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HomeMy WebLinkAboutWQ0018525_Final Permit_20140516Pat McCrory Governor 4 .rte NCDENR North Carolina Department of Environment and Natural Resources May 16, 2014 Mr. Steven M. Barnes — President Barnes Environmental Waste and Hauling, Inc. Post Office Box 673 Newport, North Carolina 28532 Dear Mr. Barnes: John E. Skvada, III Secretary Subject: Permit No. WQ0018525 Barnes Environmental Waste & Hauling, Inc. Barnes Environmental Residuals Land Application Program Land Application of Class B Wastewater Treatment Plant Residuals (Non -Dedicated) Carteret County In accordance with your permit major modification and renewal request received March 12, 2014, and subsequent additional information received March 28, 2014, we are forwarding herewith Permit No. WQ0018525 dated May 16, 2014, to Barnes Environmental Waste and Hauling, Inc. for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on August 1, 2014 (i.e. the day after the expiration date of the existing permit), which differs from the date of this letter. Modifications to the subject permit are as follows: *An increase in the residuals source contribution of the Beacon's Reach WWTF from the current 2.0 DTY to 4.0 DTY. The following residuals source facilities have been removed from the permit: A Place at the Beach 3 WWTF, the Oriental Water Reuse Plant, the Beach Walk WWTP, the Bogue Shore Club WWTP, the Tar Landing WWTP, the USCG Fort Macon WWTP, and the Windward Dunes WWTF. These changes collectively modify the total applications from the approved sources from 146.0 dry tons per year to 60.0 dry tons per year. This permit shall be effective from August 1, 2014 until July 31, 2019, shall void Permit No. WQ0018525 issued October 15, 2009, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A and B, for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. 1636 Mail service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641 Internet: htto://Dortal.ncdenr.om/web/wa An Equal Opportunity 1 Affirmative Action Employer- Made in part with recycled paper Mr. Steve Barnes May 16, 2014 Page 2 of 3 Please note the following permit conditions are new or have been modified since the last permit issuance: ➢ Condition I.2. — signs must be maintained in the application fields ➢ Condition H. 1. — the program shall be effectively maintained and operated ➢ Condition 11. 11. — Realistic Yield Expectations will be used to calculate agronomic loadings ➢ Condition 11.12. — grazed pasture will have a lower nitrogen loading rate ➢ Condition 11. 14. — special applications for residuals with a high Sodium Adsorption Ratio ➢ Condition 11.15. — groundwater standards must be met at the compliance boundary ➢ Condition 11I.1. — notifications are required 48 hours prior to the initial application event ➢ Condition III.2. —the Regional Office is to be notified 24 hours before any application event D Condition III.3. — an Operation and Maintenance Plan must be maintained ➢ Condition IIIA. — an ORC and backup ORC must be retained for the facility ➢ Condition III.9. — residuals shall not enter neighboring properties or surface waters ➢ Condition 111. 10. — a suitable vegetative cover shall be maintained on application fields A Condition 11I.11. — lists conditions under which bulk applications are not allowed ➢ Condition III, 13. — describes signage requirements to control public access ➢ Condition IV.3. — Attachment A lists the pathogen & vector attraction reduction requirements ➢ Condition IVA. — lists the analytical parameters for annual soil sampling ➢ Condition IV.6. — lists the minimal requirements for tracking land application events ➢ Condition IV.7. — an annual report is to be submitted prior to March I" of the following year ➢ Condition VIA. — the permit does not exempt the Permittee from environmental laws Y Condition VI.5. — a change in ownership requires a permit modification 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. Mr. Steve Barnes May 16, 2014 Page 3 of 3 If you need additional information concerning this matter, please contact David Goodrich at (919) 807-6352 or by email at david.goodrich@ncdenr.gov. Sincerely, jTh`omas A. Reeder, Director Division of Water Resources, NCDENR cc: Carteret County Health Department Wilmington Regional Office, Water Quality Regional Operations Section Martin Mabe / Rob Wilcox, S&ME, Inc., 3718 Old Battleground Road, Greensboro, NC 27410 Beth Buffmgton, Public Water Supply Section — Protection and Enforcement Branch Permit File WQ0018525 Notebook File WQ0018525 I. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF CLASS B WASTEWATER TREATMENT PLANT RESIDUAL SOLIDS PERMIT (NON -DEDICATED) 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 Barnes Environmental Waste and Hauling, Inc. Carteret County FOR THE continued operation of a residuals management program for Barnes Environmental Waste and Hauling, Inc. and consisting of the land application of Class B Wastewater Treatment Plant residuals generated by the approved facilities listed in Attachment A to the approved sites listed in Attachment B with no discharge of wastes to surface waters, pursuant to the application received March 14, 2012, and subsequent additional information received by the Division of Water Resources, and in conformity with other supporting data subsequently filed 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 503. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from August 1, 2014 until July 31, 2019, shall void Permit No. WQ0018525 issued October 15, 2009, and shall be subject to the following specified conditions and limitations: No later than six months prior to the expiration of this permit, the Permittee 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. 2. The permittee shall be in full compliance with the signage requirements established in Condition III.13. within 180 days of the effective date of this permit. W00018525 Version 3.0 Shell Version 140324 Page I of 13 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 land applying residuals to the site, contact the Wilmington regional office 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 program. 3. Only residuals generated by the facilities listed in Attachment A are approved for land application in accordance with this permit. 4. Only the sites listed in Attachment B are approved for residuals land application. 5. Pollutant concentrations in residuals applied to land application sites listed in Attachment B shall not exceed the following Ceiling Concentrations (i.e., dry weight basis) or Cumulative Pollutant Loading Rates (CPLRs): Parameter Ceiling Concentration (milligrams per kilogram) CPLR (pounds per acre) Arsenic 75 36 Cadmium 85 34 Copper 4,300 1,338 Lead 840 267 Mercury 57 15 Molybdenum 75 n/a Nickel 420 374 Selenium 100 89 Zinc 7,500 2,498 The Permittee shall determine compliance with the CPLRs using one of the following methods: a. By calculating the existing cumulative level of pollutants using actual analytical data from all historical land application events of residuals, or b. For land where residuals application have not occurred or for which the required data is incomplete, by determining background concentrations through representative soil sampling. 6. Residuals that are land applied shall meet Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c). Exceptions to this requirement shall be specified in Attachment A. 7. Biological residuals (i.e. residuals generated during the treatment of domestic or animal processing wastewater, or the biological treatment of industrial wastewater, and as identified in Attachment A) that are land applied shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a). Exceptions to this requirement shall be specified in Attachment A. WQ0018525 Version 3.0 Shell Version 140324 Page 2 of 13 8. Setbacks for treatment and storage facilities shall be as follows: Setback Description Setback feet Habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 100 Property lines 50 Private or public water supply 100 Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands 50 Wells with exception to monitoring wells 100 9. Setbacks for Class B land application sites shall be as follows: WQ0018525 Version 3.0 Sbell Version 140324 Page 3 of 13 *This setback requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Water Quality Regional Operations Section of the appropriate Division's regional office in Attachment B of this permit. 10. Land application areas shall be clearly marked on each site prior to and during any residuals application event. W00018525 Version 3.0 Shell Version 140324 Page 4 of 13 Setback by application type (feet) Setback Description Vehicular Irrigation Surface Surface Infection / Application Application corporation Habitable residence or place of public assembly under separate ownership or not to be maintained as 400* 400* 200* art of the project site Habitable residence or places of public assembly owned by the Permittee, the owner of the land, or the lessee/operator of the land to be maintained as part 0 200 0 of the project site Property lines 50 50 50 Public right of way 50 50 50 Private or public water supply source, waters classified as SA or SB, or any Class I or Class II impounded reservoir used as a source of drinking 100 100 100 water Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands), any streams classified as WS or B, and any other stream, canal, 100 100 50 marsh or coastal waters or any other lake or impoundment Upslope surface water diversions or upslope interceptor drains 10 10 10 Downslope surface water diversions or downslope interceptor drains 25 25 25 Other surface water diversions (ephemeral streams, waterways, ditches 25 100 25 Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT 25 100 25 Subsurface groundwater lowering system 0 100 0 Wells with exception to monitoring wells 100 100 100 Bedrock outcrops 25 25 25 Top of slope of embankments or cuts of two feet or more in vertical height 15 15 15 Building foundations or basements 0 15 0 Water lines 0 10 0 Swimming pools 100 100 100 Nitrification fields 0 20 0 *This setback requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the Water Quality Regional Operations Section of the appropriate Division's regional office in Attachment B of this permit. 10. Land application areas shall be clearly marked on each site prior to and during any residuals application event. W00018525 Version 3.0 Shell Version 140324 Page 4 of 13 11. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science (http://nutrients.soil.ncsu.edu/yields/index.12 A copy shall be kept on file and reprinted every five years in accordance with Condition IV.6. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application rates reported in any of the following documents: i. Crop management plan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group - Guidance Document: Chapter 1 (hM2://www.ncapr.gov/SWC/tech/documents/9th Guidance Doc 100109.pdf). iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards (ftp://ftp-fc.sc.egov.usda.gov/NHQ/practice-standards/standards/590.pdfl. d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. 12. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by 25% in accordance with the USDA-NRCS 590 Nutrient Management Standards. 13. If land application sites are to be over -seeded or double -cropped (e.g., bermuda grass in the summer and rye grass in the winter with both crops to receive residuals), then the second crop can receive an application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ac/yr). This practice may be allowed as long as the second crop is to be harvested or grazed. If the second crop is to be planted for erosion control only and is to be tilled into the soil, then no additional PAN shall be applied. Prior to application of PAN to permitted sites at rates exceeding the agronomic rate, the Permittee must submit and receive approval by the Division. 14. Prior to land application of residuals containing a sodium adsorption ratio (SAR) of 10 or higher, the Permittee shall obtain and implement recommendations from at least one of the following: the local Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee shall maintain written records of these recommendations and details of their implementation. 15. The compliance boundary for residual land application sites shall be specified in accordance with 15A NCAC 02L .0107(b). These sites were individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the residual land application area, or 50 feet within the property boundary, whichever is closest to the residual land application area. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. Any approved relocation of the COMPLIANCE BOUNDARY will be noted in Attachment B. WQ0018525 Version 3.0 Shell Version 140324 Page 5 of 13 16. In accordance with I SA NCAC 02L .0 108, the review boundary shall be established midway between the compliance boundary and the residual land application area. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. M. OPERATION AND MAINTENANCE REQUIREMENTS The Wilmington Regional Office, telephone number (910) 796-7215, and the appropriate local government official (i.e., county manager, city manager, or health director) shall be notified at least 48 hours prior to the initial land application event to any new land application site. Notification to the regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. 2. The Wilmington Regional Office shall be notified via email or telephone, (910) 796-7215, at least 24 hours prior to conducting any land application activity. Such notification shall indicate, at a minimum, the anticipated application times, field IDs, and location of land application activities. If it becomes necessary to apply to additional fields due to unforeseen events, the Regional Office shall be notified prior to commencing the application to those fields. 3. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to 15A NCAC 02T .1110. Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan, at the minimum, shall include: a) Operational functions; b) Maintenance schedules; c) Safety measures; d) Spill response plan; e) Inspection plan including the following information: i. Names and/or titles of personnel responsible for conducting the inspections; ii. Frequency and location of inspections, including those to be conducted by the ORC, and procedures to assure that the selected location(s) and inspection frequency are representative of the residuals management program; iii. Detailed description of inspection procedures including record keeping and actions to be taken by the inspector in the event that noncompliance is observed pursuant to the noncompliance notification requirements under the monitoring and reporting section of the permit; f) Sampling and monitoring plan including the following information: i. Names and/or titles of personnel responsible for conducting the sampling and monitoring; ii. Detailed description of monitoring procedures including parameters to be monitored; iii. Sampling frequency and procedures to assure that representative samples are being collected. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to meet pathogen and vector attraction reduction requirements (e.g. facilities that land apply multiple times per year but have an annual sampling frequency, may need to sample during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). Any modification to the O&M Plan shall be approved by the Division. The most recent O&M Plan shall be submitted to the Wilmington Regional Office of the Water Quality Regional Operations Section for review and approval. W00018525 Version 3.0 Shell Version 140324 Page 6 of 13 4. 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 15A NCAC 08G .0201. The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition III.4.), 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 Resources' Technical Assistance & Certification Unit at (919) 733-0026. 5. This permit shall become voidable if the soils of the land application sites fail to assimilate the residuals or the application causes contravention of surface water or groundwater standards and may be revoked unless the land application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface water and groundwater. 6. When the Permittee land applies bulk residuals, a copy of this permit and a copy of O&M Plan shall be maintained at the land application sites during land application activities. 7. When the Permittee transports or land applies bulk residuals, the spill control provisions shall be maintained in all residuals transport and application vehicles. 8. Residuals shall not be stored at any land application site, unless written approval has been requested and received from the Division. 9. When the Permittee land applies bulk residuals, adequate measures shall be taken to prevent wind erosion and surface runoff from conveying residuals from the land application sites onto adjacent properties or into surface waters. 10. When the Permittee land applies bulk residuals, a suitable vegetative cover shall be maintained on land application sites onto which residuals are applied, or application shall be in accordance with the crop management plan outlined by the local Cooperative Extension Office, the Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or an agronomist and as approved by the Division. 11. Bulk residuals shall not be land applied under the following conditions: a. If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat; b. If the application causes prolonged nuisance conditions; c. If the land fails to assimilate the bulk residuals or the application causes the contravention of surface water or groundwater standards; d. If the land is flooded, frozen or snow-covered, or is otherwise in a condition such that runoff of the residuals would occur; e. Within the 100 -year flood elevation, unless the bulk residuals are injected or incorporated within a 24-hour period following a residuals land application event; f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; g. If the slope is greater than 10% for surface applied liquid residuals, or if the slope is greater than 18% for injected or incorporated bulk liquid residuals; h. If the soil pH is not maintained at 6.0 or greater, unless sufficient amounts of lime are applied to achieve a final soil pH of at least 6.0, or if an agronomist provides information indicating that the pH of the soil, residuals and lime mixture is suitable for the specified crop. Any approved variations to the acceptable soil pH (6.0) will be noted in this permit; WQ0018525 Version 3.0 Shell Version 140324 Page 7 of 13 i. If the land does not have an established vegetative cover unless the residuals are incorporated or injected within a 24-hour period following a residuals land application event. Any field that is in a USDA no -till program shall be exempted from meeting this vegetative cover requirement; j. If the vertical separation between the seasonal high water table and the depth of residuals application is less than one foot; k. If the vertical separation of bedrock and the depth of residuals application is less than one foot; 1. Application exceeds agronomic rates. 12. The following public access restrictions apply to residual land application sites: a. Public access to public contact sites (e.g., golf courses, parks, ball fields, etc.) shall be restricted for 365 days after a residuals land application event; b. Public access to non-public contact sites shall be restricted for 30 days after a residuals land application event. 13. Public access controls shall include the posting of signs with a minimum area of 3 square feet (e.g., 1.5' x 2'). Each sign shall indicate the activities conducted at each site, permit number, and name and contact information, including the Permittee or applicator's telephone number. Signs shall be posted in a clearly visible and conspicuous manner at the entrance to each land application site during a land application event, and for as long as the public access restrictions required under 111.13 apply. 14. The following harvesting and grazing restrictions apply to residual land application sites after each land application event: Harvesting and Grazing Description Restricted Duration Animals shall not be allowed to graze during land application activities and restricted period. Sites that are to be used for grazing shall have fencing to 30 days prevent access after each land application event. Food crops, feed crops and fiber crops shall not be harvested for: 30 days Turf grown on land where residuals have been applied shall not be harvested for: 12 months Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (e.g., tobacco, melons, cucumbers, squash, etc.) 14 months shall not be harvested for: When the residuals remain on the land surface for four months or longer prior to incorporation into the soil, food crops with harvested parts below the land 20 months surface (e.g., root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for: When the residuals remain on the land surface for less than four months prior to incorporation into the soil, food crops with harvested parts below the land 38 months surface shall not be harvested for: 15. The Permittee shall acquire from each landowner or lessee/operator a statement detailing the volume of other nutrient sources (i.e., manufactured fertilizers, manures, or other animal waste products) that have been applied to the site, and a copy of the most recent Nutrient Management Plan (NMP) for those operations where a NMP is required by the US Department of Agriculture — National Resources Conservation Service (MRCS) or other State Agencies. The Permittee shall calculate allowable nutrient loading rates based on the provided information and use appropriate reductions. WQ0018525 Version 3.0 Shell Version 140324 Page 8 of 13 Iv. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan (WUP) or Certified Nutrient Management Plan (CLAMP) shall also be considered a Nutrient Management Plan. 16. No residuals shall be land applied unless the submitted Land Owner Agreement Attachment (LOAA) between the Permittee and landowners or lessees/operators of the land application site is in full force and effect. These agreements shall be considered expired concurrent with the permit expiration date, and shall be renewed during the permit renewal process. 1. 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. An analysis shall be conducted on residuals from each source generating facility at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. The analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia -Nitrogen Molybdenum Selenium Arsenic Nickel . Sodium Cadmium Nitrate -Nitrite Nitrogen Sodium Adsorption Ratio (SAR) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) 3. Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A, and at the time indicated in the sampling and monitoring sections of the approved O&M plan. The required data shall be specific to the stabilization process utilized, and sufficient to demonstrate compliance with the Class B pathogen reduction requirements in I SA NCAC 02T .1106 (a) and (c) and one vector attraction reduction requirement in 15A NCAC 02T .1107 (a) shall be met. Any exceptions from the requirements in this condition shall be specified in Attachment A. 4. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each land application site listed in Attachment B on which a residuals land application event will occur in the respective calendar year. This analysis shall be in accordance with the "Guidance on Soil Sampling" located in the Sampling Instructions section of the NC Department of Agriculture & Consumer Services' website (http://www.ncagr.gov/agronomi/pubs.htm). The Permittee shall maintain these results and a description of the sampling methodologies used to determine soil fertility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, the Standard Soil Fertility Analysis shall include the following parameters: WQ0018525 Version 3.0 Shell Version 140324 Page 9 of 13 Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH 5. Laboratory parameter analyses shall be performed on the residuals as they are land applied, and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505. 6. The Permittee shall maintain records tracking all residual land application events. At a minimum, these records shall include the following: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number as listed in Attachment B); d. Approximate areas applied to (acres); e. Method of land application; f Weather conditions (e.g., sunny, cloudy, raining, etc.); g. Predominant Soil Mapping Unit (e.g., CbB2); h. Soil conditions (e.g., dry, wet, frozen, etc.); i. Type of crop or crops to be grown on field; j. Nitrogen Application Rate based on RYES (if using data obtained from the North Carolina State University Department of Soil Science Website, the printout page -shall be kept on file and reprinted every five years); k. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, or wet ton per acre; 1. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or wet tons per acre; in. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre, or wet tons per acre; and n. Annual and cumulative totals in dry tons per acre of residuals as well as animal waste and other sources of nutrients (e.g., if applicable), annual and cumulative pounds per acre of each heavy metal (e.g., shall include, but shall not be limited to, arsenic, cadmium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN, and annual pounds per acre of phosphorus applied to each field. 7. Three copies of an annual report shall be submitted on or before March ln. The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms. Instructions for reporting and annual report forms are available at http://portal.ncdenr.org/web/wq/aps/lau/reporting, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 W00018525 Version 3.0 Shell Version 140324 Page 10 of 13 UT 8. Noncompliance Notification The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)796-7215, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or fust knowledge of the occurrence of any of the following: a. Any occurrence with the land application program resulting in the land application of significant amounts of wastes that are abnormal in quantity or characteristic. b. Any failure of the land application 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. 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 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. 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the subject facilities and shall be in accordance with the approved O&M Plan. 2. Prior to each bulk residuals land application event, 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. WQ0018525 Version 3.0 Shell Version 140324 Page 1 I of 13 VI. GENERAL CONDMONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the 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. 3. This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. 4. 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 NCGO10000; 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. 5. In the event the residuals program changes ownership or the Permittee 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. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. 7. The Permittee shall maintain this permit until all permitted facilities herein are properly closed or permitted under another permit issued by the appropriate permitting authority pursuant to 15A NCAC 02T.01050). 8. 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). 10. 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). WO0018525 Version 3.0 Shell Version 140324 Page 12 of 13 11. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations, or monitoring requirements the Division deems necessary in order to protect the environment and public adequately. Permit issued this the 16th day of May 2014, effective August 1, 2014. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION a t� Le Tho A. 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