HomeMy WebLinkAboutWQ0005458_Final Permit_20020509Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
..M
May 9, 2002
Mr. Michael R. McAtee, Site Manager
BASF Corporation
101 Vitamin Dr.
Wilmington, NC 28401
Subject: Permit No. WQO005458
BASF Corporation
Wilmington Site Residuals Land Application Program (D)
Land Application of Residual Solids (503)
New Hanover County
Dear Mr. McAtee:
In accordance with your permit renewal application package received on December 31, 2001 as
well as the additional information received on April 2, 2002; we are forwarding herewith a renewed Permit
No. WQ0O05458 dated May 9, 2002, to BASF Corporation for the subject residuals land application
program.
This permit shall be effective from the date of issuance until April 30, 2007; shall void Permit No.
WQ0005458 issued on June 11, 2001; and shall be subject to the conditions and limitations as specified
therein. Make note of this permit's expiration date and the fact that a permit renewal application is due to
the Division of Water Quality (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.
This permit approves the continued operation of the residuals land application program for another
five-year cycle. As always, remember to take the time to review this pennit thoroughly, as some of the
conditions contained therein may have been added, changed, or deleted since the last issuance. 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 note Attachment A footnotes with regard to addressing the possibility of high Nickel
concentrations in the residuals until a synthesis of Vitamin C process is shutdown. In a response to
questions about previous high concentrations, the Permittee made note that they did not believe grab
samples of the residuals to be accurate representation of the residuals. The Division strongly concurs. All
samples should be conducted so that they are representative of the material being sampled. Please note
Condition III. 3 that indicates a representative sample of the residuals shall be conducted. The Permittee
shall be responsible for assuring that sampling is conducted so that it is representative of the material.
Non -Discharge Permitting Unit
1617 Mail Service Center, Raleigh, NO 27699.1617
DENR Customer Service Center
An Equal Opportunity Action Employer
Internet http:/m2o.enr..state.nc us/ndpu
Telephone (919) 733-5083 Fax (919) 715-6048
Telephone 1 800 623-7748
50% recyoled/10% post -consumer paper
If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing.11pon written request within 30 following receipt of this permit.
This request shall be in the from of a written petition, conforming to Chalker 150B of the North Carolina
General Statutes and filed with the Office of Administrative Hearings at 6714 Mail Service Center,
Raleigh, North Carolina 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 Sue Homewood by
telephone at 919-733-5083, extension 502 or via e-mail at sue.hornewood@ncmail.net.
cc: New Hanover County Health Department
Pender County Health Department
Wilmington Regional Office -Water Quality Section
Wilmington Regional Office -Groundwater Section
Central Office -Groundwater Section
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
Water Quality Central Files
NDPU Files
S' ely,
forGregory f. Thorpe, Ph.D.
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
LAND APPLICATION 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
BASF Corporation
New Hanover County
FOR THE
continued operation of a residuals land application program for BASF Corporation and consisting of the
land application of residuals generated by the residuals source -generating facilities listed in the most
recently -certified Attachment A to the land application sites listed in the most recently -certified
Attachment B with no discharge of wastes to surface waters, pursuant to the permit renewal application
package received on December 31, 2001 as well as the additional information received on April 2, 2002,
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 April 30, 2007; shall void Permit No.
WQ0005458 issued on June 11, 2001; and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
The residuals land application program 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. This permit shall become voidable if the soils of the land application sites fail to assimilate the
residuals adequately and may be rescinded unless the land application sites are maintained and
operated in a manner that will protect the assigned water quality standards of the surface
waters and groundwater.
3. The issuance of this permit shall not relieve the Perrnittee of the responsibility for damages to
surface waters or groundwater resulting from the operation of this residuals land application
program.
4. In the event that the residuals land application program is not operated satisfactorily, including
the creation of nuisance conditions, the Permittee shall cease land applying residuals to the
site, contact the Water Quality Section of the appropriate Division of Water Quality's
(Division) regional office, and take any immediate corrective actions as may be required by
the Division.
5. No residuals other than those generated by the residuals source -generating facilities listed in
the most recently -certified Attachment A of this permit shall be approved for land application
in accordance with this permit.
6. The pollutant concentrations in any residuals that are land applied to any land application site
shall not exceed the following Ceiling Concentrations (i.e., dry weight basis):
Parameter
Ceiling Concentration
(milli rams per kilo ram)
Arsenic
75
Cadmium
85
Copper
4,300
Lead
840
Mercury
57
Molybdenum
75
Nickel
420
Selenium
100
Zinc
7,500
Until permanent shutdown of the process for the synthesis of Vitamin C, which contains a
catalyst possibly causing high Nickel concentrations in the residual solids, Nickel
concentrations shall be carefully monitored and reviewed prior to land application. Should
any of the sampling as required in Condition III. 4 indicate a Nickel concentration greater than
the ceiling concentration listed above; the residual solids shall not be land applied, and the
Permittee shall notify the Division of Water Quality, Wilmington Regional Office, 910-395-
3900, of the sampling results.
7. When residuals are land applied under the conditions of this permit, the CIass A pathogen
requirements and site restrictions in 40 CFR Part 503.32(a) or the Class B pathogen
requirements and site restrictions in 40 CFR Part 503.32(b), and one of vector attraction
reduction requirements in 40 CFR Part 503.33 shall be met. Additionally, an evaluation shall
be performed that demonstrates the residuals' ability to comply with this requirement. Upon
request, a copy of this evaluation, including all test results and calculations, shall be submitted.
Only residuals that are generated by the residuals source -generating facilities that are
identified as being exempt from this condition in the most recently -certified Attachment A
shall not be required to comply with the specified pathogen reduction and vector attraction
reduction requirements.
8. Only the land application sites listed in the most recently -certified Attachment B of this permit
are approved for residuals land application.
9. This pen -nit shall become voidable unless the agreements between the Permittee and land
owners or lessees or operators of any land application sites listed in the most recently -certified
Attachment B of this permit not owned by the Permittee are in full force and effect. These
agreements shall be consider6d expired concurrent with the expiration date of the permit and
shall be renewed at the same time the permit is renewed.
10. The appropriate local governmental official (i.e., county manager, city manager, etc.) shall be
notified at least 24 hours prior to the initial residuals land application event to any new land
application site. In addition, the appropriate county manager's office -shall be notified prior to
the initial residuals land application event on any new site so that they will be aware that
residuals land application activities have commenced on the site.
11. The Water Quality Section of the appropriate Division's regional office shall be notified at
least 24 hours prior to the initial residuals land application event on any new land application
site. Such notification to the Regional Water Quality Supervisor shall be made during normal
office hours (i.e., from 8.00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding
State Holidays. A list of the Division's regional offices, their county coverage, and their
contact information may be downloaded from the web site at http:Hh2o.enr.state.nc.us/ndpu/.
11. OPERATION AND MAINTENANCE REQUIREMENTS
The facilities and land application sites shall be properly maintained and operated at all times.
Upon classification of the residuals land application program by the Water Pollution Control
System Operators Certification Commission (WPCSOCC), the Permittee shall designate a
certified land application/residuals operator to be in responsible charge (ORC) of the program.
The operator shall hold a certificate of the type classification assigned to the program by the
WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate
type to comply with the conditions of 15A NCAC 8G .0202.
3. No residuals shall be stored at any land application site at any time, unless written approval
has first been requested and obtained from the Division.
4. A copy of this perrnit shall be maintained in all manned equipment at the land application sites
when residuals are being land applied during the life of this permit. A spill prevention and
control plan shall be maintained in all residuals transport and application vehicles.
5. When land applying residuals to any land application site, the following buffer zones shall be
maintained at all times:
a. 400 feet from residences or places of public assembly under ownership for surface
application methods; however, the buffer zone requirement may be reduced to a minimum
of 100 feet upon written consent of the owner and approval from the Water Quality
Section of the appropriate Division's regional office in Attachment B of this permit;
b. 200 feet from residences or places of public assembly under separate ownership for
subsurface application methods; however, the buffer zone requirement may be reduced to
a minimum of 100 feet upon written consent of the owner and approval from the Water
Quality Section of the appropriate Division's regional office in Attachment B of this
permit;
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c. 100 feet from any public or private water supply source, waters classified as SA or SB,
and any Class I or Class II impounded reservoir used as a source of drinking water for
both methods;
d. 100 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal
waters -and any other lake or impoundment for surface application;
e. 50 feet from any streams classified as WS or B, any other stream, canal, marsh or coastal
waters and any other lake or impoundment for subsurface application;
f. 50 feet from property lines for both surface and subsurface application methods;
g. 50 feet from public right of ways for both surface and subsurface application methods;
h. 10 feet from upslope interceptor drains and surface water diversions for both surface and
subsurface application methods; and
i. 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage
systems, and surface drainage ditches for both surface and subsurface application
methods.
Some of the buffers specified above may not have been included in previous permits for this
residuals land application program. However, any land application sites that are listed in the
most recently -certified Attachment B of this permit, but were approved with different buffers
shall be reflagged to comply with these buffers.
Maximum slope for land application of residuals shall be 10 percent for surface application
methods and 18 percent for subsurface application methods.
Specific residuals land application area boundaries shall be clearly marked on each land
application site prior to and during a residuals land application event.
The metal loading rates on any land application site shall not exceed the following
Cumulative Pollutant Loading Rates (CPLRs):
Parameter
CPLR
(kilograms per hectare)
CPLR
founds per acre)
Arsenic
41
36
Cadmium
39
34
Copper
1,500
1,338
Lead
300
267
Mercury
17
15
Molybdenum
n/a
n/a
Nickel
420
374
Selenium
100
89
Zinc
2,800
2,498
9. An acceptable pH shall be maintained in the soil, residuals, and lime mixture, greater than 6.0,
on all land application sites onto which residuals are land applied to ensure optimum yield for
the crops specified in Condititna 11. 13. The agronomist shalt --provide information on the pH
best suited for the specified crop and the soil type.
10. Should any of the residuals generated by the residuals source -generating facilities listed in the
most recently -certified Attachment A of this permit contain a high salt content (i.e., high
sodium adsorption ratio (SAR) of five or higher), the exchangeable sodium percentage (ESP)
or other method as approved by the Division, using the results from the annual soils analysis
as required by this permit, shall be monitored on all of the land application sites. The local
Cooperative Extension Office, the Department of Agriculture and Consumer Services, the
Natural Resource Conservation Service, a North Carolina -licensed Soil Scientist, or other
agronomist shall review the results and make recommendations regarding soil amendments
(e.g., gypsum, etc.) or other ameliorative mechanism for maintaining the integrity of the site in
terms of suitability for land application of residuals and maintaining conditions conducive to
crop growth. The Permittee shall implement such recommendations accordingly and shall
maintain written records of each monitoring event that includes details of the sites covered
and rate of soil amendment application.
11. Prior to land applying residuals to any land application site that has previously received or is
intended to receive animal waste (e.g., poultry litter, etc.) or other source of nutrients (e.g.,
fertilizer, etc.) in the future, the Permittee shall obtain information pertaining to the volume
and analysis of the applied waste/nutrients from the landowner and/or lessee/operator of the
site. The Permittee shall be responsible for verifying the volume of residuals that may be land
applied to the site such that the plant available nitrogen (PAN) loading rate for the specified
crop (i.e., see Condition 11. 13.) shall not be exceeded by all of the sources of PAN applied.
Should the maximum PAN loading rate be met or exceeded, then no additional residuals shall
be land applied to the site.
_ 12. A suitable vegetative cover, as listed in Condition H. 13., shall be maintained on land
application sites onto which residuals are land applied in accordance with the crop
management plan outlined by the local Cooperative Extension Office, the Department of
Agriculture and Consumer Services, the Natural Resource Conservation Service, or other
agronomist and as approved by the Division.
13. Residuals and other sources of PAN shall be land applied to all land application sites at
agronomic rates in accordance with the crop management plan outlined by the local
Cooperative Extension Office, the North Carolina Department of Agriculture and Consumer
Services, the Natural Resource Conservation Service, or other agronomist. Under no
circumstances shall the following PAN loading rates land applied to any site exceed the
following for the specified crops:
PAN
PAN
Crop
(pounds per
Crop
(pounds per
acre per year)
acre per year)
Alfalfa
200
Forest
75
(Hardwood or Softwood)
Bermuda Grass
220
Milo
100
(Hay or Pasture)
Blue Grass
120
Small Grain
100
(Wheat, Barley, or Oats)
Corn
160
Sorghum or Sudex
180
(Grain)
(Pasture)
Corn
200
Sorghum or Sudex
220
(Silage)
(Silage)
Cotton
70
Soybeans
200
Fescue
2S0
Timothy, Orchard, or
200
Rye Grasses
The Permittee shall apply for and receive a modification of this permit before land applying
residuals on any land application site that is to be established in a crop other than those listed
above. A maximum PAN loading rate for the desired crop shall be approved with the permit
modification.
If the land application sites are to be overseeded (e.g., bermuda grass in the summer and rye
grass in the winter with BOTH crops to receive residuals), then the second crop shall receive
an application of PAN at a rate of no greater than 50 pounds per acre per year. This practice
shall be allowed as long as the second crop is to be harvested. If the second crop is to be
planted for erosion control only and is to be tilled into the soil, then no residuals shall be land
applied to these sites because the PAN will essentially be returned to the soil.
Residuals shall not be land applied at rates greater than agronomic rates, unless authorized by
the Division.
14. Animals shall not be grazed on any land application site for 30 days after any residuals land
application event. Sites that are to be used for grazing shall have fencing that will be used to
prevent access after each event.
15. Food crops, feed crops, and fiber crops that do not come in contact with the residuals shall not
be harvested for 30 days after any residuals land application event.
16. Food crops with harvested parts that touch the residual/soil mixture and are totally above the
land surface (e.g., tobacco, melons, cucumbers, squash., etc.) shall not be harvested for 14
months after any residuals land application event.
17. Food crops with harvested parts below the surface of the land (i.e., root crops such as
potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after any residuals land
application event when the residuals remain on the Iand surface for_ four months or longer
prior to incorporation into the soil.
18. Food crops with harvested parts below the surface of the land shall not be harvested for 38
months after any residuals land application event when the residuals remain on the land
surface for less than four months prior to incorporation into the soil. -
19. Turf shall not be harvested for one year after any residuals land application event.
20. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying
residuals from the land application sites onto adjacent properties or into any surface waters.
21. Adequate procedures shall be provided to prevent surface runoff from, carrying any land
applied or stored residuals into any surface waters.
22. Surface -applied residuals shall be plowed or disced within 24 hours after land application on
land application sites with no cover crop established.
23. For land application sites that are prone to flooding or within the 100-year flood elevation,
residuals shall be land applied only during periods of dry weather. The residuals shall be
incorporated into the soil within 24 hours after land application.
24. Residuals shall not be land applied during inclement weather or until 24 hours following a
rainfall event of 0.5-inch or greater in 24 hours. Any emergency residuals land application
measures shall first be approved in writing by the Division.
25. Residuals shall not be land applied to any land application site that is flooded, frozen, or
snow-covered.
26. Appropriate measures shall be taken to control public access to the land application sites
during active site use and for the 12-month period following the last residuals land application
event. Such controls may include the posting of signs indicating the activities being
conducted at each site.
III. MONITORING AND REPORTING RE IRREMENTS
1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division to ensure protection of the environment shall be
established, and an acceptable sampling and reporting schedule shall be followed.
2. Residuals generated by each residuals source -generating facility listed in the most -recently -
certified Attachment A of this permit shall be analyzed to demonstrate that they are non-
hazardous under the Resource Conservation and Recoverl�'Act (RCRA). A corrosivity,
ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure
(TCLP) analysis shall be conducted on residuals generated by each residuals source -
generating facility listed in the most recently -certified Attachment A of this permit. The
analyses shall be performed at the frequency specified in the most recently -certified
Attachment A of this permit, and the results shall be maintained on file by the Permittee for a
minimum of five years. If residuals generated by a particular residuals source -generating
facility are land applied at a frequency less than that which is specified in the most recently -
certified Attachment A of this permit, the analyses shall be required for each residuals land
application event. Only residuals that are generated by the residuals source -generating
facilities that are identified as being exempt from this condition in the most recently -certified
Attachment A of this permit shall not be required to comply with this monitoring requirement.
The TCLP analysis shall include the following parameters (i.e., note the regulatory level in
milligrams per liter in parentheses):
Arsenic (5.0)
1,4-Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
1, 1 -Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5.0)
Chlordane (0.03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide) (0.008)
Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5-Trichlorophenol (400.0)
m-Cresol (200.0)
Lead (5.0)
2,4,5-Trichlorophenol (2.0)
o-Cresol (200.0)
Lindane (0.4)
2,4,5-TP (Silvex) (1.0)
p-Cresol (200.0)
Mercury (0.2)
Vinyl chloride (0.2)
Cresol (200.0)
Methoxychlor (10.0)
2,4-D (10.0)
Methyl ethyl ketone (200.0)
After the residuals have been monitored as specified above
for two years at the frequency
specified in the most recently -certified Attachment A of this permit, the Permittee may submit
a request to the Division for a permit modification to request a reduction of this monitoring
requirement. In no case, however, shall the frequency of monitoring
be less than once per
permit cycle.
A representative analysis shall be conducted on residuals generated by each residuals source -
generating facility listed in the most recently -certified Attachment A of this permit. The
analysis shall be performed— at the frequency specified- 4n the most recently -certified
Attachment A of this permit, and the results shall be maintained on file by the Permittee for a
minimum of five years. If residuals generated by a particular residuals source -generating
facility are land applied at a frequency less than that which is specified in the most recently -
certified Attachment A of this permit, an analysis shall be required for each residuals land
application event. The analysis shall include, but shall not necessarily be limited to, the
following parameters:
Aluminum
Aninonia-Nitrogen
Arsenic
Cadmium
Calcium
Copper
Lead
Magnesium
Mercury
Molybdenum
Nickel
Nitrate -Nitrite Nitrogen
Percent Total Solids
pH
Phosphorus
Potassium
Selenium
Sodium
Total Kjeldahl Nitrogen
Zinc
Plant Available Nitrogen
(by calculation)
After the residuals generated by a particular residuals source -generating facility have been
monitored for two years at the frequency specified in the most recently -certified Attachment A
of this permit, the Permittee may submit a request to the Division for a permit modification to
reduce the frequency of this monitoring requirement. In no case, however, shall the frequency
of this monitoring be less than once per year when a residuals land application event of
residuals generated by the residuals source -generating facility occurs during that year.
4, Residuals generated by each residuals source -generating facility listed in the most recently -
certified Attachment A of this permit shall be monitored for compliance with Condition I. 9.
The monitoring shall be performed at the frequency specified in the most recently -certified
Attachment A of this permit, and data to verify pathogen and vector attraction reduction of the
residuals shall be maintained on file by the Permittee for a minimum of five years. The
required data shall be specific to the stabilization process utilized, but also shall be sufficient
to demonstrate clear compliance with the Class A pathogen reduction requirements in 40 CFR
Part 503.32(a) or the Class B pathogen reduction requirements and site restrictions in 40 CFR
Part 503.32(b) as well as one of vector attraction reduction requirements in 40 CFR Part
503.33. In addition, the Environmental Protection Agency (EPA) certification statements
concerning compliance with pathogen reduction requirements, vector attraction reduction
requirements, and management practices shall be completed quarterly by the proper authority
or authorities, if more than one is involved (i.e., either the person who prepares the residuals,
the person who derives the material, or the person who applies the residuals). Only residuals
that are generated by the residuals source -generating facilities that are identified as being
exempt from Condition 1. 7. in the most recently -certified Attachment A of this permit shall
not be required to comply with this monitoring requirement.
5. Laboratory analyses as required by Condition 111. 2., Condition III. 3., and Condition III. 4.
shall be performed/gathered on the residuals as they are to be land applied. Furthermore,
analytical determinations made pursuant to the monitoring arfd reporting requirements of this
permit shall be made by a laboratory certified by the Division for the required parameters)
under 15A NCAC 2H .0800 or 15A NCAC 2H .1100.
6. Proper records shall be maintained by the Permittee tracking all residuals land application
events. These records shall include, but are not necessarily limited to, the following
information:
a. Source of residuals;
b. Date of land application;
c. Location of land application (i.e., site, field, or zone number);
d. Method of land application;
e. Weather conditions (i.e., sunny, cloudy, raining, etc.);
f Soil conditions (i.e., dry, wet, frozen, etc.);
g. Type of crop or crops to be grown on field;
h. Volume of residuals land applied in gallons per acre, dry tons per acre, or kilograms per
hectare;
i. Volume of animal waste or other nutrient source applied in gallons per acre, dry ton per
acre, or kilograms per hectare (if applicable);
j. Volume of soil amendments (i.e., lime, gypsum, etc.) applied in gallons per acre, dry ton
per acre, or kilograms per hectare (if applicable); and
i. Annual and cumulative totals of dry tons per acre of residuals as well as animal waste and
other source of nutrients residuals (i_e., if applicable), annual and cumulative pounds per
acre of each heavy metal (i.e., shall include, but shall not be limited to, arsenic, copper,
lead, mercury, molybdenum, nickel, selenium, and zinc), annual pounds per acre of PAN,
and annual pounds per acre of phosphorus applied to each field.
7. A representative annual soils analysis (i.e., Standard Soil Fertility Analysis) shall be
conducted on each land application site on which a residuals land application event in the
respective calendar year has occurred or is to occur, and the results shall be maintained on file
by the Permittee for a minimum of five years... The Standard Soil Fertility Analysis shall
include, but is not necessarily limited to, the following parameters:
Acidity Exchangeable Sodium Percentage (by calculation)
Calcium Magnesium Phosphorus
Cation Exchange Capacity Manganese Potassium
Copper Percent Humic Matter Sodium
Base Saturation (by calculation) pH - Zinc
Three copies of all required monitoring and reporting requirements as specified in Condition
III. 1., Condition III. 2., Condition III. 3., Condition III. 4., Condition III, 5., Condition III, 6.,
Condition III, 7., and Condition III. 8. shall be submitted annually on or before March 1st of
the year following the residuals land application event to the following address:
NCDENR-DWQ
Water Quality Section
Non -Discharge Compliance/Enforcement Unit_
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
9. Noncompliance Notification:
The Permittee shall report by telephone to the Water Quality Section of the Division's
Wilmington Regional Office at 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 residuals land application program that results in the land
application of significant amounts of residuals that are abnormal in quantity or
characteristic.
b. Any failure of the residuals land application program resulting in a release of material to
receiving waters.
c. Any time that self -monitoring information indicates that the residuals land application
program has gone out of compliance with the conditions and limitations of this permit or
the parameters on which the program system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the residuals land
application program incapable of adequate residuals treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals to the
application site.
M Persons reporting such occurrences by telephone shall also file a written report in letter form
within five days following first knowledge of the occurrence. This report shall outline the
actions taken or proposed to be taken to ensure that the problem does not recur:
IV. GROUNDWATER REQUIREMENTS
1. Land Application Site Re uirements:
a. Each land application site identified with a GW-A in the most recently -certified
Attachment B of this permit is dominated by soils with a mean seasonal high water table
greater than three feet below the land surface. Residuals land application events may
occur on these sites throughout the year.
b. Each land application site identified with a GW-B in the most recently -certified
Attachment B of this permit is dominated by soils with a mean seasonal high water table
between one and three feet below, the land surface. ResLdual land application events on
these sites shall be prohibited from December through March, inclusive. No residuals
shall be land applied to these sites when the vertical separation between the depth of
residuals land application and the water table is less than three feet. The actual water
table depth for seasonally -restricted soils shall be verified by soil borings within 24 hours
prior to any residuals land application event that occurs from April through November,
inclusive. The number of borings advanced shall be sufficient to characterize water table
conditions across the land application site adequately. Any open borings shall be properly
filled with native soil, prior to the residuals land application event, to decrease the chance
of any residuals contaminating the groundwater.
2. Sampling Criteria:
a. Nomenclature for monitoring wells shall be referenced as follows:
Current Number New Number
MW-1SF
MWA
MW-3BSF
MW-5
MW-4SF
MW-4
MW-5SF
MW-8
MW-5SF
MW-6
MW-7SF
MW-7
b. Monitor wells MW-1, MW-4, MW-5, MW-6, MW-7, and MW-8, shall be sampled every
March, July, and November for the parameters listed below. Prior to sampling the
parameters the measurement of water levels must be taken. 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 relative to a common datum.
Nitrate (NO3-N) pH
Chloride Total Dissolved Solids (TDS)
Total Ammonia Nitrogen (NH3-N) Total Organic Carbon (TOC)
Water Level Sodium
Zinc Chromium
Total Phosphorous
Methanol - sampled in November only
Acetone- sampled in November only
Isoprophyl Alcohol- sampled in November only
Volatile Organic Compounds - In November only using one of the following:
(A) Standard Method 6230D, PQL at 0.5 ug/L or less
(B) Standard Method 6210D, PQL at 0.5 ug/L or less
(C) EPA Method 8021, Low Concentration, PQL at 0.5 ug/L or less
(D) EPA Method 8260, Low Concentration, PQL at 0.5 ug/L or less
(E) Another method with prior approval by the Groundwater Section Chief
Any of the referenced methods used for VOCs must at a minimum include all the
constituents listed in Table VIII of Standard Method 6230D. Any method used must
provided a PQL at 0.5 ug/L or less which must be supported by laboratory proficiency
studies as required by the DWQ Laboratory Certification &nit. Any constituents detected
above the MDL but below the PQL at 0.5 ug/L must be qualified (estimated) and reported.
c. 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 individual
constituents 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 TOC concentration in the downgradient wells shall be subject to the additional
sampling and analysis as described above.
d. Any laboratory selected to analyze parameters must be Division of Water Quality (DWQ)
certified for those parameters required.
Applicable Boundary Requirements:
a. All reports and documenation (GW-59) shall be mailed to the following address:
Groundwater Section
Permits and Compliance Unit
1636 Mail Service Center
Raleigh, NC 27699-1636
Updated blank forms (GW-59) may be downloaded from the Groundwater Section's
website at http://gw.ehnr.state.nc.us/ or requested from the address mentioned above.
b. The results of the sampling and analysis must be received on Form GW-59 (Groundwater
Quality Monitoring: Compliance Report Form) by the Groundwater Section (address
listed above), on or before the last working day of the month following the sampling
month. The data of all groundwater sampling analyses required by the permit conditions
must be reported using the most recent GW-59 form along with attached copies of the
laboratory analyses.
4. Applicable Boundary Re uirements:
c. The COMPLIANCE BOUNDARY for residuals land application programs is specified by
regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The
Compliance Boundary for each land application site is established at either 250 feet from
the residuals land application area or 50 feet within the property boundary, whichever is
closest to the residuals Iand application area. An exceedance of Groundwater Quality
Standards at or beyond the Compliance Boundary is subject to immediate retnediation
action according to 15A NCAC 2L .0106 (d)(2).
d. The REVIEW BOUNDARY shall be established around each land application site
midway between the Compliance Boundary and the perimeter of the residuals land
application area. Any exceedance of Groundwater Quality Standards at the Review
Boundary shall require action in accordance with I5A NCAC 2L .0106 (d)(2).
Additional Requirements:
a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
V. INSPECTIONS
1. Prior to each residuals land application event, the Permittee or his designee shall inspect the
residuals storage, transpork,� and application facilities -o prevent malfunctions and
deterioration, operator errors, and discharges that may cause or Iead 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 land application sites or facilities 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
1. This permit shall become voidable unless the residuals land application events are carried out
in accordance with the conditions of this permit, the supporting materials, and in the manner
approved by the Division.
2. This permit shall be effective only with respect to the nature and volume of residuals described
in the application and other supporting data.
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.
4. 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).
The issuance of this permit does not preclude the Permittee from complying with any and all
statutes, rules, regulations, or ordinances that 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, soil 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 .0500.
6. This permit may be modified, 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.
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 facilities
and residuals land application -program 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 shall not be automatically transferable. In the event that there is a desire for the
residuals land application program to change ownership or to change the name of the
Perrnittee, a formal permit request shall be submitted to the Division 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.
Permit issued this the 91' day of May 2002.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Ggory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0005458
ATTACHMENT A - A r roved Residual SourcLGenerating Facilities
Permit No. WQ0005458
BASF Corporation
Wilnringlon Site Residuals Laud Application Program (A)
Owner
Facility Name
County
Permit Number
Issued By
Is 503?
Maximum
Monitoring
Monitoring
Approved
Dry Tons
Frequency for
Frequency for
Mineralization
Per Year
Condition III, 2.
Condition I11.3- and
Rate
Condition 111. 5.
BASF Corporation
BASF Corporation/ Wilnil:glop
Now I lanover
NCO059234
DWQ
503
204.
Annually
Annually'
.35
Total
204.00
' 77us residuals source sliall be sampled monthly for Nickel cancealnlions in accordance with Condition 111.4.
The Permittee shall notify in writing the Division of Water Quality, Compliance and Enforcement Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617 and the Division of Water Quality, Wilmington Regional Office,
127 Cardinal Drive Extension, Wilmington, NC 28405-3845, when the process for the synthesis of Vitamin C is permanently shutdown at this facility.
Until such time as the process for (lie synthesis of Vitamin C is permanently discontinued, an additional representative analysis shall be conducted on residuals generated at BASF Corporation
The analysis stall be perfonmcd monthly for Nickel concentrations only. The results shall be maintained on file by the Permittee for a minimum of five years.
Permit No. WQ000545a Page l of I Certification Date: May 9, 2002
ATTACHMENT B -Approved Land Application Sites
Permit No. WQ0005458
BASF Corporation
Wilmington Site Residuals Land Application Program (D)
Site/Field ID
Landowner
Lessee/Operator
County
Latitude
Longitude
Net Acreage
Applicable
Restriction in
Condition IV. 1.
BASF Corporation
New Hanover
6.75
GW-A
2 1
BASF Corporation
New Hanover
18,06
GW-A
Total For County
New Hanover
24.81
Total
24.81
Permit No, WQ0005458 Page I of I Certification Date: May 9, 2002
BASF CQRPORATIO`: -- w'�Liiiiv Cr Y viv Si T i{:
NEW HANOVER COUNTY
WQ0005458
LEGEND
oa APPROX. MONITORING WELL LOCATION
0 APPROX. RECOVERY WELL LOCATION
—4
W-4SF)
'RASA
— WELL PLOT PLAN
tb
8 APPROX. DRINXING ylELL LOCATION
A MONITOR WELLS
TO BE SAMPLED