WQ0017321_Final Permit_20190219

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
February 19, 2019
MICHAEL MATTINGLY — FACILITY SUPERINTENDENT
CARGILL, INCORPORATED
5000 SOUTH BOULEVARD
CHARLOTTE, NORTH CAROLINA 28217-2700
Subject: Permit No. WQ0017321
Cargill DCAR
Distribution of Class A
Residuals
Mecklenburg County
Dear Mr. Mattingly:
In accordance with your permit renewal request received October 29, 2018, and subsequent
additional information received December 19, 2018, we are forwarding herewith Permit No. WQ0017321
dated February 19, 2019, to Cargill, Incorporated for the subject residuals management program. Please
note that this renewed permit shall become effective on March 1, 2019 (i.e., the day after the expiration
date of the existing permit).
Please note that the Permittee is prohibited from directly distributing Class A residuals for
marketing and land application. Accordingly, the requirements for testing and monitoring the residuals
have been removed from the permit. If the Permittee wants to distribute the residuals to individuals or
organizations who would apply them or to market the residuals to non -permitted facilities, the permit
will have to be modified to require testing and monitoring of the residuals for a number of parameters
and characteristics in accordance with regulations.
This permit shall be effective from March 1, 2019 through May 31, 2024, shall void Permit No.
WQ0017321 issued July 25, 2013, and shall be subject to the conditions and limitations as specified therein.
The Permittee shall submit a renewal application no later than December 3, 2023.
Please pay particular attention to the monitoring requirements listed in Attachment A for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required information shall result in future compliance problems.
Please note that on September 1, 2018, North Carolina Administrative Code Title 15A Subchapter
02T — Waste not Discharged to Surface Waters was readopted. Accordingly, this permit incorporates the
requirements of these rules, therefore, please take the time to review this permit thoroughly.
The Division has removed the following permit conditions since the last permit issuance dated
July 25, 2013:
➢ Old Condition II.3. — This condition has been removed because the Permittee is prohibited from
marketing or distributing Class A residuals.
�North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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Mr. Michael Mattingly
February 19,2019
Page 2 of 2
➢ Old Condition I1.4. — Redundant since covered in Old Condition III.1. and Condition III.1. and
III.2.d.
➢ Old Condition III.3. — This is not a surface disposal site, so the condition does not apply.
➢ Old Condition III.6. — This condition has been removed because the Permittee is prohibited
from directly distributing Class A residuals for marketing and land application. Any
acceptance of these residuals at a composting or horticulture facility is the responsibility of the
receiving entity to ensure that all permit requirements are met.
➢ Old Condition VI.2. — This condition has been removed because the subject permit is not
voidable.
The following permit conditions are new since the last permit issuance dated July 25, 2013:
➢ Condition 1.1. — The Permittee is expressly prohibited from directly distributing Class A
residuals for marketing and land application. The Permittee shall obtain Division approval
prior to distributing Class A residuals.
➢ Condition II1.2. — The Permittee shall maintain an Operation and Maintenance (O&M) Plan.
➢ Condition VI.3. — This condition states that unless specifically requested and approved in the
permit, there are no variances to administrative codes or general statutes governing the
construction or operation of the permitted facilities.
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. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Troy Doby at (919) 707-
3665 or troy.dobykncdenr.gov.
Sincerely,
-pLmda Culpepper, Director
U Division of Water Resources
cc: Mecklenburg County Health Department (Electronic Copy)
Mooresville Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
DISTRIBUTION OF CLASS A RESIDUALS 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
Cargill, Incorporated
Mecklenburg County
FOR AN
inactive residuals management program for Cargill, Incorporated and consisting of Class A residuals
generated by the approved facility listed in Attachment A, with no discharge of wastes to surface waters,
pursuant to the application received October 29,_ 2018, subsequent additional information received
December 19, 2018, and in conformity with other supporting data subsequently filed and approved by the
Department of Environmental Quality and considered a part of this permit. The disposal of residuals is
regulated under Title 40 Code of Federal Regulations Part 257. This permit does not exempt the Permittee
from complying with Federal Regulation 40 CFR Part 257.
This permit shall be effective from March 1, 2019 through May 31, 2024, shall void Permit No.
WQ0017321 issued July 25, 2013, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. The Permittee is expressly prohibited from directly distributing Class A residuals for marketing and
land application. The Permittee shall submit a permit application and receive a Division -approved
modified permit prior to directly distributing Class A residuals. The permit modification shall be sent
to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC
27699-1617, or Non-Discharge.Reports e.ncdenr.gov.. [15A NCAC 02T .0 1 08(b)(1)(A)]
2. The Permittee shall request renewal of this permit on Division -approved forms no later than December
3, 2023. [15A NCAC 02T .0105(b), 02T .0109]
II. PERFORMANCE STANDARDS
1. The Permittee shall maintain the subject residuals management program so there is no discharge to
surface waters, nor any contravention of groundwater or surface water standards. In the event the
residuals management program fails to perform satisfactorily, including the creation of nuisance
conditions due to improper maintenance, the Permittee shall immediately cease distributing residuals,
take immediate corrective actions, and contact the Mooresville Regional Office supervisor. [15A
NCAC 02T .0108(b)(1)(A)]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from this residuals management program. [15A NCAC 02T .0108(b)(1)(A)]
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III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall maintain the residuals management program as a non -discharge system. [15A
NCAC 02T .l 100]
2. The Permittee shall maintain a Division -approved Operation and Maintenance Plan that shall include:
a. Description of the program, and associated facilities and equipment, in sufficient detail to show
what operations are necessary for the program to function and by whom the functions are to be
conducted;
b. Description of anticipated maintenance of facilities and equipment associated with the program;
c. Include provisions for safety measures, including restriction of access to sites and equipment;
d. Spill control provisions:
i. Response to upsets and bypasses including control, containment, and remediation; and
ii. Contact information for plant personnel, emergency responders, and regulatory agencies;
e. Detailed inspection procedures:
i. Names or titles of personnel responsible for conducting inspections;
ii. Frequency and location of inspections, and procedures to assure that the selected locations and
inspection frequency are representative of the residuals management program; and
iii. Description of record keeping and actions to be taken by the inspector in the event that
noncompliance is observed;
f. Detailed sampling and monitoring procedures:
i. Names or titles of personnel responsible for conducting sampling and monitoring;
ii. Description of monitoring procedures including parameters to be monitored; and
iii. Sampling frequency and procedures to assure that representative samples are 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.
[15A NCAC 02T .1110(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the residuals management program, the Permittee shall designate and employ a
certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs.
The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G 0204 and shall
comply with all other requirement in 15A NCAC 08G 0204. [15A NCAC 02T .0117, 08G .0204]
4. Adequate measures shall be taken to prevent runoff of the untreated residual leachate or stored residuals
onto adjacent properties or into surface waters. The finished product may be placed on a concrete pad,
placed under shelter or physically covered until it is turned over to the composting facility. If an
alternate storage site is used, approval must be obtained from the Division. [15A NCAC 02T
.0108(b)(1)(A)]
5. Class A residuals shall not be stored in a manner that causes nuisance conditions. If such conditions
occur, the Class A residuals shall be disposed at a Subtitle-D landfill. [15A NCAC 02T .0108(b)(1)(A)]
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IV. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
program's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. Noncompliance Notification
The Permittee shall report to the Mooresville Regional Office, telephone number [phone],
within 24 hours of first knowledge of the:
a. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate residual treatment.
b. Any failure resulting in a discharge to surface waters.
c. Any time self -monitoring indicates the program has gone out of compliance with its permit
limitations.
d. Distribution of residuals abnormal in quantity or characteristic.
e. Any discharge from a vehicle or piping system transporting residuals.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. All
noncompliance notifications shall file a written report to the Mooresville Regional Office within five
days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to
ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the storage
facilities. [ 15A NCAC 02T .1110(f)]
2. The Permittee shall inspect the residuals storage, and transport facilities to prevent malfunctions,
facility deterioration, and operator errors that may result in discharges of wastes to the environment,
threats to human health, or public nuisances. The Permittee shall maintain an inspection log that
includes the date and time of inspection, observations made, and 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)(1)(A), 02T .1110(f)]
Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the distribution sites or facilities permitted herein at any
reasonable time for determining compliance with this permit. Division authorized representatives may
inspect or copy records 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)]
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VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division -approved plans and specifications. [G.S. 143-215.l(d)]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted residuals program change ownership, or the Permittee changes their name, the
Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall
comply with all terms and conditions of this permit until the permit is transferred to the successor -
owner. [G.S.143-215.1(d3)]
6. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[ 15A NCAC 02T .0110]
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7. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.613, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[ 15A NCAC 02T .0120(b), 02T .0120(d)]
8. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[I 5A NCAC 02T .0120(c)]
Permit issued this the 19"' day of February 2019
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Ainda Culpepper, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0017321
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ATTACHMENT A — APPROVED RESIDUAL SOURCES
Cargill, Incorporated
Owner I Facility Name I County
Cargill Incorporated 1 Cargill — Charlotte Facility Mecklenburg I N
Maximum Monitoring
Permit Biological Dry Tons Frequency for
Number Residuals per Year' Non-hazardous
2
Characteristics
CG060036 Yes 575 N/A
Total 575
1. Maximum Dry Tons per Year is the amount of residuals approved for distribution to one or more permitted facilities.
Certification Date: February 19, 2019
Permit Number: WQ0017321 Version: 4.0
Monitoring
Monitoring
Frequency for
Frequency for
Approved
Metals and
Pathogen &
Mineralization
Nutrients s, 5
Vector Attraction
Rate
Reductions 4,5
N/A
N/A
0.4
WQ0017321 Version 4.0 Attachment A Page 1 of 1