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HomeMy WebLinkAbout03.d. Authorize permit contract with Acme Fill CorporationCentral Contra Costa Sanitary District 3.d. BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: December 18, 2014 Subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PERMIT CONTRACT WITH ACME FILL CORPORATION FOR DISCHARGE OF TREATED LANDFILL LEACHATE Submitted By. Initiating Dept. /Div.: Timothy Potter, Engineering /Environmental Services Environmental Compliance Superintendent REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Gemmell — Environmental Services Division Manager w J. Petit — Engineering Department Manager Alm Roger S. Baileyll Counsel for the Distri General Manager ISSUE: Wastewater Discharge Permit Contracts for Class I Industrial Users must be approved by the Board of Directors. RECOMMENDATION: Authorize the General Manager to execute a three -year Permit Contract with Acme Fill Corporation (Acme) for discharge of treated leachate through December 31, 2017. 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 sewer service charge authorized in the permit contract. 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 the District's existing Class II Industrial User Permit Program instead of a special permit. Neither alternative is preferred over the proposed permit contract. Acme has limited options to properly dispose of the landfill leachate generated. The Permit Contract gives the District more ability to customize the requirements over the Class II Industrial User Permit. BACKGROUND: Acme's pretreated landfill leachate has been accepted by the District since the early 1990s and through permit contracts since 1994. A permit contract was used to protect the District and to preserve the right to modify the discharge conditions or stop receiving the treated leachate. The District chose to receive the leachate after encouragement from the Regional Water Quality Control Board (RWQCB) because the District's acceptance of the leachate under strict conditions provided the best regional environmental solution. C: \Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Acme Fill Permit Contract 12 -18 -14 Final.docx Page 1 of 3 POSITION PAPER Board Meeting Date: December 18, 2014 subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PERMIT CONTRACT WITH ACME FILL CORPORATION FOR DISCHARGE OF TREATED LANDFILL LEACHATE 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 three limit violations for mercury, one limit violation for cyanide, and one violation for not analyzing the complete list of Total Toxic Organic compounds. These violations, with the three violations that occurred in 2011 before the current Permit Contract was processed, were the first violations for these pollutant parameters since permit contracts were used to authorize the LTP discharges. Notices of Violation (NOVs) were issued for all these limit violations. Acme responded to both citations for discharge limit violations identifying concerns about the quality of the analytical data. The cyanide limit violation was investigated and a source was not identified. Acme did identify a mercury source in the small on -site lab that was discharged to the LTP. After removing this compound from the facility, there have been no mercury limit violations. The District will monitor the monthly effluent mercury data submitted by Acme to ensure a trend does not develop with regards to increased mercury in the discharge. 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 series of limit violations. District staff believes these changes are acceptable and do not significantly increase the risk to our facilities from the Acme discharge. The proposed permit contract changes are identified in the attached document with the changes from the current permit contract identified using strikeout and underline notations. As with the previous permit contract, the proposed permit contract includes conditions that allow the District to change the leachate monitoring parameters or effluent limits to protect District facilities and operations, or to meet new regulatory requirements. The District also has the right to suspend or terminate the leachate discharge if acceptance of the treated leachate affects the District's ability to meet NPDES limits, results in the District's treatment plant being classified as a hazardous waste treatment facility, or affects the District's ability to reclaim water. Staff has concluded that approval of this contract is exempt from the California Environmental Quality Act (CEQA). District 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 contract will establish the Board of Directors' independent finding that this contract is exempt from CEQA. C: \Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Acme Fill Permit Contract 12 -18 -14 Final.docx Page 2 of 3 POSITION PAPER Board Meeting Date: December 18, 2014 subject: AUTHORIZE THE GENERAL MANAGER TO EXECUTE A PERMIT CONTRACT WITH ACME FILL CORPORATION FOR DISCHARGE OF TREATED LANDFILL LEACHATE COMMITTEE RECOMMENDATION: Staff reviewed the proposed changes to the permit contract at the October 7, 2014 Real Estate, Environmental & Planning Committee meeting. The Committee identified general support for recommended changes and maintenance of the other permit contract elements. RECOMMENDED BOARD ACTION: Authorize the General Manager to execute the proposed Permit Contract with Acme Fill Corporation for discharge of treated landfill leachate from the Acme Landfill located in Martinez, California through December 31, 2017. Attached Supportinq Document: 1. Proposed Permit Contract Changes, including Exhibits C:\ Users \danderson\AppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP Acme Fill Permit Contract 12 -18 -14 Final.docx Page 3 of 3 CENTRAL CONTRA COSTA SANITARY DISTRICT WASTEWATER DISCHARGE PERMIT CONTRACT WITH ACME FILL CORPORATION 1. PARTIES: ATTACHMENT 1 Effective on Ndavember January 1, 201 , Acme Fill Corporation, a corporation, hereinafter referred to as the "DISCHARGER ", and CENTRAL CONTRA COSTA SANITARY DISTRICT, a public entity within the County of Contra Costa, hereinafter referred to as the "DISTRICT ", a Publicly Owned Treatment Works (POTW) pursuant to the provisions of the Federal Clean Water Act, as well as other local, state and federal laws and regulations relating to pretreatment and source control of industrial discharges into public sewers, now agree as follows: 2. PURPOSE: The DISCHARGER desires to discharge pretreated landfill leachate (hereinafter "treated leachate ") from the Acme Landfill site located in Martinez, California, into a public sewer owned by the DISTRICT. The DISCHARGER has constructed a pretreatment facility that is designed to meet the pretreatment parameters set forth in this Permit Contract. The DISTRICT is willing to accept the treated leachate only under circumstances that will not adversely affect the DISTRICT's current and long -term operations. The DISTRICT and the DISCHARGER wish to enter into this thirty -six (36) month contract. This Permit Contract outlines the responsibilities and requirements of the DISCHARGER and the conditional limited obligation of the DISTRICT to accept treated leachate from the DISCHARGER. Exhibits A, B, C, D, E; -ate F, -G and H to this Permit Contract are hereby incorporated by reference into this Permit Contract. 3. TERM OF THE PERMIT CONTRACT: The term of this Permit Contract is for the period from the effective date set forth in Paragraph 1 until 9eteber December 31, 29142017. Neither the terms of this Permit Contract nor any action taken by either party pursuant to agreements reached herein shall be construed to create a vested right of the DISCHARGER to discharge, for any period subsequent to the term of this Permit Contract or any extensions thereof as may be agreed to by the parties. Neither the DISTRICT's agreement to accept treated leachate pursuant to the terms of this Permit Contract nor the acceptance of any treated leachate in any manner implies the DISTRICT's agreement or obligation to accept any treated leachate beyond the termination date of this Permit Contract or to accept quantities in excess of those set forth in this Permit Contract at any time. Page 1 of 30 4. RESPONSIBILITIES OF THE DISTRICT: The DISTRICT hereby agrees to accept treated leachate from the DISCHARGER in such manner and amount as set forth for the term of this Permit Contract and further agrees to exercise its authority under this Permit Contract in good faith. 5. FEES FOR WASTEWATER SERVICE: The DISCHARGER shall make payment to the DISTRICT the following fees: 5.1. Facilities Capacity Fee. DISCHARGER has paid the Facilities Capacity Fee calculated for a discharge rate of 25 gallons per minute (GPM) of treated leachate. DISCHARGER paid this fee on or about June 1, 1993. 5.1.1 As provided for in Section 6.1, DISCHARGER requested increasing the maximum flow to 50 GPM during the wet season by increasing the flow from the East Parcel only by up to 25 GPM. Should this flow increase occur, the Facilities Capacity Fee will need to be recalculated. The Facilities Capacity Fee for the additional volume above 25 GPM during the initial period that this increased flow occurs will be calculated using the leased Facility Capacity Fee formula in the Special Discharge Permit fees while data is being generated from this new discharge volume. 5.1.2 If agreement is reached between the DISCHARGER and the DISTRICT to allow this increased flow rate from the East Parcel during the wet season to continue long -term, then the Facilities Capacity Fee shall be recalculated and DISCHARGER shall pay this recalculated fee. Alternatively, DISCHARGER shall continue to pay for the Facilities Capacity Fee for the volume of wastewater discharged above 25 GPM using the leased Facility Capacity Fee formula in the Special Discharge Permit fees. 5.2. Industrial Wastewater Discharge Permit Fee, which is based on actual costs incurred in the administration of the DISTRICT's Source Control program as it applies to the individual DISCHARGER. As part of this fee, DISCHARGER shall also pay for the reasonable cost of DISTRICT's consultants, including, but not limited to engineering consultants, analytical laboratories and attorneys, whose services are reasonably required to assist in the creation or administration of this Permit Contract. 5.3. CCCSD Sewer Service Charge, pursuant to rates set by the DISTRICT's Board of Directors by resolution. 5.3.1. Calculation of biochemical oxygen demand (BOD). For the determination of the sewer service charge set forth above, BOD Page 2 of 30 shall be determined by using chemical oxygen demand (COD) test results with a 0.35 multiplier. 5.3.1.1. DISCHARGER may purpose a study to evaluate potential salt interference in COD analysis. DISCHARGER and the DISTRICT shall meet to review elements and implementation plan for the proposed sampling study. DISCHARGER shall prepare a final report summarizing the results from the study and shall submit the report to the DISTRICT. The DISTRICT will review the report to consider possible modifications to the COD billing calculations for the next Permit Contract. 5 ?,? Additional Costs Related to the Discharge of DISCHARGER's Treated Leachate. In addition to all other costs to be borne by the DISCHARGER, in the event additional monitoring of the DISTRICT's treatment plant influent, effluent, receiving waters, sludge, ash or air emissions is required by any regulatory agency because of, or due in whole, or in part, to the discharge of DISCHARGER's treated Ieachate to the DISTRICT's system, the DISCHARGER shall be responsible for the appropriate cost of such monitoring. Such additional costs will be billed to DISCHARGER. 5 F ? ? Payment of Fees and Charges. The DISTRICT will provide DISCHARGER with an invoice for the above fees and charges on a quarterly basis. DISCHARGER shall make payment of the invoice within 30 days of the date on the invoice. Failure to pay the invoice by the due date will be subject to a 10% late penalty on the outstanding balance and a subsequent 1.5% monthly penalty until the balance is paid in full. Continued non- payment greater than 120 days shall result in termination of this Permit Contract. If DISCHARGER notifies the DISTRICT in writing of a disputed amount on an invoice, the late penalties shall not apply to the disputed amount until the claim is resolved. 6. CONDITIONS AND STANDARDS FOR DISCHARGE: 6.1. DISCHARGER may discharge to the DISTRICT's sewer system as set forth in this Permit Contract no more than a monthly average of 25 GPM of treated Ieachate for the months from June through October. Under no circumstances shall the discharge exceed 35 GPM, nor 50,400 gallons per day (GPD) during these dry season months. During the wet season months of November through May, DISCHARGER may discharge to the DISTRICT's sewer system no more than a monthly average of 50 GPM of treated Ieachate provided that the only source of wastewater above the initial 25 GPM is from the East Parcel (referenced in Section 6.1.2). Acceptance of this additional flow is conditional upon DISCHARGER conducting the monitoring requirements identified in Sections 6.3.1 and 6.3.2, and Page 3 of 30 further conditional upon the increased volume of discharge not causing any operational problems to the DISCHARGERS pretreatment system or interference of the DISTRICT'S collection system, pumping station and treatment plant operations. The discharge shall not exceed the flow rates specified in this Section unless the flow limitations are modified by the DISTRICT in writing pursuant to Section 7.13.2. The discharge shall only occur at the approved discharge location identified in Exhibit B. The authorized sources of untreated wastewater that can be treated through the Leachate Treatment Plant (LTP) within the flow limitations specified in this Section are identified in Sections 6.1.1 through 6.1.8-7 below: 6.1.1. Raw Leachate from the North Parcel of the Acme Landfill. 6.1.2. Raw Leachate from the East Parcel of the Acme Landfill. 6.1.3. Seeps originating from the East Parcel of the Acme Landfill during significant rainfall events may be discharged under DISCHARGER's plan that is approved by the DISTRICT. 6.1.4. Liquid -phase from the dewatering treatment of the sludge generated by the LTP. 6.1.5. Pumped water from the sampling of leachate and groundwater monitoring wells, provided that no more than 1200 gallons of such water may be added to the LTP influent in any 24 -hour period. 6.1.6. Aqueous -phase of Landfill Gas (LFG) condensate that is pretreated through the oil /water separator at the LFG Processing Plant. The flow rate of LFG Condensate shall not exceed 2 gpm. 6.1.7. Water used to wash down the LTP slab and rainwater that contacts the LTP slab and East Parcel Leachate Containment Area that flows to the LTP sumps. 6-1- 7.6.1.8. Wastewater from laboratory sinks. In the event that influent sources of raw leachate other than those identified above are proposed, DISCHARGER shall submit a written request to the DISTRICT for approval prior to introducing the new source to the LTP. Pumping rates from each individual location providing a source of influent to the LTP shall not be altered significantly prior to, or during compliance sampling activities in order to influence the results of a monitoring event or sample quality. 6.2. The DISCHARGER may discharge treated leachate to the DISTRICT's sewer system as set forth in this Permit Contract Page 4 of 30 provided that the DISCHARGER complies with the conditions of this Permit Contract and the specific discharge limitations set forth herein and in Exhibit A. The DISCHARGER shall immediately notify the DISTRICT in accordance with Section 6.6 below and shall comply with all pertinent provisions of Section 6.6 if the flow or concentration limitations are exceeded. 6.3. The DISCHARGER shall administer a satisfactory compliance sampling and analysis program for the raw and treated leachate and other authorized wastewater sources identified in Section 6.1 which provides for the sampling and analysis of each of the constituents set forth in Exhibit A. The compliance sampling and analysis program shall meet the following requirements: 6.3.1. DISCHARGER shall conduct compliance sampling and analysis for all applicable constituents at the frequency specified in Exhibit A. This compliance sampling shall be conducted during discharge for a 24 -hour period and shall be representative of the waste stream to the extent practicable. Proper sampling, sampling handling, and preservation techniques shall be employed at all times during the sampling period. All samples for the constituents listed in Exhibit A of this Permit Contract shall be taken at the designated sampling location(s) referenced in that Exhibit and as shown in Exhibit B unless otherwise noted. 6.3.1.1. Exhibit A of this Permit Contract reflects changes in parameters or frequency of sampling for certain parameters from the previous Permit Contract. The DISTRICT reserves the option to reinstate or revise the parameters and /or frequency of monitoring if the DISCHARGER's or DISTRICT's sampling programs identify the presence of a constituent that is substantially higher than the historical data used to justify the reduction of the monitoring activity. The DISTRICT will follow the process identified in Section 9 of this Permit Contract for notifying DISCHARGER of such a change in the monitoring program requirements. 6.3.2. Collection procedures for all sampling activities required by this Permit Contract shall be as follows: Page 5 of 30 6.3.2.2- 6.32.1 Exhibit A-al&e requires that certain constituents be analyzed from composite grab samples. For those constituents, at least four (4) individual grab samples shall be taken during the 24 -hour sampling period. These grab samples shall be representative of the waste stream to the extent practicable and shall be taken at times coinciding with full process activity in the facility. Each grab sample shall be appropriately preserved immediately after collection. Individually preserved samples may be composited prior to analysis. Samples taken for volatile organic analysis (VOA) shall be composited by the contracted laboratory prior to analysis. 6.3.2.3. 6.3.2.2. __The date and time at which the samples shall be recorded on the chain -of- custody form used for that sampling event. 6.3.3. All samples shall be taken and preserved in accordance with the current edition of Code of Federal Regulations, Title 40, Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants) Wastewater, and shall be delivered to the laboratory for analysis Pa later thaR 24 hours following the same day of completion of effluent sampling. With the exception of pH using methods SM 4500H +B or EPA 150.2, which has a 15 minute holding time uUnder no circumstances shall the maximum holding time be exceeded for any sample prior to analysis. Analyses conducted of pH samples must be done the same day of, and as soon as practicable after, collection. Any samples, other than pH as identified above that have exceeded the maximum holding time shall be considered invalid for the purposes of determining compliance with the terms and conditions of this Permit Contract. Appendix F summarizes the maximum holding times for wastewater samples. 6.3.4. All analyses of samples taken in order to comply with this Permit Contract shall be handled and preserved in accordance with the procedures presented in the Code of Federal Regulations, Title 40, Part 136 (Guidelines Establishing Test Procedures for the Analysis of Pollutants). If the sampling and analyticaImethod is not identified in these regulations, the procedures in Standard Methods for the Examination of Water and Wastewater (latest edition) shall be followed.N °rfnrmold in nnnnrrdnnnn �niith +hn .^..:.,rr°n} nrd i +inn of Standard Method for the ExaMaRatinn of Water and 1/Va&+.-.wa_t „ Amend Exhibit F identifies the approved analytical methods for the wastewater samples for most of the parameters specified. The Page 6 of 30 approved analytical methods for any parameters not included in Exhibit F are identified in Exhibit A. The laboratory selected to conduct the analysis must be certified by the State of California Department of Health Services for wastewater analysis. 6.3.4.1. Unless specifically stated in this Permit Contract, only the analytical results obtained in accordance with the Code of Federal Regulations, Title 40, Part 136 (Guidelines Establishing Test Procedures for the Analysis of Poll utants)et@RdaFd Metheds far the Ex min thin of 5A/ + and W tewate and analyzed by state certified laboratories will be used to determine compliance with the terms and conditions of this Permit Contract. 6.3.4.2. DISCHARGER shall report all effluent analytical results_ from certified laboratories obtained from any sampling event including, but not limited to, retests, duplicates, or split samples. 6.3.5. The DISTRICT shall have the opportunity to witness all compliance sampling activities. The DISCHARGER shall contact the DISTRICT's Source Control Section at least five (5) working days prior to each sampling event by calling (925) 229 -7288. Alternatively, a yearly MeRthly sampling schedule may be submitted to the DISTRICT in advance that shows the dates on which compliance sampling will be conducted. The DISTRICT shall be notified prior to the sampling event should the scheduled date(s) be changed for any reason. 6.3.6. A written request for an alternative compliance sampling and analysis program shall be submitted to the DISTRICT for review and approval prior to the initiation of such program. 6.3.7. At the DISTRICT's discretion, the compliance sampling and analysis program may be performed solely or in part by the DISTRICT. The cost of such DISTRICT sampling and analysis shall be paid by DISCHARGER. Complete laboratory results of any DISTRICT resampling will be sent to the DISCHARGER within 15 days upon receipt of complete analytical results ana+y#+Gal FepeFt(s) will be submitted to +ho DISCHARGER as GeOR The DISTRICT will split any samples taken with the DISCHARGER if the DISCHARGER makes a timely request. Nothing in this Section shall be construed to be inconsistent with other rights of the DISTRICT or obligations of DISCHARGER set for in this Permit Contract. 6.4. DISCHARGER shall submit a Periodic Compliance Report (PCR) (see Exhibit C) that addresses the sampling requirements identified in Sections 6.3.1 and 6.3.2 with the original analysis report(s) and chain- Page 7 of 30 of- custody to the DISTRICT's Source Control Section, no later than the twenty -fifth (25th) day of the month following the end of the quarterly reporting period. The quarterly reporting periods shall be January through March, April through June, July through September, and October through December. The DISTRICT may allow an extension for the submittal of the PCR provided that the DISCHARGER requests the extension in writing, 5 days prior to the due date, and that the extension is requested due to a delay in the submittal of the analyses from the contracted laboratory. Failure to submit the PCR within forty -five (45) days' past the due date without prior notification to the DISTRICT shall be considered significant noncompliance within the meaning of Title 10 of the DISTRICT Code. 6.4.1. Copies of electroni -The ^final recording of the pH and flow meter measurements„ uifl --w reGE)rdor rhart(s) reflecting the pH and flow of the treated leachate discharge for the previous reporting period shall be submitted to the DISTRICT with each quarterly PCR. Should any alteration of the electronic data be performed while producing the charts, a detailed explanation shall be provided in writing with the submittal of the chart(s). All on is inal electronic data from the flow and pH meters shall be retained pursuant to section 6.12 of this Permit Contract. -- - - - -- _ -- - - • MIE - . • • • • u - W ON IN •. •. - • r. WIWA • • �. •• •• 6.4.2. Any e #! UeRt aRa1yS S data of fhe treated leachate discharge effluent analysis obtained by EPA approved methods in addition to that required by this Permit Contract shall be submitted to the DISTRICT with the next PCR. Should the analysis data indicate a violation of this Permit Contract and /or Title 10 of the DISTRICT Code, the procedures set forth in Section 6.6 below shall be followed. 6.4.3. Copies of a daily flow meter totalizer reading log reflecting the number of gallons of treated leachate discharged to the sanitary sewer each 24 -hour operating period shall be submitted to the DISTRICT with each PCR. These copies shall reflect the daily treated leachate discharge quantity for each month for the quarterly reporting period. For LTP operating purposes, each operating day will begin at 0600. Page 8 of 30 6.4.4. Copies of receipts and /or manifests for off -haul ^rte, —r��ef- PFeGe°° liq id , sludge, and solids shall be submitted to the DISTRICT with each quarterly PCR. 6.4.5. DISCHARGER shall submit to the DISTRICT a monthly PCR no later than the twenty -fifth (25th) day of the following month. This monthly PCR shall include a summary table of the monitoring data that addresses the sampling requirements identified in Sections 6.3.1 and 6.3.2 and a LTP Operations Monitoring Data Summary. These summaries shall be included with the quarterly PCR referenced in Section 6.4 for the months preceding the submittal of the quarterly PCR. The LTP Operations Monitoring Data Summary shall include, but not be limited to, in house monitoring results for: - LTP influent and effluent flow (in GPD and GPM); - Potable water usage in GPD; - LTP influent ammonia (NH3) and total suspended solids (TSS); - Aeration basins NH3, dissolved oxygen (DO), TSS, nitrate (NO3), nitrite (NO2), and pH; - Return aG iedsli sludge TS raca-cJc���cr Effluent NH3, TSS, NO3, NO2, and pH; - Gallons and pounds of waste activated sludge; -LT° total suspended sel+ds, TSS-. Units shall be indicated in the summary where appropriate. 6.5. Discharger shall maintain and operate the continuous effluent turbidity analyzer and aMMORma effluent and dissolved oxygen analyzers aeration tank #1 and #2. The data generated from these analyzers shall be retained electronically and shall be accessible to District representatives in accordance with Section 6.9. 6.6. DISCHARGER, after becoming aware of any violation of this Permit Contract or Title 10 of the DISTRICT Code (http: / /www.centralsan.org /documents /Title 10.pdf), shall immediately inform the DISTRICT of the violation within twenty -four (24) hours. Within five (5) working days after becoming aware of the violation, the DISCHARGER shall submit a copy of the analytical report (if applicable) with a cover letter explaining the cause of the violation(s) and the actions that have been or will be taken (with time schedule) to prevent a recurrence. In addition, the DISCHARGER shall repeat the sampling and analysis for the parameter(s) in violation and submit the results of this repeat analysis to the DISTRICT within thirty (30) days of discovery of the initial violation. 6.6.1. DISCHARGER shall pay an exceedence fee when the monthly average limit for TSS is exceeded. The fee shall be determined_ according to the following schedule: Page 9 of 30 Monthly Average TSS: 101 to 125 mg /L 126 to 150 mg /L 151 to 175 mg /L 176 to 200 mg /L Exceedence Fee: $500 $1,000 $1,500 $2,000 Payment of the exceedence fee shall be submitted with the PCR, which addresses the applicable TSS exceedence. DISCHARGER may perform sampling and analysis for TSS in addition to the required frequency in Exhibit A provided the additional sampling is performed on a routine basis. For purposes of calculating the monthly average, the number of TSS analyses from week to week shall not differ by more than one event. 6.6.1.1. Discharges of TSS that exceed 2100 mg /L monthly average or 250 mg /L for any one sample shall be treated as a violation and therefore subject to formal enforcement action including the assessment of administrative penalties as well as other remedies available through the DISTRICT Code. 6.6.1.2. These exceedence fees shall be in lieu of administrative penalties authorized by Title 10 of the DISTRICT Code. A pattern of TSS exceedences will result in the DISTRICT processing these events as a violation that is subject to citation under the DISTRICT's Enforcement Response Plan. Nothing herein limits the DISTRICT's ability to take enforcement action as allowed by this Permit Contract. 6.7. In the event a sample from a DISTRICT sampling indicates that a parameter is in violation, the DISTRICT may require DISCHARGER to resample the treated leachate for the parameter(s) in violation, conduct the resampling itself, or institute a Sampling and Evaluation Program. Complete laboratory rResults of any DISTRICT resampling will be sent to the DISCHARGER within 15 days upon receipt of complete analytical results. DISCHARGER shall be responsible for the DISTRICT's costs of performing this resample event. Any DISTRICT resample event shall not count as a DISTRICT unannounced sampling event as allowed for in Section 6.11.1 of this Permit Contract. 6.8. DISCHARGER shall maintain complete and accurate daily operational logs containing influent and effluent data from the analyses performed on -site for the purpose of monitoring the operations of the LTP (e.g. Influent/effluent testing for ammonia nitrates, nitrites, pH, and TSS), and the following information: Page 10 of 30 teaGhate sump (measu'Fed weekly). If FUR time mete FS aFe LISed, tl. Total flow from East Parcel, LTP influent and LTP effluent (GPD and GPM); Continuous recording of LTP effluent flow for each day of discharge; and, Potable water flow from the totalizing flow meter. 6.9. DISCHARGER shall make electronic operational data available to DISTRICT representatives for "Read- Only" access from DISTRICT offices. At a minimum, the electronic data available through this system shall include: - LTP effluent and influent flow data; - Continuous monitoring readings from LTP effluent meters (e.g. effluent pH, effluent ammonia effluent turbidity); - Continuous monitoring readings from LTP process meters (e.g. dissolved oxygen, pH); Discharger shall pay for and provide the software needed for the District to have access to this electronic data, if applicable. Discharger shall provide District representatives with password(s) that will enable this read -only access to this operating leg -data. As referenced in the compliance schedule in Section 7.15, this electronic access shall be web - based. 6.10. In accordance with Section 10.12.070 of the DISTRICT Code, DISCHARGER shall use the following certification statement when transmitting documents to the DISTRICT that record or demonstrate compliance with Title 10 of the DISTRICT Code or the conditions of this Permit Contract. Submittals requiring a certification statement include, but are not limited to, PCRs, documentation associated with a compliance schedule requirement, responses to a Warning Notice or a Notice of Violation, and other required submittals. The certification statement shall be signed by an authorized representative of the DISCHARGER: "I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision and in accordance with the system designed to insure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) who manages the system, or those directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and /or imprisonment for knowing violations." 6.11. The DISCHARGER shall provide access to the LTP, leachate extraction wells, discharge location, and other locations of the Acme Page 11 of 30 Landfill property associated with the LTP, or that could contribute to LTP discharge quality. This access shall be provided for any representative from the DISTRICT at all reasonable times to conduct inspections and to conduct unannounced sampling of the treated leachate discharge and any other wastewater sources on the premises. DISCHARGER has provided the required access by providing the DISTRICT with an access code for the gate near the landfill gas processing unit that enables access to the facility twenty - four (24) hours per day, seven (7) days per week. The DISTRICT's representative(s) shall contact DISCHARGER prior to accessing the Acme Landfill property for the aforementioned inspections and /or sampling events if access beyond the LTP is required. DISTRICT personnel shall be allowed to take photographs to record violations of this Permit Contract as necessary once access is provided. 6.11.1. The costs of the DISTRICT's sampling activities conducted during the term of this Permit Contract shall be paid for by the DISCHARGER (maximum eight [8] per year). Any additional DISTRICT sampling undertaken pursuant to this Section will be paid for by the DISTRICT. The DISTRICT sampling will include, at a minimum, the same parameters set forth on Exhibit A. 6.11.2. DISCHARGER shall not tamper with, or in any way interfere with; DISTRICT monitoring or sampling equipment or activities. The DISCHARGER shall not intentionally alter the process discharge during a DISTRICT sampling event in order to influence the outcome of the DISTRICT's monitoring. 6.11.3. DISCHARGER shall provide the DISTRICT with sole and unrestricted access to the effluent sampling location. 6.12. All records relating to compliance with the conditions of this Permit Contract shall be made available to officials of the EPA, state and DISTRICT, or their authorized representatives. These records shall be retained at DISCHARGER's facility for a minimum of three (3) years from the date of any compliance report to which these records are applicable or three (3) years from the date any investigation or enforcement action undertaken by the DISTRICT, state or EPA has been concluded, except when there is unresolved litigation regarding DISCHARGER or the DISTRICT to which such records are relevant, or a request of the General Manager of the DISTRICT for a longer retention, in which cases the records shall be retained until the litigation is concluded (including the expiration of all periods of limitation and of all appeals) or as requested by the General Manager. 6.13. In the event of any discharge to the public sewer of substances known to be dangerous or otherwise prohibited by this Permit Contract or by Title 10 of the DISTRICT Code, or in the event of any Page 12 of 30 discharge to the public sewer of substances that may have an immediate detrimental effect on the DISTRICT's facilities or operations, or to the public, the DISCHARGER shall immediately notify the DISTRICT of the incident by calling the following telephone numbers: (925) 229 -7288 (Source Control —leave message if no answer) AND (925) 229 -7214 (Treatment Plant Shift Supervisor). The verbal notification shall include the following minimum information: - Business name, contact person and telephone number. - Location, date, time and duration of the discharge. - Composition of the substance and its dangerous properties. - Concentration and volume. - Immediate corrective actions taken. It shall be the responsibility of the DISCHARGER to notify the DISTRICT of any unusual discharge whether or not the DISCHARGER is aware of any possible impact to the DISTRICT's facilities or operations. DISCHARGER shall also so notify the DISTRICT when any concentration exceeds, for longer than fifteen minutes, more than five times a parameter level set forth in Exhibit A, or if the daily discharge limitation e€40,08& 6f?Dfound in Section 6.1 of this permit contract is exceeded. 6.13.1. A notice shall be permanently posted on the DISCHARGER's premises stating who shall be called in the event of a discharge to the public sewer as referenced above. The DISCHARGER shall ensure that all employees who may cause, or allow such a discharge to occur, are advised of the DISCHARGER's emergency notification procedure. 6.13.2. Within five (5) working days from the date of the discharge, the DISCHARGER shall submit a detailed written report to the DISTRICT's Source Control Section, describing the nature and cause of the discharge and the measures that have been or will be taken (with time schedule) to prevent similar future occurrence. Written submittals of bypass events shall contain a description of the bypass and its cause; the duration of the bypass including exact dates and times and if the bypass has not been corrected the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass 6.14. DISCHARGER shall notify the DISTRICT's Source Control Section in writing prior to any planned significant changes (permanent or temporary) to the premises, processes, chemical usage, leachate Page 13 of 30 treatment, and /or operations that have the potential for changing the quality, volume or location of the treated leachate discharge or that may otherwise lead to deviation from the terms and conditions under which this Permit Contract is granted. This includes, but is not limited to, installation or modification of new equipment or processes. The notification shall include: a detailed description of the proposed significant change; the effective date(s) of the planned significant change; an evaluation of the effect the proposed change has on the quality or volume of the discharge; and presentation of a program to monitor the effect the proposed change has on the quality or volume of the discharge. This notification shall be submitted by a Professional Engineer (PE) registered in the State of California. DISCHARGER is responsible for monitoring the effect the significant change has on the quality or volume of the discharge. Aftedf ;n the judgment of the DISTRICT review of the proposal and supporting documentation it is determined that, the proposed significant change will materially affect the DISCHARGER's ability to comply with the terms and conditions of this Permit Contract, the DISTRICT shall so notify the DISCHARGER in writing of this finding. The DISTRICT may require additional monitoring of the treated and /or raw leachate or other wastewater source(s) pursuant to Section 9 of this Permit Contract in response to the DISCHARGER's proposed planned significant change. 6.14.1. DISCHARGER shall also notify the DISTRICT's Source Control Section and Treatment Plant of any atypical operational changes that have the potential for changing the quality, volume or location of the treated leachate discharge. Notification of those types of changes shall be made verbally, within 24 hours or the next business day, followed by written notice within five (5) working days; this written notice can be made using e-mail 'skI invert (a@centralsan.org unless the DISTRICT provides DISCHARGER with an alternative email address to submit these written notices). 6.14.2. Failure to notify the DISTRICT of changes set forth in Sections 6.14 and 6.14.1 may lead to termination of this Permit Contract, at the discretion of the DISTRICT. 6.15. A pretreatment facility operator shall be present at the site or shall be available to be present at the site upon eRetwo (42) hours notice during any treated leachate discharge to the sanitary sewer system to ensure proper operation and maintenance of the LTP and to maintain compliance with this Permit Contract at all times. This person shall have the necessary education and experience related to the facility's operation, processes and leachate treatment. The operator shall also have an Industrial Waste Treatment Plant Page 14 of 30 Operator Certificate, Grade III or above, issued by the California Water Environment Association (CWEA), or equivalent program, and a certificate of completion from the California State University, Sacramento, Industrial Waste Treatment course. Alternatively, such operator shall have qualifications that are deemed acceptable by the DISTRICT. DISCHARGER shall has submitted a list of the certified LTP operators to the DISTRICT and shall report any change in operators on the respective quarterly PCRn E) later thaR DeGember 31r of each year and shall post a copy of the current operator's certification at a conspicuous location at the LTP. The qualifications and certifications of proposed new LTP operators or qualifications which are different from those set forth in this Section shall be submitted to the DISTRICT for review and approval five (5) days prior to such operator being allowed to operate the LTP. 6.15.1. DISCHARGER shall furnish the DISTRICT with a list of the personnel responsible for the operation and maintenance of the LTP and an emergency telephone number that will provide access to emergency coordinator or qualified operator. This will enable the DISTRICT to provide for the same E)Re two hour response as identified above if considered necessary for the protection of DISTRICT facilities. This list may be included as part of the Slug Discharge Prevention and Contingency (SDPC) Plan identified in Section 7.11 of this Permit Contract. 7. CONDITIONS FOR DISCHARGER'S FACILITY AND OPERATIONS: In order for the discharge to be authorized pursuant to this Permit Contract, DISCHARGER shall comply with each of the following conditions: 7.1. A magnetic flow meter, or an alternative flow meter approved by the District in writing,- which shows instantaneous and totalized flow -w h- a nhart reGOrrdor shall be maintained on the discharge piping. The flow meter shall interface with LTP SCADA system to generate a discharge flow line chart. AR inte;faGe shall be pFevided with this flee, The flow meter shall be calibrated on at least a semiannualquartedy basis, or as recommended by manufacturer, to ensure accurate readings. Flow meter calibration methods shall be established by DISCHARGER and approved by the DISTRICT. At a minimum, the Palmer - Bowles flume on the discharge piping shall be compared to the flow meter reading at least quarterly to ensure the flow meter is accurately recording the flow. These calibrations shall be recorded on the daily flow reading logs required by Section 6.8 of this Permit Contract. A Palmer - Bowles flume shall be maintained on the discharge piping with a permanently mounted depth gauge to verify flow meter readings. A valve shall be located downstream of the flow meter for the purpose of diverting flow into a container of known volume to verify flow measurement utilizing time and known volume. Page 15 of 30 7.2. Pretreatment of the regulated discharges shall consist of, at a minimum, biological treatment, aeration, pH adjustment, polymer addition to promote settling solids as needed and clarification. Sludge that is generated by the LTP shall not be discharged to the sanitary sewer system. On -site dewatering treatment of the sludge is a component of the pretreatment system when the liquid phase is reintroduced into influent stream of the LTP. Exhibit D shows the LTP process schematic. DISCHARGER shall treat the raw leachate and other approved influent sources identified in Sections 6.1.1 through 6.1.7-8 in accordance with this schematic. The pretreatment system shall be maintained in good operating condition at all times and be provided with a lockable discharge shut -off valve in the event of an emergency. 7.2.1. The DISTRICT reserves the right to require the DISCHARGER to install and maintain additional pretreatment equipment if deemed necessary to: 1) Enhance the ability to comply with effluent limits specified in Exhibit A if pattern of non - compliance occurs; or 2) Reduce the levels of Total Dissolved Solids (TDS) discharged to the sanitary sewer system; or 3 -2) Increase the UV energy transmitted through the discharge based on UV transmittance 4) Remove constituents that may become known as a public /environmental health concern or pose a compliance problem for the DISTRICT's operation. Such action may be required at any time if it is determined that the acceptance of treated leachate has a detrimental effect on the DISTRICT's reclaimed water quality, ability to disinfect the DISTRICT'S treatment plant effluent, or ability to conduct its operations in a manner that protects public health /safety and the environment. The cost of purchasing, installing, and operating any additional pretreatment system shall be the responsibility of the DISCHARGER. Should the installation and maintenance of additional pretreatment equipment be required in order for the DISTRICT to meet the objectives referenced above, DISCHARGER will be notified in advance of the requirement, the District and Discharger will meet and review the pretreatment options and a compliance schedule will be developed to allow for reasonable time for the installation of the necessary pretreatment equipment or facility modifications. 7.2.2. DISCHARGER shall conduct an analysis of additional pretreatment alternatives to treat specific pollutant parameters that result in two violations of-the same effluent limit specified in Exhibit A within a twelve (12) month period, or three violations of the same effluent limit during the term of this Permit Contract. DISCHARGER shall submit a written report of this analysis within 60 calendar days after becoming aware of the violation that invokes this requirement. Page 16 of 30 7-2.2.7.2.3. In addition to all other logs required to be kept by this Permit Contract; DISCHARGER shall keep and maintain written operating logs containing the following information at a minimum: All changes, additions, maintenance, and /or other actions performed on the treatment processes. These actions include, but are not limited to, process changes, calibrations, shut downs, cleaning activities, and system checks. These actions shall be recorded on this log on the day performed. The volumes of the transfers of sludge from the clarifier to the sludge dewatering system, or to storage, and the volumes of the transfers from the sludge dewatering system to storage. The volumes of the transfers of processed sludges shall be recorded on the log on the date(s) the transfer occurs. 7.3. The effluent pH meter /recorder shall be maintained in proper working order at all times. The pH meter /recorder shall activate an alarm when the pH meter /recorder indicates a reading of less than 6 units or greater than 10 units. These settings shall also activate an automatic shut down of the LTP discharge to the sanitary sewer. The following measures shall be taken to ensure proper operation of the effluent pH recorder: The pH measurement probes shall be cleaned on a monthly basis to ensure proper operation of the pH meter /recorder. The pH meter /recorder shall be calibrated en a MORthly b i according to manufactures recommendations or at least monthly to ensure accurate pH readings. The above referenced maintenance activities and any adjustments or malfunctions of the pH correction system shall be recorded on the pH measurement charts with the date and time of the occurrence and the operator's initials. 7.4. The efflueRt aMMeRiadissolved oxygen analyzers /retie de in aeration tanks #1 and #2 shall be maintained in proper working order at all times. Any maintenance activities on the equipment (e.g. calibrations) shall be recorded on the dissolved oxygen ammenia measurement charts with the date and time of occurrence and the operator's initials. Page 17 of 30 7.5. The effluent turbidity analyzer /recorder shall be maintained in proper working order at all times. Any maintenance activities on the equipment (e.g. calibrations) shall be recorded on the turbidity measurement charts with the date and time of occurrence and the operator's initials. 7.6. The LTP alarm system shall continuously monitor for pH and dissolved oxygen activating an automatic shutdown or recycle of the pretreatment system so that the discharge to the sanitary sewer system ceases immediately. 7.7. All pretreatment equipment, including meters, alarms and valves, shall be frequently monitored and maintained to ensure proper operation, reliability and accuracy. Any major changes in pretreatment equipment or operations must be approved in advance by the DISTRICT and a revised Operation and Maintenance manual submitted. The Operation and Maintenance manual for the pretreatment facility shall include, but is not limited to, pertinent equipment manuals, maintenance schedules, spare parts inventory, personnel training, safety, and emergency procedures. 7.8. The DISCHARGER shall provide adequate secondary containment for all hazardous materials, satellite hazardous waste storage areas and /or materials prohibited by Title 10 which are used relative to leachate treatment or which are byproducts of such treatment, which are sufficiently close to any drains as to have the potential, if a spill should occur, to discharge any of the above listed materials into the DISTRICT's sewer system. 7.9. DISCHARGER shall not discharge raw leachate, any other influent sources identified in Section 6.1, or any non - domestic wastewater to the DISTRICT's sanitary sewer system without treatment through the LTP. Discharger shall not discharge treated leachate which does not comply with the discharge limitations set forth in Exhibit A into the DISTRICT's sewer system and shall be prepared to shut down the LTP influent, recycle the leachate within the LTP, or to take other measures to accommodate a planned or emergency shutdown of the system discharge as may be appropriate. DISCHARGER shall ensure that the required SDPC Plan includes the elements necessary to ensure this emergency response system is implemented appropriately. 7.10. Hazardous materials, spent chemical solutions, sludge, and /or any toxic or hazardous wastes which are generated at the LTP shall be properly containerized and stored in a secure area in accordance with all applicable state, federal and local laws. The spent chemical solutions, sludge, and any toxic or hazardous wastes shall be either transported to an authorized facility by a properly licensed hazardous waste hauler, or recycled by a properly licensed recycler. No Page 18 of 30 discharge of untreated spent chemical solutions, oils, sludge, and /or hazardous wastes to the sanitary sewer system is permitted. The DISCHARGER shall implement an inspection and maintenance program to ensure that process sludge and solids do not accumulate in the facility's process discharge lines, sampling structure, and /or sanitary sewer lateral. 7.11. DISCHARGER is required to prepare a SDPC Plan in order to provide the necessary protection from slug discharges of restricted materials to the DISTRICT's facilities. The SDPC shall contain the following information, at a minimum: - A description of the discharge practices including non - routine batch discharges. - A description of stored hazardous chemicals. - The practices for promptly notifying the DISTRICT of slug discharges, including any discharge that would violate a specific discharge prohibition with procedures for follow -up written notification within five (5) days. Procedures to prevent adverse impact from accidental spills including maintenance and inspection of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run -off, worker training, building or containment structures or equipment, measures for containing toxic organic pollutants (including solvents), and /or measures or equipment for emergency response. - Follow -up practices to limit the damage suffered by the DISTRICT's treatment plant or the environment. A certification statement signed by an authorized representative, as required in Section 6.10 of this Permit Contract. Submittal of the SDPC Plan shall be in accordance with the Compliance Schedule contained in Section 7.15 of this Permit Contract. 7.12. DISCHARGER shall not, in any way, attempt to dilute raw leachate or the LTP discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in this Permit Contract, or in any National Pretreatment Standards, or in any other pollutant- specific limitation developed by the Federal government, DISTRICT or State. 7.12.1. The use of potable water at the LTP is limited to that necessary for operations including the mixture of polymer though the Pelybiend system and periodic wash down of the LTP slab and equipment. Page 19 of 30 7.12.2. The totalizing flow meter located on the potable water supply line for the LTP shall be properly maintained to ensure accurate flow measurements are recorded. 7.13. Should the treated leachate be determined to cause or contribute to toxicity in the DISTRICT's effluent, or in any way cause or contribute to the DISTRICT failing to meet any regulatory condition, or to cause or contribute to a nuisance, or should DISCHARGER fail to comply with any provision of this Permit Contract, the DISTRICT will have the right to immediately suspend or terminate acceptance of the treated Ieachate. Acceptance will not be reinstated unless and until DISCHARGER can prove to the satisfaction of the DISTRICT that the treated Ieachate no longer causes or contributes to a condition, giving rise to the suspension or termination of acceptance, and until DISCHARGER fully complies with all provisions of this Permit Contract. 7.13.1. DISTRICT may require the flow rate of the treated Ieachate discharge to be reduced from the rates authorized in Section 6.1 of this Permit Contract in response to either non - compliance with the discharge limitations identified in this Permit Contract or to monitor the potential impact the treated Ieachate may be having on the DISTRICT's operations. DISCHARGER shall comply with the DISTRICT's request to reduce the discharge flow rate from the LTP. OF nrw tributary SG rno of wastewater to the TD , 7.13.2. DISTRICT may require, or may approve a request from DISCHARGER to, change to the flow rates and limitations specified in Section 6.1 of this Permit Contract to allow for seasonal variations of the discharge of treated Ieachate during the wet and dry seasons. Such changes will only be implemented if they will result in beneficial conditions for the DISTRICT's operations and the LTP has the demonstrated ability to properly treat the alternative flow rates. DISTRICT will only initiate a change to seasonal flow rates if it is determined that reduced flows from the LTP during the dry season is needed in order to properly manage DISTRICT's reclaimed water program. In the event the DISTRICT requires this change to variable seasonal flow rates, DISTRICT shall make reasonable efforts to accommodate DISCHARGER so as to provide for a discharge of a total annual average volume of flow equivalent to 25 GPM, or a prorated total annual average volume due to the increased flow from the East Parcel during the wet season, if implemented. The DISTRICT will provide DISCHARGER an opportunity to seek Regional Water Quality Control Board (RWQCB) approval, if needed, in order to modify the flow rates for seasonal variations. Page 20 of 30 7.14. DISCHARGER shall operate the LTP to control the potential toxicity of the treated leachate discharged to the sanitary sewer system. Parameters that can be used to measure the toxicity of the treated leachate include, but are not limited to, Whole Effluent Toxicity Testing, COD, nitrification performance of the LTP, and measured concentrations of parameters known to contribute to toxicity (e.g. pesticides, mercury, PCBs, dioxin compounds). 7.14.1. Objective enforcement response criteria the District will use to evaluate the Whole Effluent Toxicity test results concurrently with appropriate control tests are established in Exhibit E. The enforcement response criteria for the Whole Effluent Toxicity test contained in Exhibit E can be modified as necessary to adapt to changes in the reliability of the Whole Effluent Toxicity test methods. Modifications to the criteria in Exhibit E shall be agreed upon by both DISTRICT and DISCHARGER after reasonable negotiations. If after reasonable negotiations concurrence on the modified criteria cannot be reached between the DISTRICT and the DISCHARGER, the DISTRICT shall establish the modified criteria without concurrence by the DISCHARGER. The DISTRICT shall notify the DISCHARGER in writing of changes to the criteria contained in Exhibit E with an effective date of the changes. 7.15. Compliance Schedule The following tasks shall be completed by the date specified: REQUIRED ACTION 1 DISCHARGER shall review, update, and resubmit to the DISTRICT a Slug Discharge Prevention and Contingency Plan. IN mr- W01 UP 9 31 DISCHARGER shall review and update the contents of EXHIBIT B of this Permit Contract (LTP SITE MAP WITH DESIGNATED SAMPLING LOCATIONS AND APPROVED DISCHARGE LOCATION) to incorporate current operations (e.g. location of continuous turbidity and ammonia .,Ralyz ors). DISCHARGER shall provide DISTRICT with the updated EXHIBIT B or certify that Exhibit B of this Permit Contract records current operating conditions. DUE DATE January 1, 20162 DeGe ber January 31, 201 X2015 4 DISCHARGER shall review and update the contents of EXHIBIT D of this Permit Contract (LEACHATE TREATMENT PLANT PROCESS DeGe ber January Page 21 of 30 REQUIRED ACTION SCHEMATIC). DISCHARGER shall provide DISTRICT with the updated EXHIBIT D. X ide updated rem DUE DATE 31, 2011 2015 c December 31. 2014 operational data or shall provide schedule for updated access if electronic operational data program will be upgraded within next six months. 8. REGULATORY STATUS OF LEACHATE: The DISCHARGER shall continuously monitor federal and state policies and regulations regarding the classification of the raw leachate as a hazardous waste in order to identify options to classify the raw leachate as a non - hazardous waste. DISCHARGER shall be responsible for filing the necessary petitions to have the raw leachate classified as a non - hazardous waste, obtain a variance, or document the continued applicability of the domestic sewage exclusion when options become available or additional requirements apply. The DISTRICT will have the right to suspend or terminate the DISCHARGER's treated leachate discharge, notwithstanding any other provisions of this Permit Contract if the classification of the leachate as a hazardous waste results in the DISTRICT being subject to the hazardous waste management laws with a classification as a hazardous waste Treatment, Storage, and Disposal Facility, or if it affects the DISTRICT's ability to reclaim water. To the extent any statutory or regulatory protection for the DISTRICT exists at that time regarding the receipt of hazardous waste through public sewers, the DISTRICT shall take those provisions into account prior to suspending or terminating the treated leachate discharge. To the extent other protections for the DISTRICT may be available at that time, such protections will also be considered prior to suspension or termination. 9. DISTRICT RESERVATION OF RIGHT TO REVISE DISCHARGE PARAMETERS AND ANALYSIS METHODS: 4- 1- 9.17he DISTRICT reserves the right to revise the effluent discharge limits or the monitoring program (parameters and /or frequency of sampling) as set forth in Exhibit A under this Permit Contract as may be required to protect the DISTRICT's facilities from pass- through of pollutants (to include effect on water, recycled water, air and sludge or ash), or other interference with DISTRICT operations, or to meet regulatory requirements as are imposed by any federal, state or local regulatory agency, or to protect the public health, safety or welfare, during the term of this Permit Contract. Within the three -year term of the Permit Contract, the limits in Exhibit A may need to be adjusted as part of changes to the local limits evaluation and /or as part of the District's adopted NPDES Permit -. In the event the DISTRICT revises the parameters as set forth in this paragraph, the DISCHARGER shall receive written notice of such revisions as soon as practicable prior to the effective date of the revision. If the proposed revision requires the DISCHARGER to Page 22 of 30 perform extensive hardware modifications, and the DISCHARGER so notifies the DISTRICT in a timely manner, the effective date of the revision may be extended. To the extent the revision is a result of new regulatory requirements imposed by the EPA or the State and such an entity or a regulatory agency sets forth a compliance schedule, the DISCHARGER will be subject to that compliance schedule unless stated otherwise in the notice provided by DISTRICT. DISCHARGER shall be solely responsible for all costs incurred to comply with any new monitoring requirements. The DISTRICT shall make reasonable efforts to apply any revised parameter limit to other regulated dischargers of the relevant constituent(s) in an equitable manner. 4-4-.9.2. The DISTRICT reserves the right to revise the required effluent discharge analytical methods as set forth in Exhibit F under this Permit Contract as may be required to comply with updates including, but not limited to the Code of Federal Regulations, Title 40, Part 136 (Examination of Water and Wastewater) or Standard Methods for the Examination of Water and Wastewater. 10. FURTHER REQUIREMENTS OF REGIONAL WATER QUALITY CONTROL BOARD: DISCHARGER acknowledges that it is possible that the San Francisco Bay RRWQCB will impose additional requirements upon DISCHARGER apart from those present in this Permit Contract, and that DISTRICT shall have the right to suspend or terminate DISCHARGER's treated leachate discharge, if DISCHARGER fails to follow such requirements. DISCHARGER further acknowledges that the RWQCB may not approve the treatment parameters set forth in Exhibit A and /or the treatment process set forth in Exhibit D. In such a case, the DISTRICT shall have the right in its discretion to suspend or terminate discharge of treated leachate and /or to suspend or terminate this Permit Contract. 11. APPLICABILITY OF DISTRICT CODE: In addition to the terms and conditions of this Permit Contract, the DISCHARGER shall comply with the DISTRICT's Source Control Ordinance as well as other provisions of the DISTRICT's Code and Resolutions. In the event there is a conflict or inconsistency between this Permit Contract and the DISTRICT's Source Control Ordinance, Code and /or Resolutions, the DISCHARGER must comply with the most stringent standard, condition or requirement provided for in this Permit Contract, the Ordinance, Code, and /or Resolutions. It is understood by the parties hereto that modifications to the DISTRICT's Source Control Ordinance during the term of this Permit Contract are possible. To the extent such newly enacted ordinance amendments alter the discharge requirements set forth under this Permit Contract, such amended ordinance provisions shall be applicable to and binding on the DISCHARGER. To the extent said ordinance changes will require the DISCHARGER to modify its facilities, the DISCHARGER shall be given at least ninety (90) days subsequent to the effective date of the ordinance amendment in which to make such changes or modifications. If the ordinance change will require the DISCHARGER to Page 23 of 30 perform extensive hardware modification, and the DISCHARGER so notifies the DISTRICT in a timely manner, the effective date of the application of the ordinance change to the DISCHARGER may be extended. 11.1 The District's Source Control Ordinance has a discharge prohibition for PCBs and Dioxin compounds in section 10.08.040 P. For purposes of enforcement, compliance with this discharge prohibition shall be determined for: 11.1.1 PCBs using EPA Method 608. Analytical data for PCB congeners using EPA Method 1668C (Exhibit A) shall be for informational purposes and to develop a local discharge limit if the District's effluent limit becomes based on EPA Method 1668C. 11.1.2 Dioxin compounds using EPA Method 1613 when the detected parameters are measured at concentrations above the Minimum Level (ML) for the dioxin congeners. 12. DISCHARGER COMPLIANCE WITH OTHER REGULATIONS: It is the responsibility of the DISCHARGER to obtain and keep in force all permits, prepare and file all documents and reports and pay all fees and charges required by any Federal, State or local agencies other than the DISTRICT related to the operation of its LTP. The DISCHARGER shall in all respects comply with applicable statutes, laws, rules, regulations, ordinances, orders and procedures imposed by the Environmental Protection Agency, the State of California Department of Toxic Substances Control, the RWQCB, and all other Federal, State and /or local agencies having jurisdiction over the monitoring, inspection, sampling, discharge and treatment of the leachate to be discharged to the DISTRICT's sewer, whether said statutes, laws, rules, regulations, ordinances, orders and procedures are currently in effect or hereafter adopted. 12.1. DISCHARGER shall submit to the DISTRICT copies of all new er renewed IlGeRses permit n4e f , notices of violations, and /or complaints issued from all Federal, State, and /or local agencies pertaining to, or affecting, the operation of the LTP and the leachate extraction. These copies shall be submitted after receipt with the following quarterly PCR. 12.2. DISCHARGER shall make available to the DISTRICT copies of all new or renewed licenses, permits, orders, and /or claims issued from all Federal, State, and /or local agencies pertaining to or affecting, the operation of the LTP and the leachate extraction 42-.2-12 - DISCHARGER shall make availablee +t -to the DISTRICT copies of all reports submitted to and /or correspondence with the RWQCB, which are related to compliance with RWQCB requirements for the leachate monitoring, treatment and extraction operations. These reports and /or correspondence shall include, but are not limited to, leachate monitoring well reports and compliance status reports. Page 24 of 30 ---.,__--DISCHARGER is responsible for complying with all the conditions established in this Permit Contract. None of the Permit Contract conditions are intended to contradict or create inconsistencies with the regulatory requirements of other agencies. The DISCHARGER is responsible for notifying the DISTRICT of contradictions or inconsistencies with any conditions of this Permit Contract and the requirements of other regulatory agencies. 13. DESIGNATED REPRESENTATIVES: The DISTRICT designates the General Manager or his designee as its representative. The DISCHARGER designates Nicholas J. Farros or his designee as its representative. 13.1. All reports and /or enforcement related documents as may be required or resulting from this Permit Contract shall be signed by an authorized representative of the DISCHARGER as defined in Section 10.0204.040(B) of the District Code. DISCHARGER shall provide the DISTRICT with a list of its authorized representatives and level of signature authority. 13.2. All notices to either party by the other concerning this Permit Contract shall be deemed given when made in writing and hand delivered or mailed by certified mail to such parties' designated representative at their respective addresses: DISTRICT: Central Contra Costa Sanitary District 5019 Imhoff Place Martinez, CA 94553 DISCHARGER: Acme Fill Corporation 950 Waterbird Way P.O. Box 1108 Martinez, CA 94553 14. INSURANCE AND INDEMNITY: 14.1. The DISCHARGER shall secure and maintain such insurance as will protect it and the DISTRICT, as additional insured, from claims, whether brought by the DISCHARGER, its employees, the DISTRICT, or its employees, or a third party for personal or bodily injury, death, or property damage which may arise from DISCHARGER's performance related to this Permit Contract, including, but not limited to the discharge of treated leachate or any unauthorized discharge. Page 25 of 30 The DISCHARGER shall provide and maintain at all times during the performance of this Permit Contract the following insurance: Comprehensive General Liabilitv Insurance: Comprehensive General Liability Insurance as will protect the DISCHARGER and the DISTRICT, as additional insured, from any and all claims for damages or bodily or personal injuries including death, which may be suffered by persons, or for damages to or destruction of property which may arise from DISCHARGER's performance related to this Permit Contract, including but not limited to the discharge of treated leachate or any unauthorized discharge, with provisions that such insurance covering the DISTRICT shall be primary insurance and any insurance protection measures undertaken by the DISTRICT will be excess coverage over the coverage provided by said policy provided by the DISCHARGER. The insurance shall provide a minimum of Two Million Dollars ($2,000,000) coverage per occurrence, Two Million Dollars ($2,000,000) aggregate, for personal and bodily injury and Two Million Dollars ($2,000,000) coverage per occurrence, Two Million Dollars ($2,000,000) aggregate for property damage. Such insurance shall be written on an occurrence basis and will insure the DISCHARGER and the DISTRICT from any and all claims, including, but not limited to, those arising from (1) personal injury; (2) bodily injury; (3) property damage; (4) automobiles, trucks or other vehicles and equipment owned, not owned, or hired, licensed or unlicensed for road use. Such coverage shall include broad form property damage, cross liability, independent contractors, and blanket contractual liability. The DISCHARGER agrees to maintain such insurance at DISCHARGER's expense in full force and effect with a company or companies satisfactory to the DISTRICT. All coverage shall remain in effect during the term of this Permit Contract. The DISCHARGER shall furnish the DISTRICT with certificates of insurance and such endorsements as are necessary to bind coverage for the DISTRICT, as additional insured, issued by the DISCHARGER's insurance carrier and countersigned by an authorized agent or representative of the insurance company, including certificates of renewal. The certificates and endorsements shall be submitted within ten (10) days of DISTRICT's execution of the Permit Contract and shall show that the insurance shall not be canceled, altered, or reduced without thirty (30) days prior notice to the DISTRICT. If there are any changes to the policy limits as permitted by the Permit Contract, the DISTRICT shall be provided with new certificates and endorsements promptly after such change. 14.2. The DISCHARGER shall assume the defense of and indemnify and save harmless the DISTRICT, its officers, directors and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, including attorneys' fees, directly or indirectly arising from DISCHARGER's performance of this Permit Contract or the operations of the DISCHARGER at the Page 26 of 30 DISCHARGER's facility at Martinez, California relating to the discharge of treated leachate or any unauthorized discharge therefrom, excepting only such injury or damage as may be caused by the active negligence or willful misconduct of the DISTRICT. This indemnification shall include, but not be limited to, indemnification for the DISTRICT against any and all loss, damage, costs, expenses and attorneys' fees suffered or incurred as a result of administrative enforcement actions, environmental regulation, or environmental litigation, howsoever same may be caused, arising out of DISCHARGER's performance of this Permit Contract or the treated leachate discharge or any unauthorized discharge from DISCHARGER's operations at said Martinez facility. In the event of a court challenge to the legality or applicability of these indemnity provisions, the parties hereto agree that the indemnity provision shall be interpreted in favor of the indemnitee, and the DISTRICT shall be afforded the maximum degree of indemnification as may be reasonably inferable from the language used herein which is available at law. 14.3. The DISCHARGER shall depas4has deposited Fifty Thousand Dollars ($50,000) with the DISTRICT to establish a long -term payable account that will earn interest using the Local Agency Investment Fund (LAIF) rate. It is understood and agreed that the DISTRICT may, on fifteen (15) days notice to the DISCHARGER, with or without the consent of the DISCHARGER, make use of such security funds for payment of delinquent fees or charges imposed pursuant to this Permit Contract and /or for payment of any defense costs or liability arising out of or resulting from the operations of the DISCHARGER's facility at Martinez, California, including the discharge of treated leachate or any unauthorized discharge from that facility into the public sewer. This long -term payable account shall remain in effect throughout the term of this Permit Contract, and shall be in addition to other fees, protection and requirements as may be set forth herein. The DISTRICT shall calculate the interest earned on this long -term payable account annually using the average annual LAIF interest rate.- d The DISTRICT shall provide DISCHARGER with an annual account statement. Ppayment of the earned interest shall occur at the end of the Permit Contract term. 15. SAFETY: The DISCHARGER shall perform all work related to the operations under this Permit Contract in compliance with the California Occupational Safety and Health Administration (Cal /OSHA) requirements and all other applicable laws, statutes, ordinances, rules and regulations which shall relate to the health and safety for DISCHARGER's personnel, agents and subcontractors. 15.1. The DISCHARGER shall ensure that DISTRICT personnel are informed of any specific safety procedures, alarms, or personal Page 27 of 30 protective equipment requirements for the entire facility or within certain areas of the facility. 16. RESPONSIBILITY FOR COSTS AND EXPENSES: 16.1. All conditions, requirements and responsibilities of the DISCHARGER set forth in this Permit Contract shall be at the sole cost and expense of the DISCHARGER and at no cost to the DISTRICT. 16.2. DISCHARGER shall reimburse the DISTRICT for all costs associated with any additional training required (e.g. OSHA training requirements) in order for DISTRICT personnel to perform duties related to the inspection, monitoring, and /or sampling of the leachate extraction operations or treatment thereof. 16.3. In the event additional costs are incurred by the DISTRICT in part due to the acceptance of DISCHARGER's treated leachate and in part due to other factors, the DISTRICT shall make all reasonable efforts to proportion the costs attributable to the DISCHARGER, and the DISCHARGER shall only be responsible for such costs in proportion to its responsibility. Although the issuance of this Permit Contract and related acts are presumably exempt from the requirements of the California Environmental Quality Act (CEQA), DISCHARGER shall be responsible for all costs related to any compliance with that Act related to the issuance of the Permit Contract and DISTRICT's acceptance of treated leachate, and shall assume the defense of and indemnify and save harmless the DISTRICT and its officers, directors and employees for all claims, loss, damage, injury and liability of whatever kind, nature and description, including reasonable attorneys' fees related to such CEQA compliance. Page 28 of 30 17. SUBSTANTIAL VIOLATIONS: 17.1. A violation of the discharge parameters, including discharge rate limit, may result in the immediate termination of the DISCHARGER's permission to discharge, at the discretion of the DISTRICT. The termination of permission to discharge may be for a set period or for the entire remaining term of the Permit Contract, at the discretion of the DISTRICT. 17.2. The provisions in this Section relating to violations are in addition to, and not in lieu of those relating to significant noncompliance set forth in the DISTRICT Code. Additionally, the remedies set forth in this Section 17 are in addition to, and not exclusive of any remedies provided in Title 10 of the DISTRICT Code or any other Federal, State or local law or regulation. 18. TRANSFERABILITY: The rights provided under this Permit Contract to the DISCHARGER are non- transferable and non - assignable, unless a written authorization for the transfer or assignment is issued by the DISTRICT. 19. REMEDIES: In the event that either the DISTRICT or the DISCHARGER brings an action or proceedings for damages for an alleged breach of any provision of this Permit Contract, the prevailing party shall be entitled to recover as part of such action or proceedings all court costs and reasonable attorneys' fees. "Prevailing party" for the purposes of this Section 19 shall include, without limitation, the party who received from the other party sums allegedly due, performance of the covenants allegedly breached, consideration substantially equal to that which was demanded, or substantially the relief or consideration sought, whether or not any judicial proceeding is commenced or prosecuted to final judgment, or a party who dismisses a judicial action in return for substantially the performance or relief sought or in the payment of sums allegedly due. 20. SEVERABILITY: In the event a legal action is brought by a person or entity other than the parties to this Permit Contract, to challenge, invalidate, contest or set aside any of the provisions of this Permit Contract, each and every term and condition, and each and every section and paragraph is severable from the remaining terms, conditions, sections and paragraphs. Invalidation of any term, condition, section or paragraph as a result of a legal action brought by a person or entity not a party to this Permit Contract, shall not affect the validity or enforceability of the remaining provisions. Each of said remaining provisions shall remain in full force and effect. 21. CONTEST OF CONTRACT'S TERMS BY THE PARTIES: Page 29 of 30 In the event either party to this Permit Contract attempts to challenge the validity of any portion of this Permit Contract, such action in attempting to challenge the Permit Contract shall constitute a material breach of this Permit Contract and the non - breaching party shall have the right to elect to terminate forthwith without suit or other proceeding. This paragraph shall not be construed to prevent either party from seeking redress to the courts for purposes of legal review of DISTRICT procedures in regard to the setting of fees or for the purpose of enforcing the provisions contained in this Permit Contract. 22. TERMS OF THE PERMIT CONTRACT BARGAINED FOR: All terms, conditions and obligations contained in this Permit Contract have been bargained for and agreed upon by the parties in good faith. Further, the parties have entered into this Permit Contract on advice of counsel. This Permit Contract shall become binding only upon the signing hereafter of the authorized representatives of both parties. 23. ENFORCEMENT: In addition to the enforcement mechanisms and remedies set forth in this Permit Contract, DISCHARGER shall be subject to the enforcement mechanisms and remedies set forth in Title 10 of the DISTRICT Code and /or by State, Federal or local law or regulation for non - compliance with the terms and conditions of this Permit Contract. 24.AUTHORIZED SIGNATURES: Authorized Representative ACME FILL CORPORATION Date APPROVED AS TO FORM: General Manager CENTRAL CONTRA COSTA SANITARY DISTRICT Date Legal Counsel District Counsel ACME FILL CORPORATION CENTRAL CONTRA COSTA SANITARY DISTRICT Date Date Page 30 of 30 CENTRAL CONTRA COSTA SANITARY DISTRICT WASTEWATER DISCHARGE PERMIT CONTRACT WITH ACME FILL CORPORATION TABLE OF EXHIBITS EXHIBIT A COMPLIANCE SAMPLING AND ANALYSIS REQUIREMENTS - LEACHATE TREATMENT PLANT - EAST PARCEL MONITORING EXHIBIT B LTP SITE MAP WITH DESIGNATED SAMPLING LOCATIONS AND APPROVED DISCHARGE LOCATION EXHIBIT C PERIODIC COMPLIANCE REPORT EXHIBIT D LEACHATE TREATMENT PLANT PROCESS SCHEMATIC EXHIBIT E ENFORCEMENT RESPONSE CRITERIA FOR WHOLE EFFLUENT TOXICITY TESTING PROGRAM EXHIBIT F APPROVED WASTEWATER METHODS AND HOLDING TIMES FOR CCCSD REQUIRED PARAMETERS EXHIBIT G CCCSD LIST OF TOTAL TOXIC ORGANIC (TTO) POLLUTANTS EXHIBIT H DETERMINATION OF SIGNIFICANT NON COMPLAINCE EXHIBIT A LEACHATE TREATMENT PLANT COMPLIANCE SAMPLING AND ANALYSIS REQUIREMENTS ACME FILL CORPORATION LEACHATE TREATMENT PLANT (LTP) 950 WATERBIRD WAY, MARTINEZ, CA 94553 SAMPLING LOCATION: All Effluent samples shall be taken from the discharge pipe downstream of the LTP Clarifier. IRfluent samples shall be takeR dewnstFeam ef the LTP sump, but Upstream of all tFeatrnell processes (refer to Exhibit B). REPORTING FREQUENCY: Analytical reports for the above referenced samples shall be submitted to the District on or before the 25th of the month following the reporting period (refer to Section 6.4 of the Permit Contract). NOTES: 1. All Discharge Limitations are to be applied to the effluent sampling results only and are expressed in mg /L unless otherwise noted. 2. All samples consisting of at least four (4) grab samples taken during the entire sampling period. Each grab sample shall be appropriately preserved immediately after collection. Individually preserved grab samples may be composited prior to analysis. Samples taken for Volatile Organic Analysis (EPA Method 624), shall be composited by the contracted laboratory prior to analysis. 3_TTO is defined as the summation of the concentrations of specific toxic organic compounds found at a concentration greater than 0.01 mg /L. The CCCSD list of TTO pollutants (see- attadhedExhibit G) contains the specific toxic organic compounds that are to be included in the summation. All identifiable toxic organic compounds listed in Exhibit G found in the above referenced analysis shall be reported. Whole Effluent Toxicity sampling shall consist of chronic toxicity for Fed abaleRe unt4 the same species required for the District's Whole Effluent Toxicity, currently Americamysis bahia (Mysid Shrimp. If the species for the District's Whole Effluent Toxicity is changed the District shall notify the Discharger at least 14 days prior to Acme's next WET test sampling event.. at whiGh time the GhrE)n'G t9Xi - , - -.us shall be changed to the speGieS f the DistFiGt. If Discharger performs analysis to determine salt control the salt control results shall also be provided with the toxicity analysis. SaFnplillg shall also be GORduGted feF Whole Effluent TexiGity Of daily On heuse C:\ Users \dioiuser.CCCSD \Desktop \skinner \Exhibit A limits.doc SAMPLE SAMPLING DISCHARGE CONSTITUENT SAMPLE TYPE LOCATION FREQUENCY LIMITATION' COMMENTS Arsenic (As) Cadmium (Cd) 24 -hr. Composite 24 -hr. Composite Effluent Effluent Annually Annually 0.8 0.06 See Exhibit F for method See Exhibit F for method Chromium (Cr,T) 24 -hr. Composite Effluent Annually 0.20 See Exhibit F for method Copper (Cu) Lead (Pb) Mercury (Hg) 24 -hr. Composite 24 -hr. Composite 24 -hr. Composite Effluent Effluent Effluent Monthly Monthly Monthly 0.9 0.15 0.003 See Exhibit F for method See Exhibit F for method See Exhibit F for method Nickel (Ni) Silver (Ag) Zinc (Zn) Cyanide (CN) Oil & Grease (mineral) pH 24 -hr. Composite 24 -hr. Composite 24 -hr. Composite Composite Grabz Composite Grab Continuous (recorder Effluent Effluent Effluent Effluent Effluent Effluent Monthly Annually Monthly Monthly Annually Continuous 1.10 0.43 0.84 0.5 100 5.5 — 11.5 units See Exhibit F. for method See Exhibit F for method See Exhibit F for method See Exhibit F for method See Exhibit F for method Submit effluent charts with Total Toxic Organics (TTO)3 chart) Composite Z Effluent Quarterly 1.00 Quarterly PCR EPA Method 624 24 -hr. Composite Effluent Quarterly (part of above) EPA Method 625 24 -hr. Composite Effluent Quarterly (part of above) EPA Method 608 — including Whole Effluent Toxicity' TSS PCB congeners' Dioxin congeners`` Sulfides COD Ammonia 24 -hr. Composite 24 -hr. Composite 24 -hr. Composite 24 -hr. Composite Composite Grab 24 -hr. Composite Composite Grab Effluent Effluent Effluent Effluent Effluent Effluent Effluent Semi- Annu 16Annual' Weekly Semi - Annual Semi - Annual Annually Weekly Monthly PCB prohibition 100 TUs 100/250 Sample only Prohibition above ML 0.50 Sample only 15 PCB Arochlors EPA Method 600 R -95 -136 (August 1995) Monthly Average /Daily UwAlimit' EPA Method 1668C EPA Method 1613 See Exhibit F for method See Exhibit F for method SM 4500 NH3 B +4500 NH3 C N+trates Gernpesite 64 ab lefluent €#luer+t Meathl Sample GR[y Or SM 4500 NH3 F Nitrites Turbidity TDS Qenipeslte Gr 24 -hr. Composite 24 -hr. Composite €fflueRt Effluent Effluent Menthty Weekly Monthly Seams Sample only Sample only EPA 180.1 See Exhibit F for method SAMPLING LOCATION: All Effluent samples shall be taken from the discharge pipe downstream of the LTP Clarifier. IRfluent samples shall be takeR dewnstFeam ef the LTP sump, but Upstream of all tFeatrnell processes (refer to Exhibit B). REPORTING FREQUENCY: Analytical reports for the above referenced samples shall be submitted to the District on or before the 25th of the month following the reporting period (refer to Section 6.4 of the Permit Contract). NOTES: 1. All Discharge Limitations are to be applied to the effluent sampling results only and are expressed in mg /L unless otherwise noted. 2. All samples consisting of at least four (4) grab samples taken during the entire sampling period. Each grab sample shall be appropriately preserved immediately after collection. Individually preserved grab samples may be composited prior to analysis. Samples taken for Volatile Organic Analysis (EPA Method 624), shall be composited by the contracted laboratory prior to analysis. 3_TTO is defined as the summation of the concentrations of specific toxic organic compounds found at a concentration greater than 0.01 mg /L. The CCCSD list of TTO pollutants (see- attadhedExhibit G) contains the specific toxic organic compounds that are to be included in the summation. All identifiable toxic organic compounds listed in Exhibit G found in the above referenced analysis shall be reported. Whole Effluent Toxicity sampling shall consist of chronic toxicity for Fed abaleRe unt4 the same species required for the District's Whole Effluent Toxicity, currently Americamysis bahia (Mysid Shrimp. If the species for the District's Whole Effluent Toxicity is changed the District shall notify the Discharger at least 14 days prior to Acme's next WET test sampling event.. at whiGh time the GhrE)n'G t9Xi - , - -.us shall be changed to the speGieS f the DistFiGt. If Discharger performs analysis to determine salt control the salt control results shall also be provided with the toxicity analysis. SaFnplillg shall also be GORduGted feF Whole Effluent TexiGity Of daily On heuse C:\ Users \dioiuser.CCCSD \Desktop \skinner \Exhibit A limits.doc EXHIBIT A 5. Sampling for Whole Effluent Toxicity shall be conducted during one of the required compliance sampling events during the months of June through September for the dry season and during one of the required compliance sampling events during the months of January though March for the wet season. 6. Refer to Sections 6.6.1 of the Permit Contract regarding fees associated with exceeding the monthly average and the relevant compliance limits. 7. PCB congener sampling using method 1668 -C for contract term intended to continue collection of baseline data with planned removal of requirement at end of Permit Contract provided there are no significant changes to District NPDES PCB limits or there are no violations of the PCB discharge prohibition using EPA Method 608 measuring PCB Aroclors 8. Dioxin sampling for contract term intended to continue collection of baseline data with planned reduction of monitoring frequency at end of Permit Contract, provided there are no significant changes to District NPDES Dioxin limits or if any Dioxin local limit violations are documented. EAST PARCEL MONITORING REQUIREMENTS98 ACME FILL CORPORATION LEACHATE TREATMENT PLANT (LTP) 950 WATERBIRD WAY, MARTINEZ, CA 94553 SAMPLING LOCATION: East Parcel influent samples shall be taken upstream of the LTP sump and upstream of all other LTP influent sources (refer to Permit Contract Section 6.1 and Exhibit B). REPORTING FREQUENCY: Analytical reports for the above referenced samples shall be submitted to the District on or before the 25th of the month following the reporting period (refer to Section 6.4 of the Permit Contract). NOTES (see footnotes for Compliance Sampling and Analysis table where applicable): C:\ Users \digiuser.CCCSD \Desktop \skinner \Exhibit A limits.doc SAMPLE DISCHARGE CONSTITUENT SAMPLE TYPE LOCATION SAMPLING FREQUENC LIMITATION' COMMENTS Arsenic (As)L "" 24 -hr. Composite Influent Annually Sample only See Exhibit F for method Cadmium (Ccl)'" 24 -hr. Composite Influent Annually Sample only See Exhibit F for method See Exhibit F for method Chromium (Cr,T)'' 24 -hr. Composite Influent Annually Sample only See Exhibit F for method Copper (Cu)10 "4 24 -hr. Composite Influent Monthly Sample only Lead (Pb) -L "' 24 -hr. Composite Influent Monthly Sample only See Exhibit F for method Mercury ( H 9) -- " " 24 -hr. Composite Influent Monthly Sample only See Exhibit F for method Nickel (Ni)1 — "" 24 -hr. Composite Influent Monthly Sample only See Exhibit F for method Silver (Ag)100" 24 -hr. Composite Influent Annually Sample only See Exhibit F for method Zinc (Zn) "'"' 24 -hr. Composite Influent Monthly Sample only See Exhibit F for method Cyanide (CN)10-' Composite Grab` Influent Monthly Sample only See Exhibit F for method pH"" Grab Influent Weekly Sample only See Exhibit F for method Total Toxic Organics (TTO)3' Composite2 Influent Monthly Sample only EPA Method 624 1 u" 24 -hr. Composite Influent Monthly Sample only EPA Method 625 24 -hr. Composite Influent Monthly Sample only EPA Method 608 TSS" 24 -hr. Composite Influent Weekly Sample only See Exhibit F for method PCB congeners' 24 -hr. Composite Influent Within 60 days of initial Sample only EPA Method 1668C discharge Dioxin compounds 24 -hr. Composite Influent Within 60 days of initial Sample only EPA Method 1613 discharge Sulfides "" Composite Grab z Influent Monthly Sample only See Exhibit F for method COD 110 24 -hr. Composite Influent Weekly Sample only See Exhibit F for method Ammonia "t -'" Composite Grab Influent Monthly Sample only SM 4500 NH3 B +4500 NH3 C " Or SM 4500 NH3 F TDS' 24 -hr. Composite Influent Monthly Sample only I See Exhibit F for method SAMPLING LOCATION: East Parcel influent samples shall be taken upstream of the LTP sump and upstream of all other LTP influent sources (refer to Permit Contract Section 6.1 and Exhibit B). REPORTING FREQUENCY: Analytical reports for the above referenced samples shall be submitted to the District on or before the 25th of the month following the reporting period (refer to Section 6.4 of the Permit Contract). NOTES (see footnotes for Compliance Sampling and Analysis table where applicable): C:\ Users \digiuser.CCCSD \Desktop \skinner \Exhibit A limits.doc EXHIBIT A < East Parcel monitoring shall only occur when the additional flow authorized in Section 6.1 is discharging. These parameters shall be monitored for 3 consecutive months after initiation of the additional flow from the East Parcel. Continued monitoring for these parameters is not required after this initial 3 -month monitoring period unless the DISTRICT directs DISCHARGER in writing to conduct additional monitoring. 1 1, _These parameters shall be monitored at the specified frequency when the additional flow from the East Parcel is discharging. The pH sampling and analyses can be replaced by installing and maintaining a continuous pH meter for the East Parcel flow during the wet season months. C:\ Users \dioi user. CCCSD \Desktop \s kin ner \Exhibit A limits doc Parcel Leachate Containment Area Dewatered Sludge Storage Bin NORTH Caustic Containment Area Main Electrical Disconnect Containment Area Electrical Pull Box imbustibie Gas PLC Cabinet Safety Shower —� Safety Shower Detector Eye Wash T -7 Caustic Sump Potable Water m Pump Caustic Containment Sump Pump Leachate Tank P -6 te a Control Panel Blower #3 Blower #2 Blower #1 Caustic Pumps ME -3 ME -2 ME -1 is Is is RASMAS Pump #1 Influent Pump #1 Influent P -4 � Polymer Pump P -1 � f uent FI ow Meter RASMAS Pump #2 influent Pump #2 P -5 P -2 Caustic Injectors Influent Sampler , T -5 T -4 T_3 T -1 T -2 Influent Tank Water Storage Clarifier Aeration Tank 2 Aeration Tank 1 Tank , PAC Mi ing Tank Mixer , , , D.O. & pH Probes Effluent Fbw Meter Amrtwnfl[aAnAnalyzer J* p ------- 0 ----------- D ------ ... ......... Effluent TurbidWy Analyzer Efflu t Santp�r Designated Sampling Location' CCCSD Discharge Manhole —�► Acme Permit Contract - Exhibit B Leachate Treatment Plant Author: C f Date: September 2007 (Figure: 3 Revielon: N/A Drawing Not To Scale PERIODIC COMPLIANCE REPORT Central Contra Costa Sanitary District - Source Control Section 5019 Imhoff Place, Martinez CA 94553 -4392 (925) 229 -72880 EXHIBIT C Completion of this Periodic Compliance Report (PCR) is required by the Permit Contract between the Central Contra Costa Sanitary District and Acme Fill Corporation. Refer to the Section of the Permit Contract referenced below for specific reporting requirements. When completing this PCR, please address every section below, check the boxes that apply, and submit all information as required. Record only the information for the reporting period as specified in the Permit Contract. Failure to accurately complete this report may result in citation by the District. INDUSTRIAL USER INFORMATION: Facility Name: Acme Fill Corporation Leachate Treatment Plant Site Address: 950 Waterbird Way Martinez, California Person completing report: (Name, title, company, phone #) Reporting Period: A. COMPLIANCE SCHEDULE (SECTION 7.15) C All Compliance Schedule items have been completed as required and documentation has been submitted. Attached is a status report of Compliance Schedule items not completed as of the date of this PCR. ❑ There are no Compliance Schedule requirements in the Appendix of the permit due during this reporting period. B. CERTIFICATIONS, REGISTRATIONS, STATEMENTS, & LICENSES G There has been a change inA In ste certified LTP operators4s attached is an updated list as required (Section 6.150. ❑ A copy of the annual Certificate of Insurance is attached as required (Section 14.1). r , State, and/er 19c@l- ageRE+esis attaGhed as required (SeGtie,, 1 .,T OPERATION & MAINTENANCE LOG REQUIREMENTS The • •• O•. •• & Mainten@RGe Legs maintained OR site as required .• •. SGUFGe • • Amount Of eaGh L• • • Well and LeaGhate ExtraGtion The following Operation & Maintenance Logs are attached as required: ❑ A Copy of the Daily Flow Totalizer Log (Section 6.4.3). C:\ Users \digiuser.CCCSD \Desktop \skinner \Exhibit C PCR.doc RExhdb't GAGGWEN1.10 ?ov tics +lJl14� R ,. ...� E I1PvR.d� D. OTHER -.- Q. Manifests /receipts (Section 6.4.4 -6): E No process liquids, sludges, solids, or hazardous wastes were off - hauled or recycled during the reporting period. E Copies of the manifests / receipts for the off -haul of process liquids, sludges, solids, or hazardous wastes are attached as required. Slug Discharge Prevention and Contingency (SDPC) Plan (Section 7.11): E New/ revised SDPC Plan is attached as required. E New / revised SDPC Plan has been submitted to CCCSD as required. Operation and Maintenance (O &M) Manual (Section 7.7): E Changes have been made to the existing O &M Manual; copies of changes attached as required. E No changes have been made to the existing O &M Manual during this reporting period. E. COMPLIANCE SAMPLING AND MONITORING Compliance Sampling Information: The original analysis reports and chain of custody are attached. The report includes: laboratory name, address and telephone number; reporting limits; units; QA /QC data; and the date and time of all grab samples. Sampling was performed in compliance with the permit contract and the current edition of Standard Methods for the Examination of Water and Wastewater. E Sampling was not performed in compliance with the permit contract and /or the current edition of Standard Methods for the Examination of Water and Wastewater SaFnpliR IGGatiG S &-waste streams s si ampled, SampliRg tart date/ti Tetal'zer motor ro Sampling eRd date/ti mo: TotalozeF etrFeading: Monitoring Information: E Orig+r4-Copies of electronic pH recordingser repeFt Gharts- are attached as required (Section 6.4.1). C: \Users \digiuser.CCCSD \Desktop \skinner \Exhibit C PCR doc e GE)RtFG1 n,...,e\Gen+raGt\201 n Rene,. akDF-.t+,.nar ed , - -_ --_— 1�6t�ree- Contr91 ontFaGt\2n� °e^&waPF-ina!\PG# .de6 ❑ Copies of electronic8dg+aal flow recordings °r r°^.,rt GhaFts- are attached as required (Section 6.4.13). ❑ Calibration and maintenance activities are recorded on the flow /pH copies of electronic recordingsreGeFdeF rer,,,rt nhaFts as required (Sections 7.1 and 7.3). C:\ Users \digi user. 000SD \Desktoo \skinner \Exhibit C PCR.doc Compliance Status: All analytical results are within applicable local / federal limits: ❑ Yes ❑ No Effluent flow from the LTP was within specified discharge limits: ❑ Yes ❑ No E Analytical and /or monitoring results indicate violation(s) of applicable federal or local limits. A separate sheet is attached listing the violations, the reasons for the violations, and a description of corrective actions taken. E Payment of Noncompliance Fee attached. Amount: $ CERTIFICATION All required sampling reported herein was conducted in accordance with the methods specified in the Permit Contract for this facility. Samples were analyzed by a laboratory certified by the State of California for wastewater analysis by the methods reported unless specified otherwise in Exhibit A of the Permit Contract. All analytical results obtained during the reporting period by EPA - approved methods, including those not required in the Permit Contract, are included with this report. Treatment parameters and process flows for the reporting period were typical for this facility. Any changes (permanent or temporary) to the premises, processes, chemical usage, wastewater treatment, and /or operations that have the potential for changing the quality, volume, or location of the wastewater discharge or which may otherwise lead to deviation from the terms and conditions of the Permit Contract have been reported to the District. Any deviations from the above are explained on an attached sheet. I certify under penalty of perjury that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person(s) who manage the system, or those directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for knowingly submitting false information, including the possibility of fine and /or imprisonment for knowing violations. Signature Title & Company Date For Source Control use only Date Received: Reviewed by: Date Reviewed: C:\ Users\ digiuser .CCCSD1Desktop\skinner\Exhibit C PCR.doc Dewatered Sludc Storage Bin East Parcel Leachate Containment Area Phase Separator Bins: : T -8 ; East Parcel Tank East Parcel Pump NORTH From North Parcel Leachate Wells L;austic containment Area I Containment Area T -7 Caustic Sump Caustic Containment Sump Tank ) Influent Flow Meter ............................. ................................ RASNVAS Pumps ' T -5 T -4 T -3 rWaterSto Clarifier Aeration Tank 2 Aeration Tank 1 Effluent Flow Meter i Legend --] Liquid Stream i +wr.M .rr.rwr..r .. Solids Stream CCCSD Discharge Manhole --w. Influent Pumps T -1 Influent Tank Mixer Title: Process Schematic - Exhibit D Leachate Treatment Plant : CDC IDate: Novermber 2011 1Figure: Revision: N/A Drawing Not To .Q EXHIBIT E CENTRAL CONTRA COSTA SANITARY DISTRICT WASTEWATER DISCHARGE PERMIT CONTRACT WITH ACME FILL CORP. ENFORCEMENT RESPONSE CRITERIA FOR WHOLE EFFLUENT TOXICITY TESTING PROGRAM The discharge limitation for the Whole Effluent Toxicity parameter established in Exhibit A of the Permit Contract shall be subject to citation and enforcement ' testing with this new species indicates possible salt interferencewhen the < salt control analysis shall be conducted and the results along with the laboratory's QA/QC data shall be submitted to the District to determine if data is reliableiRd'Gate the data is Fel* io Data %liability shall exist wheR the saltGG,RtFe; analysis result is less thaR 55 tOXiGlty WRitS and the laboratory repeFts that fhe result as valid If the District determines the data was not reliable do to salt interference, this Exhibit may be modified to establish a threshold value to evaluate the reliability of future Whole Effluent Toxicity test results. When the Whole Effluent Toxicity test result is above the discharge limitation and the data is determined to not be reliable, Discharger shall resample and analyze for the specific toxicity test that exceeded the limit within three (3) days of the receipt of the invalid results. Effective date: November-January 1, 201 C:\ Users \digiuser.CCCSD \Desktop \skinner \Exhibit E WET.doc Exhibit F Approved Wastewater Methods and Holding Times for CCCSD Required Parameters Effective April 11, 2007, all laboratories had to switch from the EPA - approved wastewater methods to their new equivalents for analytical procedures. The District's table below is for demonstrating compliance with Local Discharge Limits, applicable federal Categorical Pretreatment Standards, and Source Control Ordinance. Constituent US EPA Approved Methods Holding Time 40 CFR 136 Preserved Antimony (Sb) ** SM 3111 B or C (flame AA); SM 3113 B (furnace 6 months AA); 200.7 ICP ; 200.8 ICP -MS ; 200.9 STGFAA Arsenic (As) ** 200.2 (hydride AA); SM 3113 B (furnace AA); 200.7 6 months ICP ; 200.8 ICP -MS ; 200.9 STGFAA Cadmium (Cd) ** SM 3111 B or C (flame AA); SM 3113 B (furnace 6 months AA); 200.7 ICP ; 200.8 ICP -MS ; 200.9 STGFAA Chromium (Cr) * *, Total SM 3111 B or C (flame AA); SM 3113 B (furnace 6 months AA); 200.7 ICP ; 200.8 ICP -MS ; 200.9 STGFAA Copper (Cu) ** SM 3111 B or C (flame AA); SM 3113 B (furnace 6 months AA); 200.7 ICP ; 200.8 ICP -MS ; 200.9 STGFAA Lead (Pb) ** SM 3111 B or C (flame AA); SM 3113 B (furnace 6 months AA); 200.7 ICP ; 200.8 ICP -MS ; 200.9 STGFAA Mercury (Hg) ** 245.1 or 245.2 (cold vapor AA); 245.7 (fluorescence) 28 days Nickel (Ni) ** SM 3111 B or C (flame AA); SM 3113 B (furnace 6 months AA); 200.7 ICP ; 200.8 ICP -MS ; 200.9 STGFAA Selenium (Se) ** 200.2 (hydride AA); SM 3113 B (furnace AA); 200.7 6 months ICP ; 200.8 ICP -MS ; 200.9 STGFAA Silver (Ag) ** SM 3111 B or C (flame AA); SM 3113 B (furnace 6 months AA); 200.7 ICP ; 200.8 ICP -MS ; 200.9 STGFAA Thallium (TI) ** 200.7 (ICP); 200.8 (ICP -MS); 200.9 (STGFAA) 6 months Zinc (Zn) ** SM 3111 B or C (flame AA); 289.2 (furnace AA); 6 months 200.7 ICP ; 200.8 ICP -MS Phenol * ** 420.1 or 420.4 revision 1 from 1993 (colorimetric) 28 days 624 (gas chromatography /mass spectrography) 14 days Total Toxic Organics (TTO) * * ** 625 (gas chromatography /mass spectrography) 7 days 608 as chromatography/mass spectrography) 7 days Oil & Grease mineral 1664 or SM 5520 B & F ravimetric 28 days Oil & Grease (animal /vegetable) 1664 or SM 5520 B & F (gravimetric) 28 days Biochemical Oxygen Demand * 405.1 or SM 5210 B (dissolved oxygen depletion) 48 hours CBOD Chemical Oxygen Demand COD 410.3 or SM 5220 C titrimetric 28 days Total Suspended Solids TSS SM 2540 D ravimetric non - filterable residue 7 days Total Dissolved Solids TDS SM 2540 C ravimetric filterable residue 7 days 335.4 revision 1 from 1993 or SM 4500 -CN E Cyanide * ** (colori- metric); SM 4500 -CN D (titrimetric) or F 14 days electrode H * * * ** SM 4500 -H+ B or 150.2 lass electrode meter 15 minutes Radioactivity 900 (proportional or scintillation counter 6 months Organophosphate Pesticides 614 (gas chromatography) 7 days Diazinon Sulfide SM 4500 -S2- E or F (titrimetric), D ( colorimetric) or G 7 days electrode Dioxin TCDD 1613 as chromatography/mass spectrography) 1 year Total Petroleum Hydrocarbons TPH None specified 8015 - gas chromatography) 14 days BTEX (including MTBE) 624 (gas chromatography /mass spectometry) 14 days - Notes on Reverse. 11/25/14 Notes: 'In addition to the methods listed, Standard Methods (SM) found in 40 CFR part 136 tables 1a through 1h can also be used. *Biochemical oxygen demand must be analyzed as CBOD5 or 5 -day Carbonaceous Biochemical Oxygen Demand * *Initial digestion required ** *Initial distillation required (e.g., SM 4500 -CN C for cyanide) * * * *TTO includes the EPA list of organic priority pollutants itemized under EPA methods 624, 625, and 608 on a separate table. Check permit to see which methods apply. * * ** *EPA Method 150.2 is for continuous pH monitoring systems. Alternate methods may be substituted if approved by EPA specifically for wastewater. For metals, EPA 200.8 is now approved (ICP -MS). So is 200.9 (STGFAA) and a cold vapor atomic fluorescence method for mercury (245.7). For cyanide, EPA 335.3 is now replaced by 335.4 with a footnote on removing sulfide interference. Standard Methods 4500 -CN -F is now approved (ion selective electrode). For organics, method 625 can no longer be used for the three dichlorobenzenes, but laboratories can continue to analyze them with methods 624 and 602. For oil and grease, all the Freon methods (i.e. everything except EPA 1664 and Standard Methods 5520 B) have been withdrawn. The big change in preservation is that the new regulations stress that preservation is supposed to take place within 15 minutes of either the grab sample, if analyzed individually or the last sample in a composite sample compositing automatically or the compositing process, if composited manually after collected. The methods now allow samples to be preserved up to 6 degrees C, instead of just 4 degrees C. The regulations also recommend the addition of thiosulfate, ascorbic acid or other reducing agent for cyanide to remove interferences. But the sample preservation shouldn't add too much of those chemicals or they will create their own interference. EXHIBIT G CCCSD LIST OF TOTAL TOXIC ORGANIC (TTO) POLLUTANTS SUBJECT TO TTO DISCHARGE LIMIT AUTHORIZED IN THE PERMIT CONTRACT FOR THE ACME FILL CORPORATION LEACHATE TREATMENT PLANT The District's Local Discharge Limits include a parameter called Total Toxic Organics (TTO) with a limit for ACME Fill Corporation set at 1.0 mg /L in the Permit Contract authorizing discharges from the Acme Landfill Leachate Treatment Plant. The EPA has created a list of priority organic pollutants which cumulatively make up the District's TTO parameter. The analysis methods set forth in 40 CFR Part 136, Methods 624, 625, and 608, provide data on the TTO constituents. The constituents (except PCB Aroclors) with concentrations greater than 0.01 mg /L must be added together to determine compliance with the District's Local Discharge Limit for TTO. PCBs measured under EPA Method 608 are subject to a discharge prohibition. Following is a list of the constituents of TTO: METHOD 624 Acrolein Acrylonitrile [2- propenenitrile] Benzene Bromoform [tribromomethane] Carbon tetrachloride [tetrachloromethane] Chlorobenzene Chlorodibromomethane Chloroethane 2- Chloroethyl vinyl ether (mixed) Chloroform [trichloromethane] 1,2- Dichlorobenzene 1,3- Dichlorobenzene 1,4- Dichlorobenzene Dichlorobromomethane 1,1- Dichloroethane 1,2- Dichloroethane 1,1- Dichloroethylene 1,2- Dichloropropane 1,3- Dichloropropylene [1,3- dichloropropene] 1,2- trans - Dichloroethylene [1,2- trans- dichloroethene] Ethylbenzene Methyl bromide [bromomethane] Methyl chloride [chloromethane] Methylene chloride [dichloromethane] Styrene 1,1,2,2- Tetrachloroethane Tetrachloroethylene [perchloroethylene, tetrachloroethene] Toluene 1, 1, 1 -Trichloroethane 1,1,2- Trichloroethane Trichloroethylene [ Trichloroethene] Vinyl chloride [Chloroethylene] METHOD 625 Acenaphthene Acenaphthylene Anthracene 1,2- Benzanthracene [benzo(a)anthracene] Benzidine 3,4- Benzofluoranthene [benzo(b)fluoranthene] 11,12- Benzofluoranthene [benzo(k)fluoranthene] 1, 1 2-Benzoperylene, (benzo(g,h,i)perylene] 3,4- Benzopyrene [benzo(a)pyrene] bis(2- Chloroethoxy) methane bis(2- Chloroethyl) ether bis(2- Chloroisopropyl) ether bis(2- Ethylhexyl) phthalate 4- Bromophenyl phenyl ether Butyl benzyl phthalate 4- Chloro -3- methylphenol [para - chloro- meta - cresol] 2- Chloronaphthalene 2- Chlorophenol 4- Chlorophenyl phenyl ether Chrysene 1,2,5,6- Dibenzanthracene [dibenzo(a,h)anthracene] 3,3'- Dichlorobenzidine 2,4- Dichlorophenol Diethyl phthalate 2,4- Dimethylphenol Dimethyl phthalate Di -n -butyl phthalate 4,6- Dinitro - ortho- cresol [4,6- d initro -2- methyl phenol] 2,4- Dinitrophenol 2,4- Dinitrotoluene 2,6- Dinitrotoluene Di -n -octyl phthalate 1,2- Diphenylhydrazine Fluoranthene Fluorene Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclopentadiene Hexachloroethane Indeno(1,2,3- c,d)pyrene [2,3- o- phenylene pyrene] Isophorone Naphthalene Nitrobenzene 2- Nitrophenol 4- Nitrophenol N- Nitrosodimethylamine N- Nitroso -di -n- propylamine N- Nitrosodiphenylamine Pentachlorophenol Phenanthrene Pyrene 1,2,4- Trichlorobenzene 2,4,6- Trichloro phenol METHOD 608 Aldrin Alpha -BHC Alpha - endosulfan Beta -BHC Beta - endosulfan Chlordane (technical mixture and metabolites) 4,4' -DDD [p,p' -TDE] 4,4' -DDT [p,p' -DDT] Delta -BHC Endosulfan sulfate Endrin Endrin aldehyde Gamma -BHC [lindane] Heptachlor Heptachlor epoxide Toxaphene PCBs Aroclor 1016 Aroclor 1221 Aroclor 1232 Aroclor 1242 Aroclor 1248 Aroclor 1254 Aroclor 1260 EXHIBIT H CENTRAL CONTRA COSTA SANITARY DISTRICT Determination of Significant Noncompliance (SNC) and Annual Publication of Businesses in SNC Pursuant to the federal regulations contained in 40 CFR 403.8(f)(2)(vii), the District is required to annually publish the names of any and all industrial users of the District's public sewer system that are considered to be in significant noncompliance (SNC) with applicable pretreatment standards or other pretreatment requirements. An industrial user is in SNC if its violation meets one or more of the following criteria: A. Chronic violations of wastewater discharge limits, defined here as those in which sixty -six percent or more of all the measurements taken during a six -month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; B. Technical Review Criteria (TRC) violations, defined here as those in which thirty - three percent or more of all the measurements for each pollutant parameter taken during a six -month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and grease, and 1.2 for all other pollutants except pH); C. Any other violation of a pretreatment effluent limit (daily maximum or longer term average) that the Control Authority determines has caused alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); D. Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the POTW's exercise of its emergency authority under Paragraph (f)(1)(vi)(B) of this section to halt or prevent such a discharge; E. Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order for starting construction, completing construction or attaining final compliance; F. Failure to provide, within 45 days after the due date, required reports such as baseline monitoring reports, 90 -day compliance reports, periodic self- monitoring reports, and reports on compliance with compliance schedules; G. Failure to accurately report non - compliance; H. Any other violation or group of violations that the Control Authority determines will adversely affect the operation or implementation of the local pretreatment program. Industrial Users (non - residential users) found to be in SNC are required to be published at least annually in the newspaper with the largest circulation for the service area of the agency. For the District, the newspaper where the SNC list is published is the Contra Costa Times. C:\ Users \digi user. CCCSD \Desktop \skinner \Exh!bit H_SNC.doc