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WQ0012980_Final Permit_20150126
AIfflFX-X*A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart January 26, 2015 Thomas A. Nowicki Milwaukee MSD 260 West Seeboth Street Milwaukee, Wisconsin 53204-1446 Subject: Permit No. WQ0012980 Milwaukee MSD Distribution of Class A Residual Solids Distribution of Class A Residuals Dear Mr. Nowicki: Secretary In accordance with your permit renewal request received January 9, 2014, we are forwarding herewith Permit No. WQ0012980 dated January 26, 2015, to Milwaukee MSD for the continued distribution and marketing of up to 50,000 dry tons of Milorganite® soil amendment product, which meets Class A wastewater residuals standards, throughout the State of North Carolina. This permit shall be effective from August 1, 2015 (i.e. the day after the expiration date of the existing permit), until July 31, 2020, shall void Permit No. WQ0012980 issued February 19, 2014, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the monitoring requirements listed in Attachment 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 the following permit conditions have been removed since the last permit issuance dated August 30, 2006: 1. Condition IV. 1: Because the permit is for the distribution of Milorganite® within North Carolina, there is no need for compliance or review boundary definitions. 2. Condition IV.2: Because the permit is for the distribution of MilorganitelD within North Carolina, there is no need for groundwater quality monitoring. Please note the following permit conditions are new since the last permit issuance dated August 30, 2006: 1. Condition 1112: O&M plan requirement. 2. Condition IIIA: No leachate runoff from storage of MilorganiteS. 3. Condition 1V.5: Laboratory analysis to be performed on Milorganite® as it is distributed. 4. Condition VI.7: Expansion of the program shall not be allowed without a variance if the Permittee exhibits behavior outlined in 15A NCAC 02T .0120(b). Non -Discharge Permitting Unit 1617 Mail Service Center, Ralesgh, North Carolina 27699-1617 Phone: 919-807-64641 Internet: htto:!loortal.ncdenr.orgfweb/Wg An Equal Opportunity1 Affirmative Action Enpioyer— Made in part with recycled paper Mr. Thomas A. Nowicki January 26, 2015 Page 2 oft Please note that on Subchapter 02T — Waste not incorporates the requirements conditions listed above. September 1, 2006, North Carolina Administrative Code Title 15A Discharged to Surface Waters was adopted. Accordingly, this permit of these rules. These conditions are contained within the changes in 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 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-67I4. Unless such demands are made, this permit shall be final and binding. If you need additional information concerning this permit, please contact Troy Doby at (919) 807-6336 or troy.doby@ncdenr.gov. Sincerely, JJay;immerman, Acting Director Division of Water Resources cc: Beth Buffington — Protection and Enforcement Branch (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH DISTRIBUTION OF CLASS A RESIDUALS 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 MSD Milwaukee, Wisconsin FOR THE continued operation of a residuals management program for the Milwaukee Metropolitan Sewerage District (MSD) and consisting of the distribution and marketing of the soil amendment byproduct, Milorganitet, which meets Class A residuals standards, throughout the State of North Carolina, generated by the approved facilities listed in Attachment A, with no discharge of wastes to surface waters, pursuant to the application received January 9, 2015, 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 August 1, 2015, until July 31, 2020, shall void Permit No. WQ0012980 issued February 19, 2014, and shall be subject to the following specified conditions and limitations; L SCHEDULES 1. 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. Please note Rule 15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal application. [15A NCAC 02T .0108(b)(2), 02T .105(d), 02T .0109] W00012980 Version 4.0 Shell Version 150101 Page 1 of 8 H. PERFORMANCE STANDARDS 1. The subject residuals management program for the distribution and marketing of Milorganite® 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 of residuals to the surface disposal unit, contact the nearest regional office supervisor, and take any immediate corrective actions (see h!W:Lportal.ncdenr.org/web/wqlaps). [G.S. 143-215.1 ] 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. [15A NCAC 02B .0200, 02L.0100] 3. Only residuals generated by the facilities listed in Attachment A are approved for distribution in accordance with this permit. The Permittee shall request and obtain a permit amendment from the Division for each additional residual source prior to acceptance of that residual. [G. S. 143-215.1] 4. • Pollutant concentrations in Milorganite® distributed 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 Zinc 7,500 2,800 [ 15A NCAC 02T .1105] 5. Milorganite® 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. [15A NCAC 02T .1106] 6. Milorganite® 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. [15A NCAC 02T .1107] 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. [15A NCAC 02T .1110] WQ0012980 Version 4.0 Shell Version 150101 Page 2 of 8 2. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) Modifications to the O&M Plan shall be approved by the Division prior to utilization of the new plan. The O&M Plan, at the minimum, shall include: a. Spill response plan; b. Sampling and monitoring plan including the following information: L 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). [I 5A NCAC 02T. 11001 When Milorganite® is transported to or within North Carolina, a spill prevention and control plan shall be maintained in all transport and application vehicles. For any emergency requiring reporting, the Division of Emergency Management shall be notified at 1-800-858-0368. [15A NCAC 02T .1110] All Milorganite® 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. [15A NCAC 02T .0108(b)(1)] 5. A label shall be affixed to each Milorganiteg bag or container or an information sheet shall be provided to the person who receives Milorganite®. 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, lake, river, wetland, etc.); d. Residuals shall not be applied to any site that is flooded, frozen or snow-covered. e. A statement that the residuals shall be applied at agronomic rates and recommended rates for its intended use. [I 5A NCAC 02T 1109(a)] IV. 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. [15A NCAC 02T .0108(c)] 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 4.0 Shell Version 150101 Page 3 of 8 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-Dichioroethane (0.5) Pentachlorophenol (100.0) Benzene (0.5) 1, 1 -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 (5A) Chlordane (0.03) HexachIorobenzene (0.13) Tetrachloroethylene (0.7) Chiorobenzene (100.0) Heptachlor (and its hydroxide) (0.00s Toxaphene (0.5) Chloroform (6.0) Hexacliloro-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) [ 15A NCAC 13A .0102(b), 02T. 110 1, 02T .11051 An analysis shall be conducted on the Class A Milorganite® 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 Nitrogen Total Nitrogen Calcium Percent Total Solids Magnesium Copper pH Zinc Lead Phosphorus [15A NCAC 02T .1101] 4. Milorganite® 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). Any exceptions from the requirements in this condition shall be specified in Attachment A. [ 15A NCAC 02T .1106, 02T .1107, 02T .1111(c)] 5. Laboratory parameter analyses shall be performed on Milorganite® as distributed, and shall be in accordance with the monitoring requirements in 15A NCAC 02B .0505. [15A NCAC 02B .0505] WQ0012980 Version 4.0 Shell Version 150101 Page 4 of 8 6. The Permittee shall maintain records tracking all distribution of Milorganite® performed by the Permittee. At a minimum, these records shall include the following: a. Source of residuals; b. Date of distribution; c. Name and address of recipient of residuals; d. Volume of residuals distributed to each recipient; and e. Intended use of residuals. [15A NCAC 02T .0109(x)] 7. Three copies of an annual report shall be submitted on or before March 1'. 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 http://i)ortal.ncdenr.or web/wq/aps/lauirepoE ing, 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 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .1111(a)] 8. Noncompliance Notification The Permittee shall report by telephone to the appropriate Regional Office, (see http://portal.ncdenr.org./web/wq/aps) , 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. Distribution of residuals 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 betaken to ensure that the problem does not recur. [15A NCAC 02T .0105(1), 02T .0108(b)(1)] WQ0012980 Version 4.0 Shell Version 150101 Pa -e 5 of 8 V. INSPECTIONS The Permittee or his designee shall inspect the residuals storage, transport and application facilities to prevent malfunctions, facility deterioration and operator errors resulting in discharges, which may cause the release of wastes to the environment, a threat to human health or a public nuisance. The Permittee shall maintain an inspection log that includes, at a minimum, the date and time of inspection, observations made, and any maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of inspection, and this log shall be made available to the Division upon request. [ 15A NCAC 02T .0108(b)] 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. [G.S. 143-215.3(a)(2)] 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 143-215.6C. [G.S. 143-215.6A to 143-215,6C] 2. This permit shall become voidable if the residuals Iand application events are not carried out in accordance with the conditions of this permit. [15A NCAC 02T .0110] This permit is effective only with respect to the nature and volume of residuals described in the permit application and other supporting documentation. [G.S. 143-215.1] 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 NCG010000; 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. [15A NCAC 02T .0105(c)(6)] 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. [15A NCAC 02T .0104] 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 listed in 15A NCAC 02T .0110. [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 ,0120(b). [15A NCAC 02T .0120] S. 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. [ 15A NCAC 02T .0105(e)(3)] WQ0012980 Version 4.0 Shell Version 150101 PaLye 6 of 8 Permit issued this the 26`h day of January, 2015 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION S. y Zi erman, Acting Director D vision bf Water Resources By Authority of the Environmental Management Commission Permit Number WQ0012980 WQ0012980 Version 4.0 Shell Version 150101 Page 7 of 8 Page Left Blank WQ0012980 Version 4.0 Shell Version 150101 Page 8 of 8 ATTACHMENT A - Approved Residual Sources Milwaukee Metropolitan Sewerage District Certification Date- January 16, 2015 Permit Number: WQ0012980 Version: 4.0 I . 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 N.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 ear Monitoring Frequency Established in 40 CFR 503 and 15A NCAC 02T .1111 ©19 I /Year =>319 - <1,650 Monitoring Monitoring Monitoring =>16,500 I/month (l2 times per ear Permit Biological Maximum Frequency for Frequency for Frequency for Approved Owner Facility Name Location Number Residuals Dry Tons Non-hazardous Metals and Pathogen & Mineralization per Year Characteristics Nutrients Vector Attraction Rate Reductions 4,5 Milwaukee Metropolitan MMSD-Joncs Island Milwaukee, WI- Yes 2,990 Once per permit See Table Below See Table Below 0.3 Sewera e District Wastewater Treatment Plant WI 0036820-I cycle Total 2,990 I . 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 N.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 ear Monitoring Frequency Established in 40 CFR 503 and 15A NCAC 02T .1111 ©19 I /Year =>319 - <1,650 11 Quarter 4 times per ear) =>1,650-<16,500 1160 Days (6 times per year) =>16,500 I/month (l2 times per ear If no land application events occur during a required sampling period (e.g. no land application occur daring an entire year when annual monitoring is required), then no sampling data is required during the period of inactivity. The annual report shall include an explanation for missing sampling data. Those required to submit the annual report to EPA may be required to make up the missed sampling, contact the EPA for additional information and clarification. WQ0012980 Version 4.0 Attachment A Page 1 of I THIS PAGE BLANK