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HomeMy WebLinkAboutWQ0002127_Final Permit_20090313�l'a CCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 13, 2009 MR, DON DAW ORD, DIRECTOR OF WATER RESOURCES CITY OF MORGANTON POST OFFICE 130X 3448 MORGAN'rON, FORTH CAROLINA 28680 Subject: Permit No. WQ0002127 City of Morganton City of Morganton Morganite Composting Facility Class A Residuals Compost Management Program Burke County Dear Mr. Danford: In accordance with your permit renewal request received December 1, 2008, we are forwarding herewith Permit No. WQ0002127, dated March 13, 2009, to the City of Morganton for the continued operation of the subject land application of residuals solids program. This permit shall be effective from the date of issuance until February 28, 2014, shall void Permit No. WQ0002127 issued October 16, 2006, 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. Please note that distribution of the compost residuals to a third parry for further distribution requires the creation of a written and signed utilization agreement between the Permittee and the person or party accepting the residuals compost. Upon accepting the residuals compost and making the agreement the acceptor assumes responsibilities for proper utilization of the residuals compost. AQUIFER PROTECTION SECTION 1636 MlairService Center, Raleth, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919-733-32211 FAX 1: 919.715-0588 FAX 2:919-715-6048 l Customer Service; 1-877-623-6748 Internet: www.ncwaterqual€ty.org ;.n Equal Opportuncj 1 Affirmative Action Employer NorthCarobna Naturally If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. Please note that on September 1, 2006 State Administrative Code 15A NCAC Subchapter 02T — Waste not Discharged to Surface Water was adopted. This permit incorporates the requirement of these rules. Remember to take the time to review this permit thoroughly, as some of the conditions contained therein may have been added, changed, or deleted from those in previously issued permits. If you need additional information concerning this matter, please contact David Goodrich at (919) 715-6162 or david.goodrich@ncmaii.net. Sincerely, Zr Coleen H. Sullins cc: Burke County Health Department Asheville Regional Office, Aquifer Protection Section Technical Assistance and Certification Unit APS Central Files LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH PERMIT FOR THE DISTRIBUTION OF CLASS A RESIDUALS COMPOST (503) 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 City of Morganton Burke County FOR THE continued operation of a wastewater residuals program for the distribution of Class A residuals compost for the City of Morganton and consisting of the distribution and land application of composted residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A with no discharge of wastes to surface waters, pursuant to the permit renewal application package received on December 17 2008 and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. Note that per 15A NCAC 02T .1102, bulk compost residuals shall mean composted residuals that are loaded in quantities greater than 1.102 short tons (or greater than one metric ton) and transported either directly to a receiving site for application to the land or to a temporary (intermediary) storage location prior to application to the land. This permit shall be effective from the date of issuance until February 28, 2014, shall void Permit No. WQ0002127 issued October 16, 2006, and shall be subject to the following specified conditions and limitations: I. SCHEDULES [please review the entire permit for reporting, monitoring and other on-going activitiesl No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application . n. PERFORMANCE STANDARDS The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this Class A residuals compost distribution and land application program. WQ0002127 Version 3.0 Shell Version 081208 Page 1 of 11 2. No residuals other than those generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for distribution or land application in accordance with this permit. 3. The pollutant concentrations in any composted residuals that are distributed or land applied to any land application site shall not shall not exceed the following Ceiling and Monthly Average Concentrations (i.e., dry weight basis) Parameter Monthly Average Concentration (mg/kg) Ceiling Concentration (mfg) Arsenic 41 75 Cadmium 39 85 Copper 1,500 4,300 Lead 300 840 Mercury 17 57 Molybdenum n/a 75 Nickel 420 420 Selenium 100 100 Zinc 2,800 7,500 4. When residuals are distributed or land applied under the conditions of this permit, the Class A pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction and vector attraction reduction requirements. 5. For residuals treatment and storage facilities, the following minimum setbacks shall be maintained (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 100 ii. Any property line: 50 iii. Any private or public water supply source: 100 iv. Surface waters: 50 v. Any well with exception of monitoring wells: 100 6. When land applying bulk Class A residual compost to any land application site, the following setbacks shall be maintained (all distances in feet): a. Any private or public water supply source: ii. Surface waters: iii. Surface water diversions: iv. Groundwater lowering ditches: v. Any well with exception of monitoring wells: vi. Bedrock outcrops: 100 25 0 0 100 0 WQ0002127 Version 3.0 Shell Version 081208 Page 2 of 11 7. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall be land applied to all land application sites at or below agronomic rates. For any crop type for which an appropriate nitrogen application rate cannot be determined, the Permittee shall contact the Division to determine necessary action. The Permittee shall not distribute compost residuals that contain a high salt content (i.e., high sodium adsorption ratio (SAR) of ten (10) or higher) without prior written approval from the Division. The Permittee may seek approval by demonstrating program adjustments have been made to assure that the person accepting the compost residuals is aware of the affects of the high salt content, the proper application rates of the compost residuals, and any other operational considerations for proper application to assure that the high salt content will not adversely impact the receiving sites. 9. The COMPLIANCE BOUNDARY for bulk residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards'). The Compliance Boundary for each bulk residuals land application site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. Per 15A NCAC 2T .0105(h), upon the request by the Permittee the Compliance Boundary may be located closer to the waste disposal area (provided the groundwater standards can be met at the newly established Compliance Boundary). Any approved relocation of the COMPLIANCE BOUNDARY will be noted in the most recently -certified Attachment B of this permit. An exceedance of Groundwater Standards at or beyond the Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. 10. The REVIEW BOUNDARY shall be established around each bulk land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(1). M. OPERATION AND MAINTENANCE REQ[11REMENTS The Class A residuals compost management program shall be effectively maintained and operated at all times as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .1110 including operational functions, maintenance schedules, safety measures, and a spill response plan. 2. In the event that the Class A compost residuals management program is not operated satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee immediately shall either cease land applying or cease distribution of compost residuals to the sites impacted. In addition, the Permittee shall contact the Aquifer Protection Section of the appropriate Division's regional office, and take any immediate corrective actions as may be required by the Division. These action(s) do not prevent the Division from subsequently taking actions in response to the above violation consistent with the condition of this permit, North Carolina Administrative Code rules, regulations and the NC General Statutes. 3. The Permittee shall maintain an approved Operation and Maintenance Pian (O&M Plan) pursuant to 15A NCAC 02T .1110 including operational functions, maintenance schedules, inspection pian, sampling and monitoring plan, safety measures, and a spill response plan. a. The sampling and monitoring portion of the plan as well as any modification to the plan shall be approved by the Division. The most recent O&M Plan shall be submitted to the Asheville Regional Office for review and approval. The approved 0 & M plan shall include the following information: WQ0002127 Version 3.0 Shell Version 081208 Page 3 of 11 i. Names and position of personnel responsible for conducting the sampling and monitoring; ii. Required sampling frequency specified in Attachment B of the permit; iii. Description of sampling and monitoring procedures to gather representative sampling for each sampling period. Note that fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals. The sampling plan must account for any foreseen fluctuations in compost residuals quality, and indicate sampling times accordingly to ensure compliance during the most limiting times (e.g. small facilities that apply multiple times per year, but have an annual sampling frequency may need to sample and document compliance with the pathogen reduction requirements during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). 4. In the event that the Class A 'compost residuals management program is not operated satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee immediately shall either cease land applying or cease distribution of compost residuals to the sites impacted. In addition, the Permittee shall contact the Aquifer Protection Section of the appropriate Division's regional office, and take any immediate corrective actions as may be required by the Division. These action(s) do not prevent the Division from subsequently taking actions in response to the above violation consistent with the condition of this permit, North Carolina Administrative Code rules, regulations and the NC General Statutes. A utilization agreement between the Permittee and the person or entity agreeing to accept and distribute bulk residual compost shall be in place prior to acceptance of the bulk residual compost. The agreement shall specify the responsibilities of the person or entity agreeing to accept and distribute the bulk residuals compost. The utilization agreement shall be signed by both the Permittee or his designee and the person responsible for application of the residuals compost. The utilization agreement shall stipulate the following: a. By agreeing to accept the bulk residuals compost it is recognized that the application of residuals compost is allowed under the conditions of the agreement. The application of the compost residuals is considered the application of a waste under 15A NCAC 02T .1100. The application of the residuals to the land has been deemed permitted under 15A NCAC .1103(4) provided the conditions of the agreement are met. Any action resulting in the damages to surface waters or groundwater resulting or failure to follow the conditions of the agreement is subject to enforcement action by the Division ; b. The person or entity accepting the bulk residual compost will to the best of their knowledge meet the following application requirements: Application of the bulk residuals will stop if it becomes known that the application adversely affects a threatened or endangered species listed under section 4 of the Endangered Species, ii. Application of the bulk residuals shall not occur when the land is flooded, frozen, or snow-covered or is otherwise in a condition such that runoff of the residuals would occur; iii. Application of the bulk residuals shall not occur within the 100 -year flood elevation unless the bulk residuals are injected or incorporated within a 24-hour period following the residuals land application event. Flood elevations information is available at httn://www.nefloodmus.com//default swf.aW,- iv. Application of the bulk residuals shall not occur during a measurable precipitation event (i.e., >.O I" per hour) or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; WQ0002127 Version 3.0 Shell Version 081208 Page 4 of 11 v. Residuals stockpiled for more than 14 days shall be covered; vi. Application of the bulk residuals shall not occur if the vertical separation of the seasonal high water table and the depth of bulk residuals application is less than one foot; vii. Application of the bulk residuals shall not occur if the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; viii. Application of bulk residuals shall not occur within 100 feet of a public or private water supply source; ix. Application of bulk residuals shall not occur within 100 feet of any well with the exception of monitoring wells; x. Application of bulk residuals shall not occur within 25 feet of Surface waters. c. The generator of the bulk residual compost shall provide information on the proper use of the residuals compost including information on the nutrient quantities within the residuals compost and recommended application rates. A copy of the label or information sheet attached to bags or other containers or residuals compost as specified in Condition II. 10. will satisfy this condition; d. The applicator or party receiving bulk residuals compost from the permittee shall supply all third parties receiving bulk residuals compost with documentation specifying that application shall occur consistent with the agreement; e. Instructions, including contact information for key personnel, for the applicator or party receiving bulk residuals compost in the event that requirements specified in the utilization agreement are not met; f. A copy of the utilization agreement shall be maintained at the land application sites when bulk compost residuals are being applied. b. Upon classification of the Class A residuals management program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified land application/residuals operator to be in responsible charge (ORC) of the program. The operator shall hold a certificate of the type classification assigned to the program by the WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 8G .0201. 7.' This permit shall become voidable and may be rescinded by the Division in the event of failure of the compost facility and Class A residuals distribution program to adequately meet the conditions of this permit and protect the assigned water quality standards of the surface waters and groundwater. 8. A copy of this permit, or a signed copy of a utilization agreement shall be maintained in all manned equipment at the land application sites when bulk compost residuals are being land applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. 9. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying bulk residuals from the land application sites onto adjacent properties or into any surface waters, Such provisions shall be described and implemented in the operation plan required in Condition I11,2. and may prescribe the use of use of erosion control devices, or a list of acceptable or unacceptable conditions for application. 10. All residuals shall be adequately stored to prevent leachate runoff until treated. The finished product may be placed on a concrete pad, placed under shelter or covered until such time as it is distributed to the buyer. If an alternate storage site is to be used, approval must be obtained from the Division. WQ0002127 Version 3.0 Shell Version 081208 Page 5 of 11 I 1. A label shall be affixed to the bag or other container in which residuals that are sold or given away for application to the land, or an information sheet shall be provided to the person who receives the residuals sold or given away in other containers for application to the land. The label or information sheet shall contain the following information: a. The name and address of the person who prepared the residuals that is sold or given away in a bag or other container for application to the land. b. A statement that application of the residuals to the land is prohibited except in accordance with the instructions on the Iabel or information sheet. A statement which identifies that this material shall be prevented from entering any public or private water supply source (including wells) and any stream, lake, or river. d. A statement that the residuals shall be applied at agronomic rates and recommended rates for intended uses. 12. The Permittee shall not distribute bulk residuals compost to any person or entity known to be applying residuals compost contrary to the condition of the signed utilization agreement. 13. Bulk residuals shall not be applied to the land under the following conditions: If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species or its designated critical habitat; b. If the application causes prolonged nuisance conditions; c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface water or groundwater standards; d. If the land is flooded, frozen, or snow-covered or is otherwise in a condition such that runoff of the residuals would occur; e. Within the 100 -year flood elevation unless the bulk residuals are injected or incorporated within a 24-hour period following the residuals land application event. Flood elevations information is available at http://www.ncfloodmgps.com/default_swf.asp; f. During a measurable precipitation event (i.e., >.01" per hour) or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; g. If the land does not have an established vegetative cover in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist unless the bulk residuals are incorporated within a 24-hour period following the residuals land application event or injected; h. If the vertical separation of the seasonal high water table and the depth of residuals application is less than one foot; If the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; IV. MONITORING AND REPORTING REQUIREMENTS 1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. 2. Residuals generated by each residuals source -generating facility listed in the most -recently -certified Attachment A of this permit shall be analyzed to demonstrate that they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted WQ0002127 Version 3.0 Shell Version 081208 Page 6 of 11 on ' residuals generated by each residuals source -generating facility listed in the most recently - certified Attachment A of this permit. The analyses shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source - generating facility are distributed or land applied at a frequency less than that which is specified in the most recently -certified Attachment A of this permit, the analyses shall be required for each residuals distribution and land application event. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. If residuals generated by a particular residuals soiree -generating facility are insufficient to require a land application or distribution event during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application or distribution occur during an entire year when annual monitoring is required), no sampling data is required during the period of inactivity. The Permittee shall submit an annual report, as required in Condition W. 10., even in the event that no land application or distribution events occur during an entire year; the annual report shall include an explanation for missing sampling data The TCLP analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) 1,4 -Dichlorobenzene (7.5) Nitrobenzene (2.0) Barium (100.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) Benzene (0.5) 1,1-Dichloroethylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (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) Hexachloro-I,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) 0 -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) 3. An analysis shall be conducted on Class A compost residuals product generated for distribution listed in Attachment A. The analysis shall be performed at the frequency specified in the most recently certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the following parameters - Aluminum Magnesium pH Ammonia -Nitrogen Mercury Plant Available Nitrogen (by calculation) Arsenic Molybdenum Selenium Cadmium Nickel Sodium WQ0002127 Version 3.0 SheU Version 081208 Page 7 of 11 Calcium Nitrate -Nitrite Nitrogen % Total Solids Copper Phosphorus TKN Lead Potassium Zinc Sodium Adsorption Ratio (SAR) If residuals generated by a particular residuals source -generating facility are insufficient to require a land application or distribution event during a required sampling period as specified in the most recently -certified Attachment A of this permit, the Permittee shall make up the missed sampling either by taking additional samples during land application events previous to a planned period of inactivity or by taking additional samples during land application events immediately following the period of inactivity, If no land application or distribution events occur during a complete calendar year, the Permittee need not make up the missed sampling events for that year. The Permittee shall submit an annual report, as required in Condition IV. 10., even in the event that no land application or distribution events occur during an entire year; the annual report shall include an explanation of additional sampling data intended to compensate for periods of inactivity, or an explanation for missing sampling data. 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. The request must include notification from EPA that a reduced sampling frequency has been approved as required by 40 CFR 503.16(a)(2). 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. 4. Composted residuals generated for distribution as listed in Attachment A by each residuals source - generating facility listed in the most recently -certified Attachment A of this permit shall be monitored for compliance with Condition IIA. The monitoring shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and data to verify pathogen and vector attraction reduction of the residuals shall be maintained on file by the Permittee for a minimum of five years. The required data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear compliance with the Class A pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. In addition, the Environmental Protection Agency (EPA) certification statements concerning compliance with pathogen reduction requirements, vector attraction reduction requirements, and management practices shall be completed at the frequency specified in the most recently -certified Attachment A of this permit by the proper authority or authorities, if more than one is involved (i.e., either the person who prepares the residuals, the person who derives the material, or the person who applies the residuals). Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition HA. in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. 5. Laboratory analyses of parameters as required by Condition N.1., Condition IV.2., Condition N.3., and Condition IV A., shall be performed/gathered on the residuals as they are to be distributed or land applied. 6. Laboratory analyses of parameters as required by Condition IV. L, Condition N.2., Condition N.3., and Condition IVA. shall be in accordance with 15A NCAC 02B .0505. WQ0002127 Version 3.0 Shell Version 081208 Page 8 of 11 7. Proper records shall be maintained by the Permittee tracking all bulk residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals accepted for treatment in residuals compost facility; b. Amount of residuals accepted for treatment in residuals compost facility; c. Source and amount of each amendment material used for treatment in residuals compost facility d. Date of distribution; e. Name and address of recipient of residuals; f. Volume of residuals distributed to each recipient; g. Intended use of residuals; 8. All records required as part of this permit shall be retained a minimum of five years. 9. Three copies of an annual report shall be submitted on or before March 1St. The annual report shall meet the requirements described in the Instructions For Residuals Application Annual Reporting Forms. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http://h2o.enr.state.nc.us/lau/compliance.html, or can be obtained by contacting the Land Application Unit directly. The annual repost shall be submitted to the following address: NCDEIVR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 10. 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 distribution program which results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the distribution program resulting in a release of material to receiving waters. c. Any time that self-monitoring information indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residual treatment. For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours must be reported to the Division's Emergency Response personnel at telephone number (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 (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. V. INSPECTIONS 1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation of the subject facilities. WQ0002127 Version 3.0 Shell Version 081208 Page 9 of 11 2. The Permittee or his designee shall inspect the residuals storage, transport, and treatment facilities to prevent malfunctions and deterioration, operator errors, and discharges that may cause or lead to the release of wastes to the environment, a threat to human, health, or a nuisance. The Permittec shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. 3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS This permit shall become voidable unless the activities of the Class A residuals management program are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes §143- 215.6A through §143-215-6C. 4. The annual administering and compliance fee shall be paid by the Permittec within 30 days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit, as specified by 15 NCAC 2T .0105 (e). The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) that have jurisdiction. Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500. 6. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. WQ0002127 Version 3.0 Shell Version 081208 Page 10 of 11 7. This permit shall not be automatically transferable. In the event that there is a desire for the Class A residuals management program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Permit issued this the 13th day of March, 2009. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r gfColeeeH. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0002127 WQ0002127 Version 3.0 Shell Version 081208 Page 11 of 11 ATTAChiVIENT A - Approved Residual Sources Permit Number: WQ0002127 Version: 3.0 PERMITTE Residuals Source -Generating Facility Certification b.te: 03/13/09 ' Maximum Dry Tons Per Year is the amount of residual biosolids approved for composting from each residuals source -generating facilities and is not the amount of Class A residuals product generated at the permitted facility for distribution. b Testing of the parameters listed in Condition IV.3. is required once per permit cycle, however this practice is encouraged more often to assure that the feed stocks are adequate to produce a fmished product meeting the conditions of this permit. Note that testing for Condition IVA. (pathogen and vector attraction) is not required for approved sources. Class A Residuals Product Generated for Distribution Monitoring Frequency (Established in 40 CFR 503) <319 I/Year X319 - <1,650 I/ Quarter (4 times per year) Maximum 1160 Days (6 times per year Monitoring 1/month (12 times per ear) Permit Is Dry Tons Per Monitoring Frequency for Monitoring Frequency for Owner Facility Name County Number Issued By 503? Year Condition N.2. Condition IV.3. b City of Catawba River Pollution Burke NCO026573 DWQ 503 1,200.00 1 X cycle I X cycle Morganton Control Facility Condition IVA Mineralization Rate City of Residuals City of Morganton WTP Burke NCO060194 DWQ Non- 800 1 X cycle 1 X cycle Morganton_ 503 3,250.00 1 X cycle See Table 503 Facility Total 2,000.00 ' Maximum Dry Tons Per Year is the amount of residual biosolids approved for composting from each residuals source -generating facilities and is not the amount of Class A residuals product generated at the permitted facility for distribution. b Testing of the parameters listed in Condition IV.3. is required once per permit cycle, however this practice is encouraged more often to assure that the feed stocks are adequate to produce a fmished product meeting the conditions of this permit. Note that testing for Condition IVA. (pathogen and vector attraction) is not required for approved sources. Class A Residuals Product Generated for Distribution Maximum Dry Tons Per Year is the amount of residual biosolids approved for distribution from the permitted facility. NOTE: Monitoring Frequency Requirements Dry Tons Generated Monitoring Frequency (Established in 40 CFR 503) <319 I/Year X319 - <1,650 I/ Quarter (4 times per year) X1,650 - <16,500 1160 Days (6 times per year Monitoring 1/month (12 times per ear) Maximum Monitoring Frequency for Dry Tons Frequency for Condition N.3. and Approved Owner Facility Name County Permit Number Issued By Is 503? Per Year ° Condition IV.2. Condition IVA Mineralization Rate City of Residuals Morganton Composting Burke WQ0002127 DWQ 503 3,250.00 1 X cycle See Table 0.1 Facility Maximum Dry Tons Per Year is the amount of residual biosolids approved for distribution from the permitted facility. NOTE: Monitoring Frequency Requirements Dry Tons Generated Monitoring Frequency (Established in 40 CFR 503) <319 I/Year X319 - <1,650 I/ Quarter (4 times per year) X1,650 - <16,500 1160 Days (6 times per year X16,500 1/month (12 times per ear) WQ0002127 Version 3.0 ATACHMENT A Page 1 of 1