HomeMy WebLinkAboutHISTORICALNCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
February 21, 2012
CMUS PETERSON
APOLLO EXPORTS INTERNATIONAL INC.
2416 WYECROFT ROAD, # 5
OAKVILLE,.ONTARIO, CANADA L6L6M6
Subject: Permit No. WQ0035785
Apollo Exports International Inc.
CowWowC Liquid Dairy Cow Manure
Distribution of Animal Residual Solids
Erath County, Texas
Dear Mr. Peterson:
In accordance with your permit application package received on February 20, 2012, we are
forwarding herewith Permit No. WQ0035785, dated February 21, 2012, to Apollo Exports International
Inc. for the subject animal residuals distribution program.
This permit shall be effective from the date of issuance until January 31, 2017and shall be subject
to the conditions and limitations as- specified therein. Make note of this permit's expiration date and the
fact that a permit renewal application is due to the Division of Water Quality (Division) no later than six
months prior to that date (i.e., see Condition V. 7.), as the Division does not send reminders to apply for
permit renewal. Be aware that payment of,ttie annual administering and compliance fee,.as stipulated in
Condition V. 4. will not automatically renew this permit.
This permit approves the operation of program for the distribution of bottled liquid dairy cow
manure that meets exceptional quality standards and is marketed throughout the State of North Carolina
(i.e., in bulk and in bags). Note that this permit does not concurrent[), provide a license to distribute a
ICT"iJll? r a:: 1S IC�i11fE'i] I)�' i!1i t P1't.iliL.CJ' Scctlr)n t)f flic V' T)cpail. ikili nod C(,11St1111C1
Services' Plaint Industry Division. More information about applying for this license may be found at the
following web site: ft://www.ncagr.comiplantind/ ferdferlics.htm.
.,Please take the time to review this permit thoroughly. Pay particular attention to the
monitoring requirements in this permit. Be aware that failure to establish an adequate system for
collecting, maintaining, and submitting the required operational information will result in future
compliance "problems. The Division wants to remind you about the following issue that was discussed
.during the review of this application:
163u Mail.Seivice Center, Raieign, twin Caioltn& 21699-1636
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919.807-64641 FAX: 919-807-6492
Internet: www.ncwaterauality.org
Noel hCarolina
Natura!!tf
An Equal Opportunity 1 Affirmative Action Employer
Mr. -Chris Peterson
February 21, 2012
Page 2
4 Condition III 3. and Condition III. 4. require that the product be tested and monitored regularly
for specific parameters as well as for adequate pathogen reduction. It is imperative that all testing
and monitoring be performed such that the results are representative of the entire row of product
The Division urges you to develop a set of standard operating procedures and recordkeeping forms
to ensure that the State of North Carolina time and temperature requirements for the composting
process are met.
If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request shall be in the from 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, North Carolina 27699-6714. Unless such demands are made, this permit shall be final
and binding.
If you need any additional information concerning this matter, please contact Mr. J R Joshi by
telephone at (919) 807-6341, or via e-mail atjaya.joshi@ncd6nr.gov.
Sincerely,
for Charles Wakild, P.E.
cc: NC Department of Agriculture and Consumer Services -Plant Industry Division (Fertilizer Section)
Asheville Regional Ofce--Aquifer-Protection_Seetion
ayetteville Regional Office -Aquifer -Protection -Section
Mooresville Raleigh Regional Office -Aquifer Protection Section
Raleigh Regional Office -Aquifer Protection Section
Washington Regional Office -Aquifer Protection Section
Wilmington Regional Office -Aquifer Protection Section
Winston-Salem Regional Office -Aquifer Protection Section -R
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APS Files FEB
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10"WO
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMIAUSSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
✓ . RALEIGH
DISTRIBUTION OF ANIMAL RESIDUAL SOLIDS PERAHT
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
Apollo Exports International Inc.
Erath County, Texas
FOR THE
operation of a program for the distribution of up to 1.0 dry tons per .year of bottled. liquid dairy cow
manure that meets exceptional quality standards and is marketed throughout the State of North Carolina
(i.e., in bulk and in bags). The program shall be operated such that no discharge of waste to surface
waters occurs, pursuant to . the permit application package received on September, 2011, and in
conformity with the project plan, specifications, and other supporting data. subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until January 31, 2017 and shall be
subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. The distribution program shall be effectively maintained and operated as a non -discharge
system to prevent the discharge of any wastes to waters of the state resulting from the
operation of this program.
2. This permit shall become voidable in the event of failure of the distribution program to
adequately. protect the assigned water quality standards of the surface waters and
groundwater.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface water or groundwater,resulting from the operation of this distribution program.
4. In the event that the distribution program is not operated satisfactorily, including the creation
of nni.sance conditions, the Permiitee shall take any immediate corrective actions as may be
required by 1* Division of Water Quality (Division).
5. When product containing animal residuals is sold or given away for application to the land
under the conditions of this permit, one of the Class A pathogen requirements in 40 CFR Part
503.32(a) shall be met. Additionally, an evaluation shall be performed which demonstrates
the product's ability to comply with this requirement. Upon request, a copy of this
evaluation, including all test results and calculations, shall be submitted.
6. No product containing animal residuals that tests or is classified as a hazardous or toxic waste
under 40 CFR Part 261 shall be sold or given away for application to the land under the
conditions of this permit.
OPERATION AND MAINTENANCE REQUIREMENTS
The distribution program shall be properly operated and maintained at all times.
2. No. product containing animal residuals other than that generated by the following facility.
shall be approved for distribution in accordance with this permit:
Permit Volume
Facility County Number (Dry Tons/Year)
Apollo Exports International Inc. Erath County, TX N/A 1.0
3. No other product containing animal residuals other than that from the facility specified in
Condition ]I. 2. shall be distributed under the conditions of this permit. The Permittee shall
request and obtain a permit amendment from the Division for each additional facility prior to
allowing distribution through this program.
4. For a product containing animal residuals to be sold or given away in bags or other container
for application to the land under the conditions of this permit, the following shall be satisfied:
The Ceiling Concentrations' (Dry Weight Basis) and the Pollutant Monthly Average
Concentrations•(Dry Weight Basis) shall be maintained:
Ceiling Monthly Average
co II tr:ilioF1S Coll ceOrn1;O.7:
Parameters (rli k�J (mg/k-)
Arsenic
75
41
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Mercury
57
17
Molybdenum
75
----
Nickel
420
420
Selenium
100
100
Zinc
7,500
2,800
5. When distributed under the conditions of this permit, a label shall be affixed to the bag or
other container in which the product containing animal residuals is sold or given away for
application to the land, or an information sheet shall be provided to the person who receives
the product containing animal residuals sold or given away in another container for
application to the land. The label ur tnformalion ucl shall contain the following
minimum information:
2
a. The name and address of the person who prepared the product containing animal
residuals that is sold or given away in a bag or other container for application to the
land.
b. A statement that application of the product. containing animal residuals to the land is
prohibited except in accordance with the instructions on the label or information sheet.
c. A statement that adequate procedures shall be provided to prevent surface runoff from
carrying any disposed or stored product containing animal residuals into any surface
waters.
c. A statement to help prevent direct application of the product containing animal
residuals to water supply sources ' and all other waters of the state. For example, "as
with any fertilizer product, do not apply in or near any water supply source or any body
of water, including wells, streams, rivers, and lakes."
d. A statement that application of he product containing animal residuals shall not be
applied to any land that is flooded, frozen, or snow-covered.
M. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division to ensure protection of the environment shall be
established and an acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee to track all distribution activities within
the State of North Carolina. These records shall include, but are not necessarily limited to,
the following information: .
a. Source, amount (i.e., volume), and analysis of each product containing animal residuals.
b. Name of the initial recipient of the product containing animal residuals, the amount (i.e.,
volume) distributed, and the intended -use.
3. An analysis shall be conducted by the Pennittee on the product containing animal residuals at
lc i 1 olive Pct. `,'�Ctf oll1 tlfC CLOO of po-I-IIUt It,S11:1CIGC. Yhc rC�Uil,: i)I all at;�lVsus `;hail be
maintained on file by the Permittee for a minimum of five years. The analysis shall include
the following parameters:
Aluminum Magnesium Phosphorus
Ammonia -Nitrogen Mercury Potassium
Arsenic Molybdenum Selenium
Cadmium Nickel Sodium
Calcium Nitrate -Nitrite Nitrogen Total Kjeldahl Nitrogen
Copper Percent Total Solids Zinc
Lead pH Plant Available Nitrogen
(by calculation)
After the product containing animal residuals has been monitored for two years at the above -
listed frequency, the Permittee may submit a request to the Division for a permit modification
to reduce the frequency of this monitoring requirement. -In no case, however, shall the
frequency of this monitoring be less than once per year when the product containing animal
residuals is sold or given aN%,a) ful apijlic ILU!I tO LlIC land during that ycar.
3
4. The product containing animal residuals shall be monitored by the Permittee at least once per
year for compliance with Condition I. 5. of this permit. The monitoring frequency cycle shall
start on the date of permit issuance, and the results of all analyses shall be maintained on file
by the Permittee for a minimum of five years. Data to verify stabilization of the product shall
be maintained by the Permittee. The required data shall be specific to the stabilization process
utilized, but should be sufficient to demonstrate compliance with the Class A pathogen
requirements in 40 CFR Part 503.32(a) clearly. In addition, the EPA certification statement
concerning compliance with pathogen requirements shall be completed at the above
frequency by the proper authority or authorities if more than one is involved, either the
person who generates the product containing animal residuals or the person who prepares the
product to be sold or given away for application to the land.
5. Laboratory analyses and/or operational data, as required by Condition III. 3., and Condition
III. 4. shall be performed/gathered on the product containing animal residuals as it is to be
distributed. Furthermore, analytical determinations made pursuant to the monitoring and
reporting requirements of this permit shall be made by a laboratory certified by the Division
(visit: http://l12o.enr.state.ne.us/lab/cert.htdi) for the required parameter(s) under 15A NCAC
2H'.0800 or 15A NCAC 2H .1100.
6. Three copies of all required monitoring and reporting requirements as specified in Condition
III. 1., Condition III. 2., Condition III. 3., Condition III. 4., and Condition III. 5. shall be
submitted annually on or before March 1" of the year following the distribution event to the
following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. Noncompliance Notification:
The Permittee shall report by telephone to the Aquifer Protection Section of the appropriate
Division regional office (i.e., see Attachment A) as soon as possible, but in no case more than
24 hours or on the next'.working day following the occurrence or first knowledge of the
ncc..tirrencc oaf a.n" of the folJrn� inn -
a. Any occurrence with the distribution program that results in the distribution of significant
amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the distribution program resulting in a release of material to receiving
waters.
c. Any time that self -monitoring information indicates that the distribution program has
gone out of compliance with the conditions and limitations of this permit or the
parameters on which the facility was designed.
d. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate treatment.
e. Any spillage or discharge from a vehicle or piping system during transportation of
residuals or product containing animal residuals.
Persons reporting such occurrences by telephone shall also file a written report in letterform
within five days following first knowledge of the occurrence. This report shall outline the
actions taken or proposed to be taken to ensure that the problem does not recur.
4
IV. • INSPECTIONS
1. The Permittee or his designee shall inspect the storage, transport, and treatment facilities related
to the distribution program to prevent malfunctions and deterioration, operator errors and
discharges which may cause or lead to the release of wastes to the environment, a threat to
human health, or a nuisance. The Permittee shall maintain an inspection log or summary
including at least the date and time of inspection, observations made, and any maintenance,
repairs, or corrective actions taken by the Permittee. 'This log of inspections shall be
maintained by the Permittee for a period of five years from the date of the inspection and shall
be made available to the Division or other permitting authority, upon request.
2. Any duly authorized officer, employee, or representative of the Division may, upon
presentation of credentials, enter and inspect any property, premises or place on or related to
the distribution program at any reasonable time for the purpose of determining compliance with
this permit; may inspect or copy any records that must be kept under the terms and conditions
of this permit; and may obtain samples of groundwater, surface water, -or leachate.
V. GENERAL CONDITIONS
1. This permit shall become voidable unless the distribution program is operated in accordance
with the conditions of this permit, the supporting materials, and in the manner approved by
the Division.
2. This permit shall be effective only with respect to the nature and volume of product
containing animal residuals described in the application and other supporting data.
3. Failure to abide by the conditions and limitations contained in this permit may subject the .
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statutes § 143-215.6A through § 143-215.6C.
4. The annual administering and compliance fee shall be paid by the Permittee within 30 days
after being billed by the Division. Failure to pay the fee accordingly may cause the Division
i .0105
5. The issuance of this permit does not preclude the Pennittee from complying with any and all
statutes; rules; regulations, or ordinances that may be imposed by other government agencies _
(i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable
river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control
requirements in 15A NCAC' Chapter 4 and under the Division's General Permit NCGO 10000,
and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC .
.0500.
6. This permit may be modified, revoked, and/or reissued to incorporate any conditions,
limitations and monitoring requirements the Division deems necessary in order to protect the
environment and public health adequately.
i
7. The Perrnittee; at least six. months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Division shall review the adequacy of the
distribudull plui;riil. dldsci-ibcd 1l1C;)C1rl, anJ Ji 11arrantC''Cl, shall cxtenll Ll,e pu1iid for stjuln
period of time and under such conditions.and limitations as it may deem appropriate. ;
5
8. This permit shall,not be automatically transferable. In the event that there is a desire for the
distribution program to change ownership or to change the name of the Permittee, a formal
permit request shall be submitted to the Division documentation from the parties involved
and other supporting materials as may be appropriate. The approval of this request shall be
considered on its merits and may or may not be approved.
Permit issued this the twenty-first day of February, 2012.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Charles Wakild, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0035785
6.
Attachment A
DIVISION OF WATER QUALITY REGIONAL OFFICES
Asheville Regional Office
Fayetteville Regional Office
Mooresville Regional Office
APS Supervisor
APS Supervisor-
APS Supervisor
2090 U.S. Highway 70
225 Green St., Suite 714
610 E. Center Ave., Suite 301
Swannanoa, NC 28778
Fayetteville, NC 28301
Mooresville, NC 28115
Phone: (828) 296-4500
Phone: (910).433-3300
Phone: (704) 663-1699
Fax: (828) 299-7043
Fax: (910) 486-0707
Fax: (704) 663-'6040
Avery Macon
Anson Moore
Alexander - Lincoln
Buncombe Madison
Bladen Robeson
Cabarrus Mecklenburg
Burke McDowell
Cumberland Richmond
Catawba Rowan
Caldwell Mitchell
Wake Sampson
Cleveland Stanly
Cherokee Polk
Hoke Scotland
Gaston Union
Clay Rutherford
Montgomery
Iredell= ,
Graham Swain
J
Haywood Transylvania
Henderson Yancey
Jackson
Raleigh, Regional Office
Washington Regional Office
Wilmington Regional Office
APS Supervisor
APS Supervisor
APS Supervisor
3800 Barrett Drive
943 Washington Square Mall
127 Cardinal Drive Extension
Raleigh; NC 27609
Washington, NC 27889
Wilmington, NC 28405-3845
Phone: (919) 791-4200
Phone: (252) 046-6481
Phone: (910) 796-7215
Fax: (919) 571-4718
Fax: (252) 975-3716
Fax: (910) 350-2004
Chatham Wake
Beaufort Jones
Brunswick New Hanover
Durham Northampton
Bertie Lenoir
Carteret Onslow
Edgecombe , Orange
Camden Martin
Columbus Pender
Franklin Person
Chowan Pamlico
Duplin
Granville Vance
Craven Pasquotank
Halifax Wake
Currituck Perquimans
Johnston Warren
Dare, 'Pitt
Greene Washington.
Hertford Wayne
Hyde
Winston-Salem Regional Office
APS Supervisor
585 Waughtown Street
Winston-Salem, NC 27107
Phone: (336) 771-5000
Fax: (336) 771-4630
Alamance Rockingham
Alleghany Randolph
Ashe Stokes
Caswell Surry
Davidson Watauga
Davie : Wilkes
Forsyth Yadkin
Guilford