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HomeMy Public PortalAboutBox 512 - DEQ letter 10-8-98STATE OF IDAHO DIVISION OF ENVIRONMENTAL QUALITY 1445 North Orchard, Boise, ID 83706-2239, (208) 373-0550 Philip E BaMI, Governor October 8, 1998 CERTIFIED N1A1L #P 241 839 212 Brian Olson, City Manager City of McCall PO Box 986 McCall, I❑ 83638 Re: Revised §4t)1 Water Quality Certification for City of McCall NPDES Permit #1D-002023-1 Dear Mr. Olson: This letter sets forth the Idaho Department of Health and Welfare, Division of Environmental Quality (DEQ) revisal water quality certification for the above referenced permit pursuant to the provisions of §401 of the Federal Water Pollution Control Act (Act), as amended. This letter vacates and provides a certification that supersedes DRY certification dated April 12, 1996. DEQ's certification conditions are set forth in Part III of this letter. Compliance with those conditions will ensure compliance with the applicable requirements of §3()1 , 302, 303. 306 and 307 of the Act and IDAPA 16.01.02 Idaho Water Duality Standards and Wastewa Treatment Remuirements (Water Quality Standards), and the Consent Order (Order) entered into by the DEQ and the City of McCall, dated July 27, 1998. I. PROCEDURAL BACKGROUND In a letter dated April 12. 1996. D17,Q provided §401 certification with respect to the McCall NPDES permit at issue. ()n July 12, 1996, the Environmental Protection Agency (kPA) issued the NPI)F-TS permit incorporating the conditions set forth in DEQ's §401 certification. On May 17, 1996, the City of McCall filed an appeal, a petition for declaratory ruling. request for a stay and request for a hearing pursuant to the Idaho Environmental Protection and Health Act and the Idaho Administrative Procedure Act regarding DEQ's §401 water quality certification. In its appeal, the City asserted that it was inappropriate and unlawful for i)EQ to require, in its §4()1 certification. the City eliminate 10O% of its wastewater treatment facility discharge to the North pork of the Payette River (NF PR); that the compliance schedule for the elimination was unreasonable; and that certain monitoring and treatment requirements in the *401 certification were inappropriate. October 8, 1998 Re: City of McCall NPDES Permit #ID-012023-1 Pagc Two On August 15, 1996 the City of McCa]I filed a request for hearing and contest of the NPDES permit before Region X of the EPA. In response, Region X of the EPA denied the request on the ground that the Region is required to include in a permit the conditions required by a state water quality certification and that the Region may not review the certification's requirements. See Environmental Appeal Board (EAB) Order, p. 4 (Nov. 25, 1997). The City of McCall also sought a stay of the NPDES permit. That stay was denied on the grounds that the State had not stayed or had not yet modified its 401 Certification. EAB Order, p. 9. As a result of the City of McCa11's administrative appeal, on July 27, 1998, the city and iJEQ entered into a consent order providing, among other things, a new compliance schedule for the elimination of McCall's discharge to the NFPR. This §401 certification is consistent with the terms of the consent order and is a result of the resolution of issues raised by the City in the administrative appeal. The consent order is attached to this §401 certification. As a result of entering into the consent order, the City and DEQ filed a,joint motion to dismiss the administrative appeal, which was granted by the Hearing Officer on August 26, 1998. II. APPLICABLE WATER QUALITY STANDARDS ANI) EXISTING WATER QUALITY CONDITIONS IN THE NORTH FORK OF PAYETTE RIVER A. The Idaho Water Duality Standards and Wastewater 'Treatment Rea iirements (Water Quality Standards), If7APA 16, 01. t02. 001 through 999, provides in part that: 1. No pollutant shall be discharged from a single source or in combination with pollutants discharged from other sources in concentrations or in a manner that: (a) Will or can be expected to result in violation of the water quality standards applicable to the receiving water body or downstream waters; or (b) Will injure designated or existing beneficial uses. (IUAPA 16.01.02.080.) B. General water quality criteria for waters of the State of Idaho state that these waters must not contain "floating, suspended, or submerged matter of any kind in concentrations causing nuisance or objectionable conditions or that may impair designated beneficial uses." (IDAPA 16. 01.02. 200. 05.) Likewise, the Water October 8, 1998 Re: City of McCall NPDES Permit #AID-(X)2023-1 Page Three Quality Standards provide, "Surface waters of the state shall be free from excess nutrients that can cause visihle sliine growths or other nuisance aquatic growths impairing designated heneficial uses." (IDAPA I6.0I.02.200.06. ) C. The proposed permit will allow discharge into the NFPR. Designated uses for this segment are domestic water supply, agricultural water supply, cold water biota, salmonid spawning, primary contact recreation, and secondary contact recreation. (See IDAPA I6.0I.02. I40.0I. gg.) Waters designated for cold water biota have specific water quality criteria which state that the waters must exhibit "Dissolved Oxygen Concentrations exceeding 6 mg/1 at all times." (IDAPA I6. 0I. 02. 250. 02. r . i. ) D. Presently, numerical and general criteria in the lower end of the. NFPR (Cascade Reservoir) are heing violated. Likewise, designated beneficial uses in the affected water holy, including cold water biota, salnlonid spawning, agricultural water supply and recreational uses, are impaired. Violations of Water Quality Standards result From excess nutrients entering the NFPR, and other tributaries, from various sources resulting in water quality degradation in C'ascadc Reservoir. Specifically, excess algae and aquatic plant growth in the reservoir have caused significant violations to State Water Quality Standards including: rninintum dissolved oxygen concentrations, fish kills, death of livestock from ingesting toxic algae, and significant impairment to fishing, boating and other recreational uses. The particular nutrient of concern in Cascade Reservoir is phosphorus. E. DFQ has identified the Cascade Reservoir as a high priority water quality limited segment as required tinder section 303(d) of the Clean Watcr Act. Section 303(d) of the Clean Water Act requires the development and implementation of total maximum daily loads (TMDL's) which allocate effluent loads to all sources which contribute to the pollution loads of concern. Past studies have found that the City of McCall contributes a phosphorus load to the reservoir. DFQ has Submitted, and EPA has approved, a final Phase I watershed management plan (TMDL) which projects that a 37% overall reduction in phosphorus load to Cascade Reservoir will achieve Statc Water Quality Standards. 'l'hc TMDI, also anticipates a complete removal of McCall's effluent from the NFPR as one component to ensure compliance with State Water Quality Standards. F. The 100% removal of phosphorus from the McCall wastewater facility is consistent with the selected alternative outlined in the City of McCall's Wastewater Facilities October 8, 1998 Re: City of McCall NPDES Permit ##ID-0O2O23-1 Page Four Plan (December 1995), submitted to DEQ, which designates summer crop irrigation with winter storage, and the consent order. The l00% reduction of phosphorus from the McCall facility also is consistent with the requirements of the Clean Water Act and Idaho Water Quality Standards. Accordingly, the proposed NPDES permit for the City of McCall must include a scheduled zero discharge of phosphorus consistent with the rcquircinents of this letter. the consent order and the Phase I water quality management plan (TMDL) approved by EPA. III. CERTIFICATION CONDITIO)NS A. SPECIFIC LIMITATIONS AND MONITORINt:1 REQUIREMENTS l Effluent Limitations and Monitoring Requirements a. Initial Limitations Beginning with the 1998 irrigation season, and during every irrigation season thereafter, the City of McCall shall use the J-Ditch to convey all wastewater effluent from the City's wastewater treatment plait to the maximum extent practicable. ii. During, the period beg,iniiing on the effective date of this permit, and lasting until October I , 1999, the permittee is authorized to discharge wastewater to the NFPR from outtall (X)I , provided the City meets the following conditions: (a) The discharge is only allowed when the City cannot use the J-Ditch to convey all wastewater effluent from the City's wastewater treatment plant as specified in paragraph III. A. I ,a, i above, (b) There shall be no discharge of floating solids or visible foam other than trace amounts. (c) Percent removal requirements For RODS and TSS are as follows: For any month, the monthly average effluent loading, measured October 8, 1998 Re: City of McCall NPDF.S Permit #ID-002023-1 Page Five by concentration. shall not exceed 15 percent of the monthly average influent loading. Percent removal of BOD5 and TSS shall be reported on the Discharge Monitoring Reports (DMRs). For each parameter, the monthly average percent removal shall be calculated from the arithmetic mean of the influent values and the arithmetic mean of the effluent values for that month. influent and effluent samples shall he taken over approximately the same time period. ((I) The discharge must meet the limitations and monitoring requirements presented in table 1A. b. Final Limitations - The permittec shall cease its discharge to the NFPR by October I , 1999 except as provided below in the "emergency discharge limitation" provision of this certification, paragraph III,A, 1.c. Any discharge to another surface water will require a new NPi)ES permit application. c. Emergency Discharge Limitations - After October 1, 1999, the permittcc is authorized, after first notifying and obtaining the approval of DI:Q, to discharge from the plant, storage ponds, or both, to the NI:PIZ during December 1 through June 1 only when insufficient storage capacity exists or is anticipated to exist based upon Clow projections. In discharging, the permittec must maintain a (0:1 dilution of river flow to effluent flow and must meet the following additional conditions: The discharge must meet the effluent limitations and monitoring requirements presented in table 2A; ii. There shall be no discharge of floating solids or visible loam other than trace amounts; October 8, 1998 Re: City of McCall NPDES Permit #ID-002023-1 Page Six iii. For any month the percent removal required for 13OD; and TSS, as measured in the influent and the combined effluent, shall equal 85 percent as measured by concentration; iv. Percent removal of GODS and TSS shall be reported on the DMRs. For each parameter, the monthly average percent removal shall he calculated from the arithmetic mean of the influent values and the arithmetic mean of the effluent values for that month. Influent and effluent samples Shall be taken over approximately the salve time period. Monitoring Requirements a. Luring the period beginning on the effective dale of this permit and lasting until the expiration date, any discharge to the NFPR shall he monitored in accordance with the requirements presented in table. 3A. h. Heavy metals shall be monitored in accordance with the requirements presented in table 4A. c. All metals analyses shall he reported as both "Total Recoverable" and '`Dissolved". The pernittee shall use "clean techniques" for sample collection and analyses. 3. compliance Schedule f IDAPA 16.01.02.400.03) a. Consistent with the Consent Order effective July 27, 1998, between the City of McCall and l_]EQ, the permittcc shall comply with the following schedule towards the elimination of the discharge from the McCall wastewater treatment facility to the NFPR: Construction of the First Cell of the Winter Storage Facility, i. liy August I, 1999. the City of McCall shall complete construction of the first cell of the wastewater treatment facility. October 8, 1998 Re: City of McCall NPDES Permit #ID-002023-1 Page Seven ii. By October 1, 1999, the City of McCall Shall begin operation of the first cell. if ready, the cell may be used at an earlier date. Once the first cell is operational, the City shall use the first cell for the storage of treated effluent, and may only discharge effluent to the NFPR as allowed tinder this 0401 water quality certification and the NPDES permit. Constriction of the Second Cell of the Winter Storage Facility. By August I, 2000, the City of McCall Shall complete construction of the second cell of the wastewater treatment facility. October 1, 2U00, the City of McCall shall begin operation of the second cell. If ready, the cell may be used at an earlier date_ Once the second cell is operational, the City Shall use the second cell for the storage of treated effluent, and may only discharge effluent to the NFPR as allowed under this §40 1 water quality certification and the NPI}FIS permit. •1'he City of McCall shall provide documentation tU DECK by June I, 2000 certifying that the discharge from the City's wastewater treatment facility to the NFPR has been eliminated, except as allowed under this §401 water quality certification and the NPDES permit. 4_ Modification Clause and Force Majettre This permit may be modified as allowed in paragraphs 6, 7 and 8 of the consent order attached to this certification. This certification will cease at the expiration of the NPDES permit and any administrative extension thereof. October 8, 1998 Re: City of McCal! NPDES Permit AID-002023-1 Page Eight The City of McCall has the right to appeal this t;401 water quality certification and associated conditions by requesting in writing within thirty-five (35) days a hearing, pursuant to Title 67, Chapter 52, Idaho Code and the Rules Governing Contested Case Proceedings and Declaratory Rulings, Title 5, Chapter 3, IDAI'A 16.05.03.000 to 16.05.03.999. The request for a hearing must be filed with the Hearing Coordinator al the following address: Hearing Coordinator, Administrative Procedures Section, Department of Health and Welfare, P.O. Box 83720. Boise, Idaho 83720-D036. If you have any questions about our 401 certification please call me at 373-0550. Sincerely, -7A Stephen E. West Regional Administrator Attachment SEW:LSP:kli Ei Alor,iii.nvi t :iII4OI( cc: Ted Whiteman, I'1.WS1) Robert R. Robichaud, Manager EPA NPDES Permits Unit, Seattle Lynn McKee. Assistant Regional Administrator. EPA-I00 Bill Chamberlain, EPA -Seattle Susan E. Buxton, C'ily of McCall Attorney Douglas Conde, AG $ounce F i k #.S, Reading rib: City of McCall NPDES Permit ##14-002023-1 §401 Water Quality Certification TABLE 1A FFFI.IIENT LIMITATIONS PARAMETER MONITORING REQUIREMENTS Average Avern�e Daily Sample. SampleMonthly Weekly maximum Location Sample Frcynrncy Type Limit Limit Limit Flow, 1+1G[] 2.0 Gtllucnl f.'nulinutlus Recording 20 ni_e/l 30 int;!I -- Intliiunl 24 lir.' Biological Oxygen anal .1. week 4,.:nnposit6 Demand (BOOS) k1I1 ieiit Grab 330 500 Ihiday 11)'day Total Suxpended 20 utt11 30 u1L/I Inlluent 2a hr.' Solids (TSS) and 1rweek composite/ L;Filueni Grab 330 500 lh!day Ih!day Fecal Coli[orm 50/ I00uil 1001 I00iii F.Ithicnl Bacteria !diluent pH 6.(] to 9,0 Siandaid Unik N I•YR: (up anal clown) Total Residual -- -- 0.5 nig!I Effluent Chlorine' 31 wcuk Daily Weekly [.)ally (irate Grah Grab 24 hour flow proportioned composne sample (see. Section Al.) Chlorine should Iie analycexl using 111t' tCtit I11tiIUkl traani the 171h I:cI]Iion at SIantlard blelhaniti. oili xl 4500-CI F wuh an MDL of 18 „all. PARAMETER Iola! Effluent flow. c is Istta! River Flow cf+ Dilution Factor Ratio of River Flew to Effluent Flow Biological Oxygen Demand (ROD) City of McCall NPDES Permit 410-002023-1 §401 Water Quality Certification TABLE 2A EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Average Average Daily Sample Monilify Weekly Maximum Locai inn Limit I Limit [.unit 20 rngll 30 nrg/I Total Suspendotl Solids (TSS) 20 mill 30 mg11 Fecal Cnlif orin SO/ 100nrf 100/ ! 00nr1 Bacteria pH 6.0 io 9.0 Standard Units Efi1u nt Sample Frequency. C'onlintuniti Sample TYpt Recording UISGS Page & Daily Grab tisli Hatchery Calculation Daily Calculation influent and 24 hr. ('nnibine‘l 3! eeh composite Effluent !Grab Ini1u_•ttt and 24 hr.' i'onilanec! 1Jweek cnm1xistle Effluent !Grab Combined 3/ veek Effluent Grab Combined I_iflueiit Dail} NFPR' Grab (up and Weekly. , down) 'I'otaf Retiuhral -- 0,5 ingiI Combined Daily Grab Chlorine' Effluent 21 hour flow proportuui.:d vmlu�tiil�• o-.intplt (s Sotitlliii A.2 ) C'hionnc should h� anal}i tt u‘iui lh l l to h<u! it , i th. 176 Filo too t St.uul,ml Al th cl`. Al flu <I .Kilo ('I F wok i Adfl1, n1 Ih City of McCall NP U ES Permit # I 0-002023-1 §401 Water Quality Certification '1'A13I1E 3A Monitoring Requirements Parton tt r Units Luedt ion Frequency Sample Type Total Pirushhunis (P) mg/I F,II1u.:nl 2/week Grab 'NFPR (upstream) *'Qu,lrterly Total Ortl]L1 Plzoslih:rle Mull El -Huila 2: week Grab (Ortlio-P) *NFPR (upstzeant) **QuarterIy Total Amnuonia- Nitrouen (NFI,-N) !Hurl Effluent 2!w'eek Grail *NFPR (utttilreanl) Weekly Diluent Daily TemheraIure "C' *NFPR tulxlrean[ (;rah and downstream) Weekly to the event of an eni.:rgetiLv cikAnrre ikn NFPR :41.11 F. •;nnILkcd inunaliat.ly uharenui "[thc hcruutlx', di..Julrge al a hocalion agreed orlon I [he . ity, r)I O mitt ['PA WWII wli. c y,.:,'dirk! inunctlilu:l, dom. nalcltni Lrl ll[c a!recLI von! ,ui\in /o ne- ** Ouarierly etnll,icut nt111ttiorLiw Ic•UII• hl[]I h .nlnnut cl i[[h d[. hart m aiit„rin I.Ix ru ([)A4k'J to t'F'A and 1)FQ for the Itu,nth• „r Th•.tutihtr. 'vTarLh, aid ttlne City of McCall NPDES Permit #10-002023-1 §401 Water Quality Certification TABLE 4A Mnnitoriny Requirements Parameter Units Location Frequency Sample Type Arsenic .,oil Effluent & Twice** Grab NFPR* Cadmium •• L'II Effluent & Twice -'Grab NFPR* Chromium (111) ,,g/1 Effluent & Twice*k Grah N1 PR° Copper Efilueiu & T..•ILe' a Grab N1 PR" Lead .; c/I Elllue131 & Twicc" Grab NFPR* Mercury ., g/1 Effluent & "F \vicc_** Grah NFPR* Nickel ;,>L11 Efllueni ,5c Twice*" Grah NF PR* Silver .'c/l Efilrleni & Twicc'R* GrHh NFPR* Zinc L-'I [Iflueur k Twin** Grah N1•PH* NFI'R iii inodiaiely u]ii.irc nll InIn ili,rllln-2... * Twiie iii iiit 011c0 during Ii.i . [link ,_nnclilnon, iu Fohrulir} .Ilul 4iu.c Liming hlrh ['Lim:, in Nfay