HomeMy WebLinkAboutWQ0012980_Final Permit_20060830WA
Michael F. Easley, Governor
William G. Ross 7r., 5ecrefiry
North Carolina Department of Environment and Na arR6sources
�i
Alan W. K•hmek, P.E., Director
Division of Water Quality
August 3 0, 2006
Thomas J. Crawford, Senior Staff Attorney
Milwaukee Metropolitan Sewerage District
MMSD Legal Services
260 West Seeboth Street
Milwaukee, Wisconsin 53024-1446
Subject: Permit No. WQ0012980
Milwaukee Metropolitan Sewerage District
Distribution of Class A Wastewater Residuals
Milwaukee, Wisconsin
Dear Mr, Crawford:
In accordance with your renewal request received on July 11, 2006, we are forwarding herewith
Permit No. WQ0012980, dated August 30, 2006, 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 Class A
wastewater residuals standards, throughout the State of North Carolina.
This permit shall be effective from the date of issuance until July 31, 2011, shall void Permit No.
WQ0012980 issued January 11, 2002; 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 U.6.: 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 product.
+ Condition E I.2.b.: Regarding record keeping of the contract information of recipients of the
Milorganite ® residuals product.
• Condition 1H.3. : Regarding MONTHLY residuals analyses requirement. Additional
parameters are now required. Monitoring frequency is based on the reported 50,000.00 dry
tons per year production volume.
NorthCarolina
Naturally
Aquifer Protection Section 1636 Mail Service Center Raleigh, NC 27699-1636 Telephone: (919) 733-3221
Internet: http:Wo.enr.state.nc.us 2728 Capital Boulevard Raleigh, NC 27604 Fax 1: (919) 715-0586
Fax 2: (919) 715-6046
An Equal Opportunity/Affirmative Action Employer— 50% Recycledll0% Post Consumer Paper Customer Service: (877) 623-6748
Mr. Thomas J. Crawford
August 30, 2006
Page 2
• Condition U1.5.: 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 11I.6.: Regarding changed mailing address of the Division.
• Condition M.7.a. through HI.7.e.: Regarding timely noncompliance notification to the
applicable Division regional office.
• Condition V1.7.: 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 thirty (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.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this matter, please contact David Goodrich at (9 9) 715-6162.
Sincerel
Alan W. Klimek, P.E.
cc: NCDENR-DWQ Regional Offices, Aquifer Protection Section
Susan Baker, Fertilizer Unit, NCDA-CS
Technical Assistance and Certification Unit
APS Central biles
LAU 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 byproduct: Milorganite 6, 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 application received on July 11, 2006 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, 2011, shall void Permit No.
WQ0012980 issued January 11, 2002, 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.
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.
II.
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.
OPERATION AND MAINTENANCE REQUIREMENTS
1. The residuals treatment facilities shall be properly maintained and operated at all times.
2. No residuals other than the following are hereby approved for distribution in accordance with
this permit:
Permit Volume
Source - Number (Dry Tons/Year)
MMSD-Jones Island Wastewater Treatment Plant
(Dryer and Dewatering Building) WI -0036820-I 50,000.00
No other residuals, other than those specified under Condition H 2 above, may 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 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 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
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.
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 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. 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_REOUIREMENTS
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
Aluminum
Ammonia Nitrogen
Calcium
Magnesium
Nitrate -Nitrite Nitrogen
% Total Solids
pH
Phosphorus
Potassium
Sodium
TKN
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 mg/L in parentheses):
Arsenic (5.0) Barium (100.0) Benzene (0.5)
Cadmium (1.0)
Chlorobenzene (100.0)
o -Cresol (200.0)
Cresol (200.0)
(7.5)
1,2-Dichloroethane (0.5)
(0.13)
Endrin (0.02)
Hexachlorobenzene (0. 13)
Lead (5.0)
Methoxychlor (10,0)
Pentachlorophenol (100.0)
Silver (5.0)
Trichloroethylene (0.5)
(2.0)
2,4,5 -TP (Silvex) (1.0)
Carbon tetrachloride (0.5)
Chloroform (6.0)
m -Cresol (200.0)
2,4-D (10.0)
1, 1 -Dichloroethylene (0.7)
Chlordane (0.03)
Chromium (5.0)
p -Cresol (200.0)
1,4 -Dichlorobenzene
2,4-Dinitrotoluene
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
Vinyl chloride (0.2)
All residuals included in this permit must be monitored MONTHLY, from the date of permit
issuance, for compliance with condition 1.5 of this permit. Data to verify stabilization of the
residuals must be maintained by the Pernuttee. 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
111 1, 1112, 1113, 1114, and III 5 shall be submitted ANNUALLY on or before March 1 of the
following year to the following address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. Noncompliance Notifieation:
The Permittee shall report by telephone to the appropriate Division of Water Quality (DWQ)
Regional Office (see the website at http://www.enr.state.nc.us/html/regionaloffices.html), 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 (5) 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
The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A
NCAC 2L, Groundwater Classifications and Standards. The Compliance Boundary is for the
disposal system constructed after December 31, 1983 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).
In accordance with 15A NCAC 2L, a 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
remediation 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
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.
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
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 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 thirty (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 exempt 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, including but not limited to
applicable river buffer rules in 15A NCAC 2B.0200, 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 2H.0500.
The Permittee, at least six (6) 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 the 30'1' day of August, 2006
NORTH C OLIN ENVIRONMENTAL MANAGEMENT COMMISSION
-"Asan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0012980