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WQ0018087_Final Permit_20201113
ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANI£L SMITH Director NORTH CAROLINA Environmental Quality November 13, 2020 KENT W. ERICKSON — CAPE FEAR SITE MANAGER DAK AMERICAS LLC 1205 CULBRETH DRIVE — SUITE 100 WILMINGTON, NORTH CAROLINA 28405 Subject: Permit No. WQ0018087 DAK Americas — Cape Fear Manufacturing Facility SDU Surface Disposal of Residuals Brunswick County Dear Mr. Erickson: In accordance with your permit renewal request received August 19, 2020, we are forwarding herewith Permit No. WQ0018087 dated November 13, 2020, to DAK Americas LLC for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on February 1, 2021 (i.e., the day after the expiration date of the existing permit). This permit shall be effective from February 1, 2021 through January 31, 2027, shall void Permit No. WQ0018087 issued February 22, 2016, and shall be subject to the conditions and limitations as specified therein. The Permittee shall submit a renewal application no later than August 4, 2026. Please note that the capacity of the surface disposal unit is 194,000 cubic yards, that approximately 170,000 cubic yards have been utilized, and that the unit is no longer accepting residuals, and no expansion of the dikes is allowed. Please pay particular attention to the monitoring requirements listed in Attachments A and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note that on September 1, 2018, North Carolina Administrative Code Title 15A Subchapter 02T — Waste not Discharged to Surface Waters was readopted. Accordingly, this permit incorporates the requirements of these rules, therefore, please take the time to review this permit thoroughly. The Division has removed the following permit conditions since the last permit issuance dated February 22, 2016: ➢ Old Condition 1. 1. — This condition has been removed because it has been fulfilled. ➢ Old Condition L2. — This condition has been removed because it has been fulfilled. ➢ Old Condition L3. — This condition has been removed because it has been fulfilled. ➢ Old Condition III.2. — This condition has been removed because no surface disposal is occurring and the condition is no longer applicable. 010r- D Q �,- North Carolina Department of Environmental Quality I Division of Water Resources vet/[ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 N(1HTH (:A�i(11_INA 0O'tpfF Wrpnme-Qualify 919.707.9000 Mr. Kent W. Erickson November 13, 2020 Page 2 of 3 2016: ➢ Old Condition IV.6. — This condition has been removed because initial sampling has been done. ➢ Old Condition IV.8. —This condition has been removed because no more disposal is occurring. ➢ Old Condition VL2. — This condition has been removed because the permit is not voidable. The following permit conditions are new since the last permit issuance dated February 22, ➢ Condition IL8. — Biological residuals shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .I 107(a) and exemptions to this requirement shall be specified in Attachment A. This condition was previously Old Condition IL7. ➢ Condition IL9. — The surface disposal site was originally permitted by the Division on June 30, 2006. All setbacks specified by 15A NCAC 02H .02190)(5) are applicable to surface disposal sites originally permitted or modified from February 1, 1993 to August 31, 2006, therefore these setbacks have been added. ➢ Condition 111.10. — New and expanding surface disposal units shall be provided with a liner system with a maximum hydraulic conductivity of 10-7 centimeters per second. ➢ Condition IIL 11. — The surface disposal sites shall meet the requirements specified by 40 CFR 503.24(a) as stated on January 1, 1996. ➢ Condition IIL 12. —The surface disposal sites shall not cause nuisance conditions. ➢ Condition IIL 14. — Runoff from a 24-hour 25-year storm event, decant water, and leachate shall be collected from surface disposal units. This condition is similar to Old Condition IIL7. ➢ Condition 111.18. — Following active use, surface disposal units shall be closed. Permits for surface disposal units shall be maintained for three years following successful closure. ➢ Condition IVA. — Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A. The exemptions from the requirements in this condition are also specified in Attachment A. ➢ Condition IV.9. — The formatting requirements for the annual report have changed. One hard copy and one electronic copy of an annual report shall now be submitted. ➢ Condition VI.10. — This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. ➢ Attachment C — In order to more closely monitor the water quality at the site, groundwater monitoring will now be required semi-annually. This change has been made in response to the ongoing 15A NCAC 02L .0202 exceedances. Mr. Kent W. Erickson November 13, 2020 Page 2 of 3 If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. If you need additional information concerning this permit, please contact Poonam Giri at (919) 707-3656 or poonam.girikncdenr.gov. Sincerely, S. Daniel Smith, Director Division of Water Resources cc: Brunswick County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH SURFACE DISPOSAL OF RESIDUALS 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 DAK Americas LLC Brunswick County FOR THE continued operation of a residuals management program for DAK Americas LLC and consisting of the surface disposal of residuals generated by the approved facility listed in Attachment A to the approved site listed in Attachment B, with no discharge of wastes to surface waters, pursuant to the application received August 19, 2020, and in conformity with other supporting data subsequently filed and approved by the Department of Environmental Quality and considered a part of this permit. The disposal of residuals is regulated under Title 40 Code of Federal Regulations Part 257. This permit does not exempt the Permittee from complying with Federal Regulation 40 CFR Part 257. The disposal site, a 12-acre pond known as the surface disposal unit (SDU) includes an underdrain system that feeds into a sump that overflows to a gauge -monitored overflow pond that has its flow pumped back for inclusion into the system. The SDU was covered and ceased receiving residuals on August 10, 2015. This permit shall be effective from February 1, 2021 through January 31, 2027, shall void Permit No. WQ0018087 issued February 22, 2016, and shall be subject to the following conditions and limitations: L SCHEDULES 1. The Permittee shall request renewal of this permit on Division -approved forms no later than August 4, 2026. [15A NCAC 02T .0105(b), 02T .0109] WQ0018087 Version 3.0 Shell Version 200201 Page 1 of 10 IL PERFORMANCE STANDARDS The Permittee shall maintain and operate the subject residuals management program so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the residuals management program fails to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease surface disposing residuals, take immediate corrective actions, and contact the Wilmington Regional Office supervisor. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this residuals management program. [15A NCAC 02T .0108(b)(1)(A)] 3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108] 4. Only residuals generated by the facility listed in Attachment A are approved for surface disposal in accordance with this permit. [15A NCAC 02T .1101] 5. Only the sites listed in Attachment B are approved for residuals surface disposal. [G.S. 143- 215.1(a)(9)] 6. Pollutant concentrations in surface disposal residuals shall not exceed the following Ceiling Concentrations, on a dry weight basis: Distance from Surface Disposal Unit Boundary to Closest Property Line (meters) Ceiling Concentration (milligrams per kilogram) Arsenic Chromium Nickel 0 to less than 25 30 200 210 25 to less than 50 34 220 240 50 to less than 75 39 260 270 75 to less than 100 46 300 320 100 to less than 125 53 360 390 125 to less than 150 62 450 420 Greater than 150 73 600 420 [15A NCAC 02T .1105(d)] 7. Biological residuals shall meet the pathogen reduction requirements in 15A NCAC 02T .1106. Biological residuals placed in a surface disposal unit shall be exempt from meeting pathogen requirements if the residuals are covered with soil or Division -approved material at the end of each operating day. The pathogen reduction requirements in 15A NCAC 02T .I 106(a)(2) and (b) shall not apply for biological residuals generated from treatment of waste demonstrated not to contain pathogens. Exemptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1106(a), 02T .1106(b), 02T .I 106(c), 02T .I 106(d)] 8. Biological residuals shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a), or the Permittee shall cover the residuals with soil or Division -approved material at the end of each operating day. The vector reduction requirements in 15A NCAC 02T . 1107(a) shall not apply for biological residuals generated from treatment of waste demonstrated not to contain pathogens or meet the pathogen requirements in 15A NCAC 02T. I 106(b)(2). Exemptions to this requirement shall be specified in Attachment A. [15A NCAC 02T .1107(a), 02T .1107(b), 02T .1107(c)] WQ0018087 Version 3.0 Shell Version 200201 Page 2 of 10 9. The facilities herein were permitted per the following setbacks: a. The surface disposal sites were originally permitted June 30, 2006. The setbacks for surface disposal sites originally permitted or modified from February 1, 1993 to August 31, 2006 are as follows (all distances in feet): I. Each habitable residence or place of assembly under separate ownership: 400 1 ii. Each private or public water supply source: 100 iii. Surface waters: 100 iv. Groundwater lowering ditches: 25 v. Surface water diversions (upslope): 10 vi. Surface water diversions (downslope): 25 vii. Each well with exception of monitoring wells: 100 viii. Each property line: 50 '` ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15 x. Each water line: 10 xi. Each swimming pool: 100 xii. Public right of way: 50 xiii. Nitrification field: 20 xiv. Each building foundation or basement: 15 ' Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Perinittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. 3 These setbacks were applicable at the time of original permit issuance and were repealed on September 1, 2006. [15A NCAC 02H .02190)(5)] 10. Surface disposal sites permitted on or after December 30, 1983 have a compliance boundary that is either 250 feet from the surface disposal area, or 50 feet within the property boundary, whichever is closest to the surface disposal area. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-215.1(1), G.S. 143-215.1(k)] 11. The review boundary is midway between the compliance boundary and the surface disposal area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15A NCAC 02L .0106(d)(1), 02L .0108] 12. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] WQ0018087 Version 3.0 Shell Version 200201 Page 3 of 10 III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The Permittee shall operate and maintain the residuals management program as anon -discharge system. [15A NCAC 02T .1100] 2. The Permittee shall maintain a Division -approved Operation and Maintenance Plan that shall include: a. Description of the program, and associated facilities and equipment, in sufficient detail to show what operations are necessary for the program to function and by whom the functions are to be conducted; b. Description of anticipated maintenance of facilities and equipment associated with the program; c. Include provisions for safety measures, including restriction of access to sites and equipment; d. Spill control provisions: I. Response to upsets and bypasses including control, containment, and remediation; and ii. Contact information for plant personnel, emergency responders, and regulatory agencies; e. Detailed sampling and monitoring procedures: I. Names or titles of personnel responsible for conducting sampling and monitoring; ii. Description of monitoring procedures including parameters to be monitored; and iii. Sampling frequency and procedures to assure that representative samples are collected. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to meet pathogen and vector attraction reduction requirements. f Detailed procedures for post -closure care management. [15A NCAC 02T .I I I0(a)] Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the residuals management program, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G 0204 and shall comply with all other requirement in 15A NCAC 08G 0204. [15A NCAC 02T .0117, 08G .0204] 4. The Permittee shall ensure that a copy of this permit and the Division -approved Operation and Maintenance Plan is available when disposing residuals. [15A NCAC 02T .1110(b)] The Permittee shall ensure that spill control provisions are available when transporting or disposing residuals. [15A NCAC 02T .1110(a)(4)] 6. Measures shall betaken to prevent wind erosion from residual surface disposal sites. [15A NCAC 02T .0108(b)(1)(A)] 7. Until the Division approves closure of the Overflow Pond, freeboard in the Overflow Pond shall not be less than two feet at anytime. [15A NCAC 02T .0108(b)(1)(A)] 8. A gauge to monitor waste levels in the Overflow Pond shall be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC 02T . I 109(d)(1)(G)] WQ0018087 Version 3.0 Shell Version 200201 Page 4 of 10 9. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)(A)] 10. New and expanding surface disposal units shall be provided with a liner system with a maximum hydraulic conductivity of 10-7 centimeters per second. [15A NCAC 02T .1109(d)(1)(G)] 11. The surface disposal sites shall meet the requirements specified by 40 CFR 503.24(a) as stated on January 1, 1996. [15A NCAC 02T .1109(d)(2)(A)] 12. The surface disposal sites shall not cause nuisance conditions. [15A NCAC 02T .1109(d)(2)(B)] 13. The surface disposal sites shall not cause contravention of surface water or groundwater standards. [15A NCAC 02T .1109(d)(2)(C)] 14. Runoff from a 24-hour 25-year storm event, decant water, and leachate shall be collected from surface disposal units. [15A NCAC 02T .1109(d)(2)(D)] 15. Public access to surface disposal units shall be restricted continuously. [15A NCAC 02T .1109(d)(2)(G)] 16. Animals shall not be allowed to graze on surface disposal units. [15A NCAC 02T .1109(d)(2)(H)] 17. Food crops, feed crops, and fiber crops shall not be harvested from surface disposal units. [15A NCAC 02T .1109(d)(2)(1)] 18. Following active use, surface disposal units shall be closed. Permits for surface disposal units shall be maintained for three years following successful closure. [15A NCAC 02T .1109(d)(3)] 19. The final cover system for each cell of the surface disposal unit shall consist of four layers (a surface enforcement layer (biaxial geogrid polypropylene mesh), a floating modular layer, a biogas venting system layer, and a high density polyethylene impermeable geomembrane layer), as described in Section 5.0 of the Closure Plan. [15A NCAC 02T .1109(c)(3)] WQ0018087 Version 3.0 Shell Version 200201 Page 5 of 10 IV. MONITORING AND REPORTING REQUIREMENTS The Permittee shall conduct and report any Division required monitoring necessary to evaluate this program's impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. The residuals from each source generating facility shall be analyzed to demonstrate they are non- hazardous under the Resource Conservation and Recovery Act (RCRA). Residuals that test or are classified as a hazardous or toxic waste under 40 CFR Part 261 shall not be surface disposed. The analyses (i.e., corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)) shall be performed at the frequency specified in Attachment A, and the Permittee shall maintain these results for five years. Any exemptions from the requirements in this condition shall be specified in Attachment A. The TCLP analysis shall include the following parameters, and the Federal regulatory level (mg/L) is in parentheses: Arsenic (5.0) 1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0) Barium (100.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0) Benzene (0.5) 1,1-Dichloroethylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Heptachlor (and its epoxide) (0.008) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Hexachlorobenzene (0.13) Toxaphene (0.5) Chloroform (6.0) Hexachlorobutadiene (0.5) Trichloroethylene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0) m-Cresol (200.0) Lead (5.0) 2,4,6-Trichlorophenol (2.0) o-Cresol (200.0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0) p-Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2) Cresol (200.0) Methoxychlor (10.0) 2,4-D (10.0) Methyl ethyl ketone (200.0) [15A NCAC 13A .0102(b), 02T. I I 11, 02T. 1105] 3. The residuals from each source generating facility shall be analyzed at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. Each analysis shall include the following parameters: Arsenic pH Nickel Chromium Percent Total Solids [15A NCAC 02T. I I 11] 4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A. The monitoring results shall specify the stabilization process utilized, and demonstrate compliance with the pathogen reduction requirements in 15A NCAC 02T. 1106, and one vector attraction reduction requirement in 15A NCAC 02T. 1107. Any exemptions from the requirements in this condition shall be specified in Attachment A. [15A NCAC 02T .1106, 02T .1107, 02T .1111(c)] 5. Representative samples of residuals that are prepared for surface disposal shall be collected and analyzed. [15A NCAC 02T .1111(a)] WQ0018087 Version 3.0 Shell Version 200201 Page 6 of 10 6. Monitoring wells MW-2A, MW-213, MW-2C, MW-21), MW-2E, and MW-3A shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] 7. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] 8. The Permittee shall maintain records for all residual surface disposal events. These records shall include the following: a. Residuals source (as listed in Attachment A); b. Date of surface disposal; and c. Volume of residuals disposed per acre in gallons, cubic yards, dry tons, or wet tons. [15A NCAC 02T .0108(c)] 9. One hard copy and one electronic copy of an annual report shall be submitted on or before March 1st The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms. Instructions for reporting and annual report forms are available at http://deg .nc. gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/non- discharge-permitting-unit/reporting-forms, or can be obtained by contacting the Non -Discharge Branch directly. The annual report shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .1I I I(d)] 10. All records required as part of this permit shall be retained for a minimum of five years. [ 15A NCAC 02T .0108(b)(1)] WQ0018087 Version 3.0 Shell Version 200201 Page 7 of 10 11. Noncompliance Notification The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215, within 24 hours of first knowledge of the: a. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate residual treatment. b. Any failure resulting in a discharge to surface waters. c. Any time self -monitoring indicates the program has gone out of compliance with its permit limitations. d. Surface disposal of residuals abnormal in quantity or characteristic. e. Any discharge from a vehicle or piping system transporting residuals. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Wilmington Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)] V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the storage and surface disposal facilities. [15A NCAC 02T .1110(f)] 2. The Permittee shall inspect the residuals storage and surface disposal facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of inspection, and this log shall be made available to the Division upon request. [15A NCAC 02T .0 1 08(b)(1)(A), 02T .1110(f)] Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the surface disposal sites or facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] WQ0018087 Version 3.0 Shell Version 200201 Page 8 of 10 VL GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] If the permitted residuals program change ownership, or the Permittee changes their name, the Permittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor - owner. [G.S.143-215.1(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02T; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: I. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] WQ0018087 Version 3.0 Shell Version 200201 Page 9 of 10 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] Permit issued this the 13'h day of November 2020 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. Daniel Smith, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0018087 WQ0018087 Version 3.0 Shell Version 200201 Page 10 of 10 ATTACHMENT A — APPROVED RESIDUAL SOURCES DAK Americas LLC Certification Date: November 13, 2020 Permit Number: WQ0018087 Version: 3.0 Maximum Monitoring Monitoring Approved Owner Facility Name County Permit Biological Dry Tons Frequency for Non- Frequency for Mineralization Number Residuals Year' hazardous Metals and Rate per p Characteristics 2 Nutrients 3, 4, s DAK Americas LLC Cape Fear Site Brunswick NC0000663 No 0 Not Required Not Required N/A Total 0 L Maximum Dry Tons per Year is the amount of residuals approved for surface disposal from each permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing of metals and nutrients as stipulated under permit Condition IV.3. 4. Monitoring frequencies are based on the actual dry tons disposed per year using the table below, unless specified above. Dry Tons Disposed Monitoring Frequency Dry Tons Disposed (metric tons) (short tons per year) (40 CFR 503 and 15A NCAC 02T .1111 c < 290 < 319 Once per year (Annually) > 290 to < 1,500 > 319 to < 1,650 Once per quarter (4 x Year) > 1,500 to < 15,000 > 1,650 to < 16,500 Once per 60 days (6 x Year) > 15,000 > 16,500 Once per month (12 x Year) 5. Residuals are exempt from meeting the pathogen and vector attraction reduction requirements in Condition IVA, provided they are not mixed with residuals that have been generated during the treatment of domestic wastewater, the treatment of animal processing wastewater, or the biological treatment of industrial wastewater that does not meet the requirements of 15A NCAC 02T .1106(c), .1106(d), .1107(b), and .I 107(d). If no surface disposal events occur during a required sampling period (e.g., no surface disposal occurs during an entire year when annual monitoring is required), then no sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the annual report to United States Environmental Protection Agency (US EPA) may be required to make up the missed sampling. Contact the US EPA for additional information. WQ0018087 Version 3.0 Attachment A Page 1 of 1 THIS PAGE BLANK ATTACHMENT B — APPROVED SURFACE DISPOSAL SITES DAK America LLC — DAK Americas — Cape Fear Manufacturing Facility SDU Certification Date: November 13, 2020 Permit Number: WQ0018087 Version: 3.0 Field Owner Lessee County Latitude Longitude Dominant Soil Series Footnotes Acret a 1 DAK Americas LLC Brunswick 34.314622' -78.034305' 12 N/A 1,2 Total 1. The design capacity of the surface disposal unit is 194,000 cubic yards; approximately 170,000 cubic yards has been utilized. 2. No additional waste or sludge shall be added to the surface disposal unit. WQ0018087 Version 3.0 Attachment B Page 1 of 1 THIS PAGE BLANK ATTACHMENT C — Groundwater Monitoring and Limitations Monitoring Wells: MW-2A, MW-2B, MW-2C, MW-2D, MW-2E, and MW-3A Permit Number: WQ0018087 Version:3.0 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 01022 Arsenic, Total (as As) 0.01 mg/L 2 x Year Grab 1 01027 Cadmium, Total (as Cd) 0.005 mg/L 2 x Year Grab 1 00940 Chloride (as Cl) 250 mg/L 2 x Year Grab 1 01034 Chromium, Total (as Cr) 0.05 mg/L 2 x Year Grab 1 01037 Cobalt, Total (as Co) 0.001 mg/L 2 x Year Grab 1 01042 Copper, Total (as Cu) 1 mg/L 2 x Year Grab 1 01051 Lead, Total (as Pb) 0.015 mg/L 2 x Year Grab 1 00927 Magnesium, Total (as Mg) mg/L 2 x Year Grab 1 71900 Mercury, Total (as Hg) 0.001 mg/L 2 x Year Grab 1 01067 Nickel, Total (as Ni) 0.1 mg/L 2 x Year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L 2 x Year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 2 x Year Grab 1 00400 pH 5.5-8.5 su 2 x Year Grab 1, 2, 6 00665 Phosphorus, Total (as P) mg/L 2 x Year Grab 1 01147 Selenium, Total (as Se) 0.05 mg/L 2 x Year Grab 1 70300 Solids, Total Dissolved - 180 °C 500 mg/L 2 x Year Grab 1 GWVOC Volatile Compounds (GW) Present: Yes/No Annually Grab 1, 4, 5 82546 Water Level, Distance from measuring point feet 2 x Year Calculated 1, 2, 3 01092 Zinc, Total (as Zn) 2.1 mg/L 2 x Year Grab 1 1. 2 x Year sampling shall be conducted in June and December, Annual sampling shall be conducted in December. 2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. WQ0018087 Version 3.0 Attachment C Page 1 of 2 ATTACHMENT C — Groundwater Monitoring and Limitations Permit Number: WQ0018087 Version:3.0 Monitoring Wells: MW-2A, MW-2B, MW-2C, MW-2D, MW-2E, and MW-3A 4. Volatile Organic Compounds (VOC) — In December only, analyze by one of the following methods: a. Standard Method 6230D, PQL at 0.5 gg/L or less b. Standard Method 6210D, PQL at 0.5 �tg/L or less c. EPA Method 8021, Low Concentration, PQL at 0.5 gg/L or less d. EPA Method 8260, Low Concentration, PQL at 0.5 gg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used shall meet the following qualifications: a. A laboratory shall be DWR certified to run any method used. b. The method used shall include all the constituents listed in Table VIII of Standard Method 6230D. c. The method used shall provide a PQL of 0.5 �tg/L or less that shall be supported by laboratory proficiency studies as required by the DWR Laboratory Certification Unit. Any constituents detected above the MDL but below the PQL of 0.5 gg/L shall be qualified (estimated) and reported. 5. If any volatile organic compounds (VOC) are detected as a result of monitoring as provided in Attachment C, then the Wilmington Regional Office supervisor, telephone number (910) 796-7215, shall be contacted immediately for further instructions regarding any additional follow-up analyses required. 6. Per 15A NCAC 02L .0202(b)(3), a background minimum pH of 5.50 standard units has been established in accordance with historical measurements made in upgradient background well MW-3A. 7. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure 1 and this attachment. WQ0018087 Version 3.0 Attachment C Page 2 of 2 egend Stormwater RunoffP• • °Surface Disposal r �rWQO018087 � •may � � ?I ~w. - •. t - , . - l � �,i; 't .--.. .. � � '"'sir 7- "a.� .."v MW-3A MW-2C� M W 2 B s� "'" •� '" �,to`rmwater Runoff Pond S©U MW_2R r� MV11tE Google Earth © 2020 Google 2000 ft