HomeMy WebLinkAboutMisc. SECTION 16 -A
GENERAL ELECTRICAL
1. GENERAL
a. The General Conditions, Supplementary General Conditions, and applicable
portions of division 1 of the Specifications are hereby made a part of
the Section.
b. Provide all supervision, labor equipment, tools, transportation services
and materials required for the installation of complete and operating
electrical systems in and for the building.
c. Make the installation in accordance with recognized good practice for
this type of work. Use the proper materials and the proper methods,
whether or not these are described in detail herein.
d. All employees must be skilled in the work to which they are assigned.
All materials must be new and undamaged and of good quality.
2. CODES AND PERMITS
a. Conform to local codes, latest National Electrical Code, latest National
Electrical Safety Code and to applicable State and Local laws. Where
the drawings and specifications exceed the requirements of the code,
comply with drawings and specifications.
b. Obtain and pay all costs for required permits and inspection for all
work included herein.
c. All equipment provided shall be U.L. Listed for the use intended and the
method of installation.
d. All work is to be preformed by or under the direct supervision of an
Electrician holding a current Master's license. If the municipality in
which the work is to be performed does not have a licensing procedure the
license shall be issued by another municipality with a population of 30,000
or more and which requires a written test to obtain the license.
3. GUARANTEE
a. Provide warranty and Guarantee for all work as required by General
Provisions.
4. COORDINATION
a. Coordinate work of this section with that of other trades in order that
the various components of the work will be installed at the proper time,
will fit the available space and will allow proper service access to all
equipment, not just that installed in this section.
b. Any components of the electrical systems which are installed without
regard to the above, must be removed and relocated as directed, at no
additional cost to the Owner.
c. Where various items of equipment and materials are specified as
scheduled (such as by catalog numbers), the purpose is to define the
type and quality, not to set forth the exact trim required. The
electrical contractor will verify the actual trim needed with the
material it is to be mounted on or in.
5. DRAWINGS
a. Drawings indicate approximate locations of the various items of
electrical systems. These items are shown approximately to scale and
attempt to show how these items should be integrated. Locate all the
various items by on- the -job measurements, conformance with Architectural
requirements and cooperation with other trades and the Owner in locating
equipment.
b. Electrical contractor will relocate any electrical outlet within 10 feet
of the proposed outlet at no charge to the owner provided relocation is
done before electrical contractor begins installation.
6. PROTECTION OF EQUIPMENT
a. Do not deliver equipment to the job site until progress of the
MAIN ST. CS WWTP E03 -0502
COLLEGE STATION, TX 16A -1
construction has reached the stage where the equipment is actually
needed, or unless indoor storage space is available to protect the
equipment from the weather. Equipment that has been allowed to stand
in the weather will be rejected and the Contractor is obligated to
furnish new equipment of a like kind at no additional cost to the Owner.
b. Adequately protect the equipment (including all Owner- furnished items),
from damage after delivery to the job sit. Cover with heavy cloths as
required to protect from dirt.
c. Equipment which has been bent or otherwise marred by construction
activities, will be rejected and the contractor is obligated to furnish
new equipment of a like kind at no additional cost to the owner.
7. ACCEPTANCE TEST
a. The contractor shall leave the entire electrical system installed under
this contract in proper working order. Upon completion of the
installation, an acceptance test shall be run under the direction of the
Architect to ascertain that all components are operating correctly as
required for the overall operation of the facility.
8. SHOP DRAWINGS AND SUBMITTALS
i. Submit 4 complete sets of submittals.
ii. Complete descriptive literature, and shop Drawings where
appropriate, shall be submitted for approval. One of the above
copies will be retained by the Engineer for his records the
remaining copies will be returned to the Owner for distribution
to the Contractor.
All items shall be submitted at the same time. Partial
submittals will not be considered.
iv. The submittals shall be bound into a complete brochure. Loose
sheets will not be accepted. Each complete brochure shall
contain a table of contents showing the order in which items are
arranged in the brochure or shall have extended index tabs for
each item. The items shall be arranged in the same order in
each brochure. Where manufacturer's literature contains
information on more than one product, the item being submitted
shall be clearly marked, using the symbol or designation as is
used to identify the items on the Drawings or in the
Specifications.
v. Submittals not complying with the above requirements are subject to
being returned without action.
9. LIGHTING PANEL BOARDS (120/208V 3PH)
a. This specification applies to panel boards designated on the plans.
b. Panel board shall be Square D or equal. Main ratings and branch circuit
breaker ratings shall be of size and number required. Load centers
shall be bolt -on type construction. All current carrying parts of the
bus assembly shall be plated copper. Terminals for feeder conductors
to mains and branch neutral shall be UL listed as suitable for the type
conductor specified. The load center bus assembly shall be enclosed in
a steel cabinet. The size of the wiring gutters and gauge steel shall
be in accordance with UL Standards. Front shall include door and latch
and be provided with a directory for circuit identification.
c. Branch circuit breakers - Branch circuit breakers shall be Square D or
equal. All breakers shall be bolt on quick -break mechanism. Trip
indication shall be clearly shown by the beaker handle taking a position
between "ON" and "OFF" when the breaker is tripped. All multi -pole
breakers shall be single operating handle, common trip variety.
d. Circuit Numbering - Panel board circuit numbering shall be stamped into
the panel cover and such that starting at the top, odd numbers shall be
used in sequence down the left -hand side and even number shall be used
in sequence down the right -hand side.
MAIN ST. CS WWTP E03 -0502
COLLEGE STATION, TX 16A -2
10. SAFETY SWITCHES
a. Safety switches shall be heavy duty, fusible or unfused as required by
the code.
b. Safety switches shall be as manufactured by Square D, or approved equal.
11. RACEWAYS
a. All conduits shall be sized for THW wire with a minimum of 3/4 "size .
b. Below ground - Rigid non - metallic conduit (PVC). In addition to circuit
conductors, provide an equipment grounding conductor sized in accordance
with Table 250 -95, NEC in all non - metallic raceways. The equipment
grounding conductor shall be securely attached to each enclosure to
which the raceway is connected.
c. In concrete slabs - Rigid metallic conduit or rigid non - metallic conduit
as above.
d. Final connections to exterior Space Conditioning equipment - liquid -
tight flexible metal conduit.
e. Rigid conduit connections to panel enclosures, junction boxes, pull
boxes and outlet boxes shall be made through the use of two locknuts
one inside and one outside), pulled tight to assure grounding of the
raceway system and a bushing for wire protection.
f. In all other areas where allowed by code EMT shall be permissible.
g. All EMT connectors shall be steel compression type and shall be
installed wrench tight.
12. WIRE
a. All wire used on this project shall be 600 volt copper, type THHN. No
wire shall be smaller than #12, except low voltage control wiring.
b. All wiring shall be sized as per National Electrical Code requirements
and it shall be the contractors responsibility to verify sizing and
bring to the attention of the Engineer any Changes which he makes before
installation.
c. Stranded conductors shall be terminated with crimp type spade lugs if
being connected under a screw type terminal.
13. EQUAL PRODUCTS
i. The naming of a manufacturer and model number, or other identifying
designation, of a product herein is intended to establish
construction, physical size, electrical characteristics, capacities,
and /or other features affecting the utilization of the product in
this particular project, unless otherwise noted. The products of
other manufacturers will be considered and will be accepted if they
are equal in all respects to the specified products, and the
Contractor has submitted a letter stating that he has investigated
the substitution and states in writing that the proposed
substitution is equal or better in every respect to that shown on
the prints and Specifications. The decision as to the equality
shall rest with the Engineer, and such decision shall be final.
Should the product of an alternate manufacturer be "approved ", the
Contractor proposing such product shall be responsible for any
additional costs to other Contractors for changes on their work
necessitated by the substitute. Substitution proposals shall
conform to the requirements of the General and Supplemental General
conditions and Special Provisions.
14. EXCAVATION AND BACKFILL
a. All excavation for underground utilities shall be made true to grade so
that piping rests on undisturbed earth. If the above is not feasible,
or at the Contractor's option, excavation shall be made a minimum of six
inches below the required grade to provide a sand bed for the piping.
Backfill over piping shall be made with earth or fill sand free of
debris and shall be tamped by hand or mechanical means to the density
of the adjacent undisturbed earth. Back fill under slabs on grade shall
MAIN ST. CS WWTP E03 -0502
COLLEGE STATION, TX 16A -3
be made in accordance with the Architect's Specifications of such areas.
When excavation is to be made where the surface material is concrete,
the Contractor requiring the excavation shall layout the limits. The
General Contractor will remove the surface material only and replace it;
the Contractor requiring the excavation shall perform all other
excavation and backfill in accordance with the above.
b. All trenching and excavation shall be done in strict accordance with
current OSHA Requirements and all other applicable safety codes and
standards.
15. GUARANTEE
a. Before final payment is made; each Contractor or Sub- Contractor
performing work covered by these divisions shall guarantee, in writing,
that the work performed is free of defective materials, equipment and
faulty workmanship and shall remain so for a period of one (1) year from
the date of substantial completion of acceptance by the owner. The
guarantee shall cover the replacement of any defective materials or
equipment and correction of any faulty workmanship without additional
cost to the owner.
***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
END OF SECTION 16 -A
MAIN ST. CS WWTP E03 -0502
COLLEGE STATION, TX 16A -4
•
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{4) Carol Cotter
Planning and Zoning
City of College Station
1101 Texas Avenue
College Station, TX 77840
To Whom It May Concern:
Attached is a letter sent to TCEQ asking that the permitting of a waste water
facility held by Mainstreet Homes (under Wellborn Resources LLC) be amended or
revoked. We ask that until this issue is resolved by TCEQ that no plat approval be given
to the proposed subdivision, Meadow Creek. Thank you.
Sincerely,
Greg and Cathy Tayl r
15796 I and GN Road
College Station, TX 77845
(979) 690 -7236
May 11, 2005
Office of the Chief Clerk MC -105
TCEQ
P.O. Box 13087
Austin, TX 78711
•
Dear Sirs:
This letter is meant to express our concerns as homeowners with the Permit
#WQ0013850 -001. This permit is now held by Wellborn Resources LLC (segment
# 1209). Under the current permit Mainstreet Homes (under Wellborn Resources LLC)
will develop a residential subdivision, Meadow Creek, as well as a water treatment
facility. Waste water from the sewer treatment plant is scheduled to be discharged into
the "dry" creek on the adjacent property owned by Larry and Jonne Young. The water
will then travel via the creek over the property of Greg and Cathy Taylor and Jack and
Donna Winslow. At that point it will flow into a larger section of the creek and travel
across undeveloped land.
We have concerns regarding the permitting of this water treatment facility. These
are outlined below:
1. Proposed sewer treatment plant was originally submitted to the TCEQ to support
the 60 to 100 additional mobile homes that were to be added to the A &R mobile
home park. Mainstreet Homes will build a total of 334 residential dwellings with
no change to the plans for the treatment plant. A meeting with them on March 31,
2005, revealed that they were ignorant of the course of the creek and of the
problems that the landowners had with the flow of the creek.
2. No study was done on the environmental impact and property damage caused by
the development of this waste treatment facility. Currently at least 50 percent of
the Mainstreet property is below grade level and retains a substantial amount of
water from rain and "run off'. Sections visually appear as a bog replete with
cattails.
3. At present, the "Unnamed Tributary" where the waste water will begin is dry
approximately 85% of the year and only has moving water during periods of "run
off" due to storm activity. These rainy periods have and will in the future quickly
fill the creek to capacity. This is especially significant for the property at 15796 I
and GN Road. An attached plat map shows that rain water not only flows down
the creek from upstream, but enters the stream from Hidden Acres Road and the I
and GN Road. These two latter patterns of rain drainage flow across the Taylor's
property and enter an often times full creek. A third source of drainage is from
the pond which during times of rain will allow excess water to drain into the
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creek through an overflow pipe. It is felt that the permitting of this waste
treatment facility will put the Taylor Homestead in jeopardy of flooding on a
regular basis. Unfortunately, the cost of damages will be born by the Taylor's.
This too is a problem on the Jack Winslow property.
4. Outflow for the final water detention area is directly on the property line within
the utility easement. This essentially discharges the waste water directly onto the
adjacent property. At this point, the water is moved onto the property owned
Larry Young. The Larry Young's (5205 Hidden Acres Dr.) and the Rick Young's
(5250 Hidden Acres Dr.) have both installed culverts, bridges, and roads over the
creek at several locations to allow them access to their homes and I and GN Road.
The waste water will be discharged into the creek constantly flowing 24 hours a
day 365 days a year. There will no longer be any time when the creek bed will be
dry to allow for repairs to culverts or bridges. They will bear the expense of
damming the creek to allow for repairs. They also will be monetarily responsible
for any damages resulting from flooding of the creek.
5. An alternative route for the discharge of this waste water exists. This is to
change the point of discharge to a location further downstream. Once past Jack
and Donna Winslow's place, the creek crosses I and GN Road onto undeveloped
land. The creek is fed at this point from at least four different locations and
maintains a constant water level. It is between 8 to 12 feet wide and can support
the additional water from the treatment facility. An outflow pipe could be placed
across the affected properties which would drain directly onto the above
undeveloped land. Ar,ate plot n-‘c_. ;11 u_; tc-n_tzs
ro ute.
Since, we, the property owners along the creek, were not notified in writing of the
permitting of this waste treatment facility and of the subsequent transfer of it to
Mainstreet Homes, we appeal to your agency to review this permit and to amend it or
revoke it to protect the integrity of the proposed site of development as well as the
property downstream from it. Thank you for reviewing these concerns.
Sincerely,
_\19s mac,
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Greg anV Cathy Taylor Rick and aria Young •
15796 I &GN Road 5250 Hidden Acres Dr.
College Station, TX 77845 College Station, TX 77845
(979) 690 -7236 (979) 690 -1159 Q
L and/Jo l Young J and Donna inslow
5205 Hidden Acres Dr. 16004 I &GN Road
College Station, TX 77845 College Station, TX 77845
(979) 690 -1099 (979) 690 -0963
Fr 0 - 10
/ • •
TPDES PERMIT NO. WQ0013850001
[For TCEQ Office Use Only
EPA ID No. TX0118672J
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY This is a renewal that replaces
P.O. Box 13087 TPDES Permit No.13850 -001 issued
Austin, Texas 78711 -3087 December 13, 1999.
PERMIT TO DISCHARGE WASTES
under provisions of
Section 402 of the Clean Water Act
and Chapter 26 of the Texas Water Code
Wellborn Resources LLC
whose mailing address is
P.O. Box 6733
Bryan, Texas 77805
is authorized to treat and discharge wastes from the Wellborn Resources LLC Wastewater Treatment Plant, SIC Code
4952
located 4,500 feet southwest of Farm -to- Market Road 2154 on Koppe Bridge Road and approxiamately 1 mile south
of Wellborn in Brazos County, Texas
to an unnamed tributary; thence to Peach Creek; thence to the Navasota River Below Lake Limestone in Segment
No. 1209 of the Brazos River Basin
only according with effluent limitations, monitoring requirements and other conditions set forth in this permit, as well
as the rules of the Texas Commission on Environmental Quality (TCEQ), the laws of the State of Texas, and other
orders of the TCEQ. The issuance of this permit does not grant to the permittee the right to use private or public
property for conveyance of wastewater along the discharge route described in this permit. This includes, but is not
limited to, property belonging to any individual, partnership, corporation or other entity. Neither does this permit
authorize any invasion of personal rights nor any violation of federal, state, or local laws or regulations. It is the
responsibility of the permittee to acquire property rights as may be necessary to use the discharge route.
This permit shall expire at midnight, May 1, 2009.
ISSUED DATE: JUL 0 9 2004
/ For the Commission
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•
, March 16, 2005
TO: Carol Cotter
CS Planning & Zoning Commission
FROM: Home owners of Hidden Acres Dr. and I &GN Rd.
DATE: March 16, 2005
SUBJECT: Proposed Meadow Creek Subdivision.
To Whom it May Concern,
We are contacting CS Planning & Zoning Commission to request your assistance in
resolving several issues with the proposal submitted by Main Street Homes for the Meadow
Creek subdivision. We, the adjacent property owners were not formally notified by Main Street
Homes as to their intent for the property known as the A &R mobile home park. Neither were we
given the opportunity to review the construction plans and their impact prior to the submission of
said plans to CS Planning and Zoning, Brazos County Road and Bridge Dept. and to the office of
County Commissioner Pct.1.
The following will outline the correctable problems with the current proposal submitted by Main
Street Homes and suggest remedies to reduce the physical damage and environmental impact to
the adjacent properties and/or properties which maintain the outflowing creek known as the
"Unnamed Tributary ".
Current issues that should be addressed before proposals are approved.
1. Proposed sewer treatment plant was originally submitted to the TCEQ to support the 60-
100 additional mobile homes that were to be added to the A &R mobile home park. Their
assumption is that the permit from the TCEQ will convey to Main Street Homes to
service a total of 334 residential dwellings with no change to the plans for the treatment
plant.
a. TCEQ statement only takes into account the water quality of the sewer plant
discharge and the existence of a creek to dump it in.
b. No study was done on the environmental impact and property damage caused by
the constant flow across the down stream properties.
2. Waste water from the sewer treatment plant is proposed to be discharged into the "dry"
creek on the adjacent property owned by Larry Young.
a. The creek starts as a result of storm drainage from the A &R property and the
Jerry Caldwell property. The creek is normally dry 85% of the time and only has
moving water during periods of "run off' due to storm activity.
b. Environmental impact due to constant waste water flow and the subsequent
erosion it will cause has been ignored by the project planners.
i. Average flow of 120,000 gallons per day.
ii. Peak flow of 480,000 gallon per day.
c. Economic burden imposed on property owners that own the creek have not been
addressed by the project planners.
i. Property owners have paid to install culverts, bridges and roads over the
creek at several locations.
ii. Natural erosion by rainfall and subsequent water "run off" through the
creek is usually repaired during the summer months when property owners
are insured several weeks, if not months of dry creek conditions.
iii. The sewer waste water discharged into the creek will be constantly
flowing 24 hours a day 365 days a year. There will no longer be any time
when the creek bed will be dry to allow for repairs to culverts or bridges.
3. Drainage from the proposed Meadow Creek subdivision has been shifted completely to
the adjacent property owned by Larry Young and subsequently properties owned by Greg
Taylor and Jack Winslow.
a. Currently at least 50% of the A &R property is below grade level and retains a
substantial amount of water from rain and "run off'.
b. The creek that currently traverses the A &R property is to be completely removed
and the land built up to support the 334 proposed homes.
i. The amount of water shed from the Meadow Creek subdivision will be
several times the current amount once the homes, streets and other
topographical changes are made.
ii. Drainage studies only take into account the current flow across the
property and do not address the increased flow due to reduced ground
water absorption and changes in property elevation.
iii. Proposed detention ponds are not sufficient to contain "run off' from
entire property.
c. Out flow for the final water detention area is directly on the property line, within
the utility easement. Essentially discharging the waste water directly on the
adjacent property.
i. At the point where the water is discharged onto the property owned by
Larry Young, the creek is less than 3 ft. wide by 2 - 3 ft. deep .
ii. The discharge is dumped onto the property by two chutes that are 4 ft.
wide by 2 ft. deep.
iii. The destruction of property will be substantial as is the potential for
flooding when this outflow hits the small creek when entering the adjacent
property.
Proposed remedies for water and sewage outflow from the Meadow Creek
subdivision:
1. As proposed by Wellborn Special Utility District for management of sewer waste water
discharge.
a. Install drainage pipe from sewer treatment plant to traverse the 3 affected
properties, Larry Young, Greg Taylor and Jack Winslow.
b. This will divert the constant flow of water from the treatment plant away from the
smaller portion of the creek and avoid the erosion problems associated with it.
c. This will discharge the waste water into a larger section of the creek at a point
where it travels under I &GN and across undeveloped land.
d. The creek at this point contains existing water to co- mingle with the waste water
from the sewer treatment plant and will further lessen environmental impact.
2. Main Street Homes to assist in the management of the creek across the 3 affected
properties.
a. Clean and deepen the creek as needed to allow the efficient flow of water leaving
the detention ponds in the Meadow Creak subdivision.
b. Installation of appropriate sized concrete culverts under roads on affected
properties. This in an effort to minimize the cost incurred by the land owners due
to the Main Street Homes construction project and the change in the amount of
ground water flow.
3. Installation of privacy fence along the adjacent properties on the southern and eastern
property lines.
a. Few of the adjacent properties have the luxury of a tree line to block line of sight
between the newly constructed homes in the Meadow Creek subdivision.
b. This will also provide a sound barrier for the sewer treatment plant.
In closing, I want to make it clear that the property owners listed below want to be good
neighbors to the Meadow Creek subdivision, but we must insure that our collective properties are
not damaged by changes made during construction and subsequent growth of the Meadow Creek
subdivision.
Thank you for your consideration on this matter,
Home owners of Hidden Acres Dr. And I &GN Rd.
Rick and Marla Young Richard and Karen Miller Jack and Donna Winslow
5250 Hidden Acres 5050 Hidden Acres Dr. 16004 I &GN Rd.
Barry and Janet Young Lee and Johnie McCleskey Darin & Mary Menn
5220 Hidden Acres Dr. 5000 Hidden Acres Dr. 4949 Clayton Ln.
Larry and Jonne Young Greg and Cathy Taylor Joe & Lori Gabriel
5205 Hidden Acres Dr. 15796 I &GN Rd. 4975 Clayton Ln.
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Texas Natural Resource Conservation Commission Page 1
Chapter 309 - Domestic Wastewater Effluent Limitation and Plant Siting
SUBCHAPTER B : LOCATION STANDARDS
§ §309.10- 309.14
Effective June 5, 1998
§309.10. Purpose, Scope and Applicability.
(a) This chapter establishes minimum standards for the location of domestic wastewater treatment
facilities. These standards are to be applied in the evaluation of an application for a permit to treat and
dispose of domestic wastewater and for obtaining approval of construction plans and specifications. This
chapter applies to domestic wastewater permit applications and construction plans and specifications filed on
or after October 8, 1990, for new facilities and existing units which undergo substantial change for the
continued purpose of domestic wastewater treatment.
(b) The purpose of this chapter is to condition issuance of a permit and/or approval of construction
plans and specifications for new domestic wastewater treatment facilities or the substantial change of an
existing unit on selection of a site that minimizes possible contamination of ground and surface waters; to
define the characteristics that make an area unsuitable or inappropriate for a wastewater treatment facility; to
minimize the possibility of exposing the public to nuisance conditions; and to prohibit issuance of a permit
for a facility to be located in an area determined to be unsuitable or inappropriate, unless the design,
construction, and operational features of the facility will mitigate the unsuitable site characteristics.
Adopted May 7, 1998 Effective June 5, 1998
§309.11. Definitions.
The following words and terms when used in this chapter, shall have the following meanings, unless
the context clearly indicates otherwise:
(1) Active geologic processes - Any natural process which alters the surface and/or
subsurface of the earth, including, but not limited to, erosion (including shoreline erosion along the coast),
submergence, subsidence, faulting, karst formation, flooding in alluvial flood wash zones, meandering river
bank cutting, and earthquakes.
(2) Aquifer - A geologic formation, group of formations, or part of a formation capable of
yielding a significant amount of groundwater to wells or springs. Portions of formations, such as clay beds,
which are not capable of yielding a significant amount of groundwater to wells or springs are not aquifers.
(3) Erosion - The group of natural processes, including weathering, deterioration,
detachment, dissolution, abrasion, corrosion, wearing away, and transportation, by which earthen or rock
material is removed from any part of the earth's surface.
(4) Existing facility - Any facility used for the storage, processing, or disposal of domestic
wastewater and which has obtained approval of construction plans and specifications as of March 1, 1990.
Texas Natural Resource Conservation Commission Page 2
Chapter 309 - Domestic Wastewater Effluent Limitation and Plant Siting
(5) New facility - Any domestic wastewater treatment facility which is not an existing
facility.
(6) Nuisance odor prevention - The reduction, treatment, and dispersal of potential odor
conditions that interfere with another's use and enjoyment of property that are caused by or generated from a
wastewater treatment plant unit, which conditions cannot be prevented by normal operation and maintenance
procedures of the wastewater treatment unit.
(7) One hundred -year flood plain -- Any land area which is subject to a 1.0% or greater
chance of flooding in any given year from any source.
(8) Substantial change in the function or use - an increase in the pollutant load or
modification in the existing purpose of the unit.
(9) Wastewater treatment plant unit - Any apparatus necessary for the purpose of
providing treatment of wastewater (i.e., aeration basins, splitter boxes, bar screens, sludge drying beds,
clarifiers, overland flow sites, treatment ponds or basins that contain wastewater, etc.). For purposes of
compliance with the requirements of §309.13(e) of this title (relating to Unsuitable Site Characteristics), this
definition does not include off -site bar screens, off -site lift stations, flow metering equipment, or post -
aeration structures needed to meet permitted effluent minimum dissolved oxygen limitations.
(10) Wetlands - Those areas that are inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs, playa lakes, and similar areas.
Adopted May 7, 1998 Effective June 5, 1998
§309.12. Site Selection to Protect Groundwater or Surface Water.
The commission may not issue a permit for a new facility or for the substantial change of an existing
facility unless it finds that the proposed site, when evaluated in light of the proposed design, construction or
operational features, minimizes possible contamination of surface water and groundwater. In making this
determination, the commission may consider the following factors:
(1) active geologic processes;
(2) groundwater conditions such as groundwater flow rate, groundwater quality, length of
flow path to points of discharge and aquifer recharge or discharge conditions;
(3) soil conditions such as stratigraphic profile and complexity, hydraulic conductivity of
strata, and separation distance from the facility to the aquifer and points of discharge to surface water; and
(4) climatological conditions.
Texas Natural Resource Conservation Commission Page 3
Chapter 309 - Domestic Wastewater Effluent Limitation and Plant Siting
Adopted May 7, 1998 Effective June 5, 1998
§309.13. Unsuitable Site Characteristics.
(a) A wastewater treatment plant unit may not be located in the 100 -year flood plain unless the plant
unit is protected from inundation and damage that may occur during that flood event.
(b) A wastewater treatment plant unit may not be located in wetlands. (This prohibition is not
applicable to constructed wetlands.)
(c) A wastewater treatment plant unit may not be located closer than 500 feet from a public water
well as provided by §290.41(c)(1)(B) of this title (relating to Ground Water Sources and Development) nor
250 feet from a private water well. The following separation distances apply to any facility used for the
storage, processing, or disposal of domestic wastewater. Exceptions to these requirements will be considered
at the request of a permit applicant on a case -by -case basis, and alternative provisions will be established in a
permit if the alternative condition provides adequate protection to potable water sources and supplies:
(1) A wastewater treatment plant unit, land where surface irrigation using wastewater
effluent occurs, or soil absorption systems (including low pressure dosing systems, drip irrigation systems,
and evapotranspiration beds) must be located a minimum horizontal distance of 150 feet from a private water
well;
(2) A wastewater treatment plant unit, or land where surface irrigation using wastewater
effluent occurs, must be located a minimum horizontal distance of 500 feet from an elevated or ground
potable -water storage tank as provided by §290.43 (b)(1) of this title (relating to Location of Clear Wells,
Standpipes, and Ground Storage and Elevated Tanks.);
(3) A wastewater treatment plant unit, or land where surface irrigation using wastewater
effluent occurs, must be located a minimum horizontal distance of 500 feet from a public water well site as
provided by §290.41(c)(1)(C) of this title, spring, or other similar sources of public drinking water;
(4) A wet well or pump station at a wastewater treatment facility must be located a
minimum horizontal distance of 300 feet from a public water well site, spring, or other similar sources of
public drinking water as provided by §290.41(c)(1)(B) of this title; and
(5) A wastewater treatment plant unit, or land where surface irrigation using wastewater
effluent occurs must be located a minimum horizontal distance of 500 feet from a surface water treatment
plant as provided by §290.41(e)(3)(A) of this title.
(d) A wastewater treatment facility surface impoundment may not be located in areas overlying the
recharge zones of major or minor aquifers, as defined by the Texas Water Development Board, unless the
aquifer is separated from the base of the containment structure by a minimum of three feet of material with a
hydraulic conductivity toward the aquifer not greater than 10' cm/sec or a thicker interval of more permeable
material which provides equivalent or greater retardation of pollutant migration. A synthetic membrane liner
Texas Natural Resource Conservation Commission Page 4
Chapter 309 - Domestic Wastewater Effluent Limitation and Plant Siting
may be substituted with a minimum of 30 mils thickness and an underground leak detection system with
appropriate sampling points.
(e) One of the following alternatives must be met as a compliance requirement to abate and control a
nuisance of odor prior to construction of a new wastewater treatment plant unit, or substantial change in the
function or use of an existing wastewater treatment unit:
(1) Lagoons with zones of anaerobic activity (e.g., facultative lagoons, un- aerated
equalization basins, etc.) may not be located closer than 500 feet to the nearest property line. All other
wastewater treatment plant units may not be located closer than 150 feet to the nearest property line. Land
used to treat primary effluent is considered a plant unit. Buffer zones for land used to dispose of treated
effluent by irrigation shall be evaluated on a case -by -case basis. The permittee must hold legal title or have
other sufficient property interest to a contiguous tract of land necessary to meet the distance requirements
specified in this paragraph during the time effluent is disposed by irrigation;
(2) The applicant must submit a nuisance odor prevention request for approval by the
executive director. A request for nuisance odor prevention must be in the form of an engineering report,
prepared and sealed by a licensed professional engineer in support of the request. At a minimum, the
engineering report shall address existing climatological conditions such as wind velocity and atmospheric
stability, surrounding land use which exists or which is anticipated in the future, wastewater characteristics in
affected units pertaining to the area of the buffer zone, potential odor generating units, and proposed
solutions to prevent nuisance conditions at the edge of the buffer zone and beyond. Proposed solutions shall
be supported by actual test data or appropriate calculations. The request shall be submitted, prior to
construction, either with a permit application and subject to review during the permitting process or
submitted for executive director approval after the permitting process is completed; or,
(3) The permittee must submit sufficient evidence of legal restrictions prohibiting
residential structures within the part of the buffer zone not owned by the applicant. Sufficient evidence of
legal restriction may, among others, take the form of a suitable restrictive easement, right -of -way, covenant,
deed restriction, deed recorded, or a private agreement provided as a certified copy of the original document.
The request shall be submitted, prior to construction, either with a permit application and subject to review
during the permitting process or submitted for executive director approval after the permitting process is
completed.
(f) For a facility for which a permit application, other than a renewal application, is made after
October 8, 1990, if the facility will not meet the buffer zone requirement by one of the alternatives described
in subsection (e) of this section, the applicant shall include in the application for the discharge permit a
request for a variance. A variance will be considered on a case -by -case basis and, if granted by the
commission, shall be included as a condition in the permit. This variance may be granted by the commission,
consistent with the policies set out in Texas Water Code, §26.003.
(g) Any approved alternative for achieving the requirements of this subsection must remain in effect
as long as the wastewater treatment plant is permitted by the commission. To comply with this requirement,
the permittee must carry out the nuisance odor prevention plan at all times, shall ensure sufficient property
ownership or interest and shall maintain easements prohibiting residential structures, as appropriate.
Texas Natural Resource Conservation Commission Page 5
Chapter 309 - Domestic Wastewater Effluent Limitation and Plant Siting
(h) For a permitted facility undergoing renewal of an existing permit with plans and specifications
approved prior to March 1, 1990, for which no design change is requested, the facility will not be required to
comply with the requirements of this subsection.
(i) Facilities for which plans and specifications have been approved prior to March 1, 1990, are not
required to resubmit revised plans and specifications to meet changed requirements in this section in
obtaining renewal of an existing permit.
Adopted May 7, 1998 Effective June 5, 1998
§309.14. Prohibition of Permit Issuance.
(a) The commission may not issue, amend, or renew a permit for a wastewater treatment plant if the
facility does not meet the requirements of §309.13 of this title (relating to Unsuitable Site Characteristics).
(b) Nothing in this chapter shall be construed to require the commission to issue a permit,
notwithstanding a fording that the proposed facility would satisfy the requirements of §309.12 of this title
(relating to Site Selection to Protect Groundwater or Surface Water) and notwithstanding the absence of site
characteristics which would disqualify the site from permitting pursuant to §309.13 of this title (relating to
Unsuitable Site Characteristics).
Adopted May 7, 1998 Effective June 5, 1998
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Wellborn Resources LLC TPDES Permit No. WQQOI.185000 1
b. The following violations shall he reported under Monitoring and Reporting Requirement 7.a.:
i. Unauthorized discharges as defined in Permit Condition 2(g).
ii. Any unanticipated bypass which exceeds any effluent limitation in the permit.
iii. Violation of a permitted maximum daily discharge limitation for pollutants listed specifically in the Other
Requirements section of an Industrial TPDES permit_
c. In addition to the above, any effluent violation which deviates from the permitted effluent limitation by more than 40%
shall be reported by the perrnittee in writing to the Regional Office and the Enforcement Division (MC 224) within 5
working days of becoming aware of the noncompliance,
d. Any noncompliance other than that specified in this section, or any required information not submitted or submitted
incorrectly, shall be reported to the Enforcement Division (MC 224) as promptly as possible. For effluent limitation
violations, noncomplianees shall be reported on the approved self -report form_
8. In accordance with the procedures described in 30 TAC §§ 35.301 - 35.303 (relating to Watcr Quality Emergency and
Temporary Orders) if the permittcc knows in advance of the need for a bypass, it shall submit prior notice by applying for
such authorization.
9. Changes in Discharges of Toxic Substances
All existing manufacturing, commercial, mining, and silvicultural permittees shall notify the Regional Office, orally or by
facsimile transmission within 24 hours, and both the Regional Office and the Enforcement Division (MC 224) in writing
within five (5) working days, after becoming aware of or having reason to believe:
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any
toxic pollutant listed at 40 CFR Part 122, Appendix D, Tables ll and III (excluding Total Phenols) which is not limited
in the permit, if that discharge will exceed the highest of the following "notification levels ": •
i. One hundred micrograms per liter (100 lig/L);
ii. Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500
µg/I,) for 2,4- dinitrophenol and for 2 - methyl 4,6 dinitrophenol; and mac milligram per liter (t mg/L) for antimony;
iii. Five (5) times the maximum concentration value reported for that pollutant in the permit application; or
iv. The level established by the TCEQ_
b. That any activity has occurred or will occur which would result in any discharge, on a nonroutinc or infrequent basis,
of a toxic pollutant which is not Limited in the permit, if that discharge will exceed the highest of the following
"notification levels":
i. rive hundred micrograms per liter (500 p.g/L);
ii. One milligram per liter (1 mg/L) for antimony;
iii. Ten (10) times the maximum concentration value reported for that pollutant in the permit application; or
iv. The level established by the TCEQ.
I0. Signatories to Reports
All reports and other information requested by the Executive Director shall be signed by the person and in the manner
required by 30 TAC § 305.128 (relating to Signatories to Reports).
11, All Publicly Owned Treatment Works (POTWs) must provide adequate notice to the Executive Director of the following:
a. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301
or 306 of the CWA if it were directly discharging those pollutants;
b. Any substantial change in the volume or character ofpollutants being introduced into that POTW by a source introducing
pollutants into the POTW at the time of issuance of the permit; and
•
c. For the purpose of this paragraph, adequate notice shall include information on:
i. The quality and quantity of effluent introduced into the POTW; and
ii. Any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW,
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•
Wellborn Resources L,L(_` TPDES Permit No. WQ)001
PERMIT CONDITIONS
1. General
a. When the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in an application or in any report to the Executive Director, it shall promptly submit such facts or
information.
b. This permit is granted on thc basis of the information supplied and representations made by thc permittee during action
on an application, and relying upon the accuracy and corripleteness of that information and those representations. A ft e
notice and opportunity for a hearing, this permit may be modified, suspended, or revoked, in whole or in part, in
accordance with 30 TAC Chapter 305, Subchapter D, during its term for good cause including, but not limited to, the
following:
i, Violation of any terms or conditions of this permit;
ii. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or
iii. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized
discharge.
c, The pertnittce shall furnish to thc Executive Director, upon request and within a reasonable time, any information to
determine whether cause exists for amending, revoking, suspending or terminating the permit_ The permittee shalt also
furnish to the Executive Director, upon request, copies of records required to he kept by thc permit.
2. Compliance
a, Acceptance of the permit by the person to whom it is issued constitutes acknowledgment and agreement that such person
will comply with all the terms and conditions embodied in the permit, and the titles and other orders of the Commission.
b. The permittee has a duty to comply with all conditions of the permit_ Failure to comply with any permit condition
constitutes a violation of the permit and thc Texas Water Code or the Texas Health and Safety Code, and is grounds for
enforcement action, for permit amendment, revocation or suspension, or for denial of a permit renewal application or
an application for a permit for another facility
c. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of the permit_
d. The pertnitee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal or other
permit violation which has a reasonable likelihood of adversely affecting human health or the environment.
e. Authorization from the Cornmission is required before beginning any change in the permitted facility or activity tha t may
result in noncompliance with any permit requirements.
f, A permit may be amended, suspended and reissued, or revoked for cause in accordance with 30 TAC §§ 305.62 and
305.66 and Texas Water Code Section 7.302_ The filing of a request by the permittee for a permit amendment,
suspension and reissuancc, or termination. or a notification of planned changes or anticipated noncompliance, does not
stay any permit condition.
g. There shall be no unauthorized discharge of wastewater or any other waste. For the purpose of this permit, an
unauthorized discharge is considered to be any discharge of wastewater into or adjacent to water in the state at any
location not permitted as an outran or otherwise defined in the Other Requirements section of this permit.
h. In accordance with 30 TAC § 305.535(a), the permittee may allow any bypass to occur from a TPDES permitted facility
which does not cause permitted effluent limitations to be exceeded or an unauthorized discharge to occur, but only if the
bypass is also for essential maintenance to assure efficient operation_
i_ The permittee is subject to administrative, civil, and criminal penalties, as applicable, under Texas Water Code § §7.051 -
7.075 (relating to Administrative Penalties), 7.101 - 7.111 (relating to Civil Penalties), and 7.141 - 7.202 (relating to
Criminal Offenses and Penalties) for violations including, but not limited to, negligently or knowingly violating the
federal Clean Water Act, §§ 301, 302, 306, 307, 308, 318, or 405, or any condition or limitation implementing any
sections in a permit issued under the CWA § 402, or any requirement imposed in a pretreatment program approved under
the CWA §§ 402 (a)(3) or 402 (b)(8).
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1ti'el]Iuttn Resources i.1.(' 1'Pf)ES Permit No. WO001 3850001
t. lnspechons and Entry
a. Inspection and entry shall be allowed as prescribed in the Texas Water Code. Chapters 26, 27, and 28, and Texas I lea lth
and Safety Code Chapter 361.
b. The members of the Commission and employees and agents of the Conunission are entitled to enter any public or private
property at any reasonable time for thc purpose of inspecting and investigating conditions relating to the quality of water
in the state or the compliance with any rule, regulation, permit or other order of the Commission. Members, employees,
or agents of the Commission and Commission contractors are entitled to enter public or private property at any
reasonable tune to investigate or monitor or, if the responsible party is not responsive or there is an inumdiate danger
to public health or the environment, to reprove or rcmediatc a condition related to the quality of water in the state.
Menthers, employees, Commission contractors, or agents acting under this authority who enter private property shall
observe the establishment's rules and regulations concerning safety, internal security, and fire protection, and if the
property has management in residence, shall notify management or the person then in charge of his presence and shall
exhibit proper credentials, if any member, employee, Cornnussion contractor, or agent is refused the right to enter in
or on public or private property under this authority, the Executive Director may invoke the remedies authorized in Texas
Water Code Section 7.002. The statement above, that Commission entry shall occur in accordance with an
establishment's rules and regulations concerning safety, internal security, and fire protection, is not grounds for denial
or restriction of entry to any part of thc facility, but merely describes the Commission's duty to observe appropriate titles
and regulations during an inspection.
4 Permit Amendment and/or Renewal
a. The permitter shall give notice to the Executive Director as soon as possible of any planned physical alterations or
additions to the permitted facility if such alterations or additions would require a permit amendment or result in a
violation of permit requirements. Notice shall also be required under this paragraph when:
i. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is
a new source in accordance with 30 TAC § 305.534 (relating to New Sources and New Dischargers); or
ii. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged.
This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to
notification requirements in Monitoring and Reporting Requirements No. 9;
The alteration or addition results in a significant change in the permittce's sludge use or disposal practices, and such
alteration, addition, or change may justify the application of permit conditions that are different from or absent to
thc existing permit, including notification of additional use or disposal sites not reported during the permit
application process or not reported pursuant to an approved land application plan,
b. 'nor to any facility modifications, additions, or expansions that will increase the plant capacity beyond the permitted
flow, the perminee must apply for and obtain proper authorization from the Commission before commencing
construction.
c. The permittee must apply for an amendment or renewal prior to expiration of the existing permit in order to continue a
permitted activity after the expiration date of the permit. If an application is submitted prior to the expiration date of the
permit, the existing permit shall remain in effect until the application is approved, denied, or returned. If the application
is returned or denied, authorization to continue such activity shall terminate upon the effective date of the action. If an
application is not submitted prior to the expiration date of the permit, the permit shall expire and authorization to
continue such activity shall terminate.
d. Prior to accepting or generating wastes which arc riot described in the peruut application or which would result in a
significant change in the quantity or quality of the existing discharge, the permittee roust report the proposed changes
to the Commission. The permittee trust apply for a permit amendment reflecting any necessary changes in permit
conditions, including effluent limitations for pollutants not identified bud limited by this permit.
e. In accordance with thc Texas Water Code § 26.029(b), after a public hearing, notice of which shall be given to the
permitter, the Couutussion may require the permittee, from time to time, for good cause, in accordance with applicable
' laws, to conform to new or additional conditions.
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•
Wellborn Resources l.LC 'HIDES Permit No. WQ00138S0001
f. if any toxic effluent standard or prohibition (including any schedule of compliance specified in Such effluent standard
or prohibition) is promulgated under Section 307(a) of the Clean Water At for a toxic pollutant which is present in the
discharge and that standard or prohibition is more stringent than any limitation on the pollutant in this permit, this permit
shall be modified or revoked and reissued to conform to the toxic effluent standard or prohibition. The permittee shall
comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic
pollutants within the time provided in the regulations that established those standards or prohibitions, even if the permit
has not yet been modified to incorporate the requirement_
5. Permit Transfer
a. Prior to any transfer of this permit, Commission approval must be obtained. The Commission shall be notified in writing
of any change in control or ownership of facilities authorized by this permit. Such notification should be sent to the
Water Quality Applications Team (MC 161) of the Registration, Review, and Reporting Division.
b. A permit may be transferred only according to the provisions of 30 TAC § 305.64 (relating to Transfer of Permits) and
30 TAC § 50.133 (relating to Executive Director Action on Application or WQMP update).
6. Relationship to Hazardous Waste Activities
This permit does not authorize any activity of hazardous waste storage, processing, or disposal which requires a permit or
other authorization pursuant to the Texas Health and Safety Code_
7. Relationship to Water Rights
Disposal of treated effluent by any means other than discharge directly to water in the state must be specifically authorized
in this permit and may require a permit pursuant to Chapter 11 of the Texas Water Code.
8, Property Rights
A permit does not convey any property rights of any sort, or any exclusive privilege.
9. Permit Enforceability
The conditions of this permit are severable, and if any provision of this permit, or the application of any provision of this
permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of
this permit, shall not be affected thereby.
OPERATIONAL. REQUIREMENTS
1, The permittee shall at all times ensure that the facility and all of its systems of collection, treatment, and disposal are properly
operated and maintained This includes, but is not limited to the regular, periodic examination of wastewater solids within
the treatment plant by the operator in order to maintain an appropriate quantity and quality of solids inventory as described
in the various operator training manuals and according to accepted industry standards for process control. Process control,
maintenance, and operations records shall be retained at the facility site, or shall be readily available for review by a TCEQ
representative, for a period of three years.
2. Upon request by the Executive Director, the permittee shall take appropriate samples and provide proper analysis in order
to demonstrate compliance with Commission rules, Unless otherwise specified in this permit or otherwise ordered by the
Commission, the permittee shall comply with all applicable provisions of 30 TAC Chapter 312 concerning sewage sludge
use and disposal and 30 TAC §§ 319.21- 319.29 concerning the discharge of certain hazardous metals,
3. Domestic wastewater treatment facilities shall comply with the following provisions:
a. The,permittee shall notify the Municipal Permits Team, Wastewater Permitting Section (MC 148) of the Water Quality
Division, in writing, of any facility expansion at least 90 days prior to conducting such activity.
b. The permittee shall submit a closure plan. for review and approval to the Land Application Team, Wastewater Pei milting
Section (MC 148) of the Water Quality Division, for any closure activity at least 90 days prior to conducting such
activity. Closure is the act of permanently taking a waste management unit or treatment facility out of service and
includes the permanent removal from service of any pit, tank, pond, lagoon, surface impoundment and/or other treatment
unit regulated by this permit.
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•
Wellborn Resources LLC TPDES Petmtt Nn WQ0013850001
4, Thc permittec is responsible for installing prior to plant start - up, and subsequently maintaining, adequate safeguards to
prevent thc discharge of untreated or inadequately treated wastes during electrical power failures by means of power
sources, standby generators, and/or retention of inadequately treated wastewater.
5. Unless otherwise specified, the pernittee shall provide a readily accessible sampling point and, where applicable, an efflucnt
flow measuring device or other acceptable means by which effluent flow may be determined.
6. Thc pernittee shall remit an annual water quality fee to the Commission as required by 30 TAC Chapter 'L l . Failure to pay
the fee may result in revocation of this permit under Texas Water Code § 7.302(b)(6).
7, Documentation
For all written notifications to the Commission required of the permit by this permit, thc permittcc shal I keep and make
available a copy of each such notification under the same conditions as self - monitoring data are required to bc kept and made
available. Except for information required for TIDES permit applications, effluent data, including effluent data in permits,
draft permits and permit applications, and other information specified as not confidential in 30 TAC § 1.5(d), any information
submitted pursuant to this permit may be claimed as confidential by the submitter. Any such claim must be asserted in the
manner prescribed in the application form or by stamping the words "confidential business information" on cach page
containing such information. If no claim is made at the time of submission, information may be made available to the public
without further notice. If the Commission or Executive Director agrees with the designation of confidentiality, the TCGQ
will not provide the information for public inspection unless required by the Texas Attorney General or a court pursuant to
an open records request. If the Executive Director does not agree with the designation of confidentiality, the person
. submitting the infomration will be notified.
8. Facilities which generate domestic wastewater shall comply with the following provisions; domestic wastewater treatrrient
facilities at permitted industrial sites arc excluded_
a. Whenever flow measurements for any domestic sewage treatment facility reach 75 percent of the permitted daily average
or annual average flow for three consecutive months, the permittee must initiate engineering and financial planning for
expansion and/or upgrading of the domestic wastewater treatment and/or collection facilities. Whenever the flow
reaches 90 percent of the permitted daily average or annual average flow for three consecutive months, the permittce shall
obtain necessary authotizatiou from the Commission to commence construction of the necessary additional treatment
and/or collection facilities. In the cast of a domestic wastewater treatment facility which reaches 75 percent of the
permitted daily average or annual average flow for three consecutive months, and the planned population to be served
or the quantity of waste produced is not expected to exceed the design limitations of the treatment fac iliry, the permi nee
shall submit an engineering report supporting this claim to the 1'xecutivc Director of the Commission,
If in the judgement of the Executive Director the population to be served will nut cause permit noncourpliaw e, then tlie
requirement of this section may be waived. To be effective, any waiver must bc in writing and signed by the Director
of the Enforcement Division (MC 149) of the Commission, and such waiver of these requirements will be reviewed.upon
expiration of the existing permit; however, any such waiver shall not be interpreted as condoning or excusing any
violation of any permit parameter.
b. The plans and specifications for domestic sewage collection and treatment works associated with any domestic permit
must be approved by the Corurnissiun, and failtue to secure approval before corrunencing construction of such works or
making a discharge is a violation of this permit and each day is an additional violation until approval has been secured.
c. Permits for domestic wastewater treatment plants arc granted subject to the policy of the Commission to encourage the
development of area-wide waste collection, treatment and disposal systems. The Commission reserves the right to amend
any domestic wastewater permit in accordance with applicable procedural requirements to require the system covered
by this permit to be integrated into an area -wide system, should such be developed; to require the delivery of the wastes
authorized to be collected in, treated by or discharged from said system, to such area -wide system; or to amend this
permit in any other particular to effectuate thc Commission's policy. Such amendments may be made when the changes
required arc advisable for water quality control purposes and are feasible on thc basis of waste treatment technology,
engineering, financial, and related considerations existing at the time the changes are required, exclusive of the loss of
investment in or revenues from any then existing or proposed waste collection, treatment or disposal system.
9. Domestic wastewater treatment plants shall be operated and maintained by sewage plant operators holding a valid certificate
of competency at the required level as defined in 30 TAC Chapter 30.
10_ For Publicly Owned Treatment Works (POTWs), the 30 - day average (or monthly average) percent removal for 1301) and
TSS shall not be Tess than 85 percent, unless otherwise authorized by this permit.
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Wellborn Resources L.1-C ]PIES Permit No WQUO 1:1HSO001
11. Facilities which generate industrial solid waste as defined in 30 TAC § 335.1 shall comply with these provisions.
a, Any solid waste, as defined in 30 TAC § 335.1 (including but not limited to such wastes as garbage, refuse, sludge from
a waste treatment, water supply treatment plant or air pollution control facility, discarded materials, discarded materials
to be recycled, whether the waste is solid, liquid. or semisolid), generated by the permittee during the management and
treattncnt of wastewater, must be managed in accordance with all applicable provisions °f30 TAC Chapter 335, relating
to Industrial Solid Waste Management.
b. Industrial wastewater that is being collected, accumulated, stored, or processed before discharge through any final
discharge outfall, specified by this permit, is considered to be industrial solid waste until the wastewater passes through
the actual point source discharge and must be managed in accordance with all applicable provisions of 30 TAC C.'haptr..r
335.
c. The permittee shall provide written notification, pursuant to the requirements of 30 TAC § 335,8(h)(1), ro the Corrective
Action Section (MC 127) of the Remediation Division informing the Commission of any closure activity involving an
Industrial Solid Waste Management Unit, at least 90 days prior to conducting such an activity.
d. Construction of any industrial solid waste management unit requires the prior written notification of the proposed activi ty
to the Registration and Reporting Section (MC 129) of the Registration, Review, and Reporting Division. No person
shall dispose of industrial solid waste, including sludge or other solids from wastewater treatment processes, prior to
fulfilling the deed recordation requirements of 30 TAC § 335.5.
c. The term "industrial solid waste management unit" means a landfill, surface impoundment, waste -pile, industrial furnace,
incinerator, cement kiln, injection well, container, drum, salt dome waste containment cavern, or any other structure
vessel, appurtenance, or other improvement on land used to manage industrial solid waste_
f. The permittee shall keep management records for all sludge (or other waste) removed from any wastewater treatment
process_ These records shall fulfill all applicable requirements of 30 TAC Chapter 335 and must include the following,
as it pertains to wastewater treatment and discharge:
i. Volume of waste and date(s) generated from treatment process;
ii_ Volume of waste disposed of on -site or shipped oft site;
iii. Date(s) of disposal;
iv. Identity of hauler or transporter;
v. Location of disposal site; and
vi. Method of final disposal.
The above records shall be maintained on a monthly basis_ The records shall be retained at the facility site, or shall be
readily available for review by authorized representatives of the TCEQ for at least five years.
12. For industrial facilities to which the requirements of 30 TAC Chapter 335 do not apply, sludge and solid wastes, including
rank Gleaning and contaminated solids for disposal, shall be disposed of in accordance with Chapter 361 of the Texas Ilealth
and Safety Code.
TCEQ Revision 04/2003
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Wellborn Resources LLC TPDES Permit No. WQO01385000I
SLUDGE PROVISIONS
The permittee is authorized to dispose of sludge only at a Texas Commission on Environmental Quality
(TCEQ) registered or permitted land appl ication site, commercial land application site or co- disposal landfill.
The disposal of sludge by land application on property owned, leased or under the direct control of
the permittee is a violation of the permit unless the site is permitted or registered with the TCEQ. This
provision does not authorize Distribution and Marketing of sludge. This provision does not authorize
land application of Class A Sludge. This provision does not authorize the permittee to land apply
sludge on property owned, leased or under the direct control of the permittee.
SECTION L REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE LAND APPLICATION
A. General Requirements
1. The permittee shall handle and dispose of sewage sludge in accordance with 30 TAC Chapter 312 and
all other applicable state and federal regulations in a manner which protects public health and the
environment from any reasonably anticipated adverse effects due to any toxic pollutants which may be
present in the sludge.
2. In all cases, if the person (permit holder) who prepares the sewage sludge supplies the sewage sludge
to another person for land application use or to the owner or lease holder of the land, the permit holder
shall provide necessary information to the parties who receive the sludge to assure compliance with these
regulations.
3. The permittee shall give 180 days prior notice to the Executive Director in care of the Wastewater
Permitting Section (MC 148) of the Water Quality Division of any change planned in the sewage sludge
disposal practice.
13. Testing Requirements
1. Sewage sludge shall be tested once during the term of this permit in accordance with the method
specified in both 40 CFR Part 261, Appendix 11 and 40 CPR Part 268, Appendix I [Toxicity
Characteristic Leaching Procedure (TCLP)] or other method, which receives the prior approval of the
TCEQ for the contaminants listed in Table 1 of 40 CFR Section 261.24. Sewage sludge failing this test
shall be managed according to RCRA standards for generators of hazardous waste, and the waste's
disposition must be in accordance with all applicable requirements for hazardous waste processing,
storage, or disposal _ Following failure of any TCLP test, the management or disposal of sewage sludge
at a facility other than an authorized hazardous waste processing, storage, or disposal facility shall be
prohibited until such time as the permittee can demonstrate the sewage sludge no longer exhibits the
hazardous waste toxicity characteristics (as demonstrated by the results of the TCLP tests). A written
report shall be provided to both the TCEQ Registration and Reporting Scction (MC 129) of the
Registration, Review, and Reporting Division and the Regional Director (MC Region 9) within 7 days
after failing the TCLP Test. The report shall contain test results, certification that unauthorized waste
management has stopped and a summary of alternati disposal plans that comply with RCRA standards
for the management of hazardous waste. The report shall be addressed to: Director, Registration,
Review, and Reporting Division (MC 129), Texas Commission on Environmental Quality, P. 0. Box
13087, Austin, Texas 78711 -3087. In addition, the permittee shall prepare an annual report on the results
of all sludge toxicity testing. This annual report shall be submitted to the TCEQ Regional Office (MC
Region 9) and the Water Quality Compliance Monitoring Team (MC 224) of the Enforcement Division
by September 1 of each year.
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Wellborn Resouiccs LLC TPDES Permit No. WQ001385000
2. Sewage sludge shall not be applied to the land if the concentration of the pollutants exceed the pollutant
concentration criteria in Tablc 1. The frequency of testing for pollutants in Table 1 is found in Section
I.C.
TABLE I
Ceiling Concentration
. Pollutant (milligrams per kilogram)*
Arsenic 75
Cadmium 85
Chromium 3000
Copper 4300
Lead 840
Mercury 57
Molybdenum 75
Nickel 420
PCBs 49
Selenium 100
Zinc 7500
* Dry weight basis
3. Pathogen Control
All sewage sludge that is applied to agricultural land, forest, a public contact site, or a reclamation site shall
be treated of the following methods to ensure that the sludge meets either the Class A or Class B
pathogen requirements.
a. Six alternatives are available to demonstrate compliance with Class A sewage sludge. The first 4
options require either the density of fecal coliform in the sewage sludge be less than 1000 Most
Probable Number (MPN) per gram of total solids (dry weight basis), or the density of Salmonella
sp. bacteria in the sewage sludge be less than three M1'N per four grams of total solids (dry weight
basis) at the time the sewage sludge is used or disposed. Below are the additional requirements
necessary to meet the definition of a Class A sludge.
•
r 4lternativc 1 - The temperature of the sewage sludge that is uscd or disposed shall . be maintained
at or above a specific value for a period of timc. Scc 30 TAC Section 312.82(a)(2)(A) for specific
information.
Alternative 2 - The pH of the sewage sludge that is used or disposed shall be raised to above 12 std.
units and shall remain above 12 std. units for 72 hours.
The temperature of the sewage sludge shall .be above 52 degrees Celsius for 12 hours or longer
during the period that the pH of the sewage sludge is above 12 std_ units.
At the end of thc 72 -hour period during which the pH of the sewage sludge is above 12 std. units,
the sewage sludge shall be air dried to achieve a percent solids in thc sewage sludge greater than 50
percent.
Page 13
•
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Wellborn Resources f.LC TL'DF.S Peimtl No WQ0013850001
Alternative 3 -The sewage sludge shall be analyzed for enteric viruses prior to pathogen treatment.
The limit for enteric viruses is less than one Plaque - forming Unit per foul grams of total solids (dry
weight basis) either before or following pathogen treatment. See 30 TAC Section
312.82(a)(2)(C)(i -iii) for specific information. The sewage sludge shall be analyzed for viable
helminth ova prior to pathogen treatment. The limit for viable helminth ova is less than one per four
grams of total solids (dry weight basis) either before or following pathogen treatment. See 30 T AC
Section 312.82(a)(2)(C)(iv -vi) for specific information.
Alternative 4 - The density of enteric viruses in the sewage sludge shall be Icss than one Plaque -
forming Unit per four grams of total solids (dry weight basis) at the time the sewage sludge is used
or disposed. `1'hc density of viable hell-ninth ova in the sewage sludge shall be less than one per four
grams of total solids (dry weight basis) at the time the sewage sludge is used or disposed.
Alternative 5 (PFRP) - Sewage sludge that is used or disposed of shall he treated in onc of the
processes to Further Reduce Pathogens (PFRP) described in 40 CFR Part 503, Appendix B. PFRP
include composting, heat drying, heat treatment, and thermophilic aerobic digestion.
Alternative 6 (PFRP Equivalent) - Sewage sludge that is used or disposed of shall be treated in a
process that has been approved by the U. S. Environmental Protection Agency as being equivalent
to those in Alternative 5.
b. Three alternatives arc available to demonstrate compliance with Class B criteria for sewage sludge.
Alternative 1 -
i. A minimum of seven random samples of the sewage sludge shall be collected within 48 hours
of the time the sewage sludge is used or disposed of during each monitoring episode for the
sewage sludge.
ii. The geometric mean of the density of fecal coliform in the samples collected shall be less than
either 2,000,000 MPN per gram of total solids (dry weight basis) or 2,000,000 Colony
Forming Units per gram of total solids (dry weight basis).
Alternative 2 - Sewage sludge that is used or disposed of shall be treated in onc of the Processes to
Significantly Reduce Pathogens (PSRP) described in 40 CFR Part 503, Appendix 13, so long as all
of the following requirements are met by the generator of the sewage sludge.
i. Prior to use or disposal, all the sewage sludge must have been generated from a single
location, except as provided in paragraph v. below;
ii. An independent Texas Licensed Professional Engineer must make a ecrtifcation to the
generator of a sewage sludge that the wastewater treatment facility generating the sewage
sludge is designed to achieve one of the PSRP at the permitted design loading of the facility.
The certification need only be repeated if tiie design loading of the facility is increased. The
certification shall include a statement indicating the design meets all the applicable standards
specified in Appendix B of 40 CFR Part 503;
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Wellborn Resources LLC • I' PUES Permit No. WQ00 1 3 8 5000 1
iii. Prior to any of -site transportation or on -site use or disposal of any sewage sludge get iel ated
at a wastewater treatment facility, the chief certified operator of the wastewater treatment
facility or other responsible official who manages the processes to significantly reduce
pathogens at the wastewater treatment facility for thc permittee, shall certify that the sewage
sludge underwent at least the minimum operational requirements necessary in order to meet
one of the PSRP. The acceptable processes and the minimum operational and record keeping
requirements shall be in accordance with established U. S. Environmental Protection Agency
final guidance;
iv. All certification records and operational records describing how thc requirements of this
paragraph were met shall be kept by the generator for a minimum of three years and be
available for inspection by commission staff for review; and
v. If the sewage sludge is generated from a mixture of sources, resulting from a person who
prepares sewage sludge from more than one wastewater treatment facility, the resulting
derived product shall meet one of the PSRP, and shall meet the certification, operation, and
record keeping requirements of this paragraph_
Alternative 3 - Sewage sludge shall be treated in an equivalent process that has been approved by
the U. S. Environmental Protection Agency, so long as all of the following requirements are met by
the generator of the sewage sludge.
i. Prior to use or disposal, all the sewage sludge must have been generated from a single
location, except as provided in paragraph v. below;
ii. Prior to any off-site transportation or on -site use or disposal of any sewage sludge generated
at a wastewater treatment facility, the chief certified operator of the wastewater treatment
facility or other responsible official who manages the processes to significantly reduce
pathogens at the wastewater treatment facility for the permittee, shall certify that the sewage
sludge underwent at least the minimum operational requirements necessary in order to meet
one of the PSRP. The acceptable processes and the minimum operational and record keeping
requirements shall be in accordance with established U. S. Environmental Protection Agency
final guidance;
iii. All certification records and operational records describing how the requirements of this
paragraph were met shall be kept by the generator for a minimum of three years and be
• available for inspection by commission staff for review;
iv_ The executive director will accept from the U. S. Environmental Protection Agency a finding
of equivalency to thc defined PSRP; and
v. 11 the sewage sludge is generated from a mixture of sources resulting from a pc-rson who
prepares sewage sludge from more than one wastewater treatment facility, thc resulting
derived product shall meet one of the Processes to Significantly Reduce Pathogens, and shall
meet the certification, operation, and record keeping requirements of this paragraph.
In addition, the following site restrictions must be met if Class B sludge is land applied:
i. Food crops with harvested parts that touch the sewage sludge/soil mixture and are totally
above the 1 and surface shall not be harvested for 14 months a fter application of sewage sludge.
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Wellborn Resources LLC TPDES Permit No. WQO013850001
ii. Food crops with harvested parts below the surface of the land shall not bc harvested for 20
months after application of sewage sludge when the sewage sludge remains on the land surface
for 4 months or longer prior to incorporation into the soil.
iii: Food crops with harvested parts below the surface of the land shall not be harvested for 38
months after application of sewagc sludge when the sewage sludge remains on the land surface
for Tess than 4 months prior to incorporation into the soil.
iv. Food crops, feed crops, and fiber crops shall not be harvested for 30 days after application of
sewage sludge.
v. Animals shall not he allowed to graze on the land for 30 days after application of sewage
sludge.
vi. Turf grown an land where sewage sludge is applied shall not be harvested for 1 year after
application of the sewage sludge when the harvested turf is placed on cithcr land with a high
potential for public exposure or a lawn.
vii. Public access to land with a high potential for public exposure shall be restricted for 1 year
after application of sewage sludge.
viii. Public access to land with a low potential for public exposure shall be restricted for 30 days
after application of sewage sludge. •
ix. Land application of sludge shall be in accordance with the buffer zone requirements found in
30 TAC Section 312.44.
4. Vector Attraction Reduction Requirements
All bulk sewage sludge that is applied to agricultural land, forest, a public contact site, or a reclamation site
shall be treated by one of the following alternatives 1 through 10 for Vector Attraction Reduction.
Alternative 1 - The mass of volatile solids in the sewage sludge shall be reduced by a minimum of 38
• percent.
Alternative 2 - If Alternative 1 cannot be met for an anaerobically digested sludge, demonstration can be
made by digesting a portion of the previously digested sludge anaerobically in the laboratory
in a bench -scale unit for 40 additional days at a temperature between 30 and 37 degrees
Celsius. Volatile solids must be reduced by less than 17 percent to demonstrate compliance.
Alternative 3 - If Alternative 1 cannot be met for an aerobically digested sludge, demonstration can be
made by digesting a portion of the previously digested sludge with a percent solids of two
percent or less aerobically in the laboratory in a bench -scale unit for 30 additional days at
20 degrees Celsius. Volatile solids must be reduced by less than 15 percent to demonstrate
compliance.
Alternative 4 - The specific oxygen uptake rate (SOUR) for sewage sludge treated in an aerobic process
shall bc equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry
weight basis) at a temperature of 20 degrees Celsius.
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Wellborn Resources 1.LC TPDES t'ennit No. WQ001385000
Alternative 5 - Sewage sludge shall be treated in an aerobic process for 14 days or longer. During that
time, the temperature of the sewage sludge shall be higher than 40 degrees Celsius and the
average temperature of the sewage sludge shall be higher than 45 degrees Celsius.
Alternative 6 - The pH of sewage sludge shall be raiscd to 12 or higher by alkali addition and, without the
addition of more alkali shall remain at 12 or higher for two hours and then remain at a pl l
of 11.5 or higher for an additional 22 hours at the time the sewage sludge is prepared for
sale or given away in a bag or other container_
Alternative 7 - The percent solids of sewage sludge that does not contain unstabilized solids generated in
a primary wastewater treatment process shall be equal to or greater than 75 percent based
on the moisture content and total solids prior to mixing with other materials. Unstabilized
solids are defined as organic materials in sewage sludge that have not been treated in either
an aerobic or anaerobic treatment process.
Alternative 8 - The percent solids of sewage sludge that contains unstabilized solids generated in a primary
wastewater treatment process shall be equal to or greater than 90 percent based on the
moisture content and total solids prior to mixing with other materials at the time the sludge
is used Unstabilized solids are defined as organic materials in sewage sludge that have not
been treated in either an aerobic or anaerobic treatment process_
Alternative 9 - i. Sewage sludge shall be injected below the surface of the land_
ii. No significant amount of the sewage sludge shall be present on the land surface within
one hour after the sewage sludge is injected.
iii. When sewage sludge that is injected below the surface of the land is Class A with
respect to pathogens, the sewage sludge shall be injected below the land surface within
eight hours after being discharged from the pathogen treatment process.
Alternative 10- i. Sewage sludge applied to the land surface or placed on a surface disposal site shall he
incorporated into the soil within six hours aftcr application to or placement on the land.
ii. When sewage sludge that is incorporated into the soil is Class A with respect to
pathogens, the sewage sludge shall be applied to or placed on the land within eight
hours after being discharged from the pathogen treatment process.
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Wellborn Resources LLC TPDES Permit No. WQ0013850001
C. Monitoring Requirements
Toxicity Characteristic Leaching Procedure (TCLP) Test - once during the term of this permit
PCBs - once during the tem. of this permit
All metal constituents and Fecal coliform or Salmonella sp. bacteria shall be monitored at the appropriate
frequency shown below, pursuant to 30 TAC Section 312.46(a)(1):
Amount of sewage sludge (
metric tons ner 3fi5 -day veriod Monitoring Frequency
0 s Sludge < 290 Once/Year
290 s Sludge < 1,500 Once/Quarter
1,500 s Sludge < 15,000 Once/Two Months
15,000 s Sludge Once/Month
(*) The amount of bulk sewage sludge applied to the land (dry weight basis).
Representative samples of sewage sludge shall be collected and analyzed in accordance with the methods
rcfcrcnced.in 30 TAC Section 312.7.
•
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•
Wellborn Resources I.LC TPDES Permit No, WQ0013850001
SECTION 11. REQUIREMENTS SPECIFIC TO BULK SEWAGE SLUDGE FOR APPLICATION TO THE
LAND MEETING CLASS A or B PATHOGEN REDUCTION AND THE CUMULATIVE
LOADING It.ATES IN .TABLE 2, OR CLASS B PATHOGEN REDUCTION AND THE
POLLUTANT CONCENTRATIONS IN TABLE 3
For those permittees meeting Class A or B pathogen reduction requirements and that meet the cumulative
loading rates in Table 2 below, or the Class B pathogen reduction requirements and contain concentrations
of pollutants below listed in Table 3, the following conditions apply:
A. Pollutant Limits
Table 2
Cumulative Pollutant Loading Rate
Pollutant f Hounds Per acre)
Arsenic 36
Cadmium 35
Chromium 2677
Copper 1339
Lead 268
Mercury 15
Molybdenum Report Only
.Nickel 375
Selenium 89
Zinc 25Q
Table3
Monthly Average Concentration
Pollutant (milligrams per kilogram)*
Arsenic 41
Cadmium 39
Chromium 1200
Copper 1500
Lead 300
Mercury 17
Molybdenum Report Only
Nickel 420
Selenium 36
Zinc 2800
* Dry weight basis
B. Pathogen Control
_All bulk sewage sludge that is applied to agricultural land, forest, a public contact site, a reclamation site,
shall be treated by either Class A. or Class B pathogen reduction requirements as defined above in
Section LB3.
•
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•
Wellborn Resources 1LC TPDES Permit No. WQ001385000I
C. Management Practices •
1. Bulk sewage sludge shall not be applied to agricultural Iand, forest, a public contact site, or a reclamation
site that is flooded, frozen, or snow - covered so that the bulk sewage sludge enters a wetland or other
waters in the State.
2. Bulk sewage sludge not meeting Class A requirements shall be land applied in a manner which complies
with the Management Requirements in accordance with 30 TAC Section 312.44.
3. Bulk sewage sludge shall be applied at or below the agronomic rate of the cover crop.
4. An information sheet shall be provided to the person who receives bulk sewage sludge sold or given
away. The information sheet shall contain the following information'
a. The name and address of the person who prepared the sewage sludge that is sold or given away in
a bag or other container for application to the land.
b. A statcmcnt that application of the sewage sludge to the land is prohibited except in accordance with
the instruction on the label or information sheet.
c. The annual whole sludge application rate for the sewage sludge application rate for the sewage
sludge that does not cause any of the cumulative pollutant loading rates in Table 2 above to be
exceeded, unless the pollutant concentrations in Table 3 found in Section 11 above are met.
•
1). Notification Requirements
1. If bulk sewage sludge is applied to land in a State other than Texas, written notice shall be provided prior
to the initial land application to the permitting authority for the State in which the bulk sewage sludge
is proposed to be applied. The notice shall include:
a. The location, by street address, and specific latitude and longitude, of each land application site.
b. The approximate time period bulk sewage sludge will be applied to the site
c. The name, address, telephone number, and National Pollutant Discharge Elimination System permit
number (if appropriate) for the person who will apply the bulk sewage sludge_
2. The permittee shall give 180 days prior notice to the Executive Director in care of the Wastewater
Permitting Section (MC 148) of the Water Quality Division of any change planned in the sewage sludge
disposal practice.
E. Record keeping Requirements
The sludge documents will be retained at the facility site and/or shall be readily available for review by a
TCEQ representative. The person who prepares bulk sewage sludge or a sewage sludge material shall
develop the following information and shall retain the information at the facility site and/or shall be readily
available for review by a TCEQ representative for a period of five years_ If the permittee supplies the sludge
to another person who land applies the sludge, the permittee shall notify the land applier of the requirements
for record keeping found in 30 TAC Section 312.47 for persons who land apply.
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•
00
TPDES Permit No. W f _1850001
Wcllbc�rn Resources LLC Q
1. The concentration (mg/kg) in the sludge of each pollutant listed in Table 3 above and thc applicable
pollutant concentration criteria (mg/kg), or the applicable cumulative pollutant loading rate and the
applicable cumulative pollutant loading rate limit (Ibs /ac) listed in Table 2 above.
2. A description of how the pathogen reduction requirements are met (including site restrictions for Class
13 sludges, if applicable).
3. A description of how thc vector attraction reduction requirements are met.
4. A description of how the management practices listed above in Section ll.C: are being met.
5. The following certification statement:
"1 certify, under penalty of law, that the applicable pathogen requirements in 30 TAC Section 312.82(a)
or (b) and the vector attraction reduction requirements in 30 TAC Section 312.83(b) have been met for
each site on which bulk sewage sludge is applied. This determination has been made under my direction
and supervision in accordance with the system designed to ensure that qualified personnel properly
gather and evaluate the information used to determine that the management practices have been met. 1
am aware that there arc significant penalties for false certification including fine and imprisonment."
6. The recommended agronomic loading rate from the references listed in Section II.C.3, above, as well as
the actual agronomic loading rate shall be retained.
The person who applies bulk sewage sludge or a sewage sludge material shall develop the following
information and shall retain the information at the facility site and/or shall be readily available for review
by a TCEQ representative indefinitely. If the permitter supplies the sludge to another person who land
applies the sludge, the permittee shall notify the land applier of the requirements for record keeping found
. in 30 TAC Section 312.47 for persons who land apply.
1. A certification statement that all applicable requirements (specifically listed) have been met, and that the
permittee understands that there are significant penalties for false certification including fine and
imprisonment. See 30 TAC Section 312.47(a)(4)(A)(ii) or 30 TAC Section 312.47(a)(5)(A)(ii), as
applicable, and to the permittee's specific sludge treatment activities.
2. The location, by street address, and specific latitude and longitude, of each site on which sludge is
applied.
•
3. The number of acres in each site on which bulk sludge is applied.
4. The date and time sludge is applied to each site.
5. The cumulative amount of each pollutant in pounds/acre listed in Table 2 applied to each site.
6. The total amount of sludge applied to each site in dry tons.
The above records shall be maintained an -site on a monthly basis and shall be made available to the Texas
Commission on Environmental Quality upon request.
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Welll>oru Rcsouices LLC TPDES Permit No. WQ00 13850001
•
F. Reporting Requirements
The permittee shall report annually to the TCEQ Regional Office (MC Region 9) and Water Quality
Compliance Monitoring 'Tam (MC 224) of the Enforcement Division, by September 1 of each year the
following information_
1. Results of tests performed for pollutants found in either Table 2 or 3 as appropriate for the permittee's
land application practices.
2. The frequency of monitoring listed in Section LC. which applies to the permittee.
3. Toxicity Characteristic Leaching Procedure (TCLP) results.
4. Identity of haulcr(s) and TCEQ transporter number.
5. PCB concentration in sludge in mg/kg.
6. Date(s) of disposal.
7. Owner of disposal site(s).
8. Texas Commission on Environmental Quality registration number, if applicable_
9. Amount of sludge disposal dry weight (lbs/acre) at each disposal site.
10. The concentration (mg/kg) in the sludge of each pollutant listed in Table 1 (defined as a monthly
average) as well as the applicable pollutant concentration criteria (mg/kg) listed in 3 above, or the
applicable pollutant loading rate limit (Ibs /acre) listed in Table 2 above if it exceeds 90% of the limit.
11. Level of pathogen reduction achieved (Class A or Class 13).
12. Alternative used as listed in Section I.B.3.(a. or b.). Alternatives describe how the pathogen reduction
requirements are met. If Class B sludge, include information on how site restrictions were met.
13. Vector attraction reduction alternative used as listed in Section I.B.4.
14. Annual sludge production in dry tons /year.
15. Amount of sludge land applied in dry tons /year.
16. The certification statement listed in either 30 TAC Section 312.47(aX4)(A)(ii) or 30 TAC Section
312.47(a)(5)(A)(ii) as applicable to the permittee's sludge treatment activities, shall be attached to the
annual reporting form.
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Wellborn Resources LLC TPD1;S Permit No. WQ0013850001
17. When the amount of any pollutant applied to the land exceeds 90% of the cumulative pollutant loading
rate for that pollutant, as described in Table 2, the permittee shall report the following information as
an attachment to the annual reporting form.
a. The location, by street address, and specific latitude and longitude.
b. The number of acres in each site on which bulk sewage sludge is applied.
c. The date and time bulk sewage sludge is applied to each site.
d. The cumulative amount of each pollutant (i.e., pounds /acre) listed in Table 2 in the bulk sewage
sludge applied to each site,
e. The amount of sewage sludge (Le., dry tons) applied to each site.
The above records shall be maintained on a monthly basis and shall be made available to the Texas
Commission on Environmental Quality upon request.
•
•
•
•
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Wellborn Resources 11..C. TPDES Permit Na. WQ001385000i
SECTION 111. REQUIREMENTS APPLYING TO ALL SEWAGE SLUDGE DISPOSED IN A MI.TNICIPAL
SOLED WASTE LANDFTI,L
A. The permittee shall handle and dispose of sewage sludge in accordance with 30 TAC Chapter 330 and all
other applicable state and federal regulations to protect public health and thc environment from any
reasonably anticipated adverse effects due to any toxic pollutants that may be present. The permittee shall
ensure that the sewage sludge meets the requirements in 30 TAC Chapter 330 concerning the quality of thc
sludge disposed in a municipal solid waste landfill.
13. If the permitter generates sewage sludge and supplies that sewage sludge to the owner or operator of a
Municipal Solid Waste Landfill (MSWLF) for disposal, the permittee shall provide to the owner or operator
of the MSWLF appropriate information needed to be in compliance with the provisions of this permit.
C. The permittec shall give 180 days prior notice to the Executive Director in care of the Wastewater Permitting
Section (MC 148) of the Water Quality Division of any change planned in the sewage sludge disposal
practice.
•
D. Sewage sludge shall be tested once during the term of this permit in accordance with the method specified
in both 40 CFR. Part 261, Appendix II and 40 CFR Part 268, Appendix J (Toxicity Characteristic Leaching
Procedure) or other method, which receives the prior approval of the TCEQ for contaminants listed in Table
1 of 40 CFR Section 261.24. Sewage sludge failing this test shall be managed according to RCRA standards
for generators of hazardous waste, and the waste's disposition must be in accordance with all applicable
requirements for hazardous waste processing, storage, or disposal.
Following failure of any TCLP test, the management or disposal of sewage sludge at a facility other than an
authorized hazardous waste processing, storage, or disposal facility shall be prohibited until such time as the
permittee can demonstrate the sewage sludge no longer exhibits the hazardous waste toxicity characteristics
(as demonstrated by the results of the TCLP tests). A written report shall be provided to both the TCEQ
Registration and Reporting Section (MC 129) of the Registration, Review, and Reporting Division and the
Regional Director (MC Region 9) of the appropriate TCEQ field office within 7 days after failing the TCLP
Test. The report shall contain test results, certification that unauthorized waste management has stopped and
a summary of alternative disposal plans that comply with RCRA standards for the management of hazardous
waste. The report shall be addressed to: Director, Registration, Review, and Reporting Division (MC 129),
Texas Commission on Environmental Quality, P. O. Box 13087, Austin, Texas 78711 -3087. In addition, the
permittee shall prepare an annual report on the results of all sludge toxicity testing. This annual report shall
be submitted to the TCEQ Regional Office (MC Region 9) and the Water Quality Compliance Monitoring
Team (MC 224) of the Enforcement Division by September 1 of each year:
E. Sewage sludge shall be tested as needed, in accordance with the requirements of 30 TAC Chapter 330.
Page 24
WELLBORN S PECIAL UTILITY DISTRICT
Board of Directors
Jerry Ransom. President
Gary Spence. Vice President
Charles Robertson. Treasurer
Theresa Schehin, Secretary
A.P. Boyd
Kenneth Goodman
Mary Herron
John Winder
Jack Winslow
March 7, 2005
Main Street Homes -CS, Ltd.
900 Congress Avenue, #L -100
Austin, Texas 78701
Attention: Mr. Chris Menger,
Project Manager
Re: Acknowledged Receipt of Cash Funds
Deposited with Wellborn Special Utility District
Dear Mr. Menger,
This is to acknowledge receipt of your company's payment in the cash sum of
$161,000. Such sum will be held by Wellbom Special Utility District in escrow and for
use in paying for the construction/installation of a twelve (12 ") inch water line made the
subject of a development agreement dated January 16 2005, and in accordance with
the terms and conditions of such agreement.
Such line is to be constructed to run from the District's existing overhead
storage facility to your development's entrance and is referred to as the "off -Site Main ".
The capacity of the line will be sufficient to meet fire flow standards.
This receipt and acknowledgment does not amend nor in any manner alter the
development contract to which the parties have agreed.
Sincerely,
WELLBORN SPECIAL UTI TY DIST.
By: - Qc -ofxz.9/
G eral Manager
P.O. Box 250 • 4118 GREENS PRAIRIE RD. • WELLBORN, TX 77881 • PHONE (979) 690 -9799 • FAX (979) 690 -1260
District details for WELLBORN SUD Page 1 of 2
....... �. � i�'r. -- 43E n, > mss-. % %_/ .. .v$ 5 .. "' •' r ,' .,..�., r + .
„ .nnn.mmmm..
CE Q TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Mops, DOcume or .
WUD Main
t? District Name: WELLBORN SUD (8457000)
11
Affiliations l ocurnents
Properties
District Type: SPECIAL UTILITY DISTRICT
Creation Type: TCEQ
Primary County: BRAZOS
Financial Status: AUDIT FILED
Directors: 9
Functions
Function Entry Date
DRAINAGE 07/12/2001
EMINENT DOMAIN 07/12/2001
FLOOD CONTROL 07/12/2001
IRRIGATION 07/12/2001
SUPPLY TREATED OR RETAIL WATER 07/11/2001
SUPPLY RAW (UNTREATED) OR WHOLESALE WATER 07/11/2001
( cecurrenc s retrieved
Associated Public Water Systems
PWS Name PWSID Status CCN Utility Name
WELLBORN SUD 0210016 ACTIVE 11340 WELLBORN SUD
Water System occurrences rctrleved
Associated Utility Systems
Utility Name Status CCN
W_ ELLBORN SUD ACTIVE 11340
On! occurrences retrieved
CR Reg Ent Number:
RN102693884
Counties
http:// www3 .tnrcc.state. /iwud/dist/ index. cfm? fuseaction = DetailDistrict &ID = 13069 &c... 3/18/2005
District details for WELLBORN SUD Page 2 of 2
Code County Name Primary
21 BRAZOS Y
Site County occurrences retrieved .
Activity
Creation Date: 03/11/1998
Activity Status: ACTIVE
Last Registration Date: 12/17/2001
Official Address / Phone
Address: 309 E MAIN AVE
ROUND ROCK, TEXAS 78664 -5246
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WELLBORN S PECIAL UTILITY DISTRICT
Board of Directors
Jerry Ransom. President
Gary Spence. Vice President
Charles Robertson. Treasurer
Theresa Schehin. Secretary
A.P. Boyd
Kenneth Goodman
Mary Herron
John Winder
Jack Winslow
March 7, 2005
Judge Sims
300 E. 26 Street
Suite 114
Bryan, Texas 77803
Dear Judge Sims:
Wellborn Special Utility District has agreed to manage waste water operations for the
proposed onsite facilities within the Main Street Homes -CS, Ltd. Development located
on Koppe Bridge Road. The District's commitment to operate this facility is conditioned
on the project meeting all State and Federal regulatory requirements, issuances of a water
water CCN from TCEQ and all other requirements established by the Board of Directors.
If additional information is needed, please contact me at (979) 690 -9799.
Sincerely,
d
ep e, .
Gene .1 Manager
Wellbom Special Utility District
P.O. Box 250 • 4118 GREENS PRAIRIE RD. • WELLBORN, TX 77881 • PHONE (979) 690 -9799 • FAX (979) 690 -1260
Industrial and Municipal (Domestic) Wastewater Permit Applications Query Results Page 1 of 2
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IMWW Permit History
The data was last updated on March 15, 2005. IMWW Query Results Glossary
Permit Information
State Permit Number: WQ0013850 -001
Discharge permit ?: Yes
TPDES permit ?: Yes
EPA ID number: TX0118672
Applicant Name: WELLBORN RESOURCES LLC
County: Brazos
TNRCC region: 09, Waco
Application type: Renewal
Stream segment: 1209
Facility category: Municipal
EPA facility classification: Minor
Status: Historical
Withdrawn /Returned:
Posted on ED's agenda: 12/6/1999
Permit issued date: 12/13/1999
Permit Review Information
TNRCC administrative reviewer Sonia
Received: 4/26/1999
Administrative review completed: 6/9/1999
TNRCC technical reviewer: Pruett, H
Draft mailed: 7/7/1999
Chief Clerk's Office Information
Final CCO filing: 8/12/1999
Notice mailed: 8/16/1999
Notice published: 11/1/1999
Affidavit received: 11/5/1999
End of notice published: 12/1/1999
EPA Information
Subject to EPA review ?:
Mailed to EPA:
Hold for EPA comments ?:
WQMP update required ?: Yes
Consistent wlapproved WQMP ?: Yes
Public Comments Hearing Request Information
Comments received ?:
Hearing requested ?:
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Industrial and Municipal (Domestic) Wastewater Permit Applications Query Results Page 2 of 2
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Permit Information
State Permit Number: WQ0013850 -001
Discharge permit ?: Yes
TPDES permit ?: Yes
EPA ID number: TX0118672
Applicant Name: WELLBORN RESOURCES LLC
County: Brazos
TNRCC region: 09, Waco
Application type: Renewal
Stream segment: 1209
Facility category: Municipal
EPA facility classification: Minor
Status: Historical
Withdrawn /Returned:
Posted on ED's agenda: 6/24/2004
Permit issued date: 7/9/2004
Permit Review Information
TNRCC administrative reviewer Cindy
Received: 11/3/2003
Administrative review completed: 11/17/2003
TNRCC technical reviewer: SIERANT, BRIAN
Draft mailed: 3/3/2004
Chief Clerk's Office Information
Final CCO filing: 4/1/2004
Notice mailed: 4/5/2004
Notice published: 5/10/2004
Affidavit received: 6/2/2004
End of notice published: 6/9/2004
EPA Information
Subject to EPA review ?: No
Mailed to EPA:
Hold for EPA comments ?: No
WQMP update required ?: No
Consistent w /approved WQMP ?: Yes
Public Comments Hearing Request Information
Comments received ?:
Hearing requested ?:
Commisioner's Agenda:
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Last Modified: March 15, 2005
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