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.
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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.
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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.
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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
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