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HomeMy WebLinkAbout2008-11-10 Applicant Ltr to OPH XcelEne-ra d 10f."Oe 414 Nicollet Mail Minneapolis, Minnesota 55401-1993 November 10, 2008 Eric A. Johnson Cit Administrator 14168 Oak Park Blvd N. Oak Park Hei Re: Xcel Ener Kin Ash Disposal Facilit Response to 1115108 NAC information re Dear Mr. Johnson: In response to the NAC letter dated 1115108, Xcel Ener is providin the followin information: MPCA 1995 Solid Waste Permit: The A.S. Kin Solid Waste Permit ( SW-54 ) issued on 3117197 is enclosed. This permit was incorrectl referenced as the 1995 permit" based upon it's 1995 application date. Structural an sis Xcel Ener has relied upon cit anal for the official utilit structural anal Xcel Ener did not riaceive an official transmittal of this anal The issuance of the 1996 CUP and 2006 Amended CUP is our onl reco for acceptable conditions. Both of these documents reference permit drawin containin a peak elevation of 847.5. No new information has since been g enerated which would justif a chan from this earlier anal Please call me if y ou have q uestions re this submittal. Sincerel Chuck Donkers Env Anal cc Scott Richards NAC Mar Smith Kin Plant ES Rec Ctr r t # ��. �: .�� �. ��` .'° ��, c y NSP A. S. KING ASH LANDFILL MODIFICATION AND REISSUANCE OF PERMIT SW-054 FOR THE CONS'T'RUCTION AND OPERATION OF AN INDUSTRIAL SOLID WASTE LAND DISPOSAL FACILITY DATED: MARCH 18, 199' Minnesota Pollution Control Agency 520 Lat dye to Road Nosh St. Paul, Minnesota 55155 CID A 7 LISP A. S. DING ASH LANDFILL MODIFICATION AND REISSUANCE OF PERMIT SW -054 FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL SOLID WASTE LAND DISPOSAL FACILITY TABLE OF CONTENTS Part I. Location and C onstruction ..... .......................................................... .............................. A. Location ..................... < ... < ................................................................... ............................... l B. Facility Description... v a ............................. • ......... ► ............... • ....................... • • ........... • ....1 volw C ............ <.s.a.. a <v........ • ................ • ...........•.......caeec...... ■........ .•............................. I Final Contours ................................................ ................................ ......... ............................... 2 C. Plans and Specifications .................................................................. ............................... • ..2 1 . Approved Plans ..... < ........................................................................ ..............................2 2 . Re ■ ised Plans ....... • .. a ... a ...................... • ................ e e . c . e e . c .................. ..............................3 D. Waste Characteristics..... . . ........................................ c .... — ............... ............................... 3 E. Facility Construction ........................................................................... ..............................3 1. Liner and Leachate Collection System ............................................ . .............................3 2. Leachate Sump System ...................... ............................... . ............ ..............................3 3. Surface Water Control Structures ............................... < < < , ............ ............................... 3 F. Construction Quality Assurance /Quality Control ............................... ... ..............................4 G. Construction. Inspection.... . ....... ........................................................... ..............................4 1. MP CA Inspection ....... ....................... • ........................................... ..............................4 2. P ermittee Inspection... ........................................... ................ .............................. 4 . .4 H. Construction Certification ............. . .................................................. ............................... . I. Alterations and Additions.... .................... m .............. M . M .......................... m ............................... 4 Part II. Operating Requirements ........... ........... ............ ..... ...4 A. Personnel .................. ...................... . .................................. .............................. . ................ 4 B . Manuals .............................................................................................. ..............................5 ' :5 C . Financial Assurance ............ e .............. ............................... < . . . . . . . . . . . . . . ............................... . D. Equipment ......................................................................................... ............................... 5 .E. Phase Development.. . .............. . ........................... . ................. s ....... ............................... 5 F . Frost Protection ................................ ............................ < , ................. . .............................. 5 G . Snow Removal ......................... ............ ................... • ..................... • • ......... • ........ .............. 5 H. Permanent Markers ........................... ............................... . .................. ..............................6 I. Leachate Pipe Maintenance ................................................................... ..............................6 J. Leachate Management ........... ......... ............................... ..................... ............................... 6 1. Utilization as Conditioning W titer .......... ... ............................ < ............. , ....................... . 6 2. Disposal and Treatment Through the MWCC ................................. ..............................6 3. Utilization as Dust Abatement in Active Cells ............ a < . ... ... . . . . . . . . . .. ............................... 6 K. Cover Requirements .. e ................... ............................... • <................... ............................... 6 1. Intermediate .... ............................... . ........................ • ................... ............................... . 6 2. Final...... ..............................•.....................................<.<...<............. ..............................6 L. Operating Record ............. < ............................... , . ............................... < ............................. . .7 M. General Inspection Requirements ........................................................ ..............................7 N . Remedial Measures ........................................................................... ............................... Part 111 . Monitoring ......... .•v.\• a.a eo v ...6. a. 9a...° woo► too ...... . a. r\ 9 •vv9v.o.a °°.a....a0v►ovv....... 9.. v... f r.. 0... o V..a a 7 A. Monitoring System ..... r.......... a............ a ....................ao°...a..................... ............................a.7 T 1: Water Monitoring System Summary .. 4 ..... • . • .... • ....... v ...... ................ / .............. 8 B. Monitoring Parameters and Schedule a •.... r ...... • .... • .................... .......................... • .. • 8 Table 2: Analytical Para meters .............................. • ............. • ................. • .... a .......... r f ....... r .. v ...... 8 C . Mo Sc y ....... o.ao.....•... v. r..raf...•rr° .. ...........................•... .................•............f Table ■ Monitoring Sc . a. oo.. e. e...°...°....°...... v.... v....... vooe.. o... vo.•..•. a.. a..°. ..r.• .............a°........•.. D . Mo Protocol ... ...... 9vv aa°...........■......... r...... a....vvv ev... vv•. a.. v........• ....o.a....r..or•.•o........... 1 0 E . Sampling Noti ............... r................................. a ..... 9 a. a. a.... r....•. ...................•.........10 F. Modification to the Monitoring System ..... .. ... o . a ...... .... ... .......... ..... ........ .. .. .. ......... . 10 ... \. • o• • s v 1. MP CA's Right to Modify .. o ► 0000 ° . • 0000. ► • . • • • ... r v . e . • .. v v o 0 o e e v • v o v .. v • 0000.. • ► . • ► . v 0000 v a v .. • • 0000 ► ... r . v .. ► • ... 1 . 2. P ermittee s Right to modify ...... . ..... ■ ■ ■ .. • ... . • .. a .. . • . a . a . a 0 0 . . a . .. 9 \ .... . ... .. ■ f 0 0 4 9 ...... ■ • 0 • • . • • .. ■ . ► 0 .. r . \ 0 1 G �'� ` . compliance B oundanes a.. ocvv► ev• es... r.■ r./. sa•••.►•. a. a.•••\... va• o .r►r.v9.9•.v•v9►•v...r••v9v•.•. . 11 H . Performance Standards ...... 9 .. 9 .......... \ r . r ............... • . • .... a . . ..... • .......... • .. • • ...................11 Table 4: Water Quality Performance Standards Applicable at the Surface Water Compliance Boundary ............... v ..........►.\ .... ...........•..a.. 99 9....... .......a......................\ 1 1 Table 5: Water Quality Performance Standards Applicable at the ground Water Compliance Boundary ....... • .... r ........ o r . 4 o o a a o . e e e v • 9 . ► r .. / ► o r .. o ...... ... a . • ... v • r .. 9 v • .. v v .. ° ... a .... o a . ° o . ° r . .. a ........ ■ .. r ...... • . • ... 9 e c Table 6: Surface Water Quality Standards Applicable to the Unnamed Wetland above P erro Creek ......... • ............. o. o..vvo. v.va•.... a.....•.... v.....•...•.... r....•... v... v. 9. v•..............•.. .•............................. 1 3 Part ■ ■ Report .• ............... a.•........•.. f....................°fr...... 9... v.......... v..... •........................••.... 13 A. Water Quality and Leachate Monitoring Reports .... • ............................... • ..................... r ..13 B. Annual Report .......... aoaeo....... \0000• ► ................. Part V. Air Quality Protection . 99.•.. 9. f .......... ....... .............•.. aa9aa... 99 9.... aa►..\ .•....•....... r...............• 15 PaPart �V�"�'' y} and J'� (� � �j �''°�! lam'{ 4 ■ 1. Closure �.4J4 d Postclos �.{�E a Aare .......................................... c 9 r . o ....................... • ...... 9 .... a 15 A . Closure ■... .................. .................•..■....••. o ... ay .... a y.vo 9.... v...... ...•........................... 15 B . Postclosure..•... r .............. v . v .................... ...•...........•....a.v........ 990.......roo .............................16 1. Lo n g -term Cf.i..Re Measures ..................a ..•r a................. a9....... c•. v. o •.9.0••...........•ro.v.fa...ao l� 2. Routine Monitoring and Reporting .... • . ° . v ... 9 .. • .. f ... v 9 ... 4 . • v a . v . 0 ........... f .... v ... • ........ a . f ... ° .... a ■ 16 L/ . Ultimate L and Use ..... v.. v. eevsoarA9••. e. a.. f. i. f. v. v....... r.•••\ a.• 9a. eo.. o9. Devoe ev..... ays .a...ev..••....r...•r..v•rve.e. 16 D Closure Certification .• v o. a e c v v o. o► o. v .. a .. r .. r. •.•....... a.....•°.......... a.. ..•f..........\. .....• ..................•....15 P art V IEL G ener al Co a... o... oo.r.• ...................a.v.°.°. a... v.. v.°. a.......•... v.. ........•...................... 16 Date Issuance ........... a... a....vv ce.. 9 .................°.................r......... a. cca9..... .............•......f.. \...v.v. 19 MODIFICATION AND REISSUANCE OF PERMIT SW -054 w FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL SOLID WASTE LAND DISPOSAL FACILITY In accordance with Minnesota Statutes chapters 115, 115A, 115B, and 116, and Minnesota Rules chapters 70001 7001, and 7035, the Minnesota Pollution Control Agency (MPCA) hereby issues this permit to: Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 This P p ermit authorizes Northern States Power Company (NSP or Permittee) to construct and operate the NSP A. S. Ring Ash Landfill (Facility) under the conditions set forth in this permit. The determination to issue this permit is discretionary with the MP CA and was made subsequent to MP CA staff review of the permit application. Part I. Location and Construction A. Location. The Facility authorized by this permit will be located on a 43 acre parcel in Section 3, T29N, R20W, Oak Park He ights, Washington County, Minnesota. The Facility is located just southwest of the intersection of Minnesota Highways 36 and 95 on Beach Road. B. Facility Description. The Facility authorized by this permit is an industrial solid waste land disposal facility. The Facility was originally permitted on October 8, 1971, for the disposal of 1,500,000 cubic yards of slag in an abandoned gravel pit (Moelter Pit). The permit was modified on March 27, 1979, for the continued disposal of slag and fly ash. The permit was amended on August 6, 1985, for the continued disposal of slag and ash i.n Phases III, IV and V for an overall design capacity of 2, 100,000 cubic yards. On January 3, 1994, the permit was modified and reissued to authorize the continued operation of Phase IV, Cell 4, and the construction and operation of Please V, Cells 1 and 2. This permit authorizes an additional modification to a portion of the closed Phase I and II fill areas so that Minnesota. Department of Transportation (NInDOT) may purchase the land, remove some of the waste, and construct a realignment of Highway 36. While NhiDOT may be the landowner of a portion of the Facility, NSP shall remain liable for the conditions set forth in this permit. The extent of MnDOT's liability and responsibility are set for in the "Administrative Purchase Agreement" and the "Agreement for Closure of Portions of A.S. Ding Coal Ash Disposal Facility" which are incorporated as Approved Plans under this permit. This permit will also authorize NSP to revise the phase development of the Facility by deleting Phase V. Cell 2 and expanding the Facility to include Phase VI, Cells 1 through 6. The Facility will be constructed as described in Part I.E. of this permit. VOLUME CAPACITY: The January 3, 1994, permit authorized the continued development of the Facility to an airspace capacity of 2,100,000 cubic yards. It is anticipated that MnDOT will remove approximately 200,004 cubic yards of slag and fly ash from Phases I and II, and that NSP will remove approximately 40,000 cubic yards of slag and fly ash during the development of Phase VI.. The removed slag and fly ash may be utilized, if appropriate, under other permits held by NSP. A portion of the excavated slag and fly ash may be re- disposed in Phase V. Exact quantities of waste removed, utilized and re- disposed will not be mown until development has been completed. Deleting Phase V, Cell 2 removes 232,000 cubic yards of airspace, while the proposed Phase VI adds 444,420 cubic yards of airspace. NSP estimates the final airspace of the Facility to be 2,091,820 cubic yards. This permit authorizes the continued development of the Facility such that the previously permitted airspace capacity of 2,100,000 cubic yards is not exceeded, FINAL CONTOURS. This permit does not authorize the disposal of any solid waste and cover materials beyond the final contour shown on the approved Final Cover Contours plan (plan sheet 7) signed November 14, 1995, provided MnDOT proceeds with the construction of the Highway 36 realignment. In the event that the Highway 35 realignment does not occur or the 200,000 cubic yards of slag and fly ash is not excavated and removed, this permit limits the development of the Facility to the completion of Phase VI, Cell 4. Additional capacity may be granted through future modifications of the permit. C. Plans and Specifications. 1. APPROVED PLANS. The Permittee shall construct the Facility authorized by this permit in accordance with the "approved plans" which consist of Application for Permit Modification prepared by wenck Associates, Inc, (Wenck) dated November 1995, including, but not limited to: Design Report with plan' sheet I through 20; Operation and Maintenance Plan; Leachate Management Plan; and, Closure, Post - Closure, Contingency Action and Financial Assurance, which includes the Closure Plan for the portion of the Facility purchased by MnDOT. Responses to Comments on Technical Adequacy prepared by NSF dated April 30, 1996. Administrative Purchase Agreement between MnDOT and NSP dated July 15, 1996. Agreement for Closure of Portions of the A. S. King Coal Ash Disposal Facility between MnDOT, NSP and MPCA dated July 15, 1995. Deeds for NSP Acquired Properties provided by NSP in correspondence dated January 7, i 1997. The approved plans are incorporated into this permit. In addition, the approved version of all pending submittals required by this permit are incorporated into this permit. In all cases where the permit and submittal differ, the requirements of the permit shall govern over a condition in a submittal. The approval by MPCA of the plans and specifications shall not release the Permittee from any present or subsequent requirements of statutes, rules, regulations, or ordinance. 2 2. REVISED PLANS. Any revised puns shall be submitted for approval by the Commissioner within 90 days of the permit issuance. The Permittee must obtain approval by the Commissioner of all revised engineering plans prior to construction of the Facility. The engineering plans shall be altered only for the purpose of clarification and ease in bidability and constructability and should therefore not materially alter the content of the permit application. Revised plans must be consistent with Minn. R. 703 5 � 15 90 to 703 5.25 00. D . waste Characteristics. As of September 11, 1995, approximately 1,489,300 cubic yards of solid waste and cover materials have been placed in Phases I through V. This permit authorizes the disposal of an additional 610,700 cubic yards up to a total of 2,100,000 cubic yards of compacted in place nonhazardous industrial solid waste consisting of solids from the A.S. Ring Generating Plant, inclusive of intermediate an final cover. The Permittee may dispose of fly ash, slag, slag fines and ash contaminated wastes such as masks, suits, etc. This permit does not authorize the placement of any other wastes at the Facility unless permission is requested from and approval is given by the Commissioner. This permit does not authorize the placement of mixed municipal solid waste (MSW), MSw combustor ash or hazardous wastes. E. Facility Construction. The Facility authorized by this permit will be constructed in phases as discussed in the approved Design Report. The following major construction components must be completed and certified prior to requesting authorization to receive waste. 1. LINER AND LEACHATE COLLECTION SYSTEM. The Permittee shall install a liner and leachate collection system beneath the industrial solid waste disposal area in accordance with the ap tans. The liner shalf compatible with the waste and leachate, and shall retain Pp p its efficiency througYiout the postclosure care period. The Permittee shall install a tvvo foot thick layer of compacted clay soil with a permeability not greater th= l x 10 cm/sec. Installation of a high density polyethylene (BDPE) liner with a minun thickness of 60 mil shall follow. A drainage layer with a minim thickness of 12 inches consisting of graded material as specified in the approved - plans shall be placed over the entire liner. The drainage la er shall have a m inimum coefficient of permeability of 1 x 10 " cmisec. within the drainage Y layer, the Permittee shall install 6 -inch diameter perforated collection pipes located in V-- notched trenches. The collection pipes shall be covered with a mound of coarse filter aggregate to promote drainage. 2. LEACHATE SUMP SYSTEM. The Permittee has installed a leachate collection sump in Phase V which consists of a six foot deep depression in the liner system with a total volume of 14,466 cubic feet. The sump is filled with coarse aggregate to yield a leachate storage volume of 31,000 gallons. The sump may be accessed for monitoring and maintenance through a manhole constructed directly over the sump, and through side slope riser pipes. Leachate collection lines in Phase VI may be routed to the Phase V sump or, if feasible, a similar sump may be installed in Phase VI. 3. SURFACE WATER CONTROL STRUCTURES. A surface drainage ditch system shall be constructed in accordance with the approved plans. In addition, the Permittee shall construct 3 and maintain two sedimentation ponds on the southern portion of the Facility and one on the eastern portion of the Facility. The ponds shall be const upon closure of the effected draina area. F � Construction Quality Assurance /Quality Control. Throughout construction or repair of the liner, the leachate collection system, leachate sump system, and final cover system, the Permittee shall follow the approved Construction QA/QC Plan. The Permittee shall conduct all testing in accordance with the verification procedures outlined in the approved plan, and shall submit the test results to the Commissioner for review and approval as part of the construction certification described in Part I.H. below. The liner and cover slopes must be surveyed and stared during construction. G. Construction Inspection. 1. NIPCA INSPECTION. Unless the Commissioner orders otherwise, the Permittee shall notify the Commissioner at least ten working days in advance of construction of each phase, or portion thereof, in order to allow the Commissioner the opportunity to determine the appropriateness of conducting site inspections during construction. 2. PERN41TTEE INSPECTION. Full time construction inspection shall be provided by the Pem ittee during construction of final cover, surface water control structures, the liner, leachate collection and storage facilities, and the leachate sump system.. The inspector must record all procedures completed during construction and document that design features were constructed in accordance with the approved plans. The record must include photographs, field notes and the results of all field tests. H. Construction Certification. The Permittee shall notify the MPCA when all major construction is completed, and shall provide within 34 days of construction completion a construction certification according to Minn. R. 7035.2610, for approval by the Commissioner. The certification, signed by an engineer registered in Minnesota shall certify, with any exceptions listed, that the construction has been completed in accordance with the approved plans and MPCA permit. In addition, it shall be certified that an MPCA approved liner and leachate collection and removal system are fully functional. I . Alterations and Additions. The Pen - ittee shall not make any major alterations or additions to the Facility that would materially alter the method or effect of disposal without first obtaining the written consent of the Commission Part 11. Operating Requirements A. Personnel.. A Type III certified operator must be present at the Facility during operating hours as required by Minn. R. 7035.2545, 7048.0100 and 7048.1300. All Facility personnel shall be trained within six months of employment and annually thereafter, regarding proper procedures relevant to their 4 ' r positions including Contingency Action Plan implementation and how to deal effectively with problems at the site. The Permittee shall provide instruction to all Facility personnel regarding safety procedures and health risks. The dates of personnel training must be recorded in the Facility Operating Record and reported to the MP CA as part of Annual Report required by Part N. C. of p g re p this permit. NSP hires a contract operator to conduct daily operations at the Facility. The contract operator must be certified as indicated above. The contract agreement between NSP and its designated contract operator specifically states that NSP, and only NSP, retains all responsibility and liability for operations at the Facility. Changes in the designated contract operator must be submitted to the MPCA for review at least 5 days prior to implementation of the change. B. Manuals. A copy of the approved Closure, Postclosure and Contingency Action Plan, and Operations Manual, shall be available at the Facility at all times for use by the operator and Facility personnel. C. Financial Assurance. The Pennittee must maintain adequate financial assurance for proper closure, postclosure and contingency actions at the Facility in accordance with Minn. R. 7035.2695. Financial assurance cost estimates must be updated annually and submitted to the Commissioner by no later than February 1 of the following year. D . Equipment. The Permittee shall provide and maintain adequate equipment at all times during the operation of the Facility. In case of equipment failure, equivalent backup equipment must be provided for operation of the Facility. - E. Phase Development. Firing shall proceed in a phased sequence in accordance with the approved plans so that final elevations are established as soon as practicable. Each fill phase must be outlined with grade stakes or other grade indicators prior to deposition of waste. visual comparison between active fill areas and previously filled areas may provide adequate grade indication. Covering of waste shall proceed according to the permit application and Part II.K. of this permit. The Penn ttee shall provide evidence through an annual survey that the Facility is being operated in accordance with the approved phase development plans. F. Frost Protection. All areas of the liner system must have at least three feet of solid waste in place on top of the draina layer, or an engineered thermally conductive equivalent prior to December 1 of each year to ag nst frost �� rotect ag ainst, e to the liner system. An engineered equivalent must be approved by p the Commissioner. G. Snow Removal. If snow removal is necessary wx thin. the working ' area the snow must be stockpiled within the lined area. ' 5 H. Permanent Markers. All fill areas must be located with permanent markers. I. Leachate Pipe Maintenance. All leachate collection pipes must be cleaned and flushed on an annual basis. Documentation of this maintenance must be recorded in the operating record described by Part II.L, of this permit and included in the Annual Report. J. Leachate Management. All leachate must be ma. - raged according to the approved Leachate Management Plan. Leachate will be collected within the landfill and stored in leachate collection sump. The leachate will be pumped from the sump to be managed in one of the .following ways: 1. UTILIZATION AS CONDITIONING WATER: NSP plans to recycle and reuse the leachate generated to condition the ash generated at the A. S, King generating plant during operation. Through this option, the leachate will not be discharged to the environment, and will replace - water currently appropriated from the St. Croix River for fly ash conditioning. 2. DISPOSAL AND TREATMENT THROUGH TIE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES): NSP has received an Industrial Discharge Permit ( #2185) from MCES (formerly MWCC) to dispose and treat the leachate generated at the A.S. Kung Ash Landfill, 3. UT LIZATION AS DUST ABATEMENT IN ACTIVE CELLS: when the air temperature exceeds 28 degrees F, NSP may use some of the leachate for dust suppression over the ash placed within the lined cells of the Facility. Changes in the management of leachate must be approved by the Commissioner prior to implementation. K. Cover Requirements. All fill areas must be developed and covered according to the approved Development and Closure Plans. The following types of cover must be applied at the site: 1. INTERMEDIATE. Intermediate cover must be placed in areas where waste will not be placed within. 120 days. Intermediate cover must consist of a minimum of 12 inches of compacted soils. For any section of a cell phase that will not be covered by a subsequent layer of waste, intermediate cover must consist of at least 12 inches of compacted low permeability soils. Areas that will not receive additional waste or final cover for more than 180 days should be seeded and/or mulched to prevent excessive erosion. 2. FINAL. The fora/ cover placement will. be an ongoing process throughout the life of the Facility. Final cover will be placed as areas of the fill reach final contours. Final cover 6 placement must follow the approved Closure Plan and the following schedule for implementation. Area Antici ated Year of Final Co ver Co nstruction Phases II and III 1995 Phase I 1995: NSP will place an enhanced temporary cover provided MnD OT does not have plans to commence Highway 36 realignment by the end of the year 2000. 2000: NSP will construct a final cover system provided MnDOT does not implement the approved Closure Plan rior to Febru 1, 2000. Phases V and VI As cells reach final grades, final cover shall be constructed. L. operating Record. A written operating record shall be kept at the Facility. The written operating record must meet the p g requirements of Minn. R. 7035.2575, subp. 2. M. General Inspection Requirements. The Permittee must inspect the Facility for malfunctions, deterioration, or discharges that may result in either the release of pollutants to the environment or a threat to human health. The Permittee must conduct these inspections as outlined in the approved Operations Manual. The Penr ittee must remedy any deterioration or malfunction within two weeks after an inspect or as approved by the Commissioner. The Permittee must record inspections in an uaspection log or summary and must keep these records for at least five years after the date of the inspection in accordance ce with Minn. R. 7035.2535 subp. 4, item E. Copies of monthly or quarterly inspections 3 performed by NSP staff must be submitted with the Annual Report. N. Remedial Measures. indicates a change in site conditions not If monitoring �n.rh addressed by the January 1994 Remedial g Meas - ures Pla the Permittee shall submit within. sixty days a revised Remedial Measures Plan for the Commissioner's approval. Part III, Monitoring. A. monitoring System dine the water monitoring system described. in Table 1 below to conduct The Permittee shall. utilize g Y • Facility. The water monitoring system shall be maintained and modified as monitoring at the Fa ty g y necessary m. accordan ce with Minn. R. 7035.2515, subp. 10, items A through C.2. and items C.4. through T. 7 TABLE I WATER - MONITORING SYSTEM SUMMARY BY STATION TYPE SURFACE LEACHATE LEAD MONITORING WATER COLLECTION DETECTION WELLS STATIONS PIEZOMETER.S SYSTEM SYSTEM W -2 Wetland 1 Wm 18B (1) Leachate Leak Detection W4-1 Wetland 2 W-22 Collection Sump Stand Pipe W-5 Storm Sewer W -24 W--7 W-10 W-11 W -13 W--14 W -15 W -17 W -18 (1) W -21 W -23 W -25 Footnotes (1) Monitoring wells W -18 and W-18 B may be abandoned upon construction of Phase VI, cell 3. - B. Monitoring Para and Schedule. The Penn.ittee shall sample the Facility monitoring system for the parameters shown in Table 2 below, and according to the. schedule outlined in, Part III.D.3. and Table 3 below. Sampling personnel shall inspect monitoring points and markers each time the monitoring g point is measured or sampled. The Permittee shall inspect monitoring points and markers at least annually. The Permittee shall correct damaged or obstructed monitoring points, or other conditions that interfere with the proper functioning of the monitoring point within the time periods required for monitoring wells in Minn. R. 4725.1860. subp. 5, item E. All sampling and analysis shall be done in accordance with Minn. R. 7035.2815 subp. 14, items D through P. TABLE 2 ANALYTICAL PARAMETERS S ROUTINE GROUP A FIELD PARAMETERS: Appearance* pH* Specific conductance* Temperature* Water elevation Well depth Discharge [Storm Sewer, * Field and laboratory measurements 8 GENERAL CHEMISTRY: Alkalinity as CaCO3 Dissolved solids, total Ammonia nitrogen Hardness as CaCO3 Nitrate + nitrite as N Suspended solids, total Chloride Boron Sulfate Selenium E 'TENDED GROUP B METALS: Aluaminum. Antimony Arsenic Beryllium Iron Vanadium Magnesium Mercury** Manganese Molybdenum Potassium Sodium Calcium Thallium** Uranium* Chromium * * = leachate only, unless detected, then also sample in ground water OTHER: Cation -anion balance . Field Eh GROUP C P OLYN UCLEAR AROMATIC HYDROCARBONS Naphthalene Cl- naphthalene Acenaphthylene Acenaphthene Fluorene Phenanthrene Anthracene Fluoranthene Pyrene Chrysene Benzo(a)anthracene Benzo(a)pyrene Indeno( 1,2,3- c,d)pyrene Dibenzo(a,h)anthracene Benzo(g,hJ)perylene C. Monitoring Schedule. The schedule of sampling shall be performed according to the following timetable: Spring Event: March 28 - April 28 Summer Event: July 1 •- August 7 Fall Event: October 14 - November 14 TABLE 3. MONITOR RNG SCHEDULE STATION Spring Event Summer Event Fall Event Winter Event GROUND WATER SYSTEM: Monitorin g Wells A A,B A - -- Piezometers level level level. W ater quality sampling n of monitorin g wells W -2, W -10, and W -11 may be suspended for the P g summer sampling event, 1997 due to temporary abandonment of these wells as a result of the p g 9 construction of TH 36. Sampling for the extended list of parameters shall be conducted during the fall, 1997 sampling event. SURFACE WATER SYSTEM: Surface Water A A, B A Stations Sedimentation (as described in the approved Leachate Management Plan) Basins LEACHATE COLLECTION SYSTEM: Leachate Stations A,B A,B, C A,B A,B Y LEAK DETECTION SYSTEM: Leak Detection XB A,B XB _�- Stand Pipe* QA/QC: Filter Blank - A -~~ Replicate XB KEY: A Field Parameters and General Chemistry (see Table 2) B Metals (see Table 2) level Static water elevation in feet above MSL * when available. D. Monitoring Protocol. The Permittee shall develop and keep current a written monitoring protocol for the Facility in accordance with Minn R. subp. 14, items G through P. The Permittee shall ensure that the protocol is followed during sampling and analysis. The protocol shall be revised as necessary and submitted to the Commissioner for approval prior to the next scheduled sample collection. E. Sampling Notification. The Permittee shall notify the Commissioner at least 10 (ten) days prior to sampling and at least 10 (ten) days prior to the start of drilling new monitoring wells, productions wells, piezometers, or borings. F. Modification to the Monitoring System. 1. MP CA' S RIGHT To MODIFY: The Commissioner reserves the right to change the monitoring parameters in Table 2 above or the monitoring schedule in Part M.C. and Table 3 of this permit. The Commissioner may modify, when necessary and reasonable, the requirements for monitoring water quality for the Facility, including sampling locations, sampling schedule, constituents to be analyzed, and other necessary sampling procedures. Upon the request of the Commissioner, the Permittee shall propose additional monitoring points for the approval of the Commissioner. 10 2. PE E'S RIGHT TO MODIFY: The Permittee shall re- evaluate the water monitoring system for adequacy with respect to the detection of pollution and conformity with Minn. R. 7035.2815, subp. 10, items A and B before the system is modified. The P ermittee shall submit to the Commissioner a proposal for installation of new monitoring points or abandonment of monitoring points at least 30 days prior to drilling. This shad include a description of the proposed installation or abandonment procedures, consistent with Minn. R. 7035.2815, subp. M, items E through 0. The Permittee roust provide information needed to establish the monitoring requirements and to support any conditions proposed by the Perrnittee. G. Compliance Boundaries. The compliance boundaries as defined in Sheet 20 of the Permit Application, dated November, 1 995, shall apply to the site and shall be the location for the application of the performance standards listed in Tables 4 and 5 below. The wetland monitoring stations as shown in Figure 1 of "Phase nT H dro eolo 'c Evaluation Report" for the Facility dated October 1993, the approved y g � shall apply ' in Table 6 b elow. H. Performance Standards. The standards in Tables 4, 5, and 6 below shall apply for the Facility as specified in Part III. G. above. Pollutant concentrations shall not exceed the standards listed in Tables 4, 5, and 6 at or beyond the applicable compliance boundaries. The Commissioner reserves the right to add or m an Limit or Performance Standard in accordance with Minn. R. 7035.2815 subp. 4 items modi y E and H. whenever applicable Limits or Performance Standards for the Facility are exceeded, the Permittee shall follow the series of actions listed in Minn. R. 7035.2815, subp. 4, item G. TABLE 4 WATER QUALITY PERFORMANCE STANDARDS APPLICABLE AT THE SURFACE WATER. COMPLIANCE BOUNDARY Parameter Units water Quality Performance Standards Inorganic: Chloride mglL 23 0 Metals and Elements: Aluminum uglL 125 Arsenic uglL 74 Cadmium U& 2 — Chromium, Total ug/L 439 Copper uglL 17 p Lead, ug1L 9.9 Mercury glL 0.0069 � 213 Nickel u Selenium uglL 5 Silver uglL 1.0 Zinc ug/L 225 u 31 Antimony s 11 Cobalt ug/1 5 Iron ug/1 1 Molybdenum u9/1 232 Thallium ug/1 0.56 Vanadium u9/1 24 Organic Compounds: Acenaphthene ug/L 12 Anthracene ug/L 0.029 Fluoranthene u9/2. 4.6 Phenanthrene ug/L 2.1 TABLE 5 WATER QUALITY PERFORMANCE STANDARDS APPLICABLE AT TTY GROUND WATER COMPLIANCE BOUNDARY Parameter Units Minnesota. Ground water Department of Performance Health RALs Standards General: Nitrate ug/L 10,000 2,500 Nitrite ug/L 1,000 250 Metals and Elements; Antimony ug/L 2 0.5 Arsenic ug/L 0.2 12.5 Barium ug/L 2000 , 500 Boron ug/L 600 200 Cadmium ug/L 4 1 Chromium, Total ug/L 20,100 5,030 Chromium, Hexavalent ug/L 100 30 Cobalt ug/L 2 0.5 Copper ug/L 1,000 300 Lead ug/L 20 5 Manganese ug/L 600 200 Mercury ug/L 2 0.5 Molybdenum ug/L 40 10 Nickel ug/L 140 40 Selenium ug/L 20 5 Thallium ug/L 0.6 0.2 Vanadium ug/L 40 10 Zinc ug/L 1,400 400 Organics: Anthracene ug/L 2 500 Fluoranthene ug/L 300 75 Fluorene ug/L 300 75 Naphthalene u9/1 30 8 PAH's (carcinogens) ug/L 0,030.007 PAH's (noncarcinogens) ug/L 0.3 0.07 12 TABLE 6 SURFACE WATER QUALITY STANDARDS APPLICABLE TO THE UNNAMED WETLAND ABOVE PERRO CREEK Water Quality Performance Standards (micrograms per liter unless otherwise noted) GENERAL: Ammonia, un- ionized as N ug/I40 Chloride mg/L100 Specific Conductance @ 25 °C umho /cm 1,000 pH Standard Units 6.5 and 8.5 METALS AND ELEMENTS: Aluminum ug/L 125 Arsenic ug/L 70 Boron ug/L 500 Cadmium ug/L 2.28 Chromium, Total ug/L 439 Chromium, Hexavalent ug/L 11 Copper ug/L 17 Lead ug/L 9.9 Mercury ug/L 0.0069 Nickel ug/L 213 Selenium ug/L 5 Silver ug/L 1.0 Zinc ug/L 225 Antimony ug/1 31 Cobalt ug/1 5 Iron ug/1 1,245 Molybdenum ug/1 232 Thallium ug/1 0.56 Vanadium ug/1 24 ORGANIC COMPOUNDS Acenaphthene u9/1 12 _ Anthracene u9/1 0.029 Fluoranthene ug/1 4.6 Phenanthrene — ug/1 2.1 Part IV. Reporting. A. Water Quality and Leachate Monitoring Reports. Water quality and leachate monitoring reports shall be submitted in accordance with the following schedule. Event: Winter and Spring Summer Fa11 Due Date: July 30 October 30 Included in the Annual Report The monitoring reports shall include a field report and analytical results. 1. The field report shall include, at a minimum, the following information: a. Well depth measurements to the nearest 0.1 feet; 13 b. Stabilization or recovery rate test results and the number of well volumes removed; c. Any problems with the conditions of the monitoring points d. The date each analysis is completed; and, e. Storm water discharge rate and inspection data. 2. The analytical results must be accompanied by information sufficient to establish the reliability, precision, and accuracy of the reported values, including the following: a. A certification, signed by the sampling personnel analytical laboratory, and owner or operator stating whether all procedures, from obtaining 'the samples through completion of the analyses, where performed as described in the approved monitoring protocol; describing any departures from these procedures; and explaiung why these departures were necessary; b. water elevations and other required field measurements and observations, dates and times when each sample was collected and received by the analytical laboratory, and the date each sam was ana lyzed; c. Analytical results from all blanks; d. If required by the Commissioner, additional information needed to establish the validity of the analytical results, including precision and accuracy data from the batch of samples M* which each sample was analyzed, limits of quantitation, limits of detection, and results from other quality control procedures; chain -of- custody records; and field records; and, e� Retention times and peak sizes for unidentified substances. B. Annual Report. The perm.ittee shall prepare and submit two copies of the annual report to the Commissioner by no later than February 1 for the preceding calendar year. The annual report must cover all Facility activities during the previous calendar year, including the .information listed in Minn R. 7035.2555, and the following information: 1. A narrative, which includes a neap of the top of the water table, describing the effects which the site is exerting on surrounding surface and ground water quality and any changes made or maintenance needed in the monitoring network; 2. A summary of monthly precipitation totals at the closest measurement station; 3. Graphics of water elevations (prior to pumping) versus time (date and year) at all wells. The water elevations of several wells may be displayed on one graph; 4. Gra p tics showing concentration versus time (date and year) for all parameters that indicate a trend related to contamination for each monitoring point for the entire period of record; 14 5. Data summary tables of the measured parameter concentrations including statistical summaries; 6. Proposals for redevelopment or replacement of monitoring wells that experience excessive suspended solids or siltation; 7. A comparison of laboratory analytical results to all applicable federal and state standards, limits, and criteria for water quality and waste characterization; 8. The results of the fall and winter leachate sampling events; 9. A summary and evaluation of all leachate data including volumes and trends; 14. A summary of all maintenance activities with reference to the Operations and Maintenance Manual; 11. A summary and evaluation of monitoring protocol changes for the previous year and suggested changes to the monitoring protocol for the coming year; and, 12. An annual survey by a land surveyor registered in Minnesota of the Facility. Part V. Air Quality Protection The P ermittee shah operate and maintain the Facility in conformance with MP CA air pollution control rules' and in compliance with Minn. R. 7035.2565, subp. 3. Open burning of solid waste is prohibited. Part VI. Closure and Postclosure Care A. Closure. The Pem - dttee must close the Facility as outlined in the approved Closure Plan and Minn. R. 7035.2625, 7035..2635, and 7435.2500, subp. 3. Closure includes, but is not limited to the following: 1. Procedures must be implemented to notify the Comm ssioner of the closing and of a substitute site. 2. Access to the site must be restricted. 3. Final cover must be placed over all fill areas in accordance with the approved plans and this permit. 4. A detailed description, "including a plat, must be recorded with the County Recorder. The description must include general types and locations of wastes, depth of fill, and other information of interest to potential landowners. 15 B. Postclosure Care. The Permittee must implement the postclosure measures detailed in the approved Postclosure Plan and Minn. R. 7035.2645 and 7035 .2655. This postclosure care includes but is not limited to the following: 1. LONG -TERM CARE MEASURES: Long teen care measures must be instituted to maintain the leachate collection and removal systems, slopes, swales, and monitoring points, and to repair any erosion and vegetative damage. If determined necessary by the Commissioner, the Permittee shall implement restorative and corrective actions in addition to general maintenance. The site must be inspected on a quarterly basis for the first five years after closure, and thereafter on a schedule to be determined by the Commissioner, Information about the condition of the site following inspections and any repair made should be included in the Annual Report required in Part W.C. of this permit. 2. ROUTINE MONITORING AND REPORTING. Compliance with Parts III and Iv of this permit shall continue for at least 20 years after the site is closed. Aspects of the monitoring program including parameters, locations, frequency and duration may be re- evaluated by the Commissioner on a five year basis, upon request of the Permittee. Recommendations may be made to either increase or decrease monitoring requirements. The Commissioner reserves the right to reevaluate and modify the monitoring requirements if the monitoring results indicate a need for such a review. If no contamination is detected during the postclosure period, monitoring may cease at the site. All wells must be abandoned in accordance with Minn. R. ch. 4725, when monitoring ceases. C Ultimate Land Use. The portions of the Facility filed with waste shall be left as open space with no construction occurring on the site unless approved by the Commissioner. Alternatives for industrial development may be proposed at a future date. In conjunction with alternative development, an enhanced final cover system may be required to allow adequate separation from the waste fill. D. Closure Certification. The Permittee shall notify the Commissioner when closure is completed. within 30 days of construction completion, the Permittee shall submit a closure certification for approval by the Commissioner. The certification., signed by an engineer registered in Minnesota, must certify, with any exceptions listed, that the closure has been completed in accordance with the plans and specifications and this permit. Part VH. General Conditions. A. This permit shall not release the Permittee from any liability, penalty, or duty imposed by Minnesota or federal statutes or rules or local ordinances including, but not limited to those promulgated pursuant to Minn. R. 7001.0150, subp. 3, item A. 'Phis permit shall be permissive only and shall not be construed as estopping or limiting any claims against the Pem ittee, its agents, contractors, or assigns, nor as estopping or limiting any legal claims of the state against the Permittee, its agents, contractors, or assigns for damages to state property, or for any violation of the terms of this permit. 16 B. The MPCA's issuance of a permit does not prevent the future adoption by the MPCA of pollution control rules standards, or orders more stringent than those now in existence and does not prevent the enforcement of these rules, standards, or orders against the Permittee. C. This p ermit does not convey a property right or an exclusive privilege. D. The MPCA`s issuance of a permit does not obligate the NV CA to enforce local laws, rules or plans beyond that authorized by Minnesota statutes. B. The Permittee shall p erform the actions or conduct the activity authorized by the permit in accordance with the p lans and specifications approved by the MPCA and in compliance with the conditions of the permit. F. The Pem ittee shall at all times properly operate and maintain the Facility and systems of treatment and cot appurtenances rol and the a urtenances related to them which are installed or used by the Permittee to achieve 7 compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and p � Permittee shall install and process controls, including appropriate quality assurance procedures. The maintain ap propriate back -u or auxiliary facilities if they are necessary to achieve compliance with p the conditions of this p ermit, if these back-up or auxiliary facilities are technically and economically feasible. G. The Perm.ittee m not knowingly make a false or misleading statement, representation, or certification in a record, report, plan, or other document required to be submitted to the MP CA or the Commissioner by this permit. The Permittee shall immediately upon discovery, report to the Commissioner, an error or orris s ion in these records, reports, plans, or other documents. H. The Permittee shall, when requested by the Commissioner, submit within a reasonable time the information and rep orts that are relevant to the control of pollution regarding the construction, modificatio n, or operation of the Facility covered by this permit or regarding the conduct of the activity P covered by this permit. I. Wh authorized by Minn. Stat. chs. 115.040 115B.17, subd. 4, and 116.091, and upon presentation of proper credentials, the MP CA., or an authorized employee or agent of the MP CA, shall be allowed by the Permittee to enter, at reasonable times, upon the property of the Permittee to examine and copy books, papers, ers records or memoranda pertaining to the construction, modification, or operation of the Facility Y P cili covered b this en or pertaining to activities covered by this permit; and to conduct surveys and g including sampling investigations, n ling or monitoring, pertaining to the construction, modification, or p operation of the Facility covered by this permit or pertaining to activities covered by this permit. J. If the Permittee discovers, through any means, including notification by the MP CA, that noncompliance with a condition of this permit has occurred, the Permittee shall take all reasonable s to a the adverse im acts on human health, public g water supplies, or the step p environment resulting from the noncompliance. • noncompliance with a condition of the permit has occurred which could K. If the Permittee discovers that n.onco p . heal p ublic drinkin water supplies, or the environment, the Permittee shall, within endanger human hea l t h, p g f the of the noncom fiance, orally notify the Commissioner. within five days o 24 hours of discovery p 17 discovery of the noncompliance the Permittee shall submit to the Commissioner a written description of the noncompliance: the cause of the noncompliance; the exact dates of the period of noncompliance; if the noncompliance has not been corrected., the anticipated time it is expected to continue; and, steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. L. The Permittee shall report noncompliance with this permit not reported under K above as part of the next report which the Permittee is required to submit under this permit. If no reports are required 'thin 30 da of the discover of the noncompliance, the Permittee shall submit the information listed vn y rY in K above within 30 days of the discovery of the noncompliance. M. The Pernttee shall give advance notice to the Commissioner as soon as possible of planned physical alterations or additions to the p ermitted Facility or activity that may result in noncompliance with a Minnesota or federal pollution control statute or rule or a condition of this permit. . o an person without the express written approval of the MP CA after N. This permit is not transferable t y p � compliance with the requirements of Minn, R4 7001.0190. A person to whom the permit has been p � transferred shall comply with the conditions of this permit. 0. The permit authorizes the I'errru to perform erform the activities described under the conditions of this p ermit. In issuing this permit, the state and MPCA assume no responsibility for damage to persons, property, or the environme caused b activities of the Permittee in the conduct of its actions, includin g those activities authorized, directed-, or undertaken under this permit. To the extent the state and 111IPCA ma y be liable for activities of its employees, that liability is explicitly limited to that provided in the Tort Claims Act, Minn. Stat, 3.73 6. P The Commissioner ma y commence proceedings to modify or revoke this permit during its term if cause exists under Minn. K 7001.0170 to 7001.0180. ° . permit are severable and if an portion of this permit, or the application of any �. The provis *ons of this p 3 y provision of this permit to an circumstances, is held invalid, the application of such provision to other p p y circ ces, and the remainder of this permit shall not be affected thereby. R. The Penn ittee may request an extension of the dates set forth in this _ permit including the submittal. and m g monitoring dates. The request shall include justification for noncompliance with the date. Based on � the justification, the Commissioner may grant an extension. S . Thi permit i s vapid for five years from the date issued or until terminated, revoked, or amended by the of this permit, to app for an amended permit, the Perrnittee shall MFCA. Prior to expiration p t, pp y request tha t the MP CA review and reissue the permit. To allow for-adequate MP CA. review time and permit at the time of its expiration, an application for reissuance of to avoid possible ternuna tion of this p the permit must be submitted no later than 180 calendar days before the expiration date of this permit. rds of all round water monitoring data. and ground water surface T. The Permittee must maintain reco g elevations for the active life of the Facility, and for the postclosure care period. The Permittee must � also maintain an operating record in accordance with Minn. R. 703 5.25 75 until closure of the Facility. treatment stor or disposal of solid waste in a new solid waste U. The Permittee may not start rag a p • portion of an existing solid waste management facility until the management facility or �n a modified p g • • been met or an extension has been granted by the Commissioner: following conditions have b 18 ' 1. The Commissioner has received a construction certification including and as-built plans signed by the owner or operator and by an engineer registered in Minnesota certifying that the Facility has been constructed or modified in compliance with the conditions of the permit. 2. The Commissioner has inspected the new or modified Facility and has provided the owner or operator with a letter stating that the certification submitted is complete and approved. 3. The Commissioner has approved the financial assurance amount and instrument to be used for the Facility in accordance with Minna R. 7035.2665 to 7035.2805. MINNE SOTA POLLUTION CONTROL AGENCY Permit Number: SW-54 times L. Varner, P.E. Date of Issuance: March 18 , 19 97 Division Manager Date of Expiration. March 18, 20 0 2 Ground water and Solid waste Division Modified: March 18, 1997 19 1�