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HomeMy WebLinkAboutWQ0004500_Final Permit_19930930OF WA7FR Michael F. Easley, Govemor `� QG William G. Ross Jr., Secretary �r North Carolina Department of Environment and Natural Resources r y Alan W. Klimek, P.E., Director 0 Y Coleen H. Sullins, Deputy Director Division of Water Quality September 30, 2003 MR. ERIC S. WARNER, JR., PLANT MANAGER ARCHER DANIELS MIDLAND COMPANY 1730 EAST MOORE STREET, S.E. SOUTHPORT, NORTH CAROLiNA 28461 Subject: Permit No. WQ0004500 Archer Daniels Midland Company Southport, NC Manufacturing Facility NitroCTro Distribution Program Distribution of Residual Solids (503 Exempt) Brunswick County Dear Mr. Warner: In accordance with your permit modification application package received on August 15, 2001; your permit renewal application package received on February 5, 2002; as well as the additional information received on December 10, 2001; February 19, 2002; and September 15, 2003; we are forwarding herewith a renewed and modified Permit No, WQ0004500, dated September 30, 2003, to Southport, NC Manufacturing Facility of the Archer Daniels Midland Company (ADM) for the subject residuals distribution/land application program. This permit shall be effective from the date of issuance until August 31, 2008; shall void Permit No. WQ0004500, issued on September 15, 1997; 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 issued to approve the continued operation of the residuals distribution/land application program for another five-year cycle. The Division has also taken this opportunity to make several changes to this permit so that the conditions and limitations contained therein are consistent with other similar programs. As such, 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. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 DENR Customer Service Center An Equal Opportunity Action Employer Internet http:Uh2o.enr.state.nc.us/ndpu Telephone (919) 733-5083 Fax (919) 715-6048 Telephone 1 800 623-7748 50% recycled/10% post -consumer paper Some issues that may be of interest to you include the following: ♦ Several pieces of historic documentation from you make the following statement: "ADM is not a Part 503 regulated land application program, because we segregate our sanitary waste water from our industrial waste waters, and therefore are [sic] not required to permit our application sites. " The fact that the residuals that you generate are not regulated under 40 CFR Part 503 is not the reason why you are not required to -permit individual land application sites. The Division permits and monitors dozens of programs that are exempt from this federal regulation under which specific sites must be approved. Rather, your program is unique in this regard because NitroGro has low pollutant concentrations, should be absent of pathogens, and is a registered fertilizer in the State of North Carolina. ♦ The original permit modification application package requested that Robeson County and Sampson County be included among those counties in which the Division had previously approved NitroGro for distribution/land application. Note that, with the issuance of this permit, the distribution/land application of NitroGro is no longer limited to specific counties. This is an example of a change that the Division has made to this permit so that it is more consistent with other similar program. However, both you and the Division are aware that NitroGro, despite being a registered fertilizer in the State of North Carolina, is quite odiferous and can create nuisance conditions during distribution/land application. Therefore, Condition 1. 2. provides for the development and implementation of a plan that addresses issues such as notification, complaint and nuisance condition resolution, and public education. The plan must be presented to and discussed with the Water Quality Section staff of the Division's Fayetteville Regional Office and Wilmington Regional Office as well as with every regional office in which the program is to be expanded at least 30 calendar days prior to initiating any distribution/land application events in the corresponding region. ♦ Although the Division is aware that NitroGro is a registered fertilizer in the State of North Carolina, it may not be referred to as "biosolids" or as meeting the Class A requirements as stipulated in 40 CFR Part 503 in marketing them to potential recipients. ♦ As a result of Zliscussions initiated after a notice of violation issued on rune 13, 1999 to the contrary, the Division will consider surface application with incorporation to be a subsurface application method (i.e., like injection) for the purpose of buffer establishment. Note, however, that the incorporation must take place within six hours of the application event. In addition, no volatilization of the ammonia -nitrogen present in the NitroGro may be assumed when calculating the plant available nitrogen (PAN) concentration for NitroGro that is applied in this manner. ♦ You may have noted in this permit that you are no longer required to keep track of lifetime loading rates (LLRs) for certain pollutants (i.e., metals). This requirement has been eliminated in exchange for compliance with Condition 1. 9., which requires that NitroGro meets both a ceiling concentration as well as a monthly average concentration for various pollutants. ♦ NitroGro may exhibit high sodium adsorption rations (SAR) as well as low pHs. These characteristics can have a deleterious impact on the agronomic integrity of the sites onto which NitroGro is distributed/Iand applied. Although no longer a specific requirement of this permit, soil sampling of the sites used in this program is recommended to continue, and Condition 11. 19. requires that information and recommendations regarding agronornic issues be provided to landowners and/or lessees/operators. Therefore, please ensure that your program is designed to ensure adherence to this condition. 0) ♦ Staging or field storage of NitroGro is allowed by this permit, as the Division understands that this is the most efficient and effective way to distribute/land apply the product. Condition II. 4. contains the minimum requirements governing how such staging should occur. The Division, however, would like to call your attention to the availability of guidance that has been developed and published by the United States Environmental Protection Agency, entitled "Guide to Field Storage of Biosolids (EPA/832-B-00-007)," which may be downloaded from the web site at http://www.epa.gov/ownutnet/mtbfbiosolids/fsguide/. Note that, even though this document was specifically developed to address the field storage of biosolids, it may have some applicability to staging of organic waste material in general. ♦ The Division has agreed to reduce the frequency of required inspections of the residuals treatment, storage, transport, and application facilities to monthly (i.e., see Condition V. 1.) instead of requiring that such inspections be performed prior to each residuals distribution/land application event. Note, however, that the Division will still hold the Permittee liable for any permit violations that result from malfunctions, deterioration, and operator errors that may have been noticed and resolved as a result of more frequent inspections. 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) 733-5083, extension 353, or via e-mail at shannon.thornburg@ncmail.net. Sincere , for Alan W. Klimek, P.E. cc: Mr. Robert P. Willcox, Jr., Synagro South, Inc. NC Department of Agriculture and Consumer Services -Plant Industry Division (Fertilizer Section) Asheville Regional Office -Water Quality Section Fayetteville Regional Office -Water Quality Section Mooresville Regional Office -Water Quality Section Raleigh Regional Office -Water Quality Section Washington Regional Office -Water Quality Section Wilmington Regional Office -Water Quality Section Winston-Salem Regional Office -Water Quality Section Technical Assistance and Certification Unit Water Quality Central Files NDPU Files NDPU Residuals Program Coordinator 3 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF RESIDUAL SOLIDS (503 EXEMPT) 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 FOR THE continued operation of a residuals distribution/land application program for the Southport, NC Manufacturing Facility of Archer Daniels Midland Company and consisting of the distribution/land application of residuals generated by the residuals source -generating facilities listed in the most recently - certified Attachment A and marketed under the product name NitroGro to unspecified land application sites with no discharge of wastes to surface waters, pursuant to the permit modification application package received on August 15, 2001; the permit renewal application package received on February 5, 2002; as well as the additional information received on December 10, 2001; February 19, 2002; and September 15, 2003; 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 August 31, 2008; shall void Permit No. WQ0004500, issued on September 15, 1997; and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS I. Within 30 calendar days of this permit's issuance, the Permittee shall submit a letter, signed by a principal executive officer of at least the level of vice president with the Permittec, that specifically delegates the new signing official/responsible party for the purpose of this permit's reissuance and subsequent compliance (i.e., Mr. Eric S. Warner, Jr., Plant Manager). One copy of the requested information shall be submitted to the NCDENR-DWQ, Water Quality Section, Non -Discharge Permitting Unit, c/o NDPU Residuals Program Coordinator, 1617 Mail Service Center, Raleigh, NC 27699-1617. 2. Within 90 calendar days of this permit's issuance, the Permittee shall evaluate the residuals' ability to comply with Condition I. 11. Three copies of the evaluation results shall be submitted to the NCDENR-DWQ, Water Quality Section, Non -Discharge Permitting Unit, c/o NDPU Residuals Program Coordinator, 1617 Mail Service Center, Raleigh, NC 27699-1617. Should it be determined that the residuals do not comply with Condition 1. 11., the Permittee shall develop and implement a plan of action to attain such compliance within 360 calendar days of this permit's issuance. If required, three copies of the plan shall be submitted to the NCDENR-DWQ, Water Quality Section, Nan -Discharge Permitting Unit, c/o NDPU Residuals Program Coordinator, 1617 Mail Service Center, Raleigh, NC 27699-1617, The Division shall not initiate enforcement action for failure to comply with Condition I. 11, during this evaluation period or the plan of action development and implementation period, if required. Within 180 calendar days of this permit's issuance, the Permittee shall submit and implement a plan consisting of the following minimum components: a. A mechanism for notifying local governmental officials about the initiation of residuals distribution/land application activities on any land application site being used for the first time. This mechanism shall also include a component that involves notifying local governmental officials about initiation of residuals distribution/land application activities on any existing site (i.e., the site becomes incorporated into the Permittee's program) at least once per permit cycle. b. A mechanism for notifying the Water Quality Section of the appropriate Division of Water Quality (Division) regional office at least monthly prior to the initiation of residuals distribution/land application events that are projected to occur on land application sites within that region's jurisdiction during the month so that the regional office is aware of the event to allow for an inspection to be made of the site and application method if needed. This mechanism shall also include a component that provides for assistance to the regional office with regard to establishing site owner contact information as well as site location and application areas, providing Permittee staff to assist during complaint investigations and compliance inspections, notifying site owners and lesseesloperators that the Division may enter and inspect the site during an investigation without Pem- ittee staff, etc. c. A mechanism for responding, documenting, and resolving complaints regarding nuisance conditions such as the generation and proliferation of odors. This mechanism shall also include a component that provides for notification of the Water Quality Section of the appropriate Division regional office in the event that a complaint is received. d. A regular and consistent program to educate the public, including local governmental officials, about the residuals distribution/land application program as well as the complaint response/resolution mechanism. One copy of the plan shall be submitted to the NCDENR-DWQ, Water Quality Section, Non - Discharge Permitting Unit, c/o NDPU Residuals Program Coordinator, 1617 Mail Service Center, Raleigh, NC 27699-1617. In addition, the Permittee shall provide one copy of the plan to the Water Quality Section of the Division's Fayetteville Regional Office and Wilmington Regional Office and discuss the plan components during a conference between the staff of the regional office, the Permittee.' as well as the Permittee's residuals management firm/consultant. 2 4. The residuals distribution/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. 5. This permit shall become voidable in the event of failure of the residuals distribution/land application program to protect the assigned water quality standards of the surface waters and groundwater adequately. 6. 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 distribution/land application program. 7. In the event that the residuals distribution/land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease distributing/Iand applying residuals, contact the Water Quality Section of the appropriate Division's regional office, and take any immediate corrective actions as may be required by the Division. 8. 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/land application in accordance with this permit. The Permittee shall request and obtain a permit modification from the Division for each additional residuals source -generating facility or each additional product generated by a currently -certified residuals source -generating facility prior to acceptance into the residuals distribution/land application program. 9. Only residuals that are non -hazardous under the Resource Conservation and Recovery Act (RCRA) shall be approved for distribution/land application in accordance with this permit. 10. In order to be distributed/land applied under the conditions of this permit, the pollutant concentrations in any residuals shall not exceed the following Ceiling Concentrations (i.e., dry weight basis) or the following Monthly Average Concentrations (i.e., dry weight basis): Parameter Ceiling Concentration (milligrams per kilogram) Monthly Average Concentration (milligrams per kilogram) Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Mot bdenum 75 n/a Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 3 11. In order to be distributed/land applied under the conditions of this permit, the residuals shall be essentially pathogen -free, as evidenced by the testing of seven separate and representative samples of the residuals for the presence of fecal coliform in accordance with Condition 111. 4. of this permit. Distribution/land application of the residuals shall be strictly forbidden in any sample results in a fecal coliform density of 1,000 most probable number (MPN) or coliform forming units (CM per gram of total dry solids. Note that utilization of the geometric mean shall not be allowed to meet this condition. 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 this requirement. 12. At least 30 calendar days before initiating a residuals distribution/land application event in any of the Division's regions except the Fayetteville and Wilmington regions, the Permittee shall hold a conference between its staff, that of the Water Quality Section of the appropriate Division regional office, as well as that of the Permittea's residuals management firm/consultant to present the Permittee's established notification/complaint action plan, to discuss the plan components, and to determine any region -specific requirements that may be required. II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities and residuals distribution/land application program shall be properly maintained and operated at all times. 2. Upon classification of the residuals distributionflaud application program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified 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. All residuals distributed/land applied under the conditions of this permit shall be distributedlland applied only by a person currently certified as a land application/residuals operator or under the direct supervision of a person currently certified as a land application/residuals operator that is a staff member of either the Permittee or the Permittee's residuals management firm/consultant. 3. Diversion of bypassing of untreated residuals or wastewater from the residuals source - generating facilities listed in the most recently -certified Attachment A shall be prohibited. All leachate and/or liquids from residuals storage areas shall be reused as a wetting agent for the processing of residuals or disposed of through a Division -approved method. 4. No residuals shall be stored at any location other than at the residuals source -generating facilities (i.e., in storage areas that have been approved by the Division through an issued Authorization, to Construct) listed in the most recently -certified Attachment A at any time, unless written approval has first been requested and obtained from the Division. Staging/temporary storage of residuals at a land application site without prior Division approval shall be allowed only if the Pern-&tee adheres to the following criteria: a. Only solid residuals shall be staged. b. Staging areas shall meet the same buffers as for residuals distribution/land application as are stipulated in Condition 11. 6. 4 c. Staging areas shall be selected such that the location is unlikely to create nuisance conditions. d. Appropriate measures small be taken to prevent the direct contact of stormwater with staged residuals or runoff of staged residuals from the staging area. e. Staged residuals shall be distributed/land applied within 24 hours of leaving the residuals source -generating facility unless time extensions are granted by the Water Quality Section of the appropriate Division's regional office due to inclement weather or other justifiable reasons. f. All staged residuals shall be removed from the staging area and appropriately distributed/land applied under the conditions of this permit. The staging area shall be restored to its previous condition. 5. A copy of this permit shall be maintained in all manned equipment at the land application sites when residuals are being distributed/land applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. G. When distributing/land applying residuals under the conditions of this permit, 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 (i.e., executed copies of Form BWAA shall be maintained by the Pennittee for a minimum of five years following the residuals distribution/land application event); 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 (i.e., executed copies of Form BWAA shall be maintained by the Permittee for a minimum of five years following the residuals distribution/land application event); c. 100 feet from any public or private water supply source (i.e., including wells), 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 Iake 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 Iines for both surface and subsurface application methods; 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 i. 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems, and surface drainage ditches for both surface and subsurface application methods. 5 Note that the Division shall consider surface application with incorporation to be a subsurface application method (i.e., like injection) for the purpose of buffer establishment as long as the incorporation takes place within six hours of the application event. However, when residuals are applied in this manner, no volatilization of the ammonia -nitrogen present in the residuals may be assumed when calculating the plant available nitrogen (PAN) concentration. 7. Maximum slope for the distribution/land application of residuals shall be 10 percent for surface application methods and 1S 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 distribution/land application event. Prior to distributing/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 PAN loading rate for the specified crop (i.e., see Condition 11. 11.) 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. 10. A suitable vegetative cover, as listed in Condition 11. 11., shall be maintained on land application sites onto which residuals are distributed/land applied. 11. Residuals and other sources of PAN shall be distributed/land applied to all land application sites at agronomic rates. Under no circumstances shall the following PAN loading rates distributed/land applied to any site exceed the following for the specified crops: PAN PAN Crop (pounds per Crop (pounds per acre per year) acre per year) Alfalfa 200 Millet 180 Bermuda Grass 220 Milo 100 (Hay or Pasture) Blue Grass 120 Small Grain 100 (Wheat, Barley, or Oats) Corn 160 Sorghum or Sudex ISO (Grain) (Pasture) Corn 200 Sorghum or Sudex 220 (Silage) (Silage) Cotton 70 Soybeans 200 Fescue 250 Sudangrass 180 Forest 75 Timothy, Orchard, or 200 (Hardwood or Softwood) 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 summer 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. 12. Adequate provisions shall be taken, to prevent wind erosion and surface runoff from conveying residuals (i.e,, staged/stored or distributed/land applied) from the land application sites onto adjacent properties or into any surface waters. 13. Adequate procedures shall be provided to prevent surface runoff from carrying any staged/stored or distributed/land applied residuals into any surface waters. 14. Surface -applied residuals shall be incorporated within 24 hours after distribution/land application on land application sites with no cover crop established. 15. For land application sites that are prone to flooding or within the 100-year flood elevation, residuals shall be distributed/land applied only during periods of dry weather. The residuals shall be incorporated into the soil within 24 hours after distribution/land application. 16. For land application sites that are dominated by soils series with drainage classes of moderately well drained, as defined by the Natural Resources Conservation Service, and higher, residuals shall not be distributed/land applied during inclement weather or until 12 hours following a rainfall event of 0.5-inch or greater in 24 hours. For land application sites that are dominated by soil series with any other drainage classes, residuals shall not be distributed/land applied during inclement weather or until 24 hours following a rainfall event of 0.5-inch or greater in 24 hours. In either case, residuals shall not be distributed/land applied on areas of ponded/standing water. Any emergency residuals distribution/land application. measures shall first be approved in writing by the Division. 17. Residuals shall not be distributed/land applied to any land application site that is flooded, frozen, or snow-covered. 18. Appropriate measures shall be taken to control public access to the land application sites during active site use. 19. All recipients of the distributed/land applied residuals shall be provided with an information/data sheet that contains the following minimum information: a. The name, address, and telephone number of the person who prepared the residuals. b. The name, address, and telephone number of the person distributing/land applying the residuals. c. A description of the source of the residuals or the process by which the residuals were generated. d. A summary of the results from the most -recent round of residuals sampling/monitoring. e. A summary of the volume of residuals distributed/land applied per acre. 7 f. A summary of the nutrients (i.e., PAN, phosphorus, and potassium) applied per acre. g. A list of recommendations to the recipient of the residuals regarding land application site use, soil testing, pH monitoring and adjustment, exchangeable sodium percentage (ESP) monitoring and adjustment, as well as other relevant agronomic information. 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. Residualsgenerated 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 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/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/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) Pentachlorophcnol (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) Toxapbene (0.5) Chloroform (6.0) Hexachloro-1,3-butadiene (0.5) TrichloroethyIene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0) m-Cresol (200.0) Lead (5.0) 2,4,6-Trichlorophenol (2.0) o-Cresol (200.0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0) p-Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2) Cresol (200.0) Methoxychlor (10.0) 2,4-D (10.0) Methyl ethyl ketone (200.0) 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. A representative 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 Pennittee for a minimum of five years. If residuals generated by a particular residuals source -generating facility are distributed/land applied at a frequency less than that which is specified in the most recently -certified Attachment A of this permit, an analysis shall be required for each residuals distribution/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 distribution/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 I. 11. The monitoring shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results of all analyses shall be maintained on file by the Perrittee for a minimum of five years. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition 1. 11. in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. 5. Laboratory analyses as required by Condition III. 2., Condition III. 3., and Condition III. 4. shall be performed/gathered on the residuals as they are to be distributed/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 211.0800 or 15A NCAC 2H .1100. 6. Proper records shall be maintained by the Permittee tracking all residuals distribution/land application. events. These records shall include, but arc not necessarily limited to, the following information; a. Source/type of residuals; b. Date of residuals distributiontland application; c. Location of residuals distributionfland application (i.e., site owner name, address, and telephone number; approximate site location; site number, etc.); d. Net acreage of land application site; e. Method of residuals land application (i.e., surface, subsurface, etc.); 6 f. Weather conditions (i.e., sunny, cloudy, raining, etc.); g. Soil conditions (i.e., dry, wet, frozen, etc.); h. Type of crop or crops to be grown on site; Volume of residuals distributed/land applied in gallons per acre, dry tons per acre, or kilograms per hectare; j. Volume of animal waste or other sources of nutrients applied in gallons per acre, dry tons per acre, or kilograms per hectare (if applicable); and k. Annual totals of dry tons per acre of residuals as well as animal waste and other sources of nutrients (i.e., if applicable), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each site. 7. Two copies of all required monitoring and reporting requirements as specified in Condition III. 1., Condition 11I. 2., Condition III. 3., Condition III. 4., Condition Ill. 5., and Condition III. 6. shall be submitted annually on or before March 1st of the year following the residuals distribution/land application event to the following address: NCDENR-DWQ Water Quality Section Non -Discharge Compliance/Enforcement Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 In addition to the two copies referenced above, one additional copy shall be provided for each of the Division's regional offices associated with the regions in which residuals distribution/land application events occurred during the previous calendar year. Noncompliance Notification: The Permittee shall report by telephone to the Water Quality Section of the appropriate Division regional office (i.e., see Attachment B), 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 distribution/land application program that results in the distribution/land application of significant amounts of residuals that are abnormal in quantity or characteristic. b. Any failure of the residuals distribution/land application program resulting in a release of material to receiving waters. c. Any time that self -monitoring information indicates that the residuals distribution/land application program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the program was designed. d. Any process unit failure, due to known or unknown reasons, that render the residuals distribution/land application program incapable of adequate residuals treatment. e. Any spillage or discharge from a vehicle or piping system transporting residuals to the land application site. Persons reporting such occurrences by telephone shall also file a written report in letter form within rive 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. 10 IV. GROUNDWATER REQUIREMENTS V. 1. Land Application Site Requirements: No residuals shall be land applied to any land application site when the vertical separation between the depth of residuals distribution/land application and the water table is less than one foot. The actual water table depth shall be verified by soil borings within 24 hours prior to any residuals distribution/land application event. The number of borings advanced shall be sufficient to characterize water table conditions across the site adequately. Any open borings shall be properly filled with native soil, prior to the residuals distribution/land application event, to decrease the chance of any residuals contaminating the groundwater. 2. Applicable Boundary Requirements: a. The COMPLIANCE BOUNDARY for residuals distribution 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 exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L ,0106 (d)(2). 3. Additional Requirements: a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 1. At least once per month, the Permittee or his designee shall inspect the residuals treatment, 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 residuals treatment, storage, transport, and application 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. 11 VI. GENERAL CONDITIONS This permit shall become voidable unless the residuals distribution/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. 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 15A NCAC 2H .0205 (c)(4). 5. 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 NCG010000, and any requirements pertaining to wetlands under 15A NCAC 2B .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. 7. 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 distribution 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 distribution/land application program to change ownership or to change the name of the Pernittee, a formal permit request shall be submitted to the Division along with 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 thirtieth day of September, 2003. NORTH CA A ENVIR ENTAL MANAGEMENT COMMISSION Loy Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0004500 12 ATTACHMENT A - Apyroved Residual Souree-Generating Facilities Permit No. WQ0004500 Archer Daniels Midland Company Southport, NC Manufacturing Facility NitrriGro Distribution Program Owner Facility or Product Name County I Permit Number Issued By Is 503? Maximum Dry Tons Per Year Monitoring Frequency for Condition II1.2. Monitoring Frequency for Condition ill. 3. and Condition III. 4. Approved Mineralization Rate Archer Daniels Midland Company Southport, NCManufacluring Plant ° Brunswick IVC0027065 DWQ non 503 See Below See Below See Below' See Below Archer Daniels Midland Company NitroGro Ib Brunswick NCO027065 DWQ non 503 0.00 Not Required Not Required 0.40 Archer Daniels Midland CompauX NitroGro II` Bruaswick NCO027065 DWQ non 503 44,044.00 Annually Monthly 0A0 Archer Daniels Midland Company NitroGro III`r Brunswick NCO027065 DWQ non 503 16,446.00 Annually Every 60 Da s Q.40 Archer Daniels Midland Company NitroGro IV` Brunswick NCO027065 DWQ non 503 5,014.00 Annually Every 60 Days 0.40 Archer Daniels Midland Company NitroGro Vr Brunswick NCO027065 DWQ non 503 0.00 Not Re iced Not Required 0.40 Total 65,504.00 " Only residuals derived from the treatment of industrial wastewater shall be approved for disc ibution/land application in accordance with this permit. It is the Division's understanding that domestic wastewater generated from the Permittee's Southport, NC Manufacturing Facility is managed separately from industrial wastewater (i.e., treated in a different facility and discharged to a different outfalg. Under no circumstance shall domestic wastewater be introduced to this wastewater treatment plant. A modification to this permit shall be requested to and approved by the Division if there is a desire to combine the domestic and industrial wastewater sources. t This product is generated from the aerobic digestion of indusnial wastewater. This product is generated from the aerobic digestion of industrial wastewater, this product is a biomass that results from the controlled fermentation of sugar to citric acid. ° This product is a biomass that is similar to NitroGro 111, except that sand and grit with a diatomaceous filter aid that were used to facilitate filtration has been added. r This product is a biomass that results from the controlled fermentation of sugar to MSG. Each NitroGro product shall be tested for compliance with Condition 1. 11. prior to each residuals distribution/land application event for the firstcalendar year following this permit's issuance. A residuals distribation/laud application event shall be defined as the time period during which residuals are removed from storage such that the volume has been reduced to a level that is satisfactory to meet the residuals management needs of the Permittee. One set of samples shall be sufficient for each event as long as no additional residuals are added to storage during the event. Any time that additional residuals are added Co storage during an event, another set of samples shall be taken so that compliance with Condition 1. 11. may be verified before the event continues. If the samples from each event taken from the first calendar year complies with the limits set forth in Condition 1. 11., then the monitoring frequency may be reduced to the frequency listed in the table above. Note, however, if the wastewater treatment plant is reseeded from another wastewater treanment plant that treats domestic wastewater for any mason (e.g., upset of the biological process, etc.), the Permittee shrill test prior to each event for another calendar year, and the monitoring frequency may ba reduced only as described above, Permit No. W00004500 Page I of I Certification Date: September 30, 2003 . � J I MILE I��i t, fill] rT4J 0 UbU `ro�J U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY scence for a ifanging 1 wM ISE3Q0-I)OE�3 ROAD CLASSIFICATION — Primary highway, Light -duty road, hard or hard surface improved surface_ Secondary highway, hard surface — Unimproved road — Interstate Route C3 U. S. Route Q State Route ,`ur, N N. C I I QUADRANGLE LOCATION KURE BEACH, N. C. � o 1997 z ====0a y NIMA 5451 IV NW —SERIES V842 a` ') h S I- L I I3 its 3#I # 11 M. (L &0&". 3N I I Attachment B DIVISION OF WATER QUALITY REGIONAL OFFICES Asheville Regional Office Fayetteville Regional Office Mooresville Regional Office WQ Supervisor WQ Supervisor WQ Supervisor 59 Woodfin Place Wachovia Building, Suite 714 919 North Main Street Asheville, NC 28801 Fayetteville, NC 28301 Mooresville, NC 28115 Phone: (828) 251-6208 Phone: (910) 486-1541 Phone: (704) 663-1699 Fax: (828) 251-6452 Fax: (910) 486-0707 Fax: (704) 663-6040 Avery Macon Anson Moore Alexander Lincoln Buncombe Madison Bladen Robeson Cabarrus Mecklenburg Burke McDowell Cumberland Richmond Catawba Rowan Caldwell Mitchell Harnett Sampson Cleveland Stanly Cherokee Polk Hoke Scotland Gaston Union Clay Rutherford Montgomery lredell Graham Swain Haywood Transylvania Henderson Yancey Jackson Raleigh Regional Office WQ Supervisor 3800 Barrett Drive Raleigh, NC 27609 Phone: (919) 571-4700 Fax: (919) 571-4718 Chatham Durham Edgecombe Franklin Granville Halifax Johnston Lee Nash Northampton Orange Person Vance Wake Warren Wilson Winston-Salem Regional Office WQ Supervisor 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 Fax: (336) 771-4630 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga .Davie Wilkes Forsyth Yadkin Guilford Washington Regional Office WQ Supervisor 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 Fax: (252) 946-9215 Beaufort Bertie Camden Chowan Craven Currituck Dare Gates Greene Hertford Hyde Jones Lenoir Martin Pamlico Pasquotank Perquimans Pitt Tyrell Washington Wayne Wilmington Regional Office WQ Supervisor 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910) 395-3900 Fax: (910) 350-2004 Brunswick New Hanover Carteret Onslow Columbus Pender Duplin