HomeMy WebLinkAboutWQ0006497_Final Permit_20060626o f W A T�9 Michael F. Easley, Govemor
`O r �4G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
� 3[
d Alan W. Klimek, P.E., Director
Division of Water Quality
June 26, 2006
MS, TRILLE MENDENHALL,
CHARLOTTE-MECKLENBURG UTILITIES
5100 BROOKSHIRE BLVD.
CHARLOTTE, NORTH CAROLINA 28216
Subject: Permit No. WQ0006497
City of Charlotte
Charlotte -Mecklenburg Utilities
Residuals Processing
Facility and Distribution Program
Distribution of Residual Solids (503)
Mecklenburg County
Dear Ms. Mendenhall:
In accordance with your permit renewal and modification application package received on
November 9, 2004, we are forwarding herewith a renewed Permit No. WQ00006497, dated June 15,
2006, to Charlotte -Mecklenburg Utilities for the subject residuals processing facility and Class A EQ
residuals product distribution program.
This permit shall be effective from the date of issuance until May 31, 2011; shall void Permit No,
WQ00006497, issued on August 25, 1999, 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.
This permit has been issued to approve the operation of the Charlotte -Mecklenburg Utilities
residuals processing facility and the Class A EQ residuals product for another five-year cycle. 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:
♦ All monitoring required by this permit, with the exception of process/operational data that
must be maintained to prove compliance with the pathogen reduction and vector attraction
reduction requirements, must be completed on the Class A EQ residuals product that is
intended for distribution.
♦ The Division has amended the frequency with which the Class A EQ residual product must
be monitored so that it is more commiserate with 40 CFR Part 503, 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. The Division urges Charlotte -
Mecklenburg Utilities to be conservative with its production estimates, so that the correct
monitoring frequency is selected for implementation. See Condition III. 4. and Condition III.
5. for more detail.
Noa` Carolina
�tJlCll�lf
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-322I Customer Service
Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748
Fax (919)7I5-6048
An Equal OpportunitylAffirmative Action Employer — 50% I4ecycied/10% Post Consumer Paper
Ms. Trille Mendenhall
June 26, 2006
Paget
If any parts, requirements, and/or Iimitations 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. Ellen Huffman
by telephone at (704) 663-1699 or via e-mail at ellen.huffman@ncmail.net .
Sincerely, //JJ
for Alan W. Klimek, P.E.
cc: Mr. Todd Shearin, Synagro (6220A Hackers Bend Court, Winston Salem, NC 27103)
Mooresville Regional Office -Aquifer Protection Section
Technical Assistance and Certification Unit
Aquifer Protection Section Central Files
LAU Files
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 Charlotte
Charlotte -Mecklenburg Utilities
Mecklenburg County
FOR THE
continued operation of a facility for the processing of residuals generated from the treatment of municipal
wastewater at the facilities listed in Condition 11. 3. and a program for the distribution of up to 25,245 dry tons
per year of a Class A EQ residuals product.
Both the facility and the program shall be operated such that no discharge of waste to surface waters
occurs, pursuant to the permit renewal and modification application package received on November 9, 2004,
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, 2011; shall void Permit No.
WQ00006497, issued on August 25, 1999; and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
1. The residuals processing 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.
2. , This permit shall become voidable in the event of failure of the residuals processing facility or
Class A EQ residuals product distribution program to adequately protect the assigned water quality
standards of the surface waters and groundwater.
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 processing facility or
Class A EQ residuals product distributions program.
4. In the event that the residuals processing 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 processing 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.
6. 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.
H. OPERATION AND MAINTENANCE REQUIREMENTS
The residuals processing facility and Class A EQ residuals product distribution program shall be
properly operated and maintained at all times.
2. Upon classification of the residuals processing 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 processing facility in
accordance with this permit:
Permittee
Residuals
Source -Generating
County
Permit
Maximum Dry
Facility
Number
Tons per Year
Charlotte-
MeckIenburg
McAlpine Creek WMF
Mecklenburg
NCO084387
18,500
Utilities
Charlotte -
Mecklenburg
Irwin Creek WWTP
Mecklenburg
NCO024945
5,500
Utilities
Charlotte -
Mecklenburg
Mallard creek WWTP
Mecklenburg
NCO030312
1,500
Utilities
2
Charlotte-
Mecklenburg
McDowell Creek
MeckIenburg
NCO036277
1,000
Utilities
WWTP
Charlotte -
Mecklenburg
Franklin. WTP
Mecklenburg
NCO084549
1,500
Utilities
Charlotte -
Mecklenburg
S. Lee Dukes WTP
Mecklenburg
NCO084387
300
Utilities
Total
27,300
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
Source -Generating
Product
County
Permit
Maximum Dry
Facility
Number
Tons per Year
Charlotte -Mecklenburg
Utilities
Residuals Processing
Alkaline
Residuals
Mecklenburg
WQ0006497
25,245
Facility
Charlotte -Mecklenburg
Utilities
Composted
MeckIenburg
WQ0006497
25,245
Residuals Processing
Residuals
Facility
combined TOTAL
end product not to
25,245
exceed
4. No other residuals or Class A EQ residuals product other than that from the residuals source -
generating facilities specified in Condition 11. 3. may be processed 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 processing 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 processing 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 j
Mercury
57
17
Molybdenum
75
n/a
Nickel
420
420
Selenium
100
100
Zinc
7,500
2,800
8. 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.
III. 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 processing and Class A
EQ residuals product distribution activities. These records shall include, but are not necessarily
limited to, the following information:
4
a. Source, amount, and analysis (as applicable) of residuals accepted for treatment in the residuals
processing facility.
b. Source and amount of each amendment material used for treatment in the residuals processing
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 small 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 annually, and the results of the analyses shall be maintained on file
by the Permittee for a minimum of five years.
The TCLP analysis shall include the following parameters (i.e., note the regulatory level in
milligrams per liter in parentheses):
Arsenic (5.0)
1,4-Dichlorobenzene (7.5)
Nitrobenzene (2.0)
Barium (100.0)
1,2-Dichloroethane (0.5)
Pentachlorophenol (100.0)
Benzene (0.5)
1, 1 -Dichloroethylene (0.7)
Pyridine (5.0)
Cadmium (1.0)
2,4-Dinitrotoluene (0.13)
Selenium (1.0)
Carbon tetrachloride (0.5)
Endrin (0.02)
Silver (5,0)
Chlordane (0.03)
Hexachlorobenzene (0.13)
Tetrachloroethylene (0.7)
Chlorobenzene (100.0)
Heptachlor (and its hydroxide) (0.008)
Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5-Trichlorophenol (400.0)
m-Cresol (200.0)
Lead (5.0)
2,4,6-Trichlorophenol (2.0)
o-Cresol (200.0)
Lindane (0.4)
2,4,5-TP (Silvex) (I.0)
p-Cresol (200.0)
Mercury (0.2)
Vinyl chloride (0.2)
Cresol (200.0)
Methoxyehlor (10.0)
2,4-D (10.0)
Methyl ethyl ketone (200.0)
After the Class A EQ residuals product has been monitored for two years at an annual frequency,
the Permittee may submit a request to the Division for a permit modification to reduce the
frequency of this monitoring requirement. In no case, however, shall the frequency of this
monitoring be less than once per permit cycle when the Class A EQ residuals product is sold or
given away during that year.
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
Distributed for
Distributed for
Application, to the Land
Application to the Land
Monitoring Frequency
(metric tons 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 :5 DT/yr < 1,650
Once per Quarter
(Four Times per Year)
12500 < mDT/yr < 15,000
1,650 < DT/yr < 16,500
—
Once per 60 Days
{Six Times per Year}
15,000 < mDT/yr
J
16,500 < DT/yr
T
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
The Class A EQ residuals product shall be monitored by the Permittee for compliance with
Condition 1. 6. of this permit 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
Distributed for
Distributed for
Application to the Land
Application to the Land
Monitoring Frequency
(metric tons 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)
1,500,5 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 Ill. 4., and Condition III. 5.
shall be performed/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 211.0800 or 15A NCAC 2H .1100.
7. Three copies of all required monitoring and reporting requirements as specified in Condition III. 1.,
Condition III. 2., Condition III. 3., Condition III.4., Condition III. 5., and Condition Ill. 6. shall be
submitted annually on or before March 1st of the year following the distribution event to the
following address:
NCDENR
Division of Water Quality
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
8. Noncompliance Notification:
The Permittee shall report by telephone to the Aquifer Protection Section of the Division's
Wilmington Regional Office at telephone number (910) 796-7215, 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 processing 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 processing 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 processing 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
processing 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 letterforrn 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
1. Applicable Boundaries:
a. The COMPLIANCE BOUNDARY for the residuals processing facility shall be as specified by
regulations in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The
7
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 processing 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 processing 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 Requirements:
a. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided.
V. INSPECTIONS
The Permittee or his designee shall inspect the residuals processing 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 Iog 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
processing 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
1. This permit shall become voidable unless the residuals processing 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 213 .0200, soil erosion and sedimentation control requirements in 15A
NCAC Chapter 4 and under the Division's General Permit NCG010000, 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 processing
facility and Class A BQ 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 processing 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 with documentation from the parties involved and other supporting materials as may be
appropriate. The approval of this request small be considered on its merits and may or may not be
approved.
Permit issued this the twenty sixth day of June, 2006
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
for Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ00006497
E