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HomeMy WebLinkAboutWQ0010689_Final Permit_20190913ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director JON RUsHFORD — PLANT MANAGER BAXTER HEALTHCARE CORPORATION 65 PITTS STATION ROAD MARION, NORTH CAROLINA 28752 Dear Mr. Rushford: NORTH CAROLINA Environmental Quality September 13, 2019 Subject: Permit No. WQ0010689 Baxter Healthcare DCAR Distribution of Class A Residuals McDowell County In accordance with your permit renewal request received May 17, 2019, and subsequent additional information received July 15, 2019, we are forwarding herewith Permit No. WQ0010689 dated September 13, 2019, to Baxter Healthcare Corporation for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on December 1, 2019 (i.e., the day after the expiration date of the existing permit). This permit shall be effective from December 1, 2019 through March 31, 2025 shall void Permit No. WQ0010689 issued September 26, 2014, and shall be subject to the conditions and limitations as specified therein. The Permittee shall submit a renewal application no later than October 2, 2024. 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 operational 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 September 26, 2014: ➢ Old Condition I.2. — The Operations and Maintenance (O&M) Plan has been submitted. ➢ Old Condition I1.7. — The first sentence is redundant since covered by Old Condition 11.5. and Condition II.3. The remainder is incorporated into Condition II.8. ➢ Old Condition II.9. — Replaced by Condition II.7. ➢ Old Conditions 11.10. and II.11. — There are no compliance or review boundaries, respectively, for Class A permits. ➢ Old Condition III.6. —Replaced by Condition I1I.6. North Carolina Department of Environmental Quality I Division of Water Resources � DFW_ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 UNA -w 919.707.9000 Mr. Jon Rushford September 13, 2019 Page 2 of 3 2014: ➢ Old Conditions III.7. and III.8. — Replaced by Condition III.9. ➢ Old Condition III.11. — Replaced by Condition 1II.10. ➢ Old Condition III.12. — Replaced by Condition III.11. ➢ Old Condition IV.6. — Records keeping duration is a part of individual conditions rather than 5 years for all. ➢ Old Condition IV.7. — Replaced by Condition IV.7. ➢ Old Condition VI.2. — This permit is not voidable, so this condition is removed. ➢ Old Condition VI.8. — Replaced by Condition VI.8. The following permit conditions are new since the last permit issuance dated September 26, ➢ Conditions II.5. and II.6. — The conditions for pathogen and vector attraction reduction are included. ➢ Condition II.7. — The setback requirements are listed. ➢ Condition II.8. — Residuals are to be applied at agronomic rates. ➢ Condition II.9. — Special conditions must be met if the Sodium Adsorption Ration (SAR) exceeds 10. ➢ Condition III.6. — Biological residuals may be staged or stored for 60 days and non -biological for 90 days. ➢ Condition III.7. Adequate measures to prevent wind and runoff of residuals. ➢ Condition III.8. — Bulk residuals are not to be distributed under the conditions listed, including threat to endangered species; if nuisance conditions created; if land fails to assimilate residuals; if the land is flooded, frozen, or snow-covered; in a 100-year flood plain; during precipitation event; if the slope is too great; if there is no established vegetative cover; if the separation to the seasonal high water table is less than one foot; if the residuals application exceeds agronomic rates; and in certain flood plains. ➢ Condition III.9. — The Permittee shall inform 3`d party recipients of residuals of the setback requirements (Condition II.7.) and the conditions under which bulk residuals are not to be land applied (Condition III.8.). ➢ Condition III.10. —The bagging label requirements are listed. ➢ Condition III.11. — The Permittee shall notify the Division if the Permittee becomes aware that a 3rd party is applying the residuals above an agronomic rate. ➢ Condition IV.4. — The Permittee shall monitor for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A. Mr. Jon Rushford September 13, 2019 Page 3 of 3 ➢ Condition IV.7. —The Permittee shall submit one paper and one electronic (PDF) of the annual report. ➢ Condition VI.8. — The permit shall not be renewed if all annual fees have not been paid. 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. The sampling procedure for ignitability to be used is further explained and to be used in the future. As per RCRA a solid waste is classified as aqueous if the representative sample has moisture content >_ 20%. As per 40CFR 262.21 Characteristics of ignitability: a solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties: a. It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has flash point less than 60 °C (140 °F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D 93-79 or D 93-80 (incorporated by reference, see § 260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D 3278-78 (incorporated by reference, see § 260.11). b. It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard. If you need additional information concerning this permit, please contact Nathaniel Thornburg at (919) 707-3653 or nathaniel.thornbur (uncdenr. ov. Sincerely, J. mda Culpepper, Director Division of Water Resources cc: McDowell County Health Department (Electronic Copy) Asheville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files THIS PAGE BLANK 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 Baxter Healthcare Corporation McDowell County FOR THE continued operation of a residuals management program for Baxter Healthcare Corporation and consisting of the distribution 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 May 17, 2019, subsequent additional information received July 15, 2019, 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 December 1, 2019 through March 31, 2025, shall void Permit No. WQ0010689 issued September 26, 2014, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. The Permittee shall request renewal of this permit on Division -approved forms no later than October 2, 2024. [15A NCAC 02T .0105(b), 02T .0109] II. PERFORMANCE STANDARDS The Permittee shall maintain and operate 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 operation and maintenance, the Permittee shall immediately cease distributing residuals, take immediate corrective actions, and contact the Asheville 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 the operation of this residuals management program. [15A NCAC 02T .0108(b)(1)(A)] 3. Only residuals generated by the facility listed in Attachment A are approved for distribution in accordance with this permit. [15A NCAC 02T .1101] WQ0010689 Version 4.0 Shell Version 190710 Page 1 of 11 4. Pollutant concentrations in distributed residuals shall not exceed the following Ceiling Concentrations or Monthly Average Concentrations, on a dry weight basis: Parameter Arsenic Ceiling Concentration Monthly Average Concentration (M91k9) (mglkg) 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Molybdenum 75 N/A Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 [15A NCAC 02T .1105(a), 02T .1105(c)] 5. Class A biological residuals shall meet the pathogen reduction requirements in 15A NCAC 02T .1106(a). Exemptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1106(a), 02T .1106(d)] 6. Class A biological residuals shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a). Exemptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1107(a), 02T .1107(c)] 7. The facilities and sites herein were permitted per the following setbacks: a. Setbacks for Class A land application sites are as follows (all distances in feet): Liquid Cake Residuals Residuals' i. Each private or public water supply source: 100 100 ii. Surface waters such as intermittent and perennial streams, perennial 100 25 waterbodies, and wetlands: iii. Surface water diversions such as ephemeral streams, waterways, and 25 0 ditches: iv. Groundwater lowering ditches where the bottom of the ditch 25 0 intersects the SHWT: v. Each well with exception of monitoring wells: 100 100 vi. Bedrock outcrops: 25 0 ' Unless otherwise noted in Attachment A, "cake" residuals are those that have greater than 15% solids by weight and can be stacked without flowing, as well as can be handled, transported and spread as a solid (e.g., using a backhoe, front end loader, Slinger spreader, broadcast spreader or other equipment designed for handling solid materials) without leaving any significant liquid fraction behind. [15A NCAC 02T. I 108(b)] WQ0010689 Version 4.0 Shell Version 190710 Page 2 of 11 8. Residuals and other sources of Plant Available Nitrogen (PAN) shall not be applied in exceedance of agronomic rates. Appropriate agronomic rates shall be calculated using expected nitrogen requirements based on the determined Realistic Yield Expectations (RYE) using any of the following methods: a. Division's pre -approved site specific historical data for specific crop or soil types by calculating the mean of the best three yields of the last five consecutive crop harvests for each field. b. North Carolina Historical Data for specific crop and soil types as provided by North Carolina State University Department of Soil Science (http://nutrients.soil.ncsu.edu/yields/index.ph ). A copy shall be kept on file and reprinted every five years in accordance with Condition W.6. c. If the RYE cannot be determined using methods (a) or (b) above, the Permittee may use the RYE and appropriate nutrient application rates reported in any of the following documents: i. Crop management plan as outlined by the local Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer Services, the Natural Resource Conservation Service, or other agronomist. ii. Waste Utilization Plan as outlined by the Senate Bill 1217 Interagency Group - Guidance Document: Chapter 1 (http://www.ncagr.gov/SWC/tech/documents/9th Guidance Doc_100109.12 . iii. Certified Nutrient Management Plan as outlined by the Natural Resources Conservation Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management Standards (ftv:///ftp fc.sc.egov.usda.ao%,N'TI[] practice-standards/standards/590.pd�f d. If the RYE and appropriate nutrient application rates cannot be determined, the Permittee shall contact the Division to determine necessary action. [15A NCAC 02T .1109(a)(1)(K)] 9. Prior to distributing Class A residuals that have a sodium adsorption ratio (SAR) of 10 or higher, the Permittee shall obtain and implement recommendations from at least one of the following: the local Cooperative Extension Office; the Department of Agriculture and Consumer Services; the Natural Resource Conservation Service; a North Carolina Licensed Soil Scientist; or an agronomist. The recommendations shall address the sodium application rate, soil amendments (e.g., gypsum, etc.), or a mechanism for maintaining site integrity and conditions conducive to crop growth. The Permittee shall maintain written records of these recommendations and details of their implementation. The Permittee shall notify third -party entities of the effects of a high SAR content residuals on their receiving sites. [15A NCAC 02T .0108(b)(1)(A)] WQ0010689 Version 4.0 Shell Version 190710 Page 3 of 11 10. The following uses shall be approved for the distributed ash under the ash distribution program in accordance with this permit. The Permittee shall request and obtain a permit amendment from the Division for each additional ash source -generating facility and use prior to distribution through the approved ash distribution program. Type of Ash I Approved Uses • Structural/engineered fill (i.e., engineered fill that is properly placed and compacted) for embankments and for bases/sub- bases under a structure or a footprint of a paved road, parking lot, sidewalk, walkway or similar construction • Flowable fill for backfill of potable water mains as approved by the NC Division of Environmental Health, sanitary sewers and storm drainage structures • Overlay for secondary roads, residential driveways, farm roads and high -traffic farm areas as approved by the NC Department of Transportation Bottom Ash / • Material for traction control during snow and ice events as Fly Ash / approved by the NC Department of Transportation Scrubber Ash / • Material for manufacturing of concrete products, brick Wood Sawdust / products, lightweight aggregate, roofing materials, insulation Mixtures products, plastics and paints • Substitute for blasting grit, roofing granules, filter cloth, precoat for sludge dewatering, as well as bedding for pipes, railroad beds and underground storage tanks • Soil nutrient additive, amendment or other agricultural purpose as approved by the NC Department of Agriculture and Consumer Services. • Raw product for the stabilization of wastewater residuals • Daily, intermediate and final cover at a landfill as approved by the NC Division of Waste Management • Fuel for combustion in boilers, furnaces, etc. for energy recovery [15A NCAC 02T .0108(b)(1)(A)] 11. Diversion or bypassing of ash or leachate from the on -site ash storage/stockpile site shall be prohibited. All leachate shall be reused as a wetting agent or disposed of through a Division -approved method. [15A NCAC 02T .1109(d)(2)(D)] 12. No ash that tests or is classified as a hazardous or toxic waste under 40 CFR Part 260.10 shall be sold or given away under the conditions of this permit. [ 15A NCAC 02T .1101(8)] WQ0010689 Version 4.0 Shell Version 190710 Page 4 of 11 M. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the residuals management program as a non -discharge system. [15A NCAC 02T .1100] 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. The Permittee shall ensure that a copy of this permit and the Division -approved Operation and Maintenance Plan is available when land applying bulk Class A residuals. [15A NCAC 02T .1110(b)] 5. The Permittee shall ensure that spill control provisions are available when transporting or land applying bulk Class A residuals. [15A NCAC 02T .1110(a)(4)] 6. Class A residuals may be staged at the land application site for up to 30 days for biological residuals and 60 days for non -biological residuals. Class A residuals shall be stored or staged in a manner to prevent runoff of leachate and other wastewaters generated. [15A NCAC 02T .1110(c), 02T .1110(d)] 7. Adequate measures shall be taken to prevent wind erosion and runoff from the bulk Class A residual land application sites. [15A NCAC 02T .0108(b)(1)(A)] WQ0010689 Version 4.0 Shell Version 190710 Page 5 of 11 8. Bulk Class A residuals shall not be land applied under the following conditions: a. If the residuals are likely to adversely affect a threatened or endangered species listed under section 4 of the Endangered Species Act or its designated critical habitat; b. If the application causes 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 residuals are injected or incorporated within a 24- hour period following a residuals land application event; £ During precipitation events, or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; g. If the slope of the land is greater than 10% when liquid residuals are surface applied, or if the slope of the land is greater than 18% when liquid residuals are injected or incorporated; h. If the land does not have an established vegetative cover crop unless the land is a Division -approved no -till site, or the residuals are injected, or incorporated within a 24-hour period following the application of residuals; i. If the vertical separation of the seasonal high water table and the depth of residuals application is less than one foot; j. If the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; k. If the application exceeds agronomic rates; 1. If the land application sites are located within a WS-I watershed pursuant to 15A NCAC 02B .0212 or within the Critical Area of a WS-II pursuant to Sub -Item (4)(g) of Rule 15A NCAC 02B .0212, or within the Critical Area of a WS-III or WS-IV watershed pursuant to Sub -Item (4)(h) of Rules 15A NCAC 02B .0215, and .0216. [15A NCAC 02T. 1 109(a)(1), 02T. I 109(b)] 9. The Permittee shall notify all third -party entities receiving bulk Class A residuals that land application activities occurring on the third -parry's property shall meet the requirements in 15A NCAC 02T .1108(b) and 02T .1109(a)(1) (i.e., Conditions II.7.a. and III.8., respectively). [15A NCAC 02T .1103(a)(4), 02T .1103(a)(5)] 10. Bagged or other container Class A residuals shall have an affixed label or an information sheet provided to the person receiving the Class A residuals. The label or information sheet shall contain the following: a. The name and address of the person who prepared the residuals; b. A statement that residual land application is prohibited except in accordance with the instructions on the label or information sheet; c. A statement that the residuals shall be applied at agronomic rates and recommended rates for its intended use. [15A NCAC 02T .l 109(c)] 11. The Permittee shall not distribute bulk Class A residuals to any person or entity known to be applying residuals contrary to the conditions of this permit. The Permittee shall report to the Asheville Regional Office any person or entity known to be applying residuals contrary to the conditions of this permit. [15A NCAC 02T .0108(b)(1)(A)] WQ0010689 Version 4.0 Shell Version 190710 Page 6 of 11 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. The residuals from each source generating facility shall be analyzed to demonstrate they are non- hazardous under the Resource Conservation and Recovery Act (RCRA). Residuals that test or are classified as a hazardous or toxic waste under 40 CFR Part 261 shall not be land applied. The analyses (i.e., corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)) shall be performed at the frequency specified in Attachment A, and the Permittee shall maintain these results for five years. Any exemptions from the requirements in this condition shall be specified in Attachment A. The TCLP analysis shall include the following parameters, and the Federal regulatory level (mg/L) is in parentheses: Arsenic (5.0) 1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0) Barium 100.0 1 2-Dichloroethane 0.5 Pentachloro henol 100.0 Benzene (0.5) 1,1-Dichloroethylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Heptachlor (and its epoxide) 0.008 Tetrachloroethylene (0.7) Chlorobenzene (100.0) Hexachlorobenzene (0.13) Toxaphene (0.5) Chloroform (6.0) Hexachlorobutadiene (0.5) Trichloroethylene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0) m-Cresol (200.0) Lead (5.0) 2,4,6-Trichlorophenol (2.0) o-Cresol (200.0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0) p-Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2) Cresol (200.0) Methoxychlor (10.0) 2,4-D (10.0) Methyl ethyl ketone (200.0) Once the residuals have been monitored for two years at the frequency specified in Attachment A, the Permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per permit cycle. [15A NCAC 13A .0102(b), 02T .1101, 02T .1105] WQ0010689 Version 4.0 Shell Version 190710 Page 7 of 11 3. The residuals from each source generating facility shall be analyzed at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. Each analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia -Nitrogen Molybdenum Selenium Arsenic Nickel Sodium Cadmium Nitrate -Nitrite Nitrogen Sodium Adsorption Ratio (SAR) Calcium Percent Total Solids TKN Copper pH Zinc Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) [15A NCAC 02T. 1101] 4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A. The monitoring results shall specify the stabilization process utilized, and demonstrate compliance with the Class A pathogen reduction requirements in 15A NCAC 02T .1106(a), and one vector attraction reduction requirement in 15A NCAC 02T .1107(a) shall be met. Any exemptions from the requirements in this condition shall be specified in Attachment A. [15A NCAC 02T .1106(a), 02T .1107(a), 02T .1111(c)] 5. Representative samples of residuals that are prepared for distribution shall be collected and analyzed. [I 5A NCAC 02T. I I I l(a)] 6. The Permittee shall maintain records for all bulk Class A residual distribution events. These records shall include the following: a. Residuals source (as listed in Attachment A);, b. Date of distribution; c. Name and address of residuals recipient; d. Volume of residuals distributed to each recipient; and e. Intended use of residuals. [15A NCAC 02T .0108(c)] 7. One hard copy and one electronic copy of an annual report shall be submitted on or before March 1 St The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms. Instructions for reporting and annual report forms are available at http://deg .nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/non- dischLx e- ermittin-unit/re ortin -forms, or can be obtained by contacting the Non -Discharge Branch directly. The annual report shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .1 I I l(d)] WQ0010689 Version 4.0 Shell Version 190710 Page 8 of 11 8. Noncompliance Notification V. The Permittee shall report to the Asheville Regional Office, telephone number (828) 296-4500, 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 (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Asheville 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)] 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the Permittee's storage and distribution facilities. [ 15A NCAC 02T .1110(f)] 2. The Permittee shall inspect the Permittee's residuals processing, 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)] WQ0010689 Version 4.0 Shell Version 190710 Page 9 of 11 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, 143-215.6B, 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. 143-215.1(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)] 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] WQ0010689 Version 4.0 Shell Version 190710 Page 10 of 11 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. 143-215.6B, 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. [15A NCAC 02T .0120(c)] Permit issued this the 131 day of September 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION mda Culpepper, Director Division of Water Resources By Authority of the Environmental Manage it Commission Permit Number WQ0010689 WQ0010689 Version 4.0 Shell Version 190710 Page 11 of 11 THIS PAGE BLANK MW 0 C 0 9 i m C ca L 'N m O a;a d a w „a dam^ w z C C= tr LLU 67 C }• L � U o wZU o O E � .• �>4 N N LC L L A c. 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