WQ0012210_Final Permit_20020410

A R Michael F. Easley. Governor
O= pG William G. Ross Jr-, Secretary
q North Carolina Department of Environment and Natural Resources
r
i Gregory J. Thorpe, Ph.D., Acting Director
a C Division of Water Quality
April 10, 2002
MR. BILL COOK, TOWN MANAGER
TOWN OF BANNER ELK
POST OFFICE Box 2049
BANNER ELK, NORTH CAROLINA 28604
Subject: Permit No. WQ0012210
Town of Banner Elk
Town of Banner Elk Residuals
Composting Facility and
Distribution Program
Distribution of Residual Solids (503)
Avery County
Dear Mr. Cook:
In accordance with your permit renewal application package received on January 22, 2001 as well
as the additional information received on April 5, 2001, we are forwarding herewith a renewed Permit
No. WQ0012210 dated April 10, 2001, to the Town of Banner Elk for the subject residuals composting
facility and distribution program.
This permit shall be effective from the date of issuance until March 31, 2007; shall void Permit
No. WQ0012210, issued on May 31, 1996; and shall be subject to the conditions and Iimitations as
specified therein. Make note of this perrnit's expiration date and the fact that a permit renewal
application is due to the Division of Water Quality (Division) no later than six months prior to that date
(i.e., see Condition Vl. 7.), as the Division does not send reminders to apply for permit renewal.
This permit approves the continued operation of the residuals land application program for
another five-year cycle. As always, remember to take the time to review this permit thoroughly, as
some of the conditions contained therein may have been added, changed, or deleted since the Iast
issuance. Of particular interest is Condition I. 1., which requires the development, submittal, approval,
and implementation of a comprehensive residuals management plan within 180 days of this permit's
issuance.
As always, pay particular attention to the monitoring requirements in this permit. In recent years,
the Permittee has distributed residuals that have not met a "Process to Further Reduce Pathogens (PFRP),
as is required not only by this permit but also by the federal regulations contained in 40 CFR Part 503.
Note that residuals that have not met the Class A pathogen requirements cannot be distributed, and an
alternate method for disposal of these residuals that is acceptable to the Division of Water Quality
(Division) must be pursued. Furthermore, please be aware that all laboratory analyses and data that was
collected to substantiate compliance with the pathogen and vector attraction reduction requirement must
be submitted to the Division with the annual report required in Condition III. 7. Failure to establish an
adequate system for collecting, maintaining, and submitting the required operational information will
result in future compliance problems.
#+&
NCDENR
Non -Discharge Permitting Unit Internet httpJ/h2o.enr.state-nc.us/ndpu
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone [phone] Fax [phone]
DENR Customer Service Center Telephone [phone]
An Equai Opportunity Action Employer 50% recycled/l0% post-consurner paper

If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within 30 days following receipt of this
permit. This request shall be in the from of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, North Carolina 27699-6714. Unless such demands are made, this permit shall be final
and binding.
If you need any additional information concerning this matter, please contact Ms. Shannon Mohr
Thornburg by telephone at [phone], extension 353, or 'via e-mail at
[e-mail].
Since 1 ,
„dor Gregory J. Thorpe, Ph.D.
cc: Avery Health Department
Asheville Regional Office -Water Quality Section
Asheville Regional Office -Groundwater Section
Central Office -Groundwater Section
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
Water Quality Central Files
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
DISTRIBUTION OF RESIDUAL SOLIDS (503) 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 Banner Elk
Avery County
FOR THE
continued operation of a composting facility consisting of an aerobic digester, sludge drying beds, a 55 -
foot by 85 -foot concrete pad, and a forced -air aeration system as well as a program consisting of the
treatment and distribution of up to 21 dry tons per year of a Class A residuals product generated from the
composting treatment of municipal wastewater residuals from the source listed in Condition II. 3. The
program shall be operated such that no discharge of waste to surface waters occurs, pursuant to the permit
renewal application package received on January 22, 2001 as well as the addition information received on
April 5, 2001, and in conformity with the project plan, specifications, and other supporting data
subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until March 31, 2007; shall void Permit
No. WQ0012210, issued on May 31, 1996; and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
Within 180 days of this permit's issuance, the Permittee shall develop and submit to the
Division of Water Quality (Division) a comprehensive residuals management plan. This plan
shall consist of the following minimum components:
a. Standard procedures for the operation of the aerobic digester, sludge drying beds, and
residuals composting facility. The procedures shall specifically detail how the Class A
residual product will be prepared and composted such that it complies with this permit
and the federal requirements stipulated under 40 CFR Part 503.

b. Standard procedures and for all sampling and data collection needed to comply with this
permit. The procedures shall detail the locations of the sampling and data collection
points, the type of sample to be taken, and the frequency that the samples must be taken
or data must be collected. The procedures shall also detail how and when testing of the
Class A residuals product for pathogen regrowth will be completed should it be
stockpiled for a significant amount of time.
c. Standard internal and external forms for keeping records of sampling and data collection
events needed to comply with this permit and the federal requirements stipulated under
40 CFR Part 503.
d. A contingency plan for handling of residuals that cannot be distributed under the
conditions of this permit because the analytical limits or pathogen/vector attraction
reductions cannot be met.
One copy of the residuals management plan shall be forwarded to the NCDENR-DWQ, Non -
Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 and
NCDENR-DWQ, Asheville Regional Office, 59 Woodfin Place, Asheville, NC 28801 for
review. Immediately upon written approval by the Water Quality Section of the Division's
Asheville Regional Office, the Permittee shall implement the residuals management plan.
2. The residuals composting facility and distribution program shall be effectively maintained
and operated as a non -discharge system to prevent the discharge of any wastes to waters of
the state resulting from the operation of this facility or program.
This permit shall become voidable in the event of failure of the residuals composting facility
or distribution program to adequately protect the assigned water quality standards of the
surface waters and groundwater.
4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface water or groundwater resulting from the operation of this residuals composting
facility or distribution program.
In the event that the residuals composting facility or distribution program is not operated
satisfactorily, including the creation of nuisance conditions, the Permittee shall take any
immediate corrective actions as may be required by the Division.
Diversion or bypassing of untreated residuals or leachate from the residual composting
facility shall be prohibited. All leachate shall be reused as a wetting agent for the processing
of residuals or disposed of through a Division -approved method.
When wastewater residuals are sold or given away, one of the Class A pathogen requirements
in 40 CFR Part 503.32(a) and one of vector attraction reduction requirements in 40 CFR Part
503.33 shall be met. Additionally, an evaluation shall be performed which demonstrates the
residuals' ability to comply with this requirement. Upon request, a copy of this evaluation,
including all test results and calculations, shall be submitted.
IL OPERATION AND MAINTENANCE REQUIREMENTS
The residuals composting facility and distribution program shall be properly operated and
maintained at all times.

2. Upon classification of the residuals composting facility and distribution program by the
Water Pollution Control System Operators Certification Commission (WPCSOCC), the
Permittee shall employ a certified operator to be in responsible charge (ORC) of the facility
and program. The operator shall hold a certificate of the type classification assigned to the
facility and program by the WPCSOCC. The Permittee shall also employ a certified back-up
operator of the appropriate type to comply with the conditions of 15A NCAC 8G .0202.
3. No residuals other than those generated by the following residuals source -generating facility
shall be approved for distribution in accordance with this permit:
Permit Volume
Source County Number (Dry Tans/Year)
Town of Banner Elk WWTP Avery NPDES Permit No. NC0032115 21
4. No other residuals other than that from the residuals source -generating facility specified in
Condition IL 3. may be composted and distributed under this permit. The Permittee shall
request and obtain a permit amendment from the Division for each additional residual source -
generating facility prior to acceptance of those residuals for treatment in the approved
residuals composting facility and distribution through the approved residuals distribution
program.
5. All residuals and Class A residuals product residuals shall be adequately stored to prevent
leachate runoff prior to and following treatment. Following treatment, the Class A residuals
product may be stored in an elevated silo, placed on a concrete pad, kept under shelter,
covered, or stored in a manner as otherwise approved by the Division until such time as it is
distributed to the user. If an alternative storage site is to be used, approval shall fust be
obtained from the Division.
6. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying pollutants from residuals or the CIass A residuals product from the residuals
composting facility onto adjacent property or into any surface waters.
7. For a Class A residuals product to be sold or given away in bags or other container for
application to the land, the following shall be satisfied:
The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average
Concentrations (Dry Weight Basis) shall be maintained:
t
Ceiling
Monthly Average
Concentrations
Concentrations
Parameters
(mg1kg)
_ (rnR/k�
Arsenic
75
41
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Mercury
57
17
Molybdenum
75
----
Nickel
420
420
Selenium
100
100
Zinc
7,500
2,800
t

8. A label shall be affixed to the bag or other container in which a Class A residuals product is
sold or given away for application to the land, or an information sheet shall be provided to
the person who receives the Class A residuals product sold or given away in another
container for application to the land. The Iabel or information sheet shall contain the
following information:
a. The name and address of the person who prepared the Class A residuals product that is
sold or given away in a bag or other container for application to the land.
b. A statement that application of the Class A residuals product to the land is prohibited
except in accordance with the instructions on the Iabel or information sheet.
c. The following statement shall be included to help prevent direct application of the
Class A residuals product to water supply sources and all other waters of the state. "As
with any fertilizer product, do not apply in or near any water supply source or any body
of water, including wells, streams, rivers, and lakes."
d. The Class A residuals product shall not be applied to any site that is flooded, frozen, or
snow-covered.
e. Adequate procedures shall be provided to prevent surface runoff from carrying any
disposed or stored Class A residuals product into any surface waters.
III. MONITORING AND REPORTING_ REQUIREMENTS
Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division to ensure protection of the environment shall be
established and an acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee to track all CIass A residuals product
distribution activities. These records shall include, but are not necessarily Iimited to, the
following information:
a. Source, amount, and analysis of each Class A residuals product.
b. Name of the initial recipient of the Class A residuals product, the amount distributed, and
the intended use.
An analysis shall be conducted by the Permittee on the Class A residuals product annually
from the date of permit issuance. The results of all analyses shall be maintained on file by the
Permittee for a minimum of five years. The analysis shall include the following parameters:
Aluminum
Ammonia -Nitrogen
Arsenic
Cadmium
Calcium
Copper
Lead
Magnesium
Mercury
Molybdenum
Nickel
Nitrate -Nitrite Nitrogen
Percent Total Solids
PH
Phosphorus
Potassium
Selenium
Sodium
Total Kjeldahl Nitrogen
Zinc
Plant Available Nitrogen
(by calculation)

The Class A residuals product shall be analyzed to demonstrat6 that they are non -hazardous
under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and
reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis
shall be conducted by the Permittee once during this permit cycle, and the results of the
analyses shall be maintained on file by the Permittee for a minimum of five years. As a way
to ensure compliance with this condition, the Division recommends that this analytical work
be performed during the last full calendar year before the permit renewal application is due.
The TCLP analysis shall include the following parameters (i.e., note the. regulatory level in
milligrams per liter in parentheses):
Arsenic (5.0)
1,4 -Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium. (100.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
1, 1 -Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5.0)
Chlordane (0.03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5 -Trichlorophenol (400.0)
m -Cresol (200.0)
Lead (5.0)
2,4,6 -Trichlorophenol (2.0)
o -Cresol (200.0)
Lindane (0.4)
2,4,5 -TP (Silvex) (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)
The Class A residuals product shall be monitored by the Permittee annually for compliance
with Condition I.7. of this permit. The monitoring frequency cycle shall start on the date of
permit issuance, and the results of all analyses shall be maintained on file by the Permittee for
a minimum of five years. Data to verify stabilization of the residuals shall be maintained by
the Permittee. The required data shall be specific to the stabilization process utilized, but
should be sufficient to demonstrate compliance with the Class A pathogen requirements in 40
CFR Part 503.32(a) and the vector attraction reduction requirements in 40 CFR Part 503.33
clearly. In addition, the EPA certification statements concerning compliance with pathogen
requirements, vector attraction reduction requirements, and management practices shall be
completed at the above frequency by the proper authority or authorities if more than one is
involved, either the person who generates the residuals or the person who prepares the
residuals to be sold or given away.
6. Laboratory analyses and/or operational data, as required by Condition III_ 3_, Condition ][[I-
4- and Condition III. S., shall be performed/gathered on the Class A residuals product as it is
to be distributed.
7. Three copies of all required monitoring and reporting requirements as specified in Condition
III. l., Condition III. 2., Condition Ill. 3., Condition M. 4., and Condition M. 5.shall be
submitted annually on or before March I' of the year following the distribution event to the
following address:
NCDENR-DWQ
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

8. Noncompliance Notification:
The Permittee shall report by telephone to the Water Quality Section of Division's Asheville
Regional Office at telephone number [phone], as soon as possible, but in no case
more than 24 hours or on the next working day following the occurrence or first knowledge
of the occurrence of any of the following:
a. Any occurrence with the residuals composting facility or distribution program that results
in the land application of significant amounts of wastes which are abnormal in quantity or
characteristic.
b. Any failure of the residuals composting facility or distribution program resulting in a
release of material to receiving waters.
c. Any time that self-monitoring information indicates that the residuals composting facility
or distribution program 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 residuals
composting facility incapable of adequate residual treatment.
e_ Any spillage or discharge from a vehicle or piping system during transportation of
residuals or Class A residuals product.
Persons reporting such occurrences by telephone shall also file a written report in letterform
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.
IV. GROUNDWATER REOUI_REMENTS
1. Applicable Boundaries:
a_ The COMPLIANCE BOUNDARY for the residuals composting facility shall be as
specified by regulations in 15A NCAC 2L (Le., "Groundwater Classifications and
Standards"). The Compliance Boundary for a disposal system individually permitted
after December 31, 1983 shall be established at either (1) 250 feet from the waste
disposal area or (2) 50 feet within the property boundary, whichever is closest to the
residuals composting facility. An exceedance of groundwater quality standards at or
beyond the Compliance Boundary shall be subject to immediate remediation action
according to 15A NCAC 2L .0106(d)(2)_
b. The REVIEW BOUNDARY shall be established around the residuals composting facility
midway between the Compliance Boundary and the perimeter of the waste disposal area.
Any exceedance of groundwater quality standards at the Review Boundary shall require
action in accordance with 15A NCAC 2L .0106(d)(1).
2. Other Requirements:
a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided_

V.
The Permittee or his designee shall inspect the residuals storage, transport, and treatment
facilities to prevent malfunctions and deterioration, operator errors and discharges which may
cause or Iead to the release of wastes to the environment, a threat to human health, or a
nuisance. The Permittee shall maintain an inspection log or summary including at least the
date and time of inspection, observations made, and any maintenance, repairs, or corrective
actions taken by the Permittee. This log of inspections shall be maintained by the Permittee
for a period of five years from the date of the inspection and shall be made available to the
Division or other permitting authority, upon request.
2. Any duly authorized officer, employee, or representative of the Division may, upon
presentation of credentials, enter and inspect any property, premises or place on or related to
the residuals composting facility at any reasonable time for the purpose of determining
compliance with this permit; may inspect or copy any records that must be kept under the
terms and conditions of this permit; and may obtain samples of groundwater, surface water,
or leachate.,
VI. GENERAL CONDITIONS
This permit shall become voidable unless the residuals composting facility and distribution
program are operated in accordance with the conditions of this permit, the supporting
materials, and in the manner approved by the Division.
2. This permit shall be effective only with respect to the nature and volume of residuals
described in the application and other supporting data.
3_ Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statutes § 143-215.6A through § 143-215.6C.
4. The annual administering and compliance fee shall be paid by the Permittee within 30 days
after being billed by the Division. Failure to pay the fee accordingly may cause the Division
to initiate action to revoke this permit, as specified by 15 NCAC 2H _0205 (c)(4).
5. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that may be imposed by other government agencies
(i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable
river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control
requirements in 15A NCAC Chapter 4 and under the Division's General Permit
NCGOI0000O, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and
15A NCAC .0500.
6. This permit may be modified, revoked, and/or reissued to incorporate any conditions,
limitations and monitoring requirements the Division deems necessary in order to protect the
environment and public health adequately.

The Permittee, at least six months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Division shall review the adequacy of the
residuals composting facility and distribution program described therein, and if warranted,
shall extend the permit for such period of time and under such conditions and limitations as it
may deem appropriate.
This permit shall not be automatically transferable. In the event that there is a desire for the
residuals composting facility and distribution program to change ownership or to change the
name of the Permittee, a formal permit request shall be submitted to the Division
documentation from the parties involved and other supporting materials as may be
appropriate. The approval of this request shall be considered on its merits and may or may
not be approved.
Permit issued this the tenth day of April, 2002.
NORTH OLINA E I ONMENTAL MANAGEMENT COMMISSION
for Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0012210