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HomeMy WebLinkAboutWQ0037487_Final Permit_20150720AUNEWAR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 20, 2015 MR. JAMEs B. Cox MURPHY -BROWN, LLC P.O. Box 856 WARSAW, NC 28398 Subject: Permit No. WQ0037487 Murphy -Brown, LLC Black Dirt Product Distribution of Animal Residual Solids Duplin County Dear Mr, Cox: Donald R. van der Vaart Secretary In accordance with your permit application received on December 3, 2014 and additional information received on May 6, 2015 and June 24, 2015, we are forwarding herewith Permit No. WQ0037487, dated July 20, 2015, to Murphy -Brown, LLC for the distribution and marketing of a fertilizer containing animal waste residuals which meet exceptional quality standards. This permit shall be effective from the date of issuance until June 30, 2020 and shall be subject to the conditions and limitations as specified therein. A permit renewal request is due to the Division of Water Resources (Division) no later than six months prior to that date (i.e., see Condition V. 7.); the Division does not send permit renewal reminders. Be aware that payment of the annual administering and compliance fee, as stipulated in Condition V. 4 does not automatically renew this permit. This permit approves the operation of the program for the distribution of a composted fertilizer/soil amendment product, containing animal residuals, that meets exceptional quality standards and is marketed throughout the State of North Carolina (i.e., in bulk and in bags) for a five-year cycle. Note that this permit does not concurrently provide a license to distribute a fertilizer, as is required by the Fertilizer Section of the NC Department of Agriculture and Consumer Services' Plant Industry Division. More information about applying for this license may be found at: http://www.ncagr.2ov/121antindustry/seedandfertilizer/ 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 30 days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of 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. 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-64641 Internet: http:i/www.ncwater.org An Equal Opportunity 4 Affirmative Action Employer— Made in part by recycled paper If you need additional information concerning this matter, please contact Christine Lawson at (919) 807-6354 or via e-mail at Christinc.Lawson@ncdenr.gov. Sincerely, 29" '� , A for S. Jay Zimmerman, P.G. Director, Division of Water Resources cc: NC Department of Agriculture & Consumer Services -Plant Industry Division (Fertilizer Section) Asheville Regional Office, Water Quality Regional Operations Section Fayetteville Regional Office, Water Quality Regional Operations Section Mooresville Regional Office, Water Quality Regional Operations Section Raleigh Regional Office, Water Quality Regional Operations Section Washington Regional Office, Water Quality Regional Operations Section Wilmington Regional Office, Water Quality Regional Operations Section Winston-Salem Regional Office, Water Quality Regional Operations Section WQROS Central Files 2 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF ANIMAL 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 Duplin County FOR THE operation of a program for the treatment and distribution of up to but less than 3,000 dry tons per year of a dewatered swine lagoon residuals, that meets exceptional quality standards and is marketed throughout the State of North Carolina (i.e., in bulk and in bags). The program shall be operated such that no discharge of wastes to the surface waters occurs, pursuant to this permit and in conformity with the project plan, specifications, Management Plan, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This pen -nit shall be effective from the date of issuance until June 30, 2020, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS The program for the distribution and marketing of a fertilizer containing animal waste products which meet exceptional quality standards shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this program. 2. This pen -nit shall become voidable in the event of failure of the distribution and marketing program to adequately protect the assigned water quality standards of the surface waters and groundwaters. The issuance of this permit shall not relieve the Pennittee of the responsibility for damages to surface or groundwaters resulting from the operation of this program. In the event that the distribution and marketing program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall take any immediate corrective actions as may be required by the Division of Water Resources (Division). 5. When product containing animal residuals is sold or given away for application to the land under the conditions of this permit, one of the Class A pathogen requirements in 40 CFR Part 503.32(a) shall be met. Additionally, an evaluation shall be performed which demonstrates the product's ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted. 6. No product containing any listed hazardous or toxic waste under 40 CFR Part 261 shall be mixed with animal waste residuals and sold or given away for application to the land under the conditions of this permit. 7. The Management Plan submitted with the permit application is hereby incorporated by reference into this Permit. The Management Plan must be consistent with all applicable laws, rules, ordinance, and standards (federal, state, and local) in effect at the time of siting, design, and implementation at each source site. Revisions or modifications to the Management Plan must be submitted to the Division Central Office prior to implementing the change. Any violation of the Management Plan shall be considered a violation of this Permit and subject to enforcement actions. A violation of this Permit may result in the Permittee having to take immediate or long-term corrective action(s) as required by the Division. II. OPERATION AND MAINTENANCE REQUIREMENTS I. The treatment and distribution program shall be properly operated and maintained at all times. 2. No product containing animal residuals other than that generated by the following facilities or those designated by the Permittee as stipulated in Attachment B shall be approved for marketing and distribution in accordance with this permit. 3. The Permittee shall be approved to accept treat/process, market, and distribute animal residuals at additional facilities owned/operated by Murphy -Brown, LLC without prior application and receipt of a permit modification from the Division_ Prior to treatment/processing animal residuals at new facilities, however, the Permittee shall complete the following, minimum items for each facility: a. A sludge plan of action (POA) has been developed by a Certified Technical Specialist and submitted to the Division in compliance with the facility's Permit. The POA must include a dewatering area design or plan as described in Condition 11.4 b. A verification that the volume of waste/residuals to be processed will not cause the Permittee to exceed its maximum processing and distribution/marketing throughput of 3,000 dry tons per year; c. A verification that the waste/residuals do not exceed the ceiling concentrations for the nine metals of concern as stipulated in Condition I1.6; d. For each facility considered for addition to the processing/treatment, marketing and distribution program, the animal waste residuals shall be monitored at the time they are used, disposed of, or prepared for distribution for the density of fecal coliform or Salmonella sp. bacteria to demonstrate compliance with 15A NCAC 02T .I 106(b)(2). 0 e. For each facility considered for addition to the processing/treatment, marketing and distribution program, a verification that the waste/residuals, through the use of pilot -scale testing as described in the Management Plan to demonstrate that the pathogen reduction requirements in 15A NCAC 02T .1106 and one of the vector attraction reduction requirements in 15A NCAC 02T .1107 can be met. No new facilities shall be accepted unless all five of the above -listed pre -acceptance criteria are met. The Permittee shall be responsible for documenting and maintaining records of the pre -acceptance screening process for each new facility for processing and distribution/marketing for a minimum of five years. A copy of these records shall be submitted for review in conjunction with a permit modification application annually or before March I' of each calendar year so that this permit may be updated as stipulated in Condition 111. 7. 4. All dewatering plans, part of the sludge POA, shall meet all of the following criteria: a. Include a site map showing the dewatering/storage areas, lagoons, compliance boundary, managed vegetative buffers, ditches, steams, wells, slope measurement. This document should be added to the Certified Animal Waste Management Plan (CAWMP) for the facility. If the treatment/storage area is located in a waste application field, the Waste Utilization Plan shall be updated in accordance with the facility's Permit. b. Calculated temporary modifications to 25-yr/24-hr storm volume estimates and adjust freeboard limits accordingly. c. Dewatering area to have sufficient slope for drainage to collection leachate and stormwater — slope less than five (5) percent. The dewatering area shall be located at least 50 feet from property boundary. Dewatering area must be designed and constructed to collect all leachate from the dewatering process and all stormwater that enters dewatering storage/area. Leachate and collected stormwater to be pumped to source lagoon. e. Dewatering area must be designed and constructed with a synthetic liner to eliminate seepage. £ Established vegetative buffer prior to staging sludge dewatering area; 30 feet for sites with less than 2% slope; 50 feet for sites with slopes greater than 2% and less than 5%. g. Restrict livestock from accessing dewatering area. h. Dewatering areas must be at least I00 feet from wells and 25 feet from perennial streams and perennial water bodies. i. Treated residuals shall be stored in compliance with the Management Plan. 5. All animal waste residuals shall be adequately stored to prevent leachate runoff prior to, during, and following treatment. Following treatment, processed residuals may be stored in an elevated silo, contained in geornembrane on prepared pad with synthetic liner, placed on a concrete pad, kept under shelter, or covered until such time as it is distributed to the user. If an alternative storage site is to be used, approval shall first be obtained from the Division. 6. For a product containing animal residuals to be sold or given away in bags or other container for application to the land under the conditions of this permit, the following shall be satisfied: The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average Concentrations (Dry Weight Basis) must be maintained: Ceiling Monthly Average Concentrations Concentrations Parameters (ing4g) N9&2 Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Molybdenum 75 ---- Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 7. When distributed under the conditions of this permit, a label shall be affixed to the bag or other container in which the product containing animal residuals is sold or given away for application to the land, or an information sheet shall be provided to the person who receives the product containing animal residuals sold or given away in another container for application to the Iand. The label or information sheet shall contain the following information: a. The name and address of the person who prepared the product containing animal residuals that is sold or given away in a bag or other container for application to the land. b. A statement that application of the product containing animal residuals to the land is prohibited except in accordance with the instructions on the label or information sheet. c. A statement that application of the product containing animal residuals shall not be applied to any land that is flooded, frozen or snow-covered. d. A statement that adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored product containing animal residuals into any surface waters. e. A statement to help prevent direct application of the product containing animal residuals to water supply sources and all other waters of the state. For example, "as with any fertilizer product, do not apply in or near any water supply source or any body of water, including wells, streams, rivers, and Iakes." III. 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. M 2. Proper records shall be maintained by the Permittee to track all distribution activities within the State of North Carolina. These records shall include, but are not necessarily limited to, the following information: a. Source, amount (i.e., volume), and analysis of each product containing animal residuals. b. Name of the initial recipient of the product containing animal residuals, the amount (i.e., volume) distributed, and the intended use. 3. An analysis shall be conducted by the Permittee on each source of animal residuals from the date of permit issuance at the frequency identified in Condition 111.4. The results of all analyses shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include the following parameters: Aluminum Ammonia -Nitrogen Arsenic Cadmium Calcium Copper Lead Magnesium Mercury Molybdenum Nickel Nitrate -Nitrite Nitrogen Percent Total Solids PH Phosphorus Potassium Selenium Sodium Total Kjeldahl Nitrogen Zinc Plant Available Nitrogen (by calculation) After the product containing animal residuals has been monitored for two years at the above - listed frequency, 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 the product containing animal residuals from that source is sold or given away for application to the land during that year. 4. Each source of animal waste residuals product shall be monitored by the Perrnittee for compliance with Conditions I1.3 and 11.6 of this permit. The monitoring cycle shall start on the date of permit issuance, and the results of all analyses shall be maintained on file by the Permittee for a minimum of five years. Data to verify stabilization of the product shall be maintained by the Permittee. The required data shall be specific to the stabilization process utilized, but should be sufficient to demonstrate compliance with Condition 11.3, Condition 11.6, and the Management Plan. In addition, the EPA certification statement concerning compliance with pathogen requirements shall be completed annually by the proper authority or authorities if more than one is involved, either the person who generates the product containing animal residuals or the person who prepares the product to be sold or given away for application to the land. Each animal waste residual source shall be sampled at the intensity shown below for each year that the source distributes animal waste residuals: Metric Tons per 365 day period Minimum # of Samples (Dry Weight Basis) Greater than Zero but less than 290 One Equal to or greater than 290 but less than 1,500 Four Equal to or greater than 1,500 Six Samples should be representative of the source material as distributed. Sampling shall be conducted and results recorded prior to the distribution of animal waste residual products. 7 Laboratory analyses and/or operational data, as required by Condition 11. 3, and Condition 11. 6 shall be performed/gathered on the product containing animal residuals as it is to be distributed. Furthermore, analytical determinations made pursuant to the monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 2H.0800. 6. Three copies of all required monitoring and reporting requirements shall be submitted annually on or before March 1" of the year following the distribution event to the following address: NCDENR-DWR Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 7. Three copies of a permit modification application request shall be submitted annually on or before March I" of each year to the following address: NCDENR-DWR Water Quality Regional Operations Section Animal Feeding Operations 1636 Mail Service Center Raleigh, North Carolina 27699-1636 The purpose of the permit modification shall be to update this permit with all sources that had been accepted by the Permittee through the pre -acceptance screening/approval process stipulated in Condition. 11.3. during the last calendar year. Noncompliance Notification: The Pennittee shall report by telephone to the Water Quality Regional Operations Section of the appropriate Division regional office (i.e., see Attachment A) 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 distribution program that results in the distribution of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the distribution program resulting in a release of material to receiving waters_ c. Any time that self-monitoring information indicates that the distribution program has gone out of compliance with the conditions and limitations of this permit or the parameters on which the facility was designed. d. Any process unit failure, due to known or unknown reasons, that rendes the facility incapable of adequate treatment. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals or product containing animal residuals. Persons reporting such occurrences by telephone shall also file a written report in letterforin within five days following first knowledge- of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. INSPECTIONS The Permittee or his designee shall inspect the storage, transport, and treatment facilities related to the distribution program to prevent malfunctions and deterioration, operator errors and discharges which may cause or lead to the release of wastes to the environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or summary including at least the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for a period of five years from the date of the inspection and shall be made available to the Division or other permitting authority, upon request. 2. 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 distribution program 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. V. GENERAL CONDITIONS This permit shall become voidable unless the distribution program is operated 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 product containing animal residuals described in the application and other supporting data. 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 pennit, as specified by 15 NCAC 2T.01 10 (4). The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (Le., local, state, and federal) which have jurisdiction, including, but not limited to, applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 2B. 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. The Permittee, at least six months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Division shall review the adequacy of the distribution program described therein, and if warranted, shall extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. 9 Permit issued this the twentieth day of July, 2015. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION �JC'_�A for S. Jay Zimmerman, P.G, Director, Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0037487 10 Attachment A DIVISION OF WATER RESOURCES REGIONAL OFFICES Asheville Regional Office Fayetteville Regional Office Mooresville Regional Office WQROS Supervisor WQROS Supervisor WQROS Supervisor 2090 U.S. Highway 70 225 Green Street, Suite 714 610 East Center Avenue, Suite 301 Swannanoa, NC 28778 Fayetteville, NC 28301-5043 Mooresville, NC 28115 Phone. (828) 296-4500 Phone, (910) 433-3300 Phone: (704) 663-1699 Fax: (828) 299-7043 Fax: (910) 486-0707 Fax: (704) 663-6040 Avery Macon Anson Moore Alexander Lincoln Buncombe Madison Bladen Robeson Cabarrus Mecklenburg Burke McDowell Cumberland Richmond Catawba Rowan Caldwell Mitchell Harnett Sampson Cleveland Stanly Cherokee Polk Hoke Scotland Gaston Union Clay Rutherford Montgomery Iredell Graham Swain Haywood Transylvania Henderson Yancey Jackson Raleigh Regional Office WQROS Supervisor 3800 Barrett Drive Raleigh, NC 27609 Phone: (919) 791-4200 Fax: (919) 571-4718 Chatham Durham Edgecombe Franklin Granville Halifax Johnston Lee Nash Northampton Orange Person Vance Wake Warren Wilson Winston-Salem Regional Offiee WQROS Supervisor 450 West Hanes Mill Rd, Suite 300 Winston-Salem, NC 27105 Phone: (336) 776-9800 Fax: (336) 776-9797 Alamance Rocking -barn Alleghany Randolph. Ashe Stokes Caswell Surry Davidson Watauga Davie Wilkes Forsyth Yadkin Guilford Washington Regional Office WQROS Supervisor 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 Fax: (252) 975-3716 Beaufort Bertie Camden Chowan Craven Currituck Dare Gates Greene Hertford Hyde Jones Lenoir Martin Pamlico Pasquotank Perquimans Pitt Tyrell Washington Wayne II Wilmington Regional Office WQROS Supervisor 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Phone: (910) 796-7215 Fax: (910) 350-2004 Brunswick New Hanover Carteret Onslow Columbus Pender Duplin Attachment B No animal waste residuals other than those generated by the following permitted animal operations shall be approved for distribution and marketing in accordance with permit WQ0037487. 12 Permit Volume Facility County/State Number (Dry Tons/Year) Farm 2602-1 Murphy -Brown, LLC Bladen County, NC AWS090086 400 Farm 3090-3 Murphy -Brown, LLC Duplin County, NC AWS310678 400 12