HomeMy WebLinkAboutWQ0003297_Final Permit_19910218�� � .fie yYvdiCi�
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
Jaynes G. Martin, Governor
William W. Cobey, Jr., Secretary
February 18, 1991
Mr, Robert Turley, General Manager
Carolina Turkeys
Post Office Box 589
Mt. OIive, North Carolina 28365
George T. Everett, Ph.D.
Director
Subject: Permit No. WQ0003297 Amendment
Carolina Turkeys
Land Application of sludge
Duplin County
Dear Mr, Turley:
In accordance with your letter requesting a permit amendment received December 31,
1990, and your permit application received March 26, 1990, we are forwarding herewith amended
Permit No. WQ0003297, dated February 18, 1991, to Carolina Turkeys for the operation of the
subject land application of sludge program. The requested amendment was to eliminate the
requirement for an additional monitoring well due to proposed changes in the buffer zones at the
subject facility. The Groundwater Section has determined that the proposed increased buffer zones
will eliminate the need for the additional monitor well. Therefore, permit condition IV-1 requiring
the additional monitor well is deleted, and permit condition IV-4 referencing the additional monitor
well is amended. Additionally, in compliance with your amendment request letter, permit
condition VI-6 is amended to eliminate application site zone # 1, and permit condition VI-13 is
added to require the extended buffer zone distance for application site zone # 4_
This permit shall be effective from the date of issuance until September 30, 1995, and
shall be subject to the conditions and limitations as specified therein. Please pay particular attention
to the monitoring requirements in this permit. Failure to establish an adequate system for collecting
and maintaining the required operational information will result in future compliance problems.
Issuance of this permit hereby voids Permit No. WQ0003297 issued October 19, 1990.
As stated above, the Division of Environmental Management has modified the permit to
concur with the request from Carolina Turkeys. Since this modified permit would seem to
eliminate the need for formal adjudication procedures to continue, we request that you complete the
attached "Notice Of Withdrawal" and forward it to the Office of General Counsel, as instructed.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015
An Equal Opportunky Affirmative Action Employer
If any parts, requirements, or limitations contained in this permit are unacceptable to you,
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, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this
permit shall be final and binding.
If you need additional information concerning this matter, please contact Mr. John
Seymour at 919/ 733-5083.
Attachment
cc: Duplin County Health Department
Wilmington Regional Office
Robert Kendall & Associates
Groundwater Section
STATE OF NORTH CAROLINA
COUNTY OF Duplin
FILE NO. 90 EHR 1268
CAROLINA TURKEYS,
Petitioner,
v.
DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
DIVISION OF ENVIRONMENTAL
MANAGEMENT,
Respondent
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
NOTICE OF WITHDRAWAL
OF PETITION
Petitioner hereby withdraws its petition for a contested case hearing.
No further proceedings are needed or required to resolve the contested case
captioned above.
This the day of
19�
Petitioner/Authority for Petitioner
CERTIFICATE OF SERVICE
hereby certify that I have served a copy of the attached NOTICE OF
WITHDRAWAL on by having same placed in the United States Mail bearing
sufficient postage for delivery by first class mail and addressed as
follows:
( Date)
Office of General Counsel
N.C. Department of Environment,
Health, and Natural Resources
P.O. Box 27687
Raleigh, North Carolina 27611
Petitioner/Attorney for Petitioner
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
SLUDGE LAND APPLICATION 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
Carolina Turkeys
Duplin County
FOR THE
operation of a sludge land application program consisting of removing sludge from the plant's
anaerobic digester and storage lagoon and applying it by subsurface injection to fields between the
center pivot spray areas of the existing spray irrigation disposal system with no discharge of
wastes to the surface waters, pursuant to the application received March 26, 1990, the request of
amendment received December 31, 1990, and in conformity with the project plan, specifications,
and other supporting data subsequently filed and approved by the Department of Environment,
Health and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until September 30, 1995, and shall
be subject to the following specified conditions and limitations:
PERFORMANCE STANDARDS
I. The Wilmington Regional Office, phone no. 919/ 256-4161, and the appropriate
local governmental official (county manager/city manager) shall be notified at least
twenty-four (24) hours prior to the initial application of the sludge so that an
inspection can be made of the application sites and application method. 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. Also the Duplin County Manager's office must be notified prior to the
initial application so that they will be aware that the operation has commenced.
2. This permit shall become voidable if the soils fail to adequately absorb the wastes
and may be rescinded unless the sites are maintained and operated in a manner
which will protect the assigned water quality standards of the surface waters and
ground waters.
3. The land application program 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.
4. 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 facility.
5. in the event that the land application program is not operated satisfactorily, including
the creation of nuisance conditions, the Permittee shall cease applying sludge to the
sites and take any immediate corrective actions, including the construction of
additional or replacement wastewater treatment or disposal facilities.
6. No crops for direct human consumption shall be raised on these sites for a period
of 18 months following sludge application.
7. Maximum slope for sludge application shall be 10% for surface application and
18% for subsurface applications.
8. The following buffers zones shall be maintained:
a) 400 feet from residences under separate ownership for surface
application method, however the buffer zone requirement may be reduced
to a minimum of 100 feet upon written consent of the owner.
b) 200 feet from residences under separate ownership for injection method,
however the buffer zone requirement may be reduced to a minimum of 100
feet upon written consent of the owner.
c) 100 feet from "SA and SB" classified waters and public surface water
supplies for both methods,
d) 50 feet from "WS" classified waters and other streams, creeks, lakes,
rivers, and surface water drainage ways for injection method.
e) 100 feet from "WS" classified waters and other streams, creeks, lakes,
rivers and surface water drainage ways for surface application
method,
f) 100 feet from property lines for both methods,
g) 50 feet from public right of ways for surface application methods,
h) 25 feet from public right of ways for subsurface disposal methods,
i) 10 feet from upslope interceptor drains and surface water diversions for
both methods,
j) 25 feet from downslope interceptor drains, surface water diversions,
groundwater drainage systems and surface drainage ditches for both
methods.
9. A copy of this permit shall be kept at the land application site when sludge is being
applied during the life of this permit. A spill prevention and control plarl shall be kept
in all sludge transport and application vehicles.
10. All sludges included in this permit must be stabilized by a process to significantly
reduce pathogens (as described in 40 CFR Part 257, Appendix II) prior to
application or incorporation. An evaluation of all sludges as specified in condition
II 4 must be conducted as to their ability to demonstrate compliance with this
requirement. A copy of this report must be submitted to the Assistant Chief for
Operations, Division of Environmental Management, Water Quality Section,
Operations Branch, PO Box 27687, Raleigh, NC 27611-7687, within six (6)
months of the permit issue date.
11. Specific sludge application area boundaries shall be clearly marked on each site prior
to and during sludge application.
12. No sludge at any time shall be stored at any application site.
2
Il
13. The surface of the application fields shall be scarified as necessary to prevent the
sealing of the surface.
14. The crop management plan developed by Robert Kendall and Associates shall be
followed in the land application of this sludge.
OPERATIQN AND MAINTENANCE REQUIREMENTS
1
2
3
4
5
The facilities and disposal sites shall be properly maintained and operated at all
times.
A suitable vegetative cover as listed in condition II 3, shall be maintained in
accordance with the crop management plan approved by this Division.
The application rates shall not exceed the following for the specified crops:
r0
Coastal Bermuda Grass
PAN_ (lbs/acre/,
350
No sludges other than the following are hereby approved for land application in
accordance with this permit:
Source County
Carolina
Turkeys, Duplin
Plant
Permit No. Estimated Volume (gallons)
WQ0000884 1.0 million
The lifetime heavy metal loadings shall not exceed the following for the
corresponding Cation Exchange Capacities (CEC):
Parameter
E�, C < 5
Lead (lbs/acre)
500
Zinc abs/acre)
250
Copper (Ibs/acre)
125
Nickel (lbs/acre)
125
Cadmium (Ibs/acre)
4.5
6. The Permittee shall employ a certified wastewater treatment plant operator to be in
responsible charge of the land application operation. The operator must hold a
certificate of the grade at least equivalent to the classification assigned to the
land application program by the Certification Commission.
7. Adequate procedures shall be provided to prevent surface runoff from carrying any
disposed or stored sludge material into any surface waters.
8. Animals shall not be grazed on sludge applied land within a 30-day period
following the sludge application. Application sites that are to be used for grazing
shall have fencing that will be used to prevent access after each application.
9. Surface applied sludge will be plowed or disced within twenty-four (24) hours
after application on lands with no cover crop established.
01
10. For areas that are prone to flooding or within the 100-year flood elevation, sludge
may be applied only during periods of dry weather. The sludge must be
incorporated into the soil within twenty-four (24) hours of application.
11. Appropriate measures must be taken to control public access to the land application
sites during active site use and for the 12-month period following the last sludge
application event. Such controls may include the posting of signs indicating the
activities being conducted at each site.
12. Adequate provisions shall be taken to prevent wind erosion and surface runoff
from conveying pollutants from the sludge application area onto the adjacent
property or into the surface waters.
13. Sludge shall not be applied in inclement weather or until 24 hours following a
rainfall event of 1/2-inch or greater in 24 hours. Any emergency sludge disposal
measures must first be approved by the Division of Environmental Management.
14. The site shall be adequately limed to a soil pH of at least 6.5 prior to sludge
application. Sludge may be applied to sites with a pH of less than 6.5 provided a
sufficient amount of lime is also applied to achieve a final pH of the lime, sludge and
soil mixture of at least 6.5.
I11. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, sludge, soil, or plant
tissue analyses) deemed necessary by the Division of Environmental Management
to insure protection of the environment will be established and an acceptable
sampling and reporting schedule shall be followed. If monitoring data indicates
minimal or no concern to the Division, reduction of monitoring requirements may be
pursued after two annual reporting periods.
2. Proper records shall be maintained by the Permittee tracking all disposal activities.
These records shall include, but are not necessarily limited to the following
information:
a) source of sludge
b) date of sludge application
c) location of sludge application (site, field, or zone #)
d) method of application
e) weather conditions
f) soil conditions
g) type of crop or crop to be grown on field
h) volume of sludge applied in gallons/acre and dry tons/acre
i) annual and cumulative totals of dry tons/acre of sludge, annual and
cumulative pounds/acre of each heavy metal (which shall include, but not
be limited to lead,nickel, cadmium, copper and zinc), annual pounds/acre
of plant available nitrogen (PAN), and annual pounds/acre of
phosphorus applied to each field.
0
A representative annual soils analysis shall be conducted of each site receiving
sludge in the respective calendar year and the results maintained on file by the
Permittee for a minimum of five years. The soils analysis shall 'include but is not
necessarily limited to the following parameters:
Standard Soil Fertility Test
% Base Saturation
Phosphorus
Potassium
Lead
Zinc
Magnesium
pH
Manganese
Cation Exchange Capacity
Sodium
Nickel
Cadmium
Copper
Calcium
4. A quarterly sludge analysis and annual TCLP analysis shall be conducted by
the Permittee quarterly and the results maintained on file by the Permittee for a
minimum of five years. If land application occurs at a frequency
less than quarterly, sludge analysis will be required for each instance of land
application. The sludge analysis shall include but is not necessarily limited to the
following parameters:
% total solids
Magnesium
Chlorides
Sulfate
Phosphorus
Potassium
Lead
Zinc
Copper
Nickel
Cadmium
Chromium
Sodium
Calcium
Total Nitrogen
Ammonia Nitrogen
Nitrate/Nitrite Nitrogen
pH
Plant Available Nitrogen (by calculation)
The TCLP analysis shall include the following parameters:
Arsenic
Barium
Benzene
Cadmium
Carbon tetrachloride
Chlordane
Chlorobenzene
Chloroform
Chromium
o-Cresol
m-Cresol
p-Cresol
Cresol
2,4-D
1,4-Dichlorobenzene
1,2-Dichloroethane .
1,1-Dichloroethylene
2,4-Dinitrotoluene
Endrin
Heptachlor (and its hydroxide)
Hexachlorobenzene
Hexachloro-1,3-butadiene
Hexachloroethane
Lead
Lindane
Mercury
Methoxychlor
Methyl ethyl ketone
Nitrobenzene
Pentachlorophenol
Pyridine
Selenium
Silver
Tetrachloroethylene
Toxaphene
Trichloroethylenc
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
2,4,5-TP (Silvex)
Vinyl chloride
5
5. Three copies of all monitoring and reporting requirements as specified in conditions
111 1, III 2, III 3 and III 4 shall be submitted annually on or before March 1 of
the following year to the following address.
NC Division of Environmental Management
Water Quality Section
Facility Assessment Unit
PO Box 27687
Raleigh, NC 27611-7687
6. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington, Regional Office
telephone no. 919/ 256-4161, 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:
Any occurrence with the land application program which results in the
land application of significant amounts of wastes which are abnormal in
quantity or characteristic.
b. Any failure of the land application program resulting in a release of
sludge material to receiving waters.
C. Any time that self -monitoring information indicates that the facility has
gone out of compliance with the conditions and limitations of this permit
or the parameters on which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that render
the facility incapable of adequate sludge treatment.
e. Any spillage or discharge from a vehicle or piping system transporting
sludge to the application site.
Persons reporting such occurrences by telephone shall also file a written report in
letter form within. 15 days following first knowledge of the occurrence. This report
must outline the actions taken or proposed to be taken to ensure that the problem
does not recur.
7. A monitoring program consisting of soil sampling before application and at six (6)
months and one (1) year after each application shall be performed as per the
recommendations of Mr. Robert Kendall. Samples shall be tested for standard
fertility analyses as well as for oil and grease.
8. The permittee shall advise the Wilmington Regional Office in writing of the name of
the farm manager and designated alternate manager. Any change in these
assignments shall be promptly reported in writing to the Regional Office.
9
f
IV. GROUNDWATER REQUIREMENTS
1. Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.
2. No land application of waste activities shall be undertaken when the seasonal high
water table is less than three feet below land surface.
3. The on site monitor wells shall be sampled every March, July, and November for
the following parameters:
NO3 (10.0) Ammonia Nitrogen
TDS (500.0) TOC
pH (6.5-8.5 standard units) Chloride (250.0)
Orthophosphate Water level
Total Coliforms (1/100m1) NO2
Volatile Organic Compounds - In November Only (By method 1 or 2 below)
Method 1: Method 6230D (Capillary - Column), "Standard Methods For The
Examination of Water and Wastewater", 17th ed., 1989
Method 2: Method 502.2 "Method For The Determination Of Organic
Compounds In Drinking Water", U.S. EPA - 600/4-88/039
The measurement of water level must be made prior to sampling for the remaining
parameters.
The measuring points (top of well casing) of all monitoring wells shall be surveyed
relative to mean sea level (M.S.L.). The depth of water in each well shall be
measured from the surveyed point on the top of the casing. The water level
elevations shall then be determined relative to M.S.L..
The numbers in parentheses represent the maximum allowable concentrations in
groundwater for the various analytical parameters, as specified in 15 NCAC 2L
[Groundwater Classifications and Standards]. Unless otherwise noted, the
concentrations are given in parts per million.
If TOC concentrations greater than 10 mg/1 are detected in any downgradient
monitoring well, additional sampling and analysis must be conducted tb identify the
individual constituents comprising this TOC concentration. If the TOC concentration
as measured in the back rg, ound monitor well exceeds 10 mg/1, this concentration will
be taken to represent the naturally occurring TOC concentration. Any exceedances
of this naturally occurring TOC concentration in the downgradient wells shall be
subject to the additional sampling and analysis as described above.
If any volatile organic compounds are detected by method 6230D, or the equivalent
method 502.2, then EPA methods 604 and 611 must also be run to detect other
organic compounds which may be present. The results of all analyses specified in
the monitoring requirements, including 604 and 611 if required, must be submitted
simultaneously.
The results of the sampling and analysis shall be sent to the N.C. Division of
Environmental Management on Form GW-59 (Compliance Monitoring Report
Form) every April, August, and December.
7
1 f `
4. The Compliance BoundBounda1y for the disposal system is specified by regulations in 15
NCAC 2L, Classifications and Water Quality Standards applicable to the
groundwater of North Carolina. An exceedance of Groundwater Quality Standards
beyond the Compliance Boundary is subject to penalty provisions applicable under
General Statute 143-215.6(1)a. The sale of property, by the Permittee, which is
within or contiguous to the disposal system site may alter location of the Compliance
Boundary.
For facilities permitted on or after December 30, 1983, the Compliance Boundary is
established at the lesser of 250 feet from the perimeter of the waste disposal area, or
50 feet within the property boundary.
If the title to any property which may affect the location of the Compliance Boundary
is changed, the permittee shall notify the Division Director within 14 days. The
Director shall then establish a modified Compliance Boundary which will be done as
a modification to the Permit.
The REVIEW BOUNDARY for the disposal system is specified by regulations in 15
NCAC 2L, Groundwater Classifications and Standards. A REVIEW BOUNDARY
is established around disposal systems midway between the Compliance Boundary
and the perimeter of the waste disposal area. When the concentration of any
substance equals or exceeds the maximum allowable concentration of that substance
at the REVIEW BOUNDARY, as determined by monitoring, the permittee shall
either (i) demonstrate, through predictive calculations or modeling, that natural site
conditions, facility design and operational controls will prevent a violation of
standards at the Compliance Boundary; or, (ii) submit a plan for the alteration of
existing site conditions, facility design or operational controls that will prevent a
violation of standards at the Compliance Boundary, and implement that plan upon its
approval by the Director.
V. INSPEMONS
The Permittee or his designee shall inspect the sludge storage, transport, and
disposal facilities 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. The Permittee shall keep 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 three years
from the date of the inspection and shall be made available upon request by the
Division of Environmental Management or other permitting authority.
2. Any duly authorized officer, employee, or representative of the Division of
Environmental Management may, upon presentation of credentials, enter and
inspect any property, premises or place on or related to the disposal site and
facility at any reasonable time for the purpose of determining compliance with this
permit; may inspect or copy any records that must be kept under the terms and
conditions of this permit; or may obtain samples of groundwater, surface water,
or leachate.
N.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the land application activities are carried
out in accordance with the conditions of this permit and in the manner approved
by this Division.
2. This permit is effective only with respect to the nature and volume of wastes
described in the application and other supporting data.
3. This permit is not transferable. In the event there is a desire for the facilities to
change ownership or a name change of the Permittee, a formal permit request must
be submitted to the Division of Environmental Management accompanied by an
application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered
on its merits and may or may not be approved.
4_ Prior to any transfer of this land, a notice shall be given to the new owner that
gives full details of the materials applied or incorporated at this site.
5. This permit shall become voidable unless the agreements between the Permittee
and the landowners/lessees are in full force and effect.
6. The following are approved sites for sludge application (see attached map):
Site No. Owner Lessee Application Area (excluding buffers)
ores
2-5 Carolina Turkeys 25
7. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Environmental
Management in accordance with North Carolina General Statute 143-215.6.
8. The annual administering and compliance fee must be paid by the Permittee within
thirty (30) days after being billed by the Division. Failure to pay the fee
accordingly may cause the Division to initiate action to revoke this permit as
specified by 15 NCAC 2H .0205 (c)(4).
9. The issuance of this permit does not preclude the Permitter from cornplying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
10. A set of approved documents for the subject project must be retained by the applicant
for the life of the permit.
11. The Permittee, at least six (6) months prior to the expiration of this permit, shall
request its extension. Upon receipt of the request, the Commission will review
the adequacy of the facilities described therein, and if warranted, will extend the
permit for such period of time and under such conditions and limitations as it may
deem appropriate.
9
12. This permit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division of Environmental Management
1 deems necessary in order to adequately protect the environment and public health.
13. The buffer between the property line and land application site zone # 4 shall be 330
feet, as shown on the attached map.
14. Issuance of this permit hereby voids Permit No. WQ0003297 issued October 19,
1990.
Permit issued this the 18th day of February, 1991
Tlq CAROLINA ENnONMENTAL MANAGEMENT COMMISSION
George T. Everett, irecto
Division of Envizonmen agement
By Authority of the Environmental Management Commission
Permit No. WQ0003297
10
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LEGEND
AUB AUTRYVILLE FINE SAND
BnB BLANTON SAND
LyB LAKELAND SAND
McC MARVYN AND GRITNEY SOILS
SLUDGE APPLICATION AREA
o MW11 MONITORING WELL
FIGURE 1 SLUDGE APPLICATION MAP
CAROLINA TURKEYS AST_ OLIVE, NC
No
m
wJ-* i c
SCALE: 1" = 6601-
RQBERT KENDALL
& ASSOCIATES
-ac1hity
Carolina Turkeys
Permit No.
WQ0003297
County
Duplin
=gion
Wilmington
OGC Attorney
Reviewer
Jones
Permit Issued
1 0/ 1 9/ 9 0
OAH Petition
1 1 / 1 4/9 0
Reg Com Req
1 1/ 2 6/ 9 0
Reg Com Rec
1 1/ 1 4/ 9 0
G W Com Req
1 1/ 2 6/ 9 0
G W Cam Rec
1 2/ 1 4/ 9 0
Tech Sup Com
Tech Sup Com
Env Sci Com Req
Env Sci Com Rec
Aa uaicarea
rrems:
1.
Section IV item 1 - Requirement for additional monitoring well.
2.
3.
4.
6.
6,
7.
8.
Comments
Revised Permit
0 2 / 1 8 / 91
Memo from GTE
Resolved
0 2 / 1 8 / 91