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Home My WebLink AboutDWQ-2024-000876STATE OF UTAHDIVISION OF WATER QUALITYDEPARTMENT OF ENVIRONMENTAL QUALITYSALT LAKE CITY, UTAHUTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM (UPDES) PERMITSMinorMunicipalPermit No. UT0025445Biosolids Permit No. UTL025445In compliance with provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code (the "Act"),TOOELE CITY CORPORATIONis hereby authorized to discharge from TOOELE CITY RECLAMATION FACILITY to receiving waters named UNNAMED IRRIGATION DITCH, todispose of biosolids, and to distribute effluent for reuse,in accordance with specific limitations, outfalls, and other conditions set forth herein.This permit shall become effective on Month XX, 2024This permit expires at midnight on Month XX, 2024.Signed this XXth day of Month, 2024._________________________John Mackey, P.E. DirectorTable of ContentsOutline Page Number I. DISCHARGE LIMITATIONS AND REPORTING REQUIREMENTS1A. Description of Discharge Points1B. Narrative Standard1C. Specific Limitations and Self-Monitoring Requirements1D. Reporting of Monitoring Results5 II. PRETREATMENT REQUIREMENTS6A. Pretreatment Program Delegation6B. Program Updates7C. Annual Report7D. General and Specific Prohibitions7E. Categorical Standards8F. Self-Monitoring and Reporting Requirements8G. Enforcement Notice9H. Formal Action9 III. BIOSOLIDS REQUIREMENTS10A. Biosolids Treatment and Disposal10B. Specific Limitations and Monitoring Requirements10C. Management Practices of Biosolids14D. Special Conditions on Biosolids Storage16E. Representative Sampling16F. Reporting of Monitoring Results16G. Additional Record Keeping Requirements Specific to Biosolids17 IV. STORM WATER REQUIREMENTS18 V. MONITORING, RECORDING & GENERAL REPORTING REQUIREMENTS19A. Representative Sampling19B. Monitoring Procedures19C. Penalties for Tampering19D. Compliance Schedules19E. Additional Monitoring by the Permittee19F. Records Contents19G. Retention of Records19H. Twenty-four Hour Notice of Noncompliance Reporting20I. Other Noncompliance Reporting20J. Inspection and Entry21 VI. COMPLIANCE RESPONSIBILITIES22A. Duty to Comply22B. Penalties for Violations of Permit Conditions22C. Need to Halt or Reduce Activity not a Defense22D. Duty to Mitigate22E. Proper Operation and Maintenance22F. Removed Substances22G. Bypass of Treatment Facilities22H. Upset Conditions24 VII. GENERAL REQUIREMENTS25A. Planned Changes25B. Anticipated Noncompliance25C. Permit Actions25D. Duty to Reapply25E. Duty to Provide Information25F. Other Information25G. Signatory Requirements25H. Penalties for Falsification of Reports27I. Availability of Reports27J. Oil and Hazardous Substance Liability27K. Property Rights27L. Severability27M. Transfers27N. State or Federal Laws28O. Water Quality - Reopener Provision28P. Biosolids – Reopener Provision28Q. Toxicity Limitation - Reopener Provision28 VIII. DEFINITIONS29A. Wastewater29B. Biosolids30 DISCHARGE LIMITATIONS AND REPORTING REQUIREMENTS Description of Discharge Points. The authorization to discharge wastewater provided under this part is limited to those outfalls specifically designated below as discharge locations. Discharges at any location not authorized under an UPDES permit are violations of the Act and may be subject to penalties under the Act. Knowingly discharging from an unauthorized location or failing to report an unauthorized discharge may be subject to criminal penalties as provided under the Act.Outfall NumberLocation of Discharge Outfall001Located at latitude4035'40" and longitude 11219'40". The discharge is by pumping out of the reuse reject pond to an unnamed irrigation ditch that collects storm water runoff from the road and fields in the area. The ditch runs north along the road until it dissipates into the ground. The ditch does not enter any other waterway or the Great Salt Lake.Outfall NumberLocation of Effluent Reuse Discharge Outfall 001RDescription of Area for UseLocated at latitude 4035'40" and longitude 11219'40". The discharge is through a pipe to ponds on the Overlake Golf Course and then used to irrigate the golf course. Reuse effluent is also available for activities at the plant such as dust control. Narrative Standard. It shall be unlawful, and a violation of this permit, for the Permittee to discharge or place any waste or other substance in such a way as will be or may become offensive such as unnatural deposits, floating debris, oil, scum, or other nuisances such as color, odor or taste, or cause conditions which produce undesirable aquatic life or which produce objectionable tastes in edible aquatic organisms; or result in concentrations or combinations of substances which produce undesirable physiological responses in desirable resident fish, or other desirable aquatic life, or undesirable human health effects, as determined by a bioassay or other tests performed in accordance with standard procedures. Specific Limitations and Self-Monitoring Requirements. Effective immediately, and lasting through the life of this permit, there shall be no acute or chronic toxicity in Outfall(s) 001 and 001R as defined in Part VIII. Effective immediately and lasting the duration of this permit, the Permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Parameter Table 1:Effluent Limitations(a) Maximum Monthly Avg Maximum Weekly Avg Yearly Average Daily Minimum Daily Maximum Total Flow 3.4 -- -- -- -- BOD5, mg/L BOD5 Min. % Removal 25 85 35 -- -- -- -- -- -- -- TSS, mg/L TSS Min. % Removal 25 85 35 -- -- -- -- -- -- -- E. coli, No./100mL 126 157 -- -- -- Oil & Grease, mg/L -- -- -- -- 10.0 pH, Standard Units -- -- -- 6.5 9 Table 2:Self-Monitoring and Reporting Requirements(a) Parameter Frequency Sample Type Units Total Flow(b)(c) Continuous Recorder MGD BOD5(d) Influent Effluent 2 X Weekly 2 X Weekly Composite Composite mg/L mg/L TSS(d) Influent Effluent 2 X Weekly 2 X Weekly Composite Composite mg/L mg/L E. coli 2 X Weekly Grab No./100mL Oil & Grease(e) When Sheen Observed Grab mg/L pH 2 X Weekly Grab SU Total Ammonia (as N)(f) Effluent Monthly Composite mg/L Orthophosphate (as P)(f) Effluent Monthly Composite mg/L Total Phosphorus (as P)(f) Influent Effluent Monthly Monthly Composite Composite mg/L mg/L Total Kjeldahl Nitrogen, TKN (as N)(f) Influent Effluent Monthly Monthly Composite Composite mg/L mg/L Nitrate, NO3(f) Effluent Monthly Composite mg/L Nitrite, NO2(f) Effluent Monthly Composite mg/L Metals(g), Influent/Effluent Arsenic, Total Cadmium, Total Chromium, Total Copper, Total Cyanide, Total Lead, Total Mercury, Total Molybdenum, Total Nickel, Total Selenium, Total Silver, Total Zinc, Total Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Quarterly Composite Composite Composite Composite Composite/Grab Composite Composite/Grab Composite Composite Composite Composite Composite mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L mg/L Organic Toxic Pollutants(h) Influent Effluent Yearly Yearly Grab Grab mg/L mg/LNotes Tables 1 and 2See Definitions, Part VIII, for definition of terms.Flow measurements of influent/effluent volume shall be made in such a manner that the Permittee can affirmatively demonstrate that representative values are being obtained.If the rate of discharge is controlled, the rate and duration of discharge shall be reported.In addition to monitoring the final discharge, influent samples shall be taken and analyzed for this constituent at the same frequency as required for effluent discharge.Oil and grease shall be sampled when sheen is present or visible. If no sheen is present or visible, report NA.These reflect changes required with the adoption of UCA R317-1-3.3, Technology-based Phosphorus Effluent Limits rule.Metals shall be sampled from the same place as the reuse water monitoring is conducted. The results will be reported regardless of the occurrence of discharge from outfall 001.A list of the organics to be tested can be found in 40 CFR 122 appendix D table II. This shall be sampled from the same place as the reuse water monitoring is conducted. The results will be reported regardless of the occurrence of discharge from outfall 001. Effective immediately and lasting the duration of this permit, the permittee is authorized to discharge from Outfall 001R. Such discharges shall be limited and monitored by the permittee as specified below: ParameterTable 3:Outfall 001R Effluent Limitations(a) Max Monthly Average Max Weekly Median Max Daily Average Minimum Maximum Turbidity, NTU(b) -- -- 2 -- 5 BOD5, mg/L 10 -- -- -- -- E coli, No/100mL(c) -- ND(d) -- -- 9 pH, Standard Units -- -- -- 6.0 9.0 Table 4:Reuse Outfall 001R Self-Monitoring and Reporting Requirements(a) Parameter Frequency Sample Type Units Total Flow(d)(e) Continuous Recorder MGD Turbidity Continuous Recorder mg/L BOD5 Weekly Composite mg/L E. coli Daily Grab No./100mL pH Daily Grab SUNotes Tables 3 and 4See Definitions, Part VIII, for definition of terms.An alternative disposal option or diversion to storage must be automatically activated if turbidity exceeds the maximum instantaneous limit for more than 5 minutes, or chlorine residual drops below the instantaneous required value for more than 5 minutes, where chlorine disinfection is used.The weekly median E. coli concentration shall be non-detect.Flow measurements of influent/effluent volume shall be made in such a manner that the Permittee can affirmatively demonstrate that representative values are being obtained.If the rate of discharge is controlled, the rate and duration of discharge shall be reported. Management Practices for Land Application of Treated Effluent: The application of treated effluent to frozen, ice-covered, or snow covered land is prohibited. No person shall apply treated effluent where the slope of the site exceeds 6 percent. The use should not result in a surface water runoff. The use must not result in the creation of an unhealthy or nuisance condition, as determined by the local health department. Any irrigation with treated effluent must be at least 300 feet from a potable well. For Type I reuse, any irrigation must be at least 50 feet from any potable water well. For Type II reuse, any irrigation must be at least 300 feet from any potable water well. For Type II reuse, spray irrigation must be at least 100 feet from areas intended for public access. This distance may be reduced or increased by the Director. Impoundments of treated effluent, if not sealed, must be at least 500 feet from any potable well. Public access to effluent storage and irrigation or disposal sites shall be restricted by a stock-tight fence or other comparable means which shall be posted and controlled to exclude the public. Compliance Schedule There is no Compliance Schedule included in this renewal permit. Acute/Chronic Whole Effluent Toxicity (WET) Testing. As part of the nationwide effort to control toxics, biomonitoring requirements are being included in all major permits and in minor permits for facilities where effluent toxicity is an existing or potential concern. Authorization for requiring effluent biomonitoring is provided for in UAC R317-8-4.2 and R317-8-5.3. The Utah Pollutant Discharge Elimination System, Permit and Enforcement Guidance Document For Whole Effluent Toxicity, February 2018, outlines guidance to be used by the Utah Division of Water Quality staff and by permittee’s for implementation of WET control through the UPDES discharge program.Tooele is a minor facility that discharges all the effluent through a Reuse program. Comparison of laboratory analysis performed on their effluent to the waste load analysis on the Unnamed Ditch, Tooele’s discharge is not likely to be toxic. As a result, biomonitoring of the effluent will not be required; however, the permit will contain a WET reopener provision. Reporting of Monitoring Results. Reporting of all wastewater discharge/reuse monitoring results obtained at Outfall 001 and 001R during the previous month shall be summarized for each month and reported on a Discharge Monitoring Report Form (EPA No. 3320-1) or by NetDMR, post-marked or entered into NetDMR no earlier than the first day and no later thanthe 28th day of the month following the end of the completed monitoring period. The first report is due on May 28, 2024.If no discharge/reuse occurs during the reporting period, “no discharge/reuse” shall be reported. Legible copies of these, and all other reports including whole effluent toxicity (WET) test reports required herein, shall be signed and certified in accordance with the requirements of Signatory Requirements (see Part VII.G), and submitted by NetDMR, or to the Division of Water Quality at the following address:Department of Environmental QualityDivision of Water QualityPO Box 144870Salt Lake City, Utah 84114-4870 Annual Reporting of Wastewater Monitoring Results. Annual Reporting of Land Application per Crop Type. Monitoring results obtained during the previous year shall be summarized and reported annually, no later than January 28th day of the month following the completed reporting period. The first report is due on January 28, 2025. If no reuse occurs during the reporting period, “no reuse” shall be reported for those applicable effluent parameters. Legible copies of these, and all other reports required herein, shall be signed and certified in accordance with the requirements of Signatory Requirements (see Part VII.G), and submitted to the Division of Water Quality at the following address: Department of Environmental Quality Division of Water Quality PO Box 144870 Salt Lake City, Utah 84114-4870PRETREATMENT REQUIREMENTSPretreatment Program Delegation. The Permittee has been delegated primary responsibility for enforcing against discharges prohibited by 40 CFR 403.5 and applying and enforcing any national Pretreatment Standards established by the United States Environmental Protection Agency in accordance with Section 307 (b) and (c) of TheClean Water Act (CWA), as amended by TheWater Quality Act (WQA), of 1987.The Permittee shall implement an Approved POTW Pretreatment Program in accordance with the legal authorities, policies, and procedures described in the Approved POTW Pretreatment Program submission. Such program commits the Permittee to do the following:Carry out inspection, surveillance, and monitoring procedures, which will determine, independent of information supplied by the Industrial User, whether the Industrial User is in compliance with the pretreatment standards. At a minimum, all Significant Industrial Users (SIUs) shall be inspected and sampled by the Permittee at least once per year;Control through permit, order, or similar means, the contribution to the POTW by each Industrial User to ensure compliance with applicable pretreatment standards and requirements;Require development, as necessary, of compliance schedules by each Industrial User for the installation of control technologies to meet applicable pretreatment standards;Maintain and update Industrial User information as necessary, to ensure that all IUs are properly permitted or controlled at all times;An updated listing of the Industrial Users. This list must provide the following and must be provided to the Director, if requested:Identifying each Industrial User (IU) and determining if the IU is an SIU, Determination of the qualitative and quantitative characteristics of each discharge, and Appropriate production data. Enforce all applicable pretreatment standards and requirements and obtain appropriate remedies for noncompliance by any Industrial User;Annually publish a list of Industrial Users that were determined to be in significant noncompliance during the previous year. The notice must be published before March 28 of the following year;Maintain an adequate revenue structure and staffing level for continued implementation of the Pretreatment Program.Evaluate all SIUs at least once every two years to determine if they need to develop a slug prevention plan. If a slug prevention plan is required, the Permittee shall insure that the plan contains at least the minimum elements required in 40 CFR Part 403.8(f)(2)(v);Establish and enforce specific Local Limits as necessary to implement the provisions of the 40 CFR Parts 403.5(a) and (b), and as required by 40 CFR Part 403.5(c).Notify all SIUs of their obligation to comply with applicable requirements under Subtitles C and D of the Resource Conservation and Recovery Act (RCRA); andDevelop, implement, and maintain an enforcement response plan as required by 40 CFR Part 403.8(f)(5) which shall, at a minimum,Describe how the POTW will investigate instances of noncompliance;Describe the types of escalating enforcement responses the POTW will take in response to all anticipated type of Industrial User violations; andDescribe the time periods within which such responses will be taken and identify the POTW staff position(s) responsible for pursuing these actions.Program Updates. The Permittee is required to modify its Pretreatment Program, as necessary, to reflect changes in the regulations of 40 CFR Part 403. Such modifications shall be completed within the time frame set forth by the applicable regulations. Modification of the Approved POTW Pretreatment Program must be done in accordance with the requirements of 40 CFR Part 403.18. Modifications of the approved program which result in less stringent Industrial User requirements shall not be effective until after approval has been granted by the Director.Annual Report. The Permittee shall provide the Division of Water Quality and EPA with an annual report briefly describing the Pretreatment Program activities over the previous calendar year for the Permittee. Reports shall be submitted no later than March 28 of each year. ThePermittee shall submit an annual report, that includes at a minimum, the following: An updated listing of the Industrial Users.A descriptive summary of the compliance activities including numbers of any major enforcement actions, i.e., administrative orders, penalties, civil actions, etc.An assessment of the compliance status of the Industrial Users and the effectiveness of the Pretreatment Program in meeting its needs and objectives.A description of all changes made to the Pretreatment Program. Changes to pollutants of concern to include but not limited to the followingViolations of effluent limits,Summary of pollutants of concern, andExceedances of the maximum headwork loading or industrial loading.Other information as may be determined necessary by the Director.General and Specific Prohibitions. Pretreatment standards (40 CFR 403.5) specifically prohibit the introduction of the following pollutants into the waste treatment system from any source of non-domestic discharge:Pollutants which create a fire or explosion hazard in the publicly owned treatment works (POTW), including, but not limited to, wastestreams with a closed cup flashpoint of less than 140˚F (60˚C);Pollutants, which will cause corrosive structural damage to the POTW, but in no case, discharges with a pH lower than 5.0;Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference;Any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a discharge at such volume or strength as to cause Interference in the POTW;Heat in amounts, which will inhibit biological activity in the POTW, resulting in Interference, but in no case, heat in such quantities that the influent to the sewage treatment works exceeds 104˚F (40˚C)); Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through;Pollutants, which result in the presence of toxic gases, vapor, or fumes within the POTW in a quantity that may cause worker health or safety problems;Any trucked or hauled pollutants, except at discharge points designated by the POTW; orAny pollutant that causes Pass Through or Interference at the POTW.Any specific pollutant which exceeds any Local Limit established by the POTW in accordance with the requirement of 40 CFR Parts 403.5(c) and 403.5(d).Categorical Standards. In addition to the general and specific limitations expressed in Part D of this section, applicable National Categorical Pretreatment Standards must be met by all Industrial Users of the POTW. These standards are published in the federal regulations at 40 CFR 405 et. seq.Self-Monitoring and Reporting Requirements.Influent and Effluent Monitoring and Reporting Requirements. The Permittee shall sample and analyze both the influent and effluent, for the parameters listed in the Monitoring for Pretreatment Program Table.Monitoring for Pretreatment Program TableParameterReporting LimitSample TypeFrequencyUnitsTotal Arsenic2.27CompositeQuarterlymg/LTotal Cadmium0.0454Total Chromium0.153Total Copper0.552Total Lead0.383Total MolybdenumNATotal Nickel3.73Total Selenium0.0693Total Silver0.472Total Zinc4.34Total Cyanide0.117Composite/GrabTotal Mercury0.000272TTOsNAYearlyA test method must be used that has areporting limitas stated in the column. If a test method is not available the Permittee must submit documentation to the Director regarding the method that will be used.The influent and effluent shall be analyzed by the Permittee for total toxic pollutants (TTOs) listed in 40 CFR Part 122 Appendix D Table II (Organic Toxic Pollutants). The pesticides fraction of Appendix D, Table II is suspended unless pesticides are expected to be present.The results of the analyses of metals, cyanide and toxic organics shall be submitted along with the Discharge Monitoring Report (DMR) at the end of the earliest possible reporting period. Also, the Permittee must submit a copy of the toxic organics data to the Pretreatment Coordinator forDWQ via email. In accordance with the requirements of 40 CFR Part 403.5(c), the Permittee shall determine if there is a need to develop or revise its Local Limits in order to implement the general and specific prohibitions of 40 CFR Part 403.5 (a) and Part 403.5 (b). A technical evaluation of the need to develop or revise Local Limits shall be submitted to the Division within 12 months of the effective date of this permit. This evaluation should be conducted in accordance with the latest revision of the EPA Local Limits Development Guidance. If a technical evaluation, reveals that development or revision of Local Limits is necessary, the Permittee shall submit the proposed Local Limits revision to the Division of Water Quality for approval, and after approval implement the new Local Limits, within 12 months of the determination that a revision is necessary.For Local Limit parameters it is recommended that the most sensitive method be used for analysis. This will determine if the parameter is present and provide removal efficiencies based on actual data rather than literature values. If a parameter load is greater than the allowable head works load, for any pollutant listed in Part II.K.1. or Part I, or a pollutant of concern listed in the Local Limit development document, the Permittee must report the information to the Pretreatment Coordinator for theDWQ. If the loading exceeds the allowable headworks load, increase sampling must occur based on the requirements given by the Pretreatment Coordinator for theDWQ. If needed sampling may need to occur to find the source(s) of the increase. This may include sampling of the collection system and/or additional sampling of Industrial Users. Notification regarding the exceedances of the allowable headworks loading can be provided via email.Enforcement Notice. Section19-5-104 of the Act provides that the State may issue a notice to the POTW stating that a determination has been made that appropriate enforcement action must be taken against an Industrial User for noncompliance with any pretreatment requirements within 30 days. The issuance of such notice shall not be construed to limit the authority of the Director.Formal Action. The Director retains the right to take legal action against any Industrial User and/or POTW for those cases where a permit violation has occurred because of the failure of an Industrial User to meet an applicable pretreatment standard. BIOSOLIDS REQUIREMENTS Biosolids Treatment and Disposal. The authorization to dispose of biosolids provided under this permit is limited to those biosolids produced from the treatment works owned and operated by the Permittee. The treatment methods and disposal practices are designated below. Treatment Drying and testing, Biosolids produced at Tooele are stabilized in an oxidation ditch for about 15 days before being thickened by gravity and stored in a holding tank. The biosolids are dewatered with a screw press to about 25% solids and dried in a solar greenhouse dryer. Tooele then tests the biosolids for pathogens to meet 40 CFR 503. Description of Biosolids Disposal Method Class A biosolids may be sold or given away to the public for lawn and garden use or land application. Class B biosolids may be land applied for agriculture use or at reclamation sites at agronomic rates. Biosolids may be disposed of in a landfill or transferred to another facility for treatment and/or disposal. Changes in Treatment Systems and Disposal Practices. Should the Permittee change their disposal methods or the biosolids generation and handling processes of the plant, the Permittee must notify the Director at least 30 days in advance if the process/method is specified in 40 CFR Part 503. This includes, but is not limited to, the permanent addition or removal of any biosolids treatment units (i.e., digesters, drying beds, belt presses, etc.) and/or any other change. Should the Permittee change their disposal methods or the biosolids generation and handling processes of the plant, the Permittee must notify the Director at least 180 days in advance if the process/method is not specified in 40 CFR Part 503. This includes, but is not limited to, the permanent addition or removal of any biosolids treatment units (i.e., digesters, drying beds, belt presses, etc.) and/or any other change.For any biosolids that are land filled, the Permittee shall follow the requirements in Section 2.12 of the latest version of the EPA Region VIII Biosolids Management Handbook must be followed Specific Limitations and Monitoring Requirements.All biosolids generated by this facility to be sold or given away to the public shall meet the requirements of Part III.B.1, 2, 3 and 4 listed below. Metals Limitations. All biosolids sold or given away in a bag or similar container for application to lawns and home gardens must meet the metals limitations as described below. If these metals limitations are not met, the biosolids must be landfilled. Table 5: Pollutant Limits, (40 CFR Part 503.13(b)) Dry Mass Basis Heavy Metals Table 1 Table 2 Table 3 Table 4 Ceiling Conc. Limits(a), (mg/kg) CPLR(b), (mg/ha) Pollutant Conc. Limits(c) (mg/kg) APLR(d), (mg/ha-yr) Total Arsenic 75 41 41 2.0 Total Cadmium 85 39 39 1.9 Total Copper 4300 1500 1500 75 Total Lead 840 300 300 15 Total Mercury 57 17 17 0.85 Total Molybdenum 75 N/A N/A N/A Total Nickel 420 420 420 21 Total Selenium 100 100 100 5.0 Total Zinc 7500 2800 2800 140Notes for Table 5If the concentration of any 1 (one) of these parameters exceeds the Table 1 limit, the biosolids cannot be land applied or beneficially used in any way.CPLR - Cumulative Pollutant Loading Rate - The maximum loading for any 1 (one) of the parameters listed that may be applied to land when biosolids are land applied or beneficially used on agricultural, forestry, or a reclamation site.If the concentration of any 1 (one) of these parameters exceeds the Table 3 limit, the biosolids cannot be land applied or beneficially used in on a lawn, home garden, or other high potential public contact site. If any 1 (one) of these parameters exceeds the Table 3 limit, the biosolids may be land applied or beneficially reused on an agricultural, forestry, reclamation site, or other high potential public contact site, as long as it meets the requirements of Table 1, Table 2, and Table 4.APLR - Annual Pollutant Loading Rate - The maximum annual loading for any 1 (one) of the parameters listed that may be applied to land when biosolids are land applied or beneficially reused on agricultural, forestry, or a reclamation site, when they do not meet Table 3, but do meet Table 1. Pathogen Limitations. All biosolids sold or given away in a bag or a similar container for application to lawns and home gardens must meet the pathogen limitations for Class A. Land applied biosolids must meet the pathogen limitations for Class B as described below. If the pathogen limitations are not met, the biosolids must be landfilled. Class A biosolids shall meet one of the pathogen measurement requirements in the following Pathogen Control Class table or shall meet the requirements for a Process to Further Reduce Pathogens as defined in 40 CFR Part 503.32(a) Sewage Sludge – Class A. Tooelecurrently uses the following practices to meet Class A Pathogen requirements found under (40 CFR 503.32(a)(7)(ii)), (Appendix B, B.1.): Pathogen Testing - Tooele is allowed to do additional testing of pathogens (PFRP) to meet Class A standards. This additional testing requires Tooele to monitor for viable helminth ova (tape worms and round worm eggs that could hatch), enteric viruses (viruses of the gut), and either fecal coliform or salmonella bacteria. Windrow Method - Using the windrow method of composting, the temperature needs to be maintained at 55oC (131oF) or higher for fifteen days, with a minimum of five turnings during those fifteen days, Class B biosolids shall meet the pathogen measurement requirements in the following Pathogen Control Class table or shall meet the requirements for a Process to Significantly Reduce Pathogens as defined in 40 CFR Part 503.32(b)Sewage Sludge –Class B. Under40 CFR 503.32 (b)(2), Tooele may test the biosolids and must meet a microbiological limit of less than 2,000,000 MPN of fecal coliform per gram for the biosolids to be considered Class B biosolids with respect to pathogens. In addition, the permittee shall comply with all applicable site restrictions listed below(40 CFR 503.32,(b),(5)): Food crops with harvested parts that touch the biosolids/soil mixture and are totally above the land surface shall not be harvested for 14 months after application. Food crops with harvested parts below the land surface shall not be harvested for 20 months after application if the biosolids remains on the land surface for four months or more prior to incorporation into the soil. 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 four months prior to incorporation into the soil. Food crops, feed crops, and fiber crops shall not be harvested from the land for 30 days after application. Animals shall not be allowed to graze on the land for 30 days after application. Turf grown on land where biosolids is applied shall not be harvested for one year after application if the harvested turf is placed on either land with a high potential for public exposure or a lawn. Public access to land with a high potential for public exposure shall be restricted for one year after application. Public access to land with a low potential for public exposure shall be restricted for 30 days after application. The sludge or the application of the sludge shall not cause or contribute to the harm of a threatened or endangered species or result in the destruction or adverse modification of critical habitat of a threatened or endangered species after application. Table 6: Pathogen Control Class 503.32 (a)(1) - (5), (7), (8), Class A 503.32 (b)(1) - (5), Class B B Salmonella species –less than three (3) MPN(a)per four (4) grams total solids (DWB)(b) or Fecal Coliforms – less than 1,000 MPN per gram total solids (DWB). Fecal Coliforms – less than 2,000,000 MPN or CFU(c) per gram total solids (DWB). 503.32 (a)(6) Class A—Alternative 4 B Salmonella species –less than three (3) MPN per four (4) grams total solids (DWB) or less than 1,000 MPN Fecal Coliforms per gram total solids (DWB), And - Enteric viruses –less than one (1) plaque forming unit per four (4) grams total solids(DWB) And - Viable helminth ova –less than one (1) per four (4) grams total solids (DWB)Notes for Table 6MPN – Most Probable NumberDWB – Dry Weight BasisCFU – Colony Forming Units Vector Attraction Reduction Requirements. Tooelewill meet vector attraction reduction through use of one of the methods listed in 40 CFR Part 503.33. Facility is meeting the requirements though the following methods. Facilityis meeting vector attraction reduction through Drying40 CFR Part 503.33. The percent solids in 90% or more prior to sale or giveaway for Class A biosolids, (40 CFR 503.33 (b)(7)), or the percent of solids in 75% or more prior to sale or giveaway for Class B biosolids, (40 CFR 503.33 (b)(8)). If the Permittee intends to use another one of the alternatives, the Director and the EPA must be informed at least thirty (30) days prior to its use. Self-Monitoring Requirements. At a minimum, upon the effective date of this permit, all chemical pollutants, pathogens and applicable vector attraction reduction requirements shall be monitored according to 40 CFR Part 503.16(1)(a). Minimum Frequency of Monitoring (40 CFR Part 503.16, 503.26. and 503.46) Amount of Biosolids Disposed Per Year Monitoring Frequency Dry US Tons Dry Metric Tons Per Year or Batch > 0 to < 320 > 0 to < 290 Once Per Year or Batch > 320 to < 1650 > 290 to < 1,500 Once a Quarter or Four Times > 1,650 to < 16,500 > 1,500 to < 15,000 Bi-Monthly or Six Times > 16,500 > 15,000 Monthly or Twelve Times Tooeleproduced 627 Dry Metric Tons in 2021. Accordingly, they will sample at least four times per year Sample collection, preservation and analysis shall be performed in a manner consistent with the requirements of 40 CRF 503 and/or other criteria specific to this permit. A metals analysis is to be performed using Method SW 846 with Method 3050 used for digestion. For the digestion procedure, an amount of biosolids equivalent to a dry weight of one gram shall be used. The methods are also described in the latest version of the Region VIII Biosolids Management Handbook. The Director may request additional monitoring for specific pollutants derived from biosolids if the data shows a potential for concern. After two (2) years of monitoring at the frequency specified, the Permittee may request that the Director reduce the sampling frequency for the heavy metals. The frequency cannot be reduced to less than once per year for biosolids that are sold or given away to the public for any parameter. The frequency also cannot be reduced for any of the pathogen or vector attraction reduction requirements listed in this permit. Management Practices of Biosolids. Biosolids Distribution Information For biosolids that are sold or given away, an information sheet shall be provided to the person who receives the biosolids. The label or information sheet shall contain: The name and address of the person who prepared the biosolids for a sale or to be given away. A statement that prohibits the application of the biosolids to the land except in accordance with the instructions on the label or information sheet. Biosolids Application Site Storage For biosolids or material derived from biosolids that are stored in piles for one year or longer, measures shall be taken to ensure that erosion (whether by wind or water) does not occur. However, best management practices should also be used for piles used for biosolids treatment. If a treatment pile is considered to have caused a problem, best management practices could be added as a requirement in the next permit renewal Land Application Practices The permittee shall operate and maintain the land application site operations in accordance with the following requirements: The permittee shall provide to the Director and the EPA within 90 days of the effective date of this permit a land application plan. Application of biosolids shall be conducted in a manner that will not contaminate the groundwater or impair the use classification for that water underlying the sites. Application of biosolids shall be conducted in a manner that will not cause a violation of any receiving water quality standard from discharges of surface runoff from the land application sites. Biosolids shall not be applied to land 10 meters or less from waters of the United States (as defined in 40 CFR 122.2). No person shall apply biosolids for beneficial use to frozen, ice-covered, or snow-covered land where the slope of such land is greater than three percent and is less than or equal to six percent unless one of the following requirements is met: there is 80 percent vegetative ground cover; or, approval has been obtained based upon a plan demonstrating adequate runoff containment measures. Application of biosolids is prohibited to frozen, ice-covered, or snow-covered sites where the slope of the site exceeds six percent. Agronomic Rate Application of biosolids shall be conducted in a manner that does not exceed the agronomic rate for available nitrogen of the crops grown on the site. At a minimum, the permittee is required to follow the methods for calculating agronomic rate outlined in the latest version of the Region VIII Biosolids Management Handbook (other methods may be approved by the Director). The treatment plant shall provide written notification to the applier of the biosolids of the concentration of total nitrogen (as N on a dry weight basis) in the biosolids. Written permission from the Director is required to exceed the agronomic rate. The permittee may request the limits of Part III.C.6. be modified if different limits would be justified based on local conditions. The limits are required to be developed in cooperation with the local agricultural extension office or university. Deep soil monitoring for nitrate-nitrogen is required for all land application sites (does not apply to sites where biosolids are applied less than once every five years). A minimum of six samples for each 320 (or less) acre area is to be collected. These samples are to be collected down to either a 5-foot depth, or the confining layer, whichever is shallower (sample at 1 foot, 2 foot, 3 foot, 4 foot and 5 foot intervals). Each of these one-foot interval samples shall be analyzed for nitrate-nitrogen. In addition to the one-foot interval samples, a composite sample of the 5-foot intervals shall be taken, and analyzed for nitrate-nitrogen as well. Samples are required to be taken once every five years for non-irrigated sites that receive more than 18 inches of precipitation annually or for irrigated sites Biosolids shall not be applied to any site area with standing surface water. If the annual high groundwater level is known or suspected to be within five feet of the surface, additional deep soil monitoring for nitrate-nitrogen as described in Part III.C.(6)(c). is to be performed. At a minimum, this additional monitoring will involve a collection of more samples in the affected area and possibly more frequent sampling. The exact number of samples to be collected will be outlined in a deep soil monitoring plan to be submitted to the Director and the EPA within 90 days of the effective date of this permit. The plan is subject to approval by the Director. The specified cover crop shall be planted during the next available planting season. If this does not occur, the permittee shall notify the Director in writing. Additional restrictions may be placed on the application of the biosolids on that site on a case-by-case basis to control nitrate movement. Deep soil monitoring may be increased under the discretion of the Director. When weather and or soil conditions prevent adherence to the biosolids application procedure, biosolids shall not be applied on the site. For biosolids that are sold or given away, an information sheet shall be provided to the person who receives the biosolids. The label or information sheet shall contain: The name and address of the person who prepared the biosolids for sale or give away for application to the land. A statement that prohibits the application of the biosolids to the land except in accordance with the instructions on the label or information sheet. The annual whole biosolids application rate for the biosolids that do not cause the metals loading rates in Tables 1, 2, and 3 (Part III.B.1.) to be exceeded. Biosolids subject to the cumulative pollutant loading rates in Table 2 (Part III.B.1.) shall not be applied to agricultural land, forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates in Table 2 have been reached. If the treatment plant applies the biosolids, it shall provide the owner or leaseholder of the land on which the biosolids are applied notice and necessary information to comply with the requirements in this permit. The permittee shall inspect the application of the biosolids to active sites to prevent malfunctions and deterioration, operator errors and discharges, which may cause or lead to the release of biosolids to the environment or a threat to human health. The permittee must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment. The permittee shall keep an inspection log or summary including at least the date and time of inspection, the printed name and the handwritten signature of the inspector, a notation of observations made and the date and nature of any repairs or corrective action. Special Conditions on Biosolids Storage. Permanent storage of biosolids is prohibited. Biosolids shall not be temporarily stored for more than two (2) years. Written permission to store biosolids for more than two years must be obtained from the Director. Storage of biosolids for more than two years will be allowed only if it is determined that significant treatment is occurring. Representative Sampling. Biosolids samples used to measure compliance with Part III of this Permit shall be collected at locations representative of the quality of biosolids generated at the treatment works and immediately prior to land application. Reporting of Monitoring Results. Biosolids. The Permittee shall provide the results of all monitoring performed in accordance with Part III.B, and information on management practices, biosolids treatment, site restrictions and certifications shall be provided no later than February 19 of each year. Each report is for the previous calendar year. If no biosolids were sold or given away during the reporting period, "no biosolids were sold or given away" shall be reported. Legible copies of these, and all other reports required herein, shall be signed and certified in accordance with the Signatory Requirements (see Part VII.G), and submitted to the Utah Division of Water Quality and the EPA by the NeT-Biosolids system through the EPA Central Data Exchange (CDX) System. Additional Record Keeping Requirements Specific to Biosolids. Unless otherwise required by the Director, the permittee is not required to keep records on compost products if the permittee prepared themfrom biosolids that meet the limits in Table 3 (Part III.B.1), the Class A pathogen requirements in Part III.B.2 and the vector attraction reduction requirements in Part III.B.3. The Director may notify the permittee that additional record keeping is required if it is determined to be significant to protecting public health and the environment. The permittee is required to keep the following information for at least 5 years: Concentration of each heavy metal in Table 3 (Part III.B.1). A description of how the pathogen reduction requirements in Part III.B.2 were met. A description of how the vector attraction reduction requirements in Part III.B.3 were met. A description of how the management practices in Part III.C were met (if necessary). The following certification statement:"I certify under the penalty of law, that the heavy metals requirements in Part III.B.1, the pathogen requirements in Part III.B.2, the vector attraction requirements in Part III.B.3, the management practices in Part III.C. This determination has been made under my direction and supervision in accordance with the system designed to assure that qualified personnel properly gather and evaluate the information used to determine that the pathogen requirements, the vector attraction reduction requirements and the management practices have been met. I am aware that there are significant penalties for false certification including the possibility of imprisonment." The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit and records of all data used to complete the application for this permit for the life of the permit. Data collected on site, copies of Biosolids Report forms, and a copy of this UPDES biosolids-only permit must be maintained on site during the duration of activity at the permitted location. STORM WATER REQUIREMENTS. Industrial Storm Water Permit. Based on the type of industrial activities occurring at the facility, the permittee is required to maintain separate coverage or an appropriate exclusion under the Multi-Sector General Permit (MSGP) for Storm Water Discharges Associated with Industrial Activities (UTR000000). If the facility is not already covered, the permittee has 30 days from when this permit is issued to submit the appropriate Notice of Intent (NOI) for the MSGP or exclusion documentation. Construction Storm Water Permit. Any construction at the facility that disturbs an acre or more of land, including less than an acre if it is part of a common plan of development or sale, is required to obtain coverage under the UPDES Construction General Storm Water Permit (UTRC00000). Permit coverage must be obtained prior to land disturbance. If the site qualifies, a Low Erosivity Waiver (LEW) Certification may be submitted instead of permit coverage. MONITORING, RECORDING & GENERAL REPORTING REQUIREMENTS Representative Sampling. Samples taken in compliance with the monitoring requirements established under Part I shall be collected from the effluent stream prior to discharge into the receiving waters. Samples and measurements shall be representative of the volume and nature of the monitored discharge. Samples of biosolids shall be collected at a location representative of the quality of biosolids immediately prior to the use-disposal practice. Monitoring Procedures.Monitoring must be conducted according to test procedures approved under Utah Administrative Code ("UAC'') R317-2-10, UAC R317-8-4.1(10)(d), and/or 40 CFR 503 utilizing sufficiently sensitive test methods unless other test procedures have been specified in this permit. Monitoring must be conducted according to the test procedures listed above unless another method is required under 40 CFR subchapters N or O. Sufficiently sensitive test method means: (1) The method minimum level (ML) is at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant parameter; or (2) The method has the lowest ML of the analytical methods approved under 40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter as per40 CFR 122.44(i)(1)(iv)(A). 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. 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. Additional Monitoring by the Permittee. If the permittee monitors any parameter more frequently than required by this permit, using test procedures approved under Permit Part V.B., the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or the Biosolids Report Form. Records Contents. Records of monitoring information shall include: The date, exact place, and time of sampling or measurements: The individual(s) who performed the sampling or measurements; The date(s) and time(s) analyses were performed; The individual(s) who performed the analyses; The analytical techniques or methods used; and, The results of such analyses. Retention of Records. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, 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 five years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. A copy of this UPDES permit must be maintained on site during the duration of activity at the permitted location Twenty-four Hour Notice of Noncompliance Reporting. The permittee shall (orally) report any noncompliance including transportation accidents, spills, and uncontrolled runoff from biosolids transfer or land application sites which may seriously endanger health or environment, as soon as possible, but no later than twenty-four (24) hours from the time the permittee first became aware of circumstances. The report shall be made to the Division of Water Quality (DWQ) via the 24-hour answering service (801) 536-4123. The following occurrences of noncompliance shall initially be reported by telephone to the DWQ via the 24-hour answering service as soon as possible but no later than 24 hours from the time the permittee becomes aware of the circumstances: Any noncompliance which may endanger health or the environment; Any unanticipated bypass, which exceeds any effluent limitation in the permit (See Part VI.G, Bypass of Treatment Facilities.); Any upset which exceeds any effluent limitation in the permit (See Part VI.H, Upset Conditions.); Violation of a daily discharge limitation for any of the pollutants listed in the permit. For other permit violations which will not endanger health or the environment, DWQ may otherwise be notified during business hours (801) 536-4300; or, Violation of any of the Table 3 metals limits, the pathogen limits, the vector attraction reduction limits or the management practices for biosolids that have been sold or given away. A written submission shall also be provided 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; The period of noncompliance, including exact dates and times; The estimated time noncompliance is expected to continue if it has not been corrected; Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance; and, Steps taken, if any, to mitigate the adverse impacts on the environment and human health during the noncompliance period. The Director may waive the written report on a case-by-case basis if the oral report has been received within 24 hours by the Division of Water Quality, (801) 536-4300. Reports shall be submitted to the addresses in Part I.D, Reporting of Monitoring Results. 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 I.D are submitted. The reports shall contain the information listed in Part V.H.3 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: 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; Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, including but not limited to, biosolids treatment, collection, storage facilities or area, transport vehicles and containers, and land application sites; 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, including, but not limited to, digested biosolids before dewatering, dewatered biosolids, biosolids transfer or staging areas, any ground or surface waters at the land application sites or biosolids, soils, or vegetation on the land application sites; and, The permittee shall make the necessary arrangements with the landowner or leaseholder to obtain permission or clearance, the Director, or authorized representative, upon the presentation of credentials and other documents as may be required by law, will be permitted to enter without delay for the purposes of performing their responsibilities. COMPLIANCE RESPONSIBILITIES 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. 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. Except as provided at Part VI.G, Bypass of Treatment Facilities and Part VI.H, Upset Conditions, nothing in this permit shall be construed to relieve the permittee of the civil or criminal penalties for noncompliance. 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. 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. The permittee shall also take all reasonable steps to minimize or prevent any land application in violation of this permit. 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. Removed Substances. Collected screening, grit, solids, sludge, or other pollutants removed in the course of treatment shall be disposed of in such a manner so as to prevent any pollutant from entering any waters of the state or creating a health hazard. Sludge/digester supernatant and filter backwash shall not directly enter either the final effluent or waters of the state by any other direct route. Bypass of Treatment Facilities. Bypass Not Exceeding Limitations. The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to paragraph 2and 3 of this section. Prohibition of Bypass. Bypass is prohibited, and the Director may take enforcement action against a permittee for bypass, unless: Bypass was unavoidable to prevent loss of human life, personal injury, or severe property damage; There were no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and The Permittee submitted notices as required under PartVI.G.3. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in Parts VI.G.2.a (1), (2) and (3). Notice. Anticipated bypass. Except as provided above in PartVI.G.2 and below in PartVI.G.3.b, if the permittee knows in advance of the need for a bypass, it shall submit prior notice, at least ninety days before the date of bypass. The prior notice shall include the following unless otherwise waived by the Director: Evaluation of alternative to bypass, including cost-benefit analysis containing an assessment of anticipated resource damages: A specific bypass plan describing the work to be performed including scheduled dates and times. The permittee must notify the Director in advance of any changes to the bypass schedule; Description of specific measures to be taken to minimize environmental and public health impacts; A notification plan sufficient to alert all downstream users, the public and others reasonably expected to be impacted by the bypass; A water quality assessment plan to include sufficient monitoring of the receiving water before, during and following the bypass to enable evaluation of public health risks and environmental impacts; and, Any additional information requested by the Director. Emergency Bypass. Where ninety days advance notice is not possible, the permittee must notify the Director, and the Director of the Department of Natural Resources, as soon as it becomes aware of the need to bypass and provide to the Director the information in PartVI.G.3.a.(1) through (6) to the extent practicable. Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass to the Director as required under Part V.H, Twenty-Four Hour Reporting. The permittee shall also immediately notify the Director of the Department of Natural Resources, the public and downstream users and shall implement measures to minimize impacts to public health and environment to the extent practicable. Upset Conditions. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of paragraph 2 of this section are met. Director's administrative determination regarding a claim of upset cannot be judiciously challenged by the permittee until such time as an action is initiated for noncompliance. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: An upset occurred and that the permittee can identify the cause(s) of the upset; The permitted facility was at the time being properly operated; The permittee submitted notice of the upset as required under Part V.H, Twenty-four Hour Notice of Noncompliance Reporting; and, The permittee complied with any remedial measures required under Part VI.D, Duty to Mitigate. Burden of proof. In any enforcement proceeding, the permittee seeking to establish the occurrence of an upset has the burden of proof. GENERAL REQUIREMENTS 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 only when: The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 122.29(b); or The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit nor to notification requirements under Subsection R317-8-4.1(15). The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan.The permittee shall give notice to the Director of any planned changes at least 30 days prior to their implementation. Anticipated Noncompliance. 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. 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. Duty to Reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit. The application shall be submitted at least 180 days before the expiration date of this permit. 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. 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. Signatory Requirements. All applications, reports or information submitted to the Director shall be signed and certified. All permit applications shall be signed by either a principal executive officer or ranking elected official. A person is a duly authorized representative only if: The authorization is made in writing by a person described above and submitted to the Director, and, The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters. A duly authorized representative may thus be either a named individual or any individual occupying a named position. For a corporation. By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. For a partnership or sole proprietorship. By a general partner or the proprietor, respectively; or For a municipality, State, Federal, or other public agency. By either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes: The chief executive officer of the agency, or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA). 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. Changes to authorization. If an authorization under paragraph VII.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 paragraph VII.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. 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." 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 $10,000.00 per violation, or by imprisonment for not more than six months per violation, or by both. Availability of Reports. Except for data determined to be confidential under UAC R317-8-3.2, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the office of Director. As required by the Act, permit applications, permits and effluent data shall not be considered confidential. Oil and Hazardous Substance Liability. Nothing in this permit shall be construed to preclude the permittee of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under the Act. 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. Severability. The provisions of this permit are severable, and if any provisions 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. Transfers. This permit may be automatically transferred to a new permittee if: The current permittee notifies the Director at least 20 days in advance of the proposed transfer date; The notice includes a written agreement between the existing and new permittee’s containing a specific date for transfer of permit responsibility, coverage, and liability between them; and, 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. State or Federal Laws. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state law or regulation under authority preserved bySections19-5-117 and 510 of the Clean Water Act or any applicable Federal or State transportation regulations, such as but not limited to the Department of Transportation regulations. Water Quality - Reopener Provision. This permit may be reopened and modified (following proper administrative procedures) to include the appropriate effluent limitations and compliance schedule, if necessary, if one or more of the following events occurs: Water Quality Standards for the receiving water(s) to which the permittee discharges are modified in such a manner as to require different effluent limits than contained in this permit. A final wasteload allocation is developed and approved by the State and/or EPA for incorporation in this permit. Revisions to the current CWA § 208 areawide treatment management plans or promulgations/revisions to TMDLs (40 CFR 130.7) approved by the EPA and adopted by DWQ which calls for different effluent limitations than contained in this permit. Biosolids – Reopener Provision. This permit may be reopened and modified (following proper administrative procedures) to include the appropriate biosolids limitations (and compliance schedule, if necessary), management practices, other appropriate requirements to protect public health and the environment, or if there have been substantial changes (or such changes are planned) in biosolids use or disposal practices; applicable management practices or numerical limitations for pollutants in biosolids have been promulgated which are more stringent than the requirements in this permit; and/or it has been determined that the permittees biosolids use or land application practices do not comply with existing applicable state of federal regulations. Toxicity Limitation - Reopener Provision. This permit may be reopened and modified (following proper administrative procedures) to include WET testing, a WET limitation, a compliance schedule, a compliance date, additional or modified numerical limitations, or any other conditions related to the control of toxicants if toxicity is detected during the life of this permit. DEFINITIONSWastewater. The “7-day (and weekly) average”, other than for E. coli bacteria, fecal coliform bacteria, and total coliform bacteria, is the arithmetic average of all samples collected during a consecutive 7-day period or calendar week, whichever is applicable. Geometric means shall be calculated for E. coli bacteria, fecal coliform bacteria, and total coliform bacteria. The 7-day and weekly averages are applicable only to those effluent characteristics for which there are 7-day average effluent limitations. The calendar week, which begins on Sunday and ends on Saturday, shall be used for purposes of reporting self-monitoring data on discharge monitoring report forms. Weekly averages shall be calculated for all calendar weeks with Saturdays in the month. If a calendar week overlaps two months (i.e., the Sunday is in one month and the Saturday in the following month), the weekly average calculated for that calendar week shall be included in the data for the month that contains Saturday. The "30-day (and monthly) average," other than for E. coli bacteria, fecal coliform bacteria and total coliform bacteria, is the arithmetic average of all samples collected during a consecutive 30-day period or calendar month, whichever is applicable. Geometric means shall be calculated for E. coli bacteria, fecal coliform bacteria and total coliform bacteria. The calendar month shall be used for purposes of reporting self-monitoring data on discharge monitoring report forms. "Average annual discharge limit" means maximum allowable average of monthly discharges over a calendar year, calculated as the sum of all monthly discharges measured during a calendar year divided by the number of monthly discharges measured during the year. The timeframe is defined as from January 1st to December 31st. “Act,” means the Utah Water Quality Act. “Acute toxicity” occurs when 50 percent or more mortality is observed for either test species at any effluent concentration (lethal concentration or “LC50”). "Annual Loading Cap" is the highest allowable phosphorus loading discharged over a calendar year, calculated as the sum of all the monthly loading discharges measured during a calendar year divided by the number of monthly discharges measured during that year. “Bypass,” means the diversion of waste streams from any portion of a treatment facility. “Chronic toxicity” occurs when the IC25< XX% effluent. The XX% effluent is the concentration of the effluent in the receiving water, at the end of the mixing zone expressed as per cent effluent. "IC25" is the concentration of toxicant (given in % effluent) that would cause a 25% reduction in mean young per female, or a 25% reduction in overall growth for the test population. “Composite Samples” shall be flow proportioned. The composite sample shall, as a minimum, contain at least four (4) samples collected over the compositing period. Unless otherwise specified, the time between the collection of the first sample and the last sample shall not be less than six (6) hours nor more than 24 hours. Acceptable methods for preparation of composite samples are as follows: Constant time interval between samples, sample volume proportional to flow rate at time of sampling; Constant time interval between samples, sample volume proportional to total flow (volume) since last sample. For the first sample, the flow rate at the time the sample was collected may be used; Constant sample volume, time interval between samples proportional to flow (i.e., sample taken every “X” gallons of flow); and, Continuous sample volume, with sample collection rate proportional to flow rate. “CWA”means The Federal Water Pollution Control Act, as amended, by The Clean Water Act of 1987. “Daily Maximum” (Daily Max.) is the maximum value allowable in any single sample or instantaneous measurement. “EPA,” means the United States Environmental Protection Agency. “Director,” means Director of the Division of Water Quality. A “grab” sample, for monitoring requirements, is defined as a single “dip and take” sample collected at a representative point in the discharge stream. An “instantaneous” measurement, for monitoring requirements, is defined as a single reading, observation, or measurement. “Severe Property Damage,” means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. “Upset,” means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or careless or improper operation. Biosolids. “Biosolids,” means any material or material derived from sewage solids that have been biologically treated. “Dry Weight-Basis,” means 100 percent solids (i.e. zero percent moisture). “Land Application” is the spraying or spreading of biosolids onto the land surface; the injection of biosolids below the land surface; or the incorporation of biosolids into the land so that the biosolids can either condition the soil or fertilize crops or vegetation grown in the soil. Land application includes distribution and marketing (i.e. the selling or giving away of the biosolids). “Pathogen,” means an organism that is capable of producing an infection or disease in a susceptible host. “Pollutant” for the purposes of this permit is an organic substance, an inorganic substance, a combination of organic and inorganic substances, or pathogenic organisms that after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism either directly from the environment or indirectly by ingestion through the food-chain, could on the basis of information available to the Administrator of EPA, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformations in either organisms or offspring of the organisms. “Runoff” is rainwater, leachate, or other liquid that drains over any part of a land surface and runs off the land surface. “Similar Container” is either an open or closed receptacle. This includes, but is not limited to, a bucket, a box, a carton, and a vehicle or trailer with a load capacity of one metric ton or less. “Total Solids” are the materials in the biosolids that remain as a residue if the biosolids are dried at 103o or 105o Celsius. “Treatment Works” are either Federally owned, publicly owned, or privately owned devices or systems used to treat (including recycling and reclamation) either domestic sewage or a combination of domestic sewage and industrial waste or liquid manure. “Vector Attraction” is the characteristic of biosolids that attracts rodents, flies mosquito’s or other organisms capable of transporting infectious agents. “Animals” for the purpose of this permit are domestic livestock. “Annual Whole Sludge Application Rate” is the amount of sewage sludge (dry-weight basis) that can be applied to a unit area of land during a cropping cycle. “Agronomic Rate is the whole sludge application rate (dry-weight basis) designed to: (1) provide the amount of nitrogen needed by the crop or vegetation grown on the land; and (2) minimize the amount of nitrogen in the sewage sludge that passes below the root zone of the crop or vegetation grown on the land to the ground water. “Annual Pollutant Loading Rate” is the maximum amount of a pollutant (dry-weight basis) that can be applied to a unit area of land during a 365-day period. “Application Site or Land Application Site” means all contiguous areas of a users’ property intended for sludge application. “Cumulative Pollutant Loading Rate” is the maximum amount of an inorganic pollutant (dry-weight basis) that can be applied to a unit area of land. “Grit and Screenings” are sand, gravel, cinders, other materials with a high specific gravity and relatively large materials such as rags generated during preliminary treatment of domestic sewage at a treatment works and shall be disposed of according to 40 CFR 258. “High Potential for Public Contact Site” is land with a high potential for contact by the public. This includes, but is not limited to, public parks, ball fields, cemeteries, plant nurseries, turf farms, and golf courses. “Low Potential for Public Contact Site” is the land with a low potential for contact by the public. This includes, but is not limited to, farms, ranches, reclamation areas, and other lands which are private lands, restricted public lands, or lands which are not generally accessible to or used by the public. “Monthly Average” is the arithmetic mean of all measurements taken during the month. “Volatile Solids” is the amount of the total solids in sewage sludge lost when the sludge is combusted at 550 degrees Celsius for 15-20 minutes in the presence of excess air.