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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 An Equal Opportunity/Affirmative Action Employer — 50%Recycled/10% post Consumer Paper 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. 4 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