BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PETITION OF AMEREN ENERGY
GENERATING COMPANY FOR ADJUSTED
STANDARDS FROM 35 ILL. ADM. CODE
PARTS 811, 814, AND 815
)
)
)
)
)
)
PCB 09-01
(Adjusted Standard - Land)
NOTICE OF FILING
To:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
James R. Thompson Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
Carol Webb, Hearing Officer
Illinois Pollution Control Board
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9274
William Ingersoll
Illinois Environmental Protection Agency
Division
of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
Kyle Davis
Illinois Environmental Protection Agency
Division
of Legal Counsel
1021 North Grand Avenue, East
P.O. Box 19276
Springfield, Illinois 62794-9276
PLEASE TAKE NOTICE that I have today electronically filed with the Office
of the
Clerk
of the Pollution Control Board
AMEREN'S STATEMENT OF AUTHORITY FOR
REQUESTED RELIEF,
a copy
of which is herewith served upon you.
Ameren Energy Generating Company
By:
~~
~
Amy Antoniolli
Dated:
October~,
2008
Amy Antoniolli
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Electronic Filing - Received, Clerk's Office, October 16, 2008
CERTIFICATE OF SERVICE
I, the undersigned, certify that on this 16th day of October, 2008, I have served
electronically the attached,
AMEREN'S STATEMENT OF AUTHORITY FOR
REQUESTED RELIEF,
upon the Illinois Pollution Control Board and the Illinois
Environmental Protection Agency as the parties are identified in the Notice
of Filing.
Amy Antoniolli
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Electronic Filing - Received, Clerk's Office, October 16, 2008
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
PETITION
OF AMEREN ENERGY
GENERATING COMPANY FOR ADJUSTED
STANDARDS FROM
35 ILL. ADM. CODE
PARTS 811, 814, AND 815
)
)
)
)
)
)
AS 09-01
(Adjusted Standard
- Land)
AMEREN'S STATEMENT OF AUTHORITY FOR REQUESTED RELIEF
I.
INTRODUCTION
On August 11, 2008, Ameren Energy Generating Company ("Ameren" or "the
Company"), by and through its attorneys, Schiff Hardin, LLP, and pursuant
to Section 28.1 of
the Environmental Protection Act, 415 ILSC 5/28.1 (the "Act"), and 35
Ill.
Adm. Code 104,
petitioned the Illinois Pollution Control Board (the "Board") for adjusted standards from certain
solid waste landfill standards set forth in
35 Ill. Adm. Code Parts 811, 814, and 815 as those
Parts apply
to closure of a former ash impoundment located at the Hutsonville Power Station (the
"Facility" or "Station").
On September
16, 2008, the Board accepted Ameren's petition. In the same order, the
Board requested both Ameren and the Agency to file within 30 days
of the date of the September
16 order, a document addressing three points: (1) the authority for applying the Board's landfill
regulations
to Pond D; (2) whether any of Ameren's applicable permits address requirements for
closure
of Pond D; and (3) whether a site-specific rule would perhaps be a more appropriate
regulatory relief mechanism through which
to define the closure requirements applicable to Pond
D.
A.
Background
Pond D was constructed as a surface impoundment in 1968. Ameren or its predecessor
operated Pond D
as a water pollution treatment facility and, while it operated, Pond D received
Electronic Filing - Received, Clerk's Office, October 16, 2008
only coal combustion by-products generated at the Station.! Pond D began receiving coal
combustion by-products long before September
18, 1990, the effective date of the landfill
regulations.
35 Ill. Adm. Code Part 810; Development, Operating and Reporting Requirements
for Non-Hazardous Waste Landfills, R88-7 (Aug.
17, 1990). Pond D was permitted as a water
pollution treatment facility during most
of its life, but no solid waste disposal permit under
Section 21(d)
of the Act was ever required. 415 ILCS 5/21(d) (2006); 35 Ill. Adm. Code
810.103;
see
In re: Conversion Systems, Inc., PCB AS 93-4, slip op. at 1, fn. 3 (Aug. 26, 1993)
("the definition
of landfill in the Board's landfill regulations presently does not include the
surface impoundments commonly used by utilities for disposal"). The pond no longer receives
coal combustion by-products and has since been dewatered.
Ameren's petition for adjusted standards from the landfill regulations was prepared after
years
of discussion between Ameren and the Illinois Environmental Protection Agency about the
proper vehicle
to close Pond D. Ameren and its predecessors have long held that neither the
Illinois Environmental Protection Act ("Act") nor the Board's regulations provide explicit
authority for how pre-existing ash ponds like Pond D must be regulated
at closure. Because
these pre-existing ash ponds were designed, developed and operated before the promulgation
of
the existing landfill standards, application of these standards to these units proves unwieldy and
ineffectual,
as Ameren has argued in its petition.
Nevertheless, Ameren has pursued relief in the form
of an adjusted standard from the
landfill regulations, because the Agency believes it the proper mechanism for pursuing closure
of
Pond D. Ameren, however, agrees that the lack of authority for applying the landfill regulations
! For the purposes
of this response, Ameren will refer to ash ponds constructed before the
effective date
of the landfill regulations and receiving only on-site coal combustion wastes as
"pre-existing ash ponds."
2
Electronic Filing - Received, Clerk's Office, October 16, 2008
to these types of units brings into question the appropriateness of a petition for adjusted
standards from the landfill regulations. Further, Ameren supports the idea that a site-specific
rulemaking amending the water pollution regulations is a more appropriate solution. Ameren
contends that a site-specific rulemaking regulating the closure
of Pond D should amend the water
pollution permit requirements, yet incorporate concepts applicable to in-place closures, such as
groundwater monitoring and a closure plan.
Pond 0 is not unique. Ameren or its affiliated generating companies own seven other
facilities in Illinois with ash impoundments - many
of which were designed, developed, and
operated prior to the promulgation of the landfill regulations - that will require closure upon
reaching capacity, currently estimated to be within the next five to seven years. Therefore, the
way in which Ameren executes the closure of Pond 0 will likely serve as an example for the
closure of other similarly-situated ash ponds in the future.
In addition to explaining why it believes there is no statutory or regulatory authority for
applying the landfill regulations to Pond D, below Ameren outlines what it views as basic
generally-applicable requirements for closing pre-existing ash ponds, followed
by considerations
specific to Pond
D.
II.
THERE EXISTS NO STATUTORY OR REGULATORY AUTHORITY FOR
APPLYING LANDFILL REGULATIONS TO POND D
There is no statutory or regulatory authority requiring that ash ponds must be regulated
under the Illinois landfill regulations at closure. Further, Ameren is aware of no Agency-issued
guidance requiring such an application of the regulations.
Both the Board and the Agency are creatures
of statute and have only the powers given to
them by the Act. Granite City Division
of Nat. Steel Co. v. IPCB (Granite City Steel), 155
Ill.
2d 149, 171 (1993);
citing
Bio-Medical Laboratories, Inc v. Trainor, 68 III 2d 540, 551, 370
3
Electronic Filing - Received, Clerk's Office, October 16, 2008
N.E.2d 223 (1977). The Act gives the Board the authority to "determine, define and implement
the environmental control standards applicable in the State
of Illinois and may adopt rules and
regulations
...." 415 ILCS 5/5 (2006). The Act gives the Agency the "authority to,
inter alia,
enforce the Board regulations and administer permit systems established by the Act or Board
regulations." Granite City Steel,
at 155; 415 ILCS 5/4 (2006). As discussed in more detail
below, the Board has not adopted rules that would regulate pre-existing ash ponds under the
landfill regulations.
A.
The Landfill Regulations
Whether utility ash ponds would be regulated under the landfill regulations has been
unclear since the time the landfill regulations were initially proposed.
In the rulemaking
establishing the non-hazardous solid waste landfill regulations, the Board's Scientific/Technical
Section ("STS") staff, together with consultants, addressed and responded
to comments received
on each section
of the proposal. Nonhazardous Solid Waste Landfill Regulations ("Landfill
Regulations"), R88-7, Response
to Comments on Proposed Parts 807 through 815 ("STS
Response") (Mar.
13, 1990).
In R88-7, the Board was faced with the question of whether to regulate ash ponds under
the landfill regulations by specifically including them in the definition
of "landfill." Members of
Illinois utilities, including Commonwealth Edison, Central Illinois Public Service Co., Central
Illinois Light Co., Illinois Power Co., and City Water Light and Power, submitted a public
comment asking whether ash ponds would be exempt from the landfill regulations. Landfill
Regulations, STS Response at 16-17.
In another public comment, the Agency queried why the
definition
of "land application unit" references 35 Ill. Adm. Code 309. The Agency also asked
how a land treatment unit would be distinguished from a landfill under the proposed regulations
4
Electronic Filing - Received, Clerk's Office, October 16, 2008
and requested that the Board provide a distinction between the two terms. Landfill Regulations,
STS Response at
17.
The STS addressed both comments in one response. The STS stated that ash ponds that
accumulate solids
at the site of treatment are considered land treatment units. The STS opined
that
if the ash ponds are used for disposal and the disposal threatens groundwater, "then they
may
need to be redefined as a landfill." Landfill Regulations, STS Response at 17 (emphasis added).
The STS further stated that the reference
to Part 309, the water permitting regulations, was only
intended to indicate that these units might require discharge permits, but that it could be deleted
from the regulations.
The STS recommended that the Board amend the definitions in one
of two ways: (1)
include land treatment units ("LTUs") in the definition of landfill and make them subject, at a
minimum,
to the landfill groundwater protection standards; or (2) explicitly exclude LTUs from
the definition
of a landfill. The Board's STS recognized "that the original intent and scope of the
regulations in R88-7 might be changed
if LTUs, used for disposal, are included in the definition
for 'landfill' since the standards being proposed pertain only to 'landfills.
'"
Landfill
Regulations, STS Response
at 18 (emphasis in original).
The Board ultimately chose not
to include ash ponds in the definition of landfill. At the
same time, the Board defined "land application unit," which the STS explained included ash
ponds, in a way that referenced Part 309, the water pollution permit requirements. Landfill
Regulations, STS Response
at 17.
B.
The Utility Group Amendments
5
Electronic Filing - Received, Clerk's Office, October 16, 2008
In 1990, six coal-fired electric generating companies
In
Illinois, the Utility Group,2
jointly proposed amendments
to the landfill regulations that would apply to facilities receiving
coal combustion wastes generated
by electric utilities. Amendments to the Development,
Operating and Reporting Requirements for Non-Hazardous Waste Landfills:
35 Ill. Adm. Code
811 (Utility Group Amendments), R90-25 (Nov. 29. 1990). The proposal would have modified
Part
811 to cover industrial solid waste facilities, including ash ponds. The proponents attempted
to include existing ash ponds under the amendments, and at one point during its evolution, R90-
25 would have applied to all existing as well as new ash ponds, ash landfills, and commercial
facilities
if those facilities only accepted wastes from electric utilities.
Jd.,
May 20, 1991 Tr. at
32,40.
3
Because the Utility Group Amendments would have applied to all new and existing ash
ponds, the proposal differed greatly in scope from the types
of units Ameren describes in this
response: pre-existing ash ponds.
As the rulemaking progressed, however, the Utility Group recognized that the Board had
explicitly excluded surface impoundments from the landfill regulations.
Utility Group
Amendments, R90-25, Jan. 27, 1992 Tr. at
28 ("That question was asked several times in several
ways, and the answer always carne back consistently, that is, that the present landfill proposals
exempt impoundments, including ash ponds."). Even the Board noted "we decided [in R88-7
that] because
of the huge size and interrelationships of all of the various facets of those
regulations not
to take on anything more at that point ...."
Jd.,
May 20, 1991 Tr. at 207.
2 The Utility Group included Central Illinois Light Company, Central Illinois Public
Service, City, Water, Light
&
Power, Commonwealth Edison, Illinois Power Company, and
Electric Energy Company.
3 Records of rulemaking transcripts will be cited to as "Tr. at _."
6
Electronic Filing - Received, Clerk's Office, October 16, 2008
The Utility Group Amendments ultimately excluded existing ash ponds from their
proposal, finding that "[t]he inclusion
of existing ash ponds at closure was just simply
unworkable." Utility Group Amendments, R90-25, January 27,1992 Tr. at
19.
C.
The
Agency's
Policy Cannot Substitute for the Board's Authority to Determine,
Define, and Implement the Environmental Control Standards Applicable in Illinois
The Agency itself has changed policy over the years on how it addresses the closure
of
pre-existing ash ponds. In 1989, Illinois Power Company (now, Dynegy Midwest Generation)
and the Agency entered into a consent decree regarding the operation, maintenance, and closure
of its ash ponds at the Havana, Hennepin and Wood River power stations.
See
the Illinois Power
Consent Decree, attached
as Exhibit 1. The compliance program requires closure of the ash
ponds in accordance with certain criteria
to be handled by the Bureau of Water.
See
Exhibit 1,
January 3, 1996 Order Modifying Consent Decree. Since the consent decree was entered, and
despite the Board's exclusion
of ash ponds from the landfill regulations in 1990, the Agency now
maintains that ash ponds must be closed under the landfill regulations.
The Agency's position, indeed whichever position it takes,
IS an exercise of policy-
making that has not had the benefit
of statewide participation.
Ameren's petition for adjusted standards is derived from many years
of communications
with the Agency regarding the closure
of Pond D. Documentation of meetings from as early as
2001 show that Ameren and the Agency have met on several occasions to discuss the
applicability
of the landfill regulations to Pond D and a strategy for pursuing closure of Pond D
in the form
of adjusted standards from those regulations.
See
Exhibit 2.
The landfill regulations, however, do not easily or obviously apply to the closure
of Pond
D, as is evident by the magnitude
of relief necessary to facilitate closure and the Board's
September
16, 2008 order questioning their applicability. Therefore, in the absence of specific
7
Electronic Filing - Received, Clerk's Office, October 16, 2008
statutory or regulatory authority, Ameren asks the Board to determine the appropriate
environmental standards applicable to Pond
D.
III.
NO APPLICABLE PERMIT PROVIDES CLOSURE REQUIREMENTS FOR
PONDD
Neither the most recently applicable National Pollutant Discharge Elimination System
(NPDES) permit, nor the current 35 Ill. Adm. Code Part 309, Subpart B State Operating Permit
provide instruction on how to close Pond
D.
See
Exhibits 3 and 4, respectively.
IV.
A SITE-SPECIFIC RULEMAKING IS A MORE APPROPRIATE FORM OF
REGULATORY RELIEF FOR POND D
A.
A Site-Specific Rulemaking for the Closure
of Pond D Should Amend the Part 309
Water Pollution Permit Requirements
As mentioned above, Pond D has been constructed, operated, and managed subject to
both an NPDES and Subpart B permits for much
of its lifetime. Accordingly, Ameren believes a
site-specific rulemaking for the closure of Pond D would logically amend Part 309 of the Water
Pollution regulations regarding permits. The Illinois Power Consent Decree shows the Agency's
Bureau of Water has accepted authority to close pre-existing ash ponds in the past. Exhibit 1.
In addition, other states, for example North Carolina and Ohio, prescribe the closure of
ash ponds under the State's water pollution regulations. In North Carolina, impoundments are
excluded from State solid waste regulations and are instead administered
by the Division of
Water Quality and governed by water quality regulations.
See
the North Carolina General
Statutes, G.S. 143-215.1, attached as Exhibit 5. As of 2006, the North Carolina water quality
regulations now have specific design, operating, groundwater monitoring, and closure
requirements for ash ponds.
See
the North Carolina regulations, 15A NCAC 2T Section .1100,
attached as Exhibit
6. Guidance regarding the closure of surface impoundments states that the
8
Electronic Filing - Received, Clerk's Office, October 16, 2008
Department of Environment
&
Natural Resources requires field information, including a waste
characterization through sampling, and a closure plan prior to closure.
See
Exhibit 7.
Ohio exempts ash from the burning of primarily coal from solid waste regulation.
See
the
Ohio Administrative Code, OAC 3745-27-01(S)(23), included in Exhibit
8. Currently in Ohio,
the creation and closure
of ash ponds is regulated through a permit to install with the Division of
Surface Water.
See
relevant sections of the Ohio Revised Code and Administrative Code
included in Exhibit
8. During their operation, the ponds are regulated with an NPDES permit for
their outfall, where applicable.
B.
General Requirements for the Closure of Pre-Existing
Ash
Ponds
All pre-existing ash ponds share certain qualities that must be addressed in closure
requirements. This section IY.B sets forth a general outline
of rules specifying methodology and
technical criteria essential
to appropriately close such units in a way that protects human health
and the environment. Then, in section IY.C below, Ameren discusses additional criteria that
might apply specifically
to the closure of Hutsonville's Pond D.
1)
Scope of Regulation and Definition of Ash Pond - A definition of the facilities (i.e.
wastewater ponds) subject
to closure under this regulation that includes both the date of
construction and a closure deadline. The definition may include a discussion of how the
units were permitted and managed during their lifetime.
2)
Groundwater Quality Standards
- The rule would require compliance with the Part 620
Groundwater Quality Standards at the edge
of the zone of attenuation.
3)
Zone of Attenuation (ZOA) - The rule should establish a ZOA at the edge of which the
ash pond should meet applicable groundwater quality standards. Within the ZOA, a
violation
of a groundwater quality standard, detected by groundwater monitoring and
confirmed by a statistical analysis, would lead
to remediation in the event it threatened
drinking water or caused or threatened a violation
of a groundwater quality standard at
the edge
of the ZOA.
4)
Closure Plan
- A closure plan would be submitted to the Agency for approval. The
closure would include the following:
9
Electronic Filing - Received, Clerk's Office, October 16, 2008
a)
Final Cover System
- The pond shall be covered by a final cover consisting of a
low-penneability layer overlain by a final protective layer constructed in
accordance with specific requirements, or an alternative cover
if closure modeling
can demonstrate that it is capable
of meeting groundwater quality standards. This
section might include criteria
on protective layer thickness, final slopes, and
stabilization.
b)
Hydrogeologic Site Investigation
- An investigation must be conducted to
develop hydrogeologic infonnation for the following uses:
i)
Characterize whether or not there are groundwater impacts attributable to
the facility;
ii)
Provide infonnation
to establish a groundwater monitoring system; and
iii)
Provide infonnation to perfonn closure modeling,
if necessary.
c)
Closure Modeling
- If groundwater quality impacts are attributable to the facility,
perfonn modeling
to test the effectiveness of closure alternatives on downgradient
groundwater quality.
If closure and capping alone is not sufficient to achieve
groundwater quality standards, then this modeling will also be used to evaluate
remedial options beyond dewatering and capping.
d)
Groundwater Monitoring Program
- Requirements as to the design, construction
and operation
of a groundwater monitoring program.
e)
Impact Abatement and Corrective Action Plan
- As may be required based on the
Closure Modeling. A Corrective Action Plan may include a groundwater
management zone similar
to the Part 620 regulations to achieve compliance.
5)
Reporting Requirements - As may be required.
6)
Post Closure Obligations - Regulations regarding removal
of ancillary equipment,
structures, and wastes, and criteria for maintenance and inspection
of the final cover
system.
C.
Requirements Specific to the Closure of Pond D
A site-specific regulation must take into consideration the unique aspects of Pond D,
many
of which have been set forth in the Petition for Adjusted Standards. A site-specific rule
applicable
to Pond D would include the cover system as set forth in the Petition, Exhibit 10, and
the groundwater monitoring plan as provided
in the Petition, Exhibit 11. Further, the rule should
define a temporary zone
of attenuation appropriate for a pre-existing pond such as Pond D. The
10
Electronic Filing - Received, Clerk's Office, October 16, 2008
site-specific rule could also require submittal of a closure plan to the Agency that shows how
Ameren will meet groundwater quality standards
at the edge of the temporary zone of
attenuation. The petition contains several technically unique aspects that could easily be adapted
into a site-specific rule.
V.
CONCLUSION
As the regulations show, and prior rulemaking testimony supports, there is no statutory or
regulatory authority for applying the landfill regulations
to Pond D. The Agency's opinion is the
only authority for applying the landfill regulations
to Pond D at closure. Ameren respectfully
disagrees that pursuing adjusted standards from the landfill regulations
is the proper form of
relief and instead asks the Board to determine whether seeking a site-specific rulemaking from
the water pollution permit requirements
is a more appropriate solution. Ameren believes that
unique circumstances apply
to pre-existing ash ponds like Pond D that were constructed and
operated well before the existence
of the landfill regulations. Pond D is an unlined on-site utility
ash pond used to treat exclusively coal combustion waste during its lifetime. The requirements
for its in-place closure should logically fall under the water pollution regulations with specific
references
to certain regulations governing the closure of waste disposal sites such as
groundwater monitoring and an appropriate closure plan.
11
Electronic Filing - Received, Clerk's Office, October 16, 2008
Accordingly. for the reasons set forth above, Petitioner AMEREN ENERGY
GENERATING COMPANY, respectfully requests the Board to find that a site-specific
regulation amending the water pollution regulations
is the appropriate form of relief for the
closure
of Pond D.
Respectfully submitted,
AMEREN ENERGY GENERATING
COMPANY,
Dated: October
I{P
,2008
Amy Antoniolli
SCHIFF HARDIN, LLP
6600 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
312-258-5500
Fax: 312-258-2600
aantoniolli@schiffhardin.com
by:
~.
~
One ofIts Attorneys
12
Electronic Filing - Received, Clerk's Office, October 16, 2008
EXHIBIT LIST
1.
Exhibit I-Illinois Power Consent Decree
2.
Exhibit 2-Records of Meetings with IEPA
3.
Exhibit 3-NPDES Pennit
4.
Exhibit 4-Subpart B Pennit
5.
Exhibit 5-North Carolina General Statute: G.S. 143-215.1
6.
Exhibit 6-North Carolina Administrative Code: 15A NCAC 2T .1100
7.
Exhibit 7-North Carolina Guidance
8.
Exhibit 8-Relevant Sections of Ohio Revised Code and Ohio Administrative Code
Electronic Filing - Received, Clerk's Office, October 16, 2008
Exhibit 1
Illinois Power Consent Decree
Electronic Filing - Received, Clerk's Office, October 16, 2008
UI
TH~
CIRCUIT COURT
Ot
TIlE C:IGr.TH JUOICiAl CIRCUIT
MASON
COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff,
- vs-
ILLINOIS POWER COMPANY,
an Illinois corporation,
Defendant.
CONSENT ORDER
Plaintiffs, PEOPLE OF THE STATE OF ILLINOIS by their attorney, Neil F.
Hartigan, Attorney General of the State of I11inois, and defendant, Illinois
Po ..... er Company (hereinafter referred to as HIP"), an Illinois corporation, have
agreed to the making of this Consent Order. The stipulated facts herein shaii
be the findings of fact by this Court.
1.
STIPULATION OF USE AND AUTHORIZATION
The parties stipulate that this Consent Order is entered into for the
purposes
of settlement only and that neither the fact that a party has entered
into
this Consent Order nor any of the
f~cts
stipulated herein shall be used
for any purpose in this or any other proceeding except to enforce the terms
hereof
by
the parties to this agreement. The undersigned representative for
each
part~
certifies that he is fully authorized by the party whom he
represents to enter into the terms and conditions of this Consent Order and to
legally bind the party he represents to the Consent Order.
_-----1-------
Attachment 1
Electronic Filing - Received, Clerk's Office, October 16, 2008
I!.
STATEHENT OF FACTS
A.
PARTIES
I.
Nell F. Hartigan, the Attorney General of the State of IllInois, on
behalf of the People of the State of III inois and the Illinois Environmental
Protection Agency (hereinafter referred to as the "Agency"), brings this
actIon pursuant to the statutory authority vested in him under Section 42(e)
of the IllInois Environmental Protection Act (hereinafter referred to as
t~e
"Act"), Ill. Rev. Stat, 1987, ch, III l/Z, para. 104Z(e).
2.
The Agency is an agency of the State
of
11 I inois created pursuant to
Section
4
of the Act, Ill. Rev. Stat. 1987, ch. 111112, para. 1004, and Is
charged,
inter alia, .... Ith the duty of enForcing the Act and issuing National
Pollutant Discharge Elimination System ("NPDES") Permits.
3.
Defendant, IP, at all times pertinent hereto, has been and Is now an
Illinois corporatIon duly licensed to transact business in the State of
Illinois, and is transacting business in Hason County, Illinois.
B.
FACILITIES DESCRIPTION
IP, at all times pertinent hereto, has owned and operated certain
coal-fired steam electric generating stations which, inter .11 ia, are located
at or near Havana, Illinois, In Mason County; Hennepin, Illinois, in Putnam
County; and
East Alton, Illinois, in Madison County.
1,
Havana
Power Station
a.
The Havana Power Station (hereinafter referred to as "Havana")
Is a
645
~~t
megawatt coal and 01 I-fired steam electric generating station
which discharges wastewater into the Illinois River, Havana's discharges
Include certain regulated dIscharges from the ash treatment system; these
outfalls are commonly IdentIfied as:
-Z-
Electronic Filing - Received, Clerk's Office, October 16, 2008
North Ash Pond
South Ash Pond
Other regulated discharges at Havana include:
Oi schara!? Name
Cool ing Condenser Hater
Units
1-5 Roof Drainage
Cooling
Tower Blowdown
Chemical Metal Cleaning Waste
Treatment System Effluent
Sewage Treatment Plant Effluent
002
003
Outfall No.
001
001 (b)
002(a)
002<b)
004
b.
Pursuant to NPDES program authori ty, the Agency issued NPDES
Permit IL0001S71 to Havana.
The Permit requires that discharges from all
above-referenced ash ponds meet the following effluent
1
Imi tations for
~he
parameters listed below:
Parame ter
pH
Total Suspended Sol ids
Oi I
&
Grease
Li m
Ita t
i
on
6-9 units
15
mg/l
30 mg/l
15
mg/l
20 mg/l
Time Period
at all time S
30 day average
da
i
1Y ma x
i
mum
30 day average
daily maximum
c.
In addition to the effluent 1imitations above, the ash ponds at
Havana mus t not cause a vi 0 Iat ion of certa
i
n Genera 1 Use Ha ter Qua Ii ty
Standards
listed at 3S Ill. Adm.
Code 302.208.
d.
Data from existing groundwater monitoring wells at Havana
indicate that the groundwater in the vicinity of the existing ash ponds
contains levels of contaminants which exceed the current General Use
~ater
Qual I ty Standards for such parameters as 80ron, Hercury, Iron, Ammonia and pH.
2.
Hennepin Power Station
:: ..
a.
The Hennepin Power Station (hereinafter referred to as
"Hennepin") is a 280 net megawatt coal-fired steam electric generating station
-3-
Electronic Filing - Received, Clerk's Office, October 16, 2008
.... hich discharges lo'<1stel<at,?r into the illinois River.
Hennepin'S discharges
include certain regulated discharges from the ash treatment system; these
outfalls
are
commonly identified as:
Discharge Name
Ash Pond No.
I
Ash Pond Nos. 2 and 4
Ash
Pond
No. 3
Other
regulated discharges at Hennepin include:
Discharoe
Name
Cooling Condenser Water
Boller B1o\oldown
Intake Screen Back\olash
Roof Drain Discharge
Ash Sluice Line Drain
Chemical Metal Cleaning Waste
Treatment
System Effluent
Dutra I I No.
002
003
005
Dutra
11 No.
001
001 (a)
001
(b)
001 (c)
004
005(a)
b.
Pursuant to NPDES program authori ty. the Agency issued NPOES
Permit ILOOOl554 to Hennepin. The Permit requires that discharges from the
above-referenced ash ponds
meet
the follo\oling effluent I imi tations for
the
parameters listed below:
Parameter
Limitation
Time Period
pH
6-9 units
.,
at a I I
t 1
me S
Total
Suspended
So I Ids
15 mgll
30 day average
30 mg/l
dally maximum
OIl &
Grease
IS mgll
30 day average
20 mgll
dai Iy maximum
c.
In addition' to the effluent limitations above. the ash ponds at
Hennepin must not cause violation of General Use Hater Oual ity Standards
listed
at
35 Ill. Adm, Code 302.208.
d: "Data from exIstIng groundwater monitoring wells at Hennepin
Indicate that
the
groundwater In
the
Vicinity of the existing ash ponds
contains levels of contaminants which exceed the current General Use Hater
Quality Standards for such parameters as Boron. Iron. Sulfate. Total DIssolved
Sol Ids and pH.
-4-
Electronic Filing - Received, Clerk's Office, October 16, 2008
J.
~ood
River Power, Station
a.
The
~ood
River
Po .... er
Station (hereinafter reFerred to ilS "Hood
River") is a
570
net megawatt ceal and oil-fired steam electric <;eneratiilg
station which discharges .... astewater into the Mississippi River and Into an
unnamed tributary of
~ood
River Creek. Hood River's discharges include a
regulated discharge from
the
Ylest Ash Pond which discharges waste .... ater via
Outfall No. 002 into
the
unnamed tributary of
I~ood
River Creek. Other
regulated
discharges at Hood River include:
Oischaroe
Name
Cooling Condenser
~ater
Intake Screen Backwash
Chemica] Metal Cleaning Waste
Treatment System Effluent
Gutfal] No.
001
001 (a)
o02(a)
b.
Pursuant to NPDES program authority. the Agency issued NPOES
Permit IL0000701 to Wood River.
The Permit requires that discharges from the
above-referenced ash pond system
meet
the Following effluent 1imitations for
the parameters 1
isted be
10""':
Parameter
Lim Ita t ion
Time Period
pH
6-9 units
atall
times
Total
Suspended
Sol ids
30 mgll
30 day average
SO mg/l
dai]
Y
ma x
i
mum
011
&
Grease
15 mg/l
30 day average
20 mgll
dail y ma ximum
c.
In addition to the effluent limitations above. the ash ponds at
Hood River must not cause a violation of certain General Use Hater Qual ity
Standard~
listed at 35 Ill. Adm. Code 302.208.
d.
The
Agency does not have data concerning the condition of
groundwater at Wood River.
-5-
Electronic Filing - Received, Clerk's Office, October 16, 2008
!NT~~lH
COMPLIANCE
~E~SUP~S
ftr~c
;~7~~~A7~V~
~S~
~!S':S~~
;;:~~:7'~
CONSi2U(iION PROJE:iS
I. To address potential present and prospective Instances of noncompliance at
Havana, HennepIn
and
~ood
River, IP has commi tted to a compliance program
InvolvIng each of the three
stations.
The compl lance program Includes InterIm
measures to maIntain compliance
with the effluent limitations of each NPDES
Permit.
Namely,
IP has requested authorization to increase the dIsposal
capacIty
within the existing ash ponds at each station whi Ie proceeding with
the desIgn
and construction of new ash disposal facilities at each seatlon to
control the impact
of contaminants on groundwater.
2. IP commits to develop alternatIve ash disposal facilities to mitigate the
transport of leachate from such faci 1ities into the groundwater system.
IP
shall demonstrate that the designs of the alternative ash disposal facil\ties
are sufficient to prevent leachate from entering the groundwater at
concentrations which
exceed
all applicable standards.
IP shall
design
a
performance monitoring system
at each faci Ii ty to detect any leachate
migration. The desIgn shall include specifications and validations of the
followl ng:
a.
Performance monitoring
points
b.
SamplIng frequency
c.
ConstItuents of concern
IP
shall report such results to the Agency as required by permits.
J. IP hereby commits to proceed with the planning, design and construction of
new ash disposal facilities for Havana, Hennepin and Hood River in accordance
with the o?j:ectlves in Paragraph II.C.2 above. Construction shall be In
accordance with the corresponding fixed-date schedule of Paragraph VIr .A.3.
-6-
Electronic Filing - Received, Clerk's Office, October 16, 2008
1
"
t
.
1.
APPLICABILITY
This
Consent
Decree shal I apply to and be binding upon the State, the
Agency,
IP,
IP's oFficers. agents, and employees as ... ell as the successors and
assigns of IP's officers. agents, and employees. IP shall not raise as a
defense to
any action to enforce this Consent Decree the failure of any of Its
officers, agents or employees to take such action as shal
I
be required to
comply wIth the provisions of this Consent Decree.
IV.
CC~PLIANCE
l-lf TH OTHER LAI.IS AND REGULAT lOriS
This Consent Decree in no way affects the responsibi 1i ty of IP to comply
with any other federal. state or local regulations, including but not limited
to the Act. Ill. Rev. Stat. 1987, ch, 111 1/2, para. 1001 tllli. and the
Illinois Pollution Control Board's Rules and Regulations, 3S III. Adm. Code
Subtitles A through H, except as specifically provided in this Consent Decree.
V. '.
The
parties agree that the venue for any action commenced in Circuit Court
for the purposes of interpretation, implementation and enforcement of the
terms
and conditions of this Consent Decree shall be In Hason County.
VI.
SEVERABILITY
The parties intend that the provisions of this Consent Decree shall be
severable and should any provisions be declared by a court of competent
jurisdiction to be Inconsistent with state or federal law, and therefore.
-7-
Electronic Filing - Received, Clerk's Office, October 16, 2008
~nenForceabje.
the rema!nins c'lauses shall rer,-,ain in full Fer:,: a.'le eFfec:.
In the event that any provisions of this Consent Decree and plans implemented
hereunder
and
attachments hereto are declared inconsistent with the provisions
of the Act. the provisions of the Act shall be controlling.
VI
I.
FINAL JUDGMENT ORDER
This Court having jurisdiction
over
the parties and subject matter. the
parties havIng appeared. due notice haVing been given or waived. the Court
having considered the
stipulated facts and being advised in the premises. the
Court finds the following relief appropriate:
IT IS HEREBY ORDERED. ADJUDGED
AHD
DECREED:
A.
COMPLIANCE PROGRAM
1.
Existina Ash Ponds.
IP shal I construct improvements to its ash ponds
at Havana. Hennepin and Wood River to improve their performance as wastewater
clarification basins and increase existing ash disposal capacity. IP shall at
all times properly operate and maintain its ash ponds. Compliance with the
terms
of this Consent Decree shall not affect IP's obI igations to meet the
requirements
of its NPDES Permits and nothing herein shall be construed to
limit the ability of the Agency to enForce the terms of the NPDES Permits
through
an appropriate enforcement action.
IP shall construct the
Improvements
at each facility in accordance with the following schedules:
(I) At Havana:
': Action
(a) RaIse
perimeter berms around the
primary ash compartment
of South
Ash Pond as required, but no more
than 10 feet;
-8-
Comoletion Date
December 31. 1991
Electronic Filing - Received, Clerk's Office, October 16, 2008
(0)
:\s:na~ge
of fiy
as~
dne
DO:~:~
csn transport
~aters
to secondary
compartment of South Ash Pond
and. if required to maintain
NPD~S
compliance. raise outfall in second
and third compartment of South
Ash Pond;
(c) Closure of South Ash Pond..
(2) At Hennepin:
AC
t i
on
(a) Remove interior berms of Ash Pond No.
and consolidate with Ash Pond
No.3;
(b) Regrade interior of consolidated areas to
uniform bottom
elevation;
(c)
Close Outfall No. 002;
(d)
Increase berm level for Ash
Ponds NOS. I and 3 by 5 feet;
(e) Return Ash Pond No.4 to service;
(f) Increase berm elevation of Ash Pond tio. 2
as required but by no more than
15
feet;
(g) Closure of Ash Ponds
No.1.
2,3. and 4,.
(3) At Wood River:
AC t
i
on
(a) Raise berms around the primary ash
compartment
of West Ash Pond
by 9 feet.
(b) Closure of West Ash Pond..
December
31, 1995
Como
1
e t
i
on Da te
December
31, 1991
December
31, 1991
December
31, 1991
December
31, 1991
December
31. 1989
December
31. 1991
Decembe r 31, 1998
Comoletion Date
December 31. 1994
December 31. 2000
Closure of the ash ponds shall be accompl ished in accordance wIth the
fol
lowing criteria:
(1) A flnal cover of
one
foot of clay material
and
the establIshment of a
layer of topsoil and a vegetative cover to protect the final cover
and to promote drainage without erosion; or
(2)
In compliance with any then applicable Pollution Control Board
regulations pertaining to the closure of surface impoundments.
-9-
Electronic Filing - Received, Clerk's Office, October 16, 2008
1D may
r~~u':?s:
e
moC:fi:e~lon
cf tne
CiO$U!''!
c"'::e"':a c:.n:c'!(I,:C
1[":
{i)
acov,:
or an extension of the dates for closure
0;
exi>tin<;
ash I:"JII<.1>
If i?
demonstrates to the Agency that such modification of the closure criteria or
extension of the dates for closure of the existing ash ponds will not result
in a violation of the Act or regulations promulgated thereunder. the Agency
may agree in \triting to modify or suspend such criteria and/or time schedules.
2.
Continqent Penalties.
IF any ash pond eFfluent I imi tation for
parameters of to.tal suspended solids or oil and grease as delineated in the
NPDESPermlts of Havana, Hennepin or Hood River is exceeded
for
any month
bet\teen and Including the commencement of construction month and the
completion of construction month, for the construction projects described in
Paragraph
VILA.I.
of this Consent Decree. IP shall pay a penalty of $),000.00
per month for each facility \there one or more SUCh violations occur.
The
"commencement of construction month" and the "completion of construction
month" shall be the months during which those events actually occur.
Compliance with the applicable effluent limitation shal I be determined by the
monthly average concentration results for each effluent parameter as Indicated
by the monthly Discharge Honitorlng Reports of each facl I I ty.
The penalties
shall be paid to the Environmental Protection Trust Fund
I.d
thin 30 days of the
due date of the monthly Discharge Honi toring Report Indicating the
noncompllance to the following address:
III inols Environmental Protection Agency
Fiscal Services Section
2200 Churchil I Road. P.O. Box 19276
Springfield,. Illinois 62794-9276
3.
New Facilities. IP shall take action as detailed below to plan and
design new a.sh disposal facilities at Havana, Hennepin and Hood River to
prevent
In.t~oduction
of contaminants into groundwater at levels which would
exceed
applicable limits. IP shall submit plans and specifications and.
construct such new facilities in accordance \tith the follOWing schedules:
-10-
Electronic Filing - Received, Clerk's Office, October 16, 2008
(I)
A~
Hayana:
AC
~
Ion
(a) Submit Plans and Specifications
(b) Commence Construction
(c) Complete Construction
(2)
At Hennepin:
Ac t Ion
(a) SubmIt Plans and Specifications
(b) Commence Construction
(c)
Complete Construction
(3) At Nood River:
Ac t
i
on
(a) Submit Plans and Specifications
(b) Commence Construction
(c) Complete Construction
4.
StiDulated Penalties.
ComDletion Date
September 30. 1991
Hay 31,1992
December 31, 1993
ComDletion Date
September 30, 1994
~lay3l,
1995
December 3 I. 1996
ComDletiorl Date
September 30, 1996
l1ay 31. 1997
December 31, 1998
a.
IP shall pay stipulated penalties for each of the following
violations of the Consent Decree. These stipulated penalties shall apply
.
-
separately to the Havana, Hennepin, and
Hood
River faci lities:
For each day that commencement of construction of a new
facility is delayed beyond the time for commencement of
that facility as prOVided in Paragraph VILA.3., IP
shall pay the following penalty for that faci
I
ity:
Days 1-30
After 30 days
$ 500
$1.000
For each
day
that completion of construction of a new
facll ity Is delayed beyond the time for completion of
that facIlIty as set forth in Paragraph VILA.3., IP
sha.ll pay the follo\oling penalty for that facility:
Days 1-30
After 30 days
-11-
$)
,000
$2,500
Electronic Filing - Received, Clerk's Office, October 16, 2008
All penalties begin to accrue on the
c<!oy
folloY/ing the day on wnich
performance of the action is due and continue to accrue through the day the
action Is completed.
b.
Stipulated penalties as set forth above shall be paid .... ithin 30
days after the date they become due to the Environmental Protection Trust Fund
to the address specified in Paragraph VII.A.2. above.
The name and number of
the case shall appear on the certified check.
S.
The contingent and stipulated penalties set forth above shall be
enforceable by the Agency and shall be in addition to and shall not preclude
the
use of any other remedies or sanctions which may be available to the
Agency by reason of the noncompliance of
IP
or its facilities with the
provisions of this Consent Decree.
B.
PROGRESS REPORTS:
Beginning on January 31. 1989. and continuing through completion of all
construction activities, IP shall make written progress reports to the Agency
on a Quarterly basis, with the due dates for such reports being January 31,
April
30, July 31, and October 31 for the preceeding quarter. Such reports
shall be submitted to the Agency as follows:
Compl lance Assurance Section
Illinois Environmental Protection Agency
Division of Hater Pollution Control
2200 Churchill Road, P.O. Box 19275
Springfleld, Illinois' 62794-9276
C.
FORCE MAJEURE
1.
Any failure by IP to comply with the requirements of this Consent
Decree
shall
~ot
be a violation .of this Consent Decree If such failure Is the
result of actions by persons or events beyond the reasonable control of IP.
-12-
Electronic Filing - Received, Clerk's Office, October 16, 2008
2.
Sr'>Ouid
IP
be
unaoie
to cOtr.plete
Any part
or all of
tne
",ork
I~
accordance .... ith the timetable in Paragranli VIl.A. or other';/ise to comply .... Ith
any provision of this Consent Decree as a result of any circumstances not
within the reasonable control of IP, IP shal I notify the Agency as soon as
practicable but no later than thirty (30) calendar days of becoming aware of
such delay or other noncompliance. Such notification shal I be in writing and
shall Include a precise description of the circumstances, the measures to be
taken to prevent or minimize the delay and the revised
tin~table
to reflect
the anticipated delay.
3.
Notice
shall be directed to the individuals or successors at the
addresses
specified below:
DHPC Senior Attorney
Enforcement Programs
Illinois Environmental Protection Agency
2200 Churchi 11
Road
P.O. 80x 19276
Springfield, Illinois
62794-9276
4.
If the Agency and IP agree that the delay or noncompliance is due to
circumstances
beyond the reasonable control
of
IP, the parties may peti tion
the Court
to extend the time for
performa~ce
hereunder for a period equal to
the period of delay resulting from such circumstances.
5.
If
the
Agency and IP cannot agree whether the reasons for the delay
or noncompl iance were bey?nd the reasonable control
of
IP, the matter shall be
resolved by the Court. IP shall have the burden of going forward and proving
that the cIrcumstances alleged to be causing the delay or noncompl lance were
beyond
It!
,reasonable control.
-13-
Electronic Filing - Received, Clerk's Office, October 16, 2008
6.
Tne Agency
recognizes that during tne pendency of ::\1, C:)nsent
Decree, the Pollution Control Board may promulgate regulations containing
contaminant standards for groundwater.
If the Agency and IP agree that
complying with such groundwater standards would require an extension of the
construction schedules contained in Paragraph VII.A.3. of this Consent Decree,
the
parties shall petition the Court as provided in Paragraph VII.C.4. above.
If the Agency and IP do not agree that complying with such groundwater
standards would require an extension of the construction schedules, the matter
shal
I
be resolved by the Court as provided in Paragraph VII.C.S. above.
The
Agency and IP agree that any extension of time obtained pUl'$uant to this
Paragraph VII. C. shall not include the time during which an appeal of any
groundwater standard is pending.
7.
The provisions of this Paragraph VI!.e. shall govern delays in
obtaining permits required for any construction required by this Consent
Decree, other than permits issued by the Agency in a timely manner.
8.
The Agency shall be precluded from invoking the contingent and
stipulated penalty provisions of Paragraphs vlr.A.2. and
VII.A.4.
to the
extent that such delay or noncompl iance ii"caused by circumstances described
ln
this Paragraph
VII.
C.
D.
JURISDICiION
Thls Court shall retain jurisdiction of this matter for the purpose of
amending, Interpreting, Implementing and enforcing the terms and conditions of
this Consent Decree and for
the
purpose of adjudicating al I matters of dispute
bet..... een the :pattl es.
Th is Consent Decree sha II termi na te
one
year after
the
date of completion of constructlon, prOVided that IP has satisfied the terms
and condItIons of this Consent
Decree.
-14-
Electronic Filing - Received, Clerk's Office, October 16, 2008
Order and submi tit to
~he
Court that
it
may be approved and entered.
PeOPLE OF THE STATE OF ILLINOIS
DA TE :
,<_-_/,_t_"
_1_"
_
BY:
:';11.11:n
..
k~~/.?~d
IL Denl1cy
Finn:: A::;:;iSl:.1I1l /,cl:orney General
DA TE:
_.....;:?-~j;_/_7
..,l-!_S_9
_
I
/
OATE:
7---:/2
l./I<t
'1
_
APPROVED AND SO ORDERED THIS
J8:mab/2IS8j/spl-IS
Gfl
:
JOt~ph/E.
~6C~~
SVObOda.
Manager
E forcement PrO'Fam:;
!LLINOIS POIolER CO/-fPANY
BY.
Porter
j;~y;,n)/lcd/d1?
~{WometdorfF
t7;1
Vice
Pr~sident
V
JUDGE
-15-
Electronic Filing - Received, Clerk's Office, October 16, 2008
IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
MASON COUNTY, ILLINOIS
ORDER MODIFYING CONSENT ORDER
PEOPLE OF THE STATE OF ILLINOIS,
plaintiff,
-vs-
ILLINOIS POWER COMPANY,
an Illinois corporation,
Defendant.
)
)
)
)
)
No.
89-CH-S
)
)
)
)
)
FILED
FEB
25 1993
BRENDA K.
MILLER
CIRCUIT CLERK
MASON CO.,
II..
This matter being presented to the court upon the Joint
,1otion To Modify Consent Order filed by the parties, and the
court having read and considered the joint motion and being fully
advised in the premises, the court finds:
1.
This court previously entered a Consent Order in
this matter on March 2, 1989 ("the Consent Order");
2.
This court has jurisdiction over the parties and
the SUbject matter;
3.
Good cause exists for entry of this Order; and
4.
No reason exists why this Order should not be
entered instanter.
IT IS THEREFORE ORDERED:
A.
Paragraph'VII.A.l. (1) (c) of the Consent Order is
modified as follows:
"Cc)
Closure of South Ash Pond."
shall now read
liCe)
Closure of the Primary Cell
of South Ash Pond."
B.
Paragraph VII.A.l.(3)(a) of the Consent Order is
Electronic Filing - Received, Clerk's Office, October 16, 2008
modified as follows:
"(a)
Raise benns around the
primary ash compartment of West Ash
Pond by 9 feet."
shall now read
"(a) Raise benns around a portion
of the primary ash compartment of
West Ash Pond by 17 feet."
C.
Except as otherwise specifically modified by the
tenns hereof, the Consent Order entered March 2, 1989, is hereby
ratified and confirmed.
2
Electronic Filing - Received, Clerk's Office, October 16, 2008
CERTIFICATE OF SERVICE
I hereby certify that I did on the 23rd day of February,
1993, send by First Class Mail, with postage thereon fully
prepaid, by depositing in a united States Post Office Box in
Springfield, Illinois, one true and correct copy of the following
instrument(s) entitled JOINT MOTION TO MODIFY CONSENT ORDER and
ORDER MODIFYING CONSENT ORDER
TO:
Mr. Gabriel M. Rodriguez
Schiff Hardin & Waite
7200 Sears Tower
Chicago, IL 60606-6473
FILED
BRE:Nr:..
~ :~.
:S.LE:R
f1&
~<C""L
(.~.::~- 0~:':1:;,(
Assistant
~J;2=~
Attorney General
Environmental Control Division
Electronic Filing - Received, Clerk's Office, October 16, 2008
IN THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT
zwJ
I ).
2-
0
f}
A..-
.
);
MASON COUNTY, ILLINOIS
FILED
PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff,
v.
ILLINOIS POWER COMPANY,
an Illinois corporation,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
)
NO.
89 CH 5
JAH 0 3 i995
8Rc~
'r,.\
:c. ; "LLER
C
-',:<
ORDER MODIFYING CONSENT ORDER
This matter being presented to the Court upon the Joint Motion to Modify Consent
Order filed
by the parties, and the Court having read and considered the Joint Motion and
being fully advised
in the premises, the Court finds:
1.
This Court previously entered a Consent Order in this matter on March 2, 1989
which was subsequently modified
on February 24, 1993 ("the Consent Order");
2.
This Court has jurisdiction over the parties and the SUbject matter;
3.
Good cause exists for entry of this Order; and
4.
No reason exists why this Order should not be entered instanter.
IT
IS THEREFORE ORDERED:
A.
Footnote at bottom of page 9 of Consent Order is modified to read as follows:
.. Closure of the ash ponds shall be accomplished in accordance with the
following criteria:
(1)
A final cover of one foot of clay material and the establishment of a
layer
of topsoil and a vegetative cover to protect the final cover and to
promote drainage without erosion: or
1
Electronic Filing - Received, Clerk's Office, October 16, 2008
(2)
In compliance with any then applicable Pollution Control Board
regulations pertaining to
the closure of surface impoundments; or
(3)
IP will submit a Closure Work Plan, specific to Havana, Hennepin or
Wood River, to the IEPA Bureau of Water, requesting a groundwater
management zone ("GMZ") if groundwater monitoring at Havana,
Hennepin or Wood River indicates noncompliance pursuant to
35 III.
Adm. Code, Part 620, Subparts Band D. The work plan(s) will contain
specific tasks which are to
be performed to demonstrate closure. For
the purpose of this consent decree, if a GMZ
is required by the IEPA,
closure shall
be considered complete upon approval and successful
completion of the work plan. If
no GMZ is required, the closure dates
in the consent decree shall prevail. The GMZ will continue according to
the work plan until such time that IP and the IEPA agree that:
(a) threats to public health and the environment have been adequately
minimized;
(b) exceedances of Part 620, Subpart
0
have been
minimized to the extent practical; and
(c) beneficial use of the
groundwater has been assured with regard to the contaminants for
which the GMZ
is obtained. Modifications to the GMZ work plan will not
require amendment of the consent decree, but rather may
be made by
letter if agreed between the parties.
B.
Except as otherwise specifically modified by the terms hereof, the Consent
Order entered
on March 2, 1989 and subsequently modified on February 24, 1993, is hereby
ratified and confirmed.
2
Electronic Filing - Received, Clerk's Office, October 16, 2008
IN THE CIRCUIT COURT FOR THE EIGHTH JUDICIAL CIRCUIT
MASON COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
Plaintiff,
vs.
ILLINOIS POWER COMPANY,
an
Illinois corporation,
Defendant
)
)
)
)
)
)
)
)
)
)
No. 89-eH-5
FILED
AUG 30 1996
8PE'r,.,\ :<. VILER
:.:
". '"<
1 .......,.1
...
ORDER MODIFYING CONSENT ORDER
This matter being presented
to the Court upon the Joint Motion to Modify Consent
Order filed by the parties, and the Court having read and considered the Joint Motion and
being fully advised
in the premises, the Court finds:
1.
This Court previously entered a Consent Order in this matter on March 2, 1989
which was subsequently modified on February
24, 1993 and January 3, 1996 ("the Consent
Order");
2.
This Court has jurisdiction over the parties and the subject matter;
3.
Good cause exists for entry of this Order, and
4.
No reason exists why this Order should not be entered instanter.
IT
IS THEREFORE ORDERED:
A.
Section VII.A.2 be modified to read as follows:
Contingent Penalties. If any ash pond effluent limitation for parameters
of total
suspended solids or oil and grease
as delineated in the NPDES Permits of Havana,
Hennepin or Wood River
is exceeded for any month between and including the
commencement
of construction month and the completion of construction month, for the
construction projects described
in Paragraphs VlI.A.1. of this Consent Decree, IP shall pay a
Electronic Filing - Received, Clerk's Office, October 16, 2008
penalty of $3,000.00 per month for each facility where one or more such violations occur.
The "commencement
of construction month" and the "completion of construction month" shall
be the months during which those events actually occur. Compliance with the applicable
effluent limitation shall
be determined by the monthly average concentration results for each
effluent parameter
as indicated by the monthly Discharge Monitoring Reports of each facility.
The penalties shall be paid to the Environmental Protection Trust Fund within 30 days of the
due date
of the monthly Discharge Monitoring Report indicating the noncompliance to the
following address:
Illinois Environmental Protection Agency
Fiscal Services Section
2200 Churchill Road,
P,O, Box 19276
Springfield, Illinois 62794-9276
The contingent penalties described
in this Paragraph are applicable only to violations caused
by activities directly related to the closure of existing ash ponds. Such contingent penalties
are not applicable to activities unrelated
to the closure of the existing ash ponds, such as
construction and operation of new ash disposal facilities at Havana, Hennepin, and Wood
River, as described
in Paragraph VII.A.3 below. Deadlines for activities described in
Paragraph VII.A.3 are, however, sUbject to the stipulated penalty provisions of Paragraph
VII.A.4.
B.
Except as otherwise specifically modified by the terms hereof, the Consent
Order entered
on March 2, 1989 and subsequently modified on February 24, 1993, and
January
3, 1996 is hereby ratified and confirmed.
ENTERED
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7
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Electronic Filing - Received, Clerk's Office, October 16, 2008
Exhibit 2
Records
of Meetings with IEPA
Electronic Filing - Received, Clerk's Office, October 16, 2008
ILLINOIS EPA
Meeting Sip-in
Bureau ofLand
1021 North
Grand
Ave. East
P.O. Box 19276
Springfield, IL 62794
Maple
HiCkory
RedBud
Walnut
WhiteOak
785-8731
524-9976
524-9977
557-1339
785-8730
Meeting Date: 10
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Ameren Energy Generating Company
Hutsonville Power Station
Draft Meeting Agenda
July
25, 2001
1:30PM
I) Station operations
status
report
2) Reliefto
be
sought in our Petition for Adjusted Standards:
a) Final cap
&
cover requirements
b)
Leachate
collection and management criteria
(:) Groundwater monitoring provisions
d) Other requirements
3) Request for a Groundwater Management Zone
4) Schedule
Electronic Filing - Received, Clerk's Office, October 16, 2008
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Ameren Energy Generating Company
Hutsonville Power Station
Ash Pond Closure Project
Meeting Agenda
Wednesday. september 26. 2001
1:30 - 3:30 PM
1) Station operations status report
2) Relief
to
be sought in our Petition for Adjusted Standards
a) Final cap and cover requirements
b) Leachate collection and management criteria
c) Groundwater monitoring provisions
d) Other requirements
3) Use
ofash to achieve final profile and grades
4) Request for a Groundwater Management Zone
5) Schedule
Electronic Filing - Received, Clerk's Office, October 16, 2008
STATE OF ILUNOIS
ENVIRONMENTAL
PROTECTION AGeNCY
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Electronic Filing - Received, Clerk's Office, October 16, 2008
Exhibit 3
NPDES
Permit
Electronic Filing - Received, Clerk's Office, October 16, 2008
2171782.0610
April 6. 1999
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY
1021 NORTH GR.'NO AVENUE EAsT. P.O. Box 19276. SPRINCfIELD, IlliNOIS 62794-9276
THOMAS
V.
SKINNER, DIRECTOR
Central Illinois Public Service Company
607 East Adams
Springfield, Illinois
62739
Re: Central Illinois Public Service Company
Ameren CIPS
- Hutsonville Power Station
NPDES Permit No. IL0004120
Final Pennit
Gentlemen:
Attached
is the
final
NPDES Permit for your discharge. The Permit as issued covers discharge limitations,
monitoring.
and reporting requirements.
The
failure ofyou to meet any portion of the Permit could result in
civil andlor criminal penalties. The Illinois Environmental Protection Agency is ready and willing to assist
you in interpreting any of the conditions of the Permit as they relate specifically to your discharge.
The following changes
have been made after 30 day public notice:
I.
The storm water monitoring requirements contained in Special Condition 7 have been modified.
2.
Language
in
Special Condition 8
has
been clarified
3.
OutfaUs 00 lA, 002A and 002B have
been
renamed outfalls AO 1, A02 and B02 in the final permit to
conform to the
data
entry requirements for USEPA's pennit compliance system.
The Permit as issued
is effective as ofthe date indicated on the first page of the Permit You have the right
to appeal any condition ofthe Permit to the Illinois Pollution Control Board
within
a 35 day period following
the issuance date.
To assist you in meeting the self-monitoring and reporting requirements ofyour reissued NPDES permit, a
supply
ofpreprinted Discharge Monitoring Report (DMR) forms for your facility is being prepared. These
forms will be sent
to you prior to the initiation ofDMR reporting under the reissued permit. Additional
information and instructions will accompany
the preprinted DMRs upon their arrival.
Should you have questions concerning
the Permit, please contact Gary C. Wolf. P.E. at the telephone number
indicated above.
C!ll;"hd,
ThomasManager,G.
PermitMcSwiggin,Section
P.E.
~
;
Division
of Water Pollution Control
TGM:SFN:GCW:98041703.grm
Attachment: Final Permit
cc:
Records
Compliance Assurance S.:ction
Champaign Region
Electronic Filing - Received, Clerk's Office, October 16, 2008
NPDES Permit No. ILOOO4120
Illinois Environmental Protection Agency
Division of Water Pollution Control
1021 North Grand Avenue East
Post Office Box 19276
Springfield, [IIinois 62794-9276
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Relssued (NPDES) Permit
Expiration Date: Apri 1 30. 2004
Issue Date:
April 6. 1999
Effectlve Date:
Hay 1. 1999
Name and Address of Permittee:
Central Illinois Public Service Company
607 East Adams
Springfield, Illinois
62739
Discharge Number and Name:
001 • Condenser Cooling Water
A01 - Intake Screen Bad<wash
002 • Ash Pond Discharge
A02 • Sewage Treatment
Plant
Discharge
802 • Chemical Metal Cleaning Wastewater
003 • Storm Water from Access Roads
used
for Coal Delivery
Facility Name and Address:
Ameren CIPS • HutsonvHle Power Station
1000 North Pleasant, P.O. Box 216
Hutsonville, Illinois 62433
(Crawford
County)
Receiving
Waters:
Wabash
River
Wabash
River
Wabash
RIver
Wabash
River
Wabash River
Unnamed creek tributary
to
the Wabash River
In compliance with the provisions of
the
Illinois Environmental Protection Ad. Title 35 of ilL Adm. Code, Subtitle C and/or Subtitle 0, Chapter
1, and the Clean Water Act (CWA), the ahove-named permittee is hereby authorized
to
discharge
at
the above location to the above-named
receiving stream in accordance with the standard conditions and attachments
herein.
Permittee is not authorized to
discharge
after
the
above expiration
date.
In order to
receive
authorization to discharge beyond the expiration
date, the permittee shall submit the proper application as required by the Illinois Environmental Protection Agency (IEPA) not later than
lBOday.pl1orto1he.,_date.
~~(..j)
';.
ThomasManager,
G.
PermitMcSwiggin,
Section
P.~
Division of Water Pollution Control
TGM:GCW:98041703.grm
Electronic Filing - Received, Clerk's Office, October 16, 2008
Page 2
NPDES Pennit No. IL0004120
Effluent Limitation, and Monitoring
LOAD LIMITS Ibslday
OAF
(DMA
CONCENTRATION
L1MITSmgl!
PARAMETER
30 DAY
AVERAGE
DAilY
MAXIMUM
30 DAY
AVERAGE
DAILY
MAXIMUM
SAMPLE
FREQUENCY
SAMPLE
TYPE
1. From the effective date of this pennit until the expiration date, the effluent of
the
following dlscharge(s) shall be monitored and limited
at all times as follows:
Outfall{s):
001 - Condenser Cooling Water
This discharge consists
ot
1. Main Condenser Cooling Water
2. Intake Screen Backwash
3. Fans
&
Air Coolers
4. Turbine Oil & Hydrogen Gas Coolers
5. Fire Protection Water
6. Roof Drains'"
Flow
Total Residual
Chlorine*
Temperature
.See Special CondJtlon 4 & 5•
....See Special Condition 7 & 15.
See Special Condition 6
Approximate Flow:
70.0MGD
O.2MGD
O.02MGD
O.02MGD
0.1 MOO
Intermittent
0.2
Daily
2IMonth
Daily
Report Daily
Average
& Daily Maximum
Grab
Continuous
Outfalls:
A01 - Intake Screen Backwash
See Special Condition
a.
Approximate Flow: O.2MGD
Electronic Filing - Received, Clerk's Office, October 16, 2008
Page 3
NPDES Permit No.IL0004120
e;f!luent Limitations and Monitoring
LOAD LIMITS Ibs/day
OAF (OMF)
CONCENTRATION
LIMITS
mqIl
PARAMETER
30 DAY
AVERAGE
DAILY
MAXIMUM
30 DAY
AVERAGE
DAILY
MAXIMUM
SAMPLE
FREQUENCY
SAMPLE
TYPE
1. From the effective date of this pennit until the expiration date. the effluent of
the
following discharge(s) shall
be
monitored
and
limited at all times
as
follows:
Outfall(s):
002
-Ash Pond Discharge
This
discharge consists
at
1. Bottom
Ash and Ay Ash Sluice
Water
2.
Boiler Blowdown
3. Miscellaneous Cooling Water
4.
Water Treatment Filter Backwash
5. Deminerallzer Regenerant Waste
6. Water Softener Blowdown
7.
Coal Pile Runoff
8. Sewage Treatment Plant Effluent
9. Air Heater Wash
10. Plant Floor Drains and
Sump
Discharges
11. Ash Hopper Overflow
12. Pyrites from the Coal Pulverizer
13.
Roof Orains-
14. Deep Well Rehabilitation Wastewater
15. Chemical Metal Cleaning Wastewater
Treatment Tank Discharge
16. Stormwater Runoff*""
Flow
pH
Total Suspended Solids
Oil
& Grease
Boron
....See Special Condition 16
See Special Condition 2
Approximate
Flow:
1.25MGD
O.OO2MGO
O.218MGD
O.02MGD
O.OO4MGD
O.02MGD
Intermittent
O.OO2MGO
Intennlttent
O.04MGD
O.2MGD
O.OO5MGO
Intermittent
Intermittent
0.3
MGD/4
Yr.
Intermittent
1IWeek
Measure
When
Monitoring
1IWeek
Grab
30.0
100.0
1IWeek
8-Hr. CompoSite
15.0
20.0
1IYear
Grab
10.0
1IMonth
8 Hr.Composite
Electronic Filing - Received, Clerk's Office, October 16, 2008
Page 4
NPDES Permit No.IL0004120
Effluent Llmita1igns and MonitOring
LOAD LIMITS Ibslday
DAF (DMf)
CONCENTRATION
L1MlTSmgJI
PARAMETER
30
DAY
DAILY
AVERAGE
MAXIMUM
3QDAY
AVERAGE
DAILY
MAXIMUM
SAMPLE
FREQUENCY
SAMPLE
TYPE
1. From the effective date of this permit untit the expiration date,
the
effluent of the following discharge{s) shall be monitored and
limited at all times as follows:
Outfall(s): A02. Sewage Treatment Plant Discharge
Approximate Flow: 0.002 MGD
Flow
1JMonth
Measure VVhen
Monitoring
BODs
2.5
5.0
30.0
60.0
1/Month
8-Hr Composite
Total
Suspended Solids
2.5
5.0
30.0
60.0
1/P.1onth
8-Hr. Composite
Total Residual Chlorine-
Daily
Grab
-See Special Condition 10.
Outfall(s): 802. Chemical Metal Cleaning wastewater
Flow
Daily When
24Hr. Total
Discharging
Iron (total)
1.0
1.0
Daily When
a-Hr. Composite
Discharging
Copper (totaQ
1.0
1.0
Daily
When
8-Hr. Composite
Discharging
Outfall(s): 003. Storm Water From Access Roads USed For C<lal DerlVery
See Special Condition No. 15
Electronic Filing - Received, Clerk's Office, October 16, 2008
PageS
NPDES Permit No. IL0004120
~ECIAL
CONDITIONS
SP.ECIAL CONDITION 1, Flow (MGD) shall
be
measured as monthly average and daily maximum on DMR form.
SPECIAL CONDITION
2, The pH
shall
be
in
the
range
6.0
to
9.0.
The monthly minimum and monthly maximum values shall be reported
on the
DMR form.
SPECIAL CONDITION
3, Samples taken in compliance with
the
effluent monitoring requirements shall
be
taken at a point representative
of the discharge, but prior to
entry
into the receiving stream.
SPECIAL CONDmQt:J
~I
Chlorine
may not be
clischarged from each unifs maln cooling condensers for more than two hours in anyone
day, A minimum
of
three grab samples shal
be
taken at approximately five minute intervals in the discharge tunnel during the respective
chlorination period of each unit allowing for lag time between the initiation of chlorination and
the
point of samprmg before the first of the
grab samples is taken.
The
incrlViduai values for each set of samples shal
be reported
Including
the
unit sampled, the time of chlorination.
the times samples were
collected,
the
duration
of
the chlorine dosing period plus the amount of chlorine applied. Continuous analyzers
may be substituted for
the
above grab sampling
method.
SPECIAL <;CONPITION 5, Total residual chlorine "mit
is
an instantaneous maximum Bmit which shall not
be
exceeded at any time.
SPECIAL
CONDmo":! el Discharge ofwastewater
from
this facility must
not
alone or in combination with other sources cause the receiving
stream
to violate
the following
thermaJ
limitations at
the edge
of the mixing zone
which is defined by
Section 302.211, IDinais Administration
Code,
Title
35,
Chapter
1,
Subtitle C, as amended:
A
Maximum temperature rise above natural temperature must not exceed SOF (2.S0C).
B,
Water temperature
at
representative locations In the main river shall
not exceed
the maximum limits in the following table during
more than one
(1) percent of the hours in the 12.month period ending with any
month.
Moreover, at no time shall the water
temperature at
such locations exceed
the
maximum limits in
the
following table by
mote
than
3°F (1.7°C).
(Main river temperatures
are
temperatures of those portions of
the
river essentially similar to and following the same thermal regime as the temperatures of
the main flow of the river.)
~
50
10
.Ef.e...
50
10
60
16
70
21
80
27
90
32
90
32
90
32
90
32
78
26
70
21
~
57
14
C.
The monthly maximum value shall
be
reported on the DMR
form.
SPECIAL CONpITJQt:J Z. For a one year period
from
the effective date of this permit, storm water discharge from roof drains which
discharge to
outfall 001 shan
be monitored
for total iron once per calendar year quarter dUring qualifying storm events. A qualifying storm
event is defined as an event that
is greater than 0.1 inches and at least 72 hours from
the
previously measurable (greater than 0.1 inch
rainfall) storm event.
Samples shaD
be
coUected from four to six roof drain locations
for
each storm event sampled. During the one
year
sample period, each roof drain location shaD
be
sampled
at
least once.
Samples shall
be
taken from each Jocation during the first
thirty
minutes ( or as soon thereafter as practicable) of the discharge. These
samples shall then
be
composited and
the
composite sample analyzed for total
iron.
Each sample shall
be
at least 100 milliliters.
In addition. samples shall be taken from
each
location each hour of
the
discharge, or
for
tl1e first three hours of the event. These samples
shall then be composited and the composite sample analyzed for total iron. Each sample shall
be
at least 100 milliliters.
Samples shall be
analyzed using test methods promUlgated in 40 CR 136. For each quaflfying event, permittee shall record flow
measurements or estimates of
flow
rate, the
total
amount of discharge for the storm event sampled, and the methOd of flow measurement
or estimation. Permittee
shaH also
record
the duration of storm event sampled. rainfaU measurements. or estimates of the storm event
which generated the
sampled runoff and
the
duration
between the
storm event sampled and
the
end of the previously measurable greater
than
0.1 inch rainfall storm event
A diagram
shall
be
submitted
with
the sample results showing the roofs of the plant buildings. location of each drain, and which drains were
sampled. Each roof drain shall
be
assigned a name.
Electronic Filing - Received, Clerk's Office, October 16, 2008
Page 6
NPDES Permit No. ILOOO4120
SPECIAL CONDITIONS
.....
:
Monitoring results and other information required under
this
condition shall be submitted
to
the Agency as
an
attachment to the DMR form.
If monitoring results
show discharge concentrations
exceed
the effluent standards set forth in
35
III. Adm. Code
304.124(a),
the permittee
shall amend the Stonn Water POlrution Prevention Plan (SWPPP)
as
necessary to control the discharge of total iron
to
the Wabash River.
Amendments
to the SWPPP shan be made within the shortest reasonable period of time, and shall be provided to the Agency for review
upon request.
The Agency
may modify this penna during its
term to
inccxporats additional limitations or requirements based on the results of this
monitoring. Modifications under
this condition shall follow public notice and opportunity for hearing.
SPECIAL CONDITION
8.
During maintenance of the trash rack or intake screens, any debris coIected from the trash rack or intake
screens shall not be retumed to the river but shall
be
properly disposed of.
SPECIAL CONDITION
9.
There shall
be
no discharge of polychlorinated biphenyl compounds (PCB's) such as thoss commonly used for
transformer fluid.
SPECIAL CONRITION 10. Any use of chlorine 10 control slime growths odors or as an operational control, etc. shall not exceed the limit
of
.05 mg/l
(daily maximum) total residual chlorine
In the
effluent. Sampling is required on
a
daily
grab
basis during
the
chlorination process.
Reporting shall be submitted Wllh the (DMR's) on a monthly basis.
SPECIAL COt'jDITION
11.
Chemical metal deaning wastewater rinses may be placed on an active area of the coal pile for incineration
provided a demonstration
showing BAT equivalency
is
submitted to the IEPA within 90 days
following
completion of treatment This
demonstration will consist of a
sampling program approved
by the
IEPA which will provide
for the
monitoring of iron and copper levels in
coal
pile runoff prior to, during, and after placement of rinses onto the coal pile. This monitoring must show that
the
naturally occurring
iron and copper levels
in coal pile runoff are not altered through this disposal practice (Attachment A).
SPECIAL CONRmON 12. CentrallJlinois
Public
Service Company has complied with Section 302.211F
ofTltIe
35.
Subtitle C: Water
Pollution Regulations
demonstrating
that
its thermal discharges from
its
Hutsonville Power Station have not caused and cannot
be
reasonably expected to cause signiIlcantecologlcal damage to receiving
waters
as approved
by
PCB Order
No.
78-108 dated Odober 19.
1978. Pursuant
to 35111. Adm.
Code 302.2119 no additional monitoring or modification is now being required for
reissuance
of this NPDES
penna.
Se~!AL
COMRroON 13. Centrallltinois Public
5ervice
Company's demonstration for the Hutsonville Power Station in accordance with
Section 316(b) of the CWA was approved
by
this Agency
by
letter dated September 18,1979. II is determined that no additional intake
monitoring or mO<frflcatlon is
now
being required for reissuance of this NPDES permit.
SPECIAL COt'jDroON 14. The permittee shall record monitoring results on DIscharge
Monitoring
Report forms using one such form for
each discharge each month. The completed
Discharge Monitoring
Report form shall be submitted monthly to IEPA, no later than the 15th
of the following month, unless otherwise spedfled by
the
Agency, to the following address:
Illinois Environmental
Protection
Agency
Bureau of Water
Compliance Assurance
section
1021 North Grand Avenue
East
Post Office Box 19276
Springfield,IUinois 62794-9276
SPECIAL CONDITION 15.
STOBM WATER POLU./TION PBEVENTION PLAN
<§.WPPP)
A.
A storm water pollution prevention plan shall be developed by the permittee for the storm water associated with industrial activity
at this facility. The plan shalt identify potential sources of pollution which may
be
expected to affect the quality of storm water
discharges
associated with the industrial activity at the facility. In addition, the plan shall describe and ensure the implementation
of
practices which are to be used
to
reduce the pollutants
in
storm water discharges
associated
with industrial activity at the facility
and to assure compliance with
the
terms and conditions of this
permit.
8.
The plan shall be completed within 180
days
of
the
effective date of this pennit. Plans shall provide for compliance with the terms
of the plan within 365 days of the effective date of this permit. The owner or operator of the facility shan make a copy of the plan
available to the Agency
at
any reasonable time upon request [Note: If the plan has already been developed and implemented it
shall
be maintained in accordance with all requirements of this special condition.]
Electronic Filing - Received, Clerk's Office, October 16, 2008
Page 7
NPOES Permit
No.
ILOO04120
SPECIAL CONOmONS
C.
The permittee
may
be notified by
the
Agency
at
aIrf
time that the plan does not meet the requirements of this condition. After such
notification, the permittee shall make changes to the
plan
and shall submit a written certification that the requested changes have
been
made. Unless otherwise provided, the permittee shall have
30
days after such notification to make the changes.
O.
The discharger shall amend
the
plan whenever there is a change In construction, operation, or maintenance which may affect the
discharge of significant quantities of poUutants to
the
waters
of the
State or if a facirlty Inspection required by paragraph G of this
condition
indicates that an amendment is needed
The
plan should also be amended If the discharger is in violation of any
condltlons of this pennlt. or has
not
achieved
the
general objective
of
controlling pollutants in
storm
water discharges. Amendments
to
the plan shall
be
made within
the
shortest reasonable
period
at
time,
and shaD
be
provided
to the
Agenc:f
for revieYi upon request.
E.
The plan shall provide a description of potentlal sources which may
be
expected to add significant quantities of pollutants to storm
water
discharges. or which may
result
in non-storm waler discharges from storm
water
outfalls at the facility. The plan shall Include,
at a minimum. the following
Iterns:
1. A topographic map extending
one-qu~et
mile beyond
the property
boundaries of the facility. showing: the facility. surface water
bodies, wells Oncluding
injeclfon weUs),
seepage piJs, infiIIration ponds. and the dlscharge points where the facility's storm water
discharges to a municipal storm drain system or other water
body.
The requirements of !his paragraph may be included on the
site map if appropriate•.
2. A site map showing:
I.
The storm water conveyance and discharge
structures;
ii. An outline ofthe storm water drainage areas for each
storm
water discharge point;
Ill. Paved areas
and
buildings;
iv. Areas used for outdoor manufacturing,
storage,
or disposal of significant materials. including activities that generate
significant quantitles
of
dust or particulates.
v. Location of existing storm water
structural
control measures (dikes, coverings, detention
facilities.
etc.);
vi.
Surface water locations and/or municipal storm drain locations
vii .Areas
of existing and potential soil erosion;
viii. Vehicle
service
areas;
ix. Material loading, unloading, and access areas.
3. A narrative description of the following:
i.
The nature of
the
industrial activities conducted at the site. including a description of significant materials thaI are treated.
stored or disposed of
in
a maMet to allow exposure
to storm
water,
ii.
Materials. equipment,
and vehlde management practices employed to minimize contact of significant materials with storm
water discharges;
iii. Existing structural and non-structural control measures to reduce pollutants In storm water discharges;
iv. Industrial storm water discharge treatment facilities;
II. Methods of onsite storage and disposal of significant materials;
4. A list of the types of pollutants that have a
reasonable
potential to be present in storm water discharges in significant quantities.
5. An estimate of the size of the facility in acres or square feet, and the percent of the facility that has impervious areas such as
pavement or bUildings.
6. A summary of existing sampling data describing pollutants in storm water discharges.
Electronic Filing - Received, Clerk's Office, October 16, 2008
PageS
NPDES Permit No. IL0004120
SPECIAL CONDITIONS
F. The
plan
shall describe the
storm
water management controls
which
will
be
Implemented
by
the facility. The appropriate controls shall
reflect
identified existing and potential sources of pollutants at the facility. The description of the storm water management controls
shallindude:
1. Storm Water Pollution Prevention Personnel - Identiflcation by job IiUes of the individuals who are responsible for developing.
implementing,
and revising the plan.
2.
Preventive Maintenance - Procedures for inspection and maintenance of storm water conveyance system devices such as
oillwater separators. catch basins. etc.. and inspection and testing of plant equipment and systems that could fail and result in
discharges of pollutants to storm water.
3. Good Housekeeping - Good housekeeping requires the maintenance of
clean,
orderly facility areas that discharge storm water.
Material handling
areas
shall
be
inspected and cleaned
to
reduce the potential
for
pollutants 10 enter the storm water conveyance
system.
4.
Spill Prevention and Response - Identification of
areas where
significant materials can spill Into
or
otherwise enter the storm water
conveyance systems and their accompanying drainage points. Specific material handling procedures, storage requirements, spill
dean up equipment and procedures should
be
Identified. as appropriate. Internal notification procedures for spills of significant
materials shouid
be
established.
5.
Storm Water
Management
Practices - Storm water management
practices
are
practices
other than
those
which controllhe source
of pollutants. They include measures such
as
Installing oil and grit separators, diverting storm water into retention basins, etc.
Based on assessment ofthe
potential
ofvarious sources to contribute pollutants, measures to remove pollutants from storm water
discharge shall
be
implemented. In developing the plan.
the
following management practices shaH
be
considered:
i.
Containment - Storage within
berms
or other
secondmy
containment
devices to
prevent
teaks
and splUs from entering storm
water
runoff;
ii. Oil & Grease Separation - OiIIWater separators. booms, skimmers or
other
methods to minimize oil contaminated storm water
discharges;
lil. Debris & sediment Control-
Screens, booms,
sediment
ponds
or other methods
to
reduce
debris and
sediment in storm water
discharges;
lv.
Waste Chemical
DIsposaI-
Waste chemicals such as antifree2:e, degreasers and used oils shall
be
recycled or disposed of
in an approved
manner and In a way which prevents them from entering storm water discharges.
v. Storm Water
DIversion -
Storm water diversion away from materials manufacturing, storage and other areas of potential storm
water contamination;
vi. Covered Storage or Manufacturing Areas -
Covered
fueling operations, materials manufacturing and storage areas
to
prevent
contad
with
storm
water.
6. Sediment and Erosion Prevention - The plan shaI
identify
areas which due to topography. activities, or
other
factors,
have
a high
potential for
significant
soil
erosion and describe measures to limit erosion.
7. Employee Training - Employee training programs shall inform personnel at all levels of responsibility of
the
components and goals
of
the storm water pollution control
plan.
Training should address topics
such
as spill
response,
good housekeeping and material
management practices. The plan shall identify periodic dates for such training.
8. Inspection Procedures - Qualified plant personnel shal be identified to inspect designated equipment and
plant
areas. A tracking
or
follow-up procedure shall
be
used to ensure appropriate response has been taken in response to an inspection. Inspections
and maintenance activities shall
be
documented and recotded.
G. The permittee shall conduct an annual facility inspection
to
verify
that
all elements of
the
plan, including
the
site map, potential pollutant
sources, and
structural and non-structural controls to reduce pollutants in industrial storm water discharges are accurate. Observations
that require a response and the appropriate response to the observation shall be retained as part of the plan. Records documenting
significant observations made during the site inspection shail be submitted to the Agency in accordance with the reporting
requirements
of this permit
H. This plan should briefly describe the appropriate elements of other program requirements. inclUding Spill Prevention Control and
Countermeasures (SPCC) plans reqtJired under Section 311 of the CWA and the regUlations promulgated thereunder. and Best
Management Programs under 40 CFR 125.100.
Electronic Filing - Received, Clerk's Office, October 16, 2008
Page 9
NPDES Permit No.IL0004120
SPECIAL
C~QmONS
I.
The plan is considered a report
thai
shall
be
available to the public under Section 308(b) of the CWA. The pennittee may claim
portions
of the plan as confidential business infonnatlon. Including any portion describing facility security measures.
J.
The plan shall include the signature and title of
the
person responsible for preparation of the plan and include the date of initial
preparation and
each amendment thereto.
Construction Authorlzallon
K.
Authorization is hereby
granted
to construct treatment works and related equipment that may
be
required by the Storm Water POllution
Prevention developed pursuant
to
this pennit.
This Authorization
is
issued subject
to the
following condltion(s).
1. If any statement or representation Is found
to
be incorrect, this authorization may
be
revoked and the permittee there upon waives all
rights thereunder.
2.
The issuance of this authorization (a) does not release the permittee
from any
Dability for damage to persoos or property caused
by
or resulting
from the
installation, maintenance or
operation
of
the proposed faciIiIles; (b)
does
not
take Into consideration the structural
stability of any units or part
of this
project; and (c) does
not
release
the
permittee
from
compliance with other applicable statutes of
the State of illinois. or other applicable
Iocaf
law, regulations or
ordinances.
3. Plans
and
specificallons of all trea1rnent equipment being included
as part
of the storrnwater management practice shall be Included
in the SWPPP.
4.
Construction activities
which result from
treatment equipment installation, including cJeanjng,
grading
and excavation activities which
result in the cflSturbance
offive
aaes or more of land area, are not covered
by this
authorization.
The
permittee shall contact the IEPA
regarding the required permit(s}.
B[:POBTlNQ
L. The facility shall submit an amual inspection
report to
1he
Illinois
Environmental Protection Agency.
The
report shall include results
of
the
annual facllity
inspection
whk:h is required by Part G of
the Storm
Water Pollution Prevention
Plan
of
this
pennit. The report
shall
also
include
documentation
of
any
event
(spil, lreatment
unit
rnaIf1n:lIon, etc.)
which
would
require an inspection, results of the
inspection, and any subsequent
correcIive
maintenance
activity. The
report shall
be
completed and signed by the authorized facility
employee(s) who conducted the inspection(s}.
M.
The
first report shall contain information gathered during
the one
year-time
period
beginning with the effective date of coverage under
this permit and
shaD
be
submitted no later
than 60
days after this one year period has expired. Each subsequent report shall cootain
the previous year's information
and
shall
be
submitted
no
later
than
one year after the previous year's report was
due.
N. Annual inspection reports shall be mailed to the following address:
Illinois Environmental Protection Agency
Bureau of Water
Compliance Assurance
section
Annual Inspection Report
1021
North Grand Avenue East
Post Office
Box
19216
Springfield, Illinois 62794-9276
O. If the facility performs inspections more frequently than required by this permit. the results shall
be
included as additional infonnatlon
in the annual report.
SPECIAL CONDITION 16.
The
Agency has determined !hat
the
eflluent limitations in
this permit
constitute BATIBCT for stann water which
is treated in the existing treatment
faciJ'Jties
for pl.JtPOSeS of this
permit
missuanca, and no pollution pteVention plan win
be required
for such
stonn water. In addition to the chemical specific monitoring required
elsewhere
in this pennit, the penniltee shall conduct an annual
inspection
of the facility site to identify areas contributing
to
a storm water discharge associated
with
industrial activity, and detennine
whether any facility modifications
have
occurred which result in previously-treated storm water discharges no longer receiving treatment.
If any such
discharges are Identified
the
pennittee shall
request
a modification of this pennit within 30
days
after the inspection. Records
of the annual inspection shall be retained by the pennittee ror the tenn of this permit and
be
made available to the Agency on request.
SPECIAL CONDITION
17. All sludges and other waste material generated oil-site shall be dIsposed of at a site and In a manner
acceptable to the Agency.
Electronic Filing - Received, Clerk's Office, October 16, 2008
Page 10
NPDES Permit No. IL0004120
ATTACHMENT A
The Permittee shall monitor coal pile runoff
for
concentrations of copper (total) and iron (total) a minimum of 4 times prior to placing
chemical metal cleaning wastewater on the coal pile. The Permittee shaD monitor the coal pile for coal pile runoff following the placement
of chemical metal cleaning wastewater on
the
coal pile. Upon placement of the wastewater on
the
coal pile, for each placement which
causes
an effluent from the coal pile and each rainfall event which produces coal pile runoff during 30 days following placement on the
coal pile, a representative grab sample shall be taken daily of the tflSCharge and analyzed for iron (total)
and
copper (total). The analysis
report
shall include the frequency, duration and amounts of the month's precipitation events.
If the Permittee after monitoring twice
the
above
practice for
incineration of chemical metal cleaning wastewater can demonstrate to the
satisfaction of the permitting authority that there
is
no slgnificant discharge of the designated parameters caused by this practice. upon
written request by the
Permittee,
the
permitting authority shall review the monitoring requirements and may. at their discretion revise or
waive
these monitoring requirements following Public Notice and opportunity for hearing.
Electronic Filing - Received, Clerk's Office, October 16, 2008
Exhibit 4
Subpart B Permit
Electronic Filing - Received, Clerk's Office, October 16, 2008
LOG NUMBERS:
3689~05
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
PERMIT NO.:
2005~Eo-3689
FINAL PLANS, SPECIFICAnONS, APPLICATION
AND SUPPORTING DOCUMENTS
PREPARED BY: Ameran Services
DATE ISSUED:
JUN 1
~
2005
SUBJECT: AMEREN ENERGY GENERATING COMPANY
~
Hutsonville Power Station - Operation of Ash Pond System
PERMITTEE
TO OWN AND OPERATE
Ameren Energy Generating Company
One Ameren Plaza
1901 Chouteau Ave., MC-602
St. Louis, Missouri 63103
Permit
Is hereby granted to the above designated permittee(s) to construct andlor operate water pollution control facilities
described as follows:
An existing ash pond system consisting
of a bottom ash pond, a 1.8 acre drainage collection pond (lined). a 10 acre fly ash
pond (lined), a 4.0 acre final pond (lined), and all the pipes, pumps, and appurtenances necessary for the treatment
of fly ash
sluice water. bottom ash slUice water, and miscellaneous wastestreams. Effluent from this pond system
is discharged to the
Wabash River via Outfall 002
In accordance with NPDES Permit
No.
ILOO04120.
This permit renews and replaces Permits#
2000~EA·0729
and 2001-EO-2955 which were previously Issued for the herein
permitted facilities.
This operating permit expires on May
31.
2010.
This Permit is issued
subject to the follOWing Special Condition(s). If such Special Condition(s) require(s) additional or revised
facilities, satisfactory engineering plan documents must be submitted to this Agency for review and approval for issuance
of
a Supplemental Permit.
SPECIAL CONDITION 1: The discharge of treated effluent from this ash pond system shall be governed by NPDES Permit
NO.IL0004120.
SPECIAL CONDITION
2: Issuance of this permit does not release the Permittees from any liability for prior violations of the
Act
or Rules and Regulations promulgated thereunder.
Page
1
012
THE STANDARD CONDITIONS OF ISSUANCE INDICATED ON THE REVERSE SIDE MUST BE COMPLIED WITH IN
FULL. READ
ALL CONDITIONS CAREFULLY.
SAK:DEL:368905.wpd
DIVISION
OF WATER POLLUTION CONTROL
cc:
EPA - Champaign FOS
Records. Industrial
Binds
Alan
~~~
Keller,P.E.
fJ)lJ9.
~
Manager, Permit Section
Electronic Filing - Received, Clerk's Office, October 16, 2008
READ ALL CONDITIONS CAREFULLY:
STANDARD CONDITIONS
The Illinois Environmental Protection Act (Ullnals
Revised Statutes Chapter
111-12.
Section
1039)
grants
the Environmental Protection Agency authority to
impose
conditions on permits which it issues.
1.
Unless the construction for which this permit is
issued has been completed, this permit will expire
(1) two years after the date of issuance for permits
to
construct sewers or wastewater sources or
(2)
three years after the dale of issuance for permits to
construct treatment works or pretreatment works.
2.
The construction or development of facilities
covered
by this permit shall be done in compliance
with applicable provisions of Federal laws and
regulations, the Illinois Environmental Protection
Act, and Rules and
Regulations adopted by the
Illinois Pollution Control Board.
3.
There shall be no deviations from lhe approved
plans and specifications unless
a
written request
for modification of the project, along with plans and
specifications as
reqUired, shall have been
submitted to the Agency and
a
supplemental
written permit
issued.
4.
The permittee shall allow any agenl duly
authorized by the Agency upon the presentations
of credentials:
a. to enter at reasonable times, the permittee's
premises where actual or potential effluent,
emission
or noise sources are located or
where any
activity is to be conducted pursuant
to this permit;
b.
to have access to and copy at reasonable
times any records required to be kept under
the terms and conditions
ofthis permit;
c. to inspect at reasonable times, including
during any hours
of operation of equipment
constructed or operated under this permit,
such equipment
or monitoring methodology or
equipment reqUired to be
kept, used.
operated, calibrated and maintained under
this permit;
d. to obtain and remove al reasonable times
samples
of any discharge or emJsslon of
pollutants;
e.
to enter at reasonable times and utilize any
photographic, recording. tesling,
monitoring or
other equipment for the purpose
of preserving,
testing, monitoring,
or recording any activity,
discharge,
or emission authorized by this
permit.
5. The issuance
of this permit:
a. sheU
not
be considered as in any manner
affecting the title of
the premises upon which
the permitted facilities are to
be located;
b.
does not release the permittee from any
liability for damage to person
or property
caused by
or resulting from the construction,
maintenance,
or operation of
the
proposed
facilities;
c. does not release the permittee from
compliance with
other applicable statutes and
regulations
of the United States, of the State
of Illinois, or with applicable local laws,
ordinances and regulations;
d.
does not take into consideration or attest to
the structural stability
of any units or parts of
the project;
e. in no manner Implies or suggests that the
Agency (or its
officers, agents or employees)
assumes any liability, directly or indirectly, for
any loss
due to damage, installation,
maintenance,
or operation of the proposed
equipment or facility.
6. Unless a joint construction/operation
permit
has
been iSSUed,
a
permit for operating
s~all
be
obtained from the agency before the facility or
eqUipment covered by this permit is
placed into
operation.
7.
These standard conditions shall prevail unless
modified by special condJtions.
8.
The Agency may file a complaint with
the
Board for
suspension or revocation
of
a
permit:
a. upon discovery that the permit application
contained misrepresentations, misinformation
or false statement or that all relevant facts
were not disclosed; or
b.
upon finding that any standard or special
conditions have
~n
Violated; or
c. upon any violation of the Environmental
ProtectJon Act
or any Rules or Regulation
effective thereunder as a
result of the
construction
or development authorized by
this
permit.
Electronic Filing - Received, Clerk's Office, October 16, 2008
LOG NUMBERS:
3689-05
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
WATER POLLUTION CONTROL PERMIT
PERMIT NO.:
2005-EO-3689
FINAL PLANS, SPECIFICATIONS, APPLICATION
AND SUPPORTING DOCUMENTS
PREPARED
BY: Ameren Services
DATE ISSUED:
JUN 1 4 2005
SUBJECT: AMEREN ENERGY GENERATING COMPANY - Hutsonville Power Station - Operation of Ash Pond System
SPECIAL CONDITION
3:
The operation of the treatment facJllties must
be
under the direct and active field supervision of a
certified industrial treatment plant operator In accordance with the State of Illinois Rules and RegUlations, Title 35, Subtitle C,
Chapter 1, Part 312.
SPECIAL CONDITION
4:
Fly
ash
shall
be
handled, stored and disposed of on site In a manner so as not to cause or contribute
to violations
of the Act. No additional fly ash may be disposed of or placed in any unlined storage areas on site except during
construction
or closure activities In accordance with any enforcement settlement or other action taken by the Illinois Pollution
Control Board.
SPECIAL CONDITION
5: The following Class I Groundwater QUality Standards as promulgated in 35 III. Adm. Code 620, apply
to this facility except in accordance with a Groundwater Management Zone obtained from the Agency, or an adjusted
groundwater quality standard, or other Illinois Pollution Control Board action.
parameter
Units
Standard
Total Dissolved Solids
mgtl
1,200
Sulfate
mgtl
400
Boron
mgll
2.0
Manganese
mgll
0.15
pH
Standard Units
6.5-9.0
SPECIAL CONDITION
6:
Monitoring wells MW-6 through MW-9 shall remain operational. The permittee shall monitor existing
groundwater monitoring wells MW-1 through MW-5 on a monthly basis. Samples shall
be
analyzed for pH, total dissolved
solids, boron, calcium, hardness, manganese, sulfate, alkalinity, and depth to groundwater. Groundwater monitoring results
shall
be
submitted on a yearly basis to the following addresses:
Illinois Environmental Protection Agency
DWPC/CAS
1021 North Grand Ave., East
P.O. Box 19276
Springfield, Illinois 62794-9276
Illinois Environmental Protection Agency
DWPCI
FOS
2125 South First Street
Champaign, Illinois 61821
Page 2
of2
Electronic Filing - Received, Clerk's Office, October 16, 2008
READ ALL CONDITIONS CAREFULLY:
STANDARD CONDITIONS
The Illinois Environmental Protection Act (Illinois
Revised Statutes Chapter 111-12. Section 1039) grants
the Environmental Protection Agency authority to
Impose conditions on permits which it issues.
1.
Unless the construction for which this permit is
issued has been completed, this permit will expire
(1) two years after the date of Issuance for permits
to construct
sewers or wastewater sources or (2)
three years after the date
of
issuance for permits to
construct
treatment works or pretreatment works.
2. The construction or development of facilities
covered by this permit shan be done in compliance
with appUcable provisions of Federal laws and
regulations,
the Ulinois Environmental Protection
Act,
and Rules and Regulations adopted by the
Illinois Pollution Control Board.
3.
There shall be no deviations from the approved
plans and specifications unless a written request
for modification of the project, along with plans and
specifications as required, shall have been
submitted to the Agency and a supplemental
written permit issued.
4. The permittee shall allow any
agent dUly
authorized by the Agency upon the presentations
of credentials:
a.
to enter at reasonable times, the permittee's
premises where actual or potential effluent,
emission
or noise sources are located or
where any activity is to
be
conducted pursuant
to this
permit;
b. to have access to and copy at reasonable
times any records required to be kept under
the terms and conditions
of this permit;
c. to inspect at reasonable times, including
dUring any hours
of operation of equipment
constructed or operated under this permit,
such equipment
or monitoring methodology or
equipment required to be kept. used,
operated, calibrated and
maintained under
this permit;
d.
to obtain and remove at reasonable times
samples of any discharge
Of
emission of
pollutants;
e. to enter at reasonable times and
utilize any
photographic,
recording, testing, monitoring or
other equipment for the purpose
of preserving,
testing, monitoring, or recording
any activity,
discharge, or
emission authorized by this
permit.
5. The issuance of this permit:
a. shall not be considered as In any manner
affecting the
title of the premises upon Which
the permitted facilities are to be located;
b. does not
release the permittee from any
liability for damage to person or property
caused
by or resulting from the construction,
maintenance, or operation of the proposed
facilities;
c. does not release the permittee from
compliance with other applicable statutes and
regulations of the United States, of the State
of Illinois, or with applicable local laws,
ordinances and regulations;
d.
does not take Into consideration or attest to
the structural stability of any units or parts of
the project;
e. in no manner Implies or suggests that the
Agency (or its officers, agents or employees)
assumes any
liability, directly or indirectly, for
any loss
due
to damage, lnstatlstion,
maintenance, or operation
of the proposed
equipment
or facility.
6. Unless a joint constructionJoperation permit
has
been Issued, a permit for operating shall be
obtained from the agency before
the facility or
equipment covered by this permit is placed into
operation.
7. These standard conditions shall prevail unless
modified by
special conditions.
8. The Agency may file a complaint with the Board for
suspension
or revocation of a permit:
a. upon discovery that the permit application
contained misrepresentations, misinformation
or false statement or that all relevant fads
were not disclosed; or
b. upon finding that any standard or special
conditions have been violated;
or
c. upon any violation of the Environmental
Protection Act
or any RUles or Regulation
effective thereunder as a result
of the
construction or development authorized by
this
permit.
Electronic Filing - Received, Clerk's Office, October 16, 2008
Exhibit 5
North Carolina General Statute: G.S. 143-215.1
Electronic Filing - Received, Clerk's Office, October 16, 2008
Make any outlets into the waters of the State.
Construct or operate any sewer system, treatment works, or disposal
system within the State.
Alter, extend, or change the construction or method
of operation of any
sewer system, treatment works, or disposal system within the State.
Increase the quantity of waste discharged through any outlet or
processed in any treatment works or disposal system to any extent that
would result in any violation
of the effluent standards or limitations
established for any point source or that would adversely affect the
condition
of the receiving waters to the extent of violating any
applicable standard.
Change the nature
of the waste discharged through any disposal
system in any way that would exceed the effluent standards or
limitations established for any point source or that would adversely
affect the condition
of the receiving waters in relation to any
applicable standards.
Cause or permit any waste, directly or indirectly, to be discharged to or
in any manner intermixed with the waters
of the State in violation of
the water quality standards applicable to the assigned classifications or
in violation of any effluent standards or limitations established for any
point source, unless allowed as a condition
of any permit, special order
or other appropriate instrument issued or entered into by the
Commission under the provisions of this Article.
Cause or permit any wastes for which pretreatment is required by
pretreatment standards to be discharged, directly or indirectly, from a
pretreatment facility to any disposal system or to alter, extend or
change the construction or method
of operation or increase the
quantity or change the nature
of the waste discharged from or
processed in that facility.
Enter into a contract for the construction and installation
of any outlet,
sewer system, treatment works, pretreatment facility or disposal
system or for the alteration or extension
of any such facility.
Dispose of sludge resulting from the operation of a treatment works,
including the removal
of in-place sewage sludge from one location and
its deposit at another location, consistent with the requirement
of the
Resource Conservation and Recovery Act and regulations promulgated
pursuant thereto.
(3)
(4)
(5)
(6)
(7)
(9)
(8)
§
143-215.1. Control of sources of water pollution; permits required.
(a)
Activities for Which Permits Required.
No person shall do any of the
following things or carry out any
of the following activities unless that person has
received a permit from the Commission and has complied with all conditions set forth in
the permit:
(1)
(2)
G.S. 143-215.1
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Electronic Filing - Received, Clerk's Office, October 16, 2008
(10) Cause or permit any pollutant to enter into a defined managed area of
the State's waters for the maintenance or production of harvestable
freshwater, estuarine, or marine plants or animals.
(11) Cause or permit discharges regulated under G.S. 143-214.7 that result
in water pollution.
(12) Construct or operate an animal waste management system, as defined
in G.S. 143-215.10B, without obtaining a permit under either this Part
or Part 1A of this Article.
(al) In the event that both effluent standards or limitations and classifications and
water quality standards are applicable to any point source or sources and to the waters to
which they discharge, the more stringent among the standards established by the
Commission shall be applicable and controlling.
(a2) No permit shall be granted for the disposal of waste in waters classified as
sources of public water supply where the head of the agency that administers the public
water supply program pursuant to Article 10 of Chapter 130A of the General Statutes,
after review of the plans and specifications for the proposed disposal facility,
determines and advises the Commission that any outlet for the disposal of waste is, or
would be, sufficiently close to the intake works or proposed intake works of a public
water supply as to have an adverse effect on the public health.
(a3) If the Commission denies an application for a permit, the Commission shall
state in writing the reason for the denial and shall also state the Commission's estimate
of the changes in the applicant's proposed activities or plans that would be required in
order that the applicant may obtain a permit.
(a4) The Department shall regulate wastewater systems under rules adopted by the
Commission for Public Health pursuant to Article 11 of Chapter 130A of the General
Statutes except as otherwise provided in this subsection. No permit shall be required
under this section for a wastewater system regulated under Article 11 of Chapter 130A
of the General Statutes. The following wastewater systems shall be regulated by the
Department under rules adopted by the Commission:
(1)
Wastewater systems designed to discharge effluent to the land surface
or surface waters.
(2)
Wastewater systems designed for
groundwater remediation,
groundwater injection, or landfill leachate collection and disposal.
(3)
Wastewater systems designed for the complete recycle or reuse of
industrial process wastewater.
(b)
Commission's Power as to Permits. -
(1)
The Commission shall act on all permits so as to prevent, so far as
reasonably possible, considering relevant standards under State and
federal laws, any significant increase in pollution of the waters of the
State from any new or enlarged sources. No permit shall be denied and
no condition shall be attached to the permit, except when the
Commission finds such denial or such conditions necessary to
effectuate the purposes of this Article.
G.S. 143-215.1
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(2)
The Commission shall also act on all permits so as to prevent violation
of water quality standards due to the cumulative effects of permit
decisions. Cumulative effects are impacts attributable to the collective
effects of a number of projects and include the effects of additional
projects similar to the requested permit in areas available for
development in the vicinity. All permit decisions shall require that the
practicable waste treatment and disposal alternative with the least
adverse impact on the environment be utilized.
(3)
General permits may be issued under rules adopted pursuant to
Chapter 150B of the General Statutes. Such rules may provide that
minor activities may occur under a general permit issued in accordance
with conditions set out in such rules. All persons covered under
general permits shall be subject to all enforcement procedures and
remedies applicable under this Article.
(4)
The Commission shall have the power:
a.
To grant a permit with such conditions attached as the
Commission believes necessary to achieve the purposes of this
Article.
b.
To require that an applicant satisfy the Department that the
applicant, or any parent, subsidiary, or other affiliate of the
applicant or parent:
1.
Is financially qualified to carry out the activity for which
the permit is required under subsection (a) of this
section; and
2.
Has substantially complied with the effluent standards
and limitations and waste management treatment
practices applicable to any activity in which the
applicant has previously engaged, and has been in
substantial compliance with other federal and state laws,
regulations, and rules for the protection of the
environment.
3.
As used in this subdivision, the words "affiliate,"
"parent," and "subsidiary" have the same meaning as in
17 Code of Federal Regulations § 240.12b-2 (April 1,
1990, Edition).
4.
For a privately owned treatment works that serves 15 or
more service connections or that regularly serves 25 or
more individuals, financial qualification may be
demonstrated through the use of a letter of credit,
insurance, surety, trust agreement, financial test, bond, or
a guarantee by corporate parents or third parties who can
pass the financial test. No permit shall be issued under
this section for a privately owned treatment works that
serves 15 or more service connections or that regularly
G.S.143-215.1
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Electronic Filing - Received, Clerk's Office, October 16, 2008
serves 25 or more individuals, until financial
qualification is established and the issuance
of the permit
shall
be contingent on the continuance of the financial
qualification for the duration
of the activity for which the
permit was issued.
c.
To modify or revoke any permit upon not less than 60 days'
written notice to any person affected.
d.
To designate certain classes of minor activities for which a
general permit may be issued, after considering:
1.
The environmental impact of the activities;
2.
How often the activities are carried out;
3.
The need for individual permit oversight; and
4.
The need for public review and comment on individual
permits.
e.
To designate certain classes of minor activities for which:
1.
Performance conditions may be established by rule; and
2.
Individual or general permits are not required.
(5)
The Commission shall not issue a permit for a new municipal or
domestic wastewater treatment works that would discharge to the
surface waters
of the State or for the expansion of an existing
municipal
or domestic wastewater treatment works that would
discharge to the surface waters
of the State unless the applicant for the
permit demonstrates to the satisfaction
of the Commission that:
a.
The applicant has prepared and considered an engineering,
environmental, and fiscal analysis
of alternatives to the
proposed facility.
b.
The applicant is in compliance with the applicable requirements
of the systemwide municipal and domestic wastewater
collection systems permit program adopted
by the Commission.
(bl) Repealed by Session Laws 1991, c. 156, s. 1.
(c)
Applications for Permits and Renewals for Facilities Discharging to the
Surface Waters.
-
(l)
All applications for permits and for renewal of existing permits for
outlets and point sources and for treatment works and disposal systems
discharging to the surface waters
of the State shall be in writing, and
the Commission may prescribe the form
of such applications. All
applications shall
be filed with the Commission at least 180 days in
advance
of the date on which it is desired to commence the discharge
of wastes or the date on which an existing permit expires, as the case
may be. The Commission shall act on a permit application as quickly
as possible. The Commission may conduct any inquiry or investigation
it considers necessary before acting on an application and may require
an applicant to submit plans, specifications, and other information the
Commission considers necessary to evaluate the application.
G.S. 143-215.1
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Electronic Filing - Received, Clerk's Office, October 16, 2008
(2)
a.
The Department shall refer each application for permit, or
renewal of an existing permit, for outlets and point sources and
treatment works and disposal systems discharging to the surface
waters of the State to its staff for written evaluation and
proposed determination with regard to issuance or denial of the
permit. If the Commission concurs in the proposed
determination, it shall give notice of intent to issue or deny the
permit, along with any other data that the Commission may
determine appropriate, to be given to the appropriate State,
interstate and federal agencies, to interested persons, and to the
public.
a!.
The Commission shall prescribe the form and content of the
notice. Public notice shall be given at least 45 days prior to any
proposed final action granting or denying the permit. Public
notice shall be given by publication of the notice one time in a
newspaper having general circulation within the county.
b.
Repealed by Session Laws 1987, c. 734.
(3)
If any person desires a public hearing on any application for permit or
renewal of an existing permit provided for in this subsection, he shall
so request in writing to the Commission within 30 days following date
of the notice of intent. The Commission shall consider all such
requests for hearing, and if the Commission determines that there is a
significant public interest in holding such hearing, at least 30 days'
notice of such hearing shall be given to all persons to whom notice of
intent was sent and to any other person requesting notice. At least 30
days prior to the date of hearing, the Commission shall also cause a
copy of the notice thereof to be published at least one time in a
newspaper having general circulation in such county. In any county in
which there is more than one newspaper having general circulation in
that county, the Commission shall cause a copy of such notice to be
published in as many newspapers having general circulation in the
county as the Commission in its discretion determines may be
necessary to assure that such notice is generally available throughout
the county. The Commission shall prescribe the form and content of
the notices.
The Commission shall prescribe the procedures to be followed in
hearings. If the hearing is not conducted by the Commission, detailed
minutes of the hearing shall be kept and shall be submitted, along with
any other written comments, exhibits or documents presented at the
hearing, to the Commission for its consideration prior to final action
granting or denying the permit.
(4)
Not later than 60 days following notice of intent or, if a public hearing
is held, within 90 days following consideration of the matters and
things presented at such hearing, the Commission shall grant or deny
G.S. 143-215.1
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any application for issuance of a new permit or for renewal of an
existing permit. All permits or renewals issued by the Commission and
all decisions denying application for permit or renewal shall be in
writing.
(5)
No permit issued pursuant to this subsection (c) shall be issued or
renewed for a term exceeding five years.
(6)
The Commission shall not act upon an application for a new
nonmunicipal domestic wastewater discharge facility until it has
received a written statement from each city and county government
having jurisdiction over any part of the lands on which the proposed
facility and its appurtenances are to be located which states whether
the city or county has in effect a zoning or subdivision ordinance and,
if such an ordinance is in effect, whether the proposed facility is
consistent with the ordinance. The Commission shall not approve a
permit application for any facility which a city or county has
determined to be inconsistent with its zoning or subdivision ordinance
unless it determines that the approval of such application has statewide
significance and is in the best interest of the State. An applicant for a
permit shall request that each city and county government having
jurisdiction issue the statement required by this subdivision by mailing
by certified mail, return receipt requested, a written request for such
statement and a copy of the draft permit application to the clerk of the
city or county. If a local government fails to mail the statement
required by this subdivision, as evidenced by a postmark, within 15
days after receiving and signing for the certified mail, the Commission
may proceed to consider the permit application notwithstanding this
subdivision.
(c1) Any person who is required to obtain an individual wastewater permit under
this section for a facility discharging to the surface waters of the State that have been
classified as nutrient sensitive waters (NSW) under rules adopted by the Commission
shall not discharge more than an average annual mass load of total nitrogen than would
result from a discharge of the permitted flow, determined at the time the Commission
makes a finding that those waters are experiencing or are subject to excessive growth of
microscopic or macroscopic vegetation, having a total nitrogen concentration of five
and one-half milligrams of nitrogen per liter (5.5 mg/l). The total nitrogen concentration
of 5.5 mg/l for nutrient sensitive waters required by this subsection applies only to:
(1)
Facilities that were placed into operation prior to 1 July 1997 or for
which an authorization to construct was issued prior to 1 July 1997 and
that have a design capacity to discharge 500,000 gallons per day or
more.
(2)
Facilities for which an authorization to construct is issued on or after 1
July 1997.
(c2) Any person who is required to obtain an individual wastewater permit under
this section for a facility discharging to the surface waters of the State that have been
G.S. 143-215.1
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classified as nutrient sensitive waters (NSW) under rules adopted by the Commission
where phosphorus is designated by the Commission as a nutrient of concern shall not
discharge more than an average annual mass load of total phosphorus than would result
from a discharge of the permitted flow, determined at the time the Commission makes a
finding that those waters are experiencing or are subject to excessive growth of
microscopic or macroscopic vegetation, having a total phosphorus concentration of two
milligrams of phosphorus per liter (2.0 mg/l). The total phosphorus concentration of 2.0
mg/l for nutrient sensitive waters required by this subsection applies only to:
(l)
Facilities that were placed into operation prior to 1 July 1997 or for
which an authorization to construct was issued prior to 1 July 1997 and
that have a design capacity to discharge 500,000 gallons per day or
more.
(2)
Facilities for which an authorization to construct is issued on or after 1
July 1997.
(c3) A person to whom subsection
(el)
or (c2) of this section applies may meet the
limits established under those subsections either individually or on the basis of a
cooperative agreement with other persons who hold individual wastewater permits if the
cooperative agreement is approved by the Commission. A person to whom subsection
(c1) or (c2) of this section applies whose agreement to accept wastewater from another
wastewater treatment facility that discharges into the same water body and that results
in the elimination of the discharge from that wastewater treatment facility shall be
allowed to increase the average annual mass load of total nitrogen and total phosphorus
that person discharges by the average annual mass load of total nitrogen and total
phosphorus of the wastewater treatment facility that is eliminated. If the wastewater
treatment facility that is eliminated has a permitted flow ofless than 500,000 gallons per
day, the average annual mass load of total nitrogen or phosphorus shall be calculated
from the most recent available data. A person to whom this subsection applies shall
comply with nitrogen and phosphorus discharge monitoring requirements established by
the Commission. This average annual load of nitrogen or phosphorus shall be assigned
to the wastewater discharge allocation of the wastewater treatment facility that accepts
the wastewater.
(c4) A person to whom subsection
(el)
of this section applies may request the
Commission to approve a total nitrogen concentration greater than that set out in
subsection (c1) of this section at a decreased permitted flow so long as the average
annual mass load of total nitrogen is equal to or is less than that required under
subsection (c 1) of this section. A person to whom subsection (c2) of this section applies
may request the Commission to approve a total phosphorus concentration greater than
that set out in subsection (c2) of this section at a decreased permitted flow so long as the
average annual mass load of total phosphorus is equal to or is less than that required
under subsection (c2) of this section. If, after any 12-month period following approval
of a greater concentration at a decreased permitted flow, the Commission finds that the
greater concentration at a decreased permitted flow does not result in an average annual
mass load of total nitrogen or total phosphorus equal to or less than those that would be
achieved under subsections (cl) and (c2) of this section, the Commission shall rescind
a.s. 143-215.1
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Electronic Filing - Received, Clerk's Office, October 16, 2008
its approval of the greater concentration at a decreased permitted flow and the
requirements
of subsections (c1) and (c2) of this section shall apply.
(c5) For surface waters to which the limits set out in subsection (c1) or (c2) of this
section apply and for which a calibrated nutrient response model that meets the
requirements
of this subsection has been approved by the Commission, mass load limits
for total nitrogen or total phosphorus shall be based on the results
of the nutrient
response model. A calibrated nutrient response model shall be developed and
maintained with current data, be capable
of predicting the impact of nitrogen or
phosphorus in the surface waters, and incorporated into nutrient management plans by
the Commission. The maximum mass load for total nitrogen or total phosphorus
established by the Commission shall be substantiated by the model and may require
individual discharges to be limited
at concentrations that are different than those set out
in subsection (c1) or (c2) of this section. A calibrated nutrient response model shall be
developed by the Department in conjunction with the affected parties and
is subject to
approval by the Commission.
(c6)
For surface waters that the Commission classifies as nutrient sensitive waters
(NSW) on
or
after 1 July 1997, the Commission shall establish a date by which facilities
that were placed into operation prior to the date on which the surface waters are
classified NSW
or
for which an authorization to construct was issued prior to the date
on which the surface waters are classified NSW must comply with subsections (c1) and
(c2) of this section. The Commission shall establish the compliance date at the time of
the classification. The Commission shall not establish a compliance date that is more
than five years after the date
of the classification. The Commission may extend the
compliance date as provided in G.S. 143-215.1B. A request to extend a compliance date
shall be submitted within 120 days
of the date on which the Commission reclassifies a
surface water body as NSW.
(d)
Applications and Permits for Sewer Systems, Sewer System Extensions and
Pretreatment Facilities, Land Application
of Waste, and for Wastewater Treatment
Facilities Not Discharging to the Surface Waters of the State.
(I)
All applications for new permits and for renewals of existing permits
for sewer systems, sewer system extensions and for disposal systems,
and for land application
of waste, or treatment works which do not
discharge to the surface waters
of the State, and all permits
or
renewals
and decisions denying any application for permit or renewal shall be in
writing. The Commission shall act on a permit application as quickly
as possible. The Commission may conduct any inquiry or investigation
it considers necessary before acting on an application and may require
an applicant to submit plans, specifications, and other information the
Commission considers necessary to evaluate the application.
If the
Commission fails
to act on an application for a permit, including a
renewal of a permit, within 90 days after the applicant submits all
information required by the Commission, the application
is considered
to be approved. Permits and renewals issued in approving such
facilities pursuant
to this subsection shall be effective until the date
G.S. 143-215.1
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Electronic Filing - Received, Clerk's Office, October 16, 2008
specified therein or until rescinded unless modified or revoked by the
Commission. Local governmental units to whom pretreatment program
authority has been delegated shall establish, maintain, and provide to
the public, upon written request, a list of pretreatment applications
received.
(2)
An applicant for a permit to dispose of petroleum contaminated soil by
land application shall give written notice that he intends to apply for
such a permit to each city and county government having jurisdiction
over any part of the land on which disposal is proposed to occur. The
Commission shall not accept such a permit application unless it is
accompanied by a copy of the notice and evidence that the notice was
sent to each such government by certified mail, return receipt
requested. The Commission may consider, in determining whether to
issue the permit, the comments submitted by local governments.
(d1) Each applicant under subsections (c) or (d) for a permit (or the renewal
thereof) for the operation of a treatment works for a private multi-family or single
family residential development, in which the owners of individual residential units are
required to organize as a lawfully constituted and incorporated homeowners' association
of a subdivision, condominium, planned unit development, or townhouse complex, shall
be required to enter into an operational agreement with the Commission as a condition
of any such permit granted. The agreement shall address, as necessary, construction,
operation, maintenance, assurance of financial solvency, transfers of ownership and
abandonment of the plant, systems, or works, and shall be modified as necessary to
reflect any changed condition at the treatment plant or in the development. Where the
Commission finds appropriate, it may require any other private residential subdivision,
condominium, planned unit development or townhouse complex which is served by a
private treatment works and does not have a lawfully constituted and incorporated
homeowners' association, and for which an applicant applies for a permit or the renewal
thereof under subsections (c) or (d), to incorporate as a lawfully constituted
homeowners' association, and after such incorporation, to enter into an operational
agreement with the Commission and the applicant as a condition of any permit granted
under subsections (c) or (d). The local government unit or units having jurisdiction over
the development shall receive notice of the application within an established comment
period and prior to final decision.
(e)
Administrative Review. A permit applicant or permittee who is dissatisfied
with a decision of the Commission may commence a contested case by filing a petition
under G.S. 150B-23 within 30 days after the Commission notifies the applicant or
permittee of its decision. If the permit applicant or permittee does not file a petition
within the required time, the Commission's decision is final and is not subject to review.
(f)
Local Permit Programs for Sewer Extension and Reclaimed Water
Utilization.
Municipalities, counties, local boards or commissions, water and sewer
authorities, or groups of municipalities and counties may establish and administer
within their utility service areas their own general permit programs in lieu of State
permit required in G.S. 143-215. 1(a)(2), (3), and (8) above, for construction, operation,
G.S. 143-215.1
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Electronic Filing - Received, Clerk's Office, October 16, 2008
alteration, extension, change of proposed or existing sewer system, subject to the prior
certification of the Commission. For purposes of this subsection, the service area of a
municipality shall include only that area within the corporate limits of the municipality
and that area outside a municipality in its extraterritorial jurisdiction where sewer
service or a reclaimed water utilization system is already being provided by the
municipality to the permit applicant or connection to the municipal sewer system or a
reclaimed water utilization system is immediately available to the applicant; the service
areas of counties and the other entities or groups shall include only those areas where
sewer service or a reclaimed water utilization system is already being provided to the
applicant by the permitting authority or connection to the permitting authority's system
is immediately available. No later than the 180th day after the receipt of a program and
statement submitted by any local government, commission, authority, or board the
Commission shall certify any local program that does all of the following:
(1)
Provides by ordinance or local law for requirements compatible with
those imposed by this Part and the rules implementing this Part.
(2)
Provides that the Department receives notice and a copy of each
application for a permit and that it receives copies of approved permits
and plans upon request by the Commission.
(3)
Provides that plans and specifications for all construction, extensions,
alterations, and changes be prepared by or under the direct supervision
of an engineer licensed to practice in this State.
(4)
Provides for the adequate enforcement of the program requirements by
appropriate administrative and judicial process.
(5)
Provides for the adequate administrative organization, engineering
staff, financial and other resources necessary to effectively carry out its
plan review program.
(6)
Provides that the system is capable of interconnection at an appropriate
time with an expanding municipal, county, or regional system.
(7)
Provides for the adequate arrangement for the continued operation,
service, and maintenance of the sewer or a reclaimed water utilization
system.
(8)
Is approved by the Commission as adequate to meet the requirements
of this Part and the rules implementing this Part.
(fl)
The Commission may deny, suspend, or revoke certification of a local
program upon a finding that a violation of the provisions in subsection (f) of this section
has occurred. A denial, suspension, or revocation of a certification of a local program
shall be made only after notice and a public hearing. If the failure of a local program to
carry out this subsection creates an imminent hazard, the Commission may summarily
revoke the certification of the local program. Chapter 150B of the General Statutes does
not apply to proceedings under this subsection.
(f2)
Notwithstanding any other provision of subsections (f) and (fl) of this
section, if the Commission determines that a sewer system, treatment works, or disposal
system is operating in violation of the provisions of this Article and that the appropriate
local authorities have not acted to enforce those provisions, the Commission may, after
G.S.143-215.1
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Electronic Filing - Received, Clerk's Office, October 16, 2008
written notice to the appropriate local government, take enforcement action
In
accordance with the provisions of this Article.
(g)
Any person who is required to hold a permit under this section shall submit to
the Department a written description of his current and projected plans to reduce the
discharge of waste and pollutants under such permit by source reduction or recycling.
The written description shall accompany the payment of the annual permit fee. The
written description shall also accompany any application for a new permit, or for
modification of an existing permit, under this section. The written description required
by this subsection shall not be considered part of a permit application and shall not
serve as the basis for the denial of a permit or permit modification.
(h)
Each applicant for a new permit or the modification of an existing permit
issued under subsection (c) of this section shall include with the application: (i) the
extent to which the new or modified facility is constructed in whole or in part with
funds provided or administered by the State or a unit of local government, (ii) the
impact of the facility on water quality, and (iii) whether there are cost-effective
alternative technologies that will achieve greater protection of water quality. The
Commission shall prepare a quarterly summary and analysis of the information
provided by applicants pursuant to this subsection. The Commission shall submit the
summary and analysis required by this subsection to the Environmental Review
Commission (ERC) as a part of each quarterly report that the Commission is required to
make to the ERC under G.S. 143B-282(b). (1951, c. 606; 1955, c. 1131, s. 1; 1959, c.
779, s. 8; 1967, c. 892, s. 1; 1971, c. 1167, s. 6; 1973, c. 476, s. 128; c. 821, s. 5; c.
1262, s. 23; 1975, c. 19, s. 51; c. 583, ss. 2-4; c. 655, ss. 1,2; 1977, c. 771, s. 4; 1979, c.
633, s. 5; 1985, c. 446, s. 1; c. 697, s. 2; 1985 (Reg. Sess., 1986), c. 1023, ss. 1-5; 1987,
c. 461, s. 1; c. 734, s. 1; c. 827, ss. 154,159; 1989, c. 51, s. 2; c. 168, s. 29; c. 453, ss. 1,
2; c. 494, s. 1; c. 727, ss. 160, 161; 1989 (Reg. Sess., 1990), c. 1004, s. 17; c. 1024, s.
33; c. 1037, s. 1; 1991, c. 156, s. 1; c. 498, s. 1; 1991 (Reg. Sess., 1992), c. 944, s. 12;
1995 (Reg. Sess., 1996), c. 626, s. 2; 1997-458, ss. 6.1, 9.1, 11.2; 1997-496, s. 3;
1998-212, s. 14.9H(b), (d); 1999-329, s. 10.1; 2004-195, s. 1.5; 2006-250, s. 5;
2007-182, s. 2.)
G.S.143-215.1
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Exhibit 6
North Carolina Administrative
Code: 15A NCAC 2T Section .1100
Electronic Filing - Received, Clerk's Office, October 16, 2008
ENR
-
ENVIRONMENTAL MANAGEMENT
SECTION .1100 RESIDUALS MANAGEMENT
09101106
15A NCAC 02T .1101
SCOPE
This Section applies to the treatment, storage, transportation, use, and disposal of residuals. Not regulated under this
Section is the treatment, storage, transportation, usc, or disposal of:
(I)
oil, grease, grit and screenings from wastewater treatment facilities;
(2)
septage from wastewater treatment facilities;
(3)
ash that is regulated in accordance with Section .1200;
(4)
residuals that are regulated in accordance with Section .1300 and Section .1400
ofthis Subchapter;
(5)
residuals that are prepared for land application, used, or disposed
of in a solid waste management
facility permitted
by the Division of Waste Management;
(6)
residuals that are disposed
of in an incinerator permitted by the Division of Air Quality;
(7)
residuals that are transported out of state for treatment, storage, use, or disposal; and
(8)
residuals that meet the definition
ofa hazardous waste in accordance with 40 CFR 260.10 as adopted
by reference in 15A NCAC 13A
.01 02(b) or that have a concentration ofpolychlorinated biphenyls
equal to
or greater than 50 milligrams per kilogram of total solids (i.e., dry weight basis).
History Note:
Authority
G.S.
143-215.1;
143-215.3(a);
Eff. September 1,2006.
15A NCAC 02T .1102
DEFINITIONS
As used in this Section:
(I)
"Aerobic digestion" shall mean the biochemical decomposition of organic matter in residuals into
carbon dioxide and water by microorganisms in the presence
of air.
(2)
"Agricultural land" shall mean land
on which a food crop, feed crop, or fiber crop is grown.
(3)
"Anaerobic digestion" shall mean the biochemical decomposition
oforganic matter in residuals into
methane gas and carbon dioxide by microorganisms in the absence
of air.
(4)
"Bag and other container" shall mean a bag, bucket, bin, box, carton, vehicle, trailer, tanker, or an
open
or closed receptacle with a load capacity of 1.102 short tons or one metric ton or less.
(5)
"Base flood" shall mean a flood that has a one percent change
ofoccurring in any given year (i.e., a
flood with a magnitude equaled once in 100 years).
(6)
"Biological residuals" shall mean residuals that have been generated during the treatment
ofdomestic
wastewater, the treatment
of animal processing wastewater, or the biological treatment of industrial
wastewater.
(7)
"Biological treatment" shall mean treatment in a system that utilizes biological processes that shall
include lagoons, activated sludge systems, extended aeration systems, and fixed film systems.
(8)
"Bulk residuals" shall mean residuals that are transported and not sold
or given away in a bag or other
container for application to the land.
(9)
"Cover" shall mean soil
or other material used to cover residuals placed in a surface disposal unit.
(10)
"Cumulative pollutant loading rate" shall mean the maximum amount
ofa pollutant that can be applied
to a unit area
of land.
(II)
"Dedicated program" shall mean a program involving the application ofbulk residuals in which any of
the permitted land meets the definition of a dedicated land application site.
(12)
"Dedicated land application site" shall mean land:
(a)
to which bulk residuals are applied at greater than agronomic rates,
(b)
to which bulk residuals are applied through fixed irrigation facilities or irrigation facilities
fed through a
fixed supply system, or
(c)
where the primary use
ofthe land is for the disposal ofbulk residuals, and agricultural crop
production is
of secondary importance.
(13)
"Density
ofmicroorganisms" shall mean the number ofmicroorganisms per unit mass oftotal solids
(i.e., dry weight basis) in the residuals.
(14)
"Dry weight basis" shall mean the weight calculated after the residuals have been dried at 105 degrees
Celsius until they reach a constant mass.
(15)
"Feed crop" shall mean a crop produced for consumption
by animals.
(16)
"Fiber crop" shall mean a crop grown for fiber production. This shall include flax and cotton.
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(17)
"Food crop" shall mean a crop produced for consumption by humans. This shall include fruits,
vegetables, and tobacco.
(18)
"Grit" shall mean sand, gravel, cinders, or other materials with a high specific gravity generated during
preliminary treatment of wastewater in a wastewater treatment facility.
(19)
"Incorporation" shall mean the mixing ofresiduals with top soil to a minimum depth offour inches by
methods such as discing, plowing, and rototilling.
(20)
"Injection" shall mean the subsurface application ofliquid residuals to a depth
offour to 12 inches.
(21)
"Land application" shall mean the spraying or spreading of residuals onto the land surface; the
injection ofresiduals below the land surface; or the incorporation ofresiduals into the soil so that the
residuals can condition the soil or fertilize crops or vegetation grown in the soil.
(22)
"Lower explosive limit for methane gas" shall mean the lowest percentage of methane gas in air, by
volume, that propagates a flame at 25 degrees Celsius and atmospheric pressure.
(23)
"Monthly average" shall mean the arithmetic mean of all measurements taken during the month.
(24)
"Pathogens" shall mean disease-causing organisms including disease-causing bacteria, protozoa,
viruses, and viable helminth ova.
(25)
"Place residuals" shall mean to dispose of residuals in a surface disposal unit.
(26)
"Person who prepares residuals" shall mean either the person who generates residuals during the
treatment of waste in a wastewater treatment facility or the person who derives a material from
residuals.
(27)
"Pollutant limit" shall mean a numerical value that describes the amount ofa pollutant allowed per unit
amount of residuals or the amount ofa pollutant that can be applied to a unit area of land.
(28)
"Public contact site" shall mean land with a high potential for contact by the public as defined in 40
CFR 503. I I(I). This shall include public parks, ball fields, cemeteries, plant nurseries,
turf
farms, and
golf courses.
(29)
"Runoff' shall mean rainwater, leachate, or other liquid that drains overland and runs offofthe land
surface.
(30)
"Screenings" shall mean rags or other relatively large materials generated during preliminary treatment
of wastewater in a wastewater treatment facility.
(31)
"Seismic impact zone" shall mean an area that
has
a 10 percent or greater probability that the
horizontal ground level acceleration ofthe rock in the area exceeds 0.10 gravity once in 250 years.
(32)
"Specific oxygen uptake rate (SOUR)" shall mean the mass ofoxygen consumed perunit time per unit
mass oftotal solids (i.e.,
dry
weight basis) in the residuals.
(33)
"Surface disposal unit" shall mean the land on which only residuals are placed for final disposal, not
including land on which residuals is either treated or stored. This shall include monofills, lagoons, and
trenches.
(34)
"Surface disposal unit boundary" shall mean the outermost perimeter of a surface disposal unit.
(35)
"Total solids" shall mean the materials that remain as residue after the residuals have been dried at
between 103 and 105 degrees Celsius until they reach a constant mass.
(36)
"Water treatment residuals" shall mean residuals that have been generated during the treatment of
potable or process water.
(37)
"Unstabilized residuals" shall mean residuals that have not been treated in either an aerobic or an
anaerobic treatment process.
(38)
"Unstable area" shall mean land subject to natural or human-induced forces that may damage the
structural components ofa surface disposal unit. This shall include land on which the soils are subject
to mass movement.
(39)
"Vector attraction" shall mean the characteristic ofresiduals that attracts rodents, flies, mosquitoes, or
other organisms capable
oftransporting infectious agents.
(40)
"Volatile solids" shall mean the amount
of the total solids in the residuals lost when they are
combusted at 550 degrees Celsius in the presence
of excess air.
History Note:
Authority G.s.
143-215.1;
143-215.3(a);
E.ff. September 1,2006.
15A NCAC 02T .1103
PERMITTING BY REGULATION
(a) The following systems are deemed permitted pursuant to Rule .0113 ofthis Subchapter provided the system meets
the criteria in Rule .0113 ofthis Subchapter and all criteria required for the specific system in this Rule:
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(1)
Preparation for land application, use, or disposal ofresiduals in a solid waste facility permitted by the
Division
of Waste Management that is approved to receive the residuals.
(2)
Land application
of residuals that have been prepared for land application in a solid waste facility
permitted
by the Division of Waste Management approved to receive the residuals as long as the
requirements
of this Section are met.
(3)
Land application sites onto which residuals that
are sold or given away in a bag or other container, are
applied provided the following criteria is met:
(A)
the residuals
meet the pollutant limits in Rule .11 05(a) and Rule .11 05(c) of this Section,
(B)
the residuals meet the pathogen requirements in Rule
.1 I06(a)(l) ofthis Section,
(C)
the residuals mcet the vector attraction reduction requircments in Rule
.1 I07(a) of this
Section, and
(D)
the land application activities
are carried out according to the instructions provided in the
informational sheet
or bag or other container label as required in Rule .1l09(a) ofthis
Section.
(4)
Land application sites onto which bulk biological residuals are applied, provided that the residuals and
activities meeting the following criteria:
(A)
the residuals meet the pollutant limits in Rule .l105(a) and Rule .1 I05(c) of this Section,
(B)
the residuals meet the pathogen requirements in Rule
.11 06(b) ofthis Section,
(C)
the residuals
meet the vector attraction reduction requirements in Rule .1l07(a) of this
Section, and
(D)
the land application activities meet all applicable conditions
of Rule .II08(b)(I) and Rule
.11 09(b)
ofthis Section.
(5)
Land application sites onto which residuals generated from the treatment
ofpotable or fresh water or
that are generated from the treatment of non-biological industrial wastewater with no domestic or
municipal wastewater contributions are applied, provided that the residuals and activities meet the
following criteria:
(A)
the residuals
meet the pollutant limits in Rule .1 I05(a) and Rule .1 I05(c) ofthis Section,
(B)
the residuals meet the pathogen requirements
in Rule .II06(b) ofthis Section, and
(C)
the land application activities meet all applicable conditions
of Rule .1l08(b)(l) and Rule
.1109
ofthis Section.
(6)
Transportation
ofresiduals from the residuals generating source facility to other Division or Division
of Waste Management facilities approved to treat, store, use, or dispose the residuals.
(b) The Director
may determine that a system should not be deemed permitted in accordance with this Rule and Rule
.0113
of this Subchapter. This determination shall be made in accordance with Rule .01 13(e) ofthis Subchapter.
History Note:
Authority
G.S.
143-215.1;
143-215.3(a);
Eff. September 1,2006.
a scaled map of the site, with topographic contour intervals not exceeding 10 feet or 25
percent
of total site relief and showing all facility-related structures and fences within the
treatment
and storage areas;
the location
of all wells (including usage and construction details if available), streams
(ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage
features within 500 feet
of all treatment and storage facilities and delineation ofthe review
and compliance boundaries;
setbacks
as required by Rule .1108 of this Section; and
site property boundaries within 500 feet
of all treatment and storage facilities.
(B)
(C)
(D)
15A NCAC 02T .1104
APPLICATION SUBMITTAL
(a) For new and expanding residuals treatment and storage facilities:
(1)
Site plans.
Ifrequired by G.S. 89C, a professional land surveyor shall provide loeation information on
boundaries and physical features not under the purview of other licensed professions. Site plans or
maps shall be provided to the Division by the applicant depicting the location, orientation and
relationship
of facility components including:
(Note:
The North Carolina Board ofExarniners for Engineers and Surveyors
has
determined, via letter
dated December
I, 2005, that locating boundaries and physical features, not under the purview ofother
licensed professions,
on maps pursuant to this Paragraph constitutes practicing surveying under G.S.
89C.]
(A)
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(2)
Engineering design doeuments. Ifrequired by G.S. 89C, a professional engineer shall prepare these
documents. The following documents shall
be provided to the Division by the applicant:
[Note: The North Carolina Board
ofExaminers for Engineers and Surveyors has detennined, via letter
dated December 1,2005, that preparation
ofengineering design documents pursuant to this Paragraph
constitutes practicing engineering under G.S. 89C.]
(A)
engineering plans for the facilities and equipment except those previously pennitted unless
they are directly tied into the new units
or are critical to the understanding of the complete
process;
(B)
specifications describing materials to be used, methods
of construetion, and means for
ensuring quality and integrity
of the finished product including leakage testing; and
(C)
engineering calculations including hydraulic and pollutant loading for each unit, unit sizing
criteria, hydraulic profile
ofthe facilities, total dynamic head and system curve analysis for
each pump, and buoyancy calculations.
(b)
For new and modified sources of residuals:
(1)
Site maps shall be provided to the Division
by the applicant depicting the location of the source.
(2)
A
complete analysis
ofthe residuals shall be provided to the Division by the applicant. The analysis
may include all pollutants identified
in Rule .1105 of this Section, nutrients and micronutrients,
hazardous waste characterization tests, and
proof of compliance with Rule .1106 and Rule .1107 of
this Section if applicable.
(3)
A sampling/monitoring plan that describes how compliance with Rule .1105, Rule .1106, and Rule
.1107
ofthis Scction if applicable shall be provided to the Division by the applicant.
(c)
For new and expanding non-dedicated land application sites:
(1)
Buffer maps shall
be provided to the Division by the applicant depicting the location, orientation and
relationship
of land application site features including:
(A)
a scaled map
ofthe land application site, showing all related structures and fences within the
land application area;
(B)
the location
of all wells, streams (ephemeral, intennittent, and perennial), springs, lakes,
ponds, and other
surfilce drainage features within 500 feet of the land application area and
delineation
ofthe review and compliance boundaries;
(C)
setbacks as required
by Rule .1108 ofthis Section; and
(D)
property boundaries within
500 feet of the land application site.
(2)
Soils Report.
A soil evaluation of the land application site shall be provided to the Division by the
applicant. This evaluation shall
be presented in a report that includes the following. Ifrequired by
G.S. 89F, a soil scientist shall prepare this evaluation:
[Note: The North Carolina Board for Licensing
of Soil Scientists has detennined, via letter dated
December
I, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing
soil science under G.S. 89F.]
(A)
Confirmation
of a county soils map, soil evaluation, and verification of the presence or
absence ofa seasonal high water table within three feet ofland surface or establishment ofa
soil map through field description
ofsoil profile, based on examinations ofexcavation pits or
auger borings,
within seven feet of land surface or to bedrock describing the following
parameters
by individual diagnostic horizons: thickness of the horizon; texture; color and
other diagnostic features; structure; internal drainage; depth, thickness, and
type
ofrestrictive
horizon(s); and presence
or absence and depth ofevidence of any seasonal high water table
(SHWT).
(B)
A representative soils analysis for standard soil fertility and all pollutants listed in Rule
.1105(b)
of this Section. The Standard Soil Fertility Analysis shall include the following
parameters: acidity; basc saturation
(by calculation); calcium; cation exchange capacity;
copper; exchangeable sodium percentage
(by calculation); magnesium; manganese; percent
humic matter; pH; phosphorus; potassium; sodium, and zinc.
(3)
A project evaluation and a land application site management plan (if applicable) with
recommendations concerning cover crops and their ability to accept the proposed application rates
of
liquid, solids, minerals and other constituents of the residuals shall be provided to the Division.
(4)
Unless the land application site is owned by the Pennittee, property ownership documentation
consisting
of a notarized landowner agreement shall be provided to the Division.
(d)
For new and expanding dedicated land application sites:
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(1)
Site plans. Ifrequired by G.S. 89C, a professional land surveyor shall provide loeation infonnation on
boundaries and physical features not under the purview
of other licensed professions. Site plans or
maps shall be provided to the Division by the applicant depieting the location, orientation and
relationship
of land application site features including:
[Note: The North Carolina Board
ofExaminers for Engineers and Surveyors has determined, via letter
dated December 1,2005, that locating boundaries and physical features, not under the purview
ofother
licensed professions,
on maps pursuant to this Paragraph constitutes practicing surveying under G.S.
89C.]
(A)
a scaled map
of the site, with topographic eontour intervals not exceeding 10 feet or 25
percent
of total site relief and showing all fucility-related structures and fences within the
land application area;
(B)
the location
of all wells (including usage and construction details if available), streams
(ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage
features within 500 feet
of the land application site and delineation of the review and
compliance boundaries;
(C)
setbacks as required by Rule .1108
ofthis Section; and
(D)
property boundaries within 500 feet
of the land application site.
(2)
Engineering design documents (for land applications sites onto which bulk residuals are applied
through fixed irrigation facilities
or irrigation facilities fed through a fixed supply system only). If
required by G.S. 89C, a professional engineer shall prepare these documents. The following
documents shall be provided to the Division by the applicant:
[Note: The North Carolina Board
ofExaminers for Engineers and Surveyors
has
determined, via letter
dated December 1,2005, that preparation
ofengineering design documents pursuant to this Paragraph
constitutes practicing engineering under G.S. 89C.]
(A)
engineering plans for the facilities and equipment except those previously permitted unless
they are directly tied into the new units
or are critieal to the understanding of the complete
process;
(B)
specifications describing materials to
be used, methods of construction, and means for
ensuring quality and integrity
ofthe finished product including leakage testing; and
(C)
engineering calculations including hydraulie and pollutant loading, sizing criteria, hydraulic
profile, total dynamic head and system curve analysis for each pump, and irrigation design.
(3)
Soils Report. A soil evaluation
ofthe land application site shall be provided. This evaluation shall be
presented to the Division by the applicant in a report that includes the following. Ifrequired by G.S.
89F, a soil scientist shall prepare this evaluation:
[Note: The North Carolina Board for Licensing
of Soil Scientists has determined, via letter dated
December
1, 2005, that preparation ofsoils reports pursuant to this Paragraph constitutes practicing
soil science under G.S. 89F.]
(A)
Field description
ofsoil profile, based on examinations ofexcavation pits or auger borings,
within seven feet
of land surface or to bedrock describing the following parameters by
individual diagnostic horizons: thickness
ofthe horizon; texture; color and other diagnostic
features; structure; internal drainage; depth, thickness, and type
ofrestrictive horizon(s); and
presence or absence and depth
of evidence of any seasonal high water table (SHWT).
Applicants shall dig pits
if necessary for proper evaluation ofthe soils at the site.
(B)
Recommendations concerning loading rates ofliquids, solids, other residuals constituents and
amendments (i.e., for land application sites onto which bulk residuals are applied through
fixed irrigation facilities
or irrigation facilities fed through a fixed supply system only).
Annual hydraulic loading rates shall
be based on in-situ measurement ofsaturated hydraulic
conductivity in the most restrictive horizon for each soil mapping unit. Maximum irrigation
precipitation rates shall
be provided for each soil mapping unit.
(C)
A soil map delineating soil mapping units within the land application site and showing all
physical features, location
ofpits and auger borings, legends, scale, and a north arrow.
(D)
A representative soils analysis for standard soil fertility and all pollutants listed in Rule
.11 05(b) of this Section. The Standard Soil Fertility Analysis shall include the following
parameters: acidity, base saturation (by calculation),
calcilJIIl. cation exchange capacity,
copper, exchangeable sodium percentage (by calculation), magnesium, manganese, percent
hurnic matter, pH, phosphorus,
potassilJIIl. sodium, and zinc.
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(4)
A hydrogeologic description prepared by a Licensed Geologist, License Soil Scientist, or Professional
Engineer ifrequired by Chapters 89E, 89F, or 89C respectively ofthe subsurface to a depth of20 feet
or bedrock, whichever is less, shall be provided to the Division by the applicant. A greater depth of
investigation is required ifthe respective depth is used in predictive calculations. This evaluation shall
be based on borings for which the numbers, locations, and depths are sufficient to define the
components ofthe hydrogeologic evaluation. In addition to borings, other techniques may be used to
investigate the subsurface conditions at the site. These techniques may include geophysical well logs,
surface geophysical surveys, and tracer studies. This evaluation shall be presented in a report that
includes the following components:
[Note: The North Carolina Board for Licensing ofGeologists, via letter dated April 6, 2006, North
Carolina Board for Licensing ofSoil Scientists, via letter dated December 1,2005, and North Carolina
Board ofExaminers for Engineers and Surveyors, via letterdated December 1,2005, have determined
that preparation of hydrogeologic description documents pursuant to this Paragraph constitutes
practicing geology under G.S. 89E, soil science under G.S. 89F, or engineering under G.S. 89C.]
(A)
a description of the regional and local geology and hydrogeology;
(B)
a description, based on field observations ofthe land application site, ofthe land application
site topographic setting, streams, springs and other groundwater discharge features, drainage
features, existing and abandoned wells, rock outcrops, and other fcatures that may affect the
movement of the contaminant plume and treated wastewater;
(C)
changes in lithology underlying the land application site;
(D)
depth to bedrock and occurrence of any rock outcrops;
(E)
the hydraulic conductivity and transmissivity of the affected aquiferes);
(F)
depth to the seasonal high water table;
(G)
a discussion of the relationship between the affected aquifers ofthe land application site to
local and regional geologic and hydrogeologic features;
(H)
a discussion ofthe groundwater flow regime ofthe land application site prior to operation of
the proposed site and post operation ofthe proposed site focusing on the relationship ofthe
site to groundwater receptors, groundwater discharge features, and groundwater flow media;
and
(1)
ifresiduals are applied through fixed irrigation facilities or irrigation facilities fed through a
fixed supply system only and if the SHWT is within six feet of the surface, a mounding
analysis to predict the level ofthe SHWT after residuals land application.
(5)
For land application sites onto which bulk residuals are applied through fixed irrigation facilities or
irrigation facilities fed through a fixed supply system only, a water balanee shall be provided to the
Division by the applicant that determines required residuals storage based upon the most limiting
factor ofthe hydraulie loading based on either the most restrictive horizon or groundwater mounding
analysis; or nutrient management based on either agronomic rates for the specified cover crop or crop
management requirements.
(6)
A project evaluation and a receiver site management plan (if applicable) with recommendations
concerning cover crops and their ability to accept the proposed application rates of liquid, solids,
minerals and other constituents ofthe residuals shall be provided to the Division by the applicant.
(7)
Property Ownership Documentation shall be provided to the Division by the applicant consisting of:
(A)
legal documentation of ownership (i.e., contract, deed or article of incorporation);
(B)
written notarized intent to purchase agreement signed by both parties, accompanied by a plat
or survey map; or
(C)
written notarized lease agreement signed by both parties, specifically indicating the intended
use of the property, as well as a plat or survey map. Lease agreements shall adhere to the
requirements of 15A NCAC 02L .0107.
(e) For new and expanding surface disposal units:
(I)
Site plans. Ifrequired by G.S. 89C, a professional land surveyor shall provide location information on
boundaries and physical features not under the purview of other licensed professions. Site plans or
maps shall be provided to the Division by the applicant depicting the location, orientation and
relationship ofthe surface disposal unit features including:
[N
ote: The North Carolina Board ofExarniners for Engineers and Surveyors has determined, via letter
dated December 1,2005, that locating boundaries and physical features, not under the purview ofother
licensed professions, on maps pursuant to this Paragraph constitutes practicing surveying under G.S.
89C.]
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(A)
a scaled map ofthe surfacc disposal unit, with topographic contour intervals not exceeding
10 feet or 25 percent of total site relief and showing all surface disposal unit-related
structures and fences within the surface disposal unit;
(B)
the location
of all wells (including usage and construction details if available), streams
(ephemeral, intermittent, and perennial), springs, lakes, ponds, and other surface drainage
features within 500 feet
of the surface disposal unit and delineation of the review and
compliance boundaries;
(C)
setbacks as required by Rule .1108
of this Section; and
(D)
site property boundaries within 500 feet
ofthc surface disposal unit.
(2)
Engineering design documents.
Ifrequired by G.S. 89C, a professional engineer shall prepare these
documents. The following documents shall be provided to the Division
by the applicant:
[Note: The North Carolina Board
ofExaminers for Engineers and Surveyors
has
detennined, via letter
dated December I, 2005, that preparation
ofengineering design documents pursuant to this Paragraph
constitutcs practicing engineering under G.S. 89C.]
(A)
engineering plans for the surface disposal unit and equipment except those previously
permitted unless they are directly tied into the
new units or are critical to the understanding of
the complete process;
(B)
specifications describing materials to be used, methods
of construction, and means for
ensuring quality and integrity
ofthe finished product including leakage testing; and
(C)
engineering calculations including hydraulic and pollutant loading, sizing criteria, hydraulic
profile, and total dynamic head and system curve analysis for each pump.
(3)
Soils Report. A soil evaluation
ofthe surfuce disposal unit site shall be provided to the Division by the
applicant in a report that includes the following.
If
required by G.S. 89F, a soil scientist shall prepare
this evaluation:
[Note: The North Carolina Board for Licensing
of Soil Scientists has determined, via letter dated
December
1, 2005, that preparation of soils reports pursuant to this Paragraph constitutes practicing
soil science under G.S. 89F.]
(A)
Field description
ofsoil profile, based on examinations ofexcavation pits or auger borings,
within seven feet
of land surface or to bedrock describing the following parameters by
individual diagnostic horizons: thickness
ofthe horizon; texture; color and other diagnostic
features; structure; internal drainage; depth, thickness, and type
ofrestrictive horizon(s); and
presence
or absence and depth of evidence of any seasonal high water table (SHWT).
Applicants may
be required to dig pits when necessary for proper evaluation ofthe soils at
the site.
(B)
A soil map delineating major soil mapping units within the surface disposal unit site and
showing all physical features, location
ofpits and auger borings, legends, scale, and a north
arrow.
(4)
A hydrogeologic description prepared by a Licensed Geologist, License Soil Scientist, or Professional
Engineer
ifrequired by Chapters 89E, 89F, or 89C respectively ofthe subsurface to a depth of20 feet
or bedrock, whichever is less, shall be provided to the Division by the applicant. A greater depth of
investigation is required ifthe respective depth is used in predictive calculations.
This
evaluation shall
be based on borings for which the numbers, locations, and depths arc sufficient to define the
components
ofthe hydrogeologic evaluation.
In
addition to borings, other techniques may be used to
investigate the subsurface conditions at the site. These techniques include geophysical well logs,
surface geophysical surveys, and tracer studies. This evaluation shall
be presented in a report that
includes the following components:
[Note: The North Carolina Board for Licensing
of Geologists, via letter dated April 6, 2006, North
Carolina Board for Licensing
ofSoil Scientists, via letter dated December 1,2005, and North Carolina
Board
ofExaminers for Engineers and Surveyors, via letter dated December I, 2005, have detennined
that preparation
of hydrogeologic description documents pursuant to this Paragraph constitutes
practicing geology under G.S. 89E, soil science under G.S. 89F,
or engineering under G.S. 89C.]
(A)
a description
of the regional and local geology and hydrogeology;
(B)
a description, based
on field observations ofthe site, ofthe site topographic setting, streams,
springs and other groundwater discharge features, drainage features, existing and abandoned
wells, rock outcrops, and other features that may affect the movement
of the contaminant
plume and treated wastewater;
(C)
changes in lithology underlying the site;
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(5)
History Note:
(D)
depth to bedrock and occurrence of any rock outcrops;
(E)
the hydraulic conductivity and transmissivity
ofthe affccted aquifer(s);
(F)
depth to the seasonal high water table;
(G)
a discussion ofthe relationship between the affected aquifers ofthe site to local and regional
geologic and hydrogeologic features; and
(H)
a discussion of the groundwater flow regime of the site prior to operation of the proposed
unit and post operation
of the proposed unit focusing on the relationship of the unit to
groundwater receptors, groundwater discharge features, and groundwater flow media.
Property Ownership Documentation shall be provided to the Division by the applicant consisting of:
(A)
legal documentation
of ownership (i.e., contract, deed or article of incorporation);
(B)
written notarized intent to purchase agreement signed by both parties, accompanied by a plat
or survey map; or
(C)
written notarized lease agreement signed by both parties, specifically indicating the intended
use
of the property, as well as a plat or survey map. Lease agreements shall adhere to the
requirements
of 15A NCAC 02L .0107.
Authority G.s.
143-215.1;
/43-215.3(a);
Eff September 1,2006.
15A NCAC 02T .lI05
POLLUTANT LIMITS
(a) Bulk residuals or residuals that are sold or given away in a bag or other container shall not be applied to the land if
the concentration ofany pollutant in the residuals exceeds the ceiling concentration for that pollutant as stipulated in the
following (i.e., on a dry weight basis):
Pollutant
Arsenic
Cadmium
Copper
Lead
Mercury
Molybdenum
Nickel
Selenium
Zinc
Ceiling Concentration
(milligrams per kilogram)
75
85
4,300
840
57
75
420
100
7,500
(b) Bulk residuals shall not be applied to the land
if the land application causes the exceedance of the cumulative
pollutant loading rate for any pollutant as stipulated in the following (i.e., on a dry weight basis):
Pollutant
Arsenic
Cadmium
Copper
Lead
Mercury
Nickel
Selenium
Zinc
Cumulative Pollutant
Loading Rate
(kilograms per hectare)
41
39
1,500
300
17
420
100
2,800
(I)
A person shall determine compliance with the cumulative pollutant loading rates using one of the
following methods:
(A)
by calculating the existing cumulative Ieve!
ofpollutants using actual analytical data from all
historical land application events
of residuals not otherwise exempted by this Paragraph or
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(B)
for land on which land application events ofresiduals has not occurred or for which the data
required in Rule
.11 05(b) is incomplete, by determining background concentrations through
representative soil sampling.
(2)
When applied to the land, bulk residuals shall
be exempt from complying with this Paragraph as long
as they meet all
of the following criteria:
(A)
the monthly average concentrations stipulated in Rule
.II05(c) ofthis Section.
(B)
the pathogen reduction requirements stipulated in Rule
.11 06(b) of this Section, and
(C)
the vector attraction reduction requirements stipulated in Rule .1107
ofthis Section.
(c) Bulk residuals shall not be applied
to a lawn, home garden, or public contact use site nor shall residuals be sold or
given away in a bag or other container for application to the land if the concentration of any pollutant in the residuals
exceeds the concentration for that pollutant as stipulated in the following (i.e.,
on a dry weight basis):
Pollutant
Arsenic
Cadmium
Copper
Lead
Mercury
Nickel
Selenium
Zinc
Monthly Average Concentration
(milligrams per kilogram)
41
39
1,500
300
17
420
100
2,800
(d) Bulk residuals shall not be placed in a surface disposal unit
if the concentration of any pollutant in the residuals
exceeds the concentration for that pollutant as stipulated in the following (i.e.,
on a dry weight basis):
Ceiling Concentration
(milligrams
per kilogram)
History Note:
Distance from Surface Disposal Unit
Boundary to Closest Property Line
(meters)
oto less than 25
25 to less than 50
50 to less than
75
75
to less than 100
100 to less than 125
125 and greater
Authority G.s.
143-215.1;
143-215.3(a);
Eff. September
1,
2006.
Arsenic
30
34
39
46
53
62
Chromium
200
220
260
300
360
450
Nickel
210
240
270
320
390
420
15A
NCAC
02T .1106
PATHOGEN REDUCTION REQUIREMENTS
(a) The following pathogen requirements shall be met when biological residuals are applied to the land or placed in a
surface disposal unit:
(1)
The Class A pathogen requirements shall
be met when bulk biological residuals are applied to a lawn,
home garden,
or public contact use site or sold or given away in a bag or other container for
application to the land.
(2)
Biological residuals placed in a surface disposal unit shall be exempt from meeting the Class A
or
Class B pathogen requirements if the vector attraction reduction method in Rule .1107(b)(2) of this
Section is met.
(3)
Programs involving the land application
of biological residuals generated by wastewater treatment
facilities treating industrial wastewater only that are operational at the time
ofthis Rule'seffective date
shall comply with the requirements stipulated in this Rule no later than five years from the effective
date
ofthis Rule unless the Permittee is adhering to an established schedule in an individual permit,
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settlement agreement, special order pursuant to G.S. 143-215.2, or other similar document that
establishes a later deadline.
(b)
For biological residuals to be classified as Class A with respect to pathogens, the following shall be met:
(1)
The requirements in this Paragraph are met either
prior to meeting or at the same time as vector
attraction reduction requirements in
Rule .1107 of this Section are met, unless the vector attraetion
reduction methods stipulated in Rule .1107(a)(6), Rule .1107(a)(7),
and Rule .1107(a)(8) of this
Section are met.
(2)
The biological residuals are monitored at the time that the biological residuals are used or disposed or
are prepared for sale or giving away in a bag or other container for application to the land for the
density
of fecal coliform or Salmonella sp. bacteria to demonstrate the following:
(A)
the density
of fecal coliform is less than 1,000 Most Probable Number per gram oftotal
solids (i.e., dry weight basis), or
(B)
the density of Salmonella sp. bacteria is less than three Most Probable Number per four
grams
of total solids (i.e., dry weight basis).
(3)
The biological residuals
meet one of the following alternatives:
(A)
Time/Temperature.
The temperature of the biological residuals shall be maintained at a
specific value for a
period of consecutive time in accordance with the following:
Total Solids
Temperature (t)
Time
Equation to Determine
(percent)
(degrees Celsius)
Minimum Holding
Time (D)
(days)
27
250
2 20 minutes
131,700,000
lO
o
.
14OOt
27
250
215 seconds
l
131,700,000
10°.14001
<7
250
2 15 seconds
131,700,000
<30 minutes
10°.14001
<7
250
2 30 minutes
50,070,000
10°.14001
when residuals are heated by warmed gases or an immiscible liquid
(B)
Alkaline Treatment.
The pH of the biological residuals shall be raised to above 12 and
remains above 12 for 72 consecutive hours. The temperature ofthe biological residuals shall
be above 52 degrees Celsius for 12 hours or longer during the period that the pH of the
biological residuals is above 12.
At the end of the 72-hour period during which the pH is
above 12, the biological residuals shall
be air dried to achieve a total solids greater than 50
percent.
(C)
Prior Testing for Enteric VirusesNiable Helminth Ova. The biological residuals shall be
analyzed prior to pathogen reduction treatment to determine whether the biological residuals
contain enteric viruses
or viable helminth ova. The density of enteric viruses prior to
pathogen reduction treatment shall
be less than one Plaque-forming Unit per four grams of
total solids (i.e., dry weight basis) or the density ofviable helminth ova shall be less than one
per four grams oftotal solids (i.e., dry weight basis). When the density ofenteric viruses or
viable helminth ova are equal to or greater than these values, the biological residuals shall be
considered to
be Class A following pathogen reduction treatment ifthe resultant densities are
less than these values
and the operating parameters for the pathogen reduction treatment are
documented
to the satisfaction of the Division. After this demonstration, the biological
residuals shall
be considered
to
be Class A as long as the operating parameters for the
pathogen reduction treatment are met and documented to the satisfaction ofthe Division.
(D)
No Prior Testing for Enteric VirusesNiable Helminth Ova. The density ofenteric viruses
in
the biological residuals shall be less than one Plaque-forming Unit per four
grams
oftotal
solids (i.e.,
dry weight basis) or the density ofviable helminth ova in the biological residuals
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shall be less than one per four grams oftotal solids (i.e., dry weight basis) at the time that the
biological residuals are used or disposed
or is prepared for sale or giving away in a bag or
other contained for application to the land.
(E)
Process to Further Reduce Pathogens
- Composting. The biological residuals shall be
composted using either the within-vessel method or the static aerated pile method, during
which the temperature
of the biological residuals is maintained at 55 degrees Celsius or
higher for three consecutive days
or longer. Alternatively, the biological residuals shall be
composted using the windrow method, during which the temperature
of the biological
residuals is maintained at 55 degrees Celsius
or higher for 15 consecutive days or longer.
The windrow shall
be turned five times during the period when the biological residuals are
maintained at 55 degrees Celsius
or higher, Natural decay of the biological residuals under
uncontrolled conditions are not sufficient to meet this process.
(F)
Process to
Further Reduce Pathogens - Heat Drying. The biological residuals shall be dried
by direct or indirect contact with hot gases to reduce the moisture content
ofthe biological
residuals to 10 percent
or lower. During the process, either the temperature ofthe biological
residuals particles exceeds 80 degrees Celsius or the wet bulb temperature
of the gas in
contact with the biological residuals as they leave the dryer exceeds 80 degrees Celsius.
(G)
Process to Further Reduce Pathogens
- Heat Treatment. The biological residuals shall be
heated to a temperature of 180 degrees Celsius or higher for 30 minutes. This process is only
available to biological residuals that are in a liquid state.
(H)
Process to Further Reduce Pathogens
- Thermophilic Aerobic Digestion. The biological
residuals shall be agitated with air
or oxygen to maintain aerobic conditions, and the mean
cell residence time
ofthe biological residuals shall be 10 days at between 55 and 60 degrees
Celsius. This process is only available to biological residuals that are in a liquid state.
(1)
Process to Further Reduce Pathogens - Beta Ray Irradiation. The biological residuals shall
be irradiated with beta rays from an accelerator at dosages
of at least 1.0 megarad at room
temperature (i.e., approximately
20 degrees Celsius).
(J)
Process to Further Reduce Pathogens - Gamma Ray Irradiation. The biological residuals
shall be irradiated with gamma rays from certain isotopes, such as Cobalt 60 and Cesium 137,
at room temperature (i.e., approximately 20 degrees Celsius).
(K)
Process to Further Reduce Pathogens
- Pasteurization. The temperature of the biological
residuals shall be maintained at 70 degrees Celsius or higher for 30 minutes
or longer.
(c) For biological residuals to be classified as Class B with respect to pathogens one
of the following shall be met:
(1)
Fecal Coliform Density Demonstration. Seven samples
ofthe biological residuals are collected at the
time the residuals are used
or disposed, and the geometric mean ofthe density offecal coliform in the
samples collected is less than either 2,000,000 Most Probable Number per gram
oftotal solids (i.e.,
dry weight) or 2,000,000 Colony Forming Units
per gram of total solids (i.e., dry weight basis).
(2)
Process to Significantly Reduce Pathogens. The biological residuals processed in a process to
significantly reduce pathogens. The processes to significantly reduce pathogens are as follows:
(A)
Aerobic Digestion. Biological residuals are agitated with
air or oxygen to maintain aerobic
conditions for a specific mean cell time at a specific temperature. Values for the mean cell
residence time and temperature are between
40 days at 20 degrees Celsius and 60 days at 15
degrees Celsius.
(B)
Air Drying. Biological residuals are dried on sand beds or on paved or unpaved basins for a
minimum
of three months. During two of the three months, the ambient average daily
temperature is above zero degrees Celsius.
(C)
Anaerobic Digestion. Biological residuals are treated in the absence
of air for a specific
mean cell residence time at a specific temperature. Values for the mean cell residence time
and temperature are between
15 days at 35 to 55 degrees Celsius and 60 days at 20 degrees
Celsius.
(D)
Composting. Using either the within-vessel, static aerated pile,
or windrow composting
methods, the temperature
ofthe biological residuals is raised to 40 degrees Celsius or higher
and remains at
40 degrees Celsius or higher for five days. For four hours during the five
days, the temperature in the compost pile exceeds 55 degrees Celsius. Natural decay
ofthe
biological residuals under uncontrolled conditions is not sufficient to meet this process
(E)
Lime Stabilization. Sufficient lime is added
to the biological residuals to raise the pH to 12
after two hours of contact.
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History Note:
Authority G.s.
143-215.1;
143-215.3(a);
Ell September 1,2006.
15A NCAC 02T .1107
VECTOR ATTRACTION REDUCTION REQUIREMENTS
(a) Biological residuals shall not bc applied to the land unless the requirements ofone ofthe vector attraction reduction
alternatives have been met. Programs involving the land applieation
of biological residuals generated by wastewater
treatment facilities treating industrial wastewater only that are operational at the time
ofthis Rule'seffective date shall
comply with the requirements stipulated in this Rule no later than five years from the effective date
ofthis Rule unless the
Permittee is adhering to an established schedule in an individual permit, settlement agreement, special order pursuant to
G.S.
143-215.2, or other similar document that establishes a later deadline. The vector attraction reduction alternatives
shall be as follows:
(1)
38-Percent Volatile Solids Reduction. The mass
ofthe volatile solids in the biological residuals shall
be reduced by a minimum
of 38 percent between the time that the biological residuals enter the
digestion process and the time it is land applied.
(2)
40-Day Bench Scale Test. A portion
ofpreviously anaerobically-digested biological residuals shall be
further anaerobically-digested in the laboratory in a bench-scale unit for
40 additional days at a
temperature between 30 and 37 degrees Celsius.
The volatile solids in the biological residuals shall be
reduced by less than
17 percent as measured from the beginning to the end of the test.
(3)
30-Day Bench Scale Test. A portion
ofpreviously aerobically-digested biological residuals shall be
further aerobically-digested in the laboratory in a bench-scale unit for 30 additional days at a
temperature
of 20 degrees Celsius. The previously aerobically-digested biological residuals shall
either have a concentration
oftwo percent total solids or less or shall be diluted with effluent down to
two percent total solids at the start
ofthe test. The volatile solids in the biological residuals shall be
reduced by less than
15 percent as measured from the beginning to the end of the test.
(4)
Specific Oxygen Uptake Rate Test. The specific oxygen uptake rate (SOUR) for biological residuals
treated in
an aerobic process shall be equal to or less than 1.5 milligrams ofoxygen per hour per gram
of total solids (i.e.,
dry
weight basis) corrected to a temperature of20 degrees Celsius.
(5)
14-Day Aerobic Processes. The biological residuals shall
be treated in an aerobic process for 14 days
or longer. During that time the temperature ofthe biological residuals shall be higher than 40 degrees
Celsius, and the average temperature
of the biological residuals shall be higher than 45 degrees
Celsius.
(6)
Alkaline Stabilization. The pH
of the biological residuals shall be raised to 12 or higher by alkali
addition and, without the addition
ofmore alkali, shall remain at 12 or higher for two hours and then at
11.5
or higher for an additional 22 hours.
(7)
Drying
ofStabilized Residuals. The biological residuals shall be dried to 75 percent total solids ifthe
biological residuals contain no unstabilized solids from a primary wastewater treatment process.
Mixing
ofthe biological residuals with other materials shall not be used to meet this alternative.
(8)
Drying ofUnstabilized Residuals. The biological residuals shall be dried to
90 percent total solids if
the biological residuals contain unstabilized solids from a primary wastewater treatment process.
Mixing
of the biological residuals with other materials shall not be used to meet this alternative.
(9)
Injection.
(A)
Biological residuals shall
be injected below the surface of the land in accordance with 40
CFR 503.33(b)(9)(ii).
(B)
IfClass A with respect to pathogens, the biological residuals shall be injected below the land
surface within eight hours after being discharged from the pathogen treatment process.
(l0)
Incorporation.
(A)
If Class B with respect to pathogens, the biological residuals shall be incorporated into the
soil within six hours after application to the land.
(B)
If Class A with respect to pathogens, the biological residuals shall be applied to the land
within eight hours after being discharged from the pathogen treatment process.
(b) Biological residuals shall not
be placed in a surface disposal unit unless one of the following vector attraction
reduction alternatives have been met:
(1)
Any alternative stipulated in Paragraph (a)
of this Rule.
(2)
Daily Cover. Biological residuals shall be covered with soil
or other material at the end of
each operating day.
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History Note:
Authority G.s.
143-215.1;
143-215.3(a);
Eff. September 1,2006.
o
25
25
100
If the bulk residuals meet the requirements of Rules .11 05(c), .11 06(b), and .1107 ofthis Section:
Liquid
Cake
Residuals
Residuals
Private or public water supply sources
100
100
Surface waters (streams - intermittent and perennial,
perennial waterbodies, and wetlands)
Surface water diversions (ephemeral streams, waterways,
ditches)
Groundwater lowering ditches (where the bottom of the
ditch intersects the SHWT)
25
0
Wells with exception to monitoring wells
100
100
Bedrock outcrops
25
0
If the bulk residuals do not meet the requirements of Rules .11 05(c), .11 06(b), and .1107 of this
Section:
(2)
15A NCAC 02T .1l08
SETBACKS
(a) For residuals treatment and storage facilities, the following minimum setbacks (i.e., in feet) shall be adhered to:
Habitable residences or places ofpublic assembly under separate ownership or
not to be maintained as part of the project site
100
Private or public water supply sources
100
Surface waters (streams intermittent and perennial, lakes, perennial waterbodies, and wetlands) 50
Wells with exception to monitoring wells
100
Property lines
50
(b) For land onto which bulk residuals are applied or stockpiled, the following minimum setbacks (i.e., in feet) shall be
adhered to:
(1)
0
200
0
50
150
50
50
50
50
100
100
100
100
100
50
25
100
25
25
100
25
0
100
0
100
100
100
25
25
25
15
15
15
0
15
0
0
10
0
100
100
100
0
20
0
Surface
Application
by Vehicle
Habitable residences or places of public assembly
under separate ownership or
not to be maintained as part of the project site 400
Habitable residences or places of public assembly
owned by the permittee, the owner ofthe
land, or the lessee/operator of the land
to be maintained as part of the project site
Property lines
Public rights of way
Private or public water supply sources
Surface waters (streams - intermittent and
perennial, perennial waterbodies,
and wetlands)
Surface water diversions (ephemeral streams,
waterways, ditches)
Groundwater lowering ditches (where the bottom
of
the ditch intersects the SHWT)
Subsurface groundwater lowering drainage systems
Wells with exception to monitoring wells
Bedrock outcrops
Top of slope of embankments or cuts of
two feet or more in vertical height
Building foundations or basements
Water lines
Swimming pools
Nitrification fields
Surface
Application
by Irrigation
400
Injection/
Incorporation
200
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(c) For thc construction and operation of surface disposal units, the following minimum setbacks (i.e., in feet) shall be
adhered to:
Habitable residences
or places ofpublic assembly under separate ownership or
not to be maintained as part ofthe project site
400
Property lines
50
Public rights of way
50
Private or public water supply sources
100
Surface waters (streams
- intermittent and perennial, perennial waterbodies,
and wetlands)
100
Surface water diversions (ephemeral streams, waterways, ditches)
25
Groundwater lowering ditches(where the bottom
ofthe ditch intersects the SHWT)
100
Subsurface groundwater lowering drainage systems
100
Wells with exception to monitoring wells
100
Water lines
10
Swimming pools
100
History Note:
Authority G.s.
143-215.1;
143-215.3(a);
Eff September 1,2006.
15A NCAC 02T .1109
OPERATION AND MANAGEMENT PRACTICES
(a) For residuals that are sold or given away in a bag or other container for application to the land, either a label shall be
affixed to the bag
or other container or an information sheet shall be provided to the person who receives the residuals.
The label/information sheet shall contain the following information:
(I)
the name and address of the person who prepared the residuals and
(2)
a statement that land application
ofthe residuals shall be prohibited except with the instructions on the
label/sheet.
(3)
that residuals shall be applied
at agronomic rates and recommended rates for intended uses.
(b) For land onto which bulk residuals are applied, the following shall apply:
(l)
Bulk residuals shall not be applied to the land under the following conditions:
(A)
if the requirements speeified by 40 CFR 503.14(a) as stated on January I, 1996 and
incorporated
by reference cannot be met;
(B)
ifthe application causes prolonged nuisance conditions;
(C)
ifthe land fails to assimilate the bulk residuals or the application causes the contravention of
surface water or groundwater standards;
(D)
ifthe land is flooded, frozen, or snow-eovered 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 precipitation events
or within 24 hours following a rainfall event of 0.5 inches or
greater in a 24-hour period;
(G)
if the slope of the land is greater than 10 percent when bulk liquid residuals are surface
applied, and
ifthe slope ofthe land is greater than 18 percent when bulk liquid residuals are
injected
or incorporated;
(H)
if the land does not have an established vegetative cover crop 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 watcr table and the depth of residuals
application is less
than
one foot;
(1)
ifthe vertical separation ofthe depth to bedrock and the depth ofresiduals application is less
than one foot;
or
(K)
application exceeds agronomic rates except for dedicated sites where the applicant has
specifically requested higher rates in
an applications pursuant to Rule .I104(d) of this
Section.
(2)
F
or land onto which bulk residuals that do not meet the requirements ofRule .I106(b) ofthis Section
are
applied, the following public access restrictions shall be adhered to:
(A)
public access to public contact sites shall be restricted for one calendar year after any
residuals land application event;
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(B)
public access to land that is not a public contact site shaH be restricted for 30 days after any
residuals land application event; and
(C)
public access to land associated with a dedicated land application site shaH be restricted
continuously while the land is pennitted for active use and for one calendar year after the
final residuals land application event.
(3)
For land onto which bulk residuals that do not meet the requirements
ofRule .1106(b) ofthis Section
are applied, the foHowing harvesting and grazing restrictions
shaH be adhered to:
(A)
animals shall not be allowed to graze
on land for 30 calendar days after any residuals land
application event;
(B)
food crops, feed crops, and fiber crops shall not
be harvested for 30 calendar days after any
residuals land application event;
(C)
food crops with harvested parts that touch the residuals/soil mixture and are totaHy above the
land surface
shaH not be harvested for 14 months after any residuals land application event;
(D)
food crops with harvested parts below the
surface of the land shaH not be harvested for 20
months after any residuals land application event when the residuals remain on the land
surface for four months
or longer prior to incorporation into the soil;
(E)
food crops with harvested parts below the surface
of the land shaH not be harvested for 38
months after any residuals land application event when the residuals remain
on the land
surface for less than four months prior to incorporation into the soil; and
(F)
turf
grown on land where residuals are applied shall not be harvested for one calendar year
after any residuals land application event.
(c) For surface disposal units, the foHowing conditions shall
be met:
(I)
For new and expanding surface disposal units, the following conditions shall be met.
(A)
Surface disposal units shall not
be located in a seismic impact zone unless designed to
withstand the maximum recorded horizontal ground level acceleration.
(B)
Surface disposal units shall not be located less than
60 meters from a fault that has
displacement in Holocene time.
(C)
Surface disposal units shall not be located within an unstable area.
(D)
Surface disposal units shall not be located within the 100-year floodplain.
(E)
Surface disposal units shall not restrict base flood flow.
(F)
The vertical separation
of the seasonal high water table and the bottom of surface disposal
units shall not be less than three feet.
(G)
Surface disposal units shall
be provided with a liner system with a maximum hydraulic
conductivity
of 10-
7
centimeters per second. If cake residuals are to be placed in the unit, a
leachate collection system shall
be required. Ifliquid residuals are to be placed in the unit, a
decanting system and freeboard marker shall
be required.
(2)
The following conditions shall
be met while surface disposal units are permitted for active use and for
three calendar years after closure:
(A)
The requirements specified by
40 CFR 503.24(a) as stated on January I, 1996 and
ineorporated by reference shall be met.
(B)
Surface disposal units shall not cause prolonged nuisance conditions.
(C)
Surface disposal units
shaH not cause the contravention of surface water or groundwater
standards.
(D)
Runofffrom a 24-hour 25-year
stonn event, decant water, and leachate (I.e., as applicable)
shall
be collected from surface disposal units.
(E)
Ifbiological residuals are placed in the surface disposal unit, the concentration
ofmethane
gas shall not exceed 25 percent
ofthe lower explosive limit for methane gas in any structure
within the surface disposal unit boundary.
(F)
If biological residuals are placed in the surface disposal unit, the concentration ofmethane
gas shall not exceed the lower explosive limit for methane gas
at any property line of the
surface disposal unit.
(G)
Public access to surface disposal units shall be restricted continuously.
(H)
Animals shall not
be allowed to graze on surface disposal units.
(I)
Food crops, feed crops, and fiber crops shall not
be harvested from surface disposal units.
(3)
Following active use, surface disposal units shall
be closed. Pennits for surface disposal units shaH be
maintained for a minimum
of three years following successful closure. Requests for approval of
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History Note:
closure plans shall be submitted to the Division at least 180 days prior to the date that a surface
disposal unit is to be closed and shall include the following information:
(A)
how the surface disposal unit will
be closed;
(B)
a discussion
of how the leachate collection system will be operated and maintained, if
applicable;
(C)
a description
ofthe system used to monitor the air for methane gas in the air in any structures
within thc surface disposal unit boundary and at the property line
ofthe surface disposal unit,
if applicable;
(D)
a discussion
of how public access to the surface disposal unit will be restricted; and
(E)
proof that the deed for the surface disposal unit property has been amended to provide
permanent written notification to subsequent owners
of the property that the property was
used for the purposes
of operating a surface disposal unit.
Authority G.S.
143-215.1;
143-215.3(a);
Eff September 1,2006.
15A NCAC 02T .1110
OPERATION AND MAINTENANCE PLAN
An
Operation and Maintenance Plan shall be maintained for all residuals management programs. The plan shall:
(I)
(2)
(3)
(4)
(5)
(6)
History Note:
describe the operation ofthe program and any associated facilities and equipment
in
sufficient detail to
show what operations are necessary for the program to function and by whom the functions are to be
conducted;
describe anticipated maintenance
of facilities and equipment that are associated with the program.
include provisions for safety measures including restriction
of access to the site and equipment, as
appropriate;
include spill control provisions including:
(a)
response to upsets and bypasses including control, containment, and remediation; and
(b)
contact information for program personnel, emergency responders, and regulatory agencies;
detail procedures for sampling and monitoring to ensure that the program stays in compliance with this
Section and any issued permit; and
for surface disposal units, detail procedures for post-closure care management.
Authority G.S.
143-215.1;
143-215.3(a);
Eff September
1,
2006.
15A NCAC 02T .1111
MONITORING AND REPORTING
(a) Representative samples ofresiduals that are prepared for application to the land or placed in a surface disposal unit
shall be collected and analyzed.
(b) The analytical methods listed in
40 CFR 503 .8(b) as stated on January 1, 1996 shall be incorporated into this Section
by reference.
(c) Residuals applied to the land
or placed in a surface disposal unit shall be monitored for pollutants as listed in Rule
.1105(a) and Rule
.l105(d) ofthis Section as well as Rule .Il06 and Rule .1107 as applicable at the frequency as
stipulated in the following:
Metric Tons per 365 day period
(Dry Weight Basis)
Greater than zero but less than 290
Equal to or greater than 290 but less than 1,500
Equal to
or greater than 1,500 but less than 15,000
Equal to
or greater than 15,000
Monitoring Frequency
Once per year
Once
per quarter (four times per year)
Once per 60 days (six times
per year)
Once
per month (12 times per year)
(d) A report
ofall monitoring and reporting requirements as specified in the permit shall be submitted to the Division by
the permittee annually
on or before March 1st of each calendar year.
(e) All records shall be retained for a minimum
of five years.
History Note:
Authority G.s.
143-215.1;
143-215.3(a);
Eff September 1,2006.
67
Electronic Filing - Received, Clerk's Office, October 16, 2008
Exhibit 7
North Carolina Guidance
Electronic Filing - Received, Clerk's Office, October 16, 2008
August 18, 2003
MEMORANDUM
TO:
FROM:
Groundwater Regional Supervisors
Permits
&
Compliance Unit
Operations Branch
Arthur Mouberry, P.E.
Chief, Groundwater Section
SUBJECT: Guidelines for the Closure
of Treatment Ponds and Lagoons
Purpose:
The purpose of these guidelines is to protect the quality of the groundwater resources
of the state while accomplishing the closure of a treatment pond or lagoon.
Background:
Man-made treatment ponds and lagoon type structures are used to contain fluids
and semi-solids for a variety
of reasons. As these ponds and lagoons become no longer
necessary, the structure needs to be abandoned
in an environmentally friendly manner. The
Groundwater Section's major concern with the elimination
of these structures is that
groundwater remains protected both during and after abandonment. Each structure must be
considered for its unique circumstances on a case-by-case basis.
Regulations relevant to the abandonment
of ponds and lagoons for ground waters of the state
include the Classifications and Water Quality Standards found
in Title 15A NCAC 2L. Other
pertinent standards and regulations may
be found in the DENR Land Resources regulations
pertaining to Sedimentation and Erosion Control and Dam Safety, the DENR Waste
Management regulations pertaining to the disposal
of wastes and sludge, and the NCDOT
regulations pertaining to transportation of materials on public highways. Lagoons for animal
waste are regulated under the federal NRCS Standards.
Recommended Procedure:
The major elements of pond and lagoon structures include the contents, the walls, the floor and
the liner,
if one exists. Each element must be characterized for its quantity and material
properties
in order to prepare a closure plan. Guidelines for the preparation ofthis plan are
described
in the following steps:
I) Collect and assemble
field information
by characterizing the structural elements and
liquid contents, including bottom sludge
in the impoundment. Sampling will be required
in most situations, and the types of sampling and analyses will depend on factors such as
what the lagoon was used for, its construction materials (earthen, concrete, natural
or
synthetic liner), and size. The samples must be representative of the medium sampled,
and the rationale for the depths, locations and number
of samples should be justified and
documented
in preparation of being legally defensible. The sampling must be performed
Lagoon Closure finaI.doc
Page I of3
Electronic Filing - Received, Clerk's Office, October 16, 2008
under the direction of a qualified individual and analyzed by a DWQ Certified
Laboratory.
2) Prepare and submit a
Closure Plan
to the DWQ regional office at least 30 days prior to
commencing deconstruction activities. This should include as a minimum:
a. the quantity and characteristics (TCLP, nutrients, metals) of the materials for
disposal (contents, walls, floor and liner), including the calculations used to
determine volumes,
b. an assessment of alternatives (actions, costs and timing) in sufficient detail to
select an optimum approach consistent with minimal groundwater impact,
c. a proposed method for removal/disposal, including the abandonment and salvage
of any physical equipment, and a timetable for the project,
d. site reclamation plan and section view of the treatment, storage and disposal
area(s),
e. vicinity map, and
f. location map to scale showing items such as the location of sampling points,
existing monitoring and supply wells (within 500 feet), depth to groundwater,
direction of groundwater flow, roads, structures, and rock outcrops.
3)
If the structure is to be retained for an ornamental pond, storage or any other function
other than for treatment, then the Closure Plan will need to demonstrate that the residuals
of treatment (e.g. physical connections, bottom sludge, coliforms, nutrients and metals)
conform to all appropriate surface water standards.
Ifthe structure is to be abandoned in place (totally or partially), sampling of the
underlying native soil, whether
it has a natural or synthetic liner, is required. If the
sampling determines that the soil
is contaminated, , then the Closure Plan will need to
demonstrate,
by modeling or numerical calculations, that leaving the contents and or
structure materials
in place will not cause a contravention of the groundwater quality
standards
in the groundwater beneath the structure. If the modeling does not demonstrate
this, than removal or treatment
of the soils must be included as part of the Closure Plan.
If it were an earthen structure, the preferable approach would be to completely eliminate
the walls and incorporate the material
in the existing site.
4) Any land disturbing activity associated with the closure activities that affect more than
one
(1) acre ofland must have an erosion and sediment control plan approved by the
Land Quality Section
of the Division of Land Resources. NC General Statute 113A-
57(4) requires this plan to be submitted at least thirty (30) days prior to beginning the
land-disturbing activity.
Closure Documentation:
Lagoon Closure final.doc
Page 2
of3
Electronic Filing - Received, Clerk's Office, October 16, 2008
Upon completion of the closure, the owner should submit documentation to the DWQ regional
office with the following:
I) A description
of all actions taken and dates relative to the abandonment.
2) Copies of all pertinent correspondence with private, local, state and/or federal agencies.
3) Ultimate disposal sites with weigh tickets or processing verifications, as appropriate.
4) Certification by a Professional Engineer (PE) or Professional Geologist (PG)
if the pond or
lagoon:
a) is greater than five (5) acres in total area,
b) contains hazardous substances as defined by TCLP tests, or
c) involves a breaching of a dam, which could impose a safety hazard to persons or property
below it.
Lagoon Closure final.doc
Page 3 of3
Electronic Filing - Received, Clerk's Office, October 16, 2008
Exhibit 8
Relevant Sections
of Ohio Revised Code
And Ohio Administrative Code
Electronic Filing - Received, Clerk's Office, October 16, 2008
Ohio Revised Code, Title 61 Water Supply, Sanitation Ditches
Chapter 6111: Water Pollution Control
6111.45 Plans for the disposal of the waste to be submitted to director of environmental
protection.
No municipal corporation, county, public institution, corporation, or officer or employee thereof
or other perSDn shall establish as proprietor, agent, employee, lessee, or tenant, any garbage
disposal plant, shop, factory, mill, industrial establishment, process, trade, or business in the
operation
of which an industrial waste is produced, or make a change in or enlargement of a
garbage disposal plant, shop, factory, mill, industrial establishment, process, trade, or business
whereby an industrial waste is produced or materially increased or changed in character, or
install works for the treatment or disposal
of any such waste until the plans for the disposal of the
waste have been submitted
to and approved by the director of environmental protection. As used
in sections 6111.44 to 6111.46 of the Revised Code, "industrial waste" means sludge or sludge
materials or a water-carried or liquid waste resulting from any process
of industry, manufacture,
trade, or business or development
of any natural resource, but does not include storm water from
any animal feeding facility, as defined in section 903.01
of the Revised Code, or manure, as
defined in that section. In granting an approval, the agency may stipulate modifications,
conditions, and rules that the public health and welfare may require. Any action taken by the
director shall be a matter
of public record and shall be entered in the director'sjournal. Each
period
of thirty days that a violation of this section continues, after a conviction of the violation,
constitutes a separate offense.
Effective Date: 03-15-2001
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
(A)
Definitions.
(I) "Additive" means a supplemental material mixed with or otherwise added with
compostable feedstock and bulking agents
to create a favorable condition for the
composting process and includes, but is not limited to, the following source-separated
materials: urea; sterilized, dried and crushed egg shells; rice hulls; earthworms; and
bacterial or fungal inoculum consisting only
of microorganisms that may also include a
commercially prepared medium designed
to sustain the microorganisms during storage
and transport that is manufactured and distributed for the purpose
of use in a
composting process as
an inoculant.
(2) "Aerated static pile" means a pile
of solid waste remaining stationary with air forced
through the waste while composting takes place.
(3) "Airport" means any airport certified
by the federal aviation administration and open to
the public without prior permission and without restrictions within the physical
capabilities
of the available facilities.
(4) "Alteration" means a change
to a facility from the requirements specified in the facility's
authorizing document which is at least equivalent
to rule requirements, other than a
"modification" as that term
is defined in rule 3745-27-02 of the Administrative Code,
which requires written concurrence by Ohio EPA.
[Comment:
If the change is not equivalent to rule requirements, approval through a
permit, variance,
or exemption would be necessary.]
(5) "Animal waste" means animal excreta, bedding, wash waters, waste feed, and silage
drainage.
(6) "Applicant" means any person who has applied for a registration certificate, permit to
install, an alternative infectious waste treatment technology approval,
or an operating
license in accordance with Chapter 3745-27, 3745-29, 3745-30,
or 3745-37 of the
Administrative Code.
(7) "Aquifer" means a consolidated or unconsolidated geologic formation
or series of
formations that are hydraulically interconnected and that have the ability to receive,
store, or transmit water to wells
or springs.
(8) "Aquifer system" means one
or more geological units or formations that are wholly or
partially saturated with water and are able to store, transmit, and yield significant
amounts
of water to wells or springs.
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
2
(9) "Assets" means all eXlstmg and all probable future economic benefits obtained
or
controlled by a particular entity.
(10) "Authorized maximum daily waste receipt" means the maximum amount
of solid waste
a solid waste disposal facility may receive at the gate in any calendar day.
The waste
receipt limit shall be expressed in tons
per day for facilities utilizing scales or cubic
yards per day at the gate for all other facilities. The conversion factor between tons and
cubic yards shall be one ton
to three cubic yards unless the solid waste is baled, in
which case a one-ton to one-cubic-yard conversion factor shall be used.
(B)
(1) "Beneficial use" means to use a scrap tire in a manner that results in a commodity for
sale
or exchange or in any other manner authorized as a beneficial use in accordance
with rule 3745-27-78
of the Administrative Code. The use of a scrap tire at a scrap tire
recovery facility is not a "beneficial use"
of scrap tires, for the purposes of Chapter
3745-27
of the Administrative Code. "Beneficial use" does not apply to products
manufactured from scrap tires and sold to a customer, including tire derived fuel as
defined in this rule.
(2) "Biodegradable containers" means a container composed
of materials, such as vegetable
matter, paper, cardboard, and plastics that meet the American Society for Testing and
Materials (ASTM) "Standard Specification for the Compostable Plastics" (D6400-04)
(www.astm.org) and that may display the International Biodegradable Products
Institute's "Compostable Logo," that will decompose
or degrade at a rate equal to or
faster than the material within the containers under equivalent conditions.
(3) "Biofilter" means a layer
of a minimum of six inches in depth, consisting of bulking
agents, shredded yard waste, finished compost,
or materials otherwise authorized in
accordance with paragraphs
(0)
and (H) of rule 3745-27-40 of the Administrative Code,
and that
is applied over the composting mixture to control odors, dust, or vectors. The
biofilter layer shall be considered part
of the composting mixture.
(4) "Biomass fuels" are defined in rule 3745-27-03
of the Administrative Code.
(5) "Bird hazard" means an increase in the likelihood
of bird/aircraft collisions that may
cause damage to the aircraft or injury
to the occupants of the aircraft.
(6) "Board
of directors of a joint district" means a collective body of the boards of county
commissioners
of the counties establishing a joint solid waste management district as
specified in section 343.01
of the Revised Code.
(7) "Board
of health" means the board of health of a city or general health district, or the
authority having the duties
of a board of health in any city as authorized by section
3709.05
of the Revised Code.
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
3
(8) "Bulking agent" means a material added to a composting system to provide structural
support, improve aeration, or absorb moisture from the decomposing waste and includes
only the following source-separated materials: wood chips, straw, shredded newspaper,
shredded cardboard, sawdust, shredded brush, biodegradable containers, stover, and
materials otherwise authorized in accordance with rule 3745-27-40
of the
Administrative Code. Bulking agent does not include any wood that has been treated
with preservatives containing arsenic or chromium.
(C)
(l) "Closed unit" means any unit of a sanitary landfill facility for which the owner or
operator is required to complete, or has completed, all closure activities in accordance
with rule 3745-27-11 of the Administrative Code.
(2) "Commingled yard waste" means yard waste that has been commingled with other solid
wastes. Commingled yard waste does include containerized source-separated yard waste
including, but not limited to, yard waste in paper or plastic bags where such bags are
commingled with other solid wastes.
(3) "Compost product" means cured compost that meets applicable compost product quality
standards in accordance with rule 3745-27-46
of the Administrative Code. A compost
product that is sold, offered for sale at retail or wholesale, used, distributed for use, or
given away is not a solid waste when it is for acceptable horticultural, agricultural, or
silvicultural practices. In the circumstance where any unwanted compost product is
disposed of, the compost product becomes, by definition, a solid waste.
(4) "Composting" means decomposition
of organic matter that requires controlled conditions
and yields temperatures conducive
to themlophilic microorganisms, resulting in a
humus like organic material.
(5) "Composting facility" means a designated facility where composting
of solid waste
occurs in accordance with Chapters 3745-27 and 3745-37 of the Administrative Code.
The composting facility includes the area of materials placement and any leachate
management system structures.
(6) "Cured compost" means solid waste that has completed the thermophilic and curing
stages
of composting and is ready to be tested in accordance with rule 3745-27-46 of
the Administrative Code.
(7) "Curing compost" means solid waste that has completed the thermophilic stage of
composting.
Curing compost is characterized as solid waste that may reheat to
temperatures greater than one hundred ten degrees Fahrenheit.
(8) "Current assets" means cash or other assets or resources commonly identified as those
which are reasonably expected
to be realized in cash or sold or consumed during the
normal operating cycle
of the business.
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
4
(9) "Current corrective measures cost estimate" means the most recent of the estimates
prepared in accordance with rule 3745-27-18 of the Administrative Code.
(10) "Current final closure cost estimate" or "current closure cost estimate" means the most
recent
of the estimates prepared in accordance with rule 3745-27-15, 3745-27-24, 3745-
27-53, 3745-27-61, 3745-27-63, 3745-27-66, or 3745-27-73
of the Administrative
Code.
(11) "Current transporter cost estimate" means the most recent of the estimates prepared in
accordance with rule 3745-27-15, 3745-27-54, or 3745-27-56 of the Administrative
Code.
(12) "Current liabilities" means obligations whose liquidation
is reasonably expected to
require either the use of existing resources properly classifiable as current assets or the
creation of other current liabilities.
(13) "Current post-closure care cost estimate" means the most recent
of the estimates
prepared in accordance with rule 3745-27-16
or 3745-27-73 of the Administrative
Code.
(D)
(1) "Daily design input capacity" or "ODIC" means the weight of scrap tires that can be
processed at a scrap tire recovery facility per day. The ODIC is expressed in tons and
shall be calculated as an averaged daily processing amount for all operating days in a
calendar month.
(2) "Developed spring" means any spring which has been pennanently modified by the
addition
of pipes or a collection basin to facilitate the collection and use of the spring
water.
(3) "Director" means the director of environmental protection or the director's authorized
representative.
(E)
(I) "Execute" means to complete and sign a document acceptable to the director for the
purpose of establishing a financial assurance instrument.
(2) "Existing unit" means any unit
of a sanitary landfill facility that is receiving solid waste
on or before June 1, 1994, and is a geographically contiguous area within the limits of
waste placement of the sanitary landfill facility, as the limits of waste placement existed
on June 1, 1994.
(F)
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
5
(1) "Final slope" means the slope of a landfill when it has reached final grade and includes
but
is not limited to the composite cap system, the waste, the composite liner system
and the subsurface.
(2) "Fire break" means the area around individual scrap tire storage piles that
is maintained
free of combustible and vegetative material. The width of the fire break shall be as
specified in the applicable rule of Chapter 3745-27 of the Administrative Code. The
tire break may include well mowed grass if the fire break also includes a gravel or
paved fire lane twenty feet wide.
(3) "Foreign matter" means inorganic and organic constituents that were not readily
decomposed during composting including, but not limited
to: plastics, glass, textiles,
rubber, leather, metal, ceramics, styrofoam, sharp objects, and painted, laminated, or
treated wood and bark.
(4) "Foundry sand"
is defined in rule 3745-30-01 of the Administrative Code.
(0)
(1) "Ground water" means any water below the surface of the earth in a zone of saturation.
(H)
(1) "Hazardous waste" means waste that is listed specifically as hazardous waste or exhibits
one or more characteristics of hazardous waste as defined in Chapter 3745-51 of the
Administrative Code.
(2) "Health commissioner" means the individual occupying the office created by sections
3709.11 and 3709.14 of the Revised Code, or the health commissioner's authorized
representative.
(3) "Health district" means a city or general health district as created
by or under authority of
Chapter 3709. of the Revised Code.
(4) "Household hazardous waste" means solid waste originally generated by individual
households that
is listed specifically as hazardous waste or exhibits one or more
characteristics of hazardous waste as defined in rule 3745-51-03 of the Administrative
Code. Household hazardous waste is excluded from regulation as a hazardous waste
pursuant to paragraph (B)(1) of rule 3745-51-04 of the Administrative Code.
(I)
(1) "Incinerator" means any equipment, machine, device, article, contrivance, structure, or
part
of a structure used to bum solid or infectious wastes to ash.
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
6
(2) "Independently audited" refers
to an audit perfonned by an independent certified public
accountant in accordance with generally accepted accounting standards,
or for a
publicly-owned facility, an equivalent comprehensive audit
perfonned by the auditor of
the state of Ohio pursuant to Chapter 117. of the Revised Code.
(3) "Industrial solid waste"
is defined in rule 3745-29-01 of the Administrative Code.
(4) "Industrial solid waste landfill facility"
is defined in rule 3745-29-01 of the
Administrative Code.
(5) "Infectious agent" means a type
of microorganism, helminth, or virus that causes, or
significantly contributes to the cause of increased morbidity or mortality of human
beings.
(6) "Infectious wastes" includes all
of the following substances or categories of substances:
(a) Cultures and stocks
of infectious agents and associated biologicals, including,
without limitation, specimen cultures, cultures and stocks
of infectious agents,
wastes from production
of biologicals, and discarded live and attenuated vaccines.
(b) Laboratory wastes that were,
or are likely to have been, in contact with infectious
agents that may present a substantial threat
to public health if improperly managed.
(c) Pathological wastes, including, without limitation, human and animal tissues,
organs, and body parts, and
body fluids and excreta that are contaminated with or
are likely to be contaminated with infectious agents, removed or obtained during
surgery or autopsy or for diagnostic evaluation, provided that, with regard
to
pathological wastes from animals, the animals have or are likely to have been
exposed
to a zoonotic or infectious agent.
(d) Waste materials from the rooms
of humans, or the enclosures of animals, that have
been isolated because
of diagnosed communicable disease that are likely to
transmit infectious agents. Also included are waste materials from the rooms of
patients who have been placed on blood and body fluid precautions under the
universal precaution system established by the "Centers for Disease Control" in the
public health service
of the United States department of health and human services,
if specific wastes generated under the universal precautions system have been
identified as infectious wastes by rules referred to in paragraph (1)(6)(h)
of this rule.
(e) Human
and animal blood specimens and blood products that are being disposed of,
provided that, with regard to blood specimens and blood products from animals, the
animals
were or are likely to have been exposed to a zoonotic or infectious agent.
"Blood products" does not include patient care waste such as bandages
or
disposable gowns that are lightly soiled with blood or other body fluids, unless
such wastes are soiled
to the extent that the generator of the wastes detennines that
they should
be managed as infectious waste.
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
7
(I)
Contaminated carcasses, body parts, and bedding of animals that were intentionally
exposed to infectious agents from zoonotic
or human diseases during research,
production
of biologicals, or testing of pharmaceuticals, and carcasses and bedding
of animals otherwise infected by zoonotic or infectious agents that may present a
substantial threat to public health
if improperly managed.
(g) Sharp wastes used in the treatment, diagnosis,
or inoculation of human beings or
animals or that have, or are likely to have, come
in
contact with infectious agents in
medical, research,
or industrial laboratories, including, without limitation,
hypodermic needles and syringes, scalpel blades, and glass articles that have been
broken. Such wastes are hereinafter in this chapter referred to as "sharp infectious
waste"
or "sharps."
(h) Any other waste materials generated in the diagnosis, treatment,
or immunization of
human beings or animals, in research pertaining thereto, or in the production of
testing of biologicals, that the public health council created in section 3701.33 of
the Revised Code, by rules adopted in accordance with Chapter 119. of the Revised
Code, identifies as infectious wastes after determining that the wastes present a
substantial threat
to human health when improperly managed because they are
contaminated with,
or are likely to be contaminated with, infectious agents.
(i)
Any other waste materials the generator designates as infectious waste.
(7) "Infectious waste handling area" means any area where infectious wastes are stored,
loaded, unloaded, prepared for treatment,
or treated. Infectious waste handling areas
also include areas where vehicles
or containers are decontaminated, areas where
transportation
of infectious wastes within the facility premises occurs, and areas where
treated infectious wastes are unloaded, stored, and loaded.
(8) "Infectious waste treatment unit" or "treatment unit" means the apparatus responsible for
the attainment
of the performance standard for treatment and for the reduction in
microorganisms that is part
of the treatment process. A free standing shredder or grinder
is not considered a treatment unit.
[Comment:
If
the treatment process is contained within a single, enclosed piece of
equipment, then the treatment unit and treatment process are considered one and the
same.]
(9) "Interim slope" means the slope
of a landfill as a result of daily filling or when a phase,
cell or unit has reached its limits and includes but is not limited to daily cover,
intermediate cover, transitional cover, waste, the composite liner system and the
subsurface.
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
8
(10) "Internal slope" means the slope as excavated
or constructed and includes but is not
limited to the leachate collection layer, protective material, select waste, composite liner
system and the subsurface.
(II) "In-vessel composting" means composting solid wastes utilizing an enclosed or nearly
enclosed physical structure where the environment
can be highly controlled for
temperature, moisture, turning frequency, and other factors related to the rate
of
decomposition.
(J) [Reserved.]
(K) [Reserved.]
(L)
(I) "Leachate" means liquid that has come in contact with or been released from solid waste.
(2) "Legitimate recycling facility" means an engineered facility
or site where recycling of
material other than scrap tires is the primary objective of the facility.
For the purposes
of Chapters 3745-27 and 3745-37 of the Administrative Code,
legitimate recycling facilities are either
of the following:
(a) Facilities that accept only source separated recyclables, except scrap tires, or
commingled recyclables which are currently recoverable utilizing existing
technology.
(b) Facilities that meet all
of the following:
(i) Accept mixed
or source separated solid waste streams.
(ii) Recover for beneficial use not less than sixty per cent
of the weight of solid
wastes brought
to the facility each month (as averaged monthly) for not less
than eight months in each calendar year.
(iii) Dispose
of not more than forty per cent of the total weight of solid wastes
brought to the facility each month (as averaged monthly) for not less than eight
months in each calendar year.
For purposes of Chapters 3745-27 and 3745-37 of the Administrative Code,
legitimate recycling facility does not include any facility identified as a solid
waste disposal facility as "solid waste" is defined in this rule, nor does it
include any facility identified as a scrap tire collection, storage, monofill,
monocell,
or recovery facility or any premises at which the beneficial use of
scrap tires occurs.
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
9
(3) "Liabilities" means probable future sacrifices of economic benefits arising from present
obligations to transfer assets or provide services to other entities in the future as a result
of past transactions or events.
(4) "Lime sludge"
is defined in rule 3745-27-03 of the Administrative Code.
(5) "Limestone quarry" means an excavation resulting from a mining operation where
limestone
is the principal material excavated for commercial sale or use in another
location. This term does not include excavations of limestone resulting from the
construction of the sanitary landfill facility.
(6) "Limits
of waste placement" means the horizontal and vertical boundaries of a sanitary
landfill facility within which the owner or operator has been authorized to dispose of
solid waste.
(7) "Lower explosive limit" means the lowest per cent by volume of a mixture of explosive
gases in air that will propagate a flame at twenty-five degrees Celsius and atmospheric
pressure.
(M)
(1) "Materials placement area" means any area of the composting facility where compost
products, solid wastes, feedstocks, bulking agents, or additives are placed, processed, or
stored including, but not limited to, the following:
(a) Waste handling areas.
(b) Areas used for mixing, turning, composting, or otherwise processing solid waste.
(c) Storage areas for any
of the following:
(i) Bulking agents.
(ii) Curing compost.
(iii) Cured compost.
(iv) Compost product.
(v) Additives.
(vi) Materials
to be removed from the facility in accordance with rule 3745-27-45
of the Administrative Code.
(2) "Maximum horizontal acceleration in lithified earth material" means the maximum
expected horizontal acceleration depicted on a seismic hazard map, with a ninety per
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3745-27-01
10
cent or greater probability that the acceleration will not be exceeded in two hundred
fifty years, or the maximum expected horizontal acceleration based on a site-specific
seismic risk assessment.
(3) "Modification"
is defined in rule 3745-27-02 of the Administrative Code.
(4) "Monocell" means a discrete volume for solid waste, which is provided isolation from
other solid wastes, where a segregated waste stream is exclusively disposed within the
limits
of waste placement of a sanitary landfill facility.
(5) "Monofill" means a specialized sanitary landfill facility where a single segregated waste
stream
is exclusively disposed.
(6) "Municipal solid waste" is a type
of solid waste generated from community, commercial,
and agricultural operations, including, but not limited to, the following:
(a) Solid waste generated by community operations, i.e. wastes derived from
households (including single and multiple household residences, hotels, motels,
bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-
use recreation areas).
(b) Solid waste generated by commercial operations (including stores, offices,
restaurants, warehouses, and other non-manufacturing activities).
(c) Solid waste generated from agricultural operations (including single-family and
commercial farms, greenhouses, and nurseries).
(d) Sludge from municipal, commercial or industrial waste water treatment plants, water
treatment plants, and air pollution control facilities that
is co-disposed with wastes
specified in paragraph (M)(6)(a), (M)(6)(b), (M)(6)(c) or (M)(6)(e)
of this rule
in
a
sanitary landfill facility.
(e) Fly ash and bottom ash generated from the incineration
of municipal solid waste
provided the fly ash and bottom ash are not regulated as hazardous wastes.
(N)
(1) "Net working capital" means current assets minus current liabilities.
(2) "Net worth" means total assets minus total liabilities and
is equivalent to owner's equity.
(3) "New tire" means a tire that has never been installed on a vehicle or trailer, or any tire
that
is part of a new vehicle or trailer when the motor vehicle or trailer is manufactured
or initially received in this state. New tire does not include any used or retreaded tire.
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3745-27-01
II
(4) "New unit" means any unit of a sanitary landfill facility that did not receive solid waste
prior to June 1, 1994, and that has not been designated an existing unit by the owner or
operator. A new unit may be contiguous or noncontiguous.
(5) "Nonputrescible solid wastes"
is defined in rule 3745-27-12 of the Administrative Code.
(6) "Nuisance" means anything which is injurious to human health or offensive to the
senses; interferes with the comfortable enjoyment of life or property; and affects a
community, neighborhood, or any considerable number
of persons (although the extent
of annoyance or damage inflicted upon individual persons may be unequal).
(0)
(I) "Occupied structure" is defined in rule 3745-27-12 of the Administrative Code.
(2) "Open burning" means the burning
of solid wastes in an open area or burning of solid
wastes in a type
of chamber or vessel that is not approved or authorized in rules adopted
by the director under section 3734.02 of the Revised Code or, if the solid wastes consist
of scrap tires, in rules adopted by the director under section 3734.73 of the Revised
Code, or the burning of treated or untreated infectious wastes in an open area or vessel
that
is not approved in rules adopted by the director under section 3734.021 of the
Revised Code.
(3) "Open dump" means a site where solid wastes or untreated infectious wastes have been
disposed without a license.
(4) "Open dumping" means the following:
(a) The deposition
of solid wastes, other than scrap tires, into waters of the state, and
also means the final deposition of solid wastes on or into the ground at any place
other than a solid waste facility operated in accordance with Chapter 3734. of the
Revised Code, and Chapters 3745-27, 3745-29, 3745-30, and 3745-37 of the
Administrative Code.
(b) The deposition
of solid wastes that consist of scrap tires into waters of the state, and
also means the tinal deposition
of scrap tires on or into the ground at any place
other than a scrap tire collection, storage, monofill, monocell, or recovery facility
licensed under section 3734.81
of the Revised Code, or at a site or in a manner not
specifically identified in division (C)(2), (C)(3), (C)(4), (C)(5), (C)(7), or (C)(l0)
of section 3734.85 of the Revised Code, or at any licensed solid waste facility if the
deposition
is not in accordance with Chapters 3745-27 and 3745-37 of the
Administrative Code.
(c) The deposition
of solid wastes that consist of scrap tires in buildings, trailers, or
other vehicles at locations other than a scrap tire transporter's registered business
location, a licensed scrap tire facility, or an unregistered scrap tire facility operating
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3745-27-01
12
in accordance with rule 3745-27-61 of the Administrative Code (such as pre-
positioned trailers in accordance with paragraph (C)(8) of rule 3745-27-56 of the
Administrative Code) for longer than fourteen days. The scrap tires in trailers or
vehicles shall be considered open dumped unless written prior notification
is given
to the local health department and Ohio EPA that the vehicle or trailer requires
mechanical repairs which will take longer than fourteen days to complete and that
the repairs are being completed in a timely manner.
(d) The deposition
of untreated or treated infectious wastes into waters of the state, and
also means the final deposition of untreated infectious wastes on or into the ground
at any place other than a licensed solid waste facility operated in accordance with
Chapter 3734.
of the Revised Code, and Chapters 3745-27 and 3745-37 of the
Administrative Code.
(5) "Operator"
or "facility operator" means the pcrson responsible for the on-site supervision
of technical operations and maintenance of a solid or infectious waste facility, or any
parts thereof, which may affect the performance
of the facility and its potential
environmental impact or any pcrson who has authority to make discretionary decisions
concerning the daily operations of the solid or infectious waste facility. "Operator" also
means the person responsible for the supervision
of technical operations of a scrap tire
transportation business.
(6) "Original scrap tire generator" or "original owner" means the person
or business who
purchased a new, retread, or used tire for use on a wheel or rim. Original scrap tire
generator
or original owner does not include anyone who has accepted a tire other than
a new or retreaded tire, for the purposes
of transportation, collection, storage,
processing, or disposal.
(7) "Owner"
or "property owner" means the person who holds title to the property on which
the solid waste facility, infectious waste treatment facility, or scrap tire transportation
business
is located.
(P)
(1)
"Parent corporation" means a corporation, or the ultimate corporation, which directly
owns at least fifty per cent
of the voting stock of the corporation which holds a permit
or license issued
in
accordance with section 3734.05 of the Revised Code and Chapter
3745-27, 3745-29, or 3745-30 of the Administrative Code; the latter corporation is
deemed a "subsidiary" of the parent corporation.
(2) "Permittee" means a person
to whom a permit to install has been issued.
(3) "Person" means the state, any political subdivision, public or private corporation,
individual, partnership, or other entity.
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3745-27-01
13
(4) "Phase" means a discrete area ofa sanitary landfill facility, which has been designated to
facilitate the systematic construction, operation, and closure of the sanitary landfill
facility. For a sanitary landfill facility, other than an industrial solid waste landfill
facility or residual solid waste landfill facility, a phase
is a discrete area that is part of a
unit.
(5) "Portable solid waste container" or "portable container"
is a container used for solid
waste transfer that is not part of the permanent structure of a transport vehicle, can be
removed from the transporting vehicle without compromising the container's
or the
transporting vehicle's structural integrity, and can be removed from the transporting
vehicle without utilizing destructive measures. Portable containers include trailers used
to store and transport solid wastes.
(6) "Premises" means one
of the following:
(a) Geographically contiguous property owned by an entity.
(b) Noncontiguous property that is owned by an entity and connected by a right-of-way
that the entity controls and
to which the public does not have access. Two or more
pieces of property that are geographically contiguous and divided by public or
private right-of-way or rights-of-way are a single premises.
(7) "Processed tire" or "processed scrap tire" means a scrap tire that has been altered through
a mechanical, chemical, thermal, or controlled combustion process so that the resulting
material is a marketable product or
is suitable for storage or disposal in a scrap tire
monocell or monofill facility. For the purpose
of disposal processed tires shall be
defined as a solid waste or a scrap tire based on the following:
(a) Processed tires that are readily identifiable as scrap tires or pieces of scrap tires by
visual inspection shall be disposed
of as scrap tires.
(b) Processed tires that are not readily identifiable as scrap tires or pieces of scrap tires
by visual inspection when disposed may be disposed of as solid waste rather than
scrap tires.
(c) Items manufactured from processed tires and scrap tire material which
is a by-
product of a manufacturing process when disposed may be disposed of as solid
waste.
(d) "Processed tire" includes, but
is not limited to, cut, split, and shredded tires. Baled
tires are only considered "processed tires" for the purpose
of disposal at a scrap tire
monocell or monofil!.
(8) "Public water supply well" means any well connected
to a public water system as
defined by division (A)
of section 6109.01 of the Revised Code.
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3745-27-01
14
(9) "Public well field" means any system of wells which is connected to a public water
system as defined by division (A) of section 6109.0 I of the Revised Code.
(Q)
(1) "Qualified ground water scientist" means a scientist or engineer who has received a
baccalaureate or post-graduate degree in the natural sciences or engineering and has at
least five years relevant experience in ground water hydrology and related fields to
enable that individual to make sound professional judgments regarding ground water
monitoring, contaminant fate and transport, and corrective measures.
(R)
(I) "Recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting solid waste that would otherwise be disposed in a solid waste disposal
facility and returning reconstituted materials to commerce as commodities for use or
exchange.
(2) "Regional aquifer" means the aquifer used as a primary source of water to wells within
one mile of the solid waste disposal facility.
(3) "Registered composting facility" means a composting facility where the owner or
operator has met all registration requirements of rule 3745-27-41 of the Administrative
Code.
(4) "Registrant" means any person to whom a registration certificate has been issued.
(5) "Regulatory floodplain" means an area covered by a one hundred year flood as depicted
on a flood insurance rate map published by the federal emergency management agency.
(6) "Residual solid waste" or "residual waste" is defmed in rule 3745-30-01 of the
Administrative Code.
(7) "Residual waste landfill facility" or "residual waste landfill" is defined in rule 3745-30-
01 of the Administrative Code.
(8) "Retention time" means the average time for gases to pass through a chamber. The
residence time is equivalent to retention time.
(9) "Rough tire shreds" or "rough shredded scrap tires" means tire shreds or cut tire pieces
that have any dimension greater than four inches.
(S)
(1) "Salvaging" means the extracting or removing of materials from the solid waste stream at
the working face of a solid waste disposal facility for the intended purpose of recycling
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3745-27-01
15
or for removal to a salvage facility regulated by Chapter 4737. of the Revised Code and
rules promulgated thereunder.
(2) "Sand
or gravel pit" means an excavation resulting from a mining operation where the
removal of sand or gravel is undertaken for commercial sale or use in another location.
This term does not include excavations of sand or gravel resulting from the construction
of the sanitary landfill facility.
(3) "Sandstone quarry" means an excavation resulting from a mmmg operation where
sandstone
is the principal material excavated for commercial sale or use in another
location. This term does not include excavations
of sandstone resulting from the
construction
of a sanitary landfill facility.
(4) "Sanitary landfill facility" means an engineered facility where the final deposition of
solid waste on or into the ground is practiced in accordance with Chapter 3745-27,
3745-29 or 3745-30, as appropriate, and 3745-37
of the Administrative Code, and
includes the units within the limits of waste placement, all ground water monitoring and
control system structures, buildings, explosive gas monitoring, control, and extraction
system structures, surface water run-on and runoff control structures, sedimentation
-
ponds, liner systems, and leachate management system structures. The sanitary landfill
facility includes
al1 portions of the facility described above and those areas within three
hundred feet of the limits of waste placement unless an alternate setback is deemed
acceptable by the director. If the owner or operator has not obtained approval of a
permit to install, which delineates the setback from the limits of waste placement,
submitted
in accordance with section 3734.05 of the Revised Code, the sanitary landfill
facility includes al1 portions of the facility described above and those areas within three
hundred feet
of the limits of waste placement unless the property line of the facility is
less than three hundred feet from the limits of waste placement, in which case the
sanitary landfill facility includes those areas within the property line.
(5) "Scavenging" means the removal by unauthorized personnel of materials from the solid
waste stream at waste handling areas of a solid waste disposal facility or solid waste
transfer facility.
(6) "Scrap tire" is a type of solid waste and means any unwanted or discarded tire, regardless
of size, that has been removed from its original use. "Scrap tire" includes all whole
scrap tires and pieces
of scrap tires which are readily identifiable as parts of scrap tires
by visual inspection.
For purposes
of this definition, "unwanted" means the original scrap tire generator,
original owner or manufacturer
of the tire no longer wants to use, or is unable to use the
tire for its original purpose, and "discarded" means the original scrap tire generator,
original owner, or manufacturer
of the tire has otherwise managed the tire in such a
manner that disposal has occurred.
"Scrap tire" does not include the following:
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3745-27-0 I
16
(a) A tire after it has been retreaded or regrooved for resale or reuse, unless it has been
declared defective or has been returned
to the seller or manufacturer for warranty
adjustment.
(b) A tire that is mounted and installed on a vehicle
or trailer, or earried on the vehicle
or trailer as the spare tire. Trucks with more than four wheels or with different size
wheels or tires may carry more than one spare tire.
For purposes
of this definition "installed" means placing the mounted wheel and
tire assembly at any
of the positions on a vehicle or trailer where a wheel and tire
assembly was initially placed on the vehicle or trailer during manufacture and
includes the position normally used for a spare tire or tires.
For purposes
of this definition "mounted" means placing a tire on a wheel rim so
that it can be installed on a vehicle. A mounted tire may be a scrap tire unless it is
also installed.
(c) Tires from non-motorized vehicles such as bicycles, or tires from small equipment
such as lawn mowers, wheelbarrows, etc.
[Comment: Tires from non-motorized vehicles may
be recycled, disposed of as
scrap tires,
or may be disposed of as solid waste.]
(d) Only at a retreading business, a retreadable casing stored in an enclosed building or
stored
in a manner otherwise authorized or exempted by the director that the
retreading business has inspected and individually labeled or marked the casing as
suitable for retreading.
(e) Tire derived fuel (TDF) or tire derived chips (TDC) as defined in this rule after the
TDF
or TDC has been transported from the scrap tire recovery facility for use as a
fuel
or for an authorized beneficial use.
(f) Non-pneumatic, hard, pressed tires, such as forklift tires.
(7) "Scrap tire eollection facility" means a type
of facility for scrap tire storage that meets
the following:
(a) The faeility is used for the receipt and storage
of whole scrap tires from the public
prior
to the transportation of the scrap tires to one of the destinations listed in rule
3745-27-65
of the Administrative Code.
(b) The facility exclusively stores scrap tires in portable containers.
(c) The aggregate storage of the portable containers in which the scrap tires are stored
does not exceed five thousand cubic feet.
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3745-27-01
17
[Comment: If the facility does not meet the above definition for a scrap tire
collection facility, then the facility may be a scrap tire storage facility.
If the
facility includes any equipment for processing (e.g. cutting or shredding
equipment) the scrap tires to produce a usable product, then the facility is a scrap
tire recovery facility.]
(8)
"Scmp tire facility" is a generic term that includes, but is not limited to, the following:
scrap tire collection facility, scrap tire storage facility, scrap tire recovery facility, scrap
tire monofill facility, scrap tire monocell facility, and scrap tire submergence facility as
those terms are defined in this rule.
(9) "Scrap tire generator" means any person or business that generates scrap tires. Scrap tire
generator includes the original scrap tire generator, as defined in this rule, and any
business which removes tires from vehicles and accepts scrap tires in the normal course
of business such as tire retail dealers and tire retreaders.
[Comment: A scrap tire generator or original scrap tire generator who stores more than
one hundred scrap tires and who does not qualify for one
of the exclusions from
registration in rule 3745-27-61 or permitting in rule 3745-27-63
of the Administrative
Code may also be a scrap tire collection, storage, or recovery facility.]
(IO) "Scrap tire handling area" means any area
of a scrap tire collection, storage, monoceIl,
monofill,
or recovery facility where scrap tires are stored, loaded, unloaded, sorted,
baled, shredded, prepared for processing, or otherwise processed. A scrap tire handling
area includes the scrap tire storage area but does not include vehicle staging areas,
vehicle storage areas, or buildings not used for the processing or storage
of scrap tires.
Scrap tire handling area also includes that portion
of a serap tire transporter's business
location whcrc scrap tires are unloaded, sorted, and loaded.
(II) "Scrap tire monocell facility" means a type of "monocell," as that term is defined in this
rule, that
is used or intended to be used exclusively for the environmentally sound
storage or disposal
of scrap tires that have been shredded, chipped, of otherwise
mechanically processed.
(12) "Scrap tire monofill facility" means a type
of "monofill," as that term is defined in this
rule, that
is used or intended to be used exclusively for the environmentally sound
storage or disposal
of scrap tires that have been shredded, chipped, or otherwise
mechanically processed.
(I3) "Scrap tire recovery facility" means any site, location, tract of land, installation, or
building that
is used or intended to be used for the processing of scrap tires for the
purpose
of extracting or producing usable products, materials, or energy from the scrap
tires. Processing includes but
is not limited to: a controlled combustion process,
mechanical process, thermal process, or chemical process that uses whole, split, or
shredded scrap tires
as a raw material. Scrap tire recovery facility includes any facility
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
18
that uses the controlled combustion of scrap tires in a manufacturing process to produce
process heat or steam or any facilily that produces usable heat or electric power through
the controlled combustion
of scrap tires in combination with another fuel.
(a) A "mobile scrap tire recovery facility"
is a type of scrap tire recovery facility owned
or operated by a person not otherwise licensed as a class I or class II scrap tire
recovery facility in Ohio and means any unit for processing tires which is designed
by the manufacturer for the regular movement from one operating site
to another
and which the owner or operator has used at more than one location during the
prior year. "Mobile scrap tire recovery facility" specifically includes any tire
clltting, baling, or shredding equipment that
is moved from site to site for the
purpose of processing scrap tires into a useable product at the site or before the
scrap tires are removed from the site.
(b) A "class I scrap lire recovery facility" means a scrap tire recovery facility with a
permitted daily design inpul capacity of two hundred tons of serap tires per day or
greater.
(c) A "class
II scrap tire recovery facility" means a scrap tire recovery facility with a
registered daily design input capacity of less than two hundred tons of scrap tires
per day.
(14) "Scrap tire storage area" means that part
of a premises including but not limited to a
scrap tire collection, storage, or recovery facility where whole scrap tires are stored. At
a scrap tire recovery facility the scrap tire storage area also means that part
of the
premises where processed scrap tires are stored.
(15) "Scrap tire storage facility" means any facility where whole scrap tires are stored prior
to the scrap tires being transported to one of lhe destinations listed in paragraph (D)(8)
of rule 3745-27-65 of the Administrative Code. A "class I scrap tire storage facility"
means a scrap tire storage facility that has a permitted capacity of more than ten
thousand square feet
of effective scrap tire storage. A "class II scrap tire storage
facility" means a scrap tire storage facility that has a registered capacity
of not greater
than ten thousand square feet of effective scrap tire storage.
[Comment: Division (C) of section 3734.71 of the Revised Code specifies that the
owner or operator of a class I scrap tire storage facility must also be lhe owner or
operator of a licensed scrap lire monocell, monofill, or recovery facility in Ohio, or a
solid waste or scrap tire monocell, monofill,
or recovery facility located in another state
and operating in compliance with the laws of that state.]
(16) "Scrap tire storage pile" means an area where scrap tires are stored either indoors or
outdoors on the floor, on the ground, or in racks. The dimensions
of a scrap lire storage
pile are determined by the location of fire breaks of at least the width specified
in
Chapter 3745-27 of the Administrative Code around the storage pile. A scrap tire
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3745-27-01
19
storage pile may consist of one or more separate racks. A scrap tire storage pile may
consist
of a combination of racks and on the floor or on ground storage of scrap tires.
(17) "Scrap tire submergence facility"
is a type of scrap tire monofill facility and means a
facility where only whole scrap tires are submerged in water in an engineered structure.
(18) "Scrap tire transporter" or "transporter" means the registrant for the scrap tire
transportation business
or anyone in the registrant's employ who signs the scrap tire
shipping papers or operates the registrant's scrap tire transportation vehicles.
(19) "Seismic impact zone" means an area where the maximum horizontal acceleration in
lithified earth material exceeds 0, 109.
(20) "Sewage sludge"
is defined in rule 3745-27-03 of the Administrative Code,
(21) "Sharp objects" means any object that has the potential
to puncture or lacerate,
including but not limited
to nails, sewing needles, straight pins, staples, metal screws,
hard plastic, glass, broken ceramics, and infectious waste "sharps."
(22) "Significant zone
of saturation" means a zone of saturation that may act as a
preferential pathway of migration away from the limits of solid waste placement.
(23) "Solid waste" means such unwanted residual solid or semisolid material, including but
not limited to, garbage, scrap tires, combustible and noncombustible material, street dirt
and debris, as results from industrial, commercial, agricultural, and community
operations, excluding earth or material from construction, mining, or demolition
operations, or other waste materials
of the type that normally would be included in
demolition debris, nontoxic fly ash and bottom ash, including at least ash that results
from combustion
of coal, biomass fuels, and ash that results from the combustion of
coal in combination with scrap tires where scrap tires comprise not more than fifty per
cent of heat input in any month, spent nontoxic foundry sand, and slag and other
substances that are not harmful or inimical to public health, and includes, but
is not
limited to, garbage, scrap tires, combustible and noncombustible material, street dirt,
and debris. Solid waste does not include any material that is an infectious waste or a
hazardous waste.
(24) "Solid waste disposal facility" means any site, location, tract
of land, installation, or
building used for incineration, composting, sanitary landfilling, or other approved
methods
of disposal of solid wastes.
(25) "Solid waste energy recovery facility" means any site location, tract
of land,
installation,
or building where mixed solid waste or select solid waste streams,
including scrap tires,
is used as or intends to be used as fuel to produce energy, heat, or
steam.
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3745-27-01
20
[Comment: A "solid waste energy reeovery facility", which exclusively uses scrap tires
and other approved rubber waste as fuel, may be regulated as a "scrap tire recovery
facility."]
(26) "Solid waste management district" means a county which has established a resolution,
or joint counties which have entered into an agreement, for the purposes of preparing,
adopting, submitting, and implementing a solid waste management plan for the county
or joint counties and for the purposes of providing for, or causing to be provided for, the
safe and sanitary management of solid wastes within all of the incorporated and
unincorporated territory of the county or joint counties and in compliance with Chapters
343. and 3734. of the Revised Code.
(27) "Solid waste management policy committee" means a committee established and
convened by the board of county commissioners of a county solid waste management
district or the board of directors of a joint solid waste management district to prepare
the solid waste management plan of the solid waste management district and in
compliance with division (B) of section 3734.54 of the Revised Code.
(28) "Solid waste transfer facility" or "transfer facility" means any site, location, tract of
land, installation, or building that is used or intended to be used primarily for the
purpose of transferring solid wastes that are generated off the premises of the facility
from vehicles or containers into other vehicles or containers for transportation to a solid
waste disposal facility. The term does not include any facility that consists solely of
portable containers that have an aggregate volume of fifty cubic yards or less nor any
facility where legitimate recycling activities are conducted. The term does not include
any facility that accepts scrap tires other than scrap tires which are accepted incidental
to a mixed solid waste shipment.
(29) "Source-separated" means feedstock types, authorized bulking agents, or additives that
have been separated at the point of generation or at the point of collection from other
solid wastes.
(30) "Source-separated yard waste" means yard waste that has been separated at the point of
generation or at the point of collection from other solid wastes. Source separation
includes, but is not limited to, such measures as placing yard waste in portable
containers and compartments of portable containers dedicated to yard waste collection,
and in vehicles dedicated to yard waste collection.
(31) "Surface water" means any water on the surface of the earth.
(T)
(I) "Tangible net worth" means the tangible assets that remain after deducting liabilities;
such assets would not include such intangibles as goodwill and rights to patents or
royalties.
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3745-27-01
21
(2) "Thel111ophilic stage" means a biological stage in the composting process characterized
by a high rate of decomposition, large heat generation, and temperatures, generally
above one hundred degrees Fahrenheit.
(3) "Tire" for purposes
of fee collection only is defined in section 3734.90 of the Revised
Code. "Tire" and "scrap tire" as used in Chapter 3745-27 of the Administrative Code
and the definitions in this rule are not restricted to motor vehicle tires but includes all
pneumatic tires.
[Comment: The definition
of "tire" found in section 3734.90 of the Revised Code
applies only to the collection of the state fee on the sale of new tires by a wholesaler.]
(4) "Tire adjustment center" means a premises to which defective new tires and tires
returned for warranty adjustment are shipped for analysis
of failure and final
disposition.
(5) "Tire derived fuel" (TOF) or "tire derived chips" (TOC) means a uniformly shredded
product obtained from whole tires where the maximum size
of ninety-five per cent of
the shreds are less than four inches in any dimension.
TOC may be used as a civil
engineering material or as feedstock for the manufacturing of crumb rubber or other tire
derived material. TOC
is defined using the ASTM "Standard Practice for Use of Scrap
Tires
in Civil Engineering Applications," (06270-98) (www.astm.org), section 3.1.29,
for x-minus classified, size reduced scrap tires.
(6) "Tire manufacturing finishing center" means premises where tires are manufactured,
inspected, and processed
to either finished stock or scrap.
(7) "Tire retreading business" means premises where scrap tires are recycled by processing
the scrap tire and attaching a new tread to the used tire casing.
(8) "Tire sidewall" means the flat circular part of a tire left after the tread has been cut away.
Tire sidewall does not include a bagel cut tire or any cut tire where a portion
of the tread
remains attached
to the sidewall.
(9) "Treat" or "treatment" when used in connection with infectious wastes, means any
method, technique, or process designed
to render the wastes noninfectious, including,
without limitation, steam sterilization and incineration, or in the instance of wastes
identified in division (R)(7) of section 3734.01 of the Revised Code, to substantially
reduce or eliminate the potential for the wastes
to cause lacerations or puncture wounds.
(U)
(I) "Unit" means a discrete area within the limits of waste placement of a sanitary landfill
facility, for which the owner or operator is authorized to dispose of solid waste, that is
delineated by the owner or operator for the purpose of complying with the siting,
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
22
construction, operational, closure/post-closure care ground water monitoring, and
financial assurance requirements
of Chapter 3745-27 of the Administrative Code.
(2) "Unstable area" means a location that is susceptible to natural or human induced events
or forces capable
of impairing the integrity of some or all of the structural components
of a landfill that are responsible for preventing releases from the landfill and can include
areas where on-site
or local soil conditions result in significant differential settling;
areas where the downslope movement of soil or rock due to gravitational influence
occurs;
or areas where the lowering or collapse of the land surface occurs either locally
or over broad regional areas.
(3) "Used tire" means a whole scrap tire. A used tire remains a scrap tire until
it has been
reused by being installed on a vehicle or trailer.
(V)
(1) "Vertical expansion" means the extension of the vertical boundary of waste placement
that occurs prior to beginning, or being required to begin, closure activities in
accordance with rule 3745-27-11 of the Administrative Code. A vertical expansion is a
"modification" as that term
is defined in rule 3745-27-02 of the Administrative Code. A
vertical expansion is not a "unit."
(W)
(1)
"Waste handling area" means any area of a solid waste facility where solid wastes are
stored, loaded, unloaded, baled, shredded, crushed, compacted, or otherwise processed
or subjected to salvaging activities. Waste handling areas do not include vehicle staging
or vehicle storage areas.
[Comment: For definitions
of other types of waste handling areas please see "infectious
waste handling area" and "scrap tire handling area. "]
(2) "Water pollution" means the unpermitted release of sediment from disturbed areas, solid
waste or waste-derived constituents, or leachate
to the waters of the state.
(3) "Waters of the state" means all streams, lakes, ponds, marshes, watercourses, waterways,
wells, springs, irrigation systems, drainage systems, and all other bodies or
accumulations of water, surface and underground, natural or artificial, which are
situated wholly
or partly within, or border upon, this state or are within its jurisdiction,
except those private waters which do not combine or effect a junction with natural
surface or underground waters.
(4) "Wetland" means any area that
is inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances does
support, a prevalence
of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas.
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
23
(5) "Windrow" means an elongated pile of solid waste constructed to promote composting.
(6) "Working face" means that portion of a sanitary landfill facility where solid wastes are
unloaded for final deposition.
(X) [Reserved.]
(Y)
(1) "Yard waste" means solid waste that includes only leaves, grass clippings, brush, garden
waste, tree trunks, tree stumps, holiday trees, and prunings from trees or shrubs. Yard
waste does not include industrial or agricultural processing wastes.
[Comment: The intent
of this definition is to identify a general type of vegetative waste
resulting from the care and maintenance of landscaped areas, lawns, and gardens that
has been collected for the purpose
of disposal or composting.
Vegetative waste
resulting from the use of commercial products, such as discarded flowers, potted
flowers,
or grave blankets that do not include plastic, metal, styrofoam, or other non-
biodegradable material would be considered a yard waste. Vegetative waste from
industrial processing such as food processing waste
is not a yard waste.]
(2) "Yard waste composting facility" means a composting facility receiving only yard
wastes, bulking agents, or additives as specified in rule 3745-27-40
of the
Administrative Code.
(Z)
(1) "Zone of saturation" means that part of the earth's crust, excluding the capillary zone, in
which all voids are filled with water.
(2) "Zoonotic agent" means a type
of microorganism, helminth, or virus that causes disease
in vertebrate animals and that is transmissible to human beings and causes or
significantly contributes
to the cause of increased morbidity or mortality of human
beings.
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-27-01
Effective:
R.C. 119.032 review dates:
CERTIFIED ELECTRONICALLY
Certification
10/18/2007
Date
Promulgated Under:
Statutory Authority:
Rule Amplifies:
Prior Effective Dates:
1110112007
08/08/2007 and 1110112012
119.03
3734.02,3734.021,3734.028,3734.12,3734.50,
3734.70,3734.71,3734.72,3734.73,3734.74
3734.01,3734.02,3734.12,3734.50,3734.51,
3734.70,3734.71,3734.72,3734.73,3734.74,
3734.84, 3734.86
07/28/1976,03/01/1990,05/3111991,06/0111994,
02/0111995,12/25/1998,01128/2002,08/15/2003,
07/0112004
24
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-42-03
Requirements for applications and engineering plans.
(A) Applications for both permits
to install and plan approvals required by rule 3745-42-
02 of the Administrative Code shall be made using forms prepared by Ohio EPA and
shall contain such information as the director deems necessary to determine whether
the criteria of rule 3745-42-04 ofthe Administrative Code are met.
(1) Any
of the following must be signed and certified by a professional engineer
licensed by the Ohio state board of registration for professional engineers and
surveyors:
(a) Plans for disposal systems, treatment works or sewerage systems including,
but not limited
to:
(i) Sanitary sewer extensions;
(ii) Pump stations or distribution systems;
(iii) Prefabricated unit installations (e.g., small sewage treatment plants);
(iv) Sewage treatment plants;
(v) Land application systems;
(vi) Holding tanks;
(vii) Mound systems;
(viii) Septic tanks and leach fields;
(ix) Drip irrigation systems;
(x) Monofills (disposal sites for fly ash, foundry sand
or other similar
industrial wastes); and
(xi) Industrial or commercial treatment works;
(b) Reports on process evaluations at treatment works and sewerage systems
including combined sewer overflow operational
or long term control plan
approvals, sewer system evaluations and infiltration/inflow analysis plans;
(c) Operation and maintenance manuals for disposal systems;
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3745-42-03
2
(d) POTW local limit technical justification submissions for approval in
accordance with pretreatment rules in Chapter 3745-3 of the Administrative
Code;
(e) General plans or facili ty plans, including feasibility and cost analysis;
(f) Impoundment closure plans; and
(g) Beneficial reuse or recycling plans that involve engineering calculations
including, but not limited to, structural fill projects, building foundations
and road beds.
(2) Applications for permits to install or plan approvals that are not required to be
signed and certified by a professional engineer licensed by the Ohio state board
of professional engineers and surveyorsinclude:
(a) Municipal sludge management plans using agronomically sound land
application rates;
(b) Beneficial use or recycling projects using agronomically sound land
application rates;
(c) Pretreatment program modification requests other than technical justification
modification requests for local limits including, but not limited to, changes
in sewer use ordinances, local laws and local regulations; and
(d) Groundwater monitoring plans.
(3) In addition to the specific types of documents in paragraph
(A)(
I) of this rule, the
director may require other permit application documents to be prepared and
sealed by a licensed professional engineer to protect public welfare or to
safeguard life, health or property.
(B) Applications for permits to install and plan approvals shall be signed by the person,
firm, agency or entity responsible for constructing or funding the construction of the
disposal system. If, after construction, the disposal system will be turned over to a
public entity or another party to own, operate and maintain, the director may require
both persons responsible for construction and the future owner or operator to sign the
permit application and be subject to the terms and conditions of the permit issued
thereafter. The application shall be signed as follows:
(I) In the case of a corporation, by a principal executive officer of at least the level
of vice president or his duly authorized representative, if such representative is
responsible for the overall operation of the facility;
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-42-03
(2) In the case of a partnership, by a general partner;
(3)
In the case of sole proprietorship, by the proprietor; and
3
(4) In the case of a municipal, state, federal or other governmental facility, by the
principal executive officer, the ranking elected official or other duly authorized
employee.
(C) In the case of plan approval for the land application of sludge, the application shall be
signed by either the president, vice-president or highest ranking corporate officer
with offices located in the state,
or the owner of the entity planning to apply the
sludge, and the highest elected official of the municipality from which the sludge is
generated.
(D) The signatures shall constitute personal affirmation that all statements or assertions
of
fact made in the application are true and complete and comply fully with applicable
state requirements and shall subject the signatory to liability under section 2921.13
of the Revised Code.
(E) Before the director will review an application package, it shall contain:
(l) The appropriate application fees (Comment: See section 3745. 11 of the Revised
Code);
(2) Two copies
of the permit to install application (e.g., Ohio EPA form 4309) with
all blanks filled in and the form signed in accordance with paragraph (B) of this
rule; and
(3) Four complete sets
of the detailed plans and at least two copies of the contract
specifications. The plans and specifications shall be submitted in accordance
with the following requirements, as applicable.
(a) All detailed plan sheets shall be eleven inches by seventeen inches, twenty-
two inches by thirty-four inches,
or twenty-four inches by thirty-six inches.
Each sheet shall have a sufficient margin
to allow for proper binding and
complete title blocks. Each set of plan sheets submitted on paper shall be
bound together.
(b) Each set
of detailed plans shall:
(i) State the name and type
of building or project;
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-42-03
4
(ii) State the owner's name and address including the county and township
or municipality;
(iii) Contain the name
of the engineer preparing the plans, the original or an
electronic signature
of the engineer and the engineer's stamp on the title
sheet of the detailed plans when required by paragraph (A) of this rule;
(iv) For projects that connect or discharge to the local sewer authority's
disposal system, contain a cover sheet that has the local sewer
authority's signature or a letter from the local sewer authority that
expresses support for the project;
(v) Contain cross sections and plan and profile views
of all the unit
processes within the treatment system and their capacities, with all
views drawn
to scale and clearly labeled;
(vi) Identify the dimensions and relative elevations
of structures;
(vii) Include, unless contained in a separate contract specification book,
identification
of the location and outline of equipment, and the location,
size, and ASTM designation of piping and joints;
(viii) Contain a hydraulic profile
of the flow of water through the unit
processes that indicates points of chemical addition, control
instrumentation, alarm levels, and monitoring equipment;
(ix) Include, unless contained in a separate contract specification book, the
equipment or product specifications;
(x) Where applicable, describe the ultimate method
of sludge disposal; and
(xi) Include, unless contained in a separate contract specification book,
identification
of stand-by equipment, including the number of each
component and each components capacity, location, size, and intended
operation.
(c) Each set
of detailed plans shall contain a site plan showing, where
applicable:
(i) Adjacent properties, storage areas, contours, existing and final grades
and drainage courses, property lines, existing and proposed buildings,
parking areas, drives, elevations, locations
of proposed and existing
treatment works, and all sewers that
will collect and transport sewage
or industrial waste;
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3745-42-03
5
(ii) Sanitary sewers, stonn sewers, and water lines or locations of water
wclls, including manholes and pump stations;
(iii) The location of each entry to the public sewer;
(iv) Isolation distances from the treatment works
to any water wells and
property lines; and
(v) The north arrow.
(d) Each set
of detailed plans shall contain a vicinity map showing surrounding
roadways, railroad tracks, and major water courses.
(F) The director may waive submittal requirements identified in paragraph (E)(3) of this
rule for specific technologies or project types, such
as industrial projects that require
a pennit to install prior to funding procurement, as necessary to efficiently review
the application package and administer this chapter.
(G) The director may allow electronic submittal
of any document required to be
submitted by this rule. If the director allows electronic submittal, he may allow the
pennittee to submit only one electronic copy
of the document, even if the permittee
would be required to submit more than one copy in non-electronic form by this rule.
(H) In addition to the information contained in paragraphs (A) to (E) of this rule,
applications for permits
to install for industrial waste treatment works that have a
direct discharge to waters of the state or are tributary to a treatment works shall
include, as applicable, all of the following:
(1) Written approval from the sewer authority that will be responsible for treating the
industrial waste.
The application shall contain a statement by the sewer
authority that it
is aware of the proposed project and agrees to accept the treated
industrial waste from the applicant's facility. The approval and statement may
be in the form
of a letter from the sewer authority, or each set of plans must be
signed by the sewer authority. If the applicant is proposing to connect to, or
construct or modify an existing sewerage system tributary to, a sanitary sewer
that is not owned or operated by the sewer authority responsible for treating the
industrial waste, then the connection, construction
or modification shall be
through an approved sewer tap to the sewerage system;
(2) Schematic diagrams
of the processes that generate, collect, treat, and dispose of
the industrial wastes. In the schematic diagram, the applicant shall:
Electronic Filing - Received, Clerk's Office, October 16, 2008
3745-42-03
6
(a) Clearly label each major process unit in sufficient detail
to allow the agency
to have a clear understanding of the types and quantities of pollutants that
may be generated
(b) Identify the average and maximum flow rates (expressed
as gallons per day)
for each major process unit that generates industrial waste, and identify the
frequency and volume
of spent chemical dumps and the concentrations of
pollutants in the influents and effluents for the pretreatment facility; and
(c)
If the plans are for a modification to an existing, approved facility,
distinguish between existing facilities and new facilities; and
(3) An engineering report. In the engineering report, the applicant shaH:
(a) Provide a project summary that presents the objectives to be achieved by the
proposed facility, and generally describes the means proposed to
accomplish the objectives, and the anticipated results. The project summary
shall also identify the appropriate categorical regulations, the appropriate
local effluent limitations, and any applicable court orders or pretreatment
standards;
(b) Briefly describe the manufacturing process or unit process generating the
industrial waste stream, and:
(i) Delineate the process unit operations in the facility producing the waste
streams and explain the relationship between these operations and how
the waste streams will be treated;
(ii) Describe the operating schedules; and
(iii) Characterize each waste stream by its average and maximum flow
values (expressed
in gallons per minute and gallons per day) and
chemical and physical characteristics, including the concentrations of
pollutants and maximum allowable loadings of all pollutants that may
be present in the waste stream. Particular emphasis shall be directed
towards applicable standards, toxic pollutants, and pollutants that the
industrial waste pretreatment facilities are designed to remove; and
(c) Briefly describe proposed and existing treatment facilities that will be used
to
treat the industrial waste streams described in paragraph (G)(3)(b) of this
rule, as well as standby and auxiliary equipment for each treatment unit
shown in the detail plans, and at a minimum:
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3745-42-03
7
(i) Describe the average and maximum flow rates (expressed in gallons per
minute and gallons per day) that each treatment unit will process,
excluding stand-by and auxiliary equipment, as well as the frequency
and concentrations
of pollutants in all dumps of the process line;
(ii) Describe the chemical and physical characteristics of the waste stream
that each treatment unit will receive, including the concentrations
of all
pollutants that the unit
is designed to remove or that may affect the
operation
of the unit;
(iii) Describe the chemical and physical characteristics
of the treated waste
stream for each treatment unit;
(iv) State the pertinent specifications
of each treatment unit and each major
equipment item, including stand-by and auxiliary equipment;
(v) State the critcria uscd
to dcsign or size each treatment unit and the
associated equipment; and
(vi) Describe the ultimate means
of disposal of residuals, sludges, and
collected industrial wastes.
(I) The director may waive requirements identified in paragraphs (H)(I)
to (H)(3) of this
rule for specific technologies or project types as necessary
to efficiently review the
application and administer this chapter.
Effective:
121112005
RC. 119.032 review date:
10/17/2008
Promulgated Under: RC. 119.03
Statutory Authority: R.C. 6111.03
Rule Amplifies: R.C. 6111.03,6111.44,6111.45,6111.46
Prior Effective Dates:
1/1/1974,8/15/1982,9/18/1987, 10/17/2003
Electronic Filing - Received, Clerk's Office, October 16, 2008
