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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. _ ==tt PF,7ECT,' , : _CTIC:. 1c": _ ,ias 'orvtce ( enr-:. F !f ;or , Co-rc;nz.27," 1: 0"o Noi-thCr` r-,)J1ita b ',,7tf1 "ai Mr. Andrews 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