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HomeMy WebLinkAboutWQ0010689_Final Permit_20140926NCDENRNorth Carolina Department of Environment and Natural Resources Pat McCrory Governor Terry Foxx — Plant Manager Baxter Healthcare Corporation 65 Pitt Station Road Marion, NC 28752 Dear Mr. Foxx: John E. Skvarla, III Secretary September 26, 2014 Subject: Pen -nit No. WQ0010689 North Cove Steam Generation Plant Ash Distribution Program Distribution of Residual Solids (503 Exempt) McDowell County In accordance with your permit renewal request received July 15, 2014, and subsequent additional information received August 19, 2014, we are forwarding herewith Pen -nit No. WQ0010689 dated September 26, 2014, to Baxter Healthcare Corporation for the continued operation of the subject residuals management program. Please note that this renewed permit shall become effective on December 1, 2014 (i.e. the day after the expiration date of the existing permit), which differs from the date of this letter. This permit shall be effective from December 1, 2014 until November 30, 2019, shall void Permit No. WQ0010689 issued June 7, 2010, and shall be subject to the conditions and limitations as specified therein. Condition III.6. requires that additional measures be taken to control ash storage runoff. Please pay particular attention to the monitoring requirements listed in Attachment A for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note the following permit conditions are new or have been modified since the last permit issuance: Condition I.2. — requires the submission of an Operation and Maintenance Plan ➢ Condition 11. 1. — the program shall be effectively maintained and operated Condition II.2. — the pennittee is responsible for damages to groundwater or surface water Condition 11. 10. — describes the location of the compliance boundary around the facility Condition III.2. - requires maintaining an approved Operation and Maintenance Plan ➢ Condition 111. 3. — an ORC and backup ORC must be retained at the facility Condition III.4. — site copies of the pennit and O&M Plan required for bulk applications 1636 Mail Service Center, Raleigh, North Carolina 27699-1636 Phone: 919-807-6464 \ Internet: http://portal.ncdenr.orglweb/wq An Equal Opportunity \ Affirmative Action Employer — Made in part with recycled paper Mr. Terry Foxx September 26, 2014 Page 2 of 2 ➢ Condition II1.5. — spill control provisions on all transport and application vehicles ➢ Condition 111.6. — requires additional measures for controlling ash storage runoff' ➢ Condition 111.7. — requires a Utilization Agreement prior to any bulk residuals application ➢ Condition E11.9. — addresses the minimum qualifications for a Utilization Agreement ➢ Condition III. 11. — addresses the labelling requirements for the bagged distribution of ash ➢ Condition Ill. 12. — any party acting contrary to the Utilization Agreement cannot receive ash ➢ Condition IV.S. — records tracking the distribution of ash must be kept ➢ Condition N.7. —the previous year's annual report must be submitted before March 1st ➢. Condition IV.8. — defines Non-compliance events and appropriate notification response ➢ Condition V.I. —adequate inspection and maintenance must be provided ➢ Condition V.2. — transport, storage and application facilities must be inspected ➢ Condition VI.S. — any change in facility ownership requires a permit modification ➢ Condition VI.6. — the permit can be revoked or modified under certain circumstances ➢ Condition VI.7. — expansion of the program cannot be granted in certain situations If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at„6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this matter, please contact David Goodrich at (919) 807-6352 or by email at david.goodrich@ncdenr.gov. Sincerely, Tomas A. Reeder, Director Division of Water Resources, NCDENR cc: McDowell County Health Department (Electronic Copy) Ashville Regional Office, Water Quality Regional Operations Section (Electronic Copy) Michael J. Pisarik, PE — Baxter Healthcare Corporation, PO Box 1390, Marion, NC 28752 Beth Buffington; Public Water Supply Section — Protection and Enforcement Branch Permit File WQ0010689 Notebook File WQ0010689 (Electronic Copy) EN-VIRON-ME 'TA -L -M iNA-GEM-ENT C®--M-MISSI()�t DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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 BAXTER HEALTHCARECORPORATION ,R , •,w McDowellCounty FOR THE continued operation of a residuals management program for the Baxter Healthcare Corporation and consisting of the distribution of Class B (503 Exempt) wood ash residuals generated by the approved facilities listed in Attachment A with no discharge of wastes to surface waters, pursuant to the application received July 15, 2014, and subsequent additional information received by the Division of Water Resources, and in conformity with other supporting data subsequently filed and approved by the Department of Enviromnent and Natural Resources and considered a part of this permit. The use and disposal of residuals are regulated under Title 40 Code of Federal Regulations Part 503. This pennit does not exempt the Pennittee from complying with the federal regulations. This permit shall be effective from December 1, 2014 until November 30, 2019, shall void Pen -nit No. WQ0010689 issued June 7, 2010, and shall be subject to the following specified conditions and limitations: I. SCHEDULES No later than six months prior to the expiration of this pen -nit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. 2. The permittee shall submit the Operation and Maintenance (O&M) plan as required in Condition III.2. to the Division within 90 days of the effective date of this pernit. WQ0010689 Version 3.0 Shell Version 140324 Page 1 of 10 H. PERFORMANCE STANDARDS The subject residuals management program shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease distribution of residuals, contact the Asheville regional office supervisor, and take any immediate corrective actions. 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this residuals management program. 3. Diversion or bypassing of ash or leachate from the on-site ash storage/stockpile site shall be prohibited. All leachate shall be reused as a wetting agent or disposed of through a Division -approved method. 4. No ash that tests or is classified as a hazardous or toxic waste under 40 CFR Part 261 shall be sold or given away under the conditions of this permit. 5. Only residuals generated by the facilities listed in Attachment A are approved for land application or distribution in accordance with this permit. 6. The following uses shall be approved for the distributed ash under the ash distribution program in accordance with this pernut: Type of Ash Approved Uses ® Structural/engineered fill (i.e.; engineered fill that is properly placed and compacted) for embankments and for bases/ sub -bases under a structure or a footprint of a paved road, parking lot, sidewalk, walkway, or similar structure. ® Flowable fill for backfill of potable water mains as approved by the NC Division of Environmental Health, sanitary sewers, and storm drainage structures. 4 Overlay for secondary roads, residential driveways, farm roads, and high -traffic farm areas as approved by the NC Department of Transportation. Bottom Ash / ® Material for traction control during snow and ice events as Fly Ash / approved by the NC Department of Transportation. Scrubber Ash / s Material for manufacturing of concrete products, brick Wood or Sawdust / products, lightweight aggregate, roofing materials, insulation products, plastics, and paints. Mixtures ♦ Substitute for blasting grit, roofing granules, filter cloth precoat for sludge dewatering, as well as bedding for pipes, railroad beds, and underground storage tanks. ® Soil nutrient additive, amendment, or other agricultural purpose as approved by the NC Department of Agriculture and Consumer Services. ® Raw product for the stabilization of wastewater residuals. ® Daily, intermediate, and final cover at a landfill as approved by the NC Division of Waste Management. 4 Fuel for combustion in boilers, furnaces, etc. for energy recovery. WQ0010689 Version 3.0 Shell Version 140324 Page 2 of 10 7. No ash other than that from the ash source -generating facilities specified in Attaclunent A shall be distributed wider this permit. No uses of the distributed ash other than those specified in Condition H.6. shall be allowed. The Pennittee shall request and obtain a permit amendment from the Division for each additional ash source -generating facility and use prior to distribution through the approved ash distribution program. 8. Pollutant concentrations in residuals distributed or applied to any land application site shall not exceed the following Ceiling Concentrations or Monthly Average Concentrations (i.e., dry weight basis): Parameter Ceiling Concentration (iniffigranis per kilogram) Monthly Average Concentration (milligrams per kilogram) Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Molybdenum 75 n/a Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 9. Setbacks for Class A land applied bulk residuals shall be as follows: Setback Description Setback by residual type (feet) Surface waters (streams — intermittent and perennial, 50 perennial waterbodies, and wetlands) Water supply well or spring* 100 Unless underlain and overlain by a liner with a maximum hydraulic conductivity of 10-6 centimeters per second. If such a liner/cover is provided, ash shall not be placed witl­iin 25 feet of any water supply well or spring. Ash shall not be placed within one foot of the seasonal high water table. 10. The compliance boundary for ash generation facility shall be specified in accordance with 15A NCAC 02L .0107(b). The facility was individually permitted on or after December 30, 1983; therefore, the compliance boundary is established at either 250 feet from the facility boundary, or 50 feet within the property boundary, whichever is closest to the facility boundary. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. Any approved relocation of the COMPLIANCE BOUNDARY will be noted in Attachment B. WQ0010689 Version 3.0 Shell Version 140324 Page 3 of 10 11. In accordance with 15A NCAC 02L .0 108, the review boundary shall be established midway between the compliance boundary and the facility boundary. Any exceedance of groundwater standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106. III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The ash distribution program shall be properly maintained and operated at all times. The program shall be effectively maintained and operated as a non -discharge system to prevent any .contravention of surface water or groundwater standards. 2. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to 15A NCAC 02T .l 110. Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan, at the minimum, shall include: a) Operational functions; b) Maintenance schedules; c) Safety measures; d) Spill response plan;. e) Inspection plan including the following information: i. Names and/or titles of personnel responsible for conducting the inspections; ii. Frequency and location of inspections, including those to be conducted by the ORC, and procedures to assure that the selected location(s) and inspection frequency are representative of the residuals management program; iii. Detailed description of inspection procedures including record keeping and actions to be taken by the inspector in the event that noncompliance is observed pursuant to the noncompliance notification requirements under the monitoring and reporting section of the permit; f) Sampling and monitoring plan including the following information: i. Names and/or titles of personnel responsible for conducting the sampling and monitoring; ii. Detailed description of monitoring procedures including parameters to be monitored; iii. Sampling frequency and procedures to assure that representative samples are being collected. Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the facility, the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC 08G .0201. The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition III. 111.2.), and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and designation requirements, please contact the Division of Water Resources' Technical Assistance & Certification Unit at (919) 733-0026. 4. When the Permittee land applies bulk residuals, a copy of this permit and a copy of O&M Plan shall be maintained at the land application sites during land application activities. 5. When the Permittee transports or land applies bulk residuals, the spill control provisions shall be maintained in all residuals transport and application vehicles. WQ0010689 Version 3.0 Shell Version 140324 Page 4 of 10 6. All ash shall be adequately stored to prevent runoff prior to distribution and use. The perimeter of the ash storage area shall be modified by adding a berm or fence structure to prevent runoff from the ash storage area. The Pennittee shall provide to the recipient of the ash guidance so that the recipient of theeatsis aware-of-guidance-regarding-how-to-store-the-ash-adequately-to-prevent-runtoff-of-the-ash following distribution and prior to use. 7. _ A Utilization Agreement between the Permittee -and -the entity -agreeing to accept -and distribute -Class A bulk residuals shall be in place prior to distribution of the bulk residuals. The agreement shall specify the agreeing entity's responsibilities. The Peimittee or his designee and the person responsible for application of the residuals shall sign the Utilization Agreement, which shall be considered expired concurrent with the permit expiration date, and shall be renewed during the permit renewal process. 8. At a minimum, the Utilization Agreement shall stipulate the following: a. By agreeing to accept the bulk Class A residuals, it is recognized that the application of these residuals is allowed under the conditions of this agreement. Land application of Class A residuals is considered the beneficial reuse of a waste under 15A NCAC 02T .1100, and has been deemed perinitted under 15A NCAC 02T .1103(4) provided the conditions of this agreement are met. Any action resulting in damages to surface water or groundwater, caused by failure to follow the conditions of this agreement, is subject to Division enforcement action; b. The person or entity accepting the bulk Class A residuals shall to the best of their knowledge meet the following application requirements: i. List all prohibitions under Condition III.8 with a statement that bulk residuals shall not be land applied under these conditions. ii. Ash shall not be stockpiled for more than 60 days prior to land application; iii. Application of bulk residuals shall not occur within 100 feet of a public or private water supply source; iv. Application of bulk residuals shall not occur within 100 feet of any well, with the exception of Division approved monitoring wells; v. Application of bulk residuals shall not occur within 25 feet of surface waters. c. The generator of the Class A bulk residuals shall provide information on the proper use of the residuals, including information on the nutrient quantities within the residuals and reconnnnended application rates. A copy of the label or information sheet attached to bags or other containers, as specified in the labeling requirements under Condition 111. 11, is sufficient; d. The applicator or party accepting bulk residuals from the Permittee shall supply all third parties receiving bulk residuals with documentation specifying that application shall occur consistent with the utilization agreement; e. Instructions, including contact inforniation for key personnel, shall be provided to the applicator or party receiving bulk residuals in the event that any requirements specified in the utilization agreement are not met. f. A copy of the Utilization Agreement shall be maintained at the land application sites when bulk residuals are being applied. WQ0010689 Version 3.0 Shell Version 140324 Page 5 of 10 9. All ash shall be adequately stored to prevent wind erosion and surface runoff from conveying ash from stockpile/storage areas onto adjacent property or into any surface waters prior to distribution and use. The Permittee shall provide to the recipient of the ash guidance so that the recipient of the ash is aware of guidance regarding how to take adequate provisions to prevent wind erosion and surface runoff from conveying ash from the location of use onto adjacent property or into any surface waters. The ash may be placed on a concrete pad, placed under shelter or, physically covered until it is distributed to the buyer. If an alternate storage site is used, approval must be obtained from the Division. 10. Adequate provisions shall be taken to ensure that the transportation of ash does not cause nuisances and hazards to public health and safety or otherwise cause an adverse impact (e.g., transport wet ash in leak -proof trucks or cover dry ash). 11. When ash is distributed for use as a soil nutrient additive, amendment, or other agricultural purpose as approved by the NC Department of Agriculture and Consumer Services, a label shall be affixed to the bag or other container in which the ash is sold or given away, or an information sheet shall be provided to the person who receives the ash. At a minimum, the label or information sheet shall contain the following: a. The name and address of the person who prepared the ash; h. A statement that ash land application is prohibited except in accordance with the instructions on the label or information sheet; c. A statement regarding all setbacks from the area to which the ash product is applied, as specified in Condition II.9.; d. A statement that the ash shall not be applied to any land that is flooded, frozen, or snow covered; e. A statement identifying that this material shall be prevented from entering any public or private water supply source (including wells) and any surface water (e.g., stream, lake, river, wetland, etc.); f. A statement that the residuals shall be applied at agronomic rates and recommended rates for its intended use. 12. The Permittee shall not distribute bulk residuals to any person or entity known to be applying residuals contrary to the condition of the signed Utilization Agreement. 1. Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be 'established, and an acceptable sample reporting schedule shall be followed. 2. Ash shall be analyzed to demonstrate it is non -hazardous under the Resource Conservation and Recovery Act (RCRA). The analyses [corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)] shall be performed at the frequency specified in Attachment A, and the Permittee shall maintain these results for a minimum of five years. Any exceptions from the requirements in this condition shall be specified in Attachment A. WQ0010689 Version 3.0 Shell Version 140324 Page 6 of 10 The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter is in parentheses): Only ash that is generated by the ash source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A of this pen -nit shall not be required to comply with this monitoring requirement. Once the ash has been monitored for two years at the frequency specified in Attachment A, the Pennittee may submit a permit modification request to reduce the frequency of this monitoring requirement. hi no case shall the monitoring frequency be less than once per permit cycle. 3. An analysis shall be conducted on ash at the frequency specified in Attachment A, and the Permittee shall maintain the results for a rninirmum of five years. The analysis shall include the following parameters: Arsenic Magnesium Selenium semc1,4-Dichlorobenzene . 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-Diriitrotoluene (0.13) Selenium (1.0) Carbon tetrachloride (0.5) Endrin (0.02) Silver (5.0) Chlordane (0.03) Hexacliloroberizene (0.13) Tetrachloroethylene (0.7) Chlorobenzene (100.0) Heptachlor (and its hydroxide) (0.008) Toxaphene (0.5) Chloroform (6.0) Hexacl-Aoro-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) 2,4,6 -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) Only ash that is generated by the ash source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A of this pen -nit shall not be required to comply with this monitoring requirement. Once the ash has been monitored for two years at the frequency specified in Attachment A, the Pennittee may submit a permit modification request to reduce the frequency of this monitoring requirement. hi no case shall the monitoring frequency be less than once per permit cycle. 3. An analysis shall be conducted on ash at the frequency specified in Attachment A, and the Permittee shall maintain the results for a rninirmum of five years. The analysis shall include the following parameters: Arsenic Magnesium Selenium Barium Manganese Silver Cadmium Mercury Sodium Calcium Molybdenum Zinc Chromium Nickel Copper pH Iron Phosphorus Lead Potassium WQ0010689 Version 3.0 Shell Version 140324 Page 7 of 10 After the ash generated by a particular ash source -generating facility has 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 an ash land application event of ash generated by the ash source -generating facility occurs during that year. 4. Laboratory parameter analyses shall be performed on the residuals as they are land applied or distributed, and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505. Analytical determinations made pursuant to, the monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division for the parameters analyzed. 5. The Permittee shall maintain records tracking all ash distribution or land application events performed by the Pennittee. At a minimum, these records shall include the following: a. Source of the ash; b. Date of distribution/land application; c. Name and address of recipient of the ash; d. Volume of ash distributed to each recipient; e. Intended use of the ash; f. If land application events performed by the Permittee - Nitrogen Application Rate based on RYEs (if using data obtained from the North Carolina State University Department of Soil Science Website, the printout page shall be kept on file and reprinted every five years). 6. All records required as part of this permit shall be retained for a minimum of five years. 7. Three copies of an annual report shall be submitted on or before March 1St. The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms. Instructions for reporting and annual report forms are available at http://portal.ncdenr.org/web/wq/gps/lau/reporting, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: Division of Water Resources Inforination Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 8. Noncompliance Notification The Permittee shall report by telephone to the Ashville Regional Office, telephone number (828) 296- 4500, 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 distribution program resulting in the land application of significant amounts of wastes that are abnormal in quantity or characteristic. b. Any failure of the distribution program resulting in a release of material to surface waters. c. Any time self-monitoring indicates the facility has gone out of compliance with its permit limitations. d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of adequate residual treatment. e. Any spill or discharge from a vehicle or piping system during residuals transportation. WQ0010689 Version 3.0 Shell Version 140324 Page 8 of 10 Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside 'normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300.Persons repos ting such occurrences bytelephoizall also fel aittninepmt ilrintterfornrwithiri five-clay 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. V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the subject facilities and shall be in accordance with the approved O&M Plan. 2. Prior to each application event, the Pennittee or his designee shall inspect the ash storage, transport and application facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Pennittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Penmittee shall maintain this inspection log for a period of five years from the date of inspection, and this log shall be made available to the Division upon request. 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the land application sites or facilities permitted herein at any reasonable time for the purpose of determining compliance with this pennit; may inspect or copy any records required to be maintained under the terms and conditions of this pennit; and may collect groundwater, surface water or leachate samples. VI. GENERAL, CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Pennittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143- 215.6A to 143-215.6C. 2. This pennit shall become voidable if the ash distribution program is not carried out in accordance with the conditions of this permit. 3. This pennit is effective only with respect to the nature and volume of residuals described in the pennit application and other supporting documentation. 4. The issuance of this pennit does not exempt the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Pennit NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. 5. In the event the residuals program changes ownership or the Permittee changes their naule, a formal pennit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate documentation from the parties involved and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the residuals program permitted herein until a pennit is issued to the new owner. WQ0010689 Version 3.0 Shell Version 140324 Page 9 of 10 6. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements listed in 15A NCAC 02T.01 10. 7. Unless the Division Director grants a variance, expansion of the permitted residuals program contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0120(b). The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this pen -nit pursuant to 15A NCAC 02T .0105(e)(3). Permit issued this the 26th day of September, effective December 1, 2014 r Th as A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission. Permit Number WQ0010689 WQ0010689 Version 3.0 Shell Version 140324 Page 10 of 10 ATTACHMENT A - Approved Residual Sources Baxter Healthcare Corporation Certification Date: December 1, 2014 Permit Number: WQ0010689 Version: 3.0 1. Maximum Dry Tons per Year is the amount of ash approved for distribution from each permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing of metals and nutrients as stipulated under permit Condition IV.3. 4. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above. Dry Tons Generated short tons per year) Monitoring Frequency Established in 40 CFR 503 and 15A NCAC 02T.1111) <319 1 /Year =>319-<1,650 1/ Quarter (4 times per year) =>1,650 - <16,500 1/60 Das (6 times per ear) Approved 1/month (12 times per year) Monitoring Monitoring Monitoring Mineralization Permit Biological Maximum Frequency for Frequency for Frequency for Rate Owner FacilityName Count y Number Residuals Dr Tons y t Non -hazardous Metals and Pathogen & g [Raw = 0.4; Per Year - Characteristics Nutrients 3, 4 Vector Attraction Aerobic = 0.3; Reductions Anaerobic = 0.2; om ost=0.1] Baxter Healthcare Corporation North Cove Steam McDowell WQ0001512 No 3,200 1 X Permit Cycle See Table Below N/A N/A Generation Plant Total 3,200 1. Maximum Dry Tons per Year is the amount of ash approved for distribution from each permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing of metals and nutrients as stipulated under permit Condition IV.3. 4. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above. Dry Tons Generated short tons per year) Monitoring Frequency Established in 40 CFR 503 and 15A NCAC 02T.1111) <319 1 /Year =>319-<1,650 1/ Quarter (4 times per year) =>1,650 - <16,500 1/60 Das (6 times per ear) =>16,500 1/month (12 times per year) Note: As of the date of this permit's issuance on September 26, 2014, the standard operating procedures (SOPs) for this facility consist of one-half of the waste, facilities permitted under Permit No. WQ0001512 to be shut -down and drained to dewater the ponded scrubber ash to the greatest extent possible. Dry fly wood/sawdust are added to the ponded scrubber ash and mixed in order to render the ash suitable for land application. The ash is then removed and stored/stockpiled is distributed for use. Dry bottom ash is landfilled off-site. It shall be permissible for the described SOPs to be modified with no prior approval from the Division, dry -ton per year maximum distribution volume permitted mat include the various ashes either distributed as individual products or as mixtures in varying pe Permittee shall take care to adjust the ash sampling program such that it is reflective of the SOPS currently being employed (i.e., see Condition IVA. forinform representative sampling). If no land application events occur during a required sampling period (e.g. no land application occur during an entire year when annual monitoring is requi sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to subni report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarification. Page 1 of 1 water recycle -ash and dry )n site until it and the 3,200 utations. 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CAMP BRENDA G. uotaMMaN D.B. 516, PG. 865 D.S. 55L, PG. 066 ALTA/ACSM LAND TITLE SURVEY OF THOSE PROPERTIES DESCRIBED IN DEEDS TO POWER SOURCES, INC. DEED BOOK 401, PAGE 179; DEID BOOK 549, PAGE 969 M. � 11/fv/a,l�NSa a�v,nf. taafaufm-mtonL 0 p•'mr®tim D ms�e'mwn' v FIGURE 2 BAXTER HEALTHCARE CORPORATION I DISTRIBUTION OF RESIDUAL SOLIDS MCDOWELL COUNTY WQ0010684 FACILITY DETAILIMAP o©o sn�,:ar��c�fie _ �xrr:aN��si r�IYI'Ji��Rli M e�t1Y�s ��i -O / yam. _..��« FIe.'.e.:..na.sau•~�w �4m"r"I..tT�i. SANDRA G. CAMP BRENDA G. uotaMMaN D.B. 516, PG. 865 D.S. 55L, PG. 066 ALTA/ACSM LAND TITLE SURVEY OF THOSE PROPERTIES DESCRIBED IN DEEDS TO POWER SOURCES, INC. DEED BOOK 401, PAGE 179; DEID BOOK 549, PAGE 969 M. � 11/fv/a,l�NSa a�v,nf. taafaufm-mtonL 0 p•'mr®tim D ms�e'mwn' v FIGURE 2 BAXTER HEALTHCARE CORPORATION I DISTRIBUTION OF RESIDUAL SOLIDS MCDOWELL COUNTY WQ0010684 FACILITY DETAILIMAP