HomeMy WebLinkAboutWQ0001492_Final Permit_20210913
September 13, 2021
J UAN P. S OMOANO V ICE P RESIDENT
O CCIDENTAL C HEMICAL C ORPORATION
5 G REENWAY P LAZA S UITE 110
H OUSTON, T EXAS 77046-0521
Subject: Permit No. WQ0001492
Elementis Chromium Castle
Hayne Manufacturing Facility
Surface Disposal of Residuals
New Hanover County
Dear Mr. Somoano:
In accordance with your permit renewal request received March 2, 2021, and subsequent additional
information received June 17, 2021, we are forwarding herewith Permit No. WQ0001492 dated September
13, 2021, to Occidental Chemical Corporation for the continued operation of the subject residuals
management program.
This permit shall be effective from the date of issuance through April 30, 2028, shall void Permit
No. WQ0001492 issued July 25, 2016, and shall be subject to the conditions and limitations as specified
therein. The Permittee shall submit a renewal application no later than November 2, 2027.
Please pay particular attention to the monitoring requirements listed in Attachments A and C for
they may differ from the previous permit issuance. Failure to establish an adequate system for collecting
and maintaining the required operational information shall result in future compliance problems.
Please note that on September 1, 2018, North Carolina Administrative Code Title 15A Subchapter
02T Waste not Discharged to Surface Waters was readopted. Accordingly, this permit incorporates the
requirements of these rules, therefore, please take the time to review this permit thoroughly.
The Division has removed the following permit conditions since the last permit issuance dated
July 25, 2016:
Old Condition II.14. This condition has been removed to the new Condition III.8.
Old Condition III.2. This condition has been removed.
Old Condition II.14. This condition has been replaced by Condition III.8.
Old Condition III.12. This condition has been removed because this permit is not voidable.
Old Conditions IV.10.b., c., and d. These conditions have been removed because
residuals/limestone tailings from Martin Marietta Materials, Inc. operations are no longer being
received and placed in the surface disposal units.
Mr. Juan P. Somoano
September 13, 2021
Page 2 of 3
Old Condition VI.2. This condition has been removed because this permit is not voidable.
The following permit conditions are new since the last permit issuance dated July 25, 2016:
Condition I.1. In the event that there are three successive exceedances of the groundwater
standards for Nickel and Chromium at a single monitoring well listed in Attachment C, the
Permittee shall submit a Comprehensive Site Assessment (CSA) addressing the cause,
significance, and extent of the groundwater contamination for these parameters.
Condition I.2. Upon Division-approval of the Comprehensive Site Assessment (CSA), the
Permittee may be required to prepare and submit an amendment to the July 1999 Corrective
Action Plan (CAP) for the restoration of groundwater quality pursuant to 15A NCAC 02L
.0106(h).
Condition I.3.c. The post-closure plan shall include a description of the system used to
monitor the air for methane gas in the air in any structures within the surface disposal unit
boundary and at the property line of the surface disposal unit, if applicable. Please note that
this is not applicable because there are no biological residuals placed in these units.
Condition II.6. An additional pollutant ceiling concentration has been added for if the distance
from the surface disposal unit boundary and the closest property line is 150 meters or greater.
Condition II.8. This condition used to be a part of Old Condition II.9. Please note that this
facility is exempt because it is not a biological residual.
Condition III.5. This condition used to be a part of Old Condition III.5.
Condition III.2.f. The approved Operation and Maintenance Plan shall include detailed
procedures for post-closure care management. Please note that this plan does not need to be
furnished now, but shall be provided in accordance with Condition I.3.
Condition III.8. This condition replaces and combines Old Conditions II.14. and III.13.
Condition III.10. New and expanding surface disposal units shall be provided with a liner
-7
system with a maximum hydraulic conductivity of 10 centimeters per second.
Condition III.12. The surface disposal sites shall meet the requirements specified by 40 CFR
503.24(a) as stated on January 1, 1996.
Condition III.13. The surface disposal sites shall not cause nuisance conditions.
Condition III.14. The surface disposal sites shall not cause contravention of surface water or
groundwater standards. This condition replaces Old Condition III.12.
Condition VI.6. The Permittee shall retain a set of Division-approved plans and specifications
for the life of the facilities permitted herein.
Condition VI.7. The Permittee shall maintain this permit until the proper closure of all
facilities permitted herein, or until the facilities permitted herein are permitted by another
authority.
Mr. Juan P. Somoano
September 13, 2021
Page 3 of 3
Condition VI.10. This permit shall not be renewed if the Permittee or any affiliation has not
paid the required annual fee.
If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding.
If you need additional information concerning this permit, please contact Erick Saunders at (919)
707-3659 or erickson.saunders@ncdenr.gov.
Sincerely,
S. Daniel Smith, Director
Division of Water Resources
cc: New Hanover County Health Department (Electronic Copy)
Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Steve Hart Hart & Hickman, PC (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
THIS PAGE BLANK
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
SURFACE DISPOSAL OF RESIDUALS PERMIT
_____________________________________________________________________________________
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Occidental Chemical Corporation
New Hanover County
FOR THE
continued operation of a residuals management program for Occidental Chemical Corporation and
consisting of the surface disposal of residuals generated by the approved facility listed in Attachment A to
the approved sites listed in Attachment B, with no discharge of wastes to surface waters, pursuant to the
application received March 2, 2021, subsequent additional information received June 17, 2021, and in
conformity with other supporting data subsequently filed and approved by the Department of
Environmental Quality and considered a part of this permit. The disposal of residuals is regulated under
Title 40 Code of Federal Regulations Part 257. This permit does not exempt the Permittee from complying
with Federal Regulation 40 CFR Part 257.
This permit shall be effective from the date of issuance through April 30, 2028, shall void Permit No.
WQ0001492 issued July 25, 2016, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. In the event that there are exceedances of the groundwater standards for Nickel and/or Chromium
during three successive semi-annual compliance sampling events at a single monitoring well located
within the compliance boundary as listed in Attachment C and Figure 1, beginning after the issuance
of this permit, the Permittee shall submit a Comprehensive Site Assessment (CSA) addressing the
cause, significance, and extent of the groundwater contamination for these parameters pursuant to the
requirements of 15A NCAC 02L .0106(g). This site assessment shall include:
a. The source and cause of the contamination;
b. Any imminent hazards to public health and safety;
c. All receptors and significant exposure pathways;
d. The horizontal and vertical extent of soil and groundwater contamination and all significant factors
affecting contaminant transport; and
e. Geological and hydrogeological features influencing the movement, chemical, and physical
character of the contaminants.
WQ0001492 Version 5.0 Shell Version 200201 Page 1 of 11
Work that is within the scope of the practice of geology and engineering, which involves site
assessment, the interpretation of subsurface geologic conditions, preparation of conceptual corrective
action plans or any work requiring detailed technical knowledge of site conditions shall be performed
by persons, firms or professional corporations who are duly licensed to offer geological or engineering
services. The CSA and supporting documentation shall be sent to the Division of Water Resources,
Non-Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-
Discharge.Reports@ncdenr.gov. \[15A NCAC 02L .0106(d), 02L .0106(g), 02L .0111, 02T
.0108(b)(1)(B)\]
2. Upon Division-approval of the Comprehensive Site Assessment (CSA), the Permittee may be required
to prepare and submit an amendment to the July 1999 Corrective Action Plan (CAP) for the restoration
of groundwater quality pursuant to 15A NCAC 02L .0106(h). Work which involves design of remedial
systems or specialized construction techniques shall be performed by persons, firms or professional
corporations who are duly licensed to offer engineering services. If the Division requires an amended
CAP, it shall include:
a. A description of the proposed corrective action and reasons for its selection;
b. Specific plans, including engineering details where applicable, for restoring groundwater quality;
c. A schedule for the implementation and operation of the proposed plan; and
d. A monitoring plan for evaluating the effectiveness of the proposed corrective action and the
movement of the contaminant plume.
The CAP amendment and supporting documentation shall be sent to the Division of Water Resources,
Non-Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-
Discharge.Reports@ncdenr.gov. \[15A NCAC 02L .0106(d)(2), 02L .0106(h), 02L .0111,
.0108(b)(1)(B)\]
3. 180 days prior to closing a surface disposal unit, a formal closure plan, post-closure management care
program, and implementation schedule shall be submitted. This information shall include:
a. A description of how the surface disposal unit will be closed;
b. A discussion of how the leachate collection system will be operated and maintained, if applicable;
c. A description of the system used to monitor the air for methane gas in the air in any structures
within the surface disposal unit boundary and at the property line of the surface disposal unit, if
applicable;
d. A discussion of how public access to the surface disposal unit will be restricted; and
e. Proof that the deed for the surface disposal unit property has been amended to provide permanent
written notification to subsequent owners of the property that the property was used for the purposes
of operating a surface disposal unit.
Sludge and Domestic Septage (EPA/625/R-The closure plan and supporting
documentation shall be submitted to the Division of Water Resources, Water Quality Permitting
Section, Non-Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617. \[15A NCAC
02T .1109(d)(3)\]
4. The Permittee shall request renewal of this permit on Division-approved forms no later than November
2, 2027. \[15A NCAC 02T .0105(b), 02T .0109\]
WQ0001492 Version 5.0 Shell Version 200201 Page 2 of 11
II. PERFORMANCE STANDARDS
1. The Permittee shall maintain and operate the subject residuals management program so there is no
discharge to surface waters, nor any contravention of groundwater or surface water standards. In the
event the residuals management program fails to perform satisfactorily, or the Permittee receives
notification from Elementis Chromium, L.P. that the residuals stabilization/conveyance facilities are
not operating satisfactorily, including the creation of nuisance conditions due to improper operation
and maintenance the Permittee shall immediately cease surface disposing residuals, take immediate
corrective actions, and contact the Wilmington Regional Office supervisor. \[15A NCAC 02T
.0108(b)(1)(A)\]
2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this residuals management program. \[15A NCAC 02T
.0108(b)(1)(A)\]
3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. \[15A NCAC 02C .0108\]
4. Only residuals generated by the facility listed in Attachment A are approved for surface disposal in
accordance with this permit. \[15A NCAC 02T .1101\]
5. Only the sites listed in Attachment B are approved for residuals surface disposal. \[G.S. 143-
215.1(a)(9)\]
6. Pollutant concentrations in surface disposal residuals shall not exceed the following Ceiling
Concentrations, on a dry weight basis:
Distance from Surface Disposal Unit Boundary Ceiling Concentration
to Closest Property Line (milligrams per kilogram)
1
(meters) Arsenic Chromium Nickel
0 to less than 25 30 200 210
25 to less than 50 34 220 240
50 to less than 75 39 260 270
75 to less than 100 46 300 320
100 to less than 125 53 360 390
125 to less than 150 62 450 420
Greater than 150 73 600 420
1
Residuals that exceed the ceiling concentration for chromium may be disposed of in the surface
disposal unit as long as they are determined to be non-hazardous under RCRA with respect to
chromium leachability as stipulated in Condition IV.2. and as long as the groundwater monitoring
program as stipulated in Attachment C of this permit demonstrates that the surface disposal unit is
not causing the assigned groundwater quality standards to be violated.
\[15A NCAC 02T .1105(d)\]
7. Biological residuals shall meet the pathogen reduction requirements in 15A NCAC 02T .1106.
Biological residuals placed in a surface disposal unit shall be exempt from meeting pathogen
requirements if the residuals are covered with soil or Division-approved material at the end of each
operating day. The pathogen reduction requirements in 15A NCAC 02T .1106(a)(2) and (b) shall not
apply for biological residuals generated from treatment of waste demonstrated not to contain pathogens.
Exemptions to this requirement shall be specified in Attachment A. \[15A NCAC 02T .1106(a), 02T
.1106(b), 02T .1106(c), 02T .1106(d)\]
WQ0001492 Version 5.0 Shell Version 200201 Page 3 of 11
8. Biological residuals shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T
.1107(a), or the Permittee shall cover the residuals with soil or Division-approved material at the end
of each operating day. The vector reduction requirements in 15A NCAC 02T .1107(a) shall not apply
for biological residuals generated from treatment of waste demonstrated not to contain pathogens or
meet the pathogen requirements in 15A NCAC 02T .1106(b)(2). Exemptions to this requirement shall
be specified in Attachment A. \[15A NCAC 02T .1107(a), 02T .1107(b), 02T .1107(c)\]
9. The facilities herein were permitted per the following setbacks:
a. The surface disposal sites were modified March 26, 1999. The setbacks for surface disposal sites
originally permitted or modified from February 1, 1993 to August 31, 2006 are as follows (all
distances in feet):
1
i. Each habitable residence or place of assembly under separate ownership: 400
ii. Each private or public water supply source: 100
iii. Surface waters: 100
iv. Groundwater lowering ditches: 25
v. Surface water diversions (upslope): 10
vi. Surface water diversions (downslope): 25
vii. Each well with exception of monitoring wells: 100
2
viii. Each property line: 50
ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15
x. Each water line: 10
xi. Each swimming pool: 100
xii. Public right of way: 50
xiii. Nitrification field: 20
xiv. Each building foundation or basement: 15
1
Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2
Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Permittee is leasing, owns both parcels separated by the property line.
\[15A NCAC 02H .0219(j)(5)\]
10. Surface disposal site Quarry I/Section I was permitted prior to December 30, 1983 and has a compliance
boundary that is either 500 feet from the surface disposal area, or at the property boundary, whichever
is closest to the surface disposal area. Any exceedance of groundwater standards at or beyond the
compliance boundary shall require corrective action. Division-approved relocation of the compliance
boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership
and permitted for use as a disposal system shall be treated as a single property with regard to
determination of a compliance boundary. \[15A NCAC 02L .0106(e), 02L .0107(a), 02T .0105(h), G.S.
143-215.1(i), G.S. 143-215.1(k)\]
11. Surface disposal site Quarry I/Section II was permitted on or after December 30, 1983 and has a
compliance boundary that is either 250 feet from the surface disposal area, or 50 feet within the property
boundary, whichever is closest to the surface disposal area. Any exceedance of groundwater standards
at or beyond the compliance boundary shall require corrective action. Division-approved relocation of
the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under
common ownership and permitted for use as a disposal system shall be treated as a single property with
regard to determination of a compliance boundary. \[15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T
.0105(h), G.S. 143-215.1(i), G.S. 143-215.1(k)\]
WQ0001492 Version 5.0 Shell Version 200201 Page 4 of 11
12. The review boundary is midway between the compliance boundary and the surface disposal area. Any
exceedance of groundwater standards at or beyond the review boundary shall require preventative
action. \[15A NCAC 02L .0106(d)(1), 02L .0108\]
13. No wells, excluding Division-approved monitoring wells, shall be constructed within the compliance
boundary except as provided for in 15A NCAC 02L .0107(g). \[15A NCAC 02L .0107\]
14. Only residuals that have been adequately stabilized with crushed limestone or other alkaline
amendment shall be disposed of in the surface disposal unit. The goal of the stabilization process, which
is performed by Elementis Chromium, L.P. as provided for in the originally executed Quarry License
Agreement, shall be to raise the residuals to the proper pH in order to render the chromium in the
residuals essentially immobile. \[15A NCAC 02T .0108(b)(1)(A)\]
15. Only residuals that are non-hazardous under the Resource Conservation and Recovery Act (RCRA)
shall be disposed of in the surface disposal unit. \[15A NCAC 02T .1101(8)\]
III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Permittee shall operate and maintain the residuals management program as a non-discharge system.
\[15A NCAC 02T .1100\]
2. The Permittee shall maintain a Division-approved Operation and Maintenance Plan that shall include:
a. Description of the program, and associated facilities and equipment, in sufficient detail to show
what operations are necessary for the program to function and by whom the functions are to be
conducted;
b. Description of anticipated maintenance of facilities and equipment associated with the program;
c. Include provisions for safety measures, including restriction of access to sites and equipment;
d. Spill control provisions:
i. Response to upsets and bypasses including control, containment, and remediation; and
ii. Contact information for plant personnel, emergency responders, and regulatory agencies;
e. Detailed sampling and monitoring procedures:
i. Names or titles of personnel responsible for conducting sampling and monitoring;
ii. Description of monitoring procedures including parameters to be monitored; and
iii. Sampling frequency and procedures to assure that representative samples are collected.
Fluctuation in temperature, flow, and other operating conditions can affect the quality of the
residuals gathered during a particular sampling event. The sampling plan shall account for any
foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to
meet pathogen and vector attraction reduction requirements.
f. Detailed procedures for post-closure care management. This plan shall be submitted 180 days prior
to closing of a surface disposal unit in concurrence with Condition I.3.
\[15A NCAC 02T .1110(a)\]
3.
classification of the residuals management program, the Permittee shall designate and employ a
certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs.
The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G 0204 and shall
comply with all other requirement in 15A NCAC 08G 0204. \[15A NCAC 02T .0117, 08G .0204\]
4. The Permittee shall ensure that a copy of this permit and the Division-approved Operation and
Maintenance Plan is available when disposing residuals. \[15A NCAC 02T .1110(b)\]
WQ0001492 Version 5.0 Shell Version 200201 Page 5 of 11
5. The Permittee shall ensure that spill control provisions are available when transporting or disposing
residuals. \[15A NCAC 02T .1110(a)(4)\]
6. Measures shall be taken to prevent wind erosion from residual surface disposal sites. \[15A NCAC 02T
.0108(b)(1)(A)\]
7. Freeboard in Quarry I/Section I and Quarry I/Section II shall not be less than two feet at any time. \[15A
NCAC 02T .0108(b)(1)(A)\]
8. Gauges to monitor waste levels in the Quarry I/Section I and Quarry I/Section II shall be provided.
These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments,
indicating the following elevations: maximum liquid level at the top of the temporary liquid storage
volume, and the lowest point on top of the dam. Freeboard levels in each of the referenced section of
the unit shall be monitored and recorded daily (i.e., excluding weekends and State Holidays). \[15A
NCAC 02T .1109(d)(1)(G)\]
9. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible. \[15A NCAC 02T
.0108(b)(1)(A)\]
10. New and expanding surface disposal units shall be provided with a liner system with a maximum
-7
hydraulic conductivity of 10 centimeters per second. \[15A NCAC 02T .1109(d)(1)(G)\]
11. Surface disposal units receiving liquid residuals shall be equipped with a decanting system. Supernatant
from the surface disposal unit shall be collected and returned to the wastewater treatment facilities
Permit No.
NC0003875) as necessary to maintain the required freeboard. \[15A NCAC 02T .1109(d)(1)(G)\]
12. The surface disposal sites shall meet the requirements specified by 40 CFR 503.24(a) as stated on
January 1, 1996. \[15A NCAC 02T .1109(d)(2)(A)\]
13. The surface disposal sites shall not cause nuisance conditions. \[15A NCAC 02T .1109(d)(2)(B)\]
14. The surface disposal sites shall not cause contravention of surface water or groundwater standards.
\[15A NCAC 02T .1109(d)(2)(C)\]
15. Runoff from a 24-hour 25-year storm event, and decant water shall be collected from surface disposal
units as required to maintain the required freeboard in accordance with Condition III.7. \[15A NCAC
02T .1109(d)(2)(D)\]
16. Public access to surface disposal units shall be restricted continuously. \[15A NCAC 02T
.1109(d)(2)(G)\]
17. Animals shall not be allowed to graze on surface disposal units. \[15A NCAC 02T .1109(d)(2)(H)\]
18. Food crops, feed crops, and fiber crops shall not be harvested from surface disposal units. \[15A NCAC
02T .1109(d)(2)(I)\]
19. Following active use, surface disposal units shall be closed. Permits for surface disposal units shall be
maintained for three years following successful closure. \[15A NCAC 02T .1109(d)(3)\]
20. The active surface disposal unit shall not restrict the flow of the base flood. \[15A NCAC 02T
.1109(c)(1)(E)\]
WQ0001492 Version 5.0 Shell Version 200201 Page 6 of 11
21. The active surface disposal unit shall not be located within an unstable area. \[15A NCAC 02T
.1109(c)(1)(C)\]
IV. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
\[15A NCAC 02T .0108(c)\]
2. The residuals from each source generating facility shall be analyzed to demonstrate they are non-
hazardous under the Resource Conservation and Recovery Act (RCRA). Residuals that test or are
classified as a hazardous or toxic waste under 40 CFR Part 261 shall not be surface disposed. The
analyses (i.e., corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure
(TCLP)) shall be performed at the frequency specified in Attachment A, and the Permittee shall
maintain these results for five years. Any exemptions from the requirements in this condition shall be
specified in Attachment A. The TCLP analysis shall include the following parameters, and the Federal
regulatory level (mg/L) is in parentheses:
Arsenic (5.0) 1,4-Dichlorobenzene (7.5) Nitrobenzene (2.0)
Barium (100.0) 1,2-Dichloroethane (0.5) Pentachlorophenol (100.0)
Benzene (0.5) 1,1-Dichloroethylene (0.7) Pyridine (5.0)
Cadmium (1.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0)
Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0)
Heptachlor (and its epoxide)
Chlordane (0.03) Tetrachloroethylene (0.7)
(0.008)
Chlorobenzene (100.0) Hexachlorobenzene (0.13) Toxaphene (0.5)
Chloroform (6.0) Hexachlorobutadiene (0.5) Trichloroethylene (0.5)
Chromium (5.0) Hexachloroethane (3.0) 2,4,5-Trichlorophenol (400.0)
m-Cresol (200.0) Lead (5.0) 2,4,6-Trichlorophenol (2.0)
o-Cresol (200.0) Lindane (0.4) 2,4,5-TP (Silvex) (1.0)
p-Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2)
Cresol (200.0) Methoxychlor (10.0)
2,4-D (10.0) Methyl ethyl ketone (200.0)
Once the residuals have been monitored for two years at the frequency specified in Attachment A, the
Permittee may submit a permit modification request to reduce the frequency of this monitoring
requirement. In no case shall the monitoring frequency be less than once per permit cycle.
\[15A NCAC 13A .0102(b), 02T .1111, 02T .1105\]
3. The residuals from each source generating facility shall be analyzed at the frequency specified in
Attachment A, and the Permittee shall maintain the results for a minimum of five years. Each analysis
shall include the following parameters:
Arsenic pH Nickel
Chromium Percent Total Solids
Solid Waste, Physical/Chemical Methods (SW-
Waste, for the analysis of the metal parameters. Analytical results
for the metal parameters shall be reported on a dry weight basis.
\[15A NCAC 02T .1111\]
WQ0001492 Version 5.0 Shell Version 200201 Page 7 of 11
4. Residuals generated by the approved residuals source-generating facility listed in Attachment A shall
be analyzed to demonstrate that they are non-hazardous under RCRA with respect to chromium
leachability (i.e., leachate from a TCLP analyzed for chromium only).
The following samples schedule shall be followed:
a. Grab sample: One per month, minimum.
b. Composite sample: One per month, minimum.
The results of all analytical determinations shall be maintained on file by the Permittee for a minimum
of five years and shall be submitted on a yearly basis to the following address:
Water Quality Regional Operations Section Supervisor
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
\[15A NCAC 02T .0108(b)(1)(A)\]
5. Residuals shall be monitored for compliance with pathogen and vector attraction reduction
requirements at the frequency specified in Attachment A. The monitoring results shall specify the
stabilization process utilized, and demonstrate compliance with the pathogen reduction requirements in
15A NCAC 02T .1106, and one vector attraction reduction requirement in 15A NCAC 02T .1107. Any
exemptions from the requirements in this condition shall be specified in Attachment A. \[15A NCAC
02T .1106, 02T .1107, 02T .1111(c)\]
6. Representative samples of residuals that are prepared for surface disposal shall be collected and
analyzed. \[15A NCAC 02T .1111(a)\]
7. Monitoring wells MW-1, MW-2, MW-3, MW-8, MW-9, MW-10, MW-11, MW-12, MW-13, MW-14,
MW-15, MW-16, MW-17, MW-18, MW-19, MW-20, MW-21, MW-22, MW-23, MW-24, MW-25,
MW-26, MW-27, and MW-28 shall be sampled at the frequencies and for the parameters specified in
Attachment C. All mapping, well construction forms, well abandonment forms and monitoring data
shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1.
\[15A NCAC 02T .0105(m)\]
8. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
\[15A NCAC 02T .0105(m)\]
9. The Permittee shall maintain records for all residual surface disposal events. These records shall
include the following:
a. Residuals source (as listed in Attachment A);
b. Date of surface disposal; and
c. Volume of residuals disposed per acre in gallons, cubic yards, dry tons, or wet tons.
\[15A NCAC 02T .0108(c)\]
WQ0001492 Version 5.0 Shell Version 200201 Page 8 of 11
10. Proper records shall be maintained by the Permittee tracking all residuals surface disposal events. These records
shall include, but are not necessarily limited to, the following information:
a. Date and freeboard level measurements in Quarry I/Section I and Quarry/Section II; of the surface disposal
unit;
b. Remaining volume in Quarry I/Section I and Quarry I/Section II of the surface disposal unit in
gallons or cubic yards (i.e., excluding freeboard); and
c. An estimate of the remaining useful disposal life for Quarry I/Section I and Quarry I/Section II of
the surface disposal unit in years (i.e., excluding freeboard).
\[15A NCAC 02T .0109(a)\]
st
11. One hard copy and one electronic copy of an annual report shall be submitted on or before March 1.
The annual report shall meet the requirements described in the Instructions for Residuals Application
Annual Reporting Forms. Instructions for reporting and annual report forms are available at
http://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/non-
discharge-permitting-unit/reporting-forms, or can be obtained by contacting the Non-Discharge Branch
directly. The annual report shall be submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
\[15A NCAC 02T .1111(d)\]
12. Noncompliance Notification
The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215,
within 24 hours of first knowledge of the:
a. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate residual treatment.
b. Any failure resulting in a discharge to surface waters.
c. Any time self-monitoring indicates the program has gone out of compliance with its permit
limitations.
d. Surface disposal of residuals abnormal in quantity or characteristic.
e. Any discharge from a vehicle or piping system transporting residuals.
Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All
noncompliance notifications shall file a written report to the REGION Regional Office within five days
of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure
the problem does not recur. \[15A NCAC 02T .0108(b)(1)(A)\]
WQ0001492 Version 5.0 Shell Version 200201 Page 9 of 11
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the storage and
surface disposal facilities. \[15A NCAC 02T .1110(f)\]
2. The Permittee shall inspect the residuals processing and surface disposal facilities to prevent
malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the
environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection
log that includes the date and time of inspection, observations made, and maintenance, repairs, or
corrective actions taken. The Permittee shall maintain this inspection log for a period of five years
from the date of inspection, and this log shall be made available to the Division upon request. \[15A
NCAC 02T .0108(b)(1)(A), 02T .1110(f)\]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property, premises, or place related to the surface disposal sites or facilities permitted herein at any
reasonable time for determining compliance with this permit. Division authorized representatives may
inspect or copy records maintained under the terms and conditions of this permit, and may collect
groundwater, surface water, or leachate samples. \[G.S. 143-215.3(a)(2)\]
VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a
Division enforcement action. \[G.S. 143-215.6A, 143-215.6B, 143-215.6C\]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division-approved plans and specifications. \[G.S. 143-215.1(d)\]
3. Unless specifically requested and approved in this permit, there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. \[15A
NCAC 02T .0105(n)\]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. \[15A NCAC 02T .0105(c)(6)\]
5. If the permitted residuals program change ownership, or the Permittee changes their name, the
Permittee shall submit a permit modification request on Division-approved forms. The Permittee shall
comply with all terms and conditions of this permit until the permit is transferred to the successor-
owner. \[G.S. 143-215.1(d3)\]
6. The Permittee shall retain a set of Division-approved plans and specifications for the life of the facilities
permitted herein. \[15A NCAC 02T .0105(o)\]
7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. \[15A NCAC 02T .0105(j)\]
WQ0001492 Version 5.0 Shell Version 200201 Page 10 of 11
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02T;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. thorized Department employees upon presentation of credentials:
i.
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d.
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
\[15A NCAC 02T .0110\]
9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
\[15A NCAC 02T .0120(b), 02T .0120(d)\]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
\[15A NCAC 02T .0120(c)\]
th
Permit issued this the 13 day of September 2021
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
____________________________________________
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0001492
WQ0001492 Version 5.0 Shell Version 200201 Page 11 of 11
THIS PAGE BLANK
1
5.0
of
1
data is
-
Rate
Page
Approved
nvironmental
Version:
Mineralization
E
, 6
no sampling
ates
&
4, 5
September 13, 2021
then
,
01492
None
United St
.
Monitoring
Pathogen
Frequency for
Reductions
Vector Attraction
WQ00
and IV.4
2
3, 5
IV.
s
Certification Date:
the annual report to
Metals and
Monitoring
Nutrients
Frequency for
See Table Below
that does not meet the requirements of 15A NCAC 02T
mixed with residuals that have been generated during the
Condition
Permit Number:
2
.
stewater
required to submit
hazardous
-
Annually
.
Monitoring
Frequency for
Non
Characteristics
provided they are not
,
1
)
0
0
ear)
IV.5
ear)
0
,
1
x Year
x Y
x Y
7
during an entire year when annual monitoring is required)
er Year 171,0001
s
)
Dry Tons
p
Maximum
(12
A
(c)
ays (6
permitted facility.d
occur
EPA for additional information
uarter (4
in Condition
60
.1111
US
No
each
Residuals
Biological
Attachment
from
Monitoring Frequency
Once per year (Annually)
Once per q
Once per Once per month
requirements
ontact the
(40 CFR 503 and 15A NCAC 02T
surface disposal
. C
Permit
Number
no
.
NC0003875
,
5
.
3
IV.
surface disposal
IV.
per year using the table below, unless specified above
New
County
Hanover
Disposed
< 319
disposed
Dry Tons
(short tons per year)
hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit
-
required sampling period (e.g.
.
RESIDUAL SOURCES
pathogen and vector attraction reduction
Chromium Castle
Facility Name
. The annual report shall include an explanation for missing sampling data. Those
Facility WWTP
Hayne Manufacturing
as stipulated under permit Condition
is the amount of residuals approved for
Elementis
may be required to make up the missed sampling
orporation
(metric tons)
APPROVED
15,000
5.0
events occur during a
A
< 290
exempt from meeting the
Disposed
106(d), .1107(b), and .1107(d)
Version
Total
gency (US EPA)
Owner
A
uring the period of inactivity
Dry Tons 01492
surface disposal
Maximum Dry Tons per Year Analyses to demonstrate that residuals are nonTesting of metals and nutrients Analyses of pathogen reductions as stipulated under permit Condition Monitoring
frequencies are based on the actual dry tons Residuals are treatment of domestic wastewater, the treatment of animal processing wastewater, or the biological treatment of industrial
wa.1106(c), .1
Elementis Chromium, L.P.
rotection
ATTACHMENT Occidental Chemical C 1.2.3.4.5.6.If no required dP WQ00
THIS PAGE BLANK
1
5.0
of
1
Page
Version:
Footnotes
September 13, 2021
01492
WQ00
N/AN/A
Certification Date:
Dominant Soil Series
Permit Number:
Net
96.070.6
166.6
Acreage
77.867846°77.872210°
Longitude
--
Latitude
34.371511°34.365346°
Attachment B
County
New HanoverNew Hanover
SITES
Lessee
SURFACE DISPOSAL
Owner
APPROVED
Occidental Chemical CorporationOccidental Chemical Corporation
5.0
Version
Field
Total
01492
Quarry I / Section I
Quarry I / Section II
ATTACHMENT B Occidental Chemical Corporation WQ00
THIS PAGE BLANK
2
-
5.0
of
1
, 4
Page
19, MW
, 4, 4, 4, 4, 4, 4
-
111111
Version:
1, 2, 3
Footnotes
MW
September 13, 2021
18,
-
01492
17, MW
WQ00
-
top of the casing. The measurement of
GrabGrabGrabGrabGrabGrab
Calculated
16, MW
-Sample Type
Certification Date:
Permit Number:
15, MW
-
MONITORING REQUIREMENTS
14, MW
measuring point for each monitoring well. The measuring points (top of
-
Measurement
x Yearx Yearx Yearx Yearx Yearx Yearx Year
2222222
and this attachment.
1
13, MW
-
Frequency
C
12, MW
-
S
g/Lg/Lg/L
su
N
feet
µµµ
mg/Lmg/L
O
28
-
I
T
11, MW
A
-
Attachment
T
I
M
I
L
10, MW
Daily Maximum
-
27, and MW
D
-
8.5
N-
10
250300100500
A
6.5
G
GROUNDWATER STANDARDS
9, MW
-
N
I
26, MW
-
R
.
O
T
8, MW
I
-
N
25, MW
O
-
M
pling for the remaining parameters.
3, MW
R
-
and November
E
T
24, MW
July
-
A
1S6S7S8S9S5S
9D2D
13S14S15S10S
10D-12D13D14D15D-----
--
8DR
----
-----
-
W
2, MW
180 ºC
-
D
-
CPWCPWCPWCPWCPWCPW
CPWCPW
N
CPWCPWCPWCPW
CPWCPWCPWCPWCPW
CPW
Facility ID
ls shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the
U
23, MW
-
O
conducted in
1, MW
-
R
Parameter Description
G
MW
5.0
shall be
22, MW
C
-
12389
10111213141516171819202122
-----
-------------
monitoring wells shall be surveyed relative to a common datum.
Chloride (as Cl)Chromium, Total (as Cr)Iron, Total (as Fe)Nickel, Total (as Ni)pHSolids, Total Dissolved Water Level, Distance from measuring point
Version
MWMWMWMWMW
MWMWMWMWMWMWMWMWMWMWMWMWMW
sampling
Permit ID
21, MW
GROUNDWATER CHARACTERISTICS
-
01492
x Year
2The measurement of water levepH shall be made after purging and prior to samThe measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative
elevation of the casing) of all Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure
00940010340104501067004007030082546
PCS Code
ATTACHMENT Occidental Chemical CorporationMonitoring Wells: 20, MW 1.2.3.4.WQ00
2
-
5.0
of
2
Page
19, MW
-
Version:
MW
September 13, 2021
18,
-
01492
17, MW
WQ00
-
16, MW
-
Certification Date:
Permit Number:
15, MW
-
14, MW
-
13, MW
-
C
12, MW
-
S
N
O
28
-
I
T
11, MW
A
-
Attachment
T
I
M
I
L
10, MW
-
27, and MW
D
-
N
A
G
9, MW
-
N
I
26, MW
-
R
O
T
8, MW
I
-
N
25, MW
O
-
M
3, MW
R
-
E
T
24, MW
-
A
3D4D5D6D7D
12S
-----
-
W
2, MW
-
D
CPWCPWCPWCPWCPW
N
CPW
U
23, MW
-
O
1, MW
-
R
G
MW
5.0
22, MW
C
-
232425262728
------
Version
MWMWMWMWMWMW
21, MW
-
01492
ATTACHMENT Occidental Chemical CorporationMonitoring Wells: 20, MW WQ00
FVOFm03I
LL
LU
S r Z N
jI I >>aI >> >m�U >oaodI�I>❑arv/� �/I�>❑a � \ � >❑a a�.II'>oa>>>>aU
>�U>>z z z z z z z z
�'
IW�`!os ♦� %Ni/
/IV��I♦
t ./y■
l♦¢r,
oWW
SJ
CRo
GEII;❑�O❑�N
.
C�REEI( oz�JPJjO=JIa
�oN= Poe6u7°
�o
a�O
a
rTOM w�O ll� �$ Z°W
mmoN❑❑❑❑o❑N o
♦aUaUaUumUUUUU 0Ld
Mamm Q>a =Du
ujOl
m
1.
o
zo
o
411, o\Ho IT
p
ol
Mom —
a
o
o _
o
��
o.
o°
<
/of \>
a y/J aQ O<
W oO
O
o w
lo WLL w w. aw m. ww
aF
w��
d
Qo
o
� III I i I