HomeMy WebLinkAboutWQ0000452_Final Permit_19971124~State of North Carolina DEC
Department of Environment
and Natural Resources A[4J
Division of Water Quality
WOOL
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary ' '
A. Preston Howard, Jr., P.E., D rector E) FE M_
November 24, 1997 -
Larry D. Evans, CHMM, Scientist
EnvuoQmental Protection -Environmental, Health & Safety
Duke Energy Corporation
13339 Hagers Ferry Road
Huntersville, North Carolina 28078-7929
Subject: Permit No. WQ0000452
Duke Energy Corporation
Ash Reuse Program
Dear Mr. Evans Catawba County
In accordance with the renewal requests received on July 18, 1997, we are forwarding herewith
Permit No. WQ0030452, dated November 24, 1997, to the Duke Energy Corporation for the continued
operation of a ash reuse program. This permit �s being reissued to combine all seven permits previously
issued ?o Duke Energy facilities (as'is`ed in Condition 111) into one permit.
This permit shall be effective from the date of issuance until October 31, 2002, shall void Permit
No. WQ0000452 issued April 29, 1994, shall void Permit No. WQ0000563 issued June 21, 1996, shall
void Permit No. WQ0003253 issued June 21, 1996, shall void Permit No. WQ0003254 issued Apri:. 29,
1994, shall void Permit No. WQ0003255 issued April 29, 1994, shall void Permit No. WQ0007210
issued April 29, 1994, shall void Permit No. WQ0007211 issued April 29, 1994, and shall be subject to
the conditions and limitations as specified therein. Please pay particular attention to the monitoring and
reporting requirements contained in this permit. Failure to establish an adequate system for collecting and
maintaining the required operational information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Mr. Michael D. Allen at
(9: 9) 733-5083 extension 547.
Sincerei
,14k. Prestor. Howar{', Jr., P.E.
cc: NCDWQ Regional Offices-, Water Quality Sectiani
Non -Discharge CompliancelFnforcement Unit
P.O. Box 29535. Raleigh. North Carokna 27626-0535 Telephone (� 19) 733-5083 FAX(919)733-0719
An Equal Opportunity Affirmative. Action Employer 50'/o recycled/ 0'/o pos-consume, paper
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
ASH REUSE 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
Duke Energy Corporation
Catawba County
FOR THE
continued operation of an ash reuse program consisting of the utilization of ponded ash, fly ash, bottom
ash, and mill rejects from the sources listed in Condition 111, with no discharge of wastes to the surface
waters, pursuant to the renewal requests received on July 18, 1997, and in conformity with the projec
plan, specifications, and other supporting data subsequently filed and approved by the Department of
Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until October 31, 2002, shall void Permit
No. WQ0000452 issued April 29, 1994, shall void Permit No. WQ0000563 issued June 21, 1996, shall
void Permit No. WQ0003253 issued June 21, 1996, shall void Permit No. WQ0003254 issued April 29,
1994, shall void Permit No. WQ0003255 issued April 29, 1994, shall void Permit No. WQ0007210
issued April 29, 1994, shall void Permit No. WQ000721 I issued April 29, 1994, and shall be subject to
the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. This permit shall become voidable if the ash reuse program is not maintained and operated
in a manner which will protect the assigned water quality standards of the surface waters
and ground waters.
2. The ash reuse program shall be effectively maintained and operated as a non -discharge
system to prevent the discharge of any wastes resulting from the operation of this program.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages
to surface or groundwaters resulting from the operation of this program.
4. In the event that the ash reuse program is not operated satisfactorily, including the creation
of nuisance conditions, the Permittee shall cease the particular ash reuse operation and take
any immediate corrective actions as may be required by the Division of Water Quality
(Division)
II.
5. Written notification must be submitted to the appropriate regional office (as outlined in
Attachment 1) at least two weeks prior to any use of the ash within 50 feet of surface
waters.
6. No ash shall be used within 100 feet of a potable water supply well unless a clay or
synthetic liner is placed over and under the ash during installation. It will the responsibility
of the Duke Energy Company to verify the position and integrity of the liner prior to
backfill. Under no circumstances will ash fill be located within 25 feet of a potable water
supply well.
OPERATION AND MAINTENANCE REQUIRE ENTS.
I . The following facilities are hereby approved for ash reuse in accordance with this permit:
Source County
Allen Steam Station
Gaston
Belews Creek Steam Station
Stokes
Buck Steam Station
Rowan
Cliffside Steam Station
Rutherford
Dan River Steam Station
Rockingham
Marshall Steam Station
Catawba
Riverbend Steam Station
Gaston
2. The following uses of ash are hereby approved.
a. Fly ash and bottom ash may be used for structural fillsl such as Government or
Commercial roadways, embankments, foundations, and construction foundations.
b. Fly ash may be used for flowable fi11s2 such as cement and brick mixtures, backfill
materials around water mains3, sanitary sewers, and storm drainage structures.
c. Bottom ash may be used for secondary road overlay4, residential driveway overlay with
less than 25 cubic yards used, farm roads and high -traffic farm areas, snow and ice
control, drainage material, pipe bedding for railroad beds, and underground storage
tanks.
d. Fly ash may be used for wastewater residuals solidification and stabilization provided it
is identified as a source of liming material and submitted with the appropriate
application package by the user and approved by this Division. All stabilization
methods utilized must receive prior approval from the Division for the appropriate
permit to be issued.
e. Fly ash may be used as a soil amendment upon receiving written approval from the
County Agriculture Extension Agent.
f. Fly ash and bottom ash may be used in other applications once written approval is
received by the Division on a case by case basis.
g. Mill rejects may be removed from the ash basin and burned in commercial/industrial
boilers/furnaces for energy recovery.
h. Bottom ash may be utilized for snow and ice control at a rate not to exceed 700 pounds
per mile lane. This activity is considered de minimus with respect to environmental
impact, therefore, Conditions 15 and 16 above shall not apply to this alternative.
2
1 Structural fills can also be described as engineered fills constructed of fly ash and bottom
ash properly placed and compacted.
2 Fly ash which are used for flowable fills are exempt from all buffer requirements found
in the subject permit.
3 Upon approval from the Division of Environmental Health, Public Water Supply Section.
4 Fly ash may not be used at any time as a secondary road overlay.
3. Adequate procedures shall be provided to prevent wind erosion and/or surface runoff or
erosion from carrying any ash from its utilization area onto any adjacent property or into
any surface waters.
4. No other form of ash other than bottom ash for snow and ice control is to be applied in
inclement weather or until 24 hours following a precipitation event equal to a rainfall event
of 1/2 -inch or greater in 24 hours.
5. No ash shall be utilized for land reclamation within one foot of a seasonal high water table
and within three feet of a permanent water table.
6. No ash shall be utilized as pipe bedding for sewer or potable water lines.
7. The permittee shall ensure that the transportation of ash does not cause any adverse impact,
i.e. transport in a leak proof truck for wet material, ensure that trucks are covered for dry
material, or otherwise protected to prevent any adverse impact resulting from the operation.
MClN�T)RIhiG_AND REPORTINGGIt !UIREMEND
1. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division to insure protection of the environment will be
established and an acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee tracking all utilization activities. These
records shall include, but are not necessarily limited to the following information:
a. source and type of ash
b. date of residual application
c. location of ash utilization
d. volume of ash utilized in tons'
e. ash receiver, and
f. intended use of the ash.
' For volumes less than 25 cubic yards, records shall include only items a, d, e, and f.
3. A representative ash analysis shall be conducted annually from the date of permit issuance
by the Permittee on each source of ash and the results maintained on file by the Permittee
for a minimum of five years. The ash analysis shall include but is not necessarily limited to
the following parameters:
Arsenic
Nickel
Magnesium
Cadmium
Selenium
Sodium
Chromium
Zinc
Mangan
Copper
Barium
pH
Lead
Silver
Phosphorus
Mercury
Calcium
Potassium
3
A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the
Permittee annually on each ash source. The TCLP analysis shall include the following
parameters (please note the regulatory level in mg/L in parentheses):
Arsenic (5.0)
Benzene (0.5)
Carbon tetrachloride (0.5)
Chlorobenzene (100.0)
Chromium (5.0)
m -Cresol (200.0)
Cresol (200.0)
1,4 -Dichlorobenzene (7.5)
1,1-Dichloroethylene (0.7)
Endrin (0.02)
Hexachlorobenzene (0.13)
Hexachloroethane (3.0)
Lindane (0.4)
Methoxychlor (10.0)
Nitrobenzene (2.0)
Pyridine (5.0)
Silver (5.0)
Toxaphene (0.5)
2,4,5 -Trichlorophenol (400.0)
2,4,5 -TP (Silvex) (1.0)
Barium (100.0)
Cadmium (1.0)
Chlordane (0.03)
Chloroform (6.0)
o -Cresol (200.0)
p -Cresol (200.0)
2,4-D (10.0)
1,2-Dichloroethane (0.5)
2,4-Dinitrotoluene (0.13)
Heptachlor (and its hydroxide) (0.008)
Hexachloro-1,3-butadiene (0.5)
Lead (5.0)
Mercury (0.2)
Methyl ethyl ketone (200.0)
Pentachlorophenol (100.0)
Selenium (1.0)
Tetrachloroethylene (0.7)
Trichloroethylene (0.5)
2,4,6 -Trichlorophenol (2.0)
Vinyl chloride (0.2)
Three copies of all required monitoring and reporting requirements as specified in
conditions 1111, 111 2, III 3, and 1114 shall be submitted annually on or before March 1 of
the following year to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
t Noncompliance Notification:
The Permittee shall report by telephone to the appropriate regional office (as outlined in
Attachment 1) as soon as possible, but in no case more than 24 hours or on the next
working day following the occurrence or first knowledge of the occurrence of any of the
following:
a. Any occurrence with the ash reuse program which results in the utilization of significant
amounts of ash which are abnormal in quantity or characteristic.
b. Any failure of the ash reuse program resulting in a release of ash to any surface w Iters.
c. Any spillage or discharge from a vehicle or piping system transporting the ash to a
utilization site.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within five (5) days following fust knowledge of the occurrence. This report must
outline the actions taken or proposed to be taken to ensure that the problem does not recur.
1. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V.INSI!ECTIONS
1. The Permittee or his designee shall inspect the ash storage and transport facilities to prevent
malfunctions and deterioration, operator errors and discharges which may cause or lead to
the release of wastes to the environment, a threat to human health, or a nuisance. The
Permittee shall maintain an inspection log or summary including at least the date and time of
inspection, observations made, and any maintenance, repairs, or corrective actions taken by
the Permittee. This log of inspections shall be maintained by the Permittee for a period of
five years from the date of the inspection and shall be made available to the Division or
other permitting authority, upon request.
2. Any duly authorized officer, employee, or representative of the Division may, upon
presentation of credentials, enter and inspect any property, premises or place on or related
to the application site or facility at any reasonable time for the purpose of determining
compliance with this permit; may inspect or copy any records that must be kept under the
terms and conditions of this permit; and may obtain samples of groundwater, surface
water, or leachate.
VI. GENERAL. CONDITIONS
1. This permit shall become voidable unless the ash reuse program is carried out in accordance
with the conditions of this permit, the supporting materials, and in the manner approved by
this Division.
2. This permit is effective only with respect to the nature and volume of ash described in the
application and other supporting data
3. This permit is not automatically transferable. In the event that there is a desire for the
facilities to change ownership or a name change of the Permittee, a formal permit request
must be submitted to the Division accompanied by an application fee, documentation from
the parties involved, and other supporting materials as may be appropriate. The approval
of this request will be considered on its merits and may or may not be approved.
4. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statute 143-215.6A to 143-215.6C.
5. The annual administering and compliance fee must be paid by the Permittee within thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205
(c)(4).
6. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
The Permittee, at least six (6) months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Commission will review the adequacy of the
facilities described therein, and if warranted, will extend the permit for such period of time
and under such conditions and limitations as it may deem appropriate.
This permit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division deems necessary in order to
adequately protect the environment and public health.
Permit issued this the twenty-fourth day of November, 1997
NORTHINA/;MANAGEMENT7
AL COMMISSION
CA
,
-/A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0000452
ATTACHMENT 1
DIVISION OF WATER QUALITY REGIONAL OFFICES
Asheville Regional WQ Supervisor
59 Woodfin Place
Asheville, NC 28801
(704) 251-6208
Fax (704) 251-6452
Avery
Macon
Buncombe
Madison
Burke
McDowell
Caldwell
Mitchell
Cherokee
Polk
Clay
Rutherford
Graham
Swain
Haywood
Transylvania
Henderson
Yancy
Jackson
Union
Fayetteville Regional WQ Supervisor
Wachovia Building, Suite 714
Fayetteville, NC 28301
(910) 486-1541
Fax (910) 486-0707
Washington Regional WQ Supervisor
943 Washington Square Mall
Washington, NC 27889
(919) 946-6481
Fax(919)975-3716
Beaufort Jones
Bette
Lenoir
Camden
Martin
Chowan
Pamlico
Craven
Pasquotank
Currituck
Perquimans
Dane
Pitt
Gates
Tyrell
Greene
Washington
Hertford
Wayne
Hyde
Union
Mooresville Regional WQ Supervisor
919 North Main Street
Mooresville, NC 28115
(704)663-1699
Fax(704)663-6040
Raleigh Regional WQ Supervisor
Post Office Box 27687
Raleigh, NC 27611
(919) 571-4700
Fax(919)571-4718
Chatham
Nash
Durham
Northampton
Edgecombe
Orange
Franklin
Person
Granville
Vance
Halifax
Wake
Johnston
Wan=
Lee
Wilson
Wilmington Regional WQ Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
(910)395-3900
Fax(910)350-2004
Anson
Moore
Alexander
Lincoln Brunswick New Hanover
Bladen
Robeson
Cabarrus
Mecklenburg Carteret Onslow
Cumberland
Richmond
Catawba
Rowan Columbus Pender
Harnett
Sampson
Cleveland
Stanly Duplin
Hoke
Scotland
Gaston
Union
Montgomery
Ire"
Winston-Salem Regional WQ Supervisor
585 Waughtown Street
Winston-Salem, NC 27107
(910) 771-4600
Fax(910)771-4631
Alamance
Rockingham
Alleghany
Randolph
Ashe
Stokes
Caswell
Surry
Davidson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford