HomeMy WebLinkAboutWQ0003254_Final Permit_19940429State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
,lames B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 29, 1994
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:
Subject: Permit No. WQ0003254
Duke Power Company
Cliffside Steam Station
Ash Reuse Program
Rutherford County
In accordance with the amendment request from Mr. L. D. Evans, Scientist, Environmental
Protection - Waste Management, Generation Services Department, Duke Power Company, received
January 28, 1994, we are forwarding herewith Permit No. WQ0003254 as amended, dated April 29,
1993, to the Duke Power Company for the continued operation of an ash reuse program. Please 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 in the following areas:
a. Section 11(1)(a) - Structural fills were further defined by describing them as engineered fills
constructed of fly ash and bottom ash properly placed and compacted. However, the
Division does not agree on including areas of high intense public use such as parks, golf
courses, and ball fields as examples for using structural fills. If Duke Power Company
wishes to pursue these disposal alternatives, further documentation must be submitted to the
Division justifying them for using structural fills.
b. Section II(1)(b) - Flowable fills were exempted from all buffer requirements found in the
permit. Please be advised, only ponded ash, fly ash, and bottom ash used in flowable fills
will be exempted. If the Duke Power Company wishes to have any other ashes exempted
from the Solid Waste Requirements for Beneficial Use of Coal Combustion By -Products
(15A NCAC 13B .1701-1710) then approval must be requested and obtained from the
Division of Solid Waste.
c. Permit No- WQ0000452 was amended to indicate that the total application is limited to less
than 300 acres of application area.
d. Section II(6) has not been changed because the necessary information to show that ash can
meet the appropriate pipe bedding specifications has not been submitted from Duke Power
Company.
Please be advised, all future amendments to the subject pen -nit, no matter how minor, will require
a $400.00 permit processing fee.
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
This permit shall be effective from the date of issuance until January 31, 1998, small hereby void
Permit No. WQ0003254 issued February 12, 1993, 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.
If you need additional information concerning this matter, please contact Ms. Carolyn McCaskill
at (919) 733-5083.
Sincerely,
A. Prest Howard, H., P.E.
cc: Rutherford County Health Department
Asheville Regional Office, Water Quality Section
Asheville Regional Office, Groundwater Section
Jack Floyd, Groundwater Section Central Office
Training and Certification (no revised rating)
Facilities Assessment Unit
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
Rutherford County
FOR THE
operation of an ash reuse program utilizing ponded ash, fly ash, and bottom ash from the Cliffside Steam
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
January 28, 1994, 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. WQ0003254 issued February 12, 1993, and shall be subject to the following specified
conditions and limitations:
"MINEWMIMAW191-maMUM
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.
Asheville Regional Water Quality Supervisor.
Interchange Building
NC Division of Environmental Management
59 Woodfin Place
Asheville, North Carolina 28801
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 Asheville 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 fillst such as Government or
Commercial roadways, embankments, foundations, and construction foundations.
b. Fly ash may be used for flowable fillst 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.
t 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 Cliffside 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.
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 pipe 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.
FuTUTNTOMMIMM
1. 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) Iocation 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.
i 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
incIude 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 III 2,
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 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 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.
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I � � i � , I I[ u ►
1. Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.
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.
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 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.
5
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 Environmental Management
deems necessary in order to adequately protect the environment and public health.
Permit issued this the 29th day of April, 1994
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
a 9J'.� '0 -, cy� C" LQL
A. Preston , ward, Jr., P. —.,Director
Division of nvironmental Management
By Authority of the Environmental Management Commission
Permit No. WQ0003254
C7