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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