HomeMy WebLinkAboutWQ0003253_Final Permit_19960621State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 21, 1996
Mr. M. D. McIntosh, Vice -President
Fossil/Hydro Generation Department
Duke Power Company
Post Office Box 1006
Charlotte, North Carolina 28201-1006
Dear Mr. McIntosh:
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Subject: Permit No. WQ0003253
Duke Power Company
Dan River Steam Station
Ash Reuse Program
Rockingham County
In accordance with the amendment request from Mr. L. D. Evans, Scientist, Environmental
Protection - Waste Management, Generation Services Department, Duke Power Company, received
February 26, 1996, we are forwarding herewith Permit No. WQ0003253 as amended, dated June 21,
1996, to the Duke Power Company for the continued operation of an ash reuse program. PIease be
advised, the total application of this material is limited to less than 300 acres of application area. This
permit is being amended as requested, to incorporate the following option into the permit:
Section II(1)(g) - Bottom ash may be utilized for snow and ice control at a rate not to exceed
700 pounds per mile lane. Since this activity is considered de-minimus with
respect to environmental impact, performance standards 13 and 14 shall not
apply to this alternative.
Please be advised, the Division of Environmental Management is presently negotiating with the
Division of Solid Waste concerning the regulatory authority over the ash reuse program. Sometime in
the near future, the Duke Power Company will be notified whether or not they must apply for a permit
under that Division. If a permit must be obtained from Solid Waste, the subject permits issued by
Environmental Management will be voided immediately.
This permit shall be effective from the date of issuance until January 31, 1998, shall hereby void
Permit No. WQ0003253 issued April 29, 1994, 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, 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. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
If you need additional information concerning this matter, please contact Mr. Michael D. Allen at
(919) 733-5083 extension 547.
Sincerely,
A. Presto oward, Jr., .E.
cc: Rockingham County Health Department
Winston-Salem Regional Office, Water Quality Section
Winston-Salem Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
Training and Certification (no revised rating)
Facilities Assessment Unit
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NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
ASH REUSE PROGRAM 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 Power Company
Rockingham County
1116TA 10
operation of an ash reuse program utilizing ponded ash, fly ash, and bottom ash from the Dan River
Stearn Station for the purposes outlined in the conditions of this permit with no discharge of wastes to
the surface waters, pursuant to the amendment request from Mr. L. D. Evans, Scientist, Environmental
Protection - Waste Management, Generation Services Department, Duke Power Company, received
February 26, 1996, 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 January 31, 1998, shall hereby void
Permit No. WQ0003253 issued April 29, 1994, and shall be subject to the following specified conditions
and limitations.
I. PERFORMANCE STANDARDS
1. 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.
2. In the event that the ash reuse program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall cease the use of ash for the particular
operation and take any immediate corrective actions.
3. Written notification must be submitted to the address below at least two weeks prior to
any use of ash within 50 feet of surface waters.
Winston-Salem Regional Water Quality Supervisor.
NC Division of Environmental Management
8025 North Point Boulevard, Suite 100
Winston-Salem, North Carolina 27106
4. No ash, with the exception of quantities less than 25 cubic yards to be used on residential
driveways, shall be used within 100 feet of a potable water supply well without written
permission from the Winston-Salem Regional Water Quality Supervisor.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. 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 fills2 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, 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 of Environmental Management on a case by case basis.
g. Bottom ash may be utilized for snow and ice control at a rate not to exceed 700
pounds per mile lane. Since this activity is considered de-minimus with respect to
environmental impact, performance standards 13 and 14 above shall not apply to this
alternative.
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
2. No ashes other than that generated at the Dan River Steam Station are hereby approved
for the ash reuse program in accordance with this permit. .
3. Adequate provisions shall be taken to prevent wind erosion and surface runoff/erosion
from conveying pollutants from the ash application area onto the adjacent property or into
the surface waters.
2
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 used for land reclamation within one (1) foot of the seasonal high
groundwater table.
6. No ash shall be used as pine bedding for sewer or potable water lines.
7. The permittee shall ensure that the transportation of this product 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.
III. MONITORING AND REPORTING REQUIREMENTS
Any monitoring (including groundwater, surface water, sludge, soil, or plant tissue
analyses) deemed necessary by the Division of Environmental Management to insure
protection of the environment will be established and an acceptable sampling and
reporting schedule shall be followed. if monitoring data indicates minimal or no concern
to the Division, reduction of monitoring requirements may be pursued after two annual
reporting periods.
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) date of ash application,
b) type of ash used,
c) location of ash application (site, field, or zone #},
d) volume of ash applied in tons t,
e) ash receiver, and
f) application ash was used for.
1 For volumes less than 25 cubic yards, records shall include items d), e), and f) as listed
above.
3. A representative annual ash analysis (using TCLP method) shall be conducted 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:
Manganese
pH
Phosphorus
Sodium
Potassium
Nickel
Lead
Cadmium
Zinc
Copper
Magnesium
Calcium
Arsenic
Barium
Chromium
Mercury
Selenium
Silver
4. A Toxicity Characteristics Leaching Procedure (TCLP) analysis of the ash shall be
conducted by the Permittee prior to permit expiration and the results shall be submitted
with the request for renewal of the permit to the Division. The TCLP analysis shall
include the following parameters:
Arsenic
Barium
Benzene
Cadmium
Carbon tetrachloride
Chlordane
Chlorobenzene
Chloroform
Chromium
o-Cresol
m-Cresol
p-Cresol
Cresol
2,4-D
1,4-dichlorobenzene
1,2-dichloroethane
1, 1 -Dichloroethylene
2,4-Dinitrotoluene
Endrin
Heptachlor (and its hydroxide)
Hexachlorobenzene
Hexachloro-1,3-butadiene
Hexachloroethane
Lead
Lindane
Mercury
Methoxychlor
Methyl ethyl ketone
Nitrobenzene
Pentachlorophenol
Pyridine
Selenium
Silver
Tetrachloroethylene
Toxaphene
Trichloroethylene
2,4, 5- Trichlorophenol
2, 4, 6-Trichlorophenol
2,4,5-TP (Silvex)
Vinyl chloride
5. Three copies of all monitoring and reporting requirements as specified in conditions 1112,
and 1113 shall be submitted annually on or before March 1 of the following year to the
following address:
NC Division of Environmental Management
Water Quality Section
Facility Assessment Unit
PO Box 27687
Raleigh, NC 27611-7687
6. The permittee shall submit to each recipient of this product written information
concerning the intended uses of this material. This information shall include any
restrictions which apply to the application of this product as outlined in the conditions
contained in this permit.
7. Noncompliance Notification:
The Permittee shall report by telephone to the Winston-Salem Regional Office, telephone
no. (910) 896-7007, 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 application of
significant amounts of ash which are abnormal in quantity or characteristic.
4
0,
b. Any spillage or discharge from a vehicle or piping system transporting ash 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.
IV. GROUNDWATER REQUIREMENTS
Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.
V. INSPECTIONS
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 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 by the Division of Environmental Management or other permitting
authority.
2. 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 CONDITIONS
This permit shall become voidable unless the ash reuse program activities are carried out
in accordance with the conditions of this permit 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 transferable. In the event 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 Environmental 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. 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.
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 15A 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 Pernaittee, 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 Environmental Management
deems necessary in order to adequately protect the environment and public health.
Permit issued this the twenty first day of June, 1996
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
armc,raA ,
A. Preston Hard, Jr., P.E.,,Director /
Division of ironmental Management
By Authority of the Environmental Management Commission.
Permit No. WQ0003253
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