draft solid waste management facility permit 655

DRAFT DRAFT DRAFT Solid Waste Management Facility Permit Permit: SW‐655

American Crystal Sugar ‐ Crookston ‐ IBP Action: PER002

In accordance with Minn. Stat. Chs. 115, 115A, and 116, and Minn. Rules Chs. 7000, 7001, and 7035, the Minnesota Pollution Control Agency (MPCA) hereby issues this permit and authorizes the permittee(s) listed on the following page to construct and operate the American Crystal Sugar ‐ Crookston ‐ IBP, SW‐655 under the conditions set forth in this permit. The facility consists of 577 acres located in: Township 150 N, Range 47 W, Section 34, Polk County, in the MPCA Detroit Lakes Region. The facility includes the following waste activity area(s): Industrial Waste Disposal Area IL001 Solid Waste Recycling Area RE001 Solid Waste Storage Area ST001 The determination to issue this permit is discretionary with the MPCA and was made subsequent to MPCA staff review of the permit application. The term commissioner, as used in this permit, refers to the MPCA Commissioner or MPCA personnel who have been delegated explicit authority by the commissioner. Other terms used in this permit are defined in Minnesota Statutes, the MPCA Solid Waste Management Rules, or specifically defined in this permit. Permit Issuance Date: 11/30/2011 Permit Expiration Date: 11/29/2016 Permit Modified Date: Minnesota Pollution Control Agency Ainars Z. Silis Supervisor, Land Permits Unit Land and Water Quality Permits Section Industrial Division

Solid Waste Management Facility Permit Permit: SW‐655


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The following permittee(s) are authorized to construct and operate the American Crystal Sugar ‐ Crookston ‐ IBP, SW‐655 under the conditions set forth in this permit. Permittee Activity Owner: American Crystal Sugar Co

Address: 101 N 3rd St Moorhead, MN 56560

Permittee Land Owner: American Crystal Sugar Co

Address: 101 N 3rd St Moorhead, MN 56560

Permittee Operator: American Crystal Sugar Co

Address: PO Box 600 Crookston, MN 567160600



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Table 1

Crookston

Field Name Acreage Location

Field A 160 acres SE1/4, Section 34, Township 150N, Range 47 W, Polk County

Field B 120 acres NW1/4, Section 2, Township 149 N, Range 47W, Polk County

Field C 120 acres N1/2, Section 2, Township 149 N, Range 47 W, Polk County

Field D 120 acres E1/2 and SW1/4, SW1/4, Section 34, Township 150N, Range 47W, Polk County



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Table 2

Required Actions and Submittals Table Classification or Name of Industrial By‐Product

Event

Notice of Submittal

To Whom

By When

New Industrial By‐Product, default to type management until formal type classification has occurred

Characterization Table 4 Laboratory Data

MPCA Before formal type classification can occur

Type 2 First use of land application in a township or county

Land Application Notice Form and additional information as requested

MPCA, County Township/City

Before site use

Type 2 First use of any land application site

Land Application Notice Form

MPCA Before site use

Type 2 Subsequent use of a land application site

None required Not applicable Not applicable

Type 3 Use of land application site

Land Application Notice Form and additional information as requested

MPCA, County, Township/City

30 days before site use

Versa Lime First time land applied in a County

Notice of intent to apply and additional information as required

MPCA, County Before site use

Short‐term Storage Type 2

First use of short‐term storage site in Township or County

Land Application Notice Form indicating short‐term storage


Before site use

Long‐term storage Construction/use of long‐term storage facility

Construction Plans/site suitability Notice of long‐term storage


Before site construction & Before site use



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Table 3

Industrial By‐Products List and Classification Table

Name

Description

Managed as Type 2 Industrial By‐Product

Managed as Type 3 Industrial By‐Product

Tailings A mixture of topsoil and beet fiber produced at the sugar beet processing plant during the initial processing of beets.

X

Rock and sand catcher material

A mixture of rock, sand, weeds, soil and beet parts separated from the sugar beets during their initial processing. If rocks are less than 5% of the mass the materials are land applied. If rocks are greater than 5% of the mass the material is land‐filled along with the spent lime, or used as cover material in the lime landfills.

X

Mud Press Solids Topsoil wasted off the sugar beets during initial processing. The topsoils are then processed through a “belt press” to remove excess water and then land applied or used as cover for the lime landfills.

X

Mud Pond Solids Topsoil washed off the sugar beets during initial processing and slurried to the mud ponds for settling. These solids are periodically cleaned from the mud ponds but have high level nutrients that must be remediated and beneficially used under the terms and conditions of this permit applicable to mud pond solids.

X

Note: 1

Beet Piling Site Cleanup A mixture of topsoil and waste beets generated at the beet stockpile sites as the beets are hauled from the stockpiles to the factory for processing.

X

Weeds A mixture of floatable materials including weeds and beet parts separated from the sugar beets during the initial processing of sugar beets (tailings).

X

Off Specification Beet Pulp

Beet pulp remaining after the juice is extracted from the sugar beets and is normally used as an animal feed (wet pulp, dry pulp).

X

Stormwater Basin/Ditch Cleanout Sediments

Accumulated sediments taken from the stormwater basin(s) and from stormwater collection ditches flowing into the stormwater basin(s).

X

Versa Lime Lime (CaC03) from the sugar purification process, normally land‐filled under American Crystal Sugar solid waste permits. The lime can be land applied at agronomic rates to control Aphanomyces cochlioides (sugar beet root fungus) on sugar beet farmland consistent with MPCA approval dated March 29, 2005 and the terms and conditions of this permit.

X

Beet Juice X

Re‐screener dirt X

Other approved By‐products not listed above

X

1 Mud Pond Solids are special Type 2 Industrial By‐Products (IBP) which are high in nutrients and thus must be remediated under the terms and conditions of this permit prior to beneficial use as a Type 2 Industrial By‐Products (IBP).



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Table 4

By‐product characterization requirements for any new By‐product or By‐products which have been previously characterized and there is a change in operational or management practices for the By‐product (s) as they were originally characterized under the terms and conditions of solid waste permit SW‐655.

Analyte Units1 New or Changed Solid Waste

Total Solids Percent X

Total Volatile Solids Percent X

pH SU X

Total Arsenic mg/kg X

Total Boron mg/kg X

Total Cadmium mg/kg X

Total Calcium mg/kg X

Total Chloride mg/kg X

Total Copper mg/kg X

Total Cobalt mg/kg X

Total Iron mg/kg X

Total Lead mg/kg X

Total Magnesium mg/kg X

Total Mercury mg/kg X

Total Molybdenum mg/kg X

Total Nickel mg/kg X

Total Selenium mg/kg X

Total Sodium mg/kg X

Total Sulfur mg/kg X

Total Zinc mg/kg X

Total Kjeldahl Nitrogen Percent X

Total Ammonia Nitrogen Percent X

Total Nitrate Nitrogen Percent X

Total Phosphorus Percent X

Total Potassium Percent X

Fecal Coliform1 MPN/g T.S. X

Salmonella sp.1 MPN/4g T.S. X

1 Initial testing is required consistent with the terms and conditions of this permit. Subsequent testing is required only if system or by‐product changes such that pathogens may then be present.



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Table 5

Analytical Requirements for Specific Industrial By‐Products

Analyte

Units

1

Tailings and Rock Catcher Material

Beet Piling Site Cleanup and Weeds

Off Spec. Pulp

Stormwater Basin/ Ditch Clean‐out Sediment

Mud Pond or Mud Press Solids

Anaerobic & Aerobic Sludge

Versa Lime

Re‐screener dirt

Beet Juice

Total Solids Percent X X X X X X X X X

Total Volatile Solids

Percent X X X

pH SU X X X X X

Total Kjeldahl Nitrogen

Percent X X X X X X X X

Total Ammonia Nitrogen

Percent X X X X X X X X X

Total Nitrate Nitrogen


Total Phosphorus


Total Chloride mg/kg X X X X X X

Total Sodium mg/kg X X X X X X

Total Boron mg/kg X

Total Calcium mg/kg X

Total Sulfate mg/kg X

Total Arsenic2 mg/kg X

Total Cadmium

2

mg/kg X

Total Copper2 mg/kg X

Total Lead2 mg/kg X

Total Mercury

2

mg/kg X

Total Molybdenum

2

mg/kg X

Total Nickel2 mg/kg X

Total Selenium

2

mg/kg X

Total Zinc2 mg/kg X

Total Dioxin equivalents

2

mg/kg X

Sampling 2

Frequency mg/kg

1/Year

1/Year

1/Year

1/Event

1/Event

1/Year

1/Year3

1/Event4

1/Year

1/Year 1 Reported on a dry weight basis, except pH, Total Solids, and Total Volatile Solids 2 If managed under the SW‐655 permit in a given year 3 Off PKF Press 4 If mined



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Table 6

Soil Analysis Requirements and Associated Limits

Parameter Units Sample Type Limit

Soil Texture USDA Composite1 N/A

pH Standard Units Composite1 N/A

Organic Matter Percent Composite1 N/A

Exchangeable Phosphorus ppm Composite1 2002

Extractable Potassium ppm Composite1 N/A

Soluble Salts mmhos/cm Composite1 4

Nitrate PPM Composite1 N/A

1 The composite shall consist of a mixture of 15‐20 sub‐samples taken from 6‐9 inches of the soil, at a rate of 1 composite sample per 40 acres or in the case of Versa Lime application, one composite sample per 160 acres.

2 The soil test method used for this determination is the Olsen test.

Table 7

Soil characteristics required for suitability when the site is non‐cropped, set aside land, pasture land, non‐agricultural land, or the material being land applied is a Type 3 Industrial By‐Product.

Characteristic Minimum Requirement1

Soil texture at the zone of by‐product application

Fine sand, loamy sand, sandy loam, loam, silt, silt loam, sandy clay loam, clay loam, sandy clay, silty clay loam, silty clay or clay

Depth to bedrock 3 feet2

Depth to seasonal high water table 3 feet2,3

1 This information can be determined by obtaining information from soil surveys published by the Natural Resources Conservation Service or by characterization of the site by characterization of the site by a state of Minnesota licensed soil scientist or other qualified person.

2 This depth must be a minimum of 5 feet, if the soil is classified as a “highly permeable soil.” 3 On sites where tile drainage is installed, the depth to tile lines is considered the depth to the seasonal high water table. Tiling must be adequate to ensure the three foot separation distance can be maintained. Maps of the tiling system must be provided indicating their depth and placement in the field. Water tables classified as perched or epi‐saturated by the Natural Resources Conservation Service are not considered to be the seasonal high water table.



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Table 8

Slope Restrictions for Application Sites where Industrial By‐Product is Applied

Slope (percent)

Surface application

Injection or Immediate Incorporation1

0 ‐ 6 Allowed2 Allowed

>6 ‐ 12 Not allowed Allowed

>12 Not Allowed Not Allowed

1 Immediate incorporation is mixing of the by‐product into the soil with some form of tillage within 48 hours of application.

2 Except that winter application must not be done on slopes greater than 2%.

Table 9

Minimum Separation Distances from the Land Application and Land Treatment Sites

Separation Distances (feet)

Feature

Surface Applied

Incorporated within 48 hours

Injected

Private drinking water supply wells 200 feet 200 feet 200 feet

Public drinking water supply wells 1000 feet 1000 feet 1000 feet

Downgradient lakes, rivers, streams, Type 3, 4, and 5 wetlands, intermittent streams, or tile inlets connected to these surface water features1, and sinkholes

Slope 0 % to 6 % Slope 6 % to 12 % Winter (0 % to 2 %)

300 feet

Not Allowed

600 feet

50 feet

100 feet

Not Applicable

50 feet

100 feet

Not Applicable

Grassed Water Ways2

Slope 0 % to 6 % Slope 6 % to 12 %

100 feet

Not Allowed

33 feet

33 feet

33 feet

33 feet

Separation Distance from Constructed Ponds 50 feet 50 feet 50 feet

1 Intermittent stream means a drainage channel with definable banks that provides for runoff flow to any of the surface waters listed in the above table during snow melt or rainfall events.

2 Grassed waterways are natural or constructed and seeded to grass as protection against erosion. Separation distances are from the centerline of grassed waterways. For a grassed waterway which is wider than the separation distances required, application is allowed to the edge of the grass strip.



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Table 10

Additional minimum separation distances from application sites when the Industrial By‐Product contains pathogens. Applies to all Type 3 Industrial By‐Products that have not been recharacterized as Type 2.

Separation Distances (feet)

Feature

Surface Applied

Incorporated within 48 hours

Injected

Residences 2001 feet 2001 feet 100 feet

Residential development 6001 feet 6001 feet 300 feet

Public contact site 600 feet 600 feet 300 feet

1 This distance may be reduced with written permission from all persons responsible for residential developments, places of recreation, and all persons inhabiting residence within the designated separation distance.

Table 11

Minimum duration between time of application of a Type 3 Industrial By‐Product and harvest, grazing, and public access to the site (Does not apply to Type 3 Industrial By‐Products that have been recharacterized and approved as Type 2 Industrial By‐Products).

Crop Type Waiting Period

Food crops whose harvested part may touch the soil/industrial by‐product mixture (melons, squash, tomatoes, peas, etc.)

14 months

Food crops whose harvested part grow in the soil (potatoes, carrots, sugar beets, etc.)

38 months1

Feed, other food crops (field corn, sweet corn, soybeans, wheat, etc.) hay, or fiber crop

30 days

Grazing of animals 30 days

Public access to land2

High potential for exposure

Low potential for exposure

1 year 30 days

1 This can be reduced to a 20 month duration between application and harvest when the industrial by‐product is surface applied and stays on the soil surface four months or longer prior to incorporation into the soil.

2 Lands with high potential for exposure are public contact sites, reclamation sites located in populated areas, turf farms, or plant nurseries. Lands with low potential for exposure are lands with infrequent public use and include areas such as agricultural land, forests, or reclamation sites located in an unpopulated area.



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Table 12

Crop

Maximum Allowable Nitrogen Application Rates –

When Actual Yields Are Not Measured (lb/acre)1

Maximum Allowable Nitrogen Application Rates –

When Actual Yields Are Measured

Nonharvested vegetation, set aside acreage, cover crops2,3

50

_

Soybeans

_ 3.5 lb Nitrogen x Bushel/acre yield goal

Alfalfa

200

50 lb Nitrogen x Tons/acre yield goal

Clover, alfalfa‐grass, or clover‐grass mixtures

100

50 lb Nitrogen x Tons/acre yield goal

1 See specifics in Part 2.3.21 and 2.3.22 which generally establishes the need to include all Nitrogen added to the land from fertilizers, other biosolids, etc.

2 This category does not include land used as pasture. See Part 2.3.23 and 2.3.24 of this permit for further information regarding Nitrogen application to pasture land.

3 Application of up to 100 pounds of available nitrogen/acre is allowed on cover crops if a crop will be grown, harvested, and removed from the site during the following cropping year. If applications exceed 50 pounds of available nitrogen/acre, 30 percent of the available nitrogen applied must be credited to the following cropping year, unless a current soil nitrogen test is utilized to determine soil nitrogen levels.

Table 13

By‐Product

Available Nitrogen (pounds of N per wet ton)

Tailings

0.57

Pulp

0.80

Beets, Beet Parts

1.30

Source: University of Minnesota Department of Soil, Water, and Climate. Based on soil incubation tests performed in 2000.



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Table 14

Seasonal Hydraulic Application Rates and Related Site Characteristics

Hydraulic Application Rates and Related Site Characteristics

Summer Application

Soil Types (USDA textual classifications)

Clay loam, Silty clay loam, Sandy clay, Silty clay

Loam, Silt,

Silt loam, Sandy clay loam

Sand, Loamy sand, Sandy loam

Daily Application Rate Gallons/acre/day (g/a/d)

10,000 g/a/d

15,000 g/a/d

25,000 g/a/d

Yearly Application Rate Gallons/acre/year (g/a/y)

75,000 g/a/y

75,000 g/a/y

75,000 g/a/y

Surface Ponding of By‐Product

None after 6 hours

None after 6 hours

None after 6 hours

Runoff

None of By‐Product



Separation Distances

Type 2 Industrial By‐Product

Table 9

Table 9

Table 9


Table 9 and 10

Table 9 and 10

Table 9 and 10

Winter Application1

Seasonal Application Rate

15,000 gallons per season



Slope Restrictions

2% or less

2% or less

2% or less

Separation Distances


Table 9

Table 9

Table 9


Table 9 and 10

Table 9 and 10

Table 9 and 10

1 Winter application rates apply when the soil is frozen or snow covered so that incorporation or injection is not possible.



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Table 15

Concentration Limits for Versa Lime Land Application

Analyte Concentration Limit

Total Arsenic 75 mg/kg

Total Cadmium 85 mg/kg

Total Copper 4300 mg/kg

Total Lead 840 mg/kg

Total Mercury 57 mg/kg

Total Molybdenum 75 mg/kg

Total Nickel 420 mg/kg

Total Selenium 100 mg/kg

Total Zinc 7500 mg/kg

Total dioxin equivalents 50 ppt

Permit SW-655American Crystal Sugar - Crookston - IBP Action: PER 002

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Solid Waste Management Facility Permit Report Date: 11/25/2013

1. TOTAL FACILITY

1.1 GeneralDefinitions1.1.1

"Available Nitrogen" means the nitrogen present in the industrial by-productwhich is available for the plant to use during the cropping year.

1.1.2

"Beet Piling Site" means an area where beets are stored prior to processing atAmerican Cystal Sugar beet sugar processing plants.

1.1.3

"Beet Piling Site Cleanup/Weeds" for the purposes of this permit is an industrialby-product that is generated at the beet stockpile sites from September throughMay consisting of a mixture of topsoil, waste beets, and straw.

1.1.4

"Carbon to nitrogen ratio" means the calculated ratio on a dry weight basis oftotal elemental carbon to total elemental nitrogen.

1.1.5

"Cover Crop" means vegetation which is planted specifically to prevent soilerosion and to take up nutrients that may otherwise be lost before the nextcropping year. Cover crops include rye, oats and other types of fast-growingvegetation that are generally not harvested.

1.1.6

"Cropping year" means a year beginning on September 1 of the year prior to thegrowing season and ending August 31 the year the crop is harvested.

1.1.7

"Default Type 3 Industrial By-Product" is an industrial by-product that has notbeen analyzed for the presence of pathogens and otherwise complies with therequirements for Type 3 Industrial By-Products.

1.1.8

"Design Capacity" means the maximum estimated potential airspace to beoccupied by an industrial land disposal facility, including all cover systems."Design Capacity" is used only for planning purposes and is distinct frompermitted capacity. "Design Capacity" is an estimate dependent on the existinglandholdings of the Permittee, existing regulations that affect development anddesign (including required buffer areas, storm water management requirements,and slopes), engineering designs, and site developmental plans. It includes allareas that have been completed, all active areas, and all proposed areas based onthe largest design footprint shown on the plan sheets. It is the volume that, uponfinal closure of the facility, would be occupied by waste (along with allassociated materials including cover) measured from the base of the fill to the topof the proposed final cover. No waste disposal is authorized until the MPCAgrants "permitted capacity" as defined below.

For the purposes of this permit, "design capacity" is not an operative designationfor land application and storage activities permitted herein primarily becausethese activities are the activities of an industrial solid waste landfill. Totalpermitted size, permitted capacity and ultimate capacity indicated on the wasteactivities screen are the approximate numerical values for the disposal andstorage of biosolids and the mud solids remediation program. The actualnumerical values may vary and are reported annually in the Annual FacilityReport.

1.1.9

Page 1 of 32Permit Issued: November 30, 2011Permit Expires: November 29, 2016




TOTAL FACILITY

General"Dewatered Industrial By-Product" for the purposes of this permit, means anindustrial by-product which can be handled like a dry material and when stackedhas the ability to maintain a 4:1 slope.

1.1.10

"End User" means the person that has accepted the industrial by-product for theiruse as a soil amendment.

1.1.11

"Facility" has the meaning given in Minn. R. 7035.0300, subp. 37.1.1.12"Fallow Land" means land which is not cropped throughout the cropping yearand has a vegetative cover of less than 25 percent.

1.1.13

"Highly Permeable Soil" means soils whose soil leaching potentials are rated assevere, poor filter for soil pesticide loss, by the Natural Resources ConservationService using procedure found in Part 620, Soil Interpretation Rating Guides ofthe United States Department of Agriculture-Natural Resources ConservationService National Soils Survey Handbook.

1.1.14

"Industrial Waste Disposal Area" for the purposes of this permit are the LandTreatment Facilities (IL001) where Mud Pond Solids remediation occurs asdescribed under the terms and conditions of this permit.

1.1.15

"Immediately Incorporated" means incorporated into the soil with tillage within48 hours after surface application of an industrial by-product.

1.1.16

"Industrial By-Product" has the same meaning as "solid waste" given in Minn.R. 7035.0300.

1.1.17

"Industrial By-Product Management Classification" is the appropriatemanagement classification as defined in Table 3 for the specified industrialby-product.

1.1.18

"Maximum Allowable Nitrogen Application Rate" means the maximum amountof available nitrogen which can be applied to a site during a single cropping year.

1.1.19

"Mud Ponds" at the American Crystal Sugar Crookston Facility are one of fourlarge industrial water treatment/storage ponds that collect and accumulate washwater and settle out the mud pond solids associated with the cleaning andprocessing of beets into sugar.

1.1.20

"Mud Pond Solids" are the residual topsoil and beet parts that are washed offduring the initial step of the sugar beet process that are pumped and transferred asa slurry into the mud ponds where mud solids accumulate and settle out.

1.1.21

"Mud Pond Solids Treatment Unit" is a treatment unit consisting of four bermedfields with a total size of approximately 520 acres for the Crookston facility.Each field will receive untreated mud pond solids in a three to four year rotation.The fields will be managed to reduce the levels of available nitrogen from amaximum of 2,000 pounds per acre to less than 200 pounds per acre.

1.1.22

"Off Specification Beet Pulp" for the purposes of this permit is an industrialby-product consisting of beet pulp remaining after the juice is extracted from thesugar beets and is normally used as an animal feed.

1.1.23

"Pathogen" means organisms that are capable of producing an infection or diseasein a susceptible host.

1.1.24





TOTAL FACILITY

General"Perched Water Table" means the soil is saturated with water in one or morelayers within 200 centimeters of the mineral soil surface and has one or moreunsaturated layers with an upper boundary above 200 centimeters in depth belowthe saturated layer. The zone of saturation (i.e. the water table) is perched on topof a relatively impermeable layer. The Natural Resources Conservation Servicealso classifies this as "epi-saturation".

1.1.25

"Permittee" means American Crystal Sugar Company.1.1.26"Public Contact Site" means land with a high potential for contact by the public.This includes, but is not limited to, public parks, ball parks, cemeteries and golfcourses.

1.1.27

"Realistic Yield Goal" means the most recent five-year average of crop yields,excluding the worst year; or the most recent three to five year average yieldincreased by ten percent. If a crop has never been grown, the yield goal can bedetermined based on information provided by the Natural ResourcesConservation Service, county extension agent, or crop consultant.

1.1.28

"Solid Waste Recycling Area" for the purpose of this permit is a parcel of land ora farmers field where land application of either Type 2, Type 3 or Type 3 defaultindustrial by-products occurs or has occurred.

1.1.29

"Stormwater Basin/Ditch Clean-out Sediments" for the purposes of this permit isan industrial by-product consisting of the accumulated sediment taken from thestormwater basin and from ditches flowing into the stormwater basin unlessotherwise determined by the Commissioner.

1.1.30

"Type 2 Industrial By-Product" is an industrial by-product that has beencharacterized through analytical testing and determined not to have pathogenspresent and complies with the terms and conditions of this permit for a Type 2Industrial By-Product.

1.1.31

"Type 3 Industrial By-Product" is an industrial by-product that has beencharacterized through analytical testing and determined to have pathogenspresent and complies with the terms and conditions of this permit for a Type 2waste.

1.1.32

"Type IV Certified Operator or Inspector" means a person certified according toMinn. R. 7048 for land application.

1.1.33

"Waste Activity" means the storage, processing, transfer, utilization, treatment, ordisposal of solid waste and waste by-products.

1.1.34

"Waste Activity Area" means the land, structures, monitoring devices, and otherappurtenances and improvements on the land associated with a waste activity.

1.1.35

"Weeds" for the purposes of this permit are an industrial by-product generated atthe American Crystal Sugar Crookston sugar beet processing facilities during theinitial processing of sugar beets and are a mixture of floatable materials includingweeds and beet parts separated from the sugar beets.

1.1.36

"Wetlands" has the meaning provided in Minn. Stat. ch. 103G.005 subd. 19.1.1.37





TOTAL FACILITY

GeneralDescription of Operations1.1.38

American Crystal Sugar Company owns and operates the Crookston sugar beetprocessing facility in the city of Crookston and owns and operates additional beetstockpile sites throughout the Red River Valley, as well as operating numerousland application sites. During the processing of sugar beets a variety of industrialby-products are generated that have a beneficial use when applied to the soilsconsistent with the terms and conditions of this permit. Many of these materialscontain sugar beet parts and other plant materials which contain nutrients andwhich under certain conditions generate odors as they decompose. Occasionally,industrial by-products generated at the American Crystal Sugar Companyoperations in the State of North Dakota are utilized in Minnesota subject to theterms and conditions of this permit. All industrial by-products utilized inMinnesota under the terms conditions of this permit shall be included in theAnnual Report required by Part 1.6, Reporting Criteria, of this permit.

1.1.39

Several of these industrial by-products are made up primarily of mineral topsoilwhich cannot be separated from waste beets because of the methods used forharvesting. The proportion of mineral topsoil may decline over time as methodsare developed for reducing the amount of topsoil which remains with the beetsafter harvest.

1.1.40

Waste Activities1.1.41The facility waste activities authorized by this permit are limited to landapplication, storage, or beneficial use of specified industrial by-products andtreatment of mud pond solids generated during the processing of sugar beets asdescribed on the waste activities screen for this permit. The names, descriptionsand land application classifications of Industrial By-Products authorized by thispermit are further described in the Industrial By-Products List and ClassificationTable (Table 3) of this permit.

1.1.42

Scope of Activities1.1.43Generally, this permit authorizes the Permittee to land apply and store industrialby-products identified in the permit and permit application as follows:

1.1.44

Type 2 and Type 3 Industrial By-Products, subject to the terms and conditions ofthis permit.

1.1.45

To use mud press solids, re-screener dirt, rock/sand catcher material andremediated mud pond solids Type 2 Industrial By-Products for reclamation andconstruction projects consistent with the terms and conditions of this permit.

1.1.46

To treat mud pond solids in the mud pond solids treatment unit consistent withthe terms and conditions of this permit.

1.1.47

Methods for management of these wastes activities other than land applicationand reclamation or construction are not authorized by this permit and may requirethe Permittee to obtain a separate permit or approval.

1.1.48





TOTAL FACILITY

GeneralThe MPCA uses the specified classifications to determine regulatoryrequirements needed to protect the environment. Type 2 Industrial By-Productsare very low in contaminants and when applied in accordance with the permitrequirements have a low risk to the environment. Type 3 Industrial By-Productshave one or more contaminants of concern that require more restrictions toremain classified as a low risk to the environment when compared with a Type 2Industrial By-Product. Treated mud pond solids are a separately classifiedindustrial by-product and only mud pond solids may be treated in the mud pondsolids treatment units.

1.1.49

Once characterization of a waste is completed, a determination will be made as towhether the specific industrial by-product must follow the Type 2 or Type 3requirements contained in this permit.

1.1.50

There are significant differences in the site selection process and site suitabilitycriteria based on whether the industrial by-product is a Type 2 or Type 3Industrial By-Product.

1.1.51

Type 2 Industrial By-Products1.1.52For the purposes of this permit and as defined in Part 1.1.1 through 1.1.37Definitions, the industrial by-products listed in Table 3 will be referred to asType 2 Industrial By-Products:

1.1.53

Type 3 Industrial By-Products1.1.54Type 3 Industrial By-Products must meet the requirements for Type 2 IndustrialBy-Products except that they may have pathogens present.

1.1.55

Unlisted Industrial By-Products1.1.56Individual by-products proposed to be land applied must be fully characterizedprior to land application. By-products that have been characterized for theanalytes in Table 4 but for which pathogens were not analyzed may be classifiedas Type 3 Industrial By-Products by default (called Default Type 3 IndustrialBy-Product), and will be regulated in accordance with the Type 3 requirementscontained in this permit.

1.1.57

The Permittee shall submit the results of any new industrial by-productcharacterizations to the Commissioner for approval as a Type 2, Type 3 or aType 3 Default Industrial By-Product .

1.1.58

Consistent with the terms and conditions of this permit, the analytes listed inTable 4 shall be analyzed for each new industrial by-product not otherwiseapproved under the terms and conditions of this permit. To properly characterizean industrial by-product, the MPCA may request analytes in addition to thosecontained in Table 4. In approving the characterization, the MPCA shalldetermine what analytes shall be monitored, frequency of sample, and sampletype.

1.1.59





TOTAL FACILITY

1.2 Permit DocumentsPermit Application1.2.1

The permit application approved by this permit is signed and dated August 23,2012.

1.2.2

Engineering Documents1.2.3The engineering documents approved by this permit include:1.2.4A document titled "Application for Solid Waste Management Facility PermitModification" prepared by Wenck Associates, Inc. dated August 2012 whichincludes an updated Environmental Monitoring Plan for the Crookston Facility.

1.2.5

A document titled "Plan of Operations for Management of IndustrialBy-Products" prepared by Wenck Associates, Inc. dated January 2012 whichincludes a By-Product Description and Management Plan, a Sampling andAnalysis Plan, and a Contingency Action Plan for the Crookston facility.

1.2.6

A document titled "Application For Permit" prepared by Wenck Associates, Inc.dated October 2010.

1.2.7

A mineralization study dated October 15, 1999.1.2.8Monitoring Well Installation Report1.2.9

The Permittee must submit a Monitoring Well Installation Workplan and asubsequent Monitoring Well Installation Report for the proposed monitoring wellto be installed at Treatment Field D. These submittals must be reviewed andapproved by the Commissioner prior to land-application of mud solids onTreatment Field D.

1.2.10

1.3 Design and Construction CriteriaLocation Standards1.3.1

The Permittee may not locate, establish, or construct a solid waste managementfacility in areas designated in Minn. R. 7035.2555.

1.3.2

Ground Water Quality, Surface Water Quality, Air Quality, and Soil Protection1.3.3The Permittee must locate, design, and construct the facility to prevent pollutionof groundwater and surface water, minimize the contamination of soils from solidwaste, and maintain the facility in conformance with MPCA air pollution controlrules in accordance with Minn. R. 7035.2565.

1.3.4

Storage Standards1.3.5A waste activity area where industrial by-product is stored must be designed inaccordance with Minn. R. 7035.2855 except as provided in, subp. 1 and Minn.R. 7035.2525, subp. 2. Short-term, long-term and permanent storagerequirements are described in this permit in Part 4 Solid Waste Storage Area,ST001(Industrial By-Products Storage Area).

1.3.6

Soil Boring Requirements1.3.7At a minimum, for each new construction related soil boring, the Permittee shallinclude the following information:

1.3.8

The texture and thickness of the soil for each boring encountered in the boring;1.3.9





TOTAL FACILITY

Design and Construction CriteriaThe color and presence or absence of mottling for each soil horizon encounteredusing Munsell Soil Color Charts;

1.3.10

If encountered, the depth to the seasonal high water table;1.3.11If encountered, the depth to bedrock; and1.3.12Any other pertinent characteristics encountered during the soils investigation oras otherwise specifically required by applicable Minnesota Rules.

1.3.13

Storm Water Management System1.3.14The Permittee shall construct stormwater management system for the landtreatment facilities and long-term storage facilities with Best ManagementPractices to manage stormwater discharge in accordance with the NationalPollutant Discharge Elimination System/State Disposal System (NPDES) Permitfor the discharge of stormwater associated with an industrial activity and/or aconstruction activity.

1.3.15

Construction Plan1.3.16The Permittee must submit a revised construction plan to the Commissioner forapproval prior to construction if the construction plan proposes any majorrevisions to the approved design. Construction plans are not required for LandApplication of Industrial By-Products. Construction plans are required forlong-term storage activities and for the mud pond solids treatment units if itvaries from the approved design as described in the Permittee's approvedapplication.

1.3.17

Construction Notification1.3.18Unless the Commissioner orders otherwise, the Permittee shall notify appropriateMPCA staff at least ten (10) working days in advance of construction oflong-term storage facilities and the mud solids pond treatment unit.

1.3.19

Construction Certification1.3.20The Permittee must submit a construction certification for approval by theCommissioner in accordance with Minn. R. 7035.2610 when applicable.Consistent with meeting the terms and conditions of this permit for the specifiedindustrial by-products, generally short-term storage site construction, landapplication of industrial by-products, cover construction activities, and the mudpond solids treatment unit construction do not require certification ofconstruction. Consistent with Minn. R. 7035.2610 and the terms and conditionsof this permit, a facility waste activity or any new design feature must not beplaced into operation until the construction certification has been approved by theCommissioner.

1.3.21

Alterations and Additions1.3.22Consistent with the terms and conditions of this permit, the Permittee shall notmake any major alterations or additions to the facility that would materially alterthe manner in which waste is managed without first obtaining the writtenapproval of the Commissioner.

1.3.23





TOTAL FACILITY

1.4 Operating and Maintenance CriteriaStorage of Solid Waste1.4.1

The Permittee shall be responsible for the satisfactory storage of all solid wasteaccumulated at the land treatment facilities and long-term storage facilities inaccordance with Minn. R. 7035.0700 and Minn. R. 7035.2855. See specificrequirements in this permit in Part 4 Solid Waste Storage Area, ST001(IndustrialBy-Products Storage Area).

1.4.2

Collection and Transportation of Solid Waste1.4.3The Permittee shall provide for the proper collection and transportation of solidwaste in accordance with Minn. R. 7035.0800 and the terms and conditions ofthis permit.

1.4.4

Unacceptable Wastes1.4.5The Permittee must not accept specific wastes for treatment, storage, processing,or disposal in accordance with Minn. R. 7035.2535, subp. 1.

1.4.6

Security1.4.7The Permittee shall delineate the Mud Pond Solids Treatment Unit site.1.4.8Consistent with applicable rule, the Commissioner may as necessary require thePermittee to post a sign at the entrance of the facility and at each waste activityarea that delineates the area and shows the facility name, MPCA permit number,hours of operation, the acceptable waste, and any other relevant information.

1.4.9

General Inspection1.4.10The Permittee must perform general inspections in accordance with Minn.R. 7035.2535, subp. 4.

1.4.11

Solid Waste Management Plan1.4.12The Permittee must manage solid waste for each waste activity as specified in theapproved plan in accordance with Minn. R. 7035.2535, subp. 5.

1.4.13

Hazardous Waste (not authorized)1.4.14This facility is not authorized to dispose of hazardous waste under the terms andconditions of this permit.

1.4.15

Operator Certification1.4.16All land application activities must be done by or under the supervision of aType IV certified operator. All information submitted to the MPCA related toland application must be completed and signed by a Type IV certified operator.

1.4.17

Personnel Training1.4.18Facility personnel must successfully complete a program of classroom instructionor on-the-job training to maintain compliance with Minn. R. 7035.2525 to7035.2915.

1.4.19

Storm Water Management System1.4.20The Permittee shall operate and maintain the stormwater management system forthe facility with Best Management Practices to manage stormwater discharges inaccordance with the NPDES Permit for the discharge of stormwater associatedwith an industrial activity and/or a construction activity.

1.4.21





TOTAL FACILITY

Operating and Maintenance CriteriaGround Water Quality, Surface Water Quality, Air Quality, and Soil Protection1.4.22

The Permittee must operate and maintain the facilities authorized by this permitto prevent pollution of groundwater and surfacewater, minimize thecontamination of soils from solid waste, and maintain the facility in conformancewith MPCA air pollution control rules in accordance with Minn. R. 7035.2565.

1.4.23

Operating Record1.4.24The Permittee must keep a written operating record at the facility in accordancewith Minn. R. 7035.2575.

1.4.25

1.5 Monitoring CriteriaSampling and Analysis1.5.1

Samples and measurement required by this permit shall be representative of themonitored activity and shall be analyzed by a laboratory appropriately certifiedby the Minnesota Department of Health.

1.5.2

All monitoring and analytical instruments used to monitor as required by thispermit shall be calibrated and maintained at a frequency necessary to ensureaccuracy. The Permittee shall maintain written records of all calibrations andmaintenance.

1.5.3

The "sample type," "sampling frequency" and "effective period" identified ineither Table 4, Table 5, or Table 6 as applicable in accordance with this permit,together designate the minimum required monitoring frequency. Consistent withthe terms and conditions of Minn. R. 7001.1090, subp. 1.E. if the Permitteemonitors more frequently than required by this permit, the results and frequencyof monitoring shall be reported on the annual report form for that reportingperiod.

1.5.4

Analytical Requirements for Specific Industrial By-Products1.5.5The Permittee shall monitor specific industrial by-products for the analyte andfrequency specified indicated in the Tables Section, Table 5 of this permit whenan industrial by-product is land applied. If a specific industrial by-product is notland applied in a given cropping year, analysis is not required. For any unlistedsolid waste materials, the requirements of the MPCA approval shall be met.

1.5.6

Soil Testing Requirements1.5.7Soil testing must be conducted at each site that an industrial by-product is landapplied before the site is used for the first time and each cropping year the site isused. A minimum of one composite sample per site is required. On sites whichare greater than 40 acres in size, a minimum of one composite sample is requiredfor each 40 acre portion of the site. On sites where Versa Lime will be landapplied, a minimum of one composite sample will be collected for every 160acres. Soil samples must be collected and analyzed prior to industrial by-productapplication for the parameters listed in this Permit, Table 6, Soil AnalysisRequirements and Associated Limits.

1.5.8





TOTAL FACILITY

1.6 Reporting CriteriaAnnual Facility Report1.6.1

An annual facility report for the preceding calendar year must be submitted to theCommissioner by February 1 of each year. The report must include theinformation identified in Minn. R. 7035.2585 and include summary evaluationreports and specific annual reporting requirements for each waste activity.

1.6.2

Annual Facility Report:Reporting for Land Application of Industrial By-Products1.6.3The Permittee shall include as part of the Annual Facility Report a discussion ofall the land application activities for the past cropping year on a form approvedby the Commissioner as part of the industrial solid waste management plan. TheAnnual Facility Report must include the following information:

1.6.4

The total quantity of each industrial by-product land applied during the croppingyear or if none is applied, it should be so indicated on the form.

1.6.5

Results of all analysis conducted and the average of these analyses.1.6.6Application site information including the crops grown, the realistic crop yieldgoal, the months the site was used, the soil testing results, the application rate ofeach by-product, the application rate for available nitrogen and if applicablephosphorus, and a description of any management problems associated with landapplication that occurred during the cropping year and how these problems havebeen or will be resolved.

1.6.7

The total quantity of material used for construction projects.1.6.8The total quantity of material used for reclamation projects.1.6.9For all fields where industrial by-products are land applied the total nitrogenapplied on each field from all waste sources including carry-over nitrogen fromapplication of wastewater, manure, supplemental fertilizers and any other sourceof available Nitrogen.

1.6.10

Electronic Data Reporting1.6.11The Permittee shall submit an electronic copy of all water quality monitoring datafor each monitoring event. Electronic data must be submitted in the formatoutlined in the MPCA Solid Waste Program Electronic Laboratory DataSubmittal Manual which can be found on the MPCA Solid Waste Permittingwebpage at http://www.pca.state.mn.us/waste/swpermits.html#data. Theschedule for submitting electronic copies of monitoring data shall follow theschedule outlined for monitoring reports as identified in the Required Actions andSubmittals Table(s) of this permit.

1.6.12

Unless specifically directed by the Commissioner, the submittal of a paper copyof all water monitoring reports as outlined in the Required Actions andSubmittals Table(s) is still required.

1.6.13





TOTAL FACILITY

Reporting CriteriaMonitoring Station Location Information1.6.14

Location and elevation data shall be collected for all monitoring stations. Prior tocollecting this information, a work plan shall be submitted for Commissionerapproval, which outlines the proposed methods to be used. Location data must besubmitted in latitude/longitude coordinates and the datum used must be identified.Elevation data for monitoring wells must include the elevation of the riser pipeand ground surface. The depth of the well from the top of the riser pipe must alsobe identified. If existing data is being reported, the surveying method and datumused to collect the information must be identified.

1.6.15

1.7 Contingency Action CriteriaContingency Action Plan1.7.1

The Permittee shall address all facility waste activities in the approved plan inaccordance with Minn. R. 7035.2615 and the terms and conditions of this permit.

1.7.2

Emergency Preparedness and Prevention1.7.3The Permittee must design, construct, maintain, and operate a facility, whereapplicable, to minimize the possibility of a fire, explosion, or any release to air,land, or water of pollutants that threaten human health and the environment inaccordance with Minn. R. 7035.2595.

1.7.4

Emergency Procedures1.7.5The Permittee must take all reasonable containment measures during anemergency and submit a written report to the Commissioner in accordance withMinn. R. 7035.2605.

1.7.6

1.8 Closure CriteriaClosure Plan1.8.1

The Permittee must close the facility and each waste activity in accordance withthe terms and conditions of this permit and applicable Minnesota rules andrequirements. As may be necessary and reasonable to assure that Minnesota rulesand requirements are met, the Commissioner may require submittal of a closureplan. Upon approval of such plan, the Permittee shall implement the plan.

1.8.2

1.9 General ConditionsRelease1.9.1

The MPCA's issuance of a permit does not release the Permittee from anyliability, penalty, or duty imposed by Minnesota or federal statutes, orregulations, or local ordinances including, but not limited to, those promulgatedpursuant to Minn. Stat. chs. 115, 115A, 116, 400 and 473. This permit shall bepermissive only and shall not be construed as estopping or limiting any claimsagainst the Permittee, its agents, contractors, or assigns, nor as estopping orlimiting any legal claims of the state against the Permittee, its agents, contractors,or assigns for damages to state property, or for any violation of the terms of thispermit.

1.9.2





TOTAL FACILITY

General ConditionsFuture Changes1.9.3

The MPCA's issuance of a permit does not prevent the future adoption by theMPCA of pollution control rules, standards, or enforcement orders more stringentthan those now in existence and does not prevent the enforcement of these rules,standards, or enforcement orders against the Permittee.

1.9.4

Rights and Privilege1.9.5This permit does not convey any property rights in either real or personalproperty, or any exclusive privileges, nor does it authorize any injury to privateproperty or any invasion of personal rights, nor any infringement of federal, stateor local laws or rules. See Minn. R. 7001.0150, subp. 3.C.

1.9.6

Enforcement1.9.7The MPCA's issuance of a permit does not obligate the MPCA to enforce locallaws, rules or plans beyond that authorized by Minnesota statutes.

1.9.8

Performance1.9.9The Permittee shall perform the actions or conduct the activity authorized by thepermit in accordance with the submittals and specifications approved by theMPCA and in compliance with the conditions of the permit.

1.9.10

Operation and Maintenance1.9.11The Permittee shall at all times properly operate and maintain the facilities andsystems of treatment and control and the appurtenances related to them which areinstalled or used by the Permittee to achieve compliance with the terms andconditions of this permit. Proper operation and maintenance includes effectiveperformance, adequate funding, adequate operator staffing and training, andadequate laboratory and process controls, including appropriate quality assuranceprocedures. The Permittee shall install and maintain appropriate backup orauxiliary facilities if these facilities are necessary to achieve compliance with theconditions of the permit and, for all permits other than hazardous waste facilitypermits, if these backup or auxiliary facilities are technically and economicallyfeasible.

1.9.12

Timely Information Submittal1.9.13The Permittee shall, when requested by the Commissioner, submit within areasonable time the information and reports that are relevant to the control ofpollution regarding the construction, modification, or operation of the facility ascovered by this permit or regarding the conduct of the activity covered by thispermit.

1.9.14





TOTAL FACILITY

General ConditionsAccess1.9.15

Consistent with Minn. Stat. chs. 115.04, 115B.17, subd. 4, 116.091, and theSection 308 of the Clean Water Act and upon presentation of proper credentials,the Permittee shall allow the MPCA, or an authorized employee or agent of theMPCA, to enter at reasonable times upon the property of the Permittee toexamine and copy books, papers, records, or memoranda pertaining to theconstruction, modification, or operation of the facility covered by this permit orpertaining to the activity covered by this permit; and to conduct surveys andinvestigations, including sampling or monitoring, pertaining to the construction,modification, or operation of the facilities covered by this permit or pertaining tothe activities covered by this permit.

1.9.16

Compliance Responsibility1.9.17The Permittee shall perform the actions or conduct the activity authorized by thepermit in accordance with the plans and specifications approved by the agency,the permit application and related information and in compliance with theconditions of the permit (See Minn. R. 7001.0150, subp. 3. E.).

1.9.18

Discovery of Noncompliance1.9.19If the Permittee discovers, through any means, including notification by theMPCA, that noncompliance with a condition of the permit or any release orunauthorized discharge has occurred, the Permittee shall take all reasonable stepsto minimize the adverse impacts on human health, public drinking water supplies,or the environment resulting from the noncompliance and conduct any necessarysampling and analysis to verify the extent of noncompliance or quality or impactof the release or discharge to the environment.

1.9.20

Noncompliance1.9.21Noncompliance with the requirements of this permit subjects the Permittee topenalties provided by federal and state law including monetary penalties and/orimprisonment. See Minn. R. 7001.1090, subp. 1.B.; 33 U.S.C., section 1319;Minn. Stat ch. 115.071.

1.9.22

Notification of Noncompliance1.9.23If the Permittee discovers that noncompliance with a condition of the permit hasoccurred which could endanger human health, public drinking water supplies, orthe environment, the Permittee shall, within 24 hours of the discovery of thenoncompliance, orally notify the Commissioner. Within five (5) days of thediscovery of the noncompliance, the Permittee shall submit to the Commissionera written description of the noncompliance; the cause of the noncompliance; theexact dates of the period of the noncompliance; if the noncompliance has notbeen corrected, the anticipated time it is expected to continue; and steps taken orplanned to reduce, eliminate, and prevent recurrence of the noncompliance.

1.9.24





TOTAL FACILITY

General ConditionsLimitations Violations: If sampling by the Permittee indicates a violation of anysurface water or ground water limitations specified in this permit, the Permitteeshall immediately make every effort to verify the violation by collectingadditional samples; if appropriate, investigate the cause of the violation; and takeaction to prevent future violations. Violations that are determined to pose a threatto human health or a drinking water supply, or represent a significant risk to theenvironment, shall be immediately reported to the Minnesota Department ofPublic Safety Duty Officer at 1-800-442-0798 or 651-649-5451 (metro area). Inaddition, you may also contact the MPCA during normal business hours.Otherwise the violations and the results of any additional sampling shall berecorded on the next appropriate monitoring report.

1.9.25

General Record Keeping Requirements (Retention of Records)1.9.26The Permittee shall maintain records for each sample and measurement. Therecords shall include the following information:

1.9.27

The exact place, date and time of the sample measurement;1.9.28The date of analysis;1.9.29The name of the person who performed the sample collection, measurement,analysis, or calculations;

1.9.30

The analytical techniques, procedures and methods used; and1.9.31The results of the analysis.1.9.32The Permittee shall keep the records required by this permit for at leastfive years, including any calculations, original recordings from automaticmonitoring instruments, and laboratory sheets. The Permittee shall extend theserecords retention periods upon request of the Commissioner and/or during thecourse of an unresolved enforcement action (See Minn. R. 7001.0150subp. 3.H.).

1.9.33

Except for data determined to be confidential according to Minn. Stat.Section 116.075, subd. 2, all reports required by this permit shall be available forpublic inspection at the MPCA St. Paul office. Industrial by-product analyticaldata shall not generally be considered confidential. Confidential material shall besubmitted according to Minn. R. 7000.1300.

1.9.34

The Permittee shall provide the MPCA with any relevant information requestedto determine permit compliance. See Minn. R. 7001.0150, subp. 3.H.

1.9.35

Addtional Record Keeping Requirements for Land Application1.9.36Unless otherwise informed by the Commissioner, the Permittee shall maintainrecords at the facility for a minimum period of five years as follows:

1.9.37

A copy of the land application notification form for each site or a form whichcontains the same information and a map which identifies the exact site location.

1.9.38

The maximum allowable industrial by-product application rate for each site beingused during the current cropping year.

1.9.39

The daily hauling records which indicate quantities transferred to storage or landapplied with the storage or site location identified.

1.9.40





TOTAL FACILITY

General ConditionsA running total of the quantity of industrial by-product applied on each site forthe given cropping year.

1.9.41

Sampling and calibration records as identified in the plan for sampling, analysis,and calibration of field equipment.

1.9.42

Any process controls that require tracking by this permit.1.9.43All information necessary to prepare the Annual Facility Report and any otherreported information.

1.9.44

A copy of the written information provided to each end user of the industrialby-product.

1.9.45

A copy of written information provided to each city, county, and township inaccordance with Part 3.3.3 and 3.3.4, End User Information and Part 3.3.17through 3.3.19, Type 3 Industrial By-Products Site Selection and Use Procedures,as required by the terms and conditions of this permit.

1.9.46

Any approved plans or special approval required by or obtained as a result of theconditions required by this permit.

1.9.47

Reporting Requirements1.9.48The Permittee shall report values less than the level of detection as "<" the valueof the level of detection. For example, if a parameter is not detected at adetection level of 0.1 mg/L, the concentration shall be reported as "< 0.1 mg/L."Nondetected," "undetected," "below detection limit" and "zero" are unacceptablereporting results, and constitute permit reporting violations.

1.9.49

The Permittee shall submit a written description of any spill, or permit violationduring the cropping year to the MPCA within 30 days of the discovery of thenoncompliance. This description shall include the items indicated in Parts 1.9.51through 1.9.58 as follows:

1.9.50

A description of the permit violation or spill, including quantity spilled, locationof the spill and monitoring results;

1.9.51

Cause of the event;1.9.52Steps taken to reduce, eliminate and prevent reoccurrence of the event;1.9.53Exact dates and times of the event; and1.9.54Steps taken to reduce any adverse impact resulting from the event (see Minn.R. 7001.0150, subp. 3.K.).

1.9.55

The Permittee or the duly authorized representative of the Permittee shall sign thereports and documents submitted to the MPCA by the Permittee. Annual reportsshall be signed by both a Type IV certified operator and the Permittee'sauthorized representative (See Minn. R. 7001.0150, subp. 2.D.).

1.9.56

The Permittee may not knowingly make a false or misleading statement,representation, or certification in a record, report, plan or other documentrequired to be submitted to the agency by this permit. The Permittee shallimmediately upon discovery report to the MPCA an error or omission in theserecords, reports, plans or other documents.

1.9.57





TOTAL FACILITY

General Conditions A person who knowingly makes a false statement on a report, or tampers with amonitoring device or method, is subject to criminal and civil penalties (See Minn.R. 7001.0190, subp. 1.G. and H.).

1.9.58

Alterations1.9.59The Permittee shall give advance notice to the Commissioner as soon as possibleof planned physical alterations or additions to the permitted facility or activitythat may result in noncompliance with a Minnesota or federal pollution controlstatute or rule or condition of this permit.

1.9.60

Transferability1.9.61This permit is not transferable to any person without the express written approvalof the MPCA after compliance with the requirements of Minn. R. 7001.0190. Aperson to whom the permit has been transferred shall comply with the conditionsof this permit.

1.9.62

Responsibility for Damage1.9.63This permit authorizes the Permittee to perform the activities described in thispermit under the conditions of this permit. In issuing this permit, the state andMPCA assume no responsibility for damage to persons, property, or theenvironment caused by the activities of the Permittee in the conduct of its actions,including those activities authorized, directed, or undertaken under this permit.To the extent the state and MPCA may be liable for the activities of itsemployees, that liability is explicitly limited to that provided in the Tort ClaimsAct, Minn. Stat. ch. 3.736.

1.9.64

Incorporation by Reference (Federal Water Pollution Control Act and MinnesotaPermitting Rule Permits and Certifications)

1.9.65

The Permittee shall comply with the provisions of 40 CFR Sections 122.41 and122.42, Minn. R. 7001.0150, subp. 3 and 7001.1090 which are incorporated intothis permit by reference and are enforceable parts of this permit.

1.9.66

Modifying or Revoking Permit1.9.67The Commissioner may commence proceedings to modify or revoke this permitduring its term if cause exists under Minn. R. 7001.0170 to 7001.0180. Thispermit may be modified, suspended or revoked for reasons including thefollowing:

1.9.68

A violation of permit requirements.1.9.69Misrepresentation or failure to disclose fully all information relevant to obtainingthe permit.

1.9.70

A change in a condition that alters the industrial by-product.1.9.71The establishment of a new or amended pollution standard or limitation that isapplicable to the permitted facility or activity.

1.9.72

Failure to pay permit fees.1.9.73Other reasons listed in Minn. R. 7001.0170.1.9.74





TOTAL FACILITY

General ConditionsPermit Modifications1.9.75

Changes to the facility or operation of the facility may require a permitmodification. The Permittee shall submit an application describing the changesto the facility or operation to the MPCA and receive a permit modification priorto implementing the changes. The Permittee must submit an application forpermit modification in accordance with Minn. R. 7002.0250.

1.9.76

The procedures set forth in Minn. R. 7001.0130, including public notice, apply toapplications for permit modification, with the following exceptions:

1.9.77

Modification solely of ownership or control as described in Minn. R. 7001.0190,subp. 2.

1.9.78

Minor modifications as described in Minn. R. 7001.0190, subp. 3.1.9.79Conditions for Permit Reissuance1.9.80

The Permittee shall submit an application for reissuance at least 180 days beforeexpiration of this permit (See Minn. R. 7001.0040, subp. 3.).

1.9.81

If the Permittee has submitted a timely application for permit reissuance, thePermittee may continue to conduct the activities authorized by this permit, inaccordance with and subject to the requirements Minn. R. 7001.0160. If thePermittee does not intend to continue the activities authorized by this permit afterthe expiration date of this permit, the Permittee shall provide a writtennotification of this intention. If the Permittee elects not to continue permittedactivities, or if the MPCA does not reissue the permit, the MPCA may require thePermittee to apply for reissuance or a major modification of this permit toauthorize facility closure.

1.9.82

Severability1.9.83The provisions of this permit are severable. If any provision of this permit is heldinvalid, the remainder of this permit shall not be affected thereby.

1.9.84

Extensions1.9.85The Permittee may request an extension of the compliance or submittal dates setforth in this permit including the submittal and monitoring dates. The requestmust include justification for requesting the extension of the date. Based on thejustification, the Commissioner may grant an extension.

1.9.86

Term of Permit1.9.87This permit is valid until the expiration date unless revoked or modified by theMPCA pursuant to Minn. R. 7001.0170 to 7001.0180.

1.9.88

Financial Assurance1.9.89At the time of issuance of this permit, the Permittee is not required to establishand maintain financial assurance in accordance with Minn. R. 7035.2665 to7035.2805 for the facilities described and permitted under this permit. TheCommissioner reserves the right to require financial assurance at the facilityshould future conditions warrant.

1.9.90





TOTAL FACILITY

General ConditionsThe Permittee may not start treatment, storage, or disposal of solid waste in a newsolid waste management facility or in a modified portion of an existing solidwaste management facility until the Commissioner has evaluated and asnecessary consistent with applicable rules approved the financial assuranceamount and instrument to be used for the facility in accordance with Minn.R. 7035.2665 to 7035.2805 if applicable.

1.9.91





2. INDUSTRIAL WASTE DISPOSAL AREA IL 001

2.1 Operating and Maintenance CriteriaDescription of Operations: Mud Pond Solids Treatment Unit2.1.1

This permit authorizes the Permittee to construct and operate a mud pond solidstreatment unit as initially described in the MPCA approval letter datedSeptember 30, 2005, of the document titled, "Application for Amendment toLand Application Permit" submitted by Wenck and Associates, dated September2004 and an amendment to that document dated October 19, 2005. This permitadditionally authorizes changes in the construction and operation of the mudpond solids treatment unit as outlined in the document titled "Application forSolid Waste Management Facility Permit Modification" prepared by Wenck andAssociates and dated August 2012.

2.1.2

Four bermed fields (160 acres, 120 acres, 120 acres, 120 acres) will besequentially used to treat and reduce mud pond solids available nitrogen levels tobelow 200 pounds per acre. In accordance with the terms and conditions of thispermit, surface water runoff from the mud pond solids treatment units will becollected and treated. Soil and groundwater monitoring are also required at andaround the mud pond solids treatment units.

2.1.3

Mud Pond Solids Treatment Units2.1.4Mud pond solids shall be managed in accordance with the MPCA applicationdated August 23, 2012 (received May 3, 2013), of the document titled,"Application for Solid Waste Management Facility Permit Modification"prepared by Wenck and Associates, Inc., dated August 2012.

2.1.5

The maximum nitrogen application rate to each of the plots in the mud pondsolids treatment units shall not exceed a total of 2000 pounds per acre while mudpond solids are being treated or six inches of mud pond solids per plot per year,whichever is the lesser amount of nitrogen. Mud pond solids treatment units shallnot be reused for the remediation of additional mud pond solids until soilsampling has indicated the available nitrogen in the soil has decreased below 200pounds per acre.

2.1.6

Mud pond solids must be uniformly applied over the entire treatment area within48 hours of application. Mud pond solids applied during snow cover or when thesoil is frozen shall be incorporated as soon as practicable the following springwhen weather, climatic conditions and soil moisture content allow.

2.1.7

Each of the plots comprising the mud pond solids treatment unit must be bermed,and stormwater collected and treated by routing the stormwater runoff to theAmerican Crystal Sugar Crookston industrial pond system for the Crookston MudSolids Treatment Units, land applying the stormwater in accordance with anMPCA approved State Disposal System Permit, or treating and discharging thestormwater in accordance with an MPCA approved NPDES Permit.

2.1.8





INDUSTRIAL WASTE DISPOSAL AREA IL 001

Operating and Maintenance CriteriaMud pond solids shall not be applied to any area of the mud pond solidstreatment unit where water is standing or where the mud pond solids treatmentunit is subject to ponding. All standing water must be removed from the mudpond solids treatment unit prior to application of mud pond solids. Standingwater shall not remain in the mud pond solids treatment unit more than 72 hours,except for the low areas which are designated for control of surface water run-onand runoff.

2.1.9

Due to high moisture and nitrogen concentration in the mud pond solids, the firstyear after application of mud pond solids the land may be left fallow. In thesecond and third year subsequent to application of mud pond solids, a crop thatmaximizes nitrogen uptake, such as wheat or corn, shall be planted andcultivated. At the end of each growing season the crop shall be harvested.

2.1.10

The treatment plot where the land application is occurring must be clearlyidentified with flags, stakes or some similar method of identification.

2.1.11

Groundwater monitoring at the mud pond solids treatment unit must be conductedin accordance with the MPCA approved Sampling and Analysis Plan.

2.1.12

The Permittee shall transport all mud pond solids to minimize leakage to themaximum practicable extent. The Permittee shall clean and remove any mudpond solids spillage which occurs during transport of the mud pond solids.

2.1.13

2.2 Reporting CriteriaAnnual Groundwater Monitoring Report2.2.1

The permittee must submit an annual groundwater monitoring report inaccordance with MR 7035.2815 subp 14.Q. to include the Fall groundwatermonitoring results of the monitoring wells specified in this permit.

2.2.2





3. SOLID WASTE RECYCLING AREA RE 001

3.1 Permit DocumentsDescription3.1.1

"Solid Waste Recycling Area" is also named herein "Industrial By-ProductsRecycling Area" and each name for the purpose of this permit is defined as aparcel of land or a farmers field, other than the mud pond solids treatment units,where land application of either Type 2, Type 3 or Default Type 3 IndustrialBy-Products occurs or has occurred.

3.1.2

3.2 Design and Construction CriteriaDesign Requirements3.2.1

The Permittee must design and construct in accordance with the terms andconditions of this permit.

3.2.2

3.3 Operating and Maintenance CriteriaOperation Requirements3.3.1

The Permittee of industrial by-product land application facilities must complywith the applicable operation requirements of Minn. R. 7035.2860 and asnecessary be in accordance with Minn. R. 7035.2845, subp. 4 and Minn. R. 7041.

3.3.2

End User Information3.3.3For each land application site used for the Permittee's disposal of an industrialby-product, the Permittee, at a minimum, must supply the end user with theminimum information necessary to assure that the requirements of this permit aremet. At a minimum this includes information such as actual nutrient applicationrates, any restrictions on the industrial by-product use, crop restrictions, and/orapplicable requirements of this permit. The end user must be provided with thisinformation in writing as soon as possible and in no case more than six weeksafter application of industrial by-products has been completed. End users shouldtake appropriate credits for all plant nutrients supplied by industrial andmunicipal by-products, manures, and fertilizers so that the maximum allowableapplications rates are not exceeded.

3.3.4

Land Application Site Suitability Criteria3.3.5The criteria in this section detail the suitability of land application sites for thereceiving and land application of industrial by-products in accordance with theterms and conditions of this permit. The Permittee must comply with theappropriate criteria contained in this permit for a land application site to besuitable for the application of industrial by-products.

3.3.6

Soil Characteristics: An application site shall be considered suitable if the site isused for growing a crop which is harvested and removed during the cropping yearthat the industrial by-product is land applied. If the site does not meet thiscondition, or the application site is set aside land, pasture land, non-agriculturalland, or the material being applied is a Type 3 Industrial By-Product, all the soilsuitability criteria indicated in Table 7 of this permit apply.

3.3.7





SOLID WASTE RECYCLING AREA RE 001

Operating and Maintenance CriteriaSlope Restrictions: The slope restrictions in Table 8 of this permit apply to allsites used for land application of industrial by-products.

3.3.8

Separation Distances: The minimum separation distances from land applicationsites of natural and manmade features for land application methods for Type 2Industrial By-Products are indicated in Table 9 of this permit and for Type 3Industrial By-Products in Tables 9 and 10 of this permit.

3.3.9

Highly Permeable Soils: Soil types that are classified as "highly permeable" mustmeet the following additional suitability criteria at all land application sites:

3.3.10

A minimum depth of five feet must be maintained to the seasonal high watertable. If the field is drained by a drainage tile, the depth to the tile is consideredthe depth to the seasonal high water table. Drainage tile must be adequate toensure a separation distance of five feet from the water table to the soil surface.Maps of the tiling system must be provided indicating their depth and placementin the field. Water tables classified as perched or epi-saturated by the NaturalResources Conservation Service shall not be considered the seasonal high watertable.

3.3.11

A minimum depth of five feet to bedrock from the soil surface must bemaintained throughout the site.

3.3.12

Type 2 Industrial By-Products Site Selection and Use Procedures3.3.13The Permittee shall determine the suitability of the site for industrial by-productapplication to the soils. The following procedures must be followed before a sitecan be used for the first time:

3.3.14

A determination that the site meets the soil sampling requirements in Part 1.5.7and 1.5.8 of this permit and the Land Application Site Suitability Criteria inPart 3.3.5 through 3.3.12 of this permit.

3.3.15

Submittal of a completed Land Application Notification Form or an approvedequivalent form to the MPCA (See Part 1.6.3 and 1.6.4, Annual Facility Report:Reporting for Land Application of Industrial By-Products).

3.3.16

Type 3 and Type 3 Default Industrial By-Products Site Selection and Use Procedures3.3.17The Permittee shall determine the suitability of the site for industrial by-productapplication to the soils. In addition to the site selection and use proceduresrequired in this permit for Type 2 Industrial By-Products; for by-products beingmanaged as a Type 3 Industrial By-Product, the Permittee must submit a requestto the MPCA for approval of the site and obtain approval of the site in writingbefore land application. MPCA approval of a site for Type 3 IndustrialBy-Product land application shall not be given until 30 days after notification ofthe county, township, and city officials as required by this permit.

3.3.18

Subsequent applications to the same site do not require this approval procedure tobe followed.

3.3.19






Operating and Maintenance CriteriaSite Restrictions for Type 3 Industrial By-Product3.3.20

Restrictions on crop harvest and access must be met on all land application siteswhen industrial by-products containing pathogens are land applied. Theserestrictions are indicated in Table 11 of this permit. If necessary, the Permitteemust properly post the site to assure these restrictions are met.

3.3.21

Site Management, Limitations and Restrictions for Industrial By-Products SupplyingNitrogen

3.3.22

The total quantity of nitrogen available for crop uptake during the cropping yearshall equal the sum of the available organic nitrogen, ammonia nitrogen and thenitrate nitrogen from all sources including available nitrogen from carry overnitrogen, wastewater, manure, supplemental fertilization or other sources ofavailable nitrogen.

3.3.23

The available organic nitrogen can be determined by one of either of two methodsas follows:

3.3.24

First, the total quantity of organic nitrogen present in the industrial by-productshall be considered 100% available during the cropping year it is applied andtherefore is equal to the available organic nitrogen.

3.3.25

Second, with the approval of the MPCA, the Permittee may determine theavailable organic nitrogen by either a labatory incubation study or fieldmineralization study. When using the laboratory incubation study the totalquantity of mineralized nitrogen shall be considered equal to the mineralizedorganic nitrogen in the cropping year it is applied (See Table 13). When usingthe field mineralization study, the total quantity of mineralized nitrogen shall beconsidered equal to the mineralized organic nitrogen during the cropping yearand the previous cropping year.

3.3.26

The ammonia nitrogen shall be 100% the ammonia nitrogen contained in theindustrial by-product when it is immediately injected or incorporated, or 75% ofthe ammonia nitrogen when it is surface applied without immediateincorporation.

3.3.27

The nitrate plus nitrite nitrogen will equal 100 % of the nitrate plus nitritenitrogen contained in the industrial by-product except that only ammonia nitrogenand nitrate nitrogen will be considered available in the mud press solids.

3.3.28

The total available nitrogen in mud solids that are land treated shall be the sum ofthe ammonia nitrogen and nitrate nitrogen.

3.3.29






Operating and Maintenance CriteriaMaximum Allowable Nitrogen Application Rates3.3.30

The maximum allowable nitrogen application rates shall be based onrecommendations from the University of Minnesota Extension ServicePublication "Fertilizer Recommendations for Agronomic Crops in Minnesotausing the soil nitrate test. These recommendations are based on soil analysis,realistic crop yield goals and previously grown crops. Table 12 contains theUniversity of Minnesota Extension Service recommendations for selected crops.If the maximum allowable nitrogen application rate is not available, the Permitteemay propose an available rate to the MPCA for review. The Permittee shallobtain approval by the Commissioner for use of the proposed rate before using it.

3.3.31

Industrial by-products shall not be applied at rates that cause the annualmaximum allowable nitrogen application rate to be exceeded. Maximumallowable nitrogen application rates must take into account all available nitrogensupplied by all sources including, but not limited to, other industrial andmunicipal by-products (biosolids, compost, septage, etc.) applied on the site.

3.3.32

To insure these rates are not exceeded, the Permittee must obtain all informationnecessary to determine allowable industrial by-product application rates for theend user and other parties land applying other by-products on the same site. Thisincludes obtaining information on manure and fertilizer management, andnutrient content and application rates of other industrial and municipalby-products. If a by-product does not supply more than 25 lbs/acre of availablenitrogen at its maximum application rate, then it may be applied withoutdetermining a MANA rate for the field.

3.3.33

Additional General Nitrogen Application Requirements (Carbon to Nitrogen ratio20:1 or less)

3.3.34

Industrial by-products with a carbon to nitrogen ratio of less than or equal to 20:1shall meet the following:

3.3.35

When no crop is grown on the application site between July 1 and August 31, thenitrogen application rate is limited to 50 pounds per acre of available nitrogen.The Permittee must credit all available nitrogen from the application to thefollowing cropping year and a crop must be grown on the application site thefollowing year. Available nitrogen applied to the application site must bedetermined by calculating the available nitrogen initially applied to the site andadding the first year carryover nitrogen when required to track carryovernitrogen.

3.3.36

The maximum application rate of an industrial by-product allowed after thesecond cutting of a hay crop shall not provide more than 50% of the maximumallowable nitrogen as required by this permit in Parts 3.3.30 through 3.3.33,Maximum Allowable Nitrogen Application Rates.

3.3.37






Operating and Maintenance CriteriaMaximum Application Rates for Specific Industrial By-Products3.3.38

The maximum allowable application rates for Beet Piling Site Cleanup, Weeds,Off-Specification Beet Pulp and Stormwater Basin Sediment is 100 wet tons peracre. The Permittee shall control the rate of application so that this applicationrate shall not cause other application rate limits contained within this permit to beexceeded.

3.3.39

The maximum application rate for mud press solids, re-screener dirt, rock/sandcatcher material, and remediated mud pond solids shall not exceed six inches peracre per year unless otherwise approved by the MPCA. The maximumapplication rate for Versa Lime is 10 wet tons per acre and application on any onefield may not occur more than once every three years. To obtain approval for ahigher application rate, the Permittee shall submit a plan for evaluating the effectsthat an increased application rate would have on the environment and the soilswhere the increased application would occur. The Permittee shall obtain MPCAwritten approval of the evaluation plan prior to conducting the evaluation. Onceresults of the evaluation are complete, the Permittee shall submit a summaryreport and if justified by the evaluation, a request for changing the maximumapplication rate. The Permittee must obtain written approval of the request priorto increasing these application rates.

3.3.40

Hydraulic Loading Rates for Liquid Industrial By-Products3.3.41The Permittee shall meet the hydraulic loading rate limits in Table 14 of thispermit to prevent ponding and runoff from land application sites.

3.3.42

The hydraulic loading limits specified in this section shall not cause any otherapplication rate limitation in this permit to be exceeded. These hydrauliclimitations may not be the only measures necessary to prevent runoff of industrialby-product particularly during Spring thaw. The Permittee shall consider, andwhen necessary implement, management practices which include but are notlimited to silt fences, berms and grass buffer strips to meet the requirement of norunoff of industrial by-product from the land application sites.

3.3.43

General Land Application and Construction Site Management Practices andRestrictions Applicable to Industrial By-Products

3.3.44

The Permittee shall meet the following land application or construction sitemanagement practices:

3.3.45

Industrial by-products must be immediately incorporated or injected on siteswhich are subject to flooding.

3.3.46

Application of industrial by-products is not permitted on areas that remain fallowfor the entire cropping year, except as authorized in Table 7.

3.3.47

Application of industrial by-products is not permitted on areas that remainponded with water or liquid industrial by-product.

3.3.48

Liquid industrial by-product must be incorporated or injected within 48 hourswhen applied on soil. The soil for such application shall have a surface horizonpermeability rate of less than 0.2 inches per hour.

3.3.49






Operating and Maintenance CriteriaIndustrial by-products shall not be applied by spraying from public roads oracross road right of ways without prior written approval of the Commissioner.

3.3.50

At the time of application, the application site must be clearly identified withflags, stakes or other easily seen markers to identify the site boundaries,separation distances, and unsuitable application areas within the site.

3.3.51

Except as otherwise required in this Part, all industrial by-products which areland applied must be uniformly distributed over the entire area of the applicationsite.

3.3.52

Runoff of industrial by-product is not permitted from the land application site.3.3.53Operator Certification3.3.54

The Permittee is required by this permit to have all land application activities bedone by or under the supervision of a Type IV certified operator. The Permitteeis required to have a Type IV certified operator complete and sign all informationsubmitted to the MPCA regarding the land application of industrial by-products.

3.3.55

Specific Requirements for Type 2 Beneficial Use in Construction and ReclamationProjects

3.3.56

The Permittee may use mud press solids, re-screener dirt, rock/sand catchermaterial and remediated mud pond solids for construction or reclamation projects.When conducting these projects, the Permittee is not required to meet therequirements of this permit contained in Parts 3.3.58 through 3.3.66 as follows:

3.3.57

Soil Testing Requirements, Parts 1.5.7 through 1.5.83.3.58Land Application Site Suitability Criteria, Parts 3.3.5 through 3.3.12;3.3.59Notification Procedure for County, Township and City For Type 2 and Type3Industrial By-Products, Parts 3.4.1 through 3.4.3;

3.3.60

Type 2 Industrial By-Products Site Selection and Use Procedures, Parts 3.3.13and 3.3.16;

3.3.61

End User Information, Parts 3.3.3 and 3.3.4;3.3.62Site management limitations and restrictions: including Site ManagementLimitations and Restrictions for Industrial By-Products Supplying Nitrogen(Part 3.3.22 through 3.3.29), Maximum Allowable Nitrogen Application Rates(Part 3.3.30 through 3.3.33), Additional General Nitrogen ApplicationRequirements (Carbon to Nitrogen Ratio 20:1 or less) (Part 3.3.34 through3.3.37), Maximum Application Rates for Specific Industrial By-Products(Part 3.3.38 through 3.3.40) and, Hydraulic Loading Rates for Liquid IndustrialBy-Products (Parts 3.3.41 through 3.3.43).

3.3.63

General Land Application and Construction Site Management Practices andRestrictions Applicable to Industrial By-Products, Parts 3.3.44 through 3.3.53;

3.3.64

Operator Certification, Parts 1.4.16 and 1.4.17 and Parts 3.3.54 through 3.3.55;and

3.3.65

Additional Record Keeping Requirements for Land Application, Parts 1.9.36through 1.9.47.

3.3.66






Operating and Maintenance CriteriaAt a minimum the Permittee shall maintain records of the total quantities utilizedfor each purpose, total quantities used at each project site, dates of use, andlocation of the project site.

3.3.67

The Permittee may use mud press solids, re-screener dirt, rock/sand catchermaterial and remediated mud pond solids as described in Parts 3.3.69 through3.3.70 as follows:

3.3.68

For Construction Uses: Mud press solids, re-screener dirt, rock/sand catchermaterial and remediated mud pond solids may be used for construction as atopsoil enhancement when done in accordance with MnDOT standardspecifications 2573 for temporary erosion control and 2575 for turf enhancement.

3.3.69

For Reclamation Uses: Mud press solids, re-screener dirt, rock/sand catchermaterial and remediated mud pond solids may be used for reclamation ofdisturbed lands where the topsoil has been removed provided this use is inaccordance with an MPCA approved plan. Prior to use of mud press solids,re-screener dirt, rock/sand catcher material and remediated mud pond solids inany reclamation project, the Permittee shall submit a plan which contains detailedinformation on the reclamation project. The Permittee must obtain Commissionerapproval for this plan prior to beginning the reclamation project.

3.3.70

3.4 Reporting CriteriaNotification Procedure for County, Township and City for Type 2 and Type 3Industrial By-Products

3.4.1

The first time the Permittee applies a Type 2 or Type 3 Industrial By-Productwithin a county, township or city, the Permittee shall notify the county solidwaste officer or county planning and zoning officer, whichever is appropriate tothe specific county, the township clerk, and the mayor or other appropriate cityofficial, of the intent to land apply the specified industrial by-product within theirjurisdictional boundaries.

3.4.2

Each notification must contain a description of how the industrial by-product willbe managed during land application, including how any temporary or long-termstorage facilities will be managed. Each notification shall also include a responsesection so the Permittee can respond to questions or comments from the partybeing notified of the proposed action. The purpose of the response section is toprovide an opportunity for local officials to request additional information (copiesof annual reports, testing information, etc.), inform the Permittee about anyordinances they must comply with, and inform the Permittee whether futurenotifications are necessary and if so, how, when and what information to submit.Versa Lime requires a one-time notification to the County in which it will beapplied.

3.4.3

Additional Notification Procedures for County, Township and City Type 3 IndustrialBy-Products

3.4.4

For Type 3 Industrial By-Products, each notification must also include thefollowing:

3.4.5






Reporting CriteriaA determination that the requirements of this permit contained in Soil TestingRequirements, Part 1.5.7 and 1.5.8 and the Land Application Site SuitabilityCriteria, Parts 3.3.5 through 3.3.12, are met; and

3.4.6

Submittal of a completed Land Application Notification form or a Commissionerapproved alternative.

3.4.7

For Type 3 Industrial By-Products, Commissioner approval shall be obtained inwriting before the site can be used for land application. At a minimum,Commissioner approval will not be given until 30 days after notification of theappropriate county, township, and city officials.

3.4.8

If any changes in the management of the industrial by-product described in thenotification occur, the notification process must be repeated.

3.4.9





4. SOLID WASTE STORAGE AREA ST 001

4.1 Design and Construction CriteriaLocation Standards4.1.1

The Permittee must meet the applicable location requirements in accordance withMinn. R. 7035.2855, subp. 2.

4.1.2

Design Requirements4.1.3The Permittee must meet the applicable design requirements in accordance withMinn. R. 7035.2855, subp. 3.

4.1.4

4.2 Operating and Maintenance CriteriaOperation Requirements4.2.1

The Permittee must meet the applicable operation requirements in accordancewith Minn. R. 7035.2855, subp. 3.

4.2.2

Inspection of Liners4.2.3The Permittee must meet the applicable requirements for the inspection of linersin accordance with Minn. R. 7035.2855, subp. 4.

4.2.4

Construction Inspection4.2.5The Permittee must meet the applicable construction inspection requirements inaccordance with Minn. R. 7035.2855, subp. 5.

4.2.6

Solid Waste Management Plan4.2.7The Permittee must manage industrial by-products as specified in the approvedplan in accordance with Minn. R. 7035.2535, subp. 5.

4.2.8

Storage Requirements:General4.2.9The Permittee is required to obtain Commissioner approval prior to constructionor operation of an industrial by-products storage facility except that the Permitteeis not required to obtain approval for Type 2 Industrial By-Products that meet therequirements indicated in this permit in Part 4.2.11 through 4.2.17, Short-TermStorage Requirements. The Permittee shall take effective measures to controlodors, flies, rodents, and other pests from all storage areas.

4.2.10

Short Term Storage Requirements4.2.11The Permittee shall meet the requirements for storage of Type 2 IndustrialBy-Products as follows:

4.2.12

Short-term storage shall not exceed 45 days at beet piling sites, land applicationsites and or construction sites.

4.2.13

The applicable notification requirements contained in Part 3.4.1 through 3.4.9 ofthis permit shall be met prior to an area being used for short-term storage for thefirst time.

4.2.14

The quantity of material stored at the land application or construction site shallnot exceed the quantity of material that can be applied at the site.

4.2.15

Separation distances from the storage area shall be the same as those required byTable 9 of this permit, except that short-term storage shall not occur within100 feet of any adjoining property without the written permission of the owner orwithin 100 feet of any road or drainage ditch.

4.2.16





SOLID WASTE STORAGE AREA ST 001

Operating and Maintenance CriteriaShort-term storage shall not take place on land with a slope greater than twopercent unless measures are taken to control runoff or the industrial by-product isbeing spread concurrent with unloading of bulk material and will not bestockpiled overnight.

4.2.17

Long-Term Storage Requirements4.2.18The Permittee may use long-term storage requirements listed herein for storage ofmud press solids, re-screener dirt, rock/sand catcher material and remediated mudpond solids, weeds and Versa lime provided the following requirements are met:

4.2.19

The Permittee shall obtain approval of all long-term storage locations prior totheir use except that long-term storage of Versa lime shall not require priorMPCA approval. Regarding Versa lime, items 4.2.28 and 4.2.31 do not apply forlong-term storage of Versa lime.

4.2.20

In accordance with Part 3.4 through 3.4.3 of this permit, the Permittee shallcomply with all local notification requirements prior to use of an area forlong-term storage.

4.2.21

Long-term storage of a dewatered by-product shall not exceed seven monthsunless approval for an extension is granted in writing from the MPCA.

4.2.22

The Permittee is authorized for long-term storage at land application and/orconstruction sites where the stored industrial by-product is to be land applied orused for construction except that long-term storage for multiple sites is allowedprovided all sites are owned by the same person and are within one-half mileradius from the long-term storage site.

4.2.23

The Permittee shall not conduct long-term storage for land application and/orconstruction for sites that are 40 acres or less unless the long-term storage siteis at least 400 feet from any private residences. For each additional 10 acresabove 40 acres, the separation distance shall increase by 100 feet except that amaximum separation distance no greater than 1,000 feet is required. ThePermittee may request a reduction in these minimum separation distancesprovided written approval is obtained from all persons residing within theseparation distance that would otherwise be required under this condition, and acopy of these approvals is forwarded to the Commissioner.

4.2.24

The Permittee shall not conduct long-term storage within 1,000 feet of anyresidential development or public contact site.

4.2.25

The Permittee shall not conduct long-term storage within 1,000 feet of anydowngradient surface waters, wetlands, tile inlets, or sinkholes unless adequatemeasures are taken to control runoff to these areas; in which case the separationdistance may be reduced to 200 feet.

4.2.26

The Permittee shall not conduct long-term storage on land with a greater than twopercent slope.

4.2.27






Operating and Maintenance CriteriaThe Permittee shall not conduct long-term storage where the texture of all the soilhorizons indicated in a site soil profile to a depth of five feet is a sandy loam orcoarser classification unless an impervious pad with a drainage collection systemis constructed under the long-term storage site.

4.2.28

The Permittee shall not conduct long-term storage at any site where the seasonalhigh water table is less than five feet.

4.2.29

The Permittee shall not conduct long-term storage at any site that is subject toflooding.

4.2.30

The Permittee shall not conduct long-term storage at the same site for two ormore consecutive years unless an impervious pad with a drainage collectionsystem is contructed at the site.

4.2.31

Requirements for Requests for Long-term Storage Site Approval4.2.32The Permittee shall submit to the Commissioner information as follows:4.2.33A discussion of the reasons why storage is necessary at this site.4.2.34The location of the storage site delineated on a USGS or county map.4.2.35The dimensions of the storage area.4.2.36The quantity of industrial by-product to be stored.4.2.37At least two soil borings taken to a depth of 10 feet at the perimeter of theproposed site including the requirements in Parts 1.5.7 through 1.5.8 Soil TestingRequirements.

4.2.38

The expected duration of storage before land application of the stored material.4.2.39A description of the precautions or practices taken to minimize or preventdrainage, runoff or nuisance conditions at the storage site consistent with therequirements of Part 1.3.14 and 1.3.15, Storm Water Management System, of thispermit.

4.2.40

Requirements for Permanent or Other Types of Storage4.2.41The Permittee, for any storage area that cannot meet the requirements forshort-term or long-term storage indicated in this permit shall meet the followingconditions:

4.2.42

Ground storage structures for containment of liquid industrial by-products shallbe designed to meet a maximum seepage rate of no greater than 500 gallons peracre per day. All other types of liquid storage facilities must be designed tocompletely contain the material so that no seepage occurs.

4.2.43

The Permittee, for any storage site of dewatered industrial by-product, mustdesign and construct a storage pad using paving materials such as asphalt,concrete, or other material that meets the maximum seepage rate requirements ofPart 4.2.43 and has a depth sufficient to bear the weight of unloading and loadingtrucks and equipment without cracking. The storage pad must be sloped andcurbed to collect all run-off water, and run-off water must be routed to awastewater treatment facility or used in a manner approved by the MPCAconsistent with the requirements of Part 1.3.14 and 1.3.15, Storm WaterManagement System, of this permit.

4.2.44






4.3 Closure CriteriaClosure4.3.1

The Permittee must properly remove and dispose or recycle all industrialby-products, solid waste and contaminated portions of storage areas inaccordance with Minn. R. 7035.2855, subp. 6.

4.3.2


LIMITS TABLE

American Crystal Sugar - Crookston - IBP

SW-655

11/25/2013

Permit

Facility:

Report Date:Comments:

DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT DRAFT

Standard Landfill Monitoring Periods:

Spring: Mar-28 to May-14

Summer: Jul-01 to Jul-31

Fall: Oct-01 to Oct-31

This Limits Table applies to the following stations:

D-1 , D-3 , MW-202 , MW-203 , MW-2S , MW-301 , MW-3S , P-204B

FrequencyAnalyte CAS/EMMI#

InterventionLimit Units Comments

FallStatic Water Level (Elevation, MSL) PCA-00-1 - ft

Page 1 of 3

LIMITS TABLE


SW-655

11/25/2013

Permit

Facility:








D-2 , D-4 , D-5 , MW-1S , MW-201 , MW-302 , MW-303 , MW-4S , MW-5S , MW-6S



FallAmmonia Nitrogen 766-44-17 - mg/L

FallDissolved Oxygen, Field T-1-05 - mg/L

FallEh (Oxidation potential) 4 - meq/L

FallNitrate + Nitrite C-0-05 2.5 mg/L

FallpH C-0-06 - SU

FallPhosphorus 772-31-40 - mg/L

FallSpecific Conductance C-0-11 - umho/cm

FallStatic Water Level (Elevation, MSL) PCA-00-1 - ug/L

FallTemperature T-1-21 - Deg C

FallTurbidity, Field G-0-19 - NTU

Page 2 of 3

LIMITS TABLE


SW-655

11/25/2013

Permit

Facility:








MW-204



FallStatic Water Level (Elevation, MSL) PCA-00-1 - Fib/L

Page 3 of 3

Required Actions and Submittals Table

Facility: American Crystal Sugar - Crookston - IBP

Permit SW-655

Action: PER002


Report Date: 11/25/2013

Total FacilitySubject Item I.D.

Required Actions/Submittals

Frequency/Due Date Action or Submittal Requirement

Submit Annual Facility Report An annual facility report for the preceding calendar year must be submitted to the Commissioner byFebruary 1 of each year. The report must include the information identified in Minn. R. 7035.2585 andinclude summary evaluation reports and specific annual reporting requirements for each waste activity.

Annually

IL001Subject Item I.D.

Required Actions/Submittals

Frequency/Due Date Action or Submittal Requirement

Submit Annual Water Monitoring Evaluation Report The permittee must submit an annual groundwater monitoring report in accordance with MR 7035.2815subp 14.Q. to include the Fall groundwater monitoring results of the monitoring wells specified in thispermit.

Annually

Page 1 of 1

Permit Issued: November 30, 2011

Permit Expires: November 29, 2016

Waste Capacity Table

Facility: American Crystal Sugar - Crookston - IBP

Permit SW-655

PER002Action:

WA ID Waste Activity Type StatusPermitted

Area UnitsPermittedCapacity Units

DesignCapacity Units Comments


Report Date: 11/25/2013

IL001 Industrial Waste Disposal Area Open 270.00 acres 100,000.00 100,000.00

RE001 Solid Waste Recycling Area Open 307.00 acres 165,000.00 tons/year 165,000.00 tons/year The acreage shown is for year2009 and can vary up or downannually

ST001 Solid Waste Storage Area Open 307.00 acres 165,000.00 tons/year 165,000.00 tons/year The acreage shown is for year2009 and can vary up or downannually.

Page 1 of 1

Permit Issued: November 30, 2011

Permit Expires: November 29, 2016