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HomeMy WebLinkAboutWQ0002127_Final Permit_20170823Water Resources ENVIRONMENTAL QUALITY August 23, 2017 BRAD BoRis — WATER RESOURCES DIRECTOR CITY OF MORGANTON POST OFFICE BOX 3448 MORGANTON, NORTH CAROLINA 28680-3448 Dear Mr. Boris: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Permit No. WQ0002127 City of Morganton DCAR Distribution of Class A Compost Residuals Burke County In accordance with your permit renewal request received June 1, 2017, and subsequent additional information received August 4, 2017, we are forwarding herewith Permit No. WQ0002127 dated August 23, 2017, to the City of Morganton for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on March 1, 2018 (i.e., the day after the expiration date of the existing permit). Modifications to the subject permit are as follows: Removal of the Catawba River WTP as a residuals source for the residuals composting facility. This permit shall be effective from March 1, 2018 until February 28, 2023, shall void Permit No. WQ0002127 issued March 13, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay particular 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 shall result in future compliance problems. Please note the following permit conditions have been removed since the last permit issuance dated March 13,2009: Old Condition 11.9. — Compliance Boundary does not apply to Class A distribution permits. ➢ Old Condition 111. 10. —Review Boundary does not apply to Class A distribution permits. ➢ Old Condition 111.5. — Replaced by Condition 111.9. ➢ Old Condition IV. 8. — Duration of record keeping now part of individual condition. -"'Nothing Compares' ' _, State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6332 Mr. Brad Boris August 23, 2017 Page 2 of 2 Please note the following permit conditions are new since the last permit issuance dated March 13,2009: ➢ Condition I.2. — Permittee to submit Operation & Maintenance (O&M) Plan within 90 days of effective date of this permit. ➢ Condition 111.2. — O&M Plan requirements stipulated. ➢ Condition IIIA. — Similar to Old Condition III.8., but now copy of permit and O&M Plan to be on site during application of residuals. Note that copy may include electronic copy. ➢ Condition Ill. 7. — With bulk application of residuals, a vegetative cover to be maintained. ➢ Condition I11.8.g. and k. —Bulk application of residuals not to occur if the slope is too great or at a rate exceeding the agronomic rate. ➢ Condition III.9. — Permittee shall inform residuals user of conditions under which residuals to be applied. ➢ Condition VI.6. — Similar to Old Condition VI.6., but now revocation or modification occurs 60 days after notice. ➢ Condition VI. 7. — Expansion of facility not permitted without waiver if Permittee has exhibited behavior detrimental to environment. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact Troy Doby at (919) 807- 6336 or troy, ncdenr.gov. Sincerely, J -iLS. Jay Zimmerman, P.G., Director Division of Water Resources cc: Burke County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files I. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH DISTRIBUTION OF CLASS A COMPOST RESIDUALS 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 City of Morganton Burke County FOR THE continued operation of a residuals management program for the City of Morganton and consisting of the distribution of Class A compost residuals generated by the approved facilities listed in Attachment A with no discharge of wastes to surface waters, pursuant to the application received June 1, 2017, and subsequent additional information received by the Division of Water Resources, and in conformity with other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. The use and disposal of residuals are regulated under Title 40 Code of Federal Regulations Part 503. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from March 1, 2018 until February 28, 2023, shall void Permit No. WQ0002127 issued March 13, 2009, and shall be subject to the following specified conditions and limitations: No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T.01 05(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0108(b)(2), 02T .0105(d), 02T.0109] H. PERFORMANCE STANDARDS The subject residuals management program shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of prolonged nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease distribution of residuals, contact the Asheville Regional Office supervisor, and take any immediate corrective actions. [G.S. 143-215.1] WQ0002127 Version 4.0 Shell Version 170401 Page 1 of 10 2. This permit shall not relieve the Permittee of responsibility for damages to groundwater or surface water resulting from the operation of this residuals management program. [I 5A NCAC 02B .0200, 02L.01001 Only residuals generated by the facilities listed in Attachment A are approved for distribution in accordance with this permit. [G. S. 143-215.1] 4. Pollutant concentrations in residuals distributed or applied to any land application site shall not exceed the following Ceiling Concentrations or Monthly Average Concentrations (i.e., dry weight basis): Parameter Ceiling Concentration (milligrams per kilogram) Monthly Average Concentration (milligrams per kilogram) Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Molybdenum 75 n/a Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 [15ANCAC 02T .1105] 5. Residuals that are distributed shall meet Class A pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b). Exceptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1106] 6. Biological residuals (i.e. residuals generated during the treatment of domestic or animal processing wastewater, or the biological treatment of industrial wastewater, and as identified in Attachment A) that are distributed shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a). Exceptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1107] 7. Setbacks for treatment and storage facilities shall be as follows: Setback Description Setback feet Habitable residence or place of public assembly under separate ownership or not to be maintained as art of the project site 100 Property lines 50 Private or public water supply 100 Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands 50 Wells with exception to monitoring wells 100 [15A NCAC 02T. I 1081 WQ0002127 Version 4.0 Shell Version 170401 Page 2 of 10 8. Setbacks for Class A land applied bulk residuals shall be as follows: 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] 9. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or 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 crop and soil types as provided by North Carolina State University Department of Soil Science (http://nutrients.soil.ncsu.edu/yieldsJindex.php). Acopy shall be kept on file and reprinted every five years in accordance with Condition IV.6. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application rates reported in any of the following documents: Crop management plan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group - Guidance Document: Chapter 1 (ht!p://www.neW.gov/SWC/tech/documents/9th Guidance_ Doc_100109.pdf). iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards(ftp://ftp-fe.sc.egov.usda. og v/NHQ/practice-standards/standards/590.Tdf . d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. [15A NCAC 02T . I 109(b)(1)(k)] WQ0002127 Version 4.0 Shell Version 170401 Page 3 of 10 Setback by residual type Setback Description (feet) Liquid Cake 1 Private or public water supply 100 100 Surface waters (streams — intermittent and perennial, 100 25 perennial waterbodies, and wetlands Surface water diversions (ephemeral streams, 25 0 waterways, ditches Groundwater lowering ditches (where the bottom of 25 0 the ditch intersects the SHWT Wells with exception to monitoring wells 100 100 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] 9. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or 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 crop and soil types as provided by North Carolina State University Department of Soil Science (http://nutrients.soil.ncsu.edu/yieldsJindex.php). Acopy shall be kept on file and reprinted every five years in accordance with Condition IV.6. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application rates reported in any of the following documents: Crop management plan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group - Guidance Document: Chapter 1 (ht!p://www.neW.gov/SWC/tech/documents/9th Guidance_ Doc_100109.pdf). iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards(ftp://ftp-fe.sc.egov.usda. og v/NHQ/practice-standards/standards/590.Tdf . d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. [15A NCAC 02T . I 109(b)(1)(k)] WQ0002127 Version 4.0 Shell Version 170401 Page 3 of 10 10. The Permittee shall not distribute Class A compost residuals that have a sodium adsorption ratio (SAR) of 10 or higher without prior written Division approval. The Permittee may seek approval by demonstrating that the entity accepting the residuals is: aware of the effects of a high SAR content; has agreed on proper residual application rates; and has agreed to operational considerations to ensure that the high SAR content will not adversely impact the receiving sites. Recommendations regarding sodium application rate, soil amendments (e.g., gypsum, etc.) or a mechanism for maintaining site integrity and conditions conducive to crop growth, can be obtained from the Iocal Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina Licensed Soil Scientist, or an agronomist. [15A NCAC 02T .0108(b)(1)] M. OPERATION AND MAINTENANCE REOUIREMENTS 1. The residuals management program shall be properly maintained and operated at all times. The program shall be effectively maintained and operated as a non -discharge system to prevent any contravention of surface water or groundwater standards. [ 15A NCAC 02T .1110] 2. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan, at the minimum, shall include: a. Operational functions; b. Maintenance schedules; c. Safety measures; d. Spill response plan; e. Inspection plan including the following information: i. Names and/or titles of personnel responsible for conducting the inspections; ii. Frequency and location of inspections, including those to be conducted by the ORC, and procedures to assure that the selected location(s) and inspection frequency are representative of the residuals management program; iii. Detailed description of inspection procedures including record keeping and actions to be taken by the inspector in the event that noncompliance is observed pursuant to the noncompliance notification requirements under the monitoring and reporting section of the permit; f. Sampling and monitoring plan including the following information: i. Names and/or titles of personnel responsible for conducting the sampling and monitoring; ii. Detailed description of monitoring procedures including parameters to be monitored; iii. Sampling frequency and procedures to assure that representative samples are being collected. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to meet pathogen and vector attraction reduction requirements (e.g. facilities that distribute multiple times per year but have an annual sampling frequency, may need to sample during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). [ 15A NCAC 02T .1100] WQ0002127 Version 4.0 Shell Version 170401 Page 4 of 10 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the facility, the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC 08G .0201. The ORC or his back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition IH.2.), and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and designation requirements, please contact the Division of Water Resources' Protection and Enforcement Branch at (919) 707-9105. At the time of this permit issuance, a certified ORC is not required for the subject Distribution of Class A Residuals program. [15A NCAC 02T .01 I7] 4. When the Permittee land applies bulk residuals, a copy of this permit and a copy of O&M Plan shall be maintained at the land application sites during land application activities. [15A NCAC 02T .0108(b)(1)] 5. When the Permittee transports or land applies bulk residuals, the spill control provisions shall be maintained in all residuals transport and application vehicles. [15A NCAC 02T .1110] G. When the Permittee land applies bulk residuals, adequate measures shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into surface waters. [G. S. 143-215.1] 7. When the Permittee land applies bulk residuals, a suitable vegetative cover shall be maintained on land application sites onto which residuals are applied, or application shall be in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or an agronomist and as approved by the Division. [15A NCAC 02T .1109(b)(1)] 8. Bulk residuals shall not be land applied under the following conditions: a. If 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. If the application causes prolonged nuisance conditions; c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface water or groundwater standards; d. If the land is flooded, frozen or snow-covered, or is otherwise in a condition such that runoff of the residuals would occur; e. Within the 100 -year flood elevation, unless the bulk residuals are injected or incorporated within a 24-hour period following a residuals land application event; f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; g. If the slope is greater than 10% for surface applied liquid residuals, or if the slope is greater than 18% for injected or incorporated bulk liquid residuals; h. If the land does not have an established vegetative cover unless the residuals are incorporated or injected within a 24-hour period following a residuals land application event. Any field that is in a USDA, state or county no -till program shall be exempted from meeting this vegetative cover requirement; L If the vertical separation between the seasonal high water table and the depth of residuals application is less than one foot; j. If the vertical separation of bedrock and the depth of residuals application is less than one foot; k. Application exceeds agronomic rates. [15A NCAC 02T. 1109] WQ0002127 Version 4.0 Shell Version 170401 Page 5 of 10 9. The Permittee shall notify all third -party entities receiving bulk distributed Class A compost residuals that land application activities occurring on the third -party's property shall meet the requirements in 15A NCAC 02T .1108(b)(1) and 02T .1109(b) (i.e., Conditions I1.8. and 111, 8., respectively). [I 5A NCAC 02T .1 103(4),15A NCAC 02T. 1103(5)] 10. All residuals shall be adequately stored to prevent untreated leachate runoff. The finished product may be placed on a concrete pad, placed under shelter or physically covered until it is distributed to a third - party entity. If bulk residuals are to be applied, the residuals may be staged at the application site for up to 30 days for biological residuals, and 60 days for non -biological residuals. If an alternate storage site is used, approval must be obtained from the Division. [ 15A NCAC 02T .0108(b)(1)] 11. A label shall be affixed to the bag or other container in which residuals are sold or given away for land application, or an information sheet shall be provided to the person who receives Class A residuals. At a minimum, the label or information sheet shall contain the following: a. The name and address of the person who prepared the residuals; b. A statement that residual land application is prohibited except in accordance with the instructions on the label or information sheet; c. A statement identifying that this material shall be prevented from entering any public or private water supply source (including wells) and any surface water (e.g., stream, lake, river, wetland, etc.); d. A statement that the residuals shall be applied at agronomic rates and recommended rates for its intended use. [ 15A NCAC 02T. 1109(a)] 12. The Permittee shall not distribute bulk residuals to any person or entity known to be applying residuals contrary to the conditions of this permit. The Permittee shall report to the Asheville Regional Office as per reporting conditions under Condition N.S. any person or entity known to be applying residuals contrary to the condition of this permit. [15A NCAC 02T .I 103(a)] WQ0002127 Version 4.0 Shell Version 170401 Page 6 of 10 N. MONITORING AND REPORTING REQUIREMENTS 1. Any Division -required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sample reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). Residuals that tests or is classified as a hazardous or toxic waste under 40 CFR Part 261 shall not be used or disposed under this permit. The analyses [corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)l shall be performed at the frequency specified in Attachment A, and the Permittee shall maintain these results for a minimum of five years. Any exceptions from the requirements in this condition shall be specified in Attachment A. The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter 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) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Heptachlor (and its hydroxide) 0.008 Toxaphene (0.5) Chloroform (6.0) Hexachloro-1,3-butadiene (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.01 02(b), 02T. 110 1, 02T.1 105] WQ0002127 Version 4.0 Shell Version 170401 Page 7 of 10 3. An analysis shall be conducted on the residuals from each source generating facility at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. The analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia -Nitrogen Molybdenum Selenium Arsenic Nickel Sodium Cadmium Nitrate -Nitrite Nitrogen Sodium Adsorption Ratio (SAR) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) [15A NCAC 02T.1 1011 4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A, and at the time indicated in the sampling and monitoring sections of the approved O&M plan. The required data shall be specific to the stabilization process utilized, and sufficient to demonstrate compliance with the Class A pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b), and one vector attraction reduction requirement in 15A NCAC 02T .1107 (a) shall be met. Any exceptions from the requirements in this condition shall be specified in Attachment A. [ 15A NCAC 02T .1106, 02T .1107, 02T .1111(c)] 5. Laboratory parameter analyses shall be performed on the residuals as they are distributed, and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505. [15A NCAC 02B .05051 6. The Permittee shall maintain records tracking all bulk residual distribution or land application events performed by the Permittee. At a minimum, these records shall include the following: a. Source of residuals; b. Date of distribution land application; c. Name and address of recipient of residuals; d. Volume of residuals distributed to each recipient; e. Intended use of residuals; £ If land application events performed by the Permittee - Nitrogen Application Rate based on RYEs (if using data obtained from the North Carolina State University Department of Soil Science Website, the printout page shall be kept on file and reprinted every five years). [I5A NCAC 02T .0108(a)] WQ0002127 Version 4.0 Shell Version 170401 Page 8 of 10 Three copies of an annual report shall be submitted on or before March 111. The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms. Instructions for reporting and annual report forms are available at http://deq.nc. gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/non- discharge-perrnittin-u�porting-forn?s, or can be obtained by contacting the Non -Discharge Permitting Unit directly. The annual report shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T . 1111(a)] 8. Noncompliance Notification The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296- 4500, 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: a. Distribution of residuals abnormal in quantity or characteristic. b. Any failure of the distribution program resulting in a release of material to surface waters. c. Any time self-monitoring indicates the facility has gone out of compliance with its permit limitations. d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of adequate residual treatment. e. Any spill or discharge from a vehicle or piping system during residuals transportation. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to betaken to ensure that the problem does not recur. [15A NCAC 02T .0105(I), 02T .0108(b)(1)] V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the subject facilities and shall be in accordance with the approved O&M Plan. [15A NCAC 02T .0108(b)] 2. Prior to each bulk residuals distribution event, the Permittee or his designee shall inspect the residuals processing, storage, transport and distribution facilities to identify malfunctions, facility deterioration and operator errors that could result in discharges to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the distribution sites or facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit; and may collect groundwater, surface water or leachate samples. [G.S. 143-215.3(a)(2)] WQ0002127 Version 4.0 Shell Version 170401 Page 9 of 10 VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-2I5.6A to 143-215.6C] 2. This permit shall become voidable if the residuals distribution events are not carried out in accordance with the conditions of this permit. [ 15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. [G. S. 143-215.1] 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO 10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [ 15A NCAC 02T .0105(c)(6)] In the event the residuals program changes ownership or the Permittee changes his name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate documentation from the parties involved and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the residuals program permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 6. This permit is subject to revocation or unilateral modification upon 60 -day notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T.01 10. [ 15A NCAC 02T .0110] 7. Unless the Division Director grants a variance, expansion of the permitted residuals program contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T A 120(b). [15A NCAC 02T.0120] The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 23rd day of August 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION FS. Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0002127 WQ0002127 Version 4.0 Shell Version 170401 Page 10 of 10 ATTACIINIENT A - Approved Residual Sources City of Morganton Residuals Source -Generating Facility Certification Date: August 23, 2017 Permit Number: WQ0002127 Version: 4.0 Owner Facility County Permit Biological Maximum Dry Tons Monitoring Frequency for Non- Monitoring Frequency for Metals Monitoring Frequency for Approved Owner Number Residuals er Year y hazardous Determination 2 and Nutrients 3 City of Morganton Catawba River Pollution Control Facili Burke NCO026573 Yes 1,400 Once per permit cycle Once per permit cycle Total Per Year r Determination 2 Nutrients 3 Vector Attraction 1,400 Class A Residuals Product Generated for Distribution 1. Maximum Dry Tons per Year for residuals source is the amount of residuals approved for composting. Maximum Dry Tons per Year for Class A residuals is the amount of residuals product approved for distribution from the permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition W.2. 3. Testing of metals and nutrients as stipulated under permit Condition IV.3. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition IVA. 5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above. Dry Tons Distributed short tons per ear Monitoring Frequency stablished in 40 CFR 503 and 15A NCAC 02T .1111 <319 Permit Biological Maximum Monitoring Frequency for Monitoring Frequency for Monitoring Frequency for Approved Owner Facility Name County Number Residuals Dry Tons Non -hazardous Metals and Pathogen & Mineralization Per Year r Determination 2 Nutrients 3 Vector Attraction Rate Reductions 4 City of Morganton Residuals Composting Facilitycycle Burke WQ0002127 Yes 3,250 Once per permit See Table Below See Table Below 0.1 1. Maximum Dry Tons per Year for residuals source is the amount of residuals approved for composting. Maximum Dry Tons per Year for Class A residuals is the amount of residuals product approved for distribution from the permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition W.2. 3. Testing of metals and nutrients as stipulated under permit Condition IV.3. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition IVA. 5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above. Dry Tons Distributed short tons per ear Monitoring Frequency stablished in 40 CFR 503 and 15A NCAC 02T .1111 <319 I/Year =>319 - <1,650 II Quarter (4 times per ear =>1,650 - <16,500 1160 Das (6 times per ear —>16,500 l/month 12 times per ear) WQ000887 Version 4.0 Attachment A Page 1 of 1