NC0003875_Owner (Name Change)_20030527

NPDES DOCUMENT SCANNING COVER SHEET
NC0003875
Elementis Chromium WWTP
NPDES Permit:
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Correspondence
Owner Name Change
Staff Comments
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
May 27, 2003
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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
May 27, 2003
RICHARD LOWERY
ELEMENTIS CHROMIUM LP
5408 HOLLY SHELTER ROAD
CASTLE HAYNE, NC 28249
,Ao-a
144CDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: NPDES Permit Modification -Name and/or Ownership Change
Permit Number NC0003875
Elementis Chromium LP
Occidental Chemical Corporation
New Hanover County
Dear Permittee:
In accordance with your request received December 12, 2002, the Division is forwarding the subject permit
modification. This modification documents the change in the ownership of the subject facility. All other terms and
conditions in the original permit remain unchanged and in full effect. This permit modification is issued under 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 December 6, 1983.
This permit modification does not affect the legal requirement to obtain other permits which may be
required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act, or any
other Federal or Local government permit that may be required. If you have any questions concerning this permit,
please contact Valery Stephens at the telephone number or address listed below.
Sincerely,
for Alan W. Klimek, P.E.
cc: Central Files
Wilmington Regional Office, Water Quality Section
NPDES Unit Files
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] FAX [phone]
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Permit Number NC0003875
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,
Elementis Chromium LP
is hereby authorized to discharge wastewater from a facility located at
Elementis Chromium LP
5408 Holly Shelter Road
Castle Hayne
New Hanover County
to receiving waters designated as Northeast Cape Fear in the Cape Fear 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 May 27, 2003.
This permit and authorization to discharge shall expire at midnight on January 31, 2007.
Signed this day May 27, 2003.
an W. Klimek, P.E., Dir ctor
Division of Water Quality
By Authority of the Environmental Management Commission

Permit Number NC0000000
SUPPLEMENT TO PERMIT COVER SHEET
Elementis Chromium LP, is hereby authorized to:
1. Continue to operate the existing process wastewater treatment facility with the following
components:
• Storage tank
• Six (6) batch reactors
• Recirculation/equalization tank
• A series of three (3) hydrocyclones followed by
• A series of three (3) polymer feed systems/thickeners
• Clarifiers pressure sand filters
• Optional sulfur dioxide feed
• One (1) sludge mixing tank for the addition of crushed limestone
• Approximately 3,880 linear feet of 5-inch force main
• All associated piping, valves, and fittings for the final disposal of residual solids from the
Elementis wastewater facility
• Through outfall 001, and
2. Continue to operate the domestic wastewater treatment facility consisting of dual train extended
aeration package plants with effluent disinfection by tablet chlorination with discharge through outfall
002, and
3. Discharge from said treatment works at the location specified on the attached map into Northeast
Cape Fear, classified B Swamp waters in the Cape Fear River Basin.

Latitude:
Longitude:
Quad Number.
Stream Class:
Receiving Stream:
Facility Information
34°22' 34"
77°51' 55"
J27SE
B-Swannp
Northeast Cape Fear River
Sub -Basin:
03-06-23
Elementis Chromium LP
NC0003875 •
New Hanover County

WAT
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
MR. FRANK R. BARONE, SITE MANAGER
OCCIDENTAL CHEMICAL CORPORATION
POST OFFICE BOX 368
CASTLE HAYNE, NORTH CAROLINA 28429
Dear Mr. Barone:
December 30, 2002
JAN 1 4 2003
Subject: Permit LNo-WQ0001492
Occidental Chemical Corporation
Castle Hayne, NC Manufacturing Facility (SDU)
Surface Disposal of Residual Solids (503 Exempt)
New Hanover County
In accordance with your renewal application received on December 31, 2001, we are forwarding
herewith Permit No. WQ0001492, dated December 30, 2002, to Occidental Chemical Corporation for the
continued operation of residuals stabilization/conveyance facilities and a surface disposal unit at its Castle
Hayne, NC Manufacturing Facility.
This permit shall be effective from the date of issuance until November 30, 2007; shall void
Permit No. WQ0001492, issued on March 26, 1999; and shall be subject to the conditions and limitations
as specified therein.
This permit approves the continued operation of the subject wastewater residuals surface disposal
unit for another five-year cycle. However, please take the time to review this permit thoroughly as
some of the conditions contained therein may have been added, changed, or deleted since this permit
was last issued. Of special interest are the following conditions (i.e., non -inclusive list):
• The Division of Water Quality (Division) implemented the use of a new database system in
May 2001. Condition I. 1. requests that certain information required for entry into this
database be submitted to the Division within a 90-calendar day time period.
• Because it is the Division's understanding that Occidental Chemical Corporation sold certain
assets at the Castle Hayne, NC Manufacturing Facility to Elementis Chromium, L.P. on
December 6, 2002, Condition I. 2. delineates very specific requirements for the preparation
and submission of a permit application package to request that certain minor modifications be
made to this permit that reflect the nature of the asset purchase by Elementis Chromium, L.P.
• Condition I. 10. requires that level gauges to monitor freeboard levels in both sections of the
surface disposal unit be installed within 90 calendar days if they are not already existing.
• Condition IV. 1. states that results from sampling events conducted at groundwater
monitoring wells associated with monitoring the progress of a corrective action plan (CAP)
that was approved by the Division in 1999 are no longer required to be submitted for the
purpose of permit compliance. Please note that the groundwater monitoring program
approved under the CAP should proceed as stipulated under the Division's approval.
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
DENR Customer Service Center
An Equal Opportunity Action Employer
arli
NLDENR
Internet httpJ/h2o.enr.state.nc.us/ndpu
Telephone [phone] Fax [phone]
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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. Please also make note of this permit's expiration date and the fact that a permit
renewal is due to the Division no later than six months prior to that date, as the Division does not send
reminders to apply for permit renewal.
If any parts, requirements, or limitations contained in this permit are unacceptable, 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, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need any additional information concerning this matter, please contact Ms. Shannon Mohr
Thornburg by telephone at [phone], extension 353, or via e-mail at
[e-mail].
fa Alan W. Klimek, P.E.
cc: Mr. Gene F. Renzaglia, Elementis Chromium, L.P.
New Hanover County Health Department
Mr. Tracy E. Davis, P.E., NCDENR-DLR (Land Quality Section/Mining Program)
Ms. Natalie Sierra. Central Office-NPDES Unit'
Central Office -Groundwater Section
Wilmington Regional Office -Water Quality Section
Wilmington Regional Office -Groundwater Section
Technical Assistance and Certification Unit
Water Quality Central Files
NDPU Files
NDPU Residuals Program Coordinator
2

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SURFACE DISPOSAL OF RESIDUAL SOLIDS (503 EXEMPT) 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 stabilization/conveyance. facilities consisting of the following minimum
components: a stabilization tank for mixing residuals with crushed limestone or other alkaline
amendment; approximately 3,880 linear feet of five -inch above -ground force main to convey stabilized
residuals to and provide proper distribution of stabilized residuals throughout the surface disposal unit; as
well as all associated piping, valves, electrical and instrumental/control systems, and other appurtenances
necessary to make complete and functional residuals stabilization/conveyance facilities AND
continued operation of a surface disposal unit consisting of the following minimum components: one
96.0-acre section known as Quarry I/Section I with the total net capacity of 4,177,787 cubic yards (i.e.,
439,188 cubic yards of net capacity remaining as of December 31, 2001), one 70.6-acre section known as
Quarry I/ Section II with the total net capacity of 3,341,817 cubic yards (i.e., 2,857,631 cubic yards of net
capacity remaining as of December 31, 2001); as well as all associated piping, valves, electrical and
instrumental/control systems, and other appurtenances necessary to make a complete and functional
surface disposal unit for the disposal of up to 171,000 dry tons per year of material (i.e., stabilized
residuals from Occidental Chemical Corporation's Castle Hayne, NC Manufacturing Facility located at
5408 Holly Shelter Road and limestone tailings from the adjacent Martin Marietta Materials, Inc. mining
operation).
The activities associated with the residuals stabilization/conveyance facilities and surface disposal unit
shall not result in a discharge of wastes to the surface waters; shall be pursuant to the permit renewal
application received on December 31, 2001; and shall be in conformity with the project plans,
specifications, and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until November 30, 2007; shall void
Permit No. WQ0001492, issued on March 26, 1997; and shall be subject to the following specified
conditions and limitations:
1

I. PERFORMANCE STANDARDS
1. Within 30 calendar days of this permit's issuance, the Permittee shall submit a letter, signed
by a principal executive officer of at least the level of vice president with the Permittee, that
specifically delegates the new signing official/responsible party for the purpose of this
permit's reissuance and subsequent compliance (i.e., Mr. Frank R. Barone, Site Manager).
One copy of the requested information shall be submitted to the NCDENR-DWQ, Water
Quality Section, Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC
27699-1617.
2. Within 30 calendar days of this permit's issuance, the Permittee shall provide information
regarding the latitudes and longitudes of the approximate center of Quarry I/Section I and
Quarry I/Section II of the surface disposal unit. The Permittee shall also indicate the method
used, which data set (i.e., NAD 27 or NAD 83) was used, and the accuracy used to obtain the
latitude and longitude information. One copy of the requested information shall be submitted
to the NCDENR-DWQ, Water Quality Section, Non -Discharge Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699-1617.
3. It is the Division of Water Quality's (Division) understanding that the Permittee sold certain
assets at the Castle Hayne, NC Manufacturing Facility to Elementis Chromium, L.P. on
December 6, 2002. Specifically, Elementis Chromium, L.P. has purchased all above -ground
assets, including the manufacturing facility, the wastewater treatment facilities permitted
under NPDES Permit No. NC0003875, and the residuals stabilization/conveyance facilities.
The Permittee has retained ownership of all land, including various groundwater remediation
and monitoring facilities and the surface disposal unit.
As such, Elementis Chromium,. L.P. intends to submit a permit application package to the
Division's NPDES Unit to request that the following minor modifications be made to NPDES
Permit No. NC0003875:
a. Reflection of the transfer of ownership of the wastewater treatment facilities from the
Permittee to Elementis Chromium, L.P.;
b. Inclusion of the residuals stabilization/conveyance facilities in the description of the
permitted wastewater treatment facilities; and
c. Allowance of continued discharge of remediated groundwater and surface disposal unit
supernatant from facilities permitted to the Permittee to the permitted wastewater
treatment facilities.
Within 30 calendar days of receiving acknowledgement that Elementis Chromium, L.P. has
successfully modified NDPES Permit No. NC0003875, the Permittee shall submit a permit
application package to request that the following minor modifications be made to this permit:
a. Delete all references to the residuals stabilization/conveyance facilities and
b. Change the owner name for the permitted residuals source -generating facility in
Condition I. 6. from the Permittee to EIementis Chromium, L.P.
Submit four copies of a permit application package that consists of the following minimum
components to the NCDENR-DWQ, Water Quality Section, Non -Discharge Permitting Unit,
1617 Mail Service Center, Raleigh, NC 27699-1617:
a. A cover letter that describes in detail the requested permit modifications;
b. A copy of the modified NPDES Permit No. NC0003875; and
2

c. A copy of any memorandum of agreement or other contractual agreement that stipulates
how the Permittee and Elementis Chromium, L.P. will cooperate to ensure that all
conditions of this permit, including the required non-compliance notification, are met.
4. The residuals stabilization/conveyance facilities and surface disposal unit shall be effectively
maintained and operated as a non -discharge system to prevent the discharge of any wastes
resulting from the operation of the unit.
5. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface waters or groundwater resulting from the operation of the residuals
stabilization/conveyance facilities and/or surface disposal unit.
6. In the event that the residuals stabilization/conveyance facilities and/or surface disposal unit
are not operated satisfactorily, including the creation of nuisance conditions, the Permittee
shall cease stabilizing residuals, conveying residuals to the unit, and/or disposing of the
residuals in the unit as appropriate, contact the Water Quality Section of the Division's
Wilmington Regional Office, and take any immediate corrective actions as may be required
by the Division.
7. No residuals other than those generated by the following residuals source -generating facilities
shall be approved for disposal in the surface disposal unit in accordance with this permit:
Source County Permit Number Maximum Dry Tons per Year
Occidental Chemical Corporation - Castle Hayne, NC Manufacturing Facility:
New Hanover NPDES Permit No. NC0003875 171,000b
a A limited amount of limestone tailings from the Martin Marietta Materials, Inc. mining
operation located adjacent to the Permittee's Castle Hayne, NC Manufacturing Facility
may be disposed of in the surface disposal unit. Only limestone tailings from Martin
Marietta Materials, Inc. mining operation that would ordinarily be disposed of in its
primary disposal facility as approved by the North Carolina Division of Land Resources
shall be disposed of in the unit. Disposal events shall only occur when Martin Marietta
Materials, Inc.'s primary disposal facility is not available and shall not cause the
Permittee to exceed the 171,000-maximum dry ton per year residuals production/disposal
rate. Specifically, this rate is the maximum that shall be allowed for disposal in the unit
by both the Permittee and Martin Marietta Materials, Inc.
The 171,000-dry ton per year maximum residuals production/disposal rate includes
residuals and the crushed limestone or other alkaline amendment added to the residuals
for the purpose of residuals stabilization.
8. Only residuals that have been adequately stabilized crushed limestone or other alkaline
amendment shall be disposed of in the surface disposal unit. The goal of the stabilization
process shall be to raise the residuals to the proper pH in order to render the chromium in the
residuals essentially immobile.
9. Only residuals that are non -hazardous under the Resource Conservation and Recovery Act
(RCRA) shall be disposed of in the surface disposal unit.
3

10. The pollutant concentrations in the residuals that will be disposed of in the surface disposal
unit shall not exceed the following Ceiling Concentrations (i.e., dry weight basis):
Parameter
Ceiling Concentration
(milligrams per kilogram)
Arsenic
30
Chromiuma
200
Nickel
210
a
Residuals that exceed the ceiling concentration for chromium may be disposed of in the
surface disposal unit as long as that they are determined to be non -hazardous under
RCRA with respect to chromium leachability as stipulated in Condition III. 3. and as long
as the groundwater monitoring program as stipulated in Condition IV. 1. a. demonstrates
that the surface disposal unit is not causing the assigned groundwater quality standards to
be violated.
11. Level gauges shall be maintained at all times to monitor freeboard levels in Quarry I/Section I
and Quarry I/Section II of the surface disposal unit.
If not already existing, level gauges that meet the criteria for monitoring freeboard levels as
stipulated in Condition II. 4. shall be installed in Quarry I/Section I and Quarry I/Section II of
the surface disposal unit within 90 calendar days of this permit's issuance. Care shall be
taken not to damage the integrity of the unit when installing the gauge. A certification from a
North Carolina -licensed professional engineer shall serve as proof of compliance with this
condition.
12. The following buffer zones shall be maintained:
a. 50 feet between the residuals stabilization/conveyance facilities and any property line;
b. 400 feet between an active surface disposal unit and any habitable residence;
c. 100 feet between an active surface disposal unit and any public or private water supply
source, all streams classified as WS or B, waters classified as SA or SB and any Class I
or Class II impounded reservoir used as a source of drinking water;
d. 100 feet between an active surface disposal unit and any stream, lake, river, or natural
drainage way;
e. 50 feet between an active surface disposal unit and property lines (if the original permit
was issued with the buffer distance to property line as 100 feet, updated maps must be
submitted and new acreage delineated for the buffer to be reduced);
f. 10 feet between an active surface disposal unit and any interceptor drains or surface water
diversions (upslope);
25 feet between an active surface disposal unit and any interceptor drains or surface water
diversions (downslope); and
h. 25 feet between an active surface disposal unit and any groundwater lowering and surface
drainage ditches.
g.
4

Some of the buffers specified above may not have been included in previous permits for this
surface disposal unit. These buffers are not intended to prohibit or prevent modifications that
are required by the Division to improve performance of the existing unit. These buffers do,
however, apply to modifications of the unit. These buffers do also apply to any expansion or
modification of the unit and apply in instances in which the sale of property would cause any
of the buffers now complied with, for the surface disposal unit, to be violated. The Permittee
is advised that any modifications to the existing surface disposal unit shall require a permit
modification.
13. The surface disposal unit shall not be located in an unstable area.
14. The surface disposal unit shall not restrict the flow of a base flood.
II. OPERATION AND MAINTENANCE REOUIREMENTS
1. The residuals stabilization/conveyance facilities and the surface disposal unit shall be
properly maintained and operated at all times.
2. Upon classification by the Water Pollution Control System Operators Certification
Commission (WPCSOCC), the Permittee shall designate and employ a certified operator to
be in responsible charge (ORC) and one or more certified operator(s) to be back-up ORC(s)
of the residuals stabilization/conveyance facilities and surface disposal unit in accordance
with 15A NCAC 8G .0201. The ORC shall visit the facilities and unit in accordance with
15A NCAC 8G .0204 or as specified in this permit and shall comply with all other conditions
specified in these rules.
3. A copy of this permit shall be maintained on site when residuals are being stabilized,
conveyed, and/or disposed of in the surface disposal unit during the life of this permit. A
spill prevention and control plan shall be maintained on site at all times.
4. Freeboard in Quarry I/Section I and Quarry I/Section II of the surface disposal unit shall not
be less than two feet at any time. The freeboard levels in each of the referenced lagoons shall
be monitored by an individual level gauge that has readily visible permanent markings
indicating the maximum liquid level at the top of the temporary liquid storage volume,
minimum liquid level at the bottom of the temporary liquid storage volume, and top of the
dam elevations. Freeboard levels in each of the referenced sections of the unit shall be
monitored and recorded daily (i.e., excluding weekends and State holidays).
5. Supernatant from the surface disposal unit shall be collected and returned to the wastewater
treatment facilities serving the Permittee's Castle Hayne, NC Manufacturing Facility as
necessary to maintain the required freeboard.
6. Adequate provisions shall be taken to prevent wind erosion from conveying pollutants or
residuals from the surface disposal unit onto the adjacent property or into any surface waters.
7. Adequate provisions shall be taken to prevent any surface runoff from occurring from the
surface disposal unit. If runoff cannot be prevented, a collection system shall be installed
with the capacity to handle runoff from a 24-hour, 25-year storm event. All collected runoff
shall be disposed in a manner approved by the Division.
5

8. A protective vegetative cover shall be established and maintained on the embankments of
Quarry I/Section I and Quarry I/Section II of the surface disposal unit (i.e., outside toe of
embankment to maximum liquid level), berms, pipe runs, erosion control areas, and surface
water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on
the unit dikes or embankments. All embankment areas shall be kept mowed or otherwise
controlled and accessible.
9. Food crops, feed crops, and/or fiber crops shall not be grown on the surface disposal unit,
unless approval has been requested and received from the Division.
10. Animals shall not be grazed on the surface disposal unit, unless approval has been requested
and received from the Division.
11. Appropriate measures shall be taken to control public access to the surface disposal unit
during active use and for the 36-month period following closure of the surface disposal unit.
Such controls may include fencing and the posting of signs indicating the activities being
conducted at the unit.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division to insure protection of the environment shall be
established and an acceptable sampling and reporting schedule shall be followed.
Residuals generated by the approved residuals source -generating facility listed in Condition I.
6. shall be analyzed to demonstrate that they are non -hazardous under RCRA annually. A
corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching
Procedure (TCLP) analysis shall be conducted on residuals generated by each approved
residuals source -generating facility. If residuals generated by a particular residuals source -
generating facility are disposed of in the surface disposal unit at a frequency less than
annually, the analyses shall be required for each disposal event. The results of all analytical
determinations shall be maintained on file by the Permittee for a minimum of five years.
The TCLP analysis shall include the following parameters (i.e., note the regulatory level in
milligrams per liter in parentheses):
Arsenic (5.0)
Barium (100.0)
Benzene (0.5)
Cadmium (1.0)
Carbon tetrachloride (0.5)
Chlordane (0.03)
Chlorobenzene (100.0)
Chloroform (6.0)
Chromium (5.0)
m-Cresol (200.0)
o-Cresol (200.0)
p-Cresol (200.0)
Cresol (200.0)
2,4-D (10.0)
1,4-Dichlorobenzene (7.5)
1,2-Dichloroethane (0.5)
1,1-Dichloroethylene (0.7)
2,4-Dinitrotoluene (0.13)
Endrin (0.02)
Nitrobenzene (2.0)
Pentachlorophenol (100.0)
Pyridine (5.0)
Selenium (1.0)
Silver (5.0)
Hexachlorobenzene (0.13) • Tetrachloroethylene (0.7)
Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5)
Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5)
Hexachloroethane (3.0)
Lead (5.0)
Lindane (0.4)
Mercury (0.2)
Methoxychlor (10.0)
Methyl ethyl ketone (200.0)
2,4,5-Trichlorophenol (400.0)
2,4,6-Trichlorophenol (2.0)
2,4,5-TP (Silvex) (1.0)
Vinyl chloride (0.2)
6

3. Residuals generated by the approved residuals source -generating facility listed in Condition I.
6. 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 sampling schedule shall be followed:
a. Grab sample: One per week, minimum.
b. Composite sample: One per week, 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 monthly basis to the following address:
Water Quality Regional Supervisor
Wilmington Regional Office
NCDENR-DWQ
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
4. A representative analysis shall be conducted on residuals generated by the approved residuals
source -generating facility listed in Condition I. 6. monthly by the Permittee, and the results of
all analytical determinations shall be maintained on file by the Permittee for a minimum of
five years. The analysis shall include but is not necessarily limited to the following
parameters:
Arsenic
Nickel
pH
Chromium
Percent Total Solids
The Permittee may utilize test methods in the most -recent update of the document entitled
"Test Methods for Evaluating Solid Waste, PhysicallChemical Methods (SW-846),"
published by the United States Environmental Protection Agency's Office of Solid Waste, for
the analysis of the metal parameters. Analytical results for the metal parameters shall be
reported on a dry weight basis.
5. Laboratory analyses as required by Condition III. 1, Condition III: 2., Condition III. 3., and
Condition DI. 4. shall be performed/gathered on the residuals as they are to be disposed of in
the surface disposal unit (i.e., residuals that have been stabilized with crushed limestone or
other alkaline amendment). Furthermore, analytical determinations made pursuant to the
monitoring and reporting requirements of this permit shall be made by a laboratory certified
by the Division for the required parameter(s) under 15A NCAC 2H .0800 or 15A NCAC 2H
.1100.
6. Proper records shall be maintained by the Permittee tracking all disposal activities associated
with the surface disposal unit. All records shall be kept by the Permittee for a minimum
period of five years from the date of disposal. These records shall include, but shall not
necessarily be limited to, the following information:
a. Date and freeboard Ievel measurements in Quarry I/Section I and Quarry/Section II; of
the surface disposal unit;
b. Source and date of disposal in the surface disposal unit for the residuals or limestone
tailings from the adjacent Martin Marietta Materials, Inc. mining operation;
c. Volume of residuals or limestone tailings from the adjacent Martin Marietta Materials,
Inc. mining operation disposed of in Quarry I/Section I and Quarry. I/Section II of the
surface disposal unit in gallons per year, dry tons per year, or kilograms per year,
7

d. Cumulative volume of residuals or limestone tailings from the adjacent Martin Marietta
Materials, Inc. mining operation disposed of in Quarry I/Section I and Quarry I/Section II
of the surface disposal unit in gallons or cubic yards (i.e., excluding freeboard);
e. Remaining volume in Quarry USection I and Quarry I/Section II of the surface disposal
unit in gallons or cubic yards (i.e., excluding freeboard); and
f. 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).
7. Three copies of all required monitoring and reporting requirements as specified in Condition
III. 1., Condition III. 2., Condition III. 3., Condition III. 4., Condition III. 5., and Condition
III. 6. shall be submitted annually on or before March 1st of the year following the disposal
event to the following address:
NCDENR-DWQ
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
8. Noncompliance Notification:
The Permittee shall report by telephone to the Water Quality Section of the Division's
Wilmington Regional Office, telephone number [phone], 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 with surface disposal activities that results in the disposal of significant
amounts of wastes that are abnormal in quantity or characteristic.
b. Any failure of the surface disposal activities resulting in a release of material to receiving
waters.
c. Any time that self -monitoring information indicates that the surface disposal unit has
gone out of compliance with the conditions and limitations of this permit or the
parameters on which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that renders the surface
disposal unit incapable of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals to the
surface disposal unit.
Persons reporting such occurrences by telephone shall also file a written report in letterform
within five 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.
8

IV. GROUNDWATER REQUIREMENTS
1. Sampling Requirements:
a. Sampling results from groundwater monitoring wells shall be reported according to the
designations as follows (i.e., per a previous correspondence dated December 16, 1997
from the Division to the Permittee):
Previous
Designation
Current
Designation
Previous
Designation
CPW-7S
Current
Designation
MW-17
CPW-13S
MW-1
CPW-14S
MW-2
CPW-8S
MW-18
CPW-15S
MW-3
CPW-9S
MW-19
CPW-8DR
MW-8
CPW-10S
MW-20
CPW-9D
MW-9
CPW-5S
MW-21
CPW-10D
MW-10
CPW-2D*
MW-22*
CPW-1S*
MW-11*
CPW-3D*
MW-23*
CPW-12D
MW-12
CPW-4D*
MW-24*
CPW-13D
MW-13
CPW-5D
MW-25
CPW-14D
MW-14
CPW-6D
MW-26
CPW-15D
MW-15
CPW-7D
MW-27
CPW-6S
MW-16
CPW-12S
MW-28
* Sampling and reporting of sampling results from these wells shall not be required
under the conditions of this permit. Note that sampling and reporting of sampling
results from these wells shall still continue as stipulated under the corrective action
plan (CAP) that was approved for the Permittee's Castle Hayne, NC Manufacturing
Facility in 1999.
b. Groundwater monitoring wells MW-1, MW-2, MW-3, MW-8, MW-9, MW-10, MW-12,
MW-13, MW-14, MW-15, MW-16, MW-17, MW-18, MW-19, MW-20, MW-21, MW-
25, MW-26, MW-27, and MW-28 shall be sampled every March, July, and November for
the parameters listed below:
Chlorides
Iron
Total Dissolved Solids
Chromium
pH
Water Level
Water Levels in the groundwater monitoring wells shall be measured prior to sampling the
groundwater for the remaining parameters. The depth to water in each well shall be
measured from the surveyed point on the top of the casing, which shall be surveyed
relative to a common datum.
c. Any laboratory selected to analyze parameters shall be Division -certified for those
parameters required.
2. Reporting/Documentation Requirements:
a. The results of the sampling and analysis shall be received on the most -recent version of
"Groundwater Quality Monitoring: Compliance Report Form" (i.e., GW-59 Form) with
copies of the laboratory analyses attached by the Division's Groundwater Section on or
before the last working day of the month following the sampling month.
9

b. All reports shall be mailed to the following address:
NCDENR-DWQ
Groundwater Section
Permits and Compliance Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
Updated blank reporting forms may be downloaded from the web site for the Division's
Groundwater Section at http://gw.ehnr.state.nc.us/ or requested from the address listed
above.
3. Applicable Boundaries:
a. The COMPLIANCE BOUNDARY for the surface disposal unit is specified by
regulations in 15A NCAC 2L (i.e., Groundwater Classifications and Standards). An
exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is
subject to immediate remediation action according to 15A NCAC 2L .0106 (d)(2).
i. The Compliance Boundary for Section I of Quarry I, since this section of the surface
disposal unit was individually permitted before December 31, 1983, shall be is
established at either (1) 500 feet from this section of the surface disposal unit or (2) at
the property boundary, whichever is closest to this section of the surface disposal
unit.
ii. The Compliance Boundary for Section II of Quarry I, since this section of the surface
disposal unit was individually permitted after December 31, 1983, shall be is
established at either (1) 250 feet from this section of the surface disposal unit or (2)
50 feet within the property boundary, whichever is closest to this section of the
surface disposal unit.
b. The REVIEW BOUNDARY shall* be established around the surface disposal unit
midway between the Compliance Boundary and the perimeter of the surface disposal
unit. Any exceedance of Groundwater Quality Standards at the Review Boundary shall
require action in accordance with 15A NCAC 2L .0106 (d)(1).
4. Other Requirements:
a. Any additional groundwater quality monitoring, as deemed necessary by the Division,
shall be provided.
V. INSPECTIONS
1. The Permittee or his designee shall inspect the residuals storage, transport, 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 maintain 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 five years from the date of the inspection and shall be made available to the
Division or other permitting authority, upon request.
10

2. Any duly authorized officer, employee, or representative of the Division may, upon
presentation of credentials, enter and inspect any property, premises, or place on or related to
the surface disposal unit at any reasonable time for the purpose of determining compliance
with this permit; inspect or copy any records that must be kept under the terms and conditions
of this permit; and obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the disposal activities are carried out in accordance
with the conditions of this permit, the supporting materials, and in the manner approved by
this Division.
2. This permit shall be effective only with respect to the nature and volume of wastes described
in the application and other supporting data.
3. This permit shall not be automatically transferable. In the event that there is a desire for the
surface disposal unit to change ownership or a name change of the Permittee, a formal permit
request shall be submitted to the Division accompanied by documentation from the parties
involved and other supporting materials as may be appropriate. The approval of this request
shall 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 in accordance with North Carolina
General Statutes § 143-215.6A through § 143-215.6C.
5. The annual administering and compliance fee shall be paid by the Permittee within 30 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).
6. 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 (i.e., local, state, and federal) which have jurisdiction, including, but not limited to,
applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control
requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000,
and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H
.0500. The issuance of this permit also does not preclude the Permittee from complying with
the mine recovery plan that has been approved by the Land Quality Section of the Division of
Land Resources.
7. The Permittee, at least six months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Division shall review the adequacy of the surface
disposal unit described therein and, if warranted, shall extend the permit for such period of
time and under such conditions and limitations as it may deem appropriate.
8. This permit may be modified, or revoked and/or reissued to incorporate any conditions,
limitations, and monitoring requirements the Division deems necessary in order to protect the
environment and public health adequately.
11

9. The Division shall be notified in writing at least 180 days prior to closing of the surface
disposal unit. A formal closure plan and a post -closure management care program for the
surface disposal unit shall be submitted at that time. This information shall be specific to the
surface disposal unit as well as relate to the Permittee's future plans for the land. A schedule
for implementing both the closure plan and the post -closure management care program shall
be provided as well. The Division will accept a submittal that has been prepared in
accordance with the document entitled "Process Design Manual: Surface Disposal of Sewage
Sludge and Domestic Septage (EPA/625/R-95/002)," published by the United States
Environmental Protection Agency's Office of Research and Development. Submit three
copies of all information to NCDENR-DWQ, Non -Discharge Permitting Unit, 1617 Mail
Service Center, Raleigh, NC 27699-1617.
Permit issued this the t . irtieth day of December, 2002.
NORTH C LINA ENVIRONMENTAL MANAGEMENT COMMISSION
(i
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0001492
12

41
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50' 240
FIGURE 1
OCCIDENTAL CHEMICAL CORPORATION
SURFACE DISPOSAL OF RESIDUAL SOLIDS
NEW HANOVER COUNTY
WQ0001492/GW02013
Si l"h LOCATIOI`T MAP
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FIGURE 2
OCCIDENTAL CHEMICAL CORPORATION
SURFACE DISPOSAL OF RESIDUAL SOLIDS
NEW HANOVER COUNTY
WQ0001492/GW02013
SITE DETAIL MAP

SOC PRIORITY PROJECT: No
To: Permits and Engineering Unit
Water Quality Section
Attention: Natalie Sierra
(Review Engineer)
Date: December 11, 2002
NPDES STAFF REPORT AND RECOMMENDATION
County: New Hanover
Permit No. NC0003875
PART I - GENERAL INFORMATION
1. Facility and Address: (old) Occidental Chemical Company
Post Office Box 368
Castle Hayne, North Carolina 28429
(new) Elementis Chromium
5408 Holly Shelter Road
Castle Hayne, NC 28429
2. Date of Investigation: December 11, 2002
3. Report Prepared by: Jim Bushardt
4. Persons Contacted and Telephone Number: Richard Lowrey
[phone]
5. Directions to Site: The site is located on Holly Shelter Road
(NCSR 1002) approximately one mile east of Interstate 40.
6. Discharge Points:
Outfall 001 Outfall 002
Latitude: 34Deg 22Min 34Sec 34Deg 22Min 34Sec
Longitude: 77Deg 51Min 55Sec 77Deg 51Min 55Sec
U.S.G.S. Quad No:S-53 U.S.G.S. Quad Name: Scotts Hill, NC
7. Site size and expansion area consistent with application ?
Yes

8. Topography: The site terrain varies, but is mostly flat and
the facility is located at 25 feet MSL that is not within the
100 year flood zone.
9. Location of nearest dwelling: Approximately one mile south of
the facility.
10. Receiving stream or affected surface waters: Outfall 001 and
002 discharge to the Northeast Cape Fear River
a. Classification: Class "B swamp" waters
b. River Basin and Subbasin No.: 03 06 23
c. Describe receiving stream features and pertinent
downstream uses: Primary recreation activities and
commercial shipping.
PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS
1. Pertinent Information
a. Volume of wastewater to be permitted:
Outfall 001 - 0.785 MGD
Outfall 002 - 0.020 MGD
b. What is the current permitted capacity of the wastewater
treatment facility?
Outfall 001 - 0.785 MGD
Outfall 002 - 0.020 MGD
c. Actual treatment capacity of the current facility
(current design capacity)?
Outfall 001 - unknown
Outfall 002 - 0.020 MGD
d. Dates and construction activities allowed by previous
Authorizations to Construct issued in the previous two
years: July 2001, ATC 003875ACB was issued to allow
installation of a sulfur dioxide chemical feed system to
be used as an alternate reducing agent within the
existing industrial treatment facility.
e. Please provide a description of existing or substantially
constructed wastewater treatment facilities:
Industrial waste streams (Outfall 001) - pH
neutralization, oxidation reduction reaction, physical
separation via gravity with polymers additions, and
pressure filtration.
Sanitary wastewater (Outfall 002) - Dual train secondary
treatment via activated sludge extended aeration and
disinfection.

f. Please provide a description of proposed wastewater
treatment facilities: Nothing new is proposed within
this application for permit renewal.
g. Possible toxic impacts to surface waters: Outfall 001 -
chlorides (see priority pollutant analysis).
h. Pretreatment Program: Not a POTW
2. Residuals handling and utilization/disposal scheme: Industrial
residuals are applied into a lagoon via WQ0001492 (no
pathogens). Sanitary plant residuals are land applied via
WQ0000783. These residuals are stabilized for pathogen and
vector attraction reduction by the sludge Permittee (S&B
Maintenance,Inc.) via lime treatment per 40 CFR, Part 503.
3. Treatment plant classification:
Industrial plant - Physical/Chemical Class I
Sanitary Plant - Biological Class II
4. SIC Code: 2819, 4952
Wastewater Codes: 84,41,60,66,73,22,17,16,02
Main Treatment Unit Code: Industrial plant - 51104
Sanitary plant - 06003
PART III - OTHER PERTINENT INFORMATION
1. Is this facility being constructed with Construction Grant
Funds or are any public monies involved? No
2. Special monitoring or limitations (including toxicity)
requests: None
3. Important SOC, JOC or Compliance Schedule dates: None
4. Alternative Analysis Evaluation: Has the facility evaluated
all of the non -discharge options available? No. Please
provide regional perspective for each option evaluated.
Spray Irrigation: Insufficient land for permitted flow
volume.
Connection to Regional Sewer System: Not available
Subsurface: Insufficient land for flow volume.
Other disposal options: None
5. Other Special Items: None

PART IV - EVALUATION AND RECOMMENDATIONS
This report is being prepared based upon a request to change
name and ownership of NPDES permitted operations. The current
Permittee (Occidental Chemical Corporation) has provided an
Ownership/Permit Name change form and Bill Of Sale Agreement that
have been executed by representatives of the Occidental Chemical
Corporation (seller) and Elementis Chromium (buyer). The
transaction occurred on 12-6-02. In addition, the current Permittee
has requested that the NPDES treatment train description be
modified to include sludge alkaline stabilization equipment and
effluent force main that transfers stabilized inorganic sludge to
the disposal site (permitted under WQ0001492). Draft Permit No.
WQ0001492 requires Elementis to request permit modification to
delete reference to the sludge stabilization equipment and force
main once the NPDES permit covering these items is granted to
Elementis. A copy of these requests and the Bill Of Sale Agreement
are enclosed for your convenience. The Occidental Chemical Corp.
will continue to maintain Permit WQ0001492 and the associated
property. I would recommend that instead of adding "one sludge
mixing tank for the addition of crushed limestone" to the treatment
train description, I would use "alkaline stabilization material"
instead of crushed limestone. The crushed limestone is readily
available from the neighboring quarry operations (Martin Marietta)
and the stuff is cheep. However, several alkaline substances can
also work in the case of crushed limestone becoming unavailable.
It is recommended that NPDES PeLlllit No. NC0003875 be issued to
Elementis Chromium, along with the requested treatment plant
description modifications, per permit duration terms defined within
the basinwide management plan for the Cape Fear River.
/.2/i/o Z
ure of report preparer Date
4i4sWater Quality Regional Supervisor
JB:oxychem.d02
cc: Wilmington Office Files, Central Files
1.2-1/ 0I.
Date

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1

CHROMIUM
CERTIFIED MAIL - 91 7108 2133 3930 2346 5028
RETURN RECEIPT REQUESTED
December 6, 2002
Ms. Valery Stephens
Point Source Branch
Division of Water Quality
North Carolina Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
REC,'P UVFf )
DEC 0 9 2002
Re: Ownership Change
NPDES Stormwater Permit No.NCS000003 and NPDES No. NC0003875
New Hanover County, Castle Hayne, North Carolina
Dear Ms. Stephens:
The purpose of this letter is to provide notification of ownership change for the
facility located at 5408 Holly Shelter Road in Castle Hayne, North Carolina. Effective
December 6, 2002, Elementis Chromium‘(Elementis) purchased the referenced facility
from Occidental Chemical Corporation. Lp
Elementis respectfully requests that NPDES Permit Nos. NCS000003 and
NC0003875 be reissued under the new owner's name. Attached is a Water Quality
Section Permit Name/Ownership Change Form for each permit and legal documentation
of the transfer of ownership. If you have any questions, please contact me at (910) 675-
7222.
Richard Lowrey
HES Manager
Enclosures
cc: Mr. Rick Shiver — NCDENR WRO
Elementis Chromium LP
5408 Holly Shelter Rd.
P.O. Box 368
Castle Hayne, NC 28429

Michael F. Easley
Govemor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
WATER pUALITY SECTION
PERMIT NAME/OWNERSHIP CHANGE FORM
I. CURRENT PERMIT INFORMATION:
Permit Number: WC/ 0 / 0 / 0 / 3 / 8 / 7 / 5 / or
Certificate of Coverage Number: N/C/G/ / / / / / /
1. Permit holder's name: Occidental Chemical Corporation
2. Permit's signing official's name and title: Stephen B. Kemp
(Person legally responsible for permit)
V.P. Health, Environment & Safety
itle)
3. Mailing address: 5005 LBJ Freeway City: Dall s
State: Texas Zip Code: 7 5 2 4 4
II. NEW OWNER/NAME INFORMATION:
1. This request for change is a result of:
0 Change in ownership of company Cl Name change for company
`d Change in ownership of property/facility ❑ Name change for property/facility
❑ Other (please explain):
2. Owner/Operator Information
Phone:[phone]
Company or Owner or Operator Name: Elementis Chromium LP
(name to be put on permit / certificate of coverage)
Owner's/operator's or signing official's name: Title:
Company Contact: Richard Lowrey
Owner Mailing address: 5408 Holly Shelter Road City: Castle Hayne
Title: HES Manager
State: NC Zip Code: 28429 Phone: ( 910) 675-7222
E-mail address:
3. Facility Information
Facility Name: Elementis Chromium LP
Facility Contact: Richard Lowrey
Facility Mailing address: 5408 Holly Shelter Road
State: NC Zip Code: 28429 Phone: ( 910) 675-7222
Title: HES Manager
E-mail address:
City: Castle Hayne
SWU-239-102501

PERMIT NAME / OWNERSHIP CHANGE FORM
THIS APPLICATION PACKAGE WILL NOT BE ACCEPTED BY THE DIVISION OF WATER QUALITY UNLESS
ALL OF THE APPLICABLE ITEMS LISTED BELOW ARE INCLUDED WITH THE SUBMITTAL.
REQUIRED ITEMS:
1. This completed application
2. Legal documentation of the transfer of ownership (such as a contract, deed, articles of incorporation)
Certification must be completed and signed by both the current permit holder and the new applicant in the case of change of
ownership. For name change only, complete and sign the application certification.
Current Permittee's Certification:
, attest that this application for name/ownership change has
been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this application
are not completed and that if all required supporting information and attachments are not included, this application package will be
returned as incomplete.
I, Stephen B. Kemp
Signature:
Applicant's Certification:
I, A. aCC .r
December 6, 2002
Date:
, attest that this application for a name/ownership change
has been reviewed and is accurate and complete to the best of my knowledge. I understand that if all required parts of this
application are not completed and that if all required supporting information and attachments are not included, this application
package will be {turned, s incomplete.
Signature:
Date: 2-4 - 0 ` -
THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL SUPPORTING INFORMATION & MATERIALS,
SHOULD BE SENT TO THE FOLLOWING ADDDRESS:
Point Source Branch
Attn: Valery Stephens
Division of Water Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
SWU-239-102501

CHROMIUM
CERTIFIED MAIL - 91 7108 2133 3930 2346 5035
RETURN RECEIPT REQUESTED
December 6, 2002
Mr. David Goodrich
NPDES Unit Supervisor
NPDES Unit — Division of Water Quality
North Carolina Department of Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: Minor Permit Modification Request
NPDES Permit No. NC0003875
Dear Mr. Goodrich:
•'< /' ,T
•
•
eull2
The purpose of this letter is to request a minor modification to NPDES Permit No.
NC0003875. Under separate cover, a transfer of ownership notification for the
referenced permit was provided to Ms. Valery Stephens of the Division of Water Quality
(DWQ) Point Source Branch indicating that Elementis Chromium (Elementis) has
purchased the facility located at 5408 Holly Shelter Road in Castle Hayne, North
Carolina, from Occidental Chemical Corporation (Occidental) effective December 6,
2002. As per the purchase agreement, Elementis has acquired the manufacturing
operations and associated property with the manufacturing facility. Occidental will
continue to maintain ownership of the surrounding property. Consequently, Elementis
has requested that the referenced NPDES permit be re -issued under the new owner's
name. A non -discharge permit previously issued to Occidental (No. WQ0001492) will
continue to be maintained by Occidental.
This minor permit modification also requests that specific equipment currently
covered under Non -Discharge Permit No. WQ0001492 be transferred to NPDES Permit
No. NC0003875. It is requested that the following equipment be included in NPDES
Permit No. NC0003875:
• one sludge mixing tank for the addition of crushed limestone;
• approximately 3,880 linear feet of 5-inch force main; and
• all associated piping, valves, and fittings for the final disposal of residual solids
from the Elementis wastewater treatment facility.
Elementis Chromium LP
5408 Holly Shelter Rd
P.O.Box368
Castle Hayne, NC 28429

Thank you for your assistance in this matter. If you need further information or any
applicable NPDES forms to be completed, please contact me at [phone].
'chard Lowrey
HES Manager
cc: Mr. Rick Shiver — NCDENR WRO

Execution Copy
BILL OF SALE, ASSIGNMENT ANI) ASSUMPTION AGREEMENT
This BILL OF SALE, ASSIGNMENT AND ASSUMPTION AGREEMENT (this
"Agreement") is made as of the 6th day of December, 2002 by and between OCCIDENTAL
CHEMICAL CORPORATION, a New York corporation ("Seller"), and ELEMENTIS
CHROMIUM ACQUISITION LP, a Delaware limited partnership (the "Buyer") and
ELEMENTIS HOLDINGS LIMITED, a company registered in England and Wales ("Parent",
and collectively with Buyer, the "Buyer Parties"). Unless otherwise defined herein, capitalized
terms are used herein as defined in the Asset Purchase Agreement dated as of the loth day of
October, 2002 (the "Asset Purchase Agreement") by and between Seller and Parent. Seller and
the Buyer Parties are singly referred to as a "Party," and collectively referred to as the "".
The Parties, intending to be legally bound hereby, for good and valuable consideration,
' the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual
covenants herein and in the Asset Purchase Agreement, hereby agree as follows:
1. Seller hereby grants, sells, conveys, assigns, transfers and delivers to the Buyer,
all of Seller's right, title and interest in and to all of the Assets to have and to hold the same as set
forth in the Asset Purchase Agreement.
2. The Buyer Parties jointly and severally assume and shall hereafter pay, perform
and discharge the Assumed Liabilities as set forth in the Asset Purchase Agreement.
3. Nothing in this instrument, expressed or implied, is intended or shall be
construed to confer upon or give to any Person any remedy or claim under or by reason of this
instrument or any terms or warranties hereof, except to the extent, if any, such remedy or claim
arises under the Asset Purchase Agreement. In the event of any conflict between this instrument
and the Asset Purchase Agreement, the Asset Purchase Agreement shall prevail for all purposes.
4. Neither the making nor the acceptance of this instrument shall enlarge, restrict or
otherwise modify the terms of the Asset Purchase Agreement, including, without limitation, the
representations and warranties and other provisions of the Asset Purchase Agreement.
5. Except as may be expressly provided under the Asset Purchase Agreement, this
instrument shall be binding upon and inure to the benefit of the successors of a Party. No Party
may otherwise assign or delegate any of its rights or obligations under this instrument without the
prior written consent of the other Parties, which consent shall be in the sole and absolute
discretion of such other Parties. Any purported assignment or delegation without such consent
shall be void and ineffective.
6. The laws of the State of New York shall govem the construction, interpretation
and effect of this instrument without giving effect to any conflicts of law principles.
7. This instrument may be executed in any number of counterparts, each of which
shall be deemed to be an original and all of which together shall be deemed to be one and the
same instrument.
1-PH/1686591.3

8. This instrument, the Asset Purchase Agreement, and the other Related
Agreements constitute the entire agreement between the Parties with respect to their subject
matter and supercede, except as specifically provided for in the Asset Purchase Agreement, all
prior or • contemporaneous agreements, discussions, proposals, representations and all other
communications between the Parties, both oral and written.
9. Any dispute relating to this Agreement shall be resolved pursuant to Section
5.3(h) of the Asset Purchase Agreement as if the Buyer Parties and Seller were the parties thereto.
10. TO THE EXTENT CONSISTENT WITH SECTION 5.3(h) OF THE
ASSET PURCHASE AGREEMENT, A PARTY MAY INITIATE A PROCEEDING AS
PROVIDED IN THIS SECTION 10. ANY JUDICIAL PROCEEDING BROUGHT
AGAINST ANY PARTY TO THIS INSTRUMENT OR ANY DISPUTE UNDER OR
ARISING OUT OF OR IN CONNECTION WITH THIS INSTRUMENT SHALL BE
BROUGHT IN THE COURTS OF THE UNITED STATES OF AMERICA FOR THE
SOUTHERN DISTRICT OF NEW YORK AND THE COURTS OF THE STATE OF
NEW YORK IN MANHATTAN, NEW YORK, NEW YORK, AND BY EXECUTION
AND DELIVERY OF THIS INSTRUMENT, EACH OF THE PARTIES TO THIS
INSTRUMENT ACCEPTS THE EXCLUSIVE JURISDICTION AND EXCLUSIVE
VENUE OF SUCH COURTS AND IRREVOCABLY AGREES TO BE BOUND BY
ANY JUDGMENT (AS FINALLY ADJUDICATED) RENDERED THEREBY IN
CONNECTION WITH THIS INSTRUMENT. THE PARTIES AGREE THAT ANY
AND ALL SERVICE OF PROCESS AND ANY OTHER NOTICE IN ANY
PROCEEDING SHALL BE EFFECTIVE AGAINST ANY PARTY IF DELIVERED
TO THEIR RESPECTIVE ADDRESSES IN THE MANNER DESCRIBED IN
SECTION 9.3 OF THE ASSET PURCHASE AGREEMENT. THE FOREGOING
CONSENTS TO JURISDICTION SHALL NOT CONSTITUTE GENERAL
CONSENTS TO SERVICE OF PROCESS IN THE STATE OF NEW YORK FOR ANY
PURPOSE EXCEPT AS PROVIDED ABOVE AND SHALL NOT BE DEEMED TO
CONFER RIGHTS ON ANY PERSON OTHER THAN THE PARTIES HERETO.
EACH PARTY HEREBY WAIVES ANY OBJECTION IT MAY HAVE BASED
UPON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM
NON CONVENIENS.
11. THE REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION
3 OF THE ASSET PURCHASE AGREEMENT ARE THE ONLY REPRESENTATIONS AND
WARRANTIES BEING MADE WITH RESPECT TO THE ASSETS. NOTWITHSTANDING
THE REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 3 OF THE
ASSET PURCHASE AGREEMENT, SELLER MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, AND THERE ARE NO EXPRESS OR IMPLIED
CONDITIONS AS TO THE MERRCHANTABILTTY OR FITNESS FOR ANY PARTICULAR
PURPOSE OF THE ASSETS.
[THIS SPACE INTENTIONALLY LEFT BLANK]
1-P11/1686591.3

IN WITNESS WHEREOF, the undersigned have caused this Bill of Sale, Assignment
and Assumption Agreement to be duly executed on the date first above written.
OCCIDENTAL CHEMICAL CORPORATION
By: lq )..,KAI
N .R Havert
Title: Vice President and Treasurer
ELEMENTIS HOLDINGS LIMITED
By:
Name:
Title:
ELEMENTIS CHROMIUM ACQUISITION LP
By:
Name:
Title:

IN WITNESS WHEREOF, the undersigned have caused this Bill of Sale, Assignment
and Assumption Agreement to be duly executed on the date first above written.
Si
OCCIDENTAL CHEMICAL CORPORATION
By:
Name:
Title:
ELEMENTIS HOLDINGS LIMITED
By:
Name:
Title:
ELEMENTIS CHROMIUM ACQUISITION LP
By:
Name:
Title:
,,I

IN WITNESS WHEREOF, the undersigned have caused this Bill of Sale, Assignment
and Assumption Agreement to be duly executed on the date first above written.
OCCIDENTAL CHEMICAL CORPORATION
By:
Name:
Title:
ELEMENTIS HOLDINGS LIMITED
By:
Name:
Title:
ELEMENTIS CHROMIUM ACQUISITION LP
By: Elementis Chromium GP Inc.
its general partner
By: • W GZeiA--•
Name: Walker Alien
Title: Authorized Signatory

-r Cod. r
ig
'REJECT RESIOUE 158 GPM
STORMWATER 57 GPM
WELL WATER 25 GPM
SUMP
SURGE
TANK
PICKLE 1 GPM
LIQUOR
82 GPM
SALT CAKE SCRUBBER 30 GPM
20 GPM
BATCH
WATER
REACTOR
12.000 GAL
83 GPM
PICKLE LIOUOR
PROCESS SUMPS
SULFUR DIOXIDE
PICKLE LIQUOR
6.67 LB/MIN
8 GPM
SULFURIC ACID 3 GPM
OR HYDROCHLORIC ACID
RECYCLE RESIDUE 60 GPM
PREMIX
TANK
169 GPM
-47
7 GPM
WASTE 279 GPM
COLLECTION .
TANK
LIME SLURRY
CH'OMIUM TREATMENT
REACT RE
(3)
3X24.000 GAL
293 GPM
-F?
7.0 GPM
RATER
TREATMENT
SUMP
BOILER BLOWDOWN
TREATMENT
SURGE
TANK
435 GPM
44 GPM
15 GPM
FEED
SLURRY
TANK
545 GPM
MO. 1
THICKNER
90 GPM
OVERFLOW
TANK
545 GPM
POLISHING
FILTERS
545 GPM
130 GPM
W TO RIVER
RIVER WATER
NO. 1
LIGHT
RESLURRY
TANK
NO. 2
THICKNER
90 GPM
NO. 2
LIGHT
RESLURRY
TANK
100 GPM
NO. 3
THICKNER
Go
90 GPM
RIVER WATER
NO. 1
CYCLONE
NO. 1
HEAVY
RESLURRY
TANK
NO. 2
CYCLONE
CONESTOGA•ROVERS & ASSOCIATES, INC.
G. LATHAM
CRA GEOLOGIC SERVICES, INC. M. LIFE
7/06
0
LM9140014.dgn 7/19/2006 7:28:12 AM DRAWN BY
DATE
REV. NO.
NTS
SCALE
6448.10(033)GN-TV013
DRAWING NO.
NO. 2
HEAVY
RESLURRY
TANK
CHLORIDE REMOVA
NO. 3
CYCLONE
300 GPM
RIVER WATER OR
QUARRY WATER
SLUDGE
HOLD
TANK
30 GPM
SLURRY
RETENTION
TANK
2.0 TPH CRUSHED
LIMESTONE
420 GPM
TO OUARRY
(non- l sL
CASTLE HAYNE NC
CHROWEIUM
GENERAL SCHEMATIC
OF
WASTEWATER TREATMENT
2
FIG NO.
,NA.