Document rxX4BVnzRv8yjjk9L3JLMaZV7

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: 9:57 am-10:00 am, August 23, 2023 NPDES ID Number: NDG589411 NAICS Code: 221320 Inspection ID: 202308_NDG5890411 Lead inspector and affiliation: Brit Rustad / EPA Region 8 Inspector and affiliation: Akash Johnson / EPA Region 8 Facility Location Information Site/Facility Name & Location: Rec. Area and Manufacturing Wastewater Treatment Facility Lat/Long: 48 49' 3.44" N, 99 47' 42.74" 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): 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: 2023.12.07 07:30:37 -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 21, 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: 2023.12.06 17:13:34 -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 Recreation Area and Manufacturing 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 as well as its original lift station are no longer in service as the new Manufacturing lift station was recently installed to direct all flows to the Ojibwa Millennium School lagoon system. 3 According to the NOI the lagoon system was originally built in 1975 and additional cells were added in 1995. 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) 2.0 2.0 1.0 1.0 6 Operating Volume (MG) 1.955 1.955 0.977 0.977 5.864 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 inspected the old lift station that was no longer in use (photo 494) as well as the perimeter of the lagoon. Vegetation had reached a height greater than six inches in and on the berms (photo 493). Additionally, because the lagoon was no longer in use the cells had dried up and sludge could be seen exposed in most cells (photo 493). 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 and Corrective Actions Finding #1: The lagoon was dry. The lagoon was no longer receiving wastewater, the cells were dry, and sludge had not been removed from the lagoon and was exposed to the atmosphere (photo 493). No active wastewater or sludge treatment was occurring or was planned to occur at the lagoon, so the lagoon cells were serving as de facto biosolids surface disposal or land application sites; however, applicable regulatory requirements for either approach had not been met. Permit Requirements: Part 6.7 of the Permit states, "Collected screenings, grit, solids, sludge (including sewage sludge), or other pollutants removed in the course of treatment shall be buried or disposed in a manner consistent with all applicable federal and tribal regulations (e.g., 40 CFR Part 257, 40 CFR Part 258, 40 CFR Part 503)..." Regulatory Requirements: 40 CFR Part 503.1 (Purpose and Applicability) states: (a) Purpose. (1) This part establishes standards, which consist of general requirements, pollutant limits, management practices, and operational standards, for the final use or disposal of sewage sludge generated during the treatment of domestic sewage in a treatment works. Standards are included in this part for sewage 4 sludge applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator. Also included in this part are pathogen and alternative vector attraction reduction requirements for sewage sludge applied to the land or placed on a surface disposal site. (2) In addition, the standards in this part include the frequency of monitoring and recordkeeping requirements when sewage sludge is applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator... (b) Applicability. (1) This part applies to any person who prepares sewage sludge, applies sewage sludge to the land, or fires sewage sludge in a sewage sludge incinerator and to the owner/operator of a surface disposal site. (2) This part applies to sewage sludge applied to the land, placed on a surface disposal site, or fired in a sewage sludge incinerator. (3) This part applies to the exit gas from a sewage sludge incinerator stack. (4) This part applies to land where sewage sludge is applied, to a surface disposal site, and to a sewage sludge incinerator... The full text of 40 CFR Part 503 can be accessed here: https://www.ecfr.gov/current/title-40/chapterI/subchapter-O/part-503 EPA Guidance: A Plain English Guide to the EPA Part 503 Biosolids Rule, Chapter 2 (Land Application of Biosolids), states: Land application is the application of biosolids to land to either condition the soil or to fertilize crops or other vegetation grown in the soil... Biosolids applied to the land must meet risk-based pollutant limits specified in Part 503. Operational standards to control disease-causing organisms called pathogens and to reduce the attraction of vectors (e.g., flies, mosquitoes, and other potential disease-carrying organisms) to the biosolids must also be met. In addition, there are general requirements, management practices, and frequency of monitoring, recordkeeping, and reporting requirements that must be met... A Plain English Guide to the EPA Part 503 Biosolids Rule, Chapter 3 (Surface Disposal of Biosolids), states: The Part 503 rule defines an activity as surface disposal if [biosolids] are placed on an area of land for final disposal. Some surface disposal sites may be used for beneficial purposes as well as for final disposal. Owners and operators of surface disposal sites and anyone who prepares biosolids for final disposal of only biosolids on a surface disposal site must meet the requirements in Subpart C of the Part 503 rule. These requirements are described in this chapter. 5 Surface disposal sites include monofills, surface impoundments, lagoons, waste piles, dedicated disposal sites, and dedicated beneficial use sites... Surface impoundments and lagoons are disposal sites where biosolids with a high water content are placed in an open, excavated area. If lagoons are used for treatment, they are not considered surface disposal sites... An activity is considered storage if biosolids are placed and remain on land for 2 years or less. If biosolids remain on land for longer than 2 years, this land is considered an active [biosolids] unit and the surface disposal requirements in Part 503 have to be met. An active biosolids unit is the area, trench, waste pile, or lagoon where biosolids are currently being placed. Please note, however, that biosolids can remain on the land for longer than 2 years, but the person who prepares the biosolids must demonstrate that the site is not an active biosolids unit... The full text of A Plain English Guide to the EPA Part 503 Biosolids Rule can be accessed here: https://www.epa.gov/biosolids/plain-english-guide-epa-part-503-biosolids-rule The EPA's webpage on biosolids can be accessed here: https://www.epa.gov/biosolids Corrective Action: Evaluate options for use, disposal, or additional treatment of sludge in the lagoon, determine a desired course of action, and proceed in accordance with the requirements of 40 CFR Part 503 other applicable regulatory requirements. Additionally, evaluate other aspects of decommissioning of the lagoon in accordance with other applicable regulatory requirements and industry best practices. In a response to the EPA, provide a narrative explaining the outcome of this evaluation and the TMPUC's plan for allowable use, disposal, or additional treatment of sludge in the lagoon and overall decommissioning of the lagoon. Finding #2: 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 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 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." 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 7 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 lagoon 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. Consider evaluating terminating this permit after properly decommissioning the lagoon in accordance with Finding 1. Finding #3: 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; 6.6.1.6. 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 8 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. Consider evaluating terminating this permit after properly decommissioning the lagoon in accordance with Finding 1. Finding #4: There was vegetation growing inside and around the cells. Vegetation had reached greater than six inches in height inside the perimeter fence (photo 493). 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..." 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. 9