WQ0012210_Final Permit_19960531

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Michael Brooks,
Town of Banner Elk
P.Q. Box 156
Town Manager
Banner Elk, NC 28604
Dear Mr. Brooks:
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May 31, 1996
Subject: Permit No. WQ0012210
Town of Banner Elk
Distribution of Class A Wastewater Residuals
Avery County
In accordance with your application received on March 21, 1996, we are forwarding herewith
Permit No. WQ0012210, dated May 31, 1996, to the Town of Banner Elk for the operation of a
wastewater residuals composting facility for the distribution of Class A residuals.
This permit shall be effective from the date of issuance until April 30, 2001, and shall be subject to
the conditions and limitations as specified therein. Please pay particular attention to the monitoring and
reporting requirements contained in this permit. Failure to establish an adequate system for collecting and
maintaining the required operational information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact J. Ray Cox:at (919) 733-
5083, extension 549.
Sincerely,
A. Preston Toward, Jr., F—(,
cc: Avery County Health Department
Asheville Regional Office, Water Quality Section
Training and Certification Unit
Facilities Assessment Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

6. Upon classification of the facility by the Certification Commission, the Permittee shall
employ a certified residuals operator to be in responsible charge (ORC) of the residuals
program. The operator must hold a certificate of the type classification assigned to the
residuals program by the Certification Commission. The Permittee must also employ a
certified back-up operator of the appropriate type to comply with the conditions of Title
15A NCAC 8A,.0202.
7. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying pollutants from the residuals treatment area onto the adjacent property or into
any surface waters.
8. A label shall be affixed to the bab or other container in which residuals that are sold or
given away for application to the land, or an information sheet shall be provided to the
person who receives the residuals sold or given away in an other container for application
to the land. The label or information sheet shall contain the following information:
a. The name and address of the person who prepared the residuals that is sold or given
away in a bag or other container for application to the land.
b. A statement that application of the residuals to the Iand is prohibited except in
accordance with the instructions on the label or information sheet.
c. Information on all applicable buffers including a 10 foot buffer between application site
and any public or private water supply source (including wells) and any stream, lake,
or river.
d. Residuals 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 residuals into any surface waters.
MONITORING AND REPORTING _REQUIREMENTS
Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division of Environmental Management to insure
protection of the environment will be established and an acceptable sampling and reporting
schedule shall be followed.
2. Proper records shall be maintained by the Permittee tracking all residual activities. These
records shall include, but are not necessarily limited to the following information:
a. source, volume and analysis of each residuals
b. name of residuals` recipient, volume received, and intended use
3. A residual analysis shall be conducted annually from the date of permit issuance by the
Permittee. The results of all analysis shall be maintained on file by the Permittee for a
minimum of five years. The residuals analysis shall include the following parameters:
Arsenic
Molybdenum
Cadmium
Nickel
Copper
Selenium
Lead
Zinc
Mercury
AIuminum
pH
Ammonia -Nitrogen
Phosphorus
Calcium
Plant Available Nitrogen (by calculation)
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Residuals Analysis Parameters (cont.)
Magnesium Potassium
Nitrate -Nitrite Nitrogen Sodium
% Total Solids TKN
4. All residuals included in this permit must be monitored annually from the date of permit
issuance for compliance with condition 18 of this permit. Data to verify stabilization of the
residuals must be maintained by the Permittee. The required data is specific to the
stabilization process utilized, but should be sufficient to clearly demonstrate compliance
with the Class A pathogen requ,-.-nents in 40 CFR Part 503.32(a) and the vector attraction
reduction requirements in 40 CFR Part 503.33. In addition, the EPA certification
statements concerning compliance with pathogen requirements, vector attraction reduction
requirements and management practices must be completed annually 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.
5. Three copies of all required monitoring and reporting requirements as specified in
conditions III 1,1II 2, III 3 and 1114 shall be submitted annually on or before March 1 of
the following year to the following address:
NC Division of Environmental Management
Water Quality Section
Facility Assessment Unit
PO Box 29535
Raleigh, NC 27626-0535
6. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, 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 distribution program which results in the land application of
significant amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the distribution program resulting in a release of material to receiving
waters.
c. Any time that self-monitoring information indicates that the facility has gone out of
compliance with the conditions and limitations of this permit or the parameters on
which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system during transportation of
residuals.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within five (5) days following first knowledge of the occurrence. This report must
outline the actions taken or proposed to be taken to ensure that the problem does not recur.
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IV. GROUNDWATER REQUIREMENT
1. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in
15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is
for the disposal system constructed after December 31, 1983 is established at either (1) 250
feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is
closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or
beyond the Compliance Boundary is subject to immediate remediation action in addition to
the penalty provisions applicable under General Statute 143-215.6A(a)(1).
In accordance with 15A NCAC 2I., a REVIEW BOUNDARY is established around the
disposal systems midway between the Compliance Boundary and the perimeter of the
waste disposal area. Any exceedance of standards at the Review Boundary shall require
remediation action on the part of the permittee.
2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
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 lead to the release of wastes to the environment, a threat to human health, or a
nuisance. The Permittee shall maintain an inspection log or summary including at least the
date and time of inspection, observations made, and any maintenance, repairs, or corrective
actions taken by the Permittee. This log of inspections shall be maintained by the Permittee
for a period of five years from the date of the inspection and shall be made available to the
Division of Environmental Management or other permitting authority, upon request.
2. Any duly authorized officer, employee, or representative of the Division of Environmental
Management may, upon presentation of credentials, enter and inspect any property,
premises or place on or related to the treatment site or facility at any reasonable time for the
purpose of determining compliance with this permit; may inspector copy any records that
must be kept under the terms and conditions of this permit; and may obtain samples of
groundwater, surface water, or Ieachate.
V I . GENERAL CONDITIONS
I . This permit shall become voidable unless the distribution activities are carried out in
accordance with the conditions of this permit, the supporting materials, and in the manner
approved by this Division.
2. This permit is effective only with respect to the nature and volume of residuals described in
the application and other supporting data.
3. This permit is not automatically transferable. In the event that there is a desire for the
facilities to change ownership or a name change of the Permittee, a formai permit request
must be submitted to the Division of Environmental Management accompanied by an
application fee, documentation from the parties involved, and other supporting materials as
may be appropriate. The request will be considered on its merits and.may or may not be
approved.
4. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Environmental Management in
accordance with North Carolina General Statute 143-215,6(a) to 143-215.6(c).
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The annual administering and compliance fee must be paid by the Permittee within thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205
(c)(4)•
6. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
7. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and it warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
This permit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division of Environmental Management deems
necessary in order to adequately protect the environment and public health.
Permit issued this the thirty-first day of May, 1996
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
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A. Preston qoward, Jr., P.E , Director
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit Number WQ0012210
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