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HomeMy WebLinkAbout2010-09-27 MPCA Ltr Re Source Separated Compostable Materials Demonstration Project Minnesota Pollution Control Agency 520 Lafayette Road North I St. Paul, MN 55155 -4194 1 651- 296 -6300 I 800 -657 -3864 1 651- 282 -5332 TTY I www.pca.state.mn.us • J September 27, 2010 P Ft ( e., Mr. Robert A. Buberl Buberl Recycling and Composting, Inc — 5750 Memorial Avenue North Stillwater, MN 55082 . RE: Executed Demonstration/Research Project Agreement Source Separated Compostable Materials Demonstration Project Buberl Recycling and Composting, Inc. Dear Mr. Buberl: Enclosed is the signed copy of the executed Demonstration/Research Project Agreement (Agreement), which was drafted in accordance with Minn. R. 7035.0450 and 40 CFR 258.4, and was signed on September 27, 2010, by the Minnesota Pollution Control Agency (MPCA) Commissioner or his designee. Therefore, September 27, 2010, is the effective date of the Agreement. Sincerely, 44 .- i t e L Anthony Y. Bello Engineering Specialist Senior Policy, Local Government Assistance and Solid Waste Section Municipal Division AYB : kk Enclosure cc: Adam Frederick, Washington County Dept. of Health and Environment (w /Enclosure) Kyle Klatt, Planning Director, City of Lake Elmo (w /Enclosure) Scott Richards, City Planner, City of Oak Park Heights (w /Enclosure) Ann Cohen, Attorney General's Office (w /Enclosure) St. Paul I Brainerd I Detroit Lakes I Duluth I Mankato I Marshall I Rochester I Willmar I Printed on 100% post- consumer recycled paper STATE OF MINNESOTA MINNESOTA POLLUTION CONTROL AGENCY DEMONSTRATION PROJECT AGREEMENT IN THE MATTER OF: Buberl Recycling and Composting, Inc. — Source Separated Compostable Materials Demonstration Project 1. Parties. This Demonstration Project Agreement (Agreement) applies to and is binding upon the following parties: a. Buberl Recycling and Composting, Inc., and b. The Minnesota Pollution Control Agency (MPCA). Unless specified otherwise in this Agreement, where this Agreement identifies actions to be taken by the MPCA, the Commissioner or the Commissioner's designees shall act on the MPCA's behalf. In this Agreement, Buberl Recycling and Composting, Inc. is also referred to as "Regulated Party ". "feel. o ar �, 2. Purpose and Scope of Demonstration/Research Project Agreement. This Demonstration/Research Project (Project) is a limited scale project design to investigate the environmental impacts of composting source separated compostable aterial (SSCM) at a site that, at a minimum, meets the design requirements of a permit -by -rule yard waste compost site. In addition, the MPCA will be evaluating operational issues related to composting SSCM with yard waste at a yard waste compost site. Under current MPCA rules, SSCM are required to be composted at a permitted solid waste composting facility. Permitted solid waste compost facilities have more stringent design requirements than yard waste compost facilities, which the regulated community argues are more stringent than necessary to protect the environment and pose a barrier to increased use of composting as a management method in Minnesota. To establish whether the more stringent standard can be reduced, the Regulated Party is proposing to accept SSCM for co- composting with yard waste at a permit -by -rule yard waste compost facility and to monitor the site for environmental impacts and other operational concerns. The Project is designed to obtain scientific and operational information about a specific method for managing solid waste not currently available. The purpose of this Agreement is to specify actions the Regulated Party agrees to undertake and to establish other terms and conditions that pertain to the Project. Under Minn. R. 7035.0450, subp. 1, the Commissioner may, as part of an approved demonstration/research project, allow temporary noncompliance with permit and rule conditions to allow the collection of information and data. 3. Background. a. Buberl Recycling and Composting, Inc. operate a yard waste compost facility at 5750 Memorial Avenue North, StillNter, Minnesota 55082 (Facility). b. The Regulated Party submitted a proposal to co- compost yard waste and SSCM at a yard waste permit -by -rule facility (Project) dated January 19, 2010. 1 c. SSCM will be delivered to the site and mixed with yard waste. The Regulated Party will use the windrow composting method for this Project. d. The MPCA intends to collect information on the composting of SSCM at a facility that is designed to a lower standard. e. As part of the proposal, the Regulated Party has requested that the MPCA allow temporary noncompliance with Minnesota solid waste management rules, including Minn. R. 7035.2836, subp. 4, which outlines the design requirements for solid waste composting facilities; Minn. R. 7035.2836, subp. 5, which outlines the operational requirements for solid waste composting facilities; and Minn. R. ch. 7001, which requires an MPCA permit for this type of activity. f. The MPCA has reviewed the Project and has concluded that it will result in the generation of scientific or other information about a specific method for managing solid waste not currently available, and that the Project should be approved. 4. Requirements and Work Plans. By entering into this Agreement, the Regulated Party agrees to prepare and submit the following plans: a. The Regulated Party shall provide the MPCA with a copy of a letter sent to Washington County and the cities of Oak Park Heights and Lake Elmo notifying them of the Regulated Party's intent to conduct this project. The Regulated Party shall not begin the Project until any and all conditions imposed (including licensing requirements) by the local units of government have been satisfied. NOTE: The Regulated Party has complied with the notification requirements in a letter dated May 4, 2010 to Washington County, the city of Oak Park Heights and the city of Lake Elmo, respectively. b. The Regulated Party shall notify the residents within a one -mile radius of the Facility. Notification shall consist of a letter or a notice in the local newspaper. The notice or letter must include a brief description of the Project and how to contact the MPCA. NOTE: The Regulated Party has complied with the notification requirement, per the notice (Affidavit of Publication) dated July 15, 2010. c. The Regulated Party shall submit an Odor Management Plan to the MPCA for review and approval. 1) The Regulated Party shall submit the Odor Management Plan within 60 days of the effective date of this Agreement. 2) The Odor Management Plan, at a minimum, shall consist of procedures for receiving complaints, investigating complaints, rectifying conditions that have resulted in the complaint, and keeping a log of the complaints. 3) The Regulated Party shall not begin the Project until the MPCA approves the Odor Management Plan. d. The Regulated Party shall submit a Sampling and Analysis Plan to the MPCA for review and approval. 1) The Regulated Party shall submit the Sampling and Analysis Plan within 60 days of the effective date of this Agreement. 2) The Sampling and Analysis Plan, at a minimum, shall consist of procedures for sampling stormwater and finished compost (see Section 5e below). In addition, the plan shall identify parameters that samples of stormwater and finished compost are to be analyzed. 3) The Regulated Party shall not begin the Project until the MPCA approves the Sampling and Analysis Plan. 2 5. Agreement. By entering into this Agreement, the Regulated Party agrees to meet the following conditions: a. The Regulated Party will conduct the Project in accordance with the proposal submitted on January 19, 2010, and this Agreement. Should the proposals and this Agreement be in conflict, the requirements in this Agreement shall govern. b. The Regulated Party may accept yard waste, as defined in Minn. R. 7035.0300, subp. 121; and SSCM, as defined in Minn. Stat. 115A.03, subd. 32a, except for diapers, sanitary products, animal waste and recyclable paper for composting at this Facility. c. The Regulated Party shall only conduct this Project at the Facility identified in Section 3a of this Agreement. d. The Regulated Party shall not exceed the capacity of the site. The site can accommodate up to fifteen windrows; however, the Regulated Party will . be allowed to start the pilot project with seven (7) windrows measuring 150 ft long by 16 ft wide by 10 ft high with a cumulative capacity of 6,222 cubic yards of material. The Regulated Party may request to add more windrows after a minimum of nine (9) months of the initial startup. The approval of additional windrows will depend on the experience gained and the ability to successfully continue the Project without operational problems or issues. The Regulated Party must request and obtain a written approval from the MPCA prior to adding more windrows. e. The Regulated Party shall collect samples of stormwater run -off from the Project compost site in accordance with the sampling plan required in Section 4 of this Agreement. A separate stormwater collection system must be established for the SSCM. The stormwater samples shall be analyzed, unfiltered, for: 1) pH 2) Total Kjeldahl Nitrogen (EPA Method 351.2), Phosphorus (EPA Method 365.4), and Potassium (EPA Method 200.7) 3) Total Dissolved Solids (Standard Method 2540C) 4) Total Suspended Solids (Standard Method 2540D) 5) CBOD5 (Standard Method 52.10B) 6) 503 metals (Arsenic, Cadmium, Copper, Lead, Mercury, Molybdenum, Nickel, Selenium, Zinc) (EPA Method 200.7) 7) Total Coliform and E. Coli (Standard Method 9223B) If the Regulated Party wishes to use an analytical method different than those described above, the Regulated Party must first obtain an approval from the MPCA. f. The Regulated Party shall maintain all its sampling locations at least annually. If any sampling points become unusable, the Regulated Party shall immediately contact the MPCA upon discovery. g. The Regulated Party shall analyze the finished compost for all the parameters required in Minn. R. 7035.2836. This shall be done once per screening event. Each time finished compost is screened, the finished product shall be sampled. Additional screened compost may not be added to an already tested pile without the newly screened compost being sampled. h. The Regulated Party shall follow the process to further reduce pathogens (PFRP) for the composting method chosen. These requirements are listed in Minn. R. 7035.2836, subp. 5(I). 3 i. A static windrow, which is windrow without forced aeration, will be utilized for the Project. 1. The windrow shall be turned at least three times after the compost pile has met the PFRP requirement, and 2. After PFRP has been reached, no new material may be added to the windrow. j. The Regulated Party shall ensure that the initial free air space is 55% to 65 %, by volume. This shall be measured using the Bucket Test identified in Appendix A. The Regulated Party shall keep a log of Bucket Test results in an on -site log for inspection by the MPCA. If the Regulated Party wishes to use a test other than the Bucket Test, the Regulated Party may use oxygen meter or Bulk Density to test for air space provided that the Regulated Party notifies the MPCA of the method used. k. The Regulated Party shall develop and follow an Odor Mitigation Plan as required in Section 4 of this Agreement. The Regulated Party shall document all odor complaints, causes and steps to remediate the cause of odors, and modify the Odor Mitigation Plan accordingly. 1.. The Regulated Party must contain litter from SSCM. All loads containing SSCM must be inspected for contamination and mixed immediately upon receipt or covered with wood chips or unscreened compost or yard waste or other biofilter material. All SSCM delivered to the site must be mixed by the end of the working day. Loads containing large amounts of contamination should be rejected and generator contacted immediately for removal from site. Grounds must be inspected and cleaned daily of loose litter materials. If necessary, portable catch screens or fencing must be used to limit blowing of litter off of site. The Regulated Party shall document all litter complaints and all actions taken to address the litter complaints and all actions taken to proactively address litter issues. m. The Regulated Party shall document all noise complaints and the cause of the noise complaints. n. The Regulated Party shall document any vector issues identified at the site and steps taken to address these issues. o. The Regulated Party shall document any other complaints or operational issues (including best management practices that works well) that occur during the term of this Agreement. p. The Regulated Party shall collect information on stormwater run -off, finished compost, odor, litter, noise, vector, and other operational issues as would be considered for a yard waste only compost pile. q. The Regulated Party shall document the volumes of yard waste and SSCM accepted at this Facility. r. The Regulated Party must maintain, or have readily available for use, feed stock to SSCM ratios, by volume, of not more than 20% SSCM to no less than 80% feed stock materials. s. The Regulated Party must utilize feed stocks to construct piles that maintain a Carbon/Nitrogen ratio in the range of 25:1 — 30:1. t. The Regulated Party must maintain pile moisture in the range of 50 -60 %. Moisture measurements in piles can be measured utilizing the "Squeeze" test as detailed in Attachment A. u. The Regulated Party must cover each pile containing SSCM with a compost blanket or wood chips of at least eight inches in depth, immediately following pile construction. The Regulated Party shall maintain an eight -inch cover of finished compost or wood chips for at least 14 days. 4 v. The Regulated Party shall develop a "Communication Plan" to effectively facilitate communication regarding site operations that may affect neighbors to the site. These operations would include, but are not limited to: turning that may create temporary odors, temporarily increased traffic to the site, compost collection opportunities, or increased noise created by temporary use of special equipment. w. The Regulated Party Facility personnel are trained in all procedures relevant to their positions, including contingency action implementation and compost - quality data collection, within six months after their date of employment. Facility personnel are provided with training appropriate for the level of activities to which they are assigned. Training is provided in the following areas: • using, inspecting, repairing, and replacing Facility emergency and monitoring equipment; • activating communication and alarm systems; • procedures for ceasing feed stock deliveries; • appropriate response to fire and other emergencies as outlined in the local unit of government (i.e., County and Cities) policy; • responding to groundwater or surface water pollution incidents; • managing incoming waste other than acceptable wastes; • rejecting waste not accepted at the Facility; • feedstock quality control; • mixing feed stocks; • PFRP requirements and documentation; • oxygen readings in compost piles; • temperature readings in compost piles; • sampling techniques for chemical analysis, moisture analysis, or other analyses; • estimating monthly volumes; • preparation of chain of custody papers to transfer samples to analytical laboratories; • operation of on-site laboratory equipment and scales; • data entry and record keeping; • bucket test; • squeeze test. New employees are trained by experienced staff in proper data collection and sampling techniques as described herein. All Facility employees are sent to one of several compost courses, including. but not limited to: those offered by the University of Minnesota or the United States Composting Council, or on -site training is provided. The Facility operator is required to have achieved a passing grade in order to operate the Facility alone. Re- training takes place on an as- needed basis. x. In accordance with 40 CFR 258.4, the Agreement shall end three years after the effective date (described in Section 7 below) of the Agreement. A final report must be submitted within six months of the end date of this Project, in accordance with Minn. R. 7035.0450, subp. 5. The final report must include a full discussion of the results of the sampling and data evaluation. 5 y. In accordance with 40 CFR 258.4, the Agreement may only be renewed up to three times for a total of 12 years. z. The Regulated Party shall cease to accept new SSCM material at the Facility for this Project by September 27, 2013. After the Project is completed, the Regulated Party must return to compliance with all rules and permit conditions. aa. The Regulated Party shall submit an annual report on this project to the MPCA, by March 1 covering the activities of the preceding calendar year. The report must, at a minimum, include the items required in Minn. R. 7035.2836, subp. 5(K), a summary of all operational issues at the Facility, and a copy of all laboratory analytical sheets. bb. A final report must be submitted March 31, 2014. The final report must contain, at a minimum: 1. Results of all water, stormwater run -off, and leachate samples collected. 2. Results of all analysis conducted on all finished compost. cc. If the Regulated Party decides to terminate the Project prior to completion for any reason, the MPCA must be immediately notified in writing of the date of termination. The Regulated Party must produce a report, no later than six months after termination, detailing all the information that was collected to the point of project termination, including, but not limited to the "Annual Reporting" requirements. After termination, the Regulated Party must comply with all rules and permit conditions. 6. No Action. So long as the Regulated Party remains in compliance with the terms of this Agreement, and it is not otherwise terminated by any party, the MPCA agrees to take no action for the Regulated Party's failure to comply with terms and conditions of its permit and the requirements in Minn. R. ch. 7001 and Minn. R. 7035.2860, to the extent these rules would apply to composting solid waste at a yard waste composting facility. This Agreement shall not be construed as releasing the Regulated Party from any other liability or obligation. 7. Effective Date. This Agreement shall be effective on the date it is signed by the MPCA. 8. Termination. The MPCA reserves the right to terminate this Agreement: a. If it is discovered that the Regulated Party is not complying with the terms and conditions of this Agreement; b. If the MPCA determines that the Project is causing adverse affects on human health or the environment; c. Conditions at the Project create a nuisance condition that has not been adequately addressed by the Regulated Party; or d. The MPCA determines that the Project is not resulting in the creation of valuable information. If the Agreement is terminated by the MPCA, the Regulated Party must, immediately upon notice, end activities under the Project and return to compliance with existing permit or rule conditions. If the Regulated Party wishes to continue the Project following termination, the Regulated Party must apply for and obtain approval of a variance or permit amendment, as appropriate, before the Project continues. 6 The provisions of this Agreement shall be deemed satisfied and terminated when the Regulated Party receives written notice from the MPCA that the Regulated Party have demonstrated, to the satisfaction of the MPCA, that all terms of the Agreement have been completed. 9. Extensions. If the Regulated Party wants an extension of a deadline included in a schedule set out in Part 4, the Regulated Party must request the extension in writing at least ten days before the scheduled deadline, or as soon as possible before that date, if the reason for the extension request arises less than ten days before the deadline. Each deadline extension request shall separately specify the reason why the extension is needed. No requested extension shall be effective until approved in writing by the MPCA. The MPCA shall grant an extension only for the period of time the MPCA determines is reasonable under the circumstances. The written approval or grant of an extension shall be considered an enforceable part of the Agreement. The Regulated Party has the burden of demonstrating to the satisfaction of the MPCA that the request for extension is timely, and that good cause exists for granting the extension. Good cause can include, but is not limited to, the following: a. Circumstances entirely beyond the reasonable control of the Regulated Party; and, b. Delays caused by the MPCA in reviewing timely submittals required by this Agreement that the Regulated Party submitted in complete and approvable form which make it not feasible for the Regulated Party to meet the required schedules. Good cause does not include unanticipated costs, increase in the cost of control equipment, or delays in MPCA review of submittals when the submittals are not in complete and approvable form. 10. Hold Harmless Agreement. Buberl Recycling and Composting, Inc. agrees to indemnify, save and hold the MPCA, its agents and employees harmless from any and all claims or causes of action arising from or on account of acts or omissions of Buberl Recycling and Composting, Inc., its officers, employees, agents, or contractors in implementing the activities conducted pursuant to this Agreement; provided, however, that Buberl Recycling and Composting, Inc. shall not indemnify the MPCA or save or hold its employees and agents harmless from any claims or causes of action arising out of the acts or omissions of the MPCA, or its employees and agents. When Buberl Recycling and Composting, Inc. is required to hold the MPCA harmless, the MPCA shall give the Buberl Recycling and Composting, Inc. notice of any claim or cause of action subject to this Part and Buberl Recycling and Composting, Inc. shall have the right to participate in the defense against any claim or cause or action. 11. Successors. This Agreement shall be binding upon the Regulated Party and their successors and assigns and upon the MPCA, its successors and assigns. If the Regulated Party sells or otherwise conveys or assigns any of their right, title or interest in the Project, the conveyance shall not release the Regulated Party from any obligation imposed by this Agreement, unless the Party to whom the right, title or interest has been transferred or assigned agree in writing to fulfill the obligations of this Agreement and the MPCA approves the transfer or assignment. 7 12. Amendments. Except with respect to extension of schedules granted under Section 9, this Agreement may be amended only by written agreement between the parties. BY THEIR SIGNATURES BELOW, THE UNDERSIGNED REPRESENT THAT THEY HAVE AUTHORITY TO BIND THE PARTIES THEY REPRESENT, AND THEIR AGENTS, CONTRACTORS, AND SUBSIDIARIES Buberl Recycling and Composting, Inc. STATE OF MINNESOTA POLLUTION CONTROL AGENCY B adz' By <=% 3 Name: 06 A L Ltsa . Tho tg Division Director Title: ►'veS( Municipal Division Date: cf/v/ib Date: /2_41 Zo I a 8 • Attachment A The Bucket Test How to measure free air space in your compost pile: The Five Gallon Bucket Test Materials needed: • A five- gallon pail • A one - gallon plastic milk jug • Typical mix of materials added to the compost pile (manure, grass clippings, straw, wood chips, shredded bark, etc.) 1. Check the volume of your five- gallon pail by filling the one - gallon jug and emptying it into the five - gallon pail five times. Mark the five- gallon "full line" on the pail. 2. Fill the five - gallon pail one -third full with a typical mix of compost materials and drop the pail ten times from a height of six inches onto a cement floor or sidewalk (being careful to keep all the material in the pail). 3. Add compost to fill the five - gallon pail two - thirds full and drop the pail ten times from a height of six inches onto a cement floor or sidewalk. 4. Add compost to fill the five- gallon pail up to the "full line" and drop the pail ten times from a height of six inches onto a cement floor or sidewalk. 5. Add compost to fill the five- gallon pail to the "full line." 6. Now add and keep track of the amount water you can add to the five - gallon pail before it overflows. • If you can add 2.75 to 3.25 gallons of water to the five - gallon pail without it spilling over the top, you have adequate free air space. Your initial free air space is correct. • If you cannot add at least 2.75 gallons of water to the five- gallon pail without it spilling over the top, you have inadequate free air space. Add more bulking material like straw, coarse wood chips, or shredded bark. • If you can add more than 3.25 gallons of water to the five- gallon pail without it spilling over the top, you have too much free air space and you need to reduce the particle size. This can be done by grinding or shredding the materials or by adding finer materials to the mix. 7. Make the needed corrections and retest until the test shows the correct initial free air space. Squeeze Test The squeeze test is appropriate to use for a "quick" assessment of moisture content and can be taken in conjunction with temperature and oxygen readings. To do this, a staff member reaches into the pile about one foot with a gloved hand, grabs a sample and squeezes it in his/her fist. If the material holds together and a couple of drops of water ooze out when the fingers are opened, the material is in the appropriate moisture range. If the material crumbles and no water is squeezed out, it is too dry. If the material is soggy and a steady stream of water squeezes out, the material is too wet. •