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Home My WebLink AboutWQ0008349_Final Permit_20240729 July 29, 2024 WILLIAM SHANAHAN – TOWN MANAGER TOWN OF NEWPORT POST OFFICE BOX 1869 NEWPORT, NORTH CAROLINA 28570 Subject: Permit No. WQ0008349 Town of Newport Class B Residuals Program Land Application of Class B Residuals Carteret County Dear Mr. Shanahan: In response to your permit major modification and renewal request received on May 1, 2024, we are forwarding herewith Permit No. WQ0008349 dated July 29, 2024, to the Town of Newport for the continued operation of the subject residuals management program. Modifications to the subject permit are as follows: ➢ The Division has added the following fields in Craven County: o Field 3-1 (Parcel No. 1-068-034) at 26.53acres. o Field 3-2 (Parcel No. 1-068-034) at 16.57 acres. o Field 3-3 (Parcel No. 1-068-034) at 6.80 acres. This permit is effective from the date of issuance through June 30, 2032, shall replace Permit No. WQ0008349 issued on April 10, 2019, and is subject to the conditions and limitations specified therein. The Permittee shall submit a renewal application no later than January 2, 2032. Please pay 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 may result in non-compliance. The Division has removed the following permit condition since the last permit issuance dated April 10, 2019: ➢ Old Condition IV.6 – The Division has removed this condition because Condition IV.5 includes this language. Mr. William Shanahan July 29, 2024 Page 2 of 2 The following permit conditions are new or modified since the last permit issuance dated April 10, 2019: ➢ Condition I.1 – The Division has moved Old Condition VI.5 from Section VI to Section I. ➢ Condition II.11 – The Division has moved Old Condition VI. ➢ Condition II.12 – The Permittee or any landowner who owns land within the compliance boundary shall not construct any water supply wells within the compliance boundary. ➢ Condition III.6 and III.7 – The Division has moved Old Condition II.3 from Section I to Section III. ➢ Condition III.8 – The Division has moved Old Condition II.9 from Section I to Section III. ➢ Condition III.9 – The Division has moved Old Condition II.13 from Section I to Section III. ➢ Condition IV.2 – A Division-certified laboratory shall conduct all required analyses. This permit can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within 30 calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Those interested in filing may access additional information regarding the requirements for filing a Petition and Petition forms at the OAH website or by calling the OAH Clerk’s Office at (919) 431-3000. A party filing a Petition shall serve a copy of the Petition on the Department of Environmental Quality’s Office of General Counsel at 1601 Mail Service Center, Raleigh, NC 27699-1601. If the party filing the Petition is not the Permittee, then the party shall also serve the Permittee pursuant to G.S. 150B-23(a). If you need additional information concerning this permit, please contact Elton Luong at (919) 707- 3661 or elton.luong@deq.nc.gov. Sincerely, Richard E. Rogers, Jr., Director Division of Water Resources cc: Carteret County Health Department (Electronic Copy) Craven County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) WQ0008349 Version 5.0 Shell Version 230516 Page 1 of 12 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH LAND APPLICATION OF CLASS B RESIDUALS PERMIT _____________________________________________________________________________________ Pursuant to 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 Town of Newport Carteret County FOR THE continued operation of a residuals management program for the Town of Newport consisting of the land application of Class B residuals generated by the approved facility listed in Attachment A to the approved fields listed in Attachment B to serve the Town of Newport Class B Residuals Program, with no discharge of wastes to surface waters, pursuant to the application received on May 1, 2024. This permit does not exempt the Permittee from complying with 40 CFR Part 257 or 40 CFR Part 503. This permit is effective from the date of issuance through June 30, 2032, shall replace Permit No. WQ0008349 issued on April 10, 2019, and is subject to the following conditions and limitations: I. SCHEDULES 1. If the permitted program changes ownership or the Permittee changes its name, the Permittee shall submit a permit modification request on Division-approved forms within 90 days of the change of ownership. The Permittee shall comply with all terms and conditions of this permit until the Division transfers the permit to the successor-owner. [G.S. 143-215.1(d3)] 2. The Permittee shall request renewal of this permit on Division-approved forms no later than January 2, 2032. [15A NCAC 02T .0105(b), 02T .0109] WQ0008349 Version 5.0 Shell Version 230516 Page 2 of 12 II. PERFORMANCE STANDARDS 1. The Permittee shall operate and maintain 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 does not perform as permitted, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the land application areas to assimilate the residuals, the Permittee shall immediately cease land applying residuals, take immediate corrective actions, and contact the Wilmington Regional Office supervisor. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of its responsibility for contravention of groundwater or surface water standards resulting from the operation of this residuals management program. [15A NCAC 02T .0108(b)(1)(A)] 3. The Permittee shall not land apply residuals to the sites listed in Attachment B when the residual pollutant concentrations exceed the following 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 Nickel 420 420 374 Selenium 100 100 89 Zinc 7,500 2,800 2,498 The Permittee shall determine compliance with the cumulative pollutant loading rates 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. b. By determining background concentrations through representative soil sampling for land where residuals application has not occurred or for which the required data is incomplete. [15A NCAC 02T .1105(a), 02T .1105(b)] 4. The Permittee shall only land apply Class B biological residuals that meet the pathogen reduction requirements in 15A NCAC 02T .1106(b) to the sites listed in Attachment B. Class B biological residuals generated from the treatment of wastes not containing pathogens are exempt from pathogen reduction requirements. The Division shall specify any exemptions from the requirements in this condition in Attachment A. [15A NCAC 02T .1106(b), 02T .1106(d)] 5. The Permittee shall only land apply Class B biological residuals that meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a) to the sites listed in Attachment B. Industrial Class B biological residuals are exempt from vector attraction reduction requirements if the Permittee can demonstrate that the residuals are pathogen-free or meet the pathogen reduction requirements in 15A NCAC 02T .1106(b)(2). The Division shall specify any exemptions from the requirements in this condition in Attachment A. [15A NCAC 02T .1107(a), 02T .1107(c)] WQ0008349 Version 5.0 Shell Version 230516 Page 3 of 12 6. The Permittee shall not apply residuals or other sources of Plant Available Nitrogen (PAN) to the sites listed in Attachment B in exceedance of agronomic rates. The Permittee shall calculate agronomic rates using the expected nitrogen requirements based on Realistic Yield Expectations (RYE). The Permittee shall determine RYE using one of the following methods: a. Division-approved site-specific historical data for specific crops and 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 crops and soil types as provided by the North Carolina Cooperative Extension. c. A Crop Management Plan as outlined by the North Carolina Cooperative Extension, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or a certified crop adviser. d. A Waste Utilization Plan as outlined in Chapter 1 of the Senate Bill 1217 Interagency Group Guidance Document. e. A Certified Nutrient Management Plan as outlined in the Natural Resource Conservation Service’s Nutrient Management Conservation Practice Standards. If the Permittee cannot determine the RYE and appropriate nutrient application rates for the specific crop or soil types, then the Permittee shall contact the Wilmington Regional Office at the telephone number (910) 796-7215. [15A NCAC 02T .1109(a)(1)(K)] 7. The Permittee shall reduce the hay crop realistic yield nitrogen rate by 25% when residuals are land applied to grazed pasture. [15A NCAC 02T .0108(b)(1)(A)] 8. Residual land application sites with harvested or grazed secondary crops can receive an additional PAN application rate not to exceed 50 pounds per acre per year (lbs/ac/yr). If the second crop is not for harvest or grazing, then the second crop cannot receive additional PAN. [15A NCAC 02T .0108(b)(1)(A)] 9. For residual land application fields originally permitted on or after December 30, 1983, the Division has established the compliance boundary 250 feet from the residual land application area boundary or 50 feet within the property boundary, whichever is closest to the residual land application area boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require the Permittee to take corrective action. The Division shall note any Division-approved relocation of the compliance boundary in Attachment B. The Division shall consider multiple contiguous properties under common ownership and permitted for use as a disposal system as a single property regarding the determination of a compliance boundary. [15A NCAC 02L .0106(e), 02L .0107(b), 02L .0107(c), 02L .0107(f), 02T .0105(h)] 10. The Division has established the review boundary midway between the compliance boundary and the residual land application area boundary. Any exceedance of groundwater standards at or beyond the review boundary shall require the Permittee to take preventative action. [15A NCAC 02L .0106(d), 02L .0108] 11. The Permittee shall notify the Division of any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC 02L .0107(l)] 12. The Permittee or any landowner who owns land within the compliance boundary shall not construct any water supply wells within the compliance boundary. [15A NCAC 02L .0107(i)] WQ0008349 Version 5.0 Shell Version 230516 Page 4 of 12 13. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks: a. Setbacks for Class B land application sites are as follows (all distances in feet): Surface Application by Vehicle Irrigation Surface Application Injection / Incorporation i. Each habitable residence or place of assembly under separate ownership: 400 400 200 a. Each habitable residence or places of assembly owned by the Permittee, the owner of the land, or the lessee or operator of the land: 0 200 0 b. Each property line: 50 1 150 1 50 1 c. Public right of way: 50 50 50 d. Each private or public water supply source: 100 100 100 e. Surface waters such as intermittent and perennial streams, perennial waterbodies, and wetlands: 32.8 32.8 32.8 f. Surface water diversions such as ephemeral streams, waterways, and ditches: 25 25 25 g. Groundwater lowering ditches where the bottom of the ditch intersects the SHWT: 25 100 25 h. Subsurface groundwater lowering systems: 0 100 0 i. Each well with exception of monitoring wells: 100 100 100 j. Bedrock outcrops: 25 25 25 k. Top of slope of embankments or cuts of two feet or more in vertical height: 15 15 15 l. Each building foundation or basement: 0 15 0 m. Each water line: 0 10 0 n. Nitrification field: 0 20 0 1 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. [15A NCAC 02T .1108(c)] WQ0008349 Version 5.0 Shell Version 230516 Page 5 of 12 III. OPERATION AND MAINTENANCE 1. The Permittee shall operate and maintain the subject residuals management program as a non-discharge system. [15A NCAC 02T .0101] 2. The Permittee shall notify the Wilmington Regional Office, telephone number (910) 796-7215, 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 residual land application event. [15A NCAC 02T .0108(b)(1)(A)] 3. The Permittee shall notify the Wilmington Regional Office, telephone number (910) 796-7215, at least one business day in advance of conducting any land application activity. The notification shall include the anticipated application date, time, and field name as listed in Attachment B. The Wilmington Regional Office shall approve any exceptions to this requirement. [15A NCAC 02T .0108(b)(1)(A)] 4. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the program and all associated facilities and equipment in sufficient detail to show what operations are necessary for the program to function and who shall conduct the operations. b. A description of anticipated maintenance of facilities and equipment associated with the program. c. Provisions for safety measures, including restriction of access to sites and equipment . d. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation; and contact information for personnel, emergency responders, and regulatory agencies. e. Detailed procedures for sampling and monitoring to ensure that the program stays in compliance with this permit. [15A NCAC 02T .1110(a)] 5. Upon the Water Pollution Control System Operators Certification Commission’s (WPCSOCC) classification of the subject non-discharge facilities, 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 its Back-up shall operate and visit the facilities as required pursuant to 15A NCAC 08G .0204 and 08G .0205. [15A NCAC 02T .0117] 6. The Permittee shall only land apply residuals generated by the facility listed in Attachment A. [15A NCAC 02T .1101] 7. The Permittee shall only land apply residuals to the fields listed in Attachment B. [G.S. 143- 215.1(a)(9)] 8. The Permittee shall clearly mark each Class B land application area prior to and during any residual application event. [15A NCAC 02T .1110(g)] 9. 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), 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)] 10. The Permittee shall ensure that this permit and the Division-approved Operation and Maintenance Plan are available when land applying residuals. [15A NCAC 02T .1110(b)] WQ0008349 Version 5.0 Shell Version 230516 Page 6 of 12 11. The Permittee shall ensure that spill control provisions are available when transporting or land applying residuals. [15A NCAC 02T .1110(a)(4)] 12. The Permittee shall not store or stage Class B residuals at any land application site without prior written Division approval. The Permittee shall store or stage Class B residuals in a manner to prevent runoff of leachate and other wastewaters generated. [15A NCAC 02T .1110(c), 02T .1110(e)] 13. The Permittee shall take measures to prevent wind erosion and runoff from the land application sites listed in Attachment B. [15A NCAC 02T .0108(b)(1)(A)] 14. The Permittee shall not land apply Class B residuals under the following conditions: a. 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. The application causes nuisance conditions. c. The land does not assimilate the residuals, or the application causes the contravention of surface water or groundwater standards. d. Runoff of the residuals would occur because of flooded, frozen, or snow-covered land. e. Within the 100-year floodplain elevation unless the Permittee injects the residuals or incorporates the residuals within 24 hours following a residual land application event. f. During precipitation events or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period. g. The slope of the land is greater than 10% when the Permittee surface applies liquid residuals, or if the slope of the land is greater than 18% when the Permittee injects or incorporates liquid residuals. h. The land does not have an established vegetative cover crop unless the land is a Division-approved no-till site, or the Permittee injects or incorporates the residuals within 24 hours of application. i. The vertical separation of the seasonal high water table and the depth of residual application is less than one foot. j. The vertical separation of the depth to bedrock and the depth of residual application is less than one foot. k. The application exceeds agronomic rates, except for dedicated sites where the Permittee has specifically requested and the Division has approved higher rates pursuant to 15A NCAC 02T .1104(d). l. The land application sites are located within: i. A WS-I watershed pursuant to 15A NCAC 02B .0212. ii. The Critical Area of a WS-II watershed pursuant to 15A NCAC 02B .0214(4)(g). iii. The Critical Area of a WS-III watershed pursuant to 15A NCAC 02B .0215(4)(h). iv. The Critical Area of a WS-IV watershed pursuant to 15A NCAC 02B .0216(4)(h). [15A NCAC 02T .1109(a)(1)] 15. Class B land application sites shall have the following public access restrictions: a. The Permittee shall restrict public access to public contact sites for one calendar year after a residual land application event. b. The Permittee shall restrict public access to non-public contact sites for 30 days after a residual land application event. c. The Permittee shall continuously restrict public access to dedicated land application sites while in active use and for one calendar year after the final land application event. [15A NCAC 02T .1109(a)(2)] WQ0008349 Version 5.0 Shell Version 230516 Page 7 of 12 16. Class B land application sites shall have the following harvesting and grazing restrictions: a. The Permittee shall not graze or allow the grazing of animals on land for 30 calendar days after any land application of residuals. b. The Permittee shall not harvest or allow the harvest of food crops, feed crops, and fiber crops for 30 calendar days after any land application of residuals. c. The Permittee shall not harvest or allow the harvest of food crops with harvested parts that touch the mixture of residuals and soil and are totally above the land surface for 14 months after any land application of residuals. d. The Permittee shall not harvest or allow the harvest of food crops with harvested parts below the land surface 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. The Permittee shall not harvest or allow the harvest of food crops with harvested parts below the land surface 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. f. The Permittee shall not harvest or allow the harvest of turf grown on the land for one calendar year after any land application of residuals. [15A NCAC 02T .1109(a)(3)] 17. The Permittee shall acquire from each landowner or lessee/operator of any field not owned by the Permittee 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 (NRCS) or other State Agencies. The Permittee shall calculate allowable nutrient loading rates based on the provided information and use appropriate reductions. The Division shall consider a Crop Management Plan, Waste Utilization Plan, or Certified Nutrient Management Plan as a Nutrient Management Plan. [15A NCAC 02T .0108(b)(1)(A), 02T .1104(c)(3)] 18. The Permittee shall not land apply Class B residuals to any field not owned by the Permittee unless the Landowner Agreement between the Permittee and the respective owner of the land application site is valid. The Landowner Agreements shall expire concurrently with the permit expiration date of June 30, 2032. [15A NCAC 02T .1104(c)(4)] WQ0008349 Version 5.0 Shell Version 230516 Page 8 of 12 IV. MONITORING AND REPORTING 1. The Permittee shall conduct and report any Division-required monitoring, including the monitoring of groundwater, surface water or wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon or storage ponds, and plant tissue, if necessary to evaluate this program’s impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division-certified laboratory shall conduct all required analyses. [15A NCAC 02H .0805] 3. The Permittee shall analyze the residuals from each source-generating facility to demonstrate they are non-hazardous under the Resource Conservation and Recovery Act (RCRA). The Permittee shall not apply residuals that test or are classified as hazardous or toxic waste under 40 CFR Part 261. The Permittee shall perform the corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP) analyses for each source-generating facility at the frequency specified in Attachment A. The Permittee shall maintain these results for five years and shall make them available to the Division upon request. The Division shall specify any exemptions from the requirements in this condition 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) 2,4,5-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) [15A NCAC 13A .0102(b), 02T .1101, 02T .1111(a)] WQ0008349 Version 5.0 Shell Version 230516 Page 9 of 12 4. The Permittee shall analyze the residuals from each source-generating facility for nutrients and metals at the frequency specified in Attachment A. The Permittee shall maintain these results for five years and shall make them available to the Division upon request. Each analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia-Nitrogen Molybdenum Selenium Arsenic Nickel Sodium Cadmium Nitrate-Nitrite Nitrogen Sodium Adsorption Ratio Calcium Percent Total Solids Total Kjeldahl Nitrogen Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) [15A NCAC 02T .1111(a), 02T .1111(c)] 5. The Permittee shall monitor the residuals from each source-generating facility for compliance with the pathogen and vector attraction reduction requirements at the frequency specified in Attachment A. The monitoring results shall specify the stabilization process utilized, demonstrate compliance with the Class B pathogen reduction requirements in 15A NCAC 02T .1106(b), and comply with one vector attraction reduction requirement in 15A NCAC 02T .1107(a). The Division shall specify any exemptions from the requirements in this condition in Attachment A. The Permittee shall maintain these results for five years and shall make them available to the Division upon request. [15A NCAC 02T .1106(b), 02T .1107(a), 02T .1111(a), 02T .1111(c)] 6. The Permittee shall conduct an annual representative soil analysis (i.e., Standard Soil Fertility Analysis) on each land application site listed in Attachment B that received residuals during the calendar year. The Permittee shall maintain these results for five years and shall make them available to the Division upon request. Each Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [15A NCAC 02T .0108(c)] WQ0008349 Version 5.0 Shell Version 230516 Page 10 of 12 7. The Permittee shall maintain records of all residual land application events. The Permittee shall maintain these records for five years and shall make them available to the Division upon request. These records shall include: a. Residual source(s) as listed in Attachment A. b. Date of application. c. Field applied to as listed in Attachment B. d. Approximate acreage applied. e. Application method. f. Weather conditions. g. Dominant soil series. h. Soil conditions. i. Proposed crop. j. Nitrogen Application Rate based on RYE. k. Volume of residuals applied per acre in gallons, cubic yards, dry tons, or wet tons. l. Volume of animal waste or other nutrient source applied per acre in gallons, cubic yards, dry tons, or wet tons. m. Volume of soil amendments applied per acre in gallons, cubic yards, dry tons, or wet tons. 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 II.3 (pounds per acre). iv. Plant available nitrogen (pounds per acre). v. Phosphorus (pounds per acre). [15A NCAC 02T .0108(c)] 8. On or before March 1st of each calendar year, the Permittee shall submit a Residuals Annual Report containing all the required monitoring, analyses, and records in Conditions IV.3, IV.4, IV.5, IV.6, and IV.7. Residuals Annual Report instructions and forms are located on the Non-Discharge website. If no activities occurred during the calendar year, the Permittee shall still submit a Residuals Annual Report documenting the absence of activity. The Permittee shall submit the Residuals Annual Report via the Non-Discharge online portal. [15A NCAC 02T .1111(d)] 9. Noncompliance Notification The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, structural, etc.) that makes the facility incapable of adequate residual treatment. c. Any failure resulting in a discharge to surface waters. d. Any time self-monitoring indicates the program has gone out of compliance with its permit limitations. e. Land application of residuals that are abnormal in quantity or characteristic. f. Ponding in or runoff from the land application sites. g. Any discharge from a vehicle or piping system transporting or conveying residuals. Emergencies requiring reporting outside normal business hours shall call the Division’s Emergency Response personnel at the telephone number (800) 858-0368. All noncompliance notifications shall file a written report to the Wilmington 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)] WQ0008349 Version 5.0 Shell Version 230516 Page 11 of 12 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the Permittee’s treatment, storage, distribution, and application facilities. [15A NCAC 02T .1110(f)] 2. The Permittee shall inspect the Permittee’s treatment, storage, distribution, 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 five years from the date of the inspection and shall make this log available to the Division upon request. [15A NCAC 02T .1110(f)] 3. Division-authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the residuals management program 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 influent, treatment process water, effluent, residual, soil, plant tissue, groundwater, or surface water samples. [G.S. 143- 215.3(a)(2)] VI. GENERAL 1. The Permittee’s failure to comply with this permit’s conditions and limitations may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.6B, 143-215.6C] 2. This permit is effective only for the nature and volume of wastes described in the permit application and Division-approved plans and specifications. [G.S. 143-215.1(d)] 3. There are no variances to administrative codes or general statutes governing the construction or operation of the permitted facilities unless the Permittee specifically requested a variance in the application and the Division approved the variance as noted in this permit’s facility description. [15A NCAC 02T .0105(b)] 4. 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 .0108(b)(1)(A)] 5. 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 15A NCAC 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 the Permittee keeps any Division-required records under the terms and conditions of this permit. ii. To have access to any permit-required documents and records. iii. To inspect any monitoring equipment or method as required in this permit. iv. To sample any pollutants. d. The Permittee’s failure to pay the annual fee for administering and compliance monitoring. e. A Division determination that the conditions of this permit conflict with the North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] WQ0008349 Version 5.0 Shell Version 230516 Page 12 of 12 6. Unless the Division determines that the Permittee needs a permit modification for the construction of facilities to resolve non-compliance with any environmental statute or rule, or the Division Director grants a variance, expansion of the permitted program 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. 143-215.6B or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this conviction. 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 in accordance with its permit or 15A NCAC 02T. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this penalty. 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 pursuant to 15A NCAC 02T .0105(e)(2). [15A NCAC 02T .0120(b), 02T .0120(d)] 7. Unless the Division Director grants a variance, the Division shall not renew this permit if the Permittee or any affiliation has not paid an annual fee pursuant to 15A NCAC 02T .0105(e)(2). [15A NCAC 02T .0120(c), 02T .0120(d)] 8. The Permittee shall pay an annual fee for each year of the term of this permit pursuant to the schedule in G.S. 143-215.3D(a). The Permittee shall continue to pay annual fees for any facility operating on an expired permit that the Division has not rescinded or revoked. [15A NCAC 02T .0105(e)(2)] Permit issued this the 29th day of July 2024 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ____________________________________________ Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0008349 ATTACHMENT A – APPROVED RESIDUAL SOURCES Certification Date: July 29, 2024 Town of Newport Permit Number: WQ0008349 Version: 5.0 WQ0008349 Version 5.0 Attachment A Page 1 of 1 Permittee Facility County Permit Number Biological Residuals Maximum Dry Tons per Year 1 Monitoring Frequency for Non-hazardous Characteristics 2 Monitoring Frequency for Metals and Nutrients 3, 6 Monitoring Frequency for Pathogen & Vector Attraction Reductions 4, 5, 6 Approved Mineralization Rate Town of Newport Newport WWTP Carteret NC0021555 Yes 200 Once per permit cycle Annually Annually 0.3 Total: 200 1. Maximum Dry Tons per Year is the quantity of residuals approved for land application from each permitted facility. 2. Analyses to demonstrate that the residuals are non-hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.3. 3. Testing of metals and nutrients as stipulated under permit Condition IV.4. 4. Analyses of the pathogen and vector attraction reductions as stipulated under permit Condition IV.5. 5. Class B non-biological residuals are exempt from meeting the pathogen and vector attraction reduction requirements in Condition IV.5, pro vided the Permittee does not mix them with residuals generated during the treatment of domestic wastewater, the treatment of animal processing wastewater, or the biological treat ment of industrial wastewater. The Permittee shall treat and process Class B non-biological residuals in a manner as not to meet the definition of “Biological Residuals” as defined in 15A NCAC 02T .1102(6). 6. Monitoring frequencies are based on the actual dry tons applied per year using the table below unless specified above. Dry Tons Applied (metric tons) Dry Tons Applied (short tons per year) Monitoring Frequency (15A NCAC 02T .1111(c)) < 290 < 319 Once per year (Annually) ≥ 290 to < 1,500 ≥ 319 to < 1,650 Once per quarter (4 x Year) ≥ 1,500 to < 15,000 ≥ 1,650 to < 16,500 Once per 60 days (6 x Year) ≥ 15,000 ≥ 16,500 Once per month (12 x Year) The Division shall not require sampling if no land application events occur during the required sampling period. The annual report shall include an explanation for missing sampling data. The United States Environmental Protection Agency (US EPA) may require Permittees that submit annual reports to their agency to make up the missed sampling. Contact the US EPA for additional information. THIS PAGE BLANK ATTACHMENT B – APPROVED LAND APPLICATION SITES Certification Date: July 29, 2024 Town of Newport Permit Number: WQ0008349 Version: 5.0 WQ0008349 Version 5.0 Attachment B Page 1 of 1 Field Owner Lessee Parcel No. County Latitude Longitude Net Acreage Dominant Soil Series Figures AR1 Ann Purser Roach 1-068-27000 Craven 35.325825° -77.254561° 26.09 TaB – Tarboro sand, 0 to 6% slopes 1 AR5 Ann Purser Roach 1-068-027 Craven 35.324756° -77.267472° 16.00 Ap – Arapahoe fine sandy loam 2 AR6A Ann Purser Roach 1-068-017 Craven 35.314603° -77.269639° 15.73 TaB – Tarboro sand 0 to 6% slopes 3 AR6B Ann Purser Roach 1-068-017 Craven 35.313814° -77.270761° 9.38 Ap – Arapahoe fine sandy loam 3 AR8 Ann Purser Roach 1-072-055 Craven 35.338392° -77.289503° 25.51 Se – Seabrook loamy sand 4 3-1 Gloria Ann Roach 1-068-034 Craven 35.321944° -77.265556° 26.53 Ap – Arapahoe fine sandy loam 5 3-2 Gloria Ann Roach 1-068-034 Craven 35.323056° -77.269444° 16.57 Ln – Leon sand 5 3-3 Gloria Ann Roach 1-068-034 Craven 35.324444° -77.271667° 6.80 Ln – Leon sand variant 5 Total: 142.61 42 0 , 10 ; 67 t YJ' sx r X 11 4r . 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