Fact      Sheet
NPDES Permit Number: OR-003409-6
Date: xxxx
Public Notice Expiration Date: xxxx
Technical Contact: Kelly Huynh 206/553-8414

        The U.S. Environmental Protection Agency (EPA)
   Plans To Issue A Wastewater Discharge Permit To Discharge
 Pollutants And To Dispose Of Sewage Sludge (Biosolids) Pursuant
         To The Provisions Of The Clean Water Act To:

        Cow Creek Gaming Center Wastewater Treatment Plant
                     146 Chief Miwaleta Lane
                     Canyonville, Oregon 97417

EPA Proposes NPDES Permit Issuance
The EPA proposes to issue a. National Pollutant Discharge Elimination System (NPDES) Permit
to the Cow Creek Band of Umpqua Tribe of Indians. The draft permit sets conditions for the
discharge-or release-of pollutants from the Cow Creek Gaming Center Wastewater Treatment
Plant to the South Umpqua River from November 1 through April 30. It also authorizes the
facility to transport commercial septage to a solids handling facility and dispose of biosolids from
the gravel filters in a municipal solid waste landfill. In order to ensure protection of water quality
and human health, the permit places limits on the types and amounts of pollutants that can be
discharged, and places conditions on the use of biosolids.

This Fact Sheet includes:
     information on public comment, public hearing, and appeal procedures
     a description of the proposed discharge, current septage practice, and future biosolids
     practice
     a listing of proposed effluent limitations, monitoring schedules, and other conditions
     a map and description of the proposed discharge location
     detailed technical material supporting the conditions in the permit

Public Comment
The EPA will consider all substantive comments before issuing the final permit. Those wishing to
comment on the draft permit may do so in writing by the expiration date of the Public Notice. A
request for public hearing must state the nature of the issues to be raised as well as the requester's

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name, address and telephone number.  After the Public Notice expires, and all comments have
been considered, EPA's regional Director for the Office of Water will make a final decision
regarding permit issuance.

If no substantive comments are received, the tentative conditions in the draft permit will become
final, and the permit will become effective upon issuance.  If substantive comments are received,
the EPA will address the comments and issue the permit.  The permit will become effective 30
days after the issuance date, unless a request for an evidentiary hearing is submitted within 30
days.

Documents are Available for Review
The draft NPDES permit and related documents can be reviewed or obtained by visiting or
contacting the EPA's Regional Office in Seattle between 8:30 a.m. and 4:00 p.m., Monday
through Friday at:
                    United States Environmental Protection Agency
                    Region 10
                     1200 Sixth Avenue, OW-130
                     Seattle, Washington 98101
                    (206)553-1214 or
                     1-800-424-4372 (within Alaska, Idaho, Oregon and Washington)

Draft permits, Fact Sheets, and other information can also be found by visiting the Region 10
website at www.epa.gov/rlOearth/offices/water/npdes.html. To ensure effective communication,
additional  services can be made available to persons with disabilities  by contacting the above EPA
numbers.

The Fact Sheet and draft permit are also available at:

                    United States Environmental Protection Agency
                    Oregon Operations Office
                    811 S.W.  6th Avenue 3rd Floor
                    Portland, Oregon 97204
                    (503) 326-3250
                                           -2-

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                            TABLE OF CONTENTS

I.     APPLICANT	  -4-

II.    FACILITY ACTIVITY	  -4-

III.    RECEIVING WATER	  -4-

IV.    FACILITY BACKGROUND	  -5-

V.    EFFLUENT LIMITATIONS	  -5-
      A.    Effluent Limits	  -5-

VI.    MONITORING REQUIREMENTS  	  -6-
      A.    Effluent/Influent Monitoring	  -6-
      B.    Ambient Monitoring	  -7-

VII.   OTHER PERMIT CONDITIONS	  -8-
      A.    Quality Assurance Plan	  -8-
      B.    Septage and Biosolids Management  	  -8-
      C.    Additional Permit Provisions  	  -8-

VIII.  OTHER LEGAL REQUIREMENTS	  -8-
      A.    Endangered Species Act	  -8-
      B.    State Certification	  -9-
      C.    Interstate Waters 	  -9-
      D.    Permit Expiration	  -9-

LIST OF ACRONYMS	  -10-
APPENDIX A- COW CREEK PLANT DESCRIPTION AND MAP  	  -A-l-
APPENDIX B- BASIS FOR EFFLUENT LIMITATIONS	  -B-l-
APPENDIX C- BIOSOLIDS/SEPTAGE	  -C-l-
APPENDIX D- ENDANGERED SPECIES ACT	  -D-l-

                              LIST OF TABLES

TABLE V-l: Outfall 001 Effluent Limitations	  -6-
TABLE VI-1: Outfall 001 Effluent/Influent Monitoring Requirements	  -7-
TABLE VI-2: Outfall 001 Ambient Monitoring Requirements	  -7-
                                     -3-

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I.      APPLICANT

       Cow Creek Gaming Center Wastewater Treatment Plant
       NPDES Permit No.: OR-003409-6

       Facility Location:                         Mailing Address:
       146 Chief Miwaleta Lane                  2371 NE Stephen, Suite 100
       Canyonville, Oregon 97417                Roseburg, Oregon 97470

       Facility contact: Tonya Theiss-Skrip, Special Projects Officer

II.     FACILITY ACTIVITY

       The Cow Creek Band of Umpqua Tribe of Indians (hereafter referred to as "the Tribe")
       owns, operates, and maintains the Cow Creek Gaming Center Wastewater Treatment
       Plant (WWTP) located within the Tribe's reservation in Canyonville, Oregon in Douglas
       County. The WWTP provides treatment equivalent to secondary for domestic sewage
       from the Tribally owned Seven Feather Hotel and Casino Resort (including a 156 unit
       hotel, casino, convention center, 33 unit RV park, and three food establishments) and
       training facility. There are no industrial discharges to the system. The facility's maximum
       design flow is 0.0865 million gallons per day (mgd).  Details about the wastewater
       treatment process and a map with the location of the treatment plant and discharge are
       included in Appendix A.

       The commercial septage removed from the WWTP septic tanks is transported to a solids
       handling facility where it is treated and disposed of off-reservation.  If the biosolids within
       the recirculation tank or drainfield gravel beds need disposing of, they shall be disposed of
       in a municipal solid waste landfill.

III.    RECEIVING WATER

       The draft permit allows the discharge of treated effluent from the Cow Creek WWTP to
       the South Umpqua River from November 1 through April 30 (high flow season).
       Although the Tribe does not have water quality standards for this water body, EPA must
       assure adjacent or downstream standards are met for the water body for the purpose  of
       developing permit limitations and conditions. Therefore, the State of Oregon's water
       quality standards were applied to this permit. The South Umpqua River is designated by
       the September 1992 Oregon Administrative Rules (OAR 340-41-282) as being protected
       for public and private domestic water supply, industrial  water supply, irrigation, livestock
       watering, anadromous fish passage, salmonid fish rearing and spawning, cold water
       resident fish and aquatic life, wildlife and hunting, fishing and boating, water contact
       recreation, aesthetic quality, and hydro power.  The  South Umpqua River has been listed
       under Section 303(d) of the Clean Water Act as not attaining Oregon water quality
                                          -4-

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       standards for biological criteria and water contact recreation/bacteria during the time of
       the proposed discharge.  Where the receiving water quality does not meet water quality
       standards after the imposition of technology-based effluent limitations, Section 303(d) of
       the Clean Water Act requires the development of a Total Maximum Daily Load (TMDL)
       Plan to ensure that these waters will come into compliance. A TMDL is a determination
       of the amount of a pollutant, or property of a pollutant, from point, nonpoint, and natural
       background sources, including a margin of safety, that may be discharged to a water body
       without causing the water body to exceed the water quality criterion for that pollutant. A
       TMDL has been drafted for the South Umpqua River. The TMDL will not however,
       effect the limits imposed in the permit.

       The EPA's national database of sampling sites and associated water quality data,
       STORET, was searched for the South Umpqua River. Flow data (4,556 days) where
       Days Creek meets the South Umpqua River from 1975 to  1990 clearly show the seasonal
       nature in the river. Flows range from a high of 25,000 cfs (16,125 mgd) in the winter
       months to a low of 29 cfs (45 mgd) during the summer months.  Because of the minimal
       mixing available and the 303(d) limited nature of the river from May 1 through October
       31, the Tribe will continue to discharge to its drainfields during this period.

IV.    FACILITY BACKGROUND

       The Tribe applied for  a NPDES permit for a year round WWTP discharge to the South
       Umpqua River on October 3, 1995. The EPA was concerned about a year round
       discharge to the South Umpqua due to the 303(d) listing and lack of a TMDL. Permit
       development began after receiving a March 2, 1998 letter from the Oregon Department of
       Environmental Quality stating that a winter  discharge would pose a minimal problem to
       the river if bacteria was addressed in the permit.

       Monitoring  data provided to the EPA from  September 1996 to September 1998, indicate
       the average  effluent five-day Biochemical Oxygen Demand (BOD5) and Total Suspended
       Solids (TSS) values are 9.3 mg/L and 9.3 mg/L respectively.  The associated average
       percent removal rates  for BOD and TSS are 95.9% and 86.6%.  Currently disinfection is
       not being used (resulting in high fecal coliform values) because the Tribe is discharging to
       drainfields surrounding the WWTP.

V.     EFFLUENT LIMITATIONS

       A.     Effluent Limits

              The  EPA followed the Clean Water Act, state and federal regulations, and the
              EPA's 1991 Technical Support Document for Water Quality-Based Toxics
              Control (TSD) to develop the draft effluent limits. Appendix B provides the basis
              for the development of effluent limits.
                                          -5-

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              In general, the Clean Water Act requires that the effluent limits for a particular
              pollutant be the more stringent of either the technology-based or water quality-
              based limits. Technology-based limits are set based on the level of treatment that is
              achievable using available technology.  Water quality-based limits are required for
              pollutants that are discharged at (or have the reasonable potential to discharge at)
              levels that could cause or contribute to an exceedance above the water quality
              standards in the South Umpqua River.

              The draft permit includes both technology-based and water quality-based limits
              (See Appendix C).  Technology-based limits have been developed for BOD5 and
              TSS. In addition, water quality-based limits have been developed for Escherichia
              coli (E. coli). Table V-l presents the effluent limits contained in the draft permit.

              TABLE  V-l:  Outfall 001 Effluent Limitations
Parameter
BODj1
TSS1
E. coli2
Monthly
Average Limit
30mg/L
22 Ibs/day
30mg/L
22 Ibs/day
126/lOOml
Average Weekly Limit
45 mg/L
33 Ibs/day
45 mg/L
33 Ibs/day
—
Daily Maximum Limit
—
—
406/lOOml
Notes: 1. The average monthly percent removal shall be greater than 85%
2. When five or more samples are taken for the month, the monthly average limit shall
be reported as a monthly log mean
              Consistent with Oregon state standards, the draft permit requires that the WWTP
              effluent pH be within the range of 6.5-8.5 standard units and that the discharge be
              free from objectionable discoloration, scum, oily sleek or floating solids. The
              discharge shall not cause appreciable bottom or sludge deposits.  The draft permit
              also prohibits discharges of waste streams that are not part of the normal operation
              of the facility,  as reported in the permit application.

VI.    MONITORING REQUIREMENTS

       A.     Effluent/Influent Monitoring

              Section 308 of the Clean Water Act and federal regulation 40 CFR 122.44(i)
              requires that monitoring be included in permits to determine compliance with
              effluent limitations. Monitoring may also be required to gather data for future
              effluent limitations or to monitor effluent impacts on receiving water quality.
              Effluent monitoring for total ammonia and temperature is included to verify
                                            -6-

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       compliance with the state standards for ammonia and to gather data for a future
       ammonia limit if one is needed.  The permittee is responsible for conducting the
       monitoring and for reporting results by the 10th day of the month following the
       calendar quarter on Discharge Monitoring Reports (DMRs) to the EPA. Table
       VI-1 presents the draft monitoring requirements based on the minimum sampling
       necessary to adequately monitor the facility's performance.  Effluent monitoring
       shall be conducted after the last treatment unit and prior to discharge (such as at
       the pump stations).  Influent monitoring shall be before any treatment process of
       the WWTP.

       TABLE VI-1: Outfall 001 Effluent/Influent Monitoring Requirements
Parameter
Flow, mgd
BODjmg/L1
TSS, mg/L1
pH, standard units2
E. coli, organisms/100 ml
Total Ammonia as N, mg/L
Temperature, °C
Sample Frequency
Continuous
I/week
I/week
2/week
I/week
I/quarter
I/quarter
Sample Location
Influent or Effluent
Influent and Effluent
Influent and Effluent
Effluent
Effluent
Effluent
Effluent
Notes: 1. Percent Removal Monitoring: The percent BOD5 and TSS removal will be
reported on each quarterly DMR form.
2. The permittee shall report the pH values and number and duration of pH
excursions during the quarter with the DMR for that quarter.
B.     Ambient Monitoring

       The draft permit requires the Permittee to conduct quarterly ambient (in-stream)
       monitoring upstream of outfall 001.  The Permittee shall submit the upstream
       ambient site to EPA and indicate the location on the quarterly DMRs.  Table VI-2
       presents the monitoring requirements that will be used to verify compliance with
       ammonia standards. Based on the results of this study, EPA will determine
       whether to include ammonia permit limits when the permit is renewed.
                                    -7-

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              TABLE VI-2.  Outfall 001 Ambient Monitoring Requirements
Parameter
Ammonia, mg/L
pH, standard units
Temperature, °C
Sample Frequency
Quarterly
Quarterly
Quarterly
VII.   OTHER PERMIT CONDITIONS

       A.     Quality Assurance Plan

              Federal regulation 40 CFR 122.41(e) requires the permittee to develop and submit
              a Quality Assurance Plan to ensure that the monitoring data submitted is accurate
              and to explain data anomalies if they occur.  The plan must also address sampling
              location, variability in the receiving water, appropriate sampling and analytical
              methods, analytical variability, and quality assurance/quality control for sampling
              and analysis.  The permittee is required to submit a Quality Assurance Plan within
              120 days of the effective date of the draft permit.  The Quality Assurance Plan
              shall consist of standard operating procedures the permittee must follow for
              collecting, handling, storing and shipping samples, laboratory analysis, and data
              reporting.

       B.     Septage and Biosolids Management

              Commercial septage is generated by the Cow Creek WWTP septic tanks. This
              septage is transported from the WWTP to a solids handling facility off of the
              reservation where it is treated and land applied.

              The only biosolids potentially generated by the WWTP would be from the disposal
              of the gravel from the recirculation tanks or drainfields. Because it is unclear if the
              gravel biosolids will ever need disposing of, the draft permit contains the
              contingency that they either be disposed of in a municipal solid waste landfill or or
              cleaned and recycled with the biosolids being hauled to a solids handling facility.
              Appendix D details which regulations apply to biosolids disposal.

       C.     Additional Permit Provisions

              Sections III, IV, and V of the draft permit contain "boilerplate" requirements.
              Boilerplate is standard regulatory language that applies to all permittees and must
              be included in NPDES permits.  Because they are regulations, they cannot be
              challenged in the context of an NPDES permit action. The boilerplate covers

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              requirements such as monitoring, recording, reporting requirements, compliance
              responsibilities, and general requirements.

VIII.  OTHER LEGAL REQUIREMENTS

       A.     Endangered Species Act

              The Endangered Species Act requires federal agencies to consult with the National
              Marine Fisheries Service and the U.S. Fish and Wildlife Service if their actions
              could beneficially or adversely affect any threatened or endangered species. The
              EPA has completed informal consultation with the National Marine Fisheries
              Service and is in the process of informal consultation with the U.S. Fish and
              Wildlife Service regarding whether the issuance of this permit will affect any of the
              threatened or endangered species in the vicinity of the discharge.  See Appendix E
              for further details.

       B.     State Certification

              Since the WWTP discharge is from  a facility located within the boundaries of the
              Cow Creek Band of Umpqua Tribe  of Indians Reservation, the provisions of
              Section 401 of the Clean Water Act requiring state or tribal certification of the
              permit do not apply and the EPA will conduct the 401  certification of this permit.
              However, copies of the draft permit action have been provided to the Cow Creek
              Band of Umpqua Tribe of Indians as well as the Oregon Department of
              Environmental Quality.

       C.     Interstate Waters

              Under 40 CFR 124.10(c)(l)(iii), the EPA must give notice of this permit action to
              any affected state.  Notice has been given to the Oregon Department of
              Environmental Quality and other Oregon state agencies (as defined in this
              regulation) potentially  impacted by this action.

       D.     Permit Expiration

              This permit will expire five years from the effective date of the permit.
                                           -9-

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                                LIST OF ACRONYMS

BAT         Best Available Technology economically achievable
BCT         Best Conventional pollutant control Technology
BOD         Biochemical Oxygen Demand
BPJ         Best Professional Judgement
BPT         Best Practicable control Technology currently available
CFR         Code of Federal Regulations
CWA        Clean Water Act
DMR        Discharge Monitoring Report
EPA         Environmental Protection Agency
mgd         Million gallons per day
mg/L         Milligrams per liter
MSWLF     Municipal Solid  Waste Landfill
NMFS       National Marine Fisheries  Service
NPDES      National Pollutant Discharge Elimination System
ODEQ       Oregon Department of Environmental Quality
POTW       Publicly Owned Treatment Works
TMDL       Total Maximum Daily Load
TSD         Technical Support Document for Water Quality-based Toxics Control (EPA
             1991)
TSS         Total Suspended Solids
USFWS      United State Fish and Wildlife Service
UV          Ultraviolet Radiation
WLA        Wasteload Allocation
WWTP      Wastewater treatment plant
                                         -10-

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           APPENDIX A - COW CREEK PLANT DESCRIPTION AND MAP

The influent wastewater from the gaming center and training facility is collected in a conventional
gravity sewer system and discharged into a community septic tank system where it receives
preliminary treatment.  The 150,000 gallon septic tank has three walls that make up a meander
route for the wastewater. The wastewater is screened before entering the discharge compartment
and screened again before being pumped to a series of 24-3,000 gallon recirculation tanks. The
two-50 gpm pumps in the recirculation tanks transfer the effluent onto the gravel filter, three to
five times a day, at a maximum daily application rate of five gallons/ft2/day.  Twenty percent
(20%) of the effluent is collected in a 4-inch diameter pipe at the bottom of the gravel filter and
either disinfected by ultra violet (UV) and discharged to the South Umpqua River (November 1
through April 30) or discharged to sixteen separate drainfields (May 1 through October 31).  The
remaining eighty percent (80%) of the effluent is recirculated through the gravel filter tanks again
for additional biological treatment.

The commercial septage from the septic tank is transported by  a commercial hauler to a solids
handling facility off-reservation where it is treated and land applied. If the gravel filter material
from the recirculation tank or drainfield ever becomes ineffective and needs replacing, disposal
shall be to a municipal solid waste landfill (MSWLF).

For a color hard copy of the following map, send a request to:
       United States Environmental Protection Agency
       Region 10
       1200 Sixth Avenue, OW-130
       Seattle, Washington 98101
       (206)553-1214 or
       1-800-424-4372 (within Region 10 only)

Be sure to reference the NPDES permit number for this facility (OR-003409-6) in addition to the
file name.
                                          A-l

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MAP OF COW CREEK GAMING  CENTER FACILITY AND  DISCHARGE  LOCATION
                                                                                                                                    Cow Creek Gaming Center
                                                                                                                                      Wastewater Treatment Plant
                                                                                                                           This computer representation has bean compiled by the U.S.
                                                                                                                           Environmental Protection Agency (EPA) from sources which have
                                                                                                                           supplied data or information that has not boon verified by the EPA. This
                                                                                                                           data Is offered here as a general representation only, and Is not to tie
                                                                                                                           used for commercial purposes without verification by an I nd spend ant
                                                                                                                           prolessional qualified to verify such data or information. The EPA
                                                                                                                           does not guarantee the accuracy, completeness, or timeliness of the
                                                                                                                           information shown, and shall not be liabls for any loss or injury
                                                                                                                           resulting from reliance upon the information shown.
                                                                                                                                             LEGEND


                                                                                                                                       General Land Ownership
                                                                                                                            |    I Agricultural Research    I    1 U.S. Forest Service
                                                                                                                                 nu.S. Bureau of        I    I National Park Service
                                                                                                                                 Land Management      I	I
                                                                                                                            r~  I U.S. Department

                                                                                                                            |    | ^f™^
                                                                                                                                       0.2 0.3  0.4 0.5
                                                                                                                                                       0.7  0.8  0.9  1
                                                                                 A-2

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                APPENDIX B - BASIS FOR EFFLUENT LIMITATIONS

Sections 101, 301(b), 304, 308, 401, 402, and 405 of the Clean Water Act (CWA) provide the
basis for the effluent limitations and other conditions in the draft permit.  The EPA evaluates
discharges with respect to these sections of the CWA and the relevant NPDES regulations to
determine which conditions to include in the draft permit.

In general, the EPA first determines which technology-based limits must be incorporated into the
permit.  The EPA then evaluates the effluent quality expected to result from these controls, to see
if it could result in any exceedences of the water quality standards in the receiving water. If
exceedences could occur, the EPA must include water quality-based limits in the permit. The draft
permit limits will reflect whichever requirements (technology-based or water quality-based) are
more stringent.  The limits which the EPA is proposing in the draft permit are found in Section
V. A of this Fact Sheet.

       A.    Technology-based Evaluation for Municipals

             The 1972 CWA required publicly owned treatment works (POTWs) to meet
             performance-based  requirements based on available wastewater treatment
             technology. Section 301 of the CWA established a required performance level,
             referred to as "secondary treatment," that all POTWs were required to meet by
             July 1, 1977.

             More specifically, Section 301(b)(l)(B) of the CWA requires that EPA develop
             secondary treatment standards for POTWs as defined in Section 304(d)(l) of the
             CWA. Based on this statutory requirement, EPA developed  secondary treatment
             regulations which are specified in 40 CFR Part 133. These technology-based
             regulations apply to all municipal wastewater treatment plants and identify the
             minimum level of effluent quality attainable by secondary treatment in terms of
             BOD5, TSS and pH.  According to 40 CFR 122.2 a municipality refers to a city
             town, borough, county, parish, district, association or Indian  tribe or an authorized
             Indian tribal organization.  The Part 133 regulations provide for special
             considerations regarding combined sewers, industrial wastes, waste stabilization
             ponds, and less concentrated influent wastewater for combined and separate
             sewers. Pursuant to Section 304(d)(4) of the CWA, the regulations also define
             "treatment equivalent to secondary treatment" and the alternative standards that
             apply to facilities meeting this definition.

             An important aspect of municipal wastewater is that it is amenable to biological
             treatment.  The biological treatment component of a municipal treatment  plant is
                                          B-l

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       termed secondary treatment and is usually preceded by simple settling (primary
       treatment). In response to the CWA requirements, EPA evaluated performance
       data for POTWs practicing secondary treatment and established performance
       standards based on its evaluation.

B.     Water Quality-based Evaluation

       In addition to the technology-based limits discussed above, the EPA evaluated the
       discharge to determine compliance with Section 301(b)(l)(C) of the CWA. This
       section requires the establishment of limitations in permits necessary to meet water
       quality standards by July 1,  1977.

       NPDES regulation 40 CFR  122.44(d)(l) requires that permits include limits for all
       pollutants  or parameters which "are or may be discharged at a level which will
       cause, have the reasonable potential to cause, or contribute to an excursion above
       any state water quality standard, including state narrative criteria for water
       quality."  The limits must be stringent enough to ensure that water quality
       standards are met, and must be consistent with any available wasteload allocation
       (WLA).

       EPA used the approach outlined below when determining whether water quality-
       based limits are needed and  when developing those limits. Water quality-based
       limits were needed for Escherichia coli (E. coli).

       1.  Determine the appropriate criteria
       2.  Determine whether there is "reasonable  potential" to exceed the criteria
       3.  If there is reasonable potential to exceed the criteria, then develop effluent
       limits

C.     Effluent Limitations

       This discussion outlines the  basis for each of the effluent limitations in the Cow
       Creek WWTP draft NPDES permit. The limitations proposed are either
       technology-based or water quality-based.

       1.      Biochemical Oxygen Demand and Total Suspended Solids

              The WWTP is a POTW. As such, the facility is subject to the technology-
              based requirements for BOD5 and TSS in 40 CFR 133.102, as outlined in
              Table C-l.
                                    B-3

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Table B-l: Secondary Treatment Requirements
Parameter
BOD,
TSS
Monthly Average
(mg/L)
30
30
Weekly Average
(mg/L)
45
45
Percent
Removal
(%)
85
85
In addition to the concentration limits, 40 CFR 122.45(f) requires that
NPDES permits contain mass-based limits for such pollutants as BOD5 and
TSS.  The draft permit establishes loading limits based on the WWTPs
current design capacity of 0.0865 mgd (40 CFR 122.45(b)).  The limits are
calculated by multiplying the concentration limits by the design flow and a
conversion factor of 8.34 pound»liter/milligram»million gallons, as shown
below:
Monthly Average Load:

Weekly Average Load:


pH
= (0.0865 mgd)(30 mg/L)(8.34)
= 22 Ibs/day
= (0.0865 mgd)(45 mg/L)(8.34)
= 33 Ibs/day
In addition to limits on BOD5 and TSS, 40 CFR 133.102 specifies a pH
range from 6.0 to 9.0 standard units for POTWs. The State water quality
standards for protection of fresh water (OAR 340-4 l-285(2)(d)) requires
that ambient pH be in the range of 6.5 - 8.5 standard units. Therefore, the
draft permit incorporates the more stringent water quality-based
requirements.

Bacteria/E. coli

Criteria for bacteria has been adopted by the Oregon Department of
Environmental Quality (ODEQ), based on the beneficial uses of the South
Umpqua River (See Section III of the Fact Sheet). The criteria is expressed
as E. coli.  The  ODEQ water quality standard, OAR 340-4l-285(2)(e),
limits E. coli to  126 organisms per 100 ml, based on a minimum of five
samples and 406 organisms per 100 ml never to be exceeded.  Although
effluent monitoring data is not available for E. coli, past studies have
shown a direct relationship between fecal coliform and E. coli in domestic
waste. Therefore, because past fecal coliform monitoring (ranging from
                      B-4

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       16,000/100ml to 240,000/100ml) indicates a significant exceedence of the
       state criteria for E. coli, a reasonable potential analysis is not necessary.
       The Cow Creek WWTP will disinfect the effluent to the South Umpqua
       River by ultra violet radiation.

       Dilution is unavailable in the development of bacteria permit limits because
       the receiving water exceeds the state criteria for bacteria. Therefore, the E.
       coli limits are applied "end-of-pipe" (prior to discharge to the river). The
       draft limits for E. coli include a monthly average limit of 126/100 ml based
       on a minimum of five samples and a maximum daily limit of 406/100 ml.

4.      Floating, Suspended or Submerged Matter

       In accordance with OAR 340-410285(j and k) the formation of
       objectionable discoloration, scum, oily sleek or floating solids shall not be
       allowed. The formation of appreciable bottom or sludge deposits is also
       not allowed.
                             C-4

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                         APPENDIX C - BIOSOLIDS/SEPTAGE

The sludge (biosolids) management regulations of 40 CFR 503 were designed so that the
standards are directly enforceable against most users or disposers of biosolids, whether or not
they obtain a permit. Therefore, the publication of Part 503 in the Federal Register on February
19, 1993 served as notice to the regulated community of its duty to comply with the requirements
of the rule, except those requirements that indicate that the permitting authority  shall specify what
has to be done.

Even though Part 503 is largely self-implementing, Section 405(f) of the CWA requires the
inclusion of biosolids use or disposal requirements in any NPDES permit issued to a Treatment
Works Treating Domestic Sewage. In addition, the biosolids permitting regulations in 40 CFR
Section 122 and 124 have been revised to expand the Agency's authority to issue NPDES permits
with these requirements.  This includes all biosolids generators, biosolids treaters and blenders,
surface disposal sites and biosolids incinerators.  Therefore, the requirements of 40 CFR 503 have
to be met when biosolids are applied to the land, placed on a surface disposal site, placed on a
MSWLF unit, or fired in a sewage sludge incinerator.

Requirements are included in Part 503 for pollutants in biosolids, the reduction of pathogens in
biosolids, the reduction of the characteristics in biosolids that attract vectors, the quality of the
exit gas from a biosolids incinerator stack, the quality of biosolids that are placed in a MSWLF
unit, the sites where biosolids are either land applied or placed for final disposal, and for a
biosolids incinerator.

       A.     Management

              D.     Commercial Septage:  The commercial septage generated in the septic
                     tanks periodically needs disposing of.  The Tribe sends the septage to a
                     solids handling facility that treats and land applies it off-reservation.
                     Commercial septage is excluded from coverage under the Biosolids
                     management regulations (40 CFR 503.6), therefore, conditions for
                     transporting the septage to another facility are not included in the draft
                     permit.

              E.     Biosolids: The permittee currently  does not generate biosolids from the
                     WWTP.  However, there is the potential for the Permittee to need a
                     disposal method for the gravel filter beds, in the recirculation tanks and
                     drainfields, should they need replacing. Currently, the gravel beds are
                     performing well and the consultant who designed the WWTP does not
                     envision the need to replace or clean the filter material during the life of the
                     permit.  However, if the filter  material needs replacing or cleaning, the
                     material shall be disposed of either in a MSWLF or cleaned and recycled.
                     The material cleaned from the gravel shall be hauled to a solids handling
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              facility off of the reservation. A MSWLF unit is the area of the solid waste
              landfill operation that actually receives the household waste.  The permittee
              shall take all reasonable steps to ensure that the MSWLF complies with 40
              CFR 258 and Subtitle D of RCRA (56 FR 50978).

B.     Permit Requirements

       To ensure compliance with the CWA and the federal standards for the use or
       disposal of biosolids (40 CFR 503), the draft permit contains the following
       requirements:

       1.      State Laws and Federal Standards:  Pursuant to 40 CFR 122.41 (a), a
              condition has been incorporated into the draft permit requiring the
              Permittee to comply with all existing federal laws  and state laws, and all
              regulations applying to biosolids use and disposal.  These standards are
              interpreted using the specific EPA guidance documents listed in paragraph
              2, below.  These documents are used by EPA Region 10 as the primary
              technical references for permitting and enforcement activities.

       2.      Health and Environmental General Requirement: The CWA requires that
              the environment and public health be protected from toxic effects of any
              pollutants  in biosolids.  Therefore, the Permittee must handle and
              use/dispose of biosolids in such a way as to protect human health and the
              environment.

              The U.S. Department of Agriculture assists facilities in evaluating potential
              nutrient or micronutrient problems.  Additionally,  the EPA has published
              the following guidance to assist facilities in evaluating their biosolids for
              pollutants  other than those listed in  40 CFR 503: Part 503 Implementation
              Guidance., EPA 833-R-95-001  and Environmental Regulations and
              Technology: Control of Pathogens and Vector Attraction in Sewage
              Sludge, EPA/625/R-92/013.

       3.      Protection of Surface Waters from Sludge Pollutants:  Section 405(a) of
              the CWA  prohibits any practice where biosolids removed in a treatment
              works at one location would ultimately enter surface waters at another
              location. Under this requirement the Permittee must protect surface waters
              from metals, nutrients, and pathogens  contained in the biosolids.

       4.      Biosolids Use/Disposal Practices:  Information  from the Tribe indicates the
              facility will dispose of its biosolids in a MSWLF if needed, therefore, these
              practices are authorized in the draft permit.
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       The facility does not receive biosolids from other treatment works,
       therefore the permit prohibits this activity.

5.      Monitoring and Recording:  Monitoring that is representative of the
       biosolids quality and variability shall occur prior to disposal at the
       MSWLF.  The paint filter test (40 CFR 258.28) shall be performed  each
       time biosolids are transported to a MSWLF to ensure that the biosolids do
       not contain free liquids.  The biosolids shall also not contain hazardous
       materials in accordance with 40 CFR 258.20. If the biosolids are used as
       landfill cover, they must be  suitable for that purpose according to 40 CFR
       258.21.  The quality of the biosolids must also meet 40 CFR Parts 260
       Subpart B and 261, Subpart C RCRA requirements for materials disposed
       in a MSWLF unit. Records shall be kept and a report submitted to  the
       EPA, with the subsequent quarterly DMR, each time the biosolids are
       disposed of documenting the results of the monitoring.

6.      Planned Changes: Disposal options other than in a MSWLF off-
       reservation are not authorized during the life of the permit because
       information given by the Permittee does not indicate that such activities
       would comply with the necessary federal standards.  Disposal of biosolids
       elsewhere at the landfill, such  as in a separate trench, or stockpiling of
       biosolids for longer than two years, would be a different biosolids practice
       known under the federal biosolids rules as "surface disposal." The
       requirements of the 503 rules for surface disposal in 503.20-29 must be
       met in this case. This would be a major change in biosolids practices and
       would require a permit modification. The Permittee must apply for a
       permit modification 180 days before making a major change in biosolids
       management (40 CFR 122.21).
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                     APPENDIX D - ENDANGERED SPECIES ACT

In a letter dated September 4,  1998, the National Marine Fisheries Service (NMFS) identified the
following federally-listed species in the area of discharge:

       A.     Threatened Species
              •       Umpqua River cutthroat trout (Orcorhynchus clarki clarki)
              •       Oregon coast coho salmon (including Umpqua River coho, O. kisutch)

The EPA has completed informal consultation with the NMFS. Both agencies agree that the
discharge from the Cow Creek WWTP is not likely to adversely affect the Umpqua River
cutthroat trout or Umpqua River coho. Factors for the decline of the Umpqua River cutthroat
trout include logging; recreational fishing; predation by marine mammals, birds, and native and
nonnative fish species; adverse environmental conditions resulting from natural factors such as
droughts, floods, and poor ocean conditions; non-point and point source pollution caused by
agriculture and urban development; disease outbreaks by hatchery introduction and warm water
temperatures; unscreened irrigation inlets; competition with other trout; loss and alteration of
estuarine areas; and loss of habitat by dam construction. The major activities responsible for the
decline of the Umpqua River coho in Oregon are logging, road building, grazing and mining
activities, urbanization, stream channelization, dams, wetland loss, beaver trapping, water
withdrawals, and unscreened diversions for irrigation.

In a letter dated November 12, 1998 the US Fish and Wildlife Service (USFWS) identified the
following federally-listed species in the South Umpqua River.

       A.     Threatened Species
              •       Bald eagle (Haliaeetus leucocephalus)
              •       Northern  spotted owl (Strix occidentalis caurina)
              •       Coho salmon (Oregon coast, Oncorhynchus kisutch)
       B.     Critical Habitat
              •      Northern spotted owl (Strix occidentalis caurina)

       C.     Endangered Species
              •      Columbian white-tailed deer (Odocioleus virginianus leucurus)
              •       Peregrine falcon (Falco peregrinus)
              •      Umpqua River cutthroat trout (Oncorhynchus clarki clarki)
       D.     Proposed Species
              •       Kincaid's lupine (Lupinus sulphureus var. kincaidif)

The EPA is currently in informal consultation with the USFWS in order to determine if the draft
permit has no affect on the above listed species.
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