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HomeMy WebLinkAboutNC0003760_Owner (Name Change)_20041029NPDES DOCUMENT !;CANNING COVER SHEET NC0003760 DuPont Kinston facility NPDES Permit: Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) Permit Modification Complete File - Historical Engineering Alternatives (EAA) Correspondence (Owner Name Change Return Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: October 29, 2004 This document is printed on reuse paper - igriore any content on the resterse side r` H October 29, 2004 James Proctor Unifi-Kinston LLC 4693 Hwy. 11 North Kinston, North Carolina 28502-0800 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality Subject NPDES Permit Modification Permit NC0003760 Unifi-Kinston LLC formerly INVISTA, S.A.R.L. Lenoir County Dear Mr. Proctor: Division personnel have reviewed and dpinoved your request to transfer ownership of the subject permit, received on September 28, 2004. This permit modification documents the change in ownership. Please find enclosed the revised permit. All other terms and conditions contained in the original permit remain unchanged and in full effect This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency. If you have any questions concerning this permit modification, please contact the Point Source Branch at (919) 733-5083, extension 520. Sincerely, 91114141. Alan W. Klimek, P.E. cc: Mr. James Proctor, Environmental Manager, DuPont - Kinston Roosevelt Childress, EPA Region 4 Aquatic Toxicity Unit Central Files Washington Regional Office, Water Quality Section NPDES Unit File o �`hCaro ina Naturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733 7015 Customer Service Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 FAX (919)733-2496 1-877-623-6748 Permit NC0022934 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the UNIFI-KINSTON LLC is hereby authorized to discharge wastewater from a facility located at the Unifi-Kinston LLC 4693 Hwy. 11 North Kinston County to receiving waters designated as the Neuse River in the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective October 29, 2004. This permit and authorization to discharge shall expire at midnight on July 31, 2006. Signed this day October 29, 2004. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0003760 SUPPLEMENT TO PERMIT COVER SHEET ' UNIFI-KINSTON LLC is hereby authorized to: 1. Continue to operate the existing 3.6 MGD wastewater treatment facility located on NC Highway 11, northeast of Kinston, in Lenoir County; and consisting of: • influent catch basin with "Muffin Monster" solids grinder, • two (2) - one million gallon retention ponds; • one (1) - 3.6 million gallon aeration basin with two (2) 45HP aerators and thirteen (13) 25HP floating aerators, • two (2) - 90 ft. diameter secondary clarifiers, • two (2) sludge return lift stations, • chlorine contact basin (operation optional), • effluent flow measurement with recorder, • six (6) sand drying beds; and 2. Discharge from said treatment facility through an effluent diffuser into the Neuse River (Outfall 001), and discharge into an unnamed tributary to the Neuse River (Outfall 002) and into Beaverdaxn Branch (Outfall 003), all of which are Class C NSW waters in the Neuse River Basin, at the locations specified on the attached map. Wastewater Treatment Plant tes -M.- -41 _ -'. -'. . _-8. 4. Discharge Point Outfall 001 Lat. 35° 19' 29" Long. 77° 27' 56- SCALE 1:24000 Discharge Point Outfall 003 45. ..'- .- -06. 41- -• 4. - .... -N. .. 1 a. } Latitude: 35°19'29" Longitude: 77°27'56" Quad F29SW Stream Class: C NSW Receiving Stream: Neuse River Sub -Basin: 03-04-05 Permitted Flow: 3.6 MGD NC0003760 Unifi-Kinston LLC .z Permit No. NC0003760 A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — Outfall 001 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge treated process and sanitary wastewaters, remediated groundwater, and non -contact cooling water from Outfall 001 subject. to the effluent limitations and monitoring requirements below and in Condition A.(2.) of this permit: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Parameter Units P"1° Code Monthly Daily Average Maximum Measurement Frequency Sample Type Sample Location (1) Flow MGD 50050 3.6 Continuous Recording E Total Monthly Flow MG Monitor & Report Monthly Calculated E BOO, 5-day, 20°C lb/day 00310 193.8 497.3 Weekly Composite E Total Suspended Solids lb/day 00530 337.1 1,057.9 Weekly Composite E TKN mg/L 00625 Monitor & Report Weekly Composite E NOrN + NO3-N mg/L 00630 Monitor & Report Weekly Composite E TN m mg/L 00600 Monitor & Report Weekly Composite E Load (3) Ib/mo lb/yr Monitor & Report 35,193 Monthly Annually Calculated Calculated E E Total Phosphorus (4) mg/L 00655 2.0 (quarterly average) Weekly Composite E PH S.U. 0040o Shall be within the range of 6.0 to 9.0 standard units at all times Weekly Grab E Fecal Coliform (geometric mean) #/100 mL 31616 Weekly Grab E, U, D (5) Temperature °C 000lo Weekly Grab E, U, D (5) Dissolved Oxygen mg/L 00300 See Footnote (6) Weekly Grab Si, U, D (5) NH3-N mg/L o0610 Monthly Composite E Chromium ug/L 01034 Quarterly Composite E Copper ug/L 01042 . Quarterly Composite E Lead ug/L ownQuarterly Composite _ E Nickel ug/L 00940 Quarterly Composite E Zrnc ug/L 01092 Quarterly Composite E Chronic Toxicity P/F TGP3B See Footnote (7) Quarterly Composite E There shall be no discharge of floating solids or visible foam in other than trace amounts. Footnotes: 1) Sample locations: I - Influent, E — Effluent, S1 - Chlorine contact chamber or other approved location, U — Upstream, 100 yard above outfall, D — Downstream, 1 mile below outfall. 2) For a given wastewater sample, TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively. 3) TN Load is the mass quantity of TN discharged in a given period of time. See Special Condition A.(4.), Calculation of Total Nitrogen Loads. The annual TN Load limit shall become effective with the calendar year beginning on January 1, 2003. Compliance with the limit shall be determined in accordance with Special Condition A.(5.) of this permit, Annual Limits for Total Nitrogen. 4) The quarterly average for total phosphorus shall be the average of composite samples collected weekly during the calendar quarter (January -March, April -June, July -September, October -December). 5) Stream samples shall be taken three times per week during the months of June, July, August and September, and once per week during the remaining months of the year. 6) The daily average dissolved oxygen effluent concentration shall not be less than 2.5 mg/ L at the sampling point. 7) Chronic Toxicity (Ceriodaphnia) P/F at 1.9%; January, April, July, and October; see Condition A.(7.), Chronic Toxicity Permit Limit. Part I, Page 1 of 8 { Permit No. NC0003760' A.(2.) ADDITIONAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 001 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge treated process and sanitary wastewaters, remediated groundwater, and non -contact cooling water from Outfall 001 subject to the effluent limitations and monitoring requirements below and in Condition A.(1.) of this permit: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Daily Daily Average Maximum Maximum (Ibs/day) (lbs/day) (ug/L) Measurement Sample Sample Frequency (2) Type Location (1) Bis(2-ethylhexyl) phthalate Di-n-butyl phthalate Methyl Chloride 0.868 2.352 0.228 0.481 0.725 1.602 Quarterly Grab E Quarterly Grab E Quarterly Grab E Acenaphthene Acenaphthylene Acrylonitrile Anthracene Benzene Carbon Tetrachloride Chlorobenzene Chloroethane Chloroform 2-Chlorophenol 1,2-Dichlorobenzene 1,3-Dichlorobenzene 1,4-Dichlorobenzene 1,1-Dichloroethane 1,2-Dichloroethane 1,1-Dichloroethylene 1,2-trans-Dichloroethylene 2,4-Dichlorophenol 1,2-Dichloropropane 1,3-Dichloropropylene Diethyl phthalate 2,4-Dimethylphenol Dimethyl phthalate 4,6-Dinitro-o-cresol 2,4-Dinitrophenol 2,4-Dinitrotoluene 2,6-Dinitrotoluene Ethylbenzene Fluoranthene Fluorene Hexachiorobenzene Hexachlorobutadiene Hexachloroethane Methylene Chloride Naphthalene Nitrobenzene 2-Nitrophenol 4-Nitrophenol Phenanthrene Phenol Pyrene 0.185 0.185 0.809 0.185 0.312 0.152 0.126 0.877 0.177 0.261 0.649 0.261 0.126 0.185 0.573 0.135 0.177 0.329 1.290 0.245 0.683 0.152 0.160 0.658 0.599 0.953 2.150 0.270 0.211 0.185 0.497 0.497 2.040 0.497 1.147 0.320 0.236 2.260 0.388 0.826 1.374 0.371 0.236 0.497 1.779 0.211 0.455 0.944 1.939 0.371 1.712 0.304 0.396 2.336 1.037 2.403 5.405 0.911 0.573 0.497 0.2097 0.169 0.413 0.177 0.455 0.337 0.750 0.185 0.497 0.228 0.573 0.346 0.582 0.607 1.046 0.185 0.497 0.126 0.219 0.211 0.565 Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Annually Grab E Part I, Page 2 of 8 I Permit No. NC0003760 PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average (Ibs/day) Daily Maximum (Ibs/day) Daily Maximum (uglL) Measurement Frequency (2) Sample Type Sample Location (1) Tetrachloroethylene 0.185 0.472 Annually Grab E Toluene 0.219 0.675 Annually Grab E Total Chromium 9.359 23.356 Annually Grab E Total Copper 362.1 Annually Grab E Total Cyanide 3.541 258.7 Annually Grab E Total Lead 2.698 5.818 Annually Grab E Total Nickel 14.250 33.558 Annually Grab E Total Talc 8.853 22.007 Annually Grab E 1,2,4-Trichlorobenzene 0.573 1.180 Annually Grab E 1,1,1-Trichloroethane 0.177 0.455 Annually Grab E 1,1,2-Trichloroethane 0.177 0.455 Annually Grab E Trichtoroethylene 0.177 0.455 Annually Grab E Vinyl Chloride 0.877 2.260 Annually Grab E Total PAHs (2)8.44 (3) Annually Calculated E Benzo(a)anthracene 0.185 Annually Grab E 3,4-Benzofluoranthene 0.194 0.514 Annually Grab E Benzo(k)fluoranthene 0.185 Annually . Grab E Benzo(a)pyrene 0.194 Annually Grab E Chrysene Annually Grab E Dibenz(a,h)anthracene Annually Grab E Indeno(1,2,3-ed)pyrene Annually Grab E Footnotes: 1) Sample location: E - Effluent 2) In the event that the analysis for any of these parameters equals or exceeds its Practical Quantitation Limit, the monitoring frequency for that parameter shall immediately increase to once per quarter. When 12 consecutive quarterly samples using appropriate laboratory methods do not detect the parameter, the monitoring frequency for that parameter shall immediately return to once per year. Also see Footnote (3). 3) Total PAHs are comprised of Benzo(a)anthracene, Benzo(a)pyrene, 3,4-Benzofluoranthene, Benzo(k)fluoranthene, Chrysene, Dibenz (a,h) anthracene, and Indeno (1,2,3-ed) pyrene. The sum of concentrations of these parameters shall not exceed the stated Total PAH limit. In the event that the monitoring frequency for any of these parameters changes per Footnote (2), the change shall apply to all of the Total PAH parameters. Part I, Page 3 of 8 Permit No. NC0003760 • A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — Outfall 002 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge non -contact cooling water, steam condensate, and stormwater runoff from Outfall 002 subject to the following effluent limitations and monitoring requirements: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Parameter Units 11th o eter Average Daily Maximum Measurement Frequency Sample Type Sample Location (1) Flow MGD 5005o - Monthly Instantaneous E pH S.U. 00400 Shall be within the range of 6.0 to 9.0 standard units at all times WeeWy Grab E Temperature °C o0010 See Footnote (2) Monthly Grab E Total Residual Chlorine ug/L 50060 17.0 (3) Monthly • Grab E Total Cadmium ug/L 01027 2.0 Monthly Composite • E Total Chromium ug/L 01034 50.0 Monthly Composite E Total Copper ug/L oio42 Monthly Composite E Total Lead ug/L most 25.0 Monthly Composite E Total Mercury ug/L 71900 0.012 Monthly Composite E Total Nickel ug/L 01067 88.0 Monthly Composite E Total Selenium ug/L 01147 5.0 Monthly Composite E Total Silver ug/L 01077 Monthly Composite E Total Zinc ug/L 01092 Monthly Composite E Total Nitrogen mg/L 00600 Quarterly Composite E Total Phosphorus mg/L 00655 2.0 (quarterly average) (4) Quarterly Composite E There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be addition of chromium, zinc, or copper to the cooling water systems except as components of pre -approved biocidal compounds. See Condition A.(8.). Footnotes: 1) Sample location: E — Effluent. 2) The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of more than 2.8 °C nor at any time cause the ambient water temperature to exceed 32 °C. 3) The effluent limitation for Total Residual Chlorine shall become effective January 1, 2004. 4) The quarterly average for total phosphorus shall be the average of composite samples collected during the calendar quarter (January -March, April June, July -September, October -December). Part I, Page 4 of 8 Permit No. NC0003760 A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 003 During the period beginning on the effective date of this permit and lasting until expiration, the Permittee shall be authorized to discharge non -contact cooling water and steam condensate from Outfall 003 subject to the following effluent limitations and monitoring requirements: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Parameter Units Parameter Code Monthly Daily • Average Maximum Measurement Sample Sample Frequency Type Location (1) Row MGD 50050 Monthly Instantaneous E pH S.U. moo be within the range of 6.0 to 9.0 standard units at all times Weedy Grab E Temperature °C 00010 See Footnote (2) Monthly Grab E Total Residual Chlorine ug/L 50060 17.0 (3) Monthly Grab E Cadmium ug/L 01027 2.0 Monthly Composite E Chromium ug/L 01034 Monthly Composite E Copper ug/L 01042 Monthly Composite E Lead ug/L own 25.0 Monthly Composite E Mercury ` ug/L 71900 0.012 Monthly Composite E Nickel ug/L 01067 88.0 Monthly Composite E Selenium- ug/L 01147 5.0 Monthly Composite E Silver ug/L own Monthly Composite E Zinc .-• ug/L 01092 Monthly Composite E Total Nitrogen mg/L 00600 Quarterly Composite E Total Phosphorus mg/L 00655 2.0 (quarterly average) (4) Quarterly Composite E There shall be no discharge of floating solids or visible foam in other than trace amounts. There shall be addition of chromium, zinc, or copper to the cooling water systems except as components of pre -approved biocidal compounds. See Condition A.(8.). Footnotes: I) Sample location: E — Effluent. 2) The temperature of the effluent shall not cause an increase in the temperature of the receiving stream of more than 2.8 °C nor at any time cause the ambient water temperature to exceed 32 °C. 3) The effluent limitation for Total Residual Chlorine shall become effective January 1, 2004. 4) The quarterly average for total phosphorus shall be the average of composite samples collected during the calendar quarter (January -March, April -June, July -September, October -December). Part I, Page 5 of 8 Permit No. NC00037 6O A.(5.) CALCULATION OF TOTAL NITROGEN LOADS (a.) The Permittee shall calculate monthly and annual TN Loads as follows: (i.) Monthly TN Load (1b/mo) = TN x TMF x 8.34 . where: (b.) TN = the average Total Nitrogen concentration (mg/L) of the composite samples collected during the month TMF = the Total Monthly Flow of wastewater discharged during the month (MG/mo) 8.34 = conversion factor, from (mg/L x MG) to pounds (ii.) Annual TN Load (lb/yr) = Sum of the 12 Monthly TN Loads for the calendar year The Permittee shall report monthly Total Nitrogen results (mg/L and lb/mo) in the discharge monitoring report for that month and shall report each year's annual results (lb/yr) in the December report for that year. A.(6.) ANNUAL LIMITS FOR TOTAL NITROGEN (a.) Total Nitrogen (TN) allocations and TN Load limits for NPDES dischargers in the Neuse River basin are annual limits and are applied for the calendar year. (b.) For any given calendar year, the Permittee shall be in compliance with the annual TN Load limit in this Permit if: (i.) the Permittee's annual TN Load is less than or equal to said limit, or (ii.) the Permittee is a Co-Permittee Member of a compliance association. (c.) The TN Load limit in this Permit (if any) may be modified as the result of allowable changes in the Permittee's TN allocation. (i•) Allowable changes include those resulting from purchase of TN allocation from the Wetlands Restoration Fund; purchase, sale, trade, or lease of allocation between the Permittee and other dischargers; regionalization; and other transactions approved by the Division. (ii.) The Permittee may request a modification of the TN Load limit in this Permit to reflect allowable changes in its TN allocation. Upon receipt of timely and proper application, the Division will modify the permit as appropriate and in accordance with state and federal program requirements. (iii.) Changes in TN limits become effective on January 1 of the year following permit modification. The Division must receive application no later than August 31 for changes proposed for the following calendar year. (iv.) Application shall be sent to: NCDWQ / NPDES Unit Attn: Neuse River Basin Coordinator Mail Service Center Raleigh, NC 27699-1617 (d.) If the Permittee is a member and co-perrnittee of an approved compliance association, its TN discharge during that year is governed by that association's group NPDES permit and the TN limits therein. (i.) The Permittee shall be considered a Co-Permittee Member for any given calendar year in which it is identified as such in Appendix A of the association's group NPDES permit. Part I, Page 6 of 8 Permit No. NC0003760 (ii.) Association roster(s) and members' TN allocations will be updated annually and in accordance with state and federal program requirements. (iii.) If the Permittee intends to join or leave a compliance association, the Division must be notified of the proposed action in accordance with the procedures defined in the association's NPDES permit. (A) Upon receipt of timely and proper notification, the Division will modify the permit as appropriate and in accordance with state and federal program requirements. (B) Membership changes in a compliance association become effective on January 1 of the year following modification of the association's permit. (e.) The TN monitoring and reporting requirements in this Permit remain in effect until expiration of this Permit and are not affected by the Permittee's membership in a compliance association. A.(7.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.9%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of January, April, July, and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test Part I, Page 7 of 8 Permit No. NC0003760 form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re- opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A.(8.) BIOCIDES The Permittee shall not use any biocides in its cooling systems except those approved by the Division of Water Quality in conjunction with the permit application. The Permittee shall notify the Director in writing not later than ninety (90) days prior to planned use of any additional biocide which may be toxic to aquatic life, other than those previously reported to the Division. Such notification shall include submittal of a completed Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. A.(9.) INSTREAM MONITORING Instream monitoring requirements in this NPDES permit shall be provisionally waived so long as the Permittee remains a member of the Lower Neuse Basin Association and the Association continues to function as approved by the Division and the Environmental Management Commission. If the Permittee does not participate in the Association or if the Association ceases to function, the instream monitoring requirements in this permit become effective immediately; and the Division may reopen this permit by administrative letter to establish additional instream monitoring requirements it deems necessary to adequately characterize the effects of the discharges on water quality in the receiving stream. A.(10.) NON -DETECTION REPORTING AND DETERMINATION OF COMPLIANCE When pursuant to this permit a pollutant analysis is conducted using an approved analytical protocol with the appropriate minimum detection level and a result of "non -detectable" or "below quantitation limit" is obtained, the Permittee shall record that result as reported. For the purpose of determining compliance with a permit limit for the pollutant, the numerical value of that individual analytical result shall be zero. Part I,Page 8of8 imap://sergei.chennikov%40dwq.denr.ncmail.net@cros.ncmail.net:143/f... Subject: RE: 37006 - Invista Figure 1 From: "Vincent, Jay" <jvincent@craworld.com> Date: Thu, 28 Oct 2004 15:43:54 -0400 To: "Sergei Chernikov" <sergei.chernikov@ncmail.net> Sergei...attached is the entire Form 2F for your review. Also, I am sending you a copy of the sample location map. The location of leachate collection area # 8 is hand drawn and is situated very near to sample location 9. The analytical data for sample #9 contained in Table 1 was considered to be representative of any potential leachate that is derived from location 8. In the letter accompanying Invista's Request for Modification dated September 28, 2004, three leachate collection areas were identified under Item 4. Two of the leachate collection areas were described as being located within Basin B. These two areas correspond to locations 8 and 9 which are shown on the attached map. In addition, a third collection area was identified within Basin C. This area is denoted as sample location area 10 on the accompanying map. The locations of the original Ash Landfill, C&D Landfill, and new Ash Landfill discussed under Item 4 are noted in Figure 3 of the electronic version along with the hard copy of the oversized map that was included in the application packet. If I can be of further assistance, please feel free to call. J From: Sergei Chernikov [mailto:sergei.chernikov@ncmail.net] • Sent: Thursday, October 28, 2004 12:12 PM To: Vincent, Jay Subject: Re: 37006 - Invista Figure 1 Jay, I have received the map. I think it would be a good idea to postpone our conversation until I receive a clarification letter from you regarding request #4, and form 2. Thanks! Sergei Vincent, Jay wrote: Sergei...here is the missing map that shows sampling and proposed outfall locations. I will call you shortly to go over any questions that you might have. Best Regards, J Jay T. Vincent Water Resources Project Manager Conestoga Rovers & Associates 4215-1 Stuart Andrew Blvd. Charlotte, NC 28217 (704) 676-0502 (Office) (704) 650-5733 (Mobile) 1 of 2 12/3/2004 2:53 PM imap://sergei. chernikov%40dwq. denr.ncmail.net@cros.ncmail.nei:143/f... (704) 676-0704 (Fax) Email: jvincent(a4craworld.com Web: www.craworld.com An Equal Employment Opportunity Employer Sergei Chernikov, Ph.D. Environmental Engineer NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 phone: 919-733-5083 ext. 594 fax: 919-733-0719 2 of 2 12/3/2004 2:53 PM imap://sergei.chernikov%40dwq.denr.ncmail.net@cros.ncmail.net:143/f... Subject: RE: 37006 - Invista Figure 1 From: "Vincent, Jay" <jvincent@craworld.com> Date: Fri, 29 Oct 2004 15:09:43 -0400 To: "Sergei Chernikov" <sergei.chernikov@ncmail.net> Sergei...yes, sample location 9 is referred to as "location 9" in the email correspondence submitted yesterday. Thus, the terms were used interchangeably. The two collection sumps (location 8 and sample location 9) referenced in Basin B were apparently constructed as part of historic waste disposal activities at the site in the 1950s and early 1960s. The disposal area is referred to as SWMU 3 which was closed in the mid 1960s. The location of SWMU 3 is indicated in the attached map. The collection area referred to in Basin C appears to collect leachate from the original Ash Landfill, which was closed in the mid 1970s, and the new Ash Landfill, which is currently undergoing closure. Leachate from the new Ash Landfill is currently being treated in accordance with the Department's conditional approval letter for inclusion of this leachate dated November 13, 2003. Locations of the two landfill areas are shown in the oversized map that accompanied the modifcation packet as Areas 47 & 49.. All three leachate collection areas have very low flows estimated at approximately 0.05 gpm or less. J Jay T. Vincent Water Resources Project Manager Conestoga Rovers & Associates 4215-1 Stuart Andrew Blvd. Charlotte, NC 28217 (704) 676-0502 (Office) (704) 650-5733 (Mobile) (704) 676-0704 (Fax) Email: jvincent@,craworld.com Web: www.craworld.com An Equal Employment Opportunity Employer From: Sergei Chernikov [mailto:sergei.chernikov@ncmail.net] Sent: Thursday, October 28, 2004 4:17 PM To: Vincent, Jay Subject: Re: 37006 - Invista Figure 1 Jay, I still have a few questions. You mention that "two areas correspond to locations 8 and 9 which are shown on the attached map". Attached map only contains Location 8, there is no Location 9 on the map. Do you mean Sample Location 9? Are you using these terms interchangeably? Also please let me know what are the sources of leachate for basin B (two areas) and basin C. Thank you! 1 of 3 12/3/2004 2:54 PM imap://sergei.chernikov%40dwq.denr.ncmail.net@cros.ncmail net:143/f... Sergei Vincent, Jay wrote: Sergei...attached is the entire Form 2F for your review. Also, I am sending you a copy of the sample location map. The location of leachate collection area # 8 is hand drawn and is situated very near to sample location 9. The analytical data for sample #9 contained in Table 1 was considered to be representative of any potential leachate that is derived from location 8. In the letter accompanying Invista's Request for Modification dated September 28, 2004, three leachate collection areas were identified under Item 4. Two of the leachate collection areas were described as being located within Basin B. These two areas correspond to locations 8 and 9 which are shown on the attached map. In addition, a third collection area was identified within Basin C. This area is denoted as sample location area 10 on the accompanying map. The locations of the original Ash Landfill, C&D Landfill, and new Ash Landfill discussed under Item 4 are noted in Figure 3 of the electronic version along with the hard copy of the oversized map that was included in the application packet. If I can be of further assistance, please feel free to call. J From: Sergei Chernikov[mailto:sergei.chernikov@ncmail.net] Sent: Thursday, October 28, 2004 12:12 PM To: Vincent, Jay Subject: Re: 37006 - Invista Figure 1 Jay, I have received the map. I think it would be a good idea to postpone our conversation until I receive a clarification letter from you regarding request #4, and form 2. Thanks! Sergei Vincent, Jay wrote: Sergei...here is the missing map that shows sampling and proposed outfall locations. I will call you shortly to go over any questions that you might have. Best Regards, J Jay T. Vincent Water Resources Project Manager Conestoga Rovers & Associates 4215-1 Stuart Andrew Blvd. Charlotte, NC 28217 (704) 676-0502 (Office) (704) 650-5733 (Mobile) (704) 676-0704 (Fax) Email: jvincent@craworld.com 2 of 3 12/3/2004 2:54 PM PROPOSED RELOCATION OF NPDES OUTFALL CO2 SAMPLE LOCATION 4 PROPOSED OUTFALL 004 SAMPLE LOCATION 6 PROPOSED OLITFAU. 006 SAMPLE LOCATION I I NPDES OUTFALL 601 swAV 3 Loccnroo SAMPLE LOCATION 9 PROPOSED OUTFALL 006 SAMPLE LOCATION 5 SAMPLE LOCATION 10 • - - UNAY•Al knownWINAA.MMY■d•Yrd ArAbomiadmkJIMM•hing •MidanAilYMMYM ialimmilimmil•MMANYW rasiJmigYaMMYEBIA14 mom6mofiiM iM1=1•1 daYanwi•M iM hood .i.w..760:14 _,.„,_.441111111a1111:41111_, ftio.mui ..b.k.rammo4/1.44=4 va6rimmenumar..4 ,b........,==.:111414e2.6..,,,.. :ZIMei.Mallhi IiIMI QAml.i.illIMINIIIMI ---- ....,...... ........... ii,............ •md.a.Y.M=IM MEMO Arluirlsoil IA Mali •W.Jm.Lm. 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NORTH CA0C(K SAMPLING LOCATION WA ®O0e111.40f01.0 O OYOOATOI �• 1 IMMO INVISTA March 19, 2004 NC DENR/DWQ/Point Source Branch Attn: Valery Stephens 1617 Mail Service Center Raleigh, NC 27699-1617 Built on DuPont Innovation P.O. Box 800 Highway 11 North Kinston NC USA 28502-0800 Re: Change in Asset Sale Closing Date for Kinston E.I. DuPont Facility Certified Mail ticket#7099 3400 0011 9992 0186 Dear Valery Stephens As we have indicated previously, E. I. du Pont de Nemours and Company ("DuPont") entered into an Agreement on November 16, 2003 to transfer assets of its current subsidiary, INVISTA, INC. (f/k/a DuPont Textiles and Interiors, Inc.), to Arteva Specialties S.a r.l. a private company owned by a subsidiary of Koch Industries, Inc. This asset transfer includes assets and operations at 4693 Highway 11 North, Kinston NC, 28502 Subject to receiving U.S. and international regulatory approvals, the transfer of the INVISTA assets to Arteva is still expected to occur within the first six months of 2004. The previous target date for Closing on the asset sale was March 31, 2004. This letter is to notify you that the target date for Closing on the asset transfer has been changed and is now April 30, 2004. Please update your files to reflect this as the new Closing date with respect to any permit submissions you may have received, as appropriate. Other aspects of the transaction remain unchanged. As of the Closing date, Arteva will be doing business as INVISTA, S.a r.l., and will change its name to INVISTA, S.a r.l. on or shortly after Closing. We solicit your continued assistance in transferring Permit NC0003760 in an orderly fashion, and in having permits in place at Closing so that our facility may experience uninterrupted operations after the transaction. INVISTA personnel will continue to be in contact with you concerning this transaction and permit requests, and will remain available to answer any questions you may have. In the meantime, please contact me directly at 252-522-6443 if you have any questions or concerns. Sincerely, James R. Proctor Environmental Specialist Michael F. Easley Governer Wdliam G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alai W. Klimek, P.E. Director. Division of Water Quality WATER UALITY SECTION PERMIT NAME/OWNERSHIP CHANGE FORM I. CURRENT PERMIT INFORMATION: Permit Number. N/C/ 0 / 0 / 0 / 3 / 7 / 6 / 0 / or Certificate of Coverage Number: 1. Permit holder's name: El. DuPont de Nemours 2. Permit's signing official's name and tide: Robert C. AMOS (Person legally responsible for permit) Plant Manager 3. Mailing address: 4693 Hwy 11 North State: N.C. Zip Code:28502--0800 n. raOWNER/NAME INFORMATION: (Tide) City: Kinston Phone: ( 252 )522-6209 1. This request for change is a result of: 'Change in ownership of company Name change for company X Change in ownership of property/facility Name change for property/facility Other (please explain): r 2. Owner Information Company or Owner Name: ARTEVA SPECIALTIES S.A.R.L (name to be put on permit / cenificare of coverage) Owner's/operator's or signing official's name: Carol Murin Title: Vice President, Compliance and Director, 'EMS Company Contact: Carol Murin Title: Vice President, Cor piiancund Director, EH&S Owner Mailing address: 15710 JFK Boulevard. Suite 500 Ciry: Houston State: Texas Zip Code: 77032 Phone: (281) 986-1423 E-mail address: Carol.Murin ii.KoSa.Com 3. Facility Information Facility Name: ARTEVA SPECIALTIES S.A.R.L Facility Contact: Robert C. Amos Tide: Facility Manager Facility Mailing address: 4693 Hwy 11 North City: Kinston State: N.C. Zip Code: 285Q2-0800 Phone: (252 )522-6209 E-mail/address: SWU-239-I0250I SO/Zo SLE-ON OS:EL 7o, 2.2i4io • PERMIT NAME / OWNERSHIP CHANGE FORM THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL. REQUIRED ITEMS: 1. This completed application 2. Legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation) Certification must be completed and signed by both the current permit holder and the now applicant in the case of change of ownership. For name change only, complete and sign the application certification. Current Permlttee's Certification: ; o b 17 e C. S , attest that this application for name/ownership change ha: been reviewed and is accurate and comp etc to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all required supporting information and artachments are not included, this application package will be returned as inco Signature! Date: 33 /o/dY Applicant's Certification: I, CEO [kuR.t, attest that this application for a name/ownership change has been reviewed and is accurate and compete to the best of my knowledge. I understand that if all required parrs of this application arc not completed and that if all required supporting information and attachments are not included, this application package will be returneas inc • te. Signature: Date; in (A QA THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS, SHOULD BE SENT TO THE FOLLOWING ADDDRESS; NC DENR / DWQ / Point Source Branch Attn: Valery Stephens 1617 Mail Service Center Raleigh, North Carolina 27699-1617 SWU-239-102501 50/0 SL£ - ON o5 : L h0 LZ/'io 0ata:427--04 To: Susan A. Wilson From: James R. Proctor SUBJECT: Documentation and Pages: i L INVISTK Built on DuPont Innovution P.O. Box 800 Highway 11 North Kinston NC USA 28502-0800 FAX Fax:919--733-0719 Telephone:252-522-6443 KOCH documentation. 50/L0 SL£-ON 05:£L 170, LZ/W Re: Fwd: Fw: Ownership change Subject: Re: Fwd: Fw: Ownership change From: "Anthony Michaels" <amichaels@bdlaw.com> Date: Tue, 27 Apr 2004 18:04:15 -0400 To: <susan.a.wilson@ncmail.net> CC: <james.r.protor@invista.com>, <Jim.Mulligan@ncmail.net>, <Roger.Thorpe@ncmail.net> Susan - Per your suggestion, we will submit appropriate documentation after the Closing. Thanks very much for your quick response. Please let me know if you have any questions or concerns. Thanks again. Tony Susan Wilson <susan.a.wilson@ncmail.net> 4/27/2004 4:50:28 PM »> Tony - If there is anyway you could give us some abbreviated documentation after closing that would be fine. I don't think it's necessary to send 250 pages - at least I would hope not! The facility can continue to operate past April 30 under the existing permit (under the new ownership) until DWQ completes the name/ownership change - we have the documentation in-house of the intent and DWQ is fine with that. I'm going to copy Jim Mulligan and Roger Thorpe of our Washington Regional Office to let them know of what's transpiring. Anthony Michaels wrote: Susan - I am working with James Proctor at the Invista Kinston plant concerning the ownership change. We can get you a copy of the Purchase Agreement, with a fax copy of the signature page, along with the relevant Schedule attachment to the Purchase Agreement which identifies the Kinston facility as included in the sale. The Purchase Agreement is approximately 250 pages and was signed in November 2003. It contains the terms for the entire transaction, which includes multiple facilities in the United States and around the world. If this would satisfy the requirement, we will get you a copy as soon as possible. 1 of 3 4/28/2004 12:05 PM Re: Fwd: Fw: Ownership change We will not have any more definitive documentation of the change in ownership until after the sale is completed, which is expected to occur this Friday, April 30. Please let me know whether you would like to receive the Purchase Agreement prior to Closing. If instead you would prefer to receive more definitive documentation after closing, please let me know and please confirm that the facility can continue to operate under the new ownership as of May 1, 2004. Thanks! Tony Anthony L. Michaels Beveridge & Diamond, PC 1350 I St., NW, Suite 700 Washington, DC 20005-3311 direct 202-789-6058, fax 202-789-6190 CONFIDENTIALITY STATEMENT: This electronic message contains information >from the law firm of Beveridge & Diamond, P.C., and may be confidential or privileged. The information is intended solely for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this message is prohibited. If you have received this e-mail in error, please notify us immediately by telephone at (202) 789-6000 or e-mail reply and delete this message. Thank you. <James.R.Proctor@invista.com> 4/27/2004 3:36:55 PM »> Forwarded by James R Proctor/NA/INVISTA on 04/27/2004 03:30 PM Susan Wilson <susan.a.wilson@ncmail.net> on 04/27/2004 02:50:15 PM 2 of 3 4/28/2004 12:05 PM Re: Fwd: Fw: Ownership change r To: James.R.Proctor@invista.com cc: Subject: Ownership change James - As we had discussed over the phone - the name and ownership change form is fine. The only other piece of documentation we will need is as outlined in Item No. 2 of the second page of that form - legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation). Once that information is forwarded - we will have no problem proceeding with the Name/Ownership Change. All we will do is change the name on the NPDES permit from DuPont (NC0003760) to Arteva Specialties. (It will not have to be publicly noticed - it is a simple administrative change) . That will be the only change with the permit: any references to DuPont will be changed to Arteva Specialties. There will likely be a few days of administrative lag time - but we will have the documentation in-house and Arteva will be the responsible party after the legal ownership change. As you stated in your letter - you anticipate that after Arteva acquires the facility, there will likely be a Name change (not ownership) to INVISTA, S.a.r.l. shortly thereafter. Once again - at that time another Name -change form will have to be submitted (this will be a simple process where only the Name change form is required). DWQ will then administratively change the name on the permit. Thanks for all the info - hope this summary helps. Susan 3 of 3 4/28/2004 12:05 PM • DM POINT SOURCE Fax:9197330719 T ransm i -t Clan-_ Repo r-t ** Feb 26 2004 12:13 P. 1 Fax/Phone Number Mode Start Time Page Result Note 82525226236 NORMAL 26,12:13 0'40" 3 # 0 K Mtchacl f. tRAiPy f:nveRrnol Wiliam G. Hoes, Jr.. `.r rrrinry With Curullns Dopar[mcnt 01 Environment enrt NRIIsVAl 1 Ir.,rnrrr e. Alan W. Klimek, 1'.I , !marine 11i�rision o♦ Waled Quality Water Quality Secflon/ NPDES Unit FAX: ('/1Y) /:l:LI)/ISi 2/26/114 FAX TO: James Proctor Rc.: DuPont Kinston (tnvlsta) FAX NUMBER:257 599 6236 I FROM: Susan A. Wilson, P.E. PHONE: 733.50831 ext. S10 NO. OF PAGES INCLUDING THIS SHEET: 5 Jamee, Here ra the intnrmalinn/forms needed for a formal name chariyri. Tlris ib din:wrung that Invista will MI thn !Agra hOld0r Of the permit (meaning thy new nanpnnaihle Mr ail r}sues related to the wastewater, wasttrwdtr<rr plcult. and NPDES permit). It any other water aualay rotated permil nnnrin to hP r.hAnged let me know — there could be dcftwrent forms to fill out (I'd have to check into lbw). Also. if you'd draw me a real etmpt0 diagram of how you plan to m:ltnll the rterhlnr that, would be helpful (can't remember — I thinkyou woe vuveking of aurruN wire -gasket type container In th0 channel ?)..lust glen MA n top view and eldo view of it (ttond drawing in trnw). With thn rfer htnr lahtels — rinPs the rna„ufikUuiet huw many/much dechlor le necoccary for all csumatcd of the cntortnC rg3iCuel? How do you know how mur.h en put rn, t lr are ynn pis! rriuiny to Nu by lklrrsy7 Thanks for the into. ire carAtrrl with the weather — sriowirry guilt a Lril Irr?re, I plan to be here this attomoon urtlut:t; it gets really bad. Susan