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HomeMy WebLinkAboutWQ0036777_Final Permit_20140207r ;A A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, til Governor Director Secretary February 7, 2014 MR. STEVEN BECKEL — GENERAL MANAGER PCS PHOSPHATE COMPANY, INC. 1530 NC HWY 306 S AURORA, NORTH CAROLINA 27806 Subject: Permit No. WQ0036777 PCS Phosphate Aurora Gypsums Stack 5 (GS -5) Closed -Loop Recycle System Beaufort County Dear Mr. Becket: In accordance with your permit application request received October 8, 2015, we are forwarding herewith Permit No. WQ0036777 dated February 7, 2014, to PCS Phosphate Company for the construction and operation of the subject wastewater treatment and closed-loop recycle facilities. This permit shall be effective from the date of issuance until January 31, 2019 and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the operation and monitoring requirements listed in Sections III and N of this permit. 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 form of a written petitions, conforming to Chapter 150B bf the North Carolina General Statutes, anA 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 PCS Phosphate Company desires to combine some or all of the close -loop recycle system permits currently operated at the Aurora site, we encourage a letter describing the request to be submitted to the Division- The request could be handled through minor modification and rescission of the applicable permits. Note that a modification fee would not be required. One set of approved plans and specifications is being forwarded to you. If you need additional information concerning this permit, please contact Cory Larsen at (919) 807-6362 or cory.larsen@ncdenr. gov. WATER QUALITY PERMITTING SECTION 1636 Mail Service Center, Raleigh, North Carolina 27699.1636 Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919-807-64641 FAX: 919-807-6496 Internet http:llporlatncdencorglweblw�c An Equal Opportunity 1 Aflirmalive Action Employer Mr. Steven Beckel February 7, 2014 Page 2 of 2 Sincerely, /hoas A. Reeder cc: Beaufort County Health Department Washington Regional Office, Water Quality Regional Operations Section John Garlanger, PE — A&A Engineering, Inc. Beth Buffington, Public Water Supply Section — Protection and Enforcement Branch Permit File WQ0036777 Notebook File WQ0036777 N NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMAUSSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH CLOSED-LOOP RECYCLE SYSTEM 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 PCS Phosphate Company, Inc. Beaufort County FOR THE construction and operation of a 35 million gallon per day (MGD) wastewater treatment and closed-loop recycle facility consisting of an approximately 115 acre gypsum pile No. 5, generated as a by-product during the manufacture of phosphoric acid; underlain by a synthetic 60 -mil HPDE liner, an underdrain collection system and perimeter dike to collect and convey pile leachate and stormwater to Cooling Pond No. 1 for recycling back into the manufacturing process as a carrier fluid; and all associated piping, valves and appurtenances; to serve reactivation of Gypsum Stack 5 (GS -5) at the PCS Phosphate Aurora facility, with no discharge of wastes to surface waters, pursuant to the application received October 8, 2013 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. This permit shall be effective from the date of issuande until January 31, 2019 and shall be subject to the following specified conditions and limitations: I. SCHEDULES In accordance with 15A NCAC 02T .0 116, upon completion of construction and prior to operation of this permitted facility, a certification (attached) shall be, submitted from a licensed North Carolina Professional Engineer certifying that the permitted facility has been installed in accordance with this permit, Division approved plans and specifications, and other supporting documentation, including the location of all monitoring wells as applicable. If this project is to be completed in phases and partially certified the Permittee shall retain the responsibilLty to track further construction approyed under the same permit and shall provide a final certificate of completion once the entire project has been completed. Mail the Certification to the Division of Water Resources, Water Quality Permitting Section, 1636 Mail Service Center, Raleigh, NC 27699-1636. WQ0036777 Version 1.0 Shell Version 131016 Page I of 6 2. The Washington Regional Office, telephone number (252) 946-6481, shall be notified at least 48 hours in advance (excluding weekends and holidays) of operation of the installed facilities such that an in-place inspection can be .made. 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. 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. H. PERFORMANCE STANDARDS The subject non -discharge facilities shall be effectively maintained and operated at all times so there is no discharge to the surface waters, nor any contravention of groundwater or surface water standards. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall take immediate corrective actions including Division required actions, such as the construction of additional or replacement wastewater treatment or recycle facilities. 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. 3. The facilities permitted herein shall be constructed according to the following setbacks: a. The setbacks for storage and treatment units permitted under 15A NCAC 02T .1000 shall be as follows (all distances in feet): i. Any habitable residence or place of public assembly under separate ownership: 100 ii. Any private or public water supply source: 100 iii. Surface waters: 50 iv. Any well with the exception of a Division approved groundwater monitoring well: 100 v. Any property line: 50 Ill. OPERATION AND MAINTENANCE REQUIItEMENTS fl. The facilities shall be properly maintained and operated at all times. The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastewater resulting from the operation of this facility. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC 02T .1007, which at a minimum shall include operational functions, maintenance schedules, safety measures and a spill response plan. 2. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, in accordance with 15A NCAC 08G .0200 the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operator(s) as back-up ORC(s). The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G _0200, and shall comply with all other conditions specified in the previously cited rules. 3. Public access to the wastewater treatment facilities and closed-loop recycle system shall be prohibited. WQ0036777 Version 1.0 Shell Version 131016 Page 2 of 6 4. The residuals generated from the wastewater treatment facilities shall be disposed or utilized in accordance with 15A NCAC 02T .1100. The Permittee shall maintain a residual management plan pursuant to 15A NCAC 02T .1008. Diversion or bypassing of untreated or partially treated wastewater from the treatment facilities is prohibited. 6. Freeboard in the No. 1 Cooling Pond shall not be Iess than two feet at any time. 7. A gauge to monitor waste levels in the Cooling Pond No. 1 shall be provided. This gauge shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: 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 the lowest point on top of the darn. 8. A protective vegetative cover shall be established and maintained on all earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment), berms, pipe runs, erosion control areas, and surface water diversions. Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankment areas shall be kept mowed or otherwise controlled and accessible. 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 sampling reporting schedule shall be followed. 2. Per 15A NCAC 02H .0800, a Division certified laboratory shall conduct all Iaboratory analyses for the required effluent, groundwater or surface water parameters. 3. A record shall be maintained of all residuals removed from this facility. This record shall be maintained at the facility for a period of no less than five years, and shall be made available to the Division upon request. At a minimum, this record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. WQ0036777 Version 1.0 Shell Version 131016 Page 3 of 6 4. Noncompliance Notification: The Permittee shall report by telephone to the Washington Regional Office, telephone number (252) 946-6481, 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 at the facility resulting in the treatment of significant amounts of wastes that is abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.), due to known or unknown reasons, rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a by-pass directly to receiving surface waters. d. Any time self-monitoring indicates the facility has gone out of compliance with its permit limitations. 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 the problem does not recur. V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the wastewater treatment and recycle facilities. 2. The Permittee or their designee shall inspect the wastewater treatment and recycle 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 the inspection, and this log shall be made available to the Division upon request. 3. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the wastewater treatment and recycle facilities permitted baein at any reasonable time for the purpose of determining compliance with this permit, may inspecil 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 permitted facilities are not constructed in accordance with the conditions of this permit, the Division approved plans and specifications, and other supporting documentation. 3_ This permit is effective only with respect to the nature and volume of wastes described in the permit application, Division approved plans and specifications, and other supporting documentation. No variances to applicable rules governing the construction or operation of the permitted facilities are granted, unless specifically requested and approved in this permit pursuant to 15A NCAC 02T .0105(n). WQ0036777 Version 1.0 Shell Version 131016 Page 4 of 6 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 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 permitted facilities change 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 property ownership documentation and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the facilities permitted herein until a permit is issued to the new owner. 6. The Permittee shall retain a set of Division approved plans and specifications for the life of the facilities permitted herein. 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). S_ 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 facilities contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T A 120(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 7t` day of February 2014. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 1k E T as . Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0036777 WQ0036777 Version 1.0 Shell Version 131016 Page 5 of 6 Permit No. WQ0036777 PCS Phosphate Company, Inc. PCS Phosphate Aurora GS -5 ENGINEERING CERTIFICATION ❑ Partial ❑ Final Closed -Loop Recycle System February 7, 2014 Beaufort County In accordance with 15A NCAC 02T .0 116, as a duly registered Professional Engineer in the State of North Carolina, having the Permittee's authorization to ❑ periodically ❑ weekly ❑ fully observe the construction of the permitted facility, hereby state to the best of my abilities that due care and diligence was used in the observation of the construction, such that the facility was built within substantial compliance and intent of this permit, the Division approved plans and specifications, and other supporting documentation. ❑ Any variation to this permit, the Division approved plans and specifications, and other supporting documentation has been documented in the attached as -built drawings, and shall serve as the Permittee's minor modification request to amend the permit accordingly. Provide a brief narrative description of any variations: Professional Engineer's Name Engineering Firm Mailing Address _.._......._ ............._._......... ._....._...__._..-._ .__..:_,- ._..... .......... ... !--...--..__....._... _,_....__....__... City ........ ......... _--__.W_._.,.- ... r.. _ ...... I - State. Zxp Telephone E-mail a NC PE Seal, Signature & Date THE COMPLETED ENGINEERING CERTIFICATION, INCLUDING ALL SUPPORTING INFORMATION AND MATERIALS, SHALL BE SENT TO THE FOLLOWING ADDRESS: NORTH CAROLINA DEPARTMENT OF ENVII20NMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES WATER QUALITY PERMITTING SECTION NON -DISCHARGE PERMITTING UNIT By U.S. Postal Service: 1636 MAIL SERVICE CENTER By Courier/Special Delivery: 512 N. SALISBURY ST. RALEIGH, NORTH CAROLINA 27699-1636 RALEIGH, NORTH CAROLINA 27604 WQ0036777 Version 1.0 Shell Version 131016 Page 6 of 6