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Permit WQ0014667001-South Central Water Company TEXAS COMMISSION ON ENVIRONMENTAL QUALITY ~p,TE ~ F ~ ~ r ~r NOTICE OF RECEIPT OF APPLICATION AND INTENT TO OBTAIN WATER QUALITY PERMIT RENEWAL PERMIT NO. WQ0014667001 APPLICATION. City of Schertz, 1400 Schertz Parkway, Schertz, Texas 78154-1634, has applied to the Texas Commission on Environmental Quality (TCEQ) to renew Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014667001 (EPA I.D. No. TX0128384) to authorize the discharge of treated wastewater at a volume not to exceed a daily average flow of 950,000 gallons per day. The domestic water treatment facility is located 6,700 feet southwest of the intersection of Lower Seguin Road and Farm-to-Market Road 1518 in Bexar County, Texas 78154. The discharge route is from the plant site to Womans Hollow Creek; thence to Martinez Creek; thence to Lower Cibolo Creek. TCEQ received this application on February 12, 2010. The permit application is available for viewing and copying at the Schertz Public Library, 608 Schertz Parkway, Schertz, Texas. ADDITIONAL NOTICE. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments. PUBLIC COMMENT /PUBLIC MEETING. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public. meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing. OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. Bryan W. Shaw, Ph.D., Chairman ~ Buddy Garcia, Commissioner ' Carlos Rubinstein, Commissioner Mark R. Vickery, P.G., Executive Director \ TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution May 11, 2010 The Honorable Hal Baldwin Mayor of Schertz 1400 Schertz Parkway Schertz, Texas 78154-1634 Re: Transfer of Permit No. WQ0014667001 (EPA I.D. No. TX0128384) (RN104800289) City of Schertz (CN600676944) Dear Mayor Baldwin: Enclosed is a copy of an order transferring the above referenced permit which was previously issued by the Commission to South Central Water Company. This document is part of the affected permit and should be incorporated therein. Should you need additional information, please contact Adriene McClarron of the Texas Commission on Environmental Quality's Water Quality Division, Applications Review and Processing Team, Business and Program Services Section (MC148), at (512) 239-5137. Sincerely, Laurie J. Lancaster, Team Leader Applications Review and Processing Team Business and Program Services Section Water Quality Division LJL/acm Enclosure cc: TCEQ Region 13, Water Program Manager P.O. Box 13087 Austin, Texas 78711-3087 512-239-1000 Internet address: www.tceq.state.tx.us primed on recycled paper using soy-teased ink - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY `SP'TE FT W ~ f 9 H r~ C/1 r ~ TRANSFER OF TEXAS COMMISSION ON ENVIlZONMENTAL QUALITY PERMIT NO. WQ0014667001 EPA LD. No. TX0128384 FROM South Central Water Company TO City of Schertz Ownership of the facilities covered by the above-referenced permit issued July 7, 2006, has changed. That part of the signature page pertaining to the name and mailing address of the permit holder is hereby changed so that the same shall hereinafter be and read as follows: "City of Schertz 1400 Schertz Parkway ` Schertz, Texas 78154-1634" The transferee is financially responsible for the proper maintenance and operation of the facility so as to _ comply with the terms and conditions of the permit. The failure to operate-the facility in accordance with the terms and conditions of the permit maybe good cause for revocation of the permit. This transfer is in accordance with 30 Texas Administrative Code Section 305.64. -This order is part of the permit and should be attached there to. Issued Date: April 29, 2010 Yv\~v ` For The Commission I t TPDES PERMIT NO. WQ0014667001 [For TCEQ Off ce Use Only: EPA ID No. TX0128384J TEXAS COMMISSION ON ENVIIZONMENTAL QUALITY P.O. Box 13087 Austin, Texas 78711-3087 PERMIT TO DISCHARGE WASTES under provisions of Section 402 of the Clean Water Act and Chapter 26 of the Texas Water Code South Central Water Company whose mailing address is P.O. Box 570177 Houston, Texas 77257-0177 is authorized to treat and discharge wastes from the Schertz Wastewater Treatment Facility, SIC Code 4952 located 6,700 feet southwest of the intersection of Lower Seguin Road and Farm-to=Market Road 1518 in Bexar County, Texas to Womans Hollow Creek; thence to Martinez Creek; thence to Lower Cibolo Creekin Segment No.1902-of the San Antonio River Basin only according with effluent limitations, monitoring requirements and other conditions set forth in this permit, as well as the rules of the Texas Commission on Environmental Quality (TCEQ), the laws of the State of Texas, and other orders of the TCEQ. The issuance of this permit does not grant to the permittee the right to use private or public property for conveyance of wastewater:along the discharge route described in this permit. This includes, but is not limited to, property belonging to any individual, partnership, corporation or other entity. Neither does this permit authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations. It is the responsibility of the permittee to acquire property rights as maybe necessary to use the discharge route. This permit shall expire at midnight, March 1, 2010. ISSUED DATE: d ~ W06 For the Commission r ~ r . O O N ~ d Z •t: S~•'~. cad ~cd ~ ~ cd ~ rn O bA ~ ^d p~ ~'`n rig ~ ~ `d ~ o ~ ~ E--~ ~ ~ j ~ v: v A a~ a~ a~ a~ ~ o ~ ~ ' ~ ; N o ~ y ~ ~ ~ 3 ~ ~ O . O s-. bA . ~ ~ in O ~ C ai ~ ~,.Y Q ~ Q ~ ~ ~ ~ N p. ~i , ~ ' o ~ o ~ 3 ~ ~ ~ Q., o c ~ ~ ~ ~ Y ~ O . ~ o r~ ~ Z O _ ~ ~ - o r,_,, , ~ 3 ~ o a~ • cn. 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The- following text includes these conditions and incorporates them into this permit. All definitions in Section 26.001 of the Texas-Water Code and 30 TAC .Chapter 305 shall apply to this permit and are incorporated by reference. Some specific defmitions of words or phrases used in this permit are as follows: 1. Flow Measurements a. Annual average flow -the arithmetic average of all daily flow determinations taken within the preceding 12 consecutive calendar months. The annual average flow determination shall consist of daily flow volume determinations made by a totalizing meter, charted on a chart recorder and limited to major domestic wastewater discharge facilities with a 1 million$a11o~Pe-,Ada-Y-or-g3'eater-per~i#t~d~low. b. Daily average flow -the arithmetic average of all determinations of the daily flow within a period of one calendar month. The daily average flow determination shall consist of determinations made on at least four separate days. If instantaneous measurements are used to determine the daily flow, the determination shall be the arithmetic average of all instantaneous measurements taken during that month. Daily average flow determination for intermittent discharges shall consist of a minimum of three flow determinations on days of discharge. . c. Daily maximum flow -the highest total flow for any 24-hour period in a calendar month. d. Instantaneous flow -the measured flow during the minimum time required to interpret the flow measuring device. e. 2-hour peak flow (domestic wastewater treatment plants) -the maximum flow sustained for atwo-hour period during the period of daily discharge: The.average of multiple measurements of instantaneous. maximum flowwithin atwo-hour period maybe used to calculate the 2-hour peak flow. f. Maximum2-hourpeakflow(domesticwastewatertreatmentplants)-thehighest2-hourpeakflowforany24-hourperiod in a calender month. 2. Concentration Measurements a. Daily average concentration -the arithmetic average of all effluent samples, composite or grab as required by this permit, within a period of one calendar month, consisting of at least four separate representative measurements. i. For domestic wastewater treatment plants -When four samples are not available in a calendar month, the arithmetic average (weighted by flow) of all values in the previous four consecutive month period consisting of at least four measurements shall be utilized as the daily average concentration. ii. For all other wastewater treatment plants -When four samples are not available in a calender month, the arithmetic average (weighted by flow) of all values taken during the month shall be utilized as the daily average concentration. b. 7-day average concentration - the arithmetic average of all effluent samples, composite or grab as required by this permit, within a period of one calendar week, Sunday through Saturday. c. Daily maximum concentration -the maximum concentration measured on a single day, by the sample type specified in the permit, within a period of one calender month. d. Daily discharge -the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in terms of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the sampling day. For pollutants with limitations expressed in other units of measurement, the "daily discharge" is calculated as-the average measurement of the pollutant over the sampling day. The "daily discharge" determination of concentration made using a composite sample shall be the concentration of the composite sample. When grab samples are used, the "daily discharge" determination of concentration shall be the arithmetic average (weighted by flow value) of all samples collected during that day. Page 3 South G.entraT Water.. Company : '~~~DES Permit No:ayVQ0014667001 _ z e. Fecal colifornbacteriaconcentration-thenumberofcoloniesoffecalcoliformbacteriaper.l00milliliterseffluent. The r~daily average fecal coliform bacteria concentration is ageometric mean of the values for.theeffluent samples,colleeted in a 'calendar .month. The geometric mean `"shall. be determined by; calculating the; nth' root of the product of all r `:measurements, made iri a calender month, where :n :equals -the: number of measurement"s :made, or,-;computed as the .antilogarithm of the .arithmetic.,mean of>the:logarithms of all measurements made in a•caiender month. -For any , . < measurement of fecal .colifonn ~bacteria_ equaling zero; a substituted value of one.; hall:be made.: for .input-into either ` . computation method...Tlie 7-day average for•fecal coliform bactena is .the geometric mean of the values for all, effluent samples collectedxduring ascalender:;lveek ~ - ~ . . _ f. Daily average loading (lbs/day). -the arithmetic average of all daily discharge loading calculations during a.period of one calender month: These. calculations must be. made for each day of the month that a parameteris-analyzed. The daily discharge, in terms of mass (lbs/day), is calculated as (Flow, MGD x Concentration, mg/1 x 8.34). g f Daily maximum loading (lbs/day) the highest daily_chscharge, in-terms of mass.(lbs/day) within' a,period of one . r a~calender month:: , _ 3. Sample Type.. . - a: Composite sample =-Fordorriestic wastewater, a composite sample is a sample made up of aminimum of three effluent ~:'portions`collected in a,continuouss24=hour period or during`tfie period of daily discharge if less than 24 hours, and - .combined in volumes proportional to flow, and.collected at the intervals required by 30 TAC §>319.9 (a):-.For industrial wastewater; a composite sample is a sample made up of a minimum of three effluent portions :collected in a continuous 24-hour period or during the period of daily discharge,if less than 24 hours; and combined:involumes proportional to flow,'and collected'at;the uitervals,requred.by'30 TAC § 3199.(li). • - , ample. eollested in lessrthan TS minutes:.. ~ ` - - b. Grab:>sample ='an:individual; s 4:~ Treatment Facility (facihty):~=,wastewater faeilities_used.in:tle conveyance; stor-age; .treatment, recycling,_reclamationand/or disposal'of,domestic;•sewage,,industnal,,wastes,,agricultural wastes; recreahonaT`wastes or other wastes~including sludge handling or disposal facilities under the jurisdiction of the .Comriiission. - _ s ~ , - . - s . 5:=,• ~ The terms"sewagealudge" is;defiied;as solid; semi-`solid; oraquid~residue generated duringahe treatment of~domestiasewage in 30 TAC .Chapter 312. This includes the solids which have not been classified as hazardous waste ,separated from wastewater by unit processes . 6. Bypass -the intentional diversion of a waste stream from any portion of a treatment facility. ,r , . . MONITORING AND REPORTING REQUIREMENTS 1. Self-Reporting J _ 1 Monitoring results shall be provided atahe intervals specified iri the pemut;;_Unlessotherwise specified in this pernut or :otherwise orderedby the Conunisson, the.permittee shall conducteffluent sampling andreporting inaccordance with 30 TAC § § 319.4.- 319.12. Unless otherwise specified, a monthly effluent report shall be submitted each month; to the Enforcement Division (MC 224) by;the~20th day of the:following month foreach discharge which is described by this permit whether or not a discharge is made for that month. Monitoring. results must be reported: on an approved self-report form, that is signed and certified as required by Monitoring. and Reporting Requirements No. 10. As provided by state law, the pemuttee is subj ect to administrative; civil and;criminaLpenalties, as applicable, for negligently or knowingly violating the Clean Water Act, the Texas Water Code, Chapters 26, 27, and 28, and Texas Health and Safety Code, Chapter 361, including but,not limited to knowingly making any false statement; representation, or.certification onany report; ,record, or;other document submitted or:required to be maintained under.ths:permit; includingmonitoringseports or reports;of compliance or noncompliance, or:falsifying, tampering with or knowingly rendering inaccurate any monitoring device or method required by this pernut or violating -any othex requirement imposed by state or federal regulations: _ - _ - 2. Test Procedures Unless otherwise specified in this permit, testprocedures. for the analysis ofpollutants shall complywith procedures specified in 30 TAC §§319.11 - 319.12. Measurements, tests and calculations. shall be accurately accomplished in a.representative manner. Page 4 South Central Water Company l ~ DES Permit No. WQ0014667001 3. Records of Results a. Monitoring samples and measurements shall be taken at times and in a manner so as to be representative of the monitored activity. b. Except for records of monitoring information,required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR Part 503), monitoring and reporting records, including strip charts and records of calibration and maintenance, copies of all records required by this permit, records of all data used to complete the application for this permit, and the certification required by 40 CFR § 264.73(b)(9) shall be retained at the facility site, or shall be readily available for review by a TCEQ representative for a period of three years from the date of the record or sample, measurement, report, application or certification. This period shall be extended at the request of the Executive Director. c. Records of monitoring activities shall include the following: i. date time and place of sample or measurement; ii. identity of individual who collected the sample or made the measurement. iii, date and time of analysis; iv. identity of the individual and laboratory who performed the analysis; v. the technique or method of analysis; and vi. the results of the analysis or measurement and quality assurance/quality control records. The period during which records are required to be kept shall be automatically extended to .the date of the fmal disposition of any administrative or judicial. enforcement.action that maybe instituted against the pernuttee. 4. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated'hereinrnore frequently than required by this permit using approved analytical methods .as specified above, all results of such monitoring shall be included in the calculation and reporting of the values submitted: on the approved-self-report form Increased frequency of sampling shall be. indicated on the self-report form. 5. Calibration of Instruments All automatic flow measuring or recording devices and all totalizing meters for measuring flows shall be accurately calibrated by a trained person at plant start-up and as often thereafter as necessary to .ensure accuracy, but not less often than annually unless authorized by the Executive Director for a longer period. Such person shall verify in writing that the device is operating properly and giving accurate results. Copies of the verification shall be retained at the facility site and/or shall be readily available for review by a TCEQ representative for a period of three years. 6. Compliance Schedule Reports Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of the permit shall be submitted no later than 14 days following each schedule date to the Regional Office and the Enforcement Division (MC 224). 7. Noncompliance Notification a. In accordance with 30 TAC § 305.125(9) any noncompliance which may endanger human health or safety, or the environment shall be reported by the permittee to the TCEQ. Report of such information shall be provided orally or by facsimile transmission (FAQ to the Regional Office within 24 hours ofbecoming aware of the noncompliance. A written submission of such information shall also be provided by the permittee to the Regional Office and the Enforcement Division (MC 224) within five working days of becoming aware of the noncompliance. The written submission shall contain a description of the noncompliance and its cause; the potential danger to human health or safety, or the environment; the period of noncompliance, including exact dates and times; if the noncompliance has not been corrected, the time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects. b. The following violations shall be reported under Monitoring and Reporting Requirement-7.a.: Page 5 IDES Permit~No: W - 001466700.1 _ South Central Water Company- ' ~ ~ - Q i, • Unauthorized discharges as defined in Permit Condition 2(g). - . ii.. Any unanticipated.bypass which exceeds any effluent limitation in the perriit. `iii. Violation of a permitted- vaxuriuin` daily discharge limitation' for. pollutants listed specifically iii the-Other Requirements section of an Industrial TPDES permt. ,-4 c - `Iu addition to'the above; any'effluent violation which deviafes'~from'tlie permittedeffluent limitation by. more. than 40% ' shall be'reported bythe perinittee in writingto the'Regiorial Office and•the EnfoicementDivision(MC 224) within 5 - working days of becoming aware of the noncompliance: ! ~ ` ' " d. Any noncompliance other than that specified`in this section; or any required`inforniationaot subiriitted o`r` submitted incorrectly, shall be reported to the Enforcement Div:ision'(MC 224)~as promptly as ~po`ssilile For effluent limitation violations, noncompliances shall be reported on the approved self-report ~fbrin' . r - 8. In accordance with the procedures described in 30.TAC~<§§ 35:301 - 3$,303 (relating to Water">Quality'Emergency and Temporary Orders) if the permittee knows in advance of the need for a bypass, it shall subnit prior notice by applying for such authorization. ~ . _ 9. Changes in Discharges of Toxic Substances - _ All existing manufacturing, commercial, mining,. and silvicultural permittees shall notify-the Regiorial~OfFice,'orally or by facsimile transmission within 24 liours;`and both the RegionahOffrce and the Enforcement Division (MC 224) in writing, within five {5) working days; after becoming aware of or having reason to believe: _ - a. `That any activity has occurred or will occur which would result in the 'discharge, on~a routine'or frequent=basis, of any. toxic pollutant listed at 40 CFR Part 122, Appendix D, Tables II and III (excluding Total Phenols) which is not limited . in the permit, if that discharge will exceed the highest of the following "notificanon'levels". ' i:' -One hundred inicr"ogratns=per titer 0100' µg/L;); ' r ` - iir Twohundred micrograms per lifer{200 µg/L) for acrolein-and acry` lonitrile; five hundred micrograms per liter (500 µg%I,) for 2,4=dinifcophenoTand~for-2'metlyL4;6-dinitrophenol; and.one milligrainper-liter (l.mg/L) for antimony;. iii. Five (5) times.the maximum concentration value reported for that pollutant in the permifapplication;;or iv. The level established by the TCEQ. b. That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, • :of °a toxic' pollutanf'whicli" is not limited°'in the permit, 'if that discharge-will exceed. the' highest' of the• following ';"notifieationlevels".:: > , ; , . ' is ~ Five hundred micrograms per liter (SOO µg/L); ' ii. One milligramper liter (1" mg7L)'for antimony; - iii. Ten .(10) times the maximum concentration value reported for that pollutant in the permit application; or iv. The level established by the TCEQ. 10: Sigiatories to Reports : ~ , , All reports and other information requested by the Executive Director shall be'sigried=by the person-and in .the manner required by 30' TAC § 305.128 (relating to Signatories to Reports). 11. All Publicly Owned Treatment Works (POTWs) must provide adequate notice to the Executive Director of the following: a. `-Any new iniroduction of pollutants into the POTW frorri an indirect discharger which would lie subject to section 301 or 306 of the CWA if it were directly discharging those pollutants; ' b. Ariy substantial change in the volume or character ofpollutants being introduced into that POTW by a source introducing • pollutants into the POTW at the time of issuance of the permit; and - - c. -For the purpose of this paragraph, adequate notice shall include information on: - - - i. The quality and quantity of effluent introduced into the P.OTW; and ii. Any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. Page 6 South Central Water Company ~~DES Permit No. WQ0014667001 PERMIT CONDITIONS 1. General a. When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect .information in an application or in any report to the Executive Director, it shall promptly submit such facts or information. b. This permit is granted on the basis of the information supplied and representations made by the permittee during action on an application, and relying upon the accuracy and completeness ofthat-information and those representations. After notice and opportunity for a hearing, this permit. may be modified, suspended, or revoked, in whole or in part, in accordance with 30 TAC Chapter 305, Subchapter D, during its term for good cause including, but not limited to, the following: i. Violation of any terms or conditions of this permit; ii. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or iii A change_in ~ysondition ha r .aitirec either a temporaLy or permanent reduction or eiimination of the authorized discharge. c. The permittee shall furnish to the Executive Director, upon request and within a reasonable time, any information to determine whether cause exists for amending, revoking, suspending or terminating the permit. The peruttee shall also furnish to the Executive Director, upon request, copies of records required to be kept by the permit. 2. Compliance a. Acceptance of the permit by the person to whom it is issued constitutes acknowledgment and agreement that such person will comply with all the temms and conditions embodied in the permit, and the rules and other orders of the Commission. b. The permittee has a duty to comply with all conditions of the permit. Failure to comply with any permit condition constitutes a violation of the permit and the Texas Water Code or the Texas Health and Safety Code, and is grounds for enforcement action, for permit amendment, revocation or suspension, .or for denial of a permit renewal application or an application for a permit for another facility. c. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the .permitted activity in order to maintain. compliance_wth the conditions of the_pernut._ - d. The permittee shall take all reasonable steps to rninim;~e or prevent any discharge or sludge use or disposal or other permit violation which has a reasonable likelihood.of adversely affecting human health or the environment. e. Authorization from the Commission is required before begiruting any change in the permitted facility or activity that may result in noncompliance with any permit requirements. f. A permit may be amended, suspended and reissued, or revoked for cause in accordance with 30 TAC 305.62 and 305.66 and Texas Water Code Section 7.302: The filing of a request by the permittee for a permit amendment, suspension and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. g. There shall be no unauthorized discharge of wastewater or any other waste. For the purpose of this permit, an unauthorized discharge is considered to be any discharge of wastewater into or adjacent to water in the state at any location not permitted as an outfall or otherwise defined in the Other Requirements section of this permit. h. In accordance with 30 TAC § 305.535(a), the permittee may allow any bypass to occur from a TPDES permitted facility which does not cause permitted effluent limitations to be exceeded or an unauthorized discharge to occur, but only if the bypass is also for essential maintenance to assure efficient operation. i. The pernmittee is subj ect to administrative, civil, and criminal penalties, as applicable, under Texas Water Code § § 7.051- 7.075 (relating to Administrative Penalties), 7.101 - 7.111 (relating to Civil Penalties), and 7.141 - 7.202 (relating to Criminal Offenses and Penalties) for violations including, but not limited to, negligently or knowingly violating the federal Clean Water Act, 301, 302, 306, 307, 308, 318, or 405, or any condition or limitation implementing any sections in a permit issued under the CWA § 402, or any requirement imposed in a pretreatment program approved under the CWA 402 (a)(3) or 402 (b)(8). Page 7 South Central=Water"Company ' '~~•DES.PermitNo: WQ001466,7.001 _ 3. Inspections and. Entry - a. Inspectionand entry shall be allowed as prescribed in the Texas Water Code Chapters 26, 27, and 28, and Texas<:Health and Safety-Code Chapter 361. b. `~=The rnembers.of the Contnissiori and employees and agents of the Commission are entitled to enter any public or private property at any reasonable time for the purpose of inspecting and investigating conditions relating to'the quality of water in.the state or the compliance with any rule,regulation,permit or other order ofthe Commission. Members, employees, or agents: of the Commission and Coriimission contractors. are -entitled .to enter public or private property.: at any "reasonable tmie::;to investigate orsmonitor-or, if the resporisible:party is'not responsive'or there-,is an immediate danger to,public``health' or the environment, to remove or remediate a condition related to the quality of water in the state. 1Vlembers employees, Commission contractors; or agents •acting,under; thisauthority who enter private ~property.shall observe the establishment's: rules and regulations concerning safety, internal security, .and fire protection; and if the property has management in residence, shall notify management or the person then in charge of lus.presence and shall exhibit proper credentials. If any member, employees?Commission contractor; or agent is refused therright to enter in or on public orpnvate property undertliiis authority,~the Executive Director may invoke the remedies authorized in Texas `-Water Code Section'. 7.002. The statement"above; that-Commission entry shall' occur in accordance with an establishment's Hiles and regulations concerning safety, internal security, and fire protection, is not grounds for denial orrestriction of entry to. any part of the facility, butmerely describes the Commission's duty to observe`appropriaternles 'and regulations~durnig~an inspection.: , 4. Permit Amendmenf and/orRenewal~ a. The permittee shall give notice to the Executive Director as soon as possible of any planned physical ;alterations' or additions to the. permitted facility if such .alterations or additions would require a permit amendment or result in a ` + violation~of pernut regni"reirients. Notice'shall'also be required under~this paragraph when: a. i. The alteration or addition to a permitted facility may meet one of the criteria for detennming whether a facility is ` anew source'in accordance with 30~TAC §-303.534 (relating.toNew•Sources aridNewDischargers); or . _ ii. The~'alteration or'addition could sigmficantly.~change; the nature:or mcrease the quantityofpollntants-discharged. This notification applies to pollutants which are subject :neither to _ effluent limitations in the _permit, nor to notification requirements in Monitoring and Reporting Requirements No. 9; , . . . iii. The alteration or addihon results in a significant change inthe permittee's sludge use or di§posal.practices, and such alteration, addition, or change. may justify, the application of permit conditions that are different from or absent in the `existing permit; mcldmg notification of~addihonal_use or=disposal•""sites.not:reported during the pemut application process or riot reporfed pursuant to an:approved land application plan: b.' Prior to any facility modifications;:additions.orexpansions that. will increase thetplant capacity:beyond the pemutted flow, the permittee must apply for and obtain proper authorization-from:.the Commission before: commencing construction. c. The periinttee:must'apply for an ameridmenf or renewal: pnor to expirarion oft$e existing permit in order~to continue a permitted activity after'the expiration~.date o£the pernut: If an application~is submitted-prior to the expiration date of the pernut, the existing permit shall remain in effect until the application is approved, denied; or returned: If the application is returned or denied, authorization to continue such activity shall terminate upon the effective date of the action. If an application is iiot submitted prior to the expiration date of the permit, the permit shall. expire and authorization to continue-such activity 'shall terminate: d. Prior to accepting or generating wastes which are not described in the permit application or which would result in a significantchange in the quantity or qualityof the existing discharge, the permittee must report the proposed changes to the Commission. The permittee must apply for a permit amendment reflecting any necessary changes in permit conditions, including effluent limitations .for pollutants not identified and limited by this permit. e. In accordance~with-the Texas Water Code 26,029(b); after a public hearing; notice of which shall be given to the pemuttee the Commission may require the perniittee, from time to time, for good cause, in accordance with applicable aws, to conform to new or additional conditions: f. If any toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is promulgated under Section 307(a) of the Clean Water Act for a toxic pollutant which is present in the discharge and that standard or prohibitionis more stringent than any limitation on the pollutant in this permit, this permit Page 8 South Central Water Company '~~-DES Permit No. WQ0014667001 shall be modified or revoked and reissued to conform to the toxic effluent standard or prohibition. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that established those standards or prohibitions, even if the pernut . has not yet been modified to incorporate the requirement.: 5. Permit Transfer a. Prior to any transfer of this permit, Commission approval must be obtained. The Commission shall be notified in writing of any change in control or ownership of facilities authorized by this permit. Such notification should be sent to the Applications Review and Processing Team (MC 148) of the Water Quality Division. b. A permit may be transferred only according to the.provisions of 30 TAC § 305.64 (relating to Transfer of Permits) and 30 TAC§ 50.133 (relating.to Executive Director:Action on Application or WQMP update). 6. Relationship to Hazardous Waste Activities T-hs~ar~it-doesx~aLauthorize_an}~ctivit~of hazardous_waste~toragerprocessing,_or_disposal_tivhich_requires~pennit_or other authorization pursuant to the Texas Health and Safety Code. 7. Relationship to Water Rights Disposal of treated effluent by any means other than discharge directly to water in the state must be specifically authorized in this permit and may require a'permit pursuant to Chapter l l of the Texas Water Code. 8. Property Rights A permit does not convey any property rights of any sort, or any exclusive privilege. 9. Permit Enforceability The conditions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is.held invalid, the application of such provision to other circumstances, and the remainder of ,this permit, shall not be affected thereby. 10. Relationship_to:PermitApplication The application pursuant to which the pernut has been issued is incorporated herein; provided, however, that in the event of a conflict between the provisions of this permit and the application, the provisions of the permit shall control. 11. Notice of Bankruptcy. a. Each permittee shall notify the executive director, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of Title 11 (Bankruptcy) of the United States Code (11 USC) by or against: i. the pernuttee; ii. an entity (as that term is defined in 11 USC, § 101(14)) controlling the permittee or listing the permit or permittee as property of the estate; or iii. an affiliate (as that term is defined in 11 USC, § 101(2)) of the permittee. b. This notification must indicate: i. the name of the permittee and the permit number(s); ii. the bankruptcy court in which the petition for bankruptcy was filed; and iii. the date of filing of the petition. OPERATIONAL REQUIREMENTS 1. The permittee shall at all times ensure that the facility and all of its systems of collection, treatment, and disposal are properly operated and maintained. This includes, but is not limited to, the regular, periodic examination of wastewater solids within the treatment plant by the operator in order to maintain an appropriate quantity and quality of solids inventory as described in the various operator training manuals and according to accepted industry standards for process control. Process control, maintenance, and operations records shall be retained at the facility site, or shall be readily available for review by a TCEQ representative, for a period of three years. Page 9 7 , South Central'VJater Company ' Z ~ DES.°~Permit N.o: WQ00,1.4.667.0.,Q1 - ~ 2. Upon request by the:.Executive Director, the perrnittee shall take appropriate samples and provide proper analysis`in order ` ' to` demonstrate compliance with Commission rules: Unless otherwise specified m this permif nor otherwise ordered by the Commission, he permittee; hall comply with all°applicable provision's of:30 TAC Chapter 3:12 concerning sewage sludge use and disposal and 30 TAC § § 319:21 - 319:29 concerning the discharge of certain hazardous metals. 3. Domestic wastewater treatment facilities shall comply with the following provisions: a. The peiinrttee shalTnotify the IVlumcipal Pemuts Team;,VVastewater Permittiug'Section (MC 1.48) of the Water Quality Division, in writing, of oily facility expan~ on~at least 90 days prior: to conduetin'g such-activity b: The permittee shall subriut a closure plan for review and approval to the Land'Application Team. Wastewater Pemutting Section (MC 1#8)•of the Water Quality Division,~for any closure activity at least90.days prioz to: conducting such activity. Closure is the act of:permanently taking a waste management unit or treatment facility-out of service and includes the permanent removal fromservice of any pit, tank;pond, lagoon, surfade~iripoundmerit and/or other treatment unit regulated by this:pemut. ` 4. The permittee is responsible for installing prior to `plant afart-up, and subsequently •maintaining; adequate safeguards to prevent the discharge ofuntreated or inadequately treated wastes during electrical power failures by means of alternate power sources, standby generators, and/or retention of inadequately treated wastewater: `5: ` Unles's othe'rvv~se specified;'tliepernuttee shallprovide.a readily.accessible.samphngpomt'and,.where applicable, aneffluent flow measuring device, or other acceptable<means by which ;effluent •flownay be;determmed ; n ` 6. The. permittee shall remit an annual water quality fee to the Commission as required by 30 TAC Chapter;21. Failure to pay the fee may result in revocation of this permit under Texas Water Code § 7.302(b)(6). 7. Documentation For all written notifications to the Commission required of the permittee by this permit, the permittee shall keep and make available a copy.of each suchnotification uriderthe same condition's as selfmonitoring data:arerequired to.bekeptand made available -%Except for inforriiation~required=for TRD.ES.permit applications; effluent data iricluding.effluentdata, in,permits, drafEpermits andpermit applications,'and other information specified as not confidentiak~`30,TAC~:§ 1.5(d); any-information submitted pursuant to this permit maybe claimed as confidential by the submitter. Any such claim must be asserted in the . manner prescribed in the application form or by stamping the words "confidential business :information°' on,each page contauung such information. If no claun is made at the ime of submission, information may be made available to the public without~further notice; If the Coinnussior'or Execuhve~Director agrees.with,the.designation of confidentiality, the TCEQ will notprovide'the~information fo`public inspection:unless required~by~the Texas Atforney,General or acourtpursuant to an open records request. If the Executive Director does not agree with the designation of confidentiality, the person submitting the information will be notified. ~ , . Facilities"which generate domestic wastewatershall complywith the following provision's;: domestic wastewater treatment • facilities at permitted industrial sites are exchtded - ~ ~ r _ j~: > , =s a. Whenever flow measurements for any domestic sewage treatment facility reach 75 percent ofthe;permitted daily average or annual average flow for three consecutive months; the.permittee must initiate engineering:::and-financial planning for expansion and/or upgrading of the domestic wastewater. treatment and/or :collection facilities. ;Whenever the flow - reaches 90 percent ofthe permitted daily average or annual~a~erageflow for.three consecutive months; the permittee shall obtain necessary authorization from the Commission to commence construction of the necessary additional treatment and/or collection facilities. In the case of.a domestic wastewater treatment facility which;reaches 75,percent of the permitted daily average or annual average flow forthree consecutive months, and the planned,population to be served or the quantity of waste.produced is not expected'to exceed the design limitations of the treatment facility, the pernuttee shall submit an engineering report supporting this claim to the Executive Director` °of the"Commission. If in the judgement of the Executive Director the population to be served will not cause pernut;noncompliance, when the requirement of this section maybe waived. To be effective, any waiver must be in writing and signed by the Director. ofthe Enforcement-Division (1VIC 149.) of the'Commission, and such waiver of these requirements will be reviewed upon.. expiration of the existing permit; however; any such waiver shall not be :interpreted as'condoning ~or excusing any violation of any permit parameter. • ° _ ; b. The.plans and specifications'for domestic sewage cohectionand treatment works associated with any domestic perrnit must be approved by the Commission, and failure to secure approval before commencing construction gf such works or making a discharge is a violation of this permit and each day is an additional violation until.approval has been secured. Page 10 South Central Water Company i ~ DES Permit No. WQ0014667001 c. Permits for domestic wastewater treatment plants are granted subject to the policy of the Commission to encourage the development ofarea-wide waste collection, treatment and disposal systems. The Commission reserves the rightto amend any domestic wastewater permit in accordance with applicable procedural requirements to require the system covered by this permit to be integrated into an area-wide system, should such be developed; to require the delivery of the wastes authorized to be collected in, treated by or discharged from said system, to such area-wide system; or to amend this permit in angother particular to effectuate the Commission's policy. Such amendments may be made when the changes required are advisable for water quality control purposes and are feasible on the basis of waste treatment technology, engineering, financial, and related considerations existing at the time the changes are required, exclusive of the loss of investment in or revenues from any then existing or proposed waste collection, treatment or disposal system. 9. Domestic wastewater treatment plants shall be operated and maintained by sewage plant operators holding a valid certificate of competency at the required level as defined in 30 TAC Chapter 30. 10. For Publicly Owned Treatment Works (POTWs), the 30-day average (or monthly average) percent removal for BOD and TSS shall not be less than 85 percent, unless otherwise authorized by this.permit. 11. Facilities which generate industrial solid waste as defined in 30 TAC § 335 1 shall comely with these provisions• a. Any solid waste, as defined in 30 TAC § 335.1 (including but not limited to such wastes as garbage, refuse, sludge from a waste treatment, water supply treatment plant or air pollution control facility, discarded materials, discarded materials to be recycled, whether the waste is solid,-liquid, or semisolid), generated by the permittee during the management and treatment of wastewater, must be managed in accordance with all applicable provisions of 30 TAC Chapter 335, relating to Industrial Solid Waste Management. b. Industrial wastewater that is being .collected, accumulated, stored, or processed before discharge through any final discharge outfall; specified by this pemut, is considered to be industrial solid waste until the wastewater passes through the actual point source discharge and must be managed in accordance with all applicable provisions of 30 TAC Chapter 335. c.. The pemuttee shall provide written notification, pursuant to the requirements of 30 TAC § 335:8(b)(i), to the Corrective Action Section (MC 127) of the Remediation Division infomvng the Commission of any closure activity involving an Industrial Solid Waste Management Unit, at least 90 days prior to conducting such an activity. d. Construction of any industrial solid waste management unitrequires the prior written notification ofthe proposed activity to the, Registration and. Reporting _Section (MC 129) of the Registration, Review, and Reporting Division. No person shall dispose of industrial solid waste, including sludge or other solids from wastewater treatment processes, prior to fulfilling the -deed recordation requirements of 30 TAC § 335.5. e. The term "industrial solid waste management unit" means a landfill, surface impoundment, waste-pile, industrial furnace, incinerator, cement kiln; injection well, container, drum, salt dome waste containment cavern, or any other structure vessel, appurtenance, or other improvement on land used to manage industrial solid waste. f. The permittee shall keep management records for all sludge (or other waste) removed from any wastewater treatment process. These records shall fulfill all applicable requirements of 30 TAC Chapter 335 and must include the following, as it pertains to wastewater treatment and discharge: i. Volume of waste and date(s) generated from treatment process; ii. Volume of waste disposed of on-site or shipped off-site; iii. Date(s) of disposal; iv. Identity of hauler or transporter; v. Location of disposal site; and vi. Method of final disposal. The above records. shall be maintained on a monthly basis. The records shall be retained at the facility site, or shall be readily available for review by authorized representatives of the TCEQ for at least five years. 12. For industrial facilities to which the requirements of 30 TAC Chapter 335 do not apply,-sludge and solid wastes; including tank cleaning and contaminated solids for disposal, shall be disposed of in accordance with Chapter 361 of the Texas Health and Safety Code. TCEQ Revision 05/2004 Page 11 Soutk Ceitral~~Water Company ` ~ ~ ~ ~t'DES:<PerrritNo`~ WQ001""4662001 . . , ~ rt ~ `SLUDGE PROVISIONS The permittee is authorized to dispose~of sludge only at a Texas Commission on Environmental Quality.(TCEQ) authorized land application ste'or co-disposal landfill: The`disposal of sludge by land application on property ' owned, leased or`under`the direct control of the permittee is' a'violafion of the permit unless"the site is authorized with the TCEQ. This provision does not authorize Distribution and Marketing of sludge. This provision does not authorize land application of Class A Sludge. This provision does not authorize the permittee::to land apply sludge on°~property!owned; leased or under the.direct control of:thepermittee . _ ~ LYING TO ALL SEWAGE SLUDGE LAND APPLICATION SECTION I. REQUIREMENTS APP , A., General:Requirements _ • . ; 1. The perrruttee ;shall handle and dispose of sewage sludge ;in accordance with 30 TAC Chapter 312 and all other applicable state ~ and federal regulations in ;a--manner' which protects ,public ;health-.;and the. environment from any reasonably. anticipated adverseeffects-due to any toxic :pollutants which maybe present in the sludge. 2, -In all cases, if the person (permit holder) who;prepares the sewage sludge supplies the sewage sludge to another.person _.for land application use or to the. owner or lease holder of the land, the permit holder shall.provide necessarysinformation to the parties who receive the sludge to assure compliancezwith these regulations. . 3. The permittee shall give 180 days prior notice to the.Executive Director in care of the Wastewater Permitting Section MC 14'8 of the Water.;. ugh . Division of ari char e Tanned m theaewa a sludge 'dis osal ~ ractice. ~;.I B. Testing Requirements 1..- Sewage~sludge shall bertested once,durmg theterm}of this perrrut ru, accordance with the:method specified in both 40 „CFR Rart261; Appendix•II and,40 CFRPart 268, Appendix I [Toxicity Characteristic Leaching Procedure. (TCLP)] or other method; which receives the prior approval of t1ie;TCEQ for the, contaznuiants listed,m Table 1 of 40 CFR Section 261.24: Sewage sludge failing this test shall be managed:according to RCRA standards for generators of hazardous waste; and the waste's~dispositionmust.be m acc9rdance.with all applicable requixements for hazardous waste processing, storage; or disposal. Followuig;failtu~e of any TCLP test, the.management or disposal of sewage sludge: at a, facility other than an authorized hazardous waste processing, storage, or;disposal facility sliall be:.prolubited until such-time as the pennittee can demonstrate the sewage sludge no longer exhibits} the hazardous waste toxicity characteristics (as ,.demonstrated by the results of he TCLP tests):, A written report shallbe prouided,to both~the TCE.Q,.Registration and Reporting Section (MC~129) ofthe Registratron; Review, and Reporting Division and the RegionalDirector (MC Region 13) within 7 days after failing the TCLP Test. , , The report shall contain test results, certification that unauthonzed waste management has stopped and a summary of alternative disposal plans that comply with RCRA standards for the management of:hazardous waste. The report shall be addressed. to: Director, Registration, Review, and Reporting- Division (MC 129),, Texas Commission on Environmental Quality, P, O. Box 13087, Austin, Texas 78711-3087. In addition, the. permittee shall,prepare an annual report on the results of all sludge toxicity testing. This annual report shall be submitted to the TCEQ Regional Office (MC Region 13) and the Water :Quality Compliance 1Vlonitoring Team (MC 224) of the Enforcement Division by September 1 of each year. Page 12 South Central Water Company ~ ~ r'DES Permit No. WQ0014667001 2. Sewage sludge shall not be applied to the land if the concentration of the pollutants exceed the pollutant concentration criteria in Table 1. The frequency of testing for pollutants in Table 1 is found in Section I.C. TABLE 1 Ceiling Concentration Pollutant (milligrams per kiloeraml* Arsenic 75 Cadmium 85 ' Chromium 3000 .Copper 4300 Lead 840 Mercury 57 Molybdenum 75 Nickel 420 PC]~,~ 49 Selenium 100. Zinc 7500 * Dry weight basis ' 3. Pathogen Control All sewage sludge that is applied to agricultural land, forest, a public contact site, or a reclamation site shall be treated by one of the following methods to ensure that the sludge meets either the Class A or Class B pathogen requirements. a. Six alternatives are available to demonstrate compliance with Class A sewage sludge. The first 4 options require _ either the density of fecal coliform in the sewage sludge be less than 1000 Most Probable Number (MPN) per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the sewage sludge be .less than three •MPNper four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed. Below are the additional requirements necessary to meet the definition of a Class A sludge. Alternative 1 -The temperature of the sewage sludge that is used or disposed shall be maintained at or above a specific value for a period of time. See 30 TAC Section 312.82(a)(Z)(A).fnr specific information. Alternative 2 -The pH of the sewage sludge that is used or disposed shall be raised to above 12 std. units and shall remain above 12 std. units for 72 hours. The temperature of the sewage sludge shall be above 52 degrees Celsius for 12 hours or longer during the period that the pH of the sewage sludge is above 12 std. units. At the end of the 72-hour period during which the pH of the sewage~sludge is above 12 std. units, the sewage sludge shall be air dried to achieve a percent solids in the sewage sludge greater than 50 percent. Alternative 3 -The sewage sludge shall be analyzed for enteric viruses prior to pathogen treatment. The limit for enteric viruses is less than one Plaque-forming Unit per four grams of total solids (dry weight basis) either before or following pathogen treatment. See 30 TAC Section 312.82(a)(2)(C)(i-iii) for specific information. The sewage sludge shall be analyzed for viable hehninth ova prior to pathogen treatment. The limit for viable helminth ova is less than one per four grams of total solids (dry weight basis) either before or following pathogen treatrnent. See 30 TAC Section 312.82(a)(2)(C)(iv-vi) for specific information. Alternative 4 -The density of enteric viruses in the sewage sludge shall be less than one Plaque-forming Unit per four grams of total solids. (dry weight basis) at the time the sewage sludge is used or disposed. The density of viable hehninth ova in the sewage sludge shall be less than one per four grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed. Alternative 5 (PFRP) -Sewage sludge that is used or disposed of shall be treated in one of the processes to Further Reduce Pathogens (PFRP) described in40 CFRPart 503, Appendix B. PFRP include composting, heat drying, heat treatment, and thermophilic aerobic digestion. Alternative 6 (PFRP Equivalent) -Sewage sludge that is used or disposed of shall be treated in a process that has been approved by the U. S. Environmental Protection Agency as being equivalent to those in Alternative 5. .Page 13 South' Central' Water: Company ' _ . ~ 'l ~-~ES Hermit No.: WQ00:1;4:667001 b. Tlree.alternatives are available to.demonstrate compliance witliiClass B.:criteria for sewage sludge. „ , if. ; . - 1. - Alternative 1 - i. A minimum of seven:random!samples of the sewage sludge shall be collected within 48 hours of the time the sewage." sludges used;~or disposed of during each monitoring episode for the sewage sludge.'- ii. The geometric mean of the density of fecal coliform in the samples collected shall be less than either 2,000,000 MPN per gram of total solids (dry weight basis) or 2,000,000 Colony Forming Unitsper gram of total solids (dry weight basis). , ~ r` , Alternative 2 -Sewage>sludge that is used or disposed of shall be treated in one of the Processes~to Significantly Reduce Pathogens{PSRP):described in 40 CFR Part 503, Appendix B, so long as all of the following requirements are met by the generator of the. sewage sludge. i.. Prior ao use or disposal; all the sewage sludge must-have been generated. from a single.location, except as provided in paragraph v. below;. ~ _ ii. An independent Texas Licensed Professional Engineer mustmake a certification to the generatorof a sewage sludge that the wastewater treatment facility generating. the sewage` sludgeis designed to achieve one, of the PSRP at the permitted design loadug of the facility. The certification heed only be repeated if the-design loading of the facility is increased. Tlie certification shall include a statement indicating the;,design meets all the applicable standards specified iri Appendix B of 40 GFR Part 503; ui. ` Pnor t 'off=site .transportation or;on-site use or disposal of any sewage sludge generated at a wastewater treatment facility, the chief certified operator of the wastewater treatment facility or other responsible official who manages the; processes fo significantly reduce pathogens at: the wastewater reatinent,.facility ;for the permittee;` shall certify that the sewage sludge underwent at least-the minimum operational requirements ; necessary iri order;tameet one of the PSRP. The acceptable:processesandt~e minimum operational and record `keeping raquireinents shall be. in accordance;with-.established U. S:.Envronmental Protection Agency final guidance; _ . _ . _ - iv: All;certification-xecords and operationahrecordsdescribing how the requirements of this paragraph were met _ shall'bekept bythe generator fora minimum of three years and be availablefor inspection by commission staff forreview; and v. If the sewage. sludge 'is generated from amixture of sources, resulting from a person,who prepares sewage sludge from more than one wastewater treatment facility, the resulting derived product shall meet one of the PSRP, and shall meet.the certification; operation, andreeord keeping requirements,;of this paragraph. - Alternative 3 - Sewage sludge shall:.be treated in an equivalent process that has been approved by the U. S. Environmental Protection Agency, so long as all of thefollowing-requirements are met by>the>generator of the sewage sludge: ;i: Prior to :use:.or disposal; all,the. sewage sludge: must have been generated from a single.aocation, except as : provided.inparagraph v. below; ! : . ii. Prior~to any off-siteaansportation or;onsite use or disposal of any sewage sludge generated at a wastewater treatment facility, the chief certified.operator of the wastewater treatment facility or other responsible official who manages the processes to significantly. reduce pathogens at the wastewater treatment facility for the permittee, shall certify that the sewage sludge underwent at least the minimum operational requirements necessary in order to meet one of the;PSRP: The acceptable processes and the minimum operational and record keeping requirements shall be:.in accordance with established U_ S. Environmental Protection Agency final guidance; - - iii. All certification records and operational records describing how the requirements of this paragraph were met - shall be kept by the generator for a minimum of three years-and be available for inspection by:cornmission staff forreview; iv. The~execittive director will accept. from the U; S. Environmental Protection Agency a. finding of equivalency ao the'defined PSRP; and Page 14 South Central Water Company ~t'DES Permit No. WQ0014667001 v. If the sewage sludge is generated from amixture of sources resulting from a person who prepares sewage sludge frommore than one wastewater treatment facility, the resulting derived product shall meet one of the Processes to Significantly Reduce Pathogens, and shall meet the certification, operation, and record keeping requirements of this paragraph. In addition, the following site restrictions must be met if Class B sludge is land applied: i. Food crops with harvested parts that touch the sewage sludge/soil mixture and are totally above the land surface shall not be harvested for 14 months after application of sewage sludge. ii. Food crops with harvested parts below the surface of the land shall not be harvested for 20 months after application of sewage sludge when the sewage sludge remains on the land surface for 4 months or longer prior to incorporation into the soil. iii. Food crops with harvested parts below the surface of the land shall not be harvested for 38 months after application of sewage sludge when the sewage sludge remains on the land surface for less than 4 months prior to incorporation into the soil. iv. Food crops, feed crops, and fiber crops shall not be harvested for 30 days after application of sewage sludge. v. Animals shall not be allowed to graze on the land for 30 days after application of sewage sludge. vi. Turf grown on land where sewage sludge is applied shall not be harvested for 1 year after application of the sewage sludge when the harvested turf is placed on either land with a high potential for public exposure or a lawn. vii. Public access to land with a high potential for public exposure shall be restricted for 1 year after application of sewage sludge. viii. Public access to land-with a low potential for public exposure shall be restricted for 30 days after application of sewage sludge. ix. Land application of sludge shall be in accordance with the buffer zone requirements found in 30 TAC Section 312.44. 4. Vector Attraction Reduction Requirements All bulls sewage sludge that is applied to agricultural land, forest, a public contact site, or a reclamation site shall be treated by one of the following alternatives 1 through 10 for Vector Attraction Reduction. Alternative 1 - The mass of volatile solids in the sewage sludge shall be.reduced by a minimum of 38 percent. Alternative 2 - If Alternative 1 cannot be met .for an anaerobically digested sludge, demonstration can be made by digesting a portion of the previously digested sludge anaerobically in the laboratory in a bench-scale unit for 40 additional days at a .temperature between 30 and 37 degrees Celsius. Volatile solids must be reduced by less than 17 percent to demonstrate compliance. Alternative 3 - If Alternative 1 cannot be met for an aerobically digested sludge, demonstration can be made by~ digesting a portion of the previously digested sludge with a percent solids of two percent or less aerobically in the laboratory in a bench-scale unit for 30 additional days at 20 degrees Celsius. Volatile solids must be reduced by less than 15 percent to demonstrate compliance. Alternative 4 - The specific oxygen uptake rate (SOUR) for sewage sludge treated in an aerobic process shall be equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry weight basis) at a temperature of 20 degrees Celsius. Alternative 5 - Sewage sludge shall be treated in an aerobic process for 14 days or longer. During that time, the temperature of the sewage sludge shall be higher than 40 degrees Celsius and the average temperature of the sewage sludge shall be higher than 45 degrees Celsius. Page 15 SoiztYi' Cei~ral Water Company 7 r t~ES Permit No: -VJQ0014667001 Alternative 6`- The Hof sewage sludge shall be raised to 12 or lugherby alkali addition and without the addition of p more alkali shall`reinain at 12'or higfier for two hours' and then.remam af-a~pH.of 1.1.5 or higher for. an - additona122 hours at~~the tiinethe.sewage sludge is.piepared.for sale or given'away in a bag'or other container. Alternative 7 - The-percent solids of sewage sludge that does not contain unstabilized solids generated in a primary wastewater treatment process shall be equal to or greater than 75 percent based on the moisture content and total`sohds prior to nixing with other materials: Unstabilized solids are defined'as organic materials in sewage slidge'thathave not~beeri treated`in either aii'aerobic or=anaerobic treatment process. ` Alternative 8' The percent solids of sewage sludge that contains unstab`ilized-solids~generatedm a.primary wastewater - ~ -r- ' ~ treatineit process shall >;e equal to or,:greaterthau 90 percent'liased on the.:mgisture content and total `solids prior to mixing with other materials. at the time the sludge is used.: Unstaliilized solids are defined as organic materials in sewage. sludge that have not been treated .in either an aerobic or anaerobic 'treatrrientprocess. - - ~ ' Alternative 9 - i. Sewage sludge-shall be injected below the surface of the land: = ' ' ` ' ii.. -No signif cant arriount of the sewage sledge sliall be present:on the land-surface within one hour a$erthe sewage sludge is injected: iii. When sewage sludge that is injected below the surface of the land is.Class A with respect to " " ~ atho ens, the sews e slud e shall=be"in~ected below`the land>surface wilhin ei f hours after p. g g g'. J ~ <; "'being'dscharged. fromahe pathogen ireatment'process ' ~ - " Alternative 10- i. Sewage sludge ~apphed,.to the land surface or placed on a surface disposal site shall be - ' • - ~ uic~`orpoated into the soil'"within six hours after-application to or placement on the land. _ . ii. When sewage sludge that is incorporated into the soil.is Class A with respect to pathogens, the- - sewage; sludge'shalLbe apphed'.to or placed on the land withui eight:hours after being discharged from the pathogen treatment.process. ~ z-;~` C. Monitoring Requirements - . , Toxicity Characteristic Leaching Procedure .(TCLP) Test -once during the term of this pemut , PCBs ' -:once-during, the term.of this permit, All'inetaf constituents and Fecal coliform or Salmonella sp 'bacteria. shall=be monitored. at.the appropriate .frequency. shown below, pursuant to 30 TAC Section 312.46(a)(1): - 'Amounfofsewage~sludge - _ metric tons per 365-damperiod MonitoririQ.Frequency>' 0 to less than 290 Once/Year 290 ` to less than 1,500 Once/Quarter 1,500 to less than 15,000 Once/Two Months 15,000 or greater ~ Once/Month The amount of bulk sewage sludge applied to the land (dry weight basis). ' Representative samples of sewage sludge shall be collected'and analyzed in accordance with the methods referenced in 30 TAC Section 312:7. Page 16 South Central Water Company `,.IDES Permit No. WQ0014667001 _ SECTION II. REQUIREMENTS SPECIFIC TO BULK SEWAGE SLUDGE FOR APPLICATION TO THE LAND MEETING CLASS A or B PATHOGEN REDUCTION AND THE CUMULATIVE LOADING RATES IN TABLE 2, OR CLASS B PATHOGEN REDUCTION AND THE POLLUTANT CONCENTRATIONS IN TABLE 3 . For those permittees meeting Class A or B pathogen reduction requirements and that meet the cumulative loading rates in Table 2 below, or the Class B pathogen reduction requirements and contain concentrations ofpollutants below listed in Table 3, the following conditions apply: A. Pollutant Limits Table 2 Cumulative Pollutant Loading Rate U.,1lilta~t (noUndS_per aS.S~) Arsenic 36 Cadmium 35 Chromium 2677 Copper 1339 Lead 268 Mercury 15 Molybdenum Report Only Nickel 375 Selenium 89 Zinc 2500 Table 3 Monthly Average Concentration Pollutant (millig ams per kiloQram)* Arsenic 41 Cadmium 39 .Chromium _ 1200.._ Copper 1500. Lead 300 Mercury 17 Molybdenum Report Only Nickel 420 Selenium 36 Zinc 2800 * Dry weight basis B. Pathogen Control All bulls sewage sludge that is applied to agricultural land, forest, a public contact site, a reclamation site, shall be treated by either Class A or Class B pathogen reduction requirements as defined above in Section I.B.3. C. Management Practices 1. :.Bulk sewage sludge shall not be. applied to agricultural land, forest, a public contact site, or a reclamation site that is flooded, frozen, or snow-covered so that the bulk sewage sludge enters a wetland or other waters in the State. 2. Bulk sewage sludge .not meeting..Class A requirements shall be land applied in a manner which complies with the Management Requirements in accordance with 30 TAC Section 312.44. 3. ;.Bulk sewage sludge shall be applied at or below the agronomic rate of the cover .crop. Page 17 . r.,. T , South Central Water Company``' - 1rilES Permit No:.WQ00.1r466700:1 - , ` 4. An information. sheet shall be~ pro`vided to the person who receives:-:bulk sewage "sludge sold or given away. The -information sheet shall contain he following inforrriation: : ` " ' ~ ` a. The name and address of the person who..prepared the sewage sldge.tliat;is. sold or given away in a bag or other . container for application to the land. _ ' b.' A statement that application of ttie sewage sludge to he land is~proliibited except in accordance: with the. instruction ' on the label or informatioi'sheet: - ~ : ' f c. The annual whole sludge application rate for the sewage sludge application rate for the sewage sludge that does not cause- any of the cumulative .pollutant .loading rates in Table 2 above to be exceeded, unless the pollutant concentrations in-Table 3 found in Section II above are meta D. Notification Requirements 1. If bulk sewage sludge is'applied to land in a State other than Texas, written notice shall be protnded prior to the initial land application to the permitting authority for the State in which the bulk sewage sludge is proposed to be applied. The notice shall include: - i~= a. The location, by street address, and specificlatitude and longitude, of each land application site. b. The approximate time period bulk sewage sludge will be applied to the site. c. The name, address, telep}one number,.and National Pollutant Discharge Elimination System permit number (if appropriate) for theperson who will apply the bulls sewage sludge. 2. The permittee shall give 180 days, prior notice,to .the Executive Director in care of the:Wastewater Permitting Section (MC 148) of the Water Quality Division of any change planned in,the`sewage sludge disposal.practice. E. Record keeping:Requirements .i« -The sludge documents will be retained ~at the facility site and/or shall be readily available for review by a TCEQ representative. The person who; prepares bulk sewage sludge or a sewage sludge material shall develop the following information and shall retain the' information at the facility site and/or shall be readily available for: review by a TCEQ representative fora period of five years. If the pernuttee supplies the sludge to another person who land applies the sludge, the permittee shall notify the land'applier of the requirements for record keeping found in 30 TAC Section 312.47 for persons ' who land apply. 1. The concentration (mg7kg) inj the sludge of each pollutant listed in Table 3 above aril the :applicable pollutant concentration criteria(mg/kg),orthe applicable cumulativepollutantloadingrateandtheapplicablecumulativepollutant loading rate limit (lbs/ac) listed in Table 2 above. 2. A description of how the pathogen reduction requirements are met (including site restrictions for Class B sludges, if applicable). 3. A description of how the vector attraction reduction requirements are met. 4: A description of how the management practices listed above in Section II:C are being met. 5. The following certification statement: "I certify, under penalty of law, that the applicable pathogen requirements in 30 TAC Section 312.82(a) or (b) and the vector attractionreduction requirements in 30 TAC Section 312.83(b) have been met for each site on whichbulk sewage sludge is-applied: This determination has been made under my direction and supervision in accordance with the system designed fo ensure that qualified personnel properly gather and evaluate the information'used to detenriine that the management: practices have been met. I :am.-aware that here: are significant penalties for false certification including fine and imprisonment." . _ _ 6. The recommended agronomic loading rate from the references listed in. Section II.C.3. above, as well as the actual .agronomic loading rate shall be retained. Page 18 South Central Water Company rPDES Permit No. WQ0014667001 The person who applies bulk sewage sludge or a sewage sludge material shall develop the following information and shall retain the inforn~ation at the facility site and/or shall be readily available for review by a TCEQ representative indefinitely. If the permittee supplies the sludge to another person who land applies the sludge, the permittee shall notify the land applier of the requirements for record keeping found in 30 TAC .Section 312.47 for persons who land apply. 1°. A certification statement that all applicable requirements (specifically listed) have been met, and that the permittee understands that there are significant penalties for false certification including fine and imprisonment. See 30 TAC Section 312.47(a)(4)(A)(ii) or 30 TAC Section 312.47(a)(5)(A)(ii); as applicable, and to the permittee's specific sludge treatment activities. 2. The location, by street address, and specific latitude and longitude, of each site on which sludge is applied. 3. The number of acres in each site on which bulk sludge is applied. 4. The date and time sludge is applied to each site. 5. The cumulative amount of each pollutant in pounds/acre listed in Table 2 applied to each site. 6. The total amount of sludge applied to each site in dry tons. , The above records shall be maintained on-site on a monthly basis and shall be made available to the Texas Commission on Environmental Quality upon request. F. Reporting Requirements The permittee shall report annually to the TCEQ Regional Office (MC Region 13) and Water Quality Compliance Monitoring Team (MC 224) of the Enforcement Division, by September 1 of each year the following information: 1. Results of tests performed for pollutants found in either Table 2 or 3 as appropriate for the permittee's land application practices. 2. The frequency of monitoring listed in Section I.C. which applies to the perrnittee. 3. Toxicity Characteristic Leaching Procedure (TCLP) results. 4. Identity of haulers) and TCEQ transporter number. 5. PCB concentration in sludge in mg/kg. 6. Date(s) of disposal. 7. Owner of disposal site(s). 8. Texas Commission on Environmental Quality registration number, if applicable. 9. Amount of sludge disposal dry weight (lbs/acre) at each disposal site. 10. The concentration (mg/kg} in the sludge of each pollutant listed in Table 1 (defined as a monthly average} as well as the applicable pollutant concentration criteria (mg/kg) listed in Table 3 above, or the applicable pollutant loading rate limit (lbs/acre) listed in Table 2 above if it exceeds 90% of the limit. 11. Level of pathogen reduction achieved (Class A or Class 12. Alternative used as listed in Section I.B.3.(a. orb.). Alternatives describe how the pathogen reduction requirements are met. If Class B sludge, include information on how site restrictions were met. 13. Vector attraction reduction alternative used as Listed in Section I.B.4. 14..Annual sludge production in dry tons/year. Page 19 South`Cen~r`al'VJaterGornpary 1rDES.PermitNo,.WQ0014667001 15. Amount of sludge land applied in drytons/year. ' 16: 'The certification-statement listed in-either 30.TAC`Section 312.47(a)(4)(A)(ii):or 30 TAC Section 312.47(a)(5)(A)(ii) as;applicableto the permitfee's sludge.treatment activities, shall::be atta'chedaathe annual reporting.form.::: ` 17. VJhen,'tle arriount of any pollutant'applied~ao;ahe.land:exceeds 90% of`thecumulative pollutant loading rate for that pollutant as described in Table'2, the permittee shall report the following information as an attachment to the annual reporl'ing form: ` < . a. The location,. by street address, and specific latitude and longitude. f;`' b. The number of acres in each site on which bulk sewage sludge is applied. c. The date and time bulk sewage sludge is applied to each site. d. The cumulative. amounf of each pollutant (i.e., pounds/acre) listed is Table 2 in the bulls sewage sludge applied to each site. . e. The amount of sewage sludge (i.e., dry tons) applied tofeach site: The above records shall be rimaintained:ori a~monthly:basis:~andahall-be made available to=the.Texas Commission on Environmental Quality upon request: t,, _ Page 20 South Central Water Company rPDES Permit No. WQ0014667001 SECTION III. REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE DISPOSED IN A MUNICIPAL SOLID WASTE LANDFILL A. The permttte shall handle and dispose of sewage sludge in accordance with 30 TAC Chapter 330 and all other applicable state and federal regulations to protect public health and the environment from any reasonably anticipated adverse effects due to any toxic pollutants that may be present. The pernuttee shall ensure that the sewage sludge meets the requirements in 30 TAC Chapter 330 concerning the quality of the sludge disposed in a municipal solid waste landfill. B. If the permttte generates sewage sludge and supplies that sewage sludge to the owner or operator of a Municipal Solid Waste Landfill (MSWLF) for disposal, the perrruttee shall provide to the owner or operator of the MSWLF appropriate information needed .to be in compliance with the provisions of this permit. C-~'he-permittershall-give-1-80-days-prior-norice~o~he._Exe~urv T~ir or in careszfthe Wastewater Pemutting Section (MC 148) of the Water Quality Division of any change planned in the sewage sludge disposal practice. D. Sewage sludge shall be tested once during the term of this permit in accordance with the method specified in both 40 CFR Part 261, Appendix II and 40 CFR Part 268, Appendix I (Toxicity Characteristic Leaching Procedure) or other method, which receives the prior approval of the TCEQ for contaminants listed in Table 1 of 40 CFR Section 261.24. Sewage sludge failing this test shall be managed according to RCRA standards for generators of hazardous waste, and the waste's disposition must be in accordance with all applicable requirements for hazardous waste processing, storage, or disposal. Following failure of any TCLP test, the management or disposal of sewage sludge at a facility other than an authorized hazardous waste processing, storage, or disposal facility shall be prohibited until such time as the permitte can demonstrate the sewage sludge no longer exhibits the hazardous waste toxicity characteristics (as demonstrated by the results of the TCLP tests). P, writtenreport shall be provided to both the TCEQ Registration and Reporting Section (MC 129) of the Registration, Review, and Reporting Division and the Regional Director (MC Region 13) of the appropriate TCEQ field office within 7 days after failing the TCLP Test. The report shall contain test results, certification that unauthorized waste management has stopped and a summary of alternative disposal plans that comply with RCRA standards for the. management of hazardous. waste. The report shall be addressed to: Director, Registration, Review, and Reporting Division (MC 129), Texas Commission on Environmental Quality, P. O. Box 13087, Austin, Texas 78711-3087. In addition, the permitte shall prepare an annual report on the results of all sludge toxicity testing. This annual report shall be submitted to the TCEQ Regional Office (MC Region 13) and the Water Quality Compliance Monitoring Team (MC 224) of the Enforcement Division by September 1 of each year. E. Sewage sludge shall be tested as needed, in accordance with the requirements of 30 TAC Chapter 330. F. Record keeping Requirements The permitte shall develop the following information and shall retain the information for five years. 1. The description (including procedures followed and the results) of all liquid Paint Filter Tests performed. 2. The description (including procedures followed and results) of all TCLP tests performed. The above records shall be maintained on-site on a monthly basis and shall be made available to the Texas Commission on Environmental Quality upon request.. Page 21 SouthCentral`VJater"Company '1tDESPernutNo;~WQ0014667001 . G Repoi~ing Requirements ' - ~ ; , The,permittee shall report annually to the TCEQ Regional Office (MC Region 13) and Water Quality.Compliance Monitoring Tearn (MC 224) of the Enforcement Division by September 1 of each year the following information: ,r ~ , 1. '=Toxicity Characteristic Leaching Procedure (TCLP) results.:. . - , 2. Annual sludge production in-dry tons/year. , . 3. Amount of sludge disposed in a municipal solid waste landfill in dry tons/year. 4. Amount of sludge transported interstate m:dry ons/year. 5. A certification that the sewage sludge meets the requirements of 30 TAC Chapter 330 concerning the quality of the sludge disposed in a municipal solid waste landfill. . 6. Identity of haulers) and trans:: _ , . porter registration riumUer 7. Owner of disposal site(s) r . - - i> .413 , " 8. Locafioii'bfdfsposal-site(s): 9 '='Date(§) of disposal. > , The above records shall be maintained on-site on a monthly basis and shall be made available to the-Texas Commission ' oii Enviroruiiental Quality upon request:- _ _ . - _ Page 22 6 South Central Water Company .DES Permit No. WQ0014667001 OTgER.REQUIREMENTS 1. The permittee shall employ or contract with one or more licensed wastewater treatment facility operators or wastewater system operations companies holding a valid license or registration according to the requirements of 30 TAC Chapter 30, Occupational Licenses and Registrations and in particular 30 TAC Chapter 30, Subchapter J, Wastewater Operators and Operations Companies. This Category C facility must be operated by a chief operator or an operator holding a Category C license or higher. The facility must be operated a minimum of five days per week by the licensed chief operator or an operator holding the required level of license or higher. The licensed chief operator or operator holding the required level of license or higher must be available by telephone or pager seven days per week Where shift operation of the wastewater treatment facility is necessary, each shift which does not have the on-site supervision of the licensed chief operator must be supervised by an operator in charge who is licensed not less than one level below the category for the facility. 2. The facility is not located in the Coastal Management Program boundary. 3. The permittee is hereby placed on notice that this permit may be reviewed by the TCEQ after the completion of any new intensive water quality survey on Segment No. 1902 of the San Antonio River Basin and any subsequent updating of the water quality model for Segment No. 1902, in order to determine if the limitations and conditions contained herein are consistent with any such revised model. The permit may be amended, pursuant to 30 TAC Section 305.62, as a result of such review. The permittee is also hereby placed on notice that effluent limits may be made more stringent at renewal based on, for example, any change to modeling protocol approved in the TCEQ Continuing Planning Process. 4. The pernuttee shall comply with the requirements of 30 TAC Section 309.13 (a) through (d). In addition, by ownership of the required buffer zone area, the permittee shall comply with the requirements of 30 TAC Section 309.13(e). 5. Reporting requirements according to 30 TAC Sections 319.1-319.11 and any additional effluent reporting requirements contained in this permit are suspended from the effective date of the permit until plant startup or discharge, whichever occurs first, from the facility described by this permit. The permittee shall provide written notice to the TCEQ Regional Office (MC Region 13) and the Applications Review and Processing Team (MC 148) of the Water Quality Division at least forty-five (45) days prior to plant startup or anticipated discharge, whichever occurs first and prior to completion of each additional phase. 6. The permittee shall provide facilities for the protection of its wastewater treatment facilities from a 100- year flood. Page 23 t F ~ r South Central ~~Water Company ' ' ~ _ ~1 ~'DES~:Permit No; WQ00;14'667001 7. Prior~to construction of each phase, the permittee shall submit to the TCEQ Wastewater Permitting Section (MC -148) a summary submittal letter in accordance with the requirements in 30 TAC Section 317.1. If requested by the Wastewater Permitting Section, the permittee~shall submit plans, ` ` s ecificatio _ , p'., ns and'a final engneenng'desigri report"".which comply•wrth 30 TAC=~Chapter317, Design ' Criteria for'Sewe"rage`Systems?' TYie permittee Shall clearly show liow.the treatment system will meet the final permitted effluent liriutations required on Pages 2;`2a and"2b.of tle.perrrut.:~- . _ . , . . _ . a r t. ~ . _ v . 9 a . , i ~ _ i,.: .1~ r: . .t, i 1 ~ . _ Page 24