HomeMy WebLinkAboutWQ0031725_Final Permit_20160714Water Resources
ENVIRONMENTAL QUALITY
July 14, 2016
MICHAEL J. PISARIK — SENIOR ENVIRONMENTAL ENGINEER
BAXTER HEALTHCARE CORPORATION
POST OFFICE BOX 1390
MARION, NORTH CAROLINA 28752
Dear Mr. Pisarik:
PAT MCCRORY
Goveynot
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Subject: Permit No. WQ0031725
Baxter Healthcare Corporation RLAP
Land Application of Class B
Residuals (Non -Dedicated)
McDowell County
In accordance with your permit renewal request received March 9, 2016, and subsequent additional
information received April 22, 2016, we are forwarding herewith Permit No. WQ0031725 dated July 14,
2016, to Baxter Healthcare Corporation for the continued operation of the subject residuals management
program. Please note that this renewed permit shall become effective on September 1, 2016 (i.e. the day
after the expiration date of the existing permit).
This permit shall be effective from September 1, 2016 until August 31, 2021, shall void Permit No.
WQ0031725 issued September 18, 2007, and the Attachments A and B certified April 21, 2011, and shall
be subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements listed in Attachments A and B for they may differ from the previous permit
issuance. Failure to establish an adequate system for collecting and maintaining the required operational
information shall result in future compliance problems.
Please note the following permit conditions have been removed since the last permit issuance
dated September 18, 2007:
1. Old Condition W.9. — Length of time records to be kept are part of the condition where records
to be kept specified.
Please quote the following permit conditions are new or have changed since the last permit
issuance dated September 18, 2007:
1. Condition IIL2. —Similar to Old Conditions 11.14. and II.15., but now 48-hour notification
rather than 24-hour notification to be given.
2. Condition III.3. — Notification to be given Asheville Regional Office each time residuals
applied.
3. Condition IlI.4. — Operations and Maintenance (O&M) Plan to be maintained.
State of North Carolina j Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting
1617 Mail Service Center ! Raleigh, North Carolina 27699-1617
919 807 6464
Mr. Michael J. Pisarik
July 14, 2016
Page 2 of 2
4. Condition IIl.5. — Similar to Old Condition 11I.5., but now copy of permit and O&M plan to be
kept on site (rather than in each manned vehicle).
5. Condition III. I I.I. — Bulk residuals not to be applied if agronomic rate exceeded.
6. Condition IV.7.d. — Additional record of approximate area on which residuals applied is to be
kept.
7. Condition V1.6. — Similar to Old Condition VI.6., but now 60-day notification required before
permit modified or revoked.
8. Condition VI.7. — Expansion of facility not allowed without variance if Permittee has exhibited
behavior detrimental to environment.
If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall 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 at 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 permit, please contact Troy Doby at (919) 807-
6336 or troy. dpbncdenr. ov.
Sincerely,
�Z. �,
S. Jay Zimmerman, P.G., Director
U Division of Water Resources
cc: McDowell County Health Department (Electronic Copy)
Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Zach Key — Southern Soil Builders, Inc. (Electronic Copy)
Beth Buffington — Protection and Enforcement Branch (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
IIJANDoM'111
LAND APPLICATION OF CLASS B RESIDUALS PERMIT (NON -DEDICATED)
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
Baxter Healthcare Corporation
McDowell County
FOR THE
continued operation of a residuals management program for Baxter Healthcare Corporation and consisting
of the land application of Class B residuals generated by the approved facilities listed in Attachment A to
the approved sites listed in Attachment B with no discharge of wastes to surface waters, pursuant to the
application received March 9, 2016, and subsequent additional information received by the Division of
Water Resources, and in conformity with other supporting data subsequently Fled and approved by the
Department of Environmental Quality and considered a part of this permit. The use and disposal of residuals
are regulated under Title 40 Code of Federal Regulations Part 503. This permit does not exempt the
Permittee from complying with the federal regulations.
This permit shall be effective from September 1, 2016 until August 31, 2021, shall void Permit No.
WQ0031725 issued September 18, 2007, and the Attachments A and B certified April 21, 2011, and shall
be subject to the following specified conditions and limitations:
I. SCHEDULES
1. 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 Rule 15A
NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application.
[15A NCAC 02T .0108(b)(2), 02T .0105(d), 02T .0109]
II. PERFORMANCE STANDARDS
The subject residuals management program shall be effectively maintained and operated at all times so
there is no discharge to surface waters, nor any contravention of groundwater or surface water
standards. In the event the facilities fail to perform satisfactorily, including the creation of prolonged
nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease
land applying residuals to the site, contact the Asheville Regional Office supervisor, and take any
immediate corrective actions. [G.S. 143-215.11
WQ0031725 Version 2.0 Shell Version 160210 Page 1 of 13
This permit shall not relieve the Permittee of responsibility for damages to groundwater or surface
water resulting from the operation of this residuals management program. [15A NCAC 02B .0200,
02L .0100]
3. Only residuals generated by the facilities listed in Attachment A are approved for land application in
accordance with this permit. [G.S. 143-215.1]
4. Only the sites listed in Attachment B are approved for residuals land application. [G.S. 143-215.11
5. Pollutant concentrations in residuals applied to land application sites listed in Attachment B shall not
exceed the following Ceiling Concentrations (i.e., dry weight basis) or Cumulative Pollutant
Loading Rates (CPLRs):
Parameter
Ceiling Concentration
(milligrams per kilogram)
CPLR
(pounds per acre)
Arsenic
75
36
Cadmium
85
34
Copper
4,300
1,338
Lead
840
267
Mercury
57
15
Molybdenum
75
n/a
Nickel
420
374
Selenium
100
89
Zinc
7,500
2,498
The Permittee shall determine compliance with the CPLRs using one of the following methods:
a. By calculating the existing cumulative level of pollutants using actual analytical data from all
historical land application events of residuals, or
b. For land where residuals application have not occurred or for which the required data is incomplete,
by determining background concentrations through representative soil sampling.
[I5A NCAC 02T .11051
6. Residuals that are distributed shall meet Class B pathogen reduction requirements in 15A NCAC 02T
.1106 (a) and (b)(2). Exceptions to this requirement shall be specified in Attachment A. [15A NCAC
02T .1106]
7. Biological residuals (i.e. residuals generated during the treatment of domestic or animal processing
wastewater, or the biological treatment of industrial wastewater, and as identified in Attachment A)
that are land applied shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T
.1107(a). Exceptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1107]
WQ0031725 Version 2.0 Shell Version 160210 Page 2 of 13
8. Setbacks for treatment and storage facilities shall be as follows:
Setback Description
Setback
feet
Habitable residence or place of public assembly under separate ownership or not
100
to be maintained as part of the project site
Property lines
50
Private or public water supply
100
Surface waters (streams — intermittent and perennial, perennial waterbodies, and
50
wetlands)
Wells with exception to monitoring wells
100
[ 15A NCAC 02T .11081
9. Setbacks for Class B land application sites shall be as follows:
Setback by application type
(feet)
Setback Description
Vehicular
Irrigation
Surface
Surface
Injection /
Application
Application
Incorparation
Habitable residence or place of public assembly
under separate ownership or not to be maintained as
400
400
200
art of the project site
Habitable residence or places of public assembly
owned by the Permittee, the owner of the land, or the
0
200
0
lessee/operator of the land to be maintained as part
of the project site
Property lines
50
150
50
Public right of way
50
50
50
Private or public water supply
100
100
100
Surface waters (streams — intermittent and perennial,
100
100
50
perennial waterbodies, and wetlands)
Surface water diversions (ephemeral streams,
25
100
25
waterways, ditches
Groundwater lowering ditches (where the bottom of
25
100
25
the ditch intersects the SHWT)
Subsurface groundwater lowering system
0
100
0
Wells with exception to monitoring wells
100
100
100
Bedrock outcrops
25
25
25
Top of slope of embankments or cuts of two feet or
15
15
15
more in vertical height
Building foundations or basements
0
15
0
Water lines
0
10
0
Swimming pools
100
100
100
Nitrification fields
0
20
0
[15A NCAC 02T .11081
WQ0031725 Version 2.0 Shell Version 160210 Page 3 of 13
10. Land application areas shall be clearly marked on each site prior to and during any residuals application
event. [15A NCAC 02T .0108(b)(1)]
11. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance
of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen
requirements based on the determined Realistic Yield Expectations (RYE) using any of the following
methods:
a. Division's pre -approved site specific historical data for specific crop or soil types by calculating
the mean of the best three yields of the last five consecutive crop harvests for each field.
b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State
University Department of Soil Science (htW�//nutrients.soil. nesu.edu/yields/index.php). A copy
shall be kept on file and reprinted every five years in accordance with Condition IV.5.
c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE
and appropriate nutrient application 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 the Senate Bill 1217 Interagency Group - Guidance
Document: Chapter I
(http://www.ncag_r.gov/SWC/tech/documents/9th_Guidance_Doe_100109 pd.
iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation
Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management
Standards (ftp://ftp-fc.sc.egov.usda. _ov/NHO/practice-standards/standards/590 pdf)
d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall
contact the Division to determine necessary action.
[15A NCAC 02T .I 109(b)(1)(k)]
12. When residuals are land applied to grazed pasture, hay crop realistic nitrogen rate shall be reduced by
25% in accordance with the USDA -MRCS 590 Nutrient Management Standards. [15A NCAC 02T
.0108(b)(1)]
13. If land application sites are to be over -seeded or double -cropped (e.g., bermuda grass in the summer
and rye grass in the winter with both crops to receive residuals), then the second crop can receive an
application of PAN at a rate not to exceed 50 pounds per acre per year (lbs/ac/yr). This practice may
be allowed as long as the second crop is to be harvested or grazed. If the second crop is to be planted
for erosion control only and is to be tilled into the soil, then no additional PAN shall be applied. [15A
NCAC 02T .0108(b)(1)]
14. Prior to land application of residuals containing a sodium adsorption ratio (SAR) of 10 or higher, the
Permittee shall obtain and implement recommendations from at least one of the following. the local
Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural
Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The
recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a
mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee shall
maintain written records of these recommendations and details of their implementation. [ 15A NCAC
02T .0108(b)(1)]
WQ0031725 Version 2.0 Shell Version 160210 Page 4 of 13
Q
15. These residuals land application sites were individually permitted on or after December 30, 1983;
therefore, the compliance boundary is established at either 250 feet from the residual land application
area, or 50 feet within the property boundary, whichever is closest to the residual land application area.
An exceedance of groundwater standards at or beyond the compliance boundary is subject to
remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in
accordance with North Carolina General Statute 143-215.6A through 143-215.6C. Any approved
relocation of the COMPLIANCE BOUNDARY will be noted in Attachment B. [15A NCAC 02L
.0107(a)]
16. The review boundary shall be established midway between the compliance boundary and the residual
land application area. Any exceedance of groundwater standards at the review boundary shall require
action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0108]
OPERATION AND MAINTENANCE REQUIREMENTS
The residuals management program shall be properly maintained and operated at all times. The
program shall be effectively maintained and operated as a non -discharge system to prevent any
contravention of surface water or groundwater standards. [15A NCAC 02T .1110]
2. The Asheville Regional Office, telephone number (828) 296-4500, and the appropriate local
government official (i.e., county manager, city manager, or health director) shall be notified at least 48
hours prior to the initial residuals land application to any new land application site. Notification to the
regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding
State Holidays. [15A NCAC 02T .0108(b)(1)]
3. The Asheville Regional Office shall be notified via email or telephone, (828) 296-4500, at least 24
hours prior to conducting any land application activity. Such notification shall indicate, at a minimum,
the anticipated application times, field IDs, and location of land application activities. If it becomes
necessary to apply to additional fields due to unforeseen events, the Regional Office shall be notified
prior to commencing the application to those fields. [15A NCAC 02T .0108(b)(1)]
4. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) Modifications
to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan,
at the minimum, shall include:
a. Operational functions;
b. Maintenance schedules;
c. Safety measures;
d. Spill response plan;
c. Inspection plan including the following information:
i. Names and/or titles of personnel responsible for conducting the inspections;
ii. Frequency and location of inspections, including those to be conducted by the ORC, and
procedures to assure that the selected location(s) and inspection frequency are representative
of the residuals management program;
iii. Detailed description of inspection procedures including record keeping and actions to be taken
by the inspector in the event that noncompliance is observed pursuant to the noncompliance
notification requirements under the monitoring and reporting section of the permit;
f. Sampling and monitoring plan including the 'following information:
L Names and/or titles of personnel responsible for conducting the sampling and monitoring;
ii. Detailed description of monitoring procedures including parameters to be monitored;
WQ0031725 Version 2.0 Shell Version 160210 Page 5 of 13
iii. Sampling frequency and procedures to assure that representative samples are being collected.
Fluctuation in temperature, flow, and other operating conditions can affect the quality of the
residuals gathered during a particular sampling event. The sampling plan shall account for any
foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to
meet pathogen and vector attraction reduction requirements (e.g. facilities that land apply
multiple times per year but have an annual sampling frequency, may need to sample during
winter months when pathogen reduction is most likely to be negatively affected by cold
temperatures).
[15A NCAC 02T .1100]
Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the facility, the Permittee shall designate and employ a certified operator in responsible
charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC
08G A201. The ORC or his back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204,
or as specified in the most recently approved O&M plan (i.e., see Condition III. 4.), and shall comply
with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and
designation requirements, please contact the Division of Water Resources' Protection and Enforcement
Branch at (919) 707-9105. [15A NCAC 02T .0117]
6. When the Permittee land applies bulk residuals, a copy of this permit and a copy of O&M Plan shall be
maintained at the land application sites during land application activities. [ 15A NCAC 02T
.0108(b)(1)]
7. When the Permittee transports or land applies bulk residuals, the spill control provisions shall be
maintained in all residuals transport and application vehicles. [15A NCAC 02T .1110]
8. Residuals shall not be stored at any land application site, unless written approval has been requested
and received from the Division. [G.S. 143-215.11
9. When the Permittee land applies bulk residuals, adequate measures shall be taken to prevent wind
erosion and surface runoff from conveying residuals from the land application sites onto adjacent
properties or into surface waters. [G.S. 143-215.11
10. When the Permittee land applies bulk residuals, a suitable vegetative cover shall be maintained on land
application sites onto which residuals are applied, or application shall be 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 an agronomist and as approved
by the Division. [15A NCAC 02T .1109(b)(1)]
WQ0031725 Version 2.0 Shell Version 160210 Page 6 of 13
11. Bulk residuals shall not be land applied 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;
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 a residuals land application event;
f. During a measurable precipitation event (i.e., greater than 0.01 inch per hour), or within 24 hours
following a rainfall event of 0.5 inches or greater in a 24-hour period;
g. If the slope is greater than 10% for surface applied liquid residuals, or if the slope is greater than
18% for injected or incorporated bulk liquid residuals;
h. If the soil pH is not maintained at 6.0 or greater, unless sufficient amounts of lime are applied to
achieve a final soil pH of at least 6.0, or if an agronomist provides information indicating that the
pH of the soil, residuals and lime mixture is suitable for the specified crop. Any approved variations
to the acceptable soil pH (6.0) will be noted in this permit;
i. If the land does not have an established vegetative cover unless the residuals are incorporated or
injected within a 24-hour period following a residuals land application event. Any field that is in a
USDA no -till program shall be exempted from meeting this vegetative cover requirement;
j. If the vertical separation between the seasonal high water table and the depth of residuals
application is less than one foot;
k. If the vertical separation of bedrock and the depth of residuals application is less than one foot;
1. Application exceeds agronomic rates.
[ 15A NCAC 02T .1109]
12. The following public access restrictions apply to residual land application sites:
a. Public access to public contact sites (e.g., golf courses, parks, ball fields, etc.) shall be restricted
for 365 days after a residuals land application event;
b. Public access to non-public contact sites shall be restricted for 30 days after a residuals land
application event.
[15A NCAC 02T .1109(b)(2)]
13. Public access controls shall include the posting of signs with a minimum area of 3 square feet (e.g.,
1.5' x 2'). Each sign shall indicate the activities conducted at each site, permit number, and name and
contact information, including the Permittee or applicator's telephone number. Signs shall be posted
in a clearly visible and conspicuous manner at the entrance to each land application site during a land
application event, and for as long as the public access restrictions required under Condition I11.12.
apply. [15A NCAC 02T .0108(b)(1)]
WQ0031725 Version 2.0 Shell Version 160210 Page 7 of 13
14. The following harvesting and grazing restrictions apply to residual land application sites after each
land application event:
Harvesting and Grazing Description
Restricted
Duration
Animals shall not be allowed to graze during land application activities and
restricted period. Sites that are to be used for grazing shall have fencing to
30 days
prevent access after each land application event.
Food crops, feed crops and fiber crops shall not be harvested for:
30 days
Turf grown on land where residuals have been applied shall not be harvested for:
12 months
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.)
14 months
shall not be harvested for:
When the residuals remain on the land surface for four months or longer prior to
incorporation into the soil, food crops with harvested parts below the land
surface (e.g., root crops such as potatoes, carrots, radishes, etc.) shall not be
20 months
harvested for:
When the residuals remain on the land surface for less than four months prior to
incorporation into the soil, food crops with harvested parts below the land
3 8 months
surface shall not be harvested for:
[15A NCAC 02T .1109(b)(3)]
15. The Permittee shall acquire from each landowner or lessee/operator a statement detailing the volume
of other nutrient sources (i.e., manufactured fertilizers, manures, or other animal waste products) that
have been applied to the site, and a copy of the most recent Nutrient Management Plan (NMP) 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 calculate allowable nutrient
loading rates based on the provided information and use appropriate reductions.
For the purpose of this permit condition, a Crop Management Plan (CMP), Waste Utilization Plan
(WUP) or Certified Nutrient Management flan (CLAMP) shall also be considered a Nutrient
Management Plan. [ 15A NCAC 02T A 108(b)(1), 02T .1104(c)(4)]
16. No residuals shall be land applied unless the submitted Land Owner Agreement Attachment (LOAA)
between the Permittee and landowners or lessees/operators of the land application site is in full force
and effect. These agreements shall be considered expired concurrent with the permit expiration date,
and shall be renewed during the permit renewal process. [ 15A NCAC 02T .1104(c)(4)]
WQ0031725 Version 2.0 Shell Version 160210 Page 8 of 13
IV. MONITORING AND REPORTING REQUIREMENTS
1. Any Division -required monitoring (including groundwater, plant tissue, soil and surface water
analyses) necessary to ensure groundwater and surface water protection shall be established, and an
acceptable sample reporting schedule shall be followed. [15A NCAC 02T .0108(c)]
2. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation
and Recovery Act (RCRA). Residuals that tests or is classified as a hazardous or toxic waste under 40
CFR Part 261 shall not be used or disposed under this permit. The analyses [corrosivity, ignitability,
reactivity, and toxicity characteristic leaching procedure (TCLP)] shall be performed at the
frequency specified in Attachment A, and the Permittee shall maintain these results for a minimum of
five years. Any exceptions from the requirements in this condition shall be specified in Attachment A.
The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter
is in parentheses):
Arsenic (5.0)
1,4-Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
1,1-Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5.0)
Chlordane (0.03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide)
(0.008)
Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5-Trichlorophenol (400.0)
m-Cresol (200.0)
Lead (5.0)
2,4,6-Trichlorophenol (2.0)
o-Cresol (200.0)
Lindane (0.4)
2,4,5-TP (Silvex) (1.0)
p-Cresol (200.0)
Mercury (0.2)
Vinyl chloride (0.2)
Cresol (200.0)
Methoxychlor (10.0)
2,4-D (10.0)
Methyl ethyl ketone (200.0)
Once the residuals have been monitored for two years at the frequency specified in Attachment A, the
Permittee may submit a permit modification request to reduce the frequency of this monitoring
requirement. In no case shall the monitoring frequency be less than once per permit cycle.
[I 5A NCAC 13A .0102(b), 02T .1101, 02T .1105]
WQ0031725 Version 2.0 Shell Version 160210 Page 9 of 13
3. An analysis shall be conducted on residuals from each source generating facility at the frequency
specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years.
The analysis shall include the following parameters:
Aluminum
Mercury
Potassium
Ammonia -Nitrogen
Molybdenum
Selenium
Arsenic
Nickel
Sodium
Cadmium
Nitrate -Nitrite Nitrogen
Sodium Adsorption Ratio
(SAR)
Calcium
Percent Total Solids
TKN
Copper
pH
Zinc
Lead
Phosphorus
Magnesium
Plant Available Nitrogen
(by calculation)
[I 5A NCAC 02T. 1101]
4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction
requirements at the frequency specified in Attachment A, and at the time indicated in the sampling and
monitoring sections of the approved O&M plan. The required data shall be specific to the stabilization
process utilized, and sufficient to demonstrate compliance with the Class B pathogen reduction
requirements in 15A NCAC 02T .1106 (a) and (b)(2), and one vector attraction reduction requirement
in 15A NCAC 02T .1107 (a) shall be met. Any exceptions from the requirements in this condition shall
be specified in Attachment A. [ 15A NCAC 02T .1106, 02T .1107, 02T .1111(c)]
An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on
each land application site listed in Attachment B on which a residuals land application event will occur
in the respective calendar year. This analysis shall be in accordance with the "Guidance on Soil
Sampling" located in the Sampling Instructions section of the NC Department of Agriculture &
Consumer Services' website (http://www.ncagr.gov/agronomi/Xubs.htm). The Permittee shall maintain
these results and a description of the sampling methodologies used to determine soil fertility for a period
of no less than five years, and shall be made available to the Division upon request. At a minimum, the
Standard Soil Fertility Analysis shall include the following parameters:
Acidity
Exchangeable Sodium Percentage
Phosphorus
Base Saturation (by calculation)
Magnesium
Potassium
Calcium
Manganese
Sodium
Cation Exchange Capacity
Percent Humic Matter
Zinc
Copper
pH
[15A NCAC 02T .1 111(d)]
6. Laboratory parameter analyses shall be performed on the residuals as they are land applied, and shall
be in accordance with the monitoring requirements in 15A NCAC 02B .0505. [15A NCAC 02B ,0505]
WQ0031725 Version 2.0 Shell Version 160210 Page 10 of 13
7. The Permittee shall maintain records tracking all residual land application events. At a minimum, these
records shall include the following:
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. Approximate areas applied to (acres);
e. Method of land application;
f. Weather conditions (e.g., sunny, cloudy, raining, etc.);
g. Predominant Soil Mapping Unit (e.g., CbB2);
h. Soil conditions (e.g., dry, wet, frozen, etc.);
i. Type of crop or crops to be grown on field;
j. Nitrogen Application. Rate based on RYEs (if using data obtained from the North Carolina State
University Department of Soil Science Website, the printout page shall be kept on file and reprinted
every five years);
k. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, or wet
ton per acre;
1. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, or
wet tons per acre;
m. Volume of soil amendments (e.g., lime, gypsum, etc.) applied in gallons per acre, dry ton per acre,
or wet tons per acre; and
n. 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.
[15A NCAC 02T .0109(a)]
8. Three copies of an annual report shall be submitted on or before March 11. The annual report shall
meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms.
Instructions for reporting and annual report forms are available at
http://Portal.ncdenr,or web/wq/aps/lau/reporting, or can be obtained by contacting the Land
Application Unit directly. The annual report shall be submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T .1111(a)]
WQ0031725 Version 2.0 Shell Version 160210 Page 11 of 13
9. Noncompliance Notification
The Permittee shall report by telephone to the Asheville 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. Land application of residuals abnormal in quantity or characteristic.
b. Any failure of the land application program resulting in a release of material to surface waters.
c. Any time self -monitoring indicates the facility has gone out of compliance with its permit
limitations.
d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of
adequate residual treatment.
e. Any spill or discharge from a vehicle or piping system during residuals transportation.
Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of
a storage structure, etc.) outside normal business hours shall 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 days
following first knowledge of the occurrence. This report shall outline the actions taken or proposed to
betaken to ensure that the problem does not recur. [15A NCAC 02T .0105(l), 02T ,0108(b)(1)]
V. INSPECTIONS
I. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
subject facilities and shall be in accordance with the approved O&M Plan. [15A NCAC 02T .0108(b)]
2. Prior to each bulk residuals land application event, the Permittee or his designee shall inspect the
residuals processing, storage, transport and application facilities to identify malfunctions, facility
deterioration and operator errors that could result in discharges to the environment, a threat to human
health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum,
the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions
taken. The Permittee shall maintain this inspection log for a period of five years from the date of
inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T
.0108(b)]
3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the land application sites or facilities permitted herein
at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy
any records required to be maintained under the terms and conditions of this permit; and may collect
groundwater, surface water or leachate samples. [G.S. 143-215.3(a)(2)]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to
143-215.6C. [G.S. 143-215.6A to 143-215.6C]
2. This permit shall become voidable if the residuals land application events are not carried out in
accordance with the conditions of this permit. [15A NCAC 02T .0110]
3. This permit is effective only with respect to the nature and volume of residuals described in the permit
application and other supporting documentation. [G.S. 143-215.1]
WQ0031725 Version 2.0 Sbell Version 160210 Page 12 of 13
4. 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 jurisdictional government agencies
(e.g., local, state, and federal). 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; any requirements pertaining to wetlands under 15A
NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter
143 of the General Statutes. [ 15A NCAC 02T .0105(c)(6)]
In the event the residuals program changes ownership or the Permittee changes his name, a formal
permit modification request shall be submitted to the Division. This request shall be made on official
Division forms, and shall include appropriate documentation from the parties involved and other
supporting documentation as necessary. The Permittee of record shall remain fully responsible for
maintaining and operating the residuals program permitted herein until a permit is issued to the new
owner. [15A NCAC 02T .0104]
6. This permit is subject to revocation or unilateral modification upon 60-day notice from the Division
Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [ 15A NCAC 02T .0110]
7. Unless the Division Director grants a variance, expansion of the permitted residuals program contained
herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b).
[I5A NCAC 02T .0120]
8. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay
the annual fee accordingly shall be cause for the Division to revoke this permit. [15A NCAC 02T
.0105(e)(3)]
Permit issued this the 14' day of July 2016
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Jay Zimmerman, P.G., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0031725
WQ0031725 Version 2.0 Shell Version 160210 Page 13 of 13
THIS PAGE BLANK
ATTACHMENT A - Approved Residual Sources
Baxter Healthcare Corporation RLAP
Certification Date: July 14, 2016
Permit Number: WQ0031725 Version: 2.0
Monitoring
Monitoring
Biologic
Maximu
Frequency for
Monitoring
Frequency for
Permit
al
in Dry
Non-
Frequency for
Pathogen &
Approved
Owner
Facility Name
County
Number
Residua
Tons Per
hazardous
Metals and
Vector
Mineralizat
Is
Year 1
Characteristic
Nutrients 3
Attraction
ton Rate
s Z
Reductions 4
Baxter Healthcare Corporation
North Cove Steam
Generation Plant
McDowell
NC0006564
Yes
200
Annually
Annually
Annually
0.3
Total
200
1. Maximum Dry Tons per Year is the amount of residuals approved for land application from each permitted facility.
2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2.
3. Testing of metals and nutrients as stipulated under permit Condition IV_3.
4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition WA
If no land application events occur during a required sampling period (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 annual report shall include an explanation for missing sampling data. Those required to submit the annual
report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarification.
WQ0031725 Version 2.0 Attachment A Page 1 of 1
THIS PAGE BLANK
ATTACHMENT B - Approved Land Application Sites
Certification Date: July 14, 2016
Baxter Healthcare Corporation
Permit Number: WQ0031725 Version: 2.0
Field/ Site
Owner
Lessee
County
Latitude
Longitude
Acret a
Dominant Soil Series
Footnotes
DP1-A
Poplin, Douglas Leon; Poplin, Rebecca
Wilkes
36.2348600
-80.9443600
5.5
FcC2 - Fairview
1,2
DP1-13
Poplin, Douglas Leon; Poplin, Rebecca
Wilkes
36.2348600
-80.9431000
1.6
FcC2 - Fairview
1,3
DPI-C
Poplin, Douglas Leon; Poplin, Rebecca
Wilkes
36.2366700
-80.9454700
3.0
FcC2 - Fairview
1, 4
DPI-D
Poplin, Douglas Leon; Poplin, Rebecca
Wilkes
36.2367000
-80.9456000
9.6
FcC2 - Fairview
1, 5
DP2
Poplin, Douglas Leon; Poplin, Rebecca
Wilkes
36.2366700
-80.947690"
0.8
FCB2 - Fairview
1, 6
DP3
Poplin, Douglas Leon; Poplin, Rebecca
Wilkes
36.2420700
-80.941020a
14.6
FcB2 - Fairview
1,7
DP4
Poplin, Douglas Leon; Poplin, Rebecca
Wilkes
36.2402700
-8093879W
8.7
FcB2 - Fairview
1,8
DP5
Poplin, Douglas Leon; Poplin, Rebecca
Wilkes
36.2366600
-80.9410200
15.9
FcC2 - Fairview
1,9
DP6
Poplin, Douglas Leon; Poplin, Rebecca
Wilkes 1
36.2384700 1
-80.9432400
5.5
FcC2 - Fairview
1,10
DP7
Poplin, Douglas Leon; Poplin, Rebecca
Wilkes
36.240270°1
-80.943240°
4A
FcC2 - Fairview
1, 11
Total
69.6
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
See Figure 1.
See Figure 2,
See Figure 3,
See Figure 4.
See Figure 5.
See Figure 6.
See Figure 7.
See Figure 8.
See Figure 9.
See Figure 10.
See Figure 11.
WQ0031725 Version 2.0 Attachment B Page l of 1
Z �r »
J.
iLAU r ;
v^`
,-� . ! -'+ : Fur }:'� �• { .Tit .7ik{kr �- � F-�, ��,
.91
L-'
"• 3
C ir• a ��►�1�%iI�
DP5
DP4
Y.. 4%, 6.
- 40 e
. y. ��,� r !� r'�'J �� ✓fit ,
y�Yr
tjoplin, Douglas. Site Ov
Parcel fd- 0602427
Wilkes County, NC
m ➢:i69 _An ddiR
Y
i
r •'-•-- Property Boundary
500' Parcel Buffer
41 11 ,�; Field Boundary
AL
USGS Stream
House . .
'M
4 G Wellep
i• a
- a
Figure 1
500 1,000 2,001) Feet
i i - 1 - I_ - ! Produced
_ North Carolina Stateplane, NA083 Shaffer Soil:
rr�E
5
ust 2015
ices, Inc.
' The Compliance Boundary is established either 250 feet from the perimeter of the residuals application area or 50 feet within
the }property boundary. whichever is closer. Elie Review Boundary is established midway between the Compliance Boundary
t and the perimeter of the residuals application area
A.
' ; ! OJT/'✓�%l; �,' f; "f - �•-,'�„ ',r �:� ti y �_r../
/�i ff///} {OJT})''f/✓/ � r!��frjrf `s `r f r ,,i
A
DPI
r, rr ,J., ,, acres
AXY
J r J f
fiBuffers
f' r J .•t
Z.
Perennial rearn ( 0®') I
o -' House 100: f
{ }i9 House 400
We
Property Boundary
-Field Boundary p Norse it
USGS Stream c Well
�i6kow M Unused Area t�
r-loplin, Douglas- Site Evaluation Field
Meld: DPI -A
Acres. 5 5 o tzs zoo Boa Feel Figure 2
E
Wilkes County NC ... ,...._._,. __.. L��.. i,ea_.�i�.� m _.�. s tV y a. _ _ i_w__ Produced August 2015
Soil Services, Inc.
38.23364,-$Q.64244 North Carolina Stale lane NAD83 Shaffer �„ �, �„�4
The Compliance Boundary is established either 250 feet From the perimeter of the residuals application area or 50 feet within
the property boundary, whichever is closer The Review Boundary is established midway between the Compliance Boundary
and the perimeter of the residuals application area
1rF r
x.
fi ,r
A
N
f s � f f f•
UN B
�f,%% f�` F.� r 1.-� �r�i=� /�.•
' /,/ �;/;,f✓f' ' �'f ; fir /��: .�, i. -,�< r
j/Jj/ r � jjjj
. ✓ rJ� / f�/ff / �'�i�'�
''ti ✓d/�, t',�.•��',��T` 'r �. / ff /� ' � %ram.
J,o a
Buffers
Perennial Stream (100') �
House ] 00!)
r.; House 400
Well ( 01}
•� . -r,� �r0 arty Bpunda �^f����
roplin, Douglas- Site Evaluation Field Map
Field- DP1-B
Acres: 1 6
Field Boundary
USGS Stream
NC'Ori ��2 LInused kea
Board
0 125 250 500 Feet
Wilkes County. NC L_ .. , _j
L� Ilcaus��
o Well
N
Figure 3
Produced Au4ust 2015
3B.23A99 80.94d59 _ North Carolina Vat eplane,,,NA083 81
The Compliance Boundary is established either 250 feet from the perimeter of the residuals application area or 50 feet within 7�
the property boundary, whichever is closer. The Review Boundary is established midway between the Compliance Boundary ;,�'�".
i
,•fir and the perimeter of the residuals application area. _
'X
j
I 'C
3.0 acres
Poplin, Dd4dias:.Site Evaivati
Field. DPI -C�;c'�
Acres: 3.0 1
Vbunty NC'
aR 939dt� -an �SdRoa
Buffers
Perennial
Strq')
House
IDQ'
House
4DD'
Well (1
D)
Property Boundaq
Field Boundary
- - USGS Stream
MC on ® Unused Area
leia map
0 i2s ? 0 806 fleet
- = p House
J e Well
Figure-4
5
Prod u st 2015
Shaffei Soll'Se'ry ces. Inc.
i, The Compl ianee Boundary is established cither 25-0 feet Irom the perimeter of the residuals application area or 50 feet within
the property boundary, whichever is closer The Review Boundary is established midway between the Compliance Boundary
an r of the residuals application area
i' — -77�e
V
Y
Icy*
acres
I 1A
44
4r.
'.
JY
U
_sJ� -A
1 �"V9"
Perennial Stream (100')
House (100'
House W4) 01ell (1�
1. -1 Property Boundary — i .&. ,;.
—Field Boundary I A m6u§6.., p-
-USGSStream ip Well f
= Unused Area dj IP
Poplin, Douglas- Site Evaluat' M. Field Map
Field: DPI-Q
Acres, 9.6 0%
Wilkes County, Nd
d Analysis, NC 9 11 Board
ProdUZIdAugust Garv'srae Ins
The Compliance Boundary is established either 250 feet from the perimeter of the residuals application area or 50 feet within
ii the property boundary, whichever is closer The Review Boundary is established midway between the Compliance Boundary � l
p
and the perimeter of the residuals application area.
71
- . 1406.
-rieS'Jyfl�—_
qj
• � ar ,
r
Ilk-
4 IT
y
e,
i
Y�
FAI
Buffers
Housed Z0�' "(1i10')
.A House 400`
Well (1 0)
• Property Boundary
Field Boundary I � A Ho
us
-N USGS Stream �• .r e Well..
Nclo ® Unused Area
Poplin, Douglas: Site Evaluation Field Map
Field Di'2 'S � aF r I tiL. r -M � �w F1 ..
Acres.0.8 0 125 25 } r
ne
Wilkes Cownty. NC L _ _ _-_ .. lr: a=.• _ roduced AU i�st 20 15
36.235291-$0.94fi5__4 �. d�,. _ _ ••n �e North Carolina StaieplaneNRD83 �y Shaffer Soil Services, InC.
DP
1-4.6- ti cares
The Compliance Boundary is established either 250 feet from the perimeeei of the residuals application area or 50 feet within
the property boundary, whichever is closer The Review Boundary is established midway between the Compliance Boundary
and the perimeter of the residuals application area.
f,;.
Buffers
Perennial Stream (1.00')
House (100')
House (400'
Well (100')
Property Boundary
Field Boundary A douse
USGS Stream Well
® Unused Area
ropiln, douglas. Site Evaluation Field Map N
Field: DP3
Acres: U.6 0 125 250 Sao Feet Figure 7
Mikes County. NC i_ 1 _ 7 - 1 c r 1 1 Produced August201
36.24022,-8Q_9400 North Caralirsa Siatepiane, MAD83 Shaffer Sot! Servic25, ini
The Compliance Boundary is established either 250 feet from the perimeter of the residuals application area or 50 feet within
the property boundary, whichever is closer.. The Review Boundary is established midway between the Compliance Boundary
and the perimeter of the residuals application area.
_.._-- _. -. _�.
J ,f
f
N/
,r t ? a '� � � ' `✓moo �' A `' ,✓/' ����
/ t /
Perennial Stream (100')
House 100'
:fie `• f ; House 400'
Well (1 0')
Property Joundary
Field Boundary Q House
USGS Stream Well
Area
y Unused
Poplin, Douglas: Site Evaluation Field Map N
Field:OP4 Figure 8
Acres: $.7 a 125 s 600 Feet e
Wilkes County NC 1 LU Produced August 2011
36.23854-80,63787 North Cw < �lAf7&3 � �_W _ Shaffer Soil Services, Inc
Buffers
Perennial Stream (100')I
LJ iiL.. ifnnt�
The nda
the p �j p ui �y ,)ow, iry whw'
and the perimeter of the reside.
in, Douglas:
DP5
15.9
i nG 4evaew Boundary :s e;c: mi6way between the t omphaace Boundary
=�aon area,
Field Map
Figure 9
0 125 250 500 Feet
NC L_ _. t - - t r i_ r r I I Produced August 2015
The Corpliance Boundary is established either 250 feet from t ,
perimeter of the residuals application area or 50 feet within
the pry '.,y boundary. whichever is closer. The Review Boor
� is established midway between the Compliance
Boundary _
duals application area_
J.
•�, ,, r r r
r
s
'oplin, Douglas: Site Evaluation Field Map
!eld: DP5
Gres; 5.5
County, NO
0 125 250
�Ljffers
Perennial Stream (100')
House 100'
House 400'
Well. (1 0)
- Property Boundary
Field Boundary
USGS Stream
'772UnusedArea
House
Well
N
Figure 10
500 Feet s
J Produced August 2015
The Compliance Boundary is established either 250 feet from the perimeter of the residuals application area of 50 feet within
the property boundary, whichever is closer. The Review Boundary is established midway between the Compliance Boundary
and the perimeter of the residuals application area.
,s
e
I 4A acces
I Amekx*
} iOf'Jr l/
,,1✓ I� ///, Buffers
perennial Stream (100`)
' ' ✓ House 100'
} . House 400'
Property Boundary
Field Bounds
ry A Mouse
r ---- USGS Stream o Well
NC ® Unused Area �
f •,�j ,� Bo®rd
Poplin, Douglas: Site Evalua#ion Field Map
Field. DP7 Figure 1 ]
Acres,ure 4.4 0 125 250 500 Feet g 5
Wilkes County, NC 1 I I I 1 I �_ A_ I Produced Auaust 2015