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HomeMy WebLinkAboutWQ0001953_Final Permit_20121120.w.w�rw�i�w�■ NCDENR North Carolina Department of Environment and Division of Water Quality Beverly Eaves Perdue Charles Wakild, P. E. Governor Director November 20, 2012 R. Cameron McHargue — Town Manager Town of Spindale Post Office Box 186 Spindale, North Carolina 28160 Dear Mr. McHargue: Natural Resources Dee Freeman Secretary Subject: Permit No. WQ0001953 Town of Spindale Town of Spindale Residuals Land Application Program Non - Dedicated Land Application of Residual Solids (503) Rutherford County In accordance with your request for minor permit modification and renewal received September 11, 2012 and subsequent additional information received September 28, 2012 and October 31, 2012, we are forwarding herewith Permit No. WQ0001953, Version 3.0, dated November 20, 2012 to the Town of Spindale for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on March X, 2013 (i.e. the effective expiration date of the existing permit), which may differ from the issuance date of this letter. Modifications to the subject permit are as follows: The quantity of residuals applied by the program has been lowered from 600 dry tons per year to 200 dry tons per year. The application area has been decreased from 14 sites totaling 199.20 applicable acres to 6 sites totaling 75.30 acres. This permit shall be effective from March 1, 2013 until February 28, 2018, shall void Permit No. WQ0001953 issued March 31, 2004, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements, which are listed in Attachment A for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions are new or have been significantly changed since the last permit issuance: ➢ Condition 11-1. — Prohibits land application activities under certain circumstances ➢ Condition 11.3. — References Attachment A as the list of approved sources AQUIFER PROTECTION SE=CTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 One Phone: 919-807-64641 FAX: 919-807-6496 North Caro l ina Internet: htfp:llportal.ncdenr.cr9i�.veb,,wQiaps 'A I _ P, . t!_ An equal Opportunity : At, ma6%^ Action Employer Mr. R. Cameron McHargue November 20, 2012 Page 2 of 3 ➢ Condition 11.4. — References Attachment B as the list of approved application sites ➢ Condition IL 10. — Requires the use of Realistic Yield Expectations in the calculation of Plant Available Nitrogen uptake for determining appropriate bulk application rates ➢ Condition II. 11. — Addresses the reduction of the hay crop realistic nitrogen rate ➢ Condition 111.2. — Addresses the notification requirements when applying on new sites ➢ Condition IH.6. — Addresses documentation required on-site during bulk application events ➢ Condition 111.7. — Addresses spill control provisions during bulk residual transport ➢ Condition IIL9. — Addresses the issues of possible wind erosion and surface runoff ➢ Condition 111.10. — Requires the maintenance of a vegetative cover ➢ Condition III. 11. — Lists conditions under which bulk residuals cannot be applied ➢ Condition 111.12. - Addresses public access restrictions ➢ Condition 111.13. — Addresses public access control measures ➢ Condition 111.15. — Addresses the documentation and consideration of other nutrient sources ➢ Condition 1V.7. — Addresses the detailed recording of residual land application events ➢ Condition IV.8. — Requires the submission of an Annual Report which includes analyses ➢ Condition N.9. — Addresses the notification requirements of Non-compliance events ➢ Condition V.1. — Requires adequate inspection and maintenance of the facility ➢ Condition VIA. — The permit does not exempt the Permittee from compliance with other rules and regulations Please note that on September 1, 2006, North Carolina Administrative Code Title 15A Subchapter 02T — Waste not Discharged to Surface Waters was adopted. Accordingly, this permit incorporates the requirements of these rules, therefore, please take the time to review this permit thoroughly. In accordance with these rules, the following conditions have been added, modified or deleted from those in the last permit issuance: ➢ Condition I.3. — Requires the submission of an Operation and Maintenance Plan ➢ Condition 11.5. — Specifies Ceiling Concentrations and Cumulative Pollution Loading Rates Condition 11.6. — Specifies Class B pathogen reduction requirements ➢ Condition 11.7. --- Requires the application of a vector attraction reduction alternative Mr. R. Cameron McHargue November 20, 2012 Page 2 of 3 ➢ Condition I1l_4. — Requires the maintenance of an Operation and Maintenance Plan ➢ Condition VI.6. -- Requires permit coverage until the facilities are properly closed ➢ Condition VI.7. — Allows the permit to be revoked or unilaterally modified ➢ Condition VI.8. — Prohibits expansion of the program under certain conditions If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall 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 at 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 David Goodrich at (919) 807-6352 or at David.Goodrich@ncdenr.gov. Sincerely, l —V� Aor les Wakild, P. E. cc: Rutherford County Health Department Asheville Regional Office, Aquifer Protection Section Zach Key, Southern Soil Builders, Inc., 958 Hoots Road, Roaring River, NC 28669 Beth Buffington, Aquifer Protection Section Permit File WQ0001953 Notebook File WQ0001953 p, :F • o., u - w..+i:Fe�5.�7..:e e.�"- '�aiG'..::: ,F:.�i:.;�YiCif �,r ..�a � _ NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF CLASS B RESIDUAL SOLIDS PERMIT FOR NON -DEDICATED SITES 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 Town of Spindaie Rutherford County FOR THE continued operation of a residuals management program for the Town of Spindale and consisting of the land application of Class B wastewater treatment residuals generated by the approved facilities listed in Attachment A to the approved sites listed in Attachment B with no discharge of wastes to surface waters, pursuant to the application received September 11, 2012, subsequent additional information received by the Division of Water Quality, and in conformity with other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The use and disposal of residuals are regulated under Title 40 Code of Federal Regulations Part 503. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from March 1, 2013 until February 28, 2018, shall void Permit No. WQ0001953 issued March 31, 2004, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. 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 Rule 15A NCAC 02T .0105(d) requires an updated site neap to be submitted with the permit renewal application. 2. The Permittee shall be in full compliance with the regional office notification requirements established in Condition 111.3. within 90 days of the effective date of this permit. 3. The Permittee shall submit the Operation and Maintenance (O&M) plan as required in Condition 111.4. to the Division within 90 days of the effective date of this permit. 4. The Permittee shall be in full compliance with the signage requirements established in Condition 111. 16. within 180 days of the effective date of this permit. W00001953 Version 3.0 Shell Version 120726_.�L�„-,;;,.� .,. Page 1 of 12 H. PERFORMANCE STANDARDS 1. The subject residuals management program shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease land applying residuals to the site, contact the Asheville regional office's Aquifer Protection Section supervisor, and take any immediate corrective actions. 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this residuals management program. 3. Only residuals generated by the facilities listed in Attachment A are approved for land application in accordance with this permit. 4. Only the sites listed in Attachment B are approved for residuals land application. 5. 2TPollutant concentrations in residuals applied to land application sites listed in Attachment B shall not exceed the following Ceiling Concentrations (i.e., dry weight basis) or Cumulative Pollutant Loading Rates (CPLRs): Parameter Ceiling Concentration (milligrams per kilogram) CPLR (pounds per acre) Arsenic 75 36 Cadmium 85 34 Copper 4,300 1,338 Lead 840 267 Mercury 57 15 Molybdenum 75 n/a Nickel 420 374 Selenium 100 89 Zinc 7,500 2,498 The Permittee shall determine compliance with the CPLRs using one of the following methods: a. By calculating the existing cumulative level of pollutants using actual analytical data from all historical land application events of residuals, or b. For Iand where residuals application have not occurred or for which the required data is incomplete, by determining background concentrations through representative soil sampling. . 6. Residuals that are land applied shall meet Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c). Exceptions to this requirement shall be specified in Attachment A. 7. Biological residuals (i.e. residuals generated during the treatment of domestic or animal processing wastewater, or the biological treatment of industrial wastewater, and as identified in Attachment A) that are land applied shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a). Exceptions to this requirement shall be specified in Attachment A. 8. Setbacks for land application sites shall be as follows: .,._�1953 Version 3.0 Shell Version 126_ Paae 2 of 12 �.� *Each of these setback distance requirements may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Aquifer Protection Section of the appropriate Division's Regional Office in Attachment B of this permit. 9. Land application areas shall be clearly marked on each site prior to and during any residuals application event. 10. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of agronomic .rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science (http://www.soil.nesu.edu/programs/nmp// ieY ldsn. A copy shall be kept on file and reprinted every five years in accordance with Condition IV. 11. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application 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 the Senate Bill 1217 Interagency Group - Guidance Document: Chapter 1(http://www.enr.state.ne.us/DSWC/pages/guidance docs.html). iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Vi00001953 Version 3.0 _� �, .-_ .Shell Version 120726 - w ,,,�Page 3 _of.12 _ _ Setback by application type (feet) Setback Description Vehicular Irrigation Injection / Surface Surface corporation Application Application Habitable residence or place of public assembly under separate ownership or not to be maintained as 400* 400* 200* art of the pnoject site Property lines 50 50 50 Public right of way 50 50 50 Private or public water supply source, waters classified as SA or SB, and any Class I or Class 11 100 100 100 impounded reservoir used as a source of drinking water for both methods Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands), including any 100 100 50 streams classified as WS or B. or any other stream, canal, marsh or coastal waters Upslope interceptor drains and upslope surface water 10 10 10 diversions (ephemeral streams, waterways, ditches Downslope interceptor drains, downslope surface water diversions, downslope groundwater lowering 25 25 25 ditches (where the bottom of the ditch intersects the SH—WT), and downslope surface drainage ditches *Each of these setback distance requirements may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Aquifer Protection Section of the appropriate Division's Regional Office in Attachment B of this permit. 9. Land application areas shall be clearly marked on each site prior to and during any residuals application event. 10. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of agronomic .rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science (http://www.soil.nesu.edu/programs/nmp// ieY ldsn. A copy shall be kept on file and reprinted every five years in accordance with Condition IV. 11. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application 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 the Senate Bill 1217 Interagency Group - Guidance Document: Chapter 1(http://www.enr.state.ne.us/DSWC/pages/guidance docs.html). iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Vi00001953 Version 3.0 _� �, .-_ .Shell Version 120726 - w ,,,�Page 3 _of.12 _ _ Standards (ftp:!/fid-fc.sc.egov.usda.goN,/NHpipractice-standards/standards/590.pdf), d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. 11. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by 25% in accordance with the USDA-NRCS 590 Nutrient Management Standards. 12. If land application sites are to be over -seeded or double -cropped (e.g., bermuda grass in the summer and rye grass in the winter with both crops to receive residuals), then the second crop can receive an application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ac/yr). This practice may be allowed as long as the second crop is to be harvested or grazed. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no additional PAN shall be applied. 13. Prior to Iand application of residuals containing a sodium adsorption ratio (SAR) of 10 or higher, the Permittee shall obtain and implement recommendations from at least one of the following: the local Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee shall maintain written records of these recommendations and details of their implementation. 14. The compliance boundary for residual land application sites shall be specified in accordance with 15A NCAC 02L .0107(b). These sites were individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the residual land application area, or 50 feet within the property boundary, whichever is closest to the residual land application area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d) (2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. Any approved relocation of the COMPLIANCE BOUNDARY will be noted in Attachment B. 15. In accordance with 15A NCAC 02L.0108, the review boundary shall be established midway between the compliance boundary and the residual land application area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. M. OPERATION AND MAINTENANCE REQUIREMENTS The residuals management program shaII be properly maintained and operated at all times. The program shall be effectively maintained and operated as a non -discharge system to prevent any contravention of surface water or groundwater standards. 2. The Asheville Regional Office, telephone number (828) 2964500, and the appropriate local government official (i.e., county manager, city manager, or health director) shall be notified at least 48 hours prior to the initial residuals land application event to any new land application site. Notification to the Aquifer Protection Section's regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 3. The Asheville Regional Office shall be notified via email or telephone, (828) 296-4500, at least 24 hours prior to conducting any land application activity. Such notification shall indicate, at a minimum, the anticipated application times, field IDs, and location of land application activities. If it becomes necessary to apply to additional fields due to unforeseen events, the Regional Office shall be notified prior to commencing the application to those fields. 4. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to 15A NCAC 02T .1110. Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan, at the minimum, shall include: WQ0001953._ ersion 3.0 Shell Version 120726 Page 4'of 12 -' :gin a) Operational functions; b) Maintenance schedules; c) Safety measures; d) Spill response plan; e) Inspection plan including the following information: i. Names and/or titles of personnel responsible for conducting the inspections; ii. Frequency and location of inspections, including those to be conducted by the ORC, and procedures to assure that the selected location(s) and inspection frequency are representative of the residuals management program; iii. Detailed description of inspection procedures including record keeping and actions to be taken by the inspector in the event that noncompliance is observed pursuant to the noncompliance notification requirements under the monitoring and reporting section of the permit; f) Sampling and monitoring plan including the following information: i. Names and/or titles of personnel responsible for conducting the sampling and monitoring; ii. Detailed description of monitoring procedures including parameters to,be monitored; iii. Sampling frequency and procedures to assure that representative samples are being collected. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to meet pathogen and vector attraction reduction requirements (e.g. facilities that land apply multiple times per year but have an annual sampling frequency, may need to sample during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). 5. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the facility, the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC 08G .0201. The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition EI. 4), and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and designation requirements, please contact the Division of Water Quality's Technical Assistance & Certification Unit at (919) 733-0026. 6. When the Permittee land applies bulk residuals, a copy of this permit and a cop_ y of O&M Plan shall be maintained at the land application sites during land application activities. When the Permittee transports or Iand applies bulk residuals, the spill control provisions shall be maintained in all residuals transport and application vehicles. 8. Residuals shall not be stored at any land application site, unless written approval has been requested and received from the Division. When the Permittee land applies bulk residuals, adequate measures shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into surface waters. 10. When the Permittee land applies bulk residuals, a suitable vegetative cover shall be maintained on land application sites Onto which residuals are applied 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 an agronomist and as approved by the Division. 1 I _ Bulk residuals shall not be land applied under the following conditions: . W00001953 Version 3.0 Shell Version 120726 _. w ;_�_ Pane 5 of 12 a. If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act 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 applied during dry weather conditions and unless the bulk residuals are injected or incorporated within a 24-hour period following a residuals land application event; f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours fallowing a rainfall event of 0.5 inches or greater in a 24-hour period; g. If the slope is greater than 10% for surface applied liquid residuals, or if the slope is greater than 18% for injected or incorporated bulk liquid residuals; h. If the soil pH is not maintained at 6.0 or greater, unless sufficient amounts of lime are applied to achieve a final soil pH of at least 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals and lime mixture is suitable for the specified crop. Any approved variations to the acceptable soil pH (6.0) will be noted in this permit; L If the land does not have an established vegetative cover unless the residuals are incorporated or injected within a 24-hour period following a residuals land application event. Any field that is in a USDA no -till program shall be exempted from meeting this vegetative cover requirement; j. If the vertical separation between the seasonal high water table and the depth of residuals application is less than one foot; k. If the vertical separation of bedrock and the depth of residuals application is less than one foot; 1. Application exceeds agronomic rates. 12: The following public access restrictions apply to residual land application sites: a. Public access to public contact sites (e.g., golf courses, parks, ball fields, etc.) shall be restricted for 365 days after a residuals land application event; b. Public access to non-public contact sites shall be restricted for 30 days after a residuals land application event. 13. Public access controls shall include the posting of signs with a minimum area of 3 square feet (e.g., 1.5' x 2'). Each sign shall indicate the activities conducted at each site, permit number, and name and contact information, including the Permittee or applicator's telephone number. Signs shall be posted in a clearly visible and conspicuous manner at the entrance to each land application site during a land application event, and for as long as the public access restrictions required under M.19 apply. W00001953 Version 3.0 =�.rqR; , . Shell Version 120726 h=Pae 6 of 12 14. The following harvesting and grazing restrictions apply to residual land application sites after each land application event: Harvesting and Grazing Description Restricted Duration Animals shall not be allowed to graze during land application activities and restricted period. Sites that are to be used for grazing shall have fencing to 30 days prevent access after each land application event_ Food crops, feed crops and fiber crops shall not be harvested for: 30 days Turf grown on land where residuals have been applied shall not be harvested for: 12 months Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.) 14 months shall not be harvested for: When the residuals remain on the land surface for four months or longer prior to incorporation into the soil, food crops with harvested parts below the land 20 months surface (e.g., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for: When the residuals remain on the land surface for less than four months prior to incorporation into the soil, food crops with harvested parts below the land 3 8 months surface shall not be harvested for: 15. The Permittee shall acquire from each landowner or lessee/operator a statement detailing the volume of other nutrient sources (i.e., manufactured fertilizers, manures, or other animal waste products) that have been applied to the site, and a copy of the most recent Nutrient Management Plan (NMP) for those operations where a NMP is required by the US Department of Agriculture — National Resources Conservation Service (MRCS) or other State Agencies. The Permittee shall calculate allowable nutrient loading rates based on the provided information and use appropriate reductions. 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. 16. No residuals shall be land applied unless the submitted Land Owner Agreement Attachment (LOAA) between the Permittee and landowners or lesseestoperators of the land application site is in full force and effect. These agreements shall be considered expired concurrent with the permit expiration date, and shall be renewed during the permit renewal process. 17. This permit shall become voidable if operation of the surface disposal sites causes contravention of surface water or groundwater standards, and may be revoked unless the surface disposal sites are maintained and operated in a manner that will protect the assigned surface water and groundwater quality standards. N. MONITORING AND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sample reporting schedule shall be followed. 2. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). The analyses [corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)] shall be performed at the frequency specified in Attachment A, and the Permittee shall maintain these results for a minimum of five years. Any exceptions from the requirements in this condition shall be specified in Attachment A. WOOD01953 Version 3.0 __,_ Shell Version 12072E„ Paae 7 of 12 The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter is 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 (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5) Chloroform (6.0) HexacWoro-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) Once the residuals have been monitored for two years at the frequency specified in Attachment A, the Permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per permit cycle. 3. An analysis shall be conducted on residuals from each source generating facility at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. The analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia -Nitrogen Molybdenum Selenium Arsenic Nickel Sodium Cadmium Nitrate -Nitrite Nitrogen Sodium Adsorption Ratio (SAR) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) After the residuals generated by a particular residuals source -generating facility have been monitored 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 reduce the frequency of this monitoring requirement. In no case, however, shall the frequency of this monitoring be less than once per year when a residuals land application event of residuals generated by the residuals source - generating facility occurs during that year. ;; W00001953 Version 3.D ShellVersion 120726 Pap -e 8,oi 2xs� �.. _ Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A, and at the time indicated in the sampling and monitoring sections of the approved 0&M plan. The required data shall be specific to the stabilization process utilized, and sufficient to demonstrate compliance with the Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c), and one vector attraction reduction requirement in I5A NCAC 02T .1107 (a) shall be met. Any exceptions from the requirements in this condition shall be specified in Attachment A. 5. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site listed in Attachment B on which a residuals land application event will occur in the respective calendar year. This analysis shall be in accordance with the "Guidance on Soil Sampling" located in the Sampling Instructions section of the NC Department of Agriculture & Consumer Services' website (http://www.neagr.gov/agronomi/pubs.htm). The Permittee shall maintain these results and a description of the sampling methodologies used to determine soil fertility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humie Matter Zinc Copper pH 6. Laboratory parameter analyses shall be performed on the residuals as they are land applied, and shall be in accordance with the monitoring requirements in 15A NCAC 02B.0505. 7. The Permittee shall maintain records tracking all residual Iand application events. At a minimum, these records shall include the following: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number as listed in Attachment B); d. Approximate areas applied to (acres); e. Method- and application; f. Weather conditions (e.g., sunny, cloudy, raining, etc.); g. Predominant Soil Mapping Unit (e.g., CbB2); h. Soil conditions (e.g., dry, wet, frozen, etc.); i. Type of crop or crops to be grown on field; j. Nitrogen Application Rate based on RYEs (if using data obtained from the North Carolina State University Department of Soil Science Website, the printout page shall be kept on file and reprinted every five years); k. Volume of residuals land applied in gallons per acre, cubic yarn per acre, dry tons per acre, or wet ton per acme; " Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or wet tons per acre; in. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, or wet tons per acre; and =,�x...:..W00001953 Version 3.0 Shell ersion 120726 Pave 9 of I2 tom. 119 n. Annual and cumulative totals in dry tons per acre of residuals as well as animal waste and other sources of nutrients (e.g., if applicable), annual and cumulative pounds per acre of each heavy metal (e.g., shall include, but shall not be limited to, arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. Three copies of an annual report shall be submitted on or before March 1". The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms. Instructions for reporting and annual report forms are available at http://Portal.ncdenr.or web/wqlaps/]au/rcpg in& or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 9. Noncompliance Notification The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828) 296-4500, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence with the land application program resulting in the land application of significant amounts,of wastes which are abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to surface waters. c. Any time self-monitoring indicates the facility has gone out of compliance with its permit limitations. d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of adequate residual treatment. e. Any spill or discharge from a vehicle or piping system during residuals transportation. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the subject facilities and shall be in accordance with the approved O&M Plan. 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, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of inspection, and this log shall be made available to the Division upon request. Q0Q01953 Version 3.0 Shell Version 126 .s Page 10 of 12 �. K:,�'- 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the land application sites or facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit; and may collect groundwater, surface water or leachate samples. VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143- 215.6A to 143-215.6C. 2. This permit shall become voidable if the residuals land application events are not carried out in accordance with the conditions of this permit. 3. This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. 4. 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 jurisdictional government agencies (e.g., Iocal, state, and federal). 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; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. 5. In the event the residuals program changes ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate documentation from the parties involved and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the residuals program permitted herein until a permit is issued to the new owner. 6. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority pursuant to 15A NCAC 02T .0105{0. 7. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. 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. Unless the Division Director grants a variance, expansion of the permitted residuals program contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). W00001953 Version 3.0 Shell Version 120726 .e.,,,,.....s.__� Pane 11 of 12 9. The Permittee shall pay.the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A NCAC 02T.0 1 05(c) (3). Permit issued this the 20th day of November 2012 and effective March 1, 2013 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r Ch es Wakild, P. E., Director ivi ' n of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0001953 W00001Shell Version 120726 f Page 12 of -12 . ATTACHMENT A - Approved Residual Sources Town of Spindale Town of Spindale Residuals Land Application Program Certification Date: March 1, 2013 Permit Number: WQ0001953 Version: 3.0 Maximum Dry Tons per Year is the amount of residuals apprdved for land application from each permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing of metals and nutrients as stipulated under permit Condition IV.3. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition IVA. Permit application indicated that a fecal coliform, density demonstration will be performed to meet pathogen reduction requirements and that volatile solids reduction will be performed to meet vector attraction reductions. However, other methods listed under 15A NCAC 02T .1106(b) and .I 107(a) can also be used to demonstrate compliance with this permit requirement. 5, Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above. Dry Tans Generated short tons per ear(Established Monitoring Frequency in 40 CFR 503 and 15A NCAC 02T.1111) <319 IfYear =>319 - X1,650 Monitoring Monitoring Monitoring =a! 6,500 Owner Facility Name County Permit Biological Maximum Dry Tons Frequedcy for Frequency for Frequency for Pathogen & Approved Mineralization Number Residuals Per Year Non -hazardous Characteristics 2 Metals and Nutrients 3, 5 Vector Attraction Rate Reductions 4.5 Town of Spindale Spindale WWTP Rutherford NCO020664 Yes 200 Annually Annually Annually 0.30 Total 200 Maximum Dry Tons per Year is the amount of residuals apprdved for land application from each permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing of metals and nutrients as stipulated under permit Condition IV.3. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition IVA. Permit application indicated that a fecal coliform, density demonstration will be performed to meet pathogen reduction requirements and that volatile solids reduction will be performed to meet vector attraction reductions. However, other methods listed under 15A NCAC 02T .1106(b) and .I 107(a) can also be used to demonstrate compliance with this permit requirement. 5, Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above. Dry Tans Generated short tons per ear(Established Monitoring Frequency in 40 CFR 503 and 15A NCAC 02T.1111) <319 IfYear =>319 - X1,650 l/ quarter 4 times per ear =>1,650 - <16,500 1160 Das 6 times per ear =a! 6,500 1/month 12 timet per ear If no land application events occur during a required sampling period (e.g. no land application occur during an entire year when annual monitoring is required), then no sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the annual report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarification. Page 1 of 1 ATTACHMENT B - Approved Land Application Sites Town of Spindale Town of Spindale Residuals Land Application Program Certification Date: March 1, 2013 Permit Number: WQ0001953 Version: 3.0 Field/ Site Owner Lessee County Latitude Longitude A Net a Dominant Soil Series Footnotes Figure SP04-06 Queen, Jerry Rutherford 35029'29" 81046'16" 22.60 PaC2 — Pacolet 1 SP06-01 Koone, Mark Rutherford 35028'48" 8I°01'43" 17.10 PaC2--Pacolet 1 2 SP06-02 Koone, Mark Rutherford 35028'52" 8I002'01" 10.20 PaC2 — Pacolet 3 SP06-03 Koone, Mark Rutherford 35029'02" 81001'49" 7.80 PaC2—Pacolet 2 4 SP06-04 Koone, Mark Rutherford 35028'59" 81002'02" 2.40 PaC2—Pacolet 5 SP06-05 Koone, Mark Rutherford 35°28'54" 81001'42" 15.20 PaD2 — Pacolet 3 6 Total 75.30 1. Residuals maybe land applied to within 100 feet from the residence, within the property boundary, near the northeast corner of the land application area, which is owned by the landowner. The two houses, within the property boundary, on the east side of Painters Gap Road, are owned by the landowner. 2. Residuals may be land applied to within 100 feet from the residence, within the property boundary, east of the land application area, which is owned by the landowner. 3. Residuals may be land applied to within 100 feet from the residence, within the property boundary, southeast of the land application area, which is owned by the landowner. Page 1 of I APPLICATION AREA MAP 1 per_. - 4 �Pyr7cr, i 4 Owner �eFr�iy �J�,?f; Scale: V'= S� D' Field # S P "Total Acres ��•5 flet Acres _ , STREAM Ci) APPLICATION AREA — — — — — - PRIVATE ROAD GRAIN NOISE FORESTED &REA DSURFACE %NATER ❑ 01781J1LDLt;G UNSUITABLE A r- --X FENCE 0 WELL O STORAGE AREA Q S014 DESCRIPTION SUITABLE FOR ® iNCORPORATIOu, _ PROPER TY LINE 1-11% SLOPE FIG— U TOWN OF SPINDALE LAND APPLICATION PROGRAM RUTHERFORD COUNTY W 0001953 SITE DETAIL MAP FOR FIELD SP -04.06 APPLICATION AREA MAP Owneri�r �'�Jr. _. Scale: I"= X100 Field# Total Acres 1 Net Acres J. STREAM Ci:) APPLICATION AREA — -- — — — PRIVATE ROAD DR -41N HOUSE FORESTED AREA s; SURFACE WATER ❑ OUTBUILDING L \\l UN'SU'ITABLE Ki— FENCE 0 WELL O STORAGE AREA O SOIL OESCRIPTION SUITABLE FOA fNCORPORATIO4, PROPERTY LINE B 11% SLOPE FIGURE 2 TOWN OF SPINDALE LAND APPLICATION PROGRAM RUTHERFORD COUNTY WQ0001953 SITE DETAIL MAP FOR FIELD SP -06-01 N APPLICATION AREA MAP ►• 111 FIGURE 3 TOWN OF SPINDALE LAND APPLICATION PROGRAM RUTHERFORD COUNTY WQ0001953 SITE DETAIL MAP FOR FIELD SP -06-02 d ti �"� � VOUnrO �( r. 1U� Owner .. Scale: I" = Field 9 Toottal Acres Ret Acres IC) oS STREAM ( ) APPLICATION AREA -" - - - - - PRIVATE ROAD ❑RAIN HOUSE FORESTED AREA SURFACE WATER ❑ OUTBUILDING UNSUITABLE FENCE 0 wPLL O STORAGE AREA Q SOIL DESCRIPTION SUITABLE FOR INCORPORATIOv, PROPERTY WNE B-12% SLOPE FIGURE 3 TOWN OF SPINDALE LAND APPLICATION PROGRAM RUTHERFORD COUNTY WQ0001953 SITE DETAIL MAP FOR FIELD SP -06-02 B APPLICATION ARFA MAP Owner inar K Kodme' _.. Scale: I"= q 00' Field 9 SP G-3 Total Acres . 9. ti. Net Acres STREAM Ci:) APPLICATION AREA — — — — — — PRIVATE ROAD - —j DRAIN . ROUSE FORESTED AREA SURFACE WATER ❑ OUTBUILDING UtkSUITABLL FEvCE 0 WELL STORAGE AREA O SOIL DESCRIPTION SUITABLE FOR INCORPORATIO!r, PROPERTY LIVE !•11% SLOPE FIGURE 4 TOWN OF SPINDALE LAND APPLICATION PROGRAM RUTHERFORD COUNTY W 0001953 SITE DETAIL MAP FOR FIELD SP -06-03 APPLICATION AREA MAP Owner I$ r '� uoTM Scale.- 1" _ -104 Field # S L_ t Acres F3 • Net Acres STREAM /�'Ta�taE C APPLICATION AREA _ _ — — — - . PRIVATE ROAD �/ =� DRUV N HOUSE FORESTED AREA CD SURFACE WATER ❑ OUTBUILDING UNSUITABLE A —. n FENCE 0 WELL O STORAGE AREA Q SOIL DESCRIPTION / SUITABLE FOR ('Q�i-J INCORPORATION, PROPERTY I.LiE 811'i. SLOPE FIGURE 5 TOWN OF SPINDALE LAND APPLICATION PROGRAM RUTHERFORD COUNTY W 0001953 SITE DETAIL MAP FOR FIELD SP -06-04 nnT ff-A'TrnA[ AbliA A,fA1) . ter- ......-..,... IV I" Fieldl Sim -S Owner r rnr (� oone-.. Scale: Total Acres Net Acres .r5" _> STREAM C AprLICATIOK AREA -' —" ` `-- PRIVATE ROAD I/ DRAIN � HOUSE � FORESTED AREA ;' SURFACE WATER ❑ OUTBUILDING � UNSUITABLE -----� - .. FENCE 0 %YELL STORAGE AREA Q SOIL DESCRIPTION ® SUITATAR O FOR BI 1NCORPORATkO'+, PROPERTY LI -,E H -I1 SLOPE FIGURE 6 TOWN OF SPINDALE LAND APPLICATION PROGRAM RUTHERFORD COUNTY WQ0001953 SITE DETAIL MAP FOR FIELD SP -06-05