HomeMy WebLinkAboutDWQ-2025-002308
STATE OF UTAH
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER QUALITY
WATER QUALITY BOARD
PO BOX 144870
SALT LAKE CITY, UTAH 84114-4870
Ground Water Discharge Permit
Permit No. UGW010012
In compliance with the provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Annotated 1953, as amended, the Act,
MANGO II-Milford, LLC –MANGO II BioEnergy Plant and Collection System
111 East Broadway, STE 1250
Salt Lake City UT 84111
Hereafter referred to as the Permittee, is granted a renewed ground water discharge permit for the operation of the MANGO II-Milford BioEnergy Plant and a Collection System for twenty-three
existing finisher farm sites. This permit is for the construction and operation of an Anaerobic Digester System for all finisher farms in the Skyline Farm Complex. These farm sites
and their anaerobic lagoons are still covered under the existing permit UGW010012. The MANGO II-Milford BioEnergy Plant is located in the SW ¼ of the SE ¼ of Section 4, Township 30
South, Range 11 West, Salt Lake Base & Meridian, approximately ten miles west of Minersville, Utah. This operation is permitted as an experimental alternative treatment method.
This permit is based on representation made by the Permittee and other information contained in the administrative record. It is the responsibility of the Permittee to read and understand
all provisions of this permit.
The facility shall be constructed and operated in accordance with conditions set forth in the permit and the Utah Administrative Rules for Ground Water Quality Protection (UAC R317-6).
This permit shall become effective on ___________, 2025.
This permit and authorization to operate shall expire at midnight July 31, 2025.
Signed this ____ day of March 2025.
___________________________________________
John Mackey, P.E.
Director
DWQ-2020-008822
TABLE OF CONTENTS
PART I SPECIFIC CONDITIONS 1
A. Ground Water Classification 1
B. Background Ground Water Quality 1
C. Ground Water Protection Levels 1
D. Best Available Technology (BAT) Standard 1
E. Compliance Monitoring Requirements 7
F. Non-Compliance Status 10
G. Reporting Requirements 13
H. Compliance Schedule 14
PART II MONITORING, RECORDING AND REPORTING REQUIREMENTS 15
A. Representative Sampling 15
B. Analytical Procedures 15
C. Penalties for Tampering 15
D. Reporting of Monitoring Results 15
E. Compliance Schedules 15
F. Additional Monitoring by the Permittee 15
H. Retention of Records 15
I. Twenty-four Hour Notice of Noncompliance Reporting 16
J. Other Noncompliance Reporting 16
K. Inspection and Entry 16
PART III COMPLIANCE RESPONSIBILITIES 18
A. Duty to Comply 18
B. Penalties for Violations of Permit Conditions 18
C. Need to Halt or Reduce Activity not a Defense 18
D. Duty to Mitigate 18
E. Proper Operation and Maintenance 18
PART IV GENERAL REQUIREMENTS 19
A
. Planned Changes 19
B. Anticipated Noncompliance 19
C. Permit Actions 19
D. Duty to Reapply 19
E. Duty to Provide Information 19
F. Other Information 19
G. Signatory Requirements 19
H. Penalties for Falsification of Reports 20
I. Availability of Reports 20
J. Property Rights 20
K. Severability 21
L. Transfers 21
M. State Laws 21
N. Reopener Provision 21
APPENDIX I Farm and Monitoring Well Compliance Limit Summary
APPENDIX II Monitoring Well Locations
Applicable M II-Milford Skyline Farm Complex Operations Documents for this permit include but are not limited to:
Anaerobic Lagoon Systems Operation and Maintenance Manual (rev. August 2015)
Spill Prevention and Response Manual (rev. August 2015)
Sludge Disposal and Farm Closure Plan (rev. August 2015)
Nutrient Management Plan for Land Application (rev. August 2015)
Sampling and Analysis Plan (rev. August 2015)
Manure Drying Program Plan (rev. August 2013)
PART I SPECIFIC CONDITIONS
A. Ground Water Classification
Ground water class as defined in UAC R317-6-4 for the MANGO II-Milford BioEnergy (MBE) Plant is Class 1A Pristine Ground Water. Ground water classification is determined through background
ground water monitoring in the monitoring wells associated with the MBE plant and containment basins.
B. Background Ground Water Quality
Based on ground water quality data from site-specific monitoring wells, the ground water quality beneath the MBE Plant is Class 1A, Pristine Ground Water. Protection levels have been
established by monitoring wells installed upgradient of the anaerobic digesters and containment basin, and by existing monitoring wells at nearby farm sites. Ground water quality information
is presented in Appendix I. All parameters in Appendix I are in units of mg/l, except pH. Background is defined as the mean concentration in the well during the background monitoring
period. For any new wells installed during the permit term, a formal determination of background water quality will be made after completion of accelerated background monitoring as
required in Part I.E.5.(c).
C. Ground Water Protection Levels
Ground water compliance limits for each farm site are presented in Appendix I. Protection levels are based on background sampling performed to date and on the requirements of R314-6-4
as required in Part I.E.5.(c) of this permit. Compliance limits are based on the greater of the protection level or the mean background plus twice the standard deviation.
D. Best Available Technology (BAT) Standard
The administration of this permit is founded on the use of best available technology (BAT), in accordance with the requirements of UAC R317-6-1.3.
The construction permit for the MBE Plant that describes construction standards for the collection and treatment system for finisher farms was issued on July 25, 2003. The MBE Plant
includes anaerobic digesters for treatment and a biogas production facility. The project was proposed to be completed in two phases, Phase I and II. Farm sites included in each phase
are listed in Table 1. Phase II of the project was never completed.
TABLE 1
Layout
Farm Sites
Phase I
East Skyline Layout
41311 through 41314
Central Skyline Layout
41306 through 41308
41315 & 41322
Phase II
West Skyline Layout
41316 through 41321
North Skyline Layout
41301 through 41305
Construction standards for the existing anaerobic lagoon treatment systems for these finisher farm sites are detailed in the construction permits. The construction permits associated
with each farm site are listed in Table 2.
TABLE 2
Construction Permits for Anaerobic Lagoon Systems
Farm Sites
Construction Permit Issued
41302, 41303, 41304, 41305
August 10, 1995
41306 through 41315
May 13, 1996
41316 through 41323
July 1, 1997
The hog waste can be collected from all of the finisher farms that are located in the Skyline Farm Complex. A diversion valve connection is installed to either allow the wastewater
from the recharge pits to flow into the existing anaerobic lagoon system, or to be diverted into buffer basins for collection and treatment. When functional activity at the MBE is suspended,
the manure is conveyed through the Collection System to the Blue Mountain Biogas plant using existing piping that was installed for the MBE Plant. Prior to anaerobic digester treatment,
manure is concentrated in an influent collection basin and then conveyed to the digesters for biogas production. The biogas is then collected and conveyed to the electric generation
plant. The wastewater effluent from the Blue Mountain Plant is conveyed back to the primary lagoons using existing piping.
Collection System The system is designed to transfer wastewater from each farm site to the Blue Mountain Biogas Plant. The collection system from most farms consists of an on-farm
buffer basin and concrete wet-well pump station usually adjacent to each existing primary lagoon, for inflow equalization basins adjacent to lagoon systems and conveyance pipelines.
On-farm Buffer Basin – is installed adjacent to each existing primary lagoon of farm sites included in the Central, East and North Skyline layouts. Wastewater is conveyed from recharge
pits to the on-farm buffer basin. The buffer basin will have a total depth of 13.5 or 11.1 feet depending on its location. All of the buffer basins are lined with a 60-mil with flexible
membrane liners (FML) made of high-density polyethylene (HDPE). A 6-inch pipe in the bottom of the basin will flow wastewater by gravity to the adjacent wet-well pump station. Wastewater
from farms located in West Skyline was planned to gravity flow from the farm pits through a cement vault to the West Skyline inflow equalization basin at farm 41318. However, phase II
of the project was never completed.
Wet-Well Pump Station – The wet well is constructed adjacent to each buffer basin to transfer wastewater from the buffer basin to the inflow equalization basin. Each wet well will
usually have a total depth of 18 or 16 feet depending on its location and a precast concrete manhole with a minimum concrete strength of 4,000 psi.
Inflow Equalization Basin (IEB) – Central and East Skyline collection systems have IEBs located adjacent to the existing anaerobic lagoon systems of sites 41306 and 41312, respectively.
North and West Skyline collection systems were planned to have IEBs located adjacent to the existing anaerobic lagoon systems of sites 41303 and 41318, respectively. However, phase II
of the project was never completed. The IEB at Central skyline will also be utilized as on-farm buffer basin for site 41306.
Conveyance Pipelines – SDR 17 HDPE pipelines are installed to convey wastewater to and from the MBE Plant. The pipelines have a sewage air release valves spaced at 2,500 feet to prevent
air locks in the collection pipelines.
MBE Plant Functional activity at the MBE has been indefinitely suspended. The following components are being maintained for possible future use: four influent manholes, four gravity
thickener tanks, four anaerobic digesters, four effluent equalization basins, and four effluent return pump stations. All facilities in the MBE Plant shall be covered, except the gravity
thickeners, to capture any biogas and potentially odorous gases.
Influent Manholes – force main pipelines from the set of farms will enter HDPE manholes prior to flowing into the gravity thickeners. Each manhole will have a diameter of 5 feet and
a maximum water depth of 10 feet, a reinforced concrete floor thickness of 12 inches, and a wall thickness of 1.5 inches with a minimum concrete strength of 4,000 psi. Potentially odorous
off gases shall collected and treated from the manholes and conveyed to off-gas scrubbers.
Gravity Thickener – is an uncovered circular concrete tank that receives wastewater flows from the influent manhole. The gravity thickeners also hold scum from discharging with the
supernatant liquid. This is accomplished by means of a baffle and weir system. Scum then collects on the exposed water surface of the thickener and is skimmed by a skimmer arm into
a scum collection box and conveyed to join the thickener underflow to be digested. The thickener separates the wastewater into underflow and supernatant. Each thickener will have maximum
liquid depth of 16 feet, a reinforced concrete floor thickness of 12 inches, and a wall thickness of 12 inches with a minimum concrete strength of 4,000 psi. Three of the thickeners
will each have a diameter of 65 feet and one thickener will have a diameter of 50 feet.
Anaerobic Digester – thickened underflow from the bottom of gravity thickener is pumped to the digester for treatment. Each digester will have a maximum water depth of 34 feet. All
of the digesters are lined with a 60-mil HDPE. Each digester shall be covered with a gas-tight floating HDPE cover to capture biogas. Biogas is extracted from under the cover with
biogas blowers and discharged into the biomethanol plant.
Return Equalization Basin (REB) – will receive supernatant from the digesters. Each REB will have a maximum water depth of 7 feet. All REBs shall be lined with a 60-mil HDPE plastic
liner. The REB shall be covered with a gas-tight floating HDPE cover to capture any biogas release.
Effluent Return Pump Station (ERPS) – is a PVC lined concrete wet-well that is located between each REB and the gravity thickeners and receives flow from REB. Supernatant from the
gravity thickener will also enter this pump station where it will mix with REB flow and be pumped back to the primary lagoons at each farm site. Each ERPS will have a maximum water
depth of 10 feet and a reinforced concrete floor thickness of 10 inches and a wall thickness of 8 inches with a minimum concrete strength of 4,000 psi. The ERPS are enclosed. Potentially
odorous off gases shall be collected and treated from the return pumping stations and conveyed to off-gas scrubbers.
Wastewater Evaporation Basin –Smithfield may use this basin for excess water from
farm lagoons and for effluent storage when a lagoon is in the process of sludge removal.
Wastes from the hog-raising operations may be treated in the MBE Plant. Wastes from outside sources may be supplemented to enhance biogas production in the digesters. Wastewater from
the unit basins or digesters may be land-applied on an emergency basis. Land application may only occur at or below the agronomic rate according to the most recently revised and approved
version of the Nutrient Management Plan for Land Application (NMP). For the purposes of this permit, the agronomic rate is defined as the rate where all available nitrogen is taken
up by crops or other plants before it can leach below the root zone, and where other waste constituents are applied at rates that do not cause ground or surface water pollution or plant
toxicity incompatible with the intended use of the land. Emergency waste generated as a result of significant spills, the cleanup of a contamination event, or the necessary removal
of waste from the facility to allow the investigation of a possible leak or to perform repairs may be land applied in accordance with the NMP.
Performance Standard for Best Available Technology
Compliance with the requirements for use of best available technology (BAT) shall be demonstrated by construction, maintenance and operation of the collection and the digester systems
according to the construction permits issued for with this permit.
a) Basin and Digester Liner BAT will also be demonstrated by maintaining a performing seepage rate at any point on the liner which is no greater than that provided by one foot of
clay with permeability in the order of 1 X 10-7 cm/sec. Performance of the liners shall be evaluated for compliance by the monitoring required in Part I.E. Liner integrity was verified
prior to operation with the approved construction quality assurance/quality control (QA/QC) plans contained in the application for this permit.
The liner integrity must be maintained. Deterioration of materials or any other situation that prevents the liner from functioning according to the approved design shall constitute
non-compliance with this permit. After completion of construction, synthetic liners must remain in contact with the prepared soil base of the basins and digesters. Adequate slack and
ballast will also be provided if necessary, to minimize stresses and suspensions of the liner at the toe of the dikes due to variations in ambient temperature and incident solar radiation.
Any large suspensions or billowing of synthetic liner is considered a failure of this performance standard. The formation of bulges or “whales” in the liner when the basins or digesters
contain water is an indication of a leak in the liner. When whales form in the liner, the liner must be repaired in an expeditious manner. Impact to the underlying soils must be assessed
in conformance with the provisions detailed in the most recently revised and approved version of the Spill Prevention and Response Plan.
b) Collection System and MBE Plant Operation The performance standard for collection system and MBE Plant is based on operating and maintaining the systems in a manner consistent
with the design criteria detailed in the construction permit. The collection system and MBE Plant have not been operational since 2007. However, if the Permittee activates the collection
system and MBE Plant for operational use, the Permittee must notify the Division prior to active use. The collection system and MBE Plant must be operated in
accordance with an approved Collection System and MBE Plant Operation and Maintenance Manual, to be developed by the Permittee. Performance of the collection system and the central plant
shall be demonstrated by the monitoring specified in Part I.E.5.b.
The gravity thickeners were installed without covers. The impact of odor production from uncovered gravity thickeners in the MBE Plant must be closely monitored and periodically evaluated
by MBE Plant. In the event of production of objectionable odor from the MBE Plant, MBE Plant will be required to cover the gravity thickeners or to install other effective facilities
to correct the odor problem. Covers or other appropriate freezing prevention methodologies will also be required if freezing impairs the proper operation of the thickeners. The Permittee
will submit a schedule for installing covers or other facilities within 30 days of notice from the Director stating such covers are necessary for either odor control or freezing protection.
c) Land Application The Permittee has employed land application annually to manage lagoon wastewater from the lagoon system at farm site 41203 where an impermeable cover is on the
primary lagoon. Land application is currently limited to the parcels of land described in the most recently revised and approved version of the Nutrient Management Plan for Land Application.
Land application of wastewater from the farm sites covered by this permit is not planned as a routine method of wastewater treatment, but may need to be employed in an emergency situation
as a result of significant spills, the cleanup of a contamination event, or the necessary removal of waste from a facility to allow the investigation of a possible leak or to perform
repairs. Land application of wastes generated at any of the facilities covered by this permit may not be performed on a routine basis without first notifying and receiving the approval
of the Director. Land application of wastes generated at any of the facilities covered by this permit may not be performed on any parcel of land not described above without first notifying
and receiving the approval of the Director. Any land application of wastes generated at any of the facilities covered by this permit must be performed in accordance with the most recently
revised and approved version of the Nutrient Management Plan for Land Application.
d) Manure Drying Pads - Manure drying pads at any of the facilities covered by this permit may not be performed on any parcel of land without first notifying and receiving the approval
of DWQ. Pad construction must be performed in accordance with the most recently revised and approved version of the Manure Drying Program Plan.
2. Closure Plan
Any waste handling structure closure from the Collection System and MBE Plant must be undertaken in compliance with the most recently revised and approved version of the Sludge Disposal
and Farm Closure Plan that has been prepared by the Permittee. Closure also includes conveyance of all wastewater out of the facilities back to the existing lagoon systems, and removal
of all sludge and digested materials and debris from the MBE Plant, in accordance with the Plan. Pipelines must be capped off at the ends and unit basins must be dismantled and covered
with a minimum of two feet of soil.
Prior to closure of any collection system or MBE Plant, the Permittee shall submit to the
Director a site-specific closure plan for disposition of the liquids, solids and liner material of the waste handling system(s) to be closed. A plan for land application of the liquids
and solids at appropriate agronomic rates, on-site or at other approved sites, or other disposal methods, will be submitted for approval by the Director. The liner material will be
tested according to an approved testing plan to determine an appropriate means of disposal that will not lead to ground water contamination. The monitoring wells will continue to be
sampled for a post closure monitoring period as determined by the Director.
3. Supplemental Organic Feedstocks (SOF)
To enhance the biogas production in the digester system, the Permittee may supplement wastewater inflow with organic waste generated from various outside sources. The Permittee must
obtain approval prior to introducing any new SOF material for a trial period or for full-scale application. In order to obtain the approval for a 90-day trial period,
Verbally or in writing notify DWQ of the sources and brief description of the proposed SOF. The Permittee is allowed to input six test-loads of SOF in the digester system to develop
preliminary information to determine whether or not to proceed with the SOF. The six test-loads will not exceed one load per day or a maximum of 6000 gallons per day for a total of
six days.
A formal written notice will be submitted to DWQ if the Permittee desires to proceed with the 90-day trial period based on the preliminary information obtained from the six test-loads.
The written notice will incorporate the following items:
The Permittee will perform and submit analyses on wastewater composition of the proposed SOF and results of analyses for biological oxygen demand (BOD), chemical oxygen demand (COD),
pH, alkalinity, total Kjeldahl nitrogen (TKN), ammonia, volatile fatty acids, total solids, total suspended solids, volatile solids, VSS, nutrients and inorganic metals (phosphorous,
potassium, sulfur, calcium, magnesium, sodium, iron and manganese) and heavy metals (arsenic, cadmium, copper, lead, mercury, selenium, zinc)
Estimated quantity of the proposed SOF
Point of SOF application in the digester system
Estimated sludge production rate from the proposed SOF
A signed statement from MANGO II-Milford BioEnergy and The Permittee indicating consent to continue with the input of the proposed SOF from outside sources
After the submittal of the above items to DWQ, the Permittee must obtain an approval from DWQ prior to proceeding with the 90-day trial period.
Upon completion and evaluation of the 90-days trial study, the Permittee will notify DWQ in writing its intention to convert the trial study to a full-scale application. The notification
will incorporate a summary of the trial period and results of additional analysis on normal digester operations, if available. The notification must also incorporate a proposed quantity
of SOF for the full-scale application.
The Permittee may discontinue SOF application at any time during the 90-day trial period. No further action will be required from the Permittee or DWQ if the Permittee desires not
to proceed with utilizing the SOF in full-scale application.
E. Compliance Monitoring Requirements
The Permittee is required to monitor ground water quality and source activities that could potentially impact the ground water quality. Monitoring shall be performed according to the
provisions of Part I.E.5 to assure compliance with the terms of this permit.
1. Compliance Monitoring Wells
The network of monitoring wells shall provide the ability to detect contamination in the uppermost groundwater aquifer, which could result from excess basin seepage. Under the provisions
of this permit, ground water contamination in the shallow aquifer under the MBE Plant would be a reason for the Permittee to take remedial action before further degradation occurs.
Location of Monitoring Wells - The Permittee has installed a monitoring well system, comprised of one upgradient and two down gradient monitor wells at the MBE Plant and at the containment
basin, to establish the ground water gradient underlying the plant and to monitor ground water quality in both the upgradient and downgradient wells. The Permittee will be required
to drill additional wells if the groundwater flow directions are different than expected as revealed when the wells are drilled. The locations and other information for these wells
are given in Appendix II.
The Permittee has installed a monitoring well system at each farm site to establish the ground water gradient underlying each existing anaerobic lagoon system. Due to the close proximity
of the on-farm buffer basin and the inflow equalization basin to the existing anaerobic lagoon system, installation of additional monitoring well system is not required. The existing
monitoring well system will provide the ability to detect contamination in the uppermost groundwater that could result from excess seepage from the on-farm buffer basins and inflow equalization
basins. The locations and status of the existing wells are described in Appendix II of Permit No. UGW010002. Information for any new wells installed for the farm sites covered under
this permit shall be submitted to the Director and includes:
well identification,
latitude and longitude relative to NAD83,
hinge elevation, and
the well construction log
b) Damage to Monitoring Wells - If a monitoring well is damaged or is otherwise rendered inadequate for its intended purpose or if a previous hydraulic gradient
between two monitor wells is reversed, the Director shall be notified in writing within five days of the Permittee becoming aware of the condition.
c) Future Modification of Monitoring Well Network - If at any time the Director determines the monitoring well network to be inadequate due to a change in gradient or for any other
reason, the Permittee shall submit within 30 days of receipt of notification a plan and compliance schedule to modify the monitoring well network.
2. Monitoring Period
The Permittee shall conduct the monitoring detailed in Part I.E.5 for the term of the permit.
3. Monitoring Requirements
The Permittee shall comply with the ground water standards, protection levels and compliance limits listed in Appendix I of this permit, and other monitoring requirements contained in
the Utah Ground Water Quality Protection Regulations (UAC R317-6). The monitoring required in Part I.E.5 is based on compounds which may be discharged to ground water or may characterize
ground water from different sources and which may be sampled at monitoring wells. The ground water regulations also contain standards for contaminants such as metals, pesticides and
volatile organic compounds. Accordingly the Permittee must not discharge these or any other contaminants, which could impair beneficial uses of the ground water, even though the permit
does not require monitoring for them.
4. Protection Levels and Compliance Limits
a) Application - The monitoring requirements listed below in Part I.E.5 apply to all upgradient and downgradient wells. The protection levels for indicator parameters are calculated
using the Ground Water Quality Protection Regulations (UAC R317-6-4), background water quality data, and historical well data.
b) Exceedance in Upgradient Well - If the compliance limits referenced in Appendix 1 are exceeded in any upgradient well, the Permittee shall note the exceedance in the next semi-annual
monitoring report. If ground water elevations indicate that the well is no longer upgradient of the lagoon, or if ground water mounding has developed, the exceedance shall be treated
as a non-compliance event according to the provisions of Part I.F. As part of the resolution of the non-compliance situation, the Permittee may be required to propose changes to the
monitoring plan for the site sufficient to demonstrate that ground water is not being polluted in violation of UAC R317-6.
5. Monitoring Details
a) Semi-annual Ground Water Quality Compliance Monitoring - Semi-annual ground water compliance monitoring shall be conducted by the Permittee under the provisions of this permit.
Sample collection, handling and analysis shall be conducted in accordance with the most recently revised and approved version of the Sampling and Analysis Plan.
Unless revised by the Sampling and Analysis Plan, the field parameters to be measured during the semi-annual monitoring shall be: temperature, specific conductance, pH, and ground water
elevation. Ground water elevations shall be determined according to Part I.E.5.c.
Unless revised by the Sampling and Analysis Plan, the laboratory parameters to be measured during the semi-annual monitoring shall be: Nitrate plus Nitrite as Nitrogen, Bicarbonate,
Chloride, and Total Dissolved Solids (TDS).
The results of the semi-annual compliance monitoring shall be submitted to the Division of Water Quality along with supporting field data in the Semi-annual Ground Water Quality Monitoring
Report according to Part II.B accompanied by any supporting raw data.
b) Background Ground Water Quality Monitoring - Background ground water quality has been established in the upgradient monitoring wells for all the farm sites covered by this permit
for the purpose of establishing protection levels and compliance limits. The samples were analyzed for the following parameters: temperature, specific conductance, pH, nitrate plus nitrite
as nitrogen, ammonia, bicarbonate, chloride, total dissolved solids (TDS), sodium, potassium, magnesium, calcium, carbonate, and sulfate. At least one sample from each downgradient monitor
well was also analyzed for all these parameters. If any additional upgradient or downgradient wells are installed, the Permittee shall collect quarterly samples at equal time intervals
over a two-year period from each upgradient well and each downgradient well. The samples shall be analyzed for the parameters listed above. Sample collection, handling, and analysis
shall be conducted in accordance with the most recently revised and approved version of the Sampling and Analysis Plan. The results accompanied by any supporting data shall be submitted
to the Division of Water Quality with the next Semi-annual Ground Water Quality Monitoring Report according to Part I.G.
c) Depth to Ground Water and Ground Water Elevation - Depth to ground water shall be measured to the nearest 0.01 foot, below the reference point at the top of the well casing. For
each monitoring well, the Permittee shall submit a report to the Division of Water Quality accompanied by a surveyors report indicating the elevation, in feet above mean sea level to
the nearest 0.01 foot, of the reference point at the top of the well casing from which all ground water depths are measured.
Ground water elevations shall be measured semi-annually at all active monitoring wells at the farm sites covered by this permit. Ground water elevations shall be calculated by subtracting
the depth to ground water measurement from the elevation of the reference point at the top of the well casing and reported in feet above mean sea level to the nearest 0.01 foot. Ground
water elevation calculations for each semi-annual ground water sampling event shall be submitted with the Semi-annual Ground Water Quality Monitoring Report.
For the purpose of constructing ground water potentiometric surface contour maps, ground water elevation data shall be collected within 48 hours for each farm site and two weeks for
farm site clusters (NE Blue Mtn, SW Blue Mtn,
West Skyline, etc.). Ground water potentiometric contour maps shall be constructed from these data and submitted to the Division of Water Quality with the next Semi-annual Ground Water
Quality Monitoring Report according to Part I.G.
d) Laboratory Approval - All water analyses shall be performed by a laboratory certified by the State of Utah in accordance with the most recently revised and approved version of the
Sampling and Analysis Plan and the provisions of UAC R317-6-6.3.
e) Future Modification of Monitoring Plan - If the Director or Permittee determine that hydrogeologic conditions at any farm site do not allow a direct comparison of upgradient and
downgradient ground water quality, protection levels and compliance limits shall be established based on ground water quality in the down gradient well. In this event, the Director shall
direct the Permittee to begin collection of background water quality data in the downgradient well according to Part I.E.5.c. Alternatively, the Permittee may propose another method
of compliance monitoring within 90 days of the determination that upgradient-downgradient comparison is not possible.
F. Non-Compliance Status
1. Probable Out-of-Compliance Status - The Permittee shall evaluate results of each ground water sampling event to determine any exceedence of the Ground Water Compliance Summary found
in Appendix 1. Upon determination that a Ground Water Protection Level has been exceeded at any downgradient compliance monitoring well, the Permittee shall:
a. Immediately re-sample the monitoring well(s) found to be in probable out-of-compliance status for laboratory analysis of the exceeded protection level parameter(s). Submit the analytical
results thereof, and notify the Director of the probable out-of-compliance status within 30 days of the initial detection.
b. Upon exceedence of any one parameter listed in Part I.C for two consecutive sampling events, immediately implement an accelerated schedule of quarterly sampling analysis, consistent
with the requirements of this permit. This quarterly sampling will continue for at least two quarters or until the compliance status can be determined by the Director. Reports of the
results of this sampling will be submitted to the Director as soon as they are available, but not later than 30 days from each date of sampling.
2. Out-of-Compliance Status Based on Confirmed Exceedance of Permit Ground Water Protection Levels
a. Out of Compliance Status shall be defined as follows:
For parameters that have been defined as detectable in the background and for which protection levels have been established, out-of-compliance shall be defined as two consecutive samples
exceeding the higher of the protection level or compliance limit. Out of compliance status for exceedance of bicarbonate or chloride occurs only when their respective compliance limits
are exceeded and the compliance limit for total dissolved solids is also exceeded.
b. Notification and Accelerated Monitoring - upon determination by the Permittee or the Director, in accordance with UAC R317-6-6.17, that an out-of-compliance status exists, the Permittee
shall:
Verbally notify the Director of the out-of-compliance within 24 hours, and a written submission shall also be provided to the Director within five days of the time that the Permittee
becomes aware of the noncompliance. The written submission shall contain:
A description of the noncompliance and its cause;
Figure of spill location with extent dimensions;
The period of noncompliance, including exact dates and times;
The estimated time noncompliance is expected to continue if it has not been corrected; and,
Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The Permittee shall verbally report any noncompliance, which may endanger public health or the environment as soon as possible, but no later than 24 hours from the time the Permittee
first became aware of the circumstances. The report shall be made to the Utah Department of Environmental Quality 24 hour number, (801) 536-4123, AND to the Division of Water Quality,
Ground Water Protection Section at (801) 536-4300, during normal business hours (8:00 am - 5:00 pm Mountain Time Monday through Friday).
Continue an accelerated schedule of quarterly ground water monitoring for at least two quarters and continue quarterly monitoring until the facility is brought into compliance as determined
by the Director.
c. Source and Contamination Assessment Study Plan - within 30 days after the written notice to the Director required in Part I.F. 2.b.1, above, the Permittee shall submit an assessment
study plan and compliance schedule for:
i) Assessment of the source or cause of the contamination, and determination of steps necessary to correct the source, if the contamination is caused by facilities or activities for
which the Permittee is responsible.
ii) Assessment of the extent of the ground water contamination and any potential dispersion.
iii) Evaluation of potential remedial actions to restore and maintain ground water quality, and ensure that the ground water standards will not be exceeded at the compliance monitoring
wells.
3. Out-of-Compliance Status Based Upon Failure To Maintain Best Available Technology - In the event that BAT monitoring indicates a violation of any of the construction or performance
standards outlined in Part I.D of this permit, the Permittee shall submit to the Director a notification and description of the violation in accordance with Part II.I of this permit.
4. Failure to Maintain Best Available Technology Required by Permit
A facility will be determined to be in an out-of-compliance status if best available technology has failed or cannot be maintained according to the provisions required by this permit,
unless:
a. The Permittee has notified according to Part I.F.2, and
b. The failure was not intentional or was not caused by the Permittee's negligence, either in action or failure to act, and
c. The Permittee has taken adequate remedial measures in a timely manner or has developed an approvable remedial action plan and implementation schedule for restoration of best available
control technology, an equivalent control technology, or closure of the facility (implementation of an equivalent technology will require permit modification and re-issuance), and
d. The Permittee has demonstrated that any discharge of a pollutant from the facility is not in violation of the provisions of UCA 19-5-107.
6. Contingency Plan - If, after review of ground water monitoring data and other relevant information, the Director determines that use of any lagoon has caused an exceedance of ground
water compliance limits at any compliance monitoring point, the Permittee shall conduct a Contamination Investigation to determine the extent and severity of contamination caused by
the lagoon and submit it for review by the Division of Water Quality within 45 days of determination of out-of-compliance status. After review of this report the Director may require
the Permittee to develop a Corrective Action Plan to remediate the contamination. Actions taken under the plan may include emptying liquids and sludge from the leaking lagoon into one
of the other lagoons in the Permittee farm complex, repairing or reconstructing the lagoon liner as needed, constructing temporary holding ponds lined with flexible membrane liners,
and developing wells for the purpose of extracting the contaminated ground water. Contaminated ground water may be stored in the lagoons or land applied according to the most recently
revised and approved Nutrient Management Plan for Land Application, if necessary and feasible.
Significant hog waste spills from the waste handling system must be addressed in compliance with the most recently revised and approved version of the Spill Prevention and Response
Manual that has been prepared by the Permittee. Minor
spill events shall be reported with the next Semi-annual Ground Water Quality Monitoring Report according to Part II.B
G. Reporting Requirements
1. Semi-Annual Ground Water Monitoring - monitoring required in Part I.E.5 above shall be reported according to the schedule in Table 3 below, unless modified by the Director:
Table 3: Semi-Annual Compliance Monitoring Report Schedule
Monitoring Period
Report Due Date
January through June
August 1
July thru December
February 1
2. Water Level Measurements - water level measurements from ground water monitoring wells will be reported as measured depth to ground water from the surveyed casing measuring point,
and ground water elevations as converted by casing measuring point elevations.
3. Ground Water Quality Sampling - reporting will include:
Field Data Sheets - or copies thereof, including the field measurements, required in Part I.E.5.a above, or as listed in the most recently revised and approved Sampling and Analysis
Plan; well name/number, date and time, names of sampling crew, type of sampling pump or bail, volume of water purged before sampling, and any pertinent comments relating to sampling
conditions.
Laboratory Analytical Results - including date sampled, date received; and the results of analysis for each parameter, including: value or concentration, units of measurement, reporting
limit (minimum detection limit for the examination), analytical method, and the date of the analysis. The analytical methods and the method detection limits for every parameter must
conform to those specified in the most recently revised and approved version of the Sampling and Analysis Plan.
Well Construction - All data associated with newly installed compliance and monitoring wells will be provided to the Director. This information includes the well identification, latitude
and longitude relative to NAD83, well installation date, depth to ground water, and well construction information.
4) Annual Sludge Profile Monitoring Report - The report of the annual sludge profile monitoring, if applicable to the MBE basins, shall be submitted within 30 days of completion of all
sampling, monitoring, and analysis.
5) Annual Lagoon Performance Monitoring Report - The report of the annual lagoon performance monitoring, if applicable to the MBE basins, shall be submitted within 30 days of completion
of all sampling, monitoring, and analysis.
6) Noncompliance or Probable Noncompliance - Reporting requirements for noncompliance or probable noncompliance status shall be according to the provisions of Part I.F.
7) Electronic Filing Requirements - In addition to submittal of the hard copy data, above, the Permittee will electronically submit all required ground water monitoring data (analytical
ground water results, water level measurements, water supply, lagoon waste water and sludge analytical results, sludge profile monitoring data, and the lagoon performance data) in the
electronic format specified by the Director. A hard copy of the required reports, including data analysis will be provided to the Director. In addition, a pdf version of the full report,
including analytical data, will be submitted through the DEQ Web Portal. All analytical data and updated tables will be provided in xlsx format. The data may be submitted through the
online DEQ Submission Portal at https://deq.utah.gov/water-quality/water-quality-electronic-submissions.
H. Compliance Schedule
There are no outstanding compliance items at the time of this permit issuance for UGW010012.
PART II MONITORING, RECORDING AND REPORTING REQUIREMENTS
A. Representative Sampling
Samples taken in compliance with the monitoring requirements established under Part I shall be representative of the monitored activity.
B. Analytical Procedures
Water sample analysis must be conducted according to test procedures specified under UAC R317-6-6.3.L, unless other test procedures have been specified in this permit.
C. Penalties for Tampering
The Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both.
D. Reporting of Monitoring Results
Monitoring results obtained during each reporting period specified in the permit, shall be submitted to the Director, Utah Division of Water Quality at the following address no later
than the 15th day of the month following the completed reporting period:
State of Utah
Division of Water Quality
P.O. Box 144870
Salt Lake City, Utah 84114-4870
Attention: Ground Water Protection Section
E. Compliance Schedules
Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any Compliance Schedule of this permit shall be submitted no later
than 14 days following each schedule date.
F. Additional Monitoring by the Permittee
If the Permittee monitors any pollutant more frequently than required by this permit, using approved test procedures as specified in this permit, the results of this monitoring shall
be included in the calculation and reporting of the data submitted. Such increased frequency shall also be indicated.
G. Records Contents
Records of monitoring information shall include:
1. The date, exact place, and time of sampling or measurements:
2. The individual(s) who performed the sampling or measurements;
3. The date(s) and time(s) analyses were performed;
4. The individual(s) who performed the analyses;
5. The analytical techniques or methods used; and,
6. The results of such analyses.
H. Retention of Records
The Permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, and records of
all data used to complete the application for this permit, for a period of at least three years
from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time.
I. Twenty-four Hour Notice of Noncompliance Reporting
1. The Permittee shall verbally report any noncompliance which may endanger public health or the environment as soon as possible, but no later than 24 hours from the time the Permittee
first became aware of the circumstances. The report shall be made to the Utah Department of Environmental Quality 24 hour number, (801) 536-4123, AND to the Division of Water Quality,
Ground Water Protection Section at (801) 536-4300, during normal business hours (Monday through Friday 8:00 am - 5:00 pm Mountain Time).
2. A written submission shall also be provided to the Director within five days of the time that the Permittee becomes aware of the circumstances. The written submission shall contain:
A description of the noncompliance and its cause;
Figure of spill location with extent dimensions;
The period of noncompliance, including exact dates and times;
The estimated time noncompliance is expected to continue if it has not been corrected; and,
Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
3. Reports shall be submitted to the addresses in Part II.D, Reporting of Monitoring Results.
J. Other Noncompliance Reporting
Instances of noncompliance not required to be reported within 24 hours, shall be reported at the time that monitoring reports for Part II.D are submitted.
K. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:
1. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit;
2. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and,
4. Sample or monitor at reasonable times, for the purpose of assuring permit
compliance or as otherwise authorized by the Act, any substances or parameters at any location.
PART III COMPLIANCE RESPONSIBILITIES
A. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or for denial of a permit renewal application. The Permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
B. Penalties for Violations of Permit Conditions
The Act provides that any person who violates a permit condition implementing provisions of the Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Any
person who willfully or negligently violates permit conditions is subject to a fine not exceeding $25,000 per day of violation. Any person convicted under Section 19-5-115(2) of the
Act a second time shall be punished by a fine not exceeding $50,000 per day. Nothing in this permit shall be construed to relieve the Permittee of the civil or criminal penalties for
noncompliance.
C. Need to Halt or Reduce Activity not a Defense
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 with the
conditions of this permit.
D. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or
the environment.
E. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee
to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a Permittee only when the operation is necessary to achieve compliance with the conditions
of the permit.
PART IV GENERAL REQUIREMENTS
A. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required when the alteration
or addition could significantly change the nature of the facility or increase the quantity of pollutants discharged.
B. Anticipated Noncompliance
The Permittee shall give advance notice of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
C. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
D. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a permit renewal or extension.
The application should be submitted at least 180 days before the expiration date of this permit.
E. Duty to Provide Information
The Permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing,
or terminating this permit, or to determine compliance with this permit. The Permittee shall also furnish to the Director, upon request, copies of records required to be kept by this
permit.
F. Other Information
When the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or any report to the
Director, it shall promptly submit such facts or information.
G. Signatory Requirements
All applications, reports or information submitted to the Director shall be signed and certified.
1. All permit applications shall be signed as follows:
a. For a corporation: by a responsible corporate officer;
b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.
c. For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official.
2. All reports required by the permit and other information requested by the
Director shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if:
a. The authorization is made in writing by a person described above and submitted to the Director, and,
b. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters
for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.)
3. Changes to Authorization. If an authorization under Part IV.G.2 is no longer accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of Part IV.G.2 must be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative.
4. Certification. Any person signing a document under this section shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing violations."
H. Penalties for Falsification of Reports
The Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under
this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction be punished by a fine of not more than $10,000 per violation, or by imprisonment
for not more than six months per violation, or by both.
I. Availability of Reports
Except for data determined to be confidential by the Permittee, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices
of the Director. As required by the Act, permit applications, permits, effluent data, and ground water quality data shall not be considered confidential.
J. Property Rights
The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion
of personal rights, nor any infringement of federal, state or local laws or regulations.
K. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application
of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
L. Transfers
This permit may be automatically transferred to a new Permittee if:
1. The current Permittee notifies the Director at least 30 days in advance of the proposed transfer date;
2. The notice includes a written agreement between the existing and new Permittee containing a specific date for transfer of permit responsibility, coverage, and liability between them;
and,
3. The Director does not notify the existing Permittee and the proposed new Permittee of his or her intent to modify, or revoke and reissue the permit. If this notice is not received,
the transfer is effective on the date specified in the agreement mentioned in paragraph 2 above.
M. State Laws
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, penalties established pursuant
to any applicable state law or regulation under authority preserved by Section 19-5-117 of the Act.
N. Reopener Provision
This permit may be reopened and modified (following proper administrative procedures) to include the appropriate limitations and compliance schedule, if necessary, if one or more of
the following events occurs:
1. If new ground water standards are adopted by the Board, the permit may be reopened and modified to extend the terms of the permit or to include pollutants covered by new standards.
The Permittee may apply for a variance under the conditions outlined in R317-6-6.4.D.
2. If alternative compliance mechanisms are required.
3. If subsequent ground water monitoring data reveals the background water quality values in Part I Table 1 are not accurate.
APPENDIX I
UGW010012 FARM AND MONITORING WELL COMPLIANCE LIMIT SUMMARY *
BASIN SYSTEM
pH
NITRATE + NITRITE (mg/L)
BICARBONATE (mg/L)
CHLORIDE (mg/L)
TOTAL DISSOLVED SOLIDS (mg/L)
MUBB
6.5 – 8.5
2.5
222
34
408
MDBB1
6.5 – 8.5
2.5
222
34
408
MDBB2
6.5 – 8.5
2.5
222
34
408
SBMU
6.5 – 8.5
2.5
222
44
614
SBMD1
6.5 – 8.5
2.5
222
50
600
SBMD2
6.5 – 8.5
2.5
222
50
600
SBMD3
6.5 – 8.5
2.5
222
44
614
*
Ground water protection levels and compliance limits are established in accordance with R317-6-4.
Only the highest allowable value is shown in Appendix 1.
APPENDIX II
MONITORING WELL LOCATIONS
Monitoring Well Location
Well
Latitude (North)
Longitude (West)
Hinge Elevation (feet – amsl)
Status
Upgradient from Treatment Plant
MUBB
38.223235
-113.09251
5042.4
active
Downgradient from Treatment Plant
MDBB1
38.224851
-113.09155
5039.9
active
Downgradient from Treatment Plant
MDBB2
38.224825
-113.09061
5040.3
active
Upgradient from Containment Basin
SBMU
38.222654
-113.08883
5043.9
active
Downgradient from Containment Basin
SBMD1
38.224807
-113.08701
5041.8
active
Downgradient from Containment Basin
SBMD2
38.22479
-113.08601
5042.4
active
Downgradient from Containment Basin
SBMD3
38.22479
-113.08601
5042.9
active