WQ0040265_Final Permit_20241119

November 19, 2024
WAYNE FENTON – SOLID WASTE DIRECTOR
CITY OF DURHAM
101 CITY HALL PLAZA
DURHAM, NORTH CAROLINA 27701
Subject: Permit No. WQ0040265
North Durham Class A
Residuals Composting
Program
Distribution of
Class A Residuals
Durham County
Dear Mr. Fenton:
In response to your permit renewal request received on August 23, 2024, we are forwarding
herewith Permit No. WQ0040265 dated November 19, 2024, to the City of Durham for the continued
operation of the subject residuals management program.
This permit is effective from the date of issuance through September 30, 2032, shall replace Permit
No. WQ0040265 issued on January 22, 2019, and is subject to the conditions and limitations specified
therein. The Permittee shall submit a renewal application no later than April 3, 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 conditions since the last permit issuance dated
January 22, 2019:
➢ Old Condition II.3. – The Division has replaced this condition with Condition III.4.
➢ Old Condition II.10. – The Division has replaced this condition with Condition III.5.
➢ Old Condition IV.5 – The Division has removed this condition because it is in Conditions IV.3.,
IV.4., and IV.5.
➢ 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 January 22, 2019:
➢ Condition I.1. – This condition replaces Old Condition VI.5.
➢ Condition III.4. – This condition replaces Old Condition II.3.
Mr. Wayne Fenton
November 19, 2024
Page 2 of 2

➢ Condition III.5. – This condition replaces Old Condition II.10.
➢ Condition III.10.l. – The Permittee shall not land apply bulk Class A residuals in a WS-I
watershed or the critical area of a WS-II, WS-III or WS-IV watershed.
➢ Condition IV.2. – A Division-certified laboratory shall conduct all required analyses.
➢ Condition IV.8.a. – The Permittee shall report instances when there is treatment of wastes
abnormal in quantity or characteristic, including the known passage of a hazardous substance
as a non-compliance event.
➢ Condition VI.5 – The Permittee shall retain this permit and the Division-approved plans and
specifications for the life of the permitted facilities.
➢ Condition VI.6. – The Permittee shall comply with all permit conditions and requirements until
the proper closure of the permitted facilities, or until another appropriate authority permits the
facilities.
➢ Condition VI.10. – 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 [phone]. 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 [e-mail].
Sincerely,
Richard E. Rogers, Jr., Director
Division of Water Resources
cc: Durham County Health Department (Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Jorge L. Montezuma – Wanu Organics PLLC (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)

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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
City of Durham
Durham County
FOR THE
continued operation of a residuals management program for the City of Durham and consisting of a
residuals aerobic composting facility using a positive extended aerated static pile system; for the
distribution of Class A residuals generated by the approved facilities listed in Attachment A
to serve the North Durham Class A Residuals Composting Program, with no discharge of wastes to surface
waters, pursuant to the application received on August 23, 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 September 30, 2032, shall replace Permit No.
WQ0040265 issued on January 22, 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 April 3,
2032. [15A NCAC 02T .0105(b), 02T .0109]
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 Raleigh Regional Office
supervisor. [15A NCAC 02T .0108(b)(1)(A)]

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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 distribute residuals when the residual pollutant concentrations exceed the
following on a dry weight basis:
Parameter Ceiling Concentration Monthly Average
Concentration
(mg/kg) (mg/kg)
Arsenic 75 41
Cadmium 85 39
Copper 4,300 1,500
Lead 840 300
Mercury 57 17
Molybdenum 75
Nickel 420 420
Selenium 100 100
Zinc 7,500 2,800
[15A NCAC 02T .1105(a), 02T .1105(c)]
4. The Permittee shall only distribute Class A biological residuals that meet the pathogen reduction
requirements in 15A NCAC 02T .1106(a). Class A 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(a), 02T .1106(d)]
5. The Permittee shall only distribute Class A biological residuals that meet one of the vector attraction
reduction alternatives in 15A NCAC 02T .1107(a). Industrial Class A 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)]
6. The Permittee shall not apply residuals or other sources of Plant Available Nitrogen (PAN) 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.

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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 Raleigh Regional Office at the telephone number
[phone]. [15A NCAC 02T .1109(a)(1)(K)]
7. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks:
a. Setbacks for Class A land application sites are as follows (all distances in feet):
Liquid
Residuals
Cake
Residuals 1
i. Each private or public water supply source: 100 100
ii. Surface waters such as intermittent and perennial streams,
perennial waterbodies, and wetlands: 100 25
iii. Surface water diversions such as ephemeral streams,
waterways, and ditches: 25 0
iv. Groundwater lowering ditches where the bottom of the ditch
intersects the SHWT: 25 0
v. Each well with exception of monitoring wells: 100 100
vi. Bedrock outcrops: 25 0
1 Unless otherwise noted in Attachment A, “cake” residuals are those that have greater than 15%
solids by weight and can be stacked without flowing, as well as can be handled, transported,
and spread as a solid (e.g., using a backhoe, front end loader, slinger spreader, broadcast
spreader or other equipment designed for handling solid materials) without leaving any
significant liquid fraction behind.
[15A NCAC 02T .1108(b)]
b. The Division originally permitted the residual treatment and storage units on January 22, 2019,
with an application received on August 31, 2018. The setbacks for residual treatment and storage
units originally permitted or modified with an application received from September 1, 2006,
through August 31, 2018, are as follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 100 1
ii. Any private or public water supply source: 100
iii. Surface waters: 50
iv. Each well with exception of monitoring wells: 100
v. Each property line: 50 2
1 Habitable residences or places of assembly under separate ownership constructed after the
Division originally permitted or subsequently modified the facilities are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02T .1108(a)]

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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 shall only distribute residuals generated by the facilities listed in Attachment A. [15A
NCAC 02T .1101]
5. 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)]
6. 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)]
7. The Permittee shall ensure that spill control provisions are available when transporting or land applying
residuals. [15A NCAC 02T .1110(a)(4)]
8. The Permittee may stage Class A residuals at a land application site 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)]
9. The Permittee shall take measures to prevent wind erosion and runoff from the bulk Class A residual
land application sites. [15A NCAC 02T .0108(b)(1)(A)]

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10. The Permittee shall not land apply bulk Class A 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), 02T .1109(b)]
11. The Permittee shall notify all third-party entities receiving bulk Class A residuals that land application
activities occurring on the third-party’s property shall meet the requirements in 15A NCAC 02T
.1108(b) and 02T .1109(a)(1). [15A NCAC 02T .1103(a)(4), 02T .1103(a)(5)]
12. The Permittee shall not distribute bulk Class A residuals to any person or entity known to be applying
residuals contrary to the conditions of this permit. The Permittee shall report to the Raleigh Regional
Office any person or entity known to be applying residuals contrary to the conditions of this permit.
[15A NCAC 02T .0108(b)(1)(A)]
13. The Permittee shall affix a label to bagged or other container Class A residuals or shall provide an
information sheet to any person or entity receiving the Class A residuals. The label or information
sheet shall contain the following:
a. The Permittee’s name, address, and contact information.
b. A statement that the receiving person or entity shall only apply the residuals pursuant to the
instructions on the label or information sheet.
c. A statement that the receiving person or entity shall apply the residuals at agronomic and
recommended rates for its intended use.
[15A NCAC 02T .1109(c)]

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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)
Once the Permittee has monitored the residuals for two years at the frequency specified in Attachment
A, the Permittee may submit a permit modification request to reduce the frequency of this monitoring
requirement. In no case shall the monitoring frequency be less than once per permit cycle.
[15A NCAC 13A .0102(b), 02T .1101, 02T .1111(a)]

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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 A pathogen reduction requirements in 15A NCAC 02T .1106(a), 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(a), 02T .1107(a), 02T .1111(a), 02T .1111(c)]
6. The Permittee shall maintain records of all bulk Class A residual distribution 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 distribution.
c. Name and address of residuals recipient.
d. Volume of residuals distributed to each recipient.
e. Intended residuals use.
[15A NCAC 02T .0108(c)]
7. 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, and IV.6.
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)]

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8. Noncompliance Notification
The Permittee shall report to the Raleigh Regional Office, telephone number [phone], 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 [phone]. All noncompliance notifications shall
file a written report to the Raleigh 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)]

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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. The Permittee shall retain this permit and the Division-approved plans and specifications for the life of
the permitted facilities. [15A NCAC 02T .0105(o), 02T .0116(d)]
6. The Permittee shall comply with all permit conditions and requirements until the proper closure of the
permitted facilities, or until another appropriate authority permits the facilities. [15A NCAC 02T
.0105(j)]
7. 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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8. 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)]
9. 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)]
10. 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 19th day of November 2024
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
____________________________________________
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0040265
ATTACHMENT A – APPROVED RESIDUAL SOURCES Certification Date: November 19, 2024
City of Durham Permit Number: WQ0040265 Version: 2.0
WQ0040265 Version 2.0 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
City of Durham North Durham WRF Durham NC0023841 Yes 4,212 Annually Once per permit cycle
City of Durham South Durham WRF Durham NC0047597 Yes 3,580 Annually Once per permit cycle
City of Durham Wade G. Brown WTP Durham NC0332010
– P01 No 1,500 Annually Once per permit cycle
Total: 9,292
Class A Residual Product Generated for Distribution
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
City of Durham
North Durham Class A
Residuals Composting
Program
Durham WQ0040265 Yes 20,000 Annually See Table Below See Table Below 0.1
Total: 20,000
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 A non-biological residuals are exempt from meeting the pathogen and vector attraction reduction requirements in Condition IV.5, provided 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 A 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)
ATTACHMENT A – APPROVED RESIDUAL SOURCES Certification Date: November 19, 2024
City of Durham Permit Number: WQ0040265 Version: 2.0
WQ0040265 Version 2.0 Attachment A Page 2 of 2
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.