HomeMy WebLinkAboutWQ0010286_Final Permit_20000121State of Nortel Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
January 21, 2000
MR. MARK WEIDMAN, PRESIDENT
MR. JAMES CARMICHAEL, GENERAL MANAGER
WHEELABRATOR WATER TECHNOLOGIES, INC.
1110 BENFIELD BOULEVARD, SUITE B
MILLERSVILLE, MARYLAND 21108
Dear Mr. Weidman and Mr. Carmichael:
Subject: Permit No. WQ0010286
New York Organic Fertilizer
Company (NYOFCO)
Distribution of Class A
Wastewater Residuals in the
State of North Carolina
Bronx County, New York
In accordance with your application received on August 4, 1999 as well as the additional information
received on December 16, 1999 and January 7, 2000, we are forwarding herewith Permit No. WQ0010286, dated
January 21, 2000, to Wheelabrator Water Technologies, Inc. for the continued operation of a wastewater residuals
distribution program in the State of North Carolina. The product is a Class A wastewater residual that is generated
by the New York Organic Fertilizer Company (NYOFCO), a heat drying and pelletizing facility located in Bronx
County, New York that serves New York City's wastewater treatment facilities.
This permit shall be effective from the date of issuance until December 31, 2005, shall void Permit No.
WQ0010286 issued February 21, 1995, and shall be subject to the conditions and limitations as specified therein.
Please take note of the following modifications that have been made to this permit:
♦ General: According to a merger agreement between the Wheelabrator Corporation, Wheelabrator Clean Water,
Inc. and Wheelabrator Clean Water Systems, Inc. effective January 1, 1996, this permit is issued in the name of
Wheelabrator Water Technologies, Inc.
♦ Condition 11. 3.: Because of changes to the federal requirements, chromium has been eliminated from the list
of metals whose concentrations (i.e., both ceiling and monthly average) must be monitored.
♦ Condition III. 3.: Because of changes to the federal requirements, chromium has been eliminated from the list
of residual parameters that must be monitored. In addition, the frequency with which the various analyses must
be made has been amended in this condition. The condition previously required annual testing; however, this
has now been amended to require a testing frequency based on the dry tonnage of product actually distributed
in the State of North Carolina during a given year.
♦ Condition III. 5.: The required compliance monitoring for the appropriate pathogen reduction and vector
attraction reduction requirements has been changed from an annual frequency to a frequency based on the
actual dry tonnage of product distributed in the State of North Carolina during a given year.
♦ Condition 111. 6.: This condition has been amended to reflect the new mailing address to be used when
submitting all monitoring and reporting information.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 Fax (919) 715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
As always, 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.
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 30 days following receipt of this it. 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, 6714 Mail Service Center, Raleigh, North. Unless such demands are
made this permit shall be final and binding.
If you need additional information concerning this matter, ple e contact Ms. Shannon Mohr Thornburg at
(919) 733-5083, extension 353.
Sine ,
r
1
'_�KerrT. Stevens
cc: Ms_ Gwen Kraus, Wheelabrator Water Technologies, Inc.
Asheville Regional Office, Water Quality Section
Fayetteville Regional Office, Water Quality Section
Mooresville Regional Office, Water Quality Section
Raleigh Regional Office, Water Quality Section
Washington Regional Office, Water Quality Section
Wilmington Regional Office, Water Quality Section
Winston-Salem Regional Office, Water Quality Section
Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
2
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
Wheelabrator Water Technologies, Inc.
Bronx County, New York
FOR THE
continued operation of a program for the distribution of Class A wastewater residuals in the State of North
Carolina. Thep rogram. shall consist of the distribution of up to 4,000 U.S. dry tons per year of a Class A heat -
dried, pelletized product generated from the treatment of municipal wastewater residuals at the New York Organic
Fertilizer Company (NYOFCO), a facility located in Bronx County, New York and serving New York City's
wastewater treatment facilities. The program shall be operated such that no discharge of waste to surface waters
occurs, pursuant to the application received on August 8, 1999 as well as the additional information received on
December 15, 1999 and January 7, 2000, 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 December 31, 2005, shall void Permit No.
WQ001026 issued February 21, 1995, and shall be subject to the following specified conditions and limitations:
I. PERFORMANCE STANDARDS
1. The program for the distribution. of Class A residual product 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 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_
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. 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.
II. OPERATION AND MAINTENANCE REQUIREMENTS
No residuals other than the following are hereby approved for distribution in accordance with this
permit:
Permit Volume
Source County Number U.S. Dry Tons/Year
New York Organic Bronx 2-6007-00140/00001-9' 45,000
Fertilizer Company (NYOFCO) (New York)
Operational permit was issued by the New York State Department of Environmental Conservation
on December 9, 1993. The permit expired on December 9, 1998; however, a permit renewal is
currently pending.
2. No other residual product other than that from the facility specified under Condition 1T. 1. above may
be distributed in the State of North Carolina under this permit. The Permittee shall request and obtain a
permit amendment from the Division for each additional facility prior to acceptance of that residual
product into the distribution program.
3. 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 (malkg) _.._, ., (mLylky)
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
2
4. A label shall be affixed to the bag or other container iii which residuals are sold or given away for
application to the land, or an infomation sheet shall be provided to the person who receives the
residuals 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 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. The following statement shall be included to help prevent direct application of the product to
water supply sources and all other waters of the state. "As with any fertilizer product, do not
apply in or near any water supply source or any body of water, including wells, streams, rivers,
and lakes."
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.
111. MONITORING AND REPORTING REQUIREMENTS
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 limited to the following information:
a. Source, volume, and analysis of each residual -
b. Name of the initial recipient of the residuals in the State of North Carolina, the volume distributed,
and the intended point of distribution.
A residual analysis shall be conducted by the Permittee at a frequency according to the volume of
product distributed in the State of North Carolina:
Amount of Residuals Distributed
(U.S. Dry Tons/Year)
>0but <319
>= 319 but < 1.650
>= 1,650 but < 16,500
>= 16,500
Monitoring Frequency
annually
quarterly
every 60 days
monthly
The testing frequency cycle starts on the date of permit issuance, and the results of all analyses shall be
maintained on file by the Permittee for a minimum of five years. The residuals analysis shall include:
the following parameters:
Arsenic
Cadmium
Copper
Lead
Mercury
Molybdenum
Nickel
Selenium
Zinc
Aluminum
Ammonia -Nitrogen
Calcium
Magnesium
Nitrate -Nitrite Nitrogen
pH
Phosphorus
Potassium
Sodium
Total Kjeldahl Nitrogen
Total Solids (percent)
Plant Available Nitrogen (by calculation)
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 milligranls per liter in parentheses):
Arsenic (5.0)
Cadmium (1.0)
Chlorobenzene (100T.0)
o -Cresol (200.0)
Cresol (200,0)
1,2-Dichloroethane (0.5)
Endrin (0.02)
Hexachlorobenzene (0. 13)
Lead (5.0)
Methoxychlor (10.0)
Pentachlorophenol (100.0)
Silver (5.0)
Trichloroethylene (0.5)
2,4,5 -TP (Silvex) (1.0)
Barium. (100.0)
Benzene (0.5)
Carbon tetrachloride (0.5)
Chlordane (0.03)
Chloroform (6.0) ---
Chromium (5.0)
m -Cresol (200.0)
p -Cresol (200.0)
2,4-D (10.0)
1,4 -Dichlorobenzene (7.5)
1, 1 -Dichloroethylene (0.7)
2,4-Dinitrotoluene (0.13)
Heptachlor (and its hydroxide) (0.008)
Hexachloro-1,3-butadiene (0.5)
Hexachloroethane (3.0)
Lindane (0.4)
Mercury (0.2)
Methyl ethyl ketone (200.0)
Nitrobenzene (2.0)
Pyridine (5.0)
Selenium (1.0)
Tetrachloroethylene (0.7)
Toxaphene (0.5)
2,4,5 -Trichlorophenol (400.0)
2,4,6 -Trichlorophenol (2.0)
Vinyl chloride (0.2)
All residuals included in this permit must be monitored by the Permittee for compliance with Condition
I. 5. of this permit at a frequency according to the volume of product distributed in the State of North
Carolina:
Amount of Residuals Distributed
(U.S. Dry Tons/Year)
>0but<319
>= 319 but < 1,650
>= 1,650 but < 16,500
>= 16,500
Monitoring Freauenev
annually
quarterly
every 60 days
monthly
The monitoring frequency cycle starts on the date of permit issuance, and the results of all analyses
shall be maintained on file by the Permittee for a minimum of five years. 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(x) 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
annually 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.
6. Three copies of all required monitoring and reporting requirements as specified in Condition III. I.,
Condition Ill. 2., Condition III. 3., Condition III. 4., and Condition III. 5.shall be submitted annually on
or before March I of the year following the distribution event to the following address:
NC Division of Water Quality
Water Quality Section
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
4
r
Noncompliance Notification:
The Permittee shall report by telephone to the appropriate Division regional office (as specified in
Attachment A), 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 that results in the land applica_tigp 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 letterform within five
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. INSPECTIONS
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.
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.
V. GENERAL CONDITIONS
1. 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 Avith 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 30 days after beim
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 (local, state, and
federal) which have jurisdiction.
7. The Permittee, at least six 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 twenty-first day of January, 2000
NORT
AL MANAGEMENT COMMISSION
�4
_
// 4K_-,
-Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0010286
IN
Attachment A
DIVISION OF WATER QUALITY REGIONAL OFFICES
Asheville Regional Office
Fayetteville Regional Office
Mooresville Re-ional Office
WQ Supervisor
WQ Supervisor
WQ Supervisor
59 Woodfn Place
Wachovia Building, Suite 714
919 North Main Street
Asheville, NC 28801
Fayetteville, NC 28301
Mooresville, NC 28115
Phone: (828) 251-6208
Phone: (910) 486-1541
Phone: (704) 663-1699
Fax: (828) 251-6452
Fax: (910) 485-0707
Fax: (704) 663-6040
Avery Macon
Anson Moore
Alexander Lincoln
Buncombe Madison
Bladen Robeson
Cabarrus Mecklenburg
Burke McDowell
Cumberland Richmond
Catawba Rowan
Caldwell Mitchell
Harnett Sampson
Cleveland Stanly
Cherokee Polk
Hoke Scotland
Gaston Union
Clay Rutherford
Montgomery
Iredell
Graham Swain
Haywood Transylvania
Henderson Yancey
Jackson
Raleigh Regional Office
WQ Supervisor
3800 Barrett Drive, Suite 101
Raleigh, NC 27609
Phone: (919) 571-4700
Fax: (919) 571-4718
Chatham
Durham
Edgecombe
Franklin
Granville
Halifax
Johnston
Lee
Nash
Northampton
Orange
Person
Vance
Wake
Warren
Wilson
Winston-Salem Regional Office
WQ Supendsor
585 Waughtown Street
Winston-Salem, NC 27107
Phone: (336) 771-4600
Fax: (336) 771-4630
Alamance Rockingham
Alleghany Randolph
Ashe
Stakes
Caswell
Surry
Da%ddson
Watauga
Davie
Wilkes
Forsyth
Yadkin
Guilford
Washington Regional Office
WQ Supervisor
943 Washington Square Mall
Washington, NC 27889
Phone: (252) 946-6481
Fax: (252) 946-9215
Beaufort
Bertie
Camden
Chowan
Craven
Currituck
Dare
Gates
Greene
Hertford
Hyde
Jones
Lenoir
Pamlico
Pasquotank
Perquimans
Pitt
Tyrell
Washington
Wa-vme
7
Wilmington Regional Office
WQ Supervisor
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: (910) 395-3900
Fax: (910) 350-2004
Brunswick New Hanover
Carteret Onslow
Columbus Pender
Duplin