WQ0019567_Final Permit_20010622

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Kerr T. Stevens, P.E., Director
MICHAEL F. PLYLER,
P & L BARK, INC.
ROUTE 4, BOX 281A
PAGELAND, SC 29728
Dear Mr. Plyler:
VICE-PRESIDENT
June 22, 2001
117?OW'd
NCDENR
NORTH CAROLINA DEPARTMENT OF�
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ0019567
P & L Bark, Inc.
Distribution of Animal Waste By -
Products of Exceptional Quality
Pageland, South Carolina
In accordance with your application, received on January 31, 2001; and subsequent response to an
additional information request, received on April 6, 2001; we are forwarding herewith, Permit No.
WQ0019567, dated June 22, 2001; to P & L Bark, Inc. for the distribution and marketing of "Ali -Purpose Cow
Manure," an organic fertilizer amendment containing up to 450 dry tons per year, of animal waste by-product
(cow manure), which meets the exceptional quality standards, throughout the State of North Carolina.
This permit shall be effective from the date of issuance until May 31, 2006, and shall be subject to the
conditions and limitations as specified therein. Please pay particular attention to the monitoring and reporting
requirements contained in this permit. Failure to establish an adequate system for collecting and maintaining
the required operational information will result in future compliance problems.
It has been noted that your product was already being distributed successfully in North Carolina for 15
years prior to being required to apply for this permit. Your product has been observed on Garden store shelves,
within Wake County, NC. The Division understands that your company was not aware of all the monitoring
and compliance issues necessary to be permitted within North Carolina, therefore we are issuing this permit,
with the clear understanding that your company will comply with the conditions required of this permit, prior
to any further distribution of your product, within North Carolina. The Division empathizes with the hardship
this causes your company, however we must ensure that the health of our citizens and environment will not be
jeopardized by an organic amendment that may have pathogen concerns.
Please take time to review this permit thoroughly. Of special interest are the following items:
• Condition I. 1., Regarding annual volume of cow manure you are permitted to distribute
in North Carolina. The Division understands that your final product is comprised of a
mixture of the following components: composted pine bark fines, sand and cow manure,
which shall meet North Carolina Class A distribution and marketing requirements.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

• Condition 1. 5., Regarding compliance with pathogen reduction and vector attraction
requirements for the distribution and marketing of Class A residual products.
• Condition II. I., Regarding pollutant ceiling concentrations that cannot be exceeded in
your distributed product.
• Condition 11. 2., Regarding minimal information required on the product label and
information sheet provided to consumers.
• Condition 11. 3., Please provide an updated information sheet and label for the "All -
Purpose Cow Manure" product. These items must be submitted to, and acknowledged by
the Division, BEFORE any further distribution events occur.
• Condition Ill:. 2., Regarding minimum record keeping requirements.
• Condition III. 3., Regarding the parameters required for the annual residual analyses of
your final product.
• Condition Ill. 4., Since the Division did not review complete pathogen reduction and
vector attraction data for the Class A residuals generated by the Permittee, a complete set
of seven fecal analyses results (only three of the required seven final product analyses
results were reviewed) MUST be submitted to, and acknowledged by the Division,
BEFORE any further distribution events occur.
• Condition 111. 5., Regarding timely submittal of compliance data to the Division.
• Condition Vl. 5., regarding submittal of the annual administering and compliance fee
within 30 days after billing.
• Condition VI. 7., regarding timely submittal of your project's renewal package.
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 30 days following receipt of this permit. This
request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
67I4. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Theresa Nartea at (919) 733-
5083 extension 375.
Sincerely,
s
Kerr T. Stevens
cc: NCDWQ Regional Offices, Water Quality Section
Susan Baker, Fertilizer Section
Non -Discharge Compliance/Enforcement Unit
NDPU files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
PERMIT FOR THE DISTRIBUTION OF RESIDUALS OF EXCEPTIONAL QUALITY
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
P & L Bark, Inc.
Pageland, South Carolina
FOR THE
distribution and marketing of "All -Purpose Cow Manure," an organic fertilizer amendment containing up to
450 drytons ger year of animal waste by-prro3uctt (cow manure), which meets the exceptional quality
standards, throughout the State of North Carolina, with no discharge of wastes to the surface waters, pursuant
to the application received on January 31, 2001, and subsequent response to an additional information request,
received on April 6, 2001; 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, 2006, and shall be subject to the
following specified conditions and limitations:
I. PERFORMANCE STANDARDS
The program for the distribution and marketing of "All -Purpose Cow Manure," an organic
fertilizer amendment, containing up to 450 dry tons per year of animal waste by-product (cow
manure), which meets the exceptional quality standards, shall be effectively maintained and
operated as a non -discharge system to prevent the discharge of any wastes resulting from the
operation of this program.
2. This permit shall become voidable in the event of failure of the distribution and marketing
program to adequately protect the assigned water quality standards of the surface waters and
groundwaters.
The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface or groundwaters resulting from the operation of this program.
4. In the event that the distribution and marketing program is not operated satisfactorily, including
the creation of nuisance conditions, the Permittee shall take any immediate corrective actions as
may be required by the Division of Water Quality (Division).

H.
5. When wastewater residuals are sold or given away, one of the Class A pathogen requirements in
40 CFR Part 503.32(a) must be met. Additionally, an evaluation must be performed which
demonstrates the residuals ability to comply with this requirement. Upon request, a copy of this
evaluation must be submitted including all test results and calculations.
OPERATION AND MAINTENANCE REQUIREMENTS
For a waste product of exceptional quality to be sold or given away in bags or other container for
application to the Iand, the following must be satisfied:
The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average
Concentrations (Dry Weight Basis) must be maintained:
Ceiling Monthly Average
Concentrations Concentrations
Parameters
_ mg/kz
_ _ mall;g
Cadmium
85
39
Copper
4,300
1,500
Lead
840
300
Nickel
420
420
Zinc
7,500
2,800
2. A label shall be affixed to the bag or other container in which residuals that are sold or given away
for application to the land, or an information sheet shall be provided to the person who receives the
residuals sold or given away in an other container for application to the land. The label or
information sheet shall contain the following information:
a. The name and address of the person who prepared the residual that is sold or given away in a
bag or other container for application to the land.
b. A statement that application of the residual to the Iand is prohibited except in accordance with
the instructions on the label or information sheet.
c. A statement that the residuals shall not be applied to any site that is flooded, frozen or snow-
covered.
d A statement that adequate procedures shall be provided to prevent surface runoff from
carrying any disposed or stored residuals into any surface waters.
e. A statement which identifies that this material shall be prevented from entering any public or
private water supply source (including wells) and any stream, lake, or river.
It is the Division's understanding that P & L Bark, Inc., is curr6tly unable to provide an updated
product label and information sheet. Therefore prior to any further distribution of the Class A
residuals generated by the P & L Bark, Inc., an updated product label and information sheet shall be
submitted to, and acknowledged by the Division. Submit three copies of the updated label and
information sheet, to the Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC
27699-1617.
2

III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue analyses)
deemed necessary by the Division to insure protection of the environment will be established and
an acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee tracking all residual activities. These records
shall include, but are not necessarily limited to the following information:
a. source, volume and analysis of the composted cow manure product
b. name of residuals'recipient, volume received, and intended use
3. A residual analysis shall be conducted annually from the date of permit issuance by the Permittee.
The results of all analysis shall be maintained on file by the Permittee for a minimum of five years.
The residuals analysis shall include the following parameters:
Cadmium
Nickel
Copper
Zinc
Lead
Aluminum
pH
Ammonia -Nitrogen
Phosphorus
Calcium
Plant Available Nitrogen (by calculation)
Magnesium
Potassium
Nitrate -Nitrite Nitrogen
Sodium
Total Solids Percentage (%)
Total Kjeldahl Nitrogen (TKN)
4. It is the Division's understanding that P & L Baric, Inc. is currently' unable to provide the
complete data as requested in Condition I. 5., therefore prior to y further distribution of the
Class A residuals generated by P & L Bark, Inc., results from -the rquired ana
elyses specified in
Condition I. 5., shall be submitted to, and acknowledged by he Division!Submit three copies of
these analytical results to the Non -Discharge Permitting Unit, 1617 a 1 Service Center, Raleigh,
NC 27699-1617. e
5. Three copies of all required monitoring and reporting requirements as specified in Conditions III.
2., III. 3., and 111. 4., shall be submitted annually on or before March 1st of the year following the
first distribution event, to the address below.
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

6. Noncompliance Notification:
The Permittee shall report by telephone to the appropriate DWQ Regional Office (as outlined in
Attachment 1_) as soon as possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence with the residual distribution program which results in the application of
significant amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the distribution program resulting in a release of material to receiving waters.
c. Any time that self-monitoring information indicates that the facility has gone out of
compliance with the conditions and limitations of this permit or the parameters on which the
system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the facility incapable
of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system during transportation of residuals.
Persons reporting such occurrences by telephone shall also file a written report in letter form
within five 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 REOUIREMENTS
1. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A
NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for
disposal systems initiated after December 31, 1983, and 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 North Carolina 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 remediation action on the part
of the permittee.
2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided.
V. INSPECTIONS
The Permittee or his designee shall inspect the residuals storage, transport, and treatment facilities
to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead
to the release of wastes to the environment, a threat to human health, or a nuisance. The
Permittee shall maintain an inspection log or summary including at least the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken by the
Permittee. This log of inspections shall be maintained by the 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.
4

Any duly authorized officer, employee, or representative of the Division may, upon presentation
of credentials, enter and inspect any property, premises or place on or related to the treatment site
or facility at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records that must be kept under the terms and conditions of this permit;
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the distribution activities are carried out in accordance
with the conditions of this permit, the supporting materials, and in the manner approved by this
Division.
2. This permit is effective only with respect to the nature and volume of residuals described in the
application and other supporting data.
3. This permit is not automatically transferable. In the event that there is a desire for the facilities to
change ownership or a name change of the Pernuttee, 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 annual administering and compliance fee must 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).
6. The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances which may be imposed by other government agencies
(local, state, and federal) which have jurisdiction.
7. The Permittee, at least six months prior to the expiration of this permit, shall request its extension.
Upon receipt of the request, the Commission will review the adequacy of the facilities described
therein, and if warranted, will extend the permit for such period of time and under such conditions
and limitations as it may deem appropriate.
This permit may be modified, or revoked and reissued to incorporate any conditions, limitations
and monitoring requirements the Division deems necessary in order to adequately protect the
environment and public health.

ATTACHMENT 1
Fayetteville WQ Supervisor
225 Green Street
Suite 714, Systel Building
Fayetteville, NC 28301-5043
[phone]
Fax [phone]
Anson
DIVISION OF WATER QUALITY REGIONAL OFFICES
Asheville WQ Supervisor
Washington WQ Supervisor
Raleigh WQ Supervisor
59 Woodfin Place
943 Washington Square Mail
3800 Barrett Drive
Asheville, NC 28801
Washington, NC 27889
Raleigh, NC 27609
[phone]
[phone]
[phone]
Fax [phone]
Fax [phone]
Fax [phone]
Avery
Macon
Beaufort Jones
Chatham Nash
Buncombe
Madison
Bertie Lenoir
Durham Northampton
Burke
McDowell
Camden Martin
Edgecombe Orange
Caldwell
Mitchell
Chowan Pannlico
Franklin Person
Cherokee
Polk
Craven Pasquotank
Granville Vance
Clay
Rutherford
Currituck Perquimans
Halifax Wake
Graham
Swain
Dare Pitt
Johnston Warren
Haywood
Transylvania
Gates Tyrell
Lee Wilson
Henderson
Yancy
Greene Washington
Jackson
Hertford Wayne
Hyde
Fayetteville WQ Supervisor
225 Green Street
Suite 714, Systel Building
Fayetteville, NC 28301-5043
[phone]
Fax [phone]
Anson
Moore
Bladen
Robeson
Cumberland
Richmond
Harnett
Sampson
Hoke
Scotland
Montgomery
Winston-Salem WQ Supervisor
585 Waughtown Street
Winston-Salem, NC 27107
[phone]
Fax [phone]
Alamance Rockingham
Alleghany Randolph
Ashe
Stokes
Caswell
Surry
Davidson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford
Mooresville WQ Supervisor
919 North Main Street
Mooresville, NC 28115
[phone]
Fax [phone]
Alexander
Lincoln
Cabarrus
Mecklenburg
Catawba
Rowan
Cleveland
Stanly
Gaston
Union
iredell
Wilmington WQ Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
[phone]
Fax [phone]
Brunswick New Hanover
Carteret Onslow
Columbus Pender
Duplin

Permit issued this the twenty-second day of June, 200.1.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Kerr T. Stevens, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0019567
N.