WQ0045800_Permit (Issuance)_20241010

Docusign Envelope ID: FF2A4618-27FA-4D6C-9C67-613A5BA876A0
ROY COOPER
Governor
MARY PENNY KELLEY
Secretary
RICHARD E. ROGERS, JR.
Director
Phinite, Inc.
Phinite, Inc.
2230 Keener Rd
Clinton, NC 28328
Dear Phinite, Inc.:
NORTH CAROLINA
Environmental Quality
October 10, 2024
Subject: Permit No. WQ0045800
Phinite, Inc.
Distribution of Animal Residual Solids
Sampson County
In accordance with your Permit application received on September 5, 2024, we are forwarding you herewith
Permit No. WQ0045800, to Phinite, Inc., located at 5900 Turkey Highway, Turkey, NC, for the distribution
and marketing of an animal waste residuals which meet exceptional quality standards.
This Permit shall be effective from the date of issuance until September 30, 2029, and shall be subjected to
the conditions and limitations as specified therein. A Permit renewal request is due to the Division of Water
Resources (Division) at least 180 calendar days prior to the expiration date (i.e., see Condition V.8.); the
Division does not send Permit renewal reminders. Be aware that payment of the annual administering and
compliance fee, as stipulated in Condition V. 4 does not automatically renew this Permit.
This Permit approves the operation of the program for the distribution of heat dried animal waste residual
product, containing animal residuals, that meets exceptional quality standards and is marketed throughout
the State of North Carolina (i.e., in bulk and in bags) for a five-year cycle. Note that this Permit does not
concurrently provide a license to distribute a fertilizer, as is required by the Fertilizer Section of the NC
Department of Agriculture and Consumer Services' Plant Industry Division. More information about
applying for this license may be found at: htWs://www.ncagrr.gov/divisions/plant-industry
If any parts, requirements, 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 must be in the form of a written petition, conforming to Chapter 150B of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-6714. Unless such demands are made this Permit shall be final and binding.
D E QQ; North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1636 Mail Service Center I Raleigh, North Carolina 27699-1636
NORn Cnaau u
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Docusign Envelope ID: FF2A4618-27FA-4D6C-9C67-613A5BA876A0
WQ0045800
This facility is located in a county covered by our Fayetteville Regional Office. The Regional Office staff
may be reached at 910-433-3300. If you need additional information concerning this Permit, please contact
the Animal Feeding Operations Program staff at [phone].
Sincerely,
Er
DocuSigned by:
M('SL wkt(.a
E3415E2C05B24CD...
Ramesh Ravella
Supervisor, Animal Feeding Operations
Division of Water Resources
cc: NCDA&CS-Plant Industry Division (Fertilizer Section)
Fayetteville Regional Office — via email
Laserfiche File No.: WQ0045800
Page 2 of 10 October 10, 2024

Docusign Envelope ID: FF2A4618-27FA-4D6C-9C67-613A5BA876A0
WQ0045800
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
DISTRIBUTION OF ANIMAL WASTE RESIDUAL SOLIDS PERMIT
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
Phinite, Inc.
Sampson County
FOR THE
operation of a program for the treatment and distribution of up to 30,000 dry tons per year of animal waste
residuals, that meets exceptional quality standards and is marketed throughout the State of North Carolina,
see Condition II.5 (i.e., in bulk and in bags). The program shall be operated such that no discharge of
wastes to the surface waters occurs, pursuant to this Permit and in conformity with the project plan,
specifications, Management Plan, and other supporting data subsequently filed and approved by the
Department of Environmental Quality (Department) and considered a part of this Permit.
This Permit shall be effective from the date of issuance until September 30, 2029, and shall be subject to
the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. The program for the distribution and marketing of dried animal waste products which meet
exceptional quality standards shall be effectively maintained and operated as a non -discharge
system to prevent the discharge of any wastes resulting from the operation of this program. —
[1 SA NCAC 02T.0101]
2. This Permit shall become voidable in the event of failure of the distribution and marketing
program to adequately protect the assigned water quality standards of the surface waters and
groundwaters. — [I SA NCAC 02T . 0108(b) and 1 SA NCAC 0.2T . 0110]
3. The issuance of this Permit shall not relieve the Permittee of the responsibility for damages to
surface or groundwaters resulting from the operation of this program. — [G. S. §143-21 S. IOC]
4. In the event that the distribution and marketing program is not operated satisfactorily, including
the creation of nuisance conditions, the Permittee shall take any immediate corrective actions
as may be required by the Division. — [I SA NCAC 02T . 0108(b)]
5. No product containing any listed hazardous or toxic waste under 40 CFR Part 261, no septage,
no oil, grease, grit, and screenings from wastewater treatment plants, no animal mortality, no
ash, and no municipal or industrial residuals shall be mixed with animal waste residuals and
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WQ0045800
sold or given away for application to the land under the conditions of this Permit. — [15A NCAC
02T. 1310 (a)]
6. The collection, handling, treatment, sampling, and marketing plans submitted with the Permit
application are hereby incorporated by reference into this Permit. These plans must be
consistent with all applicable laws, rules, ordinance, and standards (federal, state, and local) in
effect at the time of siting, design, and implementation at each source site. Revisions or
modifications must be submitted to the Division Central Office prior to implementing the
change. — [G.S. §143-215.6A]
Any violation of the above reference plans shall be considered a violation of this Permit and
subject to enforcement actions. A violation of this Permit may result in the Permittee having to
take immediate or long-term corrective action(s) as required by the Division.
7. Upon construction completion and at least three business days prior to operation of the Phinite
facility covered by this Permit, the Fayetteville Regional Office must be notified so that an in -
place inspection can be made. Such notification to the Regional Supervisor shall be made
during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday,
excluding State Holidays. — [15A NCAC 02T .0108(b)]
IL OPERATION AND MAINTENANCE REQUIREMENTS
1. The treatment and distribution program shall be properly operated and maintained at all times.
— [15A NCAC 02T. 10108(b) and I5A NCAC 02T .1310]
2. No product containing animal residuals other than those designated by the Permittee shall be
approved for marketing and distribution in accordance with this Permit. — [15A NCAC 02T
.10108(b) and 15A NCAC 02T. 13101
3. The Permittee shall be approved to accept treat/process, market, and distribute animal residuals
from facilities in accordance with submitted collection, handling, treatment, sampling and
marketing plans. Permit modification approval must be received prior to acceptance of
residuals from additional facilities/sources. — [15A NCAC 02T .0108(b)]
4. All animal waste residuals shall be adequately stored to prevent leachate runoff prior to, during,
and following treatment. Following treatment, processed residuals may be stored in an elevated
silo, contained in geomembrane on prepared pad with synthetic liner, placed on a concrete pad,
kept under shelter, or covered until such time as it is distributed to the user. If an alternative
storage site is to be used, approval shall first be obtained from the Division. — [15A NCAC 02T
.0108(b)]
5. At the time that the residuals are used, disposed, prepared for sale or giving away in bag or
other container, the animal waste residuals shall have the pathogen limit for fecal coliform
density of less than 1,000 Most Probable Number per gram of total solids or for Salmonella sp.
Bacteria density less than three Most Probable Number per four grams of total solids on dry
weight basis — [15A NCAC 02T .1106(a) (2) and I5A NCAC 02T .1310(d)1
6. 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:
— [15A NCAC 02T .1310(c)]
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WQ0045800
The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average
Concentrations (Dry Weight Basis) must be maintained:
Ceiling
Concentrations
Parameters (mQ/kg)
Copper 1,500
Zinc 2,800
8. 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 or information sheet shall contain the following information: — [15A NCAC 02T
.1310(e)]
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 the product containing animal residuals shall not be applied to any land
that is flooded, frozen or snow-covered.
d. 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.
e. 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."
III. MONITORING AND REPORTING REQUIREMENTS
Upon written notification by the Director, the Permittee shall undertake monitoring and
reporting (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses)
deemed necessary to ensure protection of the environment and to determine the source,
quantity, quality, and effect of animal waste upon the surface waters, groundwaters or
wetlands. Such monitoring, including its scope, frequency, duration and any sampling, testing,
and reporting systems, shall meet all applicable Division requirements. — [15A NCAC 02T
.0108(c)]
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: — [15A NCAC 02T .0108(c)]
a. Source/batch, amount (i.e., volume), and representative 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, date of transfer, and the intended use.
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Docusign Envelope ID: FF2A4618-27FA-4D6C-9C67-613A5BA876A0 WQ0045800
3. Permittee must maintain a record of all animal waste source materials. These records shall
include:
a. Name and Permit Number (if applicable) of Source,
b. Date received,
c. Volume received, and
d. source structure (ex: lagoon number/name) or batch. — [15A NCAC 02T .0108(c)]
4. Representative samples of the animal waste residual shall be collected, analyzed, and results
recorded prior to the distribution of the animal waste residual product. At a minimum, sampling
to demonstrate compliance with Conditions II.5 and II.6 shall be conducted at the frequency
shown below for each year that the Permittee distributes animal waste residuals: — [I5A
NCAC 02T . 0110([)]
Metric Tons per 365-day period Minimum # of Samples
(Dry Weight Basis)
Greater than zero but less than 290 one per year
Equal to or greater than 290 but less than 1,500 once per quarter
Equal to or greater than 1,500 once per 60 days
5. Laboratory analyses and/or operational data, as required by Conditions II.5 and 11.6 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 for the
required parameter(s) under 15A NCAC 02H Section .0800.
Analysis results must be reported in units as described in Conditions II.5 and II.6.
6. Required monitoring and reporting documents shall be submitted annually on or before March
1st of the year following the distribution event to the following addresses, be sure the Permit
number is included on all reports/documents.
This annual report must include residuals distribution records, animal waste source records and
analysis records as required by Conditions III.2-5: — [I5A NCAC 02T T. 011069(2)]
and
NCDEQ-DWR
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[e-mail]
A copy of this Permit, all records required by this Permit and the facility's CAWMP, if
applicable, shall be maintained by the Permittee in chronological and legible form for five (5)
years. — [15A NCAC 02T .0110(fi(3)J
8. Noncompliance Notification:
The Permittee shall report by telephone to the Water Quality Regional Operations 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 occurrence of any of the following: — [I5A NCAC 02T T. 0108(b)]
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WQ0045800
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. — [15A NCAC
02T . 0108(c)]
IV. INSPECTIONS
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. — [15A NCAC 02T .0108(b)]
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. — [15A NCAC 02T .0108(c)]
2. The Permittee is subject to inspections at any time, without announcement, by the Department.
The Permittee shall allow any authorized representative of the Department, upon the
presentation of credentials and other documents as may be required by law and in accordance
with reasonable and appropriate biosecurity measures, to: — [G.S. §143-215. ]OF]
a. Enter the Permittee's premises where a regulated facility or activity is located or conducted,
or where records must be kept under the conditions of this Permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this Permit;
Inspect, at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this Permit; and,
d. Sample or monitor, at reasonable times, for the purpose of assuring Permit compliance, any
substances or parameters at any location.
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WQ0045800
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. — [I5A NCAC 02T .0110]
2. This Permit shall be effective only with respect to the nature and volume of wastes described
in the application and other supporting data. The Permittee shall notify the Division
immediately of any applicable information not provided in the Permit application. Any
proposed modification to an animal waste management system shall require approval from the
Division prior to construction. — [G.S. §143-215.1].
3. Failure to abide by the conditions and limitations contained in this Permit and/or applicable
state law; may subject the Permittee to an enforcement action by the Division including but not
limited to the modification of the Permit, civil penalties, criminal penalties and injunctive relief.
— [G.S. §143-215.6A-6C and 15A NCAC 02T .0110]
4. The annual administering and compliance fee shall be paid by the Permittee within thirty (30)
days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds
for enforcement actions including revocation of this Permit. — [G.S. §143-215.IOG and 15A
NCAC 02T .0105(e)(2)1
5. The issuance of this Permit does not preclude the Permittee 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 NCG010000, and any
requirements pertaining to wetlands under 15A NCAC 2B.
6. The Permittee must comply with all conditions of this Permit. Any Permit noncompliance
constitutes a violation of state law and is grounds for enforcement action; for Permit coverage
termination, revocation and reissuance, or modification; or denial of a Permit coverage renewal
application. — [I5A NCAC 02T .01101
7. This Permit may be reopened, 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 as allowed by the appropriate laws, rules, and
regulations. — [I5A NCAC 02T .01101
8. If the Permittee wishes to continue an activity regulated by this Permit after the expiration date
of this Permit, the Permittee must apply for and obtain a new COC. Renewal applications must
be fled at least 180 calendar days prior to the expiration of the Permit. — [15A NCAC 02T
.0109]
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WQ0045800
9. This Permit is not transferable. In the event there is a desire for the facility to change
ownership, or there is a name change of the Permittee, a Notification of Change of Ownership
form must be submitted to the Division, including documentation from the parties involved and
other supporting materials as may be appropriate. This request shall be submitted within sixty
(60) days of change of ownership. The request will be considered on its merits and may or
may not be approved. — [G.S. §143-215. IOC and 15A NCAC 02T . 0108]
Permit issued this the tenth day of October, 2024.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DocuSigned by:
Ramesh Ravella
Supervisor, Animal Feeding Operations, Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0045800
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Docusign Envelope ID: FF2A4618-27FA-4D6C-9C67-613A5BA876A0 WQ0045800
Attachment A
DIVISION OF WATER RESOURCES REGIONAL OFFICES (05/2023)
Asheville Regional Office
Fayetteville Regional Office
Mooresville Regional Office
WQROS Supervisor
WQROS Supervisor
WQROS Supervisor
2090 U.S. Highway 70
225 Green Street, Suite 714
610 East Center Avenue, Suite 301
Swannanoa, NC 28778
Fayetteville, NC 28301-5043
Mooresville, NC 28115
Phone: [phone]
Phone: [phone]
Phone: [phone]
Fax: [phone]
Fax: [phone]
Fax: [phone]
Avery Macon
Anson Moore
Alexander Lincoln
Buncombe Madison
Bladen Robeson
Cabarrus Mecklenburg
Burke McDowell
Cumberland Richmond
Catawba Rowan
Caldwell Mitchell
Harnett Sampson
Cleveland Stanly
Cherokee Polk
Hoke Scotland
Gaston Union
Clay Rutherford
Montgomery
Iredell
Graham Swain
Haywood Transylvania
Henderson Yancey
Jackson
Raleigh Regional Office
WQROS Supervisor
3800 Barrett Drive
Raleigh, NC 27609
Phone: [phone]
Fax: [phone]
Washington Regional Office
WQROS Supervisor
943 Washington Square Mall
Washington, NC 27889
Phone: [phone]
Fax: [phone]
Wilmington Regional Office
WQROS Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
Fax: [phone]
Chatham
Nash
Beaufort
Jones
Brunswick New Hanover
Durham
Northampton
Bertie
Lenoir
Carteret Onslow
Edgecombe
Orange
Camden
Martin
Columbus Pender
Franklin
Person
Chowan
Pamlico
Davidson
Granville
Vance
Craven
Pasquotank
Halifax
Wake
Currituck
Perquimans
Johnston
Warren
Dare
Pitt
Lee
Wilson
Gates
Tyrell
Greene
Washington
Hertford
Wayne
Hyde
Winston-Salem Regional Office
WQROS Supervisor
450 West Hanes Mill Rd, Suite 300
Winston-Salem, NC 27105
Phone: [phone]
Fax: [phone]
Alamance Rockingham
Alleghany Randolph
Ashe
Stokes
Caswell
Surry
Davidson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford
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