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
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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.
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-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
-------
Pace ni-4
ft o *^"** i •* M /"*
f 2 £lui w I'w •
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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(H/2V/B5
01,
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PAGEl
16
ADABAS,MINOR -INDUSTRIAL
THUS
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S1C2 CYNH
NAH3
MH0020J84 INUHNATIONIL PACKING CORP 065 13/01/18 3069 bRISTOL /T/
TU0000051 AMtRKAN SUGAR CO-CAKE RtriNi;R--070— 09/01/79-3062 BOSTON-HOC
HA0001715 HtAO COHP-HIIRLBUT PAPEK-LAUREL 070 03/31/81 2621 LEE
NtWrOUND NIVCR
MYSTIC RIVER
MAOOJ2799 ECC CORP
MAOOJ656S-POLLH-OAM IMC ----------
HEOOOOJ37 KEYES TIBER COMPANY
XE0000361 -MAIUH PUBLIC SERVICE- COMPANY
ME0000540 PIONtER HLASMCS CORPORATION
070 09/10/81 1471 HOLOEN
070—05/05/83 3821- NORTHBRIDCB -
070 04/12/84 2646 WATERVJLLE
070— 10/01/80 4911-CAK1BOU /T/ ___
070 10/01/19 J821 AUBURN 8EW DIST
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HE002028J BROOKS WOOLEN CO INC
ME0022527 MALOCH MILLS-lNC
HOU3ATONIC RIV
MOO«ATONlC-4
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WEST -RIVER
KA000097J FEfiWAt, INCORPORATED
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06/3 0/8 0-2 II91-.CAMBRIDGE-PHASC-IX- fRESH-POND -Bfl-tAlittdfE-BR-J-
03/31/81 2621 TEMPUETON /T/ OTTER RIVER
1_HONRQE DEEHtlELD-JLlVEJI
MA0003379 AEROVOX CORPORATION
M100039U- ACUSHUCt Co-aUbBtR-OlV-
"HA0003948 OIAMONU NATIONAL CORP
075 09/20/79 3822 ASHLAND ft/
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075 01/30/81 2646 THORNDlKE
HA0004901 CAMBRIOGt ELEC-RLACKSTONK STA
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HA0005207 PLAINVILLE STOCK COMPANY
KAOQ0570J.R.J.M. -CHEMICALS IMC.
HA0020397 NATIONAL CAN CORP
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VMA00244J4 KtSTfORO ANODIZTNG CORP
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MA0025160 rLtXOH CU INC
075 10/01/80 4911 CAMBRIDGE PHASE II
075_07/01/80_447l._WOHCESTEH _______
075 06/30/81 J911 PLAINVllLE
075 _ 1 1/06/8 l-3851-ATTLEBOHO
075 02/06/78 5085 WALTHAH. /C/
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075 — 07/2 V/80 -39 14 -NORTON-
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ACUSHNET RIVER
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TEN MILE RIVER
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DISCHARGE TERMINATED
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MA0025771 N AIIoH AL- STARCH ANU-CHEMJCAL-C-075—08/26/8 1-3891- CANTON, ttt-
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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
-------
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)
-------
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.
-------
-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
-------
-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.
-------
-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.
-------
-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-
TMW I
cuutnuTiau
KT OH
Mt ••
•or nu I»*I«*«T
•«• *v
but)
KST IB!
er worn*.
veuurtan «•
or
C'«n'
•tTUUl «fft»
ojg •
THU •'«•» «»"«•« Mr
T>1« t»lt»i »«««
KBJUTTOM:
'«ttcMrf> u Hint
Mil
1M* ft «ur » H
irt—' «•»««•..
Mmfvl WTftCt
rtltrtttaM ttr totetvt taticMtte MUr
•tKMrfi.
•TOM. Hrt 701.) (CUnlfle*. KC
•(•f).
u . fc»»ini
»» Mtt.
I»«t tf
ftctiw.
vtolM1«M Am flf» £ WTO/10. Oimt. H*t 701.*
IVMHCI *f 1n**fdiio/«r(tMlc*. tlw t JttuMfW «f *»'«
r*Hc ovUlM.
•M*t1«* CMW1M M Mttr Mclltir t*M n. W-U1.
•rlM1«( MMT let n«
170
tMiitf Mt*r (Mtt kr
lOTt MUr
tauten:
T«lt
CLAS^^I • fal^pl^cMCB
TVt *1MI C t»f
•MJTTBH:
Mfl.
iK (MM » wwt {*• u Oiler. KC .
•41. Mttl*Mlt MUM. tH**l«1t>. JkJMtWfit MB*Hn«. t Stftur).
I. «HB. MHlfRtlr. Mi.). KC !«-M»r Mniunaf 1««K- KC {»)
flyr. l»*
mtj St«'f
«t ««l»i» •• t» tnlc
MHwHM «• MM CHIK»t1«n.
i««ifiwit ib«m.
«f1»» MtMUtIM CMC*.
.
ri*U( •• €•»«»««• •* fit*.
•M «f flfMKf •UTS.
StCMMS MtrlkMtMU tt fli*.
»f taBCr ClMMt.
f«M
1 KC
*ti«m
. »trt
•ITCW. »»rt 701.4
«1f1c*t1«u).
r««*f>tl tefifttr: rw* I On*
WK KC (an)
»TM1. KC (C''. •''
I
eiM' ac:
rtut mete*
KC fit* MM
•muttl
KC
t. k»t «1'1 <"t C1U*1f1Clt1«H tUMirtt
flu
•>trlM«t »f «1l«11f« «r «Mtut1w. (SMC W CUU C MOrt.!
*>t ««ikl* *• u ttiic ca«n*tritlM(
fit* «**uUt1*«/»'««B«*tl*ll/CIUI>.
MttMtld CM>1K« »M»IU ••»
M «f MMT.
fit* •rt»Hf»«t.
1«n «f f1«>.
Dec :
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
31,35 7 OSUEGO/SENECA R
31,357
31,357
31,357
31,357
31,357
46
24
24
45
44
44
24
24
26
26
18,34
18,34
18,34
18,34
57
24
24
24
32
32
54
14
57
57
26
TUSCARORA CX S B
HEflLQCKL OUTLET
CAYUCALTRIB
CATHERDCCR
GEMESEER
HONEOYECR
OAK ORCHARD CR
BIG STREAK
COHESUS a
FLINT CI
cAWfcuAam
HUD Ot
UEST RWBt
UK POND
DESCRIPTION COL.»
BASIN - SUB-BASIN • 7
CBJffY(S) A
tMWVTI 1 *«*/ 0
REGION(S) 9
* DENOTES AN ADDITION 10
SEGMENT WE 11
STR&* CLASS 12
6
B,C
M
A-C
D
D
D
C(T>
C
C
C
D
C
A
C
C
C,D
B
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
DESCRIPTION
AFFECTED
(\-ffHK I
SIZE
VAUTzMT
8 9
UQL
UOL
BOTH
UQL
--
UQL
EL
EL
UQL
UQL
UQL
UQL
UQL
UQL
UQL
A UQL
COL
13
10
SEV
SEV
SEV
SU
SU
SU
SU
SU
NOD
SU
MOD
NOD
SU
NOD
HOD
MOD
SU
.*
UQL/EL LDITTDe
SEVERITY
11
BOTH
CONV
BOTH
CONV
CONV
CONV
BOTH
CONV
CONV
BOTH
CONV
COHV
CONV
OMV
CONV
CONV
CONV
12 13
S A
U AB
S A
P B
SAB
S A
P A
SAB
P AB
P AB
P AB
S A
PAB
PA
S A
S A
SA
DESCRIPTION
TYPE OF
AsPQIHT
PROBLEM
en err
14
I/ALLIED CHEMICALS
LtRUCIBLE STEEL
1'cstrs
N/BINCHAM./JOHHS.CITY
N/EMDICOTT
L/IB1 § EWICOTT
I/IBM tOUECO
0/CSO'S
I/ROB047ECH
I/VESTAL U.D. '1(4
R/ITHACA(C)
0/ABD. LANDFILL LEACHATE
Hmfl.TW(C)
R/UETZEL RD. STP
n/SYRAOSE HIP
I/ALLIED CHEffiCAL
I/LPC CHEMICALS
IARUCIBW. STEEL
0/UDODHULL CSO&SEPTICS
N/KEfUXZ
0/CSO'S 4 SEPTICS
H/MERUOEN(V)
R/WNTOUR FALLS(V)
0/DR LANDFILL
n/AVON(V)
B/NYSOGS-SP
H^USWT)
O^WWOUAL DISCHARGES
R/KEDINA(V)
Q/SEPTICS S UATERPORT
Q/SEFTICS f FT. BREEZE
IVFARMING (SUSPECTED)
n/DUi)EE(V>
H/CCHESUS LAKE C.3.D.
I/WESTERN H.Y. SYRUP
L1UNLE
IVCORHAIt
0/CSO'S i SEPTICS
n/IMCEDON
M^ICTOR(V)
H^RUSHVIUE(V)
MIDDLESEX
N/SPEHCERPORT STP
COL.' DESCRIPTION
14 TYPE & WC
HP nrVUABTFP
n~ium* WM«M*MM «*» *#*w* v-m*»«p\
B=WN-POINT SOURCE 15 DOCUMENTATION
OF IMPAIRMENT C=ACH> RAIN
CONTAMINANTS D=CONT,
DOCUREHTATiaH ON
F*OB.
SEDIMENTS
16 RAW AM) SCORE
15
U
U
U
S
S
P
P
P
P
P
U
P
U
P
U
U
U
U
P
U
U
U
P
U
P
P
P
P
S
P
U
P
y
S
U
w
S
S
S
S
U
U
S
ON
16
H90
.490
H90
WO
H90
H90
m
m
m
m
m
H91
H95
H95
H9S
H95
m
H95
L35
L37
137
iy>
L4
L41
LSI
LSI
LSI
LSI
L52
LS2
L52
L52
L53
L53
LS3
L53
L55
L55
L55
L55
L57
LS7
LS8
DISCH.
E=EUTROPHICTION
F^OTHER SOURCE
-------
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
-------
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
-------
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.
-------
••. 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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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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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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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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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 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 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 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 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 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 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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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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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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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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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).
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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
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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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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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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
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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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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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=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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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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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
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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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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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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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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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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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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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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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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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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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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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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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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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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
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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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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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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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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
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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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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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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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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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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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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
-------
.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
-------
- 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.
-------
moto
(u««ilio*t, IIBIKIIMIII .
• r M*IUr IH|
-------
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
-------
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
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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:
-------
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;
-------
APPENDIX G
-------
- 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
-------
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).
-------
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).
-------
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:
-------
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.
-------
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.
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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.
-------
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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