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