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HomeMy WebLinkAboutWQ0002883_Final Permit_20221215ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality December 15, 2022 MONTRE D. FREEMAN — CITY MANAGER CITY OF ELIZABETH CITY POST OFFICE BOX 347 ELIZABETH CITY, NORTH CAROLINA 27907 Subject: Permit No. WQ0002883 City of Elizabeth City Class B Residuals Program Land Application of Class B Residuals Pasquotank County Dear Mr. Freeman: In accordance with your permit renewal request received September 27, 2022, and subsequent additional information received November 28, 2022, we are forwarding herewith Permit No. WQ0002883 dated December 15, 2022, to the City of Elizabeth City for the continued operation of the subject residuals management program. Modifications to the subject permit are as follows: ➢ The transfer of Fields LL-01 through LL-37 and Fields RH-01 through RH-22 to Permit No. WQ0000974, resulting in a decrease of 421.23 acres. ➢ Fields WB-001 through WB-106 have been consolidated and reverted to their original numbering of WB-01 through WB-08, maintaining the original total of 1,046.43 acres. This permit shall be effective from the date of issuance through November 30, 2029, shall replace Permit No. WQ0002883 issued April 12, 2017, and shall be subject to the conditions and limitations as specified therein. The Permittee shall submit a renewal application no later than June 3, 2029. Please pay particular attention to the monitoring requirements listed in Attachment 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. D ��� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINI� oewdeM er imen,e„ai a�ainv 919,707,9000 Mr. Montre D. Freeman December 15, 2022 Page 2 of 2 The Division has removed the following permit conditions since the last permit issuance dated April 12, 2017: ➢ Old Condition L2. — This compliance schedule has been fulfilled. ➢ Old Condition L3. — This compliance schedule has been fulfilled. ➢ Old Condition IL8. — This condition has been replaced by Condition IL8. ➢ Old Condition II1.10. —This condition has been removed. ➢ Old Condition VL2. — This permit is not voidable. The following permit conditions are new since the last permit issuance dated April 12, 2017: ➢ Condition IL8. — Setbacks for Class B land application sites have been revised. ➢ Condition IIL10.1. — This condition requires that Class B residuals shall not be land applied if the land application sites are located within a WS-1 watershed or within the Critical Area of a WS-II, WS-III, or WS-IV watershed. ➢ Condition IILll.c. — This condition requires that 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 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 Zachary Mega at (919) 707-3658 or zachary.mega(cr�,ncdenr.gov. Sincerely, 7L,��r�e-a �T - Richard E. Rogers, Jr., Director Division of Water Resources cc: Pasquotank County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Stephen Cummings — Atlantic OBX, Inc. (Electronic Copy) Patrick Beggs — Operator Certification Group (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 City of Elizabeth City Pasquotank County FOR THE continued operation of a residuals management program for the City of Elizabeth City and consisting of the land application of Class B residuals generated by the approved facilities 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 September 27, 2022, subsequent additional information received November 28, 2022, 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 Parts 503 and 257. This permit does not exempt the Permittee from complying with Federal Regulation 40 CFR Parts 503 and 257. This permit shall be effective from the date of issuance through November 30, 2029, shall replace Permit No. WQ0002883 issued April 12, 2017, 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 June 3, 2029. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS 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 Washington 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 facilities listed in Attachment A are approved for land application in accordance with this permit. [15A NCAC 02T .1101] WQ0002883 Version 4.0 Shell Version 210928 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: Parameter Ceiling Concentration Cumulative Pollutant Loading Rates (mg/kg) (kg/ha) (lbs/ac) Arsenic 75 41 36 Cadmium 85 39 34 Copper 4,300 1,500 1,338 Lead 840 300 267 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. I 105(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)] WQ0002883 Version 4.0 Shell Version 210928 Page 2 of 12 8. The facilities and sites herein were permitted per the following setbacks: a. Setbacks for Class B land application sites are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: ii. Each habitable residence or places of assembly owned by the Permittee, the owner of the land, or the lessee or operator of the land: In. Each property line: iv. Public right of way: v. Each private or public water supply source: vi. Surface waters such as intermittent and perennial streams, perennial waterbodies, and wetlands: vii. Surface water diversions such as ephemeral streams, waterways, and ditches: viii. Groundwater lowering ditches where the bottom of the ditch intersects the SHWT: ix. Subsurface groundwater lowering systems: x. Each well with exception of monitoring wells: xi. Bedrock outcrops: xii. Top of slope of embankments or cuts of two feet or more in vertical height: xiii. Each building foundation or basement: xiv. Each water line: xv. Nitrification field: Surface Irrigation Injection / Application Surface by Vehicle Application Incorporation 400 400 200 0 200 0 501 150' 50' 50 50 50 100 100 100 32.8 32.8 32.8 25 25 25 25 100 25 0 100 0 100 100 100 25 25 25 15 15 15 0 15 0 0 10 0 0 20 0 ' 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. [I5A NCAC 02T .I 108(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. I I IO(g)] WQ0002883 Version 4.0 Shell Version 210928 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. Division's pre -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(https://realisticyields.ces.ncsu.ed. 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). In. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards (https://www.nres.usda.gov/resources/guides-and-instructions/nutrient- management-ac-590-conservation-practice-standard). 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 . I 109(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. Residuals land application fields permitted on or after December 30, 1983 have a compliance boundary that is 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(1), G.S. 143-215.1(k)] WQ0002883 Version 4.0 Shell Version 210928 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 Washington Regional Office, telephone number (252) 946-6481, and the appropriate local government official (i.e., county manager, city manager, or health director) at least two business days in advance of a site's initial residuals land application event. [15A NCAC 02T .0108(b)(1)(A)] 3. The Permittee shall notify the Washington Regional Office, telephone number (252) 946-6481, 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 Washington 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 .I I I0(a)] 5. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) 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] WQ0002883 Version 4.0 Shell Version 210928 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; £ 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 application exceeds agronomic rates; or 1. 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)] WQ0002883 Version 4.0 Shell Version 210928 Page 6 of 12 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)] 12. Public access controls shall include the posting of signs with a minimum area of 3 square feet (e.g., 1.5' x 2'). Each sign shall indicate the activities conducted at each site, permit number, and name and contact information, including the Permittee or applicator's telephone number. Signs shall be posted in a clearly visible and conspicuous manner at the entrance to each land application site during a land application event, and for as long as the public access restrictions required under Condition IIL11. apply. [15A NCAC 02T .0108(b)(1)] 13. 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)] 14. 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 (MRCS) 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)] 15. 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 November 30, 2029. [ 15A NCAC 02T .1104(c)(4)] WQ0002883 Version 4.0 Shell Version 210928 Page 7 of 12 IV. MONITORING AND REPORTING REQUIREMENTS The Permittee shall conduct and report any Division required monitoring necessary to evaluate this program's impact on groundwater and surface water. [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) Chlordane (0.03) Heptachlor (and its epoxide) 0.008 Tetrachloroethylene (0.7) 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) 214,5-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] WQ0002883 Version 4.0 Shell Version 210928 Page 8 of 12 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 Cadmium Nitrate -Nitrite Nitrogen Sodium Adsorption Ratio (SAR) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (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)] 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 section of the NC Department of Agriculture & Consumer Services' website (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 Percentagc Phosphorus 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 .1I I I(d)] 6. Representative samples of residuals that are prepared for land application shall be collected and analyzed. [15A NCAC 02T .1111(a)] WQ0002883 Version 4.0 Shell Version 210928 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; 1. Volume of animal waste or other nutrient source applied per acre in gallons, cubic yards, dry tons, or wet tons; in. 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 IL5. (pounds per acre); iv. Plant available nitrogen (pounds per acre); and v. Phosphorus (pounds per acre). [I5A NCAC 02T .0108(c)] 8. One hard copy and one electronic copy of an annual report shall be submitted on or before March 1st 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 hlt 2:Hdeg.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 Washington Regional Office, telephone number (252) 946-6481, 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. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency 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 Washington 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)] WQ0002883 Version 4.0 Shell Version 210928 Page 10 of 12 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the Permittee's storage, distribution, and application facilities. [15A NCAC 02T .1110(f)] 2. The Permittee shall inspect the Permittee's 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 .I I I0(f)] 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, 143-215.613, 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)] 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)] WQ0002883 Version 4.0 Shell Version 210928 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. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: I. to enter the Permittee's premises where a system is located or where any records 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. the Permittee's failure to pay the annual fee for administering and 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. 143-215.613, or under Federal law that would otherwise be prosecuted under G.S. 143-215.613, 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)] Permit issued this the 15th day of December 2022 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0002883 WQ0002883 Version 4.0 Shell Version 210928 Page 12 of 12 Le M" M .,0. 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