WQ0003698_Final Permit_20030926

r�F WATER Michael F, Easley, Governor
`0,0 QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
p Coleen H. Sullins, Deputy Director
Division of Water Quality
September 26, 2003
MR. J. ROBERT BOYETTE, CITY MANAGER
CITY OF MARION
POST OFFICE BOX 700
MARION, NORTH CAROLINA 28752
Subject: Permit No. WQ0003698
City of Marion
Corpening Creek Wastewater Treatment Plant
Surface Disposal of Residual Solids (503)
McDowell County
Dear Mr. Boyette:
In accordance with your permit renewal application package received on June 2, 2003 as well as
the additional information received on June 19, 2003, we are forwarding herewith Permit No.
WQ0003698, dated September 26, 2003, to the City of Marion for the continued operation of the surface
disposal unit at Corpening Creek Wastewater Treatment Plant.
This permit shall be effective from the date of issuance until August 30, 2008; shall void Permit
No. WQ0003698, issued on January 10, 2001; and shall be subject to the conditions and Iimitations as
specified therein.
This permit is being issued the continued implementation of the post -closure care plan for the
surface disposal unit for another five-year cycle. Note that the unit is currently inactive for the purpose of
residuals disposal and has now been closed. The Division of Water Quality (Division) would like to take
this opportunity to commend the City of Marion for successfully phasing out the use of the surface
disposal unit and implementing a residuals management pian that is a more sustainable and beneficial
alternative to continued operation of a surface disposal unit. However, the City of Marion has failed to
comply with all of the conditions of the previous issuance of this permit. Examples of such non-
compliance include the following:
♦ The quarterly reports describing progress on the compliance schedule items were not
submitted during the phase-out of the surface disposal unit. Condition I. 1. of this permit
requires that all reports be submitted for the Division's records within 30 calendar days.
♦ The surveyed site map did not meet all of the criteria established in the last issuance of this
permit. Condition 1. 2. requires that a new map be prepared and submitted or, alternatively,
the existing map be amended and submitted for the Division's records within 180 calendar
days.
♦ The application for permit renewal and modification was not submitted until June 2, 2003,
about a year and a half after the required deadline. Be aware that this permit will expire on
August 31, 2008 and must be renewed through a formal application process unless a
rescission of this permit is requested to and approved by the Division prior to that date,,,
IA
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NC 27699-1617
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http://h2o.enr.state.no.us/ndpu
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The closure and post -closure care pian did not contain sufficient detail to ensure that it meets
the federal guidance recommended in the last issuance of this permit (i.e., see enclosure). In
addition, closure proceeded without approval of the plan by the Division through the issuance
of a renewed/modified permit. As such, the Division cannot approve the closure and post -
closure care plan as submitted. The City of Marion is hereby notified that, should the closure
of the surface disposal unit prove to be inadequate at any time, it may be required to
rehabilitate the closed unit to meet the recommended guidance in this document.
As a reminder, the State of North Carolina is not currently delegated to administer the 40 CFR
Part 503 program on behalf of the United States Environmental Protection Agency (EPA). Therefore,
when this regulation refers to the "permitting authority," it is referring to the EPA. ' 40 CFR Part
503.22(c) does require that the owner/operator of a surface disposal unit "submit a written closure and
post -closure plan to the permitting authority 180 days prior to the date that the active sewage sludge unit
closes." Note that the issuance of this permit does not preclude the City of Marion from complying with
its responsibilities on the federal regulatory level. If the plan has not been submitted to the EPA already,
the City of Marion may want to contact the Region IV representative as soon as possible in this regard.
Please take the time to review this permit thoroughly as some of the conditions contained
therein may have been added, changed, or deleted since this permit was last issued. 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.
Please also make note of this permit's expiration date and the fact that a permit renewal is due to the
Division no later than six months prior to that date (i.e., see Condition VI. 7.), as the Division does not
send reminders to apply for permit renewal.
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, 6714 Mail Service
Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need any additional information concerning this matter, please contact Ms. Shannon Mohr
Thornburg by telephone at [phone], extension 353, or via e-mail at
[e-mail].
Sincerely,
for Alan W. Klimek, P.E.
Enclosure
cc: McDowell County Health Department (w/o enclosure)
Central Office -Groundwater Section (w/o enclosure)
Asheville Regional Office -Water Quality Section (w/o enclosure)
Asheville Regional Office -Groundwater Section (wlo enclosure)
Technical Assistance and Certification Unit (w/o enclosure)
Water Quality Central Files (w/o enclosure)
NDPU Files (w/o enclosure)
NDPU Residuals Program Coordinator (w/o enclosure)
2

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SURFACE DISPOSAL OF RESIDUAL SOLIDS (503) 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
City of Marion
McDowell County
FOR THE
continued operation of a post -closure care program, including methane gas and groundwater monitoring,
for the surface disposal unit. The surface disposal unit, which consisted of 11 pits, has been inactive since
2001 (i.e., no longer permitted to receive residuals) and closed since 2002. All residuals disposed in the
surface disposal unit were generated by the City of Marion's Corpeuing Creek Wastewater Treatment
Plant (NPDES Permit No. NC0031879) and Catawba River Wastewater Treatment Plant (NPDES Permit
No. NC0071200).
The post -closure care activities associated with the surface disposal unit as well as the surface
disposal itself unit shall not result in a discharge of wastes to the surface waters; shall be pursuant to the
permit renewal application package received on June 2, 2003 as well as the additional information
received on .lune 19, 2003; and shall be in conformity with the project plans, 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 August 31, 2008; shall void Permit
No. WQ0003698, issued on January 10, 2001; and shall be subject to the following specified conditions
and limitations:

1. PERFORMANCE STANDARDS
Within 30 calendar days of this permit's issuance, the Permittee shall submit copies of all
quarterly compliance schedule reports that were required to be submitted to the Division of
Water Quality (Division) during the surface disposal phase-out period specified in the last
issuance of this permit (i.e., January 10, 2001 through December 1, 2002). The Permittee
shall mail one copy of the Quarterly reports each to the NCDENR-DWQ, Water Quality
Section, Non -Discharge Permitting Unit, c/o NDPU Residuals Program Coordinator, 1617
Mail Service Center, Raleigh, NC 27699-1617 and the NCDENR-DWQ, Asheville Regional
Office -Water Quality Section, 59 Woodfin Place, Asheville, NC 28801.
2. Within 180 calendar days of this permit's issuance, the Permittee shall submit copies of a
surveyed site map that contains the following minimum items (i.e., if applicable):
a. All existing topography* within the surface disposal unit site.
b. All property lines and limits of fencing.
c. All structures` within 500 feet of the surface disposal unit site.
d. All drainageways and surface waters* within 500 feet of the surface disposal unit site.
e. All wells*, including groundwater monitoring wells, within 500 feet of the surface
disposal unit site.
f. The location of all continuous methane gas monitoring stations`.
g. The limits of residuals placement by pit number*.
Note that it shall be acceptable to the Division if the map that was prepared by R.L. Greene
Surveying and Mapping in September 2001 is amended to contain any of the above -listed
items that were not included in it during its initial preparation (i.e., indicated by an asterisk in
the list above). The Permittee shall mail four copies of this map to the NCDENR-DWQ,
Water Quality Section, Non -Discharge Permitting Unit, c/o NDPU Residuals Program
Coordinator, 1617 Mail Service Center, Raleigh, NC 27699-1617.
3. Within 180 calendar days of this permit's issuance the Permittee shall submit a copy of an
amended deed for the property on which the surface disposal unit is located that has been
successfully filed with the McDowell County Registrar of Deeds. The deed shall be amended
such that adequate notice is provided to subsequent owners of the property that it was used
for the purpose of disposing of residuals in accordance with this permit and 40 CFR Part 503.
The Permittee shall mail one copy of the amended deed, along with proof that it has been
successfully filed with the McDowell County Registrar of Deeds, to the NCDENR-DWQ,
Water Quality Section, Non -Discharge Permitting Unit, c/o NDPU Residuals Program
Coordinator, 1617 Mail Service Center, Raleigh, NC 27699-1617.
4. The surface disposal unit shall be effectively maintained and operated as a non -discharge
system to prevent the discharge of any wastes resulting from the operation of the unit.
5. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to
surface waters or groundwater resulting from the operation of the surface disposal unit.
2

6. In the event that the surface disposal unit is not operated satisfactorily, including the creation
of nuisance conditions, the Permittee shall contact the Water Quality Section of the
Division's Asheville Regional Office, and take any immediate corrective actions as may be
required by the Division.
7. No residuals shall be approved for disposal in the surface disposal unit.
8. The Permittee shall follow a post -closure care plan for the surface disposal unit that has been
prepared in accordance with the document entitled "Process Design Manual: Surface
Disposal of Sewage Sludge and Domestic Septage (EPA/625/R-95/002)," published by the
United States Environmental Protection Agency's Office of Research and Development until
expiration of this permit. The Division shall determine whether or not continued adherence
to this plan shall be required with the review of an application to extend this permit (i.e., see
Condition VI. 7.).
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The surface disposal unit shall be properly maintained and operated at all times.
2. A copy of this permit as well as the post -closure care plan shall be maintained on site during
the life of this permit.
3. Adequate provisions shall be taken to prevent wind erosion from conveying pollutants or
residuals from the surface disposal unit onto the adjacent property or into any surface waters.
4. Adequate provisions shall be taken to prevent any surface runoff from occurring from the
surface disposal unit. If runoff can -not 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.
5. A protective vegetative cover shall be established and maintained on the surface disposal
unit, berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the final cover system of the unit.
All areas within the boundary of the unit shall be kept mowed or otherwise controlled and
accessible.
b. Appropriate measures shall be taken to control public access to the surface disposal unit
during active use and for the 36 -month period following closure of the surface disposal unit.
Such controls may include fencing and the posting of signs indicating the activities being
conducted at the unit.
IDL MONITORING AND REPORTING REQUIREMENTS
Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division to insure protection of the environment shall be
established and an acceptable sampling and reporting schedule shall be followed.
3

2. The air in all structures located within the surface disposal unit site as well as the air at the
property line shall be continuously monitored for the presence of methane gas. The following
criteria shall be met:
a. In structures, the concentration of methane gas in the air shall not exceed 25 percent of
the lower explosive limit (LEL).
b. At the property line, the concentration of methane gas in the air shall not exceed the LEL
for methane gas.
1 Three copies of all required monitoring and reporting requirements as specified in Condition
III. 1. and Condition 111, 2. shall be submitted annually on or before March 1st of the year
following the monitoring event to the following address:
NCDENR-DWQ
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
4. Noncompliance Notification.:
The Permittee shall report by telephone to the Water Quality Section of the Division's
Asheville Regional Office, telephone number [phone], 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 surface disposal activities that results in the disposal of significant
amounts of wastes that are abnormal in quantity or characteristic.
b. Any failure of the surface disposal activities resulting in a release of material to receiving
waters.
c. Any time that self-monitoring information indicates that the surface disposal unit has
gone out of compliance with the conditions and Iimitations 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 surface
disposal unit incapable of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals to the
surface disposal unit.
Persons reporting such occurrences by telephone shall also file a written report in letterform
within five 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

IV. GROUNDWATER RE QUIREMENTS
1. Sampling Requirements:
a. Groundwater monitoring wells MW -1, MW -2, MW -3, and MW4 shall be sampled every
May and November for the parameters listed below:
Arsenic
Lead
Total Coliform
Cadmium
Nitrate -Nitrogen
Total Dissolved Solids
Chlorides
pH
Total Organic Carbon
Chronaiulxf
Phenol
Volatile Organic Compounds
(in November onl }
Copper
Sulfate
Water Level
Kron
Total Ammonia Nitrogen
Zinc
Water levels in the groundwater monitoring wells shall be measured prior to sampling the
groundwater for the remaining parameters. The depth to water in each well shall be
measured from the surveyed point on the top of the casing, which shall be surveyed
relative to a common datum.
b. Volatile organic compounds (VOCs) shall be analyzed using one of the following
methods:
i. Standard Method 6230D (PQL at 0.5 gg/L or less),
ii. Standard Method 6210 (PQL at 0.5 gg/L or less),
iii. EPA Method 8021 (Low Concentration, PQL at 0.5 gg/L or less),
iv. EPA Method 8260 (Low Concentration, PQL at 0.5 gg/L or less), or
v. Another method with prior approval by the Groundwater Section Chief.
Any of the referenced methods used for VOCs shall, at a minimum, include all of the
constituents listed in Table VIII of Standard Methods 6230D. The method used shall
provided a PQL at 0.5 µg/L or less, which shall be supported by laboratory proficiency
studies as required by the Division's Laboratory Certification Unit. Any constituents
detected above the MDL, but below the PQL at 0.5 gg/L, shall be qualified (i.e.,
estimated) and reported.
c. If total organic carbon (TOC) concentrations greater than 10 milligrams per liter are detected in
any downgradient groundwater monitoring well, additional sampling and analysis shall be
conducted to identify the individual constituents comprising this TOC concentration. If the
TOC concentration as measured in the background well exceeds 10 milligrams per liter, this
concentration shall be taken to represent the naturally -occurring TOC concentration. Any
exceedances of this naturally -occurring TOC concentration in downgradient wells shall be
subject to the additional sampling and analysis as described in this permit.
d. Any laboratory selected to analyze parameters shall be Division -certified for those
parameters required.
2. Reporting Documentation Requirements:
a, The results of the sampling and analysis shall be received on the most -recent version of
"Groundwater Quality Monitoring: Compliance Report Form" (i.e., GW -59 Form) with
copies of the laboratory analyses attached by the Division's Groundwater Section on or
before the last working day of the month following the sampling month.

b. All reports shall be mailed to the following address:
NCDENR-DWQ
Groundwater Section
Permits and Compliance Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
Updated blank reporting forms may be downloaded from the web site for the Division's
Groundwater Section at http://gw.ehnr.state,.nc.us/ or requested from the address listed
above.
3. Applicable Boundaries:
a. The COMPLIANCE BOUNDARY for the surface disposal unit is specified by
regulations in 15A NCAC 2L (i.e., Groundwater Classifications and Standards). The
Compliance Boundary for surface disposal units individually permitted prior to
December 31, 1983, shall be is established at either (1) 500 feet from the surface
disposal unit or (2) the property boundary, whichever is closest to the surface disposal
unit. An exceedanee of Groundwater Quality Standards at or beyond the Compliance
Boundary is subject to immediate remediation action according to 15A NCAC 2L .0106
(d)(2).
b. The REVIEW BOUNDARY shall be established around the surface disposal unit
midway between the Compliance Boundary and the perimeter of the surface disposal
unit. Any exceedance of Groundwater Quality Standards at the Review Boundary shall
require action in accordance with 15A NCAC 2L.0106 (d)(1).
4. Other Requirements:
a. Any additional groundwater quality monitoring, as deemed necessary by the Division,
shall be provided.
V. INSPECTIONS
The Permittee or his designee shall inspect the surface disposal unit 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 unit at any reasonable time for the purpose of determining compliance
with this permit; inspect or copy any records that must be kept under the terms and conditions
of this permit; and obtain samples of groundwater, surface water, or leachate.
6

VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the surface disposal unit 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 shall be effective only with respect to the nature and volume of wastes described
in the application and other supporting data.
3. This permit shall not be automatically transferable. In the event that there is a desire for the
surface disposal unit to change ownership or a name change of the Permittee, a formal permit
request shall be submitted to the Division accompanied by documentation from the parties
involved and other supporting materials as may be appropriate. The approval of this request
shall 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 Statutes § 143-215.6A through § 143-215.6C.
The annual administering and compliance fee shall be paid by the Permittee within 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 (i.e., local, state, and federal) which have jurisdiction, including, but not limited to,
applicable river buffer rules in 15A NCAC 2B .0200, erosion and sedimentation control
requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCG010000,
and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC 2H
.0500.
7. The Permittee, at least six months prior to the expiration of this permit, shall request its
extension. Upon receipt of the request, the Division shall review the adequacy of the surface
disposal unit described therein and, if warranted, shall 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/or reissued to incorporate any conditions,
limitations, and monitoring requirements the Division deems necessary in order to protect the
environment and public health adequately.
VA

Permit issued this the twenty-sixth day of September, 2003.
NORTH CA LINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0003698

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SITE SURVEY MAP