HomeMy WebLinkAboutWQ0015533_Final Permit_19980803State of Noah Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
August 3, 1998
Mr. Gerald W. Smith, Owner
Borderline LLC
Route 1, Box 33
Baker, West Virginia 26801
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ0015533
Borderline LLC
Distribution of Poultry Waste Products
of Exceptional Quality
Baker, West Virginia
Dear Mr. Smith:
In accordance with your application received on June 29, 1998, we are forwarding herewith Permit No.
WQ0015533, dated August 3, 1998, to Borderline LLC for the distribution and marketing of a fertilizer containing
poultry waste products which meet exceptional quality standards.
This permit shall be effective from the date of issuance until July 31, 2003, and shall be subject to the
conditions and limitations as specified therein. Please pay particular attention to the monitoring and reporting
requirements contained 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 150B of North Carolina General Statutes,
and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such
demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please con Ms. Joni Cardin at (919) 733-
5083 extension 509.
Sincerely,
L
,MCA. Preston Howard, Jr., P.E.
cc: NCDWQ Regional Offices, Water Quality Section
Susan Baker, Fertilizer Section
Non -Discharge Compliance/Enforcement Unit
PO Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 Fax (919) 733-0719
An Equal Opportunity Affirmative Action Employer 50% recyeled110% post -consumer paper
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
PERMIT FOR THE DISTRIBUTION OF RESIDUALS OF EXCEPTIONAL QUALITY
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
Borderline LLC
Wake County
FOR THE
distribution and marketing of a fertilizer containing poultry waste products with ground cardboard and paper
products, wood chips, and sawdust, which meet exceptional quality standards, throughout the State of North
Carolina, with no discharge of wastes to the surface waters, pursuant to the application received on June 29, 1998,
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, 2003, and shall be subject to the
following specified conditions and limitations:
I. PERFORMANCE STANDARDS
The program for the distribution and marketing of a fertilizer containing poultry waste products
which meet exceptional quality standards shall be effectively maintained and operated as a non -
discharge system to prevent the discharge of any wastes resulting from the operation of this program.
2. This permit shall become voidable in the event of failure of the distribution and marketingprogram to
adequately protect the assigned water quality standards of the surface waters and groundwaters.
3. 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 program.
4. In the event that the distribution and marketing program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall take any immediate corrective actions as may be
required by the Division of Water Quality (Division).
5. When wastewater residuals are sold or given away, one of the Class A pathogen requirements in 40
CFR Part 503.32(a) must be met. Additionally, an evaluation must be performed which demonstrates
the residuals ability to comply with this requirement. Upon request, a copy of this evaluation must be
submitted including all test results and calculations.
II. OPERATION AND MAINTENANCE REQUIREMENTS
For a waste product of exceptional quality to be sold or given away in bags or other container for
application to the land, the following must be satisfied:
The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average
Concentrations (Dry Weight Basis) must be maintained:
Ceiling Monthly Average
Concentrations Concentrations
Parameters mg/kg mg/kg
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Nickel
420
420
Zinc
7,500
2,800
2. A label shall be affixed to the bag or other container in which residuals that are sold or given away for
application to the land, or an information sheet shall be provided to the person who receives the
residuals sold or given away in an other container for application to the land. The label or
information sheet shall contain the following information:
a. The name and address of the person who prepared the residual that is sold or given away in a bag
or other container for application to the Iand.
b. A statement that application of the residual to the land is prohibited except in accordance with the
instructions on the label or information sheet.
c. A statement that the residuals shall not be applied to any site that is flooded, frozen or snow-
covered.
d A statement that adequate procedures shall be provided to prevent surface runoff from carrying
any disposed or stored residuals into any surface waters.
e. A statement which identifies that this material shall be prevented from entering any public or
private water supply source (including wells) and any stream, lake, or river.
III. MONITORING AND REPORTING REQUIREMENTS
Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue analyses)
deemed necessary by the Division to insure protection of the environment will be established and an
acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee tracking all residual activities. These records
shall include, but are not necessarily limited to the following information:
a. source, volume and analysis of the poultry waste product
b. name of residuals' recipient, volume received, and intended use
3. A residual analysis shall be conducted annually from the date of permit issuance by the Permittec.
The results of all analysis shall be maintained on file by the Permittee for a minimum of five years.
The residuals analysis shall include the following parameters:
Cadmium
Copper
Lead
Aluminum
Ammonia -Nitrogen
Calcium
Magnesium
Nitrate -Nitrite Nitrogen
% Total Solids
Nickel
Zinc
PH
Phosphorus
Plant Available Nitrogen (by calculation)
Potassium
Sodium
TKN
4. Three copies of all required monitoring and reporting requirements as specified in conditions III 2 and
III 3 shall be submitted annually on or before March 1 of the following year to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
5. Noncompliance Notification:
The Permittee shall report by telephone to the appropriate DWQ Regional Office (as outlined in
attachment 1) 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 residual distribution program which results in the application of
significant amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the distribution program resulting in a release of material to receiving waters.
Any time that self -monitoring information indicates that the facility has gone out of compliance
with the conditions and limitations of this permit or the parameters on which the system was
designed.
d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system during transportation of residuals.
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.
1V. INSPECTIONS
1. The Permittee or his designee shall inspect the residuals storage, transport, and treatment 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
maintain 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 Pennittee for a period of five years from the date of the
inspection and shall be made available to the Division or other permitting authority, upon request.
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 treatment 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 kept under the terms and conditions of this permit; and may
obtain samples of groundwater, surface water, or Ieachate.
V. GENERAL CONDITIONS
1. This permit shall become voidable unless the distribution activities are carried out in accordance with
the conditions of this permit, the supporting materials, and in the manner approved by this Division.
2. This permit is effective only with respect to the nature and volume of residuals described in the
application and other supporting data.
This permit is not automatically transferable. In the event that there is a desire for the facilities to
change ownership or 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 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.
S. 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 15 NCAC 2H .0205 (c)(4).
6. The issuance of this permit does not preclude 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.
7. 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.
This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and
monitoring requirements the Division deems necessary in order to adequately protect the environment
and public health.
Permit issued this the third day of August, 1998.
NORTH C OLIN E 7TAL MANAGEMENT COMMISSION
�A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0015533
ATTACHMENT 1
DIVISION OF WATER QUALITY REGIONAL OFFICES
Asheville Regional WQ Supervisor
59 Woodfn Place
Asheville, NC 28801
(704)251-6208
Fax (704) 251-6452
Avery
Macon
Buncombe
Madison
Burke
McDowell
Caldwell
Mitchell
Cherokee
Polk
Clay
Rutherford
Graham
Swain
Haywood
Transylvania
Henderson
Yancy
Jackson
Fayetteville Regional WQ Supervisor
Wachovia Building, Suite 714
Fayetteville, NC 28301
(910) 486-1541
Fax (910) 486-0707
Anson
Moore
Bladen
Robeson
Cumberland
Richmond
Harnett
Sampson
Hoke
Scotland
Montgomery
Washington Regional WQ Supervisor
943 Washington Square Mall
Washington, NC 27889
(919) 946-6481
Fax (919) 975-3716
Beaufort Jones
Bertie
Lenoir
Camden
Martin
Chowan
Pamlico
Craven
Pasquotank
Currituck
Perquimans
Dare
Pitt
Gates
Tyrell
Greene
Washington
Hertford
Wayne
Hyde
Mooresville Regional WQ Supervisor
919 North Main Street
Mooresville, NC 28115
(704) 663-1699
Fax (704) 663-6040
Alexander
Lincoln
Cabarrus
Mecklenburg
Catawba
Rowan
Cleveland
Stanly
Gaston
Union
Iredell
Winston-Salem Regional WQ Supervisor
585 Waughtown Street
Winston-Salem, NC 27107
(910)771-4600
Fax (910) 771-4631
Alamance Rockingham
Alleghany Randolph
Ashe
Stokes
Caswell
Surry
Davidson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford
Raleigh Regional WQ Supervisor
Post Office Box 27687
Raleigh, NC 27611
(919)571-4700
Fax (919) 571-4718
Chatham
Nash
Durham
Northampton
Edgecombe
Orange
Franklin
Person
Granville
Vance
Halifax
Wake
Johnston
Warren
Lee
Wilson
Wilmington Regional WQ Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
(910) 395-3900
Fax (910) 350-2004
Brunswick New Hanover
Carteret Onslow
Columbus Pender
Duplin