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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