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HomeMy WebLinkAboutWQ0005458_Final Permit_20010611State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Kerr T. Stevens, Director June 11, 2001 MR R.R. RAY, III BASF CORPORATION-WILMINGTON SITE 101 VITAMIN DRIVE WILMINGTON NC 28401 4 • An NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No_ WQ0005458 BASF Corporation Land Application of Wastewater Residuals New Hanover County Dear Mr_ Ray: In accordance with your name change request received on December 28, 2000, we are forwarding herewith Permit No. WQ0005458 dated June 11, 2001 to BASF Corporation for the operation of a wastewater residuals land application program.. This permit shall be effective from the date of issuance until March 31, 2002, shall void Permit No. WQ0005458 issued September 21, 1998, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring and reporting requirements contained in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. If you need additional information concerning this matter, ase contact Ms 733-5083 extension 556. Sin r y, �A J 4—' Kerr T. Stevens cc: New Hanover County Health Department Pender County Health Department Wilmington Regional Office, Water Quality Section Wilmington Regional Office, Groundwater Section Bob Cheek, Groundwater Section, Central Office Technical Assistance and Certification Unit (no revised rating) Non -Discharge Compliance/Enforcement Unit Thelma Williams at (919) 1617 Mail Service Center Raleigh nc 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper w NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT 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 BASF Corporation New Hanover County FOR THE operation of a wastewater residuals land application program using a solid set sprinkler system. The program consisting of the application of approximately 204.2 dry tons per year of residuals from the sources listed in Condition II. 5., to approximately 24.81 acres of land in New Hanover and Pender Counties with no discharge of wastes to the surface waters, pursuant to the correction request received on May 13, 1998, 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 March 31, 2002 shall void Permit No. WQ0005458 issued September 21, 1998, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS l _ This permit shall become voidable if the soils fail to adequately assimilate the wastes and may be rescinded unless the sites are maintained and operated in a manner which will protect the assigned water quality standards of the surface waters and ground waters. 2. The land application program shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. 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 program. 4. In the event that the land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease applying residuals to the sites and take any immediate corrective actions as may be required by the Division of Water Quality (Division). Some of the buffers specified below may not have been included in previous permits for this land application operation. However, any sites or fields that are included in this permit, but were approved with different applicable buffers shall be reflagged to comply with the below buffers. The following buffer zones shall be maintained: II. a) 400 feet from residences or places of public assembly under separate ownership for surface application method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the appropriate regional office, b) 200 feet from residences or places of public assembly under separate ownership for subsurface residual injection method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and the appropriate regional office, c) 100 feet from any public or private water supply source, waters classified as SA or SB, and any Class I or Class II impounded reservoir used as a source of drinking water for both methods, d) 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for surface application, e) 50 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal waters and any other lake or impoundment for subsurface application, f) 50 feet from property lines for both surface and subsurface application methods; Cr g) 50 feet from public right of ways for both application methods, h) I0 feet from upslope interceptor drains and surface water diversions for both application methods, i) 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems and surface drainage ditches for both application methods. 6. A copy of this permit shall be maintained at the land application site when residuals are being applied during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. Specific residual application area boundaries shall be clearly marked on each site prior to and during application. 8. No residuals at any time shall be stored at any application site, unless approval has been requested and obtained from the Division. q. Maximum slope for residual application shall be 10% for surface application and 18% for subsurface applications. OPERATION AND MAINTENANCE REQUIREMENTS I. The facilities and application sites shall be properly maintained and operated at all times. 2. A suitable vegetative cover, as listed in condition H 4, shall be maintained in accordance with the crop management plan outlined by the Iocal Extension Office, the Department of Agriculture, the Natural Resource Conservation Service, or other agronomist, and approved by this Division. 3_ An acceptable pH must be maintained in the soil, residual and lime mixture, greater than 6.0, on all land application sites to insure optimum yield for the crop(s) specified below. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 4. The application rates shall not exceed the following for the specified crops: Crop PAN (lb./acre/yr.) Crop PAN (Ib./acre/yr.) Alfalfa 200 Forest (Hardwood & Softwood) 75 Bermuda Grass (Hay, Pasture) 220 Milo 100 Blue Grass 120 Small Grain (Wheat, barley, oats) 100 Corn (Grain) 160 Sorghum, Sudex (Pasture) 180 Corn (Silage) 200 Sorghum, Sudex (Silage) 220 Cotton 70 Soybeans 200 Fescue 250 Timothy, Orchard, & Rye Grass 200 Bermuda Grass (Coastal) 350 If the approved land application sites are to be double cropped (i.e. a crop in the spring and a second crop in the fall, with BOTH crops to receive wastewater residuals), then the second crop shall receive an application of nutrients at a rate of no greater than 100 lbs/acre/yr. This practice will 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 wastewater residuals shall be applied to these fields because the nitrogen will essentially be returned to the soil. 5. No residuals other than the following are hereby approved for land application in accordance with this permit: Permit Volume Source _._ _ County Number (dry tons year) Takeda Vitamin & Food USA, Inc. New Hanover NCO059234 204.2 6. The metal loading rates shall not exceed the following Cumulative Pollutant loading rates: Parameter Kilogram per Hect_ar Pounds per Acre Arsenic 41 36 Cadmium 39 34 Copper 1,500 1,338 Lead 300 267 Mercury 17 15 Molybdenum ---- ---- Nickel 420 374 Selenium 100 89 Zinc 2,800 2,498 7. The pollutant concentrations in the residuals which will be applied to the land shall not exceed the following Ceiling Concentrations (Dry Weight Basis): Parameter Mg/k Arsenic 75 Cadmium 85 Copper 4,300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 Selenium 100 Zinc 7,500 8. Upon classification of the facility by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall employ a certified land application/residuals operator to be in responsible charge (ORC) of the land application program. The operator must hold a certificate of the type classification assigned to the land application program by the WPCSOCC. The Permittee must also employ a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 9A .0202. 9. Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored residuals into any surface waters. 10. Surface applied residuals will be plowed or disced within twenty-four (24) hours after application on lands with no cover crop established. 11. For areas that are prone to flooding or within the 100-year flood elevation, residuals may be applied only during periods of dry weather. The residuals must be incorporated into the soil within twenty-four (24) hours after application. 12. Appropriate measures must be taken to control public access to the land application sites during active site use and for the 12-month period following the last residual application event. Such controls may include the posting of signs indicating the activities being conducted at each site. 13. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from the residuals application area onto the adjacent property or into any surface waters. 14. Residuals shall not be applied in inclement weather or until four hours following a 1/2-inch rainfall event or eight hours following a 1-inch or greater rainfall event in a 24-hour period. In no case shall residuals be applied if residuals or water are ponding on the application area. Any emergency residuals disposal measures trust first be approved by the Division. 15. Residuals shall not be applied to any land application site that is flooded, frozen or snow-covered. 16. Residuals shall not be applied at rates greater than agronomic rates, unless authorized by the Division. 17. Animals shall not be grazed on an application site for 30 days after residuals application. Application sites that are to be used for grazing shall have fencing that will be used to prevent access after each application. 18. Food crops, feed crops and fiber crops that do not come in contact with the residuals shall not be harvested for 30 days after residuals application. 14. Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (ex. tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after residuals application. 20. Food crops with harvested parts below the surface of the land (root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after application of residuals when the residuals remain on the land surface for four (4) months or longer prior to incorporation into the soil. 21. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of residuals when the residuals remain on the land surface for less than four (4) months prior to incorporation into the soil. 22. Turf shall not be harvested for 1 year after residuals application if the turf is to be placed on land with a high potential for public exposure. III. MONITORING AND REPORTING REQUIREMENTS i. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to insure protection of the environment will be established and an acceptable sampling and reporting schedule shall be followed. 2. Proper records shall be maintained by the Permittee tracking all application activities. These records shall include, but are not necessarily limited to the following information: a. source of residuals b. date of residual application c. location of residual application (site, field, or zone) d. method of application e. weather conditions (sunny, cloudy, raining, etc.) f. soil conditions a_ type of crop or crops to be grown on field h. volume of residuals applied in gallons/acre, dry tons/acre or kilograms/hectare i. annual and cumulative totals of dry tons/acre of residuals, annual and cumulative pounds/acre of each heavy metal (which shall include, but not be limited to cadmium, copper, lead, nickel, and 4 zinc), annual pounds/acre of plant available nitrogen (PAN), and annual pounds/acre of phosphorus applied to each field. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted on each site receiving residuals in the respective calendar year and the results maintained on file by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Manganese Potassium Calcium Percent Humic Matter Sodium Copper pH Zinc Magnesium Phosphorus Base Saturation (by calculation) Cation Exchange Capacity 4. A residuals analysis will be conducted annually from the date of permit issuance by the Permittee and the results maintained on file by the Permittee for a minimum of five years. If land application occurs at a frequency less than annually a residuals analysis will be required for each instance of Iand application. The residuals analysis shall include but is not necessarily limited to the following parameters: Arsenic Cadmium Calcium Copper Lead Mercury Nickel Magnesium Molybdenum Aluminum Ammonia -Nitrogen Nitrate -Nitrite Nitrogen Total Solids pH Phosphorus Potassium TKN Selenium Sodium Zinc Plant Available Nitrogen (by calculation) S. A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the Permittee annually. The TCLP analysis shall include the following parameters (please note the regulatory level in mg/L in parentheses): Arsenic (5.0) Cadmium (1.0) Chlorobenzene (100.0) o-Cresol (200.0) Cresol (200.0) 1,2-Dichloroethane (0.5) Endrin (0.02) Hexachlorobenzene (0.13) Lead (5.0) Methoxychlor (10.0) Pentachlorophenol (100.0) Silver (5.0) Trichloroethylene (0.5) 2,4,5-TP (Silvex) (1.0) Barium (100.0) Benzene (0.5) Carbon tetrachloride (0.5) Chlordane (0.03) Chloroform (6.0) Chromium (5.0) m-Cresol (200.0) p-Cresol (200.0) 2,4-D (10.0) 1,4-Dichlorobenzene (7.5) 1, 1 -Diehl oroethylene (0.7) 2,4-Dinitrotoluene (0.13) Heptachlor (and its hydroxide) (0.005) Hexachloro-1,3-butadiene (0.5) HexachIoroethane (3.0) Lindane (0.4) Mercury (0.2) Methyl ethyl ketone (200.0) Nitrobenzene (2.0) Pyridine (5.0) Selenium (1.0) Tetrachloroethylene (0.7) Toxaphene (0.5) 2,4,5-Trichlorophenol (400.0) 2,4,6-Trichlorophenol (2.0) Vinyl chloride (0.2) 7. Three copies of all required monitoring and reporting requirements as specified in conditions III 1, III 2, I1I 3, 1114, and III 5 shall be submitted annually on or before March 1 of the following year to the following address: NC Division of Water Quality Water Quality Section Non -Discharge Compliance/Enforcement Unit Post Office Box 29535 Raleigh, North Carolina 27626-0535 Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 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 Iand application program which results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to receiving waters. Any time that self -monitoring information indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residual treatment. e. Any spillage or discharge from a vehicle or piping system transporting residuals to the application site. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. GROUNDWATER RE UIREMENTS 1. Monitor wells MW-ISF, MW-4SF, MW-5SF, MW-6SF, and MW-7SF, shall be sampled every March, July, and November for the following parameters: Water Level Chloride pH Total Dissolved Solids (TDS) Ammonia Nitrogen Total Organic Carbon (TOC) Nitrate (NO3) Zinc Orthophosphate *Methanol *Acetone *Isoprophyl Alcohol Volatile Organic Compounds - In November only using one of the following: (A) Standard Method 6230D, PQL at 0.5 ug/L or less (B) Standard Method 6210D, PQL at 0.5 ug/L or less (C) EPA Method 8021, Low Concentration, PQL at 0.5 ug/L or less (D) EPA Method 8260, Low Concentration, PQL at 0.5 ug/L or less (E) Another method with prior approval by the Groundwater Section Chief Any method used must meet the following qualifications: (1) A laboratory must be DWQ certified to run any method used- (2) The method used must, at a minimum, include all the constituents listed in Table VIII of Standard Method 6230D. (3) The method used must provided a PQL at 0.5 ug/L or less which must be supported by laboratory proficiency studies as required by the DWQ Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL at 0.5 ug/L must be qualified (estimated) and reported. * To be sampled in November only, utilizing EPA methods with detection limits sufficient to meet North Carolina Groundwater Standards. If any volatile organic compounds are detected by the methods listed, then the Wilmington Regional Office Groundwater Supervisor, telephone number (910) 395-3900, must be contacted immediately for further instructions regarding any additional follow-up analyses required. The results of all initial and follow-up analyses must be submitted simultaneously. The measurement of water levels must be made prior to sampling for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. If TOC concentrations greater than 10 mg/1 are detected in any downgradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/l, this concentration will be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient wells shall be subject to the additional sampling and analysis as described above. The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form) by the Groundwater Section, Permits and Compliance Unit, P.O. Box 29578 Raleigh, N.C. 27626-0578 on or before the last working day of the month following the sampling month. 2. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 3. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under General Statute 143-215.6A(a)(1). In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require remediation action on the part of the permittee. V. INSPECTIONS L The Permittee or his designee shall inspect the residuals storage, transport, and application facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division 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 application site or facility at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS This permit shall become voidable unless the land application activities are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by this Division. 2. This permit is effective only with respect to the nature and volume of wastes described in the application and other supporting data. 3. This permit is not automatically transferable. In the event that there is a desire for the facilities to change ownership or a name change of the Permittee, a formal permit request must be submitted to the Division 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. The following are approved sites for residuals application (see attached map[s]): Application Area [acres] Site No. Owner/Lessee(excluding buffers Takeda Vitamin & Food USA, Inc. 6.75 2 Takeda Vitamin & Food USA, Inc. 18.06 TOTAL AVAILABLE ACRES 24.81 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 Statute 143-215.6A to 143-215.6C. 6. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205 (c)(4). 7. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances which may be imposed by other government agencies (local, state, and federal) which have jurisdiction_ 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 facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. This permit may be modified, or revoked and reissued to incorporate any conditions, Iimitations and monitoring requirements the Division deems necessary in order to adequately protect the environment and public health. Permit issued this the eleventh day of June, 2001 NORTHACAROLIN ENVIRONMENTAL MANAGEMENT COMMISSION ,Kerr T. Stevens., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0005458