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HomeMy WebLinkAboutWQ0002379_Final Permit_20050519ok W ATEA Michael F Easley, Governor C� Q William G. Ross Jr., Secretary 'Cl North Carolina Department of Environment and Natural Resources C* Alan W. Klimek, P.E. Director p Division of Water Quality May 19, 2005 ARTIIURJ. TOOMPAS, ENVIRONMENTAL ENUNEER CONE DENIM, L.L.C. 2420 FAIRVIEW STREET GREENSBORO, NORTH CAROLINA 27405 Subject: Permit No. WQ0002379 Cone Denim, L.L_C. Cliffside Plant Residuals Land Application Program Land Application of Residual Solids (503) Rutherford County Dear Mr. Toompas: In accordance with your permit name/ownership change request received on March 14, 2005 as well as the additional information received on April 27, 2005; we are forwarding herewith a modified Permit No. WQ0002379, dated May 19, 2005, to the Cone Denim, L.L.C. for the subject residuals land application program. This permit shall be effective from the date of issuance until February 28, 2010; shall void Permit No. WQ0002379, issued to Cone Mills Corporation on March 15, 2005; and shall be subject to the conditions and limitations as specified therein. Make note of this permit's expiration date and the fact - that a permit renewal application is due to the Division of Water Quality (Division) no later than six months prior to that date (i.e., see Condition VI. 7.), as the Division does not send reminders to apply for permit renewal. This permit is being modified to reflect the fact that the ownership as well as permit compliance responsibility of Cliffside Plant transferred from Cone Mills Corporation to Cone Denim, L.L.C., an operating subsidiary of International Textile Group, Inc., on August 2, 2004 following a sale following bankruptcy proceedings that began in 2003 and a merger with another company in 2004. Note that the NPDES permit for the Cliffside Plant (i.e., Permit No. NC0004405) has not been reissued to Cone Denim, L-L.C. as of yet; however, a permit name/ownership change request has been submitted to and is currently in review by the Division's NPDES West Unit. As always, remember to take the time to review this permit thoroughly, as some of the conditions contained therein may have been added, changed, or deleted since the last issuance. Pay particular attention to the monitoring requirements in this permit. This residuals land application program is no longer exempt from 40 CFR Part 503 due to the contribution of domestic wastewater to the Cliffside Plant. Therefore, this permit is written) to meet the requirements of 40 CFR Part 503 rather than 40 CFR Part 257 as in the previous permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. No°° hCarolina Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service IvatArr'711l, hiternet: http:Nh2c.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748 Fax (919) 715-6048 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Mr. Arthur J. Toonipas May 19, 2005 Page 2 If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the from 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, North Carolina 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need any additional information concerning this matter, please contact Ms. Shannon Mohr Thornburg by telephone at (919) 715-6167, or via e-mail at shannon.thornburg@ncmail.net. Sincerely, r' Lor Alan W. Klimek, P.E. cc: Mr. Jonathan E. Hill, Synagro South, Inc. Rutherford County Health Department Cleveland County Health Department Asheville Regional Office -Aquifer Protection Section Mooresville Regional Office -Aquifer Protection Section Technical Assistance and Certification Unit APS Central Files APS Files LAU Residuals Program Coordinator NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF RESIDUAL SOLIDS (503) 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 Cone Denim, L.L.C. Rutherford County FOR THE continued operation of a residuals land application program for Cone Denim, L.L.C. and consisting of the land application of residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A to the land application sites listed in the most recently -certified Attachment B with no discharge of wastes to surface waters, pursuant to the permit name/ownership change request received on March 14, 2005 as well as the additional information received on April 27, 2005; and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until February 28, 2010; shall void Permit No. WQ0002379, issued to Cone Mills Corporation on March 15, 2005; and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS The residuals 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 - This permit shall become voidable if the soils of the land application sites fail to assimilate the residuals adequately and may be rescinded unless the land application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface waters and groundwater. 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 residuals land application program. 4. In the event that the residuals Iand application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease land applying residuals to the site, contact the Aquifer Protection Section of the appropriate Division of Water Quality's (Division) regional office, and take any immediate corrective actions as may be required by the Division_ 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 land application in accordance with this permit. 6. The pollutant concentrations in any residuals that are land applied to any land application site shall not exceed the following Ceiling Concentrations (i.e., dry weight basis): Parameter Ceiling Concentration (milligrains per kilo rain) Arsenic 75 Cadmium 85 Copper 4,300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 Selenium 100 Zinc 7,500 When residuals are land applied under the conditions of this permit, 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 shall be perfonned 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. Only the land application sites listed in the most recently -certified Attachment B of this permit are approved for residuals land application. 9. This permit shall become voidable unless the agreements between the Permittee and the landowners and lessees or operators of any land application sites listed in the most recently - certified Attachment B of this permit not owned by the Permittee are in full force and effect. These agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed at the same time the permit is renewed. 10. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be notified at least 24 hours prior to the initial residuals land application event to any new land application site. In addition, the appropriate county manager's office shall be notified prior to the initial residuals land application event on any new site so that they will be aware that residuals land application activities have commenced on the site. 2 11. The Aquifer Protection Section of the appropriate Division's regional office shall be notified at least 24 hours prior to the initial residuals land application event on any new land application site. Such notification to the Regional Aquifer Protection Supervisor shall be made during normal office hours (i.e., from 8:00 a.m. until 5.00 p.m.) between Monday and Friday, but excluding State Holidays. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web site at http://h2o.enr.state_ne.us/ndpu/. II. OPERATION AND MAINTENANCE REQUIREMENTS The facilities and land application sites shall be properly maintained and operated at all times. Upon classification of the residuals land application 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 .0202, 3. No residuals shall be stored at any land application site at any time, unless written approval has first been requested and obtained from the Division. 4. A copy of this permit shall be maintained in all manned equipment at the land application sites when 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. When land applying residuals to any land application site, the following buffer zones shall be maintained at all times: a. 400 feet from residences or places of public assembly under separate ownership for surface application methods; however, the buffer zone requirement 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; b. 200 feet from residences or places of public assembly under separate ownership for subsurface application methods; however, the buffer zone requirement 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; 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; 3 g. 50 feet from public right of ways for both surface and subsurface application methods; h. 10 feet from upslope interceptor drains and surface water diversions for both surface and subsurface application methods; and 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems, and surface drainage ditches for both surface and subsurface application methods. Some of the buffers specified above may not have been included in previous permits for this residuals land application program. However, any land application sites that are listed in the most recently -certified Attachment B of this permit, but were approved with different buffers shall be retlagged to comply with these buffers. 6. Maximum slope for land application of residuals shall be 10 percent for surface application methods and 18 percent for subsurface application methods. Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a residuals land application event. 8. The metal loading rates on any land application site shall not exceed the following Cumulative Pollutant Loading Rates (CPLRs): Parameter CPLR (kilograms per hectare) CPLR founds per acre Arsenic 41 36 Cadmium 39 34 Copper 1,500 1,338 Lead 300 267 Merculy 17 15 Molybdenum nla n/a Nickel 420 374 Selenium 100 89 Zinc 2,800 2,498 9. An acceptable pH shall be maintained in the soil, residuals, and lime mixture, greater than 6.0, on all land application sites onto which residuals are land applied to ensure optimum yield for the crops specified in Condition II. 13. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 10. Should any of the residuals generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit contain a high salt content (i.e., high sodium adsorption ratio (SAR) of five or higher), the exchangeable sodium percentage (ESP) or other method as approved by the Division, using the results from the annual soils analysis as required by this permit, shall be monitored on all of the land application sites. The local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina-Iicensed Soil Scientist, or other agronomist shall review the results and make recommendations regarding soil amendments (e.g., gypsum, etc.) or other ameliorative mechanism for maintaining the integrity of the site in terms of suitability for land application of residuals and maintaining conditions conducive to crop growth. The Permittee shall implement such recommendations accordingly and shall maintain written records of each monitoring event that includes details of the sites covered and rate of soil amendment application. 4 11. Prior to land applying residuals to any land application site that has previously received or is intended to receive animal waste (e.g., poultry litter, etc.) or other source of nutrients (e.g., fertilizer, etc.) in the future, the Permittee shall obtain information pertaining to the volume and analysis of the applied waste/nutrients from the landowner and/or lessee/operator of the site. The Permittee shall be responsible for verifying the volume of residuals that may be land applied to the site such that the plant available nitrogen (PAN) loading rate for the specified crop (i.e., see Condition II. 13.) shall not be exceeded by all of the sources of PAN applied. Should the maximum PAN loading rate be met or exceeded, then no additional residuals shall be land applied to the site. 12. A suitable vegetative cover, as listed in Condition Il. 13., shall be maintained on land application sites onto which residuals are land 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 other agronomist and as approved by the Division. 13. Residuals and other sources of PAN shall be land applied to all land application sites at agronomic rates in accordance with the crop management plan outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. Under no circumstances shall the following PAN loading rates land applied to any site exceed the following for the specified crops: The Permittee shall apply for and receive a modification of this permit before land applying residuals on any land application site that is to be established in a crop other than those listed above. A maximum PAN loading rate for the desired crop shall be approved with the permit modification. If the land application sites are to be overseeded (e.g., bermuda grass in the surmner and rye grass in the winter with BOTH crops to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will essentially be returned to the soil. Residuals shall not be land applied at rates greater than agronomic rates, unless authorized by the Division. PAN PAN Crop (pounds per Crop (pounds per acre per ear) acre er year) Alfalfa 200 Forest 75 (Hardwood or Softwood) Bermuda Grass 220 Milo 100 (Hay or Pasture) Blue Grass I20 Small Grain 100 (Wheat, Barley, or Oats) Corn 160 Sorghum or Sudex 180 (Grain) (Pasture) Corn 200 Sorghum or Sudex 220 (Silage) Sila e) Cotton 70 Soybeans 200 Fescue 250 Timothy, Orchard, or 200 Rye Grasses The Permittee shall apply for and receive a modification of this permit before land applying residuals on any land application site that is to be established in a crop other than those listed above. A maximum PAN loading rate for the desired crop shall be approved with the permit modification. If the land application sites are to be overseeded (e.g., bermuda grass in the surmner and rye grass in the winter with BOTH crops to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will essentially be returned to the soil. Residuals shall not be land applied at rates greater than agronomic rates, unless authorized by the Division. 14. Animals shall not be grazed on any land application site for 30 days after any residuals land application event. Sites that are to be used for grazing shall have fencing that will be used to prevent access after each event. 15. Food crops, feed crops, and fiber crops that do not come in contact with the residuals shall not be harvested for 30 days after any residuals land application event. 16. 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.) shall not be harvested for 14 months after any residuals land application event. 17. Food crops with harvested parts below the surface of the land (i.e., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after any residuals land application event when the residuals remain on the land surface for four months or longer prior to incorporation into the soil. 18. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after any residuals land application event when the residuals remain on the land surface for less than four months prior to incorporation into the soil. 19. Turf shall not be harvested for one year after any residuals land application event. 20. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into any surface waters. 21. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored residuals into any surface waters. 22. Surface -applied residuals shall be plowed or disced within 24 hours after land application on land application sites with no cover crop established. 23. For land application sites that are prone to flooding or within the 100 -year flood elevation, residuals shall be land applied only during periods of dry weather. The residuals shall be incorporated into the soil within 24 hours after land application. 24. Residuals shall not be land applied during inclement weather or until 24 hours following a rainfall event of 0.5 -inch or greater in 24 hours. Any emergency residuals land application measures shall first be approved in writing by the Division. 25. Residuals shall not be land applied to any land application site that is flooded, frozen, or snow-covered. 26. Appropriate measures shall be taken to control public access to the land application sites during active site use and for the 12 -month period following the last residuals Iand application event. Such controls may include the posting of signs indicating the activities being conducted at each site. 0 III. MONITORING AND REPORTING REQUIREMENTS 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 he 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 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 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 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. 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 -Diehl oroethylene (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-1,3-butadiene (0.5) Trichloroethylene (0.5) Chromium (5.0) HexachIoroethane (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) After the residuals have been monitored as specified above 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 request a reduction of this monitoring requirement. In no case, however, shall the frequency of monitoring be less than once per permit cycle. 7 An analysis shall be conducted on residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit. 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. If residuals generated by a particular residuals source -generating facility are land applied at a frequency less than that which is specified in the most recently -certified Attachment A of this pennit, an analysis shall be required for each residuals land application event. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Ammonia -Nitrogen Arsenic Cadmium Calcium Copper Lead Magnesium Mercury Molybdenum Nickel Nitrate -Nitrite Nitrogen Percent Total Solids PH Phosphorus Potassium Selenium Sodium Total Kjeldahl Nitrogen Zinc 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. 4. Residuals generated by each residuals source -generating facility listed in the most recently - certified Attachment A of this permit shall be monitored for compliance with Condition 1. 7. 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 reduction requirements in 40 CFR Part 503.32(a) or the Class B pathogen reduction requirements and site restrictions in 40 CFR Part 503.32(b) as well as one of vector attraction reduction requirements in 40 CFR Part 503.33. 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 quarterly 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 I. 7. in the most recently -certified Attachment A of this pennit shall not be required to comply with this monitoring requirement. Laboratory analyses as required by Condition 111. 2., Condition III. 3., and Condition III. 4. shall be performed/gathered on the residuals as they are to be land applied. Furthermore, analytical determinations made pursuant to the monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 2H .0800 or 15A NCAC 211 .1100. 6. Proper records shall be maintained by the Permittee tracking all residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number); d. Method of land application; e. Weather conditions (i.e., sunny, cloudy, raining, etc.); f. Soil conditions (i.e., dry, wet, frozen, etc.); g. Type of crop or crops to be grown on field; h. Volume of residuals land applied in gallons per acre, dry tons per acre, or kilograms per hectare; i. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or kilograms per hectare (if applicable); j. Volume of soil amendments (i.e., Iime, gypsum, etc.) applied in gallons per acre, dry ton per acre, or kilograms per hectare (if applicable); and k. Annual and cumulative totals of dry tons per acre of residuals as well as animal waste and other source of nutrients residuals (i.e., if applicable), annual and cumulative pounds per acre of each heavy metal (i.e., shall include, but shall not be limited to, arsenic, 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. A representative annual soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site on which a residuals land application event in the respective calendar year has occurred or is to occur, and the results shall be 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 Exchangeable Sodium Percentage (by calculation) Calcium Magnesium Phosphorus Cation Exchange Capacity Manganese Potassium Copper Percent Humic Matter Sodium Base Saturation (by calculation) pH Zinc 8. Three copies of all required monitoring and reporting requirements as specified in Condition III. 1., Condition Ill. 2., Condition III. 3., Condition HI. 4., Condition III. 5., Condition 111, 6., and Condition 111. 7. shall be submitted annually on or before March 1 st of the year following the residuals land application event to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 0 Noncompliance Notification: The Permittee shall report by telephone to the Aquifer Protection Section of the Division's Mooresville Regional Office at telephone number (704) 663-1699 for events in Cleveland County or to the Aquifer Protection Section of the Division's Asheville Regional Office at telephone number (828) 296-4500 for events in Rutherford County, 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 residuals land application program that results in the land application of significant amounts of residuals that are abnormal in quantity or characteristic. b. Any failure of the residuals land application program resulting in a release of material to receiving waters. c. Any time that self-monitoring information indicates that the residuals land application program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the program system was designed. d. Any process unit failure, due to known or unknown reasons, that render the residuals land application program incapable of adequate residuals 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 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. IV. GROUNDWATER REQUIREMENTS I . Land Application Site Reguire_ments: a. Each land application site identified with a GW -A in the most recently -certified Attachment B of this permit is dominated by soils with a mean seasonal high water table greater than three feet below the land surface. Residuals land application events may occur on these sites throughout the year. b. Each land application site identified with a GW -B in the most recently -certified Attachment B of this permit is dominated by soils with a mean seasonal high water table between one and three feet below the land surface_ Residual land application events on these sites shall be prohibited from December through March, inclusive_ No residuals shall be land applied to these sites when the vertical separation between the depth of residuals land application and the water table is less than three feet. The actual water table depth for seasonally -restricted soils shall be verified by soil borings within 24 hours prior to any residuals land application event that occurs from April through November, inclusive. The number of borings advanced shall be sufficient to characterize water table conditions across the land application site adequately. Any open borings shall be properly filled with native soil, prior to the residuals land application event, to decrease the chance of any residuals contaminating the groundwater. 10 ADDlicable Boundary Requirements: a. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each 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. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action according to 15A NCAC 2L.0106 (d)(2). b. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedanee of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0I06 (d)(2). 3. Additional Requirements: Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS 1. Prior to each residuals land application event, the Permittee or his designee shall inspect the residuals storage, transport, and application 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 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 or other permitting authority, upon request. 2. 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 1. This permit shall become voidable unless the residuals land application events 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. 11 4. The annual administering and compliance fee shall be paid by the Permittee 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 2H .0205 (c)(4). The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG0100000, and any requirements pertaining to wetlands under 15A NCAC 213 .0200 and 15A NCAC .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. The Permittee, at least six months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Division shall review the adequacy of the facilities and residuals land application program described therein, and if warranted, shall extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. This permit shall not be automatically transferable. In the event that there is a desire for the residuals land application 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 ningteenth day of May, 2005. NORTH 2 AL MANAGEMENT COMMISSION for Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0002379 12 ATTACHMENT A - Aimroved Residual Source -Generating Facilities Permit No. WQ0002379 Cone Denim, L.L. C. Cliffside Plant Residuals Land Application Program Owner Facility Name County Permit Number Issued By Is Spa' Maximum Monitoring Monitoring Frequencyl i Approved Dry Tons .Frequency far for Condition III. 3. Mineralization Per Year Condition III. 2. and Condition III. 4. Rate Cone Denim, L.L.C." Cliffside Plant Rutherford NCO004405 DWQ 503 280.00 Annually Annually 4.30 Total I I I I 1 1 280.00 As of this permit's issuance, NPDES Permit No. NCO004405 has not been officially transferred from Cone Mills Corporation to Cone Denim, L.L.C. However, a ownership transfer request was received by the Division on April 27, 2005 in response to an additional information request dated March 24, 2005. This request has been forwarded to the Division's NPDES West Unit for review. Permit No. WQ0002379 Page I of I Certification Date: May 19, 2005 ATTACHMENT B - Approved Land Application Sites Permit No. WQ0002379 Cone Denim, L. L. C. Cliffside Plant Residuals Land Application Program Site/Field ID Landowner Lesseel0perator County Latitude Longitude Net Acreage Applicable Restriction in Condition IV. 1. NC -CL -06-01 Moore, Edna Randolph, Perry Cleveland 35.17.25 81.41.51 4.50 GW -A NC -CL. 06-02 Moore, Edna Randolph, Perry Cleveland 35.17.30 81.41.51 11.00 GW -A NC -CL -06-03 Moore, Edna Randolph, Perry Cleveland 35.17.19 81.41.50 18.10 GW -A Total For County Cleveland 33.60 NC -RU -07-01 S ratt, Raleigh M. Rutherford 35.21.53 81.46.26 5,00 GW -A NC -RU -07-02 S ratt, Raleigh M. Rutherford 35.21.46 81.46.22 6.60 GW -A NC -RU -07-03 5 ratt, Raleigh M. Rutherford 35.21.15 81.45.57 42.00 GW -A NC -RU -11-01 Jenkins, Annie Jenkins, Donald G. Rutherford 35.16.58 81.46.16 8.10 GW -A NC -RU -1 1-02 Jenkins, Annie Jenkins, Donald G. Rutherford 35.17.08 81.46.27 11.00 GW -A NC -RU -11-03 Jenkins, Annie Jenkins, Donald G. Rutherford 35.16.51 81.46.29 12.80 GW -A NC -RU -16-01 Hunt, Clarence D. Rutherford 35,18.38 81.46.34 16.50 GW -A NC -RU -19-01 Hines, Terry W. Rutherford 35.12.00 81.48.14 6.50 GW -A NC -RU -19-02 Hines, Terry W. Rutherford 35.11 .58 81.48.20 9.00 GW -A NC -RU -20-01 Hines, Merlin Rutherford 35.12.01 81.48.42 7.20 GW -A NC -RU -21-04 B. E. Holland Farm Holland, Edwin Rutherford 35.18.38 81.48.1 1 11.80 GW -A NC -RU -21-05 B. E. Holland Fann Holland, Edwin Rutherford 35.18.27 81.48.10 38.00 GW -A NC -RU -22-01 Baldwin, Earl Pannell, Kenneth G. Rutherford 35.17.17 81.45.46 4.40 GW -A NC -RU -22-02 Baldwin, Earl Pannell, Kenneth G. Rutherford 35.17.16 81.45.34 6.90 GW -A NC -RU -22-03 Baldwin, Earl Pannell, Kenneth G. Rutherford 35.17.06 81.45.32 12.20 1 GW -A NC -RU -23-01 Pannell, Kenneth G. Rutherford 35.17.50 81.45.31 12.70 GW -A NC -RU -23-03 Pannell, Kenneth G. Rutherford 35.17.50 81.45.31 4.20 GW -A NC -RU -23-04 Pannell, Kenneth G. Rutherford 35.17.50 81.45. 15 6.20 GW -A NC -RU -23-05 Pannell, Mary Rutherford 35.17.41 81.45.21 19.00 GW -A NC -RU -23-08A Curtis, Wa ne Pannell. Kenneth G. Rutherford 35.17.50 81.45.38 5.30 1 GW -A NC -RU -23-08B Wall, Bratcher Martin Pannell, Kenneth G. Rutherford 35.17.50 81.45.38 1.50 G W -A NC -RU -23-08C Pannell, Ronnie W. Pannell, Kenneth G. Rutherford 35.17.50 81.45.38 2.20 GW -A NC -RU -23-09 York, Judy Pannell, Kenneth G. Rutherford 35.22.13 81.46.29 16.70 GW -A NC -RU -23-10 York, Judy Pannell, Kenneth G. Rutherford 35,T2, 10 81.46.14 12.50 GW -A NC -RU -23-11 York, Judy Pannell, Kenneth G. Rutherford 35.22.08 81.46.34 7.50 GW -A NC -RU -23-12 Robbins, Thomas M. Pannell, Kenneth G. Rutherford 35.12.53 81.48.47 21.50 GW -A NC -RU -24-01 Stewart, Joseph Rutherford 35.12.25 81.47.26 69.00 GW -A NC -RU -24-02 Stewart, Joseph Rutherford 35.12.08 81.47.23 4.50 GW -A NC -RU -24-03 Stewart, Joseph Rutherford 35.12.07 81.47.18 49.10 GW -A NC -RU -28-01 Holland, Edwin B. Rutherford 35.17.16 81.47.43 22.00 GW -A NC -RU -28-02 Holland, Edwin B. Rutherford 35.17.25 81.47.38 15.40 GW -A Total For County Rutherford 467.30 Total I 1 500.90 Permit No. WQ0002379 Page l of l Certification Date: May 19, 2005