CCAFS Landfill asbestos monofill permit 0614.pdf

“More Protection, Less Process” www.dep.state.fl.us

Florida Department of Environmental Protection

Central District 3319 Maguire Boulevard, Suite 232

Orlando, Florida 32803-3767

Charlie Crist Governor

Jeff Kottkamp

Lt. Governor

Michael W. Sole Secretary

NOTICE OF PERMIT

By E-Mail Alexander.Stokes@patrick.af.mil

Mr. E. Alexander Stokes, III OCD-SW-08-0614 United States Air Force 45th CES/CEV, 1224 Jupiter Street Patrick Air Force Base, FL 32925

Brevard County – SW Cape Canaveral Air Force Station Asbestos Monofill Permit Application No.SO05-0026050-010

Dear Mr. Stokes:

Enclosed is Permit Number SO05-0026050-010 to operate the Cape Canaveral Air Force Station Asbestos Monofill, issued under Section(s) 403.0061(14) and 403.707, of the Florida Statutes.

Any party to this order (permit) has the right to seek judicial review of the permit under Section

120.68 of the Florida Statutes, by filing of a Notice of Appeal under rule 9.110 of the Florida Rules of Appellate Procedure, with the Clerk of the Department of Environmental Protection, Office of General Counsel, Mail Station 35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this notice is filed with the Clerk of the Department.

Executed in Orlando, Florida

STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

Vivian F. Garfein Director, Central District 3319 Maguire Boulevard, Suite 232 Orlando, FL 32803 407/894-7555

Date: December 16, 2008

FILING AND ACKNOWLEDGEMENT

Filed on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk, receipt of which is hereby acknowledged.

Dec. 16, 2008 Clerk Date

CERTIFICATE OF SERVICE

The undersigned duly designated deputy agency clerk hereby certifies that this NOTICE OF PERMIT and all copies were sent before the close of business on December 16, 2008 to the listed persons.

Clerk

VFG/gc/ew

Enclosure:

1. Permit No. SO05-0026050-010

2. Appendix A – List of Documents Incorporated into Permit

3. Appendix B - Time Sensitive Specific Conditions

Copies furnished to:

Richard Tedder, P.E. – DEP- Tallahassee Dan Phillips, Patrick AFB, daniel.phillips.ctr@patrick.af.mil Brian L. Barfus, P.E., brianbarfus@earthlink.net Larry Smith, Patrick AFB, larry.smith@patrick.af.mil Euripides Rodriguez – Brevard County Solid Waste Management Euripides.Rodriguez@brevardcounty.us

Florida Department of Environmental Protection

Central District 3319 Maguire Boulevard, Suite 232

Orlando, Florida 32803-3767

Charlie Crist Governor

Jeff Kottkamp

Lt. Governor

Michael W. Sole Secretary

Permittee:

United States Air Force WACS Facility: 16451 45th CES/CEV Permit Number: SO05-0026050-010 1224 Jupiter Street Expiration Date: 11/15/2013 Patrick Air Force Base, FL 32925 County: Brevard Section 19, Township 23 South, Range 38 East Latitude 28°28’19” N, Longitude 80°33’48” W Project: Cape Canaveral Air Force Station - Asbestos Monofill

Attention: Mr. E. Alexander Stokes, III

This permit is issued under the provisions of Chapter 403, Florida Statutes, and Florida Administrative Code Rules 62-4 and 62-701. The above named permittee is hereby authorized to perform the work or operate the facility shown on the application and approved drawings, plans, and other documents attached hereto or on file with the Department and made a part hereof and specifically described as follows:

• To operate the Cape Canaveral Air Force Station (CCAFS) – Asbestos Monofill for disposal of asbestos containing materials (ACM) from Patrick Air Force Base, Cape Canaveral Air Force Station, Malabar Transmitter Annex, Jonathan Dickinson Missile Tracking Annex, Ascension Auxiliary Airfield, Antigua Air Station, and Kennedy Space Center.

• The Asbestos Monofill shares common property with a permitted Construction & Demolition Debris (C&D) disposal facility and a permitted closed Class I disposal facility. The common property is referred as the CCAFS landfill. The hours of operation of the Asbestos Monofill are Tuesday & Thursday 0730 -1400 hours.

• The total disposal area of the CCAFS landfill is 172 acres. The total used area is 69.96 acres and the available area is 102.04 acres.

• The Asbestos Monofill is designed without a bottom liner and leachate collection system because of the nature of the waste accepted.

• The CCAFS Asbestos Monofill accepts only friable asbestos material and non-friable asbestos containing material both Category I and II ACM. The ACM is covered daily with 6 inches of clean soil, and then 18 inches after compacting.

• From May 1981 to the present, asbestos waste, which was properly wrapped or containerized per federal and state regulations, has been disposed of at the Cape Canaveral Air Force Station in two areas delineated with appropriate warning signs.

LOCATION: The CCAFS Asbestos Monofill is located at the Cape Canaveral Air Force Station, east on Highway 528, north on Highway 401, off Central Control Rd., Cape Canaveral, in Brevard County, Florida.

GENERAL CONDITIONS:

1. The terms, conditions, requirements, limitations and restrictions set forth in this permit, are “permit conditions” and are binding and enforceable pursuant to Sections 403.141, 403.727, or 403.859 through 403.861, Florida Statutes (F.S.). The permittee is placed on notice that the Department will review this permit periodically and may initiate enforcement action for any violation of these conditions.

2. This permit is valid only for the specific processes and operations applied for and indicated in the approved drawings or exhibits. Any unauthorized deviation from the approved drawings, exhibits, specifications, or conditions of this permit may constitute grounds for revocation and enforcement action by the Department.

3. As provided in subsections 403.087(6) and 403.722(5), F.S., the issuance of this permit does not convey any vested rights or any exclusive privileges. Neither does it authorize any injury to public or private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations. This permit is not a waiver of or approval of any other Department permit that may be required for other aspects of the total project which are not addressed in this permit.

4. This permit conveys no title to land or water, does not constitute State recognition or acknowledgment of title, and does not constitute authority for the use of submerged lands unless herein provided and the necessary title or leasehold interests have been obtained from the State. Only the Trustees of the Internal Improvement Trust Fund may express State opinion as to title.

5. This permit does not relieve the permittee from liability for harm or injury to human health or welfare, animal, or plant life, or property caused by the construction or operation of this permitted source, or from penalties therefore; nor does it allow the permittee to cause pollution in contravention of Florida Statutes and Department rules, unless specifically authorized by an order from the Department.

6. The permittee shall properly operate and maintain the facility and systems of treatment and control

(and related appurtenances) that are installed and used by the permittee to achieve compliance with the conditions of this permit, as required by Department rules. This provision includes the operation of backup and auxiliary facilities or similar systems when necessary to achieve compliance with the conditions of the permit and when required by Department rules.

7. The permittee, by accepting this permit, specifically agrees to allow authorized Department personnel, upon presentation of credentials or other documents as may be required by law and at reasonable times, access to the premises where the permitted activity is located or conducted to:

(a) Have access to and copy any records that must be kept under conditions of this permit;

(b) Inspect the facility, equipment, practices, or operations regulated or required under this permit;

and

(c) Sample or monitor any substances or parameters at any location reasonably necessary to assure compliance with this permit or Department rules.

8. If, for any reason, the permittee does not comply with or will be unable to comply with any condition or limitation specified in this permit, the permittee shall immediately provide the Department with the following information:

(a) A description of and cause of noncompliance; and

GENERAL CONDITIONS:

(b) The period of noncompliance, including dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and prevent recurrence of the noncompliance. The permittee shall be responsible for any and all damages which may result and may be subject action by the Department for penalties or for revocation of this permit.

9. In accepting this permit, the permittee understands and agrees that all records, notes, monitoring data and other information relating to the construction or operation of this permitted source which are submitted to the Department may be used by the Department as evidence in any enforcement case involving the permitted source arising under the Florida Statutes or Department rules, except where such use is prescribed by Section 403.111 and 403.73, F.S. Such evidence shall only be used to the extent it is consistent with the Florida Rules of Civil Procedure and appropriate evidentiary rules.

10. The permittee agrees to comply with changes in Department rules and Florida Statutes after a reasonable time for compliance; provided, however, the permittee does not waive any other rights granted by Florida Statutes or Department rules.

11. This permit is transferable only upon Department approval in accordance with Rule 62-4.120 and 62-

730.300, Florida Administrative Code (F.A.C.), as applicable. The permittee shall be liable for any non-compliance of the permitted activity until the transfer is approved by the Department.

12. This permit or a copy thereof shall be kept at the work site of the permitted activity.

13. The permittee shall comply with the following:

(a). Upon request, the permittee shall furnish all records and plans required under Department rules.

During enforcement actions, the retention period for all records will be extended automatically unless otherwise stipulated by the Department.

(b). The permittee shall hold at the facility or other location designated by this permit records of all monitoring information (including all calibration and maintenance records and all original strip chart recordings for continuous monitoring information) required by the permit, copies of all reports required by this permit, and records of all data used to complete the application for this permit. These materials shall be retained at least three years from the date of the sample, measurement, report, or application unless otherwise specified by Department rule.

(c). Records of monitoring information shall include:

the date, exact place, and time of sampling or measurements;

the person responsible for performing the sampling or measurements;

the dates analyses were performed;

the person responsible for performing the analyses;

the analytical techniques or methods used;

the results of such analyses.

14. When requested by the Department, the permittee shall within a reasonable time furnish any information required by law which is needed to determine compliance with the permit. If the permittee becomes aware the relevant facts were not submitted or were incorrect in the permit application or in any report to the Department, such facts or information shall be corrected promptly.

PERMITTEE: WACS Facility: 16451 United States Air Force Permit Number: SO05-0026050-010 45th CES/CEV Expiration Date: 11/15/2013

Attention: Mr. E. Alexander Stokes, III

SPECIFIC CONDITIONS:

Note that time-sensitive specific conditions are summarized in Appendix B of this permit.

1. Plans and Specifications: Drawings, plans, documents and specifications submitted by the permittee, not attached hereto, but remain on file at the Central District office, are made a part of this permit.

The documents are listed in Appendix A.

2. Document Requirements: A copy of the permit, with a complete copy of the permit application and engineering drawings shall be kept on file at the facility for inspection and review upon request.

3. Other Permits: This permit does not relieve the permittee from complying with any other appropriate stormwater, ERP or other permit requirements.

4. Signs: Signs indicating the name of the operating authority, traffic flow, hours of operation, charges for disposal and the types of wastes accepted shall be placed at all entrances to the site.

5. Site Access: Access to the site shall be restricted by an effective barrier designed to prevent unauthorized entry and dumping.

6. Litter, Dust & Fire Protection: The monofill shall have litter control devices, dust controls, fire protection and fire-fighting facilities. Litter is to be picked up and litter control devices are to be cleaned with the litter placed in the active cell.

7. Safety Devices: Safety devices shall be provided on equipment to shield and protect the operators from potential hazards during operation.

8. Equipment Breakdown: In the event of equipment malfunction, destruction, breakdown or other problems resulting in the permitttee being temporarily unable to comply with any of the conditions of this permit, the permittee shall immediately notify the Department. The notification shall address the cause of the problem, corrective action, and what steps are being taken to prevent a recurrence, as required by Rule 62-4.130, F.A.C.

9. Effluent Discharge: There shall be no discharge of liquid effluents or contaminated runoff to surface or ground water without prior approval from this Department.

10. Storm Water Management: All storm water runoff from the site shall be collected and treated to meet the requirements of Chapters 373 and 403, Florida Statutes (F.S.), prior to discharge off-site. The storm water management system shall prevent storm water flow into waste filled areas.

11. Prohibited Materials: This monofill shall receive only asbestos. Garbage, yard trash, white goods, waste oil, hazardous wastes, infectious waste, residential waste and any other prohibited materials inadvertently received at the monofill shall be immediately removed and shall be properly disposed.

12. Solid Waste Burning: Burning of solid waste is prohibited except in accordance with Rule 62-

701.300(3), F.A.C. Any fires at the facility must be reported to the Department in accordance with the operation plan. Also, within five (5) days, a letter explaining the cause, remedial action, and measures taken to prevent a recurrence must be sent to the Department.

45th CES/CEV Expiration Date: 11/15/2013

Attention: Mr. E. Alexander Stokes, III

SPECIFIC CONDITIONS:

13. Improper Operations: When the Department, after investigation, has good reason (such as complaints, questionable maintenance of equipment, improper operations, etc.) to believe that any applicable standard contained in Chapter 62-701, F.A.C. or in this permit is being violated, it may require the owner or operator of the source to identify the nature of the problem and to submit a report to the Department, in writing, on the results of the investigation and corrective action taken to prevent its recurrence.

14. Asbestos Disposal Requirements: Asbestos containing waste material from a source covered under the National Emission Standards for Asbestos, 40 CFR Part 61, Subpart M, disposed at the monofill, shall meet the requirements of 40 CFR Part 61.154 and Rule 62-701.520(3)(a), F.A.C.

15. Waste Generator Requirements: The waste generator shall make arrangements with the monofill operator before disposal of such regulated asbestos-containing waste materials, and inform the operator of the quantity of the waste and the scheduled date the shipment will arrive at the facility, Rule 62-701.520(3)(b), F.A.C.

16. Asbestos Disposal Location: The monofill operator shall direct the waste transporter to the designated disposal location. The disposal location shall be recorded in accordance with 40 CFR Part 61.154, and a record of the asbestos location shall be maintained, Rule 62-701.520(3)(c), F.A.C.

17. Cover Soil: After placement of the asbestos, facility personnel shall place a minimum of six (6) inches of cover soil immediately over the asbestos and then 12 inches after compacting. The cover soil shall be placed on the waste prior to compaction to prevent asbestos fibers from becoming airborne.

18. Routine Maintenance: Cracks or eroded sections in the surface of any filled and covered areas shall be properly repaired and a regular maintenance program shall be followed to eliminate pockets or depressions that may develop as refuse settles.

19. Operation Plan: An operation plan shall be kept at the monofill. All operators and spotters shall be trained and knowledgeable about the plan.

20. Trained Operator and Spotters: A trained operator shall be on duty at the facility at all times that the facility is operating. In addition, a sufficient number of trained spotters shall be on duty at the working face to inspect the incoming waste at all times waste is being accepted at the site.

21. Training Requirements: Operators and spotters employed at the facility shall meet the training requirements of Rule 62-701.320(15), F.A.C.

22. Operations Report: An operating report shall be submitted to the Solid Waste Section, Department of

Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 on a quarterly basis with a copy to: Department of Environmental Protection, Central District, Solid Waste Program, 3319 Maguire Boulevard, Suite 232, Orlando, Florida 32803-3767. Reports shall include the following:

a) types of solid waste received (Asbestos Containing Materials only).

b) quantities of solid waste received (Asbestos Containing Materials only).

45th CES/CEV Expiration Date: 11/15/2013

Attention: Mr. E. Alexander Stokes, III

SPECIFIC CONDITIONS:

23. Permit Deviations: The Department shall be notified and approval shall be obtained prior to executing any substantial changes or revisions to the operation authorized by this permit.

24. Operation Permit Renewal: An operation permit renewal must be submitted at least 60 days prior to the expiration date of this permit. (Rule 62-4.090, F.A.C.)

25. Final Cover: Final cover and seeding or planting of vegetative cover shall be placed on each disposal unit within 180 days after final receipt of waste. Final cover shall consist of a 24-inch thick soil layer, the upper six inches of which shall be capable of supporting vegetation and shall be graded to eliminate ponding, promote drainage and minimize erosion. The side slopes of all above-grade disposal areas shall be no greater than three feet horizontal to one foot vertical rise.

26. Closure Completion: The owner or operator shall notify the Department within 30 days after closing, covering, and seeding of the facility as required in No. 26 above.

27. Operating Rates: The permitted asbestos waste disposal rate for this source is an average of 10 cubic yards/day as stated in your application. Actual operating rates may vary depending upon business conditions.

ISSUED: December 16, 2008

STATE OF FLORIDA DEPARTMENT

OF ENVIRONMENTAL PROTECTION

Vivian F. Garfein Director, Central District 3319 Maguire Boulevard – Suite 232

Orlando, Florida 32803

FILING AND ACKNOWLEDGMENT

FILED, on this date, pursuant to Section 120.52, Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged.

Dec. 16, 2008

Clerk Date

CERTIFICATE OF SERVICE

The undersigned duly designated deputy agency clerk hereby certifies that this NOTICE OF PERMIT and all copies were sent before the close of business on December 16, 2008 to the listed persons.

Clerk

Appendix A List of Documents Incorporated into the Permit

1. Renewal Permit Application for the Cape Canaveral Air Force Station, Asbestos Monofill Disposal Facility, prepared for U.S. Air Force, 45 CES/CEV, 1224 Jupiter Street, Patrick AFB, FL 32925-3343 by Brian Barfus, P.E dated August 14 2008. Received and stamped August 15, 2008, DEP – Central District.

2. First Request for Additional Information from Central District – DEP dated September 10, 2008.

3. Response from Department of the Air Force, 45 CES/CEVC 1224 dated October 09, 2008. Received and stamped October 10, 2008, DEP – Central District.

Appendix B

Time Sensitive Specific Conditions DEP Permit Number SO05-0026050-010

Specific Condition Requirement Action Due date

8 Equipment Breakdown

Notify the Department of equipment breakdown, malfunction, etc.

Immediately upon discovery

9 Effluent Discharge Prior to any discharge of liquid effluents/contaminated runoff to surface water or groundwater

Seek Approval of the Department

11 Prohibited Materials This Monofill will dispose off only asbestos containing material

Immediately remove any prohibited waste received inadvertently at the facility

12 Solid Waste Burning

Report to the Department fires at the facility

In accordance with the operation plan.

12 Solid Waste Burning

Submit a letter explaining the cause, remedial action, and measures to prevent recurrence of a fire incident

Within five (5) days of fire incident.

22 Operations Report Submit annual waste quantity report

No Later Than April 1 of each year and shall cover the data for preceding calendar year

23 Permit Deviations Notify the Department of any substantial changes or revisions to the operation

Prior to executing any substantial changes or revisions to the operation

Operation Permit Renewal (Permit expires on 11/15/2013)

Submit an operation permit renewal application

At least 60 days prior to the expiration date of this permit (before 09/17/2013)

25 Final Cover Provide final cover and seeding or planting of vegetative cover

Within 180 days after final receipt of waste.

Appendix B Time Sensitive Specific Conditions

DEP Permit Number SO05-0026050-010 Specific

Condition Requirement Action Due date

26 Closure Completion Submit an updated closure plan to the Department.

Within 30 days of closure completion