MATTHEW G. BEVIN CHARLES G. SNAVELY SECRETARY GOVERNOR E NERGY D EPARTMENT AND FOR E NVIRONMENT C ABINET E NVIRONMENTAL P ROTECTION A ARON B. K EATLEY COMMISSIONER 300 SOWER BOULEVARD FRANKFORT, KENTUCKY 40601 March 8, 2017 Tom Shaw Managing Director, Environmental Services Big Rivers Electric Corporation 201 Third Street, P.O. Box 24 Henderson, Kentucky 42419-0024 Certified Mail No. 7016 0750 0000 1946 2217 RE: Technical Notice of Deficiency (NOD) #3 Groundwater Assessment Plan, and Response to January 3, 2017 Notice of Violation Big Rivers Electric Corporation D.B. Wilson Station Special Waste Landfill Agency Interest No. 3319 Activity I.D. Nos. AIN20140001 and ENV20160002 Ohio County Dear Mr. Shaw: The Kentucky Division of Waste Management (DWM), Solid Waste Branch has reviewed your response to DWM’s Notice of Deficiency (NOD) #2 for the Groundwater Assessment Plan for the Big Rivers Electric Corporation (BREC) Special Waste Landfill (received January 17, 2017) and your response to DWM’s January 3, 2017 Notice of Violation (NOV), received February 10, 2017. DWM has found your responses deficient in the following respects: 1) Groundwater Assessment Plan: a) General Comment 1: During the Operation & Maintenance (O&M) inspection conducted by DWM Field Geologist Kevin Patrick from October 3rd to October 5th, 2016, leachate was documented flowing from landfilled waste into ditches leading to the sedimentation basin that discharges to Outfall 002. There is no uncertainty that the subject fluids are leachate (i.e., water that percolates through or comes in contact with waste), as the fluids were both seen and photographed flowing from the waste itself. The leachate was sampled, and subsequent analysis by the state laboratory facility showed arsenic at 9,810 μg/L, 981 times the groundwater Maximum Contaminant KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D Mr. Tom Shaw March 8, 2017 Page 2 of 3 A.I. 3319 AIN20140001 and ENV20160002 Level (MCL) of 401 KAR 30:031. Antimony was detected at 73.0 μg/L (over 12 times the MCL). These constituents are commonly elevated in Coal Combustion Residual (CCR) leachate, and can represent a significant hazard to human health and the environment. Historic aerial photography shows that leachate may have been flowing to the sediment pond since 2010, and possibly as early as 2003. Examination of recent imagery reveals that the leachate outbreaks documented in DWM’s 2016 O&M inspection may not be the only ones in existence at the site. At present, both the Phase I and Phase II landfills appear to show leachate outbreaks that flow through as much as 4700 feet (0.89 miles) of unlined ditches to the unlined sediment pond that discharges to Outfall 002. Leachate and leachate-contaminated storm water flowing from the facility may enter groundwater through the unlined ditches, the unlined sediment pond, or the bottom of the landfill itself. If the leachate is treated in the sediment pond, it is possible that the sedments in the pond could be enriched in contaminants and act as a source of groundwater contamination. In order to properly assess groundwater contamination at the site, all potential contaminant sources and routes of contaminant migration must be evaluated. b) General Comment 2: In order to determine the potential effects of the leachate releases, its composition must be ascertained. Because leachate composition can vary both spatially and temporally in CCR landfills, all leachate outbreaks must be sampled for the parameters specified in Section 4.2. Historic data from BREC’s records should also be supplied. c) General Comment 3: Your correspondence indicates that leachate is treated in the sediment pond with Klairaid to reduce or remove arsenic. The assessment plan should include a proposal to evaluate the potential effects to groundwater associated with adding aluminum chlorhydroxide to an unlined pond to remove arsenic from the leachate. d) Section 2.4: 1. The proposal of a total of two additional wells in a presumed upgradient direction without any additional downgradient monitoring points is not sufficient to “determine the existence, quality, quantity, areal extent, and depth of groundwater degradation, and the rate and direction of migration of contaminants in the groundwater” as required by 401 KAR 45:160 Section 5(3). 2. It is difficult for DWM to ascertain the appropriateness of the proposed upgradient wells without more information. Proposed wells must be justified geologically. KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D Mr. Tom Shaw March 8, 2017 Page 3 of 3 A.I. 3319 AIN20140001 and ENV20160002 2) Notice of Violation: a) In correspondence dated February 9, 2017, you assert that leachate releases from BREC’s Wilson Station Landfill are a “wastewater discharge” and therefore “within the purview of the Division of Water”. However, as noted above, the leachate releases that resulted in DWM’s NOV of January 3, 2017 have a significant potential to impact groundwater. Contaminant releases to groundwater at Special Waste landfills are governed by DWM pursuant to 401 KAR 45:160 and 401 KAR 30:031. Note that the groundwater assessment and corrective action provisions of 401 KAR Chapter 45 [specifically 401 KAR 45:160 Section 5(8)] state that “[t]he cabinet may require abatement measures prior to approval of the groundwater assessment plan.” In order to prevent further degradation of groundwater at this facility, it is essential that leachate releases from this facility be abated at their source. Pursuant to 401 KAR 45:160 Section 5(8) and the January 3, 2017 NOV, BREC must propose measures to mitigate the leachate releases from this facility. In order for your applications to be deemed complete, you must eliminate the deficiencies noted above as well as unresolved deficiencies from previous NODs. Corrections must be accompanied by a new certification statement and should reference Agency Interest Number 3319 and Activity I.D. Nos. AIN20140001 and ENV20160002. The revised application should be submitted to the address below by May 1, 2017: Division of Waste Management Solid Waste Branch 300 Sower Blvd., Second Floor Frankfort, Kentucky 40601 Should you have any questions regarding this matter, please contact Todd Hendricks, P.G., at (502) 782-6380. Sincerely, for Danny Anderson, P.E. Manager, Solid Waste Branch DA/LTB/rth KentuckyUnbridledSpirit.com An Equal Opportunity Employer M/F/D