WQ0002988_Final Permit_19900611

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
William W. Cobey, Jr., Secretary
George T. Everett, Ph.D.
Director
June 11, 1990
Mr. Frank G. Perry, President
Lee Brick and Tile Corporation
Post Office Box 1027
Sanford, North Carolina 27330
Subject: Permit No. WQ0002988
Lee Brick and Tile Corporation
Petroleum Contaminated Soils
Storage and Disposal/ Remediation
Lee County
Dear Mir. Perry:
1n accordance with your application received January 22, 1990, we are forwarding
herewith Permit No. WQ0002988, dated June 11, 1990, to Lee Brick and Tile Corporation for the
use of specific petroleum contaminated soils in fired brick manufacturing.
This permit shall be effective from the date of issuance until June 30, 1995, and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements 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 to you,
you have the right to request an adjudicatory hearing upon written request within 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. Box 11666, Raleigh, NC 27604. Unless such demands are made this permit shall
be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need
additional information concerning this matter, please contact Mr. John Seymour at 919/ 733.5083.
Sincerely,_
'-George T. Eve tt
cc: Lee County Health Department
Raleigh Regional Office
Bracken & Associates, P,A.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
CONTAMINATED SOILS 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
Lee Brick and Tile Corporation
Lee County
FOR THE
construction and operation of a storage and disposal/ remediation system for use of petroleum
contaminated soil in fired brick manufacturing, consisting of using a 2.5 acre storage site at which
contaminated soil, meeting specific requirements, is placed in an 8 -inch layer on a 36 -inch base of
brick material and is then capped by more of the original brick material to at least 12 -inches (a final
cap of 24 -inches to be added later), and as needed the layers are "scooped up" (mixed together)
and stored (30 -day maximum) on a 1.9 acre short term stock pile site prior to being processed into
brick to serve Lee Brick and Tile Corporation with no discharge of wastes to the surface waters,
pursuant to the application received January 22, 1990 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 June 30, 1995, and shall be
subject to the following specified conditions and limitations:
1. The Raleigh Regional Office, phone no. 919/ 733-2314, shall be notified
at least twenty-four (24) hours after initial application of the contaminated soil so that
an inspection can be made. Such notification to the regional supervisor shall be
made during the normal office hours from 8:00 a.m. until 5:00 p.m. on Monday
through Friday, excluding State Holidays.
2. Upon completion of construction and prior to operation of this permitted system, a
certification must be received from a professional engineer certifying that the
permitted system has been installed in accordance with this pennit, and the approved
plans and specifications. Mail the Certification to the Permits and Engineering Unit,
P.O. Box 27687, Raleigh, NC 27611.

3 . This permit shall become voidable if the soils fail to adequately assimilate the wastes
and may be rescinded unless the facilities are installed, maintained, and operated in a
manner which will protect the assigned water quality standards of the surface waters
and ground waters.
4. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement treatment or disposal facilities.
5. 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 facility.
6. The following buffers shall be maintained:
a) 100 feet between disposal area and any public or private water supply including
wells
b) 100 feet between disposal area and "SA and SB" classified surface waters
c) 50 feet between disposal area and any stream, lake, river or natural drainageway
d) 50 feet between disposal area and property lines
e) 10 feet between disposal area and surface water interceptor drains or diversions
(upslope)
f) 25 feet between disposal area and surface water interceptor drains or diversions
(downslope) and groundwater drainage systems.
7. No contaminated soil with other than nonphotochemically reactive virgin fuels shall
be accepted for this system of disposal,
8. Only soils that are contaminated with gasoline, kerosene, light oil, jet fuel, or diesel
fuel may be accepted.
9. No waste fuels or oils may be accepted. ( waste refers to other than non -virgin )
H. -OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. The Permittee shall employ a certified wastewater treatment plant operator to be in
responsible charge of the wastewater treatment facilities. The operator must hold a
certificate of the grade at least equivalent to the classification assigned to the
wastewater treatment facilities by the Certification Commission.
3. Adequate measures shall be taken to prevent surface runoff from carrying any
disposed material into any surface waters.
4. The cubic yards of contaminated soil shall be spread to a thickness not to
exceed 8 inches at the capped storage site.
5. The facilities shall be effectively maintained and operated as a non -discharge system
to prevent the discharge of any wastewater resulting from the operation of this
facility.
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6. To ensure that sufficient oxygen is provided for waste biodegradation, the site shall
be retilled at periods of one month, two months, and every six months thereafter
following disposal. -
7. No food -chain crops shall be grown on the sites for at least two years
following the completion of contaminated soil application and remediation, and only
after soil testing confirms no impact/adverse effects will result.
The average fuel concentration in the contaminated soil must be no greater than 1200
PPM.
9. The contaminated soil must be no more than 15% of the contaminated soil/ brick
material mixture.
10. Lee Brick and Tile Corporation shall maintain a record of where soil from a
particular contamination episode is placed on the storage area.
11. Lee Brick and Tile Corporation shall conduct this operation in a manner that will
prevent, as much as possible, precipitation events from occurring on uncapped
contaminated soils.
12. Lee Brick and Tile Corporation shall maintain a copy of the soil fuel analysis report
for each contamination episode.
13. Lee Brick and Tile Corporation shall maintain records for the contaminated soil
operation ( on a per load basis ) which include, but are not necessarily limited to the
following:
a. date received and weather conditions
b. company or person delivering
c. facility from which soil removed
d. type of contamination ( gasoline, diesel fuel, etc. )
e. confirm virgin fuels (yes, no)
f. average fuel concentration (ppm)
g. quantity of soil accepted (cubic yards)
h. date spread to 8 -inch depth and weather conditions
i. date capped and weather conditions
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring deemed necessary by the Division of Environmental Management to
insure surface and ground water protection will be established and an acceptable
sampling reporting schedule shall be followed.
2. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh, Regional Office
telephone no. 919/ 733-2314, 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 land application program which results in the
land application of significant amounts of wastes which are abnormal in
quantity or characteristic.
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IV
b. Any failure of the land application program resulting in a discharge of
wastes to receiving waters.
c. Any time that self-monitoring information indicates that the facility is not in
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 render
the facility incapable of adequate sludge treatment.
e. Any spillage or discharge from a vehicle or piping system transporting
contaminated soil to the application site.
Persons reporting such occurrences by telephone shall also file a written report in
letter form within 15 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.
GROUNDWATER REQUIREMENTS
1. Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.
2. The four (4) existing monitor wells must be sampled every December, for the
following parameters:
pH (6.5 - 8.5 standard units )
Water level
Volatile Organic Compounds (by method 1 or 2 below }
Method 1: Method 6230D (Capillary - Colunm), "Standard Methods For The
Examination of Water And Wastewater", 17th ed., 1989
Method 502.2 "Methods For The Determination Of Organic Compounds In Drinking
Water", U.S. EPA - 600/ 4-88/039
The measurement of water level must be made prior to sampling for the remaining
parameters.
The numbers in parentheses represent the maximum allowable concentrations in
groundwater for the various analytical parameters, as specified in 15 NCAC 2L
[Groundwater Classifications and Standards]. Unless otherwise noted, the
concentrations are given in parts per million.
The results of the sampling and analysis shall be sent to the N.C. Division of
Environmental Management on Form GW -59 (Compliance Monitoring Report
Form) every January.
The measuring points (top of well casing) of all monitoring wells shall be surveyed
relative to mean sea level (M.S.L.). The depth of water in each well shall be
measured from the surveyed point on the top of the casing. The water level
elevations shall then be determined relative to M.S.L..
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If any volatile organic compounds are detected by method 6230D, or the equivalent
method 502.2, then EPA methods 604 and 611 must also be run to detect other
organic compounds which may be present. THe results of all analyses specified in
the monitoring requirements, including 604 and 611 if required, must be submitted
simultaneously.
3. Lee Brick and Tile Corporation shall accept only those soil contaminated with class I
or Class II petroleum products as part or their raw brick soil material.
4. No soils contaminated with substances defined as a hazardous substance in Section
101 (14) of the Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA) of 1980 shall be incorporated into the brick making
process.
5. The contaminated soil shall be placed on an impermeable base consisting of a
minimum of three (3) feet of clay having a hydraulic conductivity no greater than 1 x
10 -7 cm/sec.
6. The contaminated soil shall be spread in lifts not to exceed 8 -inches within the
storage area.
7. Immediately after placement within the storage area a minimum of 12 -inches of clean
brick soil material shall be placed over the petroleum contaminated soil has been
received an additional 24 -inches of brick soil material shall be placed over the entire
offsite material.
8. Storage of petroleum contaminated soils within the storage area shall not exceed
120 days.
9. The petroleum contaminated soils shall be thoroughly mixed with clean brick soil
material and placed within the short term stockpile upon a minimum of three (3) feet
of impermeable clay with a hydraulic conductivity no greater than 1 x 10-7cm/sec.
10. Contaminated material shall not be placed closer than five (5) feet from the edge of
either the storage area or the short term stockpile.
11. The short term stockpile shall be capped with minimum of 12 -inches of brick soil
material.
12. Contaminated material shall not exceed 15% of any one stockpile.
13. Storage of contaminated soils within the short term stockpile shall not exceed 30
days.
14. The upper surface of both the storage and the short term stockpile shall be graded in
such a way as to prevent the ponding of surface water.
15. The Compliance Boundary for the disposal system is specified by regulations in 15
NCAC 2L, Classifications and Water Quality Standards applicable to the
groundwater of North Carolina. An exceedance of Groundwater Quality
Standards beyond the Compliance Boundary is subject to penalty provisions
applicable under General Statute 143-215.6(1)x. The sale of property, by the
Permittee, which is within or contiguous to the disposal system site may alter
location of the Compliance Boundary.
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For facilities permitted on or after December 30, 1983, the Compliance Boundary is
established at the lesser of 250 feet from the storage area and short term stock pile,
or 50 feet within the property boundary.
If the title to any property which may affect the location of the Compliance Boundary
is changed, the permittee shall notify the Division Director within 14 days. The
Director shall then establish a modified Compliance Boundary which will be done as
a modification to the Permit.
The REVIEW BOUNDARY for the disposal system is specified by regulations in 15
NCAC 2L, Groundwater Classifications and Standards. A REVIEW BOUNDARY
is established around disposal systems midway between the Compliance Boundary
and the perimeter of the waste disposal area. When the concentration of any
substance equals or exceeds the maximum allowable concentration of that substance
at the REVIEW BQIINDARY, as determined by monitoring, the permittee shall
either (i) demonstrate, through predictive calculations or modeling, that natural site
conditions, facility design and operational controls will prevent a violation of
standards at the Compliance Boundary; or, (ii) submit a plan for the alteration of
existing site conditions, facility design or operational controls that will prevent a
violation of standards at the Compliance Boundary, and implement that plan upon
its approval by the Director.
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
2. The Permittee or designee shall inspect the contaminated soil area to prevent any
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 keep 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 three years from the
date of the inspection and shall be made available upon request to the Division of
Environmental Management or other permitting authority.
3. Any duly authorized officer, employee, or representative of the Division of
Environmental Management may, upon presentation of credentials, enter and inspect
any property, premises or place on or related to the disposal site and 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; or may obtain samples of groundwater, surface water, or leachate.
VI. GENERAL CONDMONS
This permit shall become voidable unless the contaminated soil is disposed of in
accordance with the conditions of this permit and the approved documents.
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 transferable. In the event there is a desire for the facilities to
change ownership, or there is a name change of the Permittee, a formal permit
request must be submitted to the Division of Environmenta) Management
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. In any future transfer of this land, a notice shall be given to the new owner that gives
full details of the materials applied or incorporated at this site.
5. A set of approved documents for the subject project must be retained by the applicant
for the life of the project.
6. Failure to abide by the conditions and limitations contained in this permit may subject
the Permittee to an enforcement action by the Division of Environmental
Management in accordance with North Carolina General Statute 143-215.6.
7. 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).
8. 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.
9. The Permittee, at least six 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.
Permit issued this the 11th day of June, 1990
NORTH CAROLINA E IRONMENTAL MANAGEMENT COMMISSION
i
George T. Everett, Oi ect
UDivision of Environmen agement
By Authority of the Environmental Management Commission
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