WQ0005623_Final Permit_19911106

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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27626-0535
James G. Martin, Governor
William W. Cobey, Jr„ Secretary
Mr. Felton G. Thompson &
Mr. Raymond E. Earp, Jr.
Rt. 1, Box 280-D
Zebulon, North Carolina 27597
Dear Mr. Thompson and Mr. Earp:
George T. Everett, Ph.D.
Director
November 6, 1991
Subject: Permit No. WQ0005623
Mr. Felton G. Thompson &
Mr. Raymond E. Earp, Jr.
Earp Property, 50 Acre Site
Remediation of Contaminated Soils
Johnston County
In accordance with your application received September 17, 1991, we are forwarding
herewith Permit No. WQ0005623, dated November 6,199 1, to Mr. Felton G. Thompson and Mr.
Raymond E. Earp, Jr. for the operation of the subject contaminated soil remediation program.
This permit shall be effective from the date of issuance until October 31, 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.
If you need additional information con
Seymour at 9191733-5083.
M. Johnston County Health Departmen
Raleigh Regional Office
Groundwater Section
Training and Certification
Facilities Assessment Unit
ing this matter, please contact Mr. John
Y�
7e T. E
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

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
Mr. Felton G. Thompson and Mr. Raymond E. Earp, Jr.
Johnston County
FOR THE
operation of a contaminated soils remediation system consisting of treatment and disposal of
pretested petroleum contaminated soils from various acceptable sources to a 50 acre disposal area
located at N.C. Highway 42, approximately 0.5 miles east of N.C. Highway 96, with no
discharge of wastes to the surface waters, pursuant to the application received September 17,
1991 and in conformity with the project plan, specifications, and other supporting data
subsequently filed and approved by the Department of Environment, Health and Natural
Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until October 31, 1996, and shall be
subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
The Raleigh Regional Office, phone no. 919/ 733-2314, shall be notified within
twenty-four (24) hours, or during the next work day 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.
3. 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.

5. 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 which is approved by the Division of
Environmental Management shall be placed on the land disposal site.
11. OPERATION AND MAINTENANCE 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.
3. Adequate measures shall be taken to prevent surface runoff from carrying any
disposed material into any surface waters.
4. The cubic yards of contaminated soil shall be spread to a thickness not to exceed
three (3) inches on land, within the buffers, at the disposal site.
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 contaminated soil and lime shall be thoroughly incorporated
into the top six to eight inches of the native soils by tilling or disking. Application
of lime and initial incorporation of contaminated material shall be within 5 working
days of disposal.
7. 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.
8. 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.
9. 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.
N,

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 P205 (or equivalent).
10. 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 Raleigh, Regional Office telephone
no. 9191733-2314, as soon as possible, but in no case more than 24 hours or on
the next working day following the occurrence or first knowledge of the occurrence
of any of the following;
a. Any occurrence with the land application program which results in the 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 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 render the
facility incapable of adequate sludge treatment.
e. 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. There shall be no land application of soils contaminated by a petroleum fuel source
originating from a surface spill, or by a petroleum fuel source not regulated under
the Federal Underground Storage Tank Rules (40 CFR Part 280), unless both of
the following stipulations have been met:
a. The contaminated soils have been tested in accordance with the toxicity
Characteristic Revision Rules as specified in March 29, 1990 Federal
Register (p. 11789 - 11977, and;
3

b. For any soil in which one or more constituents exceed the regulatory level
specified in (a), a written clearance is required form this Departments
Division of Solid Waste Management that the contaminated soil is not
subject to regulation by programs administered under their authority.
4. For each source of contaminated soil, the following information must be submitted
to the Raleigh Regional Office;
a. Source of contamination (facility, address, county, etc.),
b. CIass 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 contaminated 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,
e. Remaining capacity of dedicated site (in cubic yards),
f. The results of the Toxicity Characteristic Leaching Procedure Test (as specified
in the March 29, 1990 Federal register For Toxicity Characteristics Revisions,
p.11798 - 11877) if required by paragraph 3 of this section, and
g. A general waste manifest signed by each party having control over the
contaminated soil, from point of origin to disposal location.
No contaminated soils shall be land applied prior to receiving written authorization
from the Raleigh Regional Office.
IV. GROUNDWATER REQUIREMENTS
1. Prior to beginning waste disposal operations, four (4) monitor wells, one (1)
upgradient and three (3) downgradient, must be installed to monitor groundwater
quality. The wells shall be constructed such that the water level in the well is never
above or below the screened (open) portion of the well at any time during the year.
The location and construction details for these wells must be approved by the
Raleigh Regional Office, from which a well construction permit must be obtained.
All four (4) monitor wells shall be installed on the facility review boundary.
2. The monitor wells must be sampled initially after construction (and prior to waste
disposal operations) and thereafter every February, June, and October for the
following parameters:
TDS TOC
pH ( 6.5-8.5 standard units) TSS
Water Level
Volatile Organic Compounds - (by EPA Methods 601, 602, 610, 239.2)
The measurement of water level must be made prior to sampling for the remaining
parameters.
F

The measuring points (top of well casing) of all monitoring wells shall be
surveyed to provide relative elevations of the measuring point for each of the
monitoring wells. The depth of water in each well shall be measured from the
surveyed point on the top of the casing.
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/1, 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.
If any volatile organic compounds are detected by method 6230D, or the equivalent
method 502.2, then EPA methods 604 and 611 must also be run to detect other
organic compounds which may be present. The results of all analysis specified in
the monitoring requirements, including 604 and 611 if required, must be submitted
simultaneously
The results of the sampling and analysis shall be sent to the N.C. Division of
Environmental Management on Form GW -59 (Compliance Monitoring Report
Form) every March, July, and November.
3. The Compliance Boundary delineated on the attached site plan for the disposal
system is specified by regulations in 15 NCAC 2L, Classifications and Water
Quality Standards applicable to the groundwater of North Carolina. An exceedance
of Groundwater Quality Standards beyond the Compliance Boundary is subject to
penalty provisions applicable under General Statute 143-215.6A. The sale of
property, by the Permittee, which is within or contiguous to the disposal system
site may alter the location of the Compliance Boundary.
For facilities permitted on or after December 30, 1983, the Compliance Boundary is
established at the lesser of 250 feet from the perimeter of the disposal area, or 50
feet within the property boundary.
If the title to any property which may affect the location of the Compliance
Boundary is changed, the permittee shall notify the Division Director within 14
days. The Director shall then establish a modified Compliance Boundary which
will be done as a modification to the Permit.
The REVIEW BOUNDARY delineated on the attached site map for the disposal
system is specified by regulations in 15 NCAC 2L, Groundwater Classifications
and Standards. A REVIEW BOUNDARY is established around disposal systems
midway between the Compliance Boundary and the perimeter of the waste disposal
area. When the concentration of any substance equals or exceeds the maximum
allowable concentration of that substance at the REVIEW BOUNDARY, as
determined by monitoring, the permittee shall either (i) demonstrate, through
predictive calculations or modeling, that natural site conditions, facility design and
operational controls will prevent a violation of standards at the Compliance
Boundary; or, (ii) submit a plan for the alteration of existing site conditions, facility
design or operational controls that will prevent a violation of standards at the
Compliance Boundary, and implement that plan upon its approval by the Director.
4. The dcpressional area in the vicinity of soil boring No. 2 shall not be used for
disposal due to saturated conditions observed just beneath the surface.
5. No land application of waste activities shall be undertaken when the seasonal high
water table is less than three feet below land surface.
5

b. Any groundwater quality monitoring as deemed necessary by the Division of
Environmental Management shall be provided.
7. Separate land application areas shall be maintained for each disposal event,
separated by a 10 foot buffer zone. A map shall be constructed and maintained with
a delineation of each application area and the name of the owner of the soil. Each
updated version of the map shall be submitted to the Raleigh Regional Office
Groundwater Section.
8.
A temporary cover crop shall be established on each landspread area after the
second month tilling and after every subsequent tilling.
9.
The buffer zone from State Highway 42 shall be set at a minimum of 75 feet.
10.
A site management plan must be developed and submitted to the Raleigh Regional
Office prior to initiation of disposal operations at the site.
11.
Soil samples will be collected, from a minimum of two (2) areas at each of the
disposal sites, 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 from each location will be thoroughly mixed and a representative portion
analyzed, (by methods specified in GUIDELINES FOR REMEDIATION OF SOIL
CONTAMINATED BY PETROLEUM available from the Division of
?a 60 W
Environmental Management) to determine the concentration of: (i) Petroleum Fuel
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Hydrocarbons; and, (ii) any Volatile Organic Aromatic (VOA) compounds present.
3550
THE SAMPLES TAKEN AT DIFFERENT LOCATIONS SHALL NOT BE
MIXED TOGETHER TO GENERATE A SITE - WIDE COMPOSITE SAMPLE.
A copy of the laboratory results of the soil analysis will be submitted to the Raleigh
Regional Office, to the attention of the Regional Hydrogeological Supervisor,
within 30 days of sample collection.
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.
2

VI. GENERAL CONDITIONS
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.
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 143-215.6A to
143-215.6C.
7. The annual administering and compliance fee must be paid by the Permittee within
thirty (30) days after being billed by the Division. Failure to pay the fee
accordingly may cause the Division to initiate action to revoke this permit as
specified by 15 NCAC 2H.0205 (c)(4).
S. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
9. The Permittee, at least six months prior to the expiration of this permit, shall request
its extension. Upon receipt of the request, the Commission will review the
adequacy of the facilities described therein, and if warranted, will extend the permit
for such period of time and under such conditions and limitations as it may deem
appropriate.
Permit issued this the 6th day of November, 1991
Ge T&7, E,�
Division of E
By Authority
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