The URL can be used to link to this page

Home My WebLink AboutWQ0015487_Regional Office Review Closure Proceeedings_20191114 November 14, 2019 Carl B. Powell Powell Industries, Inc. P.O. Box 65 Waynesville, NC 28786 John Fletcher Powell Industries, Inc. P.O. Box 65 Waynesville, NC 28786 Subject: Closed-Loop Recycle Permit (WQ0015487) Closure of Wastewater Pond Powell Industries, Inc. Suncrest Chip Mill Haywood County Dear Mr. Powell and Mr. Fletcher, On January 17, 2017, Roberts and Stevens Attorneys at Law representing Powell Industries (Powell) provided correspondence to the Division of Water Resources (DWR) indicating their intentions to rescind a Closed-Loop Recycle System permit. The subject correspondence acknowledged the company would be required to properly close-out the wastewater pond and demonstrate compliance with the terms and conditions of their general stormwater permit (NCG2100000) before the wastewater permit could be rescinded. On August 14, 2018, consulting firm Martin & Slagle submitte d an industrial wastewater pond closure plan (closure plan) on behalf of Powell. The closure plan included the following action items:  Conduct a site audit to identify potential waste streams and identify opportunities to improve stormwater quality including the storage of wood and mulch, proper storage and containment of fuels, hydraulic fluids, and hazardous material as well as proper storage, transport, and management of empty containers. Stormwater quality will be addressed by incorporating temporary and permanent Stormwater Control Measures (SCMs); Carl B. Powell John Fletcher November 14, 2019 Page 2 of 9  Sample and analyze representative site stormwater water quality samples during a rainfall runoff event. Site stormwater quality issues identified through sampling will be addressed by incorporating temporary and permanent Stormwater Control Measures;  Divert all surface runoff away from the upper wastewater pond by constructing a temporary stormwater bypass channel;  Water quality analysis of the upper wastewater pond and the lower stormwater pond;  Removal and disposal of wastewater in the upper pond;  Analysis of the underlying wastewater residuals (residuals) in the upper wastewater pond;  Removal and disposal of residuals; and  Design and construction of new stormwater management system to meet stormwater discharge permit requirements (e.g., treatment train system with stormwater wetlands). On November 5, 2018, DWR approved the closure workplan with an additional requirement to sample stormwater at the lower pond outfall on a quarterly basis. Analytical results were to be reported to both DWR and the Division of Energy, Mineral and Land Resources (DEMLR). On June 18, 2019, Martin & Slagle submitted a final closure report for the upper wastewater recycle pond on behalf of Powell. DWR has reviewed the closure report and is providing the following comments and observations:  The initial stormwater samples collected by Powell on October 11, 2018 indicates compliance with regards to stormwater benchmarks including chemical oxygen demand (20.2 – 24.7 mg/l), total suspended solids (6.2 – 99.8 mg/l), and turbidity (3.1 – 19.8 NTU). However, an hourly rain gauge at the North Carolinian Agricultural Research Station in Waynesville suggests the stormwater samples were likely collected post- rainfall (see attached). Analytical monitoring requirements in your stormwater permit require sampling within the first 30 minutes of discharge as well as the reporting of total precipitation;  The required quarterly stormwater sampling was not completed as required by DWR.  DWR collected stormwater samples on July 23, 2019 (see attached). Samples were collected within the temporary bypass ditch directly below the wastewater pond and below the lower stormwater pond. Analytical results exceeded stormwater benchmarks Carl B. Powell John Fletcher November 14, 2019 Page 3 of 9 and/or surface water standards for COD, (130 – 140 mg/l), TSS (508 – 640 mg/l), and turbidity (550 – 650 NTU). Phenol was also present in the stormwater discharge;  The volume of residuals remaining in the wastewater pond was not reported as required by the closure guidelines;  Residuals have not been removed from the wastewater pond as outlined in the closure workplan;  It was observed that the dam for the lower stormwater pond has been partially breached to facilitate the removal of large volumes of stormwater generated within the manufacturing area. Stormwater is now being routed over a 7-foot drop at the base of the dam. The haybales and riprap are no longer providing any protection ag ainst erosion of the dam base (see attached).  A new stormwater management system has not been designed and constructed as outlined in the closure plan. Powell was provided ample notification that all surface and groundwater quality risks must be addressed prior to rescinding the wastewater permit; The guidelines for the closure of wastewater ponds and lagoons indicates the removal of residuals is preferred unless sufficient technical justification can be provided to support such a request. The closure investigation did provide analytical results indicating the residuals are not exceeding applicable soil screening levels. However, leaving an organically-rich layer of residuals in-place can promote reducing conditions beneath the pond post-closure, which in turn can contribute to the dissolution and mobilization of heavy metals such as barium, iron, and manganese. Before your permit can be rescinded, you will be required to remove all residuals from the wastewater pond. The closure plan identified the Haywood County Landfill or Republic Waste Management in South Carolina as potential disposal options. You will be required to provide documentation detailing the volume of residuals removed and the method of disposal. The final closure report indicates the pond will be backfilled with clean fill, graded to promote positive drainage, and planted with grass to control erosion. Before your permit can be rescinded, DWR is requiring an inspection of the empty wastewater pond to insure all residuals have been removed from the pond. Powell will be responsible for providing notification and scheduling for the final inspection. It is important to note that both stormwater and wastewater discharges were historically routed to the wastewater pond and managed by physically transferring water to the lower pond and ultimately Jonathans Creek, which is a direct violation of your non-discharge permit. Analytical results for water samples collected from the wastewater pond in May 2016 indicated Carl B. Powell John Fletcher November 14, 2019 Page 4 of 9 potential surface water impacts with regards to biochemical oxygen demand, chemical oxygen demand, phenolic compounds, toluene, total suspended solids, and turbidity. Stormwater samples collected by DWR in July 2019 indicate on-going surface water impacts with regards to chemical oxygen demand, total suspended solids, and turbidity. On September 3, 2019, Powell was issued a notice of violation (NOV-2019-PC-0615) by DEMLR for failing to conduct stormwater monitoring and for failing to produce a stormwater pollution prevent plan. It is highly recommended that you begin implementing the proposed stormwater best management practices outlined in your closure workplan. DWR will continue to monitor the quality of your stormwater and will be working closely with DMLR to insure compliance with regards to your permit benchmarks and applicable surface water standards. Failure to achieve compliance may result in additional notices of violation and potential enforcement. I am available to discuss the closure policy and the review comments contained in this correspondence. Should you have any questions regarding these matters, please feel free to contact me at (828) 296-4500. Sincerely, Brett Laverty Water Quality Regional Operations Asheville Regional Office ec: Robert Martin – Martin & Slagle Geosciences, PA Isaiah Reed – NC DEMLR Stan Aiken – NC DEMLR Nathaniel Thornburg – NC DWR Non-Discharge Branch Figure 1: Rainfall data for the period October 10, 2018 – October 11, 2018. Stormwater Data Collected Figure 2: DWR analytical results for stormwater samples collected below upper wastewater pond on July 23, 2019. Figure 3: DWR analytical results for stormwater samples collected below lower stormwater pond on July 23, 2019. Photo 1: Condition of temporary bypass ditch at Powell Industries on July 23, 2019. Photo 2: Condition of the lower stormwater pond dam at Powell Industries on July 23, 2019.