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HomeMy WebLinkAboutWQ0013381_Final Permit_19970421State 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 April 21, 1997 Thomas Keith Barefoot Quin Deca 3591 Zack's Mill Road Angier, NC 27501 Dear Mr. Barefoot: ffl�';VA A&140 0 0 00 V Am ML I DEHNF� Subject. Permit No. WQ0013381 Thomas Keith Barefoot Swine Waste System Wastewater Spray Irrigation Johnston County In accordance with your application received January 21, 1997, we are forwarding herewith Permit No. WQ0013381, dated April 21, 1997, to Thomas Keith Barefoot authorizing the operation of an animal waste collection, treatment, storage and land application system in accordance with this permit and the farm's certified animal waste management plan. This permit shall be effective from the date of issuance until March 31, 2002 and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Any increase in flow or increase in stocked animals above the listed values in this permit will require a modification to this permit and shall be completed prior to actual increase in either flow or number of animals. 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, 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 contact Andrew M. Oakley at (919) 733-5083 extension 533. Sincerely, L �-' A. Pres oward, Jr., P.E. cc: Johnston County Health Department Poggomeyer Design Group, Inc. Raleigh Regional Office, Water Quality Section Bob Cheek, Groundwater Section, Central Office Training and Certification Unit Facilities Assessment Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 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 ANIMAL WASTE OPERATION PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Thomas Keith Barefoot Johnston County FOR THE continued operation of a 5,760 GPD spray irrigation treatment and disposal facility consisting of a 184,500 gallon clay -lined basin with 5 hp aerator, two parallel 290,000 gallon clay -lined settling basins, a 245,000 gallon clay -lined basin with 5 hp aerator, a 308,000 gallon clay -lined basin with 2 hp aerator, a 4,200,000 gallon storage pond, and 78 acres of available sprayfield to serve 2,880 feeder -to -finish swine at Quin Deca Farms, with no discharge of wastes to the surface waters, pursuant to the application received January 21, 1997, 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 March 31, 2002 and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS The animal waste collection, treatment, storage and transmission system under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. If Quin Deca is in compliance with this permit, an unintentional discharge as a result of a storm event greater than the 25 year, 24 hour storm, will not be considered to be in violation of this permit. 2. A copy of this permit, certification forms, and lessee and landowner agreements shall be maintained at the farm where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion. 3. For all new and expanding operations, no collection or storage facilities may be constructed which could be inundated by a 100 year flood. In addition to protection from inundation, the facility shall be designed in order to minimize potential harm to or within the floodplain. II. 4. The spray irrigation facilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contamination of ground waters which will render them unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to adequately assimilate the wastewater, the Permittee shall take immediate corrective actions including those actions that may be required by the Division of Water Quality, such as the construction of additional or replacement wastewater treatment and disposal facilities. 5. The following buffers shall be maintained: a) 400 feet between wetted area and any residence or places of public assembly under separate ownership, b) 50 feet between wetted area and property lines, c) 100 feet between wetted area and wells, d) 100 feet between wetted area and drainageways or surface water bodies, e) 50 feet between wetted area and public right of ways, f) 100 feet between wastewater treatment units and wells, and g) 50 feet between wastewater treatment units and property lines. OPERATION AND MAINTENANCE REQUIREMENTS 1. The collection, treatment, and storage facilities, and land application equipment and sites shall be properly maintained and operated at all times. 2. A suitable vegetative cover shall be maintained on all land application sites and buffers in accordance with the permit. No waste may be applied upon fields not approved by or prepared in accordance with this permit. 3. The following are approved sites for animal waste application (see attached map(s)): Tract No.- Field No. Owner/Lessee _Application Area racresl 7122-1 Thomas K. Barefoot 0.95 7122-2 Thomas K. Barefoot 11.5 7122-3 Thomas K. Barefoot 1.40 7122-4 Thomas K. Barefoot 3.40 5982-1 Z.B. Byrd 65.0 4. An acceptable pH of the soil shall be maintained on all land application sites to insure optimum yield for the crop(s) being grown. 5. The Plant Available Nitrogen application rates and hydraulic loading rates shall not. be exceeded. 6. Application of animal waste onto land: a. which is used to grow food or fiber crops for direct human consumption that does undergo further processing shall not occur within 30 days of the harvesting. b. which is used to grow food or fiber crops for direct human consumption (e.g., strawberries, melons, lettuce, cabbage, apples, etc.) that does not undergo further processing shall occur preplant , but not during the growing season, or in the case of fruit bearing trees, shall only be applied prior to breaking dormancy. 2 7. Application of animal waste onto land which is conventionally tilled and with no actively growing cover crop (bare soil) shall be incorporated into the soil within two (2) days after application. This does not include fields that utilize conservation tillage practices. 8. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, storage and transmission system. Washdown of stock trailers, owned by and used to transport animals from this farm only, will be permissible as long as system design accommodates the additional flow and as long as only those detergents and disinfectants are utilized which are labeled by the manufacturer as readily biodegradable. 9. Disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture (NCDA) Veterinary Division's regulations. 10. Grazing animals on an application site shall be controlled in accordance with Natural Resources Conservation Service (NRCS) Standards. 11. All uncontaminated stormwater runoff from the surrounding property and buildings shall be diverted away from the animal waste treatment units and storage pond to prevent any unnecessary addition to the liquid volume in the structures. 12. A protective vegetative cover shall be established on all disturbed areas (lagoon embankments, berms, pipe runs, erosion control areas, etc.) Emerging vegetation such as trees, shrubs, and other woody species shall not be allowed to grow on the dikes or sideslopes. Waste treatment unit and storage pond areas should be kept mowed and accessible. 13. Disposal of the sludge shall be in accordance with General Statute 143-215.1 and in a manner approved by the North Carolina Division of Water Quality. When removal of sludge from the waste treatment unit is necessary, provisions must be taken to prevent damage to waste treatment unit. The distribution or marketing of residuals from an animal waste operation will require coverage under a separate permit. 14. Solid materials including, but not limited to, bottles, light bulbs, gloves, syringes or any other solid waste from the animal waste operation shall be prevented from entering the treatment unit and shall be disposed of properly. 15. The facility must have at all times (a) adequate animal waste application and handling equipment on site, (b) a lease for the use of the necessary equipment, (c) a contract with a third party applicator capable of providing adequate waste application, or (d) a contract for the purchase of the equipment. In all cases, the equipment and any contractor must be capable of land applying the waste on the sites specified in this permit in compliance with both the agronomic and hydraulic loading rates for the sites. - - 16. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. 111. MONITORING AND REPORTING REQUIREMENTS Adequate records shall be maintained by the Permittee tracking the amount of wastewater disposed. These records shall include, but are not necessarily limited to, the following information: a. date of irrigation, b. volume of wastewater irrigated, c. field irrigated, d. length of time field is irrigated. 2. if not already installed at this facility, a level gauge shall be installed within 60 days of issuance of this permit to monitor storage levels. Caution must be taken not to damage the integrity of the liner when installing the gauge. Waste storage pond levels shall be recorded weekly. 3. A representative Standard Soil Fertility Analysis shall be conducted annually on each application site receiving animal waste. The results of these tests shall be maintained on file by the Permittee for a minimum of three years and shall be made available to the DWQ upon request. 4. An analysis of the liquid animal waste from the storage pond shall be conducted initially after issuance of the permit and thereafter as close to the time of each waste application as practical. This test shall be conducted as close to the time of application as practical and at least within 60 days (before or after) of the date of application. This analysis shall include the following parameters: Nitrogen Zinc Phosphorous Copper 5. Proper records shall be maintained on site and in chronological and legible form for a minimum of three years by the Permittee. These records shall be maintained on forms provided by the DWQ and shall be readily available for inspection. 6. Regional Notification: The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 571-4740, as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: a. Failure of any component of the animal waste collection, treatment, storage and land application system resulting in a discharge to surface waters. b . Any failure of the animal waste treatment and disposal program that renders the facility incapable of adequately receiving, treating or storing the animal waste and/or sludge. c. Spillage or discharge from a vehicle or piping system transporting animal waste or sludge to the application sites which results in, or may result in, a discharge to surface waters. d . Any deterioration or leak in a waste treatment unit that poses an immediate threat to the environment. e. Failure to maintain adequate storage capacity in a storage pond that poses an immediate threat to public health or the environment. f. Overspraying animal waste either in excess of the limits set out in the permit or where runoff enters waters of the State. 9- Any discharge that bypasses a treatment unit or storage pond. For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-800-858-0368. The permittee shall also file a written report of the occurrence in letter form within 5 days following first knowledge of the occurrence, unless waived by the Regional Office. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. 4 IV. GROUNDWATER REQUIREMENTS The Groundwater Compliance Boundary for the disposal system constructed after December 31, 1983, is established at either (1) 250 feet from the waste structures and from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste structures and the waste disposal area. If this facility was constructed prior to December 31, 1983, the Compliance Boundary is established at either (1) 500 feet from the waste disposal area, or (2) at the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to.the penalty provisions applicable under the North Carolina General Statutes. 2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS 1. The Permittee or his designee shall inspect the wastewater treatment and disposal facilities to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall keep an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of three years from the date of the inspection and shall be made available upon request to the Division of Water Quality or other permitting authority. 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 disposal site or facility at any reasonable time for the purpose of determining compliance with this permit, may inspect or copy any records that must be maintained under the terms and conditions of this permit, and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS 1. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or ground waters resulting from the operation of this program. 2. The Permittee shall designate and employ a certified animal waste management system operator to be in charge (OIC) of the animal waste management system. No animal waste management system shall be operated unless supervised by the OIC. 3. The operating level of lagoons and other uncovered waste containment structures must not exceed the level that provides adequate storage to contain at a minimum a 25 year, 24 hour storm event, chronic rainfall, plus an additional 1 foot of freeboard. 4. Upon reasonable cause to believe that any activities conducted pursuant to this permit may cause or contribute any waste, directly or indirectly, to be intermixed with the waters of the State, the DWQ may require any monitoring (including but not limited to groundwater, surface water, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of such waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Commission requirements. "Reason4ble,Cause" mAbe based on the findings of a related Federal, State, Commission or DEHNR authorized study or report, or on showing that violations of State water quality or other applicable environmental standards have occurred or may occur - 5 5. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the DWQ in accordance with North Carolina General Statutes and may include the requirement to obtain an individual animal waste operation permit, the addition of treatment or storage units, or the addition of land application sites. 6. The issuance of this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state, and federal). 7. If animal production at the facility is to be suspended or terminated, the owner is responsible for developing, implementing and completing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution, erosion, and the potential for injury and shall be in accordance with NRCS lagoon closure standards in effect when the closure plan is developed and implemented. Closure shall also include notifying the DWQ. Failure of the Permittee to maintain, in full force and effect, lessee and landowner agreements, shall constitute grounds for revocation of this permit. 9. This permit is effective only with respect to the nature and volume of wastes described in this permit for Quin Deca. 10. This permit is not automatically transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division 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. 11. A set of approved plans and specifications for the subject project must be retained by the Permittee for the life of the project. 12. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Permit issued this the 21st day of April, 1997 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �-A. Presto , ward, Jr., P.E., Director Division ofVater Quality By Authority of the Environmental Management Commission Permit Number WQ0013381 M