HomeMy WebLinkAboutWQ0005906_Final Permit_19920617State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street - Raleigh, North Carolina 27611
James G. Martin, Governor George T. Everett, Ph.D
William W. Cobey, Jr., Secretary Director
June 17, 1992
Mr. R. D. Ferguson, Plant Manager
E. I. Dupont De Nemours & Co., Inc.
Post Office Box 800
Kinston, N.C. 28502
Subject: Permit No. WQ0005906 Amendment
E. I. DuPont De Nemours & Co., Inc.
Kentec Site
Groundwater Remediation System
Lenoir County
Dear Mr. Ferguson:
In accordance with your request received June 8, 1992, we are forwarding herewith Permit No.
WQ0005906 as amended, dated June 17, 1992, to E. 1. DuPont De Nemours & Co., Inc. for the
construction and operation of the subject facility. This permit amendment will allow E. I. DuPont De
Nemours & Co., Inc. to fully utilize their 20,000 gallon railcars.
This permit shall void Permit No. WQ0005906 issued December 23, 1991 and shall be effective
from the date of issuance until December 31, 1992, 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.
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.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015
An Equal Opportunity Affirmative Action Employer
If you need additional information concerning this matter, please contact Mr. Michael D. Allen at
(919) 733-5083.
cc: Lenoir County Health Department
vv a.,ivap,Lun Regional Office
Mr. Jeff Lautier, Groundwater Section
Facilities Assessment Unit
Training and Certification
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
GROUNDWATER REMEDIATION 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
E. I. DuPont De Nemours & Co., Inc.
Lenoir County
FOR THE
construction and operation of a 7,200 GPD groundwater remediation system with 2,000 GPD being
reused in the E. I. DuPont De Nemours & Co., Inc.'s Kentec Facility and the remaining flow being
collected into a 20,000 gallon railcar and being transported to the E. I. DuPont De Nemours & Co., Inc.'s
Kinston Wastewater Treatment Facility (NPDES Permit No. NC0003760) consisting of the construction
of a temporary 300,000 gallon capacity dewatering holding lagoon, approximately 2,605 linear feet of 6-
inch perforated groundwater interceptor piping, two (2) simplex pump stations equipped with Myers 1-HP
Model WE1012H pumps and high water alarms, a 600 gallon surge/pretreatment tank, a Ultrox F-325
UV/oxidation reactor with a 14 pound ozone generator and peroxide feed with Ultraviolet light, two (2)
165-pound granular activated carbon canisters, a 16,000 gallon holding tank, associated piping, valves
and appurtenances to serve E. I. DuPont De Nemours & Co., Inc.'s Kentec Site with no discharge of
wastes to the surface waters, pursuant to the request received June S, 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 void Permit No. WQ0005906 issued December 23, 1991 and shall be effective
from the date of issuance until December 31, 1992, and shall be subject to the following specified
conditions and limitations:
I. Qcngral CQntlidim
1. This permit shall become voidable unless the subject pump and haul activities are carried
out in a manner which has been approved by this Division.
2. This permit is effective only with respect to the nature and volume of wastes described in
the application and other supporting data.
3. The facilities shall be properly maintained and operated at all times.
4. 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.
5. No type of wastewater other than that from E. I. DuPont De Nemours & Co., Inc.'s
Kentec's groundwater remediation shall be included in the pump and haul activities.
6. the permit shall become voidable unless the agreement between E. I. DuPont De Nemours
& Co., Inc. and CSX Transportation or Conoco Transportation for the transportation of the
treated groundwater is in full force and effect.
7. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall cease operation of all pump and haul activities and
take such immediate corrective action, as may be required by this Division.
8. The groundwater collected by this system shall be treated in the E. I. DuPont De Nemours
& Co., Inc.'s Kinston Wastewater Treatment Plant (NPDES Permit No.NC0003760) prior
to being discharged into the receiving stream
9. The remediated groundwater from the E. I. DuPont De Nemours & Co., Inc.'s Kentec site
,%U be accumulated in a 20,000 gallon railcar, sampled and analyzed in accordance with
Item 1.27 of this permit and introduced into the E. I. DuPont De Nemours & Co., Inc.'s
Kinston Wastewater Treatment Plant prior to any primary treatment components such the
remediated groundwater is conveyed through the entire treatment train. The introduction
rate shall not exceed 20,000 gallons in a 24-hour day.
10. The Washington Regional Office, telephone no. (919) 946-6481, shall be notified at least
forty-eight (48) hours in advance of operation of the pump and haul activities 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.
11. The Permittee is liable for any damages caused by a spill or failure of the pump and haul
operations.
12. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
13. The Permittee or his designee shall inspect the groundwater remediation and collection
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 as long as the pump and haul activities are being conducted and shall be made available
upon request to the Division of Environmental Management or other permitting authority.
14. 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 groundwater remediation and collection facilities 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;
and may obtain samples.
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15. An accurate record of the pump and haul activities must be maintained by the Permittee,
indicating:
a) date groundwater is removed from the facility,
b) name of facility from which groundwater is removed,
c) name of facility receiving groundwater, and
d) volume of groundwater removed,
e) status of permanent disposal option.
These records shall be submitted to the Washington Regional Office of the Division of
Environmental Management on or before the fifteenth (15) day of the following month.
16. 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.
17. 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.
18. The Permittee shall provide for the installation and maintenance of an audible and visual
ftlghwaa alarm.
19. A leakage test shall be performed on the septic tank and dosing tank to insure that any
exfiltration occurs at a rate which does not exceed twenty (20) gallons per twenty-four (24)
hour per 1,000 gallons of tank capacity. The engineer's certification will serve as proof of
compliance with this condition.
20. A copy of the approved plans and specifications shall be maintained on file by the Perrriittee
for the life of the project.
21. Noncompliance Notification:
The Permittee shall report by telephone to the Washington Regional Office, at telephone no.
(919) 946-6481, 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 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.
b. Any failure of a pumping station, sewer line, etc. resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such
station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter
fora: 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.
22. Upon completion of construction and prior to operation of the subject pump and haul
activities, a certification must be received from a professional engineer certifying that the
permitted facilities have been installed in accordance with this permit, the approved plans
and specifications. Mail the Certification to the Permits and Engineering Unit, P.O. Box
29535, Raleigh, NC 27626-0535.
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II.
23. 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).
24. As soon as is feasibly possible, all contaminated water shall be removed from the
temporary lagoon. The Washington Regional Office Supervisor shall be notified when this
operation is completed.
25. The amount of contaminated groundwater pumped into the lagoon shall be kept to a
minimum, in order to minimize the hydraulic load, and thus, minimize further
contamination of the underlying surficial aquifer.
26. Within 30 days of completely emptying the dewatering lagoon a plan shall be submitted to
the Washington Regional Office Supervisor for approval outlining the closure of the
dewatering holding lagoon.
27. Each railcar shall be sampled for the following parameters:
Monthly Average Railcar or Tanker
Parameter Railcar or Tanker Concentration* Concentration*
1, 1 -Dichloroethane (DCA) 14 ug/liter 21 ug/liter
1,1-Dichloroethylene (DCE) 14 ug/liter 21 ug/liter
1,4-Dioxane 200 ug/liter 300 ug/liter
* The following concentrations were determined from the Treatablilty Study outlined in the
"Kentec Corrective Action Plan", July 11, 1991, prepared by CH2M Hill for E.1. DuPont
De Nemours & Co., Inc.:
1,1-Dichloroethane (DCA) 7 ug/liter
1,1-Dichloroethylene (DCE) 7 ug/liter
1,4-Dioxane 100 ug/liter
28. 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.
29. This permit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division of Environmental Management deems
necessary in order to adequately protect the environment and public health.
1. E.T. DuPont De Nemours & Company, hereafter DuPont, desiring to comply with the legal
requirements of the Environmental Management Commission, hereafter Commission,
regarding underground water quality standards and with all pertinent provisions of the law
and applicable rules of the Commission, does hereby to do and perform the following
activity:
Complete construction of the groundwater
collection/treatment and disposal system
and commence operation
September 1, 1992
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2. Dupont shall submit all progress reports and data required by the Division established
under the provisions of this permit and/or implementation of the Remedial Action Study
(RAS). The reports shall be submitted to the Washington Regional Office on a quarterly
basis, which will begin with the first day of the month following the month the RAS was
placed into operation.
3. Dupont shall properly operate and maintain the facility so as to minimize the impact of
groundwater contamination.
DIIJ .nt shall submit no later than fourteen (14) days after the deadline for completing each
item in Section II, Condition 1, certification to the Director of the Division of
Environmental Management whether such item has been performed. This provision does
not apply to the submission of monitoring reports.
5. In the event Dupont does not comply with any of the terms or conditions of this permit, it
may be subject to civil penalties and all other sanctions provided by N.C. General Statutes
§§ 143-215.2 and 143-215.6. DuPont agrees to pay penalties to the Commission
according to the following schedule for failure to meet the deadlines set out in Section H
Condition 1:
Failure to complete construction of the $1,000 per day/ 1 st 30 days
groundwater treatment and disposal $3,000 per day/ 2nd 30 days
system and commence operation $5,000 per day/ 90 days
Dupont and the Commission agree that the stipulated penalties are not due if DuPont
satisfies the Director of the Division of Environmental Management that noncompliance
was caused solely by:
a. An act of God:
b. An act of war:
c. An internal act or omission of a third party, but this defense shall not be available if
the act or omission is that of an employee or agent of DuPont or if the act or
omission occurs in connection with a contractual relationship with the permittee;
d. An extraordinary event beyond the permittee's control. Contractor delays or failure
to obtain funding will not be considered as events beyond the permittee's control; or
e. Any combination of the above cases.
6. Pursuant to the terms of the Corrective Action Plan (CAP), DuPont will construct a
groundwater interceptor trench (GIT) to prevent migration off -site within the superficial
aquifer of dioxane, DCE and DCA. Water collected in the GIT will be collected, treated
and disposed of pursuant to the terms of this permit and the CAP as approved by any
superseding NPDES Permit or any other permit issued by the Commission subsequent to
the date of this permit. Collection, treatment and disposal of treated water from the GIT
shall be continued until the groundwater collected in the GIT reached the target clean-up
levels specified in the approved CAP.
7. DuPont agrees that this permit shall pertain only to the source and property identified as the
Kentec site located in Lenoir County which is owned by DuPont. Unless an applicable
Special Order or permit has been issued by the Commission, violations of groundwater
standards resulting from additional sources for which DuPont is responsible may subject
DuPont to all sanctions provided by N.C. General Statutes §§ 143-215.2 and 143-215.6.
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Permit issued this the 17th day of June, 1992
CAROLINA
George T. Even
Division of Envi
By Authority of
AL MANAGEMENT COMMISSION
Management Commission
P
Permit No. WQ0005906 Amendment
June 17, 1992
as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction
of the nroiecf
Pro�ect 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 Registration No.
Date
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