HomeMy WebLinkAbout09. Authorize three-year permit contract with Acme Fill Corporation for discharge of treated landfill leachate Page 1 of 3
Item 9.
CENTRAL SAN BOARD OF DIRECTORS
' POSITION PAPER
MEETING DATE: JUNE 7, 2018
SUBJECT: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A THREE-YEAR
PERMIT CONTRACT WITH ACME FILL CORPORATION (ACME) FOR
DISCHARGE OF TREATED LANDFILL LEACHATE FROM THE ACME
LANDFILL LOCATED IN MARTINEZ, CALIFORNIA THROUGH JUNE 30,
2021
SUBMITTED BY: INITIATING DEPARTMENT:
TIM POTTER, ENVIRONMENTAL ENGINEERING AND TECHNICAL SERVICES-
COMPLIANCE SUPERINTENDENT ERC-ENVIRONMENTAL COMPLIANCE
REVIEWED BY: LORI SCHECTEL, ENVIRONMENTALAND REGULATORY COMPLIANCE
DIVISION MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERINGAND TECHNICAL
SERVICES
ROGER S. BAILEY, GENERAL MANAGER
Roger S. Bailey
General Manager
ISSUE
Wastewater Discharge Permit Contracts for Class I Industrial Users (permit contract) must be approved
by the Board of Directors.
BACKGROUND
Acme's pretreated landfill leachate has been accepted by Central San since the early 1990s and through
permit contracts since 1994. A permit contract was used to protect Central San and to preserve the right to
modify the discharge conditions or stop receiving the treated leachate. Central San chose to receive the
June 7, 2018 Regular Board Meeting Agenda Packet- Page 81 of 446
Page 2 of 3
leachate after encouragement from the Regional Water Quality Control Board because Central San's
acceptance of the leachate under strict conditions provided the best regional environmental solution.
During the term of the current permit contract,Acme has operated the Leachate Treatment Plant (LTP) in
compliance with the conditions of the permit contract except for: one limit violation for cyanide, one limit
violation for Total Suspended Solids (TSS) daily maximum, one limit violation for TSS monthly average
limit, and one violation for Polychlorinated Biphenyls (PCB) prohibition when PCB Aroclors were detected.
These limit violations were documented prior to June 2016. Notices of Violation (NOV)were issued for all
of these limit violations.Acme responded to the PCB citations for discharge limit violations identifying
concerns about the quality of the analytical data. Evaluation of the PCB congener data for the same
sampling event did not identify a comparable increase in PCB congeners. The cyanide limit violation was
investigated and a source was not identified.Acme was also cited with Warning Notices for four instances
when monitoring requirements were not met: Chemical Oxygen Demand samples exceeded hold time
twice, the Environmental Protection Agency(EPA) Method 625 sample diluted which impacted the quality
of data reported, and the Whole Effluent Toxicity sample was not analyzed using the appropriate method.
Central San will monitor the effluent mercury data submitted by Acme to ensure a trend does not develop.
The proposed permit contract maintains the protections in the previous permit contract, addresses certain
changes requested by Acme representatives to reduce their compliance costs, and includes modifications
in response to the input received from the United States EPA contractors during a recent Pretreatment
Compliance Audit that included a review of the permit contract issued to Acme. Central San staff believes
that these changes are acceptable and do not significantly increase the risk to our facilities from the Acme
discharge.
As with the previous permit contract, the proposed permit contract includes conditions that allow Central
San to change the leachate monitoring parameters or effluent limits to protect Central San facilities and
operations, or to meet new regulatory requirements. Central San also has the right to suspend or terminate
the leachate discharge if acceptance of the treated leachate affects Central San's ability to meet National
Pollutant Discharge Elimination System limits, results in Central San's treatment plant being classified as a
hazardous waste treatment facility, or affects Central San's ability to reclaim water.
The permit contract was presented at the November 27, 2017 Real Estate, Environmental & Planning
(RE EP) Committee meeting where an Acme representative petitioned to have the Chemical Oxygen
Demand (COD) multiplier used in all prior permit contracts to calculate the Sewer Service Charge (SSC)
for the LTP discharge replaced with Biochemical Oxygen Demand (BOD) analyzed for the LTP effluent.
The result of this committee discussion was to extend the current permit contract for six months to allow
time to conduct a BOD study of the LTP effluent to determine if BOD could be accurately measured. The
BOD study concluded that BOD could be accurately measured in the LTP effluent provided that certain
quality control measures were employed. The proposed permit contract is modified to discontinue using
the COD multiplier and start using measured BOD to calculate the SSC for the LTP discharges.
Staff has concluded that approval of this permit contract is exempt from the California Environmental
Quality Act (CEQA). Central San CEQA Guidelines Section 15308 provides an exemption where a
regulatory agency which is authorized by state or local ordinance to assure the maintenance or protection
of the environment takes action to affect such a purpose. The execution of a permit contract with Acme is
intended to maintain and protect the waters and other aspects of the environment.Approval of this permit
contract will establish the Board of Directors' independent finding that this contract is exempt from CEQA.
ALTERNATIVES/CONSIDERATIONS
Two alternatives to the proposed permit contract were considered: 1) discontinue accepting the treated
leachate; or 2) authorize the discharge of treated leachate through Central San's existing Class I I Industrial
User Permit Program instead of a special permit. Neither alternative is preferred over the proposed permit
June 7, 2018 Regular Board Meeting Agenda Packet- Page 82 of 446
Page 3 of 3
contract. Acme has limited options to properly dispose of the landfill leachate generated. The permit
contract gives Central San more ability to customize the requirements over the Class I I Industrial User
Permit.
FINANCIAL IMPACTS
No adverse financial impacts are anticipated from entering into this contractual agreement with Acme.
Environmental Compliance, Laboratory, and legal costs will be recovered as billable activities. Treatment
Plant and Collection System costs will be recovered through the SSC authorized in the permit contract.
COMMITTEE RECOMMENDATION
Staff reviewed the proposed changes to the permit contract at the May 16, 2018 REEP Committee
meeting, specifically reviewing the results of the BOD study and the changes associated with using BOD
to calculate the SSC in lieu of the COD multiplier used in prior permit contracts. The Committee
identified general support for the recommended changes and maintenance of the other permit contract
elements.
RECOMMENDED BOARD ACTION
Authorize the General Manager to execute a three-year permit contract with Acme for discharge of treated
leachate through June 30, 2021.
Strategic Plan re-In
GOAL TWO: Strive to Meet Regulatory Requirements
Strategy 1 - Strive to Achieve 100% Permit Compliance in Air, Water, Land and Other Regulations
GOAL THREE: Be a Fiscally Sound and Effective Water Sector Utility
Strategy 2- Manage Costs
June 7, 2018 Regular Board Meeting Agenda Packet- Page 83 of 446