HomeMy WebLinkAboutWQ0017321_Final Permit_20240730
July 30, 2024
BRANDON PRETZCH – FACILITY LEADER
CARGILL, INCORPORATED
5000 SOUTH BOULEVARD
CHARLOTTE, NORTH CAROLINA 28217-2700
Subject: Permit No. WQ0017321
Cargill Class A Residuals
Program
Distribution of
Class A Residuals
Mecklenburg County
Dear Mr. Pretzch:
In response to your permit renewal request received on January 5, 2024, and subsequent additional
information received on May 3, 2024, we are forwarding herewith Permit No. WQ0017321 dated July 30,
2024, to Cargill, Incorporated for the subject inactive residuals management program.
The Permittee shall not distribute Class A residuals for land application. Accordingly, the
Division has removed the requirements for testing and monitoring the residuals. If the Permittee
wants to distribute the residuals for land application, the Permittee shall modify this permit to
require testing and monitoring of the residuals.
This permit is effective from the date of issuance through May 31, 2032, shall replace Permit No.
WQ0017321 issued on February 19, 2019, and is subject to the conditions and limitations specified therein.
The Permittee shall submit a renewal application no later than December 3, 2031.
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
February 19, 2019:
➢ Old Condition VI.5. – The Division has replaced this condition with Condition I.1.
The following permit conditions and attachment are new or modified since the last permit
issuance dated February 19, 2019:
➢ Condition I.2. – This condition replaces Old Condition VI.5.
➢ Condition IV.2. – A Division-certified laboratory shall conduct all required analyses.
Mr. Brandon Pretzch
July 30, 2024
Page 2 of 2
➢ Condition IV.3.a. – The Permittee shall report instances where treated waste is abnormal in
quantity or characteristic, including the known passage of a hazardous substance to the
Regional Office
➢ Condition VI.8. – The Permittee shall pay an annual fee for each year of the term of this permit
and continue to pay annual fees for any facility operating on an expired permit that the Division
has not rescinded or revoked.
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 Erick Saunders at (919)
707-3659 or erickson.saunders@deq.nc.gov.
Sincerely,
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Mecklenburg County Health Department (Electronic Copy)
Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
WQ0017321 Version 5.0 Shell Version 230530 Page 1 of 5
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
DISTRIBUTION OF CLASS A 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
Cargill, Incorporated
Mecklenburg County
FOR THE
inactive residuals management program for Cargill, Incorporated consisting of the distribution of Class A
residuals generated by the approved facility listed in Attachment A
to serve the Cargill Class A Residuals Program, with no discharge of wastes to surface waters, pursuant to
the application received on January 5, 2024, and subsequent additional information received on May 3,
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 May 31, 2032, shall replace Permit No.
WQ0017321 issued on February 19, 2019, and is subject to the following conditions and limitations:
I. SCHEDULES
1. The Permittee shall not distribute Class A residuals for land application. The Permittee shall submit a
permit modification application and receive a Division-approved permit prior to distributing Class A
residuals. The Permittee shall submit the permit modification via the Non-Discharge online portal.
[15A NCAC 02T .0108(b)(1)(A)]
2. 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)]
3. The Permittee shall request renewal of this permit on Division-approved forms no later than December
3, 2031. [15A NCAC 02T .0105(b), 02T .0109]
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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, the Permittee shall immediately cease
distributing residuals, take immediate corrective actions, and contact the Mooresville 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)]
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 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)]
3. 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.
At the time of this permit issuance, the WPCSOCC does not require an ORC and Back-up ORC for
Distribution of Class A Residual Programs. [15A NCAC 02T .0117]
4. The Permittee may stage Class A residuals for up to 30 days for biological residuals and 60 days for
non-biological residuals. The Permittee shall store or stage Class A residuals in a manner to prevent
runoff of leachate and other wastewaters generated. [15A NCAC 02T .1110(c), 02T .1110(d)]
5. The Permittee shall not store Class A residuals in a manner that causes nuisance conditions. If such
conditions occur, the Permittee shall dispose of the Class A residuals at a Subtitle-D landfill. [15A
NCAC 02T .0108(b)(1)(A)]
WQ0017321 Version 5.0 Shell Version 230530 Page 3 of 5
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. Noncompliance Notification
The Permittee shall report to the Mooresville Regional Office, telephone number (704) 235-2100,
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. Distribution of residuals that are abnormal in quantity or characteristic.
f. 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 Mooresville 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)]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the Permittee’s
treatment, storage, and distribution facilities. [15A NCAC 02T .1110(f)]
2. The Permittee shall inspect the Permittee’s treatment, storage, and distribution 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)]
WQ0017321 Version 5.0 Shell Version 230530 Page 4 of 5
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]
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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 30th 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 WQ0017321
ATTACHMENT A – APPROVED RESIDUAL SOURCES Certification Date: July 30, 2024
Cargill, Incorporated Permit Number: WQ0017321 Version: 5.0
WQ0017321 Version 5.0 Attachment A Page 1 of 2
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
Cargill, Incorporated Cargill – Charlotte Facility Mecklenburg NC0024937 – IUP 0642 Yes 575 N/A N/A N/A 0.4
Total: 575
1. Maximum Dry Tons per Year is the quantity of residuals approved for land application from each permitted facility.