WQ0011260_Final Permit_20110527

HCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Garland Norton — Mayor
Town of Old Fort
38 Catawba Ave.
Old Fort, NC 28762
Dear Mayor Norton:
Division of Tater Quality
Coleen H. Sullins
Director
May 27, 2011
Dee Freeman
Secretary
Subject: Permit No. WQ0011260
Town of Old Fort WWTP
Distribution of Class A Residuals
McDowell County
In accordance with your permit minor modification request received March 10, 2011, we are
forwarding herewith Permit No. WQ0011260, dated May 27, 2011, to the Town of Old Fort for the
continued operation of the subject residuals management program,
The Town of Old Fort requested for a permit modification to reduce the frequency of TCLP
monitoring requirement from annually to once per permit cycle (i.e. once for every 5 years). The
Division has reviewed the TCLP analyses submitted by the Town during the past two years and found no
significant concentration of any monitored TCLP parameters. This modified permit has been issued to
reflect the change of mentioned monitoring requirement.
On August 5, 2009, Session Law 2009-406 and 2010-177, was enacted by the General Assembly
and signed into law. The Act extends the expiration date of certain government approvals and permits.
Non -discharge permit, WQ0011260, issued by the Division of Water Quality falls within the scope of this
Act and is therefore being extended until January 31, 2015. 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 elate of issuance until January 31, 2015, shall void Permit
No. WQ0011260 issued February 7, 2006, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A
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.
Please note that on September l,'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
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Mayor Norton
May 27, 2011
Page 2 of 2
thoroughly. The following conditions have been added, modified or deleted from those in the last permit
issuance:
• Condition 1.2. - The permittee shall submit the Operation and Maintenance (O&M) plan as
required in Condition IIIA. to the Division within one (1) year of permit issuance.
• Condition 11.7. - Regarding requirements for distribution of Class A residuals that have a
sodium adsorption ratio (SAR) of 10 or higher.
• Condition 111.4. - The Permittee shall maintain an approved Operation and Maintenance Plan
(O&M Plan) pursuant to 15A NCAC 02T .1110.
• Condition U1.5. - Regarding application of bulk residuals (i.e. residuals that are transported in
a receptacle with a load capacity greater than one metric ton and land applied),
• Condition 111.6. - Regarding utilization agreement requirements.
• Attachment A - Approved residuals source and monitoring requirements.
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.
If you meed additional information concerning this matter, please contact Chonticha McDaniel at
[phone] or [e-mail].
Sincerely,
Col H. Sullins
cc: McDowell County Health Department
Asheville Regional Office, Aquifer Protection Section
Tony West, ORC — KACE Environmental (38 Catawba Ave., Old Fort, NC 28762)
Technical Assistance and Certification Unit
Permit File WQ0011260
Notebook File WQ0011260

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
DISTRIBUTION OF CLASS A RESIDUAL SOLIDS 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
Town of Old Fort
McDowell County
FOR THE
continued operation of a residuals management program for the Town of Old Fort and consisting of the
distribution of Class A residuals generated by the approved facilities listed in Attachment A with no
discharge of wastes to surface waters, pursuant to the application received March 10, 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 503. This permit does not exempt
the Permittee from complying with the federal regulations.
This permit shall be effective from the date of issuance until January 31, 2015, shall void Permit No.
WQ0011260 issued February 7, 2006, and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES
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 map to be submitted with the permit renewal
application.
2. The permittee shall submit the Operation and Maintenance (O&M) plann as required in Condition
IIIA. to the Division within one (1) year 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 perforin satisfactorily, including the creation of nuisance
conditions due to improper operation and maintenance, the Permittee shall immediately cease
distribution of Class A residuals, contact the Asheville regional office's Aquifer Protection Section
supervisor, and take any immediate corrective actions.
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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 distribution in
accordance with this permit.
4. Pollutant concentrations in residuals distributed or applied to any land application site shall not
exceed the following Ceiling Concentrations or Monthly Average Concentrations (i.e., dry weight
basis):
Parameter
Ceiling Concentration
(milligrams per kilogram)
Monthly Average
Concentration
(milligrams per kilogram)
Arsenic
75
41
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Mercury
57
17
Molybdenum
75
n/a
Nickel
420
420
Selenium
100
100
Zinc
7,500
2,800
5. Residuals that are distributed shall meet Class A pathogen reduction requirements in 15A NCAC 02T
.1106 (a) and (b). Exceptions to this requirement shall be specified in Attachment A.
6. Biological residuals (i.e. residuals generated during the treatment of domestic or animal processing
wastewater, or the biological treatment of industrial wastewater, and as identified in Attachment A)
that are distributed shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T
.1107(a). Exceptions to this requirement shall be specified in Attachment A.
7. The Permittee shall not distribute Class A residuals that have a sodium adsorption ratio (SAR) of 10
or higher without prior written Division approval. The Permittee may seek approval by demonstrating
that the entity accepting the residuals is: aware of the effects of a high SAR content; has agreed on
proper residual application rates; and has agreed to operational considerations to ensure that the high
SAR content will not adversely impact the receiving sites. Recommendations regarding sodium
application rate, soil amendments (e.g., gypsum, etc.) or a mechanism for maintaining site integrity
and conditions conducive to crop growth, can be obtained from 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.
IIT. OPERATI.ON 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.
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2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the facility, the Permittee shall designate and employ a certified operator in
responsible charge (ORC) and one or more certified operators as back-up RRCs in accordance with
15A NCAC 0$G .0201. For more information regarding classification and designation requirements,
please contact the Division of Water Quality's Technical Assistance & Certification Unit at (919)
733-0026.
3. All residuals shall be adequately stored to prevent untreated leachate runoff. The finished product
may be placed on a concrete pad, placed under shelter or physically covered until it is distributed to
the buyer. If an alternate storage site is used, approval must be obtained from the Division.
4. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to
15A NCAC 02T .1110. 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 Iimiting times for
residuals to meet pathogen and vector attraction 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. Bulk residuals shall not be land applied under the following conditions:
a. If the residuals are likely to adversely affect a threatened or endangered species listed under
section 4 of the Endangered Species Act or its designated critical habitat;
b. If the application causes prolonged nuisance conditions;
c. If the land fails to assimilate the bulk residuals or the application causes the contravention of
surface water or groundwater standards;
d. If the land is flooded, frozen or snow-covered, or is otherwise in a condition such that runoff of
the residuals would occur;
e. Within the 100 -year flood elevation, unless the bulk residuals are injected or incorporated within
a 24-hour period following a residuals land application event;
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f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours
following a rainfall event of 0.5 inches or greater in a 24-hour period;
g. If the slope is greater than 10% for surface applied liquid residuals, or if the slope is greater than
18% for injected or incorporated bulk liquid residuals;
h. If the soil pH is not maintained at 6.0 or greater, unless sufficient amounts of lime are applied to
achieve a final soil pH of at least 6.0, or if an agronomist provides information indicating that the
pH of the soil, residuals and lime mixture is suitable for the specified crop. Any approved
variations to the acceptable soil pH (6.0) will be noted in this permit;
i. If the land does not have an established vegetative cover unless the residuals are incorporated or
injected within a 24-hour period following a residuals land application event;
j. If the vertical separation between the seasonal high water table and the depth of residuals
application is less than one foot;
k. If the vertical separation of bedrock and the depth of residuals application is less than one foot;
1. Application exceeds agronomic rates.
6. At a minimum, the Utilization Agreement shall stipulate the following:
a. By agreeing to accept the bulk Class A residuals, it is recognized that the application of these
residuals is allowed under the conditions of this agreement. Land application of Class A residuals
is considered the beneficial reuse of a waste under 15A NCAC 02T .1100, and has been deemed
permitted under I SA NCAC 02T .1103(4) provided the conditions of this agreement are met. Any
action resulting in damages to surface water or groundwater, caused by failure to follow the
conditions of this agreement, is subject to Division enforcement action;
b. The person or entity accepting the bulk Class A residuals shall to the best of their knowledge
meet the following application requirements:
i. List all prohibitions under Condition I1I.5 with a statement that bulk residuals shall not be
land applied under these conditions.
ii. Residuals stockpiled for more than 14 days shall be covered;
iii. Application of bulk residuals shall not occur within 100 feet of a public or private water
supply source;
iv. Application of bulk residuals shall not occur within 100 feet of any well, with the exception
of Division approved monitoring wells;
v. Application of bulk residuals shall not occur within 25 feet of surface waters.
c. The generator of the Class A bulk residuals shall provide information on the proper use of the
residuals, including information on the nutrient quantities within the residuals and recommended
application rates. A copy of the label or information sheet attached to bags or other containers, as
specified in the labeling requirements under Condition 111.7, is sufficient;
d. The applicator or party accepting bulk residuals from the Permittee shall supply all third parties
receiving bulk residuals with documentation specifying that application shall occur consistent
with the utilization agreement;
e. Instructions, including contact information for key personnel, shall be provided to the applicator
or party receiving bulk residuals in the event that any requirements specified in the utilization
agreement are not met.
f. A copy of the Utilization Agreement shall be maintained at the land application sites when bulk
residuals are being applied.
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7. A label shall be affixed to the bag or other container in which residuals are sold or given away for
land application, or an information sheet shall be provided to the person who receives Class A
residuals. At a minimum, the label or information sheet shall contain the following:
a. The name and address of the person who prepared the residuals;
b. A statement that residual land application is prohibited except in accordance with the instructions
on the label or information sheet;
c. A statement identifying that this material shall be prevented from entering any public or private
water supply source (including wells) and any surface water (e.g., stream, lake, river, wetland,
etc.);
d. A statement that the residuals shall be applied at agronomic rates and recommended rates for its
intended use.
The Permittee shall not distribute bulks residuals to any person or entity knowD to be applying
residuals contrary to the condition of the signed Utilization Agreement.
TV. 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. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation
and Recovery Act (RCRA). The analyses [eorrosivity, ignitability, reactivity, and toxicity
characteristic leaching procedure (TCLP)] shall be performed at the frequency specified in
Attachment A, and the Permittee shall maintain these results for a minimum of five years. Any
exceptions from the requirements in this condition shall be specified in Attachment A.
The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter
is in parentheses):
Arsenic (5A)
1,4 -Dichlorobenzene (7.5)
Nitrobenzene (2A)
Barium (100.0)
1,2-Dichioroethane (05)
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)
Chlorobenzene100.0
( )
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) (1.0)
p -Cresol (200.0)
Mercury (0.2)
Vinyl chloride (0.2)
Cresol (200.0)
Methoxychlor (10.0)
2.4-D (10.0)
Methyl ethyl ketone (200.0)
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3. An analysis shall be conducted on the Class A residuals 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)
4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction
requirements at the frequency specified in Attachment A. The required data shall be specific to the
stabilization process utilized, and sufficient to demonstrate compliance with the Class A pathogen
reduction requirements in 15A NCAC 02T .1106 (a) and (b), and one vector attraction reduction
requirement in 15A NCAC 02T .1107 (a) shall be met. Any exceptions from the requirements in this
condition shall be specified in Attachment A.
5. Laboratory parameter analyses shall be performed on the residuals as they are distributed, and shall
be in accordance with the monitoring requirements in 15A NCAC 02B .0505.
6. The Permittee shall maintain records tracking all bulk residual land application events. At a
minimum., these records shall include the following:
a. Source of residuals;
b. Date of distributions land application;
c. Name and address of recipient of residuals;
d. Volume of residuals distributed to each recipient;
e. Intended use of residuals;
f. 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).
7. Three copies of an annual report shall be submitted on or before March I". The annual report shall
meet the requirements described in the Instructions for Residuals Application Annual Reporting
Forms. Instructions for reporting and annual report forms are available at
httl)://-portal.nedenr.orL,/webiwolaps/lau/repoi-ting, 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
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8. Noncompliance Notification
The Permittee shall report by telephone to the Asheville Regional Office, telephone number (828)
296-4500, 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 distribution program resulting in the land application of significant
amounts of wastes that are abnormal in quantity or characteristic.
b. Any failure of the distribution programm 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 [phone], [phone], or [phone].Persons
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 O&M Plan.
2. 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.
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.
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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.01 10.
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).
8. 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 revoke this permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the 27a` day of May 2011
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
r
�f olee .Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0011260
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ATTACHMENT A - Approved Residual Sources
Town of Old Fort
Certification Date: May 27, 2011
Permit Number: WQ0011260 Version: 2.1
I. Maximum Dry Tons per Year is the amount orresiduals product approved for distribution from the permitted facility.
2. Analyses to demonstrate that residuals are non -hazardous (i.e., 'I'Cl.l', ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2.
3. Testing of metals and mitrients as stipulated under permit Condition IV.3.
4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition TVA.
5. Moiritoring frequencies are based on the actual dry tons applied per year using the table below. unless specified above.
Dry Tons Generated
(short tons er ear)
Monitoring Frequency
(Established in 40 CFR 503 and 15A NCAC 02T.11 11
-319
[ /Year
Monitoring
-
=-1,650 - :16,500
1160 Days (6 times per year)
_= t6,500
Monitoring Monitoring
illaximum
Frequency for
Approved
Owner
Facility Name County
Permit
Biological Frequency for Frequency for
Dry Tons
pathogen &
Mineralization
Number
Residuals Non -hazardous Metals and
Per Year z a, s
Vector Attraction
hate
Characteristics Nutrients
Red uctions'•$
To«n of Old Fort
Old Fort W W'FP McDowell
NCO021229
Yes 180 Once per permit See Table. Below
cycle (5 ears
See Table Below
0.30
Total
1801
I. Maximum Dry Tons per Year is the amount orresiduals product approved for distribution from the permitted facility.
2. Analyses to demonstrate that residuals are non -hazardous (i.e., 'I'Cl.l', ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2.
3. Testing of metals and mitrients as stipulated under permit Condition IV.3.
4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition TVA.
5. Moiritoring frequencies are based on the actual dry tons applied per year using the table below. unless specified above.
Dry Tons Generated
(short tons er ear)
Monitoring Frequency
(Established in 40 CFR 503 and 15A NCAC 02T.11 11
-319
[ /Year
= 3l9 - 1,650
1/ Quarter (4 times per year)
=-1,650 - :16,500
1160 Days (6 times per year)
_= t6,500
[/month (12 times per yeah)
If no laud 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 snake up the missed sampling, contact the EPA for additional information and
Clarification.
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