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HomeMy WebLinkAboutWQ0017321_Final Permit_20130725A� NCDEN R North Carolina Department of Environment and Natura Division of Water Quality Pat McCrory Governor Frank Persinger — EHS Coordinator Cargill, Incorporated 5000 South Boulevard Charlotte, NC 28217 Dear Mr. Persinger: Thomas A, Reeder Acting Director July 25, 2013 Resources John E. Skvarla, III Secretary Subject: Permit No. WQ0017321 Cargill Incorporated Distribution for Processing of Residual Solids (503 Exempt) System Mecklenburg County In accordance with your permit renewal and minor modification request received rune 6, 2013, and subsequent additional information received July 1, 2013, we are forwarding herewith Permit No. WQ0017231 dated March 1, 2014 to Cargill, Incorporated. Please note that this renewed permit shall become effective on March 1, 2014 (i.e. the day after the expiration date of the existing permit), which may differ from the issuance date of this letter. Modifications to the subject permit are as follows: Since the residuals are given to a permitted residuals processing facility for processing, the requirements for testing the residuals and monitoring their quality have been removed from the permit. If the Permittee wishes to directly distribute the residuals to individuals or organizations who would directly apply them, or to market them to non permitted facilities, the permit will have to be modified to require testing and monitoring of the residuals for a cumber of parameters and characteristics in accordance wtlh the regulations. This permit shall be effective from March 1, 2014 until February 28, 2019 and shall be subject to the conditions and limitations as specified therein. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall 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 at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. AQUIFER PROTECTION SECTION 1636 Dail Service Center, Raleigh, North Carolina 27699-1636 l.oeation:512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 91 "07.64641 FAX: 91 M07-6496 Internet: httoliportal,ncdenr.orafwebfwolaps An Equal Opportuni€y 1 Affirmative Action Employer NOrth.Carolina N"Y'rally Frank Persinger July 25, 2013 Page 2 of 2 If you need additional information concerning this matter, please contact David Goodrich at (919) 807-6352 or at david.goodrich@ncdenr.gov. Sincerely, l 22omas A. Reeder cc: Mecklenburg County Health Department Mooresville Regional Office, Aquifer Protection Section Mecklenburg County Land Use & Environmental Services Agency - Water Quality Program Beth Buffington, Aquifer Protection Section Permit File WQ0017321 LAU Files 14 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COIAMISSION DEPARTMENT OF ENVIltONMENT AND NATURAL RESOURCES RALEIGH 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 Cargill, Incorporated Mecklenburg County FOR THE continued operation of a wastewater residuals facility for the distribution of residuals to permitted residual processing facilities throughout the State of North Carolina, with no discharge of wastes to surface waters, pursuant to the application received March 13, 2007, the request for permit renewal received June 6, 2013, and other supporting data subsequently fled and approved by the Department of Environment and Natural Resources and considered a part of this permit. The use and disposal of residuals are regulated under Title 40 Code of Federal Regulations Part 257. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from March 1, 2014 until February 29, 2019 and shall be subject to the following specified conditions and limitations: I. SCHEDULES 1. No later than six months prior to the expiration of this permit, the Pen6ittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. IL PERFORMANCE STANDARDS 1. The subject residuals management program shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease operation, contact the Mooresville regional off-rce's Aquifer Protection Section supervisor, and take any immediate corrective actions. 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this residuals management prograrn. WQ0017321 Version 3,0 Shell Version 130607 Page I of 4 3. Only residuals generated by the facilities listed in Attachment A are approved for distribution in accordance with this permit. Only residuals that result from the production of vegetable oil by Cargill, Incorporated in Mecklenburg County may be distributed. The Permittee shall request and obtain a permit amendment from the Division for each additional residual source prior to acceptance of that residual. 4. Diversion or bypassing the untreated residuals or leachate from the residual treatment facilities is prohibited. III. OPERATION AND MAINTENANCE RE, OUIREMENTS The residuals management program shall be properly maintained and operated at all times. The program shall be effectively maintained and operated as a non -discharge system to prevent any contravention of surface water or groundwater standards. 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the facility, the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with I5A NCAC 08G .0201. The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204, and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and designation requirements, please contact the Division of Water Quality's Technical Assistance & Certification Unit at (919) 733-0026. Adequate provisions shall be taken to prevent wind erosion from conveying residuals from the surface disposal sites onto adjacent properties or into surface waters. 4. All residuals shall be adequately stored to prevent untreated leachate runoff. The finished product may be placed on a concrete pad, placed under shelter or physically covered until it is distributed to the buyer. If an alternate storage site is used, approval must be obtained from the Division. 5. Residuals may not be stored for a period of time that causes nuisance odors. If such conditions occur, the material must be disposed of at a subtitle-D landfill. 6. Residuals may only be distributed to composting facilities with active permits. s IV. MONITORING AND REPORTING REQUIREMENTS Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sample reporting schedule shall be followed. 2. Noncompliance Notification The Perrnittee shall report by telephone to the Mooresville Regional Office, telephone number (704) 663-1699, 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 distribution program resulting in the land application of significant amounts of wastes that are abnormal in quantity or characteristic. b. Any failure of the distribution program resulting in a release of material to surface waters. c. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. WQ00I7321 Version 3.0 Shell 'Version 130607 page 2 of V. d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of adequate residual treatment. e. Any spill or discharge from a vehicle or piping system during residuals transportation. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall 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 live days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the subject facilities. 2. The Permittee or his designee shall inspect the residuals storage, transport and application facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of inspection, and this log shall be made available to the Division upon request. 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the land application sites or facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit; and may collect groundwater, surface water or leachate samples. VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action bythe Division in accordance with North Carolina General statutes 143- 215.6A to 143-215.6C. 2. This permit shall become voidable if the residuals land application events are not carried out in accordance with the conditions of this permit. This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. 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 jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. WQ0017321 Version 3.0 Shell Version 130607 Page 3 of 4 In the event the residuals program changes ownership or the Pennittee changes their name, a formal permit modification request shall be submitted to the Division.. This request shall be made on official Division forms, and shall include appropriate documentation from the parties involved and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the residuals program permitted herein until a permit is issued to the new owner. 6. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. Unless the Division Director grants a variance, expansion of the permitted residuals program contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A NCAC 02T _0105(e)(3). Permit issued this the 25`h day of July, 2013, effective on March 1, 2014 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION i r Tl10 A. Reeder, Acting Director Divisio of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0017321 WQ0017321 Version 3.0 Shell. Version 130607 Page 4 of 4 ATTACHMENT A - Approved Residual Sources Cargill, Incorporated Residuals Source -Generating Facility Certification Date: 03/01/2014 Permit Number: WQ0017321 Version: 3.0 Owner Facility If County Permit Biological Maximum Tons DryYear Monitoring Frequency for Non- Monitoring Frequency for Metals Number Residuals er Year Ihazardous Determination and Nutrients Cargill, Inc. Cargill, Inc. Mecklenburg WQ0017321 Yes 575 NIA NIA Total 575 i . Maximum Dry ions per r ear is the amount of residuals approved for distribution to one or more permitted facilities. Page I of 1