INFORMAL STAFF WORKSHOPS

Concepts for a Statewide Order for Composting Facilities

August 31, 2011Inland Empire Utilities Agency

Chino, California

STATE WATER RESOURCES CONTROL BOARD

DIVISION OF WATER QUALITY

September 1, 2011Joe Serna Jr./CalEPA Building

Sacramento, CaliforniaConference Room 550

Roger Mitchell P.G.,State Water Resources Control Board

TOPICS TO COVER

• Role of Water Boards

• Water quality and composting facilities

• Goals of a statewide order

• Eligible wastes, prohibited wastes, exempt wastes

• Water Quality Protection Measures (WQPMs)

• Water Quality Protection Areas (WQPAs)

• Waste types

• WQPM Tiers

• Other Requirements – and request for input

• Processes for Enrollment

• Fees – and request for input

• Next Steps & Schedule

WATER BOARD WATER QUALITY RESPONSIBILITY

Protect Water Quality from Discharges of Waste to Surface Waters and Groundwater

• Permitting

• Discharges that could affect surface water

• Implement Federal National Pollutant Discharge Elimination System (NPDES) required by federal Clean Water Act and issue NPDES permit(s) from wastewater or stormwater

• Note: Practice of agriculture exempt from NPDES permit, not composting

• Discharges that could affect groundwater

• Issue or waive waste discharge requirements (WDRs)

• Enforcement

• Various actions

GROUNDWATER QUALITY: NITRATE AS INDICATOR OF HUMAN IMPACTS

(http://geotrackerbeta.ecointeractive.com/)

GROUNDWATER QUALITY: SALINITY AS INDICATOR OF HUMAN IMPACTS

(http://geotrackerbeta.ecointeractive.com/)

DISTRIBUTION OF COMPOSTING FACILITIES

CONSTITUENTS OF CONCERN IN LEACHATE AND RUNOFF

• Some of the constituents of concern (COCs) at composting facilities are:

• Salt (Total Dissolved Solids, Electrical Conductivity)

• Nutrients (Nitrates)

• Pathogens (E. coli.)

• Metals (Iron, Copper, Manganese, Nickel, Zinc, Aluminum, Arsenic)

WATER BOARD WATER QUALITY RESPONSIBILITY

Protect Water Quality from Discharges of Waste to Surface Waters and Groundwater

• Permitting

• Discharges that could affect surface water

• Implement the National Pollutant Discharge Elimination System (NPDES) required by federal Clean Water Act and issue NPDES permit(s) for wastewater or stormwater

• Note: Practice of agriculture exempt from NPDES permit, not composting

• Discharges that could affect groundwater

• Issue or waive waste discharge requirements (WDRs)

• Enforcement

• Various actions

PERMITTING: NPDES

Q: When is an NPDES permit NOT required?

A: ONLY if NO discharge to waters of the U.S. under any circumstances

• Possible ways to not discharge to waters of the U.S. (i.e., no NPDES permit needed)

• All potential sources of discharge are protected from precipitation (cover, etc.)

• Site graded with potential sources of discharge fully bermed

PERMITTING: WASTE DISCHARGE REQUIREMENTS (WDRs)

Porter-Cologne Water Quality Control ActCalifornia Water Code (CWC) Division 7, section 13000 et. seq.

• Dischargers of waste that could affect waters of the state

• All surface water and groundwater are waters of the state

• Definition of waste is very broad – could be anything that could affect water quality

• Report of Waste Discharger (ROWD)

• Required of anyone who discharges waste that could affect quality of waters of the state

• Includes character, location, volume of discharge, etc.

PERMITTING: WASTE DISCHARGE REQUIREMENTS (WDRs)

Waste Discharges to Land Subject to Requirements Specified in Title 27, Chapter 3, Code of California Regulations

• Unless exempt as specified in Title 27

• Unless WDRs waived with conditions (CWC, §13269 et seq.)

• Deemed to be in the public interest

• Include monitoring and reporting on the waiver conditions

• Renewal every 5-years including CEQA analysis, or replacement with WDRs

• Consistent with regional water quality control plans (Basin Plans)

PERMITTING: WASTE DISCHARGE REQUIREMENTS IMPLEMENTING TITLE 27 FOR COMPOSTING FACILITIES

• Analysis of liquids sampled at composting facilities (from some feedstocks, additives, amendments, unfinished, and finished compost) indicated potential classification as “designated waste” under Title 27

• Title 27 required designated waste to be managed in a Class II waste management unit that:

• Meets siting criteria

• Contains waste as prescribed

• Implements a groundwater monitoring program

• Meets closure requirements as prescribed

• Funds a financial assurance mechanism

GOALS OF THE STATEWIDE ORDER

• Protect water quality to the same extent as waste discharge of similar threat to water quality

• Provide streamlined permitting process if facilities meet certain requirements

• Waive WDRs with conditions for eligible waste types at composting facilities having the potential to threaten the quality and beneficial uses of the waters of the state

• Allow for streamlined individual Waste Board orders where alternatives to prescriptive requirements are proposed

• Apply to a broad array of composting facilities

• Harmonize, as feasible, with both:

• CalRecycle’s composting regulations in Title 14, and

• CalRecycle’s waste diversion efforts

GOALS OF THE STATEWIDE ORDER

• Recognize the factors affecting water quality:

• Waste types

• Proximity to groundwater supply as defined by:

• Water Quality Protection Areas (WQPAs):

• Proximity to identified Hydrogeologically Vulnerable Areas (HVAs)

• Proximity to groundwater supply wells for drinking water

• Identify Water Quality Protection Measures (WQPMs) to reduce potential threat to water quality

• Provide for tiered WQPMs based on waste type and facility location (within a WQPA)

• Assess annual fees commensurate with regulatory effort

CONCEPTS OF STATEWIDE ORDER

Waste Types

Exempt Wastes

Prohibited Wastes

Eligible Wastes

Ineligible FacilitiesEligible Facilities

Prohibited Wastes

Compostable Municipal Solid Waste

Animal Carcasses

Vegetative Waste

Paper Waste

Food Waste

Manure

Treated Biosolids

Threat To Water Quality

CONCEPTS OF STATEWIDE ORDER

Waste Types

Ineligible Facilities

Prohibited Wastes

Hazardous Waste

Ash w/ Heavy Metals

Wood w/ Preservatives

Petroleum Wastes

Medical Wastes

Mammalian Tissue

Septage

Sludges

CONCEPTS OF STATEWIDE ORDER

Factors Affecting Water Quality

• Facility location and waste type directly affect water quality and therefore the WQPMs needed

• More protective WQPMs are required at facilities with certain wastes or those located in WQPAs

• WQPAs would be defined as:

• Hydrogeologically Vulnerable Areas

• Drinking water supply wells within 300 feet

CONCEPTS OF STATEWIDE ORDER: WQPAs

Hydrogeologically Vulnerable Areas (HVAs)

http://www.swrcb.ca.gov/gama/docs/hva_update.pdfHVAs are where published studies show geologic conditions are more likely to allow surface contaminants to move to groundwater through percolation. For example: areas without an aquitard. Vulnerable areas not mapped, due to their extensiveness, are fractured rock where contaminants can move directly to water.

• More vulnerable to groundwater contamination because no natural protection to deeper groundwater supplies:

• No low-permeability deposits (i.e., confining layers)

• Fractured bedrock

CONCEPTS OF STATEWIDE ORDER

Proximity to Drinking Water Supply Wells

• Areas beyond mapped HVAs may have shallow groundwater used by domestic water supply wells for drinking water

• Well structures not meeting siting and construction standards (DWR, bulletins 74-80 and 74-91) may create a conduit for contamination

• Facilities within 300 feet of a drinking water supply well would be required to use more protective WQPMs

Scenario “Z”No measures in place, so greater threat

20

Composting Facility

20

Proximity to Drinking Water Supply Wells

Confined Groundwater

Unconfined Groundwater

Water Supply Wells

CONCEPTS OF STATEWIDE ORDER: WQPAs

Scenario “M”Measures in place, but setback exceeded, so still a threat

21

Composting Facility

21

CONCEPTS OF STATEWIDE ORDER: WQPAsProximity to Drinking Water Supply Wells

Water Supply Wells

Confined Groundwater

Unconfined Groundwater

Scenario “A”Measures in place, and setback requirement meet, so lower threat

22

Composting Facility

22

CONCEPTS OF STATEWIDE ORDERProximity to Drinking Water Supply Wells

Water Supply Wells

Confined Groundwater

Unconfined Groundwater

Water QualityProtection Areas

Water QualityProtection Areas Tiered Water Quality Protection Measures

Tiered Water Quality Protection Measures

Is the facility located within a

hydrogeologically vulnerable area,

orwithin 300 feet of a drinking water

supply well

Is the facility located within a

hydrogeologically vulnerable area,

orwithin 300 feet of a drinking water

supply well

WasteTypes

WasteTypes

No

No

No

Ye

s

Ye

s

Ye

s

ManureFood Waste/

Biosolids

ManureFood Waste/

BiosolidsAnimal Carcasses/

MSW

Animal Carcasses/MSW

Animal Carcasses/MSW

Animal Carcasses/MSWThe waste

type is:

The waste type is:

Vegetative Waste/Paper Waste

Vegetative Waste/Paper Waste

Manure/Food Waste/

Biosolids

Manure/Food Waste/

Biosolids

CONCEPTS OF STATEWIDER ORDER: WHICH WQPMs TIER?

Water Quality Protection Measures (WQPMs)

Vegetative Waste/Paper Waste

Vegetative Waste/Paper Waste

The waste type is:

The waste type is:

Ye

s

Ye

s

No

Ye

s

Tier IIITier III

Tier IITier II

Tier ITier I

CONCEPTS OF STATEWIDE ORDER: WHICH WQPMs TIER?

Water Quality Protection Measures (WQPMs)

Is the facility located within a

hydrogeologically vulnerable area,

orwithin 300 feet of a drinking water

supply well

Is the facility located within a

hydrogeologically vulnerable area,

orwithin 300 feet of a drinking water

supply well

No

No

No

Ye

s

Ye

s

Ye

s

Manure/Food Waste/

Biosolids

Manure/Food Waste/

BiosolidsAnimal Carcasses/

MSW

Animal Carcasses/MSW

Animal Carcasses/MSW

Animal Carcasses/MSWThe waste

type is:

The waste type is:

Vegetative Waste/Paper Waste

Vegetative Waste/Paper Waste

Manure/Food Waste/

Biosolids

Manure/Food Waste/

Biosolids

Vegetative Waste/Paper Waste

Vegetative Waste/Paper Waste

The waste type is:

The waste type is:

Ye

s

Ye

s

No

Ye

s

Tier IIITier III

Tier IITier II

Tier ITier I

CONCEPTS FOR STATEWIDE ORDER: TIER REQUIREMENTS

Water Quality Protection Measures (WQPMs) - Pads

Tier IIITier III

Tier IITier II

Tier ITier I

Hydraulic ConductivityHydraulic Conductivity

< or = 1 x 10-5 cm/s< or = 1 x 10-5 cm/s

< or = 1 x 10-7 cm/s< or = 1 x 10-7 cm/s

< or = 1 x 10-6 cm/s< or = 1 x 10-6 cm/s

GradeGrade

ThicknessThickness

Minimum 1 footMinimum 1 foot

> or = 1/2%> or = 1/2%

> or = 1/2%> or = 1/2%

> or = 1/2%> or = 1/2%

Minimum 2 feetMinimum 2 feet

Minimum 2 feetMinimum 2 feet

Narrative Narrative

Maintain positive drainageMaintain positive drainage

Equipment usage does not result in rutting or pondingEquipment usage does not result in rutting or ponding

Impede percolationImpede percolation

Maintain positive drainageMaintain positive drainage

Equipment usage does not result in rutting or pondingEquipment usage does not result in rutting or ponding

Impede percolationImpede percolation

Capable of containing 25 year/ 24 hour storm eventCapable of containing 25 year/ 24 hour storm event

Make consideration for wind-driven waves and pump-out disposalMake consideration for wind-driven waves and pump-out disposal

Monitoring and Reporting Program (Ponds Only)Monitoring and Reporting Program (Ponds Only)

Water Quality Protection Measures (WQPMs) - Ponds

Tier IIITier III

Tier IITier II

Tier ITier I

Hydraulic ConductivityHydraulic Conductivity

< or = 1 x 10-5 cm/s< or = 1 x 10-5 cm/s

< or = 1 x 10-7 cm/s< or = 1 x 10-7 cm/s

< or = 1 x 10-6 cm/s< or = 1 x 10-6 cm/s

GradeGrade

> or = 1/2%> or = 1/2%

> or = 1/2%> or = 1/2%

> or = 1/2%> or = 1/2%

ThicknessThickness

Minimum 1 footMinimum 1 foot

Minimum 2 feetMinimum 2 feet

Minimum 2 feetMinimum 2 feet

< or = 1 x 10-6 cm/s< or = 1 x 10-6 cm/s

< or = 1 x 10-7 cm/s< or = 1 x 10-7 cm/s

< or = 1 x 10-7 cm/s< or = 1 x 10-7 cm/s

Narrative Narrative

CONCEPTS FOR STATEWIDE ORDER: TIER REQUIREMENTS

CONCEPTS OF STATEWIDE ORDER: TIER REQUIREMENTS

1 x 10-5 cm/s 1 x 10-6 cm/s 1 x 10-7 cm/s~ 10 ft/yr ~ 1 ft/yr ~ 0.1 ft/yr

Water Quality Protection Measures (WQPMs) – Hydraulic Conductivity

Tier IIITier III

Tier IITier II

Tier ITier I

FACTORS INFLUENCING POTENTIAL WATER QUALITY IMPACT: SITE CONDITIONS

Soil Type

Background Water Quality

Precipitation

Depth to Groundwater

Distance to Surface Water

Distance to Groundwater Wells

Compost Facility

Site Slope

Groundwater

Groundwater

FACTORS INFLUENCING POTENTIAL WATER QUALITY IMPACTS: WATER QUALITY PROTECTION MEASURES

Composting Facility

Groundwater29

Scenario “A”Measures in place, so lower threat

30 Groundwater

Composting Facility

30

FACTORS INFLUENCING POTENTIAL WATER QUALITY IMPACTS: WATER QUALITY PROTECTION MEASURES

Scenario “Z”No measures in place, so greater threat

CONCEPTS OF STATEWIDE ORDER: CHANGE TIER

Additional WQPMs – Not Yet Identified

• Statewide order may identify other WQPMs that would allow a lower Tier pad or pond liner requirements

• Demonstrated equivalent ability to protect groundwater

• Implementation may allow a facility to meet lower tier requirements

• Proposals have included:

• Concrete lined drainage ditches to avoid percolation

• Modify and coordinate watering with storm events to avoid percolation

• Seasonal change pile shape to control evaporation and avoid percolation

• Implementation of a groundwater monitoring and reporting program (one-year) to demonstrate whether waste constituents are percolating

CONCEPTS OF STATEWIDE ORDER: CLOSURE

• Notice of Intent (NOI) to be submitted to the Water Boards and CalRecycle, 30-days prior to beginning closure activities

• Composting facilities will be clean-closed

• Clean-closure for pads and ponds constitutes

• Removal of all solid and liquid wastes

• Dismantle and removal of all containment features

• Removal of all contaminated soils

• If clean-closure is demonstrated to be infeasible, closure requirements specified in CCR Title 27 will be met

• Composting facilities must also comply with CCR Title 14, section 17870

CONCEPTS OF STATEWIDE ORDER: MONITORING

• Monitoring and Reporting on conditions of statewide order required pursuant to Water Code, section 13269(a)(2)

• Monitoring and Reporting Program (MRP) includes:

• Quarterly inspection of facility conditions and monitoring activities

• All Wastewater Ponds - Semi-annual monitoring of wastewater for constituents of concern

• Semi-annual facility report on all observations and monitoring activities (including field and laboratory tests results)

• MRP reporting schedule:

Reporting PeriodReporting Period

October 1 – December 31October 1 – December 31

January 1 – March 31January 1 – March 31 April 30April 30

Report DueReport Due

April 1 – June 30April 1 – June 30

July 1 – September 30July 1 – September 30 October 31October 31

• Submit a Report of Waste Discharge (ROWD)/ Joint Composting Document (JCD) with a filing fee (1st year annual fee)

• The ROWD/JCD:

• Describes the operation

• Identifies the proposed Tier placement (with justification)

• Identifies how the discharge will fully meet the requirements of that Tier

• Water Board will perform a streamlined review of the ROWD

• Dischargers may also be required to obtain an NPDES permit

CONCEPTS OF STATEWIDE ORDER: ENROLLMENT PROCESS

Water Board: Reviews the MRP and inspects the facility, invoices annually for fee, and re-issues statewide order every 5 years (including CEQA analysis)

Water Board: Reviews the MRP and inspects the facility, invoices annually for fee, and re-issues statewide order every 5 years (including CEQA analysis)

Water Board: Reviews the MRP and inspects the facility, invoices annually for fee, and re-issues individual waiver every 5 years (including CEQA analysis) or reviews WDR every 10-15 years

Water Board: Reviews the MRP and inspects the facility, invoices annually for fee, and re-issues individual waiver every 5 years (including CEQA analysis) or reviews WDR every 10-15 years

Discharger: Implements MRP and pays annual fee

Discharger: Implements MRP and pays annual fee

Discharger: Implements MRP and pays annual fee

Discharger: Implements MRP and pays annual fee

Water Board: Reviews the ROWD/JCD, and issues statement of coverage under statewide order

Water Board: Reviews the ROWD/JCD, and issues statement of coverage under statewide order

Water Board: Reviews the ROWD/JCD, and issues individual waiver based on statewide order or WDRs

Water Board: Reviews the ROWD/JCD, and issues individual waiver based on statewide order or WDRs

Discharger: Submits a ROWD/JCD and filing fee

Discharger: Submits a ROWD/JCD and filing fee

Discharger: Submits a ROWD/JCD with engineered alternatives and filing fee

Discharger: Submits a ROWD/JCD with engineered alternatives and filing fee

CONCEPTS OF STATEWIDE ORDER: ENROLLMENT PROCESS

Statewide OrderStatewide Order Individual Waiver or WDRsIndividual Waiver or WDRs

Existing Facilities

• Allowed to temporarily continue current operations.

• Required to submit a ROWD/JCD within 90 days from adoption of the statewide order - if they are:

• Facilities with 12,500 cubic yards or more of materials on site at any time; or

• Facilities composting food waste, biosolids, animal carcasses, municipal solid waste, or any other specified material under the statewide order.

• Required to submit a RWOD/JCD within 180 days from adoption of the statewide order – if they are:

• Facilities with less than 12,500 cubic yards of materials on site at any time; or

• Facilities composting vegetative waste, paper waste, or manure.

CONCEPTS OF STATEWIDE ORDER: ENROLLMENT PROCESS

STATEWIDE ORDER CONCEPTS: ANNUAL FEES

• Any person discharging or proposing to discharge waste is required to submit a ROWD/JCD and an annual fee.

• Options for fees:

• Use current fee schedule (CCR Title 23, section 2200)

• Fees schedule based on assessment of threat to water quality and complexity posed by the discharge

• Most facilities would fall into the lower categories of threat to water quality and complexity with median fee about $3500.

• Stakeholders may propose an alternative schedule

• Regardless of option, the total fees targeted for collection would remain the same – estimated $500,000 annually.

• Joint workshop August 2009 on concepts of statewide order

• Water Boards/CalRecycle interagency meetings

• Water Boards’ internal workgroup

• Stakeholder input • Informal workshops

• Stakeholder workgroup (September 28th and October 27th)

• Formal public comment

• State Water Board consideration of draft statewide order and final CEQA document.

INTERAGENCY COORDINATION

Roger Mitchell, P.G.Engineering Geologist

State Water Resources Control Board(858)467-2724

Composting@waterboards.ca.gov

State Water Resources Control BoardStatewide Order for Composting Facilities

http://www.waterboards.ca.gov/water_issues/programs/compost/index.shtml