ML17321A937

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Forwards NPDES Permit Mi 0005827,issued by State of Mi
ML17321A937
Person / Time
Site: Cook  American Electric Power icon.png
Issue date: 10/24/1985
From: Alexich M
INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG
To: Harold Denton
Office of Nuclear Reactor Regulation
References
AEP:NRC:0170B, AEP:NRC:170B, NUDOCS 8511010118
Download: ML17321A937 (26)


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ON UR;8 11010118 DUC,DATE: 85/10/24 NOTARI ED; NO DOCKE

¹ FACIL:50-315 Donald C,

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05000316 AUTH INANE AUTHOR AFFILIATION ALEXICH~M,P~

Indiana L Michigan Electric Co.

RECIP ~ NAt1E.

RECIPIENT AFFILIATION DENTONiH,Ri.

Office of Nuclear Reactor Regulationi Director

SUBJECT:

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INDIANA8 NICHIGAN ELECTRIC CONPANY P.O. BOX 16631 COLUMBUS, OHIO 43216 October 24,"1985 AEP:NRC:0170B Donald C. Cook Nuclear Plant Unit Nos.

1 and 2

Docket Nos.

50-315 and 50-316 License Nos.

DPR-58 and DPR-74 NATIONAL POLLUTANT DISCHARGE ELIMINATIONSYSTEM (NPDES)

PERMIT Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.

20555

Dear Mr. Denton:

In accordance with Appendix B (Environmental Protection Plan) of the Donald C.

Cook Nuclear Plant Unit Nos.

1 and 2 Technical Specifications, attached is a copy of the D. C. Cook NPDES permit No. MI 0005827 issued by the State of Michigan dated October 4, 1985.

This permit was effective upon the date of issuance and supersedes all other permits previously issued for the facility.

This document has been prepared following Corporate procedures which incorporate a reasonable set of controls to insure its accuracy and completeness prior to signature by the undersigned.

Very truly yours, M. P. Al xich %~

Vice President cc:

John E. Dolan W. G. Smith, Jr. - Bridgman R. C. Callen G. Bruchmann G. Charnoff NRC Resident Inspector - Bridgman 85iiOiOii8 85iO24 PDR ADOCK 0500D315 p 'DR

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I DONALD C.

COOK NUCLEAR PLANT ATTACHMENT TO AEP:NRC:0170B

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I STATE OF MICHIGAN t Attachment to AEPTNRCT0170B NATURALAESOURCES COMMISSION THOMAS J. ANDERSON MARLENEJ. FLUHARTY STEPHEN V. MONSMA O. STEWART MYERS OAVIO O. OLSON RAYMONO POUPORE HARRY H. WHITELEY JAMES J. BLANCHARD,Governor DEPARTMENT OF NATURALRESOURCES STEVENS T. MASON BUILOING BOX 30028 LANSING, MI 48909 AONALOO. SKOOG, OireCIO<

October 4, 1985 CERTIFIED MAIL Indiana

& Michigan Electric Company One Summit Square P.O.

Box 60 Fort Wayne, Indiana 46802 EINVIRG";~IM=-NTAI AFFAIRS Re:

NPDES Permit No. MI 0005827 Donald C.

Cook Nuclear Plant Bridgman, Michigan

Dear Gentlemen:

Your application for a National Pollutant Discharge Elimination System (NPDES) Permit has been processed in accordance wi.th appropriate state and federal regulations.

Your NPDES Permit contains:

1) limitations which require you to monitor your effluent in accordance with'art I, Section A; and 2) a schedule of compliance for submittal of information concerning other permit require-ments.

REVIEW THE PERMIT EFFLUENT LIMITS AND PERFORIIANCE SCHEDULES CAREFULLY.

These are subject to the criminal and civil enforcement provisions of both state and federal law.

Permit violations are audited by the United States Environmental Protection Agency and will appear in a published quarterly noncompliance report made available to agencies and the public.

Your monitoring and reporting responsibilities shall be complied with in accordance with Part I, Section B of this permit. If applicable, monthly operating report forms will be transmitted to you in the near future.

These reports are to be submitted monthly or otherwise as required by your NPDES permit.

Any reports, notifications, and questions regarding the attached permit or NPDES program should be addressed to the following address:

Fred Morley, District Supervisor 621 North Tenth Street P.O.

Box 355 Plainwell, Michigan 49080 Telephone:

(616) 685-9886 A1028 SI85

t Indiana

& Michigan Electric Co.

October 4, 1985 Page 2

NOTE:

All references within this permit made to the Water Quality Division or Chief of the Water Quality Division are to refer to the Surface Water Quality Division or Chief of the Surface Water Quality Division, respectively.

Sincerely, William E. McCracken, P.E.

Chief, Permits Section Surface Water Quality Division 517-. 373-8088

Enclosure:

Permit cc:

EPA-Region V (2)

Files Water Quality Surveillance Compliance Section f/1 Fred Morley Plainwell District

'and Application Unit 208 Agency Southwest Michigan Regional Planning Commission Data Entry

Permit No.

MI 0005827 MICHIGAN WATER RESOURCES COMMISSION AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of the Federal Water Pollution Control Act, as

amended, (33, U.S.C.

1251 et seq; the "Act"), and the Michigan Water Resources Commission Act, as

amended, (Act 245, Public Acts of 1929, as
amended, the "Michigan Act"),

Indiana

& Michigan Electric Company One Summit Square P.O.

Box 60 Fort Wayne, Indiana is authorized to discharge from a facility located at Donald C.

Cook Nuclear Plant Bridgman, Michigan to receiving water named Lake Michigan in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts I and II hereof.

This permit takes effect irmediately upon the date of issuance.

Any person who feels aggrieved by this permit may file a sworn petition with the Commission, setting forth the conditions of the permit which are being challenged and specifying the grounds for the challenge.

The Commission may reject any petition filed more than 60 days after issuance as being untimely.

Upon granting of a contested case to the applicant, the Commission shall review the permit to determine which contested terms shall be stayed until the Commission takes its final action.

All other conditions of the permit remain in full effect.

If the contested condition is a modification of a previous permit condition and the Commission determines the contested condition shall be stayed, then such previous condition remains in effect until the Commission takes final action.

During the course of'ny administrative proceeding brought by a person other than the applicant, the conditions of this permit will remain in effect, unless the Commission determines otherwise.

This permit and the authorization to discharge shall expire at midnight August 31'990 In order to receive authorization to discharge beyond the date of expiration, the permittee shall submi t such information and forms as are required by the Michigan Water Resources Commission no later than 180 days prior to the date of expiration.

This permit is based on an application dated Ma 1979 'nd updated A ril 26

, and shall supersede any and all Orders of Determination, Stipulation, Final Orders of Determination, or NPDES Permits

'reviously adopted by the Michigan Water Resources Commission.

Issued this 19th day of Se tember 1985

, by the Michigan Water Resources Commission superseding NPDES Permit No.

MI 0005827

, expiring October 3], I979 Reissue aul D ~ Zugger Executive secretary

Permit No.

MI 0005827 Page 2 of ll PART I A.

EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

l. Final Effluent Limitations - Outfalls 001>>

002 8

003 (noncontact cooling water and low volume wastes consisting of steam generator and boiler blowdown)

During the period beginning on the effective date of this permit and lasting until permit expiration, the permittee is authorized to discharge a maximum of three billion two hundred ninety-eight million (3,298,000,000) gallons per day* of noncontact cooling water consisting of condenser cooling water and low volume wastes consisting of steam generator and heating boiler blowdown through outfalls 001, 002 and 003 to Lake Michigan.

Such discharge shall be limited and monitored by the permittee as specified below:

Effluent Characteristic Flow (MGD)

Temperature

( F)

Intake Discharge**

Monthly Daily Monthly

~Avera e

Maximum AveracVe Daily Maximum Dischar e Limitations k

da lbs/da Other Limitations Monitorin Re uirements Measurement Fre uenc Sampl e-TYve Daily Report total daily flow 3 instantaneous Dally readings equally spaced over a 24-hr.

period

~,I<eat Addition (BTU/hr.)

'otal Residual Chlorine (TRC)***

Chlorine Discharge Time 15.5 x 10 Daily Calculation 0.1 mq/1 5 x Weekly 3 grab samples equally spaced during discharge of chlorine a

30 min./day 5 x Weekly Report discharge time Outfall Observation****

Daily Yisual

  • This flow is not to be considered as a limitation on either the quantity or rate over time of discharge.
    • The discharge, after mixing, shall not increase the temperature of Lake Michigan more than 3

F above the existing natural temperature or above the following monthly.

maximum temperatures:

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 45 45 45 55 60 70 80 80 80 65 60 50

      • The permittee may use dechlorination techniques to achieve the applicable limitations using sodium thiosulfate or sodium sulfite or other dechlorinating agents approved by the Chief of the Surface Mater guali ty Division as dechlorination agents.

The quantity of reagent used shall be limited to 1.5 times the stoichiometric amount needed for dechlorination of applied chlorine.

The permittee shall report monthly the quantity of each dechlorination reagent used per day.

'Pe'rmit No. HI 0005827 Part I-A-1. (continued)

~

Page 3 of 11

        • Anyunusual characteristics of the discharge (i.e., unnatural turbidity, color, oil film, floating solids, foams, settleable solids, or deposits) shall be reported immediately to the District Office of the Surface Water guality Division followed with a written report within 5 days detailing the findings of the investigation and the steps taken to correct the condition.

a.

The term noncontact cooling water shall mean water used for cooling which does not come into direct contact with any raw material, intermediate

product, waste product, by-product, or finished product.

b.

The pH shall not be'ess than 6.0 nor greater than 9.0.

The pH shall be monitored as follows:

weekly; grab sample.

c.

The receiving water shall contain no unnatural turbidity, color, oil film, floating solids, foams, settleable solids, or deposits in quantities which are or may become injurious to any designated use as a result of this dishcarge.

d.

Samples, measurements and/or observations taken in compliance with the monitoring requirements above shall be taken as follows:

intake - in the intake forebay; discharge

- in Unit 1 and Unit 2 discharge bays for Outfalls 001 and 002, respectively.

When discharging through outfall 003, the sampling point for outfall 003 shall be either the Unit 1 or Unit 2 discharge

bays, as appropriate.

e.

In the event the permittee shall require the discharge of water treatment additives in addition to any previously approved by the Chief of the Surface Water guality Division, the permittee shall notify the Division Chief.

Written approval from the Chief of the Surface Water guality Division to discharge such additives at specified levels shall be obtained prior to discharge by the permittee.

The permit will be modified in accordance with the requirements of Part II, Section 8-4 if a constituent of the additive or additives requires limiting.

I Page ~ of~

2.

Final Effluent Limitations - Outfalls OOA and OOB (steam generator blowdown)

During the period beginning on the effective date of this permit and lasting until permit expiration, the permittee is authorized to discharge a maximum of eight hundred sixty-four thousand (864,000) gallons per day* of low volume wastes consisting of steam generator blowdown from each of the internal outfalls 00A and OOB through outfalls

001, 002 and 003 to Lake Michigan.

Such discharge shall be limited and monitored by the permittee as specified below:

Effluent Characteri sti c Flow (MGD)

Dischar e Limitations k /da lbs/da Other Limitations Monthly Dai ly Monthly Dai ly A~vera e

Maximum

~Avera e

Maximum Monitorin Re uirements Measurement Fre uenc Sample

~Te Per Occurrence Report total daily flow Total Suspended Solids (mg/1)

Oil and Grease (mg/1)**

30 100 15 Weekly Monthly Grab Grab

  • This flow is not to be considered as a limitation on either the quantity or rate over t'ime of discharge.
  • +After one year of monitoring for oil and grease, the'permittee may attempt to demonstrate that further monitoring and limits for oil and grease for internal outfalls OOA and OOB are no longer necessary.

Upon successful demonstration by the permittee, this monitoring may be deleted from this permit.

Any submittal's shall be to the Chief of the Surface Water Quality Division.

a.

Samples, measurements and/or observations taken in compliance with the monitoring requirements above shall be taken on both outfalls OOA and OOB prior to mixing with noncontact cooling water in the intake forebay (see figure 1 on page 6 of ] 1).

b.

In the event the permittee shall require the discharge of water treatment additives, the permittee shall notify the Chief of the Surface Water Quality Division.

The permittee shall obtain'ritten approval from the Chief of the Surface Water Quality Division to discharge such add-:tives at a specified level.

The permit may be modified in accordance with the requirements of Part II, Section B-4 if a constituent of the additive or additives requires limiting.

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Permit No.

MI 0005827

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Page g

of 11 3 ~

Final Effluent Limitations - Outfall OOC (heating boiler blowdown)

During the period beginning on the effective date of this permit and lasting until permit expiration, the permittee is authorized to discharge a maximum of nineteen thousand (19,000) gallons per day* of low volume wastes consisting of heating boiler blowdown from the internal outfall OOC through outfall.s 001, 002 and 003 to Lake Michigan.

Such discharge shall be limited and monitored by the permittee as specified below:

Effluent Characteristic Flow (MGD)

Oischar e Limitations k /da lbs/da Other Limitations Monthly Oai ly Monthly Oai ly Ave~a<Ve Maximum

~veracVe Maximum Monitorin Re uirements Measurement Fre uenc Sample

~TB Per Occurrence Report total daily flow Total Suspended Solids (mg/1)

Oil and Grease (mg/1)**~

30 100 15 Per Occurrence** Grab Monthly Grab

  • This flow is not to be consi dered as a

1 imitati on on ei ther the quanti ty or rate over time of di scharge.

    • Total Suspended Solids are to be monitored once per occurrence or weekly if the heating boiler is operated continuously for periods greater than one week.

~*After one year of monitoring for oil and grease,.the permittee may attempt to demonstrate that further monitoring and limits for oil and grease for internal outfall 00C is no longer necessary.

Upon successful demonstration by the permittee, this monitoring may be deleted from this permit.

Any submittals shall be to the Chief of the Surface Mater Quality Division.

a.

Samples, measurements and/or observations taken in compliance with the monitoring requirements above shall be taken after the heating boilers and prior to the intake forebay (see figure I on page 6 ofll).

b.

In the event the permittee shall require the discharge of water treatment additives, the permittee shall notify the Chief of the Surface Mater Quality Division.

The permittee shall obtain written approval from the Chief of the Surface Mater Quality Division to discharge such additives ac a specified level.

The permit may be modified in accordance with the requirements of Part II, Section 0-4 if a constituent of the additive or additives requires limiting.

Froa Unit I or 2 Hake-up Mater Plan 150,000 lb/hr Hain Ht. Boiler r

Back-Up Ht.

8 il r Mell Ho. I Mell Ho.

2 internal Outfall OOC (HI 396) 0.014 HGD Avg.

Potable and Sanitar Mater Visitor's Center Plant Sanitary

<>,000 GPO Extended Aeration STP Outfall OOE (Hl 341) al Absotption Field Operated Alternately 0.015 HGD 0.031 HGD Outfall 001 (HI 393)

Circulating Mater Discharge 1200'ffshore 1118 HGO Avg., 1277 HGO Hax orxsvater rth Catch Basin 501 Essential Service Mater 28.8 HGD Unit I schg Bay n t Stean Homal Flash T

Start-Up Flash Unit I Stja.

Gen.

Internal Outfall OOA (HI 397) 0.112 HGD Av., 0,266 HGD Hax Tl m

Outfall 003'Hi 395) 3 Intake Cr ibs shore intake Forebay n-Unit 1 Hake-Up Mater Plant Unit 2 Hake-Up Mater Plant Regeneration Turbine Roow Sunp Outfa) I (HI 374)

On-Site Absorption Pond Outfall 002 (Hl 394)

Circulating Mater Discharge 1200'ffshore 1425 HGD Avg., 1718 HGD Hax Unit 2 schg Bay Essential Service Mater 28.8 HGD Unit 2 Stean Cond s r Homal Flash Tank Start-Up lash Tank In-Plant Soups isc Floor Drai Unit 2 Stja.

Gen.

Internal Outfall 008 (Hl 398 0.109 HGD Avg., 0.282 HGO Hax Lake Hichigan Storxxvater South Catch Basin 502 Masteuater Flou OIagran.

1984 Donald C. Cook Huclear Plant C.

E. Haut 2/20/85

~ Outfall 003 Oe-icing Dschg uas used 42 days In 1984 -- 224 HGO Avg., 839 HGO Hax

(

s Permit No. MI 0005827 Page 7 of 11 4.

Final Effluent Limitations - Intake Screen Backwash During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge an unspecified amount of intake screen backwash to Lake Michigan.

The Company shall collect and remove debris accumulated on the intake trash bars and dispose of such material on land in an appropriate manner.

5.

Final Effluent Limitations During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the permittee shall not discharge any polychlorinated biphenyls to receiving waters of the State of Michigan as a result of plant operations.

6.

Cooling Water Intakes P

The permittee shall submit to the Chief of the Surface Hater Quality Division a detailed study plan and time schedule for conducting environmental monitoring to determine the effects of the cooling water intake and obtain his approval thereof on or before NA--com leted The studies shall be adequate to demonstrate if the existing cooling water intake design, location, construction, and capacity reflects the best technology available for minimizing adverse environmental impact in accordance with Section 316(b), Public Law 92-500.

The study shall be completed and the report thereon submitted on or before NA.

If, on the basis of the study report and applicable standards established pursuant to Section 316(b) of Public Law 92-500, the Comnission determines that the intake structures do not reflect the best technology available for minimizing adverse environmental impact, it will so notify the company, specifying the reason(s) for its determination, and the company shall submit to the Chief of the Surface Water Quality Division, within 90 days of such notification, its plan and construction time schedule for minimizing the environmental impact of the intake structure.

7.

Special Condition The Nuclear Regulatory Commission is responsible for regulating discharges of radioactive materials.

Permit No.

MI 00058 Page 8

of 11 8.

S ecial Condition This permit may be modified or, alternatively, revoked and reissued to comply with any applicable standard(s) or limitation(s) promulgated under Section 301(b)(2)(c)(d),

304(b)(2) and 307(a)(2) of the Act, if the effluent standard(s) or limitation(s) so promulgated:

a.

is(are) either different in condition or more stringent than any effluent limitation in the permit; or b.

control(s) any pollutant not limited in the permit.

9.

The discharger shall notify the Chief of the Surface Water guality Division, in writing, within 10 days of knowing, or having reason to believe, that a

change in facility operation, maintenance, or construction has resulted or will result in the discharge of:

l.

Detectable levels* of chemicals on the current Michigan Critical Materials Register or priority pollutants or hazardous substances set forth in 40 CFR Vol. 48, No. 64, April 1, 1983, Part 122.21, Appendix D, pp.

14176-14177 which were not acknowledged in the application~

or listed in the application at less than detectable levels.

2.

Detectable levels* of any other chemical not listed in the application or listed at less than detection, for which the application specifically requested information.

3.

Any chemical at levels greater than five times the average level reported in the application**.

Any other monitoring results obtained as a requirement of this permit shall be reported in accordance with the schedule of compliance.

  • The detectable level shall be defined as the Method Detection Limit (MDL) as given in Appendix 8 to Part 136, Federal
Register, Vol. 49, No. 209, October 26,
1984, pp. 43430-31.
    • The application received May 4, 1979 and updated April 26, 1985.

Permi t No MI 0005827 PART I Page 9

of 11 B.

MONITORING AND REPORTING 1.

Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge.

2.

Reporting:

QA= applicable to your facility; QMA

"- not applicable to your facility a.

MOR Submittal Reouirements

- The permittee shal'I submit Monthly Operating Repor (MOR) forms to the Data Center of the. Michigan Department of Natural Resources for eacn calendar month of the authori zed discharge period(s).

The MOR's shall be postmarked no later than the 10th day of the month following each month of'he authorized discharge period(s).

b.

Retained Se'If-Monitorin Reouir ments - The permittee shall maintain a

year-to-date log of retained selt-monitoring results and provide such log for inspection to the staff of the C3 (1.) Surface. Hater Quality Division of the Michiaan Oeoartment nf Natural Resources.,

Cl (2;)

Environmental Health Services Division, Michigan Department of Public Health Cl (3.)

Northern Peninsula Division, Michigan Department'of Public Health C3 (4.) Division of Health Facility Licensing

& Certification, Michigan Department of Public Heal th upon request.

Tne permittee shall certify, in writing, to the Chief of the Surface

'Hater equality Division of the Department of Natural. Resources in accordance

.with the Schedule of Compliance Part I, C-NA, 1".=t; (1.) all retai ned self-monitoring requirements have been complied with and a year-to-date log has been maintained.

(2 ~ )

the flow rate(s) (if part of retained self-monitoring results) from all out alls have been substantially the same as the flow rate(s) authorized by this permit or if (3.)

the flow rate(s) (if part of retained self-monitoring results) is (are) substantial ly dif erent from the flow rate(s) author i zed by this permit and the permittee shall provide reasons for the difference in flow rates.

A c.

Groundwater Monitorin

- The permittee shall submit Monthly Operating Report (MOR) forms to tne Data Center of the Michigan Department of Natural Resources in accordanc with the monitoring requirements set forth in Part III.,

The MOR's shall be postmarked no later than the 10th day of the month following each completed report period.

t NA d.

First Permit - Existina or Proposed Facilit

- Upon issuance of the first permit for an existing or proposed facility the permittee is exempt from submitting MOR's for a period of ninety (90) days from the date the permit is issued.

Permit Reissuance or Modification -."-or any parameter added to the monitoring requirements as a result of permit reissuance or modification of the current permit, the cermittee will be exe..pt fror'. submittinTT!D'OR data for that parar.eter for a period of ninety (90) davs from the date the permit is issued.

Permi t No.

MI 0005827 Page ~of 11 I

3.

Definitions a.

The monthly average discharge is defined as the totaI discharge by weight, or concentration if specified, during the reporting month divided by the number of days in 'the reporting month that the discharge from the production or commercial facility occur red.

When less than daily sampling occurs, the monthly average discharge shall be determined by the summation of the measured daily discharges by weight, or concentration if specified, divided by the number of days during the reporting month when the samples were collected, analyzed and reported.

b.

The daily maximum discharge means the total discharge by weight, or concentration if specified, during any cale'ndar day.

c.

The Regional Administrator is defined as the Region V Administrator, U.S.

EPA, located at 230 South Oearborn, 13th Floor, Chicago, Illinois 60606.

d.

The Michigan Mater Resources Commission is located in the Stevens T.

Mason Building.

The mailing;address is 8ox 30028, Lansing, Michigan 48909.

4. Test Procedures Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304(h) of'he Act, under which such procedur'es may be required.

5., Recording Results For each measurement or sample taken pursuant.to the requirements of this permit, the permittee shall record the following information:

a.

The exact place, date, and time of sampling; b.

The dates the analyses were performed; c.

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

The analytical techniques or methods used; and e.

The results of all required analyses'POES/Ind

Permit No.

MI 0005827 Page 11 of 11 6.

Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Operating Report.

Such increased frequency shall also be indicated.

7.

Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3)

years, or longer if requested by the Regional Administrator or, the Michigan Water Resources Commission.

'C.

SCHEDULE OF COMPLIANCE 1.

The permittee shall continue to operate the installed facilities to achieve the effluent limitations specified for outfalls 001, 002.

2.

The permittee shall comply with the requirements of Section 10, Par't II-A in accordance with the following:

Submit plans for approval to the Chief of the Surface Water guality Division necessary to comply with the primary power provision of Section 10 in Part II on or before, NA.

b.

The permittee shall comply with the requirements of items 10a or 10b contained in Part II on or before NA.

Notwithstanding the preceding

sentence, the permittee shall at all times halt, reduce or otherwise control production in order to protect the waters of the State of Michigan upon reduction or loss of the primary source of power.

3.

No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a

written statement of compliance or noncompliance.

In the latter case, the statement shall include the cause of noncompliance, any remedial actions taken and the probability of meeting the next scheduled requirement.

Failure to submit the written statement is just cause to pursue enforcement action pursuant to the Commission Act and the Part 21 Rules.

0 Permit No.

NI 0005827 Page 1

of 5

PART II A.

MANAGEMENT REQUIREMENTS 1.

Duty to Comply A11 discharges authorized herein shall be consistent with the terms and conditions of ehis permic.

The discharge of any pollueant identified in ehis permit more frequently than or at a level in excess of that authorized shall constitute a violacion of the permit.

It is che duty of the permittee to comply with all the cerms and conditions of this permic.

Any noncompliance with the Effluent Limitations, Special Conditions, or terms of this permit constitutes a violation of Public Acts 245 of 1929, as

amended, and/or PL 92-500, as
amended, and constitutes grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of an application for permit renewal.

2.

Change of Conditions Any anticipated facility expansion, production increases, or process modi-fication which will result in new, different or increased discharges of pollutants must be reported by submission of a new applicacion or, if such changes will not violate the effluent limitations specified in this permit, by notice to the permit issuing authority of such changes.

Following such notice, the permit may be modified to specify and limit any pollutant not previously limited.

3.

Containment Facilicies The permittee shall provide facilities for containment of any accidental losses of concentrated solutions, acids, alkalies, salts, oils, or other polluting materials in accordance with the requirements of the Michigan Water Resources Commission

Rules, Pare 5.

This requirement is included pursuant to Section 5 of the Michigan Wacer Resources Commission Act, 1929 PA 245, as

amended, and the Part 5 rules of the General Rules of the Commission.

4.. Operator Certification The permittee shall have the waste treatment facilities under direct super-vision-of an operator certified by the Michigan Water Resources Commission, as required by Section 6a of ehe Michigan Act.

5.

Noncompliance Notification If, for any reason, the permittee does noe comply with or will be unable co comply with any daily maximum effluent limitation specified in this permit, the permittee shall provide the Chief of the Surface Water Quality Division with the following informat'on, in writing,- within five (5) days of becoming aware of such condit ion:

a.

A description of the discharge and cause of noncompliance; and NPDES/IVD

l Permit No.

MI 0005827 b.

The period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and the steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge, 6.

Spill Notification The permittee shall immediately report any spill or loss of any product, by-product, intermediate product, oils, solvents, waste material, or any other pollut-ing substance which occurs to the surface waters or groundwaters of the state by calling the Department of Natural Resources 24-hour Emergency

Response

telephone number 1-800-292-4706; and the permittee shall within ten (10) days of the spill or loss, provide the state with a full written explanation as to the cause and discovery of the spill or loss, cleanup and recovery measures

taken, preventative measures to be taken, and schedule of implementation.

This requirement is included pursuant to Section 5 of the Nichigan Water Resources Commission Act, l929 PA 245, as amended.

7.

Facility Operation The permittee shall at all times properly operate and maintain all treatment or control. facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit.

8.

Adverse Impact.

The permittee shall take all reasonable steps to minimize any adverse impact to the surface or groundwaters of the state resulting from noncompliance with any effluent limitation specified in this permit including, but not limited to, such accelerated or additional monitoring as necessary to determine the nature and impact of the discharge in noncompliance.

9.

By-Passing Any diversion from or by-pass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where unavoid-able to prevent loss of life, personal injury, or severe property

damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit.

The permittee shall promptly notify the Nichigan Water Resources Commission and the Regional Administrator, in writing, of such diversion or by-pass.

10.

Power Failures In order to maintain compliance with the effluent limitations and prohibi-tions of this'ermit, the permittee shall either:

a

~

Provide an alternative power source sufficient to operate facilities utilized by permittee to maintain compliance with the effluent limita-tions and conditions of this permit which provision shall be indicated in this permit by inclusion of a specific compliance date in each appropriate "Schedule of Compliance for Effluent Limitations".

Permit No.

MI 0005827 Page 3

of 5

~ b Upon the reduction,

loss, or failure of one or more of the primary sources of power to facilities utilized by the permittee to maintain compliance with the effluent limitations and conditions of this permit, the permittee shall halt, reduce or otherwise control production and/or all discharge in order to maintain compliance with the effluent limitations and conditions of this permit.

11.

Removed Substances

Solids, sludges, filter backwash, or other pollutants removed from or resulting from treatment or c'ontrol of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering navigable waters, or the entry of toxic or harmful contaminants thereof onto the groundwaters in concen-trations or amounts detrimental to the groundwater resource.

12.

Upset noncompliance LVotification Ef a process "upset" (defined as an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee) has

'occurred, the permittee who wishes to establish the affirmative defense of upset shall notify the Chief of the Surface Water Quality Division by telephone within 2'4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of becoming aware of such conditions and.within five (5) days,,

provide in writing, the following information:

a.

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

That the permitted wastewater treatment facility was, at the time, being properly operated; c.

That the permittee has specified and taken action on all responsible steps to minimize or correct any adverse impact in the environment resulting from noncompliance with his permit.

In any enforcement proceedings, the permittee seeking to establish the occurrence of an upset, has the burden of proof.

13.

Any requirement of this permit which is included under the unique terms of Nichigan, the Water Resources Commission, Act 245, P.A.l929 as

amended, and rules promulgated thereunder, is not enforceable under the Federal Clean Water Act regulations.

Permit No.

~ B.

RESPONSIBILITIES 1.

Right of Entry The permittee shall allow the Executive Secretary of the Michigan Water Resources Commission, the Regional Administrator and/or their authorized represen-

tatives, upon the presentation of the credentials:

a.

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

At reasonable times to have access to and copy, any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment'r monitoring method required in. this permit; and to sample any discharge of pollutants.

2.

Transfer of Ownership or Control in the event of any change 'in control or ownership of facilities from which the authorized discharge

emanate, the permittee shall notify the succeeding owner or controller of the existence of this permit by letter, a copy of which shall be forwarded to the Michigan Water Resources Commission and the Regional Administrator.

3.

Availability of Reports Except for data determined to be confidential under Section 308 of the Act and Rule 2128 of the Water Resources Commission Rules, Part 21, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the State Water Pollution Control A enc and the Regional Administrator.

As required by the Act, effluent data shall not be considered confi-dential.

Knowingly making any false statement on any such report may result in.

the imposition of criminal penalties as provided for in Section 309 of the Act and Sections 7 and 10 of the Michigan Act.

4, Permit Modification After notice and opportunity for a hearing, this permit may be modified suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following:

a.

Violation of any terms or conditions of this permit; b.-

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

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

Permit No. NI 0005827 Page 5 of 5

5.

Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or pro-hibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard

.or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified.

6.

Civil and Criminal Liability Except as provided in permit conditions on "By"Passing" (Part II, A-9) and "Power Failures" (Part II, A-10), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance, whether or not such noncompliance is due to factors beyond his control, such as accidents, equipment breakdowns, or labor disputes.

7.

Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution

.of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee may be subject under Section 311 of the Act except as are exempted by federal regulations.

8.

State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Act.

C 9.

Property Rights The issuance of this permit does not convey any property rights in either real or personal

property, or any exclusive privileges, nor does it authorize violation of any Federal, State or local laws or regulations, nor does it obviate the necessity of obtaining such permits or approvals from other units of government as may be required by 'law.

10.

Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, if held invalid, the application of such provision ot other circumstances, and the remainder of this permit, shall not be affected thereby.

11.

Notice to Public Utilities (Niss Dig)

The issuance of this permit does not exempt the permittee from giving notice to public utilities and complying with each of the requirements of Act 53 of the Public Acts of 1974, being sections 460.701 to 460.718 of the Hichigan Compiled

Laws, when constructing facilities to meet the terms of this permit.

Permit No.

MI 0005827 MIXING ZONE Facility:

Indiana 8 Michigan Electric Company Outfall Number

001, 002, 003 Lake Michigan Dischar e Location Berri en County, Lake Townshi p (Town 6S, Range 19W)

Sections 5, 6, 7 "& 8 The mixing zone for purposes of evaluating compliance with the State Water guality Standards is defined as an area of Lake Michigan equivalent to that of a circle with a radius of 2811 feet (570 acres) centered at the point of discharge.

Permit No.

MI 0005827 PERMIT CONDITIONS 3'ART III A.

GROUNDWATER DISCHARGE AUTHORIZATION The permittee is authorized to discharge from its wastewater treatment facility to the groundwaters of the state in accordance with the conditions below.

This authorization shall continue until the Michigan Water Resources Comission makes its final determination on a state groundwater discharge permit.

B.

GROUNDWATER DISCHARGE REQUIREMENTS During the period beginning on the date of issuance of this permit'and lasting until the expiration date of this permit, the permittee is authorized to discharge process wastes and sanitary wastes to the groundwater.

Such discharges shall be monitored by the permittee as specified below:

Process wastes shall 'be disposed of into the ground in such a manner and by means of such facilities and at such location that they shall not injuriously affect public health, welfare, or commercial, industrial, domestic, agricultural, recreational, or other uses of the underground waters.

Monitoring requirements for boiler water. treatment systems process water (water softener, clarifiers, make-up demineralizers) and boiler cleaning water prior to discharge into the ground.

PARAMETER TO BE MEASURED Flow pH Cadmium Oil

& Grease Sulfate (S04)

Chloride (CL)

Total Phosphorus Chemical Oxygen Demand Total Dissolved Solids

~RE(RUENCY Continuous Continuous At times of boiler cleaning water discharge Weekly At all times when regeneration of ion exchange resins occurs Weekly Weekly Weekly At all times when regeneration of ion exchange resins occurs TYPE OF SAMPLE Daily maximu, minimum Grab Grab 24-Hr. Composite 24-Hr. Composite 24-Hr. Composite 24-Hr. Composite 24-Hr. Composite Monitoring requirements for sanitary wastewaters prior to discharge into the ground:

PARAMETER TO BE MEASURED Flow State which seepage area is being utilized

~RBRUENCY Continuous List when seepage areas are alternated REPORT List beginning and ending date and time of use of each seepage area

Permit No.

MI 0005827 Part III-B (continued)

Page 2 of 2

Monitoring requirements for groundwater collected in monitoring wells:

PARAMETER TO BE MEASURED Record static water elevation pH Total Chromium (Cr)

Copper (Cu)

Sulfate{SOg)

Chloride (Cl)

Hardness Nitrate-Nitrogen as N

Sodium (Na)

Polychlorinated Biphenyls Chemical Oxygen Demand Boron (B)

Total Phosphorus (P)

Total Dissolved Solids Cadmium Oil 8 Grease

~RBRUENCY quarterly quarterly quarterly quarterly quarterly quarterly quarterly quarterly quarterly quarterly quarterly quarterly quarterly quarter ly guar terl y quarterly TYPE OF Reading Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab SAMPLE at time of sampling