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HomeMy WebLinkAboutWQ0030998_Final Permit_20091209n HCDGNR North Carolina Department of Einvironment and Natural Resources Beverly Eaves Perdue Govemor MR. ERIC SMITH, OWNER TRIPLE S FARMS & CLEANING, INC. POST OFFICE BOh 709 BEULAVILLE, NORTH CAROLINA 28518 Dear Mr. Smith: Division of Water Quality Coieen H. Sullins Director December 9. 2009 SCANNED DATE: 1 1 �' Subject: Permit No. WQ0030999 Dee Freeman Secretary Triple S Farms & Cleaning. Inc. Triple S Farms & Cleaning Residuals Land Application Program Land Application of Residual Solids (503) Duplin County In accordance with your permit modification request received November 2, 2009, we are forwarding herewith Permit No. WQ0030998, dated December 9, 2009, to Triple S Farms and Cleaning, Inc. for the continued operation of the subject land application of residuals solids program. This permit is being modified by the addition of an extra source (Town of Wallace WWTP) and three new fields (Fields 3, 4 & 5, totaling 30.6 new acres). On August 5, 2009, Session Law 2009-406, entitled "An Act to Extend Certain Government Approvals Affecting the Development of Real Property Within the State," was enacted by the General Assembly and signed into law. The Act. known as the Permit Extension Act of 2009, extends the expiration date of certain government approvals and permits. The subject permit fails within the scope of this Act and is therefore being extended until January 31; 2015. This permit shall be effective from the date of issuance until January 31, 2015, shall void Permit No. WQ0030998 issued February 9. 2007 and modifications to Attachments A & B that were issued on February 26, 2008, 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. New permit requirements are: 1. Condition IV.9. — all records are to be retained for a minimum of five years Condition VL7. — allows the permit to be revoked or unilaterally modified under certain circumstances AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard. Raleigh North Carolina 27604 an` rai�o�illa Phoney 919-733.3221 1 FAX 1: 919-715-0588. FAX 2. 915-715.6048 \ Customer Service: 1-87i-623-6748 Interne;ww w.ncwateraualih+.om No11 rt�� l /}� /h An 5ouai omnnnnn% Afrirmauv r,uunr, cmnioy� 4AIatu all y I Mr. Eric Smith December 9. 2009 Page 2 of 2 v Condition VI.8. - prohibits the permitted facilities from being expanded if there are certain '.Now issues, unless a variance is granted by the Director of the Division Attachment B requires that Field Number 3 be amended with lime to offset lo-.;• pH conditions, and that the trees on Fields Number 4 and 5 be thinned if and when their growth impedes the distribution of residuals. 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. Please contact the Aquifer Protection Section by telephone or e-mail, at your earliest convenience, if you are subsequently submitting additional or updated information that we are not expecting as part of an application submittal. If you need additional information concerning this matter, please contact David Goodrich at (919) 715-6162 or david.goodrich@ncdenr.gov. Sincerely, ILfor oleen H. Sullins cc: Duplin County Health Department Wilmington Regional Office, Aquifer Protection Section Bob Branch, Branch Residuals & Soils, LLC, 8646 West Market Street — Suite 111. Greensboro. NC 27409 Technical Assistance and Certification Unit APS Central Files LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH LAND APPLICATION OF RESIDUAL SOLIDS PERMIT (503) 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 Triple S Farms and Cleaning, Inc. Duplin County FOR THE continued operation of a residuals land application program for Triple S Farms and Cleaning, Inc. 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 application package received on November 2, 2009 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 January 31, 2015, shall void Permit No. WQ0030998 issued February 9, 2007 and modifications to Attachments A & B issued February 26, 2008, and shall be subject to the following specified conditions and limitations: I. SCHEDULES [please review the entire permit for reporting, monitoring, and other on -going activities] l . No later than six .months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. R. PERFORMANCE STANDARDS 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 WQ0030998 Version 1.2 Shell Version 090204 Page I of 14 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 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 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 The Permittee shall determine compliance with the cumulative pollutant loading rates using one of the following methods: a. Use site specific analytical data from all historical land application events not otherwise exempted. b. 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 WQ0030998 Version 1.2 Shell Version 090204 Page 2 of 14 6. When residuals are land applied under the conditions of this permit, the Class B pathogen reduction requirements 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. 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. a. For residuals treatment and storage facilities, the following minimum setbacks shall be maintained (all distances in feet): Description of Setback Setback i. Habitable residence or place of public assembly under separate ownership or not to be maintained as part of the project site 100 ii. Property lines 50 iii. Private or public water supply 100 iv. Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands) 50 v. Wells with exception to monitoring wells 100 WQ0030999 Version 1.2 Shell Version 090204 Pase 3 of 14 b. When land applying residuals to any land application site, the following setbacks shall be maintained (all distances in feet): Setback by type of application Surface Surface Application Application by Injection / 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 400 400 200 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 0 200 0 iii. Property lines 50 150 50 iv. Public right of way 50 50 50 v. Private or public water supply 100 100 100 vi. Surface Waters (streams — intermittent and perennial, perennial waterbodies, and wetlands) 100 100 50 vii. Surface water diversions (ephemeral streams, waterways, ditches) 25 100 25 viii. Groundwater lowering ditches (where the bottom of the ditch intersects the SHWT) 25 100 25 ix. Subsurface groundwater lowering system 0 100 0 x. Wells with exception to monitoring wells 100 100 100 xi. Bedrock outcrops 25 25 25 xii. Top of slope of embankments or cuts of two feet or more in vertical height 15 15 15 xiii. Building foundations or basements 0 15 0 xiv. Waterlines 0 10 0 xv. Swimming pools 100 100 100 xvi. Nitrification fields 0 20 0 Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a residuals land application event. 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 of the following methods: North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science. The Department webpage is located at: http://nutrients.soil.ncsu.eduivields/ 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. WQ0030998 Version 1.2 Shell Version 090204 Page 4 of 14 C. If the RYE cannot be determined using methods 9(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: http://www.enr.state.nc.us/DSWC/pages/guidance docs.html. iii. Certified Nutrient Management Plan as outlined by Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards, which are available at: ft ):Hfip-fc.sc.eizov.usda.uov/NHO/practice-standards/standards/590.1)df. e. 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 or doublecropped (e.g., bermuda grass in the summer and rye grass in the winter with BOTH crops to receive residuals or corn and small grain both 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. 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 ten (10) or higher), the Permittee shall obtain and implement recommendations from the local Cooperative Extension Office, the Departrtient of Agriculture and Consumer Services, the Natural Resource Conservation Service, a North Carolina -licensed Soil Scientist, or other agronomist regarding sodium application rate, 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 maintain written records of each monitoring event that includes details of the sites covered and rate of soil amendment application. WQ0030998 Version 1.2 Shell Version 090204 Page 5 of 14 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 15A 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 http://www.enr.state.nc.us/html/reaionaloffices.html. III. OPERATION AND MAINTENANCE REQUIREMENTS 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. 2. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to 15A NCAC 02T .1110 including operational functions, maintenance schedules, inspection plan, sampling and monitoring plan, safety measures, and a spill response plan. The inspection portion of the plan shall include the following information: a. Names of personal responsible for conducting the inspections b. Description of inspection plan describing how the frequency of inspections and location of inspections are determined to assure that inspections are representative of land application program. c. Description of record keeping requirements meeting requirements of permit Conditions IV.9. d. Description of required actions meeting the requirements of permit Condition IV. 11 to be taken by the inspector in the event that noncompliance is observed during an inspection. WQ0030998 Version 1.2 Shell Version 090204 Page 6 of 14 The sampling and monitoring portion of the plan shall include the following information: e. Names and position of personnel responsible for conducting the sampling and monitoring; f. Required sampling frequency specified in Attachment B of the permit; Description of sampling and monitoring procedures to gather representative sampling for each sampling period. Note that fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals. The sampling plan must account for any foreseen fluctuations in compost residuals quality, and indicate sampling times accordingly to ensure compliance during the most limiting times (e.g. small facilities that apply multiple times per year, but have an annual sampling frequency may need to sample and document compliance with the pathogen reduction requirements during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). Any modification to the O&M Plan shall be approved by the Division. The most recent O&M Plan shall be submitted to the Wilmington Regional Office for review and approval. In the event that the residuals land application program is not operated satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, 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 .0201. 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 revoked 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. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored residuals into any surface waters. 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. 10. 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 Act or its designated critical habitat; WQ0030998 Version 1.2 Shell Version 090204 Page 7 of 14 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; 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 of the land is greater than 10 percent when bulk liquid residuals are surface applied,* and if the slope of the land is greater than 18 percent when 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 are 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; 1. Application exceeds agronomic rates. 11. For land onto which bulk residuals are applied that do not meet the Class A Pathogen Reduction Requirements (15A NCAC 02T .1106(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. Such controls may include the posting of signs indicating the activities conducted at each site; b. Public access to land that is not a public contact site shall be restricted for 30 days after any residuals land application event. Such controls may include the posting of signs indicating the activities conducted at each site. 12. For land onto which bulk residuals are applied that do not meet the Class A Pathogen Reduction Requirements (15A NCAC 02T .1106(b)), the following harvesting and grazing restrictions apply: WQ0030998 Version 1.2 Shell Version 090204 Page 8 of 14 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 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; 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. 13. 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 in 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. 14. 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 NMPs must be provided only for those operations where a NMP is required by the US Department of Agriculture — National Resources Conservation Service (NRCS) 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. 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 WQ0030999 Version 1.2 Shell Version 090204 Page 9 of 14 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 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 particular source -generating facility are insufficient to require a land application event during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no land application occur during an entire year when annual monitoring is required), then no sampling data is required during the period of inactivity. The Permittee shall submit an annual report, as required in condition IV. 10., even in the event that no land application events occur during an entire year; the annual report shall include an explanation for missing sampling data. 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 reduce the frequency 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 Magnesium pH Mercury Plant Available Nitrogen (by calculation) WQ0030998 Version 1.2 Shell Version 090204 Page 10 of 14 Arsenic Cadmium Calcium Copper Lead Sodium Adsorption Ratio (SAR) Molybdenum Nickel Nitrate -Nitrite Nitrogen Phosphorus Potassium Selenium Sodium % Total Solids TKN Zinc If residuals generated by a particular residuals source -generating facility are insufficient to require a land application event during a required sampling period as specified in the most recently -certified Attachment A of this permit. the Permittee shall make up the missed sampling either by taking additional samples during land application events previous to a planned period of inactivity or by taking additional samples during land application events immediately following the period of inactivity. If no land application events occur during a complete calendar year, the Permittee need not make up the missed sampling events for that year. The Permittee shall submit an annual report, as required in condition IV. 10., even in the event that no land application events occur during an entire year. The annual report shall include an explanation of additional sampling data intended to compensate for periods of inactivity, or an explanation for missing sampling data. 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 II. 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 reduction requirements in 15A NCAC 02T .1106 (a) and (b) or the Class B pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (c), and one vector attraction reduction requirement 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 II. 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 WQ0030998 Version 1.2 Shell Version 090204 Page 11 of 14 Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., and Condition IV. 4. shall be performed/gathered on the residuals as they are to be land applied. 7. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., Condition IV. 4., and Condition IV. 5. shall be in accordance with 15A NCAC 02B .0505. 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, wet tons 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, wet tons per acre, or kilograms per hectare (if applicable); and m. Annual and cumulative totals in 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 for a minimum of five years. 10. Three copies of an annual report shall be submitted on or before March 1'. The annual report shall meet the requirements described in the Instructions For Residuals Application Annual Reporting Forms. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http://h2o.enr.state.nc.us/lau/compliance.html, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 WQ0030998 Version 1.2 Shell Version 090204 Page 12 of 14 11. Noncompliance Notification The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215, 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 land application program which results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the land application program resulting in a release of material to receiving waters. c. Any time that self -monitoring information indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate residual treatment. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals. Any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside of 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. INSPECTIONS 1. 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 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. 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. WQ0030998 Version 1.2 Shell Version 090204 Page 13 of 14 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. 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. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. Unless the Division Director grants a variance, expansion of the permitted facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). 9. 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 along with 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 9th day of December, 2009. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION CgWen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0030998 WQ0030998 Version 1.2 Shell Version 090204 Page 14 of 14 AT TACIIMENT A - Approved Residual Sources Permit Number: WQ0030998 Version: 1.2 Triple S Farms & Cleaning, Inc. Land Application Program Certification Date: 12/09/09 Monitoring Monitoring Frequency Frequency for Maximum for Condition IV. 3. Approved Permit is Dry Tons Condition and Condition 1V. Mineralization Owner Facility Name County Number Issued By 503? Per Year IV. 2. 4. a Rate Town of Rose Town of Rose Hill Hill WWTP Du lin NCO056863 DWQ 503 51.51 Annually Annually .30 Town of Kenannsville Kenansville WWTP Du lin NCO036668 DWQ 503 60.00 Annuall Annually .30 Town of Wallace Wallace WWTP Duplin N00020702 DWQ 503 100.00 Annually Annually .30 Total 1 211.51 a Monitoring frequencies are based on the actual dry tons applied per year, unless specified. The Monitoring Frequency Requirements 'Table below shall be used to determine appropriate sampling frequency. The Permittee is responsible for managing program to assure that adequate sampling is performed. Monitoring Frequency Requirements Dry Tons Generated (short tons per year) Monitoring Frequency (Established in 40 CFR 503 and 15A NCAC 02T .1111) <319 1 /Year =>319 - <1,650 1/ Quarter 4 times per ear =>1,650 - <16,500 1/60 Days 6 times per ear =>16,500 1/month 12 times per ear WQ0030998 Version 1.2 Attachment A Page I of I MAN ATTACHMENT B - APPROVED LAND APPLICATION SITES Permit Number: WQ0030998 Version: 1.2 Triple S Farms & Cleaning, Inc. — Triple S Farms & Cleaning Land Application Program Certification Date: 12/09/09 Field/ Site Owner Lessee County Latitude Longitude Net Acreage Dominant Soil Series I "Triple S Fanns & Cleaning, Inc. Duplin 34054'30" 78000'47" 29.50 NoA- Norfolk 2 'rriple S Fanns & Cleaning, Inc. Duplin 34054'44" 78"00'50" 8.14 FoA - Foreston 3" rriple S Fanns & Cleaning, Inc. Duplin 34054'42" 78000'59" 19.2 FoA - Foreston 41' "Triple S Farms & Cleaning, Inc. Duplin 34054'49" 78001 *09" 2.7 FoA - Foreston 5" Triple S Farnis & Cleaning, Inc. Duplin 34°54'50" 78001'01" 8.7 FoA - Foreston Total 68.24 " Field # 3 shall be amended with Iime to offset a low pli condition that was disclosed by soil suitability testing. ' Field # 4 and Field # 5 shall be thinned of trees, as appropriate, if and when the growth of the trees impedes the distribution of residuals. WQ0030999 Version 1.2 Attachment B Page 1 of I p ti: /� r`,j�•-i. - �,� Lam•- - 1 ,�" - d �\ t- - :rt/ w_ ,..r% Cam•.` : ' ._ ..1 ,J�=�' , - ; �'1 � J'r � � � '" cam,i \ .�-��_�.,,�t _��••` L •._-1 . ' _. �r } :f/' �_i_..f'� ? "� ? r' { Rns' Fipt4?�y2 :5 . �-• r ✓'N115 j1r J� 4 `•. •-� l ' _ i fi:Mn _ PY -.� �/ j rFje i - ram/ `• - ._r..�••. V!' ,1 .. ela el ,��,.rField Jam^ �- . L: ' i t- - ;�• A : Cem 1 J I l ut —mac` //�: '%-' � - � � 1 '� t�__.. � ! f � ; ' �" � ( �',.• -•ten 14 Vt ' �t-i-= �,r�. •,:.-' -,mot_ mow""- ('/f' , � —, - ' y `* ` `" -� FIGURE 1 sCAL� i^ = 2000r TriPle TRIPLE S FARMS & CLEANING, INC. C,[F:CKFI) BY: Rm Lan LAND APPLICATION PROGRAM DUA%%,' RTB BRANCHDUPLIN COUNTY RESIDUALS 1): TE- Oct - 2009 & SOILS, LLC project N. W00030998 LOCATION MAP FOR SITES 1, 2, 3, 4 & 5 shy Y- j�"�+ •it i ?. —L • � �� rr rf 1h' � ■ I I 4 I I r Field Field 2 li' r ;e �ti r I Field 3 1 J . +� L.T _ l � •M L e�T•e a�� �Ji fry ,4� .r'-. � � r r �p ..try r L � r SCALE 1 " u 400' CHECKED BY: RT13 DRAWN M 1ZTB PATE: Oct - 2009 ter'{ r Field I �f FIGURE 2 Tripi TRIPLE S FARMS & CLEANING, INC. L LAND APPLICATION PROGRAM BRANCH DUPLIN COUNTY RESIDUALS VI'QO(130998 SOILS, LLC P����o TOPOGRAPHIC MAP FOR SITES 1. 2.3. 4 & L W,4tf A A� J� ............. ............. ............. Y* Field 1 . ....... . .. ..... . v 19 q 4-- �Vl %L K Legend Reviem Boundary Compliance Boundar-v Fields Roads Ditch E' Soil Borin- Stream Parcel Lines FIGURE 3 TRIPLE S FARMS & CLEANING, INC. 7-7 BU er U LAND APPLICATION PROGRAM P,--CE1VED/0ENR,TVvr-, 6w\ T DUPLIN COUNTY AnuKow r-owT1rr- t�eajor ('h.L.I 6, RTb WOOO-30998 IDE: 70OF RTB DETAIL MAP FOR SOILS L-,-C7 SITES 1. 2,3,4 & 5