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HomeMy WebLinkAboutWQ0002127_Final Permit_20061016o� W A rF9 Michael F. Easley, Governor Q William G. Ross Jr., Secretary �y North Carolina Department of Environment and Natural Resources CO >_ —I Alan W. Klimek, P.£., Director Colleen H, Sullins, Deputy Director Division of Water Quality October 16, 2006 MR, DON DANToRD, DIRECTOR OF WATER RESOURCES CITY OF MORGANTON POST OFFICE BOX 3448 MORGANTON, NC 28680-3448 Subject: Permit No. WQ0002127 City of Morganton City of Morganton Morganite Composting Facility and Distribution Program Distribution of Residual Solids (503) Burke County Dear Mr. Danford: In accordance with your permit modification application package received on August 2, 2006, we are forwarding herewith Permit No. WQ0002127, dated October 16, 2006, to the City of Morganton for the subject residuals composting facility and Class A EQ residuals product distribution program. This permit shall be effective from the date of issuance until May 31, 2009; shall void Permit No. WQ0002127 issued June 18, 2004; and shall be subject to the conditions and limitations as specified therein. Make note of this permit's expiration date and the fact that a permit renewal application is due to the Division of Water Quality (Division) no later than six months prior to that date (i.e., see Condition VI. 7.), as the Division does not send reminders to apply for permit renewal. The City of Morganton requested for a permit modification to reduce the frequency of TCLP monitoring requirement from annually to once per permit cycle (i.e. once for every 5 years). The Division has reviewed the analyses submitted by the City of Morganton Morganite Composting Facility during the past three years and found no significant concentration of any monitored TCLP parameters. This modified permit has been issued to reflect the change of mentioned monitoring requirement in Condition 111.3. As always, remember to take the time to review this permit thoroughly, as some of the conditions contained therein may have been added, changed, or deleted since the last issuance. Pay particular attention to the monitoring requirements in this permit. Please be aware that failure to establish an adequate system for collecting, maintaining, and submitting the required operational information will result in future compliance problems. Of special interest to you may be the following: ♦ Condition H. 5., all residuals product shall be adequately stored to prevent leachate runoff prior to and following treatment. Following treatment, the Class A residuals product may be stored in an elevated silo, placed on a concrete pad, kept under shelter, covered, or stored in a manner as otherwise approved by the Division until such time as it is distributed to the user. According to the site visit report on September 5, 2006, the finished product is stored uncovered. This causes runoff into the stormwater drain. The residuals product shall be stored in the mixing area within the retaining walls, which is covered, to prevent leachate runoff. Failure to abide by the conditions contained in this permit will subject the Permittee to an enforcement action by the Division. o` NrthCazalin: N�rtirra!!� Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service Internet: h2o.ennstate.nc.us 2728 Capital Boulevard Raleigh, NC 27604 FAX (919) 715-6048 1-877-623-6748 An Equal OpportunitylAffirmali:ve Action Employer— 50% Recycled/10% Post Consumer Paper ♦ Condition III. 3., the frequency of a corrosivity, ignitability, and reactivity analysis as well as a TCLP (Toxicity Characteristics Leaching Procedure) analysis has been changed from annually to once per permit cycle. ♦ Please note that other monitoring and reporting requirements remain the same as specify in Condition III. Specifically, the frequency with which monitoring must now be performed is based entirely on the amount of product that is distributed for application to the land. See Condition III. 4. and Condition III. 5. for more detail. If any parts, requirements, and/or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the from of a written petition, conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demands are made, this permit shall be final and binding. If you need any additional information concerning this matter, please contact Ms. Chonticha McDaniel by telephone at (919) 715-6188, or via e-mail at chonticha.mcdaniel@ncmail.net. Sincerely, L � / for Alan W. Klimek, P.E. cc: Burke County Health Department Asheville Regional Office -Aquifer Protection Section Technical Assistance and Certification Unit Aquifer Protection Section Central Files Land Application Unit Files 0) NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF RESIDUAL SOLIDS (503) PERMIT 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 Morganton Burke County FOR THE continued operation of a composting facility for the composting of residuals generated from the treatment of municipal wastewater and potable drinking water treatment at the facilities listed in Condition 11. 3. and the continued operation of a program for the distribution of a Class A EQ residuals product marketed as Morganite. Both the facility and the program shall be operated such that no discharge of waste to surface waters occurs, pursuant to the permit modification application package received on August 2, 2006, and in conformity with the project plan, specifications, and other supporting data subsequently filed 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 May 31, 2009; shall void Permit No. WQ0002127 issued June 18, 2004; and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS The residuals composting facility and Class A EQ residuals product distribution program shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastes to waters of the state resulting from the operation of this facility or program. This permit shall become voidable in the event of failure of the residuals composting facility or Class A EQ residuals product distribution program to adequately protect the assigned water quality standards of the surface waters and groundwater. 3. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface water or groundwater resulting from the operation of this residuals composting facility or Class A EQ residuals product distribution program. 4. In the event that the residuals composting facility or Class A EQ residuals product distribution 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). Diversion or bypassing of untreated residuals or leachate from the residual composting facility shall be prohibited. All leachate shall be reused as a wetting agent for the processing of residuals or disposed of through a Division -approved method. 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 shall be met, Additionally, an evaluation shall be performed which demonstrates the residuals' ability to comply with this requirement. Upon request, a copy of this evaluation, including all test results and calculations, shall be submitted, No Class A EQ residuals product that tests or is classified as a hazardous or toxic waste under 40 CFR Part 261 shall be sold or given away under the conditions of this permit. II. OPERATION AND MAINTENANCE REQUIREMENTS The residuals composting facility and Class A EQ residuals product distribution program shall be properly operated and maintained at all times. 2. Upon classification of the residuals composting facility and Class A EQ residuals product distribution program by the Water Pollution Control System Operators Certification Commission (WPCSOCC), the Permittee shall employ a certified operator to be in responsible charge (ORC) of the facility and program.. The operator shall hold a certificate of the type classification assigned to the facility and program by the WPCSOCC. The Permittee shall also employ a certified back-up operator of the appropriate type to comply with the conditions of 15A NCAC 8G .0202. 3. a. No residuals other than those generated by the following residuals source -generating facilities shall be approved for acceptance for treatment in the residuals composting facility in accordance with this permit: 2 Residuals Permit Maximum Permittee Source -Generating County Number Dry Tons Facility per Year City of Morganton Catawba River Pollution Burke NCO026573 1,200.00 Control Facility City of Morganton Morganton WTP Burke NCO060194 800 TOTAL d 2,000.00 2 b. No Class A EQ residuals product other than that generated by the following residuals source -generating facilities shall be approved for distribution under the Class A EQ residuals product distribution program in accordance with this permit: Permittee / Residuals Ceiling Concentration (milligrams per kilogram) Monthly Average Concentration (milligrams per kilogram) Permit Maximum Source -Generating Product County Number Dry Tons Facility 1,500 Lead 840 per Year City of Morganton 57 17 Molybdenum 75 Residuals Composting Morganite Burke WQ0002127 3,250.00 Facility 100 Zinc 7,500 2,800 TOTAL 3,250.00 4. No other residuals or Class A EQ residuals product other than that from the residuals source - generating facilities specified in Condition If. 3. may be composted and distributed under this permit. The Permittee shall request and obtain a permit amendment from the Division for each additional residual source -generating facility prior to acceptance of those residuals for treatment in the approved residuals composting facility and distribution through the approved Class A EQ residuals product distribution program. All residuals and Class A EQ residuals product shall be adequately stored to prevent leachate runoff prior to and following treatment. Following treatment, the Class A EQ residuals product may be stored in an elevated silo, placed on a concrete pad, kept under shelter, covered, or stored in a manner as otherwise approved by the Division until such time as it is distributed to the user. If an alternative storage site is to be used, approval shall first be obtained from the Division. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying pollutants from residuals or the Class A EQ residuals product from the residuals composting facility onto adjacent property or into any surface waters. 7. For a Class A EQ residuals product to be sold or given away in bags or other container for application to the land, the following shall be satisfied: The Ceiling Concentrations (Dry Weight Basis) and the Pollutant Monthly Average Concentrations (Dry Weight Basis) shall be maintained: Parameter Ceiling Concentration (milligrams per kilogram) Monthly Average Concentration (milligrams per kilogram) Arsenic 75 41 Cadmium 85 39 Copper 4,300 1,500 Lead 840 300 Mercury 57 17 Molybdenum 75 n/a Nickel 420 420 Selenium 100 100 Zinc 7,500 2,800 A label shall be affixed to the bag or other container in which a Class A EQ residuals product is sold or given away for application to the land, or an information sheet shall be provided to the person who receives the Class A EQ residuals product sold or given away in another 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 Class A EQ residuals product that is sold or given away in a bag or other container for application to the land. b. A statement that application of the Class A EQ residuals product to the land is prohibited except in accordance with the instructions on the label or information sheet. c. A statement regarding all buffers from the area to which the Class A EQ residuals product is applied, including a minimum 10 -foot buffer from any public or private water supply sources (i.e., including wells), streams, lakes, rivers, or drainageways. d. A statement that the Class A EQ residuals product shall not be applied to any site that is flooded, frozen, or snow-covered. e. A statement that adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored Class A EQ residuals product into any surface waters. M. MONITORING AND REPORTING REQUIREMENTS 1. Any monitoring (i.e., including groundwater, surface water, residuals, soil, or plant tissue analyses) deemed necessary by the Division to ensure protection of the environment shall be established and an acceptable sampling and reporting schedule shall be followed. 2. Proper records shall be maintained by the Permittee to track all residuals composting and Class A EQ residuals product distribution activities. These records shall include, but are not necessarily limited to, the following information: a. Source, amount, and analysis (as applicable) of residuals accepted for treatment in the residuals composting facility. b. Source and amount of each amendment material used for treatment in the residuals composting facility. c. Analysis of the Class A EQ residuals product. d. Name of the initial recipient of the Class A EQ residuals product, the amount distributed, and the intended use. The Class A EQ residuals product shall be analyzed to demonstrate that they are non- hazardous under the Resource Conservation and Recovery Act (RCRA). A corrosivity, ignitability, and reactivity analysis as well as a Toxicity Characteristics Leaching Procedure (TCLP) analysis shall be conducted by the Permittee once per permit cycle, and the results of the analyses shall be maintained on file by the permittee for a minimum of five years. 4 The TCLP analysis shall include the following parameters (i.e., note the regulatory level in milligrams per liter in parentheses): Arsenic (5.0) Barium (100.0) Benzene (0.5) Cadmium (1.0) Carbon tetrachloride (0.5) Chlordane (0.03) Chlorobenzene (100.0) Chloroform (6A) Chromium (5.0) m -Cresol (200.0) o -Cresol (200.0) p -Cresol (200.0) Cresol (200.0) 2,4-D (10.0) 1,4 -Dichlorobenzene (7.5) Nitrobenzene (2.0) 1,2-Dichioroethane (0.5) Pentachlorophenol (100.0) 1, 1 -Dichloroethylene (0.7) Pyridine (5.0) 2,4-Dinitrotoluene (0.13) Selenium (1.0) Endrin (0.02) Silver (5.0) Hexachlorobenzene (0.13) Tetrachloroethylene (0.7) Heptachlor (and its hydroxide) (0.00$) Toxaphene (0.5) Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5) Hexachloroethane (3.0) 2,4,5 -Trichlorophenol (400.0) Lead (5.0) 2,4,6 -Trichlorophenol (2.0) Lindane (0.4) 2,4,5 -TP (Silvex) (1.0) Mercury (0.2) Vinyl chloride (0.2) Methoxychlor (10.0) 1,650 = DT/yr < 16,500 Methyl ethyl ketone (200.0) 15,000 = mDT/yr 4. An analysis shall be conducted by the Permittee on the Class A EQ residuals product at a frequency that is dependent on the dry tons of Class A EQ residuals product distributed or expected to be distributed during the calendar year for application to the land. The monitoring frequency schedule shall be as stipulated in the following table: Amount of Product Amount of Product Phosphorus Distributed for Distributed for Potassium Application to the Land Application to the Land Monitoring Frequency (metric tons per (short tons per Sodium 365 -day period) 365 -day period) Total Kjeldahl Nitrogen 0 < mDT/yr < 290 0 < DT/yr < 319 Once per Year 290 = mDT/yr < 1,500 319 = DT/yr < 1,650 Once per Quarter (Four Times per Year) 1,500 = mDT/yr < 15,000 1,650 = DT/yr < 16,500 Once per 60 Days (Six Times per Year) 15,000 = mDT/yr 16,500 = DT/yr Once per Month (12 Times per Year) The results of all analyses shall be maintained on file by the Permittee for a minimum of five years. The analysis shall include the following minimum parameters: Aluminum Magnesium Phosphorus Ammonia -Nitrogen Mercury Potassium Arsenic Molybdenum Selenium Cadmium Nickel Sodium Calcium Nitrate -Nitrite Nitrogen Total Kjeldahl Nitrogen Copper pH Total Solids (Percent) Lead Plant Available Nitrogen (By Calculation) Zinc 5. The Class A EQ residuals product shall be monitored by the Permittee for compliance with Condition I. 6. of this permit at a frequency that is dependent on the dry toms of Class A EQ residuals product distributed or expected to be distributed during the calendar year for application to the land. The monitoring frequency schedule shall be as stipulated in the following table: Amount of Product Amount of Product Distributed for Distributed for Application to the Land Application to the Land Monitoring Frequency (metric tans per (short tons per 365 -day period) 365 -day period) 0 < mDT/yr < 290 0 < DT/yr < 319 Once per Year 290 = mDT/yr < 1,500 319 = DT/yr < 1,650 Once per Quarter (Four Times per Year) 1,500 = mDT/yr < 15,000 1,650 = DT/yr < 16,500 Once per 60 Days (Six Times per Year) 15,000 = mDT/yr 16,500 = DT/yr Once per Month (12 Times per Year) The results of all analyses and records of all operational data shall be maintained on file by the Permittee for a minimum of five years. Data to verify stabilization of the product shall be maintained by the Permittee. The required data shall be specific to the stabilization process utilized, but should be sufficient to 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 clearly. in addition, the Environmental Protection Agency (EPA) certification statements concerning compliance with pathogen requirements, vector attraction reduction requirements, and management practices shall be completed at the above frequency 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 Class A EQ residuals product to be sold or given away for application to the land. 6. Laboratory analyses and/or operational data, as required by Condition III. 4., and Condition III. 5. shall be pexformed/gathered on the Class A EQ residuals product as it is to be distributed. Furthermore, analytical determinations made pursuant to the monitoring and reporting requirements of this permit shall be made by a laboratory certified by the Division for the required parameter(s) under 15A NCAC 2H.0800 or 15A NCAC 2H.1 100. 7. Three copies of all required monitoring and reporting requirements as specified in Condition III. 1., Condition III. 3., Condition III. 4., Condition III. 5., and Condition III. 6. shall be submitted annually on or before March 1" of the year following the distribution event to the following address: NCDENR-DWQ Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 R Noncompliance Notification: The Permittee shall report by telephone to the Water Quality Section of Division's Asheville Regional Office at telephone number 828-296-4500, 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 residuals composting facility or Class A EQ residuals product distribution program that results in the land application of significant amounts of wastes which are abnormal in quantity or characteristic. b. Any failure of the residuals composting facility or Class A EQ residuals product distribution program resulting in a release of material to receiving waters. c. Any time that self-monitoring information indicates that the residuals composting facility or Class A EQ residuals product distribution program 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 residuals composting facility incapable of adequate residual treatment. e. Any spillage or discharge from a vehicle or piping system during transportation of residuals or Class A EQ residuals product. Persons reporting such occurrences by telephone shall also file a written report in letterform within five days following first knowledge of the occurrence. This report shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. GROUNDWATER REQUIREMENTS Auoiicable Boundaries: a. The COMPLIANCE BOUNDARY for the residuals composting facility shall be as specified by regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary for a disposal system individually permitted after December 31, 1983 shall be established at either (1) 250 feet from the waste disposal area or (2) 50 feet within the property boundary, whichever is closest to the residuals composting facility. An exceedance of groundwater quality standards at or beyond the Compliance Boundary shall be subject to immediate remediation action according to 15A NCAC 2L .0106(d)(2). b. The REVIEW BOUNDARY shall be established around the residuals composting facility midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of groundwater quality standards at the Review Boundary shall require action in accordance with 15A NCAC 2L .0106(d)(1). 2. Other Reguirements: a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. 7 V. INSPECTIONS The Permittee or his designee shall inspect the residuals composting facility as well as the facilities related to the Class A EQ residuals product distribution program 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. 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 residuals composting facility or Class A EQ residuals product distribution program 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 residuals composting facility and Class A EQ residuals product distribution program are operated in accordance with the conditions of this permit, the supporting materials, and in the manner approved by the Division. 2. This permit shall be effective only with respect to the nature and volume of residuals described in the application and other supporting data. 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 Statutes § 143-215.6A through § 143-215.6C. 4. The annual administering and compliance fee shall be paid by the Permittee within 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 2H .0205 (c)(4). 5. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies (i.e., local, state, and federal) which have jurisdiction, including, but not limited to, applicable river buffer rules in 15A NCAC 2B .0200, soil erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000, and any requirements pertaining to wetlands under 15A NCAC 2B .0200 and 15A NCAC .0500. 6. This permit may be modified, revoked, and/or reissued to incorporate any conditions, limitations and monitoring requirements the Division deems necessary in order to protect the environment and public health adequately. 7. The Permittee, at least six months prior to the expiration of this permit, shall request its extension. Upon receipt of the request, the Division shall review the adequacy of the residuals composting facility and Class A EQ residuals product distribution program described therein, and if warranted, shall extend the permit for such period of time and under such conditions and limitations as it may deem appropriate. 8. This permit shall not be automatically transferable. In the event that there is a desire for the residuals composting facility and Class A EQ residuals product distribution program to change ownership or to change the name of the Permittee, a formal permit request shall be submitted to the Division documentation from the parties involved and other supporting materials as may be appropriate. The approval of this request shall be considered on its merits and may or may not be approved. Permit issued this the 16'h day of October, 2006. NORTH CAROfINA E NMENTAL MANAGEMENT COMMISSION for Alan W. Klimek, F.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0002127