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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