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OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY

INDUSTRIAL WASTEWATER TREATMENT/DISPOSAL PERMIT



PERMIT NUMBER: WD-09-004

ID NUMBER: I-48000020



In compliance with Title 27A O.S. Supp. §2-6-201 et seq. (the OPDES Act), as amended, the Rules of the Department of

Environmental Quality promulgated thereunder, and in reliance on the certified statements and representations heretofore

made in its application,



Tyson Foods, Inc.

P.O. Box 220

Broken Bow, OK 74728



is authorized to land apply a sludge onto ten (10) land application sites as described in the Appendix. The facility is

located at:



SE¼ of Section 11, Township 7S, Range 24EIM, McCurtain County, Oklahoma,

or 5 miles south of Broken Bow via Highway 70



The sludge comprises a waste activated sludge obtained from the clean closure of surface impoundment F04 only.



Discharge of sludge to waters of the State or onto the land in any manner that may result in runoff to waters of the State is

specifically prohibited.



Issuance of this permit in no way or in any respect affects the permittee's civil or criminal responsibility regarding

disposal and/or discharges of wastewater, except with respect to the permittee's legal responsibility under the OPDES Act

and Department Rules.



This is a new permit.



This permit shall become effective on , 2010.



This permit and the authorization to operate the disposal system shall expire at midnight, on , 2015.



Issued this day of , 2010.



_______________________________________

Carol Paden, P.E., Engineering Manager

Industrial Permits Section

Water Quality Division

Permit No. WD-09-004 Page 1

ID No. I-48000020 Part I



PART I



A. TREATMENT LIMITATIONS AND MONITORING REQUIREMENTS



1. Sludge Limitations



Beginning the effective date and lasting through the expiration date, the permittee is authorized to land apply

sludge onto ten (10) land application sites as described in the Appendix. The sludge comprises a waste

activated sludge obtained from the clean closure of surface impoundment F04.



Such land application shall be limited and monitored by the permittee as shown in the following table.



Sludge Loading Limitations



Maximum Application, Maximum Application Rate,

Land Application Site

gallons per year1 gallons per acre per daily application



L01 91,693.33 27, 000

L03 184,000.00 27,000

L06 480,533.33 27,000

L07 325,040.00 27,000

L08 373,333.33 27,000

L09 128,800.00 27,000

L10 39,013.33 27,000

L11 70,746.67 27,000

L13 330,000.00 27,000

L14 43,680.00 27,000

1

Total solids not to exceed 1.8%.



b. Land Availability



Land availability based on best management practices is shown in the following table.



Land Availability for Sludge Land Application



Timing of Sludge Application

Land Application Site Crop

Beginning Month Ending Month

L01 Bermuda Pasture January December

L03 Bermuda Hay January December

L06 Bermuda Hay January December

L07 Fescue Hay January December

L08 Bermuda Hay January December

L08 Corn January May

L09 Bermuda Pasture January December

L10 Bermuda Pasture January December

L11 Corn January May

L13 Bermuda Pasture January December

L14 Bermuda Pasture January December

Permit No. WD-09-004 Page 2

ID No. I-48000020 Part I



2. Monitoring Requirements and Sample Types



a. Sludge



Not applicable.



b. Land Application Sites



Land application sites L01, L03, L06 through L11, L13, and L14 shall be monitored in

accordance with the requirements shown in the following table.



Land Application Site Monitoring Requirements



Annual Monitoring Requirements

Parameters

Annual Totals Frequency Sample Type

Total Volume Applied Report 1/Year Estimate

Total Number of Days Applied

Report 1/Year Measure

(days)

Total Number of Acres Used

Report 1/Year Measure

(acres)

Volume (gal/acre/yr) Report 1/Year Volume

Type of Crop Planted Report 1/Year Report

Total Precipitation (in/year) Report 1/Year Measure

1

The permittee shall keep a written record of the dates on which sludge was applied, the number of acres used for each application,

and the type of crop that the sludge was applied to.

2

The permittee shall keep a written record of the amount of precipitation that occurs monthly at the facility. Precipitation can be

monitored at the facility or obtained from local sources.



c. Soil Testing



During the period beginning on the effective date and lasting through the expiration date, the permittee

shall monitor land application sites, L01, L03, L06 through L11, L13, and L14, in accordance with the

requirements shown in the table on the following page.

Permit No. WD-09-004 Page 3

ID No. I-4800002 Part I



Soil Monitoring Requirements and Sample Types



Parameters Measurement Frequency Sample Type

Cation Exchange Capacity 1/year6 Composite1, 2, 3, 4, 5

Sodium Adsorption Ratio 1/year6 Composite1, 2, 3, 4, 5

6

Electrical Conductivity 1/year Composite1, 2, 3, 4, 5

6

Exchangeable Sodium Percentage 1/year

Composite1, 2, 3, 4, 5

(ESP)

Nitrate-nitrogen 1/year6 Composite1, 2, 3, 4, 5

6

Total Soluble Salts 1/year Composite1, 2, 3, 4, 5

Phosphorus Soil Test Index 1/year6 Composite1, 2, 3, 4, 5

6

Total Phosphorus 1/year Composite1, 2, 3, 4, 5

6

Total Potassium 1/year Composite1, 2, 3, 4, 5

6

Soil pH 1/year Composite1, 2, 3, 4, 5

Arsenic 1/5 years Composite1, 2, 3, 4, 5

Cadmium 1/5 years Composite1, 2, 3, 4, 5

Chromium 1/5 years Composite1, 2, 3, 4, 5

Copper 1/5 years Composite1, 2, 3, 4, 5

Lead 1/5 years Composite1, 2, 3, 4, 5

Mercury 1/5 years Composite1, 2, 3, 4, 5

Molybdenum 1/5 years Composite1, 2, 3, 4, 5

Nickel 1/5 years Composite1, 2, 3, 4, 5

Selenium 1/5 years Composite1, 2, 3, 4, 5

Zinc 1/5 years Composite1, 2, 3, 4, 5

1

Surface soil composite sample for each application site shall be obtained by combining a minimum of 15 to 20 core soil samples

taken randomly at a depth of 0 inches to 6 inches. The core samples shall be collected and mixed thoroughly in a clean plastic

container.

2

Fields used for production of cultivated crops may be sampled any time after harvest or before planting.

3

Noncultivated fields should be sampled during the dormant season.

4

Do not sample either cultivated or noncultivated fields immediately after lime, fertilizer, or manure application.

5

If a soil test laboratory other than Oklahoma State University (OSU) is used, the lab shall use the same phosphorus and potassium

extractant (Mehlich-3) as used by the OSU lab. The soil testing laboratory shall be a member of the North American Proficiency

Testing Program.

6

When land applying.



Monitoring Point L01: Samples taken or data recorded in compliance with the monitoring requirements listed

above shall be taken at land application site L01, located in the SW¼ of Section 35, Township 7S, Range 24EIM,

McCurtain County, Oklahoma.



Monitoring Point L03: Samples taken or data recorded in compliance with the monitoring requirements listed

above shall be taken at land application site L03, located in the SE¼ of Section 31, Township 7S, Range 25EIM,

McCurtain County, Oklahoma



Monitoring Point L06: Samples taken or data recorded in compliance with the monitoring requirements listed

above shall be taken at land application site L06, located in the SE¼ and NE¼ of Section 36, Township 7S,

Range 24EIM, McCurtain County, Oklahoma.



Monitoring Point L07: Samples taken or data recorded in compliance with the monitoring requirements listed

above shall be taken at land application site L07, located in the SE¼ and SW¼ of Section 31, Township 8S,

Range 24EIM, McCurtain County, Oklahoma.



Monitoring Point L08: Samples taken or data recorded in compliance with the monitoring requirements listed

above shall be taken at land application site L08, located in the NE¼ of Section 31, Township 8S, Range 24EIM,

McCurtain County, Oklahoma.

Permit No. WD-09-004 Page 3

ID No. I-4800002 Part I

Permit No. WD-09-004 Page 4

ID No. I-4800002 Part I



Monitoring Point L09: Samples taken or data recorded in compliance with the monitoring requirements listed

above shall be taken at land application site L09, located in the NW¼ of Section 8, Township 9S, Range 24EIM,

McCurtain County, Oklahoma.



Monitoring Point L10: Samples taken or data recorded in compliance with the monitoring requirements listed

above shall be taken at land application site L10, located in the SE¼ and SW¼ of Section 17, Township 9S,

Range 24EIM, McCurtain County, Oklahoma.



Monitoring Point L11: Samples taken or data recorded in compliance with the monitoring requirements listed

above shall be taken at land application site L11, located in the NW¼ of Section 21, Township 9S, Range

24EIM, McCurtain County, Oklahoma.



Monitoring Point L13: Samples taken or data recorded in compliance with the monitoring requirements listed

above shall be taken at land application site L13, located in the SE¼ of Section 30, Township 8S, Range 24EIM,

McCurtain County, Oklahoma .



Monitoring Point L14: Samples taken or data recorded in compliance with the monitoring requirements listed

above shall be taken at land application site L14, located in the SW¼ of Section 35, Township 7S, Range 24EIM,

McCurtain County, Oklahoma.



A hard-bound log book(s) shall be kept for each land application site. The log book(s) shall have an

entry for each land application event. For land application sites L01, L03, L06 through L11, L13, and

L14, there shall be an entry for the date of the event, method of spreading, operator name, volume

spread, the area in square feet over which the volume was spread over.



The log books shall be kept for a period of five (5) years. The log books shall be made available to DEQ

personnel upon request. If the request is made during an inspection by DEQ personnel the log books

shall be made available to the inspector within one hour of the request.



The facility shall also keep a record, for each land application site, of any additional fertilizer that is

applied. Applied fertilizer shall include starter fertilizer, commercial fertilizer as well as lime and soil

amendments.

Permit No. WD-09-004 Page 5

ID No. I-4800002 Part I



B. SCHEDULE OF COMPLIANCE



The permittee shall achieve compliance with the liming and site security requirements shown below.



Reports of compliance or noncompliance with, or any progress reports on, interim or final requirements

obtained in any compliance schedule of this permit shall be submitted no later than fourteen (14) days

following each schedule date. Any reports of noncompliance shall include the cause of noncompliance,

any remedial actions taken, and the probability of meeting the next scheduled requirements.



1. Lime shall be added to land application sites L01 and L03 to raise the soil pH to 6.5 s.u. or higher

prior to land application. Lime shall be mechanically mixed with the soil or incorporated with a disc.



2. The permittee shall post signs at all land applications sites to protect the public from potential

health and safety hazards at the land application sites.



The signs shall read “NOTICE: WASTE ACTIVATED SLUDGE HAS BEEN APPLIED TO

THIS SITE.” Such signs shall include the name of the permittee and the permittee’s telephone

number. Such sign(s) shall be posted within twenty-five feet of an obvious access point(s) and shall

be unobstructed from view. Any authorized site with road frontage shall have at least one sign facing

the road, within twenty-five feet of the road when possible, and shall be unobstructed from view.

The text shall be in black capital letters on a white background and the letters shall be one inch in

height.



Signs shall be posted in accordance with the following criteria:



At sites with a low potential for public exposure, signs shall be in place from the time land

application begins to a minimum of thirty days after the termination of land application activity at

the site.



At sites with a high potential for public exposure, signs shall be in place from the time land

application begins to a minimum of one year after the termination of land application activity at the

site.



C. REPORTING OF MONITORING RESULTS



Monitoring results shall be reported in accordance with the provisions of Part III.B.4 of the permit.

Monitoring results obtained during the previous quarter shall be summarized and reported on the

Self-Monitoring Report (SMR) forms received no later than the last working day of the following

month after the end of the reporting period as described above. Monitoring results obtained during

the previous year shall be summarized and reported on the Self-Monitoring Report (SMR) forms

received no later than the last working day of the following month after the end of the reporting

period as described above. If no land application occurs during the reporting period, SMR forms

stating “No Land Application” shall be submitted according to the above schedule.



The first quarterly report is due on .



The first annual report is due on .

Permit No.: WD-09-004 Page 1

ID No.: I-48000020 Part II



PART II

OTHER PERMIT REQUIREMENTS



A. The permittee is hereby given notice that this permit is in all respects subject to compliance with and

actions under any and all applicable and relevant terms, conditions, provisions and requirements and

any and all amendments of the laws of the State of Oklahoma, the Department of Environmental

Quality’s rules, and Oklahoma’s Water Quality Standards. The absence of any express reference

within this permit of any particular statutory requirement, rule(s), regulations(s), or standard(s) shall

in no respect be deemed or construed to exempt or preclude the application of such requirement,

rule(s), regulation(s), or standard(s) to this permit or the permittee.



The permit may be reopened to implement and/or require impoundment modifications, additions,

extensions, and/or operational changes; monitoring and reporting; reclassification of wastes; sludge

management plans; best management practices; closure plans; and/or other appropriate actions.



B. LAND APPLICATION REQUIREMENTS



1. Land application shall be for the purpose of beneficial use and shall be done at the locations

shown in the Appendix.



2. The permittee shall not cause or contribute to the taking of life or the destruction or adverse

modification of the known critical habitat of any endangered or threatened species of plant, fish,

or wildlife.



3. Sludge shall be incorporated daily.



The pasture aerator method of incorporation must include the following steps:

 The aerator must be used to aerate the site immediately prior to application (same working

day).

 Incorporate the sludge by using a chain drag or harrow. A drag or harrow must be used to

enhance incorporation by the end of the working day.

 Weather Conditions: No application is allowed if the ground is frozen, dry enough to

preclude penetration by the aerator or saturated soil conditions.

 Hydraulic Application Rate: Not to exceed 27,000 gallons per acre per daily application.

 Application equipment: Trailers or trucks should be equipped with a splashguard to provide

uniform application. Equipment should be equipped with an automatic valve so that the

driver is able to turn the application on or off without leaving the vehicle. This to prevent

uneven application.



4. Sludge shall be uniformly applied to all land application sites.



5. The hydraulic loading at land application sites L01, L03, L06 through L11, L13, and L14 shall be

maintained to prevent surface runoff of applied sludge to waters of the state and to prevent

persistent flooding (persistent flooding is defined as soil which remains saturated for more than

24 hours).

Permit No.: WD-09-004 Page 2

ID No.: I-48000020 Part II



6. The land application of sludge at sites L01, L03, L06 through L11, L13, and L14 shall not occur

during periods of precipitation, when the soil is frozen, or while the soil is saturate. The

sludge may be stored in surface impoundment F04 until the soil is capable of receiving

sludge without persistent flooding or surface runoff.



7. Where runoff of sludge from the application site is evident, the operator shall cease further

sludge application until the condition is corrected.



8. The land application sites shall be managed to prevent site conditions that have the potential to

impact aesthetics, including but not limited to odors, waste piles, and sludges.



9. Equipment shall be maintained and operated to prevent spillage and leakage.



10. Report any spill to the DEQ immediately.



11. Land application shall not occur in designated wellhead delineation areas of private or public

water supplies.



12. Land application shall not occur within one-half mile of an outstanding resource water or its

tributaries or a high quality water as identified in Appendix A of the Oklahoma Water Quality

Standards.



13. Land application shall not occur within one-quarter mile of a water listed in Appendix B of the

Oklahoma Water Quality Standards.



14. Land application shall not occur within 250 feet of a well used for potable water supply or

within 100 feet of any surface water of the state.



15. Public access to land with a high potential for public exposure shall be restricted for one year

after application of sludge.



16. Public access to land with a low potential for public exposure shall be restricted for 30 days

after application of sludge.



17. Food crops, feed crops, and fiber crops shall not be harvested for 30 days after application of

sludge.



18. Food crops with harvested parts that touch the sludge/soil mixture and are totally above the land

surface shall not be harvested for 14 months after application of the sludge.



19. Animals shall not be grazed on the land for 30 days after application of sludge.



20. Turf grown on land where sludge is applied shall not be harvested for one year after application of

the sludge when the harvested turf is placed on either land with a high potential for public

exposure or a lawn, unless otherwise specified by the permitting authority.



21. The permittee shall be responsible for assuring that the land owner, and the sludge applicator (if

different from the permittee) abide by the conditions of this permit.

Permit No. WD-09-004 Page 3

ID No. I-4800002 Part II



22. In all other respects, land application shall be accomplished in accordance with OAC 252:616

(Subchapter 11) as amended.

Permit No. WD-09-004 Page 1

ID No. I-4800002 Appendix



APPENDIX A



Description of Land Treatment Sites



Site Designation Legal Description Available Acres Owner

SW¼ of Section 35, Township 7S, Range John Ginn, Route 1 Box 62,

L01 52.9

24EIM, McCurtain County, Oklahoma Idabel OK 74745

SE¼ of Section 31, Township 7S, Range 25EIM, Russ Rollings, P.O. Box 3165,

L03 34.5

McCurtain County, Oklahoma Idabel OK 74745

SE¼ and NE¼ of Section 36, Township 7S, Harold MacBrayer, Route 1 Box

L06 90.1

Range 24EIM, McCurtain County, Oklahoma 243, Idabel OK 74745

SE¼ and SW¼ of Section 31, Township 8S, Brent Bolen, Route 2 Box 326,

L07 143.4

Range 24EIM, McCurtain County, Oklahoma Idabel OK 74745

NE¼ of Section 31, Township 8S, Range 24EIM, Brent Bolen, Route 2 Box 326,

L08 70

McCurtain County, Oklahoma Idabel OK 74745

NW¼ of Section 8, Township 9S, Range 24EIM, Brent Bolen, Route 2 Box 326,

L09 14

McCurtain County, Oklahoma Idabel OK 74745

SE¼ and SW¼ of Section 17, Township 9S, Dawn Allen Pearson, Route 2

L10 20.9

Range 24EIM, McCurtain County, Oklahoma Box 478, Idabel OK 74745

NW¼ of Section 21, Township 9S, Range Dawn Allen Pearson, Route 2

L11 37.9

24EIM, McCurtain County, Oklahoma Box 478, Idabel OK 74745

SE¼ of Section 30, Township 8S, Range 24EIM, Brent Bolen, Route 2 Box 326,

L13 37.5

McCurtain County, Oklahoma Idabel OK 74745

SW¼ of Section 35, Township 7S, Range John Ginn, Route 1 Box 62,

L14 25.2

24EIM, McCurtain County, Oklahoma Idabel OK 74745



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