HomeMy WebLinkAboutWQ0019960_Final Permit_20020424OF W A TER Michael F. Easley, Governor
O� pG William G. Ross Jr., Secretary
� North Carolina Depart mens of Environment and Natural Resources
r
Gregory J. Thorpe, Ph.D., Acting Director
p Division of Water Quality
April 24, 2002
MR. J. ROBERTBOYETTE, CITY MANAGER
CITY OF MARION
POST OFFICE DRAWER 700
MARION, NORTH CAROLINA 28752
Subject: Permit No. WQ0019960
City of Marion
City of Marion Residuals Land Application Program
Land Application of Residual Solids (503)
McDowell County
Dear Mr. Boyette:
b accordance with a minor modification request from Mr. Larry Carver, Wastewater Treatment
Plant Supervisor for the City of Marion that was received by the Division of Water Quality (Division) on
February 26, 2002, we are forwarding herewith a modified Permit No. WQ0019960, dated April 24,
2002, to the City of Marion for the subject residuals land application program.
This permit shall be effective from the date of issuance until June 30, 2006; shall void Permit No.
WQ0019960, issued on July 20, 2001; and shall be subject to the conditions and Iimitations as specified
therein. Make note of this permit's expiration date and the fact that a permit renewal application is due to
the Division no later than six months prior to that date (i.e., see Condition V1. 7.), as the Division does not
send reminders to apply for permit renewal.
This permit is being issued to include the continued and optional operation of facilities existing at
the Corpening Creek WWTP to lime stabilize residuals. These facilities are capable of producing a Class
A residuals product, which is currently approved for marketing and distribution by the City of Marion
under Permit No. WQ0008681. The City of Marion has decided to rescind Permit No. WQ0008681 (i.e.,
rescission process started on February 26, 2002) now that Class B land application has been approved by
the Division. However, it was desired to allow for continued operation of the lime stabilization facilities
on an as -needed basis should the required pathogen and vector attraction reduction requirement not be
met through aerobic digestion alone. Note that all residuals, even if they are lime stabilized and/or meet
Class A standards, must be land applied in strict accordance with the conditions contained in this permit.
No marketing and distribution shall be allowed once Permit No. WQ0008681 is rescinded by the
Division.
With this minor modification, the Division has taken the opportunity to reissue this permit in the
format currently being used for all residuals land application programs. This format was developed to
facilitate new application review procedures that have been put into place by the Division. Although no
substantive changes have been made to the conditions contained within this permit, the Permittee should
take the time to review this document to ensure complete familiarity and understanding of the format and
the condition language. Pay particular attention to the monitoring requirements in this permit. Failure to
establish an adequate system for collecting and maintaining the required operational informations will
result in future compliance problems. *
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
DENR Customer Service Center
An Equal Opportunity Action Employer
intemet httpl/h2o.enr.state.nc.us/ndpu
Telephone (919) 733-5083 Fax (919) 715-6048
Telephone 1 800 623-7748
50% recycled/10% post -consumer paper
iii
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 Ms. Shannon Mohr
Thornburg by telephone at (919) 733-5083, extension 353, or via e-mail at
shannon.thomburg@ncmail.net.
Sine r y,
for Gregory J. Thorpe, Ph.D.
CC' Ms. Caroline J. Edwards, L.S.S., Earthwise Designs
McDowell Health Department
Asheville Regional Office -Water Quality Section
Asheville Regional Office -Groundwater Section
Central Office -Groundwater Section
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
Water Quality Central Files
NDPU Files
2
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
LAND APPLICATION OF RESIDUAL SOLIDS (503) 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
City of Marion
McDowell County
FOR THE
continued optional operation of facilities for the lime stabilization of residuals generated by the residuals
source -generating facilities listed in the most recently -certified Attachment A and consisting of the
following minimum components: two 0.065 -million gallon thickening units; two vacuum filters; a lime
storage silo; a pug mill that is provided with supplemental heat; a storage area; and all associated piping,
valves, electrical and instrumentation/control systems, and other appurtenances required to make complete
and functional facilities; and the
continued operation of a residuals land application program for the City of Marion and consisting the land
application of residuals generated by the residuals source -generating facilities listed in the most recently -
certified Attachment A to the land application sites listed in the most recently -certified Attachment B with
no discharge of wastes to surface waters, pursuant to a minor modification request from Mr. Larry Carver,
Wastewater Treatment Plant Supervisor for the City of Marion that was received on February 26, 2002,
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 June 30, 2006; shall void Permit No.
WQ0019960, issued on July 20, 2001; and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
1_ The residuals land application program 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 if the soils of the land application sites fail to assimilate the
residuals adequately and may be rescinded unless the land application sites are maintained and
operated in a manner that will protect the assigned water quality standards of the surface
waters and groundwater.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface waters or groundwater resulting from the operation of this residuals land application
program.
4. In the event that the residuals land application program is not operated satisfactorily, including
the creation of nuisance conditions, the Permittee shall cease land applying residuals to the
site, contact the Water Quality Section of the appropriate Division of Water Quality's
(Division) regional office, and take any immediate corrective actions as may be required by
the Division.
5. No residuals other than those generated by the residuals source -generating facilities listed in
the most recently -certified Attachment A of this permit shall be approved for land application
in accordance with this permit.
6. The pollutant concentrations in any residuals that are land applied to any land application site
shall not exceed the following Ceiling Concentrations (i.e., dry weight basis):
Parameter
Ceiling Concentration
(milligrams per kilogram)
Arsenic
75
Cadmium
85
Copper
4,300
Lead
840
MercM
57
Molybdenum
75
Nickel
420
Selenium
100
Zinc
7,500
7. When residuals are land applied under the conditions of this permit, the Class A pathogen
requirements and site restrictions in 40 CFR Part 503.32(a) or the Class B pathogen
requirements and site restrictions in 40 CFR Part 503.32(b), and one of vector attraction
reduction requirements in 40 CFR Part 503.33 shall be met. Additionally, an evaluation shall
be performed that demonstrates the residuals' ability to comply with this requirement. Upon
request, a copy of this evaluation, including all test results and calculations, shall be submitted.
Only residuals that are generated by the residuals source -generating facilities that are
identified as being exempt from this condition in the most recently -certified Attachment A
shall not be required to comply with the specified pathogen reduction and vector attraction
reduction requirements.
8. Only the land application sites listed in the most recently -certified Attachment B of this permit
are approved for residuals land application.
2
9. This permit shall become voidable unless the agreements between the Permittee and the
landowners and lessees or operators of any land application sites listed in the most recently -
certified Attachment B of this permit not owned by the Permittee are in full force and effect.
These agreements shall be considered expired concurrent with the expiration date of the permit
and shall be renewed at the same time the permit is renewed.
10. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be
notified at least 24 hours prior to the initial residuals land application event to any new land
application site. In addition, the appropriate county manager's office shall be notified prior to
the initial residuals land application event on any new site so that they will be aware that
residuals land application activities have commenced on the site.
11. The Water Quality Section of the appropriate Division's regional office shall be notified at
least 24 hours prior to the initial residuals land application event on any new land application
site. Such notification to the Regional Water Quality Supervisor shall be made during normal
office hours (i.e., from 8:00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding
State Holidays. A list of the Division's regional offices, their county coverage, and their
contact information may be downloaded from the web site at http://h2o.enr.state.nc.us/ndput.
H. OPERATION AND MAINTENANCE REOUIREMENTS
The facilities and land application sites shall be properly maintained and operated at all times.
2. Upon classification of the residuals land application program by the Water Pollution Control
System Operators Certification Commission (WPCSOCC), the Permittee shall designate a
certified land applicationlresiduals operator to be in responsible charge (ORC) of the program.
The operator shall hold a certificate of the type classification assigned to the program by the
WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate
type to comply with the conditions of 15A NCAC 8G.0202.
3. No residuals shall be stored at any land application site at any time, unless written approval
has first been requested and obtained from the Division.
4. A copy of this permit shall be maintained in all manned equipment at the land application sites
when residuals are being land applied during the life of this permit. A spill prevention and
control plan shall be maintained in all residuals transport and application. vehicles.
5. When land applying residuals to any land application site, the following buffer zones shall be
maintained at all times:
a. 400 feet from residences or places of public assembly under separate ownership for
surface application methods; however, the buffer zone requirement may be reduced to a
minimum of 100 feet upon written consent of the owner and approval from the Water
Quality Section of the appropriate Division's regional office in Attachment B of this
permit;
b. 200 feet from residences or places of public assembly under separate ownership for
subsurface application methods; however, the buffer zone requirement may be reduced to
a minimum of 100 feet upon written consent of the owner and approval from the Water
Quality Section of the appropriate Division's regional office in Attachment B of this
permit;
c. 100 feet from any public or private water supply source, waters classified as SA or SB,
and any Class I or CIass II impounded reservoir used as a source of drinking water for
both methods;
d. 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal
waters and any other lake or impoundment for surface application;
e. 50 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal
waters and any other lake or impoundment for subsurface application;
f. 50 feet from property lines for both surface and subsurface application methods;
g. 50 feet from public right of ways for both surface and subsurface application methods;
h. 10 feet from upslope interceptor drains and surface water diversions for both surface and
subsurface application methods; and
i. 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage
systems, and surface drainage ditches for both surface and subsurface application methods.
Some of the buffers specified above may not have been included in previous permits for this
residuals land application program. However, any land application sites that are listed in the
most recently -certified Attachment B of this permit, but were approved with different buffers
shall be reflagged to comply with these buffers.
6. Maximum slope for land application of residuals shall be 10 percent for surface application
methods and 18 percent for subsurface application methods.
7. Specific residuals Iand application area boundaries shall be clearly marked on each land
application site prior to and during a residuals land application event.
The metal loading rates on any land application site shall not exceed the following
Cumulative Pollutant Loading Rates (CPLRs):
Parameter
CPLR
(kilograms per hectare)
CPLR
founds per acre)
Arsenic
41
36
Cadmium
39
34
Copper
1,500
1,338.
Lead
300
267
Mercury
17
15
Molybdenum
n/a
n/a
Nickel
420
374
Selenium
100
89
Zinc
2,800
2,498
9. An acceptable pH shall be maintained in the soil, residuals, and lime mixture, greater than 6.0,
on all land application sites onto which residuals are Iand applied to ensure optimum yield for
the crops specified in Condition 11. 13. The agronomist shall provide information on the pH
best suited for the specified crop and the soil type.
0
10. Should any of the residuals generated by the residuals source -generating facilities listed in the
most recently -certified Attachment A of this permit contain a high salt content (i.e., high
sodium adsorption ratio (SAR) of five or higher), the exchangeable sodium percentage (ESP)
or other method as approved by the Division, using the results from the annual soils analysis
as required by this permit, shall be monitored on all of the Iand application sites. The local
Cooperative Extension Office, the Department of Agriculture and Consumer Services, the
Natural Resource Conservation Service, a North Carolina -licensed Soil Scientist, or other
agronomist shall review the results and make recommendations regarding soil amendments
(e.g., gypsum, etc.) or other ameliorative mechanism for maintaining the integrity of the site in
terms of suitability for land application of residuals and maintaining conditions conducive to
crop growth. The Permittee shall implement such recommendations accordingly and shall
maintain written records of each monitoring event that includes details of the sites covered and
rate of soil amendment application.
11. Prior to land applying residuals to any land application site that has previously received or is
intended to receive animal waste (e.g_, poultry litter, etc.) or other source of nutrients (e.g.,
fertilizer, etc.) in the future, the Permittee shall obtain information pertaining to the volume
and analysis of the applied waste/nutrients from the landowner and/or lessee/operator of the
site. The Permittee shall be responsible for verifying the volume of residuals that may be land
applied to the site such that the plant available nitrogen (PAN) loading rate for the specified
crop (i.e., see Condition II. 13.) shall not be exceeded by all of the sources of PAN applied_
Should the maximum PAN' loading rate be met or exceeded, then no additional residuals shall
be land applied to the site.
12_ A suitable vegetative cover, as listed in Condition H. 13., shall be maintained on land
application sites onto which residuals are land applied in accordance with the crop
management plan outlined by the Iocal Cooperative Extension Office, the Department of
Agriculture and Consumer Services, the Natural Resource Conservation Service, or other
agronomist and as approved by the Division.
W,
13. Residuals and other sources of PAN shall be land applied to all land application sites at
agronomic rates in accordance with the crop management plan outlined by the local
Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer
Services, the Natural Resource Conservation Service, or other agronomist. Under no
circumstances shall the following PAN loading rates land applied to any site exceed the
following for the specified crops:
The Permittee shall apply for and receive a modification of this permit before land applying
residuals on any land application site that is to be established in a crop other than those listed
above. A maximum PAN loading rate for the desired crop shall be approved with the permit
modification.
If the Iand application sites are to be overseeded (e.g., bermuda grass in the summer and rye
grass in the winter with BOTH crops to receive residuals), then the second crop shall receive
an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice
shall be allowed as long as the second crop is to be harvested. If the second crop is to be
planted for erosion control only and is to be tilled into the soil, then no residuals shall be land
applied to these sites because the PAN will essentially be returned to the soil.
Residuals shall not be land applied at rates greater than agronomic rates, unless authorized by
the Division.
14. Animals shall not be grazed on any land application site for 30 days after any residuals Iand
application event. Sites that are to be used for grazing shall have fencing that will be used to
prevent access after each event_
15. Food crops, feed crops, and fiber crops that do not come in contact with the residuals shall not
be harvested for 30 days after any residuals land application event.
16. 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.) shall not be harvested for 14
months after any residuals land application event.
rl
PAN
PAN
Crop
(pounds per
Crop
(pounds per
acre er ear)
acre er ear)
Alfalfa
200
Forest
75
(Hardwood or Softwood)
Bermuda Grass
220
Milo
100
fHay or Pasture)
Blue Grass
120
Small Grain
100
(Wheat, Barley, or Oats)
Corn
160
Sorghum or Sudex
1$0
(Grain)
(Pasture)
Corn
200
Sorghum or Sudex
220
(Silage)
(Silage)
Cotton
70
Soybeans
200
Fescue
250
Timothy, Orchard, or
200
Rye Grasses
The Permittee shall apply for and receive a modification of this permit before land applying
residuals on any land application site that is to be established in a crop other than those listed
above. A maximum PAN loading rate for the desired crop shall be approved with the permit
modification.
If the Iand application sites are to be overseeded (e.g., bermuda grass in the summer and rye
grass in the winter with BOTH crops to receive residuals), then the second crop shall receive
an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice
shall be allowed as long as the second crop is to be harvested. If the second crop is to be
planted for erosion control only and is to be tilled into the soil, then no residuals shall be land
applied to these sites because the PAN will essentially be returned to the soil.
Residuals shall not be land applied at rates greater than agronomic rates, unless authorized by
the Division.
14. Animals shall not be grazed on any land application site for 30 days after any residuals Iand
application event. Sites that are to be used for grazing shall have fencing that will be used to
prevent access after each event_
15. Food crops, feed crops, and fiber crops that do not come in contact with the residuals shall not
be harvested for 30 days after any residuals land application event.
16. 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.) shall not be harvested for 14
months after any residuals land application event.
rl
17. Food crops with harvested parts below the surface of the land (i.e., root crops such as potatoes,
carrots, radishes, etc.) shall not be harvested for 20 months after any residuals land application
event when the residuals remain on the land surface for four months or longer prior to
incorporation into the soil.
18. Food crops with harvested parts below the surface of the land shall not be harvested for 38
months after any residuals land application event when the residuals remain on the land
surface for less than four months prior to incorporation into the soil.
19. Turf shall not be harvested for one year after any residuals land application event.
20. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying
residuals from the land application sites onto adjacent properties or into any surface waters.
21. Adequate procedures shall be provided to prevent surface runoff from carrying any land
applied or stored residuals into any surface waters.
22. Surface -applied residuals shall be plowed or disced within 24 hours after land application on
land application sites with no cover crop established.
23. For land application sites that are prone to flooding or within the 100 -year flood elevation,
residuals shall be land applied only during periods of dry weather. The residuals shall be
incorporated into the soil within 24 hours after land application.
24. Residuals shall not be land applied during inclement weather or until 24 hours following a
rainfall event of 0.5 -inch or greater in 24 hours. Any emergency residuals land application
measures shall first be approved in writing by the Division.
25. Residuals shall not be land applied to any land application site that is flooded, frozen, or
snow-covered.
26. Appropriate measures shall be taken to control public access to the land application sites
during active site use and for the 12 -month period following the last residuals land application
event. Such controls may include the posting of signs indicating the activities being
conducted at each site.
11I. 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. Residuals generated by each residuals source -generating facility listed in the most -recently -
certified Attachment A of this permit shall be analyzed to demonstrate that they are non-
hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity,
ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure
(TCLP) analysis shall be conducted on residuals generated by each residuals source -
generating facility Iisted in the most recently -certified Attachment A of this permit. The
analyses shall be performed at the frequency specified in the most recently -certified
Attachment A of this permit, and the results shall be maintained on file by the Permittee for a
minimum of five years. If residuals generated by a particular residuals source -generating
facility are land applied at a frequency less than that which is specified in the most recently -
certified Attachment A of this permit, the analyses shall be required for each residuals land
application event. Only residuals that are generated by the residuals source -generating
facilities that are identified as being exempt from this condition in the most recently -certified
Attachment A of this permit shall not be required to comply with this monitoring requirement_
The TCLP analysis shall include the following parameters (i.e., note the regulatory level in
milligrams per liter in parentheses):
Arsenic (5.0)
1,4 -Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2 Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
.l,l-Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5.0)
Chlordane (0.03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide) (0.008)
Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5 -Trichlorophenol (400.0)
m -Cresol (200.0)
Lead (5.0)
2,4,6 -Trichlorophenol (2.0)
o -Cresol (200.0)
Lindane (0.4)
2,4,5 -TP (Silvex) (1.0)
p -Cresol (200.0)
Mercury (0.2)
Vinyl chloride (0.2)
Cresol (200.0)
Methoxychlor (10.0)
2,4-D (10.0)
Methyl ethyl ketone (200.0)
After the residuals have been monitored as specified above
for two years at the frequency
specified in the most recently -certified Attachment A of this permit, the Permittee may submit
a request to the Division for a permit modification to request a reduction of this monitoring
requirement. In no case, however, shall the frequency of monitoring be less than once per
permit cycle.
3. An analysis shall be conducted on residuals generated by each residuals source -generating
facility listed in the most recently -certified Attachment A of this permit. The analysis shall be
performed at the frequency specified in the most recently -certified Attachment A of this
permit, and the results shall be maintained on file by the Permittee for a minimum of five
years. If residuals generated by a particular residuals source -generating facility are land
applied at a frequency less than that which is specified in the most recently -certified
Attachment A of this permit, an analysis shall be required for each residuals land application
event. The analysis shall include, but shall not necessarily be limited to, the following
parameters:
Aluminum Magnesium Phosphorus
Ammonia -Nitrogen Mercury Potassium
Arsenic Molybdenum Selenium
Cadmium Nickel Sodium
Calcium Nitrate -Nitrite Nitrogen Total Kjeldahl Nitrogen
Copper Percent Total Solids Zinc
Lead pH Plant Available Nitrogen
(by calculation)
After the residuals generated by a particular residuals source -generating facility have been
monitored for two years at the frequency specified in the most recently -certified Attachment A
of this permit, 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 a residuals land application event of
residuals generated by the residuals source -generating facility occurs during that year.
4. Residuals generated by each residuals source -generating facility listed in the most recently -
certified Attachment A of this permit shall be monitored for compliance with Condition 1. 7.
The monitoring shall be performed at the frequency specified in the most recently -certified
Attachment A of this permit, and data to verify pathogen and vector attraction reduction of the
residuals shall be maintained on file by the Permittee for a minimum of five years. The
required data shall be specific to the stabilization process utilized, but also shall be sufficient
to demonstrate clear compliance with the Class A pathogen reduction requirements in 40 CFR
Part 503.32(a) or the Class B pathogen reduction requirements and site restrictions in 40 CFR
Part 503.32(b) as well as one of vector attraction reduction requirements in 40 CFR Part
503.33. In addition, the Environmental Protection Agency (EPA) certification statements
concerning compliance with pathogen reduction requirements, vector attraction reduction
requirements, and management practices shall be completed quarterly by the proper authority
or authorities, if more than one is involved (i.e., either the person who prepares the residuals,
the person who derives the material, or the person who applies the residuals). Only residuals
that are generated by the residuals source -generating facilities that are identified as being
exempt from Condition I. 7. in the most recently -certified Attachment A of this permit shall
not be required to comply with this monitoring requirement.
Laboratory analyses as required by Condition III. 2., Condition Ill. 3., and Condition III. 4.
shall be performed/gathered on the residuals as they are to be land applied. 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.
0
6. Proper records shall be maintained by the Permittee tracking all residuals land application
events. These records shall include, but are not necessarily Iimited to, the following
information:
a. Source of residuals;
b. Date of land application;
c. Location of land application (i.e., site, field, or zone number);
d. Method of land application;
e. Weather conditions (i.e., sunny, cloudy, raining, etc.);
f. Soil conditions (i.e., dry, wet, frozen, etc.);
g. Type of crop or crops to be grown on field;
h. Volume of residuals land applied in gallons per acre, dry tons per acre, or kilograms per
hectare;
i. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per
acre, or kilograms per hectare (if applicable);
j. Volume of soil amendments (i.e., lune, gypsum, etc.) applied in gallons per acre, dry ton
per acre, or kilograms per hectare (if applicable); and
i. Annual and cumulative totals of dry tons per acre of residuals as well as animal waste and
other source of nutrients residuals (i.e., if applicable), annual and cumulative pounds per
acre of each heavy metal (i.e., shall include, but shall not be limited to, arsenic, copper,
Iead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN,
and annual pounds per acre of phosphorus applied to each field.
7. A representative annual soils analysis (i.e., Standard Soil Fertility Analysis) shall be
conducted on each land application site on which a residuals land application event in the
respective calendar year has occurred or is to occur, and the results shall be maintained on file
by the Permittee for a minimum of five years. The Standard Soil Fertility Analysis shall
include, but is not necessarily limited to, the following parameters:
Acidity Exchangeable Sodium Percentage (by calculation)
Calcium Magnesium Phosphorus
Cation Exchange Capacity Manganese Potassium
Copper Percent Hun -tic Matter Sodium
Base Saturation (by calculation) pH Zinc
8. Three copies of all required monitoring and reporting requirements as specified in Condition
III_ I., Condition III. 2_, Condition III. 3., Condition 1II. 4., Condition IIl, 5., Condition III, 6_,
and Condition 111. 7. shall be submitted annually on or before March 1st of the year following
the residuals land application event to the following address:
NCDENR-DWQ
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
10
9_ Noncompliance Notification:
The Permittee shall report by telephone to the Water Quality Section of the Division's
Asheville Regional Office at telephone number (828) 251-6208, 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:
Any occurrence with the residuals land application program that results in the land
application of significant amounts of residuals that are abnormal in quantity or
characteristic.
b. Any failure of the residuals land application program resulting in a release of material to
receiving waters.
c. Any time that self-monitoring information indicates that the residuals land application
program has gone out of compliance with the conditions and limitations of this permit or
the parameters on which the program system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the residuals land
application program incapable of adequate residuals treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals to the
application site.
Persons reporting such occurrences by telephone shall also file a written report in Ietter 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.
IV. GROUNDWATER REQUIREMENTS
1. Lancs Application Site Reguirernenks:
a. Each land application site identified with a GW -A in the most recently -certified
Attachment B of this permit is dominated by soils with a mean seasonal high water table
greater than three feet below the land surface. Residuals land application events may
occur on these sites throughout the year.
b. Each land application site identified with a GW -B in the most recently -certified
Attachment B of this permit is dominated by soils with a mean seasonal high water table
between one and three feet below the land surface. Residual land application events on
these sites shall be prohibited from December through March, inclusive. No residuals
shall be land applied to these sites when the vertical separation between the depth of
residuals land application and the water table is less than three feet. The actual water
table depth for seasonally -restricted soils shall be verified by soil borings within 24 hours
prior to any residuals land application event that occurs from April through November,
inclusive. The number of borings advanced shall be sufficient to characterize water table
conditions across the land application site adequately. Any open borings shall be properly
filled with native soil, prior to the residuals land application event, to decrease the chance
of any residuals contaminating the groundwater.
11
AuDlicable Boundary Requirements:
a. The COMPLIANCE BOUNDARY for residuals land application programs is specified by
regulations in 15A NCAC 2L (Le., "Groundwater Classifications and Standards"). The
Compliance Boundary for each land application site is established at either 250 feet from
the residuals land application area or 50 feet within the property boundary, whichever is
closest to the residuals land application area. An exceedance of Groundwater Quality
Standards at or beyond the Compliance Boundary is subject to immediate remediation
action according to 15A NCAC 2L.0106 (d)(2).
b. The REVIEW BOUNDARY shall be established around each land application site
midway between the Compliance Boundary and the perimeter of the residuals land
application area. Any exceedance of Groundwater Quality Standards at the Review
Boundary shall require action in accordance with 15A NCAC 2L .0106 (d)(2).
Additional Requirements:
a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
1. Prior to each residuals land application event, the Permittee or his designee shall inspect the
residuals storage, transport, and application facilities to prevent malfunctions and
deterioration, operator errors, and discharges that 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 land application sites or facilities 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.
Vl. GENERAL CONDITIONS
1. This permit shall become voidable unless the residuals land application events are carried out
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 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.
12
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).
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 limited 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 NCG010000, and any
requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC .0500.
6. This permit 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.
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 facilities
and residuals land application 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
residuals land application 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 th,�wenty-fourth day of April, 2002.
NORTH LINA ENVIRONMENTAL MANAGEMENT COMMISSION
Lor Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0019960
13
A1TACEIMENT A - Approved Residual Source-Generatine Facilities
Permit No. WQ0019960
City of Marion
City of Marion Residuals hind Application Program
Owner facility Name County
Permit Number Issued By
Is 503. Maximum Monitoring Monitoring Approved
Dry'rons Frequency for Frequency for Mineralization
Per Year Condition III. 2. Condition III. 3. and Rate
Condition Ill. 4.
City of Marion Co nin Creek WWTP McDowell
NC0031879 DW
503 290.00 Annually Annually 0.30
Total
290.00
Permit?,', WQD019960 1 of 1 Certification P April 24, 2002
ATTACHMENT B - Approved Land Application Sites
Permit No. WQ0006119
Town of Erwin
Town of Erwin Residuals Land Application Program
Site/Field ID
Landowner
Lessee/Operator County
Latitude Longitude
Net Acreage
Applicable
Restriction in
Condition IV. 1.
Cla
Causb , Curtis
McDowell
9.50
GW -A
KIb
Khang, Toua & Ton
McDowell
16.00
GW -A
K2"
Khang, Toua & Tong
McDowell
38.00
GW -A
RI
Ross, Wayne
McDowell
16.00
GW -A
Total For County
McDowell
79.50
Total
79.50
A reduced buffer from a residence under separate ownership has been approved for this land application site. Residuals may be land applied to within 100 feet of the residence
owned by John Kirby (i.e., indicated by the label 'Dl" on the approved buffer map), regardless of whether a surface or a subsurface application method is used.
b Reduced buffers from residences under separate ownership has been approved for this land application site. Residuals may be land applied to within 100 feet of the residences
owned by Ruby Kelley (i.e., indicated by the labels "D1" and "D2" on the approved buffer map) and to within 200 feet of the residences owned by Sy Thau (i.e., indicated by the
labels "D3" and "D4" on the approved buffer maps), regardless of whether a surface or a subsurface application method is used.
This land application site was previously an apple orchard that has since been converted to pasture land. The Division's Groundwater Section has expressed concern regarding
the historical pesticide application practices at the site and the fact that these could have adversely impact soil and groundwater quality. Although it is not a requirement
of this permit, it is strongly advised that the Permittee receive a "hold harmless" agreement with respect to prior contamination before land applying residuals to this site.
a Reduced buffers from residences under separate ownership has been approved.for this land application site. Residuals may be land applied to within 200 feet of the residences
owned by Chia Kee Yang (i.e., indicated by the labels "DS" and "D6" on the approved buffer map) and to within 200 feet of the tesidence owned by Kenneth D. VanBuskirk
(i.e., indicated by the label "D7" on the approved buffer maps), regardless of whether a surface or a subsurface application method is used.
Permit No. WQ0019960 Page 1 of 1 Certification Date: April 24, 2002