WQ0037135_Notice of Deficiency_20230811

North Carolina Department of Environmental Quality | Division of Water Resources
Winston-Salem Regional Office | 450 W. Hanes Mill Rd, Suite 300 | Winston-Salem, North Carolina 27105
336.776.9800

August 11, 2023

Delivered via email to: [e-mail]

Zach Key, President
US Biosolids, Inc.
958 Hoots Road
Roaring River, NC 28669

SUBJECT: Notice of Deficiency (NOD-2023-PC-0216)
2022 Residuals Annual Report Review
US Biosolids, Residuals Land application Program
Permit No. WQ0037135
Wilkes County

Dear Mr. Key:

On August 7, 2023, Division of Water Resources staff Kristen Potwora completed a
review of the 2022 Residuals Annual Report. This review reflected non-compliance with
the subject permit. The following deficiency was noted:

A. As stated in Permit Condition IV.2 “The analyses (i.e., corrosivity, ignitability,
reactivity, and toxicity characteristic leaching procedure (TCLP)) shall be
performed at the frequency specified in Attachment A...” Attachment A states that
Lowell WWTP in the City of Lowell is required to conduct annual TCLP analysis.
Residuals from Lowell WWTP were land applied once in September of 2022. The
TCLP results reported for Lowell WWTP were from the 2021 calendar year. DWR
staff requested Lowell TCLP results for 2022 on July 24, 2023. To date, these
results have not been provided.
The following items of concern were noted:

 As a reminder, land application notifications must be completed at least one
business day in advance of land application per Permit Condition III.3. Based on
available records, there was no notification to DWR Staff from WSRO for January,
February, March, April, May, July, August, and October land application events.
After DWR staff correspondence with you, you confirmed all notifications for
Rutherford and Gaston counties were made to the DWR Mooresville Regional
Office Staff. Moving forward, please include Caitlin Caudle on all land
application notifications for record keeping purposes.

North Carolina Department of Environmental Quality | Division of Water Resources
Winston-Salem Regional Office | 450 W. Hanes Mill Rd, Suite 300 | Raleigh, North Carolina 27105
336.776.9800

 Per 15A NCAC 02T .1107 (a)(3) “The volatile solids in the biological residuals shall
be reduced by less than 15 percent as measured from the beginning to the end of
the test.” The Van Kleek Reduction rate calculation for the 30-Day Bench - Volatile
Solids Reduction process was reported as 15.5% for the Thurmon Street WWTP,
which is a failed percentage. Moving forward, if residuals do not meet the
minimum pathogen and vector reduction requirements they must not be
distributed. Biosolids can also be resampled if laboratory data does not
correspond with facility operational data.
 Several required parameter calculations differed from what DWR staff calculated.
Refer to the inspection report for additional details. In the future, please ensure
they are calculated correctly.
Please refer to the enclosed inspection report for additional comments and observations.
If you have any questions, please contact Kristen Potwora at the letterhead address, by
phone, or by email at [e-mail].

Sincerely,

Lon T. Snider, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ-WSRO

Enc: Inspection Report

Cc: Wilkes County Environmental Health (electronic copy)

Compliance Inspection Report
Permit:WQ0037135 Effective:04/25/23 Expiration:09/30/24 Owner :U S Biosolids Inc
SOC:
Contact Person:
Region:
County:
Directions to Facility:
Wilkes
Winston-Salem
Zachery Key
Effective:Expiration:Facility:U.S. Biosolids Class B Residuals Program
397 Riverside Dr
Forest City NC 28043
Title:Phone:[phone]President
Secondary ORC(s):
Phone:Certification:Primary ORC:
LA,System Classifications:
On-Site Representative(s):
Related Permits:
NC0020761 Town of North Wilkesboro - Thurman Street WWTP
NC0006564 Baxter Healthcare Corporation - Baxter Healthcare Corporation
NC0025909 Town of Rutherfordton - Rutherfordton WWTP
NC0021181 City of Belmont - Belmont WWTP
NC0020664 Town of Spindale - Spindale WWTP
NC0020567 Yadkin Valley Sewer Authority - Yadkin Valley Sewer Authority WWTP
NC0025984 Town of Forest City - Forest City WWTP
Secondary Inspector(s):
Primary Inspector:
Inspection Date:Exit Time:Entry Time:
Phone:
08/07/2023 07:00AM 07:00PM
Kristen Potwora 336-776-9800
Facility Status:
Permit Inspection Type:
Reason for Inspection:Inspection Type:
Not CompliantCompliant
Routine
Land Application of Residual Solids (503)
Annual Report Review
Question Areas:
Miscellaneous Questions Record Keeping Sampling
Pathogen and Vector Attraction
(See attachment summary)
Page 1 of 5
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0037135
08/07/2023 Annual Report Review
U S Biosolids Inc
Routine
Inspection Summary:
On August 7, 2023, Division of Water Resources staff Kristen Potwora completed a review of the 2022 Annual Report for
WQ0037135. This review reflected non-compliance with the subject permit. The following deficiency was noted:
•As stated in Permit Condition IV.2 “The analyses (i.e., corrosivity, ignitability, reactivity, and toxicity characteristic
leaching procedure (TCLP)) shall be performed at the frequency specified in Attachment A...” Attachment A states that
Lowell WWTP in the City of Lowell is required to conduct annual TCLP analysis. Residuals from Lowell WWTP were land
applied once in September of 2022. The TCLP results reported for Lowell WWTP were from the 2021 calendar year. DWR
staff requested Lowell TCLP results for 2022 on July 24, 2023. To date, these results have not been provided.
Items of Concern:
•As a reminder, land application notifications must be completed at least one business day in advance of land application
per Permit Condition III.3. Based on available records, there was no notification prior to DWR Staff from WSRO for January,
February, March, April, May, July, August, and October land application events. After DWR staff correspondence with Mr.
Key, he confirmed all notifications for Rutherford and Gaston counties were made to the MRO DWR Staff. Moving forward,
please include Caitlin Caudle on all land application notifications for record keeping purposes.
•Per 15A NCAC 02T .1107 (a)(3) “The volatile solids in the biological residuals shall be reduced by less than 15 percent
as measured from the beginning to the end of the test” The Van Kleek Reduction rate calculation for the 30-Day Bench -
Volatile Solids Reduction process was reported as 15.5% which is a failed percentage. Moving forward, if residuals do not
meet the minimum pathogen and vector reduction requirements they must not be distributed. Biosolids can also be
resampled if laboratory data does not correspond with facility operational data.
•Several required parameter calculations differed from what DWR staff calculated. Refer to the inspection report for
additional details. In the future, please ensure they are calculated correctly.
Other observations –
Yadkin Valley Sewer Authority
•The Sodium Absorption Rate (SAR) calculation for the Yadkin Valley Sewer Authority incorrectly reported the
magnesium concentration as 64.015 mg/L and SAR as 0.964695. Staff calculated the magnesium concentration as 93.515
mg/L and SAR as 0.900497. Moving forward, please ensure all calculations are correct.
Thurmond Street WWTP
•The geometric mean value DWR staff calculated for fecal data does not correspond with the geometric mean value
reported. DWR staff calculated the fecal geo mean as 1632 MPN/G and 1585 MPN/G was reported. Please ensure that the
geometric mean is calculated correctly moving forward.
Forest City WWTP
•The geometric mean value DWR staff calculated for fecal data does not correspond with the geometric mean value
reported. Staff calculated the fecal geo mean as 31311 MPN/G and 22533 MPN/G was reported. Please ensure that the
geometric mean is calculated correctly moving forward.
•The Forest City WWTP Plant Available Nitrogen (PAN) rate calculation used incorrect values for NO3, NO2, and NH3
fields which produced an incorrect PAN rate of 0.60465 dry tons/1000gal. DWR staff calculated PAN as 0.60465 dry
tons/1000gal.
Belmont WWTP
•The Van Kleek Reduction rate calculation for the 30-Day Bench Volatile Solids Reduction process was incorrectly
reported as 4.6%. DWR staff calculated 4.71%.
Page 2 of 5
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0037135
08/07/2023 Annual Report Review
U S Biosolids Inc
Routine
•The Annual Land Application Certification Form reported that no land application occurred during the past calendar year.
Based on the reported information land application did occur.
•The Lowell WWTP did not provide the Plant Available Nitrogen (PAN) rate or the calculations. DWR staff calculated
surface as 72.298 lbs/dry ton, injection as 80.608 lbs/dry ton and the total as 0.065469 dry tons/1000 gal.
Page 3 of 5
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0037135
08/07/2023 Annual Report Review
U S Biosolids Inc
Routine
Type Yes No NA NE
Distribution and Marketing
Land Application
Record Keeping Yes No NA NE
Is GW monitoring being conducted, if required?
Are GW samples from all MWs sampled for all required parameters?
Are there any GW quality violations?
Is GW-59A certification form completed for facility?
Is a copy of current permit on-site?
Are current metals and nutrient analysis available?
Are nutrient and metal loading calculating most limiting parameters?
a. TCLP analysis?
b. SSFA (Standard Soil Fertility Analysis)?
Are PAN balances being maintained?
Are PAN balances within permit limits?
Has land application equipment been calibrated?
Are there pH records for alkaline stabilization?
Are there pH records for the land application site?
Are nutrient/crop removal practices in place?
Do lab sheets support data reported on Residual Analysis Summary?
Are hauling records available?
Are hauling records maintained and up-to-date?
# Has permittee been free of public complaints in last 12 months?
Has application occurred during Seasonal Restriction window?
The 2022 TCLP Analysis for the Lowell WWTP was not submitted.Comment:
Pathogen and Vector Attraction Yes No NA NE
a. Fecal coliform SM 9221 E (Class A or B)
Class A, all test must be <1000 MPN/dry gram
Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram
Fecal coliform SM 9222 D (Class B only)
Geometric mean of 7 samples per monitoring period for class B<2.0*10E6 CFU/dry gram
b. pH records for alkaline stabilization (Class A)
c. pH records for alkaline stabilization (Class B)
Temperature corrected
d. Salmonella (Class A, all test must be < 3MPN/4 gram day)
Page 4 of 5
Inspection Date:
Permit:
Inspection Type :
Owner - Facility:
Reason for Visit:
WQ0037135
08/07/2023 Annual Report Review
U S Biosolids Inc
Routine
e. Time/Temp on:
Digester (MCRT)
Compost
Class A lime stabilization
f. Volatile Solids Calculations
g. Bench-top Aerobic/Anaerobic digestion results
Comment:
Sampling Yes No NA NE
Describe sampling:
Is sampling adequate?
Is sampling representative?
Comment:
Page 5 of 5