WQ0000507_Final Permit_19930408

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
April $, 1993
Mr. J. W. Laney III, President
Laney Oil Company
Post Office Box 68
Monroe, North Carolina 28110
Dear Mr. Laney:
Subject: Permit No. WQ0000507
Laney Oil Company
Best Stop No. 7, Alton, N.C.
Groundwater Remediation Facilities
Union County
In accordance with your application received September 17, 1992, we are forwarding herewith
Permit No. WQ0000507 dated April 8, 1993, to Laney Oil Company for the continued operation of the
subject groundwater remediation facility and the construction and operation of additional treatment units
for the subject facilities. The purpose of this permit is to add a third recovery well and a third aeration tank
with blower to the existing remediation treatment units. The added flow of the third recovery has the
potential of overloading the existing infiltration gallery. Operation of this system of recovery wells must be
accomplished such that the remediation is adequate and does not overload the treatment units or the
infiltration gallery. Any surface discharges from the treatment facilities or the infiltration gallery 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. Please note the groundwater
conditions for this permit have been modified.
In a December 15, 1992, Ietter from Delta Environmental Consultants, Inc., comments were made
concerning the the need for an NPDES discharge permit for this rernediation system. Ms. Coleen Sullins,
the supervisor of the Division's NPDES Group, was consulted for a response to these comments. An
original NPDES permit application was denied primarily for potential violation of surface water standards.
Though this nondischarge remediation system has demonstrated a removal rate as high as 99%, it does not
necessarily mean that the effluent limits and Water Quality standards can be met for the nearby WS class
surface waters. Also, NPDES permits are not usually issued if alternative options exist. A reconsideration
for an NPDES permit is only possible if the existing nondischarge system is on longer capable of
remediating the spill and further down gradient contamination is expected to occur to surface waters or if
no other alternative exists. Even under these circumstances, an NPDES Permit must be evaluated on it's
own merits and may or may not be approved. This also includes every possible means of improvement to
the existing nondischarge system having been attempted already.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/761-2351
Poltution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

The Division is in receipt of a letter dated March 23, 1993 from Delta Environmental, which
requests that the subject non -discharge permit be rescinded and references that the nondischarge permit be
replaced by an NPDES permit. To address the specifics of this request the following comments are
offered. Any request for rescission of the nondischarge permit must be submitted by the applicant and not
the consultant. Secondly, since there are existing facilities in place, the nondischarge permit for this site
cannot be rescinded. If it were, this would constitute operation of a facility without a valid permit and
would subject you to additionally enforcement actions. Documentation would be required to be submitted
that indicates that the groundwater section would concur with the existing facility being taken out of
operation. If the system ceased operation, the remediation activities would be discontinued and therefore,
violations of any groundwater or water quality standards would continue. The information submitted by
Delta pertaining to an NPDES Permit is not considered complete and is therefore being returned to you.
The additional information that would be necessary to apply for an NPDES permit would include, but is
not necessary limited to and individual permit application form and not a Notice of Intent, an application
processing fee, and all associated documentation which would include an alternative analysis and
supporting information. You are encouraged to contact a representative of the NPDES group to obtain
specifics concerning the requirements which must be met.
This permit shall be effective from the date of issuance until March 31, 1996, and shall be subject
to the conditions and limitations as specified therein. Please pay particular attention to the monitoring
requirements in this permit. Failure to establish an adequate system for collecting and maintaining the
required operational information will result in future compliance problems. Issuance of this permit hereby
voids Permit No. WQ0000507, issued April 15, 1991.
If any parts, requirements, or limitations contained in this 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.
One set of approved pians and specifications is
information concerning this matter, please contact rte h
cc: Union County Health Department
Mooresville Regional Office, Water Quality Section
Mooresville Regional Office, Groundwater Section
Jack Floyd, Groundwater Section
Delta Environmental Consultants, Inc.
Facilities Assessment Unit
Training and Certification (no change in rating)
forwarded to you. If you need additional
rmour at 9191733-5083.
L ainc.e
Linc rely,
ston Ho ard, Jr., P. .
Acting Directo

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
INFILTRATION GALLERY 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
Laney Oil Company
Union County
FOR THE
continued operation of a 4,300 GPD groundwater remediation facility consisting of two (2) recovery wells
each with a 5 gpm pump, a 1,000 gallon oil/water separator, two (2) 80 gallon aeration tanks in series with
a 600 cfm blower, and a 60 foot by 7 foot by 12 foot deep infiltration gallery; and the construction and
operation of a recovery well with a 5 gpm pump, a 180 gallon channeled diffused aeration tank with a 700
cfm blower, and all associated piping, controls, valves, meters, and appurtenances to serve the Laney Oil
Company's Best Stop No. 7 in Alton, North Carolina, with no discharge to the surface waters, pursuant
to the application received September 17, 1992, 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 shall be effective from the date of issuance until March 31, 1996, and shall be subject
to the following specified conditions and limitations:
"N111523SX10331112M OW3 W41191 f
1. Upon completion of construction and prior to operation of the new treatment units for this
permitted facility, a certification must be received from a professional engineer certifying
that the permitted facility has been installed in accordance with this pen -nit and the approved
plans and specifications_ Mail the Certification to the Permits and Engineering Unit, P.O.
Box 29535, Raleigh, NC 27626-0535.
2. The Mooresville Regional Office, telephone number 704/ 663-1699 shall be notified at least
forty-eight (48) hours in advance of operation of the installed facilities so that an in-place
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.
3. This permit shall become voidable if the soils fail to adequately absorb 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.

4. In the event that the facilities fail to 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.
5. 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.
6. Any sludge generated from these treatment facilities must be disposed of in accordance with
General Statute 143-215.1 and in a manner approved by the North Carolina Division of
Environmental Management.
7. Diversion or bypassing of the untreated groundwater from the treatment facilities is
prohibited.
8. The permittee will take all necessary steps to maintain operation of the subject groundwater
remediation system to effectively capture and remediate the spill contaminant plume. This
includes the construction of additional facilities and/or the expansion of the infiltration
gallery, if necessary.
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 (ORC) of
the wastewater treatment facilities. The operator must hold a certificate of the type and
grade at least equivalent to or greater than the classification assigned to the wastewater
treatment facilities by the Certification Commission. The Permittee must also employ a
certified back-up operator of the appropriate type and grade to comply with the conditions
of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at
least weekly and each Class II, III, and IV facility at least daily, excluding weekends and
holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202.
3. The facilities shall be effectively maintained and operated as a non -discharge system to
prevent the discharge of any wastewater resulting from the operation of this facility.
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 Mooresville Regional Office, telephone
number 704/ 663-1699 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:
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a. Any occurrence at the wastewater treatment facility which results in the treatment of
significant amounts of wastes which are abnormal in quantity or characteristic, such
as the dumping of the contents of a basin or tank; the known passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures
of pumps, aerators, compressors, etc.
C. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-
pass directly to receiving waters without treatment of all or any portion of the
influent to such station or facility.
d. Any time that self-monitoring information indicates that the facility is not in
compliance with its permit limitations.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 15 days following first knowledge of the occurrence. This report must outline
the actions taken or proposed to be taken to ensure that the problem does not recur.
1. Flow data as well as water level measurements in the wells and infiltration gallery shall be
collected weekly and submitted monthly to the Mooresville Regional Office
Hydrogeological Supervisor for the first 6 months following permit issuance. if the
infiltration gallery is unable to accommodate the minimum design flow of 3 GPM, the
Division may require additional disposal units to facilitate remediation of the contaminant
plume.
2. The influent and effluent from the treatment system shall be sampled every March, June,
September, and December for the parameters specified below:
EPA Method 602
pH
The results of the sampling and analysis shall be sent to the Groundwater Section in the
Mooresville Regional Office, within 30 days of sample collection.
3. The permittee shall sample all monitoring wells within 30 days of permit issuance and
thereafter annually for Benzene, Toluene, Ethylbenzene, and Xylenes using EPA Method
602. The concentrations of these constituents shall be used to develop an iso -concentration
map for these constituents. These maps shall be submitted to the Mooresville Regional
Hydrogeological Supervisor along with all groundwater monitoring well data.
2. All components of the groundwater recovery, treatment and disposal system shall be
properly weather -proofed to prevent freezing and failure of the system.
4. The groundwater recovery treatment and disposal system shall be inspected weekly. If it is
determined that the system is malfunctioning, all repairs should be made as soon as
possible and reported to the Mooresville Regional Office.
5. Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.

iW
1. Adequate inspection, maintenance and cleaning shall be provided by the Permittee to insure
proper operation of the subject facilities.
2. The Permittee or his designee shall inspect the groundwater recovery and treatment
facilities to prevent malfunctions and deterioration, operator errors and 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 keep 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.
VI. GENERA NDIT QNS
1. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans, specifications and other supporting data.
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 Permittee, 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. The Permittee shall obtain a well construction permit from the Mooresville Regional Office
prior to construction of the recovery wells.
5. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the life of this project.
6. 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.
7. 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).
S. 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.
4

9. The Permittee, at least six (6) 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.
10. Issuance of this permit hereby voids Permit No. WQ0000507 issued April 15, 1991.
Permit issued this the 8th day of April, 1993
N
AL MANAGEMENT COMMISSION
A. Preston How Yr.,'P.E., Dire4tor
Division of Environme e ent
By Authority of the Environment anazement Commission
Permit No. WQ0000507
R

Pen -nit No. WQ0000507
April 8, 1993
Engineer's Certification
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full tune) the construction of the
project,
Project Name
Location
for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation
of the construction such that the construction was observed to be built within substantial compliance and
intent of the approved plans and specifications.
Signature
Date
67
Registration No.