Loading...
HomeMy WebLinkAboutWQ0021577_Final Permit_20090220IFA NCDENR North Carolina Department of Environment and Natural Division of Water quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February, 20 2009 MRS. ANITRA J. COLLINS, VICE PRESIDENT OF MILL OPERATIONS KAPSTONE KRAF I' PAPER CORPORATION 100 GASTON ROAD ROANOKE RAPIDS, NC 27870 Dear Mrs. Collins: Resources Dee Freeman Secretary Subject: Permit No. WQ0021577 KapStone Kraft Paper Corporation IP RR Fly Ash Distribution Program: Distribution of Fly Ash and Primary Clarifier Residuals (503 Exempt) Halifax County and Northampton County In accordance with your permit modification request received September 19, 2008, we are forwarding herewith Permit No. WQ0021577, dated February 20, 2009, to the KapStone Kraft Paper Corporation for the operation of the subject fly ash residuals distribution program. The modification made to this permit is the addition of up to 15,000 dry tons per year of primary clarifier solids as a Class A equivalent source of residuals for distribution, adding to the existing 15,000 dry tons per year of fly ash, for a total of 30,000 dry tons per year of residuals. The primary clarifier residuals contain a small amount of domestic wastewater contribution and are currently permitted for surface disposal under Permit Number WQ0000436. The very small quantity of domestic waste that is a component part of the subject waste stream is accommodated by the treatment process to achieve a Class A equivalent quality and does not change the classification of the end product. Conditions have been added to the permit to ensure this. In addition conditions have been added to clarify the information required to be given to those accepting the residuals for use. In particular note the following conditions: Condition III (6) — establishes requirement for a signed utilization agreement prior to the distribution of "bulk" residuals. This condition does not apply to anyone accepting residuals that do not meet the volume requirement to be considered "bulk residuals". Condition III (9) — establishes requirements for a label or information sheet to be included with all distributed residuals regardless of distributed volume. This permit shall be effective from the date of issuance until January 31, 2014, shall replace existing Permit No. WQ0021577 issued on January 26, 2007, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required operational information will result in future compliance problems. AOUIFER PROTECTON SECTION 1636 Mail Service Center, Raloigh, North Carolina 27699-1636 Location: 2728 Capital Boulevard, Raleigh, North Carolina 27604 Phone: 919.733-3221 l FAX 1: 919-715.0588; FAX 2: 919-715-60481 Customer Service: 1-877-623-6748 Internet: www,ncwatemualily.org An Equhl Cppoo.tril 1 Affirmatve ACWn Employer Nne oi thCaroilina Natura!!ff If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. Unless such demands are made, this permit shall be final and binding. Please note that "bulk residuals" shall mean residuals that are transported and not sold or given away in a bag, bucket, bin, box, carton, vehicle, trailer, tanker, or an open or closed receptacle with a load capacity of 1.102 short tons or one metric ton or less. If you need additional information concerning this matter, please contact David Goodrich at (919) 715-6162 or david.goodrich@ncmail.net. Sincerely, for Co een H. Sullins cc: Halifax County Health Department Northampton County Health Department Robert T. Branch, L.S.S., Branch Residuals & Soils, LLC, 8646 West Market Street Suite 111, Greensboro, NC 27409 Raleigh Regional Office, Aquifer Protection Section Technical Assistance and Certification Unit APS Central Files & LAU Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMENUSSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH PERMIT FOR THE DISTRIBUTION OF FLY ASH AND PRIMARY CLARIFIER RESIDIJALS 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 KapStone Kraft Paper Corporation Halifax County FOR THE operation of a program for the distribution of fly ash residuals from the wastewater residuals ash pond and the surface disposal unit approved under Permit Number WQ0000436, and primary clarifier solids residuals as a bi-product of paper production with a very small amount of domestic wastewater contribution, all produced at the Roanoke Rapids, NC Mill located at North Roanoke Avenue (i.e., at an approximate latitude of 36'28'19" and longitude of 77'38'14") in Roanoke Rapids, North Carolina. The very small quantity of domestic waste that is a component part of the subject waste stream is accommodated by the treatment process to achieve a Class A equivalent quality and does not change the classification of the end product. The program shall result in the distribution of up to 15,000 dry tons per year of fly ash residuals and 15,000 dry tons per year of industrial primary clarifier residuals from the sources listed in the most recently -certified Attachment A. Direct land application of the residuals will be performed under the Permittee's Land Application of Residual Solids (503 Exempt) permit (Permit #WQ0013516) and is not included as an allowable use in this permit. All residuals under this permit will be distributed to second parties for the approved uses as listed: (1) Use as an amendment for the creation of a soil mixture to be further distributed to the public; (2) Use as an amendment for compost to be further distributed to the public; (3) Use as a sorbtive media. Further distribution of the ash/media mix is not allowed under the conditions of this permit. After the ash is utilized as a sorbtive media, the resulting ash/media mix shall be disposed of in accordance to all applicable Local, State of Federal requirements; (4) Use as an amendment for manufacturing of brick, concrete or asphalt; (5) Use as a landfill daily cover. With no discharge of wastes to surface waters, pursuant to the permit application package received on September 19, 2008, and in conformity with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. This permit shall be effective WQ0021577 issued January limitations: from the date of issuance until January 31, 2014, shall void Permit No. 26, 2007 and shall be subject to the following specified conditions and WQ0021577 Version 1.2 Shell Version 070804 Page 1 of 11 1. SCHEDULES 1. 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 extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. Please note that Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. I1. PERFORMANCE STANDARDS 1. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface waters or groundwater resulting from the operation of this fly ash residuals distribution program, or from the operation of the primary clarifier residuals distribution program. 2. No residuals other than those generated by the residuals source -generating facilities listed in the most recently -certified Attachment A of this permit shall be approved for distribution in accordance with this permit. 3. The pollutant concentrations in any residuals that are to be distributed, sold or given away in bags or other container for application to the land shall not shall not exceed the following Ceiling and Monthly Average Concentrations (i.e., dry weight basis): Parameter Monthly Average Concentration (m fig) Ceiling Concentration (mg/kg) Arsenic 41 75 Cadmium 39 85 Copper 1,500 4,300 Lead 300 840 Mercury 17 57 Molybdenum n/a 75 Nickel 420 420 Selenium 100 100 Zinc 2,800 7,500 4. For residuals treatment and storage facilities, the following minimum setbacks shall be maintained (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership ii. Any property line: iii. Any private or public water supply source: iv. Surface waters: v. Any well with exception of monitoring wells: WQ0021577 Version 1.2 Shell Version 070804 100 50 100 50 100 Page 2 of I1 The COMPLIANCE BOUNDARY for residuals Iand application is specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for each land application site is established at either 250 feet from the residuals land application area or 50 feet within the property boundary, whichever is closest to the residuals land application area. Per 15A NCAC 2T .0105(h), upon the request by the Permittee the Compliance Boundary may be located closer to the waste disposal area (provided the groundwater standards can be met at the newly established Compliance Boundary). An exceedance of Groundwater Standards at or beyond the Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. 6. The REVIEW BOUNDARY shall be established around each land application site midway between the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance of Groundwater Quality Standards at the Review Boundary shall require action in accordance with 15A NCAC 2L.0106 (d)(1). 7. Compliance and Review Boundaries for areas of utilization methods other than land application have not been established pursuant to 15A NCAC 02T .0905. Any exceedance of groundwater standards shall require action in accordance with 15A NCAC 02L A 106. 8. When residuals are distributed under the conditions of this permit, the Class A pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b)(2).shall be met. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A shall not be required to comply with the specified pathogen reduction requirements. 9. No residuals shall be stored at any location other than the surface storage unit adjacent to the fly ash pond, and other locations approved under Permit Number WQ0000436 at any time, unless approval has been requested and obtained from the Division. 10. The Permittee shall not distribute residuals that contain a high salt content (i.e., high sodium adsorption ratio (SAR) of ten (10) or higher) without prior written approval from the Division. The Permittee may seek approval by demonstrating program adjustments have been made to assure that the person accepting the residuals is aware of the affects of the high salt content, the proper application rates of the residuals, and any other operational considerations for proper application to assure that the high salt content will not adversely impact the receiving sites. 11. The Aquifer Protection Section of the appropriate Raleigh Regional Office (919) 791-4200 shall be notified at least 24 hours prior to the initial residuals distribution event by any new user. Such notification to the Regional Aquifer Protection Supervisor shall be made during normal office hours (i.e., from 8:00 a.m. until 5:00 p.m.) between Monday and Friday, but excluding State Holidays. A list of the Division's regional offices, their county coverage, and their contact information may be downloaded from the web site at htW;//www.enr.state.nc.uslhtml/mgionaloffices.htrnL III. OPERATION AND MAINTENANCE REQUIREMENTS The facilities and distribution program shall be properly maintained and operated at all times as a non -discharge system to prevent the discharge of any wastes resulting from the operation of these programs. 2. In the event that the residuals management program is not operated satisfactorily, including the creation of nuisance conditions, the Permittee shall cease residuals distribution, and contact the Aquifer Protection Section of the appropriate Division of Water QuaIity's (Division) regional office, and take any immediate corrective actions as may be required by the Division. WQ0021577 Version 1.2 Shell Version 070804 Page 3 of 11 3. The Permittee shall maintain the approved Operation and Maintenance Plan (O&M Plan) that was included in the permit application, pursuant to 15A NCAC 02T . l 110 including operational functions, maintenance schedules, inspection plan, sampling and monitoring plan, safety measures, and a spill response plan. a. The sampling and monitoring portion of the plan as well as any modification to the plan shall be approved by the Division. Any changes to the plan approved as part of this permit issuance shall be submitted to the Raleigh Regional Office for review and approval. The approved O&M plan shall include the following information: i. Names and position of personnel responsible for conducting the sampling and monitoring; ii. Required sampling frequency specified in Attachment A of the permit; iii. Description of sampling and monitoring procedures to gather representative sampling for each sampling period. Note that fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals. The sampling plan must account for any foreseen fluctuations in residuals quality, and indicate sampling times accordingly to ensure compliance during the most limiting times (e.g. small facilities that apply multiple times per year, but have an annual sampling frequency may need to sample and document compliance with the pathogen reduction requirements during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). 4. Upon classification of the residuals management program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified land application/residuals operator to be in responsible charge (ORC) of both programs. The operator shall hold a certificate or certificates of the type classification assigned to the programs by the WPCSOCC. The Permittee shall also designate a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 8G .0201. 5. This permit shall become voidable if any method of disposal fails to assimilate the bulk residuals or the application causes contravention of surface water or groundwater standards and may be rescinded unless the application sites are maintained and operated in a manner that will protect the assigned water quality standards of the surface waters and groundwater. A utilization agreement between the Permittee and the person or entity agreeing to accept and distribute bulk residual shall be in place prior to acceptance of the bulk residual. The agreement shall specify the responsibilities of the person or entity agreeing to accept and distribute the bulk residuals. The utilization agreement shall be signed by both the Permittee or his designee and the person responsible for application of the residuals. The utilization agreement shall stipulate the following: a. By agreeing to accept the bulk residuals it is recognized that the application of residuals is allowed under the conditions of the agreement. The application of the residuals is considered the beneficial reuse of a waste under 15A NCAC 02T .1100. The application of the residuals to the land has been deemed permitted under 15A NCAC .1103(a)(4) provided the conditions of the agreement are met. Any action resulting in the damages to surface waters or groundwater resulting or failure to follow the conditions of the agreement is subject to enforcement action by the Division; b. The person or entity accepting the bulk residual will to the best of their knowledge meet the following application requirements: Application of the bulk residuals will stop if it becomes known that the application adversely affects a threatened or endangered species listed under section 4 of the Endangered Species; ii. Application of the bulk residuals shall not occur when the land is flooded, frozen, of snow-covered or is otherwise in a condition such that runoff of the residuals would occur; WQ0021577 Version 1.2 Shell Version 070804 Page 4 of 11 iii. Application of the bulk residuals shall not occur within the 100 -year flood elevation unless the bulk residuals are injected or incorporated within a 24-hour period following the residuals land application event. Flood elevations information is available at h4p://www.ncfloodmaps.com/default_swf asp; iv. Application of the bulk residuals shall not occur during a measurable precipitation event (i.e., >.O I" per hour) or within 24 hours following a rainfall event of 0.5 inches or greater in a 24-hour period; v. Residuals stockpiled for more than 15 days shall be covered; vi. Application of the bulk residuals shall not occur if the vertical separation of the seasonal high water table and the depth of bulk residuals application is less than one foot; vii. Application of the bulk residuals shall not occur if the vertical separation of the depth to bedrock and the depth of residuals application is less than one foot; viii. Application of bulk residuals shall not occur within 100 feet of a public or private water supply source; ix. Application of bulk residuals shall not occur within 100 feet of any well with the exception of monitoring wells; x. Application of bulk residuals shall not occur within 25 feet of Surface waters. c. The generator of the bulk residual shall provide information on the proper use of the residuals including information on the nutrient quantities within the residuals and recommended application rates; d. The applicator or party receiving bulk residuals from the Permittee shall supply all third parties receiving bulk residuals with documentation specifying that application shall occur consistent with the agreement; e. Instructions, including contact information for key personnel, for the applicator or party receiving bulk residuals in the event that requirements specified in the utilization agreement are not met; f. A copy of the utilization agreement shall be maintained at the land application sites when bulk residuals are being applied. 7. A copy of this permit or a signed utilization agreement shall be maintained in all manned equipment transporting the bulk residuals during the life of this permit. A spill prevention and control plan shall be maintained in all residuals transport and application vehicles. 8. All residuals shall be adequately stored to prevent leachate runoff until treated. The finished product may be placed on a concrete pad, placed under shelter or covered until such time as it is distributed to the buyer. If an alternate storage site is to be used, approval must be obtained from the Division. 9. All recipients of the distributed residuals shall be provided with a label or information/data sheet that contains the following minimum information: a. The name, address, and telephone number of the person who prepared the fly ash residuals or primary clarifier residuals. b. The name, address, and telephone number of the person distributing the fly ash residuals or primary clarifier residuals. c. A description of the source of or the process by which the fly ash residuals or primary clarifier residuals were generated. d. A summary of the results from the most recent round of fly ash residuals sampling/monitoring or primary clarifier residuals sampling/monitoring. WQ0021577 Version 1.2 Shell Version 070804 Page 5 of 11 e. A summary of the volume of fly ash residuals or volume of primary clarifier residuals distributed either per unit or bulk provided. f. A summary of the nutrients either per unit or bulk provided (i.e., PAN, phosphorus, and potassium). g. A statement that an acceptable pH (as defined by NCDA, agronomist or soil scientist for the crop to be grown) be maintained in the soil, fly ash residuals and lime mixture or primary clarifier residuals and lime mixture, on all sites to ensure optimum yield for the crop(s) and a list of recommendations to the recipient of the fly ash residuals or primary clarifier residuals regarding field use, soil testing, pH adjustment, and other relevant agronomic information. IV. MONITORING AND REPORTING REQUIREMENTS 1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established, and an acceptable sampling and reporting schedule shall be followed. 2. Residuals generated by each residuals source -generating facility listed in the most -recently -certified Attachment A of this permit shall be analyzed to demonstrate that they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted on residuals generated by each residuals source -generating facility listed in the most recently - certified Attachment A of this permit. The analyses shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. If residuals generated by a particular residuals source - generating facility are distributed or land applied at a frequency less than that which is specified in the most recently -certified Attachment A of this permit, the analyses shall be required for each residuals distribution event. Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from this condition in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. If residuals generated by a particular residuals source -generating facility are insufficient to require a distribution event during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no distribution occurs during an entire year when annual monitoring is required), no sampling data is required during the period of inactivity. The Permittee shall submit an annual report, as required in Condition IV. 9., even in the event that no distribution events occur during an entire year; the annual report shall include an explanation for missing sampling data. WQ0021577 Version 1.2 Shell Version 070804 Page 6 of 11 The TCLP analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter 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) After the residuals have been monitored as specified above for two years at the frequency specified in the most recently -certified Attachment A of this permit, the Permittee may subunit a request to the Division for a permit modification to request a reduction of this monitoring requirement. In no case, however, shall the frequency of monitoring be less than once per permit cycle. 3. An analysis shall be conducted of residuals generated by each residual source -generating facility listed in the most recently certified Attachment A of this permit. The analysis shall be performed at the frequency specified in the most recently certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the following parameters: Aluminum Magnesium pH Ammonia -Nitrogen Mercury Plant Available Nitrogen (by calculation) Arsenic Molybdenum Selenium Cadmium Nickel Sodium Calcium Nitrate -Nitrite Nitrogen % Total Solids Copper Phosphorus TKN Lead Potassium Zinc Calcium Carbonate Equivalency (CCE) (by titration) Sodium Adsorption Ratio (SAR) If residuals generated by a particular residuals source -generating facility are insufficient to require distribution events during a required sampling period as specified in the most recently -certified Attachment A of this permit (e.g. no distribution occur during an entire year when annual monitoring is required), no sampling data is required during the period of inactivity. The Permittee shall submit an annual report, as required in Condition N. 9, even in the event that no distribution events occur during an entire year. The annual report shall include an explanation for missing sampling data. WQ0021577 Version 1.2 Shell Version 070804 Page 7 of 11 4. Residuals generated by each residuals source -generating facility listed in the most recently -certified Attachment A of this permit shall be monitored for compliance with Condition 11. 8. The monitoring shall be performed at the frequency specified in the most recently -certified Attachment A of this permit, and data to verify pathogen reduction of the residuals shall be maintained on file by the Permittee for a minimum of five years. The required data shall be sufficient to demonstrate clear compliance with the Class A pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b)(2). Only residuals that are generated by the residuals source -generating facilities that are identified as being exempt from Condition H. 8. in the most recently -certified Attachment A of this permit shall not be required to comply with this monitoring requirement. 5. Laboratory analyses of parameters as required by Condition IV. 1., Condition N. 2., and Condition W. 3., shall be performed/gathered on the residuals as they are to be distributed or land applied. 6. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV. 3., and Condition IV. 4., shall be in accordance with 15A NCAC 02B .0505. 7. Proper records shall be maintained by the Permittee tracking all distribution activities. These records shall include, but are not necessarily limited to, the following information: a. Source, volume, and analysis of each residual; b. Name of end customer, volume received, and intended use. 8. All records required as part of this permit shall be retained a minimum of five years. 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. The most recent instructions for reporting and annual report forms are available on the Land Application Unit website at http:/fh2o,enr.state.nc.us/lau/compliance.html, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 10. Noncompliance Notification The Permittee shall report by telephone to the Raleigh Regional Office, telephone number (919) 791- 4200, 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 distribution program which results in the distribution of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the distribution 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 during transportation of residuals. WQ0021577 Version 1.2 Shell Version 070804 Page 8 of 11 For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours must 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 Ietter 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. V. INSPECTIONS Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation of the subject facilities. The Permittee or his designee shall inspect the facilities to prevent malfunctions and deterioration, operator errors, and discharges that 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 or other permitting authority, upon request. 2. Any duly authorized officer, employee, or representative of the Division may, upon presentation of credentials, enter and inspect any property, premises, or place on or related to the land application sites or facilities at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records that must be kept under the terms and conditions of this permit; and may obtain samples of groundwater, surface water, or leachate. VI. GENERAL CONDITIONS 1. This permit shall become voidable unless the distribution activities are carried out in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. 3. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes §143- 215.6A through § 143-215.6C. 4. The annual administering and compliance fee shall be paid by the Permittee within 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 2T .0105 (e). 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 government agencies (local, state, and federal) that have jurisdiction. 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, and any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H,0500. 6. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. WQ0021577 Version 1.2 Shell Version 070804 Page 9 of 1 ! 7. This permit shall not be automatically transferable. In the event that there is a desire for the Class A residuals management program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Permit issued this the 20`h day of February, 2009. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION a ,/Col H. Sullins, Director ivisi of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0021577 WQ0021577 Version 1.2 Shell Version 070804 Page 10 of 11 ATTACHMENT A - Approved Residual Sources Permit Number: WQ0021577 Version: 1.2 KapStone Kraft Paper Corporation — Roanoke Rapids Facility Certification Date: 2/20109 a Only fly ash from a surface disposal unit (monofill) and ash pond. The storage units for this facility are the ash pond and monofill. These residuals are also permitted for disposal in the Permittee's surface disposal unit under Permit Number WQ0000436. b Only residuals from the primary clarifier unit and a small domestic wastewater contribution are permitted. These residuals are also permitted for disposal in the Permittee's surface disposal unit under Permit Number WQ0000436. WQ0021577 Version 1.2 Shell Version 070904 Page I I of 11 Monitoring Monitoring Monitoring Approved Facility Permit Issued Maximum Dry Frequency for Frequency for Frequency for Mineralization Owner Name County Number By Is 503? Tons Per Year Condition IV. 2. Condition IV. 3 Condition N. 4. Rate Roanoke KapStone Rapids Kraft Paper Halifax NCO000752 DWQ Non 503 15,000 Annual Eve ry60 dayss Annual None Corporation Facility - a fly ash Roanoke KapStone Rapids Kraft Paper Facility - Halifax NC0000752 DWQ Non 503 15,000 Annual Every 60 days Annual 0.40 Corporation primary clarifier b Total 30,000 a Only fly ash from a surface disposal unit (monofill) and ash pond. The storage units for this facility are the ash pond and monofill. These residuals are also permitted for disposal in the Permittee's surface disposal unit under Permit Number WQ0000436. b Only residuals from the primary clarifier unit and a small domestic wastewater contribution are permitted. These residuals are also permitted for disposal in the Permittee's surface disposal unit under Permit Number WQ0000436. WQ0021577 Version 1.2 Shell Version 070904 Page I I of 11