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HomeMy WebLinkAboutWQ0008764_Final Permit_20110729ME North.aroiina Department of Environment and Natural (Resources Division of Water Quality Beverly Eaves Perdue Goleen H. Sullins Governor Director July 29, 2011 Mr. L.E. Lanier, Director -Environmental Department WestPoint Home, Inc. 3300 23'd Drive Valley, AL 36854 Dear Mr. Lanier: Del Freeman Secretary Subject: Permit No. WQ0008764 Bob Stevens Complex Land Application of Residual Solids (Dedicated) Scotland County In accordance with your permit modification request received June 30, 2011, we are fonA arding herewith Permit No. WQ0008764, dated July 15, 2011, to WestPoint Home, Inc. for the continued operation of the subject residuals management program. Modifications to the subject permit are as follows: • Field NC-SC-03-01 is - removed from the subject permit. Monitoring wells MW-1 and MW-3 are removed from the permit and to be permanently inactivated. On August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain Government Approvals Affecting the Development of Real Property within the State," was enacted by the General Assembly and signed into law. The Act, known as the Permit Extension Act of 2009, extends the expiration date of certain government approvals and permits. Non -discharge permit, WQOOO8764, issued by the Division of Water Quality falls within the scope of this Act and is therefore being extended until September 30, 2014. Please note per your permit, a renewal application must still be submitted six months in advance of the extended expiration date. This permit shall be effective from the date of issuance until September 30, 2014, shall void Permit No. WQ0008764 issued June 24, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. F w_.=E . PT' TC'. SE:7 `- �,.... crvic ' e ;ai ,_ . ;tior^ e,', iG 27-1 i_ 2 �t N E3T'11?'ti .ct d --n Mr. L.E. Lanier July 29, 2011 Page 2of 3 Please note that on September 1, 2006, North Carolina Administrative Code Title 15A Subchapter 02T — Waste not Discharged to Surface Waters was adopted. Accordingly, this permit incorporates the requirements of these rules, therefore, please take the time to review this permit thoroughly. The following conditions have been added, modified or deleted from those in the last permit issuance: ➢ Condition I.3 -- The permittee shall be in full compliance with the regional office notification requirements established in Condition 111.3. ➢ Condition I.4 — The permittee shall submit the Operation and Maintenance (O&M) plan as required in Condition IIIA to the Division within 90 days of permit issuance. ➢ Condition I.5 — The permittee shall be in full compliance with the signage requirements established in Condition 111.9 within 180 days of permit issuance. ➢ Condition I1.7 - Regarding setbacks for land application sites. ➢ Condition II.9 - Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exeeedance of agronomic rates, Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE). ➢ Condition II.10 - When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by 25% in accordance with the USDA -MRCS 590 Nutrient Management Standards. ➢ Condition H.I I — Regarding the over -seeding or double -cropping of application sites. i� Condition I11.3 - The Fayetteville Regional Office shall be notified via email or telephone, at least 24 hours prior to conducting any land application activity. Condition IIIA — Regarding the Permittee's Operation and Maintenance Plan. ➢ Condition 111.9 — Regarding public access controls and signage. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form 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, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. Mr. L.E. Lanier July 29, 2011 Page 3of 3 If you need additional information concerning this matter, please contact Chonticha McDaniel at (919) 715-6188 or chonticha.mcdaniel@ncdenr.gov. Sincerely, ,s /Coleen . Sullins cc: Jonathan Hill, Synagro South, Inc. Hoke County Health Department Robeson County Health Department Scotland County Health Department Fayetteville Regional Office -Aquifer Protection Section Technical Assistance and Certification Unit Permit File WQ0008764 Notebook File WQ0008764 THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF INDUSTRIAL BYPRODUCT RESIDUAL SOLIDS PERMIT (DEDICATED) 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 WestPoint Home, Inc. Scotland County FOR THE continued operation of a residuals management program for WestPoint Home, Inc. and consisting of the land application of residuals generated by the approved facilities listed in Attachment A to the approved sites listed in Attachment B with no discharge of wastes to surface waters, pursuant to the application received June 30, 2011, and in conformity with other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The use and disposal of residuals are regulated under Title 40 Code of Federal Regulations Part 257. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from the date of issuance until September 30, 2014, shall void Permit No. WQ0008764 issued June 24, 2009 and shall be subject to the following specified conditions and limitations. I. SCHEDULES Within 60 days of permit issuance, monitoring wells MW-1 and MW-3 shall be permanently abandoned. Within 30 days of abandonment, a Well Abandonment Record (Form GW-30) listing this permit number and the appropriate monitoring well identification number shall be completed for each well abandoned and mailed to the Division of Water Quality, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. A North Carolina Certified Well Contractor shall abandon the monitoring wells according to the North Carolina Well Construction Standards (I5A NCAC 02C .0113) and local county rules. 2. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site reap to be submitted with the permit renewal application. The permittee shall be in full compliance with the regional office notification requirements established in Condition 111.3 within 90 days of permit issuance. WQ0008764 Version 1.5 Shell Version 101116 Page 1 of 10 4. The permittee shall submit the Operation and Maintenance (O&M) plan as required in Condition 1II.4 to the Division within 90 days of permit issuance. 5. The permittee shall be in full compliance with the signage requirements established in Condition 111.9 within 180 days of permit issuance. II. PERFORMANCE STANDARDS The subject residuals management program shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards, In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease land applying residuals to the site, contact the Fayetteville regional office's Aquifer Protection Section supervisor, and take any immediate corrective actions. 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this residuals management program. 3. Only residuals generated by the facilities listed in Attachment A are approved for land application in accordance with this permit. 4. Only the sites listed in Attachment B are approved for residuals land application. S. Pollutant concentrations in residuals applied to land application sites listed in Attachment B shall not exceed the following Ceiling Concentrations (i.e., dry weight basis) or Cumulative Pollutant Loading Rates (CPLRs): Parameter Ceiling Concentration (milligrams per kilogram) CPLR (pounds per acre) Arsenic 75 36 Cadmium 85 34 Copper 4,300 1,338 Lead 840 267 Mercury 57 15 Molybdenum 75 nfa Nickel 420 374 Selenium 100 89 Zinc 7,500 2,498 The Permittee shall determine compliance with the CPLRs using one of the following methods: a. By calculating the existing cumulative level of pollutants using actual analytical data from all historical land application events of residuals, or b. For land where residuals application have not occurred or for which the required data is incomplete, by determining background concentrations through representative soil sampling. 6. Residuals that are land applied shall meet Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c). Exceptions to this requirement shall be specified in Attachment A. WQ0008764 Version 1.5 Shell Version 101116 Page 2 of 10 7. Setbacks for land application sites shall be as follows: Setback by application type (feet) Setback Description Vehicular Irrigation Surface Surface Injection 1 Application Application Incorporation Habitable residence or place of public assembly under separate ownership or not to be maintained as 400 400 200 art of the project site Habitable residence or places of public assembly owned by the Permittee, the owner of the land, or the 0 200 0 lessee/operator of the land to be maintained as part of the project site Property lines 50 150 50 Public right of way 50 50 50 Private or public water supply 100 100 100 Surface waters (streams — intermittent and perennial, 100 100 50 perennial waterbodies, and wetlands) Surface water diversions (ephemeral streams, waterways, ditches) 25 100 25 Groundwater lowering ditches (where the bottom of 25 I00 25 the ditch intersects the SHWT) Subsurface groundwater lowering system 0 100 0 Wells with exception to monitoring wells 100 100 100 Bedrock outcrops 25 25 25 Top of slope of embankments or cuts of two feet or more in vertical height 15 15 15 Building foundations or basements 0 15 0 Water lines 0 10 0 Swimming pools 100 100 100 Nitrification fields 0 20 0 8. Land application areas shall be clearly marked on each site prior to and during any residuals application event. 9. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science (littp://www.soil.nesu.edu/l)roar'ams/nmp/yieldso. A copy shall be kept on file and reprinted every five years in accordance with Condition IV,6. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application rates reported in any of the following documents: WQ0008764 Version 1.5 Shell Version 101116 Page 3 of 10 Crop management plans as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group - Guidance Document: Chapter 1 aLttp://ww-w.cnr.state.nc.us/DSWC/ ages/ggidance docs.html . iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards ( :/1-fe.sc.e ov.usda. ov/NH / ractice-standards/standards/590. d . d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. 10. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by 25% in accordance with the USDA-NRCS 590 Nutrient Management Standards. 11. If land application sites are to be over -seeded or double. -cropped (e.g., bermuda grass in the summer and rye grass in the winter with both crops to receive residuals), then the second crop can receive an application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ac/yr). This practice may be allowed as long as the second crop is to be harvested or grazed. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no additional PAN shall be applied. 12. Prior to land application of residuals containing a sodium adsorption ratio (SAR) of 10 or higher, the Permittee shall obtain and implement recommendations from at least one of the following: the local Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee shall maintain written records of these recommendations and details of their implementation. 13. The compliance boundary residual land application sites shall be specified in accordance with 15A NCAC 02L .0107(b). These sites were individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the residual land application area, or 50 feet within the property boundary, whichever is closest to the residual land application area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. Any approved relocation of the COMPLIANCE BOUNDARY will be noted in Attachment B. 14. In accordance with 15A NCAC 02L .0108, the review boundary shall be established midway between the compliance boundary and the residual land application area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. OPERATION AND MAINTENANCE REQUIREMENTS The residuals management program shall be properly maintained and operated at all times. The program shall be effectively maintained and operated as a non -discharge system to prevent any contravention of surface water or groundwater standards. 2. The Fayetteville Regional Office, telephone number (910) 433-3300, and the appropriate local government official (i.e., county manager, city manager, or health director) shall be notified at least 48 hours prior to the initial residuals land appheation to any new land application site. Notification to the Aquifer Protection Section's regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. WQ0008764 Version 1.5 Shell Version 101116 Page 4of10 3. The Fayetteville Regional Office shall be notified via email or telephone, (910) 433-3300, at least 24 hours prior to conducting any land application activity. Such notification shall indicate, at a minimum, the anticipated application times, field IDs, and location of land application activities. If it becomes necessary to apply to additional fields due to unforeseen events, the Regional Office shall be notified prior to commencing the application to those fields. 4. The Permittee shall maintain an approved Operation and Maintenance Plan (0&M Plan) pursuant to 15A NCAC 02T .I 110. Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan, at the minimum, shall include: a) Operational functions; b) Maintenance schedules; c) Safety measures; d) Spill response plan; e) Inspection plan including the following information: i. Names and titles of personnel responsible for conducting the inspections; ii. Frequency and location of inspections, including those to be conducted by the ORC, and procedures to assure that the selected location(s) and inspection frequency are representative of the residuals management program; iii. Detailed description of inspection procedures including record keeping and actions to be taken by the inspector in the event that noncompliance is observed pursuant to the noncompliance notification requirements under the monitoring and reporting section of the permit; f) Sampling and monitoring plan including the following information: i. Names and titles of personnel responsible for conducting the sampling and monitoring; ii. Detailed description of monitoring procedures including parameters to be monitored; iii. Sampling frequency and procedures to assure that representative samples are being collected. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to meet pathogen reduction requirements (e.g. facilities that land apply multiple times per year but have an annual sampling frequency, may need to sample during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). 5. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the facility, the Pcrmittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC 08G .0201. The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition III. 4.), and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and designation requirements, please contact the Division of Water Quality's Technical Assistance & Certification Unit at (919) 733-0026. 6. Residuals shall not be stored at any land application site, unless written approval has been requested and received from the Division. 7. A suitable vegetative cover shall be maintained on land application sites onto which residuals are 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 an agronomist and as approved by the Division. WQ0008764 Version 1.5 SheIl Version 101116 Page 5 of 10 8. The following public access restrictions apply to residual land application sites: a. Public access to public contact sites (e.g., golf courses, parks, ball fields, etc.) shall be restricted for 365 days after a residuals land application event; b. Public access to non-public contact sites shall be restricted for 30 days after a residuals land application event. 9. Public access controls shall include the posting of signs with a minimum area of 3 square feet (e.g., 1.5' x 2'). Each sign shall indicate the activities conducted at each site, permit number, and name and contact information, including the Permittee or applicator's telephone number. Signs shall be posted in a clearly visible and conspicuous manner at the entrance to each land application site during a land application event, and for as long as the public access restrictions required under Condition 111.8 apply. 10. The following harvesting and grazing restrictions apply to residual land application sites after each land application event: Harvesting and Grazing Description Restricted Duration Animals shall not be allowed to graze during land application activities and restricted period. Sites that are to be used for grazing shall have fencing to 30 days prevent access after each land application event. Food crops, feed crops and fiber crops shall not be harvested for: 30 days Turf grown on land where residuals have been applied shall not be harvested for: 12 months 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.) 14 months shall not be harvested for: i When the residuals remain on the land surface for four months or longer prior to incorporation into the soil, food crops with harvested parts below the land surface (e.g., root crops such as potatoes, carrots, radishes, etc.) shall not be 70 months harvested for: When the residuals remain on the land surface for less than four months prior to i incorporation into the soil, food crops with harvested parts below the land 38 months surface shall not be harvested for: 11. The Permittee shall acquire from each landowner or lessee/operator a statement detailing the volume of other nutrient sources (i.e., manufactured fertilizers, manures, or other animal waste products) that have been applied to the site, and a copy of the most recent Nutrient Management Plan (NMP) for those operations where a NMP is required by the US Department of Agriculture — National Resources Conservation Service (MRCS) or other State Agencies, The Permittee shall calculate allowable nutrient loading rates based on the provided information and use appropriate reductions. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan (WUP) or Certified Nutrient Management Plan (CNMP) shall also be considered a Nutrient Management Plan, 12. No residuals shall be land applied unless the submitted Land Owner Agreement Attachment (LOAA) between the Permittee and landowners or lessees/operators of the land application site is in full force and effect. These agreements shall be considered expired concurrent with the permit expiration date, and shall be renewed during the permit renewal process. WQ0008764 Version 1.5 Sbell Version 101116 Page 6 of 10 13. 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 <5 ounds e7• 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 14. When the Permittee land apply bulk residuals, a copy of this permit and a copy of O&M Plan shall be maintained at the land application sites during land application activities. 15. When the Permittee transport or land apply bulk residuals, the spill control provisions shall be maintained in all residuals transport and application. vehicles. IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sample reporting schedule shall be followed. 2. An analysis shall be conducted on residuals from each source generating facility at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. The analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia -Nitrogen Molybdenum Selenium Arsenic Nickel Sodium Cadmium Nitrate -Nitrite Nitrogen Sodium Adsorption Ratio (SAR) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium ` Plant Available Nitrogen (by calculation) 3. Residuals shall be monitored for compliance with pathogen reduction requirements at the frequency specified in Attachment A, and at the time indicated in the sampling and monitoring sections of the approved O&M plan. The required data shall be specific to the stabilization process utilized, and sufficient to demonstrate compliance with the Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c) shall be met. Any exceptions from the requirements in this condition shall be specified in Attachment A. WQ0008764 Version 1.5 Shell Version 101116 Paae 7 of 10 4. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site listed in Attachment B on which a residuals land application event will occur in the respective calendar year. This analysis shall be in accordance with the "Guidance on Soil Sampling" located in the Sampling Instructions section of the NC Department of Agriculture & Consumer Services' website (http://www.neagr.gov/agronomi/pubs.htm). The Permittee shall maintain these results and a description of the sampling methodologies used to determine soil fertility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH 5. Laboratory parameter analyses shall be performed on the residuals as they are land applied, and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505. 6. The Permittee shall maintain records tracking all residual land application events. At a minimum, these records shall include the following: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number as listed in Attachment B); d. Approximate areas applied to (acres); e. Method of land application; f. Weather conditions (e.g., sunny, cloudy, raining, etc.); g. Predominant Soil Mapping Unit (e.g., CbB2); h. Soil conditions (e.g., dry, wet, frozen, etc.); i. Type of crop or crops to be grown on field; j. Nitrogen Application Rate based on RYES (if using data obtained from the North Carolina State University Department of Soil Science Website, the printout page shall be kept on file and reprinted every five years); k. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, or wet ton per acre; 1. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or wet tons per acre; m. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, or wet tons per acre; and n. Annual and cumulative totals in dry tons per acre of residuals as well as animal waste and other sources of nutrients (e.g., if applicable), annual and cumulative pounds per acre of each heavy metal (e.g., shall include, but shall not be limited to, arsenic, cadmium, 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. WQ0009764 Version 1.5 Shell Version 101116 Page 8 of 10 7. Three copies of an annual report shall be submitted on or before March 1". The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Re orting Forms, Instructions for reporting and annual report forms are available at http_////portal.ncdenr.ory-/web/wqlaps/lau/reporting, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 8. Noncompliance Notification The Pem-tittee shall report by telephone to the Fayetteville Regional, Office, telephone number (910) 433-3300, 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 resulting in the land application of significant amounts of wastes that are abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to surface waters. c. Any time self monitoring indicates the facility has gone out of compliance with its permit limitations. d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of adequate residual treatment. e. Any spill or discharge from a vehicle or piping system during residuals transportation. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300Tersons reporting such occurrences by telephone shall also file a written report in letter form 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. V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the subject facilities and shall be in accordance with the approved OEM Plan. 2. Prior to each bulk residuals land application event, the Permittee or his designee shall inspect the residuals storage, transport and application facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of inspection, and this log shall be made available to the Division upon request. 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the land application sites or facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit; and may collect groundwater, surface water or leachate samples. WQ0008764 Version 1.5 Shell Version 101116 Page 9 of 10 VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143- 215.6A to 143-215.6C. 2. This permit shall become voidable if the residuals land application events are not carried out in accordance with the conditions of this permit. This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. 5. In the event the residuals program changes ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate documentation from the parties involved and other supporting documentation as necessary, The Permittee of record shall remain fully responsible for maintaining and operating the residuals program permitted herein until a permit is issued to the new owner. 6. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. 7. Unless the Division Director grants a variance, expansion of the permitted residuals program contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revolve this permit pursuant to 15A NCAC 02T .0105(e)(3). Permit issued this the 296' day of July, 2011. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION olee uliins, Director Divis' of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0008764 WQ0008764 Version 1.5 Shell Version 101116 Paee 10 of 10 ATTACHMENT A - Approved Residual Sources WestPoint Home, Inc. Certification Date: July 29, 2011 Permit Number: WQ0008764 Version: 1.5 Maximum Monitoring Monitoring Monitoring PP roved Orvr3er Facility Name County Permit Biological Dry Tons Frequency for Frequency for Frequency for Mineralization Number Residuals Per Year Non-hazardous Metals and Pathogen Rate Characteristics 2 Nutrients 3, 5 Reductions 4, WestPoint tlorne, Inc. 'Westlloiot Ilonie. Inc.- Scotland NC 0005762 No 2,500.00 Annually See Table Below See Table Below 0.30 Wa rarn Plant Total 2,500.00 I. lvlaximu n Dry Ions per Year is the amount of residuals product approved for distribution front the permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. 'Testing of metals and nutrients as stipulated under permit Condition IV.3. 4. Analyses of pathogen reductions as stipulated under permit Condition 1VA. 5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above. Dry Tons Generated (short tons per ear) Monitoring Frequency (-Established in 40 CFR 503 and 15A NCAC 02T .1111 <319 1/Year ='-3 l9 - <1,650 l/ Quarter (4 times per year =>1,650 - <16.500 1/60 pas (6 tunes per year _ 16,500 lhnonth 12 times per year If no land application events occur during a required sampling period (e.g. no land application occur during an entire year when annual monitoring is required), then no sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the annual report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarification. Page t of 1 THIS PAGE BLANK ATTAC ',ENT 13 - Approved Land Application Sites WestPoint Home, Inc. CertiCcatimi Date Permit Number: WQ0008764 ,ly 29, 201.1 Versiost: 1.5 Field/ Site Owner Lessee County Latitude Longitude AcNet a Dominant Soil Series Footnotes NC-110-01-01 Lowery, Ricky Hoke 34053'56" 79°18'53" 92.90 Goldsboro NC-HO-0I-01 NC-110-02-01 Cameron, vWilliam Hoke 35°00'54" 79°18'50" 9.30 Candor NC-110-02-01 NC-110-02-02 Cameron, William Hoke 35°01'33" 79a19'35" 20.00 Candor NC-I1O-02-02 NC-110-02-07 Watkins, John Cameron, William W Hoke 35°01'22" 79°19'45" 11.00 Blaney NC-110-02-07 NC-110-02-08 Diggs, Edwin M Cameron, William W Hoke 35°0l'53" 79°20'25" 27.50 Candor NC-HO-02-08 NC-RO-02-01 Locklear. Thurman Robeson 34°49'04" 79°20'55" 37.50 Bonneau NC-RO-02-01 NC-RO-02-02 Creech, C R Locklear, ''Burman Robeson 34°49'27" 79"19'55" 28.00 Goldsboro NC:-RO-02-02 NC-RO-02-03 Creech. C R Locklear, "fhurman Robeson 34°49'26" 79°19'22" 4.30 Butters NC-RO-02-03 NC-RO-02-04 Creech, C R Locklear. Thurman Robeson 34°49'3I 79°19'17" 41.50 Norfolk NC-RO-02-04 NC-RO-02-05 Creech, C R Locklear. Thurman Robeson 34'49'25" 79°18'36" 65.20 Wagram NC-RO-02-05 NC-RO-02-06 Chavis, Herman Iocklear, Thunman Robeson 34'49'57" 79°]9'35" 33.80 Norfolk NC-RO-02-06 NC-RO-02-07 Chavis, Ilerman Locklear, Thurman Robeson 344935" 79°19116" 36.40 Norfolk NC-RO-02-07 NC-RO-04-01 J 1) Carmichael Inc Carmichael. John D Robeson 34°46'40" 79°1810" 180.00 Colville NC-RO-04-01 NC-110-04-04 J D Carmichael hic Carmichael, John D Robeson 34°42'20" 79°23'22" 39.30 Goldsboro NC-RO-04-04 NC-RO-04-05 J 1) Carmichael Inc Carmichael, John D Robeson 34'42' 10" 79,23148" 144.50 Lynchburg NC-RO-04-05 NC-RO-04-07 Carmichael, John D Robeson 34°42'40" 79°19'60" 134.00 Lynchburg NC-RO-04-07 NC-IZO-04-08 Carmichael, John 1) Robeson 34°42'50" 79"20'20" 96.50 Pocalla NC-RO-04-08 NC-RO-04-09 Carmichael. John D Robeson 3V42'55" 79°20'41" 90.00 Norfolk NC-RO-04-09 NC-RO-04-10 Carmichael, John D Robeson 34°42'55" 79°20'42" 25.00 Norfolk NC-RO-04-10 NC-RO-04-11 Carmichael. John D Robeson 34°43'05" 79"19'50" 20.00 Lynchburg NC-RO-04-11 NC-RO-04-12 Carmichael, John D Robeson 34"43'15" 79°1938" 30.00 Coxville NC-RO-04-12 NC-RO-04-13 Carmichael. John D Robeson 34MY30" 7919'25" 14.00 Norfolk NC-RO-04-13 NC-110-07-01 D & I Trucking Inc Robeson 344219" 79°21'!8" 19.10 Wakulla NC-RO-07-01 NC-RO-07-04 D chi I Trucking Inc Robeson 34°4I'57" 79°20'44" 69.00 Wakulla NC-RO-07-04 NC-RO-07-05 D & l 'trucking htc Robeson 34°4 l'50" 79°20'50" 32.00 Lynchburg NC-RO-07-05 Pagel of 3 ATTACHMENT B - Approved Laud Application Sites WestPoint Home, Inc. Certification Date: July 29, 2011 Permit Nuniber: WQ0008764 Version: 1.5 Field! Site Owner Lessee County Latitude Longitude ArCI C t a Dominant Soil Series Footnotes NC-RO-08-01 Thigpen, Willie M Robeson 34042'48" 79021'27" 10.10 Wakulla NC-RO-08-01 NC-RO-08-02 Thigpen, Willie M Robeson 34042'32" 79021'24" 19.00 Wakulla NC-RO-08-02 NC-RO-08-03 Thigpen, Willie M Robeson 34042'39" 79021'l2" 19.00 Pocalla NC-RO-08-03 NC-RO-08-04 Thigpen, Willie M Robeson 34042-30" 79"21'13" 17.50 Wakulla NC-RO-08-04 NC-RO-10-02 Locklear, Alan Robeson 34°43'54" 79021'41" 3,00 Lakeland NC-RO-10-02 NC-RO-10-03 Locklear. Alan Robeson 34043'35" 79°2F45" 38.60 Wakulla NC-RO-10-03 NC-R0-10-04 Collins, Kenneth Locklear, Alan Robeson 34035'58" 79°21'48" 8.70 Norfolk NC-RO-10-04 NC-RO-10-05 Bland, George Locklear, Alan Robeson 34037'42" 79022'l8" 10.50 Wagram NC-RO-10-05 NC-RO-10-06 Bland. George Locklear, Alan Robeson 34037'36" 79022'20" 5.30 Wagram NC-RO-10-06 NC-RO-10-07 Bland, George Locklear, Alan Robeson 34037'18" 79022'30" 27.60 Wagram NC-RO-10-07 NC-RO-10-08 Collins, Kenneth Locklear, Alan Robeson 34039'39" 79013'17" 10.20 Pocalla NC-RO-10-08 NC-RO-1 1-01 Deese, Earl Deese, William Robeson 34035'54" 79'23'20" 30,00 Wagram NC-110-11-01 NC-RO-11-02 Deese, Earl Deese, William Robeson 34036'04" 79°23'24" 28.10 Pocalla NC-RO-1I-02 NC-RO-11-03 Deese, Earl Deese, William Robeson 34036'04" 79"23'24" 3.50 Wagram NC-RO-11-03 NC:-RO-11-04 Deese, Earl Deese, William Robeson 34036'03" 79°23'29" 1 L80 Norfolk NC-RO-11-04 NC-RO-12-01 Warriax, David McLaughlin. Martin Robeson 34039133" 79024'05" 30.00 Butters NC-RO-12-01 NC-R.0-12-02 Warriax, David McLaughlin, Martin Robeson 34939141" 79024'06" 9.80 Norfolk NC-RO-12-02 NC-SC-02-08 Ellers, William Locklear, Thurman Scotland 34050'47" 79°20'48" 6.00 Wagram NC-SC-02-08 NC-SC-02-09 Ellers- William Lockiear,'fhurnzan Scotland 34051'00" 79020'46" 5.40 Kenansville NC-SC-02-09 NC-SC-02-10 Ellers, William Locklear, Thurman Scotland 34050'34" 79°20'60" 77.00 Butters NC-SC-02-10 NC'-St:-02-11 Ellers, William Locklear, Thunilan Scotland 34051'02" 79°20'52" 43.70 Bonneau NC-SC-02-1 1 NC-SC-02-12 Ellers. William Locklear, Thurman Scotland 34051F07" 79021'02" 23,90 Butters NC-SC:-02-12 NC-SC-02-13 McCormick, Aubrey Locklear, Thurman Scotland 34053'34" 79°21'41" 112.00 Norfolk NC-SC-02-13 NC-SC-02-14 McCormick, Aubrey Locklear, Thurman Scotland 34050'20" 79023'13" 138.00 Kenansville NC-SC-02-14 NC-SC-03-03Aa Westpoint Stevens Inc Scotland 34050142" 79°22'24" 30.30 Kenansville NC-SC-03-03A NC"-SC-03-03W Westpoiot Stevens Inc Scotland 34°50'4l" 79-22'09" 42.00 Kenansville NC-SC-03-03B Pa-- 2 of 3 71TTAC )ENT S - Al pi -owed Land Application Sites westpoint Home, Inc. Certification Date Permit Number: WQ0008764 illy 29, 2 0 U Version: 0i f ield/ Site Owner Lessee County Latitude Longitude cr'et a Dominant Soil Series footnotes �NC-SC-04-02 J D Carmichael Inc Carmichael, John D Scotland 34042'30" 79023'20" 100.00 Goldsboro NC-SC-04-02 NC-SC-04-03 J 1.) Carmichael Inc Carmichael, John O Scotland 34'°42'28" 79°23'50" 23.00 Coxv ille NC-SC.-04-03 NC-SC-04-06 J 1) Carmichael Inc Carmichael, John D Scotland 34'43'15" 79023'45" 91.00 Lynchburg NC-SC-04-06 NC-SC-05-01 Gibson, Wayne Scotland 34047'10" 79032'l1 43.20 Norfolk NC-SC-05-01 N('-SC'-12-01 Morgan, Robert McLaughlin, Martin Scotland 34041'l0" 79°17'58" 16.50 Kalmia NC-SC-12-01 N('-SC-12-02 Thomas, Charles L McLaughlin, Martin Scotland 34"51'49" 79022'07" 40.00 Wagrain NC-SC-12-02 NC-SC-12-03 Reiclmer, Lawrence McLaughlin. Martin Scotland 34052'42" 79°23'46" 8.20 Norfolk NC-SC-12-03 Total 2,446.70 'This field has been added from the spray irrigation permit (Permit No. WQ0002377). The zinc level is high and shall be reviewed prior to any lurther waste application to ensure that the application of waste shall not cause the lifetime heavy metal loading limit for zinc to be exceeded per permit condition I1I.13. Page 3 of 3