WQ0004784_Final Permit_19911018

OCT 24 1441
State of North Carolina ENV. MANAGEMENT
yE TEVILLE REG. OFFICE
Department of Environment, Health and Natural l ources
Division. of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27626-0535
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
October 18, 1991
Certified Mail iT
Return Receipt Requested
44)
Mr. Tom Herring
Oak Hill Farms
Post Office Box 220
Autryville, North Carolina 28318
Subject: Permit No. WQ0004784
Administrative Amendment
- Mr. Tom Herring
Oak Hill Farms
Remediation of Contaminated Soils
Cumberland County
Dear Mr. Herring:
On August 14, 1991, the Division of Environmental Management issued Permit No.
WQ0004784 to you for the operation of a contaminated soil remediation program. Since that time,
the Division has determined that severalmodifications ne&d to -be made to this permit in order to
7 clarify some of the conditions and to correct an error regarding the number of monitor wells;
therefore, the Division is making these 'modifications by -reissuing the subject administratively
amended permit.
This permit (administrative amendment) shall be effective sixty days from your receipt of it
until July 31, 1996, and shall be subject to the conditions and limitations as specified therein.
Upon the effective date of this permit (Permit No. WQ0004784 dated October 18, 1991), Permit
No. WQ0004784, which was issued on August 14, 1991, shall be void.
The modifications contained in this administratively amended permit are as follows:
1) Condition I.1 has been modified to clarify that the Fayetteville Regional Office shall
be notified within twenty-four hours or during the next work day after land
application;
2) Condition 1113 has been modified by including soils contaminated by a surface spill
as those that may not be land applied;
Pollution Prevention Pays
F.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Af nnative Action Employer

3) Condition I1L4.f has been modified by stating that the results of the Toxicity
Characteristic Leaching Procedure Test must be submitted only when this test is
required by condition 111.3;
4) Condition TII.4, last statement, has been modified to clarify that no contaminated soils
may be land applied without written authorization by deleting the words "sources of';
S) Condition IV.1 has been modified by stating that seven monitor wells are required,
three upgradient and foto' downgradient;
6) Condition IV.3 has been modified by citing the applicable general statute, as per the
most recent codification;'
7) Condition N.5, third paragraph, has been modified to include further guidance on
the requirements for soil analysis;
8) Condition IV.8 has been deleted since the requirements for a site management plan
are covered in condition VI.8;
9) Condition VI.8 has been modified to require the submittal of the site management
plan within forty-five days, as previously required in condition 1V.8;
10) Condition VI.I I has been modified by citing the applicable general statute(s), as per
the most recent codification;
If any parts, requirements, or limitations contained in this administratively amended permit
are unacceptable to you, you have the right to request an adjudicatory hearing upon written request
within 30 days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office
of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such
demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Mr. Randy Jones
at 919/ 733-5083.
nc rely,
George6verett
cc: Cumberland County Health Department
Groundwater Section
Training & Certification (no revised rating)
Facilities Assessment Unit

' ' ' � NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
CONTAMINATED SOILS DISPOSAL PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North
Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Mr. Tom Herring
Cumberland County
construction and operation of a (virgin) petroleum contaminated soils disposal system consisting
of land application and treatment of tested (gasoline, diesel, kerosene and home heating oils)
(virgin) petroleum contaminated soils (excluding waste oil and heavy fuel oils) from multiple
locations to a 12.4 acre treatment and disposal area located on the east side of NC Hwy 210
approximately 0.3 mile south of the junction with NCSR 2030 in southeastern Cumberland
County, the treatment and testing of the subject soils until the soiI's contamination levels are
below 10 ppm (as defined by the Division of Environmental Managem-,nt's 'GUIDELINES FOR
REMEDIATION OF SOIL CONTAMINATED BY PETROLEUR1'), and once acceptable
contamination levels are achieved, the land application of additional (virgin) petroleum
contaminated soils to the approved site for treatment, with no discharge of wastes to the surface
waters, pursuant to the application received March 4, 1991, and in conformity with the project
plan, specifications, and other supporting data subsequently filed and approved by the Department
of Environment, Health and Natural Resources and considered a part of this permit.
This permit (administrative amendment) shall be effective sixty days from your receipt of it
until July 31, 1996, and shall be subject to the conditions and limitations as specified therein.
Upon the effective date of this permit (Permit No. WQ0004784 dated October 18, 1991), Permit
No. WQ0004784, which was issued on August 14, 1991, shall be void-
1.
oid
I. PERFORMANCE STANDARDS
1. The Fayetteville Regional Office, phone no. 9191 486-1541, shall be notified
within twenty-four (24) hours, or during the next work day after land application of
the contaminated soil so that an inspection can be made. Such notification to the
regional supervisor shall be made during the normal office hours from 8:00 a.m.
until 5.00 p.m. on Monday through Friday, excluding State Holidays.
2. This permit shall become voidable if the soils fail to adequately assimilate the
wastes and may be rescinded unless the facilities are installed, maintained, and
operated in a manner which will protect the assigned water quality standards of the
surface waters and ground waters.
1

3. In the event that the facilities fL*I6 perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement treatment or disposal facilities.
4. The issuance of this permit shall not relieve the Permittee of the responsibility for
damages to surface or groundwaters resulting from the operation of this facility.
5. The following buffers shall be maintained:
a) 100 feet between disposal area and any public or private water supply including
wells
b) 100 feet between disposal area and "SA and SB" classified surface waters
c) 50 feet between disposal area and any stream, lake, river or natural drainageway
d) 50 feet between disposal area and property lines
e) 10 feet between disposal area and surface water interceptor drains or diversions
(upslope)
f) 25 feet between disposal area and surface water interceptor drains or diversions
(downslope) and groundwater drainage systems.
Areas which are to be dedicated as buffers or are otherwise unsuitable for
contaminated soil application shall be clearly identified and shall have a cover crop
maintained on them. Approval for the cover crop to be used shall be obtained from
the Fayetteville Regional Office.
11. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Upon classification of the facility by the Certification Commission, the Permittee
shall employ a certified wastewater treatment plant operator to be in responsible
charge of the wastewater treatment facilities. The operator must hold a certificate of
the type and grade at least equivalent to the classification assigned to the remediation
facilities by the Certification Commission.
3. Adequate measures shall be taken to prevent surface runoff from carrying any
disposed material into any surface waters.
4. The maximum thickness of application shall not exceed three (3) inches. Only soils
contaminated with gasolines, diesel, kerosene or home heating oils may be land
applied.
5. The facilities shall be effectively maintained and operated as a non -discharge system
to prevent the discharge of any wastes resulting from the operation of this facility.
6. The site shall be adequately limed to a soil pH of at least 6.5 prior to disposal of the
contaminated soil. The contaminated soil and lime shall be thoroughly incorporated
into the top six to eight inches of the native soils by tilling or disking.
7. To ensure that sufficient oxygen is provided for waste biodegradation, the site shall
be retilled at periods of one month, two months, and every six months thereafter
following disposal.
8. No food -chain crops shall be grown on the landfarming sites for at least two years
following the completion of contaminated soil application and remediation.
2

9. Nutrients, in the form of nitrogen and phosphorus fertilizers, must be applied over
the disposal area and fully incorporated into the mixed contaminated and native soil
layer. To provide maximum benefits, fertilization should occur no sooner than 15
days nor later than 30 days subsequent to disposal.
Rate of fertilizer application should be the lesser of the following:
a) For nitrogen, the tolerance level of the vegetative crop, as determined by a
knowledgeable party, or 75-100 pounds per acre plant available nitrogen
(PAN).
b) For phosphorus, the tolerance level of the vegetative crop, as determined by a
knowledgeable party, or 50-75 pounds per acre P205 (or equivalent).
10. All foreign debris shall be removed from the petroleum contaminated soil prior to
or in the process of the application of the soil to the site and at no time shall foreign
debris be land applied with the petroleum contaminated soils. Foreign debris
removed from the land applied soil shall be removed from the site within 48 hours
after initial soil application, unless specific approval is granted by the Fayetteville
Regional Office to only accommodate emergencies or extenuating circumstances.
This foreign debris must be disposed of in a manor consistent with all statutes,
rules, regulations, or ordinances which may be imposed by government agencies
(local, state, and federal) which have jurisdiction.
11. No solid object shall be left on site that has any dimension exceeding three inches.
12. For soil being land applied that has a fine clayey texture, the land application of the
soil shall be in very thin layers (one inch or less) and serially incorporated into the
upper six inches of the site soil before each following layer is added until a
maximum of three inches of contaminated soil has been applied.
III. MONITORING AND REPORTINQ REQ=NIENT5
1. Any monitoring deemed necessary by the Division of Environmental Management
to insure surface and ground water protection will be established and an acceptable
sampling reporting schedule shall be followed.
2. Noncompliance Notification:
The Permittee shall report by telephone to the Fayetteville Regional Office,
telephone no. 919/ 486-1541, as soon as possible, but in no case more than 24
hours or on the next working day following the occurrence or first knowledge of
the occurrence of any of the following;
a. Any occurrence with the land application program which results in the land
application of significant amounts of wastes which are abnormal in quantity or
characteristic.
b. Any failure of the land application program resulting in a discharge of wastes to
receiving waters.
c. Any time that self-monitoring information indicates that the facility is not in
compliance with the conditions and limitations of this permit or the parameters
on which the system was designed.
3

d. Any, process unit failure, due to knokvn or unknown reasons, that render the
facility incapable of adequate treatment.
e. Any spillage or discharge from a vehicle or piping system transporting
contaminated soil to the application site.
Persons reporting such occurrences by telephone shall also file a written report
in letter form within 15 days following fust knowledge of the occurrence. This
report must outline the actions taken or proposed to be taken to ensure that the
problem does not recur.
3. There shall be no land application of soils contaminated by a petroleum fuel source
originating from a surface spill or by a petroleum fuel source not regulated under
the Federal Underground Storage Tank Rules (40 CFR Part 280), unless both of
the following stipulations have been met;
a. The contaminated soils have been tested in accordance with the Toxicity
Characteristic Revision Rules as specified in the March 29, 1990 Federal
Register (p. 11798 - 11877), and;
b. For any soil in which one or more constituents exceed the regulatory level
specified in (a), a written clearance is required from this Departments
Division of Solid Waste Management that the contaminated soil is not
subject to regulation by programs administered under its authority.
4. For each source of contaminated soil, the following information must be submitted
to the Fayetteville Regional Office;
a. Source of contamination (facility, address, county, etc.),
b. Class and specific types of petroleum product. Completion of Certification
of Waste Constituents contained in the Guidelines For Remediation of Soil
Contaminated By Petroleum,
c. Estimated volume of contaminated soil from source,
d. Analysis for total petroleum hydrocarbons (TPH), additionally, Toxicity
Characteristic Leaching Procedure analysis shall be conducted for heavy
metals for virgin petroleum contaminated soils,
e. Remaining capacity of dedicated site (in cubic yards), and
f. The results of the Toxicity Characteristic Leaching Procedure Test (as specified
in the March 29, 1990 Federal Register For Toxicity Characteristics
Revisions, p.11798 - 11877), if required by condition III.3.
No contaminated soils shall be land applied prior to receiving written authorization
from the Fayetteville Regional Office.
4

TV. GROUNDWATEAEQUIREMENTS
1. Prinz to beginning waste disposal operations, seven (7) monitor wells, three (3)
upgradient and four (4) downgradient shall be installed at the location shown on the
attached map to monitor groundwater quality. The wells shall be constructed such
that the water level in the well is never above or below the screened (open) portion
of the well at any time during the year. However, the exact location and
construction details for these wells shall be approved by the Fayetteville Regional
Office, from which a well construction permit must be obtained.
2. The monitor wells must be sampled initially after construction ( and prior to waste
disposal operations) and thereafter every March, July, and November for the
following parameters:
TOC pH (6.5-8.5 Standard units)
Water Level Total Suspended Solids
IDS (500.0)
Volatile Organic Compounds - (by method 1 or 2 below)
Method 1: Method 6230D (Capillary - Column), "Standard Methods For The
Examination of Water and Wastewater", 17th ed., 1989
Method 2: Method 502.2 "Method For The Determination Of Organic Compounds
In Drinking Water", U.S. EPA - 600/4-88/039
The measurement of water level must be made prior to sampling for the remaining
parameters.
The measuring points (top of well casing) of all monitoring wells shall be surveyed
to provide relative elevations of the measuring point for each of the monitoring
wells. The depth of water in each well shall be measured from the surveyed point
on the top of the casing.
The numbers in parentheses represent the maximum allowable concentrations in
groundwater for the various analytical parameters, as specified in 15 NCAC 2L
[Groundwater Classifications and Standards]. Unless otherwise noted, the
concentrations are given in parts per million.
If TOC concentrations greater than 10 mg/l are detected in any downgradient
monitoring well, additional sampling and analysis must be conducted to identify the
individual constituents comprising this TOC concentration. If the TOC
concentration as measured in the background monitor well exceeds 10 mg/1, this
concentration will be taken to represent the naturally occurring TOC concentration.
Any exceedances of this naturally occurring TOC concentration in the downgradient
wells shall be subject to the additional sampling and analysis as described above.
If any volatile organic compounds are detected by method 6230D, or the equivalent
method 502.2, then EPA methods 604 and 611 must also be run to detect other
organic compounds which may be present. The results of all analyses specified in
the monitoring requirements, including 604 and 611 if required, must be
submitted simultaneously.
The results of the sampling and analysis shall be sent to the N.C. Division of
Environmental Management on Form GW -59 (Compliance Monitoring Report
Form) every April, August, and December.
5

3.e Compli_nce Baundary delineated on the attached site map for the disposal
s Stem is specified by regulations in 15 NCAC 2L, Classifications and Water
Quality Standards applicable to the groundwater of North Carolina. An exceedance
of Groundwater Quality Standards beyond the Compliance Boundary is subject to
penalty provisions applicable under General Statute 143-215.6A The sale of
property, by the Permittee, which is within or contiguous to the disposal system
site may alter the location of the Compliance Boundary.
For facilities permitted on or after December 30, 1983, the Compliance Boundary is
established at the lesser of 250 feet from the land application area, or 50 feet
within the property boundary.
If the title to any property which may affect the location of the Compliance
Boundary is changed, the permittee shall notify the Division Director within 14
days. The Director sh'a11 then establish a modified Compliance Boundary which
will be done as a modification to the Permit.
The REVIEW BOUNDARY for the disposal system is specified by regulations in
15 NCAC 2L, Groundwater Classifications and Standards. A REVIEW
BQUNDARY is established around disposal systems midway between the
Compliance Boundary and the perimeter of the waste disposal area. When the
concentration of any substance equals or exceeds the maximum allowable
concentration of that substance at the REVIEW BOUNDARY, as determined by
monitoring, the permittee shall either (i) demonstrate, through predictive
calculations or modeling, that natural site conditions, facility design and
operational controls will prevent a violation of standards at the Compliance
Boundary; or, (ii) submit a plan for the alteration of existing site conditions, facility
design or operational controls that will prevent a violation of standards at the
Compliance Boundary, and implement that pian upon its approval by the Director.
4. Any additional groundwater quality monitoring, as deemed necessary by the
Division, shall be provided.
5. Soil samples will be collected, from a minimum of two (2) areas at the disposal site,
at intervals of six months and twelve months following disposal.
Each sample will be composed of the vertical column of soil, extending from land
surfaces to the maximum depth of waste incorporation, and collected by using a soil
auger, Shelby tube or split -spoon sampler.
Samples from each location will be thoroughly mixed and a representative portion
analyzed to determine the concentration of constituents present, utilizing the
California GC Method with SW -846 Method 5030 (Purge and Trap) as sample
preparation, and California GC Method with SW -846 Method 3550 (Sonication
Extraction) as sample preparation on split samples of the soil. The detection limit
must be less than 10 PPM.
A copy of the laboratory results of the soil analysis will be submitted to the
Fayetteville Regional Office, to the attention of the Regional HydrogeoIogical
Supervisor, within 30 days of sample collection.
6. Soils contaminated with petroleum products shall not be applied to an area which
has previously received petroleum contaminated soils unless analysis of soil
samples taken from the site indicates that contaminant levels have been reduced to
below 10 ppm.
7. The land application of petroleum contaminated soils shall be limited to the area
shown on the attached site map.
6

S. Separate land application areas shall be maintained for each disposal project, 160
separated by a S foot buffer. Each area will be labeled to correspond with a map
identifying the source of the soil. This map shall be submitted to the Regional
Office along with other required monitoring reports.
9. A temporary cover crop shall be established on the land application areas after the
second month tilling and every subsequent tilling.
10. The land application of soils contaminated with any products other than Class I or
Class H gasolines, diesel, kerosene and/or home heating oils is prohibited.
11. All buffer zones as prescribed in 15A NCAC 211.0219 shall be observed.
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be pro%ided by the Permittee
to insure proper operation of the subject facilities.
2. The Permittee or designee shall inspect the contaminated soil area to prevent any
discharges which may cause or lead to the release of wastes to the environment, a
threat to human health, or a nuisance. The Permittee shall ke:.p an inspection log or
summary including at least the date and time of inspection, observations made, and
any maintenance, repairs, or corrective actions taken by the Permittee. This log of
inspections shall be maintained by the Permittee for a period of three years from the
date of the inspection and shall be made available upon request to the Division of
Environmental Management or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division of
Environmental Management may, upon presentation of credentials, enter and
inspect any property, premises or place on or related to the disposal site and facility
at any reasonable time for the purpose of determining compliance with this permit;
may inspect or copy any records that must be kept under the terms and conditions
of this permit; or may obtain samples of groundwater, surface water, or leachate.
1. This permit shall become voidable unless the contaminated soil is disposed of in
accordance with the conditions of this permit and the approved documents.
2. This permit is effective only with respect to the nature and volume of wastes
described in the application and other supporting data.
3. This permit is not transferable. In the event there is a desire for the facilities to
change ownership, or there is a name change of the Permittef, a formal permit
request must be submitted to the Division of Environmental Management
accompanied by an application fee, documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request will
be considered on its merits and may or may not be approved.
4. In any future transfer of this land, a notice shall be given to the new owner that
gives full details of the materials applied or incorporated at this site. As part of the
permit renewal application a copy of the deed shall be submitted and the deed shall
clearly show that this permitted activity has taken place on the subject property.
7

0
5. A set of approved documents for the subject project must be retained by the
applicant for the life of the project. The approved documents shall include a copy
of the current permit, the approved site management plan, a site map that includes
all property boundaries and site buffers, a completed permit application, and any
other set of procedures specifically required by and approved by the Division
during the term of the permit.
6. As a requirement for renewal of this permit, a complete set of soil samples shall be
taken to determine the accumulation of metals for all parts of the land application
site that have been used for land application of contaminated soils. These samples
shall be taken within six (6) months of permit renewal application.
7. As a requirement for renewal of this permit, a full range TCLP analysis shall be
submitted for the application site to demonstrate the quantity and nature of materials
present as site residuals.
8. Within forty-five (45) days of permit issuance, the permittee shall submit for
approval to the Fayetteville Regional Office a site management plan (written as to be
used as a site operations and management manual), that includes the following:
a) details regarding soil conditioning and cover crop maintenance,
b) procedures and contingencies to promote aerobic conditions in the soil,
c) procedures and contingencies to achieve and maintain optimum soil pH,
d) procedures and contingencies to achieve and maintain bioremediation,
e) procedures and contingencies to minimize erosion,
f) steps to assure the long-term viability of the site for agricultural and other
uses in the future.
9. The stockpiling of contaminated soils is limited to only those soils that have already
been previously approved by the Fayetteville Regional Office. Stockpiling is
allowed only in the event of adverse weather conditions and unavoidable
mechanical breakdown of equipment necessary for land application. The existence
of a stockpile shall be no longer than ten (10) days. Contaminated soil shall only be
stockpiled on the site area upon which it is intended to be spread. Existing
stockpiles and adverse weather conditions shall be reasons for Regional Office
denial of further requests for additional land application events.
10. Site access shall be controlled by locked gate, ditches, fences or other means such
that the site operator can control access to authorized vehicles only.
11. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Environmental
Management in accordance with North Carolina General Statute 143-215.6A to
143-215.6C.
12. The annual administering and compliance fee must be paid by the Permittee within
thirty (30) days after being billed by the Division. Failure to pay the fee
accordingly may cause the Division to initiate action to revoke this permit as
specified by 15 NCAC 2H.0205 (c)(4).
13. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
E

14. The Permittrt least six months prior to the expiration of this permit, shall request
its extension. Upon receipt of the request, the Commission will review the
adequacy of the facilities described therein, and if warranted, will extend the permit
for such period of time and under such conditions and limitations as it may deem
appropriate.
Permit issued this the 18th day of October, 1991
NORTH C OLINA ENVIRONMENTAL MANAGEMEI\7 COMMISSION
George T. Everett, P ' ector
Division of Environmental Management
By Authority of the Environmental Management Commission
Permit Number WQ0004784
6

a mv�l
-pL
a�•str�
Awc6 i
�rwc�4"1
�iTaR "`� 611
50��Ll WgN-L-
rem
r
EN®
` � t
•I 1 � � 1
C)aA P,lj FAt0"5