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HomeMy WebLinkAboutWQ0012709_Final Permit_20170508Water Resources ENVIRONMENTAL QUALITY May 8, 2017 VICTORL. SWINSON—OWNER RJS PROPERTIES OF NORTH CAROLINA, LLC 750 CROOMSBRIDGE ROAD BURGAW, NORTH CAROLINA 28425 Dear Mr. Swinson: ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Permit No. WQ0012709 Wells Pork -Beef Products WWTF Wastewater Irrigation System Pender County In accordance with your permit renewal request received April 19, 2017, we are forwarding herewith Permit No. WQ0012709 dated May 8, 2017, to RJS Properties of North Carolina, LLC for the continued operation of the subject wastewater treatment and irrigation facilities. This permit shall be effective from the date of issuance until April 30, 2022, shall void Permit No. W00012709 issued October 10, 2008, 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. Please note the following permit conditions have been removed since the last permit issuance dated October 10, 2008: ➢ Old Condition II.3. — This condition has been removed because there are no groundwater monitoring wells associated with this permit. Please note the following permit conditions are new since the last permit issuance dated October 10, 2008: ➢ Condition I.2. — States requirement for integrity test for certain structures. ➢ Condition I.3. — States requirement for evaluation of irrigation pumping system. ➢ Condition 11.9. — States conditions under which an easement shall be obtained by the Permittee within the compliance boundary. ➢ Condition VI.8. —References the revocation and unilateral modification powers of the Director. '>"Nothing Compares State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Pennitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-807-6332 Mr. Victor L. Swinson May 8, 2017 Page 2 of 2 ➢ Condition VL9. — States conditions under which permitted facilities expansion may or may not be granted. 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 need additional information concerning this permit, please contact David Schlobohm at (919) 807-6384 or david.schlobohm ,ncdenr.gov. Sincerely, -S. Jay Zimmerman, P.G., Director Division of Water Resources cc: Pender County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files I. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVHiONMENTAL QUALITY IMl11slC"II WASTEWATER 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 RJS Properties of North Carolina, LLC Pender County FOR THE continued operation of a 2,100 gallon per day (GPD) wastewater treatment and irrigation facility consisting of: a 1,500 gallon grease trap; three 1,500 gallon holding tanks; a 1,500 gallon pump tank with two V/2 horsepower (hp) submersible pumps, and a high water alarm system; four 17,000 gallon covered, above ground steel storage tanks; a 3.65 acre spray irrigation area with a solid set spray irrigation system including 20 Senninger 7025-1 spray nozzles and a five hp irrigation pump; and all associated piping, valves, controls, and appurtenances to serve the Wells Pork -Beef Products W WTF, with no discharge of wastes to surface waters, pursuant to the application received April 19, 2017, and in conformity with the project plans, specifications, and other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. This permit shall be effective from the date of permit issuance until April 30, 2022, shall void Permit No. WQ0012709 issued October 10, 2008, and shall be subject to the following specified conditions and limitations: 1. 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. [15A NCAC 02T .0105(d), 02T .0106, 02T .0109, 02T .0115(c)] 2. No later than three months from the date of issuance of this permit, the Permittee shall have evaluated and tested, by a qualified professional, the integrity of the three wastewater storage tanks, pump tanks, and associated valves and piping. The results of the evaluation and integrity tests shall be submitted in report form to the Division's Central and Wilmington Regional Offices upon receipt of the results by the Permittee. [15A NCAC 02T .0108(b)(2)] W00012709 Version 4.0 Shell Version 151201 Page 1 of 7 3. No later than three months from the date of issuance of this permit, the Permittee shall have the adequacy of the current pumping system evaluated by a qualified professional and shall subsequently submit a report of the findings to the Division's Central and Wilmington Regional Offices. [15A NCAC 02T .0108(b)(2)] H. PERFORMANCE STANDARDS The subject non -discharge facilities 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, or failure of the irrigation area to adequately assimilate the effluent, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or irrigation facilities. [G.S. 143- 215.1, 143-213.3(a)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [ 15A NCAC 02B .0200, 02L .0100] 3. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1)] 4. Application rates, whether hydraulic, nutrient or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0505(c), 02T .0505(n)] This disposal system was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the effluent disposal area, or 50 feet within the property boundary, whichever is closest to the effluent disposal 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. [15A NCAC 02L .0106(d)(2), 02L .0107(b)] 6. In accordance with 15A NCAC 02L .0108, the review boundary is established midway between the compliance boundary and the effluent disposal area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0106, 02L .0108] 7. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary. [15A NCAC 02L .0107(c)] 8. In accordance with 15A NCAC 02L .0107(d), no wells, excluding Division approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] 9. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Pender County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] W00012709 Version 4.0 Shell Version 151201 Page 2 of 7 10. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for irrigation sites permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 400 ii. Surface waters: 100 iii. Any well with exception of monitoring wells: 100 iv. Any property line: 150 v. Public right of way: 50 [15A NCAC 02H .02190)] b. The setbacks for storage and treatment units permitted under 15A NCAC 02H .0200 shall be as follows (all distances in feet): i. Any well with exception of monitoring wells: 100 ii. Any property line: 50 [15A NCAC 02H .02190)] M. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. 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. The Permittee shall maintain an Operation and Maintenance Plan, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. [15A NCAC 02T .0507] 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G .0200, and shall comply with all other conditions specified in the previously cited rules. [15A NCAC 02T .0117] A suitable year round vegetative cover shall be maintained at all times, such that crop health is optimized, allows for even distribution of effluent and allows inspection of the irrigation system. [15A NCAC 02T .0108(b)(1)] 4. Adequate measures shall be taken to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02T .0108(b)(1)] 5. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause ponding or runoff. [15A NCAC 02T .0108(b)(1)] 6. All irrigation equipment shall be tested and calibrated at least once per permit cycle. Calibration records shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(b)(l)] Only effluent from the Wells Pork -Beef Products WWTF shall be irrigated on the sites listed in AttachmentB. [G.S.143-215.1] 8. No automobiles or machinery shall be allowed on the irrigation sites except during equipment installation or while maintenance is being performed. [15A NCAC 02T .0108(b)(1)] W00012709 Version 4.0 Shell Version 151201 Page 3 of 7 IV. 9. Public access to the irrigation sites and wastewater treatment facilities shall be prohibited. [ 15A NCAC 02T .0505(q)] 10. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .0508. [ 15A NCAC 02T .0508, 02T .1100] 11. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. [15A NCAC 02T .05050)] 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 sampling reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. A Division certified laboratory shall conduct all laboratory analyses for the required effluent, groundwater or surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily average flow values shall be reported on Form NDMR. Flow may be estimated from water use records, provided the Permittee's water use is metered. Daily average flow values shall be calculated by dividing the monthly metered water usage by the number of days in the month. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the effluent from the subject facilities at the frequencies and locations for the parameters specified in Attachment A. [ 15A NCAC 02T .0108(c)] 5. The Permittee shall maintain adequate records tracking the amount of effluent irrigated. At a minimum, these records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h. Maintenance of cover crops. [15A NCAC 02T .0108(c)] 6. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Condition IV.S.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] WQ0012709 Version 4.0 Shell Version 151201 Page 4 of 7 7. The Permittee shall provide the Division with copies of the sampling analyses of the slaughterhouse water supply well (as required by the Pender County Health Department). The analyses shall be mailed to: Division of Water Resources Wilmington Regional Office Non -Discharge Permitting Unit Water Quality Regional Operations Section 1617 Mail Service Center 127 Cardinal Drive Raleigh, NC 27699-1617 Wilmington, NC 28405-2845 8. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T .0108(b)(1)] 9. A maintenance log shall be maintained at this facility. This log shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this log shall include: a. Visual observations of the plant and plant site; and b. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0108(b)(1)] 10. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility 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 [15A NCAC 02T .0108(c)] WQ0012709 Version 4.0 Shell Version 151201 Page 5 of 7 11. 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. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. 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) 733-3300. 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 betaken to ensure the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [15A NCAC 02T .0108(b)] 2. The Permittee or their designee shall inspect the wastewater treatment and irrigation 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 the inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and irrigation 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. [G.S. 143-21.5.3(a)(2)] 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. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. [15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). [G.S. 143-21.5.1] W00012709 Version 4.0 Shell Version 151201 Page 6 of 7 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 General Permit NCGO10000; 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, [15A NCAC 02T .0105(c)(6)] 5. In the event the permitted facilities change 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 property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0108(b)(1)] 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority. [15A NCAC 02T .01050)] 8. 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. [ 15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A NCAC 02T .0120] 10. 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. [15A NCAC 02T .0105(e)(3)] Permit issued this the 8' day of May 2017 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0012709 WO0012709 Version 4.0 Shell Version 151201 Page 7 of 7 THIS PAGE BLANK ATTACHMENT A — LIMITATIONS AND MONITORING REQUIREMENTS PPI 001— W WTF Effluent Permit Number: W00012709 Version: 4.0 EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS PCS Code Parameter Description Units of Measure Monthly Average Monthly Geometric Mean Daily Minimum Daily ° Maximum Measurement Frequency Sample Type 00310 BOD, 5-Day (20 °C) mg/L 3 x Year Grab 00916 Calcium, Total (as Ca) mg/L 3 x Year' Grab 31616 Coliform, Fecal ME, M-FC Broth, 44.5 °C #/100 mL 3 x Year' Grab 50050 Flow, in Conduit or thru Treatment Plant GPD 2,100 Monthly Estimate 00927 Magnesium, Total (as Mg) mg/L 3 x Year Grab 00610 Nitrogen, Ammonia Total (as N) mg/L 3 x Year' Grab 00625 Nitrogen, Kjeldahl, Total (as N) mg/L 3 x Year Grab 00620 Nitrogen, Nitrate Total (as N) mg/L 3 x Year Grab 00600 Nitrogen, Total (as N) mg/L 3 x Year' Grab 00400 pH so Per Event Grab WQ09C Plant Available Nitrogen mg/L 3 x Year Grab 00665 Phosphorus, Total (as P) mg/L 3 x Year Grab 00931 Sodium Adsorption Ratio ratio 3 x Year Calculated 00929 Sodium, Total (as Na) mg/L 3 x Year Grab 00530 Solids, Total Suspended mg/L 3 x Year' Grab 1. 3 x Year sampling shall be conducted in March, July, and November. 2. Per Event sampling shall be conducted per irrigation event, but shall not exceed Weekly. W00012709 Version 4.0 Attachment A Page 1 of 1 ATTACHMENT B - APPROVED LAND APPLICATION SITES AND LIMITATIONS RJS Properties of North Carolina, LLC — Wells Pork -Beef Products W WTF Permit Number: WQ0012709 Version: 4.0 IRRIGATION AREA INFORMATION APPLICATION LIMITATIONS Field Owner County tY Latitude Longitude g Net Acreage Dominant Soil Series Parameter Hourly Rate Yearly Max Units 1 RJS Properties of North Carolina, LLC Pender 34.6443980 -77.9103740 3.65 Norfolk 01284 —Non-Discharge Application Rate WQ09— Plant Available Nitrogen —Loading 0.25 52 350 inches Ibs/acre Totals 3.65 W00012709 Version 4.0 Attachment B Page 1 of I 4/27/2017 34"38'38.5"N 77°54'41.2'W - Google Maps Google Maps 34038'38.5"N 77054'41.2"W Imagery ©2017 Google, Map data ©2017 Google 200 ft 34038'38.5"N 77054'41.2"W 34.644023,-77.911445 https://www.google.cam/maps/place/34%C2%BOW38.5%22N+77^/oC2%BW41.2%22W /@34.644023,-77.9136337,754m/data=!3m 2! 1 e3!4bl!4m5!3m4!l sOxO:... 1/1