ML17088A331

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Transmittal of the Kansas Water Pollution Control Permit and Authorization to Discharge Under the National Pollutant Discharge Elimination System
ML17088A331
Person / Time
Site: Wolf Creek Wolf Creek Nuclear Operating Corporation icon.png
Issue date: 03/22/2017
From: Hafenstine C
Wolf Creek
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
I-NE07-PO02, KS0079057, RA 17-0028
Download: ML17088A331 (21)
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'NUCLEAR OPERATING CORPORATION Cynthia R. Hafenstine Manager Regulatory Affairs March 22, 2017 RA 17-0028 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555

Subject:

Docket 50-482: Transmittal of the Kansas Water Pollution Control Permit and Authorization to Discharge under the National Pollutant Discharge Elimination System for Wolf Creek Generating Station To Whom It May Concern:

In accordance with Wolf Creek Generating Station (WCGS) Renewed Facility License No. NPF-42, Appendix B, Section 3.2, the enclosure to this letter provides a copy of the National Pollutant Discharge Elimination System permit for WCGS. This permit is effective March 1, 2017, through February 28, 2022. There are no commitments contained in this correspondence.

If you have any questions concerning this matter, please contact me at (620) 364-4204, or Bill Muilenburg at (620) 364-4186.

sC;dLe~~

Cynthia R. Hafenstine CRH/rlt Enclosure - Permit No. l-NE07-P002 cc: K. M. Kennedy (NRC), w/e B. K. Singal (NRC), w/e N. H. Taylor (NRC), w/e Senior Resident Inspector (NRC), w/e P.O. Box 411 I Burlington, KS 66839 /Phone: (620) 364-8831 An Equal Opportunity Employer M/F/HCNET

Enclosure to RA 17-0028 Kansas Water Pollution Control Permit and Authorization to Discharge under the National Pollutant Discharge Elimination System for Wolf Creek Generating Station (19 Pages)

0 Kansas Permit No.: l-NE07-P002 Federal Permit No.: KS0079057 KANSAS WATER POLLUTION CONTROL PERMIT AND AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Pursuant to the Provisions of Kansas Statutes Annotated 65-164 and 65-165, the Federal Water Pollution Control Act as amended, (33 U.S.C. 1251 et seq.; the "Act"),

Owner: Wolf Creek Nuclear Operating Corporation*

  • Refer to Supplemental Condition No. 15.

Owner's Address: P.O. Box 411 Burlington, Kansas 66839 Facility Name: Wolf Creek Generating Station Facility Location: 1550 Oxen Lane, NE Burlington, Kansas 66839 Receiving Stream: Neosho River.via Wolf Creek via Wolf Creek Cooling lmpoundment (aka - Coffey County Lake), Neosho River Basin is authorized to discharge from the wastewater treatment facility described. herein, in accordance with effluent limitations and monitoring requirements as set forth herein.

This permit is effective March 1, 2017, supersedes the previously issued Water Pollution Control Permit No. l-NE07-P002 and expires February 28. 2022. .** - .

FACILITY DESCRIPTION: The station consists of a pressurized nuclear reactor steam supply system and an electric turbine-generator. The nuclear steam supply system is comprised of a reactor vessel and four primary coolant loops, each with a reactor coolant pump and steam generator. The net turbine generator output is a nominal 1,250 MWe. Wastewater discharge consists of circulating water, radwaste system, service and essential service water discharge via the essential service water discharge. The Wolf Creek cooling impoundment was created to provide source water storage for routine operations to serve as a heat sink for cooling purposes (cooling lake), and was designed to provide an emergency water source to enable a safe emergency shutdown of the nuclear reactor in the event the Wolf Creek Cooling lmpoundment dam were to fail.

Continued on next page Secretary, Kansas Depa(tment of Health and Environment February 22. 2017 Date

Kansas Permit No.: l-NE07-P002 Page 2of19 FACILITY DESCRIPTION: (Continued) 001 X SE% Section 6, Township 21 S, Range 16E: Two cell domestic waste stabilization pond is intermittently discharged on as needed basis into a slough of the Wolf Creek Cooling lmpoundment (WCCI); 1.25 mgd discharge rate when discharging. Latitude: 38.25033; Longitude: -95.68078 002X NE % Section 7, Township 21 S, Range 16E: Stormwater runoff through oil water separator and outfall 002A constituents into.WCCI; 0.070 mgd. Latitude: 38.23584; Longitude: -95.69205 002A During equipment repair or inspection and/or plant outage, oily waste and other power block sumps; miscellaneous leaks and drain down from various systems routed to the power block sumps and/or storm drains; auxiliary boiler and steam generator drain. downs; and groundwater, circulating, service, essenti~I service water, are rerouted through_an oil/water separator.

003X NE% Section 7, Township 21S, Range 16E: Receives circulating water, service water, and discharge from 003A and 0038; oxidation; oil interceptor; 715 mgd. Latitude: 38.24145; Longitude: -95.69279 003A Radioactive wastewater processed through filters, dernineralizers, and RO to the secondary liquid waste monitoring tanks A & 8 and/or A & 8 waste monitoring tanks as batch releases to WCCI; continuous steam generator (S/G) blowdown to WCCI; 0.300 mgd. *** -**

0038 Water treatment plant and wastewater treatment system discharge including: oily waste and other power block sumps; demineralizer regenerate; miscellaneous leaks and draindowns from various system routed to power block sumps; auxiliary boiler and SIG draindowns; groundwater; circulating, service, essential service and (biocide) treated fire protection water reroutes; and presedimentation sludge and neutralized chemical cleaning back washes from RO ar1d electro-deionization (EDI) units; treatment- oil interceptor, neutralization, settling; 0.195 mgd - intermittent 004A NW% Section 29, Township 21S, Range 16E: Intermittent discharge from the Wolf Creek Cooling Impoundment at the main dam; 2.9 mgd. Latitude: 38.19324; Longitude: -95.67654 005A SE% Se.ction 6, Township 218, Range 16E: Lime sludge pond discharge of rerouted wastewater from outfall 0038 when needed, to WCCI - 5.8 mgd.

006A SE % Section 8, Township 21 S, Range 16E: Essential service water system discharge to WCCI during routine operations; disinfection, oxidation; 32.4 mgd. Latitude: 38.23369; Longitude: -95.67456 007X Monitoring Location at the Circulating Water Intake Structure.

OOBX SE % Section 8, Township 21 S, Range 16E: Overflow of earthen settling basins when sediment accumulations are dredged from the Auxiliary Cooling Water Intake Structure. area and from the Ultimate Heat Sink area to maintain hydraulic capacity for emergency facility operations.

Eisenhower Learning Center, NE % Section 35, Township 20S, Range 15E: Three-cell non-overflowing domestic wastewater stabilization lagoon. Latitude: 38.27239; Longitude: -95. 71760 A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS The permittee is authorized to discharge from outfall(s) with serial number(s) as specified in this permit. The effluent limitations shall become effective on the dates specified herein. Such discharges shall be controlled, limited, and monitored by the permittee as specified. There shall be no discharge of floating solids or visible foam in other than trace amounts.

Discharge Monitoring Reports (OM Rs) shall be submitted monthly on or before the 28th day of the following month. In the event no discharge occurs, written notification is still required.

Kansas Permit No.: l-NE07-P002 Page 3of19 A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Continued) 002X - Discharge of Oil Water Separator into Wolf Creek Cooling lmpoundment The permittee is authorized to discharge from the above named outfall in accordance with the conditions as specified herein. The discharge shall not cause a violation of Kansas Surface Water Quality Standards, K.A.R~ 28-16-28b through 28-16-28e. The permittee shall not discharge the following:

a.. oil or grease in concentrations which cause any visible film or sheen to form upon the surface of the receiving water;

b. oil or grease which causes a sludge or emulsion to be depolSited beneath the surface of the receiving water, upon submerged substrate, or upon adjoining shorelines;
c. turbidity or color producing substances causing any change in the natural appearance of the stream or water body;
d. substances in the wastewater which cause objectionable odors in the vicinity of the receiving water;
e. floating debris, scum, foam, froth, or other floating material in other than trace amounts; or
f. materials which create deposits of sludge or fine solids causing aesthetic or environmental concerns downstream of the outfall.

The permittee shall, at a minimum, inspect the outfall and receiving stream(s) quarterly to ensure compliance with the above Water Quality Standards. The permittee shall maintain a log documenting the results of any monitoring or inspeCtions performed and shall provide the log to KDHE staff for review upon request.

Any violation of the above general Water Quality Standards shall be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery, to either the Kansas Department of Health and Environment, Division of Environment at (785) 296-5517 or the appropriate KDHE District Office followed by a letter, within 5 days of discovery, explaining the cause of the water quality violation, the actions taken to correct the violation, and actions taken to prevent recurrence.

EFFLUENT LIMITATIONS MONITORING Effective Date Final Upon Issuance REQUIREMENTS Outfall Number and Monthly Daily Measurement Sample Effluent Parameter(s) Units Average Maximum Frequency !YIN 001XV (EDMR code: EFF001XV) *Two Cell Domestic Wastewater Stabilization Pond Discharge to the Slough(1>

Flow.- MGD Monitor Weekly( 2 ) Estimate Total Suspended Solids- mg/I 80 120 Weekly(2 ) grab 2

BODs- mg/I 30 45 Week1y( > grab E-Coli Bacteria - cfu/100 ml Monitor( 6) Monitor(6) Week1y( 2 > grab pH - Standard Units Monitor Week1y( 2 >. grab

Kansas Permit No.: l-NE07-P002 Page 4of19 A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Continued)

EFFLUENT LIMITATIONS MONITORING Effective Date Final Upon Issuance REQUIREMENTS Outfall Nuniber and Monthly * *. Daily Measurement Sample Effluent Parameter(s) Units Average Maximum Frequency ~

002AV (EDMR code: .EFF002AV) - Oil Water Separ~tor. Discharge Over Wei~ into Culvert (J) and 0038V(EDMR code: WW003BVl-Water andWastewaterTreatment Plant Discharge into Circ. Water System Discharge and 005AV (EDMR code: !-IMOOSAV) - Lime Sludge Pond Discharge to Wolf Creek Cooling lmpoundment Flo,w- mgd Monitor Oaily Weir Total Suspended Solids - mg/I 30 100 Weekly grab Oil and Grease - mg/I 10 15 *Week1y<3 > grab pH "." standard units Between 6.0 and 9.0* Weekly grab

  • The pH limits do not apply to Outfall OOSA 003XV (EDMR code: CWSD003XVl - Circulating Water System Discharge into Wolf Creek Cooling lmpoundment <4 >

Flow- MGD Monitor Daily Estimate Temperature - 0 c Monitor Monitor Weekly sensor Total Residual Oxidant<5> - mg/I 0.2 Daily grab pH - Standard Units Between 6.0 and 9.0 Daily grab 003AV (EDMR code: RADW003AV)- Discharge of Radiation Waste and Steam Generator Slowdown into Circulating Water Flow- MGD Monitor Weekly Estimate Total Suspended Solids- mg/I 30 100 Monthly grab 004A1 (EDMR code: CID004A 1) - Cooling lmpoundment Discharge to Wolf Creek <7> or 004DS (EDMR code: CID004DS) - Dipped Sample. Cooling lmpoundment Discharge to Wolf Creek <7>

Flow- MGD Monitor Week1y< 2> Estimate Temperature - 0 c Monitor Week1y<2> grab pH - Standard Units between 6.0 and 9.0 Month1y<2> grab Whole Effluent Toxicity See Supplemental Condition # 2 Metals (Attachment B) Monitor Annua11y< 2> grab

Kansas Permit No:: 1-NE07-P002 Page 5of19 A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Continued) 006AV (EDMR code: SWD006AV)- Service and Essential Service Water System Discharge through 4

Essential Service Water System Piping into the Ultimate Heat Sink Area of WCCI (B) < >

Flow - MGD Monitor 2/week<2 > Estimate Total Residual Oxidant- mg/I 1.0 2/week<2> *grab pH - Standard Units between 6.0 and 9.0 2/week<2 > grab*

007.XV (EDMR code: INT007XV) - Monitoring Location.at the Circulating Water Intake Structure.

Temperature - °C Monitor Monitor Week1y< 2> sensor 008XV (EDMR Code: SBD001XVl - Settling Basins Discharge During Dredging of Sediment from Ultimate Heat Sink Visual Monitoring only - See Supplemental Condition No. 20 Footnotes:

<1> The two cells of the lagoon system shall be operated in series and the discharge shall be from the final cell only. Sampling for this outfall could also be done approximately 100 feet downstream of the Outfall.

2

<> The first .day of each discharge and at the;stated frequency thereafter during discharge ..

3

<> Outfall 002A monitoring required only when discharges from power block area are rerout.ed into the PAB storm drains or into site oil/water separator. Daily monitoring of oil and grease is required when the discharges from power block sumps are rerouted from outfall 0038 to this outfall.

(4)

Use of any chemical additives including any oxidizing and/or non-oxidizing biocides for invasive mussel control shall be subject to compliance with the Supplemental Condition No. 5.c and 14.

(5)

Total Residual Oxidant (TRO) shall also be monitored in the Service Water System (SWS) when the Circulating Water System (CWS) is not in service and SWS is brominated /chlorinated. During this operational mode the sampling location for TRO shall be moved upstream of the Radwaste System discharge confluence. TRO monitoring is not required if CWS and SWS are not brominated/chlorinated. Supplemental Condition No. 5 is applicable to th*CWS discharge alone and only to the CWS when combined with the SWS. Supplemental Condition~does not apply to the SWS discharge regardless of the operating mode of the cooling systems; however, Supplemental Condition 5.b. is still applicable. All requested information is to be reported in the DMRs.

(6)

Permittee shall notify KDHE - Bureau of Water in writing within 5 days of a lab sample with higher than 2358 cfu /100 ml of E-Coli bacteria.

(7)

If by September 30 of each year the impoundment has not discharged since January 1 of that year, a sample shall be taken from the impoundment near the dam and analyzed for the indicated parameters.

Permittee shall indicate the samples were "dipped" on the monitoring reports.

(8)

The sampling location for 006A shall be at the discharge side of the heat exchanger prior to mixing with ultimate heat sink waters.

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Kansas Permit No.: 1-NE07-P002 Page 6 of 19 B. STANDARD*CONDITIONS In addition to the specified c_onditions stated herein, the permittee shall comply with the attached Standard Conditions dated June 20, 2016.

C. SCHEDULE OF COMPLIANCE

1. Permittee shall meet the requirements of the Clean Water Act Section 316(b) in accordance with the following:
a. Permittee shall submit all information outlined by regulations necessary for KDHE - Bureau of Water to make a determinatipn if the cooling water system is a closed-cycle recirculating system under section 316(b) of the Clean Water Act and 40 CFR Part 125, Subpart J within 6 months of the effective date of the permit.
b. If KDHE determines the cooling water system meets the criteria for a closed-cycle recirculating system, permittee may request a waiver of the submittal requirements under EPA regulations 40 CFR Part 122.21(r)(6)(i), (6)(ii), and (9) through (13). In the event critical habitat or threatened or endangered species are found to be an issue associated with the operation of the cooling impoundment, cooling water supply intake structures on the lake or the Neosho River water intake, any waiver provided above may no longer be granted.
c. If KDHE determines the cooling water system does not meet the criteria for a closed-cycle recirculating system, permittee shall provide KDHE - Bureau of Water information required by 40 CFR Part 122.21 (r)(6)(i), (6)(ii), and (9) through (13) a minimum of 6 months prior to permit expiration.
2. Permittee shall complete the submittal of information and date required by the Clean Water Act section 316(b) associated EPA regulations 40 CFR 122.21(r)(2), (3), (4), (5), (6) [except (6)(i) and (6)(ii)], (7), and (8) and submit the information a minimum of 6 months prior to the expiration date of this permit.

D. ADDITIONAL INFORMATION EPA has promulgated a final rule requiring regulated entities to report DMR data and/or permit applications electronically. Also, KAR 28-16-63 requires permittees to report NPDES information in a form required by KDHE. KDHE has developed electronic reporting tools to assist permittees in

  • complying with the EPA electronic reporting rule and KAR 28-61-63. Unless a waiver has been approved by KDHE, permittees are required to submit reports and/or applications electronically.

Kansas Permit No.: l-NE07-P002 Page 7of19 E. SUPPLEMENTAL CONDITIONS

1. Chronic Whole Effluent Toxicity (WET) testing shall be conducted on the effluent from outfall 004A once in calendar year .2017. If by September 30, 2017, the impoundment has not discharged since January 1, 2017, a sample shall be taken from the impoundment near the dam for analysis. Permittee shall indicate the sample was "dipped" on the monitoring reports.
a. The test procedures shall be in accordance with the EPA document, Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, fourth edition, October 2002, using test organisms Pimephales prome/as (fathead minnow) and Ceriodaphnia dubia (water flea) within a dilution series of 0, 25, 50, 75, and 100% effluent. KDHE reserves the right to increase or decrease testing frequency based upon compliance history and toxicity testing results.

(1) The permittee shall submit to KDHE a copy of the test report within five days of receipt of the information. KDHE reserves the right to require the permittee to take such actions as are reasonable to identify and remedy any identified or predicted toxic conditions in the receiving stream outside of the mixing zone which is caused by the permittee's effluent.

(2) Permittee shall coordinate sampling for this test with other monitoring requirements of this permit and may use the test results to satisfy this and other corresponding testing requirements. The permittee shall use a laboratory approved by KDHE for Whole Effluent Toxicity testing.

2. There shall be no discharge of polychlorinated biphenyl compounds.
3. All samples and flow. measurements required for permit monitoring shall be taken on the same day except for miscellaneous discharges related to storm water runoff, oil storage area runoff, etc.
4. Miscellaneous discharges related to runoff are regulated by Water Quality Criteria. Runoff contained in the oil storage dike area(s) shall be visually inspected to determine if removal of oil and grease is necessary prior to discharge.
5. Except as provided in the subparagraphs "b" and "c" below:

a Total residual oxidant may not be discharged from any single generating unit for more than two hours per day unless the discharger demonstrates to KDHE that discharge for more than two hours is required for macroinvertebrate control. Simultaneous multi-unit oxidation is permitted. Multi-unit oxidation must be designated in the monitoring reports.

b A waiver of the total residual oxidant discharge time limit and an increase in the categorical concentration is provided for the service water and essential service water systems.

c Periodic oxidizing or non-oxidizing biocides treatment for invasive mussel control is permitted in accordance with a KDHE approved invasive mussel control program.

Kansas Permit No.: l-NE07-P002 Page 8of19 E. SUPPLEMENTAL CONDITIONS(Continued)

6. All radioactive components of the discharge are regulated solely by the U.S. Nuclear Regulatory Commission (('.JRC) under the requirements of the Atomic Energy Act and not by either the Environmental Protection Agency (EPA) under the Clean Water Act or.the Kansas Department of Health and Environment under Kansas Water Pollution Control Regulations and Statutes.
7. The permittee shal! develop and implement an oxidation schedule indicating the time, dosage and duration of applications for each unit. The records shall be maintained and made available for review upon KDHE or EPA request.
8. 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 Ac( if the effluent standard or limitation so issued or approve~:
a. Contains different conditions or is otherwise more stringent than any effluent limitation in the permit, or
b. Controls 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.

9. In the event the Environmental Protection Agency amends or promulgates the BPT, BAT and/or BCT effluent guideline limitations for a specific Point Source Category or any of the subcategories covering your industry, this permit will be revoked and reissued to incorporate the new limitation(s).
10. There shall be no discharge from the Eisenhower Learning Center waste stabilization lagoon system. Only domestic waste shall be directed to this lagoon system. The following requirements are applicable to all earthen lagoons:
a. All wastewater lagoons shall maintain a minimum of two feet of freeboard. The permittee shall measure and record weekly the depth of water in each wastewater treatment lagoon from the lowest point of overflow. A written log of all such measurements shall be maintained on site and be made available to KDHE personnel in accordance with Standard Condition No. 12 of this permit.
b. Permittee shall not change operations so as to introduce into the lagoons chemicals, cleaners, or any hazardous waste, not specifically identified in the permit application or specifically approved by KDHE.
c. Any solid waste and sludge generated from the lagoon, if disposed of in a landfill shall be in accordance with the requirements of the KDHE, Bureau of Waste Management. Land application of lagoon sludges shall be in accordance with a plan approved by KDHE.

Bureau of Water.

d. All vegetation on the dikes and at the water's edge shall be properly maintained by regular mowing of grass and removal of cattails and woody vegetation.

Kansas Permit No.: l-NE07-P002 Page 9of19 E. SUPPLEMENTAL CONDITIONS(Continued)

e. The permittee shall prepare an alternate plan for emergency disposal of lagoon wastewater which shall be implemented whenever the required freeboard is not maintained.

f The wastewater treatment plant shall be under the supervision of an operator who has been certified or is in the process of obtaining certification under KS.A. 65-4501 et seq.

11. A report addressing the disposal of metal. cleaning wastes is to be submitted to KDHE for approval at least 10 .days or as soon as reasonably practicable before implementing metal chemical cleaning activities. Approval from the Department is required before chemical cleaning waste and wastewater can be disposed. Metal cleaning wastes are defined to be wastes derived from chemical. cleaning of any metal process equipment, including boiler fireside cleaning and air preheater cleaning.
12. Changes in Discharges of Pollutant Substances The permittee shall notify the Department as soon as it knows or has reason to believe:
a. That any activity has occurred or will occur which wo.uld result in the discharge on a routine or frequent basis, of any pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels":

(1) One hundred micrograms per liter (100 ug/I);

(2) Two hundred micrograms per liter (200 ug/I) for acrolein and acrylonitrile;* five hundred micrograms per liter (500 ug/I) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/I) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application.

b. That any activity has occurred or will occur which result in any discharge, on a non-routine or infrequent basis, of a pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels":

(1) Five hundred micrograms per liter (500 ug/I);

(2) One milligram per liter (1 mg/I) for antimony; (3) Ten (10) times. the maximum concentration value reported for that pollutant in the permit application.

13. Toxic Substances - Water Treatment Additives. If the permittee utilizes or changes water treatment additives:
  • a. After the mixing zone provided by Kansas Water Quality Standards, the discharge of water treatment additives shall not be harmful to human, animal or plant life uses in the receiving water.

Kansas Permit No.: l-NE07-P002 Page 10of19 E. SUPPLEMENTAL CONDITIONS(Continued)

b. The permittee shall keep an ongoing log of the water treatment chemicals used, their potential concentration in the facility discharge, and the associated toxicity data for each chemical. A sample chemical additives evaluation log can be obtained from KDHE.
c. The permittee shall provide KDHE, upon request, toxicity tests and/or a chemical additives evaluation log the permittee u_ses to determine if the requirements in the paragraphs above are bei11g achieved .. In the e.~ent the data indicate the requirements in the paragraphs above are not achieved, KDHE reserves the right to amend the facility's NPDES permit to specify additional terms and conditions for toxic substances.
14. Kansas Surface W~ter Quality Standards will be enforced in Wolf Creek at the point of discharge from th.e Wolf Cre.ek Cooling lmpoundment to Wolf Creek. Discharges to waters of the State shall be guided by the current state surface water quality standards, K.A.R. 28-16-28b et seq.
15. Wolf Creek Nuclear Operation Corporation (WCNOC), a Delaware corporation, is the agent for Kansas Gas and Electric Co., Kansas City Power and Light Co .. and Kansas Electric Power
  • Cooperative, Inc. The referenced companies shall, in accordance with their Wolf Creek Generating Station Operating Agreement (dated April 15, 1986), be severally liable (in proportion with their ownership shares of the plant) for compliance with the terms and conditions stated in the permit and applicable laws. *
16. When the flow through Outfall 006 consists solely of service water from the Service Water System diverted to the Essential Service Water System (either than flows recirculated directly from the Wolf Creek Cooling lmpoundment), a sample collected from the Service Water System shall be considered representative of Outfall 006 for purposes of monitoring required by this permit.
17. The permittee shall maintain, modify, and implement the existing storm water pollution prevention plan (Plan) in accordance with ATTACHMENT A A copy of the SWP3 shall be kept on site and be available for KDHE or EPA inspection upon request. *
18. Discharge of industrial stormwater (as defined in 40 CFR part 122.26 (b)(14)) from the facility, except for stormwater associated with construction activity disturbing 1 acre or more of soil, is authorized under this permit. Such discharges shall be in compliance with the Kansas Surface Water Quality Standards (KAR 28-16-28) and in conformance with the facility stormwater pollution prevention plan developed in accordance with ATTACHMENT A.
19. Permittee has conducted and submitted impingement and entrainment data for the cooling water intake structure(s) to KDHE. As a result of judicial review and the remand of several key provisions of the Clean Water Act 316(b) Phase II cooling water intake regulations, EPA suspended on July9, 2007 Phase II regulations in 40 CFR Parts 122 and 125. EPA has initiated a new Phase II rulemaking. Upon promulgation of final regulations by EPA, this permit will be reopened to incorporate the provisions of the new regulations.

l __ _

Kansas Permit No.: l-NE07-P002 Page 11of19 E. SUPPLEMENTAL CONDITIONS(Continued)

20. Permittee periodically dredges sediment accumulations from the lake bottom leading to the auxiliary intake structure and from the ultimate heat sink into a series of settling basins to maintain detention cap!acity for emergency cooling water use. After settling of dredged sediment, overflow from the settling basins flows back into the lake via outfall 008X1. Prior to dredging, permittee shall provide a report on the status of the settling basins and evaluate jf adequate capac.ity exists to aUow settling of the expected ~mounts of dredged solids. If adequate capacity is not available, the plan shall include removal of sediment from the settling basins or construction of additional basins. The removal of the sediment from the settling basins and the location where utilized or disposed shall be included in the settling basin status report. Plans and specifications need KDHE approval prior to construction of additional basins.
21. Permittee shall develop and submit to l:<DHE by September 1, 2017 a plan, as recommended in a June 9, 2014 KDHE letter, for fire protection pumping and storage that either does not directly utilize Coffey County Lake water or provides zebra mussel treatment of the fire protection water that does not require constant zebra mussel control chemicals to be applied across the pump screens.
22. Nothing in this permit authorizes the take, as defined at 16 U.S.C. 1532(19), of threatened or endangered species- of fish or wildlife. Such take is prohibited under the Endangered Species Act unless it is exempted pursuant to 16 U.S.C. 1536(0) or permitted pursuant to 16 U.S.C.

1539(a). Absent such exemption or permit, any facility operating under the authority of this.

regulation must not take threatened or endangered species.

Kansas Permit No.: l-NE07-P002 Page 12of19 ATTACHMENT A*

STORMWATER POLLUTION PREVENTION PLAN REOUIREMENTS AND GUIDELINES The Storm.water Pollution Prevention (SWP2) plan shall be specific t<;> the industrial activities and site characteristics occurring at the location described in this permit. The permittee shall fully implement the provisions of the SWP2 plan required under this permit as a condition of this permit The purpose of the SWP2 plan is to ensure the design, implementation, management, and maintenance of Best Management Practices (BMPs} in order to reduce the amount of pollutants in storm.water discharges associated with the. industrial activities at the facility. The SWP2 plan shall evaluate BMPs from each of three major classes: managerial/administrative; structural controls and non-structural controls.

As guidance, the permittee shall evaluate, select, install, utilize, operate and maintain the BMPs in accordance with best professional judgment, generally accepted and scientifically defensible guidance, and the concepts and methods described in Environmental Protection Agency (EPA) document number EPA 833-B-09-002, entitled Developing Your Stormwater Pollution Prevention Plan, a Guide for Industrial Operators, published in February, 2009 1 and the U.S. EPA National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activities (MSGP); as modified effective May 27, 2009, and subsequent modifications.

The SWP2 plan and any amendments shall be developed by an individual knowledgeable in storm.water management and control and familiar with the site characteristics of the facility. Due to technical and site specific requirements in developing a SWP2 plan, KDHE highly encourages and recommends that the SWP2 plan and any amendments be prepared by, or under the supervision of a Kansas licensed professional engineer: The SWP2 plan shall be reviewed and re-certified for compliance with accepted standards for storm.water pollution prevention at least once every five years. If KDHE determines the SWP2 plan to be inadequate KDHE,

  • reserves the right to require the permittee to obtain the services of a qualified consultant to correct any deficiencies in the SWP2 plan. The SWP2 plan shall contain, at a minimum, the following items:
1. Pollution Prevention Team - Specific individuals or positions shall be identified within the facility organization as members of a Storm.water Pollution Prevention Team who are responsible for developing, implementing, maintaining and revising the SWP2 plan. Each member's responsibilities shall be clearly identified in the SWP2 plan. The activities and responsibilities of the team shall address all aspects of the facility's SWP2 plan. .
2. Description of Potential Pollutant Sources - pollutant sources which may reasonably be expected to add significant amounts of pollutants* to the storm.water discharge shall be described. The description shall include, at a minimum:
a. Site Map - a site map identifying the following: the outline of drainage area(s) for each storm.water outfall; the location of significant materials exposed to precipit;ltion; storage tanks; scrap yards and general refuse areas; fuel storage and distribution areas; vehicle and equipment maintenance and storage areas; loading/unloading areas; waste treatment, storage or disposal areas; short.and long term material storage areas (including but not limited to: supplies, construction materials, plant equipment, oils, fuels, used and unused solvents, cleaning materials, paint, water treatment cheniicals, fertilizers, and

'pesticides); landfills; construction sites; stock piles; major spills or leaks; surface water bodies and existing structural control measures to reduce pollutants in storm.water runoff (such as bermed areas, grassy swales, etc.).

b. Inventory of Exposed Materials - a narrative description of significant' materials handled, treated, stored, leaked, spilled or disposed of in a manner to allow exposure to storm.water within the period starting three years prior to the date of this permit; existing structural and nonstructural control measures to reduce pollutants in stormwater runoff; and any treatment the stormwater receives. A* list of significant spills and leaks of toxic/hazardous materials in exposed areas shall be maintained and kept updated.
c. Sampling Data - a summary of existing sampling data, if available.
d. Risk Identification and Summary of Potential Pollutant Sources - A narrative description of the potential pollutant sources and pollutant parameter of concern shall be identified.

1 The EPA Manual entitled Developing Your Storm water Pollution Prevention Plan, a Guide.for Industrial Operators, published in February,

  • 2009; and the U.S. EPA National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activities (MSGP); as modified effective May 27, 2009 are available online at:

htt;p://cfpub.fIDagov/npdes/stonnwater/msgp.cfm#msgp2008 swpJ>_p. Additional guidance documents are available on-line at:

htt;p://cfpub.fIDa.gov/npdes/stormwater/indust.cfm or htt;p://nei>is.fIDagov/ or the KDHE website: http://kdheks.gov/stormwater.

SWP2 Plan Requiren;ients and Guidelines - Febrqary 9, 2012

Kansas Permit No.: l-NE07-P002 Page 13of19

3. Measures and Controls - A description of storm.water management controls appropriate for the facility which addresses the following minimum components, including a schedule for implementing such controls to the extent practical:
a. Good housekeeping requiring the maintenance of areas in a clean, orderly manner including handling and storage areas (exposed to precipitation) for raw metals, scrap metals, fuels, paints and other process areas.
b. Preventive Maintenance - Including timely inspection and maintenance of storm.water management devices, like oil water separators, catch basins, etc.
c. Spill Prevention and Response Procedures - Appropriate material handling procedure, storage requirements, use of equipment such as diversion valves, and procedures for cleaning up spills should be identified. Availability of the necessary equipment to implement a clean-up should be addressed. The following areas should be addressed:

(1) Metal fabrication and finishing areas - include measures for maintaining clean, dry, orderly conditions and use of dry clean-up techniques; * *

(2) Receiving, Unloading and Storage Areas and Raw Material Storage Areas - include measures to prevent spills & leaks; easy access* for spill clean-up; quick and correct identification of materials; and train employees on clean-up techniques.

(3) Storage of Equipment - include procedures for proper clean-up .and/or covering* of equipment before storing outdoors.

(4) Storage of Metal Working FluidS - measJll'es to identify proper controls.

(5) Cleaners and Rinse Water - include measures to control spills, build-up and disbursement of sand from sand blasting, and use of less toxic cleaners.

(6) Lubricating Oils and Hydraulic Fluids - include procedures for using detecting and control devices to reduce, prevent, and contain leaks and overflows.

(7) Chemical Storage Areas - include a program to inspect containers, and identify proper disposal and spill controls to prevent storm.water contamination.

d. Inspections: Identificatio~ of qualified facility personnel to inspect, at appropriate intervals, designated storage areas for raw metal, finished product, materials and chemicals, recycling, equipment, paint, fueling and maintenance; and loading, unloading, and waste management areas. A set of tracking or follow-up procedures shall be used to ensure that appropriate actions are taken in response to the inspections. Records of inspections shall be maintained on-site for at least three years after the date of the inspection.
e. Employee Training: Employee training programs to inform personnel responsible for implementing activities identified in the SWP2 plan or otherwise responsible for stormwater management, at all levels of responsibility, of the components and goals of the SWP2 plan. The SWP2 plan shall provide for training existing and new staff.
f. Record keeping and Internal Reporting Procedures: A log, along with other information, needs to be developed and maintained to document a description of incidents (i.e., spills or other discharges) that may impact the quality and quantity of storm.water discharges. Reporting procedures, inspections and maintenance activities shall be developed and included in the SWP2 plan. .
g. Non-storm.water Discharges - The SWP2 plan must identify all unauthorized, non-storm.water (dry weather) discharges directed to surface or groundwater. KDHE shall be notified of all unauthorized discharge(s) within 5 days, and identify and ensure the implementation of appropriate pollution prevention measures for the dry weather flow component(s) of the discharge. A list of authorized non-stormwater discharges is contained in the Kansas Water Pollution Control (KWPC)

General Permit for Stormwater Runofffrom Industrial Activities2*

  • h. Sediment and Erosion Control: Measures to minimize erosion in areas which, due to topography, activities, or other factors, have a high potential for signific~t soil erosion. At a minimum consider structural, vegetative, and/or stabilization measures to limit erosion. Must include measures to minimize erosion related to the high volume of traffic from heavy equipment for delivery to and. from the facility and for equipment operating at the facility on a daily basis such as forklifts, cranes etc.

2 The KWPC General Permit for Stormwater Runoff from Industrial Activities issued November 1, 2011 is available online at:

http://www.kdheks.gov/stormwater/download/KDHE Complete SW Ind GP Signed 20I1-11-01.pdf.

SWP2 Pla,i Requirements and Guidelines - February 9, 2012

Kansas Permit No.: l-NE07-P002 Page 14of19

i. Management of Runoff: Describe existing and/or proposed storm.water management practices (practices other than those which control the generation or source(s) of pollutants) to divert, infiltrate, reuse .or otherwise manage stor,mwater runoff in a manner that reduces pollutants in storm.water discharges from the site. The pollutant sources at the facility identified in Item 2 above, Description of Potential Pollutant Sources, with potential to contribute pollutants to stormwater discharges associated with industrial activity shall be considered when determining reasonable and appropriate measures to implement.
4. Comprehensive Site Compliance Evaluation - Qualified personnel shall conduct site compliance evaluations at least once a year. Such evaluations shall provide for:
a. Visual inspection of areas contributing to a stormwater. discharge associated with industrial activity for evidence of, or the

. potential for, pollutants entering the drainage system. Evaluation of measmes to reduce pollutant loadings to determine whether they are adequate and properly implemented in accordance with the terms of the permit or whether additional control measures are needed. A visual evaluation of equipment needed to implement .the plan, such as spill response equipment and containment drums, shall be made to determine it is functioning properly and drums are not corroded.

b. A report summarizing the scope of the evaluation, persomiel making the evaluation, the date(s) of the evaluation, major observations relating to the implementation of the SWP2 plan, and any actions taken shall be made and retained as part of the SWP2 plan.
c. The report shall include resolution to any incident of non-compliance determined from the comprehensive site evaluation within 90 days.

If the comprehensive site evaluation does not identify any incidents of non-compliance, the report shall include a statement that the facility ii; in compliance with the SWP2 plan and the conditions of this permit.

5. Monitoring and Record Keeping Requirements..
a. Visual Examination of Stormwater Quality: The permittee shall periodically perform and document a visual examination of a stormwater discharge associated with industrial activity from each identified stormwater outfall. Visual examination reports shall be maintained on-site and be made available for KDHE & EPA inspection upon request. Each report shall include the date and time, name of ~e person perfo~g examination, nature of discharge (runoff or snow melt), visual quality of the discharge (i.e., color, odor, clarity, floating solids, suspended solids, foam, oil sheen, and other indicator$ of stormwater pollution) and probable sources of any observed contamination.
b. Records of all stormwater monitoring data3, unless otherwise indicated in this permit, shall be kept on file for three (3) years.
6. The SWP2 plan shall be re-evaluated and modified in a timely manner, but in no case more than 90 days after:
a. 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
b. the permittee's inspections (including the regular comprehensive site compliance evaluation required herein) indicate deficiencies in the SWP2 plan or anyBMP; or
c. a visual inspection of contributing areas or a visual inspection of the stormwater discharges or monitoring of the stormwater discharges indicate the plan appears to be ineffective in eliminating or significantly minimizing pollutants from sources identified in the plan.
d. Written notification from KDHE or EPA determining the site best management practices are or will not be effective in eliminating or minimizing pollutants in the stormwater discharges.

3 For sampling methods and procedures please refer to Industrial Stormwater Monitoring and Sampling Guide, EPA 832-B-09-003, March 2009 Final Draft available online at: htq>://cfpub.epa.gov/npdes/stormwater/msgp.cfm#msgp2008 swpp.

. SWP2 Plan Requirements iµid Guidelines - February 9, 2012

Kansas Permit No.: l-NE07-P002 Page 15of19 ATTACHMENT B Total recoverable metals analysis shall utilize EPA's analytical method 200.7 Rev. 4.4 as prescribed by 40 CFR 136. In lieu of EPA 200. 7 Rev. 4.4, an alternate method may be utilized. However, the alternate method shall, at minimmn, test for the metals listed below where the method detection limit is less than or equal to the quantitative values indicated.

Quantjtative Values ANALYTICAL PARAMETER CASNUMBER (µ.g/l or ppb) antimony, total 7440-36-0 6.0 arsenic, total 7440-38-2 10.0 beryllimn, total 7440-41-7 4.0 cadmimn, total 7440-43-9 3.0 chromimn, total 7440-47-3 10.0 copper, total 7440-50-8 10.0 lead, total 7439-92-1 5.0.

mercury, total 7439-97-6 0.5 nickel, total 7440-02-0 10.0 selenimn, total 7782-49-2 5.0 silver, total 7440-22-4 10.0 thallimn, total 7440-28-0 2.0 zinc, total 7440-66-6 20.0

STANDARD CONDITIONS FOR KANSAS WATER POLLUTION CONTROL AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMITS

1. Representative Sampling and Discharge Monitoring Report Submittals:

A. Samples and measurements taken as required herein shall be representative of the quality and quantity of the monitored discharge. Test results shall be recorded for the day the samples were taken. If sampling for a parameter was con,ducted across more than one calendar day, the test results may be recorded for the day sampling was started or ended. An samples shall be taken, at the locations *.designated in this permit, and unless specified, at the outfaWmonitoring loc.ation(s) before the wastewater joins or is dilut~d by any other water or substance.

B. Monitoring res1dts ~hall be recorded and reported on forms' acceptable to the Division and submitted no later than the 28th day of the month following the completed reporting period. Signed and certified copies of other reports, required herein, prepared in accordance with KAR 28-16-59, may be faxed to 785.296.0086, e-mailed as scanned attachments to dmr4kdhe@kdheks.gov , or sent by U.S. mail to:

Kansas Department of Health & Environment Bureau of Water-Technicai Services Section 1000 SW Jackson Street, Suite 420 Topeka, KS 66612-1367

2. Definitions:

A. .Unless otherwise specifically defined in this permit, the following definitions apply:

I. The "Daily Maximum" is the total discharge by weight or average concentration, measurement taken, or v!ilue calculated during a 24-hour period. The parameter, pH, is limited as a range between and inc~uding the values shown.

2. The "Weekly Average" is the arithmetic mean of the value of test results from samples collected, measurements taken or values calculated during four monitoring periods in each month consisting of calendar days 1-7, 8-14, 15-21 ru;i.d 22 through the end of the month~
3. The "Monthly Averagei', other th3n for E. coli bacteria, is the arithmetic mean of the value of test results from samples collected, measurements taken or values calculated during a calendar month. The monthly average is determined by the summation of all calqulated values or measured test results divided by the number of calculated values or test results reported for that parameter during the calendar month. The monthly average for E. coli bacteria is the geometric average of the value of the test results from samples collected in a calendar month. The geometric average can be calculated by using a scientific calculator to multiply all the E. coli test results together and then taking the nth root of the product where n is the number oftest results. Non-detect values shall be reported using the less than symbol(<) and the minimum detection or reportable value. To calculate average values, non-detects shall be defaulted to zero (or one for geometric averages). Greater than values shall be reported using the greater than symbol(>) and the reported value.

To calculate average values, the greater than reported value shall be used in the averaging calculation.

B. A "grab sample" is an individual sample collected in less than 15 minutes. A "composite sample" is a combination of individual samples in which the volume of each individual sample is proportional to the flow, or the sample frequency is proportioned to the flow rate over the sample period, or the sample frequency is proportional to time.

C. The terms "Director", "Division", and "Department" refer to the Director, Division of Environment, Kansas Department of Health and Environment, respectively.

D. "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and pennanent loss of natural resources which can reasonably be expected to occur in the absence of an in-plant diversion. Severe property damage does not mean economic loss caused by delays in production.

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

Standard Conditions - Effective June 20, 2016 Page 16of19

3. Schedwe of Compliance: No later than 14 calendar days following each date identified in the "Schedule of Compliance,"

the permittee shall submit via mail, e-mail-or fax per paragraph 1.B above, either a report of progress or, in the case of specific action being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirements, or, if there are no more scheduled requirements; when such noncompliance will be corrected.

4. Test Procedures: All analyses required by this permit shall conform to the requirements of 40 CFR Part 136, unless otherwise specified, and shall be conducted in a laboratory accredited by the Department. For each measurement or sample, the permittee shall record the exact place, date, and time of measuring/sampling; the date and time of the analyses, the analytical techniques or methods used, minimum detection or reportable level, and the individual(s) who performed the meas1¢ng/sampling and analysis and, the results. If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved procedures, the results shall be included in the Discharge Monitoring Report form required in l .B. above. Such increased :frequencies shall also be indicated.
5. Change in Discharge: All discharges authorized herein shall.be consistent with the permit requirements. The discharge of any pollutant not authorized by this permit or of any pollutant identified in this permit more freqµently than or at a level in excess of that authorized shall constitute a violation of this permit. Any anticipated facility expansions, production or flow increases, or production or ~astewater treatment system modifications whi.ch result in a new, different, or mcreased discharge of pollutants shall be reported to the Divisio~ at least one hundred eighty (180) days before such change.
6. Facilities Operation: The permittee shall at all times properly operate and maintain all facilities and systems of treatment and .control (and related. appurtenances) which are installed or used by the permittee to achieve compliance with the requirements of this permit and Kansas and Federal faw. Proper operation and maintenance also include 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 whe;n. the operation is necessary to achieve compliance with the requirements of this permit. The permittee shall take all necessary steps to minimize or prevent any adve~e impact to human health or the environment resulting from noncompliance with any effluent limits specified in this permit, including such accelerated or additional monitoring as necessary to determine $e nature and impact of the noncomplying discharge. When necessary to maintain compliance with the permit requirements, the permittee shall halt or reduce those activities under its control which generate wastewater routed to this facility.
7. Incid~nts:

"Collection System Diversion" means the diversion of wastewater from any portion of the collection system. *

"fa-Plant Diversion" means routing the wastewater around any treatment unit in. the treatment facility through which it would normally flow. *

"In-Plant Flow Through" mean8 an incident in which tlie wastewater continues to be l'outed through the equipment even though full treatment is not being accomplished because of equipment failure for any reason.

"Spill" means any discharge of wastewater, sludge or other materials from the treatment facility other than effluent or as more specifically described by other "Incidents" terms.

"Upset" means an exceptional incident in which there is unintentional and temporary noncompliance or anticipated noncompliance with permit effluent limits because of factors beyond the reasonable control of the permittee, as described by 40 C.F.R 122.41(n). .

8. Diversions not Exceeding Limits: The permittee may allow any diversion to occur which does not cause effluent limits to be exceeded; but only if it also is for essential maintenance to assure efficient operation. Such diversions are not subject to the Incident Reporting requirements shown below.
9. Prohibition of an In-Plant Diversion: Any in-plant diversion from facilities necessary to maintain compliance with this permit is prohibited, except: (a) where the in-plant diversion was unavoidable to prevent loss of life, personal injury, or severe property damage; (b) where there were no feasible alternatives to the in-plant diversion, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime and (c) the permittee submitted a notice as required in the Incident Reporting paragraph below. The Director may approve an anticipated in-plant diversion, after consideriD.g its adverse effects, if the Director determines that it will meet the three conditions listed above.

Standard Conditions - Effective June 20, 2016 Page 17of19

' . 'i.

10. Incident Reporting: The permittee shall report any unanticipated collection system diversion, in-plant diversion, in-plant flow through occurrences, spill, upset or any violation of a permitted daily maximum limit within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> from the time.

the permittee became aware of the incident. A written submission shall be provided within 5 days of the time the permittee became aware of the incident. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times; and if the noncompliance has not been corrected, the anticipated time it is expected fo continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. An Incident Report form is available at www.kdheks.gov/water/tech.html.

For an anticipated incident or any planned changes or activities in the permitted facility that may result in noncompliance with the permit requirements, the permittee shall submit written notice, if possible, at least ten days before the date of the event.

For other noncompliance, the above information shall be provided with the next Discharge Monitoring Report.

11. Removed Substances: Solids, sludges, filter backwash, or other pollutants removed in the course of treatment of water shall be utilized or disposed of in a manner acceptable to the Division.
12. Power Failures: The permittee shall provide an alternative power source sufficient to operate the wastewater control facilities or otherwise control pollution and all discharges upon the loss of the primary source of power to the wastewater control facilities.
13. Right of Entry: The permittee shall allow authorized representatives of the Division of Environment or the Environmental Protection Agency upon the presentation of credentials, to enter upon the permittee's premises where an effluent source is located, or in which are located any records required by this permit, and at reasonable times, to have access to and copy any records required by this permit, to inspect any facilities, monitoring equipment or monitoring method required in this permit, and to sample anyinfluents to, discharges from or materials in the wastewater facilities.
14. Transfer of Ownership: The permittee shall notify the succeeding owner or controlling person of the existence of this permit by certified letter, a copy of which shall be forwarded to the Division. The succeeding owner shall secure a new permit. This permit is not transferable to any person except after notice and approval by the Director. The Director may require modificationor revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be ne.cessary. *
15. . Records Retention: Unless otherwise specified, all records and information resulting from the monitoring activities required by this permit, including all records of analyses and calibration and maintenance of instruments and recordings from continuous monitoring instruments, shall be retained for a minimum of3 years, or longer if requested by the.Division.

Biosolids/sludge records and information are required to be kept for a minimum of 5 years, or longer if requested by the Division.

  • Groundwater monitoring data, including background samples results, shall be kept for the life of the facility regardless of ownership.
16. Availability of Records: Except for data determined to be confidential under 33 USC Section 1318, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Department. Effluent data shall not be considered confidential. Knowingly making any false statement on any such report or tampering with equipment to falsify data may result in the imposition of criminal penalties as provided for in 33 USC Section 1319 and KSA 65- l 70c.
17. Permit Modifications and Terminations: As provided by KAR 28-16-62, after notice and opportunity for a hearing, this pern;rit may be modified, suspended or revoked or terminated in whole or in part during its term for cause as provided, but not limited to those set forth inKAR28-16-62 andKAR28-16-28b through g. The permittee shall furnish to the Director, within a reasonable amount of 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 permittee shall also furnish upon request, copies of all records required to be kept by this permit. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.
18. Toxic Pollutants: Notwithstanding paragraph 17 above, if a toxic effluent standard or prohibition (including any schedule Standard Conditions - Effective June 20, 2016 Page 18 of19

of compliance specified at such effluent standards) is established under 33 USC Section 13 l 7(a) for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition. Nothing in this permit relieves the permittee from complying with federal toxic effluent standards as promulgated pursuant to 33 USC Section 1317.

19. Admillistrative, Civil and Criminal Liability:. The permittee shall comply with all requirements of this permit. Except as authorized in paragraph 9 above, nothing in this permit shall be construed to relieve the permittee from administrative, civil or criminal penalties for noncompliance as provided for inKSA 65-161 et seq., and 33 USC Section 1319.
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 to under 33 USC Section 1321 or KSA 65-164 ~ m. A municipal permittee shall promptly notify the Division by telephone upon discovering crude oil or. any petroleum derivative in its sewer system or wastewater treatment facilities.
21. Industrial Users: A municipal permittee shall require any industrial user of the treatment works to comply with 33 USC Section 1317, 1318 and any industrial user of storm sewers to comply with 33 USC Section 1308.
22. 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 iirl'ringements c:if or violation of federal, state or local laws or regulatiorui.
23. Operator Certification: The permittee shall, if required, ensure the wastewater facilities are under the superVision of an operator certified by the Department. If the petmittee does not have a certified operator or loses its certified operator, appropriate steps shall be taken to obtain a certified operator as required by KAR 28-16-30 ~ ~*
24. Severability: The provisions of this permit are severable. If any provision of this permit or any circumstance is held invalid, the application of such provision to other circumstances and the remafuder of the permit shall not be affected thereby.
25. Removal from Service: The permittee shall inform the Division at least three months before a pumping station, treatment unit, or any other part of the treatment facility permitted by this permit is to be removed from service and shall make arrangements* acceptable to the Division to decommission the facility or part of the facility being removed from service such that the public health and waters of the state are protected.
26. Duty to Reapply: A permit holder wishing to continue any activity regulated by this permit after the expiration date, must apply for a new permit at least 180 days prior to expiration of the permit. *
  • Standard Conditions - Effective June 20, 2016 Page 19of19
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