HomeMy WebLinkAboutWQ0016338_Final Permit_20110824NCDENR
North Carolina Department of 'Environment and Natural resources
Beverly Eaves Pardue
uovernor
Mr. Randall Andrews
Alchem, Inc.
8135 Red Road
Rockwell, NC 28138
Dear Mr. Andrews:
Division of Water Quality
Coleen H. Sullins
Director
August 24, 2011
Dee Freeman
Secretary
Subject: Permit No. WQ0016338
Alchem, Inc.
Surface Disposal of Bauxite
Residuals Monofill
Rowan County
In accordance with your permit minor modification request received April 15, 2011, we are
forwarding herewith Permit No. WQ0016338, dated August 24, 2011, to Alchem, Inc. for the operation of
the subject residuals management program.
Modifications to the subject permit are as follows:
Attachment A, sampling requirements of bauxite material are suspended. Note that addition
of Bauxite material to the permitted surface disposal units is prohibited.
• Condition I.1., within 30 days of permit issuance, documentation regarding current site
activity (i.e. what material is being produced, etc.) shall be submitted to the Division.
Condition I.2., regarding the requirement for closure plan and post -closure management care
program. submission.
Condition I.3., upon completion of the clean out and closure of the lagoons, a certification
shall be submitted from a licensed North Carolina Professional Engineer certifying that the
lagoons have been properly closed in accordance with the approved closure plan.
• Condition VI.7., the Permittee shall maintain this permit until all permitted facilities herein are
properly closed or permitted under another permit issued by the appropriate permitting
authority pursuant to 15A NCAC 02T .01050).
• Please note that a related wastewater recycle permit (WQ0002702) is affected by the shutdown
of the alum production. The Permittee shall submit a permit modification or rescission request
to address future plans of the recycle system.
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August 24, 2011
Page 2 of 2
On August 5, 2009, Session Law 2009406 and 2010-177, was enacted by the General
Assembly and signed into law. The Act extends the expiration date of certain government
approvals and permits. Non -discharge permit, WQ0016338, issued by the Division of Water Quality
falls within the scope of this Act and is therefore being extended until November 30, 2015. Please
note per your permit, a renewal application must still be submitted six months in advance of the
extended expiration date.
This permit shall be effective from the date of issuance until November 30, 2015, shall void
Permit No. WQ0016339 issued December 28, 2006, and shall be subject to the conditions and limitations
as specified therein. Failure to establish an adequate system for collecting and maintaining the required
operational information shall result in future compliance problems.
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 forth 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 Chonticha McDanieI at
(919) 715-6188 or Chonticha.mcdaniel@ncdenr.gov.
Sincerely,
�r Coleen H. Sulli.ns
cc: Rowan County Health Department
Mooresville Regional Office, Aquifer Protection Section
Technical Assistance and Certification Unit
Permit File WQ0016338
Notebook File WQ0016338
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
SURFACE DISPOSAL OF BAUXITE RESIDUAL SOLIDS 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
Alchem, Inc.
Rowan County
FOR THE
operation of a residuals management program for A.lchern, Inc, and consisting of the surface disposal of
bauxite residuals generated by the approved facilities listed in Attachment A to the approved site located
at 8135 Red Road, Rockwell, North Carolina, with no discharge of wastes to surface waters, pursuant to
the application received April 15, 2011, and in conformity with the project plans, specifications, and other
supporting data subsequently filed and approved by the Department of Environment 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 257. This permit does not exempt the Permittee from complying
with the federal regulations.
This permit shall be effective from the date of issuance until November 30, 2015, shall void Permit No.
WQ0016338 issued December 28, 2006, and shall be subject to the following specified conditions and
limitations:
I. SCHEDULES
I. Within 30 days of permit issuance, documentation regarding current site activity (i.e. what material is
being produced, etc.) shall be submitted to the Division of Water Quality, Aquifer Protection Section,
1636 Mail Service Center, Raleigh, NC 27699-1636.
2. Within 90 days of permit issuance, the Permittee shall submit a formal closure plan and post -closure
management care program, an implementation schedule indicating a closure date to be no longer than
12 months from the permit issuance. The closure plan, at minimum, shall include the following:
a) Confirmation that the cap is installed, or will be installed over existing fill area,
b) Permittee's future plans for the land, and
c) Long-term groundwater monitoring program.
Submittals prepared in accordance with the United States Environmental Protection Agency's Office
of Research and Development document entitled "Process Design Manual: Surface Disposal of
Sewage Sludge and Domestic Septage (EPA/625/R-95/002)" are acceptable.
WQ0016338 Version 2.1 Shell Version 101116 Paae 1 of S
Note that the lagoon closure shall not allow any maternal to be buried in the fill area unless the
Permittee is able to demonstrate that the waste has been treated and disposed properly under the
requirements of this permit. Submit three copies of all information to the Division of Water Quality,
Aquifer Protection Section, 1636 Mail Service Center, Raleigh, NC 27699-1636.
3. Upon completion of the clean out and closure of the lagoons, a certification shall be submitted from a
licensed North Carolina Professional Engineer certifying that the lagoons have been properly closed
in accordance with the approved closure plan.
4. The Mooresville Regional Office, telephone number (704) 663-1699, shall be notified within 48
hours after (excluding weekends and holidays) the closure of the surface disposal unit has been
completed such that an in -place inspection can be made. Notification to the Aquifer Protection
Section's regional supervisor shall be made from 5:00 a.m. until 5:00 p.m. on Monday through
Friday, excluding State Holidays.
No later than six months prior to the expiration of this permit, 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.
d) 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
disposal of residuals to the surface disposal unit, contact the Mooresville regional office's Aquifer
Protection Section 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. Only residuals generated by the facilities listed in Attachment A are approved for surface disposal in
accordance with this permit.
4. Pollutant concentrations in residuals for surface disposal shall not exceed the following Ceiling
Concentrations (dry weight basis):
Distance from Surface Disposal Unit
Boundary to Closest Property Line
(meters)
Ceiling Concentration
(milligrams per kilogram)
Arsenic
Chromium
Nickel
0 to < 25
30
200
210
25 to < 50
' 34
220
240
50 to < 75
39
260
270
75 to < 100
46
300
320
100 to < 125
53
360
390
125 and greater
62
450
420
5. Only residuals that are non -hazardous under the Resource Conservation and Recovery Act (RCRA)
shall be disposed in the surface disposal unit.
WQ0016338 Version 2.1 She11 Version 101116 Page ? of 8
6. Setbacks for surface disposal units shall be as follows:
Setback Description
Setback
(feet)
Habitable residence or place of public assembly under separate ownership or not to
400
be maintained as part of the prqject site
Property lines
50
Private or public water supply
100
Surface waters (streams — intermittent and perennial, perennial waterbodies, and
100
wetlands)
Interceptor drains or Surface water diversions (upslope)
10
Interceptor drains or Surface water diversions (downslope)
25
Groundwater lowering system, and surface water drainage ditches
25
7. The compliance boundary residual land application sites shall be specified in accordance with 15A
NCAC 02L .0107(b). These sites were individually permitted on or after December 30, 1983;
therefore, the compliance boundary is established at either 250 feet from the residual land application
area, or 50 feet within the property boundary, whichever is closest to the residual land application
area. 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.
8. In accordance with 15A NCAC 02L .0108, the review boundary shall be established midway between
the compliance boundary and the residual land application area. Any exceedance of groundwater
standards at the review boundary shall require action in accordance with 15A NCAC 02L .0106.
III. OPERATION AND MAINTENANCE REOi]IREMENTS
1. The residuals management 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. 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 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 Quality's Technical Assistance & Certification Unit at (919) 733-0026.
A copy of this permit shall be maintained at the surface disposal unit when residuals are being
disposed. The spill prevention and control plan shall be maintained in all residuals transport and
application vehicles.
4. Appropriate measures shall be taken to control public access to the surface disposal unit during active
use, and for the 36-month period following closure of the surface disposal unit. Such controls may
include fencing and the posting of signs indicating the activities conducted at each site.
5. Adequate provisions shall be taken to prevent surface runoff from any active surface disposal unit. If
runoff cannot be prevented, a collection system shall be installed with the capacity to handle runoff
from a 24-hour, 25-year storm event. All collected runoff shall be disposed in a Division approved
manner.
WQ0016338 Version 2.1 Shell Version 101116 Page 3 of 8
6. Adequate provisions shall be taken to prevent wind erosion from conveying residuals from the
surface disposal sites onto adjacent properties or into surface waters.
7. Food crops, feed crops and/or fiber crops shall not be grown on an active surface disposal unit, unless
approval has been requested and received from the Division.
8. No residuals shall be utilized for land reclamation within one foot of a seasonal high water table and
within three feet of a permanent water table.
9. No residuals shall be used as pipe bedding for sanitary sewer, storm sewer, or potable water lines.
10. The Permitee shall insure that the transportation of the residuals does not cause any adverse impact,
i.e. transport in a leak -proof truck for wet material, and ensure that trucks are covered for dry
material, or otherwise protected to prevent any adverse impact resulting from operation.
IV. MONITORING AND REPORTING REQUIREMENTS
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. Residuals shall be analyzed to demonstrate they are 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.
The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter
is in parentheses):
Arsenic (5.0)
1,4-Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5)
Pentachiorophenol (100.0)
Benzene (0.5)
1,1-Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1A)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5.0)
Chlordane (0.03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide)
0.008
Toxaphcne (0.5)
Chloroform (6.0)
Hexachloro-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)
WQ0016338 Version 2.1 Shell Version 101116 Page 4 of 8
3. An analysis shall be conducted at the frequency specified in Attachment A, and the Permittee shall
maintain the results for a minimum of five years. The analysis shall include the following
parameters:
Aluminum
Mercury
Chromium
Barium
Silver
Selenium
Arsenic
Nickel
Calcium
Cadmium
Manganese
zinc
Copper
pH
Phosphorus
Lead
Magnesium
Sodium
4. Laboratory parameter analyses shall be performed on the residuals as they are disposed, and shall be
in accordance with the monitoring requirements in 15A NCAC 02B .0505.
The Permittee shall maintain records tracking all residual surface disposal events. At a minimum,
these records shall include the following:
a. Date and freeboard level measurements in the surface disposal unit;
b. Source and date or residuals disposed of in the surface disposal unit;
c. Volume of residuals disposed of in the surface disposal unit in gallons per year, dry tons per year, or
kilograms per year;
d. Cumulative volume of residuals disposed of in the surface disposal unit in gallons or cubic yards (i,e.,
excluding freeboard);
e. Remaining volume in the surface disposal unit in gallons or cubic yards (i.e., excluding freeboard); and
f. An estimate of the remaining useful disposal life forth(-, surface disposal unit in years (i.e., excluding
freeboard).
Three copies of all required information, monitoring and reporting requirements as specified in
Conditions IV.2, IV.3, and IV. 5 shall be submitted annually on or before March 1 of the following
year to the following address:
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. Noncompliance Notification
The Permittee shall report by telephone to the Mooresville Regional Office, telephone number (704)
663-1699, 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 surface disposal program resulting in the land application of significant
amounts of wastes that are abnormal in quantity or characteristic.
b. Any failure of the surface disposal 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..
WQ0016338 Version 2.1 Shell Version 101116 Page 5 of F
v
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
reporting such occurrences by telephone shall also file a written report in letter form within five days
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.
Prior to each bulk residuals surface disposal event, the Permittee or his designee shall inspect the
residuals 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 Permittee 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 Permittee 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.
2. 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 permit; may inspect or
copy any records required to be maintained under the terms and conditions of this permit; 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 Permittee to
an enforcement action by the Division in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. This permit shall become voidable if the residuals land application events are not carried out in
accordance with the conditions of this permit.
3. This permit is effective only with respect to the nature and volume of residuals described in the
permit application and other supporting documentation_
4. The issuance of this permit does not exempt the Perinittee 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 Permit NCG010000; 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 name, a formal
permit 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 permit is issued to the new
owner.
The Permittee shall retain a set of Division approved plans and specifications for the life of the
facilities permitted herein.
WQ0016338 Version 2.1 Shell Version 101116 Page 6 of 9
T The Permittee shall maintain this permit until all permitted facilities herein are properly closed or
permitted under another permit issued by the appropriate permitting authority pursuant to 15A NCAC
02T .01050).
8. 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 .0110.
9. 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).
10. 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 permit pursuant to 15A
NCAC 02T .0105(e)(3).
Permit issued this the 240' day of August 2011
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
CaVeen Vullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0016338
WQ0016338 Version 2.1 Shell Version 101116 Page 7 of 8
THIS PAGE BLANK
WQ0016339 Version'_.1 Shell Version 101116 Page 8 of 9
ATTACHMENT A - Approved Residual Sources
Alcllent Incorporated Residuals Reuse Program
Certification Date: August 24, 2011
Perinit Number: WQ0016338 Version: 2.1
Owner
Facility Name
County
Permit
Biological
MaximumMonitoring
Dry Toni
Frequency for Non -hazardous
Z
Monitoring Frequency for
3
Number
Residuals
Per Year
Characteristics
Metals and Nutrients
Alchem, Inc.
Alchem, Inc. Leached Bauxite
Rowan
WQ0002702
No
0.00
N/A
NIA
Total
t1.00
'i'lie alnin production has been shut down; therefore, addition of bauxite material to the permitted disposal units is prohibited.
Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2.
`1 esting of metals and nutrients as stipulated under pertuit Condition IV.3.
Page 1 of I