Document k9r4pyRDxZKed0gwpmnZpqYzb

NPDES Inspection Report - Wastewater Treatment Facility National Database Information Inspection Date: August 23, 2023 Inspection Type: CEI - Wastewater Treatment Facility Entry/Exit Time: Opening Conference: 08:30 am-10:30 am, August 22, 2023 Site Review: 10:56 am-11:19 am, August 23, 2023 NPDES ID Number: NDG589406 NAICS Code: 221320 Inspection ID: 202308_NDG5890406 Lead inspector and affiliation: Brit Rustad / EPA Region 8 Inspector and affiliation: Akash Johnson / EPA Region 8 Facility Location Information Site/Facility Name & Location: Shell Valley Wastewater Treatment Facility Lat/Long: 48 47' 41.89" N, 99 52' 26.29" W (lagoon) Rolette County, ND 58316 Email Report to: Kenny Azure, Director, TMPUC puckenny@utma.com Contact Information Name(s)/Title Kenny Azure / Director / TMPUC / present for part of opening conference Facility Contacts: Person/Company meeting definition of "Operator" Authorized Official(s) (Per NOI?) Eric Thomas / Operator / TMPUC / present during opening and closing conferences as well inspections Harold Bruce / Operator / TMPUC / present during opening and closing conferences as well as inspections Tyler Timmons / Tribal Utility Consultant / IHS / present during the opening and closing conferences as well as inspections Turtle Mountain Public Utilities Commission (TMPUC) Kenny Azure / Director / TMPUC / present for part of opening conference Permit Information Is the permit on site and available? Did Lagoon Category: No Discharge Monitoring Frequency: N/A not evaluate; EPA emailed a copy to TMPUC after the inspection Effective Date: 11/1/2022 Expiration Date: 3/31/2027 Is the Facility under a compliance schedule? No Is correct contact information indicated on ICIS? Yes Indicate correct contact information: N/A Receiving Water(s): Immediately discharges to an open field that would eventually lead to Wolf Creek 1 Regulatory Inspector's source of information: Notice of Intent for the permit, ICIS, ECHO, and facility representatives 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 Report Review and Signature Drafter Name Draft Date Contact Information BRIT RUSTAD Digitally signed by BRIT RUSTAD Date: 2023.11.27 09:50:20 -07'00' September 11, 2023 U.S. EPA Region 8 Denver, Colorado rustad.brit@epa.gov (303) 312-6885 Reviewer Name Akash Johnson Draft Date November 15, 2023 Contact Information U.S. EPA Region 8 Denver, Colorado johnson.akash@epa.gov (303) 312-6067 Management Reviewer Name/Signature/Date Digitally signed by EMILIO EMILIO LLAMOZAS LLAMOZAS Date: 2023.11.20 12:15:04 -07'00' Contact Information U.S. EPA Region 8 Denver, Colorado llamozas.emilio@epa.gov (303) 312-6407 Emilio Llamozas, NPDES and Wetlands Enforcement Section Supervisor 2 Inspection Narrative and Site Description 1.0 Introduction The inspection was conducted at the Shell Valley wastewater treatment facility (facility; WWTF) located in Rolette County, North Dakota, to evaluate compliance with the facility's National Pollutant Discharge Elimination System (NPDES) permit. The EPA is responsible for implementing the NPDES program in Indian Country within the State of North Dakota. The inspection was announced approximately one month prior to the inspection to coordinate logistics for the inspection. On the morning of August 22, 2023, U.S Environmental Protection Agency (EPA) inspectors Brit Rustad and Akash Johnson (collectively, "we") met with Turtle Mountain Public Utilities Commission (TMPUC) representatives Kenny Azure, Director, and with Harold Bruce and Eric Thomas, Operators. We were also joined by Indian Health Service (IHS) representative Tyler Timmons, Tribal Utility Consultant. We presented our credentials and had an opening conference in the TMPUC office where we explained the purpose of the inspection and discussed the design, operation, and CWA and NPDES compliance of multiple WWTFs operated by the TMPUC, including the subject facility. After the opening conference, we proceeded to conduct site reviews of the WWTFs operating by the TMPUC, including the subject facility, for the remainder of August 22, 2023 and part of August 23, 2023. Throughout the inspection, we noted our observations in bound checklists. Photographs taken during the inspection are included in the attached photo log. 2.0 TMPUC Operations During the opening conference when discussing all facilities, representatives indicated that daily checks on all lift stations are performed but that lagoon cells were not inspected on at least a weekly basis. They also stated that weekly inspection logs are not being kept. Facility representatives stated that jetting of lines is done on an as needed basis rather than per a set schedule. Lastly, there has not been any sludge removal or depth testing done recently at any of the lagoons operated by TMPUC. The TMPUC operates a regional water treatment plant and distribution system which provides water to multiple communities and users across the region. At the time of the inspection, the TMPUC employed eight operators and various managerial and administrative support staff. The majority of TMPUC operations are dedicated to the provision of potable water, but all operators perform both water and wastewater duties as needed. TMPUC customers, rates, and finances were briefly discussed during the opening conference. Water and wastewater fees were collected separately, and different flat fees were assessed for regular residential, Tribal elder residential, and commercial users. Kenny indicated a portion of TMPUC's annual budget was subsidized by federal and/or Tribal sources. 3.0 Facility Description and Site Review The facility is permitted as a no discharge facility, under the EPA Region 8 Lagoon General Permit (Permit) for North Dakota. According to the Notice of Intent (NOI) for Permit coverage: 3 x The facility servers a community of roughly 396 people in the Shell Valley Housing development. x The lagoon system was originally built in 1977 and an additional cell was added in 1980. x The average design flow to the facility is 0.015 million gallons per day (MGD) and the peak design flow is 0.0127 MGD. x The average design organic treatment capacity is 73 lbs BOD5 per day and the peak design organic treatment capacity is 93 lbs BOD5 per day. The facility is a four-cell lagoon system. The table below has the operating volume for all four cells as indicated in the NOI. Cell ID Cell 1 Cell 2 Cell 3 Cell 4 Total Area (acres) 2.43 0.53 0.5 0.33 3.79 Operating Volume (MG) 2.375 0.518 0.489 0.323 3.705 Between the opening conference and inspection of the subject facility, we inspected several other WWTFs operated by the TMPUC. Upon arriving at the facility, we proceeded to walk around the lagoon to evaluate berm integrity. Vegetation and cattails had reached a height greater than six inches on the inside of the berms as well as inside of the cells (photos 502-505). Cells 3 and 4 had little to no water in them at the time of inspection which may have been due to the transfer piping between cells 2 and 3 sticking out of the water in cell 2 (photo 503). After leaving the cells we visited the Shell Valley lift station which is in the process of being built and will divert wastewater flows toward the newly redesigned Ojibwa Millennium School lagoon. Once the lift station is operational the Shell Valley lagoon system will no longer be utilized. At the end of our inspections on August 23, 2023, we held a brief closing conference with Eric Thomas, Harold Bruce and Tyler Timmons where preliminary findings were discussed. Later in the day on August 23, 2023, the EPA sent an email to Kenny Azure with the preliminary findings from the inspection and some resources for using NetDMR. Findings, Corrective Actions and Recommendations Finding #1: Weekly lagoon inspections were not being conducted. Weekly lagoon inspections were not being conducted. The inspectors provided the facility representatives with a lagoon inspection report template form (Appendix D of the Permit) that the facility representatives could use to document the weekly lagoon inspections. Permit requirement: Part 6.5.1 of the Permit 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-bycase basis where appropriate (e.g. a lagoon located in a remote area where access is a problem during 4 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 need 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; 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." 5 Part 5.9 of the permit 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: Ensure that inspections are conducted on a weekly basis and documented in accordance with the permit. Ensure that inspection reports are kept in accordance with the recordkeeping requirements of the permit. Provide the EPA and IHS with a description of the corrective actions taken to address this finding. Additionally, if the lagoon system is going to no longer be utilized once the new Shell Valley lift station is operational, recommend decommissioning the lagoon system properly once it is no longer necessary. Finding #2: No O&M manuals were available. The permittee did not have copies of operations and maintenance (O&M) manuals and were not properly tracking O&M activities. Permit requirement: Part 6.6.1 of the Permit 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. 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 6.6.1.6. Name and title of person(s) making the log entry; 6.6.1.7. Name of the persons(s) performing the activity; 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." Corrective Action: Implement an operations and maintenance program in accordance with the permit. Ensure that maintenance logs are kept in accordance with the recordkeeping requirements of the permit. Provide the EPA and IHS with a description of the corrective actions taken to address this finding as well as relevant O&M documents from sections 6.6.1.1. thru 6.6.1.4. Additionally, if the lagoon system is going to no longer be utilized once the new Shell Valley lift station is operational, recommend decommissioning the lagoon system properly once it is no longer necessary. Finding #3: There was vegetation growing inside and around the cells. Vegetation and cattails had reached greater than six inches in height on the inside berms as well as within several of the cells (photos 502-505). Permit requirement: Part 6.6 of the Permit 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 includes 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. The Permittee shall do the following as part of the operation and maintenance program for the wastewater treatment facility... 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..." 7 Corrective Action: Remove the overgrown vegetation on the inside and around the berms in all cells in accordance with Part 6.6 and relevant subparts of the Permit. Submit to the EPA and IHS a description of corrective actions taken as well as photos of the cells after the vegetation has been removed. Finding #4: Transfer piping between cells 2 and 3 did not appear to function. Cells 3 and 4 had little to no water in them at the time of inspection which may have been due to the transfer piping between cells 2 and 3 sticking out of the water in cell 2 (photo 503). Permit Requirement: Part 6.6 of the Permit 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 includes 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. The Permittee shall do the following as part of the operation and maintenance program for the wastewater treatment facility: 6.6.1. 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. 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; 8 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." Corrective Action: Evaluate whether the transfer piping between cell 2 and cell 3 needs to be lowered to prevent an overflow from cell 2 and ensure that it is functioning as designed. Provide the EPA and IHS with a description of corrective actions taken to address this finding as well as photos showing the lowered piping. 9 NPDESInspectionReport-SeptageTreatmentFacility NationalDatabaseInformation InspectionDate:11/2/2023 InspectionType:Wastewater Entry/ExitTime:7:50am/10:50am NPDESIDNumber:COU000002 SICCode:4952 InspectionID:202311_COU000002 LeadInspectorandaffiliation:StephanieMeyers/EPARegion8 Inspectorandaffiliation:StephaniePassarelli/EPARegion8 Inspectorandaffiliation:EllenHenrichs/ColoradoDepartmentofPublicHealthandEnvironment Inspectorandaffiliation:DavidKurz/ColoradoDepartmentofPublicHealthandEnvironment Site/FacilityNameandLocation: ShirleySepticPumping 14803SWandcrestDrive Pine,CO80470 PermitInformation Isthepermitonsiteandavailable?Unpermitted DateApplicationSubmitted:Unpermitted facility facility Latitude:39.441410N Longitude:105.402687W ReceivingWater(s):Unnamed,unclassifiedditch Acreage:approximately310acres thencetoWispCreek RegulatoryInspector'ssourceofinformation:Facilityobservations AreasEvaluatedDuringInspection Permit SelfMonitoringProgram PollutionPrevention Records ComplianceSchedule Stormwater FacilitySiteReview Laboratory NoExposure Effluent/ReceivingWaters OperationsandMaintenance Other: FlowMeasurement SludgeHandling/Disposal Other: ContactInformation FacilityContacts:Primary leadandpresentduring inspection Person/Companymeeting definitionof"Operator" AuthorizedOfficial(s)(Per NOI) ReportReviewandSignature Name(s)/Title AdamShirley/Owner/ShirleySepticPumping/Primaryleadduring theopeningconference ShirleySepticPumping N/A,sincethereiscurrentlynopermitforthisfacility DrafterName Address/PhoneNumber Date U.S.EPARegion8 StephanieMeyers 1595WynkoopStreet 8ENFWNW 11/16/2023 Denver,Colorado80202 NPDESInspectionReport-SeptageTreatmentFacility ReviewerName StephaniePassarelli SupervisorSignature/Name EMILIO Digitally signed by EMILIO LLAMOZAS Date: 2023.12.18 LLAMOZAS 15:13:10 -07'00' EmilioLlamozas 3033126938 Address/PhoneNumber U.S.EPARegion8 1595WynkoopStreet 8ENFWNW Denver,Colorado80202 3033126803 Address/PhoneNumber U.S.EPARegion8 1595WynkoopStreet 8ENFWNW Denver,Colorado80202 3033126407 Date 11/21/2023 Date 12/18/2023 InspectionNarrativeandSiteDescription OnNovember2,2023,U.S.EnvironmentalProtectionAgency(EPA)inspectorsStephanieMeyersand StephaniePassarellialongwithColoradoDepartmentofPublicHealthandEnvironment(CDPHE) inspectorsEllenHenrichsandDavidKurzarrivedatShirleySepticPumping(facilityorcompany)at 7:50amtofollowuponseveralcitizencomplaintsandevaluatethefacility'sdischargestatus.The EPAledtheinspectionatthisfacility.Theinspectionwasannouncedoneweekpriortothe inspection,tocoordinatelogisticsfortheinspectionandtoensurethatappropriatepersonnelwould beavailable.TheEPAinspectorsalongwithCDPHEmetwithAdamShirley,OwnerofShirleySeptic Pumping.EPAinspector,StephanieMeyers,presentedhercredentialsandhadanopening conferencetoexplainthepurposeoftheinspection.Theinspectorsbeganbygoingthroughaseries ofquestionswithMr.Shirley.Oncecomplete,theinspectorsproceededtoinspectthefacilityand askedquestionstoMr.Shirleytohelptheinspectorsevaluatethefacility'sprocessesanddischarge status.Throughouttheinspection,theinspectorsnotedtheirobservationsinanotebook. Photographstakenduringtheinspectionareincludedintheattachedphotolog. ShirleySepticPumpingislocatedat14803SouthWandcrestDriveinPine,Colorado.Thecompany wasestablishedin1972,andinMay2022operationsbeganatSouthWandcrestDrive.Mr.Shirley statedoperationsceasedattheSouthWandcrestDrivelocationaroundearlyJune2023.EPA requestedrecordsdocumentingthelastdateseptagewasaccepted,buttodatethoserecordshave notbeenprovided(Seefinding4below).Thefacilityhasprovideddomesticseptagetreatmentfor residentialsystems.ShirleySepticPumpingservicesapproximately3,0003,500individualhomesin Park,ClearCreek,andJeffersonCounties.ThefacilityoperatedattheWandcrestDrivelocationfrom approximatelyApril2022toOctober2022andApril2023toJune2023accordingtoMr.Shirley.Also onsiteareseveralhorses,alongwithasmallcow/calfpairoperationwhereupto180cattlearekept inpensandpasturesfromapproximatelyNovembertoAprileachyear. NPDESInspectionReport-SeptageTreatmentFacility InspectionNarrativeandSiteDescription OnMarch27,2023,ParkCountyDevelopmentandServicesDepartmentissuedanoticeofviolation toShirleySepticPumpingduetooperationofawastewatertransferstationonresidentialzoned property,requiringthefacilitytoceaseanddesistalloperationsimmediately,includingtheremoval ofallequipment,storagetanks,andothermachinery.Todate,EPAisnotawareofanyfurtherletters orwrittencommunicationsissuedbyParkCountyregardingthismatter. OnJune27,2023,agroupofcitizenssentacomplaintlettertoEPARegion8citingconcernswiththe septageoperationandflowofwastewaterontoneighboringproperties. Aftertheopeningconference,inspectorsproceededtowalkthefacilitytoobservethecattleand horseoperations.Photosfromthecitizencomplaintconsistedofimagesofthecattlepens,showing arunoffpathflowingfromthepenstothenortheastcorneroftheproperty.Wheninspectorsasked Mr.Shirleyaboutthisandsharedthephotos,hehadstatedtherunoffwasduetoanimalskicking loosethewaterpipeconnectionwhichcontinuallyfeedsfromthepondstotheirwatertrough (photo573),leavingwaterflowingtothenortheastcorneroftheproperty(photo576).Inspectors walkedtothenortheastcornerofthepen,wheretheyobservedoneofaseriesofspringfedponds, whichiswherethetroughwaterispulledfrom(photo574).Mr.Shirleystatedthesepondshaveonly overflowedonceinthetimehehashadtheproperty.Acontainmentareawasbuilttopreventany stormwaterrunofffromthepensflowingintotheseponds(photo575). Inspectorsthenobservedtheseptagetreatmentsystem.Atthetimeoftheinspection,thefacility wasnotinoperationandseptagewasnotobservedbeinghauledtothesite.Basedonthe descriptionprovidedbyMr.Shirley,whenthefacilitywasinoperation,septagehaulingtruckswould arriveonsiteandbackintoanareaadjacenttothetreatmentsystem(photo578).Thetruckswould hookuptoatankwherelimewouldbedepositedandmixedinsidethetruckstoraisethepHofthe septagetoabove12foratleast30minutes.A4inchhoseisthenhookeduptothetrucksandallows septagetoflowintothesolidsshakerscreen(photo579).Theshakerscreenseparatesdebrisfrom theseptage,andanydebrislargerthan3/8inchisdepositedintoabin(photo584).Debriscollected inthisbinispickedupbyarearloadtrashtruckandthensenttoTowerLandfilllocatedinCommerce City,ColoradoorFoothillsLandfilllocatedinGolden,Colorado,howeverthiscouldnotbeverified duetolackofrecords.Septagethatisseparatedatthebottomoftheshakerscreenisthenpumped totheprimaryfractank(photo580)andthenasecondaryfractank(photo581)forstorage.pHis testedforinthesecondaryfractank.Fromthesecondaryfractank,approximately8,00010,000 gallonsofseptageispumpedintoadewateringtankonarollofftruck(photo582).Inthecylinder shapeddewateringunit,isascreenthatseparatessolidsandliquids.Flocculant(photo587)isalso addedtothedewateringunitviapumptofurtherassistwiththeseparationofsolidsandliquids.The dewateringunitrotatesforapproximately12hoursuntilsolidsaredriedandseparated.Solidsare thenemptiedfromthedewateringunittothegroundadjacenttotheunit(photos589,591,and 592).AccordingtoMr.Shirley,solidshavebeenstoredinthislocationsinceoperationsbeganatthe SouthWandcrestDrivesiteandhaveneverbeenlandappliedorhauledelsewhere.Liquidswere pumpedintoastoragetankandlandappliedviaa980foothoseandperforatedpipe,toa185acre NPDESInspectionReport-SeptageTreatmentFacility InspectionNarrativeandSiteDescription parceloflandlocatednorthwestofthetreatmentsystem(photo599).Transferhoseandperforated pipewerenotobservedbyinspectorsatthetimeoftheinspection. Inspectorsalsowalkedthehillimmediatelysouthofthetreatmentsystemtoevaluatethefacility's dischargestatus.IntheaerialphotosprovidedbycitizensinoneofthecomplaintssubmittedtoEPA, thereappearedtobealeakfromtheprimaryfractank,flowingdownthesouthernhill.When inspectorssharedthephotos,Mr.Shirleyhadtoldinspectorsthattheaerialphotosweretaken duringalargestormeventandthatthetankhasneverleaked.Inspectorsfirstwalkedtheprimary fractankanddidnotobserveanyleaksfromthetank(photo594).Inspectorsthenwalkedthe southernhillanddidnotobserveanactivedischargeofpollutants.Itappearedtheareashowninthe aerialphotosprovidedbythecitizenshadbeencoveredbylivestockmanure(photos593,596,and 598).Therewasalsoacarcassofadeadcalfdisposedofontopofthemanure(photo598). Inspectorsobservedanaturalchannel(photo597)onthesoutheastsideofthehill.Theaerialimages providedbythecitizensalsoshoweddeadtreesintheareawherethereappearedtobealeakand insidethecattlepen.Inspectorslookedcloselyatthetreesandobservedindicatorsofpinebeetles (photo595). Aftertheinspectionofthefacility,theinspectorsheldaclosingconferencewithMr.Shirleywhere theydiscussedobservationsandfutureplansforthefacility.Mr.Shirleystatedoperationswillnotbe resumingattheSouthWandcrestDrivelocation,andcurrentlycollectedseptagefromresidential systemsisbeingloadedintofractanksontrucksandsenttoMcDonaldFarmsEnterprises,awaste haulingandtreatmentcorporation.Mr.Shirleyalsoletinspectorsknowthataseptageandtrash wastetransferstationwasproposedtobeconstructednearHighway285andWandcrestParkRoad, andtherearemeetingsoccurringinDecember2023forplanningandzoningforthisproject.Mr. ShirleyhadmentionedthistransferstationcouldpotentiallyallowforaconnectiontotheWillO WispMetroDistrictwastewatertreatmentfacility. Afterleavingthefacility,inspectorsdrovesoutheastdownBrooksideDrive,whichistheroadtothe southandsouthwestofthefacility,toobserveWispCreek.WispCreekflowsfromnorthtosouth andthenwesttosoutheasttotheNorthForkSouthPlatteRiver.WispCreekisalsolocated approximately0.35milesdownhillfromthefacility. Findings,CorrectiveActions,andRecommendations Finding1:Someofthestoredtreatedseptagesolidswerenotcontainedatthefacilityandwillreach the2yearstoragelimitinApril2024. Inspectorsobservedapileoftreatedseptagesolidsadjacenttothedewateringunit,thatwerenot containedbytheconcretejerseybarriersurroundingthepile(photos589,591,and592).Thereisa concernedthatthetreatedseptagesolidsthatarenotcontainedbytheconcretejerseybarriercould runoffdownthehillduringprecipitationevents.Mr.Shirleyhadalsoinformedinspectorsthatthis pilewasatotalaccumulationofsolidssinceApril2022. NPDESInspectionReport-SeptageTreatmentFacility Findings,CorrectiveActions,andRecommendations Ifsewagesludgeremainsonlandforlongerthan2years,thislandisconsideredanactivesewage sludgeunitandthesurfacedisposalrequirementsin40C.F.R.503havetobemet.Anactivesewage sludgeunitisthearea,trench,wastepile,orlagoonwheresewagesludgeiscurrentlybeingplaced. Pleasenote,however,thatsewagesludgecanremainonthelandforlongerthan2years,butthe personwhopreparesthesewagesludgemustdemonstratethatthesiteisnotanactivesewage sludgeunit.Thedemonstrationmustincludethefollowinginformation: x thenameandaddressofthepersonwhopreparesthesewagesludge; x thenameandaddressofthepersonwhoeitherownsthelandorleasestheland; x thelocation,byeitherstreetaddressorlatitudeandlongitude,oftheland; x anexplanationofwhysewagesludgeneedstoremainonthelandforlongerthan2years priortofinaluseordisposal,orwhyasiteisusedforlongerthan2yearstostorebatchesof sewagesludgeforlessthan2years(e.g.,storageofindividualbatchesofsewagesludgefor severalmonthsduringagiven2yearperiodbeforefinaluseordisposal);and x theapproximatetimewhensewagesludgewillbetransferredfromstoragetotheirfinaluse ordisposaldestination. Thisdemonstrationinformationmustberetainedbythepersonwhopreparesthesewagesludgefor theperiodthatthesewagesludgeremainsontheland. RegulatoryInformation: 40C.F.R.503.9(y)Storeorstorageofsewagesludgeistheplacementofsewagesludgeonlandon whichthesewagesludgeremainsfortwoyearsorless.Thisdoesnotincludetheplacementof sewagesludgeonlandfortreatment. 40C.F.R.503.20Applicability.(a)Thissubpartappliestoanypersonwhopreparessewagesludge thatisplacedonasurfacedisposalsite,totheowner/operatorofasurfacedisposalsite,tosewage sludgeplacedonasurfacedisposalsite,andtoasurfacedisposalsite. (b)Thissubpartdoesnotapplytosewagesludgestoredonthelandortothelandonwhichsewage sludgeisstored.Italsodoesnotapplytosewagesludgethatremainsonthelandforlongerthantwo yearswhenthepersonwhopreparesthesewagesludgedemonstratesthatthelandonwhichthe sewagesludgeremainsisnotanactivesewagesludgeunit.Thedemonstrationshallincludethe followinginformation,whichshallberetainedbythepersonwhopreparesthesewagesludgeforthe periodthatthesewagesludgeremainsontheland: (1)Thenameandaddressofthepersonwhopreparesthesewagesludge. (2)Thenameandaddressofthepersonwhoeitherownsthelandorleasestheland. (3)Thelocation,byeitherstreetaddressorlatitudeandlongitude,oftheland. (4)Anexplanationofwhysewagesludgeneedstoremainonthelandforlongerthantwoyearsprior tofinaluseordisposal. (5)Theapproximatetimeperiodwhenthesewagesludgewillbeusedordisposed. CorrectiveActions: Collectthetreatedseptagesolidsthatovertoppedtheconcretejerseybarrierandplacethemina containedarea.Providephotosofthecorrectiveactionsimplementedtoaddressthisfinding. Properlydisposeof,orlandapply,thesewagesludgestoredforgreaterthan2yearsasrequiredby NPDESInspectionReport-SeptageTreatmentFacility Findings,CorrectiveActions,andRecommendations 40C.F.R.503.Alternatively,providethejustificationtostoresewagesludgeforgreaterthan2years asrequiredby40C.F.R.503.20(b).Foranyquestionspertainingtothisrequirementorthe40C.F.R. 503regulatoryrequirements,pleasecontactSethDraperwithEPARegion7atdraper.seth@epa.gov. Finding2:Pilesofmanureweredispersedthroughouttheproperty. Inspectorsobservedlargepilesoflivestockmanurestockpiledinseveralareasatthefacility, includingsouthoftheprimaryfractank(photos593,596,and598)andnearthecattlepen. Recommendation:Ensuremanurestockpilesarecontainedorapplymanuretolandapplicationsites atagronomicrates.Ensurebufferareasareestablishedaroundwaterwellswhenlandapplying,if applicable. Finding3:Therewasacalfcarcassdisposedofonsite. Inspectorsobservedacalfcarcassdisposedofoutintheopenontopofapileofmanurejust southeastoftheprimaryfractank(photo598). Recommendation:Properlycoverthecarcassandensurethatanyfuturemortalitiesaredisposedof orproperlycomposted.Ensuremortalitiesarelocatedawayfromsurfacewatersandpreventrunoff fromcomingintocontactwiththemandthenflowingoffsite. Finding4:AresponsetotheJune29,2023RequestforInformationletterhasnotbeensubmittedto EPA. OnJune29,2023,theEPABiosolidsCenterlocatedinEPARegion7issuedaRequestforInformation letterpursuanttoSection308oftheCleanWaterAct.Thisletterrequestsinformationpertainingto thefacility'scompliancewithbiosolidsregulations.AresponsetotheletterwasdueonJuly29,2023. Todate,Mr.Shirleyhasnotsubmittedaresponsetotheletter. RegulatoryInformation: Section308oftheCleanWaterActstates,"(a)Maintenance;monitoringequipment;entry;accessto information. Wheneverrequiredtocarryouttheobjectiveofthischapter,includingbutnotlimitedto(1) developingorassistinginthedevelopmentofanyeffluentlimitation,orotherlimitation,prohibition, oreffluentstandard,pretreatmentstandard,orstandardofperformanceunderthischapter;(2) determiningwhetheranypersonisinviolationofanysucheffluentlimitation,orotherlimitation, prohibitionoreffluentstandard,pretreatmentstandard,orstandardofperformance;(3)any requirementestablishedunderthissection;or(4)carryingoutsections305,311,402,404(relating toStatepermitprograms),405,and504ofthistitle (A)theAdministratorshallrequiretheowneroroperatorofanypointsourceto(I)establishand maintainsuchrecords,(ii)makesuchreports,(iii)install,use,andmaintainsuchmonitoring equipmentormethods(includingwhereappropriate,biologicalmonitoringmethods),(iv)sample sucheffluents(inaccordancewithsuchmethods,atsuchlocations,atsuchintervals,andinsuch NPDESInspectionReport-SeptageTreatmentFacility Findings,CorrectiveActions,andRecommendations mannerastheAdministratorshallprescribe),and(v)providesuchotherinformationashemay reasonablyrequire;and (B)theAdministratororhisauthorizedrepresentative(includinganauthorizedcontractoractingasa representativeoftheAdministrator),uponpresentationofhiscredentials (i)shallhavearightofentryto,upon,orthroughanypremisesinwhichaneffluentsourceislocated orinwhichanyrecordsrequiredtobemaintainedunderclause(A)ofthissubsectionarelocated, and (ii)mayatreasonabletimeshaveaccesstoandcopyanyrecords,inspectanymonitoringequipment ormethodrequiredunderclause(A),andsampleanyeffluentswhichtheowneroroperatorofsuch sourceisrequiredtosampleundersuchclause. CorrectiveAction: PursuanttoSection308oftheCleanWaterAct,aresponsetotheletterissuedonJune29,2023is required.PleaseprovidearesponsetotheEPABiosolidsCenteruponreceiptofthisreport.Please submityourresponsetoSethDraperatdraper.seth@epa.gov.