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HomeMy WebLinkAboutWQ0006984_Final Permit_20000908State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director September 8, 2000 Gene Hudgens Delta Apparel, Inc. P.O. Box 37 Maiden, NC 28650 4 A• NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. WQ0006984 Delta Apparel, Inc. Land Application of Wastewater Residuals Catawba County Dear Mr. Hudgens: In accordance with your application received on August 14, 2000, we are forwarding herewith Permit No. WQ0006984, dated September 8, 2000, to Delta Apparel, Inc. for the operation of a wastewater residuals land application program. This permit shall be effective from the date of issuance until September 30, 2002, shall void Permit No. WQ0006984 issued October 23, 1997, and shall be subject to the conditions and limitations as specified therein. The permit was modified to change the name from Delta Mills to Delta Apparel. 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, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you need additional information concerning thiymatter, contact eresa Rodriguez at (919) 733- 5083 extension 358. T. Stevens cc: Catawba County Health Department Mooresville Regional Office, Water Quality Section Mooresville Regional Office, Groundwater Section Groundwater Section, Central Office Technical Assistance and Certification Unit Non -Discharge Compliance/Enforcement Unit 1617 Mail Service Center, Raleigh, Forth Carolina 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper 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 Delta Apparel, Inc. - Catawba County FOR THE operation of a wastewater residuals land application program consisting of the application of 500.0 dry tons per year of residuals from the sources listed in Condition H 5, to approximately 240.6 acres of land in Catawba County with no discharge of wastes to the surface waters, pursuant to the application received on August 14, 2000 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 September 30, 2002, shall void Permit No. WQ0006984 issued October 23, 1997, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE•STANDARDS 1. This permit shall become voidable if the soils fail to adequately 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). 5. 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; g_ 50 feet from public right of ways for both application methods, h. 10 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. No residuals at any time shall be stored at any application site, unless approval has been requested and obtained from the Division. 9. Maximum slope for residual application shall be 10% for surface application and 18% for subsurface applications. OPERATION AND MAINTENANCE REQUIREMENTS The facilities and application sites shall be properly maintained and operated at all times. 2. -A suitable vegetative cover, as listed in condition II 4, shall be maintained in accordance with the crop management plan outlined by the local 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 (lb./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 E 1.1 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 50 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. No residuals other than the following are hereby approved for Iand application in accordance with this permit: Permit Volume Source County Number (dry tons/yeah Delta Apparel, Inc. Catawba WQ0006984 500.0 The lifetime heavy metal loadings (lbs./acre) shall not exceed the following for the corresponding Cation Exchange Capacities (CEC): Parameter CEC < 5 CEC 5 to 15 CEC > 15 Lead 500 1000 2000 Zinc 250 500 1000 Copper 125 250 500 Nickel 125 250 500 Cadmium 4.5 9 18 7. 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 8G .0202. 8. Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored residuals into any surface waters. 9. Surface applied residuals will be plowed or disced within twenty-four (24) hours after application on lands with no cover crop established. 10. 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. 11. 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. 12. 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. 13. Residuals shall not be applied in inclement weather or until 24 hours following a rainfall event of 1/2- inch or greater in 24 hours. Any emergency residuals disposal measures must first be approved by the Division. 14. Residuals shall not be applied to any land application site that is flooded, frozen or snow-covered. 15. Residuals shall not be applied at rates greater than agronomic rates, unless authorized by the Division. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. The Division is concerned about the high Sodium Adsorption Ratio (SAR) found in the residuals being land applied. Appropriate measures, including the application of gypsum to balance the ratio if necessary, shall be undertaken to ensure that the land application sites are not damaged. An agronomist or soil scientist should be consulted before problems arise. III. MONITORING AND REPORTING REQUIREMENTS 1. 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 g. 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 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. 4 The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Magnesium Phosphorus Calcium Manganese Potassium Cation Exchange Capacity Percent Humic Matter Sodium Copper pH Zinc Base Saturation (by calculation) The Standard Soil Fertility Analysis. (see above) and analysis for the following pollutants shall be conducted once prior to permit renewal on soils from each site which has received residuals during the permit cycle. Cadmium Lead Nickel 4. A residuals analysis will be conducted quarterly 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 quarterly, a residuals analysis will be required for each instance of land application. The residuals analysis shall include but is not necessarily limited to the following parameters: Cadmium Nickel Ammonia -Nitrogen Nitrate -Nitrite Nitrogen Phosphorus TKN Copper Lead Zinc Aluminum Calcium Magnesium % Total Solids pH Potassium Sodium Plant Available Nitrogen (by calculation) After the residuals have been monitored for two years at the above frequency, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of monitoring for pollutant concentrations. In no case, however, shall the frequency of monitoring be less than once per year when residuals are land applied. 5. A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the Pen- ittee 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 (Siivex) (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-Dichloroethylene (0.7) 2,4-Dinitrotoluene (0.13) Heptachlor (and its hydroxide) (0.008) Hex achloro-1,3-butadiene (0.5) Hexachloroethane (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) After the residuals have been monitored annually for two years, the Permittee may submit a request to the i .Division for a permit modification to reduce the frequency of the TCLP analysis. In no case, however, shall the frequency of TCLP monitoring be less than once per permit cycle when residuals are land applied. 6. Three copies of all required monitoring and reporting requirements as specified in conditions III 1, II1 2, III 3, III 4 and III 5 shall be submitted annually on or before March l of the following year to the following address: NC Division of Water Quality Water Quality Section Non -Discharge Compliance/Enforcement Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 7. Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663-1699, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a_ Any occurrence with the land application program which results in the land application of significant amounts of 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. c. Any time that self -monitoring information indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the 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 REQUIREMENTS 1. Groundwater monitoring is no longer required for monitoring wells MW-1, MW-2, MW-3 and MW-4. However the monitoring wells are not to be abandoned at this time. 2. Any future 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) 500 feet from the waste disposal area, or at 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 femediation action in addition to the penalty provisions applicable under General Statute 143- 215.6A(a)(1). In 4ccordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal system midway between the Compliance Boundary and the perimeter of the waste disposal area. Any V. exceedance of standards at the Review Boundary shall require remediation action on the part of the permitte. `4. No land application of waste activities shall be undertaken when the seasonal high water table is less than three feet below land surface. INSPECTIONS 1. 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 Ieast 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 1. This permit shall become voidable unless the land application activities are carved 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 Catawba County Delta Apparel, Inc." Jenkins Propertyb A-1 Kate Abernathy A-2` Kate Abernathy A-3° Kate Abernathy A-4° Kate Abernathy 12.7 (including buffers) 26.0 (including buffers) 15.0 19.0 10.0 12.5 7 A-5a Kate Abernathy 12.8 A-6 Kate Abernathy 8.3 H-1` Geroge Hunsucker 19.0 H-2` Geroge Hunsucker 26.0 H-3 Geroge Hunsucker 4.5 H-4 Geroge Hunsucker 26.1 H-5 Geroge Hunsucker 7.2 H-6 Geroge Hunsucker 8.0 H-7 Geroge Hunsucker 19.0 H-8 Geroge Hunsucker 14.5 TOTAL ACRES IN COUNTY 240.6 TOTAL AVAILABLE ACRES 240.6 This land application site shall receive residuals by subsurface injection only. b This land application site shall receive residuals by surface application only. This land application site is partially covered in soils having a seasonal high water table at depths ranging from one to three feet below land surface. Residuals may only be applied to this site if the permitee demonstrates and documents through auguring that the water table is greater than 3 feet below land surface. Condition IV 4 prohibits land applying residuals when the seasonal high water table is greater than three feet below land surface. 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). 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, limitations and monitoring requirements the Division deems necessary in order to adequately protect the environment and public health. 10. This permit - shall become voidable unless the agreements between the Permittee and the landowners/lessees are in full force and effect. The land owner agreements are considered expired concurrent with the expiration date of the permit and must be renewed at the same time the permit is renewed. Permit issued this NORTH 8'' day of September, 2000 AL MANAGEMENT COMMISSION Herr T. 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A .er,.UrrrunC ;1 p L LAW ENGINEERING TESTING COMPANY Fig. 1. sampling location and Project No. MI11200'- land treatment suit-- 1 '} ability map. - . •r � � NAT11RT7A , A[R1161A ' ' , I