Goodwill Industries of the Southern Peidmont variances completion file V3

Please note that approval of this variance by the Environmental Management Commission represents
final action on this request pursuant to the requirements of ISA NCAC 2L .0113. If you need to discuss
this letter further, please feel free to contact me at [phone].
cc: Preston Howard
Arthur Mouberry
Groundwater Section Assistant Chiefs
Tom Warburton
Mooresville Regional Groundwater
James Ponder (S&ME, Inc)
Sincerely,
~~~;z
Arthur Mouberry, P.E.,
· Chief, Groundwater Section
Sherri Knight
Jennie Odette
Allen Schiff
Dr. Ken Rudo
David Hance
DWQ-Public Information Officer
2
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A Preston Howard, Jr., P.E., Director
I?~-~ ,_ -nan
DEHNR
September 8, 1995
MEMORANDUM:
TO:
FROM:
Dr. Ken Rudo, Ph.D, Toxicologist,
Environmental Epidemiology Section
Arthur Mouberry, P.E., Chief ,L:iJ
Groundwater Section @-
SUBJECT: Goodwill Industries Request for Variance from
15A NCAC 2L .0202 Groundwater Quality Standards
for Property at 2122 Freedom Drive in Charlotte, North
Carolina.
Attached is a variance request on behalf of the Goodwill
Industries of the Southern Piedmont from SM&E Incorporated. The
request for variance is to groundwater standards for Benzene,
Ethylbenzene, Toluene, Xylene (-o,-m, and -p), Naphthalene,
Methyl Tert-Butyl Ether, Dimethyl Phthalate, and 1,2-
Dichlorobenzene. The request is for a site contaminated by a
release from a 2,000 gallon underground storage tank used to
store diesel fuel. The area for which the variance request has
been made is entirely within the property boundaries of the
Goodwill Industries of the Southern Piedmont. This facility has
been primarily used to assist and provide vocational training to
handicapped persons. According to information submitted by the
company, Goodwill Industries is within a heavily industrialized
area of the City of Charlotte. Monitoring well data indicates
contamination in excess of groundwater standards in 15A NCAC 2L
.0202. Goodwill Industries of the Southern Piedmont does not
believe that any public benefit can be gained through continued
groundwater remediation efforts.
Please review the attached report and provide the
Groundwater Section with a r~commendation regarding this request.
If possible, the Section would like to receive your response by
October 13, 1995. Upon receiving your recommendation, the
Section will forward a recommendation to the Director of the
Division of Environmental Management.
If you need additional assistance or information please call
me at 733-3221.
cc: Carl Bailey
Dr. Burrie Boshoff
David Hance
Mooresville Regional Office Groundwater Supervisor
P.O. Box 29535. Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
5.
6.
7.
8.
m.
1.
970011 (AQ) . Page 61
Hearing Officer's Report on Adoption of R~es for Air Quality
Permitting Expedited Procedures for P.E. Certified Applications
and Amendments to the Excess Emissions Reporting and Malfunctions
Ruie
970012 (AQ) Page 63
Hearing Officer's Report on Adoption of Rules for Municipal Waste
Combustors
970013 (AQ) . Page 65
Request to Proceed to Public Hearing on Amendments to Clarify
Mr Quality Rules Pertaining to Visible Emissions and to
Incinerators and on Amendments to Air Quality Rules to Change
the Division Name
970014 (WQ) · Page 96
Request Pennission to Proceed to Rule Making With Proposed
Rule Language for the Use Restoration Waters (URW) Program
Initiative
Status Reports
Status Report by EMC Committee Chairmen
a. NPDES Committee
b, Water Quality Committee
c. Groundwater Committee
d. Air Quality Committee
e. Steering Committee
IV. Information Items Page97
1.
2.
Active Groundwater SOCs Information during the period from
January 10, 1997 tbrough February 10, 1997
Aciiv~ Water Quality SOCs Signed from January 17, 1997
Through February 24, 1997
Civii Penalties and fuvestigative Costs Paid and Assessed since
Janual'y 14, 1997
Concluding Remarks
By Commission Members
Bv Directors By Counsel
By Chairman
Adjournment
2
5.
6.
,.,
t.
m.
1.
970011 (AQ) 0 Page 61
Hearing Officer's Report on Adoption of Rnles for Air Quality
Permitting Expt:dited Procedures for P.E. Certified Applications
and Amendments to the Excess Emissions Reporting and Malfunctions
Rule
970012 (AQ) Page 63 .
Hearing Officer's Report on Adoption of Rules for Municipal Waste
Combuston;
970013 (AQ) . Page 65
Request to Proceed to Public Hearing on Amendments to Clarify
Air Quality Rules Pertaining to Visible Emissions and to
Incinerators and on Amendments to Air Quality Rules to Change
the Division Name
970014 (WQ) · Page 96
Request Permission to Proceed to Rule Making With Proposed
Rule Language for the Use Restoration Waters (URW) Program
Initiative
Status Reports
Status Report by EMC Committ~e Chaim1en
a. NPDES Committee
b., Water Quality Committee
c. Groundwater Committee
d. Air Quality Committee
e. Steering Committee
IV. Information Items Page97
1. Active Groundwater SOCs Information during the period from
January 10, 1997 through February 10, 1997
2. ActiV{! Water Quality SOCs Signed from January 17, 1997
Through February 24, 1997
3. Civii Penalties and Investigative Costs Paid and Assessed since
January 14, 1997
V. Concluding Remarks
B.Y Commission Members
Bv Directors By Counsel
By Chairman
Adjournment
2
I•-•· I...
Author:
'l_ate:
David Hance at NRGWS0lP
2/28/97 10:49 AM
l:'iority: Normal
Receipt Requested
TO': [e-mail] at
TO: [e-mail] at
CC: David Hance
CC: BChristian®mro.ehnr.state.nc.us
Subject: A reminder: EMC meeting on
DEAR ALLEN AND SHERRI;
Internet
Internet
at Internet ·
March 13, 1997 -Goodwill varianc
Message Contents------------------------------------
JUST A REMINDER THAT THE EMC WILL BE MEETING ON THE 13TH OF MARCH
AND THE COMMISSION IS ANTICIPATED TO TAKE FINAL ACTION ON THE GOODWILL
INDUSTRIES VARIANCE IN CHARLOTTE NC. THE DIRECTOR OR HIS DESIGNEE WILL
PRESENT THIS TO THE COMMISSION. YOUR PRESENCE AT THIS MEETING WILL SERVE TO
ASSIST IN ADDRESSING ANY QUESTIONS THE COMMISSION MEMBERS HAVE ON THIS
VARIANCE.
THE EMC MEETING IS AT 9:00 AM AND IS NORMALLY HELD IN THE ARCHDALE
BUILDING GROUND FLOOR HEARING ROOM. I HAVE NOT YET SEEN AN AGENDA.
IF WE NEED TO TALK GIVE ME A CALL AT [phone].
DH
AGENDA ITEM:
EXPLANATION:
Hearin g Officer's Re port and Re quest for Variance for a Site Owned by
the Goodwill Industries of the Southern Piedmont in Charlotte . North
Carolina.
Goodwill Industries of the Southern Piedmont is located inside the city limits of
Charlotte at 2122 Freedom Drive, Goodwill Industries of the Southern Piedmont is a
non-profit organization and serves as a vocational rehabilitation training center for the
handicapped. The Goodwill Industries site consists of approximately 2.98 acres of land.
Approximately one-half of the land area is covered by the building that houses Goodwill
Industries. Goodwill Industries of the Southern Piedmont is located within an area with
a mixture of commercial, industrial, and residential development.
On November 21, 1991 Goodwill Industries removed a 2,000 gallon
underground storage tank containing diesel fuel that was located at the northwest comer
of the building. The tank closure investigation revealed that the tank had leaked it's
contents into surrounding soil. In August 1991 a Comprehensive Site Assessment was
completed and revealed a plume of groundwater contamination beneath the building and
parking lot of this property. The area of the plume was estimated to be approximately
60,000 square feet. On April 14, 1992 Goodwill Industries of the Southern Piedmont
was informed that the Comprehensive Site Assessment had been completed to the
satisfaction of the Division. Goodwill Industries submitted a Corrective Action Plan to
address soil contamination on April 15, 1992. This corrective action plan was
implemented on September 6, 1992. Goodwill Industries later submitted a separate
Corrective Action Plan to the Division on July 2, 1992 to cleanup groundwater. The plan
called for the implementation of a pump-and-treat groundwater cleanup system. Pump-
and-treat technology uses a pump to convey contaminated groundwaters from beneath
the land, treats these groundwaters to remove contaminants, and return the treated water
to a permitted discharge. The Corrective Action Plan was approved by the Division on
October 22, 1992. The Charlotte-Mecklenburg Utility Department issued a permit to
discharge treated water from the pump-and-treat groundwater remediation system into
the nearby sanitary sewer.
Beginning in May 1991 the Division of Water Quality required Goodwill
Industries to perform groundwater monitoring to determine the vertical and lateral extent
of contamination at the site and to determine the effectiveness of groundwater cleanup.
Monitoring wells at this site have shown insignificant reductions in Benzene as a result
of using pump-and treat technology. Groundwater sampling has also been conducted
at recovery wells used as sumps to collect groundwater, free product, and dissolved
hydrocarbons. Although concentrations of substances appear to be decreasing in
recovery wells, significant reductions in the concentrations of Naphthalene and Benzene
have not been observed in recovery wells. No significant increase in concentrations of
substances was observed as a result of the temporary cessation of pump-and-treat
operations that was approved by the Division in October 1994. The temporary
interruption of the cleanup system was done to determine if residual concentrations of
substances in groundwater and the subsurface would increase significantly if no
treatment system was in operation. On July 28, 1995 Goodwill Industries submitted a
variance request to the Chairman of the Environmental Management Commission
pursuant to ISA NCAC 2L .0113(b). An increase in the concentration of Naphthalene
was reported from the April 17, 1996 semiannual monitoring event from Monitoring
well# 5. This well is located within the area of the contaminate plume and is beneath
1
the building.
No known sources of drinking water from water wells or surface water supplies
are known to exist within a½ mile radius of this property. The Charlotte-Mecklenburg
Utilities Department has indicated that the average depth of public water supply lines in
this area are four feet from the ground surface and are too shallow to be impacted by
constituents found in groundwater beneath Goodwill Industries. The company believes
that the variance will not impact surface waters in the area.
On July 28, 1995 Goodwill Industries submitted a variance request to the
Chairman of the Environmental Management Commission pursuant to 15A NCAC 2L
.0113(b). On October 13, 1995 the Mooresville Regional Office recommended approval
of this variance request be made on the condition that an additional monitoring well be
installed and that semiannual monitoring be conducted at selected monitoring wells at
the site.
Pursuant to 15A NCAC 2L .0113( d) and ( e ), public notice of this variance was
sent to adjacent property owners, the Mecklenburg County Health Director, the City
Manager of Charlotte, and the Mayor of Charlotte. Notice of this hearing was also
published in the February 15, 1996 edition of the Charlotte Observer to meet the
requirements of 15A NCAC 2L ~0113(e)(l)(A). In addition, approximately 130 notices
of this variance were sent to persons listed in the "Groundwater Variance and
Regulatory Actions Mailing List" to meet the requirements of 15A NCAC 2L
.0113(e)(l)(F). On March 19, 1996 a public hearing on this proposed variance was held
pursuant to 15A NCAC 2L .0113 in Charlotte, North Carolina.
The hearing was attended by three persons representing Goodwill Industries of
the Southern Piedmont and their consulting firm S&ME Inc. No oral comments were
expressed at the hearing and no written comments were received during the hearing.
Only one written comment was received prior to the closing of the hearing record on
April 19, 1996 from Mr. James Ponder, the project geologist with S&ME Inc. Mr.
Ponder proposed a semi-annual monitoring schedule for one year followed by annual
sampling thereafter. These recommendations were based upon discussions with
Mooresville Regional Office staff. His comments also addressed specific analytical
methods to be used and the infeasibility of installing an additional monitoring well.
On.June 21, 1996, the North Carolina General Assembly enacted Senate Bill
1317 into law that allows clean-up activities to be temporarily suspended pending
adoption of risk-based assessment and corrective action rules for certain sites where
releases of petroleum from underground storage tanks have occurred. The legislation
specifies that sites with a priority ranking of C, D, or E be classified as Class CDE must
suspend cleanup activities including monitoring. Senate Bill 1317 also requires that
responsible parties of these sites will not receive reimbursements for the state trust fund
unless they can meet the hardship provisions of the law. In light of the fact that the
Goodwill Industries site in the proposed variance falls under this classification, the
Division informed the company that it will not require cleanup of the site at 2221
Freedom Drive at the present time. This notification was sent to Goodwill Industries
through it's consultant on September 6, 1996. It was also requested that Goodwill
Industries of Southern Piedmont inform the Groundwater Section of intention to
continue pursuing a variance in light of this legislative change. On September 11, 1996
Goodwill Industries of the Southern Piedmont informed that Groundwater Section of its
intention to continue pursuing a variance at this site.
Based upon the legislation enacted in Senate Bill 1317, Goodwill Industries
interest in a variance for this site, and site specific factors shown in the September 16,
1996 letter ( See Attachment # 5 of the Hearing Officer's Report), the Mooresville
Regional Office revised previous recommendations for monitoring requirements. The
Mooresville Regional Office recommends that no monitoring be required as a condition
of granting the variance request. This recommendation is based on the amount of soil
2
..
and groundwater remediation conducted at the site, the fact that the plume of
contamination does not appear to be migrating offsite, the low risk the site poses to
drinking water supplies, and other factors shown in the September 16, 1996 letter
It must be noted that a total of$371,896 has been expended to clean-up this site,
approximately $294,774 incurred from the State Underground Storage Tank Trust Fund.
This included contaminated soil removal to the extent practicable and groundwater
extraction and treatment. Goodwill Industries of the Southern Piedmont has submitted
supporting information demonstrating that continued operation of best available
technology will not result in significant long term remediation of the site to the
groundwater quality standards in 1 SA NCAC 2L .0202 and contend that continued
operation of the existing system will be a serious financial burden without equal or
greater public benefit.
Contaminated soil ( 1154 tons) has been excavated and disposed of appropriately.
A groundwater pump and treat system was in operation for approximately 18 months and
treated in excess of 2 million gallons of water. There has been no significant increase
of contaminants since the system has been shut down. The contaminated groundwater
plume is limited to the site near Monitoring Well# S and has not impacted off-site
properties at this time. Groundwater modeling predicts that it would take 10 years for
the contaminant plume to reach adjoining property assuming no attenuation or
degradation of the contaminants. This variance request applies only to an area of
property owned by Goodwill Industries of the Southern Piedmont.
RECOMMENDATION:
It is recommended that the Environmental Management Commission grant the variance
request for Goodwill Industries of the Southern Piedmont ( Groundwater Incident Number #
8094) pursuant to the requirements of ISA NCAC 2L .0113 and North Carolina General Statute
143-215.J(e). It is also recommended that this variance request be approved without further
monitoring requirements based upon the low site priority ranking of the site, the limited areal
extent of contamination, the ability of the contaminants to attenuate, and the financial burden on
Goodwill Industries of continued remediation without significant environmental improvement.
3
, '-\\!' ;~~,
-. '\. --,_., ..
DMSION OF WATER QUALITY
GROUNDWATER SECTION
December 12, 1996
MEMORANDUM
TO : Preston Howard, Director
THROUGH: Harlan Britt, Deputy Director-11 f p __
THROUGH: Arthur Mouberry, Section Chief ~ /
'5,1/zfJIL
FROM: Sherri Knight, Groundwater Supervisor
Winston-Salem Regional Office
SUBJECT: Hearing Officer's Report and Recommendations
Variance Request from 15A NCAC 2L .0202 and .01060)
Goodwill Industries of the Southern Piedmont
2122 Freedom Drive
Charlotte, Mecklenburg County
Groundwater Incident # 8094
Site Priority Ranking 'E' of-Category 'CDE'
In accordance with your memorandum dated March 14, 1996, a Public Hearing was held
on March 19, 1996 at 7:00 p.m. in the Criminal Courts Building of the Mecklenburg County
Courthouse in Charlotte, North Carolina. I served as the hearing officer and a summary of the
public hearing and my recommendations are attached for your consideration.
The issue concerns whether the Environmental Management Commission (EMC) should
approve or deny a request for a variance of the Groundwater Quality Standards inTitle 15A North
Carolina Administrative Code (NCAC) Subchapter 2L .0202 (15A NCAC 2L .0202) and 15A
NCAC 2L .01060). Such a variance may be granted by the EMC under the authority of North
Carolina General Statute (NCGS) 143-215.3(e). The procedures for application and for public
notification found in 15A NCAC 2L .0113 have been followed for this request .
Also attached for your review and consideration are those documents considered relevant
to this request including a summary of background information.
If you have any questions, please do not hesitate to call . .,
PUBLIC HEARING
A public notice was published advising interested parties that a public hearing was
scheduled on March 19, 1996 (Attachment 1). The public hearing was conducted as scheduled.
The Division was represented by four staff members:
Sherri Knight
Allen Schiff
Keith Overcash
David Hance
Hearing Officer
Mooresville Regional Office
Mooresville Regional Office
.Recorder
The hearing was attended by three citizens representing Goodwill Industries of the
Southern Piedmont and their consulting firm S&ME (Attachmeni 2). No one present requested
to make verbal comments. Opening remarks were given by the hearing officer, followed by the
staff presentation by Allen Schiff (Attachment 3). No written comments were received during the
hearing and only one was received prior to the closing of the hearing record on April 19, 1996
(Attachment 4).
In general, the written comments, submitted by James Ponder, project geologist with
S&ME, proposed a semi-annual monitoring schedule for one year followed by annual sampling
thereafter. These recommendations were based upon discussions with Mooresville Regional
Office staff. The comments also addressed specific analytical methods to be used and the
infeasibility of installing an additional monitoring well.
On June 21, 1996, the North Carolina General Assembly enacted Senate Bill 1317 into law
that allows clean-up activities (including monitoring) to be temporarily suspended pending
adoption of risk-based assessment and corrective action rules for certain sites where releases of
petroleum from underground storage tanks have occurred. The legislation specifies that sites with
a priority ranking of C,D, or Ebe classified as "Class COE". In light of the fact that the
Goodwill Industries site in the proposed variance falls under this classification, the Division
informed the company that it will not require cleanup of the site at 2221 Freedom Drive at the
present time. This notification was sent to Goodwill Industries through it's consultant on
September 6, 1996. It was also requested that Goodwill Industries of Southern Piedmont inform
the ·Groundwater Section of intention to continue pursuing a variance in light of this legislative
change. On September 11, 1996 Goodwill Industries of the Southern Piedmont informed that
Groundwater Section that it intends to continue pursuing a variance at this site.
Based upon the legislation enacted in Senate Bill 1317, Goodwill Industries interest in a
variance for this site, and site specific factors shown in the September 16, 1996 letter (Attachment
# 5), the Mooresville Regional Office revised previous recommendations for monitoring
requirements. The Mooresville Regional Office recommends that no monitoring be required as
a condition of granting the variance request. This recommendation is based on the amount of soil
and groundwater remediation conducted at the site, the fact that the plume of contamination does
~ . ,... i. I r
< '
Attachment # 1 ~ PUBLIC NOTICE
.,
.. , ' ATTJ.l(MNT #1
i " ~ i NOTICE OF VARIANCE APPLICATION AND HEARING
DEPARTJvffiNT OF ENVIROmIBNT,·HEALTH AND NATURAL
RESOURCES
DMSION OF ENVIRONMENTAL MANAGEMENT
Notice is hereby given of a variance application and public hearing to be held by the Department
of Environment, Health and Natural Resources on behalf of the Environmental Management Commission.
The hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L
.0202 and the. Cqrrective Action requirements of 15A NCAC 2L .0106 G) for Goodwill Industries of the
Southern Piedmont, Inc. The variance application from Goodwill Industries was received for review by
the Department on July 28, 1995. ·
The property where the release of petroleum-product has occurred is located as follows: Enter the
City of Charlotte from Interstate 85 and take Freedom Drive (US 27) toward downtown. Go 3/4 of a mile.
Goodwill Industries is located at the corner of Berryhill Road and Freedom Drive. The street address for
this property is 2122 Freedom Drive.
Goodwill Industries requests that the Environmental Management Commission grant the following
variance to it's rules under the authority of ISA NCAC 2L .0113 so that it does the following:
I
(1) Allow concentrations of Benzene, Toluene, Ethyl benzene, Xylene (-o,-m, and p ), Naphthalene,
Methyl Tert-Butyl Ether (MTBE), Dimethyl Phthalate, and 1,2-Dichlorobenzene to remain at levels
above 15A NCAC 2L .0202 standards as analvzed Anril 13 . 1 . These concentrations will
e required to remain within the property boundaries of the Goodwill Industries of the Southern
Piedmont.
The Goodwill Industries site consists of approximately 2.98 acres of land. Approximately one-
.. half of the land area is covered by the building that houses Goodwill Industries. Goodwill
Industries of the Southern Piedinont is located within an area with a mixture of commercial,
industrial, and residential development. On November 21, 1991 Goodwill Industries removed a
2,000 gallon underground storage tank containing diesel fuel that was located at the northwest
corner of the building .. The tank closure investigation revealed that the tank had leaked it's contents
into surrounding soil. In August 1991 a : Comprehensive Site· Assessment was completed and
revealed a plume of groundwater contamination beneath the building and parking' lot of this
property. The area of the plume was estimated to be approximately 60,000 square feet. Goodwill
Industries submitted a Corrective Action Plan to address soil contamination on April 15, 1992
which was approved and implemented on September 6, 1992." Goodwillindustries later submitted
a separate Corrective Action Plan was submitted to the Division on July 2, 1992 to cleanup
groundwater. The plan called for the implementation of a pump-and-treat groundwater cleanup
. system. The Corrective Action Plan was approved by the Division on October 22, 1992.
Beginning in May 1991 the Division of Environmental Management required Goodwill
Industries to perform groundwater monitoring to determine the vertical and lateral extent of
contamination at the site and to determine the effectiveness of groundwater cleanup. Monitoring
wells at this site have shown insignificant reductions in Benzene as a result of using pump-and
treat technology. Groundwater sampling has also been conducted at recovery wells used as sumps
to collect groundwater, free product, and dissolved hydrocarbons. Although concentrations of
substances appear to be decreasing in recovery wells, significant reductions iri the concentrations
1
2)
_;_J
. ' I
ATTACHMENT #1
r ~fNaphthalene and Benzene have not been observed in recovery wells. No significant increase in
concentrations of substances was observed as a result of the temporary cessation of pump-and-treac
operations. On July 28, 1995 Goodwill Industries submitted a variance request to the Chairman
of the Environmental Management Commission pursuant to ISA NCAC 2L .0113(b).
No known sources of drinking water from water wells or surface water supplies are known
to exist within a 1/2 mile radius of this property. The Charlotte-Mecklenburg Utilities Department
has indicated that the average depth of public water supply lines in this area are four feet from the
ground surface · and are too shallow to be impacted by constituents found in groundwater beneath
Goodwill Industries. The company believes that the variance will not impact surface waters in the
area.
~
Allow for the restoration of groundwater without requiring remedial actions in accordance with
:.:Y c-..
15A NCAC 2L .0106G). Goodwill Industries of the Southern Piedmont has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained
in ISA NCAC 2L .0202. Since discovery of the release on November 21, 1990 the Goodwill
Industries of the Southern Piedmont has disposed of a total of 1154 tons of diesel fuel
contaminated soil. Goodwill Industries of the Southern Piedmont has treated an estimated
2,108,18S gallons of groundwater to comply with the cleanup requirements of the Corrective
Action Plan that was approved on October 22, 1992. Goodwill Industries reports that a total of
$371,896 has been expended to cleanup this site. This total cost includes approximately $294,774
that was incurred to the State's Underground Storage Tank Trust Fund. Goodwill Industries has
shown that when the operation of the pump-and-treat groundwater remediation system was
temporarily interrupted the groundwater data indicated no increase in the concentration of any
constituent in monitoring wells.
_ _J
Goodwill Industries of the Southern Piedmont has considered the use of air sparging with
yapor extraction as an alternate technology to the pump-and-treat groundwater remediation system.
The company does not believe this technology is economically reasonable or practical to meet the
requirements of ISA NCAC 2L .0113(c)(5). The total estimated cost of installing this technology
plus one years maintenance is $100,000. In addition, the company believes that installation of this
technology will necessitate the temporary closing of the facility and result in the subsequent loss
of income.
Goodwill Industries of the Southern· Piedmont has examined the potential effectiveness of
enhanced in-situ bioremediation technology for cleaning up the rema.hting contamination at this
site. The company does not believe that this technology is the "best ·available technology
economically reasonable" as specified in ISA NCAC 2L .0113(c)(S). Goodwill Industries asserts
that the costs of the investigative work to permit injection wells and develop a corrective action
plan would likely exceed the costs of implementing a corrective action plan relying on air sparging
technology. · ·
2
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Attachment # 2 -PROCEEDING OF THE
HEARING AND REGISTRATION LIST
Attachment# 2
PROCEEDINGS OF HEARING FOR THE GOODWILL INDUSTRIES OF
THE SOUTHERN PIEDMONT VARIANCE (GW INCIDENT # 8094)
INTRODUCTION:
A public hearing was held by the Department of Environment, Health and Natural
Resources on behalf of the Environmental ~anagement Commission to receive public comment
on a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L .0202 and
the Corrective Action requirements of 15A NCAC 2L .0106 G) for Goodwill Industries of the
Southern Piedmont in Charlotte, North Carolina for property it presently owns at 2122 Freedom
Drive. The variance application was received for review by the Department on November 27,
1995 from the Goodwill Industries of the Southern Piedmont.
The hearing was held on March 19, 1°996 at 7:00 PM in the Criminal Courts Building,
Courtroom 2201, Mecklenburg County Courthouse. A total of three registered persons attended
the hearing. No one attending this hearing expressed comments and no comments were received
in writing at the hearing. No additional written comment was received by the Division by April
19, 1996 which was the final date to submit comment as specified in the public notice. ·
Pursuant to 15A NCAC 2L .0113(d) and (e), public notice of this variance was sent to
adjacent property owners, the Mecklenburg County Health Director, the City Manager for the
City of Charlotte, and the Mayor of Charlotte on February 15, 1996. Notice of this hearing was
also published in the February 17, 1996 edition of the Charlotte Observer to meet requirements ..
of 15A NCAC 2L .0113(e)(l)(A). In addition, approximately 130 notices of this variance request
were sent to persons listed in the If Groundwater Variance and Regulatory Actions Mailing List"
to meet the requirements of 15A NCAC 2L .0113(e)(l)(F).
This hearing was chaired by Ms. Sherri Knight , the Regional Groundwater Supervisor for
the Winston-Salem Regional Office.
Attendees
Goodwill Industries of the Southern Piedmont
Variance Hearing
March 19, 1996
Gary Barrett, Vice-President of Administration, Goodwill Industries of the Southern Piedmont,
P.O. Box 668768, Charlotte, N.C., 28266
Jim Ponder, Geologist, S&ME Inc., 9751 Southern Pines Blvd., Charlotte, N.C., 28223
Al Quarles, Senior Hydrogeologist, S&ME Inc., P.O. Box 7668, Charlotte, N.C., 28241
1
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.. I « 1
Attachment# 3 -HEARING OFFICER'S
SPEECH
.
• • l . ,.
ATTACJ-MENT #3 . '
Public Hearing-Variance Request
Variance to 15A NCAC 2L .0202 and 15A NCAC 2L .01060)
Goodwill Industries of the Southern Piedmont, Charlotte, North Carolina
HEARING LOCATED AT:
Mecklenburg County Courthouse
Criminal Courts Building -Courtroom 2201
700 East Fourth Street -(at 7:00 PM)
HEARING OFFICER'S SPEECH
HEARING OFFICER: Sherri Knight, Division of· Environmental Management,
Regional Groundwater Supervisor (Winston-Salem Regional
Office)
MBD1NGt 0:BFI©tii6 GOOD EVENING, I WOULD LIKE TO CALL THIS
_.· .. ;·.;.;,;.;.·;.;·;.;.·-.•·.;.::, ...... ·.·.·•-.. -.·-·. -•:·,••·.··..:..•·• .. ·:-:•:-•-· .. ,.
PUBLIC HEARING TO ORDER. MY NAME IS SHERRI KNIGHT, AND I AM
THE DMSION OF ENVIRONMENTAL MANAGEMENT'S REGIONAL
GROUNDWATER SUPERVISOR IN THE WINSTON-SALEM REGIONAL
OFFICE. I HA VE· BEEN DESIGNATED HEARING OFFICER FOR THIS
EVENING'S HEARING.
THIS HEARING IS BEING HELD PURSUANT TO NORTH CAROLINA
GENERAL STATUTE 150B-21.2. IN ACCORDANCE WITH THE GENERAL
STATUTES, A PUBLIC NOTICE OF THIS HEARING WAS PUBLISHED IN
CONFORMITY WITH 15A NCAC 2L .0113 OF THE GROUNDWATER RULES
1
..
ATTACI-MENT #3
AND GENERAL NOTICE HAS BEEN GIVEN IN LOCAL PAPERS ACCORDING
TO PROCEDURES IN 15A NCAC 2L .0113(e)(l). NOTICES WERE ALSO
DISTRIBUTED TO THE PUBLIC AT LARGE, LOCAL GOVERNMENT
OFFICIALS, AND PROPERTY HOLDERS WITHIN AND NEAR THE AREA OF
THE PROPOSED VARIAN CE.
THE PURPOSE OF THIS HEARING IS TO OBTAIN PUBLIC COMMENT
AND PARTICiPATION IN THE CONSIDERATION OF THE VARIANCE
REQUEST FOR THE GOODWILL INDUSTRIES OF THE SOUTHERN
PIEDMONT, INCORPORATED OF CHARLOTTE, NC. THE GOODWILL
INDUSTRIES IS REQUESTING THIS VARIANCE FROM RULES CONTAINED IN
15A NCAC 2L GROUNDWATER CLASSIFICATION AND STANDARDS FOR
THE PROPERTY LOCATED AT 2122 FREEDOM DRIVE. THIS PROPOSED
VARIANCE WILL APPLY ONLY . TO AN AREA . CONSISTING OF THIS
PROPERTY OWNED BY GOODWILL INDUSTRIES .OF THE SOUTHERN
PIEDMONT. GOODWILL INDUSTRIES ESTIMATES THE TOTAL AREA OF
LAND FOR WHICH THIS VARIANCE IS REQUESTED IS APPROXIMATELY
2.98 ACRES. IN THE SUPPORTING INFORMATION SUBMITTED IN THIS
VARIANCE REQUEST, GOODWILL INDUSTRIES INFORMED THE DIVISION
THAT THIS SITE IS LOCATED WITHIN AN AREA CONTAINING A MIXTURE
OF COMMERCIAL, INDUSTRIAL AND RESIDENTIAL PROPERTIES.
2
t\l I t\\,n'&Cll I 1t ~
....
THE APPLICANT PROPOSES TO ALLOW THOSE CONCENTRATIONS OF
BENZENE, TOLUENE, ETHYLBENZENE AND XYLENES, Dll\1ETHYL
PHTHALATE, AND 1,2-DICHLOROBENZENE TO REMAIN AT LEVELS AS
FOUND DURING THE APRIL 13, 1995 GROUNDWATER ANALYSIS, WITHIN
THE BOUNDARIES OF THE AREA PROPOSED FOR THE VARIANCE.
GOODWILL INDUSTRIES OF THE SOUTHERN PIEDMONT ALSO PROPOSES
THAT CORRECTIVE ACTIONS REQUIRING THE APPLICATION OF BEST
AV AILABLa TECHNOLOGY IN 15A NCAC 2L .0106 (j) NOT BE APPLIED TO
THE AREA WITHIN THE BOUNDARIES OF THE PROPOSED VARIANCE.
GOODWILL INDUSTRIES REPORTED THAT A TOTAL OF $ 371,896 HAS BEEN
EXPENDED TO CLEANUP TI:ilS SITE. THIS TOTAL COST INCLUDES
APPROXIMATELY $294,774_ THAT WAS INCURRED FROM THE STATE
UNDERGROUND STORAGE TANK TRUST FUND FOR CLEANUP. GOODWILL
INDUSTRIES OF THE SOUTHERN PIEDMONT HAS SUBMITTED SUPPORTING
INFORMATION DEMONSTRATING THAT THE CONTINUED APPLICATION OF
BEST AVAILABLE TECHNOLOGY WILL NOT RESULT IN SIGNIFICANT
LONG TERM REMEDIATION OF THE SITE TO THE GROUNDWATER
QUALITY STANDARDS IN 15A NCAC 2L .0202. THE COMPANY BELIEVES
THAT APPLICATION OF BEST AVAILABLE TECHNOLOGY AT THIS
-LOCATION IS A SERIOUS FINANCIAL Th1PACT WITHOUT EQUAL OR
GREATER PUBLIC BENEFIT.
3
. .
ATTACI-MENT #3
THIS HEARING WILL CONFORM TO PROCEDURES IN 15A NCAC 2L
.0113. ADDITIONAL COPIES OF THE NOTICE OF VARIANCE APPLICATION
AND HEARING ARE LOCATED IN THIS BUILDING AND ARE AVAILABLE
FOR PUBLIC REVIEW.
A WRITTEN RECORD OF THIS HEARING WILL BE PREPARED WHICH
WILL INCLUDE ALL THE RELEVANT COMMENTS, QUESTIONS, AND
DISCUSSIONS. FOR THIS REASON, THE HEARING IS BEING TAPE
RECORDED. WRITTEN COMMENTS RECEIVED THROUGH APRIL 19, 1996
WILL ALSO BE INCLUDED IN THE RECORD. BASED ON THESE PUBLIC
COMMENTS AND ON ANALYSIS BY THE GROUNDWATER STAFF, I WILL
MAKE A RECOMMENDATION TO THE ENVIRONMENTAL MANAGEMENT
COMMISSION. IN MAKING THE FINAL DECISION, THE ENVIRONMENTAL
MANAGEMENT COMMISSION CONSIDERS THE WRITTEN RECORD, THE
RECOMMENDATION OF THE HEARING OFFICER, THE RECOMMENDATIONS
OF DIVISION STAFF, AND THE CONCERNS OF ITS MEMBERS. THE
COMMISSION MUST ALSO CONSIDER WHETHER THE APPLICANT HAS
COMPLIED WITH 15A NCAC 2L .0113(g).
IF THE APPLICANT DECIDES THAT THE COMMISSION'S DECISION IS
UNACCEPTABLE, A PETffiON MAY BE FILED ACCORDING TO
4
. . .
ATTACl-fv1ENT #3
PROCEDURES IN 15A NCAC 2L .0113(h). THE DECISION ON THE VARIANCE
BY THE ENVIRONMENTAL MANAGEMENT COMMISSION IS FINAL AND
BINDING ACCORDING TO THE CONDIDONS SHOWN IN 15A NCAC 2L
.0113(h).
AT THIS TIME I WOULD LIKE TO RECOGNIZE (names or local and state
officials) AND THANK YOU FOR ATTENDING THIS HEARING. I WOULD ALSO
LIKE TO RECOGNIZE THE FOLLOWING PEOPLE FROM THE DMSION OF .
ENVIRONMENTAL MANAGEMENT (DEM central office and DEM regional -office
perso~nel).
MR.(staffspeaker) OF THE DMSION OF ENVIRONMENTAL MANAGEMENT-
GROUNDWATER SECTION'S MOORESVILLE REGIONAL OFFICE WILL NOW
SUMMARIZE THE PROPOSED' VARIANCE WHICH IS THE SUBJECT OF THIS
HEARING.
STAFF SPEAKER: (staff speaker summarizes variance request).
HEAitffitGhOFEICBR!i THANK YOU. WE WILL NOW ACCEPT PUBLIC
• ... • .. -.. •.•::-::-.-:·.-.-:-.::.::-.• .. • .. -.:-:-:-.:: ...... •·.· .... -:-:.::::-:;., ..
COMMENT ON THE PROPOSED VARIANCE. I WOULD LIKE TO REQUEST
THAT EVERYONE FILL OUT A REGISTRATION FORM. A~ A:LL
~GISTERED SP~ •. ~ HAW MAD AN ~PPORTTJNITY ro COMMENT, I
5
..,
. .
I" -
ATTACl-fv1ENT #3
WILL ALLOW ADDITIONAL SPEAKERS AS TIME PERMITS. WHEN YOUR
NAME IS CALLED, PLEASE COME UP TO THE MICROPHONE AND STATE
YOUR NAME AND AFFILIATION. ALL COMMENTS SHOULD BE LIMITED
TO MATTERS THAT ARE RELATIVE TO THE PROPOSED ADOPTION OF THIS
VARIANCE. IF YOUR COMMENTS ARE LONGER THAN THREE MINUTES, I
WOULD LIKE TO REQUEST THAT THEY BE SUBMITTED IN WRITING. I
'
RESERVE THE RIGHT TO QUESTION SPEAKERS IF THE NEED SHOULD
ARISE.
DMSION OF ENVIRONMENTAL MANAGEMENT STAFF WILL BE
AVAILABLE TO ANSWER YOUR QUESTIONS IF NECESSARY. I WOULD
NOW LIKE TO CALL [first speaker].
[speakers ... ]
(the hearing officer, referring to THE REGISTRATION CARDS, calls each speaker to the
microphone in turn )
HEA:ltlN GL'OF.B!CERf THANK YOU [last speaker]. ARE THERE ANY MORE
·----·-•-•.•-•.,1.,. ....... ·,•, .. ·,•-;•; •• .;;.: ••...... • •.. • ..... • .. • .. ·.•-•-·-------•
COMMENTS? SINCE THERE ARE NO MORE COMMENTS, I DECLARE THE
HEARING CLOSED. THE HEARING RECORD WILL REMAIN OPEN UNTIL
12:00 PM (MIDNIGHT) ON APRIL 19, 1996. ANYONE WISHING TO SUBMIT
WRITTEN COMMENTS MAY DO SO UNTIL THAT DATE. AFTER WHICH
6
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I
ATTACl-fvlENT #3
TIME, THE COMMENTS WILL BE MADE PART OF THE PUBLIC RECORD
AND I SHALL MAKE RECOMMENDATIONS TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION. WRITTEN COMMENTS MUST BE
ADDRESSED TO DAVID HANCE AT THE DMSION OF ENVIRONMENTAL
MANAGEMENT GROUNDWATER SECTION. THE ADDRESS WRITTEN
COMMENTS NEED TO BE SENT TO IS SHOWN IN THE PUBLIC NOTICE AND
IS AS FOLLOWS:
David Hance
EHNR-DEM-Groundwater Section
P.O. Box 29S78
Raleigh, NC 27626-0578
A FACSIMILE COPY OF WRITTEN COMMENTS MAY BE SENT TO MR.
HANCE BY DIALING [phone]. HIS TELEPHONE NUMBER IN RALEIGH
IS [phone].
IT IS THE DESIRE OF THE COMMISSION TO ALWAYS ACT IN THE BEST
POSSIBLE INTEREST OF . THE PUBLIC. THEREFORE, PUBLIC
PARTICIPATION IS A VERY IMPORTANT PART OF THE RULE-MAKING
· PROCESS. I WOULD LIKE TO THANK YOU FOR ATTENDING THE
HEARING AND OFFERING YOUR COMMENTS.
7
Attachment# 4 -APRIL 4, 1996 LETTER
FROMS&ME
ATTACHMENT--# 4
April 4, 1996
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626-0535
Attention:
Reference:
Dear Mr. Hance:
·Mr. David Hance
Environmental Specialist
SUBMITTAL OF WRITTEN STATEMENTS FOR VARIANCE
Proposed Groundwater Monitoring Plan
INCIDENT NO. 8094
Goodwill Industries of the Southern Piedmont, Inc.
2122 Freedom Drive, Charlotte, NC
S&ME Project No. 1354-93-410
-· ··--~:.-:.
S&ME, Inc., on behalf of Goodwill Industries (Goodwill) Inc., submits this letter, proposing
a groundwater quality monitoring plan to be considered with the proposed variance request
for the above referenced site. S&ME proposes to collect groundwater samples from 7
_ wells (MW-1 through MW-7) and water levels in all wells semiannually for one year and
annually thereafter. The semi-annual sampling events will be performed during April 1996
and September 1996 to potentially coincide with the seasonal high and low groundwater
levels and the annual events will be scheduled during the seasonal high groundwater
levels. Additionally, we suggest that the laboratory analyses be limited to those
compounds that have consistently been detected in the monitoring wells, using EPA
Methods 602 (BTEX) plus MTBE and 610 for naphthalene .
.,.
S&ME, Inc. 9751 Southern Pine Boulevard, Olarlorte, North Carolina 28273, [phone], Fax [phone]
Malling address: P.O. Box 7668, 0,arlorte, North Carolina 28241-7668
' . '
'
Attachment #5-SEPTEMBER 16, 1996
MEMORANDUM FROM THE
MOORESVILLE REGIONAL OFFICE
MEMORANDUM
TO: · Arthur Mouberry
FROM: Allen Schiff {,i_,~
DIVISION OF w.;,TER QUALITY
September 16', 1996 .
-.......l
THROUGH: Barbara Christ;,ian k_,. -..
STJBj°ECT: Recommendation to Delete Monitoring··Requirementa --.J
I
For Goodwill Industries of the Southern Piedmont, Inc.
2122 Freedom Drive
Groundwater Incident No-. 8094
Mecklenburg County, N.C.
On October 13, 1995, the MRO forwarded you a variance
request· for the subject •site along with the · MRO' s recommendation
that selected monitor we.11.s be sampled semi-annually if the
variance was approved. ··upon further review of the variance
reg14:est ~nd 15A NCAC 2L > 0113 the MRO feels-that the variance
should be approved without any further monitoring for the/
following re_~sons : _ '
1. The groundwater contaminant plume does not extend offsite.
2. The contaminant plume, for the most part, exists under the
Goodwill building.
3. Goodwill has calculated that it would take ten years for any
--contaminants to reac.h the adjoining downgradient property,
.assuming no attenuat;•ion or degradation.
4. Goodwill has also calculated that it would take 63 years for
· the contaminants to reach the nearest surface water body,
assuming no attenuation or degradation.
5. ;Public water supply ·lines in the · area of the Goodwill
'facility are buried too shallow to be impacted by
contaminants found at the site.
6. 1154 tons of contaminated soils have been excavated and
disposed of at a permitted faqility.
7. ~ groundwater pump and treat system was in operation from
November 1, 1993 until May 5, 1995. This system treated a
total of 2,108,185 gallons of groundwater during its
operation. No significant increase of contaminants has
occurred since the system has been shut off.
170/z;o·d 8S:8 96, 81 das 8Jd fl19 W3a ~NH3a
ATTACI-MENT #5
· 8. The 9ontaminants that currently exist (see attached table) at
the Goodwill site, B·TEX, MTBE and naphthalene, have the
:capacity to degrade and attenuate.
9. No potable water supply wells exist within at least a½ mile
radius of the subject site.
10. The site is a class _E site.
In summary, this is. a very low priority setting, the minimal
contaminants remaining are known to be biodegradable, and we were
incorrect in our assumption that monitoring would always be
required upon granting a£ a variance resul~ing in 9ur concurrence
with the proposed monitoring. _If you concur with this
: recomme~dation, please forward -t _hia memo to Sherri Knight for her
comm.ep.ts. If you should· have a.ny questions, I can be reached at
704-663-1699 ext. 236.
'
At t1rchment
; ajs
1701£0"d 96, 81 das HJd M9 W3G ~NH3CT
.
'l .I! > .. .... .
Attachment# 6 -DIVISION OF WATER
QUALITY MEMORANDA CONCERNING
THE VARIANCE REQUEST FOR
GROUNDWATER INCIDENT NUMBER 8094
.! ..
DMSION OF ENVIRON1v1ENTAL MANAGE:rvffiNT
Groundwater Section
January 12, 1996
:tvIBMORANDUM
TO: · A. Preston Howard, Jr. P .E.
THROUGH: Arthur Mouberry, P.E. dj?
Chief, Groundwater Section
FROM: Carl Bailey (./:)
Assistant Chief for Planning, Groundwater Section
SUBJECT: Variance Request for the Goodwill Industries of the Southern Piedmont in
Charlotte, North Carolina.
The Groundwater Section is in the process of reviewing a request for variance from
Title 15A North Carolina General Statutes, Subchapter 2L "Classi fi cations and Water Oualitv
Standards Auv licable to the Groundwaters o f North Carolina" for the subject site. The
petitioner, Goodwill Industries of the Southern Piedmont, requests a variance from 1 SA ,
NCAC 21 .0202 (Groundwater Quality Standards) and 15A NCAC 21 .01060) (Corrective
Action Plans). ··
Attached for your consideration is a memorandum in which staff have provided
comments concerning the information required to be submittedjn support of the request in
accordance with 15A NCAC 2L. 0113(c) and which must be considered by the Environmental
Management Commission (EMC) prior to granting a variance. Based on the info~ation
received thus far, this facility seems to be a good candidate for a variance. Your concurrence
is needed so that the Division can proceed with public notice of hearing in accordance with
procedures set out in 15A NCAC 2L .0113(d) and (e) and for subsequent review by the
Environmental Management Commission.
1
t .
,·
·,
C
I/
The Groundwater Section would like present this request as an information item to the
Groundwater Committee at the February 8, 1996 meeting, if the Committee Chairman
chooses to hold a meeting. If you have any questions concerning this matter please contact
me at 733-3221.
Attachments
cc: Arthur Mouberry
Groundwater Section Assistant Chiefs
David Hance
2
. ;:.-~•-
.-.. ,-,
: .. -::-~-/
MI I J-\l,n'IC.I~ I 0
using pump-and-treat technology. Implementation of the Corrective Action Plan
was approved by the Division on October 22, 1992~ The Charlotte Mecklenburg
Utility Department (CMUD) issued a permit to discharge treated water from the
pump-and-treat groundwater remediation system into the nearby sanitary sewer.
The Division of Environmental Management required Goodwill Industries
to perform groundwater monitoring to determine the vertical and lateral extent
of contamination at the site. On September 21, 1994 the company conducted ·
comprehensive groundwater sampling at eight monitoring wells. The deepest of
the monitoring wells is known as "DMW-3" and is 44 feet below the land surface.
Groundwater samples were analyzed using US Environmental Protection Methods
602 and 625. Only Benzene was found in the monitoring wells. The highest
concentration found in a monitoring well in exceedence ofthe 15A NCAC 2L
.0202 Groundwater Quality Standard for Benzene during this sampling event was
0.011 milligrams/Liter_ in Monitoring Well# 4.
_ The Division also required Goodwill Industries to evaluate the effectiveness
of groundwater cleanup efforts by examining concentrations of substances
recovery wells used as sumps to collect free product and dissolved hydrocarbons
from the site. Samples were obtained from six recovery wells located beneat4, the
building, parking lot, and loading dock areas. Groundwater samples were ·
analyzed using US Environmental Protection Methods 602 and 625. The highest ..
Benzene concentration in a recovery well showed 0.290 milligrams/Liter at
Recovery Well# 5 beneath the building. Downgradient Monitoring Well# 7 ..
located offsite southeast next to Freedom Drive did not show any concentrations
above practical quantitation levels.
Based on these results the Division of Environmental Management
recommended the pump-and-treat system be turned off for a period of two
months to determine if residual contaminants in the soils and subsurface would
recontaminate the groundwater, if no treatment system were operating. In
December 1994 groundwater monitoring was conducted at recovery wells and
monitoring wells after the pump-and-treat system had been temporarily tu,rned
off. Four of the seven monitoring wells were sampled and all samples reported
Benzene concentrations below quantitation limits. Concentrations of Benzen~ in
· all six recovery wells showed a significant decrease during this sampling event.
Based on the results of the December 1994 monitoring, Goodwill Industries
of the Southern Piedmont informed the Charlotte-Mecklenburg Utilities
Department (CMUD) in January 1995 that it intended to request a variance at
this site. In Appendix ID the January 12, 1995 memorandum from CMUD
informed the responsible party that the existing permit to discharge treated
. groundwater into the sewer system would be extended beyond August 31, 1995
for an additional year, if the variance to terminate remediation is not granted by
the Commission during the time. As shown in Appendix m, CMUD stated that
the permit would be "extended" not "re-issued". On July 28, 1995 Goodwill
Industries sent a variance request to the Chairman of the Environmental
Management Commission pursuant to 15A NCAC 2L .0113(b ).
3
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/ l ·.
ATTACI-L'-1ENT 6
did not reveal Dimethyl Phtha.Iate contamination in Recovery Well# 5, other
recovery wells, or monitoring wells.
In Table 2 of the report, the December 9, 1994 groundwater sampling was
conducted at monitoring wells showed the concentrations of Benzene, Toluene,
Ethylbenzene,_ Xylenes, and MTBE below their respective Groundwater Quality
Standards in 15A NCAC 2L .0202. None of the monitoring wells showed
concentrations of these substances above practical quantitation li:rp.its. The only
wells that showed any concentration levels above Groundwater Quality Standards
in 15A NCAC 2L .0202 from the USEP A Method 602 analysis were the recovery
wells (RW #1 through RW # 6). The highest concentration in any single recovery
well during this period was 0.071 inilligrams per Liter (mg/L) or 71 micrograms
per Liter (ug/L) at RW # 5. The .analysis of samples using USEP A Method 625
did not reveal any concentrations of phthalate compounds, 1,2-Dichlorobenzene,
or Naphthalene in the monitoring wells above the Groundwater Quality
'Standards in 15A NCAC 2L .0202. Base/Neutral extractable compounds, such as
Anthracene, did not appear in concentrations above Groundwater Quality
Standards or Interim Maximum Allowable Concentrations in any of these wells.
Recovery Well# 5 showed Naphthalene at 0.062 mg/Lor 62 ug/L. The ~·
Groundwater Quality Standard for Naphthalene is 0.021 mg/L (21 ug/L). This
recovery well is located in the center of the building which houses Goodwill
Industries of the Southern Piedmont. It is important to note that this December ..
1994 sampling event had occurred some time afte~ the pump-and-treat system.
had been temporarily turned off pursuant to the Division's instructions. No
significant increase in concentrations of substances was observed as a result of the
temporary cess·atiori. of pump-and-treat cleanup.
On April 13, 1995 Goodwill Industries conducted a routine sampling of
monitoring and recovery wells at the site. Table 2 shows results from USEP A
Method 602 analysis. Three monitoring wells (MW # 3, DMW # 3, and MW # 4
had concentrations of Benzene above the Groundwater Quality Standard of 0.001
mg/L (1 ug/L). Mon.itoring Well # 4 had the highest concentration of Benzene at
0.004 mg/Lor 4 ug/L. Recovery Wells #1 through# 6 showed levels of Benzene
above the Groundwater Quality Standard established by 15A NCAC 2L .0202.
USEP A Method 625 analysis did . not reveal any chemicals in monitoring wells
above practical quantitation limits. Table 2 shows that Naphthalene continues to
be present in Recovery Well # S at a concentration above the standard in 15A
NCAC 2L .0202. Naphthalene was found in this well at '0.029 ing/L or 29 ug/L.
The Groundwater Quality Standard for Naphthalene is 0.021 mg/L (21 ug/L). No
other recovery wells have shown any constituents in exceedence of the standards
contained in 15A NCAC 2L .0202 as a result of analysis using USEP A Method
625.
Goodwill Industries of the Southern Piedmont has attempted to define the
vertical extent of groundwater contamination beneath the site. The deepest well
(DMW # 3) is 44 feet below the ground surface. Groundwater sampling and
analysis was conducted using USEP A Method 602 and Method 625 at three
7
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; ·: ·:.~ ,.:·.--.;.
~-.-:_:.=-:_:
ATTACl-fv1ENT 6
!
separate times in 1994 as shown in Table # 2. The analysis of the September 21,
1994 sampling event for DMW #3 showed a concentration of Benzene at 0.003
milligrams per liter. This level is in exceedence of the Groundwater Quality
Standard of 0.001 milligrams per liter for this substance in ISA NCAC 2L .0202.
The analysis of all other samples taken from this well in 1994 did not reveal any
other chemical constituent from the p·etroleum release. A semi-annual sample was
taken on April 13, 1995 at the monitoring well DMW # 3 and showed a Benzene
concentration at 0.002 mg/Lor 2 ug/L. No other substances normally associated
with a release of diesel fuel were found in this monitoring well during the April
1995 sampling. (see Table 2 of the report). _
Page 8 of the report states that the downgradient recovery well (RW # 6)
has not shown " •.. any EPA Method 625 compounds and only 28 ug/1 of benzene ... ".
Analysis of samples from the downgradient monitoring well MW # 7 has not
, shown any substances as a result of using USEP A Method 602 or Method 625.
Based on the groundwater flow velocity of 11 feet per year from the site
assessment, the company ·estimates that the time it will take the petrochemical
plume to reach monitoring well # 7 is 4.5 years. Goodwill Industries believes that
it will take a ·total of 10 years for the substances to reach the downgradient :·
property boundary. These estimates are based on conservative assumptions that
the plume will not be impacted by natural remedial processes and attenuation
effects within the subsurface.
It is not anticipated that rainfall events will significantly impact the
movement of contaminants offsite. The area where groundwater monitoring
results showed concentrations of Benzene, Naphthalene, and Dimethyl Phthalate
above the standards is beneath the building that houses Goodwill Industries of
the Southern Piedmont.· The area outside this structure is covered by an asphalt
driveway and parking area.
No sources of drinking water from water wells or surface water are known
to exist within a 1/2 mile radius of the Goodwill Industries of the Southern
Piedmont. The requirements for variance ~pplications in 15A NCAC 2L
.0113(c)(4) specify that locations of drinking water wells and other water supply
sources that are within one-half mile of the site must be shown on a map. The
report from Goodwill Industries states that there are no drinking water wells
within one-half mile of the site for which the variance has been requested. The
December 7, 1995 memorandum referencing "Private Drinking Water
Information" shows that there are no drinking water supply intakes at surface
water bodies located within a lf2 mile radius of the site. Drinking water for the
City of Charlotte is obtained from Mountain Island Lake on the Catawba River
five miles north-northwest of the site. All downgradient properties are supplied
drinking water from the City of Charlotte. There are approximately six
groundwater monitoring wells near the railroad tracks and Flemming
8
' . ATTACI-MENT 6
remediating groundwater contamination. Some of the plumbing for the pump-
and-treat cleanup system is located in various parts of the building. Continual
reliance on the pump-and-treat system will mean that Goodwill Industries will
not be able to utilize this additional space for offices.
Based on the previous installation of the pump-and-treat groundwater
remediation system, Goodwill Indusmes foresees the use of an air sparging
system with vapor recovery to cleanup the site resulting in a major disruption of
' business operations at Goodwill Industries. The floor ~pace within the Goodwill
Industries site would need major renovations in order to install this type of
system. The loading dock area would need to be closed during construction and
installation of the system causing the loss of unrecoverable revenues to the
company.
Continued operation of the pump-and-treat system may require additional
expenses on the part of Goodwill Industries. On January 12, 1995 the Charlotte-
' Mecklenburg Utility Department (CMUD) gave Goodwill Industries an
"extension" to continue discharging treated effluent from the pump-and-treat
groundwater remediation system into the city's sewer system until August 31,
1996. No indication was given by CMUD as to future extensions or reissuan~ of
a permit for the discharge beyond one year. If Goodwill Industries continues ·to
conduct corrective action that necessitates the discharge of treated effluent and ..
the CMUD does not continue permitting the discharge into the sewer system, the ..
company will need to pursue a separate discharge for this system. Such a
discharge may require the construction of piping and pumping devices to the
nearest discharge point at a surface water body. The company reports that the
nearest drainage feature is Stewart Creek located approximately 700 feet
downgradient from the site. In addition, this discharge would need to meet the
requirements of state NPDES water quality rules in 15A NCAC 2B. Permitting
and construction of a new discharge line for tlie present pump-and-treat system
would require the additional expense of funds by the responsible party.
Assuming that the option of a discharge to Stewart Creek is the most cost
effective of other alternatives and the site remains eligible for state trust fund
reimbursement, the responsible party may receive reimbursement through the
trust fund for "reasonable and necessary costs" during permitting and
construction of the discharge line.
The company believes that there is immense uncertainty that best available
technology will remediate the groundwaters at this site to standards within a
foreseeable period of time. Goodwill Industries of the Southern Piedmont asserts
that allowing natural remedial processes to degrade and attenuate substances
found at the site will be no less effective a method than using technologic methods
discussed and will not entail the same burdensome costs upon the company.
12
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ATTACI-MENT6
Goodwill Industries of the Southern Piedmont. Upon your concurrence with our
recommendation, the Groundwater Section will pro·ceed with the preparation of the required
public notice and hearing. Upon completing of the requirements of 15A NCAC 2L .0113(d -
f), with a recommendation to grant this variance from the Environmental Management
Commission Groundwater Committee, this request will proceed to the Environmental
Management Commission for final action in ISA NCAC 2L .0113(g). If there are any
questions regarding this matter or if ariy additional information is needed, please let me know.
ATTACHMENTS:
~
cc: Groundwater Section Assistant Chiefs
Mooresville Regional Groundwater Supervisor
' Dr. Ken Rudo
David Hance
14
....
DIVISION OF WATER QUALITY
GROUNDWATER SECTION
December 12, 1996
MEMORANDUM
TO: Preston Howard, Director
THROUGH: Harlan Britt, Deputy Director
THROUGH:
FROM:
SUBJECT:
Arthur Mou berry, Section Chief e-, ,g,J /l.
Sherri Knight, Groundwater Supervisor
Winston-Salem Regional Office
Hearing Officer's Report and Recommendations
Variance Request from 15A NCAC 2L .0202 and .0106(j)
Goodwill Industries of the Southern Piedmont
2122 Freedom Drive
Charlotte, Mecklenburg County
Groundwater Incident# 8094
Site Priority Ranking 'E' of Category 'CDE'
In accordance with your memorandum dated March 14, 1996, a Public Hearing was held
on March 19, 1996 at 7:00 p.m. in the Criminal Courts Building of the Mecklenburg County
Courthouse in Charlotte, North Carolina. I served as the hearing officer and a summary of the
public hearing and my recommendations are attached for your consideration.
The issue concerns whether the Environmental Management Commission (EMC) should
approve or deny a request for a variance of the Groundwater Quality Standards in Title 15A North
Carolina Administrative Code (NCAC) Subchapter 2L .0202 (15A NCAC 2L .0202) and 15A
NCAC 2L .0106(j). Such a variance may be granted by the EMC under the authority of North
Carolina General Statute (NCGS) 143-215.3(e). The procedures for application and for public
notification found in 15A NCAC 2L .0113 have been followed for this request.
Also attached for your review and consideration are those documents considered relevant
to this request including a summary of background information.
If you have any questions, please do not hesitate to call.
., '
' ,
PUBLIC HEARING
A public notice was published advising interested parties that a public hearing was
scheduled on March 19, 1996 (Attachment 1). The public hearing was conducted as scheduled.
The Division was represented by four staff members:
Sherri Knight
Allen Schiff
Keith Overcash
David Hance
Hearing Officer
Mooresville Regional Office
Mooresville Regional Office
Recorder
The hearing was attended by three citizens representing Goodwill Industries of the
Southern Piedmont and their consulting firm S&ME (Attachment 2). No one present requested
to make verbal comments. Opening remarks were given by the hearing officer, followed by the
staff presentation by Allen Schiff (Attachment 3). No written comments were received during the
hearing and only one was received prior to the closing of the hearing record on April 19, 1996
(Attachment 4).
In general, the written comments, submitted by James Ponder, project geologist with
S&ME, proposed a semi-annual monitoring schedule for one year followed by annual sampling
thereafter. These recommendations were based upon discussions with Mooresville Regional
Office staff. The comments also addressed specific analytical methods to be used and the
infeasibility of installing an additional monitoring well.
On June 21, 1996, the North Carolina General Assembly enacted Senate Bill 1317 into law
that allows clean-up activities (including monitoring) to be temporarily suspended pending
adoption of risk-based assessment and corrective action rules for certain sites where releases of
petroleum from underground storage tanks have occurred. The legislation specifies that sites with
a priority ranking of C,D, or E be classified as "Class CDE". In light of the fact that the
Goodwill Industries site in the proposed variance falls under this classification, the Division
informed the company that it will not require cleanup of the site at 2221 Freedom Drive at the
present time. This notification was sent to Goodwill Industries through it's consultant on
September 6, 1996. It was also requested that Goodwill Industries of Southern Piedmont inform
the Groundwater Section of intention to continue pursuing a variance in light of this legislative
change. On September 11, 1996 Goodwill Industries of the Southern Piedmont informed that
Groundwater Section that it intends to continue pursuing a variance at this site.
Based upon the legislation enacted in Senate Bill 1317, Goodwill Industries interest in a
variance for this site, and site specific factors shown in the September 16, 1996 letter (Attachment
# 5), the Mooresville Regional Office revised previous recommendations for monitoring
requirements. The Mooresville Regional Office recommends that no monitoring be required as
a condition of granting the variance request. This recommendation is based on the amount of soil
and groundwater remediation conducted at the site, the fact that the plume of contamination does
Attachment # 1 -PUBLIC NOTICE
, 1 ATTACHMENT #1
1 NOTICE OF VARIANCE APPLICATION AND HEARING
DEPART11ENT OF ENVIRON11ENT, HEALTH AND NATURAL
RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Notice is hereby given of a variance application and public hearing to be held by the Department
of Environment, Health and Natural Resources on behalf of the Environmental Management Commission.
The hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L
.0202 and the. Corrective Action requirements of 15A NCAC 2L .0106 G) for Goodwill Industries of the
Southern Piedmont, Inc. The variance application from Goodwill Industries was received for review by
the Department on July 28, 1995.
The property where the release of petroleum product has occurred is located as follows: Enter the
City of Charlotte from Interstate 85 and take Freedom Drive (US 27) toward downtown. Go 3/4 of a mile.
Goodwill Industries is located at the comer of Berryhill Road and Freedom Drive. The street address for
this property is 2122 Freedom Drive.
Goodwill Industries requests that the Environmental Management Commission grant the following
variance to it's rules under the authority ?f ISA NCAC 2L .0113 so that it does the following:
(1) Allow concentrations of Benzene, Toluene, Ethylbenzene, Xylene (-o,-m, and p ), Naphthalene,
Methyl Tert-Butyl Ether (MTBE), Dimethyl Phthalate, and 1,2-Dichlorobenzene to remain at levels
above ISA NCAC 2L .0202 standards as anal ze ril 13. 1 . These concentrations will
e required to remain within the property boundaries of the Goodwill Industries of the Southern
Piedmont.
The Goodwill Industries site consists of approximately 2.98 acres of land. Approximately one-
half of the land area is covered by the building that houses Goodwill Industries. Goodwill
Industries of the Southern Piedmont is located within an area with a mixture of commercial,
i.ndustrial, and residential development. On November 21, 1991 Goodwill Industries removed a
2,000 gallon underground storage tank containing diesel fuel that was located at the northwest
comer of the building. The tank closure investigation revealed that the tank had leaked it's contents
into surrounding soil. In August 1991 a Comprehensive Site Assessment was completed and
revealed a plume of groundwater contamination beneath the building and parking lot of this
property. The area of the plume was estimated to be approximately 60,000 square feet. Goodwill
Industries submitted a Corrective Action Plan to address soil contamination on April 15, 1992
which was approved and implemented on September 6, 1992. Goodwill Industries later submitted
a separate Corrective Action Plan was submitted to the Division on July 2, 1992 to cleanup
groundwater. The plan called for the implementation of a pump-and-treat groundwater cleanup
system. The Corrective Action Plan was approved by the Division on October 22, 1992.
Beginning in May 1991 the Division of Environmental Management required Goodwill
Industries to perform groundwater monitoring to determine the vertical and lateral extent of
contamination at the site and to determine the effectiveness of groundwater cleanup. Monitoring
wells at this site have shown insignificant reductions in Benzene as a result of using pump-and
treat technology. Groundwater sampling has also been conducted at recovery wells used as sumps
to collect groundwater, free product, and dissolved hydrocarbons. Although concentrations of
substances appear to be decreasing in recovery wells, significant reductions in the concentrations
1
.. ' I I ATTACHMENT #1
of Naphthalene and Benzene have not been observed in recovery wells. No significant increase in
concentrations of substances was observed as a result of the temporary cessation of pump-and-treat
operations. On July 28, 1995 Goodwill Industries submitted a variance request to the Chairman
of the Environmental Management Commission pursuant to 15A NCAC 2L .Ol 13(b).
No known sources of drinking water from water wells or surface water supplies are known
to exist within a 1/2 mile radius of this property. The Charlotte-Mecklenburg Utilities Department
has indicated that the average depth of public water supply lines in this area are four feet from the
ground surface and are too shallow to be impacted by constituents found in groundwater beneath
Goodwill Industries. The company believes that the variance will not impact surface waters in the
area.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 2L .01060). Goodwill Industries of the Southern Piedmont has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained
in 15A NCAC 2L .0202. Since discovery of the release on November 21, 1990 the Goodwill
Industries of the Southern Piedmont has disposed of a total of 1154 tons of diesel fuel
contaminated soil. Goodwill Industries of the Southern Piedmont has treated an estimated
2,108,185 gallons of groundwater to comply with the cleanup requirements of the Corrective
Action Plan that was approved on October 22, 1992. Goodwill Industries reports that a total of
$371,896 has been expended to cleanup this site. This total cost includes approximately $294,774
that was incurred to the State's Underground Storage Tank Trust Fund. Goodwill Industries has
shown that when the operation of the pump-and-treat groundwater remediation system was
temporarily interrupted the groundwater data indicated no increase in the concentration of any
constituent in monitoring wells.
Goodwill Industries of the Southern Piedmont has considered the use of air sparging with
yapor extraction as an alternate technology to the pump-and-treat groundwater remediation system.
The company does not believe this technology is economically reasonable or practical to meet the
requirements of ISA NCAC 2L .0113(c)(5). The total estimated cost of installing this technology
plus one years maintenance is $100,000. In addition, the company believes that installation of this
technology will necessitate the temporary closing of the facility and result in the subsequent loss
of income.
Goodwill Industries of the Southern Piedmont has examined the potential effectiveness of
enhanced in-situ bioremediation technology for cleaning up the remairµng contamination at this
site. The company does not believe that this technology is the "best available technology
economically reasonable" as specified in 15A NCAC 2L .0113(c)(5). Goodwill Industries asserts
that the costs of the investigative work to permit injection wells and develop a corrective action
plan would likely exceed the costs of implementing a corrective action plan relying on air sparging
technology.
2
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1
.,. "r ._r I
I
I ... I
Attachment# 2 -PROCEEDING OF THE
HEARING AND REGISTRATION LIST
..
Attachment# 2
PROCEEDINGS OF HEARING FOR THE GOODWILL INDUSTRIES OF
THE SOUTHERN PIEDMONT VARIANCE (GW INCIDENT # 8094)
INTRODUCTION:
A public hearing was held by the Department of Environment, Health and Natural
Resources on behalf of the Environmental Management Commission to receive public comment
on a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L .0202 and
the Corrective Action requirements of 15A NCAC 2L .0106 G) for Goodwill Industries of the
Southern Piedmont in Charlotte, North Carolina for property it presently owns at 2122 Freedom
Drive. The variance application was received for review by the Department on November 27,
1995 from the Goodwill Industries of the Southern Piedmont.
The hearing was held on March 19, 1996 at 7:00 PM in the Criminal Courts Building,
Courtroom 2201, Mecklenburg County Courthouse. A total of three registered persons attended
the hearing. No one attending this hearing expressed comments and no comments were received
in writing at the hearing. No additional written comment was received by the Division by April
19, 1996 which was the final date to submit comment as specified in the public notice.
Pursuant to 15A NCAC 2L .0113(d) and (e), public notice of this variance was sent to
adjacent property owners, the Mecklenburg County Health Director, the City Manager for the
City of Charlotte, and the Mayor of Charlotte on February 15, 1996. Notice of this hearing was
also published in the February 17, 1996 edition of the Charlotte Observer to meet requirements
of 15A NCAC 2L .0113(e)(l)(A). In addition, approximately 130 notices of this variance request
were sent to persons listed in the "Groundwater Variance and Regulatory Actions Mailing List"
to meet the requirements of 15A NCAC 2L .0113(e)(l)(F).
This hearing was chaired by Ms. Sherri Knight , the Regional Groundwater Supervisor for
the Winston-Salem Regional Office.
Attendees
Goodwill Industries of the Southern Piedmont
Variance Hearing
March 19, 1996
Gary Barrett, Vice-President of Administration, Goodwill Industries of the Southern Piedmont,
P.O. Box 668768, Charlotte, N.C., 28266
Jim Ponder, Geologist, S&ME Inc., 9751 Southern Pines Blvd., Charlotte, N.C., 28223
Al Quarles, Senior Hydrogeologist, S&ME Inc., P.O. Box 7668, Charlotte, N.C., 28241
1
Attachment# 3 -HEARING OFFICER'S
SPEECH
,, '
• I ..
Public Hearing-Variance Request
Variance to 15A NCAC 2L .0202 and 15A NCAC 2L .0106(j)
ATTACHMENT #3
Goodwill fudustries of the Southern Piedmont, Charlotte, North Carolina
HEARING LOCATED AT:
Mecklenburg County Courthouse
Criminal Courts Building -Courtroom 2201
700 East Fourth Street -(at 7:00 PM)
HEARING OFFICER'S SPEECH
HEARING OFFICER: Sherri Knight, Division of Environmental Management,
Regional Groundwater Supervisor (Winston-Salem Regional
Office)
~§~~Q:_:P,~¥,~~l GOOD EVENING, I WOULD LIKE TO CALL THIS
PUBLIC HEARING TO ORDER. MY NAME IS SHERRI KNIGHT, AND I AM
THE DIVISION OF ENVIRONMENTAL MANAGEMENT'S REGIONAL
GROUNDWATER SUPERVISOR IN THE WINSTON-SAL.EM REGIONAL
OFFICE. I HAVE BEEN DESIGNATED HEARING OFFICER FOR THIS
EVENING'S HEARING.
THIS HEARING IS BEING HELD PURSUANT TO NORTH CAROLINA
GENERAL STATUTE lS0B-21.2. IN ACCORDANCE WITH THE GENERAL
STATUTES, A PUBLIC NOTICE OF THIS HEARING WAS PUBLISHED IN
CONFORMITY WITH 15A NCAC 2L .0113 OF THE GROUNDWATER RULES
1
ATTACHMENT #3
THE APPLICANT PROPOSES TO ALLOW THOSE CONCENTRATIONS OF
BENZENE, TOLUENE, ETHYLBENZENE AND XYLENES, DIMETHYL
PHTHALATE, AND 1,2-DICHLOROBENZENE TO REMAIN AT LEVELS AS
FOUND DURING THE APRIL 13, 1995 GROUNDWATER ANALYSIS, WITHIN
THE BOUNDARIES OF THE AREA PROPOSED FOR THE VARIANCE.
GOODWILL INDUSTRIES OF THE SOUTHERN PIEDMONT ALSO PROPOSES
THAT CORRECTIVE ACTIONS REQUIRING THE APPLICATION OF BEST
AVAILABLE TECHNOLOGY IN 15A NCAC 2L .0106 G) NOT BE APPLIED TO
THE AREA WITHIN THE BOUNDARIES OF THE PROPOSED VARIANCE.
GOODWILL INDUSTRIES REPORTED THAT A TOTAL OF $ 371,896 HAS BEEN
EXPENDED TO CLEANUP THIS SITE. THIS TOTAL COST INCLUDES
APPROXIMATELY $294,774 THAT WAS INCURRED FROM THE STATE
UNDERGROUND STORAGE TANK TRUST FUND FOR CLEANUP. GOODWILL
INDUSTRIES OF THE SOUTHERN PIEDMONT HAS SUBMITTED SUPPORTING
INFORMATION DEMONSTRATING THAT THE CONTINUED APPLICATION OF
BEST AVAILABLE TECHNOLOGY WILL NOT RESULT IN SIGNIFICANT
LONG TERM REMEDIATION OF THE SITE TO THE GROUNDWATER
QUALITY STANDARDS IN 15A NCAC 2L .0202. THE COMPANY BELIEVES
THAT APPLICATION OF BEST AVAILABLE TECHNOLOGY AT THIS
LOCATION IS A SERIOUS FINANCIAL IMPACT WITHOUT EQUAL OR
GREATER PUBLIC BENEFIT.
3
ATTACHMENT #3
THIS HEARING WILL CONFORM TO PROCEDURES IN 15A NCAC 2L
.0113. ADDITIONAL COPIES OF THE NOTICE OF VARIANCE APPLICATION
AND HEARING ARE LOCATED IN THIS BUILDING AND ARE AVAILABLE
FOR PUBLIC REVIEW.
A WRITTEN RECORD OF THIS HEARING WILL BE PREPARED WHICH
WILL INCLUDE ALL THE RELEVANT COMMENTS, QUESTIONS, AND
DISCUSSIONS. FOR THIS REASON, THE HEARING IS BEING TAPE
RECORDED. WRITTEN COMMENTS RECEIVED THROUGH APRIL 19, 1996
WILL ALSO BE INCLUDED IN THE RECORD. BASED ON THESE PUBLIC
COMMENTS AND ON ANALYSIS BY THE GROUNDWATER STAFF, I WILL
MAKE A RECOMMENDATION TO THE ENVIRONMENTAL MANAGEMENT
COMMISSION. IN MAKING THE FINAL DECISION, THE ENVIRONMENTAL
MANAGEMENT COMMISSION CONSIDERS THE WRITTEN RECORD, THE
RECOMMENDATION OF THE HEARING OFFICER, THE RECOMMENDATIONS
OF DIVISION STAFF, AND THE CONCERNS OF ITS MEMBERS. THE
COMMISSION MUST ALSO CONSIDER WHETHER THE APPLICANT HAS
COMPLIED WITH 15A NCAC 2L .0113(g).
IF THE APPLICANT DECIDES THAT THE COMMISSION'S DECISION IS
UNACCEPTABLE, A PETITION MAY BE FILED ACCORDING TO
4
ATTACl-"1ENT #3
WILL ALLOW ADDITIONAL SPEAKERS AS TIME PERMITS. WHEN YOUR
NAME IS CALLED, PLEASE COME UP TO THE MICROPHONE AND STATE
YOUR NAME AND AFFILIATION. ALL COMMENTS SHOULD BE LIMITED
TO MATIERS THAT ARE RELATNE TO THE PROPOSED ADOPTION OF THIS
VARIANCE. IF YOUR COMMENTS ARE LONGER THAN THREE MINUTES, I
WOULD LIKE TO REQUEST THAT THEY BE SUBMITIED IN WRITING. I
RESERVE THE RIGHT TO QUESTION SPEAKERS IF THE NEED SHOULD
ARISE.
DNISION OF ENVIRONMENTAL MANAGEMENT STAFF WILL BE
AVAILABLE TO ANSWER YOUR QUESTIONS IF NECESSARY. I WOULD
NOW LIKE TO CALL [first speaker].
[speakers •.. ]
(the hearing officer, referring to THE REGISTRATION CARDS, calls each speaker to the
microphone in turn)
HBA(RINtl:OEBICBlti: THANK YOU [last speaker]. ARE THERE ANY MORE
.:.::::.::.::::-:,::.,:::::,:.::-::,::::::,::::::-:::,::::-:,::::::,:,:·:-
COMMENTS? SINCE THERE ARE NO MORE COMMENTS, I DECLARE THE
HEARING CLOSED. THE HEARING RECORD WILL REMAIN OPEN UNTIL
12:00 PM (MIDNIGHT) ON APRIL 19, 1996. ANYONE WISHING TO SUBMIT
WRITIEN COMMENTS MAY DO SO UNTIL THAT DATE. AFTER WHICH
6
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" ' . . ..
ATTACHMENT #3
TIME, THE COMMENTS WILL BE MADE PART OF THE PUBLIC RECORD
AND I SHALL MAKE RECOMMENDATIONS TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION. WRITTEN COMMENTS MUST BE
ADDRESSED TO DAVID HANCE AT THE DIVISION OF ENVIRONMENTAL
MANAGEMENT GROUNDWATER SECTION. THE ADDRESS WRITTEN
COMMENTS NEED TO BE SENT TO IS SHOWN IN THE PUBLIC NOTICE AND
IS AS FOLLOWS:
David Hance
EHNR-DEM-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
A FACSIMILE COPY OF WRITTEN COMMENTS MAY BE SENT TO MR.
HANCE BY DIALING [phone]. HIS TELEPHONE NUMBER IN RALEIGH
IS [phone].
IT IS THE DESIRE OF THE COMMISSION TO ALWAYS ACT IN THE BEST
POSSIBLE INTEREST OF THE PUBLIC. THEREFORE, PUBLIC
PARTICIPATION IS A VERY IMPORTANT PART OF THE RULE-MAKING
PROCESS. I WOULD LIKE TO THANK YOU FOR ATTENDING THE
HEARING AND OFFERING YOUR COMMENTS.
7
Attachment# 4 -APRIL 4, 1996 LETTER
FROMS&ME
ATTACHMENT # 4
E
April 4, 1996
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626-0535
Attention:
Reference:
Dear Mr. Hance:
·Mr. David Hance
Environmental Specialist
SUBMITTAL OF WRITTEN STATEMENTS FOR VARIANCE
Proposed Groundwater Monitoring Plan
INCIDENT NO. 8094
Goodwill Industries of the Southern Piedmont, Inc.
2122 Freedom Drive, Charlotte, NC
S&ME Project No. 1354-93-410
··-··-·-~~ :,.:.
S&ME, Inc., on behalf of Goodwill Industries (Goodwill) Inc., submits this letter, proposing
a groundwater quality monitoring plan to be considered with the proposed variance request
for the above referenced site. S&ME proposes to collect groundwater samples from 7
wells (MW-1 through MW-7) and water levels in all wells semiannually for one year and
annually thereafter. The semi-annual sampling events will be performed during April 1996
and September 1996 to potentially coincide with the seasonal high and low groundwater
levels and the annual events will be scheduled during the seasonal high groundwater
levels. Additionally, we suggest that the laboratory analyses be limited to those
compounds that have consistently been detected in the monitoring wells, using EPA
Methods 602 (BTEX) plus MTBE and 610 for naphthalene.
/
S&ME, Inc. 9751 Southern Pine Boulevard, Charlotte, North Carolina 28273, [phone], Fax [phone]
Mailing address: P.O . Box 7668, Charlotte, North Carolina 28241-7668
' . . '
Attachment #5-SEPTEMBER 16, 1996
MEMORANDUM FROM THE
MOORESVILLE REGIONAL OFFICE
..
MEMORANDUM
TO: · Arthur Mouberry
FROM: Allen Schiff {i_,._;/
THROUGH: Barbara Christ:;ian M:.,
AT: /.\Cl-fv1ENT #5
DIVISION OF W~TER QUALITY
September 16, 1996 .
.......,
---..
SUBJECT: Recommendation to Delete Mani toring Requirements -r
For Goodwill Industries of the Southern Piedmont, Inc.
2122 Freedom Drive
Groundwater Incident No. 8094
Mecklenburg County, N.C.
On October 13, 1995, the MRO forwarded you a variance
request· for the subject site along with the MRO's recommendation
that selected monitor we.11.s be sampled semi-annually if the
vari_ance was approved. ··upon further review of the variance
req1.1est and 15A NCAC 2L > Oll3 the MRO feels· that the variance
should be approved without any furt-her monitoring for the···
• I following reasons:
1. The groundwater contaminant plume does not extend offsite.
2. The contaminant plume, for the most part, exists under the
Goodwill building.
3. Goodwill has calculated that it would take ten years for any
-contaminants to reac.h the adjoining downgradient property,
.assuming no attenuat;•ion or degradation.
4. Goodwill has also calculated that it would take 63 years for
· the contaminants to reach the nearest surface water body,
assuming no attenuation or degradation.
5. ;Public water supply lines in the · area of the Goodwill
'facility are buried too shallow ta be impacted by
contaminants found at the site.
6, 1154 tons of contaminated soils have been excavated and
disposed of at a permitted faqility.
7. A groundwater pump and treat system was in operation from
November 1, 1993 until May 5, 199S. This system treated a
total of 2,108,185 gallons of groundwater during its
operation. No significant increase of contaminants has
occurred since the system has been shut off.
tl0lc0·d 96, 81 das 8Jd ~9 W3G ~H3G
f . I I I ATTACl-fvlENT #5 . .
, ...
a. The contaminants that currently exist (see attached table) at
the• Goodwill site, BTEX, MTBE and naphthalene, have the
·,capacity to degrade and attenuate.
9. No potable water supply wells exist within at least a½ mile
radius of the subject site.
10. The site is a class E site.
In summary, this is. a very low priority setting, the minimal
contaminants remaining are known to be biodegradable, and we were
incorrect in our assumption that monitoring would always be
required upon granting 0£ a variance resulting in our concurrence
with the proposed monitoring. If you concur with this
recommendation, please forward this memo to Sherri Knight for her
comm.epts. If you should' have any questions, I can be reached at
704-663-1699 ext. 236.
At ta·chment
ajs
1701£0.d 96, 81 das 8Jd ~9 W3Q ~NH3Q
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Attachment # 6 -DIVISION OF WATER
QUALITY MEMORANDA CONCERNING
THE VARIAN CE REQUEST FOR
GROUNDWATER INCIDENT NUMBER 8094
" , I
State of North earo!~na
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
ATTACHMENT 6
A.VA
DEHNR
January 19, 1996
MEMORANDUM
TO: Arthur Mouberry, P.E.
Chief, Groundwater Section
FROM: A. Preston Howard, Jr. P.E.~ :
SUBJECT: Variance Request for the Goodwill Industries of the Southern Piedmont in
Charlotte, North Carolina.
I have reviewed the attached package submitted in support of a request for a
variance as outlined in 15A NCAC 2L .0113. Based on the information that has been
submitted, I have determined that sufficient information exists to concur that this variance
should proceed with public notice and hearing as outlined in the rules. Please provide
public notice in accordance with 15A NCAC 2L .0113(e) so that the Division can receive
public input prior to final action on this variance request.
cc: Groundwater Section Assistant Chiefs
David Hance
Mooresville Regional Hydrogeologic Supervisor
Groundwater Section
P.O . Box 29578. Raleigh , North Carolina 27626-0578
2728 Capital Blvd .. Raleigh, North Carolina 27604
N!JC
RIMM
Voice 919-733-3221 FAX [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post-consumer paper
ATTACHMENT 6 . . .
DMSION OF ENVIRONMENTAL MANAGE:rvIBNT
Groundwater Section
January 12, 1996
l\1EMORANDUM
TO: A. Preston Howard, Jr. P .E.
THROUGH: Arthur Mouberry, P.E. <e
Chief, Groundwater Section
FROM: Carl Bailey ~ .
Assistant Chief for Planning, Groundwater Section
SUBJECT: Variance Request for the Goodwill Industries of the Southern Piedmont in
Charlotte, North Carolina.
The Groundwater Section is in the process of reviewing a request for variance from
Title 15A North Carolina General Statutes, Subchapter 2L "Classifications and Water Oualitv
Standards Applicable to the Groundwaters of North Carolina" for the subject site. The ·
petitioner, Goodwill Industries of the Southern Piedmont, requests a variance from 15A
NCAC 2L .0202 (Groundwater Quality Standards) and 15A NCAC 2L .01060) (Corrective
Action Plans). ··
Attached for your consideration is a memorandum in which staff have provided
comments concerning the information required to be submitted .... in support of the request in
accordance with 15A NCAC 2L. 0113(c) and which must be considered by the Environmental
Management Commission (EMC) prior to granting a variance. Based on the information
received thus far, this facility seems to be a good candidate for a variance. Your concurrence
is needed so that the Division can proceed with public notice of hearing in accordance with
procedures set out in ISA NCAC 2L .0113(d) and (e) and for subsequent review by the
Environmental Management Commission.
1
,.
ATT ACf-MENT 6
p .,,
The Groundwater Section would like present this request as an information item to the
Groundwater Committee at the February 8, 1996 meeting, if the Committee Chairman
chooses to hold a meeting. If you have any questions concerning this matter please contact
me at 733-3221.
Attachments
cc: Arthur Mouberry
Groundwater Section Assistant Chiefs
David Hance
2
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ATTACl-f,1ENT 6
DMSION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
January .12, 1996
MEMORANDUM
To:
From:
Subject:
Preston Howard
Arthur Mouberry (¥
Request for Variance from 15A NCAC 2L .0202 and 15A
NCAC 2L .01060) for a Site Owned by Goodwill Industries of the Southern
Piedmont at 2122 Freedom Drive in Charlotte, North Carolina (Mecklenburg
County) {Groundwater Incident Number 8094}.
Goodwill Industries of the Southern Piedmont is a non-profit organization and serves
as a vocational rehabilitation training center for the handicapped. A 2,000 gallon underground
storage tank containing diesel fuel was removed from the site on November 21, 1990.
Pursuant to title 15A NCAC 2L .0113(c) variance applications are required to contain specific
information in order to adequately review a request. Goodwill Industries variance application
is contained in a report titled "Variance Re quest Incident Number 8094 Goodwill Industries of
the Southern Piedmont. Inc. 2122 Freedom Drive Charl6tte , North Carolina S&ME Pro ject
No. 1354-93-410". In addition, the Groundwater Section requested Goodwill Industries
provide clarifying information and editorial corrections to some of the information submitted
in the report. The corrected information is shown in memoranda submitted on November 27th,
December 4th, and December 7th of 1995. The information submitted by S&ME
Incorporated on behalf of Goodwill Industries of the Southern Piedmont appears to meet the
requirements of 15A NCAC 2L .0l 13(c) and is summarized as follows:
Rule .0l 13 (c)(l): Resolution by the Countv or governing Board:
Goodwill Industries of the Southern Piedmont has always been a private
non-profit organization. No resolution is necessary.
1
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ATTACI-MENT 6
Rule .0113 (c)(2): A description of past existin g or pro posed activities that would result in a
discharge of contaminants into gr oundwater:
Goodwill Industries of the Southern Piedmont is located inside the city
limits of Charlotte, North Carolina at 2122 Freedom Drive (Parcel Number 071-
063-13). The report titled "Variance Req uest Incident Number 8094 Goodwill
Industries of the Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North
Carolina S&ME Proiect No. 1354-93-410 contains the relevant information about
this site. This facility is at the corner of Freedom Drive and · Berry Hill Road as
shown in Figure 1 of Appendix in the report from S&ME Incorporated. The
Goodwill Industries site consists of approximately 2.98 acres of land.
Approximately one-half of the land area is covered by the building that houses
Goodwill Industries. The former owner of this location was A.G. Boone Trucking
Company. A 2,000 gallon underground storage tank containing diesel fuel was at
the northwest corner of the building. This underground storage tank was ~·
removed on November 21, 1990 and the release was subsequently discovered ·upon
tank closure. Goodwill Industries does not have any other underground storage
tanks on this property. No other existing or potential sources of groundwater
contamination were identified at this property by Goodwill Industries. Goodwill
Industries of the Southern Piedmont and all adjacent properties are in an area
with a mixture of commercial, industrial, and residential development.
The tank closure report documented the removal of 240 tons of soil
contaminated with diesel fuel. Analytical tests of soils within the excavation area
did not indicate contamination below 21 feet from the ground surface. In August
1991 a Comprehensive Site Assessment was completed. The site assessment
revealed a groundwater plume from a small area of contamination adjacent to
the building. This area of contamination was at the northwest corner of Goodwill
Industries near the companies loading dock and adjacent to the area where the
diesel fuel pump had been located. The area of the plume was estimated to be
approximately 60,000 square feet ( 400 feet long by 150 feet long). Monitoring
indicated that the vertical extent of this plume was approximately 44 feet below
the ground surface. The company estimated that approximately 5,924,952 gallons
of groundwater had been contaminated by the release.
On April 14, 1992 Goodwill Industries of the Southern Piedmont was
informed that the Comprehensive Site Assessment had been completed to the
satisfaction of the Division. Goodwill Industries submitted a Corrective Action
Plan to address soil contamination on April 15, 1992. From September 6, 1992
through November 9, 1992 approximately 914 tons of soil was excavated and
treated offsite adjacent to the loading dock area. The treatment method used for
this soil was thermal incineration. A Corrective Action Plan or "Remedial Action
Plan" was submitted to the Division on July 2, 1992 to cleanup groundwater
2
.. ,.., . ATTACI-MENT 6
using pump-and-treat technology. Implementation of the Corrective Action Plan
was approved by the Division on October 22, 1992. The Charlotte Mecklenburg
Utility Department (CMUD) issued a permit to discharge treated water from the
pump-and-treat groundwater remediation system into the nearby sanitary sewer.
The Division of Environmental Management required Goodwill Industries
to perform groundwater monitoring to determine the vertical and lateral extent
of contamination at the site. On September 21, 1994 the company conducted
comprehensive groundwater sampling at eight monitoring wells. The deepest of
the monitoring wells is known as "DMW-3" and is 44 feet below the land surface.
Groundwater samples were analyzed using US Environmental Protection Methods
602 and 625. Only Benzene was found in the monitoring wells. The highest
concentration found in a monitoring well in exceedence of the 15A NCAC 2L
.0202 Groundwater Quality Standard for Benzene during this sampling event was
0.011 milligrams/Liter in Monitoring Well# 4.
The Division also required Goodwill Industries to evaluate the effectiveness
of groundwater cleanup efforts by examining concentrations of substances
recovery wells used as sumps to collect free product and dissolved hydrocarbons
from the site. Samples were obtained from six recovery wells located beneatl} the
building, parking lot, and loading dock areas. Groundwater samples were
analyzed using US Environmental Protection Methods 602 and 625. The highest .
Benzene concentration in a recovery well showed 0.290 milligrams/Liter at
Recovery Well # 5 beneath the building. Downgradient Monitoring Well # 7 .
located offsite southeast next to Freedom Drive did not show any concentrations
above practical quantitation levels.
Based on these results the Division of Environmental Management
recommended the pump-and-treat system be turned off for a period of two
months to determine if residual contaminants in the soils and subsurface would
recontaminate the groundwater, if no treatment system were operating. In
December 1994 groundwater monitoring was conducted at recovery wells and
monitoring wells after the pump-and-treat system had been temporarily turned
off. Four of the seven monitoring wells were sampled and all samples reported
Benzene concentrations below quantitation limits. Concentrations of Benzene in
all six recovery wells showed a significant decrease during this sampling event.
Based on the results of the December 1994 monitoring, Goodwill Industries
of the Southern Piedmont informed the Charlotte-Mecklenburg Utilities
Department (CMUD) in January 1995 that it intended to request a variance at
this site. In Appendix m the January 12, 1995 memorandum from CMUD
informed the responsible party that the existing permit to discharge treated
groundwater into the sewer system would be extended beyond August 31, 1995
for an additional year, if the variance to terminate remediation is not granted by
the Commission during the time. As shown in Appendix m, CMUD stated that
the permit would be "extended" not "re-issued". On July 28, 1995 Goodwill
Industries sent a variance request to the Chairman of the Environmental
Management Commission pursuant to 15A NCAC 2L .0113(b).
3
ATTACl-ftlENT 6
Potential sources of groundwater contamination in the area are shown in
Figure 2 in the report "Variance Req uest Incident Number 8094 Goodwill
Industries of the Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North
Carolina S&ME Pro ject No. 1354-93-410" and include the following:
1) A retail gasoline station· presently owned by Servco located
approximately 800 feet northwest of Goodwill Industries on
Freedom Drive;
2) A fuel oil tank located approximately 250 feet to the northeast from
Goodwill Industries. This fuel oil tank appears to be on property
owned by Flemming Laboratories Incorporated;
3) An H 2S04 tank located approximately 250 feet to the northeast
from Goodwill Industries. This chemical tank appears to be on
property owned by Flemming Laboratories Incorporated; ;
4) An area containing what is described as "hazardous waste drul!ls"
approximately 250 to 300 feet to the east from Goodwill Industries.
Figure # 2 appears to show that these drums are on property owne~
by Flemming Laboratories Incorporated.
5)
6)
7)
8)
9)
10)
Monitoring Wells owned by Flemming Laboratories Incorporated.
These wells are located to the east and northeast of the Goodwill
Industries site.
Berry Hill Road (a public roadway);
Freedom Drive (a public roadway);
A CSX Transportation Incorporated railroad line that is to the
northeast and east of Goodwill Industries. The former owner of this
line was the Piedmont and Northern Railroad Company;
A sewer line that is within of few feet of the southwest property line
of Goodwill industries. This sewer runs from northwest to southeast
parallel to the Goodwill Industries property line;
A storm drain line that is within of few feet of the southwest
property line of Goodwill industries. This storm drain runs from
northwest to southeast parallel to the Goodwill Industries property
line; and
4
• 1
1 •• , •
ATTACI-MENT 6
11) Numerous other storm drain lines and sewer lines that are in the
general area.
The property for which the variance is requested is entirely owned by
Goodwill Industries of the Southern Piedmont. The groundwater that was
impacted by the release is located beneath the building and the parking lot area.
A fence is located at the northeast side of the building. Access to impacted
groundwater at the site by workers, visitors, and unlawful intruders is under the
control of the responsible party.
Rule .0113(c)(3): Description of the proposed area for which the variance is requested:
This variance is for an area entirely within the property boundaries of the
Goodwill Industries of the Southern Piedmont. Maps of this area are shown in
Figure 3 and Appendix Il of the report titled "Variance Reguest Incident _.
Number 8094 Goodwill Industries of the Southern Piedmont, Inc. 2122 Freedom
Drive Charlotte, North Carolina S&ME Project No. 1354-93-410". The
contaminated area is in the form of an ellipse with it's longitudinal axis from
northwest to southeast. The southeastern side of this ellipse is within a few f ~et
of the storm drain line and sewer line that runs alongside Freedom Drive.
More specifically the area for which the variance is requested is bounded
to the north by the property line with Suburban Propane Company. This area
laterally extends to the northeast toward the Suburban Propane Company
property line, running beneath the Goodwill Industries Building, but does not
extend as far as Monitoring Well # 6. The lateral area extends southeast toward
property owned by D.L. Appliance Company but not as far as Monitoring Well#
7. The southwestern boundary of this area is at the property line that runs
parallel with Freedom Drive. The western extent of this area is beneath the
building and does not go as far as the position of Monitoring Well # 1. The extent
of the northwest boundary includes part of the asphalt parking lot but does not
go beyond the site where the diesel underground storage tank pump island once
existed. The lateral extent of this plume stops before it reaches Monitoring Well#
2.
The concentration of contaminants in groundwater is primarily influenced
by the direction and rate of groundwater flow. Goodwill Industries asserts that
groundwater flow from the site travels toward a tributary of Stewart Creek
approximately 700 feet to the southeast. This creek discharges into the Catawba
River. The groundwater flow rate was obtained from information in the
Comprehensive Site Assessment (CSA). Based on information in the CSA,
Goodwill Industries of the Southern Piedmont asserts that groundwater in the
area flows in a southeast direction. The 1994 groundwater monitoring results
5
ATTACf-b'lENT 6
from recovery wells beneath the building indicated that the contaminant plume is
moving in a southeasterly direction toward Freedom Drive. The estimated
groundwater flow velocity in the subsurface is approximately 11 feet/year. The
company asserts that at this rate of groundwater movement the plume of
petroleum hydrocarbon contamination will enter Stewart Creek in approximately
63 years, assuming no natural degradation or attenuation of the plume occurs
(See page 9 of the report).
Page 3 of the report states that the company does not believe that any
natural geologic structures exist in the subsurface beneath the site that would
have_ the effect of creating an impermeable boundary to groundwater movement.
Goodwill Industries believes that the depth to bedrock beneath the site is between
50 and 100 feet. No other properties owned by Goodwill Industries of the
Southern Piedmont or properties owned by other persons are being included in
this application for variance. (refer to Appendix II of the report).
Rule .0113(c)(4): Supporting information to establish that the variance will not
endanger the public health and safety ... :
The part of the variance concerning Groundwater Quality Standards
shown in 15A NCAC 2L. 0202 has been requested for Benzene, Ethylbenzene,
Toluene, Xylene(-o,-m, and p), Naphthalene, Methyl Tert-Butyl Ether (MTBE;),
Dimethyl Phthalate, and 1,2-Dichlorobenzene. In order to assess health impacts
from this site, monitoring wells were sampled at this site to assess the extent of
contamination and concentration levels of substances. Concentrations of
substances in recovery wells were also examine to determine the effectiveness of
the pump and treat system at removing these chemicals.
Groundwater monitoring data from Goodwill Industries of the Southern
Piedmont indicates that this site does not pose a hazard to the public. Sampling
and analysis has been conducted since May 8, 1991 at monitoring wells and
recovery wells. Three sampling events occurred in March, September, December
of 1994 and the last sampling and analysis was done on April 13, 1995. USEP A
Method 602 and Method 625 were the analytical methods used for samples
collected at the Goodwill Industries site. USEP A Method 602 is used to assess the
concentration levels of Benzene, Toluene, Ethylbenzene, Xylenes, and MTBE.
USEP A Method 625 is used to examine the concentrations of phthalate
compounds, 1,2-Dichlorobenzene, Base/Neutral Extractables, and Naphthalene.
The highest concentration of any substance found at this site was 0.590
milligrams per liter (mg/L) or 590 micrograms per liter (ug/L) of Dimethyl
Phthalate in Recovery Well# 5. The Groundwater Quality Standard for this
substance is zero pursuant to 15A NCAC 2L .0202(c). The lateral extent of this
reported contamination is shown in Figure 4 of Appendix II. Dimethyl Phthalate
was not detected in any other recovery wells or in monitoring wells during this
sampling event. Analysis of subsequent groundwater samples in 1994 and 1995
6
' . ..
ATTACHMENT 6
did not reveal_ Dimethyl Phthalate contamination in Recovery Well# 5, other
recovery wells, or monitoring wells.
In Table 2 of the report, the December 9, 1994 groundwater sampling was
conducted at monitoring wells showed the concentrations of Benzene, Toluene,
Ethylbenzene, Xylenes, and MTBE below their respective Groundwater Quality
Standards in 15A NCAC 2L .0202. None of the monitoring wells showed
concentrations of these substances above practical quantitation limits. The only
wells that showed any concentration levels above Groundwater Quality Standards
in 15A NCAC 2L .0202 from the USEP A Method 602 analysis were the recovery
wells (RW #1 through RW # 6). The highest concentration in any single recovery
well during this period was 0.071 milligrams per Liter (mg/L) or 71 micrograms
per Liter (ug/L) at RW # 5. The analysis of samples using USEP A Method 625
did not reveal any concentrations of phthalate compounds, 1,2-Dichlorobenzene,
or Naphthalene in the monitoring wells above the Groundwater Quality
Standards in 15A NCAC 2L .0202. Base/Neutral extractable compounds, such as
Anthracene, did not appear in concentrations above Groundwater Quality
Standards or Interim Maximum Allowable Concentrations in any of these wells.
Recovery Well# 5 showed Naphthalene at 0.062 mg/Lor 62 ug/L. The ;•
Groundwater Quality Standard for Naphthalene is 0.021 mg/L (21 ug/L). This
recovery well is located in the center of the building which houses Goodwill
Industries of the Southern Piedmont. It is important to note that this December
1994 sampling event had occurred some time after the pump-and-treat system
had been temporarily turned off pursuant to the Division's instructions. No
significant increase in concentrations of substances was observed as a result of the
temporary cessation of pump-and-treat cleanup.
On April 13, 1995 Goodwill Industries conducted a routine sampling of
monitoring and recovery wells at the site. Table 2 shows results from USEP A
Method 602 analysis. Three monitoring wells (MW # 3, DMW # 3, and MW # 4
had concentrations of Benzene above the Groundwater Quality Standard of 0.001
mg/L (1 ug/L). Monitoring Well# 4 had the highest concentration of Benzene at
0.004 mg/Lor 4 ug/L. Recovery Wells #1 through# 6 showed levels of Benzene
above the Groundwater Quality Standard established by 15A NCAC 2L .0202.
USEP A Method 625 analysis did not reveal any chemicals in monitoring wells
above practical quantitation limits. Table 2 shows that Naphthalene continues to
be present in Recovery Well# 5 at a concentration above the standard in 15A
NCAC 2L .0202. Naphthalene was found in this well at 0.029 mg/L or 29 ug/L.
The Groundwater Quality Standard for Naphthalene is 0.021 mg/L (21 ug/L). No
other recovery wells have shown any constituents in exceedence of the standards
contained in 15A NCAC 2L .0202 as a result of analysis using USEPA Method
625.
Goodwill Industries of the Southern Piedmont has attempted to define the
vertical extent of groundwater contamination beneath the site. The deepest well
(DMW # 3) is 44 feet below the ground surface. Groundwater sampling and
analysis was conducted using USEP A Method 602 and Method 625 at three
7
' ,_ ...
ATTACI-MENT 6
.,
separate times in 1994 as shown in Table # 2. The analysis of the September 21,
1994 sampling event for DMW #3 showed a concentration of Benzene at 0.003
milligrams per liter. This level is in exceedence of the Groundwater Quality
Standard of 0.001 milligrams per liter for this substance in 15A NCAC 2L .0202.
The analysis of all other samples taken from this well in 1994 did not reveal any
other chemical constituent from the petroleum release. A semi-annual sample was
taken on April 13, 1995 at the monitoring well DMW # 3 and showed a Benzene
concentration at 0.002 mg/L or 2 ug/L. No other substances normally associated
with a release of diesel fuel were found in this monitoring well during the April
1995 sampling. (see Table 2 of the report).
Page 8 of the report states that the downgradient recovery well (RW # 6)
has not shown " ... any EPA Method 625 compounds and only 28 ug/1 of benzene ... ".
Analysis of samples from the downgradient monitoring well MW # 7 has not
shown any substances as a result of using USEP A Method 602 or Method 625.
Based on the groundwater flow velocity of 11 feet per year from the site
assessment, the company estimates that the time it will take the petrochemical
plume to reach monitoring well # 7 is 4.5 years. Goodwill Industries believes . that
it will take a 'total of 10 years for the substances to reach the downgradient ;•
property boundary. These estimates are based on conservative assumptions that
the plume will not be impacted by natural remedial processes and attenuation
effects within the subsurface.
It is not anticipated that rainfall events will significantly impact the
movement of contaminants offsite. The area where groundwater monitoring
results showed concentrations of Benzene, Naphthalene, and Dimethyl Phthalate
above the standards is beneath the building that houses Goodwill Industries of
the Southern Piedmont. The area outside this structure is covered by an asphalt
driveway and parking area.
No sources of drinking water from water wells or surface water are known
to exist within a 1/2 mile radius of the Goodwill Industries of the Southern
Piedmont. The requirements for variance applications in 15A NCAC 2L
.0113(c)(4) specify that locations of drinking water wells and other water supply
sources that are within one-half mile of the site must be shown on a map. The
report from Goodwill Industries states that there are no drinking water wells
within one-half mile of the site for which the variance has been requested. The
December 7, 1995 memorandum referencing "Private Drinking Water
Information" shows that there are no drinking water supply intakes at surface
water bodies located within a 1/2 mile radius of the site. Drinking water for the
City of Charlotte is obtained from Mountain Island Lake on the Catawba River
five miles north-northwest of the site. All downgradient properties are supplied
drinking water from the City of Charlotte. There are approximately six
groundwater monitoring wells near the railroad tracks and Flemming
8
• \1 •
• • • •' .
ATTACI--MENT 6
Laboratories Incorporated. These are to the northeast of the Goodwill Industries
and are cross-gradient from the site. It appears unlikely that the presence of these
wells would result in the movement of petroleum contamination from Goodwill
Industries into groundwater.
It is highly improbable that public water supply lines will be impacted by
this variance. The nearest water supply lines are a 20 inch line that runs parallel
on Freedom Drive and an eight inch ~upply line that runs along Berry Hill Road.
The Groundwater Section contacted the Administration Division at the Charlotte-
Mecklenburg Utility Department (704-399-2551) and was informed that the
average ·depth of these water lines from the ground surface is four feet.
Groundwater contamination beneath Goodwill Industries is too deep within the
subsurface to impact these lines.
Rule .Ol 13 (c)(5): Supporting information to establish that re quirements of the rule cannot be
achieved b y providin g best available technolo gy economically reasonable:
The part of the request that concerns variance to Corrective Action in_.15A
NCAC 2L .0106(j) will allow Goodwill Industries of the Southern Piedmont fo
discontinue Corrective Action at this site. Goodwill Industries of the Southern
Piedmont has submitted supporting information in the report and other
documents demonstrating that the continued application of BAT will not res~lt in
significant long term remediation of the site to the Groundwater Quality
Standards, contained in 15A NCAC 2L .0202. The is due to the high probability
that continued remediation activities at the site will not significantly reduce
contaminant levels below Groundwater Quality Standards in 15A NCAC 2L
.0202. Since discovery of the release on November 21, 1990 the Goodwill
Industries of the Southern Piedmont has disposed of a total of 1154 tons of diesel
fuel contaminated soil. Goodwill Industries of the Southern Piedmont has
treated approximately 2,108,185 gallons of groundwater to comply with the
cleanup requirements of the Corrective Action Plan that was approved on
October 22, 1992. Page 11 of the report titled "Variance Re q uest Incident
Number 8094 Goodwill Industries of the Southern Piedmont, Inc. 2122 Freedom
Drive Charlotte, North Carolina S&ME Pro ject No. 1354-93-410" states that a
total of $371,896 has been expended to cleanup this site. Goodwill Industries of
the Southern Piedmont has incurred $77,122 of this total in the form of State
Trust Fund deductibles and non-reimbursed items.
Concentrations of substances in the groundwater have not been
significantly reduced over the last year as shown in Table 2 of the report.
Monitoring wells have shown insignificant reductions in Benzene using pump-and
treat technology. Significant reductions in the concentrations of Naphthalene and
Benzene have not been observed in recovery wells. It is also important to note
that when the operation of the pump-and-treat groundwater remediation system
was temporarily interrupted groundwater monitoring data indicated no increase
9
. . ATTACHMENT 6
in the concentration of any constituent.
In order to demonstrate that the requirements of the rule cannot be
achieved using best available technology, Title 15A NCAC 2L .0113(c)(5) requires
that specific technology considered be identified, the costs of implementing the
technology be shown, and the impacts of the costs on the applicant be provided.
Goodwill Industries of the Southern Piedmont has considered the use of air
sparging with vapor extraction as an alternate technology to the pump-and-treat
groundwater remediation system. The company does not believe this technology
is practical to meet the requirements of 15A NCAC 2L .0113(c)(5). In order to
meet EHNR air quality standards, an air sparging system would need to be used
in conjunction with vapor extraction to prevent fugitive vapors from spreading
into the environment. The company asserts that two air sparging wells would
need to be located inside the building in order to have an effective · remediation
system. The use of vapor extraction at the Goodwill Industries site would
necessitate additional measures to protect workers from harmful concentrations
of substances inside the building. The costs required to continually control vapor
flow within the plant and the potential risk to workers offsets any inherent
benefits of this cleanup method. Pursuant to the requirements of 15A NCAG 2L
.0113(c)(5), the company does not believe that air sparging with vapor extraction
an "economically reasonable" technology for this site.
The Goodwill Industries of the Southern Piedmont has furnished cost
information for an air sparging system with vapor extraction in Table 3 of th_e
report "Variance Request Incident Number 8094 Goodwill Industries of the
Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North Carolina S&ME
Project No. 1354-93-410". This information is summarized as follows:
·Technology
Air Sparging System
Soil Vapor Extraction System
Piping & Underground Utilities
Permitting, Project Management,
On-Site Supervision Plus Operation
and Maintenance for One-Year
' Total Cost ($)
$21,000
$17,600
$23,000
$38,400
Estimated Total Cost = $100,000
10
,_.,.-
i
.1
ATTACf-MENT 6
Goodwill Industries has examined the potential effectiveness
of enhanced in-situ bioremediation technology for cleaning up the remaining
contamination at this site. Enhanced in-situ bioremediation involves the
introduction of nutrients and oxygen into groundwater. The company does not
believe that this technology is the "best available technology economically
reasonable" as specified in ISA NCAC 2L .0113(c)(S). If enhanced in-situ
bioremediation was selected as the cleanup method for the Goodwill Industries
site it would involve the use of injection wells to introduce nutrient substances
into the subsurface that would assist in biodegradation. In order to permit
injection wells under the current rules in ISA NCAC 2C .0200 they would have to
permitted as Type SX (Other Wells). On page 2 of a December 4, 1995
memorandum the company's environmental consultant stated that permitting of
injection wells for enhanced in-situ bioremediation would require the company to
conduct extensive groundwater modeling studies and geochemical modeling. In
addition, a site specific design for the injection well field would need to be
developed prior to obtaining a permit.
In addition, a corrective action plan using in-situ bioremediation woul~
also need to be reviewed under the criteria in ISA NCAC 2L .0106(1). This rule
requires a demonstration be made to the Director of the Division of
Environmental Management that the site meets the criteria of ISA NCAC 2L
.0106(1) so that the health, safety, and welfare of the public would not be
impacted by allowing natural remedial processes to -cleanup the site. In a
November 27, 1995 letter Goodwill Industries states that the investigative work
required to submit this corrective action plan would involve lengthy studies of the
geochemical properties of the site, flow properties of the contaminated matrix,
and developing methods of measuring the contaminate concentration. A study of
the feasibility of bioremediation would also need to be conducted to show that a
corrective action plan under ISA NCAC 2L .0106(1) would effectively reduce
contaminate concentrations to the level of the standards. The company believes
that in order to determine the feasibility of in-situ enhanced bioremediation, an
assessment of biologic processes in the soil would need to be examined and the
toxicity of soils and sediments to these organisms would need to be assessed.
Goodwill Industries believes that the costs of the investigative work to permit
injection wells and develop a corrective action plan would likely exceed the costs
of implementing a corrective action plan relying on air sparging technology.
Rule .0113 (c)(6): Supp orting information to establish that compliance would produce serious
financial hardshi p on the app licant:
In pages 10 through 12 of the report reveals that Goodwill Industries of
the Southern Piedmont has demonstrated that continued application of best
available technology to this site would be a prohibitively expensive method of
11
ATTACf-MENT 6
remediating groundwater contamination. Some of the plumbing for the pump-
and-treat cleanup system is located in various parts of the building. Continual
reliance on the pump-and-treat system will mean that Goodwill Industries will
not be able to utilize this additional space for offices.
Based on the previous installation of the pump-and-treat groundwater
remediation system, Goodwill Industries foresees the use of an air sparging
system with vapor recovery to cleanup the site resulting in a major disruption of
business operations at Goodwill Industries. The floor space within the Goodwill
Industries site would need major renovations in order to install this type of
system. The loading dock area would need to be closed during construction and
installation of the system causing the loss of unrecoverable revenues to the
company.
Continued operation of the pump-and-treat system may require additional
expenses on the part of Goodwill Industries. On January 12, 1995 the Charlotte-
Mecklenburg Utility Department (CMUD) gave Goodwill Industries an
"extension" to continue discharging treated effluent from the pump-and-treat
groundwater remediation system into the city's sewer system until August 31,
1996. No indication was given by CMUD as to future extensions or reissuan~ of
a permit for the discharge beyond one year. If Goodwill Industries continues ·to
conduct corrective action that necessitates the discharge of treated effluent and ..
the CMUD does not continue permitting the discharge into the sewer system, the
company will need to pursue a separate discharge for this system. Such a
discharge may require the construction of piping and pumping devices to the
nearest discharge point at a surface water body. The company reports that the
nearest drainage feature is Stewart Creek located approximately 700 feet
downgradient from the site. In addition, this discharge would need to meet the
requirements of state NPDES water quality rules in 15A NCAC 2B. Permitting
and construction of a new discharge line for the present pump-and-treat system
would require the additional expense of funds by the responsible party.
Assuming that the option of a discharge to Stewart Creek is the most cost
effective of other alternatives and the site remains eligible for state trust fund
reimbursement, the responsible party may receive reimbursement through the
trust fund for "reasonable and necessary costs" during permitting and
construction of the discharge line.
The company believes that there is immense uncertainty that best available
technology will remediate the groundwaters at this site to standards within a
foreseeable period of time. Goodwill Industries of the Southern Piedmont asserts
that allowing natural remedial processes to degrade and attenuate substances
found at the site will be no less effective a method than using technologic methods
discussed and will not entail the same burdensome costs upon the company.
12
1 ,,
ATTACl-fv1ENT 6
Rule .0113 (c)(7): Supp orting information that compliance would produce serious financial
hardshi p without equal or gr eater public benefit:
The company has submitted information in the request demonstrating that
the environment, safety and public health would not be impacted by this
variance. If air sparging with vapor recovery is used as an alternate cleanup
method, it will necessitate the continual closing of this facility until the new
system is constructed, installed, tested, and approved. The community that relies
on vocational training provided by Goodwill Industries of the Southern Piedmont
will not have access these resources. The Groundwater Section believes that the
public will not benefit from compelling the Goodwill Industries of the Southern
Piedmont to remediate this site using pump-and-treat technology or alternatives
discussed.
Rule .0113 (c)(8): "A co py of anv Special Order ... ":
No Special Order by Consent has been issued for this site.
Rule .0113 (c)(9): "A list of names and addresses of pro pertv owners ... ":
The property owners within the proposed area of the variance are shown
in Table # 1 that was revised on November 17, 1995 in a letter and includes the
Dixie Electric Company, the D&L Appliance Company, the Suburban Propane
Gas Corporation, the North Carolina Department of Transportation, CSX
Railroad Incorporated, the E.F. Lombardi Company, and Goodwill Industries of
the Southern Piedmont. Title ISA NCAC 2L .0113(e)(E) requires that
notification of a public hearing on this variance be given to these adjacent
property owners "at least 30 days prior to the date of the hearing".
It is the recommendation of the Groundwater Section that the subject variance request
to Corrective Action requirements of 15A NCAC 2L .01060) and Groundwater Quality
Standards contained in 15A NCAC 2L .0202 proceed to public notice in accordance with 15A
NCAC 2L .0113(e). Please note that the Mooresville Re gional Office has recommended that
this variance be granted u pon the condition that an additional monitoring well be installed. It
has further been recommended that this well be installed south of the well identified as
Recovery Well# 5 (RW #5 ) and that "selected wells be sam pled semi-annuall y fo r several
years". On October 6, 1995 the Division of Epidemiology completed their review of the risk
assessment methodology for this site and recommended that this variance be granted for
13
ATTACl-f>1ENT6
) ·-... ",-Goodwill Industries of the Southern Piedmont. Upon your concurrence with our
recommendation, the Groundwater Section will proceed with the preparation of the required
public notice and hearing. Upon completing of the requirements of 15A NCAC 2L .0113(d -
f), with a recommendation to grant this variance from the Environmental Management
Corn.mission Groundwater Committee, this request will proceed to the Environmental
Management Commission for final action in 15A NCAC 2L .0113(g). If there are any
questions regarding this matter or if any additional information is needed, please let me know.
ATTACHMENTS:
cc: Groundwater Section Assistant Chiefs
Mooresville Regional Groundwater Supervisor
Dr. Ken Rudo
David Hance
14
ATTACl-f-1ENT 6
• l, (
•••
11::tcJe· of No:ith Carolina
;i .. , ' Departmeht"bf 'Environment,
Health and Natural Resources
Division of Environmental Management
James 8. Hunt, Jr., Governor
r~-~A
e - -~~ nan
Jonathan B. Howes, Secretary DEHNR
A. Preston Howard, Jr., P.E., Director
September 8, 1995
MEMORANDUM:
TO:
FROM:
Dr. Ken Rudo, Ph.D, Toxicologist,
Environmental Epidemiology Section
Arthur Mouberry, P.E., Chief A:'JJ
Groundwater Section @·
SUBJECT: Goodwill Industries Request for Variance from
lSA NCAC 2L .0202 Groundwater Quality Standards
for Property at 2122 Freedom Drive in Charlotte, North
Carolina.
Attached is a variance request on behalf of the Goodwill
Industries of the Southern Piedmont from SM&E Incorporated. The.
request for variance is to groundwater standards for Benzene,
Ethylbenzene, Toluene, Xylene (-o,-m, and -p), Naphthalene,
Methyl Tert-Butyl Ether, Dimethyl Phthalate, and 1,2-
Dichlorobenzene. The request is for a site contaminated by a
release from a 2,000 gallon underground storage tank used to
store diesel fuel. The area for which the variance request has
been made is entirely within the property boundaries of the
Goodwill Industries of the Southern Piedmont. This facility has
been primarily used to assist and provide vocational training to
handicapped persons. According to information submitted by the
company, Goodwill Industries is within a heavily industrialized
area of the City of Charlotte. Monitoring well data indicates
contamination in excess of groundwater standards in 15A NCAC 2L
.0202. Goodwill Industries of the Southern Piedmont does not
believe that any public benefit can be gained through continued
groundwater remediation efforts.
Please review the attached report and provide the
Groundwater Section with a r~commendation regarding this request.
If possible, the Section would like to receive your response by
October 13, 1995. Upon receiving your recommendation, the
Section will forward a recommendation to the Director of the
Division of Environmental Management.
If you need additional assistance or information please call
me at 733-3221.
cc: Carl Bailey
Dr. Burrie Boshoff
David Hance
Mooresville Regional Office Groundwater Supervisor
P.O . Box 29535. Raleigh. North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
I
Author: "Knight; Sherri" <[e-mail]> at Internet
Date: 2/5/97 9:37 AM
Priority: Normal
Receipt Requested
TO: David Hance at NRGWS0lP
Subject: RE: HEARING OFFICER'S REPORT FOR GOODWILL INDUSTRIES VARIAN
------------------------------------Message Contents------------------------------------
This is a typo . I'm sorry I didn't catch it when I reviewed.
Sherri
> Date:
> From:
> Subject:
> To:
Tue, 4 Feb 1997 18:13:14 -0500
David_Hance®mail.ehnr.state.nc.us (David Hance)
RE: HEARING OFFICER'S REPORT FOR GOODWILL INDUSTRIES VARIANC
[e-mail]
> ********* PRIORITY MESSAGE********* PRIORITY MESSAGE*******
>
>
> SHERRI,
>
> THIS IS A FOLLOW-UP TO MY PHONE CALL EARLIER ...... .
>
>
> IN YOUR HEARING OFFICER'S REPORT .................................. .
> ........ IF YOU LOOK AT PAGE 2, PARAGRAPH 5, THE LAST LINE AS IT GOES
> OVER ONTO PAGE 3 ....... THE SENTENCE READS AS
>
◄> " the fact that the plume of contamination does appear to be
> migrating offsite, the low risk ..... "
>
> IS THIS RIGHT??? SHOULD IT READ AS:
>
> " the fact that the plume of contamination does NOT appear to be
> migrating offsite, the low risk ..... "
>
>
> IF THIS IS A TYPO PLEASE CALL ME .... PRESTON HAS SIGNED OFF THIS AND I
> HAVE ALREADY HAD COPIES MADE FOR THE GROUNDWATER COMMITTEE.
>
> IF THIS IS A TYPO .... WHAT WE CAN DO AT THE MEETING IS ..... TO INFORM
> THE GROUNDWATER COMMITTEE AT THE FEBRUARY 12, 1997 MEETING OF IT AND
> FIX IT THERE.
>
> PLEASE CALL OR EMAIL ME YOUR ANSWERS.
>
> (D. HANCE)
>
'
Author: Mail Delivery System <[e-mail]> at Internet
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TO: David Hance at NRGWS01P
Subject: Delivery Confirmation
------------------------------------Message Contents------------------------------------
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Subject: RE: HEARING OFFICER'S REPORT FOR GOODWILL INDUSTRIES VARIANC
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Author: David Hance at NRGWS0lP
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CC: Arthur Mouberry
CC: Carl Bailey
CC: David Hance
TO: [e-mail] at Internet
Subject: re: VARIANCE REQUEST FOR GOODWILL INDUSTRIES (GWI 8094)
------------------------------------Message Contents------------------------------------
SHERRI,
I'VE GOT GOOD NEWS ..... THE DIRECTOR SIGNED OFF ON THE VARIANCE
REQUEST FOR GOODWILL .INDUSTRIES OF THE SOUTHERN PIEDMONT IN CHARLOTTE,
NC. WE CAN NOW SEND THIS ON TO THE EMC-GROUNDWATER COMMITTEE FOR
ACTION PURSUANT TO lSA NCAC 2L .0113.
WE INTEND TO PRESENT THIS VARIANCE REQUEST TO THE GROUNDWATER
COMMITTEE ON WEDNESDAY, FEBRUARY 12, 1997 AT 2:00 PM IN THE ARCHDALE
BUILDING GROUND FLOOR HEARING ROOM. YOUR PRESENCE IS REQUESTED TO
PRESENT THIS VARIANCE TO THE COMMITTEE MEMBERS AND ANSWER QUESTIONS
REGARDING YOUR RECOMMENDATION.
IF THE EMC-GROUNDWATER COMMITTEE APPROVES ..... THIS VARIANCE CAN
THEN PROCEED TO THE FULL ENVIRONMENTAL MANAGEMENT COMMISSION AT THEIR
REGULARLY SCHEDULED MEETING ON THURSDAY MARCH 13,1997.
>>> CAN YOU ATTEND THE GROUNDWATER COMMITTEE MEETING ON 2/12/97?
>>>> DO YOU THINK ALLAN SCHIFF NEEDS TO BE AT THIS MEETING?
PLEASE CALL OR E-MAIL ME SO WE CAN PLAN OUR MEETING.
DH
( -:,-------------------------------------------------
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"re: VARIANCE REQUEST FOR GOODWILL INDUSTRIES (GWI 8094)11
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'.1bj ect: re : VARIANCE REQUEST FOR GOODWILL INDUSTRIES ( GWI 8 0 94)
/ . . o: [e-mail], [e-mail]
Cc: [e-mail] (Arthur Mouberry),
[e-mail] (Carl Bailey),
David [e-mail] (David Hance)
David [e-mail] (David Hance)
...
Author: Mail Delivery System <postmaster@mro .ehnr.state.nc.us> at Internet
)ate: 1/30/97 5: 19 PM
..Jriority: Normal
TO: David Hance at NRGWS01P
Subject: Delivery Confirmation
Message Contents
With reference to your message with the subject:
"re: VARIANCE REQUEST FOR GOODWILL INDUSTRIES (GWI 8094)"
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~rom: [e-mail] (David Hance)
\.lbject: re: VARIANCE REQUEST FOR GOODWILL INDUSTRIES (GWI 8094)
-O: [e-mail], [e-mail]
Cc: [e-mail] (Arthur Mouberry),
[e-mail] (Carl Bailey),
[e-mail] (David Hance)
David [e-mail] (David Hance)
MEMO-VARIANCE-
IMPORTANT!
To:
From:
Subject:
Date:
Sherri Knight //) /\--
David A. Hance ,Y/p
-Goodwill Industries Hearing Officer's Report for the Variance Request
December 9, 1996
Here are some PROPOSED changes to the hearing officers report that you sent me in
November 1996. Most changes are editorial in nature or for clarification. I expanded on your
thoughts in the fourth and fifth paragraphs to include my discussions with Barbara Christian and
Arthur Mouberry. Included in Attachment# 2 is a "Proceedings of the Hearing" with the .
registration list. I also recommend we have an Attachment # 6 that will provide the EMC niore
information about this site if they wish to examine it more closely. DID YOU REQUEST
ADDITIONAL MONITORING DATA FOR THIS SITE? WE MAY WANT TO INCLUDE
THIS IN THE DISCUSSION OR DO WE????
The copy marked DRAFT-SUBJECT TO REVISIONS for your review. A clean copy of
this report with the attachments is also included. If you have no cltanges, please sign the clean
copy and mail it back to me. IF we need to make corrections call me at 919-715-6189 or send an
EMAIL TO ME with that information.
Once we have a report that you are satisfied with we will send this toArthur Mouberry
and Preston Howard so it may go before the EMC Groundwater Committee on Feburary 13,
1997. lfthe EMC Groundwater Committee gives it's approval in February, the earliest time this
variance can proceed to the full EMC is March 13, 1997. Sorry for not getting to it sooner but
Risk Based Corrective Action rulemaking had priority.
cc: Carl Bailey
PUBLIC HEARING
A public notice was published advising interested parties that a public hearing was
scheduled on March 19, 1996 (Attachment 1). The public hearing was conducted as scheduled.
The Division was represented by four staff members:
Sherri Knight
Allen Schiff
Keith Overcash
David Hance
Hearing Officer
Mooresville Regional Office
Mooresville Regional Office
Recorder
The hearing was attended by four citizens representing Goodwill Industries of the
Southern Piedmont and their consulting firm S&ME (Attachment2). No one present requested
to make verbal comments. Opening remarks were given by the hearing officer, followed by the
staff presentation by Allen Schiff (Attachment 3). No written comments were received during
the hearing and only one was received prior to the closing of the hearing record on April 19,
1996 (attachment 4).
In general, the written comments, submitted by James Ponder, project geologist with
S&ME, proposed a semi-annual monitoring schedule for one year followed by annual sampling
thereafter. These recommendations were based upon discussions with Mooresville Regional
Office staff. The comments also addressed specific analytical methods to be used and the
infeasibilty of installing an additional monitoring well.
On June 21, 1996, the North Carolina General Assembly enacted Senate Bill 1317 into
law that allows clean-up activities (including monitoring) to be temporarily suspended pending
adoption of risk assessment rules for UST sites classified as 'CDE'.
Based upon ~~de~~~ the Mooresville Regional Office prepared a memorandum
revising previous recommendations for monitoring requirements contingent upon variance
approval.
DISCUSSION/RECOMMENDATION
The two issues before the Environmental Management Commission (EMC) are whether
to grant a variance from the Groundwater quality standards for benzene, toluene, ethylbenzene,
xylenes, naphthalene, dimethyl phthalate and 1,2 Dichlorobenzene as found in NCAC 2L .0202
and a variance from the requirement to continue to implement a corrective action plan using the
best available technology as required by NCAC 2L .0106 (j).
A total of $371,896 has been expended to clean-up this site, approximately $294,774
incurred from the State Underground Storage Tank Trust Fund. This included contaminated soil
removal to the extent practicable and groundwater extraction and treatment. Goodwill Industries
of the Southern Piedmont has submitted supporting information demonstrating that continued
operation of best available technology will not result in significant long term remediation of the
site to the groundwater quality standards in 15 A NCAC 21 .0202 and contend that continued
operation of the existing system will be a serious financial burden without equal or greater public
benefit.
Contaminated soil (1154 tons) has been excavated and disposed of appropriately. A
groundwater pump and treat system was in operation for approximately 18 months and treated
in excess of 2 million gallons of water. There has been no significant increase of contaminants
since the system has been shut down. The contaminated groundwater plume is limited to the
site and has not impacted off-site properties at this time. Groundwater modeling predicts that
it would take 10 years for the contaminant plume to reach adjoining property assuming no
attenuation or degradation of the contaminants. This variance request applies only to an area
of property owned by Goodwill Industries of the Southern Piedmont.
Based upon the low site priority ranking, the limited areal extent of contamination, the
ability of the contaminants to attenuate, and the financial burden of continued remediation
without significant environmental improvement, it is my recommendation that the EMC consider
granting the variance request without further monitoring requirements.
Attachment 3
(Hearing Officer's Speech)
Attachment 4
(April 4, 1996 letter -S&ME)
Attachment 5
(September 16, 1996 Memorandum)
Attachment 1
(Public Notice)
Attachment 2
(Registration List)
,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 25, 1996
MEMORANDUM
TO:
FROM:
SUBJECT:
Roy Davis
Preston Howard ,L1/l}--
Designation as Hearing Officer
AVA
D E HNR
I am hereby designating you as Hearing Officer for a public hearing concerning a
variance request from the requirements of 15A NCAC 2L .0202 and 15A NCAC 2L .0106 G).
The hearing concerns a variance for an area of petroleum contamination on property
previously owned by the Unocal Corporation. In 1987 the Unocal Corporation sold this
property to the DH&S Company. The person requesting this variance is the Unocal
Corporation of Atlanta, Georgia.
The hearing schedule is as follows:
CHARLOTTE. NORTH CAROLINA
November 7, 1996
7:00 PM
Mecklenburg County Courthouse -Criminal Courts Building
Second Floor-Courtroom 2201
700 East Fourth Street
Groundwater Section,
P.O. Box 29578, Raleigh, No.rth Carolina 27626-0578
2728 Capital Blvd., Raleigh, North Carolina 27604
N!JC
!fffltjfij@P
1
Voice 919-733-3221 FAX [phone]
An Equal Opportunity/ Affirmative Action Employer
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,
Included with this memorandum is an information packet which contains the Hearing
Officer's speech and directions to the hearing location. Please be advised staff have not
made arran gements for your overni ght sta y.
The written comment period for this variance will close at 12:00 PM (midnight) on
December 9, 1996. I am requiring you to complete the hearing officers report and t~e
recommendation to the Environmental Management Commission Groundwater
Committee by March 11, 1997. This period of time is ninety (90) days after the closing date
for written public comment and allows Division staff adequate · time · to review your
recommendation. Unless significant new site information becomes available after the public
hearing or other extraordinary circumstances occur that dictate a longer review period by the
hearing officer, the earliest date that this variance may be considered by the Groundwater
Committee is April 9, 1997. If your review of the variance shows that there is a need for a
longer evaluation period, please contact Arthur Mouberry at [phone].
I appreciate your taking the time to conduct this hearing. The staff will be glad to
assist you through the proceedings. If you have any questions, feel free to call Carl Bailey at
[phone].
Attachments.
cc: Arthur Mouberry
Carl Bailey
David Hance
2
Public Hearing-Variance Request
November 7, 1996
1
Variance to 15A NCAC 2L .0202 and 15A NCAC 2L .0106(j)
4336 Park Road, Charlotte, North Carolina
(Groundwater Incident Number 3633)
HEARING LOCATED AT:
Mecklenburg County Courthouse
Criminal Courts Building -2nd Floor, Courtroom 2201
700 East Fourth Street -(at 7:00 PM)
HEARING OFFICER'S SPEECH
HEARING OFFICER: Roy Davis, Division of Water Quality, Regional Supervisor
(Asheville Regional Office)
HEARING OFFICER: GOOD EVENING, I WOULD LIKE TO CALL TIDS
PUBLIC HEARING TO ORDER. MY NAME IS ROY DA VIS, AND I AM THE
DIVISION OF WATER QUALITY (FORMERLY THE DIVISION OF
ENVIRONMENTAL MANAGEMENT) REGIONAL SUPERVISOR IN THE
ASHEVILLE REGIONAL OFFICE. I HA VE BEEN DESIGNATED HEARING
OFFICER FOR TIDS EVENING'S HEARING.
TIDS HEARING IS BEING HELD PURSUANT TO NORTH CAROLINA
GENERAL STATUTE lS0B-21.2. IN ACCORDANCE WITH THE GENERAL
STATUTES, A PUBLIC NOTICE OF TIDS HEARING WAS PUBLISHED IN
1
:t
CONFORMITY WITH 15A NCAC 2L .0113 OF THE GROUNDWATER RULES
AND GENERAL NOTICE HAS BEEN GIVEN IN LOCAL PAPERS
ACCORDING TO PROCEDURES IN 15A NCAC 2L .0113(e)(l). NOTICES
WERE ALSO DISTRIBUTED TO THE PUBLIC AT LARGE, LOCAL
GOVERNMENT OFFICIALS, AND PROPERTY HOLDERS WITHIN AND
NEAR THE AREA OF THE PROPOSED VARIANCE.
THE PURPOSE OF THIS HEARING IS TO OBTAIN PUBLIC COMMENT
AND PARTICIPATION IN THE CONSIDERATION OF THE VARIANCE
REQUEST FOR THE UNOCAL CORPORATION OF ATLANTA, GEORGIA.
THE UNOCAL CORPORATION IS REQUESTING Tms VARIANCE FROM
RULES CONTAINED IN 15A NCAC 2L GROUNDWATER CLASSIFICATION
AND STANDARDS FOR THE PROPERTY LOCATED AT 4336 PARK ROAD.
Tms PROPERTY, PREVIOUSLY OWNED BY THE UNOCAL
CORPORATION, IS NOW OWNED BY DH&_S COMPANY. UPON TANK
REMOVAL AND SITE RENOVATION BY THE UNOCAL CORPORATION,
DH&S CONSTRUCTED A RETAIL GASOLINE STATION KNOWN AS THE
PETRO EXPRESS. TmS PROPOSED VARIANCE FOR THE UNOCAL
CORPORATION WILL APPLY ONLY TO AN AREA CONSISTING OF THIS
PROPERTY AT 4336 PARK ROAD (PARCEL NUMBER 143-203-24). THE
2
UNOCAL CORPORATION ESTIMATES THE TOTAL AREA OF LAND FOR
WHICH THIS VARIANCE IS REQUESTED IS APPROXIMATELY 1.05
ACRES. IN THE SUPPORTING INFORMATION SUBMITTED IN TIDS
VARIANCE REQUEST, THE UNOCAL CORPORATION INFORMED THE
DIVISION THAT TIDS SITE IS LOCATED WITHIN AN AREA CONTAINING
A MIXTURE OF COMMERCIAL, INDUSTRIAL AND RESIDENTIAL
PROPERTIES.
THE APPLICANT PROPOSES TO ALLOW THOSE CONCENTRATIONS
OF BENZENE, TOLUENE, ETHYLBENZENE, XYLENES, NAPHTHALENE,
METHYL-TERT BUTYL ETHER (M:TBE), ISOPROPYL ETHER, ETHYLENE
DIBROMIDE, 1,1-DICHLOROETHANE, 1,1-DICHLOROETHENE, 1,2-
DICHLOROETHANE, 1,1,1,-TRICHLOROETHANE, 1,1,2,2,-
TETRACHLOROETHANE, 1,1,2-TRICHLOROETHANE, 1,2-
DICHLOROPROPANE, BROMODICHLOROMETHANE, BROMOFORM, cis-
1,3-DICHLOROPROPENE, CARBON TETRACHLORIDE, CHLOROFORM,
DIBROMOCHLOROMETHANE, METHYLENE CHLORIDE, trans-1,3-
DICHLOROBENZENE, 1,4-DICHLOROBENZENE, AND CHLOROBENZENE
TO REMAIN AT LEVELS AS FOUND DURING THE DECEMBER 1995
GROUNDWATER ANALYSIS, THESE CONCENTRATIONS WILL BE
3
1
REQUIRED TO REMAIN WITHIN THE PROPERTY BOUNDARIES OF 4336
PARK ROAD. THE UNOCAL CORPORATION ALSO PROPOSES THAT
CORRECTIVE ACTIONS REQUIRING THE APPLICATION OF BEST
AVAILABLE TECHNOLOGY IN lSA NCAC 2L .0106 (j) NOT BE APPLIED TO
THE AREA WITHIN THE BOUNDARIES OF THE PROPOSED VARIANCE.
THE UNOCAL CORPORATION HAS REPORTED THAT A TOTAL OF $
313,S00 HAS BEEN EXPENDED TO CLEANUP TIDS SITE. NO CLAIMS FOR
REIMBURSEMENT THROUGH THE STATE'S COMMERCIAL
UNDERGROUND STORAGE TANK TRUST FUND HAVE EVER BEEN FILED
BY THE UNOCAL CORPORATION FOR TIDS SITE. THE UNOCAL
CORPORATION HAS SUBMITTED SUPPORTING INFORMATION
DEMONSTRATING THAT THE CONTINUED APPLICATION OF BEST
AVAILABLE TECHNOLOGY WILL NOT RESULT IN SIGNIFICANT LONG
TERM REMEDIATION OF THE SITE TO THE GROUNDWATER QUALITY
STANDARDS IN ISA NCAC 2L .0202. THE COMPANY BELIEVES THAT
APPLICATION OF BEST AVAILABLE TECHNOLOGY AT TIDS LOCATION
IS A SERIOUS FINANCIAL IMPACT WITHOUT EQUAL OR GREATER
PUBLIC BENEFIT.
4
REQUIRED TO REMAIN WITHIN THE PROPERTY BOUNDARIES OF 4336
PARK ROAD. THE UNOCAL CORPORATION ALSO PROPOSES THAT
CORRECTIVE ACTIONS REQUIRING THE APPLICATION OF BEST
AVAILABLE TECHNOLOGY IN 15A NCAC 2L .0106 (j) NOT BE APPLIED TO
THE AREA WITHIN THE BOUNDARIES OF THE PROPOSED VARIANCE.
THE UNOCAL CORPORATION HAS REPORTED THAT A TOTAL OF $
313,500 HAS BEEN EXPENDED TO CLEANUP THIS SITE. NO CLAIMS FOR
REIMBURSEMENT THROUGH THE STATE'S COMMERCIAL
UNDERGROUND STORAGE TANK TRUST FUND HA VE EVER BEEN FILED
BY THE UNOCAL CORPORATION FOR TIDS SITE. THE UNOCAL
CORPORATION HAS SUBMITTED SUPPORTING INFORMATION
DEMONSTRATING THAT THE CONTINUED APPLICATION OF BEST
AVAILABLE TECHNOLOGY WILL NOT RESULT IN SIGNIFICANT LONG
TERM REMEDIATION OF THE SITE TO THE GROUNDWATER QUALITY
STANDARDS IN ISA NCAC 2L .0202. THE COMPANY BELIEVES THAT
APPLICATION OF BEST AVAILABLE TECHNOLOGY AT THIS LOCATION
IS A SERIOUS FINANCIAL IMPACT WITHOUT EQUAL OR GREATER
PUBLIC BENEFIT.
4
REQUIRED TO REMAIN WITHIN THE PROPERTY BOUNDARIES OF 4336
PARK ROAD. THE UNOCAL CORPORATION ALSO PROPOSES THAT
CORRECTIVE ACTIONS REQUIRING THE APPLICATION OF BEST
AVAILABLE TECHNOLOGY IN 15A NCAC 2L .0106 (j) NOT BE APPLIED TO
THE AREA WITHIN THE BOUNDARIES OF THE PROPOSED VARIANCE.
THE UNOCAL CORPORATION HAS REPORTED THAT A TOTAL OF $
313,500 HAS BEEN EXPENDED TO CLEANUP THIS SITE. NO CLAIMS FOR
REIMBURSE1\1ENT THROUGH THE STATE'S COM1\1ERCIAL
UNDERGROUND STORAGE TANK TRUST FUND HAVE EVER BEEN FILED
BY THE UNOCAL CORPORATION FOR Tms SITE. THE UNOCAL
CORPORATION HAS SUBMITTED SUPPORTING INFORMATION
DEMONSTRATING THAT THE CONTINUED APPLICATION OF BEST
AVAILABLE TECHNOLOGY WILL NOT RESULT IN SIGNIFICANT LONG
TERM RE1\1EDIATION OF THE SITE TO THE GROUNDWATER QUALITY
STANDARDS IN 15A NCAC 2L .0202. THE COMPANY BELIEVES THAT
APPLICATION OF BEST AVAILABLE TECHNOLOGY AT THIS LOCATION
IS A SERIOUS FINANCIAL IMPACT WITHOUT EQUAL OR GREATER
PUBLIC BENEFIT.
4
THIS HEARING WILL CONFORM TO PROCEDURES IN 15A NCAC 2L
.0113. ADDITIONAL COPIES OF THE NOTICE OF VARIANCE
APPLICATION AND HEARING ARE LOCATED IN THIS BUILDING AND
ARE AVAILABLE FOR PUBLIC REVIEW.
A WRITTEN RECORD OF TIDS HEARING WILL BE PREPARED WHICH
WILL INCLUDE ALL THE RELEVANT COMMENTS, QUESTIONS, AND
DISCUSSIONS. FOR TIDS REASON, THE HEARING IS BEING TAPE
RECORDED. WRITTEN COMMENTS RECEIVED THROUGH DECEMBER 9,
1996 WILL ALSO BE INCLUDED IN THE RECORD. BASED ON THESE
PUBLIC COMMENTS AND ON ANALYSIS BY THE GROUNDWATER STAFF,
I WILL MAKE A RECOMMENDATION TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION. IN MAKING THE FINAL DECISION, THE
ENVIRONMENTAL MANAGEMENT COMMISSION CONSIDERS THE
WRITTEN RECORD, THE RECOMMENDATION OF THE HEARING
OFFICER, THE RECOMMENDATIONS OF DMSION STAFF, AND THE
CONCERNS OF ITS MEMBERS. THE COMMISSION MUST ALSO
CONSIDER WHETHER THE APPLICANT HAS COMPLIED WITH 15A NCAC
2L .0113(g).
5
IF THE APPLICANT DECIDES THAT THE COMMISSION'S DECISION
IS UNACCEPTABLE, A PETITION MAY BE FILED ACCORDING TO
PROCEDURES IN 15A NCAC 2L .0113(h). THE DECISION ON THE
VARIANCE BY THE ENVIRONMENTAL MANAGEMENT COMMISSION IS
FINAL AND BINDING ACCORDING TO THE CONDITIONS SHOWN IN 15A
NCAC 2L .0113(h).
AT THIS TIME I WOULD LIKE TO RECOGNIZE (names of local and state
officials) AND THANK YOU FOR ATTENDING TIDS HEARING. I WOULD
ALSO LIKE TO RECOGNIZE THE FOLLOWING PEOPLE FROM THE
DIVISION OF WATER QUALITY (DWQ central office and DWQ regional office personnel).
MR.(staff speaker) OF THE DMSION OF WATER QUALITY-
GROUNDWATER SECTION MOORESVILLE REGIONAL OFFICE WILL
NOW SUMMARIZE THE PROPOSED VARIANCE WIDCH IS THE SUBJECT
OF THIS HEARING.
STAFF SPEAKER ; (staff speaker summarizes variance request).
HEARING OFFICER; THANK YOU. WE WILL NOW ACCEPT
PUBLIC COMMENT ON THE PROPOSED VARIANCE. I WOULD LIKE TO
6
REQUEST THAT EVERYONE FILL OUT A REGISTRATION FORM. AFTER
ALL REGISTERED SPEAKERS HA VE HAD AN OPPORTUNITY TO
COMMENT, I WILL ALLOW ADDITIONAL SPEAKERS AS TIME PERMITS.
WHEN YOUR NAME IS CALLED, PLEASE COME UP TO THE
MICROPHONE AND STATE YOUR NAME AND AFFILIATION. ALL
COMMENTS SHOULD BE LIMITED TO MATTERS THAT ARE RELATIVE
TO THE PROPOSED ADOPTION OF THIS VARIANCE. IF YOUR
COMMENTS ARE LONGER THAN THREE MINUTES, I WOULD LIKE TO
REQUEST THAT THEY BE SUBMITTED IN WRITING. I RESERVE THE
RIGHT TO QUESTION SPEAKERS IF THE NEED SHOULD ARISE.
DIVISION OF WATER QUALITY STAFF WILL BE AVAILABLE TO
ANSWER YOUR QUESTIONS IF NECESSARY. I WOULD NOW LIKE. TO
CALL [first speaker].
[speakers ••• ]
(the hearing officer, referring to THE REGISTRATION CARDS, calls each speaker to the
microphone in tum )
HEAR.ING OFFICER~ THANK YOU [last speaker]. ARE THERE ANY MORE
COMMENTS? SINCE THERE ARE NO MORE COMMENTS, I DECLARE
THE HEARING CLOSED. THE HEARING RECORD WILL REMAIN OPEN
7
•
UNTIL 12:00 PM (M:IDNIGHT) ON DECEMBER 9, 1996. ANYONE WISHING
TO SUBMIT WRITTEN COMMENTS MAY DO SO UNTIL THAT DATE.
AFTER WIIlCH TIME, THE COMMENTS WILL BE MADE PART OF THE
PUBLIC RECORD AND I SHALL MAKE RECOMMENDATIONS TO THE
ENVIRONMENTAL MANAGEMENT COMMISSION. WRITTEN COMMENTS
MUST BE ADDRESSED TO DAVID HANCE AT THE DIVISION OF WATER
QUALITY GROUNDWATER SECTION. THE ADDRESS WRITTEN
COMMENTS NEED TO BE SENT TO IS SHOWN IN THE PUBLIC NOTICE
AND IS AS FOLLOWS:
David Hance
EHNR-DWQ-Groundwater Section
P .0. Box 29578
Raleigh, NC 27626-0578
A FACSIMILE COPY OF WRITTEN COMMENTS MAY BE SENT TO MR.
HANCE BY DIALING [phone]. ms TELEPHONE NUMBER IN
RALEIGH IS [phone].
IT IS THE DESIRE OF THE COMMISSION TO ALWAYS ACT IN THE
BEST POSSIBLE INTEREST OF THE PUBLIC. THEREFORE, PUBLIC
PARTICIPATION IS A VERY IMPORTANT PART OF THE RULE-MAKING
PROCESS. I WOULD LIKE TO THANK YOU FOR ATTENDING THE
HEARING AND OFFERING YOUR COMMENTS.
8
Directions to Variance Hearing for the Unocal Corporation
(Site located at 4336 Park Road in Charlotte, NC)
HEARING LOCATED AT:
Mecklenburg County Courthouse Criminal Courts Building -2nd Floor, Courtroom 2201
700 East Fourth Street, Charlotte, NC (November 7, 1996 at 7:00 PM)
MOORESVILLE REGIONAL OFFICE STAFF PRESENTER:
Allen Schiff(704) 663-1699; fax -[phone]
RALEIGH GROUNDWATER SECTION STAFF RECORDER:
David Hance [phone]; fax-[phone]
HEARING OFFICER: ROY DAVIS [phone]
CONTACTPERSONATTHECOURTHOUSE-CAPT. DEATON [phone]
FROM ASHEVILLE, NC:
Take 1-26 to US -74 then get on 1-85 before you reach Gastonia, NC and proceed toward Charlotte,
NC. Take NC 27 (Freedom Drive) into Downtown Charlotte. Follow NC ~ and get onto McDowell
Street Proceed five city blocks on McDowell Street and turn onto East Trade Street The Criminal
Courts Building is located adjacent to the Government Center. NOTE: East Fourth Street ts a one
way street going east to west East Third Street 1s a one way street going west to east
FROM RALEIGH, NC:
Take 1-85 into Charlotte and exit onto NC 16 (Brookshire Freeway). NC 16 will become 1-277. Take I·
277 to S. Graham Street and then go onto East Trade Street. The Criminal Courts Building is located
adjacent to the Government Center. NOTE: East Fourth Street 1s a one way street going east to
west East Third Street ls a one way street going west to east
(See Attached Map)
MEMORANDUM
TO: Arthur Mouberry
FROM: Allen Schiff u.,.J
THROUGH: Barbara Christian k,_,
DIVISION OF WATER QUALITY
September 16, 1996
-.J
SUBJECT: Recommendation to Delete Monitoring Requirements
For Goodwill Industries of the Southern Piedmont,
2122 Freedom Drive
-J
Inc.
Groundwater Incident No. 8094
Mecklenburg County, N.C.
On October 13, 1995, the MRO forwarded you a variance
request for the subject site along with the MRO's recommendation
that selected monitor wells be sampled semi-annually if the
variance was approved. Upon further review of the variance
request and 15A NCAC 2L .0113 the MRO feels that the variance
should be approved without any further monitoring for the
following reasons:
1. The groundwater contaminant plume does not extend offsite.
2. The contaminant plume, for the most part, exists under the
Goodwill building.
3. Goodwill has calculated that it would take ten years for any
contaminants to reach the adjoining downgradient property,
assuming no attenuation or degradation.
4. Goodwill has also calculated that it would take 63 years for
the contaminants to reach the nearest surface water body,
assuming no attenuation or degradation.
5. Public water supply lines in the area of the Goodwill
facility are buried too shallow to be impacted by
contaminants found at the site.
6. 1154 tons of contaminated soils have been excavated and
disposed of at a permitted facility.
7. A groundwater pump and treat system was in operation from
November 1, 1993 until May 5, 1995. This system treated a
total of 2,108,185 gallons of groundwater during its
operation . No significant increase of contaminants has
occurred since the system has been shut off.
... : ,_;,:·~
·--· ;·, i
\3
_.,. ·:· ~.-..
8. The contaminants that currently exist (see attached table) at
the Goodwill site, BTEX, MTBE and naphthalene, have the
capacity to degrade and attenuate.
9. No potable water supply wells exist within at least a½ mile
radius of the subject site.
10. The site is a class E site.
In summary, this is a very low priority setting, the minimal
contaminants remaining are known to be biodegradable, and we were
incorrect in our assumption that monitoring would always be
required upon granting of a variance resulting in our concurrence
with the proposed monitoring. If you concur with this
recommendation, please forward this memo to Sherri Knight for her
comments. If you should have any questions, I can be reached at
704-663-1699 ext. 236.
Attachment
ajs
DIVISION OF WATER QUALITY
September 16, 1996
MEMORANDUM
TO: Arthur Mouberry
FROM: Allen Schiff a._,.J
THROUGH: Barbara Christian J..,c_,
SUBJECT: Recommendation to Delete Monitoring Requirements
For Goodwill Industries of the Southern Piedmont,
2122 Freedom Drive
Groundwater Incident No. 8094
Mecklenburg County, N.C.
Inc.
On October 13, 1995, the MRO forwarded you a variance
request for the subject site along with the MRO's recommendation
that selected monitor wells be sampled semi-annually if the
variance was approved. Upon further review of the variance
request and 15A NCAC 2L .0113 the MRO feels that the variance
should be approved without any further monitoring for the
following reasons:
1. The groundwater contaminant plume does not extend offsite.
2. The contaminant plume, for the most part, exists under the
Goodwill building.
3. Goodwill has calculated that it would take ten years for any
contaminants to reach the adjoining downgradient property,
assuming no attenuation or degradation.
4. Goodwill has also calculated that it would take 63 years for
the contaminants to reach the nearest surface water body,
assuming no attenuation or degradation.
5. Public water supply lines in the area of the Goodwill
facility are buried too shallow to be impacted by
contaminants found at the site.
6. 1154 tons of contaminated soils have been excavated and
disposed of at a permitted facility.
7. A groundwater pump and treat system was in operation from
November ·1, 1993 until May 5, 1995. This system treated a
total of 2,108,185 gallons of groundwater during its
operation. No significant increase of contaminants has
occurred since the system has been shut off.
-.J
-.
' •' ::.! ,,. ...
--:>-
. ·, --.:
A
8. The contaminants that currently exist (see attached table) at
the Goodwill site, BTEX, MTBE and naphthalene, have the
capacity to degrade and attenuate.
9. No potable water supply wells exist within at least a½ mile
radius of the subject site.
10. The site is a class E site.
In summary, this is a very low priority setting, the minimal
contaminants remaining are known to be biodegradable, and we were
incorrect in our assumption that monitoring would always be
required upon granting of a variance resulting in our concurrence
with the proposed monitoring. If you concur with this
recommendation, please forward this memo to Sherri Knight for her
comments. If you should have any questions, I can be reached at
704-663-1699 ext. 236.
Attachment
ajs
any public or private agency or agencies in the conduct of such experiments, research, and
investigations, and may, when funds permit, establish research studies in any North Carolina
educational institution, with the consent of such institution. In addition, the Department shall
have the power to cooperate and enter into contracts with technical divisions of State agencies,
institutions and with-municipalities, industries, and other persons in the execution of such
surveys, studies, and research as it may deem necessary in fulfilling its functions under this
Article or Article 21B of this Chapter. All State departments shall advise with and cooperate with
the Department on matters of mutual interest.
(c) Relation with the Federal Government. -The Commission as official water and air
pollution control agency for the State is delegated to act in local administration of all matters
covered by any existing federal statutes and future legislation by Congress relating to water and
air quality control. In order for the State of North Carolina to effectively participate in programs
administered by federal agencies for the regulation and abatement of water and air pollution, the
Department is authorized to accept and administer funds provided by federal agencies for water
and air pollution programs and to enter into contracts with federal agencies regarding the use of
such funds.
(d) Relations with Other States. -The Commission or the Department may, with the approval
of the Governor, consult with qualified representatives of adjoining states relative to the
establishment of regulations for the protection of waters and air of mutual interest, but the
approval of the General Assembly shall be required to make any regulations binding.
(e) Variances. -Any person subject to the provisions of G.S. 143-215.1 or 143-215.108 may
apply to the Commission for a variance from rules, standards, or limitations established pursuant
to G.S. 143-214.1, 143-215, or 143-215.107. The Commission may grant such variance, for fixed
or indefinite periods after public hearing on due notice, or where it is found that circumstances so
require, for a period not to exceed 90 days without prior hearing and notice. Prior to granting a
variance hereunder, the Commission shall find that:
(1) The discharge of waste or the emission of air .. contaminants occurring or proposed to occur
do not endanger human health or safety; and
(2) Compliance with the rules, standards, or limitations from which variance is sought cannot
be achieved by application of best available technology found to be economically
reasonable at the time of application for such variances, and would produce serious
hardship without equal or greater benefits to the public, provided that such variances shall
be consistent with the provisions of the Federal Water Pollution Control Act as amended or
the Clean Air Act as amended; and provided further, that any person who would otherwise
be entitled to a variance or modification under the Federal Water Pollution Control Act as
amended or the Clean Air Act as amended shall also be entitled to the same variance from
or modification in rules, standards, or limitations established pursuant to G.S. 143-214.1,
143-215, and 143-215.107, respectively.
(1951, c. 606;.1957, c. 1267, s. 3; 1959, c. 779, s. 8; 1963, c. 1086; 1967, c. 892, s. 1; 1969, c. 538;
1971, c. 1167, ss. 7, 8; 1973, c. 698, ss. 1-7, 9, 17; c. 712, s. 1; c. 1262, ss. 23, 86; c. 1331, s. 3:
1975, c. 583, ss. 5, 6; c. 655, s. 3; 1977, c. 771, s. 4; 1979, c. 633, ss. 6-8; 1979, 2nd Sess., c. 1158,
ss. 1, 3, 4; 1983, c. 296, ss. 5-8; 1985, c. 551, s. 2; 1987, c. 111, s. 2; c. 767, s. 1; c. 827, ss. 1, 154,
161, 266; 1987 (Reg. Sess., 1988), c. 1035, s. 2; 1989, c. 500, s. 122; c. 652, s. 1; 1991, c. 552, ss. 2,
11; c. 712, s. 2; 1991 (Reg. Sess., 1992), c. 890, s. 16; c. 1039, ss. 14, 20.1; 1993, c. 344, s. 2; c. 400,
ss. l(c), 2, 3, 15; c. 496, s. 4.)
Cross References. -As to powers and duties of the Environmental Management Commission
under the North Carolina Well Construction Act, see§§ 87-83 to 87-96.
As to powers and duties of the commission with regard to water resources, see§ 143-354.
Editor's Note. -Session Laws 1989, c. 652, which amended this section, in s. 15 repealed Session
Laws 1987 (Reg. Sess., 1988), c. 1035, s. 4, which provided that the provisions of the act as they
related to any discharge or release of petroleum from an underground storage tank would apply
-
-·-
&ME
September 11, 1996
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626-0535
Attention:
Reference:
Dear Mr. Hance:
Mr. David Hance
Environmental Specialist
REQUEST TO CONTINUE PURSUING VARIANCE
INCIDENT NO. 8094
Goodwill Industries of the Southern Piedmont, Inc.
2122 Freedom Drive, Charlotte, NC
S&ME Project No. 1354-93-410
S&ME, Inc., on behalf of Goodwill Industries (Goodwill) Inc., hereby informs the North
Carolina Environmental Management Commission that Goodwill desires to continue
pursuing a variance for the subject site, as requested in your September 6, 1996 letter to
S&ME, Inc. If you have any questions, please call me at 704-523-4726.
Sincerely,
S&ME, INC.
9 ~ ? ,.., el,;,
Jrm Ponder, L.G.
Project Geologist
;Jtf}t J----
AI Quarles, L. G.
Assistant Environmental Department Manager
JP/AQ/ss
cc: Mr. Gary Barrett, Goodwill Industries of Southern Piedmont
Mr. Allen Schiff, NCDEHNR Mooresville Regional Office
K:sm'f~1~"$f}'sf2sc,uthern Pine Boulevard, 01orlotte, North Carolina 28273, ~704) 523-4726, FC:lX [phone]
Mailing address: P.O. 13ox 7668, Charlotte, North Carolina 28241-7668
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr .. P.E., Director
.A.VA
DEHNR
CERTIFIED MAIL P 281578542
RETURN RECEIPT RE QUESTED
Mr. James Ponder
S&ME, Inc.
9751 Southern Pines Blvd.
P.O. Box 7668
Charlotte, NC 28241-7668
Dear Mr. Ponder:
Regarding:
September 6, 1996
Proposed Monitoring Requirements by the Mooresville
Regional Office as a Condition for Approval of the
Variance Request For Goodwill Industries of the
Southern Piedmont and the Impact of Senate Bill 131 7
(GW Incident Number # 8094).
You will recall that, on behalf of the Environmental Management Com.mission, the Groundwater
Section held a public hearing on March 1 9, 1996 concerning a proposed variance for the Goodwill
Industries of the Southern Piedmont for property located at 2122 Freedom Drive in Charlotte, North
Carolina. At that hearing it was recommended by the Mooresville Regional Office that an additional
monitoring well be installed south of the Goodwill Industries Building. On April 4, 1996 you sent the
Groundwater Section a letter stating that the installation of that monitoring well is not "feasible". On June
21, 1996 the North Carolina General Assembly enacted Senate Bill 1317 into law that allows for cleanup
activities to be temporary suspended pending adoption of risk assessment rules. Monitoring under cleanup
requirements may be suspended at these sites. On July 24, 1996, you informed the staff that this site is
priority ranked as "E" and in accordance with Senate Bill 1317 is "Class COE". You requested that the
Groundwater Section review the necessity for recommending monitoring requirements to the
Environmental Management Commission as a condition on the approval of the variance request, in light
of the passage of this legislation. During a discussion with David Hance you expressed the view that since
Section 1 (d) of Senate Bill 1317 restricts the Environmental Management Commission from requiring
cleanup and monitoring as a part of a cleanup plan at a Class CDE site, then the law must also extend to
monitoring conditions that would be applied by the Environmental Management Commission to a
Groundwater Section.
P.O. Box 29578. Raleigh. North Carolina 27626-0578
2728 Capital Blvd., Raleigh, North Carolina 27604
N!JC
!fffl&'W®'
1
Voice 919-733-3221 FAX [phone]
An Equal Opportunity/ Affirmative Action Employer
50"/4. recycles/ l O"k post-consumer paper
variance pursuant to 15A NCAC 21.0113 at Class CDE sites.
The staff review of this site shows that it has a priority ranking of "E " according to information
that the Groundwater Section has on file. It is important to note that Senate Bill 1317 specifically
includes cleanups at sites where petroleum has been discharged or released from underground storage
tanks. This law does not specify any new requirements for variances proposed to the environmental
management commission pursuant to 15A NCAC 21.0113. The statutory basis for the Environmental
Management Commission to grant variances is found in North Carolina General Statute (NCGS) 143-
215.3(e). Senate Bill 1317 does not mention this statute nor does it effect any actions taken by the
Environmental Management Commission pursuant to NCGS 143-215.3(e).
In light of these facts, there are three courses of action that the Goodwill Industries of the
Southern Piedmont can take that will result in a corrective action plan that will satisfy the requirements
of 15A NCAC 2L, which are shown as follows:
1) Goodwill Industries of the Southern Piedmont could withdraw the variance and
discontinue cleanup for Groundwater Incident # 8094 until a risk assessment
rule has been established. Senate Bill 1317 requires that by October 1, 1997 the
Environmental Management Commission adopt a rule to implement the
requirements of NCGS 143-215.94V(b). Please note that the deferment of
cleanup requirements is a temporary, not a permanent deferment. It is not known
at this time what requirements will be included in a new risk assessment rule. It
must be further noted that if a risk assessment were conducted at this site and it
showed that conditions are such that the site posses a higher risk than that of a
site ranked Class CDE, this may result in a re-ranking to Class AB status. A
higher ranking at a site may result in the reinstatement of active groundwater
remediation. A risk assessment may also result in the necessity for expanded
monitoring requirements. After a risk assessment rule has been adopted, a new
variance may also be requested only if a new risk based rule allows responsible
parties to obtain variances for releases from petroleum underground storage tanks.
2) Goodwill Industries of the Southern Piedmont could withdraw the variance for
2
Groundwater Incident # 8094 and cleanup the site pursuant to the requirements
of 15A NCAC 2L. It must be noted that SB 131 7 allows, but does not require,
the temporary cessation of remediation activities. Payments for cleanup out of
the state's underground storage tank cleanup funds will cease unless Goodwill
Industries of the Southern Piedmont can meet the criteria outlined in Section
1 (f) of Senate Bill 1317. After a risk assessment rule has been adopted, a new
variance may also be requested only if a new risk based rule allows responsible
parties to obtain variances for releases from petroleum underground storage tanks.
3) Goodwill Industries of the Southern Piedmont could continue to pursue a
variance at this property. If a variance is granted by the Environmental
Management Commission for this site, any conditions upon the variance,
including monitoring, would need to be adhered ·to by the company in order for
a variance to remain legally valid. After a variance is granted the responsible party
may be allowed to conduct a risk assessment under the new rules to determine if
the variance is still necessary. If a risk assessment, shows that the variance or
monitoring requirements placed by the Environmental Management Commission
as conditions for the approval of a variance are no longer needed, then Goodwill
Industries may request that the variance be rescinded.
In order to complete activities shown in either Number 1 or 2 above to support a new variance
request pursuant to 15A NCAC 2L .0113, the most up-to-date site i1:1formation must be submitted with
the information submitted through April 4, 1996. If a risk assessment is conducted pursuant to Senate
Bill 1317 for any of these three scenarios, it must be in accordance with a new rule approved by the
Environmental Management Commission. The most recent site information will need to be submitted in
accordance to the requirements of the rule. At this time no new risk assessment rule has been p ro posed
by the Division of Water Quali ty . If a decision by the Environmental Management Commission
concerning this variance is unacceptable, then Goodwill Industries of the Southern Piedmont may file a
petition for a contested case pursuant to ISA NCAC 2L .Ol 13(h).
3
The Groundwater Section would like to know in writing if Goodwill Industries of the Southern
Piedmont desires to continue pursuing a variance for Groundwater Incident Number 8094 at this time.
The hearing officer for this variance, Ms. Sherri Knight, is in the process of completing the review the
Goodwill Industries request. She has been examining the groundwater monitoring data from April 4,
1996. Upon the completion of the hearing officers report and recommendation, this variance will be sent
to the Environmental Management Commission for review and final action. ff possible, we would like
to receive the response to this letter by September 20, 1996. Please send your response to Mr. David
Hance, P.O. Box 29578, Raleigh, NC 27626-0578 {phone: [phone]; fax [phone]}. If you
have any questions concerning this letter, please feel free to contact myself at [phone] or Mr.
Hance.
AM/dah
cc: Arthur Mouberry
Carl Bailey
Dr. Burtie Boshoff
Mooresville Regional Groundwater Supervisor
Allen Schiff
Sherri Knight
David Hance
Gary Barrett (Goodwill Industries of the Southern Piedmont)
Sincerely,
~~~
Arthur Mouberry, P.E.,
Chief, Groundwater Section
4
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
June 18, 1996
MEMORANDUM
TO: Sherri Knight
FROM: Arthur Mouberry#
SUBJECT: Hearing Officers Evaluation of the Proposed Variance for Goodwill
Industries of the Southern Piedmont (Groundwater Incident Number #
8094) in Light of New Semi-annual Groundwater Monitoring Data.
You will recall that on March 19, 1996 you served as the hearing officer for a public
hearing in Charlotte, North Carolina concerning a variance for the Goodwill Industries of
the Southern Piedmont (Groundwater Incident Number # 8094). On April 17, 1996 the
Goodwill Industries of the Southern Piedmont conducted routine semi-annual groundwater
sampling at monitoring wells and recovery wells at this site. On June 12, 1996 the
company sent this information to the Groundwater Section for review. Prior to completing
your recommendation to the Director of the Division of Environmental Management for this
variance, please include a review of this monitoring data. A hearing officer's
recommendation, which includes a review of the information in the attached report, will
greatly assist the Environmental Management Commission in taking final action on this
variance in accordance with requirements contained in 15A NCAC 2L .0113. A copy of
the attached report was sent to Mr. Allen Schiff in the Mooresville Regional Office and you
may refer any technical questions you have to him. Upon completing your review of all the
information submitted for this variance request, please send the signed hearing officer's
report with your recommendation to David Hance in the Groundwater Section. You may
contact Mr. Hance at [phone]. Thank you for serving as a hearing officer for this
variance request.
Attachments.
cc: Arthur Mouberry
Carl Bailey
David Hance
1
Recycled Paper
June 12, 1996
Division of Environmental Management
Groundwater Section
2728 Capital Boulevard
Raleigh, North Carolina 27604
Attention:
Reference:
Mr. David Hance
FIRST SEMI-ANNUAL SAMPLING EVENT
FOR VARIANCE MONITORING
Goodwill Industries of the Southern Piedmont, Inc.
NCDEHNR Incident No. 8094
2122 Freedom Drive
Charlotte, North Carolina
S&ME Project 1354-93-410
Dear Mr. Hance:
~=)
t-') n,
··-, .::0
-···••:~ /..::-:--·)
~·-··-t • t
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.... :,·;_',::;
; ~
S&ME Inc. (S&ME), on behalf of Goodwill Industries of the Southern Piedmont, Inc.,
submits results for the first semi-annual groundwater sampling event conducted at the
above referenced site on April 17, 1996. The semi-annual sampling was proposed in
S&ME's Submittal of Written Statements for Variance letter, dated April 4, 1996 and
submitted to Division of Environmental Management (Mr. David Hance). Results for the
monitor well sampling event indicate that the relative concentrations of dissolved
hydrocarbons have not changed significantly. No dissolved hydrocarbons were detected
on-site in the down gradient monitoring well (MW-7). The final semi-annual sampling
event is scheduled for November 1996, with subsequent sampling performed annually .
S&ME, Inc. 9751 Southern Pine Boulevard, Charlotte, North Carolina 28273, [phone], Fox [phone]
Moiling address: P.O. Box 7668, Charlotte, North Carolina 28241-7668
'.
Monitoring Wells Sampling Results
Goodwill Industries
Ground Water Flow Direction
S&ME Project 1354-93-410
June 12, 1996
S&ME visited the site on April 17, 1996 and obtained depth to groundwater surface
measurements in shallow monitoring wells MW-1 through MW-7. The site location is
shown in Figure 1 and the monitoring and recovery well locations are shown in Figure
2. Table 1 presents the depth to groundwater measurements and elevation data obtained
in each of the se_ven shallow monitoring wells.
Based on measurements the ground water flow direction in the surficial aquifer is
southeast under a hydraulic gradient of approximately 0.038. These results are
consistent with previous site data. The ground water surface is illustrated in Figure 3.
Ground Water Quality
In accordance with the proposed sampling and analyses (S&ME's letter dated April 4,
1996), S&ME sampled seven shallow monitoring wells (MW-1 through MW-7) on April
17, 1996. S&ME purged these wells and obtained groundwater samples for laboratory
analyses. The groundwater samples were submitted to IEA Laboratories, _in Cary, North
Carolina. The samples were analyzed according to EPA Method 610 (naphthalene) and
EPA Method 602 for purgeable aromatics (BTEX and MTBE). The ground water
analytical results are summarized in Table 2. A copy of the laboratory report is attached.
No dissolved hydrocarbons were detected above the laboratory quantitation limits in
monitoring wells MW-1, MW-2, MW-4, MW-6 and MW-7. Concentrations of toluene (130
ug/L) and total xylenes (77 ug/L) were detected in monitoring well MW-3. These levels
2
Monitoring Wells Sampling Results
Goodwill Industries
S&ME Project 1354-93-410
June 12, 1996
are below the 2L ground water standards for these compounds. Monitoring well MW-5
historically contained the highest levels of dissolved hydrocarbons. This well contained
concentrations of benzene (350 ug/L), ethylbenzene (11 O ug/L), total xylenes (1000 ug/L)
MTBE (380 ug/L) and naphthalene (480 ug/L) on April 17, 1996. The total BTEX level
(1,770 ug/L) detected on April 17, 1996 is less than half the original concentration of
BTEX ( 3,927 ug/L) detected during the assessment work on May 9, 1991. Figures
4 and 5 illustrate BTEX and naphthalene isocontours based on the April 17, 1996
sampling results.
The final semi-annual groundwater sampling event is scheduled for September 1996.
The first annual groundwater sampling for the variance monitoring is scheduled for April
1997 . Results will be forwarded to the NCDEHNR upon receipt of the laboratory report.
3
Date
17-Apr-96
17-Apr-96
17-Apr-96
17-Apr-96
17-Apr-96
17-Apr-96
17-Apr-96
TABLE 1
GOODWILL INDUSTRIES
S&M E JOB NO. 1354-93-410
Groung Water Elevations
Well Top-of-Casing I Depth to
Elevation Water
MW-1 100.11 10.82
MW-2 104.32 12.95
MW-3 98.79 6.10
MW-4 98.60 10.63
MW-5 100.51 12.90
MW-6 98.70 9.13
MW-7 94.65 15.86
ND: Not Detected
k:\ ... \ 1993\93-41 0\wl96. wk1
Corrected* Wate1
Table Elevation
89.29
91.37
92.69
87.97
87.61
89.57
78.79
P:\PERSONAL\JI MP\ 123DAT A \SPREADSH\GOODWI L\GWL0495.wk1 . WK1
TABLE2
BASELINE WATERQUAUlY DATA
(APRIL 1991 & MARCH, SEPTEMBER AND DECEMBER 1994, APRIL 1995)
GOODWILL INDUSTRIES FACIUlY
2122 FAEEDOM DRIVE. CHARLOTTE. N.C.
7 CONCENTRATION (S l WHICH EXCEED NCDEHNR 2L STANDARDS
MONITOR WELL DATE BENZENE ITOLUENE ETHYL-I TOTAL TOTAL I MTBE
I
BASE/NEUTRAL I ,.2-NAP!ITHALENE
BENZENE XYLENES BTEX EXTRACT AB LES Dlan.0ROBl!NZ1!NI!
rTOTALLI:ni
MW-1 518/91 <1 <1 <1 <1 <1 NA <10
3/25194 <1 <1 <1 <1 1 <1 NA
9121/94 4 <1 <1 <1 4 <1 NA
12/09/94 NA NA NA NA NA NA NA
4/13195 <1 <1 <1 <1 <1 <1 <10
4/17/96 <1 <1 <1 <1 <1 <1 NIA
MW-2 518191 <1 <1 <1 <1 <1 NA NA
3/25194 <1 <1 <1 <1 <1 <1 NA
9121/94 <1 <1 <1 <1 <1 <1 <10
12/09/94 NA NA NA NA NA NA <10
4/13/95 <1 <1 <1 <1 <1 <1 <10
4/17196 <1 <1 <1 <1 <1 <1 NA
MW-3 , 518191 a 11 .3 <1 1.9 21 NA 18
3125194 '",C1 <1 <1 <1 <1 <1 24
9121/94 7 <1 <1 <1 7 5 39
12/09/94 <1 <1 <1 <1 <1 <1 24
4/13185 ....... : 4 <1 <1 1 5 2 26
4/17196 <1 130 <1 77 207 <1 NA
OMW-3 518191 .. "1 <1 <1 2.1 3 NA <10
3125194 <1 <1 <1 <1 <1 120 NA
9121/94 ·3 <1 <1 1 4 2 12
12/09/94 <1 <1 <1 <1 <1 <1 <10
4/13195 2 <1 <1 <1 2 <1 <10
MW-4 5/9/91 7 1.6 BQL 3.5 13 1 NA 13
3125194 4 <1 <1 2 6 NA 22
9121/94 11 <1 <1 <1 11 <1 31
12/09/94 <1 <1 <1 <1 <1 <1 27
4/13/95 5 <1 <1 1 5 <1 22 ...
◄117/96 <1 <1 <1 <1 <1 <1 NA
MW-5 519/91 346 851 379 2730 3927 NA 284 -----------3/25194 ------WEU.ORY ~-----
9/21/94 -----------WEU.ORY :::::-: ~===t:::::+::::::::: 12/09194 ------WELL ORY
◄113195 ------WEU.ORY
4/17/96 350 310 110 1000 1770 380 I NA
MW-6 6128/91 <1 2 <1
3/25/94 <1 <1 <1
9121/94 <1 <1 <1
12/0919◄ <1 <1 <1
4/13/95 <1 <1 <1
4/17/98 <1 <1 <1
MW-7 6128191' <1 <1 <1
3/25194 <1 <1 <1
9/21/94 --------NOT SAMPLED
12/09/94 <1 <1 <1
4/13/95 <1 <1 <1
4/17/96 <1 <1 <1
RW-1 3/25194 20 13 4
9/21/94 !53 4 4
12/09/94 14 <1 4
4/13195 10 <1 <1
RW-2 3125194 23 11 3
9121/94 97 <1 <1
12/09/94 23 4 6
4/13/95 17 9 3
RW-3 3/25194 22 10 3
9121/94 ·.32 <1 <1
12/09/94 17 <1 <1
4/13195 15 8 3
RW-4 3125194 .... 9 <1 <1
9121/94 14-<1 <1
12/09/94 .12 <1 <I
4/131515 13 <1 <1
RW-5
I
3/25194 .. 21 7 <I
9121/94 290 <1 <1
12/09/94 71 · 4 <1
4/13/95 200 <1 <1
RW-e 3/25194 2 32 <1
9121/94 63. <1 <1
12/09/94 19 <1 <1
4/13195 ·2e <1 <1
2LS rANOARO 1 1000 29
NOTES .
• ALL CONCENTRATIONS IN GROUNOWATER ARE IN UG/L
•BQL = BELOW QUANTITATION LIMITS
• NA = NOT ANALYZED
<1 <1 NA
<1 <1 <1
<1 <1 <1
<1 <1 <1
1 <1 <1
<1 <1 <1
<1 <1 NA
<1 <1 <1
<1 <1
<1 <11 <1
<1 <1 <1
23 ?,j 12
3 4
3 2 ,, 21 <1
19 56 8
<1 97 <1
3 36 5
18 46 <1
:!() ~I 8
<I 6
<1 <1
13 2
<1 ,:1 <1
<1 <1
<1 12 <1
<1 13 <1
20
3:1
<1
39 <1
18 6
45 2 45 I 8
4 38 8
12 75 2
<1 19 <1
6 34 2
530 NIA ' 70 1
• ANALYSES PERFORMS)= METHQOS 602 (BTEX , MT8 E ANO IPE), METHOD 510 (NAPHTHALENE),
METHOD 625 (BASE/NEUTRAL EXTRACTABI.ES)
g:\shared\projecl\1993\93-410\goodwal6.wk1
<10
NA
<10
NA
<10
NA
<10
NA
<10
<10
NA
15
40
<10
<10
15
36
<10
<10
18
17
13
<10
40
40
26
23
590
17
84
45
NA
12
10
<10
NIA
<10 <10
<10 NA
<10 NA
NA NA
<10 <10
<1 <10
<10 <10
<10 NA
<10 <10
<10 <10
<10 <10
<1 <10
... 24 <10 0
<10 <1 0 : 38 <10
.24 <10
. ,:l!B <10
<1 <10
<10 <10
<10 NA
.·24 <10
<10 <10
<10 <10
·.· · ::24 <10
:· .. ·'tfl NA
311 <10
·.32 <10
.. .:22 · <10
<1 <10
··54 <10 ---------------------------------------------------------
<;i .◄80
<10 <10
<10 NA
<10 <10
<10 NA
<10 <10
<1 <10
<10 <10
<10 NA ----------------
<10 <10
<10 <10
<1 <10
<10 15
<10 12
<10 <10
<10 <10
<10 NA
<10 16
<10 <10
<10 <10
<10 <10
·u NA
.14 <10
<10 <10
:40 <10 .. 26 <10
35 <10
23 <10
<10 <10
28 <10
·14 82
16 29
<10 NA
... 18 <10
10 <10
<10 <10
N/A 21
Recycled Paper
E
April 4, 1996
f".:.J t.O rq
Oi ::;
;t::,,o
-0
Division of Environmental Management
P.O. Box 29535
::0
Raleigh, NC 27626-0535
Attention:
Reference:
Dear Mr. Hance:
'Mr. David Hance
Environmental Specialist
SUBMITTAL OF WRITTEN STATEMENTS FOR VARIANCE
Proposed Groundwater Monitoring Plan
INCIDENT NO. 8094
Goodwill Industries of the Southern Piedmont, Inc.
2122 Freedom Drive, Charlotte, NC
S&ME Project No. 1354-93-41 O
S&ME, Inc., on behalf of Goodwill Industries (Goodwill) Inc., submits this letter, proposing
a groundwater quality monitoring plan to be considered with the proposed variance request
for the above referenced site. S&ME proposes to collect groundwater samples from 7
wells (MW-1 through MW-7) and water levels in all wells semiannually for one year and
annually thereafter. The semi-annual sampling events will be performed during April 1996
and September 1996 to potentially coincide with the seasonal high and low groundwater
levels and the annual events will be scheduled during the seasonal high groundwater
levels. Additionally, we suggest that the laboratory analyses be limited to those
compounds that have consistently been detected in the monitoring wells, using EPA
Methods 602 (BTEX) plus MTBE and 610 for naphthalene.
S&ME, Inc. 9751 Southern Pine Boulevard, Charlotte, North Carolina 28273, [phone], Fax [phone]
Mailing address: P.O. Box 7668, Charlotte, North Carolina 28241-7668
The written comment period for this variance will close a! 12:00 PM (midnight) on
April 19, 1996. I am requiring you to complete the hearing· officers report and the
recommendation to the Environmental Management Commission Groundwater
Committee by July 18, 1996. This period of time is ninety (90) days after the closing date
for written public comment and allows Division staff adequate time to review your
recommendation. Unless significant new site information becomes available after the
public hearing or other extraordinary circumstances occur that dictate a longer review
period by the hearing officer, the earliest date that this variance may be considered by the
Groundwater Committee is September 11, 1996. If your review of the variance shows that
there is a need for a longer evaluation period, please contact Arthur Mouberry at (919)
715-6170.
I appreciate your taking the time to conduct this hearing. The staff will be ·glad to
assist you through the proceedings. If you have any questions, feel free to call Carl Bailey
at [phone].
Attachments.
cc: Arthur Mouberry
Carl Bailey
David Hance
2
Public Hearing-Variance Request
Variance to 15A NCAC 2L .0202 and 15A NCAC 2L .0106(j)_
Goodwill Industries of the Southern Pfodmont, Charlotte, North Carolina
HEARING LOCATED AT:
Mecklenburg County Courthouse
Criminal Courts Building -Courtroom 2201
700 East Fourth Street -(at 7:00 PM)
HEARING OFFICER 1S SPEECH
HEARING OFFICER: Sherri Knight, Division of Environmental Management,
Regional Groundwater Supervisor (Winston-Salem Regional
Office)
~-~¥f:@~Fli¥:i~:¥. GOOD EVENING, I WOULD LIKE TO CALL THIS
PUBLIC HEARING TO ORDER. MY NAME IS SHERRI KNIGHT, AND I AM
THE DIVISION OF ENVIRONMENTAL MANAGEMENT'S REGIONAL
GROUNDWATER SUPERVISOR IN THE WINSTON-SALEM REGIONAL
OFFICE. I HAVE BEEN DESIGNATED HEARING OFFICER FOR THIS
EVENING'S HEARING.
THIS HEARING IS BEING HELD PURSUANT TO NORTH CAROLINA
GENERAL STATUTE 150B-21.2. IN ACCORDANCE WITH THE GENERAL
STATUTES, A PUBLIC NOTICE OF THIS HEARING WAS PUBLISHED IN
CONFORMITY WITH 15A NCAC 2L .0113 OF THE GROUNDWATER RULES
1
AND GENERAL NOTICE HAS BEEN GIVEN IN LOCAL PAPERS ACCORDING
TO PROCEDURES IN ISA NCAC 2L .0113(e)(l). NOTICES WERE ALSO
DISTRIBUTED TO THE PUBLIC AT LARGE, LOCAL GOVERNMENT
OFFICIALS, AND PROPERTY HOLDERS WITHIN AND NEAR THE AREA OF
THE PROPOSED VARIAN CE.
THE PURPOSE OF THIS HEARING IS TO OBTAIN PUBLIC COMMENT
AND PARTICIPATION IN THE CONSIDERATION OF THE VARIANCE
REQUEST FOR THE GOODWILL INDUSTRIES OF THE SOUTHERN
PIEDMONT, INCORPORATED OF CHARLOTTE, NC. THE GOODWILL
INDUSTRIES IS REQUESTING THIS VARIANCE FROM RULES CONTAINED IN
15A NCAC 2L GROUNDWATER CLASSIFICATION AND STANDARDS FOR
THE PROPERTY LOCATED AT 2122 FREEDOM DRIVE. THIS PROPOSED
VARIAN CE WILL APPLY ONLY . TO AN AREA CONSISTING OF THIS
PROPERTY OWNED BY GOODWILL INDUSTRIES OF THE SOUTHERN
PIEDMONT. GOODWILL INDUSTRIES ESTIMATES THE TOTAL AREA OF
LAND FOR WHICH THIS VARIANCE IS REQUESTED IS APPROXIMATELY
2.98 ACRES. IN THE SUPPORTING INFORMATION SUBMITTED IN THIS
VARIANCE REQUEST, GOODWILL INDUSTRIES INFORMED THE DIVISION
THAT THIS SITE IS LOCATED WITHIN AN AREA CONTAINING A MIXTURE
OF COMMERCIAL, INDUSTRIAL AND RESIDENTIAL PROPERTIES.
2
THE .APPLICANT PROPOSES TO ALLOW THOSE CONCENTRATIONS OF
BENZENE, TOLUENE, ETHYLBENZENE AND XYLENES, DIMETHYL
PHTHALATE, AND 1,2-DICHLOROBENZENE TO REMAIN AT LEVELS AS
FOUND DURING THE APRIL 13, 1995 GROUNDWATER AffALYSIS, WITHIN
THE BOUNDARIES OF THE AREA PROPOSED FOR THE VARIANCE.
GOODWILL INDUSTRIES OF THE SOUTHERN PIEDMONT ALSO PROPOSES
THAT CORRECTIVE ACTIONS REQUIRING THE APPLICATION OF BEST
AVAILABLE TECHNOLOGY IN 15A NCAC 2L .0106 (j) NOT BE APPLIED TO
THE AREA WITHIN THE BOUNDARIES OF THE PROPOSED VARIANCE.
GOODWILL INDUSTRIES REPORTED THAT A TOTAL OF $ 371,896 HAS BEEN
EXPENDED TO CLEANUP THIS SITE. THIS TOTAL COST INCLUDES
APPROXIMATELY $294,774 THAT WAS INCURRED FROM THE STATE
UNDERGROUND STORAGE TANK TRUST FUND FOR CLEANUP. GOODWILL
INDUSTRIES OF THE SOUTHERN PIEDMONT HAS SUBMITTED SUPPORTING
INFORMATION DEMONSTRATING THAT THE CONTINUED APPLICATION OF
BEST AVAILABLE TECHNOLOGY WILL NOT RESULT IN SIGNIFICANT
LONG TERM REMEDIATION OF THE SITE TO THE GROUNDWATER
QUALITY STANDARDS IN 15A NCAC 2L .0202. THE COMPANY BELIEVES
THAT APPLICATION OF BEST AVAILABLE TECHNOLOGY AT THIS
LOCATION IS A SERIOUS FINANCIAL IMPACT WITHOUT EQUAL OR
GREATER PUBLIC BENEFIT.
3
TIDS HEARING WILL CONFORM TO PROCEDURES IN 15A NCAC 2L
.0113. ADDITIONAL COPIES OF THE NOTICE OF VARIANCE APPLICATION
AND HEARING ARE LOCATED IN THIS BUILDING AND ARE AVAILABLE
FOR PUBLIC REVIEW.
A WRITTEN RECORD OF TIDS HEARING WILL BE PREPARED WHICH
WILL INCLUDE ALL THE RELEVANT COMMENTS, QUESTIONS, AND
DISCUSSIONS. FOR TIDS REASON, THE HEARING IS BEING TAPE
RECORDED. WRITTEN COMMENTS RECEIVED THROUGH APRIL 19, 1996
WILL ALSO BE INCLUDED IN THE RECORD. BASED ON THESE PUBLIC
COMMENTS AND ON ANALYSIS BY THE GROUNDWATER STAFF, I WILL
MAKE A RECOMMENDATION TO THE ENVIRONMENTAL MANAGEMENT
COMMISSION. IN MAKING THE FINAL DECISION, THE ENVIRONMENTAL
MANAGEMENT COMMISSION CONSIDERS . THE WRITTEN RECORD, THE
RECOMMENDATION OF THE HEARING OFFICER, THE RECOMMENDATIONS
OF DIVISION STAFF, AND THE CONCERNS OF ITS MEMBERS. THE
COMMISSION MUST ALSO CONSIDER WHETHER THE APPLICANT HAS
COMPLIED WITH 15A NCAC 2L .0113(g).
IF THE APPLICANT DECIDES THAT THE COMMISSION'S DECISION IS
UNACCEPTABLE, A PETITION MAY BE FILED ACCORDING TO
4
PROCEDURES IN 15A NCAC 2L .Ol 13(h). THE DECISION ON THE VARIAN CE
BY THE ENVIRONMENTAL MANAGEMENT COMMISSION IS FINAL AND
.·
BINDING ACCORDING TO THE CONDITIONS SHOWN IN 15A NCAC 2L
.0113(h).
AT THIS TIME I WOULD LIKE TO RECOGNIZE (names of local and state
officials) AND THANK YOU FOR ATTENDING THIS HEARING. I WOULD ALSO
LIKE TO RECOGNIZE THE FOLLOWING PEOPLE FROM THE DMSION OF
ENVIRONMENTAL MANAGEMENT (DEM central office and DEM regional office
personnel).
MR.(staffspeaker) OF THE DMSION OF ENVIRONMENTAL MANAGEMENT-
GROUNDWATER SECTION'S MOORESVILLE REGIONAL OFFICE WILL NOW
SUMMARIZE THE PROPOSED VARIAN CE WHICH IS THE SUBJECT OF THIS
HEARING.
STAFF SPEAKER: (staff speaker summarizes variance request).
fflMffi$t~:;Jg~~~);ffl#: THANK YOU. WE WILL NOW ACCEPT PUBLIC
COMMENT ON THE PROPOSED VARIANCE. I WOULD LIKE TO REQUEST
THAT EVERYONE FILL OUT A REGISTRATION FORM. AFTER ALL
REGISTERED SPEAKERS HAVE HAD AN OPPORTUNITY TO COMMENT, 1
5
·-
Wil..L ALLOW ADDITIONAL SPEAKERS AS ·TIME PERMITS. WHEN YOUR
NAME IS CALLED, PLEASE COME UP TO THE MICROPHONE AND STATE
·r
YOUR NAME AND AFFILIATION. ALL COMMENTS SHOULD BE LIMITED
TO MATTERS THAT ARE RELATIVE TO THE PROPOSED ADOPTION OF THIS
VARIANCE. IF YOUR COMMENTS ARE LONGER THAN THREE MINUTES, I
WOULD LIKE TO REQUEST THAT THEY BE SUBMITTED IN WRITING. I
RESERVE THE RIGHT TO QUESTION SPEAKERS IF THE NEED SHOULD
ARISE.
DIVISION OF ENVIRONMENTAL MANAGEMENT STAFF Wil..L BE
AVAILABLE TO ANSWER YOUR QUESTIONS IF NECESSARY . I WOULD
NOW LIKE TO CALL [first speaker].
[speakers ..• ]
(the hearing officer, referring to THE REGISTRATION CARDS, calls each speaker to the
microphone in turn )
~-!fflffl:::fflffll¥p!:~ THANK YOU [last speaker]. ARE THERE ANY MORE
COMMENTS? SINCE THERE ARE NO MORE COMMENTS, I DECLARE THE
HEARING CLOSED. THE HEARING RECORD WILL REMAIN OPEN UNTIL
12:00 PM (MIDNIGHT) ON APRIL 19, 1996. ANYONE WISHING TO SUBMIT
WRITTEN COMMENTS MAY DO SO UNTIL THAT DATE. AFTER WHICH
6
• TIME, THE COMMENTS WILL BE MADE PART OF THE PUBLIC RECORD
AND I SHALL MAKE RECOMMENDATIONS TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION. WRITTEN COMMENTS MUST BE
ADDRESSED TO DAVID HANCE AT THE DIVISION OF ENVIRONMENTAL
MANAGEMENT GROUNDWATER SECTION. THE ADDRESS WRITTEN
COMMENTS NEED TO BE SENT TO IS SHOWN IN THE PUBLIC NOTICE AND
IS AS FOLLOWS:
David Hance
EHNR-DEM-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
A FACSIMILE COPY OF WRITTEN COMMENTS MAY BE SENT TO MR.
HANCE BY DIALING [phone]. HIS TELEPHONE NUMBER IN RALEIGH
IS [phone] .
IT IS THE DESIRE OF THE COMMISSION TO ALWAYS ACT IN THE BEST
POSSIBLE INTEREST OF THE PUBLIC. THEREFORE, PUBLIC
PARTICIPATION IS A VERY IMPORTANT PART OF THE RULE-MAKING
PROCESS. I WOULD LIKE TO THANK YOU FOR ATTENDING THE
HEARING AND OFFERING YOUR COMMENTS.
7
.. DIRECTIONS TO VARIANCE
HEARING FOR THE GOODWILL
INDUSTRIES OF THE SOUTHERN .-.r
PIEDMONT
HEARING LOCATED AT:
Mecklenburg County Courthouse -Criminal Courts Building
2nd Floor, Courtroom 2201, 700 East Fourth Street, Charlotte, NC
March 19, 199~ at 7:00 PM
MOORESVILLE REGIONAL OFFICE STAFF PRESENTER:
Allen Schiff [phone];/ax -[phone]
RALEIGH GROUNDWATER SECTION STAFF RECORDER:
David Hance [phone] or 733-3221;
fax -[phone]
HEARING OFFICER -SHERRI KNIGHT [phone]
Contact Person at the Courthouse -Capt. Deaton [phone]
FROM WINSTON-SALEM, NC:
Take US 52 in Winston-Salem to NC 8 and then go onto I-85 South and head
toward Charlotte, NC. Take NC 16 (Brookshire Freeway) into downtown
Charlotte. NC 16 will become I-277. Take I-277 to S. Graham Street and then go
ont~ East Trade Street. The Criminal Courthouse is the building adjacent to the
Government Center. NOTE: East Fourth Street is a one way street going east to
west. East Third Street is a one way street going west to east.
FROM RALEIGH, NC:
Take I-85 into Charlotte and exit onto NC 16 (Brookshire Freeway). NC 16 will
become I-277. Take 1-277 to S. Graham Street and then go onto East Trade
Street. The Criminal Courthouse is the building adjacent to the Government
Center. NOTE: East Fourth Street is a one way street going east to west. East
Third Street is a one way street going west to east.
(MAPS ARE ATTACHED)
NOTE: 04/02/96
TO:
SUBJECT:
Sherri Knight,
EXAMPLES OF HEARING OFFICERS REPORTS TO ASSIST YOU IN MAKING A
RECOMMENDATION FOR THE PROPOSED VARIAN CE FOR THE GOODWILL
INDUSTRIES OF THE SOUTHERN PIEDMONT .
. You will recall that at the public hearing held on May 19, 1996 1n Charlotte, NC we
brtefly discussed the healing officers report for the variance request by Goodwill Industrtes of
the Southern Piedmont. Attached are two hearing officer's reports that have been approved
by the Environmental Management Commission. One report is for a wastewater treatment
facility for the Town of Yaupon Beach and the other is for the Amoco T-Mart gasoline station
in Benson, NC. It is hoped these reports will serve as examples and assist you in formatting,
drafting, and finalizlng a hearing officer's recommendation & report for the Goodwill
Industries variance request.
As of this date I have received no written comments from the pq,bllc regarding this
variance request. The fmal date in the public notice to send comments is April 19, 1996. If
you need additional information or assistance, please feel free to contact me at [phone].
David Hance
cc: Carl Bailey
ic Hearing Registration Form
(Legibly print, please!)
Hearing &oodw,I I T ndvs-fr,e.s Dote 3-I 9-'JG.
Please furnish the Information requested below and Indicate whether you wish to be heard during this
public hearing. This Information Is necessary In order that you be given an opportunity to speak and so
that your name and affiliation will be correctly entered In the hearing record.
Name .::r; h1 d r1ole.,,... Title ---"'~---=.;ol◄"-'-e-'-,d..+'~s_-f _____ _
Employer/Representing __ S_,_Y\'\_£_,_,_-_E_~_c._. __ (;;_?C:>c>"-=-'=c)_v..1...,c.·,'-,....:...\_,----'-~-'-Ol_>-)~~--•~---1-_____ _
Mailing Address __ q_7_s_t_~S'"-OJ--'-\-_\-.__CL:_--r-_v. __ ~---'--''"-n_· r<....._------'~=--\"-"-'d=--------------
City and State C .. J.I\Alf'\t>\\~"' Ne . Zip Code 2 ~ Z.Z3
~ ~
_ · ✓ Do you wish to be heard? If your presentation will exceed three minutes, please submit
three copies of your statement to the hearing clerk along with this registration form.
✓ --Do you wish to receive a copy of regulations, If any, resulting from this hearing?
Division of Environmental Management.
North Carolina Department of Environment. Health, and Natural Resources
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
MEMORANDUM
March 14, 1996
TO:
FROM:
SUBJECT:
Sherri Knight J
Preston Howard fa
Designation as Hearing Officer
AVA
D .EHNR
I am hereby designating you as Hearing Officer for a public hearing concerning a
variance request from the requirements of 1 SA NCAC 2L .0202 and 15A NCAC 2L .0106
U). The hearing concerns a variance for an area of petroleum contamination on property
owned by Goodwill Industries of the Southern Piedmont. The person requesting this
variance is the Goodwill Industries of the Southern Piedmont in Charlotte, North Carolina.
The hearing schedule is as follows:
CHARLOTTE, NORTH CAROLINA
March 19, 1996
7:00 PM
Mecklenburg County Courthouse -Criminal Courts Building
Second Floor-Courtroom 2201
700 East Fourth Street
Included with this memorandum is an information packet which contains the Hearing
Officer's speech and directions to the hearing location. Please be advised staff have not
made arrangements for your overnight stay.
1
Groundwater Section, NIii"' Voice 919-733-3221 FAX [phone]
P.O. B~x 29578, Raleigh, North Carolina 27626-0578 ,-,., '-1 An Equal Opportunity/Affirmative Action Employer
2728 Capital Blvd., Raleigh, North Carolina 27604 50"/o recycled/10"/o post-consumer paper
The written comment period for this variance will close a! 12:00 PM (midnight) on
April 19, 1996. I am requiring you to complete the hearing· officers report and the
recommendation to the Environmental Management Commission Groundwater
Committee by July 18, 1996. This period of time is ninety (90) days after the closing date
for· written public comment and allows Division staff adequate time to review your
recommendation. Unless significant new site information becomes available after the
public hearing or other extraordinary circumstances occur that dictate a longer review
period by the hearing officer, the earliest date that this variance may be considered by the
Groundwater Committee is September 11, 1996. If your review of the variance shows that
there is a need for a longer evaluation period, please contact Arthur Mouberry at (919)
715-6170.
I appreciate your taking the time to conduct this hearing. The staff will be ·glad to
assist you through the proceedings. If you have any questions, feel free to call Carl Bailey
at [phone].
Attachments.
cc: Arthur Mouberry
Carl Bailey
David Hance
2
Public Hearing-Variance Request
Variance to 15A NCAC 2L .0202 and 15A NCAC 2L .0106U)_
Goodwill Industries of the Southern Piedmont, Charlotte, North Carolina
HEARING LOCATED AT:
Mecklenburg County Courthouse
Criminal Courts Building -Courtroom 2201
700 East Fourth Street -(at 7:00 PM)
HEARING OFFICER'S SPEECH
HEARING OFFICER: Sherri Knight, Division of Environmental Management,
Regional Groundwater Supervisor (Winston-Salem Regional
Office)
"ffffl~'1J:J1,--~§!tj GOOD EVENING, I WOULD LIKE TO CALL THIS
PUBLIC HEARING TO ORDER. MY NAME IS SHERRI KNIGHT, AND I AM
THE DIVISION OF ENVIRONMENTAL MANAGEMENT'S REGIONAL
GROUNDWATER SUPERVISOR IN THE WINSTON-SALEM REGIONAL
OFFICE. I HAVE BEEN DESIGNATED HEARING OFFICER FOR THIS
EVENING'S HEARING.
THIS HEARING IS BEING HELD PURSUANT TO NORTH CAROLINA
GENERAL STATUTE 150B-21.2. IN ACCORDANCE WITH THE GENERAL
STATUTES, A PUBLIC NOTICE OF THIS HEARING WAS PUBLISHED IN
CONFORMITY WITH 15A NCAC 2L .0113 OF THE GROUNDWATER RULES
1
.
'.
AND GENERAL NOTICE HAS BEEN GIVEN IN LOCAL PAPERS ACCORDING
TO PROCEDURES IN 15A NCAC 2L .0113(e)(l). NOTICES WERE ALSO
DISTRIBUTED TO THE PUBLIC AT LARGE, LOCAL GOVERNMENT
OFFICIALS, AND PROPERTY HOLDERS WITHIN AND NEAR THE AREA OF
THE PROPOSED VARIAN CE.
THE PURPOSE OF THIS HEARING IS TO OBTAIN PUBLIC COMMENT
AND PARTICIPATION IN THE CONSIDERATION OF THE VARIANCE
REQUEST FOR THE GOODWILL INDUSTRIES OF THE SOUTHERN
PIEDMONT, INCORPORATED OF CHARLOTTE, NC. THE GOODWILL
INDUSTRIES IS REQUESTING THIS VARIANCE FROM RULES CONTAINED IN
15A NCAC 2L GROUNDWATER CLASSIFICATION AND STANDARDS FOR
THE PROPERTY LOCATED AT 2122 FREEDOM DRIVE. THIS PROPOSED
VARIANCE WILL APPLY ONLY TO AN AREA CONSISTING OF THIS
PROPERTY OWNED BY GOODWILL INDUSTRIES OF THE SOUTHERN
PIEDMONT. GOODWILL INDUSTRIES ESTIMATES THE TOTAL AREA OF
LAND FOR WHICH THIS VARIANCE IS REQUESTED IS APPROXIMATELY
2.98 ACRES. IN THE SUPPORTING INFORMATION SUBMITTED IN THIS
VARIAN CE REQUEST, GOODWILL INDUSTRIES INFORMED THE DIVISION
THAT THIS SITE IS LOCATED WITHIN AN AREA CONTAINING A MIXTURE
OF COMMERCIAL, INDUSTRIAL AND RESIDENTIAL PROPERTIES.
2
. . .
THE APPLICANT PROPOSES TO ALLOW THOSE CONCENTRATIONS OF
BENZENE, TOLUENE, ETHYLBENZENE AND XYLENES, DIMETHYL
PHTHALATE, AND 1,2-DICHLOROBENZENE TO .REMAIN AT LEVELS AS
FOUND DURING THE APRIL 13, 1995 GROUNDWATER ANALYSIS, WITHIN
THE BOUNDARIES OF THE AREA PROPOSED FOR THE VARIANCE.
GOODWILL INDUSTRIES OF THE SOUTHERN PIEDMONT ALSO PROPOSES
THAT CORRECTIVE ACTIONS REQUIRING THE APPLICATION OF BEST
AVAILABLE; TECHNOLOGY IN 15A NCAC 2L .0106 (j) NOT BE APPLIED TO
THE AREA WITHIN THE BOUNDARIES OF THE PROPOSED VARIANCE.
GOODWILL INDUSTRIES REPORTED THAT A TOTAL OF $ 371,896 HAS BEEN
EXPENDED TO CLEANUP THIS SITE. THIS TOTAL COST INCLUDES
APPROXIMATELY $294,774 THAT WAS INCURRED FROM THE STATE
UNDERGROUND STORAGE TANK TRUST FUND FOR CLEANUP. GOODWILL
INDUSTRIES OF THE SOUTHERN PIEDMONT HAS SUBMITTED SUPPORTING
INFORMATION DEMONSTRATING THAT THE CONTINUED APPLICATION OF
BEST AVAILABLE TECHNOLOGY WILL NOT RESULT IN SIGNIFICANT
LONG TERM REMEDIATION OF THE SITE TO THE GROUNDWATER
QUALITY STANDARDS IN 15A NCAC 2L .0202. THE COMPANY BELIEVES
THAT APPLICATION OF BEST AVAILABLE TECHNOLOGY AT THIS
LOCATION IS A SERIOUS FINANCIAL IMPACT WITHOUT EQUAL OR
GREATER PUBLIC BENEFIT.
3
. ~-
THIS HEARING WILL CONFORM TO PROCEDURES IN 15A NCAC 2L
.0113. ADDITIONAL COPIES OF THE NOTICE OF VARIANCE APPLICATION
AND HEARING ARE LOCATED IN THIS BUILDING AND ARE AVAILABLE
FOR PUBLIC REVIEW.
A WRITTEN RECORD OF THIS HEARING WILLB_E PREPARED WHICH
WILL INCLUDE ALL THE RELEVANT COMMENTS, QUESTIONS, AND
DISCUSSIONS. FOR THIS REASON, THE HEARING IS BEING TAPE
RECORDED. WRITTEN COMMENTS RECEIVED THROUGH APRIL 19, 1996
WILL ALSO BE INCLUDED IN THE RECORD. BASED ON THESE PUBLIC
COMMENTS AND ON ANALYSIS BY THE GROUNDWATER STAFF, I WILL
MAKE A RECOMMENDATION TO THE ENVIRONMENTAL MANAGEMENT
COMMISSION. IN MAKING THE FINAL DECISION, THE ENVIRONMENTAL
MANAGEMENT COMMISSION CONSIDERS THE WRITTEN RECORD, THE
RECOMMENDATION OF THE HEARING OFFICER, THE RECOMMENDATIONS
OF DIVISION STAFF, AND THE CONCERNS OF ITS MEMBERS. . THE
COMMISSION MUST ALSO CONSIDER WHETHER THE APPLICANT HAS
COMPLIED WITH 15A NCAC 2L .Ol 13(g).
IF THE APPLICANT DECIDES THAT THE COMMISSION'S DECISION IS
UNACCEPTABLE, A PETITION MAY BE FILED ACCORDING TO
4
PROCEDURES IN 15A NCAC 2L .0113(h). IBE DECISION ON IBE VARIANCE
BY THE ENVIRONMENTAL MANAGEMENT COMMISSION IS FINAL AND
i
BINDING ACCORDING TO THE CONDITIONS SHO~ IN 15A NCAC 2L
.0113(h).
AT THIS TIME I WOULD LIKE TO RECOGNIZE (names of local and state
officials) AND THANK YOU FOR ATTENDING THIS HEARING. I WOULD ALSO
LIKE TO RECOGNIZE THE FOLLOWING PEOPLE FROM THE DIVISION OF
ENVIRONMENTAL MANAGEMENT (DEM central office and DEM regional .office
personnel).
MR.(staffspeaker) OF THE DIVISION OF ENVIRONMENTAL MANAGEMENT-
GROUNDWATER SECTION'S MOORESVILLE REGIONAL OFFICE WILL NOW
SUMMARIZE THE PROPOSED VARIANCE WHICH IS THE SUBJECT OF THIS
HEARING.
STAFF SPEAKER: (staff speaker summarizes variance request).
!-g::~::-: THANK YOU. WE WILL NOW ACCEPT PUBLIC
COMMENT ON THE PROPOSED VARIANCE. I WOULD LIKE TO REQUEST
THAT EVERYONE FILL OUT A REGISTRATION FORM. AFTER ALL
REGISTERED SPEAKERS HAVE HAD AN OPPORTUNITY TO COMMENT, I
5
·-
WILL ALLOW ADDITIONAL SPEAKERS AS TIME PERMITS. WHEN YOUR
NAME IS CALLED, PLEASE COME UP TO THE MICROPHONE AND STATE
YOUR NAME AND AFFILIATION. ALL COMMENTS SHOULD BE LIMITED
TO MATTERS THAT ARE RELATIVE TO THE PROPOSED ADOPTION OF THIS
VARIAN CE. IF YOUR COMMENTS ARE LONGER THAN THREE MINUTES, I
WOULD LIKE TO REQUEST THAT THEY BE SUBMITTED IN WRITING. I
RESERVE THE RIGHT TO QUESTION SPEAKERS IF THE NEED SHOULD
ARISE.
DIVISION OF ENVIRONMENTAL MANAGEMENT STAFF WILL BE
AVAILABLE TO ANSWER YOUR QUESTIONS IF NECESSARY . I WOULD
NOW LIKE TO CALL [first speaker].
[speakers ... ]
(the hearing officer, referring to THE REGISTRATION CARDS, calls each speaker to the
microphone in turn )
COMMENTS? SINCE THERE ARE NO MORE COMMENTS, I DECLARE THE
HEARING CLOSED. THE HEARING RECORD WILL REMAIN OPEN UNTIL
12:00 PM (MIDNIGHT) ON APRIL 19, 1996. ANYONE WISHING TO SUBMIT
WRITTEN COMMENTS MAY DO SO UNTIL THAT DATE. AFTER WHICH
6
TIME, THE COMMENTS WILL BE MADE PART OF THE PUBLIC RECORD
AND I SHALL MAKE RECOMMENDATIONS TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION. WRITTEN COMMENTS MUST BE
ADDRESSED TO DAVID HANCE AT THE DIVISION OF ENVIRONMENTAL
MANAGEMENT GROUNDWATER SECTION. THE ADDRESS WRITTEN
COMMENTS NEED TO BE SENT TO IS SHOWN IN THE PUBLIC NOTICE AND
IS AS FOLLOWS:
David Hance
EHNR-DEM-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
A FACSIMILE COPY OF WRITTEN COMMENTS MAY BE SENT TO MR.
HANCE BY DIALING [phone]. HIS TELEPHONE NUMBER IN RALEIGH
IS [phone].
IT IS THE DESIRE OF THE COMMISSION TO ALWAYS ACT IN THE BEST
POSSIBLE INTEREST OF THE PUBLIC. THEREFORE, PUBLIC
PARTICIPATION IS A VERY IMPORTANT PART OF THE RULE-MAKING
PROCESS. I WOULD LIKE TO THANK YOU FOR ATTENDING THE
HEARING AND OFFERING YOUR COMMENTS.
7
'\
1-"NOTICE OF VARIANCE APPLICATION AND HEARING
DEPARTMENT OF ENVIRONJvfENT, HEALTH AND NATURAL
. RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Notice is hereby given of a variance application and public hearing to be held by the Department
of Environment, Health and Natural Resources on behalf of the Environmental Management Commission.
The hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L
.0202 and the Corrective Action requirements of 15A NCAC 2L .0106 (j) for Goodwill Industries of the
Southern Piedmont, Inc. The variance application from Goodwill Industries was received for review by
the Department on July 28, 1995.
The property where the release of petroleum product has occurred is located as follows: Enter the
City of Charlotte from Interstate 85 and take Freedom Drive (US 27) toward downtown. Go 3/4 of a mile.
Goodwill Industries is located at the comer of Berryhill Road and Freedom Drive. The street address for
this property is 2122 Freedom Drive.
Goodwill Industries requests that the Environmental Management Commission grant the following
variance to it's rules under the authority of 15A NCAC 2L .0113 so that it does the following:
(1) Allow concentrations of Benzene, Toluene, Ethylbenzene, Xylene (-o,-m, and p ), Naphthalene,
Methyl Tert-Butyl Ether (MTBE), Dimethyl Phthalate, and 1,2-Dichlorobenzene to remain at levels
above 15A NCAC 2L .0202 standards as analyzed on April 13, 1995. These concentrations will
be required to remain within the property boundaries of the Goodwill Industries of the Southern
Piedmont.
The Goodwill Industries site consists of approximately 2.98 acres ofland. Approximately one-
half of the land area is covered by the building that houses Goodwill Industries. Goodwill
Industries of the Southern Piedmont is located within an area with a mixture of commercial,
industrial, and residential development. On November 21, 1991 Goodwill Industries removed a
2,000 gallon underground storage tank containing diesel fuel that was located at the northwest
comer of the building. The tank closure investigation revealed that the tank had leaked it's contents
into surrounding soil. In August 1991 a Comprehensive Site Assessment was completed and
revealed a plume of groundwater contamination beneath the building and parking lot of this
property. The area of the plume was estimated to be approximately 60,000 square feet. Goodwill
Industries submitted a Corrective Action Plan to address soil contamination on April 15, 1992
which was approved and implemented on September 6, 1992. Goodwill Industries later submitted
a separate Corrective Action Plan was submitted to the Division on July 2, 1992 to cleanup
groundwater. The plan called for the implementation of a pump-and-treat groundwater cleanup
system. The Corrective Action Plan was approved by the Division on October 22, 1992.
Beginning in May 1991 the Division of Environmental Management required Goodwill
Industries to perform groundwater monitoring to determine the vertical and lateral extent of
contamination at the site and to determine the effectiveness of groundwater cleanup. Monitoring
wells at this site have shown insignificant reductions in Benzene as a result of using . pump-and
treat technology. Groundwater sampling has also been conducted at recovery wells used as sumps
to collect groundwater, free product, and dissolved hydrocarbons. Although concentrations of
substances appear to be decreasing in recovery wells, significant reductions. in the concentrations
1
of Naphthalene and Benzene have not been observed in recovery wells. No sigll!ficant increasf .n
concentrations of substances was observed as a result of the temporary cessation of pump-and-treat
operations. On July 28, 1995 Goodwill Industries submitted a variance request to the Chairman
of the Environmental Management Commission pursuant to 15A NCAC 2L .0113(b).
No known sources of drinking water from water wells or surface water supplies are known
to exist within a 1/2 mile radius of this property. The Charlotte-Mecklenburg Utilities Department
has indicated that the average depth of public water supply lines in this area are four feet from the
ground surface and are too shallow to be impacted by constituents found in groundwater beneath
Goodwill Industries. The company believes that the variance will not impact surface waters in the
area.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 2L .0106G). Goodwill Industries of the Southern Piedmont has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained
in 15A NCAC 2L .0202. Since discovery of the release on November 21, 1990 the Goodwill
Industries of the Southern Piedmont has disposed of a total of 1154 tons of diesel fuel
contaminated soil. Goodwill Industries of the Southern Piedmont has treated an estimated
2,108,185 gallons of groundwater to comply with the cleanup requirements of the Corrective
Action Plan that was approved on October 22, 1992. Goodwill Industries reports that a total of
$371,896 has been expended to cleanup this site. This total cost includes approximately $294,774
that was incurred to the State's Underground Storage Tank Trust Fund. Goodwill Industries has
shown that when the operation of the pump-and-treat groundwater remediation system was
temporarily interrupted the groundwater data indicated no increase in the concentration of any
constituent in monitoring wells.
Goodwill Industries of the Southern Piedmont has considered the use of air sparging with
vapor extraction as an alternate technology to the pump-and-treat groundwater remediation system.
The company does not believe this technology is economically reasonable or practical to meet the
requirements of 15A NCAC 2L .0113(c)(5). The total estimated cost of installing this technology
plus one years maintenance is $100,000. In addition, the company believes that installation of this
technology will necessitate the temporary closing of the facility and result in the subsequent loss
of income.
Goodwill Industries of the Southern Piedmont has examined the potential effectiveness of
enhanced in-situ bioremediation technology for cleaning up the remaining contamination at this
site. The company does not believe that this technology is the "best available technology
economically reasonable" as specified in 15A NCAC 2L .0113(c)(5). Goodwill Industries asserts
that the costs of the investigative work to permit injection wells and develop a corrective action
plan would likely exceed the costs of implementing a corrective action plan relying on air sparging
technology.
2
RAF
The written comment period for this variance will close at 12:00 PM (Midnight) on
April 19, 1996. I am requiring that you complete the hearing officers report and the
recommendation to the Environmental Management Commission Groundwater Committee
by July 18, 1996. This period of time is ninety (90) days after the closing date for written
public comment and allows Division staff adequate time to review you recommendation.
Unless significant new site information becomes available after the public hearing or other
extraordinary circumstances occur that dictate a longer review period by the hearing
officer, the earliest date that this variance may be considered by the Groundwater
Committee is September 11, 1996. If your review of the variance shows that there is a
need for a longer review period, please contact Arthur Mou berry at [phone].
I appreciate your taking the time to conduct this hearing. The staff will be glad to
assist you through the proceedings. If you have any questions, feel free to call Carl Bailey
at [phone].
Attachments.
cc: Arthur Mouberry
Carl Bailey
2
Public Hearing-Variance Request
Variance to 15A NCAC 2L .0202 and 15A NCAC 2L .0106(j)
Goodwill Industries of the Southern Piedmont, Charlotte, North Carolina
HEARING LOCATED AT:
Mecklenburg County Courthouse
Criminal Courts Building -Courtroom 2201
700 East Fourth Street -(at 7:00 PM)
HEARING OFFICER 1S SPEECH
HEARING OFFICER: Sherri Knight, Division of Environmental Management,
Regional Groundwater Supervisor (Winston-Salem Regional
Office)
~m~~Q::.:Ql:Jif.~IJj~ GOOD EVENING, I WOULD LIKE TO CALL THIS
PUBLIC HEARING TO ORDER. MY NAME IS SHERRI KNIGHT, AND I AM
THE DIVISION OF ENVIRONMENTAL MANAGEMENTS REGIONAL
GROUNDWATER SUPERVISOR IN THE WINSTON-SALEM REGIONAL
OFFICE. I HAVE BEEN DESIGNATED HEARING OFFICER FOR THIS
EVENING'S HEARING.
THIS HEARING IS BEING HELD PURSUANT TO NORTH CAROLINA
GENERAL STATUTE 150B-21.2. IN ACCORDANCE WITH THE GENERAL
STATUTES, A PUBLIC NOTICE OF THIS· HEARING WAS PUBLISHED IN
CONFORMITY WITH 15A NCAC 2L .0113 OF THE GROUNDWATER RULES
1
AND GENERAL NOTICE HAS BEEN GIVEN IN LOCAL PAPERS ACCORDING
TO PROCEDURES IN 15A NCAC 2L .0113(e)(l). NOTICES WERE ALSO
DISTRIBUTED TO THE PUBLIC AT LARGE, LOCAL GOVERNMENT
OFFICIALS, AND PROPERTY HOLDERS WITHIN AND NEAR THE AREA OF
THE PROPOSED VARIANCE.
THE PURPOSE OF THIS HEARING IS TO OBTAIN PUBLIC COMMENT
AND PARTICIPATION IN THE CONSIDERATION OF THE VARIANCE
REQUEST FOR THE GOODWILL INDUSTRIES OF THE SOUTHERN
PIEDMONT, INCORPORATED OF CHARLOTTE, NC. THE GOODWILL
INDUSTRIES IS REQUESTING THIS VARIANCE FROM RULES CONTAINED IN
15A NCAC 2L GROUNDWATER CLASSIFICATION AND STANDARDS FOR
THE PROPERTY LOCATED AT 2122 FREEDOM DRIVE. THIS PROPOSED
VARIANCE WILL APPLY ONLY TO AN AREA CONSISTING OF THIS
PROPERTY OWNED BY GOODWILL INDUSTRIES OF THE SOUTHERN
PIEDMONT. GOODWILL INDUSTRIES ESTIMATES THE TOTAL AREA OF
LAND FOR WHICH THIS VARIANCE IS REQUESTED IS APPROXIMATELY
2.98 ACRES. IN THE SUPPORTING INFORMATION SUBMITTED IN THIS
VARIANCE REQUEST, GOODWILL INDUSTRIES INFORMED THE DIVISION
THAT THIS SITE IS LOCATED WITHIN AN AREA CONTAINING A MIXTURE
OF COMMERCIAL, INDUSTRIAL AND RESIDENTIAL PROPERTIES.
2
THE APPLICANT PROPOSES TO ALLOW THOSE CONCENTRATIONS OF
BENZENE, TOLUENE, ETHYLBENZENE AND XYLENES, DIMETHYL
PHTHALATE, AND 1,2-DICHLOROBENZENE TO REMAIN AT LEVELS AS
FOUND DURING THE APRIL 13, 1995 GROUNDWATER ANALYSIS, WITHIN
THE BOUNDARIES OF THE AREA PROPOSED FOR THE VARIANCE.
GOODWILL INDUSTRIES OF THE SOUTHERN PIEDMONT ALSO PROPOSES
THAT CORRECTIVE ACTIONS REQUIRING THE APPLICATION OF BEST
AVAILABLE TECHNOLOGY IN 15A NCAC 2L .0106 (j) NOT BE APPLIED TO
THE AREA WITHIN THE BOUNDARIES OF THE PROPOSED VARIANCE.
GOODWILL INDUSTRIES REPORTED THAT A TOTAL OF $ 371,896 HAS BEEN
EXPENDED TO CLEANUP THIS SITE. THIS TOTAL COST INCLUDES
APPROXIMATELY $294,774 THAT WAS INCURRED FROM THE STATE
UNDERGROUND STORAGE TANK TRUST FUND FOR CLEANUP. GOODWILL
INDUSTRIES OF THE SOUTHERN PIEDMONT HAS SUBMITTED SUPPORTING
INFORMATION DEMONSTRATING THAT THE CONTINUED APPLICATION OF
BEST AVAILABLE TECHNOLOGY WILL NOT RESULT IN SIGNIFICANT
LONG TERM REMEDIATION OF THE SITE TO THE GROUNDWATER
QUALITY STANDARDS IN 15A NCAC 2L .0202. THE COMPANY BELIEVES
THAT APPLICATION OF BEST AVAILABLE TECHNOLOGY AT THIS
LOCATION IS A SERIOUS FINANCIAL IMPACT WITHOUT EQUAL OR
GREATER PUBLIC BENEFIT.
3
THIS HEARING WILL CONFORM TO PROCEDURES IN 15A NCAC 2L
.0113. ADDITIONAL COPIES OF THE NOTICE OF VARIANCE APPLICATION
AND HEARING ARE LOCATED IN THIS BUILDING AND ARE AVAILABLE
FOR PUBLIC REVIEW.
A WRITTEN RECORD OF THIS HEARING WILL BE PREPARED WHICH
WILL INCLUDE ALL THE RELEVANT COMMENTS, QUESTIONS, AND
DISCUSSIONS. FOR THIS REASON, THE HEARING IS BEING TAPE
RECORDED. WRITTEN COMMENTS RECEIVED THROUGH APRIL 19, 1996
WILL ALSO BE INCLUDED IN THE RECORD. BASED ON THESE PUBLIC
COMMENTS AND ON ANALYSIS BY THE GROUNDWATER STAFF, I WILL
MAKE A RECOMMENDATION TO THE ENVIRONMENTAL MANAGEMENT
COMMISSION. IN MAKING THE FINAL DECISION, THE ENVIRONMENTAL
MANAGEMENT COMMISSION CONSIDERS THE WRITTEN RECORD, THE
RECOMMENDATION OF THE HEARING OFFICER, THE RECOMMENDATIONS
OF DIVISION STAFF, AND THE CONCERNS OF ITS MEMBERS. THE
COMMISSION MUST ALSO CONSIDER WHETHER THE APPLICANT HAS
COMPLIED WITH 15A NCAC 2L .0113(g).
IF THE APPLICANT DECIDES THAT THE COMMISSION'S DECISION IS
UNACCEPTABLE, A PETITION MAY BE FILED ACCORDING TO
4
,.
PROCEDURES IN 15A NCAC 2L .0113(h). THE DECISION ON THE VARIANCE
BY THE ENVIRONMENTAL MANAGEMENT COMMISSION IS FINAL AND
BINDING ACCORDING TO THE CONDITIONS SHOWN IN 15A NCAC 2L
.0113(h).
AT THIS TIME I WOULD LIKE TO RECOGNIZE (names of local and state
officials) AND THANK YOU FOR ATTENDING THIS HEARING. I WOULD ALSO
LIKE TO RECOGNIZE THE FOLLOWING PEOPLE FROM THE DIVISION OF
ENVIRONMENTAL MANAGEMENT (DEM central office and DEM regional office
personnel).
MR.(staffspeaker) OF THE DIVISION OF ENVIRONMENTAL MANAGEMENT-
GROUNDWATER SECTION'S MOORESVILLE REGIONAL OFFICE WILL NOW
SUMMARIZE THE PROPOSED VARIAN CE WHICH IS THE SUBJECT OF THIS
HEARING.
STAFF SPEAKER: (staff speaker summari7.es variance request).
~~~!!~l;'~~~M~~: THANK YOU. WE WILL NOW ACCEPT PUBLIC
COMMENT ON THE PROPOSED VARIANCE. I WOULD LIKE TO REQUEST
THAT EVERYONE FILL OUT A REGISTRATION FORM. AFTER ALL
REGISTERED SPEAKERS HAVE HAD AN OPPORTUNITY TO COMMENT, I
5
WILL ALLOW ADDITIONAL SPEAKERS AS TIME PERMITS. WHEN YOUR
NAME IS CALLED, PLEASE COME UP TO THE MICROPHONE AND STATE
YOUR NAME AND AFFILIATION. ALL COMMENTS SHOULD BE LIMITED
TO MATTERS THAT ARE RELATIVE TO THE PROPOSED ADOPTION OF THIS
VARIAN CE. IF YOUR COMMENTS ARE LONGER THAN THREE MINUTES, I
WOULD LIKE TO REQUEST THAT THEY BE SUBMITTED IN WRITING. I
RESERVE THE RIGHT TO QUESTION SPEAKERS IF THE NEED SHOULD
ARISE.
DIVISION OF ENVIRONMENTAL MANAGEMENT STAFF WILL BE
AVAILABLE TO ANSWER YOUR QUESTIONS IF NECESSARY. I WOULD
NOW LIKE TO CALL [first speaker].
[speakers ... ]
(the hearing officer, referring to THE REGISTRATION CARDS, calls each speaker to the
microphone in turn )
MBA1tlN(lXlPF.teER:i: THANK YOU [last speaker]. ·ARE THERE ANY MORE
-: : :-:❖:-!-!: !-: : : !•!-:: :-! : : :-:::: '.: ~: =·-::::::: :-.-:: :-: :-: : .-: : :::-:-::,
COMMENTS? SINCE THERE ARE NO MORE COMMENTS, I DECLARE THE
HEARING CLOSED. THE HEARING RECORD WILL REMAIN OPEN UNTIL
12:00 PM (MIDNIGHT) ON APRIL 19, 1996. ANYONE WISHING TO SUBMIT
WRITTEN COMMENTS MAY DO SO UNTIL THAT DATE. AFTER WHICH
6
•
TIME, THE COMMENTS WILL BE MADE PART OF THE PUBLIC RECORD
AND I SHALL MAKE RECOMMENDATIONS TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION. WRITTEN COMMENTS MUST BE
ADDRESSED TO DAVID HANCE AT THE DIVISION OF ENVIRONMENTAL
MANAGEMENT GROUNDWATER SECTION. THE ADDRESS WRITTEN
COMMENTS NEED TO BE SENT TO IS SHOWN IN THE PUBLIC NOTICE AND
IS AS FOLLOWS:
David Hance
EHNR-DEM-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
A FACSIMILE COPY OF WRITTEN COMMENTS MAY BE SENT TO MR.
HANCE BY DIALING [phone]. HIS TELEPHONE NUMBER IN RALEIGH
IS [phone].
IT IS THE DESIRE OF THE COMMISSION TO ALWAYS ACT IN THE BEST
POSSIBLE INTEREST OF THE PUBLIC. THEREFORE, PUBLIC
PARTICIPATION IS A VERY IMPORTANT PART OF THE RULE-MAKING
PROCESS. I WOULD LIKE TO THANK YOU FOR ATTENDING THE
HEARING AND OFFERING YOUR COMMENTS.
7
..
::, • d
QCA fT
SU8JE~T Vo :£VISIONS
AND GENERAL NOTICE HAS BEEN GIVEN IN LOCAL PAPERS ACCORDING
TO PROCEDURES IN 15A NCAC 2L .0113(e)(l). NOTICES WERE ALSO
DISTRIBUTED TO THE PUBLIC AT LARGE, LOCAL GOVERNMENT
OFFICIALS, AND PROPERTY HOLDERS \VITHIN AND NEAR THE AREA OF
THE PROPOSED VARIAN CE.
THE PURPOSE OF TH[S HEARING IS TO OBTAIN PUBLIC COMMENT
AND PARTCCIPATION IN THE CONSIDERATION OF THE VARIANCE
REQUEST FOR THE GOODWILL u~DUSTRfES OF THE SOUTHERN
PIEDMONT, lNCORPORATED OF CHARLOTTE, NC. THE GOODWILL
INDUSTRIES IS REQUESTING THIS VARIANCE FROM RULES CONTAINED IN
15A NCA C 2L GR OU NDWATER CLASSIFICATtON AND STAND ARDS FOR
THE PROPERTY LOCATED AT 2122 FREEDOM DRIVE . TH(S PROPOSED
VARIANCE WILL APPLY ONLY TO AN AREA CONSISTING OF THIS
PROPERTY OWNED BY GOODWILL INDUSTRIES OF THE SOUTHERN
PIEDMONT. GOODWILL lNDliSTRIES ESTIMAT[S 'THE TOTAL AREA OF
LAND FOR WHICH THIS VARIANCE IS REQUESTED IS APPROXIMATELY
2.98 ACRES. IN THE SUPPORTING INFORMATION SUBMITTED IN THIS
VARIANCE REQUEST, GOODWILL INDUSTRIES INFORMED THE DIVISION
THAT THIS SITE IS LOCATED WITHIN AN AREA CONTAINING A MIXTURE
OF COMMERCIAL, INDUSTRIAL AND RESIDENTIAL PROPERTIES.
2
~lllt 966t'll •
•
S 'd
THIS HEARING WILL CONFORl\·1 TO PROCEDURES lN 1.5A NCAC 2L
.0113 . ADDITIONAL COPIES OF THE NOTICE OF VARIANCE APPLICATION
AND HEARING ARE LOCATED I!\. THIS BUILDJNG AND ARE AVAILABLE
FOR PUBLIC REVIEW.
A WRITTEN RECORD OF THIS HEARING WILL BE PREPARED WHICH
WILL INCLUDE ALL THE RELEVANT CO.MMEN 'l ~. QUESTIONS, AND
DISCUSSIONS. FOR THIS REASON, THE {·lEARING IS BEING TAPE
RECORDED. WRITTEN COMMENTS RECEIVED THROUGH APRIL 19, 1996
WILL ALSO BE INCLUDED lN THE RECORD. BASED ON THESE PUBLIC
COMMENTS AND ON ANALYSIS BY THE GROUNDWATER STAFF, f WILL
MAKE A RECOMMENDATION TO THE ENVIRONMENTAL MANAGE~11ENT
COMMISSION. IN MAKING THE FINAL DECISION, THE ENVIRONMENTAL
MANAGEMENT COMMISSION CONSIDERS THE WRITTEN RECORD, THE
RECOMMENDATION OF THE HEARING OFFICER, THE RECOMMENDATCONS
OF DIVISION STAPF, AND THE CONCERNS OF ITS MEMBERS. THE
COMMISSION MUST ALSO CONSIDER WHETHER THE APPLICANT HAS
COMPLIED WITH 15A NCAC 2L .0113(g).
IF THE APPLICANT DECIDES THAT THE COMMISSION'S DEClSION IS
UNACCEPTABLE, A PETITION MAY BE FILED ACCORDING TO
4
,z :1 1 966 1·11 '£0
8 'd
SQJT~!!s
TIME, THE COMMENTS WILL BE MADE PART OF THE PUBLIC RECORD
AND I SHALL MAKE RECOMMENDATIONS TO THE ENVIRONMENTAL
MANAGEMENT COMMJSSION. WRITTEN COMMENTS MUST BE
ADDRESSED TO DAVID HANCE AT THE orV[SlON OF ENVIRON\,fENTAL
MANAGEMENT GROUNDWATER SECTION . THE ADDRESS WRITTEN
COMMENTS NEED TO BE SENT TO rs SHOWN fN '1 HE Pl.iBUC NOTfCE A.ND
IS AS FOLLOWS:
David Hance
EHNR-DF:M•Ground"\'att1r St>crion
P. 0. Box 29578
Ralei.gh, 7'C 27626•0578
A FACSIMILE COPY or; WR1TTEN CO\l~{r.NTS MA y BE SENT TO MR
HANCE BY DIALING [phone]. HfS TELEPHONE '\UMBER IN RALEIGH
IS [phone].
IT rs THE DESlRE OF THE COMM!SSION TU ALW . .:\ YS A(T fN THE BEST
POSSlBLE INTEREST OF THE PUBLIC. THEREH)RE. PUBLIC
PARTICIPATION [S A VERY ll\·1PORTANT PART OF THE RULE-MAKING
PROCESS. I WOULD UKE TO THANK YOL' FOR ATTEND!NG THE
HEARING AND OFFERf~G YOUR COM\fENTS
7
8Z :II 9661'11'£0
N OTE: 03/12/96
IM PORT A N T YYYYY
TO: Arthur l;f ouberry,
SUBJECT STAFF ATTENDING THE PUBLIC HEARING ON THE VARIAN CE FOR
GOODWILL INDUSTRIES IN CHARLOTTE, NC ON MARCH 19, 1996.
Who from the Groundwater Section Central Office, other than myself, is planning
to go to the hearing for the variance in Charlotte, NC on Tuesday March 19th? Sherri
Knight is the hearing officer, Allen Schiff is the staff presenter, and I will record the
hearing. I will contact Allen to see who from Mooresville will attend. Please let me know.
If you need to discuss this with me please feel free to call 71 5-61 8 9.
David Hance
cc: Carl Bailey
1
NOTE: 03/12/96 ,.
IMPORT ANT YYYYY
TO: Arthur Mouberry,
SUBJECT STAFF ATTENDING THE PUBLIC HEARING ON THE VARIANCE FOR
GOODWILL INDUSTRIES IN CHARLOTTE, NC ON MARCH 1 9, 1996.
Who from the Groundwater Section Central Office, other than myself, is planning
to go to the hearing for the variance in Charlotte, NC on Tuesday March 19th? Sherri
Knight is the hearing officer, Allen Schiff is the staff presenter, and I will record the
hearing. I will contact Allen to see who from Mooresville will attend. Please let me know.
If you need to discuss this with me please feel free to call 715-6189.
David Hance
cc: Carl Bailey
1
Af1
SUBJECT; 10 RE'J\S\ONS
THE APPLICANT PROPOSES TO ALLOW THOSE CONCENTRATIONS OF
BENZENE, TOLUENE, ETHYLBENZENE AND XYLENES, DIMETHYL
PHTHALATE, AND 1,2-DICHLOROBENZENE TO REMAIN AT LEVELS AS
FOUND DURING THE APRIL 13, 1995 GROUNDWATER ANALYSIS, WITHIN
THE BOUNDARIES OF THE AREA PROPOSED FOR THE VARIAN CE. THE
AMOCO OIL COMPANY ALSO PROPOSES THAT CORRECTIVE ACTIONS
REQUIRING THE APPLICATION OF BEST AVAILABLE TECHNOLOGY IN 15A
NCAC 2L .0106 (j) NOT BE APPLIED TO THE AREA WITHIN THE
BOUNDARIES OF THE PROPOSED VARIANCE. GOODWILL INDUSTRIES
REPORTED THAT A TOTAL OF $ 371,896 HAS BEEN EXPENDED TO
CLEANUP THIS SITE. THIS TOTAL COST INCLUDES APPROXIMATELY
$294,774 THAT WAS INCURRED ON THE STATE UNDERGROUND STORAGE
TANK TRUST FUND FOR CLEANUP. GOODWILL INDUSTRIES OF THE
SOUTHERN PIEDMONT HAS SUBMITTED SUPPORTING INFORMATION
DEMONSTRATING THAT THE CONTINUED APPLICATION OF BEST
AVAILABLE TECHNOLOGY WILL NOT RESULT IN SIGNIFICANT LONG
TERM REMEDIATION OF THE SITE TO THE GROUNDWATER QUALITY
STANDARDS IN 15A NCAC 2L .0202. THE COMPANY BELIEVES THAT
APPLICATION OF BEST AVAILABLE TECHNOLOGY AT THIS LOCATION IS
A SERIOUS FINANCIAL IMPACT WITHOUT EQUAL OR GREATER PUBLIC
BENEFIT.
3
DRAF T
SUBJECT;TO REVISIONS
WILL ALLOW ADDITIONAL SPEAKERS AS TIME PERMITS. WHEN YOUR
NAME IS CALLED, PLEASE COME UP TO THE MICROPHONE AND STATE
YOUR NAME AND AFFILIATION. ALL COMMENTS SHOULD BE LIMITED
TO MATTERS THAT ARE RELATIVE TO THE PROPOSED ADOPTION OF THIS
VARIANCE. IF YOUR COMMENTS ARE LONGER THAN THREE MINUTES, I
WOULD LIKE TO REQUEST THAT THEY BE SUBMITTED IN WRITING. I
RESERVE THE RIGHT TO QUESTION SPEAKERS IF THE NEED SHOULD
ARISE.
DIVISION OF ENVIRONMENTAL MANAGEMENT STAFF WILL BE
AVAILABLE TO ANSWER YOUR QUESTIONS IF NECESSARY. I WOULD
NOW LIKE TO CALL [first speaker].
[speakers ... ]
(the hearing officer, referring to THE REGISTRATION CARDS, calls each speaker to the
microphone in turn)
MEAiRING:iOPBCERr, THANK YOU [last speaker]. ARE THERE ANY MORE
•: . : .. : :-: : : : =·=·= : :.; ..... ; .. -.-: ...... -: : :-.-: :-: :-:-: .-:•.•= ·-:-.-: : ~ .-. : :-.-:-:-
COMMENTS? SINCE THERE ARE NO MORE COMMENTS, I DECLARE THE
HEARING CLOSED. THE HEARING RECORD WILL REMAIN OPEN UNTIL
12:00 PM (MIDNIGHT) ON APRIL 19, 1996. ANYONE WISHING TO SUBMIT
WRITTEN COMMENTS MAY DO SO UNTIL THAT DATE. AFTER WHICH
6
DRAFT
SUBJECT; TO REVISIONS
TIME, THE COMMENTS WILL BE MADE PART OF THE PUBLIC RECORD
AND I SHALL MAKE RECOMMENDATIONS TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION. WRITTEN COMMENTS MUST BE
ADDRESSED TO DAVID HANCE AT THE DIVISION OF ENVIRONMENTAL
MANAGEMENT GROUNDWATER SECTION. THE ADDRESS WRITTEN
COMMENTS NEED TO BE SENT TO IS SHOWN IN THE PUBLIC NOTICE AND
IS AS FOLLOWS:
David Hance
EHNR-DEM-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
A FACSIMILE COPY OF WRITTEN COMMENTS MAY BE SENT TO MR.
HANCE BY DIALING [phone]. HIS TELEPHONE NUMBER IN RALEIGH
IS [phone].
IT IS THE DESIRE OF THE COMMISSION TO ALWAYS ACT IN THE BEST
POSSIBLE INTEREST OF THE PUBLIC. THEREFORE, PUBLIC
PARTICIPATION IS A VERY IMPORTANT PART OF THE RULE-MAKING
PROCESS. I WOULD LIKE TO THANK YOU FOR ATTENDING THE
HEARING AND OFFERING YOUR COMMENTS.
7
NOTE : 03/11/96
TO:
FROM;
IMPORTANT!UU!
ALLEN SCHIFF
DAVID HANCE
SUBJECT: INFORMATION TO ASSIST YOU IN THE STAFF PRESENTATION FOR THE
HEARING ON THE VARIAN CE FOR THE GOODWILL INDUSTRIES OF THE
SOUTHERN PIEDMONT ON MARCH 19, 1996.
Here is a portion of an earlier public notice for the Goodwill Industries variance. It was modified
to reduce the length of the document so as to save publication costs. However, staff felt it may assist you
in preparing for the hearing. The information ts shown below:
Goodwill Industries requests that the Environmental Management Commission grant the following
variance to it's rules under the authority of 15A NCAC 2L .0113 so that it does the following:
(1) Allow concentrations of Benzene, Toluene, Ethylbenzene, Xylene (-o,-m, and p), Naphthalene, Methyl Tert-Butyl Ether
(MTBE), Dimethyl Phthalate, and 1,2-Dichlorobenzene to remain at levels above 15A NGAC 2L .0202 standards as analyzed on
April 13, 1995. These concentrations will be required to remain within the property boundaries of the Goodwill Industries of
the Southern Piedmont. The Goodwill Industries site consists of approximately 2.98 acres of land. Approximately one-half
of the land area is covered by the building that houses Goodwill Industries. Goodwill Industries of the Southern Piedmont
is located within an area with a mixture of commercial, Industrial, and residential development.
On November 21, 1991 Goodwill Industries removed a 2,000 gallon underground storage tank containing diesel fuel that
was located at the northwest corner of the building. The tank closure Investigation revealed that the tank had leaked it's
contents Into surrounding soll. In August 1991 a Comprehensive Site Assessment was completed and revealed a plume of
groundwater contamination beneath the building and parking lot of this property. The area of the plume was estimated
to be approximately 60,000 square feel On April 14, 1992 Goodwill Industries of the Southern Piedmont was Informed that
the Comprehensive Slte Assessment had been completed to the satisfaction of the Division. Goodwill Industries submitted
a Corrective Action Plan to address soil contamination on April 15, 1992. Tills corrective action plan was implemented on
September 6, 1992. Goodwill Industries later submitted a separate Corrective Action Plan was submitted to the Division on
July 2, 1992 to cleanup groundwater. The plan called for the implementation or a pump-and-treat groundwater cleanup
system. Pump-and-treat technology uses a pump to convey contaminated groundwaters from beneath the land, treats these
groundwaters to remove contaminants, and return the treated water to a permitted discharge. The Corrective Action Plan
was approved by the Division on October 22, 1992. The Charlotte-Mecklenburg Utility Department issued a permit to
discharge treated water from the pump-and-treat groundwater remediation system into the nearby sanitary sewer.
The Division of Environmental Management required Goodwill Industries to perform groundwater monitoring to
determine the vertical and lateral extent of contamination at the beginning on May 8, 1991. The Division also required
Goodwill Industries to evaluate the effectiveness of groundwater cleanup efforts by examlnlng concentrations of substances
In recovery wells. Recovery wells at the Goodwill Industries slte are used as sumps to collect groundwater, free product,
1
..
and dissolved hydrocarbons from the site. Pumps convey this fluid to the treatment system. Samples were obtained from
six recovery wells located beneath the building, parking lot, and loading dock areas. Groundwater cleanup using pump-and-
treat technology began on May 8, 1991. From May 8, 1991 through September 21, 1994 there was no significant increase or
decrease in concentrations of Benzene and other substances at on-site monitoring wells. The downgradient monitoring well
located offsite to the southeast next to Freedom Drive did not show concentrations of any substances during this period.
Based on groundwater analysis from May 8, 1991 through September 21, 1994 the Division of Environmental
Management recommended the pump-and-treat system be turned off to determine if residual contaminants in the soils and
subsurface would recontaminate the groundwater, if no treatment system were operating. In December 1994 groundwater
monitoring was conducted at recovery wells and monitoring wells after the pump-and-treat system had been temporarily
turned off. Four of the seven monitoring wells were sampled and all samples reported Benzene concentrations below
quantitation limits. Concentrations of Benzene in all six recovery wells showed a significant decrease during this sampling
event.
Routine analysis of groundwater samples on April 13, 1995 showed that concentrations of substances had not been
significantly reduced since 1994. Three of seven monitoring wells showed concentrations of Benzene above the Groundwater
Q.uality Standards of 15A NCAC 2L .0202. The highest concentration in groundwater for a single monitoring well was 0.004
milligrams per liter. The Groundwater Quality Standard for Benzene ls 0.001 milligrams per liter. Samples from the six
recovery wells continued to show levels of Benzene above Groundwater Quality Standards. Naphthalene was found at a
recovery well beneath the building at a concentration of 0.029 milligrams per liter. The Groundwater Quality Standard for
Naphthalene is 0.021 milligrams per liter.
Monitoring wells at this site have shown insignificant reductions in Benzene as a result of using pump-and treat
technology. Although concentrations of substances appear to be decreasing in recovery wells, significant reductions in the
concentrations of Naphthalene and Benzene have not been observed in recovery wells. No significant increase in
concentrations or substances was observed as a result or the temporary cessation of pump-and-treat operations. On July
28, 1995 Goodwill Industries submitted a variance request to the Chairman of the Environmental Management Commission
pursuant to 15A NCAC 2L .0113(b).
Based on groundwater flow information obtained during the Comprehensive Site Assessment it is believed that the
contaminant plume is moving to the southeast. Goodwill Industries of the Southern Piedmont has calculated that It will take
10 years for the substances to reach the downgradient property boundary. The company also asserts that It will take
approximately 63 years for these constituents to reach the nearest tributary of the Catawba River which ls Stewart Creek,
assuming no natural degradation or attenuation occurs in the subsurface. No known sources of drinking water from water
wells or surface water supplies are known to exist within a 1/2 mile radius of this property. The Charlotte-Mecklenburg
Utilities Department has indicated that the average depth of public water supply lines in this area are four feet from the
ground surface and are too shallow to be impacted by constituents found in groundwater beneath Goodwill Industries.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with 15A NCAC 2L .0106(i).
Goodwill Industries of the Southern Piedmont has submitted supporting information demonstrating that the continued
application or best available technology will not result in significant long term remediation of the site to the Groundwater
Quality Standards contained in 15A NCAC 2L .0202. The is due to the high probability that continued remediation activities
at the site will not significantly reduce contaminant levels below Groundwater Quality Standards in 15A NCAC 2L .0202. Since
discovery or the release on November 21, 1990 the Goodwill Industries of the Southern Piedmont has disposed of a total of
1154 tons of diesel fuel contaminated soil. Goodwill Industries of the Southern Piedmont has treated an estimated 2,108,185
gallons of groundwater to comply with the cleanup requirements or the Corrective Action Plan that was approved on October
22, 1992. Goodwill Industries reports that a total of $371,896 has been expended to cleanup this site. This total cost includes
approximately $294,774 that was incurred to the State's Underground Storage Tank Trust Fund. Goodwill Industries has
shown that when the operation or the pump-and-treat groundwater remediation system was temporarily interrupted the
groundwater data indicated no increase in the concentration of any constituent in monitoring wells.
Goodwill Industries of the Southern Piedmont has considered the use of alr sparging with vapor extraction as an
alternate technology to the pump-and-treat groundwater remediation system. The company does not believe this technology
is economically reasonable or practical to meet the requirements of 15A NCAC 2L .0113(cX5). This ls because design and
installation of an air sparging system would need to consider that contaminants at this site are located directly below the
building used to house Goodwill Industries. The company believes that the use of vapor extraction at this site would
necessitate additional measures to protect workers from harmful concentrations of substances inside the building. The costs
required to continually control vapor flow within the plant and the potential risk to workers offsets any inherent benefits
of this cleanup method. Goodwill Industries of the Southern Piedmont has furnished cost information for an air sparging
system with vapor extraction. The total estimated cost or installing this technology plus one years maintenance ls $100,000.
In addition, the company believes that installation of this technology will necessitate the temporary closing of the facility
and result in the subsequent loss or income.
2
NOT E: 03/11/96
TO:
FROM;
IMPOR TANT !!!!!!
ALLEN scmFF
DAVID HANCE
SUBJECT: ·, INFORMATION TO ASSIST YOU IN THE STAFF PRESENTATION FOR THE
HEARING ON THE VARIANCE FOR THE GOODWILL INDUSTRIES OF THE
SOUTHERN PIEDMONT ON MARCH 19, 1996.
Here is a portion of an earlier public notice for the Goodwill Industries variance. It was modified
to reduce the length of the document so as to save publication costs. However , staff felt lt may assist you
in preparing for the hearing. The information is shown below:
Goodwill Industries requests that the Environmental Management Commission grant the foil owing
variance to it's rules under the authority of 15A NCAC 2L .0113 so that it does the following:
(1) Allow concentrations of Benzene, Toluene, Ethylbenzene, Xylene (-o,-m, and p), Naphthalene, Methyl Tert-Butyl Ether
(MTBE), Dimethyl Phthalate, and 1,2-Dichlorobenzene to remain at levels above 15A NCAC 2L .0202 standards as analyzed on
April 13, 1995. These concentrations w1ll be required to remain within the property boundaries of the Goodwill Industries of
the Southern Piedmont The Goodwill Industries site consists of approximately 2.98 acres of land. Approximately one-half
of the land area ls covered by the bullding that houses Goodw1ll Industries. Goodwill Industries of the Southern Piedmont
is located within an area with a mixture of commercial, Industrial, and residential development
On November 21, 1991 Goodwill Industries removed a.2,000 gallon underground storage tank containing diesel fuel that
was located at the northwest comer of the bullding. The tank closure Investigation revealed that the tank had leaked it's
contents Into surrounding soil. In August 1991 a Comprehensive Site Assessment was completed and revealed a plume of
groundwater contamination beneath the building and parking lot of this property. The area of the plume was estimated
to be approximately 60,000 square feet On April 14, 1992 Goodwill Industries of the Southern Piedmont was Informed that
the Comprehensive Site Assessment had been completed to the satisfaction of the Division. Goodwill Industries submitted
a Corrective Action Plan to address soil contamination on April 15, 1992. Thls corrective action plan was Implemented on
September 6, 1992. Goodwill Industries later submitted a separate Corrective Action Plan was submitted to the Division on
July 2, 1992 to cleanup groundwater. The plan called for the Implementation of a pump-and-treat groundwater cleanup
system. Pump -and-treat technology uses a pump to convey contaminated groundwaters from beneath the land, treats these
groundwaters to remove contaminants, and return the treated water to a permitted discharge. The Corrective Action Plan
was approved by the Division on October 22, 1992. The Charlotte-Mecklenburg Utility Department Issued a permit to
discharge treated water from the pump-and-treat groundwater remediation system into the nearby sanitary sewer.
The Division of Environmental Management required Goodwill Industries to perform groundwater monitoring to
determine the vertical and lateral extent of contamination at the beginning on May 8, 1991. The Division also required
Goodwill Industries to evaluate the effectiveness of groundwater cleanup efforts by examining concentrations of substances
In recovery wells. Recovery wells at the ·Goodwill Industries site are used as sumps to collect groundwater, free product,
1
and dissolved hydrocarbons from the site. Pumps convey this fluid to the treatment system. Samples were obtained from
six recovery wells located beneath the building, parking lot, and loading dock areas. Groundwater cleanup using pump-and-
treat technology began on May 8, 1991. From May 8, 1991 through September 21, 1994 there was no significant increase or
decrease in concentrations of Benzene and other substances at on-site monitoring wells. The downgradient monitoring well
located offslte to the southeast next to Freedom Drive did not show concentrations of any substances during this period.
Based on groundwater analysis from May 8, 1991 through September 21, 1994 the Division of Environmental
Management recommended the pump-and-treat system be turned off to determlne'lf residual contaminants in the soils and
subsurface would recontaminate the groundwater, if no treatment system were operating. In December 1994 groundwater
monitoring was conducted at recovery wells and monitoring wells after the pump-and-treat system had been temporarily
turned off. Four of the seven monitoring wells were sampled and all samples reported Benzene concentrations below
quantitation llmlts. Concentrations of Benzene in all six recovery wells showed a significant decrease during this sampllng
event.
Routine analysis of groundwater samples on April 13, 1995 showed that concentrations of substances had not been
significantly reduced since 1994. Three of seven monitoring wells showed concentrations of Benzene above the Groundwater
Quality Standards of 15A NCAC 2L .0202. The highest concentration in groundwater for a single monitoring well was lt:664 0 ,c,OS
milligrams per liter. ·The Groundwater Quality Standard for Benzene ls 0.001 mllllgrams per liter. Samples from the six
recovery wells continued to show levels of Benzene above Groundwater Quality Standards. Naphthalene was found at a
recovery well beneath the building at a concentration of 0.029 mllllgrams per liter. The Groundwater Quality Standard for
Naphthalene ls 0.021 milligrams per liter.
Monitoring wells at this site have shown insignificant reductions in Benzene as a result of using p,ump-and treat
technology. Although concentrations of substances appear to be decreasing in recovery wells, significant reductions in the
concentrations of Naphthalene and Benzene have not been observed in recovery wells. No significant increase in
concentrations of substances was observed as a result of the temporary cessation of pump-and-treat operations. On July
28, 1995 Goodwill Industries submitted a variance request to the Chairman of the Environmental Management Commission
pursuant to 15A NCAC 2L .0113(b).
Based on groundwater flow information obtained during the Comprehensive Site Assessment It is believed that the
contaminant plume ls moving to the southeasL Goodwill Industries of the Southern Piedmont has calculated that It will take
10 years for the substances to reach the downgradient property boundary. The company also asserts that it will take
approximately 63 years for these constituents to reach the nearest tributary of the Catawba River which ls Stewart Creek,
assuming no natural degradation or attenuation occurs in the subsurface. No known sources of drinking water from water
wells or surface water supplies are known to exist within a 1/2 mile radius of this property. The Charlotte-Mecklenburg
Utilities Department has indicated that the average depth of public water supply llnes in this area are four feet from the
ground surface and are too shallow to be impacted by constituents found in groundwater beneath Goodwill Industries.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with 15A NCAC 2L .0106(j).
Goodwill Industries of the Southern Piedmont has submitted supporting infonnation demonstrating that the continued
application of best available technology will not result in significant long term remediation of the site to the Groundwater
Quality Standards contained in 15A NCAC 21 .0202. The ls due to the high probability that continued remediation activities
at the site will not significantly reduce contaminant levels below Groundwater Quality Standards in 15A NCAC 2L .0202. Since
discovery of the release on November 21, 1990 the Goodwill Industries of the Southern Piedmont has disposed of a total of
1154 tons of diesel fuel contaminated soil. Goodwill Industries of the Southern Piedmont has treated an estimated 2,108,185
gallons of groundwater to comply with the cleanup requirements of the Corrective Action Plan that was approved on October
22, 1992. Goodwill Industries reports that a total of $371,896 has been expended to cleanup this site. This total cost includes
approximately $294,774 that was incurred to the State's Underground Storage Tank Trust Fund. Goodwill Industries has
shown that when the operation of the pump-and-treat groundwater remediation system was temporarily interrupted the
groundwater data indicated no increase in the concentration of any constituent in monitoring wells.
Goodwill Industries of the Southern Piedmont has considered the use of air sparging with vapor extraction as an
alternate technology to the pump-and-treat groundwater remediation system. The company does not believe this technology
ls economically reasonable or practical to meet the requirements of 15A NCAC 21 .0113(cX5). This is because design and
installation of an air sparging system would need to consider that contaminants at this site are located directly below the
building used to house Goodwill Industries. The company believes that the use of vapor extraction at this site would
necessitate additional measures to protect workers from harmful concentrations of substances inside the building. The costs
required to continually control vapor flow within the plant and the potential risk to workers offsets any inherent benefits
of this cleanup method. Goodwill Industries of the Southern Piedmont has furnished cost infonnation for an air sparging
system with vapor extraction. The total estimated cost of installing this technology plus one years maintenance ls $100,000.
In addition, the company believes that installation of this technology w1ll necessitate the temporary closing or the faclllty
and result in the subsequent loss of income. .
2
NOTE: 02/14/96
TIME SENSITIVE MAILING!!!
TO: Helena,
SUBJECT MAILING OF THE PUBLIC NOTICE FOR THE GOODWILL INDUSTRIES
VARIANCE HEARING IN CHARLOTTE, NC.
Attached is the notice for the PUBLIC HEARING concerning Goodwill
Industries variance on Freedom Drive in Charlotte, NC. The Director of DEM has
signed it and we are ready to provide notice. These notices need to be mailed out to
____ peo.Ple_on the GROUNDWATERRULES_MAILING LIST._ PLEASE_MAKE_170 _
DOUBLE SIDED COPIES OF THE LETTER AND NOTICE THAT ARE
ATTACHED. Then mail ONE SET to each person on the MAILING LABELS that
are highlighted in YmJiOW ~ PEN. Return any extras to me.
We will need to get these to the people in Saturdays mail to meet 30 DAY
NOTICE REQUIREMENTS in the rules. If possible, please get these notices mailed
out tomorrow on February 15, 1996.
If you need to discuss this with me please feel free to call 715-6189.
. THANK YOU I
f/4JtJ~
David Hance
cc: Carl Bailey
1
NOTICE OF VARIANCE APPLICATION AND HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL
RESOURCES
DIVISION OF ENVIRONMENTAL MANAGE1IBNT
Notice is hereby given of a variance application and public hearing to be held by the Department
of Environment, Health and Natural Resources on behalf of the Environmental Management Commission.
The hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L
.0202 and the Corrective Action requirements of ISA NCAC 2L .0106 G) for Goodwill Industries of the
Southern Piedmont, Inc. The variance application horn Goodwill Industries was received for review by
the Department on July 28, 1995.
The property where the release of petroleµm product has occurred is located as follows: Enter the
City of Charlotte from Interstate 85 and tak~ freedom Drive (US 'l.7) toward downtown. Go 3/4 of a mile.
Goodwill Industries is located at the corner of Berryhill Road and Freedom Drive. The street address for
this property is 2122 Freedom Drive which is listed as in land maps as Parcel Numt>er 071-063-13.
Goodwill Industries requests that the Environmental Management Commission grant the following
variance to it's rules under the authority of 15A NCAC 2L .0113 so that it does the following:
(1) Allow concentrations of Benzene, Toluene, Ethyl benzene, Xylene (-o,-m, and p ), Naphthalene,
Methyl Tert-Butyl Ether (MTBE), Dimethyl Phthalate, and 1,2-Dichlorobenzene to remain at levels
above 15A NCAC 2L .0202 standards as analy zed on April 13, 1995. These concentrations will
be required to remain within the property boundaries of the Goodwill Industries of the Southern
Piedmont. The Goodwill Industries site consists of approximately 2.98 acres of land.
Approximately one-half of the land area is covered hf"'the building that houses Goodwill Industries.
Goodwill Industries of the Southern Piedmont is located within an area with a mixture of
commercial, industrial, and residential development.
On November 21, 1991 Goodwill Industries removed a 2,000 gallon underground storage tank
containing diesel fuel that was located at the northwest corner of the building. The tank closure
investigation revealed that the tank had leaked it's contents into surrounding soil. In August 1991
a Comprehensive Site Assessment was completed and revealed a plume of groundwater
contamination beneath the building and parking lot of t hls property. The area of the plume was
estimated to be approximately 60,000 square feet. On April 14, 1992 Goodwill Industries of the
Southern Piedmont was informed that the Comprehensive Site Assessment had been completed to
the satisfaction of the Division. Goodwill Industries submitted a Corrective Action Plan to address
soil contamination on April 15, 1992. This corrective action plan was implemented on September
6, 1992. Goodwill Industries later submitted a separate Corrective Action Plan was submitted to
the Division on July 2, 1992 to cleanup groundwater. The plan called for the implementation of
a pump-and-treat groundwater cleanup system. Pump-and-treat technology uses a pump to convey
1
contaminated groundwaters from beneath the land, treats these groundwaters to remove
contaminants, and return the treated water to a permitted discharge. The Corrective Action Plan
was approved by the Division on October 22, 1992. The Charlotte-Mecklenburg Utility
Department issued a permit to discharge treated water from the pump-and-treat groundwater
remediation system into the nearby sanitary sewer.
The Division of Environmental Management required Goodwill Industries to perform
groundwater monitoring to determine the vertical and lateral extent of contamination at the
beginning on May 8, 1991. The Division also required Goodwill Industries to evaluate the
effectiveness of groundwater cleanup efforts by examining concentrations of substances in recovery
wells. Recovery wells at the Goodwill Industries site are used as sumps to collect groundwater, free
product, and dissolved hydrocarbons from the site. Pumps convey this fluid to the treatment
system. Samples were obtained from six recovery wells located beneath the building, parking lot,
and loading dock areas. Groundwater cleanup using pump-and-treat technology began on May 8,
1991. From May 8, 1991 through September 21, 1994 there was no significant increase or decrease
in concentrations of Benzene and other substances at on-site monitoring wells. The downgradient
monitoring well located offsite to the southeast next to Freedom Drive did not show concentrations
of any substances during this period.
Based on groundwater analysis from May 8, 1991 through September 21, 1994 the Division
of Environmental Management recommended the pump-and-treat system be turned off to determine
if residual contaminants in the soils and subsurface would recontaminate the groundwater, if no
treatment system were operating. In December 1994 groundwater monitoring was conducted at
recovery wells and monitoring wells after the pump-and-treat system had been temporarily turned
off. Four of the seven monitoring wells were sampled and all samples reported Benzene
concentrations below quantitation limits. Concentrations of Benzene in all six recovery wells
showed a significant decrease during this sampling event.
Routine analysis of groundwater samples on April 13, 1995 showed that concentrations of
substances had not been significantly reduced since 1994. Three of seven monitoring wells showed
concentrations of Benzene above the Groundwater Quality Standards of 1 SA NCAC 2L .0202. The
highest concentration in groundwater for a single monitoring well was 0.004 milligrams per liter.
The Groundwater Quality Standard for Benzene is 0.001 milligrams per liter. Samples from the
six recovery wells continued to show levels of Benzene above Groundwater Quality Standards.
Naphthalene was found at a recovery well beneath the building at a concentration of 0.029
milligrams per liter. The Groundwater Quality Standard for Naphthalene is 0.021 milligrams per
liter.
Monitoring wells at this site have shown insignificant reductions in Benzene as a result of
using pump-and treat technology. Although concentrations of substances appear to be decreasing
in recovery wells, significant reductions in the concentrations of Naphthalene and Benzene have
not been observed in recovery wells. No significant increase in concentrations of substances was
observed as a result of the temporary cessation of pump-and-treat operations. On July 28, 1995
Goodwill Industries submitted a variance request to the Chairman of the Environmental
Management Commission pursuant to 15A NCAC 2L .0113(b).
Based on groundwater flow information obtained during the Comprehensive Site Assessment
it is believed that the contaminant plume is moving to the southeast. Goodwill Industries of the
Southern Piedmont has calculated that it will take 10 years for the substances to reach the
downgradient property boundary. The company also asserts that it will take approximately 63 years
for these constituents to reach the nearest tributary of the Catawba River which is Stewart Creek,
assuming no natural degradation or attenuation occurs in the subsurface. No known sources of
2
drinking water from water wells or surface water supplies are known to exist within a 1/2 mile
radius of this property. The Charlotte-Mecklenburg Utilities Department has indicated that the
average depth of public water supply lines in this area are four feet from the ground surface and
are too shallow to be impacted by constituents found in groundwater beneath Goodwill Industries.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 2L .0106G). Goodwill Industries of the Southern Piedmont has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained
in 15A NCAC 2L .0202. The is due to the high probability that continued remediation activities
at the site will not significantly reduce contaminant levels below Groundwater Quality Standards
in 15A NCAC 2L .0202. Since discovery of the release on November 21, 1990 the Goodwill
Industries of the Southern Piedmont has disposed of a total of 1154 tons of diesel fuel
contaminated soil. Goodwill Industries of the Southern Piedmont has treated an estimated
2,108,185 gallons of groundwater to comply with the cleanup requirements of the Corrective
Action Plan that was approved on October 22, 1992. Goodwill Industries reports that a total of
$371,896 has been expended to cleanup this site. This total cost includes approximately $294,774
that was incurred to the State's Underground Storage Tank Trust Fund. Goodwill Industries has
shown that when the operation of the pump-and-treat groundwater remediation system was
temporarily interrupted the groundwater data indicated no increase in the concentration of any
constituent in monitoring wells.
Goodwill Industries of the Southern Piedmont has considered the use of air sparging with
vapor extraction as an alternate technology to the pump-and-treat groundwater remediation system.
The company does not believe this technology is economically reasonable or practical to meet the
requirements of 15A NCAC 2L .0113(c)(5). This is because design and installation of an air
sparging system would need to consider that contaminants at this site are located directly below
the building used to house Goodwill Industries. The company believes that the use of vapor
extraction at this site would necessitate additional measures to protect workers from harmful
concentrations of substances inside the building. The costs required to continually control vapor
flow within the plant and the potential risk to workers offsets any inherent benefits of this cleanup
method. Goodwill Industries of the Southern Piedmont has furnished cost information for an air
sparging system with vapor extraction. The total estimated cost of installing this technology plus
one years maintenance is $100,000. In addition, the company believes that installation of this
technology will necessitate the temporary closing of the facility and result in the subsequent loss
of income.
Goodwill Industries of the Southern Piedmont has examined the potential effectiveness of
enhanced in-situ bioremediation technology for cleaning up the remaining contamination at this
site. Enhanced in-situ bioremediation involves the introduction of nutrients and oxygen into
groundwater through injection wells to assist in building a viable population of microorganisms
that break down chemicals. The company does not believe that this technology is the "best
available technology economically reasonable" as specified in 15A NCAC 2L .0113(c)(5).
Goodwill Industries asserts that the costs of the investigative work to permit injection wells and
develop a corrective action plan would likely exceed the costs of implementing a corrective action
plan relying on air sparging technology. Investigative work to get the appropriate injection well
permits under 15A NCAC 2C .0200 (Criteria and Standards Applicable to Injection Wells) would
involve extensive geologic evaluation, groundwater flow modeling, geochemical studies, and site-
3
specific engineering to develop an appropriate injection well field. In addition, the company would
need to demonstrate that in-situ bioremediation will degrade contaminant below concentrations
listed in 15A NCAC 2L .0202 in order to meet the requirements of 15A NCAC 2L .0106(1). To
do this Goodwill Industries would need to conduct a detailed study of the biologic processes in the
soil and subsurface to assure that the site can support organisms that biologically breakdown
substances.
The hearing will be held as follows:
CHARLOTTE
MARCH 19, 1996
7:00 PM
Mecklenburg County Courthouse -Criminal Courts Building
2nd Floor -Courtroom 2201
700 East Fourth Street
Oral Comments may be made during the hearing, or written statements may be submitted to the
agency by April 19, 1996. Written copies of oral statements exceeding three minutes are requested. Oral
statements may be limited at the discretion of the hearing officers.
Please forward comments or information requests to:
David Hance
EHNR-DEM-Groundwater Section
P.O. Box 29578
Raleigh, NC 27626-0578
Phone: [phone]
Fax: [phone]
4
NOTICE OF VARIANCE APPLICATION AND HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL
RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Notice is hereby given of a variance application and public hearing to be held by the Department
of Environment, Health and Natural Resources on behalf of the Environmental Management Commission.
The hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L
.0202 and the Corrective Action requirements of 15A NCAC 2L .0106 G) for Goodwill Industries of the
Southern Piedmont, Inc. The variance application from Goodwill Industries was received for review by
the Department on July 28, 1995.
The property where the release of petroleum product has occurred is located as follows: Enter the
City of Charlotte from Interstate 85 and take Freedom Drive (US 27) toward downtown. Go 3/4 of a mile.
Goodwill Industries is located at the comer of Berryhill Road and Freedom Drive. The street address for
this property is 2122 Freedom Drive.
Goodwill Industries requests that the Environmental Management Commission grant the following
variance to it's rules under the authority of 15A NCAC 2L .0113 so that it does the following:
(1) Allow concentrations of Benzene, Toluene, Ethyl benzene, Xylene (-o,-m, and p ), Naphthalene,
Methyl Tert-Butyl Ether (MTBE), Dimethyl Phthalate, and 1,2-Dichlorobenzene to remain at levels
above 15A NCAC 2L .0202 standards as analyzed on April 13, 1995. These concentrations will
be required to remain within the property boundaries of the Goodwill Industries of the Southern
Piedmont.
The Goodwill Industries site consists of approximately 2.98 acres of land. Approximately one-
half of the land area is covered by the building that houses Goodwill Industries. Goodwill
Industries of the Southern Piedmont is located within an area with a mixture of commercial,
industrial, and residential development. On November 21, 1991 Goodwill Industries removed a
2,000 gallon underground storage tank containing diesel fuel that was located at the northwest
corner of the building. The tank closure investigation revealed that the tank had leaked it's contents
into surrounding soil. In August 1991 a Comprehensive Site Assessment was completed and
revealed a plume of groundwater contamination beneath the building and parking lot of this
property. The area of the plume was estimated to be approximately 60,000 square feet. Goodwill
Industries submitted a Corrective Action Plan to address soil contamination on April 15, 1992
which was approved and implemented on September 6, 1992. Goodwill Industries later submitted
a separate Corrective Action Plan was submitted to the Division on July 2, 1992 to cleanup
groundwater. The plan called for the implementation of a pump-and-treat groundwater cleanup
system. The Corrective Action Plan was approved by the Division on October 22, 1992.
Beginning in May 1991 the Division of Environmental Management required Goodwill
Industries to perform groundwater monitoring to determine the vertical and lateral extent of
contamination at the site and to determine the effectiveness of groundwater cleanup. Monitoring
wells at this site have shown insignificant reductions in Benzene as a result of using pump-and
treat technology. Groundwater sampling has also been conducted at recovery wells used as sumps
to collect groundwater, free product, and dissolved hydrocarbons. Although concentrations of
substances appear to be decreasing in recovery wells, significant reductions in the concentrations
1
of Naphthalene and Benzene have not been observed in recovery wells. No significant increase in
concentrations of substances was observed as a result of the temporary cessation of pump-and-treat
operations. On July 28, 1995 Goodwill Industries submitted a variance request to the Chairman
of the Environmental Management Commission pursuant to 15A NCAC 2L .0l 13(b).
No known sources of drinking water from water wells or surface water supplies are known
to exist within a 1/2 mile radius of this property. The Charlotte-Mecklenburg Utilities Department
has indicated that the average depth of public water supply lines in this area are four feet from the
ground surface and are too shallow to be impacted by constituents found in groundwater beneath
Goodwill Industries. The company believes that the variance will not impact surface waters in the
area.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 2L .0106(j). Goodwill Industries of the Southern Piedmont has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained
in 15A NCAC 2L .0202. Since discovery of the release on November 21, 1990 the Goodwill
Industries of the Southern Piedmont has disposed of a total of 1154 tons of diesel fuel
contaminated soil. Goodwill Industries of the Southern Piedmont has treated an estimated
2,108,185 gallons of groundwater to comply with the cleanup requirements of the Corrective
Action Plan that was approved on October 22, 1992. Goodwill Industries reports that a total of
$371,896 has been expended to cleanup this site. This total cost includes approximately $294,774
that was incurred to the State's Underground Storage Tank Trust Fund. Goodwill Industries has
shown that when the operation of the pump-and-treat groundwater remediation system was
temporarily interrupted the groundwater data indicated no increase in the concentration of any
constituent in monitoring wells.
Goodwill Industries of the Southern Piedmont has considered the use of air sparging with
vapor extraction as an alternate technology to the pump-and-treat groundwater remediation system.
The company does not believe this technology is economically reasonable or practical to meet the
requirements of 15A NCAC 2L .0113(c)(5). The total estimated cost of installing this technology
plus one years maintenance is $100,000. In addition, the company believes that installation of this
technology will necessitate the temporary closing of the facility and result in the subsequent loss
of income.
Goodwill Industries of the Southern Piedmont has examined the potential effectiveness of
enhanced in-situ bioremediation technology for cleaning up the remaining contamination at this
site. The company does not believe that this technology is the "best available technology
economically reasonable" as specified in 15A NCAC 2L .0l 13(c)(5). Goodwill Industries asserts
that the costs of the investigative work to permit injection wells and develop a corrective action
plan would likely exceed the costs of implementing a corrective action plan relying on air sparging
technology.
2
FEF: [1? P.1
S6 FEB -5 f.M rrJ z
NOTE: 02/08/96
URGENT-NEED REVIEW AND APPROVAL TO PROCEED!!!!!
TO: ARTHUR MOUBERRY,
SUBJECT: PUBLIC NOTICE OF HEARING FOR THE VARIANCE FOR GOODWILL INDUSTRIES
OF THE SOUTHERN PIEDMONT.
Here is a public notice for the proposed variance at Goodwill Industries in Charlotte, NC. Upon
completing your review, I would be glad to take it to · the Director for signature. If changes need to be made
please let me know. Carl Bailey has reviewed this document.
In order to properly notice the public in accordance with the 1 SA NCAC 2L .0113 rules we will
need to get this out to adjacent property owners, publlc officials, local news media, and 130 people on the
Groundwater Rules Mailing list. A total of approximately 150 of these notices will need to go out. These
notices must be signed by the Director AND sent out by February 14, 1996.
THE FINAL DATE AND PLACE FOR THE PUBLIC HEARING HAS BEEN ESTABLISHED. We
will be having the hearing at the Mecklenburg County Courthouse on March 19, 1996 at 7pm. SHERRI
KNIGHT out of the Winston-Salem Regional Office has agreed to be the hearing officer.
IF YOU NEED TO DISCUSS THIS WITH ME l'M AT 715-6189.
, ·Sincere~/
~r#~
David Hance
CC: Carl Bailey
1
/. ('
SMITH
January 23, 1996
CJ
MEMO TO:
FROM
RE ..••
Mr. David Hance
P. O. Box 295782728 -Capital Boulevard
Raleigh, North Carolina 27626-0578
-.
Joyce T. Crisp ,qlc.,,
Conference/Faci~ity Coordinator
Use of University Facilities .••·····
Thank you for your request to use facilities ~t Johnson
C. Smith in March ...
AVAILABLE DATES are: Tuesdays
·Human i ti es 1 O 8
Time: 7:00 P.M.
MARCH: 05-06-07
13-14
19-20-21
26-27-28
W~d~esdays ~-T~ursdays:
COMPLETE the enclosed form, listing you.r preference of
dates •... time .•. and equipment needed. and return to us
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at your earliest convenience and we will confirm ybur needs.
CHARGES for this facility: Humanities ·108 is ..•. $ 175.00.
A deposit or payment in full is requested with ~he returri
of the completed form; the balance by the date of use of th~
facility.
We will look forward to hearing from you in the next few days.
encl: l form
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NOTICE OF VARIANCE APPLICATION AND HEARING
DEPARTMENT OF ENVIRONNIENT, HEALTH AND NATURAL
RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Notice is hereby given of a variance application and public hearing to be held by the Department
of Environment, Health and Natural Resources on behalf of the Environmental Management Commission.
The hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L
.0202 and the Corrective Action requirements of 15A NCAC 2L .0106 G) for Goodwill Industries of the
Southern Piedmont, Inc. The variance application from Goodwill Industries was received for review by
the Department on July 28, 1995.
The property where the release of petroleum product has occurred is located as follows: Enter the
City of Charlotte from Interstate 85 and take Freedom Drive (US 27) toward downtown. Go 3/4 of a mile.
Goodwill Industries is located at the comer of Berryhill Road and Freedom Drive. The street address for
this property is 2122 Freedom Drive.
Goodwill Industries requests that the Environmental Management Commission grant the following
varian9e to it's rules under the authority of 15A NCAC 2L .0113 so that it does the following:
(1) Allow concentrations of Benzene, Toluene, Ethylbenzene, Xylene (-o,-m, and p), Naphthalene,
Methyl Tert-Butyl Ether (MTBE), Dimethyl Phthalate, and 1,2-Dichlorobenzene to remain at levels
above 15A NCAC 2L .0202 standards as analyzed on April 13, 1995. These concentrations will
be required to remain within the property boundaries of the Goodwill Industries of the Southern
Piedmont.
The Goodwill Industries site consists of approximately 2. 98 acres of land. Approximately one-
half of the land area is covered by the building that houses Goodwill Industries. Goodwill
Industries of the Southern Piedmont is located within an area with a mixture of commercial,
industrial, and residential development. On November 21, 1991 Goodwill Industries removed a
2,000 gallon underground storage tank containing diesel fuel that was located at the northwest
corner of the building. The tank closure investigation revealed that the tank had leaked it's contents
into surrounding soil. In August 1991 a Comprehensive Site Assessment was completed and
revealed a plume of groundwater contamination beneath the building and parking lot of this
property. The area of the plume was estimated to be approximately 60,000 square feet. Goodwill
Industries submitted a Corrective Action Plan to address soil contamination on April 15, 1992
which was approved and implemented on September 6, 1992. Goodwill Industries later submitted
a separate Corrective Action Plan was submitted to the Division on July 2, 1992 to cleanup
groundwater. The plan called for the implementation of a pump-and-treat groundwater cleanup
system. The Corrective Action Plan was approved by the Division on October 22, 1992.
Beginning in May 1991 the . Division of Environmental Management required Goodwill
Industries to perform groundwater monitoring to determine the vertical and lateral extent of
contamination at the site and to determine the effectiveness of groundwater cleanup. Monitoring
wells at this site have shown insignificant reductions in Benzene as a result of using pump-and
treat technology. Groundwater sampling has also been conducted at recovery wells used as sumps
to collect groundwater, free product, and dissolved hydrocarbons. Although concentrations of
substances appear to be decreasing in recovery wells, significant reductions in the concentrations
1
of Naphthalene and Benzene have not been observed in recovery wells. No significant increase in
concentrations of substances was observed as a result of the temporary cessation of pump-and-treat
operations. On July 28, 1995 Goodwill Industries submitted a variance request to the Chairman
of the Environmental Management Commission pursuant to 15A NCAC 2L .Ol 13(b).
No known sources of drinking water from water wells or surface water supplies are known
to exist within a 1/2 mile radius of this property. The Charlotte-Mecklenburg Utilities Department
has indicated that the average depth of public water supply lines in this area are four feet from the
ground surface and are too shallow to be impacted by constituents found in groundwater beneath
Goodwill Industries. The company believes that the variance will not impact surface waters in the
area.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 2L .0106Q). Goodwill Industries of the Southern Piedmont has submitted supporting
information demonstrating that the continued application of best available technology will not result
in signifi~ant long term remediation of the site to the Groundwater Quality Standards contained
in 15A NCAC 2L .0202. Since discovery of the release on November 21, 1990 the Goodwill
Industries of the Southern Piedmont has disposed of a total of 1154 tons of diesel fuel
contaminated soil. Goodwill Industries of the Southern Piedmont has treated an estimated
2,108,185 gallons of groundwater to comply with the cleanup requirements of the Corrective
Action Plan that was approved on October 22, 1992. Goodwill Industries reports that a total of
$371,896 has been expended to cleanup this site. This total cost includes approximately $294,774
that was incurred to the State's Underground Storage Tank Trust Fund. Goodwill Industries has
shown that when the operation of the pump-and-treat groundwater remediation system was
temporarily interrupted the groundwater data indicated no increase in the concentration of any
constituent in monitoring wells.
Goodwill Industries of the Southern Piedmont has considered the use of air sparging with
vapor extraction as an alternate technology to the pump-and-treat groundwater remediation system.
The company does not believe this technology is economically reasonable or practical to meet the
requirements of 15A NCAC 2L .Ol 13(c)(5). The total estimated cost of installing this technology
plus one years maintenance is $100,000. In addition, the company believes that installation of this
technology will necessitate the temporary closing of the facility and result in the subsequent loss
of income.
Goodwill Industries of the Southern Piedmont has examined the potential effectiveness of
enhanced in-situ bioremediation technology for cleaning up the remaining contamination at this
site. The company does not believe that this technology is the "best available technology
economically reasonable" as specified in 15A NCAC 2L .0113(c)(5). Goodwill Industries asserts
that the costs of the investigative work to permit injection wells and develop a corrective action
plan would likely exceed the costs of implementing a corrective action plan relying on air sparging
technology .
2
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
February 15, 1996
North Carolina Department of Transportation
P.O. Box 190
Newell, NC 28126
ATTENTION: Mr. Don Spence
AVA
DEHNR
REGARDING: State Road in front of 2212
Freedom Drive in Charlotte, NC
Dear Mr. Spence,
The Department of Environment, Health and Natural Resources has received a
request for a variance from the Groundwater Quality Standards of 15A NCAC 2L
.0202 and Corrective Action requirements of 15A NCAC 2L .0106(j). 15A NCAC 2L
.0113(e)(l)(E) requires adequate notice be given to area properties and adjacent
property owners prior to hearing.
You will find enclosed a Public Notice regarding the variance hearing. Please
refer to the enclosure for additional information. If you have any questions concerning
this variance request, please contact David Hance at [phone].
Enclosure
Groundwater Section, • ~ N'k.C
P.O. Box 29578, Raleigh, North Carolina 27626-0578 --~
2728 Capital Blvd., Raleigh, North Carolina 27604 -
Sincerely,
/J/J//t:iY4c::z
M. Carl Bailey, Jr.
Assistant Chief for Planning
Groundwater Section
Voice 919-733-3221 FAX [phone]
An Equal Opportunity/ Affirmative Action Employer
50% recycled/10"/o post-consumer paper
..
NOTICE OF VARIANCE APPLICATION AND HEARING
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL
RESOURCES
DIVISION OF ENVIRONMENTAL MANAGEMENT
Notice is hereby given of a variance application and public hearing to be held by the Department
of Environment, Health and Natural Resources on behalf of the Environmental Management Commission.
The hearing concerns a request for a variance from the Groundwater Quality Standards of 15A NCAC 2L
.0202 and the Corrective Action requirements of ISA NCAC 2L .0106 G) for Goodwill Industries of the
Southern Piedmont, Inc. The variance application from Goodwill Industries was received for review by
the Department on July 28, 1995.
The property where the release of petroleum product has occurred is located as follows: Enter the
City of Charlotte from Interstate 85 and take Freedom Drive (US 27) toward downtown. Go 3/4 of a mile.
Goodwill Industries is located at the comer of Berryhill Road and Freedom Drive. The street address for
this property is 2122 Freedom Drive.
Goodwill Industries requests that the Environmental Management Commission grant the following
variance to it's rules under the authority of ISA NCAC 2L .0113 so that it does the following:
(1) Allow concentrations of Benzene, Toluene, Ethyl benzene, Xylene (-o,-m, and p ), Naphthalene,
Methyl Tert-Butyl Ether (MTBE), Dimethyl Phthalate, and 1,2-Dichlorobenzene to remain at levels
above 15A NCAC 2L .0202 standards as analyzed on April 13, 1995. These concentrations will
be required to remain within the property boundaries of the Goodwill Industries of the Southern
Piedmont.
The Goodwill Industries site consists of approximately 2.98 acres ofland. Approximately one-
half of the land area is covered by the building that houses Goodwill Industries. Goodwill
Industries of the Southern Piedmont is located within an area with a mixture of commercial,
industrial, and residential development. On November 21, 1991 Goodwill Industries removed a
2,000 gallon underground storage tank containing diesel fuel that was located at the northwest
corner of the building. The tank closure investigation revealed that the tank had leaked it's contents
into surrounding soil. In August 1991 a Comprehensive Site Assessment was completed and
revealed a plume of groundwater contamination beneath the building and parking lot of this
property. The area of the plume was estimated to be approximately 60,000 square feet. Goodwill
Industries submitted a Corrective Action Plan to address soil contamination on April 15, 1992
which was approved and implemented on September 6, 1992. Goodwill Industries later submitted
a separate Corrective Action Plan was submitted to the Division on July 2, 1992 to cleanup
groundwater. The plan called for the implementation of a pump-and-treat groundwater cleanup
system. The Corrective Action Plan was approved by the Division on October 22, 1992.
Beginning in May 1991 the Division of Environmental Management required Goodwill
Industries to perform groundwater monitoring to determine the vertical and lateral extent of
contamination at the site and to determine the effectiveness of groundwater cleanup. Monitoring
wells at this site have shown insignificant reductions in Benzene as a result of using pump-and
treat technology. Groundwater sampling has also been conducted at recovery wells used as sumps
to collect groundwater, free product, and dissolved hydrocarbons. Although concentrations of
substances appear to be decreasing in recovery wells, significant reductions in the concentrations
1
of Naphthalene and Benzene have not been observed in recovery wells. No significant increase in
concentrations of substances was observed as a result of the temporary cessation of pump-and-treat
operations. On July 28, 1995 Goodwill Industries submitted a variance request to the Chairman
of the Environmental Management Commission pursuant to 15A NCAC 2L .Ol 13(b).
No known sources of drinking water from water wells or surface water supplies are known
to exist within a 1/2 mile radius of this property. The Charlotte-Mecklenburg Utilities Department
has indicated that the average depth of public water supply lines in this area are four feet from the
ground surface and are too shallow to be impacted by constituents found in groundwater beneath
Goodwill Industries. The company believes that the variance will not impact surface waters in the
area.
2) Allow for the restoration of groundwater without requiring remedial actions in accordance with
15A NCAC 2L .01060). Goodwill Industries of the Southern Piedmont has submitted supporting
information demonstrating that the continued application of best available technology will not result
in significant long term remediation of the site to the Groundwater Quality Standards contained
in ISA NCAC 2L .0202. Since discovery of the release on November 21, 1990 the Goodwill
Industries of the Southern Piedmont has disposed of a total of 1154 tons of diesel fuel
contaminated soil. Goodwill Industries of the Southern Piedmont has treated an estimated
2,108,185 gallons of groundwater to comply with the cleanup requirements of the Corrective
Action Plan that was approved on October 22, 1992. Goodwill Industries reports that a total of
$371,896 has been expended to cleanup this site. This total cost includes approximately $294,774
that was incurred to the State's Underground Storage Tank Trust Fund. Goodwill Industries has
shown that when the operation of the pump-and-treat groundwater remediation system was
temporarily interrupted the groundwater data indicated no increase in the concentration of any
constituent in monitoring wells.
Goodwill Industries of the Southern Piedmont has considered the use of air sparging with
vapor extraction as an alternate technology to the pump-and-treat groundwater remediation system.
The company does not believe this technology is economically reasonable or practical to meet the
requirements of 15A NCAC 2L .0113(c)(5). The total estimated cost of installing this technology
plus one years maintenance is $100,000. In addition, the company believes that installation of this
technology will necessitate the temporary closing of the facility and result in the subsequent loss
of income.
Goodwill Industries of the Southern Piedmont has examined the potential effectiveness of
enhanced in-situ bioremediation technology for cleaning up the remaining contamination at this
site. The company does not believe that this technology is the "best available technology
economically reasonable" as specified in 15A NCAC 2L .Ol 13(c)(5). Goodwill Industries asserts
that the costs of the investigative work to permit injection wells and develop a corrective action
plan would likely exceed the costs of implementing a corrective action plan relying on air sparging
technology.
2
!
,
DIVISION OF ENVIRONMENTAL MANAGEiv.lENT
Groundwater Section
January 12, 1996
Iv.lEMORANDUM
TO: A. Preston Howard, Jr. P.E.
THROUGH: Arthur Mouberry, P.E. <11?
Chief, Groundwater Section
FROM: Carl Bailey {.h .
Assistant Chief for Planning, Groundwater Section
SUBJECT: Variance Request for the Goodwill Industries of the Southern Piedmont in
Charlotte, North Carolina.
The Groundwater Section is in the process of reviewing a request for variance from
Title 15A North Carolina General Statutes, Subchapter 2L "Classi fi cations and Water Quality
Standards A pp licable to the Groundwaters o(North Carolina" for the subject site. The
petitioner, Goodwill Industries of the Southern Piedmont, requests a variance from 15A
NCAC 2L .0202 (Groundwater Quality Standards) and 15A NCAC 2L .01060) (Corrective
Action Plans). ··
Attached for your consideration is a memorandum in which staff have provided
comments concerning the information required to be submitted ... in support of the request in
accordance with 15A NCAC 2L. 0113(c) and which must be considered by the Environmental
Management Commission (EMC) prior to granting a variance. Based on the information
received thus far, this facility seems to be a good candidate for a variance. Your concurrence
is needed so that the Division can proceed with public notice of hearing in accordance with
procedures set out in 15A NCAC 2L .0113(d) and (e) and for subsequent review by the
Environmental Management Commission.
1
(.
J' •
The Groundwater Section would like present this request as an information item to the
Groundwater Committee at the February 8, 1996 meeting, if the Committee Chairman
chooses to hold a meeting. If you have any questions concerning this matter please contact
me at 733-3221.
Attachments
cc: Arthur Mouberry
Groundwater Section Assistant Chiefs
David Hance
--
2
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
January 12, 1996
MEMORANDUM
To:
From:·
Subject:
Preston Howard
Arthur Mouberry <:fi3
Request for Variance from 15A NCAC 2L .0202 and 15A
NCAC 2L .01060) for a Site Owned by Goodwill Industries of the Southern
Piedmont at 2122 Freedom Drive in Charlotte, North Carolina (Mecklenburg
County) {Groundwater Incident Number 8094}.
Goodwill Industries of the Southern Piedmont is a non-profit organization and serves
as a vocational rehabilitation training center for the handicapped. A 2,000 gallon underground
storage tank containing diesel fuel was removed from the site on November 21, 1990.
Pursuant to title 15A NCAC 2L .0l 13(c) variance applications are required to contain specific
information in order to adequately review a request. Goodwill Industries variance application
is contained in a report titled "Variance Request Incident Number 8094 Goodwill Industries of
the Southern Piedmont. Inc. 2122 Freedom Drive Charlotte. North Carolina S&ME Project
No. 1354-93-410". In addition, the Groundwater Section requested Goodwill Industries
provide clarifying information and editorial corrections to some of the information submitted
in the report. The corrected information is shown in memoranda submitted on November 27th,
December 4th, and December 7th of 1995. The information submitted by S&ME
Incorporated on behalf of Goodwill Industries of the Southern Piedmont appears to meet the
requirements of 15A NCAC 2L .0l 13(c) and is summarized as follows:
Rule .0l 13(c)(l): Resolution by the Countv or governing Board:
Goodwill Industries of the Southern Piedmont has always been a private
non-profit organization. No resolution is necessary.
1
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
January 12, 1996
MEMORANDUM
To:
From:·
Subject:
Preston Howard
Arthur Mouberry (?
Request for Variance from 15A NCAC 2L .0202 and 15A
NCAC 2L .01060) for a Site Owned by Goodwill Industries of the Southern
Piedmont at 2122 Freedom Drive in Charlotte, North Carolina (Mecklenburg
County) {Groundwater Incident Number 8094}.
Goodwill Industries of the Southern Piedmont is a non-profit organization and serves
as a vocational rehabilitation training center for the handicapped. A 2,000 gallon underground
storage tank containing diesel fuel was removed from the site on November 21, 1990.
Pursuant to title 15A NCAC 2L .Ol 13(c) variance applications are required to contain specific
information in order to adequately review a request. Goodwill Industries variance application
is contained in a report titled "Variance Re quest Incident Number 8094 Goodwill Industries of
the Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North Carolina S&ME Pro ject
No. 1354-93-410". In addition, the Groundwater Section requested Goodwill Industries
provide clarifying information and editorial corrections to some of the information submitted
in the report. The corrected information is shown in memoranda submitted on November 27th,
December 4th, and December 7th of 1995. The information submitted by S&ME
Incorporated on behalf of Goodwill Industries of the Southern Piedmont appears to meet the
requirements of 15A NCAC 2L .0113( c) and is summarized as follows:
Rule .0113 {c)(l): Resolution by the County or governing Board:
Goodwill Industries of the Southern Piedmont has always been a private
non-profit organization. No resolution is necessary.
1
DMSION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
January 12, 1996
MEMORANDUM
To:
From:
Subject:
Preston Howard
Arthur Mouberry ~
Request for Variance from 15A NCAC 2L .0202 and 15A
NCAC 2L .01060) for a Site Owned by Goodwill Industries of the Southern
Piedmont at 2122 Freedom Drive in Charlotte, North Carolina (Mecklenburg
County) {Groundwater Incident Number 8094}.
Goodwill Industries of the Southern Piedmont is a non-profit organization and serves
as a vocational rehabilitation training center for the handicapped. A 2,000 gallon underground
storage tank containing diesel fuel was removed from the site on November 21, 1990.
Pursuant to title 15A NCAC 2L .0l 13(c) variance applications are required to contain specific
information in order to adequately review a request. Goodwill Industries variance application
is contained in a report titled "Variance Re q uest Incident Number 8094 Goodwill Industries of
the Southern Piedmont. Inc. 2122 Freedom Drive Charlotte. North Carolina S&ME Pro ject
No. 1354-93-410". In addition, the Groundwater Section requested Goodwill Industries
provide clarifying information and editorial corrections to some of the information submitted
in the report. The corrected information is shown in memoranda submitted on November 27th,
December 4th, and December 7th of 1995. The information submitted by S&ME
Incorporated on behalf of Goodwill Industries of the Southern Piedmont appears to meet the
requirements of 15A NCAC 2L .0113(c) and is summarized as follows:
Rule .0l 13 (c)(l): Resolution b y the County or governing Board:
Goodwill Industries of the Southern Piedmont has always been a private
non-profit organization. No resolution is necessary.
1
Rule .Ol 13(c)(2): A description of past, existing or proposed activities that would result in a
discharge of contaminants into groundwater:
Goodwill Industries of the Southern Piedmont is located inside the city
limits of Charlotte, North Carolina at 2122 Freedom Drive (Parcel Number 071-
063-13). The report titled "Variance Request Incident Number 8094 Goodwill
Industries of the Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North
Carolina S&ME Proiect No. 1354-93-410 contains the relevant information about
this site. This facility is at the corner of Freedom Drive and· Berry Hill Road as
shown in Figure 1 of Appendix in the report from S&ME Incorporated. The
Goodwill Industries site consists of approximately 2.98 acres of land.
Approximately one-half of the land area is covered by the building that houses
Goodwill Industries. The former owner of this location was A.G. Boone Trucking
Company. A 2,000 gallon underground storage tank containing diesel fuel was at
the northwest corner of the building. This underground storage tank was
removed on November 21, 1990 and the release was subsequently discovered upon
tank closure. Goodwill Industries does not have any other underground storage
tanks on this property. No other existing or potential sources of groundwater
contamination were identified at this property by Goodwill Industries. Goodwill
Industries of the Southern Piedmont and all adjacent properties are in an area
with a mixture of commercial, industrial, and residential development.
The tank closure report documented the removal of 240 tons of soil
contaminated with diesel fuel. Analytical tests of soils within the excavation area
did not indicate contamination below 21 feet from the ground surface. In August
1991 a Comprehensive Site Assessment was completed. The site assessment
revealed a groundwater plume from a small area of contamination adjacent to
the building. This area of contamination was at the northwest corner of Goodwill
Industries near the companies loading dock and adjacent to the area where the
diesel fuel pump had been located. The area of the plume was estimated to be
approximately 60,000 square feet ( 400 feet long by 150 feet long). Monitoring
indicated that the vertical extent of this plume was approximately 44 feet below
the ground surface. The company estimated that approximately 5,924,952 gallons
of groundwater had been contaminated by the release.
On April 14, 1992 Goodwill Industries of the Southern Piedmont was
informed that the Comprehensive Site Assessment had been completed to the
satisfaction of the Division. Goodwill Industries submitted a Corrective Action
Plan to address soil contamination on April 15, 1992. From September 6, 1992
through November 9, 1992 approximately 914 tons of soil was excavated and
treated offsite adjacent to the loading dock area. The treatment method used for
this soil was thermal incineration. A Corrective Action Plan or "Remedial Action
Plan" was submitted to the Division on July 2, 1992 to cleanup groundwater
2
using pump-and-treat technology. Implementation of the Corrective Action Plan
was approved by the Division on October 22, 1992. The Charlotte Mecklenburg
Utility Department (CMUD) issued a permit to discharge treated water from the
pump-and-treat groundwater remediation system into the nearby sanitary sewer.
The Division of Environmental Management required Goodwill Industries
to perform groundwater monitoring to determine the vertical and lateral extent
of contamination at the site. On September 21, 1994 the company conducted
comprehensive groundwater sampling at eight monitoring wells. The deepest of
the monitoring wells is known as "DMW-3" and is 44 feet below the land surface.
Groundwater samples were analyzed using US Environmental Protection Methods
602 and 625. Only Benzene was found in the monitoring wells. The highest
concentration found in a monitoring well in exceedence of the 15A NCAC 2L
.0202 Groundwater Quality Standard for Benzene during this sampling event was
0.011 milligrams/Liter in Monitoring Well# 4.
The Division also required Goodwill Industries to evaluate the effectiveness
of groundwater cleanup efforts by examining concentrations of substances
recovery wells used as sumps to collect free product and dissolved hydrocarbons
from the site. Samples were obtained from six recovery wells located beneath the
building, parking lot, and loading dock areas. Groundwater samples were
analyzed using US Environmental Protection Methods 602 and 625. The highest
Benzene concentration in a recovery well showed 0.290 milligrams/Liter at
Recovery Well # 5 beneath the building. Downgradient Monitoring Well # 7
located offsite southeast next to Freedom Drive did not show any concentrations
above practical quantitation levels.
Based on these results the Division of Environmental Management
recommended the pump-and-treat system be turned off for a period of two
months to determine if residual contaminants in the soils and subsurface would
recontaminate the groundwater, if no treatment system were operating. In
December 1994 groundwater monitoring was conducted at recovery wells and
monitoring wells after the pump-and-treat system had been temporarily turned
off. Four of the seven monitoring wells were sampled and all samples reported
Benzene concentrations below quantitation limits. Concentrations of Benzene in
all six recovery wells showed a significant decrease during this sampling event.
Based on the results of the December 1994 monitoring, Goodwill Industries
of the Southern Piedmont informed the Charlotte-Mecklenburg Utilities
Department (CMUD) in January 1995 that it intended to request a variance at
this site. In Appendix III the January 12, 1995 memorandum from CMUD
informed the responsible party that the existing permit to discharge treated
groundwater into the sewer system would be extended beyond August 31, 1995
for an additional year, if the variance to terminate remediation is not granted by
the Commission during the time. As shown in Appendix III, CMUD stated that
the permit would be "extended" not "re-issued". On July 28, 1995 Goodwill
Industries sent a variance request to the Chairman of the Environmental
Management Commission pursuant to 15A NCAC 2L .0113(b).
3
Rule .Ol 13 (c)(2): A description of past , existin g or pro posed activities that would result in a
discharge of contaminants into groundwater:
Goodwill Industries of the Southern Piedmont is located inside the city
limits of Charlotte, North Carolina at 2122 Freedom Drive (Parcel Number 071-
063-13). The report titled "Variance Re q uest Incident Number 8094 Goodwill
Industries of the Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North
Carolina S&ME Pro ject No. 1354-93-410 contains the relevant information about
this site. This facility is at the corner of Freedom Drive and · Berry Hill Road as
shown in F igure 1 of Appendix in th·e report from S&ME l1n~orp-orated. T he
Goodwill Industries site consists of approximately 2.98 acres of land.
Approximately one-half of the land area is covered by the building that houses
Goodwill Industries. The former owner of this location was A.G. Boone Trucking
Company. A 2,000 gallon underground storage tank containing diesel fuel was at
the northwest corner of the building. This underground storage tank was
removed on November 21, 1990 and the release was subsequently discovered upon
tank closure. Goodwill Industries does not have any other underground storage
tanks on this property. No other existing or potential sources of groundwater
contamination were identified at this property by Goodwill Industries. Goodwill
Industries of the Southern Piedmont and all adjacent properties are in an area
with a mixture of commercial, industrial, and residential development.
The tank closure report documented the removal of 240 tons of soil
contaminated with diesel fuel. Analytical tests of soils within the excavation area
did not indicate contamination below 21 feet from the ground surface. In August
1991 a Comprehensive Site Assessment was completed. The site assessment
revealed a groundwater plume from a small area of contamination adjacent to
the building. This area of contamination was at the northwest corner of Goodwill
Industries near the companies loading dock and adjacent to the area where the
diesel fuel pump had been located. The area of the plume was estimated to be
approximately 60,000 square feet ( 400 feet long by 150 feet long). Monitoring
indicated that the vertical extent of this plume was approximately 44 feet below
the ground surface. The company estimated that approximately 5,924,952 gallons
of groundwater had been contaminated by the release.
On April 14, 1992 Goodwill Industries of the Southern Piedmont was
informed that the Comprehensive Site Assessment had been completed to the
satisfaction of the Division. Goodwill Industries submitted a Corrective Action
Plan to address soil contamination on April 15, 1992. From September 6, 1992
through November 9, 1992 approximately 914 tons of soil was excavated and
treated offsite adjacent to the loading dock area. The treatment method used for
this soil was thermal incineration. A Corrective Action Plan or "Remedial Action
Plan" was submitted to the Division on July 2, 1992 to cleanup groundwater
2
Potential sources of groundwater contamination in the area are shown in
Figure 2 in the report "Variance Req uest Incident Number 8094 Goodwill
Industries of the Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North
Carolina S&ME Pro ject No. 1354-93-410" and include the following:
1) A retail gasoline station presently owned by Servco located
approximately 800 feet northwest of Goodwill Industries on
Freedom Drive;
2) A fuel oil tank located approximately 250 feet to the northeast from
Goodwill Industries. This fuel oil tank appears to be on property
owned by Flemming Laboratories Incorporated;
3) An H 2SO4 tank located approximately 250 feet to the northeast
from Goodwill Industries. This chemical tank appears to be on
property owned by Flemming Laboratories Incorporated; ;
4) An area containing what is described as "hazardous waste drums"
approximately 250 to 300 feet to the east from Goodwill Industries.
Figure # 2 appears to show that these drums are on property owned
by Flemming Laboratories Incorporated.
5) Monitoring Wells owned by Flemming Laboratories Incorporated.
These wells are located to the east and northeast of the Goodwill
Industries site.
6) Berry Hill Road (a public roadway);
7) Freedom Drive (a public roadway);
8) A CSX Transportation Incorporated railroad line that is to the
northeast and east of Goodwill Industries. The former owner of this
line was the Piedmont and Northern Railroad Company;
9) A sewer line that is within of few feet of the southwest property line
of Goodwill industries. This sewer runs from northwest to southeast
parallel to the Goodwill Industries property line;
10) A storm drain line that is within of few feet of the southwest
property line of Goodwill industries. This storm drain runs from
northwest to southeast parallel to the Goodwill Industries property
line; and
4
Potential sources of groundwater contamination in the area are shown in
Figure 2 in the report "Variance Re q uest Incident Number 8094 Goodwill
Industries of the Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North
Carolina S&ME Pro ject No. 1354-93-410" and include the following:
1) A retail gasoline station presently owned by Servco located
approximately 800 feet northwest of Goodwill Industries on
Freedom Drive;
2) A fuel oil tank located approximately 250 feet to the northeast from
Goodwill Industries. This fuel oil tank appears to be on property
owned by Flemming Laboratories Incorporated;
3) An H 2SO 4 tank located approximately 250 feet to the northeast
from Goodwill Industries. This chemical tank appears to be on
property owned by Flemming Laboratories Incorporated; ;
4) An area containing what is described as "hazardous waste drums"
approximately 250 to 300 feet to the east from Goodwill Industries.
Figure # 2 appears to show that these drums are on property owned
by Flemming Laboratories Incorporated.
5) Monitoring Wells owned by Flemming Laboratories Incorporated.
These wells are located to the east and northeast of the Goodwill
Industries site.
6) Berry Hill Road (a public roadway);
7) Freedom Drive (a public roadway);
8) A CSX Transportation Incorporated railroad line that is to the
northeast and east of Goodwill Industries. The former owner of this
line was the Piedmont and Northern Railroad Company;
9) A sewer line that is within of few feet of the southwest property line
of Goodwill industries. This· sewer runs from northwest to southeast
parallel to the Goodwill Industries property line;
10) A storm drain line that is within of few feet of the southwest
property line of Goodwill industries. This storm drain runs from
northwest to southeast parallel to the Goodwill Industries property
line; and
4
11) Numerous other storm drain lines and sewer lines that are in the
general area.
The property for which the variance is requested is entirely owned by
Goodwill Industries of the Southern Piedmont. The groundwater that was
impacted by the release is located beneath the building and the parking lot area.
A fence is located at the northeast side of the building. Access to impacted
groundwater at the site by workers, visitors, and unlawful intruders is under the
control of the responsible party.
Rule .0113 (c)(3): Description of the pro posed area for which the variance is re quested:
This variance is for an area entirely within the property boundaries of the
Goodwill Industries of the Southern Piedmont. Maps of this area are shown in
Figure 3 and Appendix II of the report titled "Variance Re q uest Incident
Number 8094 Goodwill Industries of the Southern Piedmont, Inc. 2122 Freedom
Drive Charlotte, North Carolina S&ME Pro ject No. 1354-93-410". The
contaminated area is in the form of an ellipse with it's longitudinal axis from
northwest to southeast. The southeastern side of this ellipse is within a few feet
of the storm drain line and sewer line that runs alongside Freedom Drive.
More specifically the area for which the variance is requested is bounded
to the north by the property line with Suburban Propane Company. This area
laterally extends to the northeast toward the Suburban Propane Company
property line, running beneath the Goodwill Industries Building, but does not
extend as far as Monitoring Well # 6. The lateral area extends southeast toward
property owned by D.L. Appliance Company but not as far as Monitoring Well#
7. The southwestern boundary of this area is at the property line that runs
parallel with Freedom Drive. The western extent of this area is beneath the
building and does not go as far as the position of Monitoring Well # 1. The extent
of the northwest boundary includes part of the asphalt parking lot but does not
go beyond the site where the diesel underground storage tank pump island once
existed. The lateral extent of this plume stops before it reaches Monitoring Well#
2.
The concentration of contaminants in groundwater is primarily influenced
by the direction and rate of groundwater flow. Goodwill Industries asserts that
groundwater flow from the site travels toward a tributary of Stewart Creek
approximately 700 feet to the southeast. This creek discharges into the Catawba
River. The groundwater flow rate was obtained from information in the
Comprehensive Site Assessment (CSA). Based on information in the CSA,
Goodwill Industries of the Southern Piedmont asserts that groundwater in the
area flows in a southeast direction. The 1994 groundwater monitoring results
5
from recovery wells beneath the building indicated that the contaminant plume is
moving in a southeasterly direction toward Freedom Drive. The estimated
groundwater flow velocity in the subsurface is approximately 11 feet/year. The
company asserts that at this rate of groundwater movement the plume of
petroleum hydrocarbon contamination will enter Stewart Creek in approximately
63 years, assuming no natural degradation or attenuation of the plume occurs
(See page 9 of the report).
Page 3 of the report states that the company does not believe that any
natural geologic structures exist in the subsurface beneath the site that would
have the effect of creating an impermeable boundary to groundwater movement.
Goodwill Industries believes that the depth to bedrock beneath the site is between
50 and 100 feet. No other properties owned by Goodwill Industries of the
Southern Piedmont or properties owned by other persons are being included in
this application for variance. (refer to Appendix II of the report).
Rule .0113{c)(4): Supporting information to establish that the variance will not
endanger the public health and safety ... :
The part of the variance concerning Groundwater Quality Standards
shown in 15A NCAC 2L. 0202 has been requested for Benzene, Ethylbenzene,
Toluene, Xylene(-o,-m, and p), Naphthalene, Methyl Tert-Butyl Ether (MTBE),
Dimethyl Phthalate, and 1,2-Dichlorobenzene. In order to assess health impacts
from this site, monitoring wells were sampled at this site to assess the extent of
contamination and concentration levels of substances. Concentrations of
substances in recovery wells were also examine to determine the effectiveness of
the pump, and treat system at removing these chemicals.
Groundwater monitoring data from Goodwill Industries of the Southern
Piedmont indicates that this site does not pose a hazard to the public. Sampling
and analysis has been conducted since May 8, 1991 at monitoring wells and
recovery wells. Three sampling events occurred in March, September, December
of 1994 and the last sampling and analysis was done on April 13, 1995. USEP A
Method 602 and Method 625 were the analytical methods used for samples
collected at the Goodwill Industries site. USEP A Method 602 is used to assess the
concentration levels of Benzene, Toluene, Ethylbenzene, Xylenes, and MTBE.
USEP A Method 625 is used to examine the concentrations of phthalate
compounds, 1,2-Dichlorobenzene, Base/Neutral Extractables, and Naphthalene.
The highest concentration of any substance found at this site was 0.590
milligrams per liter (mg/L) or 590 micrograms per liter (ug/L) of Dimethyl
Phthalate in Recovery Well# 5. The Groundwater Quality Standard for this
substance is zero pursuant to 15A NCAC 2L .0202(c). The lateral extent of this
reported contamination is shown in Figure 4 of Appendix II. Dimethyl Phthalate
was not detected in any other recovery wells or in monitoring wells during this
sampling event. Analysis of subsequent groundwater samples in 1994 and 1995
6
did not reveal Dimethyl Phthalate contamination in Recovery Well# 5, other
recovery wells, or monitoring wells.
In Table 2 of the report, the December 9, 1994 groundwater sampling was
conducted at monitoring wells showed the concentrations of Benzene, Toluene,
Ethylbenzene, Xylenes, and MTBE below their respective Groundwater Quality
Standards in 15A NCAC 2L .0202. None of the monitoring wells showed
concentrations of these substances above practical quantitation limits. The only
wells that showed any concentration levels above Groundwater Quality Standards
in 15A NCAC 2L .0202 from the USEP A Method 602 analysis were the recovery
wells (RW #1 through RW # 6). The highest concentration in any single recovery
well during this period was 0.071 milligrams per Liter (mg/L) or 71 micrograms
per Liter (ug/L) at RW # 5. The analysis of samples using USEP A Method 625
did not reveal any concentrations of phthalate compounds, 1,2-Dichlorobenzene,
or Naphthalene in the monitoring wells above the Groundwater Quality
Standards in 15A NCAC 2L .0202. Base/Neutral extractable compounds, such as
Anthracene, did not appear in concentrations above Groundwater Quality
Standards or Interim Maximum Allowable Concentrations in any of these wells.
Recovery Well# 5 showed Naphthalene at 0.062 mg/Lor 62 ug/L. The
Groundwater Quality Standard for Naphthalene is 0.021 mg/L (21 ug/L). This
recovery well is located in the center of the building which houses Goodwill
Industries of the Southern Piedmont. It is important to note that this December
1994 sampling event bad occurred some time after the pump-and-treat system
had been temporarily turned off pursuant to the Division's instructions. No
significant increase in concentrations of substances was observed as a result of the
temporary cessation of pump-and-treat cleanup.
On April 13, 1995 Goodwill Industries conducted a routine sampling of
monitoring and recovery wells at the site. Table 2 shows results from USEP A
Method 602 analysis. Three monitoring wells (MW # 3, DMW # 3, and MW # 4
had concentrations of Benzene above the Groundwater Quality Standard of 0.001
mg/L (1 ug/L). Monitoring Well# 4 had the highest concentration of Benzene at
0.004 mg/Lor 4 ug/L. Recovery Wells #1 through# 6 showed levels of Benzene
above the Groundwater Quality Standard established by 15A NCAC 2L .0202.
USEP A Method 625 analysis did not reveal any chemicals in monitoring wells
above practical quantitation limits. Table 2 shows that Naphthalene continues to
be present in Recovery Well # 5 at a concentration above the standard in 15A
NCAC 2L .0202. Naphthalene was found in this well at 0.029 mg/L or 29 ug/L.
The Groundwater Quality Standard for Naphthalene is 0.021 mg/L (21 ug/L). No
other recovery wells have shown any constituents in exceedence of the standards
contained in 15A NCAC 2L .0202 as a result of analysis using USEP A Method
625.
Goodwill Industries of the Southern Piedmont has attempted to define the
vertical extent of groundwater contamination beneath the site. The deepest well
(DMW # 3) is 44 feet below the ground surface. Groundwater sampling and
analysis was conducted using USEP A Method 602 and Method 625 at three
7
separate times in 1994 as shown in Table# 2. The analysis of the September 21,
1994 sampling event for DMW #3 showed a concentration of Benzene at 0.003
milligrams per liter. This level is in exceedence of the Groundwater Quality
Standard of 0.001 milligrams per liter for this substance in 15A NCAC 2L .0202.
The analysis of all other samples taken from this well in 1994 did not reveal any
other chemical constituent from the petroleum release. A semi-annual sample was
taken on April 13, 1995 at the monitoring well DMW # 3 and showed a Benzene
concentration at 0.002 mg/L or 2 ug/L. No other substances normally associated
with a release of diesel fuel were found in this monitoring well during the April
1995 sampling. (see Table 2 of the report).
Page 8 of the report states that the downgradient recovery well (RW # 6)
has not shown " ... any EPA Method 625 compounds and only 28 ug/1, of benzene ... ".
Analysis of samples from the downgradient monitoring well MW # 7 has not
shown any substances as a result of using USEP A Method 602 or Method 625.
Based on the groundwater flow velocity of 11 feet per year from the site
assessment, the company estimates that the time it will take the petrochemical
plume to reach monitoring well # 7 is 4.5 years. Goodwill Industries believes . that
it will take a 'total of 10 years for the substances to reach the downgradient
property boundary. These estimates are based on conservative assumptions that
the plume will not be impacted by natural remedial processes and attenuation
effects within the subsurface.
It is not anticipated that rainfall events will significantly impact the
movement of contaminants offsite. The area where groundwater monitoring
results showed concentrations of Benzene, Naphthalene, and Dimethyl Phthalate
above the standards is beneath the building that houses Goodwill Industries of
the Southern Piedmont. The area outside this structure is covered by an asphalt
driveway and parking area.
No sources of drinking water from water wells or surface water are known
to exist.within a 1/2 mile radius of the Goodwill Industries of the Southern
Piedmont. The requirements for variance applications in 15A NCAC 2L
.0113(c)(4) specify that locations of drinking water wells and other water supply
sources that are within one-half mile of the site must be shown on a map. The
report from Goodwill Industries states that there are no drinking water wells
within one-half mile of the site for which the variance has been requested. The
December 7, 1995 memorandum referencing "Private Drinking Water
Information" shows that there are no drinking water supply intakes at surface
water bodies located within a 1/2 mile radius of the site. Drinking water for the
City of Charlotte is obtained from Mountain Island Lake on the Catawba River
five miles north-northwest of the site. All downgradient properties are supplied
drinking water from the City of Charlotte. There are approximately six
groundwater monitoring wells near the railroad tracks and Flemming
8
Laboratories Incorporated. These are to the northeast of the Goodwill Industries
and are cross-gradient from the site. It appears unlikely that the presence of these
wells would result in the movement of petroleum contamination from Goodwill
Industries into groundwater.
It is highly improbable that public water supply lines will be impacted by
this variance. The nearest water supply lines are a 20 inch line that runs parallel
on Freedom Drive and an eight inch ~upply line that runs along Berry Hill Road.
The Groundwater Section contacted the Administration Division at the Charlotte-
Mecklenburg Utility Department (704-399-2551) and was informed that the
average ·depth of these water lines from the ground surface is four feet.
Groundwater contamination beneath Goodwill Industries is too deep within the
subsurface to impact these lines.
Rule .0113 (c )(5): Supp ortin g information to establish that re quirements of the rule cannot be
achieved by providing best available technolo gy economically reasonable:
The part of the request that concerns variance to Corrective Action in 15A
NCAC 2L .0106(j) will allow Goodwill Industries of the Southern Piedmont to
discontinue Corrective Action at this site. Goodwill Industries of the Southern
Piedmont has submitted supporting information in the report and other
documents demonstrating that the continued application of BAT will not result in
significant long term remediation of the site to the Groundwater Quality
Standards, contained in 15A NCAC 2L .0202. The is due to the high probability
that continued remediation activities at the site will not significantly reduce
contaminant levels below Groundwater Quality Standards in 15A NCAC 2L
.0202. Since discovery of the release on November 21, 1990 the Goodwill
Industries of the Southern Piedmont has disposed of a total of 1154 tons of diesel
fuel contaminated soil. Goodwill Industries of the Southern Piedmont has
treated approximately 2,108,185 gallons of groundwater to comply with the
cleanup requirements of the Corrective Action Plan that was approved on
October 22, 1992. Page 11 of the report titled "Variance Req uest Incident
Number 8094 Goodwill Industries of the Southern Piedmont, Inc. 2122 Freedom
Drive Charlotte, North Carolina S&ME Pro ject No. 1354-93-410" states that a
total of $371,896 has been expended to cleanup this site. Goodwill Industries of
the Southern Piedmont has incurred $77,122 of this total in the form of State
Trust Fund deductibles and non-reimbursed items.
Concentrations of substances in the groundwater have not been
significantly reduced over the last year as shown in Table 2 of the report.
Monitoring wells have shown insignificant reductions in Benzene using pump-and
treat technology. Significant reductions in the concentrations of Naphthalene and
Benzene have not been observed in recovery wells. It is also important to note
that when the operation of the pump-and-treat groundwater remediation system
was temporarily interrupted groundwater monitoring data indicated no increase
9
in the concentration of any constituent.
In order to demonstrate that the requirements of the rule cannot be
achieved using best available technology, Title 15A NCAC 2L .0113(c)(5) requires
that specific technology considered be identified, the costs of implementing the
technology be shown, and the impacts of the costs on the applicant be provided.
Goodwill Industries of the Southern Piedmont has considered the use of air
sparging with vapor extraction as an alternate technology to the pump-and-treat
groundwater remediation system. The company does not believe this technology
is practical to meet the requirements of 15A NCAC 2L .0113(c)(5). In order to
meet EHNR air quality standards, an air sparging system would need to be used
in conjunction with vapor extraction to prevent fugitive vapors from spreading
into the environment. The company asserts that two air sparging wells would
need to be located inside the building in order to have an effective remediation
system. The use of vapor extraction at the Goodwill Industries site would
necessitate additional measures to protect workers from harmful concentrations
of substances inside the building. The costs required to continually control vapor
flow within the plant and the potential risk to workers offsets any inherent
benefits of this cleanup method. Pursuant to the requirements of 15A NCAC 2L
.0113(c)(5), the company does not believe that air sparging with vapor extraction
an "economically reasonable" technology for this site.
The Goodwill Industries of the Southern Piedmont has furnished cost
information for an air sparging system with vapor extraction in Table 3 of the
report "Variance Request Incident Number 8094 Goodwill Industries of the
Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North Carolina S&ME
Proiect No. 1354-93-410". This information is summarized as follows:
Technology
Air Sparging System
Soil Vapor Extraction System
Piping & Underground Utilities
Permitting, Project Management,
On-Site Supervision Plus Operation
and Maintenance for One-Year
Total Cost ($)
$21,000
$17,600
$23,000
$38,400
Estimated Total Cost = $100,000
Goodwill Industries has examined the potential effectiveness
of enhanced in-situ bioremediation technology for cleaning up the remaining
contamination at this site. Enhanced in-situ bioremediation involves the
introduction of nutrients and oxygen into groundwater. The company does not
believe that this technology is the "best available technology economically
reasonable" as specified in 15A NCAC 2L .0113(c)(5). If enhanced in-situ
bioremediation was selected as the cleanup method for the Goodwill Industries
site it would involve the use of injection wells to introduce nutrient substances
into the subsurface that would assist in biodegradation. In order to permit
injection wells under the current rules in 15A NCAC 2C .0200 they would have to
permitted as Type 5X (Other Wells). On page 2 of a December 4, 1995
memorandum the company's environmental consultant stated that permitting of
injection wells for enhanced in-situ bioremediation would require the company to
conduct extensive groundwater modeling studies and geochemical modeling. In
addition, a site specific design for the injection well field would need to be
developed prior to obtaining a permit.
In addition, a corrective action plan using in-situ bioremediation would
also need to be reviewed under the criteria in 15A NCAC 2L .0106(1). This rule
requires a demonstration be made to the Director of the Division of
Environmental Management that the site meets the criteria of 15A NCAC 2L
.0106(1) so that the health, safety, and welfare of the public would not be
impacted by allowing natural remedial processes to cleanup the site. In a
November 27, 1995 letter Goodwill Industries states that the investigative work
required to submit this corrective action plan would involve lengthy studies of the
geochemical properties of the site, flow properties of the contaminated matrix,
and developing methods of measuring the contaminate concentration. A study of
the feasibility of bioremediation would also need to be conducted to show that a
corrective action plan under 15A NCAC 2L .0106(1) would effectively reduce
contaminate concentrations to the level of the standards. The company believes
that in order to determine the feasibility of in-situ enhanced bioremediation, an
assessment of biologic processes in the soil would need to be examined and the
toxicity of soils and sediments to these organisms would need to be assessed.
Goodwill Industries believes that the costs of the investigative work to permit
injection wells and develop a corrective action plan would likely exceed the costs
of implementing a corrective action plan relying on air sparging technology.
Rule .Ol 13 (c)(6): Supp orting information to establish that compliance would produce serious
financial hardshi p on the app licant:
In pages 10 through 12 of the report reveals that Goodwill Industries of
the Southern Piedmont has demonstrated that continued application of best
available technology to this site would be a prohibitively expensive method of
11
remediating groundwater contamination. Some of the plumbing for the pump-
and-treat cleanup system is located in various parts of the building. Continual
reliance on the pump-and-treat system will mean that Goodwill Industries will
not be able to utilize this additional space for offices.
Based on the previous installation of the pump-and-treat groundwater
remediation system, Goodwill Industries foresees the use of an air sparging
system with vapor recovery to cleanup the site resulting in a major disruption of
business operations at Goodwill Industries. The floor space within the Goodwill
Industries site would need major renovations in order to install this type of
system. The loading dock area would need to be closed during construction and
installation of the system causing the loss of unrecoverable revenues to the
company.
Continued operation of the pump-and-treat system may require additional
expenses on the part of Goodwill Industries. On January 12, 1995 the Charlotte-
Mecklenburg Utility Department (CMUD) gave Goodwill Industries an
"extension" to continue discharging treated effluent from the pump-and-treat
groundwater remediation system into the city's sewer system until August 31,
1996. No indication was given by CMUD as to future extensions or reissuance of
a permit for the discharge beyond one year. If Goodwill Industries continues to
conduct corrective action that necessitates the discharge of treated effluent and
the CMUD does not continue permitting the discharge into the sewer system, the
company will need to pursue a separate discharge for this system. Such a
discharge may require the construction of piping and pumping devices to the
nearest discharge point at a surface water body. The company reports that the
nearest drainage feature is Stewart Creek located approximately 700 feet
downgradient from the site. In addition, this discharge would need to meet the
requirements of state NPDES water quality rules in 15A NCAC 2B. Permitting
and construction of a new discharge line for the present pump-and-treat system
would require the additional expense of funds by the responsible party.
Assuming that the option of a discharge to Stewart Creek is the most cost
effective of other alternatives and the site remains eligible for state trust fund
reimbursement, the responsible party may receive reimbursement through the
trust fund for "reasonable and necessary costs" during permitting and
construction of the discharge line.
The company believes that there is immense uncertainty that best available
technology will remediate the groundwaters at this site to standards within a
foreseeable period of time. Goodwill Industries of the Southern Piedmont asserts
that allowing natural remedial processes to degrade and attenuate substances
found at the site will be no less effective a method than using technologic methods
discussed and will not entail the same burdensome costs upon the company.
12
Rule .0l 13 (c)(7): Supp orting information that com pliance would produce serious financial
hardshi p without equal or greater public benefit:
The company has submitted information in the request demonstrating that
the environment, safety and public health would not be impacted by this
variance. If air sparging with vapor recovery is used as an alternate cleanup
method, it will necessitate the continual closing of this facility until the new
system is constructed, installed, tested, and approved. The community that relies
on vocational training provided by Goodwill Industries of the Southern Piedmont
will not have access these resources. The Groundwater Section believes that the
public will not benefit from compelling the Goodwill Industries of the Southern
Piedmont to remediate this site using pump-and-treat technology or alternatives
discussed.
Rule .0l 13 (c)(8): "A co py of an y S pecial Order ... 11
:
No Special Order by Consent has been issued for this site.
Rule .0l 13 (c)(9 ): "A list of names and addresses of pro perty owners ... ":
The property owners within the proposed area of the variance are shown
in Table# 1 that was revised on November 17, 1995 in a letter and includes the
Dixie Electric Company, the D&L Appliance Company, the Suburban Propane
Gas Corporation, the North Carolina Department of Transportation, CSX
Railroad Incorporated, the E.F. Lombardi Company, and Goodwill Industries of
the Southern Piedmont. Title 15A NCAC 2L .0113(e)(E) requires that
notification of a public hearing on this variance be given to these adjacent
property owners "at least 30 days prior to the date of the hearing".
It is the recommendation of the Groundwater Section that the subject variance request
to Corrective Action requirements of 15A NCAC 2L .01060) and Groundwater Quality
Standards contained in 15A NCAC 2L .0202 proceed to public notice in accordance with 15A
NCAC 2L .0l 13(e). Please note that the Mooresville Re gional Office has recommended that
this variance be granted u pon the condition that an additional monitoring well be installed. It
has further been recommended that this well be installed south of the well identified as
Recovery Well# 5 (RW #5 ) and that "selected wells be sam pled semi-annually for several
years". On October 6, 1995 the Division of Epidemiology completed their review of the risk
assessment methodology for this site and recommended that this variance be granted for
13
Goodwill Industries of the Southern Piedmont. Upon your concurrence with our
recommendation, the Groundwater Section will proceed with the preparation of the required
public notice and hearing. Upon completing of the requirements of 15A NCAC 2L .0113(d -
f), with a recommendation to grant this variance from the Environmental Management
Commission Groundwater Committee, this request will proceed to the Environmental
Management Commission for final action in 15A NCAC 2L .0113(g). If there are any
questions regarding this matter or if any additional information is needed, please let me know.
ATTACHMENTS:
cc: Groundwater Section Assistant Chiefs
Mooresville Regional Groundwater Supervisor
Dr. Ken Rudo
David Hance
14
State of North Carolina
Department'of 'Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A Preston Howard, Jr., P.E., Director
r~-~ ,aws --0 an
DEHNR
September 8, 1995
MEMORANDUM:
TO:
FROM:
Dr. Ken Rudo, Ph.D, Toxicologist,
Environmental Epidemiology Section
Arthur Mouberry, P.E., Chief ~
Groundwater Section (11?
SUBJECT: Goodwill Industries Request for Variance from
15A NCAC 2L .0202 Groundwater Quality Standards
for Property at 2122 Freedom Drive in Charlotte, North
Carolina.
Attached is a variance request on behalf of the Goodwill
Industries of the Southern Piedmont from SM&E Incorporated. The
request for variance is to groundwater standards for Benzene,
Ethylbenzene, Toluene, Xylene (-o,-m, and -p), Naphthalene,
Methyl Tert-Butyl Ether, Dimethyl Phthalate, and 1,2-
Dichlorobenzene. The request is for a site contaminated by a
release from a 2,000 gallon underground storage tank used to
store diesel fuel. The area for which the variance request has
been made is entirely within the property boundaries of the
Goodwill Industries of the Southern Piedmont. This facility has
been primarily used to assist and provide vocational training to
handicapped persons. According to information submitted by the
company, Goodwill Industries is within a heavily industrialized
area of the City of Charlotte. Monitoring well data indicates
contamination in excess of groundwater standards in 15A NCAC 2L
.0202. Goodwill Industries of the Southern Piedmont does not
believe that any public benefit can be gained through continued
groundwater remediation efforts.
Please review the attached report and provide the
Groundwater Section with a r~commendation regarding this request.
If possible, the Section would like to receive your response by
October 13, 1995. Upon receiving your recommendation, the
Section will forward a recommendation to the Director of the
Division of Environmental Management.
If you need additional assistance or information please call
me at 733-3221.
cc: Carl Bailey
Dr. Burrie Boshoff
David Hance
Mooresville Regional Office Groundwater Supervisor
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
NOTE.· 01/12/96
IMPORTANT and TIME SENSITWE!!!
TO: Donna ,
SUBJECT: DIRECTOR'S APPROVAL TO PROCEED TO PUBLIC NOTICE AND
HEARING FOR GOODWILL INDUSTRIES OF THE SOUTHERN
PIEDMONT IN CHARLOTTE, NC.
Here is a variance application from Goodwill Industries of the Southern Piedmont for
a site in the City of Charlotte. This variance is for a site where diesel fuel was released from
an underground storage tank. Pursuant to 15A NCAC 2L .0113(d), the Director of DEM must
review variance applications to determine that they are complete. Upon completion of the
Director's review and signature on the memorandum dated January 19, 1996, I would be glad
to return it to the Groundwater Section to forward copies to appropriate individuals. The
Groundwater Section will provide notices and proceed to public hearing in accordance with
15A NCAC 2L .0113 so that the Environmental Management Commission can take final
action as required in the rule.
If you need additional information or assistance, please feel free to contact me at 715-
6189.
David Hance
cc: Carl Bailey
NOTE: 12/20/95
IMPORT ANT-NEEDS TIMELY
SIGNATURES!!!
TO: Carl Bailey,
SUBJECT: REVIEW OF MEMORANDA AND INFORMATION FOR A
PROPOSED VARIANCE AT THE GOODWILL INDUSTRIES OF THE
SOUTHERN PIEDMONT IN CHARLOTTE, NC.
I have completed my review of the GOODWILL INDUSTRIES variance packet
and I believe it should go forward to the Director for his review. Please read over the
memoranda that is attached to the packet from S&ME Incorporated. Please note that the
packet has in it three additional responses that I requested to clarify information that was
originally sent. The Mooresville Regional Office recommendation and Dr. Ken Rudo's
recommendations are also included.
If the memoranda for Arthur and Preston's signature is OK, I'll get these onto
them. Please let me know if I need to make corrections on the memos. If we need to talk
call me. I'll be in the office after New Years all that week.
David Hance
1
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
January 12, 1996
MEMORANDUM
To:
From:
Subject:
Preston Howard
Arthur Mouberry $
Request for Variance from 15A NCAC 2L .0202 and 15A
NCAC 2L .01060) for a Site Owned by Goodwill Industries of the Southern
Piedmont at 2122 Freedom Drive in Charlotte, North Carolina (Mecklenburg
County) {Groundwater Incident Number 8094}.
Goodwill Industries of the Southern Piedmont is a non-profit organization and serves
as a vocational rehabilitation training center for the handicapped. A 2,000 gallon underground
storage tank containing diesel fuel was removed from the site on November 21, 1990.
Pursuant to title 15A NCAC 2L .Ol 13(c) variance applications are required to contain specific
information in order to adequately review a request. Goodwill Industries variance application
is contained in a report titled "Variance Request Incident Number 8094 Goodv,ill Industries of
the Southern Piedmont. Inc. 2122 Freedom Drive Charlotte. North Carolina St':.~vffi Pro ject
No. 1354-93-410". In addition, the Groundwater Section requested Goodwill lndustries
provide clarifying information and editorial corrections to some of the information submitted
in the report. The corrected information is shown in memoranda submitted on November 27th,
December 4th, and December 7th of 1995. The information submitted by S&ME
Incorporated on behalf of Goodwill Industries of the Southern Piedmont appears to meet the
requirements of 15A NCAC 2L .0113(c) and is summarized as follows:
Rule .0113 (c)(l): Resolution by the County or governing Board:
Goodwill Industries of the Southern Piedmont has always been a private
non-profit organization. No resolution is necessary.
1
Rule .Ol 13 (c)(2 ): A descri ption of past . existing or pro posed activities that would result in a
dischar ge of contaminants into gr oundwater:
Goodwill Industries of the Southern Piedmont is located inside the city
limits of Charlotte, North Carolina at 2122 Freedom Drive (Parcel Number 071-
063-13). The report titled "Variance Re quest Incident Number 8094 Goodwill
Industries of the Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North
Carolina S&ME Pro ject No. 1354-93-410 contains the relevant information about
this site. This facility is at the corner of Freedom Drive and · Berry Hill Road as
shown in Figure 1 of Appendix in the report from S&ME Incorporated. The
Goodwill Industries site consists of approximately 2.98 acres of land.
Approximately one-half of the land area is covered by the building that houses
Goodwill Industries. The former owner of this location was A.G. Boone Trucking
Company. A 2,000 gallon underground storage tank containing diesel fuel was at
the northwest corner of the building. This underground storage tank was
removed on November 21, 1990 and the release was subsequently discovered upon
tank closure. Goodwill Industries does not have any other underground storage
tanks on this property. No other existing or potential sources of groundwater
contamination were identified at this property by Goodwill Industries. Goodwill
Industries of the Southern Piedmont and all adjacent properties are in an area
with a mixture of commercial, industrial, and residential development.
The tank closure report documented the removal of 240 tons of soil
contaminated with diesel fuel. Analytical tests of soils within the excavation area
did not indicate contamination below 21 feet from the ground surface. In August
1991 a Comprehensive Site Assessment was completed. The site assessment
revealed a groundwater plume from a small area of contamination adjacent to
the building. This area of contamination was at the northwest corner of Goodwill
Industries near the companies loading dock and adjacent to the area where the
diesel fuel pump had been located. The area of the plume was estimated to be
approximately 60,000 square feet ( 400 feet long by 150 feet long). Monitoring
indicated that the vertical extent of this plume was approximately 44 feet below
the ground surface. The company estimated that approximately 5,924,952 gallons
of groundwater had been contaminated by the release.
On April 14, 1992 Goodwill Industries of the Southern Piedmont was
informed that the Comprehensive Site Assessment had been completed to the
satisfaction of the Division. Goodwill Industries submitted a Corrective Action
Plan to address soil contamination on April 15, 1992. From September 6, 1992
through November 9, 1992 approximately 914 tons of soil was excavated and
treated offsite adjacent to the loading dock area. The treatment method used for
this soil was thermal incineration. A Corrective Action Plan or "Remedial Action
Plan" was submitted to the Division on July 2, 1992 to cleanup groundwater
2
using pump-and-treat technology. Implementation of the Corrective Action Plan
was approved by the Division on October 22, 1992. The Charlotte Mecklenburg
Utility Department (CMUD) issued a permit to discharge treated water from the
pump-and-treat groundwater remediation system into the nearby sanitary sewer.
The Division of Environmental Management required Goodwill Industries
to perfornt groundwater monitoring to determine the vertical and lateral extent
of contamination at the site. On September 21, 1994 the company conducted
comprehensive groundwater sampling at eight monitoring wells. The deepest of
the monitoring wells is known as "DMW-3" and is 44 feet below the land surface.
Groundwater samples were analyzed using US Environmental Protection Methods
602 and 625. Only Benzene was found in the monitoring wells. The highest
concentration found in a monitoring well in exceedence of the 15A NCAC 2L
.0202 Groundwater Quality Standard for Benzene during this sampling event was
0.011 milligrams/Liter in Monitoring Well# 4.
The Division also required Goodwill Industries to evaluate the eff ectiveii.ess
of groundwater cleanup efforts by examining concentrations of substances
recovery wells used as sumps to collect free product and dissolved hydrocarbons
from the site. Samples were obtained from six recovery wells located beneath the
building, parking lot, and loading dock areas. Groundwater samples were
analyzed using US Environmental Protection Methods 602 and 625. The highest
Benzene concentration in a recovery well showed 0.290 milligrams/Liter at
Recovery Well# 5 beneath the building. Downgradient Monitoring Well# 7
located offsite southeast next to Freedom Drive did not show any concentrations
above practical quantitation levels.
Based on these results the Division of Environmental Management
recommended the pump-and-treat system be turned off for a period of two
months to determine if residual contaminants in the soils and subsurface would
recontaminate the groundwater, if no treatment system were operating. In
December 1994 groundwater monitoring was conducted at recovery wells and
monitoring wells after the pump-and-treat system had been temporarily turned
off. Four of the seven monitoring wells were sampled and all samples reported
Benzene concentrations below quantitation limits. Concentrations of Benzene in
all six recovery wells showed a significant decrease during this sampling event.
Based on the results of the December 1994 monitoring, Goodwill Industries
of the Southern Piedmont informed the Charlotte-Mecklenburg Utilities
Department (CMUD) in January 1995 that it intendea to request a variance at
this site. In Appendix III the January 12, 1995 memorandum from CMUD
informed the responsible party that the existing permit to discharge treated
groundwater into the sewer system would be extended beyond August 31, 1995
for an additional year, if the variance to terminate remediation is not granted by
the Commission during the time. As shown in Appendix III, CMUD stated that
the permit would be "extended" not "re-issued". On July 28, 1995 Goodwill
Industries sent a variance request to the Chairman of the Environmental
Management Commission pursuant to 15A NCAC 2L .0113(b).
3
Potential sources of groundwater contamination in the area are shown in
Figure 2 in the report "Variance Re quest Incident Number 8094 Goodwill
Industries of the Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North
Carolina S&ME Proiect No. 1354-93-410" and include the following:
1) A retail gasoline station presently owned by Servco located
approximately 800 feet northwest of Goodwill Industries on
Freedom Drive;
2) A fuel oil tank located approximately 250 feet to the northeast from
Goodwill Industries. This fuel oil tank appears to be on property
owned by Flemming Laboratories Incorporated;
3) An H 2SO 4 tank located approximately 250 feet to the northeast
from Goodwill Industries. This chemical tank appears to be on
property owned by Flemming Laboratories Incorporated; ;
4) An area containing what is described as "hazardous waste drums"
approximately 250 to 300 feet to the east from Goodwill Industries.
Figure # 2 appears to show that these drums are on property owned
by Flemming Laboratories Incorporated.
5) Monitoring Wells owned by Flemming Laboratories Incorporated.
These wells are located to the east and northeast of the Goodwill
Industries site.
6) Berry Hill Road (a public roadway);
7) Freedom Drive (a public roadway);
8) A CSX Transportation Incorporated railroad line that is to the
northeast and east of Goodwill Industries. The former owner of this
line was the Piedmont and Northern Railroad Company;
9) A sewer line that is within of few feet of the southwest property line
of Goodwill industries. This sewer runs from northwest to southeast
parallel to the Goodwill Industries property line;
10) A storm drain line that is within of few feet of the southwest
property line of Goodwill industries. This storm drain runs from
northwest to southeast parallel to the Goodwill Industries property
line; and
4
11) Numerous other storm drain lines and sewer lines that are in the
general area.
The property for which the variance is requested is entirely owned by
Goodwill Industries of the Southern Piedmont. The groundwater that was
impacted by the release is located beneath the building and the parking lot area.
A fence is located at the northeast side of the building. Access to impacted
groundwater at the site by workers, visitors, and unlawful intruders is under the
control of the responsible party.
Rule .Ol 13 (c)(3): Description of the pro posed area for which the variance is re quested:
This variance is for an area entirely within the property boundaries of the
Goodwill Industries of the Southern Piedmont. Maps of this area are shown in
Figure 3 and Appendix Il of the report titled "Variance Req uest Incident
Number 8094 Goodwill Industries of the Southern Piedmont, Inc. 2122 Freedom
Drive Charlotte, North Carolina S&ME Proiect No. 1354-93-410". The
contaminated area is in the form of an ellipse with it's longitudinal axis from
northwest to southeast. The southeastern side of this ellipse is within a few feet
of the storm drain line and sewer line that runs alongside Freedom Drive.
More specifically the area for which the variance is requested is bounded
to the north by the property line with Suburban Propane Company. This area
laterally extends to the northeast toward the Suburban Propane Company
property line, running beneath the Goodwill Industries Building, but does not
extend as far as Monitoring Well# 6. The lateral area extends southeast toward
property owned by D.L. Appliance Company but not as far as Monitoring Well #
7. The southwestern boundary of this area is at the property line that runs
parallel with Freedom Drive. The western extent of this area is beneath the
building and does not go as far as the position of Monitoring Well# 1. The extent
of the northwest boundary includes part of the asphalt parking lot but does not
go beyond the site where the diesel underground storage tank pump island once
existed. The lateral extent of this plume stops before it reaches Monitoring Well#
2. -
The concentration of contaminants in groundwater is primarily influenced
by the direction and rate of groundwater flow. Goodwill Industries ass~rts that
groundwater flow from the site travels toward a tributary of Stewart Creek
approximately 700 feet to the southeast. This creek discharges into the Catawba
River. The groundwater flow rate was obtained from information in the
Comprehensive Site Assessment (CSA). Based on information in the CSA,
Goodwill Industries of the Southern Piedmont asserts that groundwater in the
area flows in a southeast direction. The 1994 groundwater monitoring results
5
from recovery wells beneath the building indicated that the contaminant plume is
moving in a southeasterly direction toward Freedom Drive. The estimated
groundwater flow velocity in the subsurface is approximately 11 feet/year. The
company asserts that at this rate of groundwater movement the plume of
petroleum hydrocarbon contamination will enter Stewart Creek in approximately
63 years~ assuming no natural degradation or attenuation of the plume occurs
(See page 9 of the report).
Page 3 of the report states that the company does not believe that any
natural geologic structures exist in the subsurface beneath the site that would
have the effect of creating an impermeable boundary to groundwater movement.
Goodwill Industries believes that the depth to bedrock beneath the site is between
50 and 100 feet. No other properties owned by Goodwill Industries of the
Southern Piedmont or properties owned by other persons are being included in
this application for variance. (refer to Appendix Il of the report).
Rule .0113 {c){4): Supp orting information to establish that the variance will not
endanger the public health and safe ty ... :
The part of the variance concerning Groundwater Quality Standards
shown in 15A NCAC 2L. 0202 has been requested for Benzene, Ethylbenzene,
Toluene, Xylene(-o,-m, and p), Naphthalene, Methyl Tert-Butyl Ether (MTBE),
Dimethyl Phthalate, and 1,2-Dichlorobenzene. In order to assess health impacts
from this site, monitoring wells were sampled at this site to assess the extent of
contamination and concentration levels of substances. Concentrations of
substances in recovery wells were also examine to determine the effectiveness of
the pump and treat system at removing these chemicals.
Groundwater monitoring data from Goodwill Industries of the Southern
Piedmont indicates that this site does not pose a hazard to the public. Sampling
and analysis has been conducted since May 8, 1991 at monitoring wells and
recovery wells. Three sampling events occurred in March, September, December
of 1994 and the last sampling and analysis was done on April 13, 1995. USEP A
Method 602 and Method 625 were the analytical methods used for samples
collected at the Goodwill Industries site. USEP A Method 602 is used to assess the
concentration levels of Benzene, Toluene, Ethylbenzene, Xylenes, and MTBE.
USEP A Method 625 is used to examine the concentrations of phthalate
compounds, 1,2-Dichlorobenzene, Base/Neutral Extractables, and Naphthalene.
The highest concentration of any substance found at this site was 0.590
milligrams per liter (mg/L) or 590 micrograms per liter (ug/L) of Dimethyl
Phthalate in Recovery Well# 5. The Groundwater Quality Standard for this
substance is zero pursuant to 15A NCAC 2L .0202(c). The lateral extent of this
reported contamination is shown in Figure 4 of Appendix Il. Dimethyl Phthalate
was not detected in any other recovery wells or in monitoring wells during this
sampling event. Analysis of subsequent groundwater samples in 1994 and 1995
6
did not reveal Dimethyl Phthalate contamination in Recovery Well# 5, other
recovery wells, or monitoring wells.
In Table 2 of the report, the December 9, 1994 groundwater sampling was
conducted at monitoring wells showed the concentrations of Benzene, Toluene,
Ethylbenzene, Xylenes, and MTBE below their respective Groundwater Quality
Standards in 15A NCAC 2L .0202. None of the monitoring wells showed
concentrations of these substances above practical quantitation limits. The only
wells that showed any concentration levels above Groundwater Quality Standards
in 15A NCAC 2L .0202 from the USEP A Method 602 analysis were the recovery
wells (RW #1 through RW # 6). The highest concentration in any single recovery
well during this period was 0.071 milligrams per Liter (mg/L) or 71 micrograms
per Liter (ug/L) at RW # 5. The analysis of samples using USEP A Method 625
did not reveal any concentrations of phthalate compounds, 1,2-Dichlorobenzene,
or Naphthalene in the monitoring wells above the Groundwater Quality
Standards in 15A NCAC 2L .0202. Base/Neutral extractable compounds, such as
Anthracene, did not appear in concentrations above Groundwater Quality
Standards or Interim Maximum Allowable Concentrations in any of these wells.
Recovery Well# 5 showed Naphthalene at 0.062 mg/Lor 62 ug/L. The
Groundwater Quality Standard for Naphthalene is 0.021 mg/L (21 ug/L). This
recovery well is located in the center of the building which houses Goodwill
Industries of the Southern Piedmont. It is important to note that this December
1994 sampling event had occurred some time after the pump-and-treat system
had been temporarily turned off pursuant to the Division's instructions. No
significant increase in concentrations of substances was observed as a result of the
temporary cessation of pump-and-treat cleanup.
On April 13, 1995 Goodwill Industries conducted a routine sampling of
monitoring and recovery wells at the site. Table 2 shows results from USEP A
Method 602 analysis. Three monitoring wells (MW # 3, DMW # 3, and MW # 4
had concentrations of Benzene above the Groundwater Quality Standard of 0.001
mg/L (1 ug/L). Monitoring Well# 4 had the highest concentration of Benzene at
0.004 mg/Lor 4 ug/L. Recovery Wells #1 through# 6 showed levels of Benzene
above the Groundwater Quality Standard established by 15A NCAC 2L .0202.
USEP A Method 625 analysis did not reveal any chemicals in monitoring wells
above practical quantitation limits. Table 2 shows that Naphthalene continues to
be present in Recovery Well# 5 at a concentration above the standard in 15A
NCAC 2L .0202. Naphthalene was found in this welf"at 0.029 ing/L or 29 ug/L.
The Groundwater Quality Standard for Naphthalene is 0.021 mg/L (21 ug/L). No
other recovery wells have shown any constituents in exceedence of the standards
contained in 15A NCAC 2L .0202 as a result of analysis using USEP A Method
625.
Goodwill Industries of the Southern Piedmont has attempted to define the
vertical extent of groundwater contamination beneath the site. The deepest well
(DMW # 3) is 44 feet below the ground surface. Groundwater sampling and
analysis was conducted using USEP A Method 602 and Method 625 at three
7
separate times in 1994 as shown in Table# 2. The analysis of the September 21,
1994 sampling event for DMW ·#3 showed a concentration of Benzene at 0.003
milligrams per liter. This level is in exceedence of the Groundwater Quality
Standard of 0.001 milligrams per liter for this substance in 15A NCAC 2L .0202.
The analysis of all other samples taken from this well in 1994 did not reveal any
other chemical constituent from the petroleum release. A semi-annual sample was
taken on April 13, 1995 at the monitoring well DMW # 3 and showed a Benzene
concentration at 0.002 mg/L or 2 ug/L. No other substances normally associated
with a release of diesel fuel were found in this monitoring well during the April
1995 sampling. (see Table 2 of the report).
Page 8 of the report states that the downgradient recovery well (RW # 6)
has not shown " ... any EPA Method 625 compounds and only 28 ug/1 of benzene ... ".
Analysis of samples from the downgradient monitoring well MW # 7 has not
shown any substances as a result of using USEP A Method 602 or Method 625.
Based on the groundwater flow velocity of 11 feet per year from the site
assessment, the company estimates that the time it will take the petrochemical
plume to reach monitoring well # 7 is 4.5 years. Goodwill Industries believes that
it will take a ·total of 10 years for the substances to reach the downgradient
property boundary. These estimates are based on conservative assumptions that
the plume will not be impacted by natural remedial processes and attenuation
effects within the subsurface.
It is not anticipated that rainfall events will significantly impact the
movement of contaminants offsite. The area where groundwater monitoring
results showed concentrations of Benzene, Naphthalene, and Dimethyl Phthalate
above the standards is beneath the building that houses Goodwill Industries of
the Southern Piedmont. The area outside this structure is covered by an asphalt
driveway and parking area.
No sources of drinking water from water wells or surface water are known
to exist within a 1/2 mile radius of the Goodwill Industries of the Southern
Piedmont. The requirements for variance applications in 15A NCAC 2L
.0113(c)(4) specify that locations of drinking water wells and other water supply
sources that are within one-half mile of the site must be shown on a map. The
report from Goodwill Industries states that there are no drinking water wells
within one-half mile of the site for which the variance has been requested. The
December 7, 1995 memorandum referencing "Private Drinking Water
Information" shows that there are no drinking water supply intakes at surface
water bodies located within a 1/2 mile radius of the site. Drinking water for the
City of Charlotte is obtained from Mountain Island Lake on the Catawba River
five miles north-northwest of the site. All downgradient properties are supplied
drinking water from the City of Charlotte. There are approximately six
groundwater monitoring wells near the railroad tracks and Flemming
8
Laboratories Incorporated. These are to the northeast of the Goodwill Industries
and are cross-gradient from the site. It appears unlikely that the presence of these
wells would result in the movement of petroleum contamination from Goodwill
Industries into groundwater.
It is highly improbable that public water supply lines will be impacted by
this variance. The nearest water supply lines are a 20 inch line that runs parallel
on Freedom Drive and an eight inch ~upply line that runs along Berry Hill Road.
The Groundwater Section contacted the Administration Division at the Charlotte-
Mecklenburg Utility Department (704-399-2551) and was informed that the
average ·depth of these water lines from the ground surface is four feet.
Groundwater contamination beneath Goodwill Industries is too deep within the
subsurface -to impact these lines.
Rule .01 l3 (c)(5): Supp orting information to establish that requirements of the rule cannot be
achieved by providing best available technolo gy economically reasonable:
The part of the request that concerns variance to Corrective Action in ISA
NCAC 2L .01060) will allow Goodwill Industries of the Southern Piedmont to
discontinue Corrective Action at this site. Goodwill Industries of the Southern
Piedmont has submitted supporting information in the report and other
documents demonstrating that the continued application of BAT will not result in
significant long term: remediation of the site to the Groundwater Quality
Standards, contained in ISA NCAC 2L .0202. The is due to the high probability
that continued remediation activities at the site will not significantly reduce
contaminant levels below Groundwater Quality Standards in ISA NCAC 2L
.0202. Since discovery of the release on November 21, 1990 the Goodwill
Industries of the Southern Piedmont has disposed of a total of 1154 tons of diesel
fuel contaminated soil. Goodwill Industries of the Southern Piedmont has
treated approximately 2,108,185 gallons of groundwater to comply with the
cleanup requirements of the Corrective Action Plan that was approved on
October 22, 1992. Page 11 of the report titled "Variance Req uest Incident
Number 8094 Goodwill Industries of the Southern Piedmont, Inc. 2122 Freedom
Drive Charlotte, North Carolina S&ME Pro ject No. 1354-93-410" states that a
total of $371,896 has been expended to cleanup this site. Goodwill Industries of
the Southern Piedmont has incurred $77,122 of this lotal in the form of State
Trust Fund deductibles and non-reimbursed items.
Concentrations of substances in the groundwater have not been
significantly reduced over the last year as shown in Table 2 of the report.
Monitoring wells have shown insignificant reductions in Benzene using pump-and
treat technology. Significant reductions in the concentrations of Naphthalene and
Benzene have not been observed in recovery wells. It is also important to note
that when the operation of the pump-and-treat groundwater remediation system
was temporarily interrupted groundwater monitoring data indicated no increase
9
in the concentration of any constituent.
In order to demonstrate that the requirements of the rule cannot be
achieved using best available technology, Title 15A NCAC 2L .0113(c)(5) requires
that specific technology considered be identified, the costs of implementing the
technology be shown, and the impacts of the costs on the applicant be provided.
Goodwill.Industries of the Southern Piedmont has considered the use of air
sparging with vapor extraction as an alternate technology to the pump-and-treat
groundwater remediation system. The company does not believe this technology
is practical to meet the requirements of 15A NCAC 2L .0113(c)(5). In order to
meet EHNR air quality standards, an air sparging system would need to be used
in conjunction with vapor extraction to prevent fugitive vapors from spreading
into the environment. The company asserts that two air sparging wells would
need to be located inside the building in order to have an effective remediation
system. The use of vapor extraction at the Goodwill Industries site would
necessitate additional measures to protect workers from harmful concentrations
of substances inside the building. The costs required to continually control vapor
flow within the plant and the potential risk to workers offsets any inherent
benefits of this cleanup method. Pursuant to the requirements of 15A NCAC 2L
.0113(c)(5), the company does not believe that air sparging with vapor extraction
an "economically reasonable" technology for this site.
The Goodwill Industries of the Southern Piedmont has furnished cost
information for an air sparging system with vapor extraction in Table 3 of the
report "Variance Request Incident Number 8094 Goodwill Industries of the
Southern Piedmont, Inc. 2122 Freedom Drive Charlotte, North Carolina S&ME
Project No. 1354-93-410". This information is summarized as follows:
Technology
Air Sparging System
Soil Vapor Extraction System
Piping & Underground Utilities
Permitting, Project Management,
On-Site Supervision Plus Operation
and Maintenance for One-Year
Total Cost ($)
$21,000
$17,600
$23,0'00
$38,400
Estimated Total Cost= $100,000
10
..
Goodwill Industries -has examined the potential effectiveness
of .enhanced in-situ bioremediation technology for cleaning up the remaining
contamination at this site. Enhanced in-situ bioremediation involves the
introduction of nutrients and oxygen into groundwater. The company does not
believe that this technology is the "best available technology economically
reasonable" as specified in ISA NCAC 2L .0113(c)(5). If enhanced in-situ
bioremediation was selected as the cleanup method for the Goodwill Industries
site it would involve the use of injection wells to introduce nutrient substances
into the subsurface that would assist in biodegradation. In order to permit
injection wells under the current rules in ISA NCAC 2C .0200 they would have to
permitted as Type SX (Other Wells). On page 2 of a December 4, 1995
memorandum the company's environmental consultant stated that permitting of
injection wells for enhanced in-situ bioremediation would require the company to
conduct extensive groundwater modeling studies and geochemical modeling. In
addition, a site specific design for the injection well field would need to be
developed prior to obtaining a permit.
In addition, a corrective action plan using in-situ bioremediation would
also need to be reviewed under the criteria in ISA NCAC 2L .0106(1). This rule
requires a demonstration be made to the Director of the Division of
Environmental Management that the site meets the criteria of ISA NCAC 2L
.0106(1) so that the health, safety, and welfare of the public would not be
impacted by allowing natural remedial processes to cleanup the site. In a
November 27, 1995 letter Goodwill Industries states that the investigative work
required to submit this corrective action plan would involve lengthy studies of the
geochemical properties of the site, flew properties of the contaminated matrix,
and developing methods of measuring the contaminate concentration. A study of
the feasibility of bioremediation would also need to be conducted to show that a
corrective action plan under ISA NCAC 2L .0106(1) would effectively reduce
contaminate concentrations to the level of the standards. The company believes
that in order to determine the feasibility of in-situ enhanced bioremediation, an
assessment of biologic processes in the soil would need to be examined and the
toxicity of soi.is and sediments to these organisms would need to be assessed.
Goodwill Industries believes that the costs of the investigative work to permit
injection wells and develop a corrective action plan would likely exceed the costs
of implementing a corrective action plan relying on air sparging technology.
Rule .Ol 13(c)(6): Supporting information to establish that compliance would produce serious
financial hardship on the applicant:
In pages 10 through 12 of the report reveals that Goodwill Industries of
the Southern Piedmont has demonstrated that continued application of best
available technology to this site would be a prohibitively expensive method of
11
remediating groundwater contamination. Some of the plumbing for the pump-
and-treat cleanup system is located in various parts of the building. Continual
reliance on the pump-and-treat system will mean that Goodwill Industries will
not be able to utilize this additional space for offices.
Based on the previous installation of the pump-and-treat groundwater
remediation system, Goodwill Industries foresees the use of an air sparging
system with vapor recovery to cleanup the site resulting in a major disruption of
business operations at Goodwill Industries. The floor space within the Goodwill
Industries site would need major renovations in order to install this type of
system. The loading dock area would need to be closed during construction and
installation of the system causing the loss of unrecoverable revenues to the
company.·
Continued operation of the pump-and-treat system may require additional
expenses on the part of Goodwill Industries. On January 12, 1995 the Charlotte-
Mecklenburg Utility Department (CMUD) gave Goodwill Industries an
"extension" to continue discharging treated effluent from the pump-and-treat
groundwater remediation system into the city's sewer system until August 31,
1996. No indication was given by CMUD as to future extensions or reissuance of
a permit for the discharge beyond one year. If Goodwill Industries continues to
conduct corrective action that necessitates the discharge of treated effluent and
the CMUD does not continue permitting the discharge into the sewer system, the
company will need to pursue a separate discharge for this system. Such a
discharge may require the construction of piping and pumping devices to the
nearest discharge point at a surface water body. The company reports that the
nearest drainage feature is Stewart Creek located approximately 700 feet
downgradient from the site. In addition, this discharge would need to meet the
requirements of state NPDES water quality rules in 15A NCAC 2B. Permitting
and construction of a new discharge line for the present pump-and-treat system
would require the additional expense of funds by the responsible party.
Assuming that the option of a discharge to Stewart Creek is the most cost
effective of other alternatives and the site remains eligible for state trust fund
reimbursement, the responsible party may receive reimbursement through the
trust fund for "reasonable and necessary costs" during permitting and
construction of the discharge line.
The company believes that there is immense uncertainty that best available
technology will remediate the groundwaters at this site to standards within a
foreseeable period of time. Goodwill Industries of the Southern Piedmont asserts
that allowing natural remedial processes to degrade and attenuate substances
found at the site will be no less effective a method than using technologic methods
discussed and will not entail the same burdensome costs upon the company.
12
Rule .0113 (c)(7 ): Supp orting information that compliance would produce serious financial
hardship without equal or greater public benefit:
The company has submitted information in the request demonstrating that
the environment, safety and public health would not be impacted by this
variance. If air sparging with vapor recovery is used as an alternate cleanup
method, it will necessitate the continual closing of this facility until the new
system is constructed, installed, tested, and approved. The community that relies
on vocational training provided by Goodwill Industries of the Southern Piedmont
will not have access these resources. The Groundwater Section believes that the
public will not benefit from compelling the Goodwill Industries of the Southern
Piedmont to remediate this site using pump-and-treat technology or alternatives
discussed.
Rule .0l 13 (c)(8): "A cop y of any Special Order ... ":
No Special Order by Consent has been issued for this site.
Rule .0l 13 (c)(9): "A list of names and addresses of pro pertv owners ... ":
The property owners within the proposed area of the variance are shown
in Table# 1 that was revised on November 17, 1995 in a letter and includes the
Dixie Electric Company, the D&L Appliance Company, the Suburban Propane
Gas Corporation, the North Carolina Department of Transportation, CSX
Railroad Incorporated, the E.F. Lombardi Company, and Goodwill Industries of
the Southern Piedmont. Title 15A NCAC 2L .0113(e)(E) requires that
notification of a public hearing on this variance be given to these adjacent
property owners "at least 30 days prior to the date of the hearing".
It is the recommendation of the Groundwater Section tlfat the subject variance request
to Corrective Action requirements of 15A NCAC 2L .01060) and Groundwater Quality
Standards contained in 15A NCAC 2L .0202 proceed to public notice in accordance with 15A
NCAC 2L .0l 13(e). Please note that the Mooresville Re gional Office has recommended that
this variance be granted upon the condition that an additional monitoring well be installed. It
has further been recommended that this well be installed south of the well identified as
Recovery Well# 5 (RW #5 ) and that "selected wells be sam pled semi-annually for several
years". On October 6, 1995 the Division of Epidemiology completed their review of the risk
assessment methodology for this site and recommended that this variance be granted for
13
Goodwill Industries of the Southern Piedmont. Upon your concurrence with our
recommendation, the Groundwater Section will proceed with the preparation of the required
public notice and hearing. Upon completing of the requirements of 15A NCAC 2L .0113(d -
f), with a recommendation to grant this variance from the Environmental Management
Commission Groundwater Committee, this request will proceed to the Environmental
Management Commission for final action in 15A NCAC 2L .0113(g). If there are any
questions regarding this matter or if any additional information is needed, please let me know.
ATTACHMENTS:
cc: Groundwater Section Assistant Chiefs
Mooresville Regional Groundwater Supervisor
Dr. Ken Rudo
David Hance
14
...
DIVISION OF ENVIRONMENTAL MANAGEMENT
Groundwater Section
January 12, 1996
MEMORANDUM
TO: A. Preston Howard, Jr. P.E.
THROUGH: Arthur Mouberry, P.E. <JJ?
Chief, Groundwater Section
FROM: Carl Bailey (./:;
Assistant Chief for Planning, Groundwater Section
SUBJECT: Variance Request for the Goodwill Industries of the Southern Piedmont in
Charlotte, North Carolina.
The Groundwater Section is in the process of reviewing a request for variance from
Title 15A North Carolina General Statutes, Subchapter 2L "Classifications and Water Quality
Standards Applicable to the Groundwaters o{North Carolina" for the subject site. The
petitioner, Goodwill Industries of the Southern Piedmont, requests a variance from 15A
NCAC 2L .0202 (Groundwater Quality Standards) and 15A NCAC 2L .0106G) (Corrective
Action Plans).
Attached for your consideration is a memorandum in which staff have provided
comments concerning the information required to be submitted in support of the request in
accordance with 15A NCAC 2L. 0113(c) and which must be considered by the Environmental
Management Commission (EMC) prior to granting a variance. Based on the information
received thus far, this facility seems to be a good candidate for a variance. Your concurrence
is needed so that the Division can proceed with public notice of hearing in accordance with
procedures set out in 15A NCAC 2L .Ol 13(d) and (e) and for subsequent review by the
Environmental Management Commission.
1
.,
,.
The Groundwater Section would like present this request as an information item to the
Groundwater Committee at the February 8, 1996 meeting, if the Committee Chairman
chooses to hold a meeting. If you have any questions concerning this matter please contact
me at 733-3221.
Attachments
cc: Arthur Mouberry
Groundwater Section Assistant Chiefs
David Hance
2
•
Recyclad Paper
December 7, 1995
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626-0535
Attention:
Reference:
Dear Mr. Hance:
Mr. David Hance
Environmental Specialist
PRIVATE DRINKING WATER WELL INFORMATION
INCIDENT NO. 8094
Goodwill Industries of the Southern Piedmont, Inc.
2122 Freedom Drive, Charlotte, NC
S&ME Project No. 1354-93-410
S&ME, Inc., on behalf of Goodwill Industries (Goodwill) Inc., submits this letter addressing
questions you had concerning the possible presence of private drinking water wells near
the subject site. · The Comprehensive Site Assessment (CSA) report does not indicate that
there are private drinking water wells within a 1,500 foot radius of the subject site. The
CSA results were reviewed by the NCDEHNR and the report approved. Subsequently,
A Corrective Action Plan (CAP) to cleanup the site was prepared and approved by the
NCDEHNR.
Installation of a private well in Mecklenburg County does not require a permit. Therefore,
the Mecklenburg County Health Department does not have any records documenting the
location of private drinking wells. Drinking water for the city is obtained from Mountain
Island Lake, which is located on the Catawba River approximately five miles north-
northwest of the site.
S&ME, Inc. 9751 Southern Pine Boulevard, Charlotte, North Carolina 28273, [phone], Fax [phone]
Mailing addre~: P.O. Box 7668, Charlotte, North Carolina 28241-7668
( Enclosed is a copy of map provided by City of Charlotte Utility Department (CMUD). The
map shows properties within a 1,000 foot to 1,500 foot radius of Goodwill Industries.
Each of the numbers on the map indicate that a property is supplied water by CMUD.
Most importantly, the map indicates that properties downgradient of the site are supplied
water by CMUD.
There is a groundwater incident site (NCDEHNR Incident No, 8982) known as Biltmore
Dairy Farms located approximately one-quarter mile southeast of Goodwill Industries
facility. The CSA for this site was prepared by Westinghouse Environmental and
Geotechnical Services, Inc. (WEGS). Similarly, CSA results for this site indicate that there
were no private drinking water wells found within a quarter-mile radius of the Biltmore site.
If you have any questions regarding this letter or need additional information please . call
me at [phone].
Sincerely,
S&ME, INC.
9~1?,,<k..
James Ponder, LG.
Project Geologist
JP/mb
P:\PERSONALIJIMP\WP51 DATA\MREPORnVARL TR3
!D:7045253953 PAGE 2/7
ID:7045253953 PAGE 3/7
J ··_
DIVISION OF ENVIRONMENTAL MANAGEMENT
October 13, 1995
MEMORANDUM TO: Arthur Mouberry
FROM: Allen Schiff a_,.,/
THROUGH:
SUBJECT:
Barbara Christian \ft-,;
Review of Variance Request for Goodwill
Industries of the Southern Piedmont, Inc.
2122 Freedom Drive
Mecklenburg County, N.C.
Groundwater Incident~ 8094
Upon review of the July 1995 variance request and the
Groundwater Incident file for the subject site, the MRO
recommends approval of the variance with the following comments:
1. The groundwater contaminant plume does not appear to extend
past the boundaries of the Goodwill Industries site.
2. No potable wells exist within a\ mile radius of the subject
site.
3. The MRO agrees that the implementation of an air sparging
and soil vapor extraction system is neither cost effective
nor practical since the bulk of the contaminant plume is
located under the Goodwill Industries building and
activation of this type of remediation system could result
in vapor hazards within the facility.
If a variance is granted for the subject site, we would
recommend that an additional monitor well be installed south of
recovery well RW-5 and that selected wells be sampled semi-
annually for several years. ·
Attached to this memo is the only known copy of the variance
request. · If you should have· any questions, I can be reached at
[phone], ext. 236.
Attachment
AJS/sg
' .,
r l
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A Preston Howard, Jr., P.E., Director
ir~-~A ---~ .. a an
DEHNA.
September 8, 1995
MEMORANDUM:
TO:
FROM:
Dr. Ken Rudo, Ph.D, Toxicologist,
Environmental Epidemiology Section
Arthur Mouberry, P.E., Chief ~
Groundwater Section (f1J-;
SUBJECT: Goodwill Industries Request for Variance from
15A NCAC 2L .0202 Groundwater Quality Standards
for Property at 2122 Freedom Drive in Charlotte, North
Carolina.
Attached is a variance request on behalf of the Goodwill
Industries of the Southern Piedmont from SM&E Incorporated. The
request for variance is to groundwater standards for Benzene,
Ethylbenzene, Toluene, Xylene (-o,-m, and -p), Naphthalene,
Methyl Tert-Butyl Ether, Dimethyl Phthalate, and 1,2-
Dichlorobenzene. The request is for a site contaminated by a
release from a 2,000 gallon underground storage tank used to
store diesel fuel. The area for which the variance request has
been made is entirely within the property boundaries of the
Goodwill Industries of the Southern Piedmont. This facility has
been primarily used to assist and provide vocational training to
handicapped persons. According to information submitted by the
company, Goodwill Industries is within a heavily industrialized
area of the City of Charlotte. Monitoring well data indicates
contamination in excess of groundwater standards in 15A NCAC 2L
.0202. Goodwill Industries of the Southern Piedmont does not
believe that any public benefit can be gained through continued
groundwater remediation efforts.
Please review the attached report and provide the
Groundwater Section with a r~commendation regarding this request.
If possible, the Section would like to receive your response by
October 13, 1995. Upon receiving your recommendation, the
Section will forward a recommendation to the Director of the
Division of Environmental Management.
If you need additional assistance or information please call
me at 733-3221.
cc: Carl Bailey
Dr. Burrie Boshoff
David Hance
Mooresville Regional Office Groundwater Supervisor
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ l 0% post-consumer paper
EHl>lR -ENVIRONMENTAL MANAGEMENT T15A: 02L .0100
.0112 ANALYTICAL PROCEDURES
Tests or analytical procedures to determine compliance or noncompliance with the
standards established in Rule .0202 of this Subchapter will be in accordance with:
(1) The most sensitive of the following methods or procedures for substances where the
standard is at or above the method detection limit value:
(a) The most recent version of Standard Methods for the Examination of Water and
Wastewater, published jointly by American Public Health Association, American
Water Works Association and Water Pollution Control Federation;
(b) Methods for Chemical Analysis of Water and Waste, 1979, U.S. Environmental
Protection Agency publication number EPA-600/4-79-020, as revised March 1983;
(c) Test Methods for Evaluating Solid Wastes: Physical/Chemical Methods, 3rd
Edition, 1986, U.S. Environmental Protection Agency publication number SW-846;
(d) Test Procedures for the Analysis of Pollutants Under the Clean Water Act,
Federal Register Vol. 49, No. 209, 40 CFR Part 136, October 26, 1984;
(e) Methods or procedures approved .hy letter from the Director upon application by
the regulated source; or
(2) A method or procedure approved by the Director for substances where the standard
is less than the method detection limit value.
History Note:
. 0113 VARIANCE
Statutory Authority G.S. 143-215.3(a)(l); 143B-282;
Eff. August 1, 1989;
Amended Eff. October 1, 1993 .
(a) The Commission, on its own initiative or pursuant to a request under G.S.
143-215.3(e), may grant variances to the rules of this Subchapter.
(b) Requests for variances are filed by letter from the applicant to the Environmental
Management Commission. The application shall be mailed to the chairman of the
Commission in care of the Director, Division of Environmental Management, Post Office
Box 29535, Raleigh, N.C. 27626-0535.
(c) The application shall contain the following information:
(1) Applications filed by counties or municipalities must include a resolution of the
County Board of Commissioners or the governing board of the municipality
requesting the variance.
1 (2) A description of the past, existing or proposed activities or operations that have
or would result in a discharge of contaminants to the groundwaters.
(3) Description of the proposed area for which a variance is requested. A detailed
V location map, showing the orientation of the facility, potential for groundwater
contaminant migration, as well as the area covered by the variance request, with
reference to at least two geographic references (numbered roads, named
streams/rivers, etc.) must be included. (/"<4) Supporting information to establish that the variance will not endanger the public
health and safety, including health and environmental effects from exposure to
groundwater contaminants. (Location of wells and other water supply sources
including details of well construction within 1/2 mile of site must be shown on a
map).
V (5) Supporting information to establish that requirements of this Rule cannot be
achieved by providing the best available technology economically reasonable. This
NORTH CAROLINA ADMINISTRATIVE CODE 11/08/93 Page 14
DIVISION OF ENVIRONMENTAL MANAGEMENT
GROUNDWATER SECTION
September 8, 1995
MEMORANDUM:
TO:
FROM:.
Barbara Christian, Regional Groundwater Hydrogeological
Supervisor, Mooresville ~i~nal Office
Arthur Mouberry, P.E., ~
Chief, Groundwater Section
SUBJECT: Review of Request for Variance from 15A NCAC 2L .0106
Corrective Action Plans and 15A NCAC 2L . 0202 Groundwater
Quality Standards by the Goodwill Industries of the
Southern Piedmont in Charlotte, North Carolina (DEM
Groundwater Incident Number 8094).
Please review the attached request for a variance from the
Corrective Action Plan (CAP) rules and the Groundwater Quality
Standards. Review the request in terms of the requirements of 15A
NCAC 2L .0106 Corrective Action to determine if a no corrective
action would be as effective as continuing an active CAP to
remediate groundwaters at this site. If a determination is made
that a CAP involving active groundwater remediation is not
necessary, please review the request for a variance in terms of the
requirements itemized in 15A NCAC 2L .0113, (c) (1-9), and (d).
Verify technical data provided in support of the request. The
company is requesting that current remediation efforts at this site
cease.
Please prepare a letter for the Director's signature providing
your conclusions regarding the request for relief from corrective
action plans under 15A NCAC 2L .0106, the variance request, and any
additional requirements that are deemed appropriate.
A copy of this request has been sent to Dr. Ken Rudo, Division
of Epidemiology, for review of the risk assessment methodology.
If possible please retur~ your recommendation to me by Friday,
October 13, 1995.
cc: Carl Bailey
Burrie Boshoff
David Hance