WQ0010690_Final Permit_20000707

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
July 7, 2000
Mr. Ralph D. Smith
Trigen-BioPower, Inc.
9140 Arrowpoint Blvd., Suite 370
Charlotte, NC 28273
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ0010690
Trigen-BioPower, Inc.
Forest City, NC Steam Generation Plant
Ash Reuse Program
Rutherford County
Dear Mr. Smith:
In accordance with your request received on April 4, 2000, we are forwarding herewith Permit No.
W00010690 dated June 7, 2000, to Trigen-BioPower, Inc. for the development and operation of an ash reuse
program involving the public distribution of the subject steam generation plant wood fired boiler ashes. This
permit covers front or bottom ash, fly ash, and scrubber pond ash produced by the burning of wood chips and
saw dust from regional lumber mills and furniture manufacturers, and cotton mote (cotton seed, cotton fiber
stems, etc.) in the subject steam generation plant boiler(s). Please be advised this permit must be amended to
add any other kind of ash producing fuels.
As stated, Trigen-BioPower, Inc. shall conduct on site (facility) management of the ash that may
involve screening the front ash before combining it with fly ash in a large steel hopper. As this container
becomes full its' contents would be deposited in a staging area where scrubber ash may be mixed into it.
Precautions will be taken to avoid a dust hazard while the mixing is staged. Finally, the material will be
stockpiled on Trigen-BioPower, Inc. property where it can be accessed by transport vehicles. Transportation of
the mixed ash and the actual applications will be coordinated by the farm operators, land owners and
commercial operations utilizing the material. It is understood existing facilities at the Trigen-BioPower, Inc.
steam generation plant will be used for the ash distribution program. Please note the construction of specific
major facilities may need a permit amendment. It is noted the ash materials intended use is for agricultural
purposes. As stated, Trigen-BioPower, Inc., will set proposed management practices for recipients of the
distributed ash. Please note, Trigen-BioPower, Inc. must prevent wind erosion, leachate, and surface
runoff/erosion from conveying the ash off the property or from contaminating surface waters or groundwaters,
during handling and stockpiling on site.
No ash may be utilized in this reuse or distribution program that tests for any parameter that is above
the TCLP limitation established by the Environmental Protection Agency and therefore, which would classify
this material as a hazardous or toxic waste.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

This permit shall be effective from the date of issuance until June 30, 2005, shall void Permit No.
WQ0010690 issued June 24, 1998, and shall be subject to the conditions and limitations as specified therein.
Please pay particular attention to the monitoring and reporting requirements contained in this permit. Failure
to establish an adequate system for collecting and maintaining the required operational information will result
in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina General
Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
1617. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, pleases contact Susan Cauley at (919) 733-
5083 extension 546. //
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T. Stevens
cc: Rutherford County Health Department
Asheville Regional Office, Water Quality Section
Asheville Regional Office, Groundwater Section
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
ASH REUSE PROGRAM 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
Trigen-BioPower, Inc.
Rutherford County
FOR THE
operation of an ash reuse program, utilizing a mixture of ponded ash, fly ash, and front ash (often called bottom ash) and a
maximum volume of 2,500 tons of ash/year produced from the Trigen BioPower, Inc. steam generation plant in Forest City,
N.C., for distribution to the public with no discharge of wastes to the surface waters, pursuant to the modification request,
received April 4, 2000, 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 June 30, 2005, and shall be subject to the following
specified conditions and limitations:
I. PERFORMANCE STANDARDS
I. 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.
2. In the event that the ash reuse program is not operated satisfactorily, including the creation of nuisance
conditions, the Permittee shall cease the use of ash for the particular operation and take any immediate
corrective actions.
3. The distribution of ash program shall be effectively maintained and operated as a non -discharge system to
prevent the discharge of any ash resulting from the operation of this program.
4. This permit shall become voidable in the event of failure of the ash reuse program to adequately protect the
assigned water quality standards of the surface waters and groundwaters.
5. Diversion or bypassing of leachate from the ash facilities is prohibited.

II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The permittee shall submit to each recipient of this product written information concerning the intended
uses of this material. This information shall include any restrictions which apply to the application of this
product as outlined in the conditions contained in this permit. This information may be a label affixed to the
bag or other container in which ash that is sold or given away for application to the land, or an information
sheet shall be provided to the person who receives the ash, sold or given away in some other container or
vehicle for application to the land. The label or information sheet shall contain the following information:
a. The name and address of the person or company who prepared the ash that is sold or given away in a
bag or other container for application to the land.
b. A statement that application of the ash to the land is prohibited except in accordance with the
instructions on the label or information sheet.
c. Information on all applicable buffers including a 100 foot buffer between application site and any
public or private water supply source (including wells) and any stream, lake, or river.
d. Residuals shall not be applied to any site that is flooded, frozen or snow-covered.
e. Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored
residuals into any surface waters.
f. The volume of ash application shall be limited to 4 tons/acre/year.
2. No ashes other than that generated at the Trigen-BioPower, Inc. steam generation plant in North Cove near
Marion, N.C. are hereby approved for the ash reuse program in accordance with this permit.
3. Adequate provisions shall be taken to prevent wind erosion, leachate, and surface runoff/erosion from
conveying pollutants from the Trigen-BioPower, Inc. ash facilities onto the adjacent property or into the
surface waters.
4. No ash is to be applied in inclement weather or until 24 hours following a precipitation event equal to a
rainfall event of 1/2 -inch or greater in 24 hours.
5. No ash shall be used for land reclamation within one (1) foot of the seasonal high groundwater table.
6. No ash shall be used as pine bedding for sewer or potable water lines.
7. The permittee shall ensure that the transportation of this product does not cause any adverse impact, i.e.,
transport in a leak proof truck for wet material, ensure that trucks are covered for dry material, or
otherwise protected to prevent any adverse impact resulting from the operation.
8. The application of ash shall not exceed 4 tons/acre/year unless a demonstration is made which indicates
that higher applications of this material will not exceed the liming requirements of the crops being grown
on the application sites.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, ash, soil, or plant tissue analyses) deemed
necessary by the Division of Water Quality to insure protection of the environment will be established and
an acceptable sampling and reporting schedule shall be followed.
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2. Proper records shall be maintained by the Permittee tracking all ash activities. These records shall include,
but are not necessarily limited to the following information:
a. source, volume and analysis of each ash
b. name of ash's recipient, volume received, and intended use
3. A representative annual ash analysis (using TCLP method) shall be conducted and the results maintained
on file by the Permittee for a minimum of five years. The ash analysis shall include but is not necessarily
limited to the following parameters:
Manganese
pH
Phosphorus
Sodium
Potassium
Nickel
Lead
Cadmium
Zinc
Copper
Magnesium
Calcium
Arsenic
Barium
Chromium
Mercury
Selenium
Silver
4. A Toxicity Characteristics Leaching Procedure (TCLP) analysis of the ash shall be conducted by the
Permittee prior to permit expiration and the results shall be submitted with the request for renewal of the
permit to the Division. The TCLP analysis shall include the following parameters (please note the
regulatory level in mg/L in parentheses):
Arsenic (5.0)
Barium (100.0)
Benzene (0.5)
Cadmium (1.0)
Carbon tetrachloride (0.5)
Chlordane (0.03)
Chlorobenzene (100.0)
Chloroform (6.0)
Chromium (5.0)
o -Cresol (200.0)
m-Cresol(200.0)
p-Cresol(200.0)
Cresol (200.0)
2,4-D (10.0)
1,4 -Dichlorobenzene (7.5)
1,2-Dichloroethane (0.5)
1,1-Dichloroethylene (0.7)
2,4-Dinitrotoluene (0.13)
Endrin (0.02)
Heptachlor (and its hydroxide) (0.008)
Hexachlorobenzene (0.13)
Hexachloro-1,3-butadiene (0.5)
Hexachloroethane (3.0)
Lead (5.0)
Lindane (0.4)
Mercury (0.2)
Methoxychlor (10.0)
Methyl ethyl ketone (200.0)
Nitrobenzene (2.0)
Pentachlorophenol (100.0)
Pyridine (5.0)
Selenium (1.0)
Silver (5.0)
Tetrachloroethylene (0.7)
Toxaphene (0.5)
Trichloroethylene (0.5)
2,4,5 -Trichlorophenol (400.0)
2,4,6 -Trichlorophenol (2.0)
2,4,5 -TP (Silvex) (1.0)
Vinyl chloride (0.2)
5. Three copies of all monitoring and reporting
requirements as specified in conditions 111 2, and I113 shall be
submitted annually on or before March 1 of the following year to the following address:
NC Division of Water Quality
Water Quality Section
Non-Dishcarge Compliance Unit
1617 Mail Service Center
Raleigh, NC 27699-1617

6. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone no. [phone] as
soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or
first knowledge of the occurrence of any of the following:
a. Any occurrence with the ash reuse program which results in the application of significant amounts of
ash which are abnormal in quantity or characteristic.
b. Any spillage or discharge from a vehicle or piping system transporting ash 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.
IV. GROUNDWATER REQUIREMENTS
Any groundwater quality monitoring as deemed necessary by the Division of Water Quality shall be
provided.
2. Land areas which exhibit a seasonal high water table within 3 feet of the surface shall not be utilized for the
application of ash.
V. INSPECTIONS
1. The Permittee or his designee shall inspect the ash storage and transport 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 by the Division of Water Quality or other permitting authority.
2. Any duly authorized officer, employee, or representative of the Division of Water Quality 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. GENERAL CONDITIONS
This permit shall become voidable unless the ash reuse program activities are carried out in accordance
with the conditions of this permit and in the manner approved by this Division.
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 a
name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality
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.
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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 Water Quality in accordance with North Carolina General Statutes
143-215.6A and 143-215.6C.
5. 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 15A NCAC 2H .0205 (c)(4).
6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
7. 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.
8. This permit may be modified, or revoked and reissued to incorporate any conditions, limitations and
monitoring requirements the Division of Water Quality deems necessary in order to adequately protect the
environment and public health.
Permit issued this the seventh day of July, 2000.
NORTH C OLIVA ENVIR NME AL MANAGEMENT COMMISSION
-/`Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. WQ0010690