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 North Carolina Environmental Management 

Commission, and the Federal Water Pollution Control Act, as amended, 

Smithfield Packing Company, Inc. 

is hereby authorized to discharge wastewater and stormwater 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 River in the Cape Fear River Basin 

in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 

I, II, and III hereof. 

This permit shall become effective February 1, 2012. 

This permit and the authorization to discharge shall 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 Commission 

 
Permit. NC0078344 

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SUPPLEMENT TO PERMIT COVER SHEET 

Smithfield Packing Company, Inc. – Tar Heel Division 

is hereby authorized to: 

1. Continue to operate an existing 3.0 MGD wastewater 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 treatment facility consists of a pretreatment system 

and a main treatment system. The pretreatment system utilizes bar screens, a dissolved air flotation 

(DAF) unit and a centrifuge system for dewatering sludge residuals. The main treatment system 

consists of two (2) anaerobic lagoons, three (3) anoxic basins, four (4) aeration basins, four (4) final 

clarifiers, four (4) tertiary filters (one filter exclusively 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. Solids 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, in 

Tar Heel in Bladen County; 

2. Operate the treatment plant in accordance with the 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 map 

into the Cape Fear River, which is classified C waters in the Cape Fear River Basin. 
Permit. NC0078344 

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N

Latitude: 35o45’40” 

Longitude: 78o

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 

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A (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

 

During the period beginning on the effective date of the permit and lasting until expiration, the 

permittee is authorized to discharge from outfall number 001. Such discharges shall be limited and 

monitored by the permittee as specified below: 

PARAMETER 

LIMITS MONITORING REQUIREMENTS

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, 20oC 

(April 1 – October 31) 

250.0 lbs/day 500.0 lbs/day 

(30.0 mg/L) 7 Days/Week Composite Effluent 

BOD, 5-day, 20oC 

(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 

NH3 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 

NH3 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 

(NO2+NO3+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 Effluent 

Oil and Grease 319.6 lbs/day 639.2 lbs/day Weekly Grab 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 foam in other than trace amounts. 

Footnotes are shown on the following page. 
Permit. NC0078344 

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A (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

 (Continued) 

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

1. Upstream - at least 100 feet above discharge. Downstream - on the upstream side of Lock 

 and Dam #2. See A (2) for specific instream sampling 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 values reported below 50 μg/L to be in compliance 

 with the permit. However, the Permittee shall continue to record and submit all values reported 

 by a North Carolina certified laboratory (including 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 Flow" should be reported. 

A (2) INSTREAM SAMPLING REQUIREMENTS 

All stream samples shall be grab samples. Stream samples for dissolved oxygen, fecal coliform, 

temperature, and conductivity shall be collected three 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 waived as a result of Smithfield’s participation in the 

Middle Cape Fear River Basin Association per the Memorandum of Agreement between the Division 

and the Association. Instream sampling requirements will be reinstated should Smithfield cease its 

participation in the Association. 

Per NCAC 2B .0505(c) (4), stream sampling is not required when flow conditions or weather 

conditions pose a substantial risk of injury or death to persons collecting samples. 
Permit. NC0078344 

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A (3) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) 

The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant 

mortality to Ceriodaphnia dubia at an effluent concentration of 0.58 %. The permit holder shall 

perform at a minimum, quarterly monitoring using test procedures outlined in the “North Carolina 

Ceriodaphnia Chronic Effluent Bioassay Procedure,” Revised February 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 be performed at the NPDES permitted final effluent 

discharge below all treatment processes. 

If the test procedure performed as the first test of any single quarter results in a failure or ChV below 

the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the 

two following months as described in “North Carolina Phase II Chronic Whole Effluent Toxicity Test 

Procedure” (Revised-February 1998) or subsequent versions. 

The chronic value for multiple concentration tests will be determined using the geometric mean of the 

highest concentration having no detectable impairment of reproduction or survival and the lowest 

concentration that does have a detectable impairment of reproduction or survival. The definition of 

“detectable impairment,” collection methods, exposure regimes, and further statistical methods are 

specified in the “North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure” (RevisedFebruary 1998) or subsequent versions. 

All toxicity testing results required as part of this 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 27699-1621 

Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no 

later than 30 days after the end of the reporting period for which the report is made. Test data shall 

be complete, accurate, include all supporting chemical/physical measurements and all 

concentration/response data, and be certified by laboratory 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 of the waste stream. 

Should there be no discharge of flow from the facility during a month in which toxicity monitoring is 

required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test 

form indicating the facility name, permit number, pipe number, county, and the month/year of the 

report with the notation of “No Flow” in the comment area of the form. The report shall be submitted to 

the Environmental Sciences Section at the address cited above. Should the permittee fail to monitor 

during a month in which toxicity monitoring is required, monitoring will be required during the following 

month. Should any test data from this monitoring requirement or tests performed by the North 

Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may

be re-opened and modified to include alternate monitoring requirements or limits. 

NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control 

organism survival, minimum control organism reproduction, and appropriate environmental controls, 

shall constitute an invalid test and will require immediate follow-up testing to be completed no later

than the last day of the month following the month of the initial monitoring. 

 
Permit. NC0078344 

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A (4) MAXIMUM PRODUCTION LEVELS AND RELATED CONDITIONS 

A (4) (a) Bi-Weekly Maximum Production 

Production at the Smithfield Packing Company, Incorporated’s Tar Heel facility shall not exceed a biweekly maximum production level of 390,000 hogs slaughtered per two-week period. This production 

level is based on the Authorization to Operate issued by the Division of Water Quality and the facility’s 

engineering certification. 

A (4) (b) Annual Maximum Production 

(i) In addition to not exceeding the bi-weekly maximum 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 established pursuant to G.S. 143-214.1, 143-214.2, or 

143-215, or has violated or failed to act in accordance with the terms, conditions, or requirements of

this permit, the annual production level shall revert 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 average of 1.78 MGD, beginning with calendar year 

2012. After the construction and start-up of the Bladen 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 groundwater withdrawals seven days per week, 365 

days per year, and report the results to the Division 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 level established in A (4) (a) or exceeds the 

annual maximum production levels established in section A (4) (b). Any exceedance will trigger the 

stipulated penalty, and, if the slaughtering of a hog 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 Environmental 

Management System for this facility. In addition, the permittee shall continue to: 

• Implement a model Environmental Management System Program which will enable a farm not 

owned by the permittee to adapt the model system with reasonable ease for use on the farm in a 

manner appropriate to the nature, scale and environmental impacts of the farm, 

• Encourage and assist swine farms doing business with 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 permittee 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 innovative [identified pursuant to S.L. 1998, c.188, s.2, 

paragraph (b) 8(a)-(e) and paragraph (c)] or that are implementing technologies under the Smithfield 

Agreement (entered on July 25, 2000, between the company 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 

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• Substantially eliminate atmospheric emissions of ammonia; 

• 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-transmitting vectors and airborne pathogens; and 

• Substantially eliminate nutrient and heavy metal contamination of soil and groundwater. 

A (5) NONCOMPLIANT HOG FARM OPERATION RESTRICTION

The permittee shall not process at the permitted facility, for a period of 12 months, any hog finished on 

a farm owned or operated by the permittee or its parent, subsidiary or affiliate [as defined by 143-

215.1 (b)] that has been the subject of the following types of enforcement actions for discharging 

animal waste to surface waters or wetlands, or applying 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) the 

imposition by a federal district court of a civil penalty under the federal Clean Water Act or the 

administrative assessment by the U.S. EPA of a penalty, 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 competent jurisdiction. For purposes of this special 

condition, a civil penalty has been finally assessed where either: a) the assessment is not contested,

or b) the assessment is contested and upon review the assessment is upheld in whole or in part. The 

permittee shall continue to utilize the record keeping 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. The Division may also require, at the Director’s 

discretion and without amending the permit, that the permittee monitor and report additional 

constituents, including but not limited to antibiotics and hormones. 

A (7) REQUIREMENT TO DOCUMENT FLOW SOURCES 

The permittee shall notify the Division (both the Central Office in Raleigh and the Fayetteville Regional 

Office) of any addition or major changes with regard to contributing flows to the plant. Major changes 

in flow are defined as contributing flows different in scope and composition from those already 

documented as part of the application for NPDES permit renewal. Additions in flow are defined as 

any additional sources other than those listed as part of the application for NPDES permit renewal.