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HomeMy WebLinkAboutWQ0013276_Final Permit_20150123AMAK NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 23, 2015 Manuel Irujo — Vice President of Operations New England Fertilizer Company 97 East Howard Street Quincy, MA 02169 Subject: Permit No. WQ0013276 Econo-Grow 4-2-0 Plus Iron Fertilizer Distribution Program Distribution of CIass A Residual Solids Statewide Dear Mr. Irujo: In accordance with your permit renewal request received January 13, 2015, we are forwarding herewith Permit No. WQ0013276 dated January 23, 2015, to New England Fertilizer Company for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on the date of issue. This permit shall be effective from the date of issue until December 31, 2019, shall void Permit No. WQ0013276 issued August 14, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A 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 Mote the following permit conditions are new since the last permit issuance dated August 14,2009: 1. Condition 1.3.b, c, g, h, i, 1: Land application of Econo-Grow shall not occur if it causes a prolonged nuisance, will not assimilate, slope is too great, pH less than 6.0, no vegetative cover, or application exceeds agronomic rate, respectively. 2. Condition VI.7: Expansion may not occur if Permittee exhibits certain behavior unless Director grants variance. 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. Non -Discharge Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-9617 Phone: 919-807-64641Intemet: htto:llkortal.ncdenr.o 1wrq ebfwg An Equal Opportunity 1 Affirmalive Acton Employer— Made in part with recycled paper Mr. Manuel Irujo January 23, 2015 Page 2 of 2 If you need additional information concerning this permit, please contact Troy Doby at (919) 807-6336 or troy.doby@ncdenr.gov. Sincerely, — Jay i� mmerman, Acting Director Division of Water Resources cc: Beth Buffington — Protection and Enforcement Branch (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF CLASS A RESIDUALS PER -MIT 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 Quincy, NU FOR THE continued operation of a residuals management program for the New England Fertilizer Company and consisting of the distribution of up to 28,000 dry tons per year of Class A residuals product marketed as Econo-Grow 4-2-0 Plus Iron Fertilizer (hereafter, Econo-Grow) generated by the approved facilities listed in Attachment A with no discharge of wastes to surface waters, pursuant to the application received January 13, 2015, and in conformity with other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The use and disposal of residuals are regulated under Title 40 Code of Federal Regulations Part 503. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from the date of issue until December 31, 2019, shall void Permit No. WQ0013276 issued August 14, 2009, and shall be subject to the following specified conditions and limitations: I. SCHEDULES 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 .0108{b)(2), 02T .105(d), 02T .0109] II. PERFORMANCE STANDARDS The Econo-Grow management program 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, the Permittee shall immediately cease distribution of residuals, contact the nearest regional office supervisor, and take any immediate corrective actions (see http://portal.ncdenr.org/web/wqlaps). [G.S. 143-215.1] WQ0013276 Version 4.0 Shell Version 150101 Page 1 of 12 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this residuals management program. 11 5A NCAC 02B .0200, 02L.01001 3. Only residuals generated by the facilities listed in Attachment A are approved for distribution in accordance with this permit. [G.S. 143-215.1 ] 4. Pollutant concentrations in residuals distributed or applied to any land application site shall not exceed the following Ceiling Concentrations or Monthly Average Concentrations (i.e., dry weight basis): Parameter Ceiling Concentration (milligrams per kilogram) Monthly Average Concentration (milligrams per kilogram) Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Molybdenum 75 n/a Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 [15A NCAC 02T. 1105] 5. Residuals that are distributed shall meet Class A pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b). Exceptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1106] 6. Biological residuals (i.e. residuals generated during the treatment of domestic or animal processing wastewater, or the biological treatment of industrial wastewater, and as identified in Attachment A) that are distributed shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a). Exceptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1107] 7. Setbacks for Class A land applied bulk residuals shall be as follows: WQ0013276 Version 4.0 Shell Version 150101 Page 2 of 12 * Unless otherwise noted in Attachment A, "cake" residuals are those that have greater than 15% solids by weight and can be stacked without flowing, as well as can be handled, transported and spread as a solid (e.g., 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. [15A NCAC 02T.1 1081 Specific residuals Iand application area boundaries shall be clearly marked on each land application site prior to and during a bulk residuals land application event. [15A NCAC 02C .0105(f), 02T .0108(b)(2)J 9. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exeeedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science (http://nutrients.soil.ncsu.edu/Yields/index.php). A copy shall be kept on file and reprinted every five years in accordance with Condition IV.6�. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application rates reported in any of the following documents: 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 the Senate Bill 1217 Interagency Group - Guidance Document: Chapter I (http://www.ncagr.gov/SWC/tech/documents/9th Guidance_ Doc_100109.pdfl. iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards (ftpJ/ftp-fc.sc.egov.usda.gov/NHO/practice-standards/standards/590.l)df), d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. [15A NCAC 02T . I 109(b)(1)(k)] WQ0013276 Version 4.0 Shell Version 150101 Page 3 of 12 Setback by residual type Setback Description (feet) Liquid Cake* Private or public water supply 100 100 Surface waters (streams — intermittent and perennial, 100 25 perennial waterbodies, and wetlands) Surface water diversions (ephemeral streams, 25 0 waterways, ditches) Groundwater lowering ditches (where the bottom of 25 0 the ditch intersects the SHWT Wells with exception to monitoring wells 100 100 Bedrock outcrops 25 0 * Unless otherwise noted in Attachment A, "cake" residuals are those that have greater than 15% solids by weight and can be stacked without flowing, as well as can be handled, transported and spread as a solid (e.g., 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. [15A NCAC 02T.1 1081 Specific residuals Iand application area boundaries shall be clearly marked on each land application site prior to and during a bulk residuals land application event. [15A NCAC 02C .0105(f), 02T .0108(b)(2)J 9. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exeeedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science (http://nutrients.soil.ncsu.edu/Yields/index.php). A copy shall be kept on file and reprinted every five years in accordance with Condition IV.6�. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application rates reported in any of the following documents: 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 the Senate Bill 1217 Interagency Group - Guidance Document: Chapter I (http://www.ncagr.gov/SWC/tech/documents/9th Guidance_ Doc_100109.pdfl. iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards (ftpJ/ftp-fc.sc.egov.usda.gov/NHO/practice-standards/standards/590.l)df), d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. [15A NCAC 02T . I 109(b)(1)(k)] WQ0013276 Version 4.0 Shell Version 150101 Page 3 of 12 M. 10. The Permittee shall not distribute Econo-Grow that have a sodium adsorption ratio (SAR) of 10 or higher without prior written Division approval. The Permittee may seek approval by demonstrating that the entity accepting the residuals is: aware of the effects of a high SAR content; has agreed on proper residual application rates; and has agreed to operational considerations to ensure that the high SAR content will not adversely impact the receiving sites. Recommendations regarding sodium application rate, soil amendments (e.g., gypsum, etc.) or a mechanism for maintaining site integrity and conditions conducive to crop growth, can be obtained from the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina Licensed Soil Scientist, or an agronomist. [15A NCAC 02T .0108(b)(1)] 11. 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 rate, the Permittee must submit and receive approval by the Division. [15A NCAC 02T .0108(b)(1)] 12. For land application sites, the compliance boundary is established at either 250 feet from the residual land application area, or 50 feet within the property boundary, whichever is closest to the residual land application 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 .0107(a)] 13. For land application sites, the review boundary shall be established midway between the compliance boundary and the residual land application area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0108] OPERATION AND MAINTENANCE REQUIREMENTS The residuals management program shall be properly maintained and operated at all times. The program shall be effectively maintained and operated as a non -discharge system to prevent any contravention of surface water or groundwater standards. [15A NCAC 02T .1110] 2. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan, at the minimum, shall include: a. Operational functions; b. Maintenance schedules; c. Inspection plan; d. Spill response plan; e. Sampling and monitoring plan including the following information: i. Names and/or titles of personnel responsible for conducting the sampling and monitoring; ii. Detailed description of monitoring procedures including parameters to be monitored; WQ0013276 Version 4.0 Shell Version 150101 Page 4 of 12 in. Sampling frequency and procedures to assure that representative samples are being collected. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to meet pathogen and vector attraction reduction requirements (e.g. facilities that land apply multiple times per year but have an annual sampling frequency, may need to sample during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). [15A NCAC 02T .1100] 3. Bulk residuals shall not be land applied 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 Act 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 a residuals land application event; f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; g. If the slope is greater than 10% for surface applied liquid residuals, or if the slope is greater than 18% for injected or incorporated bulk liquid residuals; h. If the soil pH is not maintained at 6.0 or greater, unless sufficient amounts of lime are applied to achieve a final soil pH of at Ieast 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals and lime mixture is suitable for the specified crop. Any approved variations to the acceptable soil pH (6.0) will be noted in this permit; L If the land does not have an established vegetative cover unless the residuals are incorporated or injected within a 24-hour period following a residuals land application event. Any field that is in a USDA no -till program shall be exempted from meeting this vegetative cover requirement; j. If the vertical separation between the seasonal high water table and the depth of residuals application is less than one foot; k. If the vertical separation of bedrock and the depth of residuals application is less than one foot; 1. Application exceeds agronomic rates. [15A NCAC 02T. 1109] 4. A Utilization Agreement between the Permittee and the entity agreeing to accept and distribute Econo-Grow shall be in place prior to distribution of the bulk residuals. The agreement shall specify the agreeing entity's responsibilities. The Permittee or his designee and the person responsible for application of the residuals shall sign the Utilization Agreement, which shall be considered expired concurrent with the permit expiration date, and shall be renewed during the permit renewal process. [I 5A NCAC 02T.0 I 08(bX 1), 02T 11 04J 5. At a minimum, the Utilization Agreement shall stipulate the following: WQ0013276 Version 4.0 Shell Version 150101 Page 5 of 12 a. By agreeing to accept Econo-Grow, it is recognized that the application of Econo-Grow is allowed under the conditions of this agreement. Land application of Econo-Grow is considered the beneficial reuse of a waste under 15A NCAC 02T .I 100, and has been deemed permitted under 15A NCAC 02T .1103(4) provided the conditions of this agreement are met. Any action resulting in damages to surface water or groundwater, caused by failure to follow the conditions of this agreement, is subject to Division enforcement action; b. The person or entity accepting Econo-Grow shall to the best of their knowledge meet the following application requirements: i. List all prohibitions under Condition 111.3 with a statement that bulk residuals shall not be land applied under these conditions. ii. Econo-Grow shall not be stockpiled for more than 14 days unless covered; iii. Application of Econo-Grow shall not occur within 100 feet of a public or private water supply source; iv. Application of Econo-Grow shall not occur within 100 feet of any well, with the exception of Division approved monitoring wells; v. Application of Econo-Grow shall not occur within 25 feet of surface waters. c. The generator of Econo-Grow 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, as specified in the labeling requirements under Condition III.7, is sufficient; d. The applicator or party accepting bulk residuals from the Permittee shall supply all third parties receiving bulk residuals with documentation specifying that application shall occur consistent with the utilization agreement; e. Instructions, including contact information for key personnel, shall be provided to the applicator or party receiving bulk residuals in the event that any requirements specified in the utilization agreement are not met. f A copy of the Utilization Agreement shall be maintained at the land application sites when bulk residuals are being applied. [15A NCAC 02T .0108(b)(1), 02T 1104] b. Econo-Grow shall be adequately stored to prevent untreated leachate runoff. The finished product may be placed on a concrete pad, placed under shelter or physically covered until it is distributed to the buyer. If an alternate storage site is used, approval must be obtained from the Division. [I 5A NCAC 02T .0108(b)(1)1 7. A label shall be affixed to the bag or other container in which residuals are sold or given away for land application, or an information sheet shall be provided to the person who receives Class A residuals. At a minimum, the label or information sheet shall contain the following: a. The name and address of the person who prepared the residuals; b. A statement that residual land application is prohibited except in accordance with the instructions on the label or information sheet; A statement identifying that this material shall be prevented from entering any public or private water supply source (including wells) and any surface water (e.g., stream, lake, river, wetland, etc.); d. A statement that the residuals shall be applied at agronomic rates and recommended rates for its intended use. [I5A NCAC 02T 1109(a)] WQ0013276 Version 4.0 Shell Version 150101 Page 6 of 12 8. The Permittee shall not distribute bulk residuals to any person or entity known to be applying residuals contrary to the condition of the signed Utilization Agreement. [l 5A NCAC 02T .1103(a)] 9. 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. 10. 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 CNMP) is required by the US Department of Agriculture — National Resources Conservation Service (MRCS) 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. 11. 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. 12. 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. MONTTORIE G AND REPORTING REOUIliEMENTS 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 sample reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). The analyses (corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)] shall be performed at the frequency specified in Attachment A, and the Permittee shall maintain these results for a minimum of five years. Any exceptions from the requirements in this condition shall be specified in Attachment A. The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter is in parentheses): WQ0013276 Version 4.0 Shell Version 150101 Page 7 of 12 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) [15A NCAC 13A .0102(b), 02T ,1101, 02T.1 105] 3. An analysis shall be conducted on Econo-Grow at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. The analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia -Nitrogen Molybdenum Selenium Arsenic Nickel Sodium Cadmium Nitrate -Nitrite Nitrogen Sodium Adsorption Ratio (SAR) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) 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 WQ0013276 Version 4.0 Shell Version 150101 Page 8 of 12 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. [I 5A NCAC 02T. 110 1 ] 4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A, and at the time indicated in the sampling and monitoring sections of the approved O&M plan. The required data shall be specific to the stabilization process utilized, and sufficient to demonstrate compliance with the Class A pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b), and one vector attraction reduction requirement in 15A NCAC 02T .1107 (a) shall be met. Any exceptions from the requirements in this condition shall be specified in Attachment A. [15A NCAC 02T .1106, 02T .1 I07, 02T .1111(c)] 5. Laboratory parameter analyses shall be performed on the residuals as they are distributed, and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505. [ 15A NCAC 02B .0505] 6. The Permittee shall maintain records for a minimum of five years tracking all bulk residual distribution or land application events performed by the Permittee. At a minimum, these records shall include the following: a. Source of residuals; b. Date of distribution/land application; c. Name and address of recipient of residuals; d. Volume of residuals distributed to each recipient; e. Intended use of residuals; f. If land application events performed by the Permittee - Nitrogen Application Rate based on RYEs (if using data obtained from the North Carolina State University Department of Soil Science Website, the printout page shall be kept on file and reprinted every five years). [15A NCAC 02T.0 109(a)] 7. Three copies of an annual report shall be submitted on or before March 1'. The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms. Instructions for reporting and annual report forms are available at htt :// ortal.ncdenr.or web/w /a s/Iau/re ortin , or can be obtained by contacting the Land Application Unit directly. The annual report 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.1 11 1(a)] 8. Noncompliance Notification The Permittee shall report by telephone to the nearest Regional Office (for list, see htt :ll ortal.nedenr.or web/w /a s) 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. Distribution of residuals abnormal in quantity or characteristic. WQ0013276 Version 4.0 Shell Version 150101 Page 9 of 12 b. Any failure of the distribution program resulting in a release of material to surface waters. Any time self-monitoring indicates the facility has gone out of compliance with its permit limitations. d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of adequate residual treatment. e. Any spill or discharge from a vehicle or piping system during residuals transportation. 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 that the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] V. INSPECTIONS The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the subject facilities and shall be in accordance with the approved O&M PIan. [ 15A NCAC 02T .0108(b)] 2. The Permittee or his designee shall inspect the residuals storage, transport and application 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 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 land application sites or 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. 143-215.3(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 residuals land application events are not carried out in accordance with the conditions of this permit. [ 15A NCAC 02T .0110] This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. [G.S. 143-215.1] WQ0013276 Version 4.0 Shell Version 150101 Page 10 of 12 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 the Division's General Permit NCGO 10000; 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 residuals program changes 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 documentation from the parties involved and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the residuals program permitted herein until a permit is issued to the new owner. [ 15A NCAC 02T.0104] 6. 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] 7. Unless the Division Director grants a variance, expansion of the permitted residuals program contained herein shall not be granted if the Permittee exemplifies any of the criteria in I SA NCAC 02T .0120(b). [15A NCAC 02T .0120] 8. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall because for the Division to revoke this permit. [15A NCAC 02T .0105(e)(3)] Permit issued this the 23`a day of January, 2015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION r (.//A 6 = -- r Jay 21nmerman, Acting Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0013276 WQ0013276 Version 4.0 Shell Version 150101 Page 11 of 12 Page Left Blank WQ0013276 Version 4.0 Shell Version 150101 Page 12 of 12 ATTACHMENT A - Approved Residual Sources New England Fertilizer Company Class A Residuals Product Generated for Distribution Certification Date: January 23, 2015 Permit Number: WQ0013276 Version: 4.0 1. Maximum Dry Tons per Year for residuals source is the amount of residuals approved for composting, Maximum Dry Tons per Year for Class A residuals is the amount of residuals product approved for distribution from the permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing of metals and nutrients as stipulated under permit Condition IV.3. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition 1V.4. 5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above. Dry Tons Generated Monitoring Frequency short tons per ear Established in 40 CFR 503 and 15A NCAC 02T.1111) <319 1/Yew =>319 - <1,650 l/ Quarter 4 times per ear Monitoring Monitoring Monitoring Permit Biological Maximum Frequency for Frequency for Frequency for ,approved Owner Facility Fame County Number Residuals Dry Tons , Non -hazardous Metals and pathogen & Mineralization Per Year Determination 2 Nutrients s's `lector Attrae4 on Rate Reductions New England Fertilizer Econo-Grow 4-2-0 Plus Iron Norfolk ' Once per permit Company p y Fertilizer Distribution MA MA0103284 Yes 28,000 cycle y See Table Below See Table Below 0.3 Program 1. Maximum Dry Tons per Year for residuals source is the amount of residuals approved for composting, Maximum Dry Tons per Year for Class A residuals is the amount of residuals product approved for distribution from the permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing of metals and nutrients as stipulated under permit Condition IV.3. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition 1V.4. 5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above. WQ0013276 Version 4.0 Attachment A Page I of 1 Dry Tons Generated Monitoring Frequency short tons per ear Established in 40 CFR 503 and 15A NCAC 02T.1111) <319 1/Yew =>319 - <1,650 l/ Quarter 4 times per ear =X1,650 - <16,500 1/60 Das (6 times per ear >16,500 1 i/month (12 times per ear WQ0013276 Version 4.0 Attachment A Page I of 1 THIS PAGE BLANK