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HomeMy WebLinkAboutWQ0014565_Final Permit_20071026r�0F W A ���Q Or G r 4 October 26, 2007 Mr. Ralph T. Upton, Complex Manager Pilgrim's Pride Corporation PO Box 3668 Sanford. North Carolina 27330 Michael F. Easley, Govemoi William G. Ross Jr., Secretary North Carolina Depanmeni of Environment and Natural Resources Colcen H. Sullins, Director Division of hater Quality SCANNED DATE: Z 3 / I J Subject: Permit No. WQ0014565 Change of Ownership from Gold Kist. Inc. to Pilgrim's Pride Corporation Sanford Poultry Processing Facility Wastewater Surface Irrigation Lee County Dear Mr. Upton: In accordance with your request to change the holder of the subject permit from Gold Kist, Inc. to Pilgrim's Pride Corporation received September 12, 2007, we are forwarding herewith Permit No. WQ0014565, dated October 26, 2007, to Pilgrim's Pride Corporation for the continued operation of the subject wastewater treatment and surface irrigation facilities. 1"W This permit shall be effective from the date of issuance until July 31, 2010, shall void Permit No. WQ0014565 issued August 24, 2005, 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. 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 ISOB 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. If you need additional information concerning this matter, please contact David Goodrich at (919) 715-6162. Sincerely 5 far Coleen H. Sullins cc: Lee County Health Department Raleigh Regional Office, Aquifer Protection Section Technical Assistance and Certification Unit Aquifer Protection Section Central Files NDPU Files ne ooeorthCan Nauml Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221 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 Pilgrim's Pride Corporation Lee County FOR THE continued operation of a 400,000-gallon per day wastewater treatment and surface irrigation facilities for the disposal of treated domestic wastewater from sanitary sources in the processing plant as well as treated industrial wastewater from the wastewater treatment facilities serving the processing plant. The wastewater treatment and surface irrigation facilities shall consist of the following minimum components: a 10,000-gallon septic tank to receive domestic wastewater; a diversion structure; a 1.3-million gallon lined aerated treatment lagoon with two, 20-horspower mechanical surface aerators; a 10-pound per day gas chlorinator and 1,000-gallon chlorine contact chamber to disinfect the domestic wastewater; a lined holding pond into which both domestic wastewater effluent and industrial wastewater effluent (i.e., from the facilities permitted under NPDES Permit No. NC0072575) are conveyed and mixed; 130 acres of total area that includes 81.4 acres of wetted irrigation disposal area; and all associated pumps, piping, valves, and other appurtenances required to make a complete and operational system to serve the Pilgrim's Pride Corporation - Sanford Poultry Processing Facility, with no discharge of wastes to the surface waters, pursuant to the application received December 10, 2002, 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, 2010, shall void Permit No. WQ0014565 issued August 24, 2005, 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, 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 (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. 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. 5. The following buffers shall be maintained by the wastewater treatment and spray irrigation facilities: a) 400 feet between wetted areas and any residence or places of public assembly under separate ownership, b) 150 feet between wetted areas and property lines, c) 100 feet between wetted areas and wells, d) 100 feet between wetted areas 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. Some of the buffers specified above may not have been included in previous permits for the wastewater treatment and spray irrigation facilities. These buffers are not intended to prohibit or prevent modifications, which may be required by the Division, to improve performance of the existing facilities. These buffers do, however, apply to modifications of the wastewater treatment and spray irrigation facilities that are for the purpose of increasing the flow that is tributary to the facilities. These buffers also apply to any expansion or modification of the spray irrigation areas and apply in instances in which the sale of property would cause any of the buffers with which the facilities now comply to be violated. The Permittee shall be advised that any modifications to the existing facilities shall require a permit modification. II. OPERATION AND MAINTENANCE REQUIREMENTS The facilities shall be properly maintained and operated at all times. 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. 3. A suitable year round vegetative cover shall be maintained on all irrigation areas. 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 hydraulic application rate shall not exceed a cumulative loading of 69.5 inches over any twelve (12) month period at an instantaneous application rate not to exceed 0.3 inches per hour. 8. The application rate of Plant Available Nitrogen (PAN) shall not exceed a total of 425 lbs of PAN per acre, per year, or 375 lbs. of PAN per acre for reed canarygrass plus 50 lbs of PAN per acre for Annual Ryegrass. The Division recommends that applications of wastewater occur at the above rates during the growing season of each crop separately to prevent possible groundwater contamination. If future groundwater monitoring indicates groundwater standard exceedances, the Division may require applications of PAN to be limited to growing seasons. f 9. No type of wastewater other than that from Pilgrim's Pride Corporation's Sanford Poultry Processing Facility shall be irrigated onto the irrigation area. 10. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. 11. 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. 12. Freeboard in the aerated treatment lagoon and holding pond shall not be less than 18 inches at any time. 13. 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 installing the gauge. 14. 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. M. 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 wastewater flow to or effluent wastewater flow from the wastewater treatment and spray irrigation facilities shall be continuously monitored and recorded, and daily flow values shall be reported on Form NDMR-1. Flow measurement devices shall be calibrated at a minimum of once per year, and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Records of flow measurement device calibration shall be kept on file by the Permittee for a period of at least three years. At a minimum, data to be included in this documentation shall be: a. Date of flow measurement device calibration b. Name of person performing calibration c. Percent from true flow The effluent from the subject facilities shall be monitored by the Permittee at the effluent of the holding pond every March, July, and November for the following parameters: Ammonia -Nitrogen (NH3-N) Biochemical Oxygen Demand (BOD5) Calcium Fecal Coliform Magnesium Nitrate -Nitrite -Nitrogen (NO3-NO2-N) pH Plant Available Nitrogen (by calculation) Sodium Sodium Adsorption Ratio (by calculation) Total Organic Carbon (TOC) Total Suspended Solids (TSS) Total Kjeldahl Nitrogen (TKN) 4. 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. continuous weekly, monthly, and year-to-date PAN (lbs/acre) loadings for each field, g. weather conditions, and h. maintenance of cover crops. . Freeboard in the aerated lagoon and holding pond shall be recorded weekly. 6. 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 Humic Matter Sodium Copper pH Zinc Magnesium Exchangeable Sodium Percentage Phosphorus Cation Exchange Capacity Base Saturation (by calculation) 7. The exchangeable sodium percentage (ESP), using the results from the annual soils analysis as required in Condition 111.5., shall be monitored on the spray irrigation areas. The local Extension Office, the Department of Agriculture, the Natural Resource Conservation Service, or a North Carolina -licensed soil scientist shall review the results and make recommendations regarding soil amendments or other ameliorative mechanism for maintaining the integrity of the spray irrigation areas. 8. Three (3) copies of all monitoring data (as specified in Condition IH.2 and 111.3) on Form NDMR-1 and three (3) copies of all operation and disposal records (as specified in Condition lIIA, and 111.5) on Form NDAR-1 (hydraulic loadings) and IRR-2 (PAN loadings) shall be submitted monthly on or before the last day of the following month. Three copies of the results of all soil analyses (as specified in Condition HI.6) shall be submitted annually on or before March 1". All information shall be submitted to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 9. Noncompliance Notification: The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 791- 4200, 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. IV. GROUNDWATER REQUIREMENTS 1. If not already constructed, within ninety (90) days of permit issuance, one additional monitor well (MW-6) shall be installed to monitor groundwater quality. MW-6 shall be constructed such that the water level in the well is never above or below the screened (open) portion of the well at any time during the year. The general location and name for each well is marked on the Site Layout attached to this memorandum. Each new monitoring well shall be located at the Review boundary, constructed in accordance with this permit, and approved by the Raleigh Regional Office. 2. The well must be constructed by either a North Carolina Certified Well Contractor, the property owner, or the property lessee according to General Statutes 87-98.4(b)(2). If the construction is not performed by a certified well contractor, the property owner or lessee must physically perform the actual well construction activities, and the well(s) must be constructed according to the North Carolina Well Construction Standards (15A NCAC 2C .0108) and the local county rules. If not already abandoned, within sixty (60) days of permit issuance, the `eye wash' supply well shall be permanently abandoned. Within thirty (30) days of abandonment, a Well Abandonment Record (GW-30 form) shall be completed for both the `eye wash' supply well and the previously abandoned MW-5 and mailed to the address listed in the "Reporting / Documentation" section of the Groundwater Requirements. The wells must be abandoned by either a North Carolina Certified Well Contractor, the property owner, or the property lessee according to General Statutes 87-98.4(b)(2). If the abandonment is not performed by a certified well contractor, the property owner or lessee must physically perform the actual well abandonment activities and the well must be abandoned according to the North Carolina Well Construction Standards (15A NCAC 2C .0113) and local county rules. 4. The Raleigh Regional Office, telephone number (919) 791-4200, shall be notified at least forty-eight (48) hours prior to the construction of any monitoring well so that an inspection can be made of the monitoring well location. Such notification to the regional aquifer protection supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding state holidays. Within thirty (30) days of completion of all well construction activities, a certification must be received from a professional engineer or a licensed geologist certifying that the monitoring wells are located according to this permit. 6. Monitor well MW-6 shall be sampled initially after construction, and thereafter along with Monitor wells MW-1, MW-2, MW-3, and MW4 every March, July and November for the parameters listed below. Prior to sampling the parameters, the measurement of water levels must be taken. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measuring points (top of well casing) of all monitoring wells shall be surveyed relative to a common datum. Nitrate (NO3-N) Total Ammonia (NH3-N) Chloride Total Dissolved Solids (TDS) Fecal Coliform Total Organic Carbon (TOC) pH Water Level 7. For Total Organic Carbon (TOC), if concentrations greater than 10 mg/1 are detected in any down - gradient monitoring well, additional sampling and analysis must be conducted to identify the individual constituents comprising this TOC concentration. If the TOC concentration as measured in the background monitor well exceeds 10 mg/1, this concentration will, be taken to represent the naturally occurring TOC concentration. Any exceedances of this naturally occurring TOC concentration in the down -gradient wells shall be subject to the additional sampling and analysis as described above. Any laboratory selected to analyze parameters must be Division of Water Quality (DWQ) certified for those parameters required. 9. All reports and documentation (GW-1, GW-30, GW-59) shall be mailed to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Updated blank forms (GW-1, GW-30, GW-59) may be downloaded from the Aquifer Protection Section's website at http://mv.ehnr.state.nc.us/ or requested from the address mentioned above. 10. For the initial sampling of MW-6, the permittee shall submit a copy of the GW-1 Form (Well Construction Record) with the Compliance Monitoring Form (GW-59) for each well to the address listed above. Initial Compliance Monitoring Forms that do not include copies of the GW-1 form may be returned to the permittee without being processed. Failure to submit these forms as required by this permit may result in the initiation of enforcement activities pursuant to NC General Statutes 143- 215.6A. 11. The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form) by the Information Processing Unit (address listed in the "Reporting / Documentation" section of the Groundwater Requirements), on or before the last working day of the month following the sampling month. The data of all groundwater sampling analyses required by the permit conditions must be reported using the most recent GW-59 form along with attached copies of the laboratory analyses. 12. Within sixty (60) days of completion of MW-6, the permittee shall submit two original copies of a scaled site map (scale no greater than V=100'); however, special provisions may be granted upon prior approval for large properties. The map(s) must include the following information: (a) The location and identity of each monitoring well. (b) The location of major components of the waste disposal system. (c) The location of property boundaries within 500 feet of the disposal area(s). (d) The latitude and longitude of the established horizontal control monument. v (e) The elevation of the top of the well casing (which shall be known as the "measuring point") relative to a common datum. (f) The depth of water below the measuring point at the time the measuring point is established. (g) The location of Review and Compliance boundaries. (h) The date the map is prepared and/or revised. Control monuments shall be installed in such a manner and made of such materials that the monument will not be destroyed due to activities that may take place on the property. Maps and any supporting documentation shall be sent to the Information Processing Unit as addressed above. The permittee is responsible for the geographic accuracy of any map submitted, however produced. 13. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary for the disposal system individually permitted on or 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 NCAC 2L .0106(d)(2). 14. 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). 15. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS 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 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 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. 2. 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 permit 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 ar-4 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 NCGO10000, 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 26t' day of October, 2007 NORTH CA INA ENVIRONMENTAL MANAGEMENT COMMISSION for Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0014565