WQ0003704_Final Permit_19910628

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
Ranks G. Martin, Governor
W i l li vn W. Cobey, Sr., Secretary
George T. Everett, Ph.D.
Direc to r
June 28, 1991
Mr. Robert Kevin Twilley, Co -President
Mr. Cory W. Warren, Co -President
American Soils Corporation
158 Oak Pointe Drive
Chelryville, North Carolina 28021
Subject: Permit No. WQ0003704 Ainendment
American Soils Corporation
Land Disposal of Petroleum
Contaminated Soils at Dedicated Site
Administrative Amendment
Northampton County
Dear Mr. Twilley:
After a review of the subject site and permit by the Raleigh Regional Office staff and after
discussions with local county officials regarding concerns of environmental and health-related
issues at this site, in accordance with your application received June 12, 1990, and your request for
hermit amendment received March 21, 1991, we. are forwarding herewith Permit No. WQ0003704
as amended, dated June 26, 1991, to American Soils Corporation for the continued operation of the
subject petroleum contaminated soil disposal program.
Several modifications to the existing permit have been added to alleviate local fears that
hazardous substances may be disposed of at the site if current procedures are not followed- The
comments and references are as follows:
Modify condition I.5.(d) from 50 feet to 75 feet to allow the location of monitor wells at
the review boundary. Application of soils to within 50 feet of the property boundary
(compliance boundary) does not currently allow this.
2. Add conditions to II OPERATION AND MAINTENANCE REQUIREMENTS to request:
(a) Development of a site management plan to be submitted to the Regional Office.
(b) The land application of contaminated soils shall not exceed materials greater than 2
inches in size or any construction -related debris.
(c) Separate land application areas shall be. maintained for each disposal project,
separated by a 10 foot buffer. Each area will be labeled to correspond with a map
identifying the owner of the soil, which shall be modified and submitted to the
Regional Office according to monitoring report requirements specified in condition
IV.2.
Pollution Prevention Pays
P.O. Sox 27687, Raleigh, North Carolina 27611-7687 Telephone: 919 -M -MI5
An Equal Opportunity Affirmative Action Employer

(d) Modify condition II.7 (now condition 11.8 and 11.9) to require application of lime and
initial incorporation of contaminated material within five (5) working days of
disposal.
(e) Establish a temporary cover crop on the land applied area after the 2nd month tilling
and Lifter every subsequent tilling.
Acid a requirement to condition III.2 to include a general waste manifest signed by each
party having control over the contaminated soil, from point of origin to disposal location.
Also, modify the requirements for the analysis of contaminants to include the TCLP
Method for all soils, including those which may be subject to 40 CFR Part 2£0,
4. Modify condition I11.3 to require that soil samples be collected from each land application
area and not just "the disposal site".
Modify condition IV.1 to require three new monitor wells: one (1) upgradient and two (2)
downgradient. This is in response to the fact that none of the existing monitoring wells
were constructed to intersect the water table.
6. Correct condition IV.2 to require EPA Method 239.2 instead of 639.2.
A major concern of local officials is the possibility that a third party may dispose of
hazardous materials despite the written statement to the contrary (see Certification of Waste
Constituents). The above revisions, particularly number 3, should alleviate many of their concerns.
This permit shall be effective 30 days from the date of issuance until July 31, 1995, and
shall be subject to the conditions and limitations as specified therein. Issuance of this permit hereby
voids Permit No. WQ0003704 issued August 27, 1990.
If any parts, requirements, or limitations contained in this permit amendment 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 amendment shall be final and binding.
If you need additional information concerning this matter, please contact Mr. John
Seymour at 919/ 733-5083.
S cerely,
George T. Evert
t
cc:: Northampton County Health Departm t
Raleigh Regional Office
Groundwater Section
Facilities Assessment Unit

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, or the bioremediation on soil remediation pads, of tested (Class
I and Class II) (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 additional land application or bioremediation on soil holding pads of other (virgin)
petroleum contaminated soils to the approved site or soil remediation pad for treatment, with no
discharge of wastes to the surface waters, pursuant to the application received June 12, 1990, and
the application for permit amendment received March 21, 1991, 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 60 days from the date of issuance until July 31, 1995, and shall be
subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. The Raleigh Regional Office, phone no. 919/ 733-2314, shall be notified at least
Forty-eight (48) hours prior to the initial incidence of application of the
contaminated soil to the bioremediation pads so that an inspection can be made.
Such notification to the regional supervisor shall be made during the norinai 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 tile,
surface waters and ground waters.

*.
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 PP='ttee of the responsibility for
dama�,es to surface or groundwaters resulting from the operation of this facility.
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) 75 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 11 petroleum products is prohibited, unless specifically authorized by the
Division.
7. American Soils Corporation shall not accept soils contaminated by a petroleum fuel
source not regulated under the Federal Underground Storage Tank Rules 40 CFR
Part 250, unless both of the following stipulations have been met:
(a) The contaminated soils have been tested in accordance with the Tonicity
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.
S. All buffer zones as prescribed in 15 A NCAC 2H.0219 shall be observed.
9. The remediation pad, also known as containment vessel, must be able to withstand
the processes used during remediation without failure of the impermeable layer.
10. The maximum thickness of application shall not exceed twelve (12) inches.
11. The cultured bacteria to be used in the bioremediation process shall be limited to
Pseudomonas Aeruginosa. The use of any other cultured bacteria or
microorganism must be approved in writing by the Raleigh Regional Office,
Il. OPERATION AND MAINTENANCE RE UIREMENTS
The facilities shall be properly maintained and operated at all times.
Adequate measures shall be taken to prevent surface runoff from carrying any
disposed material into any surface waters.
2

*;a+
3. The maximum thickness of application shall not exceed four (4) inches for soils
contaminated ;ATith a Class I product and three (3) inches for soils contaminated
with a Class II 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 land application of contaminated soils shall not exceed materials greater than 2
inches in size or any construction -related debris. `7
Separate land application areas shall be maintained for each disposal project,
separated by a buffer sufficient to identify the individual projects. Each area will
be labeled to correspond with a neap identifying the owner of the soil, which shall
be modified and submitted to the Regional Office along with other required
monitoring repor-�s.
6. 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.
7. 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.
8. 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 11 products.
9. The contaminated soil and lime shall be thoroughly incorporated into the top six (6)
to eight (8) inches of the native soils by rototilling or disking. This incorporation
shall take place Nvithin five (5) working days of disposal.
10. To erasure 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 (6)
months thereafter following disposal.
11. A temporary cover crop shall be established on the land applied area after the 2nd
month tilling and after every subsequent tilling.
12. 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 P2O5 (or equivalent).
13, A site management plan shall be developed and submitted to the Raleigh Regional
Office within 45 days after this permit amendment is in effect.

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 subnutted
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, TCLP
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 including those
subject to the Underground Storage Tank Regulations (40 CFR Part 280).
h) A general waste manifest signed by each party having control over the
contaminated soil, from point of origin to disposal location.
No sources of contaminated soils shall be land applied prior to receiving
authorization from the Raleigh Regional Office.
3. Soil samples will be collected, from a minimum of two (2) areas at each land
application area, 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 to the 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 Renitdiation Of Soil
Contaminated By Petroleum available from the Division of Environmental
Management) to determine the concentration of: (i) Petroleum Fuel Hydrocarbons;
and, (11) 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.
El

W.v'
4. Soils contaminated with Class I or Class II petroleum products shall not be applied
to an area which has previously received petroleum contaminated soils unless
analysis of soil samples taken from 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.
A representative annual soils analysis shall be conducted of each land application
site that received contaminated soil and the results maintained on file by the
Pernnittee.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
b. Proper records shall be maintained by the Permittee tracking all disposal activities.
These records shall include, but are not necessarily limited to the following
infomiation:
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 crop to be grown on field
h) volume of soil applied in cubic yards
i) methods of treatment and sampling results
3) thickness of applied soil
Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh, Regional Office telephone
no. 919/ 733-2314, 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 bind
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 reader the
facility incapable of adequate sludge treatment.
5

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 knowledgn
e of the occurrece. This
report must outline the actions taken or proposed to be taken to ensure that the
problem does not recur.
1V, GROUNDWATER REQUIREMENTS
Prior to acre tin soils for remediation three (3) monitor wells, one (1) upgradient
and two (2) downgradient, shall be installed at the locations shown on the attached
map 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 the well shall be approved by the Raleigh Regional Office, from which a
well construction permit must be obtained.
The new monitor wells must be sampled initially after construction ( and prior to
waste disposal operations) and thereafter every March, July, and November 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 239.2 Total Suspended Solids
Total Dissolved Solids
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
to provide relative elevations of the measuring point for each of the monitoring
wells. The depth of water in each well shall be measured from the surveyed point
on the top of the casing.
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
concentrations are given in parts per million.
If TOC concentrations greater than 10 mg/l 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
background monitor well exceeds 10 mg/l, this concentration will be taken to
represent the naturally occurring TOC concentration. Any exceedances of this
naturally occurring TQC 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 December.

.0
3. The Compliance Boundary delineated on the attached site map for the remediation
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 remediation 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. A leachate collection system must be installed in order to prevent run-off from the
contaminated soils, or steps taken to avoid accumulation of water during
precipitation events within the contained area.
Provisions to dispose of leachate in an approved manner in accordance with
applicable local, state, and federal regulations must be addressed.
5. 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 Pen.hlittee
to insure proper operation of the subject facilities.
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 lor,
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 pemlitting authority.
7

WV
3. Any duly authorized officer, employee, or representative of the Division of
Environmental Managenment 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 tinme 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 play obtain samples of groundwater, surface water, or leachate.
V1. GENERAL CONDITIONS
1. This permit shall become voidable unless the contaminated soil is disposed of in
accordance with the conditions of this pern-dt 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.
3. This permit is not transferable. In the event there is a desire for the faccilities to
change ownership, or there is a name change of the Permittee, a formal permit
request must be submitted to the Division of Environmental 10anagetnent
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 owned 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).
S. 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.
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 of the facilities described therein, and if warranted, will extend the perruit
for such period of time and under such conditions and limitations as it may deem
appropriate.
0

10. Issuance of this permit hereby voids Permit No. WQ0003704 issued August 27,
1990.
Pcmiit issued this the 28th day of June, 1991
NORTH CAROLINA ENVIR
urge T. Everett,
Division of Environ
By Authority of the
WQ0003704
9
AL MANAGEMENT COM-N-TISSION
Management Commission

Pm -nit No. WQ0003704
June 26, 1991
EmJneer's Certification
as a duly registered Professional. Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full tine) the construction of the
prqiect,
Project Name Location
for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the approved plans and specifications.
Signature
Date
Registration No

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Figure 1. SITE LOCATION MAP