HomeMy WebLinkAboutWQ0004967_Final Permit_19981023State of North Carolina
Department of Environment 1kT:.X;WA
and Natural Resources 4
Division of Water Quality
James B. Hunt, Jr., Governor r
Wayne McDevitt, Secretary D E N R
A. Preston Howard, Jr., P.E., Director
October 23, 1998
Mr. Ronald T. Kahrer, President
Nature's Choice of North Carolina, Inc.
Route 6, Box 87B, Sugarloaf Road
Hendersonville, North Carolina 28792
Subject: Permit No. WQ0004967
Nature's Choice of North Carolina
Wastewater Spray Irrigation
Henderson County
Dear Mr. Kahrer:
In accordance with your application received July 10, 1998, we are forwarding herewith Permit
No. WQ0004967 dated October 23, 1998, to Nature's Choice of North Carolina for the operation of the
subject wastewater treatment and spray irrigation facilities.
Please be advised the Division is issuing this permit with the understanding that prior to the
processing of whole apples, a permit amendment shall be submitted to the Division for review. The
amendment request shall include appropriate plans, specifications and documentation for the
modifications to the existing lagoon and spray irrigation facilities. This request shall include plans for
the installation of a lagoon liner, an evaluation of the clarifier, solids handling equipment, a residuals
management. plan, and other modifications as deemed necessary by the Division to meet minimum state
waste treatment standards, for the processing of whole apples, or other whole commodities.
This permit shall be effective from the date of issuance until September 30, 2003, shall void
Permit No. WQ0004967 issued August 7, 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.
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, P.O. Drawer
27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5053 FAX (919) 733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
If you need additional information concerning this matter, pleas contact Mr. Kim Colson at
(919) 733-5083 extension 540.
Sincerel ,
A. Preston Howard, Jr., P.E.
cc: Henderson County Health Department
Asheville Regional Office, Fater Quality Section
Asheville Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SPRAY IRRIGATION SYSTEM 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
Nature's Choice of North Carolina, Inc.
Henderson County
FOR THE
operation of a 20,000 GPD spray irrigation treatment and disposal facility consisting of 0.5 million
gallon aerated lagoon with one 30 hp floating mechanical aerator, a clarifier, a sludge holding tank, two
450 GPM pumps, and spray irrigation facilities to apply wastewater generated from the processing of
apple juice (from concentrate only) to approximately 7.05 acres of land spray fields, to serve Nature's
Choice of North Carolina, Inc_, with no discharge of wastes to the surface waters, pursuant to the
application received July 10, 1998, 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 September 30, 2003, shall void
Permit No. WQ0004967 issued August 7, 1996, and shall be subject to the following specified
conditions and limitations:
I. PERFORMANCE STANDARDS
1. The spray irrigation facilities shall be effectively maintained and operated at all times so
that there is no discharge to the surface waters, nor any contamination of ground waters
which will render them unsatisfactory for normal use. In the event that the facilities fail
to perforin satisfactorily, including the creation of nuisance conditions or failure of the
irrigation area to adequately assimilate the wastewater, the Permittee shall take immediate
corrective actions including those actions that may be required by the Division of Water
Quality (Division), such as the construction of additional or replacement wastewater
treatment and disposal facilities.
2. In the event that the irrigation system ceases to function due to mechanical or any other
problems, or in the event that unsuitable weather conditions prevent the operation of the
spray irrigation system, when the lagoon capacity requires spraying Nature's choice of
North Carolina, Inc. shall discontinue plant operation until the system can be restored to
proper operation_
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 facility.
4. The residuals generated from these treatment facilities must be disposed in accordance
with General Statute 143-215.1 and in a manner approved by the Division.
5. Diversion or bypassing of the untreated wastewater from the treatment facilities is
prohibited.
6. The following buffers shall be maintained:
a) 400 feet between wetted area and any residence or places of public assembly under
separate ownership,
b) 150 feet between wetted area and property lines,
c) 100 feet between wetted area and wells,
d) 100 feet between wetted area and drainageways or surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 100 feet between wastewater treatment units and wells, and
g) 50 feet between wastewater treatment units and property lines.
Some of the buffers specified above may not have been included in previous permits for
this waste treatment and disposal system. These buffers are not intended to prohibit or
prevent modifications, which are required by the Division, to improve performance of the
existing treatment facility. These buffers do, however, apply to modifications of the
treatment and disposal facilities which are for the purpose of increasing the flow that is
tributary to the facility. These buffers do apply to any expansion or modification of the
spray irrigation areas and apply in instances in which the sale of property would cause
any of the buffers now complied with, for the treatment and disposal facilities, to be
violated. The applicant is advised that any modifications to the existing facilities will
require a permit modification.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
3. Upon classification of the facility by the Water Pollution Control System Operators
Certification Commission (WPCSOCC), the Permittee shall employ a certified
wastewater treatment plant operator to be in responsible charge (ORC) of the wastewater
treatment facilities. The operator must hold a certificate of the type and grade at least
equivalent to or greater than the classification assigned to the wastewater treatment
facilities by the WPCSOCC. The Permittee must also employ a certified back-up
operator of the appropriate type and grade to comply with the conditions of 15A NCAC
8A .0202. The ORC of the facility must visit each Class I facility at least weekly and
each Class II, III, and IV facility at least daily, excluding weekends and holidays, and
must properly manage and document daily operation and maintenance of the facility and
must comply with all other conditions of 15A NCAC 8A.0202
3. A suitable vegetative cover over appropriate facility areas shall be maintained.
4. Irrigation shall not be performed during inclement weather or when the ground is in a
condition that will cause runoff.
5. Adequate measures shall be taken to prevent wastewater runoff from the spray field.
6. The facilities shall be effectively maintained and operated as a non -discharge system to
prevent the discharge of any wastewater resulting from the operation of this facility.
7. The application rate shall not exceed a cumulative loading of 52 inches over any twelve
(12) month period at an instantaneous application rate that shall not cause ponding or
wastewater runoff.
8. No type of wastewater other than that from Nature's Choice of North Carolina, Inc. shall
be sprayed onto the irrigation area.
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9_ The only waste which may be stored in the lagoon shall be comprised of non -contact
cooling water, washdown water and bleach water (2 gallons of bleach per 1,500 gallons
plus of water) used for the rinsing of juice tanks.
10. No traffic or equipment shall be allowed on the disposal area except while installation
occurs or while normal maintenance is being performed.
1 I . Public access to the land application sites shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each
site.
12. Freeboard in the lagoon shall not be less than two feet at any time.
111. MONITORING AND REPORTING REQUIREMENTS
Any monitoring (including groundwater, surface water, soil or plant tissue analyses)
deemed necessary by the Division to insure surface and ground water protection will be
established and an acceptable sampling reporting schedule shall be followed.
2. Adequate records shall be maintained by the Permittee tracking the amount of wastewater
disposed. These records shall include, but are not necessarily limited to, the following
information:
a. date of irrigation,
b. volume of wastewater irrigated,
c. field irrigated,
d. length of time field is irrigated,
e. continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for
each field,
f. weather conditions, and
g. maintenance of cover crops.
The effluent from the subject facilities shall be monitored by the Permittee at the point
prior to irrigation every March, July, and November for the following parameters:
BODS TSS
TDS pH '
NH3 as N Chlorides
4. Three (3) copies of all operation and disposal records (as specified in condition III 2) on
Form NDAR-1 shall be submitted on or before the last day of the following month.
Three (3) copies of all effluent monitoring data (as specified in condition III 3) on Form
NDMR-1 shall be submitted on or before the last day of April, August, and December.
All information shall be submitted to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
5. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone
number 8281 251-6208 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 at the wastewater treatment facility which results in the treatment of
significant amounts of wastes which are abnormai in quantity or characteristic, such
as the dumping of the contents of a sludge digester, the known passage of a slug of
hazardous substance through the facility, or any other unusual circumstances;
b. Any process unit failure, due to known or unknown reasons, that renders the facility
incapable of adequate wastewater treatment, such as mechanical or electrical failures
of pumps, aerators, compressors, etc.;
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-
pass directly to receiving waters without treatment of all or any portion of the influent
to such station or facility; or
d. Any time that self-monitoring information indicates that the facility has gone out of
compliance with its permit limitations_
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
1_ Existing monitor wells MW -1, MW -2, and MW -3 shall be sampled every March, July,
and November for the following parameters:
Water Level pH
Fecal Coliforms Dissolved Iron
Nitrate (NO3)
The measurement of water levels must be made prior to sampling for the remaining
parameters. The depth to water in each well shall be measured from the surveyed point
on the top of the casing.
The results of the sampling and analysis must be received on Form .GW -59
(Groundwater Quality Monitoring: Compliance Report Form) by the Groundwater
Section, Permits and Compliance Unit, P.O. Box 29578 Raleigh, N.C. 27626.4578 on
or before the last working day of the mouth following the sampling month.
2. Any additional groundwater quality monitoring, as deemed necessary by the Division,
shall be provided.
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3. 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 immediate remediation
action in addition to the penalty provisions applicable under General Statute 143-
215.6A(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.
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment 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 beep 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 to the Division or other permitting authority.
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 disposal 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 maintained
under the terms and conditions of this permit, and may obtain .samples of groundwater,
surface water, or leachate.
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans and specifications, and other supporting
data.
2. This permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data.
3. This permit is not transferable. In the event there is a desire for the facilities to change
ownership, or there is 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. 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.
5. 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.
6. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the Iife of the project.
7. 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 15A NCAC 2H .0205
(c)(4).
8. 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.
Permit issued this the rd day of October, 1998
NORTH OLIN ENV O TAL MANAGEMENT COMMISSION
-/—A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0004967
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