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HomeMy WebLinkAboutWQ0034397_Final Permit_20100226NCDEHR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Colleen H. Sullins Governor Director February 26, 2010 MR. KRAIG WESTERBEEK — VP EHS COMPLIANCE MuRPHY-BROWN, LLC P.O. Box 856 WARSAw, NORTH CAROLINA 28398 Dear Mr. Westerbeek: Dee Freeman Secretary Subject: Permit No. W00034397 Murphy -Brown, LLC Bladen/Scotland Residuals Program Land Application of Residual Solids Bladen/Scotland Counties In accordance with your permit application request received October 5, 2009, and subsequent additional information received January 20, 2010, we are forwarding herewith Permit No. WQ0034397, dated February, 2010, to Murphy -Brown, LLC for the operation of the subject land application of residuals solids program. This permit shall be effective from the date of issuance until January 31, 2015, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. Please pay special attention to the following permit requirements: Condition I.1. requires the Permittee to submit the name and certification number for the certified land applier who will oversee the land application of residuals prior to beginning residuals application activities. Condition I.2. — requires the Permittee to submit revised buffer maps for all land application fields showing the review and compliance boundaries in accordance with 15A NCAC 02T .1104(c)(B) within ninety (90) days of permit issuance. Condition H1.15. prohibits the application of lagoon residuals from swine farms to the fields listed in the most recently certified Attachment B of this permit unless an approved Plan of Action has been submitted to and approved by the Animal Feeding Operations Unit and the Land Application Unit of the Aquifer Protection Section. AQUIFER PROTECTION SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919-733-3221 1 FAX 1: 919-715-0588; FAX 2: 919-715-60481 Customer Service: 1-877-623-6746 Internet: www.rr watemualitv.oro A:, Equal Oppommay 1Aifirmative A.M*on Employer Noi thCarolina Naturally Mr. Kraig Westerbeek \ February 26, 2010 Page 2 of 2 If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this -permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made this permit shall be final and binding. If you need additional information concerning this matter, please contact Lori Montgomery at (919) 715-6187 or lori.montgomery@ncdenr.gov. Sincerely, �f oleeKH. Sullins cc: Bladen County Health Department Scotland County Health Department Fayetteville Regional Office, Aquifer Protection Section Technical Assistance and Certification Unit APS Central Files LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RALEIGH LAND APPLICATION OF RESIDUAL SOLIDS PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Murphy -Brown, LLC Bladen and Scotland Counties operation of a residuals land application program for Murphy -Brown, LLC 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 application package received on October 5, 2009 as well as the additional information received on January 20, 2010 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, 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) Prior to truck washing residuals from the generating sources listed in the most recently certified Attachment A being land applied to the sites listed in the most recently certified Attachment B, Murphy -Brown, LLC shall submit the name and certification number for the certified land applier who will oversee the land application of residuals to the Fayetteville Regional Office, Aquifer Protection Section, 225 Green Street, Systel Bldg., Suite 714, Fayetteville, NC 28301. 2. Within ninety (90) days of permit issuance, revised buffer maps shall be submitted for all land application fields showing the review and compliance boundaries in accordance with 15A NCAC 02T .1104(c)(B). Review and compliance boundaries shall be drawn in accordance with the definitions given in 15A NCAC 02L .0107 and .0108. Revised buffer maps shall be submitted to: Division of Water Quality, Aquifer Protection Section, 1636 Mail Service Center, Raleigh, NC 27699. W00034397 Version 1.0 Shell Version 090204 Page I of 14 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. H. PERFORMANCE STANDARDS 1. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this residuals land application program. 2. Only residuals generated by the residuals source -generating facilities listed in the most recently - certified Attachment A of this permit shall be approved for land application. 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 WQ0034397 Version 1.0 Shell Version 090204 Page 2 of 14 FI 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 6. 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 art of the project site 100 ii. Property lines - 00 iii. Private or public water su 1 100 iv. Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands 50 v. Wells with exception to monitoring wells 100 W00034397 Version 1.0 Shell Version 090204 Page 3 of 14 b. When land applying residuals to any land application site, the following setbacks shall be maintained (all distances in feet): Specific residuals land application area boundaries shall be clearly marked on each land application site prior to and during a residuals land application event. 8. 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: a. 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: htip://nutri ents. soil.ncsu.edti/yields/ 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. WQ0034397 Version 1.0 Shell Version 090204 Page 4 of 14 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. 8. 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: a. 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: htip://nutri ents. soil.ncsu.edti/yields/ 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. WQ0034397 Version 1.0 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: htti)://www.enr.state.nc.us/DSWC/­P-ages/wfidance 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: ftt):Hftv-fc.sc.egov.usda gov/NHO/practice-standards/standards/590 pdf. 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. 9. 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. 10. 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 Department 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. WQ0034397 Version 1.0 Shell Version 090204 Page 5 of 14 11. 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. 12. 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). 13. 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. 14. 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.ne.us/litml/reizionaloffices.html. M. . 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 the 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. W00034397 Version 1.0 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; g. Detailed description of sampling and monitoring procedures for the collection of representative samples. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event and must be considered when preparing this description. The sampling plan must account for any foreseen fluctuations in 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 activity 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 Fayetteville 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. 8. Adequate procedures shall be provided to prevent surface runoff from carrying any land applied or stored residuals into any surface waters. 9. 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; W00034397 Version 1.0 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, application shall not take place 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; 11. For land onto which bulk residuals are applied that do not meet the Class A Pathogen Reduction Requirements (15A NCAC 02T.1 106(b)), the following public access restrictions apply: a. Public access to public contact sites shall be restricted for one calendar year after any residuals land application event. 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: 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; WQ0034397 Version 1.0 Shell Version 090204 Page 8 of 14 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 (MRCS) or other State Agencies. The Permittee shall rely on the provided information to calculate appropriate reductions in allowable nutrient loading rates. If the calculation shows that the agronomic rates in the NMP (including PAN) have already been met or exceeded on a field, no additional residuals shall be land applied to that field. 15. Lagoon residuals from swine farms shall not be land applied to the fields listed in the most recently certified Attachment A of this permit unless an approved Plan of Action has been submitted to and approved by the Animal Feeding Operations Unit and the Land Application Unit of the Aquifer Protection Section. 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. W00034397 Version 1.0 Shell Version 090204 Page 9 of 14 Residuals generated by each residuals source -generating facility listed in the most -recently -certified Attachment A of this permit shall be analyzed to demonstrate that they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted on residuals generated by each 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 1V. 9. 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. WO0034397 Version 1.0 Shell Version 090204 Page 10 of 14 3. An analysis shall be conducted on residuals generated by each residual source -generating facility listed in the most recently certified Attachment A of this permit. The analysis shall be performed at the frequency specified in the most recently certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Ammonia -Nitrogen . Arsenic Cadmium Calcium Copper Lead Sodium Adsorption Ratio (SAR) Magnesium Mercury Molybdenum Nickel Nitrate -Nitrite Nitrogen Phosphorus Potassium pH Plant Available Nitrogen (by calculation) 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, no sampling data is required during the period of inactivity. The Permittee shall submit an annual report, as required in Condition IV. 9. 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. After the residuals generated by a particular residuals source -generating facility have been monitored for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may submit a request to the Division for a permit modification to reduce the frequency of this monitoring requirement. In no case, however, shall the frequency of this monitoring be less than once per year when a residuals land application event occurs during that year. 4. 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 Exchangeable Sodium Percentage (by calculation) Calcium Magnesium Phosphorus Cation Exchange Capacity Manganese Potassium Copper Percent Humic Matter Sodium Base Saturation (by calculation) pH Zinc 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. 6. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., and Condition IV. 4. shall be in accordance with 15A NCAC 02B .0505. W00034397 Version 1.0 Shell Version 090204 Page 11 of 14 Proper records shall be maintained by the Permittee tracking all residuals land application events. These records shall include, but are not necessarily limited to, the following information: a. Source of residuals; b. Date of land application; c. Location of land application (i.e., site, field, or zone number as listed in Attachment B); d. Method of land application; e. Weather conditions (e.g., sunny, cloudy, raining, etc.); f. Predominant Soil Mapping Unit (e.g., CbB2); g. Soil conditions (e.g., dry, wet, frozen, etc.); h. Type of crop or crops to be grown on field; i. Nitrogen Application Rate based on RYES. j. Volume of residuals land applied in gallons per acre, cubic yard per acre, dry tons per acre, wet ton per acre, or kilograms per hectare; k. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per acre, 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. 8. All records required as part of this permit shall be retained for a minimum of five years. 9. Three copies of an annual report shall be submitted on or before March l'`. 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 10. Noncompliance Notification The Permittee shall report by telephone to the Fayetteville Regional Office, telephone number (910) 433-3300, 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. WQ0034397 Version 1.0 Shell Version 090204 Page 12 of 14 CI 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. 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. 3. 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. VI. GENERAL CONDITIONS This permit shall become voidable unless the residuals land application events are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. WQ0034397 Version 1.0 Shell Version 090204 Page 13 of 14 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 NCG010000, 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 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 260' day of February, 2010. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COfeen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0034397 WO0034397 Version 1.0 Shell Version 090204 Page 14 of 14 ATTACHMENT A - Approved Residual Sources Permit Number: WQ0034397 Version: 1.0 Murphy -Brown, LLC Certification Date: February 26, 2010 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 Pennittee 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 Maximum Monitoring Monitoring Approved Permit Issued Dry Tons Frequency for Frequency for Mineralization Owner Facility Name County Number By is 503? Per Year Condition IV.2. " Condition IV.3. e Rate Murphy -Brown LLC Laurinburg Truck Wash Scotland W00030190 DWQ No 1,000 Quarterly Quarterly 0.50 White Oak Murphy -Brown LLC Trailer Wash Bladen WQ0014091 DWQ No 500 Quarterly Quarterly 0.50 Tarheel''railer Murphy -Brown LLC Wash Bladen W00011360 DWQ No 500 Quarterly Quarterly 0.50 Total 2,000 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 Pennittee 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 - <l 6,500 I/60 Days (6 times per year) =>16,500 1 /month (12 times per year) W00034397 Version lA Attachment A Page 1 of t THIS PAGE BLANK ATTACHMENT B - APPROVED LAND APPLICATION SITES Permit Number: WQ0034397 Version: 1.0 Murphy -Brown, LLC — Bladen/Scotland Residuals Program Certification Date: February 26, 2010 Field/ Site Owner Lessee County Latitude Longitude Net Acreage DominantSoil Series AMMONI Murphy -Brown LLC Bladen 34°49'12" 78034'12" 15.10 Foreston loamy sand AMMON2 Murphy -Brown LLC Bladen 34049'12" 78034'12" 6.90 Foreston loamy sand CHICKFTI Murphy -Brown LLC Bladen 34045'00" 78050'24" 3.80 Butters fine sand, 0 to 2% slopes CHICKFT2 Murphy -Brown LLC Bladen 34045'00" 78050'24" 5.44 Goldsboro sandy loam, 0 to 3% slopes LAURNFMI Murphy -Brown LLC Scotland 34045'36" 79024'36" 4.86 Norfolk loamy sand, 0 to 2% slopes MCGIRTSI Murphy -Brown LLC Scotland 34048'36" 79023'24" 6.90 Autryville Total 43.00 W00034397 Version 1.0 Attachment B Page I of I DEPARTMENT 07' THE 'I E,,RI';R GEOLOGICAL. 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