HomeMy WebLinkAboutWQ0000884_Final Permit_20061128MICHAEL D. BLISS, VP OF OPERATIONS
BUTTERBALL,LLC.
PO BOX 589
MT. OLIVE, NC 28365
Dear Mr. Bliss:
Michael F. Easley, Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
November 28, 2006
Subject:
Alan W. Klimek, P.E. Director
Division of Water Quality
Permit No. WQ0000884
Butterball, LLC.
Wastewater Spray Irrigation
Duplin County
In accordance with your permit name/ownership change request received on October 30, 2006, we are
forwarding herewith Permit No. WQ0000884, dated November 28, 2006, to Butterball, LLC. for the continued
operation of the subject wastewater treatment and spray irrigation facilities. This modified permit is issued to
change the name of the owner of record from Carolina Turkeys to Butterball, LLC.
This permit shall be effective from the date of issuance until February 28, 2008, shall void Permit No.
WQ0000884 issued March 11, 2005, 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.
If you need additional information concerning this matter, please contact Chonticha McDaniel at (919)
715-6188 or by e-mail at chonticha.medaniel@ncmail.net.
Sincerely,
,r
for
Alan W. Klimek, P.E.
cc: Duplin County Health Department
Wilmington Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
LAU Files
Noor`thCarolina
11vlltu'rally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service
Internet: http://h2o,enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748
Fax (919)715-6048
An Equal OpportunitylAflinnative Action Employer— 50% Recycledtl0% Post Consumer Paper
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 GRAN'T'ED TO
Butterball, LLC.
Duplin County
FOR THE
continued operation of a 2,000,000 GPD wastewater treatment facility consisting of a 100,000 GPD (on an
average monthly basis) domestic wastewater pretreatment facility with a bar screen, a 10,400 gallon aerated
equalization tank, a 36,400 gallon aeration tank with dual blowers, a 10,700 gallon clarifier, and chlorine contact
chamber; a polymer feed station (mixing tank and mixing pump), a stormwater capture system, consisting of a
350,000 gallon stormwater pond and a 245,000 gallon stormwater pond; and an industrial wastewater treatment
plant consisting of a 41 MG holding lagoon with three (3) 20 HP surface aerators, a 13 MG aerated lagoon with
five (5) 60 HP high speed surface aerators and two (2) air induction units, a 1 MG flow equalization tank with
mixing equipment, two (2) dissolved air floatation units operated in parallel, a sludge pump station, a sludge
storage tank, a sludge decant observation tank, chlorine disinfection facilities; and a domestic and industrial
wastewater disposal system consisting of approximately 483 acres of spray irrigation disposal area and all
necessary irrigation equipment to serve Butterball, LLC., with no discharge of wastes to the surface waters,
pursuant to your modification request received on October 30, 2006, and in conformity with the project pian,
specifications, and other supporting data subsequently filed and approved by the Department of Enviroament and
Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until February 28, 2008, shall void Permit No.
WQ0000884 issued March 11, 2005, and shall be subject to the following specified conditions and limitations:
1. PERFORMANCE STANDARDS
1. Within three years of issuance of the March 11, 2005 permit, the Permittee shall submit a permit
modification request to the Division to address the application Plant Available Nitrogen (PAN) to the
irrigation fields. The proposal shall be designed so that PAN will be applied at agronomic rates in
accordance with Division policy. Agronomic rates shall be determined by actual yields (see Section
111, Monitoring and Record Keeping Requirements) as documented by records provided by the
permittee, as well as appropriate PAN application rates for the crop specified. Agronomic rates shall
also be dependent upon appropriate application windows for each specified crop and any operational
recommendations supplied by an agronomist.
The submitted request shall include a proposed schedule that begins with permit modification
approval for any construction/modifications necessary. The Permittee shall comply with agronomic
rates within one year of issuance of a modified permit that establishes agronomic rates.
2. The Permittee shall utilize all irrigation fields available to them as evenly as possible while adhering
to approved hydraulic rates established in Condition II. 7.
3. The Permittee shall not modify the crops on any fields without Division approval while undergoing
yield determinations as necessary to meet Condition I. 1.
4. 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 perform 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.
5. 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.
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.
7. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
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.
H. OPERATION AND MAINTENANCE RE UIREMENTS
The facilities shall be properly maintained and operated at all times.
Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to
be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit
the facilities in accordance with 15A NCAC 8G .0204 or as specified in this permit and shall comply
with all other conditions specified in these rules.
3. A suitable vegetative cover as specified in Condition II.7 shall be maintained on all irrigation fields.
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 the following cumulative loadings over any twelve (12) month
period at an instantaneous application rate not to cause runoff:
Site/Field ID
Area (Acres)
Cumulative Annual Loading Rate (in/year)
1Aa
26.75
50.00
1B
74.59
50.00
Ica
11.48
50.00
2A3
18.61
50.00
213a
10.94
86.80
2C3
9.16
50.00
03a
15.66
137.20
05a
18.03
68.80
07a
9.57
70.70
07Aa
6.12
Minimum
08A
30.38
111.30
08Ba
34.84
72.20
08Ca
10.75
86.80
09Aa
30.38
77.10
9B -Alb
4.25
21.76
09B-A2b
3.85
11.50
09B -B Ib
1.75
38.80
09B -B2'
11.01
11.50
09Ca
21.48
25.00
1 OAa
15.19
79.90
1013'
31.42
30.00
10Ca
19.80
35.00
11a
26.13
32.36
123
17.78
6.42
133
23.26
31.42
aA cover crop of coastal Bermuda grass overseeded with small grain or fescue grass shall be
maintained in this field.
b cover crop of suitable tree species (such as green ash and bald cypress) shall be maintained in this
field.
`Application rates in this field shall not exceed the minimum amount necessary for crop maintenance.
8. The cumulative annual loading rates being approved in Condition 11.7 are based on the hydraulic
capacities of the soils as demonstrated in the soil scientist evaluation and hydrogeologicai reports.
However, these rates do not reflect the nutrient loadings required for crop growth. Waste application
shall be conducted such that there is no exceedance of groundwater standards at the appropriate
compliance boundary, as specified in Condition IVA.a.
9. Upon establishment of agronomic rates in a permit modification as stipulated in Condition 1.1, the
Permittee shall adhere to the approved agronomic rates and the hydraulic rates for each field.
10. No type of wastewater other than that from Carolina Turkeys, wash water from. the ProRecycle truck
washing facility in Wayne County as approved by the Division, or any other wastewater approved in
writing by the Division shall be sprayed onto the irrigation area.
11. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
12. 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.
13. Freeboard in the lagoons shall not be less than two feet at any time.
14. A waste -level gauge shall be maintained to monitor waste levels in the 41 MG holding lagoon. This
gauge shall have readily visible permanent markings indicating the maximum liquid level at the top of
the temporary liquid storage volume, and top of the dam elevations.
15. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control areas,
and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow
on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or
otherwise controlled and accessible.
LII. MONITORING AND REPORTING REQUIREMENTS
1. 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. continuous weekly, monthly, and year-to-date PAN (pounds/acre) loadings for each field and
crop,
g. nitrogen balance for each field and crop after an application event,
h. any ponding or runoff of wastewater from the irrigation fields,
i. maintenance of cover crops,
j. maintenance performed on the wastewater treatment and irrigation facilities, and
k. wastewater and surface water sample collection activities.
4.
5
Influent flow shall be continuously monitored and daily flow values shall be reported on Form
NDMR, Three separate flows shall be monitored and recorded separately as noted below.
The Permittee shall install a flow measurement device at the following points: Inflow of industrial
waste out of the equalization tank into the dissolved air floatation units; combined effluent from the
sanitary package treatment plant and east stormwater pond into the 15 MG aerated treatment pond;
and effluent from the west stormwater pond into the 15MG aerated treatment lagoon. For any non -
continuous flows, the flow measurement devices may be totalizers. The flow measurement devices
shall be installed consistent with approved engineering and scientific practices to ensure the accuracy
and reliability of influent flow measurement. Flow measurement devices selected shall be capable of
measuring flows with a maximum deviation of less than 10 percent from true flow, accurately
calibrated at a minimum of once per year, and maintained to ensure that the accuracy of the
measurements is consistent with the accepted capability of that type of device. Records of flow
measurement device calibration shall be kept on file by the Permittee for a period of at least three
years. At a minimum, data to be included in this documentation shall be:
a. Date of flow measurement device calibration
b. Name of person performing calibration
c. Percent from true flow
The effluent from the subject facilities shall be monitored by the Permittee at the point prior to
irrigation twice per month for the following parameters;
BODS
Fecal Coliform
NH3 as N
NO3-NO2 as N
Total Organic Carbon
Magnesium
Sodium Adsorption Ratio by Calculation
TSS
pH
Total Kjeldahl Nitrogen
Oil and Grease
Sodium
Calcium
PAN by calculation
Samples shall be collected monthly from the surface waters at the five locations (U1, U2, D3, D4, and
U5) as marked on Figure 1 and analyzed by a certified laboratory for the following parameters:
Total Organic Carbon
Nitrates
NH3
Total Kjeldahl Nitrogen
Fecal Coliform
pH
During the course of the PAN study specified in Condition I.1, the Permittee shall maintain records of
all cutting and harvesting events on the irrigation. fields. These shall include the date of cutting or
harvesting, how many acres are harvested, and the amount of hay harvested. Carolina Turkeys shall
follow an agronomists recommendations regarding the proper method of determining actual hay
yields with consideration for the amount of weeds, weighing hay, and the moisture content at the time
of weighing.
7. The Permittee shall submit quarterly reports to the Division on information gathered in accordance
with Condition III. 6. These reports shall be submitted to the Division of Water Quality, Aquifer
Protection Section, Land Application Unit, 1636 Mail Service Center, Raleigh, NC 27699-1636 and
the Wilmington Regional Office, Aquifer Protection Section, 127 Cardinal Drive Extension,
Wilmington, NC 28405 by April 30, July 31, October 31 and January 31 of each year for the previous
quarter.
8. The Permittee shall adhere to the agronomist's recommendations for a proper crop maintenance
program as well as a proper weed control program.
9. The Permittee shall keep records of all supplemental fertilizer utilized on any irrigation field. The
nitrogen applied shall be accounted for in PAN calculations required by Condition 111. 2f
10. Three (3) copies of operation and disposal records (as specified in condition III 2) on Form NDAR-1
(hydraulic information) or other Division approved form, and Form IRR -2 (nutrient information) or
other Division approved, form, three (3) copies of all effluent monitoring data (as specified in
condition III 3 and 1114) on Form NDMR-1 or other Division approved form, and three (3) copies of
surface water monitoring data (as specified in condition 1115) shall be submitted on or before the last
day of the following month. All information shall be submitted to the following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
11. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted on each
spray field and the results maintained on file by the Permittee for a minimum of five years. The
Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following
parameters:
Acidity Manganese Potassium
Calcium. Percent Humic Matter Sodium
Copper pH Zinc
Magnesium Exchangeable Sodium Percentage Phosphorus
Cation Exchange Capacity Base Saturation (by calculation)
12. 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 at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal 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 render 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.
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.
N. GROUNDWATER REQUIREMENTS
1. Sampling Criteria:
a. Monitor well(s) MW -21, MW -22, MW -23, MW -24, MW -25, MW -26, MW -27, MW -28, MW -29
and MW -30 shall be sampled initially after construction and thereafter every January, May, and
September for the parameters listed below. Prior to sampling the parameters, the measurement of
water levels must be taken. The depth to water in each well shall be measured from the surveyed
point on the top of the casing. The measuring points (top of well casing) of all monitoring wells
shall be surveyed relative to a common datum.
Nitrate Nitrogen (NO3-N) Total Dissolved Solids
Total Organic Carbon pH
Water Level Chloride
Fecal Coliform Total Phosphorous
Total Ammonia Nitrogen (NH3-N)
b. For Total Organic Carbon (TOC), if concentrations greater than 10 mg/l are detected in any
down -gradient monitoring well, additional sampling and analysis must be conducted to identify
the individual constituents comprising this TOC concentration. If the TOC concentration as
measured in the background monitor well exceeds 10 mg/l, this concentration will be taken to
represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring
TOC concentration in the down -gradient wells shall be subject to the additional sampling and
analysis as described above.
c. Any laboratory selected to analyze parameters must be Division of Water Quality (DWQ)
certified for those parameters required.
2. Reporting / Documentation:
a. All reports and documentation (GW -1, GW -30, GW -59) shall be mailed to the following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Updated blank forms (GW -1, GW -30, GW -59) may be downloaded from the Aquifer Protection
Section's website at http-//gw.ehnr.state.nc.us/ or requested from the address mentioned above.
b. The results of the sampling and analysis must be received on Form GW -59 (Groundwater Quality
Monitoring: Compliance Report Form) by the Aquifer Protection Section (address listed in the
"Reporting / Documentation" section of the Groundwater Requirements), on or before the last
working day of the month following the sampling month. The data of all groundwater sampling
analyses required by the permit conditions must be reported using the most recent GW -59 form
along with attached copies of the laboratory analyses.
3. Applicable Boundaries:
a. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A
NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary for the
disposal system individually permitted on or after December 30, 1983 is established at either 25C
feet from the waste disposal area, or 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 remediation action according to 15A NCAC 2L.01 06(d)(2).
b. The 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 action in accordance with 15A NCAC 2L .0106(d)(1).
4. Additional Requirements:
a. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
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 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 to the Division or other permitting authority.
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
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.
This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
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.
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) which have jurisdiction, including but not limited to applicable river buffer rules in 15A
NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under
the Division's General Permit NCGOlOOOO, and any requirements pertaining to wetlands under 15A
NCAC 2B .0200 and 2H .0500.
A set of approved plans and specifications for the subject project must be retained by the Permittee
for the life 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 thisAe 28th day of November, 2006
NORTH C LINA ENVW AL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0000884
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