WQ0004500_Final Permit_19921223

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
Iames G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
December 23, 1992
Mr. John Kane, Plant Manager
Archer Daniels Midland Company
Post Office Box 10640
Southport, N. C. 28461
Subject: Permit No. WQ0004500
Archer Daniels Midland Company
Southport Facility
Land Application of Nitro Gro Products
Brunswick County
Dear Mr. Kane:
On May 24, 1991, the Division of Environmental Management issued Permit No. WQ0004500 to
Archer Daniels Midland Company (ADM) for the continued operation of its land application program. On
June 26, 1991, the Division received your letter which identified several conditions and requirements in
the permit to which you objected. Additionally, you asked whether a permit is required since you state that
the residuals have been registered by the Department of Agriculture as a fertilizer. While the Division
strongly supports the registration of this material as a fertilizer, registration does not relieve the
requirement for obtaining a permit for its distribution for land application.
On September 24, 1991, the Division transmitted a draft permit to you with a transmittal letter,
which explained the Division's position on the permit at that time and incorporated those modifications that
the Division was willing to make. On December 17 and 18, 1991, representatives from the Division met
with you and personnel from your staff and had the opportunity to visit the ADM facility near Southport
and to visit some of the land application sites. As a result of these meetings, it was decided that ADM
would submit an application package to the Division in support of a request for a permit for the distribution
for land application of the Nitro Gro products that ADM produces. ADM submitted this application on
March 26, 1992, in support of a permit request; therefore, the Division is reissuing a revised Permit No.
WQ0004500, dated December 23, 1992 for the land application of the Nitro Gro products produced by the
ADM Southport facility.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 7041663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Mr. John Kane
December 23, 1992
Page 2
In accordance with the Notice of Withdrawal of Petition that you executed and submitted, this
permit is final and binding and shall be effective from the date of issuance until November 30, 1997, shall
void Permit No. 6150R2, which was issued on March 8, 1988, and shall void Permit No. WQ0004500,
which was issued on May 24, 1991, and subsequently adjudicated, 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 may result in enforcement actions by the Division.
If you need any additional information concerning this matter, please contact Mr. Randy Jones at
919/ 733-5083.
Sincerely,
i/'J't A. Preston Howard, Jr., P.E.
cc: Brunswick County Health Department
Wilmington Regional Office, Water Quality Section
Wilmington Regional Office, Groundwater Section
Jack Floyd, Groundwater Section Central Office
Training and Certification (no revised rating)
Facilities Assessment Unit
Attorney Generals Office (Katherine Jones Cooper, File No. 91 EHR 0965)
Craig Bromby (Hunton and Williams, PO Box 109, Raleigh, NC 27602)

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
Archer Daniels Midland Company
Brunswick County
operation of a distribution and land application program utilizing Archer Daniels Midland Company's
biomass/fertilizer products, which are identified as Nitro Gro I, Nitro Gro II, Nitro Gro III, and Nitro Gro
IV; Nitro Gro I and II are biomasses created by the aerobic digestion of the wastewater influent (does not
include any domestic wastes) from the plant's biochemical production processes (citric acid production),
Nitro Gro III is a biomass which results from the controlled fermentation of sugars to citric acid, and Nitro
Gro IV is the same as Nitro Gro III with the addition of some fine sand and grit with diatomaceous filter
aid added to facilitate filtration; these Nitro Gro products are approved for distribution and land application
to various local area farmlands in Brunswick County and to farmlands in other counties once the
notification requirements of condition 1.12 have been met; and to the ADM leased lands which are known
as the Pfizer property, with no discharge of wastes to the surface waters, pursuant to the application
received on March 26, 1992, 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 November 30, 1997, shall void Permit
No. 6150R2, which was issued on March 8, 1988, and shall void Permit No. WQ0004500, which was
issued on May 24, 1991, and subsequently adjudicated, and shall be subject to the following specified
conditions and limitations:
I. PERFORMANCE STANDARDS
1. This permit shall become voidable if the soils fail to adequately absorb 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.
2. The land application program shall be effectively maintained and operated as a non -
discharge system to prevent the discharge of any Nitro Gro products to the surface waters
due to the operation of this program.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface or groundwaters resulting from the operation of this facility.

4. In the event that the land application program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall cease applying the Nitro Gro products
to the site(s) and take any immediate corrective actions, including the construction of
additional or replacement treatment or utilization/disposal facilities and/or the incorporation
of the material into the soil.
5. Maximum site slope for land application of the Nitro Gro products shall be 10% for surface
application and 18% for subsurface applications.
b. 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 50 feet upon written consent of the owner,
b) 200 feet from residences or places of public assembly under separate ownership for
injection method; however, the buffer zone requirement may be reduced to a
minimum of 50 feet upon written consent of the owner,
c) 100 feet from "SA and SB" classified waters and public surface water supplies for
both methods,
d) 50 feet from "WS" classified waters and other streams, creeks, lakes, rivers, and
surface water drainage ways for injection method,
e) 50 feet from "WS" classified waters and other streams, creeks, lakes, rivers and
surface water drainage ways for surface application method,
f) 50 feet from property lines for surface application,
g) 50 feet from property lines for subsurface injection,
h) 50 feet from public right of ways for surface application methods,
i) 25 feet from public right of ways for subsurface disposal methods,
j) 10 feet from upslope interceptor drains and surface water diversions for both
methods,
k) 25 feet from downslope interceptor drains, surface water diversions, groundwater
drainage systems and surface drainage ditches for both methods,
1) 100 feet from wells, with the exception of an approved groundwater monitoring
well.
7. It is the responsibility of the permit holder to ensure that a copy of this permit and a spill
prevention and control plan shall be made available to all Nitro Gro product transport and
application vehicle operators and to ensure that all such persons are familiar with the
requirements, limitations, and procedures associated with the same.
Specific Nitro Gro product application area boundaries shall be clearly marked on each site
prior to and during application.
9. All storage of the solid Nitro Gro products at the industrial facility shall occur only in the
storage area which was authorized by this Division in an Authorization to Construct, which
was issued on June 15, 1992, or in storage areas which are subsequently approved by the
Division for this purpose. All liquids originating from this storage area shall be routed to
the headworks of the ADM wastewater treatment plant.
10. Appropriate measures shall be taken to prevent the direct contact of stormwater with any
staged material. All such staging should occur in locations that are not likely to create
nuisance situations.
11. When removing any staged Nitro Gro product that has been placed either on an
impermeable surface or in contact with the ground surface, care must be taken to remove all
of the product.
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12. The Wilmington Regional Supervisor, telephone number 919/395-3900, 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 Nitro Oro products in a
county 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.
YT. QPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities and application sites shall be properly maintained and operated at all times.
2. A suitable vegetative cover, as listed in condition U.3, shall be scheduled and maintained
for the application site in accordance with the crop management plan approved by this
Division.
3. The application rates shall not exceed the following for the specified crops:
`rop
PAN (lbs/acre/year)
Wheat
100
Barley
100
Milo
100
Oats
100
Corn
200
Fescue Grass
250
Coastal Bermuda Grass
350
Soy Beans
150
Canola
100
Millet
180
Sudan Grass
180
Sorghum
120
In the case of second cropping in the same agronomic year, a soil fertility test shall be
performed to determine the PAN requirements for the second crop; however, in no case
shall more than 75% of the above PAN rates be applied. In no case shall the PAN
application rates exceed a value which will result in the contravention of the groundwater
quality standards in 15A NCAC 2L. Additional crops may be approved, upon request to
the Division.
4. The following Nitro Gro products from the ADM Southport facility are approved for
distribution and land application in accordance with this permit:
Estimated
Product
Volume tons ear
Nitro Gro I
38,000
Nitro Gro II
42,000
Nitro Gro III
17,000
Nitro Gyro IV
8,000
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5. The lifetime heavy metal
loadings shall
not exceed the following for the corresponding
Cation Exchange Capacities (CEC):
Lifetime --Loadings
(lbslacre)
Parameter
CEC < 5
CEC 5 - 15
CEC > 15
Lead
500
1000
2000
Zinc
250
500
1000
Copper
125
250
500
Nickel
125
250
500
Cadmium
4.5
9
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6. Land application operations that have been previously classified by the Water Pollution
Control System Operators Certification Commission (Certification Commission) will retain
that classification, unless notification is received from the Certification Commission that the
classification has changed. Facilities that have not previously been classified will remain
unclassified until notification is received from the Certification Commission. Upon
classification of the subject water pollution control system or land application operation by
the Certification Commission the Permittee shall employ a certified water pollution control
system operator to be in responsible charge (ORC) of the water pollution control system or
land application operation. The operator must hold a certificate of the type and grade at least
equivalent to or greater than the classification assigned to the water pollution control system
or land application operation by the Certification Commission. The Permitter: must also
employ a certified back-up operator of the appropriate type and grade to comply with the
conditions of Title 15A, Chapter 8A, .0202. The ORC of the water pollution control
system or land application operation must visit each Class I system or operation at least
weekly and each Class II, TIT, and IV system or operation at least daily, excluding
weekends and holidays, and must properly manage and document daily operation and
maintenance of the water pollution control system or land application operation and must
comply with all other conditions of Title 15A, Chapter 8A, .0202.
7. Adequate procedures shall be provided to prevent surface runoff from carrying any land
applied or staged Nitro Gro products onto adjacent property or into any surface waters.
8. For land application sites without established cover crops, under normal operating
conditions (i. e., weekday and dry weather), the solid Nitro Gro Product must be
delivered, applied and incorporated into the soil within 36 hours of movement of the Nitro
Gro Product from the ADM plant site. To provide for scheduling on weekends and
holidays, as well as for periods of extended inclement weather, 72 hours will be allowed
under these conditions for the combined delivery, application and incorporation of the Nitro
Gro Product. If justifiable time extensions are needed due to inclement weather, ADM
must receive prior approval from the Wilmington Regional Water Quality Supervisor. In
all instances, the appropriate measures must be taken to prevent the occurrence of nuisance
conditions.
9. For land application sites with established cover crops, the solid Nitro Gro Product must be
delivered and applied within 36 hours of movement of the Nitro Gro Product from the
ADM plant site.- If justifiable time extensions are needed due to inclement weather, ADM
must receive prior approval from the Wilmington Regional Water Quality Supervisor. In
all instances, the appropriate measures must be taken to prevent the occurrence of nuisance
conditions.
rd

10. For areas that are prone to flooding, Nitro Gro products may be applied only during
periods of dry weather. The solid Nitro Gro products must be incorporated into the soil on
these sites within thirty-six (36) hours of land application. When the United States
Weather Service has issued warnings that a hurricane or tropical storm may within the next
36 hours make landfall in Brunswick County, N. C., Nitro Gro product may not be
applied to lands below the 100 year flood elevation until the hurricane or tropical storm has
passed or until the warnings are rescinded.
11. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying Nitro Gro products onto the adjacent property or into the surface waters.
12. Nitro Gro products shall not be applied to fields that are dominated by soils which are
classified by the Soil Conservation Service as poorly drained, except during periods of low
rainfall or dry weather.
13. For soils which are classified by the Soil Conservation Service as very poorly drained
soils, liquid Nitro Gro products shall not be applied in inclement weather or until 24 hours
following a rainfall event of 1/2-inch or greater in 24 hours. For sandy soils, land
application can commence 3 hours after a precipitation event. In both instances, land
application shall not occur on areas of standing water. Any emergency Nitro Gro product
application measures must first be approved by the Division of Environmental
Management.
III. MQNITORING AND REPQRTING REQUIREMENTS
Monitoring (including groundwater, surface water, Nitro Gro product, soil, or plant tissue
analyses) deemed necessary by the Division of Environmental Management to insure
protection of the environment will be established and an acceptable sampling and reporting
schedule shall be followed. If monitoring data indicates minimal or no concern to the
Division, monitoring requirements may be reduced by the Division upon request by ADM
after two annual reporting periods so long as there has been no significant change in the
process.
2. ADM shall maintain field activity records for a minimum of five years from the date of the
distribution or application of Nitro Gro products_ These records shall include, but are not
necessarily limited to the following information:
a) type of Nitro Gro product
b) date of application
c) location of application (site, field, or zone #)
d) method of application
e) weather conditions
f) soil conditions
g) type of crop to be grown on field
h) quantity of Nitro Gro product applied in dry tons/acre
i) weekly nitrogen and total solids assays of Nitro Gro products
j) calculated associated PAN (or actual PAN as determined by N.C.D.A.)
k) annual and cumulative totals of dry tons/acre of Nitro Gro product and annual
pounds/acre of PAN applied to each field.
1) net acreage of application area utilized
5

3. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted
for each site which receives Nitro Gro product 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:
% Base Saturation
Magnesium
Phosphorus
Potassium
Lead
Zinc
pH
Nitrogen
Manganese
Cation Exchange Capacity
Sodium
Nickel
Cadmium
Copper
Calcium
4. A quarterly analysis of each Nitro Gro product being land applied during the quarter and an
annual Toxicity Characteristics Leaching Procedure (TCLP) analysis of each Nitro Gro
product being land applied during the year shall be conducted by the Permittee and the
results maintained on file by the Permittee for a minimum of five years. The Division will
consider modifying the analysis and testing requirements after two annual reporting
periods, depending upon the results that are obtained and so long as there has been no
significant change in the process. The Nitro Gro product analysis shall include but is not
necessarily limited to the following parameters:
total solids
Magnesium
Chlorides
Sulfate
Phosphorus
Potassium
Lead
Zinc
Copper
Nickel
Cadmium
Chromium
Sodium
Calcium
Total Nitrogen
Ammonia Nitrogen
Nitrate/Nitrite Nitrogen
pH
Plant Available Nitrogen (by calculation or actual PAN as determined by
N.C.D.A.)
The TCLP analysis shall include the following parameters:
Arsenic
Barium
Benzene
Cadmium
Carbon tetrachloride
Chlordane
Chlorobenzene
Chloroform
Chromium
o-Cresol
m-Cresol
p-Cresol
Cresol
2,4-D
1,4-Dichlorobenzene
1,2-Dichloroethane
1,1-Dichloroethylene
2,4-Dinitrotoluene
Endrin
Heptachlor (and its hydroxide)
Hexachlorobenzene
Hexachloro-1,3-butadiene
Hexachloroethane
Lead
Lindane
Mercury
Methoxychlor
Methyl ethyl ketone
Nitrobenzene
Pentachlorophenol
Pyridine
Selenium
Silver
Tetrachloroethylene
Toxaphene
Trichloroethylene
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
2,4,5-TP (Silvex)
Vinyl chloride
0

5 . Three copies of all monitoring and reporting requirements, as specified in conditions III.1,
III.2, 111.3, IHA, and III.5, shall be submitted annually on or before March 1 of the
following year to the following address:
NC Division of Environmental Management
Water Quality Section
Facility Assessment Unit
PO Box 29535
Raleigh, NC 27626-0535
6. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone
number 919/395-3900, 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 land
application of significant amounts of Nitro Gro product which are abnormal in
quantity or characteristic.
b. Any failure of the land application program resulting in a release of Nitro Gro
product 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 ADM
facility incapable of producing Nitro Gro product that is consistent with the permit
application.
e. Any spillage or discharge from a vehicle or piping system transporting Nitro Gro
product to the application site.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 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.
IV. GRQUNDWATER _REQUIREMENTS
Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.
2. No land application of Nitro Gro products shall be undertaken when the seasonal high
water table is less than one foot below land surface.
7

V . INSPECTIONS
1. The Permittee or his designee shall inspect, at least quarterly, all Nitro Gro product storage,
transport, and application, equipment and facilities to prevent malfunctions and
deterioration, operator errors, and discharges which may cause or lead to the release of
Nitro Gro products to the environment, a threat to human health, or a nuisance. The
Permittee shall keep an inspection log or summary including at least the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken
by the Permittee. This log of inspections shall be maintained by the Permittee for a period
of three years from the date of the inspection and shall be made available upon request by
the Division of Environmental Management or other permitting authority.
2. Any duly authorized officer, employee, or representative of the Division of Environmental
Management may, upon presentation of credentials, enter and inspect any property, related
to the application program 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; or may obtain samples of groundwater, surface water,
or leachate.
V L GENERAL CONDITIONS
1. This permit shall become voidable unless the land application activities are carried out in
accordance with the conditions of this permit and in the manner approved by this Division.
2. This permit is effective only with respect to the nature and volume of Nitro Gro products
described in the permit application and other supporting data.
3. This permit is not transferable. In the event 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 Environmental Management accompanied by an application fee,
documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of this request will be considered on its merits and may or may
not be approved.
4. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Environmental Management in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
5. The annual administering and compliance fee must be paid by the Permittee within thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to -revoke this permit as specified by 15A NCAC 2H .0205
(c)(4).
6. 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.
7. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
ADM land application program, and if warranted, will extend the permit for such period of
time and under such conditions and limitations as it may deem appropriate.
8. This permit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division of Environmental Management deems
necessary in order to adequately protect the environment and public health.
8

9. The distribution, transporting, and land application of Nitro Gro products associated with
this permit must be performed by ADM or its contractor.
Permit issued this the 23rd day of December, 1992
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
A. Preston Howard, Jr., P.E., Acting Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit No. WQ0004500
9