HomeMy WebLinkAboutWQ0003596_Final Permit_20000609State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
June 9, 2000
Mr. Tracy Scott Jones
Jones Dairy Farm Corporation
P.O. Box 1108
Wake Forest, NC 27588
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ0003596
Jones Dairy Farm Corporation
Land Application of Wastewater Residuals
Wake County
Dear Mr. Jones:
In accordance with your application received on February 10, 2000, we are forwarding herewith Permit No.
WQ0003596, dated June 9, 2000, to for the operation of a wastewater residuals land application program.
This permit shall be effective from the date of issuance until May 31, 2005, shall void Permit No.
WQ0003596 issued June 19, 1995, and shall be subject to the conditions and limitations as specified therein.
Please pay particular attention to the monitoring and reporting requirements contained in this permit. Failure to
establish an adequate system for collecting and maintaining the required operational information will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes,
and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-
6714. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter
extension 363. /
Kerr
cc: Wake County Health Department
Raleigh Regional Office, Water Quality Section
Raleigh Regional Office, Groundwater Section
Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
contact J R Joshi at (919) 733-5083
/
Stevens
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone 919--733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
NORTH CAROLINA
.ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
RESIDUALS 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
.Tomes Dairy Farm
Wake County
FOR THE
operation of a wastewater residuals land application program consisting of the application of 13.72 dry tons per
year of residuals from sources listed in Condition II 5, to approximately 14 acres of land in Wake County with no
discharge of wastes to the surface waters, pursuant to the application received on February 10, 2000 and in
conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until May 31, 2005, shall void Permit No.
WQ0003596 issued June 19, 1995, and shall be subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
This permit shall become voidable if the soils fail to adequately assimilate 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.
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.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface
or groundwaters resulting from the operation of this program.
4. In the event that the land application program is not operated satisfactorily, including the creation of
nuisance conditions, the Permittee shall cease applying residuals to the sites and take any immediate
corrective actions as may be required by the Division of Water Quality (Division).
Some of the buffers specified below may not have been included in previous permits for this land
application operation. However, any sites or fields that are included in this permit, but were approved
with different applicable buffers shall be reflagged to comply with the below buffers. The following
buffer zones shall be maintained:
a) 400 feet from residences or places of public assembly 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 and approval from the appropriate regional office,
b) 200 feet from residences or places of public assembly under separate ownership for subsurface
residual injection method; however, the buffer zone requirement :may be reduced to a minimum of
100 feet upon written consent of the owner and the appropriate regional office,
c) 100 feet from any public or private water supply source, waters classified as SA or SB, and any
Class I or Class II impounded reservoir used as a source of drinking water for both methods,
d) 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters
and any other lake or impoundment for surface application,
e) 50 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters
and any other lake or impoundment for subsurface application,
f) 50 feet from property lines for both surface and subsurface application methods;
g) 50 feet from public right of ways for both application methods,
h) 10 feet from upslope interceptor drains and surface water diversions for both application methods,
i) 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems
and surface drainage ditches for both application methods.
6. A copy of this permit shall be maintained at the land application site when residuals are being applied
during the life of this permit. A spill prevention and control plan shall be maintained in all residuals
transport and application vehicles.
Specific residual application area boundaries shall be clearly marked on each site prior to and during
application.
No residuals at any time shall be stored at any application site, unless approval has been requested and
obtained from the Division.
9. Maximum slope for residual application shall be 10% for surface application and 18% for subsurface
applications.
10. When wastewater residuals are applied, the Class A pathogen requirements and site restrictions in 40
CFR Part 503.32(a) or the Class B pathogen requirements and site restrictions in 40 CFR Part
503.32(b), and one of vector attraction reduction requirements in 40 CFR Part 503.33 shall be met.
Additionally, an evaluation must be performed which demonstrates the residuals ability to comply with
this requirement. Upon request, a copy of this evaluation must be submitted including all test results
and calculations.
H. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities and application sites shall be properly maintained and operated at all times.
2. A suitable vegetative cover, as listed in condition H 4, shall be maintained in accordance with the crop
management plan outlined by the local Extension Office, the Department of Agriculture, the Natural
Resource Conservation Service, or other agronomist, and approved by this Division.
An acceptable pH must be maintained in the soil, residual and lime mixture, greater than 6.0, on all
laud application sites to insure optimum yield for the crop(s) specified below. The agronomist shall
provide information on the pH best suited for the specified crop and the soil type.
2
4
5
7.
The application rates shall not exceed the following for the specified crops:
Crop PAN (lb./acne/yr. Crop PAN (lb./acre/yr.)
Alfalfa
200
Forest (Hardwood & Softwood)
75
Bermuda Grass (Hay, Pasture)
220
Milo
100
Blue Grass
120
Small Grain (Wheat, barley, oats)
100
Corn (Grain)
160
Sorghum, Sudex (Pasture)
180
Corn (Silage)
200
Sorghum, Sudex (Silage)
220
Cotton
70
Soybeans
200
Fescue
250
Timothy, Orchard, & Rye Grass
200
If the approved land application sites are to be double cropped (i.e., a crop in the spring and a second
crop in the fall, with BOTH crops to receive wastewater residuals), then the second crop shall receive
an application of nutrients at a rate of no greater than 50 lbs/acrelyr. This practice will be allowed as
long as the second crop is to be harvested. If the second crop is to be planted for erosion control only,
and is to be tilled into the soil, then no wastewater residuals shall be applied to these fields because the
nitrogen will essentially be returned to the soil.
No residuals other than the following are hereby approved for land application in accordance with this
permit:
Permit Volume
Source Count Number (dry tons/vear)
Jones Dairy Farm Wake NCO064149 13.72
The metal loading rates shall not exceed the following Cumulative Pollutant loading rates: �
Kilograms Pounds
Parameters_ per Hectare Qer Acre
Arsenic
41
36
Cadmium
39
34
Copper
1,500
1,338
Lead
300
267
Mercury
17
15
Molybdenum
----
----
Nickel
420
374
Selenium
100
89
Zinc
2,800
2,498
The pollutant concentrations in the residuals which will be applied to the land shall not exceed the
following Ceiling Concentrations (Dry Weight Basis):
Parameters m /k
Arsenic
75
Cadmium
85
Copper
4,300
Lead
$40
Mercury
57
Molybdenum
75
Nickel
420
Selenium
100
Zinc
7,500
8. Upon classification of the facility by the Water Pollution Control System Operators Certification
Commission (WPCSOCC), the Permittee shall employ a certified land application/residuals operator to
be in responsible charge (ORC) of the land application program. The operator must hold a certificate
of the type classification assigned to the land application program by the WPCSOCC. The Permittee
must also employ a certified back-up operator of the appropriate type to comply with the conditions of
1 SA NCAC 8A .0202. "
9. Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored
residuals into any surface waters.
10. Surface applied residuals will be plowed or disced within twenty-four (24) hours after application on
lands with no cover crop established.
11. For areas that are prone to flooding or within the 100-year flood elevation, residuals may be applied
only during periods of dry weather. The residuals must be incorporated into the soil within twenty-four
(24) hours after application.
12. 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 residual application event. Such controls may
include the posting of signs indicating the activities being conducted at each site.
13. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying
pollutants from the residuals application area onto the adjacent property or into any surface waters.
14. Residuals 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 residuals disposal measures must first be approved by the
Division.
15. Residuals shall not be applied to any land application site that is flooded, frozen or snow-covered.
15. Residuals shall not be applied at rates greater than agronomic rates, unless authorized by the Division.
17. AnimaIs shall not be grazed on an application site for 30 days after residuals application. Application
sites that are to be used for grazing shall have fencing that will be used to prevent access after each
application.
18. Food crops, feed crops and fiber crops that do not come in contact with the residuals shall not be
harvested for 30 days after residuals application.
19. Food crops with harvested parts that touch the residual/soil mixture and are totally above the land
surface (ex. tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after
residuals application.
20. Food crops with harvested parts below the surface of the land (root crops such as potatoes, carrots,
radishes, etc.) shall not be harvested for 20 months after application of residuals when the residuals
remain on the land surface for four (4) months or longer prior to incorporation into the soil.
21. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months
after application of residuals when the residuals remain on the land surface for less than four (4)
months prior to incorporation into the soil.
22. Turf shall not be harvested for 1 year after residuals application if the turf is to be placed on land with a
high potential for public exposure.
4
Ili. MONITORING AND REPORTING REQUIREMENTS
Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed
necessary by the Division to insure protection of the environment will be established and an acceptable
sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee tracking all application activities. These records
shall include, but are not necessarily limited to the following information:
a. source of residuals
b. date of residual application
c. location of residual application (site, field, or zone #)
d. method of application
e. weather conditions (sunny, cloudy, raining, etc.)
f. soil conditions
g. type of crop or crops to be grown on field
h. volume of residuals applied in gallons/acre, dry tons/acre or kilograms/hectare
i. annual and cumulative totals of dry tons/acre of residuals, annual and cumulative pounds/acre of
each heavy metal (which shall include, but not be limited to arsenic, cadmium, copper, lead,
mercury, molybdenum, nickel, selenium and zinc), annual pounds/acre of plant available nitrogen
(PAN), and annual poundslacre of phosphorus applied to each field.
3. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted on each site
receiving residuals in the respective calendar year and the results maintained on file by the Permittee
for a minimum of five years.
The Standard Soil .Fertility Analysis shall 'include, but is not necessarily limited to, the following
parameters:
Acidity
Calcium
Copper
Magnesium
Cation Exchange Capacity
Manganese
Percent Humic Matter
PH
Phosphorus
Potassium
Sodium
Zinc
Base Saturation (by calculation)
4. A residuals analysis will be conducted annually from the date of permit issuance by the Permittee and
the results maintained on file by the Permittee for a minimum of five years. If land application occurs
at a frequency less than annually, a residuals analysis will be required for each instance of land
application. The residuals analysis shall include but is not necessarily limited to the following
Parameters:
Arsenic
Cadmium
Copper
Lead
Mercury
Molybdenum
Nickel
Selenium
Zinc
Aluminum
Ammonia -Nitrogen
Nitrate -Nitrite Nitrogen
% Total Solids
pH
Phosphorus
Potassium
TKN
Plant Available Nitrogen (by
calculation)
5. All residuals included in this permit must be monitored annually, from the date of permit issuance, for
compliance with condition I i I of this permit. Data to verify stabilization and vector attraction
reduction of the residuals must be maintained by the Permittee. The required data is specific to the
stabilization process utilized, but should be sufficient to clearly demonstrate compliance the Class A
pathogen requirements in 40 CPR Part 503.32(a) or with the Class B pathogen requirements and site
restrictions in 40 CFR Part 503.32(b), and one of vector attraction reduction requirements in 40 CFR
Part 503.33. In addition, the EPA certification statements concerning compliance with pathogen
requirements, vector attraction reduction requirements and management practices must be completed
annually by the proper authority or authorities if more than one is involved, either the person who
prepares the residuals, the person who derives the material, or the person who applies the residuals.
6. Three copies of all required monitoring and reporting requirements as specified in conditions 1II 1, I11
2, 1II 3, 1114,1115 and III 6 shall be submitted annually on or before March I of the following year to
the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 571-
4700, 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. 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 material to receiving waters.
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 residual treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals to the application
site.
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five (5) 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.
IV. GROUNDWATER REQUIREMENTS
The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC
2L, Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system
constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area,
or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An
exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to
51
immediate remediation action in addition to the penalty provisions applicable under General Statute
143-215.5A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal
systems midway between the Compliance Boundary and the perimeter of the waste disposal area. Any
exceedance of standards at the Review Boundary shall require remediation action on the part of the
permittee.
2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided.
3. No land application of waste activities shall be undertaken when the vertical separation between waste
and water table is less than three feet. Verification of water table elevation by soil borings must be
conducted on all sites to receive residuals, within 24 hours, prior to application of residuals. After
verification of water table is concluded, the soil boring must be filled in with soil, to decrease the
chances of residuals contaminating the surficial aquifers.
V. INSPECTIONS
1. The Permittee or his designee shall inspect the residuals storage, transport, and application facilities to
prevent malfunctions and deterioration, operator errors and discharges which may cause or Iead to the
release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall
maintain an inspection log or summary including at least the date and time of inspection, observations
made, and any maintenance, repairs, or corrective actions taken by the Pernvttee. This log of
inspections shall be maintained by the Permittee for a period of five years from the date of the
inspection and shall be made available to the Division or other permitting authority, upon request.
2. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the application site or
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; and may obtain
samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the land application activities are carried out in accordance
with the conditions of this permit, the supporting materials, 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 automatically transferable. In the event that 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 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. The following are approved sites for residuals application (see attached map[s]):
Application Area [acres]
Site No. Owner/Lessee excludin buffers
a
Wake County
I Jones Dairy Farm. (JVC, Inc.) 3.1
2 Jones Dairy Farm (JVC, Inc,) 3.8
3 Jones Dairy Farm (JVC, Inc.) 2.6
4 Jones Dairy Farm (JVC, Inc.) 4.5
TOTAL ACRES IN COUNTY 14
TOTAL AVAILABLE ACRES 14
a
The western border of these sites shall be the access road to the WWTF.
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A
to 143-215.6C.
6.- 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).
7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes}
rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and
federal) which have jurisdiction.
8. The Permittee, at Ieast 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.
This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and
monitoring requirements the Division deems necessary in order to adequately protect the environment
and public health.
Permit issued this t�Ninth day of June, 2000
7ZRTIOLIZAE / NTAL MANAGEMENT COMMISSION
4KerrT. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0003596
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