Exhibit 28 - North Carolina Management... · Exhibit 28(a) NCD 008 560 032 (July 27, 2016), retains 130A-290(a)(21) for Post-Closure Order originally executed 17 May 2011 signed by

Exhibit 28 Section’s Letters re Five-Year Reviews of

Post-Closure Orders (2016–2017).

Ex. 28(a) – Letter dated 27 July 2016 (retains 130A-290(a)(21) from May 2011);

Ex. 28(b) – Letter dated 04 Nov. 2016 (retains 130A-290(a)(21) from Nov. 2010);

Ex. 28(c) – Letter dated 12 Dec. 2016 (retains 130A-290(a)(21) from Sept. 2011);

Ex. 28(d) – Letter dated 10 Feb. 2017 (retains 130A-290(a)(21) from Mar. 2012);

Ex. 28(e) – Letter dated 07 Mar. 2017 (retains 130A-290(a)(21) from Apr. 2012);

Ex. 28(f) – Letter dated 22 June 2017 (retains 130A-290(a)(21) from Oct. 2011);

Ex. 28(g) – Letter dated 18 Aug. 2017 (retains 130A-290(a)(21) from Sept. 2012);

Ex. 28(h) – Letter dated 20 Sept. 2017 (retains 130A-290(a)(21) from Aug. 2012)

B-559

Exhibit 28(a) NCD 008 560 032 (July 27, 2016),

retains 130A-290(a)(21) for Post-Closure Order originally executed 17 May 2011 signed by Section affiant M. Siedlecki,

copied to Section supervisor and affiant B. McCarty

Includes Excerpted Copy of Applicable Post-Closure Order

B-560

B-561

B-562

B-563

B-564

Excerpted Copy of Reviewed Order

(Determination Using “Operator” Definition from N.C.G.S. § 130A-290)

B-565

B-566

B-567

B-568

* * * *

[pages omitted]

B-569

B-570

B-571

Rodney.Huerter

Rectangle

Exhibit 28(b) NCD 991 278 623 (Nov. 4, 2016),

retains 130A-290(a)(21) for Post-Closure Order originally executed 19 Nov. 2010 copied to Section supervisor and affiant B. McCarty.


B-572

B-573

B-574



B-575

NA NCDENR

North Carolina Department of Environment and Natural Resources Division of Waste Management

Beverly Eaves Perdue Governor

CERTIFIED MAIL RETURN RECEIPT REQUIRED

Mr. Douglas Pierotti

Dexter R. Matthews Director

November 22, 2010

City of Char lotte Engineering and Property Management 600 East Fowih Street, l i 11 Floor Charlotte, NC 28202-2844

Re: Issuance of ADMINISTRATNE ORDER IN LIEU OF POST-CLOSURE PERMIT Charlotte Police and Fire Training Academy EPA ID # NCD 991278623

\

Dear Mr. Pierotti:

Dee Freeman Secretary

Please find the signed original copy of the Federal Resource Conservation and Recovery Act (RCRA) Administrative Order in lieu of Post-Closure Permit for Charlotte Police and Fire Training Academy. This Administrative Order in lieu of Post-Closure Permit identifies specific management practices that may be implemented in accordance with the North Carolina Hazardous Waste Management Rules. The enclosed Administrative Order in lieu of Post-Closure Permit will constitute the RCRA permit for Charlotte Police and Fire Training Academy.

If you have any questions, please contact Qu Qi at (919) 508-8536 and/or [email protected].

Sinceo-el~ ,

~ McCartytflh Head Facility Management Branch Hazardous Waste Section

Enclosure: Administrative Order in lieu of Post-Closure Permit Certified copy of 15A NCAC 13A - Hazardous Waste Management

cc: Jon D. Johnston, US EPA Region 4 John Johnston, US EPA Region 4 Mark Burnette CPFTA Mailing List

1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone 919-508-8400 \FAX: 919-715-4061 \Internet: www.wastenotnc.org

rc: Harold A. McCarty Qu Qi

One _ NorthCarolma

An Equal Opportunity I Affirmative Action Employer '

:Vaturall!f C:\mel\qu qi\cover letter for fin al issuance

f B-576

North Carolina Department of Environment and Natural Resources

Division of Waste Management

Re: Charlotte Police and Fire Training Academy/ City of Charlotte

1770 Shopton Road Charlotte , North Carolina EPA ID # NCO 991 278 623

Administrative Order in Lieu of Post-Closure Per.mit

Docket Number 2010 099

B-577

* * * *

[pages omitted]

B-578

Charlotte Pol it.

IV. Conclusions of Law and Determinations

Based upon the available on the determines that :

foregoing stipulations of fact effective date of this Order ,

A. Defi nitions

and the

J Fire Training Academy AOC

all other information Section concl udes and

1. "Hazardous wastes" shal l mean those hazardous wastes defined i n N. C. G. S . § 130A- 290(a ) (8) and 40 CFR Part 261, adopted by reference in 15A NCAC 13A . 0106(a) through .0106(e) .

2 . "Hazardous constituents " shall mean those constituents listed in Appendix VIII to 40 CFR Part 261, adopted by reference in 15A NCAC 13A . 0106(e) , or any constituent identified in Appendix IX to 40 CFR Part 264 , adopted by reference in 15A NCAC 13A . 0109(a) , or under N. C. G.S. 130A- 294 .

3 . "Landfill " shall have the meaning given in N. C. G. S . 130A-290 (a) (16) .

4 . The term " Facility" shall have the meaning given in 40 CFR 260 . 10 , adopted by reference in 15A NCAC . 0102(b) .

5 . The terms " disposal " and " treatment " shall have the meanings given in N. C. G.S . 130A- 290(a) (6) and (a) (42) , respectively .

6 . The t erm Facility boundary as used in this Order is the furthermost extent of the property owned and used by Charlotte Police and Fire Training Academy. The exact dimensions of the property are indicated on the attached Map . (See Attachment 3)

7. The term "Active Portion" shall have the meaning given in 40 CFR 260 . 10 , adopted by reference in 15A NCAC .0102(b).

8 . The term "Corrective Action" shall mean all activities, including activities conducted beyond the facility boundary, that are proposed or implemented to facilitate assessment , monitoring , and active or passive remediation of releases of hazardous waste or hazardous constituents to soil , groundwater , surface water , or the atmosphere associated with Hazardous Waste Management Units (HWMUs) , Solid Waste Management Units (SWMUs) , and/or Areas of Concern (AOCs) located at the facility .

B. Status of the City of Charlotte

1 . The City of Charlotte is a person as defined in N. C. G. S . 130A- 290 (a) (22) .

2 . The City of Charlotte is listed on the most recent RCRA Part A permit application as the property owner and, therefore , is the owner/operator as defined in N. C.G . S . 130A- 290(a) (21).

C. Application of RCRA Standards

11

B-579

Rodney.Huerter

Rectangle

Exhibit 28(c) NCD 003 221 546 (Dec. 12, 2016),

retains 130A-290(a)(21) for Post-Closure Order originally executed 14 Sept. 2011 copied to Section supervisor and affiant B. McCarty


B-580

B-581

B-582

B-583



B-584

NA NCDENR



CERTIFIED MAIL RETURN RECEIPT REQUESTED

Ms. Pamela J. Berry-Solomon Greensboro Site Manager Dow Corning Corporation 2914 Patterson Street Greensboro, NC 27407


September 14, 201 l

RE: Issuance of Final "Administrative Order in Lieu of Post-Closure Permit" Dow Corning Corporation Greensboro Facility EPA ID #NCO 003 221 546

Dear Ms. Berry-Solomon:


Please find enclosed one (1) signed original of the final "Administrative Order in Lieu of Post-Closure Permit" (Order) for the Dow Corning Corporation facility located in Greensboro, NC. The date the Order was signed by the NC Hazardous Waste Section, which is September 14,2011, is the effective date of the

Order.

If you have any questions concerning this correspondence, please contact Larry Stanley at (919) 508-8562

or at [email protected].

Sincerely,

~~~l~ '2.lfll_ lL/ 0:r~t?:-?1-/J1/~. Eli:z;{ th W: Cannon, Chief N~f zardous Waste Section

Enclosure: Administrative Order in Lieu of Post-Closure Permit (one original)

cc: Jon D. Johnston, US EPA, Region 4 Brenda Jones Fox, Guilford County Manager Merle C. Green, Director of Guilford County Public Health Depart. Rash ad Young, Greensboro City Manager Jim Mersereau-Kempf, Dow Corning Barbara Jones, Cardinal Resources Brad Bailey Larry Stanley

1646 Mail Serv1ce Center, Raleigh, North Carol1na 27699-1646 Phone 919-508-8400 I FAX 919-715-4061 \Internet wwwwastenotnc.org

An Equal Opportun:ty \ Affirmalrve Aclron Employer

Dow corning-final am signed transmittal letter

(...

rc: If"' Bud McCarty~& Vance Jackson

Larry Stan!~

One . NorthCarol1na ;Naturally

B-585

' '


Re: Dow Corning Corporation ) 2914 Patterson Street ) Greensboro, North Carolina ) EPA ID # NCD 003 221 546 )

Administrative Order in Lieu of Post-Closure Permit

DocketNumber: 2011-090

B-586

* * * *

[pages omitted]

B-587

SWMU12 Waste Xylene Pump Area

SWMU13 Membrex Waste Treatment System

SWMU14 Hazardous Waste Satellite Accumulation Area

SWMU15 Former Hazardous Waste Management Unit

4. Based on recommendations in the RF A, Dow Corning implemented a confirmatory sampling (CS) program and reported the results in 2007. Confirmatory soil samples were collected at four SWMUs: SWMU 6-Building 3 Oil/Water Separator and Oil Receiving Tank, SWMU ?-Building 3 Chemical Wastes Storage Tanks, SWMU 10-Solvent Storage Area, and SWMU 12-Waste Xylene Pump Area. Volatile organic compounds and semi-volatile organic compounds were detected in soil samples collected at all four SWMUs, but the concentrations were less than NC soil-to-groundwater leaching values (i.e., CsoiJ). The collection of a limited number of groundwater samples was also part of the confirmation sampling program. The analytical results were consistent with historical or proximal groundwater data.


Based upon the foregoing stipulations of fact and all other information available on the effective date of this Order, the Section concludes and determines that

A Definitions

1. . "Hazardous wastes" shall mean those hazardous wastes defined in N.C.G.S. § 130A-290(a)(8) and 40 CFR Part 261, adopted by reference in 15A NCAC 13A .0106(a)through .0106(e).

2. "Hazardous constituents" shall mean those constituents listed in Appendix VIII to 40 CFR Part 261, adopted by reference in 15A NCAC 13A .0106(e), and any constituent identified in Appendix IX to 40 CFR Part 264, adopted by reference in 15ANCAC 13A .0109(a), onmderN.C.G.S. 130A-294.

3. "Landfill" shall have the meaning given in N.C.G.S. 130A-290(a)(16).

4. The term "facility" shall have the meaning given in 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b).

5. The terms "disposal" and ''treatment" shall have the meanings given in N.C.G.S. 130A-290(a)(6) and (a)(42), respectively.

12

B-588

6. The term "facility boundary," as used in this Order, is the furthermost extent of the property owned by Dow Corning Corporation. The Facility property boundary is shown on Attachments A&B.

7. The term "active portion" shall have the meaning given in 40 CFR 260.10, adopted by reference in 15A NCAC .01 02(b ).

8. The term "corrective action" shall mean all activities, including actlVltJ.es conducted beyond the facility boundary, that are proposed or implemented to facilitate assessment, monitoring, and active or passive remediation of releases of hazardous waste or hazardous constituents to soil, groundwater, surface water, or the atmosphere associated with Hazardous Waste Management Units (HWMUs), Solid Waste Management Units (SWMUs), and/or Areas of Concern (AOCs) located at the facility.

B. Status of Dow Corning Corporation

1. Dow Corning Corporation is a person as defined in N.C.G.S. 130A -290( a)(22).

2. The Dow Corning facility located at 2914 Patterson Street in Greensboro, North Carolina 27407 is the facility operator, as defined in N.C.G.S. 130A-290(a)(21). This information is contained in the most recent Part A permit application submitted by Dow Corning to the Hazardous Waste Section (dated January 9, 2004).

3. The Dow Coming Corporation office located at 2200 West Salzburg Road, Midland, Michigan 48686 is the facility owner, as defined in N.C.G.S. 130A-290(a)(21). This information is contained in the most recent Part A permit application submitted by Dow Corning to the Hazardous Waste Section (dated January 9, 2004).

C. Application ofRCRA Standards

1. Pursuant to 40 CFR Part 261, Appendix VII, incorporated by reference in 15A NCAC 13A .0106(e), waste 1,1 ,!-trichloroethane (TCA) is a listed hazardous waste assigned the EPA waste code ofF002.

2. In Administrative Order on Consent #95-517, the Parties (i.e., Dow Coming Corporation and the NC Department of Environment, Health, and Natural Resources) agreed that Dow Corning remove a 1,000 gallon wastewater overflow accumulation tank from the Site. Analysis of soil and groundwater indicated that listed hazardous waste had been released from the tank. Maintenance personnel had used 1,1, !-trichloroethane for · cleaning equipment, and this material was discharged into the 1,000 gallon tank, which subsequently leaked into the soil and groundwater. A groundwater sample collected at the location of the removed tank

13

B-589

Rodney.Huerter

Rectangle

Exhibit 28(d) NCD 986 187 458 (Feb. 10, 2017),

retains 130A-290(a)(21) for Post-Closure Order originally executed 26 Mar. 2012 signed by Section affiant M. Siedlecki,



B-590

B-591

B-592

B-593



B-594

•

6A t-4CDENR




Mr. Mike Whitford Safety Coordinator Pitt County Schools P.O. Box 1089 Winterville, NC 28590


March 26, 2012

RE: Issuance of Hazardous Waste Management Administrative Order in Lieu of Post-Closure Permit Pitt County Schools, Ayden Disposal Site Ayden, North Carolina 28513 EPAIDNumber: NCD986187 458

Dear Mr. Whitford:


Enclosed please find the Notice of Final Decision and one original executed copy of the Administrative Order in Lieu of a Post-Closure Permit for the above referenced facility. The North Carolina Hazardous Waste Section has determined that proposed activities as identified in the Administrative Order satisfy the full intent of the North Carolina Hazardous Waste Management Rules and Solid Waste Management Act as amended. This Administrative Order issued by the State of North Carolina constitutes a complete Administrative Order under the Federal Resource Conservation and Recovery Act.

Sincerely,

~ ILJ. f!t!a!~ E h W. Cannon, Chief H ous Waste Section

Enclosures: Notice afFinal Decision Administrative Order in Lieu of Post-Closure Permit (one original executed copy) Hazardous Waste Regulations

cc: Jon D. Johnson, US EPA, RCRA Programs Branch Jeff Pallas, US EPA, Restoration and UST Branch Bill Hunneke, Hazardous Waste Section, Inspector Mailing List

v(c: Bud McCarty, Hazardous Waste Section Branch Head 'P(fi'l( ' Mary Siedlecki, Hazardous Waste Section Project Manager

1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone\Fax: 919-707-8200 I lntemet: http//:portal.ncdenr.org/web/wm

An Equal Opportunity \Affirmative Action Employer ·50% Recycled \ % Post Consumer Paper

Pitt county issuance of final alt mech whitford march 2012

OnehC 1. Nort aro Ina /Vaturall!f

B-595

•

•

NOTICE OF FINAL DECISION Regarding

RCRA ADMINISTRATIVE ORDER in LIEU OF POST-CLOSURE PERMIT

Facility Name: Pitt County Schools, Ayden Disposal Site

EPA ID Number: NCD 986 187 458

Location: State Road 11 04 Ayden, North Carolina 28513

Facility Owner: Mr. W. Ray Hardee, Jr.

Facility Operator: Pitt County School Board

After due consideration of the facts applicable to the above named facility as they appear in the Administrative Record and the requirements and policies expressed in the Federal Resource Conservation and Recovery Act (RCRA) and applicable state regulations ( 15A NCAC 13A), the Department has determined that the Administrative Order in Lieu of a Post-Closure Permit should be issued.

In accordance with 40 CFR 124.15 as adopted in 15A NCAC 13A .0105, the Administrative Order will become effective on March 28, 2012. Since no comments were received during the public comment period and no changes have been made to the Draft Administrative Order, there are no appeal rights under 40 CFR 124.19 as adopted in 15A NCAC 13A .0105.

The Administrative Record, with respect to this determination, is maintained at the Department's offices, 217 West Jones Street, Raleigh, North Carolina 27603, and is available for public inspection between the hours of 9:00a.m: and 4:00p.m. Monday through Friday. For further information on this action or for file room appointments, contact the File Room at (919) 707-8270.

eth Cannon, Section Chief a dous Waste Section

tJ-3 -;2(9-jd_ Date

B-596

---------~~


Re:

Owner:

Operator:

Pitt County Schools, Ayden Disposal Site State Road 11 04 Ayden, North Carolina EPA ID Number: NCO 986 187 458

Mr. W. Ray Hardee, Jr. 734 West Hanrahan Road Ayden, North Carolina 28513

Pitt County School Board 717 West Fifth Street Greenville, North Carolina 27834

) ) ) )


Docket Number# 2012-006

B-597

* * * *

[pages omitted]

B-598

Pitt County Schools, Ayden Disposal Site AOC

IV. Conclusions of Law and Detenninations

',.

Based upon the foregoing stipulations of fact and all other information available on the effective date of this Order, the Section concludes and determines that:

A.

B.

C.

Definitions

1. "Hazardous wastes" shall mean those hazardous wastes defined in N.C.G.S. § 130A 290(a)(8) and 40 CFR Part 261, adopted by reference in 15A NCAC 13A .0106(a) through .0106(e).

2. "Hazardous constituents" shall mean those constituents listed in Appendix VIII to 40 CFR Part 261, adopted by reference in 15A NCAC 13A .0106(e), or any constituent identified in Appendix IX to 40 CFR Part 264, adopted by reference in 15A NCAC 13A .0109(a), or under N.C.G.S. 130A-294.


4. The term "Facility'' shall have the meaning given in 40 CFR 260.1 0, adopted by reference in 15A NCAC 13A .0102(b).

5. The terms "disposal" and "treatmenf' shall have the meanings given in N.C.G.S. 130A-290(a)(6) and (a)(42), respectively.

6. The term "Active Portion" shall have the meaning given in 40 CFR 260.1 0, adopted by reference in 15A NCAC 13A .0102(b).

7. The term "Corrective Action" shall mean all activities, including activities conducted beyond the facility boundary, that are proposed or implemented to facilitate assessment, monitoring, and active or passive remediation of releases of hazardous waste or hazardous constituents to soil, groundwater, surface water, or the atmosphere associated with Hazardous Waste Management Units (HWMUs), Solid Waste Management Units (SWMUs), and/or Areas of Concern (AOCs) located at the facility.

Status of Pitt County School Board

1. Pitt County School Board is a person as defined in N.C.G.S. 130A-290(a)(22).

2. Pitt County School Board is an operator as defined in N.C.G.S. 130A-290(a)(21).

Application of RCRA Standards

1. N.C.G.S. 130A-290(a)(6) defines "disposal" as the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituents thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

12

B-599

Rodney.Huerter

Rectangle

Exhibit 28(e) NCD 003 156 460 (Mar. 7, 2017),

retains 130A-290(a)(21) for Post-Closure Order originally executed 13 Apr. 2012 signed by Section affiant M. Siedlecki,



B-600

B-601

B-602

B-603



B-604

..

Beverly Eaves Perdue Governor Director

April 13, 2012



Mr. Tom Richardson International Paper Environment, Health & Safety Services 6400 Poplar A venue Memphis, TN 38197

Subject: Issuance of Hazardous Waste Management Administrative Order in Lieu of Post-Closure Permit International Paper Charlotte Container 5419 Hovis Road Charlotte, North Carolina EPA ID #: NCD 003 156 460

Dear Mr. Richardson:

Enclosed please find the Notice of Final Decision and one original executed copy of the Administrative Order in Lieu of a Post-Closure Permit for the above referenced facility. The North Carolina Hazardous Waste Section has determined that proposed activities as identified in the Administrative Order satisfy

. the full intent of the North Carolina Hazardous Waste Management Rules and Solid Waste Management Act as amended. This Administrative Order issued by the State ofNorth Carolina constitutes a complete Administrative Order under the Federal Resource Conservation and Recovery Act.

Sincerely,

~ w. G4£~4/L E th W. Cannon, Chief H ous Waste Section

Enclosures: Notice ofFinal Decision Administrative Order in Lieu of Post-Closure Permit (one original executed copy) Hazardous Waste Regulations

cc: Jon D. Johnson, US EPA, RCRA Programs Branch JeffPallas, US EPA, Restoration and UST Branch Bill Hunneke, Hazardous Waste Section, Inspector Mailing List

t,A{ Bud McCarty, Hazardous Waste Section Branch Head TfOt r · Mary Siedlecki, Hazardous Waste Section Project Manager

1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone\Fax: 919-707-8200\ Internet: http//:portal.ncdenr.org/web/wm

An Equal Opportunity\ Affirmative Action Employer -50% Recycled I % Post Consumer Paper

International papc:;r issuance of final alt mech april2012

N~~Carolina ;Naturall!f

B-605

NOTICE OF fiNAL DECISION Regarding

RCRA ADMINISTRATIVE ORDER in LIEU OF POST-CLOSURE PERMIT

Facility Name: International Paper Charlotte Container

EPA ID Number: NCD 003 156 460

Location: 5419 Hovis Road Charlotte, North Carolina 28208

Facility Owner/Operator: International Paper Charlotte Container

After due consideration of the facts applicable to the above named facility as they appear in the Administrative Record and the requirements and policies expressed in the Federal Resource Conservation and Recovery Act (RCRA) and applicable state regulations (15A NCAC 13A), the Department has determined that the Administrative Order in Lieu of a Post-Closure Permit should be issued.

In accordance with 40 CFR 124.15 as adopted in 15A NCAC 13A .01 05, the Administrative Order will become effective on April13, 2012. Since no comments were received during the public comment period and no changes have been made to the Draft Administrative Order, there are no appeal rights under 40 CFR 124.19 as adopted in 15A NCAC 13A .0105.

The Administrative Record, with respect to this determination, is maintained at the Department's offices, 217 West Jones Street, Raleigh, North Carolina 27603, and is available for public inspection between the hours of 9:00a.m. and 4:00 p.m. Monday through Friday. For further information on this action or for file room appointments, contact the File Room at (919) 707-8270.

Date

B-606

Re:

North Carolina Department of Environment and Natural Resources Division ofWaste Management

International Paper Charlotte Container 5419 Hovis Road Charlotte, North Carolina 28208 EPA 10: NCO 003 156 460

) ) ) ) ) ) )


Docket Number 2012-007

B-607

* * * *

[pages omitted]

B-608

International Paper AOC

HWMU.

13. International Paper purchased the property and the business from Weyerhaeuser on August 4, 2008, and is currently performing post-closure care of the HWMU. The revised Part A lists International Paper as the owner/operator of the Facility.

F. Summary of Recent Regulatory Action

1. A RCRA Facility Assessment (RFA) was conducted at the Facility in September 2007. Seven Solid Waste Management Units (SWMU's) and one Area of Concern (AOC) were identified. The RFA identified the previously designated HWMU as part of what it identified as AOC1. No units were recommended for further action.

SWMU1 SWMU2 SWMU3 SWMU4 SWMU5a SWMU5b SWMU6 SWMU7 AOC1

ALAR and Internal Drainage System Ink Storage Area Large Roll-off Container Parts Washer Drum (30-gallon capacity) for Oil Used OiVGrease Wipes Container Used Oil Tank (250-gallon capacity) Temporary Large Roll-off Container 1,1, 1-TCA Spill Area and Groundwater Remediation System

2. The Parties' current understanding of the geology and hydrogeology of the Facility is based upon the following documents:

Booz Allen Hamilton, 2007, Data Gap Assessment for Weyerhaeuser Containerboard Packaging Plant, Final, September 2007.

Delta Environmental Consultants, Inc., 1992, Phase I Site Characterization, Weyerhaeuser, Charlotte Box Company, September 1992.

Delta Environmental Consultants, Inc., 1992, Phase If Site Characterization, Weyerhaeuser, Charlotte Box Company, November 1992.

Delta Environmental Consultants, Inc., 1994, Source Removal, Correspondence from Mr. Scott Recker to Mr. Jerome H. Rhodes of the North Carolina Department of Environment and Natural Resources, June 2, 1994.

Delta Environmental Consultants, Inc., 1994, Closure Plan, Weyerhaeuser Paper Company, August 1994.

Delta Environmental Consultants, Inc., 1998, Semi-Annual Groundwater Sampling and Analysis Plan, Weyerhaeuser Box Plant, May 1998.

Delta Environmental Consultants, Inc., 1999a, Groundwater Remediation System Shut-Down, Correspondence to the North Carolina Department of Environment and Natural Resources, March 4, 1999.

Delta Environmental Consultants, Inc., 1999b, 1998 Annual Monitoring Report, Correspondence to the North Carolina Department of Environment and Natural Resources, June 9, 1999.

8

B-609

Rodney.Huerter

Rectangle

International Paper AOC

IV. Conclusions of Law and Detenninations

Based upon the foregoing. stipulations of fact and all other information available on the effective date of this Order, the Section condudes and determines that

A Definitions

1. "Hazardous wastes" shall mean those hazardous wastes defined in N.C.G.S. § 130A-290(a)(8) and 40 CFR Part261, adopted by reference in 15A NCAC 13A .0106(a) through .0106(e).



4. The term "Facility'' shall have the meaning given in 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b).

5. The term "disposal" shall have the meaning given in N.C.G.S. 130A-290(a)(6).

6. The term "Facility boundary'' as used in this Order is the furthermost extent of the property owned and used by International Paper.

7. The term "Active Portion" shall have the meaning given in 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b).

8. The term "Corrective Action" shall mean all activities, including activities conducted beyond the facility boundary, that are proposed or implemented to facilitate assessment monitoring, and active or passive remediation of releases of hazardous waste or hazardous constituents to soil, groundwater, surface water, or the atmosphere associated with Hazardous Waste Management Units (HWMUs), Solid Waste Management Units (SWMUs), and/or Areas of Concern (AOCs) located at the facility.

B. Status of International Paper

1. International Paper is a person as defined in N.C.G.S. 130A-290(a)(22).

2. International Paper is an owner /operator as defined in N.C.G.S. 130A-290(a)(21).


1. 40 CFR 261.31, adopted by reference in 15A NCAC 13A .0106, lists spent halogenated solvent, 1, 1, 1-TCA, as hazardous waste code F002.

2. If the owner/operator cannot demonstrate that all contaminated soils have been removed, the owner/operator must close the regulated unit in accordance with the requirements that apply to landfills (264.310). In the absence of soil samples collected from the excavation sidewalls, it must be assumed that the former release area was closed with contaminated soils in place and has, therefore, been closed as a landfill.

3. A "landfill" is also a "land disposal facility;" therefore the owner and operator are subject to all the requirements for landfills set out in 40 CFR Part 265, Subparts G and H, adopted by

11

B-610

Rodney.Huerter

Rectangle

Exhibit 28(f) NCD 986 190 791 (June 22, 2017),

retains 130A-290(a)(21) for Post-Closure Order originally executed 11 Oct. 2011 copied to Section supervisor and affiant B. McCarty


B-611

B-612

B-613

B-614



B-615

NA MCDENR




ISSUANCE OF FINAL


RCRA ADMINISTRATIVE ORDER in LIEU POST-CLOSURE PERMIT


Mrs. Angela Beck EHS Supervisor Haynes Wire Company P.O. Box 677 Mountain Home, NC 28758

October 12, 2011

Re: Issuance of Hazardous Waste Management Administrative Order in Lieu of Post-Closure Permit Haynes Wire Company EPA ID Number: NCD 986 190 791

Dear Mrs. Beck:

The Notice of Final Decision regarding the RCRA Administrative Order in Lieu of Post-Closure Permit and the Federal Resource Conservation and Recovery Act (RCRA) Administrative Order for Haynes Wire Company are enclosed. This Administrative Order identifies specific wastes and associated management practices that may be handled in accordance with the North Carolina Hazardous Waste Management Rules. The enclosed document will constitute the RCRA Administrative Order for Haynes Wire Company. A link to the North Carolina Hazardous Waste Rules and Regulations is provided below with a certified copy Hazardous Waste Management Rules (15A NCAC 13A) enclosed.

http://pmial.ncdenr.org/web/wm/hw/rules/statclaws

If there are any questions concerning the Administrative Order or the appeal procedure, please contact Adam Ulishney at (919) 508-8554.

1646 Mail Service Center, Raleigh, North Carolina 27699-1646 Phone 919-508-8400 \FAX 919-715-4061 \Internet: www.wastenotnc.org

One . NorthCarohna ;v aturall!f An Equal Opportunity\ Affirmative Acl1on Employer

B-616

Mrs. Bee~ Page 12 October 12. 2011

Please note, effective October 24, 2011 my new phone number will be (919) 707-8210.

Sincerely,

th Cannon, Section Chief

Enclosures: Administrative Order in Lieu of a Post Closure Permit Certified Copy of Rules (15A NCAC 13A)

cc: Jon D. Johnston, US EPA, Region 4 John Johnston, US EPA, Region 4 Spring Allen-Inspector Terry Wilson-Henderson County Clerk Tammie Drake-Hendersonville City Clerk William Ferguson-Hendersonville City Manager Thomas D. Bridges-Henderson County Health Director Rocky Hyder-Henderson County LEPC Kris Krause-RMT, Inc

~c~

rc: VBud McCarty, HWS Branch Head ·ro ,. t~'l Vance Jackson, HWS Unit Supervisor 1-· Adam Ulishney, HWS Project Manag/rP'

Haynes wire issuance of final aoc

B-617

NOTICE OF FINAL DECISION Regarding

RCRA ADMINISTRATIVE ORDER in LIEU OF A POST-CLOSURE PERMIT

FACILITY NAME:

EPA ID Number:

Location:

Facility Operator: Facility Owner:

Haynes Wire Company

NCD 986 190 791

158 North Egerton Road Mountain Home, North Carolina 28758

Haynes Wire Company Haynes Wire Company

After due consideration of the facts applicable to the above named facility as they appear in the Administrative Record and the requirements and policies expressed in the Federal Resource Conservation and Recovery Act (RCRA) and applicable state regulations (15A NCAC 13A), the Department has determined that this Administrative Order in Lieu of a Post-Closure Permit (Order) should be issued.

In accordance with 40 CFR 124.15 as adopted in 15A NCAC 13A .0105, the Order will become effective on October 12, 2011. Since no comments were received during the public comment period and no changes have been made to the Draft Order, there are no appeal rights under 40 CFR 124.19 as adopted in 15A NCAC 13A .0105.

The Administrative Record, with respect to this determination, is maintained at the Department's offices, 401 Oberlin Road, Suite 150, Raleigh, North Carolina 27605, and is available for public inspection between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday. For further information regarding this Order or file room appointments, contact the File Room at (919) 508-8564. Please note, effective October 24,2011 the Department's new address will be 217 West Jones Street, Raleigh, North Carolina, 27603 and the phone number for the File room will be (919) 707-8270.

Elii eth Cannon, Section Chief ~zardous Waste Section

'CJ

Date

B-618

Re:


Haynes Wire Company ) Administrative Order 158 North Egerton Road) ) in Lieu of Post-Closure Permit Mountain Home, NC 28758 )

) ) Docket Number 2011-080

EPAID#NCD986190791 )

B-619

* * * *

[pages omitted]

B-620

Haynes Wire Company AOC


Based upon the foregoing stipulations of fact and all other information available on the effective date of this Order, the Section concludes and determines that:

A. Definitions

1. "Hazardous wastes" shall mean those hazardous wastes defined in N.C.G.S. § 130A-290(a)(8) and 40 CFR Part 261, adopted by reference in 15A NCAC 13A .0106(a) through .0106(e).



4. The term "Facility" shall have the meaning given in 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b).

5. The terms "disposal" and ''treatmenf' shall have the meanings given in N.C.G.S. 130A-290(a)(6) and (a)(42), respectively.

6. The term Facility boundary as used in this Order is the furthermost extent of the property owned and used by Haynes Wire Company.

7. The term "Active Portion'' shall have the meaning given in 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b).

8. The term "Corrective Action'' shall mean all activities, including activities conducted beyond the Facility boundary, that are proposed or implemented to facilitate assessment, monitoring, and active or passive remediation of releases of hazardous waste or hazardous constituents to soil, groundwater, surface water, or the atmosphere associated with Hazardous Waste Management Units (HWMUs), Solid Waste Management Units (SWMUs), and/or Areas of Concern (AOCs) located at the Facility.

B. Status ofHaynes Wire Company

1. Haynes Wire Company is a person as defined in N.C.G.S. 130A-290(a)(22).

2. Haynes Wire Company is an owner/operator as defined in N.C.G.S. 130A-290(a)(21).

17

B-621

Rodney.Huerter

Rectangle

Exhibit 28(g) NCD 060 302 577 (Aug. 18, 2017),

retains 130A-290(a)(21) for Post-Closure Order originally executed 28 Sept. 2012 copied to Section supervisor and affiant B. McCarty


B-622

B-623

B-624

B-625

B-626



B-627

~Pf"A

~il~~ ~CD!!!!"!"'E~~R




Mr. Mitch Barger Facility Manager BE Aerospace, Incorporated 1455 Fairchild Road Winston-Salem, NC 27105


September 27, 2012

RE: Administrative Order in Lieu of Post-Closure Permit BE Aerospace, Incorporated Winston-Salem, NC EPA ID # NCD 060 302 577

Dear Mr. Barger:


Please find enclosed one (1) signed original of the final "Administrative Order in Lieu of Post-Closure Permit" (Order) for the BE Aerospace, Incorporated facility located in Winston-Salem, NC. The date the Order was signed by the NC Hazardous Waste Section, September 28, 2012, is the effective date of the Order.

If you have any questions concerning this correspondence, please contact Larry Stanley at (919) 707-8211 or at [email protected].

Sincerely,

ahft£ fA). &40LA~ E eth W. Cannon, Chief N azardous Waste Section

Enclosure: Administrative Order in Lieu of Post-Closure Permit

1646 Mail Service Center, Raleigh , North Carolina 27699-1646 Phone\Fax: 919-707-8200 I Internet: http//:portal.ncdenr.org/web/wrn

An Equal Opponunity I Affirmative Action Employer -50% Recycled I % Post Consumer Paper

N~rth Carolina ;Natural!!!

B-628

Mr. Barger Page 2 September 27, 2012

cc:

rc:

Jon D. Johnston, US EPA, Region 4 J. Dudley Watts, Jr. , Forsyth County Manager Marlon B. Hunter, Forsyth County Department of Public Health Minor Barnette, Forsyth County Depart. of Environmental Assist. and Protection Lee Garrity, Winston-Salem City Manager Ryan Patch, BE Aerospace Ernie Lawrence Larry Stanley

/').....M L' Bud McCarty'"'o' ·· QuQi ~ Larry Stacl'ey/2f-1

B-629

North Carolina Department of Environment and Natural Resources

Division of Waste Management

Re: BE Aerospace, Inc. 1455 Fairchild Road Winston-Salem, NC EPA ID # NCD 060 302 577


Docket Number: (2012-076)

B-630

* * * *

[pages omitted]

B-631


Based upon the foregoing stipulations of fact available on the effective date of this Order, determines that:

A. Definitions

BE Aerospace AOC

and all other information the Section concludes and

1. "Hazardous wastes" shall mean those hazardous wastes defined in N.C.G.S. § 130A-290(a) (8) and 40 CFR Part 261, adopted by reference in 15A NCAC 13A .0106(a) through . 0106(e).

2. "Hazardous constituents" shall mean those constituents listed in Appendix VIII to 40 CFR Part 261, adopted by reference in 15A NCAC 13A .0106(e ), or any constituent identified in Appendix IX to 40 CFR Part 264, adopted by reference in 15A NCAC 13A .0109(a), or under N.C.G.S. 130A-294.

3. "Landfill" shall have the meaning given in N.C.G.S. 130A-290 (a) (16) .

4. The term "Facility" shall have the meaning given in 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b).

5. The terms "disposal" and "treatment" shall have the meanings given in N.C.G.S. 130A-290(a) (6) and (a) (42), respectively.

6. The term "Facility boundary, " as used in this Order, is the furthermost extent of the property owned by Three Aircraft Seats, L. P. and currently used by BE Aerospace, Inc. The boundary of the Facility is shown on maps in Attachments A and C.

7. The term "active portion" shall have the meaning given in 40 CFR 260.10, adopted by reference in 15A NCAC .0102(b).

8. The term "Corrective Action" shall mean all activities, including activities conducted beyond the Facility boundary, that are proposed or implemented to facilitate assessment, monitoring, and active or passive remediation of releases of hazardous waste or hazardous constituents to soil, groundwater, surface water, or the atmosphere associated with Hazardous Waste Management Units (HWMUs), Solid Waste Management Units (SWMUs), and/ or Areas of Concern (AOCs) located at the Facility.

B. Status of BE Aerospace , Inc.

1. BE Aerospace , Incorporated is a person as defined in N. C. G.S. 130A-290 (a) (22).

2. BE Aerospace, Inc . is an operator as defined in N.C.G.S. 130A-290(a) (21). BE Aerospace, Inc. is listed as the operator on the most recent Part A permit application, dated May 6, 2010.

3. Three Aircraft Seats (DE) , L . P. is a person as defined in N.C.G.S. 130A-290(a) (22) .

14

B-632

Rodney.Huerter

Rectangle

BE Aerospace AOC

4. Three Aircraft Seats, L.P. is an owner as defined in N.C .G.S. 130A-290(a) (21). Three Aircraft Seats, L.P. is listed as the owner on the most recent Part A permit application, dated May 6, 2010.


1. Pursuant to 40 CFR 265.1 (b), the standards of 40 CFR Part 265 apply to owners and operators of facilities where disposal of hazardous waste has occurred and where the owners and operators have complied with most of the requirements for interim status under Section 3005 (e) of RCRA and 40 CFR 270.10 until either a permit is issued under Section 3005 of RCRA or until applicable Part 265 closure and post-closure responsibilities are fulfilled. The standards of 40 CFR Part 265 also apply to owners and operators of facilities in existence on November 19, 1980, where disposal of hazardous waste has occurred, who have failed to provide timely notification as required by Section 3010(a) of RCRA and/or failed to file Part A of the permit application as required by 40 CFR 270.10(e) and (g). As stipulated above, the Site was in existence on November 19, 1980 and managed hazardous waste at the site after 1980. Due to the residual concentrations of PCE and other volatile organic compounds at concentrations above toxicity standards, disposal of toxicity characteristic hazardous waste occurred at the Site; therefore, the provisions of the Act and regulations apply to owners and operators of the Site.

2. SWMU 5-Former Hazardous Waste Storage Area is a regulated unit. Since soil contaminated with tetrachloroethene (PCE) was left in place at the SWMU, the unit was closed as a landfill and capped in accordance with 40 CFR 264.300 - 264.351 (as incorporated by reference in 15 NCAC 13A .0109). The unit was closed in accordance with an approved closure plan in 2008.

3. At final closure of a landfill, the owner or operator is required to comply with the provisions of 40 CFR 265.310 (a) , as incorporated by reference in 15A NCAC 13A .0110(n), for closure and to comply with the provisions of 40 CFR 265.310(b), as incorporated by reference in 15A NCAC 13A . 0110 (n), for post-closure throughout the post-closure care period. A post closure plan for SWMU 5-Former Hazardous Waste Storage Area was approved by the NC Hazardous Waste Section in 2009.

4. Based on the foregoing and pursuant to 40 CFR 270.1 (c), adopted by reference in 15A NCAC 13A .0113(a), BE Aerospace is required to have a post-closure permit or an enforceable document in lieu of a post-closure permit for SWMU 5-Former Hazardous Waste Storage Area.

5. As substantiated in the reports submitted by BE Aerospace, the Division has determined that a Regulated Unit, identified as SWMU 5-Former Hazardous Waste Storage Area,

15

B-633

Exhibit 28(h) NCD 057 451 270 (Sept. 20, 2017),

retains 130A-290(a)(21) for Post-Closure Order originally executed 14 Aug. 2012 signed by Section affiant M. Siedlecki,


Included as Exhibit 30(d)

B-634

Documents

Exhibit 28 - North Carolina Management... · Exhibit 28(a) NCD 008 560 032 (July 27, 2016), retains 130A-290(a)(21) for Post-Closure Order originally executed 17 May 2011 signed by