Text

Revision of the National Pollutant Discharge Elimination System Permit
	ML12128A025
Person / Time
Site:	Perry
Issue date:	04/12/2012
From:	Emily Larson; FirstEnergy Nuclear Operating Co
To:	; Document Control Desk, Office of Nuclear Reactor Regulation
References
	L-12-136
	Download: ML12128A025 (41)
	v • d • e

FENOC FPerry Nuclear Power Plant FirstEnergy Nuclear operating Company 10 Center Road P.O. Box 97 Perry, Ohio 44081 April 12, 2012 L-12-136 ATTN: Document Control Desk U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001

SUBJECT:

Perry Nuclear Power Plant Docket No. 50-440, License No. NPF-58 Revision of the National Pollutant Discharge Elimination System Permit Attached is a copy of the new National Pollutant Discharge Elimination System permit for the Perry Nuclear Power Plant, which is effective May 1, 2012. The new permit replaced the previous expired permit and will be in effect until January 31, 2017. The attached information is submitted as required by the Perry Operating License, NPF-58, Appendix B, Environmental Protection Plan, Section 3.2.

There are no regulatory commitments contained in this letter. If you have questions or require additional information, please contact Ms. Dianna Henslee at (440) 280-4142.

Sincerely, Eric A. Larson Site Vice President, Acting Attachment cc:

NRC Region III NRC Resident Inspector NRC Project Manager

Environmental

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Governor E C E IV E Lt. Governe MarchDirector 2AR 2 7 2 12

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RE:

Ohio EPA Permit No: 31B00016*JD Facility Name: Perry Nuclear Power Plant FirstEnergy Nuclear Gen Corporation 10 Center Road Perry, OH 44081 Ladies and Gentlemen:

Transmitted herewith is one copy of the final National Pollutant Discharge Elimination System permit referenced above. An invoice for a NPDES permit issuance fee may be included, and is in addition to any application fee previously submitted. If an invoice is enclosed it will include instructions for paying the issuance fee to Ohio EPA.

You are hereby notified that this action of the Director is final and may be appealed to the Environmental Review Appeals Commission pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and set forth the action complained of and the grounds upon which the appeal is based. The appeal must be filed with the Commission within thirty (30) days after notice of the Director's action. The appeal must be accompanied by a filing fee of $70.00, made payable to "Ohio Treasurer Josh Mandel", which the Commission, in its discretion, may reduce if by affidavit you demonstrate that payment of the full amount of the fee would cause extreme hardship. Notice of the filing of the appeal shall be filed with the Director within three (3) days of filing with the Commission. Ohio EPA requests that a copy of the appeal be served upon the Ohio Attorney General's Office, Environmental Enforcement Section. An appeal may be filed with the Environmental Review Appeals Commission at the following address:

Environmental Review Appeals Commission 17th Floor, 77 South High Street Columbus, OH 43215 Sincerely, Chris Bowman, Manager Permit Processing Unit Division of Surface Water CB/kep Enclosure CERTIFIED MAIL 50 West Town Street, Suite 700 614 1644 3020 P.O. Box 1049 614 1 644 3184 (fax)

Columbus, OH 43216-1049 www.epa.ohio.gov

Ohio EPA Invoice/Receipt Date Printed:

March 21, 2012 Organization ID:

60477 Revenue ID: 870598 Please include this Revenue ID with all correspondence.

Due Date: May 16, 2012 Amount Due: $750.00 Information:

First Energy Perry Nuclear Power Pit 10 Center Rd Perry, OH 44081-Effective Date: May 01, 2012 Revenue

Description:

DSW-NPDES Permit Issuance Program Name:

Surface Water Programs, Reason:

NPDES permit renewal issuance 31Bo0016*JD-Perry Nuclear PP For some Revenues, Interest and/or Penalties may be charged for late payment.

Next Interest Date (if applicable)'

June 15, 2012 Next Penalty Date (if applicable):

~itanc Adice~

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a~h~ Here -

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e urThis Portion With Your Payment Organization ID:

60477 Information:

First Energy Perry Nuclear Power Pit 10 Center RI Perry, OH 44081-SNPDE / 31B00016 Due Date: IMay 16, 2012 Amount Due: ;750.00 Secondary Type/Id:

Revenue Type:

PTONI Amount Enclosed: $

Please w-ite this, numb~er on'you-r check;,- Revenue ID:

.870598'-

JMlake check or money ore aal o!Te~rr Stat'e of Ohio"~

Remit to: Ohio Environmental Protection Agency - OFA Department L-2711 Columbus, OH 43260-2711 r Ohio EPA Lýýe only Check ID:

Check Date:

Check Number:

Check Amount:

00477 First Ener Perr Nuclear Power Pit 5000 0PTONI 70598

Page I 31B00016*ID Application No. OH0063461 Issue Date: March 23, 2012 Effective Date: May 1, 2012 Expiration Date: January 31, 2017 Ohio Environmental Protection Agency 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., hereirafter referred to as the "Act"), and the Ohio Water Pollution Control Act (Ohio Revised Code Section 6111),

First Energy Nuclear Operating Company is authorized by the Ohio Environmental Protection Agency, hereinafter referred to as "Ohio EPA," to discharge from the Perry Nuclear Power Plant wastewater treatment works located at 10 Center Road, North Perry Village, Ohio, Lake County and discharging to Lake Erie in accordance with the conditions specified in Parts I, II, 111, IV, V and VI of this permit.

This permit is conditioned upon payment of applicable fees as required by Section 3745.11 of the Ohio Revised Code.

This permit and the authorization to discharge shall expire at midnight on the expiration date shown above. In order to receive authorization to discharge beyond the above date of expiration, the permittee shall submit such information and forms as are-,required by the Ohio EPA no later than 180 days prior to the above date of expiration.

Scott J. Nallyý

-3, Director Total Pages: 38

Page 2 3JB00016*JD Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. During the period beginning on the effective date and lasting until expiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from-outfall 3IB00016004. See Part II, OTHER REQUIREMENTS, for locations of effluent sampling.

Table - Final Outfall - 004 -Final Effluent Characteristic Parameter Discharge Limitations Concentration Specified Units Loading* kg/day Maximum Minimum Weekly Monthly Daily Weekly Monthly Monitoring Requirements Measuring Frequency Sampling Type Monitoring Months 00011 - Water Temperature - F 00400 - pH - S.U.

00981 - Selenium, Total Recoverable - ug/l 01 119 - Copper, Total Recoverable - ug/

34044 - Oxidants, Total Residual - mg/l 50050 - Flow Rate - MGD 50060 - Chlorine, Total Residual - mg/I 50092 - Mercury, Total (Low Level) - ng/l 9.0 6.5 I/Day Continuous 2/Week Grab I/Quarter Grab I/Quarter Grab When Disch. Grab All All 0.05 0.2 1/Day Continuous When Disch. Grab Quarterly Quarterly All All All Quarterly All l/Quarter Grab When Disch. Total' 78739 - Chlorination/Bromination Duration 120

- Minutes Notes for Station Number 311B00016004:

-The Total Residual Chlorine (TRC) and Total Residual Oxidants (TRO) limiits are the maximum allowed at the outfall at any time. Analyses are to be performed by amperometric titration, Orion Residual Chlorine Electrode, or other approved methods during chlorination and/or bromination. The daily grab samples for the TRC and TRO shall represent the maximum concentration discharged during chlorination and/or bromination.

-Measure TRO, TRC and Cl/Br duration on days when using treatment.

-Grab sample for TRO and TRC will be taken during treatment event.

Page 3 31BOOO 16*JD

-TRO reflects the use of bromine compounds. Bromine can be used separately or in combination with chlorine. These limits are effective when bromine is used. Discharge limitations for TRO may be met using a dehalogenating agent necessary to completely eliminate the residual..

-Report TRO on days when bromine compounds are used with or without chlorine. On days when no bromine compounds are used, state this in the remarks section and LEAVE THE DATA AREA BLANK.

- Report TRC on days when ONLY chlorine compounds are used (i.e. no bromine compounds. On days when bromine or a combination of bromine and chlorine is used, state this in the remarks section and LEAVE THE DATA AREA BLANK.

- Sampling shall be performed when discharging. If NO DISCHARGE OCCURS DURING THE ENTIRE MONTH:

1)eDMR users should select the "No Discharge" check box on the data entry form and enter "No discharge during the month" in the Remarks Section. PIN the eDMR.

2) Permittees reporting on paper should report "AL" in the first column of the first day of the month on the 4500 Form. Sign the form.

See Part II, Item IL Mercury - See Part II, Item J.

Page 4 31B00016*JD Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

2. During the period beginning on the effective date and lasting until the expiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from outfall 313300016005, 31B00016006, and 3I1B00016007. See Part II, OTHER REQUIREMENTS, for locations of effluent sampling.

NOTES for Station Number 31B00016005, 31B00016006, and 31B00016007:

-Storm Water Pollution Prevention Plant - See Part IV.

Page 5 31B000166*1D Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

3. During the period beginning on the effective date and lasting until the expiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from outfall 31B00016094. See Part II, OTHER REQUIREMENTS, for locations of effluent sampling.

This is actually Outfall 31B00016004 for Chlorination/Bromination of greater than 120 minutes per day.

Table - Ficticious Outfall/Station - 094 - Final Effluent Characteristic Parameter Discharge Limitations Concentration Specified Units Loading* kg/day Maximum Minimum Weekly Monthly Daily Weekly Monthly Monitoring Requirements Measuring Frequency Sampling Type Monitoring Mouths 00011 - Water Temperature - F 00400 - pH - S.U.

00981 -Selenium, Total Recoverable - ug/l 01119 - Copper, Total Recoverable - ug/l 34044 - Oxidants, Total Residual - mg/l 50050 - Flow Rate - MGD 50060 - Chlorine, Total Residual - mg/I 50092 - Mercury, Total (Low Level) - ng/l 1/Day Continuous 2/Week Grab All All 9.0 6.5 l/Quarter Grab 1/Quarter Grab When Disch. Grab 0.01 1/Day Continuous When Disch. Grab Quarterly Quarterly All All All Quarterly All 0.038 1/Quarter Grab When Disch. Total 78739 - Chlorination/Bromination Duration

- Minutes Notes for Station Number 31B00016094:

- The Total Residual Chlorine (TRC) and Total Residual Oxidants (TRO) limits are the maximum allowed at the outfall at any time. Analyses are to be performed by amperometric titration, Orion Residual Chlorine Electrode, or other approved tnethods during chlorination and/or bromination. The daily grab samples for the TRC and TRO shall represent the maximum concentration discharged during chlorination and/or bromination.

- Measure TRO, TRC and Cl/Br duration on days when using treatment.

- Grab sample for TRO and TRC will be taken during treatment event.

- TRO reflects the use of bromine compounds. Bromine can be used separately or in combination with chlorine. These limits are effective

Page 6 31B00016*JD when bromine is used. Discharge limitations for TRO may be met using a dehalogenating agent necessary to completely eliminate the residual.

- Sampling shall be performed when discharging. If NO DISCHARGE OCCURS DURING THE ENTIRE MONTH:

1) eDMR users should select the "No Discharge" check box on the data entry form and enter "No discharge during the month" in the Remarks Section. PIN the eDMR.

2) Permittees reporting on paper should report "AL" in the first column of the first day of the month on the 4500 Form. Sign the form.

See Part II, Item I.

Mercury - See Part II, Item J.

Page 7 31B00016*J ID Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

4. During the period beginning on the effective date and lasting until expiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from outfall 31300016601. See Part 1I, OTHER REQUIREMENTS, for locations of effluent sampling.

Table - Internal Monitoring Station - 601 - Final Effluent Characteristic Discharge Limitations Monitoring Requirements Concentration Specified Units Loading* kg/day Measuring Sampling Monitoring Parameter Maximum Minimum Weekly Monthly Daily Weekly Monthly Frequency Type Months 00400 - pH - S.U.

1 I / 2 Weeks Grab All 00530 - Total Suspended Solids - mg/l 100 30 I / 2 Weeks Grab All 00550 - Oil and Grease, Total - mg/I 20 15 1/ 2 Weeks Grab All 50050 - Flow Rate - MGD Continuous 24hr Total All Notes for Station Number 3EB00016601:

- Sampling shall be performed when discharging. If NO DISCHARGE OCCURS DURING THE ENTIRE MONTH:

1) eDMR users should select the "No Discharge" check box on the data entry form and enter "No discharge during the month" in the Remarks Section. PIN the eDMR.

2) Permittees reporting on paper should report "AL" in the first column of the first day of the month on the 4500 Form. Sign the form.

Page 8 31B00016*JD Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

5. During the period beginning the third month from the effective date and lasting until expiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from outfall 311300016603. See Part II, OTHER REQUIREMENTS, for locations of effluent sampling.

Table - Internal Monitoring Station - 603 - Final Effluent Characteristic Discharge Limitations Monitorine Requirements Concentration Specified Units Loading* kg/day Measuring Sampling Monitoring Parameter Maximum Minimum Weekly Monthly Daily Weekly Monthly Frequency Type Months 00400 - pH - S.U.

I / 2 Weeks Grab All 00530 -Total Suspended Solids - mg/1 100 30 1- / 2 Weeks Grab All 00550 - Oil and Grease, Total - mg/I 20 15 I / 2 Weeks Grab All 50050 - Flow Rate - MGD 1/Day 24hr Total All 70300 - Residue, Total Filterable - mg/I 1/Quarter Grab Quarterly Notes for Station Number 31B00016603:

- Sampling shall be performed when discharging. If NO DISCHARGE OCCURS DURING THE ENTIRE MONTH:

1) eDMR users should select the "No Discharge" check box on the data entry form and enter "No discharge during the month" in the Remarks Section. PIN the eDMR.

2) Permittees reporting on paper should report "AL" in the first column of the first day of the month on the 4500 Form. Sign the form.

Page 9 31B000 I 6JD Part I, B. --INTAKE MONITORING REQUIREMENTS

1. Intake Monitoring. During the period beginning on the effective date and lasting until the expiration date, the permittee shall monitor the Intake at Station Number 31B00016800, and report to the Ohio EPA in accordance with the following table. See Part II, OTHER REQUIREMENTS, for location of sampling.

Table - Intake Monitoring - 800 - Final Effluent Characteristic Parameter Discharge Limitations Concentration Specified Units Maximum Minimum Weekly Montl-Ay Dai Loadin ly We 00011 - Water Temperature - F 00981 - Selenium, Total Recoverable - ug/1 01094 - Zinc, Total Recoverable - ug/l 01119 - Copper, Total RecoVerable-'ug/l 50092 - Mercury, Total (Low Level) - ng/l NOTES for Station Number 31B00016800:

g* kg/day Measuriný eekly Monthly Frequenc) 1/Day l/Quartei

' /Quartel 1/Quartex 1/Quiartei Monitoring Requirements Sampling Monitoring Type Months Continuous All Grab Quarterly r

Grab Quarterly

Grab Quarterly Grab Quarterly See Part II, Item I.

Page 10 31B00016*JD Part II, OTHER REQUIREMENTS A.

Description of the location of the required sampling stations are as follows:

Sampling Station " Description of Location 3EB00016004 3IB00016094 3EB00016005 31B00016006 3EB00016007 3IB00016601 31B00016602 31B00016603 31B00016800 At a point representative of the discharge from the discharge tunnel entrance structure.

(Lat: 41N 48' 33"; Long: 81W 08' 50")

At a point representative of the discharge from the discharge tunnel entrance structure. This outfall is the same outfall as 31B00016004 for chlorination/bromination more than 120 mins.

At a point representative of the discharge from the major stream impoundment (Lat: 41N 47' 58"; Long: 81W 09' 17")

At a point representative of the discharge from the northwest.

storm drainage impoundment (Lat: 41N 48' 05"; Long:81W 09' 05")

At a point representative of the discharge from the minor stream impoundment (Lat: 41N 48' 21"; Long: 81W 08' 29")

At a point representative of the discharge from the regenerant neutralization pits prior to entering outfall 004 DELETED At a point representative of the discharge from the reverse osnmosis system prior to entering outfall 004 At inlet to the plant from Lake Erie B. This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act, 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. Corttrols' any pollutant not limited in the permit.

The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable.

Page 1 31B00016*JD C. In the event that the permittee's operation requires the use of cooling or boiler water treatment additives that are discharged to surface waters of the state, written permission must be obtained from the director of the Ohio EPA prior to use. Discharges of these additives must meet Ohio Water Quality Standards and shall not be harmful or inimical to aquatic life. Reporting and testing requirements to apply for permission touse additives can be obtained from the Ohio EPA, Central Office, Division of Surface Water, Industrial Permits Unit. This information is also available on the DSW website:

http://www.epa.state.oh.us/portals/35/policy/01 22u2.pdf D. Permit limitations may be revised in order to meet water-quality standards after a stream use determination and waste load allocation are completed and approved. This permit may be modified, or alternatively, revoked and reissued, to comply with any applicable water quality, effluent limitations.

E. There shall be no detectable amount of any priority pollutant attributable to cooling tower maintenance chemicals in the cooling tower blowdown wastewater.

F. Composite samples shall be comprised of a series of grab samples collected over a 24-hour period and proportionate in volume to the wastewater flow rate at the time of sampling. Such samples shall be collected at such times and l9cations, and in such a fashion, as to be representative of the facility's overall performance; G. Grab samples shall be collected at such times and,. locations, and in such fashion, as to be representative of the facility's performance.

H. The parameters below have had effluent.limitations. established that are below the Ohio EPA Quantification Level (OEPA QL) for the, approved analytical procedure promulgated at 40 CFR 136. OEPA QLs may be expressed as Practical Quantification Levels (PQL) or:Minimum Levels. (ML).

Compliance with, an effluent limit that is below the;OEPA QL is determined in accordance with ORC Section 6111.13 and OAC Rule 3745-,33-07(C). For maximum effluent limits, any value reported below the OEPA QL shall be considered in compliance with the effluent limit.. For average effluent limits, compliance shall be. determined by taking the arithmetic mean of values reported for a specified averaging period, using zero (0) for any value reported at a concentration less than the OEPA QL, and comparing that mean to the appropriate average effluent limit. An arithmetic mean that is less than or equal to the average effluent limit shall be considered in compliance, with that limit.

The permittee must utilize the lowest available detection method currently approved under 40 CFR Part 136 for monitoring these parameters.

Page 12 31B000166*ID REPORTING:

All analytical results, even those below the OEPA QL (listed below), shall be reported.

Analytical results are to be reported as follows:

1. Results above the QL: Report the analytical result for the parameter of concern.

2. Results abov6 the MDL, but below the QL: Report the analytical result; even though. it is below the QL.*

3. Results bel6ow the MDL: Analytical results below the method detection limit shall be reported as "below detection" using the reporting code "AA".

The following table of quantification levels will be used to determine compliance with NPDES permit limits:

Parameter PQL ML Chlorine, tot. res.

0.050 mg/l Oxidants, tot. res.

0.050 mg/1 This permit may be modified, or, alternatively, revoked and reissued, to include more stringent effluent limits or conditions if information generated as a result of the conditions of this permit indicate the presence of these pollutants in the discharge at levels above the water quality based effluent limit (WQBEL).

I. Sampling for common parameters at station 3iB00016004004, 31B00016094 (when chlorination/bromninationg for greater than 120 minutes per day), and 31300015800 shall occur the same day.

J. The permittee shall use EPA Method 1631 promulgated under 40 CFR 136 to comply with the influent and effluent mercury monitoring requirements of this permit.

K. There shall be no discharge of polychlorinated biphenyl compounds attributable to the permittee's operations.

L: Cooling Water Intake

1. The cooling water intake structure operated by the FirstEnergy Nuclear Power Plant has been evaluated using available information. At this time, Ohio EPA has determined that the cooling water intake structure represents the best technology available to minimize adverse environmental impact in accordance with Section 316(b) of the federal Clean Water Act (33 U.S.C. section 1326).

Page 13 31B00016*JD L. The following non-storm water discharges may be authorized by this permit provided the non-storm water component of the discharge is in compliance with Part TV, Item D.3.

of this permit: discharges from fire fighting activities; fire hydrant flushing; potable water sources including waterline flushings; irrigation drainage; drainage of non-treated lake water systems/ lawn watering/ routine external building washdown which does not use detergenets; pavement washwaters where spills or leaks of toxic or hazardous materials have not occurred (unless all spilled material has been removed) and where detergents are not used; air conditioning condensate; springs; uncontaminated ground water; foundation or footing drains where flows are not contaminated with process materials such as solvents; and discharge of non-treated lake water from cooling water systems while performing essential maintenance to assure efficient plantoperation 4l

Page 14 3IB00016*.JD PART III - GENERAL CONDITIONS

1. DEFINMTIONS "Daily discharge" means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day.

"Average weekly" discharge limitation means the highest allowable average of "daily discharges" over

a. calendar week, calculated as the sum of all "daily discharges" measured during a calendar week divided by the number of "daily discharges" measured during that week. Each of the following 7-day periods is defined as a calendar week:

Week 1 is Days 1 - 7 of the month; Week 2 is Days 8 - 14; Week 3 is Days 15 - 21; and Week 4 is Days 22 - 28. If the "daily discharge" on days 29, 30 or 31 exceeds the "average weekly" discharge limitation, Ohio EPA may elect to evaluate the last 7 days of the month as Week 4 instead of Days 22 - 28. Compliance with fecal coliform bacteria or E coli bacteria limitationsshall be determined using the geometric mean.

"Average monthly" discharge limitation means the highest allowable average of "daily discharges" over a calendar month, calculated as the sum of all "daily discharges" measured during a calendar month divided by the'number of "daily discharges" measured during that month. Compliance with fecal coliform bacteria or E coli bacteria limitations shall be determined using the geometric mean.

"85 percent removal" means the arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not exceed 15 percent of the arithmetic mean of the values for influent samples collected at approximately the same times during the same period.

"Absolute Limitations" Compliance with limitations having descriptions of "shall not be less than,"

"nor greater than," "shall not exceed," "minimum," or "maximum" shall be determined from any single value for effluent samples and/or measurements collected.

"Net concentration" shall mean the difference between the concentration of.a given substance in a sample taken of the discharge and the concentration of the same substances in a sample taken at the intake which supplies water to the given process. For the purpose of this definition, samples that are taken to determine the net concentration shall always be 24-hour composite samples made up of at least six increments taken at regular intervals throughout the plant day.

Page 15 Part Im General Conditions (Con't) 3 7100016"11 "Net Load" shall mean the difference between the load of a given substance as calculated from a sample taken of the discharge and the load of the same substance in a sample taken at the intake which supplies water to given process. For purposes of this definition, samples that are taken to determine the net loading shall always be 24-hour composite samples made up of at least six increments taken at regular intervals throughout the plant day.

"MGD" means million gallons per day.,

"mg/l" means milligrams per liter.

"ug/l" means micrograms per liter.

"ng/l" means nanograms per liter.,

"S.U." means standard pH unit.

"kg/day" means kilograms per day.

"Reporting Code" is a five digit number used by the Ohio EPA in processing reported data. The reporting code does not imply the type of analysis used nor the sampling techniques employed.

"Quarterly (1/Quarter) sampling frequency" means the sampling shall be done in the rmonths of March, June, August, and December, unless specifically identified otherwise in the Effluent Limitations and Monitoring Requirements table.

"Yearly (1/Year) sampling frequency" means the sampling shall be done in the month of September, unless specifically identified otherwise in the effluent limitations and monitoring requirements table.

"Semi-annual (2/Year) sampling frequency" means the sampling shall be done during the months of June and December, unless specifically identified otherwise.

"Winter" shall be considered to be the period from November 1 through. April 30.,

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

"Summer" shall be considered to be the period from May 1 through October 3 1.

"Severe property damage" means substantial physical damage to property, damage to the ireatment facilities which would cause 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.

"Upset" means 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. 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.

Part III General Conditions (Con't)

Pag0e 16 31B00016*ID "Sewage sludge" means a solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works as defined in section 6111.01 of the Revised Code. "Sewage sludge" includes, but is not iriited to, scum or solids removed in primary, secondary, or advanced wastewater treatment processes'. "Sewage sludge" does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of domestic sewage in a treatment works, animal manure, residue generated during treatment of animal manure, or domestic septage.

"Sewage sludge weight" means the weight of sewage sludge, in dry U.S. tons, including admixtures such as liming materials or bulking agents. Monitoring frequencies for sewage sludge parameters are based on the reported sludge weight generated in a calendar year (use the most recent calendar year, data when the NPDES permit is up for renewal).

"Sewage sludge fee weight" means the weight of sewage sludge, in dry U.S. tons, excluding admixtures such as liming materials or bulklng agents. Annual sewage sludge fees, as per section 3745.11(Y) of the Ohio Revised Code, are based on the reported sludge fee weight for the most recent calendar year.

2. GENERAL EFFLUENT LIMITATIONS The effluent shall, at all times, be free of substances:

A. In amounts that will settle to form putrescent, or otherwise objectionable, sludge deposits; or that will adversely' affect aquatic life or water fowl; B. Of an oily, grinsy, or surface-active nature, and of other floating debris, in amounts that will form noticeable accumulations of scum, foam or sheen; C. In amounts that will alter the natural color or odor of the receiving water to such degree as to create a nuisance; D. In amounts that either singly or in combination with other substances are toxic to human, animal, or aquatic life; E. In amounts that are conducive to the growth of aquatic weeds or algae to the extent that such growths become inimical to more desirable forms of aquatic life, or create conditions that are unsightiy, or constitute a nuisance in any other fashion; F. In amounts that will impair designated instream or downstream water uses..

3. FACILITY OPERATION AND QUALITY CONTROL All wastewater treatment works shall be operated in a manner consistent with the following:

A. At all times, the permittee shall maintain in good working order and operate as efficiently as possible' all, treatment or control facilities or systems installed or used by the permittee necessary to achieve-compliance with the terms and conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a '

permittee only when the operation is necessary-to achieve compliance with conditions of the permit.

B. The permittee shall effectively monitor theoperation and efficiency of treatment and control facilities and the quantity and quality of the treated discharge.

C. Maintenance of wastewater treatment works that results in degradation of effluent quality shall be scheduled during non-critical water quality periods and shall be carried out in a manner approved by Ohio EPA as specified in the Paragraph in the PART mI entitled, "UNAUTHORIZED DISCHARGES".

Pagle 17 Part 111 General Conditions (Con't) 3 g000 16*JD

4. REPORTING A. Monitoring data required by this permit shall be submitted on Ohio EPA 4500 Discharge Monitoring Report (DMR) forms using the electronic DMR (e-DMR) internet application. e-DMR allows permitted facilities to enter, sign, and submit DMRs on the internet. e-DMR information is found on the following web page:

http://www.epa.ohio.gov/dsw/edmr/eDMR.aspx Alternatively, if you are unable to use e-DMR due to a demonstrated hardship, monitoring data may be submitted on paper DMR forms provided by Ohio EPA. Monitoring data shall be typed on the forms.

Please contact Ohio EPA, Division of Surface Water at (614) 644-2050 if you wish to receive paper DMR forms.

B. DMRs shall be signed by a facility's Responsible Official or a Delegated Responsible Official (i.e. a person delegated by the Responsible Official). The Responsible Official of a facility is defin`d as:

1. For corporations - a president, secretary, treasurer, or vice-president ofthe corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation; or the manager of one or more manufacturing, production or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility including having explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

2. For partnerships - a general partner;

3. For a sole pr6prietorship - the proprietor; or;

4. For a municipality, state or other public facility - a principal executive officer, a ranking elected official or other duly authorized employee.

For e-DMR, the person signing and submitting the DMR will need to obtain an, eBusiness Center account and Personal Identification Number (PIN). Additionally, Delegated Responsible Officials must be delegated by the Responsible Official, either on-line using the eBusiness Center's delegation function, or on a paper delegation form provided by Ohio EPA. For more information on the PIN and delegation processes, please view the following web page:

http://wiw.epa.ohio.gov/dsw/edmr/eDMRpin.aspx C. DMRs submitted using e-DMR shall be submitted to Ohio EPA by the 20th day of the month following the month-of-interest. DMRs submitted on paper must inielude the original signed DMR form and shall be mailed to Ohio EPA at thefollowing address so that they are received:nolater than the 15th day of the month following the month-of-interest:

Ohio Environmental.Protection Agency Lazarus Government Center

.Division of Surface Water - PCU P.O. Box 1049 Columbus, Ohio 43216-1049

Part mI General Conditions (Con't)

Page 18 3130001 6*JD D. Regardless of the submission method, a paper copy of the submitted Ohio EPA 4500 DMR shall be.-

maintained onsite for records retention purposes (see Section 7. RECORDS RETENTION). For e-DMR users, view and print the DMR from the Submission Report Information page after each original or revised-DMR is submitted. For submittals on paper, make a copy of the completed paper form after it is signed by a Responsible Official or a Delegated Responsible Official.

E. 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 in Section 5. SAMPLING AND ANALYTICAL METHODS, the results of such monitoring shall be included in the calculation and reporting of the values required in the reports specified above.

F. Analyses of pollutants not required by this permit, except as noted in the preceding paragraph, shall not be reported to the Ohio EPA, but records shall be retained as specified in Section 7. RECORDS RETENTION.

5. SAMPLING AND ANALYTICAL METHOD Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored flow. Test procedures for the analysis of pollutants shall conform to regulation 40 CFR 136, "Test Procedures For The Analysis of Pollutants" unless other test procedures have been specified in this permit. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring andtanalytical instrumentation at intervals to insure accuracy of measurements.

6. 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 and date of sampling; (time of sampling not required on EPA 4500)

B. The person(s) who performed the sampling or measurements; C. The date the analyses were performed on those samples; D. The person(s) who'performed the analyses; E. The analytical techniques or methods used; and F. The results of all analyses and measurements.

1.,

Page 19 Part III General Conditions (Con't)

P 19 3IB000l6*ID

7. RECORDS RETENTION The permittee shall retain all of the following records for the wastewater treatment works for a minimum of three years except those records that pertain to sewage sludge disposal, use, storage, or treatment, which shall be kept for a minimum of five years, including:

A. All sampling and analytical records (including internal sampling data not reported);

B. All original recordings for any continuous monitoring instrumentation; C. All instrumentation, calibration and maintenance records; D. All plant operation and maintenance records; E. All reports required by this permit; and F. Records of all data used to complete the application for this permit for a period of at least three years, or five years for sewage sludge, from the date of the sample, measurement, report, or application.

These periods will be extended during the course of any unresolved litigation, or when i-equested by the Regional Administrator or the Ohio EPA. The three year period, or five year period for sewage sludge, for retention of records shall start from the date of sample, measurement, report, or application.

8. AVAILABILITY OF REPORTS Except for data determined by the Ohio EPA to be entitled to confidential status', all reports prepared in accordance with the terms of this permit shall be available for public inspection at the appropriate ' '

district offices of the Ohio EPA. Both the Clean Water Act and Section 6111.05 Ohio Revised Code state that effluent data and receiving water quality data shall not be considered confidential.

9. DUTY TO PROVIDE INFORMATION The permittee shall furnish to the Director, within a reasonable time, any information, which, the Director may request to determine whether cause exists for modifying, revoking, and reissuing, or terminating the permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit.

10. RIGHT OF ENTRY The permittee shall allow the Director or an authorized representative upon presentation of credentials and other documents as may be required 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 the conditions of the permit.

C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),

practices, or operations regulated or required under this permit.

D. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.

Part III General Conditions (Con't)

Page 20 (Cont)31B0001l6*JD

11. UNAUTHORIZED DISCHARGES A. 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 11.B and 11.C.

B. Notice

1. 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.

2. Unanticipated Bypass - The permittee shall submit notice of an unanticipated bypass as required in paragraph 12.B (24 hour2.777778e-4 days 0.00667 hours 3.968254e-5 weeks 9.132e-6 months notice).'

C. Prohibition of Bypass

1. Bypass is prohibited, and the Director may take enforcement action against a permittee for bypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal 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 maintenance during normal periods of equipment 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

c. The permittee-submitted notices as required under paragraph 11.B.

2. The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed above in paragraph 11.C. 1.

12. NONCOMPLIANCE NOTIFICATION A. Exceedance of a Daily Maximum Discharge Limit

1. The permittee shall report noncompliance that is the result of any violation of a daily maximum discharge limit for any of the pollutants listed by the Director in the permit by e-mail or telephone within twenty-four (24) hours of discovery.

The permittee may report to the appropriate Ohio EPA district office e-mail account as follows (this method is preferred):

Southeast District Office: sedo24hournpdes@ epa.state.oh.us Southwest District Office: swdo24hournpdes @epa.state.oh.us Northwest District Office: n wdo24hournpdes @epa.state.oh.us Northeast District Office:

nedo24hournpdes @epa.state.oh.us.

Central District Office:

cdo24hournpdes@epa.state.oh.us Central Office:

co24hournpdes @ epa.state.oh.us The permittee shall attach a noncompliance report to the e-mail. A noncompliance report form is available on the following web site:

http://www.epa.ohio.gov/dsw/permits/permits.aspx

Part MI General Conditions (Con't)

Page 21

3IB00016*JD Or, the permittee may report to the appropriate Ohio EPA district office by telephone toll-free between 8:00 AM and 5:00 PM as follows:

Southeast District Office:.

Southwest District Office:

Northwest District Office:

Northeast District Office:

Central District Office:

Central Office:

(800) 686-7330 (800) 686-8930 (800) 686-6930 (800) 686-6330 (800) 686-2330 (614) 644-2001 The permittee shall include the following information' in the telephone noncompliance report:

a. The name of the permittee, and a contact name and telephone number;

b. The limit(s) that has been exceeded;

c. The extent of the exceedance(s);

d. The cause of the exceedance(s);

e. The period of the exceedance(s) including exact dates and times;

f. If uncorrected, the anticipated time the exceedance(s) is expected to continue.; and,

g. Steps taken to reduce, eliminate or prevent occurrence of the exceedance(s).

B. Other Permit Violations

1. The permittee shall report noncompliance that is the result of any unanticipated bypass resulting in an exceedance of any effluent limit in the permit or any upset resulting in an exceedance of any effluent limit in the permit by e-mail or telephonie within twenty-four (24) hours of discovery, The permittee may report to the appropriate Ohio EPA district office e-mail account as follows (this method is preferred):

Southeast District Office:

Southwest District Office:

Northwest District Office:

Northeast District Office:

Central District Office:

Central Office:

sedo24hournpdes @ epa.state.oh.us swdo24h ournpdes @ epa. state. oh.us nwdo24hournpdes@epa.state.oh.us nedo24hournpdes @epa.state.oh.us cdo24hournpdes@ epa.stateoh.us co24hournpdes @ epa. state. oh.us The permittee shall attach a noncompliance report to the e-mail. A noncompliance report form is available on the following web site:

http://www.epa.ohio.gov/dsw/permits/permits.aspx Or, the permittee may report to the appropriate Ohio EPA district office by telephone toll-free between 8:00 AM and 5:00 PM as follows:

Southeast District Office:

Southwest District Office:

Northwest District Office:

Northeast District Office:

Central District Office:

Central Office:

(800) 686-7330 (800)'686-8930 (800) 686-6930 (800) 686-6330 (800) 686-2330 (614) 644-2001

Page 22 Part IMI General Conditions (Con't) 31 Pg20016*JD The permittee shall include the following information in the telephone noncompliance report:

a. The name of the permittee,'and a contact name and telephone number;,

b. The time(s) at which the discharge occurred, and was discovered;

c. The approximate amount and the characteristics of the discharge;

d. The stream(s) affected by the discharge;

e. The circumstances which created the discharge;

f. The name and telephone number of the person(s) who have knowledge of these circumstances;

g. What remedial steps are being taken; and,

h. The name and telephone number of.the person(s) responsible for such remedial steps.

2. The permittee shall report noncompliance that is the result of any spill or discharge which may endanger human health or the environment within thirty (30) minutes of discovery by calling the 24-Hour Emergency Hotline toll-free at (800) 282-9378. The permittee shall also report the spill or discharge by e-mail or telephone within twenty-four (24) hours of discovery in accordance with B. 1 above.

C. When the telephone option is used for the noncompliance reports required by A and B, the permittee shall submit to the appropriate Ohio EPA district office a confirmation letter and a completed noncompliance report within five (5) days of the discovery of the noncompliance. This.follow up report is not necessary for the e-mail option which already includes a completed noncompliance report.

D. If the permittee is unable to meet any date for achieving an event, as specified in a schedule of compliance in their permit, the permittee shall submit a written report to the appropriate Ohio EPA district office within fourteen (14) days of becoming aware of such a situation. The report shall include the following:"

1. The compliance event which has been or' will be violated;

2. The cause of the violation;

3. The remedial action being taken;

4. The probable date by which compliance will occur; and,

5. The probability of c6mplyifig with subsequent arid final events as scheduled..

E. The permittee shall report all other instances of permit noncompliance not reported under paragraphs A 'or B of this sectionf on their monthly DMR submission. The DMR shall contain commenti that include the information listed in paragraphs A or B as appropriate.

F. If the permittee becomes aware that it failed to submit an application, or submitted incorrect information in an application or in any report to the director, it shall promptly submit such facts or information.:

13. RESERVED

14. DUTY TO MITIGATE The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

Part III General Conditions (Con't)

Page 23 3EB00016*ID

15. AUTHORIZED DISCHARGES 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 by this permit shall constitute a violation of the terms and conditions of this permit. Such violations may result in the imposition of civil and/or criminal penalties as provided for in Section 309 of the Act and Ohio Revised Code Sections 6111.09 and 6111.99.

16. DISCHARGE CHANGES The following changes must be reported to the appropriate Ohio EPA district office as soon. as practicable:

A. For all treatment works, any significant change in character of the discharge which the permittee knows or has reason to believe has occurred or will occur which would constitute cause for modification or revocation and reissuance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit.

requirements. Notification of permit changes or anticipated noncompliance does not stay any permit condition.

B. For publicly owned treatment works:

1. Any proposed plant modification, addition, and/or expansion that will change the capacity or efficiency of the plant;

2. The addition of any new significant industrial discharge;, and

3. Changes in the quantity or quality of the wastes from existing tributary industrial discharges which will result in significant new or increased discharges of pollutants.

C. For non-publicly owned treatment works, any.proposed facility expansions, production increases, or process modifications, which will result in new, different, or increased discharges of pollutants.

Following this notice, modifications to the permit may be made to reflect any necessary changes in permit conditions, including any necessary effluent limitations for any pollutants not identified and limited herein. A determination will also be made as to whether a National Environmental Policy Act (NEPA) review will be required. Sections 6111.44 and 6111.45, Ohio Revised Code, require that plans for treatment works or improvements to such works be approved by the Director of the Ohio EPA prior to initiation of construction.

D. In addition to the reporting requirements under 40 CFR 122.41(l) and per 40 CFR 122.42(a), all existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Director as soon as they know or have reason to believe:

1. That any activity has occurred or will occur which would:result in the discharge on a routine or frequent basis of any toxic pollutant which is not limited in the permit... If that discharge will exceed the highest of the "notification levels" specified in 40 CFR Sections 122.42(a)(1)(i) through 122.42(a)(l)(iv).

2. That any activity has occurred or will occur which would result in any discharge, on a non-routineor infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the "notification levels" specified in 122.42(a)(2)(i) through 122.42(a)(2)(iv).

Part M General Conditions (Con't)

Page 24 3IB00016*JD

17. TOXIC POLLUTANTS The permittee shall comply with effluent 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 these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement.

Following establishment of such standards or prohibitions, the Director shall modify this permit and so notify the permittee.

18. PERMIT MODIFICATION OR REVOCATION A. After notice and opportunity for a hearing, this permit may be modified or revoked, by the Ohio EPA, in whole or in part during its term for cause including, but not limited to, the following:

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

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

3. Change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge.

B. Pursuant to rule 3,745-33-04, Ohio Administrative Code, the permittee may at any time apply to the Ohio EPA for modification of any part of this permit. The filing of a request by the permittee for a permit modification or revocation does not stay any permit condition. The application for modification should be received by the appropriate Ohio EPA district office at least ninety days before the date on which it is desired that the modification become effective. The application shall be made only on forms approved by the Ohio EPA.

19. TRANSFER OF OWNERSHIP OR CONTROL This permit may be transferred or assigned and a new owner or successor can be authorized to discharge from this facility, provided the following requirements are met:

A. The permittee shall notify the succeeding owner or successor of the existence of this permit by a -

letter, a copy of which shall be forwarded to the appropriate Ohio EPA district office: The copy of that letter will serve as the permittee's notice to the Director of the proposed transfer. The copy of that letter shall be received by the appropriate Ohio EPA district office sixty (60) days prior to the proposed date of transfer; B. A written agreement containing a specific date for transfer of permit.responsibility and coverage, between the current and new permittee (including acknowledgement that the existing permittee is liable for violations up to that date, and that the new permittee is liable for violations fromthat date on)-shall be submitted to the appropriate Ohio EPA district office within sixtydays after receipt by the district office of the copy of the letter from 'the permittee to the succeeding owner; At anytime during the sixty (60) day period between notification of the proposed transfer and the effective date of the transfer, theDirector may prevent the transfer if he concludes that such transfer will jeopardize compliance with the terms and conditions of the permit. If the Director does not prevent transfer, he will modify the permit to reflect the new owner.

20. 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 Clean Water Act.

Page 25 Part III General Conditions (Con't) 0.

S *31B00016*JD

21. SOLIDS DISPOSAL Collected grit and screenings, and other solids other than sewage sludge, shall be disposed of in such a manner as to preventfentry of those wastes into waters of the state, and in accordance with all applicable laws and rules.

22. CONSTRUCTION AFFECTING NAVIGABLE WATERS 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.

23. CIVIL AND CRIMINAL LIABILITY Except as exempted in the permit conditions on UNAUTHORIZED DISCHARGES 'or UPSETS, nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance.

24. STATE LAWS AND REGULATIONS 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 Clean Water Act.

25. 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.

26. UPSET The provisions of 40 CFR Section 122.41(n), relating to "Upset," are specifically incorporated herein by reference in their entirety. For definition of "upset," see Part,'II, Paragraph 1, DEFINITIONS.

27. SEVERABILITY The provisions of this permit are severable, and if any provision of this permit, or the application 'of anyI provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstahices,' and the remainder of-this permit, shall not be affected thereby.

28. SIGNATORY REQUIREMENTS All applications submitted to the Director shall be signed and certified in accordince with the requirements of 40 CFR 122.22.

All reports submitted to the Director shall be signed and certified in accordance with the requirements of 40 CFR Section 122.22.

Part mI General Conditions (Con't)

Page 26 31800016*11)

29. OTHER INFORMATION A. Where the pernittee 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.

B. ORC 6111.99 provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction;, be punished by a fine of not more than $25,000 per violation.

C. ORC 6111.99 states that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation.

D. ORC 6111.99 provides that any person who violates Sections 6111.04, 6111.042, 6111.05, or division (A) of Section 6111.07 of the Revised Code shall be fined not more than $25,000 or imprisoned not more than one year, or both.

30. NEED TO HALT OR REDUCE ACTIVITY 40 CFR 122.41(c) states that it shall not be a defense for a permittee in an enforcement action thatit would have been necessary to halt or reduce the permitted activity in order to maintain compliance with conditions of this permit.

31. APPLICABLE FEDERAL RULES All references to 40 CFR in this permit.mean the version of 40 CFR which is effective as of the effective date of this permit.

32. AVAILABILITY OF PUBLIC SEWERS Not withstanding the issuance or non-issuance of an NPDES. permit to a semi-public disposal system, whenever thl seiwage system of a publicly owned treatment works becomes available and accessible, the permittee opeiating any semni-public disposal system shall abandon the semi-public disposal system and connect it into th e publicly owned treatment works.

Part IV. STORM WATER POLLUTION PREVENTION PLANS A storm water pollution prevention plan (plan) shall be developed to address each outfall that discharges to waters of the state that contains storm water associated with industrial activity. Storm water pollution prevention plans shall be prepared in accordance with good engineering practices. The plan shall identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with industrial activity from the facility. In addition, the plan shall describe and ensure the implementation of practices which are to be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility and to assure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the storm water pollution prevention plan required under this part as a condition of this permit.

A. Deadlines for Plan Preparation and Compliance.

1. The plan for a storm water discharge associated with industrial activity:

a. shall be prepared within six months of the effective date of this permit (and updated as appropriate);

b.

shall provide for implementation and compliance with the terms of the plan within twelve months of the effective date of this permit.

2. Upon a showing of good cause, the Director may establish a later date for preparing and compliance with a plan for a storm water discharge associated with industrial activity.

B. Signature and Plan Review.

1. The plan shall be signed in accordance with Part VI, and be retained on-site at the facility which generates the storm water discharge.

2. The permittee shall make plans available upon request to the Ohio EPA Director, or authorized representative, or Regional Administrator of U.S. EPA, or in the case of a storm water discharge associated with industrial activity which discharges through a municipal separate storm sewer system, to the operator of the municipal system.

3. The Director may notify the permittee at any time that the plan does not meet one or more of the minimum requirements of this Part. Within 30 days of such notification from the Director, the permittee shall make the required changes to the plan and shall submit to the Director a written certification that the requested changes have been made.

4.

All storm water pollution prevention plans required under this permit are considered reports that shall be available to the public under Section 308(b) of, the Act. The permittee may claim any portion of a storm water pollution plan as confidential in accordance with 40 CFR Part 2 and does not have to release any portion of the plan describing facility security measures (such as provided for in'Part IV.D.7.b.(8) of this permit). An interested party wishing a copy of a discharger's SWP3 will have to contact the Ohio EPA to obtain a copy.

C. Keeping Plans Current.

The permittee shall amend the plan whenever there is a change in design, construction, operation, or maintenance, that has a significant effect on the potential for the discharge of pollutants to the waters of the State or if the storm water pollution prevention plan proves to be ineffective in eliminating or significantly minimizing pollutants from sources identified under Part IV.D.2 of this permit, or otherwise achieving the general objectives of controlling pollutants in storm water discharges associated with industrial activity., Amendments to the plan may be reviewed by Ohio EPA in the same manner as Part IV.B above.

D. Contents of Plan. The plan shall include, at a minimum, the following items:

1. Pollution Prevention Team - Each plan shall identify a specific individual or individuals within the facility organization as members of a storm water Pollution Prevention Team that are responsible.for developing the storm water pollution prevention plan and assisting the facility or plant manager in its implementation, maintenance, and revision. The plan shall clearly identify the responsibilities of each team member. The activities and responsibilities of the team shall address all aspects of the facility's storm water pollution prevention plan.

2.

Description of Potential Pollutant Sources. Each plan shall provide a description of potential sources which may reasonably be expected to add significant amounts of pollutants to storm water discharges or which may result in the discharge of pollutants during dry weather from separate storm sewers draining the facility.

Each plan shall identify all activities and significant materials which may potentially be significant pollutant sources. Each plan shall include, at a minimum:

Page 27

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)

D. (continued)

a. Drainage.

(1)

A site mnap indicating an outline of the drainage area of each storm water outfall, each existing structural control measure~to reduce pollutants in storm water runoff, surface water bodies, locations where significant materials are exposed to precipitation, locations where major spills or leaks identified under Part IV.D.2.c of this permit have occurred, and the locations of the following activities-where'such activities are exposed to precipitation: fueling stations, vehicle and equipment maintenance and/or cleaning areas, loading/unloading areas, locations used for the treatment, storage or disposal of wastes, liquid storage tanks, processing areas and storage areas.

(2)

For each area of the facility that generates storm water discharges associated with industrial activity with a reasonable potential for containing significant amounts of pollutants, a prediction of the direction of flow, and anestimate of the types of pollutants which are likely to be present in storm water discharges associated with industrial activity. Flows with a significant potential for causing erosion shall be identified.

b.

Inventory of Exposed Materials. An inventory of the types of materials handled at the site that potentially may be exposed to precipitation. Such inventory shall include a narrative description of significant materials that have been handled, treated, stored or disposed in a manner to allow exposure to storm water between the time of three years prior to the date of the issuance of this permit and the present; method and location of on-site storage, or disposal; materials mana9ement practices employed to minimize contact of materials with storm water runoff between the time of three years prior to the date of the issuance of this permit and the present; the location and a description of existing structural and non-structural control measures to reduce pollutants in storm water runoff; and a description of any treatment the storm water receives.

c. Spills and Leaks. A list of significant spills and significant leaks of toxic or hazardous pollutants that occurred atthe facility after the date of three years prior to the effective date of this permit.

d.

Sampling Data. A summary of existing discharge sampling data describing pollutants in storm water discharges from the facility.

e.

Risk Identification and Summary~of Potential. Pollutant Sources. A narrative description of the potential pollutar:tsoirces at the following areas: loading and unloading operations; outdoor storage activities; outdoor manufacturing or processing activities; significant dust or particulate generating processes; and on-site waste disposal practices. The description shall specifically list any. significant potential source of pollutants at the site and for each potential source, any pollutant or pollutant parameter. (e.g. biochemical oxygen demand, etc.) of concerns shall be identified.

3.

Measures and Controls. Each facility covered by this permit shall develop a description of storm water management controls appropriate.for the facility, and implement such controls. The appropriateness and priorities of controls in a plan shall reflect identified potential sources of pollutants at the facility. The description'of storm water management controls shall address the following minimumn components, including a schedule for implementing such controls:

a. Good Housekeeping - Good housekeeping requires the maintenance of a clean,;orderlyj facility.

b.

Preventive Maintenance - A preventive maintenance program shall involve inspectiorh and maintenance of storm water management devices (e.g. cleaning oil/water separators, catch basins) as well as inspecting and testing facility equipment and systems to uncover conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters, and ensuring appropriate maintenance of such equipment and systems.

c.

Spill Prevention and Response Procedures - Areas where potential spills can occur, and their accompanying drainage points shall be identified clearly in the storm water pollution prevention plan.

Where appropriate, specifying material handling procedures, storage requirements, and use of equipment such as diversion valves in the plan,should be considered. Procedures for cleaning up spills shall be identified in the plan and made available to the appropriate personnel. The necessary equipment to implement a clean up should be available to personnel.

Page 28

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)

D. (continued)

d.

Inspections - In addition to or as part of the comprehensive site evaluation required under Part IV.4. of this permit, qualified facility personnel shall be identified to inspect designated equipment and areas of the facility at appropriate intervals specified inthe plan. A set of tracking or tollow-up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections shall be maintained.

e.

Employee Training - Employee training programs shall inform personnel at all levels of responsibility of the components and goals of the storm water pollution prevention plan. Training should address topics such as spill response, good housekeeping and material management practices. The plan shall identify periodic dates for such training.

f.

Recordkeeping and Internal Reporting Procedures - A description of incidents such as spills, or other discharges, along with other information describing the quality and quantity of. storm water discharges shall be included in the plan required under this part. Inspections and maintenance activities shall be documented and records of such activities shall be incorporated into the plan.

g.

Non-Storm Water Discharges (1)

The plan shall include a certification that the discharge has beentested or evaluated for the presence of non-storm water discharges. The certification shall include the identification of potential significant sources of non-storm water at the site, a description of the results of any test and/or evaluation for the presence of non-storm water discharges, the evaluation criteria or testing method used, the date of any testing and/or evaluation, and the, on-site drainage points that were directly observed during the test. Such.certification may not be feasible if, the facility operating the storm water discharge associated with industrial activity does not have access to an outfall, manhole, or other point of access to the ultimate conduit which receives the discharge. In such cases, the source identification section of the storm water pollution plan shall indicate why the certification required by this part was not feasible, along, with the identification of potential significant sources of non-storm water at the site. A discharger.,that is unable to provide the certification required by this paragraph must notify in accordance with Part IV.A of this permit.

(2)

Except for flows from fire fighting activities, sources of non-storm water listed in Part VI of this permit that are combined with storm water discharges associated with industrial activity must be identified in the plan. The plan shall identify and ensure the implementation of appropriate pollution prevention measures for the non-storm water component(s) of the discharge.

h.

Sediment and Erosion Control'- The planshall identify areas which,ldue to topography, activities, or other factors, have a high potential for significant soil erosion,,and identify measures to limit erosion.

i.

Management of Runoff - The plan shall contain a narrative consideration of the appropriateness of traditional storm water management practices (practices other than those which control the source of pollutants) used to divert, infiltrate, reuse, or otherwise manage. storm water runoff in a manner that reduces pollutants in storm water discharges from the site. 'The plan shall, provide that measures determined to be reasonable and appropriate shall be implemented and maintained..,The potential of various sources at the facility to contribute pollutants to storm water discharges associated with industrial activity (see Parts IV.D.2.(b), (d) and (e) of this permit) shall be considered when determining reasonable and appropriate' measUres. Appropriate measures may include: including vegetative swales and practices, reuse of collected storm water (such as for a process or as an irrigation source), inlet controls (such as oil/water separators), snow management activities, infiltration devices, and wet detention/retention devices.

4.

Comprehensive Site Compliance Evaluation. Qualified personnel shall conduct site compliance evaluations at appropriate intervals specified in the plan, but, except as provided in paragraph IV.D.4.d, in no case less than once a year. Such evaluations shall provide:

a:

Material handling areas'and'bther-potential sources of pollution identified in the plan in accordance with paragraph IV.D.2 of this permit shall be visually inspected for evidence of, or the potential for, pollutants entering the drainage system- 'Structural -storm Water management measures, sediment and control measures, and other structural pollution preventionmeasures identified in the plan shall be observed to ensure that they are operating correctly.; A visual inspection of, equipment needed to implement the plan, such as spill response equipment, shall be made.

"te Page 29

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)

D. (continued)

b.

Based on the results of the inspection, the description of potential pollutant sources identified in the plan in accordance with paragraph IV.D.2 of this permit and pollution prevention measures and controls identified inthe plan in accordance with paragraph IV.D.3 of this permit shall be revised as apprornate within two weeks of such inspection and shall provide for implementation of any changes to the p an in a timely manner, but in no case more than twelve weeks after the inspection.

c.

A report summarizing the scope of the inspection, personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of thestorm water pollution prevention plan, and actions taken in accordance with paragraph IV.D.4.b of the permit shall be made and retained as part of the storm water pollution prevention pIan for at least three years. The report shall be signed in accordance with Part VI.B of this permit.

5.

Additional requirements for storm water discharges associated with industrial activity through municipal separate storm sewer systems serving a population of 100,000 or more.

In addition-to the 'applicable requirements of this permit, facilities covered by this permit must comply with applicable requirements in municipal storm water management programs developed under NPDES permits issued for the discharge of the municipal separate storm sewer system that receives the facility's discharge, provided the discharger has been notified of such conditions.,

6. Consistency With other plans. Storm-water pollution prevention plans may reflect requirements for Spill Prevention Control and Countermeasure (SPCC) plans-developed for the facility under section 311 of the Act or Best Management Practices (BMP) Programs otherwise required by a NPDES permit for the facility as long as such requirement is incorporated into the storm water pollution prevention plan.

7.

Additional requirements for storm water discharges associated with industrial activity from facilities subject to SARA Title Ill, Section 313 requirements are not applicable to Section 313 water priority chemicals in gaseous or non-soluble liquid or solid [at atmospheric pressure and temperature] forms. In addition to the requirements'of Parts IV.D.1 through 4 of this permit and other.applicable conditions of this permit, storm water pollution prevention plans for facilities subject to reporting requirements under SARA Title Ill, Section 313 for chemicals which are classified as "'Section 313 water priority chemicals" in accordance with the definition in Part VI of this permit, shall describe and ensure the implementation of practices which are necessary to provide for conformance with the following guidelines:

a.

In areas where' Section 313 waterpriority chemicals are stored, processed or otherwise handled, appropriate containment, drainage control and/or diversionary structures shall be provided. At a minimum, one of the following preventive systems or its equivalent shall be used:

(1)

Curbing, culverting, gutters, sewers or other forms of drainage control to prevent or minimize the

'potential for storm water run-on to come into contact with, significant sources of pollutants; or (2)

Roofs, covers or other forms of appropriate protection to prevent storage piles from exposure to storm water, and wind blowing.

b.

In addition to the minimum standards listed under Part IV.D.7.a of this permit, the storm water pollution prevention plan shall include a complete discussion of measures taken to conform with the following applicable guideiines,othereffective storm water pollution prevention procedures, and applicable State rules, regLilations and guidelines:

(1)'

Liquid storage areaswhere storm water. comes into contact with any equipment, tank, container, or other vessel Used for Section 313 water priority chemicals.

(a)

No tank or container shall be used for the storage of a Section 313 water priority chemical unless its material and construction are compatible with the material stored and conditions of storage such as pressure and temperature, etc.

(b)

Liquid storage areas for Section 313 water priority chemicals shall be operated to minimize discharges of Section 313 chemicals. Appropriate measures to minimize discharges of Section 313 chemicals may include secondary containment provided for at least the entire contents of the largest single tank plus sufficient freeboard to allow for precipitation, a strong spill contingency and integrity testing plan, and/or other equivalent measures.

Page 30

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)

D. (continued)

(2)

Material storage areas for Section 313 water priority chemicals other than liquids. Material storage areas for Section 313 water priority chemicals other than liqtiids which are subject to runoff, leaching, or wind blowing shall incorporate drainage or other control features which will minimize the discharge of Section 313 water priority chemicals by reducing storm water contact with Section 313 water priority chemicals.

(3)

Truck and rail car loading and unloading areas for liquid Section 313 water priority chemicals shall beoperated to minimize discharges of Section 313 water priority chemicals. Appropriate measures to minimize discharges of Section 313 chemicals may include: the placement and maintenance of drip pans where spillage may occur (such as hose connections, hose reels and filler nozzles) for use when making and breaking hose connections;,a, strong spill contingency and integrity testing plan; and/or other equivalent measures.

(4)

In facility areas where Section 313 water priority chemicals are transferred, processed or otherwise handled. Processing equipment and materials handling equipment shall be operated so as to minimize discharges of Section 313 water priority chemicals.. Materials used in piping and equipment shall be compatible with the substances handled...Drainage from process and materials handling areas shall be designed as described in paragraphs (a), (b) and (c) of this section. Additional protection such as covers or guards to preventiwind bl6wing, spraying or releases from pressure relief vents from causing a discharge of Section 313 water priority chemicals to the drainage system, and overhangs or door skirts to enclose trailer ends at truck loading/unloading docks shall be provided as appropriate.. Visual inspections or leak tests shall be provided for overhead piping conveying Section.313 waterprio ritychemicals without secondary containment.

(5)

Discharges from areas covered by paragraphs (1.), (2), (3) or (4).

'(a)

Drainage from areas covered by paragraphs (1), (2)i (3) or (4) of this part should be restrained by valves or other positive:meansto prevent the-discharge of a spill or other excessive-leakage of Section:313 water priority chemicals. Where containment units are employed, such units may be emptiedby pumpsor ejectors; however, these shall be manually activated.

(b)

Flapper-type drain valves shall not be used to drain conta inment areas. Valves used for the drainageof containment areas should, as far as is practical,.be of manual, open-and-closed design.

(c)

If facility drainage is not engineered as above, the final discharge of all in-facility storm sewers shall be equipped to be equivalent with a diversion-system that could, in the event of an uncontrolled spill of Section 313fwater priority chemicals, return the spilled material to.the facility.

(d)

Records shall be kept of the frequency and estimated volume (ingallons) of discharges from containment areas.

ý(6)

. Facility site runoff-otherthan from areas covered by(1), (2),.(3) or (4). Other areas of the facility (those not addressed in paragraphs (1), (2), (3) or ('4)) from which runoff which may contain Section 313 water priority chemicals or spills of Section 313 water priority chemicals could cause a discharge shall incorporate the necessary drainage or othier control features to prevent discharge of: spilled or improperly disposed material and :ensure the mitigation of pollutants in runoff or leachate.

. Page 31

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)

D. (continued)

(7)

Preventive maintenance and housekeeping. All, areas of the facility shall be inspected at specificintervals for leaks or conditions that could lead to discharges of Section 313 water priority. chemicals or direct contact of storm water with raw materials, intermediate materials, waste materials or products. In particular, facility piping, pumps, storage tanks and bins, pressure vessels, process and material handling equipment, and material bulk storage area shall be examined for any conditions or failures which could cause a discharge. Inspection shall include examination for leaks, wind blowing, corrosion, support or foundation failure, or other forms of deterioration or non-containment. Inspection intervals shall be specified in the plan and.shall be based on design and operational experience.

Different areas may require different inspection intervals. Where a leak or other condition is discovered which may result in significant releases of Section 313 water priority chemicals to the drainage system, corrective action shall be immediately taken or the unit or process shut down until corrective action can be taken. When a leak or non-containment of a Section 313 water priority chemical has occurred, contaminated soil, debris, or other material must be promptly removed and disposed in accordance with Federal, State, and local requirements and as described in the plan.

(8)

Facility security. Facilities shall have the necessary security systems to prevent accidental or intentional entry which could cause a discharge. Security systems described in the plan shall address fencing, lighting, vehicular traffic control, and securing of equipment and buildings.

(9)

Training. Facility employees and contractor personnel using the facility shall be trained in and informed of preventive measures at the facility. Employee training shall be conducted at intervals specified in the p lan, but not less than once per year, in matters of pollution control laws and regulations, and in the storm water pollution prevention plan and the particular features

. of the facility and its operation which are designed to minimize discharges of Section 313 water priority chemicals. The plan shall designate a person who is accountable for spill prevention, at the facility and who will set up the necessary spill emergency procedures and reporting requirements so that spills and emergency releases of Section 313 water priority chemicals can be isolated-and contained before a discharge of a Section 313 water priority chemical can occur. Contractor or temporary personnel shall be informed of facility operation and design features in order to prevent discharges or spills from occurring.

8.

Additional Requirements for Salt Storage. Storage piles of salt used for deicing or other commercial or industrial purposes and which generate a storm water discharge associated with industrial activity which is discharged to surface *waters of the State shall be enclosed or covered to prevent exposure to precipitation, except for exposure resulting from.dding or removing materials from the pile within two years of the effective date of this permit. Piles do not need to be enclosed or covered where storm Water from the pile is not discharged to surtace waters of the State.

Page 32

Part V. NUMERIC EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS, A. RESERVED.

B. Monitoring Requirements. Only the activities described in the following matrix and associated definitions are required to conduct monitoring. The monitoring required in the following matrix shall be conducted annually.

Monitoring shall be initiated within twelve months of the effective date of this permit and henceforth on an annual basis, weather conditions permitting: A permittee may, in lieu of annual monitoring, certify that industrial materials are not exposed to storm water; such certification shall be submitted to the Ohio EPA upon request of

the Director.

1. MONITORING REQUIREMENTS MATRIX UUUUST'RIA ACTIVITY CATEGORIES u..

Ua

.. r-......

U' I

k moii Uzland Grease X

U x

X X

X mU/1 5-day Uiochemical OxyUen UDsmnd U

U U

.q/1 Chemical O.. en D.emnd X

X X

x X

X X

x mg/1 Toxa 2

Suspended Soids x

X x

x Ux x

mg/l Total KUeldahl Nitro-Un X

U Ma/l Phosphorus x

.U.

pX U

U U

X x

x U

U TU.

AcUte Toxicity Hours Duration Of Stormt Ent X,

X X

U Inches Precipitation X

U X

X x

x X..

U X

U Hours Duration Between S.tor, en Uts X

U X

X X

U U

U X

X GaUlons volu. e (esn)

X X

X x

U X

X x

nUU UNitrate-Ninrogen mU/1 UN ite-Ni-roaen I

I "U/l Lead, Total X

XU U/U Cadmium. Total V'

X up/U

Copper, TotalU-UX X

x U

,o/1 Arsenic, Tota U'

X X

u/!

Chromiup, Total x'

U U

p/i UnAnmonia ng/l Mapnesiuu, Total Page 33

Part V. NUMERIC EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (continued)

B. (continued)

TNDUSTRIAL ACTI'VITY CATEgGORIES Uitspuro~eter M a.nesium ssolved X

gm/l 7otal Dissolved Solids x

mq/S Total Or.a..i Carbon X

Barium, _Toal X

.9m/1 Cyanid; Total-1,g/i

mercury, Total x

u/

Salenium., Toal X

,_____1 ______

5500,T ota'l

,u/l Pen-tachloroohenol x

u9/1 Nick0 1, T-100 x

X

,)1 Zion, Total o

I/lO0m!

Secal Coliform Co o

Time between'the~storm event when 'sampling is being conducted and the last storm event producing rainfall greater than 0.1 inches.

(1) and any pollutant limited in an effluent guideline or categorical pretreatment standard which the facility is subject.

2 and the primary ingredient used in the deicing materials used at the site (e.g., ethylene glycol; urea, etc.).

3) Facilities that areclassified as SIC 33 only because they manufacture pure silicon and/or semiconductor grade silicon are not required to monitor for this parameter.

2.

Industrial Activity Categories Definitions

a. Section 313,of SARA Title III Facilities. As of the effective date of this permit, facilities with storm water discharges associated with industrial activity that are subject to requirements to report releases into the environment under Section 313 of SARA Title III for chemicals which are classified as 'Section 313 water priority chemicals' are not (as they may have been in a previous permit). required to monitor storm water that is discharged from the facility unless required by paragraphs V.B.2.bthrough B.2.1.

b.

Primary Metal Industries. Facilities with storm water discharges associated with industrial activity classified~as Standard Industrial Classification (SIC) 33 (Primary Metal Industry) arerequired to monitor

,such storm water that is discharged from the facility.

c.

Land Disposal Units/Incineratorsl/BIFs. Facilities with storm water discharges associated with industrial activity from any active'or inactivie landfill, land application sites or open dump.without a stabilized final cover that has received any industrial wastes from a facility with a Standard Industrial Classification (SIC) of between 20-39 (manufacturing); and incinerators (including Boilers and Industrial Furnaces (BIFs)) that burn hazardous waste and operate under interim'status or a permit under Subtitle C of RCRA, are required to monitor such storm water that is discharged from the faciiity.:

d. Wood Treatment Using Chlorophenolic Formulations. Facilities with storm water discharges associated with industrial activity from areas that are used for wood treatment, wood surface application or storage of treated or surface protected wood at any wood preserving or wood surface facilities are required to monitor such storm water that'is discharged from the facility.

e.

Wood Treatment Using Creosote Formulations. Facilities with storm water discharges associated with industrial activity from areas that are used for wood treatment, wood surface application or storage of treated or surface protected wood at any wood preserving or wood surface facilities are required to monitor such storm water that is discharged from,the facility; Page 34

Part V. NUMERIC EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS, (continued)

B. (continued)

f.

Wood Treatment Using Chromium-Arsenic Formulations. Facilities with stbrm water discharges associated with industrial activity from areas that are used for wood treatment, wood surface application or storage of treated or surface protected wood at any wood preserving or wood surface facilities are requiredto monitor such storm water that is discharged from the facility.

g.

Coal Pile Runoff. Facilities with storm water discharges associated with industrial activity from coal pile runoff are required to monitor such storm water that is discharged from the facility.

h.

Battery Reclaimers. Facilities with storm water discharges' associated with industrial activity from areas used for storage of lead acid batteries, reclamation products, or waste products, and areas used for lead acid battery reclamation (including material handling activities) at facilities that reclaim lead acid batteries are required to monitor such storm water that is discharged from the facility.

i.

Airports. At airports with over 50,000 flight operations per year, facilities with storm water discharges associated with industrial activity from areas where aircraft or airport deicing operations occur (including.

runways, taxiways, ramps, and dedicated aircraft deicingstations) are required to monitor such storm Water that is discharged from the facility.

j.

Coal-fired Steam Electric Facilities. Facilities with storm water discharges associated with industrial activity from coal handling sites at coal fired steam electric power generating facilities (other than discharges in whole or in part from coal piles subject to storm water effluent guidelines at 40 CFR 423 -

which are not eligible for coverage under this permit) are required to monitor such storm water that is discharged from the facility.

k.

Animal Handling / Meat Packing. Facilities with storm water discharges associated with industrial activity from animal handling areas, manure management (or storage) areas, and production waste management (or storage) areas that are exposed to precipitation at meat packing plants, poultry packing plants, and facilities that manufacture animal and marine fats and. oils,.are required to monitor such storm water that is discharged from the facility.

'Additional Facilities. Facilities with storm water discharges associated with industrial activity that:

(1) come in contact with storage piles for-solid chemicals used as raw materials that are exposed to precipitation at facilitiesciassified'as SIC 30.(Rubber arid Miscellaneous Plastics Products) or SIC 28 (Chemicals and Allied Products);

(2) are from those areas at automobile junkyards wijth any.of the following! (A).:over 250 auto/truck bodies with drivelines (engine, transmission, axles, and wheels), 250 drivelines, or any combination thereof (in whole or in parts) are exposed to storm water; (B) over 500 auto/truck units (bodies with or without drivelinesin whole or in parts) are storedexposed to storm water; or (C) over 100 units per year areodismantled and drainage or storage of,autormotive'fluids occurs in' areas exposed to storm water;

(3) come into contact with limestorage piles that are exposed to storm water at lime manufacturing facilities; (4) are from oil.handling sites at oil fired steam electric power generating facilities; (5) are from cement manufacturing facilities and cement kilns (oth'er than discharges in whole or in part from material storage piles subject to storm water effluent guidelines at 40 CFR 411 - which are not eligible for coverage under this permit);

(6)

(7) are from ready-mixed concrete faciliti'es; or, are from ship building and repairing facilities; are required to monitor such storm water discharged from the facility.

Page 35

Part V. NUMERIC EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (continued)

B. (continued)

3.

Sample Type. Take a minimum of one grab sample from the discharge resulting from a storm event that is greater than 0.1 inches in magnitude and.that occurs at least 72 hours8.333333e-4 days 0.02 hours 1.190476e-4 weeks 2.7396e-5 months from the previously measurable (greater than 0.1 inch rainfall) storm event. The grab sample shall be taken during the first thirty minutes of the discharge. If the collection of a grab sample during the first thirty minutes is impracticable, a grab sample can be taken during the first hour of the discharge, and the discharger shall submit with the.

monitoring report a description of why a grab sample during the first thirty minutes was impracticable.

4. Sampling Waiver. When a discharger is unable to collect samples due to adverse climatic conditions, the discharger must submit in lieu of sampling data a description of why samples could not be collected, including available documentation of the event. Adverse climatic conditions which may prohibit the collection of samples includes weather conditions that create dangerous conditions for personnel (such as local flooding, high winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make the collection of a sample impracticable (drought, extended frozen conditions, etc.).

5. Representative Discharge. When a facility has two or more outfalls that, based on a consideration of features and activities within the area drained by the outfall, the permittee reasonably believes discharge substantially identical effluents, the permittee may test the effluent of one of such outfalls and report that the quantitative data also applies, to the substantially identical outfalls. In addition, for each outfall that the permittee believes is representative, an estimate of the size of the drainage area (in square feet) and an estimate of the runoff coefficient of the drainage area (e.g. low (under 40%), medium (40% to 65%) or high (above 65%)) shall be provided.

C. Toxicity Testing. Not Required.

D. Alternative Certification of "Not Presenrt or No Exposure:" You are not subject. to the analytical monitoring requirement of this part provided: you make a certification for a given outfall, or on a pollutant-by-pollutant basis in lieu of monitoring required under this part, that material handling equipment or activities, raw materials, intermediate products,final products, waste materials, by-products, industrial machinery or operations, or significant materials from past industrial activity that are located in areas of the facility within the drainage area of the outfall are not presently exposed to-storm water and are not expected to be exposed to storm water for the certification period; and your certification is signed in accordance with Attachment VI.G and retained in the SWP3. If you cannot certify for an entire period., you must note the date exposure was eliminated and perform any, monitoring required up until that date.

Page 36

Part VI. OTHER STORM WATER REQUIREMENTS, DEFINITIONS AND AUTHORIZATION A. Failure to Certify. Any facility that is unable to provide the certification required under paragraph IV.D.3.g.(1)

(testing for non-storm water discharges), must notify the Director within 180 days of the effective date of this permit. Such notification shall describe: the procedure of any test conducted for the presence of non-storm water ischarges; the results of such test or other relevant observations; potential sources of non-storm water discharges to the storm sewer; and why adequate tests for such storm sewers were not feasible.

B. Signatory Requirements. See Part 111.28.

C. Definitions.

"Section 313 water priority chemical` means'a chemical or chemical categories which are: 1) are listed at 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right-to-Know Act of' 1986; 2) are present at or above threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and 3) that meet at least one of the following criteria: (i) are listed in Appendix D of 40 CFR 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table V (certain toxic pollutants and hazardous substances); (ii) are listed as a hazardous substance pursuant to section 311 (b)(2)(A).of the Act at 40 CFR-116.4; or (iii) are pollutants for which EPA has' published acute or chronic Water quality criteria..

"Siqnificant materials" includes, but is not limited to: raw materials; fuels; materialssuch'as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in'fdod processing or production; hazardous substances designated under section 101 (14) of CERCLA; any chemical the facility is required to report pursuant to Section 313 of Title Ill of SARA; fertilizers; pesticides;'and waste products such as ashes, slag and sludge that have the potential to be released with storm water disc harges.

"Significant spills" includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (see 40 CFR 110.10 and CFR'1 1721) or section 102 of CERCLA (see 40 CFR 302.4).

"Storm Water" means storm water runoff,'snow melt runoff, and surface runoff and drainage.

"Definition of Storm Water Associated with Industrial Activity" means the discharge from any conveyance which is used for collecting and conveying storm water and which'is directly related tomanufacturing, processing or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the NPDES program. For the categories of industries identified in subparagraphs (i) through (x) of this subsection, the term includes, but is not limited to, storm water discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at 40 CFR 401); sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. For the categories of industries identified in subparagraph (xi),

the term includes only storm water discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw materials, intermediate products, final products, waste materials, by-products, or industrial machinery are exposed to storm water. For the purposes of this paragraph, material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the above described-areas. Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in this paragraph (i)-(xi)) include those facilities designated under 40 CFR 122.26(a)(1)(v). The following categories of facilities are considered to be engaging in "industrial activity" for purposes of this subsection:

(i)

Facilities subject to storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N (except facilities with toxic pollutant effluent standards which are exempted under category (xi) of this paragraph);

(ii) Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and 285) 29, 311, 32 (except 323), 33, 3441, 373; Page.37

Part VI. OTHER STORM WATER REQUIREMENTS, DEFINITIONS AND AUTHORIZATION (continued)

C.

(continued)

(iii) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11 (I)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; (iv) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; (v)

Landfills, land application sites, and open dumps that have received any industrial wastes (waste that is received from any of the facilities described under this subsection) including those that are subject to regulation under Subtitle D of RCRA; (vi) Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards, and automobile junkyards, including but not limited to those classified as Standard Industrial Classification 5015 and 5093; (vii)

Steam electric power generating facilities, including coal handling sites; (viii)

Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221-25), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraphs (i)-

(vii) or (ix)-(xi) of this subsection are associated with industrial activity; (ix) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that are located within the confines of the facility,.with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR 403.

Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with 40 CFR 503; (x)

Construction activity - This category of industrial activity is not regulated under this permit.

(xi) Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included with in categories (ii)-(x)).

"SWPPP" means storm water pollution prevention plan to be completed as a condition of this permit (see Part IV oThis ermit).

"Time-weighted composite" means a composite sample consisting of a mixture of equal volume aliquots collected at a constant time interval.

"Waste pile" means any non-containerized accumulation of solid, non-flowing waste that is used for treatment or storage.

"10-year, 24-hour precipitation event" means the maximum 24-hour precipitation event with a probable reoccurrence interval of once in 10 years. This information is available in "Weather Bureau Technical Paper No.

40,", May 1961 and "NOAA Atlas 2," 1973 for the 11 Western States, and may be obtained from the National Climatic Center of the Environmental Data Service, National Oceanic and Atmospheric Administration, U.S.

Department of Commerce.

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

"Upset" means 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.

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.

Page 38

L-12-136, Revision of the National Pollutant Discharge Elimination System Permit

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L-12-136, Revision of the National Pollutant Discharge Elimination System Permit

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