ML20024H243

Forwards Copy of NPDES Permit 3IB00016*DD Issued 910513,per App B,Section 3.2

ML20024H243
Person / Time
Site:	Perry
Issue date:	05/22/1991
From:	Lyster M CENTERIOR ENERGY
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
PY-CEI-NRR-1359, NUDOCS 9105300340
Download: ML20024H243 (17)

Text

___ _ _ _ - _ _ _ _ _ - _

CENTERit*dR ENERGY PERRY NUCLEAR POWER PLANT .i d ess IAlchael D. Lyster

&f0" L nnat o"o aa' va "nrset "ucu^n (216) 259 3737 May 22, 1991 PY-CEl /NRR-1359 L U.S. Nuclear Regulatory Commission Document Contrel Desk Washington, D.C. 20555 Perry Nuclear Power Plant l>veket No. 50-440 NPDES Permit Renewal Gentlemen

Pursuant to Operating License NPF-58, Appendix B, Environmental Protection Plan, Section 3.2, enclosed is a copy of NPDES Permit 3IB00016*DD for the Perry Nuclear Power Plant, which was issued, effective May 13, 1991.

Please contact us if you have any questions.

Sincerely, j'*

}$Y$p Michael D. Lynter MDL:AHL:sc Enclosure cc: NRC Project Manager NRC Region III NRC Resident Inspector Officer I

f '* g f _

i S - Y l V U .' .L PDR ADOCK 05000440 P PDR

([ f

RECEIVED State of Ohio Environmental Protc< tion Agency P O. Box 1049,1800 Watermark Dr.

Columbus, CAso 43264 0149 g gyqggqg George V. Voinovch (614) 644-3020 FAX (614) 644-2329 Governor May 13,1991 Re: ULPA Permit No. 31B00016*00 facility Name: Perry Nuclear Power Plant Cleveland Electric 111uminating Company P.O. Box 97 Perry, Ohio 44081 Transmitted herewith is one copy of the final National Pollutant Discharge Elimination System permit referenced above.

You are hereby notified that this action of the Director is final and may t,e appealed to the Environmental Board of Review pursuant to Section 3745.04 of the Ohio Revised Code. The appeal must be in writing and shall set forth the action complained of and the grounds upon which the appeal is based. It must be filed with the Environmental Board of Review within thirty (30) days af ter notice of the Director's action. A copy of the appeal must be served on the Director of the Ohio Environmental Protection Agency and the Environmental Law Division of the Office of the Attorney General within three (3) days of filing with the Board. An appeal may be filed with the Environmental Board of Review at the following address:

Environmental Board of Review 236 East Town Street, Room 300 Columbus, Ohio 43215 E

i Robert E. Phelps, P.E. Man ger Permit Administration Section Division of Water Pollution Control REP /mbn Certified Mail

@ .. -- n..

STATEMENT OF NPDES PERMIT FEE DUE l

PLEASE RETURN THIS COPY WITH YOUR REMITTANCE l ENTITY NAMC: Cleveland Electric Illuminating Co. OEPA PERMIT NO.: 3IB00016 ADD EFFECTIVE DATE: May 13, 1991 MAILIlyG ADDRESS: P.O. Box 97  !

Perry, Ohio 44081 FACILITY LOCATION: Perry Nuclear Power Plant 10 Center aoad North Perry Village, Ohio Permit fees for the abcse facility were computed in 34 cordance with the following information and at rates established in Section 3745 11(C) of the Ohio Revised Code.

DESIGN FLOW Ol' FALL DISCHAPGE RATE CHARGCE

-NUMBER (GPD) $ $

! 001 1,000 $ 0 $ 0 002 1,000 $ 0 $ 0 004 76,500,000 $750 $750 l

l I

FEE PAYMENT DUE: 5750 Please rer,iit not later than fifteen days after the cited effective date of this permit. Fake check payable to " Treasurer of the State of Ohio" and mail it to Permits Bookkeepec, Ohio Environmental Protection Agency, 1800 Watermark Drive, P. O.

Box 1049, Columbus, Ohio, 43266-0149. Please enclose this copy with your payment.

l Form EP4 4421 l

. .. .- - - _ . . -=-.

43/NE

' Page 1 of 14 OEPA Permit No. 3I800016#DD Application No, OHOO63461 Effective Dato: May 13, 1991 i

Expiration Date. May 10, 1996 i

OHIO ENVIRONMEMTAL PROTECTION AGENCY 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. hereinafter referred to as "the Act"), and the Ohio Water Pollution Control Act (Ohio Revised Code Sectinn 6111),

Cleveland El.ctric Illuminating Company is authorized by the Ohio Environmental Protection Agency, hereafter referred to as " Ohio EPA", to discharge from the Perry Nuclear Power Plant wastewater treatment works located at 10 Center Jad, North Perry Village, Ohio, Lake County and discharging to Lake Erie l

in accordance with the conditions specified in Parts I, II and III of this permit.

This permit is conditioned upon payment cf applicable fees as requireu by Secticn 3745.11 of the Ohio Revised Code.

This permit and the authorization to discharge shall expire at midnight on the empiration date shown above. In order to receive ,

authorization to discharge beyond the above date vf expiration, the permittee shall submit such inforn.ation and forms as are required by the Ohio EPA no later than 180 days prio to the above date of expiration.

OMT CerryIpnnides Direct #

2970P Form EPA 4420

. - . . . _ - . . - . . . = _ _

Page 2 of 14 OEPA 3IBOOOl6*LL PART I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENT 0

1. During the period beginning on the effective date of this permit and lasting until the erpiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from the following outfall: 3I800016001. SEE PART II, OTHER REQUIREMENTS, for location of effluent sampling.

EFFLUENT CHARACTERISTIC DISCHARGE LIMITATIONS MCNTTORIMi REQUIREMENTS Concentration Loading .

REPORTIM Other Units (Specify) kg/ day Measurement S. ample CODE /W ITS PARAMETER 30 DAY DAILY 30 DAY DAILY Freqv ncy Type 00530 MG/L Residue, Total Nonfilterable - - - -

1. .' Wee k s' 24 Hr. Cone 00550 NG/L Oil and Grease, Total - - - -

1/2 Wed s' Grea 50050 MGD Flcw Rate - - - -

CAtinuous 24 Hr. Total

• During discharge l

2. The pH (Reporting Codes 00401(high) and 00402(low)) shall be monitored continuously and reported 1/2 weeks *.

3. Samples taken in compliance with monitoring requirements specified above shall be taken at Sampling Stations described in Part II, OTHER REQUIREMENT 3.

Form EPA 4428

Pege 3 of 14 OEPA 3IB00016#00 PART I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. During the period beginning on the effective date of this permit and lasting until the expiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from the following outfali: 3IB00016002. SEE PART II, OTHER REQUIREMENTS, for location of effluent sampling.

EFFLUENT CHARACTERISTIC DISCHARGE LIMITATIONS DITORING REQUIREMENTS Concentration loading REPORTING Other tenits (Specify) kg/ day Measurement Sample CODE /tNITS PARAKETER 30 DAY DAILY 30 DAY DAILY Frequency Type 00530 MG/L Residue, Total M filterable 30 45 - -

1/2 Weeks 24 Hr. Com 00550 NG/L Oil and Grease, Total 15 20 - -

1/2 Weeks Grab 00665 nG/L Phosphorus, Total (P) 1.0 1.5 - -

1/2 Weeks 24 Hr. Ccep 01042 UG/L Copper, Total (Cu) 1000 1000 - -

1/2 Weeks 24 Hr. Com 01045 UG/L Iron, Total (Fe) 1000 1000 - -

1/2 Weeks 24 Hr. Comp 50050 NGD Flow Rate - - - -

Continuous 24 Hr. Total

• During discharge

2. The pH (Reporting Code 00400) shall not be Jess than 6.5 S.U. nor greater than 9.0 S.U. and shall be monitored l'2 week s* by grab sample.

3. Samples taken in complisnce with monitoring requirements specified above shall be taken at Sampling Stations described in Part II, OTHER REQUIREMENTS.

Form epa 4428

Pcge 4 of 14

, OEPA 3IB00016000 PART I,'A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1, During the period beginning on the effective date of this permit and lasting until the espiration date, the permittee is authorized to discharge in accordance with the following limitations and monitoring requirements from th>

following outfall: 3I800016004. SEE PART II, OTHER REQUIREMENTS, for location of effluent sampling.

UrLUENT CHARACTER!sTIC DISCHARGE LIMITATI0r6 KNITORIK, REQUIREMENTS Concentration Loading REPORTIK., Other Units (Specify) kg/ day Measurement Sarmle CODE /tNITS P ARfviETE R 30 DAY DAILY 30 DAY DAILY Fr equency Type 00011 *F Water Temperatures . . . -

Daily Continuous 50050 ND Flow Rate - - - - Daily Continuous 50064 NG/L Chlorine, Free Available (L1 2 )** 0.2 0.5 - -

Daily Grab There shall be no detectable amount in the discharge from this outf all of any priority pollutant, other than chromitsn and rinc contained in chemicals added for cooling tower maintenance. As of the effective date of this pemit, the pemittee has stated it does not use chemicals for cooling tower maintenance that contain chromitsu or rinc; therefore, this outf all does not contain chromitan or rinc ef fit,ent limitations as required by 40 CFR 423.15. If the permittee, in the future, uses chemicals for cooling tower maintenance which do contain chromitsu or rinc, the permittee shall apply, prior to the use of the chemicals, for a modification of this pennit so as to include the appropriate ef fluent limitations and monitoring requirements for chromitsn and/or rinc.

• Requires intake (31800016800) monitoring. Ryort intake /wifall temperature estimated to correspond to e maximum temperature differential sustained for one hour.

• 8 Witt =r free available chlorine nor total residual chlorine may be discharged from any unit for more than two hours in any i.,e day and not more than one unit in any plant may discharge free available or total residual c51orine at any one time unless the utility can demonstrate to the state that the unit (s) in a particular location cannot operate at or below this level af chlorination. Analyses are to be perfomed by amperometric titration.

2. The pH (Reporting Code 00400) shall not be less than 6.5 S.U. nor greater than 9.0 S.U. and shall be monitored 2/ week by grab sample.

3. Samples taken in compliance with monitoring requirements specified above shall be taken at Sampling Stations described in Part II, OTHER REQUIREMENTS.

I l

Form EPA 4428

_ _ _ _ . . _ . . . _ -. _ ._ . ___ _ - . ._m.__ _ - _ . _ - . - . _ . _ _ -

Page 5 of 14 OEPA 37900016#DD PART I, D. - ADDITIONAL MONITORING REQUIREMENTS

1. During the period beginning on the effective da+e of this permit and lasting until the expiration date, the permittee is authorized to discharge in accordance with the following limi+ations and monitoring requirements from the following outf all: 3I800016800. See PART II, OTHER REQUIREMENTG, for location

, of effluent sampling.

CHARACTERISTIC MONITORING REQUIREME NTS Reporting Measurement Ccde Units Parameter Frequency Sample Type 00011 'F Water Temperature Daily Continuous Samples must be taken on the :mme day as those samples of effluent used for determination of maximum temperature differential.

I l

l Form EPA 4428

Page 6 of 14

, OEPA 3IB0001600D "r4T IT ^Tury REQUIREMENTS A. Description of the location of the required sampling stations are as follows:

]

1 Sampling Station Description of Location 1 3I800016001 Discharge from regenerant neutralization pits prior to entering 31800316004 tunnel which discharges to Lake Erie.

3IB00016002 Discharge from chemical cleaning lagoon on the east side of plant. (Lat: 41'40' 30"; Long : 81'08'45")

3IB00016004 At point representative of discharge prior to entry to the turnel which discharges to Lake Erie.

(Lat: 41' 40' 30"; Long: 81' 08' 45")

3IB00016800 Intake at inlet to plant from Lake Erie.

B. This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under sections 301(b)(2) (C), and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent standard or limitation so issued or approved:

(1) Contains different conditions or is otherwise more stringent than any effluent limitation in the permi'; or (2) Controls any pollutant not limited in the permit.

The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable.

C. In the event the permittee's operation shall require the use of cooling water treatment additives, written permission must be obtained from the Ohio Environmental Protection Agency. The permittee shall demonstrate that the use of the additive in the concentrations expected will not be harmful or inimical to aquatic life as determined by acute static bioassays.

D. Permit limitations may be revised in order to meet water quality standards af ter a stream use determination and waste load allocation are completed and approved. This permit may be modified, or, alternatively, revoked and l reissued, to comply with any applicable water quality effluent limitations, i

t E. On Outfalls where pH is monitored continuously, the permittee shall maintain the pH of such wastewater within the range specified in this permit. Excursions from the range are permitted subject to the following limitations:

1. The total time during which pH values are outside the required range of pH values shall not exceed 7 hours8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br /> and 26 minutes in any calendar month,

2. No individual excursion from the range of pH ua.ues shall exceed 60 minutes.

Form EPA 4428 l

l

Page 7 of 14 OEPA 31800016#DD PART II', OTHER REQUIREMENTS (Cont.)

E. Continued.

3. The permittee shall report each month for each monitoring station where pH is monitored continuously the following:

a. the number of pH excursions,

b. the duration of each excursion,

c. the date of each excursion, and

d. the total time of all excursions combined.

F. There shall be no detectable amount of any priority pollutant attributable to cooling tower maintenance chemicals in the cooling tower blowdown wastewater.

G. There shall be no discharge of polychlorinated biphenyl compounds attributable to the permittee's operations.

I i

i I

Form EPA 4428 1

4

pev. 1/e9 Page 8 of 14 OLPa 31B00016*DD PART 111 - GENERat C0h3111045

1. DEP NIT 10h5

'daiiv load limitations' is the total discharge by weignt during any calendar day. !f only one sample is taken during a day, the weight of pollutant distnarge calculated f rort it is the daily load.

• dail, concentration limitation

• means the arithmetic average (weighted by flovf of all the determinations of concentration made during the day. If only one sample is traen during the day its concentratinn is the daily concentration. colif orm bacteria lic"' Mons compliance shall be determined usinia the geometric mean.

'7-day load limitation' is the total discharge by weight during any 7-dr.y period divided by the numoer et days in that 7-day period that the facility was in operatic % If only one samole is

• taken in a 7-day period the weight of pollutant discharge calculated f rom it is the 7-day load. If more than one samole is taten during the 7-day period the 7-day load is calculated by determining the daily load for each day sampled, totaling the daily loads for the 7-day period and dividing by the numoer of days sampled.

'7-day ce%eatration timitation' means the arithmetic average (weighted by flow) of all the determinations of daily concentration limitation made during tPe 7-day period. If only sne sample is taten during the 7-day period, its concentration is the 7-day concentration limitation f or that 7-day period. Caliform bacteria limitations compliance shall be determined using the geometric mean.

'30-day leac limitatica' is the total discharge by weight during any 30-day period divided by tne numoer et days in the 30 04, period that the facility was in operation. If only one sample is taken in a 30-day period the weight of pollutant disc.iarge calculated f rom it is the 30-day load. If more than one sample is taten during one 30-day period the 30-day load is calculated by determining the daily load for each day sampled, totaling the daily loads for the 30-day period and dividing ey the numoer of days samoled.

'30-day conceatratinn limitation' means the arithmetic average (weighted by flow) of all the determinations et daily concentration made during the 30-day period. If only one sample is taken during tne 30-day period, its concentration is the 30-day concentration for that 30-day period. Colifarm bacteria limitations compliance shall be determined using the geometric mean.

• H perc ent removal limitations

• means the arithmetic mean of the values for effluent samples collected in a period of 30 consecutive days shall not esteed 15 percent of the arithmetic mean of the values for influent samoles collected at approximately the same times during the same period, absolute timitations. Compliance with limitations having descriptions of 'shall not be less tnan* , "nor greater than*, 'shall not exceed *,

• minimum', or ' maximum *, shall be determined from any single value for effluent samoles and/or measurements collected.

'het concentration

• shall mean the difference between the concentration of a given suDstance in a sample taaen of the discharge and the concentration of the same substances in a sample taken at the intate which supplies water to the given process. For the purpose of this definition samples that are taken to determine the net concentration shall always be 24-hour composite samoles made up of at least sin increments taken at regular intervals throughout the plant day.

' Net load

• shall mean the dif f erence between the load of a given substance as calculated f rom a sample taten of the discharge and the load of the same sucstence in a sample taken at the intake which supplies water to given process. For purposes of this definition samoles that are tate's to determine the net loading shall always be 24-hour composite samples made up of at least sin increments taken at regular intervals'throughout the plant day.

'MGO* meer; 411 ton gallons per day

• mq/1' means milligrams per liter

'uq/I' means micrograms per liter

• Recorting Code

• 15 a five digit number used by the Ohio epa in processing reported data. The reporting code does not imply the type of analysis used nor the sampling techniques employed.

Quarterty sa*plinq frecuency means the sampling shall be done in the months of March, June.

August and Decemoer.

Year 1, sampling f recuency raeans the sampling shall be done in the month of Septencer.

Semi-annual sa*oliec f recuency means the samoling shall be done during the months of June and Decemoer.

Winter shall be considered to be the period from hovemoer I thru april 30.

Bee.1/89 Page 9 of 14 0(PA 31B000160DD 4

• Breas}' means the int 0ntional div0rsion of wasto streams f rom any portion of the treatment facility.

$vaewr shall be considered to be the period f rom May 1 thru October 31

• severe procert, damace' means sunstantial physical damage to property, damage to the creatment f acilities which would cause them to become inoperable, or substantial and peraur.ent los? of natural resources which can reasonably be espected to occur in the absence of a bypats. Severe property damage does not mean economic loss caused by delays in production.

Np1ttI means an etceptional incident in which there is unintentional and temDcrary noncompliance with technology based pern'it ef fluent limitations berause of f ahors beyond the reasonable control of the permittee. An upset dCes not include noncompliance to tee extent caused by operational error. improperly designed treatmerit facilities, inadequate treatment facilities, latt of preventive maintenance, or carelets or improper operation.

2. GidtRat ErrtutNT LIMITATIONS The effluent small, at all times, be free of substances:

A. In amounts the: will settle to f orm outrescent, or otherwise objectionable, sludge deposits; or that will adversely af f ect acuatic lif e or water f owl; B. Of an oily, greasy, or surf ace-active nature, and of other floating debris. in amounts that wili f orm notiteable accumulations of scum. foam or sheen; C. In amounts that will alter the natural color or odor of the receiving water to such cegree as to treste a nuisance; D. In amounts that either singly or in comnination with otner substances are tosit to numan, animal, or aquatic lif e; E. In amounts that are conducive to the growth of aquatic weeds or algae to the entent that such growths become inimical to more desirable f orms of 40uatic lif e, or create conditions that are ensightly, or constitute a nuisance in any otner f ashion;

f. In amounts that will impair designated instream or downstream water uses,

3. FACillTV OPEpaTION AND OUALITY C0dT90t All wastewater treatment works shall be operated in a manner consistent with the following:

A. At all times, the permittee shall maintain in good working order and operatt as effittently as possible all treatment or control f acilities or systems installed or used by the permittee necessary to achieve compliance with the terms a?d condittoas of this Dermit. Proper operation and maintenance also includes adequate laborator, controls and appropriate quality assurance proc edure s . This provision r equires the operation of back-up or auntliary f acilities or similar systems which are installed by a permittee oniv when tne operation is necessary to achieve compliance wita conditions of the permit.

B. The permittee shall ef f ect9vely monitor the operation and ef fittency of treatment and control facilities and the Quantity and Quality of the treated discharge.

C. Maintenance of wastewater treatment works that results in degradation of affluent Quality shall be scheduled during nond ritical water Quality periods and shall be carried out in a manner approved by the Ohio EPA as specified in the Pi.ragraph in this PART !!! entitled. 'UmaVTHOR1IED 015CHa#GU,*. j

a. #tPODTING A. Monitoring data receired by this permit shall be reported on the Ohio (PA report form (4500) on a monthly basis. Inc,1vidual reports f or each samoling station f or each month are to be received no later (nan the 15th day of the next month. The original plus first copy of the report form must be signed and melled to:

Ohio invironmental Protection Agency Div water Pollution Control

[nforcement Section. [$/MOR PO Box 1049 Columnus. Ohio 43266-0149 B. If tne permittee monitors any pollutant at the location (s) designated herein more f recuently than recuired by this permit, using approved analytical methods as specified t'elow, the results of sucn monitoring shall be included in the calculation and reporting of the values reautred in tne reports specified above.

C. Analyses of pollutants not required by this perstt, except as noted in the preceding paragraph, shall not be reported on Ohio EPA report f orm (4500) but records shall be retained as specified in tne paragraph entitled '#EC0005 RET [NTION'

__ __ m_. _

Ree. 1/80 Paee 10 of 14 DC 31B000160DD

5. SAmptlhG a40 anatyTital mETM005 54 moles and measurements taten as required herein shall te representative of the volume and nature of the monitored flow. Test procedures for the analysis of pollutants shall conform to regulation 40 CFR 136, ' Test Procedures f or the Analysis of Pollutants

• unless other test procedures have been specified in this permit. The permittee shall periodically calibrate and perf orm maintenance procedures on all monitoring and analytical instrumentation at intervals to insure accuracy of mea s ur emen t s .

6. RICOR0thG Or of5 ULT 5 f or each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the f ollowing inf ormation:

A. The exact place and date of sampling;(time of sampling not required on E?A 4500)

5. The person ( s) who perf ormed the sampling or measurements:

C, The date the analyses were nerformed on those samples:

D. The person (s) weo performed tSe analyses- .

E. The analytical techniours or methods used; and F. The results of all analyses and measur nents

7. RECORD 5 Rf TENTION The permittee shall retain all of the f ollowing records f or the wastewater treatment works f or a mintmum of three years, including:

A. All sampling anc analytical e ecordt (including internal sampling data not reported);

B, All orig'nal recordings f or any continuous monitoring instrumentation; C. All instrumentation, calibration and maintenance records; and O. All plant operation and maintenance records.

E. All reports reautred by this permit.

f. Records of all data used to complete the application f or this permit f or a period of at least three years f rom the date of the sample, measurement, report or application.

l These periods will be entencea during the course of any unresolved litigation, or wnen so requested by the Regional Administrator or the Ohio EPA. The three year period for retention of records shall start f rom the date of sample, measurement, report or application.

D. AVAILABILITY Cr nEPORT5 Except f or data determined by the Ohio EPA to be entitled confidential status, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the appropriate District Offices of the Ohio EPA. Both the Clean Water Act and Section 6111.05 Ohio Revised Code state that ef fluent data and receiving water quality data shall not be considered confidential. Knowingly making any f alse statement on any such report may result in the imposition of criminal penalties 45 providee-for in the Ohio Revised Code section 6111.99.

9. DUTY 70 rn0 VIDE INr0RMAfl04 j The permittee shall furnish to the Directot, within a reasonable time, any information which the l

Director may request to deters)ne wnether cause exists f or modif ying, revoking and reissuing, or terminating the permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit.

10. RIGHT or ENToy The permittee shall allow the Director, or an authortred representative upon presentation of credentials and other documents as may be recuired by law to:

A. Enter upon the permittee's premihes wnere 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 the permit.

C. Inspect at reasonable times any f acilities, equipment (including monitoring and control equipment), practices, or operitions regulated or required under this permit.

, Rev. 03/91 Page 11 of 14

, OCPA 3IB000160DD

0. Sample or monitor at reasonable times, for the purposes of assuring permit conoliance or as otherwise author 9 ed by the Clean Water Act. any substances or parameters at any location.

11. UmaVTH0nt?ID DISCwanGts l

A. Oypassing or diverting of wastewater free the treatment works is prohibited unless:

1. Bypass was unavoidable to prevent loss of lif e, personal injury or severe property damage;

2. There were no f easible alternatives to the bypass, such 45 the use of auniliary treatment f acilities, retention of untreatei wastes, or maintenance during normal periods of downtime. This condition is not satisfied if adequate back up equipment should have been installed in the esercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and

3. The permittet submitted natices as reoutred under paragraph 0. of this section.

8. If the permittet 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.

C. The Director may approve On s.nanticipated bypass, after considering its adverse effects, if the i Director determines that it has met the three conditions listed in paragraph 11. A. of this section.

D. The permittee shall submit notice of an unanticipated cypass as required in section 12 (one hour notice).

E. The permittee may allow any bypass in occur which does not cause ef fluent limitations to be esceeded if that bypass is for essential maintenance to assure efficient operation.

12. NONC0mpliaNCE NOTir tC TION A. The permittee shall by telephone report any of the followit.g within twenty-four (24) hours of discovery, at (toll free) 1-800 282 9318:

1. Anv noncomoliance which may endanger health or the environment;

2. Any unanticipated bypass wnich exceeds any effluent limitation in the permit; or

3. Any upset which exceeds any effluent limitation in the permit.

4 any violation of a mastmum daily discharge limitation for any of the pollutants listed by tha Director in the permit.

B. For the telephone reports required by Part 12.A. the following information must be included:

1. The times at which the discharge occurred, and was discovered;

2. The approximate am unt and the characteristics of ths discharge;

3. The stre'am(s) affected by the discharge:

4. The circumstances wnich created the discharge;

5. The names and telephor.e numbers of the persons who have knowledge of these circumstances;

6. What remedial steps are ceing taken; and

7. The names and telephone numbers of the persons responsible for such remedial steps.

, C. These telephone reports shall be confirmed in writing within five days of the discharge and I

submitted to the appropriate Ohio (PA 01strtet of fice. The report small include the following:

1. The limitation (s) which has been exceeded; i

i

2. The entent of the exceedance(s);

3. The cause of the exceedance(s);

4. The period of the esceedance(s) including exact dates and times; l

l 5. If uncorrected the anticipeted time the exceedance(s) 15 expected to continue, and

6. Steps being taken to redu<c. aliminate and/or prevent recurience of the exceedance(s).

-- .~

. Ree. 03/gl Pago 12 of 14

, OLPA 31B000160DD

0. Comoliance Schedule Events:

If the permittee is unable to meet any date for at%)eving an event. as specified in the

- Schedule of Como11ance, the permittee shall submit a written report to the appropriate District Of fice of the Ohio (PA within 14 days of becoming a.are of such situation. The report shall include the following:

1. The compliance event which has been or wtO be violated;

2. The cause of the violation;

3. The remedial action being taken;

4. The probable date by which compliance will occur; and

5. The probability of complying with subsequent and fint1 events as scheduled.

[. The permittee shall report all instances of noncompliance not reported under paragraphs 4, B, or C of this section, at the time monitoring reports are submitted. The reports shall contain the inf ormation listed in paragraphs B and C of this section.

F. Where the permittee becomes aware that it f ailed to submit any relevant f acts in a permit application, or submitted incorrect inf ormation in a permit application or in any report to the Director, it shall promptly submit such f acts or inf ormation.

13. RfSERVED la. Duty to mitioste The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely af fecting human health or the environment.

15. AUTHORIZED 01stHaeG[5 All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than, or at a level in excess of, that authorized by this permit shall constitute a violation of the terms and conditions of this permit. Such violations may result in the imposition of civil and/or criminal l penalties as provided for in Section 309 of the Act, and Ohio Revised Code Sections 6111.0g and 6111.99

16. DISCHARGE CHANGES The f ollowing changes must be reported to the appropriate Ohio (PA District Of fice as soon as practicaDie.

l A. For all treatment works, any significant change in character of the discharge which the I permittee knows or has reason to believe has occurred or will occur which would constitute l cause for modification or revocation and reissuance. The permittee shall give advance notice to the Director of any planned changes in the permitted f acility or activity weit.i may result in noncompliance with permit requirements. Notification of permit changes or anticipated noncompliance does not stay any permit condition.

6. For publicly owned treatment works:

1. Any proposed plant modification, addition and/or expansion that will change the capacity or ,

efficiency of the plant;

2. The addition of any new significant industrial discharge; and

3. Changes in the quantity or Quality of the wastes from existing tributary industrial discharges which will result in significant new or increased discharges of pollutants.

C. For non. publicly owned treatment works, any proposed f acility expansions, production increases, or process modifications, which will result in new, dif ferent, or increased discharges of pollutants.

Fo11cwing this notice, modifications to the permit ney be made to reflect any necessary changes in l permit conditions, including any necessary effluent limitations for any pollutants not identified I

anJ limited herein. A determination will also be made as to whether a National (nvironmental Policy Act (NEPA) review will be required. Sections 6111.44 and 6111.45, Ohio Revised Code, require that plans for treatment works or improvements to such works be approved by the Director of the Ohio [PA prior to initiation af construction.

D. In addition to the reporting requirements under 40 CFR 122.41(1) and per 40 CFR 122.42(a), all existing manuf acturing, conow rcial, mining, and silvicultural dischargers must nctif y the Director as soon as they know or have reason to believe:

Rev. 10/89 Page 13 of 14 OtPA 31B00016*DD 1 That any activity has occurred or will occur wnich wou!d result in the discharge on a

, routine or f recuent basis of any toxic pollutant which is not limited in the permit, if that discharge will tatted the highest of the ' notification levels' specified in 40 Cia sections 122.4?(a)(1)(1) through 122.42(a)(1)(iv),

2. That any activity has occurred or will occur which would result in any discharge, on 4-non routine or inf recuent basis of a tonte pollutant which is not limited in the permit, if that discharge will esteed the highest of the " notification leve15' specified in

, 122.42(a)(2)(i) through 122.42(a)(2)(iv).

11. T0ttC POLLVTAMTS The permittee shall comply with ef fluent standards or prohibitions established under Section 307 (a) of the Clean water Act f or tonic 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 recuirement. Following estabitshment of such standards or prohibitions, tne Director shall modif y this psrmit and so notif y the permittee.

18. P!Dult m00!f 1C ATf 0N OR Rf v0C AT104 A. Af ter notice and opportunity for a hearing, this permit may be modified or revoked by the Ohio EPA, in vnole or in part during its term for cause including but not limited to, the f ollowing:

1. violation of any terms or conditions of this permit;

2. obtatning this permit by misrepresentation or failure to disclose fully all relevant facts; or

3. a chaaqe in any condition that requires either a temocrary or permanent raduction or elimination of the permitted discharge.

8. Pursuant to rule 3745-33-06 Ohio Administrative Code the Dermittee may at any time apply to the Chic (PA for modification of any part of this permit. The filing of a request by the permittee f or a permit modification or revocasion does not stay any permit condition. The application.f or modification should be received by the appropriate Ohio EPA District Of fice at least ninety days bef ore the date on wnich it is desired that *he modification become effective. The application shall be made only on f orms soproved by the Ohio EPA.

19, TRANSFER OF DwNER5MIP OR CONTROL This permit cannot be transferred or assigned nor shall a new owner or successor be authorited to discharge f rom this f acility, untti the f ollowing recuirements are met:

A. The permittee shall notif y the succeeding owner or successor of the existence of this permit by a letter, a copy of which shall be forwarded to the appropriate Ohio EPA District Office. The copy of that letter will serve as the permittee's notice to the Director of the proposed transfer. The copy of that letter shall be received by the appropriate Ohio EPA District Office sixty days prior to tne proposed date of transfer; B. A written agreement containing a specific cate f or transf er of permit responsibility and coverage between the current and new permittees (including acknowledgement that the existing i permittee is liable f or violations up to that date, and that the new permittee is liable for

! violations from that date on) shall be submitted to the appropriate Ohio EPA District Office within sixty days after receipt by the District Office of the copy of the letter from the permittee to the succeeding owner; C. The Director does not exercise his rignt within thirty days af ter receipt of the written agreement to notify the current permittee and the new permittee of his or her intent to modify or revoke tie permit and to require that-a new application De filed; and D. The new owner or successor receives written confirmation and approval of the transf er f rom the Director of the Ohio EPA.

At anytime during the sixty (60) day period between notification of the proposed transf er and the ef fective date of the transf er, the Director may prevent the transf er if he concludes that-such transfer will jeopardite compliance with the terms and conoitions of the permit.

20. Oft Amo HarAe0005 5085TANCE (1 ABILITY Nothing in this permit shall be construed to preclude the institution of any legal action or

[ eelieve the permittee f rom any responsibilities. liabilities or penalities to wnich the permittee is or may be subject under Section 311 of the Act.

21. SOLIDS DISPOSAL Collected screenings, slurries sludges and other solids shall be disposed of in such a manner as to prevent entry of those wastes into waters of the State. For publicly owned treatment works these-shall be disDosed of in acCordance with the aporoved OCPA Sludge Management Plan.

.~

. - _ _ _ . _ _ _ _.._ _ _ _ _ __ _ _ _ _ _ .. _ _ _.-. _ _ _~ __ _ _.

/' Rev. 02/91 Page 14 of 14 DEPA 3IB00016*DD

22. CD%5TRUCT10% AFFtCT1h6 mAVIGABtt huTER)

This permit does not authorite or approve the construction of any onshore or offshore pnysical structures or f acilities or the undertaking of any work in any navigable waters.

23. Civlt AND CRin1NAL tl ABILITY lucent as esempted in the permit conditions on UNAUTHOR12t0 015CHAPGE5 or VPSETS, nothing in this permit shall De construed to relieve the permittee f rom civil or criminal penalties f or nonc omplianc e.

24. STAf t L AW5 aND #[6ULAT1De$

nothing in this permit shall be construed to preclude the institution of any legal action nor relieve the permittee f rom any responsibilities. Itabilities, or penalties established pursuant to a any applicable state law or regulation under authority preserved by Section 510 of the Act.

25. Peoptaiv elGHT5 The issuance of this permit does not convey any property rights in either real or personal property, or any esclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any inf ringenent of Federal, state, or local laws or regulations.

26. grill ,

The provisions of 40 CFR 5ection 122.41(n), relating to ' Upset.' are specifically incorporated herein by reference in their entirety. For definition of ' upset'. see Part 111,1. DEFINIT!Das.

21. StvERABILITY 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 circumstance, is held invalid, the application of such provision to other circumstances, and the remaincer of this permit, shall not be af f ected thereby.

28. SIGNATORY RE0V!9EMENTS All applicat'sns submitted to the Director shall be signed and certified in accordance with the recuirements of 40 CFR 122.22(b) a'1 (c).

All reports submitted to the Director shall be signed and certified in accordance with the recuirements of 40 CFR 5ection 122.22(b) and (c).

29. OTHER INFORMATION A. Wnere the permittee becomes aware that it f ailed to submit any relevant f acts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information.

B. ORC 6111.99 provides that any person wno f alsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than 125,000 per violation.

C. ORC 6111.99, states 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 monitoring reports 9r reports of compliance or noncompliance shall, upon conviction, be tunished by a fine of not more than 325,000 per violation.

D. ORC 6111.99 provides that any person who violates Sections 6111.04, 6111.042, 6111.05, or division ( A) of Section 6111.01 of the Revised Code shall be fined not more than-twenty-five thousand dollars or imprisoned not more than one year, or both.

30. MitD TO HALT OR RfDUCE ACTiv1TV 40 CFR 122.41(c), states that it shall not be a def ense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with conditions of this permit.

31. ApoLICABLE FECERAL RUlts All ref erences to 40 CFR in this permit mean the version of 40 CFR which is ef fective as of the ef f ective date of this permit.

,