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HomeMy WebLinkAboutWQ0003254_Final Permit_19900710State 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 July 10, 1990 Mr. M. D. McIntosh, Vice President Fossil Production Department Duke Power Company Post Office Box 33189 Charlotte, North Carolina 28242 Subject: Permit No. WQ0003254 Duke Power Company Cliffside Steam Station Ash Reuse Program Rutherford County Dear Mr. McIntosh: In accordance with your application received March 15, 1990, we are forwarding herewith Permit No. WQ0003254, dated July 10, 1990, to Duke Power Company for the operation of an ash reuse program. 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. If you need additional information concerning this matter, please contact Mr. Mark Hawes at 919/ 733-5083. cc: Rutherford County Health Asheville Regional Office Groundwater Section Ralph C. Roberts, Duke Power Company Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES l7���1 ASH REUSE PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO DUKE POWER COMPANY Rutherford County FOR THE operation of an ash reuse program utilizing fly ash and bottom ash from the Cliffside Steam Station for the purposes outlined in condition II - 1 with no discharge of wastes to the surface waters, pursuant to the application received March. 15, 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: I. PERFORMANCE STANDARDS 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. No ash shall be used within 100 feet of a potable water supply without written permission from the Asheville Regional Water Quality Supervisor Division of Environmental Management 59 Woodfin Place Asheville, North Carolina 28801 (704) 251-6208. II. OPERATION AND MAINiENANCE,QUIREMENTS 1. The following uses of ash is hereby approved: a) Fly ash and bottom ash may be used for structural fills such as Government, Commercial, or residential roadways, embankments, foundations, and construction foundations. b) Fly ash may be used for flowable fills such as cement and brick mixtures, backfill materials around water mains, sanitary sewers, and storm drainage structures. c) Bottom ash may be used for secondary road overlay, snow and ice control, drainage material, pipe bedding for railroad beds, underground storage tanks, and septic drain fields. 2. No ash other than that generated at the Cliffside Steam Station is 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. 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_ The Permittee shall provide an analysis of the ash to all recipients. 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 disposal 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, e) ash receiver, and f) application ash was used for. 2 3. A representative annual ash analysis shall be conducted the results maintained on rile- 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 PH 2,4,5 -TP Silvex 4. An annual EP Toxicity analysis of the ash shall be conducted by the Permittee and the results maintained on file by the Permittee for a minimum of five years. The EP Toxicity analysis shall include the following parameters: Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver Endrin Lindane Methoxychlor Toxaphene 2,4-D 2,4,5 -TP Silvex 5. Three copies of all monitoring and reporting requirements as specified in conditions 111 2, III 3 and III 4 shall be submitted annually on or before March I of the following year to the following address; NC Division of Environmental Management Water Quality Section. Facility Assessment Unit PO Box 27687 Raleigh, NC 27 611 -7687 6. Noncompliance Notification: The Permittee shall report by telephone to the Asheville, Regional Office telephone no. (704) 251-6208, 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. b. Any spillage or discharge from a vehicle or piping system transporting ash to an 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. 7. Any groundwater quality monitoring as deemed necessary by the Division of Environmental Management shall be provided. 3 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 1. 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 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. 4 8. This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and monitoring requirements the ;;ivision of En vko-mental Management deems necessary in order to adequately protect the environment and public health. Permit issued this the loth day of July, 1990 NOR�H CAROLINA ENV NMENTAL MANAGEMENT COMMISSION ad George T. Everett,irecto Division of Environme agement By Authority of the Environmental Management Commission Permit No. W Q0003254 5