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HomeMy WebLinkAbout310885_Permit (Issuance)_20180420Environmental Quality Mr. Davis Brinson Duplin County Livestock Facility Duplin County P.O. Box 950 Kenansville, NC 28349 Dear Davis Brinson, ROY COOPER MICHAEL S. REGAN Secretary LINDA CULPEPPER - Interim Director April 20, 2018 Subject: Permit No. AW1310883-� Duplin County Livestock Facility Animal Waste Operation Duplin County In accordance with your permit application received on April 19, 2018, we are forwarding herewith Permit No. AWI310885, dated April 20, 2018 to the Duplin County authorizing the operation of an animal waste collection, treatment, storage and land application system in accordance with this permit. This permit shall be effective from the date of issuance until March 31, 2023, and shall be subject to the conditions and limitations as specified therein. Please pay 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. Any increase in volume or increase in stocked animals above the listed values in this permit will require a modification to this permit and shall be completed prior to actual increase in either flow or number- of animals. 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 J. R. Joshi at (919) 807-6341. Sincerely, for Linda Culpepper Interim Director, Division of Water Resources cc: Wilmi agton-)Re�i alzOffice, Water Quality Regional Operations Section up' 'ounty�ea th Department Duplin County Soil and Water Conservation District WQROS Central Files (Permit No. AWI310885) State of North Carolina I Environmental Quality I Division of Water Resources Water Quality Regional Operations Section 1636 Mail Service Center I Raleigh, North Carolina 27699-1636 - 919-707-9129 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH ANIMAL WASTE OPERATION PERMIT In accordance, with the.p ..Srovisions of Article 21 of Chapter 143, General .Statutes of North Carolina as •,,he amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Duplin County Livestock Facility Duplin County FOR THE continued, operation of an animal waste management system for the Duplin County Livestock Facility, consisting of a solids storage and handling facility," and all necessary appurtenances to serve a maximum animal head per year spending a day at the facility of 500 Beef Brood Cows, 5,000 Beef Feeder, 5,000 Beef Stocker Calves, 50 Feeder to Finish Swine, 8 Non -Laying poultry,100 Sheep,100 Goats and about 40 occasional horses picked up by animal controlwith no discharge of wastes to the surface waters, pursuant to the application received April 19, 2018, 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 March 31, 2023, and shall be subject to the following specified conditions and limitations:' I. PERFORMANCE STANDARDS 1. The animal waste collection, treatment, and storage system, permitted under this permit shall be effectively maintained and operated as a non -discharge system to prevent the discharge of pollutants to surface waters, wetlands, or ditches. If the Duplin County facility is in compliance with this permit and the most recent Dry Litter Management Plan (DLMP), and unintentionally discharges as a result of a storm event greater than the 25- year, 24-hour storm, the facility will not be considered to be in violation of this permit. 2. The DLMP is hereby incorporated by reference into this permit. 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 of Water Recourses (Division). These actions may include modifying the DLMP, or reducing the number of animals from the facility. 3. This facility may not be expanded above the capacity shown in the DLMP and this permit until a new permit reflecting the expansion has been issued. 4. A copy of this permit, the DLMP, waste removal agreements, and certification forms shall be readily available at the livestock facility '(stored at places such as the livestock facility, office, outbuildings, etc.) where animal waste management activities are being conducted for the life of this permit. These documents shall be kept in good condition and records shall be maintained in an orderly fashion. 5. The following buffers shall be maintained: a) 100 feet between wastewater treatment or storage units and any wells that supply water to a public water system, or any other well that supplies water for human consumption, and b) 50 feet between wastewater treatment or storage units and property lines. II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The collection, treatment, and storage facilities shall be maintained at all times and properly operated. - 2. Domestic and/or industrial wastewater from showers, toilets, sinks, etc. shall not be discharged into the animal waste collection, treatment, and storage system. 3. Disposal of dead animals shall be done in accordance with the North Carolina Department of Agriculture and Consume_ r Services (NCDA&CS) Veterinary Division's regulations. 4. All uncontaminated runoff from the'surrounding property and buildings shall be diverted away from the animal waste storage structures to prevent any unnecessary addition to the waste in the structures. 5. All treatment units shall be kept free of foreign debris including, but not limited to, tires, bottles, light bulbs, gloves, syringes or any other solid waste. 6. At all times, the facility must have a legal agreement with an appropriately permitted third party to transport and accept the animal waste generated at this facility. III. MONITORING AND REPORTING REQUIREMENTS 1. Adequate records shall be maintained by the Permittee tracking the amount of waste stored and disposed. These records shall include, but are not necessarily limited to, the following information a. Amount of waste generated per event, b. Daily weather conditions whenever waste is stored in an uncovered area c. The dates and amounts of solid waste removed from the site, and d. The name and address and permit number of the parry responsible for removal of solid waste. 2 2. Duplin County Livestock Facility must provide the waste analysis and the third party applicator has responsibility to meet all other requirements including application at agronomic rates, soil testing, field evaluations, etc. 3. This Permit allows for the distribution of up to four cubic yards of manure per visit to individuals for personal use. The Permittee must provide the recipient(s) with information on the nutrient content of the manure. The Permittee must inform the recipient(s) of his/her responsibilities to properly manage the land application of manure. Record keeping for the distribution of manure up to four (4) cubic yards per visit to individuals for personal use is not required. 4. The Permittee or their designee shall inspect the waste collection, treatment, and storage structures and runoff control measures. These inspections shall be conducted at a frequency to insure proper operation but at a minimum frequency of monthly and as well as after all storm events. For example, structures should be inspected for evidence of erosion, leakage, damage by animals or discharge. The Permittee shall keep 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 upon request to the Division or other permitting authority. 5. Any major structural repairs must have written documentation from a professional engineer certifying proper design and installation. However, if a piece of equipment is being replaced with a piece of equipment of the identical specifications, no technical specialist approval is necessary [i.e. piping, reels, valves, pumps (if the GPM capacity is not being increased or decreased), etc.]. 6. All records, including maintenance, repair and disposal records, shall be maintained on site and in chronological and legible form for a minimum of three years by the Permittee. These records shall be maintained on forms provided by the Division and shall be readily available for inspection. 7. Regional Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215 as soon as possible, but in no case more than 24 hours following first knowledge of the occurrence of any of the following events: a. Failure of any component of the animal waste collection, treatment, and storage system resulting in a discharge to surface waters. b. Any failure of the animal waste treatment and disposal program that renders the facility incapable of adequately receiving, treating or storing the animal waste and/or sludge. C. A spill or discharge from a vehicle or piping system transporting animal waste or sludge which results in, or may result in, a discharge to surface waters or an event that poses a serious threat to surface waters. d. Any deterioration or leak in a treatment unit that poses an immediate threat to the environment. C. Any discharge that bypasses a treatment unit resulting in a discharge to surface waters or that poses a serious threat to the environment. For any emergency which requires immediate reporting after normal business hours, please contact the Division of Emergency Management at 1-8007858-0368. The Permittee shall also file a written report to the appropriate Division's Regional Office of the occurrence within five calendar days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to correct the problem and to ensure that the problem does not recur. The requirement to file a written report may not be waived by the Division's Regional Office. IV. GROUNDWATER REQUIREMENTS Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. ' INSPECTIONS 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 collection, treatment, storage and land application system at any reasonable time for the purpose of determining compliance with this permit, may inspect and obtain a copy of any records that must be kept under the terms and conditions of this permit; and may obtain samples of the animal waste, groundwater, soil, plant tissue, or surface water. VI. GENERAL CONDITIONS 1. The issuance of this permit shall,not relieve the Permittee of the responsibility for 'damages to surface waters or ground waters resulting from the operation of this program. 2. Should the Division have good reason to believe that any activities conducted pursuant to this permit may cause or contribute any waste, directly or indirectly, to be intermixed with the waters of the State, the Division may require any monitoring (including but not limited to groundwater, surface water, animal waste, sludge, soil and plant tissue) necessary to determine the source, quantity, quality, and effect of any waste upon the waters of the State. Such monitoring, including its scope, frequency, duration and any sampling, testing, and reporting systems, shall meet all applicable Environmental Management Commission requirements. "Good Reason" may be based on the findings of a related Federal, State, Commission, or DENR authorized study or report, or other evidence showing that violations of State water quality standards or other applicable environmental standards have occurred or may occur. 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 Statute 143-215.6A-6C and may include the requirement to obtain additional 4 treatment or storage units and/or addition of land application, and/or the modification of the animal waste management system. 4. The issuance of this permit does not excuse the Permittee from the obligation to comply with all applicable statutes, rules, regulations, or ordinances (local, state, and federal). 5. If animal housing ceases, the Permittee is responsible for developing, implementing and completing a "closure plan" which will eliminate the possibility of an illegal discharge, pollution, erosion, and the potential for injury. Closure shall include notifying the Division. 6. The annual permit fee shall be paid by the Permittee within thirty (30) days after being billed by the Division. Failure to pay the fee accordingly constitutes grounds for revocation of this permit. 7. Failure of the Permittee to maintain, in full force and effect agreements that are required in the permit application and/or Dry Litter Management Plan, shall constitute grounds for revocation of this permit. 8. This permit is effective only with respect to the nature and volume of wastes described in this permit for NCDA&CS. 9. This permit is not automatically transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division accompanied by an application fee, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. 10. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Commission will review the adequacy of the facilities described therein, and if warranted, will extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Permit issued this the 20th day of April 2018 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ,for Linda Culpepper Interim Director, Division of Water Resources By Authority of the Environmental Management Commission Permit Number AWI310885