WQ0013380_Final Permit_19970127

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
January 27, 1997
Mr. Niles Kinerk, President
Gardens Alive!, Inc.
5100 Schenley Place
Lawrenceburg, Indiana 47025
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Subject: Permit No. WQ0013390
Gardens Alive!, Inc.
Distribution of Poultry Waste Products of
Exceptional Quality
Dear Mr. Kinerk:
In accordance with your application received on January 21, 1997, we are forwarding herewith
Permit No. WQ0013380, dated January 27, 1997, to Gardens Alive!, Inc., for the distribution and
marketing of a fertilizer containing poultry waste products which meet exceptional quality standards.
This permit shall be effective from the date of issuance until December 31, 2001 and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring and reporting requirements contained in this permit. Failure to establish an adequate system
for collecting and maintaining the required operational information will result in future compliance
problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contadtRick_­>MoofeAt [phone] extension 527.
Sin erely,
J
. Presto Howard, Jr., P.E.
cc: NCDWQ Regional Offices, Water Quality Section
Facilities Assessment Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH 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
Gardens Alive!, Inc.
Lawrenceburg, Indiana
FOR THE
distribution and marketing of a fertilizer containing poultry waste solids, which meet exceptional quality
standards, throughout the State of North Carolina, with no discharge of wastes to the surface waters,
pursuant to the application received on January 21, 199.7, and in conformity with the project plan,
specifications, and other supporting data subsequently filed and approved by the Department of
Environment, Health and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until December 31, 2001 and shall be
subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
I . The program for the distribution and marketing of a fertilizer containing poultry waste
products which meet exceptional quality standards shall be effectively maintained and
operated as a non -discharge system to prevent the discharge of any wastes resulting from
the operation of this program.
2_ This permit shall become voidable in the event of failure of the distribution and marketing
program to adequately protect the assigned water quality standards of the surface waters
and groundwaters.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface or groundwaters resulting from the operation of this program.
4. In the event that the distribution and marketing program is not operated satisfactorily,
including the creation of nuisance conditions, the Permittee shall take any immediate
corrective actions as may be required by the Division.
5. When wastewater residuals are sold or given away, one of the Class A pathogen
requirements in 40 CFR Part 503.32(a) must be met. Additionally, an evaluation must be
performed which demonstrates the residuals ability to comply with this requirement. Upon
request, a copy of this evaluation must be submitted to the Assistant Chief, Technical
Support Branch, Division of Water Quality, Post Office Box 29535, Raleigh, NC 27626-
0535.

11. OPERATION AND MAINTENANCE REQUIREMENTS
1. For a waste product of exceptional quality to be sold or given away in bags or other
container for application to the land, the following must be satisfied:
The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly
Average Concentrations (Dry Weight Basis) must be maintained:
Ceiling Monthly Average
Concentrations Concentrations
Parameters mgft mag
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Nickel
420
420
Zinc
7,500
2,800
2. 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 an other container for application
to the land. The label or information sheet shall contain the following information:
a. The name and address of the person who prepared the residuals that is sold or given
away in a bag or other container for application to the land.
b, A statement that application of the residuals to the land is prohibited except in
accordance with the instructions on the label or information sheet.
c. Information on all applicable buffers including a 10 foot buffer between application site
and any public or private water supply source (including wells) and any stream, lake,
or river.
d. Residuals shall not be applied to any site that is flooded, frozen or snow-covered.
e Adequate procedures shall be provided to prevent surface runoff from carrying any
disposed or stored residuals into any surface waters.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division of Water Quality to insure protection of the
environment will be established and an acceptable sampling and reporting schedule shall be
followed.
2. Proper records shall be maintained by the Permittee tracking all residual activities. These
records shall include, but are not necessarily limited to the following information:
a. source, volume and analysis of the poultry waste product
b. name of residuals' recipient, volume received, and intended use

3. A residual analysis shall be conducted annually from the date of permit issuance by the
Permittee. The results of all analysis shall be maintained on file by the Permittee for a
minimum of five years. The residuals analysis shall include the following parameters:
Cadmium Nickel
Copper Zinc
Lead
Aluminum
pH
Ammonia -Nitrogen
Phosphorus
Calcium
Plant Available Nitrogen (by calculation)
Magnesium
Potassium
Nitrate -Nitrite Nitrogen
Sodium
% Total Solids
TKN
4. Three copies of all required monitoring and reporting requirements as specified in
conditions III 2 and III 3 shall be submitted annually on or before March 1 of the following
year to the following address:
NC Division of Water Quality
Water Quality Section
Facility Assessment Unit
PO Box 29535
Raleigh, NC 27626.0535
7. Noncompliance Notification:
The Permittee shall report by telephone to the appropriate DWQ Regional Office (as
outlined in attachment 1) as soon as possible, but in no case more than 24 hours or on the
next working day following the occurrence or first knowledge of the occurrence of any of
the following: .
a. Any occurrence with the distribution program which results in the land application of
significant amounts of wastes which are abnormal in quantity or characteristic.
b . Any failure of the distribution program resulting in a release of material to receiving waters.
c. Any time that self-monitoring information indicates that the facility has gone out of
compliance with the conditions and limitations of this permit or the parameters on
which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system during transportation of
residuals.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within five (5) days following first knowledge of the occurrence. This report must
outline the actions taken or proposed to be taken to ensure that the problem does not recur.
IV. INSPECTIONS
1. The Permittee or his designee shall inspect the residuals storage, transport, and treatment
facilities to prevent malfunctions and deterioration, operator errors and discharges which
may cause or lead to the release of wastes to the environment, a threat to human health, or a
nuisance. The Permittee shall maintain an inspection log or summary including at least the
date and time of inspection, observations made, and any maintenance, repairs, or corrective
actions taken by the Permittee. This log of inspections shall be maintained by the Permittee
for a period of five years from the date of the inspection and shall be made available to the
Division of Water Quality or other permitting authority, upon request.
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2. Any duly authorized officer, employee, or representative of the Division of Water Quality
may, upon presentation of credentials, enter and inspect any property, premises or place on
or related to the treatment site or facility at any reasonable time for the purpose of
determining compliance with this permit; may 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 distribution activities are carried out in
accordance with the conditions of this permit, the supporting materials, and in the manner
approved by this Division.
2. This permit is effective only with respect to the nature and volume of residuals described in
the application and other supporting data.
3. This permit is not automatically transferable. In the event that there is a desire for the
facilities to change ownership or a name change of the Permittee, a formal permit request
must be submitted to the Division of Water Quality accompanied by an application fee,
documentation from the parties involved, and other supporting materials as may be
appropriate. The approval of this request will be considered on its merits and may or may
not be approved.
4. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division of Water Quality in accordance with
North Carolina General Statute 143-215.6(a) to 143-215.6(c)-
5. The annual administering and compliance fee must be paid by the Permittee within thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205
(c)(4).
6. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
7. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
8. This permit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division of Water Quality deems necessary in
order to adequately protect the environment and public health.
Permit issued this the 27th day of January, 1997.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
[� ln::� �-
A. Preston H , Jr., P.E., Director
Division of Wat Quality
By Authority of the Environmental Management Commission
Permit Number WQ0013380
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