WQ0004500_Final Permit_20090227

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MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Goleen H. Sullins
Governor Director
February 23, 2009
MR. SANKEY FIELDS., OPERATION SUPERINTENDENT
ARCHER DANIELS MIDLAND COMPANY
1730 EAST MOORE STREET, S.E.
SouTHPORT, NORTH CAROLINA 28461-0640
Dear Mr.Fields:
Dee Freeman
Secretary
Subject: Permit No. WQ0004500
Archer Daniels Midland Company
Southport, NC Manufacturing Facility
Distribution of Residual Solids
(503 Exempt)
Brunswick County
In accordance with your permit modification request received November 20, 2008, we are
forwarding herewith Permit No. WQ0004500, dated February 23, 2009, to the Archer Daniels Midland
Company for the continued operation of the subject land application of residuals solids program. The
requested modification was to increase the dry tonnage for NitroGro V from 0.00 dry tons per year to
49,058.00 dry tons per year. It should be noted that with this increase of NitroGro V the total dry tonnage
for the facility will not increase as NitroGro V is a blended material of NitroGro 11 and NitroGro IV.
This permit shall be effective from the date of issuance until April 30, 2013, shall void Permit No.
WQ0004500 issued May 30, ZOOS, 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.
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 the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
Please note that on September 1, 2006 State Administrative Code 15A NCAC Subchapter 02T —
Waste not Discharged to Surface Water was adopted. This permit incorporates the requirement of these
rules. Remember to take the time to review this permit thoroughly, as some of the conditions
contained therein may have been added, changed, or deleted from those in previously issued permits
AQUIFER PRCQTECTICIN SECTON
1636 M,a:! Service Cente , Raleigh, North Camlina 27699-1636
Location: 2728 Capital Boulevard, Raleigh, North CaroEina 27604
Phone: [phone] FAX 1: c 19-715-058.8: FA`: 2: 91 u-715-60481 Customer Service: 1-877-�23-6748
Internet: www.ncwateraua%'om
An Equa€ C�)porluniV t Affmmadve Actbn Emplaye-
Noi-th Carot.ina
Naturall#

Mr. Sankey Fields
February 19, 2009
Page 2 of 2
Please note that distribution of the class A r"siduals to a third party for further distribution
requires the creation of a written and signed utilization agreement between the Permittee and the person
or party accepting the residuals. Upon accepting the class A residuals and making the agreement the
acceptor assumes responsibilities for proper utilization of the residuals.
Some issues that may be of interest to you include the following:
♦ Several pieces of historic documentation from you make the following statement:
"ADM is not a Part 503 regulated land application program, because we segregate our sanitary
waste water from our industrial waste waters, and therefore are [sic] not required to permit our
application sites."
The fact that the residuals that you generate are not regulated under 40 CFR Part Spa is not the
reason why you are not required to permit individual land application sites. The Division
permits and monitors dozens of programs that are exempt from this federal regulation under
which specific sites must be approved. Rather, your program is unique in this regard because
NitroGro has low pollutant concentrations, should be absent of pathogens, and is a registered
fertilizer in the State of North Carolina.
♦ The original permit modification application package requested that Robeson County and
Sampson County be included among those counties in which the Division had previously
approved NitroGro for distribution/land application. Note that, with the issuance of this permit,
the distribution/land application of NitroGro is no longer limited to specific counties. This is an
example of a change that the Division has made to this permit so that it is more consistent with
other similar program. However, both you and the Division are aware that NitroGro, despite
being a registered fertilizer in the State of North Carolina, is quite odiferous and can create
nuisance conditions during distribution/land application. Therefore, Condition 1. 2. provides for
the development and .implementation of a plan that addresses issues such as notification,
complaint and nuisance condition resolution, and public education. The plan must be presented
to and discussed with the Water Quality Section staff of the Division's Fayetteville Regional
Office and Wilmington Regional Office as well as with every regional office in which the
program is to be expanded at least 30 calendar days prior to initiating any distribution/land
application events in the corresponding region.
♦ As a result of discussions initiated after a notice of violation issued on June 13, 1999 to the
contrary, the Division will consider surface application with incorporation to be a subsurface
application method (i.e., like injection) for the purpose of buffer establishment. Note, however,
that the incorporation must take place within six hours of the application event. In addition, no
volatilization of the ammonia -nitrogen present in the NitroGro may be assumed when calculating
the plant available nitrogen (PAN) concentration for NitroGro that is applied in this manner.
♦ You may have noted in this permit that you are no longer required to keep track of lifetime
loading rates (LLRs) for certain pollutants (i.e., metals). This requirement has been eliminated in
exchange for compliance with Condition 1. 9., which requires that NitroGro meets both a ceiling
concentration as well as a monthly average concentration for various pollutants.
♦ NitroGro may exhibit high sodium adsorption rations (SAR) as well as a low pH. These
characteristics can have a deleterious impact on the agronomic integrity of the sites onto which
NitroGro is distributed/land applied. Although no longer a specific requirement of this permit,
soil sampling of the sites used in this program is recommended to continue, and Condition U. 19.
requires that information and recommendations regarding agronomic issues be provided to

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
PERMIT FOR THE DISTRIBUTION OF CLASS A RESIDUALS
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
Archer Daniels Midland Company
Brunswick County
FOR THE
continued operation of a residuals distribution/land application program for the Southport, NC
Manufacturing Facility of Archer Daniels Midland Company and consisting of the distribution/land
application of residuals generated by the residuals source -generating faciiities listed in the most recently -
certified Attachment A and marketed under the product name NitroGro to unspecified land application
sites with no discharge of wastes to surface waters, pursuant to the permit modification application
package receivcd on November 20, 2008 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.
Note that per 15A NCAC 02T .1102, bulk residuals shall [Wean residuals that are loaded in quantities
greater than 1.102 short tons (or greater than one metric ton) and transported either directly to a receiving
site for application to the land or to a temporary (intermediary) storage location prior to application to the
land.
This permit shall be effective from the date of issuance until April 30, 2013, shall void Permit No.
WQ0004500 issued May 30, 2008, and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES_ [please review the entire permit, for reporting, monitoring, and other on -going activities]
Arthur Daniels Midland Company shall submit a completed Residuals Source Certification (FORM:
RSCA 02-07) for NitroGroV prior to land applying the material. The Division understands that this
condition may require the first batch to be staged at the staging facility until characterization testing is
complete.
2. No later than September 1, 2011 the Permittee shall be able to demonstrate compliance with pathogen
reduction requirements in Permit Condition IIA.
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 that Rule
15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application
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Mr. Sankey Fields
February 19, 2009
Page 2 of 2
landowners and/or lessees/operators. Therefo..., please ensure that your program is designed to
ensure adherence to this condition.
♦ Staging or field storage of NitroGro is allowed by this permit, as the Division understands that
this is the most efficient and effective way to distribute/land apply the product. Condition IT. 4.
contains the minimum requirements governing how such staging should occur. The Division,
however, would like to call your attention to the availability of guidance that has been developed
and published by the United States Environmental Protection Agency, entitled "Guide to Field
Storage of Biosolids (EPA/832-B-00-007)," which may be downloaded from the web site at
hitp://www.epa.gov/owmitnet/mtb/biosolids/fsguide/. Note that, even though this document was
specifically developed to address the field storage of biosolids, it may have some applicability to
staging of organic waste material in general.
♦ The Division has agreed to reduce the frequency of required inspections of the residuals
treatment, storage, transport, and application facilities to monthly (i.e., see Condition V. 1.)
instead of requiring that such inspections be performed prior to each residuals distribution/land
application event. Note, however, that the Division will still hold the Permittee liable for any
permit violations that result from malfunctions, deterioration, and operator errors that may have
been noticed and resolved as a result of more frequent inspections
If you need additional information concerning this matter, please contact Alice M. Wessner at
[phone] or [e-mail].
Sincerely,
r
/ColSH. Sullins
cc: Brunswick County Health Department
Wilmington Regional Office, Aquifer Protection Section
Todd Shearin, Technical Services Director, Synagro 284 Boger Rd., Mocksville, NC 27028-7619
APS Central Files
LAU Files

IL PERFORMANCE STANDARDS
The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface
waters or groundwater resulting from the �operatidn of this Class A residuals distribution and land
application. program.
2. No residuals other than those generated by the residuals source -generating facilities listed in the most
recently -certified Attachment A of this permit shall be approved for distribution or land application in
accordance with this permit.
3. The pollutant concentrations in any residuals that are distributed or laud applied to any land
application site shall not shall not exceed the following Ceiling and Monthly Average
Concentrations (i.e., dry weight basis)
Parameter
Monthly Average
Concentration
(mg/kg)
Ceiling Concentration
(mg/kg)
Arsenic
41
75
Cadmium
39
85
Copper
1,500
4,300
Lead
300
840
Mercury
17
57
Molybdenum
n{a
75
Nickel
420
420
Selenium
100
100
Zinc
2,800
7,500
4. When biological residuals (NitroGro II and NitroGro V) are distributed or land applied under the
conditions of this permit, the Class A pathogen requirements and site restrictions in 15A NCAC 02T
.1106 (a) and (b), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall
be met. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to
comply with this requirement. Upon request, a copy of this evaluation, including all test results and
calculations, shall be submitted. Only residuals that are generated by the residuals source -generating
facilities that are identified as being exempt from this condition in the most recently -certified
Attachment A shall not be required to comply with the specified pathogen reduction and vector
attraction reduction requirements.
When residuals (NitroGro III and NitroGro M are distributed or land applied under the conditions of
this permit, the Class A pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and
(b) (2) shall be met. Additionally, an evaluation shall be performed that demonstrates the residuals'
ability to comply with this requirement. Upon request, a copy of this evaluation, including all test
results and calculations, shall be submitted. Only residuals that are generated by the residuals source -
generating facilities that are identified as being exempt from this condition in the most recently -
certified Attachment A shall not be required to comply with the specified pathogen reduction and
vector attraction reduction requirements.
5. For residuals treatment and storage facilities, the following minimum setbacks shall be maintained
(all distances in feet):
i. Any habitable residence or place of public assembly under separate ovvncrship:
ii. Any property line:
iii. Any private or public water supply source:
iv. Surface waters:
V. Any well with exception of monitoring wells:
WQ0004500 Version 3.1 Shell Version 090204
100
50
100
50
100
Page 2 of 13

When land applying bulk class A residuals to any land application site, the following setbacks shall
be maintained (all distances in feet):
Liquid
Cake
a. Any private or public water supply source:
100
100
ii. Surface waters:
100
25
iii. Surface water diversions:
25
0
iv. Groundwater lowering ditches:
25
0
v. Any well with exception of monitoring wells:
100
100
vi. Bedrock outcrops:
25
0
Unless others noted in Attachment A of this permit, "cake" residuals are residuals that have greater
than 15% solids by weight and can be stacked without flowing, and handled, transported and spread
as a solid (i.e., using a backhoe, front end loader, clinger spreader, broadcast spreader or other
equipment designed for handling solid materials) without leaving any significant liquid fraction
behind.
7. Specific residuals land application area boundaries shall be clearly marked on each land application
site prior to and during a bulk residuals land application event.
8. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall be land applied to all land
application sites at or below agronomic rates. Appropriate agronomic rates shall be calculated using
expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved
land application site. Realistic Yield Expectations for crop types and specific fields or soils types
shall be determined by using any of the following methods:
a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina
State University Department of Soil Science. The Department webpage is located at:
http://nutrients.soil.ncsu.edu/yields/
b. Site Specific Historical Data for croptypes on specific fields or soil types by calculating the mean
of the best three yields of the last five consecutive crop harvests for each field.
e. If the RYE cannot be determined using methods 8(a) or (b) above, RYE can be established from
specially developed soil interpretation records for Nutrient Management Planning, Farm Service
Agency Records, university trials, or inference from crop performance on soil with very similar
physical and chemical features.
d. Realistic Yields Expectations and acceptable nitrogen application rates that use the above
methodology are required parts of many agricultural planning documents. The Permittee may use
the RYE and appropriate agronomic rates reported in any of the following documents:
i. 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 Senate Bill 1217 Interagency Group- Guidance
Document: Chapter 1. Guidance for the completion of the plan can be found at:
htt ://www.enr.state.nc.us/DSWC/ a es/guidance docs.html.
iii. Certified Nutrient Management Plan as outlined by Natural Resources Conservation
Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management
Standards, which are available at:
ftp://ftp-fc.sc.egov.usda.gQyfNHO/practice-standards/standardsl590.pdf
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e. For any crop type for which the RYE and appropriate nitrogen application rate cannot be
determined, the Permittee shall contact the Division to determine necessary action.
9. If the land application sites are to be overseeded or $doublecropped (e.g., bermuda grass in the summer
and rye grass in the winter with BOTH crops to receive residuals or corn and small grain both to
receive residuals), then the second crop shall receive an application of PAN at a rate of no greater
than 50 pounds per acre per year. This practice shall 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 residuals shall be land applied to these sites because the PAN will essentially be returned to
the soil.
Prior to application of PAN to permitted sites at rates exceeding the agronomic rate, the Permittee
must submit and receive approval by the Division.
10. The Permittee shall not distribute class A residuals that contain a high salt content (i.e., high sodium
adsorption ratio (SAR) of ten (10) or higher) without prior written approval from the Division. The
Permittee may seek approval by demonstrating program adjustments have been made to assure that
the person accepting the residuals is aware of the affects of the high salt content, the proper
application rates of the residuals, and any other operational considerations for proper application to
assure that the high salt content will not adversely impact the receiving sites.
11. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations
in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary
for each land application site is established at either 250 feet from the residuals land application area
or 50 feet within the property boundary, whichever is closest to the residuals land application area.
Per 15A NCAC 2T .0105(h), upon the request by the Permittee the Compliance Boundary may be
located closer to the waste disposal area (provided the groundwater standards can be met at the newly
established Compliance Boundary). Any approved relocation of the COMPLIANCE BOUNDARY
will be noted in the most recently -certified Attachment B of this permit. An exceedance of
Groundwater Standards at or beyond the Compliance Boundary is subject to remediation action
according to 15A NCAC 2L .0106(d)(2) as well as enforcement actions in accordance with North
Carolina General Statute 143-215.6A through 143-215.6C.
12, The REVIEW BOUNDARY shall be established around each land application site midway between
the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance
of Groundwater Quality Standards at the Review Boundary shall require action in accordance with
15A NCAC 2L .0106 (d)(1).
III. OPERATION AND MAINTENANCE RE UIREMENTS
The class A residuals management program shall be effectively maintained and operated at all times
as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this
program. The Permittee shall maintain an Operation and Maintenance flan pursuant to 15A NCAC
02T .1110 including operational functions, maintenance schedules, safety measures, and a spill
response plan..
2. In the event that the class A residuals management program is not operated satisfactorily, including
the creation of nuisance conditions due to improper operation and maintenance, the Permittee
immediately shall either cease land applying or cease distribution of residuals to the sites impacted.
In addition, the Permittee shall contact the Aquifer Protection Section of the appropriate Division's
regional office, and take any immediate corrective actions as may be required by the Division.
These action(s) do not prevent the Division from subsequently taking actions in response to the above
violation consistent with the condition of this permit, North Carolina Administrative Code rules,
regulations and the NC General Statutes.
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The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to
15A NCAC 02T .1110 including operational functions, maintenance schedules, inspection plan,
sampling and monitoring plan, safety measures, and a spill response plan.
a. The sampling and monitoring portion of the plan as well as any modification to the plan shall
be approved by the Division. The most recent O&M Plan shall be submitted to the Wilmington
Regional Office for review and approval. The approved 0 & M plan shall include the
following information:
i. Names and position of personnel responsible for conducting the sampling and
monitoring;
ii. Required sampling frequency specified in Attachment B of the permit;
iii. Description of sampling and monitoring procedures to gather representative sampling for
each sampling period. Note that fluctuation in temperature, flow, and other operating
conditions can affect the quality of the residuals. The sampling plan must account for
any foreseen fluctuations in residuals quality, and indicate sampling times accordingly to
ensure compliance during the Most limiting times (e.g. small facilities that apply multiple
tunes per year, but have an annual sampling frequency may need to sample and document
compliance with the pathogen reduction requirements during winter months when
pathogen reduction is most likely to be negatively affected by cold temperatures).
4. A utilization agreement between the Permittee and the person or entity agreeing to accept and
distribute class A bulk residual shall be in place prior to acceptance of the bulk residual. The
agreement shall specify the responsibilities of the person or entity agreeing to accept and distribute
the class A bulk residuals. The utilization agreement shall be signed by both the Permittee or his
designee and the person responsible for application of the residuals. The utilization agreement shall
stipulate the following:
a. By agreeing to accept the bulk class A residuals it is recognized that the application of class A
residuals is allowed under the conditions of the agreement. The application of the class A
residuals is considered the application of a waste under 15A NCAC 02T .1100. The application
of the class A residuals to the land has been deemed permitted under 15A NCAC .1103(4)
provided the conditions of the agreement are met. Any action resulting in the damages to surface
waters or groundwater resulting or failure to follow the conditions of the agreement is subject to
enforcement action by the Division ;
b. The person or entity accepting the class A residual will to the best of their knowledge meet the
following application requirements:
i. Application of the bulk residuals will stop if it becomes known that the application
adversely affects a threatened or endangered species listed under section 4 of the
Endangered Species;
ii. Application of the bulk residuals shall not occur when the land is flooded, frozen, or
snow-covered or is otherwise in a condition such that runoff of the residuals would occur;
iii. Application of the bulk residuals shall not occur within the 100-year flood elevation
unless the bulk residuals are injected or incorporated within a 24-hour period following
the residuals land application event. Flood elevations information is available at
httL//m�ww.ncfloodmgps.com/default swfasp;
iv. Application of the bulk residuals shall not occur during a measurable precipitation event
(i.e., >.01" per hour) or within 24 hours following a rainfall event of 0.5 inches or greater
in a 24-hour period;
v. Residuals stockpiled for more than 14 days shall be covered;
vi. Application of the bulk residuals shall not occur if the vertical separation of the seasonal
high water table and the depth of bulk residuals application is less than one foot;
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vii. Application of the bulk residuals shall not occur if the vertical separation of the depth to
bedrock and the depth of residuals application is less than one foot;
viii. Application of bulk residuals shall not,occur within 100 feet of a public or private water
supply source;
ix. Application of bulk residuals shall not occur within 100 feet of any well with the
exception of monitoring wells;
x. Application of bulk residuals shall not occur within 25 feet of surface waters for cake
residuals and 100 feet of surface waters for liquid residuals.
c. The generator of the bulk residual shall provide information on the proper use of the residuals
including information on the nutrient quantities within the residuals and recommended
application rates. A copy of the label or information sheet attached to bags or other containers or
residuals as specified in Condition H.10 will satisfy this condition;
d. The applicator or party receiving bulk residuals from the permittee shall supply all third parties
receiving bulk residuals with documentation specifying that application shall occur consistent
with the agreement;
e. Instructions, including contact information for key personnel, for the applicator or party receiving
bulk residuals in the event that requirements specified in the utilization agreement are not met;
f. A copy of the utilization agreement shall be maintained at the land application sites when bulk
residuals are being applied.
5. Upon classification of the Class A residuals management program by the Water Pollution Control
System Operators Certification Commission (WPCSOCC), the Permittec shall designate a certified
land application/residuals operator to be in responsible charge (ORC) of the program. The operator
shall hold a certificate of the type classification assigned to the program by the WPCSOCC. The
Permittee shall also designate a certified back-up operator of the appropriate type to comply with the
conditions of 15A NCAC 8G .0201.
6. This permit shall become voidable and may be rescinded by the Division in the event of failure of the
facility and Class A residuals distribution program to adequately meet the conditions of this permit
and protect the assigned water quality standards of the surface waters and groundwater.
7. A copy of this permit or a signed copy of a utilization agreement shall be maintained in all manned
equipment at the land application sites when residuals are being land applied during the life of this
permit. A spill prevention and control plan shall be maintained in all residuals transport and
application vehicles.
8. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying bulk
residuals from the land application sites onto adjacent properties or into any surface waters. Such
provisions shall be described and implemented in the operation plan required in Condition II1.2, and
may prescribe the use of use of erosion control devices, or a list of acceptable or unacceptable
conditions for application.
9. An education program shallbe developed and implemented to inform employees and individuals
accepting the residuals of the proper use of residuals. Educational material shall be provided to all
individual accepting the residuals. The educational material may be included in the utilization
agreement required in Condition IIIA. All educational materials shall be made available to the
Division upon request.
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10. All residuals shall be adequately stored to prevent leachate runoff until treated. The finished product
may be placed on a concrete pad, placed under shelter or covered until such time as it is distributed to
the buyer. If an alternate storage site is to be used, approval must be obtained from the Division.
11. A label shall be affixed to the bag or other container in which residuals that are sold or given away for
application to the land, or an information sheet shall be provided to the person who receives the
residuals sold or given away in other containers for application to the land. The label or information
sheet shall contain the following information:
a. The name and address of the person who prepared the residuals that is sold or given away in a
bag or other container for application to the land.
b. A statement that application of the residuals to the land is prohibited except in accordance with
the instructions on the label or information sheet.
c. A statement which identifies that this material shall be prevented from entering any public or
private water supply source (including wells) and any stream, lake, or river.
d. A statement that the residuals shall be applied at agronomic rates and recommended rates for
intended uses.
12. The Permittee shall not distribute class A bulk residuals to any person or entity known to be applying
residuals contrary to the condition of the signed utilization agreement.
13. Bulk residuals shall not be applied to the land 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 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 the residuals land application event;
f. During a measurable precipitation event (i.e., >.01" per hour) or within 24 hours following a
rainfall event of 0.5 inches or greater in a 24-hour period. Any emergency residuals land
application measures shall first be approved in writing by the Division;
g. If the slope for land is greater than 10 percent when bulk liquid residuals are surface applied, and
if the slope of the land is greater then IS percent with bulk liquid residuals are injected or
incorporated;
h. If the pH is not maintained in the soil, residuals, and lime mixture, greater than 6.0, on land
application sites onto which residuals are applied. Residuals may be applied to the sites provided
that sufficient amounts of lime is also applied to achieve a final pH of the soil mixture of at least
6.0, or if an agronomist provides information indicating that the pH of the soil, residuals, and lime
mixture is suited for the specified crop type. Any approved variations to the acceptable soil pH
(6.0) for land application will be noted in the most recently certified Attachment B of this permit.
i. If the land does not have an established vegetative cover 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 other agronomist unless the
bulk residuals are incorporated within a 24-hour period following the residuals land application
event or injected;
j. If the vertical separation of the seasonal high water table and the depth of residuals application is
less than one foot;
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IV.
k. If the vertical separation of the depth to bedrock and the depth of residuals application is less than
one foot;
14. This permit shall become voidable unless 'the 'agreements between the Permittee and the acceptor of
the residuals are in full force and effect. These agreements shall be considered expired concurrent
with the expiration date of the permit and shall be renewed prior to the initial distribution event of
that permit cycle event to that acceptor.
15. For fields receiving bulk residuals, the Permittee shall request of the landowner or lessee/operator a
statement detailing the volume of nutrient sources (waste residuals, manufactured fertilizers, manures,
or other animal waste products) other than the residuals to be applied by the Permittee, that have been
applied to the land, and a copy of the most recent Nutrient Management Plan (NMP), if available.
For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization
Plan (WUP) or Certified Nutrient Management Plan (CNMP) shall° also be considered a
Nutrient Management Plan
The NMPs must be provided only for those operations where a NMP (also CMP, WUP, or CNMP) is
required by the US Department of Agriculture -- National Resources Conservation Service (MRCS) or
other State Agencies. The Permittee shall rely on the provided information to calculate appropriate
reductions in allowable nutrient loading rates. If the calculation shows that the agronomic rates
(including PAN) have already been met or exceeded on a field, no additional residuals shall be land
applied to that field.
16. Where the Penxnittee directly land applies bulk residuals to land, the Permittee shall supply the
landowner with documentation specifying that land application of the bulk residuals shall occur
consistent with this permit.
17. Where the Permittee distributes bulk residuals, the Permittee shall inform the receiver of the bulk
residuals of the Performance Standards and Operation and Maintenance Requirements specific to land
application of bulk residuals.
MONITORING AND REPORTING REQUIREMENTS
I. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses)
deemed necessary by the Division to ensure protection of the environment shall be established, and
an acceptable sampling and reporting schedule shall be followed.
2. Residuals generated by each residuals source -generating facility listed in the most -recently -certified
Attachment A of this permit shall be analyzed to demonstrate that they are non -hazardous under the
Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity
analysis as well as a Toxicity Characteristics Leaching Procedure (TCI.P) analysis shall be conducted
on residuals generated by each residuals source -generating facility listed in the most recently -
certified Attachment A of this permit. The analyses shall be performed at the frequency specified in
the most recently -certified Attachment A of this permit, and the results shall be maintained on file by
the Permittee for a minimum of five years. If residuals generated by a particular residuals source -
generating facility are distributed or land applied at a frequency less than that which is specified in
the most recently -certified Attachment A of this permit, the analyses shall be required for each
residuals distribution and land application event. Only residuals that are generated by the residuals
source -generating facilities that are identified as being exempt from this condition in the most
recently -certified Attachment A of this permit shall not be required to comply with this monitoring
requirement.
If residuals generated by a particular residuals source -generating facility are insufficient to require a
land application events during a required sampling period as specified in the most recently -certified
Attachment A of this permit (e.g. no land application occur during an entire year when annual
monitoring is required), no sampling data is required during the period of inactivity. The Permittee
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shall submit an annual report, as required in Condition W.9, even in the event that no land application
events occur during an entire year; the annual report shall include an explanation for missing
sampling data.
z r
The TCLP analysis shall include the following parameters (i.e., note the regulatory level in
milligrams per liter 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 (03)
Endrin (0.02)
Silver (5.0)
Chlordane (0.03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0,7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide) (0,008)
Toxaphem (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)
After the residuals have been monitored as specified above for two years at the frequency specified in
the most recently -certified Attachment A of this permit, the Permittee may submit a request to the
Division for a permit modification to request a reduction of this monitoring requirement. In no case,
however, shall the frequency of monitoring be less than once per permit cycle.
3. An analysis shall be conducted on class A residuals product generated for distribution listed in
Attachment A. The analysis shall be performed at the frequency specified in the most recently
certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for
a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the
following parameters:
Aluminum
Magnesium
pH
Ammonia -Nitrogen
Mercury
Plant Available Nitrogen (by calculation.)
Arsenic
Molybdenum
Selenium
Cadmium
Nickcl
Sodium
Calcium
Nitrate -Nitrite Nitrogen
% Total Solids
Copper
Phosphorus
TKN
Lead
Potassium
Zinc
Sodium Adsorption
Ratio (SAR)
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If residuals generated by a particular residuals source -generating facility are insufficient to require a
land application or distribution event during a required sampling period as specified in the most
recently -certified Attachment A of this permit, no sampling data is required during the period of
inactivity. The Permittee shall submit an,annual !report, as required in Condition IV. 9, even if no
land application or distribution events occur during an entire year. The annual report shall include an
explanation for missing sampling data.
4. Residuals generated for distribution as listed in Attachment A shall be monitored for compliance with
Condition U. 4. The monitoring shall be performed at the frequency specified in the most recently -
certified Attachment A of this permit, and data to verify pathogen and vector attraction reduction of
the residuals shall be maintained on file by the Permittee for a minimum of five years. The required
data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate
clear compliance with the Class A pathogen requirements and site restrictions in 15A NCAC 02T
.1106 (a) and (b), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall
be met. In addition, the Environmental Protection Agency (EPA) certification statements concerning
compliance with pathogen reduction requirements, vector attraction reduction requirements, and
management practices shall be completed at the frequency specified in the most. recently -certified
Attachment A of this permit by the proper authority or authorities, if more than one is involved (i.e.,
either the person who prepares the residuals, the person who derives the material, or the person who
applies the residuals). Only residuals that are generated by the residuals source -generating facilities
that are identified as being exempt from Condition U. 4. in the most recently -certified Attachment A
of this permit shall not be required to comply with this monitoring requirement.
5. Laboratory analyses of parameters as required by Condition IV. I., Condition IV. 2., Condition IV.
3., and Condition IV. 4., shall be performed/gathered on the residuals as they are to be distributed or
land applied.
6. Laboratory analyses of parameters as required by Condition IV. L, Condition IV, 2., Condition IV.
3., and Condition IV. 4. shall be in accordance with 15A NCAC 02B .0505.
7. Proper records shall be maintained by the Permittee tracking all bulk residuals land application
events. These records shall include, but are not necessarily limited to, the following information:
a. Source of residuals accepted for treatment in residuals facility;
b. Amount of residuals accepted for treatment in residuals facility;
c. Source and amount of each amendment material used for treatment in residuals facility
d. Date of distribution;
e. Name and address of recipient of residuals;
f. Volume of residuals distributed to each recipient;
g. Intended use of residuals.
S. All records required as part of this permit shall be retained a minimum of five years.
Three copies of an annual report shall be submitted on or before March I", The annual report shall
meet the requirements described in the Instructions For Residuals Application Annual Reporting
Forms. The most recent instructions for reporting and annual report forms are available on the Land
Application Unit website at http://h2o.enr.state.ne.us/lau/compliance.htud, or can be obtained by
contacting the Land Application Unit directly. The annual repast shall be submitted to the following
address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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V.
10. Noncompliance Notification
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number 910-
796-7215, 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 distribution program which results in the land application of significant
amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the distribution program resulting in a release of 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 residual treatment.
e. Any spillage or discharge from a vehicle or piping system during transportation of residuals.
For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent
failure of a storage structure, etc.) outside normal business hours must be reported to the Division's
Emergency Response personnel at telephone number [phone], [phone], or (919) 733-
3300. 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.
1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation
of the subject facilities.
2. Prior to each bulk residuals land application event, the Permittee or his designee shall inspect the
residuals storage, transport, and application facilities to prevent malfunctions and deterioration,
operator errors, and discharges that may cause or lead 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 Permittee. 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.
3. 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 land application
sites or facilities 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.
V. GENERAL CONDITIONS
1. This permit shall become voidable unless the activities of the class A residuals management program
are carried out in accordance with the conditions of this permit, the supporting materials, and in the
manner approved by the Division.
2. This permit shall be effective only with respect to the nature and volume of residuals described in the
application and other supporting data.
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3. 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 Statutes § 143-
215.6A through § 143-215.6C.
4. The annual administering and compliance fee shall be paid by the Permittee within 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 2T .0105 (e).
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 government agencies (local, state,
and federal) that have jurisdiction. 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 NCG010000, and any requirements pertaining to
wetlands under 15A NCAC 02B .0200 and 02H .0500.
6. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and
monitoring requirements the Division deems necessary in order to protect the environment and public
health adequately.
7. This permit shall not be automatically transferable. In the event that there is a desire for the class A
residuals management program to change ownership or to change the name of the Permittee, a formal
permit request shall be submitted to the Division documentation from the parties involved and other
supporting materials as may be appropriate. The approval of this request shall be considered on its
merits and may or may not be approved.
Permit issued this the 23d day of February, 2009.
NORTH CAROLNA ENVIRONMENTAL MANAGEMENT COMMISSION
Director
Division ff Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0004500
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ATTACHMENT A - Approved Residual Sources
Permit Number: WQ0004500 Version: 3.1
Archer Daniels Midland Company
Certification Date: 02/23/2009
Monitoring
Maximum
Monitoring
Frequency for
Dry Tons
Frequency for
Condition IV. 3. and
Approved
Owner
Product Names
County
Permit Number
Issued B
Is 503?
Per Year
Condition 1V. 2. a
Condition 1V. 4. a
Mineralization Rate
Archer Daniels
Midland
NitroGro I
Brunswick
NC0027065
DWQ
non 503
0.00
Not Required
Not Required
0.40
Company
Archer Daniels
NitroGro 11'
Midland
NitroGroIVe
Brunswick
NC0027065
DWQ
non 503
49,058.00
Annually
Monthly
0.40
Com any
NitroGroV
Archer Daniels
Midland
NitroGro Illd
Brunswick
NC0027065
DWQ
non 503
16,446.00
Annually
Every 60 Days
0.40
Company
Total
65,504.00
_
a - Only residuals derived from the treatment of industrial wastewater shall be approved for distribution/land application in accordance with this permit. It is the'Division's
understanding that domestic wastewater generated from the Permittee's Southport, NC Manufacturing Facility and is managed separately from industrial wastewater (i.e.,
treated in a different facility and discharged to a different outfall). Under no circumstance shall domestic wastewater be introduced to this wastewater treatment plant. A
modification to this permit shall be requested to and approved by the Division if there is a desire to combine the domestic and industrial wastewater sources.
b - This product is generated from the aerobic digestion of industrial wastewater.
c - This product is generated from the aerobic digestion of industrial wastewater. If mixed with Carbon Mud (CM), sampling frequencies of NitroGro 11 apply far the mixture.
d - This product is a biomass that results from the controlled fermentation of sugar to citric acid.
e - This product is a biomass that is similar to NitroGro 1I1, except that sand and grit with a diatomaceous filter aid that were used to facilitate filtration has been added.
f - This product is a blend of the NitroGro 11 and NitroGro IV at a ratio not to exceed 2 parts NGII and I part NG IV.
g - Each NitroGro product shall be tested for compliance with Condition 1I. 4. prior to each residuals distribution/land application event for the first calendar year following this
permit's issuance. A residuals distribution/land application event shall be defined as the time period during which residuals are removed from storage such that the volume
has been reduced to a level that is satisfactory to meet the residuals management needs of the Permittee. One set of samples shall be sufficient for each event as long as no
additional residuals are added to storage during the event. Any time that additional residuals are added to storage during an event, another set of samples shall be taken so
that compliance with Conditions 11.4. may be verified before the event continues. If the samples from each event taken from the first calendar year comply with the limits
set forth in Conditions 11.4, then the monitoring frequency may be reduced to the frequency listed in the table above. Note, however, if the wastewater treatment plant is
reseeded from another wastewater treatment plant that treats domestic wastewater for any reason (e.g., upset of the biological process, etc.), the Permittee shall test prior to
each event for another calendar year, and the monitoring frequency may be reduced only as described above.
h - Approved mineralization rate for the CN/NGII test site mixture will vary with the ratio of products used. NGII has an approved mineralization rate of .40, and the CM will
have a mineralization rate of 0.00. The resulting mineralization rate for the mixture will be determined through calculation and reported as part of the annual report.
WQ0004500 Version 3.1 ATACHMENT A Page I of t

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