MINOR PERMIT ISSUANCE TOOLS




     CURRENT AND FUTURE
          U.S.  EPA




     OFFICE OF WATER








        APRIL  1986

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Appendix B

               Tools for Minor Permit Issuance


Management/Administration

     1.  Model NPDES Permit Format.

     2.  NPDES Permit Issuance Schedule, Michigan Surface Water
         Quality Division, Permits Section.

     3.  Industrial File Review, EP^ Reqion I.

     4.  Minor Municipal Permits - Selection Criteria and
         Management Information.

     5.  Procedures used to track General Permit Coverage - EPA
         Region I.

     6.  Priority Water Problem List - New York State Department
         of Environmental Conservation.

     7.  General Conditions, State Pollutant Discharge Elimination
         System (SPDES) Discharge Permit - New York State
         Department of Environmental Conservation.

     8.  MDSD Tools Available for Issuance of Minor Permits.

Industrial Permits

     1. Abstracts of Industrial NPDES Permits - July  1985 Edition

     2. Authorization to Discharge under the NPDES -  Permit Format,
        Michigan Water Resources Commission

Municipal Permits

     1.  Authorization to Discharge under the NPDES - sample
         oermit conditions for Secondary Treatment, Water
         Quality-Based Limits, Stable Effluent and Lagoons -
         Michigan Water Resources Commission

     2.  Personal Computer Program to Develop Secondary Redefi-
         nition Permit Limits.

General Permits

     1.  Draft General Permit Program Guidance, October 4, 1985.

     2.  General Permit for Coal Mining Activities in the Commonwealth
         of Kentucky - EPA Region  IV.

     3.  General Permit for Non-Contact Cooling Water - EP^ Region  I.

     4.  General Permit for Facultative Sewage Lagoons - Montana
         Department of Health and  Environmental Sciences.

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Attachment 2
              Future Tools Cor Minor Permit Issuance


1)  Personal Computer Program to Develop Permits in the Fruits
    & Vegetables Products Processing point source category,
    40 CFR 407

         Draft - 5/30/86
         Final - 9/30/86
2)  Model Permit for the Water Supply Industry

         Draft - 9/30/86
         Final - 11/20/86
3)  Guidance Cor the Sand and Gravel Industry (crushed stone)

         Draft - 9/30/86
         Final - 11/20/86

    Industrial Technology Division has lead responsibility for
    the guidance.
4)  Municipal Permit Expert System (Personal Computer Program)
    - under development until 9/30/86.  Final version will be
    available after field testing in  FY 87.

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                                                                        A 1
                                  ermit
                        MODEL NPDES PERMIT FORMAT


                   AUTHORIZATION TO DISCHARGE - UNDER THE

              NATIONAL  POLLUTANT DISCHAPGE ELIMINATION SYSTEM


      In comoliance with the  orovisions of the Federal Water Pollution
      cSn?r^? Act, as amended,  (33 U.S.C. 51251 et seq., hereinafter
      the --Clean  Water  Act",  or "Act") and attendant reflations
      incoroorated by the  U.S.  Environmental Protection Aaency under
      Title 40 of the Code of Federal  Regulations
                Name of Discharger)  (hereinafter  "Permittee")
is. authorized to discharqe from its (description of facility)
"located at

          (insert Address)-		.

to the receivinq waters named  (identify)
      to te rece                             	_	_
      in accordance with the effluent limitations,  monitoring
      requirements and other conditions set forth-in  Parts  I,  IT,
      and III herein.  The permit consists of this  cover  sheet,
      Part 1-3 oaae(s), Part II - 21 paqe(s), and Part  II. - •>
      oaqe(s)•

          references to Title 40 of the Code of Federal  Pequlations
          to requfations that are in effect on the  effective date  c
      this permit.  Unless otherwise soecified herein, all  tsrms
      are defined as provided in the anolicable reaulations in .i-
      4n of the Code of Federal Requlations.

      This oermit shall become effective on  (insert date).   This
      nermit and  the authorization to discharqe shall expire  at
      midnight  (insert date)-
            Date
                                                     Director
                         nnOOGGOOOOOOOOgOCCO;;COOOOOC;:^v^(vr

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                                                                                        t'dl|U l-l
                                                                                        Permit Mo.
                             PART I


A.  It II.Ill'Ml' LIMITATIONS ANN MONITORING RBQUIRFMFMTS  (Sample  Rffluent Limitations).

I.  during the perlal beginning on  the effective date of  this permit and lasting through expiration, the
    Permittee  is authorized to discharge  fron outfall serial  number  noi, non-contact cooling water*
    sanitary wastewater ami stormwater.

    Such discharges shall be 1 United and monitored  by the permittee  as specified belowt

    PAPAMirTEH                DISCHARGE LIMITATIONS                       MONITORING REQUIREMENTS

                                                                     Measurement         Sample
                        Paily Average       Daily Maximum            Freguency          Typo


    Flow, 3/day(MT.D)         -                   -                    1/Month            Instantaneous

    Tanperature °c(0F)       -                   -                    I/Week             Grab
    Ol.her Permits

    '(he pil shall not be less than 6.0 standard  units  nor  greater than Q.n standard units ami hlull be
    trndihored once per month by grab sample.

    Hiero shall be no discharge of  floating solids  or visible foam tn other than trace amounts.

    fi,unplfis taken in onmpllance with monitoring regulrements specified above shall.be taken at the
    Following  locatlon(s)i  at the  nearest accessible point but  prior to actual discharge of mixing
    with Urn receiving waters.

    'Hie iv.riuittee shall not augment the use of  process  wastewater or otherwise dilute the watitHwater
    a« a partial or total substitute  for  adoguate  treatment to achieve compliance with the above
    1 imitations.

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                                                                                                Permit
I'AKT I

A.   Wl
        r LIMITATIONS AND MONITORING RflOlHRFMFNTS  (Sample Effluent  Uitations).
 ?.   IXirinq the perlorl heqinninq effective date and laptinq  through expiration date the Permittee la
 authorized to discharge fran outfall serial number 002, treated  process wastewater .

 5>uch discharges shall l>e limited and monitored by the permittee  as specified bo low:

 Affluent Characteristic                    Discharge Limitations                     Monitoring Requirements
                            kq/day (Jbs/day)
                         Avq. Monthly   Max. Dally
                                                               Other llnits(Speclfy)
                                                             Avq.  Monthly    Max. Daily
              Measurement
              Frequency
                  Santpl e
                  Type
             (MGH)
 TSS
 nil arwl Grease
 Ahinininn
 Chi ani> u\
 Iron
 Cyanide
* Tot a) Toxic Organ ics
                                                               31  mn/1
                                                             O.lft mq/1
                                                             2.0 iwi/1
                                                             0.02 mq/l
 (0.01)
 60 mq/1
 IS mq/1
 .5 mq/1
2.fi mq/1
3.0 mq/1
0.07 mq/1
2.13 mq/1
 /inc
Continuous  Avq. Max. Min.
2/Month     6-hr Composite
2/Month     Grab
2/Mnnth     fl-hr Cnnposlte
2/Month     fl-lir
2/Month     fl-hr
1/Quarter   Grab
1/Quarter   Grab
I/Month     fl-hr Cunposlte
I/Month     R-hr Qinpnslt.e
1/Month     fl-hr GonpositH
 The pi i shall not be less than 6.0 standard units nor qreater  than 9.0  standard units and
 filial) he monitored daily by a qrab sample.

 'ihuru shall be no discharqe of floating solids or visible  foam  in other  than  trace amounts.
         taken in cnnpHance with the monitoring requirements specified  above  shall  be taken
 ft (in I ho following location:  at the |x>int of discharge.

 Tim I 'firm it ten shall not aucpnent the use of process wastewater or otherwise dilute the wastewate
 <\n it iwrtial or total substitute for adequate treatment to achieve  conpl lance wltl^  the above
 I iini I at ioit.s.

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                                                    Page  1-3'
                                                    Permit No.
B.  GEKERAL EFFLUENT LIMITATIONS

    The effluent shall, at all  times,  be  free of  substance:

    1. . In amounts  that will  settle  to fora  outrescent, or otherwise
        obiectionable, sludge deoosits, or that will adversely affecz
        acuatic life or water
        Of an oily, greasy,  or  surface-active  nature, and of other
        floating debris,  in  amounts  that  will  form  noticeable
        accumulations of  scum,  foam  or  sheen:

        In amounts  that will alter the  natural  color or odor of  the
        receiving water to such degree  as to 'create a nuissance;

        In amounts  that either  sinalv or  in combination with other
        substances  that are  toxic  to human, animal, or acuatic life;.

        In ammonts  that are  condusive to  the growth of acuatic weeds
        or algea to the amount  that  such  growths become inimical  to
        more desireable forms of aguatic  life,  or create conditions
        that. are unsightly,  or  constitutes a nuissance in any other
        fashion.

        In amounts  that will impair' designated- instream or downstream
        wa ter uses .
C.  SCHEDOLE OF COMPLIANCE

    1. The Permittee shall achieve  comoliance  with  the effluent
       limitations specified  for discharges  in accordance with
       the following schedule:
       MO later than 14 calendar davs  following a date  identified
       in the above schedule of comoliance, the oermittee shall
       submit either a reoort of orogress or, in the case of
       soecific actions being reouired by identified dates, a
       written notice of compliance or noncomoliance.   In the
       latter case/ the notice shall include the cause  of non-
       compliance, any remedial actions taken, and the  pro-
       bability of meeting the next scheduled reauirement.

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                                                   Page II-l
                                                        r. No.
                             Part IT

              STANDARD CONDITIONS FOR NPDES PERMITS
SECTION  A.   GENERAL CONDITIONS

1 .   Duty to  Comply

The  Permittee must comply with all conditions of this nermit.
Any  oermit noncoraoliance constitutes a violation of the Clean
Water  Act and  is  grounds for enforcement action: for nermit
termination, revocation and reissuance, or modification:  or
denial of a  permit renewal application.

2.   Toxic Pollutants

The  Permittee  shall comply with efflue'nt standards or prohibitions
established  under Section 307 (a)  of the Clean Water Act for
toxic  pollutants  within the time provided in the regulations
that establish  those standards or prohibitions,  even if the
permit has not  yet been modified to incorporate  the reouirement.

3.   Penalities • for Violations of Permit Conditions

-Any  person who  violates a oermit condition is subiect to  a
civil  penalty  not. to exceed Sin, 000 per day for  each violation.
Any  person who  willfully or negligently violates permit conditions
is subiect to a  fine of not" less than 52,500 nor more than
S25,nno  per  day  for each violation, or by imprisonment for not
more than 1  year, or both.

         to. Reapplv
 (a)  If  the  Permittee  wishes  to continue an activity regulated
 by  this- permit  after  the  expiration date of this  permit,  the
 Permittee must  apply  for  and obtain a renewal  permit.   The
 Permittee shall submit a  new anplication at least ISO  days
 before  the  expiration date of -this permit, unless permission
 for  a later date has  been granted  by the Director.

 (b)  Where EPA  is the  Permit  Issuing Authority  for the  renewal
 permit,  the terms and conditions of this ner«ut continue  in
 force under 5 D.S.C.  S558(c)  until the effective  date  of  the
 new  permit  (or  permit denial)  only if the Permittee has submitted
 a timely and complete application  under 40 CFR S122.21 for  a
 renewal .permit  and  the Permit Issuino Authority,  through  no
 fault of the Permittee, does not issue a new permit (or deny
 the  permit) before  the expiration  date of this permit. The
 nermit  continued  under 5  O.S.C. S55S(c)  remains fully  effective
 and  enforceable,  includina subiect to the actions set  forth
 in 40 CFR 
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                                                  Page  II-2
                                                  Permit  No.
5.  Dutv to Mitieate

The Permittee shall  take  all  reasonable  steos  to  minimize  or
prevent ar.v discharge  in  violation of this  permit which  has a
reasonable likelihood  of.  adversely affecting  human health  or
the environment.

6.  Permit Actions  (Modification,  Revocation  and  Reissuancs, or
    Termination)

(a) This permit may  be modified, revoked and  reissued, or  term-
inated for cause  (as described .in  40 CFR SS122.62, 122.63, and
122.64), includina,  but not limited to:   (1) Violation of  any
terms or conditions  of this permit: (2)  Obtainina this permit
by misrepresentation or failure  to disclose fully all relevant
facts: or  (3) A chanoe in any condition  that  recuires either a
temporary or  permanent reduction or elimination of the permitted
discharae.  The filing of a reouest hy the  Permittee for a
permit modification, revocation  and reissuance; or termination,
or a notification of planned  chances or  anticipated noncompiiance ,
does not stay any permit  condition.

(b) Notwithstandina  Paragraph II-A-6(a)  above,  if a toxic
effluent standard or prohibition  (including any schedule of
compliance specified in such  effluent standard  or prohibition)
is established under Section  307(a) of the  Clean  Water Act for
a toxic pollutant which is present in the discharge and  such
standard or. prohibition is more -stringent than  any limitation
for'such pollutant  in  this permit, this  permit may be modified
or revoked and reissued to conform to the toxic effluent
standard or prohibition.

(c) Notwithstanding  Paragraph II-A-*(a)  above,  this permit mav be
modified, or  alternatively revoked and reissued,  to cotnolv with
any applicable effluent standard or limitation  issued or approved
under Sections 3fU(b).(2HA) ,  (C),  (D), (E)  and  (F), or 3lU(b)(2) c
the Clean Water Act, if the effluent standard  or  limitation so
issued or approved  contains different contains  different
conditions or is  otherwise more  stringent than  any effluent
limitation in this permit; or controls any  pollutant not limited
in this permit.

7•  Effect of Permit/Other Laws

(a)- Issuance of this permit does not convey any property rights
of any sort, or any  exclusive privileges, nor does it authorize
anv iniurv to persons  or  property,  or invasion of other nr^vate
riahts, or any infringement of Federal,  State or  local laws or
regulations.

("">)  Nothina in this  nermit shall be construed to  nreciude  tr.e
institution of any lecal  action or  relieve  the Permittee ~rcrn
any responsibilities,  liabilities,  or  penalties established
nursuant to anv anolicable State law or  recuiation  under sureritv
nreserved by section 5 in  cf the Clean  «at.er Act.

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                                              Pace II-3
                                              Permit No
(c) Nothina in this permit shall be construed to preclude the
institution of any leoal action or relieve the Permittee from
any responsibilities, liabilities, or penalties to which the
Permittee is or may be subject under Section 311 of the Act.

(d) Expect as provided in permit conditions on "Upsets", Para-
graph .II-B-4. below, and pR Excursions, Paragraph II-D-7 below,
nothina in this permit shall be construed to relieve  the
Permittee from civil or criminal penalties for noncompliance
with a permit condition.

(e) Pursuant to Section 5n<3(b)(l)(F) of the Clean Water Act,
a challenge to the validity of permit conditions, including
the effluent limitations, in Part I-A o_f this permit,  shall not
be a defense to an enforcement action under Section 30<» or 505
of the Clean Water Act.  r.ach and every violation of  a permit
condition is subject to an enforcement action.

(f) Compliance with the terms of this permit does not constitute
a defense to any action brouaht under S504 of the Clean Water
Act, or any other law Governing protection of public  health or
welfare, for any imminent and substantial endangerment to public
health or welfare.

a.  Onshore or Offshore Construction

This permit does not authorize or. approve the construct io.n of
any onshore or offsho.re- physical structures or facilities or
the undertaking of any work in any waters of the United States.

9.  Inspection and Entry

The Permittee shall allow the Director, or an authorized
representative, upon the presentation of credentials  and other
documents as may he reguired by law, to:

     a.  Enter upon the Permittee's premises where a  regulated
         facility or activity is located or conducted, or where
         records must be kept under -the conditions of this
         permit;

     b.  Have access to and copy, at reasonable times, any
         records that must be kept under th*» conditions of
         this permit:

     c.  Inspect at reasonable time any facilities, ecuioment
         (includina monitorina and control ecruipment), practices,
         or operations regulated or recuired under this nermit,
         and

     d.  Sample or monitor at reasonable tines, for the
         purnoses of assurinc permit compliance or as otherwise
       •  authorize^ bv the Clean Water Act, anv substances cr
         car ar^e ter s at anv location.

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                                              Page  II-4
                                              Permit  No.
10.  Severability

The provisions of this  permit  are  severable,  and  if  any
provision of .this permit,  or  the application  cf any  provision
of this  permit to any circumstance,  is  held  invalid,  the appli-
cation of such provision  to other  circumstances,  and  the re-
mainder  of this  permit, shall  not  be  affected thereby.
SECTION B.  OPERATION  AND  MAINTENANCE

1.  Proper Operation and Maintenance

The Permittee shall at all times  properly  operate  and
all facilities and systems of  treatment  and control  (and related
appurtenances) which are installed  or  used by  the  Permittee  to
achieve compliance with the conditions of  this  permit.  Proper
operation and maintenance  also includes  effective  performance,
adequate funding, adequate operator staffing and training, and
adequate laboratory and process controls,  including  appropriate
quality assurance procedures.  This provision  requires the
operation of back-up or auxiliary facilities or similar systems
which are installed by the Permittee only  when  the operation
is necessary to achieve compliance  with  the conditions
of this permit.

2.  Need to Halt or Reduce not a  Defense

It shall not be defense for a  Permittee  in an  enforcement action
that it would have been necessary to halt  or reduce  the permitted
activity in order to maintain  compliance with  the  conditions
of this permit.

3.  Bypass of Treatment Facilities

    a.  Definitions

        (i)   "Bypass"  means the intentional diversion of waste
             streams from  any  portion of a treatment facility.

        (ii) "Severe property  damage" means substantial physical
             damage to property,  damage  to the  treatment facili-
             ties which causes them to become  inooerable, or
             substantial and permanent loss of  natural resources
             which can  reasonably be expected  to occur in the
             absence of a  bypass.   Severe  property damage does
             not mean  economic loss caused by delays in
             production.

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                                           Page IT-5
                                           Permit. No.
b.  Bypass not exceeding limitations.

    The Permittee may allow any bypass to occur which does
    not cause effluent limitations to be exceeded, but only
    if it also is for essential maintenance to assure
    efficient operation.  These bypasses are not  subject to
    the provisions of Paragraphs II-B-3(c) and (d), below.

c.  Notice

    (i)  Anticipated bypass.  If the Permittee knows  in
         advance of. the need  for a bypass, it shall submit
         prior notice, if possible at least ten days  before
         the date of the bypass; (including an evaluation
         of the anticipated quality and effect ef  the
         bypass.)

   (ii)  Unanticipated bypass.  The Permittee shall submit
         notice of an unanticipated bypass as required in
         Paragraph II-D-7 (24-Hour Notice).

d.  Prohibition of bypass.

    Bypass is prohibited and  the Director may take
    enforcement action against  the Permittee for  bypass,
    unless:

    (i)  Bypass was unavoidable to prevent loss of life,
         personal injury, or  severe  property damage;

   (ii)  There were no feasible alternatives to the
         bypass, such as  the  use of  auxiliary treatment
         facilities, retention  of untreated wastes,
         or maintenance during  normal  periods of  equip-
         ment downtime.  This condition  is not satisfied
         if adequate back-up  equipment  should have
         been installed in  the-exercise of reasonable
         engineering judgment to  prevent  a bypass
         which occurred during  normal  periods of
         equipment downtime or  preventive maintenance;
         and

   (iii)  The Permittee submitted notices  as required
         under Paragrpah  II-B-3(c) above.

e.  The Director may approve  an anticipated bypass,  after
    considering  its  adverse effects,  if  the Director  deter-
    mines  that it will meet the three  conditions  listed
    above  in  paragraph  II-B-(3)(d).

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                                              Page  II-6
                                              Permit No.
(4)   Onset
     (a)  Definition.  "Upset" means an exceptional incident in
          which there  is unintentional and  temporary noncom-
          pliance with technology-based permit effluent limita-
          tions becuase of factors beyond the reasonable con-
          trol of the Permittee.  An upset  dees not include
          noncompliance to the extent caused by operational
          error, improperly designed treatment facilities,
          inadequate treatment facilities,  lack of preventive
          maintenance, or careless or improper operation.

     (b)  Effect of an upset.  An upset constitutes an
          affirmative defense to an action  brought for non-
          compliance with such technology-biased permit effluent
          limitations  if the requirements of Paragraph II-B-4(c),
          below, are met.'  No determination made during admini-
          strative review of claims that noncompliance was
          caused by upset, and before an action for noncom-
          pliance, is  final administrative  action subject to-
          judicial review.

     (c)  Conditions necessary for a demonstration of upset.
          A Permittee who wishes to estaDlish the affirmative
          defense of upset shall demonstrate, through properly
          signed, contemporaneous operating logs, or other
          relevant evidence that:

          Ci)    An upse't occurred and that the Permittee can
                 identify the specific cause(s) of the upset;

          (ii)   The Permitte facility was  at the time being
                 properly operated;

          (iii)  The Permittee submitted notice of the upset
                 as required in Paragraph II-D-7 below,
                 (24-hour notice); and

          (iv)   The Permittee complied with any remedial
                 measures required under Paragraph II-A-5 above.

     (d)  Burden of proof.  In any enforcement proceeding the
          Permittee seeking to establish the occurrence of an
          upset has the burden of proof.

     5.  A Schedule of Maintenance

         Any maintenance of facilities, which might necessitate
         unavoidable interruption of operation and degradation
         of effluent quality, shall be scheduled during non-
         critical water quality periods and carried 3ut in a
         manner a-orcved bv the Director.

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                                                 Page II-7
                                                 Permit No.
      6.   Power  Failures

           In order  to  maintain compliance with the  effluent
           limitations  and prohibitions of this permit,  the
           Permittee  shall either:
                                  •
               In accordance  with  the  Schedule of Compliance
               contained  in Part  I,  provide an alternative
               power source sufficient to operate the waste-
               water control  facilities;

           or, if such  alternative  power source is not in
           existence, and  no date  for  its  implementation appeals
           in Part I,

               Halt, reduce or otherwise  control production and/or
               all discharges  upon the reduction, loss, or failure
               of the  primary  source of power  to the wastewate*-
               control facilities.

      7.  Removed Substances

          This permit does not authorize discharge of solids,
          sludge,, filter backwash,.or  other  pollutants removed
          in the  course o-f treatment or control or wastewaters
          to waters  of the United States unless specifically
          limited in Part 1-A.  All solids, sludges, filter back-
          wash, or other pollutants removed  from, or resulting
          from  the treatment or control of discharges must be"
          disposed of in accordance with all applicable Federal,
          State,  and Local requirements.
SECTION  C.   MONITORING AND RECORDS

!•  Representative  Sampling

    Samples  and measurements  taken for the  purposes  of
    monitoring shall  be  representative of the  volume and  natu-e
    of the monitored  activity.

2.  Sampling Points

    All samples shall  be taken at  the  monitoring  points specified
    in this  permit and,  unless otherwise  specified,  befor*  the"
    effluent joins or  is diluted by any other wastest — anl
    of water, or substance.  Monitoring points shall  -.cc  be
    changed without notification to and the apsrova"  -,'-*~-^
    Director.                                ""

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                                               Pace  Ii—6
                                               Pemit  No.
   Flow Measurements
   Appropriate  flow  measurements  devices  and metnods  consistent
   with  accepted  scientific practices  shall be selected and
   used  to  insure the  accuracy and reliability of measurements
   of  the volume  of  monitored discharges.  The devices shall
   be  installed,  calibrated and maintained tc insure  that the
   accuracy .of  the measurements are consistent with the accepted
   capability of  that  type  of device.   Devices selected shall
   be  capable of  measuring  flows  with  a maximum deviation of
   less  than +_  10% from the true  discharge rates throughout
   the range "of expected discharge volumes.  Once-through
   condenser cooling water  flow which  is  monitored by pump
   logs, or pump hour  meters as specified in Part I of this
   permit and based  on the  manufacturer's pump curves shall
   not be subject to this requirement.  Guidance in
   selection, installation, calibration and operation of
   acceptable flow measurement devices can be obtained from
   the following  references:

         a.  "A Guide  of Methods and Standards for the Measurement
            of Water  Flow",  U.S. Department of Commerce, National
            Bureau of Standards, NBS Special Publication 421,
            May  1975, 97 pp.  (Available from the U.S. Govern-
            ment Printing Office,  Washington, D.C.  20402.
            Order by  SD catalog No. C13.10:421.)

         b.  ''Water Measurement Manual", U.S. Department of
            Inte-rior, Bureau, of Reclamation, Second Edition,
            Revised Reprint, 1974, 327  pp.  (Available from the
            U.S. Government Printing Office, Washington, D.C.
            20402.  Order by catalog No. 127.19/2:W29/2, Stock
            No.  S/N 24003-0027.)

         c.  "Flow Measurement in Open Channels and Closed
            Conduits",  U.S.  Department of Commerce, National
            Bureau of Standards, NBS Special Publication 434,
            October 1977, 982 pp.   (Available in  paper copy
            or micofiche from National  Technical Information
            Service (NTIS),  Springfield, VA  22151.  Order by
            NTIS No.  PB-273  535/5ST.)

         d.  "NPDES Compliance Flow Measurement Manual", U.S.
            Environmental Protection Agency, Office of Water
            Enforcement, Publication MCD-77, September  1981,
            135  pp.  (Available from the General Services
            Administration  (8BRC), Centralized Mailing Lists
            Services, Building 41, Dever Federal Center,
            Denver, CO  80225.

4.   Monitoring  Procedures

    Monitoring  must be  conducted according  to test  procedures
    approved under 40 C?R Part 136, unless
    cedures  "nave"  5een specified in

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                                                Page II-9
                                                Pennit No.
5.  Calibration

    The  Permittee shall periodically calibrate and perform
    maintenance  on all monitoring and analytical equipment
    .used to monitor the pollutants discharged under this per-
    mit, at intervals which will ensure the accuracy of
    measurements.

6.  Testing Variability Not a,. Defense

    If  the Permittee believes or .has reason to believe that
    monitoring or sampling results reflect an analytical
    variability  so as to render the results inaccurate, he may
    monitor or sample more frequently than required by this
    permit.  The validity of the testing results, whether or
    not  the Permittee has monitored or sampled more frequently,
    shall not be a defense to an enforcement action under
    SS309 or 505 of the Clean Water Act.

7.  pE  Effluent  Limitations Under Continuous Monitoring

    Notwithstanding Paragraphs  I of this permit, where the
    Permittee continuously measures the pH of wastewater pursuant
    to  a requirement or option  in this permit, excursions from
    the  range provided in Paragraphs -I-A are permitted, provided;
                                       *
    (a) ' The pH'limitation in Paragraphs I-A of this permit is
       •   based upon a requirement imposed under 40 CFR Subpart N

    (b)   The total time during  which the pH values are outside
          the required range of  pH values shall not exceed 445
          minutes in any calendar month; and

    (c)   No individual excursions form the range of pE values
          shall exceed 60 minutes.

    (d)   For purposes of th-is section,  an "excursion"  is an un-
          intentional and temporary incident in which the pH
          value of discharge wastewater exceeds the range set
          forth in Paragraphs I-A of this permit.  The  number
          of individual excursions  exceeding 60 minutes and the
          total accumulated excursion time in minutes occurring
          in any  calendar month  shall be reported in accordance
          with Paragraph II-D-5  of this  permit.

8.   Penalties for  Tampering

    The Clean Water  Act provides  that  any  person who
    falsifies, tampers with,  or knowingly  renders  inaccurate
    any monitoring device  or method  required  to  be  main-
    tained  under  this  permit shall,  upon conviction, be
    punished by  a  fine  of  not uiore  than  310,000  per vio-
    lation,  or .oy  im pr isonn-ent  for  net  Ticre  than  5  -ontr.s
    oer violation, or  oy both.

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                                              Pact. II-IC
                                              Perr.it No. -
 9.   Rentention of Records

     The Permittee shall retain records cf all monitoring
     information, including all calibration and maintenance
     records and all original strip chart recording for
     continuous monitoring instrumentation, copies of all
     reports required by this permit, and records of all
     data used to complete the application for this permit,
     for a period of at least 3 years from the date of the
     sample, measurement, report or application.  This
     period may be extended by.request of the Director at
     any time.

10.   Monitoring Records

     Records of monitoring information shall  include:

        a. The date, exact place and  time of  sampling or
           mesurements;

        b. The individual(s) who performed the sampling or
           measurements;

        c. The date(s) analyses were  performed;

        d. The individual(s) who performed the analyses;

        e. The analytical techniques  or methods used; and

        f. The results of such analyses.

11.   Additional Monitoring by the  Permittee

     If the Permittee monitors any pollutant  more  frequently
     than required by this permit,  using  test procedures
     approved under  40 CFR 136 or  as  specified  in  this
     permit, the results of  this monitoring shall  be  in-
     cluded in the calculation and reporting  of the data
     submitted in the Discharge Monitoring Report  (DMR)
     pursuant to Paragrpah II-D-5.   Such  increased frequently
     shall also be indicated.

12.   Averaging of Measurements

     Calculations for limitations  which  require averaging  of
     measurements shall  utilize an arithmetic mean unless
     otherwise specified  in  this permit.

SECTION D.  REPORTING REQUIREMENTS

  1.  Planned Changes.

     The  Permittee shall give notice  to  the Director  as  soon  as
     oossidle of any planned rhysical alterations  cr  additions
     to tne oer^ii tted " faci 1 i tv .  Notice  is required only wr.er.:

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                                              Pace 11-11
                                              Permit. No.
    (a)   The alteration or addition to a permitted facility
         may meet one of the criteria for determining whether
         a facility is a new source in 40 CFR 122. 29 (b); or


    (b)  The alteration or addition could significantly change
        the nature or increase the quantity of pollutants
        discharged.  This notification applies to pollutants
        which are subject neither to effluent limitations in
        the permit, nor to notification requirements under
        Paragraph II-D-9.

2.  Change in Discharge

    All discharges authorized herein shall be consistent with
    the terms and conditions of  this permit.  The discharge of
    any pollutant identified in  this permit- more frequently
    than or at a level in excess of that authorized shall
    constitute a violation of this permit.  Any anticipated
    facility expansions,  production increases, or process
    modifications .which will result in new, different, or
    increased discharges  of  pollutants must be reported by
    submission of a new NPDES application at least 180 days
    prior  to commencement of such discharges, or if such
    changes will not violate the effluent limitations speci-
    fied in this  permit,  by  notice,, in writing, to the
    Director of such changes.  Following such notice, the
    permit may be modified or revoked and reissued pursuant to .
    40 CFR 5122. 62(a) to  specify and limit 'any pollutants not
    previously limited.

    Until  such modification  is effective, any new or  increased
    discharge in excess of .permit limits or not specifically
    authorized by the permit constitutes a violation-.

3.  Anticipated Noncompliance

    The Permittee shall give advance notice to the Permit  Issuing
    Authority of  any  planned change in  the  permitted  facility
    or activity which may result in noncompliance with  permit
    recruireraents.  Any maintenance of  facilities, which might
    necessitate unavoidable  interruption of operation and
    degradation of effluent  quality, shall be scheduled durir.c
    noncritical water quality periods and carried out in a
    manner  approved by the Permit Issuing Authority.

4.  Trans f er

    (a)  In the event of  any change in control or ownership cf
         facilities  from  which  the authorized discharge emanate,
         the Permittee shall notify the succeeding owner or
         controller of the existence of. this  perrtit 3y  letter,
         a  copy of which  shall  be  forwarded to the Sec'icr.al
         Administrator and the  State water  pcllut^or.  control
         acencv .

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                                                Page 11-12
                                                .Permit No..
    (b)  This  permit is  nontransferable to any person except
        after  notice  to the  Director and compliance with
        Paragraph II-D-4(c)  below.

        (i)  Transfers  by modification.   Except as provided in
              paragraph  II-D-( 4) (c) ( ii) below, a permit may be
              transferred by  the  permittee to a new owner or
             operator only if the permit has been modified or
              revoked  and reissued (under 40 CFR S122.62(b)(2),
             or a minor modification made (under 40 CFR
              §122.63(d)), to identify the new permittee and
              incorporate such other requirements as may be
              necessary  under the Clean Water Act.

        (ii) Automatic  transfers.  This permit may be auto-
             matically  transferred to a new permittee if:

              (a)   The Permittee notifies the Director at least
                   30  days in advance of the proposed transfer
                   date;

              (b)   The notice includes a written agreement
                   between the existing and new permittees
                   .containing a specific date for transfer
                   of permit responsibility, coverage,'and
                   liability between them; and.

              (c)   The- Director does not notify the existing
                   Permittee and the proposed new permittee
                   of his or her intent to modify or revoke
                   and reissue the permit.  A modification
                   under  the sub paragraph may also be minor
                   modification'under  40 CFR §122.63.  If
                   this notice is not  received, the transfer
                   is effective on the date specified in  the
                   written agreement.
    Reporting of Monitoring Results

    Monitoring results obtained during the  previous calender
    (insert freauency, i.e. - month or quarter) shall be sum-
    marized for each'month  (each quarter  if monitoring  frequency
    is quarterly) and must  be reported on a Discharge Monitor-
    ing Report Form (EPA No. 3320-1),  postmarked no later than
    the 28th day of the month following the completed reporting
    period.  The first report is due  (insert date).  Duplicate
    signed copies of these, and all other reports  required by
    Section D of Part II,  (Reporting  Requirements) of this
    permit shall be submitted to the  Director  and  the State ac
    the following addresses:
6.   Com
oliance Schedules
    Compliance schedule  progress  reports  snail  De surnittac
                           JG:

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                                                 Page 11-13
                                                 Permit Nc.
 7.  Twenty-Four Hour Reporting

     The  Permittee shall orally report any noncompliance which
     may  endanger health or the environment, within 24 hours
     from the tine the Permittee becomes aware of the circum-
     stances.  A written submission shall also be provided
     within 5 days of the time the permittee becomes awars of
     the  circumstances.  The written submission shall contain
     a  description of -the noncompliance and its cause; the
     period of noncompliance, including exact dates and times;
     and  if the noncompliance has not been corrected, the
     anticipated time it is expected to continue, and steps
     taken or planned to reduce, eliminate, and prevent re-
     occurrence of the noncompliance.  The Director may waive
     the  written report, on a case-by-case basis, when the oral
     report is made.

     The  following violations shall be included i-n the 24 hour
     report when they might endanger health or the environment.

        a.   An unanticipated bypass which exceeds-any effluent
             limitation in this permit.

        b.   Any upset which exceeds any effluent limitation in
             this permit.

        c.   Violation of -a  maximum daily discharge limitation
             for any of the  following pollutants (any toxic
             pollutant or hazardous substance,  or any pollutant
             specifically identified as the method to control &
             toxic pollutant or hazardous substance.)

 8.  Other  noncompliance.

     The  Permittee shall report all instances  of noncompliance
     not  reported under Paragraphs II-D-5, 6,  and 7 above at
     the  time monitoring reports are  submitted.   The reports
     shall  contain the information -listed in Paragraph II-D-7
     above.

 9.  Other  information.

     Where  the  Permittee becomes  aware  that  it  failed  to  submit
     any  relevant facts  in  a permit application,  or submitted
     incorrect  information  in  a permit  application  or  in  any
     report  to  the Director,  it shall  promptly  submit  such
     facts or  information.

10.  Changes  in  Discharges  of  Toxic Substances

     The Permittee  shall  notify the Director as  soon  it  
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                                             Page 11-14
                                             Perr.it No.
 That any  activity  has  occured or will occur which
 would result  in  the  discharge,  on a routine or
 frequent  basis,  of any toxic pollutant (listed at  40
 CFR 122,  Appendix  D, Table II and III) which is net
 limited  in the permit, if that discharge will exceed
 the highest of the following "notification levels  :

  (i)  One  hundred raicrograms per liter (100 uc/1);

 (ii)  Two  hundred micrograms per liter (200 ug/1)
       for  acrolein and  acrylonitrile;  five hundred
      micrograms per liter (500 ug/1)  for 2,4-
       dinitrophenol and for 2-methyl-4,6 dinitrophenol ;
       and  one milligram per liter ( 1 mg/1) for antimony;

(iii)   Five (5) times the maximum concentration value
       reported for that pollutant in the permit
       application;

  That  any activity has occured or will occur which
  would result  in any discharge,  on  a  non-routine or
  infrequent basis, of  a toxic  polllutant which  is^
  not limited  in  the  permit,  if  that discharge will
 .exceed the highest  of the  following  "notification
  level
                "
           (i)  Five hundred raicrograms per liter (500 ug/1);

          (ii)  One milligram per liter (1 mg/1) for antimony;

         (iii)   Ten (10) times the maximum concentration value
                reported for that  pollutant  in the  permit appli
                cation  in accordance with 40 CFR §122 . 21 (g ) ( 7) .

11.  Dutv to Provide Information

     The Permittee shall furnish to the  Director, within a
     reasonable time, any  information which  the Director may
     "quSsfto determine whether  cause  exists for  modifying,
     revoking and  reissuing, or  terminating  this  permit, or to
     determine compliance with this  permit.   ihe Permittee
     shairalso furnish to  the Director, upon  request,  copies
     of records required to  be kept by this  permit.

12.  Signatory Requirements

       a. All applications,  reports,  or  information submitted  t
          the Director  shall be  signed  and  certified.

       b. All  permit  applications  shall  be  signed  as fellows:

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                                   Pace 11-15
                                   Pent it No.
(i)   For a corporation:  by a  responsible corporate
      officer.  For the purpose of this section, a
      responsible corporate officer means:  (A) a
      president, secretary, treasurer or vice-president
      of the corporation in charge of a principal
      business function, or any other person who per-
      forms similar policy - or decision-making func-
      tions for the corporation, cr (B) the manager of
      one or more manufacturing production cr operating
      facilities employing more then 250 persons or
      having gross annual sales or expenditures exceed-
      ing 25 million (in second quarter 1980 dollars),
      if authority to sign documents r.as been assigned
      or delegated to the manager in accordance with
      corporate procedures.

(ii)   For a partnership or sole proprietorship:  by a
      general partner or the proprietor, respectively;
      or

(iii)  For a municipality,  State, Federal,  or other
      public agency:  by-either a principal executive
      officer or ranking elected official.   For pur-
      poses of this section, a principal executive
      officer of a Federal agency includes: (A) The
      chief executive officer of the agency, or (B) a
      senior executive officer having responsibility
      for the overall operations of a principal
      geographic unit of the agency.

   All reports required by this permit and  other
   information requested by the Director shall be
   signed by a person described in paragraph II-D-
   (12}(b)  above or by a duly  authorized representative.
   A  person is a duly authorized'representative cnlv
   if:

   (i) The  authorization is  made in writing by a person
      described in paragraph  II-D-(12(b)  above;

  (ii) The  authorization specifies  either an  individual
      or a position having  responsibility  for the
      overall  operation of-the  regulated facility or
      activity,  such  as the position  of plant inanacer,
      operator  or  a well or a  well  field,  superintendent,
      position  of  equivalent  responsibility,  or an
      individual or  position having overall responsi-
      bility  for environmental  matters  for the  company.
      (A duly authorized representative may be  either"a
      named  individual  or  any  individual occupying a nane;
      position); and

(iii) The writtea authorization is submitted  to tr.e
      Director.

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                                           Permit No.
       d.   Changes is authorization shall be mace  pursuant to
           40 CFR Sl22.22(c).

       e.   Certification.  Any person signing a document under
           Paragraphs II-D-10 shall make the following certification

                "I certify under penalty of law that this
                document and all attachments were  prepared
                under the direction or supervision in accord-
                ance with a system designed to assure that
                qualified personnel properly gather and evalu-
                ate the  information submitted.  Based on my
                inquiry of the person or persons who manage
                the system, or those  persons directly respon-
                sible for gathering the information, the in-
                formation submitted is, to the best of my
                knowledge and belief, true, accurate, and
                complete.  I am aware that there are signifi-
                cant penalties for submitting false information,
                including the possibility of fine  and imprison-  -
                ment for knowing violations."

13.  Availability of Reports

     Except for data determined to be confidential under 40 CFR
     Part 2, all reports prepared  in  accordance with the teras
     of this permit shall be available for-public  inspection at
     the offices of the  Director.  As required'by  the Clean
     Water Act, permit applications,  permits and effluent data
     shall not be considered confidential.

14.  Penalties for Falsification or Reports

     The Clean Water Act provides  that any person  who knowingly
     makes any false statement,'representation, or certifi-
     cation in any record or other document submitted or
     required to be maintained under  this  permit,  including
     monitoring reports  or  reports of compliance or noncom-
     pliance shall, upon conviction,  be  punished by a fine of
     not more than $10,000  per violation,  or by  imprisonment
     for not more than 6 months per violation, or  by both.
SECTION E.  DEFINITIONS  (Suggested  definitions  not  addressed  in
                  ~40  CFR  Part 122}

1.  Average -  the  arithmetic  mean of values taken at the  frequency
    required for each  parameter over the  specified  period.   For
    total and/or  fecal coliforro, the average shall  be the
    geometric  mean.

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                                          Page  11-17
                                          Pemtit Nc. _


2.  Mass/Dav Measurements  (The  language  in  paragraph  a, b, and
    c may be included as an alternative  to  the definitions
    of average monthly, average weekly,  and daily maximum
    discharge limitations  in  §122.2).

    a.  The "average monthly  discharge"  is  defined as the
        total mass of all  daily discharges  sampled and/or
        measured during a  calendar  month on wr.ich daily
        discharges are sampled  and  measured, divided  by
        the number of daily discharges sampled' and/or
        measured during such  month.   It  is,  therefore, an
        arithmetic mean found by  adding  the weights of the
        pollutant found each  day  of the  month  and then divid-
        ing this sum by the number  of days  the tests  were
        reported.  This limitation  is identified as "Daily
        Average" or "Monthly  Average" in Part  I of the permit
        and the average montly  discharge value is reported
        in the "Average" column under "Quantity" on the
        Discharge Monitoring  Report (DMR).

    b.  The "average weekly discharge" is defined as  the total
        mass of all daily  discharges sampled and/or measured
        during the calendar week  on which daily discharges
        are sampled and/or mesured  during such week.   It is,
        therefore, an arithmetic  mean found by. adding the
        weights of pollutants found each day of the week and
        then dividing this sum  by the number of days  the
        tests were reported.  This  limitation  is identified
        as "Meekly -Average" in  Part I of this  permit  and the
        average weekly disharge value is reported in  the
        "Maximum" column under  "Quantity" on DMR.

    c.  The "maximum daily discharge" is the total mass
        (weight) of a pollutant discharged  during a calendar
        day.  If only one  sample  is taken during any  calendar
        day the weight of  pollutant calculated from it is  the
        "maximum daily discharge".   This limitation is identi-
        fied as "Daily Maximum",  in. Part I  of  this permit  and
        the highest such value  recorded  during the reporting
        period is reported in the "Maximum"  column under
        "Quantity" on the  DMR.

    d.  The "average annual discharge" is defined as  the total
        mass of all daily  discharges sampled and/or measured
        during the calendar year  on which daily discharges
        are sampled and/or measured during  each week.  It  is,
        therefore, an arithmetic  mean found  by adding the
        weights of pollutants found each day of the year and
        then dividing this sum  by the number of days  the
        tests were reported.  This  limitation  is defined as
        "Annual Average" in Part  I  of this  pernit and the
        average annual discharge  value is reported in the
         Average" column under  "Quantity" on the 2MR .
"

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                                       Pace 11-18
                                       Pernit No.
3.   Concentration Measurements

    a.   The "average monthly concentration", ether than for
        fecal coliform bacteria, is the sun of  the concentra-
        tions of all daily discharges sampled and/or measured
        divided by the number of daily discharges sampled
        and/or measured during such month  (arithmetic mean
        of"the daily coentration values).  The  daily concentra-
        tion value is equal to the concentration of a composite
        sample or in the case of-.grab samples is the arithmetic
        mean (weight by flow value) of all the  samples collected
        during that calendar day.  The average  monthly count
        for fecal coliform bacteria is the geometric mean of
        the counts for samples collected during a calendar
        month.  This limitation is identified as "Monthly
        Average" or "Daily Average" under  "Other Limits" in
        Part I of this permit and the average raontly concen-
        tration value is reported under the "Average" column
        under "Quality" on the DMR.

    b.   The "average weekly concentration", other than for
        fecal coliform bacteria, is the sum of  the concen-
        trations of all daily discharges sampled and/or
        measured during a calendar week on which daily dis-
        charges are sampled and measured divided by the number
        of daily discharges sampled and-/or measured during
        such week -(arithmetic mean of the  daily, concentration
        values).  The daily concentration  value is equal to
        the concentration of a composite sample or in the case
        of grab sam'ples is the arithmetic  mean  (weighted by  -
        flow value) of all the samples collected during that
        calendar day.  The average weekly  count for fecal
        coliform bacteria is the geometric mean of the counts
        for samples collected during a calendar week.  This
        limitations is identified as "Weekly Average" under
        "Other Limits" in Part I of this permit and the average
        weekly concentration value-is reported  under the
        "Maximum" column under "Quality" on the DMR.

    c.   The "maximum daily concentration"  is the concentration
        of a pollutant discharge during a  calendar day.  It  is
        identified as "Daily Maximum" under "Other Limits"  in
        Part I of this permit and the highest such value recorded
        during the reporting period is reported under the
        "Maximum" column under "Quality" on the DMR.

    d.   The "average annual concentration", other than for
        fecal coliform bacteria, is the sum of  the concen-
        trations of all daily discharges sampled and/or
        measured during a calendar year on which daily dis-
        charges  are sampled and measured divided by the number
        of daily discharges sampled and/or measured during
        such year  (arithmetic mean of the  daily concentration
        values).  The daily concentration  value is equal _c

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                                                Page  11-19
                                                Permit No.
         the concentration  of a composite sample or in the  case
         of grab samples  is the arithmetic mean (weighted by
         flow value)  of  all the samples collected during  the
         calendar day.   The average yearly count for  fecal
         coliform bacteria  is the geometric mean of the counts
         for samples  collected during a calendar year.  This
         limitation  is.identified as "Annual Average"  under
         "Other Limits"  in  Part I of this permit and  the average
         annual concentration value is reported under  the
         "Average" column under "Quality" on the DMR.


4.  Other Measurements

     a.  The effluent flow  expressed as M3/day  (MGD)  is the 24
         hour average flow  averaged monthly.  It is the arithmetic
         mean of the  total  daily flows recorded during  the
         calendar month.  Where monitoring requirements for
         flow are specified in Part I of this  permit,  the flow
         rate values  are  reported in the "Average"  column under
         "Quantity" on the  DMR.

     *b.  An "instantaneous  flow measurement" is a measure of
         flow taken at the  time of sampling, when both  the
         sample and flow  will  be representative of  the  total
         discharge.

     c.  Where monitoring requirements for pH,  dissolved oxygen
         or fecal coliform  bacteria are specified in Part I of
         this permit, the values are  generally  reported in  the
         "Quality or Concentration" column on the DMR.


5.   Types of Samples

    Grab sample:  An individual  sample of at least  100  miliiliters
    collected at a randomly-selected  time over  a period not
    exceeding 15 minutes.

    Composite sample:  A  combination-  of  at  least 8  sample
    aliquots of at least  100 miliiliters,  collected at  periodic
    intervals during the operating  hours  of  facility over a 24
    hour period.  The composite  must  be  flow proportional;
    either  the  time interval between-each  aliquot or the volume
    of  each  aliquot must  be  proportional  to  either  the  streara
    flow at  the  time of sampling or the  total stream flow since
    the collection of the previous  aliquot.  Aliquots nay be
    collected manually or automatically.  For GC/MS Volatile
    Organic  Analysis (VOA),  aliquots must be combined in the
    laboratory  immediately before analysis.  Four (4)  (rather
    than eight)  aliquots or grab samples  should be collected
    during actual  hours  of discharge over a  24 hour period  and
   "need not  be  flow proportioned.  Only one analysis is
    requ ired.

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                                              Page II - 20
                                              Permit No.
6.   Calculation of Means

    a.   Arithmetic Mean:  The arithmetic mean of any set
        of values is the summation of  the  individual values
        divided by the number cf individual values.

    b.   Geometric Mean:  The geometric mean of  any set of values
        is the Ntn root of the product of  the individual values
        where N is eaual to the number of  individual values.
        The geometric mean is equivalent to the* antilog of the
        arithmetic mean of the logarithms  of the individual
        values.  For purposes of calculating the geometric
        mean, values of zero (0) shall be  considered to be one
        (1).

    c.   Weighted by Flow Value:  Weighted  by flow value means
        the summation of each concentration times  its respect-
        ive flow divided by the- summation  of the respective
        flows.

7.   Calendar Day

    A calendar day is defined as the  period from midnight of
    one day until midnight of the  next day.  However, for
    purroses of this permit, any consecutive 24-hour period
    that reasonably represents the calendar'day may be used
    for sampling.

8.   Abbreviations

    The following abbreviations, when  used, are defined below.

    cu. M/day or M3/day       cubic meters per  day

    mg/1                      milligrams  per liter

    ug/1                      micrograms  per liter

    Ibs/day                   pounds  per day

    kg/day                    kilograms  per day

    Temp.  °C                  temperature  in degrees Centigrade

    Temp.  °F                  temperature  in degrees Fahrenheit

                              turbidity measured by the
                                 Nephelometric Method (MTU)

    TNFR or TSS               total nonfilterable  residue cr  toc
                                 suspended  solids

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                                             i-age ij.-«_
                                             Permit No.
DO

BOD


TKN

Total  N

NH3-N

Total  P

COD

TOC

Surfactant

PH


PCB

CFS

MGD

Oil.&  Grease

Total  Coliform

'Fecal  Coliform

ml/1

NO3-N

NO2-N

NO3-NO2
dissolved  oxygen

five-day biochemical oxygen demand
  unless otherwise  specified

total  Kjeldahl  nitrogen as nitrogen

total  nitrogen

ammonia nitrogen as nitrogen

total  phosphorus

chemical oxygen demand

total  organic carbon

surface-active  agent

a measure  of the hydrogen ion
  concentration

polychlorinated biphenyl

cubic  feet  per  second

million gallons per day

Freon  extractable material

total  coliform  bacteria

total  fecal coliform bacteria

milliliter(s) per liter

nitrate nitrogen as nitrogen

nitrite nitrogen as nitrogen

combined nitrate 'and nitrite
  nitrogen .as nitrogen

total  residual  chlorine

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                                          Page  III-l
                                          Permit:  No.
                            PART  III

                       .OTHER REQUIREMENTS


SECTION A.  GENERAL BEST MANAGEMENT PRACTICES  CONDITIONS

1.  BMP Plan

    For purposes of this part,  the terms  "pollutant"  or
    "pollutants" refers to  any  substance  listed  as  toxic  under
    -Section 307(a)(1) of the Clean Water  Act,  oil,  as defined
    in Section  311(a)(l) of the Clean Water Act,  and  any
    substance listed as hazardous under Section  311 of the
    Clean Water Act.  The Permittee shall develop and implement
    a Best Management Practices (BMP)  plan which prevents,  or
    minimizes the  potential for the release of pollutants
    •(may want to limit to hazardous or toxic pollutants)  from
    ancillary activities, including material storage  areas;
    plant site  runoff; in-plant transfer,  process and material
    handling areas; loading and unloading operations, and
    sludge and  waste disposal areas,  to the waters  of the
    United States  through plant site  runoff; spillage or  leaks;
    sludge or waste disposal; or  drainage from raw  material
    storage.

2.  Implementation

    •The plan shall be developed within six months after  the
    effective date of  this  permit and  shall be implemented  as
    soon as practicable but not later  than 18  months  after  the
    effective date of  this  permit.

3.  General Requirements

    The BMP plan shall:

    a.  Be documented  irf narrative  form,  and shall  include  any
        necessary  plot  plans,  drawings  or maps.

    b.  Establish  specific  objectives  for the control of  pollutants

        (i)  Each  facility  component  or  system shall  be  examined
             for  its  potential  for  causing a release  of  signifi-
             cant  amounts of  pollutants  to waters of  the  United
             States due  to  equipment  failure,  improper operation,
             natural  phenomena  such as. rain or snowfall,  etc.

        (ii) Where experience  indicates  a reasonable  cotentiai
              for  equipment  failure  (e.g., a tank overflow cr
              leakage),  natural  condition  (e.g.,  precipitation;,
             or other circumstances to result in significant
              amounts  of  pollutants  reaching surface waters,
              the  'plan should  include  a prediction cf  the
             direction,  rate  cf flow  and  total cuantity  cr
              oollutants  which  could be discharged from the

-------
                                            Page  "1-2
                                            Permit So.
             facility as  a  result  of  each  condition or
             circumstance.

    c.  Establish specific  best management practices  to meet
       'the objectives  identified  under  Paragraph III-A-3(b),
        addressing each component  or  system capable of causing
        a .release of significant amounts of pollutants to the
        waters of the Onited States,  and identifying  specific
        preve-ntative or remedial measures  ta  be  implemented.

    d.  Include any special conditions established in Paragraph
        III-B of this  permit.

    e.  Be reviewed by  plant engineering staff and the plant
        manager.

4.  Specific Requirements

    The plan shall be consistent with the  general guidance
    contained in .the publication entitled  "NPDES Best Manage-
    ment Practices Guidance Document" (June,  1981) and shall
    include the following as a minimum:

    a.  BMP Committee
    b.  Reporting of BMP  Incidents
    c.  Risk Identification and Assessment
    d.  Employee Training
    e.  Inspections and Records
    £.•  Preventive Maintenance
    g. • Good Housekeeping
    h..  Materials Compatibility
    i.  Security

5. 'SPCC Plans

    The BMP plan may reflect requirements  for Spill Prevention
    Control and Countermeasure  (SPCC) plans under section 311
    of the Act and 40 CFR Part  151, and  may incorporate any
    part of such plan  into  "the  BMP plan  by reference.

6.  Hazardous Waste Management

    The Permittee shall assure  the proper  management  of solid
    and hazardous waste in  accordance with regulations promul-
    gated under Solid Waste Disposal  Act,  as  amended  (RCRA)
    (40 0.S.C. 6901 et. seq).   Management  practices required
    under RCRA regulations  shall be referenced in the 3MP
    plan.

7.  Documentation

    The permittee shall maintain a description of the 3M?  plan
    at the facility and shall make the  plan available to  the
    Director upon request.

-------
                                           -age  ._;->
                                           Perr.it No.
•S.  3MP Plan Modification
    The  permittee  shall  amend the BMP plan whenever there is a
    change  in  the  facility or change in the operation cf the
    facility which materially increases the potential for
    ancillary  activities to result in a discharge of significant
    amounts of pollutants.

 9.  Modification  for Ineffectiveness

    If the  BMP plan proves to be -ineffective in achieving the
    general objective of preventing the release of significant
    amounts of pollutants to surface waters and the specific
    objectives and reouirements under paragraphs III-A-3(b) and
    (c),  the  permit and/or the BMP plan shall be subject to
    modification  to incorporate revised BMP requirements.


 SECTION  B.  SPECIFIC BMP CONDITIONS (Sample Conditions)

 1.  All  process waste, and surface runoff  from  process areas
    subject to spills or leaks of raw materials or products
    containing toxic or hazardous materials, shall be contained
    and  directed  to the waste treatment plant or polishing
    pond.


 Z.  Storage of "wastewater treatment sludges, polishing pond
    dredgings  and chrome treatment sludges shall be managed to
    minimize  the  potential for release of  toxic or hazardous
    substances to navigable waters.  Storage areas shall be
    graded  to  prevent run-on of surface runoff  from adjacent
    areas and to  prevent accumulation or  ponding of  precipitation
     in the  storage areas.  Management practices shall be de-
    signed  to minimize  infiltration of precipitation  into  sludge
    storage piles and to minimize leachate.  Surface  runoff and
     leachate   from storage areas  shall be  conveyed  to  the final
     polishing pond" through the existing storm drainage system.
    These management  conditions  are based  upon  the classifi-
     cation  of stored  sludges and dredgings as non-hazardous
    materials under applicable  regulations  for  hazardous
     wastes  (40 CFR Parts  260-265).  Should any  changes  in  the
     constituents of the materials being stored  or  in  the de-
     ^inition  of hazardous wastes result in  the  stored wastes
     or leachate from  the  storage  piles meeting  the definition
     of a hazardous waste,  the Director shall be notified and
     the Permittee  shall make  the  necessary changes  in management
     practices to comply with applicable- State and  federal
     regulations for  storage  of  hazardous  wastes.

 3.  -he existing  "land  farm" area  for  land disposal  of  waste-
     water treatment  sludges  located  north of  the  sludge  storage
     a^°a shall be managed  to minimize  the potential  ror  release
      "f  *,-.x
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     shall be conveyed to  the  storm  drainage  system  tributary
     to the final polishing  pond.  Surface  runoff  from  the
     disposal area shall not be  allowed  to  discharge  through
     Outfall *	.

 4.  All drums containing  hazardous  substances now stored west
     of the cooling towers shall either  be  removed from the
     plant site within 120 days or shall be managed  in a storage
     area meeting the interim  status standards of  its RCRA permit
     requirements for storage  of hazardous  wastes  in containers.
     (See 40 CFR 262.34 and  Subpart  I of Parts 264 and 265.)
     All other containers  that have  held hazardous wastes shall
     either be triple rinsed or otherwise managed  so that they
     meet requirements for exclusion as a hazardous waste.

 SECTION C.  BIOMONITORING

 1.  The Effluent Toxicity limitation contained in Part I is the
     allowable acute toxicity  and is expressed as  the minimum
    "LC-50 in percent effluent .(the LC-50 is  the concentration of
     effluent estimated to result in mortality to  fifty percent
     of the test organisms).  The required  test organism is the
     fathead minnow (Pimephales promelas) tested over 96 hours
     in accordance with Methods for Measuring the Acute Toxicity
     of Effluents to Aquatic Organisms, EPA-600/4-78-012,
     Revised July 1978.

 2.  The Permittee shall conduct monitoring of effluent toxicity
     once per month.   One grab sample shall be collected and
     tested within 36  hours of collection.   Results shall be
     reported as the  96-hr LC-50.  Any test that does not meet
     .quality criteria  as described in the above referenced
     methods shall be  repeated us-ing a freshly collected sample
     as soon as  practicable.

 3.   If effluent toxicity exceeds the limitation in Part I,  the
     Permittee  shall  submit,  if requested by the Director,
     within 45 days a  plan  and  schedule for conducting a toxicitv
     reduction evaluation.   The toxicity reduction evaluation,
     when  completed, shall  determine  how the Permittee can
     achieve the effluent toxicity limitation including an
     implementation schedule.  After  approval of  the  plan  by
     EPA,  the Permittee  shall conduct the evaluation  within*the
     specified time frames.  Upon completion of the toxicity
     reduction evaluation,  this permit  may  be modified,  or
    alternatively revoked  and  reissued,  in order to  incorporate
    appropriate  permrt  conditions  and  compliance schedules.


SECTION D.  OTHER CONDITIONS

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                      SURFACE WATER QUALITY DIVISION
                             PERMITS  SECTION
Procedure No. 2

Title:  NPDES Permit Issuance  Schedule
The attached schedule has been  set  up  to  process  and  issue  NPDES  permits.
The schedule is for regular  permit  reissuances.   The  entire schedule
will be repeated every  five, years in the  same  order.   The schedule  has
been organized to (a)   provide  a uniform  total annual rate  of  permits
being processed, (b) provide a  relatively uniform annual rate  of  permits
being processed by each district, (c)  group  permits being processed
by hydrologic basin.  Thus,  the work load will be spread reasonably
evenly over the entire  five  year schedule for  all units  involved  in
the process.  In addition,  this concept:

1.   Establishes the plan to systematically  prioritize permit  issuance.
     The permit issuance schedule will be known far enough  in  advance
     to allow timely and systematic intensive  studies so  that  recent
     data for permit limits  will be available  when needed.

2.   Provides a method  to eliminate the backlog of expired  permits  over
     a five year period.

3.   Provides a method  of considering  clusters of dischargers  together.
     This will allow all facilities which are  allocated  portions  of
     the assimilative capacity  of the  same receiving  water  segments
     to be considered at one time.

There are- several categories of permits which  will take  priority  over
the regularly scheduled reissuances in a  given year.   These "priority
permits" include the following  three categories:

1.   New or increased use requests. This category will  include most
     construction grant facilities.

2.   Permit modification requests if it is decided that  the modification
     cannot wait until  the  regular  reissuance  year.

3.   Reissuances of expired permits if it is decided  that  the  reissuance
     cannot wait until  the  regular  reissuance  year.   Note:   If it is
     not critical that  the  permit be reissued  (that  is,  if  conditions
     of the previously  expired  permit  are adequate)  it will simply  be
     left expired until the regular reissuance year.

When necessary, short-term  permits  will be issued for these three priority
categories.  This will  ensure Chat  each facility's permit  expiration
will coincide with  the  next reissuance year for that  facility's receiving
water segment.  This will put all such priority facilities  onto the
repeating five-year schedule.

-------
The processing  rate  for permits has been determined as  follows:

1.   There are  approximately 1,300 active NPDES permits.  Therefore,
     1,300 divided by 5 equals 260 per year, or 22 permits per month
     to be reissued.

2.   New or increased use requests (priority category 1} have averaged
     approximately 40 per year over the past four years.  We estimate
     that modifications and reissuances in priority categories 2 and
     3 will average  approximately 56 per year.  Thus, the total estimate
     for priority permits is 96 per year, or 8 permits  per month.

3.   Therefore,  the  average processing rate is 22 reissuances plus 8
     priority permits for a total of 30 permits per month.

Approvals:
Chief, Permits  Section              Date
 'J•&t.bdst/&\     T?~ 7± - «'5
Chief, Surface  Hater Quality.)/     Date
Division
                                 -2-

-------
                  NPDES PERHIT ISSUANCE SCHEDULE
NUMBER OF PERHITS TO BE ISSUED BY YEAR, DISTRICT AND RIVER BASIN
                                                                                            Page 1 of 3
DETROIT    JACKSON    LANSING    SAG IN AH    PLAINUELL  SD RAPIDS  CADILLAC   RQSCOMON  (1ARQUETTE  TOTAL
TEAR 1 
-------
                  NPOE5 PERMIT ISSUANCE SCHEDULE
KUBBER OF PERMITS TO BE ISSUED BY YEAR, DISTRICT AND RIVER 9ASIN
                                                                                            P»qt 2 of 3
DETROIT    J4CKSON    L/WSIN6    SA6INAH    PLAIIWELL  SD RAPIDS  CADILLAC   ROSCOHRONJMRQUE7TE  TOTAL
YEAR 3 CFY86,91,96,...)
CLINTON (C)
Clinton 43
KALAHAIOOfin
KiUuzoo
5A6INAH(H)
SiflintM
iRANOiR)
L Srand
NANISTEEW
RIFLE iH)
HANISTIGUEim
HILLECOCUINSim
CARP
-------
                                              NPOE3 PERHIT  ISSUANCE SCHEDULE                                   Page 3 of 3
                            NU11BER Or PERHITS TO  BE  ISSUES  3Y YEAR, DISTRICT AND RIVER BASIN
DETROIT JACKSON LANSING SAGINAH PLAINWELL SD RAPIDS CADILLAC RQSCOMON Hi
YEAR S (RS8,?3,78,...)
DETROIT (E)
Detroit 45
GRAND <«>
U Grand IB 28 1
Red Cedar 18
SAGINAH (H)
Cass 23
ST JOSEPH (H)
L St Joseph 33
Paw Pi* 27
HUSKESON(H) 23 IB 1
AU SnESiH) l3
CARP(S)
SALJ1DN TROUT(S)
STURGEON (S)
TOBACCO (S)
PORTAGE LAKE IS)
ACTUAL TOTALS 43 18 46 23 62 26 IB 14
aNNUAL GOALS 46.8 30.0 26.2 23.6 38.2 33.8 17.6 14.6
flRBUETTE TOTAL




t B
18
*JT
23
TC
35
^*T
27
44
13
8 6
1 •>
n "
L t.
4«
»
19 271
19.2 252
GRAND TOTALS         234         130         131        128          191         1W        88          73         96     1260
 NOTE:  ANNUAL GOALS  represent  1/5 of GRAND TOTALS  for  each  District
 KEY:

'10 Tributary to Lake St  Clair
 (E) Tributary to Lake Erie
 (H) Tributary to Lake Huron
 (H) Tributary to Lake Hichigan
 (S! Tributary to Lake Superior

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                             Region I

                     Minor Municipal Permits
Status
     Regionally, 360 Minors Exp. by 9/30/86 (includes POTWs , Water
     Treat., Landfills, Wells, etc)
     213 in Non-Delegated States (93%) Exp. by 9/30/86 (NH, ME, MA)
     147 in Delegated States  (76%) Exp. _by 9/30/86  (CT> RI , VT)
Proposed Prioritization

   0 Possible criteria for selection  as  "significant minor" include
         No treatment, no permit or primary only
         301 (h) applicant
         Change in facility  since  last permit
         Priority water  body or discharge  to Narr. Bay /Buzzards Bay
         Primary or significant industry,  toxics
         Potential eligible  secondary redefinition
         State or enforcement  priority e.g. 92-500
         Grant
Possible  Strategies
          Strategy  will  array  permits  according  to  criteria  ultimately
          se-iected  i.e.,  30-Kh-) ,. bay,  toxics,  grant: etc.
          From array  permits 'will be developed on basin  basis  to
          minimize  PN costs
          Generic permits will be considered  for simple  POTWs  and  some
          non-POTWs i.e.  water treatment  plants;" generic permits will
          not  be general  permits.
                                                RECEIVED
                                                              r\
                                               COMPLIANCE BRANCH

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 0INOH  DISUIAKliL UAbSIHUlMUN
 MASSACIIUSEHS MINOR DISCHARGERS  MASSACHUSETTS MINOR DISCHARGERS  MASSACIIUSEIIS MINOR DISCHARGERS  MASSACHUSETTS MINOR DISCHARGERS  HASSACHUSEIIS HINOR DISCHARGERS  MASSACHUSE

            FACILHV
 GOSNOLD
 FALMOUTH
 MAIIAPOISETT
 NORIIIUHBERLAHD
 HAREIIAM HIP
 BEVERLY O'FLOH 002-001
 CHELHSFORO
 CLINION BYPASS
 ORACUT 001-002
 DRACUT 100, SEPJA6E DUMPING
 LAURENCE OIB-02?
 NAN1UCKEI-SEA ST FP6 STA
 SHREWSBURY SANITARY LANDFILL
 WINCHESTER
 STOCKBRIDGE WHIP
 6RQVELANO INTERCEPTOR NELLS
 NHL IS UAIER SUPPLY NELLS
 FI1CIIBUR6 DPM LANDFILL
 Awes! FIELDS HWJF
 LEICESTER HTP
 MEKRIMAC
 S1URBRIDBE SIP HEM BDSTDH RD
 A5IIF1ELD
COIIASSET
IHIHIINGION FO
HATFIELD
 DOUGLAS MTP
LYNN DPM
fiUINCY SANITARY LANDFILL
 HIL10N 001-010 IP HOC
 HAUDUICK
 RUSSELL STP
 LEN01 CENTER HIP
 MONROE KIP
 MUNI GREYLOCK
NORIIIFIELD NPCF
ROYALSTON
SIIEL6URNE FAILS HHIF
HIIEELHRIGIII SIP PACKAGE  PLANI
NPDES NO.
MAO 1 0008 1
MAOIOI729
MAOI00072
NAOIOII31
MAOIOI893
HAOI005U
MAOI024I5
MAOI0039I
HAOIOII84
MAO 102300
nAOI0204l
NAOI00048
MAOI02B3I
KA0102792
HAOIOIOB7
MAOI0266I
HAOI02784
MA0027537 .
HAOI00757
HAOIOI796
HAOIOII50
MAOI0042I
HAOI00749
MAOI00285
MAOIOI265
HAOIOI290
MAOIOI095
HAOI026IO
MAOI025BO
HAOI00536
MAOIOOI02
MAO 100960
MAOI00935
MAOIOOI88
MAOI00323

HAOI00200
MAOIOOI61
HAOIOI044
MAOI0243I
PRIORITY 1TEH
301 h
BAY
BAY
BAY
BAY
NO TREATMENT
NO TREATMENT
NO TREATMENT
NO TREATMENT
HO TREATMENT
NO TREATMENT
NO IREATMENT
NO TREATMENT
NO TREATMENT
PRIMARY
TOIICS
ionics
PRIORITY HATER
HDL
HQL
HOL
INDUSTRY
CHANGE
CHANGE *
CHANGE
CHANGE
CHANGE
CHANGE
NO PERMIT
NO PERMIT
PL-92-500
GRANT
OTHER
OTHER
OTHER

OTHER
OTHER
OTHER
OTHER
DISCHARGE LOCATION
VINEYARD SOUND
6REAT HARBOR-VINEYARD SOUND
HATIAPOISETT HARBOR
THREE NILE RIVER
AGAHAN RIVER
ATLANTIC OCEAN t BASS .RIVER
HERRINACK RIVER
NASHUA RIVER, SOUTH BRANCH
MERRIMACK RIVER
BEAVER/PEPPERMINT BR00K9,
MERRIMACK RIVER
NANTUCKET HARBOR
816 BUMRETT BROOK VIA ftROOK
NYSTIC RIVER
HOUSAIOHIC RIVER
BR1NDLE BROOK I JOHNSONS CREEK
SUGAR BROOK
FLAG BROOK
FORT RIVER
FRENCH RIVER
EIPIRE TYPE
820301 HOIIE
770701 NoNE
800301 HONE
820930 MONE
810325 AS
B2I03I NONE
NO PERN. NONE
«WI NONE
770101 NONE
770101 NONE
830406 NONE
770701 NONE
NO PERM. NONE
NO PERN. NONE
84115 FRItl
SUI365 AL
NO. FIRM DELLS
NO PERN. LA6
801001 AHT
8301 II EA
COBBLER'S BROOK I MERRIMACK RIVER 820701 OD
OUINEBAUG RIVER
SOU1H RIVER
COIIASSET HARBOR
NESTFIELD RIVER
CONNECTICUT RIVER
MUHFORD RIVER
BREEDS POND
NEPONSEI RIVER-FURNACE BROOK
NEPONSET RIVER
HARE RIVER
HESTFIELD RIVER
HOUSATONIC RIVER
DEERFIELD RIVER
6REEN RIVER

CONNECTICUT RIVER
MILLERS RIVER
DEERFIELD RIVER
HARE RIVER
830401 EA
870401 ST/SS
840630 EA
B3I2II EA
770630 RBC
790301 EA
NO TERN. |
NO PERM.
NO PERH.'PGSTA
840614 EA
820831 EA
820301 EA
841207 EA
840614 EA
I
840928 EA
840614 EA
830801 EA
820501 SEC
GRANT


NO

YES
NO
NO
NO



NO
NO
NO
YES-2
NO


NO

YES-3
NO
NO
NO
PL-92-500
YES
NO .


NO
PL-92-SOOiJ
YES
NO
NO
NO

NO
NO
NO
NO
301 h FLOH IND
YES 0.02 NO
NO 0.3 HO
NO UNK NO
NO UHK NO
NO 0.18 YES-5
NO OFLDH YES
NO UNK NO
NO OFLOH YES
NO 0.019 NO
NO 0.005 NO
NO OFLOH YES
NO O'FIOH NO
NO UNK NO
NO OFLOH NO
HO 0.65 NO
NO 0.4 NO
NO UNK NO
NO 0.003 NO
NO 0.04 NO
NO 0.16 NO
NO 0.45 NO
NO 0.31 YES
NO O.OIB NO
NO 0.08 NO
NO 0.2 HO
NO 0.7 NO
NO O.IB NO
NO NA
NO
NO UNK NO
NO 0.043 NO
NO 0.11 NO
NO 0.91 NO
. NO 0.078 NO
NO 0.012 NO

NO 0.275 NO-
NO 0.039 NO
NO 0.75 NO
.NO 0.043 NP
CHANGE


EL IN 3-82
TO TAUNTON
AHT?
NO


SEC?
ELIM?


NEH DIS

AS DESIGNED
SU?


ELIH?
AHT?
YES-SEC

YES
YES-FLOH TO O.I
YES
YES
YES
SU '86






NO

NO



PRI HIR
YES-BAY
YES-BAY
YES-BAY
YES-BAY
YES-BAY
YES
NO
NO
NO
NO
YES
NO
NO
NO
NO
NOL/CERCLA
•NO
YES
HOL
HOL
HQL
.NO
NO
NO
NO
NO
:ND
NO
NO
(NO
NO
NO
NO
NO
NO

NO
iNO
,NO
•NO
01 HE







PRIORP




inr


TOI-TCE,
TOI « (
PKI HAi











AUJ POHI











-------
 MAINE nillUR
MINOR DISCHARGERS
mm oisuiAHutKS  mm mm DISUIAKGIRS  mm mm
                                                                  nil I lit  it l mm
             FACIUTIf
 BAYVKLE VILLAGE CORP. 001-006
 EASIPORI HIP 001-021
 JONESFOHI HIGH SCHOOL
 LUBEC 001-001
 HUBRIDGE
 N1IRIII HAVEH 001-003
 NORIIIPORI VILl,A6EtORP.OOl-W1
 PORILANO PAP-E END DUHP SITE
 ROCKPORf 001-005
 SEARSPORT MTP 001-006
 SQUIRREL ISLAND 001-031
 SIQNINGION SO 001-002
 HINIERPORT SO
 AUOURH SO 001-011
 BRI06IQH
 BROWN7ILLE 001-006
 CLIHTON 001-002
 DAHFORIH SIP
 DOVER-FOICROF! 001-007
 EASt  HADISON
 GORMAN-GREY RO'
 6U1LFORD SEfcER GO. 001-006
 HALLOHELL  001-009
 KANPDEN 001-00?
 JACKMAN SO 001-002
 KAOISOH-LOMER HILL
 niLO  NO
 NORRIDGEMOCK HO
 NORTH ANSON
 HORIH BERWICK
 RANDOLPH 001-005
 SMtGERVILLE HIP 001-007
 SIRONS
 VEAME  SD 001-005
 MAURVILLE SD
 EASf  millNDCKEI
 MRS  HILL UD
 SOUTH BERWICK SO
 ASHLAND MSD
NPDES NO.
HE010U64
HEOI00200
MEOIOI052
MEOI020I6
HE0100404
HEOI01907
,JIE010090I
HEOIOI433
HEOIOI877
HEOIOI966
KE01006SO
HEOIOI85I
MEOI00749
ME0100005
HEOIOOOBI
IIEOt 00099
HEOIOI699
HEOIOOIil
HEOI0050I
ME010I940
MEOI00242
MEOIOI92J
HEOI010IO
ME 01 00897
HEOI0097B
MEOIOI931
HE0100439
MEOI0200B
HEOIOIIO?
HEOI01BB5
HEOI 02083
MEOIOI044
NE010IB93
HEOI00706
ME010I508
HEOIOOI96
HEOIOI079
NEOI 00820
HEOIOI087
PRIORI IY IIEH
301 h
301 h
301 h
301 h
301 h
301 h
301 h
301 h
301 h
301 h
301 h
301 h
301 h
NO 1REATHENT
NO TREATMENT
NO 1REATHENI
NO TREATMENT
NO 1REATHEN1
NO TREATMENT
NO TREATMENT
NO TREATttENT
NO TREATMENT
NO TREATMENT
NO TREATMENT-
NO TREATMENT
NO TREATMENT
NO TREATMENT
NO TREATMENT
NO TREATMENT
NO TREATMENT
NO TREATMENT
NO TREATMENT
NO TREATMENT
NO TREATMENT
NO TREATMENT
PRIMARY
PRIMARY
PRIMARY
PRIORI IY HATER
                                   DISCHARGE LOCATION
                                       LINEKIN BAY
                                    PASSAHAQUODDY BAY
                                     HOOSABEC REACH
                                     AllANT 1C OCEAN
                                    NARRA6UAGUS RIVER
                                 FOMSLAHD THOROUGHFARE
                                      PENOBSCOI PAY
                                     PORTLAND HARBOR
                                     ROCKPORT HARBOR
                                    SEARSPORT HARBOR
                             AtLANTIC OCEAN, BOOTHBAY HARBOR
                                    SIONINGTON HARBOR
                                     PENOBSCOT RIVER
                                   ANDROSCOGGIH RIVER
                                      STEVENS BROOK
                                     PLEASANT RIVER
                                    SEBASTICOOK RIVER
                                    BASKAHE6AN STREAM
                                    PISCATAOUIS RIVER
                                   NESSERUNSETT STREAM
                                       PRESUMPSCOT
                                    PISCATAOUIS RIVER
                                     KENHEBEC RIVER
                                     PENOBSCOT RIVER
                                       MOOSE RIVER
                                   HESSERUHSETT STREAM
                             PISCATAOUIS,  SEBEC I PLEASANT
                                     KENNEBEC RIVER
                                   CARRABASSETI RIVER
                                    GREAT HORKS RIVER
                                     KENNEBEC RIVER
                           CARLTON 5TREAN,PISCATAOUIS R|VER
                                     VALLEY BROOK.
                                   PENPENOBSCOT RIVER
                                   HESSALONSKEE STREAM
                             PENOBSCOT RIVER,  NEST BRANCH
                                     PRESTILE  STREAM
                                   SALMON FALLS RIVER
                                    AROOSIOOK  RIVER
EIPIRE
820215
820401
820401
NO PERN.
81 1001
820615
820401
.810715
830616
NO PERN.
820215
820215
820215
820801
81 1001
820215
B202IS
830616
820401
NO PERN.
820401
820401
B20JOI
820301
820215
NO PERN.
820215
84041 1
761001
830616
B206IS
77032B
820613
81 1001
824401
840B2B
820501
820215
790301
TYPE
NONE
NONE
NONE
NONE
HONE
NONE
NONE
NONE
HONE
NONE
NONE
NONE
AS
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE
NONE,
NONE'
NONE
NONE
NONE
NONE
NONE
NONE
NONE
MUM
PRIN
PRIM
SP
6RANT






NO





YES
NO
NO



NO
NO
NO














YES
NO
NO
NO
301 h
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
KO
NO
FLOW
0.004
O.IB
0.0005
0.001
0.07
UHK
0.064
BP/OFLO
UNK
UNK
0.03
0.001
0.11
OFLOH
UNK
0.098
0.087
0.03
UHK
0.012
0.01..
UNK
UNK
UNK
UNK
0.0045
0.33
UNK
UHK
0.25
O.I
UNK
UHK
0.19
UHK
0.49
0.35
0.5
0.12
IND
NO
YES
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO

NO
NO
NO
NO

NO
NO
NO
NO
HO
NO
NO
NO
NO
NO
NO
YES
NO
NO
NO
NO

NO
NO
NO
NO
CHANGE
PRIM?






ELIH?






CONST?




ST H/SF?

TO GSSD
TO AUGUSTA
TO IAN60R

TO TIE-IN?



NEK PIT?
TO GARDINER?
TO JEOI 02032.


TO KEHHE8EC?
YES-SEC
NO
NO
YES
PRI KIR OTHER
NO
NO
NO
NO
YESI
YES
YES
do
NO
YES
NO SUMMER ONLY
IP
NO
NO
NO
NO
do
YES
YES
NO
NO
YES
NO
NO
NO
NO
NO
NO
YES
YES
NO
YES
NO
YES
NO
NO
NO
NO
YES

-------
      MINOR DISCHARGERS  MINE MINOR DISCHARGERS  MINE MINOR DISCHARGERS  MAINE hi NOR b I CHARGERS
            FACILITY            NPDES NO.    PRIORITY HEN
CAPE ElllABETH-HUNJ'S POINl     HEOI007I7   PRIORITY MATER
CAPE EUIABEIH-SPUfiHINK AVE.    HEOIOI265   PRIORITY HATER
CORINHA SO                      HEOI0204I   PR10RI1Y HATER
GUILFORD-SAN6ERVULE SO         HEOI020J2   PRIORITY KA1ER
HAPLE10N SO                     NEOIOI257   PRIORITY VATER
OLD TOWN, STIllMATFR AREA       J1EOI004BO   PRIORITY HATER
PAIIEN                          JIEOI005IO   PRIORITY MATER
RUMFORD HEIICO SO               HEOIOI486   PRIORITY HATER
SA8AT1US SO                     HEOI01842   PRIORITY HATER
SACO FACTORY ISLAND             HE010U33   PRIORITY MATER
VASSALBORO SD                   HEOI00672   PRIORITY MATER
WASHBURN 001-001                HEOIOI028   PRIORITY MATER
DE1IER UD                       HEOIOOI70         HOI
FREHCIIVHIE                     KEOIOI782         MOL
PASSAHAOUODDY HA.PETER DANA PT  HEOIOI753         AMT
PftSSftNftQUODDY HA,S1RTP MWTF     HEOIOI737         AMT
SCARBOROUGH SO                  HEOI00743      INDUSTRY
UNITY UD                        HEOIOII50      INDUSTRY
PORTLAND CONGRESS SI SIP        KEOIOOS44      INDUSTRY
UALOOBORO SD NMIF               HEOI007I4      INDUSTRY
HOHLAMD                         NEOIOI7BB      INDUSTRY
NEWPORT SO                      NEOI00447      INDUSTRY
BRUNSWICK GRAHAM RD IANDFIIL    HEOI02II3   SECONDARY REDEF
MNTQII                          NEOIOI77I   SECONDARY REDEf
KINGFIEID                       I1EOIOI7II       CHANGE
BLUE HILL                       HEOIOI23I      FL-72-50
ISlEbORO                        HEOI00267      PL-72-50
PEMOBSCOT HOUSING AIUHORITY     HEOIOI3II      PL-72-50
LlttERICK SD                     HEOIOOB7I        GRANT
BAR IIARBDR-DEGREGOIRE PARK      HEOIOI28I        OTHER
BAR HARBOR-HULL'S COVE          HEOIOI273        OTHER
BETHEL UUTF                     HEOIOU76        OTHER
BIN6IIAH                         ME0100056        OTHER
CASIINE                         HEOIOII72        OTHER
HARMON* SCHOOL DISTRICT         MEOI01656        OTHER
JAY                             HE010I06I        OTHER
MOUNT DESERT                    HE010I362        OTHER
      DESERT                    HEOIOI3J8        OTHER
      DESERT                    MEOIOI354        OTHER
(15AD 370-HILl POND IF           HEOIOIBIB        OTHER
      DISCHARGE LOCATION
        ATLANTIC OCEAN
    SPURHIUK RIVER ESTUARY
       SEBASTICOOK RIVER
       PISCATAOUIS RIVER
      PRESOUE ISLE STREAK
        PENOBSCOf RIVER
          FISH STREAM
      AIIDROSCOGGIM RIVER
        SABATTUS RIVER
          SACO RIVER
          HEPBER POND
        AROOSTOOK RIVER
SEBASTICOOK RIVER, EAST BRANCH
        ST JOHNS RIVER
       GRAND FALLS LAKE
       6RAND FALLS LAKE
        NONESUCH RIVER
    TMENTY FIVE HILE STREAM
       STROUDMATER RIVER
         nEDOIIAK RIVER
       PISCATAOUIS RIVER
SEBASTICODK RIVER, EAST BRAHCH
      ANDROSCOG6IN RIVER
         NHITNEY BROOK
      CARRABASSETT RIVER
    BLUE HILL BAY-ATLANTIC
 DARK HARBOR-E,  PENOBSCOT  8ftY
        PENOBSCOI RIVER
          BROKN BROOK
ATLANTIC OCEAN-FRENCIIHAH'S BAY
ATLANTIC OCEAN-FRENCIinAN'S BA.Y
      ArtDROSCOGGIN RIVER
         JACKSON BROOK
        BAGACUCE RIVER
         HIG6INS BROOK
       SEVEN MILE STREAM
     SOHES SOUND, ATLANTIC
     OTTER CREEK, ATLANTIC
     SEAL HARBOR, ATLANTIC
      HEOUXNEKEAG SIREAH
EIPIRE
B30907
870215
NO PERN.
810B72
a
-------
     HAMPSHIRE NIKOR DISCHARGERS  NEH HAMPSHIRE MINOR DISCHARGERS  NEK HAMPSHIRE IIINOII PISCHARKRS  HE'U HAMPSHIRE MINOR DISCHARGERS  NEN IIAIIPSIIIHt fllNUH 1/iM.n/muuu,
             FACIUfr            IIPDES NO.    PRIORITY MEN
 BEDFORD                         KHOIOI095    NO TREATMENT
 B£IWWI                         NHOIOI06I    NO TREATMENT
 80H TOWN OFFICE IftDB,            NHOI004BO    NO TREATMENT
 AFIELD                         HIIOIOI087    NO IREAIHENT
 HARLBOROU6H                     NIIOIOIII7    NO TREATMENT
 MILTOII HIP 001-003              NI10I00676    NO TREATMENT
 MONROE «FP 001-003              NHOI00897    NO TREATMENT
 KALFOLE                         NH0100463    NO TREATMENT
 HILTON                          NHOI00633    NO TREATMENT
 OSSIPEE                         MHOIOM25       PRIMARY
 HINCHESIER HFCF                 NII0100404       METALS
 ANTRIM HIP                      NIIOIOGS6I   PRIORITY HATER
 eElllLEIIAH VILLAGE  DIST.          HIIOI0050I   PRIORITY HATER
 S1RAIFORD-NILL  HOUSE NN1F        NMQIOI2I4   PRIORITY HATER
 STRATFORD-VILLAGE  NNIF           NIIOI00536   PRIORITY HATER
 TROY                             MIIOIOI052   PRIORITY HATER
 60RIIAH                          NHOI00927   PRIORITY HATER
 MINEFIELD                      NHOI005IO   PRIORITY HATER
 SULLIVAN  COUNTY NURSING HOME     NHOI006B4        ANT
 BRISTOL HIP                      NIIOI0002I      INDUSTRY  •
 ROCKIMGIWH COUNTY  HOME           NIIOI00609   SECONDARY REOEF
 EPPING NIP                      NHOI00692   SECONDARY REDEF
 LISBON HIP                      NHOI0042I    SECONDARY REDEF
 NEH HAflPlOl! VILLAGE PRECINCT     NHOI00358   SECONDARY REDEF
 COHUAY FD                       NHOI004I2      CHANGE
 6IJNSIOCK  RECREATION AREA         NHOI00994       CHANGE
HOPKIH6TON                      NHOI00579      CHANGE
HERRIMACK  COUNTY HOME            NHOI0093S      CHANGE
 S1RAFFORD COUNTY HOMEHIP         N»0r0064l       CHANGE
VQODSVIllE FD                    NIIOI00978       CHANGE
CHESHIRE  COUNTY NURSING HOME     NHOI0039I      PL-92-500
HARNER VILLAGE FD               NIIOI00498      PL-92-500
ROLLINSFORD MIP                 NIIOI0025I        OTHER
SUHAPEE STP                     NIIOI005M        OTHER
KOODSIQCr  HTP                   HI 10100293        OTHER
        DISCHARGE LOCATION
          NERRIHACK RIVER
 TI06A R.,SILVER LK,LK HINNtSOUAM
           TURKEY RIVER
      HASCONA RIVER AND LAKC
          HINNENANA RIVER
        SALMON FALLS RIVER
        CONNECTICUT RIVER
        CONNECTICUT RIVER
          SQUHE6AN RIVER
           PINE RIVER
          ASHUELOT RIVER
        CONTOOCOOK RIVER
      BLACK BROOK, AMMONUSUfi
 KIHDAL BROOK-CONNECTICUT dlVER
        CONNECTICUT RIVER
          ASHUELOT RIVER
       ANOROSCOGGIN RIVER
           JOHNS RIVER
        LITTLE TRIDUTARY
       PEHI6EHASSETT RIVEli
    ICE POND DROOK TRIDUTARY
          LAMPREY RIVER
        AMMONOOSUC RIVER
PEKI6EHASSET RIVER-HATCHERY IRDOK BI05I&
           SACO RIVER
         POOR. FARM DROOK
         CONIOCDOK RIVER
         HERRIHACK RIVER
          COCHECO RIVER
 AHHONOOSUC t CONNECTICUT RIVER
        CONNECTICUT  RIVER
          HARDER RIVER
       SALMON FALLS  RIVER
           SUGAR RIVER
       PENI6EIMSSET  RIVER
£ IP IRE
770630
B205I3
811230
B2III6
B20BI6
770401
B20BI6
820531
B2III7
770301
820606
B20IOI
830214
NO PERM.
B2III7
830214
820812
820531
790410
840508
781201
B505I4
890328
E B405I6
840516
NO PERHi
8M2rf-
7.9I2IB
790101
820016
840619
841 IW
B 1061 9
840508
B40SI6
TYPE
NONE
NONE
NONE
NONE
NOIIE
NONE
NONE
NONE
NONE
PRIM
00
AL
ALI
ST/SFI
ST/SFI
ALI
EA
EAI
AL/SF
OD
TF/PP
SP
SP
IAG
AL
SEC
ALI
AL
AL
EA
AL
OD
OD
OD
OD
BRANT 301 h










PL-92-500
Pl-92-50013
YES
PL-92-500
PL-92-500
YES
PL-92-500
YES
PL-92-300
NO
PL-92-500
NO
PL-92-500
PL-92-300
YES
NO
YES -2
PL-92-500
PL-92-500
PL-92-500J3
PL-92-500
Pl-92-500
HO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
NO
FIOM
UHK
UNK
O.I
UNK
0.075
0.016
UIIK
O.I
0.12
0.035
0.28
0.23
0.285
0.024
0.056
0.26
0.75
0.265
0.05
0.23
0.045
0.14
0.37
0.08
0.13
0.03
0.14
0.08
0.048
0.33
0.025
0.17
0.15
0.64
0.14
IND
NO
NO
NO
MO
HO
NO
HO
YES-2
NO
110
HO
HO
NO
NO
NO
YES-I
NO
NO
NO
YES- 1
NO


NO
NO
ND
ND
NO
ND
ND
NO
NO
NO
NO
NO
CHANGE
TO MANCHESTER?
TO HINNIPESAUKEE?

PLT. DESIGNED
10 KEfNE?
SEC?
SEC?

TO (111 FORD?
SEC?
YES-SEC
YES
YES
SU 6/B6
SU 6/86
YES
YES-SEC
YES
A«I?
NO
no


NO DISCHARGE?
EIP TO .497
SEASONAL
DESIGNED
Jf£S-SEC
«CHLOR
YES

NO
ND
NO
NO
PRI KIR
VESII
NO
YES
YlJSII
YES
YES
NO
NO
i
As
110
YESII
YESI
YESt
YESI
VESI
YESI
YES
YES
MO
HO
NO
NO
'NO

NO
|HO
NO
NO
NO
HU
NO
NO
m
NO
NO
                                                                                                             OIHfR
IND HIGH 1
   METALS

-------
                          GENERAL PERMITS

   0  General permits for the discharge of non-contact cooling water
in the States of Massachusetts, Rhode Island and New Hampshire and
uncontaminated stormwater and non-contact cooling water in the
State of Maine were issued in' the Federal Register on June 15, 1984.

   0  Rhode Island has since taken over responsibility for the NPDES
program in that State so the EPA general permit for Rhode Island is
no longer valid.

   0  Initially general permits were issued to facilities that
specifically requested general permit coverage.  Currently as-the
Region reviews minor permits to determine significant vs. non-
significant minors those that appear to be appropriate for coverage
under the general permit will be contacted and advised to submit a
letter of intent if coverage is desired.

   0  The following procedures are followed by the two Environmental
Protection Assistants that administer the general permit program:

      0 The letter of intent is reviewed to assure that the discharge
   is strictly non-contact cooling in Massachusetts and New Hampshire
   and non-contact and/or uncontaminated stormwater runoff in Maine.

      0 The general permits are limited to industrial sources in Maine
   and New Hampshire; however, it can be any source in the state of
   Massachusetts.  The source of the discharge is one of the  items
   considered as the letter of intent is reviewed.

      0 Discharges are authorized to different water bodies within each
   of the States and this must also be  taken into consideration.
   Discharges are authorized as follows:

         Maine - discharges are authorized to all waters, except lakes.

         Massachusetts - discharges of  less than 1 MGD are authorized
           into all waters classified as B and C by State standards.

         New Hampshire - discharges are authorized to all waters of the
           State unless restricted by State standards.

      0 If necessary, the company is contacted for additional information
   where clarification  is needed.

      0  When all  information  is furnished and it has been determined
   general permit coverage is appropriate concurrence in  issuance of
   the  general permit is requested of the State Water Pollution Control
   Agency.  The State is asked to respond either affirmatively or
   negatively within thirty days so that the final general permit can
   be issued or an  individual application requested.  A general permit
   number  in assigned at this point.

      0 If the State's  response  is in the affirmative a final issuance
   package including the final issuance letter and copy of the
   appropriate general  permit with general conditions is  routed  through
   the  Branch for  signature.   If the State's response is  in  the negative
   an  individual application  is  requested if one  is not already on
   file.

-------
             New York State




Department of Environmental Conservation




            Division of Water
       PRIORITY WATER PROBLEM LIST
                                     April  1,  1985



                                     Division  of Water




                                     Bureau of Monitoring




                                        and Assessment

-------
                       1985 PRIORITY WATER PROBLEM LIST
                               TABLE OF CONTENTS
I    TEXT
          Inroduction                                                 P 1
          Method of Development                                       P 3
          Use of the List                                             P 6
          Discussion and Issues                                       P 7
          Next Update                                                 P 8
          Explaining the Lists                                        P 9

II   TABLES AND FIGURES
          Tl.  Water Classification and Best Use Relationship         P 13
          T2.  Best Use Impairment for Water Classifications          P 14
          T3.  Priority Water Segment Work Sheet & Explanation        P 16
          TA.  Problem Severity Criteria                              P 20
          T5.  Priority Water Problem List of Abbreviations           P 21
          T6.  New York Counties by Number, Alphabetically            P 23
          T7.  New York Counties within each DEC Region               P 24
          T8.  List of New York Drainage Basins and Sub-basins        P 25
          Fl.  New York Map of Seventeen Major Drainage Basins        P 28
          F2.  New York Map of Counties                               P 29
          F3.  New York Map by DEC Region                             P 30

III  APPENDICES:  PRIORITY WATER PROBLEMS (PWP)
               0    PWP List - Deletions for 1985
               I    PWP List - by DEC Region, Alphabetical Order
               II   PWP List - by DEC Region, Priority Score Rank
               III  PWP List - by Drainage Basin, Alphabetical Order
               IV   PWP List - by Drainage Basin, Priority Score Rank
               V    PWP List - Statewide, Priority Score Rank
               VI   PWP List - Statewide, Alphabetical Order
               VII  MAPS - Priority Water Problem Segments
                    (by Drainage Basin, Sub-basin)

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            New York State Department of Environmental Conservation




                               Division of Water




                     New York Priority Water Problem List








     The Division of Water  has  established a systematic method  to  rank water




quality problems.  The resulting "Priority Water  Problems"  (PWP)  List  will be




used to assist program management and allocate resources.




     When  problems  exceed  the capability  of  resources to  deal with  them,




decisions  are  needed  as   to  which  waters  will  be selected  for  priority




attention.  Prior to establishment  of this list,  decisions  were made  without




an objective basis for selection.



     The  PWP  list process  has  initially focusfcd on  point  source discharges,




particularly municipal and  industrial  effluents.   A primary consideration was




addressability   of   identified  problems  through   current   regulatory  and




assistance  programs,  such  as  State Pollution  Discharge  Elimination System




(SPDES) permits and municipal construction grants.



     Listings  of segments  affected by non-point  sources,  such  as   combined




sewer  overflows  and  communities with failing septic systems, were added where




regulatory  programs were  underway  or  could  be  undertaken- to  correct  the




problems.   Lakes  affected  by  toxic  pollutants  have  been  included  where




information on  the cause  could  be identified.



     Refinements  to the  list,  which  currently  contains  547  segments,  will




continue  through  1986.   Major  areas  under  development include  streams and




lakes  affected by diverse  non-point  sources  and acid precipitation.   Some  of




the lakes are included in  this update.  It  is  the ultimate goal to  make the




list all inclusive of  impaired uses form any  source.   However, at this  time

-------
  the  development  and  review  of  information  on  non-point  sources  has  not
  advanced  to  the  degree  of  Regional review and documentation.
      Lake studies by the Divisions of Water and Fish  and Wildlife have yielded
  substantial  information which was  reviewed by  Central  Office  and Regional
  Staff  in  the fall of 1984, and is incorporated in this list.   This effort  has
  added  over 200 lakes or portions of lakes  to  the  list.   Additional segments
  will be added  as  information becomes available.  The majority of these will be
  lakes  and streams  stressed by acid precipitation, of which  there  is a great
  number still not  included  in this  list.
      A non-point  source management  program strategy  is under  development by
  the Division of Water.  Objective  criteria will be established to list streams
 and lakes affected  by  diverse  and diffuse  runoff  problems.  A  preliminary
 list,   established  three  years  ago, will  be  reviewed  against  the  program
 criteria.   Additions, corrections,  and deletions will be made as  appropriate.
 This portion of the program has not been documented  in time for this revision.
 The preliminary list  contained nearly  800 water bodies affected by non-point
 sources.   It is expected NFS segment information will become  available  in the
 Spring  of 1986.
     This  PWP  list  is  an  update  to  the first  list  issued  August 1983  and
 revised in 1984.   For this revision, each Regional Office was revisited.   The
 PWP list  was  discussed with  Regional  Water  and  Fisheries  personnel.    The
 current status of every listed segment was  reviewed.   Segments where recent
 problems have been identified were added.  Segments where the  use is no longer
 impaired were  removed.   Deletions  appear  in Appendix 0.   The PWP list,  in
various  formats,  appears  in  Appendices  I  to VI,  and   includes  224   new
additions.

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                                      -3-
     Details on how  the  list was  assembled  follow, with  an  explanation  of  each




 scoring  factor and each column of  the computer printout.  Some background on




 the  process leading  to  the scoring  may be  helpful  in  understanding  how or



 why water segments were  or were not included.



 METHOD OF DEVELOPMENT




     An  impairment  of   the  best uses assigned  under  New York  State water




 quality standards had to be demonstrated in order for a  segment to be listed.




 Table  1  contains  the  water  quality  classifications  assigned  under  the



 standards and  shows the  best uses for each  class.   Table 2 shows the criteria



used for determining use impairment.




     Based upon discussions  with Regional Office personnel,  a  work sheet was




prepared for each  segment.   Table 3  shows  the  work  sheet.   Basic information




about the  affected segment  and   the  type  and  severity  of the  problem(s) is




recorded on the work  sheet.  Table  4  shows  criteria  used to determine problem.



severity.




     The information recorded on  the work sheet was then utilized to compute a




segment  score.   The formula for scoring a segment is as follows:




          Score - PiWi+P2W2*P3W3*P4               Maximum Score



          P.  » Classification Factor;                35 points




          ?2 • Problem Severity Factor;             30 points




          P.J - FLow Factor;                          10 points




          P^ • Potential Resource Value;            25 points
                                                    100 points

-------
                                      -4-
          W.  (Stream Classification Weighting Factor)


                Factor                   Stream Class
                 1.0           N,AA(T) ,A(T) ,A(Special) .AA(Special) ,AA(TS) , A(TS)

                 0.9           A,  AA, SA

                 0.8           B(T),  B(Ts)

                 0.7           B,  SB

                 0.6           C(T),  C(Ts)

                 0.5           C,  SC, I

                 0.4           D,  SD, II



          W   (Problem Severity Weighting Factor)
                Factor                 Severity
                 1 . 0                    Severe

                 0.6                    Moderate

                 0.2                    Slight

                    W   (Flow Weighting Factor)
               Factor             MA7CD/10 Flow
                1.0           Over 150 cfs, Lake Estuary

                0.7           150-20 cfs

                0.4           Under 20 cfs

P. (Potential Resource Value)

(Summation of Three Factors)

     Public Access Factor

          Points         Accessibility

            6            Greater than 502

            4            10-49%

            2            Less than 10Z

-------
                                     •o-
     Uniqueness Factors

          Points

           12            Unique Statewide fishery resource

           10            Potentially unique or historically significant

            8            Similar resources within county

            6            Similar resources available locally
Resources Affected Factor
                              Length/Area

                         More than 5 mi. stream
                         More than 100 A lakes

            5            Between 1 and 5 mi. streams
                         Between 10 and 100 A lakes

            3            Less than 1 mi. stream
                         Less than 10 A lakes

     Finally, using the scoring equation, a score was computed for each of the

factors, and  the factors were  summed.   Each  segment was  assigned  a priority

ranking category of high, medium, or low using the following criteria:



                    Rank           Score

                    High           80-100

                    Medium         60-79

                    Low            Less than 60



     Using  the  criteria,  the  resultant  list of 547 segments has:

                    ISA             High Priority  Segments

                    230             Medium Priority Segments

                    133             Low  Priority Segments

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                                      -6-
      Ic is necessary  to  keep criteria facts about New York's  water resources



 in nind.  There are over 70,000 miles of rivers and streams.  Approximately 22,




 or  1,600  miles,  are  impacted  by  industrial  and  municipal discharges.   The



 stream segments listed reflect those 1600 miles.




      However, mileage  alone is  misleading.   The  184  high priority  segments



 include the  State's most significant waters which receive the drainage  from



 much of the small tributaries which make up the 70,000  mile total.



      Included in  the  high  priority portion of  the  list are the Niagara,  the



 Hudson, the  Mohawk,  the  Susquehanna,  the  Oswego,  and  the Delaware.  These



 Rivers  pass  more than  half of New  York's  people   and  contain  more  than



 two-thirds of New York's  flowing fresh water.




      Including other  high  priority areas  such as  New York Harbor,  and  the



 bays, harbors,  and estuaries of  Long Island Sound and the Atlantic Ocean bring



 the people affected to over 80Z  of  New York's population.




      Similarly,  there are nearly 3.5 million acres of  ponds and lakes  in  New



 York, of which about  102,  or 340,700 acres, are listed here.   This  iOZ  does




 not include the  nearly one  million  acres of the Great Lakes Erie and  Ontario,



 which are  impaired by accumulation.of toxic substances in  fish  flesh, nor  all



 of  the  lakes  affected by  acid  precipitation.   This update of the  PWP  List



 includes a  more complete, comprehensive, and consistent list of  lakes  affected



 by  all  sources, with documentation as to cause(s) of impairment.



 USE OF  THE  LIST




      The   "PWP"   list  which   follows  will   be   used   along   with   the



Division/Regional  Management  Plan   to  assist  in  program  direction and  to



establish priorities in the following areas:

-------
                                      -7-
               - municipal construction grants




               - basin planning through PAWS




               - permit compliance through ICSS




               - stream classification reviews




               - monitoring site selection




               - intensive water quality survey locations




               - permit drafting and reissuance



               - water quality program maragement




DISCUSSION



     The  review process,  by  experience,  is best  conducted  in  the  Regional




Offices, by  Regional  Water and Fishery  personnel  working together.  Dialogue




between  the  programs  is  one  of  the  most  beneficial  factors  of the  whole




process.   Different  perspectives, values,  and  insights  to water  problems




brought  on spirited  discussion as  to what  was  impaired, why,  and  to what




extent.



     The classification factor, for example, gives added weight to  trout (cold




water)  fisheries.   There  was  extended  debate  in many regions  whether  the




system  should  favor trout  over  bass (warn water)  fisheries.  This  point needs




further  development.   In  some  areas,  warm water and  urban fisheries are the




predominant and most  important.



     Another  area  where better understanding of  the  system is  needed  is in




scoring or ranking comparisons. The  list  should be used very carefully when




attempting stream  to  stream comparisons.  The work sheets  should be  consulted




for  detail back-up information.   Equal  scores do  not show equivalence;  they



show rank order of segments.   The same numerical  score can  result  from  many




different  combinations of  classification,  flow  size,  severity, and  potential

-------
                                      -8-
resource values.  A  sensitive stream of high  class  with  a slight problem can




score as high (or as low) as a drainage stream with a severe problem.




NEXT UPDATE




     Timing  of  an  updated  list  has  meaning  for  program  elements such  as




consturction grants priorities and the annual work plan.  It will better serve




the  Division of  Water  if  available  by January  1,  1986.   Therefore,  work




sheets, printouts  and maps  will  be sent  to each Region with a  request  for




review  on  October 14,  1985.  Regional  visits by Central Office Staff  will




occur  between  November  11  and December 2,  1985.   The  revised list will  be




published January 1,  1986.

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                                      -9-
EXPLAINING THE LISTS




     Data  on each priority water  problem segment is  computerized and can  be




retrieved  in  a   combination  of  ways;  by  basin,  by  region,  by  county,  by




priority,  by problem  severity, by  type of  contaminant, etc.   The  priority




water problems are  presented  in several formats in this  report and others can



be issued on request.




     The list  contains  16 headings each of which  is  keyed to a legend at the




bottom of each page.  See Table 5  for meanings of  abbreviations.




     Column  1 BASIN AND SUB-BASIN  - shows the basin and sub-basin  index number




for  the  water body.  Figure  1  is a  map of basins  and  index  number  for the




State, and Table 8 is a list of New York Drainage  Basins  and  Sub-basins.




     Column 2 COUNTY(s) - shows the county index number(s) for  the water body.




Figure 2 is  a map of  counties and index numbers for the  State. See also Table




6 for an alphabetical list  of counties and Table  7 for a list of counties  in



each Region.




     Column  3  -  REGION(s)  - shows  the DEC  Region  numbers.   Figure  3  is  a




corresponding map of DEC regions.  See also Table  7 for a  list of  the  counties



in each Region.




     Column A - ASTERISK  - an asterisk in column  four denotes a new  addition



to the list.




     Column 5 SEGMENT NAME -  shows the name of  the  segment  or priority water




body.  Where the water  body is  listed more than once,  it means there  is more




than one  segment impaired  and each  segment  is  independent  of the other  in




terms of cause and effect.




     Column 6 CLASSIFICATION - shows the "stream classification" for the water




body.  If the water body  has  sections  of differing classifications, then each




classification is recorded.  See Table 1 for a list of classifications.

-------
                                       -10-
      Column 7  AFFECTED  SIZE - shows the approximate  length  of  the stream  (in




 miles),  or  area  of  impoundments  (in  acres)   that  demonstrate  a  best  use




 impairment.




      Column 8  SIZE UNITS - "A" for acres and blank for miles.




      Column  9   WQL/EL  - shows  the  water  body  is water  quality  limited  or




 effluent  limited.   If more  than one problem exists,  it is possible  for  the



 water body to be both.




      Column  10 PROBLEM  SEVERITY - shows  the severity  of  the water  quality




 impairment based on the criteria shown in Table 4.




      Column  11  CONTAMINANT  -   identifies  the  pollutant  as  a  conventional




 pollutant (organics,  pH,  grease),  toxic pollutant (metals,  synthetic organic




 chemicals, etc.)  or  whether  both contaminants  are  causing  a  water  quality




 problem.   In  some instances  another form  of  pollutant was  observed and  is




 noted as  other, (i.e.  acid precipitation).




      Column 12  DOCUMENTATION ON'THE PROBLBI - shows whether  the  use impairment




 is well  documented (W), has  some  documentation  (S)  or is poorly  documented




 (P).   This is a measure  of the adequacy  of  monitoring  for the water body.




      Column   13 TYPE(s)  OF  PROBLEMS  -  this  column   lists  the  type(s)   of




 problem(s)  contributing  to the use  impairment.  An (A) means there  is  a point




 source,   (B)  means  there  is  a  non-point  source,   (C)  stands   for  acid




 precipitation,    (D)   stands   for   contaminated  sediments,    (E)   denotes




 eutrophication  and (F) means  there is some  other type of problem  associated



 with  this  segment.




      Column 14  SIGNIFICANT DISCHARGE(s) -  identifies  the known, suspected  or




 contirbuting cause  of  the water quality problem.   The symbol  (I) means  it's  an




 industrial discharge while  the symbol (0)  means a non-industrial discharge  is




believed to cause the  problem.  The symbol  (M) means a municipal discharge.

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                                     -11-
     Column  15  DOCUMENTATION  OF THE  DISCHARGE(s)  -  identifies how  well we




understand  casual  relationship  - water  bodies where  the discharge  is well




documented are shown with a (w); if somewhat documented the symbol  (s) is used




and if poorly documented the symbol (p) is used.




     Column  16 RANK  AND  PRIORITY SCORE -  the  last  column shows the rank and




priority score of the segment with (H) meaning  the segment is ranked as a high




priority, (M) meaning medium priority and (L) meaning low  priority.




     If a  column contains no  entry for  the water  body,  this  means  that no




information is available for that parameter.

-------
                                     -12-
II   TABLES AND FIGURES








     TABLE 1   Water Classificacion and Best Use Relationship




     TABLE 2   Best Use Impairment for Water Classifications




     TABLE 3   Priority Water Segment Work Sheet and Explanation




     TABLE 4   Problem Severity Criteria




     TABLE 5   Priority Water Problem List of Abbreviations




     TABLE 6   New York County Numbers, Alphabetically




     TABLE 7   New York Counties within each DEC Region




     TABLE 8   List of New York Drainage Basins and Sub-basins
     FIGURE 1  New York Map of Seventeen Major Drainage Basins




     FIGURE 2  New York Map of Counties (reference Table 6)




     FIGURE 3  New York Map.by DEC Region (reference Table 7)

-------
                                            -13-



                     M*TE» CUSS IFI CAT I OH ANC  BEST  USE RELffTIQHSHTP

                                        Table   1

MOTES:   (1}  Higher classes (tn groups of fresh  and saline waters) Include the test
            MM of tht lower classes.

        (2)  for details of eact» test use and 1npa1rwentJ • tit attached Tat It 2 "lest
            Usi Impairment for tour Classlflcations*.

        (3)  Attach** Tablt 2 lists horizontally tht  test Ust Impairment Information
            about tht •Highest test Us*' for cacti class (marked by • te'o«).

        (4)  Iiptlratnt of a lower class or 1o*tr test ust Indicates M tapatnatnt of
            a nlghtr class and that Mglwr test MM.

Fresh
Mater
(higher to
lower class)
Saline
Mater
Group
(higher to
lower class)
MATER CLASSIFICATION
»
A, AA
•A
1
C. 0
SA
SB
sc
so
BCST USES
Natural Mater. Includes test
VMS for A and AA below
Drinkable Mater
Frlmmry Contact Recreation
Secondary Contact Recreation
Potable Ground Mater
Primary Contact Recreation
Secondary Contact Recreation
Secondary Contact Recreation
Saline (Comwtrdal) ShellfUhlng
Saline Primary Contact Recreation
Saline Secondary Contact
Recreation
Saline Primary Contact Recreation
Saline Secondary Contact
Recreation
Saline Secondary Contact
Recreation
Saline Non Recreational
•HIGHEST IEST USE*
— Mater In Natural
Condition*
— Drinking water*
-Swimming
— Fishing
— Drinking Miter*
~ Swimming*
— Fishing
- Fishing- (•" filing
uses Include support or
viable mnlnc t w1\i1v
— SheWlsning-
~ Sw1«i1ng
>— Flnflshlng
- SwUiRinfl*
~ MnfUMnc
.. Hn.i,Mne.
— Hjh Survival* (fin
      Class A - Special      (International boundary Mters)

      Class AA - Special     (Upper Hudson R1«*r Drainage lasln)

      Class AA - Special     (Lake Chaaplaln Drainage lasln)

      Class 'I' • Special    (Lowr Hudson. He» York City I Long Island/
                             Maters)
                                             Various  Sections
                                             of oattr are
                                             test usts baste or
                                             the specifications
                                             of tht assigntj
                                             special  class.
                                             (See 6MTCRR Part ?C?)
      Class *ir - Special
(Lo«er Hudson. te*> York City 1 Long Island
 Maters)

-------
                                                              -14-
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                                                                                                                       c

-------
                                                           -15-
                                                      Table  2  (continued)

                                  BEST  USE IMPAIRMENT  FOR WATER  CLASSIFICATIONS
|jcu.rts«

BJB! U .  tact«*t
Vi"T •"* «•«•«•
                                                               (!•«•*••.
                                                                                        *rn*. Hn W.i (Hiur ClM- BR (DOH)
                                                 •Mm. 0.0. MM/W tMU *1«UUwft.   HTOtt. >»rt «
                                                Slctivti •ttrltotMIt* «• MBllriM »r      tr»l »f
                                                 ftdfUtk.
                                                         •T taW ClMMk.

                                                                     •CtlWM to**       »1 iMvDflM ji««l)
                                                     M ClMvrn OWK IMtr*Ul t                	
                                                     ClMMtlf fW t»fi.               IT\)BltS/SU«*tTi:

                                                                                           •f »PlMr»t1«n *»r
                                                                                          t.
                                                                                            «• IMtDfltmii* (MM
                                                                                            •I a
                                                                                            •tt
                                                                                                                   Bt: (51.  «< >u-
                                                                                                                    t CMtul *>»a.
  Tw  f«l«
                                                  lkC««*M« fit* (MMUtlWI.
                                                                       tMtc
                                                                                     ••TCTt. Hri 701.1 (Mwr
                                                                                      C)Ml*f«C*t««i)
                                                                            kllc
                                                                                                                   KC (BOH)
                                                                                                                  tec 19> i :r
 U^iU'.JUL. 1U1II*)

a«« g - s*ii« «•*   fit**
•t«»r IMH	•     ~—
                                                  OttHwtt «f irlliltft «e <««>ut1wi.
                                                  te.;»i wtfr «««I1U
                                                   0.0.  )•»» «•« l.B «/
                                                                                        (wen. ••»
                                                                                                        («»tf
fit*
                                                                       flu MP««**1.
                                                                                                                 -: ;rs.;
                                                                                                                 etc (» i ex;

-------
                                                      -16-
                                         Ptf? Work Sh««t
                                                                       Date
la.
Ib.
2.
3.
*.
5.
      Setmer.t. Name ________________ __
      Segment Typ* (e.g. River. Strea_._ak«. Bay. Estuary. Pond)
      Basin I Sob-basin _______                      6-
      Region (s)         _______                      7-
      County(e)                                         8.
      Affected Si«e     _
                                                            Classification^)
                                                            MA7CD/10 Category
                                                            HQ or ET Limiting
      Notes:
      Potential Resource
      •)  Public Access Factor
      b)  Uniqueness Factor
      c)  Resource Affected Factor
                           Total -
                                                       10.  Type of Problem
                                                            •)   Point Source
                                                            b)   Moo-point  Source
                                                            c)   Acid K-la
                                                                Contaminated  Sediments
                                                                Eutrophicatloo
                                                                Other
                                                            d)
                                                            e)
                                                            f)
      Notes:
11.  Problem Assess


Use Impairment

Hater Supply
                          Severity of Use Impairment
                        •one  Slight  Hederste  Severe
                                                                Docu-entatlon of Problem
                                                            Dell          SOB*        Poorly
                                                          Peeu-snted  Pocu-entatien  Poeumenttd
 Flshinj
 Other
      Notes:
 12.  CoBtsainmts
                       (e.j.  •OD.SS.NntriMts.  etc.)
                                                    _____
          Toxics (e.g. Metals. Orgsales.lle*.  Chlorine ,~etcTT"
          Other (e.g. Acid lain. «te.) _
 13.   Extent  of CoBta-instleo

         Conventioa.1
         Toxic
         Other
                                     None     Slight     Moderate     Severe
     Notes:
 H.  Cause Assess
Significant Municipal  Dlseharge
                                Operstlonal
                                  Preblem
                                             Pacillty
                                               Need
 Docu-entatlon of Cause
   Hell      Some  Poorly
Pecu-snted   Doc.   Poe.
  Specific
Contaminants
Significant Industrial Plscharge
Other
     Betes:
                                                 Chock if say changes  from previous year

-------
                                -17-
                   Explanatlon of PWP Work Sheet

la.  Segment Name:  Full name of stressed segment
Ib.  Segment Type:  Description of what type of water body the stressed
               segment is.  Examples are given.

2.   Basin & Sub-basin:  Self explanatory

3.   Region(s):  List all regions which contain the stressed segment.

4.   County(s):  List all counties which contain the stressed segment.

5.   Affected Size: Segment length/area impaired; not necessarily the
               length/area  of  the  entire water  body.   For rivers  and
               streams length is given in miles, and for all impoundments
               the area is given in acres.

6.   Classification(s):  List all classifications of the impaired
                    segment.

7.   MA7CD/10 Category:  From following table:

              Category        MA7CD/10 Range
                 A            All Rivers over 150 cfs, All Impoundments
                 B            All Streams and Rivers Between 20&1SO cfs
                 C            All Streams Under 20 cfs

Note:     Current MA7CD/10 categories for each segment were obtained from
          Richard  Draper,  Hydrologist  for  Bureau  of  Monitorinf  and
          Assessaent.   Categories  for  additions   to  the   list  can  be
          included by the informant, or left blank to be completed by Mr.
          Draper.

8.   WQ or EF Limiting:  State whether the stressed segment is water
               quality or effluent limited, or both in some cases.

     Immediately  following  1-8  above is  the  first of 5  notes  sections.
This section is  intended as a space  to more  clearly comment  on  times 1-8
when  necessary.   Examples  of  pertinent  information  to  be  included  in
location, size,  classification, etc..

9.   Potential Resource Value:   Includes categories intended to assess
               the potential value  of resources that  could  be  supported
               in the  impaired segment.   It  is broken into the  following
               separately scored sections;

     a)   Public Access Factor:  Points are awarded based on what
               percentage  of  the  impaired segment  is available  to the
               general public  for recreational use.   The  categories and
               associated values are outlined in the section on Method of
               Development.

       Note:   A single public boat launch in boatable waters
               automatically constitutes greater than  50% public access

-------
                                   -18-
                to all  of  the  impaired  segment within  a  5  mile  radius.
                For all other Impaired segments  public access is based on
                the percentage  of  shoreline  accessible to  the  general
                public  as   related  to  the  total  amount   of  shoreline
                associated  with the impaired segment.

      b)    Uniqueness. Factor:   This factor is an attempt  to  reflect any
                special qualities an  impaired segment might  presently or
                may have  historically  possessed.    The categories  and
                associated  values  are outlined in the section  on Method of
                Development.

      c)    Resources Affected  Factor:   Points are awarded based  on  the
                Affected  Size  of   the   segment.    The  categories   and
                associated  values  are outlined in the section  on Method of
                Development.

      The resulting total  of  a,  b and c  above then becomes  the segments
 potential resource value.

 .10.   Type of  Problem:   This section  requests that  the informant identify
                (by checking the appropriate  blanks),  what category(s).the
                contamination  source(s) belong to.

    •  The second notes  section is .available for comments  on  the  potential
 resource value  and type of problem.   In this section  it  is  requested  that
 a   definitive  description  be  given  of   the  segments   accessibility,
 uniqueness and  the type of problem.

 11.   Problem  Assessment: This section requests three  things;
                identification   of   impaired  uses,   severity   of   use
                impairment  and  the  amount   of  documentation   available
                confirming  the severity  of  the  listed  use  impairments.
                This   is   accomplished   by   simply  checking   off   the
                appropriate blanks.  An important point to be  addressed at
                this time is  the  inclusion  of D.O.  as  a  use  impairment
                (Frequently  done on  previous  work  sheets).   Although a
                D.O. deficit may  be the cause  of  a  use  impairment, it  in
                itself is not a use impairment.  Rather,  the resultant  use
                impairment  should  be noted  and  the cause  of  the D.O.
                deficit be  listed as a conventional contaminant  in  section
                twelve.

     Section  eleven  also  contains  its   own notes  section  for  further
discussion of the  aforementioned  times.   This section should include  the
following; a  more detailed  description  of  how  the uses  are   impaired,
specification of what  the documentation consists of, etc.

12.  Contaminants:  This section simply requests that the specific
               contaminants  be  listed.    Examples  are  given   for each
               category.

13.  Extent of contamination:  At times the amount of contamination

-------
                                  -19-
               present   in  a  segment   may  differ   with   respect   to
               conventional,  toxic or  other forms  of  pollutants.  This
               section  is  an  attempt  to address this situation by  simply
               checking the appropriate blanks.

     Following  section  thirteen  is   the  fourth  notes  section.   It's
purpose  is  to  discuss information  presented  in  sections  twelve  and
thirteen.

14.  Cause Assessment:  This section is intended to provide a detailed
               list  of  the  sources  of  contamination  and  associated
               information.    Column   one   is  used   to   itemize  the
               dischargers  and   categorize  them  as  a   municipal  or
               industrial  discharger  or  some  other  cause.   If  checked
               column two  indicates that  the existing treatment facility
               has an operational problem and column three indicates that
               there is a  need of  a  treatment facility or  expansion of
               the existing one.   A check in one  of columns four through
               six indicates the amount of documentation available on the
               corresponding cause.  Column seven has .been made available
               to allow specific  contaminants to be  associated  with the
               appropriate cause.  This column is included to prevent the
               assumption  that  in  all  cases  the  contaminant  listed  in
               section  twelve corned from all of the listed dischargers.

     Following section  fourteen  is  the  fifth  and final notes  section.
Items to be  Included  in this  section are such  things as; details  on the
dischargers/causes  listed  in  section fourteen,  details concerning  the
documentation  on  the   discharges/causes  and  any  pertinent  information
relating the listed contaminants with specific dischargers/causes.

-------
                                        -20-
                                    Table 4
                          Problem Severity Criteria

Slight - A water segment is rated as having a slight problem when a classified
use 1s occasionally impaired.  Typically, segments with slight problems have very
localized problems or have Infrequent occurrences of a standard violation.  Examples
of a slight problem are:
         • a small untreated sanitary waste discharge to a large receiving body;
         - a violation of standards for a duration of 1 or 2 days every few years;
         • small discharges of contaminants such as toxics which could, when
           summed with other discharges, pose a threat to water quality.  The
           presence of toxics 1s fish flesh or sediment at noncritical (higher
           than background) levels would indicate a slight problem.

Moderate - A water segment 1s given a problem severity rating of moderate when
a classified use is frequently Impaired.  Typical of the moderate problem are:
         • segments with a species diversity index of 1 to 3;
         • annual short-term standard violations;
         • medium to large untreated sanitary waste discharges to large
           receiving waters;
         • fish consumption advisories stipulating no more than 1 meal per month.

Severe - A water segment is rated as having a severe problem when a classified
use is precluded or it has a continuous or nearly continuous standard violations.
Examples of a severe problem are:
         • species diversity index of less than 1;
         - sludge banks, anoxic conditions or other readily documented standard
           violation;
         - fishery, water supply or bathing beach closures;
         - ban on fish consumption.

-------
                                      -21-
                            PRIORITY WATER PROBLEMS




                            PRINTOUT ABBREVIATIONS
LEGEND:
ABD.




BN.




CO.




CONT.




CONV.




CSO




DISCH.




E.B.




EL.




GW




HAR




I.




L.




LTL.




LWR.




MOD.




M.




N.B.




NFS




0.




P.




PRI.




PROB.




R
Abandoned




Basin




County




Contaminated




Conventional Pollutant




Combined Sever Overflow




Discharge




East Branch




Effluent Limiting




Ground Water




Harbor




Industrial Discharge




Lake




Little




Lover




Moderate Problem




Municipal Discharge




North Branch




Non-point Source




Other Discharge




Poorly Documented




Stream Priority Score (High, Medium, Low)




Problem




River

-------
                           -22-











REG.           -  Region



5_             .  Some Documentation




S.B.           -  South Branch




S.D.           -  Sewer District




SEV.           -  Severe Problem




SLI.           -  Slight Problem




STR. CL.       -  Stream Classification




TRIB.          -  Tributary




UPR.           -  Upper



V.             -  Veil Documented




W.B.           -  West Branch




WQL.           -  Water Quality Limiting




W.T.P.         -  Water Treatment Plant

-------
County Codes By Number *
1.   Albany
2 .   Allegany
3-   Broome
k .   Cattaraugus
5.   Cajruga
6 .   Cbautauqua
7«
8.   Chenango
9.   Clinton
10.  Columbia
11.  Cortland
12.  Delaware
13.  Dutehess
Ik.  Erie
15.  Essex *
16.  Franklin
17.  Fulton
16.  Genesee
19.  Greene
20 .  Hamilton
21.  Herklmer
22.  Jefferson
23.  Levls
2^ .  Livingston
25.  Madison
26.  Monroe
27 .  Montgomery
26.  Nassau
29.  Niagara
30.  Onelda
31 »  Onondaga
                                       -23-
                               (Printout  Column 2)
32.  Ontario
33.  Orange
3*».  Orleans
35.  Osvego
36.  Otsego
37.  Putnam
38.  Benaeelaer
39.  Rockland
kO.  St. Lawrence
1*1.  Saratoga
1*2.  Schenectady
l»3.  Schoharle
W.  Schuyler
H5.  Seneca
k6.  Steuben
M.  Suffolk
U8.  SulUvan
J»9.  Tloga
50.-  Tcssklrs
51.  Ulster
52.  Warren
53.  Washington
5>t.  Wayne
55.  Westchester
56.  Wyoming
57.  Tates
60.  Bronx
61.  Kings
62.  New York
63.  Queens
6U.  Richmond
                                      TABLE 6
* The Counties are numbered alphabetically except for the New York City Counties
  which are numbered 60-6^.

-------
                                                                TABLE 7
Crnsty Cedes by Region

   Region 1

   28 • Nassau
   U7 - Suffolk

   Region 2

   60 - Bronx
   61 - lings
   62 - New York
   63 - Queens
   Region 3

   13 - Dutcness
   33 - Orange
   37 - Putnam
   39 - Rockland
   1»8 - Sullivan
   51 - Ulster
   55 - Hestchester

   Region V
   01 - Albany
   10 - Columbia
   12 - Delaware
   19 - Greene
   27 - Montgomery
   36 - Otsego
   38 - Bensselaer
   l»2 - Scaenectady
   1»3 - Schobarie

   Heglon 5

   09 - Clinton
   15 - Essex
   16 - Franklin
   17 - Fulton
   20 •
   l»l - Saratoga
   52 - Warren
   53 - Wasaiagton

   Heglon 6

   21 - HerkUner
   22 - Jefferson
   23 - Lewis
   30 - Qnelda
   1*0 - St. Lawrence
(Printout Columns 2 & 3)

            Region 7

            03 - Broome
            05 - Cayuga
            08 - Chenango
            11 - Cortland
            25 - Madison
            31 . Qnondaga
            35 - Oswego
            49 - Tloga
            50 ~ Tcopklns

            Region 8

            07 ~
            18 - Genesee
            2*» - Livingston
            26 - Monroe
            32 - Ontario
            31* - Orleans
            kb - Scauyler
            1»5 . Seneca
            U6 - Steuben
            5^ - Wayne
            57 - Yates

            Region 9
            02 • Allegany
            04 - Cattaraugus
            06 - Chautauqua
            llf - Erie
            29 - Niagara
            56 - Wyoming

-------
                                     -25-
                                    TABLE 8
                List of New York Drainage Basins  and  Sub-basins

01 - Lake Erie - Niagara River Basin

   - 01: Niagara River Main Stem
   - 02: Tonavanda Creek
   - 03: Buffalo River Sub-basin
   - 04: Eastern L. Erie (including Big Sister,  18 Mile Creek)
   - 05: L. Erie West End (Silver Ck. to Pa.Line)
02 - Allegany River Basin

   - 01: Allegany R. Main Stem & Tribs.
   - 02: Conevango Creek Sub-basin
03 - Lake Ontario & Minor Tribs

   - 01: Lake Ontario Western Section
   - 02: Lake Ontario Central Section
   - 03: Lake Ontario Eastern Section

04 - Genesee River

   -01: Rochester Area
   - 02: Mt. Morris to Barge Canal
   - 03: Pa. Border to Mt. Morris
   - 04: Canaseraga Cr.

05 - Chenung River Basin

   - 01: Chenung River Sub-basin
   - 02: Cohocton River Sub-basin
   - 03: Canisteo River Sub-basin

06 - Susquehanna River Basin

   - 01: Upper  Susquehanna Unadilla River Sub-basin
   - 02: Chenango-Tioughnioga River Sub-basin
   - 03: Lower  Susquehanna Sub-basin

07 - Seneca-Oneida-Oswego River

   - 01: Lower  Seneca Oswego Rivers
   - 02: Onondaga Lake
   - 03: Oneida River
   - 04: Clyde  River
   - 05: Upper  Seneca (Finger Lake)
   - 06: Owasco Creek
   - 07: Skaneateles  Cr.

 08 - Black River
   -  01:  Black  River

-------
                                      -26-
09 - St. Lawrence River

   - 01: St. Lawrence River
   - 02: St. Regis-Salraon-Chateaugay Rivers
   - 03: Raquette River
   - 04: Grass River
   - 05: Oswegatchie River
   - 06: Indian River

10 - Lake Champlain

   - 01: Lake Chanplain Proper
   - 02: Great Chazy River
   - 03: Saranac River
   - 04: Ausable-Bouget River
   - 05: Lake Champlain Stream
   - 06: Lake George

11 - Upper Hudson

   - 01: Main Stem
   - 02: Hoosick
   - 03: Battenkill
   - 04: Headwaters

12 - Mohawk

   - 01: Main Stem
   - 02: Schoharie
   - 03: West Canada
   - 04: Oriskany

13 - Lower Hudson

   - 01: Main Stem
   - 02: Croton
   - 03: Moodna
   - 04: Fishkill
   - 05: Uappinger
   - 06: Rondout-Wallkill
   - 07: Esopus
   - 08: Roeliff Jansen
   - 09: Catskill
   - 10: Kinderhook
   - 11: Normanskill

14 - Delaware

   - 01: Main Stem
   - 02: Heversink
   - 03: E. Branch Delaware
   - 04: W. Branch Delaware

-------
15 - Passaic-Newark.

   -01: Raoapo River

16 - Housatonic

17 - Atlantic Ocean Long Island

   - 01: Atlantic Ocean
   - 02: Long Island Sound

-------
08 -
Lake Erie-Niagara River Bas|n
Al legheny River Basin
Lake Ontario t Minor Trlbt.
Geneiee River Bailn
Chemung River Basin
Susquehanna River Batln
Seneca-Onelda-Oswego River
   Basin
Black River Basin
St. Lawrence River latin
Lake Champlaln River Basin
Upper Hudson River Bat In
Hohawk River Batln
Lower Hudson River Batln
Delaware River Batln
Passalc-Hewark (Ramapo River)
Housatonlc River Basin
Atlantic Ocean - Long Island
                                                                                |5
                                                                                                         I
                                                                                                                          i j
                                                                                                                          00

-------
                                         IT LAWNtNCI
                              35     3
       MMIM

20  \  52
                                           PCLAWANf


                                           12
NEW YORK STATE COUNTY COOES
                                   60 BRONX



                                   61 KINGS



                                   Q 2 mw YORK




                                   63 QUEENS
                                                                                          i
                                                                                          i j
                                                                                          • c
                                                                                          i

-------
ENVIRONMENTAL CONSERVATION  REGIONS
                                                                        I
                                                                        V

-------
Ill  APPENDICES



     PRIORITY WATER PROBLEM WATER SEGMENT LISTS

     APPENDIX 0    - DELETIONS FOR 1985 LIST

     APPENDIX I    - LIST BY DEC REGION/ALPHABETICAL ORDER

     APPENDIX II   - LIST BY DEC REGION/PRIORITY SCORE RANK

     APPENDIX III  - LIST BY DRAINAGE BASIN/ALPHABETICAL ORDER

     APPENDIX IV   - LIST BY DRAINAGE BASIN/PRIORITY SCORE RANK

     APPENDIX V"    - LIST BY STATEWIDE PRIORITY SCORE RANK

     APPENDIX VI   - LIST BY STATEWIDE ALPHABETICAL ORDER

     APPENDIX VII  - BASIN AND SUB-BASIN MAPS WITH STRESSED SEGMENTS INDICATE
                     (Grouped by Basin)

-------
- REGIONAL LIST BY PRIORITY SCORE -
                                                    *>HL 1,1985
1
07-02
07-02
07-02
06-03
06-03
06-03
06-03
06-03
06-03
06-03
07-05
07-05
07-01
07-01
07-01
07-01
07-01
07-01
05-03
04-02
04-02
07-05
07-05
07-05
04-02
04-02
04-02
04-02
03-01
03-01
03-01
03-01
07-05
04-02
04-02
04-02
07-04
07-04
07-04
07-04
07-04
07-04
03-01
COL.*
1
2
3
4
5
6

234 5
31,35 7
31,35 7
31,35 7
03 7 SUSQUEHANNA R
03 7
03 7
03 7
03 7
03 7
03 7
50 7 CAYUCA INLETiLAKE
50 7
31,35 7 OSUEGO/SEtECA R
31,357
31,357
31,357
31,357
31,357
46 8 TUSCARORA Ct S B
24
24
45
44
44
24
24
26
26
18,34
18,34
16,34
18,34
57
24
24
24
32
32
54
14
57
57
26
HEHLOCr L OUTLET

CAYUGALTRIB
CATHBHtttX

GENESEE R

HONEOYECR

OAK ORCHARD CR



BIG STREAM
COHESUS CK


FLINTCX

GANMGUACREEI
HUDCR
ffiST RIVER

LOG POND
DESCRIPTION COL.*
BASIN - SUB-BASIN • 7
COUNTY(S> 8
REGIONS) 9
* DENOTES AN ADDITION 10
SEGMENT HAME 11
STREAM CLASS 12

6
*

A,D

A-C





D
D

D
C(T)

C

C

C



D
C


A

C
C
C,D

B
DESCRIPTION
7
10.0

1.5

—





._
2.0

1.0
2.0

3.0

1.0

25.0



3.0
2.0


3.0

2.0
2.0
10.0

2

AFFECTED SIZE
A*ACRES,BIAW=HI
8 9
VOL

UQL

' BOTH





UQL
~

yQL
EL

EL

...

UQL



UQL
VOL


UQL

UGL
UQL
UQL

A UQL
COL
13
I
10
SEV

SEV

SEV





SLI
SLI

SLI
SLI

SLI

HOD

SLI



MOD
NOD


SLI

MOD
HOD
HOD

SLI
11
BOTH

CQNV

BOTH





CQNV
CQNV

CONV
BOTH

CONV

CONV

BOTH



CONV
COW


CONV

CQNV
CQNV
COW

CONV
12 13
S A

y AB

S A





P F
SAB

S A
PA

S AB

P AB

P AB



f AB
S A


PAD

P A
S A
S A

S A
>* DESCRIPTION


ML/EL LIMITING
SEVERITY OF
IMPAIRMENT
CONTAMINANTS
DOCUMENTATION ON


FfiOB.

TYPE OF
APPOINT
PROBLEM
SOURCE
14
I/ALLIED CHEMICALS
I/CRUCIBLE STEEL
0/CSO'S
H/BINGHAM./JQHHS.CITY
N/B0ICOTT
I/IBM 9 ENDICOTT
I/IBM SOUSO
0/CSO'S
I/ROBIN TECH
I/VESTAL U.D. •! 4 4
N/ITHACA
N/CONESUS LAKE C.S.D.
I/WESTERN H.Y. SYRUP
LTEUHLE
M/GORHAM
Q/CSO'S 4 SEPTICS
N/HACEDaN
N/VICTOR(V)
N/RUSHVILLE
-------
- REGIONAL LIST BY PRIORITY SCORE -
                                                      APRIL  1,1985
1
07-02
07-02
07-02
06-03
06-03
06-03
06-03
06-03
06-03
06-03
07-05
07-05
07-01
07-01
07-01
07-01
07-01
07-01
05-03
04-02
04-02
07-05
07-05
07-05
04-02
04-02
04-02
04-02
03-01
03-01
03-01
03-01
07-05
04-02
04-02
04-02
07-04
07-04
07-04
07-04
07-04
07-04
03-01
COL.«
1
2
&
3
4
5
6
234 5
31,357
31,357
31,357
03 7 SUSQUEHAHtt R
03 7
03 7
03 7
03 7
03 7
03 7
50 7 CAYUGA DLET4LAKE
50 7
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DISCH.


E=EUTROPHICTION
                   F^OTHER SOURCE

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              NFv."  i'ORX  STATE DE? ART-IE:™ 07 ESVIRCI ."MENTAL
                                 GENERAL CONDITIONS
                                      (PART II)

 SECTION                                                                         ?AG£
 1.  General  Provisions
2.   Special  Reporting  Requirements for Existing Manufacturing, Commercial,
     Mining and  Silvicultural Dischargers ....................................     1-2

3.   Exclusions ......................................... •' ....................       2

4.   Modification,  Suspension, Revocation ....................................       2

5.   Reporting Noncompliance .................................................       3

6.   Inspection  and Entry [[[       3

7.   Transfer of Permit [[[     3-4

8.   Permit Renewal [[[       4

9.   Special  Provisions - New or Modified Disposal Systems ...................       A

10.   Monitoring , Recording , and Reporting ....................................       4

     10.1  General ........... . ................. • .............................       4

     10.2  Signatories  and Certification .....................................     4-5

     10.3  Recording of Monitoring Activities and Results ....................       5

     10.4  Test  and Analytical Procedures .............. ......................     5-6

11 .   Disposal System Operation and Otiality Control ...........................       6

   . 11.1  General [[[       6

     11.2  Bypass [[[     6~7

     11.3  Upset [[[       7


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                                             PART II - GENERAL CONDITIONS


 i. CENESAL  PROVISIONS

   >.  A determination has  been Bade on the basis of a submitted application, plans, or other available  Information,  that
 MpUance with  the  specified permit provisions will reasonably assure compliance with applicable water quality standards.
 Suisf action of  permit  provisions notwithstanding, If operation pursuant to the permit causes or contributes  to a  condition
 & contravention of  State water quality standards, or if the Department determines, on the basis of  notice  provided  by -r.e
 pnittee and any related investigation, inspection or sampling, that a modification of the  permit  is  necessary to assure
 •iocenance  of water quality standards or compliance with other provisions of ECL Article 17, or the Act, the Department
 mf require  such a modification and may require abatement action to be taken by the permittee and may  also  prohibit  the
 •tlced act  until the permit has been modified.

   b.  All  discharges  authorized by this permit shall be consistent with the terms and conditions of  this  permit.   Facility
 oyansions,  production  increases, or process modifications which result in new or  increased  discharges of pollutants into the
 •tars  of the state  must be  reported by submission of a new SPDES application, in  which case the permit may be  modified
 aeordingly. The discharge  of any pollutant, not identified and authorized, or the discharge of any pollutant  more frequentlv
 dm, or  at  a level  in  excess of, that identified and authorized by this permit shall constitute a  violation of the terms and
 conditions of this permit.   Facility modifications, process modifications, or production decreases  which  result in decreased
 discharges of pollutants must be reported by submission of written notice  to  the  permit-issuing authority,  in which case  the
 ftrsit-issuing  authority may require the permittee to submit a  new SPDES application.

   e.  The  provisions  of this permit are severable, and If any provision of this permit, or the application  of any  provision
 rf this permit to any circumstance, if held invalid, the application of such- provision to other circumstances,  and the
 reminder of this permit, ahall not -be affected thereby.

   d.  If the diacharge(s)  permitted herein originate within the •jurisdiction of an interstate water  pollution control
 qtacy, then the permitted discharge(s) must also comply with any applicable effluent standards or water  quality standards
 ftosnigated  by that  interstate agency.

   e.  The  permittee must comply with all conditions of this permit.  Any permit noncompliance constitutes a violation of
 tte Environmental Conservation Law and the Clean Water Act and  Is grounds for enforcement action; for  persit  termination,
 twoeatlon and relasuance, or modification; or for denial of a permit renewal application.

   f.  Where the permittee  becomes aware that it failed to submit any relevant facts in a permit application,  or  submitted
 Iscorrect information in a permit application or is any report  to the Department,  it shall promptly  submit  such facts  or
 ^formation.

   g.  It shall not be a defense for a permittee in an enforcement action that it would have been necessary  to halt or
 ttdoee  the permitted activity in order to maintain compliance with Che conditions  of this permit.

   h.  The  permittee shall  comply with effluent standards or prohibitions established under section 307 (a) of  the Clean
teer Act for toxic  pollutants within the time provided in the regulations that establish these standards or  prohibitions,
 wen If the  permit has  not yet been modified to incorporate the requirement.

   1.  The  Clean Water Act  provides that any person who violates a permit condition Implementing sections  301, 302, 306,
307, 308, 318,  or 405 of the Clean Water Act la subject to s civil penalty not to  exceed  $10,000 per  day of  such  violation.
tar person who  willfully or  negligently violates permit conditions Implementing sections 301, 302,  306, 307,  or 308  of the
Clew Water  Act  is subject  to a fine of not leas than $2,500 nor more than $25,000 per day of violation,  or by  imprisonment
fit not more than one year,  or both.                                  -

   j.  The  filing of a request by the permittee for a permit modification, revocation, transfer, or a notification of
planned changes  or anticipated noncompliance, does not stay any permit condition.

   k.  The  permittee shall  furnish to the Department, within a reasonable tine, any Information which the  Department  aay
rtnuest to determine whether cause exists for modifying,  suspending,  or revoking this permit, or to determine  compliance
 sith this permit.  The permittee  shall also  furnish  to  the  Department,  upon  request,  copies of records required to  be  kept
to this permit.
    i.  All existing ^aaufacturirji. commercial,  alnlng and  silviculture! dlschaners ausc notify cne ieparroer.c as SCLT.
they know or have reason to believe:
                                  iccurrea  :r viil ,-cc-jr  *n~£h

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    C.  That anv activity has occurrsd or will occur vhicr wouj.c;  resuic  in any uu>cr.ar;e .  -,a - ^cc---uii=t ji _i.."v-=-i
    basis, of a toxic pollutant which is not ^iaittS in  tae  penaiC,  if  :.-.« aiscaarge vili axceec t.ie hi^.eit ;i t.-.a
    fr_l:vira "-.otiiizaitan levels":

         (1} SCO micrograms/ liter;
        (ii) 1.0 milligram/ litar for antimony;
       (iii) Ten tines the maximum concentration value reported  for  that  pollutant in she  permit application in accordant
             with 40 CFR fl22.2ilgM?) i or
        (iv) The level established by the Department in  accordance with  40 CFR J122.44(f).

    3.  That they have begun or expect to begin to use,  or manufacture as an intermediate  or iinai product or oy-procuc:,
    any toxic pollutant which was not reported in the perolt application under 40 CFR $122. 2Hg) (9) ana which is being or
    •ay be discharged to waters of the state.

3.  BECUISICNS

    a.  The issuance of this permit by the Department and the receipt thereof by the Applicant does not supersede,  revo«<
recind an order or modification thereof on consent or determination  by  the Commissioner issued heretofore by the Departaaa
or any of the terms, conditions or requirements contained in such order  or modification thereof.

    b.  The issuance of this permit does not convey any  property rights  in either real or  personal property, or any  excla:
privileges, nor does it authorize any injury to private  property or  any  invasion of personal rights, nor any infringement!
Federal, State or local laws or regulations; nor doe* it obviate the necessity of obtaining other assent required  by  lav fi
the discharge authorized.

    c.  This permit does not authorize or approve the construction of any onshore or offshore physical structures  or
facilities or the undertaking of any work in any navigable waters.

    d.  Oil and hazardous substance liability.  The Imposition of responsibilities upon, or the institution of any legal
action against the permittee under Section 311 of the Clean  Hater Act shall be in conformance with regulations promulgate:
pursuant to Section 311 governing the applicability of Section 311 of the Clean Water Act  to discharges from facilities is
MPDES permits.

4.  MODIFICATION. SUSPENSION. REVOCATION

    a.  If the permittee fails or refuses to comply with any requirement in a SFDES permit, such noncompliance shall
constitute a violation of the permit tor which the Commissioner  aay  acidify, juspend. or revoke the perai: or rake  -direct
enforcement action purusant to law.  When, at any time during or prior  to a period for compliance, the permittee announces
otherwise lets it be known, or the Commissioner on reasonable cause  determines, that the permittee will not make the
requisite efforts to achieve compliance with an interim  or final requirement,. the Commissioner may modify, suspend or ttri
the permit and take direct enforcement action pursuant to law, without waiting for expiration of the period for compliance
with such requirements.

    b.  After notice and opportunity for a hearing, this permit  may  be modified, suspended or revoked in whole or  in par:
during its term for cause including, but not limited to, the following:

        1.   Violation of any provision of this permit;  or

        2.   Obtaining this permit by misrepresentation  or failure to disclose fully all relevant facts at any time;  or
        materially false or inaccurate statements or information in  the  application or the permit; or

        3.   A change in any physical circumstances, requirements or .criteria applicable to discharges that requires  eiti»
        temporary or permanent reduction or elimination  of the permitted discharges, such as:

             (1) standards for construction or operation of  the  discharging facility;
            (ii) the characteristics of the waters into  which such discharge Is made;
            (111) the water quality criteria applicable to such waters;
            (iv) the classification of such waters; or                :
             (v) effluent limitations or other requirements  applicable  pursuant to the Act or State Law.

        4.   A determination that the permitted activity endangers human health or the environment and can only be regul*
        to acceptable levels by permit modification, a suspension, or revocation.

        5.   Failure to satisfy the reporting requirements of General Provision l(b) herein.

        '>.   violation of anv provision of ECL or regulation oromul gated thereunder, which is directly related to  the
    c.  if any applicable  toxic erzluent stanaarc  jr  pronibition (inciading »ay jcheauie or -=apliaac2  specif iii  .= -^-~^
effluent standard or prohibition)  is promulgated under  section 207(a/ oi ;ne Clean Water Act :or a toxic pollutant  anc '•"'
aastandard or prohibition  is more  stringent  than any  limitation on the pollutant in Che permit, the Department  shall ^  '
^isrizuce -iroceeaiaga co soany ize  ^ersit  13  ;raer  zs  ichieve -onfonar.ce vizi :he -.oxic affluent it^ncarj.  ir  -rahl ------

-------
  *.  toticloated aoococraliance.  The permittee shall  give  advance  notice to the Department of any planned changes in the
axizteo cacs-i-f- Jr »czivi=7  vnic.-. jay  .S^A;  in -or.ca=3 i^soca  -icr. ,;«*« --aou-.-ene.Tc:.

  k  Twenty-four hour reporting.  The  pennies.* .hall report any noncompliance which may endanger health or the environ-
at  Any information shall be provided  orally  within 24 hours fron  the time the permittee becomes aware of the clrcus,-
MCC*.  \ witren 3utei«ion  s^l- alsc «  provided -rtrnln  five (5) cay. of che tiae the permittee becomes aware of ;ht
ire—stances   The written submission shall  contain a description of the noncompliance and its cause; the period of nor-
a«Uance  including exact date* and times.  and if the noncompliance has not been corrected, the anticipated time it is
qtcted to continue; and seeps taken or  planned to reauce, eliminate, and prevent reoccurrence of the noncompliancs.

  e.  1.  Th« following shall be  included as information which  mu»t be reported within 24 hours under para-
     graph  (b.) above:

          (i)  Any unanticipated  bypass which violates any  effluent limitation in che permit;

         (11)  Any upset which violates any effluent limitation in the permit;

        (111)  Violation of  a »-••••'««•  dally discharge limitation for any of the pollutants listed by the
              Cepartaent  *n the  pemzc co  ie cepor.ea rtcaia Ci sours.
         (iv)  Any unusual situation,  caused by a deviation froa normal operation or experience  (e.g. a chemical or oil
              spill) which  creates a  potentially hazardous condition.

     2.  The Department Bay waive the written report on a  case-by-case basis if the oral report has been received
     within 24 hours.
     3. ' During weekends, oral noncompliance report,, recuired by this paragraph, may be made a,  518-457-7362

   d   Other noneompliance.   The  permittee  shall report all instances of noncompliance not otherwise required  to be
nport** under thir.ection or other sections of this permit, when its Discharge Monitoring Reports are submitted.  Such
reports shall contain the Information listed in paragraph (b.) above.

   «.  Doty  to mitigate,.  The permittee shall t»ke all reasonable steps to «inUaize  or  prevent any discharge In violation
rf this permit  which has a reasonable likelihood  of  adversely affecting human health or  the environment.
              AMD  arntT
   a   The permittee shall allow the Cotsmisaioner of the Department, the EPA Regional Administrator, or  their  authorized
astesentatives.  apon the presentatian of credentials and fltber documents as may be required by  law,  to:

       1.   Enter upon the permittee's prealaes where a regulated facility or activity is  located  or  conducted, or
       where records most be kept under the conditions of this permit;

       2.   Have access to and copy, at reasonable tl»es. any records that must be kept  under  the  conditions of
       this permit;

       3.   Inspect at reasonable times any facilities, equipment  (including monitoring  and control  equipment),
       practices, or operations regulated or required under this permit; and

       4   Sample or monitor at reasonable tines, for the purposes  of assuring permit compliance  or  as otherwise
       authorized by the Clean Water Act or Environmental Conservation  Law. any substances or parameters at any
       location.

1.  TRAKSm OF PgRMrT

   a   This permit Is not transferable  to any  person except after notice  to  the Department.  The Department may "quire
•rtlflcatlon Revocation and  issuance  of a  new permit  to change  the n«e  of  the  permittee and incorporate such other
rwjutrements as »ay be necessary under the Clean Water Act or Environmental Conservation Law.

   b.  Tr.n.fer. by modification.   Except a. provided  In paragraph  (c.) of this  section, a ?e«alt «., be transferred by
    c.  Auto«tic  transfer,.   A, an alternative to transfer, under paragraph ft.) of this section, any SPDES permit may be
   saat'.-ai-y  -Tsnaierrea ".a  '- ••«« ?emitrc« '-i '•

        '..   -V  .-urr«t ,«»«=« aoti'iw =h, Oe^r-^t « least ?" '•-  ^".dvarce of the propo.eo tranter
        date in  paragraph (c.X:.) of this section:

        •>   The  -ot'ce includes , written agreement bervee- t*«  -xlstine  ,nd nev «r-,lttees cor.tainlag a   pacific
        ""                                                             "               -u-
        3.  The Department doea «ot notify the Discing permittee an.  '"
        iodify the pernx, or require a new oer»l« .  A -^«^^r»^r-  ec'iv  SnT^^ "specified
               .         re -his notice  is not  received,  the  transier is
        modiiocation.   "•                      ^  .   f  ..hls  section.
        areei»enc mentioned in paragraph  (c.)C-.)  ot  this  section

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     d.  The  terms and conditions  of  this permit  are  binding  on the successors or assigns in interest of the original


     e.  The  Department may  require the  new permittee to  submit a new application.

  8.  PEKMTT 1CTEMAL

     a.  Any  permittee who wishes  to  continue to  discharge after the expiration date of a permit shall apply for renewal e!
  its permit no  later  than  180 days prior to rhe petal:'s  expiration date (unless permission for a later date has beers  «raa
  by the Department) by submitting  any forma, fees,  or supplemental information which may be required by the Department.  Cji
  request,  the Department shall provide the  permittee  with specific information concerning the forms, fees, and supplemental
  information  required.

     b.  When a permittee  has made timely and sufficient  application for the renewal of a permit or a new permit with  re!«r<
  to any activity of a continuing nature, the existing permit  does not expire until the application has been finally detsrsjj
  by the Department, and, in  case the  application  is denied or the terms of the new permit limited, until the last day  for
  seeking review of the Department  order or  a later  date fixed by order of the reviewing court, provided that this subdivlsn
  •hall not affect any valid  Department action then  la effect  summarily suspending such permit.

  9.  SPECIAL  PROVISIOHS -  NEW OR MODIFIED DISPOSAL  SYSTEMS

     a.  Prior  to construction of  say new waste disposal  system or modification which would materially alter the volume of,
  or the method  or effect of  treating  or disposing of  the  sewage, industrial waste or other wastes, from an exiating waste
  disposal  system, the Permittee shall submit to the Department or its designated field office for review, an approvable
  engineering  report,  plans,  end specifications which  have been prepared by a person or firm licensed to practice Profession
  Engineering  in the State  of New York.

     b.  The  construction  of the above new  or modified disposal system shall not start until the Permittee receives wrictes
  approval  from  the Department or its  designated field office.

     c.  The  construction  of the above new  or modified disposal system shall be under the general, supervision of a person ot
  fir,  licensed  to practice Professional Engineering in New York State, and upon completion of construction that person 01
  firm  shall certify to the Department or Its designated field office that the system has been fully completed in accordance
  with  the  approved engineering report, plana and  specifications, permit and letter of approval.

     d.  The  Department and  its designated  field  offices  review wastevater disposal system reports, plans, and specifics^
  for treatment  process capability  only,  end approval  by either office does not constitute approval of the system's structw
  integrity.

"10.  MONITORISC. RECORDING. AND REPORTING

     10.1  GENERAL

           a.  The permittee shall comply with all  recording, reporting, monitoring and sampling requirements
           specified  in this permit and such other  additional terms, provisions, requirements or conditions that
           the  Department  may deem to be reasonably necessary to achieve the purposes of the Environmental Conser-
           vation Law, Article 17, the Act, or rules  and  regulations adopted pursuant thereto.

           b.  Samples and measurements taken to  meet the monitoring requirements specified in this permit shall be
            representative  of the quantity and character of the monitored discharges.  Composite  samples  shall be  composed
            of a minimum of 6 grab samples,   collected over the specified collection period, either at a constant sample
            volume for a constant  flow interval or  at a flow-proportioned sample volume for a constant time interval,
            unless otherwise  specified in Part  I  of this  permit.   Grab sampK means a single sample, taken over a. period
            not exceeding 15  minutes.

            c.  The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and
            analytical instrumentation to insure accuracy of measurements.

           d.  The Clean Hater Act provides that  any person who falsifies,  tsmpers with, or knowingly renders
            Inaccurate any  monitoring  device or method required to be maintained under this permit,  shall upon
            conviction,  be  puniahed by a fine of not more than $10.000 par violation, or by Imprisonment  for not
           mare than  6 months per violation or by both.

      10.2  STGHATORIES AND CERTIFICATION



                1.  For a corporation:  by i principal executive officer of  at  least  the  level of vxce-presidenc;  jr

                2.  For a partnership or sole proprietorship:  by a  general  partner or the  proprietor, respectively;  or


                or ranking elected official.   For purposes  ol  chis  section,  a ^riacipaj.  execui.-.'c -i- — -~ --  -   -----  -'
                includes:   (i)  tne chief executive  officer  of  the  agency,  or (ii)  a senior  executive officer havir.c respo-
                billty for the  overall operations of  a principal  geographic  unit  of the  agency.

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              ••.   A 4uiv authorizad reorasentative of :he oerson described  in  icems  'I.,.  C.i.  or ".).   A -erscn _-
              3  duly authorized representative only if:

                  (1)  The authorization  i« made in writing  by a person described in paragrapn
                      (a.)(!.),  (2.), or (3.)  of thi« section;

                 (ii)  The  authorization  specifies either an individual or  a position havine  resoonsibilitv :or cne overall
                      operation of the  regulatea facility or activity such as the position of plan-  manager,  operator of
                      a well or well field,  superintendent, position of equivalent responsibility, or  an  individual  or
                      position haviug verall -esponsibility for environmental  oatr,;rs  for -he  -cmpany.   (A J.uiy  iutHor-.-ac
                      representative may thus be either a named individual or any "individual occuyping a  named position.)


               (ill)  The written  authorization is submitted to the Department.

         b.  Changes to authorization:   Tf an authorization under subpiragraph  (a.)(4.) of this section is  no  longer  accura
 kcauae a different  Individual  or position has responsibility for the overall operation of the facility, a  new  authorization
 at is fy ing the requlraaents of  subparagraph  (a.)(4.)  of  this section must be submitted to the Department prior  to or  togethe
 •ttb any reports,  information,  or applications eo be  signed  by an authorized representative.

         c.  Certification:  Any person  signing a report shall make the following certification:

             "1  certify  under  penalty of law that this  document and all attachments were prepared under my direction or
 supervision, in  accordance with a  system, designed to assure that qualified personnel properly  gather  and  evaluate the
 Information submitted.   Based  on my  inquiry  of the person or persons who manage the system,  or  those persons  directlv
 responsible for  gathering  the  information, the Information  submitted is, to the best of my knowledge and belief,  true,
 accurate, and complete.  1 am  aware  that there are significant penalties for submitting false information  including  the
 possibility of fine and imprisonment for knowing violations."

         d.   The Clean Water Act provides that  any person who  knowingly  makes  any false statement, representation, or  certi-
fication In any record or other document  submitted  or  required  to be maintained under this permit,  including monitoring
rtports or reports of compliance or noncompllance shall,  upon conviction,'be punished by a fine  of  not more  than $10,000
far violation, or by imprisonment for not more  than 6  months per violation,  or  by both.

   10.3  RZCORDPTO OF MOHTTORISC ACTIVITIES  ANP RESULTS

         a.   The permittee shall retain  records of all monitoring  information, including aj.1  calibration and maintenance
rtcords and all original atrip  chart recordings  for continuous  monitoring instrumentation, copies of all reports required
by this permit, and records of  all data used  to  complete  the application  for this persit, for  a  period of at least  3 years
fro* the date of the sample, measurement, report  or application. This period may be extended  by request of  the Department
tt any time.

         b.   Records of monitoring information  shall  include:

             1.  the date, exact place,  and  time of cacpling or measurements;

             2.  The individual(s) who performed the  sampling or measurements;

             3.  The date(s) analyses were performed;

             4.  The individual(s) who performed the  analyses;

             5.  'The analytical techniques or methods used; and

             6.  The results of such analyses.


    10.4  TEST AND ANALYTICAL  PROCEDURES

          a.  Monitoring must  be conducted using test procedures promulgated,  pursuant  to 40  CFR Part 136,  except:

              1.  Those promulgated test procedures,  proposed  to be extended to  additional parameter* on October 26,  1984
              (49 Federal Register 43437) are approved  for  the analysis  of  such  additional parameters.

              2.  Should the Department  require the use  of  a particular  test procedure, such  test  procedure will be
              SB*clf-«ed  Ir. ?art T  if rVis ->erml-..

              3.  Should che permittee desire  to use  a  test metnoa not approveu  nerein, ,jrior ^tp«»r;'jer.c ^,;;;-v;.  _.,     •*
              requires,  pursuant to  paragrap.i  \c~i  or  ciii3 ><>ccion.

              Application for  approval of test  procedures shall be made  to  the Permit Administrator (see Pare  1, paze  1
               r.t:   .-.ail  .-nriir.:

                   -.-c -.zae ani accress or jne  applicant  or  c:ie respons^^i-  p«r;M-.i i..;^.-; ;r._  .ijcr.^ri;. —.  ..--	  .
              SPDEE  identification number of the existing or pending permit,  name of the permit  issuing agency name anc
              telephone  number of  applicant's  contact person;

              2.  the names  of the pollutants  or parameters for which an alternate testing procedure  is being  requested.
              and the monitoring location(s) at which each  testing procedure will be utilized;

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                                                          - 6 -
               3.  justification  for using  test procedures,  other tnan cnose approved in paragraph  («i) of  this  section;


               4.  A detailed  description of  the alternate procedure,  together with:

                    (i)   references  to  published studies,  if *tsy,  of the applicability af -he alternate test  procedure ::
                         Che effluents  in question;

                   (ii)   iata ragirding analytical sensitivity 'i.e. levels of detection). accuracy, ana reproduciii-icv,
                         including supporting  quality control/quality assurance studies; and

                  (iii)   information on known  Interferences,  if any.

               Additional  information  can be  obtained by  contacting the Bureau of Water Research  (NYSDEC,  50 Wolf  Road,
               Albany.  New York  12233).


11.  DISPOSAL SYSTEM OPERATION ASP QUALITY OOffOXK.

     11.1  GENERAL

           a.  The disposal system shall not receive or b« emitted to receive wastes beyond its  design capacity as to vcl
 and character of vactes treated, nor shall  the system b« materially altered as to:  type, degree, or  capacity of treataes
 provided; disposal of treated effluent; or  treatment and disposal of separated SCUD, liquids,  solids  or combinations then
 resulting from the treatment process without prior written approval of the Department of Environmental Conservation or is
 designated field office.

           b.  The permittee shall,  at  all times, properly operate and maintain all  facilities  and systems  of treatment ait
 control (and related appurtenances) which are installed or used by the permittee to achieve compliance vith  the condiiiKi
 of this permit.   Proper operation and  maintenance also Includes adequate laboratory controls and  appropriate quality
 assurance procedures.   This provision  requires the operation of backup or auxiliary facilities or similar  systems  which a
 Installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the  permit.


           c.  when reraised under Title 6 of the Official Compilation of Codes, Kales and Regulations of  the State of
 New York (6NTCRE650), sufficient personnel  meeting qualifications for operators ox  sewage treatment works  as required the:
 •hall be employed to satisfactorily operate and maintain the treatment works.

           d.  The permittee shall not  discharge floating solids or visible foam.

     11.2  BTPASS

           a.  Definitions:

               1.  "Bypass" means the intentional diversion of waste streams from any portion of a treatment
               facility.

               2.  "Severe property damage"  means substantial physical damage to property, damage  to the treat-
               ment facilities which causes  them to become inoperable, or substantial and permanent  loss of
               natural resources which  can reasonably be expected to occur in the absence of a  bypass. Severe
               property damage does not mean economic loss caused by delays in production.

           b.  Bypass not exceeding limitations:

               The permittee may allow any bypass to occur which does not cans*- effluent limitations to be  violated, but
 only if It also  la for essential maintenance to assure efficient operation.  These bypasses are not subject  to the provis!
 of paragraphs (c.) and (d.) of this section.

           c.  Notice:

               1.  Anticipated bypass - If the permittee knows in advance of the need for a bypass.  It shall  submit
               prior  written notice, st least  ten days before the date of the bypass.

               2.  Unanticipated bypass - The  permittee shall submit notice of an unanticipated bypass as  required
               is 'ection 3. ^arairsnh  •-. ,if rhia ?.tr~.  '~'. :-«ur lotics"-.
                                                                                                           »*
           
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                 (li)  r.iere were ac ieasiaie  alternatives  to  tne  aypaas sucn is Che use of .iuxil^ry tz=acnent laciiitiei,
                      retention of uncreated  wastes, or  maintenance  during normal periods of equipment downtime.  This
                      condition is not  satisfied  if  adequate  backup  equipment should have been installed in the exercise ::
                      reasonable engineering  judgment  to prevent  a bypass  which occurred during normal periods :£ ecuiiser.:
                      downtime or preventive  maintenance;  and


                (Hi)  The  permittee  «ubmitted notice*  as required under paragraph  (c.) of this section.

              2.  The Department may approve an anticipated bypass after considering its adverse affects, if the Deoarwent
              determines  that it will meet  the three  conditions listed in paragraph (d)(l) of this section.  In approving
              such bypass,  the Department may impose  conditions, designed to minimize any adverse environmental impact ot
              the bypass.


    11.3  PPSET

          a.   Definition:

              "upset"  Bean* an exceptional Incident in vhich  there is unintentional and  temporary
              noncompliance with permit  effluent limitations because  of factors beyond the reasonable .
              control of  the permittee.  An upset  does  not  include noncompliance to the extent caused
              by  operational error, improperly designed treatment facilities, inadequate treatment
              facilities, lack of preventive maintenance, or careless or improper operation.


          b.   Effect of  aa  upset:

              An up«et constitute*  an affirmative defense to  ac action  brought  for  nonconpllance with
              such permit effluent  limitations if  the requirements of paragraph (c.) of this section are
              met.   Ho determination made  during administrative review of claims that noncompliance was
              caused by upset, and  before  an action for noncompliance, is final administrative action
              subject to  judicial review.

          c.   Condition* necessary  for a demonstration of upset:

              A permittee who  wishes to eatabliah tbe affirmative defense  of  upset  shall demonstrate,
              through  properly signed, contemporaneoua operating logs,  or  other relevant evidence  that:

              1.  An up«et  occurred and that the permittee can  identify the  , cause (s) of
              the upset;

              2.  Tbe  permitted  facility was at tbe tine being  properly operated; and

              3.  The  permittee submitted notice of the upset as required  in  Section 5,
              paragraph c.  of  this  part (24 hour notice).

              4.  The  permittee complied with any remedial measures  required  under  Section  5,
              paragraph e.  of  this  part.

          d.   Burden of proof:

              In any enforcement proceeding the permittee seeking to establish  the  occurrence of an upset
              has the burden of proof.                               :

    11.4  SPECIAL CONDITION - DISPOSAL STSTBtS WITH SEPTIC TANKS

          If  a septic tank is installed as part of the disposal system,  it  shall  be inspected by the  permittee or  his ager.
for scum and  sludge accumulation at intervals not to exceed one year's  duration,  and such accumulation  will be removed
before the depth of either  exceeds one-fourth  (k) of the liquid depth so that no  settleable  solids or  scum  will leave in t
septic tank effluent.   Such accumulation shall be disposed of in an  approved  manner.

    11.5  SUTOCE DISPOSAL
                                                                                                          «•
          a;   The storage or disposal of collected screenings,  axunges,  other »oj._Us,  or  precipitates  separatee rrcc cne
permitted discharges ana/or incane jr *u?piy  water by  the  permittee  shall  be  done in  such  j  aanner as  := ?rive=t  cr3ati;r.
.of nuisance conditions or entry of such materials into classified waters or  their tributaries,  and in  a manner approved  bv
the Department.  Any live  fish, shellfish,  or other animals collected or trapped  as a  result of  intake  water screening or
Tsacaent M7 >e returned  to -heir vatar >x>d-r labitat.   The lermittee »hall  •saintaia  records of  -Jlsocsal on ill sffl-je=r

piiea ana reported  to tne  ueparcmenc ->r its ^csigr-ntea __e.n:  jtzi^e  apon

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               1.   The sources of Che materials to be disposed of;

               2.   The approximate volumes end weights;

               3.   The Method by which they were removed «nd transported;

               4.   Their final disposal locations.

12.  commons APPLICABLE TO A POBLICLT OWHED TREATMEUT woacs  (pora)
               1.  Any new Introduction of pollutants into that POTW froa an  indirect discharger which would
               be subject to sections 301 or 306 of the Clean Water Act  if  it were directly discharging those
               pollutants; and
         2.  Any substantial change in the volume or character of pollutants being introduced into that POTW by
         «'source Introducing pollutants Into the POTW at the tiae of issuance of the permit.

         3.  tor purposes of this paragraph, adequate notice shall include Information on:

             (i)  the quality and quantity of effluent Introduced Into the POTW; and

            (11)  any anticipated Impact of the change on the quantity or quality of effluent to be
                  discharged froa the POTW.

     12.2  RATIONAL PRZTREATMZHT STAHDAKPS;  PROHIBITED DISCHARGES

                (Mote:  The following Section was published in the Federal Register. Vol. 46, No. 18 -
                 Wednesday January 28, 1981.  The effective date of the regulation (Part 403) was
                 March 30, 1981)

           $403.5  Rational Pretreacment Standards:  Prohibited Discharges.

               a.  General prohibitions:

                   Pollutants introduced into POTW's by an non-domestic source shall not Pass Through  the ?OTW or Inttrfw
 with the operation or performance of the works.  These general prohibitions  and the specific prohibitions  in paragraph ft
 of this section apply to all noo-domestic sources Introducing pollutants into a POTW whether or not the source is subjec:
 to other national Precreatment Standards or any national. State, or local Pretreaement Requirements.

               b.  Specific prohibitions:

                   In addition, the following pollutants shall not be introduced into a POTW:

                   1.  Pollutants which creste a fire or explosion hazard in  the POTW;

                   2.  Pollutants which will cause corrosive structural damage to the POTW, but  in no
                   case discharges with pB lower than 5.0 unless the works is specifically designed  co
                   accommodate such discharges;

                   3.  Solid or viscous pollutants in amounts which will cause obstruction to the flow
                   in the POTW resulting in Interference;

                   4.  Any pollutant. Including oxygen demanding pollutants (BOD, etc.) released in  a
                   Discharge at a flow race and/or pollutant concentration which will cause Interference
                   with the POTH.

                   5.  Beat in amounts which will Inhibit biological activity in the POTW resulting  in
                   Interference, but in no case beat In such quantities  that  the temperature  at  the  POTW
                   Treatment Plant exceeds 40°C  (104°?) unless the Approval Authority, upon request  of the
                   POTW approves alternate temperature limits.

                    .-hen r.oeci;*c limits Must *>e Developed br POTW:

                   1.  POTW's developing POTW Precr-sanwne Programs purs-ianc  to  8 403.8  shall develop  and
                   enforce specific liaics to  '-iplemenc Che prohibitions listed  in  S  i03.5(a>  <>nd  (b).

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                                                         -  9  -
                  7.   All  other  POTtf's  shall,  in eases vhere pollutants contributed by User(a) result In
                  Iscerierp.sce or  i'ase—Through, ana •men ''iox£c^on m iixej./ -s racur. -.r/eioD iai _^fcr-a
                  •pacific effluent  limits for Industrial Oser(s), and all other users, as appropriate,
                  which,  together  with  appropriate changes in the POTW Treatment Plant's Facilities or
                  operation,  are necessary to  ensure renewed and continued compliance with the POTV's
                  KPDES permit or  sludge use or disposal practices.

                  3.   Specific effluent lialts shall act be developed and enforced without individual
                  notice  to persons  or  groups  who have requested such notice and an opportunity ;o respor.a.

              d.   Local Limits:

                  Where specific prohibitions  or Units on pollutants or pollutant parameters are developed by a POTW  in
accordance vitb paragraph (c.) above, such limits shall be deemed ?retreatnent Standards for the purposes of section 307(d)
of the  Act.

              e.   ZPA  and  State  Enforcement Actions:

                  If,  within  30  days after notice of an Interference or Paas Through violation has oeen sent by ZPA or DEC
 to the POTW, and to persons or  groups who have requested such notice,  the POTW fails to commence appropriate enforcement
 action to correct the violation,  E?A or  DEC «ay take appropriate enforcement action.

              f.   Coetpliance  Deadlines:

                  Compliance  with  the provisions of this section is required beginning on March 13, 1981, except for
paragraph (o.}(5)  of this  section  which wist be complied with by August 25. 1981.

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            TCOLS AVAILABLE FOP. ISSUANCE 0? MINOR PERMITS
WLA GUIDAKCZ AND MODELS

Simplified Method for
POTW Interactive Program
WLA Guidance Book VIII
COMPUTER FILES

Reach File *
Provides an easy, user-friendly
method to compute WLAs for small
«10MGD) POTWs discharging into
small effluent-dominated streams.
To be completed in FY85.

Screening procedure for assessing
water quality impact of conventional
and toxic pollutant discharges.
Procedures can be used on hand held
calculators.  Revised version
scheduled for release in FY85.
Stream segment numbers for 72,000
segments which is used to identify
NPDES facilities, water supplies and
STORET Water Quality monitoring
sites.  Also used to identify stream
uses and criteria, ASIWPCA designated
uses and 305b waterbodies.
Routing and Graphical
Display System  (RGDS)
Waterbody  File
 Industrial  Facilities
 Discharge File   *
 ASIWPCA Data  Files  *
Allows a reach-by-reach analysis
of water quality  for a specified
pollutant, treatment level, flow
regime, and decay  rate.  Can be
used to show potential problem areas.
Training on how to use the system
will be provided  in summer 1985.

Computerized listing of stream reaches
with impairment of  uses due to
water quality  problems.  Reach
numbers are being  encoded.  After
that is complete,  listings of minor
dischargers to those reaches can be
provided.

File of 60,000 municipal and industrial
facilities provide location and
facility data  for  environmental analyses.

Stream use classification  for  17,000
stream segments for the years  1972
                          '
                            STEP Report.   Daza cocec  oy £?A.

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Stream. Uses and Criteria *
Drinking Water File *
Stream Gage File *  -
Stream uses for 72,000 segments
and criteria for the majority of
segments.

File of 11,000 surface water
supplies with stream reach
location.  File used for
environmental analysis such as
exposure.

Mean and low stream flows for
each of 72,000 stream reaches.
Data used, for example, for
dilution and routing analyses.
   Data files available to EPA and State users by use of STORET
   reach retrieval keywords and conversational terminal procedures
   provided by the Water Quality Analysis Branch.

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*EPA         Abstracts of
                 Industrial NPDES
                 Permits
          Abstracts of Industrial NPDES Permits provides rapid
      access to  information contained in approximately 400 indus-
      trial wastewater discharge permits issued by EPA and State
      permitting authorities.  The abstracts are intended primarily
      to illustrate various permitting techniques; show similarities
      and differences in permit effluent limits and monitoring fre-
      quencies; and demonstrate applications of specialized permitting
      tools such as biomonitoring and best management practices.


          This third edition of the Abstracts of Industrial NPDES
      Permits is a convenient desk-top reference for permit engineers.
      The volume also is expected to be of interest to environmental
      managers and others in the engineering, research and academic
      communities with an interest in industrial wastewater treatment.
      Each abstract in the volume is a summary of an actual NPDES permit
      condensed to a standardized one-page format for quick review.
      Readers are encouraged to obtain the complete permit and fact
      sheet for more details.
         The EPA Regions and NPDES States were sent copies of the July
     1985 Edition of Abstracts in the Fall of 1985.  If you failed to
     receive a copy and would like to be placed on the mailing list
     for the July 1986 Edition, contact:

                           Belen D. Revilla
                           USEPA
                           Permits Division
                           401 M St., SW (EN-336)
                           Washington, DC  20460
                           (202) 475-9543

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                                      SAMPLE ABSTRACT
KYQ302119:  01 in Corporation  in Brandenburg, Kentucky  (S.W. of Louisville,  is in the
Organic Chemicals Category  (40 CFR 414)  and  produces qlycols,  glycol ethers,
polyalkaline glycols and toluene diamine (SIC 2869).   The company has two discharges
to the Ohio River  (Outfalls 001 and 002) and one discharge to Doe Run (Outfall 003), a
tributary to  the Ohio.   Outfall  001 (18.8 mgd) and Outfall  003  (2.0 mgd)  are  non-
contact cooling water and stormwater runoff with permit effluent limits on chromium,
zinc and total chlorine residual when antifouling compounds are added to the  cool.ng
"water.  Outfall 002,  the main process wastewater discharge of 3.2 mgd,  receives
treatment by  an activated sludge system with a 6 mgd aeration capacity and the
capability  to biologically treat 7  to 8 mgd.  The treatment train consists of
equalization,  activated sludge, clarification-flocculation (cationic polymer
addition), sludge thickening, "and dewataring rotary vacuum filters, with Outfall 002,
chromium  limits are based on the raw waste  load from all  processes and will meet state
water quality standards.  The haloether permit limits  are based on inplant biological
treatment performance and will maintain State water quality standards.  Biomonitoring
is required for Outfall 002 to evaluate the toxicity of the whole waste using acute
lethality tests with fathead minnows  or water fleas.   A finding of toxicity or
bioaccumulation can result in the requirement  for a toxicity reduction plan or
modification of the permit.
 Effective Date:   December 1,  1982
 Expiration Date:   November 30,  1987
               Abstract Date:
  Final Permit
Aoril 20, 1983
                                EFFLUENT LIMITS (Final)
 K¥0002119:.  Olin Corporation

         Pollutants           Outfall
Avg./Max.  Limits and Units    Monitoring
Flow : 002 : monitor only
Temperature : : "
BOcAs : : 455/909 kg/d
TSS : : 758/15 16 "
Chromium, Total : : 5. 1/9. 5 "
Bis(2-Chloroisopropyl) Ether: , :3.2/6.4 "
Bis(2-Chloroetnyi Ether : : 0.9/1. 8
pH :001, 003:6.0 - 9.0
plow : :monitor only
Temperature : : "
Chromium. Total ** : :1. 0/1.0 mq/1
Zinc : :0. 5/1.0
Total Chlorine Residual ** : : 0.2/0. 2.0
'OH : :6.0 - 9.0nlv
BOD-5 : 001 :monitor only



(37/75 mg/1*)
(62/125 " *)
(.42/.79 " *)
(.26/.S2 " *)
(.07/.1S " *)









: continuous
•
:l/wk 24hr comp
•
•
:2/mo "
:
:l/wk arab
: continuous
•
:l/mo arab
: "
:
•:
:l/wk
: '
. .
*Equivalent concentrations based on flow of 3.2 mgd; but not .included
in permit _
samplina reauired onlv when cooling water is expected to be influenced oy 	



 Biomonitoring  at outfall 002  shall be  initiated within  60  days, shall be conducteo	
 monthly for  2  consecutive months; quarterly for  1  vear, then  annually for duration or.
 permit'.  Test  shall  be an 8  to 24 hr  static test followed by  a 48 hr static test	
 if  toxicitv  is detected.  Permittee shall report results, including 48 hr LC50 ana,
 95% confidence interval where appropriate, within  10 days.	

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                                                                  Permit No.
                         MICHIGAN WATER RESOURCES  COMMISSION
                         AUTHORIZATION TO  DISCHARGE  UNDER  THE
                   NATIONAL POLLUTANT DISCHARGE  ELIMINATION SYSTEM

 Incompliance with the provision of  the Federal Water Pollution Control  Act,  as amended,
 (33, U.S.C. 1251 et seq; the "Act"),  and the Michigan Water Resources Commission Act, as
 Bended, (Act 245, Public Acts of 1929, as  amended, the "Michigan Act"),
 is authorized to discharge  from  a  facility located at
to receiving water  named

in accordance with  effluent limitations,  monitoring requirements and other conditions set
forth  in  Parts  I  and  II hereof.
This permit takes effect  immediately upon the date of issuance.  Any person  who feels
aggrieved by this permit  may file a sworn petition with the Commission, setting forth
the conditions  of 'the permit which are being challenged and specifying the grounds for
the challenge.  The Commission may reject any petition filed more than 60 days after
issuance  as being untimely.  Upon granting of a contested case to the applicant, the
Comrission shall  review the permit to determine which contested terms shall be stayed
witil  the Commission  takes its final action.  All other conditions of the permit remain
in full effect.  If the contested condition is a modification of a previous permit
condition and  the Commission determines the contested condition shall be stayed, then
such previous  condition remains in effect until the Commission takes final action.
During the course of  any  administrative proceeding brought by a person other than the
applicant, the conditions of this permit will remain in effect, unless the Commission
determines otherwise.
This  permit  and the authorization to discharge shall expire at midnight 	
In order  to  receive authorization to discharge beyond the date of expiration, the
permittee shall submit such information and forms as are required by the Michigan Water
Resources Commission  no  later than 180 days prior to the date of expiration.

This  permit  is based  on  an application dated	   _	
	•       and shall supersede any and all Orders
;of Determination, Stipulation, Final Orders of Determination, or NPDES Permits
previously adopted  by the Michigan Water Resources Commission.
Issued this  	day of	» by the Michigan Water Resources  Commission
superseding  NPDES Permit No. MI 	,  expiring
                                                     Paul  D.  Zugger
 Reissue/Modification                                 Executive  Secretary

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Permit No. —	

                                        PART I

A.  EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

    1.  Final Effluent limitations
                                           Page
                                                                               of
    Effluent
 Characteristic
        Discharge Limitations
kg/day  (Ibs/day)    Other Limitations
Monthly     Daily    Monthly    Daily
Average    Maximum   Average   Maximum
Monitoring Requirementj
Measurement      Sampler
Frequency        Type
     a.  The pH shall not be less than
 monitored as follows: 	
                    nor greater than
   The  pH shall  be
     b.  The discharge shall not cause excessive foam in the receiving waters.  The
 discharge shall be essentially free of floating and settleable solids.

     c.  The discharge shall not contain oil or other substances in amounts sufficient
 to create a visible film or sheen on the receiving waters.

     d.  Samples, measurements, and observations taken in compliance with the monitorinfl
 requirements above shall be taken	.		

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 Permit No.      	                                      Page 	of
    Special Condition

    This permit may be modified or, alternatively, revoked and reissued to
 comply with any applicable standard(s) or limitation(s) promulgated under
 Section 301(b)(2)(c)(d), 304(b)(2) and 307(a)(2) of the Act, if the effluent
 standard (s) or limitation(s) so promulgated:

    a.  is(are) either different in condition or more stringent than
        any effluent limitation in the permit; or

    b.  control(s) any pollutant not limited in the permit.

    Special Condition - Notification Requirement

    The discharger shall notify the Chief of the Surface Water Quality Division,
 in writing, within 10 days of knowing, or having reason to believe, that a
 change in facility operation, maintenance, or construction has resulted or
 will result in the discharge of:

    1.  Detectable levels* of chemicals on the current Michigan Critical
        Materials Register or priority pollutants or hazardous substances
        set forth in 40 CFR Vol. 48, No. 64, April 1, 1983, Part 122.21,
        Appendix D, pp. 14176-14177 which were not acknowledged in the
        application** or listed in the application at less than detectable
        levels.             -                                              *

    2.  Detectable levels* of any other chemical not listed in the application
        or listed at less than detection, for which the application
        specifically requested information.

    3.  Any chemical at levels greater than five ti»<>«; the average level
        reported in the application**.

    Any other monitoring results obtained as a requirement of this permit
shall  be reported in accordance with the schedule of compliance.

    *The detectable level shall be defined as the Method Detection Limit
      (MDL) as given in Appendix B to Part 136, Federal Register, Vol. 49,
      No. 209, October 26, 1984, pp. 43430-31.


      **The application dated

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Permit No.	                                            Page	of.

                                         PART I

3.  MONITORING AND REPORTING

    1.  Representative Sampling

        Samples and measurements taken as required herein shall be representative of the
volume and nature of  the monitored discharge.

    2.  Reporting:  L£JS applicable  to your  facility;   l£WJ* not applicable  to your  faci!

    I  ! a.  MOR Submittal Requirements - The permittee shall submit Monthly Operating Res
(MOR) forms to the Data Center of the Michigan Department of Natural Resources for each
calendar month of the authorized discharge period(s).  The MQR's shall be postmarked no
later than the 10th day of the month following each month of the authorized discharge
period(s).

     il b.  Retained  Self -Monitoring^ Requirements - The permittee shall maintain  a
year-to-date  log of retained self-monitoring results and provide such log for inspection
to  the staff  of the

       D  (1.) Surface Water Quality Division of the Michiaan Deoartment nf Natural
            Resources.
       D  (2J Environmental Health Services Division, Michigan Department-of
            Pubjic Health   .                    ...
       O  (3.) Northern Peninsula Division, Michigan Department of Public Health
       D  (4.) Division of Heafth Facility  Licensing -i Certification, Michigan
           . Department of Public Health

upon  request.

            The permittee shall certify,  in  writing,  to the Chief of the Surface
Water Quality. Division of the Department  of  rtotural  Resources in accordance .with
the Schedule of Compliance Part I, C-	, that;

            (1.) all retained self-monitoring requirements have been complied with  and
            a year-to-date  log has been maintained.
            (2.1 the flow rate(s)  (if part of retained self-monitoring results) from
            all outfalls have been substantially  the same as  the flow rate(s) authorize:
            by this permit or if
            (3.) the flow rate(s)  (if part of retained self-monitoring results) is  (are/
            substantially different  from  the flow  rate(s) authorized by  this permit  and
            the permittee shall provide reasons for the difference in flow rates.

     LJ c.  Groundwater Monitoring - The  permittee shall submit Monthly Operating Seoo^
 (MOR)  forms to the Data Center of'the Michigan Department of  Natural Resources in acco^
with the monitoring  requirements set forth in  Part I, A-	.   The MOR's  shall be  poster
no  later than the  10th day  of  the month following  each  completed report  period.

     LJ d.  First  Permit -  Existing  or Proposed Facility -  Upon  issuance  of  the  first
permit for an existing or proposed facility  the permittee is  exempt from  submitting  ™R.
for a period  of ninety  (90)  days  from the date  the permit is  issued.

     I  ] e.  Permit Reissuancs  or  Modification  - For any parameter added to the rwnitor^
 requirements,  as a  result of- permit reissuance  or  modification  of the  current permi ~, "^
oerrittee will be exerot frorr subrnttinn ?K)?. data for that parar«ter for * oeriod OT nl
 (90)  davs fron the date the  Demit is issued.

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Permit  No. 	                                        Page 	of
     3.   Definitions

         a.  The monthly  average discharge is  defined as  the total  discharge by
weight,  or  concentration  if specified,  during  the reporting month divided by
the number  of  days  in the reporting month that the discharge from the production
or commercial  facility  occurred.   When  less than daily sampling occurs, the
monthly  average discharge shall  be determined  by the summation of the measured
daily discharges by weight, or concentration if specified,  divided by the number
of days  during the  reporting month when the samples were  collected, analyzed and
reported.

        b.   The daily maximum discharge means  the total discharge by weight, or
concentration  if specified, during any  calendar day.

        c.   The Regional  Administrator  is defined as the  Region V Administrator,
U.S.  EPA, located at 230  South Dearborn, 13th  Floor, Chicago, Illinois 60606.

        d.   The Michigan  Water Resources Commission is located in the Stevens T.
Mason Building.  The mailing address is Box 30028, Lansing, Michigan 48909.

     4.  Test Procedures

        Test procedures for the analysis of pollutants shall conform to regulations
published pursuant  to Section 304(h) of the Act, under which such procedures may
be required.

     5.  Recording Results

        For each measurement or sample  takr^ pursuant""""  the requirements of this
permit,  the permittee shall record the  following information:

        a.   The exact place, date, and  time of sampling;

        b.   The dates -the analyses were performed;

        c.   The person(s) who performed the analyses;

        d.   The analytical techniques or methods used; and

        e.   The results of all required analyses.

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Permit No. 	                                       Page	of
     6.  Additional Monitoring by Permittee

         If the permittee monitors any pollutant at the location(s) designated
     herein more frequently than required by this permit using approved analytical
     methods as specified above-, the results of such monitoring shall be incluaea
     in the calculation and reporting of the values required in the Monthly Ooerating
     Report.  Such increased frequency shall also be indicated.

     7.  Records Retention

         All records and information resulting from the monitoring activities
     required by this permit, including all records of analyses performed and
     calibration and maintenance of instrumentation and recordings from continuous
     monitoring instrumentation, shall be retained for a minimum of three (3) years,
     or longer, if requested by the Regional Administrator or the Michigan Water
     Resources Commission.

 C.  SCHEDULE OF COMPLIANCE

     1.  The permittee shall continue to operate the installed facilities to achieve
     the effluent limitations specified for outfall(s) 	.

     2.  The permittee shall comply with the requirements of Section 10, Part II-A'
     in accordance with the following:

         a.   Submit plans  for approval  to  the  Chief of the Surface Water Quality
             Division necessary co comply  with  the primary power  provision  of
             Section 10 in Part II on  or before	^_	•

         b.  The permittee shall comply with the requirements of items lOa or lOb
             contained in Part II on or before	.  Notwithstanding
             the preceding sentence, the permittee snail at all times halt, reduce,
             or otherwise control production in order to protect the waters of  the
             State of Michigan upon reduction or loss of the primary source of  power.

     3.  On or before January 10th of each1 year, during the effectiveness of this
     permit, the permittee shall submit the retained self-monitoring written
     certification as required in the Monitoring and Reporting Section of this  perrni".
     The certification shall be submitted to the Chief of the appropriate division
     responsible for compliance with this  permit.

     4.  No later than 14 calendar days following a date identified in the above
     schedule of compliance, the permittee shall submit either a report of progress
     or, in the case of specific actions being required by identified dates, a
     written statement of compliance-or noncompliance.  In the latter case, the
     statement shall include the cause of noncompliance, any remedial -actions taken, ^
     and the probability of meeting the next scheduled requirement.  Failure to suto"1*-
     the written statement is just cause to pursue enforcement action pursuant  to
     the commission act and the Part 21 Rules.

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Permit No. 	                                     Page 1  of  5

                                    PART  II


A.  MANAGEMENT REQUIREMENTS

   1.  Duty to Comply

       All discharges authorized herein shall be consistent with the terms and
   conditions of this permit.  The discharge of any pollutant identified in this
   permit more frequently  than or at a level in excess of that authorized shall
   constitute a violation of the permit.

       It is the duty of the permittee to comply with all the terms and conditions
   of this permit.   Any noncompliance with the Effluent Limitations, Special
   Conditions, or terms of this permit constitutes a violation of Public Acts 245
   of 1929, as amended, and/or PL 92-500, as amended, and constitutes grounds for
   enforcement action; for permit termination, revocation and reissuance, or
   modification; or denial of an application for permit renewal.

   2.  Change of Conditions

       Any anticipated facility expansion, production increases, or process
   modification which will result in new, different, or increased discharges of
   pollutants must  be reported by submission of a new application or, if such
   changes will not violate the effluent limitations specified in this permit, by
   notice to the permit issuing authority of such changes.  Following such notice,
   the permit may be modified to specify and limit any pollutant not previously
   limited.

   3.  Containment  Facilities

       The permittee shall provide facilities for containment of any accidental
   losses of concentrated solutions, acids, alkalies, salts, oils, or other
   polluting materials in accordance with the requirements of the Michigan Water
   Resources Commission Rules, Part 5.  This requirement is included pursuant to
   Section 5 of the Michigan Water Resources Commission Act, 1929 PA 245, as amended,
   and the Part 5 rules of the General Rules of the Commission.

   4.  Operator Certification

       The permittee shall have the waste treatment facilities under direct
   supervision of an operator certified by the Michigan Water Resources Commission,
   as required by Section 6a of the Michigan Act.

   5.  Noncompliance Notification

       If, for any  reason, the permittee does not comply with or will be unable
   to comply with any daily maximum effluent limitation specified in this permit,
   the permittee shall provide the Chief of the Surface Water Quality Division with
   the following information, in writing, within five (5) days of becoming aware
   of such condition:

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Permit No.                                                      Page 2 of 5
       a.  A description  of  the  discharge and cause of noncompliance; and

       b.  The  period  of  noncompliance,  including exact dates and times; or,
           if pot  corrected,  the anticipated time the noncompliance is expected
           to continue, and  the  steps  taken to reduce, eliminate and prevent
           recurrence  of  the  noncomplying discharge.

   6.  Spill Notification

       The permittee shall Immediately report any spill or loss of any product,
   by-product,  intermediate  product, oils, solvents, waste material, or any other
   polluting substance which  occurs to the surface waters or groundwaters of the
   state by calling the Department of  Natural Resources 24-hour Emergency Response
   telephone number 1-800-292-4706; and  the permittee shall within ten (10) days of
   the spill or loss,  provide the state  with a full written explanation as to  the
   cause and discovery of the spill or loss, clean-up and recovery measures taken,
   preventative measures  to  be taken,  and schedule of implementation.  This
   requirement  is  included pursuant to Section 5 of the Michigan Water Resources
   Commission Act, 1929 PA 245,  as amended.

   7.  Facility Operation

       The permittee shall at all times  properly operate and maintain all treatment
   or control facilities  or  systems installed or used by the permittee to achieve
   compliance with the terms  and conditions of this-permit.

   8.  Adverse  Impact •

       The permittee shall take  all reasonable steps to minimize any adverse impact
   to the surface  or groundwaters of the state resulting from noncompliance with any
   effluent limitation specified- in this permit including, but not limited to, such
   accelerated  or  additional  monitoring  as necessary . ., determine the nature and
   impact of the discharge in noncompliance.

   9.  By-Passing

       Any diversion from or  by-pass of  facilities necessary to maintain compliance
   with the terms and  conditions of this permit is prohibited, except (i) where
   unavoidable  to prevent loss of life,  personal injury, or severe property damage,
   or (ii) where excessive storm drainage or runoff would damage any facilities
   necessary for compliance with the effluent limitations and prohibitions of  this
   permit.  The  permittee shall  promptly notify the Michigan Water Resources
   Commission and the  Regional Administrator, in writing, of such diversion or by-pass

  10.  Power Failures

       In order  to maintain compliance with the effluent limitations and prohibitions
   of this permit, the permittee shall either:

       a.   Provide an  alternative power  source sufficient to operate facilities
           utilized by permittee to maintain compliance with the effluent limita-
           tions and conditions  of this  permit which provision shall be indicated
           in this permit by  inclusion of a specific compliance date in each
           appropriate "Schedule of Compliance for Effluent Limitations".

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Permit No. 	                                          Page 3 of
       b.  Upon the reduction, loss, or failure of one or more of  the primary
           sources of power to facilities utilized by the permittee  to maintain
           compliance with the effluent limitations and conditions of this permit,
           the permittee shall halt, reduce or otherwise control production
           and/or all discharge  in order to maintain compliance with the effluent
           limitations and conditions of this permit.

   11.  Removed Substances

       Solids, sludges, filter backwash, or other pollutants  removed from or
   resulting from treatment or control of wastewaters shall be disposed of in  a
   manner such, as to prevent any pollutant from such materials from  entering
   navigable waters, or the entry of toxic or harmful contaminants thereof onto
   the groundwaters in concentrations or amounts detrimental  to  the  groundwater
   resource.

   12.  Upset Noncompliance Notification

       If a process "upset" (defined as an exceptional incident in  which there  is
   unintentional and temporary noncompliance with technology  based permit effluent
   limitations because of factors beyond the reasonable control  of the permittee)
   has occurred, the permittee who wishes to establish the affirmative defense of
   upset shall notify the Chief  of the Surface Water Quality  Division by telephone
   within 24 hours of becoming aware of such conditions and within five  (5) days,
   provide in writing, the following information:

       a.  That an upset occurred and that the permittee can  identify the specific
           cause(s) of the upset;

       b.  That the permitted wastewater treatment  facility was, at  the time,
           being properly operated;

       c.  That the permittee has specified and  taken action  on  all  responsible
           steps to minimize  or  correct any adverse  impact  in the  environment
           resulting from noncompliance with his permit.

       In any  enforcement proceedings,  the permittee  is seeking  to establish  the
   occurrence  of an upset, has  the burden of proof.

   13.  Any requirement of this  permit which  is  included under the  unique terms of
   Michigan,  the Water Resources Commission, Act 245, P.A.  1929, as  amended,  and
   rules promulgated thereunder, is  not enforceable  under  the Federal Clean Water
   Act regulations.

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Permit No. 	                                       Page 4 of 5


B.  RESPONSIBILITIES

    1.  Right of Entry

        The permittee shall allow the Executive Secretary of the Michigan Water
    Resources Commission, the Regional Administrator and/or their authorized
    representatives, upon the presentation of credentials:

        a.  To enter upon the permittee's premises where an effluent source is
            located or in which any records are required to be kept under the
            terms and conditions of this permit; and

        b.  At reasonable times to have access to and copy any records required
            to be kept under the terms and conditions of this permit; to inspect
            any monitoring equipment or monitoring method required in this permit;
            and to sample any discharge of pollutants.

    2.  Transfer of Ownership or Control

        In the event of any change in control or ownership of facilities from
    which the authorized discharge emanate, the permittee shall notify the succeeding
    owner or controller of the existance of this permit  by letter, a copy of which
    shall be forwarded to the Michigan Water Resources Commission and the Regional
    Administrator.

    3.  Availability of Reports

        Except for data determined to be confidential under Section 308 of the
    Act and Rule 2128 of the Water Resources Commission  Rules,  Part 21, all reports
    prepared in accordance with the terms of this permit shall  be available for
    public inspection at the offices of the State Water  Pollution Control Agencv
    and the Regional Administrator.   As required by the  Act,  effluent data shall not
    be considered confidential.   Knowingly jiaking an" "alse statement on any such
    report may result in the imposition of criminal penalties as provided for in
    Section 309 of the Act and Sections 7 and 10 of the  Michigan Act.

    4.  Permit Modification

        After notice and opportunity for a hearing,  this permit  may be modified,
    suspended, or revoked in whole or in part during its term for cause including!
    but not limited to,  the following:

        a.   Violation of any terms or conditions of  this permit;

        b.   Obtaining this permit  by misrepresentation or  failure to  disclose
            fully,  all  relevant  facts;  or

        c.   A change in  any  condition that requires  either  a  temporary or permanent
            reduction or elimination of  the authorized discharge.

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Permit  No. 	                                      Page 5 of 5


   5.   Toxic  Pollutants

       Notwithstanding Part  II,  B-4 above,  if a toxic effluent standard or
   prohibition  (including any  schedule of  compliance specified in such effluent
   standard or  prohibition)  is established  under Section 307(a)  of the Act for
   a  toxic pollutant  which is  present in the discharge and such standard or
   prohibition  is more stringent than any  limitation for such pollutant is this
   permit, this permit shall be  revised or  modified in accordance with the toxic
   effluent standard  or  prohibition and the permittee so notified.

   6.   Civil  and Criminal Liability

      Except as provided in  permit  conditions on "By-Passing" (Part II, A-9)
   and  "Power Failures"  (Part  II, A-10), nothing in this permit shall be construed
   to relieve the permittee  from civil or  criminal  penalties for noncompliance,
   whether or not such noncompliance is due to factors beyond his control, such
   as accidents, equipment breakdowns, or  labor disputes.

   7.   Oil and  Hazardous Substance  Liability

       Nothing  in this permit  shall be construed to preclude the institution  of
   any  legal  action or relieve the  permittee from any responsibilities, liabilities,
   or penalties to which the permittee may  be subject under Section 311 of the Act
   except as  are exempted by federal regulations.

   8.   State  Laws

      Nothing  in this permit  shall be construed to preclude the institution  of any
   legal action or relieve the permittee from any responsibilities, liabilities,
   or penalties established  pursuant to any applicable State law or regulation under
   authority  preserved by Section 510 of the Act.

   9.   Property Rights

       The issuance of this  permit  does not convey  any property rights in  either
   real or personal property,  or any exclusive privileges,  nor does it authorize
   violation  of any Federal, State  or local laws or regulations, nor does  it  obviate
   the  necessity of obtaining  such  permits  or approvals from other units of
   government as may  be  required by law.

  10.   Severability

       The provisions  of  this  permit are severable,  and if  any provision of this
   permit, or the application  of any provision of this permit to any circumstances,
   if held invalid, the  application of such provision to  other circumstances,  and
   the  remainder of this  permit, shall not  be affected thereby.

  11.  Notice to Public  Utilities (Miss Dig)

       The issuance of this  permit  does not exempt  the permittee from giving  notice
   to public  utilities and complying with each of the requirements of Act  53  of the
   Public Acts  of 1974,  being  sections 460.701 to 460.718  of the Michigan  Compiled
   Laws, when constructing facilities to meet the terms of  this  permit.

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                                                         Permit No.

                                  MIXING  ZONE
              Facility:
OUTFALL NUMBER                 RECEIVING STREAM          DISCHARGE  LOCATION
For toxic pollutants, the volume of receiving  water  used  in  assuring that effluent
limitations are sufficiently stringent to meet Water Quality Standards is 25% of
the design flow of the receiving stream.

For other pollutants, the volume of receiving  water  used  in  assuring that effluent
limitations are sufficiently stringent to  meet  Water  Quality  Standards is the
design flow of the receiving stream.

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                                                                     Permit No.	

                             MICHIGAN WATER RESOURCES COMMISSION

                            AUTHORIZATION  TO DISCHARGE  UNDER THE

                       NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM


          In compliance with the provisions of the Federal Water Pollution Control Act, as
     amended, (33 U.S.C. 1251  et seq; the "Act"), Michigan Act 98, Public Acts of 1913, as
     amended, being sections 325.201 through 325.214 of the Compiled Laws of Michigan, anc^
     the Michigan Water Resources Commission Act, as amended, (Act 245, Public Acts of 1S23,
     as amended, being sections 323.1 through 323.13 of the Compiled Laws of Michigan, the
     "Michigan Act"),


     is authorized to discharge from a facility located


     designated as

     to receiving water named

     in accordance with effluent limitations, monitoring requirements and other conditions
     set forth in Parts I and II hereof.

     This permit takes effect immediately upon the date of issuance.  Any person who feels
     aggrieved by this permit may file a sworn petition with the Commission, setting forth
     the conditions of the permit which are being challenged and specifying the grounds
     for the challenge.  The Commission may reject any petition filed more than 60 days
     after issuance as being untimely.  Upon granting of a contested case to the applicant,
     the Commission shall review the permit to determine which contested terms shall be
     stayed until the Commission takes its final action.  All other conditions of the
     permit remain in full effect.   If the contested condition is a modification of a
     previous permit condition  and  the Commission determines the contested condition sha'l
     be stayed, then such previous  condition remains in effect until the Commission takes
     final action.  During the  course of any administrative proceeding brought by a oerscn
     other than the applicant,  the  conditions of this permit will remain in effect, unless
     the Commission determines  otherwise.

     This permit and the authorization to  discharge  shall expire at midnight 	
                                  In order  to receive authorization to discharge beyonc trie
     date of expiration, the permittee shall submit  such  information and forms as are
     required by the Michigan Water Resources Commission  no later than 180 days orior  to
     the date of expiration.

     This permit is based on an apolication dated	—_—.	
                             	^	, and shall supersede any anc  a:;
     Orders of  Determination, Stipulations, Final Orders  of Determination, or  NPDES Dernrits
     previously  adopted by  the  Michigan Water Resources Commission, concerning the
     described  dischargers).

     Issued  this 	day of 	___,  by the Michigan Water Resources
     Commission.
                                                Paul  D.  Zuaaer
                                                Executive  Secretary
Reissue

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      Permit No.
                                                                    Page
of
                                       PERMIT CONDITIONS

                                            PART I

      A.  EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

          Final Effluent Limitations

      a.  During the period beginning        	___
                                  	 and lasting
                                  the permittee is authorized to discharge t-eatec
      municipal wastewaters  from the _
      treatment plant through outfall"
                                       to
      Such discharges shall be limited and monitored by the permittee as follows:
EFFLUENT
I CHARACTERISTICS
5-Day 20°C
Biochemical
Oxygen Demand
I Suspended
Solids
Total Phosphorus
(as P)
Fecal Col i form
Bacteri a


PH

DATES
IN
EFFECT
All
Year
All
Year
AH
Year



All
Year

LOAD
LIMITATIONS
30-Day
Average


«••«
w*«*


...

7-Day
Average


*«»*
• *•


...

CONCENTRATION
LIMITATIONS
30-Day
Average
30 mg/1
30 mg/1
1.0 mg/1
200/100 ml

Daily Min.
5.0

7-Day
Average
45 mg/1
MONITORING
REQUIREMENT:
iestinc
Freauencv

45 mg/1
...
400/100 ml




Dai 1 v Max.
9.0 ' __


The following design flows were used in determining the above limitations, but are not  tc  ?t
considered limitations or actual capacities themselves:

      b.  All samples shall be 24-hour composite samples taken prior to disinfection  except
      Fecal Coliform Bacteria, Total Residual Chlorine, Dissolved Oxygen, and oH wnich
      shall be grab samples of the effluent.

      c.  The total effluent flow shall be measured daily.
                                                                         the r?err:-i ttee
      d.  During the periods  that Coliform Bacteria Limitations are in ef*ect
      shall provide adequate  control and facilities to ensure continuous disinfection.
e.  In addition to the 800 and Suspended Solids limitations above,
effluent BOD and Suspended Solids concentrations shall not exceed 1
average influent concentrations for approximately tne same period.
                                                                         the 30-aay  a
                                                                         5 percent of
FEL(SEC)

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      Permit No..
                                  Pane
                                                                                    of
                                       PERMIT CONDITIONS

                                            PART I

      A.  EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

          Final Effluent Limitations

      a.  During the period beginning
	and lasting until
the pennittee is authorized to discharge treated
                                wastewater treatment
      municipal wastewaters from the	
      plant through outfall        to	
      Such discharges shall be limited and monitored by the pennittee as  follows:
EFFLUENT
CHARACTERISTICS






t
1

DATES IN
EFFECT









EFFLUENT LIMITATIONS ^TT^
MTnimum
Daily


"






Maximutns , rnrnnr^r-'
Daily









30-Day Ava.







7-Day Ava. — v— -




•
1


•
The following. design flows were used in determining the anove limitations, out are not _c ?e
considered limitations or actual capacities themselves:
FEL

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      °ermit No.
                                    Paae
of
                                       PERMIT CONDITIONS

                                            PART I

      A.  EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

          Final Effluent Limitations

      a.  During the period beginning
	and  lasting urv"
 -ne  permittee  is authorized to discharge treatec
	wastev.-cte'
      municipal wastewater from the _
      treatment plant through outfall 		
      Such discharges shall be limited and monitored by the permittee as follows:
       to
EFFLUENT
CHARACTERISTICS
Carbonaceous
5-Day 20°C
Biochemical
Oxyaen Demand
Ammonia
Ni trogen
(as N)(NH3-N)
DH "
Dissolved
Oxygen
Suspended
Solids
Total
Phosphorus
(as P)
Fecal Col i form
Bacteria
Biochemical
Oxygen Demand
DATES IN
EFFECT

May 1
to
Sept. 30
All
Year
All
Year
All
Year
All
Year


EFFLUENT LIMITATIONS
Minimum
Daily


6.0
5.0

•
...
---
Max i mums
Daily
10 mg/1
2 mg/1
9.0
._•.
-

...
...
30-Day Avg.
4 mg/1
kg/day
"0.5 mg/1
kg/ day
Ib/day
«• •
«•• •
20 mg/1
kg /day
Ib/day
1.0 mg/1
200/100 ml
30 mg/1
7-Day Avg.
kg/day
Ib/day
kg/day
Ib/day
...
...
30 mg/1
kg/day
lb/day_

400/100 ml
TEST::/:
FREQUENC







j
45 mq/1 1 __
 The following design flows were used in determining the above limitations, but are not
 considered limitations or actual capacities themselves:
FEL(Stbl)

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      Permit  No.
                                   Paae
or
                                       PERMIT  CONDITIONS

                                            PART I

      A.   EFFLUENT LIMITATIONS AND MONITORING  REQUIREMENTS

          Final  Effluent Limitations

      a.   During the period beginning
	and  lasting  until
 the  permittee  is  authorized  to  discharge treated
                                   waste  stabilization
      municipal  wastewater from the 	
      lagoon through outfall         to	^
      Such discharges shall  be limited and monitored by the permittee as follows:
EFFLUENT
CHARACTERISTICS
5-Day 20°C
Biochemical
Oxyoen Demand
Total
Phosphorus (as P)


Suspended Solids
Oct. 15 to
ice cover
Suspended Solids
Ice out to
May 15

DISCHARGE LIMITATIONS
30-Day Average
30 mg/1
. See paragraph
b. below.

Period of
Seasonal Discharge
Average
40 mg/1
70 mg/1
1
7-Day Average
45 mg/1
•<*-•

7-Day Average
45 mg/1
100 mg/1

MONITORING REQUIREMENTS
Testing I Samole Tyse
Frequency i and Locator,
1
'l










i
1
  considered limitations or actual capacities themselves:

  Discharge Period:  Discharge is to be during the high flow periods in the spring and fall of
  each year with no discharge between the period from May 15 and October 15 and no discharge
  during periods of significant ice cover on the receiving stream unless authorized by the
  District Supervisor of the Surface Water Quality Division.

      b.  Phosphorus removal will be required at such time as practical methods are develcpec
      for effective removal of phosphorus compounds in the lagoon treatment facility by
      modification of design features or by process control methods.

      c.  The pH  shall not be less than 6.0 or greater than 9.0.  The pH  shall be monitored
      as follows:__	•

      d.  The total effluent flow shall be measured daily.

      e.  The discharge is to be managed consistent with instructions provided by tne
      District Supervisor of the Surface Water Quality Division, who  shall be given notice
      at least 10 days prior to  the discharge.
FEL(L)

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Penrnt No.	                                                	 of


PART I, Section A-


b   All samples shall be 24 hour  composite samples taken prior to disinfection
except Fecal Coliform Bacteria, Total Residual Chlorine, Dissolved Oxygen, and
pH which  snail be grab samples of the affluent.

c.  The total daily  effluent  flow shall be measured daily.

d   During  the period that Coliform  Bacteria  Limitations are in effect, the
permittee shall provide  adequate  control  and  facilities to ensure continuous
disinfection.

e.  The carbonaceous BOOc  limitation shall be considered as BOD5. excluding the
oxygen demand  attributable to nitrification.

f   Demonstration  Opportunity - Opportunity exists under the Provision of Rules  of
the Michigan Water Resources. Commission (R 323.1082)  to demonstrate to the
 Commission  that  the concentration of a  material  potentially toxic to  fish or
 fish  food organisms greater than  the 96 hour  TLm (0.024 mg/1 Total Residual
 Chlorine) is acceptable.  The demonstration,  if  undertaken, shall conclusively
 demonstrate to the satisfaction  of the  Commission that such higher concentration
will  not  cause an  irreversible response which results in deleterious  effects  to
 populations of important aquatic  life and wildlife, and interference  with passage
 of fish  and fish  food organisms  results only  to  the extent that impacts  on  tneir
 immediate and  future-populations  are negligible  or not measurable.  Sucn  a
demonstration, if undertaken, shall  be  submitted to the Chief  of the  Surface
Water Quality  Division on or before	;	     •

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    Permit Nc.
                                       Page
    PART I, Section A
        Wastewater Pre-Screening Monitoring for Toxic Substances

        The Michigan Water Resources Commission has determined that discharges of the
    following toxic substances to your treatment system may result in violations of
    the State Water Quality Standards or may be incompatible with your sludge disposal
    program.  For the following parameters, a "Toxic Substances Monitoring Report"
    shall be submitted and monitoring initiated in accordance with the Schedule of
    Compliance in Part I, Section D.  The frequency and duration for the initial
    pre-screening monitoring is specified below:
              PARAMETER

         Zinc (Zn)
         Copper (Cu)
         Nickel (Ni)
         Total Chromium (Cr)
         Cyanide  (CN)
         Lead (Pb)
         Cadmium  (Cd)
         Mercury  (Hg)
         Arsenic  (As)
         Selenium (Se)
         Silver (Ag)
   PRE-SCREENING
EFFLUENT MONITORING
     FREQUENCY

Weekly for 8 weeks
Weekly for 8 weeks
Weekly for 8 weeks
Weekly for 8 weeks
Weekly for 8 weeks
Monthly for 2 months
Monthly for 2 months
Monthly for 2 months
Monthly for 2 months
Monthly for 2 months
Monthly for 2 months
   PRE-SCREENING
 SLUDGE MONITORING
     FREQUENCY
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
Monthly
for 2
for 2
for 2
for 2
for 2
for 2
for 2
for 2
for 2
for 2
for 2
months
months
months
months
months
months
months
months
months
months
months
PSM

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      Permit No.	                                           Page 	of 	


      PART I, Section A


          Monitoring of Groundwater

          During the period beginning	and lasting unti
      	 the groundwater in the vicinity of
                                                                   shall  be monitored by  --5
      permittee as specified below:

      a.  Sampling and Analysis
          All Groundwater Monitoring Wells shall be sampled monthly and the following
      parameters shall be analyzed at least at the frequencies indicated.   Reports of
      such monitoring shall be submitted to the Surface Water Quality Division on a
      monthly basis in accordance with Part II, Section A of this permit.   The monitoring
      wells shall be numbered 001, 002, etc.  A map showing the exact location of these
      wells and the casing elevations shall be submitted annually.

                          PARAMETERS              t  FREQUENCY OF ANALYSIS

                     Static Water Elevation                Monthly
                     Chloride                              Monthly
                     Specific Conductance                  Monthly
                     Calcium                               Yearly
                     Sodium                                Yearly
                     Magnesium                             Yearly
                     Sulfate                               Yearly
                     Bicarbonate                           Yearly
                     Ammonia Nitrogen                      Yearly
                     Nitrate Nitrogen                      Yearly
                     Nitrite Nitrogen                '      Yearly
                     Total Phosphorus                      Yearly


      b.  Background Data

          All Groundwater Monitoring Wells shall be sampled and tested monthly for all
      the above parameters for the first three months following installation of rhe
      well (or following the date of issuance of this permit, if the wells are existing
      and this data has not previously been obtained).   After this background data has
      been obtained, the frequency of analysis shall be as stated in paragraph a. above.

      c.  Groundwater Contamination

          If samples appear to have been influenced by waste application,  additional
      sampling and analyses and/or monitoring wells may be required.  If it is determinec
      by the Surface Water Quality Division that the information obtained  from the
      monitoring well system indicates that existing or potential potable  water supplies
      or any usable aquifer will be influenced by waste application, the permittee must
      take appropriate measures to protect such water supplies.
GW-1

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Permit No.  	                                       Page 	 of	


PART I, Section A-


d.  Other Mjrr.o .ng Programs

    Other a uundwater monitoring programs may be substituted for the one required
above if required or approved by the Chief of the Surface Water Quality Division.

e.  Sample  Collection From Monitoring Wells

    (1)  The static water elevation shall be determined prior to sampling water from
    the monitoring well.

    (2)  An amount of water equal to or greater than three times the amount of water
    in the  well and/or gravel pack shall be exhausted from the well before taking a
    sample  for analysis.  In the case of very low permeability soils the well may have
    to be exhausted and allowed to refill before a sample is collected.

    (3)  Pumping equipment shall be thoroughly rinsed before use in each monitoring
    well.

    (4)  A  pressure tank shall not be used with a sampling system since the water in
    the pressure tank would be particularly difficult to exhaust.

    (5)  Water pumped from each monitoring well should be discharged to the ground
    surface away from the wells to avoid recycling of flow.

    (6)  Samples must be collected, stored, and transported to the laboratory in a
    manner  consistent with Part II, Section A-3.

f.  Static  Water Elevation Measurement

    (1)  Water levels shall be determined by methods giving precision to 1/8" or
    0.01'.   (Example:  wetted tape method.)

    (2)  Measurements shall be made from the top of the casing with the elevation of
    all casings in the monitoring well system related to a permanent reference point,
    using United States Geological Survey datum.

    (3)  All wells shall be securely capped when not in use.
GW-2 (R)

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   Permit  No.	                                           Pa9e 	 of -


   PART !, Section A


       Discharges From Combined Sewer Systems

   a.  Limited Discharge Authorization


   is required to utilize, to the maximum extent practicable,  available receiving
   sewerage system transportation capabilities for the devliery of  combined  sewage tc
   treatment facilities, and;

   for an interim period during which an effective combined sewer overflow control
   program is to be implemented, the permittee is authorized to discharge combined
   sewage flows in excess of such available transportation  and treatment capabilities
   from outfalls at locations, and to receiving waters as listed below in accordance
   with the conditions set forth herein.


     OUTFALL          LOCATION                                     RECEIVING STREAM
CSO (Rqd-1)

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Permit No.  	                                  Page 	 of	


PART I, Section A-


b.  Combined Sewer u>c« < low Control Programs

    The	,——,	 sha11
attain control of the combined sewer overflows from the permittee's combined sewer
system at outfall(s)	 on or before	.
Such control shall consist of at least the retention and subsequent treatment of
combined sewage flows up to the 1 year 1 hour storm event and the provision of the
equivalent of primary sedimentation, skimming and disinfection for all flows in  .
excess thereof.  Other means of control either more or less stringent may be required
or approved by the Chief of the Surface Water Quality Division on a case-by-case
basis where adequate data is available to assure that Water Quality Standards will
not be violated.

    A detailed Basis of Design and construction plans and specifications for
facilities to provide the required controls shall be submitted to the Department of
Natural Resources in a timely manner in order to attain control by the required
date.  A construction permit from the Department of Natural Resources pursuant to Act
98, of 1913, as amended, is required for any significant alterations, additions or
improvements to the sewerage system.

c.  Definitions

    Combined sewage - A combination of the water-carried wastes from residences,
business establishments, institutions, and industries with intentionally added
ground, surface, or storm waters.

    Combined sewer overflow - The diversion of combined sewage to a surface water or
storm sewer from a pipe or conduit intended for transporting combined sewage for
treatment.

    Sewerage System - The assembled pipes, conduits, structures, and facilities used
for or intended to be used for the conveyance and/or treatment of sewage.

    Outfall - The point, location, or structure where wastewater or drainage
discharges from a sewer, drain, or conduit into the receiving waters.
 C30  (Rqd-2)

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     3enr.it No.	                                            Pa9e 	 of


     PART I, Section A

         Start-Up Notification

         It is acknowledged  that  new or  expanded wastewater  treatment facilities  are
     proposed  or under  construction.   The  permittee  shall  give  the  Chief  of  the
     Surface Water Quality Division written  notification of  vie anticipated  date  of
     start-up  of the new  facilities.   This written notification shall be  received at
     least  6 months prior to "start-up".   "Start-uo ' means that point in  time when
     the new facilities should  be expected to perform  as designed.

          It is anticipated that a certain  length of  time will transpire between the
     completion of construction and start-up for the purpose of establishing the
     biological treatment process and  solving equipment problems.
SUN

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     Permit  No.	                                        Pa9e  	 °f

                                           PART  I

     B.   INDUSTRIAL  WASTE  PRETREATMENT PROGRAM

         The permittee  shall  develop and  imolement  an  Industrial  Waste  P-etreatment and
     NonDomestic  User Control  Program that  enables  the permittee  to detect  and enforce
     against violations of federal,  state,  and local standards  for  the  protection  of
     the  wastewater  treatment works, its  operation, and the aauatic environment.   This
     prooram is required under the authority of  Section 307(b)  and  (c)  and  Section
     402(b)(8) of the Clean Water Act; Section 6b of the Michigan Act 245 of 1929, as
     amended;  Sections  1 and 11  of Michigan Act  98, of 1913, as amended;  and federal
     regulations  40  CFR 403.

         In  certain  cases, there may be Construction Grant funds  available  to  assist
     permittees to develop an Industrial  Waste Pretreatment Program. The permittee is
     hereby  advised  that development and  implementation of the  program  described  herein
     is  not  contingent  on  available Grant funding.

         The permittee  shall  submit all documents required for  the  Pretreatment Program
     to  the  attention of the Chief of the Surface Water Quality Division, Michigan
     Department of Natural Resources, P.O.  Box  30028,  Lansing,  Michigan,  48909.  The
     permittee is referred to Part II, Section A-2  for definitions  of several  important
     terms used  in this Section.  The development of the Industrial Waste Pretreatment
     shall be as  follows:

         1.   Industrial Waste Pretreatment and  NonDomestic User Control Proaram

         a.   On or before	, submit for  approval*a Master Plan
             to develop and implement an  Industrial Waste Pretreatment  and  NonDomestic
             User Control  Program.  The Master  Plan shall identify a series of
             necessary  tasks which shall  lead to ultimate approval  by the State of
             the  permittee's ongoing surveillance  program.  The Master  Plan shall
             address and expand on the following general areas  identified in the Code
             of  Federal Regulations (CFR) entitled  "General Pretreatment Regulations
             for  Existing  and New Sources of Pollution" issued Monday,  January 28, 1981:

                  Legal Authorities - 40CFR403.8(f)(1)(i) thru  (vi)

                  Procedures        - 40CFR403.8(f)(2)(i) thru  (vii)

                  Funding           - 40CFR'403.8(f)(3)

             This Master  Plan shall make full use  of  Industrial User and NonOomestic
             User surveillance  information that may have resulted  from the  identifica-
             tion, classification and survey requirements of any previous NPDES oermit.

             A timetable  shall  be prepared by the  permittee and submitted with the
             Master Plan.   This  timetable  shall include  appropriate  intermediate  tasks
             and  predicted completion dates.  The  following dates  and  task  descriotions
             shall form the  basic timetable  structure  for program  develooment.  Other
             tasks and dates  established by  the permittee may  be modified at  the
             permittee's  discretion.

             Notice is hereby given  that upon State aoproval,  the  permit shall be
             modified  to  incorporate  the local  pretreatment oroaram.
IPT-1

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   Permit No.	                                          Paae 	of -


   PART I, Section B-lb

       b.  On or before        .	submit  the results of a User Survey
           which includes  the  identification of NonDomestic Users of the waste
           collection  system.  The  submittal shall designate various NonDomestic
           Users as  Major  Users  and explain the rationale used in the designation.
           For  all NonDomestic Users the  following Information shall oe included:

            (1)   The  name and mailing address of all  NonDomestic Users of the
                 waste  collection system,  including both local facility address
                 and  main office  address,  if different.

            (2)   The  principal  enterprise  of the user,  including if aporooriate,
                 the  product(s) produced or raw material(s) processed and the
                 quantity per unit time.  An indication of the magnitude of  the
                 enterprise should be given.  All  facilities in industrial
                 classifications  identified by  EPA as being subject to pretreatment
                 control  shall  be identified by Standard  Industrial Classification
                 code (SIC) (see attachment A for  SIC listing).

            (3)   The  quantity of wastewater discharged  daily and whether the
                 discharge  is intermittent or continuous.

            (4)   A description of any pretreatment provided prior  to discharge to
                 the waste  collection system.

            (5)   A qualitative description of  the  wastewater character  in  terms
                 of appropriate parameters and  concentrations  (see attachment  B
                 for possible pollutant parameters of concern).

            (6)   A list of all  chemicals used  for  process, cooling water,  boiler
                 water, or other purposes  with  an  indication of quantity  used
                 and disposition of spent chemicals.

        c.  On or before 	submit for  approval  draft versions
            of sewer use ordinances, statutes,  contracts and/or joint  cowers
            agreements necessary to provide the permittee with legal  authorities
            described  in 40 CFR 403.8(f)(1)(i)  through  (vi) throughout the area
            served by  the  permittee's facility.

            The legal  authorities shall enable the permittee to:

             (1)  Deny  or condition  new or  increased  contributions of pollutants, or
                 changes in  the  nature of  pollutants, to  the waste collection system
                 by  Industrial and  NonDomestic Users.

             (2)  Require compliance with applicable  National  Pretreatment Standards
                 and other more  restrictive requirements  as may be imposed  by the
                 permi ttee.

             (3)  Control,  through permit,  contract,  order, or similar means,  the
                 contribution  to the waste collection  system by Industrial  and
                 NonDomestic Users.
IPT-2

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      Permit No.	                                           Paqe 	 of _

      PART I, Section B-lc

              (4)  Require the development of compliance schedules by Industrial and
                   NonDomestic Users for the installation of facilities required to
                   meet applicable National Pretreatment Standards and other more
                   restrictive requirements as may be imposed by the permittee.

              (5)  Require the submission of notices and self-monitoring reports from
                   Industrial and NonDomestic Users to assess and assure compliance
                   with National Pretreatment Standards and other more restrictive
                   requirements as may be imposed by the permittee.

              (6)  Carry out all inspection, surveillance and monitoring procedures
                   necessary to determine, independent of information supplied bv
                   Industrial and NonDomestic Users, compliance or noncompliance'with
                   applicable National  Pretreatment Standards and other more restrictive
                   requirements as may be imposed by" the permittee.

              (7)  Seek injunctive relief for noncompliance with National  Pretreatment
                   Standards and other more restrictive requirements as may be imposed
                   by the permittee.

              (8)  Require Industrial and NonDomestic Users to install  containment
                   facilities to protect the treatment works from accidental spills of
                   critical  or hazardous materials.

          d.   On or before	       *   submit for approval  and request
              approval  to implement the complete Industrial  Waste Pretreatment and
              NonDomestic User Control  Program.   A request  for program  approval  shall
              be accompanied with:

              (1)  Applicable statutues, ordinances,  permits, contracts, etc.

              (2)  A detailed description of mechanisms,  proposed to enforce
                   the  compliance schedules  developed for NonDomestic Users.

              (3)  Inspection and monitoring program  procedures  to assess
                   compliance or noncompliance with National  Pretreatment
                   Standards and other  more  restrictive  requirements as may
                   be imposed by the permittee.

              (4)  A detailed description of mechanisms  proposed to remedy
                   noncompliance with the National  Pretreatment  Standards,
                   and  other more restrictive requirements  as  may be imposed
                   by the permittee including administrative  relief and
                   injunctive relief.

              (5)  A listing of monitoring  and analytical equipment needs
                   required  to  implement the local  program.

          e.   Implement  and  enforce the approved Industrial  Waste Pretreatment  and
              NonDomestic User  Control  Program within one month  after approval  by
              the Surface Water Quality Division.
IPT-3

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     Permit No.
Page 	of
     PART I, Section B

         2.  Progress Reports

             Progress Reports shall be submitted every six  (6) months to summarize
         orogress in achieving the major compliance dates (enumerated in paragraph  1
         aoove) and projected timetable submitted by the permittee along with tne
         Master Plan.  These reports- shall include a NonOomestic User List and Major
         User List update.  The first report is due on or before ___^	•
         Progress reporting requirements shall cease with the approval of the Industrial
         Waste Pretreatment and NonDomestic User Control Program and shall be replaced
         by Compliance Reports.

         3.  Compliance Reports

             Compliance Reports shall be submitted every six (6) months to summarize
         the enforcement activities undertaken and surveillance performed by the
         permittee concerning the approved Industrial Waste Pretreatment and
         NonDomestic User Control Program.  These reports shall discuss the progress
         by the Major Users in achieving adequate pretreatment.  These reports shall
         also update the NonOomestic User List and the Major User List.  The first
         Compliance  Reports are due six months following approval of the Industrial
         Waste Pretreatment and NonDomestic User Control Program and shall continue
         for the duration of this permit.

         4.  Removal Credit

             The permittee may request a removal credit be granted from National
         Categorical Pretreatment Standards if:

              a",  consistent removal is substantiated; and

              b.  no adverse impact is created by the treatment facility discharge;
                  and

              c.  no adverse impact is created on the residuals management program.

         (For additional details and reporting requirements, see 40 CFR 403.7 and
         40 CFR 403.12 h, i, j and 1, m, n.)
IPT-4

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Permit No.  	                                  Pa9e 	 of
                                   PERMIT CONDITIONS
                                        PAST I
B.  INDUSTRIAL WASTE CONTROL PROGRAM
    1.  In  accordance with its pretreatment program approved on 	,
the permittee shall assure that pollutant discharges from nondomestic sources do not:
    a.  Cause, in whole or in part, the permittee's failure to comply with the effluent
    limitations found in Part I, Section A of this permit;
    b.  Restrict, in whole or in part, the permittee's approved Program for Effective
    Residuals Management (PERM) required by Part I, Section C of this permit;
    c.  Cause, in whole or in part, operational problems at the treatment facility or
    in its  collection system;
    d.  Exceed local limits established in accordance with the approved pretreatment
    program; or
    e.  Exceed Federal Pretreatment'Standards as identified in the Federal Pretreatrcent
    Regulations (40 CFR 403.5,  1984) and in regulations pursuant to Section 307(b) and
    (c) of the Act.
    The Department of Natural Resources retains the right to require modifications in
the approved pretreatmerrt program which are necessary to maintain the above program
capabilities.
    2.  The permittee shall not change or modify its approved pretreatment program
without prior approval of the Director.
    3.  The permittee shall develop and maintain for a minimum of three years  all
records and information resulting  from monitoring  and enforcement activities
necessary  to  determine nondomestic  user compliance with the pretreatment  standards,
local  limits, and  conditions  of the approved  program.
    4  The permittee is  required  to  submit  to  Chief of the Surface Water Quality
Division,  beginning  on   	, and annually  thereafter on
                       , a summary  report on  the status of program  implementation
and enforcement  activities.   This  report shall  contain:
    a.  A  listing  of nondomestic  users  whose  discharge  is  regulated  by  the conditions
    of the approved  pretreatment  program,  to  include:
         (1)   Additions  or deletions to  the nondomestic  user  survey,  including users
        with  significantly  increased  discharges;
         (2)   Additions  or deletions to  the list of toxic  chemicals  that  potentially
         could be discharged to the sewer;
         (3)   The names  of users with  permits or contracts for discharge;
         (4)   The names  of users audited for compliance  during the reporting  pence.
         and the status  of compliance  for each;  and

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Permit No.
Page '_	 of
PART I, Section B-4a
        (5)  The names of users which were in significant violation of applicable
        pretr°atment standards or other pretreatment requirements  during the reporting
        period, and proof of publication pursuant to 40 CFR 403.8(f )'.2)lv'-).

    b.  A summary of the enforcement actions taken and status of compliance by non-
    domestic users to include:

        (1)  Names of nondomestic users not in compliance with categorical standards
        and/or  local pretreatment discharge limitations, and

        (2)  Status of enforcement actions taken to return these facilities to comolicr

    c   A summary of any changes proposed or made to the approved program including
    changes  in  legal authority; any procedures which were previously approved by  the  .
    Department  of Natural Resources, including those used to establish local limits;
    service  areas; monitoring programs; staffing; or funding.

    5.  The  permittee shall implement the approved pretreatment program in accordance
with  the following schedule:

 (Items  listed  in this section pertain to tasks identified in program submittal
 documents.   Each item will have a date by which compliance is required anc a date by
which a report  on compliance must be submitted.)

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  Perm-it No._	                                           Pa?e 	of
                                   PERMIT CONDITIONS

                                        PART I

  C.  PROGRAM FOR EFFECTIVE RESIDUALS MANAGEMENT
      In addition to the requirements in Part II, Section C-8, herein, the permittee
  shall provide for the effective management and/or disposal of residuals, i.e.,
  solids, sludges, ash, grit and other substances removed from or resulting from
  treatment of the wastewater.  Residuals disposal shall be accomplished in such
  manner and at such locations that the disposal practices shall not result in
  unlawful pollution of the air, surface waters or ground waters of the state nor
  create nuisance conditions.  Such management and/or disposal program shall be se.
  forth in a "Program for Effective Residuals Management" prepared by the permittee.

      The program shall include:

          (1)  a management plan  (treatment, transportation, storage, disposal,
          contingency plans);

          (2)  an inventory of residuals production, storage,  and disposal for
          a period of at  least one year;

           (3)  an analysis of the  residuals;

           (4)  a monitoring program;

           (5)  if  land  application  is  proposed,  site maps,  soil  analyses,
           application  rates,  proposed  vegetation,  and  other pertinent
           information;  and

           (6)   if groundwater degradation  potential  exists, a  hydrogeologic
           study.

       The program shall be  submitted to and receive the approval  of  the  Chief of the
   Surface Water Quality Division on or before	•

       Subsequent to approval, disposal of residuals resulting  from treatment of
   wastewater shall be in accordance with the program.   If the permittee  desires to
   make any substantial changes in the program, such proposed changes shall  be
   submitted to and approved by the Chief of the Surface Water Quality Division prior
   to implementation.  Substantial changes shall include but not be limited to:  a
   change in disposal method or site; a change in treatment method; a change in
   storage method or site; a change in monitoring parameters or monitoring frequency;
   an increase in application rate; or a change in residuals quantity or characteristics
   Any residual disposal  inconsistent with the approved program shall be considerec a
   violation of this permit.
PERM

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   Permit  No.	                                           Pa9e 	of _
                                    PERMIT CONDITIONS

                                         PART I

   D.  SCHEDULE OF COMPLIANCE

       Toxic Substances Monitoring

   a.  The permittee shall submit a "Toxic Substances Monitoring Reoort" to the Chie-
   of the Surface Water Quality Division and obtain his approval thereo*, on or
   before 	-  This report shall incluae:

       (1)  The name(s) and address(es) of the laboratory or laboratories
       proposed to perform each of the chemical analyses.

       (2)  A description of the equipment and test methods proposed for the
       chemical analyses for each parameter.

       (3)  A list of  the lower level of detectability expected for each
       parameter.

       (4)  A description of the overall recovery efficiency of the prepared
       sample where  applicable.

       (5)  A description of the quality control procedures used by the
       laboratory or laboratories to  ensure reliable test results.

       (6)  A description of the sample collection point and sample collection
       procedures.

       (7)  A description of the compositing technique and equipment.

       (8)   A description of the sample preservation methods used  for  each
       parameter.

    b.  On or before  	_. the permittee  shall submit  the
    monitoring data  to the Chief of  the Surface Water Quality Division.

    c.  Following  receipt  and evaluation of  the pre-screening monitoring  data,  the
    Chief of the Surface Water  Quality Division will transmit to  the permittee  a
    Final  Analytical  List  containing an ongoing monitoring program.  The  permittee
    will  be allowed  30 days  to  object  to the terms of the  Final  Analytical  List.
    The Final Analytical List  shall  become  a permanent  and enforceable  condition
    of this permit in the  absence  of written objection  by  the permittee.
SOC(TS)

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Permit No. 	                                  Page 	 of 	

                                PERMIT CONDITIONS

                                     PART I

D.  SCHEDULE OF COMPLIANCE

    Facility Construction for Final Effluent Limitations

    In accordance with Section 301(i)(l) of the Act, it has been demonstrated
that an extension to achieve compliance with limitations under 301(b)(lHB)  or
301(b)(l)(C) should be granted.  Therefore, the following Schedule of Compliance
for achieving the final effluent limitations is established.

    The permittee shall achieve compliance with the final effluent limitations
specified in this permit for outfall	in
accordance with the following:

    a.  Submit a status report on the progress of project planning, design and
        construction at intervals not to exceed nine months beginning on
                   	 and continuing until full  compliance with the final
        effluent limitations is achieved.

    b.  Develop and submit to the Chief of the Surface  Water Quality Division for
        approval a Municipal Compliance Plan on or before ^	.
        This plan shall detail the steps the permittee  will take to meet the
        final effluent limitations.  As a minimum, the  plan shall include:

        1.   A description of the additional facilities needed to. achieve
             compliance with the final  effluent limitations and estimates for
             the costs of construction, operation and maintenance.

        2.   A detailed description of the means and schedule by which the
             permittee will  finance construction, operation,  and maintenance.

        If the Chief of the Surface Water Quality Division determines that the
        proposed plan is inadequate,  in whole or in part, the permittee shall
        within 30 days of such notification, make the necessary revisions and
        resubmit an approvable Municipal Compliance Plan.

    c.  Detailed basis of design for  facilities capable of achieving compliance
        with the final effluent limitations shall be submitted to and approved
        by the Chief of the Surface Water Quality Division on or before
    d.   Final  plans  and specifications  consistent with  the approved  Municipal
        Compliance Plan shall  be submitted to and approved by the  Chief of the
        Surface Water Quality  Division  on or before  	.

    e.   Commence construction  on or before 	.

    f.   Complete construction  on or before 	.
    g.   Facilities  shall  achieve operational  level  on  or before

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  Permit No.      	                                           Pa9e  	 cf -
                                    PERMIT CONDITIONS

                                         PART I

   D.   SCHEDULE OF COMPLIANCE

       Alternative Power Sources

   a.   The permittee shall submit an Alternative Power Source Report to the  Chief of
   the Surface Water Quality Division for approval  documenting compliance witn the
   requirements of Part II, Section C-9 (Power Failures) of tnis permit on or before
   The report shall (1) identify all essential treatment equipment and pumping
   stations utilized for transportation and treatment of wastes collected within
   the service area of the facility governed by th-'s permit, and (2) document the
   alternative power source, or other means of providing continuity of service
   during periods of power failures, for each essential item identified.

   b   If notified by the Surface Water Quality Division that the Alternative Power
   Source Report submitted by the permittee indicates a lack of adequate alternative
   power at the permittee's facilities, then the permittee shall submit to the Chief
   of  the Surface Water Quality Division an approvable plan and schedule for
   providing adequate alternative power within three (3) months after being so
   notified.  The approved plan and schedule shall become an enforceable part of
   this permit.
SOC(AH Pwr)

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    Permit'No.	                                           page 	Of

                                     PERMIT CONDITIONS

                                          PART I

    D.   SCHEDULE OF COMPLIANCE

        Hydrogeological  Report and Groundwater Monitoring Facilities

    a.   The permittee shall  prepare a hydrogeological  report consistent with the
    requirements of Rule 2207 of the General  Rules of the Water Resources Commission
    (R 323.2207) for the vicinity of the permittee's wastewater treatment and
    disposal  facilities.  The continued permitting of this discharge is contingent
    on satisfactory hydrogeological conditions at the site.. The report shall be
    submitted to and approved by the Chief of the Surface Water Quality Division on
    or before	___.

    b.   The permittee shall  prepare plans and specifications for an adequate ground-
    water monitoring system  based upon the hydrogeological report.  They shall  be
    submitted to and approved by the Chief of the Surface Water Quality Division on
    or before	.

    c.   The permittee shall  provide the groundwater monitoring system and initiate
    the sampling and analysis program specified in Part I, Section A of this permit
    on or before
SOC(GWM)

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    Permit No.	                                           Pa9e 	of 	
                                     PERMIT CONDITIONS

                                          PART I

    D.  SCHEDULE OF COMPLIANCE

        Certified Operator

    a.  The permittee shall submit a Plan to Exploy a Properly Certified Operator to
    the Chief of the Surface Water Quality Division and receive his approval on or
    before	_.  The Plan  shall set forth the shortest feasible
    schedule for securing the services of an individual to be designated as superin-
    tendent of the treatment facility as required by Rule 299.2952 of the Mi heigen
    Administrative Code and Part II, Section C-3  of this permit.

    b.  The permittee shall designate a superintendent to be in responsible charge
    of the day-to-day operation and maintenance of the treatment facility in accordance
    with the Plan approved in a. above, but in no case later than 	
PEP CO

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    Permit  No.	                                           Page 	 of
                                     PERMIT CONDITIONS

                                          PART I

    D.  SCHEDULE OF COMPLIANCE

        Written Report Required

        Within 14 days of every program requirement date specified in this permit the
    permittee shall submit a written report to the Chief of the Surface Water Quality
    Division stating whether or not the particular task was accomplished.  If the
    task was not accomplished, the report shall also include:  an explanation of the
    failure to accomplish the task, actions taken by the permittee to correct the
    situations, and an estimate of when the task will be accomplished.

        If the task requires submission of a written report and the task was
    accomplished, a separate written report is not required.
soc

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    Permit No.	                                           Page 	 of 	
                                     PERMIT CONDITIONS

                                          PART -I

    D.  SCHEDULE OF COMPLIANCE

        De-CMlorination Facility Construction or Facility Management to Achieve the
        Total Residual Chlorine Limitation

        The permittee shall provide facilities capable of limiting the Total Residual
    Chlorine concentration in accordance with the Final Effluent Limitations in Part  !,
    Section A of this permit while still maintaining compliance with the Fecal Corifonr.
    Bacteria limitation.  Such facilities and/or management practice shall be proviced
    in accordance with the following:

        a.  Submit a detailed engineering report describing the facilities and
            methods proposed to meet the Final Effluent Limitations to the
            Chief of the Surface Water Quality Division and receive his approval
            on or before	.

        b.  Submit final plans and specifications for the construction of the
            proposed facilities to the Chief of the Surface Water Quality
            Division and receive a construction permit from the Department of
            Natural Resources on or before	•

        c.  Begin construction of the proposed facilities on or before
         d.  Complete construction of the proposed facilities and place  them  in
            continuous and effective operation during periods when  chlorine  is
            being utilized in the treatment process on or before 	
SOC(dCl)

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Permit No.	                                           Page 	of 	

                                 PERMIT CONDITIONS

                                      PART II

A.  REPORTING, DEFINITIONS, AND MONITORING

1.  Reporting

    The permittee shall effectively monitor the operation of all processes comprising
the treatment and control facilities.  Monitoring data required by this permit and
other data required by the Surface Water Quality Division shall be tabulated and
sunmarized on'a calendar month basis.  Monthly reports, on forms or format supplied
by the Surface Water Quality Division, shall be mailed to the address below, post-
marked no later than the tenth (10th) of the first month following the report period.

                          Department of Natural Resources
                          Data Center
                          P.O. Box 30028
                          Lansing, Michigan  48909

2.  Definitions

a.  30-Day Average Concentration

    The 30-day average concentration other than for fecal or total coliform bacteria,
is defined as the sum of the concentrations of the individual samples divided by the
number of samples taken during a calendar month.  The 30-day average concentration
for fecal or total coliform bacteria is the geometric mean of the samples collected
in a calendar month.

b.  7-Day Average Concentration

    The 7-day average concentration other than for fecal or total coliform bacteria,
is defined as the sum of the concentrations of the "individual samples divided by
the number of samples taken during any 7 consecutive day period of a calendar month.
The 7-day average concentration for fecal or total coliform bacteria is the geometric
mean of the samples collected in any 7 consecutive day period of a calendar month.

c.  30-Day Average Load
            * ..
    The 30-day average load is defined as the sum of the weights of pollutants
discharged on sampling days divided by the number of sampling days during a calendar
month.

d.  7-Day Average Load

    The 7-day average  load  is defined as the sum of the weights of pollutants
discharged on sampling days divided by the number of sampling days during any 7
consecutive days  in a  calendar month.

e.  Maximum Concentration

    The maximum  concentration  limitation  is  defined as the permissible maximum
concentration of a  pollutant  in  any  individual  sample.

f.  Maximum  Load

    The maximum  load  limitation  is  defined  as  the oermissible maximum weioht of  a
pollutant discharged  in  any single  day.

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Permit No.       	                                           Pa9e 	of —


PART II, Section A-2


g.  24-Hour Composite Sample

    24-hour composite sample is defined as a flow proportioned composite sample
consisting of hourly or more frequent portions.

h.  Grab Sample

    Grab sample is defined as a single sample of wastewater taken at neither set
time nor flow.

i.  Nondomestic User

    A nondomestic user is defined as any discharger to the permittee's treatment
works that discharges wastes other than or in addition to water-carried wastes from
toilet, kitchen, laundry, bathing or other facilities used for household purposes.

j.  Major User

    A major user is defined as a nondomestic user that:

    (1)  discharges more than 10,000 gallons per average working day to the
         permittee's treatment works;
    (2)  discharges any toxic or hazardous materials such as, but not limited
         to,  those listed in Attachment B; or
    (3)  discharges any substance that may cause interference with the operation
         of the treatment works, and is considered to be of significance to the
         overall treatment and disposal processes.

 k.  Interference

    Interference is defined as any inhibition or disruption of the permittee's
 sewer  system, treatment process, operations, or residuals management program,
 which  may  contribute to a violation of the NPDES permit.

 1.  National  Pretreatment Standards

    National  Pretreatment Standards are defined as the regulations promulgated  by
 or  to  be promulgated by the Federal Environmental Protection  Agency pursuant  to
 Section 307(b)  and  (c) of the Act.  The standards establish nationwide  limits  for
 specific industrial  categories for discharge to Publicly Owned Treatment Works.

 m.  Pretreatment

    Pretreatment  is  defined as reducing the  amount of pollutants,  eliminating
 pollutants, or  altering the nature of  pollutant properties to a  less  harmful  state
 prior  to discharge  into a public sewer.   The  reduction or alteration  can be by
 physical,  chemical,  or biological processes, process  changes, or by other  means.
 Dilution  is not considered  pretreatment unless expressly authorized by  an
 applicable National  Pretreatment Standard for  a particular industrial  category.

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Permit No.	                                           Page	of	


PART II, Section A-2


n.  Water Quality Standards

    The Water Quality Standards are defined as Part 4 of the General Rules of the
Michigan Water Resources Commission promulgated by authority of Sections 2 and 5
of the Michigan Act.

3.  Monitoring

a.  The analytical test procedures used shall conform to the rules and regulations
promulgated under Section 304(h) of the "Act" (Title 40, Chapter 1, Subchapter D.,
Part 136-Guidelines Establishing Test Procedures for the Analysis of Pollutants).
Copies are available from the Surface Water Quality Division on request.  For
parameters not covered by the regulations, test procedures shall be approved by the
Surface Water Quality Division.

b.  The permittee shall periodically calibrate and perform maintenance procedures
on all monitoring and analytical instrumentation at intervals to ensure accuracy
of measurements.

c.  Fecal or Total Coliform analyses, at facilities using chlorine for disinfection,
shall be performed on "grab" samples collected at varying times during an operating
day.  Information derived therefrom shall be correlated with chlorine residual
levels, flow rate, and loading variations for the purpose of minimizing chlorine
use, while maintaining compliance with the effluent limitations.

4.  Recording of Results

    For each measurement or sample taken pursuant to the requirements of this permit,
the permittee shall record the following information:

    a.  the exact place, date, and time of sampling;

    b.  the dates the analyses were performed;

    c.  the person(s) who performed the analyses;

    d.  the analytical techniques or methods used; and

    e.  the results of all required analyses.

5.  Additional Monitoring by Permittee

    If  the permittee monitors  any pollutant at the location(s)  designated herein
more  frequently  than required  by this permit using approved analytical methods  as
specified above,  the results of  such monitoring shall be included  in'the calculation
and reporting of  the values  required in the Monthly Operating Report.

6.  Records Retention

    All  records  and  information  resulting  from the monitoring activities required
by this permit,  including  all  records of  analyses  performed and calibration  and
maintenance  of  instrumentation and  recordings  from  continuous mom tonng  instrumenta-
 tion, shall  be  retained  for  a  minimum of  three  (3) years or  longer if requested  by
the Surface Water Quality  Division  or the  Regional  Administrator.

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Permit No.
Page	of
PART II, Section B


B.  PERMIT PROGRAM ADMINISTRATION

1.  Michigan Water Resources Commission

    The Michigan Water Resources Conmission has been designated the authority to
administer the NPDES permit program in the State of Michigan.

2.  Regional Administrator

    Where used within this permit, the term Regional Administrator shall mean the
Administrator, Region V, U.S. Environmental Protection Agency, 230 South Dearborn
Street, Chicago, Illinois, 60604.

3.  N.P.D.E.S.

    NPOES is defined as the National Pollutant Discharge Elimination System pursuant
to  Section 402 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251
et  seq, P.L. 92-500, 95-217).

4.  Surface Water Quality Division

    The Surface Water Quality Division of the Michigan Department of Natural Resources
provides the staff for the administration of the NPDES program by the Michigan Water
Resources Commission.  Reports, notifications, and questions regarding this permit
or  the NPDES program should be addressed to the appropriate district office of tne
Surface Water Quality Division.

C.  MANAGEMENT REQUIREMENTS

1.  Change in Discharge

    All discharges authorized herein shall be consistent with  the terms and conditions
of  this permit.  The discharge of any pollutant identified in  this permit more
frequently than, or at a level in excess of that authorized, shall constitute a
violation of the permit.  Any anticipated  significant loading  increase, facility
expansions, or process modifications which will result  in new, different, or increased
discharaes of pollutants must be reported  by submission of a new  NPDES  applicadon  or,
if  such"changes will not violate the effluent  limitations specified  in  this permit,
by  notice to the Surface Water Quality Division of  such changes.  Following such
notice, the permit may be modified  to specify  and  limit any pollutants  not  previously
limited.

2.   Containment Facilities

     The permittee  shall provide  facilities approved under Act  98, Public  Acts  of
 1913, as  amended,  and  in  accordance with  the  requirements of  the  Michigan Water
 Resources  Commission Rules,  Part 5, for containment of  any  accidental  losses or
 concentrated  solutions,  acids,  alkalies,  salts,  oils, or other polluting  materials.

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Permit No.	                                           Page	of	


PART II, Section C


3.  Operator Certification

    The permittee shall have the waste treatment facilities under the direct
supervision of an operator certified by the Michigan Department of Natural Resources
as required by Regulations Governing the Certification of Sewage Treatment Works
Operators in accordance with Act 98, Public Acts of 1913, as amended (R 299.2911 -
R 299.2927).

4.  Noncompliance Notification

    If, for any reason, the permittee does not comply with or will be unable to
comply with any condition specified in this permit, the permittee shall provide the
Surface Water Quality Division and the Regional Administrator with the following
information, in writing, at the time of submittal of the monthly operating data:

    a.  a description of the circumstances and cause of noncompliance; and

    b.  the period of noncorapliance, including exact dates and times; or, if not
        corrected, the anticipated time the noncompliance is expected to continue,
        and steps being taken to reduce, eliminate and prevent recurrence of the
        noncompliance.

5.  Facilities Operation

    All waste-collection, control, treatment and disposal facilities shall be
operated in a manner consistent with the following:

    a.  "At all times, all facilities shall be operated and maintained in an
        efficient and responsible manner.

    b.  The permittee shall provide an adequate operating staff which is
        qualified to carry out the operation, maintenance and testing
        functions required to ensure compliance with this permit.

    c.  Maintenance of treatment facilities shall not result in degradation
        of effluent quality.

    d.  Under no circumstances shall the permittee allow introduction of the
        following wastes into the waste treatment system:

        (1)  Wastes which create or can create a fire or explosion hazard -
             defined as being greater than 20% of the lower explosive limit
             (LEL) for the substance.

        (2)  Wastes which create or cause corrosive structural damage.

        (3)  Wastes with pH lower than 5.0 or greater than 11.0.

         (4)  Solid or  viscous substances in amounts which cause obstructions
             to the flow in collecting or intercepting sewers or interference
             with the  proper operation of the treatment works.

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    . .  ..                                                            Page _ of _
Permit No.     _                                             3  -    -


PART II, 'Section C-5d


        (5)  Any pollutant, including oxygen demanding  substances  released
             in a discharge of such volume or strength  which causes
             interference in the treatment works.

        (6)  Heat in such amounts that biological  activity is inhibited  at
             the treatment works resulting in interference.  The discharge
             of heat must be regulated so that the temperature at the
             treatment works influent does not exceed 40°C (104QF).

6.  Adverse Impact

    The permittee shall take all reasonable steps  to minimize any adverse impact
to waters^ the state resulting from noncompl i ance with this permit.  Such steps
may include accelerated or additional monitoring as necessary to determine the
nature and impact of the noncompl i ance.

7.  By-passing or Accidental Losses

    Any diversion from or by-pass of facilities necessary to maintain compliance
with the terms and conditions of this permit is prohibited, excep t  (i) "here
unavoidable to prevent loss of life, severe property damage, extended duration
SrScess upset, or (ii) where excessive flow would damage any facilities necessary
f£ compliance with  the effluent limitations of this permit.  The permittee shall
m-nmn-Hv notifv the  Surface Water Quality Division of any such by-pass, or any
Sental ?ols o? poison Aerials bj telephone at 1-800-292-4706 .  Such notice
thai be supplemented by a written report within five  (5) days detailing  the cause
of  such  division, by-pass, or loss, and the corrective actions taken to  minimize
adverse  impacts and  eliminate the  cause for future diversion, by-pass or  loss.

8.  Waste  Treatment  Residues

    Solids  sludges, ashes, filter backwash,  scrubber  water,  or other pollutants
 result  ng  from the treatment  or control  of  wastewaters  shall  be disposed  in  an
 SvironmlntaVly compatible manner.   Such  disposal  shall not result  in degradation
 of anTsurface waters  or groundwaters^of  the  state.  Additional monitoring may  be
 required to  confirm  the  adequacy of  disposal.

 9.   Power  Failures

     In order to maintain compliance  with the effluent  limitations  and prevent
 unauthorized discharges  the permittee shall:

     a   provide alternative power or equipment sufficient to operate essential
         facilities  utilized by permittee to comply with this permit in  accordance
         with Design Criteria for Mechanical, Electric, and Fluid System and
         Component Reliability published by the Federal Environmental Protection
         Agency (EPA - 430-99-74-001), or
     b   upon the reduction, loss, or failure of one or more of the
         sources of power to facilities utilized by the permittee to maintain
         compliance with this permit, the permittee shall halt, reduce or
         otherwise control  all discharges in order to maintain compliance with
         the effluent  limitations and conditions of this permit.

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Permit No.	                                           Page 	of	


PART II, SEction D


D. 'RESPONSIBILITIES

1.  Right of Entry

    The permittee shall allow the Michigan Water Resources Commission, the Regional
Administrator and/or their authorized representatives, upon presentation of
credentials:

    a.  to enter upon the permittee's premises where an effluent source is
        located or in which any records are required to be kept under the
        terms and conditions of this permit; and

    b.  at reasonable times to have access to and copy any records required
        to be kept under the terms and conditions of this- permit; to inspect
        any monitoring equipment or monitoring method required in this permit;
        and to sample any discharge of pollutants.

2.  Transfer of Ownership or Control

    In the event of any change in control or ownership of facilities from which
the authorized discharge emanates, the permittee shall notify the succeeding owner
or controller of the existence of this permit by letter, a copy of which shall be
forwarded to the Surface Water Quality Division and the Regional Administrator
30 days prior to the actual transfer of control or ownership.

3.  Availability of Reports

    All reports prepared in accordance with the terms of this permit shall be
available for public inspection at the offices of the Surface Water Quality Division
and the Regional Administrator.  As required by the Act, effluent data shall not be
considered  confidential.  Knowingly making any false  statement on any such report
may result  in the  imposition of criminal  penalties as provided for in Section 309 of
the Act,  Sections  7 and 10 of  the Michigan Act, and Sections 8 and 13 of Act 98,
Public Acts of  1913, as amended.

4.  Permit  Modification

    After notice  and opportunity for a hearing, this  permit may be modified,
suspended,  or revoked  in whole or  in part during  its  term for cause including, but
not limited to, the following:

    a.  violation  of any terms or  conditions of this  permit;

    b.  obtaining  this  permit  by misrepresentation  or failure to  disclose
         fully  all  relevant  facts;

    c.   a change  in any condition  that  requires either  a  temporary or permanent
         reduction or  elimination  of  the  authorized  discharge; or

     d   the establishment  of a toxic effluent  standard  or prohibition  under
         Section 307(a) of  the Act  more  stringent  than any limitation  in  this
         permi t.

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Permit No.	.                                                 Pa9* 	of 	


PART II, Section D


5.  Civil and Criminal Liability

    Except as provided in permit conditions on "By-passing" (Part II, C-7), nothing
in this permit shall be construed to relieve the permittee from civil or criminal
penalties for noncompllance.

6.  Property Rights

    The issuance of this permit does not convey any property rights in either real
or personal property, or any exclusive privileges,  nor does it authorize any injury
to private property or any invasion of personal rights, nor infringement of Federal,
State or local laws or regulations.

7.  Facility Construction

    This permit does not authorize or approve the construction or modification of
any physical structures or facilities.  Approval for such construction must be by
permit issued under Act 98, Public Acts of 1913, as amended.

8.  Severability

    The provisions of this permit are severable, and if any provision of this permit,
or the application of any provision of this permit to any circumstances, is held
invalid, the application of such provision to other circumstances, and the remainder
of this permit, shall not be affected thereby.

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                                                            Permit No. 	


                                    MIXING ZONE



           Facility:



Outfall Number               Receiving Stream             Discharge Location
For toxic pollutants, the volume of receiving water used in assuring that effluent
limitations are sufficiently stringent to meet Water Quality Standards is 25% of
the design flow of the receiving stream.

For other pollutants, the volume of receiving water used in assuring that effluent
limitations are sufficiently stringent to meet Water Quality Standards is the
design flow of the receiving stream.

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                    Personal Computer Program
         to Develop Secondary Redefinition Permit Limits


     The Office of Water Enforcement and Permits, through its
contractor, SAIC/JRB Associates, has developed a computer program
for secondary redefinition to be run under dBase III® software
as a tool for permit writers.  The program uses monthly effluent
records (e.g. DMR data) for BOD and TSS inputed by the user to
generate recommended effluent limits for trickling filter or
lagoon treatment systems.  The program is "user friendly' onu
provides warning statements under certain conditions (too few
data entries, upper limit of 45mg/i BOD or TSS is exceeded).  By
using the computer, the effluent limits calculation (95th percencile
value) explained in the Technical Support Document for Secondary.
Redefinition-Part 133, can be accomplished quickly and accurately.
The program will also calculate Alternative State Requirement (ASR)
limits. In addition file data can be stored for comparison with other
treatment plants.  A user manual for the program is available.  The
specific ADP equipment requirements for the effluent limits program
are as follows.

Software - dBase III®

Hardware - IBM PC (XT, AT) or compatible
           256K internal RAM (minimum)

Maximum input file storage spaoe (size)

         - limit of one 360K diskette is 75 POTWs assuming 24 months
           of data per POTW
Comments/Questions - Greg McBrien / Chuck Prorok  (202) 475-9527
                     OWEP - EPA Headquarters, Washington, D.C. 20460

                   - Steve Mitchell  (703) 734-2584
                     SAIC/JRB Associates, McLean, VA 22102
User Manual/Program
Requests
                   - Chuck Prorok
                     Municipal Programs Branch (EN-336)
                     Permits Division
                     U.S. EPA Headquarters
                     TOJ. M. Street, S.W.
                     Washington, D.C. 20450

Please submit a blank, formatted 360K diskette (soft sectored/double

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 U.S.  Environmental  Protection Agency
       Washington, B.C.   20460
    GENERAL PERMIT PROGRAM GUIDANCE

                 Draft-
Office of Water Enforcement and Permits

       Permits 'H-'lsion (EN-336)



             November 1985

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                        TABLE OF CONTENTS

                                                     Page No.
PREFACE
CHAPTER 1: BACKGROUND

     NPDES Permit Program                               1
     Uses of General Permits                            2
     General Permits v. Individual Permits              3
CHAPTER 2: LEGAL FRAMEWORK

     Recognition by the Courts                          5
     History of the Regulations                         5
     Coverage under Existing Regulations                7
     Administration of General Permits                  8
     Other Regulatory Provisions Governing
       General Permits                                  9
CHAPTER 3: PROCESS

     Identification of Suitable Class or category      11
     Permit Development                                14
     Relationship to Water Quality Standards           15
     Special Considerations                            17
     Issuance and Promulgation of General Permits      17
     Notice of Intent to be Covered under a
       General Permit                                  20
     Variances and General Permits                     22
     State Role in Development and Oversight           22
     EPA Regional Office Role in Development
       and Oversight                                   23
     EPA Headquarters Role in Development and
       Oversight                                       23
     Continuation of a General Permit                  26
CHAPTER 4: EXPERIENCE

     Benefits and Limitations of General Permits       28
     General Permits Covering Storm Water
       Point Sources                                   29
     Existing General Permits                          30
     Examples of Existing General Permits              31

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                   TABLE OF CONTENTS (continued)


                                                     Page No.


CHAPTER 5: STATE PROGRAM APPROVAL PROCEDURES

     General                         .                  33
     Review of State Statutory Provisions              35
     Review of Ststs ?.eguiar.ory Acquirements           35
     Modification of State Program                     36


APPENDIX A - Federal Register Publication Requirements for
             Draft'and Final NPDES General Permits

APPENDIX B - EPA Headquarters' Procedures for the Review of
             Draft and Final NPDES General Permits

             General Permitting Strategy for Outer Continental
             Shelf Oil and Gas Activities Under EPA/MMS MOU

APPENDIX C - Continuance of EPA-Issued General Permits
             Under the Administrative Procedure Act

APPENDIX D - Existing General Permits

APPENDIX E - Supplemental Attorney General's Statement

APPENDIX F - Modified Memorandum of Agreement

APPENDIX G - General Permit Regulations

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                GENERAL PERMIT PROGRAM GUIDANCE


PREFACE
     This guidance document is intended to:
1) demonstrate the benefits of general permits as an administrative
   mechanism to assist permitting authorities to meet nhe goals
   of  the Clean Water Act and to regulate  numerous discharges in
   similar, but not necessarily identical, circumstances;
2) assist permitting authorities that currently have general
   permit authority in the development and issuance of general
   permits;
3) assist those States currently approved  to  administer  the
   basic NPDES  permit  program to obtain general permit  authority;
   and
4) identify  the general  permits  that  have  been developed by  both
   EPA Regions  and approved  States.


Organization
      The following chapters  discuss  the  background and  history
 of the general permit program (Chapter 1), review the evolution
 of the general permit program in terms of its legal framework
 (Chapter 2), explain the process for developing and issuing a
 ge-neral permit (Chapter 3),  examine EPA and the States' experience
 in the development and  issuance of general permits (Chapter 4),
 and detail the process  for assumption by  a State of general
 Derrriit  authority  (Chapter 5).
                                -i-

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Appendices



     This guidance also provides several appendices that should



orove useful as reference materials.  Appendix A details Federal



Register publication requirements for EPA-issued draft and final



"IP^ES general r^nits .  Appendix B furnishes EPA Headquarters'



procedures for the review of draft and final general permits.



\ppendix C discusses the continuation of EPA-issued general



permits.  \ppendix D lists all the existing general permits that



EPA Headquarters has on file for use as model general permits.



Appendices E and F provide copies of a supplemental Attorney



General's Statement and a modified Memorandum of Agreement as



examples of how a State NPDES program may be modified to obtain



general permit authority.  Appendix G contains the actual NPDES



general permit provisions.

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                             CHAPTER 1



                             BACKGROUND








NPDES Permit  Program



     The National Pollutant  Discharge Elimination  System (NPDES)



^err.^- prsgr-n,  -st-ic'li^hed  .-y  Congress  in  1972,  is  sdmiristered



primarily by  States, after t^.eir authority  and  ability  to manage



the  NPDES permit program have been  reviewed and approved by EPA,



pursuant to Section 402 of the  Clean Water  Act.   In  addition to



the  basic NPDES  permit program, States are  also required to assume



responsibilty Cor the regulation of discharges  from  Federal »



facilities and the establishment of pretreatment  programs.  To



date, 37 States  and Territories (out of  a possible 56)  have



received authorization to administer the basic  NPDES permit



program.  Of  those 37, 28 have  been approved  to regulate Federal



facilities and 22 have approved State pretreatment programs.



     In 1979, EPA promulgated revisions  to  the  NPOES permit



program regulations.  These  revisions were  mainly  in response to



the  1977 Clsan Water Act amendments, but also created a class of



permits called-general permits.  Under the  general permit program,



one permit may be issued to  cover a class or  category of similar



dischargers in a defined geographic area with similar effluent



limitations.



     As with  pretreatment and Federal facilities  irequired NPDES



^err.it ?rc5ri.r. 2l2r.er.t3). a  ^'•.a'ltj seeking general  p-ar"ut authority



must either request modification of its  approved  N'PCSS  permit



^r^rr^™ T include its reauest  for  aeneral  nermit  authority as a






                               -1-

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                               -2-





part of a concurrent request for NPDES authority.  However,



unlike pretreatment and Federal facilities authority, there is



no requirement that an NPDES State seek general permit authority;



it is an optional program element.



     General permit authority enables the State to issue one



permit coverinc a similar class or category of dischargers within



specified Geographic boundaries.  A general permit applies the



same or similar effluent limitations and control measures to all



dischargers covered under the general permit.  To date, 8 States



(Colorado, Illinois, Kentucky, Montana, New Jersey, Oregon, Rhode



Island, and West Virginia) have general permit authority.








Uses o€ General Permits



     Permitting authorities approved to issue general permits



have used general permits to reduce their permit issuance backlogs.



General pernits can be written to cover lar^e classes or categories



of similar dischargers, thereby substantially reducing permit



issuance backlogs.  In addition, general permits can be used to



cover dischargers that have been previously unp«rmitted due to



resource constraints.  By covering numerous dischargers under



one general permit, the permitting authority can avoid much of



the time and burden that issuing individual permits to each



discharger would  involve.  Permit application costs and paperwork



burdens for dischargers covered under the general permit are



also reduced.  Dischargers covered under a general permit do not



need ,3 ~or.dY:ct time-consuming and costly sampling and analysis



associated with individual permit applications.

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                               -3-





     Z?A is currently involved in rulemakirag on the issue of



permitting storm water point sources.  Estimates of storm



water point sources not already covered by existing permits are



one million and higher and both EPA Regions and NPDES States



have expressed concern over the resources needed to permit storm



wacer ^oi.ic sources.  On August 29, 1935, ZPA promulgated a final



rule thac extended the deadline for submission of storm water



permit applications to December 31, 1987, for Group I dischargers



and to June 30, 1989, for Group II dischargers.  However, these



deadlines apply only to those storm water dischargers located in



States where EPA- is the permit issuing authority.  The general



permit program can serve as one means to handle the vast numbers



of storm water point sources needing permits.  Early in the



history of the general permit program, storn water sewers were



identified as ideal candidates for coverage under general permits.



Because EPA cannot issue general permits covering dischargers in



those States with NPDES authority, States that currently do not



have general permit authority are strongly encouraged to seek



such authority in order to deal with the numbers of storm water



permit applications expected in the next few years.








General Permits v. Individual Permits



     A general permit is the equivalent of an individual NPDES



permit.  A general permit is identical to an individual permit



regarding affluent limitations, water quality standards, monitoring



and sampling requirements, and enforceaoiI icy.  The only difference



"r^TT. "hs r^r—.:•.*: vri':eJi"ls standpoint is that a general oermit

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                               -4-






covers several point sources.  Thus, general permits are fashioned



just as individual permits with monitoring and inspection and



recordkeeping requirements.  Good general permits are no less



effective than individual permits; they simply cover more iaan



one discharoer.

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                            CHAPTER 2
                         LEGAL FRAMEWORK

Recognition by the Courts
     There is no specific provision in the Clean Water Act defining
tfPDES general permits.  The st^cutsry authcri-.y for regulating a
group of sources with similar discharges under one permit was
first recognized in NRDC v. Train (396 F.Supp. 1393 (D.D.C.
1975)); affd., NRDC v. Costle, 568 F.2d 1369 (D.C. Cir. 1977)).
That decision required EPA to develop and administer a permit
program for all point sources in the feedlot, separate storm
sewer, agriculture and silviculture categories.  EPA had previously
exempted these discharges from the requirement of applying for
and obtaining an NPDES permit.  The court held that once a discharge
is identified as a point source it cannot be excluded from coverage
under the NPDES program.  The court went on to state that EPA
could make use of administrative devices, such as "area permits,"
in appropriate circumstances to make the program more flexible
and administratively manageable.  396 F.Supp. at 1402.  Following
this decision EPA promulgated regulations to implement  this
device, calling it the general permit program.

History of the Regulations
     EPA first proposed general permit regulations (February 4,
1377, 42 ??. 5245) that •Jculd have limited the scone of  the general
permit program to irrigation return Clows (later exempted  from
                               -5-

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                               -6-






r'r.a requirements of Section 402 of the Clean Water  .\ct by  -ne



1977 amendments) and separate storm sewers.  The final regulations,



published on'June ~!, 1979  (44 FR 32854) and codified at 40 CFR



§122.48 (1980), expanded the coverage of the general perrnic



program to include other categories of minor point  sources, in



acdi^^cn to separata seem sewers, wit.iin a ^esignacac '-sneral



permit program area" or "gppa".  A "gppa" had to correspond to



existing geographic or political boundaries such as designated



planning areas under Sections 208 and 303 of the Clean Water



Act, sewer districts, city, county or State boundaries, State



highway systems, -standard metropolitan statistical  areas,  or



urbanized areas.  Categories of point sources falling within a



gppa that involved similar operations, discharged the same type



of wastes, had similar monitoring-requirements and  the same



effluent limitations were eligible for general permit coverage,



if, in the opinion of the EPA Regional Administrator or State



Director, such coverage was appropriate.



     When the NPDES regulations were consolidated in 1980, tne



general permit provisions were reorganized and rewritten (at 40



CFR §122.59, 1981) to clarify questions relating to the program



and to make minor changes.  The designation of a "general  permit



program area" was abandoned since it served no purpose which



could not be satisfied by simply specifying in the  permit  the



geographic or political boundaries covered.  Secondly- while



pravicusl/ the  "gppa" could be redefined if necessary to address



differing *acer quality standards, the new regulations clarified



that the aeneral oermit could be modified for any of the causes

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                               -7-
that applied to individual permits  (e.g.,  receipt o£ information
indicating unacceptable cumulative  impacts).  Other minor changes
to the'permit program included:  1)  shortening EPA Headquarters
review of I?A-issued draft general  permits from 90 days -.0 30
days; 2) clarifying that a discharger's coverage under a general
permit automatically terminates  on  the effective -late cc an
individual permit; and 3) removing  the requirement of on-site
inspections prior to revoking a  general permit anc requiring the
discharger to acquire an individual permit.
     The consolidated permit regulations made one important
substantive change.  The sources other than separate storm sewers
for which a general permit could be written would no longer  be
limited  to  "minor"  sources so long as  the general permit  covers
sources  involving similar types of operations, having  the sane
wastes,  effluent  limitations and operating  conditions  and similar
monitoring  requirements, and which would  be more  appropriately
regulated  under a general permit.   [Note:  in  the  April 1, 1983
de-consolidation  of  EPA  permit programs,  the  word "minor" was
inadvertently reinserted into 40 CFR  §122.28  and  subsequently
published  in  the  July  1, 1984 publication of  40  CFR Parts 100  to
149.   This error  was corrected  in  a February  19,  1985  federal
Register notice  at  50  FR 6940.]

Coverage under Existing Regulations
      When the regulations were  deconsolidated on April 1, 1983,
 the general permit provisions rules were recodified at 40 CFR
 §122.28 without change.  Section 122.28U), which sets forth the

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                                -6-

=ppropriate coverage for a general permit, states  that a general
permit shall correspond to existing geographical or political
boundaries, and specifies the types of sources  that may be regulated
by a general permit.  Thus general permits may  be  issued to separate
storm sewers, or to other sources if such sources  involve similar
cypes of operations/ discharge tha sane types of wastes, recu'.re
che same effluent limitations or operating conditions, require
similar monitoring, and, in the opinion of the  Regional Administrator
or State Director, are more appropriately controlled under a general
permit than under individual permits.   These criteria are discussed
in detail in Chapter 3.


Administration of General Permits
     Section 122.28(b) addresses the administration of general
permits beyond the issuance, modification, revocation", reissuance
and termination provisions in Part 124 applicable  to all permits.
Section 122.28(b) allows the EPA Regional Administrator or State
Director to require, on his own initiative or in response to a
petition by any interested party, any discharger otherwise eligible
for coverage under a general permit to obtain an individual permit.
Some of the reasons for which an individual permit may be required
are:  failure to comply with the conditions of  the general permit;
a change in the availability of pollution control  technology;
promulgation of an applicable effluent guideline;  approval of an
applicable Water Quality Management Plan; failure  to meet the
criteria in §122.28(a) regarding sources appropriate for coverage
ander a aeneral oermit; or a determination that the source is a  -
ji^nir _cane  j.oncnoucor jc _>oj._ucanes .

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                               -Q-
     The EPA Regional Administrator may require = discharger covered



by an EPA-issued general permit to apply for an individual permit



as described above only after providing the owner/operator with a



written notice that a permit application is required, containing -.



brief statement of the reasons for requiring an individual permit.



an NPDES application for-a, a statement setting tne time : or the



filing of the application (the Regional Administrator may grant



additional time), and a statement that on the effective date of



the individual permit the general permit will cease to apply to



the permittee.  (See 40 CFR §122.28(b)(2)(ii).)



     A discharger excluded from coverage under a general permit



solely because it is already covered under an individual permit



may request that the individual permit be revoked, and that it



be covered by the general permit.  Upon revocation of the individual



permit, the general permit applies to the source.  Revocation of



an individual permit must follow public notice and comment procedures.



(See 40 CFR §122.28(b)(2)(iii).)







Other Regulatory Provisions Governing General Permits



     If an NPDES State is proposing to issue a general permit,



40 CFR §123.43 requires the State to send a copy of the draft



or proposed general permit, except those for storm water sewers,



to both the EPA Regional Office and the Director, Office of



Water Enforcement and Permits, EPA Headquarters.  40 CFR §123.44



allows SPA 90 days from receipt of the proposed aeneral permit



to comment on, object to or make recommendations regarding the



oroposed general permit.

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                               -10-





     If ErA is issuing  the general permit, 40 CFR 5124.53 sets



forth special procedures for internal EPA review.  The EPA Regional



Administrator is required to send a copy of the draft general



permit and the administrative record to the Director, Office of



Water Enforcement and Permits during the comment period.  The



Office oc water Zniorc^r.ent and Pennies has 30 days or uncii r.he



end of the puolic comment period, whichever is later, to comment



upon, object to, or make recommendations with respect to the



draft general permit.   If -the Office of Water Enforcement and



Permits objects to a draft general permit within the review



period, the Regional Administrator cannot issue the final general



permit until the Office of Water Enforcement and Permits concurs



in writing with the conditions of the general permit.



     Normally a formal  evidentiary hearing"is available to any



person wishing to challenge any EPA-issued NPDES permit.  However,
                                               *


since general permits are rulemakings, 40 CFR §124.71 provides



that persons affected by ah EPA-issued general permit must either



challenge the general permit in the appellate courts or apply for



an individual NPDES permit.  In addition, 40 CFR §124.Ill{a)(3)



provides the option to  the Regional Administrator to use non-



adversary panel procedures to process draft general permits.

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                           CHAPTER  3
                            PROCESS

 Identification of  Suitable Class or Category
      The  first step  in  the development of  a general permit  is  to
 identify  a class or  category  of dischargers meeting the  criteria
 of  §122.23.   (As noted  in  Chapter  2, general  permits  need no
 longer  be issued to  cover  only "minor" discharges.)   The  five
 criteria  Cor  general permits  contained in  §122.28 must be met .
 before  a  general permit  can be developed:

 1.    Involve  the same or substantially similar  types  of  operations
      Any  category  or subcategory of dischargers  is eligible for
 coverage  under a general permit provided that all dischargers
 Hfithin  the permitted category or subcategory  involve  similar
.types of  operations.  Examples of  clasrses  or  categories  of dischargers
 that  have  been covered under  general permits  are offshore oil
 and gas exploration, development,  and production facilities;
 concentrated  animal  feedlots; non-contact  cooling water;  hydrostatic
 testing of petroleum pipelines; and seafood processing.  These
 are just  some  examples of  facilities that  can be covered  by a
 general permit; this list  is  not exhaustive.  As mentioned above,
 coverage  of storm water point sources by general permits  is also
 appropriate.

 2.    Discharge  the same types of wastes
     Once  a class or category of dischargers  has been identified
                               -11-

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the similarity of waste streams.. Although the regulations state



that facilities must discharge the 'same types of wastes" to be



covered under a general permit, EPA's experience with the development



of general permits has shown that dischargers need not have




identical waste streams.







3.   Require the same effluent limitations or operating conditions



     Again, it has been EPA's experience that the effluent limitations



or operating conditions need not be identical.  Permit writers



should be careful when water quality-limited or special use



streams are involved.  The general permit can be fine-tuned with



requirements that ensure that State water quality standards are



not exceeded, or that facilities discharging to water quality-limited



or special use streams are excluded from coverage under  the



general permit.



     For discharges outside the baseline of  the territorial seas,



Section 403(c) of the Clean Water Act mandates that Ocean Discharge



Criteria Evaluations  (ODCEs) be performed.   The ODCE specifies



limitations that must be addressed in the general permit.  Just



as a general permit must incorporate those special limits detailed



in an ODCE, so also must Areas of Biological Concern  (ABCs) identified



by the Regional Administrator  in accordance  with  the criteria set



forth in 40 CFR §125.122(a)(1) through  (10)  be addressed  in the



general permit for areas in and beyond  the territorial seas.  In



either case,  these special  limitations  may not affect  the  entire



geographical  area to  be  covered by the  general permit  and  do  not



oreclude  issuing  a general  permit  to a  large class or  category

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                               -13-
of facilities, but the general permit would have to incorporate
conditions such that facilities operating in either ABCs or
affected by the findings of the ODCE would comply with any special
limitations.

4.   squire  the same or similar monitoring
     Again, the benchmark  is  that similar, not  identical, monitoring
requirements  would  be required of all the  facilities to be covered
under  the  general permit.  The general permit can  also  be structured
to require different monitoring procedures for  different sized
facilities within the same class  or category of dischargers.   For
example,  facilities with  a certain  volume  of effluent would  be
 required  to monitor more  frequently than small  facilities  (perhaps
daily, while  smaller  facilities  would employ monthly monitoring)
.and/or employ different 'monitoring  methods  (e.g.,  continuous
monitoring v. grab  samples).  As mentioned above,  the general
 permit can also accommodate special conditions required by ODCEs
 or for ABCs.  It is possible to tailor the  general permit with
 specific  conditions so that  a facility that does  not have a
 certain waste stream would not need- to monitor and report for
  that waste stream.  For example, a  general  permit covering petroleum
  storage and  transfer facilities might include  requirements  for
  discharges  from  truck  washing and  tank  loading area  runoff.
  However,  if  a facility does  not  have  these  discnarges  it  would
  still be  covered by  the  general  permit,  but the specific  requirement:
  for truck washing  and  tank  loading would  not apply.   The  facility
  would only comply  with those monitoring requirements of the

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                               -14-


     Anccner example .Tiicnt ce a qene.ral per^.ii covering both

dewatering activities and hydrostatic testing of pipelines, both

of which can occur during pipeline construction.  If a facility

has both operations, the entire monitoring requirements cf the

general permit would apply.  If a facility only has one of the

two operations, then onj./ -hose -onitoring requirements specific

to that type of- operation would apply.



5.   Discharges are more appropriately controlled under a general
     permit

     The permitting authority must determine the suitability of

coverage under the general permit by examining the significance

of the discharges, pollutant levels, cumulative impacts on the

receiving water(s), etc.  The EPA Regional Administrator or a

MPDES Stats Director must then state that, in his or her opinion,

the discharges are more appropriately controlled under a general

permit rather than an individual permit.  This statement must

appear in the fact sheet accompanying the permit and an opportunity

for public comment on the suitability of covering such dischargers

under a general permit must be provided.



Permit Development

     Once the five criteria discussed above are met, the actual

development cf the general permit can proceed just as for any

individual permit.  The permit writer should first apply any

appropriate effluent limitations guideline(s).  In the aosence of

an effluent limitations guideline, the permit writer should use

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                               -15-
limits and conditions.   The NPDES  regulations,  at 40  CFR 125.3,
require that permits  developed  on  a BPJ basis must consider the
appropriate technology  for the  category of point sources,  based
upon all available information, and any unique  factors relating  to
the applicant^).  In s^f.ir.g 3PJ  limitations,  the permit writer
must consider several specific  factors.  These  factors are also
thoss required tc be considered in the development cf effluent
limitations guidelines, and therefore, are often referred to as
the "304(b)" factors (see 40 CFR 125.3).
     References  (data sources,  tools, etc.) for BPJ determinations
are numerous and voluminous.   Examples of BPJ tools available to
the permit- writer are abstracts of industrial NPDES permits,
treatability manuals, guidance documents, toxicity reduction
evaluations for  selected  industries,  industry experts within
                                       *
EPA, effluent guidelines  information  (including  Section 308
questionnaires,  screening  and  verification data,  development
documents,  etc.), as well  as technical  journals  and  books.

Relationship  to  Water  Quality  Standards
      The  permit  writer must also  address  whether the appropriate
effluent  limitation  guideline  or  BPJ  determination will  ensure
 that  State water quality standards are met.  EPA has published
-nethods for establishing effluent limitations  for all "point source
 discharges based on water quality standards  (e.g., wasteload
 allocations).   Any  NPDES permit must ensure  that State water
 quality standards are met at the  edge of the mixing zone.  This


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                                io-
receiving water bodies involved within the geographic area of the
general permit.  A general permit can be subdivided, or several
general permits can be issued, where there is a need to meet
varying water quality standards.  In addition, individual permits
can be required of dischargers with existing water quality-based
limitations, dischargers that cause exceedenoes oc water quality
standards, or dischargers into receiving waters known or suspected
of failing to meet their designated use(s) due to point source
impacts.
     State water quality standards are comprised of use classifi-
cations and narrative and/or  numerical standards.  In most cases,
a State numerical water quality standard can be used that employs"
a national water quality criterion, although the State standard
may differ from a national criterion because of prevailing local
natural conditions, the importance of a particular receiving
waterbody, economic considerations, or the degree of safety  that
may be desired for a  particular ecosystem.
     Where numerical  values adequate to protect a designated use
have not  been  derived, the State may also establish narrative
criteria.  Where narrative criteria are adopted,  the State must
indicate  how  it will  implement  the standard, e.g.,  through periodic
field  sampling of  the habitat or bioassays of  the effluent (acute
and chronic  toxicity  testing) during  the  water quality standards
approval  process.
      In  some  instances, criteria may be used  to help  interpret  a
narrative standard.   For  example,  a  State may  specify  as  a
narrative standard  that all waters shall  not  be toxic  to  aquatic

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                                -17-





 life  or  human  health.   In  the  absence  of  any  Stats  numerical



 standards  for  toxics,  the  national criteria may  be  used  to deEine



 expected levels  of  toxicity.



      Ensuring  that  water quality standards are me^  can present



 some  challenges  to  the  permit  writer.  However,  there are  several



 ways  in  which  tnis  can  be  done.  A narrative  scacemenc requiring



 compliance with  water quality  standards can be part  of the  general



 permit.  In addition, a NOI requesting information about the



 receiving water  body can be used to determine if general permit



 coverage is appropriate and if water quality  standards will be



 met by the particular discharger.  Another approach  would  be  to



 use statewide  numerical limits as applicable  or  limits for  a



 particular water body or group of receiving waters  (e.g./  all



 State waters classified with a particular use designation).



 Other methods, such as  BMPs, are also available.







 Special Considerations



    Any special conditions mandated by an ODCE or ABC requirements



 should be included  in the  general permit.  As discussed above,



 the permit writer has.the  latitude to fashion the general permit



 to cover varying operations, wastes, effluent limitations and



 operating conditions, and monitoring requirements.







 Issuance and Promulgation of General Permits



     Once a tentative decision has been made to issue a general



permit, the permit writer develops a draft general permit incor-



porating the necessary terms and conditions.   When the draft

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                               -18-
general permit and accompanying fact sheet have been prepared,
public notice must be given in publications of general circulation
(e.g., statewide newspapers, or in the case -f E?A-issued general
permits, in the Federal Register).
     On Novemoer 3,  1983, che Office of Management ar.ci Budge-:
waived review of EPA-issued general permits.  This has greatly
reduced the review time for EPA-issued general permits.  Appendix
A contains a memorandum of January 16, 1984, providing boilerplate
language that should be included in all draft and final EPA-issued
general permits.  EP^ Regional Offices should adhere closely to
these requirements in preparing draft and final general permits. -
to avoid unnecessary delays in publication in the Federal Register.
     Since general permits are considered to be rulemakings,
EPA's issuance and promulgation activities must be conducted in
accordance with the  Administrative Procedure Act  (APA) (5 U.S.C.
551 et seq.).  NPDES States are, of course, bound by the strictures
of their statutes governing State rulemaking, licensing, and
adjudicatory proceedings.  In some States, for instance, this
has meant  that  in addition to providing public notice  of a draft
general permit  in a  statewide newspaper, the draft general permit
must also  be published  in a State Administrative  Register or
Bulletin.
     The permitting  authority must ensure that there is adequate
public  notice of  the availability of  the draft general permit
and all supporting materials  (e.g., the fact sheet)  in the admin-
istrative  record,  including all ODCE  and ABC supporting materials.

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                            _  -19-
re-iew by the public.   In addition,  the peCT.it -riter must ensure
that there is opportunity for effective public comment, including
a public hearing, if appropriate.
     After the close of the comment period on the draft general
permit, all comments received must be evaluated and, where
jignifi=ant, *ust oe responded to, with any necessary -hanges
made to the general permit.  Because the fact sheet represents
the original intent in developing the general permit, EPA recommends
that no changes  to  the original  fact sheet be made.  Any necessary
changes to  the permit  in order to respond to comments  received
can be discussed  in an addendum  to the  fact  sheet  (commonly  called
a Response  to Comments).  Any such response  to comments should
 include a citation  to  that part  of the  final general permit
changed  in  response to the comment.  Any comments  on the draft
general permit  deemed  to be  of an insignificant  nature can  be
 responded to in a letter to  the  commenter without  reference  ir.
 the  final permit, although  this  is  not required  under  40  CFR 124.17.
 It  is  also  imperative  that  permit writers maintain complete
 files  on  all comments  received during-the  public comment period
 in  order  to respond to any  challenge to the  general permit.
      At the time of the  final promulgation of the general permit,
 the  effective date and expiration date of  the general  permit must
 be  explicitly stated.   Section 553(d)  of the APA requires
 publication of a substantive rule not less than 30 days before
 its effective date.  The purpose of this requirement  Is to  allow
 permittees sufficient lead time  to prepare to comply with new
 —.— 'a-cr-  r-cuir-re-ts-  Section 552(dHU of  the APA provides
 an exemption from  the requirement to delay the  effective dace

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                               -20-




of a promulgated  regulation  for  30 days  in  instances where  the


regulation will relieve  restrictions  on  the  regulated  community.


The final permit  should  be published  in  the  same manner  as  the


original draft permit  and must be signed by  the EPA Regional


Administrator, State Director, or their  designees.  Only  the


final oeneral permit and any resoonse  to comments need be publisher!


(see 40 CFR 124.17) .





Notice of Intent  to be Covered Under  a General Permit


     The general  permit  regulations do not specifically address


the issue of how  a potential permittee is to apply to  be  covered


under a general permit.  EPA and States  have generally incorporated


permit conditions that either reguire potential permittees  to


notify the permit authority  that they  intend to comply with the


general permit or that they dx> not wish  to be covered  by  the
                             •

general permit and wish  an individual permit.  Another approach


would be to cover all dischargers engaged in an activity  regulated


by the general permit unless a discharger specifically wishes


not to be covered and requests an individual permit.   In  the


latter case, there  is no clear accounting for the numbers of


permittees covered by the general permit nor an identification


of those permittees.  EPA-issued general permits have  generally


required that those permittees wishing to be covered must notify


the permitting authority within a specified  time to be eligible


for coverage.  This notification requirement is commonly  called


a Notice of Intent  {NOT).


     EPA recommends the use of NOIs to ensure that the permitting

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                               -21-
location.  Depending upon cae condicicns established ia the -ener-
permit, a discharger who submits an NOI may not be automatically
covered under the general permit.  The permitting authority may wish
to screen all NOIs received and either notify those dischargers
accepted for coverage under the general permit or only notify
chose.dischargers denied coverage.  The NOI requirement can
provide  certainty to permittees  that they are covered oy the
general  permit  and also allows  them to notify the permitting
authority  should  they wish an  individual permit.
      The general  permit should  detail  the  information to be
provided by the permittee  in  the NOI.   In  most  instances,  the
NOI  requires the  name,  address,  and telephone number  of  the
permit applicant, location of  the facility (preferably  in  latitude
and  longitude), the  responsible on-site  official,  and the  name
of the receiving  water.  Other items  that might be required  in
an NOI could include a  justification  for coverage under the
general permit, seasonal or  locational (mobile facilities) discharge
 notifications or topographic maps and/or schematic drawings  of
 the  facility.  The information required in the NOI should be
 tailored to the requirements of the permitting authority and  the
 nature of the  category or subcategory being covered.  In addition,
 the information required in the NOI should be sufficient to enable
 the permitting authority to determine if general permit coverage
 is appropriate for the particular facility.  [Note:  For mobile
 facilities,  the  general geographic area of operations would be
 required,  along  with notification of  termination  and  initiation

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Variances and General Permits



     Normally, an individual permittee is able to request a



variance from otherwise applicable effluent limitations.



The types of variancas available and the timeframes for requesting



such variances are detailed in 40 CFR 122.21(1) and fm).  Some



States have suggested cr.ac it might be appropriate cb -jranz a



variance to all dischargers covered under a general permit (i.e.,



the general permit terms ana conditions would contain the variance).



It is EPA Headquarters' position that it is inappropriate to



grant variances in general permits.



     However, a discharger who would be covered under a general



permit still has the right to request a variance.  An individual-



discharger can request a variance from a general permit in one of



two ways.  First, a discharger could request a variance during



the public comment period on the general permit, which would then



be processed according to the applicable regulations.  If the



variance were granted, the discharger would be issued an individual



NPDES permit.  Second, the discharger could submit an individual



permit application, thereby "opting out" of general permit



coverage.  This application could include a request for a variance.








State Role in Development and Oversight



     NPDES States with general permit authority are responsible



for the development, issuance and enforcement of general permits



covering dischargers within the State.  All State draft general



oernits must be submitted to the appropriate EPA Regional Office



and the Office of Water Enforcement and Permits for review and

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general permits should oe submitted well in advance of public


notice of the draft general permit.




EPA Regional Office Role in Development and Oversight


     The EPA Regional Offices have three roles  in the management
                               —  •

 of  the seneral permit program.  First, the Regional Office  is


 responsible for th-e development of' general permits in non-NPDES


 States.   [Note:   SPA Regional Offices  cannot  issue general  permits


 covering dischargers in States with NPDES authority.)  In these


 instances,  the EPA Region has control  of the  general permit


 issuance process.   Second,  if an approved NPDES State with  general


-permit authority  is developing  the general permit,  then  the EPA -


 Region will have  an oversight  role, as defined  in  40 CFR Part


 123  and  in  the Memorandum of Agreement between  the Region and


 the  NPDES State.   The  EPA Regional staff should work closely


 with the  State  in developing  the draft general  permit  in order


 to avoid  unnecessary delays.

      The  third  role of  the  EPA Regional  Offices is to  work  with


 EPA Headquarters  to assist  NPDES  States without general  permit


 authority  in  developing the necessary  statutory and regulatory


 framework for assuming the  general permit  program.  In addition,


 the Regional  Offices  are  responsible  for keeping EPA Headquarters


 informed of new issues concerning general  permits, as well as


 working  with EPA Headquarters in addressing such issues.




 EPA Headquarters Role in Development and Oversight


      Previously, EPA Headquarters had developed procedures  tor

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detailed in a September  27,  1983 memorandum  to  cne  EPA  Regional



Water Management Division  Directors.   In essence, these  review



procedures provided for  a  10-day review of draft general permits



and a 5-day review of final  general permits  by  Headquarters.



     EPA. Headquarters has  decided  to waive its  review and concurrence



on all non-offshore oil  and  gas general permits.  Thus. EPA



Headquarters will formally review  and  concur on draft or final



general permits only for offshore  oil  and gas activities and



will conform to the review procedures  established in the September



27, 1983, memorandum for these general permits.  See Appendix B



for a copy of the September  27, 1983 review  procedures.  Appendix



B also contains a guidance document, dated July 3,  1985, that



provides information on  the  MPDES  permitting process for oil and



gas activities on the outer  continental shelf and coordination



with the Minerals Management Service.



     Because §123.43, governing transmission of information to



EPA from the States, and §124.58,  governing  special procedures



for EPA-issued general permits, require that the Office of Water



Enforcement and Permits  receive copies of all-draft and-proposed



general permits, whether State or  EPA  Regional  Office general



permits, copies should still be sent to EPA  Headquarters.  In



addition, EPA Regional Offices should  prepare semi-annual lists



of non-offshore oil and  gas  general permits  that they or the



States expect to issue.  These lists should  be  submitted to the



Office of Water Enforcement  and Permits by October  1 and April 1



of each year.  These lists are needed  to keep EPA Headquarters



:.->.f ormed of those general  nermits  being developed and issued and

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                               -25-





wili allow  Heacquarears  cc  ciscri'ouce  applicable  general  permits



to other EPA Regions and NPDES States  as models.



     Although EPA Headquarters has waived  its  review  and  concurrence



of all non-offshore oil and gas general permits,  this waiver -iay



be revoked  for general permits of national significance or  those



involving legal or technical  issues of first impress ior..  Z?A



Headquarters will examine the sani-annual  lists and inform  the



Regions as  to those non-offshore oil and gas general permits



that it wishes to review.   In general, EPA Headquarters'  waiver



should greatly speed up the issuance and promulgation of  general



permits.



     The NPDES regulations specifically exempt any general  permit -



written to  cover storm water point sources from the requirement



to submit a copy of the permit to the Office of Water Enforcement



and Permits.  However, any storm*water general permit proposed



to be developed by either a Regional Office or State should be



included on the semi-annual list of general permits.  Because of



the sheer volume of storm water point sources, particularly



Group II storm water point sources, neither EPA nor the States



have  the resources to issue individual permits to all such  storm



water dischargers and EPA intends to develop model general  permits



covering classes of storm water discharges for use by the EPA



Regions and NPDES States.  The identification of general  permits



proposed to be developed for storm water discharges will  allow



EPA Headquarters to assist the EPA Regions and States in  the



development of such permits and should broaden their potential

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                               -26-
Continuation of a General Permit

     Under Section 558(c) of the APA, an expired permit continues
            i
in force until the effective date of a new permit, provided that

the permittee has submitted a timely and sufficient application

and SPA, through no fault of the permittee, does not issue a new

permit with an effective aace on or before the expiration date

of the previous permit  (see 40 C?R §122.6).  This is to protect

the applicant from being jeopardized by EPA's delay or failure

to issue a permit.

     With regard to general permits, it is EPA's position that

an expired general permit continues in force and effect until a
                                                                  •s
new general permit is issued.  Only those facilities authorized-

to discharge under the  expiring general permit are covered by the

continued permit.  Where the notification requirements of a

general permit provide  permit coverage prior to  the actual commence-

ment of operations at a site (e.g., mobile sea-food processors),

facilities oroviding such notice prior to the expiration of the

general permit are covered by the continued general permit.

Although EPA considers  such continuance legally  permissible,^
   1 However, there has  been one adverse  court decision on  this
issue.  In Nunan Kitlutsisti v. Arco Alaska,  Inc.,  (D.C. Alaska,
1984), 592 F.Supp. 832,  the U.S. District Court  held  that an
expired general permit  is  not  continued under the APA as it is
not a license "required" by law.   (The court  reasoned that
issuance or  reissuance  of  a general permit was wholly within
Agency discretion.)   Ry  the time this case was appealed, EPA had
reissued the general  permit.   The  9th Circuit, finding  cnat cnere
was no longer a controversy between parties,  declared the case to
be moot and  vacated the  District Court's  decision.  Thus, the
case  is of no precedential value.

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                               -27-





permits should be continued cnly as a last resort.  See Appendix



B for a January 16, 1984, memorandum containing a further discussion



of continuance of EPA-issued NPDES general permits under the



APA.



     States/ of course,  are bound by their own statutory requirement;



regarding continuance.

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                             CHAPTER 4



                             EXPERIENCE








 Benefits  and  Limitations of.General Permits



     The  use  of  general  permits  provide certain clear benefits



 to  the permitting  authority.  General  permits give permitting



 authorities  the  ability  to cover a large number of facilities



 within one  permit  action, rather than  multiple actions.  In



 addition, the permitting authority has the ability to frame the



 general  permit for a class or category of facilities within one



 geographical  area  such that any new facilities entering the area



 are automatically  covered and new permit actions are therefore



.unnecessary.   Permit authorities are also able to significantly



 reduce permit issuance backlogs in those instances where a large



 number of similar  facilities comprise  the backlog.  General



 permits  are also extremely practical means to cover discharges



 from mobile sources within a geographic area; only one permit



 action  is necessary rather  than several.



      Based  on experience,  the Office of Water Enforcement  and



 Permits  considers the benefits  of  general  permits  to  far outweigh



 their disadvantages.  However,  there are also certain  drawbacks



 to the  use of general permits that permitting  authorities  may



 need to address.  While  certain disadvantages may  make the issuance



 of general permits  difficult  in some  cases,  they  clearly do  not



 preclude the  issuance of general  permits.   Incorporati-a 1 i.zit-ticr.s



 protecting varying  State water  quality standards  within  a  large



    .,i_-..,;, • --'  --•=..=  --;-, K" J • ef i'V-i I*"- but not insurmountable.  As
                                 -28-

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                                -29-





 mentioned previously,  general permits  can address these situations



 through a tiered approach or by subcategorizing the  requirements



 of the general permit.  The need to  have  large numbers  of  similar



 facilities to make a general permit  administratively -crthwhile



 is often cited as a drawback to general permits.   Although general



 -errsits ars cypicaily  viewed as best suicea  to covering ^.arge



 numbers of similar facilities/  general permits have  also been



 issued to cover a modest number of facilities  (e.g., a  general



 permit was issued to cover 21 concentrated animal feedlots in



 Arizona).   In addition,  issuance of  a  general  permit tc several



.facilities would be practical if more  facilities  are expected  to



 enter the geographic area during the term of  the  permit or the



 Discharges are from mobile sources within the  permit area.  At



 times the need to-strictly adhere to the  APA  (or  the State equivalent)



 is viewed as a disadvantage. - In fact, adherence  to  the procedures



 of the APA need not be burdensome and  can lead to the development



 of effective and administratively supportable  general permits,



 and is certainly less  burdensome than  issuance of individual



 permits to each point  source covered by the  general  permit.







 General Permits Covering Storm  Water Point Sources



      The use of general  permits to regulate  storm water point



 sources was one of the original reasons for  the development  of



 the general permit program.  The program  was  designed to provide



 maximum flexibility to EPA and  the States in  administering an



 appropriate permit program for  storm water and other point sources.



 EPA has long recognized  that requiring individual NPDES permits

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                               -30-
of ail storr. water discharges was not an efficient means or



dealing with the vast numbers of storm water point sources.



     The general permit program has historically recognized that



the reduction of pollutants from storm water point sources is



often more effectively achieved by using best management practices



{3MPs) tnan by applying end-of-pipe pollution control technology.



The use of BMPs in any NPDES permit is authorized when numeric



effluent limitations are infeasible.  Therefore, many general



permits covering storm water point sources need not employ specific



numerical effluent limitations; some storm water general permits



can mandate the use of BMPs alone.



     BMPs must be tailored to the specific area covered by the



general permit, taking into consideration variations in geography,



geology, meterology, rainfall, and topography. . The selection and



implementation of BMPs in general permits are best achieved by



coordination with 208 and other planning and field agencies.



     The NPDES permit program mandates that a discharge monitoring



report (DMR) be submitted at least once a year to the permitting



authority.  If a general permit requires the use of BMPs alone,



measures taken to comply with the required BMPs should be reported



at a frequency specified in the general permit.








Existing General Permits



     A list of general permits issued by either E?^ or MFDES



States is  furnished as Apoendix D.  Appendix D also lists the



Federal Register cications for each of the EPA-issued pertnics.



^PV Headauarters has copies of these permits on file for distribution

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                              -31-
 upon request.   These general  permits are available as models for



 new general  permits  to be  developed  by  an EPA Region  or NPDES



 States.   These models will need  to be modified in most cases to



 ensure  that  State  water quality  standards are protected.







 Sxancies  of  Exis-inc General  Pennies
     Types  oc  facilities  covered under  general  permits  include:



 oil  and  gas well  operations;  petroleum  storage  and  transfer



 plants;  seafood processors; construction dewatering activities;



 hydrostatic testing  of pipelines; and non-contact cooling  water.



 The  Agency  procedures for developing and promulgating these



 permits  have developed over time so that issuance of these EPA



 general  permits is now largely routine.  A few  examples  are:





 1.   Offshore Oil and Gas - 06 permits; 3,800 facilities covered)



     The recent round of BPJ  BAT/BCT general permits issued by



 Regions  IV, VI, IX,  and X are examples  of how these general



 permits  are becoming more routine.  The first BPJ BAT general



 permit was  issued by Region X for discharges in the Bering/Beaufor;



 Seas.  Region X has also  issued a general permit for Norton Sound,



Alaska that built upon the Region's experience  with the  Bering/



 Beaufort Seas general permit.   Subsequent permits for the  Gulf



 of Mexico, southern California, and Alaska have  built upon EPA's



experience with these early general permits.



     The Gulf of Mexico general permit  is a good example of how a



general permit can be tailored to incorporate special limits



 based on an ODCE.   The general permit will authori2e discharges



 frcm anv 01. i.nu Tas i-ic^.-v  '.locnarsi.iG ir.v

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                               -32-





However, in ABCs the general permit requires special discharge



rate limitations to protect those ABCs.  Therefore,.only one



general permit needs to be issued to cover all the facilities



either already in place or that will be in place during the five-



year permit term.








2.   Concentrated Animal Feedlots - (3 permits; 100 feed'lots)



     Region vin developed two general permits for animal feedlots



in several western States.  Region IX used those general permits



as models in developing a general permit for Arizona, and Region



X is usinq them as a model to develop a general permit for Idaho.



The use of prior general permits as models has significantly



reduced the work needed to develop general permits in Regions IX




and X.







3.   Construction Activities & Hydrostatic -Testing - (1 permit;




     1,000 sites)



     Region VIII developed a general permit that authorized



discharges from construction dewatering and hydrostatic testing



activities.  This one general permit was written to cover both



types of discharges because both occur during  the construction of



pipelines.  However, since the discharge of water from construction



pits almost always occurs in any type of construction, Region



VIII worked with construction trade^associations in developing



the terms and  requirements of the general permit.

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                          CHAPTER 5
               STATE PROGRAM APPROVAL PROCEDURES
General
     Obtaining general permit authority gives a State the full
range of regulatory options for jcntrolling ~cint source iischarcjers
As of this writing, eight States have been approved to issue
general permits for point sources, (although with the revision
of the storm water regulations on September 26, 1984, several
more States have expressed interest in obtaining such authority).
As noted earlier, general permit approval allows States to issue
permits covering several sources and are thus able to reduce
substantially their permit backlogs.  Obtaining approval to
issue general permits is a straightforward, step-by-s.tep process
which is described Ln detail in this Chapter.  Usually, obtaining
general permit authority is not complex because most State statutes
do not preclude the issuance of general permits.  In most instances,
the State Attorney General need only certify to EPA that State
law is adequate to carry out the general permit program.
     Some NPDES States have issued general permits without first
obtaining EPA approval.  While these general permits may .be legal
State permits, they are not considered NPDES permits and dischargers
are considered to be in violation of the CWA.
     An approved MPOES State's plan to implement a general permit
program is processed as a revision or modification of its NPDES
program.  First, the State statutes, regulations, and NPDES
program submission (Attorney General's Statement, Memorandum of
                               -33-

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                               -34-





Agreement, and Program Description) are  reviewed by  the St^ts to



determine if adequate authority exists to administer NPDES general



permits.  After any necessary amendments are made, the State



submits its program modification to the Region.



     The Cffics r?£ Water Snforcsnent and Permits and the Office of



General Counsel, Water Division, must concur in any decision to



approve a Stats prccr^m or program modification.  Early coordination



between the State, the Regional Office, and EPA Headquarters on



program approvals and program modifications is important if the



review and approval process is to proceed rapidly and delays are



to be minimized.



     In the case of program modifications, the Regional Administrator



makes a determination if the program modification is "substantial."



There are many reasons why a State's request fo'r general permit



authority should be treated as a substantial program modification.



A general permit program can have the potential for widespread



impacts for point source dischargers within the State.  In addition,



the State may have to enact important regulatory and/or statutory



changes to allow for  issuance of general permits.  Other legal



issues may also be involved, such as potentially conflicting



State statutes.  The  public participation elements of a State's



general permit authority are often crucial because of concerns



relating to specific  point sources that  could potentially be



covered under a general permit.  Changes made to ensure public



participation  in the  general permit program may make the program



modification substantial.

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                               -35-

     A substantial program mcdificaticr. triggers two requirements.
First, final approval of the State's general permit program by
the Regional Administrator requires Headquarters'  concurrence
(both the Office of Water Enforcement and Permits and rhe Office
of General Counsel, Water Division).  Second, substantial program
raoaificaticr.2 =re subject to public notice and commenc procedures.

Review of State Statutory Provisions
     The State statutes must be analyzed for general permit
authority.  The existing permitting authority provided in the
statute — the directives to the permitting authority and/or the
Director, the general prohibition against discharging without a
permit, and the enforcement authority — should be reviewed to
assure that such authority is not limited to individual permits.
If general permit authority is provided in the statute, it should
be reviewed to make certain that it is not limited to particular
classes of dischargers, as this may be interpreted to prohibit
general permit issuance for categories which are not mentioned.

Review of State Regulatory Requirements
     The State should have regulations analogous to 40 CFR §122.28,
containing the substantive authority to issue general permits.
The State regulations should describe:
     o   the geographic area for which general permits may be
         written;
     o   the criteria for selecting categories for coverage,
         comoacable to 40 CFR § 122.28(a)(2); and

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                               -36-

     o   the criteria for requiring individual permits for specific
         dischargers.
     The regulations requiring that all dischargers into waters
of the U.S. obtain permits should be reviewed: they may have to
be amended to add a qualifier for general permits.  This may be
necessary if the language of the regulations cr 3^-cuci ae-=r.3 ".z
only envision the issuance of individual permits.
     The State regulations must also contain procedural requirements
for general permit issuance.  The regulations must require the
State Director, once he or she has made a tentative determination
to issue a general permit, to prepare a draft general permit (40
CFR §124.10(c)).  Such draft permit must contain  the requirements
set forth in 40 CFR §124.10(d):  1) necessary conditions  (the
same conditions required  to be contained in  individual permits);
2} immediate compliance with the terms and conditions of  the
general permit; 3) monitoring requirements;  and 4) applicable
effluent limitations, standards, and prohibitions.  All draft
general permits must be accompanied by fact  sheets (40 CFR §124.3(a))
The fact sheet must set forth the principal  facts and the significant
factual, legal, methodological and policy questions considered
in preparing the draft permit.
     Of course, the State regulations must provide for public
participation  in  the  issuance of general permits  just as  for
individual  permits  (see 40 CFR $124.10).

Modification of State  Program
    •  re ~one.-^T_ ««ar-mi.»-.  authoritv was  not con temo 1 a ted at  the

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                               -37-





tiiae the State sought approval to administer the MPDES program,



some revisions to the State program submission will be necessary.



     40 CFR §123.23 requires that a program submission contain an



Attorney General's Statement to the effect that the laws of the



State are adequate to carry out the program.  This applies equally



wnen general permit program approva* -a oougr.c.  12 cne State is



already approved co administer che NPDES program, its general



permit program submission must contain a supplemental Attorney



General's Statement certifying that the laws and regulations of



the State provide adequate legal authority to issue and enforce



general permits in accordance with 40 CFR §122.28.  This statement



must include specific citations to statutes and regulations that



have been lawfully adopted at the time the statement  is signed



and that will be fully effective by the time the program is



approved.  Appendix E provides a copy of a supplemental Attorney



General's Statement.



     The Memorandum of Agreement (MOA) submitted as part of the



original program must be examined to determine whether any of



its provisions restrict the State's authority to implement a



general permit program.  If it does, the Regional Administrator



must require submission of a modified MOA.  Also if the MOA



provides for procedures different from those specified in the



Federal regulations, it would have to be changed.  For example,



40 CFR §123.44{a) (2) requires that the MOA provide for 90-day



review by EPA of general perries.  Appendix F contains aa example



of a modified MOA.

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                                -38-
     As mentioned previously,  th*e  determination of whether the
request for general permit  authority  is  a  substantial  program
modification rests with  the Regional  Administrator.   For program
revisions requesting general permit authority  considered to be
substantial, 40 CFR § 123.62(b)(2)  requires oublic notice of the
revision and 30 days for  puoiic  comment.   The  public  notice -nus-
be rr.ailed *.c interested  persons  and be published in  the  Federal
Register, and in the largest newspapers  in the State  to  provide
statewide coverage.  It  must summarize the proposed  revision and
provide for the opportunity to  request a public hearing.   Such a
hearing will be held if  there  is significant public  interest
based on requests received.  This  is  the responsibility  of the
EPA Regional Office.
     After consideration  of the  public comments and  any  hearing
held on the program modification,  the Regional Administrator,
with the concurrence of  the Office of Water Enforcement  and
Permits and the Office of General  Counsel, Water Division, determines
whether to approve or deny  the modification.   The modification
does not become effective until  approved by EPA.  Approvals of
substantial program modifications  are published in the Federal
Register.
     If the Regional Administrator determines  that the proposed
modification is not substantial, the  Regional  Administrator may
approve or deny the modification,  with the concurrence of the
Office of Water Enforcement and  Permits  and the Office ^f Gen«?ra.l
Counsel, Water Division,  without public  comment by notice of the
decision \-> a \•?»"-*:e•" *"">  *"-he Governor  or  his desiqnee  (Program
Director).

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APPENDIX A

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 "4      UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 I                     WASHINCTON. D.C 20460
                                6 !sc4
                                                      WATCH
MEMORANDUM

SUBJECT:  Federal Register (F?J Publication Requirements for
          Draft and Final General NPDES Permits

Xo-       Water Management Division Directors
          Regions I, II, III. IV, VI, VIII, IX and X

FROM:     Martha G. Prothro. Directorr^vV
          Permits Division (EN-336)  \V\>-> ^


     Until the Office of Management and Budget (OMB) waived
review of EPA issued general permits on November 3, 1983, the
Permits Division used OMB's review period  to correct FR format
problems in any pending permits.  We can no  longer provide  that
service without delaying permit publication  and issuance.

     The Office of Standards and Regulations has prepared a
checklist for ail £R submissions and has acvised us that documents
will be returned to our office  if  they are not properly prepared
and submitted.  Therefore, we  are  requesting that your  staff
ensure that each notice is complete and correct before  it is
submitted to us.

Executive Order  12291

With the waiver  of  Executive Order review, all general  permit  fact
sheets and/or FR notices  should contain the  following  statement:

     The Office  of  Management  and  Budget has exempted  this  action
     from the review  requirements  of Executive Order  12291  pursuant
     to Section  8tb]  of  that order.

Regulatory  Flexibility  Act

All  notices and/or permit fact sheets  should contain  the
following  statament:

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                              - 2 -
     U • ^ • w •  ** w ^ \ « /  w**a w ^»k A •* » ^•--•—• — — -  ^	— — — — — — — — C""~ ~ »•••*• \ ••»/ « O
     (will)  not have a significant impact on a substantial  number
     of  small entities.  Moreover, the permit(s) reduce(s)  a
     significant administrative burden on regulated sources.

Paperwork  Reduction Act (PRA)

Ir. most  cases, all of the monitoring, recordkeeping, and reporting
requirements in a general permit are covered under existing generic
information  collection clearar.ca requests (ICRs).*  Where trie
requirements are already covered by our generic ICRs, the general
permit  should contain the following statement:

     EPA has reviewed the requirements imposed on regulated
     facilities in this (these) draft (final) general pernit(s)
     under the Paperwork Reduction Act of 1980, 44 U.S.C. 3501
     et  seq.  The information collection requirements of this
     Tthese) permit(s) have already been approved by the Office
     of  Management and Budget in submissions made for the NPDES
     permit  program under the provisions of the Clean Water
     Act.

Should  the Region be aware of or should Headquarters  identify  a
permit  requirement (s) that is not covered by an existing ICR,  an
estimate of  the burden hours associated with the provisions)
must be  prepared by the Region  and submitted with each  general
permit.   The Permits Division will prepare"the  required material
for OMB  review under the PRA at the  time of publication of  the
draft permit  in the PR.  OMB is required to comment  on  paperwork
issues  during the public comment period.  In such cases the
required language is:

     For draft permits:

     EPA has  reviewed  the  requirements  imposed  in regulated
     facilities  in  this  (these) draft general  NPDES  permit(s)
.* Generally,  information collection requirements provided for
 specifically  in  the  NPDES regulations have been covered by the
 Permits Division in  its generic ICR submitted to OMB.  However,
 these clearances basically cover only routine information
 collection    Activities such as underwater diving inspections,
 moiiJor'nS'reauired  pursuant to section 403(c) guidelines, etc.
 woCid no?9belovered!  (Please feel free co consult with us on
 any  specific  requirements for which the status of a clearance
 request  is  unclear./

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                              - 3 -

     under the Paperwork Reduction Act of 1980, 44 U.S.C. 3501
     et sec.  The information collection requirements of the
     peraiz(3/, with the excepcion of ?art(s) ( insert .section
     number and titles from permit), have been approved by the
     Office of Management and Budget (OMB) in submissions made
     for the NP-DES permit program under the provisions of the
     Clean Water Act.  Estimates of the burden hours associated
     witn these excepted provisions have been prepared and
     submitted to OMB for review at the time of publication of
     this notice.

     ?cr final permits:

     No comments from OMB or the public were received en the in-
     formation collection requirstsents in this (these) pernitls)

     or

     Any comments to EPA from OMB or the public on the infor-
     mation collection requirements in the (these) permit(s)
     appear in the public comment, section of this notice at
Please be advised that clearance of new requirements not covered
by the generic requests could delay permit  issuance due to OMB
review.  However, where such requirements are necessary or appro-
priate, they should be imposed and the anticipated small increase
in overall burdens of the program should be defensible.  Major
delays for this reason are unlikely in my judgment.

General Administrative Requirements

1.  The document should be correctly classified as a proposed or
    final permit in the title.

2.  The document should contain each of the preamble elements.
    AGENCY, ACTION, SUMMARY, DATES, ADDRESSES, FOR FURTHER
    INFORMATION CONTACT, AND SUPPLEMENTARY  INFORMATION

3.  The SUMMARY should state in a sentence  or two what you're
    doing, why you're doing it, and the intended effect of the
    action.

4.  The pages should be numbered at the top.

5.  The document should be double spaced and printed  in 12 pitch.

6.  All signatures should be followed by a  signature  block.   (If
    Someone signs for the Regional Administrator or the Water

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    Management Division Director, include both names in the
    signature block (e.g., L. Edwin Coate Acting for. ,rnesta
    Barnes, -legicr.al Administrator,.

7   The submission should contain an S.F. 2340-15 Federal Register
    Typesetting Form with the required signatures in place.

3.  The cost cf publishing the document should be estimated
    as follows:

             2 pages » 1  FR column  = 5136.00
             pnccocopiec  pages = 5350.00  (i.e., m»?s cr reprint
             effluent  limitations pages)

I* vou or vour staff have further questions  on  these matters
please contact Michelle Hiller cf my staff  (425-4793).  Your
efforts to ensure  that these  documents  are  properly  prepared will
eliminate unnecessary  delays  in  Federal  Register  submissions.

cc: Water Management Division Directors
    Regions V  and  VIT                 '
    Director,  Enforcement Division, OWE?

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APPENDIX 8

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                       WASHINGTON. 3.C. 2C460
                                                           Of
                       BE? 27  1983



MEMORANDUM

SUBJECT:  Final Procedures for the Review tf Craft ar.d  ri-al
          General  Mr CIS  ?«rr:i^s  .7         —L


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c  The attached general permits status report prepared by
   the Permits Division, OWE? represents i  list  of ail
   aeneral permits currently in development.  Copies  of
   the status report will be sent to the Water Management
   Division Directors and Headquarters program offices on
   a monthly basis.  Headquarters program offices are
   requested to identify those permits wnich  they consider
   important to review each month.

 o  Regional offices must submit all draft and final
   general permits to the Office of Water Enforcement »r.c
   Permits,"to the attention of the Permits Division
   Director.  The Water Management Division Director  and
                            General  permits not  =uly  signed
of the general permit
    will  re  returned  to the  Region
    Headouarters  review of general permits for concurrence
    will "be limited  to issues-of national significance and
    consistency with regulations, national guidance,  and
    relevant case law.  Any other comments regarding
    provisions generally within the discretion of the
    permit writer (such as technical adequacy, identified
    water quality standards, or general clarity,  quality or
    enforce'ability)  will be suggestions only.

    Formal communica-tions on general permit issues and
    Headquarters • concurrence will occur tetween the
    Director of the  Permits Division and the Water Management
    Division Director.*  Ecwever, we continue to encourage
    staff level discussions concerning permit development
    so  that issues can be resolved, to the maximum extent
    ocssible, before review for headquarters concurrence.

    The Permits Division Director is to receive all comments
    from  other Headquarters offices on draft general permits
    in  ten working d'ays.  In the review or crait general
    permits, use  Permits Division will identify to the Regional
    Office-any issues which could lead to non-concurrence
    on  the final. .Generally, further processing of the draft
    permit will not be delayed while Headquarters • comments are
    being addressed by the Region prior to final promulgation.
    However, there may be occasions involving an issue signifi-
    cant enough to require modification of the fact sheet or
    draft permit  before publication.   If  Headquarters review
                                                    it,  the
                                                    Manaement
                                                           days

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     after  the  deadline for subrnittal of all Headquarters
     comments to the Permits Division.  Written comments win be
     sent  from  the Permits Division Director to tr.e Water Manage-
     ment  Division Director within five working days after the
     deadline for submittal of all Seacquarters cor-ents to tne
     Permits Division.  If the Water Management Division Director
     does  not hear from the Permits Divis-ion Director within five
     days  of the end of the Headquarters review period, he say
     assume that the Permits Division is processing the permit.

  o  The procedures for the review of final general permits
     will*be the same as those for draft permits except tnat
     Headquarters review time will be shorter.  The July
     1 =0- ~szr=5airJ.i~ec" review process provides  "hit  ths
     review pericd is five vcrki.-.'r fjys_ -r._c33  ".=  nr.al
     oermit differs significantly  irom  the  draft.  (In such
     cases the review period is  specified as ten cays.)

     On August S, 1982, the Office of  Policy and Resource
Management"and the Office  of Water requested an exemption
for oeneral NPDES permits  from the review requirements  of
the Executive Order  12291 from the Office of Management and
Budget  (OMB).  We understand that  staff recommendations have
been prepared for Robert  Bedell, Deputy Administrator,  and
we expect a written  response soon.   We  will make  every
effort  to keep you  informed on the request  and 0KB's  response.

     Thank vou for  your positive comments  on these procedures,
your efforts to  follow them in the interim, and .your continued
surccrt for  the  general permit program.  Until an exemption is
qranted, both draft and final  general permits  must be submitted
-o ~M«  *cr  review prior to-publication in the  Federal register.
Reaardless,  crogress has  been  made.   There  was a time wr.en
a general permit status report   included only permits .or
offshore oil and gas and  animal  feedlots.

Attachment

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          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON. D.C. 20*«Q
                               JUL  3E85
                                                        0*«ICE OF
                                                         MATER
MEMORANDUM

SUBJECT:  Transmittal of General Permitting Strategy for
          OCS Oil and Gas Activities Under EPA/MMS MOU

FROM:     Martha G. Prothro, Director
          Permits Division, OWEP   (EN-336)

TO:       William Dickerson, Director
          Federal Agency Liaison Division, OFA   (A-104)


     Attached is a copy of the guidance document  regarding  the
NPDES- permitting process for offshore oil and gas activities.
The Permits Division has prepared  this as our action under
Part IV. A. and Part- IV. B. of the Memorandum of Understanding
with the Minerals Management Service, signed on May 31, 1984.
I hope that this will prove useful to the EPA and MMS staff as
they coordinate activities under the MOU.

     Please call me if you have any questions regarding this
document, or have your sta«ff call  Edward Ovsenik  ( FTS 426-7035)
Attachment

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                                     June 13, 1985
         The  NPD&S  Permitting  Process
      fcr Oil and Gas  Activities  on  che
           Outer Continental Shelf
       Prepared-by the Permits Division
   Office of Water Enforcement and Permits
Unit-d States Environmental Protection Agency
                  under  the
   Memorandum of Understanding between c.PA
     and  the Minerals Management Service
      of  the Department  of  the Interior

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                        Table of Contents
A.  Introduction ...... ................................ ••••  1
B.  Covered Facilities and Permit Areas ...................  1
C.  Provisions for Permit Modifications and Revocation . ....  3
D.  Provisions for Individual Permits ................... ,. .  3
E.  Existing .Sources, :*ew Discr.argers , and New •jcurrss ....  4
F.  Effective Dates  . . .. ....................................  4
G.  State Certification ....... .. ........................ ..  4
H .  Fact Sheet ............................................  5
I.  Technology Based Effluent Limitations  .................  6
J.  Ocean Discharge Criteria Guidelines ...................  7
K.  Oil Spill Requirements ................................  8
L.  Other Legal Requirements ..............................  9
    1 . Endangered Species Act  .............................  9
    2. .Coastal Zone Management Act  ........................  9
    3. Marine Protection, Research  and Sanctuaries Act  ....  11
    4. Economic Impact (Executive Order 12291)  ............  12
    5. Paperwork Reduction Act ............................  12
    6. Regulatory Flexibility  Act  .........................  12
APPENDICES:
A.  Decision Logic fbr 403(c)  Determinations
B,  States with Approved Coastal Zone Management Programs

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A, Introduction

     The Environmental Protection Agency (EPA) regulates
discharges associated with offshore oil and gas exploration,
development, and production on the outer continental shelf (OCS)
under the Clean Water Act's (the Act) National Pollutant Discharge
Sii-Tsinati on System (NPDES) permit program.  EPA Regional Offices
iosus permits to facilities discharging into  scaan waters b=y~r.d
che three mile li.-uic cf the carricorial seas  and may also issue
permits to facilities in  the territorial sea  if the adjoining
Swats does net have an approved NFDES program.  Section 403 of
the Act requires that NPDES permits for discharges into the
territorial seas, the contiguous zone, and the oceans be issued
in compliance with EPA's  guidelines for determining the degrada-
tion of marine waters.  The NPDES Regulations are found in
40 CFR Parts 122, 124 and 125.

B. Covered Facilities and Permit Areas

     The traditional NPDES regulatory framework requires that  an  ~.
owner or operator file an application to begin the permit process.
The NPDES regulations also authorize the  issuance of a general
permit for a category of  point sources located in the same
geographic area  if their  discharges warrant similar pollution
control measures.  40 CFR §122.28.  The regulations for general
permits provide  that sufficient  information may be available  to
the Agency to determine permit condi-.ions without application
information.  Therefore,  general permits  are  issued w-ithout a
named party and  without application requirements.

     The first step  in  the  issuance of a  general permit  is  the
Director's determination  that a  category  of point sources meets
the requirements of  $122.28.  The Director  is authorized  to  issue
a general permit if  there are a  number of point sources operating
in a geographic  area  that:

     1.  Involve the same or substantially  similar types  of
         operations \

     2.  Discharge  the  same  types of wastes?

     3.  Require the same effluent  limitations  or  operating
         conditions;

     4.  Require the same or similar monitorina  requirements;
         and

      5    In the opinion of  the  Director,  are  more  appropriately
          controlled under cne  general  permit  than  under individual
          permi ts.

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     Changes  to the NPCSS regulations on Seotember 1, 1982
 (48 £R 9619)  also proviae thac the Regional Administrator (RA)
 shall issue general permits covering discharges from offshore
 oil and gas facilities within the Region's jurisdiction.
 Interested persons, including prospective permittees, nay
 petition the  RA to issue a general permit and the RA must
 promptly establish a project decision schedule for oermit
 issuance.  The project decision schedule provides final permit
 issuance no later than the fir.al notice of sale or 6 months
 ifter the petition, whichever is later.

     The decision to issue a general permit is dependent upon
 EPA having sufficient information to determine permit conditions
 and address the factors in the ocean discharge guidelines,  with
 sufficient information, general permits mav be issued for entire
 tracts or groups of tracts offered in OCS lease sales.  Geographic
 or political  boundaries defining the area to be covered are
 specified in  each permit.  These boundaries may be OCS lease
 sale areas defined in lease sale EISs, specific lease parcels,
 or isobaths surrounding areas of biological concern.

     EPA may  issue a general permit covering all lease sales
 occurring within the geographic scope of the permit during its
 five-year term.  EPA also issues general permits only covering
 specific lease sales which have already occurred, or are about
 to occur.  Currently, EPA Regions IV and VI are issuing one
 permit to cover all lease sale activities within the Gulf of
 Mexico.   EPA  Regions IX and X usually issue general permits for
 only specific lease sales.  However, any general permit could
 be modified to include new lease sale areas during the permit
 term.                                       "

     Areas of biological concern (ABCs) are areas which may
 require special permit conditions and/or effluent limitations
which differ  from those contained in a general pernit for a
 broader area.  In such cases, separate general permits may be
 necessary.   If a lease sale contains several ABCs which require
widely different permit terms and conditions, these areas may
be more appropriately controlled by individual oermits.  EPA
may also issue one gjeneral permit for the entire lease sale
area, with one set of effluent limitations established for the
 broad area, and a second set of limitations for the ABCs.

     General  permits may be issued for all discharges in the
geographic area of the permit' (i.e* exploratory, development,
and production facilities).  However, EPA may also issue a
general permit authorizing discharges only from exploratory
 facilities, with a seperate general permit for the development
 and nroduction facilities.  EPA Regions will issue neneral
 permits for exploratory facilities first, and wait to determine
 the interest  in the area for development and production, and
 the possible  number of development and production facilities
 before issuing a develoment and production general permit.

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                                        individual permit  should
                                        that a general  permit
                                       ;.-dividual ^erm:-.   i. *."_
                                        nandlaa in accorda.-.cs
C. Provisions fcr ?3trr.zt Modification and Revocation

     The NPDES regulations provide for modification of a general
permit for any of the causes in $122.62, including information
which indicates'unacceptable cumulative impacts (S122.62(a)(2 ) . )
The results cf any testing required by Section 403(c) may
indicate that the general permit should be modified or revoked.
If on-site monitoring indicates that an
be required, §122.28(b)(2)(iv) provides
terminates on cne eccective .iats cf an ,
permit modifications or revocations are
with §124.5, and requests for modification, revocation, or
termination must be in writinq and contain facts or reasons
supporting tne request.  Tha RA may aeny the request (§124.3'bM
or prepare a new draft permit incorporating the proposed changes.
The procedures for processing the new permit are the same as
for all draft permits (§124.6).

D. Provisions for Individual Permits

     Any owner or operator authorized to discharge by a general
permit may apply for an individual permit; any interested person  ;
may petition the Director to require a facility to obtain an
individual permit; and the Director may require an owner or
operator to anply for and obtain an individual permit on his own
initiative.  The criteria  in §122.28(b)(2) define cases wh'ch
may require an individual NPDES permit:

     1.  The discharge(s)  is a significant contributor of
         pollution;

     2.  The discharger is not in compliance with the terms and
         conditions  of  the general permit;

     3.  A change has occurred in t*e availability of demonstrated
         technology  or  practices for the control or  abatement
         of pollutants  applicable to the point source;

     4.  Effluent guidelines are subsequently  promulgated for
         the point sources covered by the general permits;
     5.
     6.
         A Water  Quality  Management  Plan  containing  requirements
         applicable  to  such  point  sources  is  approved;  or
         The  requirements  listed in §122.28(a
          (See A.  and  B.  above).
                                               are not met
However, changes in pollutant control or abatement technology,
eciluent guidelines, or watsr quality standards may more aooro-
nriately be aqdressed  through permit modiricacion, or revocation
and reissuance if the  changes affect a large number or point
sources operating under a general permit.

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                             - 4 -
 E. Existing Sources, New Dischargers, and New Sources

     General peraits cor offshore -il and gas activities authorize
 discharges for  'existing sources' and 'new dischargers' (40 CFR
 55 122.2, 122.29(a).).  Current general permits do not authorize
 discharges from 'new sources' as the Agency has not prcmulaated
 new source performance standards (NSPS) for the oil and gas
 extraction point source cateoery, and therefore no new ^ourres
 are currently operating (122.2, 122.29(b).).  Wh«n NSPS are
 promulgated, SPA will have an independent obligation under
 tne National Environmental Policy Act (MEPA) to compiece an
 •snvi ronmencal review for iPA  Issued  21! and ?as M?!TE£ rerr.i-3.
 Therefore, dcPA compliance wiii be required for ger.orai. perries
 covering Federal waters and the territorial seas of the States
 that do not nave NPDES permit authority.  States issuing NPDSS
 permits for rheir  territorial seas have no such NSPA compliance
 obligations.  See  40 CFR 122.29(c)(ii ) .

     Mobile drilling units used in exploratory operations —
 operations to identify and determine the extent of oil and gas
 reserves — are existing sources except in environmentally
 sensitive areas.   Mobile drilling units in areas of bioloaical
 concern (ABCs)  are considered new dischargers after each move
 within an ABC.  The fact sheet of each general permit describes
 the RA's determination of ABCs affecting new discharger status
 for mobile drilling units.  In determining if an area is an ABC,
 the RA considers the factors specified in the 403(c) guidelines
 at 40 CFR 12S.122(a)(1) through (in).  (See page 7.)

F. Effective Dates

     Section 124.15 provides that permits are effective 30 days
after final issuance unless 1) a later date is specified in the
permit or 2)  no comments requesting a change in the draft were
 received during the comment period.  General permits are issued
as rulemaking proceedings under the Administrative Procedure
Act (APA:  5 U.S.C. S551 et seq.).  The APA reouires 30-day
notice of final rules to allow for administrative appeal and
 review.  Because NPDES general permits are not administratively
 reviewable, this provision does not apply.  Therefore, EPA normally
writes general  permits to be effective on the date of final
publication in  the Federal Register.  Section 122.46 provides
 that NPDES permits are effective for a fixed term, not to exceed
 5 years.

G. State Certification

     Under section 401(a)(l) of the Act, EPA may not  issue a
permit until certification is granted or waived by the State  in
 which the discharge originates.  State certification of general
 permits covering federal waters is not mandated iy statute ~-
 regulations.  Federal waters are defined as all waters en the
 Outer Continental  Shelf (OCS) beyond any State's Territorial  Seas
 (as defined at  Section 502 of the Act).  However, the Director

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of a permit program may determine  that  State  review  of a federal
Waters p^rmi? il appropriate.   The  Director,  pursuant to $12*.,2
tnen mu»t send the certifying  Stats agency:

     1.  A copy of the draft permit?

     2.  A statement that EPA cannot issue or deny the permit
         until tr.e certifying  State ag-ncy has granted or
         denied certification or waived its right to certify;
         and,
      3.  A 3ta-m*nc inat tr.e State w*li oe deemed to have
         waived its right to certify unless that right  is
         excercised within a specified reasonable time,  not  to
         exceed SO days.
      State certification of a_permit requires that the  State
      S'SS =
                 i              mr.
 ever fish.? she!lftsh,  and wildlife resources, and over  coastal
 zone management plans.

 H. Fact Sheet


 policy questions considered in preparing tne ~raL^ v
 Ond.r S124.8 a  fact sheet must include:
    1.  A  brief  description of  the  type of facility or activity;

    2.  A  discussion of  the type and  quantity of pollutants
        to be  discharged;
    3.   A 'brief  summary of the  basis  for  the draft  permit
        conditions including:
                          ..  *„-„ ann  -eau1atory  requirements sucn
        a.  applicable  statute  yanculegeufineg>yandqthe  ^^
            S.SSii !?i*«t"rl and  permit  conditions  Imposed
            under~403(c); and,
        b.  supporting references to the administrative record.

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  4.  Reasons why alternatives to required standards do or do
      not appear justified;

  5.  A description of the procedures for reaching a final
      decision on the draft permit including:

      a.  the beginning and ending dates of the comment peri id
          and the address where comments will be received;

      b.  procedures for requesting public hearings on a draft
          general ^errait ar.d -an explanation that ":!•.« rsguL.2t: ons
          do not provice for evicenciary hearings; and

      c.  procedures by which the public may participate in
          the final permit decision including notice of public
          hearings if they have already been scheduled.

  6.  Name and telephone number of a person -to contact for
      additional information.

  7.  The provisions of 40 CFR 124.56.

I. Technology Based Effluent Limitations

     The Clean Water Act requires all dischargers to meet
effluent limitations based on the technological capacity of
dischargers to control the discharge of their pollutants.  Section
301(b)(l)(A) requires the application of best oracticable control
technology currently available (BPT^no later than July 1, 1977.
Cm April 13, 1979 EPA promulgated fi*nal effluent limitations
guidelines establishing BPT for the Offshore Subcategory  (40
CFR 435).  Sections 301(b)(2)(A) and (B) require the application
of the best available technology economically achievable  (BAT)
and best conventional pollutant control technology (BCT)  to
control the discharge of toxic and conventional pollutants by
July 1, 1984.  Effluent limitations establishing BAT and BCT
for the subcategory have not been promulgated, therefore
permits issued after June 30, 1984 are based on best professional
judgement (BPJ) under Section 402(a)(l) of the Act.  The  factors
considered in BPJ determinations are described in 40 CFR  Part
122.44(a) and Part 125.3(d) (as amended September 26,  1984,
49 FR 38052).  These'factors are similar to the factors used  in
establishing the BAT/BCT effluent limitations guidelines.

     Section 306 of the Act requires the application of best
available demonstrated technology for new sources or new  source
performance standards  (NSPS) in NPDES permits applicable  to  new
sources.  NSPS are based on the oest available demonstrated
technology for the industrial category.  Since new sources  have
the cppCTfjnity tc design the best and most efficient  wastewater
treatment technologies, the Agency considers  the best  demonstrated
process changes and end-of-pipe treatment technologies that
reduce pollution to the maximum extent  feasible in  the development

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                              - 7 -
J.  Cesar. Discharge Criteria Guidelines

     The final 403(c) Ocean Discharge Criteria guidelines 40
CFR Part 125 (45 FR 65952, October 3, 1980) set  forth criteria
for determinations of unreasonable degradation and  irreparable
harm which musfbe addressed prior to the  issuance  of a NPDES
permit-  The 403 decision locjic is outlined in i.Dpendix A.

     The factors considered in a determination of unreasonable
degradation are:

     1.  The quar.-ities. ccnpcs i c 1 or. and peter.!: ;al  t~' b:c-
         accumulation or persistence of the pollutants to be
         di scharceci:

     2.  The potential transport of such pollutants by biological,
         physical or chemical processes;

     3.  The composition and vulnerability of the biological
         communities which may be exposed  to such pollutants
         including the presence of unique  species,  communities
         of species, the presence of species identified as
         endangered or threatened pursuant to the Endangered
         Species Act, or the presence of those species critical
         to the structure or function of the ecosystem such as
         those important for the food chain;

     4.  The importance of the receiving water, area to the
         surrounding .biolocical community, including  the presence
         of spawning sites, nursery/forage ar
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                             - 8 -
     The Agency's technical evaluation of drilling fluids dis-
charged iy oil and gas operations has identified cer-ain acerating
conditions which could be incorporated in the NPDES permit in
addition to BPT and BAT technologies to address water quality
impacts.  These conditions may include combinations of the
following:

     a.  discharge of authorized drilling muds and additives
         for which the Agency has bioassay test data;

     b.  use of 3 'buffer -one' around areas -sf bi^lcciral
         concern ir.  ••p.i-.-. ;ne  ii^cr.args cc cr;ll.r.g j_.:d3 r.ay
         be limited or restricted;

     c.  operational rsquirsmencs such as pred:1jtl--, discharge
         rate limitations, adequate dilution and dispersion of
         drilling fluids, and bulk discharge restrictions;

     d.  use of shunting to minimize water column  impacts; and

     e.  use of a surface or near surface discharge requirement
         to minimize sediment  impacts.

     Permits may also include  notification requirements  for site--
specific survey information to aid  the Agency in determining  the
appropriateness of general permit coverage.  This  measure may
be taken, for example, when the nature and extent  of an  area
of biological concern in a frontier area has not been 'adequately
defined.  If site-specific information submitted with  notifica-
tion should indicate that the  provisions of a general  permit
would not provide adequate protection of the site, the Director
may then require the facility  to apply for and obtain  an
individual permit.

X. Oil Spill Requirements

     Section 311 of  the Act prohibits the discharge of oil and
hazardous materials  in harmful quantities.  Routine operating
discharges are usually specifically controlled by  a NPDES permit
and are excluded from the provisions of Section 311.   A  NPDES
permit does not preclude the  institution of legal  action  or
relieve permittees from any responsibilities, liabilities, or
penalties for unauthorized discharges of toxic pollutants,
hazardous materials, or oil spills  which are covered  by  Section
311 of the Act.  Permittees may have a duty to report  such
unauthorized discharges to the Minerals Management Service, the
United States Coast  Guard, and/or the Environmental  Protection
Agency •  E?A regulations codifying  Section 311 are found  at
40 CFR Parts 110, 112, 113, 114,  116, and 117.  Amendments to
the Part  110 regulations were  proposed on March  11,  1985  (50  FR
9776 er seq.).

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L. Other Leoal Requirements

   i. Endangered Species Act

     The Endangered Species Act (ESA) requires that each federal
agency shall ensure that none of its actions,  including permit
issuance, jeopardizes the continued existence  of any endangered
or threatened species or result in the destruction or adverse
modification of their habitat.
     "or CCS general pemits, -.he \gency fallows the tonsul tat i zn
orocadures described in section ~ oc the £SA.  Formal consulta-
tion begins at the time of public notice of draft permits when
EPA suomits a written request to the Director  or Regional
T-.rsctor cf the "ish and Wildlife Servics  ( FWS ) or the Rational
Marine Fisheries Service  (NMFS).  Once a request for consultation
has been received NMFS has 60 days  to submit a formal response
to EPA.  Since the Department of the Interior  has 60 days 'to
issue a biological opinion,  final permit issuance can be signif-
icantly delayed.  In addition, a determination by NMFS that
insufficient" information exists or  that the permitting action
may jeopardize endangered or threatened species would require
EPA to obtain additonal information, potentially requiring the
Agency to repropose draft permits.

     Since the 403(c) guidelines require an evaluation of
information on endangered species,  Informal requests and/or
staff meetings are used to identify effected endangered  species
before permit proposal.   A notice of  intent  to develop a general
permit may include requests  for  identification of endangered
species in the .permit area,  a description  of  critical life
stages or activities affected, and  potential  impacts on  critical
habitat.  Copies of the  information used to complete the 403(c)
determination, permit fact sheets,  and draft permits may also
be provided  to  the Service with  a  request  for  review prior to
public notice.  With sufficient  information FWS and NMFS may be
able to provide EPA with  recommendations for  the draft permit.
The final biological opinion is  placed  in  the  administrative
record  for  final permit  issuance.

   2.  Coastal  Zone Management Act

     The  Coastal Zone Management Act  (C2MA) Section  307(cH3MA)
and  its  implementing  regulations  at 15  CFR Part  930  Subpart D
require  that  consistency  determinations be made  for  any  federally
licensed  or  permitted  activity  affecting  the  coastal  zone  of  a
State  with  an  approved  Coastal  Zone Management Program.   For
-e — 'ts" -over' ng" federal  waters,  a decision  to require CZMA
consistency  requires  a  demonstration  that  tne  permitted  activity
will  affect  the territorial  seas or coastal  waters  of  the
approved  State.   Since  chec* is  10 applicant  f=r  *  renerai
oermit,  the  Agency,  in  effect,  becomes the applicant and submits
a general permit  tor consistency certification to  the  appropriate
State agency.   When EPA is  the permit issuing authority  within

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tne territorial seas, consistency determinations are  required.
For Stacss -with approved MPDES programs no CZM consistency  is
required for permits issued for territorial seas dischargers.

     If it is determined that a consistency certification is
required for'a-general permit, a notice of intent to  develop a
permit may request assistance and solicit recommendations from
the State agency regarding the means for ensuring that tl-.t
proposed activity will be conducted in a manner consistent with
tr.e State's management program.  EPA provides the State with
written certification that the proposed activity complies with,
and will oe conducted :n a manner consistent witn, cne State's
approved management program.  The consistency certification is
made at the time of public notice of draft permits and includes,
in addition to the reouirements described in the next paragraph,
the 403(c) determinations, the fact sheet, and proposed draft
permi ts.

     With the consistency certification, EPA provides the State
agency with the following data and information:

     a.  A detailed description of the proposed activity and
         its associated facilities to 'allow an assessment of
         their probable coastal zone effects.

     b.  A brief assessment relating the probable coastal zone
         effects of the proposed activity and its associated
         facilities to the relevant elements of the management
         program.

     c.  A brief set of findings, derived from the assessment,
         indicating that the proposed activity, its associated
         facilities and their primary effects are all consistent
         with the provisions of the management program.

     d.  Any additional information required under the State
         management program.

     Formal review of EPA's consistency certification begins at
the time the State agency receives a.copy of the certification
along with the inforjnation and data described above.  The State
agency must provide-public- notice of the proposed activity  in
accordance with State Law.  At a minimum, this notice must  be
sent to States significantly affected by the proposed activity.
At the discretion of the agency, public notice may include
announcement of one or more public hearings.

   •  State agencies .mast notify SPA "at the earliest  practicable
time" whether tney concur or object to the consistency certifi-
cation.  However, concurrence by the State is not presumed  until
six months passes without an agency objection.  The only other
time limit imposed on the State is that, if a decision has  not
been issued within three months, the Stats must notify EPA  of

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.the  status  of  the  matter and the basis for further delay.   Thus.
 it  is clear that th-*  CZMA regulations allow considerable delays
 in  permit  issuance,  and those delays may be beyond EPA's control.

     If  the State  agency concurs with EPA's consistency
 certification,  SPA may issue the permit.  If the State agency
 oojects,  it fnust describe how the proposed activity is inconsis-
 tent with  specific elements of the management program, and
 what alternative measures would allow the permit to be issued.
 In  the  event of a  State agency objection and failure to resclve
 me  issues  between the :vc Agencies, SPA. may ncc issue the
 permit  unless  cne  Secretary or Commerce finds chat .tr.s ^emi t-.ed
 activity may be Federally approved because the activity is
 consistent  with the objectives or purposes of the Coastal  Zone
 Management  Act, or is necessary in the interest of national
 security.   Procedures for appeals are set forth at 15 CFR  Part
 930, Subpart H.

     Appendix  3 contains a list of States with approved Coastal
 Zone Management Programs by EPA regions.

    3. The  Marine Protection, Research and Sanctuaries Act

     The  Marine Protection, Research and Sanctuaries Act (MPRSA)
 of  1972,  16 U.S.C. 1431-1434 regulates the dumping of all types
 of  materials into  ocean waters and establishes a permit program
 for  ocean  dumping  including a comprehensive and continuing
 program of  monitoring and research regarding the effect of
 dumping  materials.  The MPRSA also establishes the Marine
 Sanctuaries Program which is  implemented by the National Oceanic
 and  Atmospheric Administration (NOAA).  MPRSA i.s applicable
 to  general  permits when the permit area  includes proposed or
 designated  ocean  dump sites and/or marine sanctuaries.

     Where proposed and designated ocean dumping sites lie within
 proposed general  permit* areas, the discharges authorized by the
 NPDES  permit must be  reviewed  for consistency or inconsistency
 with the dunp site activities.  Genorally, permittees entering
 lease  blocks also containing  ocean dumping activities are
 required to notify the EPA Regional offices directing ocean
 dumping activities o.f  the movement of mobile drilling vessels
 or  the commencement of drilling operations.

      Title III of the  MPRSA  (Section  302(f)) requires  that the
 Secretary of Commerce, after  designation of a marine  sanctuary,
 consult with other federal  agencies,  and  issue necessary regula-
 tions  to control  any  activites permitted within the  boundaries
 of  the marine  sanctuary.  The  Secretary  must certify  tJi^e  any
 permit, license,   or  other authorization  issued pursuant to any
 other authority is consistent with  the  purpose of  the marine
 sanctuaries program  and  can  be  carried  out within  its  promulgacea
 regulations.   The authority  of  the  Secretary  to administer the
 orovisions  of  the Act has been  delegated  to  the Assistant
 Administrator  for Coastal  Zone  Management,  National  Oceanic and

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                              - 12 -


Atmosoheric Administration (NOAA).  The rules governing oil and
aas activity within a designated sanctuary are specieic to each
designation and are published in the Federal Register at the
time sanctuaries are designated.

     Factor 5 of the 403(c) guidelines specifically requires
the identification of marine sanctuaries and an assessment of
the impact of the proposed permit on the resources of cne
sanctuary.  NOAA's Office of Coastal Zone Management, Marine
Sanctuaries Program, receives notice of the Agency's intent to
^ove^p a general permi- and is recuested to identify bet*
proposed anc issiana-.ed rarire sanctuaries -it.-— the -err:: t
area, as well as corresponding marine resources and NOAA regula-
tions which may be affected by the permit decision.

   4. Economic  Impact  (Executive Order  12291)

     The Office of Management and Budget  (OMB) has exempted
general NPDES permits  from the  review requirments of Executive
Order 12291 pursuant to Section 8b of that order.  Under  the
exemption  the Director of OMB  retains discretionary  authority
to request that a particular general permit be submitted  for
review.  The Director  may  also, at  any  time, withdraw  the
exemption.

   5. Paperwork Reduction Act  (PRA)

     In general,  the  information  collection- requirements  of
general NPDES permits  have  been approved  by  the Office of
Management and  Budget  (OMB)  in submissions made  cor  the NPDEa
permit program  under  the  provisions  of  the Clean  Water Act.
Should a general  permit  contain new monitoring and/or  reporting
requirements not  approved  by  OMB,  the  permit  is  submitted to
OMB  for  review  under  the  PRA  during the public comment period.

   6. Regulatory  Flexibility  Act  (Reg.  Flex.)

     Because  general  NPDES permits are considered rulemakings
under  the  APA,  they are  subject to the Reg.  Flex  Act.   Under
this Act,  a  Federal Agency must scrutinize  the  impact  of any
rulemaking on  small business.   General NPDES  permits for Offshore
Oil  and  Gas  activities are generally found  to have no impact
on a significant  number  of small  entities because cost of
operations on the OCS prohibits small business  from entering
 the  market.   EPA  has concluded, in recently  issued general
permits,  that no small business would be affected by the general
permi ts.

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moto
       (u««ilio*t, IIBIKIIMIII .
       • r M*IUr IH|

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APPENDIX B
        STATES WITH APPROVED COASTAL ZONE MANAGEMENT PLANS

           LISTED BY  FP& REGION AS OF JANUARY  6,  1984
REGION
 II
 IV
 VI

 IX
STATE

Connecticut
Maine
Massachusetts
New Hamnshire
?.hode Island

New Jersey
New Yor
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APPENDIX C

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        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                       WASHINGTON. 0-C. 20460
                                                      OFFICE Of
                                                       WATER
                          JAN 16 1934
MEMORANDUM

SUBJECT:  Continuance of NPDES General permits Under the APA
??.OM:     Bruce  R. Barrett, Director
          Office of Water Enforcement and Permits (EN-333)

70:       Regional Water Management Division Directors
          Regional Counsels

     We have  received  a number of  inquiries as  to whether
continuation  of  expired general permits  is allowed under the
Administrative Procedure Act  CAPA) and the NPDES regulations..
A recent Office  of General Counsel (OGC) opinion (attached)
Indicates that such continuance is legally permissible.  However,
^her« are important reasons sor EPA not  to rely on APA continu-
ance except in extreme cases  where permit reissuance.is delayed
for unexpected or unavoidable reasons.   This memorandum addresses
the general permit reissuance process in lighr  cf CGC's recent
review cf the continuance issue.

SUMMARY

     NPDES general permits may be  continued under the APA
where the Agency has failed to reissue the perr.it prior to
expiration.   Although  continuance  is legally permissible,
pernits should be continued only as a last resort and continuance
should be avoided by timely reissuance of general permits
wherever possible.

     Because  of  the geographic scope of  general permits and the
nusber of facilities covered, continuance could raise questions
as to whether SPA has  adequately considered long-term cumulative
environmental impacts, exacerbate  the permit issuance backlog,
and create new issues  or workload  problems associated with new
 eneral permit  will  ncc  be  reissued  prior  to expiracion,  the

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Regional Wacer Management  Division  Director  should  inform  the
Permits Division Director, and  provide  a  specific'scr.eduie  for
completing reissuance.

IMPLEMENTATION

     The following requirements  govern the continuance  cf
general permits:

     -  ""-'•' these facilities  author is'sd to  fischarce_ur.der
        -.-3 grtoinnc  ssr.erz-  3err.iz~j.re  ccverea cy  cne
        continued permit.         '

     c  Where t-e notification requirements  of  a general
        permit provide  permit  coverage prior to the actual
        commencement  cf operations  at  a  site (e.g., mobile
        seafood processors and oil  and gas drilling vessels)
        facilities providing  such'notice prior  to expiration
        are covered by  the continued, permit.

     o  At least six  months prior to the expiration date of  a
        general permit, the Regional Water Management  Division
        Director should submit a draft general  permit  and  a
        schedule for  permit issuance or  reissuance  to  the
        Permits Division Director.   If a draft  general  permit
        is not ready  at that  time,  an  explanation of the reasons
        for delay and a schedule for permit  development and
        reissuance, should be  submitted  instead. The  Permits"
        Division Director will expedite  perr.it  issuance and
        reissuance processes  at headquarters as much as possible
        and will inform upper  management in  the Office  of
        Water cf any  significant delays.

DISCUSSION

     As with individual NPDES  permits, it may become necessary
to administratively continue  a general NPDES permit when re-
issuance cf the permit  or issuance  cf  a  new  permit  is  impossible
before permit-expiration.  The APA allows for continuance  or a
-e'-'e-al" license or permit when a permittee has  made a  timely
and comolete application for  a new permit.   Until OGC'_s recent
-ov-ew o* -he issue,  OWE? had advised  the Regional  Ornces
that general oermits  could not be continued  under the  APA  _
^"•ause -he S?SPS  regulations do not require applications  :cr
I:.;,.,, :'a—~.-37   CW£?  r-qussted that  OCC rsvisw *r.d prc-rid* i
'ZVIIgrt co^n'-^~ c-  this issue since a  number of parties had
-•jes:;c-iec~cu-"lec'ar"ccsiticn.  On November  17, 1333.  OGC  informed
:v:£?"tnat general  permits can legally  be continued  under tr.e

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     There  are  a  nur.be r  of  strong  policy  and  program reasons  to
  ssure timely reissuance rather  than  relying  on  A?A continuance.
  any general" permits  cover  several  dozens or  even  hundreds  of
 .-•dividual  facilities.   The- large  number  of  facilities  covered
 and the broad geographic coverage  tend  to focus  industry and
 pusiic attention  on Agency  inaction wnen  the  permit is  allowed
 to expire,  especially in the  early  stages of  implementation of
 the general permit. program.

     Many general  permits are  controversial  at the  time of
 initial permit  issuance.  Similar  ccntrcversies  can be  antici-
 pated during reissuance.  EPA  cannot  allow the public to
 perceive that we  are  avoiding  these issues through  administrative
 •rent i.-.uar.ca cf  axpirad parmits.  Tcr  axampls, cumulative »r.-
 ••*. ronrr.er.tai impact assessments hinge  on tne  .-usuer  and  vol^ta .
 of discharges." Information  gathered  during  the  term of the
 original permit may justify  new  permit  limitations, terms and
 conditions  at the  time cz reissuar.ee.   For marina dischargers,
 determinations pursuant  to  §403 (cj  of the Clean  Water Act are
 usually dependent  on  the estimates  cf the number of facilities
 that will discharge during  the term of  the permit.   Delay in
 updating these determinations  raises  questions about potential
 environmental impacts and the  efficacy  of permit conditions.
 Similar issues arise  where  there have been new -standards or
 effluent limitation guidelines promulgated during  the course
  * the permit or  changes in  the  CWA or  applicable  requirements
  ider other applicable statutes  (e.g.,  Coastal Zone Management
Act, Endangered Species  Act).

     Finally, _a maior coal  of  the  general perrr.i- program is to
 reduce the Acencv's NPDES permit issuance backlog..   Allowing
general permits to expire aggravates  the  backlog problems.  In
 addition, new                                         •
issued ^5 general yermit.   Since  these  facilities  would  be
liable"for discharge without a  permit,  they  would  likely  request
an individual permit and  be  required to  submit  a  full  application
and do appropriate testing.   This  creates  a  permit  issuance
workload" demand  that would be avoided by timely reissuance of
the general permit, as  well  as  putting  burdens  on  permit  appli-
cants that would  be removed  by  reissuance  of the  general  permit.

     Given the drawbacks  and problems,  administrative  continuance
o* general permits should be the exception rather  than the rule.
Adequate planning and  timely permit preparation will  allow us
to avoid the  necessity  to use administrative continuance  except
as a stos gap, short  term measure.   The  Office  of  Water Enforce-
ment and" Permits  will  work with the Regions  to  avoid  continuance
w-herever possible.

   . Caiburr. I.  Cherney, OCC

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                         MOV I 7  G83

MghORAHDUM

SUBJECT:  Continuance of NPDES General  Permits Under
          the Adninistrative Procedures Ace  (APA)

r'SOfi;     :-largaret 2. Silver        \fl
          Attorney                 /«*
          Vater Division (LE-132W)

THRU:     Colburn T. Cherney
          Acting Associate  General Counsel
          Water Division (LE-132W)

TO:       Bruce Barrett
          Director
          Office of Water Enforcement
            and Pcrnits  (EN-335)

     This cenorandutt responds to your request for a. legal
opinion on several issues related to  the  expiration, reissuance,
and continuance of general  permits under  the APA.

     (1)  Is sue;  Can &  general  pernit  be continued under
the A?A. in the absence of a renewal application requirement'?

     Response;  A good legal argursent can be cade that a general
peruit Day be continued  under the APA,  even  though there is
no specific requirement  for a renewal application.

     Discussion;

     Section 9(b) of the APA, 5  U.S.C.  $556(c) , provides that:

     When the licensee has  cade  tinely  and sufficient
     application for a renewal or a new license in
     accordance with agency rules, a  license with
     reference to an activity of a continuing, nature
     oocs not expire until  the application has been
     finally deteroined  by  the agency.

     This provision allova  a licensee (I.e.. permittee) to
lavrully continue its  licensed activity azter its license
has expired when the issuing agency has faileo to act on the
licensee's renewal application.

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     The purpose of this provision is clearly set out in the
legislative history of che APA»

     [This provision is] necessary because of the very
     severe "consequence* of che conferring of licensing
     authority upon adniniscrative agencies.  The
     burden is upon private parties to apply for
     licenses or renewals.  If agencies are dilatory
     in either kind of application, parties are sub-
     ject to irreparable injuries unless safeguards
     are provided.  The purpose of this section is
     to recove the threat of disastrous, . arbitrary,
     and irrenedisble administrative action.

92 Cong. lee. 3654 (1946) (remark* of Representative Walter).

     The courts have consistently relied on this statement
of legislative intent in construing the purpose of this
provision.  In Cosiaittee for Open Media v. FCC. 543 F.2d 861
(D.C.  Cir. 1976) the D.C. Circuit described the purpose of
this section as the "protection of licensees from the uncer-
tainties atemsing fron protracted adniniatrative consideration
of applications for license renewals."  Id. at 867.  In
County ot Sullivan v. CAB. 436 F.2d  1096 (2nd Cir. 1971).
Judge iTitsnaiy agreea that section 9(b) was intended to
protect licensees fron an agency's failure to act:  "lt]he
valuable rights conferred by a license for a linited term
shall not be lost siaply because  the agency has not tanaged
to decide the application before  expiration of the existing
license." Id. at  10S9.  The court in Banker's Life & Casualty
Co. v.  Callowav. 530 ?.2d 525 (5th  Cir. 1276; quotas Juage
TtTendly's  language and added  that "the kind of case that the
statute was oeant to cover was that  in which time exigencies
within the  agency prevent  it from passing on a renewal  appli-
cation, where an activity of a continuing nature  is involved."
Id,. at 634.

     Section 9(b) of the APA requires  the licensee to cake
"tinely and sufficent application tor  a renewal  ... in
accordance  with agency  rules"  to  qualify for continuance  of
its pernit.  The  issue  that has been raised is whether  the
APA continuance provision applies to KPDES general peroits
since there is no renewal application  requirecient for such
peroits.   In the  case of  an individual KPDES percit,  the
percit holder muse suooit an application to renew  its pernit,
so the  issue dc«s not arise, jy   Persons who wish  to be
T7 — vne iJ^usS regulations recognize that the APA continuance
"   provision applies to individual HPCES pereits.   40 CFR
122. 6(a).

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covered under a general permit, however, generally need only
submic a "nocice of intent to be covered" by  the general
permit, after the general permit is issued. 2/  Neither the
terms of the general permit nor the NPDES permit regulations
discuss requirements for coverage aftar a general permit
expires..  In other words, in the case of an individual permit,
the renewal process is initiated by the permit holder who
must submit a renewal application, whereas the Agency must
initiate the renewal process for a general permit because
the Agency does not provide any opportunity fcr the permit
holder to submit a renewal application.
         •
     Based on ch« overall purpose of Section  9(b) , i.e.,  co
limit continuance cc situations where cne Agency, ana aoc
the permittee, has failed to act, we believe  it is reasonable
co conclude that continuance of general permits is permissible
when the Agency has not provided an opportunity to submit a.
renewal application. 3/  The APA requires the permittee to
submit an application "in accordance with agency rules" as a
condition for continuance.  However, since the current agency
rules do not provide a discharger covered under a general
permit the opportunity to initiate renewal, the discharger
has in essence done all it can to ensure continued permit
coverage.  Therefore, where "time exigencies" have prevented
Agency action, it is a reasonable interpretation of the APA
to allow a discharger the protection of the continuance
provision where the permit has not been renewed through no
fault of the discharger.  We believe this position is fair,
as well; it does not make sense for continuance to be available
to individual-permit holders, but not general permit holders,
simply because the Agency has not provided for a renewal
application for general permits.  Also, not allowing continuance
would seriously undermine the usefulness of general permits,
which were designed to reduce both the regulatory burden
on dischargers and the administrative burden  on EPA.

     Although we believe the position chat general pennies
may be continued under the APA is legally defensible, we
strongly recommend that the general permit provisions of
the UPDES rules be amended  to clarify this issue.  The rules
should explain how and when a general permit  may be continued,


77   This is a requiremenc  inposed by the ceres of the general
~~    permit itself, not che MPDES regulations.

3/  Only dischargers  covered under che original general
~   permit would be entitled to operate under the continued
permit.  New dischargers, who would otherwise qualify for
coverage under the general  permit, could not  be covered by
rhe oeneral nermit until EPA had reissued it.

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and who may discharge under the continued permit.  At that
cime  we may want to consider imposing some sort of applicatioi
requirement, such as a new notice of intent to be covered when
requite»«  •  .„ A,
 and CZMA determinations are conducted as  part of the  permit
 issuance (or reissuance)  process, it  is clear that  the  Agency
 need not complete  any of these determinations before  a  general
 permit  is  continued.  In fact, failure to nake one  or more
 of  these determinations may be precisely the reason for- the
 delay  in reissuing the permit.

      (3)  Issue;   What is the  effect of issuance of a general
 permit  on previously issued individual permits covering the
 same type of discharge?

      Resoonse:  Persons who hold a current individual permit
 remain  covered by  that permit until they request coverage
 under the general permit  (generally by submitting a notice of
 iStent  tl be covered under the general permit) and  EPA revokes
 the individual permit.  Persons who hold expired, APA-continued
 Individual -permits are covered oy the general permit as soon
 as EPA issues it.

      Discussion;

      Section  122.18  of the HPDES regulations  states chat  after
 EPA issues a  general permit,  a discharger with an indiviaual
 per\a" ?s no^coveredby  the  general  permit until EPA  revokes
 cfae individual permit.  To date, each  general ?er=it ha-
 Incluaed this provision.   It  is  not  clear whether this provision

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                           - 5  -

applies only to current  individual permits, or to expired,
APA-continued individual permits  as well.   We think  the
better reading is to limit this provision  to current individual
permits. 3/ In the  case  of on  expired,  APA-continuad individual
permit, we believe  thac  issuance  of a general pernit that
covers the discharge should be  considered  "Agency action" on
the permittee's request  for renewal of  the individual peraic
(unless the terms of the general  permit state otherwise) and
that the discharger is covered  by the eeneral perait as of
the effective dace  of  the general permit.   In addition, we
believe a new notice of  intent  would be unnecessary  in this
case since the discharger has  already submitted  an applic
fsr rsnewal cf its  individual  per~i:  (bcth the notics cf
inzanc arc rar.ewal  ippli-ation  jerve  a  ai^ilar function,
i.e., to inform the Agency who  is discharging under  the
general perait; .

     Once again,  it is  important  to  spell  out these  provisions
in future general permits, or  better  yet,  in  the NPDES rules.
By distinguishing between current inaividual  permits and
expired, APA-continued permits, and  the effect of issuing a
general permit on each,  it will be clear which  permit
(individual or general)  is  in  effect  for each discharge ac
any given time.
                                                         ation
T7	For the sake  oi- efriciency,  we  nay  want  to  consider
     revoking all  outstanding  individual permits  as part ot
the general permit issuance proceeding,  rather  than revoking
them individually.
               11/16/83:11/17/83

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APPENDIX D

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 Non-O&G
                                   GENERAL PERMITS
 CATEGORY  	   	

 o  Region  I :

 -  2° POTW

 -  non-contact
   coot ing H2° &
   uncoil*, ami nat eel
   storm water

o  RegioM 11:

-  Navy weapons
   training (Vieques)

-  Sanitary fi.
   Uomest ic Wastes
PROPOSAL
                                                 FltfAI,
                     LIMITS
            403(c)
01 /  /84
08/16/83
48 PR 37071
06/24/81
46 FR 32669

04/08/85
50 FR 13871
06/15/84
49 FR 247Mr>
10/30/84
49 FR 43585

09/  /85
WM/water
qua I ity
UP.J/water
qual ity

DPJ/water
qua I ity
yes
yes
yes
o Region VI:

- Reserve Pits
  Onshore O&G

- petroleum storage,
  transfer, & marketing

- Correction not'ice
     (P,S«.T)
09/13/03
40 FR 41084
06/12/84
49 FR 28446
                                                   BPJ/WQ
BPJ/Settlement
Agreement
- hydrootatic test Ing
09/13/83
48 FR 41084
o Region VIII:

- constrnction
  activities  (UT)
05/20/83
48 FR 22791
12/20/03
48 FR 562G8
UP.I /water
qua 1 ity
              (SD)
(.'5/2O/U3
**** **•** ^t3"
10/19/84
t«> r-i\ 1 t i c

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 NOJI-OS.G

 CATEGORY
                                         -2-
-  feedlots    (UT)

              )


o Region IK:

- feedlo»s  (AZ)


-trout fish hatcher ius
  Deep Seabed
  Mining
  Region X

  1,1'F
  SeaCoc'l
  Processors

  Idaho Trout
  Hatcheries
I'ROPOSAL
08/0<1/U1
46 PR 39670
05/^2/01
40 FR 2U008
07/18/04
49 FR 29141
00/29/83
48 FR 39144
02/23/04
49 FR 6780

12/17/83
40 1'R 56107
  FINAL
(J4/2U/03
4O FR 192OI
07/29/02
47.FR 28127
10/16/04
49 FR 40441
 10/05/84
 49 FR 39442
 0/10/84
  LIMITS
403
HAT/Part 412
IK.T/Part 412
UPJ/Part 435
Maine WQ BPJ/
HAT UCT         yes
                    BPJ/WQ
UPT/DCT
WQ
                                                                                   yes
 yes

-------
Oil and
10-24-M5
REGION S
FACILITY TYPE SALE 8
Regions IV, VI:
o Gulf of Mexico All new
(exp, dev & previous
& prod )
extension of
comment perio>1
Region Vis
o Inland Tidal
Waters
o Reissued
DCS
o DCS Fodnral Wit^rs
Texas i Lnuls-ina
Region IX:
o So Cal 35, 48, 5.1, 68, 73
(exp) 80, 1966, 1968
o So Cal 35,48,5 l.r.fl, 71
(dev K prod) 80, 196G. 1'»68
extension 06
comment period
o Relanne
So Cal
o Modification
So Cal
o So Cal DCS
DRAFT
PROPOSAL

07/26/85
50 FR 30564
10/00/B5
50 FR 4102O

12/27/83
48 FR 57001

08/15/80
08/22/85
50 FR 34036
0>1/22/85
50 FR 34052
09/19/85
50 FR 38029
06/21/83
48 FR 2(1394
06/21/83
48 FR 28394
09/14/81
46 F« 45672
HEARING FINAL PERMIT FFFF.CTIVE
EXPIRATION ISSUANCE EXPIRATION

00/27-29/85
09/04-06/85
10/07/85
NONE
11/06/85


09/15/83
48 FR 4194 06/30/84
04/03/81
46 FR 20264 07/01/83
09/26/85
10/07/85
09/26/85
10/07/85
10/22/85
11/15/85
12/03/83 12/03/83
48 FR 55029 06/30/84
12/03/83 12/03/83
48 FR 55029 06/30/84
02/18/82
47 FR 7313 12/31/83
LIMITS 403(c) Li mi

BPJ/BAT y--»
PCT DlJiRat-.nl.im


BPT
Part 435
nPT
Part 435

BPJ/BAT yr •}
BCT DisRnteLim
BPJ/BAT yr •}
BCT M< ni« or

BPT ys
Part 4J5
BPT ys
Part 4 '5 y« a
BPT ys
Part 415 ys

-------
ci; oi 1 nixl
KI-XJION G
MCILITV rypE SALE ft
Region X:
o No. Aleutian
Ban I n
o Bering S*>* II 09
.St. George Basin
"Xtonslon of
comment period
extension nC
comment period
o Cook Inlet 55, 60
(exp.devsprod ) AK- any
extension of
comment period
extension of
comment period
o Norton Sound f»7
o Beaufort 71, 87
Sea AK-36,3'MJ
43A, BF
o Bering Sea 70, 83
o Norton £
Beaufort
1 IRA FT
PROPOSAL



07/22/H5
50 FR 2'J92B
09/03/05
50 FR J5598
10/07/85
50 FR 40893
07/17/85
50 FR 28974
09/03/B5
50 FR 35598
10/07/05
50 FR 40893
02/15/85
50 FR 6305
03/14/84
49 FR 9610
03/14/04
49 FR 9610

II PAR ING
HXP I RATION '



norm
00/19/05
NONE
09/18/85
NONE
11/18/85
NONE
00/19/85
NONE
09/18/85
NONE
11/18/05
03/l«>/85
04/16/84
04/18/84
04/16/84
04/18/84

I-'JNAI, PRKMIT crFfX.TIVR
ISSUAHC'K F.XP I RATION









06/04/85 06/04/05
50 FR 23578 05/29/90
06/07/84 05/30/84
49 £R 23734 05/29/89
06/07/04 05/30/04
49 FR 23734 05/29/09
12/07/03 12/07/83
FU 06/30/84
LIMITS
                                                                                                             40 Uc) I.imi
                                                                                                  HP J/BAT   ye;i
                                                                                                    B(T      AB':
                                                                                                  BPJ/BAT    yes
                                                                                                  BCT/SWQS
                                                                                                  BPJ/BAT   yep
                                                                                                    BCT

                                                                                                  BPJ/BAT   yen
                                                                                                    BCT
                                                                                                   BPJ/BAT   yr.i
                                                                                                    BCT

                                                                                                  BPT        ye r
                                                                                                  Part 43S

-------
APPENDIX E

-------
                          ATTACHMENT A


               NPDES Attorney General's Statement
                      for General Permits


     I hereby certify, pursuant to Section 402(b) of the

Clean Water Act as amended {33 D.S.C. $1251, et.  sec^)  and

40 CFR $123.5(c) that in my opinion the laws of the State

(Commonwealth) of 	 provide »dacuat» legal authority

to issue and enforce general permits in accordance with the

c«neral permit program outlined In 40 CFH §122.1' .  The

specific authorities provided, which are contained in lawfully

enacted or promulgated statutes or regulation in full force

and effect on the date of this statement, include the following:


1. Authority to Issue General Permits

   State law provides authority to  issue general permits  for

   the discharge of pollutants from  specified categories

   of point sources to the  same extent as required under  the

   general permit program administered by tr.3 U.S. Environ-

   mental Protection Agency  ("SPA")  pursuant  to  Section  402

   of the Clean Water Act,  as  amended, 33 U.3.C. §1251  et.

   sec., and 40 CFR $122.2*.

   (a) Federal Authority: CWA  §402(a), 40 CFR §122.25,  §123.13.

   (b) State Statutory Authority:

   (c) State Regulatory  Authority:

   (d) Remarks of the Attorney General:

   (e) Judicial Decisions Demonstrating  Adequate Authority:

-------
2.  Authority to Enforce  General Permits



     State law grants  to the 	
                              STATE NPDES PEP.MITTI.NG ALJTHCI-ITY




the authority to  enforce general permits pursuant to the




implementation-  of a  general permit prcgrani under 40 C?R §122.1.?,




   (a) Federal  Authority: CWA §402{a), 40 C?R §122.18,  §123.13



       §123.V7.




   (b) State Stazutory Authority:



   (c) State P.sculatory Authority:




   (d) Remarks  of the Attorney General:




   (e) Judicial Decisions Demonstrating Adequate Authority:

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APPENDIX F

-------
Model MOA
General Permits
                          AMENDMENT
                            TO THE
       NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
                   MEMORANDUM OF  AGREEMENT
                           BETWEEN
                         (State Agency)
                           AND THE
   UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,  REGION
The Memorandum of Agreement,  between  the'United Statas Environmental
Protection Agency,  Region 	 [hereafter  £?A) and  the  (Stace Agency)
(hereafter 	 ) is hereby amended to  include  (State Agency) and
EPA responsibilities  for the development,  issuance  and  enforcement
of National Pollutant Discharge Elimination System  (hereafter
NPDES) general permits  as follows:

The (State Agency) has  the responsibility  for developing and
issuing NPDES general permits.  After  identifying dischargers
appropriately regulated by a general permit, the (State Agency)
will collect sufficient effluent  data  to develop effluent
limitations and prepare the  draft general  permit.

Each draft general  permit will be transmitted  to the  following.
EPA offices:

              Water Management Division Director
                    U.S. EPA,  Region 	-
                          (Address)


        Director, Office Water Enforcement and Permits*
                      U.S. EPA  IEN-335)
                        401 M Street  SW
                    Washington D.C. 20460


EPA will have up  to ninety  (90) days to  review draft  general
oermits and provide comments,  recommendations and objections
to the  (State Agency).  Each draft  general permit will  be
accompanied by a  fact sheet  setting  forth  the principal facts
and methodologies  considered during permit development.  In
the event EPA does  object to a general permit it will provide,
in writina, the  reasons for  its objection  and  the actions
necsssary'to aiirain-ste  the objection.  The Stats has  the
right to a public hearing on the  objection.  Upon receipt
 *  General  permits for discharges from separate storm sewers
   ne»d  not be  sent to EPA Headquarters  for review.

-------
                             -  2  -
 of EPA's objection, the  State  may  request a public hearing.
 If EPA's concerns are not satisfied and  the State  has  not
 sought a hearing within  90  days  of the objection,  exclusive
 authority to issue the general permit passes  to  EPA.

 If EPA raises no objections  to a general permit  it will  be
 publicly noticed in accordance with (insert State  requirements)
 and  40 C.F.R. §124.10, including publication in  a  daily  or
 veek-iv -.swspapsr  :irrul2»-.3d  _n ihe irsa  -.c  c«  ^ov^rsd  "-v -.he
 permit.  The  \otace Agency;  -i-l -^sue -jenerai cerntics l.i
 accordance with 'insert  citations  to State  regulations)  and
 40 C.F.R. U22.28.

 The  (State Agency) may require any person authorized by  a
 general permit to apply  for, and obtain  an  individual  NPDES
 permit.  In addition, interested persons, including dischargers
 otherwise authorized  by  a general  permit, may  request  that a
 facility be excluded  from general permit coverage.  Dischargers
 wishing exclusion must apply for an individual NPDES permit
 within ninety (90) days  of  publication of the  general  permit.
 The  applicability of  a general permit will  automatically
 terminate upon the effective date  of the individual permit.
 Finally, a. discharger with  an  effective  or  continued individual
 NPDES permit may serk general permit coverage  by requesting its
 permit to be revoked.

 The  (State Agency) also  has  the  primary  responsibility for
 conducting compliance monitoring activities and  enforcing
 conditions and requirements of general permits.

All  specific State commitments regarding the  issuance  and
 enforcement of general permits-will be determined  through
 the  annual 106 workplan/5EA process.

This Amendment to the Memorandum of Agreement  will  be
effective upon approval  of  the (State Agency's) general
permits program application by the Administrator of EPA
Region 	.
FOR (State Agency):
  Director                                 'Date)
FOR UNITED STATES EIJVIRCSMENTAL PROTECTION
 Regional Administrator                   (Date;

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APPENDIX G

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-  Code of .Tederai ~un'»" -neans any  discernible.
     confined "an-: discrete conveyance /e-
     lateti to rock crushing, gravel wash/ng.
     log  *ortir.rf.  or  log storage faciHties
     whicsx are operated in connection/with
     uivicultural -«.ct:vities ind  trom/i-hic^
     -ouuianis  ir* .iiscnanrea  ;~to/rivaters
     01 me  vniteo .States.  The term does
     not  include non-point source' silvicui-
     tural activities such as nursery oper-
     ations,  site oreparation. reforestation
     and suosequent  cuitura. / treatment.
     thinning, prescribed burning, pest and
     fire  control.* harvesting  operations.
     surface drainage, or road construction
     and  maintenance from/which  there is
     natural  runoff.  However, some  of
     these activities fsuch/as stream cross-
     ing  for roads)  may   involve  point
     source  discharges /f dredged  or fill
     material which  m4y  require  a" CWA
     section 404  permit  (See 33  CFR
     209.120 and Part/233?.
      (2) "Rock crushing and gravel wash-
     ing  facilities" /means facilities which
     process crushed  and  broken  stone.
     gravel,  and riprap (See'.40 CFR Part
     436.  Subpar/B. includingXthe effluent
     limitations guidelines).    \ •
      (3) "Log/sorting and log Storage fa-
    cilities" means -facilities   -ihose  dis-
    charges Result from the  holding of un-
    processed  wood,  for examples, logs or
    roundwood with bark or after temovai
    of bark  held in self-contained bddies of
    wateir (mill ponds  or  log  ponds) or
    stored on land where water is applied
    intentionally  on the logs   Standard metropolitan statistical
 areas ns defined by -.he Office of Man-
 attement anc Suasret:
   tvo Jroanizea areas as designacec oy
 the Bureau of the Census according to
 cntena  ;n 30 PR ;5202 (May 1, 1974):
 or
    Separate storm sewers; or
   (ii)  A  category  of  minor  point
 sources  other  than  separate  storm
 sewers if the sources all:
   (A) Involve the same or substantially
 similar types of operations:
   (B) Discharge  the  same types of
 wastes:
     Require  the  -same  or  similar
 monitoring: and
   (E) In the  opinion of the Director.
 are   more  appropriately  controued
 under a general permit than under in-
 dividual permits.
   (b) Administration.  U)  /n general
 General  permits may be issued, modi-
 fied, revoked and reissued,  or termi-
 nated in  accordance  with  applicable
 requirements  of  Part  124  or corre-
 sponding  State  regulations. Special
 procedures for issuance are found at
 5123.44  for  States  and  5  124.58  for
 EPA.
  (2) Requiring on individual permit.
  Ty-.e discharger  5 not  -.n compli-
ance with the conditions of the gener-
al  NPDES permit:
                                       75

-------
§122.28
  TiH» 40—Protection of Environment
  (C)  A change-has  occurred in the
availability of demonstrated technolo-
gy  jr pnic::css  for  the  control  or
abatement of pollutants applicable -o
the point source:
  iO>  SJfluent  '.imitation  guidelines
are tsromulsated for point sources cov-
ersu 3y -.r.e general NPDES germit:
  .£:  .'i  'Vatsr  "Juaiity Manatfetnuni.
plan containing requirements applica-
ble to such point sources is approved:
jr
  cy  The  -tquiremems of paragrapn
(a) of this section are  not met.
  (ii)  For EPA issued general permits
only,  the Regional  Administrator may
require any owner or operator author-
ized by a general permit to apply  for
an individual NPDES permit as pro-
vided in paragraph  (b>(2)
-------
into) Protection Agency
Chapter »—fcwiw

permit or permits not later  u:an tns
date of the final notice of sale project-
ed by the Department of the Interior
or six months after the date of the re-
quest, whichever is later. The Region-
u .-iominatrator ^iav.  -J. .iis .liscre-
:ion. issue .1 proiec' '.ecision .^cneuuie
for offshore oil and gas facilities in the
territorial ^eas.
  (3) Nothing in  this paragraph  ,
Safe Drtnkiiif Water Act <42 U.S.C. 300f tt
ttn.). Clean Air Act (42 U.S.C. 7401 tt jec-J.
Resource  Conservation and Recovery  Act
< 42 U.S.C. 6901 e(sc«.»
(48 PR 14153. Apr. I. 1983. as amended at 48
PR 39619. Sept. i. 1983]

9 122£9  New sources and new dischargers.
  (a)  Definition*.  U) "New source"
ana  "new  discharger" are defined in
} 122.Z CSee Note 2.3
  (2J\ "Source"  means  any  building.
structure, facility, or installation from
which ^here  is or may be a  discharge
of pollutants.
  (3)  "Existing  source"  means  any
source which is not a new source or/a
new discharger.                  /
  (4) "Slte"1s defined in  f 122.2:  /
  (5) "Facilities or equipment" means
buildings,  structures,  process  or pro-
duction   equipment  or machinery
which form  a permanent part of  the
new source and Which will/fa* used in
its  operation.  if\ these facilities  or
equipment are of Such value as to rep-
resent a substantial commitment to
construct.  It  excludes  facilities  or
equipment used in /connection with
feasibility,  engineering,  and  design
studies regarding the source or water
pollution treatment for the source.
  (b> Criteria fot new source determi-
 nation. (1) Thir following construction
activities resuft  in a new source:
  (i) Construction of a source,on a site
at which no other source is located, or
  (ii) Construction on a  site a\ which
 another/source is located of a building.
 structure,  facility, or installation\from
 whicn tnere is  or may be a oiscrtarge
 of pollutants if:                  \
   .A; ;ne procsss -r proaucuon equip-
 nient that causes the discharge 01  po\-
                                                                   § 12Z29
                   \utants from the existing sourcs LS co-
                   tally replaced by this construction/or
                    \(B>  the construction results /fa  a
                   change ;n '.he nature or  quantity of
                   pollutants discharged.        /
                     J) Constr^cnon on i site it  vnicr.
                   in i-xiscmij source  ^ ;jcateo,'resuiC3 Ji
                   a  modification  subject  to   5 122.15
                   rather than a new source  if  the con-
                   struction does noc create a new build-
                   in*, structure, facility, or installation
                   from which there  is or may be a dis-
                   charge \of pollutants but otherwise
                   alters, replaces, of adds to existing
                   process or production equipment.
                     (3) Construction of a new source as
                   defined as. $ 132.3 has  commenced  if
                   the owner ^or/operator has: (1)  Begun.
                   or caused to/begin as pan a continu-
                   ous on-site jranstruction program:
                     (A) Any/placement, assembly, or In-
                   stallation of facilities or equipment: or
                     (B) Significant site preparation work
                   including clearing, excavation,  or re-
                   movsi of existing buildings, structures.
                   of {acuities which Is necessary  for the
                   placement, assembly, or installation  of
                   pew source facilities or equipment: or
                   / (U) Entered  a .binding  contractual
                 /'obligation for the purchase  of facul-
                   ties or equipment which are intended
                   to be used on its operation within a
                   reasonable time. Options to  purchase
                   or contracts which can be terminated
                   or modified without-substantial loss.
                   and contracts for  feasibility, engineer-
                   ing, and design studies do not consti-
                   tute  a contractual obligation  under
                   the paragraph. CSee Note 1 af this sec-
                   tion.]                  ,
                     (c) Revairement for an'Environmen-
                    tal Impact Statement. (1) The Issuance
                   of an NTOES permit to new source:
                     (I) By  EPA may be a major Federal
                    action significantly affecting the qual-
                    ity of the human environment within
                    the meaning of the National Environ-
                    mental Policy Act of 1969 (NEPA).  33
                    U.S.C. 4321 et seq. and is subject to the
                    environmental  review  provisions   of
                    NEPA as set out in 40 CFR  Part  a.
                    Subpart F. EPA will determine wheth-
                    er  an Environmental  Impact State-
                    ment   (EIS)   Is   required   'Jnder
                    ; 122.21(10 (special  provisions tort ap-
                    plications from new sources)  and\  40
                    CFR Part 8. Subpart F:           \
                     an By an NPDES approveo Staceys
                    not a Federal  action  and  •.nerefoie

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        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                       '.VASHi-GTCN  D C.  2Ci50
                                                      office of
                                                       WATER
MEMORANDUM

SUBJECT:  Final General  NPDES Permit for Coal Mining Activities
          in the  State of  Kentucky

FROM:     Paul Traina, Director   _
          Water Management Division, Region IV
        I                                      /  •'
TO:    ^""^Martha  G.  Prothro,  Director
        fr Permits Division (EN-336)     (
                                                            £r.~
     As we discussed  in  our  conversation of  January  11 /  1983,
the Permits Division  has reviewed the final  general  permit  fc
coal mining activities proposed by the State of  Kentucky.
Although we did  not receive  a copy of the fact sheet or  public
comments, we  find  the permit consistent with the NPDES regula-
tions, the Kentucky approved program, and promulgated national
standards.  A copy of the permit with marginal notations anc
cover comments  is  attached for your information.

     Fc-emcst,  the Division  of Water (DOW) has retained  the
appropriate permit authorities and activities throughout.   *e _
concur with the  decision by  the State to cover new sources  ar.c
"he appropriate  standards and conditions for coverage c. new
sources  have  been  integrated into the permit.  T..e perni,.
indicates monitoring  data and reports are to be submit ed.o
-he Division  of  Surface  Mining Reclamation and enforcement.
The permit  fact sheet should explain DOWs_role anc how  tr.is
is consistent with the  division of responsibilities in the
Kentucky program.

     Our comments  also note that the final permit contains  t~:
more stringent provisions: one governing e.-luer.. sanv.-n.  ...
 that these provisions
 achieve compliance  and  that  similar  previsions  sr.su

-------
                         - 2 -
considered for all coal mine NPDES permits.  Similarly, the
-equirement that dischargers, which have not been previously
permitted, advertise public notice of intent to be covered
under the general permit is exemplary and should oe incorporated
into all general NPDES permits.

     Thank you for the opportunity to comment on this  important
permit.  If the Permits Division may be of further assistance,
please feel free to call me  (FTS 755-2545).
Attachment

-------
JACKIE SWIGART                            i^'  jr1.   <-!                            JOHN
                                   COMMONWEAI.-H OP KENTUCKY
               NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET
                        DEPARTMENT FOR ENVIRONMENTAL PROTECTION
                                       POST BOONS PI^ZA
                                         1 8 REIU.Y ROAO
                                   FRANKFORT. KENTUCKY AO6O1.
                                        PEC 15
                 NO. 73604              "
       KETURN RECEIPT REQUESTED
      Mr. Paul J. Traina, Director
      Water Management Division
      United States Environmental Protection Agency
      Region IV
      345 Courtland Street
      Atlanta, GA  30365
                                                Re:  Proposed Final General Permit for
                                                    Coa] Activities in Kentucky
      DearJiliv-Tfaina:
                 Enclosed  is  the  proposed  final  KPDES General Permit  for  coal  mining
      activities for your review.  In accordance  with  Section  HI, subsections c(3)  in  the
      Memorandum  of  Agreement  between  the  Commonwealth  of  Kentucky  and  the
      Environmental Protection Agency, the  Division of Water will issue the General  Permit
      after 15  working days unless the Division receives any formal objections from your agency
      authorized under 402(d) of the Clean Water Act.

                 If you have any questions, please contact  Doug AJlgeier or myself at (502) 554-
      3410.
                                                Sincerely,
                                                Richard T. Shogre
                                                Director
                                                Division of Water
      RTS:JH:sjm

      Enclosure

-------
                 GENERAL PERMIT FOR COAL MINING
                     IN THE COMMONWEALTH OF KENTUCKY

                   AUTHORIZATION TO DISCHARGE UNDER THE
            KENTUCKY POLLUTANT DISCHARGE ELIMINATION SYSTEM


In compliance with the provisions of the Kentucky Revised Statutes Chapter  224 the
following types of discharges are authorized:

    Active Mining Areas, Post-Mining Areas, Coal Preparation Plant  Associated Areas,
    and Coal Refuse Disposal Piles;

as defined in 40 CFR Part  434, Subpart A as incorporated by reference under 401  KAP.
5:065, Section 4.

Only dischargers specifically defined above and which have:

    (1)    satisfied the application requirements of this general permit,

    (2)    obtained a valid Permanent  Program Mining Permit under KRS Chapter 250,
          and

    (3)    not been  required by the Permit  Issuing Authority to apply for an individual
          permit,

are authorized to discharge by this general permit.

The receiving waters for the discharged), described in the permit application submitted
pursuant  to  KRS Chapter 350,  are  located within  the  political boundaries  of tSe<
Commonwealth of Kentucky, and the permittee is authorized to discharge in accordance
with effluent limitations, monitoring requirements and other conditions set forth  in  Parts <
I, n and ffl hereof. The permit consists of this cover sheet; Part L  13  pages; Part  H, '
pages; and Part HI, 4 pages.

This permit shall become effective on (date published as final).

This permit and the authorization to discharge shall expire at midnight, (5 years after the.
effective date).
Date Signed                           Richard T. Shogren. Director
                                       Division of Water
                                       Natural Resources and Environments.!
                                       Protection Cabinet

-------
                                                                                                                       I'm I  I
                                                                             I"  "  .              V
A. i-n i.ui.n r LIMITATIONS AND MONITORING REQUIREMENTS:  EXISTING SOURCES AND NEW DISCHARGERS

1.    During the period beginning on (he effective (lute of this permit and lasting through the expiration date of this permit, the permittee i.'
     authorized to discharge from all point source discharges associated with:
Active Mining Areas

 Underground workings of underground
      mines, commingled and not commingled;
 Surface mine drainage, controlled and
      non-controlled;
 Steep slope and mountaintop removal .areas;
                                                            Coal Refuse Disposal Piles

                                                            Coal Preparation Plant Associated Areas
f
|
                                                           Post Mining Areas
                                                              Underground mine drainage
                                                                                          I
                                                                                          |
                                                                                               £.<#/! t'W
us described in (lie Permanent Program Regulations for Surface Mining and Reclamation Operations.
linc.lt discharge shall l>e limited and monitored by the permittee as specified below until the Phase I reclamation bond relense is obtained, .0 standard units and .shall not cause the receiving wnter p|T.i)o
                more (him one (I) unit over o period of 21 hours. For alternate effluent limitiitions for pll, sec Part I, 11.3.        f
                                                                                                                         \^*"
      'I here • hidl lie no diselifir|;e of flon(in|; :
-------
                                                                                                                        I'/ll I I
                                                                        .
                                                                   __ _     v»v.  ,                    ,

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS: / NEW SOURCE ^ND RENEWAL Or^EXPIHEO NEW SOURCE PERMIT!

2.    During the period beginning on the effective date of this permlfand lasting through the expiration date of this permit, tlic permittee is
      nuthori/.ed to discharge from all point source discharges associated witlu
Active Mjiilng Areas

 Underground workings of underground
      mines, commingled and not commingled;
 Surfnce mine drninoge, controlled and
      non-controlled;
 Steep slope mid mountaintop removal areas;
                                                            Coal Refuse Disposal Piles

                                                            Coal Preparation Plant Associated Areas
                                                            Post Mining Areos            ~1
                                                                Underground mine drainage I
                                                                                                 .
                                                                                                 ll and the totfil iron conccnlralion of the influent or untreated effluent.
      The pll i.lmll not l»e less limn 6.0 stundiicd units nor ((renter  than 9.0 s-tfiiKltinl units and shall not cause the receiving water pll to
      flui'lu/ile more Hum one (I) unit over n period of 21 hours,  l-'or alternate effluent Hut itut ions- for pll, seu l'»rl I, II. .'I.
* * *
       Then: shnll he no disch»ri;i! of flontiit); solids or visihlc foam in other than Inieo ninounl.s.
       I or utonitorini; nitd r<:\»oi tiii(; r«i|uirements, see Pnrt I.I).

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A. EITLUENT LIMITATIONS AND MONITOIIING HEQUIUEMENTS:  RECLAMATION AURAS                 Pnrt I
                                                                                                         Page 1-3

3.   During the period following (he Phnse I reclamation bond release and lasting through cither the expiration date of this permit or until fii
     bond releiisc, the permittee is authorized to discharge from all point source discharges associated with reclamation ureas as described it
     the Permanent Program Mining Permit under KIIS Chapter 350.  Where discharges from reclamation areas are commingled with 
 **   pll                                                                                               1/monlh           (inil)



 *      lor alternative effluent limitations during precipitation events, see Part I, B.2.(d).
 * *    The pll shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall not cause the receiving water pll to
       f liiclu/il c ninre limn one (1) unit over a period of 24 hours.

       'I here .sliull be  no discharge  of floating solids or visible foam in other than trace amounts.

       I or monitoring and reporting requirements, sec Part 1. 1).

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                                                                   Part I
                                                                   Page 1-4
B.  OTHER REQUIREMENTS

    1.     Where waste  streams from any facility covered by  this General Permit ar°
           combined  for treatment  or  discharge  with  waste  streams from  another
           facility, the concentration of each  pollutant in the combined discharge  rr.ay
           not exceed the most stringent limitations for that pollutant applicable to =.ny
           component waste stream of the discharge.

    2.     Alternate  Effluent Limitations during Precipitation Runoff (See Table 1 fcr  a
           summary of requirements under this  paragraph.)

           (aXl)   The alternate limitations specified in paragraph (a)(2) of this section
                  apply with respect to:

                  (i)  All discharges of alklaline mine drainage except discharges fro—.
                      underground   workings   of  underground  mines  that  are  net
                      conringled with  other   discharges eligible  for  these  alternate
                      limitations;

                  (ii) All discharges from "steep slope areas,  (as  defined in 405 KAR
                      7:020 (113) and 8:050 (5) of the Permanent  Program Regulations/
                      and from mountaintop removal operations (conducted pursuant  to
                      405 KAR 8:050 (4) of the Permanent Program Regulations); and

                  (Ui) Discharges from preparation  plant associated areas (excluding
                      acid mine drainage from coal refuse disposal piles).

             (2)  Any discharge or  increase in the volume of a discharge caused by
                  precipitation within any 24  hour period less than or equal to the 10-
                  year, 24-hour precipitation  event  (or snowmelt  of equivalent volume)
                  may comply  with the following limitations instead of the otherwise
                  applicable limitations:

             EFFLUENT LIMITATIONS DURING PRECIPITATION RUNOFF

               POLLUTANT OR
               POLLUTANT PROPERTY            EFFLUENT LIMITATIONS

                 Settleable Solids                  0.5 ml/1 daily maximum
                 pH                                6.0 - 9.0 at all times

           (b)    The following alternate  limitations apply with respect  to acid  or
                 ferruginous discharges from coal refuse disposal piles:

                 Any discharge or  increase  in the volume  of a  discharge caused  by
                 precipitation within any 24 hour period greater than the 1-year 24-hour
                 precipitation  event, but  less  than or equal  to  the  10-year  24-hour
                 precipitation event (or snowmelt  of equivalent  volume)  may ccrr.piy
                 with  the  following limitations instead of  the   otherwise applicable
                 limitations:

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                                                      Part I
                                                      Page 1-5

  EFFLUENT LIMITATIONS DURING PRECIPITATION RUNOFF

      POLLUTANT OR
      POLLUTANT PROPERTY          EFFLUENT LIMITATIONS

      Settleable Solids                  0.5 ml/1 daily maximum
      pH                              6.0 - 9.0 at all times

(c)    The following  alternate  limitations  apply  with respect  to  acid  or
      ferruginous  mine drainage, except for discharges addressed above in
      paragraph  (a)  (mountaintop  removal and  steep  slope  areas),  and
      discharges addressed below in paragraph (d) (controlled surface  mine
      discharges) and paragraph (f) (discharges from  underground workings of
      underground mines):

      (1)  Any discharge or increase in the volume of  a discharge caused by
           precipitation within _any 24 hour period less than or equal to the 2-
           year,  24-hour  precipitation event  (or  snowmelt or  equivalent
           volume) may comply  with the following limitations instead of the
           otherwise applicable limitations:

  EFFLUENT LIMITATIONS DURING PRECIPITATION RUNOFF

       POLLUTANT OR
       POLLUTANT PROPERTY          EFFLUENT LIMITATIONS

       Iron (total)                        7.0 mg/3 daily maximum
       Settleable Solids                  0.5 ml/1 daily maximum
       pjj                         '     6.0 - 9.0 at all times

       (2)  Any  discharge or increase in the volume  of  a discharge caused by
           precipitation within any 24 hour period greater than the 2-year, 24-
           hour precipitation  event, but less than or  equal to the 10-year, 24-
           hour precipitation  event  (or snowmelt of equivalent volume) may
           comply with the  following limitations instead  of the  otherwise
           applicable limitations:

   EFFLUENT LIMITATIONS DURING PRECIPITATION  RUNOFF

       POLLUTANT OR
       POLLUTANT PROPERTY          EFFLUENT LIMITATIONS

       Settleable Solids                   0.5 ml/1 daily maximum
       _jj                               6.0 - 9.0 at all times

 (dXl) The alternate limitations specified  in paragraph (d)  (2) of  this section
       apply with  respect to all  discharges  described in  paragraphs (a). it>.< anc
       (c) of this section and to:

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                                                                      Jj
                                                            Part I
                                                            Page 1-6

           (i)  Discharges of acid mine  drainage  from underground workings  c:
               underground  mines which is  commingled with  other  Discharge;
               eligible for these alternate limitations;

           (ii) Controlled acid surface mine discharges; and

           (iii) Reclamation areas.

        (2) Any discharge or'increase in the volume of a  discharge caused  by
           DVecipitaticJr within  any 24 hour period greater than the 10-year, 24-
           hour  precipitation  event  (or snowmelt  of equivalent volume) may
           comply with the following limitations:

        EFFLUENT LIMITATIONS DURING PRECIPITATION RUNOFF

                         OR
                         PROPERTY          EFFLUENT LIMITATIONS
            pH         "'                   "   6.0. - 9.0 at all times

      (e)    The  operator  shall have  the  burden of proof that  the  discharge  c:
            increase  in discharge was caused by the applicable precipitation eve.-:
            described in subsections a,b,c,  and d.  This could be in the form  01
            orecioitation data, weir  flow measurements,  dated photographs,  or
            SStJat proof  of record.  This  information shall be submitted  with
            the  Discharge  Monitoring  Report  (DOW DMR-01)  at the end of  the
            quarterly monitoring period.

      (f)    Discharges of mine drainage from  underground workings of underground
            mines which  are not  commingled with  discharges eligible for  the
            alternate limitations shall in no  event be eligible  for tne alternate
            limitations set forth in this section.

3     Where application of neutralization and sedimentation  treatment technology
      result  to  an inability  to  comply  with  the otherwise appucble  .^ngMese
      limitations,  the  permittee  may request that  alternate  pri  hm:ta^o..s  D
      wavedby the Division of  Water.  Such request shall  be documentec  a
      writing to the  Division  of Water and shall include sufficient effluent data  .a
      pH and  manganese to demonstrate the actual pH required to insure compliance
      with the manganese limitation.

4 "    Consistent with 401  KAR  5:031, Section SttXh), the in-stream daily average
      total iron concentration will be limited to 3.5 mg/1 on low flow steams *ne-
      It can be demonstrated by the permittee that there will be no damage ;o .he
      aquatic community.   Further, when  it  can  be,  demonstratei  .h-. ^
      background levels of total iron exceed  the applicable cruer:a. ».«: ?e-—" :
      shall not increase the  in-stream total  iron concentration  asove back£.-u,-
      concentrations; and,  as a minimum  must be in compliance  with the  r.urr.s..—
       effluent limitations contained in  Part I, A.I. and A.2.. as appropriate.

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ACID MINI, DKAINACK
                                                              TAD Mi 1
                                     ALTI-; UN ATI-. STORM LIMITATION'S FOR PAGES 1-1, 1-2 nnd 1-3

                                                               PRECIPITATION  EVENT    }

                                     Dry Weather   („)         1-yr, 24-hr       2-yr, 24-hr      10-yr, 24-hr
                                      Manganese
                                      TSS, pi I, Iron
I.  Discharges from underground
   workings of underground
   mines - nol commingled

2.  Discharges from underground
   working;; of underground
   mines - commingled

:i.  Controlled surface  mine
   drainage (except stoop slope
   mid inountiiinlop removal)
 I.  lion controlled surface mine        Manganese     (c)
(NO ALTERNATE LIMITATIONS)
                                                                  TSS, pll, Iron, Mnngnnese
                                                                  TSS, pll, Iroit, Mnngnnese
    (n)  I M i'li;n |,i' ci'irird l>y pi (!ci|)itnti()M
        Acidilv/Mllciljniiy limiliilion not ii|)|>licnl)le dwiiijj prccipitntion events
                                    pll
                                    pll
                                                                                                                      I'll! i  I
                                                                                                                      l'ii|',r I  V
drainage (except
and monntainlop
j. Discharges from
i. 1 Hseh.'irgcs from
and in fiiiol ii inlop
. Discharges from
assneii.l cd areas
refuse piles)
,1,1: \ i.inr, Mini: D
I:<:I.AMA nun AK

steep slope
removal)
cod refuse
sleep slope
removal areas
preparation plant
(o> chiding
It A !i If • !i(«!)

TSS, pll, Iron
TSS, pll, Iron,
Mnnganese
TSS, pll, Iron
Manganese
TSS, pll, Iron
TSS, pll, Iron
SS,
pll, Iron
Manganese
SS,
SS,
SS,
SS,
pll
pll
pll
pll
i
SS, pll
SS, pll







pll
pll
pll
pll
pll
pll

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                                                                   Part I
                                                                   Page 1-8
C.  SCHEDULE OF COMPLIANCE

    1      The permittee shall attain compliance with effluent limitations as delinea- :
           in Part 1, A., on the effective date of this permit.

           If the oermittee has not previously submitted maps on which each discharge -2
           identified by number and located on a DSGS topographical map (or equiva.^:;.
           such maps  shall be submitted to the Division of Water_withm 30 oays c: the
           effective date of this permit.

 D.  MOKTTORING AND REPORTING

     1     Samples and measurements taken as required herein shall be representative cf
           the volume and nature of the monitored discharge. All samples shall be .axe.-.
           at the monitoring points specified in this permit.  Monitoring points shel.  no:
           be changed without notification to and the approval of the Division of Water.
     2 -     Samples taken in compliance with the monitoring requirements specified  in
            Part I shall be taken at the following location(s):  At the farthest or las: su:
            control structure or  dam utilized for water pollution control treatment sr.cr
            to discharge or mixing with the receiving waters.

     3      Normal sampling shall for pages 1-1 and 1-2 be performed  on  the same two
            wortong dm each month. These two sampling days shall be the second anc
            fourth Wednesday of each  month  unless  other  days are  approved by the
            Division of Water subsequent to a specific written request by the discharger.
            However, the first time each month a precipitation event or  pumpage causes a
            significant  discharge on  a workday before either  of  the  scheduled  sampling
            daysT the sampling must be conducted within twelve (12) hours  following the,
            event and prior to cessation of discharge. Data from the precipitation even:
            shall be submitted in lieu of the data from the next scheduled sampling cay of
            that month.  A total of two samples shall be collected each month on either
            the two  schedules  sampling  days or on the  first  precipitation event o.  Jie
            month and the subsequent scheduled sampling day.  (For permittees electing  ~
            utilize  the  alternate limitation for  precipitations  event, see  acci.iona!
            monitoring requirements in paragraph 5 below).

      4     For reclamation areas, normal sampling shall be on the fourth Wednesday  of
            each  month for  the first eight (8) months.  After this period normal sampling
            shall  be on  the  eighth Wednesday each quarter.  However, the .irst time eacr
            samoline period a precipitation event or pumpage cause a significant  discnarge
            on  a workday  before  the  scheduled  sampling day,  the sampling  must   be
            conducted  within twelve (12) hours following that event and prior to cessation
            of discnarge. Data from theprecipitation event shall be submittec in ne- e.
            the scheduled sampling day. Sampling on another day may be approved by  .he
            Division of Water subsequent to a specific written request  by  the ciscnar^
  ,w—-**•   Once a month  sampling may be required  for  a pence.  longer tnar.  ei?~-^_
  n nwre,   months, if prior sampling  shows  problems  with compliance  to applies
       :«•  limitations, as requested by the DSMRE regional office.

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                                                                    Part I
                                                                    Page I-S

    5.     The first time  each month the  precipitation  exemption  in  Part  I, B;2.  is
           utilized,  one sample must be taken for  each pollutant parameter identified  in
           Table 1  within twelve (12) hours following the precipitation event and prior  :c
           cessation of discharge.   However  one (1)  additional sampling within twer.:y-
           four(24) hours after cessation of discharge due  to the precipitation event win
           be required for  the effluent parameters identified in Part I, A.I., or A.2.,  as
           appropriate. If  the sampling day occurs on a weekend or holiday (non-workir.g
           day),  the sampling may  be delayed until  the next  significant rainfall  event.
           Sampling required by this subsection  shall be in  addition  to  the  sampling
           frequency specified in Part U A.I., A.2., or A.3. ["Monitoring results and proof
   }        that the discharge or increase in discharge wasTsausec  py  a  10-year, 24-hour
•K-i <\ae»^    storm eventjnust be submitted with the Quarterly  monitoring report for tr.at
    '       month.   Failure  to submit the  necessary information with the preserved"
71   I       quarterly monitoring report wui Qisquauiy the oiscnarger  trom utilizing the"
    "^     alternate limitation.'

    6.     Monitoring  results obtained  during  the  previous  three (3)  months shall  be
           summarized for each -discharge for each  month and reported on a Discharge
           Monitoring  Report Form (DOW DMR-01), postmarked no later than the 2Sth
           day of the  month following the completed reporting period.  Signed forms  as
           we'll as all  other reports required herein  shall be submitted to" trie appropriate^
           Department for  Surface Mining. Reclamation ana  enforcement.  RegaonaT
    t)     Office for  your operation.  All forms  and reports  shall meet the signatories
    4*>     requirements of 401 KAfi. 5:060, Section 3.

     DEFINITIONS
 I
     1.     DaDy  average   concentration:    The  arithemetic average  of  all  sample
           concentrations  made during a calendar  month.

     2.   •  Daily maximum concentration: The daily determination of  concentration as an
           instantaneous maximum that cannot be exceeded by any  sample.

     3.     Calendar day:  For the purpose of this permit a calendar day is defined as any
           24-hour period.

     4.     Grab sample:   A single  influent  or  effluent portion collected in less than 15
           minutes at the  period most representative of the total discharge.

     5.     Active  mining  areas:   The areas on  and beneath  land, used or disturbed in
           activity related  to the extraction, removal,  or  recovery of  coal from  its
           natural  deposits.  This term excludes coal preparation plants,  coaj preparation
           plant associated areas, and post-mining areas.

     6      12  and  10-year,  24-hour  precipitation events:  The  maximum  24-hour
           orecioitation event with a probable recurrence interval  of  once  in 1. 2. and 10
           vears respectively, as  defined by the  National Weather Service enc lecnnical
            Paper  No.  40, "Rainfall  Frequency  Atlas  of  the  U.S.,  May 1951-,  and
            subsequent amendments or equivalent  regional rainfall  probability inforrr.af.cn
            developed  therefrom.

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                                                               Part I
                                                               Page I-i 0

7.    "Phase I reclamation bond release:  The release by the State of a portion of the
      performance bond after the following work has been completed:  backfilling,
      regrading,  top  soil  replacement,  drainage control  work,  including   soil
      preparation, regrading, seeding, planting and mulching in accordance with the
      approved reclamation plan.

8.    Final bond release:  The release by the State of a reclamation or performance
      bond based upon its determination that reclamation work  (including,  in the
      case of underground mines, mine sealing and abandonment procedures) has
      been satisfactorily completed.

9.     Permit Issuing Authority: Commonwealth of Kentucky, Natural Resources and
       Environmental Protection Cabinet, Division of Water.

10.    Mine  drainage:  Any drainage, and any water pumped or siphoned, from an
       active mining area or a post mining area.

11.    Post-mining area:  (If -A reclamation area  or, (2)  The underground workings of
       an underground  coal mine after the extraction,  removal, or recovery of  coal
       from its natural deposit has ceased and prior to final bond release.

12.    Reclamation area:   The surface  area of a coal mine which has received the
       Phase I reclamation bond release  from the state.

13.    Settleable Solids:  That  matter measured by the volumetric method specified
       in Part 1, F.2.

14.    Coal  preparation  plant:   A facility where coal  is  subjected to cleaning,
       concentrating, or other processing  or preparation  in order to separate  coal
       from its impurities and then is loaded for transit to a consuming facility.

15.    Coal  preparation  plant  associated  area:   The  coal preparation  plant yards,
       immediate access roads, coal refuse piles, coal storage  piles, and coa] handling
       facilities (tipples).

 16.    Coal preparation plant water circuit: All pipes, channels, basins, tanks, anc all
       other structures and equipment  that convey, contain, treat, or  process a.ny
       water that is  used in coal preparation processes  within a coaJ  preparation
       plant.

 17.    The terms "treatment facility"  and "treatment  system" mean all structures
       which contain, convey, and as necessary,  chemically or physically treat coal
       mine drainage, coal preparation plant process  wastewater  or drainage  from
       coal preparation plant associated areas which remove pollutants  regulated :n
       Part I from such waters. This includes all pipes, channels, ponds,  t>asir.s. tanks
       and all other equipment  serving such structures.

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                                                                Par: I
                                                                Page 1-1 1

18.   Underground  workings of an  underground mine:   The underground  workings
      include underground shafts, adits, underground support facilities, etc., of a.n
      underground  mine  but excludes  surface disturbances  associated  with  *.r.a
    . underground mine.

19.   New source coal mine:   A coal mine (excluding coal preparation plants  and
      associated  areas), including an  abandoned mine which is  being re-mined, on
      which construction is commenced after\May  29, 1981/or which is determined
      by the Division of Water to be a "major aneraQoR" as defined in Pari 1 £.(20).
                                                            "
20.    Major alteration:  A coal mine for which the Division of Water determines that
       a new, altered or increased discharge of pollutants has occurred after May 2S.
       1981, in connection  with the  mine for  which the KPDES permit is  being
       considered.  In making this determination, the Division of Water shall  take into
       account one or more of the following events:

       (a)     Extraction of a. coal seam not previously extracted by  that mine;

       (b)     Discharge into  a drainage  area  not previously affected by wasteweter
              discharge from  the mine;

       (c)     Extensive new surface disruption at the mining operation;

       (d}     Construction of a new shaft, slope, or drift; and

       (e)     Such other  factors as the Director of  the Division of  Water  deems
              relevant.

21.    New Discharger -  means a coal mine:

       (a)     From  which there is  or  may* be  a  new  or additional  discharge  or'
              pollutants  at  a site at whilch on  October 18, 1972,  it  had  never   --
              discharged  pollutants; and   '         f\ ^ ^ s ^ •"$,'"> 7<>
       (b)     Which has never received a finally effective KPDES or  NPDES perir.it
              for discharge at that site; and

       (c)     Which is not a new source.

 22.    Existing source  coaJ  mine:   A  coal  mine  which  the  Division  of Water
       determines is not a "new source" or a "new discharger".

 23.    Coal refuse disposal pile:  The term "coal refuse disposal pile" means  any coal
       refuse deposited on the earth and  intended as permanent disposal or long-term
       storage (greater than 180  days) of such  material, but does not  include ccal
       refuse deposited within the active mining area or coal refuse never removed
       from the active mining area.

-------
                                                                  Parti
                                                                       1-12
    24.    Controlled surface  mine  discharge:   The  term  "controlled surface  mine
          drainage" means  any discharge that is pumped or siphoned from the active
          mining area.
    25.    Abandoned mine:  The term "abandoned  mine" means a mine where minir.g
          operations have occurred in the past and
          (a)    tne applicable reclamation  bond  or financial  assurance has  been
                 released or forfeited, or
          (b)    if no reclamation bond or other financial assurance has been posted, no
                 mining operations have occurred for five years or more.
    26.   Acid  or  ferruginous mine  drainage:   mine  drainage which,  before any
          treatment, either has a pH of less than 6.0 or a total  iron concentration  equal
          to or more than 10 mgA*
    27.   Alkaline mine drainage:  mine drainage which, before any treatment,  has a ?H
          equal to or more  than -6.0 and a total iron concentration of less than 10 mg/1.
F.  TEST PROCEDURES
    1.    Test procedures for the analysis of  pollutants shall conform to all regulations
          published pursuant to KRS 224.033, (401 KAR 5:063 Section 1(10)).
    2.    Test procedures for the determination of settleable solids shall conform to 40
          CFR 434.64 as adopted by  401 KAR 5:065, Section 4.
G-  RECORDING O-F RESULTS
    For each measurement  or  sample taken pursuant to the requirements of this perrr.it,
    the permittee shall record the following information:
    1.    The exact place, date, and time of sampling;
    2.    The person(s) who obtained the samples or measurements;
    3.    The date(s) the analyses were performed;
    4.    The person(s) who performed the analyses;
    5.    The analytical technique(s) or method(s) used; and
    6.    The results of all required analyses.

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                                                                   Fart I
                                                                   Page 1-13

H.  ADDITIONAL MONITORING BY PERMITTEE

    If the permittee monitors any pollultant at *he location(s) designated herein mere   ,_
    frequently  than required by this  permit,-Cusing approved  analytical  methods  as — ^
    specified above\ the results "of such monitoring shall be included in the  calculatisn   "
    and reporting of the values  required in the Discharge Monitoring Report Form (DOW
    DMR-01).  Such increased frequency shall also be indicated.

L   RECORDS RETENTION "  .

    The permittee shall maintain records of all monitoring including:  sampling dates and
    times, sampling methods used, persons obtaining samples or measurements, analyses
    dates and  times,   persons performing  analyses,  and results  of  analyses  and  ^
    measurements. {Records shall  be maintained for three years or longer if  there is 'V
    unresolved litigation or if requested by the Division of Water:                      "" >
                                                             r-i                       -•
J.  REOPENER CLAUSE       --.._.

                                     /            /           *   -  /•        •
           This permit shall be modified, or alternatively revoked and reissuec, to com?:y
           with  any applicable effluent  standard or limitation issued or_aDDroved under
           Kentucky Revised Statutes Chapter 224,  if the  effluent standard or limitation
           so issued or approved:
            (1)    Contains different conditions or is otherwise more stringent than any
                  effluent limitation in the permit; or

            (2)    Controls any pollutant not limited in the permit.

     The permit as modified or reissued under this paragraph shall also contain any  other
     requirements of KRS Chapter 224 then applicable.

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                                                                    Part U


                                      PABTII

A.  MANAGEMENT REQUIREMENTS

    1.     Discharge Violations

           All  discharges authorized  herein  shall be consistent  with the  terms  arc
           conditions of  this permit.  The discharge of any pollutant more  frequently
           than, or at a level in excess of, that identified and  authorized  by this permit
           constitutes a  violation  of the  terms and conditions of  this permit.  Such  a
           violation may result in the imposition of  civil and/or  criminal penalties as
           provided in KRS 224.994, and 224.995.
    _      _.     ..—.•,       o£/Wl£^ G-"» b~UL. t^siA-oJ*-  /5B*"V**T~ '.
    2.     Change in Discharge-oi*\j  «-.   ».   -L.fi, '^-4 ^n-^J  -i'/*^ —• ^v'
                                i  t^hteL  C*A&,«i6£0 UA ••ti.uA<*o  *vcT ,
                                             u           •                     '„'
           Any  anticipated  facility  expansions,  production  increases,  or  process
         .  modifications  which will results in new, different, or  increased discharges o;
           pollutants must be included in a valid Permanent Program Mining Perr.it prior
           to commencement  of  such discharge.  'Any  other activity  which would
           constitute cause for modification or revocation and  reissuance of this perrr.;t.
           as described in Part n, B.4. of this permit, shall be reported to the  Division of
           Water.

    3.     Twenty-four Hour Reporting

           The permittee shall report any noncompliance which  may endanger health or
           the environment within 24 hours from the time  the  permittee becomes aware
           of the  circumstances.  A written submission shall  also be provided within  5
           days  of the time the permittee becomes aware of the circumstances.  The
           written submission shall contain a description  of the noncompliance and its
           cause;  the period of noncompliance, including exact dates and times, and if the
           noncompliance has not  been corrected, the  anticipated time it  is expected to
        .   continue;  and steps  taken or  planned to  reduce, eliminate,  and  prevent
           reoccurrence of the noncompliance.  The Division of  Water may veroally waive
           the written report on a  case-by-ease basis if the oral report has Seen received
           within  24 hours.   The following  violations  shall be included in the  24-ncur
           report  when they might endanger health or the environment:

           a.      Unanticipated  bypasses  which exceeds  any  effluent  limitation ir. the
                  permit.

           b.      Upsets  which exceed any effluent limitations in the permit.

    4.     Other Noncompliance

           The permittee shall report all  instances of  noncompliance not reported  uncer
           Part  I,  C.2.,  Part I, D, and Part E, A.3 at the time monitoring reports are
           submitted. The reports shall contain the information listed in Part U. A.3.

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                                                                Part n
                                                                Page n-2
5.     Facilities Operation
       All wastes collection and  treatment facilities shall be operated in a manner
       consistent with the following guidelines:

       a.     The facilities shall  at all tines  be maintained in a good working order
             and operated as efficiently as possible.  This includes but is  not limited
             to  effective performance based on design facility 'removals, adequate
             funding,  effective   management,  adequate  operator  staffing  and
             training,  and  adequate laboratory  and  process  controls  (including
             appropriate quality  assurance procedures);

       b.     Any  maintenance  of facilities, which  might necessitate  unavoidable
             interruption of operation and degradation  of effluent quality, shall  be
             scheduled during noncritical  water quality periods and carried out in a -
             manner approved by the Division of Water;f                         C'L

       c..    The permittee,' in order to "maintain compliance with this permit, shall
             control production and all discharges upon  reduction, loss, or failure of
             the treatment  facility  until  the facility is restored or an  alternative
             method of treatment is provided; and

       d.     Dilution water shall not be  added to comply with effluent requirements.

 6.     Duty to Mitigate

       The  permittee shall take  all reasonable steps to minimize any adverse impact
       to Waters  of  the Commonwealth  resulting  from noncompliance with  any
       effluent limitations  specified in this  permit,  including such accelerated or
       additional  monitoring  as  necessary  to  determine  the  nature  of  the
       noncomplying discharge.

 7.     Bypass of Treatment Facilities

       a.      Definitions

              (1)  "Bypass"  means  the  intentional  diversion of waste streams from
                  any portion of  a treatment facility.

              (2)  "Severe property damage" means  substantial physical damage  to
                  property, damage to the treatment facilities which causes them  to
                  become inoperable, or  substantial and permanent loss of  natural
                  resources  which  can reasonably  be expected to occur  in  the
                  absence of a  bypass..  Severe  property  damage does not mean
                  economic loss  caused by delays in production.

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                                                              Part n
                                                              Pa^e n-3

     b.     Bypass not  exceeding limitations.  The permittee may allow any bypass
            to occur which does not cause effluent  limitations  to be exceeded, but
            only if it also is for essential maintenance to assure efficient operation.
            These bypasses are not subject to the provisions of paragraphs c and c
            of this section.

     c.     Notice

            (1)  Anticipated bypass.  If the permittee knows in advance of the neec
                for a bypass, the Division of Water shall be given prior notice  at
                least ten (10)  days before  the  date  of the bypass,  including ar,
                evaluation of the anticipated quality and effect of the bypass.

            (2)  Unanticipated bypass.   The permittee  shall submit notice of an
                unanticipated bypass as required in Part  H, A.3. (24-hour reporting;.

      d.    Prohibition of Bypass

            (1)   Bypass  is" prohibited   and  the  Division  of  Watsr, may  t=xe s
                 enforcement action against a permittee for bypass, unless:        /^.<

                 (a)  Bypass was unavoidable to prevent loss of life, persona] injury,
                     or severe property damage;

                 (b)  There were no feasible alternatives to the bypass, such as the
                     use of auxiliary treatment facilities, retention  of untreated
                     wastes, or  maintenace  during normal periods of equipment
                     downtime.   This condition is not  satisfied if the  permittee
                     could have  installed adequate backup equipment to prevent a
                     bypass which occurred  during normal periods of equipment
                     downtime or preventive maintenance; and

                 (c)  The permittee submitted notices  as required under paragraph c
                     of Part n, A.7.

            (2)  The pivision of Water may approve  an antieioaifd  b.y?sss,  after  <
                 considering its adverse effects, U tne  three conditions listed  ia^
                 paragraph d(l) of this section can be met.                       (^~

8.     Upset Conditions

       a.     Definition.  "Upset" means an  exceptional incident in which there is
             unintentional  and  temporary  noncomoliance  with  technology-cased
             permit effluent limitations because of factors beyond the  reasonable
             control of the permittee.   An upset does  not include noncomoliance to
             the extent caused by operational  error, improperly  designed treatment
             facilities,   inadequate   treatment   facilities,  lack  of   preventive
             maintenance, or careless or improper operation.

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                                                              Part n
                                                              Page n-4

      b.     Effect of an upset.  An upset constitutes an affirmative defsr.se 10 an
            action  brought  for  noncompliance  with  technology-based  pe.-r.::
            effluent limitations if the requirements of paragraphs c of this section
            are  met.   No  determination  made during administrative  reviev.  of
            claims  that noncomoliance was caused by upset, and before an ac;.:r.
            for noncompliance, "is  final administrative  action  subject  to  juc: :;i.
            review.

      c.     Conditions necessary for a demonstration of upset. A permittee who
            wishes  to establish the affirmative defense of upset shall demonstrate,
            through properly signed, contemporaneous  operating  logs, or other
            relevant evidence that:

            (1)  An upset occured  and that the permittee can identify the  specific
                 cause(s) of the  upset;

            (2)  The permitted facility was at the  time  being properly cperatec;
                 and

            (3)  The permittee submitted notice of the upset as required in Par: E,
                 A.3.

            (4)  The permittee compiled with any remedial measures required under
                 Part n, A.6.

      d.     Burden of proof.  In any enforcement proceeding the permittee seeking
             to establish the occurence of an upset has the burden of proof.

9.     Removed Substances

      This permit does not authorize discharge of solids, sludges, filter backwash, or
      other pollutants removed in the course of treatment or control of wastewaters
      to Waters of the Commonwealth unless specifically limited in Part I.

10.   Power Failures

      The permittee is responsible  for maintaining adequate safeguards to prevent
      the discharge of untreated or inadequately treated  wastes  during electrical
      oower failures either by means of alternate power sources, standby generators
      or retention of inadequately treated effluent.  Should the  treatment works not
      include  the above  capabilities at time of permits issuance, the permittee must
      furnish  within  sixty days  to the  Division   of  water,  for  approval,  an
      implementation    schedule    for   their    installation,   or   oocumentation
      demonstrating that such  measures are not  necessary  to  prevent discr.arge  01
      untreated or inadequatelv treated wastes.  Such documentation shah induce
       frequency and duration of power failures and an estimate of retention capacity
      of untreated effluent.

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                                                                      Part H
                                                                      Pag-e n-5

  B.  RESPONSIBILITIES

      1.     Inspection and Entry

             The  permittee  snail  allow  the  Division   of  Water,   or  an   author:tv
             representative, upon the presentation of credentials  and other documents  =i
             may be required by law, to:

             a.     Enter  upon the  permittee's premises  where  a regulated facility  cr
                   activity is located or conducted, or where records must be kept under
                   the conditions of this permit;

             b.     Have access to and copy, at reasonable times,  any records that must oe
                   kept under the conditions of this permit;

             c.     Inspect  at  reasonable  times  any  facilities,  equipment   (inducir.g
                   monitoring and control equipment),  practices,  or .operations  regulatec
                   or required under this permit; and  -

             d.     Sample or  monitor at reasonable times, for the purposes of assuring
                   permit compliance or as otherwise authorized by the KRS 224.033, ar.v
                   substances or parameters at any location.

      2.     Transfer of Ownership or Control

             A permit may be transferred to another party under the following conditions:

             a)     The permittee notifies the Division of Water of  the proposed transfer;

             b)     A written agreement is  submitted to the Division of Water containing
                   the specific  transfer  date and  acknowledgement  that the  existing
                   permittee is  responsible  for violations  up  to  that  date and the  new
                   permittee liable thereafter.

             Transfers are not effective  if,  within thirty (30) days of receipt of prcpcsaJ.
            jhe Division of Water disagrees and notifies the current permittee and the  new
             permittee 01 me intent to modify, revoke and reissue, or terminate the perr.it
             and to require that a new application be filed.

      3.      Availability of Reports

             Except for data determined to  be confidential under  KRS  224-.035 all resorts
            prepared in accordance  with  the terms of  this permit shall  be avei'aaie :rr
            puoac  inspection at  the appropriate  regional office  of the Department for
_ \?ja*%x'    Surface Mining, Reclamation and Enforcement.  As required by 401  KAR 5:050
C-*.rr
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                                                                 Part n
                                                                    e n-6
4.     Permit Modification

       After notice  and opportunity  for  a  hearing,  this permit  may  be  modified.
       terminated, or revoked for cause as described in 401 KAR 5:070, Sections  5
       and 7.  ^C^u^o cc-a^e^ce    no  -£*.ft« AJJ  fibrin  c   <*-«  *  <*•*.'*•/.* a  <        -

       If the permittee  believes that any past or planned activity would be cause for
       modification .or revocation and re issuance under 401  KAR 5:070,  Sections  S
       and 7, the permittee  must report such information to theDivision j>f Water.  /;
       The Division of Water may require the permittee to submiTau application for  -
       an individual KPDES permit.  The filing of a request by the permittee for an
       individual permit, does not stay any permit conditions.

5.     Toxic Pollutants

       a.     Notwithstanding  Part H,  B.4  above, if a _ toxic effluent  standard cr
              prohibition (including any schedule  of compliance  specified  in  such
              effluent standard or  prohibition) -is established under  KRS  224.033,
              224.034 or 224.060  for  a toxic  pollutant  which is present in  the
              discharge  authorized herein and such standards or prohibition is more
              stringent  than  any limitation  for pollutant in this permit, this perrr.lt
              shall be revoked  and reissued  or modified in accordance with the toxic
              effluent standard or prohibition and the permittee so notified.

       b.     The  permittee  shall  comply  with effluent  standards  or  prohibitions
              established under KRS 224.033, 224.034 or 224.060 for toxic pollutants
              within  the time provided  in the  regulations  that establish  those
              standards  or prohibitions, even if  the permit  has not yet been modified
              to incorporate the requirement.

 6.     Civil and Criminal Liability

       Except as provided in permit conditions on "Bypassing", Part n, A.7., nothing
       in  this permit shall  be construed  to relieve the permittee  from  civil or
       criminal penalties for noncompliance.

 7.     Oil and Hazardous Substance Liability

       Nothing in this  permit shall be construed to preclude the  institution of any
       legal action or relieve  the permittee from any responsibilities, liabilities, or
     •  penalties, to which the permittee is or may be subject  under KRS 224.060.

       Property Rights

       The issuance of  this permit  does not convey any property rights in either real
       or  personal property,  or  any exclusive  privileges,  nor does it authorize any
       injury  to  private  property  or any invasion of  personal  rirhts.  ncr  any
       infringement of  Federal, State or local laws or regulations.

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                                                                Part H
                                                                Page n-7
9.     Severability
       The provisions of this permit are severable, and if any provision of this permit.
       or the application of any provision of this permit to any circumstances, is he!c
       invalid,  the application of such  provision to  other  circumstances,  and tr.e
       remainder of this permit shall not be affected thereby.

10.    Changes in Discharges of Toxic Substances

       The permittee shall notify the  Division of Water tis soon  as it knows or has
       reason to believe:               "~                '                           ^

       a.    That any  activity has  occurred or will occur which  would result in the
             discharge of any toxic substance(s) (listed at 401  KAR 5:080 Section  5}
             which is  not  limited in  the permit, if that discharge will exceed the
             highest of the following "notification levels":

             (1)   One hundred micrograms per liter (100 ug/1);

             (2)   Two  hundred  micorgrams  per  liter (200 ug/1) for  acrolein ar.c
                  acrylonitrile; five hundred micrograms per liter (500  ug/1)  for 2r  4-
                  dinitrophenol  and   for  2-methyl-4,  6-dinitropheno!;   and  one
                  milligram per liter (1 mg/1) for antimony;

             (3)   Five  (5) times the maximum concentration value reported for that
                  pollutant(s) in the permit application;

       b.    That they have begun or expect to begin to use or manufacture as  an
             intermediate  or final  product or byproduct any  toxic pollutant which
             was not reported in the permit application.

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                                                                    Part III
                                                                    Pa^e ffi-l
A.  ADDITIONAL REQUIREMENTS
    1.     The Division of Water  may require any owner  or operator authorized by the " '
           genera] permit to apply for and obtain an Individual KPTJrlS
           a.     The discharged) is a significant contributor of pollution as determined
                  by the factors set forth at 401 KAR 5:060 Section 8 (3)(b);

           b.     The discharger is not in compliance with the conditions of this permit;

           c.     A  change  has  occurred  in the  availability  of the  demonstrated
                  technology  or practices for the  control or  abatement of pollutants
                  applicable to  the point source;

           d.     New or revised effluent limitation guidelines are promulgated for point
                  sources covered  by this permit;
           e.     A Water Quality Management Plan containing requirements applicble to
                  such point sources is approved; or

           f.     The  point source(s) covered by  this  permit no  longer meet the
                  requirements of 401  KAR 5:055 Section 5 (1).

                  If   Kentucky   water  quality  «?tanri«rH<;   for  any  waters  of  the
                  Commonwealth are  revised,  coverage under the terms  of  this general
                  permit may  be withdrawn  from  any  permittee  and  the permittee
                  required to apply for an individual permit.


     Any  interested person  may petition  the  Division of Water  to require  an individual^C^
     permit under these conditions.

     The Division of Water may require any permittee authorized by this  permit to apply   ^
     for an individual KPDES permit only if the permittee has been notified in writing that   ^
     a permit application is required.

     2.     Individual Permits

           a.     Any permittee authorized  by this permit  may request  to  be excluded
                  from the  coverage of this general permit by applying for an individual
                  permit.   The permittee shall submit appropriate  KPDES application
                  forms together with the reasons supporting the request  to  the Division
                  of Water.

           b.     When an  individual  KPDES permit is  issued to a permittee otherwise
                  subject to this general permit, the applicability of  this permit to that
                  owner  or  permittee  is automatically terminated  on the effective date
                  of the individual permit.

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                                                         Part
                                                         Page
c.    A source  excluded  from  coverage  under  this general  permit solely
      because  it already  has an  individual permit  may request  that  its
      individual  permit  be revoked,  and that it be covered by this  genera.'
      permit.  Upon revocation of the individual permit, this general perrr.;;
      shall apply to the source.
d.     A seal mining operation is excluded from coverage under this genera]
       permit if  it  discharges to  receiving  waters  that  are classified  as
       "Outstanding  Resources Water" by  the factors set forth at 401 KAF.
Application Requirements

a.     For expired NPDES permits, dischargers  desiring coverage under  the
       KPDES general permit are required to submit a notice of intent jo De
       covered by the general permit to the Division  of Vvater.  The notice
       shall include  the name and address of the  operation, the applicable
       NPDES numberXs), the identification of any.new discharge locations  r.c:
       contained  in the expired permit,  and  evidence that  the  operation  r.as
       obtained a valid Permanent Program Mining Permit.  Operators having
       several individual permits are encouraged  to consolidate requests  for
       Coverage  into one notice of  intent  for all individual permits.   The
       previous submission of a renewal application  for an  individual permit
       does not  relieve the  permittee  desiring  coverage under  the  general
       permit of the requirement to file a notice of intent. v

b.     Dischargers having valid NPDES permits that desire coverage under  the
       general permit are required to lile a notice of intent to be covered with
         " Division  of  Water within at least 30  days of  expiration of their
       current  permit(s).   The  notice of  intent shall  contain the  same
       information specified  in paragraph  (a) above.   Permittees desiring to
       retain  their   individual  permits  are  required  to  submit  KPDES
       ApoJieation Forms I and C at least 150 davs before expiration  01 tr.eir,
    ^individual  permits.

c.     Dischargers who  have not  previously obtained a valid NPDES perrr.it
       will  be  required to  submit  a Department  for   Surface  Minir.g
       Reclamation and Enforcement Permanent Program Application in lieu
       of standard Kentucky forms. Such submittals shall be accompanied by a
       notice of  intent to be covered by the general permit  and  sufficient
       information about the discharge(s) to allow" a new source  deterrr.ination
       to be  made.  / Dischargers submitting new Implications  lor  rvr^iiT
       permits inuii.~ilo so at least one-hundred and fifty (150) days before  tre
       date the discharge is to commence.

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                                                                  Part HI
                                                                  Page m-3

         d.      Dischargers  that have  not  previously  obtained a  NPDES permit are
 y  ,           required to advertise public notice of intent to oe covered under tr.e
0*"    .         KPDES  genera]  permit for GOBI  activif.es. _.. PuDiic  Notice  car, pe
*fyP .y-"^"     Incorporated  with  tKe~~T'intent  to  mine" language  of the_J2SM2^5.
' -{f^          Permanent Program Application  or &aver:tsgq"separately."~
 y              - — -- , -

  4.     Notification Requirements

         a.     "Hie permittee shall be the owner of the coal facility  or the leaseholder
                upon  certification  in  writing  to  the  Division  of  Water,  prior  to
                commencement  of operation, and shall certify that he shall assume full
                responsibility for compliance with  this general permit.

         b.     The  permittee  shall notify the  Division  of  Water upon permanent
                termination of discharge(s).

   5.     Authorization to Discharge

         a.     For  holders  of expired  or valid  NPDES permits  that  are  granted
                coverage  under the  general permit,  the permittee is authorized  to
                discharge under terms of the general permit upon receipt of a written
                notification by the Division of Water.
                   ^         «.  .
          b.     Fo£jiew source) new dischargers and coal activities that are not holders
                of an expired or  valid  NPDES permit  granted coverage  under  the
                general permit, the permittee is authorized to discharge upon receipt of
            ^  written notification by the Division of Water and upon  issuance of a
          & ^~  7uny""errectiv'e Permanent  Program  Permit  tnot  a  interim) bv  £HT
                "DepartmehTfor Surface Mining, Reclamation and Enforcement —

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                                                                Part HI
                                                                Page ni-4

6.     Department of the Army, Corps of Engineers Condition                U1-L__.

       The following special condition is applicable to certain coal mining operation;
       which affect anchorage and navigation of  any  waters  of  the United Stater
       which are under the jurisdication of the Corps of Engineers.  The applieasiuv.
       of this eond""n n ^-y^^*"*-*"--"^ will be included in  the written nov.ce
       gom the Division of Water that authorizes discharge under the  general perr:^:.

       The permittee  shall undertake erosion control practices which utilize proper
       sedimentation control measures in order to  minimize resultant sedimentation
       in navigable waters which  occur as a result of discharges from both point and
       non-point sources connected with the overall operations.   The practices will
       apply to existing and  future facilities and activities, and will, at a minimum,
       provide for the control of erosion and runoff from access and haul roads, ccai
       handling structures, utility  right-of-way easements  and excavations.   The
       permittee will  also provide adequate ditching, culverts, sediment traps a.nc
     •  ponds, and other structures or procedures necessary to minimize sedimentation
       in the navigable waterway.   The-Division  of  Water shall  have the  right to
       inspect the sediment  control measures being undertaken oy the permitee =..-.c.
       irT'ittM&uHai.lUiJ wlLK the -U.b.  Army corps of Engineers, direct any adcit;c-£j
       measure  which  are  necessary  to  comply with  the  requirements  of  this
       condition.   Should this discharge result  in  sufficient depostion of  solids
       material  to create  a hazard  to anchorage or  navigation on any navigable
       water, such deposits will be removed by the permittee without expense to the
       United States Government. Further, the time and manner of such removal, as
       well the location and  manner of its  disposal,  must receive the prior written
       approval by the District Engineer of the Corps of Engineers.

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                                                Perr.it No.  r-AG2$COGC
                                                Page 1 of  6
                AUTHORISATION TO DISCHARGE UNDER THE
          NATIONAL  POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance  with  the provisions of the Federal Clean Water Act,  as
amer.c«r: ,  (22 U.S.C.  **1251 et sec.;  the "CV7A"), operators of facilit:
located in Massachusetts, which discharge solely non-contact cooling
water, as defined  in Part II, at a rate of one million gallons per
dav or less  to Class B and C waters as designated in the Kassachuset:
Water Qualitv  Standards, 314 C?'R 4.00 et sec.; are authorized to
discharge to"all  Class B and C waters in accordance with effluent
limitations,  monitoring requirements and other conditions set forth
herein.

This  rerm.it  shall become effective on the date of the signature
below.

This  permit  and the authorization to discharge expire at midnight,
five  years  from date  of  issuance.

""-is  remit  consists  of  6 pages  in Part  I  including effluent  limita-
tions*  monitoring requirements,  etc. and-15  paces in Part II  incluci
General  Conditions  and  Definitions.

Operators of facilities  within  the  general  pernit area  who  fail to
notifv the  Director.of  their intent  to  be  covered by  this general
peTiit and  receive  written  notification  of  pernit coverage,  or  those
who"a-e denied coverage  by  the  Director are not  authorized  under  th:
general permit to discharge from those  facilities to  the receiving
waters or areas named.

Sig
  /
           Water  h'an^aAfecefit Division
 Environmental  Pro^ec/ion Agency
 Boston, Massachusetts
REGION I

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l»AHT I

A.  BFtUIKNT LIMITATIONS AND NONI'IORINC RfiOUIRBMFNTS

    1.  [An ing the (leriod beginning on the effective date  and lasting through expiration, tha permittee is
    authoci/ed to discharge from each outfall of non-contact  cooling water to a drainage bttsln classified
    as a Wai in or cold water fishery as designated below.   Such discharges shall, be limited and monitored by
    tho panuitttto as specified below:
                                                                                                    >*
    Ef f luei > i  Cha racj eristic                Oi scharge Li re i ta t ions                     Moni tgj j ng Requ i rements

                           kg/day (lt>s/day)            Other  Units (Specify)         Measurement   Sample
                       Avg. .Monthly   Max . Daily    Avg. Monthly     Max.  Paily      Frequency
    Flow                    -             -              -           1.0 MT»f)         quartet ly     daily averaqe

    'I>an{Kiose to the ntfluent.

    There shall 1« no discharge ot floating solids or visible foam in other than  trace  amounts.

    Sampler  taken in compliance with the monitoring reguirenents specified  above  shall  be  taken
    at the point of discharge.

    The et iluent limitations are tased on the state water quality standards and are certified
    by the State.

      "The ties ignat ion of cold or warm water fisheries shall be that provided in  the
       Massachusetts Water Quality Standards, 314 CMK 4.05(4) and 4.05(5),  Tables 1 - 27.
                                                                                    Pago 2 of fi
                                                                                    f*>.mif Mo. MAC^SOOOO

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                                              Paae  3 of 6
                                              Perr.it Ho. KAG250000
    a.  The pfi of  the  effluent shall  not be  less  than  nor  greater
        than  the  range given for the  receiving water classifications,
        unless these  values are exceeded due to natural  causes.

           Classification            Range

                  E                   6.5-8.0
                  C                   6.5 - 9.0

B.  MONITORING AND REPORTING

    1.  Reporting

        Monitoring results obtained during the previous 6 months
        shall be summarized for each quarter and reported on separate
        Discharge Monitoring  Report Fom(s) postmarked no later than
        the  15th day  of the nonth  following the completed reporting
        period.   The  reports  are due on  the 15th day of January and
        Julv.  The first report nay include less than the 6 months
         information.           \

         Sicned cories  of these, and all  other  reports required herein
         shall be  submitted  to the  Director  and the State at the
         following addresses:

                 Perrit Compliance  Section [VP./PC-21C3]
                            Compliance Branch
                        Water Management Division
                    Environmental Protection Agency
                          JFK  Federal Building
                             Boston, KA  02203

         The  State Agency to receive  the copy  is  the appropriate
         Regional  Office:

           Massachusetts Division  of  Water Pollution  Control
                         Western Regional Office
                            436 Dwight Street
                          Springfield,  MA 01103

           Massachusetts Division of  Water Pollution Control
                       Southeastern Regional Office
                            Lakeville Hospital
                           Lakeville,  MA  02346

           Massachusetts Division  of Water Pollution Control
                         Eastern P.ecional  Office
                          323  Nev; Boston  Street
                             Woburn, KA  01801

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                                             Page 4 of €
                                             Permit No. KAG250000
          Massachusetts Division of Water Pollution Control
                       Central Regional Office
                           75 Grove Street
                    Worcester, Massachusetts 01605

        Signed copies of all other notifications and reports required
        by this pemit shall be  submitted co the State at:

          Massachusetts Division of Water Pollution Control
                      Pemit Section -  7th Floor
                           1 Winter Street
                           Boston, MA 02110

C.  ADDITIONAL GENERAL PERMIT CONDITIONS.

    1.  Notification Requirements

        a.  Written notification of commencement of operations,
            including the  legal  name and address of the  operator and
            the locations, number  and type of  facilities and/cr
            operations covered shall he submitted:

            (1)   For existing discharges as  soon as possible  after
                  the effective date of  this  pernit, by operators
                  whose facilities  and/or operations are  discharging
                  into the  general  permit area  on the  effective date
                  of the pemit;  or

            (2)   For new discharges 30  days  prior  to  commencement of
                  the discharge by  operators  whose  facilities  and/or
                  operations  commence discharge subsequent to  the
                  effective date  of this pemit.

        b.  Operators of  facilities  and/or operations within  the
            general permit area  who  fail  to  notify the Director of
            their intent  to  be  covered  by  this general perr.it and
            obtain written authorization of  coverage  are not  authorize
            under this general pemit  to discharge from  those facilit
            into  the named receiving waters.

    2.  Termination of Operations

        Operators of facilities  and/or  operations  authorized  under
        this  permit shall  notify the  Director  upon the termination  cf
        discharges.
        Upon  reissuance of a new general permit,  the permittee is
        required to notify the Director of his intent to be covered
        by  the  new general permit.

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                                      Page 5 of 6
                                      Permit No. MAG25000C
When  the  Director h!ay Require Application  for an Individual
NPDES Permit."      "                 "~~~

a.  The  Director nay require any person authorized by this
    permit to apply for"and obtain  an  individual NPDES permit.
    Any  interested'person nay petition the Director  to take
    such, action.  Instances where an  individual permit r.ay be
    required  include the  following:

     (1)   The  discharge(s) is a  significant contributor of
          pollution;

     (2)   The  discharger is  not  in  compliance with  the  condi-
          tions  of  this  permit;

     (3)   A  change  has  occurred  in  the availability of  the
          demonstrated  technology of practices  for  the  control
          or abatement  of  pollutants applicable  to  the  point
          source;
                         \
     (4)  Effluent  limitation guidelines are promulgated for
          point  sources covered by this permit;

     ( =,}  A  V.'ater Quality Management Plan containing require-
          ments  applicable to such point source is approved? r

     (6)  The  point source (s) covered by this permit no longe

           (a)   Involves the same or substantially similar typ
                of operations;

           (b)   Discharges the  same  types of wastes;

           (c)   Requires the same  effluent limitations or o?er
                conditions;

           (d)   Requires the  same  or similar monitoring; and

           (e)   In  the  opinion  of  the  Director,  is  more  appro-
                priately controlled  under  a general  perm.it the
                under an  individual  NPDES  permit.

      The Director  may  require  an  individual permit only if  t:
      permittee authorized by  the  general  permit has beer.
      noticed 
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                                         Pace  6  of  6
                                         Pernit  No.  J1AG250000
5.  VThen an Individual NPDES Pernit  r.ay  be  Requested.

    a.  Any operator nay request  to  be excluded  from the coverage
        of this general permit  ny applying  for an individual
        permit.

    b.  When  an individual NPDES  permit  is  issued to an operator
        otherwise  surject  to this general perr.it, the  applicebilif
        of this perr.it to  that  owner or  operator is automatically
        terminated on the  effective  date of the  individual perr.it.

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                     UNITED STATES ENVIRONMENTAL PROTECTION AGENCY           p

                                                                             AF
SUBJECT     Revised Montana General  Permit fnr Sewage lagoons

                                                                        /.ft
           Bob  Fox,  8MO               /\^7                             ?, f*tt,L
           Environmental  Engineer     x-^Jr/                               • ^       "
                                                                             - jJc,  /
     TO    Pat Godsil,  8WM-C
           Supv.  Environmental  Engineer

               Attached is  a  revised general  discharge permit for facultative  sewage
           lagoons in Montana.   Each point  raised  in the earlier reviews by  Bob Burm and
           Marshall  Fischer has been addressed.  I  have had considerable input into this
           revised general  permit to assist in  reaching compromise positions on some of
           the issues.   Hopefully, the significant  problems have been taken  care of.

               Previous comments by Bob and Marshall have been helpful, and  I  hope they
           will provide any additional comments that are necessary as soon as  possible.
           There are-many expiring permits  in Montana which could be handled under this
           general permit.

           Attachment
 EPA Form 1320-4 <««-

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   Cr?W
   J , *W
                                      STATE DEPARTMENT OF HEALTH
                                      AND ENVIROr*MENTAi_ SCI&NCSS
TO
FROM    :
SUBJECT :
Bob Fox
Mike Pasichnyk
                                                DAT2:
March 29,  1983.
             EPA's review and comments on the Facultative Sewage Lagoon -General
             Discharge Permit (FSL-GDP).
             The following is the  state's response to each comment made by Marshall
             Fisher and Bob Burns  on the proposed FSL-GDP.  Their comments were  helpful
             and useful in order to refine this permit into a workable administrative
             tool.
          Robert Burn's Consents
             1.  A statement was placed in the SOB in regard to the 100-135 TSS  limit
                 for sewage lagoons.
             2.  The 85£ removal requirement was taken out of the permit and the SCE.
             3.  The "pH relief statement" was incorporated into the permit.
             4.  The 2 mgd cutoff  was made a prerequisite for the general  discharge
                 permit (see page  9).
             5.  One of the prerequisites for the GDP is that the applicant does not
                 chlorinate  (see  page 9).  No other mention should be necessary.
             6.  The fPDES rule describes how applications are processed and how
                 coverage is granted. • The permits have never discussed these
                 procedures.
          Marshall Fischer's Comments
          Statement of Basis
          1.   Yes, the 2 mgd flew  limit will be the size criteria.
          2.   a.  Yes
          2.   b.  Yes  (see page 9 other requirements 1  (a))
          3.   Same as P>obert Burn's response #1.
          4.   The fecal coliform limitation was dropped from the pemit.  Trie
              applicant will  have  to be in compliance with Water Quality Standards
              before being issued  a FSL-GDP.
          5.   If a water quality standard problem is anticipated for fecal  colifcrr:,
              NH3, or 0.0.,  a FSL-GDP cannot be authorized (see page 91,  (g).)
          6.  There are no special  208 issue or requirement for point sources in  "ontsna
             other than the  secondary treatment standards.  Therefore, no  mention is
             necessary in the FSL-GTP or it's S.0.3.
          7.   The 85" removal  requirement will be deleted.
          8.   This statement will  be deleted from the SOB.

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Permi t

1. We do not believe the permit is the appropriate place to describe the
   permit application process; if it was, why  hasn't it been described in a!"
   MPDES permits?  The MPDES rule describes  the  permitting process.

2. The language was revised in the boilerplate as recommended.  Page 5 ^1

3. We believe "state waters" is the appropriate  languaae for this section.
   page 6 #4

4. The "Right of Entry" language does include  EPA representatives because
   they are the Department's authorized representative.

5. The language was revised in the boilerplate as recommended,  page 8 4£5

6. Further detail about what is meant by "significant contributer" v/oul d net
   be useful or meaningful to the Permittee  as this prerequisite will  only be
   used by the Department in determining if  an applicnt should be consicerec
   for the GDP.  The Department's application  reviewers have "significant
   contributer" defined for them in the S.O.B.   If the applicant'meets this
   and the other prerequisites a GDP can be  issued.

   If a significant contributer hooks up to  a  facility wi th a GDP the
   authorization to discharge may be suspended,  or revoked because it
   violates a condition of the permit (page  7, 4(a)).  These hook ups  would
   beccre known to the Department through the  annual 0 & H or compliance
   monitoring inspections.

   The details on what will be done by the Department if a significant
   contributer comes to town need not be discussed in this GDP as it would
   never apply to 99?° of the permittees and  would only clutter the pernit.

7. This paragraph was revised as recommended.

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                   ... -UNITED STATES ENViRQNv.Es'TA^ PPCTETTiDN AGE^T'

—  OATE


         Review of Proposed Lagoon General Perri-:
         Patrick J. Godsil, Chief     ^-7
         Compliance Branch, Water Management Division

      T0 Richard Montgomery
         Montana Operations Office
              Attached  are  two sets of detailed comments prepared by members of
          the  Permits  Section on the above.

              This  office has been "thinking about" such a general permit for some
          time and we  welcome Montana's attempt to lead the way.

              Our greatest  concern is the distortion or ignoring of the current
          secondary  treatment definition  for lagoons which require individual
          demonstrations of  the need for  a TSS relaxation from  30-45 irg/1.   Is the
          Montana Office prepared  to tell the State to  ignore this restriction in
          the  regulations?   Related to this is the cutoff of relief at 2 mgd, which
          is also not  noted  in the permit definition of what is  covered.

              Another concern is  the  issue of public notification once an  individual
          determination  is made on what  Fecal Coliform  limits are to be applied.
          This will  be the result  of subjective decision making; how will the public
          and  permittee  be given  the chance to appeal?

              We hope the above  comments will be  helpful.   These questions  are  hard
          to resolve and are the  main  reasons we  have not yet attempted such a permit
          for  Utah and South Dakota.

          cc:  Bob  Fox
       o.m 1320-6

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            Comments on Montana's Proposed Lagoon General Permit


(1)   40 CFR 133.103(c) requires that O&M data must demonstrate the need
     for relief for 30 - 45 for TSS.  This has quickly been ignored for
     individual permits throughout the Region with the result being that
     the 100 - 135 or other values have been "automatics" for any lagoon
     situation.  As a minimum this should be discussed in the Statement
     of Basis.

(2)   A brief discussion of the impracticality of determining 85« removal
     for lagoons in the SOB would clear the way for its removal  from the
     permit.

(3)   The pH- limit of 6.0 - 9.0 has relief available for algal blooms for
     lagoons - this should be woven into a lagoon general permit.

(4)   At present, the 100 mg/1 relief has a 2 mod cutoff.  This is not
     noted in the permit.

(5)   A prohibition of chlorination would be appropriate even if, as
     noted, chlorinators are not supposed to qet a permit.

(6)   It is not clear how applications will be processed and coverage
     granted.
                                         Robert J. Burm

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               Comments  on Monrana'3 Proposed Lagoon General  Permit

Statement of Basis

1.        Shouldn't there be a size criteria for coverage under the general
         permit either by flow rate, population equivalent, capacity, etc.?

2.a.     Does the general permit apoly to or authorize seasonal  drawdowns
         from lagoons?

2.b.     Does the general permit apply to both publicly and privately
         owned systems?

3.        The 100 mg/1 TSS is not exactly national secondary treatment. Some
         discussion as to why and how the TSS criteria under 40 CFR 122.103(c)
         was applied should be included in the SOB.

4.        it is implied that the State of Montana will determine the appropriate
         receiving water beneficial use to calculate the Fecal Coliform
         limit.  How is this consistent with 40 CFR 122.59(a)(2)(ii)(c)...
         "Requite the same effluent limitations or operating conditions  ..."?
         Is there opportunity for the permittee to challenge any individual
         coliform requirements, or the public to comment upon them?  Where
         will the background data be obtained from?.

5.        How are other water quality standard criteria  (e.g., Ammonia, D.O.,
         etc.) factored'into the permits?  --

6.        Are there any 208 issue or requirement  that has to be reviewed
         or factored into any discharge authorizations?

7.        If no influent monitoring  is required,  how will 85S removal  be
         calculated?  Should the 85£ just  be  deleted?

8.       What does the statement under Self-Monitoring  Requirements"...
         No changes  in the general  discharge  permit will be made at  tnis
         time" mean?  The previous  statement  that  the monitoring freauency
         is consistent with  F5L  individual permits  should  be sufficient.

Permit

1.       For clarity, the permit should  describe the permit application
         process.

2.  Page  J  -  1.   Change of Discharge - boilerplate  refers to rrodifyinc  remit
         upon  receipt of notice  of a  change  in  the Dernittee's  discnarge.
         Modification of the entire general  permit for  a singularjiTScnsrcers
         change  in Quality  is  certainly  not  what is  meant  here.   The
         language needs  to  be  revised.

3.  Page  6, - 4.  Adverse  Impact -  language should substitute  "the  environment"
         for "state  waters".

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4. Paqe 7, - 1.  Right ox Entry language  shoul'd  include  EPA  representatives.

5. Page 8, - 4.  Permit Modification  -  Language  should be  customized for
                 the general  permit,   (a)  and  (b)  should not affect permit,
                 only an  individual FSL's  authorization.

6. Page 9        Other Requirements - perhaps  it would be  appropriate to
                 spell out  in the  permit  what  is meant by  significant contributer
                 and highlite again the requirement of Part  II.A.I. on what
                 rfeeds to be  done  if  a  "significant contributer"  comes to
                 town.

1. Page 10 - 3.  Overloading  - this  paragraph  suggests  that  Montana has
                 "no"  authority to restrict taps.
                                              Marshall Fischer

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DEPARTMENT C     £ALTH AND ENVIRO.      .NTAL SCIENCES
                TEOSCMWMsioEN GOVERNOR                                      CCGSv/r
                                       MONTANA
                         RE;  Authorization MT-G58	to Discharge under the
                             "facultative Sewage Lagoon-General Discharge Perr.:
                                        	County, T	,  R	,
                             Section	,	

 Dear

 The Department has reviewed your application for an MPDES pemit to discharge
 wastsveter, and has deterrjL.-.ad yrur pr^pcss:! ciscrar=a.qualifies to cperare urxier
 the "racultative Sewage Lagoon-General Discharge Perait".

 Therefore, authorization is herewith granted to discharge at-the above-refergrxred
 location onlv, under the provisions of the "facultative Sewage Lagocn-General
 Discharge Perait", a copy of v/hich is attached.  The General Permit is valid. cr_Ly
 when acccLiuanied by this authorization letter.

 Please take special note of the effluent limitations,  self-gonitorirc, ar.c
 reporting require rents of the General Discharge Perait.  Any violation cf these
 requirements or any other provisions of the peroit is subject to er.fcrcer.er.- accic
 by this Department pursuant to the Montana Water Quality Art.

 Your _authoriration to discharge under the "Facultative Sewage Lagcon-Gor.eral
 Discharge Perait" shall expire on March 1, 1988.

                                         Si-cere Iv,
                                         Steven L.  Pilcher, Guef
                                         Water CXiality Bureau
                                         fhvironnentai Sciences Division
SLP/l-OP/Bil

Attachment

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                                                  FSL-GDP
                                                  Permit No.:   MT-G580000
                            GENERAL PISOI ARCS PERMIT
                           FACULTATIVE SEWAGE LAGOONS
                          MONTANA DEPARTMENT OF HEALTH
                                      AND
                             ENVIRONMENTAL  SCIENCES
                      AUTHORIZATION TO DISCHARGE  UNDER THE

                MONTANA POLLUTANT DISCHARGE  ELIMINATION  SYSTEM
In compliance with Section 75-5-101  et  seq. .  MCA,  and  ARM  16.20.901 et seq. ,
and  16.20.601 et  seq.,  applicants with  an authorization  for  this "Facultative
Sewage Lagoon-General Discharge Permit",
are permitted  to  discharge wastewater  resulting  from  facultative sewage
lagoons,
to state waters
in accordance with  effluent  limitations, monitoring requirements and other
conditions set forth  in  Parts  I,  II, and III hereof.

This permit  shall  become effective  on  the date of issuance.

This permit  and  the authorization to discharge shall expire at midnight,
March 1, 1988.
                                     FOR THE MONTANA DEPARTMENT OF HEALTH
                                         AND ENVIRONMENTAL SCIENCES
                                     Steven L. Pilcher, Chief
                                     Water Quality Bureau
                                     Environmental Sciences Division
Dated this
day of

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                                                 PARr I      FSL-GDP
                                                 Page 2  of 10
                                                 Permit  Mo.:   MT-G5800CO
A.  EFFLUENT LIMITATIONS
    Effective imediately and lasting through the expiration date,  the  quality
    of effluent discharged by the permittee shall, as a minimum,  meet the
    limitations as set forth below:

                       Average Effluent Concentration

                             30 Consecutive                 7  Consecutive
Parameter                    Day Period a/                  Day Period b/

BOD - mg/l                        30                              45
Total Suspended Solids-mg/1       100                             135

pH - units shall remain between 6.0 and 9.0 c/

    a/   For compliance purposes, this limitation shall be determined by the
    ~~    arithmetic mean of a mininum of three  (3) consecutive  samples  taken
         on separate weeks in a 30-day period (minimum total of three (3)
         samples).

    b/   For compliance purposes, this limitation shall be detemineti by the
    ~    arithmetic mean of a minimum of three  (3) consecutive  samples  taken
         on separate days  in a 7-day period  (mininum total of three (3)
         samples).

    c/   For compliance purposes, any single analysis and/or measurerent
         beyond this limitation shall be considered a violation cf the
         conditions of this pemit, unless the violation is due to natural
         biological processes.


B.  SELF-MOM! TO PI MG REQUIRDSHTS

The permittee shall monitor his discharge(s) as shown below:


    Parameter                              Frequency  U       San pi e ~ypo 1

    Flow-mgd                             Monthly               Instantaneous

    6005 - mg/l                            Quarterly             Grab

    Total Suspended Solids - mg/l           Quarterly             Grab

    Fecal Coliforms - number/100 ml         Quarterly             Grab

    pH - units                             Quarterly             Grab

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                                                  PART I   FSL-GDP
                                                  Page 3 of 10
                                                  Permit No.:   MT-C580000
         _!/    See Definitions.

         2/   If quarterly samples are to be collected, they shall be collected
              during the months of January, April, July, and October, if  a
              continual discharg-e occurs.  If a discharge occurs on an inter-
              mittent basis the quarterly sample shall be collected during  the
              period when the intermittent discharge occurs.

C.   MONITORING AND REPORTING REQUIREMENTS

1.   Representative Sampling

    Samples and measurements  taken as required herein shall be representative
    of the volume and nature of the monitored discharge.

2.   Reporting

    Monitoring  results  obtained during  the previous 3 months  shall be
    summarized  for each month and reported on a Discharge Monitoring Report
    Form (EPA Mo. 3320-1),  postmarked no later than the 28th day of the month
    following the completed  reporting period.

    Copies  of these,  and  all other  reports  required herein, shall be subnitteci
    to the  Department at  the following  address:

                          Montena  Department  of Health
                           and Environmental  Sciences
                              Water  Quality  Bureau
                         Room A-206, Cogswell Building
                             Helena,  Montana  59620
     If  no discharge occurs during the reporting period,  "no discharge" shall
     be  reported, in letter form, to the above agency.

 3.   Definitions

     (a)  The "Act" means the Federal Clean Water Act,  as aramended.

     (b)  The "Department" means the Montana Department of Health and
          Environmental Sciences.

     (c)  A "Facultative Sewage Lagoon" is a sewage treatment  lagoon where the
          ponded liquid is both aerobicly and anaerobicly treated by natural
          processes; no mechanical aeration or mixing is used.

     (d)  A "grab" sanple, for monitoring requirements, is defined as  a single
          "dip and take" sample  collected at a representative  point  in the
          discharge stream.

     (e)  An "instantaneous" measurement, for monitoring requirements, is
          defined as a single reading, observation, or measurement using
          acceptable monitoring  equipment.

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                                                PART I   FSL-GDP
                                                Page ^ of 10
                                                Permit Mo.:   fTT-G530COO
4.  Test Procedures
    Test P-cedures  for *e analysis o^pcm^ts shan C0pnfn3»       ^
    collection and preservation techniques.)
        H
     10 percent of the actual  flow bei ng measured.
 5.   Recording of Results
     (a)  the exact pi ace, date, and tine of sampling;

     (b)  the dates the analyses were performed;

     (c)  the person! s) who  performed the analyses;

     (d)  the analytical  techniques or methods used; and

     (e)  the results of all required analyses.

  6.  Additional Monitoring by Permittee
                                                ,,  ^__^«—«./^\

      J!JJ! ^^i^^r^n^au0!^  Si, perni-.; using
                                         »  the  results of such monitor, no
                                                         - ••   values required
      frequency shall also be indicated.
  7.  Records Retention
      All records and information r"u^i^1 ^,,^5 of analyses  perTon-^,

                                                                          "

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                                                  PART II FSL-GDP
                                                  Page 5 of *:0
                                                  Permit Mo.:  tTT-GSSQOOO

A.  MANAGE^?,'! REQUIREMENTS

1.  Change in Discharge

    All discharges authorized herein shall  be consistent with the terns anc
    conditions of this permit.  The discharge of any  pollutant identified in
    this permit more frequently than or at a  level  in excess of that
    authorized shall constitute a violation of the permit.  Any anticipated
    facility expansions, production increases, or process modifications which
    will result in new, different, or increased discharges of pollutants nust
    be reported by submission of a new MPDES  application or, if such changes
    will not violate the effluent limitations specified in this permit, by
    notice to the Department of such changes.  If following such notice, a
    pernit modification is necessary to specify and limit any pollutants not
    previously limited, the permittee's general permit authorization will be
    terminated and an individual permit will  be processed.

2.  Monconpl iance notification

    If, for  any reason, the permittee does not comply with or will be unable
    to comply with any effluent limitation specified  in this pernit, the
    permittee shall provide the Department with the following information, in
    writing, within five  (5) days of becoming aware of such condition:

    (a)  A description of  the discharge and cause of  n one ompl iance; and

    (b)  The period of nonconpliance, including exact dates and tines;  or, if
         not corrected, the anticipated time the nonconpliance is expected to
         continue,  and steps being taken to reduce, eliminate and prevent
         recurrence of  the nonconplying discharge.

 3.  Facilities Operation

    The  pemittee shall at all  tines maintain  in good working order and
    operate  as efficiently as possible all treatment  or control facilities or
    systems  installed or  used by  the permittee to achieve compliance with  the
    terns and conditions of  this  permit.

 4.  Adverse  Impact

    The permittee shall  take all  reasonable  steps to  minimize any adverse
    impact to  state waters resulting  from  nonconpl iance with any effluent
    limitations  specified in this permit,  including such  accelerated or
    additional monitoring  as  necessary to  determine the  nature and  impact  of
    the ncncomplying  discharge.

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                                                  PART  II FSL-GDP
                                                  Page  6 of 10
                                                  Feralc No.:  KT-G580000
5.  Bypassing
    Any diversion from or bypass  of   facilities  necessary to maintain
    compliance wish the terms and conditions of  this permit is prohibited,
    except (i) where unavoidable  to  prevent loss cf life or severe property
    damage, (ii)  where excessive  storm  drainage  or runoff would damage any
    facilities necessary for compliance with the effluent limitations and
    prohibitions  of this permit,  (ill)  there were no feasible alternatives to
    the bypass,  such as the use of auxiliary treatment facilities, retention
    of untreated  wastes, or maintenance during normal periods of equipment
    downtime.   This condition is  not satisfied if the permittee could have
    installed  adequate back-up equipment to prevent a bypass which occurred
    during normal periods of equipment  downtime  or preventive maintenance.
    The permittee shall promptly  notify the Department in writing of each such
    diversion or bypass.

    "Severe property damage " means  substantial  physical damage to property,
    damage to  the treatment facilities  which causes them to become inoperable,
    or substantial and permanent  loss of  natural resources which can
    reasonably be expected to occur  in  the absence of a bypass.  Severe
    property damage does not mean economic loss  caused by delays in production.
    If, for other reasons, a partial or complete bypass of the wastewater
    treatment facilities is considered  necessary, a request for such bypass
    shall be submitted to the Department  at least sixty (60) days prior to the
    proposed bypass, unless reduced  or  waived at the discretion of the permit
    issuing authority.  If the proposed bypass is judged acceptable by the
    Department the bypass will be allowed subject to limitations imposed by
    the Department.

    If, after  review and consideration, the proposed bypass is deterained to
    be unacceptable by the Department ,  or if limitations imposed on an
    approved bypass are violated, such  bypass shall be considered a violation
    of this permit; and the fact  that application was made, or that a partial
    bypass was approved, shall not be a defense  to any action brought
    thereunder.

    The permittee shall provide immediate (within 24 hours) oral notification
    of any bypass which may endanger health or the environment.

    All bypasses  not specifically authorized under this Section are subject to
    the notification requirements of Part II, Section A.2., Noncompliance
    Notification, of this permit.

6.   Removed Substances

    Solids, sludges, filter backwash, or  other pollutants removed in the
    course of  treatment or control of wastewaters shall be disposed of in a
    manner such as to prevent any pollutant from such materials from entering
    state waters.

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                                                  PART II  FSL-GDP
                                                  Page 7 of  10
                                                  Permit No.:  KT-G580000
7.   Power Failures
                         compliance with the effluent limitations  and
                         pemit, the permittee shall provide  an  alternative
                            co operate the wastewater control facilities, or
    take such precautions as are necessary to maintain and operate the
    facility under his control in a manner that will minimize upsets and
    insure stable operation until power is restored.

B.  RESPONSIBILITIES

1.  Right of Entry

 •  ».  per.Ut~ .1.11  all-  ..- -^  '- -^SL^" "' '"""""
e permttee s
presentatives, upon the presentation of credentials.

   To enter upon the permittee's premises where
   located or in which any records are kept; and
     (a)   To  enter upon the permittee's  premises  where an effluent source is
     -   z
          pSilJrlnd S .pl« any discharge of pollutants
 2.  Transfer of Ownership or Control
     a copy of which shall be forwarded to the Department

  3.  Availability of Reports
      Act,  all reports prepare    n                    Deattmenc.  As required
       limited to,  the following:

            (a)   Violations of any tenns or  conditions  of  rhis pennic; or

            (b)   Obtain.ng ch.s p.mic by .i.»P«.ent«ion  or failure to
                 disclose fully all relevant facts-

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                                                 PART II  FSL-GDP
                                                 Page 8 of 10
                                                 Permit No.:  MT-G580000
5.   Modification of  the General Discharge Permit

    The General Discharge Permit may be modified during its term in accordance
    with the provisions of section 75-5-403 and 75-5-404, MCA, or to comply
    with any changes required by the Environmental Protection Agency during
    permit or program review pursuant to 40 CFR 123.75 or 123.77.

6.   Toxic Pollutants

    Notwithstanding  Part II, B-4 above, if a toxic standard or prohibition
    (including any schedule of compliance specified in such effluent standard
    or prohibition)  is established under Section 307(a) of the Act for a toxic
    pollutant which  is present in the discharge and such standard or
    prohibition is more stringent than any limitation for such pollutant in
    this permit, this permit shall be revised or modified in accordance with
    the toxic effluent standard or prohibition and the permittee so notified.
7.  Civil and Criminal  Liability

    Except as provided  in permit  conditions  on "Bypassing" (Part II, A-5), and
    "Power Failures"  (Part II, A-7), nothing in  this permit shall be construed
    to relieve the permittee from civil  or criminal penalties for
    noncompllanee.

8.  Oil and Hazardous Substance Liability

    Nothing in this permit shall  be  construed to preclude the institution of
    any legal action or relieve the  permittee from any responsibilities,
    liabilities, or penalties to  which the permittee is or may be subject
    under Section 311 of the Act.

9.  Property Rights

    The issuance of this permit does not convey  any property rights in either
    real or personal  property, or any exclusive  privileges, nor does it
    authorize any injury to private  property or  any invasion of personal
    rights, nor any infringement  of  Federal, State or local laws or
    regulations.

10. Severability

    The provisions of this permit are severable,  and if any provision of this
    pemit, or the application of any provision  of this permit to any
    circumstance, is held invalid, the application of such provision to other
    circumstances, and  the remainder of  this permit, shall not be affected
    thereby.

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                                                 PART III FSL-GDP
                                                 Page 9 of 10
                                                 Permit No.:  fTT-G530CCO


                                                 PART III
OTHER REQUIREfENTS

1.  Prerequisites to qualify for the Facultative  Sewage Lagoon - General
    Discharge Permit

    (a)  The applicant operates a facultative  sewage  lagoon  (does not have
         aeration equipment or other mechanical  treatment) v;mch traats
         domestic sewage.

    (b)  The applicant's wastewater discharge  is not  chlorinated.

    (c)  If the applicant is applying for a discharge permit renewal, the
         applicant nust be in compliance with  their current  effluent
         limitations.

    (d)  The applicant has no significant industrial  discharge contribution as
         determined by the Department.

    (e)  The applicant is not classified as a  major facility as  defined  by the
         Department.

    (f)  The applicant's average discharge flow rate  shall  not exceed two
         million  gallons per day.                             •

     (q)  The applicant's discharge  shall be in ccnpl iance with  the _Montana
         Surface  Water Quality  Standards for fecal  coliforn, anmoma, and
         dissolved  oxygen as determined by the Department.

 2   Under  no circumstances  shall the  permittee allow introduction of the
     following  wastes into  the  waste treatment system from any contributing
     source:

     (a)   Pollutants which  create a  fire  or explosion hazard in the treatment
          system,

     (b)   Pollutants which  will cause corrosive  structural damage to treatment
          works,
     (c)  Solid or viscous sub.stances in amounts which would cause obstruction
          to the  flow in sewers, or other interference with  the  proper
          operation of the treatment system,

     [
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                                                 PART III FSL-GDP
                                                 Page 10 of 10
                                                 PenalC No.:-  MT-G580000
3.   Violations Resulting  from Overloading
    Should there be a violation  of any conditions of  this permit, the
    Department has the authority to proceed in a court of competent
    jurisdiction to restrict  or  prohibit further connections to the treatment
    system covered by this permit by any sources not  utilizing the system
    prior to the finding  that such a violation occurred.

4.  Reapplication

    If the permittee desires  to  continue to discharge, he shall reapply at
    lease one hundred eight (180) days before this permit expires using the
    application forms then in use.  The permittee should also reapply if he
    desires to maintain a permit, even though there was not a discharge froa
    the treatment facilities  during the duration of this permit.

5.  Compliance with Construction Grant

    The permittee shall comply with those  terms of any construction grant
    Implementing the provisions  of Section 201(b) through (g) of the Federal
    Clean Water Act.

6.  Staffing and Laboratory

    Efficient facility operation contained in Part II, A.3. of this permit •
    shall Include but not be  limited to adequate operator staffing and
    training as well as adequate laboratory and process controls.

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                              STATEMENT OF BASIS


APPPLICANT:                 Facultative Sewage Lagoons-General Discharge Perrir
                            (FSL-GDP)

MPDES PERMIT NUMBER:        MT-C580000


DESCRIPTION OF THE FACULTATIVE SEWAGE LAGOON CATEGORY:

    Facultative sewage lagoons are the most common and numerous form of sewage
treatment used in Montana.  As defined in the permit, these lagoons employ
both aerobic and anaerobic natural treatment processes (no mechanical aeration
or mixing is used).  The size of facultative sewage lagoons can range greatly
depending upon the sewage load which requires treatment.  Sewage lagoons
normally require about one acre for every 100 people using the lagoon system.
The number of cells  in a lagoon system is usually one, two or three cells; a
few systems exist with more than three cells.

    The General Discharge Permit (GDP) philosophy is very compatible for the
Facultative Sewage Lagoons (FSL) category as the effluent limitations and
self-monitoring requirements are identical for every FSL permit.  These
discharges also have a relatively minor impact on state waters.  This category
of discharges meets  the qualifications of 40 CFR 122.59 for issuance of
General Discharge Permits.  The FSL-GDP will expedite processing the numerous
permit renewals and  provide the same regulatory control over the discharges as
the individual permit process has done.


PREREQUISITES FOR THE FSL-GDP

    1.   The applicant operates a  facultative sewage  lagoon (does not have
         aeration equipment or other mechanical treatment) which treats
         domestic  sewage.

    2.   The applicant's wastewater  discharge is not  chlorinated.

    3.   If'the applicant  is  applying  for a discharge permit renewal, the
         permittee must  be in compliance with his current effluent  limitations
         before being considered  for the General Discharge Permit.

    4.   The  applicant  has no significant  industrial  discharge  contribution  as
         determined by  the Department.   Significant  industries  are  those
         defined  as follows:

               (a)   Discharges more than 50,000  gallons  per average  work day.

               (b)   Contributes more  than 5  percent  of the  total flow to the
                    treatment system.

               (c)   Contributes a waste from one of  the  34  industries requiring
                    pretreatment under section 307  (a) of  the  Clean  Water  Act
                    of 1977.

               (d)   Has a significant adverse impact on the operation of the
                     treatment system.

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     5.    The applicant  is not classified as a major facility as cefineti by the
          Department.

     6.    The applicant's average discharge flow rate shall not exceed two
          million  gallons per day.

     7.    The applicant's discharge shall be in compliance with the Montana
          Surface  Water  Quality Standards for fecal coliform, ansnonia, and
          dissolved  oxygen as determined by the Department.


 EFFLUENT LIMITATIONS
                 30 Consecutive       7 Consecutive
 Parameter       Day Period           Day Period             Rationale

 800 - ng/1           30                    45            National  Secondary
                                                         Treatment Requirenerts

 T5S - ng/1          100*                  135*           National  Secondary
                                                         Treatment Requirerents


 pH  shall  remain between 6.0 - 9.0 unless a               Montana Surface  Water
 variation is  due to natural biological  processes.         Quality standards


     *The  total suspended solids (TSS) limitation is in accordance  with  the
     amended regulation *0 CFR 133.103 (c)  which  states,  "a  single  value (TSS)
     corresponding to the concentration  achievable  90 percent  of the  tine cay
     be used to establish the suspended  solids limitations for ponds  within a
     State".   The TSS limitation above represents this calculated value  for the
     State of  Montana.   This TSS limitation will  apply to all  facultative
     sewage lagoons in ftontana.

 S£ LF-KOHI TO RI f.'G KEOUI P£?IE UTS

 Paraneter                        Frequency               Tyoe

 Flow                             Monthly                 Instantaneous
 BCD                              Quarterly               Grab
 TSS                              Quarterly               Grab
 Fecal Colifora                   Quarterly               Grab
 pH                               Quarterly               Grab

    No influent monitoring  is required  of  facultative sewage  lagoon  permittees.

     The above required monitoring has been standard  for  all sewage lagoon
    perm" ttees.

Mike Pasidmyk               January  1983
                             March 1983  revised

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