HomeMy WebLinkAboutWQ0020793_Final Permit_20061201F VN4 A 7-.-
�� Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
>
Q "C Alan W. Klimek, P.E. Director
December 1, 2006
Lanny Stephens
Tyson Farms, Inc.
P.O. Box 1396
Wilkesboro, NC 28697
Subject: Permit No. WQ0020793
Tyson Farms - Hays Hatchery
Evaporation/InfItration Pond
Wilkes County
Dear Mr. Stephens:
Division of Water Quality
In accordance with your permit renewal request received July 28, 2006, we are forwarding
herewith Permit No. WQ0020793, dated December 1, 2006, to Tyson Farms, Inc. for the continued
operation and maintenance of the subject evaporation/infiltration pond.
This permit shall be effective from the date of issuance until November 30, 2011, shall void
Permit No. WQ0020793 issued April 10, 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.
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.
If you need additional information concerning this matter, please contact Matthew Fleahman at
(919) 715-6173.
Sin.cerel ,
-/- Alan W. Klimek, P.E.
cc: Wilkes County Health Department
Winston-Salem Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
APS Central Files
LAU Files
NorthCarolina
'Naturnilf
North Carolina Division of Water Quality 1636 Mail Service Center Raleigh, NC 27699.1636 Phone (919) 715-0295 Customer Service
Internet: www.ncwaterqual4.org 2728 Capital Boulevard Raleigh, NC 27604 FAX (919) 715-6048 1-977-623-6748
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
EVAPORATION/INFILTRATION LAGOON 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
Tyson Farms, Inc.
Wilkes County
FOR THE
continued operation of a 2,100 gallon per day (GPD) wastewater treatment system consisting of an
infiltration/evaporation pond with a surface area of approximately 43,560 square feet (ft) and an average
depth of 6 feet, as well as two (2) 5 horsepower floating mechanical aerators to serve the Tyson Farms,
Inc. Hays Hatchery facility, with no discharge of wastes to the surface waters, pursuant to the application
received July 28, 2006, 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 November 30, 2011, shall void
Permit No. WQ0020793 issued April 10, 2002, and shall be subject to the following specified conditions
and limitations:
I. PERFORMANCE STANDARDS
The evaporation/infiltration lagoon system shall be effectively maintained and operated at all
times so that there is no discharge to the surface waters, nor any contamination of ground waters
which will render them unsatisfactory for normal use. In the event that the facilities fail to
perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take
immediate corrective action, including those actions that may be required by the Division of
Water Quality (Division), such as the construction of additional or replacement treatment or
disposal facilities.
2. 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 facility.
3. The residuals generated from these treatment facilities must be disposed in accordance with
General Statute 143-215.1 and in a manner approved by the Division.
4. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited.
5. The following buffers shall be maintained:
a) 400 feet between the evaporation/infiltration lagoon and any residence or places of public
assembly under separate ownership,
b) 50 feet between the evaporation/infiltration lagoon and property lines,
c) 100 feet between the evaporation/infiltration lagoon and wells,
d) 100 feet between the evaporation/infiltration lagoon and drainageways or surface water
bodies,
c) 50 feet between the evaporation/infiltration lagoon and public right of ways,
f) 100 feet between wastewater treatment units and wells, and
g) 50 feet between wastewater treatment units and property lines.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Upon classification of the wastewater treatment and spray irrigation facilities by the Water
Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall
designate and employ a certified operator to be in responsible charge (ORC) and one or more
certified operator(s) to be back-up ORC(s) of the facilities in accordance with 15A NCAC 8G
.0201. The ORC shall visit the facilities in accordance with 15A NCAC 8G .0204 or as specified
in this permit and shall comply with all other conditions specified in these rules.
3. The facilities shall be effectively maintained and operated as a non -discharge system to prevent
the discharge of any wastewater resulting from the operation of this facility.
4. Freeboard in the evaporation/infiltration lagoon shall not be less than two feet at any time
No type of wastewater other than that from the Hays Hatchery shall be disposed in the
evaporation/infiltration lagoon.
6. Public access to the evaporation/infiltration lagoon shall be controlled during active site use.
Such controls may include the posting of signs showing the activities being conducted at each site
A protective vegetative cover shall be established and maintained on all earthen basin
embankments (outside toe of embankment to maximum pumping elevation), berms, pipe runs,
erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation
shall not be allowed to grow on the earthen basin dikes or embankments. Earthen basin
embankment areas shall be kept mowed or otherwise controlled and accessible.
8. The Permittee shall monitor the level of accumulated solids in the evaporation/infiltration pond
and retain the records on -site. if it is determined that the solids are sufficiently reducing the
active storage/treatment volume of the pond, the Permittee shall properly dispose of all residual
solids as stipulated in Condition I.3.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring deemed necessary by the Division to insure surface and ground water protection
will be established and an acceptable sampling reporting schedule shall be followed.
2. Noncompliance Notification:
The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone number
(336) 771-5000, 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:
K
IV.
a. Any occurrence at the wastewater treatment facility which results in the treatment of
significant amounts of wastes which are abnormal in quantity or characteristic, such as the
dumping of the contents of a basin or tank, the known passage of a slug of hazardous
substance through the facility, or any other unusual circumstances;
b. Any process unit failure, due to known or unknown reasons, that renders the facility
incapable of adequate wastewater treatment, such as mechanical or electrical failures of
pumps, aerators, compressors, etc.;
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass of all
or any portion of the influent to such station or facility; or
d. Any time that self -monitoring information indicates that the facility is not in compliance with
its permit limitations.
Occurrences outside normal business hours may also 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 forth
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.
GROUNDWATER REQUIREMENTS
1. Sampling Criteria:
a. Monitor wells (MW-1, MW-2 and MW-3) shall be sampled every March, July and November
for the parameters listed below. Prior to sampling the parameters, the measurement of water
levels must be taken. The depth to water in each well shall be measured from the surveyed
point on the top of the casing. The measuring points (top of well casing) of all monitoring wells
shall be surveyed relative to a common datum.
Nitrate Total Dissolved Solids (TDS)
Chloride Total Ammonia Nitrogen
Fecal Coliform Water Level
Total Phosphorous pH
b. Any laboratory selected to analyze parameters must be Division of Water Quality (DWQ)
certified for those parameters required.
2. Reporting / Documentation:
a. All reports and documentation (GW-1, GW-30, GW-59) shall be mailed to the following
address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Updated blank forms (GW-1, GW-30, GW-59) may be downloaded from the Groundwater
Section's website at htip://gw.ehnr.state,pc_us/ or requested from the address mentioned above.
b. The results of the sampling and analysis must be received on Form GW-59 (Groundwater
Quality Monitoring: Compliance Report Form) by the Groundwater Section (address listed in
the "Reporting / Documentation" section of the Groundwater Requirements), on or before the
last working day of the month following the sampling month. The data of all groundwater
sampling analyses required by the permit conditions must be reported using the most recent
GW-59 form along with attached copies of the laboratory analyses.
3. Applicable Boundaries:
a. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A
NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary for the
disposal system individually permitted after December 31, 1983 is established at either 250 feet
from the waste disposal area, or 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 according to 15A NCAC 2L
.0106(d)(2).
b. The 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 action in accordance with 15A NCAC 2L
.0106(d)(1).
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper
operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment and disposal 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 three years from the date of the inspection and
shall be made available to the Division or other permitting authority, upon request.
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 disposal 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 maintained under the terms and conditions of this permit,
and may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
This permit is effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
2. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or
there is a name change of the Permittee, 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.
A set of approved plans and specifications for the subject project must be retained by the Permittee
for the life of this project.
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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 thirty (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 15A NCAC 02T .0105(e).
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 (6) 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.
8. This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and
monitoring requirements the Division of Water Quality deems necessary in order to adequately
protect the environment and public health.
Permit issued this the IS` day of December 2006
NORTH C INA E ONMENTAL MANAGEMENT COMMISSION
Ian W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0020793