www.erh.noaa.gov/er/rah/ Any increase in flow or increase in stocked animals above the listed values in this permit will require a modification to this permit and shall be completed prior to actual increase in either flow or number of animals. 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. State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 919-707-9129 If you need additional information concerning this Permit, please contact the Animal Feeding Operations Program staff at (919) 707-9129. Sincerely, for S. Jay Zimmerman, P.G. Director, Division of Water Resources cc: Raleigh Regional Office, Water Quality Regional Operations Section Nash County Health Department Nash County Soil and Water Conservation District APS Central Files (Permit No. AWI640074) Smithfield Hog Production NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH ANIMAL WASTE OPERATION 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 Harrison Pork Production, Inc. Nash County FOR THE continued operation of a 25,000 GPD spray irrigation treatment and disposal facility consisting of a 425,000 gallon clay -lined basin with 7.5 and 3.0 hp aerators, two parallel 340,000 gallon clay -lined settling basins, a 720,000 gallon clay -lined basin with 7.5 hp aerator, a 860,000 gallon clay -lined basin with 5 hp aerator, a 6,150,000 gallon storage pond, and 30 acres of available sprayfield to serve 9,600 feeder to finish swine at Harrison Pork Production, Inc., with no discharge of wastes to the surface waters, pursuant to the request received July 11, 2017, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from February 1, 2018 to January 31, 2023, shall hereby void Permit No. AWI640074 dated December 21, 2012, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. A violation of this permit may result in the Permittee having to take immediate or long- term corrective action(s) as required by the Division of Water Resources (Division). These actions may include modifying the Waste Utilization Plan, ceasing land application of waste, or reducing the number of animals accepted at the market. 2. The animal waste collection, treatment, storage and land application system permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. Application of waste at agronomic rates to terraces and grassed waterways is acceptable in accordance with Natural Resources Conservation Service (NRCS) Standards. 1 If Harrison Pork Production Inc. is in compliance with this permit, and unintentionally discharges as a result of a storm event greater than the 25-year, 24-hour storm, the facility will not be considered to be in violation of this permit. 3. The Certified Animal Waste Management Plan (CAWMP) shall be considered a part of this permit. Any violation of the CAWMP shall be considered a violation of this permit. Any modifications to the CAWMP must be approved by the Division. 4. This facility may not be expanded or modified above the capacity shown in this permit until a new permit reflecting the requested expansion has been issued. 5. A copy of this permit, the Waste Utilization Plan, lessee and landowner agreements, and certification forms shall be readily available at the farm (stored at places such as the farm residence, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion for three years. 6. For all new and expanding operations, no collection or storage facilities may be constructed in a 100-year floodplain. 7. The spray irrigation facilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contamination of ground waters which will render them unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including those actions that may be required by the Division, such as the construction of additional or replacement wastewater treatment and disposal facilities. 8. The following buffers shall be maintained: a) 400 feet between wetted area and any residence or places of public assembly under separate ownership, b) 50 feet between wetted area and property lines, c) 100 feet between wetted area and wells, d) 100 feet between wetted area and drainageways or surface water bodies, e) 50 feet between wetted area and public right of ways, fj 100 feet between wastewater treatment units and any wells that supply water to a public water system, or any other well that supplies water for human consumption, and g) 50 feet between wastewater treatment units and property lines. II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The collection, treatment, and storage facilities, and land application equipment and fields shall be maintained at all times and properly operated. 2 2. A suitable vegetative cover shall be maintained on all land application sites and buffers in accordance with the Waste Utilization Plan. No waste may be applied upon fields not approved by or prepared in accordance with the Waste Utilization Plan. 3. An acceptable pH of the soil shall be maintained on all land application sites to insure optimum yield for the crop(s) being grown. 4. Land application rates, hydraulic loading rates, cropping rotations and application windows shall be in accordance with the Waste Utilization Plan and/or a representative Waste Analysis Report. In no case, shall land application rates exceed the Plant Available Nitrogen rate for the receiving crop or result in runoff during any given application. 5. Application of animal waste onto land which is used to grow crops for direct human consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) shall not occur following the planting of the crop or at any time during the growing season, or in the case of fruit bearing trees, following breaking dormancy. Application of animal wastes shall not occur within 30 days of the harvesting of fiber and food crops for direct human consumption that undergo further processing. 6. If manure is applied on conventionally tilled bare soil, the waste shall be incorporated into the soil within two (2) days after application on the land. This requirement does not apply to no -till fields, pasture, or fields where crops are actively growing. 7. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, and storage and application system. Washdown of stock trailers, owned by and used to transport animals to and from this farm only, will be permissible as long as the system can accommodate the additional volume. Only those detergents and disinfectants that are labeled by the manufacturer as readily biodegradable may be utilized. 8. Disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture and Consumer Services (NCDA&CS) Veterinary Division's regulations. 9. Unless accounted for in temporary storage volume, all uncontaminated runoff from the surrounding property and buildings shall be diverted away from the animal waste lagoons, storage ponds and/or open storage structures to prevent any unnecessary addition to the liquid volume in the structures. 10. A protective vegetative cover shall be established and maintained on all earthen basin embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or otherwise controlled and accessible. 3 11. The residuals generated from these treatment facilities must be disposed in accordance with General Statute 143-215.1 and in a manner approved by the Division. When removal of sludge from the treatment units is necessary, provisions must be taken to prevent damage to any dikes and liners. 12. All treatment units shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 13. The facility must have one of the following items at all times (a) adequate animal waste application and handling equipment, (b) a lease, or other written agreement, for the use of the necessary equipment, (c) a contract with a third -party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. Equipment shall be capable of meeting permit condition II (5). 14. All waste application equipment must be tested and calibrated once in the first two years after issuance of this permit and then at least once every two years thereafter. The results must be documented on forms provided by, or approved by, the Division. 15. Land application activities shall cease on any application site that exceeds a Mehlich 3 Soil Test Index for Copper of greater than 3,000 (108 pounds per acre) or Zinc of greater than 3,000 (213 pounds per acre). 16. Crops for which animal waste is land applied must be removed from the land application site and properly managed and utilized. Harvested crops shall not be allowed to become unusable due to prolonged exposure to the weather. 17. Land application of waste is prohibited during precipitation events. The Permittee shall consider pending weather conditions in making the decision to land apply waste and shall document the weather conditions at the time of land application on forms supplied by or approved by the Division. Land application of waste shall cease within four (4) hours of the time that the National Weather Service issues a Hurricane Warning, Tropical Storm Warning, or a Flood Watch associated with a tropical system including a hurricane, tropical storm, or tropical depression for the county in which the permitted facility is located. Watches and warnings for Nash County are posted on the National Weather Service's website located at: www.erh.noaa.gov/er/rah/. Watch and warning information can also be obtained by calling the Raleigh, NC National Weather Service Office that serves Nash County at (919) 515-8209. The Director may require any permittee to install, operate and maintain devices on all irrigation pumps/equipment designed to automatically stop irrigation activities during precipitation. This decision will be based on the facility's compliance history for irrigation events. 4 III. MONITORING AND REPORTING REQUIREMENTS 1. Adequate records shall be maintained by the Permittee, on Form IRR-1, tracking the amount of wastewater disposed. These records shall include, but are not necessarily limited to, the following information: a. Date of irrigation, b. Volume of wastewater irrigated, c. Field irrigated, d. Current crop, e. Length of time field is irrigated, f. PAN applied and g. Nitrogen Balance for field after each application is complete. 2. The Permittee shall modify the waste plan to include a sludge management plan and submit this new waste plan to the Division prior to movement of the sludge offsite. Additionally, the Permittee shall notify the Raleigh Regional Office by telephone at 919- 791-4200 at least 24 hours before the removal of sludge offsite. Adequate records shall be maintained by the Permittee tracking the amount of residual solids that are disposed. These records shall include, but are not necessarily limited to, the following information: a. The volume of residuals generated, b. The dates and amounts of residuals removed from the site, c. The name, and address of the party responsible for removal of residuals, and d. The name, address and permit number (if applicable) of the party receiving the residuals and e. To where the residuals are removed. 3. The Permittee or their designee shall inspect the waste collection, treatment, and storage structures and runoff control measures shall be conducted at a frequency to insure proper operation but at least monthly and after storm events. For example, lagoons, storage ponds, and other structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. The Permittee shall keep 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 upon request to the Division or other permitting authority. Any major structural repairs must have written documentation from a professional engineer certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.]. 5 4. A representative Standard Soil Fertility Analysis shall be conducted annually on each application site receiving animal waste. The results of these tests shall be maintained on file by the Permittee for a minimum of three years and shall be made available to the Division upon request. 5. The liquid animal waste shall be analyzed for the following parameters as close to the time of application as possible but at least within 60 days (before or after) of the date of application: TKN COPPER NH3-N ZINC NO3-N TOTAL P Test results shall be submitted to: DWR Water Quality Regional Operations Section 1636 Mail Service Center Raleigh, NC 27699-1636 6. All records, including maintenance, repair, and irrigation records, shall be maintained on site and in chronological and legible form for a minimum of three years by the Permittee. These records shall be maintained on forms provided by the Division and shall be readily available for inspection. 7. Regional Notification: The Permittee shall report by telephone to the Raleigh Regional Office, telephone number 919-791-4200, as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: a. Failure of any component of the animal waste collection, treatment, and storage and land application system resulting in a discharge to surface waters. b. Any failure of the animal waste treatment and disposal program that renders the facility incapable of adequately receiving, treating or storing the animal waste and/or sludge. c. A spill or discharge from a vehicle or piping system transporting animal waste or sludge which results in, or may result in, a discharge to surface waters or an event that poses a serious threat to surface waters. d. Any deterioration or leak in a treatment unit that poses an immediate threat to the environment. e. Failure to maintain adequate storage capacity in a treatment unit greater than or equal to that required in Condition VI (3) of this permit. f. Overspraying animal waste either in excess of the limits set out in the Waste Utilization Plan or where runoff enters waters of the State. g. Any discharge that bypasses a treatment unit. 6 For any emergency, which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The Permittee shall also file a written report to the appropriate Raleigh Regional Office of the occurrence within 5 calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the Raleigh Regional Office. 8. A waste level gauge must be maintained in each lagoon and other uncovered waste containment structure. Waste water levels shall be recorded weekly. 9. In the event of a discharge of 1,000 gallons or more of waste to surface waters or wetlands, the Permittee must issue a press release to all print and electronic news media that provide general coverage in the county in which the discharge occurred setting out the details of the discharge. The press release must be issued within forty-eight (48) hours after it is determined that the discharge has reached the surface waters or wetlands. A copy of the press release and a list of the news media to which it was distributed must be kept for at least one (1) year after the discharge and must be distributed to any person upon request. 10. In the event of a discharge of 15,000 gallons or more of animal waste to surface waters or wetlands, a public notice is required in addition to the press release described in Condition III 9. The public notice must be placed in a newspaper having general circulation in the county in which the discharge occurred and the county immediately downstream within ten (10) days of the discharge. If a discharge of 1,000,000 gallons of wastewater or more reaches surface waters or wetlands, the DWR regional office must be contacted to determine in what additional counties, if any, a public notice must be published. A copy of all public notices and proof of publication must be sent to the Division within thirty (30) days of the discharge. The minimum content of the notice is the location of the discharge, estimated volume, identification of the waterbody affected, steps taken to prevent future discharges, and a phone number and contact name. 11. The Permittee shall ensure that sludge does not build up in any basins to the point it interferes with the treatment of waste. If the sludge accumulation is such that it is greater than the volume for which the basin was designed, a plan must be submitted to the Division's Central Office within ninety (90) days of this determination which documents removal and waste utilization procedures to be used. 12. The Division may require any additional monitoring and reporting (including but not limited to groundwater, surface water or wetland, waste, sludge, soil, lagoon/storage pond levels and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the surface waters, groundwaters or wetlands. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission and EPA requirements. 7 IV. GROUNDWATER REQUIREMENTS 1. The Groundwater Compliance Boundary for the disposal system constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste structures and the waste disposal area. If this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under the North Carolina General Statutes. 2. Any groundwater quality monitoring deemed necessary by the Division shall be provided. V. INSPECTIONS 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 disposal site or facility at any reasonable time for the purpose of determining compliance with this permit, may inspect or copy any records that must be maintained under the terms and conditions of this permit, and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS 1. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or ground waters resulting from the operation of this program. 2. Upon classification of the facility by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified water pollution control system operator to be the operator of the facility. The designated operator must hold a certificate of the same type(s) and grade(s) as the classification(s) assigned to the waste treatment facilities by the WPCSOCC. The Permittee may also be required to designate a certified back-up operator of the appropriate type and grade to comply with the conditions of 15A NCAC 8G. 0202. The designated operator of the facility must visit the facility as often as necessary to insure proper operation of the system, but in no case less frequently than as specified in 1SA NCAC 8G .0204(2), 15A NCAC 8F. 0203, or both. 3. The operating level of lagoons and other uncovered waste containment structures must not exceed the level that provides adequate storage to contain at a minimum a 25-year, 24-hour storm event, chronic rainfall, plus an additional 1 foot of freeboard. The maximum waste level shall not exceed that specified in the application submitted. 8 4. The Division may require any monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of any waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission requirements. 5. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A-6C and may include the requirement to obtain additional treatment or storage units and/or addition of land application sites, and/or the modification of the animal waste management system. 6. The issuance of this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state, and federal). 7. Any containment basin, such as a lagoon or a storage pond, used for waste management shall continue to be subject to the conditions and requirements of this permit until properly closed. When the containment basin is properly closed in accordance with the Natural Resources Conservation Service (NRCS) North Carolina Standard for Closure of Waste Impoundments, March 2002, or any subsequent amendment, the containment basin shall not be subject to the requirement of this permit. The permittee must submit a letter to the Division to request rescission of the permit by providing documentation of closure of all containment basins. Closure shall also include a minimum of 24 hours pre -notification to the Division and submittal of the Animal Waste Storage Pond and Lagoon Closure Report Form to the address identified on the form within fifteen (15) days of completion of closure. 8. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of this permit. 9. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements which are required in the permit application and/or Waste Utilization Plan, shall constitute grounds for revocation of this permit. 10. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 11. This permit is effective only with respect to the nature and volume of wastes described in this permit for Harrison Pork Production, Inc. 9 12. This permit is not automatically transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 13. A set of approved plans and specifications for the subject project must be retained by the Permittee for the life of the project. 14. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Permit issued this the 18th day of August, 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number AWI640074 10