Waste Not Discharged Rule Revisions

1
Waste Not Discharged Rule Revisions

• Kim H. Colson, PE
• Division of Water Quality
• Land Application Unit
• Proposed Adoption of Subchapter 2T

2
Waste Not Discharged Rule Revisions

• Systems covered by existing 2H .0200
• Collections Systems
• Non-Discharge Wastewater Systems
• Wastewater disposal
• Reclaimed water utilization
• Animal Waste Management Systems
• Wastewater Residuals
• Remediation
• Groundwater remediation
• Soil remediation

3
Waste Not Discharged Rule Revisions

• Rule Schedule
• Information Item to WQC Dec, 2004
• Advisory Groups Beginning in January, 2005
• Action Item for WQC - Public Process
• Action Item for EMC - Public Process
• Public Hearings - late October, 2005
• EMC - Final Approval
• RRC
• Rules Effective

4
Waste Not Discharged Rule Revisions

• Why Revise?
• Editorial Updates
• Incorporate Existing Procedures
• Federal Regulations
• Deemed Permitted Additions
• Consistency Between Programs
• Future Rule Making
• Make Clearer / Easier to Read

5
Waste Not Discharged Rule Revisions

• Existing Format Example - 2H .0205 (Application
  Requirements)
• First adopted (1976) - 2 pages
• Present - 12 pages
• General
• Sewers
• Subsurface disposal
• Spray irrigation
• Residuals
• Soil Remediation
• Etc

6
Waste Not Discharged Rule Revisions

• Proposed Format
• Elevate Current Section (2H .0200) to Subchapter
  (2T)
• 16 Sections Will Replace Current Section
• General Section (2T .0100)
• 15 Program Sections (2T .0200 - .1600)
• Benefits
• Program Criteria in One Location
• Meets Current Rule Requirements
• Future Rule Making More Focused

7
Waste Not Discharged Rule Revisions

• Program Sections
• Scope
• Definitions (Program Specific)
• Permitting By Regulation
• Application Requirements
• Design Criteria
• Setbacks
• Other Program Specific Rules

8
Waste Not Discharged Rule Revisions

• Program Modification Proposals
• Definitions
• Agronomic rates - now all based on Realistic
  Yield Expectations
• Consistency in use of terms (e.g. stream)
• References to Other Rules
• 2L .0100 and .0200 Groundwater Standards
• 2H .0900 Pretreatment
• 2B .0100 and .0200 SW /Standards
• 2B .0500 Monitoring and Reporting

9
Waste Not Discharged Rule Revisions

• Program Modification Proposals
• General Requirements (2T .0105)
• Acceptance of professional certifications
• Allowance to modify compliance boundary
• Consideration of endangered species
• Closure of waste treatment systems

10
Waste Not Discharged Rule Revisions

• Program Modification Proposals
• Permitting By Regulation (2T .0113)
• Program specific activities moved to program
  specific rules
• Added all deemed activities in 2H .0100
• Mobile car washes
• Use of mine tailings
• Produce washing on farms
• Wastewater Design Flow Rates (2T .0114)
• Criteria for facilities not addressed
• Reductions based on wastewater flow

11
Waste Not Discharged Rule Revisions

• Program Modification Proposals
• Historical Considerations in Permit Approval (2T
  .0120)
• Would prohibit issuance of a permit for new and
  expanding operations if the applicant
• Was convicted of an environmental crime
• Has previously abandoned a WWTF
• Has not paid a civil penalty assessment
• Currently in violation of an Order
• Has not paid an annual fee
• Variances must be approved by the Director

12
Waste Not Discharged Rule Revisions

• Program Modification Proposals
• Pump and Haul
• Industrial deemed
• Sewer line extensions
• Reflects current fast-track process
• Address pressure sewers specifically
• Standby power requirements
• Collection Systems
• Fats, Oil and Grease program for deemed
  facilities
• Retain records for 3 years

13
Waste Not Discharged Rule Revisions

• Program Modification Proposals
• For Most Domestic Wastewater Disposal Systems
• Effluent limitations - scheduled implementation
• Modifications to submittal requirements
• High-rate Disposal
• Definition change
• Setbacks performance based

14
Waste Not Discharged Rule Revisions

• Program Modification Proposals
• Reclaimed Water Systems
• More activities available for local program
  approval - recommend no action on this item
• Language to address wells inside compliance
  boundaries

15
Waste Not Discharged Rule Revisions

• Program Modification Proposals
• Residuals Management
• Incorporation of Federal 503 requirements
• Deemed permitted Class A and water treatment
  plant land application sites
• Industrial biological residuals required to meet
  503 quality and treatment criteria
• Coal Combustion Products specifically addressed

16
Waste Not Discharged Rule Revisions

• Program Modification Proposals
• Closed-loop Recycle
• Deemed permitted contained (no earthen basins)
  and covered recycle vehicle wash systems and also
  concrete recycle facilities
• Animal Waste Management Systems
• Incorporation of Federal rule changes applicable
  to larger operations
• Manure Haulers
• Covers land application of animal waste not
  covered by an animal waste permit
• Deemed permitted with reporting for larger
  operations

17
Waste Not Discharged Rule Revisions

• Program Modification Proposals
• Soil Remediation
• Broadened to allow for non-petroleum contaminated
  soils
• Closure requirements
• Groundwater Remediation
• Closure requirements
• Address innovative technology