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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 X 2 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. 2 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. 4 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 Us Cb� . 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