HomeMy WebLinkAboutWQ0018087_Final Permit_20160222Water Resources
ENVIRONMENTAL QUALITY
February 22, 2016
PENNY C. MAHONEY — DIRECTOR OF SUSTAINABILITY
DAK AMERICAS, LLC
3147 SOUTH 17T" STREET — SUITE 300
WILMINGTON, NORTH CAROLINA 28412
Dear Ms. Mahoney:
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Subject: Permit No. WQ0018087
Cape Fear Manufacturing Facility
Surface Disposal of Class B
Residuals (Dedicated)
Brunswick County
In accordance with your permit adjudication request received December 8, 2015 for the now voided
permit issued November 10, 2015, and based upon subsequent discussions between the Permittee and the
Division of Water Resources, we are forwarding herewith Permit No. WQ0018087 dated February 22,
2016, to DAK Americas, LLC for the continued operation of the subject residuals management program.
Upon closure of the surface disposal unit (SDU) in accordance with the Department -approved Surface
Disposal Unit Closure Plan for the Cape Fear Facility of DAK Americas LLC, dated January 16, 2015, the
Permittee may submit a permit modification request to reduce the groundwater monitoring frequency, or
request a permit rescission.
Modifications to the subject permit are as follows: Four new monitor wells (MW -2B, MW -2C,
MW -21) & MW -2E) will be installed and will be monitored annually along with two existing wells (MW -
2 & MW -03A) for a list of groundwater monitoring parameters which has been expanded to include
Arsenic, Cadmium, Mercury and Selenium.
This permit shall be effective from the date of issuance until January 31, 2021, shall void Permit
No. W00018087 issued June 4, 2009, and shall be subject to the conditions and limitations as specified
therein. Please pay particular attention to the monitoring requirements listed in Attachments A and C, for
they may differ from the previous permit issuance. Failure to establish an adequate system for collecting
and maintaining the required operational information shall result in future compliance problems. Please
note that the capacity of the surface disposal unit is 194,000 cubic yards, that approximately 170,000
cubic yards have been utilized, and that the unit is no longer accepting residuals, and no expansion of
the dikes is allowed
State of North Carolina I Environmental Quality I Water Resources Water Quality Permitting I Non -Discharge Permitting
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6464
Ms. Penny C. Mahoney
February 22, 2016
Page 2 of 3
Please note that the following permit conditions have been removed since the last permit
issuance dated June 4, 2009:
➢ Old Condition I.1. — This condition has been met.
➢ Old Condition 1.2. — This condition has been met.
➢ Old Condition H.11. — This condition has been met.
➢ Old Condition III.2. — This condition is inherently covered under new Condition H, 1.
➢ Old Conditions N.6. & IV.7. — These conditions are inherently covered under new Condition
IVA.
➢ Old Condition VI.6. — This condition is inherently covered under new Conditions VI.6. & VI.7.
Please note the following permit conditions are new or have been modified since the last
permit issuance dated June 4, 2009:
➢ Condition I.1. — Addresses the closure plan and its implementation schedule.
➢ Condition I.2. — Requires well installation approval and notification of the Regional Office.
➢ Condition I.3. — Requires preparation of a new site map after well installation.
➢ Condition I.S. — Describes the procedure for renewing the permit.
➢ Condition II.7. — Requires biological residuals to meet pathogen requirements.
➢ Condition III.2. — Requires notification of the regional office prior to using a new disposal site.
➢ Condition III.3. — States the minimum requirements for an Operation and Maintenance Plan.
➢ Condition 111.4. — Requires retaining an ORC and a backup ORC for the facility.
➢ Condition III.6. — Prohibits public access to the facility before and after closure.
➢ Condition III.7. — Requires runoff from the cap to be handled through a stormwater NPDES
discharge permit.
➢ Condition III.9. — Prohibits crops from being grown on the surface disposal unit.
➢ Condition 111. 10. — Prohibits animal grazing on the surface disposal unit.
➢ Condition III. 11. — Describes the final cover system to be used on the surface disposal unit.
➢ Condition IV. 5. — Addresses the initial sampling and reporting of the new monitor wells.
➢ Condition TV.6. — Requires the well construction record for a new well to be submitted with
the initial sampling data.
➢ Condition IV. 10. — Requires the submission of an annual report before March 1s` of the
following year.
Ms. Penny C. Mahoney
February 22, 2016
Page 3 of 3
➢ Condition VI.6. —Allows the permit to be revoked or modified under certain conditions.
➢ Condition VI.7. — Prohibits expansion of the permitted facilities under certain circumstances.
➢ Attachment C — Expands the list of groundwater sampling parameters to include Arsenic,
Cadmium, Mercury & Selenium.
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 form 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 permit, please contact David Goodrich at (919)
807-6352 or by email at david.eoodrichna ncderingov.
Sincerely,
/
S. Jay Zimmerman, P.G., Director
Division of Water Resources
cc: Brunswick County Health Department (Electronic Copy)
Wilmington Regional Office, Water Quality Regional Operations Section (Electronic Copy)
Maureen T. Hoke, P.E. — O'Brien & Gere, (Maureen.Hoke(2obg com) (Electronic Copy)
Beth Buffington — Protection and Enforcement Branch (Electronic Copy)
Digital Permit Archive (Electronic Copy)
Central Files
THIS PAGE BLANK
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
SURFACE DISPOSAL OF CLASS B RESIDUALS PERMIT (DEDICATED)
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
DAK Americas, LLC
Brunswick County
FOR THE
continued operation of a residuals management program for DAK Americas, LLC and consisting of the
surface disposal of Class B residuals generated at the DAK Americas' Cape Fear Site to the approved
surface disposal unit with no discharge of wastes to surface waters, pursuant to the permit adjudication
request received December 8, 2015, and in conformity with other supporting data subsequently filed and
approved by the Department of Environmental Quality 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.
The disposal site, a 12 -acre pond known as the Surface Disposal Unit (SDU) includes an underdrain system
that feeds into a sump that overflows to a gauge -monitored overflow pond. This facility includes a drainage
ditch adjacent to the southwestern corner of the 12 -acre pond that has its flow pumped back for inclusion
into the system. The SDU was covered and ceased receiving residuals on August 10, 2015.
This permit shall be effective from the date of issuance until January 31, 2021, shall void Permit No.
W00018087 issued June 4, 2009 and shall be subject to the following specified conditions and limitations:
I. SCHEDULES
The Division shall be notified in writing when the Surface Disposal Unit (SDU) capping activities, and
decommissioning of the SDU's associated systems (underdrain system, sump, overflow pond, drainage
ditch, and appurtenances) conclude. The closure and post -closure care program for the SDU will be in
accordance with the Surface Disposal Unit Closure Plan (Closure Plan) and implementation schedule
submitted by DAK Americas LLC on January 16, 2015 and approved by the Division on letter dated
February 16, 2015, along with documents subsequently submitted to the Division. [15A NCAC 02T
.0108(b)(1), 02T .0108(b)(2), 02T .1109(c)(3)]
W00018087 Version 2.0 Shell Version 151201 Page 1 of 9
2. The Wilmington Regional Office, telephone number (910) 796-7215, shall approve monitoring wells
MW -213, MW -2C, MW -2D and MW -2E prior to installation, and the monitoring wells shall be installed
within 90 days of the effective date of this permit. The regional office shall be notified at least 48 hours
prior to the construction of any monitoring well, and such notification to the regional supervisor shall
be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding State Holidays. The
monitoring wells shall be constructed such that the water level in the well is never above or below the
screened (open) portion of the well at any time during the year, and in accordance with 15A NCAC
02C .0108. The general location and name for each monitoring well is marked on Figure 2. [15A
NCAC 02C .0108, 02T .0108(b)(2)]
3. Within 60 days of monitoring well completion, the Permittee shall submit two original copies of a site
map with a scale no greater than 1 -inch equals 100 feet; however, special provisions may be granted
upon prior approval for large properties. At a minimum, the map shall include the following
information:
a. The location and identity of each monitoring well.
b. The location of major components of the waste disposal system.
c. The location of property boundaries within 500 feet of the disposal areas.
d. The latitude and longitude of the established horizontal control monument.
e. The elevation of the top of the well casing (i.e., measuring point) relative to a common datum.
f. The depth of water below the measuring point at the time the measuring point is established.
g. The location of compliance and review boundaries.
h. The date the map is prepared and/or revised.
Control monuments shall be installed in such a manner and made of such materials that the monument
will not be destroyed due to activities taking place on the property. The map and any supporting
documentation shall be sent to the Division of Water Resources, Water Quality Permitting Section,
Non -Discharge Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. [15A NCAC
02C .0105(f), 02T .0108(b)(2)]
4. 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.
[15A NCAC 02T .0105(d), 02T .0108(b)(2), 02T .0109]
U. PERFORMANCE STANDARDS
1. 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 Wilmington Regional Office supervisor, and take
any immediate corrective actions. [G.S. 143-215.1]
2. This permit shall not relieve the Permittee of responsibility for damages to groundwater or surface
water resulting from the operation of this residuals management program. [I5A NCAC 02B .0200,
02L.0100]
3. All wells constructed for purposes of groundwater monitoring shall be constructed in accordance with
15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other
jurisdictional laws and regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Only residuals generated by the facilities listed in Attachment A are approved for surface disposal in
accordance with this permit. [G. S. 143-215.1]
WQ0018087 Version 2.0 Shell Version 151201 Page 2 of 9
5. Only the sites listed in Attachment B are approved for residuals surface disposal. [G.S. 143-215.1]
6. 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
[15A NCAC 02T.1 1051
Biological residuals that are placed in a surface disposal unit shall meet the pathogen reduction
requirements in 15A NCAC 02T .1106 and one of the vector attraction reduction alternatives in 15A
NCAC 02T .1107(b). Exceptions to these requirements shall be specified in Attachment A. [15A
NCAC 02T. 11051
8. 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
be maintained as part of the project site
400
Property lines
50
Public right of way
50
Private or public water supply source, all streams classified as WS or B, waters
classified as SA or SB and any Class I or Class II impounded reservoir used as a
100
source of drinking water
Surface waters (streams — intermittent and perennial, perennial waterbodies, and
wetlands), any stream, lake, river, or natural drainage way
100
Surface water diversions (ephemeral streams, waterways, ditches), or any
downslope interceptor drains or downslope surface water diversions, or any
25
groundwater lowering ditches or surface drainage ditches that are not part of the
system
Subsurface groundwater lowering system
25
Wells with exception to monitoring wells
100
[15A NCAC 02T.1 1081
9. The residual land application site was 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. [15A NCAC 02L .0107(a)]
WO0018087 Version 2.0 Shell Version 151201 Page 3 of 9
10. 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. [15A NCAC 02L .0108]
11. No wells, other than Division approved monitoring wells, shall be constructed within the compliance
boundary, except as provided by 15A NCAC 02L .0107(g). [15A NCAC 02L .0107(d)]
OPERATION AND MAINTENANCE REQUIREMENTS
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. [15A NCAC 02T .1110]
2. The Wilmington Regional Office, telephone number (910) 796-7215, and the appropriate local
government official (i.e., county manager, city manager, or health director) shall be notified at least 48
hours prior to the initial surface disposal event to any new land application site. Notification to the
regional supervisor shall be made from 8:00 a.m. until 5:00 p.m. on Monday through Friday, excluding
State Holidays. [15A NCAC 02T .0108(b)(1)]
3. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) Modifications
to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan,
at the minimum, shall include:
a. Operational functions;
b. Maintenance schedules;
c. Safety measures;
d. Spill response plan;
e. Inspection plan including the following information:
i. Names and/or titles of personnel responsible for conducting the inspections;
ii. Frequency and location of inspections, including those to be conducted by the ORC, and
procedures to assure that the selected location(s) and inspection frequency are representative
of the residuals management program;
iii. Detailed description of inspection procedures including record keeping and actions to be taken
by the inspector in the event that noncompliance is observed pursuant to the noncompliance
notification requirements under the monitoring and reporting section of the permit;
f. Sampling and monitoring plan including the following information:
i. Names and/or titles of personnel responsible for conducting the sampling and monitoring;
ii. Detailed description of monitoring procedures including parameters to be monitored;
iii. Sampling frequency and procedures to assure that representative samples are being collected.
Fluctuation in temperature, flow, and other operating conditions can affect the quality of the
residuals gathered during a particular sampling event. The sampling plan shall account for any
foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to
meet pathogen reduction requirements (e.g. facilities that land apply multiple times per year
but have an annual sampling frequency, may need to sample during winter months when
pathogen reduction is most likely to be negatively affected by cold temperatures).
[15A NCAC 02T.11001
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4. 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 his back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204,
or as specified in the most recently approved O&M plan (i.e., see Condition III.3), 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 Resources' Protection and Enforcement
Branch at (919) 707-9105. [15A NCAC 02T.01 171
5. A copy of this permit shall be maintained by DAK Americas, LLC and shall be made available to the
Division for inspection purposes and upon the Division's request. The spill prevention and control plan
shall be maintained in all residuals transport and application vehicles. [15A NCAC 02T .0108(b)(1)]
6. Appropriate measures shall be taken to prohibit public access to the surface disposal unit during active
use and after closure of the surface disposal unit. Such controls will include fencing and the posting of
signs indicating the activities conducted at each site. [15A NCAC 02T .1109(c)(2)(G)]
7. Adequate provisions shall be taken to prevent surface runoff from the SDU. All runoff collected in
accordance with 15A NCAC 02T .1109(c)(2)(D) shall be disposed in a Division approved manner.
[15A NCAC 02T . 1 109(c)(2)(C)]
8. Adequate provisions shall be taken to prevent wind erosion from conveying residuals from the surface
disposal sites onto adjacent properties or into surface waters. [15A NCAC 02T .1109(c)(2)(C)]
9. Food crops, feed crops and/or fiber crops shall not be grown on the surface disposal unit, unless
approval has been requested and received from the Division. [15A NCAC 02T .1109(c)(2)(I)]
10. Animal grazing shall not be permitted on the surface disposal unit, unless approval has been requested
and received from the Division. [15A NCAC 02T .1109(c)(2)(H)]
11. The final cover system for each cell of the surface disposal unit shall consist of four layers (a surface
reinforcement layer (biaxial geogrid polypropylene mesh), a floating modular layer, a biogas venting
system layer, and a high density polyethylene impermeable geomembrane layer), as described in
Section 5.0 of the Surface Disposal Unit Closure Plan. [15A NCAC 02T .1109(c)(3)]
12. This permit shall become voidable if operation of the surface disposal sites causes contravention of
surface water or groundwater standards, and may be revoked unless the surface disposal sites are
maintained and operated in a manner that will protect the assigned surface water and groundwater
quality standards. [15A NCAC 02T .0110]
13. Until the Division approves closure of the Overflow Pond, freeboard in the Overflow Pond shall not be
less than two feet at any time. The freeboard levels in the referenced Pond shall be monitored by an
individual gauge that is readily visible permanent markings indicating the maximum liquid level at the
top of the temporary liquid storage volume, minimum liquid level at the bottom of the temporary liquid
storage volume, and top of the dam elevations. Freeboard level in the referenced section of the unit
shall be monitored and recorded weekly (i.e., excluding weekends and State Holidays). [15A NCAC
02T .I109(b)(1)]
14. A protective vegetative cover shall be established on all protected areas and maintained on the
embankments of the 12 -acre lagoon (i.e., outside toe of embankment to maximum liquid level), berms,
pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody
vegetation shall not be allowed to grow on the unit dikes and embankments. All embankment areas
shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02T .1109(b)(1)]
W00018087 Version 2.0 Shell Version 151201 Page 5 of 9
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. [15A NCAC 02T .0108(c)]
2. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation
and Recovery Act (RCRA). Residuals that tests or is classified as a hazardous or toxic waste under 40
CFR Part 261 shall not be used or disposed under this permit. The analyses [corrosivity, ignitability,
reactivity, and toxicity characteristic leaching procedure (TCLP)l 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)
Pentachlorophenol (100.0)
Benzene (0.5)
1, 1 -Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
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)
Toxaphene (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)
[15A NCAC 13A .0102(b), 02T. 1101, 02T.1 1051
3. An analysis shall be conducted on residuals from each source generating facility 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:
Arsenic pH Nickel
Chromium Percent Total Solids
[15A NCAC 02T.1101]
4. Laboratory parameter analyses shall be performed on the residuals as they are disposed in the surface
disposal unit, and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505.
[15A NCAC 02B.0505]
5. Monitoring wells MW -2 (2A), MW -2B, MW -2C, MW -2D, MW -2E and MW -03A shall be sampled at
the frequencies and for the parameters specified in Attachment C. All mapping, well construction
forms, well abandonment forms and monitoring data shall refer to the permit number and the well
nomenclature as provided in Attachment C and Figure 2. [15A NCAC 02T .0105(m)]
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6. For initial sampling of the new monitoring wells, MW -213, MW -2C, MW -2D and MW -2E, the
Permittee shall submit a Compliance Monitoring Form (GW -59) and a Well Construction Record Form
(GW -1) listing this permit number and the appropriate monitoring well identification number. Initial
Compliance Monitoring Forms (GW -59) without copies of the Well Construction Record Forms (GW -
1) are deemed incomplete, and may be returned to the Permittee without being processed. [15A NCAC
02T .0105(m)]
Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Form (GW -59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Form (GW -59)
shall include this permit number, the appropriate well identification number, and one GW -59a
certification form shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[ 15A NCAC 02T .0105(m)]
8. 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 Overflow Pond;
b. Volume of residuals disposed of in the 12 -acre lagoon in gallons per day, dry tons per year, or
kilograms per year;
c. Cumulative volume of residuals disposed of in the 12 -acre lagoon in gallons or cubic yards;
d. Remaining available volume in the 12 -acre lagoon in gallons or cubic yards (i.e., excluding
freeboard); and
e. An estimate of the remaining useful disposal life for the 12 -acre lagoon in years (i.e., excluding
freeboard).
[15A NCAC 02T.1 I 111
9. All records required as part of this permit shall be retained for a minimum of five years. [15A NCAC
02T .0108(b)(1)]
10. Three copies of an annual report shall be submitted on or before March I'. The annual report shall
meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms.
Instructions for reporting and annual report forms are available at
http://portal.ncdenr.org/web/w"s/lau/reporting, or can be obtained by contacting the Land
Application Unit directly. The annual report shall be submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
[15A NCAC 02T. 11111
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11. Noncompliance Notification
The Permittee shall report by telephone to the Wilmington Regional Office, telephone number (910)
796-7215, as soon asosv sible, 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. Surface disposal of residuals 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.
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
betaken to ensure that the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)]
V. INSPECTIONS
1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the
subject facilities and shall be in accordance with the approved O&M Plan. [15A NCAC 02T .0108(b)]
2. 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.
[15A NCAC 02T.0 I 08(b)]
3. 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. [G.S. 143-215.3(a)(2)]
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. [G.S. 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. [15A NCAC 02T .0110]
3. This permit is effective only with respect to the nature and volume of residuals described in the permit
application and other supporting documentation. [G. S. 143-215.1]
WQ0018087 Version 2.0 Shell Version 151201 Page 8 of 9
4. The issuance of this permit does not exempt the Permittee 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 0213 .0200 and 02H.0500; and documentation of compliance with Article 21 Part 6 of Chapter
143 of the General Statutes. [15A NCAC 02T .0105(c)(6)]
5. In the event the residuals program changes ownership or the Permittee changes his 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. [15A NCAC 02T .0104]
6. 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.01 10. [15A NCAC 02T .0110]
7. 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).
[ 15A NCAC 02T.0 120]
8. 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. [15A NCAC 02T
.0105(e)(3)]
Permit issued this the 22' day of February 2016
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-;7,—S. Jay Zimmerman, P.G., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit Number WQ0018087
W00018087 Version 2.0 Shell Version 151201 Page 9 of 9
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FIGURE 1
DAK AMERICAS, LLC I
CAPE FEAR SITE
SURFACE DISPOSAL OF RESIDUAL SOLIDS
1, % c BRUNSWICK COUNTY
Phoenix — L —i. W00018087
�=/ SITE LOCATION MAP i
FI/S11121= 7
LEGEND
OProperty Boundary
2003 Groundwater
Contour (Interval is
Shown)
10 Existing Monitoring Well
Proposed Monitoring Well
Proposed Groundwater
Monitoring Network A
DAK Americ
Cape Fear
Review Boundary 0 250 Soo
(This sketch includes comments from WIRO for the suggested
along the compliance boundary- Ref. Staff Report for Site Visit
FIGURE 2
DAK AMERICAS, LLC
CAPE FEAR SITE
SURFACE DISPOSAL OF RESIDUAL SOLIDS
BRUNSWICK COUNTY
W00018087
MONITOR WELL LOCATION MAP