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HomeMy WebLinkAboutWQ0001973_Final Permit_19940519State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director May 19, 1997 Mr. John P. Turnpin, Plant Manger PCS Nitrogen Fertilizer, L.P. Post Office Box 630- Wilmington, North Carolina 28402 XYTA i 00 DEHNR Subject: Permit No. WQ0001973 PCS Nitrogen Fertilizer, L.P. Surface Disposal of Wastewater Residuals New Hanover County Dear Mr. Turnpin: In accordance with your application received on March 10, 1997, we are forwarding herewith Permit No. WQ0001973 dated May 19, 1997, to PCS Nitrogen Fertilizer, L.P. for the continued operation of a surface disposal site for the purpose of the disposal of water treatment residuals ("alum sludges"). The only modification made to this permit is a name change from Arcadian Fertilizer, L.P. to PCS Nitrogen Fertilizer, L.P.. This permit shall be effective from the date of issuance until May 31, 1999, shall void Permit No. WQ0001973, issued February 10, 1995, 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 2.7611-7447. Unless such demands are made this permit shall be final and binding. If you need additional information concerning this matter, please contact Matt Williams at (919) 733-5083, extension 509. Sincere j� -A. Preston Howard, Jr., P.E. cc: New Hanover County Health Department Wilmington Regional Office, Water Quality Section Wilmington Regional Office, Groundwater Section Bob Cheek, Groundwater Section, Central Office Training and Certification Unit Facilities Assessment Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES Ft"., WNEW11 SURFACE DISPOSAL 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 PCS Nitrogen Fertilizer, L.P. New Hanover County FOR THE continued operation of a surface disposal site consisting of a non -discharging artificial wetlands as an alum sludge disposal site consisting of approximately 1.2 acres of diked disposal area (formerly a dredge spoils area) for the disposal of 8.2 dry tons per year of alum sludge from the PCS Nitrogen Fertilizer, L.P. water treatment facility with no discharge of wastes to the surface waters, pursuant to the application received on April 17, 1997, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a part of this permit. This permit shall be effective from the date of issuance until May 31, 1999 shall void Permit No. WQ0001973, issued February 10, 1995, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. The alum sludge disposal area 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. 2. 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. 3 . In the event that any alum sludge disposal area is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease disposing of the wastewater residuals to the sewage sludge unit and take any immediate corrective actions as may be required by the Division. II. 4. The following buffer zones shall be maintained: a. 400 feet between any habitable residence, b. 100 feet between any public or private water supply source, all streams classified as WS or B, waters classified as SA or SB and any Class I or Class II impounded reservoir used as a source of drinking water, c. 100 feet between any stream, lake, river, or natural drainage way, d. 50 feet between an active sewage sludge unit and property lines, e. 10 feet between any interceptor drains or surface water diversions (upslope), f. 25 feet between any interceptor drains or surface water diversions (downslope), g. 25 feet between any groundwater lowering and surface drainage ditches. Some of the buffers specified above may not have been included in previous permits for this surface disposal site. These buffers are not intended to prohibit or prevent modifications, which are required by the Division, to improve performance of the existing facility. These buffers do, however, apply to modifications of the surface disposal site. These buffers do also apply to any expansion or modification of the surface disposal site and apply in instances in which the sale of property would cause any of the buffers now complied with, for the disposal facilities, to be violated. The applicant is advised that any modifications to the existing facilities will require a permit modification. 5. A copy of this permit shall be maintained at the alum sludge disposal site when residuals are being disposed during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. OPERATION AND MAINTENANCE REQUIREMENTS 1. The facilities and application sites shall be properly maintained and operated at all times. 2. The naturally occurring vegetative growth (reeds and other wetland vegetation) shall be maintained in accordance with the management plan approved by this Division. 3. The dikes shall be regularly inspected and maintained so as to prevent surface water runoff from the alum sludge disposal site. 4. No residuals other than the following are hereby approved for disposal in the alum sludge disposal area in accordance with this permit: Permit Volume Source T County Number (dry tons/year) PCS Nitrogen Fertilizer, L.P. New WQ0001973 8.2 Water Treatment Facility Hanover 5. The lifetime heavy metal loadings shall not exceed the following for the corresponding Cation Exchange Capacities (CEC): Lifetime Loadings (ibs/acre) Parameter CEC < 5 CEC 5 - 1 S CEC > 1 Lead 500 1000 2000 Zinc 250 500 1000 Copper I25 250 500 Nickel 125 250 500 Cadmium 4.5 9 18 2 E. Upon classification of the facility by the C eilification Commission, the Fermittee si]aii employ a certified operator to be in responsible charge (ORC) of the surface disposal site. The operator must hold a certificate of the type classification assigned to the surface disposal site by the Certification Commission. The Permittee must also employ a certified back-up operator of the appropriate type to comply with the conditions of Title 15A NCAC 8 A, .0202. 7. Appropriate measures must be taken to control public access to the alum sludge disposal site during active site use and for the 36-months following closure of all alum sludge disposal area. Such controls may include fencing and the posting of signs indicating the activities being conducted at each site. 8. Adequate provisions shall be taken to prevent wind erosion from conveying pollutants or residuals from the surface disposal site onto the adjacent property or into any surface waters. 9. Food crops, feed crops and fiber crops shall not be grown on the alum sludge disposal area, unless approval has been requested and received from the Division of Water Quality. 10. Animals shall not be grazed on alum sludge disposal area unless approval has been requested and received from the Division of Water Quality. III. MONITORING AND REPORTING REOUIREMENTS 1. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division of Water Quality 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 application activities. These records shall include, but are not necessarily limited to the following information: a. quantity of alum product used on a monthly basis b . date of alum sludge disposal c. volume of residuals disposed in gallons/year, dry tons/year, or kilograms/year d . annual and cumulative totals of dry tons/acre of residuals applied and pounds/acre of each heavy metal listed in condition III.3 of this permit. 3. A soils analysis will be conducted annually by the Permittee and the results maintained on file by the Permittee for a minimum of five years. The annual soils analysis shall include but is not necessarily limited to the following parameters: Aluminum acidity Zinc Cadmium pH Copper Nickel 4. A residuals (alum sludge) analysis will be conducted annually by the permittee and the results be maintained on file by the Permittee for a minimum of five years. The residuals (alum sludge) analysis following parameters: Aluminum Zinc Nickel Sodium Potassium shall include but is not necessarily limited to the Lead % Total Solids Copper Cadmium Calcium Magnesium pH Phosphorus 5. If, after two consecutive monitoring periods, the perminee determines that the continued monitoring of certain parameters above may be inappropriate for the subject facility, the permittee may petition the Division to formally amend the permit with a reduction in monitoring parameters. Upon receipt of the monitoring reduction request, the Permits and Engineering Unit will review the request on its merit to determine whether a reduction is feasible. 6. Three copies of all required monitoring and reporting requirements as specified in conditions 1111, III 2,1113, and 1114 shall be submitted annually on or before March I of the following year to the following address: NC Division of Water Quality Water Quality Section Facility Assessment Unit PO Box 29535 Raleigh, NC 27626-0535 7. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 395-3900, 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 surface disposal program which results in the disposal of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the surface disposal program resulting in a release of material to receiving waters. c. Any time that self -monitoring information indicates that the facility has gone out of compliance with the conditions and limitations of this permit or the parameters on which the system was designed. d . Any process unit failure, due to known or unknown reasons, that renders the facility incapable of adequate residual treatment. e. Any spillage or discharge from a vehicle or piping system transporting residuals to the disposal site. Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5) days following first knowledge of the occurrence" This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. GROUNDWATER REQUIREMENTS Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 2. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action in addition to the penalty provisions applicable under General Statute 143-215.6A(a)(1). In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area., Any exceedance of standards at the Review Boundary shall require remediation action on the part of the Permittee. V . INSPECTIONS 1. The Permittee or his designee shall inspect the residuals storage, transport, and disposal 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 of Water Quality or other permitting authority, upon request. 2. Any duly authorized officer, employee, or representative of the Division of Water Quality may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the surface disposal 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 alum sludge disposal activities are 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 wastes 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 of Water Quality 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 of Water Quality in accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c). 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. 7. 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. 8. This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and monitoring requirements the Division of Water Quality deems necessary in order to adequately protect the environment and public health. 9. The Division must be notified in writing at least 180 days prior to closing of the surface disposal site. A formal closure plan shall be required to be submitted at that time. Permit issued this the 19th day of May, 1997 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 11�5- A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0001973 .1 "Ice W Air: Qi Auk); "17J �m - le CL A A z CX RE. Iciti ^` Jz PVC WA- Ek Pt—ANr C f-FLLc,9NT' rr1AlE -_ NE TES. p.r 1 IN _ o oILL tL _ � ` - . -- .. - � 't . � r .�R �O - _ a ... !•v.r s+cw.0 j� .L I / J ! / /J � C L .. - Ink ' � \\]l YS-ram =1 � ��r•'�,���'z�i _ -' 1{ - / ��� � k � .. _ -1 1 uv IA oll K .�� AREA if -A A �, _ .t•J1�A :..� r •��4 it -'ate. •':-:.� —�-- ' �..� 1 ��uw .. it ,O�:t^��t�� �F—.��I�—L�Y��t 1 - , • •' •�� l-•.�k _ ���� ..At .LNcc F ROAC QTY T Iti"510l1 DATE RL.i5ARKS ATI !r Canpany 1 �� 1--- —5�� tssut wrr::>-.— /!- W. R. 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