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WQ0018087_Final Permit_20240821
August 21, 2024 MATTHEW P. HENDRICKSON – CAPE FEAR SITE MANAGER ALPEK POLYESTER USA, LLC 1430 COMMONWEALTH DRIVE – SUITE 305 WILMINGTON, NORTH CAROLINA 28403 Subject: Permit No. WQ0018087 Alpek Polyester – Cape Fear Manufacturing Facility SDU Surface Disposal of Residuals Brunswick County Dear Mr. Hendrickson In response to your permit name change request received on February 8, 2024, and subsequent additional information received on May 31, 2024, we are forwarding herewith Permit No. WQ0018087 dated August 21, 2024, to Alpek Polyester USA, LLC for the continued operation of the subject residuals management program. This permit is effective from the date of issuance through January 31, 2027, shall replace Permit No. WQ0018087 issued on November 13, 2020, and is subject to the conditions and limitations specified therein. The Permittee shall submit a renewal application no later than August 4, 2026. During review of site history and groundwater monitoring trends during this name change application, Wilmington Regional Office staff noted consistent exceedances of the groundwater standards at the review boundary for several constituents of interest (i.e., Ammonia, Nitrate, Total Dissolved Solids, Cobalt, and Arsenic). The Permittee hypothesized these exceedances were a result of disturbances that occurred during the closure of the surface disposal unit (SDU) and surrounding site activities, and closure of unit would show a reduction in constituent. However, trends for these constituents have only slightly decreased or remained stable, while some constituents, like Ammonia in MW-2E, are increasing. Due to the persistent groundwater exceedances present at the review boundary, the Division is requiring an analysis of facility to demonstrate that these exceedances at the review boundary will not cause a violation of standards at the compliance boundary pursuant to 15A NCAC 02L .0106(d). Please note that the Permittee has utilized approximately 170,000 cubic yards of the SDU’s 194,000 cubic yard capacity, and that the SDU is no longer accepting residuals. Please pay 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 may result in non-compliance. Mr. Matthew P. Hendrickson August 21, 2024 Page 2 of 3 The Division has removed the following permit conditions since the last permit issuance dated November 13, 2020: ➢ Old Condition II.3. – The Division has removed this condition. ➢ Old Condition II.4. – The Division has replaced this condition with Condition III.4. ➢ Old Condition II.5. – The Division has replaced this condition with Condition III.5. ➢ Old Condition III.10. – The Division has removed this condition. ➢ Old Condition IV.5. – The Division has removed this condition because it is in Conditions IV.3., IV.4., and IV.5. ➢ Old Condition IV.10. – The Division has removed this condition because it is in Conditions IV.3., IV.4., and IV.5. ➢ Old Condition VI.5. – The Division has replaced this condition with Condition I.1. The following permit conditions and attachments are new or modified since the last permit issuance dated November 13, 2020: ➢ Condition I.1. – The Permittee shall perform a pollutant transport analysis for parameters that have consistently exceeded groundwater standards at the review boundary of the SDU. ➢ Condition I.3. – This condition replaces Old Condition VI.5. ➢ Condition II.8. – The Permittee shall notify the Division of any sale or transfer of property affecting a compliance boundary. ➢ Condition III.4. – This condition replaces Old Condition II.4. ➢ Condition III.5. – This condition replaces Old Condition II.5. ➢ Condition VI.10. – The Permittee shall pay an annual fee for each year of the term of this permit and continue to pay annual fees for any facility operating on an expired permit that the Division has not rescinded or revoked. This permit can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within 30 calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Those interested in filing may access additional information regarding the requirements for filing a Petition and Petition forms at the OAH website or by calling the OAH Clerk’s Office at (919) 431-3000. A party filing a Petition shall serve a copy of the Petition on the Department of Environmental Quality’s Office of General Counsel at 1601 Mail Service Center, Raleigh, NC 27699-1601. If the party filing the Petition is not the Permittee, then the party shall also serve the Permittee pursuant to G.S. 150B-23(a). Mr. Matthew P. Hendrickson August 21, 2024 Page 3 of 3 If you need additional information concerning this permit, please contact Erick Saunders at (919) 707-3659 or erickson.saunders@deq.nc.gov. Sincerely, Richard E. Rogers, Jr., Director Division of Water Resources 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 WQ0018087 Version 3.1 Shell Version 230918 Page 1 of 10 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH SURFACE DISPOSAL OF RESIDUALS PERMIT _____________________________________________________________________________________ Pursuant to 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 Alpek Polyester USA, LLC Brunswick County FOR THE continued operation of a residuals management program for Alpek Polyester USA, LLC consisting of the surface disposal of residuals generated by the approved facility listed in Attachment A to the approved site listed in Attachment B to serve the Alpek Polyester – Cape Fear Manufacturing Facility SDU, with no discharge of wastes to surface waters, pursuant to the application received on February 8, 2024, and subsequent additional information received on May 31, 2024. This permit does not exempt the Permittee from complying with 40 CFR Part 257 or 40 CFR Part 503. 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 Permittee covered the SDU and it ceased receiving residuals on August 10, 2015. This permit is effective from the date of issuance through January 31, 2027, shall replace Permit No. WQ0018087 issued on November 13, 2020, and is subject to the following conditions and limitations: WQ0018087 Version 3.1 Shell Version 230918 Page 2 of 10 I. SCHEDULES 1. Within 180 days of the issuance of this permit, the Permittee shall perform a pollutant transport analysis for parameters that have consistently exceeded groundwater standards at the SDU review boundary (i.e., Ammonia, Nitrate, Total Dissolved Solids, Cobalt, and Arsenic). This analysis shall demonstrate through predictive calculations or modeling that one or more of the following will prevent a violation of groundwater standards at the compliance boundary: a. Geologic or hydrogeologic conditions. b. Facility design. c. Operational controls. If professional judgment or predicted calculations/modeling determine an expected groundwater standard exceedance at or beyond the compliance boundary, then the Permittee shall submit a groundwater monitoring plan to determine the extent of existing contamination at the compliance boundary. The Permittee shall submit the pollutant transport analysis and groundwater monitoring plan (if necessary) via the Non-Discharge online portal. [15A NCAC 02L .0106(d), 02T .0108(b)(1)(A)] 2. Following active use, the Permittee shall close the surface disposal unit and maintain this permit for three years following successful closure. [15A NCAC 02T .1109(d)(3)] 3. If the permitted program changes ownership or the Permittee changes its name, the Permittee shall submit a permit modification request on Division-approved forms within 90 days of the change of ownership. The Permittee shall comply with all terms and conditions of this permit until the Division transfers the permit to the successor-owner. [G.S. 143-215.1(d3)] 4. 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] II. PERFORMANCE STANDARDS 1. The Permittee shall operate and maintain 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 does not perform as permitted, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease surface disposing, 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 its responsibility for contravention of groundwater or surface water standards resulting from the operation of this residuals management program. [15A NCAC 02T .0108(b)(1)(A)] WQ0018087 Version 3.1 Shell Version 230918 Page 3 of 10 3. The Permittee shall not surface dispose residuals to the sites listed in Attachment B when the residual pollutant concentrations exceed the following on a dry weight basis: Distance from Surface Disposal Unit Boundary to Closest Property Line (meters) Ceiling Concentration (milligrams per kilogram) Arsenic Chromium Nickel 0 to less than 25 30 200 210 25 to less than 50 34 220 240 50 to less than 75 39 260 270 75 to less than 100 46 300 320 100 to less than 125 53 360 390 125 to less than 150 62 450 420 Greater than 150 73 600 420 [15A NCAC 02T .1105(d)] 4. The Permittee shall only surface dispose biological residuals that meet the pathogen reduction requirements in 15A NCAC 02T .1106 to the sites listed in Attachment B or shall cover the biological residuals with soil or Division-approved material at the end of each operating day. Biological residuals generated from the treatment of wastes not containing pathogens are exempt from pathogen reduction requirements. The Division shall specify any exemptions from the requirements in this condition in Attachment A. [15A NCAC 02T .1106(a), 02T .1106(b), 02T .1106(c), 02T .1106(d), 02T .1107(b)] 5. The Permittee shall only surface dispose biological residuals that meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a) to the sites listed in Attachment B or shall cover the biological residuals with soil or Division-approved material at the end of each operating day. Industrial biological residuals are exempt from vector attraction reduction requirements if the Permittee can demonstrate that the residuals are pathogen-free or meet the pathogen reduction requirements in 15A NCAC 02T .1106(b)(2). The Division shall specify any exemptions from the requirements in this condition in Attachment A. [15A NCAC 02T .1107(a), 02T .1107(b), 02T .1107(c)] 6. For residual surface disposal sites originally permitted on or after December 30, 1983, the Division has established the compliance boundary 250 feet from the surface disposal area boundary or 50 feet within the property boundary, whichever is closest to the surface disposal area boundary. Any exceedance of groundwater standards at or beyond the compliance boundary shall require the Permittee to take corrective action. The Division shall note any Division-approved relocation of the compliance boundary in Attachment B. The Division shall consider multiple contiguous properties under common ownership and permitted for use as a disposal system as a single property regarding the determination of a compliance boundary. [15A NCAC 02L .0106(e), 02L .0107(b), 02L .0107(c), 02L .0107(f), 02T .0105(h)] 7. The Division has established the review boundary midway between the compliance boundary and the surface disposal area boundary. Any exceedance of groundwater standards at or beyond the review boundary shall require the Permittee to take preventative action. [15A NCAC 02L .0106(d), 02L .0108] 8. The Permittee shall notify the Division of any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC 02L .0107(l)] 9. The Permittee or any landowner who owns land within the compliance boundary shall not construct any water supply wells within the compliance boundary. [15A NCAC 02L .0107(i)] WQ0018087 Version 3.1 Shell Version 230918 Page 4 of 10 10. The Permittee shall operate and maintain the permitted facilities pursuant to the following setbacks: a. The Division originally permitted the surface disposal sites on June 30, 2006, with an application received on February 25, 2000. The setbacks for surface disposal sites originally permitted or modified with an application received from February 1, 1993, through August 31, 2006, are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 400 1 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 2 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15 x. Each water line: 10 xi. Each swimming pool: 100 xii. Public right of way: 50 xiii. Nitrification field: 20 xiv. Each building foundation or basement: 15 1 Habitable residences or places of assembly under separate ownership constructed after the Division originally permitted or subsequently modified the facilities are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02H .0219(j)(5)] III. OPERATION AND MAINTENANCE 1. The Permittee shall operate and maintain the subject residuals management program as a non-discharge system. [15A NCAC 02T .0101] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include: a. A description of the program and all associated facilities and equipment in sufficient detail to show what operations are necessary for the program to function and who shall conduct the operations. b. A description of anticipated maintenance of facilities and equipment associated with the program. c. Provisions for safety measures, including restriction of access to sites and equipment . d. Spill control provisions that include response to upsets and bypasses, including control, containment, and remediation; and contact information for personnel, emergency responders, and regulatory agencies. e. Detailed procedures for sampling and monitoring to ensure that the program stays in compliance with this permit. f. Detailed procedures for post-closure care management. [15A NCAC 02T .1110(a)] WQ0018087 Version 3.1 Shell Version 230918 Page 5 of 10 3. Upon the Water Pollution Control System Operators Certification Commission’s (WPCSOCC) classification of the subject non-discharge facilities, 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 its Back-up shall operate and visit the facilities as required pursuant to 15A NCAC 08G .0204 and 08G .0205. [15A NCAC 02T .0117] 4. The Permittee shall ensure that this permit and the Division-approved Operation and Maintenance Plan are available when surface disposing residuals. [15A NCAC 02T .1110(b)] 5. The Permittee shall ensure that spill control provisions are available when transporting or surface disposing residuals. [15A NCAC 02T .1110(a)(4)] 6. The Permittee shall take measures to prevent wind erosion from the surface disposal sites listed in Attachment B. [15A NCAC 02T .0108(b)(1)(A)] 7. Until the Division approves the closure of the Overflow Pond, freeboard in the Overflow Pond shall not be less than two feet at any time. [15A NCAC 02T .0108(b)(1)(A)] 8. The Permittee shall provide a gauge to monitor freeboard levels in the Overflow Pond. This gauge shall have readily visible permanent markings, at inch or tenth of foot increments, indicating the following elevations: the maximum liquid level at the top of the temporary liquid storage volume, the minimum liquid level at the bottom of the temporary liquid storage volume, and the lowest point on top of the dam. [15A NCAC 02T .1109(d)(1)(G)] 9. The Permittee shall establish and maintain a protective vegetative cover on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., the outside toe of the embankment to the maximum allowable temporary storage elevation on the inside of the embankment). The Permittee shall remove all trees, shrubs, and other woody vegetation from earthen dikes and embankments. The Permittee shall keep all earthen embankments mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)(A)] 10. The surface disposal sites shall meet the requirements specified in 40 CFR 503.24(a). [15A NCAC 02T .1109(d)(2)(A)] 11. The surface disposal sites shall not cause nuisance conditions. [15A NCAC 02T .1109(d)(2)(B)] 12. The surface disposal sites shall not cause contravention of surface water or groundwater standards. [15A NCAC 02T .1109(d)(2)(C)] 13. The Permittee shall collect runoff from a 24-hour 25-year storm event, decant water, and leachate from the surface disposal units. [15A NCAC 02T .1109(d)(2)(D)] 14. The Permittee shall continuously restrict public access to the surface disposal units. [15A NCAC 02T .1109(d)(2)(G)] 15. The Permittee shall not graze animals on the surface disposal units. [15A NCAC 02T .1109(d)(2)(H)] 16. The Permittee shall not harvest food crops, feed crops, and fiber crops from the surface disposal units. [15A NCAC 02T .1109(d)(2)(I)] 17. The Permittee shall operate and maintain the final cover system for each cell of the surface disposal unit (consisting 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 3.1 Shell Version 230918 Page 6 of 10 IV. MONITORING AND REPORTING 1. The Permittee shall conduct and report any Division-required monitoring, including the monitoring of groundwater, surface water or wetlands, waste, wastewater, residuals, soil, treatment processes, lagoon or storage ponds, and plant tissue, if necessary to evaluate this program’s impact on groundwater and surface water. [15A NCAC 02T .0108(c)] 2. A Division-certified laboratory shall conduct all required analyses. [15A NCAC 02H .0805] 3. The Permittee shall analyze the residuals from each source-generating facility to demonstrate they are non-hazardous under the Resource Conservation and Recovery Act (RCRA). The Permittee shall not surface dispose residuals that test or are classified as hazardous or toxic waste under 40 CFR Part 261. The Permittee shall perform the corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP) analyses for each source-generating facility at the frequency specified in Attachment A. The Permittee shall maintain these results for five years and shall make them available to the Division upon request. The Division shall specify any exemptions from the requirements in this condition 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 .1101, 02T .1111(a)] 4. The Permittee shall analyze the residuals from each source-generating facility for metals at the frequency specified in Attachment A. The Permittee shall maintain these results for five years and shall make them available to the Division upon request. Each analysis shall include the following parameters: Arsenic Nickel pH Chromium Percent Total Solids [15A NCAC 02T .1111(a), 02T .1111(c)] WQ0018087 Version 3.1 Shell Version 230918 Page 7 of 10 5. The Permittee shall monitor the residuals from each source-generating facility for compliance with the pathogen and vector attraction reduction requirements at the frequency specified in Attachment A. The monitoring results shall specify the stabilization process utilized, demonstrate compliance with the pathogen reduction requirements in 15A NCAC 02T .1106, and comply with one vector attraction reduction requirement in 15A NCAC 02T .1107. The Division shall specify any exemptions from the requirements in this condition in Attachment A. The Permittee shall maintain these results for five years and shall make them available to the Division upon request. [15A NCAC 02T .1106, 02T .1107, 02T .1111(a), 02T .1111(c)] 6. The Permittee shall maintain records of all residual surface disposal events. The Permittee shall maintain these records for five years and shall make them available to the Division upon request. These records shall include: a. Residual source(s) as listed in Attachment A. b. Date of surface disposal. c. Volume of residuals applied per acre in gallons, cubic yards, dry tons, or wet tons. [15A NCAC 02T .0108(c)] 7. The Permittee shall sample monitoring wells MW-2A, MW-2B, MW-2D, MW-2E, and MW-3A at the frequencies and for the parameters specified in Attachment C. [15A NCAC 02T .0105(m) ] 8. On or before the last day of the month following the previous month’s sampling, the Permittee shall submit a Compliance Monitoring Form (GW-59) and its associated laboratory analyses for each monitoring well in Attachment C. The Permittee shall submit the Compliance Monitoring Forms via the Non-Discharge monitoring report portal. [15A NCAC 02T .0105(m)] 9. On or before March 1st of each calendar year, the Permittee shall submit a Residuals Annual Report containing all the required monitoring, analyses, and records in Conditions IV.3, IV.4, IV.5, IV.6, and IV.7. Residuals Annual Report instructions and forms are located on the Non-Discharge website. If no activities occurred during the calendar year, the Permittee shall still submit a Residuals Annual Report documenting the absence of activity. The Permittee shall submit the Residuals Annual Report via the Non-Discharge online portal. [15A NCAC 02T .1111(d)] 10. Noncompliance Notification The Permittee shall report to the Wilmington Regional Office, telephone number (910) 796-7215, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, structural, etc.) that makes the facility incapable of adequate residual treatment. c. Any failure resulting in a discharge to surface waters. d. Any time self-monitoring indicates the program has gone out of compliance with its permit limitations. e. Surface disposal of residuals that are abnormal in quantity or characteristic. f. Any discharge from a vehicle or piping system transporting or conveying residuals. Emergencies requiring reporting outside normal business hours shall call the Division’s Emergency Response personnel at the telephone number (800) 858-0368. 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. [15A NCAC 02T .0108(b)(1)(A)] WQ0018087 Version 3.1 Shell Version 230918 Page 8 of 10 V. INSPECTIONS 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the Permittee’s treatment, storage, distribution, and surface disposal facilities. [15A NCAC 02T .1110(f)] 2. The Permittee shall inspect the Permittee’s treatment, storage, distribution, 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 five years from the date of the inspection and shall make this log available to the Division upon request. [15A NCAC 02T .1110(f)] 3. Division-authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the residuals management program 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 influent, treatment process water, effluent, residual, soil, plant tissue, groundwater, or surface water samples. [G.S. 143- 215.3(a)(2)] VI. GENERAL 1. The Permittee’s failure to comply with this permit’s conditions and limitations 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 for the nature and volume of wastes described in the permit application and Division-approved plans and specifications. [G.S. 143-215.1(d)] 3. There are no variances to administrative codes or general statutes governing the construction or operation of the permitted facilities unless the Permittee specifically requested a variance in the application and the Division approved the variance as noted in this permit’s facility description. [15A NCAC 02T .0105(b)] 4. 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 .0108(b)(1)(A)] 5. The Permittee shall retain this permit and the Division-approved plans and specifications for the life of the permitted facilities. [15A NCAC 02T .0105(o), 02T .0116(d)] 6. The Permittee shall comply with all permit conditions and requirements until the proper closure of the permitted facilities, or until another appropriate authority permits the facilities. [15A NCAC 02T .0105(j)] WQ0018087 Version 3.1 Shell Version 230918 Page 9 of 10 7. 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 15A NCAC 02T. b. Obtaining a permit by misrepresentation or failure to disclose all relevant facts. c. The Permittee’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 the Permittee keeps any Division-required records under the terms and conditions of this permit. ii. To have access to any permit-required documents and records. iii. To inspect any monitoring equipment or method as required in this permit. iv. To sample any pollutants. d. The Permittee’s failure to pay the annual fee for administering and compliance monitoring. e. A Division determination that the conditions of this permit conflict with the North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] 8. Unless the Division determines that the Permittee needs a permit modification for the construction of facilities to resolve non-compliance with any environmental statute or rule, or the Division Director grants a variance, expansion of the permitted program shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.6B or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this conviction. 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 in accordance with its permit or 15A NCAC 02T. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty and the Permittee or any parent, subsidiary, or other affiliate of the Permittee has abandoned or exhausted all appeals of this penalty. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee pursuant to 15A NCAC 02T .0105(e)(2). [15A NCAC 02T .0120(b), 02T .0120(d)] WQ0018087 Version 3.1 Shell Version 230918 Page 10 of 10 9. Unless the Division Director grants a variance, the Division shall not renew this permit if the Permittee or any affiliation has not paid an annual fee pursuant to 15A NCAC 02T .0105(e)(2). [15A NCAC 02T .0120(c), 02T .0120(d)] 10. The Permittee shall pay an annual fee for each year of the term of this permit pursuant to the schedule in G.S. 143-215.3D(a). The Permittee shall continue to pay annual fees for any facility operating on an expired permit that the Division has not rescinded or revoked. [15A NCAC 02T .0105(e)(2)] Permit issued this the 21st day of August 2024 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ____________________________________________ Richard E. Rogers, Jr., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0018087 ATTACHMENT A – APPROVED RESIDUAL SOURCES Certification Date: August 21, 2024 Alpek Polyester USA, LLC Permit Number: WQ0018087 Version: 3.1 WQ0018087 Version 3.1 Attachment A Page 1 of 1 Permittee Facility County Permit Number Biological Residuals Maximum Dry Tons per Year 1 Monitoring Frequency for Non-hazardous Characteristics 2 Monitoring Frequency for Metals 3, 6 Monitoring Frequency for Pathogen & Vector Attraction Reductions 4, 5, 6 Approved Mineralization Rate Alpek Polyester USA, LLC Cape Fear Site Brunswick NC0000663 No 0 Not required Not Required Not Required N/A Total: 0 1. Maximum Dry Tons per Year is the quantity of residuals approved for surface disposal from each permitted facility. 2. Analyses to demonstrate that the residuals are non-hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.3. 3. Testing of metals as stipulated under permit Condition IV.4. 4. Analyses of the pathogen and vector attraction reductions as stipulated under permit Condition IV.5. 5. Class B non-biological residuals are exempt from meeting the pathogen and vector attraction reduction requirements in Condition IV.5, pro vided the Permittee does not mix them with residuals generated during the treatment of domestic wastewater, the treatment of animal processing wastewater, or the biological treat ment of industrial wastewater. The Permittee shall treat and process Class B non-biological residuals in a manner as not to meet the definition of “Biological Residuals” as defined in 15A NCAC 02T .1102(6). 6. Monitoring frequencies are based on the actual dry tons applied per year using the table below unless specified above. Dry Tons Applied (metric tons) Dry Tons Applied (short tons per year) Monitoring Frequency (15A NCAC 02T .1111(c)) < 290 < 319 Once per year (Annually) ≥ 290 to < 1,500 ≥ 319 to < 1,650 Once per quarter (4 x Year) ≥ 1,500 to < 15,000 ≥ 1,650 to < 16,500 Once per 60 days (6 x Year) ≥ 15,000 ≥ 16,500 Once per month (12 x Year) The Division shall not require sampling if no surface disposal events occur during the required sampling period. The annual report shall include an explanation for missing sampling data. The United States Environmental Protection Agency (US EPA) may require Permittees that submit annual reports to their agency to make up the missed sampling. Contact the US EPA for additional information. THIS PAGE BLANK ATTACHMENT B – APPROVED SURFACE DISPOSAL SITES Certification Date: August 21, 2024 Alpek Polyester USA, LLC Permit Number: WQ0018087 Version: 3.1 WQ0018087 Version 3.1 Attachment B Page 1 of 1 Site Owner Lessee Parcel No. County Latitude Longitude Net Acreage Dominant Soil Series Footnotes 1 Alpek Polyester USA, LLC 01100001 Brunswick 34.314622° -78.034305° 12 N/A 1, 2 Total: 12 1. The Permittee has utilized approximately 170,000 cubic yards of the SDU’s 194,000 cubic yard design capacity. 2. The Permittee shall not add additional waste or residuals to the SDU. THIS PAGE BLANK ATTACHMENT C – GROUNDWATER MONITORING AND LIMITATIONS Certification Date: August 21, 2024 Alpek Polyester USA, LLC Permit Number: WQ0018087 Version: 3.1 WQ0018087 Version 3.1 Attachment C Page 1 of 2 Monitoring Wells: MW-2A, MW-2B, MW-2C, MW-2D, MW-2E, and MW-3A GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 01022 Arsenic, Total (as As) 0.01 mg/L 2 x Year Grab 1 01027 Cadmium, Total (as Cd) 0.005 mg/L 2 x Year Grab 1 00940 Chloride (as Cl) 250 mg/L 2 x Year Grab 1 01034 Chromium, Total (as Cr) 0.05 mg/L 2 x Year Grab 1 01037 Cobalt, Total (as Co) 0.001 mg/L 2 x Year Grab 1 01042 Copper, Total (as Cu) 1 mg/L 2 x Year Grab 1 01051 Lead, Total (as Pb) 0.015 mg/L 2 x Year Grab 1 00927 Magnesium, Total (as Mg) mg/L 2 x Year Grab 1 71900 Mercury, Total (as Hg) 0.001 mg/L 2 x Year Grab 1 01067 Nickel, Total (as Ni) 0.1 mg/L 2 x Year Grab 1 00610 Nitrogen, Ammonia Total (as N) 1.5 mg/L 2 x Year Grab 1 00620 Nitrogen, Nitrate Total (as N) 10 mg/L 2 x Year Grab 1 00400 pH 5.5-8.5 su 2 x Year Grab 1, 2, 6 00665 Phosphorus, Total (as P) mg/L 2 x Year Grab 1 01147 Selenium, Total (as Se) 0.05 mg/L 2 x Year Grab 1 70300 Solids, Total Dissolved - 180 ºC 500 mg/L 2 x Year Grab 1 GWVOC Volatile Compounds (GW) Present: Yes/No Annually Grab 1, 4, 5 82546 Water Level, Distance from measuring point feet 2 x Year Calculated 1, 2, 3 01092 Zinc, Total (as Zn) 2.1 mg/L 2 x Year Grab 1 1. The Permittee shall conduct 2 x Year monitoring in June and December, and Annual monitoring in December. 2. The Permittee shall measure the water levels prior to purging the wells. The Permittee shall measure the depth to water in each well from the surveyed point on the top of the casing. The Permittee shall measure pH after purging and prior to sampling for the remaining parameters. 3. The Permittee shall survey the measuring points (top of well casing) of all monitoring wells to provide the relative elevatio n of the measuring point for each monitoring well. The Permittee shall survey the measuring points (top of casing) of all monitoring wells relative to a common datum. ATTACHMENT C – GROUNDWATER MONITORING AND LIMITATIONS Certification Date: August 21, 2024 Alpek Polyester USA, LLC Permit Number: WQ0018087 Version: 3.1 WQ0018087 Version 3.1 Attachment C Page 2 of 2 4. Volatile Organic Compounds (VOC) – Analyze by one or more of the following methods: a. Standard Method 6200 B-2011, PQL at 0.5 μg/L or less b. Standard Method 6200 C-2011, PQL at 0.5 μg/L or less c. SW-846 Method 8021 B, Low Concentration, PQL at 0.5 μg/L or less d. SW-846 Method 8260 D, Low Concentration, PQL at 0.5 μg/L or less e. Another method with prior approval by the Water Quality Permitting Section Chief Any method used shall meet the following qualifications: a. A Division-certified laboratory shall run any method used. b. The method used shall include all the constituents listed in Table 6200:I of Standard Methods. c. The method used shall provide a PQL of 0.5 μg/L or less supported by laboratory proficiency studies as required by the Divisi on’s Laboratory Certification Branch. A Division-certified laboratory shall qualify (estimate) and report any constituents detected above the MDL but below the PQL of 0.5 μg/L. 5. If monitoring detects any volatile organic compounds (VOC), then the Permittee shall immediately contact the Wilmington Regional Office supervisor, telephone number (910) 796-7215, for further instructions regarding any additional follow-up analyses required. 6. Pursuant to 15A NCAC 02L .0202(b)(3), the Division has established a background minimum pH of 5.50 standard units in accordance with historical measurements made in upgradient background well MW-3A. 7. The Permittee shall report monitoring well data on Compliance Monitoring Forms (GW-59s) consistent with the nomenclature and location information provided in this attachment. WQ0018087 DAK Americas LLC Cape Fear Manufacturing Facility Surface Disposal of Residual Solids Legend DAK Americas LLC - Cape Fear Site Monitoring Well Review Boundary Stormwater Runoff Pond Surface Disposal Unit WQ0018087 2000 ft N ➤➤ N © 2020 Google © 2020 Google © 2020 Google O t t e r B r a n c h C a p e F e a r R i v e r --