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HomeMy WebLinkAboutWQ0004531_Final Permit_19910730State 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 30, 1991 Mr. Tony Parnell, Manager Safety and Environmental Southern States Cooperative, Incorporated 6606 West Broad Street -- -- -Richmond, Virginia 23230 - ---- — - Subject: Permit No. WQ0004531 Southern States Cooperative, Inc. - Remediation of Contaminated Soils Alamance County Dear Mr. Parnell: In accordance with your application received December 18, 1990, we are forwarding herewith Permit No. WQ0004531, dated July 30, 1991, to Southern States Cooperative, Incorporated for the operation of the subject contaminated soil remediation program. This permit shall be effective from the date of issuance until June 30, 1996, 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. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding. Regional Offices Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this matter, please contact Ms. Angela Y. Griffin at 919/ 733-5083. cc: Alamance County Health Department Winston-Salem Regional Office Groundwater Section Training and Certification Aquaterra, Incorporated Facility Assessment 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 Southern States Cooperative, Incorporated amanee County FOR THE operation of a contaminated soils remediation system consisting of disposing of approximately 1494 cubic yards of fuel contaminated soil from the Southern States Cooperative, Incorporated's Burlington, Mount Olive, and Wilson, North Carolina facilities to a 67,257 square foot disposal area located at Southern States Cooperative, Inc. in Mebane, North Carolina with no discharge of wastes to the surface waters, pursuant to the application received December 18, 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, 1996, and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS 1. The Winston-Salem Regional Office, phone no. (919) 876-7007, shall be notified at least twenty-four (24) hours after 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. 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. 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. No contaminated soil other than that from Southern States Cooperative, Incorporated's Burlington, Mount Olive and Wilson, North Carolina sites shall be placed on the land disposal site. II. OPERATION AND MAI TENA E REQUIREMENTS 1. The facilities shall be properly maintained and operated at all times. 2. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified wastewater treatment plant operator to be in responsible charge of the wastewater treatment facilities. The operator must hold a certificate of the type and grade at least equivalent to the classification assigned to the wastewater treatment facilities by the Certification Commission. Once the facility is classified, the Permittee must submit a letter to the Certification Commission which designates the operator in responsible charge. 3. Adequate measures shall be taken to prevent surface runoff from carrying any disposed material into any surface waters. 4. The 1494 cubic yards of contaminated soils shall be spread to a thickness not to exceed six (6) inches on those areas described as Test Plot 1, Western Portion of Test Plot 2, Test Plot 3, and Test Plot 4 in the submitted documentation. 5. 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. 6. The site shall be adequately limed to a soil pH of at least 6.5 prior to disposal of the contaminated soil. The contaminatesd soil and lime shall be thoroughtly incorporated into the top six to eight inches of the native soils by tilling or disking. 7. Site maintenance, including rototilling, mulching, fertilization, nutrient addition, and liming shall be in accordance with that as described in the application and supporting documentation. 8. To ensure that sufficient oxygen is provided for waste biodegradation, the site shall be retilled at periods of one month, two months, and every six months thereafter following disposal. 9. 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. C! 10. 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 15 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). 11. All foreign debris shall be removed from the petroleum contaminated soil prior to land application and at no time shall foreign debris be land applied with the petroleum contaminated soils. 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. Noncompliance Notification: The Permittee shall report by telephone to the Winston-Salem, Regional Office telephone no. (919) 876-7007, 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. C. 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. 3. For each source of contaminated soil, the following information must be submitted to the Winston-Salem Regional Office; a. Source of contamination (facility, address, county, etc.), 5 b. Class and specific types of petroleum product. Completion of Certification of Waste Constituents contained in the Guidelines For Remediation of Soil Contaminated By Petroleum, C. Estimated volume of contarninated soil from source, d. Analysis for total petroleum hydrocarbons (TPH), additionally, Toxic Characteristic Leaching Procedure analysis shall be conducted for heavy metals for non -virgin petroleum contaminated soils, C. Remaining capacity of dedicated site (in cubic yards), and f. The results of a Toxic Characteristic Leaching Procedure Test (as specified in the March 29, 1990 Federal register For Toxicity Characteristics Revisions, p.11798- 11877) for all petroleum contaminated soils not subject to the Underground Storage Tank Regulations (40 CFR par 280); No sources- of -contaminated soils shall be land applied prior to receiving written .authorization from the Winston-Salem Regional Office. IV. GR01JhDWATER LQiJREMENTS This permit shall be limited to a one time only land application of soils contaminated wiih Class I and Class II petroleum products. 2. The land application of soils other than those originating from the Burlington, Mount Olive, and Wilson facilities as described in the submitted application and associated documentation is prohibited. 3. Soil samples will be collected, from a minimum of two (2) areas at the disposal site, at intervals of six months and twelve months following disposal. Each sample will be composed of the vertical column of soil, extending from land surfaces 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 Remediation Of Soil Contaminted B 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 these and all other soils analysis conducted shall be submitted to the Winston-Salem, Regional Office, to the attention of the Regional Hydrogeological Supervisor, within 30 days of sample collection. 4. No land application of waste activities shall be undertaken when the seasonal high water table is less than three feet below land surface. 5. Any groundwater quality monitoring as deemed necessary by the Division of Environmental Management shall be provided. D 6. The Compliance Boundary, for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. An exceedance of Groundwater Quality Standards beyond the Compliance Boundary is subject to the penalty provisions applicable under General Statute 143-215.6(1)a. The sale of property, by the Permittee, which is within or contiguous to thedisposal 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 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 DEM 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 disposalsystemis sp.ecified_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-concentra-tisn of -that -sub -stance -at the— &E-)4R-V;--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; c9r, (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. V. INSPECTIONS 1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee 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 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. V1. GENERAL CONDITTONS 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. 7 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 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-anal-complianee-fee-musrbe-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. 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 permit for such period of time and under such conditions and limitations as it may deem appropriate. Permit issued this the 30th day of July, 1991 CAROLINA George T. 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