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HomeMy WebLinkAboutWQ0012759_Final Permit_19970812State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Richard D. Ferguson, Plant Manager E. I. DuPont de Nemours & Company, Inc. Post Office Box 2042 Wilmington, North Carolina 28402 Dear Mr. Ferguson: A& �EHNR August 12, 1997 Subject: Permit No. WQ0012759 E. I. DuPont de Nemours & Company, Inc. Land Application of Wastewater Residuals Brunswick County In accordance with your request for a permit amendment received on April 2, 1997, in the form of a "Petition for a Contested Case Hearing", the follow-up comments received July 8, 1997 from. Patricia McGee, and the Notice of Withdrawal submitted July 30, 1997 to the Office of Administrative Hearings, we are forwarding herewith Permit No. WQ0012759 dated August 12, 1997, to E. I. DuPont de Nemours & Company, Inc. for the operation of the subject land application program. This permit is final and binding. This permit shall be effective from the date of issuance until August 31, 2000, shall void Permit No. WQ0012759 issued February 28, 1997, 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 you need additional information concerning this matter, please contact Mr. Michael D. Allen at (919) 733-5083 extension 547, Sincerely, A. Preston Howard, Jr., P.E. cc: Bart Njoku-Obi, Associate Attorney General Brunswick County Health Department Wilmington Regional Office, Water Quality Section Wilmington Regional Office, Groundwater Section Bob Cheek, Groundwater Section, Central Office Training and Certification Unit (no revised rating) Facilities Assessment Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper 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 E. I. DuPont de Nemours & Company, Inc. Brunswick County FOR THE operation of a wastewater residuals land application program consisting of a 12 acre sludge lagoon, a 23 acre land application site and a 13 acre land application site for the application of 1,500 dry tons per year of residuals from the sources listed in Condition II 5, with no discharge of wastes to the surface waters, pursuant to the request for a permit amendment received on April 2, 1997, in the form of a 'Petition for a Contested Case Hearing", 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 August 31, 2000, shall void Permit No. WQ0012759 issued February 28, 1997, and shall be subject to the following specified conditions and limitations: L PERFORMANCE STANDARDS The Wilmington Regional Office, telephone number (910) 395-3900, 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. 2. This permit shall become voidable if the soils fail to adequately assimilate the wastes 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. 3. 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.. 4. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or groundwaters resulting from the operation of this program. 5. In the event that the land application program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall take appropriate actions needed to resolve or relieve nuisance situations as may be required by the Division. 6. Some of the buffers specified below may not have been included in previous permits for this land application operation. However, any sites or fields that are included in this permit, but were approved with different applicable buffers shall be reflagged to comply with the below buffers. The following buffer zones shall be maintained: a) 400 feet from residences or places of public assembly under separate ownership for surface application method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and approval from the appropriate DWQ regional office, b) 200 feet from residences or places of public assembly under separate ownership for subsurface residual injection method; however, the buffer zone requirement may be reduced to a minimum of 100 feet upon written consent of the owner and the appropriate DWQ regional office, c) 100 feet from any public or private water supply source, waters classified as SA or SB, and any Class I or Class IT impounded reservoir used as a source of drinking water for both methods, d) 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, e) 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, f) 50 feet from property lines for both surface and subsurface application methods; g) 50 feet from public right of ways for both application methods, h) 10 feet from upslope interceptor drains and surface water diversions for both application methods, i) 25 feet from downslope interceptor drains, surface water diversions, groundwater drainage systems and surface drainage ditches for both application methods. 7. A spill prevention and control procedure shall be maintained at the facility which addresses the proper procedure for mitigating, reporting, and initiating clean-up of spills. 8. No residuals at any time shall be stored at any application site, unless approval has been requested and obtained from the Division of Water Quality. 9. Maximum slope for residual application shall be 10% for surface application and 18% for subsurface applications. 10. When wastewater residuals are applied, the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduced Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix 11 shall be met. Although 40 CFR Part 503 is not applicable to the DuPont Cape Fear Site, the site may choose to demonstrate compliancy of the pathogen reduction requirements by complying with the Class B pathogen reduction methods outlined in 40 CFR Part 503. Additionally, an evaluation must be performed which demonstrates the residuals ability to comply with this requirement. Upon request, a copy of this evaluation must be submitted including all test results and calculations. II. OPERATION AND MAINTENANCE REQUIREMENTS The facilities and application sites shall be properly maintained and operated at all times. 2. A suitable vegetative cover, as listed in condition IT 4, shall be maintained in accordance with the crop management plan outlined by the local Extension Office of the Department of Agriculture, the Natural Resource Conservation Service, or other agronomist, and approved by this Division. 2 3. An acceptable pH must be maintained in the soil, residual and lime mixture, greater than 6.0, on all land application sites to insure optimum yield for the crop(s) specified below. The agronomist shall provide information on the pH best suited for the specified crop and the soil type. 4. The application rates shall not exceed those established in a crop management plan developed by the local Extension Office of the Department of Agriculture, the Natural Resource Conservation Service, or other agronomist. 5. No residuals other than the following are hereby approved for land application in accordance with this permit: Permit Volume Source County Number (dry tons/year) E. 1. DuPont de Nemours & Company, Inc. Cape Fear Site Brunswick NC0000663 1,500 6. The lifetime heavy metal loadings shall not exceed the following for the corresponding Cation Exchange Capacities (CEC): Lifetime Loadings lbs/acre Parameter CEC < 5 CEC 5 - 15 CEC > 15 Lead 500 1000 2000 Zinc 250 500 1000 Copper 125 250 500 Nickel 125 250 500 Cadmium 4.5 9 18 7. Upon classification of the facility by the Certification Commission, the Permittee shall employ a certified land application/residuals operator to be in responsible charge (ORC) 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. 8. Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored residuals into any surface waters. 9. For areas that are prone to flooding, residuals may be applied only during periods of dry weather. 10. Appropriate measures must be taken to control public access to the land application sites during active site use and for the 12-month period following the last residual application event. 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. Animals shall not be grazed on an application site for 30 'days after residuals application. Application sites that are to be used for grazing shall have fencing that will be used to prevent access after each application. 13. Food crops, feed crops and fiber crops that do not come in contact with the residuals shall not be harvested for 30 days after residuals application. m 14. Food crops with harvested parts that touch the residual/soil mixture and are totally above the land surface (ex. tobacco, melons, cucumbers, squash, etc.) shall not be harvested for 14 months after residuals application. 15. Food crops with harvested parts below the surface of the land (root crops such as potatoes, carrots, radishes, etc.) shall not be harvested for 20 months after application of residuals when the residuals remain on the land surface for four (4) months or longer prior to incorporation into the soil. 16. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of residuals when the residuals remain on the land surface for less than four (4) months prior to incorporation into the soil. 17. Turf shall not be harvested for 1 year after residuals application if the turf is to be placed on land with a high potential for public exposure. 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 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. date of residual application b. location of residual application (site, field, or zone #) c. weather conditions (sunny, cloudy, raining, etc.) d . soil conditions e. type of crop or crops to be grown on field f. volume of residuals applied in gallons/acre, dry tons/acre or kilograms/hectare g. 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 cadn ium, 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. The Standard Soil Fertility Analysis shall include, but is not necessarily limited to, the following parameters: Acidity Manganese Potassium Calcium Percent Humic 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 pollutants shall be conducted once prior to permit renewal on soils from each site which has received residuals during the permit cycle. Cadmium Lead Nickel 4 4. A residuals analysis will be conducted quarterly from the date of permit issuance by the Permittee 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 and for the pathogen density requirements, 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 TCLP analysis shall include the following parameters (please note the regulatory level in mg/L in parentheses): Arsenic (5.0) Benzene (0.5) Carbon tetrachloride (0.5) Chlorobenzene(100.0) Chromium (5.0) m-Cresol (200.0) Cresol (200.0) 1,4-Dichlorobenzene (7.5) 1,1-Dichloroethylene (0.7) Endrin (0.02) Hexachlorobenzenc (0.13) Hexachloroethane (3.0) Lindane (0.4) Methoxychlor (10.0) Nitrobenzene (2.0) Pyridine (5.0) Silver (5.0) Toxaphene (0.5) 2,4,5-Trichlorophenol (400.0) 2,4,5-TP (Silvex) (1.0) Barium (100.0) Cadmium (1.0) Chlordane (0.03) Chloroform (6.0) o-Cresol (200.0) p-Cresol (200.0) 2,4-D (10.0) 1,2-Dichloroethane (0.5) 2,4-Dinitrotoluene (0.13) Heptachlor (and its hydroxide) (0.008) Hexachloro-1,3-butadiene (0.5) Lead (5.0) Mercury (0.2) Methyl ethyl ketone (200.0) Pentachlorophenol (100.0) Selenium (1.0) Tetrachloroethylene (0.7) Trichloroethylene (0.5) 2,4,6-Trichlorophenol (2.0) Vinyl chloride (0.2) 6. All residuals included in this permit must be monitored quarterly from the date of permit issuance, for compliance with condition 111 of this permit. Data to verify stabilization of the residuals must be maintained by the Permittee. The required data is specific to the stabilization process utilized, but should be sufficient to clearly demonstrate compliance the Class B pathogen requirements as defined in 40 CFR Part 503 or the Process to Significantly Reduced Pathogens (PSRP) as defined in 40 CFR Part 257 Appendix II. After the residuals have been monitored for two years at the above frequency, the Permittee may request a permit modification for the reduction of the frequency of monitoring for pollutant concentrations and for the pathogen density requirements, but in no case shall the frequency of monitoring be less than once per year when residuals are applied to the land. 5 7. Three copies of all required monitoring and reporting requirements as specified in conditions III 1, III 2, III 3, III 4, III 5, and III 6 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 Facility Assessment Unit PO Box 29535 Raleigh, NC 27626-0535 8. Noncompliance Notification: The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910) 395-3900, as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence 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 five (5) 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 The three (3) existing monitor wells designated as MW-1 (IA), MW-2 (2A), and MW-3 (3A), as shown on Attachment A, shall be sampled every December for the following parameters: NO3 Chloride Ammonia Nitrogen TDS Water Level Lead PH Total Phosphorous Chromium Copper Manganese Cobalt Zinc Nickel Seri-Volatiies Volatile Organic Compounds by Method 6230D below Method 6230D (Capillary - Column), "Standard Methods For The Examination of Water and Wastewater", 17th ed., 1989 6 The measurement of water levels must be made prior to sampling for the remaining parameters. The depth to water in each well shall be measured from the surveyed point on the top of the casing. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the relative elevation of the measuring point for each monitoring well. If any volatile organic compounds are detected by Method 6230D, then the Wilmington Regional Office Groundwater Supervisor, telephone number (910) 395-3900, must be contacted immediately for further instructions regarding any additional follow-up analyses required. The results of all initial and follow-up analyses must be submitted simultaneously. The results of the sampling and analysis must be received on Form GW-59 (Groundwater Quality Monitoring: Compliance Report Form) by the Groundwater Section, Permits and Compliance Unit, P_O. Box 29578 Raleigh, N.C. 27626-0578 on or before the last working day of the month following the sampling month. 2. 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) 50 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 pennittee. 3. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 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 Water Quality or other permitting authority, upon request. 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 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. V 1. 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 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. 4. The following are approved sites for residuals application (see attached map[s]): Application Area [acres] Site No. Owner/Lessee (excluding buffers) Brunswick County 1 (West) E. I. DuPont de Nernours & Company, Inc. 23.0 2 (South) E. I. DuPont de Nemours & Company, Inc. 13.0 3 (Lagoon) E. I. DuPont de Nemours & Company, Inc. 12.0 TOTAL ACRES IN COUNTY 48.0 TOTAL AVAILABLE ACRES 48.0 5. 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 Statute 143-215.6(a) to 143-215.6(c). 6. 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 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 Water Quality deems necessary in order to adequately protect the environment and public health. 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 twelfth day of August, 1997 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION A. Preston Howard, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Cominission Permit Number WQ0012759