WQ0010690_Final Permit_19980624

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
June 24, 1998
Mr. Ralph Smith
Trigen-BioPower, Inc.
9140 Arrowpoint Blvd.
Suite 370
Charlotte, North Carolina 28273
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ0010690
Trigen-BioPower, Inc.
Forest City, N.C. Steam Generation Plant
(Serving, Sara Lee Corporation)
Ash Reuse Program
Rutherford County
Dear Mr. Smith:
In accordance with your application received on June 2, 1998, we are forwarding herewith modified Permit
No. WQ0010690, dated June 24, 1998, to Trigen-BioPower, Inc. This modification is for the change of name from
Power Sources, Inc. to Trigen-BioPower, Inc. This permit is 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 ships and saw
dust from regional lumber mills and furniture manufacturers, and cotton mote (cotton seed, cotton fiber stems, etc.)
in the subject steam generation plan 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 onTrigen-BioPower's
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 that ash materials intended use is for agricultural purposes. As stated, 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 limitations established by the Environmental Protection Agency and therefore, which would classify this
material as a hazardous or toxic waste.
PO Box 29535, Raleigh, North Carolina 27626-0535 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 September 30, 2000, shall void Permit No.
W00010690 issued September 25, 1995, 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, 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 concerning this mattJpleontact Mr. Randy Kepler at (919) 733-
5083 extension 544.
Sinc'/%
A. Preston Howard, Jr., P.E.
cc: Rutherford County Health Department
Asheville Regional Office, Water Quality Section
Asheville Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
Training and Certification Unit
Non -Discharge Compliance Unit

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF ENVIRONMENT 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 900 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 permit application received June 2, 1998, 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 Brom the date of issuance until September 30, 2000, shall void Permit No.
WQ0010690 issued September 25, 1995, and shall be subject to the following specified conditions and limitations:
L PERFORMANCE STANDARDS
1. 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 program.
2. In the event that the ash reuse program is not operated satisfactorily, including the creation of nuisance
conditions, the Permittee shall cease applying residuals to the sites 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 ground waters.
5. Diversion or bypassing of leachate from the ash facilities is prohibited.

H. 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 anyrestrictions 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. Ash 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 ash 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 Forest City,
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 %i -inch or greater in 24 hours.
S. 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 pipe 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., ensure that trucks are covered for 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 a higher applications of this material will not exceed the liming requirements of the crops being
grown on the application sites.
2

III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed
necessary by the Division of Water Quality -(Division) to insure protection of the environment will be
established and an acceptable sampling and reporting schedule shall be followed.
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 produced, 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 annually and the results maintained on file for a minimum of five years. 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 III 2, III 3 and III
4 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 -Discharge Compliance Unit
PO Box 29535
Raleigh, NC 27626-0535
6. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone number
[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 the processing area, 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
fifteen (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
1. Any groundwater quality monitoring as deemed necessary by the Division shall be provided.
V. INSPECTIONS
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 or other permitting authority.
2. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the 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; and may obtain
samples of groundwater, surface water, or leachate.

VI. GENERAL CONDITIONS
1. This permit shall become voidable unless the ash reuse program activities are carried out in accordance
with the conditions of this permit, the supporting materials, 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 that 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
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. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to
an enforcement action by the Division in accordance with North Carolina General Statute 143-215.6.
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 deems necessary in order to adequately protect the environment
and public health.
Permit issued this th%24th day of June, 1998
MANAGEMENT COMMISSION
A:. -Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0010690