ML041880131

Special Report: National Pollution Discharge Elimination System Permit No. MD0002399 Renewal

ML041880131
Person / Time
Site:	Calvert Cliffs
Issue date:	06/30/2004
From:	Nietmann K Constellation Energy Group
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
02-DP-0187, MD0002399
Download: ML041880131 (30)

Text

Kevin J. Nietmann 1650 Calvert Cliffs Parkway Plant General Manager Lusby, Maryland 20657 Calvert Cliffs Nuclear Power Plant 410 495-4101 Constellation Generation Group, LLC 410 495-4787 Fax Constellation Energy Group June 30, 2004 U. S. Nuclear Regulatory Commission Washington, DC 20555 ATTENTION: Document Control Desk

SUBJECT:

Calvert Cliffs Nuclear Power Plant Unit Nos. I & 2; Docket Nos. 50-317 & 50-318 Special Report: National Pollution Discharge Elimination System Permit No. MD0002399 Renewal In accordance with Section 3.2.3 of Appendix B, Environmental Protection Plan (Non-Radiological)

Technical Specifications, the Calvert Cliffs Nuclear Power Plant State Discharge Permit is provided. This permit was effective June 1, 2004 and expires May 31, 2009.

Should you have questions regarding this matter, we will be pleased to discuss them with you.

Very truly yours, r for Kevin J. Nietmann Plant General Manager KJN/MJY/bjd

Attachment:

Calvert Cliffs National Pollution Discharge Elimination System Permit No. MD0002399 cc: (Without Attachment)

R. S. Fleishman, Esquire H. J. Miller, NRC J. E. Silberg, Esquire Resident Inspector, NRC Director, Project Directorate I-l, NRC R. I. McLean, DNR R. V. Guzman, NRC yZ5

ATTACHMENT (1)

CALVERT CLIFFS NUCLEAR POWER PLANT STATE PERMIT No. 02-DP-0187 NPDES PERMIT No. MD0002399 NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT Calvert Cliffs Nuclear Power Plant, Inc.

June 30,2004

MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard

• Baltimore MD 21230 MDE 410-537-3000

• 1-800-633-6101 Robert L. Ehrlich, Jr. Kendl P. Philbrick Governor Secretary Michael S. Steele APR 2 b 2004 Lt. Governor CERTMr-ED MATT.

Brenda Nuse, Chemist Calvert Cliffs Nuclear Power Plant, Inc.

1650 Calvert Cliffs Parkway Lusby, Maryland 20657 Re: State Discharge Permit No. 02-DP-0187,NPDES MD0002399

Dear Ms. Nuse:

Enclosed is the issued discharge permit referenced above with the effective date indicated on the cover page. The permittee is responsible for complying with all permit conditions. You are therefore advised to read the permit carefully and become thoroughly familiar with the requirements.

Enclosed are (EPA No. 3320-1) Discharge Monitoring Report (DMR) forms, which must be completed for each reporting period and submitted to the Department in accordance with the requirements of the permit. Copies of these forms can also be downloaded from the Department's website (the shortcut is wwwrn de- ttet--TniicstIqoetci'i mit nt/perrnfmitwtin nrpran. Using the latest version of Adobe Acrobat Reader, the DMR form can be completed from a keyboard and printed for mailing to the Department.

You will also find enclosed a copy of the Federal Register, Part 136 - "Guidelines Establishing Test Procedures for Analysis of Pollutants". Unless otherwise specified, these guidelines are to be used for the analyses required by this permit. The most current version of 40 C.F.R. Part 136 can be found online at EPA's website. The link is www epn gov/epsmnniek/fr4O tm.

Please direct all future correspondence regarding permit compliance to the following address:

Maryland Department of the Environment Water Management Administration Compliance Program 1800 Washington Boulevard Baltimore, Maryland 21230-1708 If you have any questions, please do not hesitate to call David Fluke, Industrial Discharge Permits Division, at (410) 537-3323.

Sincerely, Robert M. Summers, Director Water Management Administration RMS-kh Enclosures 3/4.  ; l',- ad_ , m': > .-45

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• Baltimore MD 21230 ODE 410-537-3000

• 1-800-633-6101 Robert L. Ehrlich, Jr. Kendl P. Philbrick Governor Secretary Michael S. Steele Lt. Governor PERMIT NUMBER ll NPDES PERMIT MD0002399 NUMBER _ _ _ _ _ _ _ _ _ _ _ _

EFFECTIVE DATE June 1,2004 EXPIRATION DATE May 31, 2009 1 Pursuant to the provisions of Title 9 of the.Environment Article, Annotated Code of Maryland, and regulations promulgated there under, and the provisions of the Clean Water Act, 33 U.S.C. § 1251 et seq. and implementing regulations 40 CFR Parts 122, 123, 124, and 125, the Department of the Environment, hereinafter referred to as the "Department," hereby authorizes.

Calvert Cliffs Nuclear Plant, Inc.

1650 Calvert Cliffs Parkway Lusby, Maryland 20657 TO DISCHARGE FROM a nuclear steam electric generating plant LOCATED AT two miles northeast of Lusby, Calvert County, Maryland VIA OUTFALL 001 and 003 through 005 as identified and described herein and other point sources of storm water associated with industrial activity referred to herein TO Chesapeake Bay (Use II) and an unnamed tributary (Use I) which are protected for water contact recreation, shellfish havesting, fishing, aquatic life, and wildlife in accordance with the following special and general conditions and map(s) made a part hereof.

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I Permit Number: 02-DP-0187 (MD0002399) Page Number: 2 SPECIAL CONDITIONS A. I. ErFFLUENT LIMiTATIONS AND MONiTORING REQUIREMENTS During the effective period of this permit, the permittee is authorized to discharge once-through cooling water, "low volume waste sources", auxiliary boiler blowdown, precoat sump water, secondary loop blowdown, effluent from a sewage treatment plant, and reverse osmosis reject water from Outfall 001 including the discharges from monitoringpoints 101A, 102A, 103A, 104A, and lO6A (Maryland Coordinates 215.2N 969.9).

As specified below, such discharge shall be limited and monitored by the permittee at the surge pit at the end of Discharge Road near the northeast comer of the plant.

PARAMETER QUANTITY OR LOADING QUALITY OR CONCENTRATION FREQUENC SAMPLE NOTE YOF TYPE S MONTHLY DAILY UNITS MINIMUM MONTHLY DAILY UNITS ANALYSIS AVERAGE MAXIMUM AVERAGE MAXIMUM l Flow Report Report mgd Continuous Recorded Temperature -Intake Report 1/Hour Caluculated (I)

Discharge Temperature Increase 12 OF 1/Hour Calculated (2)

Total Residual 0.0075 0.013 mgl I[/Week Grab (3)

Chlorine (TRC)__

There shall be no discharge of floating solids or persistent foam in other than trace amounts. Persistent foam is foam that does not dissipate within one half-hour of point of discharge.

(1) Temperature is calculated as the flow weighted average of individual instaneous discharge measurements taken once per hour at the concrete surge pit. Four conduits converge at this point (two from each unit), and two temperature probes are located within the discharge of each conduit.

(2) Calculated as the difference of the temperature of this discharge and the temperature of the intake.

(3) During periods of chlorination. The permittee shall indicate on each monthly discharge monitoring report when chlorine compounds are not in use. Otherwise, it will be assumed that chlorine is being used and monitoring required. Residual chlorine may not be discharged from any unit for more than two hours per day unless the permittee demonstrate to the Department that discharge for more than two hours is needed for macroinvertebrate control. Compliance with this limit shall be determined using the amperometric titration method. The minimum detection level for chorine is 0.1 mg/I. Because the minimum level (quantification level) for chlorine is 0.10 mg/l, results below this level shall be reported as "<0.10 mg/" and shall be considered in compliance with these limits.

NOTE: The radioactive component of this discharge is regulated by the U.S. Nuclear Regulatory Commission under Atomic Energy Act and not by the Department or the EPA under the Clean Water Act.

I Page Number: 3 Pen-nit Number: 02-DP-0187 (MD0002399)

SPECIAL CONDMONS A.2. EFFLUENT LIMITATIONS AND MONITORING REOU EMENTS treatment plant via Monitoring Point IOlA of During the effective period of this permit, the permittee is authorized to discharge effluent fiom a sewage Outfall 001 (Maryland Coordinates 214.ON and 977.7E).

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As specified below, such discharge shall be limited and monitored by the permittee at the discharge from the dechlorination QUALITY OR CONCENTRATION FREQUENCY SAMPLE NOTES PARAMETER QUANTITY OR LOADING OF TYPE DAILY UNITS MINIUM MONTHLY DAILY UNITS ANALYPEI MONTHLY AVERAGE MAXIMUM AVERAGE MAXIMUM Report Report gpd 1/Week Measured Flow 30 45 mg/i I/Week 8-hr BOD 5 _ Composite 30 45 mg/i I/Week 8-hr Total Suspended Composite l Solids (TSS) 200 400 Weekly MPN/ I/Week Grab (1)

Fecal Coliform 100 ml average 0.0075 0.013 mg/I 1/Week Grab (2)

Total Residual Chlorine is foam that does not dissipate within one half-hour of There shall be no discharge of floating solids or persistent foam in other than trace amounts. Persistent foam point of discharge.

(I) The average limitations shall be calculated as Geometric Mean.

shall be reported as "<0.10 mg/I" and shall be considered-in (2) Because the minimum level (quantification level) for chlorine is 0.10 mg/I, results below this level compliance with this permit.

under Atomic Energy Act and not by the NOTE: The radioactive component of this discharge is regulated by the U.S. Nuclear Regulatory Commission Department or the EPA under the Clean Water Act.

Page Number: 4 Permit Number: 02-DP-0187 (MYD0002399)

SPECIAL CONDiTIONS

\.3. EFFLUENT LIMITATIONS AND MONITORING REOUIRMENTS demineralizer backwash via Monitoring During the effective period of this permit, the permittee is authorized to discharge the following low volume waste sources:

Outfall 002), and blowdown via Monitoring Points 103A and Point 104A, effluent from plant sumps and storm water runoff via Monitoring Point 102A (formerly 106A.

treatment plant access road for 102A and the As specified below, such discharge shall be limited and monitored by the permittee at the pipe outlet beside the sewage sample sink for Monitoring Point 106k discharge from the neutralization tank for 104A in the auxiliary boiler room for Monitoring Point 103A and at the plant QUALITY OR CONCENTRATION FREQUENCY SAMPLE NOTES PARAMER QUANiTY OR LOADING OF TYPE.

MONTHLY DAILY UNITS MINIMUM MONTHLY DAILY UNITS ANALYSIS AVERAGE MAXIMUM AVERAGE MAXIMUM Report gpd I/Month Measured Flow Report 30 100 mg/l 1/Month Grab (1)

Total Suspended Solids (TSS) 15 20 mg/i 1/Month Grab (1)

Oil & Grease 6.0 9.0 1/Discharge Grab (1),(2) pH does not dissipate within one half-hour of There shall be no discharge of floating solids or persistent foam in other than trace amounts. Persistent foam is foam that point of discharge.

After the permittee submits at least (1) Limitations and monitoring requirements for Monitoring Point 102A apply during periods with no stormwater runoff.

upon request by the permittee and three months of results for Monitoring Points 103A and 106A the monitoring frequency may be reduced to annually, if the pH level at Outfall 001 is demonstration that the effluent is essentially pure water. Compliance with the pH limits may alternatively be demonstrated within these limits.

(2) The frequency of analysis of pH for MP102A shall be 1/month.

Energy Act and not by the NOTE: The radioactive component of this discharge is regulated by the U.S. Nuclear Regulatory Commission under the Atomic Department or the EPA under the Clean Water Act.

Page Number: 5 Permit Number: 02-DP-0187 (MD0002399)

• SPECIAL CONDITIONS

'IA. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS from a swimming pool via Outfall 005 (Maryland During the effective period of this permit, the permittee is authorized to discharge filter backwash Coordinates 209.8 E and 968.9 N).

from a 3" plastic pipe located across the road north As specified below, such discharge shall be limited and monitored by the permittee at the discharge of the pool.

QUALITY OR CONCENTRATION FREQUENCY SAMPLE NOTES QUANTITY OR LOADING TYPE OF PARAMETER ANALYSIS MONTHLY DAILY UNITS MINIMUM MONTHLY DAILY UNITS AVERAGE MAXIMUM AVERAGE MAXIMUM gpd 1/Month Measured Flow Report Report

<0.1 mg/I l/Month Grab Total Residual .

Chlorine .

<0.1 mg/I 1/Month Grab Total Residual Bromine 200 mg/i 1/Month Grab Cyanuric Acid foam is foam that does not dissipate within one half-hour of point There shall be no discharge of floating solids or persistent foam in other than trace amounts. Persistent of discharge.

Permit Number: 02-DP-0187 (MD0002399) Page Number:' 6 SPECLAL CONDITIONS B. DEFINITIONS

1. The "monthly, quarterly, semi-annual, or annual average" effluent concentration means the value calculated by computing the arithmetic mean of all the daily determinations of concentration made during any calendar-month, 3-month, 6-month, or 12-month period respectively.

2. The "daily maximum" effluent concentration means the highest reading of any daily determination of concentration.

3. "Daily determination of concentration" means one analysis performed on any given sample representing flow during a calendar day, with one number in mg/l or other appropriate units as an outcome.

4. "Grab sample" means an individual sample collected in less than 15 minutes.

Grab samples collected for pH and total residual chlorine shall be analyzed within 15 minutes of time of sample collection.

5. "Composite sample" means a combination of individual samples obtained at least at hourly intervals over a time period. Either the volume of each individual sample is proportional to discharge flow rates or the sampling interval (for constant volume samples) is proportional to the flow rates over the time period used to produce the composite.

6. "i-s" = immersion stabilization - means a calibrated device immersed in the effluent stream until the reading is stabilized.

7. The "daily maximum" temperature means the highest temperature observed during a 24-hour period or, if flows are of shorter duration during the operating day.

8. "Bypass" means the intentional diversion of wastes from any portion of a treatment facility.

9. "Upset" means the 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.

10. "Measured" flow means any method of liquid volume measurement the accuracy of which has been previously demonstrated in engineering practice, or for which a relationship to absolute volume has been obtained.

11. "Recorded" flow, pH, temperature, etc., means any method of providing a permanent, continuous record including, but not limited to, circular and strip charts.

12. "Oil and Grease" is the test method according to EPA Method 1664.

Perrnit Numnberi: 02-DP-0187 (MD0002399) Page Number: 7 C. TOXIC POLLUTANT REPORTING The permittee shall notify the Department as soon as it is known or suspected that any toxic pollutants which are not specifically limited by this permit have been discharged at levels specified in 40 CFR Part 122.42(a).

D. REMOVED SUBSTANCES

1. Within 30 days after notification by the Department, the perrnittee shall provide information on the disposal of any removed substances, as defined by General Condition B.7, including the following information:

a. A suitable map showing all areas used for disposal of removed substances.

b. The physical, chemical, and biological characteristics, as appropriate; quantities of any removed substances; and the method of disposal.

c. If disposal is handled by persons other than the permittee, identification of the contractor or subcontractor, their mailing address, and the information specified in a and b above.

2. The Department's notification may also require the permittee to provide the above information prior to the use of new or additional disposal areas, contractors, or subcontractors.

E. ANALYTICAL LABORATORY Within 30 days after the effective date of this permit, the permittee shall submit to the Department (attn: Industrial Discharge Permits Division) the name and address of the analytical laboratory (including the permittee's own laboratory) which is used to perform the monitoring required by this permit.

If the laboratory changes during the effective period of this permit, the permittee shall notify the Department of the new laboratory within 30 days after the change.

F. . WASTEWATER OPERATOR CERTIFICATION As of the effective date of this permit, the permittee's facility shall be operated under the direction of an industrial wastewater operator duly certified by the Maryland Board of Waterworks and Waste Systems Operators. Certification shall be for operation of a Class 3 Municipal wastewater works, and a Class I Industrial wastewater works unless the Board determines that a different classification is appropriate. At no time during the effective period of this permit shall the treatment facilities be operated for more than two months without a certified operator.

Permnit Number: 02-DP-0187 (MD0002399) Page Number: 8 G. FLOW MONITORING In lieu of providing measured flow (defined in Special Condition B) at Outfall(s) 001, 003, 004, 005 and Monitoring Points 102A, 101A, 103A, 104A and 106A the perrnittee may estimate flows and submit the following information with their discharge monitoring report in the first quarter of each calendar year:

1. a description of the methodology used to estimate flow at each outfall where flow measurement equipment is not present;

2. documentation appropriate to the methodology utilized which provides information necessary to support the validity of the reported flow estimate. If actual measurements or observations are made, a description of typical sampling times, locations, and persons performing the measurements/observations should also be provided.

3. a description of the factors (e.g., batch discharges, intermittent operation, etc.) which cause flow at the outfall to fluctuate significantly from the estimate provided.

H. FLOW BASIS FOR ANNUAL DISCHARGE PERMIT FEE The Department will calculate permit fees annually and will invoice the permittee based upon average discharge flow. Permit fees are payable in advance to the Department by July 1 of each fiscal year (July 1 through June 30).

The permittee shall provide to the Department's Industrial Discharge Permits Division by May 1 of each year an updated average discharge flow value for the next billing period if the flow volume used to calculate the most recent annual permit fee (or, if the permit was renewed within the past year, the flow volume used to calculate the application fee) differs significantly from either of the following flow determinations:

1. average flow data from the current fiscal year as reported on the permittee's discharge monitoring reports, or

2. the estimated flow volume for the next billing period based upon recent changes at the facility.

The permittee shall include with their flow revision notification a summary of flow data reported on discharge monitoring reports for the previous year and any other supporting documentation to be used as the basis for the flow determination.

I. REAPPLICATION FOR A PERMIT The Department is implementing a schedule for issuance of discharge permits grouped by geographical areas (watersheds). To implement the watershed-based schedule, the Department may revoke and reissue this permit concurrently with other permits in the watershed. Unless the Department grants permission for a later date, the permittee shall submit a renewal application by no later than 12 months prior to the expiration date on the first page of this permit, or notify the Department of the intent to cease discharging by the expiration date. The renewal application shall include the information required under federal repulations implementing 316(b) Clean Water Act requirements for "Phase II" facility permit renewals. In the event that a timely and sufficient reapplication has been submitted and the Department is unable, through no fault of the permittee, to issue a new permit before the expiration date of this permit, the terms and conditions of this permit are automatically continued and remain fully effective and enforceable.

Permit Number: 02-DP-0187 (MD0002399) Page Number: 9 J. BIOMONITORING PROGRAM

1. Within three months of the effective date of the permit, the permittee shall submit to the Department for approval a study plan to evaluate wastewater toxicity at Outfall 001 by using biomonitoring. The study plan should include a discussion of:

a. wastewater and production variability

b. sampling & sample handling

c. source & age of test organisms

d. source of dilution water

e. testing procedures/experimental design

f. data analysis

g. quality control/quality assurance

h. report preparation

i. testing schedule

2. The testing program shall consist of two definitive acute testing events, three months apart.

This testing shall be initiated no later than three months following the Department's acceptance of the study plan.

a. Each of the two testing events shall include a 48-hour static renewal test using fathead minnow and a 48-hour static renewal test using a daphnid species.

b. If the receiving water is estuarine the permittee shall substitute estuarine species for those species specified above. Approved estuarine species for acute testing are sheepshead minnows, silversides, grass shrimp and mysid shrimp. In all cases, testing must include one vertebrate species and one invertebrate species.

3. The samples used for biomonitoring shall be collected at the same time and location as the samples analyzed for the effluent limitations and monitoring requirements for this outfall.

For chlorinated effluents, samples shall be collected after dechlorination.

4. Testing shall be conducted in accordance with the procedures described in Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms. August 1993, EPA/600/4-90/027F.

5. Test results shall be submitted to the Department within one month of completion of each set of tests.

6. Test results shall be reported in accordance with MDE)WMA "Reporting Requirements for Effluent Biomonitoring Data," 8/8/01.

7. If testing is not performed in accordance with MDE-approved study plan, additional testing may be required by the Department.

8. If the test results of any two consecutive valid toxicity tests conducted within any 12-month period show acute toxicity, the permittee shall repeat the test within 30 days to confirm the findings of acute toxicity. If acute toxicity is confirmed, the permittee shall:

a. Eliminate the source of toxicity through operational changes as soon as possible but in any case not longer than within three months, or

Pen-mitNumber: 02-DP-0187 (MD0002399) Page Number: 10

b. Perform a TRE. If the pernittee repeats the toxicity testing as stated above and the results of the repeat test do not confirm the acute toxicity, the Department will require the permittee to repeat the toxicity testing as stated above to reconfirm a finding of no acute toxicity. After reconfirmation, the permittee shall complete any remaining quarterly testing required.

9. If plant processes or operations change so that there is a significant change in the nature of the wastewater, the Department may require the permittee to conduct a new set of tests.

10. Submit all Biomonitoring related materials to:

Maryland Departmhent of the Enviroment Water Management Administration Compliance Program 1800 Washington Boulevard Baltimore, Maryland 21230 K. TOXCITY REDUCTION EVALUATION The pernittee shall conduct a Toxicity Reduction Evaluation CFRE) when a review of toxicity test data by the Department indicates unacceptable acute or chronic effluent toxicity. A TRE is an investigation conducted to identify the causative agents of effluent toxicity, isolate the source(s),

determine the effectiveness of control options, implement the necessary control measures and then confirm the reduction in toxicity.

1. Within 90 days following notification by the Department that a TRE is required, the permittee shall submit a plan of study and schedule for conducting a TRE. The permittee shall conduct the TRE study consistent with the submitted plan and schedule.

2. This plan should follow the framework presented in Generalized Methods for Conducting Industrial Toxicity Reduction Evaluations (EPAI600/2-881070).

3. Beginning 60 days following the date of the Department's acceptance of the TRE study plan and every 60 days thereafter, the permittee shall submit progress reports including all relevant test data to the Department. This shall continue until completion of the toxicity reduction confirmation.

4. Within 60 days following completion of the toxicity identification, or the source identification phase of the TRE, the permittee shall submit to the Department a plan and schedule for implementing those measures necessary to eliminate acute toxicity and/or reduce chronic toxicity to acceptable levels. The implementation of these measures shall begin immediately upon submission of this plan.

5. Within 60 days after completing implementation of the control measures to eliminate or reduce toxicity, the permittee shall submit to the Department for approval a study plan to confirm the elimination or reduction of toxicity by using biomonitoring.

6. If, for any reason, the implemented measures do not result in compliance with the Department's toxicity limitations, the permittee shall continue the TRE.

Permit Number: 02-DP-0187 (MD0002399) Page Number: I11 L.. ADDITIONAL CONDITIONS FOR STORM WATER The following areas shall be addressed in the Storm Water Pollution Prevention Plan required by special Condition Q. which follows:

(1) Delivery Vehicles. The plan must describe measures that prevent or minimize contamination of storm water runoff from delivery vehicles arriving on the plant site. At a minimum the pernittee should consider the following:

(a) Develop procedures for the inspection of delivery vehicles arriving on the plant site, and ensure overall integrity of the body or container.

(b) Develop procedures to control leakage or spillage from vehicles or containers, and ensure that proper protective measures are available for personnel and environment.

(2) Fuel Oil UnloadingAreas. The plan must describe measures that prevent or rninimize contamination of storm water runoff from fuel oil unloading areas. At a minimum the facility operator must consider using the following measures or an equivalent:

(a) Use containment curbs in unloading areas.

(b)During deliveries station personnel familiar with spill prevention and response procedures must be present to ensure that any leaks or spills are immediately contained and cleaned up.

(c) Use spill and overflow protection (drip pans, drip diapers, and/or other containment devices shall be placed beneath fuel oil connectors to contain any spillage that may occur during deliveries or due to leaks at such connectors).

(3) ChemicalLoading/UnloadingAreas. The plan must describe measures that prevent or minimize the contamination of storm water runoff from chemical loading/unloading areas. At a minimum the perrnittee must consider using the following measures or an equivalent:

(a) Use containment curbs at chemical loading/unloading areas to contain spills.

(b) During deliveries station personnel familiar with spill prevention and response procedures must be present to ensure that any leaks or spills are immediately contained and cleaned up. Where practicable chemical loading/unloading areas should be covered, and chemicals should be stored indoors.

(4) Miscellaneous Loading/UnloadingAreas. The plan must describe measures that prevent or minimize the contamination of storm water runoff from loading and unloading areas. The facility may consider covering the loading area, minimizing storm water runoff to the loading area by grading, berrning, or curbing the area around the loading area to direct storm water away from the area, or locate the loading/ unloading equipment and vehicles so that leaks can be controlled in existing containment and flow diversion systems.

(5) Liquid Storage Tanks. The plan must describe measures that prevent or minimize contamination of storm water runoff from above ground liquid storage tanks. At a minimum the facility operator must consider employing the following measures or an equivalent:

(a) Use protective guards around tanks.

(b) Use containment curbs.

Permit Number: 02-DP-0187 (MD0002399) Page Number: 12 (c) Use spill and overflow protection (drip pans, drip diapers, andlor other containment devices shall be placed beneath chemical connectors to contain any spillage that may occur during deliveries or due to leaks at such connectors)

(d) Use dry cleanup methods.

(6) Large Bulk Fuel Storage Tanks. The plan must describe measures that prevent or minimize contamination of storm water runoff from liquid storage tanks. At a minimum the facility operator must consider employing the following measures or an equivalent:

(a) Comply with applicable State and Federal laws, including Spill Prevention Control and Countermeasures(SPCC)

(b) Containment bermns.

(7) The plan must describe measures to reduce the potential for an oil or chemical spill, or reference the appropriate section of their SPCC plan. At a minimum the structural integrity of all above ground tanks, pipelines, pumps and other related equipment shall be visually inspected on a weekly basis. All repairs deemed necessary based on the findings of the inspections shall be completed immediately to reduce the incidence of spills and leaks occurring from such faulty equipment.

(8) Oil BearingEquipment in Switchyards. The plan must describe measures to reduce the potential for storm water contamination from oil bearing equipment in switchyard areas. The facility may consider level grades and gravel surfaces to retard flows and limit the spread of spills; collection of storm water runoff in perimeter ditches.

(9) Residue Hauling Vehicles. All residue hauling vehicles shall be inspected for proper covering over the load, adequate gate sealing and overall integrity of the body or container. Vehicles without load covers or adequate gate sealing, or with poor body or container conditions must be repaired as soon as practicable.

(10) MaterialStorageAreas. The plan must describe measures that prevent or minimize contamination of storm water from material storage areas (including areas used for temporary storage of miscellaneous products and construction materials stored in lay down areas). The facility operator may consider flat yard grades, runoff collection in graded swales or ditches, erosion protection measures at steep outfall sites (e.g., concrete chutes, riprap, stilling basins),

covering lay down areas, storing the materials indoors, covering the material with a temporary covering made of polyethylene, polyurethane, polypropylene, or hypalon. Storm water runon may be minimized by constructing an enclosure or building a berm around the area.

M. POLYCHLORINATED BIPHENYL COMPOUNDS There shall be no discharge of polychlorinated biphenyl compounds (PCBs). The permittee shall not discharge wastewater containing PCBs from any transformer sump to waters of the State.

N. IMPINGEMENT REPORTING Within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of any impingement on the water intake apparatus of aquatic organisms (traveling screens, bar screens, etc.), substantial enough to cause modification to plant operations, the

.Permit Number: 02-DP-0187 (MD0002399) -Page Number: 13 permittee shall submit written notification to the Department. Within 30 days of each occurrence, the permittee shall submit a written report to both the Department and to:

Department of Natural Resources Environmental Review Unit Tawes State Office Building 580 Taylor Avenue Annapolis, Maryland 21401-2397 The reports shall discuss the cause of the problem, plant reaction, and precautions to be taken to avoid similar impingements. Modification to plant operations due to the impingement of objects other than aquatic organisms need not be reported.

0. OTHER DISCHARGES The permittee is also authorized to discharge intake screen backwash and storm water runoff from outfalls 003 and 004 (MD Coordinates 214.0 N and 967.7 E.

P CYANIDE IN DISCHARGES Within 3 months of the effective date of this permit the permittee shall submit to the Department schedule and study plan for determining the source of cyanide found in the intake and discharges for this facility. The study shall determine the levels of cyanide entering the water at this facility or whether the cyanide is being falsely generated by test results.

Q. THERMAL DISCHARGE STUDY

1. Within three months after the effective date of the permit, the permittee shall submit to the Department for approval a study plan and schedule for determining compliance with state water quality standards for thermal discharges for Outfall 001. The study plan shall be implemented and the final results provided to the Department no later than 18 months after approval of the study plan by the Department.

2. In lieu of submitting a study plan, the permittee may submit a re-evaluation of the existing study no later than three months after the effective date of the permit. If approved; the Department shall rescind the requirement to submit a study plan and perform a new study.

R. BIOCIDES The permittee is authorized to use chlorine in the once-through cooling water. Approval to use other biocides will not be given until the permittee demonstrates to the Department's satisfaction that these bocides will not cause a toxic discharge by providing bioassay test results or aquatic toxicity data, including effluent concentration levels of the product.

S. STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY

1. Storm Water Pollution Prevention Plans - General The permittee shall have and implement a storm water pollution prevention plan beginning on the effective date of this permit. The storm water pollution prevention plan shall be prepared in accordance with sound engineering practices. The plan shall identify potential

Perrnit Number: 02-DP-0187 (MD0002399) Page Number: .14 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.

a. In developing this plan, the permittee may use as a reference "Storm Water Management for Industrial Activities: Developing Pollution Prevention Plans and Best Management Practices" (EPA Document #EPA832-R-92-006)-or the "Sunmmary Guidance" (EPA Document #EPA833-R-92-002). These documents can be obtained from the EPA Clearinghouse (phone: 1-800-490-9198) or the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161 (phone: 703-605-6000).

b. The plan shall be signed in accordance with Part ll.C.18 of this permit, and be retained on site in accordance with Part I.C. 1 of this permit. The permittee shall make plans available upon request to the Department, and in the case of a storm water discharge associated with industrial activity which discharges to a municipal separate storm sewer system with an NPDES permit, to the municipal operator of the.

c. If the plan is reviewed by the Department, the Department will notify the permittee, at any time, that the plan does not meet one or more of the minimum requirements of this Part. After such notification from the Department, the permittee shall make changes to the plan to meet the objections of the Department and shall submit to the Department a written certification that the requested changes have been made and implemented. Unless otherwise provided by the Department, the permittee shall have 90 days after such notification to make the necessary changes.

d. The permittee shall-amend the plan whenever there is a change in design, construction, operation, or maintenance which creates a 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 achieving the general objectives of controlling pollutants in storm water discharges associated with industrial activity.

Amendments to the plan may be reviewed by the Department as described above.

2. Storm Water Pollution Prevention Plan - Contents The plan shall include, at a minimum, the following items:

a. Each plan shall provide a description of potential sources which may be reasonably expected to add pollutants to storm water discharges. Each plan shall identify all activities and materials which may potentially be significant pollutant sources.

Each plan shall include:

i. A site map indicating an outline of the drainage area of each storm water outfall; each existing structural control measure to reduce pollutants in storm water runoff; and surface water bodies, including drainage ditches and wetlands.

Permnit Number: 02-DP-0187 (MD0002399) Page Number: 15 ii. A topographic map (or other map, if a topographic map is unavailable),

extending one-quarter of a mile beyond the property boundaries of the facility. The requirements of this condition may be included in the site map required above, if appropriate.

iii. A narrative description of significant materials that have been treated, stored, or disposed in a manner which allowed exposure to storm water at anytime from three years prior to obtaining coverage under this permit until the time the present method of on-site storage or disposal was initiated; materials management practices employed to minimize contact of these materials with storm water runoff; materials loading and access areas; 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.

iv. For each area of the facility that generates storm water discharges associated with industrial activity with a reasonable potential for containing pollutants, a prediction of the direction of flow, and an estimate of the types of pollutants which are likely to be present in storm water discharges associated with industrial activity; and

v. A summary of all existing sampling data describing pollutants in storm water discharges.

b. The permittee 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 minimum components, including a schedule for implementing such controls:

i. A preventive maintenance program that involves timely inspection and maintenance of storm water management devices (cleaning oil/water separators, catch basins) as well as inspecting and testing plant equipment and systems to uncover conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface waters.

ii. Good housekeeping that requires the maintenance of a clean, orderly facility.

iii. Spill prevention and response procedures shall be identified in the plan and made known to the appropriate personnel. The necessary equipment to implement a cleanup shall be available to the appropriate personnel.

iv. The plan shall prevent sediment and erosion by identifying areas which, due to topography, activities, or other factors, have a high potential for significant soil erosion, and identifying measures to limit erosion.

v. The plan shall contain a narrative consideration of the appropriateness of traditional storm water management practices (practices other than those which control the generation or source(s) of pollutants) used to divert, infiltrate, reuse, or otherwise manage storm water runoff in a manner that

Perrnit Number: 02-DP-0187 (MD0002399) Page Number: 16 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 2.a - description of potential pollutant sources) shall be considered when determining reasonable and appropriate measures.

Appropriate measures may include: 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.

vi. Qualified plant personnel shall be identified to visually inspect designated equipment and plant areas. A site inspection shall be conducted annually by such personnel to verify that the description of potential pollutant sources required under 2.a is accurate, the drainage map has been updated to reflect current conditions, and the controls to reduce pollutants identified in the storm water pollution prevention plan are being implemented and are adequate. In particular, material handling areas shall be inspected for evidence of, or the potential for, pollutants entering the drainage system. A tracking or follow-up procedure shall be used to ensure that each inspection results in an appropriate response.

vii. Spills or other discharge incidents, and information describing the quality and quantity of storm water discharges shall be in the facility records.

Maintenance activities shall be documented and recorded with inspection and discharge records. All records shall be maintained at the facility, for a minimum of three years. This period shall be automatically extended during the course of litigation, or when requested by the Department.

c. Storm water management programs may include requirements for Spill Prevention Control and Countermeasure (SPCC) plans under Section 311 of the Clean Water Act or Best Management Practices (BMPs) programs otherwise required by any NPDES permit and may incorporate any part of such plans into the storm water pollution prevention plan by reference.

d. Special Requirements for Storm Water Discharges Associated with Industrial Activity to Municipal Separate Storm Sewer Systems: Facilities covered by this permit shall comply with applicable requirements in municipal storm water management programs developed under State/NPDES permits issued for the discharge of the municipal separate storm sewer system that receives the facility's discharge, provided the municipal operator has notified the discharger of such conditions. These facilities shall make storm water pollution prevention plans available to the municipal operator of the system upon request.

e. Storage piles of salt used for deicing or other commercial or industrial purposes shall be enclosed or covered to prevent exposure to precipitation.

f. The description of the storm water Pollution Prevention Committee shall identify specific individuals within the plant organization who are responsible for developing the storm water pollution prevention plan and assisting the plant manager in its implementation, maintenance, and revision. The activities and responsibilities of the committee should address all aspects of the facility's storm

Permit Number: 02-DP-0187 (MD0002399) Page Nuinber: 17 water pollution prevention plan.

g. 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. A pollution prevention plan shall identify periodic dates for such training.

3. Storm Water Pollution Prevention Plan - Additional Requirements For Facilities Subiect To SARA Title III. Section 313 Requirements Storm water pollution prevention plans for facilities subject to reporting requirements under SARA Title m, Section 313 (42 U.S.C. § 11023) are required to include, in addition to the information required above, a discussion of the facility's conformance with the following (appropriate) guidelines:

a. In areas where Section 313 water priority 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:

i. Curbing, culverts, gutters, sewers or other forms of drainage control to prevent or minimize the potential for storm water runoff to come into contact with significant sources of pollutants; or ii. Roofs, covers, liners, or other forms of appropriate protection to prevent storage piles from leaching or exposure to storm water and wind.

b. The storm water pollution prevention plan shall include a complete discussion of measures taken to conform with the following applicable guidelines, other effective storm water pollution prevention procedures, and applicable State rules, regulations and guidelines.

i. 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. Liquid storage areas for Section 313 water priority chemicals shall be operated to prevent discharges of Section 313 chemicals by means such as secondary containment 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.

ii. Truck and rail car loading and unloading areas for liquid Section 313 water priority chemicals shall be operated to prevent discharges of Section 313 water priority chemicals by means such as the placement and maintenance of drip pans (including the proper disposal of materials collected in the 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.

Permit Number: 02-DP-0187 (MD0002399) Page Number: 18 iii. In plant areas where Section 313 water priority chemicals are transferred, processed or otherwise handled, piping, processing equipment and materials handling equipment shall be designed and operated so as to prevent discharges of Section 313 chemicals, and be composed of materials that are compatible with the substances handled. Additional protection, such as covers or guards to prevent wind blowing, spraying or releases from pressure relief vents from causing a discharge of Section 313 water priority chemicals to the drainage system shall be provided, as appropriate, to control the releases.

iv. Discharges from secondary containment areas.

(a) Drainage from secondary containment shall be restrained by valves or other positive means to prevent a spill or other excessive leakage of Section 313 water priority chemicals into the drainage system. After a visual inspection of the storm water and determination that no product is present, containment areas may be emptied by pumps or ejectors; however, these shall be manually activated.

(b) Flapper-type drain valves shall not be used to drain containment areas.

Valves used for the drainage of containment areas shall be of manual, open-and-close design.

(c) Records of the frequency and estimated volume (in gallons) of discharges from containment areas shall be kept at the facility for a mninimum of three years.

(d) In lieu of facility drainage engineered as described above, the final discharge of all in-facility storm sewers shall be equipped with a diversion system that could, in the event of an uncontrolled spill of Section 313 water priority chemicals, return the spilled material to the facility.

(e) Areas of the facility [those not addressed in paragraphs (a), (b), (c) or (d)], from which runoff which may contain Section 313 water priority chemicals or spills of Section 313 water priority chemicals and which could cause a discharge shall incorporate the necessary drainage or other control features to prevent discharge of spilled or improperly disposed material and ensure the mitigation of pollutants in runoff or leachate.

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

d. The storm water pollution prevention plan shall assess the potential of various sources at the plant to contribute pollutants to storm water discharges associated with industrial activity. The plan shall include an inventory of the types of materials handled. Facilities shall include in the plan a description of releases to land or water of SARA Title m water priority chemicals that have occurred at any time after July 1, 1989. Each of the following shall be evaluated for the reasonable potential for contributing pollutants to runoff: loading and unloading operations; outdoor storage activities; outdoor manufacturing or processing activities; significant dust or

Permit Number: 02-DP-0187 (MD0002399) Page Number: 19 particulate generating processes; and on-site waste disposal practices. Factors to consider include the toxicity of chemicals; quantity of chemicals used, produced, or discharged: the likelihood of contact with storm water; and history of significant leaks or spills of toxic or hazardous pollutants.

II. GENERAL CONDITIONS A. MONITORING AND REPORTING I. REPRESENTATIVE SAMPLING Samples and measurements taken as required herein shall be taken at such times as to be representative of the quantity and quality of the discharges during the specified monitoring periods.

2. REPORTING-MONITORING RESULTS SUBMITTED MONTHLY Monitoring results obtained during each calendar month shall be summarized on a Discharge Monitoring Report Form (EPA No. 3320-1) and submitted to the Department postmarked no later than the 28th day of the following month. Reporting periods shall end on the last day of each month. Duplicate signed copies of the Discharge Monitoring Reports shall be submitted to:

Maryland Department of the Environment Water Management Administration Compliance Program 1800 Washington Boulvard Baltimore, Maryland 21230 and to U.S. Environmental Protection Agency Region Im Office of Compliance and Enforcement NPDES Branch (3WP3 1) 1650 Arch Street Philadelphia, Pennsylvania 19103-2029

3. SAMPLING AND ANALYSIS METHODS The analytical and sampling methods used shall conform to procedures for the analysis of pollutants as identified in Title 40 CFR Part 136 - "Guidelines Establishing Test Procedures for the Analysis of Pollutants" unless otherwise specified.

4. DATA RECORDING REQUIREMENTS For each measurement or sample taken pursuant to the requirements of this permit; the permnittee shall record the following information:

a. the exact place, date, and time of sampling or measurement;

Permit Number: 02-DP-0 187(MD0002399) Page Number: 20

b. the person(s) who performed the sampling or measurement;

c. the dates and times the analyses were performed;

d. the person(s) who performed the analyses;

e. the analytical techniques or methods used; and

f. the results of all required analyses.

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

6. ADDITIONAL MONITORING BY PERM1TTEE If the permittee monitors any pollutant, using approved analytical methods as specified above, at the locations designated herein more frequently than required by this permit, the results of such monitoring, including the increased frequency, shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report form (EPA No. 3320-1).

7. RECORDS RETENTION All records and information resulting from the monitoring activities required by this permit, including all records of analyses performed, calibration and maintenance of instrumentation, and original recordings from continuous monitoring instrumentation shall be retained for a minimum of three years. This period shall be automatically extended during the course of litigation, or when requested by the Department.

B. MANAGEMENT REQUIREMENTS

1. CHANGE IN DISCHARGE All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit at a level in excess of that authorized shall constitute a violation of the terms and conditions of this permit. Anticipated facility expansions, production increases or decreases, or process modifications, which will result in new, different, or an increased discharge of pollutants, shall be reported by the permrittee by submission of a new application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the Department. Following such notice, the permit may be modified by the Department to specify and limit any pollutants not previously limited.

2. NONCOMPLIANCE WITH EFFLUENT LIMITATIONS If, for any reason, the permittee does not comply with or will be unable to comply with any daily maximum or daily minimum effluent limitation specified in this permit, the permittee shall notify the Inspection and Compliance Program by telephone at (410) 537-3510 within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of becoming aware of the noncompliance. Within five calendar days, the permittee shall provide the Department with the following information in writing:

a. a description of the non-complying discharge including its impact upon the receiving waters;

b. cause of noncompliance;

Permit Number: 02-DP-01 87(MD0002399) Page Number: 21

c. anticipated time the condition of noncompliance is expected to continue or if such condition has been corrected, the duration of the period of noncompliance;

d. steps taken by the permittee to reduce and eliminate the non-complying discharge;

e. steps to be taken by the permittee.to prevent recurrence of the condition of noncompliance; and

f. a description of the accelerated or additional monitoring by the permittee to determine the nature and impact of the noncomplying discharge.

3. FACILIES OPERATION All treatment, control and monitoring facilities, or systems installed or used by the permittee, are to be maintained in good working order and operated efficiently.

4. ADVERSE IMPACT The permittee shall take all reasonable steps to minimize or prevent any adverse impact to waters of the State or to human health resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge.

5. BYPASSING Any bypass of treatment facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited unless:

a. the bypass is unavoidable to prevent a loss of life, personal injury or substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources;

b. there are no feasible alternatives;

c. notification is received by the Department within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> (if orally notified, then followed by a written submission within five calendar days of the permittee's becoming aware of the bypass). Where the need for a bypass is known (or should have been known) in advance, this notification shall be submitted to the Department for approval at least ten calendar days before the date of bypass or at the earliest possible date if the period of advance knowledge is less than ten calendar days; and

d. the bypass is allowed under conditions determined by the Department to be necessary to minimize adverse effects.

6. CONDITIONS NECESSARY FOR DEMONSTRATION OF AN UPSET An upset shall constitute an affirmative defense to an action brought for noncompliance with technology-based effluent limitations only ifthe permittee demonstrates, through properly signed, contemporaneous operating logs, or other relevant evidence, that:

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

Permit Number: 02-DP-0187(MD0002399) Page Number: 22

b. the permitted facility was at the time being operated in a prudent and workman-like manner and in compliance with proper operation and maintenance procedures;

c. the permnittee submitted a 24-hour notification of upset in accordance with the reporting requirements of General Condition II.B.2 above;

d. the permittee submitted, within five calendar days of becoming aware of the upset, documentation to support and justify the upset; and

e. the permittee complied with any remedial measures required to minimize adverse impact.

7. REMOVED SUBSTANCES Wastes such as solids, sludges, or other pollutants removed from or resulting from treatment or control of wastewaters, or facility operations, shall be disposed of in a manner to prevent any removed substances or runoff from such substances from entering or from being placed in a location where they may enter the waters of the State.

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

a. provide an alternative power source sufficient to operate the wastewater collection and treatment facilities or,

b. halt, reduce or otherwise control production and all discharges upon the reduction, loss, or failure of the primary source of power to the wastewater collection and treatment facilities.

C. RESPONSIBILITIES

1. RIGHT OF ENTRY The permittee shall permit the Secretary of the Department, the Regional Administrator for the Environmental Protection Agency, or their authorized representatives, upon the presentation of credentials to:

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

b. access and copy, at reasonable times, any records required to be kept under the terms and conditions of this permit;

c. inspect, at reasonable times, any monitoring equipment or monitoring method required in this permit;

d. inspect, at reasonable times, any collection, treatment, pollution management, or discharge facilities required under this permit; and

Permit Number:' 02-DP-0187(MD0002399) Page Number: 23

e. sample, at reasonable times, any discharge of pollutants.

2. TRANSFER OF OWNERSHIP OR CONTROL OF FACILITES In the event of any change in ownership or control of facilities from which the authorized discharge emanates, the permit may be transferred to another person if:

a. the permittee notifies the Department in writing, of the proposed transfer,

b. a written agreement, indicating the specific date of proposed transfer of permit coverage and acknowledging responsibilities of current and new permittees for compliance with the liability for the terms and conditions of this permit, is submitted to the Department; and

c. neither the current permittee nor the new permittee receive notification from the Department, within 30 calendar days, of intent to modify, revoke, reissue or terminate the existing permit.

3. REAPPLICATION FOR A PERMIT -[Reserved]

4. AVAILABILITY OF REPORTS Except for data determined to be confidential under Section 308 of the Clean Water Act, 33 U.S.C. § 1318, all submitted data shall be available for public inspection at the offices of the Department and the Regional Administrator of the Environmental Protection Agency.

5. PERMIT MODIFICATION A permit may be modified by the Department upon written request of the permittee and after notice and opportunity for a public hearing in accordance with and for the reasons set forth in 40 CFR § 122.62 and 122.63.

6. PERMIT MODIFICATION. SUSPENSION. OR REVOCATION After notice and opportunity for a hearing, this permit may be modified, suspended, or revoked and reissued in whole or in part during its term for causes including, but not limited to, the following:

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

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

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

d. a determination that the permitted discharge poses a threat to human health or welfare or to the environment and can only be regulated to acceptable levels by permit modification or termination.

Permit Number: 02-DP-0187(MD0002399) Page Number: 24

7. TOXIC POLLUTANTS If a toxic effluent standard or prohibition (including any schedule of compliance specified in such toxic effluent standard or prohibition) is established by the U.S. Environmental Protection Agency, or pursuant to Section 9-314 of the Environment Article, Annotated Code of Maryland for a toxic pollutant which is present in the discharges authorized herein and such standard is more stringent than any limitation upon such pollutant in this pernit, this permit shall be revoked and reissued or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. Any effluent standard established in this case for a pollutant which is injurious to human health is effective and enforceable by the time set forth in the promulgated standard, even absent permit modification.

8. OIL AND HAZARDOUS SUBSTANCES PROHIBITED Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibility, liability, or penalties to which the permittee may be subject under Section 311 of the Clean Water Act (33. U.S.C. § 1321), or under the Annotated Code of Maryland.

9. CIVIL AND CRIMINAL LIABILITY Except as provided in permit conditions on "bypassing," "upset," and "power failure," nothing in this permit shall be construed to preclude the institution of any legal action nor relieve the permittee from civil or criminal responsibilities and/or penalties for noncompliance with Title 9 of the Environment Article, Annotated Code of Maryland or any federal, local, or other State law or regulation.

10. PROPERTY RIGHTS/COMPLIANCE WITH OTHER REQUIREMENTS 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.

11. SEVERABILITY The provisions of this permit are severable. If any provisions of this permit shall be held invalid for any reason, the remaining provisions shall remain in full force and effect. If the application of any provision of this permit to any circumstances is held invalid, its application to other circumstances shall not be affected.

12. WATER CONSTRUCTION AND OBSTRUCTION This permit does not authorize the construction or placing of physical structures, facilities, or debris, or the undertaking of related activities in any waters of the State.

13. COMPLIANCE WITH WATER POLLUTION ABATEMENT STATUTES The permittee shall comply at all times with the provisions of the Environment Article, Title 7, Subtitle 2 and Title 9, Subtitle 3 of the Annotated Code of Maryland and the Clean Water Act, 33 U.S.C. § 1251 et se.

Permit Number: 02-DP-0 187(MD0002399) Page Number: 25

14. ACTION ON VIOLATIONS The issue or reissue of this permit does not constitute a decision by the State not to proceed in administrative, civil, or criminal action for any violations of State law or regulations occurring before the issue or reissue of this permit, nor a waiver of the State's right to do so.

15. CIVIL PENALTIES FOR VIOLATIONS OF PERMIT CONDITIONS In addition to civil penalties for violations of State water pollution control laws set forth in Section 9-342 of the Environment Article, Annotated Code of Maryland, the Clean Water Act provides that any person who violates Section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under Section 402 of the Act or in a permit issued under Section 404 of the Act, is subject to a civil penalty not to exceed $27,500 per day for each violation.

16. CRIMINAL PENALTIES FOR VIOLATIONS OF PERMIT CONDITIONS In addition to criminal penalties for violations of State water pollution control laws set forth in Section 9-343 of the Environment Article, Annotated Code of Maryland, the Clean Water Act provides that:

a. any person who negligently violates Section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under Section 402 of the Act, or in a permit issued under Section 404 of the Act, is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one (1) year, or by both.

b. anypersonwho knowinglyviolates Section 301, 302, 306, 307, 308,318 or405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under Section 402 of the Act, or in a permit issued under Section 404 of the Act, is subject to a fine of not less than $5,000 nor more than $50,000 per day of violation, or by imprisonment for not more than three (3) years, or by both.

c. anyperson who knowingly violates Section 301, 302, 306, 307, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under Section 402 of the Act, or in a permit issued under Section 404 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, is subject to a fine of not more $25,000 or imprisonment of not more than 15 years, or both.

d. any person who knowingly makes any false material statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under the Act or who knowingly falsifies, tampers with or renders inaccurate any monitoring device or-method required to be maintained under the Act, is subject to a fine of not more than $10,000 or by imprisonment for not more than two (2) years, or by both.

17. 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 this permit, or to determine compliance with this permit. The

Permit Number: 02-DP-0187(MD0002399) Page Number: 26 permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit.

18. SIGNATORY REQUIREMENTS All applications, reports, or information submitted to the Director shall be signed and certified as required by 40 CFR 122.22.

19. REOPENER CLAUSE FOR PERMITS 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, 304, and 307 of the Clean Water Act [33 USCS §§ 1311, 1314, 1317] if the effluent standard or limitation so issued or approved:

a. contains different conditions or is otherwise more stringent than any effluent limitation in this permit or

b. controls any pollutant not limited in this permit. This permit, as modified or reissued under this paragraph, shall also contain any other requirements of the Act then applicable.

D. AUTHORITY TO ISSUE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS On September 5, 1974, the Administrator of the U.S. Environmental Protection Agency approved the proposal submitted by the State of Maryland for the operation of a permit program for discharges into navigable waters pursuant to Section 402 of the Clean Water Act, 33 U.S.C. Section 1342.

• Pursuant to the aforementioned approval, this discharge permit is both a State of Maryland discharge permit and a NPDES permit.

This permit and the authorization to discharge shall expire at midnight on the expiration date. The permittee shall not discharge after that date unless a new application has been submitted to the Department in accordance with the renewal application provisions of this permit.

Robert M. Summers, Director Water Management Administration

Permit Number: 02-DP-018 .

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