HomeMy WebLinkAboutWQ0018087_Application_20240208a lpoelyek�
January 25, 2024
North Carolina Department of Environmental Quality
Division of Water Resources
Water Quality Permitting Section
Non -discharge Permitting Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
SuNect: Permit No.: WQ0018087
Alpek Polyester USA, LLC
Cape Fear Manufacturing Facility SDU
Surface Disposal of Residuals
BrunsvA* County
Dear Sir or Madame:
This submittal is for a minor permit modification to reflect a name change. OAK Americas USA, LLC changed
its name to Alpek Polyester USA, LLC on September 1, 2023. This is a name change only, not a change in
ownership. Enclosed are:
1. Form SDR 06-16 showing name change and updated contacts,
2. Name Change Letter from Alpek Polyester USA, LLC,
3. Certificate of Amendment,
4. 2023 Form W 9 Alpek Polyester USA, LLC, and
5. Permit No. WQ0018087SDU Permit 2021
No other permit modifications are requested.
If you have questions or need additional information, please contact Phyllis Simmons by telephone at
(910) 264-3351.
Sincerely,
C
Matthew P. Hendrickson
Cape Fear Site Manager
Alpek Polyester USA, LLC . Technical Office
1430 Commonwealth Dr., Suite 105 . Wilmington, NC 28403
910-371-4863 • www.alpekpolyester.com
State of North Carolina
DWR
Department of Environmental Quality
Division of Water Resources
Division of Water Resources 15A NCAC 02T .1100 — SURFACE DISPOSAL OF RESIDUALS
INSTRUCTIONS FOR FORM: SDR 06-16 & SUPPORTING DOCUMENTATION
Please use the following instructions as a checklist in order to ensure all required items are submitted. Adherence to these
instructions and checking the provided boxes will help produce a quicker review time and reduce the amount of additional
information requested. Failure to submit all of the required items will lead to additional processing and review time for the
permit application. Unless otherwise noted the Applicant shall submit one original and two copies of the sonlication and
supportiny, documentation
For more infor»ration, visit the Mater Quality Permitting Section's Non-Dischar a Permitting Unit website
General — This application is for construction and operation of residuals disposal in a surface disposal unit (landfill) in accordance with
15A NCAC 02T .1100.
Unless otherwise noted, the Applicant shall submit one original and two copies of the application and supporting documentation listed
below.
A. Application Form (All Application Packages)
® Submit the completed and appropriately executed Surface Disposal of Residuals (FORM: SDR 06-16) fonn. Please do not
make any unauthorized content changes to this form. If necessary for clarity or due to space restrictions, attachments to the
application may be made, as long as the attachments are numbered to correspond to the section and item to which they refer.
The project name should be consistent on the plans, specifications, etc.
® The Applicant's Certification on Page 3 of this form shall be signed in accordance with 15A NCAC 02T .0106(b]. An alternate
person may be designated as the signing official if a delegation letter is provided from a person who meets the criteria in 15A
NCAC 02T .0106(bl.
® If this project is for a modification of an existing permit, submit one copy of the existing permit.
❑ Please submit this application form at least 180 days prior to the expiration date on the existing pennit, or 90 days prior to
operation of proposed facility(ies) for application packages involving new or changes to treatment and storage units.
B. Application Fee (Not required for permit renewal without modification)
❑ Submit a check, money order or electronic funds transfer made payable to: North Carolina Department of Environmental
Quality (NCDEQ).
Facility Classification
Major (residuals pennitted for disposal > 3,000 dry tons/year
1 Minor (residuals permitted for disposal < 3,000 dry tons/year
New Permit Major Modification'
$1,310 $395
- A major modification shall be defined as any pennit modification that: increases the disposed residuals dry tonnage; adds
additional residuals sources; adds new disposal areas, or includes the addition of new treatment or storage units/processes not
previously permitted. There is no fee for minor permit modifications.
C. Cover Letter (All Application Packages)
® List all items included in the application package, as well as a brief description of the requested permitting action.
INSTRUCTIONS FOR FORM: SDR 06-16 Page t of 3
D. Detailed Plans and Specifications (Not required for permit renewal without modification)
❑ Submit detailed plans and specifications that have been signed, sealed, and dated by a NC Professional Engineer per 15A
NCAC 02T 1104 a . Specifications for standard equipment may only be omitted for municipalities with approved standard
specifications, but use of the standard specifications must be noted on each sheet of the plans.
❑ Plans must include the following minimum items: a general location map, a topographic map, plan and profile view of the
residuals treatment and surface disposal units as well as the proximity of the residuals treatment and surface disposal units to
other utilities and natural features within 500 feet of all treatment and surface disposal units, and detail drawings of all items
pertinent to the residuals treatment and surface disposal units. Depict minimum separations required in 15A NCAC 02T
. 1108 a on the plans.
❑ Specifications must include, at a minimum, the following for all items pertinent to residuals treatment and surface disposal
units: description of materials to be used, methods of construction, quality of construction testing procedures to ensure the
integrity of the final product in accordance with 15A NCAC 02T .1104(a)f2)(m, including leakage and pressure testing as
appropriate.
❑ Plans and specifications must not be labeled with preliminary phrases (e.g., FOR REVIEW ONLY, NOT FOR
CONSTRUCTION, etc.) that indicate that they are anything other than final plans and specifications. However, the plans and
specifications may be labeled with the phrase: FINAL DESIGN — NOT RELEASED FOR CONSTRUCTION.
E. Site Map (All New or Renewal Packages)
❑ Submit a site map that must include the following minimum items: plan views of the residuals treatment and surface disposal
units as well as the proximity of the residuals treatment and surface disposal units to other utilities and natural features, and
detail drawings of all items pertinent to the residuals treatment and surface disposal units. Depict minimum setbacks required
in 15A NCAC 02T .1108(c' on the plans.
F. Engineering Calculations (Not required for permit renewal without modification)
❑ Submit all design calculations that have been signed, sealed, and dated by a NC Professional Engineer per 15A NCAC 02T
.1 104e .
G. Soils Reports (Not required for permit renewal without modification)
❑ Submit all required soils information that are prepared, signed, and sealed by a NC Licensed Soil Scientist and in accordance
with 15A NCAC 02T .1104(e)(3).
H. Hydrogeologic Investigations (Not required for permit renewal without modification)
❑ Submit a detailed hydrogeologic evaluation in accordance with 15A NCAC 02T .1104(d)(4) and current Division Policy
available at: http://www.ncwater.orgfRules Policies and Regulations/. The document shall be signed, sealed and dated by a
qualified professional.
Environmental Assessments (Maybe Required —See 15A NCAC IC .0300)
❑ Submit a copy of the Findings of No Significant Impact (FONSI) or Environmental Impact Statement (EIS). Also, include
information on any mitigating factor(s) from the Environmental Assessment (EA) that impact the construction of the residuals
treatment and storage facilities. An EA may also be required for private systems if any public finds and/or lands are used for
the construction of the subject facilities.
Property Ownership Documentation (All New or Modification Application Packages involving new surface disposal site)
® Property ownership documentation shall consist of one of the following:
® Legal documentation of ownership (i.e., GIS deed or article of incorporation), or
❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or
❑ An easement running with the land specifically indicating the intended use of the property and meeting the requirements of
15A NCAC 02L .0107(f), or
❑ A written notarized lease agreement signed by both parties, indicating the intended use of the property, as well as a plat or
survey map.
K. Operation and Maintenance Plan (New and Renewal Application Packages)
❑ For Modification Application, if there are any changes to the existing plan, submit an updated O&M plan.
❑ Submit the O&M Plan in accordance with 15A NCAC 02T .1110 and include at a minimum:
❑ Operational functions; describe the operation of the program to shore what operations are necessary for the program to
function and by whom the functions are to be conducted.
❑ Maintenance schedules; may include equipment calibration, maintenance of signs, etc.
❑ Safety measures; may include safety training program, manuals, signs, etc.
❑ Spill response plan; including control, containment, rennediation, emergency contact infomnation, etc.
❑ Inspection plan including the following information;
❑ Names and titles of personnel responsible for conducting the inspections.
INSTRUCTIONS FOR FORM: SDR 06-16 Page 2 of 3
❑ Frequency and location of inspections, including those to be conducted by the ORC, and procedures to assure that the
selected location(s) and inspection frequency are representative of the residuals management program.
❑ Detailed description of inspection procedures including record keeping and actions to be taken by the inspector in the event
that noncompliance is observed.
❑ Sampling and monitoring plan including the following information;
❑ Names and titles of personnel responsible for conducting the sampling and monitoring.
❑ Detailed description of monitoring procedures including parameters to be monitored.
❑ Sampling frequency and procedures to assure that representative samples are being 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 (e.g. facilities that land apply multiple times per
year but have an annual sampling frequency, may need to sample during winter months when pathogen reduction is most
likely to be negatively affected by cold temperatures.
ONE ORIGINAL AND TWO COPIES OF THE COMPLETED APPLICATION PACKAGE, INCLUDING ALL
SUPPORTING INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY PERMITTING SECTION
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service:
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
TELEPHONE NUMBER. (919) 807-6464
By Courier/Special Delivery:
512 N. SALISBURY STREET
RALEIGH, NORTH CAROLINA 27604
FAX NUMBER: (919) 807-6496
INSTRUCTIONS FOR FORM: SDR 06-16 Page 3 of 3
Division of Water Resources
I. APPLICANT INFORMATION:
State of North Carolina
Department of Environmental Quality
Division of Water Resources
15A NCAC 02T .1100 — SURFACE DISPOSAL OF RESIDUALS
FORM: SDR 11-15
I . Applicant's name: Alpek Polyester USA, LLC
Applicant type: ❑ Individual 0 Corporation ❑ General Partnership ❑ Privately -Owned Public Utility
❑ Federal ❑ State ❑ Municipal ❑ County
Signature authority's name per 15A NCAC 02T .0106: Matthew P. Hendrickson Title: Cape Fear Site Manager
Applicant's mailing address: 1430 Commonwealth Drive, Suite 305
City: Wilmington State: NC Zip: 28403-
Telephone number: (910) 512-0296 Email Address: mhendrickson a,al ekkpolyester.com
2. Consultant's name: License Number (for P.E.):
Affiliation: ❑ On Staff ❑ Retained (Firm: _ )
Consultant's mailing address:
City: State: Zip:
Telephone number: (__) _- Email Address:
3. Soil Scientist's name: License Number:
Affiliation: ❑ N/A ❑ On Staff ❑ Retained (Firm: )
Soil Scientist's mailing address:
City: State: Zip: -
Telephone number: (---) Email Address:
4. Fee submitted: (See Instruction B)
II. PERMIT INFORMATION:
1. Application is for (check all that apply): ❑ new, ® modified, ❑ renewed permit
2. If this application is being submitted to renew or modify an existing permit, provide the following:
Permit number: W(.)0018087
Date of most -recently issued permit: February 1, 2021
Date of most -recently certified Attachment A (if different than the pennit): _
Date of most -recently certified Attachment B (if different than the permit):
Ill. FACILITY INFORMATION:
I . Name of residuals disposal facility: Alpek Polyester USA, LLC Cape Fear Site
City: Leland State: NC Zip: 28451-_
Coordinates: Latitude: 34' 31' 46" Longitude: 78' 03' 43"
Datum: Level of accuracy:
Method of measurement:
County where facility is located: Brunswick
FORM: SDR 06-16 Page 1 of 3
2. Facility contact (person familiar with residuals preparation/disposal):
Name: Phyllis Simmons Title: Sr. Technical Specialist
Mailing address: 1430 Commonwealth Drive Suite 305
City: Wihnintton State: NC Zip: 28403-
Telephone number: (910) 264-3351 E-mail address: psimmons a.alpekpolyester.com
IV. PROJECT INFORMATION (This section is not required for permit renewal without modification):
1. If project disturbs more than one acre, provide date when an erosion and sedimentation control plan was submitted to the
Division of Land Resources for approval:
2. If project includes any stream or wetland crossings, provide date when Nationwide 12 or 404 permit was submitted for
approval:
3. Provide buffers used to maintain compliance with any applicable river basin rules in 15A NCAC 2B .0200 (e.g., Neuse River
basin buffer rules):
3. Estimated volume of residuals to be disposed at the facility: (dry tons/year).
4. 100-year flood elevation feet mean sea level. Source:
5. Specify whether the surface disposal unit(s) located:
a. within the 100-year floodplain? ❑ yes or n no
b. in a seismic impact zone? ❑ yes or ❑ no
c. less than 60 meters from a fault that has dN
lacement in Holocene time? ❑ yes or E] no
d. within an unstable area? E] yes or no
6. Does the surface disposal unit(s) restrict base flood (100-year flood) flow? ❑ yes or ❑ no
7. Please provide a description of the surface disposal unit(s) (e.g. lagoons, monofil, etc.):
8. Depth of the seasonal high water table: . feet.
9. Vertical distance between bottom of the disposal unit to the seasonal high water table: feet. The Division requires a
minimum of three (3) foot separation.
10. Explain how access to the treatment and disposal units, by both human and animals, will be controlled:
11. Describe how runoff will be collected and disposed (The runoff collection system must have the capacity to handle runoff
from a 24-hour, 25-year stone event):
12. Describe the liner for the proposed or existing disposal unit (Attach all constriction and design specifications):
13. Describe the leachate collection or decanting system for the disposal unit (Attach all construction and design specifications):
V. RESIDUALS SOURCE INFORMATION: (Required for all new, renewed, or modified residuals source)
Complete and submit the attached Residuals Source Cerlificalion and all associated documentation
w�
Residuals Source
Certification
FORM: SDR 06-16 Page 2 of 3
Professional Engineer's Certification: (Application Involving New or Changes to Treatment or Surface Disposal Units)
attest that this application for
has been reviewed by me and is accurate and complete to the best of my knowledge. I further attest that to the best of my knowledge
the proposed design has been prepared in accordance with the applicable regulations. Although certain portions of this submittal
package may have been developed by other professionals, inclusion of these materials tinder my signature and seal signifies that I have
reviewed this material and have judged it to be consistent with the proposed design.
North Carolina Professional Engineer's Seal, Signature, and Date:
Applicant's Certification:
The applicant or any affiliate has not been convicted of an environmental crime, has not abandoned a wastewater facility without proper
closure, does not have an outstanding civil penalty where all appeals have been exhausted or abandoned, are compliant with any active
compliance schedule, and do not have any overdue annual fees tinder Rule 15A NCAC 02T .0105.
y
❑ No, Explain;
( cy, Sow
(Signature Authority's Name — PLEASE PRINT)
CAPE I�� S
(Title)
attest that this application for AL —feu, �oqes7zk U s , i1 G Cak 1V154K 5
' (Facility Name)
has been reviewed by the and is accurate and complete to the best of my knowledge. I understand that the Division of Water Resources
may not conduct a technical review of this program and approval does not constitute a variance to any rules or statutes unless specifically
granted in the permit. Further, any discharge of residuals to surface waters or the land will result in an immediate enforcement action,
which may include civil penalties, injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water
Resources should a condition of this permit be violated. I also 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 to me as
incomplete.
Note: In accordance with North Carolina General Statutes § 143-215.6A and § 143-215.6B, any person who knowingly makes any false
statement, representation, or certification in any application shall be guilty of a Class 2 misdemeanor, which may include a fine not to
exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature: Date: _ 14,76
FORM: SDR 06-16 Page 3 of 3
Delaware Page 1
The First State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAMkRE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF AMENDMENT OF "DAK AMERICAS LLC",
CHANGING ITS NAME FROM "DAK AMERICAS LLC" TO "ALPEK POLYESTER
USA, LLC", FILED IN THIS OFFICE ON THE FIRST DAY OF SEPTEMBER,
A.D. 2023, AT 7:56 O'CLOCK A.M.
r
.Nhiery W. duRwtk. StaM�ry d BtNr
l.e• w �
3377627 8100..._ #' Authentication:204081379
SR# 20233399997f` Date: 09-01-23
You may verify this certificate online at corp.delaware.gov/authver.shtmi
State of Delaware
Secretary of State
Dfridon of Corporations
DA,eW 07:56 A.1f 09A1n023 CERTIFICATE OF AMENDMENT
FLED 07.56 A:4109,011023
SR 20233399997 - File\umber 3377627 Of
CERTIFICATE OF FORMATION
Of
DAK AMERICAS LLC
DAK AMERICAS LLC (the "LLC"), a limited liability company formed under the
Delaware Limited Liability Company Act (the "Act"), for the purpose of amending its Certificate
of Formation filed April 5, 2001, and pursuant to Section 18-202 of the Act, hereby certifies that:
The name of the LLC is DAK AMERICAS LLC.
2. The LLC's Certificate of Formation is hereby amended by deleting Article 1 in its
entirety and substituting in lieu thereof the following new Article I to read as
follows:
"I. The name of the limited liability company is Alpek
Polyester USA, LLC."
3. This Certificate of Amendment of Certificate of Formation shall be effective upon
filing.
IN 'WITNESS WHEREOF, the undersigned has executed this Certificate of Amendment
of Certificate of Formation as of September 1, 2023.
DAK AMERICAS LLC
/s/ Jorge Pedro Young
Name: Jorge Pedro Young
Title: President and CEO
PPAB 9730089v2
6/14/23, 227 PM Division of Corporations - Filing
Reservation Entity Entity Type Cost Status Expiration
Number Name {$) Date
Alpek
7514241 USA Polyester LimitedLiabilityCompany $75.00 Reserved 10/12/2023
1
LLC
hftpslricis.corp.delawam.gov/EcorpftmResm/NameReservStaWF.aspx ill
Form
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
► Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name (as shown on your income tax return). Name is required on
Aipek Polyester USA, LLC
2 Business name/disregarded entity name, if different from above
not
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
following seven boxes.
❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
single -member LLC
® Umited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► C
Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check
LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC the
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
❑ Other (see instructions) ►
5 Address (number, street, and apt. or
7621 Little Ave., Ste. 500
6 ulty, state, and ZIP code
Charlotte, NC 28226
account number(s) here (optional)
Give Form to the
requester. Do not
send to the IRS.
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any) 5
Exemption from FATCA reporting
code (if any)
fhpp•3 to•C40.M3Tfli VWVdMd3�* the us.)
Requester's name and address
Lim Taxpayer Identification Number (TIN) _
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals,etrrthis this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see Now to get a
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer Identification number )
Number To Give the Requester for guidelines on whose number to enter.
572 - 2 1 3 1 4 1 3 1 1 1 8 1_7
im Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or i am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign Signature of
Here U.S. person ► � rr�� Date ►
General Instru Lions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to wwwAs.gov/FormIN9.
Purpose of Forum
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer Identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following.
• Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan Interest),
1098-T (tuition)
• Form 1099-0 (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
I/ you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form W-tll (Rev. 10.2018)
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental iQuallty
November 13, 2020
KENT W. ERICKSON — CAPE FEAR SITE MANAGER
DAK AMERICAS LLC
1205 CULBRETH DRIVE — SUITE 100
WILMINGTON, NORTH CAROLINA 28405
Subject: Permit No. WQ0018087
DAK Americas — Cape Fear
Manufacturing Facility SDU
Surface Disposal of Residuals
Brunswick County
Dear Mr. Erickson:
In accordance with your permit renewal request received August 19, 2020, we are fonvarding
herewith Permit No. WQ0018087 dated November 13, 2020, to DAK Americas LLC for the continued
operation of the subject residuals management program. Please note that this renewed permit shall become
effective on February 1, 2021 (i.e., the day after the expiration date of the existing permit).
This pen -nit shall be effective from February 1, 2021 through January 31, 2027, shall void Permit
No. WQ0018087 issued February 22, 2016, and shall be subject to the conditions and limitations as
specified therein. The Permittee shall submit a renewal application no later than August 4, 2026.
Please note that the capacity of the surface disposal unit is 194,000 cubic yards, that
approximately 170,000 cubic yards have been utilized, and that the unit is no longer accepting residuals,
and no expansion of the dikes is allowed
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
February 22, 2016:
➢ Old Condition L 1. — This condition has been removed because it has been fulfilled.
➢ Old Condition 1.2. — This condition has been removed because it has been fulfilled.
➢ Old Condition I.3. — This condition has been removed because it has been fulfilled.
➢ Old Condition IH.2. — This condition has been removed because no surface disposal is
occurring and the condition is no longer applicable.
North Carolina Department of Environmental Quality Division of Water Resources
D� E 5t2 North Salisbury Street 1617 Mad Service Center Raleigh, North Carolina 27699 I617
lam__
�W+�` 919.707.9000
Mr. Kent W. Erickson
November 13, 2020
Page 2 of 3
2016:
➢ Old Condition IV.6. — This condition has been removed because initial sampling has been
done.
➢ Old Condition IV.8. —This condition has been removed because no more disposal is occurring.
➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable.
The following permit conditions are new since the last permit issuance dated February 22,
➢ Condition 11.8. — Biological residuals shall meet one of the vector attraction reduction
alternatives in 15A NCAC 02T .1107(a) and exemptions to this requirement shall be specified
in Attachment A. This condition was previously Old Condition II.7.
➢ Condition 11.9. — The surface disposal site was originally permitted by the Division on June 30,
2006. All setbacks specified by 15A NCAC 02H .02190)(5) are applicable to surface disposal
sites originally permitted or modified from February 1, 1993 to August 31, 2006, therefore
these setbacks have been added.
➢ Condition III.10. — New and expanding surface disposal units shall be provided with a liner
system with a maximum hydraulic conductivity of 10'' centimeters per second.
➢ Condition III. 11. — The surface disposal sites shall meet the requirements specified by 40 CFR
503.24(a) as stated on January 1,1996.
➢ Condition M.12. —The surface disposal sites shall not cause nuisance conditions.
➢ Condition III.14.— Runoff from a 24-hour 25-year storm event, decant water, and leachate shall
be collected from surface disposal units. This condition is similar to Old Condition III.7.
➢ Condition 111.18. — Following active use, surface disposal units shall be closed. Permits for
surface disposal units shall be maintained for three years following successful closure.
➢ Condition IVA. — Residuals shall be monitored for compliance with pathogen and vector
attraction reduction requirements at the frequency specified in Attachment A. The exemptions
from the requirements in this condition are also specified in Attachment A.
➢ Condition IV.9. — The formatting requirements for the annual report have changed. One hard
copy and one electronic copy of an annual report shall now be submitted.
➢ Condition VI.10. — This permit shall not be renewed if the Permittee or any affiliation has not
paid the required annual fee.
➢ Attachment C — In order to more closely monitor the water quality at the site, groundwater
monitoring will now be required semi-annually. This change has been made in response to the
ongoing 15A NCAC 02L .0202 exceedances.
Mr. Kent W. Erickson
November 13, 2020
Page 2 of 3
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 Poonam Giri at (919)
707-3656 or Mnam.giri(r cdenr.Rov.
Sincerely,
S. Daniel Smith, Director
Division of Water Resources T
cc: Brunswick County Health Department (Electronic Copy)
Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)
THIS PAGE BLANK
NORTH CAROLINA
ENVIRONMENTAL NIANAGEDIENT 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
DAK Americas LLC
Brunswick County
FOR THE
continued operation of a residuals management program for DAK Americas LLC and consisting of the
surface disposal of residuals generated by the approved facility listed in Attachment A to the approved site
listed in Attachment B, with no discharge of wastes to surface waters, pursuant to the application received
August 19, 2020, 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 Pemuttee
from complying with Federal Regulation 40 CFR Part 257.
The disposal site, a 12-acre pond known as the surface disposal unit (SDU) includes an underdrain system
that feeds into a sump that overflows to a gauge -monitored overflow pond that has its flow pumped back
for inclusion into the system. The SDU was covered and ceased receiving residuals on August 10, 2015.
This permit shall be effective from February 1, 2021 through January 31, 2027, shall void Permit No.
WQ0018087 issued February 22, 2016, and shall be subject to the following conditions and limitations:
I. SCHEDULES
1. The Permittee shall request renewal of this permit on Division -approved forms no later than August 4,
2026, [15A NCAC 02T .0105(b), 02T .0109]
WQ0018087 Version 3.0 Shell Version 200201 Page 1 of 10
II. PERFORMANCE STANDARDS
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, 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)
(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 I 390
125 to less than 150
62
450 420
Greater than 150
73
600 420
[15A NCAC 02T .1105(d)]
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)]
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. I 107(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)]
WQ0018087 Version 3.0 Shell Version 200201 Page 2 of 10
9. The facilities herein were permitted per the following setbacks:
a. The surface disposal sites were originally permitted June 30, 2006. 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):
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
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
' 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.
'- Setbacks to property lines are not applicable when the Permittee, or the entity from which the
Pennittee is leasing, owns both parcels separated by the property line.
3 These setbacks were applicable at the time of original permit issuance and were
repealed on
September 1, 2006.
[I SA NCAC 02H .02190)(5)]
10. Surface disposal sites permitted on or after December 30, 1983 have 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.l(i), G.S. 143-215. l(k)]
11. 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]
12. 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]
WQ0018087 Version 3.0 Shell Version 200201 Page 3 of 10
IIL 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 tides of personnel responsible for conducting sampling and monitoring;
U. 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.
[15A NCAC 02T. I 110(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
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 .I I I0(b)]
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 betaken to prevent wind erosion from residual surface disposal sites. [ 15A NCAC 02T
.0108(b)(1)(A)]
7. Until the Division approves closure of the Overflow Pond, freeboard in the Overflow Pond shall not be
less than two feet at anytime. [15A NCAC 02T .0108(b)(1)(A)]
8. A gauge to monitor waste levels in the Overflow Pond shall be provided. This gauge 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; minimum liquid level at the
bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [ I5A NCAC
02T . I 109(d)(1)(G)]
WQ0018087 Version 3,0 Shell Version 200201 Page 4 of 10
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 her system with a maximum
hydraulic conductivity of 10-7 centimeters per second. [15A NCAC 02T .1109(d)(1)(G)]
11. The surface disposal sites shall meet the requirements specified by 40 CFR 503.24(a) as stated on
January 1, 1996. [15A NCAC 02T .I 109(d)(2)(A)]
12. The surface disposal sites shall not cause nuisance conditions. [15A NCAC 02T .1109(d)(2)(B)]
13. The surface disposal sites shall not cause contravention of surface water or groundwater standards.
[15A NCAC 02T. I 109(d)(2)(C)]
14. Runoff from a 24•hour 25-year storm event, decant water, and leachate shall be collected from surface
disposal units. [15A NCAC 02T .1109(d)(2)(D)]
15. Public access to surface disposal units shall be restricted continuously. [15A NCAC 02T
.1109(d)(2)(G)]
16. Animals shall not be allowed to graze on surface disposal units. [ 15A NCAC 02T .1109(d)(2)(H)]
17. Food crops, feed crops, and fiber crops shall not be harvested from surface disposal units. [ 15A NCAC
02T .I 109(d)(2)(b]
18. 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)]
19. The final cover system for each cell of the surface disposal unit shall consist of four layers (a surface
enforcement layer (biaxial geogrid polypropylene mesh), a floating modular layer, a biogas venting
system layer, and a high density polyethylene impermeable geomembrane layer), as described in
Section 5.0 of the Closure Plan. [15A NCAC 02T .1109(c)(3)]
WQ0018087 Version 3.0 Shell Version 200201 Page 5 of 10
IV. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
program's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
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)
Chlordane (0.03) Heptachlor (and its epoxide)
(0.008)
Tetrachloroethylene (0.7)
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)
[ 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
[15A NCAC 02T. I I 11]
pH
Percent Total Solids
Nickel
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 .l 106, 02T .1107, 02T .1111(c)]
5. Representative samples of residuals that are prepared for surface disposal shall be collected and
analyzed. [15A NCAC 02T .1111(a)]
WQ0018087 Version 3.0 Shell Version 200201 Page 6 of 10
6. Monitoring wells MW-2A, MW-2B, MW-2C, MW-2D, MW-2E, and MW-3A shall be sampled at the
frequencies and for the parameters specified in Attachment C. All maPiain�. 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)]
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)]
8. 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)]
9. 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 Resorting Forms. Instructions for reporting and annual report forms are available at
http://deg.nc.gov/about/divisionslwater-resources!water-resources-permits/wastewater-branchlnon-
discharge-permitting-unitireporting-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 . l I I I (d)]
10. All records required as part of this permit shall be retained for a minimum of five years. [I 5A NCAC
02T .0108(b)(1)]
WQOO 18087 Version 3.0 Shell Version 200201 Page 7 of 10
11. 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.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
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 Wilmington 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. [15ANCAC 02T .0 1 08(b)(1)(A)]
V. INSPECTIONS
1. The Permittee shall perform inspections and maintenance to ensure proper operation of the storage and
surface disposal facilities. [15A NCAC 02T. I I 10(f)]
The Permittee shall inspect the residuals storage 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
,0 1 08(b)(1)(A), 02T .1110(fl]
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)]
WQ0018087 Version 3.0 Shell Version 200201 Page 8 of 10
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)]
S. 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 .01050)]
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. the Permmittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
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. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or
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]
WQ0018087 Version 3.0 Shell Version 200201 Page 9 of 10
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. 143-215.61), 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 Pennittee 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)]
Permit issued this the 13'h day of November 2020
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0018087
WQ0018087 Version 3.0 Shell Version 200201 Page 10 of 10
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