HomeMy WebLinkAboutWQ0019960_Final Permit_20070830`O�CF WA T�19 Michael F. Easley, Governor
William G. Ross Jr., Secretary
bLn7 North Carolina Department of Environment and Natural Resources
� r
—i Coleen H. Sullins, Director
Division of Water Quality
August 30, 2007
MR. J. RoBI~RT BOYETTE, 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:
In accordance with your request to renew and modify Permit No. WQ0019960, received on
March 30, 2007, we are forwarding herewith Permit No. WQ0019960, dated August 30, 2007, to the City
of Marion for the continued operation of the subject land application of residuals solids program. The
modifications to this permit consist of the removal of 11 sites (totaling 226 applicable acres) from the
program, as well as the expansion of two existing sites (Site R-01 (expanded from 16 to 19.4 acres) and
Site F-3 (expanded from 9.6 to 11.4 acres)).
This permit shall be effective from the date of issuance until July 31, 2012, shall void Permit No.
WQ0019960 issued April 24, 2002, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish
an adequate system for collecting and maintaining the required operational information will result in
future compliance problems. Please also note that there are new conditions (Permit Conditions IV.9. and
VI. 1.) in this permit that have not appeared in previous permits, and that several of the existing conditions
(Permit Conditions 11.6., U1.11., M.12., and I11.16.) have been modified. Condition II.6. has been
modified to provide additional detail if the Specific Oxygen Uptake Rate (SOUR) Test is utilized to
demonstrate the residual's ability to comply with the Class B pathogen requirements and site restrictions,
as well as a vector attraction reduction requirement. This condition requires that samples be collected
prior to thickening at the point of entering the secondary clarifier for a SOUR Test (see Condition H.6.).
Attachment A has been modified to require TCLP testing from once every year to once every
permit cycle.
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 thirty (30) days following receipt of
this permit. This request must 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, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding.
ow
Nc Carolina
�tltrall1f
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221
Internet: www.newaterquabiy.org Location: 2728 Capital Boulevard Raleigh, NC 27604 Fax l: (919) 715-0588
Fax 2: (919) 715-6048
An Equal Opportunity/Affirmative Action Employer— 50% Recycled110% Post Consumer Paper Customer Service: (877) 623-6748
Mr. Robert Boyette
August 30, 2007
Page 2
Please note that on September 1, 2006 State Administrative Code 15A NCAC Subchapter 02T —
Waste not Discharged to Surface Water was adopted. This permit incorporates the requirement of these
rules. Remember to take the time to review this permit thoroughly, as some of the conditions
contained therein may have been added, changed, or deleted from those in previously issued permits
Please also note that this permit requires a three -tiered approach to meeting its requirement for
vector attraction reduction (Permit Condition II.6.). If you need additional information concerning this
matter, please contact David Goodrich at (919) 715-6162 or david.goodrich@ncmail.net.
Sincerely,
' &
Lor Coleen H. Sullins
cc: McDowell County Health Department
Asheville Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
LAU Files
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
LAND APPLICATION OF RESIDUAL SOLIDS PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
City of Marion
McDowell County
FOR THE
continued 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 of 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 the permit modification/renewal
application package received on March 30, 2007 as well as the additional information received on June 29,
2007 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 July 31, 2012, shall void Permit No.
WQ0019960, issued April 24, 2002, and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES
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.
WQ0019960 Version 2.0 Shell Version 070228 Page 1 of 14
H. PERFORMANCE STANDARDS
I. 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
2. 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.
3. Only the land application sites listed in the most recently certified Attachment B of this permit are
approved for residuals land application. A permit modification application is required for any new
land application sites to be added to Attachment B.
4. The pollutant concentrations in any residuals that are Iand 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
Mercury
57
Molybdenum
75
Nickel
420
Selenium
100
Zinc
7,500
5. The pollutant loading rates on any land application site shall not exceed the following Cumulative
Pollutant Loading Rates (CPLRs):
Parameter
CPLR
(Pounds per acre
Arsenic
36
Cadmium
34
Copper
1,338
Lead
267
Mercury
15
Molybdenum
n/a
Nickel
374
Selenium
89
Zinc
2,498
WQ0019960 Version 2.0 Shell Version 070228 Page 2 of 14
The Permittee shall determine compliance with the cumulative pollutant loading rates using one of
the following methods:
1. Use site specific analytical data from all historical land application events not otherwise
exempted.
2. For land on which land application events of residuals has not occurred or for which the data is
incomplete, use background concentrations through representative sampling.
6. When residuals are land applied under the conditions of this permit, the Class B pathogen
requirements and site restrictions in 15A NCAC 02T .1106 (a) and (c), and one vector attraction
reduction requirements in 15A NCAC 02T .1107 (a) shall be met.
Additionally, an evaluation shall be performed that demonstrates the residuals' ability to comply
with this requirement. This evaluation shall be based upon a three -tiered approach, as follows:
If the Specific Oxygen Uptake Rate (SOUR) method is used, then the samples will be
collected prior to thickening at the point of entering the secondary clarifier. The
temperature of the aerobic process must remain between 10 and 30 degrees Celsius in
the aerobic process, the tested solids at or slightly below 2%, and the arithmetic mean of
the SOUR Test results less than 1.5 mg of oxygen per gram per hour. The residuals must
remain completely mixed during the analysis, and this must be documented. This shall
be demonstrated by showing that the Dissolved Oxygen (DO) curve during the test is
smooth and does not have steps over time. This test shall be performed once or twice per
month to document the annual monitoring period. A series of dilutions may be run to
determine if a correlation can be made and a suitable maximum SOUR value for the
residuals can be made and applied. If the dilution tests indicate that the residuals have
the same SOUR value within, independent of the % solids, the maximum value of 1.5
mg of oxygen per hour — gram total solids may be used. An allowance to use a higher
solids content must be approved by the Division.
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.
7. The facilities permitted herein must be constructed and maintained according to the following
setbacks.
WQ00I9960 Version 2.0 Shell Version 070228 Page 3 of 14
a. When land applying residuals to any land application site, the following setbacks shall be
maintained at all times (all distances in feet):
8. Specific residuals land application area boundaries shall be clearly marked on each land application
site prior to and during a residuals land application event.
9. Residuals and other sources of Plant Available Nitrogen (PAN) shall be land applied to all land
application sites at or below agronomic rates. Appropriate agronomic rates shall be calculated using
expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved
land application site. Realistic Yield Expectations for crop types and specific fields or soils types
shall be determined by using any the following methods:
a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina
State University Department of Soil Science Webpage at:
hqp://www.soil.nesu.edu/nMp/ncnmwg/delds/
WQ0019960 Version 2.0 Shell Version 070228 Page 4 of 14
Setback by type of application
Surface
Surface
Application
Application
by
Injection 1
Description of Setback
by Vehicle
Irrigation
Incorporation
i. Habitable residence or place of public assembly under
separate ownership or not to be maintained as part of
the project site. May be reduced to a minimum of 100
feet upon written consent of the owner and approval
from the Aquifer Protection Section of the Division's
appropriate regional office in Attachment B of this
permit.
400
400
ii. 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 of
the project site. May be reduced to a minimum of 100
feet upon written consent of the owner and approval
from the Aquifer Protection Section of the Division's
appropriate regional office in Attachment B of this
permit.
200
200
200
iii. Property lines
50
50
50
iv. Public right of way
50
50
50
v. Private or public water supply source, waters
classified as SA or SB, and any Class I or Class II
impounded reservoir used as a source of drinking
water for both methods.
100
100
100
vi. Surface Waters (any streams classified as WS or B,
any other stream, canal, marsh or coastal waters and
any other lake or impoundment).
100
100
50
vii. Upslope interceptor drains and surface water
diversions.
10
10
10
viii. Downslope interceptor drains, surface water
diversions, groundwater drainage systems, and surface
drainage ditches.
1 25
25
1 25
8. Specific residuals land application area boundaries shall be clearly marked on each land application
site prior to and during a residuals land application event.
9. Residuals and other sources of Plant Available Nitrogen (PAN) shall be land applied to all land
application sites at or below agronomic rates. Appropriate agronomic rates shall be calculated using
expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved
land application site. Realistic Yield Expectations for crop types and specific fields or soils types
shall be determined by using any the following methods:
a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina
State University Department of Soil Science Webpage at:
hqp://www.soil.nesu.edu/nMp/ncnmwg/delds/
WQ0019960 Version 2.0 Shell Version 070228 Page 4 of 14
b. Site Specific Historical Data for crop types on specific fields or soil types by calculating the
mean of the best three yields of the last five consecutive crop harvests for each field.
If the RYE cannot be determined using methods 13(a) or (b) above, RYE can be established
from specially developed soil interpretation records for Nutrient Management Planning, Farm
Service Agency Records, university trials, or inference from crop performance on soil with
very similar physical and chemical features.
d. Realistic Yields Expectations and acceptable nitrogen application rates that use the above
methodology are required parts of many agricultural planning documents. The Permittee may
use the RYE and appropriate agronomic 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 Senate Bill 1217 Interagency Group- Guidance
Document: Chapter 1. Guidance for the completion of the plan can be found at:
htip://vr%vw.enr.state.nc.us/DSWC/pages/"idance does.html.
iii. Certified Nutrient Management Plan as outlined by Natural Resources Conservation
Services (MRCS). These plans must meet the USDA -MRCS 590 Nutrient Management
Standards, which are available at:
ftp://flp-fe.se.egov.usda.goy/L, /technir,al/N590_03-2001.pdf.
For any crop type for which the RYE and appropriate nitrogen application rate cannot be
determined, the Permittee shall contact the Division to determine necessary action.
10. If the land 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.
Prior to application of PAN to permitted sites at rates exceeding the agronomic rate, the Permittee
must submit and receive approval by the Division.
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11. 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 (5) 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 land 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.
12. The COMPLIANCE BOUNDARY for residuals land application programs is specified by
regulations in 15A NCAC 2L (i.e., "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. Per ISA NCAC 2T .0105(h), upon the request by the Permittee the Compliance
Boundary may be located closer to the waste disposal area (provided the groundwater standards can
be met at the newly established Compliance Boundary). Any approved relocation of the
COMPLIANCE BOUNDARY will be noted in the most recently -certified Attachment B of this
permit. An exceedance of Groundwater Standards at or beyond the Compliance Boundary is subject
to remediation action according to 15A NCAC 2L .0106(d)(2) as well as enforcement actions in
accordance with North Carolina General Statute 143-215.6A through 143-215.6C.
13. 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)(1).
14. 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.
15. The Aquifer Protection 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 Aquifer Protection 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 bq://www.enr.state.nc.us/htmi/reQionaloffices.html.
III. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities and land application sites shall be properly maintained and operated at all times.
WQ0019960 Version 2.0 Shell Version 070228 Page 6 of 14
2. The residuals land application program shall be effectively maintained and operated at all times as a
non -discharge system to prevent the discharge of any wastes resulting from the operation of this
program. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC
02T .1110 including operational functions, maintenance schedules, safety measures, and a spill
response plan.
3. 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 Aquifer Protection 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.
4. 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
application/residuals 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.
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 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.
6. 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. The spill prevention and control plan
shall be maintained in all residuals transport and application vehicles.
7. 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.
8. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or
stored residuals into any surface waters.
9. Surface -applied residuals shall be plowed or disced within 24 hours after land application on land
application sites with no cover crop established.
10. 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.
11. Bulk residuals shall not be applied to the land 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 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 the residuals land application event;
WQ0019960 Version 2.0 Shell Version 070228 Page 7 of 14
f. During a measurable precipitation event (i.e., >.01" per hour) or within 24 hours following a
rainfall event of 0.5 inches or greater in a 24-hour period. Any emergency residuals land
application measures shall first be approved in writing by the Division;
g. If the slope for land is greater than 10 percent when bulk liquid residuals are surface applied, and
if the slope of the land is greater then. 18 percent with bulk liquid residuals are injected or
incorporated;
h. If the pH is not maintained in the soil, residuals, and lime mixture, greater than 6.0, on land
application sites onto which residuals are applied. Residuals may be applied to the sites
provided that sufficient amounts of lime is also applied to achieve a final pH of the soil mixture
of at least 6.0, or if an agronomist provides information indicating that the pH of the soil,
residuals, and lime mixture is suited for the specified crop type. Any approved variations to the
acceptable soil pH (6.0) for land application will be noted in the most recently certified
Attachment B of this permit.
i. If the land does not have an established vegetative cover 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 other
agronomist unless the bulk residuals are incorporated within a 24-hour period following the
residuals land application event or injected (This requirement does not apply to no -till
fields);
j. If the vertical separation of the seasonal high water table and the depth of residuals application is
less than one foot;
k. If the vertical separation of the depth to bedrock and the depth of residuals application is less
than one foot;
12. For land onto which bulk residual that do not meet the Class A Pathogen Reduction Requirements
(15A NCAC 02T. I 106(b)), the following public access restrictions apply:
a. Public access to public contact sites shall be restricted for one calendar year after any residuals
land application event;
b. Public access to land that is not a public contact site shall be restricted for 30 days after any
residuals land application event;
13. For land onto which bulk residual that do not meet the Class A pathogen Reduction Requirements
(15A NCAC 02T .I 106(b)), the following harvesting and grazing restrictions apply:
a. Animals shall not be allowed to graze on land application sites for 30 days after any residuals
land application event. Sites that are to be used for grazing shall have fencing that will be used
to prevent access after each event;
b. 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;
c. 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;
WQ0019960 Version 2.0 Shell Version 070228 Page 8 of 14
d. 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;
e. 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;
f. Turf grown on land where residuals are applied shall not be harvested for 12 months after any
residuals land application event.
14. 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.
15. Specific residuals land application area boundaries shall be clearly marked on each land application
site prior to and during a residuals land application event.
16. Upon entering an agreement with landowners to apply residuals to a land application site, the
Permittee shall require of the landowner or lessee/operator a statement detailing the volume of
nutrient sources (waste residuals, manufactured fertilizers, manures, or other animal waste products)
other than the residuals to be applied by the Permittee, that have been applied to the land, and a copy
of the most recent Nutrient Management Plan (NMP), if available, for the fields within the
agreement. For the purpose of this permit condition, a Crop Management Plan (CMP), Waste
Utilization Plan (WUP) or Certified Nutrient Management Plan (CNMP) shall also be
considered a Nutrient Management Plan.
The MMPs must be provided only 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 rely on the provided information to calculate appropriate reductions
in allowable nutrient loading rates. If the calculation shows that the agronomic rates in the NMP
(including PAN) have already been met or exceeded on a field, no additional residuals shall be land
applied to that field.
IV. MONITORING AND REPORTING REQUIREMENTS
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.
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 listed 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
WQ0019960 Version 2.0 Shell Version 070228 Page 9 of 14
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)
Barium (100.0)
Benzene (0.5)
Cadmium (1.0)
Carbon tetrachloride (0.5)
Chlordane (0.03)
Chlorobenzene (100.0)
Chloroform (6.0)
Chromium (5.0)
m -Cresol (200.0)
o -Cresol (200.0)
p -Cresol (200.0)
Cresol (200.0)
2,4-D (10.0)
1,4 -Dichlorobenzene (7.5) Nitrobenzene (2.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
1,1-Dichloroethylene (0.7)
Pyridine (5.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Endrin (0.02)
Silver (5.0)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Heptachlor (and its hydroxide) (0.008)
Toxaphene (0.5)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Hexachloroethane (3.0)
2,4,5 -Trichlorophenol (400.0)
Lead (5.0)
2,4,6 -Trichlorophenol (2.0)
Lindane (0.4)
2,4,5 -TP (Silvex) (1.0)
Mercury (0.2)
Vinyl chloride (0.2)
Methoxychlor (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.
An analysis shall be conducted on residuals generated by each residual 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. The analysis shall include,
but shall not necessarily be limited to, the following parameters:
Aluminum
Ammonia -Nitrogen
Arsenic
Cadmium
Calcium
Copper
Lead
Sodium Adsorption Ratio
(SAR)
Magnesium pH
Mercury Plant Available Nitrogen
(by calculation)
Molybdenum
Nickel
Nitrate -Nitrite Nitrogen
Phosphorus
Potassium
Selenium
Sodium
% Total Solids
TKN
Zinc
WQ0019960 Version 2.0 Shell Version 070228 Page 10 of 14
If residuals generated by a particular residuals source -generating facility are insufficient to require a
land application events during a required sampling period as specified in the most recently -certified
Attachment A of this permit, an analysis is not required for that sampling period. The Permittee is
still responsible for submitting an annual report even in the event that no land application events
occur during an entire year.
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 11.6. 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 requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b) or the
Class B pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (c), and one
vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. 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 at the frequency specified in the most recently -certified Attachment A
of this permit 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 11.6. in the most recently -certified Attachment A of this
permit shall not be required to comply with this monitoring requirement.
5. 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
Calcium
Cation Exchange Capacity
Copper
Base Saturation (by calculation)
Exchangeable Sodium Percentage (by calculation)
Magnesium Phosphorus
Manganese Potassium
Percent Humic Matter Sodium
PH
Zinc
6. Laboratory analyses of parameters as required by Condition IV.2., Condition IV.3., and Condition
IVA. shall be performed/gathered on the residuals as they are to be land applied.
7. Laboratory analyses of parameters as required by Condition IV. I., Condition N.2, Condition IV.3.,
Condition IVA., and Condition iV.5. shall be in accordance with 15ANCAC. 02B .0505.
WQ0019960 Version 2.0 Shell Version 070228 Page 11 of 14
Proper records shall be maintained by the Permittee tracking all residuals land application events.
These records shall include, but are not necessarily limited 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 as listed in Attachment B);
d. Method of land application;
e. Weather conditions (e.g., sunny, cloudy, raining, etc.);
f. Predominant Soil Mapping Unit (e.g., CbB2);
g. Soil conditions (e.g., dry, wet, frozen, etc.);
h. Type of crop or crops to be grown on field;
i. Nitrogen Application Rate based on RYES.
j. Volume of residuals land applied in gallons per acre, cubic yard per acre , dry tons per acre, wet
ton per acre , or kilograms per hectare;
k. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or
kilograms per hectare (if applicable);
1. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per
acre, or kilograms per hectare (if applicable); and
m. Annual and cumulative totals of 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.
9. All records required as part of this permit shall be retained a minimum of five years.
10. Three copies of all required monitoring and reporting requirements as specified in Condition iV.1.,
Condition IV.2., Condition N.3., Condition IVA., Condition IV.S., Condition IV.6., Condition
IV. 7., and Condition IV. 8. shall be submitted annually on or before March 1 st of the year following
the residuals land application event to the following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
11. Noncompliance Notification
The Permittee shall report by telephone to the Ashville Regional Office, telephone number (828)
296-4500, as soon as _possible, but in no case more than 24 hours or on the next working day
following the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence with the distribution program that results in the land application of significant
amounts of wastes which are abnormal is quantity or characteristic.
b. Any failure of the distribution program resulting in a release of material to receiving waters.
WQ0019960 Version 2.0 Shell Version 070228 Page 12 of 14
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.
For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent
failure of a storage structure, etc.) outside normal business hours must 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 (5) 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.
V. GROUNDWATER REOIAREMENTS
1. Land Application Site Re uirements:
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.
VI. INSPECTIONS
Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation
of the subject facilities.
2. 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
Permittec for a period of Eve years from the date of the inspection and shall be made available to the
Division or other permitting authority, upon request.
WQ0019960 Version 2.0 Shell Version 070228 Page 13 of 14
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.
VTI. GENERAL CONDITIONS
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.
Failure to abide by the conditions and limitations contained in this permit may subject the Permittee
to an enforcement action by the Division in accordance with North Carolina General Statutes § 143-
215.6A through § 143-215.6C.
4. The annual administering and compliance fee shall be paid by the Permittee within 30 days after
being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate
action to revoke this permit, as specified by 15 NCAC 2T.0105 (e).
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 government agencies (local, state,
and federal) that have jurisdiction. 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, and any requirements pertaining to
wetlands under 15A NCAC 02B .0200 and 02H .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.
7. 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 the 300' day of August, 2007.
NORTH C TNA E ONMENTAL MANAGEMENT COMMISSION
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0019960
WQ0019960 Version 2.0 Shell Version 070228 Page 14 of 14
ATTACHMENT A - Anoroved Residual Source-Ceneratin2 Facilities
Permit No. WQ0019960 Version 2.0
City of Marion
Facility Residuals Land Application Program+
Owner Facility Name County Permit Number issued By Is 503? Maximum
Monitoring
Monitoriog
Approved
DryTons
Frequency for
Frequency for
Mineralization
Per Year
Condition IV. 2.
Condition IV. 3. and
Rate
Condition IV. 4.
Cityvfmarion Coqxoing CreekWWTP MCDOwell NC0031879 DWQ 503 290.00
Once per pennft cycle
Annually
.30
Total 240.00
Permit No. WQ0019960 Version 2.0 Page 1 of 1 Certification Date: August 30th, 2607
ATTACHMENT 8 - Approved Land Application Sites
Permit Number WQ0019960 Version: 2.0
City of Marion
City of Marion Residuals Land Application Program
FieldrZone Id Owner Lessee
Dominant Applicable Restriction
County Latitude Longitude Net Acreage Soil series In Condition V.1
K-010
Deebold, Anna Sindoni
Deluca, Mario
McDowelI
35°3443"
81051'48"
16.00
Hayesville
GW -A
K -02 b'`
Deebold, Anna Sindoni
Deluca, Mario
McDowell
35034'43"
81051'58"
35.80
Hayesville
GW -A
F -01d
Fisher, James C
Fisher, James C
McDowell
35035'39"
81°51'04"
13.70
Braddock
GW -A
F-02
Fisher, James C
Fisher, James C
McDowell
35035'32"
81°50'60"
4.30
Braddock
GW -A
F-03
Fisher, James C
Fisher, James C
McDoweIl
35035'33"
81°50142"
11.40
Hayesville
GW -A
F-04
Fisher, James C
Fisher, James C
McDowell
35°35'31"
81°5016" 1
8.20
Hayesville
GW -A
R-01
Ross, Nancy Rice
Ross, Nancy Hice
McDowell
35034'40"
8105I'24"
19.40
Hayesville
GW -A
R-02
Ross, Nancy Bice
Ross, Nana Rice
McDowell
35°34'50"
81Q51'20"
22.90
Hayesville
GWA
Total
131.70
'Reduced buffers from residences under separate ownership have been approved for this land application site. Residuals may be land applied to within I00 feet of the
residences owned by Ruby Kelly and to within 200 feet of the residences owned by Sy Thau, regardless of whether a surface or a subsurface application method is used.
b This land application site was previously an apple orchard that has since been converted to pasture land. Tire Division's Aquifer Protection Section has expressed
concern regarding the historical pesticide applications at the site and the fact that these could have adversely impacted 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 the prior contamination before applying
residuals to this site.
'Reduced buffers from residences under separate ownership have been approved for this laud application site. Residuals may be land applied to within 200 feet of the
residences owned by Chia Kee Yang and to within 200 feet of the residences owned by Kenneth D. VanBuskirk, regardless of weather a surface or a subsurface
application method is used.
dA 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 James C. Fisher at 398 Dairy Road in Marion, NC tl.e., indicated by the label 'BRF #1 on the approved buffer map), regardless of whether
a surface or a subsurface application method is used.
Permit No. WQ0019960 Version 2.0 Page 1 of 1 Certification Date: August 30, 2007
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