Loading...
HomeMy WebLinkAboutWQ0013276_Final Permit_20090814,.rte MCDENR North Carolina Derartment of Environment and Natural resources Beverly Eaves Perdue Governor WILLIAM HANSEN, VP OF OPERATIONS NEW ENGLAND FERTILIZER COMPANY 551 SOUTH STREET QUINCY, MASSACHUSETTS, 02169 Dear Mr. Hansen: Division of Water duality Uoleen H. Sullins Director August 14, 2009 Dee Freeman Secretary= Subject: Permit No. WQ0013276 New England Fertilizer Company Econo-Grow 4-2-0 Plus Iron Fertilizer Class A Residuals Distribution Norfolk County, Massachusetts In accordance with your renewal request received June 15, 2009, and subsequent additional information received July 31, 2009, we are forwarding herewith Permit No. WQ0013276, dated August 14, 2009, to New England Fertilizer Company for the operation of the subject distribution of residuals solids program. This permit shall be effective from the date of issuance until July 31, 2014, shall void Permit No. WQ0013276 issued October 1, 2004, and shall be subject to the conditions and limitations as specified herein. 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. On September 1, 2006 State Administrative Code 15A NCAC Subchapter 02T — Waste not Discharged to Surface Waters was adopted. This permit incorporates the requirements of these rules. Remember to take the time to review this permit thoroughly, as some of the conditions may have been added, changed, or deleted from those in previously issued permits. Please note that per 15A NCAC 02T .1102, bulk residuals shall mean residuals that are loaded in quantities greater than 1.102 short tons (or greater than one metric ton) and transported either directly to a receiving site for application to the land, or to a temporary (intermediary) storage location prior to application to the land. Also, distribution of Class A residuals to a third party for further distribution requires the creation of a written and signed utilization agreement between the Permittee and the person or party accepting the residuals. Upon accepting the Class A residuals and making the agreement, the acceptor assumes responsibility for proper utilization of the residuals. AQUIFEP PRO T ECTI0N SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard. Raleigh, North Carolina 27604 Phone: 919-733-3221 \ FAX 1: 919-715-0588; FAX 2: 919-715-6048 \ Custorner Service: 1-877-623-6748 internee www.ncwaterauality.orq An Equal Opporturmv , Affirmative, Action Emplover 01le , 0f ha 'Oliva i!I ally Mr. William Hansen August 14, 2009 Page 2 of 2 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 Lori Montgomery at (919) 715-6187 or lori.montgomery@ncdenr.gov. Sincerely, A �� Coleen H. Sullins cc: DWQ Regional Offices, Aquifer Protection Section APS Central Files LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH PERMIT FOR THE DISTRIBUTION OF CLASS A RESIDUALS 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 New England Fertilizer Company Norfolk County, Massachusetts FOR THE continued operation of a program for the distribution of up to 28,000 dry tons per year of a Class A residuals product marketed as Econo-Grow 4-2-0 Plus Iron Fertilizer for residuals generated by the source -generating facilities listed in the most recently -certified Attachment A with no discharge of wastes to surface waters, pursuant to the permit renewal package received on June 15, 2009 and additional information received on July 31, 2009 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. Note that per 15A NCAC 02T .1102, bulk residuals shall mean residuals that are loaded in quantities greater than 1.102 short tons (or greater than one metric ton) and transported either directly to a receiving site for application to the land or to a temporary (intermediary) storage location prior to application to the land. This permit shall be effective from the date of issuance until July 31, 2014, shall void Permit No. WQ0013276 issued October 1, 2004, and shall be subject to the following specified conditions and limitations: L 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 program described herein, 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 that Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. II. PERFORMANCE STANDARDS The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this Class A residuals distribution and land application program. WQ0013276 Version 3.0 Shell Version 090204 Page 1 of 13 2. No residuals other than those generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for distribution or land application in accordance with this permit. 3. The pollutant concentrations in any residuals that are distributed shall not exceed the fbilowing Ceiling and Monthly Average Concentrations (i.e., dry weight basis): Parameter Monthly Average Concentration (mg/kg) Ceiling Concentration (mg/kg) Arsenic 41 75 Cadmium 39 85 Copper 1,500 4,300 Lead 300 840 Mercury 17 57 Molybdenum n/a 75 Nickel 420 420 Selenium 100 100 Zinc 2,800 7,500 4. When residuals are distributed or land applied under the conditions of this permit, the Class A pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b), and one vector attraction reduction requirement in 15A NCAC 02T .1107 (a) shall be met. Additionally, an evaluation shall be performed that 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. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction and vector attraction reduction requirements. 5. When land applying bulk Class A residuals to any land application site, the following setbacks shall be maintained (all distances in feet): Liquid Cake a. Any private or public water supply source: 100 100 ii. Surface waters: 100 25 iii. Surface water diversions: 25 0 iv. Groundwater lowering ditches: 25 0 v. Any well with exception of monitoring wells: 100 100 vi. Bedrock outcrops: 25 0 Unless otherwise noted in Attachment A of this permit, "cake" residuals are residuals that have greater than 15% solids by weight and can be stacked without flowing, and handled, transported and spread as a solid (i.e., using a backhoe, front end loader, slinger spreader, broadcast spreader or other equipment designed for handling solid materials) without leaving any significant liquid fraction behind. 6. Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a bulk residuals land application event. WQ0013276 Version 3.0 Shell Version 090204 Page 2 of 13 7. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall be land applied to all land application sites at or below agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved land application site. Realistic Yield Expectations for crop types and specific fields or soils types shall be determined by using any of the following methods: a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science. The Department webpage is located at: http://nutrients.soil.nesu.edu/yields/ b. Site Specific Historical Data for crop types on specific fields or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. c. If the RYE cannot be determined using methods 8(a) or (b) above, RYE can be established from specially developed soil interpretation records for Nutrient Management Planning, Farm Service Agency Records, university trials, or inference from crop performance on soil with very similar physical and chemical features. d. Realistic Yields Expectations and acceptable nitrogen application rates that use the above methodology are required parts of many agricultural planning documents. The Permittee may use the RYE and appropriate agronomic rates reported in any of the following documents: i. Crop management plan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by Senate Bill 1217 Interagency Group- Guidance Document: Chapter 1. Guidance for the completion of the plan can be found at: htty://www.enr.state.nc.us/DSWC/vages/guidance docs.html. iii. Certified Nutrient Management Plan as outlined by Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards, which are available at: ftn //ftp-fc.sc.egov.usda.gov/NHO/practice-standards/standards/590.pdf e. For any crop type for which the RYE and appropriate nitrogen application rate cannot be determined, the Permittee shall contact the Division to determine necessary action. 8. If the land application sites are to be overseeded or doublecropped (e.g., bermuda grass in the summer and rye grass in the winter with BOTH crops to receive residuals or corn and small grain both to receive residuals), then the second crop shall receive an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be harvested. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no residuals shall be land applied to these sites because the PAN will essentially be returned to the soil. Prior to application of PAN to permitted sites at rates exceeding the agronomic rates, the Permittee must submit and receive approval by the Division. The Permittee shall not distribute Class A residuals that contain a high salt content (i.e., high sodium adsorption ratio (SAR) of ten (10) or higher) without prior written approval from the Division. The Permittee may seek approval by demonstrating program adjustments have been made to assure that the person accepting the residuals is aware of the effects of the high salt content, the proper application rates of the residuals, and any other operational considerations for proper application to assure that the high salt content will not adversely impact the receiving sites. WQ0013276 Version 3.0 Shell Version 090204 Page 3 of 13 10. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. Per 15A NCAC 2T .0105(h), upon the request by the Permittee the Compliance Boundary may be located closer to the waste disposal area (provided the groundwater standards can be met at the newly established Compliance Boundary). Any approved relocation of the COMPLIANCE BOUNDARY will be noted in the most recently -certified Attachment B of this permit. An exceedance of Groundwater Standards at or beyond the Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. 11. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(1). III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Class A residuals distribution program shall be effectively maintained and operated at all times as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. 2. In the event that the Class A residuals distribution program is not operated satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease distribution of residuals to the site(s) impacted. In addition, the Permittee shall contact the Aquifer Protection Section of the Division of Water Quality, and take any immediate corrective actions as may be required by the Division. These action(s) do not prevent the Division from subsequently taking actions in response to the above violation consistent with the condition of this permit, North Carolina Administrative Code rules, regulations and the NC General Statutes. 3. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to 15A NCAC 02T .1110 including operational functions, maintenance schedules, inspection plan, sampling and monitoring plan, safety measures, and a spill response plan. a. The sampling and monitoring portion of the plan as well as any modification to the plan shall be approved by the Division. The most recent O&M Plan shall be submitted to the Divison of Water Quality Aquifer Protection. Section for review and approval. The approved 0 & M plan shall include the following information: i. Names and position of personnel responsible for conducting the sampling and monitoring; ii. Required sampling frequency specified in Attachment A of the permit; iii. Description of sampling and monitoring procedures to gather representative sampling for each sampling period. Note that fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals. The sampling plan must account for any foreseen fluctuations in residuals quality, and indicate sampling times accordingly to ensure compliance during the most limiting times (e.g. small facilities that apply multiple times per year, but have an annual sampling frequency may need to sample and document compliance with the pathogen reduction requirements during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). WQ0013276 Version 3.0 Shell Version 090204 Page 4 of 13 4. A utilization agreement between the Permittee and the person or entity agreeing to accept and distribute Class A bulk residuals shall be in place prior to acceptance of the bulk residual. The agreement shall specify the responsibilities of the person or entity agreeing to accept and distribute the Class A bulk residuals. The utilization agreement shall be signed by both the Permittee or his designee and the person responsible for application of the residuals. The utilization agreement shall stipulate the following: a. By agreeing to accept the bulk Class A residuals it is recognized that the application of Class A residuals is allowed under the conditions of the agreement. The application of the Class A residuals is considered the beneficial reuse of a waste under 15A NCAC 02T .1100. The application of the Class A residuals to the land has been deemed permitted under 15A NCAC .1103(4) provided the conditions of the agreement are met. Any action resulting in the damages to surface waters or groundwater caused by failure to follow the conditions of the agreement is subject to enforcement action by the Division; b. The person or entity accepting the Class A residuals shall to the best of their knowledge meet the following application requirements: i. Application of the bulk residuals will stop if it becomes known that the application adversely affects a threatened or endangered species listed under section 4 of the Endangered Species Act; ii. Application of the bulk residuals shall not occur when the land is flooded, frozen, or snow-covered or is otherwise in a condition such that runoff of the residuals would occur; iii. Application of the bulk residuals shall not occur within the 100 -year flood elevation unless the bulk residuals are injected or incorporated within a 24-hour period following the residuals land application event. Flood elevation information is available at http://www.ncfloodmaps.com/d.efau..tt swf.asp; iv. Application of the bulk residuals shall not occur during a measurable precipitation event (i.e., >.O1" per hour) or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; v. Residuals stockpiled for more than 14 days shall be covered; vi. Application of the bulk residuals shall not occur if the vertical separation between the seasonal high water table and the bulk residuals application is less than one foot; vii. Application of the bulk residuals shall not occur if the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; viii. Application of bulk residuals shall not occur within 100 feet of a public or private water supply source; ix. Application of bulk residuals shall , not occur within 100 feet of any well with the exception of monitoring wells; x. Application of bulk residuals shall not occur within 25 feet of surface waters. c. The generator of the 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 or residuals as specified in Condition III.9. will satisfy this condition; d. The applicator or party receiving bulk residuals from the permittee shall supply all third parties receiving bulk residuals with documentation specifying that application shall occur consistent with the agreement; e. Instructions, including contact information for key personnel, for the applicator or party receiving bulk residuals in the event that requirements specified in the utilization agreement are not met; WQ0013276 Version 3.0 Shell Version 090204 Page 5 of 13 f A copy of the utilization agreement shall be maintained at the land application sites when bulk residuals are being applied. 5. This permit shall become voidable and may be rescinded by the Division in the event of failure of the facility and Class A residuals distribution program to adequately meet the conditions of this permit and protect the assigned water quality standards of the surface waters and groundwater. 6. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying bulk residuals from the land application sites onto adjacent properties or into any surface waters. Such provisions shall be described and implemented in the Operation and Maintenance plan required in Condition III.3., and may prescribe the use of use of erosion control devices, or a list of acceptable or unacceptable conditions for application. An education program shall be developed and implemented to inform employees and individuals accepting the residuals of the proper use of residuals. Educational material shall be provided to all individuals accepting the residuals. The educational material may be included in the utilization agreement required in Condition II1.4. All educational materials shall be made available to the Division upon request. S. All residuals and Class A residuals products shall be adequately stored to prevent leachate runoff until treated. The finished product may be stored in an elevated silo, placed on a concrete pad, placed under shelter or covered until such time as it is distributed to the buyer. If an alternate storage site is to be used, approval must be obtained from the Division. 9. A label shall be affixed to the bag 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 other containers 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 land is prohibited except in accordance with the instructions on the label or information sheet. A statement which identifies that this material shall be prevented from entering any public or private water supply source (including wells) and any stream, lake, or river. d. A statement that the residuals shall be applied at agronomic rates, and recommended rates for intended uses. 10. The Permittee shall not distribute Class A bulk residuals to any person or entity known to be applying residuals contrary to the condition of the signed utilization agreement. 11. Bulk residuals shall not be applied to the land 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 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 the residuals land application event; WQ0013276 Version 3.0 Shell Version 090204 Page 6 of 13 f. During a measurable precipitation event (i.e., >.01" per hour) or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period. Any emergency residuals land application measures shall first be approved in writing by the Division; g. If the slope for land is greater than 10 percent when bulk liquid residuals are surface applied, and if the slope of the land is greater then 18 percent with bulk liquid residuals are injected or incorporated; h. If the pH is not maintained in the soil, residuals, and lime mixture, greater than 6.0, on land application sites onto which residuals are applied. Residuals may be applied to the sites provided that a sufficient amount of lime is also applied to achieve a final pH of the soil mixture of at least 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals, and lime mixture is suited for the specified crop type. Any approved variations to the acceptable soil pH (6.0) for land application will be noted in the most recently certified Attachment A of this permit. i. If the land does not have an established vegetative cover in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist unless the bulk residuals are incorporated within a 24-hour period following the residuals land application event or injected; j. If the vertical separation of the seasonal high water table and the depth of residuals application is less than one foot; k. If the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; 12. This permit shall become voidable unless the agreements between the Permittee and the acceptor of the residuals are in full force and effect. These agreements shall be considered expired concurrent with the expiration date of the permit and shall be renewed prior to the initial distribution event of that permit cycle event to that acceptor. 13. For fields receiving bulk residuals, the Permittee shall request of the landowner or lessee/operator a statement detailing the volume of nutrient sources (waste residuals, manufactured fertilizers, manures, or other animal waste products) other than the residuals to be applied by the Permittee, that have been applied to the land, and a copy of the most recent Nutrient Management Plan (NMP), if available. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan (WUP) or Certified Nutrient Management Plan (CNMP) shall also be considered a Nutrient Management Plan. The NMPs must be provided only for those operations where a NMP (also CMP, WUP,'or CLAMP) is required by the US Department of Agriculture — National Resources Conservation Service (NRCS) or other State Agencies. The Permittee shall rely on the provided information to calculate appropriate reductions in allowable nutrient loading rates. If the calculation shows that the agronomic rates (including PAN) have already been met or exceeded on a field, no additional residuals shall be land applied to that field. 14. Where the Permittee directly land applies bulk residuals to land, the Permittee shall supply the landowner with documentation specifying that land application of the bulk residuals shall occur consistent with this permit. 15. Where the Permittee distributes bulk residuals, the Permittee shall inform the receiver of the bulk residuals of the Performance Standards and Operation and Maintenance Requirements specific to land application of bulk residuals. WQ0013276 Version 3.0 1 Shell Version 090204 Page 7 of 13 IV. MONITORING AND REPORTING REQUIREMENTS 1. 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. Residuals generated by each residuals source -generating facility listed in the most -recently -certified Attachment A of this permit shall be analyzed to demonstrate 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 on residuals generated by each residuals source -generating facility listed in the most recently - certified Attachment A of this permit. The analyses shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source - generating facility are distributed or land applied at a frequency less than that which is specified in the most recently -certified Attachment A of this permit, the analysis shall be required for each residuals distribution and land application event. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. If residuals generated by a particular residuals source -generating facility are insufficient to require a land application event during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application occur during an entire year when annual monitoring is required), no sampling data is required during the period of inactivity. The Permittee shall submit an annual report, as required in condition IV. 9., even in the event that no land application events occur during an entire year. The annual report shall include an explanation for missing sampling data. 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) After the residuals have been monitored as specified above for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to request a reduction of this monitoring requirement. In no case, however, shall the frequency of monitoring be less than once per permit cycle. WQ0013276 Version 3.0 Shell Version 090204 Page 8 of 13 3. An analysis shall be conducted on the Class A residuals product generated for distribution listed in Attachment A. The analysis shall be performed at the frequency specified in the most recently certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Magnesium pH Ammonia -Nitrogen Mercury Plant Available Nitrogen (by calculation) Arsenic Molybdenum Selenium Cadmium Nickel Sodium Calcium Nitrate -Nitrite Nitrogen % Total Solids Copper Phosphorus TKN Lead Potassium Zinc Sodium Adsorption Ratio (SAR) If residuals generated by a particular residuals source -generating facility are insufficient to require a distribution event during a required sampling period as specified in the most recently -certified Attachment A of this permit, the Permittee shall make up the missed sampling either by taking additional samples during distribution events previous to a planned period of inactivity or by taking additional samples during distribution events immediately following the period of inactivity. If no distribution events occur during a complete calendar year, the Permittee need not make up the missed sampling events for that year. The Permittee shall submit an annual report, as required in condition IV. 9., even in the event that no land application or distribution events occur during an entire year. The annual report shall include an explanation of additional sampling data intended to compensate for periods of inactivity, or an explanation for missing sampling data. After the residuals generated by a particular residuals source -generating facility have been monitored for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of this monitoring requirement. The request must include notification from EPA that a reduced sampling frequency has been approved as required by 40 CFR 503.16(a)(2). In no case, however, shall the frequency of this monitoring be less than once per year when a distribution event occurs during that year. 4. Residuals generated for distribution as listed in Attachment A shall be monitored for compliance with Condition II. 4. The monitoring shall be performed at the frequency specified in the most recently - certified Attachment A of this permit, and data to verify pathogen and vector attraction reduction of the residuals shall be maintained on file by the Permittee for a minimum of five years. The required data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate clear compliance with the Class A pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b), and one vector attraction reduction requirement in 15A NCAC 02T .1107 (a) shall be met. In addition, the Environmental Protection Agency (EPA) certification statements concerning compliance with pathogen reduction requirements, vector attraction reduction requirements, and management practices shall be completed at the frequency specified in the most recently -certified Attachment A of this permit by the proper authority or authorities, if more than one is involved (i.e., either the person who prepares the residuals, the person who derives the material, or the person who applies the residuals). Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition H. 4. in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. WQ0013276 Version 3.0 Shell Version 090204 Page 9 of 13 5. Laboratory analyses of parameters as required by Condition IV. l., Condition IV. 2., Condition IV. 3., and Condition IV. 4., shall be performed/gathered on the residuals as they are to be distributed. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., and Condition IV. 4. shall be in accordance with 15A NCAC 02B .0505. 7. Proper records shall be maintained by the Permittee tracking any bulk residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals accepted for treatment in residuals facility; b. Amount of residuals accepted for treatment in residuals facility; c. Source and amount of each amendment material used for treatment in residuals facility; d. Date of distribution; e. Name and address of recipient of residuals; f. Volume of residuals distributed to each recipient; g. Intended use of residuals. 8. All records required as part of this permit shall be retained a minimum of five years. Three copies of an annual report shall be submitted on or before March 152. The annual report shall meet the requirements described in the Instructions For Residuals Application Annual Reporting Forms. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http://h2o.enr.state.nc.us/lau/compliance.html, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service .Center Raleigh, North Carolina 27699-1617 10. Noncompliance Notification The Permittee shall report by telephone to the Aquifer Protection Section of the nearest Division of Water Quality Regional Office (see permit Page 13 for regional office listing and contact information), 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 residuals treatment. WQ0013276 Version 3.0 Shell Version 090204 Page 10 of 13 V. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals. Any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside of normal business hours must 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. 1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation of the subject facilities. 2. The Permittee or his designee shall inspect the residuals storage and distribution facilities to prevent malfunctions and deterioration, operator errors, and discharges that 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 or other permitting authority, upon request. 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 Class A residuals distribution program 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. V. GENERAL CONDITIONS 1. This permit shall become voidable unless the activities of the Class A residuals distribution program are carried out 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 2T .0105 (e). 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) that have jurisdiction. 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 NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .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. WQ0013276 Version 3.0 Shell Version 090204 Page 11 of 13 7. This permit shall not be automatically transferable. In the event that there is a desire for the class A residuals management 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 14th day of August, 2009. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION tolexfH. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0013276 WQ0013276 Version 3.0 Sbell Version 090204 Page 12 of 13 DIVISION OF WATER QUALITY REGIONAL OFFICES Asheville Regional Office Washington Regional Office Raleigh Regional Office 2090 U.S. Hwy 70 943 Washington Square Mall 3800 Barrett Drive Swannanoa, NC 28778 Washington, N C 27889 Raleigh, NC 27609 (828)296-4500 (919)946-6481 (919)791-4200 Fax (828) 299-7043 Fax (919) 975-3716 Fax (919) 571-4718 Avery Macon Beaufort Jones Chatham Nash Buncombe Madison Bertie Lenoir Durham Northampton Burke McDowell Camden Martin Edgecombe Orange Caldwell Mitchell Chowan Pamlico Franklin Person Cherokee Polk Craven Pasquotank Granville Vance Clay Rutherford Currituck Perquimans Halifax Wake Graham Swain Dare Pitt Johnston Warren Haywood Transylvania Gates Tyrell Lee Wilson Henderson Yancy Greene Washington Jackson Hertford Wayne Hyde Fayetteville Regional Office Systel Building, Suite 714 Fayetteville, NC 28301 (910)433-3300 Fax(910)486-0707 Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, NC 28115 (704) 663-1699 Fax(704)663-6040 Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 (910)796-7215 Fax(910)350-2004 Anson Alexander Lincoln Brunswick New Hanover Bladen Robeson Cabanas Mecklenburg Carteret Onslow Cumberland Richmond Catawba Rowan Columbus Pender Harnett Sampson Cleveland Stanly Duplin Hoke Scotland Gaston Union Montgomery Moore Iredell Winston-Salem Regional Office 585 Waughtown Street Winston-Salem, NC 27107 (910)771-5000 Fax (910) 771-4631 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford WQ0013276 Version 3.0 Shell Version 090204 Page 13 of 13 THIS PAGE BLANK ATTACHMENT A - Approved Residual Sources Permit Number: WQ0013276 Version: 3.0 New England Fertilizer Company Certification Date: 08/14/09 Owner Product County Permit Number Issued By Is 503? Maximum Dry Tons Per Year Monitoring Frequency for Condition IV. 2.' Monitoring Frequency for Condition IV. 3. and Condition IV. 4. a New England Fertilizer Company (MWRA Biosolids Processing Facility) Econo-Grow 4 -2 - 0 Plus Iron Fertilizer Norfolk, MA MA0103284 Yes 28,000 1 X Year 1 X Month Total 28,000 Monitoring frequencies are based on the actual dry tons distributed per year, unless otherwise specified. The Monitoring Frequency Requirements Table below shall be used to determine appropriate sampling frequency. The Permittee is responsible for managing program to assure that adequate sampling is performed. Monitoring Frequency Requirements Dry Tons Generated (short tons per year) Monitoring Frequency (Established in 40 CFR 503 and 15A NCAC 02T.111) <319 1/Year =>319 - <1,650 l/ Quarter (4 times per ear) =>1,650 - <16,500 1/60 Days (6 times per year) =>16,500 I/month (12 times per ear) WQ0013276 Version 3.0 ATTACHMENT A Page 1 of 1