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HomeMy WebLinkAboutWQ0012980_Final Permit_20020111State of North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross Jr., Secretary Gregory J. Thorpe, Ph.D., Acting Director January 11, 2002 THOMAS J. CRAWFORD, SENIOR STAFF ATTORNEY MILWAUKEE METROPOLITAN SEWERAGE DISTRICT MMSD LEGAL SERVICES 260 WEST SEEBOTH STREET MILWAUKEE, W153024-1446 Dear Mr. Crawford: fflk�X;W'j IT 0 0 A44.1a f NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Subject: Permit No. WQ0012980 Milwaukee Metropolitan Sewerage District Distribution of CIass A Wastewater Residuals Milwaukee, Wisconsin In accordance with your renewal request received on October 1, 2001, and subsequent response to an additional information request, received on December 28, 2001; we are forwarding herewith Permit No. WQ00129$0, dated January 11, 2002, to Milwaukee Metropolitan Sewerage District for the continued operation and maintenance of a wastewater residuals program for the distribution and marketing of up to 50,000.00 dry tons of the Milorganite ® soil amendment product, which meets the Class A wastewater residuals standards, throughout the State of North Carolina. This permit shall be effective from the date of issuance until December 31, 2006, shall void Permit No. WQ0012980, issued January 31, 1997; and shall be subject to the conditions and limitations as specified therein. Please 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. Please take time to review this permit thoroughly. Of special interest are the following items: • Condition M. 2. b.: Regarding record keeping of the contact information of recipients of the Milorganite O residuals product. • Condition 111.3.: Regarding MONTHLY residuals analyses requirement. Monitoring frequency is based on the reported 50,000.00 dry tons per year production volume. • Condition IIt. 5.: Regarding MONTHLY pathogen reduction and vector attraction reduction requirements. Monitoring frequency is based on the reported 50,000.00 dry tons per year production volume. • Condition 1H. 6.: Regarding changed mailing address of the Division. • Condition M. 7. a., -through M. 7. e.: Regarding timely noncompliance notification to the applicable Division regional office. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 Fax (919) 733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper httpJ/h2o.enr.state.nc.us/ndpu • Condition 11. t .: Regarding the necessary marketing label information that must be provided to the residuals customer, upon receipt to the distributed product. The actual label is found on page 8, of the permit. This marketing label will need to be given to each customer prior to distribution of your residuals product. • Condition VT. 7.: Regarding timely submittal of your project's renewal package six months prior to the expiration date. 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 permit. 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, NC 27699- 6714. Unless such demands are made this permit shall be final and binding. If you need additional information concerning this matter, please contact Theresa Nartea at (919) 733- 5083 extension 375. Sincerely, 6aGregory J. Thorpe, Ph.D. cc: NCDENR-DWQ Regional Offices, Water Quality Section Susan Baker, Fertilizer Unit, NCDA-CS Technical Assistance and Certification Unit Non-Discbarge Compliance/Enforcement Unit Water Quality Central Files NDPU Files 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 Milwaukee Metropolitan Sewerage District (MMSD) Milwaukee, Wisconsin FOR THE continued operation and maintenance of a wastewater residuals program, located in Milwaukee, Wisconsin, consisting of the distribution and marketing of up to 50,000.00 dry tons per year of the soil amendment by- product: Milorganite®, which meets the Class A standards, throughout the State of North Carolina, from the source listed in Condition H. 2., with no discharge of wastes to the surface waters, pursuant to the renewal request received on October 1, 2001, and subsequent response to an additional information request, received on December 28, 2001; 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, 2006, shall void Permit No. WQ0012980, issued January 31, 1997; and shall be subject to the following specified conditions and limitations: I. PERFORMANCE STANDARDS The program for the distribution and marketing of Milorganite ®, which meets the Class A standards, shall be effectively maintained and operated as a non -discharge system to prevent the discharge of any wastes 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. 3. 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). II. 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. OPERATION AND MAINTENANCE REOUIREMENTS The residuals distribution and marketing program shall be properly maintained and operated at all times. 2. No residuals other than the following are hereby approved for distribution and marketing in accordance with this permit: Permit Volume Source Number (Dry Tons/Year) MMSD-Jones Island Wastewater Treatment Plant (Dryer and Dewatering Building) WI -0036820-1 50,000.00 3. No other residuals other than those specified under Condition 11. 2., shall be distributed. The Permittee shall request and obtain a permit amendment from the Division for each additional residual source prior to acceptance of that residual. 4. For a CIass 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 mg/kg mg/kg 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 5. A spill prevention and control plan shall be maintained in all residual vehicles which transport the Class A Milorganite ® product within the borders of North Carolina. For any emergency which requires immediate reporting, please contact the Division of Emergency Management at 1-800- 858-0368. W 6. A label shall be affixed to the bag or other container in which residuals that are sold or given away for application to the land, or an information sheet shall be provided to the person who receives the residuals sold or given away in an other 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. A statement which identifies that this material shall be prevented from entering any public or private water supply source (including wells) and any stream, lake, or river. 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. III. MONITORING AND REPORTING REOLII;REMENTS 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 the Milorganite ® residuals product b. name and contact information of the residuals' recipient, volume received, and intended use 3. A residual analysis shall be conducted MONTHLY from the date of permit issuance by the Permittee. The results of all analysis 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 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 mgfL in parentheses): Arsenic (5.0) Cadmium (1.0) Chlorobenzene (100.0) 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 -Di n itrotoluene (0.13) Heptachlor (and its hydroxide) (0.008) Hexachloro-1,3-butadiene (0.5) Hexachloroethane (3.0) Lindane (0.4) Methyl ethyl ketone (200.0) Pyridine (5.0) Tetrachloroethylene (0.7) 2,4,5 -Trichlorophenol (400.0) Vinyl chloride (0.2) Mercury (0.2) Nitrobenzene (2.0) Selenium (1.0) Toxaphene (0.5) 2,4,6 -Trichlorophenol (2.0) 5. All residuals included in this permit must be monitored MONTHLY, from the date of permit issuance, for compliance with Condition I. 5., of this permit. 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(a) 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 MONTHLY 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 Conditions III. 1., III. 2., III. 3., 111. 4., and III. 5., shall be submitted ANNUALLY on or before March Ist of the year following the initial distribution event to the address below: NC Division of Water Quality Water Quality Section Non -Discharge Compliance/Enforcement Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 0 7. Noncompliance Notification: The Permittee shall report by telephone to the appropriate Division of Water Quality (DWQ) Regional Office (as outlined in Attachment. 1.), 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 which results in the land application 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 letter form 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. GROUNDWATER REQUIREMENTS 1. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary for the disposal system individually permitted after December 31, 1983, and is established at either (1) 250 feet from the waste disposal area, or (2) 50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation action according to 15A NCAC 2L.0106 (d)(2). The REVIEW BOUNDARY is established around the disposal systems midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of standards at the Review Boundary shall require action, in accordance with 15A NCAC 2L.0106 (d)(1). 2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V. INSPECTIONS 1. 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 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 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. VI. 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 ownershipor 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 with 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 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). 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. 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 the eleventh day of January, 2002. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION YL, 1, Gregory J. Thorpe, Ph.D., Acting Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number WQ0012980 7 Milorganite@ Provided by Milwaukee Metropolitan Sewerage District (MMSD) 260 West Seeboth Street Milwaukee, WY 53024-1446 1. The application of Milorganite@ residuals, must be in accordance with the instructions on this information sheet. 2. Milorganite@ residuals, shall not be applied to flooded, frozen, or snow-covered fields. 3. Milorganite@ residuals, shall not be spread within the following buffers: a. 100 feet from any public or private water supply source, waters classified as SA or SB; or any Class I, or Class II impounded reservoir which is used as a drinking water source; b. 100 feet from any streams classified as WS or B, any stream, canal, or marsh; and c. 50 feet from a property line. 4. Adequate procedures shall be provided to prevent surface runoff from carrying any disposed or stored Milorganite@ residuals, into any surface waters. 5. Milorganite@ residuals shall be applied in a manner such that an adequate cover crop can be grown successfully. 8