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HomeMy WebLinkAboutWQ0004369_Final Permit_19910228State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 2761 James G. Martin, Governor George T. Everett, Ph.D. William W. Cobey, Jr., Secretary Director February 28, 1991 Mr. Harry L. Palmer, Vice President of Administrative Services Perdue Farms Incorporated Post Office Box 1537 Salisbury, Md. 21802 Subject. Permit No. WQ0004369 Perdue Farms Incorporated Land Application of Sludge Martin County Dear Mr. Palmer: In accordance with your application received November 6, 1990, we are forwarding herewith Permit No. WQ0004369, dated February 28, 1991, to Perdue Farms Incorporated for the operation of a land application of sludge program. This permit shall be effective from the date of issuance until February 28, 1996, 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. 13367 issued July 8, 1986. 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. cc: Martin County Health Department Mr. Jimmy Davis, Perdue Farms Inc. Washington Regional Office Groundwater Section Training and Certification u Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer W sr 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 Perdue Farms, Incorporated Martin County • : 0.1 operation of a sludge land application program consisting of the land application of dissolved air flotation (DAF) liquid sludge from Perdue Farms, Incorporated's Robersonville poultry processing plant to sites listed in Condition VI.6 of this permit with no discharge of wastes to the surface waters, pursuant to the application received November 6, 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 February 28, 1996, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1, The Washington Regional Office, phone no. 919/ 946-6481, 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 on the new application sites 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 Martin 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. *`PThe 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 r_,zthod, however the buffer zone requirement may be reduced to a minimum of ' 00 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 plan 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) p--ior to application or incorporation. An evaluation of all sludges as specified in condition 114 must be conducted as to their ability to demonstrate compliance "A ith 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 II. OPERATION AND MAINTENANCE REQUIREMENTS The facilities and disposal sites shall be properly maintained and operated at all times, 2. A suitable vegetative cover as listed in condition II 3, shall be maintained in accordance with the crop management plan approved by this Division. 3. The application rates shall not exceed the following for the specified crops: Crops PAN (lbs/acre/year) Wheat (small grain) 100 Barley (small grain) 100 Milo (small grain) 100 Oats (small grain) 100 Soybeans 150 Corn (silage and grain) 200 Alfalfa 250 Sorghum 120 Sudex (silage) 200 Sudex (hay) 160 Fescue grass 250 Timothy grass 200 Orchard grass 200 Rye grass 200 Blue grass 220 Coastal Bermuda grass 350 Cotton 100 Forest areas (hard and soft woods) 75 4. No sludges other than the following are hereby approved for land application in accordance with this permit: Permit Estimated Source County Number Volume ton ear DAF unit Martin WQ0004369 1,307.52 Perdue Farms Robersonville Plant 5. The lifetime heavy metal loadings shall not exceed the following for the corresponding Cation Exchange Capacities (CEC). Paramf,-. CEC < 5 Lead (lbs/acre) 500 Zinc (lbs/acre) 250 Copper (lbs/acre) 125 Nickel (lbs/acre) 125 Cadmium (lbs/acre) 4.5 6. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified waster treatment plant operator to be in responsible charge of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to the classification assigned to the wastewater treatment facilities by the Certification Commission. 3 0o 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. 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. III. 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. 4 3. A representative annual soils analysis (Standard Soil Fertility 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 Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: % Base Saturation Manganese Magnesium Cation Exchange Capacity Phosphorus Sodium Potassium Nickel Lead Cadmium Zinc Copper pH Calcium 4. A quarterly sludge analysis and annual Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the Permittee and the results maintaned on file by the Permittee for a minimum of five years. if land application occars at a frequency less than quarterly, sludge analysis will be required for each ins-ance of land application. The sludge analysis shall include but is not necessarily li .sited 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 Trichloroethylene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,4,5-TP (Silvex) Vinyl chloride Da, 5. Three copies of all monitoring and reporting requirements as specified in conditions 1111, III 2, III 3 and 1114 shall be submitted annually on or before March I 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 Washington, Regional Office telephone no. 919/ 946-6481, 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 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. IV. GROUNDWATER REQUIREMENTS The Compliance Boundary 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. 2. For facilities permitted on or after December 30, 1983, the Compliance Boundary is established at the lesser of 250 feet from the land application sites, or 50 feet within the property boundary. A If the title to any property which may aMect 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. 4. 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 \vill 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. 5. Any groundwater quality monitoring as deemed necessary by the Division of Environmental Management shall be provided. 6. No land application of waste activities shall be undertaken when the seasonal high water table is less than three feet below land surface. V. INSPECTIONS 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. 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. 7 3. This permit is not transferable. In the event there is as 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 (All identification numbers correspond to those used in the submitted soils report by Dennis J. Osborne dated July 9, 1990.): Site No. Owner/Lessee ASCS# AS CS Field# Application Area [acres] excluding buffers 1 H.D.Allen 1470 1,2,3 14.73 2 A. Doubel 1329 2 8.66 5 Moore Ukn 66,67,68,69 14.11 6 Moore Ukn 64,65 17.33 7 Moore T-1132 58,59,62 35.09 9 R. Grimes 1952 7,8,9 25.10 10 Perry 1735 6 37.73 11 Rogers T-1139 2,5,6 45.38 12 F. Peel 1330 1,2,4,5 51.05 13 R. Peel 1556 1,2,3,4 14.89 14 P. Peel 1468 1,2,3 16.92 15 I.J. Meeks T-1983 1,2,3,4,5 65.15 16 P. Dicken T-1019 9- 18 86.88 17 Johnson 2056 6 - 12,20,21, 93.46 23 - 26 The land application sites designated below are covered in part by soils having a seasonal high water table at depths ranging from 2 to 3 feet below land surface. Therefore, no- sludge shall be applied to. these fields during the period from December through April, inclusive. (All identification numbers correspond to those used in the submitted soils report by Dennis J. Osborne dated July 9, 1990.) Site No. Owner/Lessee ASCS# ASCS Field# Application Area Iacresl excludingbuffers 3 H.D. Allen 1154 1,5,6 16.15 4 G. Peel 1470 1 11.90 8 Leo Roberson 1366 8 8.85 The following sites were determined to be unsuitable for land application due to the presence of a seasonal high water table near land surface. (all identification numbers correspond to those used in the submitted soils report by Dennis J. Osborne dated July 9, 1990.) Site No. Owner/Lessee 1 H.D. Allen 2 A. Doubel 3 H.D. Allen 4 G. Peel ASCS# AS CS Field# 1470 4 1329 1 1154 2,3,4 1470 2,3,4,5,6 8 Leo Roberson 1366 4,5 11 Rogers T-1139 1,3,4 12 F. Peel 1330 3 16 P. Dicken T-1019 21 17 Johnson 2056 22,27 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 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. 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. 12. This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and monitoring requirements the Division of Environmental Management deems necessary in order to adequately protect the environment and public health. 13. Issuance of this permit hereby voids Permit No. 13367 issued July 8, 1986. Permit issued this the 28th day of February, 1991 TH CAROLINA George T. Ever Division of En By Authority of Permit No. WQ0004369 'AL MANAGEMENT COMMISSION Management Commission 9 f' ATTACHMENT INVKI TJE : �` . "LOCAT ION MAC „,:."• ., r-"".riF,rrr:; �,r FARM_-�STTLS ! ' . 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