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HomeMy WebLinkAboutWQ0012980_Final Permit_20140219A����� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary February 19, 2014 Thomas A. Nowicki, StaffAttorney Milwaukee Metropolitan Sewerage District 260 West Seeboth Street Milwaukee, Wisconsin 53024 Subject: Permit No. WQ0012980 Milwaukee Metropolitan Sewerage District Distribution of Class A Residuals Milwaukee, Wisconsin Dear Mr. Nowicki: In accordance with your permit minor modification request received February 3, 2014, we are forwarding herewith Permit No. WQ0012980 dated February 19, 2014, to the Milwaukee Metropolitan Sewerage District for the continued operation of the subject residuals management program. Modifications to the subject permit are as follows: • The reduction of monitoring for the TCLP parameters from annually to once per permit cycle. • The reduction of dry tons per year from 50,000 to 2,999. • The removal of all conditions associated with "bulk distribution of residuals." This permit shall be effective from the date of issuance until July 31, 2015, shall void Permit No. WQ0012980 issued August 30, 2006 and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachments A for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. Please note that on September 1, 2006, North Carolina Administrative Code Title 15A Subchapter 02T — Waste not Discharged to Surface Waters was adopted. Accordingly, this permit incorporates the requirements of these rules; therefore, please take the time to review this permit thoroughly. If any parts, requirements or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail WATER QUALITY PERMITTING SECTION 1636 Mail Service Center, Rafegh, North Carolina 27699-1636 Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 Phone: 919807-64641 FAX: 91H07-6496 Internet: htt2lloortal.ncdenr.oralweb/wa An Equal opportunity 1 AtfirnnWive Action Empioyer Mr. - Nowicki February 19, 2014 Page 2 of 2 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 Alice M. Wessner at (919) 807-6425 or alice.wessner@ncdenr.gov. Sincerely, Thomas A. Reeder cc: Permit File WQ0012980 Notebook File WQ0012980 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF CLASS A RESIDUAL SOLIDS 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 Milwaukee Metropolitan Sewerage District FOR THE continued operation of a residuals management program for the Milwaukee Metropolitan Sewerage District and consisting of the distribution of Class A residuals generated by the approved facilities listed in Attachment A, limited to the distribution of residuals in bags and other container as described in 15A NCAC 02T .1102 (4), with no discharge of wastes to surface waters, pursuant to the application received February 3, 2014, and in conformity with other supporting data subsequently filed and approved by the Department of Environment and Natural Resources and considered a part of this permit. The use and disposal of residuals are regulated under Title 40 Code of Federal Regulations Part 503. This permit does not exempt the Permittee from complying with the federal regulations. This permit shall be effective from February 19, 2014 the date of issuance until July 31, 2015, and shall void Permit No. WQ0012980 issued August 30, 2006 and shall be subject to the following specified conditions and limitations: I. SCHEDULES No later than six months prior to the expiration of this permit, the Permittee shall request renewal of this permit on official Division forms. Upon receipt of the request, the Division will review the adequacy of the facilities described therein, and if warranted, will renew the permit for such period of time and under such conditions and limitations as it may deem appropriate. PIease note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. II. PERFORMANCE STANDARDS The subject residuals management program shall be effectively maintained and operated at all times so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, the Permittee shall immediately cease distribution of residuals, contact the Non -Discharge Permitting Unit supervisor, and take any immediate corrective actions. 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this residuals management program_ WQ0012980 Version 3.1 Shell Version 140210 Page 1 of 6 3. Only residuals generated by the facilities listed in Attachment A are approved for distribution in accordance with this permit. 4. Pollutant concentrations in residuals distributed or applied to any land application site shall not exceed the following Ceiling Concentrations or Monthly Average Concentrations (i.e., dry weight basis): Parameter Ceiling Concentration (milligrams per kilogram) 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 Ziac 7,500 2,800 5. Residuals that are distributed shall meet Class A pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b). Exceptions to this requirement shall be specified in Attachment A. 6. Biological residuals (i.e. residuals generated during the treatment of domestic or animal processing wastewater, or the biological treatment of industrial wastewater, and as identified in Attachment A) that are distributed shall meet one of the vector attraction reduction alternatives in 15A NCAC 02T .1107(a). Exceptions to this requirement shall be specified in Attachment A. III. OPERATION AND MAINTENANCE REQUIREMENTS 1. The residuals management program shall be properly maintained and operated at all times. The program shall be effectively maintained and operated as a non -discharge system to prevent any contravention of surface water or groundwater standards. 2. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to 15A NCAC 02T .I 110. Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plata, at the minimum, shall include: a) Operational functions; b) Maintenance schedules; c) Safety measures; d) Spill response plan; e) Inspection plan including the following information: i_ Names and/or titles of personnel responsible for conducting the inspections; ii. Frequency and location of inspections, including those to be conducted by the ORC, and procedures to assure that the selected location(s) and inspection frequency are representative of the residuals management program; WQ0012980 Version 3.1 Shell Version 140210 rage 2 of 6 iii. Detailed description of inspection procedures including record keeping and actions to be taken by the inspector in the event that noncompliance is observed pursuant to the noncompliance notification requirements under the monitoring and reporting section of the permit; f) Sampling and monitoring plan including the following information: i. Names and/or titles of personnel responsible for conducting the sampling and monitoring; ii. Detailed description of monitoring procedures including parameters to be monitored; iii. Sampling frequency and procedures to assure that representative samples are being collected, Fluctuation in temperature, flow, and other operating conditions can affect the quality of the residuals gathered during a particular sampling event. The sampling plan shall account for any foreseen fluctuations in residuals quality and indicate the most limiting times for residuals to meet pathogen and vector attraction reduction requirements (e.g. facilities that land apply multiple times per year but have an annual sampling frequency, may need to sample during winter months when pathogen reduction is most likely to be negatively affected by cold temperatures). 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the facility, the Permittee shall designate and employ a certified operator in responsible charge (ORC) and one or more certified operators as back-up ORCs in accordance with 15A NCAC 08G .0201. The ORC or their back-up shall visit the facilities in accordance with 15A NCAC 08G. 0204, or as specified in the most recently approved O&M plan (i.e., see Condition III. 2), and shall comply with all other conditions of 15A NCAC 08G. 0204. For more information regarding classification and designation requirements, please contact the Division of Water Resources's Technical Assistance & Certification Unit at (919) 733-0026. 4. All residuals shall be adequately stored to prevent untreated leachate runoff. The finished product may be placed on a concrete pad, placed under shelter or physically covered until it is distributed to the buyer. If an alternate storage site is used, approval must be obtained from the Division. A label shall be affixed to the bag or other container in which residuals are sold or given away for land application, or an information sheet shall be provided to the person who receives Class A residuals. At a minimum, the label or information sheet shall contain the following: a. The name and address of the person who prepared the residuals; b. A statement that residual land application is prohibited except in accordance with the instructions on the label or information sheet; c. A statement identifying that this material shall be prevented from entering any public or private water supply source (including wells) and any surface water (e.g., stream, take, river, wetland, etc.); d. A statement that the residuals shall be applied at agronomic rates and recommended rates for its intended use. N. MONITORING AND REPORTING REQUIREMENTS 1, Any Division required monitoring (including groundwater, plant tissue, soil and surface water analyses) necessary to ensure groundwater and surface water protection shall be established, and an acceptable sample reporting schedule shall be followed. 2. Residuals shall be analyzed to demonstrate they are non -hazardous under the Resource Conservation and Recovery Act (RCRA). The analyses (corrosivity, ignitability, reactivity, and toxicity characteristic leaching procedure (TCLP)] shall be performed at the frequency specified in Attachment A. and the Permittee shall maintain these results for a minimum of five years. Any WQ0012980 Version 3.1 Shell Version 140210 Page 3 of 6 exceptions from the requirements in this condition shall be specified in Attachment A. The TCLP analysis shall include the following parameters (the regulatory level in milligrams per liter is 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,l-Dichloroethylene (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) 0.00$ Toxaphene (0.5) Chloroform (6.0) Hexachloro-1,3-butadiene (0.5) Trichloroethylene (0.5) Chromium (5.0) Hexachloroethane (3.0) 2,4,5 -Trichlorophenol (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) 3. An analysis shall be conducted on the Class A residuals at the frequency specified in Attachment A, and the Permittee shall maintain the results for a minimum of five years. The analysis shall include the following parameters: Aluminum Mercury Potassium Ammonia -Nitrogen Molybdenum Selenium Arsenic Nickel Sodium Cadmium Nitrate -Nitrite Nitrogen Zinc Calcium Percent Total Solids Copper pH Lead Phosphorus Magnesium Plant Available Nitrogen (by calculation) 4. Residuals shall be monitored for compliance with pathogen and vector attraction reduction requirements at the frequency specified in Attachment A, and at the time indicated in the sampling and monitoring sections of the approved O&M plan. The required data shall be specific to the stabilization process utilized, and sufficient to demonstrate compliance with the Class A pathogen reduction requirements in 15A NCAC 02T .1106 (a) and (b), and one vector attraction reduction requirement in 15A NCAC 02T .1107 (a) shall be met. Any exceptions from the requirements in this condition shall be specified in Attachment A. 5. Laboratory parameter analyses shall be performed on the residuals as they are distributed, and shall be in accordance with the monitoring requirements in. 15A NCAC 02B .0505. WQ0012980 Version 3.1 Shell Version 140210 Page 4 of 6 6. Three copies of an annual report shall be submitted on or before March I". The annual report shall meet the requirements described in the Instructions for Residuals Application Annual Reporting Forms. Instructions for reporting and annual report forms are available at hitp:i/portal.ncdenr.ory/web/wq/ans/lau/ret)ortiny,, or can be obtained by contacting the Land Application Unit directly. The annual report shall be submitted to the following address: Division of Water Resources Information Processing Unit I617 Mail Service Center Raleigh, North Carolina 27699-1617 7. Noncompliance Notification The permittee shall report by telephone to the Non -Discharge Permitting Unit supervisor, at telephone number (919) 807-6458, 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 resulting in the land application of significant amounts of wastes that are abnormal in quantity or characteristic_ b. Any failure of the distribution program resulting in a release of material to surface waters. C. Any time self-monitoring indicates the facility has gone out of compliance with its permit limitations. d. Any process unit failure, due to known or unknown reasons, rendering the facility incapable of adequate residual treatment. e. Any spill or discharge from a vehicle or piping system during residuals transportation. Any emergency requiring immediate reporting (e.g., discharges to surface waters, imminent failure of a storage structure, etc.) outside normal business hours shall be reported to the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733 -3300 -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 shall outline the actions taken or proposed to be taken to ensure that the problem does not recur. V. INSPECTIONS 1. The Permittee shall provide adequate inspection and maintenance to ensure proper operation of the subject facilities and shall be in accordance with the approved O&M Plan. 2. Any duly authorized Division representative may, upon presentation of credentials, enter and inspect any property, premises or place on or related to the land application sites or facilities permitted herein at any reasonable time for the purpose of determining compliance with this permit; may inspect or copy any records required to be maintained under the terms and conditions of this permit; and may collect groundwater, surface water or leachate samples. VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to an enforcement action by the Division in accordance with North Carolina General Statutes 143- 215.6A to 143-215.60. WQ0012980 Version 3.1 She]I Version 140210 Page 5 of 6 2. This permit shall become voidable if the residuals land application events are not carried out in accordance with the conditions of this permit. 3. This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. 4. 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 jurisdictional government agencies (e.g., local, state, and federal). Of particular concern to the Division are applicable river buffer rules in 15A NCAC 02B .0200; erosion and sedimentation control requirements in 15A NCAC Chapter 4 and under the Division's General Permit NCGO10000; any requirements pertaining to wetlands under 15A NCAC 02B .0200 and 02H .0500; and documentation of compliance with Article 21 Part 6 of Chapter 143 of the General Statutes. 5. In the event the residuals program changes ownership or the Permittee changes their name, a formal permit modification request shall be submitted to the Division. This request shall be made on official Division forms, and shall include appropriate documentation from the parties involved and other supporting documentation as necessary. The Permittee of record shall remain fully responsible for maintaining and operating the residuals program permitted herein until a permit is issued to the new owner. 6. This permit is subject to revocation or unilateral modification upon 60 days notice from the Division Director, in whole or part for the requirements Iisted in 15A NCAC 02T .0110. 7. Unless the Division Director grants a variance, expansion of the permitted residuals program contained herein shall not be granted if the Permittee exemplifies any of the criteria in 15A NCAC 02T .0I20(b). The Permittee shall pay the annual fee within 30 days after being billed by the Division. Failure to pay the annual fee accordingly shall be cause for the Division to revoke this permit pursuant to 15A NCAC 02T .0105(e)(3). Permit issued this the I9tb day of February 2014 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION T mas 011keeder, Director Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0012980 WQ0012980 Version 3.1 Shell Version 140210 Page 6 of 6 ATTACHNij.NT A - Approved Residual Sources Milwaukee Metropolitan Sewerage District Certification Date: Febrt, f 19, 2014 Permit Number: WQ0012980 Version: 3.1 1. Maximum Dry Tons per Year is the amount of residuals approved for distribution from each permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing of metals and nutrients as stipulated under permit Condition iV.3. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition IVA. 5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above, Dry Tons Generated short tons per jeab Monitoring Frequency Established in 40 CFR 503 and 15A NCAC 02T.1111) <319 1/Year =>319 - <1,650 11 Quarter 4 times per ear Monitoring Monitoring Monitoring I/month I2 times per ear permit Biological Maximum ,.Eons Frequency for Frequency for Frequency for Approved Owner Facility Name County Number Residuals Dry per Year 1 Non -hazardous Metals and Pathogen & Mineralization Characteristics 2 Nutrients 3,S Vector Attraction Rate Reductions 4,5 Milwaukee Metropolitan Milwaukee MSD Milwaukee, Once per permit Sewerage District Distribution of residual WI Yes 2,999 cycle See Table Below See Table Below Solids Total 2,999 1. Maximum Dry Tons per Year is the amount of residuals approved for distribution from each permitted facility. 2. Analyses to demonstrate that residuals are non -hazardous (i.e., TCLP, ignitability, reactivity, and corrosivity) as stipulated under permit Condition IV.2. 3. Testing of metals and nutrients as stipulated under permit Condition iV.3. 4. Analyses of pathogen and vector attraction reductions as stipulated under permit Condition IVA. 5. Monitoring frequencies are based on the actual dry tons applied per year using the table below, unless specified above, Dry Tons Generated short tons per jeab Monitoring Frequency Established in 40 CFR 503 and 15A NCAC 02T.1111) <319 1/Year =>319 - <1,650 11 Quarter 4 times per ear =>1,650 - <16,500 1160 Das 6 times per ear =>16,500 I/month I2 times per ear Page 1 of 1