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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 This condition has been replaced by Condition III.8.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