HomeMy WebLinkAboutWQ0033709_Final Permit_20090316HCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 16, 2009
MR, DAVID COE
Natural Resources
LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT
4522 ALGONQUIN PARKWAY
LOUISVILLE, KY 40211
Dear Mr. Coe:
Dee Freemari
Secretary
Subject: Permit No. WQ0033709
Louisville and Jefferson County Metropolitan
Sewer District
Morris Forman Wastewater Treatment Plant
Class A Residuals Management Program
Louisville, KY
In. accordance with your permit application request received December 30, 2008, and subsequent
additional information received February 25, 2009, we are forwarding herewith Permit No. WQ0033709,
dated March 16, 2009, to Louisville and Jefferson County Metropolitan Sewer District for the operation
of the subject land application of residuals solids program.
This permit shall be effective from the date of issuance until February 28, 2014, and shall be
subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements in this permit- Failure to establish an adequate system for collecting and
maintaining the required operational information will result in future compliance problems.
The sampling and monitoring plan you submitted with the permit application and attached to this
permit meets the requirements of permit condition 111.3 a. Any changes to the plan must be approved by
the North Carolina Division of Water Quality.
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 the
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.
t.QUIFER PROT@CTION SECTION
1636 P. G:I Service Center, Raleigh, Norti. Carolina 276994636
Locatic-: 2729 Capital Souievard, Raleigh, North Caroiina 27604
Phone: 915-733-3221 1 PnY 1: 919-715-0588; FAX 2: 999-715-04z 1 Cusbme• Servtcc 1-877-623-6748
Internet: www.nmaterguality.ora
An Equal i?GOr ^ .J I.: Nrnz!,ve A':On --: iaym
P
NorthCar o-'Jina
Nater,
Dear: Mr. Coe
March 16, 2009
Page I of 2
Please note that on September 1, 2006 State Administrative Code 15A NCAC Subchapter 02T —
Waste not Discharged to Surface Water was adopted. This permit incorporates the requirement of these
rules. Remember to take the time to review this permit thoroughly, as some of the conditions
contained therein may have been added, changed, or deleted from those in previously issued permits
Please note that distribution of the class A residuals to a third party for further distribution
requires the creation of a written and signed utilization agreement between the Permittee and the person
or party accepting the residuals. Upon accepting the class A residuals and making the agreement the
acceptor assumes responsibilities for proper utilization of the residuals.
If you need additional information concerning this matter, please contact Ed Hardee at (919) 715-
6189 or ed.hardee@ncmail.net.
Sincerely,
ColeH. Sullins
cc: Technical Assistance and Certification Unit
APS Central Files
LAU Files
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
Louisville and Jefferson County Metropolitan Sewer District
Louisville, Kentucky
FOR THE
operation of a wastewater residuals program for the distribution of Class A residuals for Louisville and
Jefferson County Metropolitan Sewer District and consisting of the distribution and land application of
residuals generated by the residuals source -generating facilities listed in the most recently -certified
Attachment A with no discharge of wastes to surface waters, pursuant to the permit application package
received on December 30, 2008 as well as the additional information received on February 25, 2009 and
in conformity with the project plan, specifications, and other supporting data subsequently filed and
approved by the Department of Envirorunent and Natural Resources and considered a part of this permit,
Note that per 15A NCAC 02T .1102, bulk residuals shall mean residuals that are loaded in quantities
greater than 1.102 short tons (or greater than one metric ton) and transported either directly to a receiving
site for application to the land or to a temporary (intermediary) storage location prior to application to the
land.
This permit shall be effective from the date of issuance until February 28, 2014, and shall be subject to
the following specified conditions and limitations:
1. SCHEDULES Fplease review the entire permit for reporting, monitoring and other on-going activities)
No later than six months prior to the expiration of this permit, the Permittee shall request renewal of
this permit on official Division fortes. 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 that Rule
15A NCAC 02T .0105(d) requires an updated site map to be submitted with the permit renewal
application
II. PERFORMANCE STANDARDS
The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface
waters or groundwater resulting from the operation of this Class A residuals distribution and land
application program.
WQ0033709 Version 1.0 Shell Version 090204 Page 1 of 12
2. No residuals other than those generated by the residuals source -generating facilities listed in the most
recently -certified Attachment A of this permit shall be approved for distribution or land application in
accordance with this permit.
3. The pollutant concentrations in any residuals that are distributed or land applied to any land
application site shall not exceed the following Ceiling and Monthly Average Concentrations (i.e.,
dry weight basis)
Parameter
Monthly Average
Concentration
(mg/kg)
Ceiling Concentration
(mg/kg)
Arsenic
41
75
Cadmium
39
85
Copper
1,500
4,300
Lead
300
840
Mercury
17
57
Molybdenum
n/a
75
Nickel
420
420
Selenium
100
100
Zinc
2,800
7,500
4. When residuals are distributed or land applied under the conditions of this permit, the Class A
pathogen requirements and site restrictions in 15A NCAC 02T .1106 (a) and (b), and one vector
attraction reduction requirements in 15A NCAC 02T .1107 (a) shall be met. Additionally, an
evaluation shall be performed that 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. Only residuals that are generated by the residuals source -generating facilities that are
identified as being exempt from this condition in the most recently -certified Attachment A shall not
be required to comply with the specified pathogen reduction and vector attraction reduction
requirements.
5. For residuals treatment and storage facilities, the following minimum setbacks shall be maintained
(all distances in feet):
i. Any habitable residence or place of public assembly under separate ownership: 100
ii. Any property line: 50
iii. Any private or public water supply source: 100
iv. Surface waters: 50
v. Any well with exception of monitoring wells: 100
6. When land applying .bulk class A residuals to any land application site, the following setbacks shall
be maintained (all distances in feet):
Liquid Cake
a. Any private or public water supply source: 100 100
ii. Surface waters: 100 25
iii. Surface water diversions: 25 0
iv. Groundwater lowering ditches: 25 0
v. Any well with exception of monitoring wells: 100 100
vi. Bedrock outcrops: 25 0
WQ0033709 Version 1.0 Shell Version 090204 Page 2 of 12
Unless others noted in Attachment A of this permit, "cake" residuals are residuals that have greater
than 15% solids by weight and can be stacked without flowing, and handled, transported and spread
as a solid (i.e., using a backhoe, front end loader, slinger spreader, broadcast spreader or other
equipment designed for handling solid materials) without leaving any significant liquid fraction
behind.
7. Bulk residuals and other sources of Plant Available Nitrogen (PAN) shall be land applied to all land
application sites at or below agronomic rates. Appropriate agronomic rates shall be calculated using
expected nitrogen requirements based on the Realistic Yield Expectations (RYE) for each approved
land application site. Realistic Yield Expectations for crop types and specific fields or soils types
shall be determined by using any of the following methods:
a. North Carolina Historical Data for specific crop and soil types as provided by North Carolina
State University Department of Soil Science. The Department webpage is located at:
http://nutrients.soil.ncsu.edu/yields/
b. Site Specific Historical Data for crop types on specific fields or soil types by calculating the mean
of the best three yields of the last five consecutive crop harvests for each field.
c. If the RYE cannot be determined using methods 8(a) or (b) above, RYE can be established from
specially developed soil interpretation records for Nutrient Management Planning, Farm Service
Agency Records, university trials, or inference from crop performance on soil with very similar
physical and chemical features.
d. Realistic Yields Expectations and acceptable nitrogen application rates that use the above
methodology are required parts of many agricultural planning documents. The Permittee may use
the RYE and appropriate agronomic rates reported in any of the following documents:
i. Crop management plan as outlined by the local Cooperative Extension Office, the North
Carolina Department of Agriculture and Consumer Services, the Natural Resource
Conservation Service, or other agronomist.
ii. Waste Utilization Plan as outlined by Senate Bili 1217 Interagency Group- Guidance
Document: Chapter 1. Guidance for the completion of the plan can be found at:
hllp://www,enr.state.nc.us/DSWC/ a esl idance docs.html.
iii. Certifier) Nutrient Management Plan as outlined by Natural Resources Conservation
Services (MRCS). These plans must meet the USDA-NRCS 590 Nutrient Management
Standards, which are available at:
ft :/l-fe.sc.e ov.usda. ov/NH / ractice-standards/standards/590. df
e. For any crop type for which the RYE and appropriate nitrogen application rate cannot be
determined, the Permittee shall contact the Division to determine necessary action.
If the land application sites are to be overseeded or doublecropped (e.g., bermuda grass in the summer
and rye grass in the winter with BOTH crops to receive residuals or corn and small grain both to
receive residuals), then the second crop shall receive an application of PAN at a rate of no greater
than 50 pounds per acre per year. This practice shall be allowed as long as the second crop is to be
harvested If the second crop is to be planted for erosion control only and is to be tilled into the soil,
then no residuals shall be land applied to these sites because the PAN will essentially be returned to
the soil.
Prior to application of PAN to permitted sites at rates exceeding the agronomic rate, the Permittee
must submit and receive approval by the Division..
WQ0033709 Version 1.0 Shell Version 090204 Page 3 of 121
The Permittee shall not distribute class A residuals that contain a high salt content (i.e., high sodium
adsorption ratio (SAR) of ten (10) or higher) without prior written approval from the Division. The
Permittee may seek approval by demonstrating program adjustments have been made to assure that
the person accepting the residuals is aware of the affects of the high salt content, the proper
application rates of the residuals, and any other operational considerations for proper application to
assure that the high salt content will not adversely impact the receiving sites.
10. The COMPLIANCE BOUNDARY for residuals land application programs is specified by regulations
in 15A NCAC 2L (i.e., "Groundwater Classifications and Standards"). The Compliance Boundary
for each land application site is established at either 250 feet from the residuals land application area
or 50 feet within the property boundary, whichever is closest to the residuals land application area.
Per 15A NCAC 2T .0105(h), upon the request by the Permittee the Compliance Boundary may be
located closer to the waste disposal area (provided the groundwater standards can be met at the newly
established Compliance Boundary). An exceedance of Groundwater Standards at or beyond the
Compliance Boundary is subject to remediation action according to 15A NCAC 2L .0106(d)(2) as
well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through
143-215.60.
11. The REVIEW BOUNDARY shall be established around each land application site midway between
the Compliance Boundary and the perimeter of the residuals land application area. Any exceedance
of Groundwater Quality Standards at the Review Boundary shall require action in accordance with
15A NCAC 2L.0 106 (d)(1).
III. OPERATION AND MAINTENANCE REOUIREMENTS
I. The class A residuals management program shall be effectively maintained and operated at all times
as a non -discharge system to prevent the discharge of any wastes resulting from the operation of this
program.. The Permittee shall maintain an Operation and Maintenance Plan pursuant to 15A NCAC
02T .1110 including operational functions, maintenance schedules, safety measures, and a spill
response plan.
2. In the event that the class A residuals management program is not operated satisfactorily, including
the creation of nuisance conditions due to improper operation and maintenance, the Permittee
immediately shall either cease land applying or cease distribution of residuals to the sites impacted,
In addition, the Permittee shall contact the Aquifer Protection Section of the appropriate Division's
regional office, and take any immediate corrective actions as may be required by the Division.
These action(s) do not prevent the Division from subsequently taking actions in response to the above
violation consistent with the condition of this permit, North Carolina Administrative Code rules,
regulations and the NC General Statutes.
3. The Permittee shall maintain an approved Operation and Maintenance Plan (O&M Plan) pursuant to
15A NCAC 02T .1110 including operational functions, maintenance schedules, inspection plan,
sampling and monitoring plan, safety measures, and a spill response plan.
a. The sampling and monitoring portion of the plan as well as any modification to the plan shall
be approved by the Division. Any changes to the O&M Plan shall be submitted to the Aquifer
Protection Central Office for review and approval. The approved O & M plan shall include the
following information:
i. Names and position of personnel responsible for conducting the sampling and
monitoring;
ii. Required sampling frequency specified in Attachment B of the permit;
WQ0033709 Version 1.0 Shell Version 090204 Page 4 of 12
iii. Description of sampling and monitoring procedures to gather representative sampling for
each sampling period. Note that fluctuation in temperature, flow, and other operating
conditions can affect the quality of the residuals. The sampling plan must account for
any foreseen fluctuations in residuals quality, and indicate sampling times accordingly to
ensure compliance during the most limiting times (e.g. small facilities that apply multiple
times per year, but have an annual sampling frequency may need to sample and document
compliance with the pathogen reduction requirements during winter months when
pathogen reduction is most likely to be negatively affected by cold temperatures).
4. A utilization agreement between the Permittee and the person or entity agreeing to accept and
distribute class A bulk residual shall be in place prior to acceptance of the bulk residual. The
agreement shall specify the responsibilities of the person or entity agreeing to accept and distribute
the class A bulk residuals. The utilization agreement shall be signed by both the Permittee or his
designee and the person responsible for application of the residuals. The utilization agreement shall
stipulate the following:
a. By agreeing to accept the bulk class A residuals it is recognized that the application of class A
residuals is allowed under the conditions of the agreement. The application of the class A
residuals is considered the beneficial reuse of a waste under 15A NCAC 02T .1100. The
application of the class A residuals to the land has been deemed permitted under 15A NCAC
.1103(4) provided the conditions of the agreement are met. Any action resulting in the damages
to surface waters or groundwater resulting or failure to follow the conditions of the agreement is
subject to enforcement action by the North Carolina Division of Water Quality;
b. The person or entity accepting the class A residual will to the best of their knowledge meet the
following application requirements:
i. Application of the bulk residuals will stop if it becomes known that the application
adversely affects a threatened or endangered species listed under section 4 of the
Endangered Species Act;
ii. Application of the bulls residuals shall not occur when the land is flooded, frozen, or
snow-covered or is otherwise in a condition such that runoff of the residuals would occur;
iii. Application of the bulk residuals shall not occur within the 100 -year flood elevation
unless the bulk residuals are injected or incorporated within a 24-hour period following
the residuals land application event. Flood elevations information is available at
httl.):i/www.ncfloodnlaps.colli/default swf.asp;
iv. Application of the bulk residuals shall not occur during a measurable precipitation event
(i.e., >.O I" per hour) or within 24 hours following a rainfall event of 0.5 inches or greater
in a 24-hour period;
v. Residuals stockpiled for more than 14 days shall be covered;
vi. Application of the bulk residuals shall not occur if the vertical separation of the seasonal
high water table and the depth of bulk residuals application is less than one foot;
vii. Application of the bulk residuals shall not occur if the vertical separation of the depth to
bedrock and the depth of residuals application is less than one foot;
viii. Application of bulk residuals shall not occur within 100 feet of a public or private water
supply source;
ix.. Application of bulk residuals shall not occur within 100 feet of any well with the
exception of monitoring wells;
x. Application of bulb residuals shall not occur within 25 feet of Surface waters.
WQ0033709 Version 1.0 Smell Version 090204 Page 5 of 12
c. The generator of the bulk residual shall provide information on the proper use of the residuals
including information on the nutrient quantities within the residuals and recommended
application rates. A copy of the label or inforanation sheet attached to bags or other containers or
residuals as specified in Condition H.10 will satisfy this condition;
d. The applicator or party receiving bulk residuals from the permittee shall supply all third parties
receiving bulk residuals with documentation specifying that application shall occur consistent
with the agreement;
e. Instructions, including contact information for key personnel, for the applicator or party receiving
bulk residuals in the event that requirements specified in the utilization agreement are not met;
f. A copy of the utilization agreement shall be maintained at the land application sites when bulk
residuals are being applied.
5. Upon classification of the Class A residuals management program by the Water Pollution Control
System. Operators Certification Commission (WPCSOCC), the Permittee shall designate a certified
land application/residuals operator to be in responsible charge (ORC) of the program. The operator
shall hold a certificate of the type classification assigned to the program by the WPCSOCC. The
Permittee shall also designate a certified back-up operator of the appropriate type to comply with the
conditions of 15A NCAC 8G.0201.
6. This permit shall become voidable and may be rescinded by the Division in the event of failure of the
facility and Class A residuals distribution program to adequately meet the conditions of this permit
and protect the assigned water quality standards of the surface waters and groundwater.
7. A copy of this permit or a signed copy of a utilization agreement shall be maintained in all manned
equipment at the land application sites when residuals are being land applied during the life of this
permit. A spill prevention and control plan shall be maintained in all residuals transport and
application vehicles.
8. Adequate provisions shall be taken to prevent wind erosion and surface runoff from conveying bulk
residuals from the land application sites onto adjacent properties or into any surface waters. Such
provisions shall be described and implemented in the operation plan required in Condition 111.2, and
may prescribe the use of use of erosion control devices, or a list of acceptable or unacceptable
conditions for application.
9. An education program shall be developed and implemented to inform employees and individuals
accepting the residuals of the proper use of residuals. Educational material shall be provided to all
individual accepting the residuals. The educational material may be included in the utilization
agreement required in Condition 111.4. All educational materials shall be made available to the
Division upon request.
10. All residuals shall be adequately stored to prevent leachate runoff until treated. The finished product
may be placed on a concrete pad, placed under shelter or covered until such time as it is distributed to
the buyer. 1f an alternate storage site is to be used, approval must be obtained from the Division.
11. 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 other containers 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.
WQ0033709 Version I.0 Shell Version 090204 Page 6 of 12
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, A statement that the residuals shall be applied at agronomic rates and recommended rates for
intended uses.
12. The Permittee shall not distribute class A bulk residuals to any person or entity known to be applying
residuals contrary to the condition of the signed utilization agreement.
13. Bulk residuals shall not be applied to the land under the following conditions:
a. If the residuals are likely to adversely affect a threatened or endangered species listed under
section 4 of the Endangered Species Act or its designated critical habitat;
b. If the application causes prolonged nuisance conditions;
c. If the land fails to assimilate the bulk residuals or the application causes the contravention of
surface water or groundwater standards;
d. If the land is flooded, frozen, or snow-covered or is otherwise in a condition such that runoff of
the residuals would occur;
e. Within the 100 -year flood elevation unless the bulk residuals are injected or incorporated within a
24-hour period following the residuals land application event;
f, During a measurable precipitation event (i.e., x.01" per hour) or within 24 hours following a
rainfall event of 0.5 inches or greater in a 24-hour period. Any emergency residuals land
application measures shall first be approved in writing by the Division;
g. If the slope for land is greater than 10 percent when bulk liquid residuals are surface applied, and
if the slope of the land is greater then 18 percent with bulk liquid residuals are injected or
incorporated;
h. If the land does not have an established vegetative cover in accordance with the crop management
plan outlined by the local Cooperative Extension Office, the Department of Agriculture and
Consumer Services, the Natural Resource Conservation Service, or other agronomist unless the
bulk residuals are incorporated within a 24-hour period following the residuals land application
event or injected;
i, If the vertical separation of the seasonal high water table and the depth of residuals application is
less than one foot;
j. If the vertical separation of the depth to bedrock and the depth of residuals application is less than
one foot;
14. This permit shall become voidable unless the agreements between the Permittee and the acceptor(s)
of the residuals are in full force and effect. These agreements shall expire 90 days after the permittee
is no longer able to store, handle, land apply or distribute residuals under this permit and shall be
renewed prior to the initial distribution event following the permit renewal for each. user.
15. Where the Permittee directly land applies bulk residuals to land, the Permittee shall supply the
landowner with documentation specifying that land application of the bulk residuals shall occur
consistent with this permit.
16. Where the Permittee distributes bulk residuals, the Permittee shall inform the receiver of the bulk
residuals of the Performance Standards and Operation and Maintenance Requirements specific to land
application of bulk residuals.
WQ0033709 Version 1.0 Shell Version 090204 Page 7 of 12
IV. 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. Residuals generated by each residuals source -generating facility listed in the most -recently -certified
Attachment A of this permit 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
on residuals generated by each residuals source -generating facility listed in the most recently -
certified Attachment A of this permit. The analyses shall be performed at the frequency specified in
the most recently -certified Attachment A of this permit, and the results shall be maintained on file by
the Permittee for a minimum of five years. If residuals generated by a particular residuals source -
generating facility are distributed or land applied at a frequency less than that which is specified in
the most recently -certified Attachment A of this permit, the analyses shall be required for each
residuals distribution and land application event. Only residuals that are generated by the residuals
source -generating facilities that are identified as being exempt from this condition in the most
recently -certified Attachment A of this permit shall not be required to comply with this monitoring
requirement.
If residuals generated by a particular residuals source -generating facility are insufficient to require a
land application or distribution events during a required sampling period as specified in the most
recently -certified Attachment A of this permit (e.g. no land application or distribution occurs during
an entire year when annual monitoring is required), no sampling data is required during the period of
inactivity. The Permittee shall submit an annual report, as required in condition IV. 9, even in the
event that no land application or distribution events occur during an entire year; the annual report
shall include an explanation for missing sampling data.
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 -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) (0.008)
Toxaphene (0.5)
Chloroform (6.0)
Hexachloro-1,3-butadiene (0.5)
Trichloroethylene (0.5)
Chromium (5.0)
Hexachloroethane (3.0)
2,4,5 -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 (Silvcx) (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)
WQ0033709 Version 1.0 Shell Version 090204 Page 8 of 12
After the residuals have been monitored as specified above for two years at the frequency specified in
the most recently -certified Attachment A of this permit, the Permittee may submit a request to the
Division for a permit modification to request a reduction of this monitoring requirement. In no case,
however, shall the frequency of monitoring be less than once per permit cycle.
An analysis shall be conducted on class A residuals product generated for distribution listed in
Attachment A. The analysis shall be performed at the frequency specified in the most recently
certified Attachment A of this permit, and the results shall be maintained on file by the Permittee for
a minimum of five years. The analysis shall include, but shall not necessarily be limited to, the
following parameters:
Aluminum
Magnesium
pH
Ammonia -Nitrogen
Mercury
Plant Available Nitrogen (by calculation)
Arsenic
Molybdenum
Selenium
Cadmium
Nickel
Sodium
Calcium
Nitrate -Nitrite Nitrogen
% Total Solids
Copper
Phosphorus
TKN
Lead
Potassium
Zinc
Sodium Adsorption
Ratio (SAR)
If residuals generated by a particular residuals source -generating facility are insufficient to require a
land application or distribution events during a required sampling period as specified in the most
recently -certified Attachment A of this permit, the Permittee shall make up the missed sampling
either by taming additional samples during land application events previous to a planned period of
inactivity or by taking additional samples during land application events immediately following the
period of inactivity. If no land application or distribution events occur during a complete calendar
year, the Permittee need not make up the missed sampling events for that year. The Permittee shall
submit an annual report, as required in condition IV. 9, even in the event that no land application or
distribution events occur during an entire year, the annual report shall include an explanation of
additional sampling data intended to compensate for periods of inactivity, or an explanation for
missing sampling data.
4. Residuals generated for distribution as listed in Attachment A shall be monitored for compliance with
Condition II. 4. The monitoring shall be performed at the frequency specified in the most recently -
certified Attachment A of this permit, and data to verify pathogen and vector attraction reduction of
the residuals shall be maintained on file by the Permittee for a minimum of five years. The required
data shall be specific to the stabilization process utilized, but also shall be sufficient to demonstrate
clear compliance with the Class A pathogen requirements and site restrictions in 15A NCAC 02T
.1106 (a) and (b), and one vector attraction reduction requirements in 15A NCAC 02T .1107 (a) shall
be met. In addition, the Environmental Protection Agency (EPA) certification statements concerning
compliance with pathogen reduction requirements, vector attraction reduction requirements, and
management practices shall be completed at the frequency specified in the most recently -certified
Attachment A of this permit by the proper authority or authorities, if more than one is involved (i.e.,
either the person who prepares the residuals, the person who derives the material, or the person who
applies the residuals). Only residuals that are generated by the residuals source -generating facilities
that are identified as being exempt from Condition U. 4. in the most recently -certified Attachment A
of this permit shall not be required to comply with this monitoring requirement.
5. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition N.
3., and Condition IV. 4., shall be performed/gathered on the residuals as they are to be distributed or
land applied.
WQ0033709 Version 1.0 Shell Version 090204 Page 9 of 12
6. Laboratory analyses of parameters as required by Condition IV. 1., Condition IV. 2., Condition IV.
3., and Condition IV. 4. shall be in accordance with 15A NCAC 02B .0505.
7. Proper records shall be maintained by the Permittee tracking all bulk residuals land application
events. These records shall include, but are not necessarily limited to, the following information:
a. Source of residuals accepted for treatment in residuals facility;
b. Amount of residuals accepted for treatment in residuals facility;
c. Source and amount of each amendment material used for treatment in residuals facility
d. Date of distribution;
e. Name and address of recipient of residuals;
f. Volume of residuals distributed to each recipient;
g. intended use of residuals.
8. All records required as part of this permit shall be retained a minimum of five years.
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 A lication Annual Re orcin
Forms. The most recent instructions for reporting and annual report forms are available on the Land
Application Unit website at http://h2o.enr.state.ne.us/lau/compliance.html, or can be obtained by
contacting the Land Application Unit directly. The annual repost shall be submitted to the following
address:
NCDENR-DWQ
Information Processing Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
10. Noncompliance Notification
The Permittee shall report by telephone to the Aquifer Protection Central Office, telephone number
(919) 733-3221, 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.
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.
For any emergency that requires immediate reporting (e.g., discharges to surface waters, imminent
failure of a storage structure, etc.) outside normal business hours must 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 (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.
WQ0033709 Version 1.0 Shell Version 090204 Page 10 of 12
V. INSPECTIONS
1. Adequate inspection and maintenance shall be provided by the Permittee to ensure proper operation
of the subject facilities.
2. Prior to each bulk residuals distribution event, the Permittee or his designee shall inspect the residuals
storage and transport, to prevent malfunctions and deterioration, operator errors, and discharges that
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 land application
sites or facilities 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.
V. GENERAL CONDITIONS
1. This permit shall become voidable unless the activities of the class A residuals management program
are carried out in accordance with the conditions of this permit, the supporting materials, and in the
manner approved by the Division.
2. This permit shall be effective only 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 2T .0105 (e).
5. The issuance of this permit does not exempt the Permittee from complying with any and all statutes,
rales, regulations, or ordinances, which may be imposed by other government agencies (local, state,
and federal) that have jurisdiction. 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, and any requirements pertaining to
wetlands under 15A NCAC 02B .0200 and 02H .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.
WQ0033709 Version 1.0 Shell Version 090204 Page 11 of 12
7. This permit shall not be automatically transferable. In the event that there is a desire for the class A
residuals management program to change ownership or to change the name of the Permittee, a formal
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 16`k day of March, 2009.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
YIeen I-J,�Zulliras, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQO033709
WQ0033709 Version 1.0 Shell Version 090204 Page 12 of 12
ATTACHMENT A - Approved Residual Sources
Permit Number: WQ0033709 Version: 1.0
Louisville and Jefferson County Metropolitan Sewer District
Certification Date: March 16, 2009
a Monitoring frequencies are based on the actual dry tons applied per year, unless specified. The Monitoring Frequency Requirements Table below shall be used
to determine appropriate sampling frequency. The Permittee is responsible for managing program to assure that adequate sampling is performed.
Monitoring Fre u ney Requirements
Dry Tons Generated
(short tons per year)
Monitoring Frequency
(Established in 40 CFR 503 and
15A NCAC 02T .1111
<319
l /Year
=>319 - <1,650
1/ Quarter 4 times per ear)
=X1,650 - <16,500
1160 Days (6 times per year)
Monitoring
1huonth (12 times per ear)
Maximum
Monitoring
Frequency for
County,
Source Permit
Dry Tons
Frequency for
Condition IV. 3. and
Approved
Owner
Facility Name
State
Number
Issued By
Is 503?
Per Year
Condition IV. 2.
Condition IV. 4.'
Mineralization Rate
Louisville and
Jefferson
Morris Foreman
Jefferson,
KYPDES
Kentucky
County
WWTP
Kentucky
0022411
Division
503
3I9
Annually
Annually
.20
Metropolitan
of Water
Sewer District
Total
318
a Monitoring frequencies are based on the actual dry tons applied per year, unless specified. The Monitoring Frequency Requirements Table below shall be used
to determine appropriate sampling frequency. The Permittee is responsible for managing program to assure that adequate sampling is performed.
Monitoring Fre u ney Requirements
Dry Tons Generated
(short tons per year)
Monitoring Frequency
(Established in 40 CFR 503 and
15A NCAC 02T .1111
<319
l /Year
=>319 - <1,650
1/ Quarter 4 times per ear)
=X1,650 - <16,500
1160 Days (6 times per year)
=X16,500
1huonth (12 times per ear)
WQ0033709 Version 1.0 ATACHMENT A Page 1 of I
MSD ENVIRONMENTAL MANAGEMENT SYSTEM
Element 10 — Quality Assurance Procedure for Louisville Green
Document Number: 10002-R4
Revision Date: 10/13/2008
Revision 4
Date/Time: 111612008; 4:18 PM
Approved by: Alex Novak
Purpose and Scope
The purpose of this procedure is to define the locations and frequency of sampling with regards to the
quality of Louisville Green. It also defines specifications derived from permits and licenses as well
as MSD internal warnings specifications. A summary of testing and reporting requirements is
included along with the protocol for how a situation is managed if pellets are found to be out of
specifications.
References
EMS Elements 1 thru 17
NBP Biosolids EMS Guidance Manual
NBP National Manual of Good Practice for Biosolids
EMS Core Team and EMS Coordinator
MSD's Executive Team
MSD's Morris Forman Laboratory
Responsibility
Procedure
This procedure has been developed to ensure that Morris Forman Wastewater Treatment Plant
(MFWWTP) consistently meets or exceeds all applicable environmental standards with regards to the
quality of Louisville Green. The procedure addresses sampling and monitoring of our process at the
MFWWTP, the collection system, permitted industries, and our finished product, Louisville Green.
This procedure defines specifications derived from permits and licenses as well as MSD internal
warnings specifications. A summary of testing and reporting requirements is also included along
with the protocol for how a situation is managed if pellets are found to be out of specifications.
RECEIVED r' DENR I DVV; --
Aquifer Prnfi-?rtihr gory LSE
NDI/ 12 2008
WADATMEMSTEMS Manuall4. Compliance E4 I0002 -Page i of
TABLE I - Sampling Locations and Frequency:
Location
Responsibility
Analyses & Frequency
MFWTP Influent
MF Staff
All regulated conventional pollutants and
metals - Daily
MFWTP Effluent
MF Staff
All regulated conventional pollutants — Daily;
Metals - 2 days/mo. actual
MFWTP Biosolids
MF Staff
All regulated biosolids metals — Daily;
Other "report only" parameters -- Monthly
3 Trunklines: Southwestern; ORI
IWD
Visual spotcheck - Daily.
line from Main Diversion
Conventional & metals - 2 days/mo. actual
Structure, and, Rubbertown
Force Main
Industries
IWD
EPA regulated pollutants and pollutants of
concern — Frequency varies (risk based)
Small Treatment Plants
STP
As per spreadsheets developed by RMS/Ops
Operations
grow ..
Exception Detection
A MF Laboratory representative runs an "Labworks Exception Report" for the West Region every
workday (Monday -Friday). The purpose of this report is to notify appropriate personnel of pollutant
concentrations that may affect the MFWTP effluent or biosolids duality. This report, which includes
the locations shown above, shows any exceedences of predefined "Upper Spec" and "Upper
Warning" values and any "Lowers Spec" or "Lower Warning" values since the previous report.
• Upper Spec values are set as the applicable permit limit or the receiving stream water quality
standard.
• Upper Warning values are set as 70% of the permit limit or water quality standard, with the
following exception: the Upper Warning limit for Arsenic in biosolids is set at 15 mg/kg; the
Upper Warning limit for Lead in biosolids is set at 150 mg/kg.
• Lower Spec values are the minimum values (with acceptable allowance figured in) guaranteed
under the Fertilizer permit.
• Lower warning values are set at the values stated on the fertilizer bag label.
The report is distributed electronically every workday (Monday -Friday) to key management,
operations; and IWD personnel.
WADATAIEMSIEMS Manuall4. Compliance E4 10002 -Page 2 of 5
TABLE 2: Upper Spec, Upper Warning, Lower Spec,
and Lower Warning levels for BIOSOLIDS
* NOTE: Federal Ceiling refers to the level that may NEVER be exceeded on any day's pellets that are released
for land application.
(1) Arsenic and Lead values are set as per DWM request in order to protect soil concentrations.
(2) Molybdenum only has a daily ceiling limit. Therefore, Upper Warning is 70% of daily limit.
(3) Guaranteed Minimum for Nitrogen is 60,000. But Dr. Terry says that a 0.37% variance is allowed.
Therefore, absolute lowest number that possibly be accepted is 46,300. THIS LIMIT APPLIES TO
AOAC ANALYSIS ONLY.
(4) Guaranteed Minimum for Nitrogen is 30,000. But Dr. Terry says that a 0.65% variance is allowed.
Therefore, absolute lowest number that possibly be accepted is 23,500. THIS LIMIT APPLIES TO
AOAC ANALYSIS ONLY.
RECEIVED 1 DENR I DVVQ
i-io,KGr {' �zn,fjn
WADATAIEMSIEMSManualA.Compliance E4 N0 V 12 ++0i)E 10002 -Page 3 of 5
PERMIT
MSD
LICENSE
MSD
INTERNAL
INTERNAL
PARAMETERS
WARNING:
WARNING:
for All Pellet Location Codes:
Federal
70% of
Guaranteed
Guaranteed
Ceiling Limit*
permitted
Minimum for
Minimum on
T278PEL, T278PEL1, T278PEL2,
(Pellets
Monthly
KY fertilizer
the fertilizer
T278PEL3, T2781PEL4
above this
Average
Permit (With
label
value
allowance
CANNOT be
factored in)
Land
Applied
Parameter
Unit
Upper Spec
Upper
Lower Spec
Lower
warning
for AOAC
warning for
analysis
AOAC
analysis
Nitrogen (TKN)
m9/Kgm9/Kg
46,300(3)
60,000 3
Phosphorous Available
mg/Kg
3,500(4)
30,000(4)
Calcium (Ca)
mg/Kg
Iron (Fe)
mg/Kg
Arsenic (As)
mg/Kgmg/Kg
75
15 (1)
Cadmium (Cd)
m9/Kgm9/Kg
85
7
Copper(Cu)
mg/K9mg/K9
4300
1050
Lead (Pb)
mg/Kg
840
150(l)
Mercury H
mg/Kgmg/Kg
57
11.9
Molybdenum (Mo)
mglKg mg/Kg
75
52.5(2)
Nickel (Ni)
mg/Kgmg/Kg
420
294
Selenium (Se)
mg/Kg
100
70
Zinc (Zn)
mg/Kg
7500
1960
* NOTE: Federal Ceiling refers to the level that may NEVER be exceeded on any day's pellets that are released
for land application.
(1) Arsenic and Lead values are set as per DWM request in order to protect soil concentrations.
(2) Molybdenum only has a daily ceiling limit. Therefore, Upper Warning is 70% of daily limit.
(3) Guaranteed Minimum for Nitrogen is 60,000. But Dr. Terry says that a 0.37% variance is allowed.
Therefore, absolute lowest number that possibly be accepted is 46,300. THIS LIMIT APPLIES TO
AOAC ANALYSIS ONLY.
(4) Guaranteed Minimum for Nitrogen is 30,000. But Dr. Terry says that a 0.65% variance is allowed.
Therefore, absolute lowest number that possibly be accepted is 23,500. THIS LIMIT APPLIES TO
AOAC ANALYSIS ONLY.
RECEIVED 1 DENR I DVVQ
i-io,KGr {' �zn,fjn
WADATAIEMSIEMSManualA.Compliance E4 N0 V 12 ++0i)E 10002 -Page 3 of 5
TABLE 3 - SUMMARY OF BIOSOLIDS TESTING/REPORTING REQUIREMENTS
I
KY CRITERIA
EPA CRITERIA
Required
Frequency
TEST SERIES
UNITS
MO.
AVE.
REQUIRED
FREQUENCY
EQ
MO.
AVE.
TABLE 3
(503.13)
CEILING
ABSOLUTE
MAX
(DAILY)
TABLE 1
603.13
REQUIRED
FREQUENCY
PER TABLE 1
(503.13)
MSD
FREQUENCY
TCLP
mg/KG
non-
haz.
once
None
-
-
MONTHLY
PCBs
mg/KG
1
month)
None
-
-
MONTHLY
As
mg/Kg
-
monthly
41
75
monthly
DAILY
Cd
mg/Kg mg/Kg
10
monthly
39
85
monthly
DAILY
Cr
mg/Kg mg/Kg
report
month)
-
-
-
DAILY
Cu
mg/Kg
450*
monthly
1`500
4300
monthly
DAILY
Pb
mg/Kg mg/Kg
2.50
monthly
300
840
monthly
DAILY
Hg
mg/Kgmg/Kg
Pyrene
mg/Kg mg/Kg
17
57
monthly
DAILY
Mo
m l
-
-
-
75
monthly
DAILY
Ni
m 1K
50*
monthly
420
420
monthly
DAILY
Se
mg/Kg
-
-
70
100
monthly
DAILY
Zn
mg/Kg mg/Kg
90.0*
monthly.2800
75.00
monthly
DAILY
H
SU
report
month)
-
-
-
MONTHLY
Total Solids
Content
%
report
monthly
-
-
-
DAILY
Volatile Solids
Content
%
report
monthly
-
-
-
DAILY
Total Phosphorus
mg/Kg mg/Kg
report
monthly
-
-
-
DAILY
Total Potassium
m IK
report
monthly
-
-
-
DAILY
TKN
mglKg
report
monthly
-
-
-
DAILY
Ammonium
Nitrogen
mg/Kg
report
monthly
-
-
-
DAILY
Nitrate Nitrogen
mg/Kg mg/Kg
report
monthly
-
-
-
MONTHLY
Volume
tons
15*
-
-
-
-
Fecal coliform
MPN/g
dry
none
-
1000
-
monthly
MONTHLY
Other parameters recommended by DWM:
Limiting criteria for parameters shown in shaded boxes. *Note: Variance granted for Copper, Nickel, Zinc & Volume.
(1) Radionuclides and Dioxins are not required but were analyzed in the past. No concerns were found.
W ADATAIEMSIEMS Manua114_ Compliance E4 10002 -Page 4 of 5
Reporting
Requirement
Required
Frequency
MSD
Frequency
Acetone
mg/Kg mg/Kg
none
none
annual
Anthracene
mg/Kg mg/Kg
none
none
annual
Barium
mg/Kg mg/Kg
none
none
annual
Beryllium
mg/Kg mg/Kg
none
none
annual
Carbon disulfide
mg/Kg mg/Kg
none
none
annual
4-chloroaniline
mg/Kg mg/Kg
none
none
annual
Diazinon
mg/Kg mg/Kg
none
none
annual
Fluoranthene
mg/Kg mg/Kg
none
none
annual
Manganese
mg/Kg mg/Kg
none
none
annual
Methyl ethyl ketone
mg/Kg mg/Kg
none
none
annual
Nitrate
rng/Kg
none
none
annual
Nitrite
mg/Kg mg/Kg
none
none
annual
Phenol
mg/Kg mg/Kg
none
none
annual
Pyrene
mg/Kg mg/Kg
none
none
annual
Silver
m IK
none
none
annual
Limiting criteria for parameters shown in shaded boxes. *Note: Variance granted for Copper, Nickel, Zinc & Volume.
(1) Radionuclides and Dioxins are not required but were analyzed in the past. No concerns were found.
W ADATAIEMSIEMS Manua114_ Compliance E4 10002 -Page 4 of 5
Louisville Green Quality Protocol
This procedure is designed to prevent the land application of MFWTP pelletized biosolids that do not
meet the limits specified in MSD's permit with Kentucky DWM or the EPA Rule 503.
• Dryer Operator on "A" Shift collects sample of pellets and delivers to MF Lab by 6:00 am each
day (7 days per week).
• MF Laboratory analyzes the pellets for all parameters as specified by permit and other
requirements at frequencies specified on TABLE 3.
• After analysis is complete, analytical results are entered into LIMS.
• LIMS is set up with Upper Warning and Upper Spec limits which are based on State and Federal
regulatory limits. LIMS will automatically indicate if the product analysis exceeds either the
Upper Warning or Upper Spec levels. The MSD Lab sends a "Pellets Data" email report to the
EMS Core Team (and several laboratory staff personnel):
- For samples collected Tuesday — Friday: The Pellets Data email is typically sent the same day
that the sample was collected.
- For samples collected Saturday _- Monday: The Pellets Data email is typically sent on
Monday afternoon_
• An "Exception Report" is also sent to the EMS Core Team by Laboratory Staff, typically the next
day after the Pellets Data email.
• If an analytical result exceeds the an Unser Warning level, but is still within the Upper Spec
range, then the pollutant is considered a Pollutant of Concern. The EMS Core Team monitors
Pollutants of Concern closely until they are out of the level of concern. IWD might be informed
of the situation to see if they have input regarding the source of the pollutant. No other actions
are necessarily taken at this level.
• If 'an analytical result exceeds an Upper Spec level, the MSD laborartory staff sends out a
group page to the EMS Core Team. A member of the EMS Core Team would notify the process
supervisors to not let any trucks load product from the silo(s) with the "out of spec" product for
land application until the product is determined to be back "in spec". The Core Team would
formulate an action plan that may include additional testing at points in the process, cleaning out
the process, and/or sending the out of spec product to landfill.
If any of the product which exceeds out of state and federal limits has already been distributed,
the EMS Core Team would investigate to determine how many different people received it and in
what quantities. Each individual would then be contacted, and an investigation including testing
of the material they received and determining whether they have it in storage or if it has already
been land applied. If land applied, MSD would notify the proper authorities of the situation and
make whatever accommodations necessary to rectify the situation.
• LIMS analytical data results are manually entered into the Pellet Data Spreadsheet by the EMS
Coordinator. The spreadsheet is used in managing the data, creating trend charts used for quality
surveillance, and producing a 5 -month rolling average which is posted on the LG Website.
Note: In addition to the procedure above, MF Influent data is also entered into LIMS. Upper
Warning and Upper Spec levels are established to provide a warning system to the laboratory staff
and EMS Core Team that higher than usual levels of one or more regulated metals are entering
the plant. Exceedances of the Upper Warning and Upper , ve s are reported in the Exception
Report: RE��
�,grlif�r pi'ntectinr� Sectipx'=
WADATAlEMS1EMS Manuall4. Compliance E4 Nov MV. 10002 -Page 5 of 5