HomeMy WebLinkAboutWQ0007765_Rescission_20031024N A r� Michael F_ Easley, Governor
0�0 RQG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
_ Alan W. Klimek, P.E. Director
Division of Water Quality
October 24, 2003
A. Rolan, Director of Water Resources
City of Durham
101 City Hall PIaza
Durham, NC 27701
Subject: Rescission of Distribution of Residual Solids (503) Permit
Permit No. WQ0007765
City of Durham
Durham City-A-Sludge/Drs
Durham County
To Whom It May Concern:
Reference is made to your request for rescission of the subject Distribution of Residual Solids (503) Permit.
Staff from the Raleigh Regional Office has confarzxi:ed that this Permit is no longer required. Therefore, in
accordance with your request, Distribution of Residual Solids (503) Permit No. WQ0007765 is rescinded,
effective immediately.
If in the future, you wish again to operate a non -discharge system, you must first apply for and receive a new
Distribution of Residual Solids (503) Permit. Operating a non -discharge system without a valid Distribution of
Residual Solids (503) Permit will subject the responsible party to a civil penalty of up to $10,000 per day.
If it would be helpful to discuss this matter further, please do not hesitate to contact theRaleigh Regional
Office.
Sincerely,
Alan W. Klimek, P.E.
AWK: edh
cc: Durham County Health Department
Raleigh - Water Quality Regional Supervisor
Raleigh Regional Office — Groundwater Section ®���
Central Office — Groundwater Section��
Non Discharge Permitting Unit
Technical Assistance and Certification Unit
Non Discharge Compliance/Enforcement Unit��%�`
Central Filesy�
Fran McPherson, DWQ Budget Office
NCDE R
N. C, Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 (919) 733-7015 Customer Service
1 800 623-7748
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. A.T. Rolan, Director of Env. Services
City of Durham
101 City Hall Plaza
Durham, NC 27701
Dear Mr. Rolan:
D E N R
March 31, 1998
Subject: Permit No. WQ0007765
City of Durham
Distribution of Class A Wastewater
Residuals
Durham County
In accordance with your application received on December 31, 1997, we are forwarding herewith
Permit No. WQ0007765, dated March 31, 1998, to the City of Durham for the continued operation of a
wastewater residuals facility for the distribution of Class A residuals.
This permit shall be effective from the date of issuance until March 31, 2003, shall void Permit
No. WQ0007765 issued February 6, 1996, and shall be subject to the conditions and limitations as
specified therein. Please pay particular attention to the monitoring and reporting requirements contained
in this permit. Failure to establish an adequate system for collecting and maintaining the required
operational information will result in future compliance problems. Upon restart of this composting
program and prior to initial distribution of the material, data must be submitted to the Division of Water
Quality showing the 40 CFR Part 503 requirements as listed in 1.7 are being met.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the
right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of
this permit. This request must be in the form of a written petition, conforming to Chapter 150B of North
Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447,
Raleigh, NC 27611-7447. Unless such demands are made this permit shall be final and binding.
If you need additional information concerning this matter, please contact Mr. Randy Kepler at
(919) 733-5083 extension 544.
Sincerel
Preston Howard, Jr., P.E.
CC' Durham County Health Department
Raleigh Regional Office, Water Quality Section
Raleigh Regional Office, Groundwater Section
Bob Cheek, Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper
NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
PERMIT FOR THE DISTRIBUTION OF CLASS A RESIDUALS
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
City of Durham
Durham County
FOR THE
continued operation of a wastewater residuals facility for the distribution of Class A residuals consisting
of the distribution of 4,000 dry tons per year of residuals from the sources listed in Condition II 2, with
no discharge of wastes to the surface waters, pursuant to the application received on December 31, 1997
and in conformity with the project plan, specifications, and other supporting data subsequently fled 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 issuance until March 31, 2003, shall void Permit
No. WQ0007765 issued February 6, 1996, and shall be subject to the following specified conditions and
limitations:
L PERFORMANCE STANDARDS
The distribution of Class A residuals program shall be effectively maintained and
operated as a non -discharge system to prevent the discharge of any wastes resulting from
the operation of this program.
2. This permit shall become voidable in the event of failure of the residuals program to
adequately protect the assigned water quality standards of the surface waters and
groundwaters.
3. The issuance of this permit shall not relieve the Permittee of the responsibility for
damages to surface or groundwaters resulting from the operation of this program..
4. In the event that the residuals program is not operated satisfactorily, including the
creation of nuisance conditions, the Permittee shall take any immediate corrective actions
as may be required by the Division of Water Quality (Division).
5. Diversion or bypassing of the untreated residuals or leachate from the residual treatment
facilities is prohibited.
6. AlI leachate must be reused as a wetting agent for the processing of residuals or routed to
the head of the treatment plant.
II.
7. When wastewater residuals are, sold or given away, one of the Class A pathogen
requirements in 40 CFR Part 503.32(a) and one of vector attraction reduction
requirements in 40 CFR Part 503.33 must be met. Additionally, an evaluation must be
performed which demonstrates the residuals ability to comply with this requirement.
Upon request, a copy of this evaluation must be submitted including all test results and
calculations.
8. Upon restart of this composting program and. prior to initial distribution of the material,
data must be submitted to the Division of Water Quality showing the requirements as
listed in I.7 above are being met.
OPERATION AND MAINTENANCE REQUIREMENTS
1. The residuals treatment facilities shall be properly maintained and operated at all times.
2. No residuals other than the following are hereby approved for distribution in accordance
with this permit:
Permit Volume
Source County Number (Dry Tons/Year
North Durham WR Facility Durham NCO023841 2,000
South Durham WR Facility Durham NCO047597 2,000
3. All residuals shall be adequately stored to prevent leachate runoff until treated. The
finished product may be placed on a concrete pad, placed under shelter or covered until
such time as it is distributed to the buyer. If an alternate storage site is to be used,
approval must be obtained from the Division.
4. No other residuals other than those specified under Condition II 2 above may be
distributed. The Permittee shall request and obtain a permit amendment from the
Division for each additional residual source prior to acceptance of that residual.
5. For a Class A residual to be sold or given away in bags or other container for application
to the land, the following must be satisfied:
The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average
Concentrations (Dry Weight Basis) must be maintained:
Ceiling Monthly Average
Concentrations Concentrations
Parameters mg/kg
m /k
Arsenic 75 41
Cadmium 85 39
Copper 4,300 1,500
Lead 840 300
Mercury 57 17
Molybdenum 75 ----
Nickel 420 420
Selenium 100 100
Zinc 7,500 2,800
6. Upon classification of the facility by the Water Pollution Control System Operators
Certification Commission (WPCSOCC), the Permittee shall employ a certified residuals
operator to be in responsible charge (ORC) of the residuals program. The operator must
hold a certificate of the type classification assigned to the residuals program by the
WPCSOCC. The Permittee must also employ a certified back-up operator of the
appropriate type to comply with the conditions of 15A NCAC 8A .0202.
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7. Adequate provisions shall be taken to prevent wind erosion and surface runoff from
conveying pollutants from the residuals treatment area onto the adjacent property or into
any surface waters.
A label shall be affixed to the bag or other container in which residuals that are sold or
given away for application to the land, or an information sheet shall be provided to the
person who receives the residuals sold or given away in an other container for application
to the land. The label or information sheet shall contain the following information:
a. The name and address of the person who prepared the residuals that is sold or given
away in a bag or other container for application to the land.
b. A statement that application of the residuals to the land is prohibited except in
accordance with the instructions on the label or information sheet.
c. A statement which identifies that this material shall be prevented from entering any
public or private water supply source (including wells) and any stream, lake, or river.
d. Residuals shall not be applied to any site that is flooded, frozen or snow-covered.
e Adequate procedures shall be provided to prevent surface runoff from carrying any
disposed or stored residuals into any surface waters.
III. MONITORING AND REPORTING REQUIREMENTS
1. Any monitoring (including groundwater, surface water, residuals, soil, or plant tissue
analyses) deemed necessary by the Division to insure protection of the environment will
be established and an acceptable sampling and reporting schedule shall be followed.
2. Proper records shall be maintained by the Permittee tracking all residual activities. These
records shall include, but are not necessarily Iimited to the following information:
a. source, volume and analysis of each residuals
b. name of residuals' recipient, volume received, and intended use
3. A residual analysis shall be conducted every 60 days from the date of permit issuance by
the Permittee. The results of all analysis shall be maintained on file by the Permittee for
a minimum of five years. The residuals analysis shall include the following parameters:
Aluminum Plant Available Nitrogen -by calculation
PH % Total Solids
Phosphorus Calcium
Ammonia -Nitrogen Magnesium
Nitrate -Nitrite Nitrogen Potassium
TKN Sodium
Arsenic Cadmium Copper
Lead Mercury Molybdenum
Nickel Selenium Zinc
After the residuals have been monitored for two years at the above frequency, the
Permittee may submit a request to the Division for a permit modification for the
reduction of the frequency of monitoring for pollutant concentrations and for the
pathogen density requirements, but in no case shall the frequency of monitoring be less
than once per year when residuals are sold or given away.
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4. A Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by
the Permittee annually. The TCLP analysis shall include the following parameters
(please note the regulatory level in mg/L in parentheses):
Arsenic (5.0)
Benzene (0.5)
Carbon tetrachloride (0.5)
Chlorobenzene (100.0)
Chromium (5.0)
m-Cresol (200.0)
Cresol (200.0)
1,4-Dichlorobenzene (7.5)
1,1-Dichloroethylene (0.7)
Endrin (0.02)
Hexachlorobenzene (0.13)
Hexachloroethane (3.0)
Lindane (0.4)
Methoxychlor (10.0)
Nitrobenzene (2.0)
Pyridine (5.0)
Silver (5.0)
Toxaphene (0.5)
2,4,5-Trichlorophenol (400.0)
2,4,5-TP (Silvex) (1.0)
Barium (100.0)
Cadmium (1.0)
Chlordane (0.03)
Chloroform (6.0)
o-Cresol (200.0)
p-Cresol (200.0)
2,4-D (10.0)
1,2 -Diehl oroethane (0.5)
2,4-Dinitrotoluene (0.13)
Heptachlor (and its hydroxide) (0.008)
Hexachloro-1,3-butadiene (0.5)
Lead (5.0)
Mercury (0.2)
Methyl ethyl ketone (200.0)
Pentachlorophenol (100.0)
Selenium (1.0)
Tetrachloroethylene (0.7)
Trichloroethylene (0.5)
2,4,6-Trichlorophenol (2.0)
Vinyl chloride (0.2)
5. All residuals included in this permit must be monitored every 60 days, from the date of
permit issuance, for compliance with condition 1 9 of this permit. Data to verify
stabilization of the residuals must be maintained by the Permittee. The required data is
specific to the stabilization process utilized, but should be sufficient to clearly
demonstrate compliance with the Class A pathogen requirements in 40 CFR Part
503.32(a) and the vector attraction reduction requirements in 40 CFR Part 503.33. In
addition, the EPA certification statements concerning compliance with pathogen
requirements, vector attraction reduction requirements and management practices must be
completed every 60 days by the proper authority or authorities if more than one is
involved, either the person who generates the residuals or the person who prepares the
residuals to be sold or given away.
After the residuals have been monitored for two years at the above frequency, the
Permittee may request a permit modification for the reduction of the frequency of
monitoring for pollutant concentrations and for the pathogen density requirements, but in
no case shall the frequency of monitoring be less than once per year when residuals are
sold or given away.
6. Three copies of all required monitoring and reporting requirements as specified in
conditions Ill 1,1112,11I 3,11I 4, and I1I 5 shall be submitted annually on or before March
1 of the following year to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
Post Office Box 29535
Raleigh, North Carolina 27626-0535
M
7. Noncompliance Notification:
The Permittee shall report by telephone to the Raleigh Regional Office, telephone number
919-571-4700, 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 with the distribution program which results in the land application of
significant amounts of wastes which are abnormal in quantity or characteristic.
b. Any failure of the distribution program resulting in a release of material to receiving
waters.
c. Any time that self -monitoring information indicates that the facility has gone out of
compliance with the conditions and limitations of this permit or the parameters on
which the system was designed.
d. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate residual treatment.
e. Any spillage or discharge from a vehicle or piping system during transportation of
residuals.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within five (5) days following first knowledge of the occurrence. This report must
outline the actions taken or proposed to be taken to ensure that the problem does not
recur.
IV. GROUNDWATER REQUIREMENTS
1. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in
15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary
is for the disposal system constructed after December 31, 1983 is established at either (1)
250 feet from the waste disposal area, or (2) 50 feet within the property boundary,
whichever is closest to the waste disposal area. An exceedance of Groundwater Quality
Standards at or beyond the Compliance Boundary is subject to immediate remediation
action in addition to the penalty provisions applicable under General Statute 143-
215.6A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the
disposal systems midway between the Compliance Boundary and the perimeter of the
waste disposal area. Any exceedance of standards at the Review Boundary shall require
remediation action on the part of the permittee.
2. Any groundwater quality monitoring, as deemed necessary .by the Division, shall be
provided.
V. INSPECTIONS
1. The Permittee or his designee shall inspect the residuals storage, transport, and treatment
facilities to prevent malfunctions and deterioration, operator errors and discharges which
may cause or lead to the release of wastes to the environment, a threat to human health, or
a nuisance. The Permittee shall maintain an inspection log or summary including at least
the date and time of inspection, observations made, and any maintenance, repairs, or
corrective actions taken by the Permittee. This log of inspections shall be maintained by
the Permittee for a period of five years from the date of the inspection and shall be made
available to the Division or other permitting authority, upon request.
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2. Any duly authorized officer, employee, or representative of the Division may, upon
presentation of credentials, enter and inspect any property, premises or place on or related
to the treatment site or facility at any reasonable time for the purpose of determining
compliance with this permit; may inspect or copy any records that must be kept under the
terms and conditions of this permit; and may obtain samples of groundwater, surface
water, or leachate.
VI. GENERAL CONDITIONS
This permit shall become voidable unless the distribution activities are carried out in
accordance with the conditions of this permit, the supporting materials, and in the manner
approved by this Division.
2. This permit is effective only with respect to the nature and volume of residuals described
in the application and other supporting data.
3. This permit is not automatically transferable. In the event that there is a desire for the
facilities to change ownership or a name change of the Permittee, a formal permit request
must be submitted to the Division accompanied by an application fee, documentation
from the parties involved, and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and may or may not be approved.
4. Failure to abide by the conditions and limitations contained in this permit may subject the
Permittee to an enforcement action by the Division in accordance with North Carolina
General Statute 143-215.6A to 143-215.6C.
5. The annual administering and compliance fee must be paid by the Permittee within thirty
(30) days after being billed by the Division. Failure to pay the fee accordingly may cause
the Division to initiate action to revoke this permit as specified by 15 NCAC 211 .0205
(c)(4)-
6. The issuance of this permit does not preclude the Permittee from complying with any and
all statutes, rules, regulations, or ordinances which may be imposed by other government
agencies (Iocal, state, and federal) which have jurisdiction.
7. The Permittee, at least six (6) months prior to the expiration of this permit, shall request
its extension. Upon receipt of the request, the Commission will review the adequacy of
the facilities described therein, and if warranted, will extend the permit for such period of
time and under such conditions and limitations as it may deem appropriate.
8. This permit may be modified, or revoked and reissued to incorporate any conditions,
limitations and monitoring requirements the Division deems necessary in order to
adequately protect the environment and public health.
Permit issued this the Thirty First day of March, 1998
NORTH C OLFNA V RTMENTAL MANAGEMENT COMMISSION
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0007765
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