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HomeMy WebLinkAboutWQ0013729_Final Permit_20111011MCDEN North Carolina Department of Environment and Natural Resources Division of Neater Quailty Beverly Eaves Perdue Coleen H. Sullins Governor Director October 11, 2011 Dr. Freda Porter Porter Scientific, Inc. d/b/a Porter Environmental PO Box 1359 Pembroke, North Carolina Dear Dr. Porker: Dee Freeman Secretary Subject: Permit No. WQ0013729 Town of Pembroke Land Application of Class B Residuals Non -Dedicated Robeson County In accordance with your permit major modification request received August 23, 2011, we are forwarding herewith Permit No. WQ0013729, dated October 11, 2011, to Porter Scientific, Inc. for the continued operation of the subject residuals management program. Modifications to the subject permit include adding 512.7 acres of land application area and increasing the dry tons from 100 to 266 per year. On August 5, 2009, Session Law 2009-406 and 2010-177, was enacted by the General Assembly and signed into law. The Act extends the expiration date of certain government approvals and permits. Non -discharge permit, WQ0013729, issued by the Division of Water Quality falls within the scope of this Act and is therefore being extended until April 30, 2018. Please note per your permit, a renewal application must still be submitted six months in advance of the extended expiration date. This permit shall be effective from the date of issuance until April 30, 2018, shall void Permit No. WQ0013729 issued May 27, 2009 and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachment A for it 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. AQUIFER PROTECTION SECTION 1636 N,, Service center, Rale?jh, North Carolina 276K-16Y Lc%; at:a-: 2728 Capital Boulevard, Raleigi , Nor: Carom` 27104 Phone: 815-733-3221 '% FAX 1: 319-715-058 F,;_ Custoner 5e-,vim 1-8-7-6M 674E !919-re`: htrn:11" gP;.i.":7c':r.orc :Net'y D r ,,.:'C.cu.. ,k i, xor. =anlo, One No—ithCa7 oli-11a , la Dr. Porter October 11, 2011 Page 2 of 2 Please note the following permit conditions are new since the last permit issuance: ➢ Condition 1.2. The permittee shall be in full compliance with the regional office notification requirements established in Condition 111.3. within 90 days of permit issuance. ➢ Condition 1.3. The permittee shall submit the Operation and Maintenance (O&M) plan as required in Condition IHA. to the Division within 90 days of permit issuance. ➢ Condition 1.4. The permittee shall be in full compliance with the signage requirements established in Condition 111.13. within 180 days of permit issuance. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit, This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact Alice M. Wessner at (919) 715-5208 or alice.wessner@ncdenr.gov. Sincerely, �f Coleen H. Sullins cc: Robeson County Health Department Fayetteville Regional Office, Aquifer Protection Section S&ME, Inc. 3718 Old Battleground Road, Greensboro, North Carolina 27410 Technical Assistance and Certification Unit Permit File WQ0013729 Notebook File WQ0013729 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF CLASS B RESIDUAL SOLIDS PERMIT NON -DEDICATED 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 Porter Scientific, Inc. d/b/a Porter Environmental Robeson County FOR THE continued operation of a residuals management program for Porter Scientific, Inc. d/b/a Porter Environmental and consisting of the land application of Class B residuals generated by the approved facilities listed in Attachment A to the approved sites listed in Attachment B with no discharge of wastes to surface waters, pursuant to the application received August 23, 2011, 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 issuance until April 30, 2018, shall void Permit No. WQ0013729 issued May 27, 2009, 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 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. 2. The permittee shall be in full compliance with the regional office notification requirements established in Condition 111.3. within 90 days of permit issuance. 3. The permittee shall submit the Operation and Maintenance (O&M) plan as required in Condition 111.4. to the Division within 90 days of permit issuance. 4. The permittee shall be in full compliance with the signage requirements established in Condition 11I.13. within 180 days of permit issuance. WQ0013729 Version 3.1 Shell Version 101116 Page 1 of 12 H. PERFORMANCE STANDARDS 1. The subject residuals 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 land applying residuals to the site, contact the Fayetteville regional office's Aquifer Protection Section supervisor, and take any immediate corrective actions. 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. 3. Only residuals generated by the facilities listed in Attachment A are approved for land application in accordance with this permit. 4. Only the sites listed in Attachment B are approved for residuals land application. 5. Pollutant concentrations in residuals applied to land application sites listed in Attachment B shall not exceed the following Ceiling Concentrations (i.e., dry weight basis) or Cumulative Pollutant Loading Rates (CPLRs): Parameter Ceiling Concentration (milligrams per kilogram) CPLR (pounds per acre) Arsenic 75 36 Cadmium 85 34 Copper 4,300 1,338 Lead 840 267 Mercury 57 15 Molybdenum 75 n/a Nickel 420 374 Selenium 100 89 Zinc 7,500 2,498 The Permittee shall determine compliance with the CPLRs using one of the following methods: a. By calculating the existing cumulative level of pollutants using actual analytical data from all historical land application events of residuals, or b. For land where residuals application have not occurred or for which the required data is incomplete, by determining background concentrations through representative soil sampling. Residuals that are land applied shall meet Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c). Exceptions to this requirement shall be specified in Attachment A. 7. 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 land applied 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. WQ0013729 Version 3.1 Shell Version 101116 Page 2 of 12 8. Setbacks for treatment and storage facilities shall be as follows: Setback Description Setback (feet) Habitable residence or place of public assembly under separate ownership or not 100 to be maintained as part of the prqj ect site Property lines 50 Private or public water supply 100 Surface waters (streams — intermittent and perennial, perennial waterbodies, and 50 wetlands) Wells with exception to monitoring wells 100 9. Setbacks for land application sites shall be as follows: Setback by application type (feet) Setback Description Vehicular Irrigation Surface Surface Injection/ Application Application Incorporation Habitable residence or place of public assembly under separate ownership or not to be maintained as 400 400 200 art of the project site Habitable residence or places of public assembly owned by the Permittee, the owner of the land, or the 0 200 0 lessee/operator of the land to be maintained as part of the pEoject site Property lines 50 150 50 Public right of way 50 50 50 Private or public water supply 100 100 100 Surface waters (streams — intermittent and perennial, 100 100 50 perennial waterbodies, and wetlands) Surface water diversions (ephemeral streams, 25 100 25 waterways, ditches) Groundwater lowering ditches (where the bottom of 25 100 25 the ditch intersects the SHWT) Subsurface groundwater lowering system 0 100 0 Wells with exception to monitoring wells 100 100 100 Bedrock outcrops 25 25 25 Top of slope of embankments or cuts of two feet or l 5 15 15 more in vertical height Building foundations or basements 0 15 0 Water lines 0 10 0 Swimming pools 100 100 100 Nitrification fields 0 20 0 10. Land application areas shall be clearly marked on each site prior to and during any residuals application event. WQ0013729 Version 3.1 Shefl Version 101116 Page 3 of 12 11. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance 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://www.soil.nesu.edu/programs/nnip/yieldsl). A copy shall be kept on file and reprinted every five years in accordance with Condition IV.11. 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: 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 the Senate Bill 1217 Interagency Group - Guidance Document: Chapter 1 (bttp://mww.enr.state.ne.us/DSWC/pnes/ idance docs.html . iii. Certified. Nutrient Management Plan as outlined by the Natural Resources Conservation Services (NRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards Lftp://-fc.sc.egov.usda.gov/NHQ/practice-standards/standards/590.pdf). d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. 12. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by 25% in accordance with the USDA-NRCS 590 Nutrient Management Standards. 13. If land application sites are to be over -seeded or double -cropped (e.g., bermuda grass in the summer and rye grass in the winter with both crops to receive residuals), then the second crop can receive an application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ac/yr). This practice may be allowed as long as the second crop is to be harvested or grazed. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no additional PAN shall be applied. 14. Prior to land application of residuals containing a sodium adsorption ratio (SAR) of 10 or higher, the Permittee shall obtain and implement recommendations from at least one of the following: 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. The recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee shall maintain written records of these recommendations and details of their implementation. 15. The compliance boundary residual land application sites shall be specified in accordance with 15A NCAC 02L .0107(b). These sites were individually permitted on or after December 30, 1983; therefore, 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 rernediation 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. Any approved relocation of the COMPLIANCE BOUNDARY will be noted in Attachment B. 16. in accordance with 15A NCAC 02L .0108, 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. WQ0013729 Version 3.1 Shell Version 101116 Page 4 of 12 III. 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. 2. The Fayetteville Regional Office, telephone number (910) 433-3300, and the appropriate local government official (i.e., county manager, city manager, or health director) shall be notified at least 48 hours prior to the initial residuals land application event to any new land application site. Notification to the Aquifer Protection Section's regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 3. The Fayetteville Regional Office shall be notified via email or telephone; (910) 433-3300, at least 24 hours prior to conducting any land application activity. Such notification shall indicate, at a minimum, the anticipated application times, field IDs, and location of land application activities. If it becomes necessary to apply to additional fields due to unforeseen events, the Regional Office shall be notified prior to commencing the application to those fields. 4. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to 15A NCAC 02T .1110. 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) Safety measures; d) Spill response plan; e) Inspection plan including the following information: i. Names and titles of personnel responsible for conducting the inspections; ii. Frequency and location of inspections, including those to be conducted by the ORC, and procedures to assure that the selected location(s) and inspection frequency are representative of the residuals management program.; iii. Detailed description of inspection procedures including record keeping and actions to be taken by the inspector in the event that noncompliance is observed pursuant to the noncompliance notification requirements under the monitoring and reporting section of the permit; f) Sampling and monitoring plan including the following information: i. Names and titles of personnel responsible for conducting the sampling and monitoring; ii. Detailed description of monitoring procedures including parameters to be monitored; iii. 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 Iimiting 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). WQ0013729 Version 3.1 Shell Version 101116 Page 5 of 12 Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the facility, the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC 08G .0201. The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition III. 4.), and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and designation requirements, please contact the Division of Water Quality's Technical Assistance & Certification Unit at (919) 733-0026. 6. When the Permittee land apply bulk residuals, a copy of this permit and a copy of O&M Plan shall be maintained at the land application sites during land application activities. T When. the Permittee transport or land apply bulk residuals, the spill control provisions shall be maintained in all residuals transport and application vehicles. S. Residuals shall not be stored at any land application site, unless written approval has been requested and received from the Division. 9. When the Permittee land applying bulk residuals, adequate measures shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into surface waters. 10. When the Permittee land applying bulk residuals, a suitable vegetative cover shall be maintained on land application sites onto which residuals are applied 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 an agronomist and as approved by the Division. 11. 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 bulb 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 1 S% 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 least 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; i. 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; WQ0013729 Version 3.1 Shell Version 101116 Page 6 of 12 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. 12. The following public access restrictions apply to residual land application sites: a, Public access to public contact sites (e.g., golf courses, parks, ball fields, etc.) shall be restricted for 365 days after a residuals land application event; b. Public access to non-public contact sites shall be restricted for 30 days after a residuals land application event. 13. Public access controls shall include the posting of signs with a minimum area of 3 square feet (e.g., 1.5' x 2'). Each sign shall indicate the activities conducted at each site, permit number, and name and contact information, including the Permittee or applicator's telephone number. Signs shall be posted in a clearly visible and conspicuous manner at the entrance to each land application site during a land application event, and for as long as the public access restrictions required under Condition 1H.12 apply. 14. The following harvesting and grazing restrictions apply to residual land application sites after each land application event: Harvesting and Grazing Description Restricted Duration Animals shall not be allowed to graze during land application activities and restricted period. Sites that are to be used for grazing shall have fencing to 30 days prevent access after each land application event. Food crops, feed crops and fiber crops shall not be harvested for: 30 days Turf grown on land where residuals have been applied shall not be harvested for: 12 months Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.) 14 months shall not be harvested for: When the residuals remain on the land surface for four months or longer prior to incorporation into the soil, food crops with harvested parts below the land 20 months surface (e.g., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for: When the residuals remain on the land surface for less than four months prior to incorporation into the soil, food crops with harvested parts below the land 38 months surface shall not be harvested for: 15. The Permittee shall acquire from each landowner or lessee/operator a statement detailing the volume of other nutrient sources (i.e., manufactured fertilizers, manures, or other animal waste products) that have been applied to the site, and a copy of the most recent Nutrient Management Plan (NMP) for those operations where a NMP is required by the US Department of Agriculture — National Resources Conservation Service (MRCS) or other State Agencies. The Permittee shall calculate allowable nutrient loading rates based on the provided information and use appropriate reductions. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan (WUP) or Certified Nutrient Management Plan (CLAMP) shall also be considered a Nutrient Management Plan. WQ0013729 Version 3.1 Shell Version 101116 Pace 7 of 12 16. No residuals shall be land applied unless the submitted Land Owner Agreement Attachment (LOAA) between the Permittee and landowners or lessees/operators of the land application site is in full force and effect. These agreements shall be considered expired concurrent with the permit expiration date, and shall be renewed during the permit renewal process. IV. MONITORING AND REPORTING REOiTIREMENTS 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. 2. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). The analyses [corrosivity, ignitahility, reactivity, and toxicity characteristic leaching procedure (TCLP)l 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): Arsenic (5.0) 1,4-Dichiorobenzene (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) Once the residuals have been monitored for two years at the frequency specified in Attachment A, the Permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per permit cycle. WQ0013729 Version 3.1 Sheli Version 101116 Paae 8 of 12 3. An analysis shall be conducted on residuals from each source generating facility 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) 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 B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c) 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. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site listed in Attachment B on which a residuals land application event will occur in the respective calendar year. This analysis shall be in accordance with the "Guidance on Soil Sampling" located in the Sampling Instructions section of the NC Department of Agriculture & Consumer Services' website (http://www,ncagr.gov/agronomiipubs.htiii). The Permittee shall maintain these results and a description of the sampling methodologies used to determine soil fertility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH 6. Laboratory parameter analyses shall be performed on the residuals as they are land applied and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505. 7. The Permittee shall maintain records tracking all residual land application events. At a minimum, these records shall include the following: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number as listed in Attachment B); d. Approximate areas applied to (acres); e. Method of land application; WQ0013729 Version 3.1 Shell Version 101116 Page 9 of 12 f. Weather conditions (e.g., sunny, cloudy, raining, etc.); g. predominant Soil Mapping Unit (e.g., CbB2); h. Soil conditions- (e.g., dry, wet, frozen, etc.); i. Type of crop or crops to be grown on field; j . 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); k. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, or wet ton per acre; 1. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or wet tons per acre; m. Volume of soil amendments (e.g., lime, gypsum., etc.) applied in gallons per acre, dry ton per acre, or wet tons per acre; and n. Annual and cumulative totals in dry tons per acre of residuals as well as animal waste and other sources of nutrients (e.g., if applicable), annual and cumulative pounds per acre of each heavy metal (e.g., shall include, but shall not be limited to, arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. 8. Three copies of an annual report shall be submitted on or before March I". 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 btt-p://-portal.iicdenr.org/web/wq/a-ps/lau/reportin , or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: Division of Water Quality Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 9. Noncompliance Notification The Permittee shall report by telephone to the Fayetteville Regional Office, telephone number (910) 433-3300, 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 land application program resulting in the land application of significant amounts of wastes that are abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to surface waters. c. Any time self -monitoring indicates the facility has gone out of compliance with its permit (imitations. 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. WQ0013729 Version 3.1 Shell Version 101116 Page 10 of 12 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 be taken to ensure that the problem does not recur. V. INSPECTIONS 1. 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 Plan. Prior to each bulk residuals land application event, 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 loa for a period of five years from the date of inspection, and this log; shall be made available to the Division upon request. 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. 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. 2. This permit shall become voidable if the residuals land application events are not carried out in accordance with the conditions of this permit. 3. This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. 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 NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. 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. WQ0013729 Version 3.1 Shell Version 101116 Page 11 of 12 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. 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 15A NCAC 02T .0120(b). 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 be cause for the Division to revoke this permit pursuant to 15A NCAC 02T .0105(e)(3). Permit issued this the llth day of October 2011 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION „oole..��S�ulhns,�D-ir recto f Water Quality By Authority of the Environmental Management Commission Permit Number WQ0013729 WQ0013729 Version 3.1 Shell Version 101116 1 Page 12 of 12 ATTACHMENT A - Approved Residual Sources Porter Scientific, Inc. d/b/a Porter Environmental Certification Date: October 11, 2011 Permit Number: WQ0013729 Version: 3.1 Monitoring Monitoring Monitoring Permit Biological Maximum Frequency for Frequency for Frequency for Approved Owner Facility Name County Number Residuals Dry Tons Non -hazardous Metals and Pathogen & Mineralization Per Year � Characteristics z 3, s Nutrients Vector Attraction [fate Reductions4';'s Town of Pembroke Pembroke W WTP Roberson NC0027103 Yes 266.0 Annually See Table Below See `fable Below 0.30 Total 266.0 1. Maximum Dry 'Pons per Year is the amount of residuals approved for land application from each 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. "besting of metals and nutrients as stipulated under permit Condition IV.3. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition IVA. Permit application indicated that Alternative l-Fecal Coliform Density Demonstration and Alternative 2 -- Process to Significantly Reduce Pathogens/aerobic digestion will be performed to meet pathogen reduction requirements, Alternative 3 — 30-Day Bench Scale 'rest will be performed to meet vector attraction reductions. however, other methods listed under 15A NCAC 021' .1106(b) and .1I07(a) can also be used to demonstrate compliance with this permit requirement. 5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above. Dry Tons Generated short tons per yeno Monitoring Frequency Established in 40 CFR 503 and 15A NCAC 42T .1111 <319 1/Year —>319 - •-1,650 1/ Quarter 4 times er ear -I,650 - <16,500 1/60 Days (6 times per ear --16,500 1/month (12 times per ear If no land application events occur during a required sampling period (e.g. no land application occur during an entire year when annual monitoring is required), then no sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the annual report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarification. Page I of 2 ATTACHMENT A - Approved Residual Sources Porter Scientific, Inc. d/b/a Porter Environmental THIS PAGE BLANK Page 2 of 2 Certification Date: October 11, 2011 Permit Number: W90013729 Version: 3.1 ATTACHMENT B - Approved Land Application Sites Porter Scientific, Inc. d/b/a Porter Environmental Certification Date: October 11, 2011 Permit Number: WQ0013729 Version: 3.1 Field/Site Owner Lessee County LAtitude Longitude A Net a Dominant Soil Series Footnotes CU-0[A Cummings, Roy Cummings, Lacy L Robeson 3404445" 79006*31" 11.60 Lynchburg CU-0I B Cummings, Roy Cummings, Lacy L Robeson 3404445" 7900611" 42.20 McColl C-1J-02 Cummings, Roy Cummings, Lacy L Robeson 34"43'60" 79009'29" 30.70 Norfolk 0X-01 Oxendine, Billy Robeson 34044'57" 79009'04" 19,35 Wagram OX-02A Oxendine, Hilly Robeson 34045'05" 79009'20" 11.04 Wagram OX-02B Oxendine, Billy Robeson 34045'05" 79009'20" 2I.23 McColl LNINI-01 Lee Mary McRae Robeson 34037'02" 79014'57" 86.6 Norfolk LMM-02 Lee Mary McRae Robeson 34036*49" 7901514" 28.2 Wagram LMM-03 Lee Mary McRae Robeson 34036'30" 79'15'20" 51.3 Wagram LMM-04 Lee Mary McRae Robeson 349617" 79'15'00" 35.8 Norfolk 130-01 Belton Oxendine Robeson 34046'04" 7901641" 75.6 Norfolk BO-02 Belton Oxendine Robeson 34046'21" 79015'45" 24.6 Norfolk BO-03 Belton Oxendine Robeson 34"46'33" 79-15-36" 60.5 Norfolk RO-0 i Roger Oxendine Robeson 34033'56" 79017'20" 24.3 Aycock RO-02 Roger Oxendine Robeson 34033154" 79017'29" 35.5 Exum TO-01 James'['. Oxendine Robeson 34045'23" 79°1T04" 20.8 Norfolk TO-01 James T. Oxendine Robeson 34045'22" 79'17'18" 16.0 Norfolk TO-03 James T. Oxendine Robeson 34046'06" 79017'05" 53.5 Norfolk Total 648.82 Page I of I pa, of #€# 2