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Home My WebLink AboutWQ0030580_Other_20190213 ROY COOPER ' �^ Governor MICHAEL S.REGAN Secretary, LINDA CULPEPPER R Director NORTH CAROLINA Environmental Quality February 13, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED 7016 2140 0000 4368 5906 M. Scott Keller Earthtec of NC, Inc. P.O. Box 130 Sanford,NC 27331 Subject: Notice of Regulatory Requirements Title 15A North Carolina Administrative Code 02L .0110 and General Statute 87-97 Permit No. WQ0030580 Earthtec Environmental Bio-Remediation Facility Chatham County Dear Mr. Keller: Chapter 143, North Carolina General Statutes, authorized and directs the Environmental Management Commission of the Department of Environmental Quality to issue permits for discharge of pollutants to the land surface or to waters of the State. The Division of Water Resources (Division) has the delegated authority to enforce adopted pollution control rules. Title 15A of the North Carolina Administrative Code(NCAC) Subchapter 02L,Rule .0110 states, "...any person who causes, permits or has control over any discharge of waste, or groundwater cleanup program, shall install and implement a monitoring system, at such locations, and in such detail, as the Director, or his designee may require to evaluate the effects of the discharge upon the waters of the [S]tate, including the effect of any actions taken to restore groundwater quality, as well as the efficiency of any treatment facility..." On October 24, 2017, Earthtec of NC, Inc., requested a rescission of the permit references above, as their treatment of biosolids is complete. As part of the permit rescission request, DWR completed a permit review. Based on the review of the subject permit and monitoring data submitted to date, concerns were noted in view of the rescission request: 1) Exceedances of the 15A NCAC 02L .0202 groundwater standards (2L Standards) at monitoring wells located in the established monitoring well network(Table 1). ((Ap;gqTTMI+raa � E�� WNtreaC, -wdMintai OD ll{y� North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office 3800 Barrett Drive 11628 Mall Service Center I Raleigh,North Carolina 27699-1628 919.791.4200 Notice of Regulatory Requirements Permit#WQ0030580 Earthtec of NC,Inc. February 13,2019 Page 2 of 3 2) Monitoring well network is inadequate for determining direction of groundwater flow, however, the Division is able to infer groundwater flow direction based on topography. 3) Site map missing permit required details. Table 1. WQ0030580: Groundwater Standards Exceedances Well Date Constituent Concentration 2L Standard MW-1 July 2017 Arsenic 0.068 mg/L 0.01 mg/L Zinc 1.31 mg/L 1 mg/L MW-1 March 2017 TDS 539 mg/L 500 mg/L Arsenic 6.80 mg/L 0.01 mg/L Cadmium 0.36 mg/L 0.02 mg/L Copper 8.77 mg/L 1 mg/L Zinc 3.80 mg/L 1 mg/L MW-1 November 2015 Lead 0.141 mg/L 0.01 mg/L Zinc 4.02 mg/L 1 mg/L Periodic exceedences of groundwater standards have occurred in monitoring well MW-1. Therefore, the Division is requesting the following information be submitted within 90 days of receiving this letter: • Complete an updated groundwater sampling event including wells MW-1, MW-2, and MW-3, using sampling criteria outlined in the permit. • Update site map to include the following: o Waste application or storage area(waste boundary). o Review boundary (established per 15A NCAC 02L .0108). o .Compliance boundary(established per 15A NCAC 02L .0107). Following review of the submitted analytical data and maps, the Division will determine if rescission permit is appropriate, or further monitoring or additional information is required. The Division is authorized under 15A NCAC 02L .0110(c) to direct an appropriate frequency of monitoring and may require submittal of a monitoring plan that is prepared under the responsible charge of a Professional Engineer or Licensed Geologist and signed and sealed by that person. Facilities permitted under General Statute 143 215.1(a) could be considered "known sources of release of contamination" in the absence of groundwater quality data demonstrating otherwise. This additional information will aid the Division in satisfying the requirements of General Statute 87-97(el)that states, "The [Environmental Management] Commission shall adopt rules governing permits issued for private drinking water wells for circumstances in which the local health department has determined that the proposed site for a private drinking water well is located within 1,000 feet of a known source of release of contamination. Rules adopted DO�Md C0,101 NA DEQ North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 Notice of Regulatory Requirements Permit#WQ0030580 Earthtec of NC,Inc. February 13,2019 Page 3 of 3 pursuant to this subsection shall provide for notice and information of the known source of release of contamination and any known risk of issuing a permit for the construction and use of a private drinking water well on such a site." Failure to comply with the State's rules in the manner and,time specified may result in the assessment of civil penalties and/or the use of other enforcement mechanisms available to the State. We appreciate your attention and prompt response in this matter. If you have questions, please feel free to contact Brion N. Byers at(919) 791-4237. Sincerely, ' 'ck Bolich, L.G. • Assistant Regional Supervisor • Water Quality Regional Operations Section Division of Water Resources,NCDEQ cc: WQROS Central Office WQ Permitting, Permit File WQ0030580 Chatham County Environmental Health Department • • • North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000