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HomeMy WebLinkAbout8106_Duke_Rogers_PTO_ DIN25702_20160613 Rogers CCP Landfill Duke Energy June 13, 2016 DIN 25702 Page 1 of 11 North Carolina Department of Environmental Quality Division of Waste Management Pat McCrory Donald R. van der Vaart Governor Secretary 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone/Fax 919-707-8200 Internet: http://www.ncdenr.gov An Equal Opportunity \ Affirmative Action Employer STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WASTE MANAGEMENT SOLID WASTE SECTION SOLID WASTE MANAGEMENT FACILITY Permit No. 8106 DUKE ENERGY CAROLINAS, LLC is hereby issued a PERMIT TO CONSTRUCT Not Applicable PERMIT TO OPERATE 8106-INDUS-2009, DUKE ENERGY, ROGERS CCP LANDFILL PERMIT FOR CLOSURE Not Applicable Located within the James E. Rogers Energy Complex (formerly Cliffside Steam Station) property boundaries, at NCSR 1002 (Duke Power Road), Cliffside Community, Rutherford County, North Carolina, in accordance with Article 9, Chapter 130A, of the General Statutes of North Carolina and all rules promulgated thereunder and subject to the conditions set forth in this permit. The legal description of the site is identified on the deeds recorded for this property listed in Attachment No. 1 of this permit. Edward F. Mussler, III, P.E., Supervisor Permitting Branch, Solid Waste Section Division of Waste Management, NCDEQ Rogers CCP Landfill Duke Energy June 13, 2016 DIN 25702 Page 2 of 11 ATTACHMENT 1 GENERAL PERMIT CONDITIONS/INFORMATION PART I: GENERAL FACILITY Permit to Operate Date Table Permit Status Issuance Expiration DIN 8106-INDUS-2009, Duke Energy, Rogers CCP Landfill Active JUNE 13, 2016 September 7, 2020 25702 General Conditions 1. This permit is issued by the North Carolina Department Environmental Quality, Division of Waste Management, Solid Waste Section (Section). In accordance with North Carolina Solid Waste Management Rule 15A NCAC 13B .0201(d), a solid waste management facility permit shall have two parts: a Permit to Construct and a Permit to Operate. The Permit to Construct must be implemented in accordance with Attachment 2 of this permit. The Permit to Operate must be implemented in accordance with Attachment 3 of this permit. 2. The persons to whom this permit is issued (“permittee”) are the owners and operators of the solid waste management facility. 3. The Permit to Construct for this facility dated June 4, 2009, was recorded in the Rutherford County Register of Deeds on July 15, 2009, in Deed Book 985, Pages 695 – 702 (DIN 8645). 4. When this property is sold, leased, conveyed, or transferred in any manner, the deed or other instrument of transfer shall contain in the description section in no smaller type than that used in the body of the deed or instrument, a statement that the property has been used as a solid waste management facility and a reference by book and page to the recordation of the permit. 5. By beginning construction or receiving waste at this facility the permittee shall be considered to have accepted the terms and conditions of this permit. 6. Operation of this solid waste management facility shall be in accordance with the Solid Waste Management Rules, 15A NCAC 13B, Article 9 of the Chapter 130A of the North Carolina General Statutes (NCGS 130A-290, et seq.), the conditions contained in this permit, and the approved plan. Should the approved plan and the rules conflict, the Solid Waste Management Rules shall take precedence unless specifically addressed by permit condition. Failure to comply may result in compliance action or permit revocation. 7. This permit is issued based on the documents submitted in support of the application for permitting the facility including those identified in Attachment 1, List of Documents for Approved Plan, and which constitute the approved plan for the facility. Where discrepancies exist, the most recent submittals and the Conditions of Permit shall govern. 8. This permit may be transferred only with the approval of the Section, through the issuance of a new or substantially amended permit in accordance with applicable statutes and rules. In Rogers CCP Landfill Duke Energy June 13, 2016 DIN 25702 Page 3 of 11 accordance with NCGS 130A-295.2(g) the permittee must notify the Section thirty (30) days prior to any significant change in the identity or business structure of either the owner or the operator, including but not limited to a proposed transfer of ownership of the facility or a change in the parent company of the owner or operator of the facility. 9. The permittee is responsible for obtaining all permits and approvals necessary for the development of this project including approval from appropriate agencies for a general or individual NPDES Stormwater Discharge Permit. Issuance of this permit does not remove the permittee’s responsibilities for compliance with any other local, state or federal rule, regulation or statute. Properties Approved for the Solid Waste Management Facility Rutherford County, N.C. Register of Deeds Book Page Acres 940 93-97 Duke Energy Carolinas, LLC 182.47± Total Site Acreage: 182.47± PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable PART IV: INDUSTRIAL LANDFILL UNIT(S) 8106-INDUS-2009, Duke Energy, Rogers CCP Landfill Permitting History Permit Type Date Issued DIN Site Suitability approved. November 18, 2008 6074 Permit to Construct, Phase I, original issuance. June 4, 2009 7421 Permit to Construct, Phase I, modification of approved plans, GCL Longitudinal Seaming Procedures and Leachate Force Main Alignment. December 2, 2009 8916 Permit to Operate, Phase I, original issuance. September 7, 2010 11354 Permit to Construct Phase II, amendment. September 17, 2012 16709 Permit to Construct Phase II, modification of permit, extension of the 18 month substantial construction requirement. March 19, 2014 20715 Permit to Operate, Phase II, Modification June 13, 2016 25702 Rogers CCP Landfill Duke Energy June 13, 2016 DIN 25702 Page 4 of 11 List of Documents for Approved Plan DIN Description 5957 Duke Energy – Cliffside Steam Station, New CCP Landfill, Site Application Submittal. Prepared by CDM. Prepared for Duke Energy. January 7, 2008. 6059 Site Suitability – Cliffside CCP Landfill – Phase 1, Duke Energy, Rutherford County, Response to Comments. Prepared by CDM. Prepared for Duke Energy. September 22, 2008. 7797 Duke Energy Corporation, Cliffside CCP Landfill – Phase 1, Construction Application. Prepared by CDM. Prepared for Duke Energy. December 2008, Revised June 2009. 7420 Response to Review Comments on Construction Plan Application, Review letter dated March 13, 2009, Duke Energy Corporation, Cliffside Steam Station, Rutherford County, North Carolina, Cliffside CCP Landfill, Construction Plan Application, DIN 6990. Prepared by CDM. Prepared for Duke Energy. May 13, 2009. 7695 Duke Energy Corporation, Cliffside Steam Station, Permit No. 81-06 Rutherford County, North Carolina, Cliffside CCP Landfill, Permit to Construct Modification. Prepared by CDM. Prepared for Duke Energy. June 2009. 8833 Duke Energy Corporation, Cliffside CCP Landfill – Phase 1, Permit Modification, GCL Longitudinal Seaming Procedures and Leachate Force Main Alignment. Prepared by CDM. Prepared for Duke Energy. November 3. 2009. 10699 Duke Energy, Cliffside Steam Station, Cliffside CCP Landfill, Phase I Construction Quality Assurance Report, Final Submittal. Prepared by CDM. Prepared for Duke Energy. July 2010. 11433 Duke Energy, Cliffside Steam Station, Cliffside CCP Landfill, Operations Plan. Prepared by CDM. Prepared for Duke Energy. December 2008, Revised August 2010. 17193 Duke Energy, Cliffside Steam Station, CCP Landfill – Phase II, Construction Plan Application. Prepared by CDM. Prepared for Duke Energy. December 2011. Revised August 2012. 20677 Cliffside Steam Station, Coal Combustion Products (CCP) Landfill Phase II, Permit No. 8106-INDUS-2009, Phase II PTC Modification Request. Prepared by Duke Energy. March 2014. 25731 Duke Energy Carolinas, LLC, Rogers CCP Landfill Facility Permit No. 8106, Water Quality Monitoring Plan, (updated February 2016). Prepared by CDM. Prepared for Duke Energy. February 2016. 25732 Duke Energy, Rogers Energy Complex (Formerly Cliffside Steam Station), Rogers CCP Landfill Operations Plan Permit No. 8106. Prepared by CDM. Prepared for Duke Energy. March 2016. 25730 Duke Energy, Rogers Energy Complex, (Cliffside Steam Station), Cliffside CCP Landfill, Permit No. 8106-INDUS-2009, Phase II Construction Quality Assurance Report. Prepared by CDM. Prepared for Duke Energy. March 2016. 25924 Supplement to Application for Permit to Operate - Construction Quality Assurance Report, Permit No. 8106-INDUS, Rogers Energy Complex (formerly Cliffside Steam Rogers CCP Landfill Duke Energy June 13, 2016 DIN 25702 Page 5 of 11 Station), 573 Duke Power Road, Mooresboro, NC 28114. Prepared by CDM. Prepared for Duke Energy. March 2016. PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) Not Applicable PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT Not Applicable - End of Section- Rogers CCP Landfill Duke Energy June 13, 2016 DIN 25702 Page 6 of 11 ATTACHMENT 2 CONDITIONS OF PERMIT TO CONSTRUCT PART I: GENERAL FACILITY Not Applicable PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable PART IV: INDUSTRIAL LANDFILL UNIT(S) Not Applicable PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) Not Applicable PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT Not Applicable - End of Section – Rogers CCP Landfill Duke Energy June 13, 2016 DIN 25702 Page 7 of 11 ATTACHMENT 3 CONDITIONS OF PERMIT TO OPERATE PART I: GENERAL FACILITY 1. Financial assurance must be continuously maintained for the facility in accordance with NCGS 130A 295.2. The owner and operator must annually adjust cost estimates for inflation. 2. All sedimentation and erosion control activities must be conducted in accordance with the Sedimentation Control Act NCGS 113A-50, et seq., and rules promulgated under 15A NCAC 4. All required sedimentation and erosion control measures must be installed and operable to mitigate excessive on-site erosion and to prevent silt from leaving the area of the landfill unit during the service life of the facility. 3. Copies of this permit, the approved plans, and all records, required to be maintained in the operating record by the permittee, must be maintained at the facility, unless otherwise approved by the Section, and made available to the Section upon request during normal business hours. 4. All forms, reports, maps, plans, and data submitted to the Section must include an electronic (pdf) copy. 5. The facility must be adequately secured by means of gates, chains, berms, fences, or other security measures approved by the Section to prevent unauthorized entry. 6. Interior roadways must be of all-weather construction and maintained in good condition. 7. The edge of the waste footprint for all disposal units must be identified and maintained with permanent physical markers. 8. The owner or operator must maintain a record of the amount of solid waste received at the landfill unit, compiled on a monthly basis, utilizing installed and well maintained truck scales. Any alternative methods for establishing truck weights must be approved in writing by the Section. 9. The following, at a minimum, must not be accepted for disposal at the facility: hazardous waste, yard trash, liquid wastes, regulated medical waste, sharps not properly packaged, PCB waste as defined in 40 CFR 761, and wastes banned from disposal by NCGS 130A-309.10(f). Monitoring and Reporting Requirements 10. Groundwater locations must be established and monitored as identified in the List of Documents for Approved Plan. 11. A licensed geologist must be present to supervise the installation of groundwater monitoring wells. The exact locations, screened intervals, and nesting of the wells must be established after consultation with the Section Hydrogeologist at the time of well installation. 12. Groundwater monitoring wells must be sampled for the constituents in the approved monitoring plan, at least semi-annually, according to the specifications outlined in the Rogers CCP Landfill Duke Energy June 13, 2016 DIN 25702 Page 8 of 11 approved Water Quality Monitoring Plan and the current policies and guidelines of the Section in effect at the time of sampling. 13. Reports of the analytical data for each monitoring event must be submitted to the Section within 120 days of the respective sampling event. Analytical data must be submitted in a manner prescribed by the Section. Records of all groundwater and leachate analytical data must be kept as part of the permanent facility record. 14. Untreated leachate must be sampled and analyzed at least semi-annually concurrently with the groundwater sampling, one sample per event. The leachate must be analyzed for the same constituent list as the groundwater monitoring wells outlined in the approved Water Quality Monitoring Plan. Test results must be submitted to the Section along with groundwater test results. In the event leachate is recirculated, additional leachate sampling may be required. 15. A readily accessible unobstructed path must be cleared and maintained so that four-wheel vehicles may access monitoring well locations at all times. 16. A log which details all development, sampling, repair, and all other pertinent activities associated with each monitoring well and all sampling activities associated with each surface water and leachate sampling location must be kept as part of the permanent facility record. 17. All well construction records and soil boring logs for new wells must be submitted to the Section Hydrogeologist for review within 30 days of completion. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable PART IV: INDUSTRIAL LANDFILL UNIT(S) 8106-INDUS-2009, Duke Energy, Rogers CCP Landfill 18. The Permit to Operate shall expire September 7, 2020. Pursuant to 15A NCAC 13B .0201(e), no later than March 7, 2020 the owner or operator must submit a request to the Section for permit review and must update pertinent facility plans including, but not limited to, the facility operation and waste screening plans. 19. This permit approves the operation of Phase I and II, of the industrial landfill, as well as the onsite environmental management and protection facilities as described in the approved plans. 20. This facility is permitted to receive solid waste generated by or at any and all Duke Energy Corporation facilities, as described in the approved plan and as defined in NCGS 130-290 Rogers CCP Landfill Duke Energy June 13, 2016 DIN 25702 Page 9 of 11 (a)(2b), except where prohibited by NCGS 130A, and the rules adopted by the Environmental Management Commission. Waste types include, but are not limited to: a. Coal combustion residuals (CCRs) (including fly ash, bottom ash, boiler slag, coal mill rejects/pyrites, flue gas desulfurization sludge, gypsum, leachate basin sludge, nonhazardous sandblast material, limestone, lime, ball mill rejects, coal, carbon, sulfur pellets, cation and anion resins, sediment from sumps, cooling tower sludge, filter bags, conditioning agents (e.g., lime kiln dust), soil material that contains any of the above material and soil used for operations.); b. Incidental amounts of geotextile used in the management of CCP's. The geotextile materials are to be porous in nature and may include but are not limited to: silt bags, bag house bags, geotubes, and geotextile fabric used to manage CCP material. c. And vacuum truck waste. 21. The following conditions must be met prior to approval for operation of any phase, cell or construction sequence of the structural fill; a. Financial assurance must be made current if any adjustment is warranted. b. A construction quality assurance documentation report shall be prepared in accordance with the approved plan and submitted to the Section for review prior to placement of waste. c. New groundwater monitoring wells associated with each new phase or cell shall be installed and background sampling shall be completed for the constituents listed in the approved Water Quality Monitoring Plan listed in Attachment 1, List of Documents for Approved Plan. 23. On or before August 1 annually, the permittee must submit an annual facility report to the Section, on forms prescribed by the Section. a. The reporting period shall be for the previous year beginning July 1 and ending June 30. b. The annual facility report must list the amount of waste received and landfilled in tons and be compiled: i) On a monthly basis. ii) By specific waste type. iii) By disposal location within the facility. iv) By county of origin. c. A measurement of volume utilized in the landfill cells must be performed during the second quarter of the calendar year. The date and volumes, in cubic yards, must be included in the report. d. The amount of waste, in tons from scale records, disposed in landfill cells from September 7, 2010 through the date of the annual volume survey must be included in the report. e. The completed report must be forwarded to the Section Environmental Senior Specialist for the facility by the date due on the prescribed annual facility report form. f. A copy of the completed report must be forwarded to each county manager for each county from which waste was received at the facility. Documentation that a copy of the report has been forwarded to the county managers must be sent to the Section Rogers CCP Landfill Duke Energy June 13, 2016 DIN 25702 Page 10 of 11 Environmental Senior Specialist by the date due on the prescribed annual facility report form. 24. The facility operator must complete an approved operator training course in compliance with NCGS 130A-309.25. a. A responsible individual certified in landfill operations must be on-site during all operating hours of the facility to ensure compliance with operational requirements. b. All pertinent landfill-operating personnel must receive training and supervision necessary to properly operate the landfill units. 25. The following table lists the estimated gross capacity, acreage and status details for the landfill units. Gross capacity is defined as the calculated volume from the elevation of initial waste placement to the top of the final cover. Duke Energy, Rogers CCP Landfill Waste Capacity Construction Sequence Waste Capacity (cubic yards) Area (acres) Status Phase I 2,415,000 23.3 Constructed Phase II 1,922,000 15.3 Constructed Phase III 3,654,000 16.9 Proposed Phase IV 3,327,000 16.2 Proposed Phase V 2,025,000 14.3 Proposed Total 13,343,000 86.0 PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) Not Applicable PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT Not Applicable - End of Section – Rogers CCP Landfill Duke Energy June 13, 2016 DIN 25702 Page 11 of 11 ATTACHMENT 4 CONDITIONS OF PERMIT FOR CLOSURE PART I: GENERAL FACILITY 1. Closure or partial closure of any landfill unit must be in accordance with the closure plans described in the approved plans. Proposed changes to the approved closure plans must be submitted to the Section at least 90 days prior to implementation. 2. Closure construction quality assurance reports must be submitted to the Section at least annually and maintained in the operating record of the facility. 3. Final closure of the landfill and initiation of the 30-year post-closure period commences upon the engineer’s certification that the closure of the fill is complete. 4. Post-closure use of the property must not disturb the integrity of the cap system, base liner system, or any other components of the containment system or the function of the monitoring systems. The Section may approve disturbance if the constructor or operator demonstrates that disturbance of the cap system, base liner system, or other component of the containment system will not increase the potential threat to public health, safety, and welfare; the environment; and natural resources. PART II: MUNICIPAL SOLID WASTE LANDFILL UNIT(S) Not Applicable PART III: CONSTRUCTION AND DEMOLITION DEBRIS LANDFILL UNIT(S) Not Applicable PART IV: INDUSTRIAL LANDFILL UNIT(S) Not Applicable PART V: LAND CLEARING AND INERT DEBRIS LANDFILL UNIT(S) Not Applicable PART VI: TRANSFER STATION/TREATMENT & PROCESSING UNIT(S) Not Applicable PART VII: MISCELLANEOUS SOLID WASTE MANAGEMENT Not Applicable - End of Conditions –