HomeMy WebLinkAboutWQ0001492_Final Permit_19990326State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
March 26, 1999
Gene F. Renzaglia, Plant Manager
Occidental Chemical Corporation
Post Office Box 368
Castle Hayne, North Carolina 28429
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT ANo NATURAL RESOURCES
Subject: Permit No. WQ0001492
Occidental Chemical Corporation
Surface Disposal of Residual Solids
New Hanover County
Dear Mr. Renzaglia:
In accordance with the modification request received on March 17,1999, we are forwarding
herewith Permit No. WQ0001492 as modified, dated March 26, 1999, to the Occidental Chemical
Corporation for the continued operation of a surface disposal site for the purpose of the disposal of
residual solids. The permit has been modified to include 3,880 linear feet of 5-inch force main in lieu of
4-inch force main.
Please be advised, it is critical that proper pH of the subject residuals be maintained to ensure
that the chromium remaining in the residuals does not become mobile. Issuance of this permit does not
relieve Occidental Chemical Corporation of any violations of surface water or groundwater standards.
. This permit shall be effective from the date of issuance until June 30, 2002, shall void Permit No.
WQ0001492 issued September 19, 1997, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring and reporting requirements contained
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 thirty (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.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
If you need additional information concerning this matter, ease con ct Mr. Danny Wiegand at
(919) 733-5083, extension 358.
Sin r y,
i
Kerr T. Stevens
cc: New Hanover County Health Department
Wilmington Regional Office, Water Quality Section
Wilmington Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SURFACE 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 THE
Occidental Chemical Corporation
New Hanover County
FOR THE
continued operation of a surface disposal site consisting of a sludge mixing tank for the addition of
cement kiln dust, two sludge disposal lagoons: Quarry I Section 1 (96.9 acres) with the available
capacity of approximately 663,000 cubic yards, and Quarry I Section 11 (70.6 acres) with the available
capacity of approximately 3,000,000 cubic yards, approximately 3,880 linear feet of 5-inch force main,
and all associated piping, valves and fittings for the final disposal of 171,000 dry tons per year of
residual solids from the Occidental Chemical Corporation wastewater treatment facility with no
discharge of wastes to the surface waters, pursuant to the modification request received March 17, 1999,
and in conformity with the project plan, specifications, and other supporting data subsequently filed and
approved by the Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until June 30, 2002, shall void Permit No.
WQ0001492 issued September 19, 1997, and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
I. This surface disposal facility shall be effectively maintained and operated as a non -
discharge system to prevent the discharge of any wastes resulting from the operation of
this program_
2. 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 program.
3. In the event that any surface disposal unit is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall cease disposing of the wastewater
residuals to the sewage sludge unit and take any immediate cofrective actions, as may be
required by the Division of Water Quality (Division).
4. A copy of this permit shall be maintained at the surface disposal site when residuals are
being disposed during the life of this permit. A spill prevention and control plan shall be
maintained at the site.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities and application sites shall be properly maintained and operated at all times.
2. No residuals other than the following are hereby approved for disposal
in the sludge
disposal quarries in accordance with this permit:
Permit
Volume
Source County Number (dry
tons/year)
Occidental Chemical Corporation New Hanover NC0003875
171,000
3. Upon classification of the facility by the Certification Commission, the Permittee shall
employ a certified operator to be in responsible charge (ORQ of the surface disposal site.
The operator must hold a certificate of the type classification assigned to the surface
disposal site by the Certification Commission. The Permittee must also employ a
certified back-up operator of the appropriate type to comply with the conditions of Title
15A NCAC 8A, .0202.
4. Appropriate measures must be taken to control public access to the surface disposal site
during active site use and for the 36-months following closure of all sludge units. Such
controls may include fencing and the posting of signs indicating the activities being
conducted at each site.
Adequate provisions shall be taken to prevent any surface runoff from occurring at any
surface disposal site. if runoff cannot be prevented, a collection system shall be installed
with the capacity to handle runoff from a 24-hour, 25-year storm event. All collected
runoff shall be disposed in a manner approved by the Division.
6. Adequate provisions shall be taken to prevent wind erosion from conveying pollutants or
residuals from the surface disposal site onto the adjacent property or into any surface
waters.
7. Food crops, feed crops and fiber crops shall not be grown on a surface disposal site,
unless approval has been requested and received from the Division.
Animals shall not be grazed on a surface disposal site unless approval has been requested
and received from the Division.
9. Freeboard in the disposal lagoons shall not be less than two feet at any time.
10. Should electrical or mechanical failure occur with any facility associated with the sludge
stabilization process, the facilities shall cease operation immediately.
11. Supernatant shall be collected and returned to the manufacturing complex for treatment as
necessary to maintain the freeboard required.
III. MONITORING AND REPORTING REQUIREMENTS
Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division to insure protection of the environment will
be established and an acceptable sampling and reporting schedule shall be followed.
2. 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. volume of residuals disposed in gallons/year, dry tons/year, or kilograms/year,
b. cumulative sludge volume in the lagoons,
c. remaining volume available, and
d. an estimate of the remaining useful life of the lagoons
3. Samples of the chromium sludge -kiln dust mixture, chromium sludge -agricultural
limestone mixture, or chromium sludge -hydrated lime mixture (one grab sample per week
and one weekly composite sample) shall be collected and analyzed by the RCRA toxicity
test for chromium to insure that the residual solids are in fact non -hazardous. These
analyses shall be submitted to the Regional Supervisor of the Wilmington Regional
Office monthly and annually as required below.
4. Three copies of all required monitoring and reporting requirements as specified in
Conditions III 1 (except for groundwater monitoring), III 2, and III 3 shall be submitted
annually on or before March 1 of the following year to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
5. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone
number (910) 395-3900, 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 surface disposal program which results in the disposal of
significant amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the surface disposal program resulting in a release of material to
receiving waters.
c. Any time that self -monitoring information indicates that the facility has gone out of
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 renders the facility
incapable of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals to
the disposal site.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within five (5) 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.
IV. GROUNDWATER REQUIREMENTS
I. Monitor Wells CPW-lS, CPW-2D, CPW-3D, CPW-4D, CPW-5S, CPW-5D, CPW-6S,
CPW-6D, CPW-7S, CPW-7D, CPW-8S, CPW-8D, CPW-9S, CPW-9D, CPW-10S,
CPW-10D, CPW-12S, CPW-12D, CPW-13S, CPW-13D, CPW-14S, CPW-14D, CPW-
15D, and CPW-15S shall be sampled every March, July, and November for the following
parameters:
PH Water Level
Chloride Total Dissolved Solids
Iron Chromium
The measurement of water levels must be made prior to sampling for the remaining
parameters. The depth to water in each well shall be measured from the surveyed point
on the top of the casing. The measuring points (top of well casing) of all monitoring
wells shall be surveyed to provide the relative elevation of the measuring point for each
monitoring well.
The results of the sampling and analysis must be received on Form GW-59 (Groundwater
Quality Monitoring: Compliance Report Form) by the Groundwater Section, Permits and
Compliance Unit, P.O. Box 29578 Raleigh, N.C. 27626-0578 every April, August, and
December.
2. Any additional groundwater quality monitoring, as deemed necessary by the Division,
shall be provided.
3. 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 at or beyond the Compliance Boundary is subject to
immediate remediation action in addition to the penalty provisions applicable under
General Statute 143-215.6A(a)(1). 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 Quarry I Section I, which was permitted prior to December 31, 1983, the Compliance
Boundary is established at a distance of 500 feet from the waste disposal boundary, or the
property boundary, whichever is less.
For Quarry I Section II, which was permitted on or after December 30, 1983, the
Compliance Boundary is established at the lessor of 250 feet from the waste disposal
boundary, 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 Director within 14 days. The Director shall then
establish a modified Compliance Boundary which will be completed as a modification to
the Permit.
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the
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 (1) 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 (2) submit
a plan for the alteration of existing site conditions, facility design and 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
The Permittee or his designee shall inspect the residuals storage, transport, and disposal
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 maintain 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 five years from the date of the inspection and shall be made
available to the Division or other permitting authority, upon request.
2. Any duly authorized officer, employee, or representative of the Division may, upon
presentation of credentials, enter and inspect any property, premises or place on or related
to the surface disposal site or 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; and may obtain samples of
groundwater, surface water, or leachate.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the surface disposal activities are carried out in
accordance with the conditions of this permit, the supporting materials, 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 automatically transferable. In the event that 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 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 in accordance with North Carolina
General Statute 143-215.6A to 143-215.6C.
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 15 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.
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 deems necessary in order to
adequately protect the environment and public health.
9. The Division must be notified in writing at least 180 days prior to closing of the surface
disposal site. A formal closure plan shall be required to be submitted at that time_
Permit issued this e twenty-sixth day of March, 1999
N 07RT CZRL ' RONMENTAL MANAGEMENT COMMISSION
74 Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Cornrnission
Permit Number WQ0001492
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