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NC0082821_Regional Office Historical File Pre 2018 (3)
AAk June 29, 1994 LAW ENGINEERING AND ENVIRONMENTAL SERVICES Ms. Christine M. DeRoller, Hydrogeologist North Carolina Department of Environment, Health, and Natural Resources (NCDEHNR) Division of Environmental Management Mooresville Regional Office 919 North Main Street Mooresville, North Carolina 28115 Subject: Notice of Well Installation and Well Abandonment and Corrective Action Plan Implementation Update Southern States Fertilizer Plant Statesville, Iredell County, North Carolina NCDEHNR Incident No. 5038 Law Environmental Project No. 56-1570 Dear Ms. DeRoller: N.C. J?rFPT• Of EN\rrn�;,.!Air & NATiJIZAL JUN 3 0 1994 GPI "'1011 OF Ei4+iR0i1 Wi'1r1A'L 11API%'i +s`ti� t n10 9ESViilc' REGIRTAL 0Pr]YE f On behalf of Southern States Cooperative, Inc. Law Environmental submits this update regarding corrective action plan implementation for the Statesville Fertilizer Plant. WELL INSTALLATION/WELL ABANDONMENT During the period of May 3-through 16, 1994, recovery wells RW-4 and RW-5 were installed as outlined in the Corrective Action Plan. Well installation records are attached. We note that during the installation of RW-4, a section of the stainless steel screen was damaged. The well was therefore, abandoned and redrilled approximately 40 feet south of the original location. The attached records reflect the initial drilling, abandonment, and subsequent redrilling. Wells RW-1 and RW-3 (installed during September/October, 1991 for the aquifer pump test) were abandoned while the drilling equipment was mobilized to the site. Abandonment was accomplished in general accordance with NCAC Title 15A Subchapter 2C.0113(2). Abandonment records are attached. SCHEDULE Canonie Environmental Services Corporation submitted the proposed Corrective Action Plan on January 28, 1994. As requested by your review letter dated March 18, 1994, Law and Canonie submitted an initial Schedule of Implementation for the plan on April 14, 1994. The schedule established the following target dates: • Submit a complete Authorization to Construct application by April 30, 1994. • Install recovery wells RW-4 and RW-5 by May 31, 1994. • Begin ground -water recovery by October 1, 1994. An Authorization to Construct application was submitted to the NCDEHNR-Raleigh Permits and Engineering Unit on April 13, 1994. We are currently awaiting approval from the NCDEHNR regarding this submittal. Installation of the discharge pipeline will commence after an Authorization to Construct is issued. LAW ENVIRONMENTAL, INC. 2801 YORKMONT ROAD, SUITE 300 • CHARLOTTE, NC 28208 P. 0. BOX 240674 • CHARLOTTE, NC 28224-0674 (704) 357-1747 • FAX (704) 357-1622 ONE OF THE LAW COMPANIES Ms. Chris DeRoller NCDEHNR Mooresville June 29, 1994 page 2 The proposed pipeline will be situated within DOT right-of-way along most of the route. The pipeline must cross property owned by Mr. James W. Davidson between SR 2312 and Fourth Creek. Although Mr. Davidson previously signed an authorization for the proposed route, he recently changed his mind regarding the work. Renegotiation and execution of a new property access agreement was required. This issue has been satisfactorily resolved, however a schedule delay of approximately 45 days has resulted. The current schedule is now proposed as follows: • Bid requests' sent to contractors ................ 6/24/94 • Site visit by prospective contractors ..... , ......... 7/13/94 • Contractor proposals due .................. 7/25/94 • Selection of contractor and award of contract ......... 8/8/94 • Start of construction ....................... 8/22/94 • Completion of construction ................... 11/15/94 In order to meet this new schedule, the Authorization to Construct must be issued by the NCDEHNR no later than the contractor selection date of August 8, 1994. Installation of the discharge pipeline will commence following issuance of the Authorization to Construct. Law will keep your office informed as the project progresses. If you have any questions or comments regarding the information presented herein, please contact us. Sincerely, LAW ENVIRONMENTAL NC, INC. PA 44- P. Greg Garrett, E.I.T. Project Engineer Thomas F. Beggs, P.E. Principal Registered NC No. 13807 attachments cc: Mr. Hilton M. Withers Southern States Cooperative, Inc. j:\561570\ahnan=s.1tr NORTH CAROLINA DEPARTAENT OF NATURAL RESOURCES AND ComMLRoTY DEVELOPmEpiT i FOR OFFICE USE ONL.Y DIVISION OF ENVIRONr.ENTAL ►tANAGEWNT - GROUNDWATER SECTION i P.O. BOX 27887 - RAIFIGH.N.C. 27811, PHONE (010) 733-6083 i Quad. No. Serial No. Lat. Long. Pc Minor Basin WELL CONSTRUCTION RECORD w — i Basin code Header Ent. GW-1 Ent. I j` '(� � G"1LL- 37-or DRILLING CONTRACTOR • DRILLER REGISTRATION 3 STATE WELL CONST UCTION PERMITNUMBER: O23 L✓/y — 00rf8 NUMBER I. WELL LOCATION: (Show sketch of the location below) �E>ELL- Nearest Town: c>i79'TSViLL� Count y: Ari Y 7,0 E/9 s T Depth DRILLING LOG (Road. Community, or Subdivision and Lot No.) .T��_ /r �OGTIF�A1 COo From To Formation Description e.Y�fiVOC 2. OWNER SST TES %Zf�T1VEi.L�L o /Z e44YF"Y i/G'y ADDRESS P 0- -Box ZGz3q lL SS 3/2awN ;,) ry Spa, peamCAlp (Street or Route No.) 23Z60 ASS '75 i PARriAt4Y Wd'Ar#e'1rePp Gxjt Aber de E P✓ 77✓ D FOAL City or Town State Zip Code '5' 3. DATE DRILLED 5-5— IV USE OF WELL.W61� KECRAC ZV lot — 4. TOTAL DEPTH ))Of )Ga CUTTINGS COLLECTED ❑Yes UNO 5. DOES WELL REPLACE EXISTING WELL? ❑ Yes X No 6. STATIC WATER LEVEL: FT. ❑ above TOP OF CASING, *� ❑ below TOP OF CASING IS FT. A80VE LAND SURFACE. 7. YIELD (gom): METHOD OF TEST S. WATER ZONES (depth): 9. CHLORINATION: Type Amount 10. CASING: Wall Thickness Depth Diameter or Weignt/Ft. M.aterial , i - / /}I ItR F<i S From �� 70 35 Ft._� From To Ft. From To Ft. 11. GROUT: DeDtn Material memoa From 0 To =rom C ( Deptn i Diameter Slot Size Material From To 1 1 d _ in.. 0.61 in.. From To_ Ft. in. in. From 7o Ft. in. in. 13. GRAVEL PACK: I Depth I Size /faterial From J) To =t 3 �lWIVG` From To Ft. IA. REMARKS: If additional space is needed use back of form. LOCATION SKETCH (Show direction and distance from at least two State Roads cr other map reference points) �ol " tfN "Lo 0 So,rrnA2w1 5 �rt� 1 DO HEREBY CERTIFY THAT THIS WELL WAS CONSTRUCTED IN ACCORDANCE WITH 15 NCAC ZC. WELL CONSTRUCTION STANDARDS, AND THAT A COPY OF THIS RE RD H PROVIDED TO THE WELL OWNER. SI,.,NATURE OF CONTRACTOR OR AGENT DA7E Suomit onoinal 10 Division cf Environmental Management one cecv to well owner SOUTHERN STATES JOB NAME FERTILIZER PLANT JOB NUMBER 56-1570 WELL NUMBER RW-4 GROUND SURFACE ELEVATION NA REFER TO C.A.P. LOCATION (JANUARY 1994) MEASURING POINT ELEVATION NA INSTALLATION DATE 05/16/94 CONCRETE PAD CEMENT GROUT 14-INCH DIA. BOREHOLE 6-INCH DIA. STAINLESS STEEL RISER BENTONITE SEAL GRAVEL PACK 6-INCH DIA. STAINLESS STEEL SCREEN (0.010-INCH SLOTS) 10-INCH DIA. BOREHOLE END CAP NOTE: ALL JOINTS ARE FLUSH THREADED. SOUTHERN STATES COOPERATIVE, INC. �STATESVILLE, NORTH CAROLINA LOCKING PROTECTIVE LID 1 ' DEPTH TO BASE OF 14-INCH DIA. BOREHOLE 38.0 FT. DEPTH TO BASE OF GROUT 21.0 FT. DEPTH TO TOP OF RAVEL PACK 24.0 FT. TOTAL DEPTH OF WELL 103.0 FT. TOTAL DEPTH OF BOREHOLE 118.0 FT. SCREENED INTERVAL 28.0 TO 103.0 FT. LAW �& ENGINEERING AND ENVIRONMENTAL SERVICES CHARLOTTE, NORTH CAROLINA RW-4 RECOVERY WELL INSTALLATION RECORD FIGURE 1 NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COM4-_II TY DEVELOPMENT DIVISION OF ENVIRONI.ENTAL IAANAGEbENT — GROUNDWATER SECTION P.O. BOX 27087 — RALEIGH.N.C. 27611. PHONE (919) 733-6083 WELL CONSTRUCTION RECORD KW-5- DRILLING CONTRACTOR P ' G(4tL 7)ZOZOL -ify111096 i FOR OFFICE USE ONLY j Quad. No. Serial No. Lat. Long. Pc I Minor Basin I Basin Code Header Ent. GW-1 Ent. STATE WELL CONSTRUCTION DRILLER REGISTRATION NUMBER PERMIT NUMBER: qe — 023 - W,4f - oorJg I. WELL LOCATION: (Show sketch of the location below) Nearest Town: wCounty:�EL� Depth DRILLING LOG (Road, Community. or Subdivision and Lot No.) From, Tor Formation Description 2. OWNER VOnM1117)94V 5 COD�7�Li937V� Z�IiG. (4 14 QO%LATIG4 Cu4YEy 41i-r ADDRESS t� 0. )50k Zia 2-3� r'z r �O� r &I'W ✓^.D)/ S►(.7 01CHPg0N/;> � (Street or Rgy(Q o.1 Z3260 3 r7 i Hl t�rz>� OClG City or Town State Zip Code 3. DATE DRILLED-S��I - 9� USE OF WELL. W�/� 2 m�� 4. TOTAL DEPTH. r0L CUTTINGS COLLECTED 0-Yes No 5. DOES WELL REPLACE EXISTING WELL? ❑ Yes G& No 6. STATIC WATER LEVEL: Iq, g FT. O above TOP OF CASING, VL below TOP OF CASING IS 4�2' 0 FT. ABOVE LAND SURFACE. 7. YIELD (gpm): METHOD OF TEST B. WATER{ ZONES (depth): 9. CHLORINATION: Type Amount 10. CASING: Wall Thickness If additional space is needed use back of form. Depth Diameter or weignt/Ft. Material n ✓`TIF/NtFSS LOCATION SKETCH From To 50 F1.(Show direction and distance from at least two State Roads. From To Ft. or other mao reterence points) From To Ft. 11. GROUT: Deotn Material Mlethod �I6rcN From To 43 Ft. eumL-wT Ad1APM T I Deotr; j =rem .50 To 10 From To- Ft. From To Ft. 3. GRAVEL PACK: Diameter Slot Size Material 6 In.o i Jr.. S0111'644 Deoln Size From `TIO To'70 From To Ft. 14. R7:MARKS: in. In. in. in. Material 4jZ,4VF1 ,-P HWY '70 �v Scvp7{Elz� Si7yzr 3. I DO HEREBY CERTIFY THAT THIS WELL WAS CONSTRUCTED IN ACCORDANCE WITH 15 NCAC 2-C. WELL CONSTRUCTION STANDARDS, AND THAT A COPY OF THIS R91ORO ZSEE PROVIDED TO THE WELL OWNER. _ 153NATURE OF CONTRACTOR OR AGENT DATc C SLIDmit orioinal is Division cl Environmenial Manedemen; ;nC cc ;o v:E•n owner is 8 � 11 SOUTHERN STATES FERTILIZER PLANT JOB NAMEJOB NUMBER 56-157O WELL NUMBER RW-5 —GROUND SURFACE ELEVATION NA REFER TO C.A.P. LOCATION MEASURING POINT ELEVATION NA INSTALLATION DATE 05/05/94 CONCRETE PAD GROUND SURFACE CEMENT GROUT 6—INCH 0A- STAINLESS STEEL RISER BENTONITE SEAL GRAVEL PACK 6—INCH DA\ STAINLESS STEEL SCREEN (0'010—|NCH SLOTS) 10—|NCH D|A. BOREHOLE END CAP NOTE: ALL JOINTS ARE FLUSH THREADED. L SOUTHERN STATES COOPERATIVE, INC. LOCKING PROTECTIVE LID DEPTH TO TOP OF GRAVEL PACK .� 45.5 F'[ | ' | |TOTAL DEPTH INTERVAL �& LAW ENQNEERING AND ENVIRONMENTAL SERVICES CHARLOTTE, NORTH CAROLINA OF WELL 70.0 F[ | / TOTAL DEPTH | | OF BOREHOLE RW-5 INSTALLATION RECORD FIGURE 2 RECOVERY WELL North Carolina Department of Environment. Health. & Natural Resources Division of Environmental Management Groundwater Section P.O. Box 27687 - Ralei6Ai, N.C. 27611 LL AB8NQQM= REC AV - y CONTRACTOR cC Roy, lt'l il!0 $% Rom. NO.- 1. vELL LOCATION: (Show a sketch of 0he location on back of form.) Nearest Town: s7--4ZL=9 V I LL E County _ (�wY zo EST yRrESv IULC FAsT tRoad. Community, Subdivision, Lot No.) Quadrangle die: 2. OWATER SOVIW67" '5-iATP-S coopel4-nV E po• t3ox 7-&L31 23Z6O 3. ADDRESS: Pc,*/" oND "VA 4. TOPOGRAPHI : draw, slope. hilltop. valley, 5. USE OF WELLTZ lcl k1" FAY DATE: 6. TOTAL DEPTH, DIAMETER: 7. CASING REMOVED: dia rAer 5(56LI D YJOVLL) &m 8. SEAIJNG MATERIAL: Neat ctmcyt bags of cement gals. of water yds. of sand gals, of water Ofher Type material �i:�tTort�� '2oir1 SttlZtzy Ft► ,�' 9. E AXq MET1-I0D EMPLACEMENT' OF MATERIAL. )7Qe -SUJZt5 64y it TE'P I%V LL PQ77'H �TREirtlE /'>>PE� WELL DIAGRAM: Draw a detailed sketch of the weR showing total depth. depth and dia- meter of screens rernaintag in the well, gravel interval, intervals of casing perforations, and depths and types of Sri materials used. is SAN a PACK J FiL6r'I 31' , r° 0 h 1= 6F-ouND 1541-�c S"acm Pep'0101111(' Fey lio I do hereby certify that this well aband r is true and exact. Signature of Contractor or Agent fa° L4� �NGI�EErL,NG ..LNG. Date ' I L5 ! y N'VELL LOCATION: Draw a Iocation sketch on the reverse of this sheet. shcnmr)g the direc- tion and distance of the well to at least two (2) nearby reference Points such as roads. intersections and streams. Identify roads with State High way road identification numbers. Subnut orgnal to the DMsion of Emdmmnent.al Management. one copy to the Driller, and one copy to the owner. GW 30 Revised 3/8/90 mog;fft �aar 3L4( SvvfN LN ito qo 6 M Le 4 EAST °F So�HER-�J �rtTES o gw-Z NORTH CAROUNA DEPARTAENT OF NATURAL RESOURCES AND COU10-11ITY DEVELOPMENT DIVISION OF FNVIRONLENTAL ►4.WAGELENT - GROUNDWATER SECTION P.O. BOX 27687 - RALEIGH.N.C. 27a 11. PHONE (919) 733-6083 WELL CONSTRUCTION RECORD )&' -� DRILLING CONTRACTOR _m e,(AL ' gfto5 • 4� 144 10 $(0 FOR OFFICE USE ONLY Quad. No. Serial No. Lat. Long. Pc Minor Basin Basin Code Header Ent. GW-1 Ent. STATE WELL CONSTRUCTION North Carolina Department of Environment. Health. & Natural Resources Division of Envirornnental Management Groundwater Section P.Q. Box 27687 - Ralei&Ai. N.C. 27611 ELL ASAND(3WRM REQORi2 CONTRACTOR Fev r f En s MG. NO.-- 1. WEia_ LOCATION: (Show a sketch of the location on back of form) �EDELC_ Negest Town: Syygr- County lfW-Y 170 E4S—; EAST (Road, Community, Subdi-v1sion, Lot -No.] 2. CWNTER SO viH - AJ 577?7C-5 i OOPW ZOIrIVc %? 0• f3o x Z 6 Z 3 e{ 3. ADDRESS: r2rci��+ oN V>¢ 23 4 4. TOPOGRAPIY : draw, slope. hilltop, walley,_� 5. USE OF WIII;.VII+�t I7�c�r1 DATE: 5 6. TOTAL DEl?TH: DIAMETER: 7. C SNG REMOVED: diameter S. SEALING MA7MUAL: Neat cement Sand curient bags of cement bags of cement galas. of water yds. of sand gals. of water WELL DIAGRAM: Draw a detailed sketch of the wen showing total depth. depth and dia meter of screens rernaining in the weI1, gravel interval, intervals of casing perforations, and depths and types of fill materials used. cowgETE ?rhn AND m Q+SEe lZEw,cue 1LZ+ (rgN6 Ocher 'type material �5 Irbrj sEA6_rM&vr S�URAY e,� p��rw,�7�+z� Amount �30 ��y- lb Bi}�s�oLE 9. ExpiAw METHOD EMPIACEMEENr OF MATERIAL. 617-00 I do hereby certify that this well on is true and vet• �i U I Signature of Contractor or t 150 "'''l C'�6'"1�`rAJG' `LAG Date Z' + 3-3 ToTkl. DaTH 1 NvELL LOCATION: Draw a location sketeh on the nnerse of this sheet, showing the direc- tion and distance of the well to at least two (2) nearby reference points such as roads, intersections and streams. Identify roads with State High way road identification numbers. Subrmt original to the Division of Envlrorunenial Management. one copy to the Driller. and one copy to the owner. GW 30 Revised 3/8/90 / 6 r—Ttf f%J,IzjOt-K SOUTNEaAj rz/Hl-WI4y 6 McGEs �/!5r of -Z-- 77 U W rt7E'R- TOWc)L 5'a•lTit�lzl`-� S�Yi�S 1 77 North Carolina Department of Environment. Health. & Natural Resources Division of Environmental Management Groundwater Section P.Q. Box 27667 - Ralei6Ai. N.C. 27611 LL AB.ANWNB= RUC CONTRACTOR (Ae nfu- 5Z-07- fpRE s G. NO. +qy/o 86 1. WELL LOCATION: (Show a sketch of the location on bath of form.) Nearest Town! —!5'7{9 7-U5 v ;CZ-E- County 4W,1 ge d7tifE-5411,L15' eds7- (Road, Coimnunity, Subdh1sion, Lot _-NNo.) Quadrangle ,ye: 2. OWNTER: 6yUTHE20 '5-T"765 CooPFe-RriyFi G' P4 13oX 2.6 � z32�d 3. ADDRESS:-- 2 �cHtitoav�� , 4. TOPOGRAPHY- : draw, slope. hilltop. valley. 5. USE OF WII1. W'�lz t�;Ca'ION DATE: 3 y �c 6. TOTAL DEPTH: 15� DIAMETER: 7. CASING REMOVED: Ltd diameter /a ► 4 ,l gals. of water I yds. of sand gals. of water WELL DIAGRAM: Draw a detailed sketch of the wen showing total depth. depth and dia- meter of screens remaining in the well, gravel interval. intervals of casing perforations, and depths and types of U materials used. �1n1 —3 Ga nIcRE7E' Fit> fltio izl6eg- ftmcUED 70 �" STEEL CA506 Typr e material .$�,,-�o,ulT� 6" D,�t�►E� oem Ace - Amount o�� (q ,b tN6L-E 9. EXPL &,Uq NMM IOD EMPLACEMENT OF MATERTAL. F E35v(2E QzovTED benl-ly r�Z�Jr► rE ��E / lJr,gl.n-1/y :r A 51 boy cr- S76EL c461n4G 0effl tjNA)4 ),I )joZE to I do hereby cer* that this well t is true and ac� ct. /T e:c 0 Signature of Contactor or Agent _Fo - EI tk le inl6 IAc. Date 4� 5 WELL LQCATION: Draw a location sketch on the inverse of this sheet. shrnvir, the direc- tion and distance of the well to at least two (2) nearin- reference points such as roads. intersections and streams. Identify roads wKth State High way road identiambon numbers. Submit ongaaal to the Dh sion of Ern-ironmental Management. one copy to the Driller. and one copy to the owner. (W 30 Revised 3/8/90 f qcmm- H yv y 16 Gm,LZ4. Eny-f GF 1-77 0 ° w�rT7 � 4DO 0 P t-- - DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NCO082821 Facility Information MG DEPT. OF ENVIRON ifti' AND NATURAL RESOURCE WORESVILLE "10.NAL OF JAN 0 7 2004 Applicant/Facility Name: Southern States Cooperative, Inc. Applicant Address: 6606 West Broad Street, Richmond, VA 23260-WATER Facility Address: US Hwy 70, east of Statesville, NC ' Permitted Flow: Not limited, Design flow 0.144 MGD Type of Waste: Remediated Groundwater Facility/Permit Status: Renewal County: Iredell Miscellaneous Receiving Stream: Fourth Creek Regional Office: Mooresville Stream Classification: C USGS TooQuad: D 15 SE 303 d Listed?: Yes Permit Writer: Dawn Jeffries Subbasin: 03-07-06 Date: December 17, 2003 Drainage Area mil : 46.5 Summer 7 10 cfs : 7.5 Winter 7Q10 (cfs): 11.3 si�n�` Average Flow cfs : 46.5i IWC % : 3% }; Primary SIC Code: SUMMARY An application to renew NPDES permit NCO082821, covering discharge from a groundwater remediation site at Southern States Fertilizer Plant in Iredell County, was received October 7, 2003. The current permit expires March 31, 2004. The site was originally permitted in 1993, with the Authorization to Construct being issued in 1994, for what was expected to be a 10-20 year project. The discharge is associated with a groundwater remediation system operated in response to nitrate contamination from the fertilizer operation. Groundwater is pumped to a wet well, where a caustic solution is added for pH adjustment, and then discharged via a 1.5 mile long. outfall line to Fourth Creek, which is classified C waters, in the Yadkin -Pee Dee River Basin. Classification changes to WS-III within three miles at the South Yadkin River. Fourth Creek is listed in the 2003 303(d) list as impaired for fecal coliform, turbidity, and "sediment" based on biological impairment. This discharger is not expected to make any significant contribution to these parameters. In addition, Fourth Creek is in the High Rock Lake watershed, which is of concern due to the fact that High Rock Lake is considered impaired. The lake has been determined -to be eutrophic and has high nutrient levels. Management strategies for this problem include mass based limits for total phosphorous for some dischargers beginning in 2004. DWQ is continuing to strive to reduce nutrient levels in the lake; therefore limits may become more widespread in the future. Total Nitrogen levels measured in this facility's effluent in the last three years range from 28.0 mg/1 to 130.0 mg/l. Total Phosphorous levels in the same timeframe have ranged from 0.08 mg/1 to 1.2 mg/l. Total Nitrates measured in this discharge from 2001-2003 ranged from 26mg/1 to 58 mg/l. Total nitrite levels are unknown. Remediation at this site through 1998 was conducted year round. Since 1999, it has been done only in the winter months (Nov -Mar). This eliminated the potential of violating ammonia permit limits, as the current permit only limits TSS and summer ammonia. Amber Lindon at MRO explained that winter -only was allowed because they were also having problems with the wells drying up. TY S. W TOXICITY TESTING: Current Requirement: Quarterly Chronic Toxicity @ 3% Feb, May, Aug, Nov. Recommended Requirement: Keep current requirement COMPLIANCE SUMMARY: 2001-2003 DMR's revealed no violations of limits, except one failure of a toxicity test in Apr 01. The next test (in Dec 01) was passed. INSTREAM MONITORING: No instream monitoring is currently required. No instream monitoring is recommended during this permit cycle. PROPOSED CHANGES: Add summer daily maximum limit for ammonia nitrogen of 35.0 mg/1. PROPOSED SCHEDULE FOR PERMIT ISSUANCE: Draft Permit to Public Notice: January 21, 2004 Permit Scheduled to Issue: March 15, 2004 STATE CONTACT: If you have any questions on any of the above information or on the attached permit, please contact Dawn Jeffries at (919) 733(-5083 ext. 595. NAME: DATE: 7 N) NPDES SUPERVISOR: NAME: REGIONAL OFFICE COMMENT: DATE: NAME: DATE: Permit NCO082821 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIN UNATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Southern States Cooperative, Inc. is hereby authorized to discharge wastewater from a facility located at the Southern States Fertilizer Plant On US Highway 70 Six miles east of Statesville Iredell County to receiving waters designated as Fourth Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on March 31, 2009. Signed this day Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission 0 Permit NCO082821 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Southern States Cooperative, Inc. is hereby authorized to: 1. Continue to operate an existing 0.144 MGD groundwater remediation system with the following components: ♦ Three recovery wells ♦ Lift station with wet well ♦ Flow meter ♦ Caustic solution tank with pH measuring device The facility is located six miles east of Statesville at the Southern States Fertilizer Plant on US Highway 70 in Iredell County. 2. Discharge from said treatment works at the location specified on the attached map into Fourth Creek, classified C waters in the Yadkin -Pee Dee River Basin. �E 8 q 1 3 (!'�' may_ 5i'_ , `, ti,/ 7.56-- x Al Discharge Z� Location V N Ote v I-Iz 4 Facility Information Latkude: 35'46'25" Sub -Basin: 03-07-06 Longitude: 80'46'40" Quad Name: Statesville East Stream CLqSS: C Receiving Stem Fouth Creek r A El Facility Location NOrih Southem States Cooperative, Lnc. NCOGS2821 IrLdeU County Permit NCO082821 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REgUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location.. Flow' Continuous Recording Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N April 1 -October 31) 7.8 mg/L 35.0 mg/l 2/Month Grab Effluent NH3 as N (November 1 - March 31) 2/Month Grab Effluent Copper Monthly Grab Effluent Chlorides Monthly Grab Effluent NO3 - N Monthly Grab Effluent Total Nitrogen NO2+NO3+TKN) Monthly Grab Effluent Total Phosphorus Monthly Grab Effluent pHz 2/Month Grab Effluent Chronic Toxicity3 Quarterly Grab Effluent Footnotes: 1. All volumes of wastewater leaving the facility shall be monitored. If continuous flow monitoring is not feasible, then the discharger shall record the approximate time that discharge began and ended, along with the instantaneous flow at the time of the effluent sampling. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. Chronic Toxicity (Ceriodaphnia) at 3%; refer to A. (2.). There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NCO082821 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A (2). CHRONIC TO,XICITY PERMIT LIMIT (QUARTERLI7 The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 3%. The permit holder shall perform at a minimum, quarterlu monitoring using test procedures outlined in the "North Carolina_ Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of Februaru, Mau, August and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment." collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will- complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month, in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organic survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute ar invalid test and will require immediate follow-up testing to be completed no later than the last day of the mont. following the month of the initial monitoring. NORTH CAROLINA DEPARTMENT OF — ` ENVIRONMENT AND NATURAL RESOURCES NCD®� MOORESVILLE REGIONAL OFFICE �j DIVISION OF WATER QUALITY JAMEs B. HUNT JR.. ` October 20, 2000 GOVERNOR . Mr. Sam Koon Southern States Cooperative BILL HOLMAN 6606 West Broad St. SECRETARY Richmond, -Virginia- -23230 - - Subject: NPDES Permit No. NCO092821 Southern States Fertilizer Plant Iredell County Dear Mr.Koon: Our records indicate that NPDES Permit No. NCO082821 was issued on October 9, 2000 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4 and 5 . Pages 4 and 5 set forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as '. possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be'advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh ee be paid in a timely manner so as to prevent enforcement Office. It is imperative that the f action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). r The conditions include special reporting requirements in the event of noncompliance, t bypasses, treatment unit/process failures, etc. Also addressed are requirements for a x certified wastewater treatment plant operator if you are operating wastewater 919 NORTH MAIN STREET, MOORESVILLE, NORTH CAROLINA 281 15 - -.4, PHONE 704-663-1699 FAX 704-663-6040 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER Mr. Mark Bumgarner October 20, 2000 Page No. 2 facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000 per violation (and/or criminal- penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P.E. -� Water Quality Regional Supervisor Enclosure AASOUSTANP.LTR DRG/de State of North Carolina Department of Environment ;v and Natural Resources °AR7R_41� Division of Water Quality / James B. Hunt, Jr., Governor CDENR Bill Holman, Secretaryuu�:lp6t pl�1f1�!iy�l I�tlb�slr;�1`ll1 Kerr T. Stevens, Director C�1�p11FSA�1}f1�fl I� NORTH CAROLINA DEPARTMENT OF "cuI I�l� ENVIRONMENT AND NATURAL RESOURCES October 9, 2000 Mr. Sam Koon Southern States Cooperative, Inc. 6606 West Broad Street Richmond, Virginia 23230 Subject: Issuance of NPDES Permit NCO082821 Southern States Fertilizer Plant Iredell County Dear Mr. I1oon: k(-Vp Llvg--11-6 Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must 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 (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. .► - Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Christie Jackson at telephone number (919) 733-5083, extension 538. Sincerely, ORMNAL MINED BY MLL RED Kerr T. Stevens cc: Central Files �oresuille ,regional !�fic�e ater Qua�l'iY,y ection+ NPDES Unit Point Source Compliance Enforcement Unit 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 . An Equal Opportunity Affirmative Action Employer VISIT Us ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Permit NCO082821 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Southern States Cooperative, Inc. is hereby authorized to discharge wastewater from a facility located at the Southern States Fertilizer Plant On US Highway 70 Six miles east of Statesville 10- Iredell County . to receiving waters designated as Fourth Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective November 1, 2000. This permit and authorization to discharge shall expire at midnight on March 31, 2004. Signed this day October 9, 2000. OROGONAL BOOMED By BOLL RE50 Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit NC0082821 SUPPLEMENT TO PERMIT COVER SHEET Southern States Cooperative, Inc. is hereby authorized to: 1. Continue to operate an existing 0.144 MGD groundwater remediation system with the following components: ♦ Three recovery wells ♦ Lift station with wet well ♦ Flow meter ♦ Caustic solution tank with pH measuring device The facility is located six miles east of Statesville at the Southern States Fertilizer Plant on US Highway 70 in Iredell County. 2. Discharge from said treatment works at the location specified on the attached map into Fourth Creek, classified C waters in the Yadkin -Pee Dee River Basin. M Discharge Location 0 Facility Information Latitude: 35'46 25" Sub -Basin: 03-07-06 Longitude: W46 4(Y' Quad Name: Statesville East Steam Class: C Receiving Stream Fourth Creek SkyllhiMm -1 �U. V Facility Location No Southern States Cooperative, Inc.NOD082821 Iredell County Permit NC0082821 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REgUIREMENTS — FINAL During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow' Continuous Recording Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N (April 1 - October 31) 7.8 mg/L 2/Month Grab Effluent NH3 as N (November 1 - March 31 2/Month Grab Effluent Copper Monthly Grab Effluent Chlorides Monthly Grab Effluent NO3 - N Monthly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Monthly Grab Effluent Total Phosphorus Monthly Grab, Effluent pH2 2/Month Grab Effluent Chronic Toxicity3 Quarterly Grab Effluent Footnotes: 1. All volumes of wastewater leaving the facility shall be monitored. If continuous flow monitoring is not feasible, then the discharger shall record the approximate time that discharge began and ended, along with the instantaneous flow at the time of the effluent sampling. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. Chronic Toxicity (Ceriodaphnia) at 3%; refer to A. (2.). There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NCO082821 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A (2). CHROMIC TOXICITY PERMIT LMT (QUARTERLY The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 3%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of February, Mau, Auqust and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monito "n -orm (MR-1) for the months in which tests were performed, using the parameter cod�or the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of ,10. _ Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organi survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute a invalid test and will require immediate follow-up testing to be completed no later than the last day of the mon following the month of the initial monitoring. PART Section B. Schedule of Compliance _ 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Pernuttee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act' The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The Iimitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part II Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the -samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum -daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is•the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Ty_pes of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must'be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (D. C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part H Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of -the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply_ The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section . 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also,.any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C.1319 and 40 CFR 122A1 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act,. or any -permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $125,000. YarL li Page 5 6f 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part I1, C-4) and "Power Failures" (Part 11, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. S. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. DuIX to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. Pan II Page 6 of 14 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later'than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-2I5.6 and 33 USC 1251 et. seq. 11. Siene atory R quirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than!250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general "partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (I ) The authorization is made in writing by a person described above; j (2) The authorization specified either an individual or a position having responsibility for ,the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. -of this section shall make the following certification: "I certify, under penalty of law; that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of ;the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties -for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for. cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification. Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. IThe exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective..] The conditions, requirements, terms, and provisions -of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade 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 any grade to comply with the -conditions of Title 15A, Chapter 8A .0202. The'ORC of the facility must visit each Class 1 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. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part H Page 8 of 14 3. Need to Halt or Reduce not a Defense It shall not bea defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) 'Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of. a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which -does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation: These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: i (A) Bypass was unavoidable to. prevent loss of life, personal injury or severe property damage; ' (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (0 The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part II Page 9 of 14 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Part H Page 10 of 14 ,SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall'be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. i 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of;the procedure. If no approved methods are determined capable of achieving minimum detection and Part II Page 11 of 14 reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording_ Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f.. The results of such analyses. 8. Inspection and Entry The permittee shall allow the Director; or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. Part II Page 12 of 14 SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a'facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other .requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part Il. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices.. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 13 of 14 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncom 1p 'ance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence'of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; 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. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-2I5.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other .document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 ug/1); (2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times- the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) Five hundred micrograms per liter (500 ug/l); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten 00) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. A. The permittee must pay the annual administering and compliance monitoring fee . wiOdn.30 (thirty): day- s-After being.-billedby. the .IDIvision . Failure-- to .pay the fee in a timely manner -m accordance with 15A NCAC 2H 0105(b)(4) may cause this. Ihstin to uuttate` on. to 7eYoke fih�e peTimt.. State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director October 9, 2003 MR. MATTHEW M. GUSTIS MACTEC ENGINEERING & CONSULTING INC. 2801 YORKMONT ROAD STE 100 CHARLOTTE NC 28208 Dear Mr. Gustis: 1 • • N%-ODE R i NORTH CAROLINA DEPARTMENT OF ENVIRONMEcQS1"n+ ug Im RESOURCES Subject: NPDES Permit renewal application Permit NCO082821 Southern States Fertilizer Plant Iredell County NPDES Unit personnel received your permit renewal application on October 7, 2003. Thank you for submitting this package. We need some additional items in order to process your permit renewal: ® 2 Copies of your application • and a Sludge Management Plan The permit renewal for this facility will be assigned to Dawn Jeffries. This. staff member will contact you if further information is needed to complete -the permit renewal. Please note that the NPDES Unit has several vacant positions. This staff shortage has lasted for over 4 years and is delaying all permit renewals. Our remaining permit writers are currently reviewing Authorizations to Construct, speculative limit requests, major permit modifications and 201 plan updates ahead of permit renewals. If this staff shortage delays reissuance of your permit, the existing requirements will remain in effect until the permit is renewed (or the Division takes other action). We appreciate your patience and understanding while we operate with a depleted staff. If you have any additional questions concerning renewal of the subject permit, please contact Dawn Jeffries at (919) 733-5083, extension 595. Sincerely, Valery Stephens Point Source Branch c : Maoresvllle'R°eg1onal Office/Water Quality Section .NPDES-Unit Central Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 520 (fax) 919 733-0719 VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.us/NPDES Valery.Stephens@ncmail.net �F W A 7-T9 �� QG Michael F. Easley, Governor UJ r William G. Ross, Jr..Secretary >_ -i North Carolina Department of Environment and Natural Resources Alan W. Klimek. P.E., Director Division of Water Quality Mr. Greg Adlich Southern States Cooperative, Inc. 6606 West Broad Street Richmond, VA 23260 Dear Mr. Adlich: DIVISION OF WATER QUALITY March 31, 2004. Subject: NPDES Permit No. 14;, 0082821 Southern States FerWiz6r Plant Iredell County Our records indicate that NPDES Permit No. NCO082821 was issued on -'March 15, 2004 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page 4. Page 4 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on reporting forms furnished or approved by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DWQ Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. Please be advised that an annual administering and compliance monitoring fee may be required for your facility. You will soon be receiving a statement from our Raleigh Office. It is imperative that the fee be paid in a timely manner so as to prevent enforcement action or possible revocation of your permit. The remaining parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment ��� dre i i e, m ree , ooresv, e, NCDENR PHONE (704) 663-1699 Customer Service FAX (704) 663-6040 1 800 623-7748 operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $25,000, per violation (and/or criminal penalties) may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Special Order by Consent (SOC) may be, necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed.' Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not automatically transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Division of Water Quality rescind the Permit or request that DWQ reissue the Permit to another party, if necessary. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. incerely, D. Rex Gleason, P.E. Water Quality Regional Supervisor Enclosure A:\NPDESLTR.WQ Michael F. Easley Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality March 15, 2004 Mr. Greg Adlich Southern States Cooperative, Inc. 6606 West Broad Street Richmond, Virginia 23260 Subject: Issuance of NPDES Permit NCO082821 Southern States Fertilizer Plant Iredell Count} - Dear Mr. Adlich: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingh•, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended). This final permit includes no major changes from the draft permit sent to you on January 21, 2004. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must 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 (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality- or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Dawn Jeffries at telephone number (919) 733-5083, extension 595. Sincerely, ORIGINAL SIGNED BY Mark McIntire Alan W. Klimek, P.E. RIN 'ROES cc: Central Files ,.? I�„IoIilelZeg nOffce%\�'�ter Qualth_Secto NPDES Unit .-Aquatic Toxicolgy Unit \Iatthe-w Gustis: \L ACTEC Engineering and Consulting, Inc. fAAR 3 ® 2004 2801 Yorkmont Road, Suite 100 Charlotte, North Carolina 28208 N. C. Division of Water Quality / NPDES Unit Phone: 919 733-5083 1617 Mail Service Center, Raleigh, NC 27699-1617 fax: (919) 733-0719 Internet: h2o.enr.state.nc.us DENR Customer Service Center: 1 800 623-7748 Permit NC0082821 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Southern States Cooperative, Inc. is hereby authorized to discharge wastewater from a facility located at the Southern States Fertilizer Plant On US Highway 70 Six miles east of Statesville Iredell County to receiving waters designated as Fourth Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective April 1, 2004. This permit and authorization to discharge shall expire at midnight on March 31, 2009. Signed this day March 15, 2004. ORIGINAL SIGNED BY Mark McIntire Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission �i' �! 9 �i �'. .. ., Permit NCO082821 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Southern States Cooperative, Inc. is hereby authorized to: 1. Continue to operate an existing 0.144 MGD groundwater remediation system With the following components: ♦ Three recovery wells ♦ Lift station with wet well ♦ Flow meter ♦ Caustic solution tank with pH measuring device The facility is located six miles east of Statesville at the Southern States Fertilizer Plant on US Highway 70 in Iredell County. 2. Discharge from said treatment works at the location specified on the attached map into Fourth Creek, classified C waters in the Yadkin -Pee Dee River Basin. Disdiwge Location 0 62 A J"-? EIJAW,90 Facility Information Latitude: 35'46'25" Sub -Basin: 03-07-06 Longitude: 80'46'40" Quad None: Statesville East Stream Class: C Receiving Stream L Fourth Creek 8 3 0 Facility Location NorthSouthernSLqtcb Cooperative, Inc. NCO089821 h-E-Jell County Permit NCO082821 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REgUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow' Continuous Recording Effluent Total Suspended Residue 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent NH3 as N (April 1 - October 31) 7.8 mg/L 35.0 mg/I 2/Month Grab Effluent NH3 as N (November 1 - March 31) 2/Month Grab Effluent Copper Monthly Grab Effluent Chlorides Monthly Grab Effluent NO3 - N Monthly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Monthly Grab Effluent Total Phosphorus Monthly Grab Effluent pH2 2/Month Grab Effluent Chronic Toxicity3 Quarterly Grab Effluent Footnotes: 1. All volumes of wastewater leaving the facility shall be monitored. If continuous flow monitoring is not feasible, then the discharger shall record the approximate time that discharge began and ended, along with the instantaneous flow at the time of the effluent sampling. 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. Chronic Toxicity (Ceriodaphnia) at 3%; refer to A. (2.). There shall be no discharge of floating solids or visible foam in other than trace amounts Permit NCO082821 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A (2). CHROAFIC TOXICITY PER10T LIlVIIT (QUARTERLI7 The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 3%. The permit holder shall perform at a minimum, quarterimonitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed during the months of Februar-y, May, August and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of "detectable impairment," collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised - February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control org survival, minimum control organism reproduction, and appropriate environmental controls, shall constitui invalid test and will require immediate follow-up testing to be completed no later than the last day of the n following the month of the initial monitoring. NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 612012003 NPDES Permit Rdquirements Page 2of16 In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWO or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Version 612012003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the 'requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 612012003 NPDES Permit Requirements Page 4 of 16 d. Any person who knosvin� violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each- day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any .property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 612012003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si�atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation:. by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively, or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if- 1 . The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 612012003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification (40 CFR 122.22]: "/ certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (0]. 13. Permit Modification. Revocation and Reissuance or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 612012003 NPDES Permit Requirements Page 7 of 16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]- 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m)'(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 612012003 NPDES Permit Requirements Page 8of16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States: The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify. the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate. power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 612012003 NPDES Permit Requirements Page 9 of 16 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level'of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.411: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 612012003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) 0). c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean -Water Act [40 CFR 122.410) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 612012003 NPDES Permit Requirements Page 11 of 16 Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported -under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; 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. Persons reporting such occurrences by telephone shall also file a written report within 5 days. following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 3.09 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 612012003 NPDES Pe; rmit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1 C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. PART III OTHER REQUIREMENTS Section A. Construction - The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it .knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; - (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; 0) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent Version 612012003 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (,POTWs) All POTWs must provide adequate notice to the Director of the following: 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Section B. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; C. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; d. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW,- C. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. Any trucked or hauled pollutants, except at discharge points designated by the POTW. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater, from any significant industrial user, the Permittee shall either develop and submit to the Version 612012003 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. 2. Industrial Waste Survey (IWS) The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every five years. 3. Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.S.). 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 5. Industrial User Pretreatment Permits (!UP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Perrrittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 612012003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility: Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports AR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program SummaU (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms aDSF) Version 612012003 NPDES Permit ]requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTWs allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and. records of industrial impact on the POTW. 13. Funding; and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCA.0 2H .0114 and 15A NCAC 2H .0907. Version 612012003 State of North Carolina �N2, Department of Environment, "' . / ® • iv Health and Natural Resources �* Division of Environmental Management James B. Hunt, Jr., Govemor�' �, ®EHN� Jonathan B. Howe�s;iSeeretaw ' ;y r A. Preston Howar ;.J.r., P.E., Director 93 S 199� f 'l ember 1, 1993 Sam Koon" ENV. 6606 West Broad Street R��m Richmond, VA 23230 Subject: Permit No. NCO082821 S. S. Fertilizer Plant BkAmiend County Dear Mr. Koon: In accordance with your application for discharge permit received on September 21, 1992, we are forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215 .1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must 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, Post Office Drawer 27447, Raleigh, North Carolina 27611 -7447. Unless such demand is made, this decision shall be final and binding. 0 Please take notice this permit is not transferable. Part II, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this. permit, please contact Mr. Randy Kepler at telephone number 9191733-5083. Sincerely, Original Signed By Coleen H. Sullins A. Preston Howard, Jr. Director cc: Mr. Jim Patrick, EPA ettea�i�lil'e�Begion �' of ce P'�o ��5 u � � `� P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 Art Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 1 y , Permit No. NCO082821 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NAT E,3AL R'ES©,URGES DIVISION OF ENVIRONMENTAL MANAGEMEN-,'''�i'£`' PERMIT TO DISCHARGE WASTEWATER UNDER THE In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Southern States Cooperative, Inc. is hereby authorized to discharge wastewater from a facility located at S.S. Fertilizer Plant on US Highway 70 Six miles east of Statesville Statesville Iredell County to receiving waters designated as Fourth Creek in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective January 1, 1994 This permit and the authorization to discharge shall expire at midnight on October 31, 1998 Signed this day December 1, 1993 Original Signed By Coleen H. Sullins A. Preston Howard, Jr., P.E., Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0082821 SUPPLEMENT TO PERMIT COVER SHEET Southern States Cooperative, Inc. is hereby authorized to: 1. Enter into a contract for construction of a wastewater treatment facility, and 2. Make an outlet into Fourth Creek, and 3. After receiving an Authorization to Construct from the Division of Environmental Management, construct and operate a 0.144 MGD wastewater treatment facility located at S.S. Fertilizer Plant, on US Highway 70, Six miles east of Statesville Statesville, Iredell County (See Part III of this Permit), and 4. Discharge from said treatment works at the location specified on the attached map into Fourth Creek which is classified class C waters in the Yadkin -Pee Dee River Basin. k. zz vil J�q 55 Ill NE 521"m-E. 11:24000 - ROAD CLASS|R( o wuc Primary highway, Ligh ,mm *000 yxm e00 'mo FEET hard surface-..----- impn o 1wmwcTEo Secondary highway, hard Uni, wTERvAL 10 FEET - ' [-�|n�,�a��3u� [-�� �U [�F wsxw SEA. LEVEL \_/ U. _ QUADRANGLE LOCATION STA7�ESV / �mwxL MAP AcnuhAc�m3�ar�mo�nom _ �L oueveY, WAS mwoTOm. o.C. 20242 ~` - %paAwosvmaouamAvmLAoucuw nooussT Ams ^x5! ' ` kip EMT ' 11 A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SUMMER (April 1 - October 31) ' Permit No. NCO082821 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Discharge Limitations Monitoring Reaulrements Lbs/dav Units (specify Measurement Sample *Sam le P Mon. Ava. Daily Max Mon. Avca. Daily Max. Frequency Tvae Location Flow" Continuous Recording E NH3 as N 7.8 mg/I 2/Month Grab E Total Suspended Residue 30.0 mg/I 45.0 mg/I 2/Month Grab E Copper Monthly Grab E Chlorides Monthly Grab E NO3 - N Monthly Grab E Chronic Toxicity*** Quarterly Grab E Total Nitrogen (NO2+NO3+TKN) Monthly Grab E Total Phosphorus Monthly Grab E * Sample location: E - Effluent ** All volumes of wastewater leaving the facility shall be monitored. If continuous flow monitoring is not feasible, then the discharger shah re ord the approximate time that discharge began and ended, along with the instantaneous flow at the time of the effluent sampling. *** Chronic Toxicity (Ceriodaphnia) P/F at 3%; See Part III, Condition E. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS WINTER (November 1- March 31) Permit No.. NCO082821 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristic Discharge Limitations Monitoring Requirements Lbs/dav Units (specify Measurement Sample *Sam le P Mon. Avg. Daily . Max Mon. Avg. Daily Max. Frequency Lvue Location Flow * * Continuous Recording E NH3 as N 2/Month Grab E Total Suspended Residue 30.0 mg/1 45.0 mg/1 2/Month Grab E Copper Monthly Grab E Chlorides Monthly Grab E NO3 - N Monthly Grab E . Chronic Toxicity*** Quarterly Grab E Total Nitrogen (NO2+NO3+TKN) Monthly Grab E Total Phosphorus Monthly Grab E * Sample location: E- Effluent ** All volumes of wastewater leaving the facility shall be monitored. If continuous flow monitoring is not feasible, then the discharger shall record the approximate time that discharge began and ended, along with the instantaneous flow at the time of the effluent sampling. *** Chronic Toxicity (Ceriodaphnia) P/F at 3%; See Part III, Condition E. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and 'then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part lI Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration"'is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the. "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Pact I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. Part II Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Tvnes of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours.' In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Part II Page 4 of 14 c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with'the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33. U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] m d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amoui:t of any Class. I penalty assessed not to exceed $25,000. Part II Page 5 of 14 Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. 2. Duty. to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3,143- 215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section, 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. Part H Page 6 of 14 9. DW to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration; will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Si ng atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is.a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for - the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. Part II Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit -issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter. 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade 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 any 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. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. Part II Page 8 of 14 2. Proner ODeration and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established of operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: ' (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were ' no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal Part 11 Page 9 of 14 periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. 0) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit.effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal Part II Page 10 of 14 regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required . by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability; to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND RECORDS 1. Representative Sampling Samples .collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 29535 - Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true -discharge rates throughout the range of expected f Part 11 Page 11 of 14 discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both. 6. Records Retention Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; ; e. The analytical techniques or methods used; and f. The results of such analyses. Part-11 Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this :e -: permit. The discharge of any pollutant identified in this permit more frequently than or level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1)• c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. Part II Page 13 of 14 ., 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be. necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part H. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty --four Hour Reporting . a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has no been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part 11. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part H. E. 6. of this permit. Part 11 Page 14 of 14 = 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any "of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; 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. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following fast knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal Act, 33 .USC 1318, all reports prepared in accordance with the terms shallbe available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. It Wt • • • • The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine ' the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a.That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 ug/1); '(2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6- dinitrophenol; and one milligram per liter (1 mg/l) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. 1 ar+ Permit No. NCO082821 E. CHRONIC TOXICITY PAS S/FAIL PERMIT LB41T (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: 1.) The North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic. Bioassay Procedure - Revised *September 1989) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 3% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from the effective date of this permit during the months of February, May, August and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Environmental Management 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any single quarterly monitoring indicate a failure to.meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting(within 30 days of initial monitoring event). Failure to submit suitable test results will constitute noncompliance with monitoring requirements. F. Because the receiving waters eventually enters High Rock Lake, which is eutrophic, minimum treatment of 15 mg/1 total nitrogen and 2 mg/1 total phosphorus is RECOMMENDED. More stringent controls on nutrient imputs may be required in the.future. PARTTV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to evoke the permit. �& LAW ENGINEERING AND ENVIRONMENTAL SERVICES October 25, 1993 Mr. Randy Kepler North Carolina Department of Environment, Health, and Natural Resources (NCDEHNR) Division of Environmental Management P. O. Box 29535 Raleigh, North Carolina 27626-0535 Subject: Confirmation of Extension of Draft NPDES Response Deadline Southern States Fertilizer Plant Statesville, Iredell County, North Carolina_ NPDES Draft Permit No. NCO082821 LEI Job No. 56-1570 Dear Mr. Kepler: This letter serves to confirm our telephone conversation on October 25, 1993. On September 8, 1993, the NCDEHNR issued Draft Permit No. NCO082821 for the Southern States Fertilizer plant in Statesville, North Carolina. The draft permit included a public notice indicating that comments regarding the permit were to be submitted by October 16, 1993 so that the permit could be issued by October 31, 1993. On behalf of Southern States Cooperative, Law Environmental submitted a request (dated September 20, 1993) for a 30-day extension of the NPDES response deadline. The purpose of the requested extension was to provide Southern States the opportunity to conduct a treatability study at the site. During our October 25 telephone conversation, you indicated that the NCDEHNR had granted the permit response extension, and that the new deadline for receipt of comments was November 15, 1993. You further indicated that 30 to 45 days would be required after the permit response deadline to allow the NCDEHNR to respond to any comments received. Southern States should therefore expect a final permit in late December 1993 or early January 1994. Please contact me if my understanding of our conversation is inaccurate. Sincerely, 7LA ENVIRONMENTAL NC, INC. omas F. Beggs, P.E. Principal cc: Mr. Hilton Withers Southern States Cooperative, Inc. LAW ENVIRONMENTAL, INC. 4333 VVILMONT ROAD, STE. 300 CHARLOTTE, NC 28208 P.O. BOX 240674 CHARLOTTE, NC 28224-0674 704-357-1747 FAX 704-357-1622 ONE OF THE LAW COMPANIES LAW ENGINEERING AND ENVIRONMENTAL SERVICES October 27, 1993 �F C. DEFT- or Ms. Christine M.. DeRoller, Hydrogeologitri.:; North. Carolina Department of Environment; NATURAL RESO J 0s', ; Health and Natural Resources (NCDEHNR) Division of Environmental Management OCT 2 8 1993 Mooresville Regional Office 919 North Main Street OF ^ llooi m. mltmc'-Ff val Mooresville, North Carolina 28115 a&'. wkawj'�P'1 OFF Subject: Response to October 13, 1993 Letter from NCDEHNR Southern States Fertilizer Plant Statesville, Iredell County, North Carolina LF.1 Job No. 56-1570 Dear Ms. DeRoller: On behalf of Southern States Cooperative, Inc. Law Environmental acknowledges receipt of your letter dated October 13, 1993 reducing the quarterly monitoring frequency at the subject site to semi-annually until implementation and operation of a corrective action system. We appreciate, your consideration of this reduction in the sampling and monitoring requirements. On September 8, 1993 the North Carolina Department of Environment, Health, and Natural Resources (NCDEHNR) issued draft National Pollutant Discharge Elimination System (NPDES) Permit No. NCO082821 for discharge of ground water from the site. The draft permit established a public comment period through October 16, 1993 and an effective date for the final permit of October 31, 1993. On September 20, 1993 Law submitted a request to Mr. Randy Kepler (NCDEHNR, Raleigh) to extend the public comment period through November 15, 1993 to accommodate performance of a treatability study at the site. The purpose of the study is to verify that ground water discharged from the site can meet the limitations imposed by the draft permit. Mr. Kepler advised us that the public comment period would be extended through November 15, 1993 (see attached letter dated October 25, 1993) and that the effective date of the final permit would be late .December 1993 or early January 1994. Consequently, we are requesting an extension on submittal of the conceptual design for the corrective action plan until completion of the public comment period and issuance of the final NPDES permit. Please contact us if this request is not acceptable. We appreciate your assistance in this matter. Sincerely, LAW ENVIRONMENTAL NC, INC. LAW ENVIRONMENTAL, INC. Thomas F. Beggs, P.E. 4333 WILMONT ROAD, STE. 300 Principal CHARLOTTE, NO 28208 P.O. BOX 240674 CHARLOTTE, NC 28224-0674 704-357-1747 FAX 704-357-1622 cc: Mr. Hilton M. Withers ONEOFTHE LAW COMPANIES Southern States Cooperative, Inc. SOC PRIORITY PROJECT: Yes —No X If Yes, SOC No.N/A To: Permits and Engineering Unit Water Quality Section Attention: Randy Kepler Date: November 13, 1992 NPDES STAFF REPORT AND RECOMMENDATION County: Iredell Permit No. NCO082821 PART I - GENERAL INFORMATION 1. Facility and Address: Southern States Fertilizer Plant Southern States Cooperative, Inc. 6606 West Broad Street Richmond, VA 23230 2. Date of Investigation: November 10, 1992 3. Report Prepared By: Allen Hardy, Environmental Engineer I 4. Persons Contacted and 'Telephone Number: Thomas Beggs, Law Environmental, Inc. 5. Directions to Site: From Mooresville travel I-77 North to the intersection of Highway 70 at Statesville. Turn right (east) on Highway 70 and proceed approximately 5 miles. The plant will be on the right. 6. Discharge Point(s). List for all discharge points: Latitude: 350 46' 25" Longitude: 80' 46' 40" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No.: D15SE U.S.G.S. Name: Statesville East 7. Site size and expansion are consistent with application? Yes X No If No, explain: n/a 8. Topography (relationship to flood plain included): The site is approximately 1.5 miles from the proposed discharge location. The discharge pipe crosses the flood plain before it discharges to Fourth Creek. 9. Location of nearest dwelling: The nearest dwelling is greater than 500 feet away from the proposed discharge location. 10. Receiving stream or affected surface waters: Fourth Creek a. Classification: Class C b. River Basin and Subbasin No.:.. Yadkin 03-07-06 C. Describe receiving stream features and pertinent downstream uses: The receiving stream is approximately 20-30 feet wide with a well defined channel and a good flow at all times. The pertinent downstream uses are those typical of Class C waters. The City of Statesville Fourth Creek WWTP's discharge is upstream approximately 0.5 mile. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: 0.144 MGD (Ultimate Design*Capacity) b. What is the current permitted capacity of the wastewater treatment facility? N/A C. Actual treatment capacity of the current facility (current design capacity)? N/A d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: N/A e. Please provide a description of existing or substantially constructed wastewater treatment facilities: N/A f. Please provide a description of proposed wastewater treatment facilities: There are no treatment facilities proposed. g. Possible toxic impacts to surface waters: N/A h. Pretreatment Program (POTWs only): N/A in development: approved: should be required:_ not needed: 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DEM permit no..: N/A Residuals Contractor: N/A =ES Permit Staff Report Version 10192 Page 2 '`a Telephone No.: N/A b. Residuals stabilization: c. Landfill: N/A PSRP: N/A RFRP: N/A .. Other: N/A d. Other disposal/utilization scheme (specify): N/A 3. Treatment plant classification (attach completed rating sheet): N/A 4. SIC Code(s): 2873 Wastewater Code(s) of actual wastewater, not particular facilities, i.e., non -contact cooling water discharge from a metal plating company would be 14, not 56. Primary: 66 Secondary: Main Treatment Unit Code: N/A PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: N/A 3. Important SOC, JOC or Compliance Schedule dates: (please indicate) Date Submission of Plans and Specifications N/A Begin Construction N/A Complete Construction N/A 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: The applicant does not have the needed land (estimated to -be 200-300 acres by the engineer) available to install an adequate spray irrigation system. Connection to Regional Sewer"System: After discussions with NPDES Permit Staff Report Versi on 10192 r Page 3 the local Sewer Authority, Director of Public Works, he explained that pretreatment units would be required and that the sewer use rates were going to be astronomical. Although not specifically stated, it is assumed the applicant does not wish to pursue this alternative due to cost. Subsurface: The applicant states that the soils are insufficient to handle the proposed 100 gallons per minute of wastewater generated and there are no available soils on -site or on the surrounding properties. Other Disposal Options: Other options are to use infiltration galleries. However, this would be nonproductive due to the project being remediation of groundwater contaminated with nitrates and nitrites. Other Special Items: N/A PART IV - EVAULATION AND RECOMMENDATIONS The applicant, Southern States Cooperative, Inc., has requested a- permit to discharge wastewater produced from remediation of groundwater contaminated with excess concentrations of nitrates and nitrites into Fourth Creek. The proposal is to discharge approximately 144,000 gallons of untreated wastewater into the receiving stream. Pending the review and approval by the Permits and Engineering Unit and the Technical Support Branch it is recommended that the permit be issued. Signature of Report Pred?VEer Water Quality"Regional Supervisor Date NPDES Permit Staff Report Version 10192 Page 4 IEPHERDS) 1518 855 1H NE IF 1:24000 . 0 1 MILE 3000 4000 5000 6000 7000 FEET 0 1 KILOMETER INTERVAL 10 FEET MEAN SEA LEVEL ■ N. C. J _ QUADRANGLE LOCATION ATIONAL MAP ACCURACY, STANDARDS _ AL SURVEY, WASHINGTON, D. C. 20242 AAPS AND SYMBOLS IS AVAILABLE ON REQUEST Joy ' M 3E1 we 1 ,? 8'�„ �J L `J NTERIOR-GEOLOGICAL SURVEY. WAG 5Y1000m.E. CLI ROAD CLASSIFICAT Primary highway, Light -di hard surface......................improve Secondary highway, hard surface .......... ._..... Unimpr 0 Interstate Route 0 U. S. ROW STATESVIL N3545- AMS 4855 IN i� SOC PRIORITY PROJECT: Yes Now_ To: Permits and Engineering Unit Water Quality Section Attention: Charles Weaver Date: August 11, 1998 NPDES STAFF REPORT AND RECOMMENDATION County: Iredell Permit No. NC0082821 MRO No. 98-064 PART I - GENERAL INFORMATION 1. Facility and Address: Southern States Cooperative, Inc. 6606 West Broad Street Richard, Virginia 23230 2. Date of Investigation: 08-11-98 3. Report Prepared By: G. T. Chen 4. Persons Contacted and Telephone Number: Mr. Bob Thompson, G.I.T., Law E & E Services, Inc.,(704) 357-8600 S. Directions to Site: From the junction of I-77 North and US Hwy 70 in the southeastern section of, Statesville, Iredell County, travel east on Hwy 70 approximately 5 miles. The plant is on the right (south) side of US Hwy 70. 6. Discharge Point(s). List for all discharge points: Latitude: 350 46' 25" Longitude: 800 46' 40" Attach a U.S.G.S. map extract and indicate treatment facility site and discharge point on map. USGS Quad No.: D 15 SE USGS Quad Name: Statesville East 7. Site size and expansion are consistent with application? Yes. 8. Topography (relationship to flood plain included): The site is approximately 1.5 miles from the discharge location. The w f discharge pipe crosses the flood plain prior to it discharges to Fourth Creek. 9. 'Location of nearest dwelling: No dwellings within 1000 feet of the site. 10. Receiving stream or affected surface waters: Fourth Creek a. Classification: C b. River Basin and Subbasin No.: Yadkin and 03-07-06 C. Describe receiving stream features and pertinent downstream uses: The receiving stream is approximately 20 to 30 feet wide with a good flow at all times. Usage includes fish and wildlife propagation,* secondary recreation, and agriculture. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted: Unspecified. b. What is the current permitted capacity of the wastewater treatment facility? Unspecified. C. Actual treatment capacity of the current facility (current design capacity)? 0.144 MGD. d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: None e. Please provide a description of existing or substantially constructed wastewater treatment facilities: Existing groundwater remediation system consists of three (3) recovery, wells, a lift station with wet well, a flow meter, and a caustic solution (25 o NaHO) tank with pH measuring device. Groundwater is piped to a wet well where a caustic solution is added for pH 'adjustment and .then discharged via a 1.5 (approximately), mile long outfall line to Fourth Creek. f. Please provide a description of proposed wastewater treatment facilities: N/A NPDES Permit Staff Report Version 10192 Page 2 g. Possible toxic impacts to surface waters: None. h. Pretreatment Program (POTWs only): N/A 2. Residuals handling and utilization/disposal scheme: No solid Waste is generated.from this facility. a. If residuals are being land applied, please specify DWQ Permit No.: N/A Residuals Contractor:. N/A Telephone No.: N/A b. Residuals Stabilization: PSRP: N/A RFRP: N/A Other: N/A C. Landfill: N/A d. Other disposal/utilization scheme (specify): N/A 3. Treatment plant classification (attach completed rating sheet): Not classified. 4. SIC Code (s) : 2873 Wastewater Code(sT: Primary: 66 Secondary: Main Treatment Unit Code: 00000 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved (municipals only)? N/A 2. Special monitoring or limitations (including toxicity) requests: N/A 3. Important SOC, JOC or Compliance Schedule dates: (please indicate) N/A 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. NPDES Permit Staff Report Version 20192 Page 3 4 Spray Irrigation: N/A Connection to Regional Sewer System: N/A Subsurface: N/A Other Disposal Options: Not evaluated 5. Air Quality and/or Groundwater concerns or hazardous materials utilized at this facility that may impact water quality, air quality or groundwater? There are no known air quality, groundwater, or hazardous materials concerns. 6. Other Special Items: N/A PART IV - EVALUATION AND RECOMMENDATIONS It is recommended that the permit be renewed as requested by the applicant. Signa of Report Preparer Water Quality 2Y11 - Date gional Supervisor NPDES Permit Staff Report Version 10192 Page 4 �11 '.n r�'Jll III li l ; �, zlso �i+ ERDS) 518 4 7'30" ' 519 520 1 NE :24 000 I 1141LE 0 4000 5000 6000 70DO FEET II fJ� 1 KILOMETER RVAL 10 FEET N SEA LEVEL C. QUADRANGLE LOCATION AL MAP ACCURACY STANDARDS JRVEY, WASHINGTON, D. C. 20242 4ND SYMBOLS IS AVAILABLE ON REQUEST 3959 3958 3957000m fl.. 1UTEMOG-GEOLOGICAL SURVEY WASIIUlfl0h U 7 -I9" 80'45' 521000mE CLEVELAND 4 W. ROAD CLASSIFICATION 10< Primary highway, Light -duly road, hard or y�sU. F� hard surface— improved surface Secondary highway, hard surface . _.... —� Unimproved road 0 Interstate Route C3 U. S. Route O Slate Route STATESVILLE EAST, N. C. N3545—W8045/7.5 "vi C U 1969 AMS 4855 IV SE -SERIES V842 D 165E Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality GROUNDWATER SECTION April 22, 2003 Southern States Cooperative, Inc. Post Office Box 26234 Richmond, Virginia 23260 Attention: Vance Dann Sample Results Wells Near Southern States Facility GW Incident No. 5038 Iredell County, N.C. Dear Mr. Dann: On April 3, 2003, I sampled two wells in the vicinity of the above -referenced site. The wells are located at 179 and 191 Red Walnut Road. These wells are active and are currently being used for residential water supply. The samples that I collected were analyzed for nitrite, nitrate and ammonia. Laboratory results from the sample indicate at the time of sampling that nitrite, nitrate and ammonia were within normal ranges. A copy of the laboratory results is enclosed. Please update your receptor survey with regard to these wells. Should you have questions, please call me at (704) 663-1699, ext. 202. Sincerely, Matt Heller, P.G. Regional Supervisor Enclosure: Lab Results cc: Matt Gustis, P.E. — MACTEC, Charlotte Division of Water Quality / Groundwater Section / Mooresville Regional Office Phone: (704) 663-1699 Fax: (704) 663-6040 919 North Main Street, Mooresville, NC 28115 Internet: http7//qw.ehnr.state.nc.us VA. NCDENR Resident 179 Red Walnut Road Statesville, North Carolina 28677 ICJ Dear Resident: Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality GROUNDWATER SECTION April 22, 2003 Well Water Sample Results Well at 179 Red Walnut Road Iredell County, N.C. On April 3, 2003, I sampled your well. The sample that I collected was analyzed for nitrite, nitrate and ammonia. Laboratory results from the sample indicate at the time of sampling that nitrite, nitrate and ammonia were within normal ranges. The level of nitrate was well below the drinking water standard of 10 mg/l. A copy of the laboratory results is enclosed. Should you have questions, please call me at (704) 663-1699, ext. 202. Sincerely, Matt Heller, P.G. Regional Supervisor Enclosure: Lab Results Division of Water Quality / Groundwater Section / Mooresville Regional Office 919 North Main Street, Mooresville, NC 28115 Phone: (704) 663-1699 Fax: (704) 663-6040 Internet: http7//qw ehnr.state.nc.us NCDENR f DIVISION OF WATER QUALITY Chemistry Laboratory Report / Ground Water Quality COUNTY': IREDELL SAMPLE PRIORITY QUAD NO: XD ROUTINE EMERGENCY REPORT TO MRO Regional Office CHAIN OF CUSTODY COLLECTOR(S) : M HEELER ❑ DATE: 4/3/2003 W❑ SAMPLE TYPE TIME: PURPOSE: Owner: 179 RED WALNUT Location or Site: Description of sampling point Sampling Method: Remarks: LABORATORV ANAT.VCT.Q BOD310 m /L COD High 340 m /L COD Low 335 m / L Coliform: MF Fecal 31616 /100m1 Coliform: MF Total 31504 /100ml TOC m /I Turbitity NTU Residue., Suspended 530 m /L Total Suspended solids m /L H units Alkalinity to PH 4.5 m /L Alkalinity to PH 8.3 m /L Carbonate m /L Bicarbonate m /L Carbon dioxide m /L Chloride m /L Chromium: Hex 1032 u /L Color: True 80 C.U. C anide 720 m /L COMMENTS Diss. Solids 70300 m /L Fluoride951 m /L Hardness: total 900 m /L Hardness: non-carb 902 m /L Phenols 32730 u /L Specific Cord. 95 umhos/cm2 Sulfate m /L Sulfide 745 m /L MBAS m /L Oil and Grease m /L Silica m /L Boron Formaldehyde m /L X NH3 as N 610 0.02U m /L TKN as N 625 m /L X NO2+NO3 as n 630 0.60 m /L P: Total as P 665 m /L PO4 m /L i A -Silver 46566 u /L AI -Aluminum 46557 u /L As -Arsenic 46551 u /L Ba-Barium46558 u /L Ca-Calcium46552 m /L Cd-Cadium46559 u /L Cr-Chromium46560 u /L Cu- Copper 1042 u /L Fe- Iron 1045 u /L H - Mercury 71900 u /L K-Potassium46555 m /L Mg- Magnesium 927 m /L Mn-Manganese 1055 u /L Na- Sodium 929 m /L Ni-Nickel u /L Pb-Lead 46564 u /L Se -Selenium u /L Zn_Zinc46567 u /L Lab Number 3GO341 Date Received : 4/4/2003 Time Received : 9:55 AM Received By H W � leased By : AR Date reported: 4/14/2003 Or anochlorine Pesticides Or ano hos horus Pesticides Nitrogen Pesticides Acid Gasoline Arr, 1 C 2003 Agin 3g0341 1 GROUNDWATER FIELD/LAB FORM SAMPLE TYPE SAMPLE PRIORITY County--_ Water 7� Routine Quad No _ Serial No. ❑ Soil ❑ Emercencv Lat.—_—_—_—__ Long. ❑ Other ❑ Chain of Custody Report To: ARO, FRO, 401IRO, WaRO, WiRO, WSRO, Kinston FO, Fed. Trust, Central Off., Other: Shipped by: Bus, Drier H I., Other: _ _ _ _ Purpose: Colleclor(s):-----s �i Date Time7¢�� Baseline, Complaint, FIELD ANALYSES ----Owner _ pH 40L _ Spec. Cond.94 y7 r at 25eC Location or Site ,/7!% /Qti. Temp.fo /f 7 eC Odor Description of sampling point Appearance— elAir Sampling Method--4.✓A Field Analysis By: �i • , Remarks M LABORATORY ANALYSES �� 10 BOD 310 mg/L COD High 340 mg/L COD Low 335 mg/L Coliform: MF Fecal 31616 /100ml Coliform: MF Total 31504 /100ml TOC 680 mg/L Turbidity 76 NTU Residue. Suspended 530 mg/L pH 403 units Alkalinity to pH 4.5 410 mg/L Alkalinity to pH 8.3 415 mg/L Carbonate 445 mg/L Bicarbonate 440 mg/L Carbon dioxide 405 mg/L Chloride 940 mg/L Chromium: Hex 1032 ug/L Color: True 80 CU Cyanide.720 mg/L Lai) uom Diss. Solids 70300 mg/L Fluoride 951 mg/L Hardness: Total 900 mg/L Hardness (non-carb 902 mg/L Phenols 32730 ug/I Specific Cond. 95 uMhos/cm Sulfate 945 mg/L Sulfide 745 mg/L Oil and Grease mg/L NHS as N 610 mg/L TKN as N 625 mg/L NO2 + NO3 as N 630 mg/L P: Total as P 665 mg/L Uw-b4 REV. 12/87 For Dissolved Analysis -submit filtered sample and write 'DIS' in block. North Carolina De ri enf of Environment and Natural Resources S,OpartDIVIN O� WATER QUALITY -GROUNDWATER SECTION 0 Lab Number�� Date ReD. ce*yedp Time: Rec'd By: /�f ..11k7 Fro m:Bus, ouri Hand Del., Other:_ Data Entry By: _ Ck: Data Reported:_ ;ompliance, LUST, Pesticide Study, Federal Trust, Other:-- _jWa one) -- Ag-Silver 46566 ug/L AI -Aluminum 46557 ug/L As-Arsonic 46551 ug/L Ba-Barium 46558 ug/L Ca -Calcium 46552 mg/L Cd-Cadmium 46559 ug/L Cr-Chromium 46559 ug/L Cu-Copper46562 ug/L Fe -Iron 46563 ug/L Hg-Mercury 71900 ug/L K-Potassium 46555 mg/L Mg -Magnesium 46554 mg/L Mn-Manganese 46565 ug/L Na-Sodium 46556 mg/L NI -Nickel ug/L Pb-Lead 46564 ug/L Se -Selenium ug/L Zn-Zinc 46567 ug/L le Inte air temp., etc.) Organochlorine Pesticides Organophosphorus Pesticides Nitrogen Pesticides Acid Herbicides PCBs Semivolalile Organics TPH-Diesel Range Volatile Organics (VOA bottle) TPH-Gasoline Range TPH-BTEX Gasoline Range LAB USE ONLY Temperature on arrival: v WAT (a Michael F. Easley, Governor y; '9 William G. Ross Jr., Sc�cretary \O� QG — North Carolina Department of Environment and Natural Resources% Alan W. 14imek, P.E. Director r Division of Water Quality GROUNDWATER SECTION April 22, 2003 James Elmore Post Office Box 174 Statesville, North Carolina 28677 RE: Well Water Sample Results Well at 191 Red Walnut Road, Statesville Iredell County, N.C. Dear Mr. Elmore: On April 3, 2003, I sampled your well. The sample that I collected was analyzed for nitrite, nitrate and ammonia. Laboratory results from the sample indicate at the time of sampling that nitrite, nitrate and ammonia were within normal ranges. The level of nitrate was well below the drinking water standard of 10 mg/l. A copy of the laboratory results is enclosed. Should you have questions, please call me at (704) 663-1699, ext. 202. Sincerely, Matt Heller, P.G. Regional Supervisor Enclosure: Lab Results Division of Water Quality / Groundwater Section / Mooresville Regional Office. 919 North Main Street, Mooresville, NC 28115 Phone: (704) 6631699 Fax: (704) 663 5040 Internet: hftp7//-qw.ehnr.state.nc.us 6 6 NCDENR COUNTY: IREDELL QUAD NO: REPORT TO : COLLECTOR(S) DATE: TIME: PURPOSE: MRO Regional Office M HELLER 4/3/2003 LABORATORY ANALYSIS BOD310 m /L COD High 340 m /L COD Low 335 m /L Coliform: MF Fecal 31616 /100ml Coliform: MF Total 31504 /100ml TOC m /I Turbiti NTU Residue., Suspended 530 m /L Total Suspended solids m /L H units Alkalinity to pH4.5 m /L ,Alkalinity to pH 8.3 m /L Carbonate m /L Bicarbonate m /L Carbon dioxide m /L Chloride m /L Chromium: Hex 1032 u /L Color: True 80 C.U. Cyanide 720 m /L COMMENTS Owner: Location or Site: Description of sampling point Sampling Method: Remarks: DIVISION OF WATER QUALITY Chemistry Laboratory Report / Ground Water Quality SAMPLE PRIORITY X]ROUTINE EMERGENCY CHAIN OF CUSTODY ❑ WJ SAMPLE TYPE LAMES ELMORE aRtJ -4 Lt, 21, Diss. Solids 70300 m /L Fluoride 951 m /L Hardness: total 900 m /L Hardness: non-carb) 902 m /L Phenols 32730 u /L S ecific Cond. 95 umhos/cm2 Sulfate m /L Sulfide 745 m /L MBAS m /L Oil and Grease m /L Silica m /L Boron Formaldehyde m /L X NH3 as N 610 0.02U m /L TKN as N 625 m /L X NO2+NO3 as n 630 0.25 m /L P: Total as P 665 m /L PO4 m /L A -Silver 46566 u /L Al -Aluminum 46557 v /L As -Arsenic 46551 u /L Ba-Barium46558 u /L Ca-Calcium46552 m /L Cd-Cadium46559 u /L Cr-Chromium 46560 u /L Cu- Copper 1 2 u /L Fe- Iron 1045 u /L H - Mercury 71900 u /L K-Potassium 46553 m /L Mg- Magnesium 927 m /L Mn-Manganese 1055 u /L Na- Sodium 929 m /L Ni-Nickel u /L Pb-Lead46564 u /L Se -Selenium u /L Zn_Zinc 46567 u /L Lab Number 3GO340 Date Received : 4/4/2003 Time Received : 9:55 AM Received By H /� 1 Released 1BY : A Date reported: 4/14/2003 0r ano hos horus Pesticides Nitroeen Pesticides I I Acid Herbicides I Gasoline A r- t , i 1 2003 �.kCES . _ 3g0340 BOD 310 mg/L COD High 340 mg/L COD Low 335 mg/L Coliform: MF Fecal 31616 /loom[ Coliform: MF Total 31504 /loom[ TOC 680 mg/L Turbidity 76 NTU Residue, Suspended 530 mg/L pH 403 units Alkalinity to pH 4.5 410 mg/L Alkalinity to pH 8.3 415 mg/L Carbonate 445 mg/L Bicarbonate 440 mg/L Carbon dioxide 405 mg/L Chloride 940 mg/L Chromium: Hex 1032 ug/L Color: True 80 cu Cyanide 720 mg/L Lab Comr r— b I GROUNDWATER FIELD/LAB FORM I—ui �01 um to Department of Environment and Natural Resources DIVISION OF WATER QUALITY -GROUNDWATER SECTION SAMPLE TYPE SAMPLE PRIORITY County__—�C� — — Water -;K Routine �� %(�i� Lab Number -C.L� Quad No Serial No. ❑ Soil ❑ Emeroencv Date Rece' ed2 Lat. Long. ❑Other Chain of Custody0 Rec'd By:ryf (,v From;g s .:t�; Report To: ARO, FRO, t�RRO, WaRO, WiRO, ime: url - �) ❑ Other: -- — Data Entry By: Ck: �f WSRO, Kinston FO, Fed. Trust, Central Off., Other: Data Shi ed b Bus, u H n el., Other:_— Reported: pP y' � _ Purpose• Colleclor(s):—_—_---- Date_ I Time_� Baseline, Complaint, Compliance, LUST, Pesticide Study, Federal Trust FIELD ANALYSES — ----Owner1_D(°one) //�,, //��ss�� ��yy pH 400 Spec. Cond.g4— — at 25°C Location or Site 09W-- o,-_ Temp.lo — °C Odor -- �_�� — Description of sampling point Appearance Sampling Method ?�IR(Pumping Sam le Interval Field Analysis By: /�4Remarks_ �pLAORATORYANALYSES �time,airtemp..etc.) Diss. Solids 70300 mg/L Fluoride 951 mg/L Hardness: Total 900 mg/L Hardness (non-carb 902 mg/L Phenols 32730 ug/I Specific Cond. 95 uMhos/cm Sulfate 945 mg/L Sulfide 745 mg/L Oil and Grease mg/L NH3 as N 610 mg/L TKN as N 625 mg/L NOz + NO3 as N 630 mg/L P: Total as P 665 mg/L GW-54 REV. 12187 For Dissolved Analysis -submit filtered sample and write'DIS' in block. Other: 'Al State of North Carolina IT Department of Environment, ILFKWA Health and Natural Resources • • Mooresville Regional Office James B. Hunt, Jr., Governor � C G Jonathan B. Howes, Secretary Vivian H. Burke, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT March 18, 1994 CERTIFIED MAIL RETURN RECEIPT REQUESTED Hilton M. Withers Southern States Cooperative, Incorporated Post Office Box 26234 Richmond, Virginia 23260 RE: Review of Corrective Action Plan Southern States/Wayside Estates Incident W 5038 Iredell County, N.C. Dear Mr. Withers: I have reviewed the January 31, 1994 corrective action for the subject site. Prior to approval of the plan by the Division, a schedule for implementation must be established. Please complete the attached schedule and return it by April 1994. Upon receipt of the schedule and the attached CAP certification sheet (completed), I will recommend that the Division approve the plan with the following modifications: plan 15, 1. The bottom of recovery well RW-2 will not be permanently sealed until levels of nitrate, nitrite, total dissolved solids and chloride in K65W7"I" and the lowest zone of RW-2 have been below 2L standards for eight consecutive quarters as specified in the March 1993 Groundwater Section guidelines (see attached). 2. All wells except K65W6"B", K65W6"D" and K65W7"D" will be sampled quarterly for the first year following startup of the groundwater recovery system, then semi- annually thereafter. The samples will be analyzed as outlined in section 5.5 of the plan. All wells at the site will be gauged quarterly. A report.of the results of the sampling and gauging will be submitted within 45 days of sample collection. 919 North Main Street, Mooresville, North Carolina 28115 Telephone 704-663-1699 FAX 704-663-6040 . An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper SENDER: rn Complete .'stems 1 and/or 2 for additional services. I also wish to receive the t y •'Complete items 3, and 4a & b. following services (for an extra V • Print your name and address on the reverse of this form so that we can fee): i 6) return this card to you. y • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address i y does not permit. yam- Write "Return Receipt Requested" on the mailpiece below the article number. 2. ❑ Restricted Delivery a The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. . '0 3. Article Addressed to: 4a. Article Number P 836 253 389 (3/18/94) 7i SOUTHERN STATES COOP INC E ATTN: HILTON M WITHERS p 4b. Service type ❑Registered ❑Insured 1 PO BOX 26234 Certified ❑ COD C' RICHMOND VA 23260 '+Express Mail ❑ Return Receipt for Mc Merchandise 1 Date of Delivery, 9. (CAP REVIEW —WAYSIDE EST.) MAn 2 vol 0 5. Signature (Addressee) 8.' Addressee's Ad_dreEFrtMIy if requested � and fee is paid) c I XI b. Signature (Agent) g H a PS Form 38111 Dee b r 1991 *1I.S.GPO: 1993-352-714 DOMESTIC RETURN RECEIPT p 836 253 -3-87 -- ---- Receipt for 3/18/94 Certified Mail TM No Insurance Coverage Provided u,,,,® Do not use for International Mail POSTAESERNCE (See Reverse) Sent to stA-I TON M WITHERS Postage w Southern States Cooperative, Inc. March 18, 1994 Page Two 3. Due to the large volume of groundwater to be pumped at the site, you must identify potential sources of groundwater contamination off -site and upgradient of or within the radius of influence of the recovery wells and establish a monitoring program to ensure that the extraction system is not drawing contaminants on -site. You should continue with the current semi-annual sampling plan until the corrective action system is operating. Please note that for site closure you will need at least one to two years of consecutive quarterly data showing nitrate, nitrite, total dissolved solids and chloride levels below 2L standards or showing asymptotic levels of these constituents. If you have any comments or concerns, please call me at (704) 663-1699, ext._235. Sincerely, &— Chris Deno er Hydrogeologist Attachments: Schedule of Implementation CAP Certification Sheet Page 91 of Groundwater Section Guidelines cc: Groundwater Section - Raleigh Thomas Boggs - Law Environmental (with attachments) Charles E. Anderson - Canonie Environmental Services Corp. (with attachments) fCMDY's c5 CAP F •. -S. . CandweEnvironmental January 28, 1994 N.C. DEPT. OF $Nvr.t= iT:, HEALTH, FEB B 1 1994 ®IVISION OF ENUROI UiENTAL MANAGEMENT IYOORESVILLE REGIONAL OFFICE Ms. Christine M. DeRoller North Carolina Department of Environment, Health, and Natural Resources Mooresville Regional Office 919 North Main Street Mooresville, NC 28115 Corrective Action Plan Southern States Fertilizer Facility Statesville, North Carolina Dear Ms. DeRoller: Canonie Environmental Services Corp. 800 Canonie Drive Porter, Indiana 46304 Phone: 219-926-8651 Fax: 219-926-7169 91-161-07 On behalf of Southern States Cooperative, Inc. (Southern States), Canonie Environmental Services Corp. (Canonie) submits the enclosed Corrective Action Plan (CAP) for ground water remediation at the Southern States Fertilizer Facility in Statesville, North Carolina. On December 12, 1989, the North Carolina Department of Environment, Health, and Natural Resources (NCDEHNR) issued a Notice of Violation stating that excessive concentrations of nitrate and/or nitrite (as nitrogen) were detected in ground water at the site. The CAP has been prepared in response to the Notice of :Violation and details the measures proposed to remediate the impacted ground water. There are two objectives in implementation of the CAP: 1. Hydraulic control of the plume to prevent off -site migration; 2. Restoration of ground water quality beneath the Southern States Property. A single bedrock extraction well (Recovery Well RW-2) will be used to hydraulically prevent off -site migration along the southern property boundaries. A pump test performed on Recovery Well RW-2 in 1991 by Law Environmental, Inc. (Law) demonstrated that RW-2 has the yield capacity and radius of influence to effect hydraulic control of the ground water plume. Details of the pump test on RW-2 were documented in the Summary of Installation and Evaluation of a Pilot Well System Report issued by Law on December 11, 1991. PRUA91-16MEROLLER.128 [Jan. 26, 19941 Ms. Christine M. DeRoller 2 January 28, 1994 Restoration of ground water quality beneath the site will be accomplished by pumping from existing Recovery Well RW-2 and ground water extraction from two proposed Recovery Wells RW-4 and RW-5. The two proposed wells (RW-4 and RW-5) will be located in areas, and screened at depths, where higher concentrations of nitrate and/or nitrite (as nitrogen) have been detected. A ground water extraction rate of 50 gallons per minute (gpm) is anticipated from RW-2 based on data obtained from the pump test. Since RW-4 and RW-5 have not been installed yet and we are dealing with a fractured bedrock system, the yield capacity of these two wells is not known. A ground water extraction rate of 25 gpm for each well has been used for design purposes. Ground water extracted from the three recovery wells will be pumped via a lift station and discharged into Fourth Creek approximately 1.5 miles northeast of the site. Canonie is proceeding with final design of the pumping and discharge piping system as described in the enclosed CAP. Work has already begun and is expected to be complete by February 28, 1994. Final design and specifications must be approved by the NCDEHNR Division of Environmental Management (DEM) before construction can begin. When we have that agency's approval and the Mooresville Regional Office approval of RW-4 and RW-5 installation details as described in this CAP, we will start construction. We wish to make you aware at this time of a potential problem with regard to operation of the system after construction is completed. A draft National .Pollutant Discharge Elimination System (NPDES) permit was issued by the DEM on September 20, 1993, relative to the effluent water from the system. The NPDES permit places several restrictions on the effluent water quality. Specifically, it limits pH to a 6 to 9 range and total suspended solids to 45.0 mg/I daily maximum. The water must pass the North Carolina Ceriodaphnia chronic effluent bioassay procedure, which is a pass or fail test. Also, during summer months, the ammonia (as N) content of the effluent water must not exceed 7.8 mg/I. Several other chemical constituents must be regularly monitored and reported to the DEM. To determine if there would be any problem meeting the NPDES effluent limitations, Law collected samples from Wells RW-2, K65W6"E", and K65W7"I" on September 30, 1993. The samples were analyzed for all NPDES permit criteria. The chronic toxicity tests were performed by Shealy Environmental Services, Inc. Samples from all wells met NPDES chemical limitations; however, the RW-2 sample failed the chronic toxicity test. The same wells were sampled again on November 11, 1993, and duplicate samples were submitted to two laboratories for chronic toxicity verification testing (Duke Power Company and Woodward -Clyde Aquatic Toxicity Laboratory). Both laboratories confirmed the findings that water from Well RW-2 failed the toxicity test while the K65W6"E" and K65W7"I" samples passed. PRUA91.181WEROLLER.128 Wen. 28, 19941 CanonleEnvironmental Ms. Christine M. DeRoller 4 January 28, 1994 flows or change rates accordingly. We will maintain contact with the NCDEHNR Mooresville Regional Office and if problems meeting the NPDES permit limitations at CAP extraction rates occur, we will advise the agency of any adjustments in ground water extraction rates needed to meet NPDES limitations. While we understand that final approval of the CAP by the NCDEHNR is not required prior to commencement of the work, Southern States would like to obtain approval from the NCDEHNR regarding the location and depths of the two additional recovery wells prior to installation. Since we would like to commence construction of the additional recovery wells as soon as possible, Southern States would like to meet at your convenience to discuss the recovery well details, or any other aspects of the CAP. Please call me at (219) 926-8651 or Mr. Thomas Beggs (Law) at (704) 357-1747 to schedule a meeting date, or if you have any questions. Very truly yours, �� E a"OL�� Charles E. Anderson, P.E. Project Manager CEA/tk Enclosure cc: Thomas F. Beggs, Law Environmental, Inc. Hilton M. Withers, Southern States Cooperative, Inc. MWA91-16MEROLLER.128 (Jan. 28, 19941 C anomie E nv i t on menta l Ms. Christine M. DeRoller 3 January 28, 1994 The Woodward -Clyde Laboratory performed additional acute and chronic screening tests on the remaining RW-2 sample. That testing showed the high mortality to be most probably due to a metalloid -ammonia complex and that RW-2 may also exhibit toxicity due to its nitrite content. An analysis for inductively coupled plasma (ICP) metals, conducted by Weston -Gulf Coast Laboratory (Weston), found zinc content of 19,500 Ng/I, which would result in a zinc content of 600 Ng/I when diluted to three percent as specified in the NPDES permit for the chronic toxicity test to account for the dilution with Fourth Creek, the receptor stream. Zinc has been found toxic to aquatic organisms at 90 Ng/I. Law reviewed well construction records, which showed the RW-2 well casing was completed with galvanized steel pipe. Wells K65W6"E" and K65W7"I", which did not show chronic toxicity test failures, were constructed of polyvinyl chloride (PVC) plastic. Analytical results from those wells showed zinc levels below detection. Since the well casing galvanizing was thought to potentially have been the source of zinc, which leached into RW-2 ground water, Well RW-2 was sampled again on December 29, 1993, this time from bedrockthrough a packer installed belowthe level of the galvanized casing. Unfortunately, the bottles that contained the samples that were to be tested for chronic toxicity were broken in transit to the laboratory, and insufficient sample remained for testing. Analysis of the sample sent to Weston for Target Compound List (TCL) metals showed a zinc content of 0.78 mg/I, low enough that when diluted, it would probably have passed the chronic toxicity test. Because of the inconclusive results of this sample event due to the broken toxicity test sample bottles, sampling the well again using a packer to seal the well casing from bedrock was dictated. Law sampled the well again on January 20, 1994, and samples have again been submitted for chronic toxicity testing and ICP metals analysis. Results have not been received. In addition to the RW-2 problems, there may be problems with NPDES limitations with discharges from new extraction wells, RW-4 and RW-5. Although analyses for the NPDES limitation chemical constituent and chronic toxicity tests of samples from Wells K65W6"E" and K65W7"I" showed no problem, these monitoring wells may not be representative of ground water conditions that will be encountered in the yet to be constructed extraction wells. Wells K65W6"E" and K65W7"I" are deep -bedrock wells, whereas RW-4 and RW-5, as specified in the CAP, are to recover water primarily from the soil and partially weathered rock. Chemical concentrations in each strata may be very different. Our plans are to complete construction of the system and start it up at pumping rates indicated in the CAP. A sampling and analysis program will be performed on the discharge ground water at startup to insure that no NPDES permit limitation is violated. In order to meet the NPDES permit limitation, we will adjust the ratios of PR\WA91-16MEROLLER.128 [Jan. 28, 19941 CanonleEnvironmental c LAW ENVIRONMENTAL, INC. January 15, 1992 CHARLOTTE, NORTH CARD INA 28217 P.O. BOX 240674 CHARLOTTE, NORTH CAROLINA 28224-0674 704-357-1747 704-357-1622 (FAX) Ms. Christine M. DeRoller North Carolina Department of Environment, X. a DEPT. OF NATmtA>m Health, and Natural Resources RE$t`IMCES AND Mooresville Regional Office dOMMUNITV DEVELOPMENT 919 North Main Street JAN 2 11992 Mooresville, North Carolina 28115 � bNISlOA OF EIIVIRORNENTAi bAAAOFlIFldT Re: NPDES Permit Application YQORESBIlIE RE619NAl QFFDCE Southern States Fertilizer Plant Statesville, North Carolina LEI Job No. 56-1570.94 Dear Ms. DeRoller: As discussed during our telephone conversation today, I am sending you a copy of correspondence from the Raleigh NPDES Permits office. The letter, from Mr. Dale Overcash, states that additional information must be provided before the Southern States NPDES application can be reviewed. Law Environmental is in the process of preparing a new NPDES Permit Application using the recently issued Short Form C-GW. We hope to have the application ready for submission to the NCDEM within six weeks. Based on the information you conveyed, I understand that the revised Special Order by Consent which we reviewed during an October 31, 1991 meeting will soon be issued by your office. I will contact you when we receive the SOC so that compliance dates can be reviewed in light of the new NPDES application requirements. Please do not hesitate to contact me if you have any questions or comments regarding this project. Sincerely, 'Y Thomas F. Beggs, P.E. Principal cc: Southern States- Cooperative, Inc. v33 1Printed on Recycled Paper State 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, Govemor William W. Cobey, Jr., Secretary Mr. Thomas F. Beggs, PE Law Environmental, 'Inc. PO Box 240674 Charlotte, NC, 28224-0674" Dear Mr. Beggs, ( Scorge T. Everett, Ph. D. Director 7, 1992 NPt.','S Permit App! ' Southern� Statle'srlFertiliz'er Plant Iredell County On January 6, 1992, the Division of Environmental Management received a NPDES Permit Application for the subject facility. The application is considered inCOMplete. Therefore, the Division of Environmental Management is returning the application. The returned infon-nation must be resubmitted with the following to complete the application: 1 - A chock for $400.00 made payable to the NC Department of EHNR (see attached fee schedule). 2. The attached application, Short Form C-GW (a recently developod form), completed and signed by the appropriate official, and subr-nittcd in triplicate. Also, applicatiohs must be site specific. You may submit two separate applications for a specified discharge into Third Greek and Fourth Creek, but one form cannot suffice for both. 3. Engineering Proposal (see attached). 4. Engineering Alternatives Analysis (see attached). 5, Effective October 1, 1989, the requirements of General Statute 143-215.1 (q) must be addressed as part of the engineering proposal (see attachment). 6. The application and supporting information must be submitted in triplicate. The Division of Environmental Management will initipte the permit review process upon receipt of the above requested Information. The receipt of the .above information does not preclude this Division from requesting additional information at a future date.. If you have any questions, please contact me at (919) 733-5083. Office Sincer M. DD ai 4.ve reas- , PH Supervisor, NPDES Permits Pollutiah Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 Aa Equ.al Opportunity Affirmative Action Employer DEPARTMENT OFENVIRONMENT, HEALTH AND NATURAL REsOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION NPDES PERMIT PROCESSING FEES NPDES PERMIT APPLICATION PROCESSING FEES NEW APPLICATION RENEWAL OR MAJOR WITHOUT MAJOR NAME MODIFICATION MODIFICATION CHANGES* > 10.000.000 GALLONS PER DAY INDUSTRIAL $400 $400 $50 DOMESTIC/COOLING WATER $400 $400 $50 1,000,001 - 10.000.000 GALLONS PER DAY INDUSTRIAL $400 $300 $50 DOMESTIC/COOLING WATER $400 $300 $50 100,001 - 1,000,000 GALLONS PER DAY INDUSTRIAL $400 $250 $50 DOMESTIC/COOLING WATER $400 $250 $50 <100.000 GALLONS PER DAY INDUSTRIAL $400 $200 $50 DOMESTIC/COOLING WATER $400 $200 $50 SINGLE FAMILY RESIDENCE $240 $120 $50 * THE FEE FOR NAME CHANGES ALSO APPLIES TO ANY OTHER MINOR MODIFICATION LISTED UNDER 15 NCAC 2H .0114 (b). CHECKS OR MONEY ORDERS SHALL BE MADE OUT TO THE "NQ DEPARTMENT OF EHNW ENGINEERING PROPOSAL Regulation Citation: 15 NCAC 211 .0105 (c) (1-7) . Applications for projects requiring construction of control facilities shall, in addition to applications required in Subdivision (a) of this Rule, file in triplicate an engineering proposal setting forth the following information: (1) a description of the origin, type, and flow of waste which is proposed to be discharged. Flow shall. be determined in accordance with Rule 2H .0219(1) of this Chapter. (2) a summary of waste treatment and disposal options that were considered and why the proposed system and point of discharge were selected; the summary should have sufficient detail to assure that the most environmentally sound a.lte native was selected from the reasonably cost effective options; (3) a narrative description of the proposed treatment works including type and arrangement of major components, in sufficient detail to assure that the proposed facility has the capability to comply with the permit limits; for commonly used treatment systems or components with well established treatment capabilities, detailed plans and specifications need not be submitted until the application for the authorization to construct; however, detailed plans and specifications shall be required with the permit application for any system or component without well established treatment capabilities for the nature of waste or degree of treatment needed to meet the permit limits; (4) a general location map, showing orientation of the facility with reference to at least two (2) geographic references (numbered roads, named streams/rivers, etc.); (5) a scale location plan of the site showing location of the proposed treatment works and the proposed point of discharge; (6) special studies or modeling may be required in cases where the impacts of the discharge cannot be readily determined by the Division. (7) a statement to demonstrate .financial qualification and substantial previous compliance with federal and state laws, regulations, and rules for the protection of the environment as required by G.S. 143-215.1 (b) (la). NOTE: The requirements of 15 NCAC 2H .0105 (c) (6) above are not required to be performed at this time unless the applicant has previously been informed by the Division of Environmental Management that these requirements must be met-; otherwise, the Division of. Environmental _•fanagement will notify the applicant- at a future date if the requirements of 15 NCAC 2H .0105 (c) (6) must be met. GUIDANCE FOR EVALUATION OF WASTEWATER DISPOSAL_ ALTERNATIVES Proposed Discharge I. General Information A. Provide the following: - facility name - county - facility address - report preparer's name - report preparer's North Carolina P.E. certification . number - report preparer's Illalling address and telephone number B. Provide a detailed description of the proposed disch:u-ge facilities (\u:: may include a diagram indicating the plant components and processes) C. Describe the project <erved by the \\I\\DTP (i.e. school. of students or households, total ryas e Coll trlbutlOn Calculated according to li NC:\C 2I-1 . 0219 (1), etc.) D. Indicate if it is a phase! development and pi-OVide the estimated per phase (indicate CLII-I-ent phase sr,inls f'o:- existing facilities) II. Evaluation of Environmental Feasibility of Discharge Alternative; A. Evaluate the environm;.ntal feasibility of all three of the following aliernatives. 1'. Connection to Sewerage System (sel-Ml by a Inunicipali1 ether entity holding a valid NPDES o,- Non -Discharge Permit). It. Exlstlingy Se\yermge System: Indicate distance to :tn exis:ing sewer line within a five mile radius (radius extension should be considered if cost effective as it relates to project size) If there are not available sewer lints in the vicinity, please note this and proceed to entry 1(b) below. (1) Provide description of se\\er facilitii'.s nc: ss Ir\ to connect to receiving wastewater- treatment plaint. (2) Provide preliminary Indication of llov. Irorll nunicipal or prk-ate WWTP under consideration for conl:eclion (documentation should include NPDES permit number and county of the accepting \\;\\%TP). If a municipal or private WWTP cannot accept the wa..'tewater, please explain. t 31 In;`.icate if third party agree.11lc'n!s kl bc nccess,uy. (4) Attach a topographic map 01" i( ;Ippropriate.:1 drawing showing the physical aspects of this alternzim c' (Le. .A) sewer system. route for sewer line, property difficllhics, etc. I (" ) I'r; .ecd to Alternative 11. A (?) - Subsurf:Icc Ui::. s:Il Syst<ms. b. Planned Sewerage System: Detei-illlil: If an area wide seweragee system within a five mile :,Idius is projected to be a%,Lukible within the r,:m five years to receive waste from the project under study. l�etennine :Ivail,i! i!i;v date and flow acceptance projection will appropriate regulator\ authorit.,. Identity vout-contact Page 2 in the public utility or private management group that assisted you in this determination. Should a sever line be available for connection within the next five \ears entry (i)(a) should be evaluated. 2. Subsurface Di l)osal Svstelll ( Installation Ol nitrification systcllls. IOW pressure pipe systems and mound s}'stellls) low pressure syslellls Note: Subsurface cisposal systems (i.e., :::c1 ;;ilri;�il•iltion syslenls) are only' pelllli[ted b� DEI\'I for the following types oI' facI11!.1 °�: Its cl\\ nc•d facilities, county o\\ ned faci ities. public utility facilities anel illCILISU' :l' ::tc::!t!� s With an industrial \VaS[e\\'atel" �Jlllp011ell[. OtherCa[e`?OI"les OI laCl1Me. (i._.. :!\ !t:'1_' O\\'IlcCl IllOblle home parks, hollle;\\'llel aSSOI lil[]OI1S, Illll"5111�� 110111eS, IlldllStrlill I-i�lll!ICS \Vit" 1OO�/C dollleStlC wilste, etc.) .::"e 1)ca-nli[ted by local county hea1111 cfepartnle:ts. :�n�' facility in the latter Cate�GorY nr.:<t obtain a statement from the. local Count' 1l llth Departlllent concerning suitability•/u:.suititbility of soils for subsurface systems. a. Deternliae if pernlittee Currently owns land that is :tv- ilable and suitable for a ground 'bsorptloll System. (1) Provide. a preliminal-y re.port front :l soil scientist with a loadina rate recommendation based Oil ti011 l)C. (2) Provide calculations to determine Ialld size requireallents based on design and loading rate characteristics. Note: Disposal systems require 1009c. reset, e itreil. O Indicate if all buffet- zone regtlirenlents il1"e :apt :!; crlydul<_= to I> N'CAC ?H 0219 (j). Provide a site plan indicatin : �1lc�seci lavout of subsurface system. (1) I? these is sufficient usilblC land. C"�;•! cring the' existln�, project Clevelopnlent plan. \\'Ilal nloclit is atlo 1s to the plan (Such as 1"edUClllg the number of units produced, :he reduction Of design flow, etc...) would be necessar}' to allow for :!dequale usable land On the site. �. If there is Insufficientusable l;lnd ,ln :Ile 111-o'ect site, proceed to envy (b) below, I- applic able.'��'ed to Alternative II A Spray Irrigation Systenls- b. De:ermine it adjacent Ialld COuld be a l;..ircc 'l:lililhi'tly I)1't`` cij '"Icent pe:"ina ;ent easement. I'I"O\'Ide Clocl;lllenliltil,n 11:7.1-1 CO!IICI be IC'.Clllll"CCI, e-ValllillC ilClUI'lllll` l0 Clil:: � i:l'• 3. Sj)r'1\' Irl'-:160�'1 SVStclll a. DeteI"alllle it permittee Currently O\\.ns land ti:::t is :tvililable and suitable C):' a Sm) 'l\f ll'rlLiatiOn S}'ste.11l. (11 Provide a pre.11llllnar\ report lrOnl reC011llllellda[ioll based on sclil pe t�. . Page (2) Provide calculations to determine land size requirements based on design and loading rate characteristics. (3) Indicate if all buffer zone reeluirements ,ire met according to 15 NCAC 21-1 .0219 O. Provide :t site plan indicatinL, proposed layout of spray irrigation system. (4) 11' there is sufficient us:lble land. consi ie.ring the existing project development plan, what modificimoris ;o the plan (such as reducing the number of units produced. !he redi,, tlon of design flow, etc...) would be necessary to Alo'A' I*or :u.ledti:ric usable land on the site.. If there is insufficient usable land on the project Site. Refer to entry 3 (b) if applicable. Otherwise., proceed to Section 11. B. b. Determine if adjacent land could be acquired lilrou�gh purchase or permanent easement. Provide documentation of availability. If adjacent land could be acquired, evaluate according to entry 3(a) iallmediately above. B. If one or more of the three non-discharze nitcrnatives. 11. A or were found to be environmentally feasible, select one inn notify DEN-1 th::i the alternative will be undertaken in lieu of submitting the NPDES application. If a non -discharge application is selected, the rest of this guidance is not required to be completed. It one or more of the three non -discharge ;alternatives were found to be environmentally feasible, but the permit ;applicant does not wish to select one because he claims doing so would be unreasonably r:ostly, cos; estimates prepared according to Section III of this Guidance must be submitted to DFM. Proceed to Section II.C. If none of the three alternatives. 11. \.(1),(�1. ;�r i �� : r; fo�ind to be environmentally feasible, proceed to Section H.C. C. Evaluate the environmental feasibility of the discharge to :a floe, ing stream (defined as a su-eam with 7Q10/30Q2>0 cfs flows). NOTE: This section is not required to be completed unless the three non-dischar�-,e alternatives evalu;lie.cl in Section II.A. were found to be environmentally infeasible, or if one or more. of the :tltern:::i,Cfound to be environmentally feasible •but the pertllit :lpplic:ant cl:rllIIN 01:� ; selcctinL, :!rly of the environnlent,tlly feasible alternatives wc)t!Id he unrcas: iah! • ;!� . Indicate disttmce to nearest scream with posilive 11(m nicct::: the ab;;vc criteria (attach topo<,r:aphic miap indicating current existing/pruposrcl cl:,rhargc paint and ne\v proposed IOcatl0n). �. ProVicie docunlentalion as to Whetlter or ncit third parti, s a rc. (n pr, yicic. nece>sary eascnlen(s 11 applicably. Proceed to Se.ctlon III. Page 4 III. COST ESTIMATION AND COMPARISON NOTE: Se.clion Ill must be completed only if one or more ol' Alternatives (1), (2), and Q) eyalu;ltec in Section H.A. or it the proposed dischar12e evaluated in Section II.C. were found to be environmentally ieasible and the penllit applicant claims [hilt Se-IMin`_ the least costly of the feasible Lilternatives would be unreasonably costly. A. Prepare cost estimates in accordance with the I'0110Wi IL' v(uidC1ine.s for each of Alternatives 1, 2 an"' 3 that were found to be environmentally 1-e;tsible in Section II. Be sure to convert all costs .o present Value as described in Section 1 . Connection to a Sewerage Svstelll (served by a I1111111Ctpallty or O[ller entity holding a valid NPDES or Non-Discharae Permit. 1. a. Provide detailed cost estimate of an installed sayer line illlerceptor and pump station(s) if applicable (i.e. malerials ;wd L,1h0 ). b. Determine the operating expenses c>l* the sewer extension (i.e.. materials. utilities, maintenance and operator costs) for rite design pc1-10d. c. Indicate cost of easements if applicable. (include cl0cunlenrttl0rl of offer to provide easement witli dollar- amount front appropriate party). d. Indicate connection fees and/or Surchal-ge required by the WWTP under consideration. Note: If a periodic surcharge. is required, please. consider cost in analysis. 2. Subsurface Disposal System (Installa[ion of nitrification systems, low pressure pipe systems and mound systems). a. Provide. a detailed cost estimate f lr the installer! cast (.i.e.. materials and labor) of Treatment facilities. b. Determine the opportunity cost of ilny land under current ovynership to be utilized under this alternative. c. Provide the cost of any land to be purchased and/or cost of' the permanent easement (include letter of offer to sell provide permanem easement with dollar al110t1111 from appropriate party) to 1)c utiliZ.2cl uncle,- this alt�rnatiyc. d. Determine the operating expenses of the ,l hsurlac; c!i,!lc,sal Svstenl Ox. materials, utilities, nlaintentlnce "Indc1l . rater casts; Icir t!te d sign pericici. St�ra� Irrigation System ,1. Provide a detailed cost estimate for 111c Insullled Co,-, (i.e. Illaterials and labor) of treatment facilities. 1). Deter111111e the Opp0rt11111tY cost of the l;uld or pm-tloil ihereol under current OWnel-S1111) Utilized Milder tills altermlti\�:. C . Provide the cost of any land to be Page 5 ease.nlenl (include letter of offer- to Sale or to provide permanent easement with dollar nnlollnt from appropriate party). d. Determine the operating expenses of the spray irrigation system (i.e. materials, utilities, maintenance and operator costs) for the design period. B. If discharge to a flowing stream was found to he environmentally feasible in Section II.C., prepare a cost estimate in accordance with the f0110win(1 guidelines. Be sure to convert all costs to present value :Is described in Section I I1.F. I. Provide detailed cost estimate of installed CI I luCnt lllle ;111d Iaulllp "'ta[i011(S) if applicable (Le. materials and labor) to proposed disch;ii-Lc point. ?. Indicate cost OI c;t,eillents if applicable (i)clude doctlme.nt;uion of offer to provide eaSelllent with dOILU al1lUUllt fl-0111 appropriillc p;U'ty). J. Detei'illine the operating expenses of the \V�VTP (i.e. nl;lteri;ts. utilities, maintenance and operator costs) for design period. D. Cost Comparison Title 15 \ICAC 2H.0105(c)(2) requires that the most environme.nuilly sound wastewater disposal alternatives be selected from the reasonably cost effective options. The three non -discharge alierllatives evaluated in Sectloll II.A. are assumed to be roughly equivalent alternatives where they are found to be environmentally feasible, and preferable to a proposed discharge. Therefore, if a permit applicaint has determined file environmental feasibility of one or more of the non -discharge alternatives, but he claims the alternative(s), compared to a proposed discharge, would be Unreasonably costly, he. must present justification of the claim based on the appropriate cost comparisons as to \vhy the difference - between the costs would be unreasonable. E. Present Value of Costs Costs incurred in different time periods must be converted IU a common time period before they can be acctlralely combined or compared. Pcrl'or-min�LI this calculation is known as "Computng the presellt value," or "dISCOUl1 MU!" the COSTS. PI -went Value is also sometimes called • p:-esent dISCOUnted Value" or "present W01-th". The foliowing standard folnllula for computing the pre.se.nt v;liue 111u:1 he Used in all cost estimates made under this evaluation guidance. 1; CO T Where: PV = Pres�-nt V, Ilue of costs. C() = Cos;, incurred in the present yeiu. Cr = Costs lllcul-red Ill Lillie 1. I = 'I-1111r period aftcl- the present year ( h'_• prescn: -, c:u' 1, t - J ) Page 6 n = Ending year of the life of the facility. r = Discount rate. for these calculatlOtls, use the. rate that is required to be used by all Federal agencies in the formulation and evaluation c-rf water and related land resources plans. The rate is compuicd �Lltnually in ,tccord,tnce with Sec. 80 (a) Public Law 93-25 1 [88 Stat. 341 and I � CFR 70 139, and published in the Federal Register. The current rate (for Fe-deral Flscal year 1989-90) is 8 -/8%. Therefore in the above formula for this year, r = .08875. However, if the costs are the same in every time period from year one through year n (i.e., Ct = C, a constant for I. = 1,2,..., n ), then the formula reCILlceS to: Co + C I (trl) 1 I +r) In this case, the present value may also be looked up in a table containing the present value of annuities (an annuity is a constant amount payable in each year for a certain number of years). Such tables are available from financial institutions. r ... ........ •......_.,.. ... ......... .. .... ..-.... ......::xai!,-t:!::OG%i....!:f:L!itrr.•✓r;q::i�.:G.l•;<i ': ..: .`1 �:;r ._, _ _ .. i "§ 130A-308. Continuingreleases at permitted facilities. Standards adopted under G.S. 130A-294(c) shall require} and a permit issued after November 8, 1984, shall require corrective action for all releases of hazardous waste or constituents from any solid waste management unit at a treatment, storage, or disposal facility seeking a permit under G.S. 130A-294(c), regardless of the time at which waste was placed in such unit. Permits issued under G.S. 130A-294(c) which implement Section 3005 of the Federal Aet RCRA (42 U.S.C. § 6925) shall contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective. action. Notwithstanding any other provision of this section, this section shall apply only to units, facilities, and permits that are covered by Section 3004(u) of RCRA (42 U.S.C. Seeti•err 6924} (u)). Notwithstanding the foregoing, corrective action authorized elsewhere in this Chapter shall not be limited by this section." Sec. 28. G.S. 130A-309 reads as rewritten: "§ 130A-309. Corrective actions beyond facility boundary. Standards adopted under G.S. 130A-294(c) shall require that corrective action be taken beyond the facility boundary where necessary to protect human health and the environment unless the owner or'operator of the facility 'concerned demonstrates to the satisfaction of the Department that, despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such action. Such standards shall take effect upon adoption and shall apply to: (1) All facilities operating under permits issued under 130A-294(c); and (2) Ally;-- disposal facilities surface impoundments, and waste pile units (including any new units, replacements of existing units or lateral expansions of existing units which receive hazardous waste after July 26, 1982. Pending adoption of such rules, the Department shall issue corrective action orders for facilities referred to in (1) and (2), on a case -by -case basis, consistent with the purposes of this section. Notwithstanding any other provision of this section, this section shall apply only to units, facilities. and permits that are covered by Section 3004(v) of t- e Fed ' .^ R C R A (42 U.S.C. 6921(v)). Notwithstanding the foregoing, corrective action authorized elsewhere in this Chapter shall not be limited by this section." — Sec. 29. G.S. 143-215.1 is amended by adding a new subsection to read: g Any person who is required to hold a permit under this section shall submit to the Department a written description of his current and projected plans to reduce the discharge of waste and pollutants under such permit by Source reduction or rLcY ling The written description shall accompany the payment of the annual permit fee The written description shall also accompanv any application for a new permit or for modification of an existing permit under this section The written description required by this subsection shall not be considered part of a permit application and Shall not serve as the basis for the denial of a permit or permit modification." read: Sec. 30. G.S. 143-215.108 is amended by adding a new subsection to "(c) Any person who is required to hold a hermit under this section shall submit to the Department a written description of his current and projected plans to reduce the emission of air contaminants under such permit by source reduction or recycling The written descri ti n 5hall accompany the payment of the annual ermit fee. The written description shall also accompany any application for a new permit or for modification of an existin ermit under this section. The written description North Carolina Dept. of Environment, Health, and Natural Resources' Division of Environmental Management, P.O. Box 29535, Raleigh, NC 27626-0535 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION NUMBER APPLICATION FOR PERMIT DISCHARGE SHORT FORM C-GW Date Received To be filed by persons engaged in groundwater remediation projects. Year. Moth Day (DEM USE ONLY) Do not attempt to complete this form before reading accompanying instructions. (Please print or type) 1. Name, address, location, and telephone number of facility producing discharge A. Name B. Mailing address 1. Street address 2. City 4. ZIP C. Location: 1. Street _ 2. City 4. County _ D. Telephone No E. Nature of business 2. Facility contact A. Name B. Title 3.State 3. State C. Telephone No. () - 3. The application is for ❑a new permit, ❑ Perm it renewal, ❑permit modification. SIC ® (if known). If application is for renewal or modification, please indicate permit number: NC00 4. Product(s) recovered [Diesel fuel, leaded or unleaded fuel, solvents, etc.] This application must also include the following: A) A report of alternatives to surface water discharge as outlined by N.C. Permit and Engineering Unit's "Guidance for Evaluation of Wastewater Disposal Alternatives." [Required by 15A NCAC 2H .0105 (c)]. B) An engineering proposal detailing the remediation project. [Required by 15A NCAC 2H .0105 (c)]. C) A listing of any chemicals found in detectable amounts with the maximum observed concentration reported. The summary of analytical results containing this maximum value should also be submitted (i.e. the listing, not the graphical scan). The most recent sample must be no older than one year previous to the date of this application. For fuel remediation projects, volatile organic compounds should be scanned along with any suspected fuel additives. The following compounds should be included: benzene, toluene, ethylbenzene*, xylene*, lead , methyl tert-butylether (MTBE), dibromoethane (EDB), 1,2-dichloroethane, isopropyl ether, naphthalene, phenol. An EPA approved method capable of detection levels to 1 ppb should be used to detect these compounds For solvents or unidentified products, an EPA Method 624/625 analysis should be provided, with the 10 largest peaks, not identified as one of the targeted compounds and not present in the procedural blank, identified and approximately quantitated. [As per the same guidance stipulated on NCDEM's "Annual Pollutant Analysis Monitoring (APAM) Requirement - Reporting Form A," Revised June 19901. If metals or pesticides are suspected to be present, these should be analyzed to the same detection level as presented in the NC APAM. D) The removal efficiency of each compound detected for the proposed project should be provided, if known. 5. Name of receiving water Attach a USGS topographical map with all discharge points clearly marked. 6. Is potential discharge directly to the receiving water? If not, state specifically the discharge point. Mark clearly the pathway to the potential receiving water on the site map. [This includes tracing the pathway of the storm sewer to its discharge point, if a storm sewer is the only viable means of discharge.] 7. Amount of treated groundwater to be discharged in gallons per operating day: 8. Describe the duration and frequency of the discharge (continuous, intermittent, seasonal) including the months of discharge, number of days per week of discharge, volume treated (monthly average flow in gallons per day). I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. PRINTED Name of Person Signing Title SIGNATURE of Applicant Date Application Signed North Carolina General Statute 143-215.6 (b) (2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $10,000, or by imprison- ment not to exceed six months, or by both. 0 8 U.S.C. Section 1001 provides a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) Short Form C-GW Instructions Completing This Form Please type or print. - If you print, please print legibly. All items on the form must be answered. Incompleteness of the form may result in the return of the application. This form may be submitted for groundwater remediation projects only. This form ,is designed to provide information for one outfall only. Additional copies of this form must be completed for additiorial outfalls. NPDES Application Number For a new application for a permit, the Division of Environmental Management will assign an application number. If the application is for a renewal or modification of an existing permit, the applicant should indicate the permit number on an appropriate cover letter. DEM will fill out the NPDES number and date received on the application. Item 1 Enter the applicant's official or legal name in North Carolina as registered with the Secretary of State. Do not use a colloquial name. Enter the applicant's mailing address consisting of the street or post office box address and the city, state and zip code. The location must be specified by naming the street, road, highway, etc., the nearby town, city or community, its zip code, and the county. Item 2 Give the name, title, and telephone number of a person who is thoroughly familiar with the operation of the facility and with the facts reported in this application and who can be contacted by the reviewing offices if necessary. Item 3 Indicate the reason for the submittal of the application. If known, include the SIC of the facility. Item 4 List the product(s) to be recovered or removed in the remediation project (i.e. leaded gasoline, fuel oil #2, solvents, etc.). Items 4 A) - 4 D) should be included in an engineering report submitted by the facility or its consulting firm. Item 5 Enter the name of the receiving water if the discharge is directly to a surface water. Include a USGS topographical map (photocopy) of pertinent area with the discharge point clearly marked. Please indicate the name of the map used. Item 6 If the discharge is not directly to a surface water, enter the point of discharge (i.e. wet weather ditch to an unnamed tributary of Panther Creek, etc.). Include a USGS topographical map with the discharge pathway clearly marked. Item 7 Enter the maximum design flow capacity expected to be discharged in gallons per operating day. Item 8 Describe the discharge completely. If the discharge is intermittent or seasonal, list the months of discharge and the number of days per week of discharge. If the discharge will be continuous, list "year round - continuous." Enter the monthly average flow in gallons per day. NORTH CAROLINA DEPT: OF NATURAL RESOURCES AND COMMUN'ITY-DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O. BOX•27687,=RALEIGH, NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINATION.SYSTEM APPLICATION FOR PERMIT TO DISCHARGE — SHORT FORM C APPLICATION NUMBER _ FOR AGENCY To be filed only by persons engaged in manufacturing and mining USE DATE RECEIVED YEAR M0. DAY Do not attempt to complete this form before reading accompanying instructions Please print or type 1. Name, address, location, and telephone number of facility producing discharge A. Name B. Mailing address 1. Street address P.O.'BOX 26234 ATTN: HILTON WITHERS 2. City RICHMOND 3. State VIRGINIA 4. County 5. ZIp ?3260 C. Location: 1. Street U.S. HIGHWAY 70 2. City STATESVILLE IREDELL 4. State NORTH CAROLINA 3. County D. Telephone No. .-(704) 872-611 Area-� Code 2. SIC � r= (Leave blank) 3. Number of employees 23 -� If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not required to obtain a discharge ] permit, proceed to item 4. Otherwise proceed directly to item 5. 4. If you meet the condition stated above, check here O and supply the information asked for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible for receiving waste B. Facility receiving waste: 1. Name 2. Street address 3. City 5. State 4. County S. ❑ Princi al ( 6. ZIP p product a raw material Check one) NOT APPLICABLE '6. Principal process GROUND WATER RECOVERY AND :DISCHARGE (SEE ATTACHED) 7. Maximum amount of principal product produced or raw material consumed per P (Check one) Amount - - Basis 1-99 100-199 200-499 500-999 1000- 5000- 10,000- 50,000 4999 9999 49..999 or more (1) (2) (3) (4) A. ()ay (5) (6) (7) (B) B. Month C. Year PREVIOUS EDITION MAY BE USED UNTIL SUPPLY 15 EXHAUSTED. c = LAW ENVIRONMENTAL, INC. 4333 WILMONT ROAD, SUITE 300 CHARLOTTE, NORTH CAROLINA 28217 P.O. BOX 240674 December 31, 1991 CHARLOTTE, NORTH CAROLINA 28224-0674 704-357-1747 l`q-357-1622 (FAX) Director Division of Environmental Management P.O. Box 27687 Raleigh, North Carolina 27611 Subject: Short Form C - Application for Permit to Discharge National Pollutant Discharge Elimination System Southern States Fertilizer Plant Statesville, North Carolina -LEI Job No. 56-1570.92 Gentlemen: On behalf of our client, Southern States Cooperative, Inc., Law Environmental Inc. and Canonie Environmental Services Corporation herewith submit Short Form C - Application for Permit to Discharge. A brief explanation of the Southern States project follows. INTRODUCTION The ground water underlying the Southern States Fertilizer Plant in Statesville, North Carolina is impacted with nitrates. Southern States Cooperative, through its consultants, Law Environmental, Inc. and Canonie Environmental Services Corp., is in the process of preparing a formal Corrective Action Plan (CAP) which will be submitted to the North Carolina Department of Environment, Health and Natural Resources (NCDEHNR) for approval. The CAP will propose the installation of ground water pumping wells and the discharging of the extracted water into Third and/or Fourth Creek. This document constitutes the application for a National Pollution Discharge Elimination System (NDDES) permit to discharge ground water impacted with nitrates into Third and/or Fourth Creek. Discharge limitations are requested for two potential discharge locations. In addition to the attached NDPES application form, this document provides background information regarding the site and the approach to be presented in the CAP. The CAP will be finalized and submitted to the NCDEHNR for approval upon receipt of the NPDES permit. Upon approval of the CAP by the NCDEHNR, a construction permit application will be prepared and submitted to NCDEHNR for approval. �v �_ Printed on Recycled Paper k.o C� Division of Environmental Management December 31, 1991 Page 2 SITE BACKGROUND INFORMATION The Southern -States Fertilizer Plant is located on U.S. Highway 70 approximately six miles east of Statesville; North Carolina. The facility was constructed in the 1950s. Southern States purchased the plant from W. R. Grace & Co. in February 1988. The manufacturing facility is currently self-contained; process water is recirculated within the plant without exterior discharge. This is possible because air scrubbers are used to reduce stack emissions. The scrubbers . use a "wet" system, and the scrubber water is consumed in the granulation process. Prior to changes in scrubber design approximately 10 years ago, process water was discharged from time to time. Drainage was to the former ponds located approximately 1,000 feet southwest of the plant. Modifications to plant processes have been implemented over the past several years, and waste products appear to be appropriately contained within the manufacturing facility. A spill control review was conducted by Law Environmental in February 1990. The report concluded that the plant possessed adequate spill containment facilities, and the likelihood of a significant spill appeared to be low. On December 12, 1989, the NCDEHNR issued a Notice of Violation for the site. The notice stated that excessive concentrations of nitrate and/or nitrite (expressed as nitrogen) had been discovered in two NCDEHNR wells at the site. Combined nitrate/nitrite as nitrogen concentrations were greater than the threshold value of 11 mg/1 set forth in Title 15, Subchapter 2L, Section .0202(g) of the North Carolina Administrative Code (15A NCAC 2L). The notice required submission of specific technical and field data documenting the ground water conditions. On January 19; 1990, representatives of Southern States and Law Environmental met with Messrs. Jesse Wells and Jeff Lauber at the NCDEHNR Mooresville office. All parties agreed that Law Environmental would construct six ground water monitoring wells at the site. Two of the monitoring wells would be extended to bedrock (defined as auger refusal), and four would be shallow monitoring wells intended to address the lateral extent of nitrogen content. This initial well installation work was conducted during the period of January 30 through February 7, 1990. A response to the December 12, 1989 Notice of Violation was presented in Law Environmental's "Phase I Ground -Water Assessment Report" dated March 29, 1990. Additional ground water assessment (Phase II) was recommended. Division of Environmental Management December 31, 1991 Page 3 The Phase H ground water assessment activities were completed and a "Phase H Ground -Water Assessment Report" was submitted to NCDEHNR on September 25, 1990. Analytical results from Phase II analyses indicated that subsurface nitrate/nitrite concentrations had migrated along a path following surface drainage features. In addition, the holding ponds on -site appeared to have been the source of the impact on ground water at the site. At the time of the Phase II report submittal, neither the horizontal nor vertical extent of nitrate/nitrite impact had been defined. After submission of the Phase H report, permission to drill off -site to the east of the plant was obtained from the owner of the adjacent property. An off -site monitoring well was installed and sampled, and the ground water was analyzed for nitrate and nitrite concentrations. The results of the laboratory. analysis of the ground water indicated a nitrate/nitrite level significantly below the NCDEHNR threshold value. These results were submitted to NCDEHNR on November 19, 1990. On December 12, 1990, NCDEHNR issued a letter to Southern States requesting additional (Phase III) site assessment. The letter requested that a deep monitoring well be installed and that a well survey of surrounding property be conducted. On April 16, 1991, Law Environmental issued a Phase III -A assessment report describing well installation and sampling activities conducted at the site. The NCDEHNR responded on May 149 1991 with a letter stating that site assessment was approved. The NCDEHNR letter required submission of a CAP within 60 days, as well as installation of one additional monitoring well south of the property. On June 26, 1991, representatives of Southern States met with Ms. Barbara Christian and Ms. Christine DeRoller of NCDEHNR. At the meeting, NCDEHNR agreed to grant a 45-day extension of the submittal date. The NCDEHNR also agreed that the submittal should present a work plan outlining the steps necessary for the preparation and submittal of a CAP. On August 30, 1991, the CAP work plan was submitted to NCDEHNR. The work plan identified specific tasks necessary for the completion of the CAP, along with a schedule for completion. The tasks included completion of an aquifer pump test and development of a hydraulic control and ground water treatment and/or disposal strategy. On October 9, 1991, NCDEHNR issued a letter to Southern States proposing a Special Order of Consent (SOC) which contained proposed terms under which the CAP preparation and submittal were to proceed. These terms included the identification of specific tasks, along with due dates and associated penalties. On October 31, 1991, representatives of Southern States met with Ms. Barbara Christian and Ms. Christine DeRoller of NCDEHNR to discuss the terms of the SOC. In the meeting, it was agreed that Southern States would initiate the NPDES permit 10 Division of Environmental Management December 31, 1991 Page 4 application process prior to completion and submittal of the CAP, and no later than January 2, 1992. This approach should facilitate assessment of the practicality of the CAP from) -'an NPDES permit standpoint prior to the submittal of the CAP. This approach should " minimize NPDES permit related delays in starting site remediation once the CAP has been*proved. CORRECTIVE ACTION PLAN The corrective action plan, the details of which are currently under development, is based on pumping impacted ground water from the site and discharging the extracted ground water into Third and/or Fourth Creek. It will be necessary to procure easements and install a pipeline from the site to the discharge point(s). The exact location of the discharge point(s) and the pipeline route have yet to be determined. Preliminary discharge points are shown on the enclosed map. Discharge limitations are requested for both discharge points (Third Creek and Fourth Creek). This will provide Southern States with the maximum amount of flexibility in negotiating easements with the local land owners. In addition, it may be necessary to split the flow and discharge into both streams if neither stream can accept the entire load individually. The total flow rate of extracted ground water from the site is not expected to exceed 100 gallons per minute. Initial nitrate/nitrite concentrations are expected to be approximately 140 mg/liter (as nitrogen). Concentrations are expected to decrease with time from the initial values. On December 26, 1991, water samples were collected from Third and Fourth Creeks. The samples were sent to Law Environmental National Laboratories and analyzed for nitrate and nitrite (as nitrogen). The concentration of nitrate (as nitrogen) in the sample from Third* Creek was 0.61 mg/l. Nitrate concentrations (as nitrogen) were found to vary from 0.72 to 2.7 mg/l in the Fourth Creek samples taken upstream and downstream of the Fourth Creek Sewage Treatment Plant, respectively. Nitrite was not detected in any of the samples above the 0.05 mg/l detection limits. Based on the observed flow rates in Third and Fourth Creeks, and the low nitrate/nitrite (as nitrogen) concentrations identified by recent sampling, it appears that either stream could accommodate the proposed effluent. Division of Environmental Management December 31, 1991 Page 5 Should you have any questions or require additional information, please contact Mr. Thomas Beggs with Law Environmental at (704) 357-1747. Sincerely, LAW ENVIRONMENTAL, INC. P 'j, J'4- P. Greg Garrett Staff Engineer Thomas F. Beggs, P.E. Principal attachments cc: Ms. Christine DeRoller NCDEHNR Mooresville Office op In Non FOUR S AGE _: •'�"�"—. ,,—� � �,' m �--t / /� THE _ - �-�. �/. • i , I S TIL R'pLANi: 00 Lu LU '1` ':i - fir\ � '�����IIi Jr�1 lil�,\) �- ,'�� / � \\ �i �,• ,�\ ci ��'. --_� `:_-��✓ ; ;. ~ //\ � - - / ' i � i '�� -m i O `��. . _ s� � , ICI: .n sou 0 1000 EXPLANATION LAW ENVIRONMENTAL, INC. APPROX. SCALE, FT. PROPERTY BOUNDARY CHARLOTTE, NORTH CAROLINA ® PROPOSED NPDES DISCHARGE POINT PROPOSED NPDES DISCHARGE LOCATIONS SOUTHERN STATES FERTILIZER PLANT STATESVILLE, NORTH CAROLINA REF.: 1969 U.S.G.S. 7.5 MIN. TOPOGRAPHIC MAPS: STATESVILLE EAST, AND SHEPHERDS, NORTH CAROLINA NOTE: ALL LOCATIONS ARE APPROXIMATE. JOB NO- 56-1570 FIGURE 1 NORTH CAROLINA DEPTi OF NATURAL.RESOURCES AND .COMMUN'tTY-DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT, P.O.- BOX-27687;=RALEIGH, NC 27611 NATIONAL POLLUTANT DISCHARGE ELIMINATION.SYSTEM APPLICATION -FOR PERMIT TO DISCHARGE - SHORT_ j tM1D9PT- of NATUR'AL APPLICATION NUMBER RESOURCES- Al"ll COMMUNITY DES USE DATE RECEIVED To be filed only by persons engaged in manufacturing and mining 31992 L YEAR MO. DAY 1 !ilk "NuffiMEan WNGEM03 Do not attempt to complete this form before reading accompaqo0i.. �F� Please print or type 1.Name, address, location, and telephone number of facility producing discharge A. Name 20ITTHERNT B. Mailing address 1. Street address P.O. 'BOX 26234 ATTN: HILTON WITHERS 2. City RICHMOND VIRGINIA 3. State 4. County 5. ZIP __ 21260 C. Location: 1. Street U.S. HIGHWAY 70 2. City STATESVILLE 3. County IREDELL 4. State NORTH CAROLINA D. Telephone No. (704) 872-6361 Area Code 2. S I C (Leave blank) 3. Number of employees 23 If all your waste is discharged into a publicly owned waste treatment facility and to the best of your knowledge you are not required to obtain a discharge permit, proceed to item 4. Otherwise proceed directly to item 5. 4. If you meet the condition stated above, check here p and supply the information asked. for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A. Name of organization responsible for receiving waste B. Facility receiving waste: 1. Name 2. Street address 3. City 4. County 5. State 6. ZIP S. o Principal product, o raw material (Check one) NOT APPLICABLE' '6. Principal process GROUND WATER RECOVERY AND DISCHARGE (SEE ATTACHED) 7. Maximum amount of principal product produced or raw material consumed per (Check one) Amount - Basis 1-99 100-199 200-499 500-999 1000- 5000- 10,000- 5:m2or 4999 9999 49.999 o(2) (3) (4) (5) (6) (7)A. Day A6- - B. Month C. Year PREVIOUS EDITION MAY BE USED UNTIL SUPPLY IS EXHAUSTED fl, If, IL m mm�uril'uf'prinr.lpal Irr'nrlurl. jrr4drrrr•11 nr-=rnw mnfr•rI., rrrn•.unrr•rl,"rr•Inrrlr•rl In itrm '/,'above•, 15"measured in:'(UicLk' une): _ A.0 pounds B.0 tons C.0 barrels D.O bushel s E. o square feet.- - F.O gallons G.D pieces or units H,tgother, specify 9. (a) Check here if discharge occurs all year IN , or . (b) Check the months) discharge occurs: 1.0 January 2.0 February 3. 0 Marcn 4.0 Apri 1 5.0 May 6.0 June 7.0 July 8.0 August 9.0 Septemher 10.0 October 11.0 November (c) Check how man days 12.0 December Y Y Per week: l,D 1 2,0 2-3 3.0 4-5 4.0 6-7 10. Types of waste water discharged to surface waters only (check as applicable) F low, gallons per operating day Volume treated before Discharge per discharging (percent) operating day 0.1-999 1000-4999 5000-9999 10,000- 50,000- None 0.1- 49,999 or more 30- 65- 95- (1) (2) 29.9 64.9 94,9 100 (3) (4) (5) (6) (7) (8) (9) (10) A. Sanitary, daily average B. Cooling water, etc. daily average C•XxXXGrou Water daily average X X D=Maximum rat - al t es) X 11. If anv cf the three types of waste identified in item 10.eithertreated or untreated, are discharged to places other than surface water,., check below as applicable. Average flow, gallons per operating day Waste water is discharged to: 0.1-999 1000-4999 5000-9999 10,000-49,999 50,000 or more (1) (2) (3) (4) (5) A. Municipal sewer system B. Underground well C. Septic tank D. Evaporation lagoon or pond E. Otner•, specify 12. Number of separate discharge points: A.❑ 1 B.102-3 C.O 4-5 D.O 6 or more 13. Name of receiving water or waters THTRD GR K AT,11)/OR F[7iiRTTi (RFFv (SRF, ATTAl+_ _-_ 14. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium, chromium, copper, lead, mercury, nickel, selenium, zinc, phenols, oil and grease, and chlorine (residual). A.0 yes B,Cd no I certify that 1 am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. HILTON WITHERS MANAGER/ENVIRONM Printed Name of Person Signing ENTAL AFFAIRS Datrf Application Signed_ North Carolina G„- Signature of Applicant eneral Statute 143-215.6(b)(2provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commissic implementing that Article, shall be guilty of a misdemeanor pumishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provid a punishment by a fine of not more than $10,000 or imprisonment not more than 5 vFAr- for a similar offencp_) State 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 William W. Cobey, Jr., Secretary Mr. Hilton M. Withers, Manager Environmental Affairs Southern States Cooperative, Incorporated Post Office Box 26234 Richmond, Virginia 23260 Dear Mr. Withers: George T. Everett, Ph.D August 5, 1991 Director N. C. DEPTIL4- NA 1111iAi, AND 6 1991 DIVISiay n� .. '. ,,;�Il.?SE"iEPdT Subject: Permit No. WQ0004556 Amendment Southern States Cooperative, Inc. Southern States Fertilizer Plant Wastewater Spray Irrigation ; Iredell County AlllAell� In accordance with your application received December 21, 1 90, and the request for amendment received July 15, 1991, we are forwarding herewith Permit No. WQ0004556, as amended, dated August 5, 1991, to Southern States Cooperative, Incorporated for operation of the subject spray irrigation system. This is for the one-time operation of this system to empty two (2) holding lagoons. This permit amendment consists of changing the application rate to an average of 1.0 inches/week. This permit shall be effective from the date of issuance until May 31, 1992, and shall hereby void Permit No. WQ0004556 issued June 13, 1991, 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 One set of approved plans and specifications was previously forwarded to you. If you need additional information concerning this matter, please contact Ms. Angela Y. Griffin at 919/ 733-5083. nicer , George T. Everett cc: Iredell-County Health Department ooresvi�lle-l�egior�ai Office; Groundwater Section Training and Certification Unit Law Environmental, Inc. Facility Assessment Unit NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL REWW,�2,;, F&I NATURAL RESCU ^E9 AND RALEIGH coa:NIUNE-Y _ E"' , OPMENT SPRAY IRRIGATION SYSTEM PERMIT ;ch`;z 19 91 SI;;h 'I'i !i,::: .._.,T:,L r,`: U� GEMEPNF MOO li%ES I' l[ OFFICE 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 Southern States Cooperative, Inc. Iredell County Qe ' l construction and operation of a spray irrigation system which consists of discharging approximately 2.5 million gallons of industrial wastewater from two holding ponds onto two (2) 230 foot diameter spray fields and three (3) 372 foot diameter spray fields with all necessary appurtenances to serve Southern States Fertilizer Plant with no .discharge of wastes to the surface waters, pursuant to the application received December 12, 1990, and the request for amendment received July 15, 1991, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until May 31, 1992, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. Upon completion of construction and prior to operation of this permitted facility, a certification must be received from a professional engineer certifying that the permitted facility has 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. 2. The Mooresville Regional Office, phone no. (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. The spray irrigation facilities shall be effectively maintained and operated at all times so that there is no discharge to the surface waters, nor any contamination of ground waters which will render them unsatisfactory for normal use. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions or failure of the irrigation area to adequately absorb the wastewater, the Permittee shall take such immediate corrective action to correct the problem, including actions as may be required by the Division of Environmental Management. 4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting from the operation of this facility. 5. The 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. 6. Diversion or bypassing of the untreated wastewater from the treatment facilities is prohibited. 7. The following buffers shall be maintained: a) 400 feet between wetted area and any residence under separate ownership, b) 150 feet between wetted area and property lines, c) 100 feet between wetted area and wells, d) 100 feet between wetted area and drainageways or surface water bodies, e) 50 feet between wetted area and public right of ways, f) 100 feet between wastewater treatment units and wells, g) 50 feet between wastewater treatment units and property lines. 8. 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) hours per 1,000 gallons of tank capacity. The engineer's certification will serve as proof of compliance with this condition. II. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. 2. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to the classification assigned to the wastewater treatment facilities by the Certification Commission. Once the facility is classified, the Permittee must submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 3. A suitable vegetative cover of fescue grass and forested trees shall be maintained. 4. Irrigation shall not be performed during inclement weather or when the ground is in a condition that will cause runoff. 5. Adequate measures shall be taken to prevent wastewater runoff from the spray field. 6. 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. 7. The application rate shall not exceed: a) 0.25 inches/hr and b) an average of 1.0 inch/week and c) 0.62 GPD/ft2• 8. No type of wastewater other than that from the Southern States Fertilizer Plant shall be sprayed onto the irrigation area. 2 9. No traffic or equipment shall be allowed on the disposal area except while installation occurs or while normal maintenance is being performed. 10. Public access to the land application sites shall be controlled during active site use. Such controls may include the posting of signs showing the activities being conducted at each site. III. MONITORING AND REPORTING REQUIREMENTS 1. Any monitoring (including groundwater, surface water, soil or plant tissue analyses) 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. Adequate records shall be maintained by the Permittee tracking -the amount of wastewater disposed. These records shall include, but are not necessarily limited to the following information: a) date of irrigation, b) volume of wastewater irrigated, c) field irrigated, d) length of time field is irrigated, e) continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for each field, f) weather conditions, and g) maintenance of cover crops. 3. The effluent from the subject facilities shall be monitored by the Permittee at the point prior to irrigation every July, August and September for the following parameters: COD TSS pH Calcium NH3 as N Sodium Magnesium Sodium Adsorption Ratio by Calculation 4. Three copies of all operation and disposal records (as specified in condition I1I 2) and all effluent monitoring data (as specified in condition III 3) and any other data as may be required shall be submitted on or before the last day of the following month to the following address: NC Division of Environmental Management Water Quality Section Facility Assessment Unit PO Box 29535 Raleigh, NC 27626-0535 5. Noncompliance Notification: The Permittee shall report by telephone to the Mooresville Regional Office, telephone no. (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: 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 sludge digester; 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 has gone out of 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. IV. GROUNDWATER REQUIREMENTS 1. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 2. Effluent monitoring prior to irrigation shall be conducted for TKN, nitrates nitrogen, and ammonia nitrogen. Plant Available Nitrogen (PAN) should be determined and loading rates adjusted accordingly. 3. The permittee shall notify the Mooresville Regional Supervisor at the conclusion of all closure activities, including land application of the sediment/sludge. 4. The Compliance Boundary for the disposal system is specified by regulations in 15 NCAC 2L, Classifications and Water Quality Standards applicable to the groundwater of North Carolina. An exceedance of Groundwater Quality Standards beyond the Compliance Boundary is subject to penalty provisions applicable under General Statute 143-215.6(1)a. The sale of property, by the Permittee, which is within or contiguous to the disposal system site may alter location of the Compliance Boundary. For facilities permitted on or after December 30, 1983, the Compliance Boundary is established at the lesser of 250 feet from the wetted area, or 50 feet within the property boundary. If the title to any property which may affect the location of the Compliance Boundary is changed, the permittee shall notify the Division Director within 14 days. The Director shall then establish a modified Compliance Boundary which will be done as a modification to the Permit. rd The REVIEW BOUNDARY for the disposal system is specified by regulations in 15 NCAC 2L, Groundwater Classifications and Standards. A REVIEW BOUNDARY is established around disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area. When the concentration of any substance equals or exceeds the maximum allowable concentration of that substance at the REVIEW BOUNDARY, as determined by monitoring, the permittee shall either (i) demonstrate, through predictive calculations or modeling, that natural site conditions, facility design and operational controls will prevent a violation of standards at the Compliance Boundary; or, (ii) submit a plan for the alteration of existing site conditions, facility design or operational controls that will prevent a violation of standards at the Compliance Boundary, and implement that plan upon its approval by the Director. V . INSPECTIONS 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 wastewater treatment and disposal 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. V I. GENERAL CONDITIONS 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. 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. 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 143-215.6. 5 5. 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. 6. Prior to any transfer of this land, a notice shall be given to the new owner that gives full details of the materials applied at this site. 7. A set of approved plans and specifications for the subject project must be retained by the Permittee for the life of the project. 8. The annual administering and compliance fee must be paid by the Permittee within thirty 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). 9. The Permittee shall conduct a soil assessment of both lagoons after the lagoons have been dewatered to determine if contamination exists below the bottom layer of the lagoons. The Permittee shall conduct those methods necessary to determine if contamination exists and to determine if the soils are classified as hazardous by a full TCLP analysis. 10. The Permittee shall conduct a full TCLP analysis of the sludge and of the soil located in each of the two lagoons to determine if these materials are hazardous or non -hazardous. 11. Upon completing the testing requirements of Conditions VI-10 and VI-11, the Permittee shall submit the results to the Water Quality Supervisor Division of Environmental Management Mooresville Regional Office 919 North Main Street Mooresville, North Carolina 28115. 12. Upon completing the testing requirements of Conditions VI-9 and VI-10, the Permittee shall submit the method for the disposal of the sludge to the Mooresville Regional Water Quality Supervisor for approval. 13. The Permittee shall not dispose of any sludge prior to receiving written approval from the Mooresville Regional Water Quality Supervisor. 14. Upon completion, written notice stating that irrigation activities have been completed along with a formal request for suspension of this permit shall be submitted to the Division of Environmental Management. Permit issued this the 5th day of August, 1991 CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION George T. Evere , Dfrect Division of Env' onmenta)on6intal agement By Authority of Management Commission Permit Number WQ0004556 Amendment ,:0 Permit No. WQ0004556 Amendment August 5, 1991 Engineer's Certification I, , 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 project, for the Project Name Location 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 7 Registration N MEMO DATE: TO: l \rx- Ile s SUBJECT: C or =ec �d W PCs Gbi L \ �✓� � �'�l r KGL r� t� f GG%U � (G� i` ,?c`C c cs 7 4, U r es ill- Cu p- / p Sen02 �G C, ✓ /2 G' � �i I �n l� l r .n G�Gr .✓i .P / •� is v-�' o �'lr vies CE) 1 C7 C t� .,' n �L�4 S C 'J -2 C .. -l-7 CCC_G ✓ iG'• GIGS 46_ ( ^� c='U 7� /1DG��✓� r /IC( �P /S �- S � G'l .Z� r L / i��% From: � � STATE Q North Carolina Department of Environment Health and Natural Resources 7oD """„"'°a• .r` i Va Printed on Fecyc:.'d Paper LAW ENVIRONMENTAL, INC. 4333 WILMONT ROAD, SUITE 300 CHARLOTTE, NORTH CAROLINA 28217 P.O. BOX 240674 CHARLOTTE, NORTH CAROLINA 28224-0674 704-357-1747 704-357-1622 (FAX) ' October 1, 1991 N. C. DEPT. OF NATURAL P'E3OURCES AND I - n Water Quality Supervisor fah.NZU7111 e Y DE✓%g.€3� ATENT Division of Environmental Management, 7 . Mooresville Regional Office 919 North Main Street Mooresville North Carolina 28115 ULOFFICE I Subject: Submittal of Laboratory Analyses and Request for Earthwork Authorization Pond -Bottom Soil and Sediments Spray Irrigation System Permit No. WQ0004556 Southern States Cooperative, Inc. Southern States Fertilizer Plant Statesville, Iredell County, North Carolina LEI Job No. 56-9606.70 Gentlemen: In accordance with Section VI: GENERAL CONDITIONS of Spray Irrigation Permit No. WQ0004556 issued June 13, 1991 (amended August 5, 1991), Law Environmental hereby submits the results of laboratory analyses of soil and sediment samples from the subject project. The purpose of the analyses was to verify that the soil and sediments were non -hazardous. This report briefly outlines the field sampling procedures and laboratory results. Also, authorization is requested from the NCDEHNR to place fill soil over the former pond -bottom sediments. PROJECT BACKGROUND I On June 13, 1991, the State of North Carolina Department of Environment, Health and Natural Resources (NCDEHNR) issued a non -discharge spray irrigation permit to Southern States Cooperative, Inc. The permit authorized on -site disposal of approximately 2.5 million gallons Iof water from the two former holding ponds. Iukj:9606xFB.T70 1 1�9 Printed on Recycled Paper Water Quality Supervisor, Mooresville Regional Office October 1, 1991 Page 2 Section VI: GENERAL CONDITIONS of the permit included the following requirements: 9. The Permittee shall conduct a soil assessment of both lagoons after the lagoons have been dewatered to determine if contamination exists below the bottom layer of the lagoons. The Permittee shall conduct those methods necessary to determine if contamination exists and to determine if the soils are classified as hazardous by a full TCLP analysis. 10. The Permittee shall conduct a full TCLP analysis of the sludge and of the soil located in each of the two lagoons to determine if these materials are hazardous or non -hazardous. 11. Upon completing the testing requirements of Conditions VI-9 and VI-10, the Permittee shall submit the results to the Mooresville Regional Office, Water Quality Supervisor. 12. Upon completing the testing requirements of Conditions VI-9 and VI-10, the Permittee shall submit the method for the disposal of the sludge to the Mooresville Regional Water Quality Supervisor for approval. 13. The Permittee shall not dispose of any sludge prior to receiving written approval from the Mooresville Regional Water Quality Supervisor. Spray irrigation of the pond water was initiated on July 11, 1991 and concluded on August 27, 1991. Monitoring records maintained by Law Environmental indicated that a total of approximately 2.1 million gallons were disposed. On August 20, 1991, Mr. Thomas Beggs of Law Environmental contacted Mr. Jack Floyd at the NCDEHNR Raleigh Office. Mr. Floyd indicated that the sediment (sludge) Emples should be gathered from a location near the center of each pond. Each sample should be representative of the center of the sediment thickness at the sample location. Mr. Floyd further stated that the soil samples should be gathered from the same locations at depths of 12 inches below the bottom of the sediment layer. Water Quality Supervisor, Mooresville Regional Office October 1, 1991 Page 3 FIELD SAMPLING On August 23, 1991, Law Environmental visited the site to obtain the required samples. The water levels had been drawn down prior to our visit to allow sampling near the center of each pond. The approximate sampling locations are shown on the attached Figure 1. A manually advanced steel auger was used to obtain the samples, and the auger was thoroughly cleaned between each sampling event. The samples were then placed in appropriate containers for iced overnight shipment to Law Environmental National Laboratories in Kennesaw, Georgia. Chain -of -custody documentation was used to provide a written record tracing the possession and handling of the samples from the time of collection through laboratory analysis and final recording of the results. Laboratory analysis and a copy of the chain -of -custody are attached. RESULTS OF CHEMICAL ANALYSES Full TCLP analyses were conducted on the samples as required. The results are summarized on the attached laboratory data sheets. Please note that the sediment samples from each pond are identified by the matrix designation "NA", while the soil samples from below the sediments at each pond have the matrix designation "SO". DATA ANALYSIS AND INTERPRETATION None of the analyzed parameters was detected (above the laboratory detection limits) in the sediment sample from Pond No. 1. Very low concentrations of Barium and/or gamma-BHC (Lindane) were detected in the other samples. The Barium concentrations ranged from 0.2 mg/1 in the sediment sample from Pond No. 2 to 0.6 mg/1 in the soil sample from Pond No. 2. The gamma-BHC (Lindane) concentration was 0.10 ug/l in the soil sample from Pond No. 1. ukj:9&MM.770 Water Quality Supervisor, Mooresville Regional Office October 1, 1991 Page 4 CONCLUSION Laboratory analyses of soil and sediment samples from the ponds have verified that the materials are non -hazardous. On behalf of Southern States Cooperative, Inc., Law Environmental hereby requests authorization from the NCDEHNR to close the ponds. Closure will be accomplished by excavating soil from the former dams at each pond and spreading the soil over the sediment layer. A drainage swale will then be created through the area, and the sediments will be covered by up to six feet of fill soil at some locations. For a detailed description of the planned earthwork associated with this project, please refer to the Erosion/Sediment Control Plan submitted to the NCDEHNR Land Quality Section on September 5, 1991. Law Environmental appreciates the opportunity to submit the attached laboratory data, and we look forward to receiving written authorization from the NCDEHNR for the planned earthwork. If there are any questions regarding this project, please do not hesitate to contact us. Sincerely, LAW ENVIRONMENTAL, INC. Arw�g' 4LIlak Bernard B. Schumak, P.G. Senior Hydrogeologist Thomas F. Beggs, P.E. Principal attachment cc: Southern States Cooperative, Inc. Richmond, Virginia tkj:9606zFB.T70 x� tA3 MAIN PLANT x 97i, N xe .. xw s x nut x x x• 1 FISH POND x r"000", POND NO. 1 0 A POND NO. 2 K x EXPLANATION 0 SAMPLE LOCATION f X~ 50 100 mmmm00 APPROX. SCALE, FT. E PLAN PREPARED BY JILA MONT AERIAL SURVEYS, 1981. LAW ENVIRONMENTAL, INC. CHARLOTTE, NORTH CAROLINA POND BOTTOM SOIL / SEDIMENT SAMPLING LOCATIONS SOUTHERN STATES FERTILIZER PLANT STATESVILLE, NORTH CAROLINA JOB NO. 56-9606 FIGURE 1 c LAW ENVIRONMENTAL, INC. 112 TOWNPARK DRIVE KENNESAW, GEORGIA 30144-5599 404-421-3400 September 18, 1991 Law Environmental, Inc. LakePoint Office Park 4333 Wilmont Road, Suite 300 Charlotte, NC. 28217 Attention: Tom Beggs LE Job Number: 56-9606-70 Subject: Chemical analysis of samples received on 08/24/91. Dear Mr. Beggs: Law Environmental National Laboratories has completed its analysis of your samples and reports the results on the following pages. These results relate only to the contents of the samples as submitted. This report shall not be reproduced except in full without the approval of Law Environmental National Laboratories. If there are any questions, please do not hesitate to contact us. Sincerely, LAW ENVIRONMENTAL NATL LABS Q" 4 RAL- Clifford . McBri e QC/Coordinator Attachment: Data Report Invoice LAW ENVIRONMENTAL NATIONAL LABORATORIES TEST DATA REPORT ate 09/17/91 Page 1 ' --- Project Information --- Lab Number : 91-9704-01 Project No. : 56-9606 T70 Cust. No. : ' Project Name : SOUTHERN STATES FERTILIZER Manager: TOM BEGGS --- Sample Information --- ' Station ID : POND NO. 1 Sampled Date/Time : 08/23/91 10:30 Matrix : NA Received Date/Time : 08/24/91 12:20 Type : GRAB Received From/By : TFB/SE Collector : TFB Chain of Custody : 5936 ' Number of Containers : 3 1 Remarks : --- Test Data --- arameter .............................. Method.... Units PQL....... Results... Test Date Analy METALS ANALYSIS - METALS PREP RESULTS -- rsenic, TCLP EPA 6010 mg/l 0.5 ND 09/16/91 DF arium, TCLP EPA 6010 mg/l 0.1 ND 09/13/91 DCE admium, TCLP EPA 6010 mg/l 0.1 ND 09/16/91 DF romium, TCLP EPA 6010 mg/1 0.1 ND 09/16/91 DF ead, TCLP EPA 6010 mg/1 0.1 ND 09/16/91 DF rcury, TCLP EPA 7470 mg/l 0.0005 ND 09/06/91 HH lenium, TCLP EPA 6010 mg/1 0.5 ND 09/16/91 DF Silver, TCLP EPA 6010 mg/l 0.1 ND 09/16/91 DF - SERIES 35000 tal Metals Prep: Aqueous ICP EPA 3010 N/A 09/03/91 HH tal Metals Prep: Aqueous, Hg EPA 7470 N/A 09/05/91 HH LP EXTRACTION I-xt/Base EPA 1311 N/A 08/29/91 HH ORGANIC PREP RESULTS -- LP Extraction EPA 1311 N/A 08/28/91 CSH t/Acid/Leachate 3510/8270 N/A 08/30/91 JSB Neutral/Leachate 3510/8270 N/A 08/30/91 JSB 'Ext/Herbicides/Leachate EPA 8150 N/A 09/03/91 JSB Ft/Pest/Leachate 3510/8080 N/A 09/03/91 CH -- GC ORGANIC ANALYSIS RESULTS -- a-BHC (Lindane), TCLP EPA 8080 ug/l 0.05 ND 09/04/91 BH Hptachlor, TCLP EPA 8080 ug/l 0.05 ND 09/04/91 BH Heptachlor epoxide, TCLP EPA 8080 ug/l 0.05 ND 09/04/91 BH TCLP EPA 8080 ug/1 0.10 ND 09/04/91 BH Fdrin, thoxychlor, TCLP EPA 8080 ug/1 0.50 ND 09/04/91 BH oxaphene, TCLP EPA 8080 ug/l 2.0 ND 09/04/91 BH 1 1 Signed//� LAW ENVIRONMENTAL NATIONAL LABORATORIES TEST DATA REPORT 'bate 09/17/91 Page 2 ILab Number : 91-9704-01 Project No. : 56-9606 T70 --- Test Data --- arameter .............................. �_ Method.... Units GC ORGANIC ANALYSIS RESULTS -- Chlordane, TCLP EPA 8080 ug/l I-- SERIES 57000 2,4,5-TP (Silvex), TCLP EPA 8150 ug/l �,4-D, TCLP EPA 8150 ug/1 -- GC/MS ORGANIC ANALYSIS (A) RESULTS -- 2-Methylphenol, TCLP EPA 8270 ug/l t-Methylphenol, TCLP EPA 8270 ug/l ,4,6-Trichlorophenol, TCLP EPA 8270 ug/l 2,4,5-Trichlorophenol, TCLP EPA 8270 ug/l entachlorophenol, TCLP EPA 8270 ug/l -Methylphenol, TCLP EPA 8270 ug/l Hexachloroethane, TCLP EPA 8270 ug/l TCLP EPA 8270 ug/l (itrobenzene, exachlorobutadiene, TCLP EPA 8270 ug/l ,4-Dinitrotoluene, TCLP EPA 8270 ug/l Hexachlorobenzene, TCLP EPA 8270 ug/l �yridine, TCLP EPA 8270 ug/1 -- GC/MS ORGANIC ANALYSIS (S) RESULTS -- �xt/Zero Headspace, TCLP EPA 1311 -- Ext/Zero Headspace, TCLP RESULTS -- inyl chloride, TCLP EPA 8240 ug/l ,1-Dichloroethene, TCLP EPA 8240 ug/l hloroform, TCLP EPA 8240 ug/l ,2-Dichloroethane, TCLP EPA 8240 ug/l -Butanone (MEK), TCLP EPA 8240 ug/l arbon tetrachloride, TCLP EPA 8240 ug/1 richloroethene, TCLP EPA 8240 ug/1 enzene, TCLP EPA 8240 ug/l etrachloroethene, TCLP EPA 8240 ug/l Chlorobenzene, TCLP EPA 8240 ug/l 114-Dichlorobenzene, TCLP EPA 8240 ug/l PQL....... Results... Test Date Analy 0.5 ND 09/04/91 BH 0.10 ND 09/05/91 BH 0.20 ND 09/05/91 BH 10 ND 09/06/91 ZG 10 ND 09/06/91 ZG 10 ND 09/06/91 ZG 10 ND 09/06/91 ZG 50 ND 09/06/91 ZG 10 ND 09/06/91 ZG 10 ND 09/06/91 ZG 10 ND 09/06/91 ZG 10 ND 09/06/91 ZG 10 ND 09/06/91 ZG 10 ND 09/06/91 ZG 50 ND 09/06/91 ZG N/A 08/29/91 PSP 50 ND 09/05/91 MM 25 ND 09/05/91 MM 25 ND 09/05/91 MM 25 ND 09/05/91 MM 500 ND 09/05/91 MM 25 ND 09/05/91 MM 25 ND 09/05/91 MM 25 ND 09/05/91 MM 25 ND 09/05/91 MM 25 ND 09/05/91 MM 25 ND 09/05/91 MM Signed'2 /-k, e - LAW ENVIRONMENTAL NATIONAL LABORATORIES TEST DATA REPORT ate 09/17/91 ?age 1 I--- Project Information --- Lab Number : 91-9704-02 I Project No. : 56-9606 T70 Cust. No. Project Name : SOUTHERN STATES FERTILIZER Manager: TOM BEGGS --- Sample Information --- Station ID : POND NO. 1 Sampled Date/Time : 08/23/91 10:40 Matrix : SO Received Date/Time : 08/24/91 12:20 Type : GRAB Received From/By : TFB/SE I Collector : TFB Chain of Custody : 5936 Number of Containers : 3 Remarks : --- Test Data --- arameter .............................. Method.... Units PQL....... Results... Test Date Analy METALS ANALYSIS I - METALS PREP RESULTS -senic, TCLP EPA 6010 3arium, TCLP EPA 6010 admium, TCLP EPA 6010 romium, TCLP EPA 6010 ead, TCLP EPA 6010 rcury, TCLP EPA 7470 lenium, TCLP EPA 6010 Silver, TCLP EPA 6010 SERIES 35000 al Metals Prep: Aqueous ICP EPA 3010 al Metals Prep: Aqueous, Hg EPA 7470 P EXTRACTION EPA 1311 mg/1 0.5 ND 09/16/91 DF mg/1 0.1 0.4 09/13/91 DCE mg/1 0.1 ND 09/16/91 DF mg/1 0.1 ND 09/16/91 DF mg/1 0.1 ND 09/16/91 DF mg/1 0.0005 ND 09/06/91 HH mg/1 0.5 ND 09/16/91 DF mg/1 0.1 ND 09/16/91 DF N/A 09/03/91 HH N/A 09/05/91 HH N/A 08/29/91 HH ORGANIC PREP RESULTS -- LP Extraction EPA 1311 N/A 08/28/91 CSH t/Acid/Leachate 3510/8270 N/A 08/30/91 JSB xt/Base Neutral/Leachate 3510/8270 N/A 08/30/91 JSB xt/Herbicides/Leachate EPA 8150 N/A 09/03/91 JSB kt/Pest/Leachate 3510/8080 N/A 09/03/91 CH -- GC ORGANIC ANALYSIS RESULTS -- mma-BHC (Lindane), TCLP EPA 8080 ug/l 0.05 ptachlor, TCLP EPA 8080 ug/l 0.05 ieptachlor epoxide, TCLP EPA 8080 ug/l 0.05 ndrin, TCLP EPA 8080 ug/l 0.10 thoxychlor, TCLP EPA 8080 ug/l 0.50 oxaphene, TCLP EPA 8080 ug/l 2.0 Signed 0.10 09/04/91 BH ND 09/04/91 BH ND 09/04/91 BH ND 09/04/91 BH ND 09/04/91 BH ND 09/04/91 BH LAW ENVIRONMENTAL NATIONAL LABORATORIES TEST DATA REPORT Bate 09/17/91 Page 2 Lab Number : 91-9704-02 Project No. : 56-9606 T70 --- Test Data --- ameter .............................. Method.... Units PQL....... Results... Test Date Analy ■- GC ORGANIC ANALYSIS RESULTS -- Chlordane, TCLP EPA 8080 ug/l 0.5 ND 09/04/91 BH i-- SERIES 57000 2,4,5-TP (Silvex), TCLP EPA 8150 ug/l 0.10 ND 09/05/91 BH -,,4-D, TCLP EPA 8150 ug/l 0.20 ND 09/05/91 BH -- GC/MS ORGANIC ANALYSIS (A) RESULTS -- 2-Methylphenol, TCLP EPA 8270 ug/1 10 ND 09/06/91 ZG [-Methylphenol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG ,4,6-Trichlorophenol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG 2,4,5-Trichlorophenol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG TCLP EPA 8270 ug/l 50 ND 09/06/91 ZG �entachlorophenol, -Methylphenol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG Hexachloroethane, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG Vitrobenzene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG exachlorobutadiene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG -,4-Dinitrotoluene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG Hexachlorobenzene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG lyridine, TCLP EPA 8270 ug/l 50 ND 09/06/91 ZG -- GC/MS ORGANIC ANALYSIS (S) RESULTS -- -xt/Zero Headspace, TCLP EPA 1311 N/A 08/29/91 PSP -- Ext/Zero Headspace, TCLP RESULTS -- Vinyl chloride, TCLP EPA 8240 ug/l 50 ND 09/05/91 MM ,1-Dichloroethene, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM _hloroform, TCLP• EPA 8240 ug/l 25 ND 09/05/91 MM 1,2-Dichloroethane, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM -Butanone (MEK), TCLP EPA 8240 ug/l 500 ND 09/05/91 MM arbon tetrachloride, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM Trichloroethene, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM -enzene, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM etrachloroethene, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM uhlorobenzene, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM 1,4-Dichlorobenzene, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM Signed ��/✓ LAW ENVIRONMENTAL NATIONAL LABORATORIES TEST DATA REPORT ate 09/17/91 Page 1 --- Project Information --- I Lab Number : 91-9704-03 I Project No. : 56-9606 T70 Cust. No. Project Name : SOUTHERN STATES FERTILIZER Manager: TOM BEGGS --- Sample Information --- Station ID : POND NO. 2 Sampled Date/Time : 08/23/91 11:10 Matrix : NA Received Date/Time : 08/24/91 12:20 Type : GRAB Received From/By : TFB/SE Collector : TFB Chain of Custody : 5936 Number of Containers : 3 Remarks : --- Test Data --- .............................. Method.... Units PQL....... Results... Test Date Analy METALS ANALYSIS - METALS PREP RESULTS -- rsenic, TCLP EPA 6010 mg/l 0.5 ND 09/13/91 DCE Barium, TCLP EPA 6010 mg/1 0.1 0.2 09/16/91 DF ;admium, TCLP EPA 6010 mg/l 0.1 ND 09/16/91 DF ;hromium, TCLP EPA 6010 mg/l 0.1 ND 09/16/91 DF Lead, TCLP EPA 6010 mg/l 0.1 ND 09/16/91 DF ercury, TCLP EPA 7470 mg/1 0.0005 ND 09/06/91 HH elenium, TCLP EPA 6010 mg/1 0.5 ND 09/16/91 DF silver, TCLP EPA 6010 mg/l 0.1 ND 09/16/91 DF •-- SERIES 35000 'otal Metals Prep: Aqueous ICP EPA 3010 N/A 09/03/91 HH Total Metals Prep: Aqueous, Hg EPA 7470 N/A 09/05/91 HH 'CLP EXTRACTION EPA 1311 N/A 08/29/91 HH -- ORGANIC PREP RESULTS -- 7CLP Extraction EPA 1311 N/A 08/28/91 CSH ;xt/Acid/Leachate 3510/8270 N/A 08/30/91 JSB Ext/Base Neutral/Leachate 3510/8270 N/A 08/30/91 JSB Ext/Herbicides/Leachate EPA 8150 N/A 09/03/91 JSB ;xt/Pest/Leachate 3510/8080 N/A 09/03/91 CH -- GC ORGANIC ANALYSIS RESULTS -- Famma-BHC (Lindane), TCLP EPA 8080 ug/l 0.05 ND 09/04/91 BH [eptachlor, TCLP EPA 8080 ug/l 0.05 ND 09/04/91 BH Heptachlor epoxide, TCLP EPA 8080 ug/l 0.05 ND 09/04/91 BH ^ndrin, TCLP EPA 8080 ug/l 0.10 ND 09/04/91 BH [ethoxychlor, TCLP EPA 8080 ug/l 0.50 ND 09/04/91 BH 2oxaphene, TCLP EPA 8080 ug/1 2.0 ND 09/04/91 BH Signed 4�! `/J. LAW ENVIRONMENTAL NATIONAL LABORATORIES TEST DATA REPORT Sate 09/17/91 Page 2 Lab Number : 91-9704-03 Project No. : 56-9606 T70 --- Test Data --- .............................. Method.... Units PQL....... Results... Test Date Analy ■- GC ORGANIC ANALYSIS RESULTS -- Chlordane, TCLP EPA 8080 ug/l 0.5 ND 09/04/91 BH -- SERIES 57000 2,4,5-TP (Silvex), TCLP EPA 8150 ug/l 0.10 ND 09/05/91 BH ^,,4-D, TCLP EPA 8150 ug/l 0.20 ND 09/05/91 BH -- GC/MS ORGANIC ANALYSIS (A) RESULTS -- I-Methylphenol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG 1Methylphenol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG ,4,6-Trichlorophenol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG 2,4,5-Trichlorophenol, TCLP EPA 8270 ug/1 10 ND 09/06/91 ZG TCLP EPA 8270 ug/l 50 ND 09/06/91 ZG �entachlorophenol, -Methylphenol, TCLP EPA 8270 ug/1 10 ND 09/06/91 ZG Hexachloroethane, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG itrobenzene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG exachlorobutadiene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG ;,4-Dinitrotoluene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG Aexachlorobenzene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG Jyridine, TCLP EPA 8270 ug/l 50 ND 09/06/91 ZG -- GC/MS ORGANIC ANALYSIS (S) RESULTS -- -xt/Zero Headspace, TCLP EPA 1311 N/A 08/29/91 PSP -- Ext/Zero Headspace, TCLP RESULTS -- uinyl chloride, TCLP EPA 8240 ug/l 50 ND 09/05/91 MM ,1-Dichloroethene, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM _hloroform, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM 1,2-Dichloroethane, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM -Butanone (MEK), TCLP EPA 8240 ug/l 500 ND 09/05/91 MM arbon tetrachloride, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM Trichloroethene, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM -enzene, TCLP EPA 8240 ug/1 25 ND 09/05/91 MM etrachloroethene, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM uhlorobenzene, TCLP EPA 8240 ug/1 25 ND 09/05/91 MM 1,4-Dichlorobenzene, TCLP EPA 8240 ug/l 25 ND 09/05/91 MM Signed4�2 /�/ �� LAW ENVIRONMENTAL NATIONAL LABORATORIES TEST DATA REPORT ate 09/17/91 Page 1 I--- Project Information --- Lab Number : 91-9704-04 I Project No. : 56-9606 T70 Cust. No. Project Name : SOUTHERN STATES FERTILIZER Manager: TOM BEGGS --- Sample Information --- Station ID : POND NO. 2 Sampled Date/Time : 08/23/91 11:20 Matrix : SO Received Date/Time : 08/24/91 12:20 Type : GRAB Received From/By : TFB/SE Collector : TFB Chain of Custody : 5936 Number of Containers : 3 Remarks : --- Test Data --- Parameter .............................. Method.... Units PQL....... Results... Test Date Analy •- METALS ANALYSIS - METALS PREP RESULTS -- ,irsenic, TCLP EPA 6010 mg/l 0.5 ND 09/16/91 DF Barium, TCLP EPA 6010 mg/1 0.1 0.6 09/13/06 DCE !admium, TCLP EPA 6010 mg/l 0.1 ND 09/16/06 DF :hromium, TCLP EPA 6010 mg/l 0.1 ND 09/16/06 DF Lead, TCLP EPA 6010 mg/l 0.1 ND 09/16/06 DF fercury, TCLP EPA 7470 mg/l 0.0005 ND 09/06/06 HH selenium, TCLP EPA 6010 mg/l 0.5 ND 09/16/06 DF Silver, TCLP EPA 6010 mg/l 0.1 ND 09/16/06 DF -- SERIES 35600 total Metals Prep: Aqueous ICP EPA 3010 N/A 09/03/91 HH Total Metals Prep: Aqueous, Hg EPA 7470 N/A 09/05/91 HH 'CLP EXTRACTION EPA 1311 N/A 08/29/91 HH -- ORGANIC PREP RESULTS -- 'CLP Extraction EPA 1311 N/A 08/28/91 CSH xt/Acid/Leachate 3510/8270 N/A 08/30/91 JSB Ext/Base Neutral/Leachate 3510/8270 N/A 08/30/91 JSB Fxt/Herbicides/Leachate EPA 8150 N/A 09/03/91 JSB xt/Pest/Leachate 3510/8080 N/A 09/03/91 CH -- GC ORGANIC ANALYSIS RESULTS -- famma-BHC (Lindane), TCLP EPA 8080 ug/l 0.05 ND 09/04/91 BH feptachlor, TCLP EPA 8080 ug/l 0.05 ND 09/04/91 BH Heptachlor epoxide, TCLP EPA 8080 ug/1 0.05 ND 09/04/91 BH -ndrin, TCLP EPA 8080 ug/1 0.10 ND 09/04/91 BH ethoxychlor, TCLP EPA 8080 ug/l 0.50 ND 09/04/91 BH Toxaphene, TCLP EPA 8080 ug/l 2.0 ND 09/04/91 BH Signed �` c LAW ENVIRONMENTAL NATIONAL LABORATORIES TEST DATA REPORT late 09/17/91 Page 2 Lab Number : 91-9704-04 Project No. : 56-9606 T70 --- Test Data --- .............................. Method.... Units PQL....... Results... Test Date Analy ■- GC ORGANIC ANALYSIS RESULTS -- Chlordane, TCLP EPA 8080 ug/l 0.5 ND 09/04/91 BH - SERIES 57000 2,4,5-TP (Silvex), TCLP EPA 8150 ug/l 0.10 ND 09/06/91 BH 0,4-D, TCLP EPA 8150 ug/l 0.20 ND 09/06/91 BH - GC/MS ORGANIC ANALYSIS (A) RESULTS -- 2-Methylphenol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG -Methylphenol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG ,4,6-Trichlorop4enol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG 2,4,5-Trichlorophenol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG -entachlorophenol, TCLP EPA 8270 ug/l 50 ND 09/06/91 ZG Methylphenol, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG exachloroethane, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG Nitrobenzene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG exachlorobutadiene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG _,4-Dinitrotoluene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG Hexachlorobenzene, TCLP EPA 8270 ug/l 10 ND 09/06/91 ZG fridine, TCLP EPA 8270 ug/l 50 ND 09/06/91 ZG -- GC/MS ORGANIC ANALYSIS (S) RESULTS -- -'Kt/Zero Headspace, TCLP EPA 1311 N/A 08/29/91 PSP -- Ext/Zero Headspace, TCLP RESULTS -- Vinyl chloride, TCLP EPA 8240 ug/l 50 ND 09/11/91 MM ,I-Dichloroethene, TCLP EPA 8240 ug/l 25 ND 09/11/91 MM aloroform, TCLP EPA 8240 ug/l 25 ND 09/11/91 MM 1,2-Dichloroethane, TCLP EPA 8240 ug/l 25 ND 09/11/91 MM -Butanone (MEK), TCLP EPA 8240 ug/l 500 ND 09/11/91 MM 3rbon tetrachloride, TCLP EPA 8240 ug/l 25 ND 09/11/91 MM Trichloroethene, TCLP EPA 8240 ug/l 25 ND 09/11/91 MM --znzene, TCLP EPA 8240 ug/l 25 ND 09/11/91 MM :trachloroethene, TCLP EPA 8240 ug/1 25 ND 09/11/91 MM .,alorobenzene, TCLP EPA 8240 ug/l 25 ND 09/11/91 MM 1,4-Dichlorobenzene, TCLP EPA 8240 ug/l 25 ND 09/11/91 MM 42%„t Signed LAW ENVIRONMENTAL NATIONAL LABORATORIES TEST DATA REPORT ate 09/17/91 Page 1 --- Project Information --- Lab Number : 91-9704-05 I Project No. : 56-9606 T70 Cust. No. Project Name : SOUTHERN STATES FERTILIZER Manager: TOM BEGGS --- Sample Information --- Station ID : TRIP BLANK Sampled Date/Time : 08/23/91 Matrix : W Received Date/.Time : 08/24/91 12:20 Type : GRAB Received From/By : TFB/SE Collector : Chain of Custody : 0 Number of Containers : 2 Remarks --- Test Data --- Parameter .............................. Method.... - GC/MS ORGANIC ANALYSIS (S) RESULTS -- 'xt/Zero Headspace, TCLP EPA 1311 •- Ext/Zero Headspace, TCLP RESULTS -- rinyl chloride, TCLP 1,1-Dichloroethene, TCLP "hloroform, TCLP ,2-Dichloroethane, TCLP a-Butanone (MEK), TCLP Carbon tetrachloride, TCLP richloroethene, TCLP enzene, TCLP Tetrachloroethene, TCLP 'hlorobenzene, TCLP ,4-Dichlorobenzene, TCLP Units PQL....... Results... Test Date Analy N/A 08/29/91 PSP EPA 8240 ug/l 50 ND 09/06/91 MM EPA 8240 ug/l 25 ND 09/06/91 MM EPA 8240 ug/l 25 ND 09/06/91 MM EPA 8240 ug/l 25 ND 09/06/91 MM EPA 8240 ug/l 500 ND 09/06/91 MM EPA 8240 ug/l 25 ND 09/06/91 MM EPA 8240 ug/1 25 ND 09/06/91 MM EPA 8240 ug/l 25 ND 09/06/91 MM EPA 8240 ug/1 25 ND 09/06/91 MM EPA 8240 ug/l 25 ND 09/06/91 MM EPA 8240 ug/1 25 ND 09/06/91 MM Si ned Zr c/0 • 9 LAW ENVII ENTAL, II4C. CgHmA Or CUo 10 C NATIONAL LABORATORY 112 TOWNPARK DRIVE 7 KENNESAW, GEORGIA 30144 = (404)421-3400 SAMPLING NAME OF FACILITY: 50's fk ei1 h 5A& FeU i�P 1P INFORMATION t STREET ADDRESS: wM ?�D Etcs. ST �ivi�P. n1L NPDES NUMBER PROJECT AME LL So v "14 ST D- e� f r �C� JOB N0. S6 - J9 o z z ~ �`�� 6 P O �' 0l2 ry �'P Qv� Q�'�Q�.� Q\tio Q� Q\y�\ ��Q ���0 p0 �� 3� oti' po p1 �� �Op ��. �� ��,, �� , �� boti• �y0 ,�� . LENL LAB NO. SAMPL (SIGNATURE) F SAMPLING DATE 8 2 3 49 t TIME ¢SOURCE SAMPLE STATION DESCRIPTION m o CODE U to -soAm 5 L f P171A,� rvo • ( 3 2 f —p to: foAM 50 /1 /04n ✓ SL pad No. 2 3 2 /t'zo^� '� so AD RE=UISHEDY: . � DATE / TIME 9 i �. P� RECEIVED BY: DATE / TIME 1 RELINQUISHED BY: REC VED BY LA TORY: nq-u, DATE / TIME i SIGNATURE) SIGNATURE SIGNATURE SIGNATURE DISTRIBUTION: ORIGINAL AND YELLOW COPIES ACCOMPANY SAMPLE SHIPMENT TO LABORATORY. PINK COPY RETAINED BY SAMPLERS. YELLOW COPY RETAINED BY LABORATORY. REMARKS *SOURCE CODES RECOVERY WELL - RW NPDES DISCHARGE - ND RCRA MONITORING WELL - MW DRINKING WATER - DW SOIL / SEDIMENT - SO HAZARDOUS WASTE - HW SLUDGE - SL SURFACE WATER - SW NON -AQUEOUS - NA LAL NATIONAL LABORATORY SAMPLE RECEIPT RECORD 112 TOWNPARK DRIVE KENNESAW, GEORGIA 30144 (404) 421-3400 LAW ENVIRONMENTAL, INC. 431 MINUET LANE CHARLOTTE, NORTH CAROLINA 28217 P.O. BOX 240674 CHARLOTTE, NORTH CAROLINA 28224-0674 704-527-6717 August 8, 1991 North Carolina Department of Environment, Health, and Natural Resources Water Quality Section 919 North Main Street P. O. Box 950 Mooresville, North Carolina 28115 Attention: Mr. Rex Gleason Water Quality Regional Supervisor Subject: Confirmation of Telephone Conversation Spray Irrigation Dewatering System Non -Discharge Permit No. WQ0004556 Southern States Fertilizer Plant Statesville, Iredell County, North Carolina LEI Job No. 56-9606 Dear Mr. Gleason: This .letter serves to confirm our July 23, 1991 telephone conversation regarding the Souther.• States spray irrigation project. As we discussed, spray irrigation of water from two former holding ponds at the site is currently underway. Law Environmental is coordinating the project on behalf of Southern States Cooperative, Inc. The work is being performed in accordance with Non -Discharge Permit No. WQ0004556 which was issued by the NCDEHNR on June 13, 1991. Approximately two million gallons of pond water will eventually be sprayed on fields surrounding the ponds. %0&T?B/syh North Carolina Department of Environment, Health, and Natural Resources August 9, 1991 Page 2 Plans for remediation of ground water at the site are currently being formulated. As part of the ground -water remediation work, an aquifer pump test has been planned at the site. The pump test is tentatively scheduled for September, 1991, and will generate approximately 15,000 gallons of ground water. Nitrates and nitrites are expected to be present in the ground water at concentrations similar to the pond water. We understand that water generated during the aquifer pump test can be temporarily stored in the two former holding ponds at the site. The water can then be pumped from the ponds into the existing permitted spray irrigation system. If our understanding of the telephone conversation is inaccurate, please contact us prior to September 1, 1991 so that other arrangements can be made for disposal of water from the aquifer pump test. Thank -you for your assistance during this phase of the project. Sincerely, LAW ENVIRONMENTAL ,-(-L -F. �_ Thomas F. Beggs, P.E. Principal cc: Ms. Chris DeRoller NCDEHNR - Groundwater Section Mr. Hilton M. Withers Southern States Cooperative, Inc. %0&Tn/syh February 13, 1.991 North Carolina Department. of Environment, Health and Natural Resources P.O. Pox 950 Mooresville, NC 2811.5 Attention: Mr. W. Allen Hardy Subject: Amendment No. 1. Non -Discharge Permit Application Holdi,ig Ponds No. 1 and No. 2 Southern States Fertilizer Plant Statesville, North Carolina LEI Job No. 56-9606.70 Gentlemen: s LAW ENVIRONMENTAL, INC. 431 MINUET LANE CHARLOTTE, NORTH CAROLINA 28217 P.O. BOX 240674 CHARLOTTE, NORTH CAROLINA 28224-0674 704-527-6717 As requested by Mr. Allen Hardy of the NCDEHNR Mooresville Regional Office, Law Environmental has reviewed three aspects of our recently submitted Non -Discharge Permit Application. This Amendment No. 1 summarizes the results of our review and the requested changes to the application. The application •,vas submitted on December 11, 1990. The following supporting documents were attached: Conceptual Design. Report for Land Treatment of. Pond. Water and Sediments (dated Sept. 25, 1990). Spray Irrigation Systern Design for Land Treatment. of Pond Water and Sediments (dated Nov. 29, 1990). Cover Letter to IvSs. Carolvn McCaskill of the DEM Raleigh Office (dated Dec. 1.1. 1990). On January 23, 1991, Iafr. Lardy contacted Mr. Thomas Beggs of our office to discuss the application. Mr.. ]:lardy indicated that, based on his site visit and review of the submitted documents, three changes were needed to clarify the application. The suggested changes are presented on the following page. W North Carolina Department of Environment, Health and Natural Resources February 13, 1991 Page 2 1. The Sept. 25 Conceptual Design Report (page 4-5) stated that salts were not expected to be present in the pond water in sufficient concentrations to harm the receiving soil or vegetation. The sodium adsorption ratio (SAR) was therefore not calculated. Mr. Hardy asked that the SAR be calculated to verify our expectation of minimal environmental impact. 2. Drawing 1 attached to the Nov. 29 Spray Irrigation System Design included seven proposed circular irrigation areas. Mr. Hardy indicated that the 115 ft radius circle proposed northeast of Pond No. 1 encompassed an area which was not suitable for irrigation. Mr. Hardy asked that the area be deleted from the proposed irrigation plan and that the Operational Summary presented on page 4 of the document be amended to reflect the change. 3. Stormwater interception ditches were excavated around the ponds in August, 1990. The purpose of the ditches was to divert upslope runoff before it reached the ponds, thereby reducing the total volume of water to be spray irrigated. Mr. Hardy expressed concern that the ditches might serve as a pathway for off -site migration of sprayed pond water. He asked that we amend our application by clearly indicating our intention to fill in the interception ditches prior to spray irrigation. 1. Sodium Adsorption Ratio The presence of sodium in large quantities can increase the amount of this monovalent cation on the soil cation exchange complex. This condition leads to a reduction in soil pore size through deflocculation, with subsequent reductions of water infiltration and permeability. To avoid this condition, sufficient divalent cations (i.e. calcium and magnesium) must be present in the waste applied to land to keep sodium from building up on the soil exchange complex. The sodium adsorption ratio (SAR) is a measure of the balance of sodium and other cations and is defined as: meq sodium meq calcium +meq magnesium) 0.5 2 where all concentrations are in milli -equivalents (meq) per liter. North Carolina Department of Enviror_ment, Health and Natural Resources February 13, 1991 Page 3 Deleterious effects occur when the SAR is greater than 15 for soils. Although an SAR of less than 15 may not affect the soil, SAR's ranging from 10 to 15 can be harmful to plants. On January 29, 1991, a technician from our office visited the site and gathered representative grab samples from the surface water in Ponds 1 and 2. The samples were shipped to Law Environmental National Laboratories for analysis. Using EPA Method 6010, the calcium, sodium, and magnesium contents of the two samples were determined. The test results are attached. Based on the laboratory analyses, we calculated that the SAR of the pond water is less than 0.5. This calculation verifies our original assumption that the sodium concentration of the pond water should not limit the proposed spray irrigation application. 2. Irrigation Area Reduction An irrigation circle with a radius of 115 ft was proposed in the area northeast of Pond No. 1 (refer to Drawing 1 in our Nov. 29 design document). We have reviewed the operational requirements of the proposed. spray. irrigation system and concluded that this area can be omitted without substantially affecting the overall system. The remaining spray areas should provide sufficient land area for successful pond dewatering. By eliminating this spray area, the size of the pipeline leading to the adjacent area can be reduced. The attached Drawing 1, Revision 1 dated Feb. 4, 1991 reflects these changes. We have also calculated the effect of omitting this area on the Operational Summary (page 4 of our Nov. 29 design document). The revised Operational Summary is outlined below. Revised Operational Summary Sprinkler Head Spray Diameters: Total Wetted Area: Precipitation Rate From Irrigation: Precipitation Volume: Total Pumping Rate: Pump Run Time: Precipitation Run Time: 3 at 372 feet 3 at 230 feet 451,000 square feet One inch per week 281,000 gallons 1200 gal. per minute Four hours per week 0.25-inch per hour North Carolina Department of Environment, Health and Natural Resources February 13, 1991 Page 4 3. Stormwater Interception Ditches The stormwater interception ditches currently positioned upslope of the ponds have successfully served their intended function. The ditches have substantially reduced the total volume of pond water to be spray irrigated. Therefore they will be filled -in or blocked prior to initiation of spray irrigation activities such that they will not provide a pathway for off -site migration of sprayed water. This Amendment No. 1 should be considered part of our December 11, 1990 Non -Discharge Permit Application for the Southern States Fertilizer Plant. If you have any questions or comments regarding this project, please do not hesitate to contact us. We look forward to your approval of our application and successful completion of the work. Very truly yours, LAW ENVIRONMENTAL, INC. Bernard B. Schumak Project Hydrogeologist Thomas F. Beggs, P.E. Principal cc: Ms. Carolyn McCaskill DEM Permits and Engineering Unit Mr. Hilton M. Withers Southern States Cooperative, Inc. Law Environmental, Inc. Pensacola Branch 7215 Pine Forest Road Pensacola, Florida 32526 February 1, 1991 Mr..Tom Beggs - 5620 Law Enviromental Inc. 431 Minuet Lane Charlotte, NC 28217 SOUTHERN Project #56-9606.70 Dear Mr. Beggs: Below are results of analysis of 2 on January 31, 1991: samples received for examination Location code: SOUTHERN Loc. Desc.: PS-1 LAB I.D. AA06077 P.O./Project No. 56960670 Client No. 5620 Collection Date: 01/29/91 Collection Time: 14:45 Submittal Date: 01/31/91 Submittal Time: 11:25 Sample collector: MCCLAIN ------------------------------------------------------------------------ TEST UNITS TEST DETECTION PARAMETER RESULT LIMIT 2310-ICP Metals Dig W. EPA 3010 done Multicomponent analysis: 2310-ICP Metals W. EPA 6010 Calcium ug/L 108666 12.0 Magnesium ug/L 26400 13.0 Sodium ug/L 12500 20.0 ------------------------------------------------------ ------------------- Location code: SOUTHERN Loc. Desc.: PS-2 LAB I.D. AA06078 P.O./Project No. 56960670 Client No. 5620 Collection Date: 01/29/91 Collection Time: 14:55 Submittal Date: 01/31/91 Submittal Time: 11:25 Sample collector: MCCLAIN ------------------------------------------------------------------------ TEST UNITS TEST DETECTION PARAMETER RESULT LIMIT 2310-ICP Metals Dig W. EPA 3010 done Multicomponent analysis: 2310-ICP Metals W. EPA 6010 Calcium ug/L 24750 12.0 Magnesium ug/L 6600 13.0 Sodium ug/L 5000 20.0 ------------------------------------------------------------------------ s Mr.Tom Beggs - 5620 Page: 2 February 1, 1991 Please advise should you have questions concerning these data. Respectfully submitted, rV Cr,,' JwAios M.G. Tu c1, Operations Mana er LAW ENVIRONMENTAL, INC. CHAIN OF CUSTODY RECORD i ,� NATIONAL LABORATORY s SAMPLING NAME OF FACILITY: .f _ INFORMATION I T ® NPDES NUMBER STREET ADDRESS: N W V 6 PROJECT NAME JOB NO. 151- .SOU r /�T-CS 7,106 , 7 u. � w QQ �y 4`a� SAMPLERS (SI AT c oo SAMPL ' ATE / cz o Uo ��� � P�OQ� �p ��O m a TIME o SOURCE CODE SAMPLE STATION DESCRIPTION \p�pP[P�O� I 5 1 4S5 V1 SW A I RELI UISHED BY L DATE TIME RECEIVED BY: DATE / TIME RELINQUISHED BY: Z d__ I (SIGNATURE) `oy / I ��O (SIGNATURE) SIG DISTRIBUTION: ORIGINAL AND YELLOW COPIES ACCOMPANY SAMPLE SHIPMENT TO LABORATORY. PINK COPY RETAINED BY SAMPLERS. YELLOW COPY RETAINED BY LABORATORY. REMARKS Ca /t1 p AMAq , RECEIVED BY LABORATORY: LENL LAB NO. DATE / TIME 'SOURCE CODES RECOVERY WELL - RW NPDES DISCHARGE - ND RCRA MONITORING WELL - MW DRINKING WATER - DW . SOIL / SEDIMENT - SO HAZARDOUS WASTE - HW SLUDGE -SL SURFACE WATER - SW NON -AQUEOUS - NA EXHIBIT A i 1 I� //� 849. k— I x 8641S4 X —6 :7 x x6 C.41 x i ik G 71 2 x X6 840.2 x 11 (MGIL) K65WS \\` I „\ �J ;J, x �B, '65 V POND NO. I r 6.30 P4.38 I :POND NO. 2 L I, o � W\ 1055 7 I "H I 29 (MG/L) K 5W7'1'-.38 5W7'A' x / AREA 2 / / x 634.85 Z, T- -5W7T— K 5W 433 (MG/L) RW 3 ji x 863.4� \1. ;� Ali it 56 (MG/L �,G/L b 3 -K65 6 7.3 Mil Xfi5WWA' SA-y3lfl . G X \\ III \ \ i AREA 1 x862.9 6 x 8 65.7 6 x 867 c c 'k 0.63 (MG,L) K65W Ir x 849.89 x 848.78 Incident Narre F,--gion /0--,x y Grourxaater Incident File P'n ng Performed b �o a. i� y _�/1/!,O te I - I"UNENT HAZARD ASSES i' �: cwrar U .i.0 points per well 2. Public or. institutional water supply I'll -containing substances - in concentrations e. ding Class GA underground water quality standards, award 30 points per well 3. Excee5dences of Class ?iS-1 surface eater quality standards as a r1,sult . of grotmc�rater, discha ge; .:.award 20 points per surface Pater: y wacted 4 If.-a.wat.at supply will Identified in _ items I p.T. and A.2, cannot be _ _.. repl acerd by, an existing public water supply source ..reqdir' -)g hook --up on ly; - - award additio;ial. 10 points per irreplaceable. well ..: Points Awarded GW ODntami-nation -Incident Management Site Priority Ranking- System Page 2 B• Threat To LbcOntan-inated Drinking Water Supplies 1• Private, 6OMestic water supply will located within 1500 feet downgradient Of 00ntaminant source; award 10 points per well �0 2. Public or institutional water supply well to-cated within 1 /2 mile downgradient Of contain rant source; award 15 points per well 3 0 3. Raw surface k,ater.intake for public water supply located within. 1/2 mile downgradient of contaminant source;. awas-d, 5`"points per water supply sys m O 4. If any well identified in items II.B.1 and II _ B. 2 is located ° . . thin 250 .feet" of contaminant source ., award additional. -20.points total U,. 1; Product vapors detected.•. ' .Ln, Inhabitable -. . building (s) ; await 30'. points `. total - 2• Product vapors detected in other confined areas (uninhabitable buildings, sewer . Lines, utility vaults, etc.) ; award 5 points total Q III . CCN PAt�IANI HAZARD ASSES T :(chemical groups arecategorized based on tonicity, mobility and persistence in the emdrecmient) : Evaluate the mast hazardous 'detected substances and select only one of the following: A. Award 30 points total if contaminants detected are identified with any of tt-�_ following groups. 1 • Aromatic (Benzene)` Acids..! :-. 2 • Ai�citiatic H ydrocaxiaoris: (L nzene' Deriva ��p 3 t� J V1. Sulfonaterh.:Hydrocar}�ons'.; _ , ;_:. . 4` :Haliated HY cai_bona_ 5 , .Anilines. PhenO1S 9 Aldelry` s Ke tomes 10 Organic -Sulfur rrpounds (Sulfides, Yjercaptans.) u 1.1 : Oil anai�etallic Cbrcpounds GW Contamination znci(�. Manag rent - �-Site Priority Ranking stem Page' 3 :. _.., 12 Cyard,�es 13_ Esters 14. Metal Salts, Including Peavy Metals B. AF.axd 20 points total if contaminants detected are identified with arty of the following groups: 1. Aliphatic (Fatty) Acids 2. Alcohols 3- AliPhatic Hydrocarbons (Petroleum Derivative) 4. Pyridines S. Tniocyanides 6 - Mineral and VP-tal Acids 7 - Mineral and Metal Bases 8. Oxides 9- Sulfides C. Awaxd 10 points total if contaminants detected are identified with any of the following groups: D 1 • Aliphatic Amines- and Tbp_it. Salts 2. sugars and Cellulose.--.' 3. Carbon and . GYaphte . N S E ASSESSMI Nb ' .R. A . product . thic}mess of > 1 /4 inch dew -on vter table in o}aser ,dtion:: or "'Onito ring �11; award 20 points . - total O BContaminated Soil (select only one an sir) 1.. Soil -saturated with prrdUct (saturation determined by release of free liquid upon- con action of a" soil sample by hand pressure) ; award 10 points total GW Contamination Incident ant Site Priority Pznking System Page 4 V. 1. Suspec-ted or confi rmad source remains in active use and continues to receive raw product, wastewater or solid ste; award 20 points per source 2. Active use of suspected or confirned source has been discontinued or source was caused by a one-time release of product or waste; hoc ver,. source continues to release product or contaminants into the environment; award 10 points per source A. Vertical. Crontan-L nant Migration - Literature or well logs indicate that no confining layer is present above bedrock or above twenty feet -below land surface; aura 10 points total C. D. r: Hydraulic Gradient Is Dstenfied By - (select ` only one arLg,?er) 1. Calculations based on groc rAgater level re-aslrecrents; award 10 points total 2 observation of significant recharge./discharge features -in the vicinity of eont mi n.ant source and local topographic features; :award 5 points total 3. observation of local. topographic_ features only; award 0 points C) L>cisting Groundwater 1. u).alyLica1 test (s):-Fer.forred .on.ygrcandvater sanple (s) obtained. fr,=I site: con, firm.,nre:ence- _ of substances. in ztratioris "exceeding .C1a.ss" GA undeigcound:water c > 1ity ;s s; away I 10 points. total = .2. Source (s) �dentified in -Section XV constitute the only knox-m source (s) of contamination resulting in exposure.or potential, exposure identified in Secticx II; award 10 `points total TED VC) kORZrS AMA State of North Carolina Department of Environment, Health and Natural Resources Mooresville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 1DEHNR DIVISION OF WATER QUALITY August 19, 1996 Southern States Cooperative, Inc. Post Office Box 26234 Richmond, Virginia 23260 Attention: Hilton M. Withers RE: Acknowledgement of Receipt Second Quarterly Sampling Event Southern States Fertilizer Plant Iredell County, N.C. Dear Mr. Withers: We received your report on June 24, 2996. Please be advised that the submittal of this information does not relieve you of the responsibility for continued investigation and cleanup at this site. The report has been reviewed, and it will remain on file in this Office in the Groundwater Section's files. Please include the dates that the system was shut down and restarted in your next report. Thank you for your cooperation and should you have any questions, please contact me at (704) 663-1699, ext. 234. Sincerely., Paul R. Dahlen, P.G. Hydrogeologist cc: Bernard Schumak - Law \grd\sstates.ack 919 North Main Street, -W .16 FAX 704-663-6040 Mooresville, North Carolina 28115 C An Equal Opportunity/Affirmative Action Employer Voice 704-663-1699 50% recycled/10% post -consumer paper W. Rom' Grace & Co. Goulds Sin le P 230 Volts Date Installed_ 3-20-81 H.P. _ 71 Mod_el..-#.- ..--UJ.66KM12 . Serial # Depth Set 231'.. Well 245' 60 GPM Replaced pump-end__11-10-83-Grumdfos, Mod. Serial #8340T #SP-16-8 - Replaced motor &.Box 6-17-86,Serial #250066 Air r ling Co. Noland Company Plumbing 201 Linden Street Healing Winston-Salem, NC 27101 Electrical t Telephone: (919) 725-1351 Air Conditioning �..v'� �i Fax: (919) 722-0927 Re!rige-ranon pi r., — I Well Drilling Equipment Cl' N O L A N 0 A) �d Al, !q;, r)t:- A) ID POLLUTION INCIDENT REPORTING FORM rO`3�/ Division of Environmental Management 1. Incident # �l O GROUNDWATER SECTION 2. Tabulate only TYPE OF ACTION 1. Emergency response , . Complaint investigation 5. Re-evaluation # A 2. Compliance investigation 4. Routine inventory 6. Other POTENTIAL HAZARDS : 1. Toxic chemicals 2. Radioactivity 3. Air emissons 4. Explosives 5. Fire INCIDENT Incident Name A. �IDC Es Addre s CitTTyln B �-�� County Region DEM Regional Contact Irec�e tl T�r�ore.sv; Ile -5. t�J�11s PERSON REPORTING INCIDENT Name Date Time -I Ut-ti- Telephone :::, , ;• ;. Company/Agency Su}esv; lle _Cor�ere�eroctv_e II T5 -------------- --_:...._--.. Briefly Describe � • ! 1_ 5 � r. =.In Incident v � � , C 1 a e i 5 L, 12 1�0- [S1 W e. l l Set-v ; r e- [j a `side :5, �15{cv e�5;-1 [eve15 aF C t T '11 1'cL e5 r, , h� �c_II 5r'16�-. e5 -a Ilee� ec1� ���re. /can, � . 1� sa•,,ti Coll ec- 4, REPORTED BY: 1. Responsible party 2. Government agency 3. Private party RECOMMENDED ACTION 1. Investigation complete 2. Continue investigation 3. Initiate/complete cleanup 5. Technical support 4-1-ong-term remedial action G>rill crew 7. Enforcement action 8. Monitoring plan Comments D LAB SAMPLES: 1. Yes 2. No ature Date 7qc� GW-61 Revised 11/85 North Carolina DepVtment of Natural Resources and Community Development FJULLU I IUIV IIVI�IIJCIV I Ill-1 v1i 1 11. F:.nty:-1T_ed<'J1 cident # t7nl I IITA KITQ IKI\/r)I X,Pn 9 MATERIALS INVOLVED E AMOUNT STORED AMOUNT LOST IMPACT ON SURFACE WATERS AMOUNT RECOVERED Distance to Stream (it) Amount in Water (gal) WATERS EFFECTED 1. Yes 2. No No0Potentially F me of Stream Stream Class FISH KILL: 1. Yes 2. No Na RISK ASSESSMENT Use these Codes: High= 3 Mod era te=2 Low=1 None=0 Amount Infiltrating Land Resource Threat GROUNDWATER 3 Vertical Migration of Contaminant Horizontal Migration of Contaminant Areal Extent of Contamination 3 SURFACE WATER AIR 3 Probability of Violations Remedial Action Priority G Potential Hazard of Substance °2 Threat to Drinking Water --� - Seriousness of Threat: 1-2 Overall Regional Concern Please Circle the Appropriate Response(s): 1. This -incident poses additional threat to human health by: (1) inhalation (2) absorption (3) ingestion 2. This incident poses additional threat to the envlronment by potential adverse effects on (1) sensitive areas (2) wildlife (3) fish POTENTIAL SOURCE OF POLLUTION SOURCE --OF POTENTIAL POLLUTION TYPE OF POLLUTANT 1. Intentional dump 9. Sewer line 1. Pesticide/herbicide OPit, pond, lagoon 10. Stockpile 2. Radioactive waste 3. Leak --underground 11. Landfill 3. Gasoline/diesel 4. Spray irrigation 12. Spill --surface 4. Other petroleum prod Fi 5. Land application 13. Well 5. Sewage/septage 6. Animal feedlot 14. Dredge Spoil f b.}Fertilizers 7. Source unknown 15.Nonpoint source 7. Sludge 8. Septic tank 8. Solid waste leachate 9. Metals ,SOURCES AT SITE: MULTIPLE 10. Other inorganics 11:1Yes 2. No �J 11 , Other organics LOCATION SETTING Facility 1. Residential 2. Railroad 2. Industrial 3. Waterway 3. Urban 4. Pipeline 14.lRural 5. Dumpsite 6. Highway 7. Residence B. Other POLLUTION CONFIRMED 1. Yes GNo Incident + 'county; lred`il POLLUTION INGIDEN I KtrUr-t I ilNU Fvnwi RESPONSIBLE PARTY Telephone Responsible Party/Names 1 4-- Street Address Company County State Zip Code City Sid,_,s,r � - ( 1 ti.G REASON FOR INCIDENT SOURCE IN USE PERMIT TYPE OWNERSHIP OPERATION TYPE 0. N/A 1. Transportation Accident 1. Yes 0 N/A 0. N/A 0. N/A 2. No I 2. Mechani.cal failure 1, Nondischarge 1. Municipal 1. Public Service SOURCE PERMITTED 3. Facility design 1. Yes 2. No 2. Oil terminal 2. Military 2. Agricultural 4. Inventory only 3. Landfill 3. Unknown 3. Other Source PERMIT NUMBER i 5. Human error 4. Mining 4. Private 4. Educational SOURCE ON 6. Vandalism ERRIS LIST 5, NPDES 5. Federal 5. Industrial 1. Yes 7. Unknown 2, No 6. RCRA 6. County 6. Commercial ERRIS NUMBER 7. Air 7. State 7. Mining ACTIONS TAKEN Containment, Cleanup, etc. L / /fit f� e.5eli�� �// %jQS hL2r7 Gis�o/,)� Te��. 1ndus7rt' rr k l S _. ��.c�� Efcs P�e// c�?d .sou � �e o e C�a��c rr�� � . /%rd / e it e i es �� c� .-> >rof 66 de -Al 0_010 _e_1 �_ Q_Sr�o ► ��1 c ar�v. J Nearest Populated Buildings --Type and Distance _Precipition/Weather Data . � � III /.~ l/1 f! •�` n;t\,� ��:r j ,' ;, _�,: ' '�' 1 (: ��' ..\\�1` \` 1. ' --- _,r' % �bi•o" ,;/'/' t876d. `{:;:•�'�'. It \;• - / .._�" - _::::��,+ '„ __ ;\:,l'...+! is �� �\;=. •' - yl - \.'.i \ir�. . \� •� `_'7 •'L / 872 go 1 :�`:� •� 'Lit `�'_ :\ 87 %Nxx� WELL ,,,+.,, y+, � r � i�p,,U-. �: ,� �� ,., � c�.;.�� � L_���%�/ -'� 0'-,:�\\•�i f\.\l��\ /�'�li�l�l�. `��__ . ':j' .��, +'; ,�I. ;�,. �\Q .`_ �\ �\'•: __ \ \,�', cY/'�' O �I�` 1t., \1.+,�T: - 1.Hsp�� i:' I;` �1� �,; '• „: }1,, Ili',\ \�1 -�• i 1.�.'_I:\3`. .J tl �\, ;1`�;'�h �;`.9���• 1 ``` It�;,�i ' 4 •` it � 1:,,, l' `M1 - :li' - \'�\�. �\.\�\�� .II `'� i' ` 'i \:.' � -.f_� % \ \ •;•,(-`-�- ! -tom :..�\\•�� '.�~.�I.'.... so•\ -:I u 1 1 iI tr.' J. ir oo J r \� `�1� _ t hr- p:. . / / • ` _-�I-�• / (.. \ ', //,.� ` 6 � / •4\'\lam � - 74G )))' - ��� ,!ram �.�-J `'� � i+` . - - _ /� \ •a`, \. 1; '.v erg �/� y l\J'� '�; 1V.: I /I POLLUTION INCIDENT REPORTING FORM Incident # County : 1ZEDEU- LOCATION OF INCIDENT Street Address, Road City/Town County 57,QT E5UlC.LE .�R�=DELL Date Incident Occurred Time Incident Occurred 7 1/2 Quad Name Lat. ;Deg: Min: Sec: l/` i/e JOI, j S -ATCS ViLtE EAs I /tl G. 35 ys os Long.: Deg; Min: Sec: Draw Sketch of Area �-'6 `19 05 0 ATTACH PHOTOCOPY OF MAP SHOWING: 1. Pollutant Source 2. Threatened Water Supplies 3. Direction of Overland Flow - r0.� J zti; = r • IT CW n g-o l 3 W":=dWater Iaddent ne DSOs _ Prsformed bp: ' NORTH CAROLINA GROUNTWATER CONTANMATION INCIDENT NUNAGEMTm SITE FRI ORITY RANKING SYSTEM (To be completed by Regional Office) �. �'�-EhT BAT.AR� ASSF�SS 'ANT - Pn;ntg Av a*c1�r� A Explosion - free product in torftned areas or vapor pbase product detected at or above 2D% of the lower explosive limit cr at hcaltb concern levels; award 50 pouts total B. Fire . free product subject to ignition to exposed arras such as . surface water impoundments, streams, exravati=s, etc rward 50 • points total — 3. EEPOSDRE ASSESSHMIM A ContiLminated Drinking Water Supplies 2. Pxi-nate, domestic water supply well containing substa=es in cots- ctntrations eccmeding 1SA NCAC 2L go=dxater quality standards; award 10 points per well 2. Public or institutionai water supply weM cons it substances to concentrations oreeding 1SA NCAC 2L groundwater quality standards; award 20 points pew virtu . 3. Mmeedances of Class VS-2 ww1ace water quality standards as a result of groundwater discharge; award 20 points Per staface water body impacted ' 4. Ef "'at er supply well identlBed in itesas 11. A I and B. A 2 MizEotbe replaced by an existing public water supply source regaIrlag book - up only; award additional 10 points per irreplaceable weB 1S. ibreat to VnconL%minated Drir Water Supplies _ lta Prtsate, domestic water supply well located within 1Bo0 test down Ca dsent of contaminant source; award 20 points per well 2. Public or institutional water supply well looted witffie 3500 feet dowMVadient dcontarninant source; award 1S points perwa gi. Raw surface Rater tntake for public water supply located v42ft 1/2 =Xe downgadsait orcontamirunt source; award S points per water • supply systom C If any well identttied to items IL B. I and 11. B. 2 or an intake in tt�z A. B. 3. are l=ted within 250 feet of contaminant gore!; awwd additional 20 points total (not per well or intaW Vapor Prase Expostae 1- Product tapers delectedIn S.n%abltable buVdi sl below 1m of :he kww ® lastvt 7imtt nt hzal.tb r== 2cva%. enm_-.d 3D ._ _ - 'M-200 •e Page 2 of 3 6/1/gZ 2- Product Vapors detected to other confined areas (uninhabltable build- tngs, sewer ILnes, utxlitY vaults, eW below 20% of the loaner explosive It= award 10 paints total SOURCE ASSEUIMNT . A VncoatrcMed or Unabated Primary Source (including kgocros, land applications, septic tank, Iand.�s, undergroundtstoc]cpQes. Suad storage tanks, eW and above •o a• Suspected or eontirmed source M=zIns to active use and v=tirsues to receive raw product, tvasteuater or solid waste; award 30 points per sozarce :Z• /Srttve use of —� suspected or cor�raied source has been dLscoatiaued or aM=e was caused by a one-time release of Product or waste, however• source continues to release product or contaminants into the envkm_ mmt; award 10 points per sou3ze 21�7MOh'IMhTAL VUIhTRAMLT7T ASS E5 ShM*N T A Verb=] Conta.'niaasit "g{ ation - Istera-ature.cr weD logs indtnte that no confLa- Ing 12Yer is present above bedrock or within twenty feet of land surer °� award 10 points total 10 23. Horizontal Contaminant Migration - Data ®r obse3vations indicate that ao dis- charge points or aquifer discontinuities e;dst between the source and the nearest downg7adient drinking water supply. award 10 points total 1L. Ddisting Croundwater Quality -?he worst case month or supply wet contains eantamiaant levels: 1. At Iess than 10 times the 2L Vv=dwater standards; award S points Between 10 and 100 time the 2L groundwater standards; award 20 Points - Q 3. Greater than 100 times the 2L greundwater standards: ivm d 40 points 3MGIOXAL OFFICE RBSPONSE a-E1TSR RA1VM TrItTliZ - (Site meets arty =g of the =U=W 1. Water supply weM(s) contamtrmted and no alternate water suppliesavaUbIL . Vapors present in confined areas at explosive or bealth concern kyela. . L Treated surface water supply in violation of the We V standards. •Wv0n4 _ I. Rater supply we11(s) contaminated, but alternate water supplies Ivan- . able. . - PAgge�9Ofgg Water SUM'' VMM(s) witbta ISM feet of site- but. not r==1m ted and r `� no alter�te vPat.c svpphes :vile, p� s s ,5 t7 �. � �c r c, �v� � � o� � �_. � ,•�.� � � c .�� 3- Vel"S present im C tned areas but not at ' e�epIostve or 3be9tb Coco= 1• No water supply WCn(s) mated. - 2. DPP suPP�c (s) Venter than ISM feet �-a� site, no alternate vrater a No water supply vvemIs) co an; mje& WRter le supply W63(s) vithta ISM fat of site but alternate water supplies araLzb- es No water suPPIY vveIlIs) con ta=truied or within ISDO feet of site. 2• Area seared by alternate water supply. TMAI., d'0=6 AWARDED 3 O M /Letter s e v r Southern States Cooperative, Inc. 6606 West Broad Street Post Office Box 26234 Richmond, Virginia 23260 Telephone 804 281-1000 Ct 'Co ftsot ®sN� & mrwr AMR ®g 1992 FJaruff Of fyy1Rourta "'0RfSVlllf 41 Mail §,®ff f y,,T �Cf March 2, 1992 Ms. Barbara Christian State of North Carolina Department of Environment, Mooresville Regional Office 919 North Main Street Mooresville, NC 28115 Dear Ms. Christian: C@5 Southern States Health and Natural Resources Please accept this letter as a report of the progress and accomplishments that have been obtained at our Statesville Fertilizer Plant since our meeting of October 31, 1991. 1. The NPDES Permit application was submitted as requested; however, the application was rejected with a recommendation that it be resubmitted using a newly created form. To satisfy the conditions of the application, it is necessary to conduct further analysis of the alternatives to discharge and provide that information with the application. The analyses are nearly complete; however, in order to obtain the permit, we must document that we have permission to construct any required discharge lines. Since this involves permission from several property owners, the required documentation is developing slowly. 2. A baseline sample from each of 15 wells was taken, analyzed and results submitted to your office by letter from Law Environmental to Christine DeRoller. Follow up quarterly sampling of selected wells is scheduled during the 2nd quarter of 1992. 3. The aquifer performance test has been performed and the results submitted to your office by letter dated December 11, 1991 from Law Environmental to Chris De Roller. 4. The conceptual design of the corrective action plan has progressed to a point that all the alternatives have been identified and analyzed. We are currently at an impasse until the NPDES issue is resolved. As soon as that issue is resolved, we will be ready to complete the plan and submit it to your office for review. (continued) FW/VW - Page 2 - 5. The pond closure is nearly complete. Final grading and seeding should be complete by mid -March, weather permitting. I believe the foregoing demonstrates that we are exerting a good faith effort to alleviate the problem. We appreciate your understanding and cooperation as we attempt to develop solutions to the unanticipated obstacles. Sincerely, 4� �� 0,4� 1-- "6 Hilton M. Withers Manager Environmental Affairs HMW/tf 1 N Rw-3 O ►83 LEGEn17 I / - O ROCK VJF 4j Apu i F E7z TEST A, mPi td b WELL 12:o ApnoKimA1E pOAI*J16 p¢Awoe�M Cnnt70U`2 .— — — tSTimA7E'D '3oUNORy aF '-ADIU9 aF LNFL-UENct S[fiLE l c100l loo souTtl�N 'ST►`tTGS ���TIt_1�4Z 1�LY�tiI� {�PP¢mclrnfl'i� �RAwAOwN CpxlTou►25 LAW ENYRONAENTAL, INC. A-T F_kD OF VXAWDootj PFM5C jin f�S�fI��C , ILIo�ZTr+ GR►'����►Jft (FaAc 0MM R� �a.•lE� CHARLOTTE. NORTH CAROLNA Sob No. 5(0- 1570 FiGuRE