ML18086A870

NPDES Permit NJ0005622 Issued to Public Svc Electric & Gas Co of Nj

ML18086A870
Person / Time
Site:	Salem
Issue date:	07/15/1981
From:	Moralessanchez ENVIRONMENTAL PROTECTION AGENCY
To:
Shared Package
ML18086A869	List: ML18086A868 ML18086A870
References
NJ-0005622, NJ-5622, NUDOCS 8108170071
Download: ML18086A870 (31)

Text

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NPDES PERMIT NO. NJ 0005622

, AUTHORIZATION TO DISCHARGE U~DER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM By authority of Richard Dewling, Acting* Regional Administrator, Region II U.S. Environmental Protection Agency ("EPA"), and in compliance with the provisions of the Clean Water Act, as amended, 33 U.S.C. §1251 et ~* (the 11 Act 11 ) ,

Public Service Electric & Gas Company 80 Park Place Newark, New Jersey 07101 hereinafter referred to as "the Permittee" is authorized to discharge from a facility located at Salem Nuclear Generating Station Hancock Bridge, New Jersey to receiving waters named Delaware River in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts I, II, and II I hereof.

This.permit shall become effective on July 15 , 1981.

This permit and the authorization to discharge shall expire at midnight, September 30, 1981.

Signed this /fl°>\ day of }5, J)S-)~

A. l.EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning July 15 , 1981 and lasting through Septe~ber 30, 1981 the permittee is authorized to discharge from outfall (s) serial number(s) 48 C.

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

Effluent Characteristic GROSS Discharge Limitations Monitoring Requirements kgs/day(lbs/day) other units(specified)

Measurement Sample Avg. Monthly Max. Daily Avg. Monthly Max. Daily Frequency Type Flow-m 3/Day (MGD)

TSS N/A 27.8(61.2)30 N/A 185(408)100 N/A 30 mg/l N/A 45 mg/l** Monthly 24 hr. Composite e

Oil and Grease 13.9(30.6)15 37(81.6)20. N/A 10 mg/l Monthly Grab Total Iron 1.85(4.08)1.0 1 . 85 ( 4. 08) l . 0 N/A N/A Monthly 24 hr. Composite Total Copper 1.85(4.08)1.0 1.85(4.08)1.0 N/A 0.2 mg/l Monthly 24 hr. Composite Petroleum Hydrocarbons* N/A N/A N/A N/A Monthly Grab Total Zinc N/A N/A N/A 0.6mg/l Monthly 24 hr. Composite Ammonia N/A N/A 30 mg/l N/A Monthly Grab

• Monitoring of Petroleum Hydrocarbons shall utilize the Federal EPA Environmental Monitoring and Support Laboratory Method (freon extraction - silica gel adsorption - infrared measurement).

• • This is a 7-day average.

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The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and .

0 shall be monitored twice per week. The sample type for this parameter shall be grab and taken 2

at the plant outfall. c....

There shall be no discharge of floating solids or visible foam in other than trace amounts 0 attributable to plant operation. 0 0

Samples taken in compliance with the monitoring requirements specified above shall be taken at the U1 CTI N

following location(s): 48 C. N

A.2. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning *July 15 ,. 1981 and lasting through September 30, 1981 the permittee is authorized to discharge from outfall(s) serial number(s) 487 and 489.

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

Effluent Characteristic GROSS Discharge Limitations Monitoring Requirements kgs/day(lbs/day} other units(specified)

Measurement Sample Avg. Monthly Max. Daily Avg. Monthly Max. Daily Frequency Type Flow-m 3/Day (MGD) *N/A N/A N/A N/A 10 Monthly Grab e

Oil and Grease N/A N/A N/A Total Suspended Solids N/A N/A 30 100** Monthly Grab Petroleum Hydrocarbons* N/A N/A N/A N/.ll, Monthly Grab Temperature oc (oF) N/A N/A N/A 43. 3 ( 110) Monthly Grab

• Monitoring of Petroleum Hydrocarbons shall .utilize the Federal EPA Environmental Monitoring and Support Laboratory Method (freon extraction - silica gel adsorption - infrared measurement).

• • Total Suspended Solid shall not exceed 45 mg/l on a 7-day average.

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z The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and .

0 shall be monitored monthly by grab samples. :z c.....

0 There shall be no discharge of floating solids or visible foam in other than trace amounts 0 attributable to plant operation. 0 U"1 en Samples taken in compliance with the monitoring requirements specified above shall be taken at the N N

following location(s): 487 and 489.

A.3.EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning July 15 , 1981 and lasting through September 30, 1981 the permittee is authorized to discharge from outfall(s) serial number(s) 487 A.

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

Effluent Characteristic NET Discharge Limitations Monitoring Requirements kgs/day(lbs/day) other units(specified)

Measurement Sample Avg. Monthly Max. Daily Avg. Monthly Max. Daily Frequency Type Flow-m 3/Day (MGD}

Oil and Grease Total Suspended Solids***

BOD5

• N/A N/A N/A N/A N/A N/A N/A 2.14(0.97)

N/A N/A 30 30*

.N/A 10 100***

45*

Monthly Monthly Monthly Grab 24 hr. Comp.

24 hr. Comp.

Fecal Coliform N/A N/A 200 MPN/lOOml** 400 MPN/100 ml** Monthly Grab Temperature oc (OF) N/A N/A N/A 43. 3( 110) Monthly Grab

• This average shall be the arithmetic mean over a 30 consecutive day period and the maximum shall be the arithmetic mean over a 7 consecutive day period.

• • This average shall be the geometric mean*over a 30 consecutive day period and the maximum shall be the geometric mean over a 7 consecutive day period.

• • • Total Suspended Solids shall not exceed 45 mg/l on a 7 day average.

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The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and sha 11 be man ito red monthly by grab samp 1es.

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There shall be no discharge of floating solids or visible foam in other than trace amounts 0

attributable to plant operation. 0 0

Samples taken in compliance with the monitoring requirements specified above shall be taken at the U1 Ol following location(s): 487 A. N N

A. 4EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning Ju"ly 15 , 1981 and lasting through September 30, 1981 the permittee is authorized to discharge from outfall(s) serial number(s) 481, 482, 483, 485, 485 and 486.

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

Effluent Characteristic NET Discharge limitations Monitoring Requirements kgs/day(lbs/day) other units(specified)

Measurement Sample Avg. Monthly Max. Daily Avg. Monthly Max. Daily Frequency Type Flow-m 3/Day (MGD)

Total Suspended Solids N/A N/A N/A N/A N/A 30 mg/l*

N/A.

N/A Monthly Grab e

Oil and Grease N/A N/A N/A 10 mg/l Monthly Grab

• Total Suspended Solids shall not exceed 45 mg/l on a 7-day average.

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z The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and .

0 shall be monitored bi-weekly by taking grab samples. :z c...

0 There shall be no discharge of floating solids or visible foam in other than trace amounts 0 0

attributable to plant operation. . U1 O"I Samples taken in compliance with the monitoring requirements specified above shall be taken at the N N

following location_(s): at the outfall of. Discharge Serial Nos. 481, 482, 483, 484, 485 and 486.

... ( e PART I Page 5 a Permit No. NJ 0005622 A.s. Thermal Limits (a) Initial Limitations Unless specified otherwise in Conditions A.4. (b)., the following conditions apply on the effective date of this permit and last for the duration of the permit.

(1) The permittee shall discharge condenser cooling water effluent such that the following conditions are satisfied:

Discharge No. Effluent Limit 481,482,483,484,485,486 (a) The disch~rge temperature shall not exceed 460C (1150F).

481,482,483,484,485,486 ( b )_ The discharge-intake temperature difference shall not exceed 15.30C (27. 50F).

Sum of:

481,482,483,484,485,486 (c) The net rate of addition of heat to the receiving water shall not exceed 4.12 x 109 kilocalories per hour (16.3 x 109 BTU/hr.).*

481,482,483,484,485,486 (d) The pH shall not be less than 6.0 nor greater than 9.0 at any time.**

• The net amount of heat per unit time is determined by the product of the heat capacity, discharge flow and discharge-intake temperature difference.

• • When the intake pH is less than 6.0, the discharge pH shall not be less than the intake pH; when the intake pH is greater than 9.0, the discharge pH shall not exceed the intake pH.

e PART I Page 6 Permit No. NJ 0005622 A.5(b) Required.Tflennal LimHs The pennittee shall comply with the the following requirements by September 30, 1982 unless the Regional Administrator and State Certifying Agency determine that the permittee's proposed alternative thermal effluent '

limitations will assure a balanced indigenous population of shellfish *-

and wildlife in and on the body of water:

(1) There shall be no discharge of heat from the main condensers of the Salem Nuclear Generating Station except heat may be discharged in blowdown from recirculated cooling water systems provided the temperature at which the blowdown is discharged does not exceed at any time the lowest temperature of recirculated cooling water prior to the addition of make-up water.

(2) The permittee shal 1 discharge cooling system effluents such that i.

the following conditions are satisfied: r I-f t-

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Discharge No. Thennal Effluent Limits I*

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481,482,483,484,485,486 (a) Discharge temperature shall not ,.:

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exceed 37oc (990F).

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Sum of: *j  :..:*:

481,482,483,484,485,486 (b) The net amount of heat per unit  ;

time added to the receiving water i shall not exceed:

(i ) 4.3 x 108 kilocalories per hour (1.7 x 109 BTU/hr.)*

(June - September).

(ii)* 3.7 x 108 kilocalories per hour (1.5 x 109 BTU/hr.).*

(October - May) .

(3) Monitoring Requirements for Discharge Nos. 481, 482, 483, 484, 485, and 486.

a. Discharge and intake temperatures shall be monitored continuously.

b. The pH shall be monitored twice weekly by taking grab sample.

c. The flow of condenser cooling water discharges shall be monitored and recorded by continuous recording of the operating mode of the circulating water pumps.

• The net rate of addition of heat is aetermined by the product of the heat capacity; discharge flow and discharge-intake temperature difference.

( ~-- PART I Page 7 Permit No. NJ 0005622 A.5(c) Water Quality Limitations*

The. discharge shall not cause the following criteria to be exceeded in the

• Delaware River, as provided for in the Surface Water Quality Standards:

The discharge shall not cause the Delaware River to:

( 1) Be raised above ambient by more than 40f (2.2oc) during September through May nor more than l.5°F (o.a 0 c) during June through August, nor shall maximum temperatures exceed 86°F (30.QOC). Temperatures shall be measured outside of designated heat dissipation areas.

(2) The-limitations specified above may be exceed in designated heat dissipation areas by special pennission on a case-by-case basis, subject to the following conditions:

(a) Heat dissipation areas shall not be longer than 3,500 feet, measured from the point where the waste discharge enters the stream.

(b) Where waste discharges would result in heat dissipation areas in such close proximity to each other as to impair protected uses, additional limitations may be prescribed to avoid such impairment. -~

(c) The rate of temperature change in designated heat dissipation areas shall not cause mortality of fish or shellfish.

(d) The rate of temperature change outside designated heat dissipation areas shall not cause mortality of fish or shellfish.

(e) . The determination of heat dissipation areas shall take into special consideration the extent and nature of the receiving waters so as to meet the intent and purpose of the criteria and standards including provision for the passage of free-swimming and drifting organisms so that negligible or no effects are produced on their populations.

• In order to assure the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife, thermal limit-ations based upon load allocations and other factors may be imposed and/or appropriate mixing zone dimensions may be defined (if not already done so).

PART I Page 8 Permit No. NJ 0005622 A.~ Other Effluent Limitations and Monitoring Requirements

1. Concentrations of Free Available Chlorine in waste water discharged at the plant outfall from non-recirculating and recirculating cooling water systems shall not exceed an average of 0.2 mg/l and an instantaneous maximum of 0.5 mg/l. Neither free available nor total residual chlorine may be discharged from a single individual circulating water circuit for longer than a thirty minute period, and not more than three time a day.

Chlorination of more than three of the twelve circulating water intakes at one time shall not be permitted. The Free Available Chlorine shall be mon-itored continuously during chlorination periods at the plant outfalls. *

2. No Oil and Grease noticeable in the water, deposited on the shore or on the aquatic substrata in quantities detri-mental to the natural biota, and none which would render the receiving water body at the point of discharge unsuit-.

able for its designated uses; furthermore, due to operations at the plant, the effluent at the outfall shall have no visible sheen, nor shall the concentration of oil exceed ~

15 mg/1 as an average and 20 mg/l as a maximum on a daily basis.

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• PART I Page 9 Permit No. NJ 0005622 A.7. Limitations and Monitoring Requirements for Corrosion Inhibitors

1. The concentration of SC-22 at the outlet of Discharge Nos. 484, 485 and 486 shall not exceed 0.25 mg/l at all the times.

2. The concentration of BD-5 at the outlet of Discharge Nos. 484, 485 and 486 shall not exceed 5 mg/l at all the times.

3. The amount of SC-22 and BD-5 uses shall be recorded daily.

4. The concentration of SC-22 and BD-5 in the cooling water system shall be calculated.and . reported*:

5. The procedure for assuring compliance with the above limitations shall be submitted to EPA prior to discharge.

6. The permittee shall conduct for 96 hour0.00111 days <br />0.0267 hours <br />1.587302e-4 weeks <br />3.6528e-5 months <br /> static acute bioassays using the locally abundant mysid shrimp, Neomysis americana under maximum discharge concentration -j condition of SC-22 and BD-5 within 30 days after the use of these two compounds. Bioassay results shall be reported to EPA within 20 days after completion of the tests.

7. The daily maximum and monthly average concentrations of SC-22 and BD-5 in the cooling system shall be summarized and reported dn the Discharge Monitoring Report Form (EPA No. 3320.1).

8. The total number of discharges of CI-50 shall not exceed 30 discharge occurrences prior to the operation of Salem Unit #2.

PART I Page 10 Pennit No. NJ 0005622 A.8. STATE CERTIFICATION REQUIREMENTS

1. The permittee shall discharge so as not to violate Surface Water Quality Standards for the Delaware River Zone 5, N.J.A.C. 7:9-4 et~., including, but not limited to, the following:

A. Floating, Suspended, Colloidal and Settleable Solids; Oil, Grease, Color and Turbidity:

1. None noticeable in the water or deposited along the shore or on the aquatic substrata in quantities detri-mental to the natural biota. None which would render the waters unsuitable for the designated uses.

2. Maximum 30-day average of 40 Nephelometric Turbidity Units (NTU), a maximum of 150 NTU at any time.

B. Toxic o~ Deleterious Substances, Including But Not Limited to Mineral Acids, Caustic Alkali, Cyanides, Heavy Metals, Carbon Dioxide, Ammonia or Ammonium Compounds, Chlorine, Phenols, Pesticides:

None, either alone or in combination with -0ther substances, in such concentrations as to affect humans or be detrimental to the natural aquatic biota, produce undesirable aquatic life, or which would render the waters unsuitable for the designated uses.

2. The pennittee shall campy with the Sludge Quality Assurance Regulations, N.J.A.C. 7:14-4.1 et~-

3. The pennittee shall dispose of sludge from this facility in compliance with the New Jersey Solid Waste Management Act, N.J.S.A. 13:1E-l et~., which prohibits the disposal of liquid sludge at landfills unless an approved leachate interception, collection, and treatment system has been installed. The pennittee shall attain compliance in accordance with the following schedule:

1. Submit an acceptable plan by July 1, 1983 to the Solid Waste Administration detailing how the permit tee wi 11 treat, dewater, and dispose of sludges generated at this facility.

2. Cease th~ disposal of liquid sludge at landfills which have been designated for the temporary disposal of liquid sludge by March 15, 1985 . .

4. In accordance with the Delaware River Basin Commission Administrative Manual - Part. III Basin Regulations - Water Quality recodified and revised to include amendments through March 10, 1980, the following shall be applied:

• I PART I Page 11 Pennit No. NJ 0005622 A.8. STATE CERTIFICATION REQUIREMENTS Section 3.30.5 Zone 5 C. Stream Quality Objectives

7. Radioactivity.

a. alpha emitters-maximum 3 pc/l (picocuries per liter);

b. beta emitters-maximum 1,000 pc/l.

PART I Page 12 Perm1*t No. NJ 0005622 B. MONITORING AND REPORTING REQUIREMENTS

1. Monitoring and records. See Part II.B.10.

2. Discharge monitoring reports.

a. See Part II.B.12.d.

b. Monitoring results obtained during the previous months shall be summarized and reported on a Discharge Monitoring Report Form (EPA No. 3320-1}, postmarked no later than the 28th day of the month following the completed reporting period. The first report is due on September 28, 1981 . Duplicate signed copies of these, and all other reports required herein, shall be submitted to the Regional Administrator and the State Director at the following addresses:

Regional Administrator Assistant Director for Operations Region I I and Enforcement U.S. Environmental Protection Division of Water Resources Agency New Jersey Department of Environ-26 Federa 1 Plaza mental Protection

• New York, New York 10278 P.0. Box CN-029 ATTN: Permits Administration Trenton, New Jersey 08625 Branch

3. Quality assurance practices. The permittee is required to show the validity of all data by requiring its laboratory to adhere to the foll owing minimum quality assuran_ce practices:

a. Duplicate(l) and spiked( 2 ) samples must be run for each constituent analyzed for permit compliance on 5% of the samples, or at least on one sample per month, whichever is greater. If the analysis frequency is less than one sample per month, duplicate and spiked samples must be run for each analysis.

(1) Duplicate samples are not required for the following parameters:

Color, Temperature, Turbidity.

(2) Spiked samples are not required for the following parameters listed in Table 1 of 40 C.F.R. 136: Acidity, Alkalinity, Bacteriological, Benzidine, Chlorine, Color, Dissolved Oxygen, Hardness, pH, Oil &

Grease, Radiological, Residues, Temperature, Turbidity. Procedures for spiking samples and spiked sample requirements for parameters not listed on the above-referenced table are available through EPA's Regional Quality Assurance Coordinator.

r PART I Page 13 Permit No. NJ 0005622

b. For spiked samples, a known amount of each constituent is .to be added to the discharge sample. The amount of constituent added should be approximately the same amount present in the unspiked sample, or must be approximately that stated as maximum or average in the discharge permit.

c. The data obtained in a. shall be summarized in an annual report submitted at the end of the fourth quarter of reporting in terms of precision, percent recovery, and the number of duplicate and spiked samples run.

d. Precision for each parameter shall be calculated by the formula, standard deviations= (I:: d2/2K)l/2, where dis the dif-ference between duplicate results, and k is the number of duplicate pairs used in the calculation ..

e. Percent recovery for each parameter shall be calculated by the formula R = lOO(F-I)/A, where Fis the analytical result of the spiked sample, I is the result before spiking of the sample, and A is the amount of constituent added to the sample.

f. The percent recovery, R, for each parameter in e. above shall be summarized yearly in terms of mean percent recovery and standard deviation from the mean. The formula, s = (C. (x-x)2/

(n-1))1/2, wheres is the standard deviation around the mean x, x is an individual recovery value, and n is the number of data points, shall be applied.

g. The permittee or his contract laboratory is required to annually analyze an external quality control reference sample for each pollutant. These are available through the Regional Quality Assurance Coordinator, Region II, U.S. Environmental Protection Agency, Edison Environmental Laboratory, Edison, New Jersey 08817.

h. The permittee and/or his contract laboratory is required to maintain records of the specific analytical methods used, including options employed, if any, within a particular method, and of reagent standardization and equipment calibration operations.

i. If a contract laboratory is utilized, the permittee shall submit the name and address of the laboratory and the parameters analyzed at the time it submits its discharge monitoring reports (see Section 2.b. above). Any change in the contract laboratory being used or the parameters analyzed shall be reported prior to or together with the monitoring report covering the period during which the change was made.

PART I Page 14 Permit No. MJ 0005622

4. Twenty-four hour reporting.

a. The permittee must report violations of maximum daily discharge limitations in accordance with the reporting requirements set forth in Part II.B.12.f. (24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> reporting followed by 5 day written submission) for the following pollutants:

N/A

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PART I Page 15 Permit No. NJ 0005622

5. Additional reporting requirements. The permittee shall notify the Regional Administrator and State Director as soon as it knows or has reason to believe:

a. That any activity has occurred or will occur which would result in the discharges of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels":

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

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

b. That the permittee has begun or expects to begin to use or manufacture as an intermediate or final product or byproduct any toxic pollutant which was not reported in the permit application.

PART II Page 16 Permit No. NJ 0005622 A. DEFINITIONS

1. "Average monthly discharge limitation 11 means the highest allowable average of "daily discharges"" over a calendar month, calcu-lated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during that month.

2. 11 Average weekly discharge l imitation 11 means the highest allowable average of 11 daily discharges 11 over a calendar week, calcu-

-lated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week.

3. 11 Bypass 11 means the intentional diversion of wastes from any portion of a treatment facility.

4. "Composite" means a combination of individual (or continuously taken) samples obtained at regular intervals over the entire discharge day.* The volume of each sample shall be proportional to the dis.charge flow rate. For a continuous discharge~ a minimum of 24 individual grab samples (at hourly intervals) shall be collected and combined to constitute a 24-hour composite sample. For intermittent discharges of more than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> duration, grab samples shall be taken at a minimum of 30 minute intervals. For intermittent discharges of less than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> duration,grab samples shall be taken at a minimum of 15 minute intervals.

5. "Daily discharge" means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the "daily discharge" is cal-culated as the total mass of the pollutant discharged over the day.

For pollutants with limitations expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. For purposes of sampling, 11 daily 11 means an operating day or 24-hour period.

6. "Director" means the "Regional Administrator" or the "State Director", as the context requires, or an authorized representative.

Until the State has an approved State program authorized by EPA under 40 C.F.R. Part 123, "Director" means the Regional Administrator. When there is an approved State program, "Director" normally means the State Director. Even in such circumstances, EPA may retain authority to take certain action (see, for example, 40 C.F.R. 123.7l(d), 45 Federal Register 33469, May 19, 1980, on the retention of jurisdiction over permits EPA issued before progra:n approval). If any condition of

PART II Page 17 Permit No. NJ 0005622 this permit requires the reporting of information or other actions to both the Regional Administrator and the State Director, regardless of who has permit-issuing authority, the terms "Regional Administrator" and "State Director" will be used in place of "Director".

7. "Discharge Monitoring Report" or 11 DMR 11 means the EPA uniform national form, including any subsequent additions, revisions, or modi-fications, for the reporting of self-monitoring results by permittees.

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

9. "Gross" means the weight or the concentration contained in the discharge. (Unless a limitation is specified as a net limitation, the limitation contained in this permit is a gross limitation.)

10. "Maximum daily discharge limitation" means the highest al-lowable "daily discharge".

11. "Monthly" means one day each month (the same day each month) and a normal operating day (e.g., the 2nd Tuesday of each month).

12. "Net" means the amount of a pollutant contained in the dis-charge measured in appropriate units as specified* herein, less the amount of a pollutant contained in the surface water body intake source, measured in the same units, over the same period of time, provided:

a. The intake water source must be drawn from the same body of water into which the discharge is made; and

b. In cases where the surface water body intake source is pretreated for the removal of pollutants, the intake level of a pol-lutant to be used in calculating the net is that level contained after the pretreatment steps.

13. "Regional Administrator" means the Regional Administrator of Region II of EPA or the authorized representative of the Regional Admin-istrator.

14. "Severe property damag'e" means the substantial physical damage to the treatment factlities .which* would cause them to become inoperable or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in pro-duction.

PART II 18

~:~it No. NJ 0005622

15. "State Director" means the chief administrative officer of the State water pollution control agency, or the authorized representative of the State Di rector.

16. "Toxic pollutant" means any of the pollutants listed in 40 C.F.R.

401 .15 (45 F.R. 44503, July 30, 1979) and any modification to that list in accordance with Section 307(a)(l) of the Clean Water Act.

17. "Upset" means an exceptional incident in which there is unintention-al and temporary noncompliance with technology-based permit effluent limita-tions because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

18. "Weekly" means every seventh day (the same day of each week) and a normal operating day.

B. GENERAL CONDITIONS

l. Duty to comply.

a. The permittee must comply with all conditions of this permit.

Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

b. The permittee shall comply with effluent standards or pro-hibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement.

c. The Clean Water Act provides that any person who violates a permit condition implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Clean Water Act is subject to a civil penalty not to exceed $10,000 per day of such violation. Any person who willfully or negligently violates permit conditions implementing Sections 301, 302, 306, 307, or 308 of the Clean Water Act is subject to a fine of not less than $2,500 nor more than

$25,000 per day of violation, or by imprisonment for not more than l year, or both.

2. Duty to Reapply. This permit and the authorization to discharge shall terminate on the expiration date indicated on the first page. In order to receive authorization to discharge after the expiration date of this permit, the permittee must apply for and obtain a new permit. If

PART II Page 19 Permit No. NJ 0005622 the permit issuing authority remains EPA, the permittee shall complete, sign, and submit an application to the Regional Administrator no later than 180 days before the expiration date in conformance with the re-quirements of 40 C.F.R. 122.4, 122.6 and 122.53.

3. Duty to halt or reduce activity.

a. It shall not be a defense for a permittee in an enforce-me.nt action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

b. Upon reduction, loss, or failure of the treatment facility, the permittee shall, to the extent necessary to maintain compliance with its permit, control production or all discharges or both until the facility is restored or an alternative method of treatment is provided.

This requirement applies, for example, when the primary source of power of the treatment facility fails or is reduced or lost.

4. Duty to mitigate. The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this permit, including such acceler-ated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge.

5. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are ins ta 11 ed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems Q.!ll}'.'._ when necessary to achieve compliance with the conditions of the permit.

6. Permit actions.

a. This permit may be modified, revoked and reissued, or terminated during its term for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated non-compliance, does not stay any permit condition.

b. Causes for modification, revocation and reissuance, and termination are set forth in 40 C.F.R. 122.15 and 122.16 (45 Federal Register 33428 - 33430, May 19, 1980).

PART II Page 20 Permit No. NJ 0005622 (1) Specified causes for modification, revocation and reissuance, and termination include:

(a) Noncompliance by the permittee with any con-dition of the permit; (b) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; (c) A determination that the permitted discharge endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or (d) There is a change in any condition that re-quires either.a temporary or a permanent reduction or elimination of any discharge controlled by the permit.

(2) Specified causes for modification and, upon request or agreement of the permittee, revocation and reissuance of the permit include material and substantial alterations or additions to the per-mittee's operation which occurred after permit issuance and which justify the application of permit conditions that are different or absent from this permit, (e.g., production changes, relocation or combination of discharge points, changes in the nature or mix of pro-ducts produced) provided the reconstruction activities do not cause the new source permit issuance provisions of 40 C.F.R. 122.66 to be applicable.

c. With the exception of permit modifications which satisfy the criteria in 40 C.F.R. 122.17 for "minor modifications", the applicable provisions required by 40 C.F.R. Part 124, including notice and opportunity for a hearing, shall be followed before this permit is modified, revoked and reissued, or terminated.

7. Property rights. The issuance of this permit does not convey any property rights of any sort or any exclusive privileges, nor does it authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local. laws or regula-tions. *

8. Duty to provide information. The permittee shall furnish to the Director, within a reasonable time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine

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PART II Page 21 Permit No. NJ 0005622 compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit.

9. Inspection and Entry. The permittee shall allow the Regional Administrator, the head of the State water pollution control agency, or any authorized representative(s), upon the presentation of credentials and other documents as may be required by law, to:

a. Enter upon the permittee 1 s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

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

c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.

10. Monitoring and records.

a. Samples and measurements taken for the purpose of moni-toring shall be representative of the monitored activity.

b. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instru-mentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time.

c. Records of monitoring information shall include:

(1) The date, exact place, and time of sampling or measurements; (2) The individual(s) who performed the sampling or measurements;

PART II Page 22 Permit No

• NJ 0005622 (3) The date(s) analyses were perfonned; (4) The individual(s) who performed the analyses; (5) The analytical techniques or methods used; (6) The quality assurance information specified in Part I of this permit; and (7) The results of such analyses.

d. Monitoring shall be conducted according to test procedures approved under 40 C.F.R. Part 136, unless other test procedures are specified in this permit.

e. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon con-viction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both.

11. Signatory requirements.

a. All permit applications shall be signed as follows:

(1) For a corporation, by a principal executive officer of at least the level of vice president; (2) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency, by either a principal executive officer or ranking elected official.

b. All reports required by this permit, and other information requested by the Regional Administrator or State Director pursuant to the terms of this permit, including DMRs and reports of noncompliance, shall be signed as follows:

(1) By a person *described in subsection a. or by a duly authorized representative of that person.

(2) A person is a duly authorized representative only if:

PART II Page 23 Permit No. NJ 0005622 (a) The authorization is made in writing by a person described in subsection a.;

(b) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility; and

~ (c) The written authorization is submitted to the Regional Administrator, U.S. EPA, Region II, 26 Federal Plaza, New York, New York 10278, Attention: Permits Administration Branch, and to the State Director.

(3) If a written authorization submitted pursuant to subsection b. is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph b. must be submitted to the Regional Administrator and State Director prior to or together with any reports or information to be signed by an authorized representative.

c. Certification. Any person signing a document under subsection a. orb. shall make the following certification:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there a re significant penalties for submitting false information, including the pos-sibility of fine and imprisonment."

d. The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitorfng reports or reports of compliance or noncompliance shall, upon conviction, be punisned by a fine of not more than $10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both.

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PART II Page 24 Pennit No. NJ 0005622

12. Reporting Requirements.

a. Planned changes. The pennittee shall give notice to the Re-gional Administrator and State Director as soon as possible of any planned physical alterations or additions to the permitted facility.

b. Anticipated noncompliance. The permittee shall give advance notice to the Regional Administrator and State Director of any planned changes in the permitted facility or activity which may result in noncom-pliance with pennit requirements as soon as it becomes aware of the circumstances.

c. Transfers.

(1) This permit is not transferable to any person except after notice to the Regional Administrator and State Director. Except as provided in paragraph (2), a permit may be transferred by the existing permittee to a new owner or.operator only if the permit has been modified or revoked and reissued, or a minor modification made, to identify the new permittee and incorporate such other requirements as may be necessary under the Clean Water Act.

(2) This permit may be automatically transferred to a new per-mittee if:

(a) The existing pennittee notifies the Regional Adminis-trator and State Director at least 30 days in advance of the proposed transfer date in subparagraph (b);

(b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and (c) The Director does not notify the existing permittee and the proposed new permittee of his or her intent to modify or revoke and reissue the permit. (A modification under this subparagraph may also be a minor modification under 40 C.F.R. 122.17.) If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in subparagraph (b).

(3) If this permit is automatically transferred in accordance with the provisions of paragraph (2), the permit may be modified to reflect the automatic transfer after its effective date.

PART II Page 25 Pennit No. NJ 0005622

d. Monitoring reports.

(1) Monitoring results shall be reported at the intervals specified in Part I of this permit.

(2) Monitoring results shall be reported on a Discharge Monitoring Report (DMR).

(3) If the permittee monitors any pollutant more frequently than required by the permit, using test procedures approved under 40 C.F.R.

136 or as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR.

(4) Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in'the permit.

e. Compliance Schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

f. Twenty-four hour reporting.

(1) The following information shall be reported orally to the Regional Adminstrator at 201-548-8730 and State Director within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> from the time the permittee becomes aware of the circumstances:

(a) Any noncompliance which may endanger health or the environment; (b) Any unanticipated bypass (see 13 below) which violates any effluent limitation in the permit; (c) Any upset (see 14 below) which violates any effluent limitation in the permit; or (d) The violation of a maximum daily discharge limitation for any of the pollutants listed in Part I of this permit is required to be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. This list includes any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control a toxic pollutant or hazardous substance.

PART II p 26 age Permit No. NJ 0005622 (2) In addition to the oral 24-hour report, the permittee shall also provide a written submission to the Regional Administrator and State Director within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance.

(3) Except with respect to written reports required under paragraph (l)(a) of subsection f., above, the Director may waive the written report on a case-by-case basis if the oral report has been received within twenty-four hours.

g. Other noncompliance. The permittee shall report to the Regional Administrator and State Director all instances of noncompliance not reported under subsections d, e, and f at the time the monitoring report covering the period of noncompliance is submitted. The reports shall contain the informa-tion listed in paragraph (2) of subsection f., above.

h. Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect informa.tion in a permit application or in any report to the Re-gional Administrator and State Director, it shall promptly submit such facts or information to the Regional Administrator and State Director.

13. Bypassing.

a. Bypass not violating limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be violated, but only if it also is for essential maintenance to assure efficient operation.

These bypasses are not subject to the provisions of subsections b. and c.

below.

b. Notice.

(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass.

(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in subsection f. of section 12 above.

PART II Page 27 Permit No. NJ 0005622

c. Prohibition of bypass.

(1) Bypass is prohibited, and the Director may take enforcement action against a permittee for bypass, unless:

(a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under subsection b.

(2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Di rector determines that it will meet the three conditions listed above in paragraph (1).

14. Upsets.

a. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with technology-based permit effluent limitations if the requirements of subsection b. are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for non-compliance, is final administrative action subject to judicial review.

b. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An upset occurred and that the permittee can identify the specific cause(s) of the upset; (2) The permitted facility was at the time being properly operated;

PART II Page 28 Permit No. NJ 0005622 (3} The permittee submitted notice of the upset as required in subsection f.of section 12 above; and (4} The permittee complied with any remedial measures required under section 4 above (duty to mitigate).

(5} Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

15. Removed substances. Solids, sludges, filter backwash or other pollutants removed in the course of treatment or control of wastewaters and/or the treatment of intake waters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering navigable waters. The following data shall be reported together with the monitoring data required in Part I, B.2.:

(a) The sources of the materials to be disposed of; (b} The approximate volumes and weights; (c) The method by which they were removed and transported; and (d) Their final disposal locations.

16. Oil and hazardous substance liability. The imposition of responsibilities upon, or the institution of any legal action against the permittee under Section 311 of the Act shall be in conformance with regulations promulgated pursuant to Section 311 of the Act governing the applicability of Section 311 to discharges from facili-ties with NPDES permits.

17. Reopener clause for toxic effluent limitations. Notwith-standing any other condition of this permit, if any applicable toxic effluent standard or prohibition is promulgated under Sections 30l(b}

(2}(C) and (D), 304(b)(2), and 307{a)(2) of the Clean Water Act and that effluent standard or limitation is more stringent than any effluent limitation in the permit or controls a pollutant not limited in the permit, this permit shall be promptly modified or revoked and reissued to conform to that effluent standard or prohibition.

18. State laws. Nothing in this permit shall be construed to pre-clude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to

PART II Page 29 Permit No. NJ 0005622 any applicable State law or regulation under authority preserved by Section 510 of the Act. The issuance of this permit does not preempt any duty to obtain State or local assent required by law for the dis-charge.

19. Availability of information.

a. NPDES permits, effluent data, and information required by NPDES application forms provided by the Director under 40 C.F.R.

122.4 and 122.53 (including information submitted on the forms them-selves and any attachments used to supply information required by the forms) shall be available for public inspection at the offices of the Regional Administrator and State Director.

b. In addition to the information set forth in subsection a.,

any other information submitted to EPA in accordance with the con-ditions of this permit shall be made available to the public without further notice unless a claim of business confidentiality is asserted at the time of submission in accordance with the procedures in 40 C.F.R. Part 2 (Public Information).

c. If a claim of confidentiality is made for information other than that enumerated in subsection a., the information shal 1 be treated in accordance with the procedures in 40 C.F.R. Part 2.

Only information determined to be confidential under those procedures shall not be made available by EPA for public inspection.

20. Severability. The provisions of this permit are severable, and if any provision of this permit, or the application of any pro-vision of this permit to any circumstance, is held invalid, the appli-cation of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

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• PART I II Page 30 Permit No. NJ 0005622 EFFECTIVENESS OF PERMIT

l. This permit shall become effective in its entirety on the date indicated on the first page of this permit unless a request for an evidentiary hearing or a panel hearing is granted pursuant to the provisions of 40 C.F.R. Part 124, Subpart E or F, 45 Federal Register 33498 - 33507 (May 19, 1980).

2. For purposes of judicial review under Section 509(b) of the Clean Water Act, final agency action on a permit does not occur unless and until a party has exhausted its administrative remedies under 40 C.F.R. Subparts E and F and 40 C.F.R. 124.91 (appeal to the Adminis-trator of EPA). Any party which neglects or fails to seek review under 40 C.F.R. 124.91 thereby waives its opportunity to exhaust available agency remedies.