HomeMy WebLinkAboutWQ0012521_Final Permit_20070330March 30, 2007
Henry Dail
825 NC 24 East
Dail Brothers Truck & Trailer Wash
Kenansville, NC 28349
Dear Mr. Dail:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W, nmek, P.E. Director
Division of Water Quality
Subject: Permit No. WQ0012521
Dail Brother Livestock Trailer
Washout Facility
Wastewater Surface Irrigation
Duplin County
In accordance with your permit modification request received February 2, 2007, we are
forwarding herewith Permit No. WQ0012521, dated March 30, 2007, to Dail Brothers for the continued
operation of the subject wastewater treatment and surface irrigation facilities. This modification includes
the removal of spray irrigation field I and the reduction of permitted daily flow to 1,100 GPD.
This permit shall be effective from the date of issuance until September 30, 2011, shall void
Permit No. WQ0012521 issued October 5, 2006, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring requirements 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 the
North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Matthew Fleahman at
(919) 715-6173.
S
, Alan W. Klimek,�.E.
cc: Duplin County Health Department
Wilmington Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
LAU Files
N°"zthCaroli a
Naturally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service
Intemet: h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 FAX (919) 715-6048 1-877-623-6748
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SURFACE IRRIGATION SYSTEM 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
Dail Brothers
Duplin County
FOR THE
continued operation and maintenance of a spray irrigation treatment and disposal facility program for the
spray irrigation of up to 1,100 gallons per day (GPD) of wastewater generated from livestock trailer wash
activities, conducted at the Dail Brothers trailer wash facility, consisting of: one-544,290-gallon clay -
lined lagoon; one -spray irrigation pump; one-1.40 acre (solid -set) spray irrigation field, and all associated
valves, piping, and appurtenances to serve the Dail Brothers' Livestock Trailer Washout Facility (with a
maximum service volume of up to eight livestock trailers per day), with no discharge of wastes to the
surface waters, pursuant to the modification request, received February 2, 2007; and in conformity with
the project plan, specifications, and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until September 30, 2011, shall void Permit
No. WQ0012521 issued October 5, 2006, and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
1. The surface irrigation facilities shall be effectively maintained and operated at all times so that there
is no discharge to the surface waters, nor any contamination of ground waters, which will render them
unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including
the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the
wastewater, the Permittee shall take immediate corrective actions including those actions that may be
required by the Division of Water Quality, such as the construction of additional or replacement
wastewater treatment and disposal facilities.
2. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface or groundwaters resulting from the operation of this facility.
3. The residuals generated from these treatment facilities must be disposed in accordance with General
Statute 143-215.1 and in a manner approved by the Division.
4. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
S. The following buffers shall be maintained:
a) 400 feet between wetted area and any residence or places of public assembly under separate
ownership,
b) 150 feet between wetted area and property lines,
c) 100 feet between wetted area and wells,
d) 100 feet between wetted area and drainage ways or surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 100 feet between treatment/storage units and any wells, and
g) 50 feet between treatment units and property lines.
Some of the buffers specified above may not have been included in previous permits for this waste
treatment and disposal system. These buffers are not intended to prohibit or prevent modifications,
which are required by the Division, to improve performance of the existing treatment facility. These
buffers do, however, apply to modifications of the treatment and disposal facilities that are for the
purpose of increasing the flow that is tributary to the facility. These buffers do apply to any
expansion or modification of the irrigation areas and apply in instances in which the sale of property
would cause any of the buffers now complied with, for the treatment and disposal facilities, to be
violated. The applicant is advised that any modifications to the existing facilities will require a permit
modification.
H. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to
be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit
the facilities in accordance with 15A NCAC 8G .0204 or as specified in this permit and shall comply
with all other conditions specified in these rules.
3. A suitable year round vegetative cover shall be maintained.
4. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause runoff.
5. Adequate measures shall be taken to prevent wastewater runoff from the irrigation field.
6. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of any wastewater resulting from the operation of this facility.
7. The application rate shall not exceed a cumulative loading of 11.40 inches over any 12-month period,
at an instantaneous application rate of up to 0.22 inches per hour. At no time, shall the instantaneous
application rate (inches applied per hour-1PH) result in surface run-off conditions. Nor shall the
instantaneous application rate (IPH) result in ponded wastewater conditions.
Prior to applying spray irrigation effluent to the permitted spray application sites (see Condition VI.
4.) that have previously received, or are intended to receive animal waste (e.g., poultry litter, hog
lagoon effluent, manure solids, etc.) in the future, the Permittee shall obtain information pertaining to
the volume and analysis of the applied waste. The Permittee shall be responsible for verifying the
volume of spray irrigation effluent that may be land applied to the site such that the plant available
nitrogen (PAN) loading rate for the specified crop (see Condition II. 9.) is not exceeded by ALL
sources of PAN applied. Should the maximum PAN loading rate be met, then no additional spray
irrigation effluent shall be applied to the site for the remainder of the cropping season.
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9. The following North Carolina Division of Agriculture (NCDA) recommended application rates of
Plant Available Nitrogen (PAN) shall not be exceeded for any of the given specified crops, below. At
any time, the Permittec may submit a Waste Utilization Plan (which includes PAN application to Site
1A and Site 1B) to the Division for acknowledgement and approval, in order to adjust PAN to reflect
site -specific conditions.
Crop _ - _ PAN (pounds N/acre/year)
Crop PAN (pounds N/acre/year)
Bermuda Grass (Hay)
220
Milo
100
Small Grain (Wheat, Barley, Oats)
100
Corn (Grain)
160
Corn (Silage)
200
Sorghum, Sudex (Silage)
220
Cotton
70
Soybeans
200
Fescue (Hay)
250
Timothy, Orchard, & Rye Grass (Hay)
200
If approved Site IA is in a Bermuda Grass (Hay) -Small Grain overseed rotation, then the small grain
crop shall receive an application of PAN at a rate of no greater than 50 pounds PAN/acre/year. This
practice will be allowed as long as the small grain is to be harvested. If the small grain is to be
planted for erosion control only, and is to be tilled into the soil, then no wastewater effluent shall be
applied to the small grain crop, since additional PAN applied to this crop, will not be removed
(harvested) from the soil.
10. No type of wastewater other than that from Dail Brothers Livestock Trailer Washout Facility shall be
irrigated onto the irrigation area.
11. Domestic wastewater sources (for example: Toilet flush water, or human septage pump -out, etc.) are
prohibited from entering the Livestock Trailer Washout Facility's treatment lagoon; and prohibited
from being applied via spray irrigation effluent to the designated irrigation field. Under no
circumstances shall the Permittee allow domestic wastewater to enter the Livestock Trailer Washout
Facility's treatment or spray irrigation system.
12. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed. Extreme care should be taken by Permittee to avoid
causing excessive soil compaction conditions during routine maintenance of the spray
application area.
13. Public access to the land application sites shall be controlled during active site use. Such controls
may include the posting of signs showing the activities being conducted at each site.
14. Freeboard in the storage lagoon shall not be less than two feet at any time.
15. Only those cleaning agents and soaps that are EPA approved, will not harm the cover crop, and will
not contravene the groundwater standards listed in 15A NCAC 2L may be utilized in the Dail
Brothers Livestock Trailer Washout facility. Instruction labels are to be followed when using
cleaning agents and soaps.
16. Engine and engine parts shall not be washed or rinsed in the wastewater system. Oil drained from
engine crankcases, antifreeze or degreasing solvent wastes SHALL NOT be discharged into the
disposal system.
17. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control areas,
and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow
on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or
otherwise controlled and accessible.
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18. Results from the soils analysis required in Permit Condition III. 4., shall be utilized by the Permittee,
to determine the appropriate amount of lime and/or gypsum to be incorporated into the spray
irrigation field to neutralize the potential build-up of salts within the primary soil horizon (i.e.,
effective rooting depth of the crop grown, or soil horizon O/A (up to 12 inches), whichever is least in
depth) of the designated irrigation field. The salt build-up hazard is due to the continuous addition of
trailer cleaning agents and disinfectants to the spray irrigation effluent. If the accumulation of salts
results in the soil's inability to properly assimilate spray irrigation effluent (i.e. soil infiltration rate is
less than 0.22 inches per hour, refer to Condition 11. 7.), then the Permittee must provide an
alternative disposal site, subject to Division approval, prior to further spray irrigation activities.
MONITORING AND REPORTING REQUIREMENTS
Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to insure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.
2. Adequate records shall be maintained by the Permittee tracking the amount of wastewater disposed.
These records shall include, but are not necessarily limited to, the following information:
a. Date of irrigation;
b. Volume of wastewater irrigated;
c. Field irrigated;
d. Length of time field is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field;
f. Continuous weekly, monthly, and year-to-date PAN (pounds/acre) loadings for each field;
g. Nitrogen balance for each field after an application event;
h. Weather conditions;
i. Cover crop; and
j. Maintenance of cover crops
The effluent from the subject facilities shall be monitored by the Permittee at point prior to irrigation
every March, July, and November for the following parameters:
PH
Sodium Magnesium
Calcium Sodium Adsorption Ratio (by calculation)
NCDA-CS (Agronomic Division) Waste analysis Report form I
I. Analysis report shall be used in the monitoring and proper management of the cover
crops grown on the spray irrigation field. The analysis report shall also be used as an
indicator to prevent any permanent damage to the soil infiltration rate of the
designated spray irrigation field.
4. An ANNUAL representative soils analysis (Standard Soil Fertility Analysis) shall be conducted
during the months of April 15`h to September 15t' (after initial sampling date is established, future
annual sampling, thereafter, shall occur on or near the date of the initial sampling (+/- up to seven
days)) on each permitted spray field area, and the results shall be maintained on file by the Permittee
for a minimum of five years. The soil sample depth used, shall be at either the effective rooting depth
of the crop grown, or within soil horizon O/A (up to 12 inches), whichever is least in depth.
The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following
parameters:
Acidity
Calcium
Copper
Magnesium
Cation Exchange Capacity
Manganese Potassium
Percent Humic Matter Sodium
pH Zinc
Exchangeable Sodium Percentage' Phosphorus
Base Saturation (by calculation)
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'Due to the possibility of a presence of high salts in the spray irrigation effluent, the exchangeable
sodium percentage (ESP) shall be monitored on the designated spray irrigation site by using the
results from the annual soil analysis. ESP is calculated as follows: ESP = (Na
(milliequivalents)/Cation Exchange Capacity (CEC)) x 100. If the ESP of the designated spray
irrigation site results in an ESP of greater than 10 percent, consult the agronomic advice of the local
Extension Office, the Department of Agriculture, the Natural Resource Conservation Service,
Certified Agronomist, or a North Carolina Licensed Soil Scientist, prior to the further spray irrigation
of effluent on the irrigation site of concern. Any of the above parties may review the ESP results, in
light of the particular site conditions and make recommendations. The Permittee shall implement
these recommendations in the management of the given spray irrigation site
5. Freeboard in the storage lagoon shall be recorded weekly.
6. Three (3) copies of all monitoring data [as specified in Condition III(3)] on Form NDMR-1 and three
(3) copies of all operation and disposal records [as specified in Conditions M(2) and III(5)] on Form
NDAR-1 shall be submitted on or before the last day of the following month. Three copies of the
representative soils analysis (as specified in Condition III. 4.) shall be submitted ANNUALLY on or
before March I" of the year following the initial spray irrigation event All information shall be
submitted to the following address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)
796-7215, 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 at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a sludge digester; the known passage of a slug of hazardous substance through the
facility, or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station or facility.
d. Any time that self -monitoring information indicates that the facility has gone out of compliance
with its permit limitations.
Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five (5) days following first knowledge of the occurrence. This report must outline the actions taken
or proposed to be taken to ensure that the problem does not recur.
IV. GROUNDWATER REQUIREMENTS
L Vertical Separation Requirements:
a) Waste application activities shall not occur when the vertical separation between depth of
application and the water table is at less than one foot. Verification of the water table elevation
can be confirmed by water level readings obtained from auger borings, which must be done
within 24 hours prior to the wastewater application event. Any open borings must be properly
re -filled with native soil, prior to the application event, to decrease the chance of any waste
contaminating the groundwater.
2. Applicable Boundaries:
a) The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A
NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary for the
disposal system individually permitted after December 31, 1983, and 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 according to 15A
NCAC 2L .0106 (d)(2).
b) The 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 action, in accordance with 15A NCAC 2L.0106
(d)(1).
3. Additional Requirements:
a) Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided.
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
2, The Permittee or his designee shall inspect the wastewater treatment and disposal 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 keep 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 three years from the date of the inspection and shall be
made available upon request to the Division or other permitting authority.
3. 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 disposal site or
facility at any reasonable time for the purpose of determining compliance with this permit; may
inspect or copy any records that must be maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
I. This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
2. This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, a formal permit request must be submitted to the Division
accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of this request will be considered on its merits and
may or may not be approved.
4. The following is the approved site for irrigation and/or land application (see attached map[s]):
Site No. Owner/Lessee (Operator) Application Area [acres]
T (excluding buffers)
IA Edward and (Henry Dail) 1.40
TOTAL APPROVED ACRES: 1.40
5. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
6. The 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 government agencies (local, state,
and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A
NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under
the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A
NCAC 2B .0200 and 2H .0500.
7. The Permittee shall retain a set of approved plans and specifications for the life of the project.
S. The Permittee must pay the annual administering and compliance fee 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 15A NCAC 2H .0205 (c)(4).
9. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension.
Upon receipt of the request, the Commission will review the adequacy of the facilities described
therein, and if warranted, will extend the permit for such period of time and under such conditions
and limitations as it may deem appropriate.
Permit issued this the 30"' day of March, 2007
NORTH C OLINA E VIRONMENTAL MANAGEMENT COMMISSION
-Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission.
Permit Number WQ0012521