ML18058B011
| ML18058B011 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 08/14/1992 |
| From: | Donnelly P CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| NUDOCS 9208210123 | |
| Download: ML18058B011 (20) | |
Text
consumers Power POW ERi Nii MICHlliAN'S PRDliRESS Palisades Nuclear Plant: 27780 Blue Star Memorial Highway, Covert, Ml 49043 August 14, 1992 Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 DOCKET 50-255 - LICENSE DPR PALISADES PLANT - NOTIFICATION OF REVISION TO THE PLANT'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT The Palisades Environmental Protection Plan, Section 3.2, requires that changes to NPDES permits be reported to the NRC.
Our June 11, 1991 letter to the NRC clarified the timing of these submittals. Attached is a copy of the latest revision to the plants NPDES permit (MI 0001457).
This revision allows the intermittent use of Nalco Acti-Brom as a preventative control of zebra
,4~tions.
Patrick M. D~
Safety and Licensing Director CC Administrator, Region III, USNRC NRC Resident Inspector - Palisades Attachment 200063
/-----92002£012 92osf4 --------~\\
PDR ADOCK 05000255 p
ATTACHMENT Consumers Power Company Palisades Plant Docket 50-255 Notification of Revision to the Plant's National Pollutant Discharge Elimination System (NPDES) Permit August 14, 1992 18 Pages
R 1026 xc_*~-
STATE OF MICHIGAN
. 'l>>CK JUL 2 0 '992 JOHN ENGLER. Governor PAUL EISELE GORDON E. GUYER JAMES P HILL DAVID HOLLI DEPARTMENT OF NATURAL RESOURCES
- 0. STEWART MYERS JOEY M. SPANO Stevens T:Mason Bu1ld1ng, P.O. Bo* 30028. Lansing, Ml 48909 ROLAND HAAMES. Director CERTIFIED MAIL Mr. Paul C. Hittle, Director Environmental Department Consumers Power Company 194'5 West Parnall Road Jackson, Michigan 49201
Dear Mr. Hittle:
July 17, 1992
SUBJECT:
NPDES Permit No. MI0001457 Palisades Power Plant, Covert 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 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 available to agencies and the public.
Your monitoring and reporting responsibilities must be complied with in ~ccordance 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 di-rected* to the following -address.:
Fred Morley, District Supervisor 621 North Tenth Street P.O. Box 355 Plainwell, Michigan 49080 Telephone: (616) 685-9886
£LF
- Consumers Power Company Page 2 July 17, 1992 NOTE:
All references within this permit made to the Water Quality Division or Chief of the Water Quality Division are to ref er to the Surface Water Quality Division or Chief of the Surface Water Quality Division, respectively.
Enclosure:
Permit cc:
EPA-Region V (2)
Sincerely, tUdiU11<-t:~. ;lk~
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. Fred Morley - Plainwell District, SWQD (2)
Mr. Paul Blakeslee, Regional Supervisor, Region III, SWQD Data Entry, SWQD Point Source Studies (Grand Rapids District Office), SWQD Files
PcflMIT NO. MI0001457
'\\
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 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 modified permit takes effect on the date of issuance.
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 perm.it 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 term shall be stayed until the Commission takes its final action. If a contested condition is a. requirement placed on wastewater covered by a new or increased discharge authorization, such increased discharge authorization shall be stayed until the Commis.sion takes 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 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, 1993.
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 Surface Water Quality Divisiol) no later than 180 days prior to the date of expiration.
This permit is based on an application submitted on October 20, 1988, a~ amended through April 3, 19-91.
On its -effective date this modified permit shall supersede NPDES Permit No. MI0.001457, July 19, 1990 and modified August 7, 1991.
Issued this 19th day of July, 1990, modified this 7th day of August, 1991, and modified this 24th day of June, 1992, by the Michigan Water Resources Commission.
do.~-
Executive Secretary
e PERMIT NO. MI0001457 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 effective 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:
Discharge Limitations lbs/day Other Limitations Ef -*1uent Characteristic Monthly Daily Monthly Daily Average Maximum Average Maximum Flow (MGD)
(report)
(report)
Total Residual Oxidant (TRO)**
During Chlorination -
No Bromine Use Discharge Mode Continuous (greater than 120 min/day)
Intermittent (less than/equal to 120 min/day) 6/1-9/30 100 ug/l 10/1-5/31 50 ug/l During Bromine Use Discharge Mode 36 ug/l 200 ug/l 200 ug/l Monitoring Requiremen~s Measurement Sample Frequency Type Daily Daily Daily Daily Report Total Daily Flow Grab Grab Grab Intermittent (less than/equal to 120 min/day) 50 ug/l Daily Grab (The discharge of bromine shall not exceed 120 minutes/day.)
TRO Discharge Time (minutes/day)
(report)
Daily Outfall Observation Daily pH (Standard Units) 6.0 9.0 Daily (Daily Min._)
Heat Addition (BTU/hr) 2.1 x 10 9 Daily Temperature ( °F)
(report)
Daily
- The flow is not a limitation on rate or quantity of discharge.
Report Total Application Time Visual Grab Calculation Continuous
TRO monitoring is only required during periods of chlorine or bromine use and subsequent discharge.
(continued)
PE~IT NO, MI0001457 Page 3 of 16 PART I Section A.1 (continued)
During the intermittent discharge of chlorine without bromine ("During Chlorination -
No Bromine Use" limitations given above), the daily maximum value reported for TRO shall be the average of a minimum of 3 equally spaced grab samples taken during a chlorine discharge event, with the additional limitation that no single sample may exceed 300 ug/l.
During the intermittent discharge of bromine with or without chlorine ("During Bromine Use" limitations given above), the daily maximum value reported for TRO shall be the maximum of at least 3 equally spaced grab samples taken during a bromine discharge event (no single sample may exceed 50 ug/l).
The permittee shall enter a zero ("O") on the Discharge Monitoring Report for the TRO discharge modes not being used.
The permittee may use dehalogenation techniques to achieve the applicable TRO limitations, using sodium thiosulfate, sodium sulfite, sodium bisulfite, or other dehalogenating reagents approved by the Plainwell District Supervisor.
The quantity of reagent(s) used shall be limited to 1.5 times the stoichiometric amount of applied chlorine/bromine oxidant.
The pe~ittee shall report monthly the quantity of each dehalogenation reagent used per day.
- 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 (3 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 Office 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 Surf ace Water Quality Division, the permittee 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.
e e
PE~IT NO. MI0001457 Page 4 of 16 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 OOC - cooling tower blowdown (86 mgd)*
Report Total Daily Flow Flow (MGD)
Daily Report Total Daily Flow OOD - radwaste wastewater (0.1 mgd)*
Flow (MGD)
Total Suspended Solids Total Phosphorus (as P) 30 mg/l OOE - Neutralizer tank wastewater (0.1 mgd)*
Flow (MGD)
Total Suspended Solids 30 mg/l OOF - turbine sump oil separator
& volume reduction system (0.1 mgd)*
Flow (MGD)
Oil & Grease 15 mg/l 100 mg/l 2 mg/l 100 mg/l 20 mg/l Per Batch Report Total Daily Flow Per Batch Grab Per Batch**
Grab Per Batch Report Total Daily Flow Per Batch Grab Daily Report Total Daily Flow 2 x Monthly Grab
- The above flows are not a limitation on rate or quantity.of discharge.
- Phosphorus mohitoring is required only during discharge of batch laundry waste.
.PERMIT NO. MI0001457 Page 5 of 16 PART I Section A.2 (continued)
- a.
Samples, measurements, and observations taken in cotiipliance 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 permittee 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. MI0001457 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, floating solids, foams, settleable solids or deposits) shall be reported immediately to the Plainwell District Office of the Surface 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
PERM:I-T-Ne-. MIOOO-l-4~7--------------------op..-a"g..-e-, orl PART I Section A.
- 4.
Special Condition - Boron Monitoring The permittee shall monitor the discharge of steam generator blowdown for boron on a one time basis when steam generator blowdown is routed directly to the mixing basin.during a boron soak.
This condition may occur when a steam generator boron soak is in progress and there is a need for an immediate steam generator blowdown over a short period of time (i.e., less than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />).
Analysis should be conducted using the ASTM Mannitol Titration Method with a detection level of 1 mg/l.
Discharge concentrations of boron through outfall 001 should be calculated based on mass balance.
This monitoring is designed to determine whether this constituent will be discharged in significant quantities.
The results of the analysis of such monitoring shall be submitted to the Plainwell District Supervisor of the Surface Water Quality Division within 60 days of the event. If, upon review of the analysis, it is determined that this constituent requires limiting to protect the receiving waters tn 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.
- 5.
Special Condition - PCB Prohibition Effective upon the date of issuance of this permit the permittee shall not discharge any polychlorinated biphenyls to the receiving waters of the State of Michigan as a result of plant operations.
- 6.
Special Condition - 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 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 may be modified 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 permi~.
PART I Section A.
- 8.
Special Condition - Notification Requirement The discharger shall notify the Chief of the ~urface Water Quality Division, in writing, 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 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 information.
- c.
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 B to Part 136, Federal Register, Vol. 49, No. 209, 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 authorize 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 - Temperature Modification The Michigan Water Resources Commission is considering the necessity of incorporating t~mperature 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, th~ Commission may modify this permit in accordance with Part II.B.4. to add appropriate temperature limitations or requirements.
- -. PEIIBIT-NO-. HrOO"OT45 Page 9 of 16 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 DMR.s 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 Michigan Water Resources Commission is located in the STEVENS T. MASON 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, under which such procedures may be required.
- PBRMIT NO. MI0001457 Page 10 of 16 PART I 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 poliutant 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 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 retained for a minimum of three (3) years, or longer if requested by the Regional Administrator or the Michigan Water Resources Commission.
'PERMIT NO. MIOOO 145 7 Page 11 of 16 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.
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 Surface Water Quality Division on or before April 3, 1993.
- 3.
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 no'ncompliance.
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.
PERMIT NO. MI0001457 Page 12 of 16 PART II A.
MANAGEMENT REQUIREMENTS
- 1.
Duty to Comply All discharges authorized herein shall be consistent with the terms and conditions of this permit.
The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized 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 the effluent limitations specified in this permit, by notice to the Chief 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, 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 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 Water Resources Commission, as required by Section 6a of the Michigan Act.
S.
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 Chief of the Surface 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.
- PERMIT NO. MIOOO 145 7 Page 13 of 16 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 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 1-517-373-8166); 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, 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 conditiorts 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 unavoidable 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 Michigan 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 prohibitions of this permit, the permittee shall either:
- a.
Provide an alternative power source sufficient to operate* facilities utilized by 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 permittee to maintain compliance with the effluent limitations and conditions of this permit, the permittee shall halt, reduce or otherwise c9ntrol production and/or all discharge in order to maintain compliance with the effluent limitations and conditions of this permit.
-PEftMIT NO. MI0001457 Page 14 of 16 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 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 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 included under the unique terms of the Water Resources Commission, Act 245, P.A. of 1929, as amended, and rules promulgated thereunder, is not enforceable under the Federal Clean Water Act regulations.
y
~
~pEP~'1IT NO. MIOOO 145 7 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 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 discharge 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 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 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, 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.
--~-PEP.MIT "No. MI0001457 Page 16 of 16 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 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.
- 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.