HomeMy WebLinkAboutWQ0010928_Final Permit_19960424State 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
April 24, 1996
Mr, John J. Nicholls, Plant Manager
Specialty Minerals, Incorporated
Post Office Box 340
Plymouth, NC 27962
kT1.1;VA
[DEHNR
Subject: Permit No. WQ0010928 Amendment
Specialty Minerals, Incorporated
Land Application of Process Residuals
Washington County
Dear Mr. Nicholls:
In accordance with your modification request received on February 13, 1996, we are forwarding
herewith Permit No. WQ0010928, as amended, dated April 24, 1996, to Specialty Minerals,
Incorporated, for the continued operation of a process residuals land application program. The requested
modifications (in italics) and the Division's responses to each are outlined below.
1) Remove the reference to wastewater in the process description.
IR) The word "wastewater" has been removed from the process description.
2) Allow up to 4,000 dry tons of PCC residuals per year to be stored at the site on the Saunders
farm which was previously approved for temporary storage.
2R) Condition I.10 has been modified to allow this storage provided that there is no runoff from
the site.
3) Modify Condition I1.4 to indicate a yearly production of 3,000 dry tons per year of PCC
residuals, and to indicate the allowed storage capacity of 4,000 dry tons per year.
3R) Since the storage site is no longer temporary, and its capacity is already listed in condition
I.10, there is no need to list it as a source of residuals. The current production rate of 2,500
dry tons of PCC residuals each year is in accordance with the previously submitted
application and ensuing discussions. In order to increase this rate, the permittee should make
formal application, providing justification and a modification fee, for the Division to do so.
The formal modification request will be considered on its merits, and may or may not be
approved.
4) Change the wording of condition IL 15 so that it better fits the current situation at the facility.
4R) The suggested wording has been incorporated into the permit.
5) Reduce TCLP Analysis requirements unless there is a sign if cant process change.
5R) The suggested wording has been incorporated into the permit, with minor modifications.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
Calculations have shown that the acreage included in this permit may not be adequate to handle all
of the residuals continuing to be produced by the subject facility. Accordingly, additional acreage or
alternate uses for the residuals must be procured prior to the development of any problems (e.g. "running
out of land"). Once the additional acreage is located or the alternate uses are developed, this permit must
be formally modified to incorporate the necessary changes.
This permit shall be effective from the date of issuance until September 30, 2000, shall void Permit
No. WQ0010928 issued October 4, 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 I50B 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 matter, please contact Mr. J. Ray Cox at (919)
733-5083, extension 549.
Sincerely,
A. Presto Howard, Jr., P.E.
cc: Washington County Health Department
Washington Regional Office, Water Quality Section
Washington Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
Training and Certification Unit (no revised rating)
Facilities Assessment Unit
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES
RALEIGH
RESIDUALS LAND APPLICATION 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
Specialty Minerals, Incorporated
Washington County
FOR THE
operation of a process residuals land application program consisting of the application of approximately
2,500 dry tons per year of residuals screened from the Precipitated Calcium Carbonate production process
of Specialty Minerals, Incorporated, to approximately 1,250 acres of land in Washington County with no
discharge of wastes to the surface waters, pursuant to the modification request received on February 13,
1996, 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 September 30, 2000, shall void Permit
No. WQ0010928 issued October 4, 1995, and shall be subject to the following specified conditions and
]iinitations:
I. PERFORMANCE STANDARDS
1. Prior to the initial application of residuals to any site, a standard soil fertility analysis shall
be performed for the site, the results and proposed loading rates submitted to the Division's
Central Office, Permits and Engineering Unit, and approval received from that office to
proceed with land application.
2. The Washington Regional Office, telephone number (919) 946-6481, and the appropriate
local governmental official (county manager/city manager) shall be notified at least twenty-
four (24) hours prior to the initial application of the residuals to a site so that an inspection
can be made of the application sites and application method. Such notification to the
regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00
p.m. on Monday through Friday, excluding State Holidays. In addition, the Washington
County Manager's office must be notified prior to the initial application so that they will be
aware that the operation has commenced.
3. This permit shall become voidable if the soils fail to adequately assimilate the residuals and
may be rescinded unless the sites are maintained and operated in a manner which will
protect the assigned water quality standards of the surface waters and ground waters.
4. 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.
5. 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.
6. In the event that the land application 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 as may be required by the Division.
7. The following buffer zones shall be maintained:
a) 100 feet from any public or private water supply source, waters classified as SA or SB,
and any Class I or Class II impounded reservoir used as a source of drinking water for
surface or subsurface application,
b) 100 feet from any streams classified as WS or B, any other stream, canal, marsh or
coastal waters and any other lake or impoundment for surface application,
c) 50 feet from any streams classified as WS or B, any other stream, canal, marsh or
coastal waters and any other lake or impoundment for subsurface application,
d) 10 feet from upslope interceptor drains and surface water diversions for both
application methods,
e) 25 feet from downslope interceptor drains, surface water diversions, groundwater
drainage systems and surface drainage ditches for both application methods.
8. A copy of this permit shall be maintained at the land application site when residuals are
being applied during the life of this permit. A spill prevention and control plan shall be
maintained in all residuals transport and application vehicles.
9. Specific residual application area boundaries shall be clearly marked on each site prior to
and during application.
10. Residuals may be stored at the Saunders farm in the location which was previously
approved for temporary storage. The maximum quantity of residuals which may be stored
at the site at any time is 4,000 dry tons. The storage site shall be constructed and
maintained in such a manner as to prevent surface runoff from entering or leaving the
storage area. No residuals shall be stored at any other site at any time, unless approval has
been requested and obtained from the Division of Environmental Management.
11. Maximum slope for residual application shall be 10% for surface application and 18% for
subsurface applications.
II. OPERATION AND MAINTENANCE REQUIREMENTS
1. The facilities and application sites shall be properly maintained and operated at all times.
2. A suitable vegetative cover shall be maintained in accordance with the crop management
plan outlined by the local Extension Office of the Department of Agriculture, or the Soil
Conservation Service, or other agronomist, and approved by this Division.
3. An acceptable pH must be maintained in the soil and residual mixture, 'no less than 6.0, and
no greater than that required to insure optimum yield for the applicable crop(s) on all land
application sites. The agronomist shall provide information on the pH best suited for the
specified crop and the soil type. Specific application rates shall be based on this
information in combination with the annual standard soil fertility tests.
2
H
5.
No residuals other than the following are hereby approved for land application in
accordance with this permit:
Estimated
Source County Volume (dEy tons/year)
Specialty Minerals, Inc. Washington 2,500*
'Does not include residuals which are currently stockpiled.
The lifetime heavy metal loadings shall not exceed the following for the corresponding
Cation Exchange Capacities (CEC):
Lifetime Loadingsabs/acre)
Parameter
CEC < 5
Lead
500
Zinc
250
Copper
125
Nickel
125
Cadmium
4.5
CEC 5 - 15
CEC > 15
1000
2000
500
1000
250
500
250
500
9
18
6. Upon classification of the facility by the Certification Commission, the Permittee shall
employ a certified land application/residuals operator to be in responsible charge (QRC) of
the land application program. The operator must hold a certificate of the type classification
assigned to the land application program by the Certification Commission. The Permittee
must also employ a certified back-up operator of the appropriate type to comply with the
conditions of Title 15A NCAC 8A, .0202.
7. Adequate procedures shall be provided to prevent surface runoff from carrying any
disposed or stored residuals into any surface waters.
8. Surface applied residuals will be plowed or disced within twenty-four (24) hours after
application on lands with no cover crop established.
9. For areas that are prone to flooding or within the 100-year flood elevation, residuals may
be applied only during periods of dry weather. The residuals must be incorporated into the
soil within twenty-four (24) hours after application.
10. Appropriate measures must be taken to control public access to the land application sites
during active site use. Such controls may include the posting of signs indicating the
activities being conducted at each site.
11. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying pollutants from the residuals application area onto the adjacent property or into
any surface waters.
12. Residuals shall not be applied in inclement weather or until 24 hours following a rainfall
event of 1/2-inch or greater in 24 hours. Any emergency residuals disposal measures must
first be approved by the Division of Environmental Management.
13. Residuals shall not be applied to any land application site that is flooded, frozen or snow-
covered.
14. Residuals shall not be applied at rates greater than agronomic rates for agricultural liming
agents, unless authorized by the Division. The annual standard soil fertility tests and
specific crop requirements shall be utilized to determine the specific application rates for
each field.
15. Adequate measures shall be taken to prevent or collect runoff from any loading facilities at
the Specialty Minerals, Incorporated, facility. Any runoff collected shall be routed to
proper treatment facilities.
MONITORING AND REPORTING REQUIREMENTS
Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division of Environmental Management 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 application activities.
These records shall include, but are not necessarily limited to the following information:
a. source of residuals
b . date of residual application
c. location of residual application (site, field, or zone #)
d . method of application
e. weather conditions (sunny, cloudy, raining, etc.)
f. soil conditions
g. type of crop or crops to be grown on field
h. volume of residuals applied in gallons/acre, dry tons/acre or kilograms/hectare
i. annual and cumulative totals of dry tons/acre of residuals, annual and cumulative
pounds/acre of each heavy metal (which shall include, but not be limited to cadmium,
copper, lead, nickel, and zinc), annual pounds/acre of plant available nitrogen (PAN),
and annual pounds/acre of phosphorus applied to each field.
3. A representative annual soils analysis (Standard Soil Fertility Analysis) shall be conducted
on each site receiving residuals in the respective calendar year and the results maintained on
file by the Permittee for a minimum of five years. This annual analysis shall be utilized in
conjunction with specific crop requirements to determine the allowable loading rate for the
next application period.
The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the
following parameters:
Acidity Manganese Potassium
Calcium Percent Hurnic Matter Sodium
Copper pH Zinc
Magnesium Phosphorus
Base Saturation (by calculation)
Cation Exchange Capacity
The Standard Soil Fertility Analysis (see above) and an analysis for the following metals
shall be conducted once prior to permit renewal on soils from each site which has received
sludge during the permit cycle.
Cadmium
Lead
Nickel
4
4. A residuals analysis will be conducted quarterly from the date of permit issuance by the
Permittec and the results maintained on file by the Permittee for a minimum of five years.
If land application occurs at a frequency less than quarterly, a residuals analysis will be
required for each instance of land application. The residuals analysis shall include but is
not necessarily limited to the following parameters:
Cadmium
Nitrate -Nitrite Nitrogen
Copper
% Total Solids
Lead
pH
Nickel
Phosphorus
Zinc
Plant Available Nitrogen (by calculation)
Aluminum
Potassium
Ammonia. -Nitrogen
Sodium
Calcium
TKN
Magnesium
After the residuals have been monitored for two years at the above frequency, the Permittee
may submit a request to the Division for a permit modification for the reduction of the
frequency of monitoring for pollutant concentrations, but in no case shall the frequency of
monitoring be less than once per year when residuals are applied to the land.
5. A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the
Permittee annually. The first TCLP analysis shall include the following parameters (please
note the regulatory level in mg1L 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)
If pesticide and herbicide concentrations in the first analysis are negligible or not detectable,
the remaining required TCLP analyses shall include at least metals analyses. A complete
TCLP analysis shall be required prior to permit renewal, or in the event of a significant
process or lime supply change.
6. Three copies of all required monitoring and reporting requirements as specified in
conditions 1111, III 2, III 3,11I 4 and 1115 shall be submitted annually on or before March
1 of the following year to the following address:
NC Division of Environmental Management
Water Quality Section
Facility Assessment Unit
PO Box 29535
Raleigh, NC 27626-0535
7. Noncompliance Notification:
The Permittee shall report by telephone to the Washington Regional Office, telephone
number (919) 946-6481, as soon as possible, but in no case more than 24 hours or on the
next working day following the occurrence or first knowledge of the occurrence of any of
the following:
a. Any occurrence with the land application program which results in the land application
of significant amounts of wastes which are abnormal in quantity or characteristic.
b . Any failure of the land application program resulting in a release of material to receiving
waters.
c. Any time that self -monitoring information indicates that the facility has gone out of
compliance with the conditions and limitations of this permit or the parameters on
which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system transporting residuals 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.
I V . GROUNDWATER REQUIREMENTS
1. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in
15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is
for the disposal system constructed after December 31, 1983 is established at either (1) 250
feet from the waste disposal area, or (2) 54 feet within the property boundary, whichever is
closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or
beyond the Compliance Boundary is subject to immediate remediation action in addition to
the penalty provisions applicable under General Statute 143-215.6A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the
disposal systems midway between the Compliance Boundary and the perimeter of the
waste disposal area. Any exceedance of standards at the Review Boundary shall require
remediation action on the part of the permittee.
2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be
provided.
3. No land application of waste activities shall be undertaken when the seasonal high water
table is less than three feet below land surface.
V . INSPECTIONS
The Permittee or his designee shall inspect the residuals storage, transport, and application
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 maintain 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 five years from the date of the inspection and shall be made available to the
Division of Environmental Management or other permitting authority, upon request.
IN
2. 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 application site or 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 land application 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 automatically transferable. In the event that there is a desire for the
facilities to change ownership or a name change of the Permittee, a forma] permit request
must be submitted to the Division of Environmental Management accompanied by an
application fee, documentation from the parties involved, and other supporting materials as
may be appropriate. The approval of this request will be considered on its merits and may
or may not be approved.
4. The following are approved sites for residuals application (see attached map(s)):
Application Area [acres]
Site No Owner/Lessee (excluding buffers
1 R. Saunders 1,250
TOTAL AVAILABLE ACRES 1,250
5. Failure to abide by the conditions and limitations contained in this permit may subject the
Pern-dttee to an enforcement action by the Division of Environmental Management in
accordance with North Carolina General Statute 143-215.6(a) to 143-215.6(c).
6. The annual administering and compliance fee must be paid by the Pennittee within thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit as specified by 15 NCAC 2H .0205
(c)(4).
7. 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.
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.
9. This permit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division of Environmental Management deems
necessary in order to adequately protect the environment and public health.
7
10. This permit shall become voidable unless the agreements between the Permittee and the
landowners/lessees are in full force and effect. The land owner agreements are considered
expired concurrent with the expiration date of the permit and must be renewed at the same
time the permit is renewed.
Permit issued this the twenty-fourth day of April, 1996
NORTH CAROLINA ENVIRONMENTAL MANAG
A. Preston Ho ard, Jr., P.E., Director /
Division of En ironmental Management
By Authority of the Environmental Management Commission
Permit Number WQ0010928
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