HomeMy WebLinkAboutWQ0001953_Final Permit_19970930State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
September 30, 1997
Mr. Timothy J. Barth, Town Administrator
Town of Spindale
P.O. Box 186
Spindale, NC 28160
Dear Mr. Barth:
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Subject: Permit No. WQ0001953
Town of Spindale
Land Application of Wastewater Residuals
Rutherford County
In accordance with your application received on July 30, 1997, we are forwarding herewith Permit
No. WQ0001953, dated September 30, 1997, to the Town of Spindale for the operation of a wastewater
residuals land application program.
This permit shall be effective from the date of issuance until September 2002, shall void Permit
No. WQ0001953 issued July 28, 1995, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring and reporting requirements contained 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 North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact °NIr- R9=dy Kepler at
(919) 733-5083 extension 544. ,
c mel
Preston Howard, Jr., P.E.
cc: Rutherford County Health Department
EWR, Inc.
Asheville Regional Office, Water Quality Section
Asheville Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
Training and Certification Unit
Non -Discharge Compliance Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
RESIDUALS LAND APPLICATION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Town of Spindale
Rutherford County
FOR THE
operation of a wastewater residuals land application program consisting of the application of 600 dry tons
per year of residuals from sources listed in Condition 11 5, to approximately 361 acres of land in
Rutherford County with no discharge of wastes to the surface waters, pursuant to the application received
on July 30, 1997 and in conformity with the project plan, specifications, and other supporting data
subsequently filed and approved by the Department of Environment, Health and Natural Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until September 30, 2002, shall void Permit
No. WQ0001953 issued July 28, 1995, and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
1. The Asheville Regional Office, telephone number 704-251-6208, and the appropriate local
governmental official (county manager/city manager) shall be notified at least twenty-four
(24) hours prior to the initial application of the residuals to a site so that an inspection can
be made of the application sites and application method. Such notification to the regional
supervisor shall be made during the normal office hours from 8-.00 a.m. until 5:00 p.m. on
Monday through Friday, excluding State Holidays. In addition, the Rutherford County
Manager's office must be notified prior to the initial application so that they will be aware
that the operation has commenced.
2. This permit shall become voidable if the soils fail to adequately assimilate the wastes and
may be rescinded unless the sites are maintained and operated in a manner which will
protect the assigned water quality standards of the surface waters and ground waters.
3. The land application program shall be effectively maintained and operated as a non -
discharge system to prevent the discharge of any wastes resulting from the operation of this
program.
4. 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 program.
5. In the event that the land application program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall cease applying residuals to the sites and
take any immediate corrective actions as may be required by the Division.
6. Some of the buffers specified below may not have been included in previous permits for
this land application operation. However, any sites or fields that are included in this
permit, but were approved with different applicable buffers shall be reflagged to comply
with the below buffers_ The following buffer zones shall be maintained:
a) 400 feet from residences or places of public assembly under separate ownership for
surface application method; however, the buffer zone requirement may be reduced to a
minimum of 100 feet upon written consent of the owner and approval from the
appropriate DWQ regional office,
b) 200 feet from residences or places of public assembly under separate ownership for
subsurface residual injection method; however, the buffer zone requirement may be
reduced to a minimum of 100 feet upon written consent of the owner and the
appropriate DWQ regional office,
c) 100 feet from any public or private water supply source, waters classified as SA or SB,
and any Class I or Class II impounded reservoir used as a source of drinking water for
both methods, -
d) 100 feet from any streams classified as WS or B, any other stream, canal, marsh or
coastal waters and any other lake or impoundment for surface application,
e) 50 feet from any streams classified as WS or B, any other stream, canal, marsh or
coastal waters and any other lake or impoundment for subsurface application,
f) 50 feet from property lines for both surface and subsurface application methods;
g) 50 feet from public right of ways for both application methods,
h) 10 feet from upslope interceptor drains and surface water diversions for both
application methods,
i) 25 feet from downslope interceptor drains, surface water diversions, groundwater
drainage systems and surface drainage ditches for both application methods.
7. A copy of this permit shall be maintained at the land application site when residuals are
being applied during the life of this permit. A spill prevention and control plan shall be
maintained in all residuals transport and application vehicles.
8. Specific residual application area boundaries shall be clearly marked on each site prior to
and during application.
9. No residuals at any time shall be stored at any application site, unless approval has been
requested and obtained from the Division of Water Quality.
10. Maximum slope for residual application shall be 10% for surface application and 18% for
subsurface applications.
11. When wastewater residuals are applied, the Class A pathogen requirements and site
restrictions in 40 CFR Part 503.32(a) or the Class B pathogen requirements and site
restrictions in 40 CFR Part 503.32(b), and one of vector attraction reduction requirements
in 40 CFR Part 503.33 shall be met. Additionally, an evaluation must be performed which
demonstrates the residuals ability to comply with this requirement. Upon request, a copy
of this evaluation must be submitted including all test results and calculations.
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II. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities and application sites shall be properly maintained and operated at all times.
2. A suitable vegetative cover, as listed in condition H 4, shall be maintained in accordance
with the crop management plan outlined by the local Extension Office of the Department of
Agriculture, the Natural Resources Conservation Service, or other agronomist, and
approved by this Division.
An acceptable pH must be maintained in the soil, residual and lime mixture, greater than
6.0, on all land application sites to insure optimum yield for the crop(s) specified below.
The agronomist shall provide information on the pH best suited for the specified crop and
the soil type.
4. The application rates shall not exceed the following for the specified crops:
Crop PAN (lb./acre/
Alfalfa
200
Bermuda Grass (Hay, Pasture)
220
Blue Grass
120
Corn (Grain)
160
Corn (Silage)
200
Cotton
70
Fescue
250
Forest (Hardwood & Softwood)
75
Milo
100
Small Grain (Wheat, barley, oats)
100
Sorghum, Sudex (Pasture)
180
Sorghum, Sudex (Silage)
220
Soybeans
200
Timothy, Orchard, & Rye Grass
200
5. No residuals other than the following are hereby approved for land application in
accordance with this permit:
Permit Volume
Source County Number (dry tons/ear)
Town of Spindale Rutherford WQ0001953 600
6. The metal loading rates shall not exceed the following Cumulative Pollutant loading rates:
Kilograms Pounds
Parameters per Hectare per Acre
Arsenic
41
36
Cadmium
39
34
Copper
1,500
1,338
Lead
300
267
Mercury
17
15
Molybdenum
----
----
Nickel
420
374
Selenium
100
89
Zinc
2,800
2,498
3
7. The pollutant concentrations in the residuals which will be applied to the land shall not
exceed the following Ceiling Concentrations (Dry Weight Basis):
Parameters mg/kg
Arsenic
75
Cadmium
85
Copper
4,300
Lead
840
Mercury
57
Molybdenum
75
Nickel
420
Selenium
100
Zinc
7,500
8. Upon classification of the facility by the Certification Commission, the Permittee shall
employ a certified land application/residuals operator to be in responsible charge (ORC) of
the land application program. The operator must hold a certificate of the type classification
assigned to the land application program by the Certification Commission. The Permittee
must also employ a certified back-up operator of the appropriate type to comply with the
conditions of Title 15A NCAC 8A, .0202.
9. Adequate procedures shall be provided to prevent surface runoff from carrying any
disposed or stored residuals into any surface waters.
10. Surface applied residuals will be plowed or disced within twenty-four (24) hours after
application on lands with no cover crop established.
11. For areas that are prone to flooding or within the 100 -year flood elevation, residuals may
be applied only during periods of dry weather. The residuals must be incorporated into the
soil within twenty-four (24) hours after application.
12. Appropriate measures must be taken to control public access to the land application sites
during active site use and for the 12 -month period following the last residual application
event. Such controls may include the posting of signs indicating the activities being
conducted at each site.
13. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying pollutants from the residuals application area onto the adjacent property or into
any surface waters.
14. Residuals shall not be applied in inclement weather or until 24 hours following a rainfall
event of 1/2 -inch or greater in 24 hours. Any emergency residuals dispo5al measures must
first be approved by the Division of Water Quality.
15. Residuals shall not be applied to any land application site that is flooded, frozen or snow-
covered.
16. Residuals shall not be applied at rates greater than agronomic rates, unless authorized by
the Division.
17. Animals shall not be grazed on an application site for 30 days after residuals application.
Application sites that are to be used for grazing shall have fencing that will be used to
prevent access after each application.
0
18. Food crops, feed crops and fiber crops that do not come in contact with the residuals shall
not be harvested for 30 days after residuals application.
19. Food crops with harvested parts that touch the residual/soil mixture and are totally above
the land surface (ex. tobacco, melons, cucumbers, squash, etc.) shall not be harvested for
14 months after residuals application.
20. Food crops with harvested parts below the surface of the Iand (root crops such as potatoes,
carrots, radishes, etc.) shall not be harvested for 20 months after application of residuals
when the residuals remain on the land surface for four (4) months or longer prior to
incorporation into the soil.
21. Food crops with harvested parts below the surface of the land shall not be harvested for 38
months after application of residuals when the residuals remain on the land surface for less
than four (4) months prior to incorporation into the soil.
22. Turf shall not be harvested for 1 year after residuals application if the turf is to be placed on
land with a high potential for public exposure.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division of Water Quality to insure protection of the
environment will be established and an acceptable sampling and reporting schedule shall be
followed.
2. Proper records shall be maintained by the Permittee tracking all application activities.
These records shall include, but are not necessarily limited to the following information: .
a. source of residuals
b. date of residual application
c. location of residual application (site, field, or zone #)
d. method of application
e. weather conditions (sunny, cloudy, raining, etc.)
f. soil conditions
g. type of crop or crops to be grown on field
h. volume of residuals applied in gallons/acre, dry tons/acre or kilograms/hectare
i. annual and cumulative totals of dry tons/acre of residuals, annual and cumulative
pounds/acre of each heavy metal (which shall include, but not be Iimited to arsenic,
cadmium, copper, lead, mercury, molybdenum, nickel, selenium and zinc), annual
pounds/acre of plant available nitrogen (PAN), and annual pounds/acre of phosphorus
applied to each field.
3. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted
on each site receiving residuals in the respective calendar year and the results maintained on
file by the Permittee for a minimum of five years.
The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the
following parameters:
Acidity
Calcium
Copper
Magnesium
Base Saturation (by calculation)
Cation Exchange Capacity
Manganese Potassium
Percent Humic Matter Sodium
pH Zinc
Phosphorus
5
The Standard Soil Fertility Analysis (see above) and an analysis for the following
pollutants shall be conducted once prior to permit renewal on soils from each site which has
received residuals during the permit cycle.
Arsenic Mercury Nickel
Cadmium Molybdenum Selenium
Lead
4. A residuals analysis will be conducted quarterly from the date of permit issuance by the
Permittee and the results maintained on file by the Permittee for a minimum of five years.
If land application occurs at a frequency less than quarterly, a residuals analysis will be
required for each instance of land application. The residuals analysis shall include but is
not necessarily limited to the following parameters:
Arsenic
Calcium
Cadmium
Nitrate -Nitrite Nitrogen
Copper
Magnesium
Lead
% Total Solids
Mercury
pH
Molybdenum
Phosphorus
Nickel
Plant Available Nitrogen (by calculation.)
Selenium
Potassium
Zinc
Sodium
Aluminum
TKN
Ammonia -Nitrogen
After the residuals have been monitored for two years at the above frequency, the Permittee
may submit a request to the Division for a permit modification for the reduction of the
frequency of monitoring for pollutant concentrations and for the pathogen density
requirements, but in no case shall the frequency of monitoring be less than once per year
when residuals are applied to the land.
5. A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the
Permittee annually. The TCLP analysis shall include the following parameters (please note
the regulatory level in mg/L in parentheses):
Arsenic (5.0)
Benzene (0.5)
Carbon tetrachloride (0.5)
Chlorobenzene (100.0)
Chromium (5.0)
m -Cresol (200.0)
Cresol (200.0)
1,4 -Dichlorobenzene (7.5)
1, 1 -Dichloroethylene (0.7)
Endrin (0.02)
Hexachlorobenzene(0.13)
Hexachloroethane (3.0)
Lindane (0.4)
Methoxychlor (10.0)
Nitrobenzene (2.0)
Pyridine (5A)
Silver (5.0)
Toxaphene (0.5)
2,4,5 -Trichlorophenol (400.0)
2,4,5 -TP (Silvex) (1.0)
2
Barium (100.0)
Cadmium (1.0)
Chlordane (0.03)
Chloroform (6.0)
o -Cresol (200.0)
p -Cresol (200.0)
2,4-D (10.0)
1,2-Dichloroethane (0.5)
2,4-Dinitrotoluene (0.13)
Heptachlor (and its hydroxide) (0.008)
Hexachloro-1,3-butadiene (0.5)
Lead (5.0)
Mercury (0.2)
Methyl ethyl ketone (200.0)
Pentachlorophenol (100.0)
Selenium (1.0)
Tetrachloroethylene (0.7)
Trichloroethylene (0.5)
2,4,6 -Trichlorophenol (2.0)
Vinyl chloride (0.2)
6. All residuals included in this permit must be monitored quarterly, from the date of permit
issuance, for compliance with condition I 11 of this permit. Data to verify stabilization and
vector attraction reduction of the residuals must be maintained by the Permittee. The
required data is specific to the stabilization process utilized, but should be sufficient to
clearly demonstrate compliance the Class A pathogen requirements in 40 CFR Part
503.32(a) or with the Class B pathogen requirements and site restrictions in 40 CFR Part
503.32(b), and one of vector attraction reduction requirements in 40 CFR Part 503.33. In
addition, the EPA certification statements concerning compliance with pathogen
requirements, vector attraction reduction requirements and management practices must be
completed quarterly by the proper authority or authorities if more than one is involved,
either the person who prepares the residuals, the person who derives the material, or the
person who applies the residuals.
After the residuals have been monitored for two years at the above frequency, the Permittee
may request a permit modification for the reduction of the frequency of monitoring for
pollutant concentrations and for the pathogen density requirements, but in no case shall the
frequency of monitoring be less than once per year when residuals are applied to the land.
7. Three copies of all required monitoring and reporting requirements as specified in
conditions 111 1, 1112,111 3,111: 4, 1115 and III 6 shall be submitted annually on or before
March 1 of the following year to the following address:
NC Division of Water Quality
Water Quality Section
Facility Assessment Unit
PO Box 29535
Raleigh, NC 27626-0535
Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone number
704-251-6208, 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 with the land application program which results in the Iand 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 receiving
waters.
c. Any time that self-monitoring information indicates that the facility has gone out of
compliance with the conditions and limitations of this permit or the parameters on
which the system was designed. -
d. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals to the
application site.
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.
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IV. GROUNDWATERREQUIREMENTS
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.
2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
3. No land application of waste activities shall be undertaken when the seasonal high water
table is less than three feet below land surface.
V. INSPECTIONS
The Permittee or his designee shall inspect the residuals storage, transport, and application
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 maintain an inspection log or summary including at least the
date and time of inspection, observations made, and any maintenance, repairs, or corrective
actions taken by the Permittee. This log of inspections shall be maintained by the Permittee
for a period of five years from the date of the inspection and shall be made available to the
Division of Water Quality or other permitting authority, upon request.
2. Any duly authorized officer, employee, or representative of the Division of Water Quality
may, upon presentation of credentials, enter and inspect any property, premises or place on
or related to the application 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 kept
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 land application activities are carried out in
accordance with the conditions of this permit, the supporting materials, and in the manner
approved by this Division.
2. This permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data.
3. This permit is not automatically transferable. In the event that there is a desire for the
facilities to change ownership or a name change of the Permittee, a formal permit request
must be submitted to the Division of Water Quality 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.
8
4
5
The following are approved sites for residuals application (see attached map[s])-
Application Area [acres]
Site No. Owner/Lessee (excluding buffers)
subtotal - 84.0
12.1
Rutherford County
5.4
11.1
Odean Keever
25.0
11.2
Odean Keever
25.0
11.3
Odean Keever
10.0
11.4
Odean Keever
16.0
11.5
Odean Keever
8.0
subtotal - 84.0
12.1
Ben E. Wall, Jr.
5.4
12.2
Ben E. Wall, Jr.
26.5
12.3
Ben E. Wall, Jr.
27.9
SP5-3
Iack Henderson
subtotal - 59.8
SP1 -1
Mark Summey
20.5
SPI -2
Mark Summey
10.1
SP6-1
Mark Koone
subtotal - 30.6
SP2-1
Cecil Silvers
29.3
SP2-2
Cecil Silvers
1.6
SP2-3
Cecil Silvers
3.8
SP2-4
Cecil Silvers
12.2
subtotal - 46.9
SP4-6
Jerry Queen
22.6
SP5-1
Jack Henderson
14.9
SP5-2
Jack Henderson
19.8
SP5-3
Iack Henderson
13.2
SP5-4
Jack Henderson
16.6
subtotal - 64.5
SP6-1
Mark Koone
15.6
SP6-2
Mark Koone
10.2
SP6-3
Mark Koone
9.2
SP6-4
Mark Koone
2.4
SP6-5
Mark Koone
15.2
subtotal - 52.6
TOTAL AVAILABLE ACRES 361.00
Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality in accordance with
North Carolina General Statute 143-215.6(a) to 143-215.6(c).
6. The annual administering and compliance fee must be paid by the Permittee within thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205
(c)(4).
7. 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.
9
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 Cornn-dssion 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.
9. This permit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division of Water Quality deems necessary in
order to adequately protect the environment and public health.
10. This permit shall become voidable unless the agreements between the Permittee and the
landowners/lessees are in full force and effect. The land owner agreements are considered
expired concurrent with the expiration date of the permit and must be renewed at the same
time the permit is renewed.
Permit issued this the Thirtieth day of September, 1997
NORTH C LINAENVIRONMENTAL MANAGEMENT COMMISSION
-/—A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0001953
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