HomeMy WebLinkAboutDWQ-2024-004607STATE OF UTAHDEPARTMENT OF ENVIRONMENTAL QUALITYDIVISION OF WATER QUALITYWATER QUALITY BOARDP.O. BOX 144870SALT LAKE CITY, UTAH 84114-4870Ground Water Discharge and Construction PermitPermit
No. UGW270011
In compliance with the provisions of the Utah Water Quality Act, Title 19, Chapter 5, Utah Code Annotated 1953, as amended, the Act,Andrade ChristensenChristensenSowFarm7.6 Miles northwest
of FillmoreMillard County, Utah
Hereafter after referred to as Permittee, is granted a Ground Water Discharge and Construction Permit for the operation of two basins; a total containment 34-million-gallonprimary anaerobic
basin with manure removed annually from the containment basin and used for land application and fertilization of nearby agricultural acreage in accordance with the NRCS Manure Export
Plan. The facility is located in the north ½ of Section 31, Township 20 South, Range 5West, Salt Lake Base and Meridian, MillardCounty, Utah.
This permit is based on representation made by the Permittee and other information contained in the administrative record. It is the responsibility of the Permittee to read and understand
all provisions of this permit.
The facility shall be maintained and operated in accordance with conditions set forth in the permit and the Utah Administrative Rules for Ground Water Quality Protection (R317-6).
This permit shall become effective on ________________________, 2024
This permit and authorization to operate shall expire at midnighton __________________, 2029.
___________________________________________
John Mackey, PE
Director
TABLE OF CONTENTSPART ICOMPLETED CONSTRUCTION.1Design and Construction1PART IISPECIFIC CONDITIONS3A.Ground Water Classification3B.Background Ground Water Quality3C.Ground Water Protection
Levels3D.Best Available Technology (BAT) Standard3E.Best Management Practices5F.Compliance Monitoring Requirements5G.Non-Compliance Status8H.Reporting Requirements9I.Compliance Schedule11PART
IIIMONITORING, RECORDING AND REPORTING REQUIREMENTS12A.Representative Sampling12B.Analytical Procedures12C.Penalties for Tampering12D.Reporting of Monitoring Results12E.Compliance Schedules12F.Additional
Monitoring by the Permittee12G.Records Contents13H.Retention of Records13I.Twenty-four Hour Notice of Noncompliance Reporting13J.Other Noncompliance Reporting13K.Inspection and Entry13PART
IVCOMPLIANCE RESPONSIBILITIES15A.Duty to Comply15B.Penalties for Violations of Permit Conditions15C.Need to Halt or Reduce Activity not a Defense15D.Duty to Mitigate15E.Proper Operation
and Maintenance15PART VGENERAL REQUIREMENTS16A.Planned Changes16B.Anticipated Noncompliance16C.Permit Actions16D.Duty to Reapply16E.Duty to Provide Information16F.Other Information16G.Signatory
Requirements16H.Penalties for Falsification of Reports17I.Availability of Reports18J.Property Rights18K.Severability18L.Transfers18M.State Laws18N.Reopener Provision18
Applicable Documents for this permit include but are not limited to:
Water Quality Sampling, Handling, and Analysis Planv. October 2016 and NRCS Manure Export Plan
PART ICOMPLETED CONSTRUCTION.
Design and Construction
Under authority of the Utah Water Quality Act, Section 19-5-108(1) Utah Code Ann. 1953, as amended and Utah Administrative Code R317-1, the authorized facilityhas beenconstructed in
accordance with the engineering design plans and specifications of the initial permit issuance (DWQ-2018-008494- Appendix A).Approved and constructed elements include:Sub-grade will
be scarified and re-compacted to 95% of the Standard Proctor Scale (ASTM D698).Construction ofthree barns including a breeding/gestation, a farrowing, and a gilt finisher barnthat may
contain up to a total of 6,840 pigs.Construction of a34-million gallon primary anaerobic containment basinat thefarm site.The containment basinis lined with a Flexible Membrane Liner
(FML) of 60-mil High-Density Polyethylene (HDPE).The containment basin is be underlain with a tile-drain perforated pipe containment system.The sub-base will be compacted to a State-certified
permeability of 1 × 10-5 cm/sec, limiting vertical infiltration and acting as a secondary liner.The containment basin is slightly sloped at 0.25% minimum gradient and a series of gravel-filled
leak detection sumps will be constructed at the downgradient extent of each basin. A riser access pipe will allow detection measurements and sample collection.All construction has been
completed and tested in accordance with industry standard Construction Quality Assurance and Quality Control (CQA/QC) standards.
BAT Performance Monitoring - Best available technology monitoring will include minimum vertical freeboard.
Minimum Vertical Freeboard – a minimum of 2feet of vertical freeboard shall be maintained to ensure total containment.
Maximum Allowable Leakage Rate – the maximum allowable leakage rate (ALR) through the primary HDPE liner of the primary and evaporative containment basins is 356and 99 gallons per acre
per day, respectively. Any fluids collected in the sumps will be removed and placed in the containment basin when the maximum allowable head is reached.
Maximum Allowable Head – the maximum allowable head (MAH) in any of the sumps is three feet.
Spill Containment - The permittee shall design, maintain and construct all pipelines and pumping facilities with a spill containment system that shall prevent any spills or leakage from
any contact with the ground surface or ground water.Any spill that does come into contact with the ground water that causes pollution or has the potential to cause pollution to waters
of the state shall be reported in accordance with Part III.I.
Monitoring Well Construction – Monitoring wells are not a current permit compliance requirement. However, if monitoring wells are required in the future, DWQ must approve the location
of any future monitoring wells that may be installed near the containment basins.
PART IISPECIFIC CONDITIONS
Ground Water Classification
Ground water at the farm site is initially classified as Class IAPristine Ground Water based on multiple regional ground water flow and quality studies. This determination may be changed
when subsequent compliance monitoring determines the ground water quality at the containment basin site.
Background Ground Water Quality
Based on regional ground water quality data reportedin the application, total dissolved solids (TDS) concentrations in the Pahvant Valley vary greatly, ranging from 300 to 9,000milligrams
per liter (mg/l) depending on location.
Ground Water Protection Levels
Should monitoring wells be installed at the site, ground water protection levels will be established for the site utilizing the provisions outlined in UAC R317-6-4 and provided in Table
1.
Table 1: Interim Ground Water Protection Levels
Parameter
Protection Level (mg/l)
pH (units) (a)
6.5 - 8.5
Total Dissolved Solids
500
Chloride(c)
250
Ammonia as N(b)
7.5
Nitrate + Nitrite as N(b)
2.5
BicarbonateEquals Ground Water Quality StandardEquals 0.25 x Ground Water Quality Standard.EPA Secondary Drinking Water Standard is 250 mg/l
Best Available Technology (BAT) Standard
The administration of this permit is founded on the use of Best Available Technology (BAT), in accordance with the requirements of UAC R317-6-1.3. The construction permit (PART I) issued
with this discharge permit describes construction standards for the containment basins. Compliance with the requirements for use of BAT will be demonstrated by construction, operation
and maintenance of the containment basins according to the construction permit. Achievement of these performance standards will be demonstrated by:
Only swine wastes may be disposed of in the containment basin.
Potential ground water degradation will be minimized by compliance monitoring in the tile-drain collection and pump back system.This system operates to prevent any release of wastewater
from the containment basin thus minimizing discharge to ground water.
Permitted Facilities. The facilities and equipment authorized under this permit are listed in Table 2.
TABLE 2: Permitted Facility and Components
Facility
Discharge Control Technology
Latitude
Longitude
Containment basin
60-mil HDPE liner and tile-drain system
N 39º 2’ 3.36”
W 112º 27’ 0.65”
Monitoring Wells
-
variable a
variable aa = pending completion of drilling and construction
Compliance Monitoring Tile-Drain System - The Permittee will monitor the compliance monitoring tile-drain system at the downgradient sump locations for the containment basin. The sumps
will be monitored for fluid on a 2-day frequency during the initial period of basin filling lasting one month. After initial filling of the basin, the monitoring frequency will adjust
to weekly and remain at this frequency throughout the permit period.If the maximum available head (MAH) threshold of three feet is attained,the specific conductance of the liquid in
the sump and lagoon will be measured and recorded and the total sump volume will be calculated and all fluid manually pumped into the containment basin. The total volume pumped to containment
will be recorded and used to evaluate containment leakage. This value will be compared to the State-certified allowable leakage rate (ALR).
Land Application of Manure- Manure will be removed annually from the containment basin and used for land application and fertilization of nearby agricultural acreage. Manure application
and handling must be completed in accordance with the NRCS Manure Export Plan (DWQ-2024-003296).
Compliance Monitoring Wells –If necessary for future groundwater monitoring, the Permittee will monitor one upgradient and one downgradient compliance monitoring well at the containment
basin. Information on these wells will be provided in Table 2 as available.
Protection of Monitoring Wells - Ifcompliance monitoring wells are installed, all monitoring wells must be protected from damage due to surface vehicular traffic or contamination due
to surface spills, and shall be maintained in full operational condition for the life of this permit. Any compliance monitoring well that becomes damaged beyond repair or is rendered
unusable for any reason will be replaced by the Permittee within 90 days or as directed by the Director.
Protection of Containment Liners – The 60-mil HDPE flexible membrane liner will be regularly inspected for integrity. If any punctures, rips, tears, whales, excessive drainage and other
potential problems are identified, the lack of integrity will be located and repaired immediately.
Best Management Practices
The containment system is designed to provide full containment and prevent the unconfined aquifer underlying the site or other aquifers below the site from being impacted by facility
operations. Because any potential leakage from the containment system is expected to be captured by the tile-drain system and pumped back into the containment basins, no laboratory water
quality analysis is required. However, any laboratory water quality samples collected at the discretion of the permittee from the containment basins, the tile-drain systems, or potential
monitoring wells shall be provided to the Director.
Permittee shall ensure proper handling of plant wastewater, prompt cleanup of any releases, and an ongoing operation, inspection, and maintenance program for ancillary facilities associated
with this permit.
Compliance Monitoring RequirementsGeneral ProvisionsFuture Modification of the Monitoring Program - If at any time the Director determines the monitoring program to be inadequate, Permittee
shall submit within 30 days of receipt of written notice from the Director a modified monitoring plan that addresses the inadequacies noted by the Director.Compliance Monitoring Period
- Monitoring shall continue upon issuance of this permit and throughout the term of this permit. For facilities that are constructed during the term of this permit, monitoring shall
commence upon initiation of operation of the new facility.Laboratory Approval - All water quality analyses shall be performed by a laboratory certified by the State of Utah to perform
such analysis.Tile-Drain Water Level Measurement – Water level measurements shall be made in the tile-drain sump locations prior to removal of any water from the sump. These measurements
will be made from a surveyed permanent single reference point clearly marked on the top of the extraction location. Measurements will be made to the nearest 0.01 foot. Leak detection
sumps will initially be monitored every 2 days for the first month of filling the containment basins and then weekly for the presence of fluids. Tile-Drain Water Quality Sampling - If
fluids are detected during tile-drain monitoring and the fluid depth is above the MAH of three feet, the specific conductivity of the fluid in the sump will be measured and compared
with the specific conductivity of the containment basin. If the specific conductivity value in the sump is greater than 50 % of the containment basin, water quality samples will be collected
for laboratory analysis. The specific conductivity of 50 % of the containment basin will be regularly evaluated by the Permittee and the Division to determine if modifications are necessary
for appropriate future concentration limits.Tile-Drain Discharge Measurement –When the maximum allowable head (MAH) threshold of three feet is reached, the fluid volume will be calculated
and the fluid pumped to the containment basin. The accumulated volume returned is recorded and maintained.Monitoring Well Water Level Measurement–If future monitoring wells are used
at the facility, the following actions are required. In association with each sampling event, water level measurements shall be made in each monitoring well prior to removal of any water
from the well casing. These measurements will be made from a surveyed permanent single reference point clearly marked on the top of the well or surface casing. Measurements will be
made to the nearest 0.01 foot.Sampling Protocol - Water quality samples will be collected, handled and analyzed in conformance with the current approved version of the Sampling and Analysis
Plan. The results of monitoring shall be reported in accordance with the schedule in Part II Section H.Water Quality Analyses –In-situ field monitoring will be performed at each of
the tile-drain sumps when fluids are present on the frequency described previously. The following analysis shall be performed on all water samples collected from each tile-drain sump
or monitoring well:Field Measurements: pH, specific conductance, temperatureLaboratory Analysis:Ammonia as nitrogen, Bicarbonate,Chloride,Nitrate + Nitrite as nitrogenTotal Dissolved
Solids (TDS)Wastewater Analyses - The containment basin waste water shall be sampled annually. The following analyses shall be performed on a representative wastewater sample from
thecontainment basin:Field Measurements: pH, specific conductance, temperatureLaboratory Analysis:Total Kjeldahl Nitrogen (TKN)Ammonia as nitrogen, Bicarbonate,Chloride, Nitrate + Nitrite
as nitrogenTotal Dissolved Solids (TDS)Total sulfateSodiumPotassiumCalciumMagnesiumTotal phosphorus as PMonitoring Frequency- After installation, the tile-drain system water quality
will not be sampled. If necessary in the future, any new compliance monitoring wells that may be required by the Division of Water Quality will be sampled quarterly until a minimum of
eight (8) events have been completed to establish baseline ground water quality. Monitoring well sampling events will then change to a semi-annual compliance monitoring frequency. Sample
collection, handling, and analysis shall be conducted in accordance with the most recently revised and approved version of the Water Quality Sampling, Handling, and Analysis Plan.Analyses
for nitrogen species shall be conducted at the same laboratory. Results of the containment basin wastewater performance monitoring accompanied by any supporting raw data shall be submitted
to the Division of Water Quality with the next Water Quality Monitoring Report. Certified Laboratory - All laboratory analyses shall be performed by a laboratory certified by the State
of Utah in accordance with UAC R317-6-6.3.L.Damage to Monitoring Locations - If the tile-drain system is damaged or otherwise rendered inadequate for its intended purpose, the Director
shall be notified in writing within five days of the Permittee becoming aware of the condition. If a monitoring well is damaged, is otherwiserendered inadequate for its intended purpose,
or if a previous hydraulic gradient between two monitor wells is reversed, the Director shall be notified in writing within five days of the Permittee becoming aware of the condition.BAT
Performance Monitoring Program - The permittee shall conduct a containment basinand tile-drain inspection and maintenance program on a weekly interval after the first month of basin
filling at a 2 day interval. Documentation of compliance with this program shall be maintained on site for review by representatives of the Division.
Non-Compliance StatusProbable Out-of-Compliance Status - The permittee shall evaluate results of each water quality sampling event to determine any exceedence of the Ground Water Quality
standards in UAC R317-6-2. Upon determination that a Ground Water Protection Level has been exceeded, the permittee shall:Immediately re-sample the monitoring location found to be in
probable out-of-compliance status for laboratory analysis of the exceeded protection level parameter(s). Submit the analytical results thereof, and notify the Director of the probable
out-of-compliance status within 30 days of the initial detection.Upon exceedence of any one parameter listed in Table 1 for two consecutive sampling events, immediately implement an
accelerated schedule of monthly sampling analysis, consistent with the requirements of this permit. This monthly sampling will continue for at least two months or until the compliance
status can be determined by the Director. Reports of the results of this sampling will be submitted to the Director as soon as they are available, but not later than 30 days from each
date of sampling.If results of leak detection sampling event exceed the allowable leakage rate, increase the leak detection monitoring frequency to an appropriate level.Out-of-Compliance
Status Based on Confirmed Exceedance of Permit Ground Water Protection LevelsOut of Compliance Status shall be defined as follows:For parameters that have been defined as detectable
in the background and for which protection levels have been established, out-of-compliance shall be defined as two consecutive samples exceeding the protection level and the mean background
concentration by two standard deviations.Exceeding the allowable leakage rate for consecutive period of 30 days.Notification and Accelerated Monitoring - upon determination by the permittee
or the Director, in accordance with UAC R317-6-6.17, that an out-of-compliance status exists, the permittee shall:
Verbally notify the Director of the out-of-compliance status or acknowledge Director that such a status exists within 24 hours of receipt of data, and;
Provide written notice within 5 days of the determination, and;
Continue an accelerated schedule of at leastweeklywater quality monitoring from the affected tile-drain system or monitoring well for at least two months and continue weeklymonitoring
until the facility is brought into compliance as determined by the Director.
Source and Contamination Assessment Study Plan - within 30 days after the written notice to the Director required in Part II.G. 2.b.ii above, the permittee shall submit an assessment
study plan and compliance schedule for:
Assessment of the source or cause of the contamination, and determination of steps necessary to correct the source.
Assessment of the extent of the ground water contamination and any potential dispersion.
Evaluation of potential remedial actions to restore and maintain ground water quality, and ensure that the ground water standards will not be exceeded at the compliance monitoring locations.Out-of-Compliance
Status Based Upon Failure To Maintain Best Available Technology - In the event that BAT monitoring indicates a violation of any of the technology or performance management standards
outlined in Part II .D and E of this permit, the permittee shall submit to the Director a notification and description of the violation in accordance with Part II.G of this permit.
H.Reporting Requirements
1. Water Level Monitoring - monitoring required in Part II.F above shall be reported according to the schedule in Table 3 below, unless modified by the Director:Table 3: Compliance
Monitoring Report ScheduleMonitoring PeriodReport Due DateJanuary through JuneAugust 1July thru DecemberFebruary 12.Leak Detection Sump Monitoring - reporting will include:presence or
absence of fluids in sumpsthe volume of the fluid in the sumpsthe depth of the fluid in the sumpsthe results of in-situ field measurements and any water quality sampling analysis
the disposition of fluids collected from the sumpsthe calculation of the leakage rate based on the volume collected.3.Water Quality Sampling - reporting will include:Field Data Sheets
- or copies thereof, including the field measurements and other pertinent field data, such as: sampling location name/number, date and time, names of sampling crew, type of sampling:
pump or grab, volume of water purged before sampling.Tile-Drain Volume – volume of fluid pumped from each tile-drain system, dates and times, observations, and frequency. A detailed
record of the total volume should be provided.Water Level Measurements - water level measurements from tile-drain sumps or ground water monitoring wells will be reported as measured
depth to water level from the surveyed casing measuring point, and water level elevations as converted by casing measuring point elevations.Laboratory Analytical Results - including
date sampled, date received; and the results of analysis for each parameter, including: value or concentration, units of measurement, reporting limit (minimum detection limit for the
examination), analytical method, and the date of the analysis.4.Delivery Requirements - the permittee shall submit required deliverables via the Water Quality Electronic Document Submission
Portal at:https://deq.utah.gov/ProgramsServices/services/submissions/In addition, all water level, water volume, and water quality data will digitally be provided in the tabular format
requested by the Director and using standard, readily available software, typically Microsoft Excel. If requested by the Director, hard copies shall also be submitted via postal service.5.Monitoring
Well As-Built Report - If compliance monitoring wells are required and installed; the permittee shall submit diagrams and descriptions of the final completion of each newly constructed
monitoring well. The report will be submitted in the next water quality sampling report after the well is completed. The report shall include:
a.Casing: depth, diameter, and type of material.
b.Screen: length, depth interval, diameter, material type, slot size.
c.Sand Pack: depth interval, material type and grain size.
d.Annular Seals: depth interval, material type.
e.Surface Casing and Cap: depth, diameter, material type, protection measures constructed.
f.Elevation and Location: ground surface elevation, elevation of water level measuring point, latitude and longitude in hours, minutes and seconds.
g.Well construction description, well completion description, results of well pump tests or slug tests.
Compliance SchedulePermit Compliance Schedule Item-Final Closure Plan. In the event that the permittee decides to discontinue its operations at the facility the permittee shall notify
the Director of such a decision and submit a Final Closure Plan. The Final Closure Plan shall be submitted no later than 180 days prior to the closure of the facility. The permittee
shall resubmit Final Closure Plans within 60 days of receipt of written notice of deficiencies therein. Any material changes made to this plan shall require final approval of the Director.
PART IIIMONITORING, RECORDING AND REPORTING REQUIREMENTS
A.Representative Sampling
Samples taken in compliance with the monitoring requirements established under Part II shall be representative of the monitored activity.
B.Analytical Procedures
Water sample analysis must be conducted according to test procedures specified under UAC R317-6-6.3.L, unless other test procedures have been specified in this permit.
C.Penalties for Tampering
The Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than six months per violation, or by both.
D.Reporting of Monitoring Results
Monitoring results obtained during each reporting period specified in the permit shall be submitted to the Director, Utah Division of Water Quality, no later than the 15th day of the
month following the completed reporting period. Unless hard copies are specifically requested by the Director, electronic documents may be submittedvia DWQ’s electronic portal at:
http://deq.utah.gov/ProgramsServices/services/submissions/
When required, hard copies should be sent to the following address:
State of Utah
Division of Water Quality
P.O. Box 144870
Salt Lake City, Utah 84114-4870
Attention: Ground Water Protection Section
E.Compliance Schedules
Reports of compliance or noncompliance with, or any progress reports on interim and final requirements contained in any Compliance Schedule of this permit shall be submitted no later
than 14 days following each schedule date.
F.Additional Monitoring by the Permittee
If the permittee monitors any pollutant more frequently than required by this permit, using approved test procedures as specified in this permit, the results of this monitoring shall
be included in the calculation and reporting of the data submitted. Such increased frequency shall also be indicated.
G.Records Contents
Records of monitoring information shall include:1.The date, exact place, and time of sampling or measurements:2.The individual(s) who performed the sampling or measurements;3.The date(s)
and time(s) analyses were performed;4.The individual(s) who performed the analyses;5.The analytical techniques or methods used; and,6.The results of such analyses.
H.Retention of Records
The permittee shall retain records of all monitoring information, including all calibration and maintenance records and copies of all reports required by this permit, and records of
all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended
by request of the Director at any time.
I.Twenty-four Hour Notice of Noncompliance Reporting1.The permittee shall verbally report any noncompliance which may endanger public health or the environment as soon as possible, but
no later than 24 hours from the time the permittee first became aware of the circumstances. The report shall be made to boththe Utah Department of Environmental Quality 24-hour hotline,
(801) 536-4123and to the Division of Water Quality, Ground Water Protection Section at (801) 536-4300.2.A written submission shall also be provided to the Director within five days of
the time that the permittee becomes aware of the circumstances. The written submission shall contain:a.A description of the noncompliance and its cause;b.The period of noncompliance,
including exact dates and times;c.The estimated time noncompliance is expected to continue if it has not been corrected; and,d.Steps taken or planned to reduce, eliminate, and prevent
reoccurrence of the noncompliance.3.Reports shall be submitted to the addresses in Part III.D, Reporting of Monitoring Results.
J.Other Noncompliance Reporting
Instances of noncompliance not required to be reported within 24 hours, shall be reported at the time that monitoring reports for Part II.H are submitted.
K.Inspection and Entry
The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:1.Enter upon the permittee's
premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit;2.Have access to and copy, at reasonable times,
any records that must be kept under the conditions of this permit;3.Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or
operations regulated or required under this permit; and,
4.Sample or monitor at reasonable times, for the purpose of assuring permit compliance or as otherwise authorized by the Act, any substances or parameters at anylocation.
PART IVCOMPLIANCE RESPONSIBILITIES
A.Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Act and is grounds for enforcement action; for permit termination,
revocation and reissuance, or modification; or for denial of a permit renewal application. The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
B.Penalties for Violations of Permit Conditions
The Act provides that any person who violates a permit condition implementing provisions of the Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Any
person who willfully or negligently violates permit conditions is subject to a fine not exceeding $25,000 per day of violation. Any person convicted under Section 19-5-115(2) of the
Act a second time shall be punished by a fine not exceeding $50,000 per day. Nothing in this permit shall be construed to relieve the permittee of the civil or criminal penalties for
noncompliance.
C.Need to Halt or Reduce Activity not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the
conditions of this permit.
D.Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or
the environment.
E.Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee
to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions
of the permit.
PART VGENERAL REQUIREMENTS
A.Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required when the alteration
or addition could significantly change the nature of the facility or increase the quantity of pollutants discharged.
B.Anticipated Noncompliance
The permittee shall give advance notice of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.
C.Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination,
or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
D.Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a permit renewal or extension.
The application should be submitted at least 180 days before the expiration date of this permit.
E.Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing,
or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this
permit.
F.Other Information
When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or any report to the
Director, it shall promptly submit such facts or information.
G.Signatory Requirements
All applications, reports or information submitted to the Director shall be signed and certified.1.All permit applications shall be signed as follows:a.For a corporation: by a responsible
corporate officer;b.For a partnership or sole proprietorship: by a general partner or the proprietor, respectively.c.For a municipality, State, Federal, or other public agency: by
either a principal executive officer or ranking elected official.2.All reports required by the permit and other information requested by the Director shall be signed by a person described
above or by a duly authorized representative of that person. A person is a duly authorized representative only if:a.The authorization is made in writing by a person described above
and submitted to the Director, and,b.The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity,
such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.)3.Changes to Authorization.
If an authorization under Part V.G.2 is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of Part V.G.2 must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative.4.Certification.
Any person signing a document under this section shall make the following certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
H.Penalties for Falsification of Reports
The Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under
this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction be punished by a fine of not more than $10,000 per violation, or by imprisonment
for not more than six months per violation, or by both.
I.Availability of Reports
Except for data determined to be confidential by the permittee, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices
of the Director. As required by the Act, permit applications, permits, effluent data, and ground water quality data shall not be considered confidential.
J.Property Rights
The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal
rights, nor any infringement of federal, state or local laws or regulations.
K.Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application
of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
L.Transfers
This permit may be automatically transferred to a new permittee if:1.The current permittee notifies the Director at least 30 days in advance of the proposed transfer date;2.The notice
includes a written agreement between the existing and new permittee containing a specific date for transfer of permit responsibility, coverage, and liability between them; and,3.The
Director does not notify the existing permittee and the proposed new permittee of his or her intent to modify, or revoke and reissue the permit. If this notice is not received, the
transfer is effective on the date specified in the agreement mentioned in paragraph 2 above.
M.State LawsNothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, penalties established
pursuant to any applicable state law or regulation under authority preserved by Section 19-5-117 of the Act.
N.Reopener Provision
This permit may be reopened and modified (following proper administrative procedures) to include the appropriate limitations and compliance schedule, if necessary, if one or more of
the following events occurs:1.If new ground water standards are adopted by the Board, the permit may be reopened and modified to extend the terms of the permit or to include pollutants
covered by new standards. The permittee may apply for a variance under the conditions outlined in R317-6-6.4.D.2.If alternative compliance mechanisms are required.
APPENDIX A
CONSTRUCTION PERMIT
PLANS AND SPECIFICATIONS
James W. Webb
Environmental, Safety and Public Affairs Manager
Smithfield Hog
ChristensenFinisher Farm Site
P.O. Box 100
Milford, UT 84751
Dear Mr. Webb:
Subject:Construction Permit for Christensen Finisher Farm Site
On January 22, 2018 the Division of Water Quality (DWQ) received submission of the Utah Groundwater Discharge Report and Permit Application for the Christensen Finisher Farm Site. This
submission included the engineering plans and specifications for the Construction Permit. This submission was prepared by GEM Engineering, Inc. and signed by Joel A. Myers, P.E.
The review of the engineering plans and specifications is complete however the constructions drawings were very difficult to read. Therefore, it was requested that the drawings be submitted
so that they could be printed on 11x14 paper which would make them much more legible. Those drawings were received on February 8, 2018. The following is a summary of the proposed major
construction projects:
Construction of 4 Barns. Each Barn will contain two buildings and each building will contain 1100 Hogs. Therefore, each Barn will contain 2200 Hogs for a total of 8800 Hogs.
Construction of a 3.7 million waste containment basin located in the center of the 4 Barns.
The waste water in the basin will then be land applied to the fields that are part of Christensen Farm. The plans and specifications, as submitted, comply with the Utah Water Quality
Rules, (R317, Utah Administrative Code). A Construction Permit is hereby issued as constituted by this letter, subject to the following conditions:
Any revisions or modifications to the approved plans and specifications must be submitted to DWQ for review and approval, before construction or implementation thereof. Please submit
any changes for review and approval directly to Woodrow Campbell, P.E., of the DWQ Ground Water Protection Section.
A written operations and maintenance manual, containing a description of the functioning of the facilities, an outline of routine maintenance procedures, and all checklists and maintenance
logs needed for proper operation of the system, must be submitted and approved before the final inspection and operation of the system.
The approved facilities must not be placed in service unless DWQ has conducted a final inspection, reviewed and approved the As-Built Construction Certification Report, and provided
written authorization to place the constructed facilities in service.
Construction activities that disturb one acre or more are required to obtain coverage under the Utah Pollutant Discharge Elimination System (UPDES) Storm Water General Permit for Construction
Activities. The permit requires the development of a storm water pollution prevention plan (SWPPP) to be implemented and updated from the commencement of any soil disturbing activities
at the site until final stabilization of the project. For more information, or to obtain permit coverage on-line, please go to: http://www. waterquality. utah.gov/UPDES/stormwater. Htm
The plans and specifications for this project have been stamped and signed by a Professional Engineer currently licensed to practice in the state of Utah. The construction design, inspection
supervision, and written construction certification of all work associated with this Construction Permit must be performed by a Professional Engineer licensed to practice in the state
of Utah.
This Construction Permit will expire one year from the date of its issuance, as evidenced by the date of this letter, unless substantial progress is made in constructing the approved
facilities or the plans and specifications have been resubmitted and the construction permit is reissued. This permit does not relieve you, in any way, of your obligations to comply
with other applicable local requirements. You may contact: Central Utah Public Health Department at (435-896-5451) or John Chartier,Central Utah District Engineer, at (435-896-5451
ext. 314) for further assistance regarding local matters.
Because of the inherent hazard potential at lagoons and ponds, warning signs should be posted at these facilities to state the dangers of drowning and asphyxiation. Safety ropes (or
equivalent) running down the pond side slopes, and fastened to posts at the top of the dikes should be available to allow anyone trapped in the ponds to escape.
Please contact Mr. Campbell at the beginning of construction to allow periodic inspections to be scheduled.
Upon completion of the project, a final inspection and approval of the As-Built Construction Certification Report is required before the approval to operate the completed facilities
can be issued. Please remain in contact with Mr. Campbell to schedule the final inspection. The Construction Certification Report with final as-built drawings must include test results
for the following construction quality assurance and quality control (CQA/QC) elements:
Soil Subgrade
Proctor Curves,
Soil Classification,
Field Compaction Testing, and
Subgrade Acceptance Certification.
ConcreteConcrete Mix Verification,Concrete ASTM Testing Method, Frequency, and Results,Concrete Testing Pass/Fail Criteria, andCrack Inspection and Repair.
Flexible Membrane Liner
Panel Placement Log,
Trial Seam Test Log,
Seaming Record,
Seam Test Record,
Repair Log,
As-Built Drawing,
Manufactures Certification including QA/QC Testing of the Rolls, and
Professional Engineer Certification.
If we can be of further assistance, please contact Mr. Woodrow Campbell at wwcampbell@utah.gov or (801) 536-4353.
Sincerely,
Erica Brown Gaddis, PhD
DirectorAttachmentEBG/WWC/DJH/CLS:cc:Central Utah Public Health Department (via email w/o attachment)John ChartierCentral Utah District Engineer (via email w/o attachment)Joel Myers,
Gem Engineering, Inc., (via email w/o attachment joel@gemengineeringinc.com)