HomeMy WebLinkAboutSP-24-001 - Supplemental - 0403 Queen City Park Road (4)~VERMONT
State ofVermont Agency ofNatul'al Resou/'ces
Department ofEnvironmental Conservation [phone] 802-241-3822
Wastewater Management Division [fax] 802-241-2596
103 South Main St -The Sewing Bldg
Waterbmy VT05671-0405
www.anr.state.vt.us/dec/ww/wwmd.cfm
February 22, 2011
James Fay
Champlain Water District
403 Queen City Park Road
South Burlington, VT 05403
RE: Discharge Permit No. 3-1161-Filter Backwash Discharge to Potash Brook
Dear Mr. Fay,
Enclosed is your copy ofDischarge Permits No. 3-1161 which has been signed on behalf of
the Commissioner of the Department of Environmental Conservation. This permit authorizes
the discharge oftreated filter backwash from your facility to Potash Brook.
Please review the permits carefully and make note ofthe effluent limitations, monitoring
requirements, and other special conditions.
Since we did not receive any comments on these draft permits during the public notice period, the
final permits are unchanged from the drafts that were placed on public notice for comment.
Please note that this permit does not become effective until April 1, 2011 and ifthere are any
questions regarding this permit please contact Randy Bean at our office.
in~relY' / ( L!
~"J ()~nv/~~
rian D. Kooiker, Chief
Direct Discharge and O&M Section
attachments
Regional Offices -Bal'/'e/Essex Jct./Rutland/Sp/'ingfield/St. Johnsbul'Y
AGENCY OF NATURAL RESOURCES
DEPARTMENT OF ENVIRONMENTAL CONSERVA nON
WASTEWATER MANAGEMENT DIVISION
103 SOUTH MAIN STREET, -THE SEWING BUILDING
WATERBURY, VERMONT 05671-0405
Pennit No.: 3-1161
File No.: 04-14
PIN: EJ96-0094
NPDES No.: VT0020729
DISCHARGE PERMIT
In compliance with the provisions of the Vermont Water Pollution Control Act, as amended, (10 V.S.A.
Chapter 47 §1251 et. seq), and the Federal Clean Water Act, as amended (33 U.S.C. § 1251 et. seq),
Champlain Water District
403 Queen City Park Road
South Burlington, VT 05403
(hereinafter referred to as the "permittee") is authorized, by the Secretary, Agency ofNatUl'al Resources, to
discharge from a facility located at:
Queen City Park Road
South BUI'lington, Vermont
to the Potash Brook, Class B at the point ofdischarge in accordance with effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, II, III hereof.
This permit shall become effective on April 1, 2011.
This permit and the authorization to discharge shall expire on March 31, 2016.
"'[JClld rJ
Signed this i?i' day Of_'I-(LLLljj'""",JUt::Jt£=-t(}7t.1->~______--" 2011.
David K. Mears, Commissioner
Department of Environmental Conservation -
By
.
Christine Thompson, D' ector
Wastewater Mmiagement Division
Permit No.: 3-1161
Page 2
PART I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
1. From April 1 , 2011 lasting through March 31, 2016, the permittee is authorized to discharge
from outfall serial number SIN 001: treated filter backwash from a municpal water treatment
facility. Such discharges shall be limited and monitored by the permittee as specified below:
Discharge Limitations Monitoring Requirements
Monthly Measurement SampleEffluent Characteristic Daily MaximumAverage Frequency Type
Flow 0.370 mgd 0.490mgd Continuous Flow
10 mg/I 20 mg/I I x month 8 hour composite Demand
Total Suspended Solids 10 mg/I 1 x month 20 8 hour
Total Residual Chlorine 1 x week Grab
Total
0.04
8 hour composite
Total
1 x month
composite
Total Zinc
Monitor Ix
8 hour
pH
Monitor only I x month
6.5 to 8.5 SU I x month Grab
Samples taken in compliance with the monitoring requirements specified above shall be
taken at the outlet of the settling pond prior to discharge to Potash Brook.
2. Special Conditions:
a. Floor drains shall be used for disposing of normal floor washing solutions only. Any
chemical spill shall be segregated and disposed of in an appropriate manner other than in the
floor drains.
b. The discharge ofcorrosion control products that contain priority pollutants (ie. zinc) or
phosphorus is prohibited without approval from the Agency.
c. The accumulated sludge shall be removed from the settling pond as necessary to maintain
compliance with the effluent limitations specified in Condition LA.! above.
d. The dates and volumes of sludge removal shall be included on the appropriate discharge
monitoring repOit. The sludge shall be managed in accordance with Condition ILA.8 ofthis
permit.
e. This discharge shall not contain a visible sheen, foam, or floating solids 01' cause a visible
discoloration of the receiving water.
f. This discharge shall not cause 01' contribute to a violation of Water Quality Standards in the
receiving water.
Permit No.: 3-1161
Page 3
B. REAPPLICATION
If the permittee desires to continue to discharge after the expiration date of this permit, he shall
apply on the application forms then in use at least 180 days before the permit expires.
Reapply for a Discharge permit by September 30, 2015.
C. OPERATING FEES
This discharge is subject to operating fees. The permittees shall submit the operating fees in accord
with the procedures provided by the Secretary.
D. MONITORING AND REPORTING
1. Sampling and Analysis
The sampling, preservation, handling, and analytical methods used shall conform to
regulations published pursuant to Section 304(g) ofthe Clean Water Act, under which such
procedures may be required. Guidelines establishing these test procedures have been
published in the Code of Federal Regulations, Title 40, Part 136 (Federal Register, Vol. 56,
No. 195, July 1, 1999 or as amended).
If applicable, Escherichia coli shall be tested using one of the following methods:
a."Most Probable Number" (MPN) method 9223B found in Standard Methods for the
Examination ofWater and Wastewater, 18th or subsequent approved edition(s). Premade
formulations are available as Coliler! and Colilert 18 from IDEXX Labs Inc., Westbrook,
ME;
b. EPA "membrane filtration" (MF) method 1603 using modified mTEC; or
c. A single step membrane filtration (MF) method using mColiBlue 24 available from Hach
Company, Loveland, CO.
Samples shall be representative ofthe volume and quality of effluent discharged over the
sampling and reporting period. All samples are to be taken during normal operating hours.
The permittee shall identify the effluent sampling location used for each discharge.
2. Reporting
The Permittee is required to submit monitoring results as specified on a Discharge
Monitoring Report (Form WR-43). Reports are due on the 15th day ofeach month,
beginning with the month following the effective date ofthis permit.
If, in any reporting period, there has been no discharge, the permittee must submit that
information by the repmi due date.
Permit No.: 3-1161
Page 4
Signed copies ofthese, and all other repolts required herein, shall be submitted to the
Secretary at the following address:
Agency ofNatural Resources
Department of Enviromnental Conservation
Wastewater Management Division
103 South Main Street, The Sewing Building
Waterbury, Vermont 05671-0405
All reports shall be signed:
a. In the case ofcorporations, by a principal executive officer of at least the level of
vice president, 01' his/her duly authorized representative, if such representative is
responsible for the overall operation of the facility from which the discharge
described in the permit form originates;
b. In the case of a partnership, by a general partner;
c. In the case of a sole proprietorship, by the proprietor;
d. In the case of a municipal, State, or other public facility, by either a principal
executive officer, ranking elected official, or other duly authorized employee.
3. Recording of Results
The permittee shall maintain records ofall information resulting from any monitoring
activities required including:
a. The exact place, date, and time of sampling;
b. The dates and times the analyses were performed;
c. The person( s) who performed the analyses;
d. The analytical techniques and methods used including sample collection handling
and preservation techniques;
e. The results of all required analyses.
f. The records of monitoring activities and results, including all instrumentation and
calibration and maintenance records;
g. The original calculation and data bench sheets of the operator who performed
analysis ofthe influent or effluent pursuant to requirements of Section L(A) of this
permit.
The results of monitoring requirements shall be reported (in the units specified) on the
Vermont repolting form WR-43 or other forms approved by the Secretary.
4.
A.
1.
2.
MANAGEMENT REQUIREMENTS
Permit No.: 3-1161
Page 5
Additional Monitoring
Ifthe permittee monitors any pollutant at the location( s) designated herein more frequently
than required by this permit, using approved analytical methods as specified above, the
results ofsuch monitoring shall be included in the calculation and reporting ofthe values
required in the Discharge Monitoring RepOlt Form WR-43. Such increased frequency shall
also be indicated.
PART II
Facility Modification I Change in Discharge:
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant more frequently than, or at a level in excess of, that
identified and authorized by this permit shall constitute a violation of the terms and
conditions ofthis permit. Such a violation may result in the imposition of civil andlor
criminal penalties as provided for in Section 1274 and 1275 of the Vermont Water Pollution
Control Act. Any anticipated facility expansions, production increases, or process
modifications which will result in new, different, or increased discharges ofpollutants must
be reported by submission of a new permit application or, if such changes will not violate
the effluent limitations specified in this permit, by notice to the permit issuing authority of
such changes. Following such notice, the permit may be modified to specify and limit any
pollutants not previously limited.
Noncompliance Notification
In the event the permittee is unable to comply with any of the conditions of this permit due,
among other reasons, to:
a. breakdown or maintenance of waste treatment equipment (biological and physical
chemical systems including, but not limited to, all pipes, transfer pumps,
compressors, collection ponds or tanks for the segregation of treated or untreated
wastes, ion exchange columns, or carbon absorption units),
b. accidents caused by human error or negligence, or
c. other causes such as acts ofnature,
the permittee shall notify the Secretary within 24 hours of becoming aware of such condition
or by the next business day and shall provide the Secretary with the following information,
in writing, within five (5) days:
i. cause ofnon-compliance
Permit No.: 3-1161
Page 6
ii. a description of the non-complying discharge including its impact upon the
receiving water;
iii. anticipated time the condition ofnon-compliance is expected to continue or,
ifsuch condition has been cOll'ected, the duration ofthe period of non
compliance;
iv. steps taken by the permittee to reduce and eliminate the non-complying
discharge; and
v. steps to be taken by the permittee to prevent recurrence of the condition of
non-compliance.
3. Operation and Maintenance
All waste collection, control, treatment, and disposal facilities shall be operated in a manner
consistent with the following:
a. The permittee shall, at all times, maintain in good working order and operate as
efficiently as possible all treatment or control facilities or systems installed or used
by the permittee to achieve compliance with the terms and conditions ofthis permit.
b. The permittee shall provide an adequate operating staff which is duly qualified to
carry out the operation, maintenance, and testing functions required to insure
compliance with the conditions ofthis permit.
4. Quality Control
The permittee shall calibrate and perform maintenance procedures on all monitoring and
analytical instrumentation at regular intervals to ensure accuracy of measurements, or shall
ensure that both activities will be conducted.
The permittee shall keep records ofthese activities and shall provide such records upon
request ofthe Secretary.
The permittee shall analyze any additional samples as may be required by the Agency of
Natural Resources to ensure analytical quality control.
5. Bypass
The diversion or bypass offacilities, necessary to maintain compliance with the terms and
conditions ofthis permit, is prohibited, except where authorized under terms and conditions
of an emergency pollution permit issued pursuant to 10 V.S.A. Section 1268.
Permit No.: 3-1161
Page 7
6. Duty to Mitigate
the permittee shall take all reasonable steps to minimize 01' prevent any adverse impact to
waters ofthe State resulting from non-compliance with any condition specified in this
permit, including accelerated 01' additional monitoring as necessary to determine the nature
and impact ofthe non-complying discharge.
7. Records Retention
All records and information resulting from the monitoring activities required by this permit
including all records of analyses performed, calibration and maintenance of instrumentation,
and recordings from continuous monitoring instrumentation shall be retained for a minimum
of tlu'ee (3) years, and shall be submitted to Department representatives upon request. This
period shall be extended during the course ofunresolved litigation regarding the discharge
of pollutants or when requested by the Secretary.
8. Solids Management
Collected screenings, sludges, and other solids removed in the course oftreatment and
control ofwastewaters shall be stored, treated and disposed of in accord with 10 V.S.A.,
Chapter 159 and with the terms and conditions of any certification, interim or final,
transitional operation authorization or order issued pursuant to 10 V.S.A., Chapter 159 that
is in effect on the effective date of this permit or is issued during the term of this permit.
9. Emergency Pollution Permits
Maintenance activities, or emergencies resulting from equipment failure or malfunction,
including power outages, which result in an effluent which exceeds the effluent limitations
specified herein, shall be considered a violation of the conditions ofthis permit, unless the
permittee immediately applies for, and obtains, an emergency pollution permit under the
provisions of 10 V.S.A., Chapter 47, Section 1268. The permittee shall notify the
Department ofthe emergency situation by the next working day.
10 V.S.A., Chapter 47, Section 1268 reads as follows:
"When a discharge permit holder finds that pollution abatement facilities require repairs,
replacement or other corrective action in order for them to continue to meet standards
specified in the permit, he may apply in the manner specified by the secretary for an
emergency pollution permit for a term sufficient to effect repairs, replacements or other
cOl1'ective action. The permit may be issued without prior public notice if the nature ofthe
emergency will not provide sufficient time to give notice; provided that the secretary shall
give public notice as soon as possible but in any event no later than five days after the
effective date ofthe emergency pollution permit. No emergency pollution permit shall be
issued unless the applicant celiifies and the secretary finds that:
(1) there is no present, reasonable alternative means ofdisposing ofthe waste other than
by discharging it into the waters of the state during the limited period of time ofthe
emergency;
Permit No.: 3-1161
Page 8
(2) the denial of an emergency pollution permit would work an extreme hardship upon
the applicant;
(3) the granting ofan emergency pollution permit will result in some public benefit;
(4) the discharge will not be umeasonably harmful to the quality of the receiving waters;
(5) the cause or reason for the emergency is not due to wilful or intended acts or
omissions of the applicant."
Application shall be made to the Secretary of the Agency ofNatural Resources, Department
ofEnvironmental Conservation, 103 South Main Street, WaterbUIY, Vermont 05671-0405.
10. Power Failure
In order to maintain compliance with the effluent limitations and prohibitions ofthis permit,
the permittee shall either:
a. Provide an alternative power source sufficient to operate the wastewater control
facilities, or if such alternative power source is not in existence,
b. Halt, reduce, or otherwise control production and/or all discharges upon the
reduction, loss, or failure of the primary source of power to the wastewater control
facilities.
B. RESPONSIBILITIES
1. Right of EntIy
The permittee shall allow the Secretary or authorized representative, upon the presentation
ofproper credentials:
a. to enter upon the permittee's premises in which an effluent source or any records
required to be kept under terms and conditions of the permit are located;
b. to have access to and copy any records required to be kept under the terms and
conditions of the permit;
c. to inspect any monitoring equipment or method required in the permit; or
d. to sample any discharge ofpollutants.
2. Transfer of Ownership or Control
This permit is not transferable without prior written approval of the Secretary. All
application and operating fees must be paid in full prior to transfer ofthis permit. In the
. event of any change in control or ownership offacilities from which the authorized
Permit No.: 3-1161
Page 9
discharges emanate, the permittee shall provide a copy ofthis permit to the succeeding
owner or controller and shall send written notification ofthe change in ownership or control
to the Secretary. The permittee shall also inform the prospective owner or operator oftheir
responsibility to make an application for transfer ofthis permit.
This request for transfer application must include as a minimum:
a. A properly completed application form provided by the Secretary and the applicable
processing fee.
b. A written statement from the prospective owner or operator certifying:
i.. The conditions of the operation that contribute to, or affect, the discharge will
not be materially different under the new ownership.
n. The prospective owner or operator has read and is familiar with the terms of
the permit and agrees to comply with all terms and conditions ofthe permit.
iii. The prospective owner or operator has adequate funding to operate and
maintain the treatment system and remain in compliance with the terms and
conditions ofthe permit.
c. The date of the sale or transfer.
The Secretary may require additional information dependent upon the CUlTent status of the
facility operation, maintenance, and permit compliance.
3. Confidentiality
Pursuant to 10 V.S.A. 1259(b):
"Any records, reports or information obtained under this permit program shall be available
to the public for inspection and copying. However, upon a showing satisfactory to the
secretary that any records, reports or information or part thereof, other than effluent data,
would, if made public, divulge methods or processes entitled to protection as trade secrets,
the secretary shall treat and protect those records, reports or information as confidential.
Any records, reports or information accorded confidential treatment will be disclosed to
authorized representatives of the state and the United States when relevant to any
proceedings under this chapter."
4. Permit Modification
After notice and opportunity for a hearing, this permit may be modified, suspended, or
revoked in whole or in part during its term for cause including, but not limited to, the
following:
a. violation of any terms or conditions ofthis permit;
Permit No.: 3-1161
Page 10
b. obtaining this permit by misrepresentation or failure to disclose fully all relevant
facts; or
c. a change in any condition that requires either a temporary or permanent reduction or
elimination of the permitted discharge.
5. Toxic Effluent Standards
That ifa toxic effluent standard or prohibition (including any schedule of compliance
specified in such effluent standard or prohibition) is established under section 307(a) of the
Federal Act for a toxic pollutant which is present in the permittee's discharge and such
standard or prohibition is more stringent than any limitation upon such pqllutant in the
permit, the secretary shall revise or modify the permit in accordance with the toxic effluent
standard or prohibition and so notify the permittee.
6. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of legal action or relieve
the permittee from any responsibilities, liabilities, or penalties to which the permittee is or
may be subject under 10 V.SA §1281.
7. Civil and Criminal Liability
Except as provided in, "Bypass" (Part II, paragraph A.5.), "Power Failure" (Part II,
paragraph A.I0.), and "Emergency Pollution Permits" (Part II, paragraph A.9.), nothing in
this permit shall be construed to relieve the permittee from civil or criminal penalties for
noncompliance. Civil penalties, as authorized under 10 V.S.A. §1274 and 10 V.S.A. §801O,
shall not exceed $10,000 a day for each day of violation. Criminal penalties, as authorized
under 10 V.S.A. §1275, shall not exceed $25,000 for each day ofviolation, imprisonment
for up to six months, or both ..
8. State Laws
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to
any applicable State law or regulation under authority preserved by Section 510 of the Clean
Water Act.
9. Property Rights
Issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion ofpersonal rights, nor any infHngement ofFederal, State, or local laws or
regulations.
Permit No.: 3-1161
Page 11
10. Severability
The provisions ofthis permit are severable, and ifany provision ofthis permit, or the
application of any provision ofthis permit to any circumstance, is held invalid, the
application of such provision to other circumstances, and the remainder ofthis permit, shall
not be affected thereby.
11. Authority
This permit is issued under authority of 10 V.S.A. §1259 which states that: "No person shall
discharge any waste, substance, or material into waters ofthe State, nor shall any person
discharge any waste, substance, or material into an injection well or discharge into a
publicly owned treatment works any waste which interferes with, passes through without
treatment, or is otherwise incompatible with those works or would have a substantial
adverse effect on those works or on water quality, without first obtaining a permit for that
discharge from the Secretary", and under the authority of Section 402 of the Clean Water
Act, as amended.
PART III
A. OTHER REQUIREMENTS
This permit shall be modified, suspended or revoked to comply with any applicable effluent
standard or limitation issued or approved under Sections 301(b) (2) (C), and (D), 304(b) (2), and
307 (a) (2) of the Clean Water Act, if the effluent standard or limitation so issued or approved:
1. Contains different conditions or is otherwise more stringent than any effluent limitation in
the permit; or
2. Controls any pollutant not limited in the permit.
The permit as modified under this paragraph shall also contain any other requirements of the
Vermont Water Pollution Control Act then applicable.
B. DEFINITIONS
For purposes ofthis permit, the following definitions shall apply:
The Act -The Vermont Water Pollution Control Act, 10 V.S.A. Chapter 47
Annual Average -The highest allowable average of daily discharges calculated as the sum of all
daily discharges (mg/I, Ibs or gallons) measured during a calendar year divided by the number of
daily discharges measured during that year.
Average -The arithmetic means of values taken at the frequency required for each parameter over
the specified period.
Permit No.: 3-1161
Page 12
The Clean Water Act -The federal Clean Water Act, as amended.
Composite Sample -A sample consisting of a minimum of one grab sample per hour collected
during a 24-hour period (01' lesser period as specified in the section on Monitoring and Reporting)
and combined proportionally to flow over that same time period.
Daily Discharge -The discharge of a pollutant measured during a calendar day 01' any 24-hour
period that reasonably represents the calendar day for purposes of sampling.
For pollutants with limitation expressed in pounds the daily discharge is calculated as the total
pounds of pollutants discharged over the day.
For pollutants with limitations expressed in mg/l the daily discharge is calculated as the average
measurement of the pollutant over the day.
Grab Sample -An individual sample collected in a period ofless than 15 minutes.
Incompatible Substance (Pollutant) -Any waste being discharged into the treatment works which
interferes with, passes through without treatment, or is otherwise incompatible with said works 01'
would have a substantial adverse effect on these works 01' on water quality. This includes all
pollutants required to be regulated under the Federal Clean Water Act.
Instantaneous Maximum -A value not to be exceeded in any grab sample.
Major Contributing Industry -One that: (1) has a flow of 50,000 gallons or more pel' average
work day; (2) has a flow greater than five percent of the flow carried by the municipal system
receiving the waste; (3) has in its wastes a toxic pollutant in toxic amounts as defined in standards
issued under Section 307(a) ofthe Act; or (4) has a significant impact, either singly or in
combination with other contributing industries, on a publicly owned treatment works 01' on the
quality ofeffluent from that treatment works.
Maximum Day (maximum daily discharge limitation) -The highest allowable "daily discharge"
(mg/l, lbs 01' gallons).
Mean -The mean value is the arithmetic mean.
Monthly Average -(Average monthly discharge limitation) -The highest allowable average of
daily discharges (mg/l, lbs or gallons) over a calendar month, calculated as the sum ofall daily
discharges (mg/l, lbs or gallons) measured during a calendar month divided by the number ofdaily
discharges measured during that month.
NPDES -The National Pollutant Discharge Elimination System.
Secl'etary -The Secretary of the Agency ofNatural Resources
State Certifying Agency Agency ofNatural Resources
Department ofEnvironmental Conservation
Wastewater Management Division
Permit No.: 3-1161
Page 13
103 South Main Street
Waterbury, Vermont 05671-0405
Weekly Average -(Average weekly discharge limitation) -The highest allowable average of daily
discharges (mg/l, lbs or gallons) over a calendar week, calculated as the sum ofall daily discharges
(mg/l, lbs or gallons) measured during a calendar week divided by the number of daily discharges
measured during that week.
07/2000; u.4/2007