Loading...
HomeMy WebLinkAboutDSHW-2025-001318 Page 1 of 13 E. T. Technologies, Inc. Soils Regeneration Site SOLID WASTE TREATMENT FACILITY Pursuant to the provision of the Utah Solid and Hazardous Waste Act, Title 19, Chapter 6, Part 1, Utah Code Annotated (Utah Code Ann.) (the Act) and the Utah Solid Waste Permitting and Management Rules, R315-301 through 320 of the Utah Administrative Code adopted thereunder, this Permit is issued to: E. T. Technologies, Inc. as operator, and Salt Lake County and Salt Lake City as property owners (Permittees) to lease, own, construct, and operate the Soils Regeneration Site Solid Waste Treatment Facility located in Salt Lake County, Utah. The facility is located on property owned jointly by Salt Lake County and Salt Lake City, and within the permit boundary of the Salt Lake Valley Solid Waste Management Facility Landfill. An initial permit application was received from E. T. Technologies, Inc. on January 7, 2019 (DSHW-2019-000343). The Division requested additional information, which was received on November 22, 2019 (DSHW-2019-016202), May 13, 2021 (DSHW-2021-007342), December 28, 2021 (DSHW-2021-026123) and June 5, 2023 (DSHW-2023-047420). Together, these documents compose and are referred to as the Permit Application, which was determined complete on June 5, 2023. The Permittees are subject to the requirements of R315-301 through 320 of the Utah Administrative Code and the requirements set forth herein. All references to R315-301 through 320 of the Utah Administrative Code are to regulations that are in effect on the date that this Permit becomes effective. This Permit shall become effective , 2025. This Permit shall expire at midnight , 2035. Closure Cost Revision Date: , 2025. Signed this day of , 2025. Douglas J. Hansen, Director Division of Waste Management and Radiation Control Page 2 of 13 FACILITY OWNER/OPERATOR INFORMATION FACILITY NAME: E. T. Technologies Soils Regeneration Site OPERATOR NAME: E. T. Technologies, Inc. LANDOWNER NAME Salt Lake County and Salt Lake City OWNER ADDRESS: 6030 West California Avenue OWNER PHONE NO.: 801-973-2065 TYPE OF PERMIT: Solid Waste Treatment Facility PERMIT NUMBER: 2201 Location Located in south ½ of the southeast ¼ of the northeast ½ of the southeast ¼ of Section 10, Township 1 South, Range 2 West, Salt Lake Base and Meridian, Salt Lake County, Utah. PERMIT HISTORY This Permit is the initial permit for E. T. Technologies, Inc. E. T. Technologies leases an area of the property designated as Module 10 of the Salt Lake Valley Solid Waste Management Facility. Page 3 of 13 RECITALS A. The term “Permit” as used in this document is defined in R315-301-2(55) of the Utah Administrative Code. “Director” as used throughout this Permit refers to the Director of the Division of Solid and Hazardous Waste (Division). B. The Permit Application for E. T. Technologies, Inc. Soils Regeneration Site was deemed complete on the date shown on the signature page of this Permit. C. This Permit consists of the signature page, Facility Owner/Operator Information section, General Permit Conditions, Specific Permit Conditions, and all attachments to this Permit. D. The facility as described in this Permit consists of lined and unlined cells where liquid wastes are incorporated with soils, an on-site equipment maintenance shed, and ancillary equipment sheds. GENERAL PERMIT CONDITIONS 1. CONTROLLING TERMS Attachments to this Permit are incorporated by reference into and made part of this Permit, as are documents incorporated by reference into the attachments. All commitments the Permittee has made in the attachments of this Permit concerning how it will operate the permitted facility, including, without limitation, commitments concerning active operation, closure, post-closure, and financial assurance, are enforceable under R315-301-5(2) of the Utah Administrative Code. Where differences in wording exist between this Permit and the attachments of this Permit, the wording of this Permit supersedes that of the attachments. 2. COMPLIANCE NO DEFENSE Compliance with this Permit does not constitute a defense to actions brought under any other local, state, or federal laws. This Permit does not exempt the Permittees from obtaining any other local, state, or federal permits or approvals required for the facility’s operation. 3. EFFECT OF PERMIT The issuance of this Permit does not convey any property rights, in either real or personal property, or any exclusive privileges. Nor does this Permit authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations, including zoning ordinances. 4. SEVERABILITY The provisions of this Permit are severable. If any provision of this Permit is held invalid for any reason, the remaining provisions shall remain in full force and effect. If the application of any provision of this Permit to any circumstance is held invalid, its application to other circumstances shall not be affected. 5. INCORPORATION OF RECITALS The aforementioned recitals are expressly incorporated into and made a part of this Permit. By this Permit, the Permittees are subject to the following conditions. Page 4 of 13 SPECIFIC PERMIT REQUIREMENTS I. GENERAL COMPLIANCE RESPONSIBILITIES I.A. General Operation I.A.1. The Permittees shall operate the treatment facility in accordance with all applicable requirements of R315-301 through 320 of the Utah Administrative Code (the Rules), that are in effect as of the date of this Permit unless otherwise noted in this Permit. Any permit noncompliance or noncompliance with any applicable portions of Utah Code Ann. § 19-6-101 through 125 and applicable portions of the Rules constitutes a violation of this Permit or applicable statute or rule and is grounds for appropriate enforcement action, permit revocation, modification, or denial of a permit renewal application. I.A.2. The Permittees shall operate the treatment facility in the same manner as a composting facility as defined in R315-301-2(16) as a method of treating the organic component of the waste stream under controlled aerobic conditions until the waste can be safely handled, stored, and applied to land without adversely affecting human health and the environment. I.B. Acceptable Waste I.B.1. This Permit is for the treatment of non-hazardous solid waste that may include: I.B.1.a Very small quantity generator waste as defined by R315-260-10; I.B.1.b Sludge as defined by R315-301-2(68), including grease trap waste; I.B.1.c Petroleum contaminated soils as defined by R315-315-8(1); and I.B.1.d Sewage sludge as defined by R317-8-1.5(49). I.B.2. Wastes allowed in I.B.1 may contain free liquids as defined by R315-301-2(26), and may also meet the following definitions: I.B.2.a Commercial solid waste as defined by R315-301-2(14); I.B.2.b Industrial solid waste as defined by R315-301-2(35); or I.B.2.c Special waste as defined by R315-301-2(71). I.C. Prohibited Waste I.C.1. Any prohibited waste received and accepted for treatment, storage, or disposal at the facility shall constitute a violation of this Permit, of Utah Code Ann. § 19-6-101 and of R315-301 through 320 of the Utah Administrative Code. I.C.2. Prohibited waste includes, but is not limited to: I.C.2.a Hazardous waste as defined by R315-261-3 of the Utah Administrative Code; Page 5 of 13 I.C.2.b Municipal solid waste as defined by R315-301-2(47); I.C.2.c Construction/demolition waste as defined by R315-301-2(17); I.C.2.d Wastes that are acutely toxic to vegetation as described in the Acceptance Criteria of Remediation Soils detailed in Attachment 4; and I.C.2.e Wastes that are not biologically degradable in a soil matrix such as a metals concentration that would prevent product soils from meeting the criteria described in Attachment 3. I.D. Inspections and Inspection Access I.D.1. The Permittees shall allow the Director or an authorized representative, or representatives from the Salt Lake Health Department, with or without prior notice, to enter at reasonable times to: I.D.1.a Inspect the treatment facility or other premises, practices, or operations regulated or required under the terms and conditions of this Permit or R315-301 through 320 of the Utah Administrative Code; I.D.1.b Have access to and make copies of any records required to be kept under the terms and conditions of this Permit or R315-301 through 320 of the Utah Administrative Code; I.D.1.c Inspect any loads of waste, treatment facilities or processes, pollution management facilities or processes, or control facilities or processes required under this Permit or regulated under R315-301 through 320 of the Utah Administrative Code; and I.D.1.d Create a record of any inspection by photographic, video, electronic, or any other reasonable means. I.E. Noncompliance I.E.1. If monitoring, inspection, or testing indicates that any condition of this Permit or any applicable rule under R315-301 through 320 of the Utah Administrative Code may be or is being violated, the Permittees shall promptly make corrections to the operation or other activities to bring the facility into compliance with the Rules or the conditions of this Permit. Corrective actions may include, but are not limited to, eliminating the activity causing the noncompliance or violation, containment of any waste or contamination using barriers or access restrictions, placing of warning signs, or temporarily or permanently closing areas of the facility. I.E.2. If Permittees discover noncompliance with any condition of this Permit or violation of an applicable rule, the Permittees shall: I.E.2.a Document the noncompliance or violation in the daily operating record, on the day the event occurred or the day it was discovered; Page 6 of 13 I.E.2.b Notify the Director by telephone or email within 24 hours, or the next business day following documentation of the event; and I.E.2.c Give written notice of the noncompliance or violation and measures taken to protect human health and the environment within seven days after notifying the Director. I.E.3. Within thirty days after the documentation of the event, the Permittees shall submit to the Director a written report describing the nature and extent of the noncompliance or violation and the remedial measures taken or to be taken to protect human health and the environment and to eliminate the noncompliance or violation. Upon receipt and review of the assessment report, the Director may order the Permittees to perform appropriate remedial measures, such as development of a site remediation plan for approval by the Director. I.E.4. In an enforcement action, the Permittees may not claim as a defense that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with R315-301 through 320 of the Utah Administrative Code and this Permit. I.F. Revocation I.F.1. This Permit is subject to revocation if the Permittees fail to comply with any condition of this Permit. The Director will notify the Permittees in writing prior to any proposed revocation action and such action shall be subject to all applicable hearing procedures established under R305-7 of the Utah Administrative Code and the Utah Administrative Procedures Act. II. DESIGN AND CONSTRUCTION II.A. Design and Construction II.A.1. The Permittees shall construct any processing cell, sub-cell, run-on diversion system, runoff containment system, waste treatment facility, or design submitted as part of the Permit Application, in accordance with the R315-301 through 320 of the Utah Administrative Code. II.A.2. Historical soil surveys of the facility showing sub-surface clays that demonstrate the use of this facility to process wastes for biodegradation are shown in the Permit Application. II.A.3. Historical pond construction reports for existing lined ponds are shown in the Permit Application. II.A.4. Prior to construction of any engineered structure or feature, excluding buildings, and including but not limited to processing cells, cell liners, monitoring systems, control or collection systems, waste treatment units, or liquid handling systems, the Permittees shall: II.A.4.a Submit construction design drawings and Construction Quality Control and Construction Quality Assurance (CQC/CQA) Plans to the Director for approval, according to the permit modification process specified in R315-311-2. Page 7 of 13 II.A.5. The Permittees shall construct any engineered structure or feature described in condition II.A.4 of this Permit in accordance with the design drawings and CQC/CQA Plans approved by the Director. II.A.6. A qualified party, independent of the owner and the construction contractor shall perform the quality assurance function for components and other testing as required by the approved CQC/CQA Plans. II.A.7. No later than 90 days after construction, the Permittees shall: II.A.7.a Notify the Director of completion of construction of any engineered structure or feature described in condition II.A.4 of this Permit; and II.A.7.b Submit construction documents, including as-built drawings and CQC/CQA records for each construction event, stamped and approved by a professional engineer registered in the State of Utah, to the Director for review. II.A.8. No waste shall be accepted into any engineered structure or feature until the Director has reviewed the as-built documents and CQC/CQA records and has provided approval for the Permittees to accept waste. II.B. Run-On/Run-Off Controls II.B.1. The Permittees shall maintain run-on and run-off control systems to prevent run-on from entering the active area of the facility; and to contain, and collect and treat, if necessary, run-off from the active area of the facility. III. TREATMENT OPERATION III.A. Plan of Operations III.A.1. At all times, the Permittees shall keep the Plan of Operations included in Attachment 3 on site at the treatment facility or at the location designated in section II-J of this Permit. The Permittees shall operate the treatment facility in accordance with the Plan of Operations. III.A.1.a If necessary, the Permittees may modify the Plan of Operations, provided that the modification meets all the requirements of R315-301 through 320 of the Utah Administrative Code, is at least as protective of human health and the environment as the Plan of Operations in Attachment 3, and is approved by the Director as a modification under R315-311-2 of the Utah Administrative Code. III.A.1.b The Permittees shall note any modification to the Plan of Operations in the daily operating record. III.B. Security III.B.1. The Permittees shall operate the treatment facility so that unauthorized entry to the treatment facility is restricted. The Permittees shall: Page 8 of 13 III.B.1.a Lock all facility gates and other access routes during the time the treatment facility is closed; III.B.1.b Have at least one person employed by the Permittees at the treatment facility during the time the treatment facility is open; and III.B.1.c Maintain all fencing and any other access controls as shown in the Permit Application to prevent access by the public and large animals. III.C. Training III.C.1. The Permittees shall provide training for on-site personnel in solid waste treatment operation, including but not limited to waste load inspection, hazardous waste identification, personal safety and protection, and relevant documentation and notification requirements. III.D. Burning of Waste III.D.1. Intentional burning of solid waste is prohibited and is a violation of R315-303-4(2)(b) of the Utah Administrative Code. III.D.2. The Permittees shall take reasonable steps to prevent the ignition of accidental fires, maintain adequate fire protection to control any fires that may occur at the facility, and extinguish all accidental fires that ignite as soon as reasonably possible. III.E. Ground Water Monitoring III.E.1. The Permittees shall follow the Ground Water Monitoring Plan as described in Attachment 6. III.E.2. The Permittees may modify the Ground Water Monitoring Plan and the Ground Water Monitoring Quality Assurance/Quality Control Plan if necessary, provided that the modification meets all the requirements of R315-301 through 320 of the Utah Administrative Code and is as protective of human health and the environment as that approved in the Ground Water Monitoring Plan in Attachment 6, and is approved by the Director as a modification under R315-311-2 of the Utah Administrative Code. The Permittees shall note in the daily operating record any modification to the Ground Water Monitoring Plan and the Ground Water Monitoring Quality Assurance/Quality Control Plan. III.F. Gas Monitoring III.F.1. The Permittees shall monitor gases at the treatment facility in accordance with the Odor Management Plan in Attachment 1 and shall otherwise meet the requirements of R315-303-3(5) of the Utah Administrative Code. Page 9 of 13 III.F.2. The Permittees shall note any deviations from the Odor Management Plan in the daily operating record. III.F.2.a If any deviation from the Odor Management Plan is not compliant with the requirements of the Plan, the Permittees shall follow the procedures specified in Section I.E of this Permit. III.F.3. The Permittees may submit a request to the Director for modification of the Odor Management Plan, provided that the modification meets all the requirements of R315- 301 through 320 of the Utah Administrative Code and is protective of human health and the environment. III.F.3.a Each request for modification to the Odor Management Plan shall be considered a permit modification and is subject to the requirements of R315-311-2 of the Utah Administrative Code. III.F.4. If the concentrations of explosive gases at any of the facility structures, or at the property boundary, or beyond the property boundary, ever exceed the standards set in R315-303-2(2)(a), the Permittees shall: III.F.4.a Immediately take all necessary steps to ensure protection of human health and notify the Director; III.F.4.b Within seven days of detection, place in the daily operating record the explosive gas levels detected and a description of the immediate steps taken to protect human health; III.F.4.c Submit a remediation plan that meets the requirements of R315-303-3(5)(b) of the Utah Administrative Code to, and receive approval from, the Director; and III.F.4.d Upon approval from the Director, implement the approved remediation plan. III.G. Odor Control III.G.1. The Permittees shall manage and mitigate odors as described in the Odor Management Plan detailed in Attachment 1. III.H. Waste Inspections III.H.1. The Permittees shall inspect incoming waste loads according to Waste Acceptance Protocols described in Attachment 5 to verify that no wastes other than those allowed by Condition I.B of this Permit are accepted by the facility. III.H.2. The Permittees shall measure and record the oxygen concentration of waste undergoing biodegradation to measure the aerobic conditions of remediation soils as described in the letter to the Division dated May 6, 2021, included in Attachment 3. Page 10 of 13 III.I. Self Inspections III.I.1. The Permittees shall inspect the facility to prevent the release of waste or contamination that threatens human health and the environment as described in the Plan of Operations in Attachment 3. III.I.2. The Permittees shall complete these general inspections no less than quarterly and shall cover the following areas: processing cells and sub-cells, fences, and access controls; roads; run-on/run-off controls; ground water monitoring wells; odor management controls; and records. The Permittees shall place a record of the inspections in the daily operating record on the day of the inspection. The Permittees shall correct the problems identified in the inspections in a timely manner and document the corrective actions in the daily operating record. III.J. Recordkeeping III.J.1. The Permittees shall maintain and keep on file at the E. T. Technologies, Inc. office the daily operating records and other general records as required by R315-302-2(3) of the Utah Administrative Code. The facility operator, or other designated personnel, shall date and sign the daily operating record at the end of each operating day. Each record kept by the Permittees shall contain the signature of the appropriate operator or personnel and the date signed. The Daily operating record shall consist of the following two types of documents: III.J.1.a Records related to the daily operation or periodic events, including: The number of loads of waste and the weights, or estimates of weights or volumes, of waste received each day of operation and recorded at the end of each operating day; Major deviations from the approved Plan of Operation, recorded at the end of the operating day the deviation occurred; Results of monitoring required by this Permit, recorded in the daily operating record on the day of the event or the day the information is received; and Records of all inspections conducted by the Permittees, results of the inspections, and, if necessary, corrective actions taken, recorded in the daily record on the day of the event. III.J.1.b Records of a general nature, including: A copy of this Permit and all Attachments; Results of inspections conducted by representatives of the Director, and of representatives of the local Health Department, when forwarded to the Permittees; and Records of employee training. Page 11 of 13 III.K. Reporting III.K.1. The Permittees shall prepare and submit to the Director an Annual Report as required by R315-302-2(4) of the Utah Administrative Code, using the Division of Waste Management and Radiation Control’s Community Portal. III.L. Roads III.L.1. The Permittees shall improve and maintain all access roads within the treatment facility boundary that are used for transporting waste to the processing cells. Roads shall be improved and maintained as necessary to assure safe and reliable all-weather access to the disposal area. IV. CLOSURE REQUIREMENTS IV.A. Closure Plan IV.A.1. No more than 120 days prior to the projected final receipt of waste, the Permittees shall submit to the Director, for review, a Closure Plan, to include activities as outlined in the Closure Cost Estimate and Closure Requirements in Attachment 2 and Plan of Operation in Attachment 3, and a Quality Control and Quality Assurance plan for closure of the treatment facility. The Permittees shall not initiate closure activities until the Director has approved the Closure Plan, and the Quality Control and Quality Assurance Plan. IV.A.1.a The Closure Plan must include the requirements specified in R315-302-3, and a closure schedule, the identification of closure costs including cost calculations and funding mechanism, and a final inspection by regulatory agencies. IV.A.2. The Permittees shall notify the Director of the projected final receipt of waste in accordance with R315-302-3(4) and begin closure activities in accordance with an approved Closure Plan within 30 days of final removal of compost from site. IV.A.3. The Permittees shall close and remediate all treatment cells, sub-cells, buildings, fencing, and any other improvements to the land encompassed by this treatment facility in accordance with an approved Closure Plan and Attachment 2. IV.A.4. The Permittees shall remove all buildings, equipment, ponds, and other engineered structures from the property. IV.A.5. The Permittees shall remove and dispose of all received waste and waste in progress of treatment to a permitted landfill that will accept this waste. IV.A.6. The Permittees shall contract with a third party to grid, sample and analyze the entire facility such that there is a 95% upper confidence that that facility has been remediated to background constituent concentration for each constituent measured in accordance with an approved Closure Plan and Attachment 2. IV.A.7. The Permittees shall analyze volatile organic compounds and total petroleum hydrocarbons as gasoline range organics, RCRA D-list metals, and semi-volatile Page 12 of 13 organic compounds in a Utah-certified laboratory and as specified in an approved Closure Plan and Attachment 2. IV.A.8. Upon completion of closure activities, the Permittees shall submit to the Director, for approval, all documents demonstrating closure activities, and a certification from the property owner and the treatment facility operator, that the treatment facility has been closed in accordance with an approved Closure Plan and an approved Quality Control and Quality Assurance plan. IV.A.9. The property owners including Salt Lake County and Salt Lake City, or the Salt Lake Valley Solid Waste Management Council, may not construct or operate a landfill cell on this property until all closure activities and every activity of successful closure has been demonstrated to and approved by the Director. IV.A.10. Title Recording shall indicate a treatment facility has operated on this site and shall be updated to include landfill activity upon completion of future landfill cell construction and closure. IV.B. Post-Closure Care IV.B.1. Upon approval from the Director that the treatment facility has been closed in accordance with an approved Closure Plan, post-closure care will not be required. IV.C. Financial Assurance IV.C.1. The Permittees shall keep in effect and active the currently approved financial assurance mechanism or another approved mechanism that meets the requirements of R315-309 of the Utah Administrative Code and is approved by the Director to cover the costs of closure and post-closure care at the treatment facility. The Permittees shall adequately fund and maintain the financial assurance mechanism to provide for the cost of closure at any stage or phase or anytime during the life of the treatment facility or the permit life, whichever is shorter. IV.D. Financial Assurance Annual Update IV.D.1. The Permittees shall update the financial assurance annually to adjust for inflation or facility modification that would affect closure or post-closure costs, as required by R315-309-2(2) of the Utah Administrative Code, to the Director as part of the annual report. IV.E. Closure Cost and Post-Closure Cost Revision IV.E.1. The Permittees shall submit a complete revision of the closure and post-closure cost estimates by the Closure Cost Revision Date listed on the signature page of this Permit and any time the facility is expanded, any time a new treatment cell is constructed, or any time a treatment cell is expanded. Page 13 of 13 V. ADMINISTRATIVE REQUIREMENTS V.A. Permit Modification V.A.1. Modifications to this Permit may be made by the Permittees or by the Director in accordance with the procedures specified in R315-311-2 of the Utah Administrative Code. The Permittees may initiate a modification by submitting a written request to the Director. The Director may initiate a modification by giving written notice to the Permittees. V.B. Permit Transfer V.B.1. This Permit may be transferred to a new Permittee or new Permittees by complying with the permit transfer provisions specified in R315-310-11 of the Utah Administrative Code. V.C. Expansion V.C.1. The facility is bound on all sides, and expansion of this facility is neither possible nor authorized by this Permit. V.D. Expiration and Renewal V.D.1. If the Permittees desire to continue operating this treatment facility after the expiration date of this Permit, the Permittees shall submit an application for permit renewal at least six months prior to the expiration date, as shown on the signature (cover) page of this Permit. If the Permittees timely submit a permit renewal application and the permit renewal is not complete by the expiration date, this Permit shall continue in force until renewal is completed or denied. Attachments Attachment 1: Odor Management Plan Attachment 2: Closure Cost Estimate and Closure Requirements Attachment 3: Plan of Operation Attachment 4: Acceptance Criteria of Remediation Soils Attachment 5: Waste Acceptance Protocols Attachment 6: Ground Water Monitoring Plan