Document 99zxkp1oXOwgxGynE5GYVpyE5

U.S. EPA Region 8 NPDES Inspection Report National Database Information Inspection Date: September 18-19, 2024 Entry / Exit Time: September 18, 2024: 13:30 PM-16:15 PM MT September 19, 2024: 15:10 PM-15:45 PM MT Inspection Type: Compliance Evaluation Inspection NPDES ID: UTG589405 Major / Non-Major Facility: Non-Major NPDES Program Sector(s): POTW NAICS Code: 2213 (Water, Sewage, and Other Systems) Inspection ID: 202409_UTG589405 Lead inspector and affiliation: Akash Johnson / U.S. EPA Region 8 (opening conference lead) Inspector and affiliation: Althea Wilson / U.S. EPA Region 8 Inspector and affiliation: Jennifer Ferrando / U.S. EPA Region 8 (onsite lead) Site/Facility Location Information Site/Facility Name & Location: White Rocks WWTF 40.463766, -109.935460 Uintah County, Utah Uintah and Ouray Reservation Send Report to: Felecia Pike-Cuch, Acting Director Ute Tribe Water Systems feleciac@utetribe.com Inspection/Site Contacts Name(s)/Title Felecia Pike-Cuch / Acting Director / UTWS (present) Site/Facility Contacts Tracy Warrick / Environmental Health Foreman, Wastewater Operator / UTWS (present) Eli Chapoose / Water and Wastewater Operator / UTWS (present) Indian Health Service Contacts Other Tribal Government Contacts Mike O'Shea / Tribal Utility Consultant / IHS, Phoenix Area, Reno District OEHE SFC (present) Alrita Murray / Environmental GAP Coordinator / Ute Tribe (present for opening conference only) CeeJay Rebsom / Solid and Hazardous Waste Labor / Ute Tribe Environmental GAP Program (present) Darrel Ningealook / Solid and Hazardous Waste Labor / Ute Tribe Environmental GAP Program (present) Devonte Smith / Solid and Hazardous Waste Labor / Ute Tribe Environmental GAP Program (present) Bart Powaukee / Water Quality Coordinator / Ute Tribe (not present) Page 1 of 11 Other Contacts Matthew Peacock / Senior Engineer / Natural Resource Consulting Engineers, Inc. (consultant to UTWS engaged by Ute Tribe Business Committee) Permit/Site Information Permit on site and available: Yes - EPA emailed before inspection and left hard copy onsite Permit Application Date: Did not evaluate Effective Date: November 1, 2022 Expiration Date: March 31, 2027 Latitude: 40.463766 Longitude: -109.935460 Receiving Water(s): Non-discharging lagoon. If a discharge were to occur it would likely flow generally south towards the East Channel of the Uinta River, located approximately 0.3 miles southwest at closest approach. Weather Conditions: During inspection: Sunny/partly cloudy, no precipitation Inspector's source of information: Facility personnel, IHS personnel, IHS records, EPA records and databases, Google Earth Pro, inspection observations. Areas Evaluated During Inspection Permit Self-Monitoring Program Records Compliance Schedule Facility/Site Review Laboratory Effluent/Receiving Waters Operations and Maintenance Flow Measurement Sludge Handling/Disposal Pretreatment Pollution Prevention Stormwater Combined Sewer Overflow Sanitary Sewer Overflow Page 2 of 11 Report Review and Signature Report Writer Name/Signature/Final Date Contact Information ALTHEA WILSON Digitally signed by ALTHEA WILSON Date: 2024.12.11 10:30:12 -07'00' U.S. EPA Region 8 Denver, Colorado wilson.althea@epa.gov (303) 312-6026 Reviewer Name Review Date Contact Information U.S. EPA Region 8 Akash Johnson December 10, 2024 Denver, Colorado johnson.akash@epa.gov (303) 312-6067 Reviewer Name Review Date Contact Information U.S. EPA Region 8 Jennifer Ferrando December 2, 2024 Denver, Colorado ferrando.jennifer@epa.gov (303) 312-6601 Management Reviewer Name/Signature/Date Contact Information EMILIO LLAMOZAS Digitally signed by EMILIO LLAMOZAS Date: 2024.12.11 10:13:53 -07'00' U.S. EPA Region 8 Denver, Colorado llamozas.emilio@epa.gov (303) 312-6407 Emilio Llamozas, NPDES and Wetlands Enforcement Section Supervisor Page 3 of 11 Inspection Narrative and Site Description 1.0 Introduction On Wednesday September 18, 2024, and Thursday September 19, 2024, I, U.S. Environmental Protection Agency (EPA) inspector Althea Wilson, along with EPA inspectors Akash Johnson and Jennifer Ferrando (collectively, "we"), conducted a compliance evaluation inspection of the White Rocks Wastewater Treatment Facility (WWTF; facility), located in Uintah County, Utah, within the exterior boundaries of the Uintah and Ouray (Reservation). The facility was operated by the Ute Tribe Water Systems (UTWS), a department of the Ute Tribe (Tribe) government. Ownership of the facility or underlying lands was not evaluated during the inspection. The purpose of the inspection was to evaluate compliance with applicable Clean Water Act (CWA) and National Pollutant Discharge Elimination System (NPDES) requirements. A letter notifying the Tribe of the EPA's inspection presence on the Reservation was sent on August 19, 2024. We were joined by the individuals identified as present on pages 1-2 of this report for respective portions of the inspection. Throughout the inspection, we took notes on our discussions and observations in bound checklists. Photographs taken during the inspection are included in the enclosed photo log. 2.0 UTWS Wastewater Operations Some of the information in this section was provided by UTWS representatives during and after the inspection and has not been independently verified by the EPA. The UTWS operated six WWTFs, including the subject facility. The UTWS also operated several public water systems (PWSs). PWSs were not evaluated during the inspection and are not discussed atlength in this report. UTWS staffing comprised five operators, three of whom worked primarily in PWS operations, one of whom, Tracy Warrick, worked primarily in wastewater operations, and one of whom, Eli Chapoose, worked in both wastewater and PWS operations. No UTWS staff held wastewater operator licenses. During the inspection, UTWS representatives indicated they were trying to recruit additional wastewater operators, either by providing wastewater training to existing UTWS PWS operators or hiring and training new staff. The UTWS coordinated regularly with IHS, consultants, and technical assistance providers on matters of infrastructure funding, technical assistance, and training related to wastewater operations. The UTWS was managed by a Director position which jointly-managed the Ute Tribe Environmental Health Program (UTEHP). At the time of the inspection, the UTWS/UTEHP Director position had been filled in an acting capacity for several months by Felecia Pike-Cuch, who was also the Ute Tribe Emergency Management Director. The UTWS, along with approximately fifty-one other Tribal departments, was overseen by the Tribe's Executive Director position, which coordinated between Tribal departments and the Tribal Council. The majority of UTWS funding was provided by the Tribal government. The UTWS Director was responsible for coordinating the UTWS budget and special purchase requests with the Executive Director, who was in-turn responsible for coordinating any such requests with the Tribal Council. The UTWS also periodically applied for grants to support equipment purchases. Potable water from UTWS PWSs was sold commercially to some nearby non-Tribal water systems, with associated revenue directed into the Tribe's General Fund. The UTWS provided septic pumping services across the Reservation at no-cost for Tribal members. UTWS representatives indicated they Page 4 of 11 Inspection Narrative and Site Description were in the process of clarifying septic pumping charges for non-Tribal members and had temporarily ceased offering septic services to non-Tribal members until the matter was determined. UTWS representatives indicated all septage they collected was hauled to the Fort Duchesne WWTF (NPDES ID UTG589401). The UTWS did not assess or collect any residential or commercial water or wastewater fees. UTWS representatives indicated Tribal members did not currently pay for residential water or sewer services provided by the UTWS. UTWS representatives were not sure whether any other customers (e.g. nonTribal residential users, commercial users) were being assessed water or sewer fees and, if so, which other Tribal department(s) may have been collecting such fees and where associated revenue may have been directed. UTWS representatives indicated, in recent memory, they had not received instruction from any other Tribal departments to conduct water shut offs in response to any delinquent water or sewer payments. IHS records contain some additional information on water and wastewater fees supplementing the information provided by UTWS representatives during the inspection. Each of the WWTFs operated by the UTWS comprised a collection system and lagoon. The UTWS provided collection system services into homes for Tribal members and up to property lines for nonTribal members. The UTWS maintained and operated a sewer jetter and pump truck to support collection system and septic pumping operations. UTWS representatives indicated they did not implement any routine preventative maintenance procedures for any collection systems or lagoons; rather, they generally performed wastewater maintenance and repairs on an as-needed basis. UTWS representatives indicated, at the time of the inspection, work orders were tracked in hard-copy form, but they had historically been tracked through various mechanisms. UTWS representatives indicated they spent considerable time over several months preceding the inspection clearing overgrown vegetation from around the lagoons associated with the WWTFs under their purview. UTWS representatives indicated they had made significant progress clearing vegetation from around the lagoons but still intended to complete additional vegetation removal at several lagoons. 3.0 Facility Information At the time of the inspection, NPDES permit coverage for the facility was effective under the EPA Region 8 General Permit for Wastewater Lagoons in Indian Country (Permit) (general NPDES ID UTG589###; facility-specific NPDES ID UTG589405), under the "Potential to Discharge but No Discharge (NODIS) Authorized" requirements of the Permit. The facility comprised a collection system and facultative, four-cell, non-discharging lagoon system serving the community of Whiterocks. According to UTWS representatives, there were no lift stations in the collection system. The collection system and facility users were not evaluated during the inspection. On a June 1992 as-built drawing for lagoon Cells 3 and 4 provided by IHS during the inspection (accuracy not verified by the EPA), Cell 1 and Cell 2 were identified as "Existing Lagoons," Cell 3 was identified as "Treatment Cell," and Cell 4 was identified as "Rapid Infiltration Cell." According to the UTWS representatives, Cells 3 and 4 were intended to replace Cells 1 and 2. The IHS as-built drawing does not indicate the presence of transfer piping between the Existing Lagoon complex (Cells 1 and 2) and Cells 3 and 4, or a discharge outlet from any of the cells. The as-built drawing indicates influent could be directed to either the northeast corner of Cell 1 or the northeast corner of Cell 3. Based on the Page 5 of 11 Inspection Narrative and Site Description as-built drawing and site observations, it is unclear how wastewater could be potentially configured to flow between Cells 1 and 2. Based on the as-built drawing and site observations, if wastewater was directed into Cell 3, it could overflow to Cell 4 via two transfer structures in the berm between Cells 3 and 4. 4.0 Inspection Narrative On the afternoon of Wednesday, September 18, 2024, we conducted an opening conference in a conference room of the Ute Tribe Emergency Management Department office. During the opening conference, we asked questions pertaining to wastewater operations and implementation of Permit requirements at the WWTFs operated by the UTWS, including the subject facility. On Thursday, September 19, 2024, we conducted onsite inspections of each of the WWTFs operated by the UTWS, including the subject facility. We arrived at the lagoon at approximately 15:10 PM, after inspecting several other WWTFs earlier in the day. The lagoon enclosure was fenced and locked upon our arrival and the gate was opened by UTWS representatives. UTWS representatives indicated the lagoon enclosure had been overgrown with trees and other dense vegetation prior to the aforementioned vegetation removal activities conducted several months earlier. Mike O'Shea provided the as-built drawing of the lagoon system which we referenced throughout the inspection (Photograph 84); the EPA has not verified the accuracy of this drawing. Throughout the course of the inspection, we walked around the entire perimeter of all four cells. We began the facility walk-through on the eastern side of Cell 4. On the northeast corner of the of Cell 3, we opened a manhole and observed wastewater flowing through it into Cell 3 (Photograph 81). We then walked to the northeast corner of Cell 1 where influent could also be directed. Wastewater was not flowing into this cell during the inspection, but residue where wastewater or some other substance had previously been directed into the lagoon was present (Photograph 82). We proceeded west along the north side of Cell 1 to Cell 2, which was dry; the inspectors did not observe evidence of wastewater flowing into Cell 2 (Photograph 83). We then walked the berm between Cells 1 and 2 and observed the Cell 3 from the northern edge (Photograph 85). All wastewater appeared to be directed into this cell during the inspection. On the western side of the south berm of Cell 3 we observed a transfer valve between Cell 3 and Cell 4 (Photograph 86). UTWS representatives stated they were unsure if the valve between Cell 3 and Cell 4 was open or closed, EPA inspectors were unable to verify. We then observed the western side of Cell 4, where any wastewater directed through the transfer valve between Cells 3 and 4 would flow. No wastewater appeared to be flowing into Cell 4 from any location during the inspection, and Cell 4 appeared to be dry (Photograph 87). The UWTS representatives stated that they had not seen wastewater in Cell 4 in at least 5 years. The IHS as-built drawing also indicates the presence of transfer piping between Cell 3 and Cell 4 near the eastern end of the berm between those two cells. The inspectors were not able to find the air vent or any other indication of the presence or location of the second transfer structure. The inspection concluded when we left the lagoon at approximately 15:45 PM. Page 6 of 11 Inspection Narrative and Site Description Later in the day, we reconvened in the conference room of the Ute Tribe Emergency Management Department office and discussed preliminary findings for each of the WWTFs inspected that day, including the subject facility. 5.0 Post-Inspection Activities and Conclusion On October 11, 2024, Akash Johnson emailed Felecia Pike-Cuch preliminary findings from the inspection. Findings, requested corrective actions, and recommendations identified pursuant to the inspection are identified in the section below. Findings, Corrective Actions, and Recommendations Finding 1: Weekly facility inspections were not being conducted or documented. Permit Requirements: Section 6.5 of the Permit (Inspection Requirements) states: On at least a weekly basis, unless otherwise modified by written approval from EPA, the Permittee shall inspect its wastewater treatment facility. Permission for less frequent inspections must be requested in writing by the Permittee and may be granted on a case-by-case basis where appropriate (e.g. a lagoon located in a remote area where access is a problem during the winter and compliance issues are not present), at the discretion of EPA. The Permittee shall maintain a notebook/logbook recording all information obtained during the inspection using indelible ink pens (or inspection logs may be kept in electronic format in accordance with proper record-keeping procedures) and in sufficient detail so that decision logic may be traced back, once reviewed. At a minimum, the notebook/logbook shall include the following (see Appendix D of this Permit for an Example Lagoon Inspection Form): 6.5.1.1. Name of facility and permit number. 6.5.1.2. Date and time of the inspection. 6.5.1.3. Name of the inspector(s). 6.5.1.4. The facility's discharge status. 6.5.1.5. The flow rate of the discharge, if occurring. 6.5.1.6. Determine if a discharge is occurring, has occurred since the previous inspection, and/or if a discharge is likely to occur before the next inspection. (Note: If a discharge has occurred or is likely to occur before the next inspection, perform the appropriate monitoring and reporting requirements in Sections 3 and 5.4 of this Permit if not already done.). 6.5.1.7. If there is any leakage through the dikes. 6.5.1.8. If there are any animal burrows in the dike. 6.5.1.9. If there is any erosion of the dikes (e.g., rills, cracks or other structural indications of erosion). 6.5.1.10. If there are any rooted plants, including weeds or trees growing in the water. 6.5.1.11. If the vegetative growth on the dikes needs mowing (i.e. no greater than 6" tall or any height that may interfere with monitoring, operation and maintenance of the system). 6.5.1.12. Visual observation for visible sheen, floating oil, floating solids and foam. Page 7 of 11 Findings, Corrective Actions, and Recommendations 6.5.1.13. Visual observation to check for evidence of illicit septic dumping. 6.5.1.14. List the date scheduled for operation and maintenance procedures to be undertaken at the wastewater treatment facility. 6.5.1.15. Identification of operational and/or maintenance problems, and a determination of whether proper operation and maintenance procedures are being undertaken at the frequency necessary to maintain working operations and the overall treatment and collection systems of the wastewater treatment lagoon system. 6.5.1.16. Recommendations, as appropriate, to remedy identified problems. 6.5.1.17. A brief description of any actions taken with regard to problems identified. 6.5.1.18. Overall visual observations to identify potential concerns with the "health" of the lagoon system (e.g., water is cloudy, water coloration concerns (e.g. red, black, grey, dark blue-green and cloudy), etc.); and 6.5.1.19. Other information, problems identified, or observations, as appropriate. The Permittee shall maintain the notebook/logbook in accordance with required record-keeping items listed above and shall make the log available for inspection, upon request, by authorized representatives of the U.S. Environmental Protection Agency or the applicable Tribe(s) (see Appendix A for list of Tribes). Problems identified during the inspection (including, but not limited to, those associated with this section of the Permit) shall be corrected at the time of inspection, if possible. If they cannot be corrected at the time of the inspection, the inspector must identify a corrective action to remedy the problem(s), as well as a timeline for completion of the remedy. Corrective actions to remedy problem(s) shall be in line with (and addressed through) proper operation and maintenance (Section 6.6 of this Permit.). All problems identified during inspections, as well as associated corrective actions and timelines, shall be documented in the inspection log. Section 5.9 of the Permit (Retention of Records) states: The Permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this Permit, and records of all data used to complete the application for the Permit, for a period of at least three years from the date of the sample, measurement, report or application. Records of monitoring required by the Permit related to sludge use and disposal activities must be kept at least five years (or longer as required by 40 CFR Part 503). This period may be extended by request of the EPA at any time. Data collected on site, data used to prepare the DMR, copies of DMRs, and a copy of this NPDES Permit must be maintained on site. Corrective Action: Conduct, document, and retain records of weekly facility inspections in accordance with the Permit. In a response, provide a record of at least one weekly facility inspection conducted since receipt of this report. Finding 2: An Operation and Maintenance (O&M) Manual(s) had not been developed or implemented for the facility. Page 8 of 11 Findings, Corrective Actions, and Recommendations Permit Requirements: Section 6.6.1 of the Permit (under "Proper Operation and Maintenance") states: For Permittees not previously covered under the Region 8 General Permit for Wastewater Lagoon Systems in Indian Country, the Permittee shall, as soon as reasonable and practicable, but no later than six (6) months after the effective date of this Permit, do the following as part of the operation and maintenance program for the wastewater treatment facility: 6.6.1.1. Have a current O & M Manual(s) that describes the proper operational procedures and maintenance requirements of the wastewater treatment facility. 6.6.1.2. Have the O & M Manual(s) readily available to the operator of the wastewater treatment facility and require that the operator become familiar with the manual(s) and any updates. 6.6.1.3. Have a schedule(s) for routine operation and maintenance activities at the wastewater treatment facility; and, 6.6.1.4. Require the operator to perform the routine operation and maintenance requirements in accordance with the schedule(s). For Permittees renewing coverage under this Permit, the Permittee is expected to have the above listed items (Sections 6.6.1.1. thru 6.6.1.4., which were part of the requirements under the previous Region 8 General Permit for Wastewater Lagoon Systems in Indian Country) completed prior to the coverage date under this Permit. These Permittees shall ensure that each of the items listed above are updated and maintained as part of the operation and maintenance program for the wastewater treatment facility. Corrective Action: Develop and implement an O&M Manual(s) for the facility in accordance with the Permit. In a response, provide a copy of the O&M Manual(s) developed for the facility. Finding 3: A daily O&M log was not maintained for the facility. Permit Requirements: Section 6.6.1 of the Permit (under "Proper Operation and Maintenance") states: ...In addition to the operation and maintenance items in the manual for the lagoon system, ALL Permittees shall do the following maintenance, at a minimum: The Permittee shall maintain a log in either paper (e.g. bound notebook) or electronic format containing a summary record of any daily operation and maintenance activities at the wastewater treatment lagoon facility and collection system, that is to be updated on each day operation and maintenance activities are performed. At a minimum, the log shall include the following information: 6.6.1.5. Date and time. 6.6.1.6. Name and title of person(s) making the log entry. 6.6.1.7. Name of the persons(s) performing the activity. Page 9 of 11 Findings, Corrective Actions, and Recommendations 6.6.1.8. A brief description of any operations and maintenance activity performed on the wastewater treatment lagoon system. 6.6.1.9. The Permittee shall ensure that necessary action to promptly correct the problem of leakage through the dikes is taken and documented in the maintenance log. 6.6.1.10. The Permittee shall ensure that necessary action to promptly remove burrowing animals from the dikes is taken and documented in the maintenance log. 6.6.1.11. The Permittee shall ensure prompt repair of damage to dikes caused by burrowing animals and/or erosion and documentation of all actions in the maintenance log. 6.6.1.12. The Permittee shall ensure removal of rooted plants, including weeds and trees, from the water on a regular basis or as needed and documentation of all actions in the maintenance log; and 6.6.1.13. The Permittee shall ensure that the dikes are kept mowed on a regular basis during the growing season or as needed (i.e., vegetation not greater than 6" tall or any height that may interfere with monitoring, operation and maintenance of the system) and that documentation of all actions taken are recorded in the maintenance log. 6.6.1.14. Other information, as appropriate. The Permittee shall maintain the daily log in accordance with proper record-keeping procedures and shall make the log available for inspection, upon request, by authorized representatives of the U.S. Environmental Protection Agency or the applicable Tribe(s) (see Appendix A for list of Tribes). Corrective Action: Maintain a daily O&M log for the facility in accordance with the Permit. In a response, provide a copy of at least one daily O&M log completed since receipt of this report. Finding 4: Operators were not familiar with all components of the facility; notably, whether the transfer valve on the western side was open or closed between Cells 3 and 4, and whether there was a second transfer valve between Cells 3 and 4 on the eastern side, as indicated on the IHS as-built drawing (Photograph 84). Permit Requirements: Section 6.6 of the Permit (Proper Operation and Maintenance) states: 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 include adequate laboratory controls and appropriate 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 this Permit. Corrective Action Evaluate the configuration of the valve between Cell 3 and Cell 4 and operate it as intended. Determine whether a second transfer value exists near the east end of the berm between Cell 3 and Cell 4. In a response, provide a narrative explaining the process and outcome of this evaluation. Page 10 of 11 Findings, Corrective Actions, and Recommendations Note: Appropriate caution should be taken when turning valves which have not been regularly exercised, as they may be prone to sticking or breaking. Finding 5: Vegetation greater than 6 inches in height was present along the interior berms of Cells 3 and 4, including cattails in Cell 3 (Photographs 85, 86, and 87). UTWS representatives indicated they spent considerable time over several months preceding the inspection clearing overgrown vegetation from around the lagoons under their purview, including the subject facility, but also indicated they still intended to complete additional vegetation removal at several lagoons. Permit Requirements: Section 6.6.1.12 of the Permit (under "Proper Operation and Maintenance") states: The Permittee shall ensure removal of rooted plants, including weeds and trees, from the water on a regular basis or as needed and documentation of all actions in the maintenance log. Section 6.6.1.13 of the Permit (under "Proper Operation and Maintenance") states: The Permittee shall ensure that the dikes are kept mowed on a regular basis during the growing season or as needed (i.e., vegetation not greater than 6" tall or any height that may interfere with monitoring, operation and maintenance of the system) and that documentation of all actions taken are recorded in the maintenance log. Corrective Action: Remove rooted vegetation in the lagoon cells and reduce vegetation around the lagoon cells to 6 inches in height or less. In a response, provide photographs of both cells indicating this corrective action has been completed and provide the date of completion. Recommendation: During the inspection, UTWS representatives inquired about potentially applying herbicide to control vegetation on the interior of the lagoon berms. CWA, NPDES, and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requirements may apply to the application of pesticides, including herbicides, which may enter waters of the United States. Application of herbicide at the lagoon may also constitute a substantial change in the volume or character of pollutants in facility wastewater, requiring notification to the EPA under Section 7.1 of the Permit (Planned Changes). If the UTWS intends to apply herbicide at the lagoon, prior to selecting or applying an herbicide, it is recommended the UTWS contact the Region 8 Wastewater (NPDES Permitting) Section to inquire about potentially applicable Permit or other federal requirements relating to this activity. A relevant EPA contact would be Kenley Stone, reachable stone.kenley@epa.gov or (406) 457-5035. Page 11 of 11