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HomeMy WebLinkAboutWQ0001492_Final Permit_20160725Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secrewy S. JAY ZIMMERMAN Director July 25, 2016 MIKE ANDERSON — VICE PRESIDENT OCCIDENTAL CHEMICAL CORPORATION 5 GREENWAY PLAZA— SUITE 110 HOUSTON, TEXAS 77046-0521 Dear Mr. Anderson: Subject: Permit No. WQ0001492 Elementis Chromium Castle Rayne Manufacturing Facility Surface Disposal of Industrial Byproduct Residuals New Hanover County In accordance with your permit renewal request received February 17, 2016, and subsequent additional information received May 17, 2016, we are forwarding herewith Permit No. WQ0001492 dated July 25, 2016, to the Occidental Chemical Corporation for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on September 1, 2016 (i.e. the day after the expiration date of the existing permit), which differs from the date of this letter. This permit shall be effective from September 1, 2016, until August 31, 2021, shall void Permit No. WQ0001492 issued September 25, 2007, and shall be subject to the conditions and limitations as specified therein. 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 the following permit conditions have been removed since the last permit issuance dated September 25, 2007: ➢ Old Condition IV.11. — Duration of record keeping is part of each individual record keeping requirement condition. Please note the following permit conditions are new since the last permit issuance dated September 25, 2007: ➢ Condition I1.3. — Newly constructed wells to be constructed according to regulations. ➢ Condition 11.8. — Similar to Old Condition 11.6., but now the concentrations allowed are a function of the distance from the surface disposal unit to the nearest property line. ➢ Condition 11.9. — Biological residuals disposed to be exempt from meeting pathogen reduction or vector attraction reduction if covered each day. Non -biological residuals are exempt. State of North Carolina I Environmental Quality I Water Resources I Water Quality Permitting I Non -Discharge Permitting 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6464 Mr. Mike Anderson July 25, 2016 Page 2 of 2 ➢ Condition II.11. — Similar to Old Condition II.9., but note is made that any additional exceedances will result in additional corrective action since currently corrective actions being taken. ➢ Condition II.12. — Similar to Old Condition II.10., but note is made that any additional exceedances will result in additional corrective action since currently corrective actions being taken. ➢ Condition III.2. — Similar to Old Conditions H.12. and II.13., but now notification needs to be 48 hours rather than 24 hours before initial application. ➢ Condition 111.3. — Operations and Maintenance (O&M) requirements are specified. ➢ Condition III.11. — Closure procedures to follow regulations. ➢ Condition IV.5. — Vector Attraction Reduction requirements are specified. ➢ Condition VL6. — Similar to Old Condition VI.6., but now 60-day notice required before revocation or modification. ➢ Condition VI.7. — Modification of facility not allowed without waiver if the Permittee has exhibited behavior detrimental to environment. 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 I 50B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact Troy Doby at (919) 807- 6336 or troyy dobynncdenr.gov. Sincerely, es C�►u�� ?S. Jay Zimmerman, P.G., Director Division of Water Resources cc: New Hanover County Health Department (Electronic Copy) Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Steve Hart — Hart & Hickman, PC rshart(c�r�,harthickman.com] (Electronic Copy) Beth Buffington — Protection and Enforcement Branch (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH SURFACE DISPOSAL OF INDUSTRIAL BYPRODUCT 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 Occidental Chemical Corporation New Hanover County FOR THE continued operation of a residuals management program for the Occidental Chemical Corporation and consisting of the surface disposal of Industrial Byproduct residuals generated by the approved facility listed in Attachment A to the approved sites listed in Attachment B with no discharge of wastes to surface waters, pursuant to the application received February 17, 2016, and subsequent additional information received by the Division of Water Resources, 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 use and disposal of residuals are regulated under Title 40 Code of Federal Regulations Part 257. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from September 1, 2016, until August 31, 2021, shall void Permit No. WQ0001492 issued September 25, 2007, and shall be subject to the following specified conditions and limitations: L SCHEDULES 1. No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0108(b)(2), 02T .0105(d), 02T .0109] 2. At least 180 days prior to the closing of a surface disposal unit, a formal closure plan and post -closure management care program, as well as an implementation schedule shall be submitted. This information shall be specific to the surface disposal unit, as well as relate to the Pernnittee's .future plans for the land. The following information shall be included: a. How the surface disposal unit will be closed; b. A discussion of how the leachate collection system will be operated and maintained; c. A discussion of how public access to the surface disposal unit will be restricted; and WQ0001492 Version 4.0 Shell Version 160210 Page 1 of 10 d. Proof that the deed for the surface disposal unit property has been amended to provide permanent written notification to subsequent owners of the property that the property was used for the purposes of operating a surface disposal unit. Submit three copies of all information to the Division of Water Resources, Water Quality Permitting Section, Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A NCAC 02T .1109(c)(3)] II. PERFORMANCE STANDARDS The subject residuals management program shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily or the Permittee receives notification from Elementis Chromium, L.P. that the residuals stabilization/conveyance facilities are not operating satisfactorily, including the creation of prolonged nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease disposal of residuals to the surface disposal unit, contact the Wilmington Regional Office supervisor, and take any immediate corrective actions. [G.S. 143-215.1] 2. This permit shall not relieve the Permittee of responsibility for damages to groundwater or surface water resulting from the operation of this residuals management program. [15A NCAC 02B .0200, 02L .0100] 3. All new wells constructed for purposes of groundwater monitoring 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 facilities listed in Attachment A are approved for surface disposal in accordance with this permit. [G.S. 143-215.11 5. Only residuals that have been adequately stabilized with crushed limestone or other alkaline amendment shall be disposed of in the surface disposal unit. The goal of the stabilization process, which is performed by Elementis Chromium, L.P. as provided for in the originally -executed Quarry License Agreement, shall be to raise the residuals to the proper pH in order to render the chromium in the residuals essentially immobile. [ 15A NCAC 02T .0108(b)(1)] 6. Only residuals that are non -hazardous under the Resource Conservation and Recovery Act (RCRA) shall be disposed of in the surface disposal unit. [ 15A NCAC 02T .1101(8)] 7. Only the sites listed in Attachment Bare approved for residuals surface disposal. [G.S. 143-215.1] 8. Pollutant concentrations in residuals for surface disposal shall not exceed the following Ceiling Concentrations (dry weight basis): Distance from Surface Disposal Unit Boundary to Closest Property Line. (meters) Ceiling Concentration (milligrams per kilogram) Arsenic Cbromium Nickel 0 to < 25 30 200 210 25 to < 50 34 220 240 50 to < 75 39 260 270 75 to < 100 46 300 320 100 to < 125 53 360 390 125 and greater 62 1 450 420 WQ0001492 Version 4.0 Shell Version 160210 Page 2 of 10 Residuals that exceed the ceiling concentration for chromium may be disposed of in the surface disposal unit as long as they are determined to be non -hazardous under RCRA with respect to chromium leachability as stipulated in Condition N.2. and as long as the groundwater monitoring program as stipulated in Attachment C of this permit demonstrates that the surface disposal unit is not causing the assigned groundwater quality standards to be violated. [ 15A NCAC 02T. 11051 9. Biological residuals that are disposed shall be exempt from meeting Class A or B pathogen reduction requirements in 15A NCAC 02T .l 106 (a) if the residuals are (1) covered with soil or other material at the end of the operating day or (2) the residuals meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a). Non -biological residuals are exempt from this condition. [15A NCAC 02T .I 106(a)(2), 15A NCAC 02T .I 107(b)(2)] 10. Setbacks for surface disposal units shall be as follows: Setback Description Setback feet Habitable residence or place of public assembly under separate ownership or not to 400 be maintained as part of the project site Property lines 50 Public right of way 50 Private or public water supply 100 Surface waters (streams — intermittent and perennial, perennial waterbodies, and wetlands) 100 Surface water diversions (ephemeral streams, waterways, ditches) 25 Any interceptor drains or surface water diversions (upslope) 10 Any interceptor drains or surface water diversions (downslope) 25 Some of the setbacks specified above may not have been included in previous permits for this surface disposal unit. These setbacks are not intended to prohibit or prevent modifications that are required by the Division to improve performance of the existing unit. These setbacks also do apply to any expansion or modification of the unit and apply in instances in which the sale of property would cause any of the setbacks currently complied with to be violated. The Permittee is advised that any modifications to the existing surface disposal unit shall require a permit modification. [15A NCAC 02H .0200] 11. Section I of Quarry I of the surface disposal site was individually permitted prior to December 30, 1983; therefore, the compliance boundary is established for Section 1 of Quarry I at either 500 feet from this surface disposal area, or at the property boundary, whichever is closest to the surface disposal area. Section II of Quarry I of the surface disposal site was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at Section II of Quarry I either 250 feet from this surface disposal area, or 50 feet within the property boundary, whichever is closest to the surface disposal area. Any additional exceedance of groundwater standards at or beyond the compliance boundary is subject to additional remediation action according to 15A NCAC 02L .0106(d)(2) as well as additional enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. Any approved relocation of the COMPLIANCE BOUNDARY will be noted in Attachment B. [15A NCAC 02L .0107(a)] 12. The review boundary shall be established midway between the compliance boundary and the residual surface disposal area. Any additional exceedance of groundwater standards at the review boundary shall require additional action in accordance with 15A NCAC 02L .0106. [15A NCAC 02L .0108] WQ0001492 Version 4.0 Shell Version 160210 Page 3 of 10 13. No wells, other than Division approved monitoring wells, shall be constructed within the compliance boundary, except as provided by 15A NCAC 02L .0107(g). [15A NCAC 02L .0107(d)] 14. Level gauges shall be maintained at all times to monitor freeboard levels in Quarry I/Section I and Quarry I/Section II of the surface disposal unit. [15A NCAC 02T .0108(b)(1)] III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The residuals management program shall be properly maintained and operated at all times. The program shall be effectively maintained and operated as a non -discharge system to prevent any contravention of surface water or groundwater standards. [I5A NCAC 02T .1110] 2. The Wilmington Regional Office, telephone number (910) 796-72I5, and the appropriate local government official (i.e., county manager, city manager, or health director) shall be notified at least 48 hours prior to the initial surface disposal event to any new surface disposal site. Notification to the regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. [15A NCAC 02T .0108(b)(1)] 3. The Permitkee shall maintain an approved Operation and Maintenance Plan (O&M Plan) Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan, at the minimum, shall include: a. Operational functions; b. Maintenance schedules; c. Safety measures; d. Spill response plan; e. Inspection plan including the following information: i. Names and/or titles of personnel responsible for conducting the inspections; ii. 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; iii. Detailed description of inspection procedures including record keeping and actions to be taken by the inspector in the event that noncompliance is observed pursuant to the noncompliance notification requirements under the monitoring and reporting section of the permit; f. Sampling and monitoring plan including the following information: i. Names and/or titles of personnel responsible for conducting the sampling and monitoring; ii. Detailed description of monitoring procedures including parameters to be monitored; iii. 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 vector attraction reduction requirements (e.g. facilities that dispose 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). [I5A NCAC 02T .l 100] WQ0001492 Version 4.0 Shell Version 160210 Page 4 of 10 4. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the facility, the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC 08G .0201. The ORC or his back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition II1.3.), and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and designation requirements, please contact the Division of Water Resources' Protection and Enforcement Branch at (919) 707-9105. [15A NCAC 02T .0117] 5. A copy of this permit shall be maintained at the surface disposal unit when residuals are being disposed. The spill prevention and control plan shall be maintained in all residuals transport and disposal vehicles. [15A NCAC 02T .0108(b)(1)] 6. Appropriate measures shall be taken to control public access to the surface disposal unit during active use, and for the 36-month period following closure of the surface disposal unit. Such controls may include fencing and the posting of signs indicating the activities conducted at each site. [I5A NCAC 02T .I 109(c)(2)(G)] 7. Adequate provisions shall be taken to prevent surface runoff from any active surface disposal unit. If runoff cannot be prevented, a collection system shall be installed with the capacity to handle runoff from a 24-hour, 25-year storm event. All collected runoff shall be disposed in a Division approved manner. [15A NCAC 02T .1109(c)(2)(C)] 8. Adequate provisions shall be taken to prevent wind erosion from conveying residuals from the surface disposal sites onto adjacent properties or into surface waters. [ 15A NCAC 02T .1109(c)(2)(C)] 9. Food crops, feed crops and/or fiber crops shall not be grown on an active surface disposal unit, unless approval has been requested and received from the Division. [ 15A NCAC 02T .1109(c)(2)(1)] 10. Animal grazing shall not be permitted on an active surface disposal unit, unless approval has been requested and received from the Division. [15A NCAC 02T .1109(c)(2)(H)] 11. Following active use, the surface disposal units will be closed in accordance with the requirements of 15A NCAC 02T.I 109(c)(2) and 15A NCAC 02T. 1 109(c)(3). [15A NCAC 02T. I 109(c)(2), 15A NCAC 02T .I 109(c)(3)] 12. This permit shall become voidable if operation of the surface disposal sites causes contravention of surface water or groundwater standards, and may be revoked unless the surface disposal sites are maintained and operated in a manner that will protect the assigned surface water and groundwater quality standards. [ 15A NCAC 02T .0110] 13. Freeboard in Quarry I/Section I and Quarry I/Section 11 of the surface disposal unit shall not be less than two feet at any time. The freeboard levels in each of the referenced lagoons shall be monitored by an individual level gauge that has readily visible permanent markings indicating the 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 top of the dam elevations. Freeboard levels in each of the referenced sections of the unit shall be monitored and recorded daily (i.e., excluding weekends and State holidays). [I5A NCAC 02T .0108(b)(1)] 14. Supernatant from the surface disposal unit shall be collected and returned to the wastewater treatment facilities serving Elementis Chromium, L.P.'s Castle Hayne, NC Manufacturing Facility (NPDES Permit No. NC0003875) as necessary to maintain the required freeboard. [15A NCAC 02T .1109(c)(2)(D)] WQ0001492 Version 4.0 Shell Version 160210 Page 5 of 10 15. A protective vegetative cover shall be established and maintained on the embankments of Quarry I/Section I and Quarry I/Section II of the surface disposal unit (i.e., outside toe of embankment to maximum liquid level), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the unit dikes or embankments. All embankment areas shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02T .0108(b)(1)] 16. The active surface disposal unit shall not restrict the flow of the base flood. [15A NCAC 02T .1109(c)(1)(E)] 17. The active surface disposal unit shall not be located in an unstable area. [15A NCAC 02T .1109(c)(1)(C)] IV. MONITORING AND REPORTING REQUIREMENTS 1. Any Division -required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sample reporting schedule shall be followed. [15A NCAC 02T .0108(c)] 2. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). Residuals that tests or is classified as a hazardous or toxic waste under 40 CFR Part 261 shall not be used or disposed under this permit.. The analyses (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 a minimum of five years. Any exceptions from the requirements in this condition shall be specified in Attachment A. The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter 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 -Dichloroetbylene (0.7) Pyridine (5.0) Cadmium (1.0) 2,4-Dinitrotoluene (0,1.3) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Heptachlor (and its hydroxide) (0.00s Toxaphene (0.5) Chloroform (6.0) Hexachloro-1,3-butadiene (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) Once the residuals have been monitored for two years at the frequency specified in Attachment A, the Permittee may submit a permit modification request to reduce the frequency of this monitoring requirement. In no case shall the monitoring frequency be less than once per permit cycle. [15A NCAC 13A .0102(b), 02T .1101, 02T .1105] WQ0001492 Version 4.0 Shell Version 160210 Page 6 of 10 3. An analysis shall be conducted on residuals from each source generating facility at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. The analysis shall include the following parameters: Arsenic pH Nickel Chromium Percent Total Solids The Permittee may utilize test methods in the most -recent update of the document entitled "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846)," published by the United States Environmental Protection Agency's Office of Solid Waste, for the analysis of the metal parameters. Analytical results for the metal parameters shall be reported on a dry weight basis. [15A NCAC 02T .1101 ] 4. Residuals generated by the approved residuals source -generating facility listed in Condition I.4. shall be analyzed to demonstrate that they are non -hazardous under RCRA with respect to chromium leachability (i.e., leachate from a TCLP analyzed for chromium only). The following sampling schedule shall be followed: a. Grab sample: One per month, minimum. b. Composite sample: One per month, minimum. The results of all analytical determinations shall be maintained on file by the Permittee for a minimum of five years and shall be submitted on a yearly basis to the following address: Water Quality Regional Operations Section Supervisor Wilmington Regional Office NCDENR-DWQ 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 [I5ANCAC 02T .0108(b)(1)] 5. If the residuals are not covered by soil or other material at the end of each operating day, residuals shall be monitored for compliance with vector attraction reduction requirements at the frequency specified in Attachment A as per the requirements of I SA NCAC 02T .1107 (a), and at the time indicated in the sampling and monitoring sections of the approved O&M. plan. Any exceptions from the requirements in this condition shall be specified in Attachment A. [15A NCAC 02T .1106, 02T .1107, 02T .1111(c)] 6. Laboratory parameter analyses shall be performed on the residuals as they are disposed, and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505. [15A NCAC 02B .05051 7. Monitor wells shall be sampled after construction and within three months prior to initiating surface disposal operations. Monitoring wells shall be sampled thereafter at the frequencies and for the parameters specified in Attachment C. All mapping, 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. [ 15A NCAC 02T .0105(m)] 8. For initial sampling of monitoring wells, the Permittee shall submit a Compliance Monitoring Form (GW-59) and a Well Construction Record Form (GW-1) listing this permit number and the appropriate monitoring well identification number. Initial Compliance Monitoring Forms (GW-59) without copies of the Well Construction Record Forms (GW-1) are deemed incomplete, and may be returned to the Permittee without being processed. [15A NCAC 02T .0105(m)] WQ0001492 Version 4.0 Shell Version 160210 Page 7 of 10 9. 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 [I 5A NCAC 02T .0105(m)] 10. Proper records shall be maintained by the Permittee tracking all residuals surface disposal events. These records shall include, but are not necessarily limited to, the following information: a. Date and freeboard level measurements in Quarry ISection I and Quarry/Section II; of the surface disposal unit; b. Source and date of disposal in the surface disposal unit for the residuals or limestone tailings from the adjacent Martin Marietta Materials, Inc. mining operation; c. Volume of residuals or limestone tailings from the adjacent Martin Marietta Materials, Inc. mining operation disposed of in Quarry USection I and Quarry USection II of the surface disposal unit in gallons per year, dry tons per year, or kilograms per year; d. Cumulative volume of residuals or limestone tailings from the adjacent Martin Marietta Materials, Inc. mining operation disposed of in Quarry ISection I and Quarry USection H of the surface disposal unit in gallons or cubic yards (i.e., excluding freeboard); e. Remaining volume in Quarry ISection I and Quarry ISection II of the surface disposal unit in gallons or cubic yards (i.e., excluding freeboard); and f. An estimate of the remaining useful disposal life for Quarry USection I and Quarry I/Section II of the surface disposal unit in years (i.e., excluding freeboard). [ 15A NCAC 02T .0109(a)] 11. Three copies of an annual report shall be submitted on or before March 111. The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms. Instructions for reporting and annual report forms are available at http:I/portal.ncdenr.orglweb/wqlaps/lau/reporting, or can be obtained by contacting the Land Application Unit 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 .I I I l(a)] WQ0001492 Version 4.0 Shell Version 160210 Page 8 of 10 12. Noncompliance Notification The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 796-7215, 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. Surface disposal of residuals abnormal in quantity or characteristic. b. Any failure of the surface disposal program resulting in a release of material to surface waters. c. Any time sell -monitoring indicates the facility has gone out of compliance with its permit limitations. d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of adequate residual treatment. e. Any spill or discharge from a vehicle or piping system during residuals transportation. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. Persons reporting such occurrences by telephone shall also file a written report in letter form within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the subject facilities and shall be in accordance with the approved O&M Plan. [15A NCAC 02T .0108(b)] 2. Prior to each bulk residuals surface disposal event, the Permittee or his designee shall inspect the residuals storage, transport and disposal facilities to identify malfunctions, facility deterioration and operator errors that could result in discharges to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any 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 .0108(b)] 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the surface disposal sites or facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be 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)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. [G.S. 143-215.6A to 143-215.6C] 2. This permit shall become voidable if the residuals surface disposal events are not carried out in accordance with the conditions of this permit. [15A NCAC 02T .0110] 3. This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. [G.S. 143-215.1] WQ0001492 Version 4.0 Shell Version 160210 Page 9 of 10 4. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. [15A NCAC 02T .0105(c)(6)] In the event the residuals program changes ownership or the Permittee changes his name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate documentation from the parties involved and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the residuals program permitted herein until a permit is issued to the new owner. [15A NCAC 02T .0104] 6. This permit is subject to revocation or unilateral modification upon 60-day notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T .0110. [15A NCAC 02T .0110] 7. Unless the Division Director grants a variance, expansion of the permitted residuals program contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). [15A NCAC 02T .0120] 8. The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit. [I 5A NCAC 02T .0105(e)(3)] Permit issued this the 25"' day of July 2016 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. Jay Zimmerman, P.G., Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0001492 WQ0001492 Version 4.0 Shell Version 160210 Page 10 of 10 ATTACHMENT A - Approved Residual Sources Occidental Chemical Corporation Certification Date: July 25, 2016 Permit Number: WQ0001492 Version: 4.0 Maximum Monitoring Monitoring Monitoring Approved Owner Facility Name County Permit Biological Dry Tons Frequency for Frequency for Frequency for Mineralization Number Residuals per Year I Non -hazardous Metals and Vector Attraction gate Characteristics 2 Nutrients 3, 5 Reduction 4, 5 Elementis Chromium Castle Elementis Chromium, L.P. Hayne Manufacturing NC0003875 No 171,000 Annually See Table Below NONE - Facility WWTP Hannover Total 171,000 1. Maximum Dry Tons per Year is the amount of residuals approved for surface disposal from each permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2_ 3. Testing of metals and nutrients as stipulated under permit Condition W.3. 4. Analyses of vector attraction reductions as stipulated under permit Condition IV.5. NONE indicates that the residuals are covered by soil or other material at the end of each operating day or that the residuals are non -biological. 5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above_ Dry Tons Disposed short tons per ear Monitoring Frequency Established in 40 CFR 503 and 15A NCAC 02T .1111 <319 1/Year =>319 - <1,650 l/ Quarter (4 times per ear) =>1,650 - <16,500 1/60 Days (6 times per year) =>16,500 1/month 12 times per ear) If no surface disposal events occur during a required sampling period (e.g. no surface disposal occur during an entire year when annual monitoring is required), then no sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the annual report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarification. WQ0001492 Version 4.0 Attachment A Page I of 1 THIS PAGE BLANK ATTACHMENT B - Approved Surface Disposal Sites Occidental Chemical Corporation Certification Date: July 25, 2016 Permit Number: WQ0001492 Version: 4.0 Field/ Site Owner Lessee County Latitude Longitude Acret a Dominant Soil Series Footnotes Quarry I / Section I Occidental Chemical Corporation New Hanover 34' 22' 15" 770 52' 09" 96.0 NIA Quarry I / Section II Occidental Chemical Corporation New Hanover 34' 21' 56" 77" 52' 18" 70.6 NIA Total 166.6 WQ0001492 Version 4.0 Attachment B Page I of I THIS PAGE BLANK ATTACHMENT C - Groundwater Monitoring and Limitations Occidental Chemical Corporation Permit Number: WQ0001492 Version: 4.0 Monitoring wells: MW-1, MW-2, MW-3, MW-8, MW-9, MW-10, MW-11, MW-12, MW-13, MW-14, MW-15, MW-16, MW-17, MW-18, MW-19, MW- 20, MW-21, MW-22, MW-23, MW-24, MW-25, MW-26, MW-27, and NM-28 GROUNDWATER CHARACTERISTICS GROUNDWATER STANDARDS MONITORING REQUIREMENTS PCS Code Parameter Description Daily Maximum Frequency Measurement Sample Type Footnotes 00940 Chloride (as Cl) 250 mg/L 2 x Year Grab 1,4 01034 Chromium, Total (as. Cr) 10 µg/L 2 x Year Grab 1,4 01045 Iron, Total (as Fe) 300 µg/L 2 x Year Grab 1,4 0.1067 Nickel, Total (as Ni) 100. ug/L 2 x Year Grab 1,4 00400 pH 6.5 > pH > 8.5 s.u. 2 x Year Grab 1,4 70300 Solids, Total Dissolved 180°C 500 mg/L 2 x Year Grab 1,4 82546 Water Level, Distance from Measuring Point feet 2 x Year Grab 1, 2, 3, 4 1. 2 x Year monitoring shall be conducted in July & November. 2. The measurement of water levels shall be made prior to purging the wells. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measurement of pH shall be made after purging and prior to sampling for the remaining parameters. 3. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. The measuring points (top of casing) of all monitoring wells shall be surveyed relative to a common datum. 4. Monitoring wells shall be reported consistent with the nomenclature and location information provided in Figure and this attachment. The table shows the correspondence between the ID used in this Permit and shown on the map and the Facility ID Permit ID Facility ID MW1 CPW-13S MW2 CPW-14S MW3 CPW-15S MW8 CPW-8DR MW9 CPW-9D. MW 10 CPW-10D MWII CPW-IS MW 12 CPW-12D MW13 CPW-13D MW14 CPW-14D MW 15 CPW-15D MW16 CPW-6S MW 17 CPW-7S MW18 CPW-8S MWI9 CPW-9S MW20 CPW-105 MW21 CPW-5S WQ0001492 Version 4.0 Attachment C Page 1 of 2 ATTACHMENT C — Groundwater Monitoring and Limitations Occidental Chemical Corporation MW22 CPW-2D MW23 CPW-3D MW24 CPW-4D MW25 CPW-5D MW26 CPW-6D MW27 CPW-7D MW28 CPW-12S Permit Number: WQ0001492 Version: 4.0 WQ0001492 Version 4.0 Attachment C Page 2 of 2 ►Jl l E Residuals Surface Disposal Units (Quarry �- .--� w - - -- _ _ Sections I & 2) Ge enT, j Residuals Source Generation Area ` ! 4 ilk `�- ' `4 , ft �(Jf} 1 !i J ! V Shoulder APPROXIMATE N 0 2000 4000 SCALE IN FEET U.S.G.S. QUADRANGLE MAP SCOTTS HILL, CASTLE HAYNE, MOORETOWN, AND ROCY POINT, NC 1997 QUADRANGLE 7.5 MINUTE SERIES (TOPOGRAPHIC) TITLE TOPOGRAPHIC MAP PROJEcdCCIDENTAL CHEMICAL CORPORATION [J SDRS PERMIT NO. WQ0001492 CASTLE HAYNE MANUFACTURING FACILITY CASTLE HAYNE, NEW HANOVER COUNTY, NC hart I—%w h is k m a n 2923 South Tryon Street -Suite 1OO Charlotte, North Carolina 28203 704-586-0007 (p) 704-586-0373 (t) SMARTER ENVIRONMENTAL SOLUTIONS DATE: 1-11-16 REVISION NO. 0 JOB NO. OXY-001 FIGURE NO. 1 APPROXIMATE N 0 1,350 2,700 SCALE IN FEET ITITLE VICINITY MAP I " `ACCIDENTAL CHEMICAL CORPORATION SDRS PERMIT NO. WQ0001492 CASTLE HAYNE MANUFACTURING FACILITY CASTLE HAYNE, NEW HANOVER COUNTY, NC .14 hart "%a; n 1 C k k l l a n 2923 South Tryon Sttcet-Suite 100 Charlotte, North Carolina 29203 704-586-0007 (p) 704-596-0373 (t) SMARTER EWRONMENTAL SOLUMNS DATE: 1-11-16 1 REVISION NO. 0 NORTHEAST CAPE FEAR RIVER _ STURGEON CREEK — I i CPW-10D W CPW-15S v t MARTIN-MARIETTA j y'l rr 1I i 1 ~ f CPW-15D`: 11 AGGREGATES PROPERTY 1 1 I r✓ b- T PW-14D `CPW-145 QUARRY SECTION #1 APPROXIMATELY 70 ACRES APPROXIMATE 0 SOD 1.200 SCALE IN FEET NnRry'gSrc CPW-BDR � \ ��3 .' APPROXIMATELY 97 ACRES �T \ U ` /1// \•�_ / RE-ROUTED , I CPW-12S- / ..� STURGEON CREEK CPW-12D CANRL a `' CPW-13D'*CPW 1 S/' - - MARTIN- ETTA / � E AGGREGAT PROPERTY 2 flr »LCWAS �\ .. - - - C! LCW-1D� R1 MARTIN-MARIETTA AGGREGATES PROPERTY LEGEND — - PROPERTY LINE SURFACE WATER FEATURE - -- - - - - - QUARRY LIMITS (RESIDUALS SURFACE DISPOSAL UNITS) - — — - COMPLIANCE BOUNDARY — — — REVIEW BOUNDARY RAILROAD TRACKS UPPER AQUIFER (SHALLOW) MONITOR WELL 0 LOWER AQUIFER (DEEP) MONITOR WELL h� NOTES 1. OCCIDENTAL CHEMICAL CORPORA11ON IS THE CURRENT SURFACE DISPOSAL OF RESIDUAL SOLIDS ISDRS) PERMIT HOLDER AND SITE PROPERTY OWNER. ELEMENTIS CHROMIUM OWNS AND OPERATES THE CHROMIUM MANUFACTURING FACILITY WWTP WHICH GENERATES RESIDUAL SOLIDS PLACED IN THE QUARRY. 2. THERE ARE NO APPLICABLE STRUCTURES, FACILITIES, OR FEATURES LOCATED WITHIN THE MINIMUM SETBACK DISTANCES ESTABLISHED IN 15A NCAC 02T,1108(C) OF THE RESIDUALS SOURCE GENERATION AREA OR RESIDUALS SURFACE DISPOSAL UMTS. 3. THE COMPLIANCE BOUNDARY FOR QUARRY SECTION 1 (PERMITTED PRIOR TO 1213111983) IS ESTABLISHED AT 500 FT FROM THE SURFACE DISPOSAL UNIT OR AT THE PROPERTY BOUNDARY, WH30HEVER IS CLOSEST TO THE DISPOSAL UNIT. 4, THE COMPLIANCE BOUNDARY FOR QUARRY SECTION 2 (PERMITTED AFTER 1MI/19631 IS ESTABLISHED AT 250 FT FROM THE SURFACE DISPOSAL UNIT OR 50 FT WITHIN THE PROPERTY BOUNDARY, WH$CHEVER IS CLOSEST TO THE DISPOSAL UNIT. 1 r / CPW-7D / CPW-7S CLOSE J CPW-1ST / 0 FORMER JIAGOON IRO IUM /eL, __ CPW-2D mar SITE MAP RESIDUALS SI GENERATION W... WELL IDENTIFICATION LIST CURRENT PERMIT ID PROPOSEDID FOR RENEWED PERMIT MW-1 CPW-13S MW-2 CPW-145 MW-3 CPW-15S MW-B I CPW-8DR MW-9 CPW-9D MW-10 CPW-10D MW-11 CPW-1S MW-12 CPW-12D MW-13 CPW-13D MW-14 CPW-14D MW-15 CPW-15D MW-16 CPW-6S MW-17 CPW-7S MW-18 CPW-8S MW-19 CPW-198 MW-20 CPW-1Qs MW-21 CPW�Bs MW-22 CPW-2D MW-23 CPW-3D MW-24 CPW4D MW-25 CPW-5D MW-26 CPW-6D MW-27 CPW-7D MW-28 CPW-12S CPW-6D ft tF? gMP l — —CPW-3D PR""" OCCIDENTAL CHEMICAL CORPORATION SDRS PERMIT NO. WQ0001492 CASTLE HAYNE MANUFACTURING FACILITY CASTLE HAYNE, NEW HANOVER COUNTY, NC l hart 4 hickman SMARIHI H1VRo17M91dL 9P1,IIf10F15 2923 South Tryon Street -Suite 100 Charlotte, North Carolina 28203 704-586-0007(p) 704-586-0373(o License # C-1269 / #C-245 Geology I DATE: 0 1 -11-16 1 REVISION NO. 0 1 JOB NO.OXY-001 ATTACHMENT NO. 1