KS Dept Health & EnvironmentTO:
FROM: City Manager's Office
DATE:
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Source ID No. 1690059
KANSAS
DEPARTMENT OF HEALTH & ENVIRONMENT
BILL GRAVES, GOVERNOR
Clyde D. Graeber, Secretary
October 15, 2002
Mr. Dennis M. Kissinger
City Manager
City of Salina
300 West Ash Street
P.O. Box 736
Salina, Kansas 67402-0736
Re: Consent Agreement and Final Order of the Secretary for Case No. 02-E-0006
Dear Mr. Kissinger:
Enclosed with this letter is a copy of the Consent Agreement and Final Order (CAO) of the
Secretary for Case No. 02-E-0006, signed by Secretary Clyde D. Graeber, with an effective date of
October 11, 2002.
We appreciate your cooperativeness and assistance in resolving this matter. If you have any
additional questions in regard to this matter, please contact me at (785) 296-1104.
erely,
~E)avid A~. pi!r~ ~~
Environmental Engineer
Air Operating Permit and Compliance Section
DAP:saw
Enclosure
1000 SW Jackson, Suite 310
(785) 296-1570
DIVISION OF ENVIRONMENT
Bureau of Air & Radiation
Air Operating Permit & Compliance Section
Printed on Recycled Paper
Topeka, KS 66612-1366
FAX (785) 291-3953
BEFORE TI-~ KANSAS DEPARTMENT OF H~ALTH AND ENVIRONMENT
IN THE MATTER OF:
City of Salina
Salina Municipal Solid Waste Landfill
P.O. Box 736
Salina, KS 67402-0736
Source ID No. 1690059
Case No. 02-E-0006
CONSENT AGREEMENT AND FINAL ORDER OF THE SECRETARY
The parties hereto, the Kansas Department of Health and Environment (KDH]E) and the City o fSalina
(Salina) having agreedthat settlement of this matter is in the best interests of the parties and the public health
and the environment, hereby represent and state as follows:
JURISDICTION
1. The KDHE is a duly authorized agency of the State of Kansas created by an act of the legislature.
Tho Secretary of the KDIq]E (Secretary) has general jurisdiction over matters involving the
environment and the public health and safety of the people of Kansas, K.S.A. 65-101 et seq.,
including generaljur/sdiction of matters involving air quality pursuant to the Kansas Ak QualityAct,
K.S.A. 2001 Supp. 65-3001 et seq.
Salina is an incorporated city in the state of Kansas and is subject to K.S.A. 2001 Supp. 65-3001
et seq.
The Secretary has authority and jurisdiction to issue this Consent Agreement and Final Order of the
Secretary (CAO) and to enforce same. In any action by KDHE to enforce the terms of this CAO,
Salina agrees not to contest the authority or jurisdiction of the Secretary of KDHE to issue this CAO.
The terms of this CAO shall be construed by the law of the state of Kansas.
STATEMENT OF PURPOSE
o
In entering into this CAO it is the mutual objective o fKDHE and S alina to (1) resolve all claims against
Salina for all identified violations of the Kansas air quality act, K.S.A. 2001 Supp. 65-3001 et seq.
and regulations adopted thereunder, addressed in this CAO; and (2) assess an appropriate civil
penalty for those violations cited in the CAO.
PARTIES BOUND
This CAO shall apply to and be binding upon the parties, their agents, successors, and assigns and
upon all persons, contractors, and consultants acting under or for either the KDHE or Salina or both.
7. The parties agree to undertake all actions required ofthemby the terms and conditions of this CAO.
Notxvithst anding the terms of any contract, S alina is responsible for compliance with this CAO and
for insuring that its contractors and agents comply with this CAO.
The activities conducted under this CAO are su~ect to approval by KDHE. Salina shall provide all
necessary information consistent with this CAO requegted by KDHE.
LIABILITY
10.
Nothing in this CAO shall be construed as an admission of any fact or an acknowledgment of any
liabilityby any party. Nothing herein shall be legally binding or have any effect on the position of the
parties on any matter that may be included in any other agreements negotiated between them Neither
the State of Kansas, nor any agency thereo fshatl be held out as a party of any contract entered into
by Salina in carrying out activities pursuant to this CAO.
FI2NDINGS OF FACT
11.
The city of Salina owns and operates the Salina Municipal Solid Waste (MSW) Landfill, located at
4292 Burma Road, Salina, Kansas. Salina operates this facility under KDHE air quality Source ID
number 1690059.
12.
On or about June 30, 2000 Salina notified KDHE that its MSW landfill was subject to K.A.R. 28-19-
720 New Source Performance Standards (NSPS), which adopts by reference 40 C.F.R. Part 60
Subpart WWW, Standards of Performance for Municipal Solid W'aste Landfills. Salinareported that
its MSW landfill was modified in February 1994 and April 1998 whereby the maximum design
capacity was increased to approximately 9.1 rn/llion megagrams.
13.
Pursuant to 40 C.F.R. 60.757(a)(1)(ii), the oxvner or operator ofa MSWlandfill which has a design
capacity greater than or equal to 2.5 million cubic meters and 2.5 million megagrams; has undergone
construction, reconstruction or modification on or after May 30, 1991; and has accepted xvaste
anytime since November 8, 1987, must submit an initial design capacityreport to KDHE within 90
days after the date of commenced construction, modification, or reconstruction. KDHE received
Salina's initial design capacity report on or about July 17, 2000.
14.
Pursuant to 40 C.F.R. 60.752(c)(2), the owner or operator ofa MSW landfill subject to NSPS
WWW with a design capacity greater than or equal to 2.5 mill/on cubic meters and 2.5 million
megagrarns, is required to submit a Title V Operating Permit application no later than 90 days after
the date of commenced construction, modification, or reconstruct/on for MS W landfills that corrrnence
construction, modification, or reconstruction on or after March 12, 1996. KDI-IE received a Class
I Operating Permit application from Salina for their MSW landfill on or about April 11, 2000.
15.
Pursuant to 40 C. F.R. Part 60.752(b), the owner or operator of an MS W landfill which has a design
capacity greater than or equal to 2.5 million cubic meters and 2.5 million megagrams, must begin the
planning and installation of a gas collection system if the calculated emissions rate (Tier 1) is found to
be greater than 50 megagrams per year, or must subrn/t site-specific nonmethane organic compound
emissions (NMOC) calculations (Tier 2 or Tier 3). Pursuant to 40 C.F.R. 60.757(b)(1)(i)(B), the
owner or operator must submit the initial emissions rate report no later than 90 days after the date of
commenced construction, modification, or reconstructioi~ for landfills that commence construction,
modification, or reconstruction on or after March 12, 1996.
16.
On April 5,2001 KDHE met with representatives of Salina and representatives from Camp Dresser
and McKee, Inc., Salina's environmental consultant for their MSW landfill. During this meeting, the
current status of Salina's MSW landfill compliance with the Kansas air quality regulations was
discussed between the parties. The parties also discussed S alina's failure to submit an initial design
capacity report in a timely manner and failure to submit a Class I Air Emissions Operating Permit
application by the prescribed deadline. KDHE received an initial NMOC ernission rate report based
on Tier 1 analysis from S alina for their MS W landfill on June 10, 1996 indicating the NMOC mass
emission rate was estimated in excess of 50 megagrams per year. Salina had not submitted site-
specific nonmethane organic compound emissions (NMOC) calculations (Tier 2 or Tier 3), or begun
the planning and installation o fa gas collection system when the calculated emissions rate (Tier 1) was
found to be greater than 50 megagrams per year, as referenced in paragraph 15 above. Salina
indicated they would now initiate the performance of the Tier 2 calculations, as referenced in
paragraph 15 above, to determine the NMOC emission rate and, consequently, ifa gas collection and
control system would required for their MSW landfill.
17.
Tier 2 field testing and sampling activities began on'May 14,200 i at the Salina MSW landfill, and
KDHE staffwere on-site to observe some of the procedures during the sampling activities. KDHE
received the Tier 2 test report for the Salina MSW landfill on June 19,2001. The site-specific Tier
2 test report indicated the calculated estimated NMOC mass emission rate for 2001 was 9.78
megagrams per year. The estimatedpeak for NMOC emissions, calculated at 14.37 megagrams per
year, was calculated to occur in the year 2103.
18.
Based on the results o fSalina's Tier 2 test report, the installation o fan active landfill gas collection and
control system is not required by the regulations for the Salina MSW landfill at this time. Salina MS W
landfill is required to submit to KDI--[E an annual estimated NMOC emission rate report and to retest
the site-specific NMOC concentration every 5 years, as required by 40 C.F.R. Part 60.757(b)(1) for
this MSW landfill.
19.
20.
21.
22.
· 23.
24.
25.
On April 16,2001, KDHE received a Title V Operating Permit application from Camp Dresser and
McKee, Inc., on behalfo fSalina MSWlandfill. In reviewing the application it was discovered that
the S alina MS W landfill had installed in 1995, two 12,500 gallon above ground storage tanks used for
storing leachate generated fi.om the landfill. The tanks are identified as IA-LEACHTK1 and IA-
LEACHTK2 in the operating permit application. The tanks are subject to K.A.R.28-19-720,
adopting by reference 40 C.F.R. Part 60.11 Ob. A review of the application and KDHE files revealed
that the two tanks had been installed without first reporting and obtaining an air source emission
construction permit/approval from KDI-[E, as required by I<2 A.R. 28-19-300 and Salina MS W landfill
failed to reference this noncompliance in the submitted Title V Operating Permit application.
CONCLUSIONS OF LAW
Salina is a person within the meaning ofK. S.A. 2001 Supp. 65-30.02(0.
The Secretary of KDHE is author/zed to issue orders for compliance with air quality statutes and
regulations as set forth in K.S.A. 2001 Supp. 65-3011.
K.S.A. 2001 Supp. 65-3018 provides that the Secretary is authorized to impose civil penalties for
violations of any provision ofK. S.A. 2001 Supp. 65-3025.
K.S.-A. 2001 Supp. 65-3025 states it is unlawful for any person to violate any provision of an
approval or permit issued and any rule or regulation promulgated under the Kansas air quality act.
KA.R. 28-19-300(b)(3)(A) requires facilities subject to 40 C.F.R. Part 60.110b to obtain approval
from KDHE prior to construction or modification of a stationary source.
K.A.R. 28-19-511 (e) requires affected facilities that are required to submit any application form,
report or compliance certification submitted pursuant to the Kansas Air Regulations shall contain
certification by a responsible official of truth, accuracy, and completeness. The Secretary concludes
that the Class I air operating permit application submitted by S alina MSWlandfill in April 16, 2001
was based upon results of an extensive and comprehensive evaluation by Salina MSW landfill and
contracted personnel of the emissions units at this landfill and the regulatory applicability for each.
Furthermore, the Secretary affirms that the Class I air operating permit certification submitted by
S alina MSW landfill in April 16, 2001, did not reference and identify the noncompliance of the
construction permit and therefore was in violation ofK. A.R. 28-19-511 (e). Salina MSW landfill
states certification xvas based on the best knowledge, following an extensive and comprehensive
evaluation, available to the certifying official at the time of submittal.
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26.
K.A.R. 28-19-720 New Source Performance Standards (NSPS), which adopts by reference 40
C.F.R. Part 60 Subpart WWW, Standards of Performance for Municipal Solid Waste Landfills
requires the following:
Pursuant to K.A.R. 28-19-720, which adopts by reference 40 C.F.R. 60.752(c), the owner
or operator of each affected landfill is required to comply with the Title V operating permit
requirements of 40 C.F.R. Part 70 and submit a Title V (or Class I) operating perrrfit
application within 90 days of commencing modification.
Bo
Pursuant to K.A.R. 28-19-720, which adopts by reference 40 C.F.R. 60.757(a), the oxvner
or operator of an affected landfill is required to prepare and submit to KDHE an initial design
capacity report within 90 days of the commencing modification.
Co
Pursuant to K.A.R. 28-19-720, xvhich adopts by reference 40 C.F.R. 60.757(b), the owner
or operator of an affected landfill is required to submit an NMOC emission rate report to
KDHE within 90 days of commencing modification.
27.
Based on the above funding of facts and conclusions of law, the Secretary concludes that Salina has
violated K.A.R. 28-19-720 and K.S.A. 2001 Supp. 65-3025.
ASSESSMENT OF A CIVIL PENALTY
28.
Pursuant to K.S.A. 2001 Supp. 65-3018 and ICS.A. 2001 Supp. 65-3025, it is the intent of KDHE
to assess a civil penalty in this matter. In consideration of the facts surrounding this event, and that
S alina has been very cooperative in resolving this matter, KDI-[E has concluded that Salina must pay
a civil penalty in the amount of $2,000.00.
A check or money order in the amount of $2,000.00, made payable to the Kansas Department of
Health and Environment, is to be submitted to Mr. Vick Cooper, Bureau of Air and Radiation, Kansas
Department of Health and Environment, 1000 SW Jackson, Suite 310, Topeka, Kansas 66612-1366,
within 30 days of execution of this CAO by the parties.
29.
Failure or refusal to comply xvith this CAO, or any portion thereof, shall subject Salina to the
imposition of further civilpenalties and court action to enforce the terms of the CAO. Salina reserves
the fight to contest such penalties.
BEST PROFESSIONAL JUDGMENT
30.
The requirements of this CAO represent the best professional judgment of KDHE at this time based
on the available information. If circumstances change significantly so that data indicates an immediate
threat of danger to the public health or safety or the environment or a significantly different threat other
-!5-
than the alleged deficiencies addressed herein, then KDHE reserves the right to modify dates or
requirements herein as it deems reasonably necessary and Salina reserves the right to appeal any such
modifications or additional requirements.
OTHER CLAIMS AND PARTIES
31.
Nothing in this CAO shall constitute or be construed as a release for any claim, cause of action or
demand in la~v or equity against any person, firm, partnership, or corporation not a signatory to this
CAO for any liability it mayhave arising out of or relating in any way to the subject violations alleged
in this CAO.
32.
EFFECTIVE DATE, TERMINATION
This CAO shall become effective when signed by the Secretary of the Department of Health and
Environment.
33.
This CAO will be terminated upon xvr/tten notice by KDI-[E to Salina that all provisions of the CAO
have been completed. Such notice shall not be unreasonably withheld.
AUTHORIZATION OF SIGNATORIES TO EXECUTE THE CONSENT ORDER
34.
AND BEND THE PARTIES
The parties hereto have affixed their signatures on the dates inserted below to acknowledge their
agreement to this CAO. The signator/es to this CAO certify that they are author/zed to execute and
legally bind the parties they represent to this CAO.
Kansas Department of Health & Environment
Dennis M. Kissinger
Title: City Manager
City of Salina
October 8, 2002
Date
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