HomeMy WebLinkAboutWQ0006147_Final Permit_20070406�0� WA7-, Michael F. Easley, Governor
,Q William G. Ross Jr., Secretary
Q) North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
April 6, 2007
MICHAEL BLISS — VP OF OPERATIONS
BUTTERBALL, LLC OF MOUNT OLIVE
P. 0. BOX 589
MT. OLIVE, NC 28365
Subject: Permit No. WQ0006147
Butterball, LLC Residuals Land
Application Program
Land Application of Residual Solids (503 Exempt)
Duplin County
Dear Mr. Bliss:
In accordance with your name change application package received on March 2, 2007 we are
forwarding herewith a renewed Permit No. WQ0006147, dated April 6, 2007, to Butterball, LLC of
Mount Olive for the subject residuals land application program.
This permit shall be effective from the date of issuance until February 28, 2010; shall void Permit
No. WQ0006147, issued on March 11, 2005; and shall be subject to the conditions and limitations as
specified therein. Make note of this permit's expiration date and the fact that a permit renewal
application is due to the Division of Water Quality (Division) no later than six months prior to that date
(i.e., see Condition VI. 7.), as the Division does not send reminders to apply for permit renewal.
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 Mr. Matthew
Fleahman by telephone at (919) 715-6173, or via e-mail at matthew.fleahman ncmail.net.
Sincerely f
for Alan W. Klimek, P.E.
cc: Duplin County Health Department
Wilmington Regional Office -Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
LAU Files
ne
N,46f Carojina
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service uNatkila`ly
Internet: httpJlh2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748
Fax (919) 715-6048
An Equal Opportunity/Affirmative Action Emp€ayer— 50% Recycled/10% Post Consumer Paper
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
LAND APPLICATION 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
Sutterball LLC, of Mount Olive
Duplin County
f1 .1".
continued operation of a residuals land application program for Butterball LLC, of Mount OIive and
consisting of the land application of residuals generated by the residuals source -generating facilities listed
in the most recently -certified Attachment A to the land application sites listed in the most recently -
certified Attachment B with no discharge of wastes to surface waters, pursuant to the permit renewal
application package received on April 2, 2002 as well as the additional information received on July 8,
2002; September 20, 2002; October 1, 2002; October 6, 2002: February 23, 2004; and January 12, 2005;
and in conformity with the project plan, specifications, and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until February 28, 2010, shall void Permit
No. WQ0006147, issued on March 11, 2005; and shall be subject to the following specified conditions
and limitations:
I. PERFORMANCE STANDARDS
The residuals land application program shall be effectively maintained and operated as a non -
discharge system to prevent the discharge of any wastes resulting from the operation of this
program.
This permit shall become voidable if the soils of the land application sites fail to assimilate
the residuals adequately and may be rescinded unless the land application sites are maintained
and operated in a manner that will protect the assigned water quality standards of the surface
waters and groundwater.
The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface waters or groundwater resulting from the operation of this residuals land application
program.
4. In the event that the residuals land application program is not operated satisfactorily,
including the creation of nuisance conditions, the Permittee shall cease land applying
residuals to the site, contact the Aquifer Protection Section of the appropriate Division of
Water Quality's (Division) regional office, and take any immediate corrective actions as may
be required by the Division.
5. No residuals other than those generated by the residuals source -generating facilities listed in
the most recently -certified Attachment A of this permit shall be approved for land application
in accordance with this permit.
6. When residuals are land applied under the conditions of this permit, the Class B pathogen
requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduced
Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix II shall be met. Additionally, an
evaluation shall be performed that demonstrates the residuals' ability to comply with, this
requirement. Upon request, a copy of this evaluation, including all test results and
calculations, shall be submitted. Only residuals that are generated by the residuals source -
generating facilities that are identified as being exempt from this condition in the most
recently -certified Attachment A shall not be required to comply with the specified pathogen
reduction requirement.
7. Only the land application sites listed in the most recently -certified Attachment B of this
permit are approved for residuals land application.
8. This permit shall become voidable unless the agreements between the Permittee and the
landowners and lessees or operators of any land application sites listed in the most recently -
certified Attachment B of this permit not owned by the Permittee are in full force and effect.
These agreements shall be considered expired concurrent with the expiration date of the
permit and shall be renewed at the same time the permit is renewed.
The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be
notified at least 24 hours prior to the initial residuals land application event to any new land
application site. In addition, the appropriate county manager's office shall be notified prior to
the initial residuals land application event on any new site so that they will be aware that
residuals land application activities have commenced on the site.
10. The Aquifer Protection Section of the appropriate Division's regional office shall be notified
at least 24 hours prior to the initial residuals land application event on any new land
application site. Such notification to the Regional Aquifer Protection Supervisor shall be
made during normal office hours (i.e., from 8:00 a.m. until 5:00 p.m.) between Monday and
Friday, but excluding State Holidays. A list of the Division's regional offices, their county
coverage, and their contact information may be downloaded from the web site at
http://h2o.enr.state.nc.us/ndpu/.
II. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities and land application sites shall be properly maintained and operated at all
times.
2
2. Upon classification of the residuals land application program by the Water Pollution Control
System Operators Certification Commission (WPCSOCC), the Permittee shall designate a
certified land application/residuals operator to be in responsible charge (ORC) of the
program. The operator shall hold a certificate of the type classification assigned to the
program by the WPCSOCC. The Permittee shall also designate a certified back-up operator
of the appropriate type to comply with the conditions of 15A NCAC 8G .0202.
3. No residuals shall be stored at any land application site at any time, unless written approval
has first been requested and obtained from the Division.
4. A copy of this permit shall be maintained in all manned equipment at the land application
sites when residuals are being land applied during the life of this permit. A spill prevention
and control plan shall be maintained in all residuals transport and application vehicles.
5. When land applying residuals to any land application site, the following buffer zones shall be
maintained at all times:
400 feet from residences or places of public assembly under separate ownership for
surface application methods; however, the buffer zone requirement may be reduced to a
minimum of 100 feet upon written consent of the owner and approval from the Aquifer
Protection Section of the appropriate Division's regional office in Attachment B of this
permit;
b. 200 feet from residences or places of public assembly under separate ownership for
subsurface application methods; however, the buffer zone requirement may be reduced to
a minimum of 100 feet upon written consent of the owner and approval from the Aquifer
Protection Section of the appropriate Division's regional office in Attachment B of this
permit;
100 feet from any public or private water supply source, waters classified as SA or SB,
and any Class I or Class 11 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;
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.
Some of the buffers specified above may not have been included in previous permits for this
residuals land application program. However, any land application sites that are listed in the
most recently -certified Attachment B of this permit, but were approved with different buffers
shall be reflagged to comply with these buffers.
6. Maximum slope for land application of residuals shall be 10 percent for surface application
methods and 18 percent for subsurface application. methods.
7. Specific residuals land application area boundaries shall be clearly marked on each land
application site prior to and during a residuals land application event.
8. The lifetime loading rates (LLRs) of heavy metal loadings rates on any land application site
shall not exceed the following for the corresponding soil cation exchange capacities (CEC):
Parameter
LLR for a Site
with CECs C5
ounds er acre)_(pounds
LLR for a Site
with CECs 5 to 15
per acre
LLR for a Site
with CECs >15
pounds per acre)
Cadmium
4.5
9
18
Copper
125
250
500
Lead
500
1,000
2,000
Nickel
125
250
500
Zinc
250
500
1,000
9. An acceptable pH shall be maintained in the soil, residuals, and lime mixture, greater than
6.0, on all land application sites onto which residuals are land applied to ensure optimum
yield for the crops specified in Condition II. 13. The agronomist shall provide information
on the pH best suited for the specified crop and the soil type.
10. Should any of the residuals generated by the residuals source -generating facilities listed in
the most recently -certified Attachment A of this permit contain a high salt content (i.e., high
sodium adsorption ratio (SAR) of five or higher), the exchangeable sodium percentage (ESP)
or other method as approved by the Division, using the results from the annual soils analysis
as required by this permit, shall be monitored on all of the land application sites. The local
Cooperative Extension Office, the Department of Agriculture and Consumer Services, the
Natural Resource Conservation Service, a North Carolina -licensed Soil Scientist, or other
agronomist shall review the results and make recommendations regarding soil amendments
(e.g., gypsum, etc.) or other ameliorative mechanism for maintaining the integrity of the site
in terms of suitability for land application of residuals and maintaining conditions conducive
to crop growth. The Pcrmittee shall implement such recommendations accordingly and shall
maintain written records of each monitoring event that includes details of the sites covered
and rate of soil amendment application.
11. Prior to land applying residuals to any land application site that has previously received or is
intended to receive animal waste (e.g., poultry litter, etc.) or other source of nutrients (e.g.,
fertilizer, etc.) in the future, the Permittee shall obtain information pertaining to the volume
and analysis of the applied waste/nutrients from the landowner and/or lessee/operator of the
site. The Permittee shall be responsible for verifying the volume of residuals that may be
land applied to the site such that the plant available nitrogen (PAN) loading rate for the
specified crop (i.e., see Condition H. 13.) shall not be exceeded by all of the sources of PAN
applied. Should the maximum PAN loading rate be met or exceeded, then no additional
residuals shall be land applied to the site.
11
12. A suitable vegetative cover, as listed in Condition II. 13., shall be maintained on land
application sites onto which residuals are land applied in accordance with the crop
management plan outlined by the local Cooperative Extension Office, the Department of
Agriculture and Consumer Services, the Natural Resource Conservation Service, or other
agronomist and as approved by the Division.
13. Residuals and other sources of PAN shall be land applied to all land application sites at
agronomic rates in accordance with the crop management plan outlined by the local
Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer
Services, the Natural Resource Conservation Service, or other agronomist. Under no
circumstances shall the following PAN loading rates land applied to any site exceed the
following for the specified crops:
PAN
PAN
Crop
(pounds per
Crop
(pounds per
acre per ear)
acre er year)
Alfalfa
200
Forest
75
(Hardwood or Softwood)
Bermuda Grass
220
Milo
100
(Hay or Pasture)
Blue Grass
120
Small Grain
100
(Wheat, Barley, or Oats)
Corn
160
Sorghum or Sudex
180
(Grain)
(Pasture)
Corn
200
Sorghum or Sudex
220
(Silage)
(Silage)
Cotton
70
Soybeans
200
Fescue
250
Timothy, Orchard, or
200
Rye Grasses
The Perrnittee 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 Iong as the second crop is to be harvested. If the second crop is to be
planted for erosion control only and is to be tilled into the soil, then no residuals shall be land
applied to these sites because the PAN will essentially be returned to the soil.
Residuals shall not be land applied at rates greater than agronomic rates, unless authorized by
the Division.
14. Animals shall not be grazed on any land application site for 30 days after any residuals land
application event. Sites that are to be used for grazing shall have fencing that will be used to
prevent access after each event.
15. Food crops, feed crops, and fiber crops that do not come in contact with the residuals shall
not be harvested for 30 days after any residuals land application event.
16. Food crops with harvested parts that touch the residual/soil mixture and are totally above the
land surface (e.g., tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14
months after any residuals land application event.
17. Food crops with harvested parts below the surface of the land (i.e., root crops such as
potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after any residuals land
application event when the residuals remain on the land surface for four months or longer
prior to incorporation into the soil.
18. Food crops with harvested parts below the surface of the land shall not be harvested for 38
months after any residuals land application event when the residuals remain on the land
surface for less than four months prior to incorporation into the soil.
19. Turf shall not be harvested for one year after any residuals land application event.
20. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying residuals from the land application sites onto adjacent properties or into any
surface waters.
21. Adequate procedures shall be provided to prevent surface runoff from carrying any land
applied or stored residuals into any surface waters.
22. Surface -applied residuals shall be plowed or disced within 24 hours after land application on
land application sites with no cover crop established.
23. For land application sites that are prone to flooding or within the 100-year flood elevation,
residuals shall be land applied only during periods of dry weather. The residuals shall be
incorporated into the soil within 24 hours after land application.
24. Residuals shall not be land applied during inclement weather or until 24 hours following a
rainfall event of 0.5-inch or greater in 24 hours. Any emergency residuals land application
measures shall first be approved in writing by the Division.
25. Residuals shall not be land applied to any land application site that is flooded, frozen, or
snow-covered.
26. Appropriate measures shall be taken to control public access to the land application sites
during active site use and for the 12-month period following the last residuals land
application event. Such controls may include the posting of signs indicating the activities
being conducted at each site.
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.
C+
2. Residuals generated by each residuals source -generating facility listed in the most -recently -
certified Attachment A of this permit shall be analyzed to demonstrate that they are non-
hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity,
ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure
(TCLP) analysis shall be conducted on residuals generated by each residuals source -
generating facility listed in the most recently -certified Attachment A of this permit. The
analyses shall be performed at the frequency specified in the most recently -certified
Attachment A of this permit, and the results shall be maintained on file by the Permittee for a
minimum of five years. If residuals generated by a particular residuals source -generating
facility are land applied at a frequency less than that which is specified in the most recently -
certified Attachment A of this permit, the analyses shall be required for each residuals land
application event. The TCLP analysis shall include the following parameters (i.e., note the
regulatory level in milligrams per liter in parentheses):
Arsenic (5.0)
1,4-Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2--Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
1,1 Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5) Endrin (0.02)
Silver (5.0)
Chlordane (0,03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide) (0.008)
Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5-Trichlorophenol (400.0)
m-Cresol (200.0)
Lead (5.0)
2,4,6-Trichlorophenol (2.0)
o-Cresol (200.0)
Lindane (0.4)
2,4,5-TP (Silvex) (I.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.
An analysis shall be conducted on residuals generated by each residuals source -generating
facility listed in the most recently -certified Attachment A of this permit. The analysis shall
be performed at the frequency specified in the most recently -certified Attachment A of this
permit, and the results shall be maintained on file by the Permittee for a minimum of five
years. If residuals generated by a particular residuals source -generating facility are land
applied at a frequency less than that which is specified in the most recently -certified
Attachment A of this permit, an analysis shall be required for each residuals land application
event. The analysis shall include, but shall not necessarily be limited to, the following
parameters:
Aluminum
Ammonia -Nitrogen
Cadmium
Calcium
Copper
Lead
Magnesium
Nickel
Nitrate -Nitrite Nitrogen
Percent Total Solids
pH
Phosphorus
Potassium
Sodium
Total Kjeldahl Nitrogen
Zinc
Plant Available Nitrogen
(by calculation)
7
After the residuals generated by a particular residuals source -generating facility have been
monitored for two years at the frequency specified in the most recently -certified Attachment
A of this permit, the Permittee may submit a request to the Division for a permit modification
to reduce the frequency of this monitoring requirement. In no case, however, shall the
frequency of this monitoring be less than once per year when a residuals land application
event of residuals generated by the residuals source -generating facility occurs during that
year.
4. Residuals generated by each residuals source -generating facility listed in the most recently -
certified Attachment A of this permit shall be monitored for compliance with Condition I. 6.
The monitoring shall be performed at the frequency specified in the most recently -certified
Attachment A of this permit, and data to verify pathogen reduction of the residuals shall be
maintained on file by the Permittee for a minimum of five years. The required data shall be
specific to the stabilization process utilized, but should be sufficient to clearly demonstrate
compliance the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process
to Significantly Reduced Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix H. Only
residuals that are generated by the residuals source -generating facilities that are identified as
being exempt from Condition I. 7. in the most recently -certified Attachment A of this permit
shall not be required to comply with this monitoring requirement.
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 land applied. Furthermore,
analytical determinations made pursuant to the monitoring and reporting requirements of this
permit shall be made by a laboratory certified by the Division for the required parameter(s)
under 15A NCAC 2H .0800 or 15A NCAC 2H .1100.
6. Proper records shall be maintained by the Permittee tracking all residuals land application
events. These records shall include, but are not necessarily limited to, the following
information:
a. Source of residuals;
b. Date of land application;
c. Location of land application (i.e., site, field, or zone number);
d. Method of land application;
e. Weather conditions (i.e., sunny, cloudy, raining, etc.);
f. Soil conditions (i.e., dry, wet, frozen, etc.);
g. Type of crop or crops to be grown on field;
h. Volume of residuals land applied in gallons per acre, dry tons per acre, or kilograms per
hectare;
i. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per
acre, or kilograms per hectare (if applicable);
j. Volume of soil amendments (i.e., lime, gypsum, etc.) applied in gallons per acre, dry ton
per acre, or kilograms per hectare (if applicable); and
k. Annual and cumulative totals of dry tons per acre of residuals as well as animal waste and
other source of nutrients residuals (i.e., if applicable), annual and cumulative pounds per
acre of each heavy metal (i.e., shall include, but shall not be limited to, arsenic, copper,
lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN,
and annual pounds per acre of phosphorus applied to each field.
7. A representative annual soils analysis (i.e., Standard Soil Fertility Analysis) shall be
conducted on each land application site on which a residuals land application event in the
respective calendar year has occurred, and the results shall be maintained on file by the
Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall include,
but is not necessarily limited to, the following parameters:
Acidity Exchangeable Sodium Percentage (by calculation)
Calcium Magnesium Phosphorus
Cation Exchange Capacity Manganese Potassium
Copper Percent Humic Matter Sodium
Base Saturation (by calculation) pH Zinc
& Three copies of all required monitoring and reporting requirements as specified in Condition
III. 1., Condition 111. 2., Condition III. 3., Condition 111. 4., Condition III, 5., Condition III, 6.,
and Condition 111. 7. shall be submitted annually on or before March 1st of the year following
the residuals land application event to the following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
9. Noncompliance Notification:
The Permittee shall report by telephone to the Aquifer Protection Section of the Division's
Wilmington Regional Office at telephone number (910) 796-7215, as soon as possible, but in
no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence with the residuals land application program that results in the land
application of significant amounts of residuals that are abnormal in quantity or
characteristic.
b. Any failure of the residuals land application program resulting in a release of material to
receiving waters.
c. Any time that self -monitoring information indicates that the residuals land application
program has gone out of compliance with the conditions and limitations of this permit or
the parameters on which the program system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the residuals land
application program incapable of adequate residuals treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals to the
application site.
Persons reporting such occurrences by telephone shall also file a written report in letter forth
within five days following first knowledge of the occurrence. This report shall outline the
actions taken or proposed to be taken to ensure that the problem does not recur.
E
TV. GROUNDWATER REQUIREMENTS
Land Annlication Site Requirements:
a. Each land application site identified with a GW-A in the most recently -certified
Attachment B of this permit is dominated by soils with a mean seasonal high water table
greater than three feet below the land surface. Residuals land application events may
occur on these sites throughout the year.
b. Each land application site identified with a GW-B in the most recently -certified
Attachment B of this permit is dominated by soils with a mean seasonal high water table
between one and three feet below the land surface. Residual land application events on
these sites shall be prohibited from December through March, inclusive. No residuals
shall be land applied to these sites when the vertical separation between the depth of
residuals land application and the water table is less than three feet. The actual water
table depth for seasonally -restricted soils shall be verified by soil borings within. 24 hours
prior to any residuals land application event that occurs from April through November,
inclusive. The number of borings advanced shall be sufficient to characterize water table
conditions across the land application site adequately. Any open borings shall be
properly filled with native soil, prior to the residuals land application event, to decrease
the chance of any residuals contaminating the groundwater.
2. Applicable Boundary Reguirements:
a. The COMPUkNCE BOUNDARY for residuals land application programs is specified
by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards").
The Compliance Boundary for each land application site is established at either 250 feet
from the residuals land application area or 50 feet within the property boundary,
whichever is closest to the residuals land application area. An exceedance of
Groundwater Quality Standards at or beyond the Compliance Boundary is subject to
immediate remediation action according to 15A NCAC 2L .0106 (d)(2).
b. The REVIEW BOUNDARY shall be established around each land application site
midway between the Compliance Boundary and the perimeter of the residuals land
application area. Any exceedance of Groundwater Quality Standards at the Review
Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(2).
Additional Requirements:
a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
Prior to each residuals land application event, the Permittee or his designee shall inspect the
residuals storage, transport, and application facilities to prevent malfunctions and
deterioration, operator errors, and discharges that may cause or lead to the release of wastes
to the environment, a threat to human health, or a nuisance. The Permittee shall maintain an
inspection log or summary including at least the date and time of inspection, observations
made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of
inspections shall be maintained by the Permittee for a period of five years from the date of the
inspection and shall be made available to the Division or other permitting authority, upon
request.
10
2. Any duly authorized officer, employee, or representative of the Division may, upon
presentation of credentials, enter and inspect any property, premises, or place on or related to
the land application sites or facilities at any reasonable time for the purpose of determining
compliance with this permit; may inspect or copy any records that must be kept under the
terms and conditions of this permit; and may obtain samples of groundwater, surface water,
or leachate.
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the residuals land application events are carried out
in accordance with the conditions of this permit, the supporting materials, and in the manner
approved by the Division.
2. This permit shall be effective only with respect to the nature and volume of residuals
described in the application and other supporting data.
3. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statutes §143-215.6A through §143-215.6C.
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 revolve this permit, as specified by 15 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 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.
8. This permit shall not be automatically transferable. In the event that there is a desire for the
residuals land application program to change ownership or to change the name of the
Permittee, a formal permit request shall be submitted to the Division documentation from the
parties involved and other supporting materials as may be appropriate. The approval of this
request shall be considered on its merits and may or may not be approved.
11
Permit issued this the 7th d3W of April, 2007.
NORTH CAR A ENVIR NMENTAL MANAGEMENT COMMISSION
Lor Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0006147
12
ATTACHMENT A - Approved Residual Source-Generatina Facilities
Permit No. WQ0006I47
Butterball LLC, of Mount Olive
Butterball LLC, of Mount Olive.Residuals Land Application Program
Owner
Facility Dame
County
Permit
Issued
Is 503?
Maximum
Monitoring
Monitoring
Approved
Number
By
Dry Tons
Frequency for
Frequency for
Mineralization
Per Year
Condition III. 2.
Condition III.3. and
Rate
Condition 111.4.
Butterball LLC, of
Mount Olive
Butterball WWTP
Du lin
WQ0000884
DWQ
non-503
998.40
Annually
Quarterly
0.40
Total
998.40
Permit No. WQ0006147
Page 1 of 1 Certification Date: April 7, 2007
ATTACHMENT B - Approved Land Application Sites
Permit No. WQ0006147
Butterball LLC, of Mount Olive
Butterball LLC, of Mount Olive -Residuals Land Application Program
Site/Field ID
Landowner
Lessee/Operator
County
Soil Series
Latitude
Longitude
Net
Applicable
Acreage
Restriction in
Condition IV. 1.
Butterball LLC, of
Butterball LLC, of
GW-A
01
Mount Olive
Mount Olive
DupIin
35.10.02
77.55.52
2.50
Butterball LLC, of
Butterball LLC, of
GW-A
04
Mount dive
Mount Olive
Du tin
35.09.24
77.55.57
9.50
Butterball LLC, of
Butterball LLC, of
GW-A
05
Mount Olive
Mount Olive
Duplin
35.09.21
77.55.03
5.00
Butterball LLC, of
Butterball LLC, of
GW-A
08
Mount Olive
Mount Olive
Duplin
35.09.35
7756.09
8.50
Butterball LLC, of
Butterball LLC, of
GW-A
12-SL
Mount Olive
Mount Olive
Duplin
35.10.12
77.55.53
8.50
Total For County
DupIin
34.00
Total
34.00
Permit No. WQ0006147 Page 1 of 1 Certification Date: April 7, 2007