ML19263C389

Forwards Natl Pollution Discharge Elimination Sys Permit Mi 0037028 Covering Discharges During Plant Operation, & Permit Mi 0039365 Authorizing Discharge of Water from Matl Dredged from Lake Erie & Placed in Disposal Basin

ML19263C389
Person / Time
Site:	Fermi
Issue date:	02/09/1979
From:	Jens W DETROIT EDISON CO.
To:	Ballard R Office of Nuclear Reactor Regulation
References
NUDOCS 7902220054
Download: ML19263C389 (25)

Text

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Wayne.H. Jens.

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February 9, 1979 EF2 - 43986 Mr. Ronald L. Ballard Chief Environmental Projects Branch 1 Division of Site Safety and Environmental Analysis Office of Nuclear Reactor Regulation U. S. Nuclear Pegulatory Commission Washington, D. C. 20555

Subject:

Enrico Fermi Atomic Power Plant, Unit 2 NRC Docket No. 50-341 PL 92-500 National Pollutant Discharge Elimination System Permits For your inf-rmation, we are enclosing 10 copies of revised National Pollutant Discharge Elimination System Permit No. MI 0037028 as issued by the Michigan Water Resources Commission for the Enrico Fermi Atomic Power Plant, Unit 2. This Permit has been processed in accordance with appropriate State and Federal Regulations and covers discharges during plant operation.

Also enclosed are 10 copies of National Pollutant Discharge Elimination System Permit No. MI 0039365 authorizing discharge of water from material dredged from Lake Erie and placed in a diked disposal basin.

Should you have any questions concerning the above, please do not hesitate to call.

Sincerely,

/ J J~

WilJ/EFM/j r

Enclosures:

10 each NPDES Permit No MI 0037028 IOkf' 10 each NPDES Permit No. MI 0039365 /f 790222005N p

Mr. Ronald L. Ballard February 7, 1979 Page 2 cc: w/ enc 1: Jeffery A. Alson Citizens for Employment and Energy 772 Green, Bldg. 4 Ypsilanti, Michigan 48147 David liiller Envirorimental Law Society University of Michigan Law School Ann Arbor, Michigan 48109

,,.' . Permit tio. , "I 0037023 MICHIGAti WATER RESOURCES COMMISS10t{

AUTHORIZATIO.'t TO DISCHARGE UtiDER THE NATIONAL POLLUTAf1T DISCHARGE ELIMIflATIOff SYSTEM .

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. In compliance with the provisions of the Federal Water Pollution Control [

Act, as amended, (33 U.S.C.1251 et .2q; the "Act"), and the Michigan Water Resources Commission Act, as amended, (Act 245, Public Acts of 1929, as amended, the " Michigan Act"),

Tho Detroit Edison Company. as sole operator and orincioal ownar of a facility '

known as Enrico Fermi Atcmic Pcwer Plant, Unit 2, located at 6400 Dixie Highway, Newport, tiichigan, is authorized to discharge frcm said facility to receiving  !

waters named Lake Erie and Swan Creek in accordance with effluent limitations, e monitoring requirements and other conditicns set forth in Parts I and II hereof.

This permit shall become, effective cpon the commencement of discharge , i This permit and the authorizatien to discharge shall expire at midnight, flovember 30, 1982 . 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 flichigan Water Resources Ccmmission no later than 180 days prior to the date of expiration.

This pemit is based on the company's application numbered MI 0037028 ,

i dated May 5,1975 as 3 ended _, and shall supersede any and all Orcers of Determination, Stipulation, or t nal Orders of Determination previously adopted by the Michigan Water Resources Comrission.

Issued this 28th day of tbve-ber.1977, and modified this N day of o' i m s , ,/, .

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Robert J. Courchaine

),,___, Executive Secretary _ _ _ _

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. . Pcr.ni t lio. h0027.07a Page 2 of 9 PART I A. EFFLUEf1T LIMITAT!0 tis AtiD M0filTORIfiG REQUIREMEtiTS

1. Final Effluent Limitations -

During the period beginning with the commencenent of the discharge and lasting j until the expiration date of this permit, the permittee is authorized to discharge cooling tower blowdown and Icw volune wastes, including but not limited to, demineral-izer regeneration wastes ard rad wastes treatment system effluent frcm outfall 001.

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

Discharce Limitations _

kg/ day (lbs/cavl

^

Ut e r timitation_s,s Monitorino Recuirements ,

Effluent Daily Daily Daily Daily Measuremant Scmple Frequency Type '

Characteristic Average Maximum Averace Maximum Flow, M 3/ Day g. Daily k Temperature (OF)

Intake Daily Continuous Discharge Daily Continuous Report monthly avg. & daily max.

The pernittee shall demonstrate, within one year after start of c'crercial operation -

the extent of the mixing zone required, but in no case shall that zone exceed 72 acres (a defined area equivalent to that of a circle with a radius of 1000 feet). The required mixing zone shall no't increase the tcmperature of Lake Eric at the edge of the mixing zone more than 3CF above the existing natural temperature or abow the following monthly naximum temperature; provided, however, the permittee may Mceed the monthly maximum temperatures when natural temperatures exceed the monthly maximum temperaturas, but any such increase at the edge of the mixing zone shall not exceed the natural water temperature plus SoF.

. JAtt FEB MAR APR MAY JUtl JUL AUG SEP OCT tiOV DEC_

80 60 50 I 45 45 45 60 70 75 80 85 70 Above maximum monthly temperatures are based upon Water Resources Commission Rules, j Part 4, Rule 1069(2).

. Oil & Grease .flo Visible Film Daily Visual Observati; ;

Total _Resi_ dual Chlorine * (TRC) 0.2 ag/l 0.3 mg/l 5 x Weekly Three grab sanplc

, equally spaced d. !

ing each treattu  !

Chlorine discharge time ** 160 min / day 5 x Ueckly report applicatic time

• to be measured by the amperometric titration technique

• • the permittee may elect to exceed the 160 min / day maximum discharge time. If the a permittee elects to exceed the 160 min / day naximum discharge time, the average concen- '

tration of TRC shall not exceed the concentrations described as "The Acute Toxicity i Threshold Value from the Freshwater Criteria Curve by J.S. flattice and H.E. Zittle", 6 illustrated on pa9e 6 of 9 for the period of discharge. The maximum concentration of ,

, TRC shall be limited to 1.5 times the average concentration of TRC.

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Page 3 of . 9

. Pcrmit No. MI- 0037028

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1. Final Effluent Limitations (continued)

The permittee may use dechlorination techniques to achieve the applicable limitations, using sodium thiosulfate or sodium sulfite or other dechlorinating agents approved by the Chief of the Water Quality Division as dechlorination reagents. The quantity ci reagent used shall be limited to 1.5 times the stoichiometric amount needed for dechlor-ination of the chlorine applied. The permittee shall report conthly the quantity of

. cach dechlorination reagent used per day. .

The permittee may demonstrate to the Ccamission that higher concentrations of chlorine are acceptable. ,

a The pH shall not be less than 6.0 nor greater than 9.0 . The pH shall be monitored as follows: Weekly; grao

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b The discharge shall not cause excessive foam in the receiving waters. The

. discharge shall be essentially free of floating ano settleable solids. ,

c Samples taken in ccmpliance with the monitoring requirements above shall ,

'be taken in'Ak9 - prior to enterirg the olant; discharge - orior to discharcine to

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Lake Erie exceal_for chlorine,. saroles for which shall be taken frcm the discF.arge of the dec.y!,Ly ump.

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.. ' Permi t No. Mi 0037028

2. Final Limitations During the period beginning with the ccmmencement of discharge and lasting until the termination of this permit, the permittee is authorized to discharge '

demineralizer regeneration wastes, a low volume waste source, thrcugh outfall i

001. Such discharge shall be limited and monitoried by the permittee prior to mixing with cooling tower blowdcun as specified belcw: ,

Discharce limitations

_kg/ day (TbT7 cay; otner Limi'.2tions Monitorina F.ecuirements Effluent Daily Daily Daily Daily Measurement Sampie Characteristic Averace Maximum Averace l'aximum Frequency Type Flow,M/ 3Day (MGD) Per Occurrence  ;

30 mg/l 100 mg/l Der Occurrence Grab Total Suspended Solids .

011 and Grease

• 15 mg/l 20 mg/l ilonthly Grab

• Company may demonstrate that a requirement of "No Visible Film" is more stringent '

than the above concentration limitations. f

a. The dischar:e shall n'nt cause excessive foam in the receiving waters. The discharge shall be essentially free of floating and settleable solids. .

b. Samples taken in ccmpliance with the monitoring requirements above shall be  ;

taken prior to discharce to cutfall 001.

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3. Final Limitations I Effective upon the date of issuance of this permit, the company shall not  :

discharge any polychlorinated biphenyls to receiving waters of the State of Michigan. .

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4. Final Limitations Beginning en the date of issuance of tols permit and lasting until the expiration date, the permittee shall collect and remove debris accumulated on intake trash bars e

and dispose of such material on land in an appropriate manner. Intake screen backwash ,

may be discharged pending future review. - ,

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Permit No. MI 0037028 Page 1 of L

5. Final Limitatiens .

During the period beginning with the comencement of discharge and ?asting until the expiration of this permit, the permittee is authorized to discharge radwaste treatment system effluent frcm cutfall 001. Such discharge shall be  !

limited and monitored by the permittee as specified below:

Discharre Limitations kg/ day (lbs/ cay) Other Limitations Monitoring Recuirements Effluent Daily Daliy Daily Daily Measurement sample Characteristic Average Maximum Averace Maximum Frecuency Type ,

FlowH/3Day (MGD) Weekly per

• occurrence i Total Suspended Solids 30 mg/l 100 mg/l Weekly per Grab

, occurrence .

Oil & Grease - -

No. visible fiim Daily per Vis. obs.

. ... occurrence 4 011 and Grease * '15 mg/l 20 mg/l ' Monthly pec Grab occurrence  !

• Company may demonstrate th'at a requirement of "No Visible Film" is more stringent than the above concentration limitations.

Samples taken in compliance with the monitoring requirements above shall be taken

• prior to mixing with any other process or cooling waters.

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6. Chlorine Limitation Condition l

Following approval of the study plan, the permittue shall conduct a 12 month study to determine the magnitude of the free-chlorine compcnent of the total residual chlorine (TRC) which occurs during each of the four seasons of the year. Such study shall be conducted in accordance with a study plan submitted to and approved by the Chief of the Water Quality Division of the Michigan Department of Natural Resources. A final report -

of findings shall be submitted within 90 days of the ccepletion of the study. If the results of the studies reveal that the magnitude of the average free-chlorine component cannot be reduced to 25 cercent or less of the TRC during any particular season, the ,

permit may be modified in accordance uith Part' IIB 4 of this permit. Such mdification  :

will require that during those particular seasons when the magnitude of the average '

• . free-chlorine component cannot be reduced to 25 percent of the TRC, the average concen- .

tration of TRC shall be limited to the concentration described as "The Acute Toxicity  !

Threshold Value from the Freshwater Criteria Curve of J.S. Mattice and H.E. Zittle" illustrated on page 6 of 9 , for the period at application, with the maximum concen-tration limited to 1.5 times the allosable average concentration of the it<C during the '

same period of application. -

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ECIAID 60 .41_0037023.____ ., Page 6 of_1__

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FRESil'JATER CRITERIA CURVE .

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DURATION OF APPLICATION (min) ,

Log Concentration = -0.7407 (log time) + 0.0296 .-

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Time = ninutes .

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Concentration = mg/l Chronic lbrtality Threshold = 0.0015 mg/l , .

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.,' Pe'rmit flo. MI 0037028 Page 7 of 1 PART I B. M0ft!TORIfiG AliD REPORTItiG

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

2.

Reporting The permittee shall submit monitoring reports containing results obtained during the previcus month and shall be postmarked no later than the 10th day of the month following each ccapleted report period. The first report shall be submitted within 90 days of the effective date of this permit.

3. Definitions

a. The daily average discharge is defined as the total discharge by weight, or concentration if specified, during a calendar month divided by the number of days in the month that the production or cc=ercial facility was operating. When less than daily sampling is required, the daily average discharge shall be deter-mined by the sumation of the measured daily discharges by weight divided by the number of days during the calendar month when the measurements were made,

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

c. The Regicnal %ministrator 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 's located in the Stevens T.

Mason tiuilding. The mailing address is Box 30028, Lansing, Michigan 48909.

4. Test Procedures -

Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304(g) of the Act, under which such procedures may  ;

be required. -

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

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

b. The dates the analyses were performed;

c. l The person (s) who performed the analyses; i i

d. the analytical techniques or methods tised; and *

e. The results of all required analyses.

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Permit No. Il! 0Q3lq28 Pa ge 8__ o f jt _

6. Additional l'onitoring by Permittee .

If the permittee nonitors any pollutant at the location (s) designated herein more frequently than required by this permit, using approved analytical methcds as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Operating Report. Such increased frequency sh'll also be indicated. s..

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 instrunentation 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.

8. Cooling Water Intake The Michigan Water Resources Cc: mission has determined that the location, design, construction and capacity of the Enrico Fermi Atcmic Power Plant, Unit ?., '

intake structure reflects the best technology available for minimizing adverse ,

environmental imp;ct in accordance with Section 316(b) of the Act. The permitts9 shall submit to the Chief of the Water Quality Division, a deEailed study plan and time schedule for ccnducting environmental monitoring to determine the loss of aquatic organisms in the cooling whter intake and obtain his approval thereof

. within 18 months after the facility becomes fully operational. ,

C. i SCHEDULE OF COMPLIANCE -

r 1. The permittee shall achieve complianc0 with the effluent limitations specified '

In this permit upon commencement of discharge. *

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2. The permittee shall ccmply with the requirements of Section 10, Part II-A j I

in accordance with the following: _  !

a. Submit plans for approval to the Chief of the Water Quality Division necessary to comply with the primary power provision of Section 10 in Part II on or before N/A .

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b. The pernittee shall comply with the requirements of items 10a or 10b contained in Part II on or before N/A . ,

Not withstanding the preceding sentence the permittee shall at all times halt, reduce, or otherwise control production in order to protect ,

the waters of the State of Michigan upon the reduction or loss of the

, primary source of pcwer. ,

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Permit flo. til 0037028

• Page _9

, of 9

3. If the Company elects to demonstrate to th; hichi.gan !!ater Resources Comission that higher concentrations of chlorine are acceptable, it shall, submit a study plan for determining sa fe levels of total residual chlorine -

in its discharges and obtain approval thert .I by the Chief of the Water Quality Division. Said plan shall be implemented upon approval and shall be completed within a period not to exceed 15 months from the date of approval. A progress report shall be submitted 7 months after implementation.

Following completion of the study, a report thereon shall be made to the Chief of the Water Quality Division r.ot later than 3 months following completion of the study along with a time schedule for Jesigning and completing the control facilities needed to meet safe total residual chlorine levels determined by the approved /ttudy.

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4. The 'dmittee shall conduct a study, during the four seasons of the year, p

to determine the average percen age of the Total Residual Chlorine which is representqj by tha Free Chlorine component referenced in Part I A 6 of this permit. All subn ttals shall be to the Chief of the Water Quality Division of the Deqar.tment of Ib : ural Resources.

a. Sut?mit a study plan and receive approval on or before N /A .

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b. Submit a report of findings 90 days following completion of the study. . '

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5. lio later than 14 calendar days folicwing a date identified in the above

. schedule of ccmpliance, the permittee shall submit either a report cf progress or, in the case of specific actions being required by identified dates, a written notice of ccmpliance or nonccmpliance. In the latter case, the notice

.shali include the cause of noncompliance, any remedial actions taken, and the

,' probability of meeting the next scheduled requirement. .

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[ Perni t No. _ MI0037028

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. Page _1 o f . 4_, -

PART II A.

PMAGEt1ENT REQUIREMENTS .

1. Change in Discharge 3

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,as and conditions of this permit.All discharges authorized herein shall be this constitute shall pemit more frequently a violation then of the permit. or at a level in excess u orized of that a th production increases, or process modifications which will result in new

, different,

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NPDES application or, if such changesm ations will not vio f specified in this pollutants,not ccrmit, by previously notice to the permit limited.Following issuingthe such notice, authority permit any 3 *'

y 2.

Containment Facilities accidental losses of concentrated soluions, acids, alkal

, oils, or J Water Resources Ccmmission Rules, Part 5.other polluting mate

] 3. Operator Certification i

supervision of an operator ' certified by the flichigan as required by Section 6a of the Michigan Act. , .

4. Nonccmpliance Notification )

to comply with any daily maximum effluent limitation sc s permit, the permittee shall provide the Regional Administrator and theeState with th information, in writing, within five (5) days of beccming aware followir.g of

a. such condition:

Aanddescription of the discharce and cause of noncon;pliance; b.

or, if not corrected, the anticipated time the non is expected to continue, and steps being taken to reduce, 5.

, eliminate and prevent recurrence of the nmomplying discharr,e.

Spill Notification by-product, intermediate product, oils, solvents, wast , or any other polluting substance which occurs to the surface or groundwaters of calling517 number the Department 373-7660; of Natural Resources 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> Emergency Res or loss (prov)ide the State with a full written explanat discovery of the spill or loss, clean up and recovery measures taken measures to be taken, and schedule of implementation.

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Permit No. HI 0037020 ,, Page 2 of 4

6. Facilities Operation -

The permittee shall at all times maintain in good working order and operate as efficiently as possible, all treatment or control facilities or systems installed -

or used by the permittee to achieve compliance with the terms and canditions of this permit.  ;

7. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting frcm nonccmpliance with any effluent limitations specified in this permit, including sucn accelerated or additional n.cnitoring as necessary tc determine the nature and impact of the noncomplying discharge. .

8. By-passing i Any diversion frem or by-pass of facilities necessary to maintain compliance '

with the terms and conditions of this permit is prchibited, except (1) where unavoid-able to prevent loss of life or severe procerty dcmage, or (ii) where exc:ssive storm drainage or runoff would dcmage any fccilities necessary for compliance with the effluent limitations and prohibitions of this pennit. The permittee shall prcmptly notify the Michigan Water Resources Ccmmissicn and the Regional Administrator, in ,

wrf eing, of such diversion or by-pass. .

9. Removed Substances t

Solids,slud:as,filtirbackwash,orotherpollutantsremovedfromor 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 cr harmful centamincnts thereof onto the groundwaters in  :

concentrations or amounts detrimental to the grouncsater resource. '

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10. Power Failu.'es '

I In order to maintain ccmpliance with the effluent limitations and prohibitions  ;

of this penait, the permittee shall either. y i

, a. Provide an alternative power source sufficicnt to cperate j facilities utilized by pernittee to maintain ccmpliance with 6 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 "Schedu'e of Compliance for Effluent Limitations",

or

b. Upon the reduction, loss, or failure of one or more of the primary sources of pcwer to facilities utilized by the pennittee to maintain ccmpliance with the effluent limitations and conditions of this permit, the permittee shall halt, I reduce or otherwise control orcduction and/or all discharge -

in order to maintain comoliance with the efflucnt limitations '

and conditions of this permit. ,

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. 'Per'mi t No. MI 0037028 Page 3 of 4 P. RESPONSIBILITIES

1. Right of Entry The pemittee shall allow the Executive Secretary of the Michigan Water Resources Ccmission, the P.egional Administrator an/or their authorized repre-sentatives, upon the presentation of the credentials and subjec; to applicable l requirements of federal and state law:

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 pemit; -

and a

b. . At reasonable times to have access to and copy any records '

required to be kept under the terms and conditions of this l permit; to inspect any monitoring equipment or ronitoring ,'

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 centrol or cwnership of facilities froc .

which the authorized discharge cmanate, the pemittee shall notify che succeeding

• owner or controller of the existence cf this pemit by letter, a copy of which shall be forwarded to the Michigan Water Resources Comnission 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 ' ster Resources Cemission Rules, Part 21, all reports l prepared in accordance with the terms of this permit shall be available for public  ;

inspection at the offices of the State Water Pollutien Control Agency and the Regional Administrator. As reouired by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such rercrt J 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.

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4. Permit Modification ,

After notice and opportunity for a hearing, this permit m:.y be modified,  !

suspended, or revoked in uncle or in part during its term for cause including, i but not limited to, the following: I

a. Violation of any terms or conditions of this permit;

b. Obtaining this pomit by misrepresentation or failure to disclose fully, all relevant facts; or l

c, A change in any condition that requires either a temporary or pemanent reduction or elimination of the authorized f

,, discharge. ,

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~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 107(a) of the Act for a  ;

toxic pollutant which is present in the discharge and suca standard or pro- .

hibition is more stringent than any limitation for such pollutant in this  :

permit, this pemit shall be revised or modifd in accordance with the toxic '

effluent standard or prohibition and the permiU.ee so notified.

6." Civil and Criminal Liability Except as provided in permit corditions i on "By-passing" (Part II, A-8) and Power Failure;" (Part II, A-10), nothing in this permit shall be construed to '

relieve the pemittee frca civil or criminal penalties for noncompliance, whether l or not such nonccmpliance is due to factors beyond his contrcl, such as accidents, i equipme:.t breakdowas, or labor disputes. . t

7. Oil and Hazardcus Substance Liability Nothing in this pemit shall be construed to preclude the institution of any legal action er relieve the pemittee frca any responsibilities, liabilities, ,

or penalties to which the pemittee may be subject under Section 311 of the Act.

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8. State Laws F Nothing in this pemit shall be contrued to preclude the instutition of any legal action or relieve the permittee frca any respcnsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Act. -

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9. Property Rights ,

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The issuance of this pemit does not convey any property rights in either real or personal preperty, or any exclusive privileges, nor does it authorize any injury to private prope ty or any invasion of personal rigt te , nor infringement of ,

Federal, State or local laws or regulations, nor does it obviate the necessity of  ;

obtaining such pemits or approvals frca other units of government as may be required i 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, is held invalid, the application of such provisicn to other circumstances, and the remainder of this pemit, shall not be affected thereby.  !

11. ' Corps of Engineers . .

. The U.S. Corps of Engineers has the authority to assess the permittce for . i the Ccrps' reasonable cost in:urred in dredging materials attiibutable to the ,

permittee's discharge. .

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Permit tio. MI 0039365

, . . . MICHIGrN i 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 Cc.T. mission Act, as amended. (Act 245, Public Acts of 1929, as amended, the " Michigan Act"),

Detroit Edison Company 2000 Second Avenue -

Detroit, Michigan 48226 is authorized to discharge from a facility located at 6400 Dixie Highway '

Newport, Michigan 48166 to receiving waters.nated Lake Erie via the South Lagoon , _

in accordance with effluent limitations, monitoring requirements,and other conditions set forth in Parts I and II hereof. .

This permit shall become effective on the date of issuance.

This permit and the authorization to discharge shall expire at midnight, October _31 , 19 83 In order to receive authorization to discharge

)eyor.d the date of expiration, the permittee shall submit such information and forms as are required by the Michigan Water Resources Commission no later than

.180 days prior to the date of expiration.

This permit is based on the company's application numbered MI 0039365 ,

dated Au_g.u.s3__2_s t h , 19_78 , and shall supersede any and all Orcers of Determination, Supulation, or Final Orders of Determination previously adopted by the Michigan Water Resources Coriaission.

Issued this \ dayof'[)c:te mbo IWI$ , for the Michigan Water Resources Cor. mission. ,

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Executive Secretary H

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. . PART I . ., .

A. EFFk.UEtiT LIMITATIONS AND l'.0NITORIf;G REQUIREMEflTS ,

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k. Effluent Limitations '

, During the period beginning with the comencement' of the discharge and lasting

. .until the date of expiration of this pemit, the permittee is authorized to

- discharge water from material dredged from Lake Erie and placed in a diked disposal basin thru outfall 001. Such discharge shall be limited and monitored by the. pemittee as specified below:

. Discharce Limitations kq/ day ('lbs/ cad 0:ncr Lmi'tJtions idonitorina Recuirements

. Effluent ~hily . [EUy - 6aTly uaily - P,casurerent Scm?]e

. Characteristic Averace l'aximum Avera ce Maximum Frecuency Type Flow M 3/ Day (fiGD) - -- .

- - Daily when di,scharging Total Suspended Solids '- .

r 30 mg/ 1 .l.00 mg/1. Daily when Grab discharging

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. sil' & Grease -

-- NO VISIBLE FILM Daily when Visual dischargirg Observatio:

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a. The pit shall not be less than 6.0 nor greater than 9.0 . The pH shall be r.enitored as follows: Daily when discharqina: G rah .

b. The discharge shall not cause excessive foam in the receiving waters. The discharge shall be essentially free of floating and settleable solids.

c. . The discharge shall not contain oil or other substances in amounts sufficient to create a visible film or sheen on the receiving waters.

. d. Samples taken in compliance with the monitoring requirements above shall be taken prior to discharce to the South. Lagoon. .

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-P i t tio. til 0039365 -

Page 3 of 5

' PART.I -

b. M0filTORIf G AND REPORTIt G -

1. Representative Sampling -

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

2. Reporting .

The permittee shall submit monitoring reports containing results obtained during the previous month and shall be postnarked no later t.$an the 10th day of the month follo. zing each completed report pericd. The first report shall be submitted within 90 days of the date of issuance of this pcrait.

3. Definitions -

a. The daily average discharge is defined as the total discharge by weight, or concentration if specified, during a calendar month divided by the number of days in the month that the preduction or ccxiercial facility was operating. 'Jhen less than daily sampling is required, the daily average discharge shall be deter-

- mined by the su=3 tion of the measured daily discharges by weigil t divided by the number of days during the calendar month vihen the measurements were made,

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 1.'ater Resources Cc=1ission is located in the Stevens T.

, Mason Building. The mailing address is Box 30028, Lansing, Michigan 48909.

4. Test Procedures -

Test procedures for the analysis of poliutants shall conform to regulations published be required. pursu:nt to Section 304(g),of the Act, under which such procedures may

5. Recording of Results For each measure.m.ent 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 perforned the analyses; d.

the analytical techniques or methods used; and

e. The results of all. required analyses. -

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Permit No. til 0039365 . .

Page 4-of 5

. 6. Additional Monitoring by Permittee

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

7. Records Retention All records and information resulting from the monitoring activities required by this pernit including all records of analyses perforned and calibration and maintenance of instrumentation and recordings frca continuous

. monitoring instrumentation shall be retained for a ninimur of three (3) years, or longer if requested by the Regional Administrator or the Michigan Water Researccs Commission.

C. SCHEDULE OF CO.PLIANCE

1. The permittee shall achieve compliance with the effluent limitations specificd for outfall 001 in accordance with the following schedule:

a. Submit progress report to the Chief of the Water Quality Division

' on or before N/A .

. b. Submit a preliminary engineering report and b' asis of design for said facilities to the Chief of the Water Quality Division and

' obtain his approval thereof on or before N/A .

'c . Submit progress report to the Chief of the Water Cuality Division on or before N/A .

d. Submit final plans and specifications for said facilities to the Chief of the Ucter Quality Division and obtain his approval thereof on or before N/A . ,

e. Commence construction of said facilities on or.bef:re N/A .

f. Submit progress report to the Chief of the Water ;_ality Division on or before N/A .

g; Complete construction of said facilities on or ts#:re N/A

h. ' Attain operational level necessary to meet the "-itatiens specified herein on or before the commencement of the discia"ie. .

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" . * *Pemit No.

til 0039365

• Page 1 of _5

2. The permittee shall comply with the requirements of Section 10, Part II-A in accordance with the following: -

a. Submit plans for approval to the Chief of the Water Quality Division necessary to comply with the primary power provisicn of Section 10 in Part II on or before il/A .

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

- Not withstanding the preceding sentence tne permittee shall at all times halt, reduce, or otherwise control production in order to protect the waters of the State of liichigan upon the reduction or loss of the primary source of power.

3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or .in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shTITTnclude the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement.

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. ' Permit No. mn393r,s -

. Page _1_ of _ 4 PART II .

A. 1%NAGEftEllT REQUIREMEtiTS ,

1. Change in Discharge All discharges authorized herein shall be consistent with the tems and conditions of this pemit. The discharge of any pollutant 4dentified in this pemit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or. increased dischcrges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the pemit issuing authority of such changes.

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

2. Containment facilities The pemittee shall provide approved facilities for containment of any

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accidental losses of ccncentrated solutions, acids, alkalies, salts, oils, or other polluting materials ,in accordance with the rcquirements of the liichigan Water Resources Ccamission Rules, Part 5.

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3. Operator Certification The pomittee shall have the waste treatment facilities under the direct supervision of an operator certified by the Michigan Water Resources Cc=aission, as . required by Section 6a of the Michigan Act.

4. Honcompliance Notification - -

if, for any reason, the pemittee does not comply ~with cr will be unable to comply with any daily maximum effluent limitation specified in this permit, the permittee shall provide the Regional Administrator and the State 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; an.d

b. The period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the nonccmpliance is etpected to continue, and steps being tcken to reduce, elbinate and prevent recurrence cf the nonccmplying discharge.

5. Spill Notificction The pemittee shall imediately report any spill or loss of any product, by-prcduct, inter ediate product, oils, solvents, uaste cz.terial, or any other polluting substance which occurs to the surface or grounduaters of the state by calli _ng the Depart. ment of Natural Resources 2* hour Emergency Respcnse telephone number (517) 373-7550; and, the pemittcc 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 reccvery measures taken, preventative measures to be taken, and schedule of implementation. .

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Permit tio. MI 0039365 . Pag'e 2 of 4 6.' Facilities Operation -

The permittee shall at all times maintain in goed working order and operate as efficiently as possible, all treatment or control facilities or systems installed or used by the permittet to achieve compliance with the terms and conditions of this permit. ,

7. Adverse Impact

.The permittee shall take all reasonable steps tc minimize any adverse impact to navigable waters resulting from noncompliance with any affluent limitations specifie:

in this permit, including such accelerated or additional monitoring as necessary to determine the natu e and in. pact of the noncomplying discharge.

8. By-passing Any. diver; ion from or by-pass of facilities necessary to maintain ccmpliance with the terms and conditions of this pannit is prnhibited, except (1) where unavoid-able to prevent icss of l'if3~ or severe prop 6rty dcnage, or (ii) where excessive ston; drainage or runoff would damage any facilitias necessary for compliance with the effluent limitaticns and prohibitions of this permit. The permittee shall promptly notify the Michiccn k'atcr Resources Ccmmission and the Regional Adainistrator, in writing, of such diversion or by-pass.

9. Rceoved Substances Solids, sludges, filter backwash, or other pollutants removed from or resulting frcm treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such caterials from enterir.g navigable waters, or the entry of toxic or harmful contaminants thereof onto the groundwaters in

-corcentrations or amounts dctrimental to +"e groundsater resource.

10. Po ar Failures -

In order to taintain complience with the offluer.t limitaticas and prohibiticns 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 limitatiens ard conditions of this permit which

. provisicn shall be indicated in this permit by inclusion of a specific complience date in each appropriate " Schedule of

.- Compliance for Effluent Limitations",

or 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 cocalianca with the effluent linitations

, and conditions of this paroit, the permittee shall halt, reduce or othetaise centrol production and/or all discharge

. in order to maintain conpliance with the effluent limitations and conditions of this permit.

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' Permit No. ~ MI 0039365 Page 3 of 4

' B. RESPONSIB,ILITIES' -

1. Right of Entry '

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The pemittee shall allow the Executive Secretary of the Michigan Mater Resources Ccmnission, the Regional Administrator and/or their authorized repre-sentatives, upon the presentation of the credentials:

a. To enter upon the pemittee's premises v:hcre an effluent source is located or in v:hich 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 tems and conditions of this pemit; to inspect any tenitoring equipment or nonitoring 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 cmanate, tL 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 Conmission Rules, Part 21, all reports prepared in accordance with the terms of this pemit shall be avcilable for ppblic inspection at the offices of the State Water Pollution Control Acency and the Recional Ac'ainistrator. As required by the Act, effluent data shall not be considered confidcntial. Knowingly making any false statement on any such report may result in the ir. position 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 r,otice and opportunity for a hearing, tnis pemit may be modified, suspended, or revoked in t: hole or in part during its tem for cause including, but not limited to, th.e following:

a. Violation of any terms or conditions of this pemit; '

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b. Obtaining this pemit by misrepresentation or failure to disclose fully, all relevant facts; or

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

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[P'e' emit No. MI 0039365 -

Page 4 of 4 Toxic Pollutants

5. .

Notwithstanding Part II, B-4 above, if a toxic efflu'ent standard or '

prohibition (including any schedule of ccmpliance specified in such effluent standard or prchibition) is established under Secticn 307(a) of the Act for a toxic pollutant unich is present in the discharge and such standard or pro-hibition is more stringent than any limitation for such pollutant in this pemit, this pemit shall be revised or modifieu in accordance with the toxic effluent standard or prohibition and the pemittee so notified.

6. Civil and Criminal Liability

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Except as provided in pemit conditions on "Bi-passing" (ParfII,' AL S )~'

and Power Failures" (Part II, A-10), nothing in this permit shall be construed to relieve the pemittce frcm civil or criminal penalties for noncompliance, whether or not such nonccmpliance is due to factors beyond his control, such as accidents, equipment breakdotins, or labor disputes.

7. Oil and Hazardous Substance Liability -

Nothing in this pemit shall be construed.to preclude the institution of any legal action or relieve the permittee frca any responsibilities, liabilities,

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o,r. penalties,to wnich the permittee may be subject under Section 311'of the Kct.

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 Pights ,

The issuance of this pemit does not convey any property rights in either real or personal propertv, or any exclusive privileges, nor does it authorize any injury to private property or any invasicn of personal rights, nor infringement of Federal, State or local laws or regulations, nor does it obvicte the necessity of obtaining such pemits or approvals frca 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 pemit to any circumstances, is held invalid, the application of such provisicn to other circumstances, and the remainder of this pemit. shall not be affected thereby.

11. Notice to Public Utilities It is fr.rther made a condition of this permit that the applicant give notice to public utilities in accordance vith Act 53 of the Public Acts of 1974, being sections 460.701 to 450.718 of the Michigan Compiled Laws, and comply with each of the requirements of that Act.

PERMIT ft0. MI 0039355 The mixing zone for the purpose of evaluating compliance with the state e

water quality standards is defined as A zone of mixing in a receiving stream has not been designated. The discharge is directly to the South Lagoon and n:ixing will take place in that Lagoon.

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