HomeMy WebLinkAboutWQ0010615_Final Permit_20050826MR. SCOTT BUFFICIN, TOWN MANAGER
TOWN OF MAGGIE VALLEY
3987 SOCO ROAD
MAGGIE VALLEY NORTH CAROLINA 28751
Dear Mr. Buffkin:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
August 26, 2005
Alan W. Klimek, P. E., Director
Division of Water Quality
Subject: Permit No. WQ0010615
Town of Maggie Valley
Town of Maggie Valley Class A EQ Residuals
Production Facility and Distribution Program
Distribution of Residual Solids (503)
Haywood County
In accordance with your permit renewal and modification application package received on
SeIptember 12, 2002 as well as the additional information received on July 14, 2004; we are forwarding
herewith a renewed and modified Permit No. WQ0010615, dated August 26, 2005, to the Town of
Maggie Valley for the subject Class A EQ residuals production facility and distribution program.
This permit shall be effective from the date of issuance until July 31, 2010; shall void Permit No.
WQ0010615, issued on March 31, 1995; 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 Town of Maggie Valley's Class A EQ
residuals production facility and distribution program 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
requirement's 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:
The volume of residuals approved in this permit has increased from 10 dry tons per year to
300 dry tons per year.
® Installation of a new belt press has been approved for this facility.
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.
N�oj hCarolina
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Phone (919) 733-3221 Customer Service AwUl!ily
Internet: http://h2o.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax (919) 715-0588 1-877-623-6748
Fax (919) 715-6048
An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
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
Town of Maggie Valley
Haywood County
FOR THE
continued operation of a facility consisting of aerobic digesters, a new belt filter press, and alkaline
stabilization process equipment for the production of a Class A EQ residuals generated from the treatment
of municipal wastewater at the facilities listed in Condition 11. 3, and the continued operation of a
program for the disti7bution of up to 300 dry tons per year of a Class A EQ residuals product marketed as
Maggie Valley, NC Class A EQ residuals. 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 September 12, 2002 as, well as the additional information received on July 14, 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 July 31, 2010; shall void Permit No.
WQ0010615, issued on March 31, 1995; and shall be subject to the following specified conditions and
limitations:
I. PERFORMANCE STANDARDS
1. The Class A EQ residuals production and 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 Class A EQ residuals
production 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 Class A EQ residuals
production facility or Class A EQ residuals product distribution program.
4. In the event that the Class A EQ residuals production 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).
5. Diversion or bypassing of untreated residuals or leachate from the Class A EQ residual
production 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, Ione 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.
7. 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
1. The Class A EQ residuals production facility and Class A EQ residuals product distribution
program shall be properly operated and maintained at all times.
2. Upon classification of the Class A EQ residuals production 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
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 Class A EQ residuals
production facility in accordance with this permit:
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
Residuals
_
Permit
Maximum.
Permittee
Source -Generating
County
Number
Dry Tons
Facility
Facility
per Year
Town of Maggie
Valley
Maggie Valley WWTP
Haywood
NCO056561
300.00
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
_
Permit
Maximum
Source -Generating
Product
County
Number
Dry Tons
Facility
per Year
Town of Maggie Valley
Maggie Valley, NC
Class A EQ Residuals
Class A EQ product
Haywood
WQ0010615
300.00
Production Facility
I
2
4. No other residuals or Class A EQ residuals product other than that from the residuals source -
generating facilities specified in Condition II. 3. may be produced 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 Class A EQ residuals production facility and distribution through
the approved Class A EQ residuals product distribution program.
5. 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.
6. 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
production 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
(milligraiazs per Idlogram)
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
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.
a 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 C1ass' 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 Class A EQ residuals
production and 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
Class A EQ residuals production facility. ,
b. Source and amount of each amendment material used for treatment in the Class A EQ
residuals production 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.,------------
3.
se._-- , 3. 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 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-Dichlotoethylene (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-Tr4chlorophenol (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) (1.0)
p -Cresol (200.0) Mercury (0.2) Vinyl chloride (0.2)
Cresol (200.0) Methoxychlor (10:0)
2,4-D (10.0) Methyl.ethyl ketone (200.0)
4
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
Phosphorus
Distributed for
Distributed for
Potassium
Application to the Land
Application to the Land
Monitoring Frequency
(metric tons per
(short tom 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 < m
16,500 < DT/yr
Once per MonthDT/yr
(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 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-theproper-authority-or-authorities-if rriore=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 111. 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 2H.0800 or 15A NCAC 2H. 1100.
7. Three copies of all required monitoring and reporting requirements as specified in Condition
111. 1., Condition 111. 3., Condition III. 4., Condition III. 5., and Condition 111. 6. shall be
submitted annually on or before March I" 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
0
8. Noncompliance Notification:
The. Permittee shall report by telephone to the Aquifer Protection 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 Class A EQ residuals production 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 Class A EQ residuals production 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 Class A EQ residuals
production 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 Class A EQ
residuals production 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.
03MIM11,1111i 151 1 ' ' 1'
Applicable Boundaries:
a. The COMPLIANCE BOUNDARY for the Class A EQ residuals production 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
Class A EQ residuals production 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 Class A EQ residuals
production 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
1. The Permittee or his designee shall inspect the Class A EQ residuals production 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. -
3. 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 Class A EQ residuals production 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 Class A EQ residuals production 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.
- -
2. Thisermit shall be effective only y with respect to the. nature and volume of residuals
described in the application and other supporting data.
3. 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 214.0205 (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.
8
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 Class A
EQ residuals production 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. h1 the event that there is a desire for the
Class A EQ residuals production facility and Class A EQ residuals product distribution
program to change ownership or to change the name of the Permittee, a fonnal 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 twenty-sixth day of August, 2005.
NORTH C LWENYVOENTALMANAGEMENT COMMISSION
for
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0010615
g