**Permit No. NC0078344**



## STATE OF NORTH CAROLINA

**DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES**

**DIVISION OF WATER QUALITY**



# PERMIT

**TO DISCHARGE WASTEWATER UNDER THE**



## NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

**In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards**  **and regulations promulgated and adopted by the Nort h Carolina Environmental Management**  **Commission, and the Federal Water Pollution Control Act, as amended,** 



# Smithfield Packing Company, Inc.

**is hereby authorized to discharge wastewater and st ormwater from a facility located at** 

**Smithfield Packing Company – Tar Heel Division WWTP**

**15855 Highway 87 West Tar Heel, NC 28392**  **Bladen County**

**to receiving waters designated as the Cape Fear Riv er in the Cape Fear River Basin** 

**in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Pa**  **rts I, II, and III hereof.** 

**This permit shall become effective February 1, 2012**

**.**

**This permit and the authorization to discharge shal l expire at midnight on October 31, 2016.** 

**Signed this day January 16, 2012:**

**_________** [Original signed by Charles Wakild] **Charles Wakild, P. E., Director Division of Water Quality**  **By Authority of the Environmental Management Commi ssion** **Permit. NC0078344**



### 2 

## SUPPLEMENT TO PERMIT COVER SHEET



## Smithfield Packing Company, Inc. – Tar Heel Divisio **n**

**is hereby authorized to:**

**1. Continue to operate an existing 3.0 MGD wastewat er facility for the treatment of process, sanitary,**  **and other wastewater sources defined in the permit application or subsequent supplemental**  **documents, ref. Condition A (7). The wastewater tr eatment facility consists of a pretreatment system**  **and a main treatment system. The pretreatment syst em utilizes bar screens, a dissolved air flotation**  **(DAF) unit and a centrifuge system for dewatering s ludge residuals. The main treatment system**  **consists of two (2) anaerobic lagoons, three (3) an oxic basins, four (4) aeration basins, four (4) fin**  **al clarifiers, four (4) tertiary filters (one filter e**  **xclusively used for reuse water), reaeration, two ( 2)**  **horizontal bulb ultraviolet disinfection systems, a backup liquid chlorination/dechlorination system,**  **an emergency storage lagoon, and effluent pumps. Soli**  **ds handling includes a solids storage tank and a filter belt press with a dry polymer feed system.**  **The facility is located at 15855 Highway 87 West, i n**  **Tar Heel in Bladen County;**

**2. Operate the treatment plant in accordance with t he Authorization to Operate issued by the Division**  **October 4, 2009 for a maximum slaughter rate of 390 ,000 hogs every two weeks; and** 

**3. Discharge treated wastewater from said treatment works at the location specified on the attached ma**  **p into the Cape Fear River, which is classified C wat**  **ers in the Cape Fear River Basin. Permit. NC0078344** 



### 3 

# N **Latitude: 35**  **o 45’40”**  **Longitude: 78**  **o 47’45”** 
**Quad #: H23SE, Duart** 

**Sub-Basin: 030616** 

**Stream Class: C**  **Receiving Stream: Cape Fear River** 

**Permitted Flow: 3.0 MGD**  **8-Digit HUC 03020201**  

### 

Smithfield Packing Co., Inc.

NC0078344 **Facility**

**Location** 

## Outfall 001**Permit. NC0078344**



### 4 A (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREME NTS

**During the period beginning on the effective date o f the permit and lasting until expiration, the**  **permittee is authorized to discharge from outfall n umber 001. Such discharges shall be limited and**  **monitored by the permittee as specified below:**

PARAMETER LIMITS MONITORING REQUIREME NTS

**Monthly Average**  **Daily**

**Maximum Measurement** 

**Frequency Sample** 

**Type Sample Location**  **1**

**Flow 3.0 MGD Continuous**  **(7 Days/Week) Recorder Influent or Effluent** 

**BOD, 5-day, 20 o**  **C (April 1 – October 31)**  **250.0 lbs/day 500.0 lbs/day**  **(30.0 mg/L) 7 Days/Week Composite Effluent** 

**BOD, 5-day, 20 o**  **C (November 1 – March 31)**  **500.0 lbs/day 1000 lbs/day**  **(45.0 mg/L) 7 Days/Week Composite Effluent** 

**Total Suspended Solids 998.7 lbs/day 1997.5 lbs/day 7 Days/Week Composite Effluent** 

**NH 3**  **as N**
**(April 1 – October 31) 30.0 lbs/day**  **(2.0 mg/L) 60.0 lbs/day** 

**(7.5 mg/L) 7 Days/Week Composite Effluent** 

**NH 3**  **as N**
**(November 1 – March 31) 60.0 lbs/day**  **(4.0 mg/L) 120.0 lbs/day** 

**(8.0 mg/L) 7 Days/Week Composite Effluent** 

**Dissolved Oxygen 2**  **Daily**

**Footnote 1 Grab**  **Effluent, Upstream & Downstream** 

**Fecal Coliform (geometric mean)**  **200 / 100 mL 400 / 100 mL Daily** 

**Footnote 1 Grab**  **Effluent, Upstream & Downstream** 

**Temperature Daily** 

**Footnote 1 Grab**  **Effluent, Upstream & Downstream** 

**Conductivity Footnote 1**  **Grab Upstream & Downstream**

**Total Nitrogen (NO**  **2 +NO**  **3 +TKN)**  **134 mg/L 194 mg/L Weekly** 

**Footnote 1 Composite**  **Effluent, Upstream & Downstream** 

**Total Phosphorus Monthly** 

**Footnote 1 Composite**  **Effluent, Upstream & Downstream** 

**Organic Nitrogen Monthly** 

**Footnote 1 Composite**  **Effluent, Upstream & Downstream** 

**Chlorophyll-a Footnote 1**  **Grab Upstream & Downstream**
**Settleable Solids 5.0 mL/L 10 mL/L Weekly Grab Effl uent** 
**Oil and Grease 319.6 lbs/day 639.2 lbs/day Weekly G rab Effluent** 

**Total Residual Chlorine 3**  **28 μg/L Weekly Grab Effluent**

**pH 4**  **Daily Grab Effluent**

**Total Aluminum Quarterly Composite Effluent**
**Chlorides Quarterly Composite Effluent**
**Total Copper Quarterly Composite Effluent**
**Fluoride Quarterly Composite Effluent**
**Total Nickel Quarterly Composite Effluent**
**Total Zinc Quarterly Composite Effluent**

**Chronic Toxicity 5**  **Quarterly Composite Effluent**

**Seven days per week monitoring is required for flow , BOD5, TSS, and NH3-N.** 

**There shall be no discharge of floating solids or f oam in other than trace amounts.** 

**Footnotes are shown on the following page. Permit. NC0078344** 



### 5 A (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREME NTS (Continued)

**Footnotes to table A (1) on the previous page:**

**1. Upstream - at least 100 feet above discharge. D ownstream - on the upstream side of Lock**  **and Dam #2. See A (2) for specific instream sampl ing requirements.** 

**2. The daily average dissolved oxygen concentration in the effluent shall not be less than 5.0**  **mg/L.**

**3. The Division shall consider all effluent TRC val ues reported below 50 μg/L to be in compliance**  **with the permit. However, the Permittee shall cont inue to record and submit all values reported**  **by a North Carolina certified laboratory (includin g field certified), even if these values fall below**  **50 μg/L.**

**4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.** 

**5. Chronic Toxicity (** Ceriodaphnia **) Pass/Fail @ 0.58%; see A (3) for specific testing requirements.** 

**When flow is diverted to the on-site storage lagoon , only that portion discharged through outfall 001**  **must be reported. If no flow is discharged, "No Fl ow" should be reported.** 



### A (2) INSTREAM SAMPLING REQUIREMENTS

**All stream samples shall be grab samples. Stream s amples for dissolved oxygen, fecal coliform,**  **temperature, and conductivity shall be collected th ree times per week during June, July, August, and**  **September and once per week the remaining months of the year. Stream sampling for total nitrogen,**  **total phosphorus, organic nitrogen, and chlorophyll -a shall be conducted weekly during the months of**  **June, July, August, and September.**

**Instream sampling requirements are provisionally wa ived as a result of Smithfield’s participation in t**  **he Middle Cape Fear River Basin Association per the Me**  **morandum of Agreement between the Division and the Association. Instream sampling requirement**  **s will be reinstated should Smithfield cease its participation in the Association.** 

**Per NCAC 2B .0505(c) (4), stream sampling is not re quired when flow conditions or weather**  **conditions pose a substantial risk of injury or dea th to persons collecting samples.** **Permit. NC0078344**



### 6 A (3) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY)

**The effluent discharge shall at no time exhibit obs ervable inhibition of reproduction or significant**  **mortality to** Ceriodaphnia dubia **at an effluent concentration of 0.58 %. The permi t holder shall**  **perform at a minimum, quarterly monitoring using te st procedures outlined in the “North Carolina**  Ceriodaphnia **Chronic Effluent Bioassay Procedure,” Revised Febr uary 1998, or subsequent versions** 

**or “North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure” (Revised-February 1998)**  **or subsequent versions. The tests will be performed during the months of January, April, July, and**  **October. Effluent sampling for this testing shall b e performed at the NPDES permitted final effluent**  **discharge below all treatment processes.**

**If the test procedure performed as the first test o f any single quarter results in a failure or ChV be**  **low the permit limit, then multiple-concentration testi**  **ng shall be performed at a minimum, in each of the two following months as described in “North Carolin**  **a Phase II Chronic Whole Effluent Toxicity Test Procedure” (Revised-February 1998) or subsequent ve**  **rsions.**

**The chronic value for multiple concentration tests will be determined using the geometric mean of the**  **highest concentration having no detectable impairme nt of reproduction or survival and the lowest**  **concentration that does have a detectable impairmen t of reproduction or survival. The definition of**  **“detectable impairment,” collection methods, exposu re regimes, and further statistical methods are**  **specified in the “North Carolina Phase II Chronic W hole Effluent Toxicity Test Procedure” (Revised**  **February 1998) or subsequent versions.**

**All toxicity testing results required as part of th is permit condition will be entered on the Effluent**  **Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter**  **code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3**  **(original) is to be sent to the following address:**

**Attention: North Carolina Division of Water Quality** 

**Environmental Sciences Section**

**1621 Mail Service Center Raleigh, North Carolina 2769**  **9-1621**

**Completed Aquatic Toxicity Test Forms shall be file d with the Environmental Sciences Section no**  **later than 30 days after the end of the reporting p eriod for which the report is made. Test data shal**  **l be complete, accurate, include all supporting chemi**  **cal/physical measurements and all concentration/response data, and be certified by la**  **boratory supervisor and ORC or approved designate signature. Total residual chlorine of the**  **effluent toxicity sample must be measured and reported if chlorine is employed for disinfection o**  **f the waste stream.**

**Should there be no discharge of flow from the facil ity during a month in which toxicity monitoring is**  **required, the permittee will complete the informati on located at the top of the aquatic toxicity (AT)**  **test form indicating the facility name, permit number, p**  **ipe number, county, and the month/year of the report with the notation of “No Flow” in the commen**  **t area of the form. The report shall be submitted t o**  **the Environmental Sciences Section at the address c ited above. Should the permittee fail to monitor**  **during a month in which toxicity monitoring is requ ired, monitoring will be required during the follow**  **ing month. Should any test data from this monitoring r**  **equirement or tests performed by the North Carolina Division of Water Quality indicate potenti**  **al impacts to the receiving stream, this permit may be re-opened and modified to include alternate moni**  **toring requirements or limits.**

NOTE **: Failure to achieve test conditions as specified in the cited document, such as minimum control**  **organism survival, minimum control organism reprodu ction, and appropriate environmental controls,**  **shall constitute an invalid test and will require i mmediate follow-up testing to be completed no later**  **than the last day of the month following the month of the initial monitoring.** **Permit. NC0078344**



### 7 A (4) MAXIMUM PRODUCTION LEVELS AND RELATED COND ITIONS

**A (4) (a) Bi-Weekly Maximum Production Production at the Smithfield Packing Company, Incor**  **porated’s Tar Heel facility shall not exceed a bi weekly maximum production level of 390,000 hogs sla**  **ughtered per two-week period. This production level is based on the Authorization to Operate issu**  **ed by the Division of Water Quality and the facilit y’s**  **engineering certification.**

**A (4) (b) Annual Maximum Production (i) In addition to not exceeding the bi-weekly maxi**  **mum production level in A (4) (a), production at Smithfield Packing Company, Incorporated’s Tar Heel**  **facility shall not exceed an annual maximum production level of 9,500,000 hogs per year.**  **(ii) If the Director finds that the permittee, in a substantial way, has violated any classification,**  **standard, limitation, or management practice establ ished pursuant to G.S. 143-214.1, 143-214.2, or**  **143-215, or has violated or failed to act in accord ance with the terms, conditions, or requirements of**  **this permit, the annual production level shall reve rt to 8,488,000 hogs per year, beginning with the**  **next year of the permit term if the finding is made between June 1 through November 30 or**  **immediately if the finding is made between December 1 through May 31. In either case, the reversion**  **shall last until the expiration date of this permit**

**.**

**A (4) (c) Groundwater Usage Groundwater usage shall not exceed an annual averag**  **e of 1.78 MGD, beginning with calendar year 2012. After the construction and start-up of the B**  **laden Bluffs water treatment facility, Smithfield Packing Company must utilize it as a primary water**  **source. In addition, the permittee shall continue to monitor the volume of the Tar Heel facility’s gr**  **oundwater withdrawals seven days per week, 365 days per year, and report the results to the Divisi**  **on on a monthly basis**

**A (4) (d) Stipulated Penalties The permittee will pay a stipulated penalty (i.e.,**  **without contest) of $200 per hog slaughtered if the facility exceeds the bi-weekly maximum production l**  **evel established in A (4) (a) or exceeds the**  **annual maximum production levels established in sec tion A (4) (b). Any exceedance will trigger the**  **stipulated penalty, and, if the slaughtering of a h og results in the exceedance of more than one level**  **or cap, then each cap or level exceedance triggers a separate stipulated penalty.** 

**A (4) (e) Environmental Management Systems (EMS) The permittee shall continue to**  **implement the existing certified ISO 14000 Environm ental**  **Management System for this facility. In addition, the permittee shall continue to:** 

• **Implement a model Environmental Management System Program whi**  **ch will enable a farm not owned by the permittee to adapt the model system wi**  **th reasonable ease for use on the farm in a manner appropriate to the nature, scale and environ**  **mental impacts of the farm,**

• **Encourage and assist swine farms doing business wi th the permittee, through contract or**  **independent usage operations, to participate in the model EMS program, and** 

• **Make the program available to farms not owned by p ermittee or doing business with the permittee**  **through the Division.**

**A (4) (f) Hog Farm Purchasing Restriction The permittee shall not purchase hogs from any farm**  **constructed after December 1, 2002 unless such hog farm employs technologies that are innovat**  **ive [identified pursuant to S.L. 1998, c.188, s.2, paragraph (b) 8(a)-(e) and paragraph (c)] or that a**  **re implementing technologies under the Smithfield Agreement (entered on July 25, 2000, between the co**  **mpany and the Attorney General of North Carolina) which will:** 

• **Eliminate the discharge of animal waste to surface waters and groundwater through direct**  **discharge, seepage, or runoff; Permit. NC0078344** 



### 8 • **Substantially eliminate atmospheric emissions of a mmonia;** 

• **Substantially eliminate the emission of odor that is detectable beyond the boundaries of the parcel** 

**or tract of land on which the swine farm is located ;** 

• **Substantially eliminate the release of disease-tra nsmitting vectors and airborne pathogens; and** 

• **Substantially eliminate nutrient and heavy metal c ontamination of soil and groundwater.** 



### A (5) NONCOMPLIANT HOG FARM OPERATION RESTRICTION **The permittee shall not process at the permitted fa cility, for a period of 12 months, any hog finished**  **on a farm owned or operated by the permittee or its pa**  **rent, subsidiary or affiliate [as defined by 143- 215.1 (b)] that has been the subject of the followi**  **ng types of enforcement actions for discharging animal waste to surface waters or wetlands, or appl**  **ying animal waste to land in excess of the approved application rate: a) a final assessment of**  **a civil penalty pursuant to G. S. 143-215.6A; b) t he**  **imposition by a federal district court of a civil p enalty under the federal Clean Water Act or the**  **administrative assessment by the U.S. EPA of a pena lty, but only when the order assessing the**  **penalty becomes final; or c) a criminal conviction of one of the involved corporate entities or of a**  **responsible corporate official by a court of compet ent jurisdiction. For purposes of this special**  **condition, a civil penalty has been finally assesse d where either: a) the assessment is not contested,**  **or b) the assessment is contested and upon review t he assessment is upheld in whole or in part. The**  **permittee shall continue to utilize the record keep ing system as implemented and shall continue to**  **report to the Division on a monthly basis.**



### A (6) SUPPLEMENTAL MONITORING PROVISION **The permittee shall monitor and report BOD5, NH3-N, TSS, and flow seven days per week, 365 days**  **per year, and shall report the results monthly. Th e Division may also require, at the Director’s**  **discretion and without amending the permit, that th e permittee monitor and report additional**  **constituents, including but not limited to antibiot ics and hormones.** 



### A (7) REQUIREMENT TO DOCUMENT FLOW SOURCES **The permittee shall notify the Division (both the C entral Office in Raleigh and the Fayetteville Regio**  **nal Office) of any addition or major changes with regar**  **d to contributing flows to the plant. Major change s**  **in flow are defined as contributing flows different in scope and composition from those already**  **documented as part of the application for NPDES per mit renewal. Additions in flow are defined as**  **any additional sources other than those listed as p art of the application for NPDES permit renewal.**