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HomeMy WebLinkAboutWQ0018347_Final Permit_20051014�WArF Michael F. Easley, Governor �0 G William G. Ross Jr., Secretary r North Carolina Department of Environment and Natural Resources y O 'C Alan W. Klimek, P.E. Director Division of Water Quality October 14, 2005 MR. JEFFREY J. HOWARD, PROJECT MANAGER NOVOZYMES BIOLOGICALS, INC. c/o REGISTRA'T'ION BY DESIGN, INC. 1181/2 E. MAIN ST, SUITE 1 SALEM VA 24153 Subject: Permit No. WQ0018347 Novozymes Biologicals, Inc. dry roots (3-3-3), endo roots (3-3-4), M -roots (3-3-3), and I -step (2-2-2) Distribution Program Distribution of Animal Residual Solids Roanoke County, Virginia Dear Mr. Howard: In accordance with your change of ownership request received on March 5, 2005 and a permit renewal application package received on August 29, 2005 as well as additional information received October 4, 2005 and October 6, 2005; we are forwarding herewith Permit—No. WQ0018347, dated October 14, 2005, to Novozymes Biologicals, Inc. for the subject animal residuals distribution program. This permit shall be effective from the date of issuance until September 30, 2010; shall void Permit No. WQ0018347, issued to Roots, Inc. on October 18, 2000;shall be subject to the conditions and limitations as specified therein. Make note of this permit's expiration date and the fact that a permit renewal application is due to the Division of Water Quality (Division) no later than six months prior to that date (i.e., see Condition V. 7.), as the Division does not send reminders to apply for permit renewal. Be aware that payment of the annual administering and compliance fee, as stipulated in Condition V. 4. will not automatically renew this permit. This permit approves the continued operation of program for another five-year cycle for the distribution of a composted fertilizer/soil amendment product, containing poultry animal residuals, that meets exceptional quality standards and is marketed under the names dry roots (3-3-3), endo roots (3-3- 4), M -roots (3-3-3), and 1 -step (2-2-2) throughout the State of North Carolina (i.e., in bulk and in bags). Note that this permit does not concurrently provide a license to distribute a fertilizer, as is required by the Fertilizer Section of the NC Department of Agriculture and Consumer Services' Plant Industry Division. More information about applying for this license may be found at the following web site: htt-o://www.agAg.codert/ferlics.htm, Please take the time to review this permit thoroughly. Pay particular attention to the monitoring requirements in this permit. Be aware that failure to establish an adequate system for collecting, maintaining, and submitting the required operational information will result in future compliance problems. No�thCaxol�'tta A 1 1111 m Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 I-877-623-6748 Fax {919}715-604$ An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Mr. Jeffrey J. Howard October 14, 2005 Page 2 If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the from 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, North Carolina 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need any additional information concerning this matter, please contact Mr. J R Joshi by telephone at (919) 715-6698, or via e-mail at jaya.joshi@ncmail.net. Sincerely, Alan W. Klimek, P.E. cc; VA Dept. of Environmental Quality NC Department of Agriculture and Consumer Services -Plant Industry Division (Fertilizer Section) Asheville Regional Office -Aquifer Protection Section Fayetteville Regional Office -Aquifer Protection Section Mooresville Regional Office -Aquifer Protection Section Raleigh Regional Office -Aquifer Protection Section Washington Regional Office -Aquifer Protection Section Wilmington Regional Office -Aquifer Protection Section Winston-Salem Regional Office -Aquifer Protection Section APS Central Files APS Piles LAU Residuals Program Coordinator NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF ANIMAL RESIDUAL SOLIDS 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 Novozymes Biologicals, Inc. Roanoke County, Virginia FOR THE Continued operation of a program for the distribution of up to 300 dry tons per year of a composted fertilizer/soil amendment product, containing poultry animal residuals, that meets exceptional quality standards and is marketed under the name dry roots (3-3-3), endo roots (3-3-4), M -roots (3-3-3), and 1 - step (2-2-2) throughout the State of North Carolina (i.e., in bulk and in bags). The program shall be operated such that no discharge of waste to surface waters occurs, pursuant to your change of ownership request received on March 5, 2005 and a permit renewal application package received on August 29, 2005 as well as additional information received October 4, 2005 and October 6, 2005; 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 September 30, 2010 and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. The distribution program shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastes to waters of the state resulting from the operation of this program. 2. This permit shall become voidable in the event of failure of the distribution program to adequately protect the assigned water quality standards of the surface waters and groundwater. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface water or groundwater resulting from the operation of this distribution program. H. 4. In the event that the distribution 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). When product containing animal residuals is sold or given away for application to the land under the conditions of this permit, one of the Class A pathogen requirements in 40 CFR Part 503.32(a) shall be met. Additionally, an evaluation shall be performed which demonstrates the product's ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. 6. No product containing animal residuals that tests or is classified as a hazardous or toxic waste under 40 CFR Part 261 shall be sold or given away for application to the land under the conditions of this permit. OPERATION AND MAINTENANCE REQUIREMENTS The distribution program shall be properly operated and maintained at all times. 2. No product containing animal residuals other than that generated by the following facility shall be approved for distribution in accordance with this permit: Permit Volume Facility County Number __(Da. ow ear Novozymes Biologicals, Inc. Roanoke (VA) N/Aa 700.0 (d/b/a dry roots (3-3-3), endo roots (3-3-4), M -roots (3-3-3), and 1 -step (2-2-2) in NC) 'The composting operations are at Daylay Egg Farms, Inc. 11177 Road 133, West Mansfield, OH 43358. However, the final formulations are made at the Novozymes facilities at Salem, VA. No other product containing animal residuals other than that from the facility specified in Condition II. 2. shall be distributed under the conditions of this permit. The Permittee shall request and obtain a permit amendment from the Division for each additional facility prior to allowing distribution through this program. 4. For a product containing animal residuals to be sold or given away in bags or other container for application to the land under the conditions of this permit, the following shall be satisfied: The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average Concentrations (Dry Weight Basis) shall be maintained: Ceiling Monthly Average Concentrations Concentrations Parameters (mg/kg) (mg/kg) Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 2 When distributed under the conditions of this permit, a label shall be affixed to the bag or other container in which the product containing animal residuals is sold or given away for application to the land, or an information sheet shall be provided to the person who receives the product containing animal residuals sold or given away in another container for application to the land. The label or information sheet shall contain the following minimum information: a. The name and address of the person who prepared the product containing animal residuals that is sold or given away in a bag or other container for application to the land. b. A statement that application of the product containing animal residuals to the land is prohibited except in accordance with the instructions on the label or information sheet. c. A statement that adequate procedures shall be provided to prevent surface runoff' from carrying any disposed or stored product containing animal residuals into any surface waters. c. A statement to help prevent direct application of the product containing animal residuals to water supply sources and all other waters of the state. For example, "as with any fertilizer product, do not apply in or near any water supply source or any body of water, including wells, streams, rivers, and lakes." d. A statement that application of he product containing animal residuals shall not be applied to any land that is flooded, frozen, or snow-covered. III. MONITORING AND REPORTING REQUIREMENTS 1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established and an acceptable sampling and reporting schedule shall be followed. 2. Proper records shall be maintained by the Permittee to track all distribution activities within the State of North Carolina. These records shall include, but are not necessarily limited to, the following information: a. Source, amount (i.e., volume), and analysis of each product containing animal residuals. b. Name of the initial recipient of the product containing animal residuals, the amount (i.e., volume) distributed, and the intended use. 3. An analysis shall be conducted by the Permittee on the product containing animal residuals at least quarterly from the date of permit issuance. The results of all analyses shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include the following parameters: Aluminum Ammonia -Nitrogen Arsenic Cadmium Calcium Copper Lead Magnesium Mercury Molybdenum Nickel Nitrate -Nitrite Nitrogen Percent Total Solids PH 3 Phosphorus Potassium Selenium Sodium Total Kjcldahl Nitrogen Zinc Plant Available Nitrogen (by calculation) After the product containing animal residuals has been monitored for two years at the above - listed frequency, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of this monitoring requirement. In no case, however, shall the frequency of this monitoring be less than once per year when the product containing animal residuals is sold or given away for application to the land during that year. 4. The product containing animal residuals shall be monitored by the Permittee at quarterly for compliance with Condition 1. 5. of this permit. The monitoring frequency cycle shall start on the date of permit issuance, and the results of all analyses shall be maintained on file by the Permittee for a minimum of five years. Data to verify stabilization of the product shall be maintained by the Permittee_ The required data shall be specific to the stabilization process utilized, but should be sufficient to demonstrate compliance with the Class A pathogen requirements in 40 CFR Part 503.32(a) clearly. In addition, the EPA certification statement concerning compliance with pathogen requirements shall be completed at the above frequency by the proper authority or authorities if more than one is involved, either the person who generates the product containing animal residuals or the person who prepares the product to be sold or given away for application to the land. Laboratory analyses and/or operational data, as required by Condition III. 3., and Condition III. 4. shall be performed/gathered on the product containing animal residuals as it is to be distributed. Furthermore, analytical determinations made pursuant to the monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 2H .0800 or 15A NCAC 2H. 1100. 6. Three copies of all required monitoring and reporting requirements as specified in Condition III. 1., Condition 111. 2., Condition III. 3., Condition III. 4., and Condition III. 5. shall be submitted annually on or before March I" of the year following the distribution event to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Noncompliance Notification: The Permittee shall report by telephone to the Aquifer Protection Section of the appropriate Division regional office (i.e., see Attachment A) 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 that results in the distribution 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. c. Any time that self-monitoring information indicates that the distribution program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the facility was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate treatment. 4 e. Any spillage or discharge from a vehicle or piping system during transportation of residuals or product containing animal residuals. Persons reporting such occurrences by telephone shall also file a written report in letterform within five 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. IV. INSPECTIONS 1. The Permittee or his designee shall inspect the storage, transport, and treatment facilities related to the distribution program 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 Permittee 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. 2. 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 distribution program 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 leachate. V. GENERAL CONDITIONS 1. This permit shall become voidable unless the distribution program is operated in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of product containing animal residuals described in the application and other supporting data. 3. 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 Statutes § 143-215.6A through § 143-215.6C. 4. The annual administering and compliance fee shall be paid by the Permittee within 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). 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) which have jurisdiction, including, but not Iimited to, applicable river buffer rules in 15A NCAC 2B .0200, soil 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 15A NCAC .0500. 6. This pen -nit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. 7. The Permittee, at least six months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Division shall review the adequacy of the distribution program described therein, and if warranted, shall extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. This permit shall not be automatically transferable. In the event that there is a desire for the distribution program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Permit issued this the fourteenth day of October, 2005. NORTH CAROLINA ENVMDNMENTAL MANAGEMENT COMMISSION Lor Awn W. Klimek, P,E., Director - Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ001.8347 A Attachment A DIVISION OF WATER QUALITY REGIONAL OFFICES Asheville Regional Office Fayetteville Regional Office Mooresville Regional Office APS Supervisor APS Supervisor APS Supervisor 2090 U.S. Highway 70 Wachovia Building, Suite 714 610 E. Center Ave./ Suite 301 Swannanoa, NC 28778 Fayetteville, NC 28301 Mooresville, NC 28115 Phone: (828) 296-4500 Phone: (910) 486-1541 Phone: (704) 663-1699 Fax: (828) 299.7043 Fax: (910) 486-0707 Fax: (704) 663-6040 Avery Buncombe Burke Caldwell Cherokee Clay Graham Haywood Henderson Jackson Macon Madison McDowell Mitchell Polk Rutherford Swain Transylvania Yancey Raleigh Regional Office APS Supervisor 3800 Barrett Drive Raleigh, NC 27609 Phone: (919) 791-4200 Fax: (919)571-4718 Anson Moore Bladen Robeson Cumberland Richmond Harnett Sampson Hoke Scotland Montgomery Orange Washington Regional Office APS Supervisor 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 Fax: (252) 946-9215 Alexander Lincoln Cabarrus Mecklenburg Catawba Rowan Cleveland Stanly Gaston Union Tredell Orange Wilmington Regional Office APS Supervisor 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910) 796-7215 Fax: (910) 350-2004 Chatham Nash Beaufort Jones Brunswick New Hanover Durham Northampton Bertie Lenoir Carteret Onslow Edgecombe Orange Camden Martin Columbus Pender Franklin Person Chowan Pamlico Duplin Granville Vance Craven Pasquotank Halifax Wake Currituck Perquirnans Johnston Warren Dare Pitt Lee Wilson Gates Tyrell Greene Washington Hertford Wayne Hyde Winston-Salem Regional Office APS Supervisor 585 Waughtown Street Winston-Salem, NC 27107 Phone: (336) 771-4600 Fax: (336) 771-4630 Alamance Rockingham Alleghany Randolph Ashe Stokes Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford 7