HomeMy WebLinkAboutWQ0016376_Final Permit_20030703`O�OF W A
Michael F. Easley, Governor
7 William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
56DU Q
i7 `C Alan W. Klimek, P.E., Director
Division of Water Quality
July 3, 2003
Joseph P. Villari
S & J Villari Livestock
892 Penny Branch Rd
Warsaw NC 28398
Subject: Permit No. WQ0016376
S & J Villari Livestock Processing Facility
Wastewater Surface Irrigation
Duplin County
Dear Mr. Villari:
In accordance with your request for modification received September 30, 2002, and subsequent additional
information received December 2, 2002, December 16, 2002, January 22, 2003, May 1, 2003 and June 26, 2003 we are
forwarding herewith Permit No. WQ0016376, dated July 3, 2003, to S & J Villari Livestock for the modification construction
and continued operation of the subject wastewater treatment and surface irrigation facilities.
This permit shall be effective from the date of issuance until May 31, 2005, shall void Permit No. WQ0016376
issued June 27, 2000, 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.
Please note that the Permittee has indicated that approval for a 1.8 million gallon steel storage tank to increase
storage capacity will be requested with a request to renew Pump and Haul Permit Number WQ0022263 and will be requested
by the Permittee to be incorporated into this permit at the next modification request.
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 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.
One set of approved plans and specifications is being forwarded to you. If you need additional information
concerning this matter, please contact Sue Homewood at (919) 733-50Vextensio02.
.Alan W. Klimek, P.E.
cc: Duplin County Health Department
Wilmington Regional Office, Water Quality Section
Wilmington Regional Office, Groundwater Section
Groundwater Section, Central Office
Cavanaugh Associates, P.A.
Steven J. Levitas, Kilpatrick Stockton LLP
Technical Assistance and Certification Unit
Water Quality Central Files
NDPU Files
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http://h2o.enr.state.nc.us/ndpu
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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
S & J Villari Livestock
Duplin County
FOR THE
continued operation of a 45,000 GPD (based on operation 5.5 days per week, for a maximum total of 247,500
gallons per week) surface irrigation treatment facility consisting of a T-R Solids Separator, a curbed 20 feet by 24
feet solids collection area with leachate collection and daily solids rendering collection, a 10,000 gallon storage
tank, a 2,000 gallon pump tank with dual solids handling pumps, a 2,988,282 gallon synthetically lined anaerobic
lagoon, a 6,480 gallon chlorine contact chamber an irrigation pump station with dual pumps, and
modification of and construction of additional segments of a solid set irrigation system to consist of 80 sprinklers
(45 new) in 13 irrigation zones covering approximately 16 effectively irrigated acres
to serve S & J Villari Livestock Processing Facility, with no discharge of wastes to the surface waters, pursuant to
the application received September 30, 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 May 31, 2005, shall void Permit No.
WQ0016376 issued. June 27, 2000, and shall be subject to the following specified conditions and limitations:
L PERFORMANCE STANDARDS
Within 180 days of permit issuance, repairs to the lagoon liner shall be complete. A report detailing
all investigations conducted prior to repair, all results of the investigations, and all steps taken to
repair the lagoon liner shall be submitted to the Division of Water Quality, Wilmington Regional
Office within 15 days of completing the liner repairs. The Permittee shall not be required to comply
with the foregoing requirements of this condition if within 180 days of permit issuance, it has (a)
requested and obtained Division approval of a permit modification to remove the synthetic liner
based on a certification from a North Carolina Professional Engineer that a clay liner is in place that
meets all applicable regulatory requirements; and (b) removed the synthetic liner.
2. Pump and Haul Permit Number WQ0022263 issued to this facility may be renewed by the Division
only once more. While the Pump and Haul Permit WQ0022263 remains active the Permittee shall
not operate the facility more than four days per week or more than five days per week during the
months of September through December 2003 inclusive.
3. Upon expiration of the Pump and Haul Permit WQ0022263, the Permittee shall have either upgraded
the treatment and disposal system to sufficient capacity or shall operate the production facility within
the constraints of the treatment and disposal system.
4. The Division has concerns regarding the quality of the current Bermuda crop, the lateness at which it
was established, and its ability to withstand a winter overseed without jeopardizing the Bennuda for
future seasons. As a result, in September 2003 the Permittee shall have an agronomist, such as the
USDA District Agronomist or a Certified Professional Agronomist by the American Registry of
Certified Professionals in Agronomy, Crops and Soils (ARCPACS) evaluate all irrigation areas
to determine if overseeding the newly established Bermuda will in any way risk the stand of Bermuda
(with regards to its ability to uptake wastewater effluent) for the 2004 season. It is recommended that
the Permittee contact an agronomist as soon as possible to arrange for this evaluation to be conducted
in September so as not to find difficulties with scheduling the visit and in order to have time to
establish the small grain overseed if recommended by the agronomist. The Permittee shall submit a
written evaluation and recommendations signed and dated by the agronomist to the Division of Water
Quality, Wilmington Regional Office no later than October 5, 2003.
Upon completion of construction/modifications and prior to operation of the new and modified
portions of this permitted facility, a certification must be received from a professional engineer
certifying that the permitted facility has been installed in accordance with this permit, the approved
plans and specifications, and other supporting materials. If this project is to be completed in phases
and partially certifiedyou shall retain the responsibility to track further construction a roved under
the same permit and shall provide a final certificate of completion once the entire project has been
completed. Mail the Certification to the Non -Discharge Permitting Unit, Division of Water Quality,
1617 Mail Service Center, Raleigh, NC 27699-1617.
6. The Wilmington Regional Office, telephone number (910) 395-3900, shall be notified at least forty-
eight (48) hours in advance of operation of the installed facilities so that an in -place inspection can be
made. Such notification to the regional 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.
7. 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.
8. 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.
9. 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.
10. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
11. The following buffers shall be maintained at all times:
a) 400 feet between wetted area and any residence or places of public assembly under separate
ownership,
b) 150 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) 50 feet between treatment units and property lines.
Any future modifications to this system will be expected to meet buffers required by the Division at
the time of permitting of the modification.
11. OPERATION AND MAINTENANCE_ REQUIREMENTS
1. 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 ISA 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 cover crop of Coastal Bermuda and small grain overseed shall be properly
maintained.
4. Irrigation shall not be performed during inclement weather or when the ground is in a condition that
will cause runoff
5. 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. To ensure that the poor soils on site adequately assimilate the wastewater, the Operator in
Responsible Charge will carefully inspect the spray site every hour, paying particular attention to
areas under nozzles previously identified as A and B in Zones 2-5. Should saturated conditions exist,
or ponding occur, the irrigation event will be. stopped and further inspection on the rest of the spray
area will occur. Should the Operator in Responsible Charge determine that the other spray area can
adequately assimilate additional wastewater, the above mentioned nozzles will be closed and the
irrigation event may continue with proper supervision.
Within one week of permit issuance the Permittee shall submit a request for Temporary Certification
for employees under the direction of the current ORC and scheduled to attend the Spray Irrigation
Operator Certification Course and who intend to take the certification examination. If the request is
denied by the Division the Permittee shall take measures necessary to ensure compliance with this
Condition.
S. The application rate shall not exceed a cumulative Ioading of 45.33 inches over any twelve (12)
month period at an instantaneous application rate not to exceed 0.6 inches per hour.
9. The application of plant available nitrogen (by calculation) shall not exceed a cumulative loading of
300 pounds per acre per growing season of Coastal Bermuda grass (March - September) and a
cumulative loading of 50 pounds per acre per growing season of a winter cover crop (October -
March).
10. No type of wastewater other than that from S & J Villari Livestock Processing Facility shall be
irrigated onto the irrigation area.
11. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while
normal maintenance is being performed.
12. 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.
13. Freeboard in the lagoon shall not be less than two (2) feet at any time.
14. A waste -level gauge shall be maintained to monitor waste levels in the treatment and storage lagoon.
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.
15. 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 flow values shall be reported on Form
NDMR_
Within 60 days of permit issuance, the Permittee shall install an appropriate flow measurement device
consistent with approved engineering and scientific practices to ensure the accuracy and reliability of
influent flow measurement. Flow measurement devices selected shall be capable of measuring flows
with a maximum deviation of less than 10 percent from true flow, accurately 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
Plans and specifications for the flow measuring device shall be prepared by a licensed Professional
Engineer and submitted to the appropriate regional office 30 days prior to installation.
The effluent from the subject facilities shall be monitored by the Permittee after chlorination every
month for the following parameters:
BOD5 TSS
Fecal Coliform pH
NH3 as N NO2-NO3 as N
TKN Total Phosphorous
PAN By calculation
4. Surface monitoring of the adjacent Unnamed Tributary to Turkey Creek at the point where the
tributary first enters the property (to be referred to as Upstream. SW on monitoring reports) and at the
downstream point where the tributary leaves the property (to be referred to as Downstream SW on
monitoring reports) shall be conducted monthly for the following parameters:
NOa - as N TKN
NHS as N Fecal Coliforms
Total Phosphorous
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Monitoring and analysis shall be conducted in accordance with 15NCAC 213 .0505(e)(4) and analysis
must be conducted by a DWQ Certified Laboratory as per I5NCAC 211.0800.
5. 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 plant available nitrogen (PAN) (inches/acre)
loadings for each field,
g. weather conditions, and
h. maintenance of cover crops.
Freeboard in the lagoon shall be recorded at least weekly.
7. Three (3) copies of all monitoring data (as specified in condition 111 2, III 3 and I114) on Forma
NDMR-1 and three (3) copies of all operation and disposal records (as specified in condition 1115,
and I11 6) on Form NDAR-1 and IRR-1 (for plant available nitrogen loadings) 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
8. 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)
An annual report shall be submitted to the Division, on or before March I' of the following year,
outlining the operation and maintenance techniques used to prevent nuisance conditions. This report
shall be submitted to the Division of Water Quality, Wilmington Regional Office, 127 Cardinal Drive
Extension, Wilmington, NC 27889 and shall include, but not be limited to:
Operation and Maintenance Schedule(s)
Equipment repair and replacement
Odor Control measures
Complaints lodged by citizens
10. Noncompliance Notification:
Annual Soils Analysis
Lime Application Records, if applicable
Cover Crop Harvest Dates & Yields
Other Field Maintenance Activities
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)
395-3940, 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-
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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) 858-0369, 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. Monitor wells MW-1, MW-2, MW-3, and MW-4 shall be sampled every April, August, and
December for the parameters listed below. The measurement of water levels must be made prior to
sampling for the remaining parameters. 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.
Water Level pH
Total Ammonia Fecal Coliforms
Nitrate Nitrogen Total Organic Carbon (TOC)
Total Dissolved Solids (TDS) Chloride
Total Phosphorous Volatile Organic Compounds - In December only
2. If TOC concentrations greater than 10 mg/l are detected in any downgradient 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/l, this concentration will be taken to represent the naturally occurring TOC
concentration. Any exceedances of this naturally occurring TOC concentration in the downgradient
wells shall be subject to the additional sampling and analysis as described above.
3. For Volatile Organic Compounds sampled in December only use only one of the following methods:
(A) Standard Method 6230D, PQL at 0.5 ug/L, or less
(B) Standard Method 621OD, PQL at 0.5 ug/L or less
(C) EPA Method 8021, Low Concentration, PQL at 0.5 ug/L or less
(D) EPA Method 8260, Low Concentration, PQL at 0.5 ug/L or less
(E) Another method with prior approval by the Groundwater Section Chief
Any method used must at a minimum, include all the constituents listed in Table VIII of Standard
Method 6230D. Any method used must provide a PQL of 0.5 ug/L or less, which must be
supported by laboratory proficiency studies as required by the DWQ Laboratory Certification
Unit. Any constituents detected above the Method Detection Limit (MDL) but below the PQL of
ug/L or less must be qualified (estimated) and reported.
4. Any laboratory selected to analyze parameters must be Division certified for the parameters required.
5. All reports and documentation (OW-1, GW-30, GW-59) shall be mailed to the following address:
Groundwater Section
Permits and Compliance Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
6. The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality
Monitoring: Compliance Report Form) by the Groundwater Section, Permits and Compliance Unit,
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.
7. Waste application activities should not occur when the vertical separation between depth of
application and the water table is at less than three feet. Verification of the water table elevation can
be confirmed by water level readings obtained from the monitor well(s) near the site or auger
boring(s), which should 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.
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 31, 1953 is established at either (1) 250 feet from the waste
disposal area, or (2) 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 immediate remediation action in addition to the penalty provisions applicable under
General Statute 143-215.6A(a)(1).
In accordance with 15A NCAC 2L, a 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 rernediation action on the part of
the permittee.
9. 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
1. 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 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 211.0205 (c)(4).
8. 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 t 3`d day of July, 2003
NORTH OLINA EPIVIRONMENTAL MANAGEMENT COMMISSION
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0016376
Permit No. WQ0016376
July 3, 2003
ENGINEER'S CEItTWICATION
Partial Final
I, , as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full tinge) the construction of the project,
Project Name
Location and County
for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance and intent of
this permit, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
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