WQ0003704_Final Permit_19900827

State 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
August 27, 1990
Mr. Robert Kevin Twilley, Co -President
Mr. Cory W. Warren, Co -President
American Soils Corporation
158 Oak Pointe Drive
Cherryville, North Carolina 28021
Dear Mr. Twilley:
George T. Everett, Ph.D.
Director
Subject: Permit No. WQ0003704
American Soils Corporation
Land Disposal of Petroleum
Contaminated Soils at Dedicated Site
Northampton County
In accordance with your application received June 12, 1990, we are forwarding herewith
Permit No. WQ0003704, dated August 27, 1990, to American Soils Corporation for the
construction and operation of the subject petroleum contaminated soil disposal program.
This permit shall be effective from the date of issuance until July 31, 1995, and shall be
subject to the conditions and limitations as specified therein.
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.
One set of approved plans and specifications is being forwarded to you. If you need
additional information concerning this matter, please c9i4act Mr. John Seymour at 9191733-5083.
Sinc ly,
George T. Eve
cc:Northampton County Health Dep e t
Raleigh Regional Office
Groundwater Section
Pollution Prevention Pays
P.O. Box 276$7, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
CONTAMINATED SOILS DISPOSAL 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
American Soils Corporation
Northampton County
FOR THE
construction and operation of a (virgin) petroleum contaminated soils disposal system consisting
of land application and treatment of tested (Class I and Class 11) (virgin) petroleum contaminated
soils from multiple locations to a fifteen (15) acre treatment and disposal area located at NCSR
1300 north of Weldon N.C., the treatment and testing of the subject soils until the soil's
contamination levels are below detection limits (as defined by the Division of Environmental
Management's 'GUIDELINES FOR REMEDIATION OF SOIL CONTAMINATED BY
PETROLEUM'), and once acceptable contamination levels are achieved, the land application of
additional (virgin) petroleum contaminated soils to the approved site for treatment, with no
discharge of wastes to the surface waters, pursuant to the application received June 12, 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 July 31, 1995, and shall be subject
to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
I . The Raleigh Regional Office, phone no. 9191733-2314, shall be notified at least
Forty-eight (48) hours prior to the initial incidence of land application of the
contaminated soil so that an inspection can be made. Such notification to the
regional supervisor shall be made during the normal office hours from 8:00 a.m.
until 5:00 p.m. on Monday through Friday, excluding State Holidays.
2. This permit shall become voidable if the soils fail to adequately assimilate the
wastes and may be rescinded unless the facilities are installed, maintained, and
operated in a manner which will protect the assigned water quality standards of the
surface waters and ground waters.
3. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or
replacement treatment or disposal facilities.

4. 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.
5. The following buffers shall be maintained:
a) 100 feet between disposal area and any public or private water supply including
wells
b) 100 feet between disposal area and "SA and SB" classified surface waters
c) 50 feet between disposal area and any stream, lake, river or natural drainageway
d) 50 feet between disposal area and property lines
e) 10 feet between disposal area and surface water interceptor drains or diversions
(upslope)
f) 25 feet between disposal area and surface water interceptor drains or diversions
(downslope) and groundwater drainage systems.
6. The land application of soils contaminated with any products other than Class I or
Class II petroleum products is prohibited, unless specificaly authorized by the
Division.
7. There shall be no land application of soils, contaminated by a petroleum fuel source
not regulated under the Federal Underground Storage Tank Rules 40 CFR Part
280, unless both of the following stipulations have been met:
(a) The contaminated soils have been tested in accordance with the Toxicity
Characteristic Revision Rules as specified in March 29, 1990 Federal
Register (pp, 11798 - 11877), and
(b) For any soil in which one or more constituents exceed the regulatory level
specified in the rules specified in (a), a written clearance from this
Departments' Division of Solid Waste Management that the contaminated soil
is not subject to regulation by programs administered under their authority.
II. OPERATION AND MAINTENANCE RE UIREMENTS
1. The facilities shall be properly maintained and operated at all times.
2. Adequate measures shall be taken to prevent surface runoff from carrying any
disposed material into any surface waters.
3. The maximum thickness of application shall not exceed four (4) inches for soils
contaminated with a Class I product and three (3) inches for soils contaminated with
a Class H product; however, the individual application thicknesses shall be based
upon the volume/area basis contained in 'Guidelines For Remediation Of Soil
Contaminated By Petroleum'.
4. The facilities shall be effectively maintained and operated as a non -discharge system
to prevent the discharge of any wastewater resulting from the operation of this
facility.
5. No food -chain crops shall be grown on the landfarming sites for at least two years
following the completion of contaminated soil application and remediation.
6. Sufficient lime shall be added to the disposal site soils to raise the soil pH to a
minimum of 6.0 for those areas receiving soils contaminated with Class I products
and 6.5 for those areas receiving soils contaminated with Class II products.
2

7. The contaminated soil and Lime shall be thoroughly incorporated into the top six (b)
to eight (8) inches of the native soils by rototilling or disking.
8. To ensure That sufficient oxygen is provided for waste biodegradation, the site shall
be retilled at periods of one (1) month, two (2) months, and every six (b) months
thereafter following disposal.
9. Nutrients, in the form of nitrogen and phosphorus fertilizers, must be applied over
the disposal area and fully incorporated into the mixed contaminated and native soil
layer. To provide maximum benefits, fertilization should occur no sooner than 5
days nor later than 30 days subsequent to disposal.
Rate of fertilizer application should be the lesser of the following:
a) For nitrogen, the tolerance level of the vegetative crop, as determined by a
knowledgeable party, or 75-100 pounds per acre plant available nitrogen (PAN).
b) For phosphorus, the tolerance level of the vegetative crop, as determined by a
knowledgeable party, or 50-75 pounds per acre P205 (or equivalent).
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring deemed necessary by the Division of Environmental Management
to insure surface and ground water protection will be established and an acceptable
sampling reporting schedule shall be followed.
2. For each source of contaminated soil, the following information must be submitted
to the Raleigh Regional Office:
a) Source of contamination (facility, address, county, etc.).
b) Class and specific type of Petroleum product. Completion of Certification of
Waste Constituents contained in the 'Guidelines For Remediation Of Soil
Contaminated By Petroleum'.
c) Estimated volume of contaminated soil from source.
d) Analysis for total petroleum hydrocarbons (TPH). Additionally, EP Toxicity
analysis shall be conducted for heavy metals for non -virgin petroleum
contaminated soils.
e) Remaining capacity of dedicated site (in cubic yards).
f) The results of a Toxic Characteristic Leaching Procedure test (as specified in
the March 29, 1990 Federal Register for Toxicity Characteristics Revisions,
pp. 11798 - 11877) for all petroleum contaminated soils not subject to the
Underground Storage Tank Regulations (40 CFR Part 280).
No sources of contaminated soils shall be land applied prior to receiving
authorization from the Raleigh Regional Office.
3

3. Soil samples will be collected, from a minimum of two (2) areas at the disposal
site, at intervals of 6 months and 12 months following disposal.
Each sample will be composed of the vertical column of soil, extending from land
surface td1he maximum depth of waste incorporation, and collected by using a soil
auger, Shelby tube or split -spoon sampler.
Samples at each location will be thoroughly mixed and a representative portion
analyzed, (by methods specified in Guidelines For Remediation Of Soil
Contaminated By Petroleum available from the Division of Environmental
Management) to determine the concentration of. (i) Petroleum Fuel Hydrocarbons;
and, (ii) any Volatile Organic Aromatic (VOA compounds present. THE
SAMPLES TAKEN AT DIFFERENT LOCATIONS SHALL NOT BE MIXED
TOGETHER TO GENERATE A SITE - WIDE COMPOSITE SAMPLE.
A copy of the laboratory results of the soil analysis shall be submitted to the
Regional Office, to the attention of the Regional Hydrogeological Supervisor,
within thirty (30) days of sample collection.
4. Soils contaminated with Class I or Class Il petroleum products shall not be applied
to an area which has previously received petroleum contaminated soils unless
analysis of soil samples taken fz1om the site indicates that contaminant levels have
been reduced to below detection levels. Soils analysis shall be in accordance with
the methods described in condition No. 3 above.
5. A representative annual soils analysis shall be conducted of each site that recieved
contaminated soil and the results maintained on file by the Permittee. The soils
analysis shall include but is not necessarily limited to the following parameters:
Standard Soil Fertility Test
Manganese
% Base Saturation
Cation Exchange Capacity
Phosphorus
Sodium
Potassium
Nickel
Lead
Cadmium
Zinc
Copper
Magnesium
Calcium
pH
6. 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) source of virgin petroleum contaminated soil and acceptance test results
and clear identification of all contaminating material
b) date of soil application
c) location of soil application (site, field, or zone #)
d) method of application
e) weather conditions
f) soil conditions
g) type of cover crop growing or cover crap to be grown on field
h) volume of soil applied in cubic yards
i) methods of treatment and sampling results
j) thickness of applied soil
9

IV.
7. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh, Regional Office telephone
no. 9191733-2314, 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 land application program which results in the land
application of significant amounts of wastes which are abnormal in quantity or
characteristic.
b. Any failure of the land application program resulting in a discharge of wastes to
receiving waters.
c. Any time that self-monitoring information indicates that the facility is not in
compliance with the conditions and limitations of this permit or the parameters
on which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the
facility incapable of adequate sludge treatment.
e. Any spillage or discharge from a vehicle or piping system transporting
contaminated soil 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.
GRQUNDWATER REQUIREMENTS
1. Prior to beginning waste disposal operations, three (3) monitor wells, one (1)
upgradient and two (2) downgradient, shall be installed to monitor groundwater
quality. The wells shall be constructed such that the water level in the well is never
above or below the screened (open) portion of the well at any time during the year.
However, the exact location and construction details for these wells shall be
approved by the Raleigh Regional Office, from which a well construction permit
must be obtained.
2. The monitor wells must be sampled initially after construction ( and prior to waste
disposal operations) and thereafter every March, July, and October for the
following parameters:
TOC pH (6.5-8.5 Standard units)
Water Level EPA Method 601
EPA Method 602 EPA Method 610
EPA Method 639.2
The measurement of water level must be made prior to sampling for the remaining
parameters.
The measuring points (top of well casing) of all monitoring wells shall be surveyed
relative to mean sea level (M.S.L.). The depth of water in each well shall be
measured from the surveyed point on the top of the casing. The water level
elevations shall then be determined relative to M.S.L..
5

The numbers in parentheses represent the maximum allowable concentrations in
groundwater for the various analytical parameters, as specified in 15 NCAC 2L
[Groundwater Classifications and Standards]. Unless otherwise noted, the
concentratibns are given in parts per million.
If TQC concentrations greater than 10 mg/1 are detected in any downgradient
monitoring well, additional sampling and analysis must be conducted to identify the
"microorganisms, natural organic and/or synthetic organic compounds" comprising
this TOC concentration. If the TOC concentration as measured in the ba.ckUound
monitor well exceeds 10 mg/1, this concentration will be taken to represent the
naturally occurring TOC concentration. Any exceedances of this naturally
occurring TOC concentration in the downgradient wells shall be subject to the
additional sampling and analysis as described above.
The results of the sampling and analysis shall be sent to the N.C. Division of
Environmental Management on Form GW -59 (Compliance Monitoring Report
Form) every April, August, and November.
3. The Qg=liance Boundary for the disposal system is specified by regulations in 15
NCAC 2L, Classifications and Water Quality Standards applicable to the
groundwater of North Carolina. An exceedance of Groundwater Quality Standards
beyond the Compliance Boundary is subject to penalty provisions applicable under
General Statute 143-215.6(1)a. The sale of property, by the Permittee, which is
within or contiguous to the disposal system site may alter the location of the
Compliance Boundary.
For facilities permitted on or after December 30, 1983, the Compliance Boundary is
established at the lesser of 250 feet from the land application area, or 50 feet
within the property boundary.
If the title to any property which may affect the location of the Compliance
Boundary is changed, the permittee shall notify the Division Director within 14
days. The Director shall then establish a modified Compliance Boundary which
will be done as a modification to the Permit.
The REVIEW BOUNDARY for the disposal system is specified by regulations in
15 NCAC 2L, Groundwater Classifications and Standards. A REVIEW
BOUNDARY is established around disposal systems midway between the
Compliance Boundary and the perimeter of the waste disposal area. When the
concentration of any substance equals or exceeds the maximum allowable
concentration of that substance at the REVIEW BOUNDARY, as determined by
monitoring, the permittee shall either (i) demonstrate, through predictive
calculations or modeling, that natural site conditions, facility design and
operational controls will prevent a violation of standards at the Compliance
Boundary; or, (ii) submit a plan for the alteration of existing site conditions, facility
design or operational controls that will prevent a violation of standards at the
Compliance Boundary, and implement that plan upon its approval by the Director.
4. Any additional groundwater quality monitoring, as deemed necessary by the
Division, shall be provided.
V. INSPECTIONS
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee
to insure proper operation of the subject facilities.
T

2. The Permittee or designee shall inspect the contaminated soil area to prevent any
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 to the Division of
Environmental Management or other permitting authority.
3. 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 contaminated soil is disposed of in
accordance with the conditions of this permit and the approved documents.
2. This permit is effective only with respect to the nature and volume of wastes
described in the application and other supporting data.
This permit is not transferable. In the event there is a desire for the facilities to
change ownership, or there is 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. In any future transfer of this land, a notice shall be given to the new owner that
gives full details of the materials applied or incorporated at this site.
5. A set of approved documents for the subject project must be retained by the
applicant for the life of the project.
6. 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.
7. 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).
8. 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

9 . The Permittee, at least six months prior to the expiration of this permit, shall request
its extension. Upon receipt of the request, the Commission will review the
adequacy 61 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.
Pen -nit issued this the 27th day of August, 1990
CAROLINA
.-F, (on
eorge T. Everett
Division of Envi4
By Authority of the
MANAGEMENT COMMISSION
Management Commission

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