ML18057A655
| ML18057A655 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 12/17/1990 |
| From: | Slade G CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| NUDOCS 9012210175 | |
| Download: ML18057A655 (36) | |
Text
I 1,__.*1
,!;\\),~*-:
I consumers
.Power POWERIN&
MICHl&AN'S PROGRESS Palisades Nuclear Plant:
27780 Blue Star Memorial Highway, Covert, Ml 49043 December 17, 1990 Nuclear Regulatory Commission.
Document Control Desk Washington, DC 20555 DOCKET 50-255 - LICENSE DPR PALISADES PLANT -
GB Slade General Manager NOTIFICATION OF CHANGES TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS The Palisades Environmental Protection Plan, Section 3.2 requires that changes and additions to the Palisades National Pollutant Discharge Elimination System (NPDES) Permit, be reported to the NRC.
Attached are NPDES Permit changes and additions that have been recently issued for the Palisades site.
Th~ first permit (Attachment 1, MI0001457) is a renewal of the five year permit for the plant.
The permit includes the following major changes.
Limited heat addition to the lake was increased from 1.3 to 2.1 billion BTU/hr., to.allow the plant the flexibility to utilize_blowdown from the condenser cooling water system at any time during the year to optimize plant operating efficiency.
The frequency for oil and grease sampling from the turbine building p_u_tfall was decreased from four times to two _times a month.
Three storm water outfalls are now authorized under the permit and are visually monitored once a month.
- A requirement for a boron waste characterization study, ~hich will consist of a daily grab sample one month per quarter, of the main outfall for one year, when we are discharging boron.
The second NPDES permit (Attachment 2, MI0049131) covers cleanup of groundwater in a small area of the plant site. This permit is good for three years, and sets the requirements for discharging treated ground water resulting from a hydrocarbon release via an existing NPDES permitted storm J
water outfall.
// /
.. 9012210175 901217 : I '
~-~pR *
-~
1.-:\\1 1..:.....
The Environmental Protection Plan requires that changes and additions to the NPDES permit be submitted within 30 days following the date the change is approved.
Neither report was submitted within this time frame.
We are reviewing our administrative controls over changes and additions to NPDES permits to assure that they are reported to the NRC as required.
- !/~;f;~alL-General Manager CC Administrator, Region III, USNRC NRC Resident Inspector - Palisades Attachment
.,~5 ATTACHMENT 1 Consumers Power Company Palisades Plant Docket 50-255 NOTIFICATION OF CHANGES TO THE PLANTS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT "STANDARD PLANT FIVE YEAR PERMIT"
- December 17, 1990 18 Pages
_j,
..... :?'
STATE OF MICHIGAN NATURAL RESOURCES COMMISSION THOMAS J. ANDERSON 8'
~
r~ 2/[fJic.. 1.1 C.t... -HJ./'
R1026 3/89 MARLENE J. FLUHARTY lADON E. GUYER RAY KAMMER
~
-WOOD A. MATTSON JAMES J. BLANCHARD. Governor STEWART \\AYERS RAYMOND POUPOAE DEPARTMENT OF NATURAL RESOURCES CERTIFIED MAIL Mr. Robert Schroder Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201
Dear Mr. Schroder:
STEVENS T MASON BUILDING P 0. BOX 30028 LANSING. Ml J8909 DAVID F HALES. D"ector August 10, 1990
SUBJECT:
NPDES Permit No. MI0001457 Palisades Power Plant Your National Pollutant Discharge Elimination System (NPDES) Permit has been processed in accordance with appropriate state and federal regulations. It contains the requirements necessary for you to comply with state and federal water pollution control laws.
REVIEW THE PERMIT EFFLUENT LIMITS AND COMPLIANCE SCHEDULES CAREFULLY.
These are subject to the criminal and civil enfo,rcement provisions of both state and federal law.
Permit violations are audited by the Michigan Department of Natural Resources and the United States
.Environmental Protection Agency and may appear in a published quarterly noncompliance report made available to agencies and the
. public.*
Your monitoring and reporting responsibilities must be complied with in accordance with this permit.
If applicable, Discharge Monitoring 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, or questions regarding the attached permit or NPDES program should be directed to the following address:
Fred Morley, District Supervisor 621 North Tenth Street P.O. Box 355 Plainwell, Michigan 49080 Telephone: (616) 685-9886 RECEIVED AUG 13 1990 C P. Co. Leqol
Consumers Power Compan~
Page 2 August 10, 1990 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.
Enclosure:
Permit cc:
EPA-Region V* (2)
Sincerely, u_)~
~*. ;11~ c~~~
William E. McCracken, P.E.
Chief, Permits Section Surface Water Quality Division 517-373-8088 208 Agency - Southwest Michigan Regional Planning Commission Planning and Special Programs Section, SWQD Mr.
Fre~ Morley - Plainwell District, SWQD (2)
Mr. Paul Blakeslee, Regional Supervisor, Region III, SWQD Compliance and Enforcement, SWQD Data Entry, SWQD Point Source Studies (Grand Rapids District Office), SWQD Files*
-':)
.~J
' PERMIT NO. MI00014ji MICHIGAN WATER RESOURCES COMMISSION AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq; the "Act"), and the Michigan Water Resources CotDmission Act, as '
amended, (Act 245, Public Acts of 1929, -as amended; the '1Xichigan Act"),
Consumers Power Company 212 West Michigan Avenue Jackson, Michigan is authorized to discharge from a facility located at 27780 Blue Star Memorial Highway Covert, Michigan 49043 designated as CPCO-Palisades Power Plt to the receiving water named Lake Michigan in accordance with effluent limitations, monitoring requirements and other conditions set forth in this permit.
This permit for increased use takes immediate effect on the date of issuance, unless the applicant either administra*tively or judicially challenges any condition of this permit, in which case the entire permit is stayed and all authorizations explicitly or implicitly contained in _the permit cease.
Any person who feels aggrieved by this permit may file a sworn petition with the Executive Secretary of the Michigan Water Resources 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.
During the course of any 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 October l; 199.3.
In order to receive authorization to discharge beyond* the date of expiration, the permittee shall submit such information and forms as are required by the Michigan Water Resources Commission to the Permits Section of the Surf ace Water Quality Division no later than 180 days prior to the date of expiration.
_This permit is based on an application submitted on October 20, 1988.
On its effective date this permit shall supersede NPDES Permit No. MI0001457, expiring April 30, 1990.
Issued this 19th day of July
, 1990, by the _Michigan Water Resources
~--~~--~~~---~~
Commission.
~-
Executive Secretary BECEIVED AUG 13 1990 c P. C.O. Leoal
/
- i1 PERMIT NO. MI0001457
- e.
- e. Page 2 of 16 _
PART I A.
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
- 1.
Final Effluent Limitations, Outfall 001 (Mixing Basin Discharge)
During the period beginning on the effectiv* date of this.permit and lasting until the date of expiration, the permittee is authorized to discharge a maximum of one hundred thirty five million two hundred thousand (135,200,000)* gallons per day of cooling tower blowdown, noncontact cooling water, stormwater and treated miscellaneous low volume wastewater consisting in part of steam generator blowdown, laundry waste. deminerilizer backwash and regeneration waste, reverse osmosis filter backwash. turbine sump drainage. floor drainage, laboratory waste and radwaste from the mixing basin outfall 001 to Lake Michigan.
Such discharge shall be limited and monitored by the permitee as specified below:
lbs/day Discharge Limitations Other Limitations
- Effluent Characteristic Monthly Daily Average Maximum Monthly Daily Average Maximum Monitoring Requirements Measurement Sample Frequency Type Flow (MGD)
(report)
(report)
6/1-9/30
- 0. l mg/l 10/1-5/31 0.05 mg/l TRC Discharge Time***
Outfall Observation pH (Standard Units) 6.0 (Daily Min.)
Heat Addition (BTU/hr)
Temperature (°F) 0.2 mg/l 0.2 mg/l 120 min.
9.0 2.1 x 109 (report)
Daily Daily Daily Daily Daily Daily Daily Daily Report Total Daily Flow Grab Grab Report Total Application Time Visual Grab Calculation Continuous The flow is not a limitation on rate or quantity of discharge.
The daily maximum value for TRC shall be reported as the of 3 grab saai>>les taken during the time of chlorination.
equally spaced and no single sample may exceed 0.3 mg/l.
req.uired only during the periods of chlorination.
average of a minimum The samples must be TRC monitoring is
- The amount of chlorin'9 applied sh.all be limit*ed to the minimum amount needed to prevent biof ouling.
The permittee may use dechhlorination techniques to achieve the applicable limitations, using sodium thiosulfate or sodium sulfite as dechlorination reagents.
The quantity of reagent used shall be limited to l.S times the stoichiometric amount needed for dechlorination.
.The permittee shall report monthly the quantity of each dechlorination reagent used per day.
~
. PER.~IT ~O. ~I000t457
' ~
Page 3 of l6 PART I Section A.l (continued)
- a.
The receiving water shall contain no unnatural turbidity, color, oil film, floating solids, foams, settleable solids, or deposits as a result of this discharge.
- b.
Samples, measurements, and observations taken in compliance with the monitoring requirements above shall be taken prior to discharge to Lake Michigan.
A once per shift (J times daily) temperature measurement is permissible when either the continuous monitor or recorder is out of service for calibration or repair.
- c.
Any unusual characteristics of the discharge (i.e ** unnatural turbidity, color, oil film, floating solids, foams, settleable solids or deposits) shall be reported immediately to the Plainwell District Off ice of the Surf ace Water Quality Division followed with a written report within 5 days detailing the findings of the investigation and the steps taken to correct the condition.
- d.
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
- Quality Division, the permittee shall notify the Division Chief.
Written approval from the Chief of the Surf ace Water Quality 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.B.4 if a constituent of the additive or additives requires limiting.
.~I PERMIT NO. :-1!0001457 e Page 4 of :6 PART I Section A *.
- 2.
Final Effluent Limitations, Outfalls OOA through OOF (Internal Outfalls)
During the period beginning on the*effective date of this permit and lasting until the date of expiration, the permittee is authorized to discharge the following internal discharges through the mixing basin outfall 001 to Lake Michigan.
Such discharges shall be limited and monitored by the permittee as specified below:
Effluent Characteristic Discharge lbs/day Monthly Daily Average Maximum Limitations Other Limitations Monthly Daily Average Maximum
. OOA - South cooling tower suction basin overflow (61.9 mgd)*
Monitoring Requirements Measurement Sample Frequency Type Flow (MGD)
Daily Report Total.
Daily Flow OOB - North cooling tower suction basin overflow (59.8 mgd)*
. Flow (MGD)
Daily Report Total Daily Flow OOC - cooling tower blowdown (86 mgd)*.
Flow (MGD)
Daily Rep.ort Total Daily Flow OOD - radwaste wastewater (O.l mgd)*
Flow (MGD)
Total Suspended Solids Total Phosphorus (as P) 30 mg/!
OOE - Neutralizer tank wastewater (0.1 mgd)*
Flo~ (MGD)
Total Suspended Solids 30 mg/!
OOF - turbine sump oil separator
& volume.reduction system (0.1 mgd)*
Flow (MGD)
Oil. & Grease 15 mg/!
100 ing/l 2 mg/!
100 mg/l
.20 mg/l Per Batch Report Total
-Daily Flow Per Bat-ch Gr.ab *
- Per Batch**
Grab
- Per Batch
. Per Batch.
Report Total Daily Flow Grab Daily Report Total Daily Flow 2 x Monthly Grab
- The above flows are not a limitation on rate or quantity of discharge.
- Phosphorus l!lOnitoring is required only during discharge of batch laundry waste.
~.
1
.PERMIT ~O. MI000145i
~
Page 5 of L6 PART I Section A.2 (continued)
- a.
Samples, measurements, and observations taken.in compliance with the monitoring requirements above shall be taken prior to discharge to the mixing basin or co-mingling with other wastewater.
- b.
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 Quality Division, the permi~tee shall notify the Division Chief.
Written approval from the Chief of the Surface Water Quality 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.B.4 if a constituent of the additive or additives requires limiting.
- c.
The permittee shall not discharge priority pollutants, contained in chemicals added for cooling tower maintenance, in the cooling tower blowdown to the receiving waters of the state as a result of plant operations *.
~.
"PERMIT NO.
~I0001457 e Page 6 of 16 PART I Section A.
- 3.
Final Effluent Limitations, Outfalls 002, 003 & 004 (stormwater)
During the period beginning on the -effective date of this permit and lasting until the date of expiration, the permittee is authorized to discharge an unspecified amount of stormwater from outfalls 002, 003 and 004 to Lake Michigan.
Such discharge shall be limited and monitored by the permittee as specified below:
Effluent Characteristic Outfall Observation Discharge Limitations lbs/day Other Limitations Monthly Daily Monthly Daily Average Maximum Average Maximum Monitoring Requirements Measurement Sample Frequency Type Monthly*
Visual
- Outfalls 003 & 004 - monitoring is not required at this time due to the inaccessibility of the outfalls.
- a.
The receiving stream shall contain no unnatural turbidity, color, oil film, floating. solids,. foams, settleable solids, or deposits as a result of this discharge.
- b.
Samples, measurements, and observations taken in compliance.with the monitoring requirements above shall be taken at outfall 002 prior to discharge to Lake Michigan.
- c.
Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, oil film, float-ing solids,* foams, settleable solids or deposits) shall be reported immediately to the Plainwell District Office of the Surface Water Quality Division follo_wed with a WTitten report within 5 days detailing the findings of the investigation and the steps ta~en to correct the condition.
PERMIT NO. MI000l4Si
~
Page 7 of 16 PART I Section A.
- 4.
Special Condition - Short Term Waste Characterization Study As a condition of this permit, the*permittee shall monitor the discharge from outfall 001 for the constituent, at the frequency, and for the duration specified below.
This monitoring is designed to determine whether this constituent is discharged in significant quantities.
.The results of the analysis of such monitoring shall be submitted to the Chief of the Surface Water Quality Division in accordance with Part I.C.2, Schedule of Compliance.
If, upon review of the analysis, it is determined that this constituent require*s limiting to protect the receiving waters in accordance with applicable water quality standards, the permit may then be modified after public notice and Commission approval of the recommended permit modification in accordance with Part II.B.4.
CONSTITUENT SAMPLE TYPE Boron Grab S.
Special Condition -
PCB Prohibition SAMPLE FREQUENCY Daily during discharge of boron* for a period of.
one month per quarter*
from 11/1/90 to 11/1/91 DESIRED DETECTION*LEvn 50 ug/l Effective.upon the date of issuance of this permit the permittee shall not discharge any polychlorinated biphenyls to the receiving waters of the St~te of Michigan as a res~lt of plant operations.
- 6.
Special Condition - Intake Screen Backwash During the perio.d beginning on the effectiv.e date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge intake screen backwash to Lake Michigan.
The permittee shall collect and remove debris accumulated on intake trash bars and dispose of such material on land in an appropriate manner.
- 7.
Special Condition - Reopener Clause This permit l!l&Y be lllOdified or, alternatively, revoked and reissued to comply with any applicable standard(s) or limitation(s) promulgated under Section 30l(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.
0 \\
PERMIT NO. MI000145i Page 8 of 16 PART I Section A.
- 8.
Special Condition - Notification Requirement The discharger shall notify the Chief of the Surface Water Quality Division, in WTiting. within 10 days of knowing, or having reason to believe, that a change in facility operation, sewerage system users, maintenance, or construction has resulted or will restilt in the discharge of:
- a.
Detectable levels* of chemicals on the current Michigan Critical Materials Register or priority pollutants or hazardous substances set forth in 40 CFR 122.21, Appendix D, which were not acknowledged in the application** or listed in the application at less than detectable levels.
- b.
Detectable levels* of any other chemical not listed in the application or listed at less than detection, for which the application specifically requested information.
- c.
Any chemical at levels greater than five times the average level reported
- in the applicatio.n**.
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 B to *Part 136, Federal.Register, Vol. 49, No. 299, October 26, 1984; PP* 43430-31.
- The application submitted on October 20, 1988.
- 9.
Discharge to the Groundwaters The reissuance of this permit does not authCU'ize any discharge to the groundwaters.
Such discharge must be authorized by a groundwater discharge permit issued pursuant to Act 245, Public Acts of 1929, as amended.
- 10.
Special Condition -
Tempera~ure Modifica;ion -
The Michigan Water Resources Commission is considering the necessity of incorporating temperature limitations in this permit to assure that the requirements of Rule 82(1) of the Michigan Water Quality Standards are met.
Therefore, when the consideration of this issue has been completed, the Commission.
may modify this permit in accordance with Part II.B.4. to add appropriate temperature limitations or requirements.
-, \\
- 'PERMIT NO.
~!0001457 e Page 9 of 16 PART I B.
MONITORING AND REPORTING
- 1.
Representative Sampling Samples and measurements taken as required. her*in shall be representative of the volume and nature of the monitored discharge.
- 2.
Reporting:
- a.
DMR Submittal Requirements - The permittee shall submit Discharge Monitoring Report (DMR) forme to the Michigan Department of Natural Resources, Surface Water Quality Division, Data Entry Unit, P.O. Box 30028, Lansing, Michigan, 48909, for each calendar month of the authorized discharge period(s).
The OMR.s shall be postmarked no later than the 10th day of the month f oilowing each month of the authorized discharge period(s).
- 3.
Definitions
- a.
The monthly average discharge is defined as the *total 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.*
commarcial facility occurred~ If the pollutant concentration in any sample is less *than the detection limit, regard that value as zero when calcula~ing monthly average concentration.
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 calendar day.
- c.
The Regional Administrator is defined as the Region V Administrator, U.S.
EPA,c*located at* 230 South
Dearborn,
13th Floor, Chicago, *Illinois*, 60604.
- d.
The Michigan Water Resources Commission is located in the STEVENS T.
~.ASON BUILDING.
The mailing address is P.O. Box 30028, Lansing, Michigan, 48909.
- e.
The Chief of the Surface Water Quality Division~s mailing address is P.O. Box 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 the Act, Wider which such procedures may be required.
.PERMIT NO. MI0001457
~
Page 10 of 16 PART !
Section B.
- 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.
- 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 Qischarge Monitoring 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 fr01ll continuous monitoring instrumentation shall be retained for a minimum of three (3) years,* or longer if requested by the Regional Ad~inistrator or the Michigan Water Resources Commission.
-~ERMIT NO. MI0001457 e Page 11 of l6 PART I C.
SCHEDULE OF COMPLIANCE
- 1.
The permittee shall continue to operate the installed facilities to achieve the effluent limitations specified for outfall 001.
- 2.
The permittee shall achieve compliance with the Short Term Waste Characterization Study requirements specified in Part I.A.4, in accordance with the following schedule.
All submittals shall be to the Chief of the Surface Water Quality Division.
- a.
On or before May 1, 1991, the permittee shall submit and receiye approval of a monitoring, sampling, and analysis plan.
- b.
On or before July 1, 1991, the permittee shall implement the monitoring, sampling, and analysis plan.
- c.
On or before July 1, 1992, the permittee shall have completed all monitoring as required.
- d.
On or before October 1, 1992, t"he permit tee shall submit the analytical results of such monitoring.
- 3.
Reapplication If the discharges authorized by this permit are expected to continue beyond the expiration date of this permit, the permittee is required to submit an application for reissuance to the Chief of the Surf ace Water Quality Division on or before April 3, 1993.
- 4.
. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit to the Chief of the Surface Water Quality Division 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 oJ 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.
. ' PERMIT NO. MI0001457
~
Page 12 of 16 PART II A.
MANAGEMENT REQUIREMENTS
- 1.
Duty to Com.ply All discharges authorized herein shall be consisten~ with the terms and conditions of this permit.
The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit.
It is the duty of the permittee to comply with all the terms and conditions of this permit.
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 modification which will result in new, different. or increased* discharges of pollutants must be reported by submission of a new application or, if such changes will not violate th* effluent limitations specified in this permit. by notice to the Chief of the Surface W~ter Quality Division.
Following such notice. the permit may be modified to specify and limit any pollutant not previously limited.
- 3.
Containment Facilities 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, Part 5.
This requirement is included pursuant to Section 5 of *the Michigan Water Resources Commission Act 245, P.A. of 1929, as amended, and the Part S Rules of the General Rules of the Commission.
- 4.
Operator Certification The permittee shall have the waste treatment facilities under direct supervision of au operator certified by the Michigan Water Resources Commission, as required by Section *6a of the Michigan Act.
- 5.
Noncompliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any daily maximum effluent limitation specified in this permit. the permittee shall provide th* Chief of the Surf ace Water Quality Division with the folloWing information, in writing, within five (S) days of becoming aware of such condition:
- a.
A description of th* discharge and cause of noncompliance; and
- b.
The period of noncompliance, including exact dates and times; or, if not corrected, th* anticipated time th* noncompliance is expected to continue, and the st*P* taken to reduc** eliminate and prevent recurrence of the noncomplying dischari**
PERMIT NO. MI0001457 e Page 13 of 16
- PART II Section A.
- 6.
Spill Notification The permit tee shall iDmlediately report any* spill or. loss of any product, by-product, intermediate product, oils, solvents, waste material, or any other polluting 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 (calls from out-of-state dial l-517-373-8166); and the permittee shall within ten (10) days of the spi~l or loss, provide the state with a full written explanation as to the cause and discovery of the spill or loss, clean-up and recovery measures taken, preventative measures to be taken, and schedule of implementation.
This requirement is included pursuant to Section 5 of the Michigan Water Resources Commission Act 245, P.A. of 1929, 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 con~itions of this perini.t.
- 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, e.xcept (1) where unavoidable to prevent loss of* life, persoual injury, or severe property damage, or (ii) where excessive storm draiuage or runoff would damage any.facilities necessary for compliance with the effluent limitations and prohibitions of this permit.
The
- permittee shall promptly notify the Michigan Water Resources Commission and the Regional Administrator, in writing, of suc;h. divers_ion or_ ~y-pass.
- 10.
Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permitte* shall either:
- a.
Provide an alternative power source sufficient to operate facilities
- utilized by permitt** to maintain compliance with the effluent limitations and ~onditions 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".
- 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 condition* of thi* permit, the permittee shall halt, reduce or otherwise control production and/or all discharge. in order to maintain compliance with th* ef fluene limitations and conditions of this permit.
PERMIT NO. MI0001457 e Page 14 of 16 PART II Section A.
- 11.
Removed Substances Solids, s~udges, filter backwash, or other* poilutants removed from or resulting from treatment or control 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 concentrations or amounts detrimental to the groundwater resource.
- 12.
Upset Noncompliance Notification If 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 Surf ace Water Quality Division by telephone within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of becoming aware of such conditions and within five (S) 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 this permit.
In any enforcement proceedings the permittee, seekin$ 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 the Water Resources Commission, Act 245, P.A. of 1929, as amen~ed, and rules* promulgated thereunder, is not enforceable under the Federal Clean Water Act *regulations.
L
- PERMIT NO. :1!0001457
~
Page 15 of 16 PART II 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 representatives, upon the presentation of 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 tin1es 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 or 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 f acilitias f r0111 which the authorized discharge emanates, the permittaa 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 c~nf idential 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 off ices of the State Water Pollution Control Agency and the Regional Admin~strator.
As required by the Act, effluent data shall not be considered.
confidential.
Knowingly making any false statement on any such report may result in the imposition of criminal penaltie~ 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, th* 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 cond~tion that requires either a temporary or permanent reduction or elimination of th* authorized discharge.
PEf<MIT NO. MI0001457 Pag.6 of 16 PART ll Section B.
5.'
Toxic Pollutants Notwithstanding Part II.B.4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in s-uch 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 gal act.ion or relieve the permit tee from any responsibilities, liabilit.ies, or penalties to which.the permittee may be subject under Section 311 of the Act except as are exempt~d 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-.
- 9.
Property Rights The issuance-of this permit does not co~vey 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 regulationa, 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 provis1ona 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 to other circumstances, and the remainder of this permit, shall not be affected thereby.
- 11.
Notice to Public Utilitie* (Miss Dig)
Th* issuance of this permit doea not exempt the permitt** from giving notice to public utiliti** and complying with each of th* requirements of Act 53 of the Public Acts of 1974, being sectiona 460.701 to 460.718 of the Michigan Compiled Laws, when constructing facilities to meet the terms of this pe~t.
ATTACHMENT 2 Consumers Power Company Palisades Plant Docket 50-255 NOTIFICATION OF CHANGES TO THE PLANTS NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT "Special Groundwater Cleanup Permit" December 17, 1990 14 Pages
MMER*
_wooo A. MATTSON STATE OF MICHIGAN
"~'
mg
~
JAMES J. BLANCHARD. Governor Pc :. NOV 1 9 1990
~~
21 E PIO. L I
- u. STEWART \\!YEAS
~AYMOND POUPOAE DEPARTMENT OF NATURAL RESOURCES /)CC 9StJ-7t'-,,J.~*O.J.*O~
R1029.
3/89 CERTIFIED MAIL Mr. Paul C. Hittle STEVENS T MASON 8UILOING P 0. SOX 30028 LANSING. Ml *8909 OAVIO F HALES. Oorector November 16* 1990:
Director, Environmental Department Consumers Power Company 1945 West Parnall Road Jackson, Michigan 49201
Dear Mr. Hittle:
SUBJECT:
NPDES Permit No. MI00.49131.
Palisades Groundwater Cleanup Your National Pollutant Discharge Elimination System (NPDES) Permit has been processed in accordance with appropriate state and federal regulations. It contains the requireme~ts necessary for you to comply with state and federal water pollution* control laws.
REVIEW THE PERMIT EFFLUENT LIMITS AND COMPLIANCE SCHEDULES CAREFULLY.
These are subject to the criminal and civil enforcement provisions of both state and federal law.
Permit violations are audited by the Michigan Department of Natural Resources.and the United States Environmental Protection Agency and may appear in a published
'quarterly noncompliance. report made availabfe to. agencies and the public.
Your monitoring and reporting responsibilities must be complied with in accordance with this permit.
If applicable, Discharge Monitoring Report forms will be translliitted to you in the near future.
These reports are to be submitted monthly or otherwise as required by your NPDES. permit.
Any reports, notifications, or questions regarding the attached permit or NPDES program should be directed to the following address:
Fred Morley, District Supervisor 621 Norih Tenth Streei P.O. Box 355 Plainwell, Michigan 49080 Telephone: (616) 685-9886
~
Consumers Power Compa *.
Page 2 November 16, 1990 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 Divisio~, respectively.
Enclosure:
Permit Sincerely,
!A)~e. J4cC~
William E. McCracken, P.E.
Chief, Permits Section Surf ace Water Quality Division 517-373-8088 cc:
EPA-Reg~on V (2) 208 Agency *- Southwest Michigan Regional Planning Cotmnission
.PJanni~g... and Sp~c;_ial Pt"ograms_ Section, S.WQD Mr. Fred Moriey - Plainwell District, SWQD (2)
- Mr. Paul Blakeslee, Regional Supervisor, ~egion III, SWQD Compliance and. Enforcement, SWQD Data Entry, SWQD Point Source Studies (Grand Rapids District_ Office),. SWQD
-*Files
j, 0
PERMIT NO. MI0049131 MICHIGAN WATER RESOURCES COMMISSION AuTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq; the "Act"), and the Michigan Water Resources Commission Act, as amended, (Act 245, Public Acts of 1929, as amended, the "Michigan Act"),
Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 is authorized to discharge from a facility. located at 27780 Blue Star Memorial Highway Covert, Michigan 49043 designated as CPCO-Palisades GWCU
/
to the receiving water named Lake Michigan in accordance with effluent limitations, monitoring requirements and other conditions set forth in this permit.
This permit for a new use takes immediate effect on the date of issuance, unless the applicant either administratively or judicially challenges any condition of this permit, in which case the entire permit is stayed and all authorizations explicitly or implicitly contained in the permit cease.
Any person who feels aggrieved by this permit may file a sworn petition with the Executive Secretary of the Michigan Water Resources 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.
During the course of any 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 October 1, 1994.
In order to receive authorization to discharge beyond the date of expiration, the permittee shall submit such information and forms as are required by the Michigan Water Resources Commission to the Permits Section of the Surf ace Water Quality Division no later* than 180 days prior to the date of expiration_.
This permit is based on an application submitted on July 16, 1990.
Issued this 12th day of October
, 1990, by the Michigan Water Resources
.....;;~-=--=-~-<-......;....-.;;_
Commission.
Executive Secretary
PERMIT NO. MI0049131
~ge 2 of 12 PART I A.
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
- 1.
Final Effluent Limitations, Outfall 001 Beginning upon initiation of discharge and lasting until expiration of this permit, the permittee is authorized to discharge four hundred thirty two thousand (432,000) gallons per day of treated groundwater through outfall 001 to Lake Michigan.
Such discharge shall be limited and monitored by the permittee as specified below:
Discharge lbs/day Effluent Characteristic Monthly Daily Average Maximum Purgeable Halocarbons Trichloroethene Tetrachloroethene Outfall Observation Limitations Other Limitations Monthly Daily Average Maximum (report)
(report)
(report) 10 ug/l 3 ug/l (report)
Monitoring Requirements Measurement Sample Frequency Type Daily Monthly Daily Report Total Daily Flow Grab Grab
- a.
Purgeable Halocarbons shall be analyzed using U.S. EPA "Test Method 601, or an equivalent test method approved by the Plainwell District Supervisor of the Surface Water Quality Division. If treatment other than air stripping is proposed, the permittee shall amend the application received July 16, 1990.
The permit may be modified to include additional effluent limitations to protect water quality.
- b.
The receiving stream shall contain no unnatural turbidity, color, oil film, floating solids, foams, settleable solids, or deposits as a result of this discharge.
c..
Samples; measurements~ and observations taken in compliance with the monitoring requirements above shall be taken at outfall 001 after treatment and prior to mixing with any other water streams.
- d.
Any, unusual characteristics of -the discharge (i.e., unnatural turbidity, color, oil film, *floating solids, foams, settleable solids, or-deposits) shall be reported immediately to the Plainwell District Supervisor of the Surf ace Water Quality Division followed with a written report within 5 days detailing the findings of the investigation and the steps taken to correct the condition.
- e.
In the event the permittee shall require the discharge of water treatment additives, the permittee shall notify the Plainwell District Supervisor.of the Surface Water Quality Division *. The permittee shall obtain written approval from the Plainwell District Supervisor to discharge such additives at a specified level.
The permit may be modified in accordance with the requirements of Part II.B.4. if a constituent of the additive or additives requires limiting.
. '. t I,.,
.PERMIT NO. MI0049131 9age 3 of 12 PART I Section A.
- 2.
Special Condition - Basis of Design, Plans and Specifications, and an Operations and Maintenance Manual Best Available Treatment (BAT) is an air stripper treatment system, or equivalent.
Prior to construction of the treatment system, the permittee shall receive the approval of the Plainwell District Supervisor of the Surface Water Quality Division for: a basis of design, and plans and specifications.
Prior to discharge, the permittee shall receive the approval of an operations and maintenance manual for the proposed treatment system.
The operations and maintenance manual shall include a sampling program, consistent with the approved design, for influent and effluent testing.
The sampling program shall, upon approval, be considered a condition of this permit.
- 3.
Special Condition - Notification Requirement The permittee shall notify the Plainwe~l District Supervisor of the Surf ace Water Quality Division, in writing, within 10 days of knowing, or having reason-to believe, that any activity or change has occurred or will occur which would result in the discharge of:
- a.
Detectable levels* of chemicals on the current Michigan Critical Materials Register or priority pollutants or hazardous substances set forth in 40 CFR 122.21, Appendix D, which were not acknowledged in the application** or listed in the application at-less than detectable levels.
- b.
Detectable levels* of any other chemical not listed in the application or listed at less than detection, for which the application specifically requested in!ormation.
c.. Any chemical at levels greater than five times the average level reported in the application***
Any other monitoring results obtained as a require~ent of this permit shall be reported in accordance with the schedule of compliance.
- The detectable level *shall be defined as the Method Det~ction Limit (MDL) as given in Appendix B to Part 136, Federal Register, Vol. 49, No. 209, October 26,* 1~84, pp. 43430-31.
- The application submitted on July 16, 1990.
,PERMIT NO. MI0049131
~age 4 of 12 PART I Section A.
- 4.
Special Condition - Reopener Clause 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.
S.
Special Condition - Discharge to the Groundwaters Tilis site is a known source of groundwater pollution.
Tile issuance of this permit does not authorize any discharge to the groundwaters or venting of contaminated groundwaters to the surf ace waters, nor does it constitute a release of liability for any groundwater contamination at or around the site. Tile State reserves its rights to seek remedies to abate any groundwater contamination.*
I/
t
~
P.ERM1T. NO. M10049131 ege 5 of 12 PART I 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:
- a.
DMR. Submittal Requirements - The permittee shall submit Discharge Monitoring Report (DMR) forms to the Michigan Department of Natural Resources, Surface Water Quality Division, Data Entry Unit, P.O. Box 30028, Lansing, Michigan 48909, for each calendar month of the authorized discharge period.(s).
The DMRs shall be postmarked no later than the 10th day of the month following each month of the authorized discharge period(s).
- 3.
Definitions
- a.
The monthly average discharge is defined as the total 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 occurred. If the pollutant concentration in any sample is less than the detection limit, regard that value as zero when calculating monthly average concentration.
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 calendar day.
- c.
The.Regional Administrator is defined as the Region V,Administrator, U.S.
EPA, located at* 230 South
Dearborn,
13th Floor, Chicago, Illinois 60604.
- d.
The Executive Secretary of the Michigan Water Resources Commission is located in the KNAPP'S OFFICE CENTRE.
The mailing address is P.O. Box 30028, Lansing, Michigan 48909.
- e.
The Chief of the Surface Water Quality Division's mailing address is P.O. Box 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 the Act, under which such procedures may be required.
'r ( *
~l
.~ERmT NO. MI0049131
.age 6 of 12 PART I Section B S.
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 measurement or sampling;
- b.
The person(s) who performed the measurement or sample collection;
- c.
The dates the analyses were performed;
- d.
The person(s) who performed the analyses;
- e.
The analytical techniques or methods used;
- f.
The date of and person responsible for equipment calibration; and g,
The results of all required analyses *.
- 6.
Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated her.ein 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 Discharge Monitoring 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 retaiJ:1,~d.£:or a minimum of three (3) years, or longer if requested by the Regionai Administrator or the MichigaD,:Water Resources Commission.
.i..'
1..:.*
- ~
. fERMIT NO. MI004913 l
.age 7 of 12 PART I C.
.SCHEDULE OF COMPLIANCE
- 1.
- Prior to the commencement of discharge, the permittee shall notify the Plainwell District Supervisor of the Surface Water Quality Division:
- 2.
Prior to construction of the proposed treatment system, the permittee shall receive approval from ehe Plainwell District Supervisor of the Surface Water Quality Division for the basis of design and plans and specifications. Prior to discharge, the permittee shall receive approval from the Plainwell District Supervisor for an operations and maintenance manual, as required by Part I.A.2.
- 3.
If the discharges authorized by this permit are expected to continue beyond the expiration date of this permit, the permittee is required to submit an application for reissuance to the Chief of the Permits Section of the Surf ace Water Quality Division on or before April 1, 1994.
- 4.
Within 14 days of every requirement date specified in this permit, the permittee shall submit a written notification to the Plainwell District Supervisor of the Surface Water Quality Division indicating whether or not the particular requirement was accomplished. If the requirement was not accomplished, the notificatio~ shall include an explanation of the failure to accomplish the requirement, actions taken or planned by the permittee to correct the situation, and an estimate of when the requirement will be accomplished.
If a written report is required to be submitted by a specified date and th.e permittee accomplishes this, a separate written notification is not required.
't "f'
P'ERMIT NO. MI004913l 9ge 8 of 12 PART II A.
MANAGEMENT REQUIREMENTS
- l.
Duty to Comply All discharges authorized herein shall be consistent with the terms arid conditions of this permit.
Tite discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a vioiation of the permit.
It is the duty of the permittee to comply with all the terms and conditions of this permit.
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 modification which will result in new, different, or increased discharges of pollutants must be reported by submission of a new application to the Chief of the Permits Section of the Surface Water Quality Division or, if such changes will not violate the effluent. limitations specified in this permit, by notice to the Plainwell District Supervisor of the Surface Water Quality Division.
Following such notice, the permit may be modified to specify and limit any. pollutant not previously limited.
- 3.
Containment Facilities The permittee shall provide facilities for containment of any accidental losses of concentrated solutions, acids, alkalies, salts, oils1 or other polluting materials in accordance with the requirements of the Michigan Wate.r Resources Commission Rules, Part 5.
This requirement is included pursuant to Section 5 of the Michig~n Water Resources Commission Act 245, P.A. of 1929, 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 supervision of an operator-certified by the Michigan Department of Natural Resources, as required by Section 6a of the Michigan Act.
- 5.
Noncompliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any daily maximum effluent limitation specified in this permit, the permittee shall provide the Plainwell District Supervisor of the Surf ace Water Quality Division with the following information, in writing, within five (5) days of becoming aware of such condition:
- a.
A description of the discharge and cause of noncompliance; and
- 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 taken to reduce, eliminate and prevent recurrence of the noncomplying discharge.
't.
tJ*
/)
.*~
- i'ERMrT NO. MI0049 l 3 l
-ge 9 of 12 PART II Section A.
- 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 polluting substance which occurs to the surf ace waters or groundwaters of the state by calling the Department of Natural Resources 24-hour Emergency Response telephone number, 1-800-292-4706 (calls from out-of-state dial 1-517-373-8166); and within ten (10) days of the spill or loss, the permittee shall submit to the Plainwell District Supervisor of the Surface Water Quality Division a full written explanation as to the cause and discovery of the spill or loss, clean-up and recovery measures taken, preventative measures to be taken, and schedule of implementation.
This requirement is included pursuant.to Section 5 of the Michigan Water Resources Commission Act 245, P.A. of 1929, 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 surf ace 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 (a) where unavoidable to prevent loss of life, personal-injury, or severe property damage; or (b) 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 Plainwell District Supervisor of the Surf ace Water Quality Division and the Re$ional Administrator, in writing, of such diversion or by-pass.
- 10.
Power Failures In order to maintain compliance with the effluent limitations and prohibitions I
of this permit, the permittee shall either:
- a.
Provide an alternative power source sufficient to operate facilities utilized by the permittee to maintain compliance with the effluent limitations 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".
- b.
Upon the reduction, loss, or failure of one or more of the primary sources of power to facilities utilized by the peraiittee to maintain compliance with the effluent limitations and conditions of this permit, the permittee shall halt, reduce or otherwise control production and/o.r all discharge in order to maintain compliance with the.effluent limitations, and conditions
- of this permit.
- ~ERMIT NO. MI0049131.
eage 10 of 12 PART II Section A.
- 11.
Removed Substances Solids, sludges, filter backwash, or other pollutants removed from or resulting from treatment or control 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 concentrations or amounts detrimental to the groundwater resource.
- 12.
Upset Noncompliance Notification If a process "upset" (defined as an exceptional incident iil 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 Plainwell District Supervisor of the Surface Water Quality Division by telephone within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of becoming aware of 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 this 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 inclµded -~nder the unique terms of the Water Resources Commission, Act 245, P.A. of 1929, as ameUded, alid *rules pr0mulgated thereunder, is not enforceable under the Federal Clean Water Act regulations.
~.::_,,..
i!,,.. J'E'RMIT NO. MI004913 l eage 11 of 12 PART II 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 representatives, upon the presentation of 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 or 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 di~charge emanates, 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 Plainwell District Supervisor of the Surface Water Quality Division and the Regional Administrator *
. 3.
Availability of Reports Except for data determined to be confidential under Section 308 of the Act and Rule 212a*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 Agency and the Regional Administrator.
As required by the Act; effluent data shall not be considered confidential.
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, ~r revokQd ~n 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.
-4.) ::.:t* -*"
Age 12 of 12
-j,\\C
_, 'PERMIT,NO. MI0049131
- PART II Section B.
- 5.
Toxic Pollutants Notwithstanding Part II.B.4. above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a t'oxic 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., pursuant to 40 CFR 122.4l(m)) and 0 Upset" (Part II.A.12., pursuant to 40 CFR 122.4l(n)),
nothing in this permit shall be construed to relieve the permi.ttee from c*ivil 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 responsibilitie_s, liabilities, ~r penalties established pursuant to any.applicable State law or regulation.under
~~t11ority_pt;eservedby Section 510 of the Act.
- 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 to other circumstances, and the remainder of this permit, shall not be affected thereby.
- 11.
Notice to Public Utilities (Miss 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 Michigan Compiled Laws, when constructing facilities to meet the terms of this permit.