NC0072575_Report_19950105

State of North Carolina
Department of Environment,
Health and Natural Resources
Report of Proceedings for
Golden Poultry Company
EMC WQSOC 94-18
Volume I
Summary and Recommendations
Public Meeting
January 5, 1995
Sanford, NC
Environmental Management Commission
Raleigh, North Carolina

Meeting Officers Report and Recommendation
Submitted by Ken Eagleson
Golden Poultry Company, Inc., Special Order by Consent Request
SOC WQ 94-18
NPDES NCO072575
Lee County
On January 5, 1995, a public meeting was held in Sanford, N.C. to solicit
public comment on the proposed issuance of a Special Order by Consent
(SOC) attached as Appendix A along with the SOC application. The public
meeting was held at the request of Chatham County and the Public. As
appointed by the Director of the Division of Environmental Management, A.
Preston Howard Jr., I acted as public meeting officer for this meeting. A
copy of that appointment is attached as Appendix B. The December 5,
1994 public notice of the meeting is attached as Appendix C. There were
eight members of DEM staff present including Judy Garrett, Water Quality
Supervisor of the Raleigh Regional Office and Dianne Williams Wilburn,
Facility Assessment Supervisor. Approximately 125 people were in
attendance. Twenty six individuals presented verbal comments. A
transcript of the meeting is attached as Appendix D. The Speakers- List is
attached as Appendix E and the written comments received during the
notice process are attached in Appendix J.
Golden Poultry is located in Lee County and is in the business of poultry
processing. Poultry utilized by this facility are supplied by approximately
130 farming operations in Lee and surrounding Counties. Of the 26
speakers there were 20 speakers who expressed their desire that the
proposed SOC not be issued. Most speakers who favored the issuance of
the SOC cited the tremendous economic input that the facility made to the
local communities. Those who spoke , against issuance identified water
quality concerns in the Deep River, odors leaving the facility and
degrading their quality of life as local residents and the frequent
occurrence of some type of flying insect that was said to be present in
numbers dense enough to be considered a nuisance.
Golden Poultry was initially issued NPDES permit No. NCO072575 April 4,
1988 for an overland flow wastewater treatment system. The permit was
modified and reissued August 1, 1990. The permit was renewed and
reissued June 1, 1993, with the same effluent limitations and monitoring
requirements as the permit issued August 1, 1990. This permit is being
contested by Golden Poultry in the Office of Administrative Hearings and
this case is still unresolved.
Whereas Golden Poultry contends they cannot comply with the effluent
limits in the permit for BOD and Ammonia, the issuance of a Special Order
by Consent was requested by the Company. The proposed Order would relax
the BOD monthly averages from 40 Ibs/day in the summer and 80 Ibs/day

in the winter to 80 ibs/day in the summer and 160 Ibs/day in the winter.
Also, the Ammonia -Nitrogen limit would be modified from 4.2 Ibs/day in
the summer and 8.4 Ibs/day in the winter to 12 Ibs/day in the summer and
24 Ibs/day in the winter. To achieve the limits for these parameters, a
schedule of activities is contained in the order:
1) On or before October 1, 1994, perform a diagnostic evaluation
of the current treatment works at the facility and submit a
written report with recommendations for improved treatment,
2) On or before December 1, 1994, implement any operational
changes recommended in the diagnostic evaluation,
3(a) On or before December 1, 1994, perform an evaluation of the
feasibility and efficacy of diverting or eliminating additional
extraneous on -site and off -site stormwater flowing onto the
spray irrigation terraces or entering the effluent channel,
3(b) If the results of the evaluation performed show that this is
practical, eliminate all extraneous on -site and off -site
stormwater flowing onto the spray irrigation treatment fields or
effluent channels by regarding up slope areas prior to June 1,
1995,
4) Develop a detailed engineering economic analysis comparing
present worth costs of possible alternatives to achieve
compliance with existing NPDES limits by February 1, 1995,
5) In conjunction with DEM, negotiate a comprehensive study plan
for the Company's discharge and the segment of the Deep River
from Carbonation Dam through the affected area downstream by
December 1, 1994 and
6) Comply with final effluent limits on or before May 1, 1996.
As drafted, the order contains stipulated penalties for failure to meet the
schedule dates and limits in the order as follows: $100 per day for the
first seven days and $500 per day thereafter for failure to meet a
schedule date, $1000 per violation of the modified effluent limits, $100
per omitted value for any failure to monitor, and $50 per day for the first
seven days and $250 per day thereafter for failure to submit the reports
as specified in the order.
The requested Order would expire August 1, 1996. As you will note, many
of the milestones have already passed. Golden Poultry has submitted the
required materials under the proposed SOC in accordance with the
designated timeliness. Of specific interest is the requirement that Golden
Poultry submit a diagnostic evaluation of the current treatment works.

The report was received by the identified date in the proposed SOC. This
report is attached as Appendix F. Water Quality Staff, however had
additional questions regarding the submittal and notified Golden Poultry
by certified mail on November 8, 1994 . Included in this correspondence
was a list of 17 questions that specifically identified areas requiring
additional information needed. This correspondence is attached as
Appendix G. A response was requested within thirty days. No response
was received within the thirty day period. On December 16, 1994, another
letter was sent to Golden Poultry further emphasizing the request. This
correspondence is attached as Appendix H.
On January 17, 1995 Golden Poultry submitted their response to the DEM
November 8, 1994 request for further information (See Appendix F).
Significant Points of Consideration
There are a variety of issues and facts that I believe are significant with
regard to a final recommendation on issuance of the proposed SOC. They
are as follows:
1. Production with regard to numbers of chickens has been fairly
consistent since start up.
2. The company contends that non-compliance with permit
limitations is primarily associated with rainfall and has provided
evidence that higher mass of BOD and NH3 occurs during rain
events. They also point to the procedure by which various fields
are taken out of service in order to remove the crop as also
contributing to short-term increases in constituent loading.
3. On December 18, 1991 the facility was issued a NOV and
Inspection report. This correspondence made the observation that
most self -monitoring was being performed during low discharge
volume days. The correspondence indicated that representative
sampling was a requirement of the permit and that because the
permit limitations were written in mass units the compliance
monitoring should also include samples at higher flows.
4. Golden Poultry responded by consistently sampling the same
day of every week in a month.
5. Numerous (at least 20) NOV's have been issued to Golden
Poultry for exceedances of BOD or NH3 limits since the facility
became operative. These NOV's occurred both before and after
alterations in their self -monitoring sample regime.

6. Until June 1990 the facility utilized its Overland Flow fields
seven days a week. Odor complaints from local residents caused
Golden Poultry to stop spraying on the weekends.
7. Even though a decision has not yet been made on the SOC by the
EMC, the facility has met the required milestone dates to this
point.
8. The proposed SOC requires that the facility be in compliance
with final limits on or before May 1, 1996.
North Carolina Administrative Code 2H .1206 (b)(1) requires that SOC's
not be evaluated unless it is demonstrated by the permittee to the
satisfaction of the Director that non-compliance is not due to failure by
the permittee to properly operate, manage and maintain the waste water
treatment system and that the existing waste treatment system is being
operated in such a way as to attain the highest degree of treatment
possible under the existing conditions. The demonstration must also
evaluate all reasonably available low -capital -cost interim improvements,
even though they may not be directly related to the final treatment option.
It is my opinion that if the recommendations in the September 28, 1994
transmittal (Diagnostic Evaluation Report Appendix F) are adhered to
throughout the SOC period, then this demonstration has been made.
Recommendations
Because Golden Poultry is periodically in non-compliance with their BOD
and NH3 limits within their NPDES permit and where as no specific
remedies are immediately available and since the facility has been
meeting commitments within the proposed SOC; it is my recommendation
to the NC Environmental Management Commission that the subject SOC be
agreed to and signed by this Commission.
Submitted by: Ken Eagleson 2/14/95
Assistant Water Quality Section Chief for Environmental Sciences
NC DEM/ Water Quality Section

Appendix A

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 3, 1995
MEMORANDUM
To: Ken Eagleson
From Preston Howard
Subject: Designation as Meeting Officer
Q��
IDEHNF1
I am hereby designating you as Meeting Officer for the Golden Poultry public
meeting to be held in Sanford on January 5th, 1995. The meeting will convene at
7:00 P.M.
I have attached a public notice for the meeting and a copy of the Information
Package for your information. The Water Quality staff will be preparing some draft
remarks for your consideration during the next few days and will forward them to
you.
Attachment
cc: Steve Tedder
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50 % recycled/ 10 % post -consumer paper

Appendix B

• - ; WQ ORDER
J i r J
NORTH CAROLINA
ENVIRON IENTAL MANAGEMENT COMMISSION
COUNTY OF LEE
IN THE MATTER OF
NORTH CAROLINA ) SPECIAL ORDER BY CONSENT
NPDES PERMIT ) EMC WQ S o C 9 4 -18
NO. NCO072575 )
HEIR BY THE GOLDEN }
:1
POULTRY COMPANY, INC.' )
Pursuant to provisions of North Carolina General Statute (G.S.) 143-215.2, this Special
Order by Consent ("SOC") is entered into by the Golden Poultry Company, Inc.,
hereinafter referred to as the Company, and the North Carolina Environmental Management
Commission, an agency of the State of North Carolina created by G.S. 143B-282, and
hereinafter referred to as the Commission:
1. The Company and the Commission hereby stipulate the following:
(a) The Company holds North Carolina NPDES Permit No, NCO072575 (the
"Permit") for operation of an existing wastewater treatment works and for making
an outlet therefrom for treated wastewater to the Deep River, Class C waters of
this State in. the Cape Fear River Basin, but is unable to consistently comply with
the final effluent limitations for BOD5 and NH3-N set forth in the Permit.
Compliance will require studies and may require preparation of plans and
specifications for and construction and operation of additional treatment works.
(b) That noncompliance with final effluent limitations constitutes causing and
contributing to water pollution in the waters of the State named above, and the
Company is within the jurisdiction of the Commission as set forth in G.S. Chapter
143, Article 21.
(c) Since this Special Order is by Consent, neither parry will file a petition for a
contester) case or for judicial review concerning its terms.
2. The Company, desiring to comply with NPDES Permit No. NCO072575 hereby
agrees to do the following:
(a) Comply with all terms and conditions of NPDES Permit No. NC0072575
except those effluent limitations identified in paragraph 1(a) above. See attachment
A for all current monitoring requirements and effluent limitations.
(b) Undertake the following activities in accordance with the indicated time
schedule:
1) On or before October 1,1994, perform a diagnostic evaluation of
the current treatment works at the Golden Poultry Wastewater
Treatment Facility and submit a written report with

WQ ORDER e""6t/ 1` L -Q)C
recommendations for improved treatment to the Division of
Environmental Management (DEM).
2) On or before December 1, 1994, implement any operational
changes recommended in the diagnostic evaluation.
3(a) On or before December 1, 1994, perform an evaluation of the
feasibility and efficacy of diverting or eliminating additional
extraneous on -site and off -site stormwater flowing onto the spray
irrigation terraces or entering the effluent channel.
(b) If the results of the evaluation performed pursuant to the above
paragraph show that it is practical, eliminate all extraneous on -sire
and off -sire stormwater flowing onto the spray irrigation treatment
fields or effluent channels by regrading up slope areas prior to June
1, 1995.
4) Develop a detailed engineering economic analysis comparing
present worth costs of possible alternatives to achieve compliance
with existing NPDES limits. Alternatives shall include, but not be
limited to: modification of the current treatment works by the
addition of new treatment works, construction of conventional
tertiary treatment works, and elimination of discharge through
connection to municipal facilities. The report shall be completed and
submitted to DEM on or before February 1, 1995 and reviewed and
commented upon by DEM 90 days after receipt. If the Company
decides to proceed with one of the engineered alternatives, a
schedule for the completion of construction will be set forth in an
amended SOC, if necessary.
5) In conjunction with DEM, negotiate a comprehensive study plaa._
for the Company's discharge and the segment of the Deep River
from Carbonton Dam through the affected area downstream. The
study plan proposal shall be completed and submitted to DEM by
December 1, 1994 and approved by DEM 90 days after receipt.
Upon review and approval by DEM of the study plan, if the
Company decides to proceed with the study, a schedule for the
completion of the study will be set forth in an amended SOC.
However, in the event that the Company and DEM cannot reach
agreement on the terms of the study plan, the Company and DEM
agree that the limitations in Attachment A shall continue to be
effective until May 1, 1996, or until NPDES Permit No.
NCO072575 is modified, revoked or reissued.
6) On or before May 1, 1996, the Company shall comply with all
final effluent limitations contained in NPDES Permit No.
NCO072575 as modified or reissued, or eliminate the discharge and
request rescission of the NPDES Permit
ap.soc-9408

wQ ORDER
(c) During the time in which this Special Order by Consent is effective, comply
with the interim effluent limitations contained in Attachment A. The following table
v
reflects only the limitations that have been modified from NPDES requirements by
this Order.
Parameter
Units
Permit Limits
(summer/winter)
Modified Limits (all year)
Monthly
Average
Daily
Maximum
Monthly
Average
Daily
Maximum
BOD5
lbs/day
40.0/80.0
80.0/160.0
80.0
160.0
NH3-N
lbs/day
4.2/8.4
8.4/ 16.8
12.0
24.0
Rainfall
inches
NA
I NA
report
report
Samples shall be collected weekly. Any sample collected, whether during a rain
event or during fair weather, must be analyzed and the data reported on the DEM
MR-1 form.
(d) No later than 14 calendar days after any date identified for accomplishment of
. . 1• 1 • /%"1_\ _L_ -L_ -.: L- XT-1.
Division of Environmental Management (DEM) written notice of compuance or
noncompliance therewith. In the case of noncom liiaance. the notice shall include a
statement of the a n(s) ' r noncompHance, remedial action(s) taken ` and a
statement identifying the extent to which subsequent -dates or times for
accomplishment of listed activities maybe affected.
3. Effective upon the signing of this Special Order by Consent by both parties, the
Company hereby withdraws its petitions for a contested case hearing as the NPDES Permit
No. NC6072575 and the Notices of Violation issued on July 26, 1993, September 14,
1993, November 23, 1993, and December 21, 1993 (93 EHR 0603, 93 EHR 0835, 93
EHR 1099, 93 EHR 1741, 94 EHR 0152). Execution of this order resolves any
outstanding water quality permit violations which occurred prior to August 10,1994.
4. The Company agrees that unless excused under paragraph 5, the Company will pay
the Director of DEM, by check payable to the North Carolina Department of Environment,
Health and Natural Resources, according to the following schedule for failure to meet the .
deadlines set out in paragraphs 2(b) and 2(d), or failure to attain compliance with the
effluent lim,imdons/monitoring requirements contained in Attachment A.
Failure to meet schedule date
5100/day for the first 7 days; 5500/day
thereafter
Failure to maintain compliance with any
51000/violation
modified limit contained in the SOC
Failure to achieve compliance with final
$10,000
effluent limits at final compliance deadline
Monitoring frequency violations
5100.00/omitted value
Failure to submit reports as specified in
S50/day for the first 7 days; $250/day
2 (b)
thereafter
0cyp.soc-9408

WQ ORDER
5 . The Company and the Commission agree that the stipulated penalties are not due ii
the Company satisfies the DEM that noncompliance was caused solely by:
a. An act of God;
b. An act of war,
c. An intentional act or omission of a third party, but this defense shall not be
available if the act or omission is that of an employee or agent of the Company or if
the act or omission occurs in connection with a contractual relationship with the
Company
d. An extraordinary documented event beyond the Company's control, including an
event which results in a bypass or an upset as those terms are defined at 40 CFR
§ 122.41. Contractor delays or failure to obtain funding will not be considered as
events beyond the Company's control; or
e. Any combination of the above causes.
Failure within 30 days of receipt of written demand to pay the penalties, or challenge them
by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection
action, which the Attorney General is hereby authorized to initiate. The only issue in such
an action will be whether the 30 days has elapsed.
6. Noncompliance with the terms of this Special Order by Consent is subject to
enforcement action in addition to the above stipulations, including Miunctive relief pursuant
to G.S. 143-215.6C.
7. This Special Order by Consent and any terms, conditions and interim effluent
limitations contained herein, hereby supersede any and all previous Special Orders and
Enforcement Compliance Schedule Letters, and terms, conditions, and limitations
contained therein issued in connection with NPDES Permit No. NC0072575.
8. The permittee, upon signing of the Special Order by Consent, will be expected to
comply with all schedule dates, terms, and conditions of this document.
9. This Special Order by Consent shall expire on August 1, 1996.
For the Golden Poultry Company, Inc.:
acyv-t.� �-J • 'Date q 4
('Tide) vioee- r -esident
For the North Carolina Environmental Management Commission
Date
Chair of the Commission
0ap.soc-9408

Attachment A
A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Interim --Special Order by Consent Permit NCO072575
During the period beginning on the effective date of this Special Order by Consent and lasting until May 1, 1996, the Permittee Is authorized to
discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below:
19 (if i i .
mmmm
Flow
BOD, 5 Day, 200C 80.0
N113 as N 12.0
Dissolved Oxygen**
Total Suspended Solids 496.0
Oil & Grease 160.0
Fecal Coliform (geometric mean)
Total Residual Chlorine
Temperature
Total Nitrogen (NO2+NO3+TKN)
Total Phosphorus
Conductivity
Chronic Toxicity***
160.0
24.0
992.0
320.0
200.0/100ml
Monitoring_Requirementg
Measurement
Daily Max, Frequency
Samule
TY=
Sample
Location
Continuous
Recorder
E
Weekly
Composite
E. U, D
Weekly
Composite
E
Weekly
Grab
E, U, D
Weekly
Composite
E
Weekly
Grab
E
400.0/100ml Weekly
Grab
E, U, D
Daily
Grab
E
Weekly
Grab
E, U, D
Monthly
Composite
E
Monthly
Composite
E
Weekly
Grab
U, D
Quarterly
Composite
E
*Sample Locations: E-Effluent, I -Influent, U-Upstream at NCSR 1400, D-Downstream, 50' above City of Sanford outfall
All stream samples shall be grab samples.
**The daily average dissolved oxygen effluent concentration shall not be less than 6.6 mg/l.
***Chronic Toxicity (Ceriodaphnia) P/F at 9.0%, January, April, July, and October; See Attachment B.
The pl i shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab
sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

ATTACHMENT B
Permit No. NCO072575
CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY)
The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in:
1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina
Chronic Bioassay Procedure - Revised *September 1989) or subsequent versions.
The effluent concentration at which there may be no observable inhibition of reproduction or
significant mortality is 9% (defined as treatment two in the North Carolina procedure document).
The permit holder shall perform quarterly monitoring using this procedure to establish
compliance with the permit condition. The first test will be performed after thirty days from the
effective date of this permit during the months of January, April, July and October. Effluent
sampling for this testing shall be performed at the NPDES permitted final effluent discharge
below all treatment processes.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the month in which it was performed, using the
parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following
address: -
Attention:
Environmental Sciences Branch
North Carolina Division of
Environmental Management
4401 Reedy Creek Road
Raleigh, NC 27607
Test data shall be complete and accurate and include all supporting chemical/physical
measurements performed in association with the toxicity tests, as well as all dose/response data.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine
is employed for disinfection of the waste stream.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this
monthly test requirement will revert to quarterly in the months specified above.
Should any test data from this monitoring requirement or tests performed by the North Carolina
Division of Environmental Management indicate potential impacts to the receiving stream, this
Special Order by Consent may be re -opened and modified to include alternate monitoring
requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival and appropriate environmental controls, shall constitute an invalid test
and will require immediate retesting (within 30 days of initial monitoring event). Failure to
submit suitable test results will constitute noncompliance with monitoring requirements.