HomeMy WebLinkAboutWQ0013921_Final Permit_20030829�QF WATFR� Michael F. Easley, Governor
`U G William G. Ross Jr., Secretary
r= North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of water Quality
August 29, 2003
J.W. LUDES, VP OF OPERATIONS
BROWN'S OF CAROLINA, LLC
POST OFFICE BOX 487
WARSAW, NC 28398
Subject: Permit No. WQ0013921
Brown's of Carolina, LLC
Duplin Truck Wash Facility
Wastewater Surface Irrigation
Duplin County
Dear Mr. Ludes:
In accordance with your request for renewal received April 1, 2003, we are forwarding herewith Permit
No. WQ0013921, dated August 29, 2003, to the Brown's of Carolina, LLC for the continued operation of the
subject wastewater treatment and surface irrigation facilities.
This permit shall be effective from the date of issuance until July 31, 2008, shall void Permit No.
WQ0013921 issued March 31, 1998, and shall be subject to the conditions and limitations as specified therein.
Please pay particular attention to the monitoring requirements in this permit, specifically Condition III 5.
In accordance with Condition II 2, the facility must have a properly designated operator in responsible
charge. Prior to performing spray activities, the cover crop shall be properly baled and removed. Please
pay special attention to Conditions II 1 and 116, which address the permit renewal inspection observation
of a hole in the rear wall of a wash bay that allows wastewater to escape and infiltrate into the ground.
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 Iimitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
6714. Unless such demands are made this permit shall be final and binding.
(OVER]
Non -Discharge Permitting Unit Internet http:/Wo.enr.statc.nc.us/ndpu AVA
1617 Mail Service Center, Raleigh, NC 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048
DENR Customer Service Center Telephone 1 800 623-7748
An Equal Opportunity Action Employer 50% recycled/10% post -consumer paper
If you need additional information concerning this matter, please contact Toni Wyche at (919) 733-5083
extension 546. �f
cc: Duplin County Health Department
Wilmington Regional Office, Water Quality Section
Wilmington Regional Office, Groundwater Section
Groundwater Section, Central Office
Technical Assistance and Certification Unit
Water Quality Central Files
NDPU Files
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SURFACE IRRIGATION SYSTEM 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
Brown's of Carolina, LLC
Duplin County
FOR THE
continued operation of a 3,436-GPD (4,811-GPD, 5 days per week) surface irrigation treatment and disposal
facility consisting of dual covered truck was bays, a single stage, a 42,588 cubic foot lagoon, and a solid set
irrigation system with a total of 62 sprinklers covering 8.2 acres to serve the Brown's of Carolina, LLC Duplin
Track Wash Facility, with no discharge of wastes to the surface waters, pursuant to the application received April
1, 2003, and subsequent additional information received by the Division, and in conformity with the project plan,
specifications, and other supporting data subsequently filed and approved by the Department of Environment and
Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until July 31, 2008, shall void Permit No.
WQ0013921 issued March 31, 1998, and shall be subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
The surface irrigation facilities shall be effectively maintained and operated at all times so that there
is no discharge to the surface waters, not 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 (Division), such as the construction of additional or
replacement wastewater treatment and disposal facilities.
2. 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 facility.
3. The residuals generated from these treatment facilities must be disposed in accordance with General
Statute 143-215.1 and in a manner approved by the Division.
4. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
The following buffers shall be maintained:
a) 400 feet between wetted area and any residence or places of public assembly under separate
ownership,
b) 25 feet between wetted area and property lines,*
c) 100 feet between wetted area and wells,
d) 100 feet between wetted area and drainage ways or surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 100 feet between treatment/storage units and any wells, and
g) 25 feet between treatment units and property lines.*
* A variance has been granted from the adjoining property owners allowing a 25 foot buffer to the
property lines from treatment units and the wetted area.
IT. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities shall be properly maintained and operated at all times. Within fifteen (15) days of
permit issuance, the Permittee shall repair the hole in the wash bay rear wall. The Wilmington
Regional Office, telephone number 910-395-3900, shall be notified within twenty-four (24)
hours after the wash bay wall repair so that Division staff may conduct a follow-up inspection.
2. Upon classification of the wastewater treatment and irrigation facilities by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate and
employ a certified operator to be in responsible charge (ORC) and one or more certified operator(s) to
be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G .0201. The ORC shall visit
the facilities in accordance with 15A NCAC 8G .0204 or as specified in this permit and shall comply
with all other conditions specified in these rules.
A suitable year round cover of coastal Bermuda and small grain overseed shall be maintained. The
nutrient loading rates for the coastal Bermuda shall be limited to 275 pounds of plant available
nitrogen (PAN) per year and the small grain overseed shall be limited to 50 pounds of PAN per year.
4. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause runoff.
Adequate measures shall be taken to prevent wastewater runoff from the irrigation field.
6. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the
discharge of any wastewater resulting from the operation of this facility.
7. The application rate shall not exceed a cumulative loading of 12.9 inches over any twelve (12) month
period at an instantaneous application rate not to exceed 0.25 inches per hour.
No type of wastewater other than that from the Brown's of Carolina, LLC Duplin Truck Wash
Facility shall be irrigated onto the irrigation area.
No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
10. Public access to the land application sites shall be controlled during active site use. Such controls
may include the posting of signs showing the activities being conducted at each site.
11. Freeboard in the lagoon shall not be less than two feet at any time.
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12. If not already installed, a waste -level gauge, to monitor waste levels in the storage pond, shall be
installed within 60 days of issuance of this permit. This gauge shall have readily visible permanent
markings indicating the maximum liquid level at the top of the temporary liquid storage volume,
minimum liquid level at the bottom of the temporary liquid storage volume, and top of the dam
elevations. Caution must be taken not to damage the integrity of the liner when instaIIing the gauge.
13. A protective vegetative cover shall be established and maintained on all earthen basin embankments
(outside toe of embankment to maximum pumping elevation), berms, pipe runs, erosion control areas,
and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow
on the earthen basin dikes or embankments. Earthen basin embankment areas shall be kept mowed or
otherwise controlled and accessible.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) deemed
necessary by the Division to insure surface and ground water protection will be established and an
acceptable sampling reporting schedule shall be followed.
2. Influent flow shall be continuously monitored and daily average flow values shall be reported on
Form NDMR. Flow may be estimated from water use records provided water use is metered. Daily
average values shall be calculated by dividing monthly flow volume by the number of days in the
month.
3. The effluent from the subject facilities shall be monitored by the Pernuttee at the point prior to
irrigation every March, July, and November for the following parameters:
BOD5 TSS
Fecal Coiiform pH
NH3 as N NO2-NO3
TKN Total Phosphorous
4. A representative sample of the discharge from the tile drains shall be taken every March, July, and
November and sampled for the following parameters:
Fecal Coliform NH3 as N
NO2-NO3 TKN
S. A representative sample of the discharge from the tile drains shall be taken over four
consecutive work days following a drainage tile fecal coliform result that exceeds 200 cfu / 100
Mi.
6. 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,
e. continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field,
f. weather conditions, and
g. maintenance of cover crops_
7. Freeboard in the lagoon shall be recorded weekly.
Three (3) copies of all monitoring data (as specified in condition 1112, IIl 3,1114, and 1115) on Form
NDMR-1 and three (3) copies of all operation and disposal records (as specified in condition 1116,
and IIl 7) on Form NDAR-1 shall be submitted monthly on or before the last day of the following
month. All information shall be submitted to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
9. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted on each
irrigation field and the results maintained on file by the Permittee for a minimum of five years. The
Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following
parameters:
Acidity Manganese Potassium
Calcium Percent Hunuc Matter Sodium
Copper pH Zinc
Magnesium Exchangeable Sodium Percentage Phosphorus
Cation Exchange Capacity Base Saturation (by calculation)
10. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)
395-3900, 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 at the wastewater treatment facility which results in the treatment of significant
amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the
contents of a sludge digester; the known passage of a slug of hazardous substance through the
facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station or facility.
d. Any time that self -monitoring information indicates that the facility has gone out of compliance
with its permit limitations.
Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.
Persons reporting such occurrences by telephone shall also file a written report in letter form within
five (5) days following first knowledge of the occurrence. This report must outline the actions taken
or proposed to be taken to ensure that the problem does not recur.
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IV. GROUNDWATER REQUIREMENTS
1. Vertical Separation. Requirements:
a_ Waste application activities should not occur when the vertical separation between depth of
application and the water table is at less than one (1) feet. Verification of the water table
elevation can be confirmed by water level readings obtained from the monitor wells near the site
or auger borings(s), which must be done within 24 hours, prior to application of wastewater. Any
open borings must be properly filled with native soil, prior to application, to decrease the chance
of any waste contaminating the groundwater.
2. Liner Requirements:
a. The lagoon shall have either a liner of natural material at least one (1) foot in thickness and
having a hydraulic conductivity of no greater than I x 10-6 centimeters per second when
compacted, or a synthetic liner of sufficient thickness to exhibit structural integrity and an
effective hydraulic conductivity of no greater than that of the natural material liner, according to
15A NCAC 2H .0219(1).
3. Applicable Boundaries:
a. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A
NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the
disposal system constructed after December 30, 1983 is established at either 250 feet from the
waste disposal area, or 50 feet within 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 remediation action according to 15A MCAC 2L .0106(d)(2).
b. The REVIEW BOUNDARY is established around the disposal systems midway between the
Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards
at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106(d)(1).
4. Additional Requirements:
a. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
2. 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 trade, and
any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall
be maintained by the Pen-aittee for a period of three years from the date of the inspection and shall be
made available upon request to the Division or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the 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
This permit shall become voidable unless the facilities are constructed in accordance with the
conditions of this permit, the approved plans and specifications, and other supporting data.
This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
3. This permit is not 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 pen -nit request must be submitted to the Division
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 in accordance with North Carolina General Statute 143-
215.6A to 143-215.6C.
5. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances which may be imposed by other government agencies (local, state,
and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A
NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under
the Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A
NCAC 2B .0200 and 2H .0500.
6. A set of approved plans and specifications for the subject project must be retained by the Permittee
for the life of the project.
7. 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 15A NCAC 2H .0205 (c)(4).
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 29"' day of August, 2003
NORTH C OLINA IRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0013921
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