WQ0006699_Final Permit_19931129

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
November 29, 1993
Mr. Ronald N. Walton
Environmental Section Leader
Cape Industries
Post Office Box 327
Wilmington, North Carolina 28402-0327
Subject: Permit No. WQ0006699
Cape Industries
Wastewater Spray Irrigation
Wastewater Residuals (sludge) Landfill
New Hanover County
Dear Mr. Walton:
On March 26, 1993, the Division of Environmental Management issued Permit No. WQ0006699
to Cape Industries for the continued operation of the subject wastewater spray irrigation facilities and
wastewater residuals landfill. On May 3, 1993, the Attorney Generals Office received your letter, dated
April 29, 1993, which specified various conditions and requirements of Permit No. WQ0006699, to
which Cape Industries objected. The Division reviewed those objections and they are discussed below:
Objection A: Regarding the requirement for stabilization of domestic wastewater residuals specified
in condition 1.1, Cape Industries states that 40 CFR 503.6 exempts industrial
wastewater residuals from stabilization requirements.
Response A: The Division agrees that 40 CFR 503 does not apply to residuals that result from
industrial wastewaters, including residuals that are generated during the treatment of
industrial wastewater combined with domestic sewage; however, 15A NCAC 2H
.0205 (d) (1) (H) requires that a detailed explanation be provided which specifies
how the residuals will be stabilized. In addition, this regulation states that if the
residuals are generated from a system treating sewage, the explanation must show
that the stabilization process meets EPA's criteria for a Class B residual, as defined in
40 CFR 503 or the Process to Significantly Reduce Pathogens (PSRP), as defined in
40 CFR Part 257, Appendix H. Since the residuals covered. by -this permit are, in
part, generated from domestic wastewaters, Cape Industries may utilize 503 or 257,
as described above, to demonstrate compliance.
Objection B: Cape Industries states that the recent sale of some of its property to Fortron Industries
could tighten some of the boundaries specified in the permit.
Response B: The compliance and review boundaries have been modified accordingly and a revised
map is attached. '
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
Are Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

Mr. Ronald N. Walton
November 29, 1993
Page 2
Objection C:
Regarding condition I.7.c and 1.7.f, Cape Industries wishes to clarify that the
specified buffers apply only to potable water wells.
Response C:
Conditions I.7.c and 1.7.f have been modified to clarify that these buffers refer to
potable water wells.
Objection D:
Regarding condition 11.4, Cape Industries states that its irrigation field is located on a
sand hill with no impervious areas nearby and requests that condition 11.4 be
modified to delete the prohibition of irrigation during inclement weather.
Response D:
Condition HA has been modified by deleting the reference to inclement weather;
however, the condition still prohibits irrigation when the ground is in a condition that
will cause runoff.
Objection E:
Regarding condition 111.5, Cape Industries states that stabilization requirements do
not apply, as previously discussed in Objection A.
Response E:
We have explained in Response A how the stabilization requirements apply to Cape
Industries. Condition II1.5 has been modified, however, by including the option to
comply with 40 CFR 503 and by adding the phrase "if applicable" when referring to
the data to verify stabilization.
Objection F:
Regarding condition III.6, Cape Industries has requested that the Cation Exchange
Capacity (CEC) range be specified as 5-15 rather than 0-5 for calculations pertaining
to the existing spray field. Cape Industries states that tests conducted in the spray
field area indicate CEC values from 13 to 112.
Response F:
Existing condition III.6 has been deleted from the permit. While the Division has
concerns about the specified CEC range that Cape Industries states it found, the
Wilmington Regional Office will continue to work with Cape Industries to resolve
this issue.
Objection G. Condition IV-1 requires an assessment of all residuals storage and disposal facilities
regarding their compliance with 15A NCAC 2L groundwater standards. Cape
Industries is currently under a Special Order by Consent with the N. C. Superfund
Section to perform a site -wide groundwater evaluation and requests that it be allowed
to use this assessment rather than performing two separate studies.
Response G: The Division agrees and has deleted condition IV.L
Objection H: Regarding condition IV.2, Cape Industries requests that requirements to monitor
monitoring well LE-2 be deleted since this well will not provide representative
results. Cape Industries has also requested that the requirement to perform additional
sampling and analysis if TOC concentrations greater than 10 mg/l are detected in
downgradient monitoring wells be modified to require this additional sampling and
analysis only on the first sampling period.
Response H: Monitoring well LE-2 has been deleted from condition IV.2. Additionally, the
frequency for monitoring TOC has been changed to annually rather than three times
per year and a statement has been added to require the additional sampling and
analysis, if necessitated, only the first time the situation arises. The requirement for
the additional sampling and analysis for future TOC sampling events will be made on
a case by case basis. This permit also contains conditions concerning the alum sludge
dewatering basins, the spray field loading rates and CEC values, and the future
disposal of any domestic sludges.

Mr. Ronald N. Walton
November 29, 1993
Page 3
In accordance with your previous acceptance of the draft permit transmitted to you by letter dated
August 27, 1993, this permit modification shall be final and effective from the date of issuance until
February 28, 1998, shall void Permit No. WQ0006699, which was issued on March 26, 1993, and shall
be subject to the conditions and limitations as specified therein. Please 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.
If you need additional information concerning this matter, please contact Ms. Carolyn McCaskill at
919/ 733-5083, extension 540.
cc: New Hanover County Health Department
Wilmington Regional Office, Water Quality
Wilmington Regional Office, Groundwater
Groundwater Section, Jack Floyd
Training and Certification Unit (no revised rating)
Facilities Assessment Unit

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
I "XI 4:4["all
SPRAY IRRIGATION SYSTEM 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
Cape Industries
New Hanover County
FOR THE
continued operation of an existing 0.407 MGD spray irrigation facility consisting of a 60 acre spray site
with 28 spray irrigation guns located 300 feet apart, a 0.30 million gallon holding tank, dual 500 GPM
irrigation pumps, and all related piping, valves, controls and appurtenances to irrigate treated effluent from
Cape Industries biological wastewater wastewater treatment facility; and the continued operation of process
wastewater and iron removal plant sludge disposal existing facilities consisting of earthen lagoons in
which polymer added sludge is concentrated, and the ultimate disposal of concentrated dry sludge to a
Cape Industries landfill disposal site to serve Cape Industries' Highway 421 North facilities with no
discharge of wastes to the surface waters, pursuant to the application received June 30, 1992, 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 February 28, 1998, shall void Permit
No. WQ0006699, which was issued on March 26, 1993, and shall be subject to the following specified
conditions and limitations:
I. PERFORMANCE A DARD
1. Within one year of issuance of this permit Cape Industries shall make applications to the
Division for permits which will separate the sludge disposal system.from this spray
irrigation permit. As part of this permit renewal Cape Industries submitted documentation
agreeing to evaluate other sludge disposal options to replace the current sludge landfill
system being used. If any domestic sludge is included in the subject sludge disposal
option(s) chosen by Cape Industries, the sludge shall be stabilized by using a method
authorized by State and Federal regulations.
2. The existing alum sludge dewatering basins are unlined and may be discharging to the
groundwater in violation of the Division's 15A NCAC 2L groundwater standards. Cape
Industries shall consider the lining of these basins to prevent any unpermitted discharge
into the groundwaters by these basins, in reference to condition IV.1 of this permit. Within
one (1) year of permit issuance abandonment or corrective action must be taken to prevent
any future violations. The Aum sludge dewatering basins shall not be left unlined, without
the proper permit for discharge into the groundwaters of the State.

3. The spray irrigation facilities shall be effectively maintained and operated at all times so
that there is no discharge to the surface waters, nor any contamination of ground waters
which will render them unsatisfactory for normal use. In the event that the facilities fail to
perform satisfactorily, including the creation of nuisance conditions or failure of the
irrigation area to adequately absorb the wastewater, the Permittee shall take such immediate
corrective action to correct the problem, including actions as may be required by the
Division of Environmental Management.
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 sludge generated from these treatment facilities must be disposed of in accordance with
General Statute 143-215.1 and in a manner approved by the North Carolina Division of
Environmental Management.
6. Diversion or bypassing of the untreated wastewater from the treatment facilities is
prohibited.
7. The following buffers shall be maintained:
a) 400 feet between wetted area and any residence or places of public assembly under
separate ownership,
b) 150 feet between wetted area and property lines,
c) 100 feet between wetted area and potable water wells,
d) 100 feet between wetted area and drainageways or surface water bodies,
e) 50 feet between wetted area and public right of ways,
f) 100 feet between wastewater treatment units and potable water wells,
g) 50 feet between wastewater treatment units and property lines.
Some of the buffers specified above may not have been included in previous permits for
this waste treatment and disposal system. These buffers are not intended to prohibit or
prevent modifications, which are required by the Division, to improve performance of the
existing treatment facility. These buffers do, however, apply to modifications of the
treatment and disposal facilities which are for the purpose of increasing the flow that is
tributary to the facility. These buffers do apply to any expansion or modification of the
spray irrigation areas and apply in instances in which the sale of property would cause any
of the buffers now complied with, for the treatment and disposal facilities, to be violated.
The applicant is advised that any modifications to the existing facilities will require a permit
modification.
8. The 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.
9. No crops for direct human consumption shall be raised on the sludge landfill sites for a
period of 18 months following sludge application.
II. OPERATIQN AND MAINTENAISQE REQUIREMENIS
1. The facilities shall be properly maintained and operated at all times.
2

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 (ORC) of
the wastewater treatment facilities. The operator must hold a certificate of the type and
grade at Ieast equivalent to or greater than the classification assigned to the wastewater
treatment facilities by the Certification Commission. The Permittee must also employ a
certified back-up operator of the appropriate type and grade to comply with the conditions
of Title 15A, Chapter 8A, .0202. The ORC of the facility must visit each Class I facility at
least weekly and each Class II, III, and IV facility at least daily, excluding weekends and
holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A, .0202.
3. A suitable vegetative cover for the spray irrigation field shall be maintained.
4. Irrigation shall not be performed when the ground is in a condition that will cause runoff.
5. Adequate measures shall be taken to prevent wastewater runoff from the spray field.
6. 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.
7. The spray irrigation application rate shall not exceed 0.25 inches/ acre/ day.
8. No type of wastewater other than that from Cape Industries shall be sprayed onto the
irrigation area.
9. No traffic or equipment shall be allowed on the disposal area except while installation
occurs or while normal maintenance is being performed.
10. Public access to the land application sites shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each
site.
11. A minimum freeboard of two (2) feet shall be provided at all times in the existing earthen
lagoons.
III. MONITQRING AND -REPORTING REl LITREM,ENTS
Any monitoring (including groundwater, surface water, soil or plant tissue analyses)
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. Adequate records shall be maintained by the Permittee tracking the amount of wastewater
disposed. These records shall include, but are not necessarily limited to the following
information:
a) date of irrigation,
b) volume of wastewater irrigated,
c) field irrigated,
d) length of time field is irrigated,
e) continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings for
each field,
f) weather conditions, and
g) maintenance of cover crops.
3

3. The effluent from the subject facilities shall be monitored by the Permittee at the point prior
to irrigation every March, July, and November for the following parameters:
TS S
Fecal Coliforms
pH
NH3 as N
Cobalt
TOC
Chloride
1, 4-Dioxane
Manganese
Calcium
Sodium Adsorption Ratio by Calculation
4. Three copies of all operation and disposal records (as specified in condition 1112) and all
effluent monitoring data (as specified in condition Ill 3) and any other data as may be
required shall be submitted on or before the last day of the following month to the
following address:
NC Division of Environmental Management
Water Quality Section
Facility Assessment Unit
PO Box 29535
Raleigh, NC 27626-0535
5. All sludges included in this permit must be monitored for compliance with condition 1.5 of
this permit. Data to verify stabilization by a process to significantly reduce pathogens (as
described in 40 CFR Part 257, Appendix II or 40 CFR 503), if applicable, must be
maintained by the Permittee. The required data is specific to the stabilization process
utilized, but should be sufficient to clearly demonstrate compliance with 40 CFR Part 257
or 40 CFR 503.
6. Noncompliance Notification:
The Permittee shall report by telephone to the Wilmington Regional Office, telephone no.
919/ 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 at the wastewater treatment facility which results in the treatment of
significant amounts of wastes which are abnormal in quantity or characteristic, such
as the dumping of the contents of a sludge digester, the known passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures
of pumps, aerators, compressors, etc.
C. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-
pass directly to receiving waters without treatment of all or any portion of the
influent to such station or facility.
d. Any time that self -monitoring information indicates that the facility has gone out of
compliance with its permit limitations.
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.
4

IV.
GROU NDWATER REQUIREMENTS
1. Monitor wells LE-1, LE-3, LE-4, LE-5, AND Z shall be sampled every March, July, and
November, for the following parameters:
NO3
TDS
TOC*
pH
NO2
Chloride
Water Level
Managanese
1, 4-Dioxane
Total Suspended Solids
Iron
Cobalt
*TOC is required to be analyzed annually nly_ in November.
The measurement of water level must be made prior to sampling for the remaining
parameters.
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. These
elevations shall be provided to the Regional Hydrogeologist within 60 days after well
construction. 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/1 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 back r� 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; however, this additional sampling and analysis will be
required only for the first sampling event. The necessity of requiring the additional
sampling and analysis in subsequent applicable situations will be determined on an
individual basis.
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
April, August, and December.
2. The Compliance, Boundary delineated on the attached site plan for the disposal system is
specified by regulations in 15A 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 location of the Compliance Boundary.
For facilities permitted prior to December 30, 1983, the Compliance Boundary is
established at the lesser of 500 feet from the lagoon and spray field, or the property
boundary, whichever is less.
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.
E

The REVIEW BOUNDARY delineated on the attached site map for the disposal system is
specified by regulations in 15A 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.
3. Any additional groundwater quality monitoring, as deemed necessary by the Division, shall
be provided.
1. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to
insure proper operation of the subject facilities.
2. The Permittee or his designee shall inspect the wastewater treatment 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 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.
VI. QENERAL CONDITIONS
1. This permit shall become voidable unless the facilities are constructed in accordance with
the conditions of this permit, the approved plans, specifications, and other supporting data.
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.
r,

4. 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.
5. 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.
6. A set of approved plans and specifications for the subject project must be retained by the
Permittee for the life of the project.
7. The annual administering and compliance fee must be paid by the Permittee within thirty
days after being billed by the Division. Failure to pay the fee accordingly may cause the
Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205 (c)(4).
8. The 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.
Permit issued this the 29th day of November, 1993.
CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
`JA. Preston Howard0r., l
Division of Environ ental
By Authority of the En
Permit Number WQ0006699
agement Commission
7

APB I DE]
o I -umm
CRAM" WUJLs
c B
+-I
4DI
• 4,
R �
=FLUENT SPN ?5 r-
- e E •'
I4kC.ATiON FIELD -
-
r� op'�2
d - - - - - _ _ - -
II-
- - - - - - - - -
5i •I 19 R{/-9
.�,
`01 N
1
SLANT
` I rltr•�
{ Y+ I
LIE-4 M•25 1
r�
M;3 s 1
Ir
Z2
Y
=FFLUENT SPRAT 1
!RRIGATION FIELD
I
fl
I(
�E•5
05t•1
A
5.25
• • •
i)
I , 1�15.78 '
' I
I
0E-r
S-
r2
-ML
;Nr
— 11-
. PIZ.. „,f•2
r-•71 �}�'1�
V= iA r.10
r-12
/ p0
LEGEND
/ ^C-9' Lahtipii0.Y1LC 1. ufJpfe .
T'"kew dov^3"ry
! N iECT ION WELL GROUP�- /++yE_P ONITOR WELL
/
# PRODUCTION WELL
• MONITOR WELL
/ g, NEW " ITOR WELL
(, MONITOR WELL NEST
All, OIEZOMETER
• ABANDONED WELL
i :OIL BDRING
- --- :�- IRRINE' -- FIGURE 7
. v s
' CAPE INDUSTRIES/WI'Lt�!
`�NMENTAL sic PROPOSAL Ilao .,_
...<�I� �1 LJ LTA NTS I�socooG MAR 4 1Q°3
CENTRAL FILES