22
~ . VERMONT Vermont Deparbnent of Environmental Conservation Watershed Management Division 1 National Life Drive, Main-2 Montpelier VT 05620 -3522 Agency of Natural Reso urces [phone] 802-490-6181 [fax] 802-828-1544 November 5. 2015 Luca Mannolini Vermont Quarries Corporation 1 59 1 US Rou te 4 Mendon, VT 0570 I R E: Draft Discharge Permit No. 3-1474: Cavendish Quarry Dear Mr. Mannolini , The Department is proposing lo i ss ue th e above referenced permit for th e di sc harge of treated process wastewater and dewatcring waler from your '·Cavendish Quarry•· to an unnam ed tributary of the Black River. A draft of this perm it is enclosed for your review and comment. Pl ease review the draft permit carefully. The permit is based on the requirements of the Vermont Water Quality Standards and the ertluent limitations and samp lin g requiremen ts arc unchanged from th e permit whi ch cu rrently auth orizes thi s discharge. Please make special note of Condition l.A.3 which requires samp lin g of your discharge for metals, perchlorate, and nutrients to provide ongoing confi rmat ion that these pollutant s are not present in your discharge in co ncentrations of concern. To expedite issuance of t hi s permit, we are placing a draft on public no ti ce fo r comment at thi s tim e. The noti ce period will run from November 9, 2015 through December 9, 20 15. After any comments received during the notice period have been addressed , the permit will be sent to the Secretary of the Agency of Natural Resources or her designated represe nt ative for final approval and signa tur e. If you have any questions regarding the clraf1 permit, please contact Randy Bean at 802 490-6 181. Si"ly, /7 rr{ u/ /Is~ \ /; / Erneff. Ke ll ey, Manager Wastewater Management Progr am Attachments Cc. Jim Purdy, GeoMapping Associates 'lb J)l"CSCl"ue, e11lw11 cc, restore, and c onser ue Ve rmont's 1wt11ra/ ,- esources, and protect /111 111w1 lwultlt,for the bcm'fit of this C111df11n1rc gencrC1tiu11 s.

Vermont Quarries Corporation,VT000931, Draft Permit€¦ · Vermont Quarries Corporation 1591 US Route . 4 . Mendon, VT 0570 I . RE: Draft Discharge Permit No. 3-1474: Cavendish Quarry

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  • ~ .VERMONT

    Vermont Deparbnent ofEnvironmental Conservation Watershed Management Division 1 National Life Drive, Main-2 Montpelier VT 05620-3522

    Agency ofNatural Resources

    [phone] 802-490-6181 [fax] 802-828-1544

    November 5. 2015

    Luca Mannolini Vermont Quarries Corporation 1591 US Route 4 Mendon, VT 0570 I

    RE: Draft Discharge Permit No. 3-1474: Cavendish Quarry

    Dear Mr. Mannolini ,

    The Department is proposing lo issue the above referenced permit for the discharge of treated process wastewater and dewatcring waler from your '·Cavendish Quarry•· to an unnamed tributary of the Black River.

    A draft of this permit is enclosed for your review and comment. Please review the draft permit carefully. The permit is based on the requirements of the Vermont Water Quality Standards and the ertluent limitations and sampling requirements arc unchanged from the permit which currently authorizes this discharge.

    Please make special note of Condition l.A.3 which requires sampling of your discharge for metals, perchlorate, and nutrients to provide ongoing confi rmation that these pollutants are not present in your discharge in concentrations of concern.

    To expedite issuance of this permit, we are placing a draft on public notice for comment at this time. The notice period will run from November 9, 2015 through December 9, 20 15.

    After any comments received during the notice period have been addressed, the permit will be sent to the Secretary of the Agency ofNatural Resources or her designated representative for final approval and signature.

    If you have any questions regarding the clraf1 permit, please contact Randy Bean at 802 490-6 181.

    Si"ly, /7

    rr{u/ /Is~ ~ \ /;/ Erneff. Kelley, Manager Wastewater Management Program

    Attachments Cc. Jim Purdy, GeoMapping Associates

    'lb J)l"CSCl"ue, e11lw11cc, restore, and conserue Vermont's 1wt11ra/ ,-esources, and protect /111111w1 lwultlt,for the bcm'fit ofthis C111df11n1rc gencrC1tiu11s.

  • AGENCY OF NATURAL RESOURCES

    DEPARTMENT OF ENVIRONMENTAL CONSERVATION

    WATERSHED MANAGEMENT DIVISION

    ONE NATIONAL LIFE DRIVE, MAIN BUILDING, 2nd FLOOR

    MONTPELIER VT 05620-3522

    PcrmitNo.: 3-1474 PIN: NS00-0243

    NPDES No.: VT000093l

    DISCHARGE PERMIT ~ ....,,

    In compliance with the provisions of the Vermont Water Pollutio2,4:-, i )Rl Act, as amended, (10 V.S.A. chapter 47), the Vermont Water Pollution Control Penjfegti1«t!:~ .as amended, and the federal Clean Water Act, as amended (33 U.S.C. § 12511 '>$J ), ~i,,. ~-1~.

    y ...:w:.:;:. ~: Vermont Quarries O ·j~ orati; ~ ~:$:..

    1591 USJ~4 '\.., '-&'Mendon, V1 o~if~ ..#¾.,,. ,.

    (hereinafter refeJTed to as the "Pem1ittee"l is authorized , by 't ·· cretary, Agency of Natural Resources, to discharge from a facility 106:~ ~~ t:

    \,e,~···:·;,;:,~~ ~ ~~·;:·i.,. ,ad=

    ..,h'X!I:'").._,. Cavenciish, e ..,··0,n ....,,,.

    • " .r,"· ·w.- f'

    . . . ~ k River, c1\ -~t the:~o; dis~harge in accordance with effluent hm 1tat1ons, n~. ·.. ormg ref~ements, anc1 ~1 1er cond1tions set forth in Parts I, II, IJI hereof.

    This pe1111it sha ll bee:~~:'. tive, 1(~~te of signinl i;f ·~ .~Y"'-%t~-~ .ly

    T his perm~ ."Jizati ~ harg;; .mii expi re on September 30, 2020. ..,~ ¼~~ . :~~·-.-:·:·~~

    Aly/s!I uren, Commiff&er 'jP Departme -lj~nvironmentalr~nservhtion

    '~·,=. )':t:/,7.

    '

    By Ernest F. Kell~ nager Wastewater Management Program Watershed Management Division

    Date:

  • Permit No.: 3-1474 Page2

    I. SPECIAL CONDITIONS

    A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

    1. From the date of signing through September 30, 2020, the Permittee is authorized to discharge from outfall serial number S/ N 001 : treated processing and mine dewalering water. Such discharges shall be limited and m onitored by the Perrnittee as specified below:

    Monthly Sample Effluent Characteristic Average Type

    1Flow Dail~¾ Estimate < > •.-. h

    Turbidity (annual l Grab

    avera e) t

    To tal Suspended Sol ids Grab

    pH Grab

    (2)

    2.

    a. The discharge shall be sampled twice per month during spring dewalering and once per month wh ile quarrying operations are in progress.

    b. Al the end of qual1'ying season the pem1illee shall include a statement with the final monitoring report ind icating the operating season's encl date. The permittee is not requ ired to sample o r submit monthly monitoring reports during inacti ve times.

  • Permit No. : 3-1474 Page 3

    c. The permittee shall notify the Department, in writing, prior lo commencing seasonal quarry operations.

    cl. The permittee shall maximize water recycl ing/reuse, to lJ1e extent feas ible, to reduce the volume of water discharged.

    C. The permitte shall ensure that the pump intake is sufficiently above the top layer of any sett led materi al in the sump to prevent the pumping of sett Ieel solids to the sett ling pond. &t.·

    g#.i&. f. The perrnittee shall maintain the sump and setji~·g p01~ as necessary to

    maintain compl~ance with effl. uent limitati~~

    ll

    ... ~ :gped 0Condition I.A.I above. Any ma111ten~nce conducte~ on ersum~iig,.~~!tlmg pond shall be noted on the appropriate WR-43 D1sc~!j{1-o111toll(q;j}eport.

    g. Any material removed from the ufop or detention po~ y tb~ permittcc shall be disposed of in accord. ~ wi th aptljcablc state and fed~.a] regulations. /"'' · '" JJ~, ";·~,···

    J",(••..,.... •,-~""-· ..·'!¥P""~ ~·;~ v-

    h. The permittee shall inspect the area do~gadient of the outfall regularly for signs orerosion. l'~e·pe.!-mittee sha ll ta!

  • Permit No.: 3-1474 Page 4

    Based upon the results of these analyses or any other analyses conducted on thi s discharge, thi s permit may be amended to require additional analyses or to establish specific e ffluent limitations.

    B. REAPPLICATION

    Tf the pennittee desires to continue to di scharge after the expiration date of this permit, he shall apply on the application forms then in use at least 180 days before the permit expires.

    Reapply for a Discharge Permit by March 31, 2020.

    C. OPERA TING FEES

  • Permit No.: 3-1474 Page 5

    One N ational Life Drive, Main Bui lding, 2nd Floor Montpelier VT 05620-3522

    All reports shall be signed:

    a. In the case of corporations, by a principal executive officer of at least the level of vice president, or his/her duly authorized representative, if such representative is responsi blc fo r the overal I operation of the fac ility from which the di scharge descri bed in the permit form 09..g inates and the authorization is made in writing and submitted to (11 ,!;!ecretary;

    ;•' ~~

    b. l n the case of a partnership, by a general par oe· · r "'

  • Permit No.: 3-1 474 Page6

    PART II

    A. MANAGEMENT REQUJREMENTS

    1. Facility Modification / Change in Discharge:

    All discharges authori zed herein shall be consistent with the terms and conditions of this permit. The d ischarge of any pollutant more frequently than, or at a level in

    excess of, that iden.ti.fi ed and ~ut.horiz.cd by this pe.. rmi~~ ha.~~.;onstitu~e a vi~latio1~ ~f the ~er:ms and co1~d1.llons of th~s permit. Such a v10lat101 ..... Mi ~sult 111 the 1mpos1t1on of c1v1I and/or cnmmal penalties pursuant to 10 V .S~:.,,.;cliapters 47,201, and/or 211. A~1y antici~ated faci.Iity alterati?ns or expa~sioni~f;PrMf;i.s modifications which v,,'JII result 111 .new, drfferent, or mcreased d1schar :es of atcy'.i£1..11utants must be repo1ied by submission of a new pennit applj.c.r 1 ,ij or, if sU~~cJrnnges will not violate the e ffluent limitations specified in this:.p~,pi1 it, by noti~ to the Secretary of such changes. Following such notice, tw;!(;'ermit may be modir.l ~ b specify and li mit any pollutants not previously li•~isJ. ,.. ~:!: 'l'f!'

    ~ ~!?.,,, ~,(,,, . ~. 'v~ r,.

    2. Noncompliance Notification '·\'ih

    The Permittee shall g ive a8t9J1:9~e notice to the S~((l~~ry of any planned changes in the faci li ty o r activity whicl~ 1JiY -~ ult in noncomi 'ia:nce " ith permit requirements.

    ~ ~s~::..·~t-·In the event the permittee is u le t~ .);(' 1ithan Jof the conditions of this

    Permit due, among other reasons~ o: A~ ~ -1;.,;; 8.~ .4 ?w

    a. pf$.akdown qr.1paintenance t ~waste treatment equipment (bio logica l and A~5 ·cal-cheWi\bat systems in

    co ·on PQ4ij.t or tanks fo r tf segregation of treated or untreated wastes, , , ion ex ·IJ,'' Ae~col ~j;)l~·.... . on absorption units),

    ,.;,,.~~~... -~. /',, ~:•.;:?;.•

    ~~~.:~~ ·:·:;:?:,- y

    b. ·:fi~ljs_nts clti§:t;~Iby human e1Tor o r negligence, or '\W~ v.,:?~ •

    .J.w.. c. any } i;.··::=?;:,icipat;~;,ass or upset which exceeds any effluent limitation in ~··":.v. • · l Q ···~:....... the per n·

    ·~violati.,f a maximum day discharge limitation for any of the pollutants .. ~ s tcd::oy the Secretary in this permit; or

    ~j' . e. other causes such as acts of nature,

    the Pem1ittee shall notify the Secretary within 24 hours of becoming aware of such condition or by the next business day and shall provide the Secretary with the following information, in writing, within five days:

    1. cause of non-compliance

    http:ut.horiz.cd

  • ~~rrence of the

    ff_· '(.,_ v'(?{M

    (.··4~ .

    Pem1it No.: 3-1474 Page 7

    11. a description of the non-complying discharge including its impact upon the receiving water;

    111. anticipated time the condition o r non-compliance is expected to continue or, if such condition has been corrected, the duration of the period of non-compliance;

    IV. steps taken by the Pcrmittee to reduce and eliminate the noncomplyi ng d ischarge; and

    V. steps to be taken by the Permittee top·

    condition of non-compliance.

    3. Operution and Maintenance

    All waste collection, control, treatment,£' ;,~:;';;,~, facilities';~operated in a manner consistent with the following/4¥:·- ··'l-. .;;~/

    a. The Permittee shall, at all ti: 1es, m : . ." fd~&d work ing orfe':. and operate as effic iently as possible all treatme11f'~icl:control facilities and systems (and re lated appurtenan~iEstalled or uselHJ,~ Permittee to achieve compliance with theWt,~d conditions o~¼i.s P.et:mit. Proper operation (~ "·=.. ~i~wand ~11aintenance also iifhi · · .. uatc _la_borat'f~ controls and ~ppro~riate quality assurance procelzy,res. · · · !®Q¥J_~1on rfquires the operation of backup or au iliary facilities ~t.si ar sy~tem"'J~-11'1ich are installed by the Peu:liif~~ ~y when the o~P ation is ne~essary to achieve compliance with

    ) l((conditicf~if th is permit:~}:

    b. ~~i ·_: _nit~. & ;l.Jlfrovidc ~gquat~ operating staff w!1i.chis ch_1 ly .·. qut~ c,1tryfff§-4&~.rat1on, mamtenance, and testmg functions ~~9

    ./~~,d}??~ired ' . ure compliance with the conditions of this permit.

    ~::-J '•;:.• Y.r.•!"' h ',•:~,

    Quahty CoW i:ol '!Ji

  • Permit No.: 3-1474 Page 8

    pursuant to 10 V.S.A. § 1268. It shall not be a defense fo r the Permittee in an enforcement action that it would have been necessary to halt or reduce the acti vity in order to maintain compliance with the conditions of thi s permit.

    6. Duty to Mitigate

    The Permjttee shall take all reasonable steps to minimize or prevent any adverse impact to waters of the State resulting from non-compliance with any condition specified in this permit, including accelerated or additional [110nitoring as necessary to determine the nature and impact of the n on-complyin i'So~rge.

    7. Records Retention · .. ~ ' ~:::::');,.~ All records and information resulting from tl).~...n;t\ itorin~Y~\'it!es required by this permit including all records of analyses pe~formei'\ 11 calibratibmand maintenance of instrumentation records and a ll orig~j!Vchart recordings fo r c~tftih~_ous m?nitoring instrumentation, copies ~~·e. ports ~"eiu. ire~ by this pe"~ · ~ ti records ot all data used to complete the app11c~f'Kr thi~rm1t shall beret .. ,ed for a minimum of three years, and shall be subm't(¥4ftheS,ecretary upo request. T his p~riod shall be ex tended during the course of'~rc;solved litigation regarding the

    d1Scharge of pollutants or ~;;uestcd by thl!,,o etai. ·y.

    ~·:«.····~~ ~·,;~8. Solids Management t, ·~·~:. \. ~r·

    {..i:~ ~'C>,._-WY,,,,i,~ ~·z ~· ··~

    Collected scre~n.ii1.gs, s ludges, a\~ .~ ~er sol fl sf~~ed .in the cour.se of treatment and conlro~ w· t~waters shall ~;>stored, trea~ and disposed of m accordance ~ith .1 ~(~A. cha~f~)i 159 and wi~~jhe tern~s a~d condition~ of any certification, mteqrtH:i';(fJJJal, tran~;\,9 onal opcrat1ofif;1:1uJbonzallon or order issued pursuant to I0 V.S.A. chdP$}:159 !;~~js )_n effe7t on'rffie effective date of thi s permit or is issued during the t~ -~ , ni's~i{~t~ ;,; ...~$::_.,;. ,p -~r:Jjf :,'.,.:r. ~ ·:,,,>1,~ . •

    ~ · ·~··'"'1'o ,. 9, " ,... Emergf~~ ollufio~ crmits

    ,A,,. •Maintenance~ vities ~ rgencics resulting from equi pment fa ilure or .,,:~~1.alfunct.1011, 1Jiif6llidmg power .outages, which result man e ffluent which exceeds the

    "~ent limitat( s specified herein, shall be considered a violation of the conditions of4}!~ermit, . ttl.ess the P~rmittee immedi~t~ly applies for, and obtains, an emerg~)_'~9lh1tion permit under the prov1s1ons of 10 V.S.A., § 1268. The Permitt~sn'all notify the Secretary of the emergency situation by the next working day. )

    10 V .S.A. § 1268 reads as folJows:

    "When a discharge permit holder finds that pollution abatement facilities require repairs, replacement or other corrective action in order fo r them to continue to meet standards specilied in the permit, he may apply in the manner specified by the secretary for an emergency pollution permit for a term sufficient to effect repairs, replacements o r other co1Tecti vc action. The permit may be issued without prior

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  • Permit No.: 3-1474 Page 9

    public notice if the nature of the emergency will not provide sufficient time to give notice; provided that the secretary shall give public noti ce as soon as possible but in any event no later than five clays after the effective elate of the emergency pollution permit. No emergency pollution permi t shall be issued un less the applicant certiues and the secretary fmds that:

    (1 ) there is no present, reasonable alternative means of disposing of the waste other than by d ischarging it into the waters of the state during the limited period of time of the emergency;

    :is:~;¾.(2) ~&.

    the denial of an emergency pollution perm'.:&'1·•. vorKan extreme hardship

    upon the applicant; q' (3) the granting of an emergency pollutioq._peq~1it will l°iJt in some public

    bene fit ; ~ - °'>~::,,.. ·, · .

    (4) the di scharge wil l not be unr ~~tbly hai'i1,M~I to the quatift~?,e~recciving waters; ~,:::.. ,,~~~ )~~··~:,...... :-,: , ....,,.. .~-.,.=-~.. ~- '<

    {i

    (5) the cause o r reason for the emergcncy i9J~Q.Jdue to willful or intended acts or omissions of the appjjf 5!n~:,... ~,•.

    . . ~ ~--, ~~-:#Appltcalion shall be made tofisee :e :Y ofNatural~~~ ources, Department of Environmental Conservation, C>~ e Nati ~ L~Jvef'Main Building, 2nd Floor,

    Montpelier V'SiJ!20-3522. ~r· ·« ·y..'f JO. Power · urc i~" '

    ··· ·· ·i ' r~ ~?,~ In or~er t~ ainj~~Y-~nce withlte rnuent limitations and prohibitions of this j~iut, the Pe ·1Jt.~~ra[J%~,1th, ::

    ~·.•, ···: ;::,:Zi;;.,, .• ·-:~~- .1:-.:.::, ~ "".;.;;;:~~ •:::~:.;-;.

    ~'I',.,~~ . •.. «h . .f~ a. "Pn;,y,1,cje an ,1f~r.qat1 ve power source sufficient to operate the wastewater

    . :::~ co \ oJ 'fsuch alternati ve power source is not in ex istence,1f{Ot{aciliti~~.,~~- -i:-)j -~¥;:,

    ~ ~i' .~ "~p. Halt, ~ e, or otherwise contro l production and/or all di scharges upon the '~ reductiqp;· Joss, or failure of the primary source of power to the wastewater

    33 ~ control ffJcilities. ~ .,!'Jj''

    ' d< B. RESPONSI8. IES

    1. Right of Entry

    The Permittee shall allow the Secretary or authorized representative, upon the presentation of proper credentials:

    a. to enter upon the Permittee' s premises where a regulated facility or acti vity is located or conducted, o r where records must be kept under the conditions of this permit ;

  • Permit No.: 3-1 474 Page 10

    b. to have access to and copy, at reasonable times, any records required to be kept under the terms and conditions of this permit;

    C. to inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or requi red under this permit; and

    cl. to sample or monitor at reasonable times, for the p,-·poscs of assuring permit compliance or as otherwise authorized by the Cl~

  • Permit No.: 3-1474 Page 1I

    3. Confidentiality

    Pursuant to 10 V.S.A. § 1259(b):

    "Any records, reports or information obtained under this pennit program shall be avai lable to the public fo r inspection and copyi ng. However, upon a showing satisfactory to the secretary that any records, reports or in fo rmation or part thereof: other than effluent data, would, if made public, divulge m~ ~ods or processes entitled to protection as trade secrets, the secretary shall treat and$1='6't~ct those records, reports or. info1.·mation as. confid.ential. Any reco'.ds.:l~g5rts o~ ~fo1111~tion accorded confidential treatment w1 II be disclosed to authonz~ 1:wi·.esentat1ves of the state and the United States when relevant to any proceecli11/fund; ~1hi.s chapter."

    Y. l '"'-?~~ C lai ms fo r confidentiality for Lhe fo llowino-:~ CH.;~1tion wi;Ife:( enied:

    ..-.~ .,.• a. The name and add ress of anx. i~11it applicant or pennitte;;· :.=~*-«

    '1tP.11b~ ~~ b. Permit applicatio~s..

    ~~

    permits, .and.·; .,~'.lt~ ilnd . .,,· .

    c. In fo rmation requ1r¼I:?t >apphcat1on fo rn\ 491udmg rnfo rmalton submitted on the fo rms themsel~e!~1d.~.ny attachmenij sit~o supply inforn,ation required by the forms \ -t.~?.- ~}. ·

    ,~ . •.z • ) .'7 ~~ ·;t!,r.

    4. Permit Modification, Suspeusfttn, a Revt ··~ ,··· -~ p After not.f~nd OJ :r-tunity for a li~ ring, this permit may be modified, suspended, or revok'e6i9.whole\~in part durin~ ~~, ·m fo r cause including the following:

    i~:. . "r. ff' ....:-bi;: v~.olatfo~r··a, .-,~~. 9 h ions of this permit;

    ,,. b. '., ing ' nnit by misrepresentation or failure to disclose fully allA«-. rel · facts; 0'-1-jl' \1, .r ,..

    ,..: c~ a chan~~ ~/1an~ c?nd!tion that requi1:es eill~er a temporary or permanent -~!h2 reductro.J)},.or ehmmat1on of the pem11tted d ischarge. ~ir l)l

    The fl~ g of,fequest by the Permittee for a permit modi fication, revocation and reissua r termination, or a notification of planned changes or anticipated noncom iance shall not stay any permit condition.

    The Permittee shall provide to the Secretary, wi thin a reasonable time, any information which the Secretary may request to determine whether cause ex ists for modifying, revoking and reissuing, or tern,inating this permit or to determine compliance ,vith this permit. The Permittee sha ll also fu rni sh to the Secretary upon request, copies of records required to be kept by this permit.

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  • Permit No.: 3-1474 Page 12

    5. Toxic Effluent Standards

    If a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under section 307(a) of the Clean Water Act for a toxic pollutant which is present in the Permittee' s discharge and such standard or prohibition is more stringent than any limitation upon such pollutant in this permit, then this permit shall be modifi ed or revoked and reissued in accordance with the toxic effluent standard or prohibition and the Permittee so notified

    ..l::::-::-..

    6. Oil and Hazardous Substance Liability ~·' ,:.,.····.:-,¾ ~, :~-:).

    Nothing in this pemlit shall be construed to prext. .' e th n.\!(tution of legal action or relieve the Permittee from any responsibili ties.. l1a~li ties, o·j·, :>e~?lties to which the Permittee is or may be subject under 10 V . . ~ ~. 128 1. ~~...

    -~=h 7. Civil and Criminal Liability '\.... ·\. ·-.~

    , ,,, ~ -.;:..;~ )..;6:~ ,9- ~=~ :,· Except as provided in, " Bypass" (Section Tl~ ~ 'Po~ er Failure" (Section ILA. I0.), and "Emergency Po ll ution Permits~~~,t ion II.A.9.), nothing in this permi t shall be construed ~J;gve the Penn itteoJlrQn~ civil or criminal penalties for noncompliance. Civi l and c·r¥.1t1J1lll,~e~nalties for non$..g}B ·ance are provided for in 10 V.S.A. Chapters 47, 20 1 a~ 21i:.1~~~~:::.;,,., ~,::;;.; ' ..~~-:-,,:;,:·-:~

    8. State Laws_.

  • Permit No.: 3-1474 Page 13

    application of such provision to other ci rcumstances, and the remainder of this permit, shall not be affected thereby.

    12. Authority

    This permit is issued under authority of 10 V.S.A. §§ 1258 and 1259 of the Vermont Water Pollution Control Act, the Vennont Water Pollution Control Permit Regu lation, and Section 402 of the Clean Water Act, as amended.

    />~, ~

    Ill. ADDITIONAL CONDITIO ~ ~· ;~~

    A. OTHER REQUIREMENTS /4® "'\ ... ·~;(~ /?.~-....., ~.",;, '

    T his permit shall be modified, suspended or r9pked to comply with any~p,P;) icable e ffluent standard or limitation issued or approved m,1£1.§! lS_tctions 3~,..l (b) (2) (C), aritl~i)J304(b) (2), and 307 (a) (2) of the Clean Water Act, ift'ne ef'~ ~! stai 9~r( or limitation ' issued or approved: ·::/.,,, :~.., ·

  • Pe1111itNo.: 3-1474 Page 14

    Daily Di.scharge - The discharge of a pollutant measured during a calendar clay or any 24hour pcnocl that reasonab ly represents the calendar clay for purposes of sampling.

    For pollutants with limitation expressed in pounds the daily discharge is calculated as the total pounds of pollutants discharged over the day.

    For pollutants with limitations expressed in mg/I the daily discharge is calculated as the average measurement of the pollutant over the clay.

    Department - The Vermont Department of Environmental

    Discharge - Any wastes, directly or indirectly, that ar.e~. ~ccd~-J~~ed or emitted into waters of the state . 4,.. \ ~,

    ~~

  • Permit No.: 3-1474 Page 15

    One National Life Drive, Main Building, 2nd Floor Montpelier VT 05620-3522

    Waste - Effluent, sewage or any substance or material, liqu id , gaseous, solid or radioactive, including heated liquids, whether or not harmful or deleterious to waters.

    Weekly Average - (Average weekly discharge limitation) - The highest allowable average ofdaily discharges (mg/I, lbs or gallons) over a calendar week, calculated as the sum or all da ily discharges (mg/I, lbs or gallons) measured during a calendar week divided by the number ofdaily discharges measured during that week.

    07 /2000; u.09/2012; u.11 /2014 Y:\WSMD_Dischargc\DP_Pcrmits\TE MPLJ\TES\D IRF.Cf\Df>-lndustrial.dot

  • AGENCY OF NATURAL RESOURCES

    DEPARTMENT OF ENVIRONMENTAL CONSERVATION

    WATERSHED MANAGEMENT DNISION

    I NATIONAL LIFE DRNE

    MONTPELIER, VERMONT 05620-3522

    FACT SHEET November 2015

    NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT TO DISCHARGE TO WATERS OF THE UNITED STATES

    FILE NO.: 14-06 Permit No.: 3-1474 PIN: NS00-0243 NPDES No.: VT000093 l

    NAME AND ADDRESS OF APPLICANT: Vermont Quarries Corporation

    1591 US Route4

    Mendon, VT 05701

    NAME AND ADDRESS OF FACILITY WHERE DISCHARGE OCCURS: Quarry Road

    Cavendish, Vermont

    RECEIVING WATERS AND CLASSIFICATION: Unnamed tributary of the Black River. Class B waters are suitable for bathing and recreation; irrigation and agricultural uses; good fish habitat; good aesthetic value; acceptable for public water supply with filtration and disinfection.

    I. Proposed Action, Type ofFacility. and Discharge Location The above named applicant has applied to the Vermont Department ofEnvironmental Conservation for to renewal a permit to discharge into the designated receiving waters. The facility is engaged in quarrying operations.

    The complete application, draft permit, and other information are on file and may be inspected at the VTDEC, Watershed Management Division, National Life Drive, Montpelier, VT. Copies will be made at a cost based on the previous Secretary of State Official Fee Schedule for Copying Public Records from 8:00 am to 4:30 pm, Monday through Friday.

    II. Description of Discharge This permit authorizes the discharge of 120,000 GPO, monthly average, to an unnamed tributary of the Black River oftreated dewatering water and process wastewater from the Cavendish Quarry. A quantitative description of the discharge in terms of significant effluent parameters is presented in section IV.

    III. Limitations and Conditions The effluent limitations of the permit, the monitoring requirements, and any implementation schedule (if required), may be found on the following pages of the permit:

    Effluent Limitations: Page 2 Monitoring Requirements: Page 2 and 3

    IV. Permit Basis and Explanation ofEffluent Limitation Derivation

    History & Summary Vermont Quarries Corporation owns this facility located on Quarry Road, Cavendish, VT. The quarry produces green marble. Groundwater seepage and precipitation must be removed from the quarry and is discharged to an

  • unna~ed tributaiy ~fthe Black River. Duet? the flu~tuations in the marble market, the quarry operates erratican/ and will often not discharge for extended pertods oft1me while the extracted marble, which is stockpiled, is being 00~ .

    The floor of the quarry is graded such that all wastewater flows to a large sump for primary treatment, then water is pumped at a controlled rate to a settling basin for additional treatment. Then the water is discharged via a riprapped spreader to an unnamed tributary ofthe Black River. This water is also used for dust control within the quarry if necessaiy.

    Effluent Limitations

    Flow The draft permit contains flow effluent limitation of 120,000 GPO, monthly average. This limitation is unchanged from the permit that currently authorizes this discharge. Flow monitoring is required daily. This discharge is intermittent based on the groundwater seepage and precipitation entering the quarry.

    Turbidity The permit contains a turbidity limitation of IO NTU, monthly average, during dry weather conditions. This limitation is based on Section 3-04.B of the Vermont Water Quality Standards effective October 30, 2014. Turbidity sampling is required once per month.

    Total Suspended Solids (TSS) The permit contains a 10 mg/I, daily maximum effluent limitation for Total Suspended Solids. TSS sampling is required once per month. This limitation and sampling frequency is unchanged from the permit that currently authorizes this discharge. ·

    pH The permit contains a pH limitation of 6.5 to 8.5 SU. This limitation is unchanged from the current permit and is based on Section 3-01.B.9 ofthe Vermont Water Quality Standards effective October 30, 2014. pH sampling is required once per month. This limitation and sampling frequency is unchanged from the permit that currently authorizes this discharge.

    Special Condi(ions Condition I.A.2.a requires that the effluent be sampled twice per month during the spring dewatering period.

    Condition I.A.2.b allows the permittee, at the end ofthe operating season, to include a statement with the final monthly monitoring report (WR-43) indicating the end of operations for the season. The permittee is not required to sample or submit monthly monitoring reports during inactive times.

    Condition I.A.2.c requires the permittee notify the Department, in writing, prior to commencing operations.

    Condition I.A.2.d requires that water recycling/reuse be maximized to reduce the volume ofwater discharged.

    Condition I.A.2.e requires that the pump intake be sufficiently above the top layer of any settled material in the ·quarry sump to prevent the pumping ofsettled solids.

    Condition I.A.2.frequires that the sump and settling pond be maintained as necessary to maintain compliance with effluent limitations sand the dates of solids removal noted on the WR-43 Discharge Monitoring Report.

    Condition I.A.2.g requires that any material removed from the sump be disposed ofin accordance with applicable state and federal regulations.

    Condition I.A.2.h requires that the area downgradient of the outfall be regularly inspected for signs oferosion and

  • 3 prompt action taken to correct any oferosion resulting from the discharge.

    Condition J.A.2.i requires that a spill prevention and control plan be implemented to prevent any fuel, chemical spills, or leaks from entering the wastewater treatment system.

    Total Metals, Nutrient, and Perclllorate Analyses Heavy metals and perchlorate have been detected in some quarry discharges in this Vermont. The permit contains a condition which requires that this discharge be sampled for the following total metals: antimony, arsenic, cadmium, chromium, copper, iron, lead, nickel, selenium, silver, and zinc, and perchlorate by March 31, 2020. Also to ensure that this discharge does not have the potential to cause or contribute to eutrophication ofthe receiving water and confirm to that this discharge does not cause a violation of the instream phosphorus criteria specified on the Vermont Water Quality Standards effective October 20, 2014, an analysis of the discharge for total phosphorus and total nitrogen must also be conducted March 31, 2020.

    V. Procedures for Formulation of Final Determinations

    The public comment period for receiving comments on this draft permit is from November 9, 2015 through December 9, 2015 during which time interested persons may submit their written views on the draft permit.

    All written comments received by 4:30 PM on December 9, 20 IS, will be retained by the Department and considered in the formulation ofthe final determination to issue, deny or modify the draft permit. The period of comment may be extended at the discretion ofthe Department. Written comments should be sent to:

    Vermont Agency ofNatural Resources Department of Environmental Conservation Watershed Management Division - Main 2

    I National Life Drive

    Montpelier, VT 05620-3522

    Comments may also be faxed to: 802-828-1544 or submitted by e-mail using the e-mail provisions included at http://www.anr.state.vt.us/dec/waterq/ww/htm/notices.htm

    Any interested person or groups of persons may request or petition for a public hearing with respect to this draft permit. Any such request or petition for a public hearing shall be filed within the public comment period described above and shall indicate the interest ofthe party filing such request and the reasons why a hearing is warranted.

    The Department will hold a hearing ifthere is significant public interest in holding such a hearing. Any public hearing brought in response to such a request or petition will be held in the geographical area ofthe proposed discharge or other appropriate area, at the discretion ofthe Department and may, as appropriate, consider related groups ofdraft permits. Any person may submit oral or. written statements and data concerning the draft permit at the public hearing. The Department may establish reasonable limits on the time allowed for oral statements and may require the submission ofstatements in writing. All statements, comments, and data presented at the public hearing will be retained by the Department and considered in the formulation ofthe final determination to issue, deny, or modify the draft permit

    The complete application, draft permit, and other information are on file and may be inspected at the VTDEC, Watershed Management Division, Montpelier, VT. Copies will be made at a cost based on the current Secretary of State Official Fee Schedule for Copying Public Records from 8:00 AM to 4:30 PM, Monday through Friday. The draft permit and fact sheet may also be viewed on the Division's w~bsite at www.anr.state.vt.us/dec/ww/wwmd.cfin.

    www.anr.state.vt.us/dec/ww/wwmd.cfinhttp://www.anr.state.vt.us/dec/waterq/ww/htm/notices.htm

  • ~ .VERMONT

    Vermont Deparbnent ofEnvironmental Conservation Watershed Management Division 1 National Li fe Drive, Main-2 Montpelier vr 05620-3522

    Agency of Nall/rat Resources

    [phone] 802-828-1535 [fax) 802-828-1544

    November 5, 20 15

    Town of Cavendi sh Attn: Di ane McNamara. Clerk PO Box 126 37 High Street Cavendish, VT 051 42-0126

    Ms. McNamara,

    Enclosed are copies of a public notice regarding the public comment period for a draft amended discharge permit that the Department is proposing to issue to Vermont Quarries Corporation for the discharge of treated process wastewater and dewatering ,..,,ater from their Cavendish quarry to an unnamed tributary of the Black River.

    One of these notices is information for local officials. Would you please post the other in a public place for disseminating this in formation to local residents?

    We are also sending copies of this notice to other local officials and interested persons who have asked to be included on our mailing list. We will be glad to send you additional copies if you desire or add names of interested parties to our mailing list.

    lt2 11~"~

    Ernest f Kelley, Manager Wastewater Management Program

    cc. (w/enclosure) Board of Selectmen

    1b prescruc, c11ha11cc, restore, wul ccmseruc \lemumt's 11at11ral resources, and protect lwmclll hea/th,for the benefit c,jtliis cll!df11t11rc yc11crn tio11s.

  • AGENCY OF NATURAL RESOURCES

    DEPARTMENT OF ENVIRONMENTAL CONSERVATION

    WATERSHED MANAGEMENT DIVISION

    I NATIONAL LIFE DRIVE

    MONTPELIER, VT 05620-3522

    NOTICE: Draft Discharge Pennit

    PUBLIC NO--TICE NUMBER: 3-1474

    PUBLIC COMMENT PERIOD: November 9, 2015 through December 9, 2015

    PERMITTEE INFORMATION

    PERMITTEE: Vennont Quarries Corporation 1591 US Route 4 Mendon, VT 05701

    PERMIT NUMBER: 3-1474

    DISCHARGE INFORMATION

    NATURE: Treated process wastewater and quarry dewatering water.

    VOLUME: 120,000 gpd, monthly average

    RECEMNG WATER: Unnamed tributary of the Black River

    EXPIRATION DATE: September 30, 2020

    DESCRIPTION: This is a

    TENTATIVE DETERMINATIONS Tentative detenninations regarding effluent limitations and other conditions to be applied on the pending Vermont permit have been made by the State ofVermont Agency ofNatural Resources (VANR). The limitations imposed will assure that the Vennont Water Quality Standards will be met.

    FURTHER INFORMATION The complete application, proposed pennit, and other information are on file; and may be inspected at the V ANR, National Life Drive, Building Main-2, Montpelier, VT. Copies of the pennit may be obtained by calling (802) 828-1535; cost ofcopies is IO cents per page or at Office hours are 7:45 a.m. to 4:30 p.m., Monday through Friday.

  • 2 PUBLIC COMMENTS/PUBLIC HEARINGS Public comments on the proposed permit are invited. Comments should be submitted in writing, to the address listed below. Comments may also be faxed to 802 828-1544 or submitted by e-mail using the email comment provisions included at http://www.watershedmanagement.vt.gov/.

    Department ofEnvironmental Conservation

    Watershed Management Division

    1 National Life Drive

    Main-2

    Montpelier, VT 05620-3522

    The comment period will close at the end of the business day 4:30 pm, December 9, 2015.

    All comments received prior to the deadline listed below will be considered in formulations of the final determinations. Any submitted comments should include the permit number next to the VANR address on the envelope and on the first page of comments

    Any person, prior to the above date, may submit a written request to this office for an informal public hearing to consider the proposed permit. Any hearing request shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. A hearing will be held only if the responses to this notice indicate significant public interest. ·

    FINAL ACTION/RIGHTS TO APPEAL TO THE ENVIRONMENTAL COURT At the conclusion of the public notice period and after consideration ofadditional information received during the public notice period, the VANR will make a final determination to issue or to deny the permit. Pursuant to 10 V.S.A. Chapter 220, any appeal of this decision must be filed with the clerk of the Environmental Court within 30 days of the date of the decision. The appellant must attach to the Notice of Appeal and the applicable the entry fee, payable to the State ofVermont.

    The Notice ofAppeal must specify the parties taking the appeal and the statutory provision under which each party claims party status; must designate the act or decision appealed from; must name the Environmental Court; and must be signed by the appellant or their attorney. In addition, the appeal must give the address or location and the description of the property, project or facility with which the appeal is concerned and the name ofthe applicant or the permit involved in the appeal.

    The appellant must also serve a copy ofthe Notice ofAppeal in accordance with Rule 5(b)(4)(B) of the Vermont Rules for Environmental Court Proceedings.

    For further information, see the Vermont Rules for Environmental Court Proceedings; available on line at www.vermontiudiciary.org. The address for the Environmental Court is: 32 Cherry Street 2nd Floor, Suite 303; Burlington, VT 05401. Phone: 802-951-1740; Fax: 802-657-4292.

    Alyssa B. Schuren, Commissioner Department ofEnvironmental Conservation

    http://www.vermontjudiciary.orghttp://www.watershedmanagement.vt.gov

    VT D.E.C. issuing a Draft Discharge PermitFact SheetPublic Notice