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Home My WebLink About06.19.20 Dennis Schmidt - Landfill Notice of Violation AT1 State Water Resources Control Board June 11, 2020 (Via email and Certified Mail) CERTIFIED MAIL NO. 7018 0680 0000 1010 6882 Mr. Dennis Schmidt, Director Butte County Department of Public Works 7 County Center Drive Oroville, California 95965 dschmidt@buttecounty.net SUBJECT: NOTICE OF VIOLATION, WASTE DISCHARGE REQUIREMENTS ORDER R5-2011-0049, INDUSTRIAL STORM WATER GENERAL PERMIT, AND CLEAN WATER ACT SECTION 301, NEAL ROAD RECYCLING AND WASTE FACILITY, 1023 NEAL ROAD, CHICO, BUTTE COUNTY Dear Mr. Schmidt: The State Water Resources Control Board (State Water Board) and the nine Regional Water Quality Control Boards are the public agencies responsible for protecting the surface and ground water quality for all beneficial uses across the state. The Central Valley Regional Water Quality Control Board (Central Valley Water Board) and the State Water Board regulate wastewater and storm water discharges and other practices that could degrade water quality. This Notice of Violation (NOV) is issued by the State Water Board to Butte County Department of Public Works, Waste Management Division (Discharger) for violations of Waste Discharge Requirements (WDR) Order R5-2011-0049 issued by the Central Valley Water Board, the State Water National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Industrial Activities Order 2014-0057-DWQ, NPDES CAS000001 (Industrial General Permit) Waste Identification Number 5R04I000249, and the federal Water Pollution Control Act section 301 (33 U.S.C. 1311). On July 23, 2019, Central Valley Water Board staff received a complaint stating that illegal discharges into the primary sedimentation basin occurred at the Neal Road Recycling and Waste Facility (Site) in February 2019. On August 21, 2019, Central Valley Water Board staff issued a NOV which identified violations of Waste Discharge Requirements Order R5-2011-0049, including the unauthorized discharges of leachate that was pumped out of the Module 4 storm water retention basin 4 (Basin 4) into an unlined ditch that discharged into the unlined primary sedimentation basin on February 14, 26, and 27. The State Water Board Office of Enforcement further investigated the unauthorized leachate discharges to the primary sedimentation basin and found that the primary sedimentation basin is also a wetland preserve protected by the Perpetual Conservation Mr. Dennis Schmidt-2-June 11, 2020 Easement Grant dated September 24, 2007. The easement is held by the non-profit land-trust organization California Open Lands. As such, the primary sedimentation basin will be referred to as the wetland preserve in this NOV. Office of Enforcement staff estimate that the Discharger pumped 1.1 million gallons of leachate-impacted storm water from Basin 4 to an unlined ditch that flowed to the wetland 1 preserve between February 14 and February 27, 2019. The leachate-impacted storm water then discharged from the wetland preserve into an unnamed tributary on the adjacent property which drains to Hamlin Slough. Office of Enforcement staff reviewed the lab analysis results provided in the April 30, 2019 Monitoring Report and found substantially elevated inorganic constituent levels and the presence of volatile organic compounds and semi-volatile organic compounds in SW-1 compared to SW-2. SW-2 represents the quality of surface water that has not been affected by the landfill operations (also known as background conditions) and SW-1 is the surface water point of compliance at the outfall of the wetland preserve where storm water leaves the property. Similar inorganic constituents and volatile and semi-volatile organic compounds were also found in samples collected from the Module 4 leachate seep area, the unlined ditch from Basin 4 to the wetland preserve, and within Basin 4 on February 14 and 26, 2019. The similar but elevated levels of inorganic constituents and the presence of volatile organic compounds verifies that a measurably significant unauthorized release of leachate to the wetland preserve and adjacent unnamed tributary offsite had occurred. These results are consistent with the leachate having discharged to the wetland preserve and offsite. The Office of Enforcement has determined that in addition to the violations stated in the Notice of Violation, the unauthorized leachate discharges to the wetland preserve violate the following: Industrial General Permit Section III. Discharge Prohibitions, Provision B Discharges of liquids or materials other than storm water, either directly or indirectly to waters of the United States, are prohibited unless authorized by another NPDES permit. Unauthorized non-storm water discharges must be either eliminated or authorized by a separate NPDES permit. Industrial General Permit Section III. Discharge Prohibitions, Provision C Industrial storm water discharges and authorized non-storm water discharges that contain pollutants that cause or threaten to cause pollution, contamination, or nuisance as defined in section 13050 of the Water Code, are prohibited. Federal Clean Water Act Section 301 (33 U.S.C §1311) Discharge of any pollutant into navigable waters by any person from a point source, unless it is compliant with a NPDES permit, is prohibited. The discharges of leachate-impacted storm water from the wetland preserve to offsite into waters of the state and United States is prohibited by the Industrial General Permit. The Discharger does not have any other NPDES permit coverage 1 More information regarding this estimate is provided in the Discharge Calculations memorandum dated January 23, 2020. Mr. Dennis Schmidt-3-June 11, 2020 that would authorize these discharges. Therefore, these discharges violate Clean Water Act section 301. Industrial General Permit non-discharge requirements were also violated as follows: Industrial General Permit Section V. Effluent Limitations, Provision B requires that industrial storm water discharges from facilities shall not exceed storm water effluent 2 limit guidelines (ELG). Zinc concentrations on February 14, 2019, exceeded the ELG. Industrial General Permit Section XI. Monitoring, Provision D., subsection 1.a. 3 requires dischargers subject to storm water ELGs to collect and analyze samples from the qualifying storm events for each regulated pollutant specified. The Discharger is required to collect and analyze the leachate-laden storm water discharges for biological oxygen demand (BOD), total suspended solids (TSS), 4 --Cresol, Phenol, Zinc, and pH, and to compare the results to the ELGs. Office of Enforcement staff reviewed the April 30, 2019 Monitoring Report and submittals in the Stormwater Multiple Application and Report Tracking System (SMARTS) and concluded that only zinc was analyzed on February 14 and 26, 2019, and none of the other pollutants. Failing to collect and analyze the required pollutants violates this provision. See Attachment A for a list of surface water monitoring results from February 14 and 26, 2019. The Discharger also violated non-discharge requirements specified in its WDRs. As described in the Central VaNotice of Violation, the Discharger violated WDR Standard Provisions and Reporting Requirements section A.1, 2, 5 and 5. WDRs Provision L.6 requires the Discharger to take all reasonable steps to minimize any adverse impact to the waters of the state resulting from noncompliance with the WDR. Such steps shall include accelerated or additional monitoring as necessary to determine the nature, extent, and impact of non-compliance. Although the April 30, 2019 Monitoring Report provided information regarding detections of volatile organic compounds in SW-1, it did not propose nor provide whether the Discharger took any reasonable steps such as investigating the nature and extent of these detections. Therefore, the Discharger violated WDR, Provision L.6. Please be aware that the State Water Board will be issuing an order to the Discharger to submit technical reports pursuant to California Water Code section 13267 to ensure that appropriate actions are implemented to address these violations. Both the Central Valley 2 The ELGs for industrial storm water discharges subject to Code of Federal Regulations (40 CFR), title 40, chapter 1, subchapter N, are in Industrial General Permit Attachment F. 3 Subchapter N, chapter I, 40 CFR. The Site is a non-hazardous landfill as defined in the WDRs; as such, this requirement applies to discharges of wastewater from a landfill unit. 4 Since the landfill discharges wastewater as defined in 40 CFR, chapter I, subchapter N, part 445.2(f), the landfill is subject to the ELGs for each of the additional regulated pollutants specified for landfills in subchapter N, part 445, subpart B, 445.21. 5 Additional Standard Provisions and Reporting Requirements violations were described in the August 21, 2019 Notice of Violation. Mr. Dennis Schmidt-4-June 11, 2020 Regional and State Water Boards reserve their right to take any enforcement action authorized by law. Should you have any questions, please contact Stephanie Young at (916) 327-8043 or at shephanie.young@waterboards.ca.gov, or Laura Drabandt at (916) 341-5180 or laura.drabandt@waterboards.ca.gov. Sincerely, Ejhjubmmz!tjhofe!cz!Zwpoof!N/!Xftu! Zwpoof!N/!Xftu Ebuf;!3131/17/22!26;17;56!.18(11( Yvonne West Director Office of Enforcement Enclosures: Attachment A cc: See next page. Mr. Dennis Schmidt-5-June 11, 2020 cc: (via email only) Ms. Kristine Karlson Criminal Investigation Division U.S. Environmental Protection Agency kristine.karlson@epa.gov Ms. Holly Nielsen Executive Director California Open Lands hollylane75@hotmail.com Ms. Kim Haas Butte County Public Health Department khaas@buttecounty.net Mr. Eric Miller, Manager Butte County Public Works emiller@buttecounty.net Mr. Nicholas Moore, Investigator Butte County District Attorney Office nmoore@buttecounty.net Mr. Patrick Lucey Butte County Air Quality District plucey@bcaqmd.org Mr. Donald E. Swartz Nance Canyon Partners LP donswartz@cox.net Mr. Matthew Victoria Department of Toxic Substances Control matthew.victoria@dtsc.ca.gov Mr. Eric Kiruja Environmental Scientist CalRecycle eric.kiruja@calrecycle.ca,gov Ms. Laura Drabandt Attorney III Office of Enforcement laura.drabandt@waterboards.ca.gov Ms. Stephanie Young Senior WRCE Specialist Office of Enforcement stephanie.young@waterboards.ca.gov ATTACHMENT A TABLE 1. SURFACE WATER MONITORING RESULTS FROM FEBRUARY 14, 2019 SW-1 SW-2 PERCENT CONSTITUENT UNITS (compliance (background) INCREASE point) TURBIDITY NTU 3.9 98.7 2,431% CALCIUM mg/L 11.1 29.2 163% MAGNESIUM mg/L 7 11.2 60% SODIUM mg/L 2.7 9.8 263% POTASSIUM mg/L ND 4.1 NA BICARBONATE ALKALINITY mg/L 70 116 66% CHLORIDE mg/L 0.18 7.5 4,067% SULFATE mg/L 0.44 19.6 4,355% TOTAL DISSOLVED SOLIDS mg/L 86 163 90% TOTAL ORGANIC CARBON ug/L 5.3 26 391% MANGANESE ug/L 0.00227 0.182 7,918% ACETONE* ug/L 4.15 57 1,273% MEK* ug/L ND 37.9 NA ETHANOL* ug/L ND 483 NA TETRAHYDRAFURAN* ug/L ND 2.67 NA ANTHRACENE* ug/L 1.2 ND NA BIS (2-ETHYLHEXYL) ug/L 0.24 ND NA PHTHALATE* DI-N-BUTYL PHTHALATE* ug/L 0.075 0.51 580% DIETHYL PHTHALATE* ug/L ND 0.33 NA DIMETHYL PHTHALATE* ug/L ND 2.7 NA PHENOL* ug/L 0.04 1.0 2,400% * volatile or semi-volatile organic compound NTU = Nephelometric Turbidity Unit mg/L = milligrams per liter ug/L = micrograms per liter ND = not detected NA = cannot be quantified TABLE 2. SURFACE WATER MONITORING RESULTS FROM FEBRUARY 26, 2019 SW-1 SW-2 PERCENT CONSTITUENT UNITS (compliance (background) INCREASE point) TURBIDITY NTU 8.5 72.7 755% CALCIUM mg/L 7.3 31.7 334% MAGNESIUM mg/L 4.3 11.3 163% SODIUM mg/L 1.7 11.3 565% POTASSIUM mg/L 1.1 5.2 373% BICARBONATE ALKALINITY mg/L 45 138 207% CHLORIDE mg/L ND ND NA SULFATE mg/L 0.27 22 8,048% TOTAL DISSOLVED SOLIDS mg/L 65 196 202% ACETONE* ug/L 3.07 138 4,395% MEK* ug/L ND 143 NA TETRAHYDRAFURAN* ug/L ND 3.18 NA * volatile or semi-volatile organic compound NTU = Nephelometric Turbidity Unit mg/L = milligrams per liter ug/L = micrograms per liter ND = not detected NA = cannot be quantified