DWQ-2024-008357

STATE OF UTAHDIVISION OF WATER QUALITYDEPARTMENT OF ENVIRONMENTAL QUALITYSALT LAKE CITY, UTAHUTAH POLLUTANT DISCHARGE ELIMINATION SYSTEM (UPDES) PERMITSMinor IndustrialBiosolids Permit
No. UTL026344In compliance with provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code (the "Act"),MIMBACH CO.,INC.is hereby authorized to process biosolids at the
MIMBACH CO.in accordance with specific limitations, and other conditions set forth herein.This permit shall become effective on Month 01, 2025This permit expires at midnight on Month
XX, 20XX.Signed this XXth day of Month, 20XX._________________________John K. Mackey, P.E. Director
DWQ-2024-007906Table of ContentsOutline Page NumberI. DISCHARGE LIMITATIONS
AND REPORTING REQUIREMENTS5II. PRETREATMENT REQUIREMENTS6III. BIOSOLIDS REQUIREMENTS9A. Biosolids Treatment and Disposal9B. Specific Limitations and Monitoring Requirements9C. Management
Practices of Biosolids13D. Special Conditions on Biosolids Storage15E. Representative Sampling15F. Reporting of Monitoring Results15G. Additional Record Keeping Requirements Specific
to Biosolids16IV. STORM WATER REQUIREMENTS17V. MONITORING, RECORDING & GENERAL REPORTING REQUIREMENTS18A. Representative Sampling18B. Monitoring Procedures18C. Penalties for Tampering18D.
Compliance Schedules18E. Additional Monitoring by the Permittee18F. Records Contents18G. Retention of Records18H. Twenty-four Hour Notice of Noncompliance Reporting18I. Other Noncompliance
Reporting19J. Inspection and Entry19VI. COMPLIANCE RESPONSIBILITIES21A. Duty to Comply21B. Penalties for Violations of Permit Conditions21C. Need to Halt or Reduce Activity not
a Defense21D. Duty to Mitigate21E. Proper Operation and Maintenance21F. Removed Substances21G. Bypass of Treatment Facilities21H. Upset Conditions22VII. GENERAL REQUIREMENTS24A.
Planned Changes24B. Anticipated Noncompliance24C. Permit Actions24D. Duty to Reapply24E. Duty to Provide Information24F. Other Information24G. Signatory Requirements24H. Penalties
for Falsification of Reports26I. Availability of Reports26J. Oil and Hazardous Substance Liability26K. Property Rights26L. Severability26M. Transfers26N. State or Federal Laws26O.
Water Quality - Reopener Provision27P. Biosolids – Reopener Provision27Q. Toxicity Limitation - Reopener Provision27VIII. DEFINITIONS28B. Biosolids28
DISCHARGE LIMITATIONS AND REPORTING REQUIREMENTSThere is no discharge authorized under this permit.PRETREATMENT REQUIREMENTSDefinitions. For this section, the following definitions shall
apply:Indirect Discharge means the introduction of pollutants into a Publicly Owned Treatment Works (POTW) from any non-domestic source regulated under section 307 (b), (c) or (d) of
the CWA. Interference means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:Inhibits or disrupts the POTW, its treatment processes
or operations, or its sludge processes, use or disposal; andTherefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude
or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or
more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation
and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances
Control Act, and the Marine Protection, Research and Sanctuaries Act.Pass Through means a Discharge which exits the POTW into waters of the State or waters of the United States in quantities
or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including
an increase in the magnitude or duration of a violation).Publicly Owned Treatment Works or POTW means a treatment works, as defined by section 212 of the CWA, which is owned by a State
or municipality (as defined by section 502(4) of the CWA). This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage
or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances only if they convey wastewater to a POTW Treatment Plant. The term also means the municipality,
as defined in section 502(4) of the CWA, which has jurisdiction over the Indirect Discharges to and the discharges from such a treatment works.Significant Industrial User (SIU)means:Except
as provided in paragraphs (5)(b) and (5)(c) of this definition, the term Significant Industrial User means: All Industrial Users subject to Categorical Pretreatment Standards under 40
CFR 403.6 and 40 CFR chapter I, subchapter N; and Any other Industrial User that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity
of the POTW Treatment plant; or is designated as such by the Control Authority on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation
or for violating any Pretreatment Standard or requirement (in accordance with 40 CFR 403.8(f)(6)). The Control Authority may determine that an Industrial User subject to categorical
Pretreatment Standards under § 403.6 and 40 CFR chapter I, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the
Industrial User never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically
included in the Pretreatment Standard) and the following conditions are met: The Industrial User, prior to the Control Authority's finding, has consistently complied with all applicable
categorical Pretreatment Standards and Requirements; The Industrial User annually submits the certification statement required in § 403.12(q) together with any additional information
necessary to support the certification statement; and The Industrial User never discharges any untreated concentrated wastewater. Upon a finding that an Industrial User meeting the criteria
in paragraph (5)(a)(2) of this definition has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standards or requirement, the Control
Authority may at any time, on its own initiative or in response to a petition received from an Industrial User or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such
Industrial User is not a Significant Industrial User.User or Industrial User (IU) means a source of Indirect Discharge.Discharge to POTW. Any wastewaters discharged to the sanitary sewer,
either as a direct discharge or as a hauled waste, are subject to Federal, State and local pretreatment regulations. Pursuant to Section 307 of The Water Quality Act of 1987, the Permittee
shall comply with all applicable federal General Pretreatment Regulations promulgated at 40 CFR 403, the State Pretreatment Requirements at UAC R317-8-8, and any specific local discharge
limitations developed by the Publicly Owned Treatment Works (POTW) accepting the wastewaters. At a minimum, the discharge into a POTW must meet the requirements of Part II. D. and E.
of the permit.Hazardous Waste Notification. The Permittee must notify the POTW, the EPA Regional Waste Management Director, the Director and the State hazardous waste authorities in
writing if they discharge any substance into a POTW that, if otherwise disposed of, would be considered a hazardous waste under 40 CFR 261. This notification must include the name of
the hazardous waste, the EPA hazardous waste number, and the type of discharge (continuous or batch).General and Specific Prohibitions. General Prohibitions. The Permittee may not introduce
into a POTW any pollutant(s) which cause Pass Through or Interference. These general prohibitions and the specific prohibitions in paragraph 2. of this section apply to the introducing
pollutants into a POTW whether or not the Permittee is subject to other National Pretreatment Standards or any national, State, or local Pretreatment Requirements.Specific Prohibitions.
The following pollutants shall not be introduced into a POTW: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 Limitation established by the POTW.Categorical Standards. In addition to the general and specific limitations expressed in Part II. D.of this
section, applicable National Categorical Pretreatment Standards must be met by all Industrial Users discharging into a POTW. These standards are published in the federal regulations
at 40 CFR 405 through 471.
BIOSOLIDS REQUIREMENTS
Biosolids Treatment and Disposal. The authorization to dispose of biosolids provided under this permit is limited to those biosolids received from POTWs for processingby the Permittee.

The treatment methods and disposal practices are designated below.
Treatment
Composting - Using the windrow composting method, the temperature of the sewage sludge is maintained at 55 degrees or higher for 15 days or longer. During the period when the compost
is maintained at 55 degrees or higher, there shall be a minimum of five turnings of the windrow (40 CFR 503.32(a)(7)(ii) Appendix B.B(1).
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 processed 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 concentration limitations as described
below. If these metals limitations are not met, the biosolids must be landfilled.
Pollutant Limits, (40 CFR Part 503.13(b)) Dry Mass Basis
Heavy Metals
Table 1
Table 2
Table 3
Table 4

Ceiling Conc. Limits 1, (mg/kg)
CPLR 2, (kg/ha)
Pollutant Conc. Limits 3 (mg/kg)
APLR 4, (kg/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
140
1, If 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.
2, 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 reclamation site.
3, 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(40 CFR Part 503.31(d)). 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.
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.
Permitteecurrently plans to use the following practice to meet Class A Pathogen requirements found under (40 CFR 503.32(a)(7)(ii)), (Appendix B, B.1.):
Windrow Method - Using the windrow method of composting, the temperature needs to be maintained at 55° C (131° F) 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.
At this time, Permittee intends to meet Class ABiosolids requirements to distribute bulk biosolids for land application and thus is not required meet Class B Biosolids requirements.
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.
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) MPN1per four (4) grams total solids (DWB)2 or Fecal Coliforms – less than 1,000 MPN per gram total solids (DWB).
Fecal Coliforms – less than 2,000,000 MPN or CFU3 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)
1 - MPN – Most Probable Number
2 - DWB – Dry Weight Basis
3 - CFU – Colony Forming Units

Vector Attraction Reduction Requirements.
The Permitteewill meet vector attraction reduction through use of one of the methods listed in 40 CFR Part 503.33. Permittee is meeting the requirements though the following methods.
Permittee is meeting vector attraction reduction through 40 CFR Part 503.33(b)(5), “the solids need treated through composting with a temperature of 40° C (104° F) or higher for at least
14 days with an average temperature of over 45° C (113° F)”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 Produced, Processed, orDisposedPer Year
Monitoring Frequency
Dry US Tons
Dry Metric Tons
Per Year or Batch2
> 0 to < 320
> 0 to < 2901
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 TimesThe Permittee has yet to processes any biosolids. When they start composting, they will have to monitor according to the mass they receive each year. It is estimated
that they will receive approximately 100 DMT or less of biosolids for composting to begin with. They will sample once per year/batch.The Permittee will be receiving biosolids from POTWs
for further processing and distribution. The permittee may either use the metals monitoring results provided by the POTWs producing the biosolids, or sample the biosolids transferred
to them for metals, but they do not need to do both. Pathogen monitoring is required after composting, prior to distribution of the processed biosolids to confirm the process has achieved
reduction requirements.
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 them from 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 may be 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 [phone].
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 [phone]; 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, [phone].
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 Part VI.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 Part VI.G.2 and below in Part VI.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 Part VI.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 IV.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 perfoms 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.
DEFINITIONS
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.