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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. 4 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