ML20059A157

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NPDES Permit MI0037028,issued to Michigan Water Resources Commission
ML20059A157
Person / Time
Site: Fermi DTE Energy icon.png
Issue date: 07/19/1990
From: Zugger P
MICHIGAN, STATE OF
To:
Shared Package
ML20059A155 List:
References
MI0037028, MI37028, NUDOCS 9008220143
Download: ML20059A157 (29)


Text

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PERMIT NO.J M10037028:

-MICHICAN WATER' RESOURCES COMMISSION d

-AUTHORIZATION TO DISCHARGE UNDER.THF.' l NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM l 1 tin 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 -

1 Commission Act,'as: amended, (ActL245, Public'Actsfof 1929, as amended, the "Michigani "i

.Act"),

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' The Detroit Edison Company-Fermi-2 Power Plant- l 2000 second Avenue 485 WCB Detroit, Michigan 48226- '

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is authorized to discharge from.a facility located at 6400 Dixie Highway  ?

L Newport, Michigan 48166 t

+ i designated as 1ECo-Enrico Fermi Pit  ;

-to the receiving water named the Lake Erie and Swan Creek in t. 'snce with effluent limitations, monitoring requirements and other coni t forth in.this permit, i

1 This permit. takes effect on the date of issuance.- Any persot. who teais-aggtzeved ,

,.by: thin permit may. file s sworn petition with the. Executive Secretary of the Michigan [

Water Resources Commission, setting forth the conditions of the permit which are being

' challenged and. specifying the grounds for the 'challe- e. The Commission may reject any;petitionifiled more than 60 days after issuanc s being untimely. Upon granting.

1 .,'

, of's contested case to the applicant, the~Commissis- sha11' review the permit to e

- determine which contested term shall be stayed until the Commission takes its final l action ~.l;..If a' contested condition is a requirement placed on-wastewater covered by a ,

y new or increased discharge authorization, such increased discharge authorization- ,

shall:be stayed.until the Commission takes final action. 'All other conditions of j f

16 1'

2 the permit remain in full effect. If the contested condition is a' modification of a j

' previous permit condition land the Commission determines the contested' condition t

shall"be stayed,'then such previous condition remains in effect until the Commission itakes final action.- During'the course of any administrative proceeding brought by a l

person other.than the. applicant, the conditions of this-permit will revain in- '

effect, unlessi he t Commission determines otherwise. ,

This permit and the authorization to discharge shall expire at midnight i October 1, 1994. In order'te receive authorization to discharge beyond the date of- ,

expiration. . the. permittee shall submit such information and f orms as are required by ,

l the. Michigan Water Resources Commission to the Permits Section of the: Surface Water:

Quality; Division no later than 180 days prior to the date of expiration.

- This permit is based on an application submitted on November 2,1989. On its '

effective date this permit shall supersede NPDES Permit No. MIOO39365 expiring October 31, 1983, NPDES ~ Permit No. Fn0001830 expiring March 31, 1990 and NPDES Permit No.. MIOO37028 expiring May 31, 1990. ,

Issued this 19th day of Julv , 19 90 , by t e MiShigan Tater Resources Commission.

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Pdul D. Zdgger j' Executive Seencary 9008220143 900817 i PDR ADOCK 05000341

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Page 2 of:29 l

, [' . PERMIT-No.-MIOO37028 PART'I

@ l

.A. ETTLUENT LIMITATIONS AND MONITORING REQUIREMENTS

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1. Final Effluent Limitatic~ns, outfa11~001

-m During the period beginning on the effective date of this permit and lasting until--

the expiration of this permit, the permittee is authorized to discharge a maximum

of forty _ five million, one hundred thousand (45,100,000) gallons per day

  • of cooling _-

tower blowdown, treated radwaste wastawater and damineralizar regeneration wastewate:

from outfall 001 to Lake Erie. Such discharge shall be limited and monitored by the y

permittee as specified below:

Discharge Limitations 1bs/ day Other Limitations Monitoring Requirements Monthly Daily Month 1; Daily *1surement Sample Effluent' Frequency Type Average Maximum Average Maximum C} ; 'aristic.

(report) (report) -- -- Daily Report Total

!~ Tiow (MCD) Daily Flow Temperature (*P) Reading report Daily Intake -- -- --

Daily Readiag Discharge -- -- -- report

-- 0.2 mg/l 5 I Weekly 3 grab samples'I 1 Tota 1' Residual -- --

I Chlorine (TRC)  ;

1 Chlorine bischarge -- -- -- 120 min./ day 5 X Weekly Report dischar ,

time l Time 81 ug/l -- 2 X Monthly Grab ]

Total Chromium -- --

l 86 ug/l 388 ug/l 2 X Monthly Grab ]

Total Zinc -- --

[

/I Daily Daily Minimum Maximum 6.5 9.0 Weekly Grab pH (Standard Units)-- --

-- Daily Visual outfall Observation-- -- --

s

  • The flow is not to be considered as a limitation on either the quantity or rate over
time of discharge.

l' TRC is to be measured by the amperometric titration technique or other methods approvec.-

l' .by the, Chief of the Surface Water Quality Division. The daily maximum limitatio- for t:

TRC shall be reported as the average of 3' equally spaced grab samples taken-duri.g the discharge of chlorine. No single sample shall exceed 0.3 mg/l of TRC. The-permittes-may use dochlorination techniques to achieve the applicable TRC limitations, using sodium thiosulfate or sodium sulfite or other dechiarinating agents approved by the Chief of the Surface Water Quality Division, as dachlorination reagents. The quantity of reagent used shall be limited to 1.5 times the stoichiometric amount .

needed for dochlorination of applied chlorine. The permittee shall report monthly  !

the quantity of each dechlorination reagen,t used per day, i

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I FERM3T No. M80037038 Pess'3 ef 29

.,f* ,

PART I l

. Section A.

a. The receiving stream shall contain no unnatural turbidity, color, oil film,

' floating solids, foams, settleable solids, or deposits in quantities which are or'  !

may become injurious to any designated use as-a. result of this discharge.

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b. Samples, measurements, and observations taken in compliance with the monitoring requirements above shall be taken as follows: intake-prior to entering the planti discharge-prior to discharging to Lake Erie.
c. Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, oil film, floating solids, foems, settleable solids, or deposits which would not be j i

expected from the discharges specified above) shall be reported immediately  ;

to the Detroit D16trict Supervisor of the Surface Water Quality Division followed -l with a written report within 5 days detailing the findings of the investigation and the steps taken to correct the condition.

d.- In the event the permittee shall require the discharge of water treatment additives in addition to any previously approved by the Detroit District Supervisor of the Surface Water Quality Division, the permittee shall notify the Detroit District Supervisor. Written approval from the Detroit District Supervisor to

, discharge such additives at specified-levels shall be obtained prior to discharge by the permi'.cee. The permit will be modified in accordance with the requirements of Part II.B.4._ if a constituent of the additive or additives requires limiting.

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- *- Pcge 4 of 29; ,

' PERMIT No. M10037028.

PART 1 j

. .Section A.

2.- Final Effluent Limitations, Outfall 00A l - During -the period beginning on the ef fectiye date of this permit and lasting. '!

i. -until-the expiration of this permit, the permittee is authorized to discharge -j a maximum of two hundred and sixteen thousand (216.000) gallons per day
  • of treated radvaste wastewater (a low volume waste) from outfall 00A through outfall 001 to Lake Erie. Such discharge shall be limited and monitored by. =;

the permittee as specified below q Discharge Limitations * '

1bs/ day Other Limitations Monitoring Requirements Monthly Daily Monthly- Daily Measurement Sample

. Effluent Average Maximum Trequency Type Characteri'stic Average Maximum (report) (report) -- -- Daily per Report Total

.Tiow (MGD). occurrence Daily Flow Total Suspended Solids, -- 30 mg/l 100 mg/1' Weekly per Grab occurrence 15 mg/l 20 mg/l 2 X Monthly Grab 1 011 & Grease -- --

per occurrence

  • The flow is not to be considered as a limitation on either the quantity or rate over time of discharge.

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a.- Samples, measurements, and observations 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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FERMIT No..M10037028 ,

Page 5 of 29

,., l PART I

.i

- Section=A.

I3. . Final Effluent Limitations, outfall 003 During the period beginning on the effective date of-this permit and lasting until'  ;'

the expirar. ion of this permit, the permittee is authorized to discharge a-maximum of two hundred and eighty-eight thousand (288,000) gallone per day

  • cf- .

domineralization and neutralization tank wastewater Such(low volumeshal1~be discharge vaste) from limited, outfall 005 through outfall 001 to Lake Erie.  ;

and monitored by the permittee as specified below ,

4 Discharge Limitations 1bs/ day- Other Limitations Monitoring Requirements Monthly -Daily Monthly Daily. Measurement . Sample. I

. Effluent- Average Maximum Trequency Type- 1 Characteristic Average Maximum (report) Daily Report. Total  !

  • Flow (MGD). (report) -- --

Daily Flow 30 mg/l 100 mg/l Weekly per Grab ]

Total Suspended Solids --

occurrence

-- 15 mg/l 20 mg/l 2 X Monthly Grab 011 & Grease --

per occurrence

  • The Tiow is not to be considered as a limitation on either the quantity or rate over time of discharge. <

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a. Samples, measurements, and observations taken in compliance with the monitoring requirements above shall be taken pe18r to mixing with the monitoring

[~ requirements above'shall be done prior to mf : qs with' any other process or cooling waters.

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Page 6 of 29

  • L. PERMIT No. MIOO37028
  • - PART I Section A.
4. Final Ef fluent Limitations, Outf all 002 During the period beginning on the effective date of this permit and lasting until the. expiration.of this permit, the permittee is authorized to discharge a maximum of five hundred_ and sixty thousand (560,000) gallons per day
  • of turbine.

building dewatering _ water and an undetermined amount of storm water runoff from ,

outfall 002 to Swan Creek via overflow canal. . Such discharge shall be limited and monitored by the permittee as specified below:

Discharge Limitations ,

lbs/ day other Limitations Monitoring Requirements Monthly: Daily Monthly Daily- Measurement -Sample Effluent Type Average Maximum Average Maximum Frequency Characteristic outfall Observation' -- -- -- -- ' Weekly Visual

  • The flow is not to be censidered as a limitation on either the quantity or rate over time of discharge.

-a. The receiving 9tream shall contain no unnatural curbidity, color, oil film,

' floating solids, foams, settleable solids, or deposits in quantities which are or may-become injurious to any designated use as a result of this discharge, b .' Observations taken.in compliance with the men 1. fing requirements above.shall '

be'traen~at outfall 002.

c. Any unusual characteristics of the discharge (i.e., unnatural turbidity, color.

-oil film, floating solids, foams, settleable solids, or deposits which veuld not be expected from the discharges specified above) shall be reported immediately to the Detroit District Supervisor of the Surface Water Quality' Division followed with a written report within 5 days detailing the findings of the investigation and the steps taken to correct the condition.

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'.'= Pege 7 of-29  :)

. 9 ctERMIT_NO.:MICO37028_

PART I q 4

i Section A.-

5. Final-Effluent Limitations, Outfall 003 During the- period beginning on the .ef fective date of this permit and lasting until.

the expiration of this permit, the: permittee.is authorized to discharge:an average of'three million and six hundred thousand (3,600,000) gallons per day

  • of-reactor building devatoring water from outfall 003 to Swan Creek. Such discharge shall be limited and monitored by the permittee as specified below:

Discharge Limitations 1bs/ day Other Limitations Monitoring Requirements 1 Monthly Daily Measurement Sample Effluent Monthly Daily Frequency Type 1

Characteristic ~ Average Maximum Average Maximus V^ -- Weekly Visual Outfall Observation-- -- --

L *The flow is not to be considered as a limitatior, on either the quantity or rate over'tims of discharge.

a. The receiving stream shall contain no unnatural turbidity, color, oil film, floating solids, foams,_settleable solids, or deposits in quantities which are or 4

-may become injurious to any designated use as a result of'this discharge.-

b. 'kservationsttaken in compliance with the monitoring requirements above shall be u i at outfall 003. .
c. Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, oil film, floating solids, foams, settleable solids, or deposits which would not be expected f rom-the discharges specified above) shall be reported immediately to the Detroit District Supervisor of the Surface Water Quality Division followed l

with a:vritten report within 5 days detailing the findings of the investigation y and the-steps taken to correct the condition.

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',t Pcge 8 of129

.; PERMIT'NO. MIOO37028 PART I'

n o: Section A. 1

~6.- Tina 11 Ef fluent Limitations. Outfall- 004 During the period beginning on the effective date of this permit and lasting  !

untillthe. expiration-of this permit, the permittee is authorized to discharge an average of one hundred (100) gallons per day

  • of devatoring water and an undetermined amount of storm water runoff.from outfall 004 to Lake Erie via quarry ..akes. Su-h discharges shall be limited and monitored by the permittee as specified belos Discharge Limitations lbs/ day Other Limitations Monitoring Requirements Mor.thly . Daily Monthly- Daily- Measurement. Sample Effluent Frequency Typs "

Characteristic- Average Maximum Average Maximum Outfall Observaticn -- -- -- -- Weekly . Visual i '

! *The flow is not to be considered as a 1Laitation on either the quantity or race

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over time of discharge.

a. The receiving: stream shall contain no unnatural turbidity, color, oil film,

' floating colids, foams, settleable solids, or deposits which are or may become injurious to any designated use as a result of this discharge.

b. Observations taken in compliance with the monitoring requirements above shall-j, be-taken at outfall 004.

h .c. . Any unusual. characteristics of the discharge (i.e..' unnatural turbidity, color, ,

oil film, floating solids, foams. settleable solids, or deposits which would not be expected from the discharges specified above) shall be reported immediately,to the ,

Detroit District Supervisor of the surface Water Quality Division followed with a written-report within 5 days detailing the findings of the investigation and the steps taken to correct the condition.

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-PERMIT NO.'MIOO37028 .

. Pess 9 of' 29'

(

- PART I ,

p- Section A.

7 . :- Final Effluent Limitations Outfalls 005, 007 and 008 ,

a During the period beginning on the effective date of this permit, . the permittee

.is authorized to discharge an unspecified amount of storm water runoff through l

l outfalls 005,' 007 and 008 to take Erie via Quarry Lakes. Such discharge shall be limited and monitored by the permittee as specified belowr t

. Discharge Limitations-lbs/ day Other Limitations Monitoring Requirements Monthly Daily Monthly- Daily Measurement Sample  ;

L Effluent- Frequency Type v Maximum Average Maximum f' Characteristic A_erage

-- --- Daily Per Visual Outf all Observation -- --

Occurrence a.- The ' receiving stream shall contain no unnatural turbidity, color, oil film, floating solids, foams, settleable solids, or deposits in quantities which are or

-may become injurious to any designated use as a result of this discharge. . .

be-

b. _ Observations taken in compliance with the monitoring requirements above shall taken at outfalls 005, 007.and 008.
c. Any unusual' characteristics of the discharge (i.e., unnatural turbidity, color, ,

oil film, floating solids, foams, settlesole solids,.or deposits which would not be expected from the . discharges specified above) shall be reported immediately to ' the "

Detroit District Supervisor of the Surf ace Water Quality Division followed with a written report within 5 days detailing the findings of the investigation and the steps taken to correct the condition.

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Pese 10'of.29 +

. PERMIT NO. MIOO37028

. JPART I. ,

'. Section A.

8. - Final 1 Ef fluent Limitations. Outf all OW1

-During the period beginning on the efi"etive date of this permit and lasting until the expiration of this permit, the permittee is authorized'to discharge a maximum of seven hundred twenty thousand (720,000)'sa11ons per. day

  • of.

storm water runof f and miscellaneous low volume wastes from outfall 009 to

. Swan Creek via overflov. canal. Such discharge shall be limited and monitored by the permittee as specified below:

L Discharge Limitations  !

1bs/ day other Limitations- Monitorina Requirements Monthly- Daily Measurement Sample- s Effluent Monthly Daily Type Maximum Average Maximum Frequency Characteristic Average (report) (report) -- -- ' Daily Per Report Total-Flow (MCD) Occurrence Daily T1ow  ;

30 mg/l 100 mg/l Per Grab J Total Suspended Solids --

Occurrence .

15 mg/l 20 mg/l Per Grab 011 & Grease -- --

Occurrence 9

Daily Daily Minimum Maximum 6.5 9.0 Per Grab pH (Standard Units) -- --

Occurrence

-- Per . Visual ,

. Outf all Observation -- -- --

0ccurrence

  • The Flow is not to be' considered as a limitation on either the quantity ~or rate over a

time of discharge.

a. The receiving stream shall contain no unnatural turbidity, color, oil film, L

floating solids, foams, settleable solids, or deposits in quantities which are or j may become injurious to any designated use as a result of this discharge. _

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b. Samples, measurements, and observations taken in compliance with the monitoring a

L requirements'above shall be taken: (1) Outfall Observation - prior to discharge to

! the overflow canal; .(2) Other Parameters -- prior to mixing of low volume vastes with 1 storm waters.

c. Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, oil film, floating solids, feams, settleable solids, or deposits which would not be expected from tb= discharges specified above) shall be reported immediately to the E

Detroit District Supervisor of the Surface Water Quality Division followed w1th a written report within 5 days detailing the findings of the investigation and the ,

steps taken to correct the condition.

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Page 111cf 29- -j

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' PERMIT NO.lM10037028-  ;

L ,

PART I n j L:

n

  • ' Section A.

d.. li.the event the permittes.sha11 require the dischtti;e of water treatment

' additives in addition to any previously approved by,the_Datroit. District Supervisor

': of:the Surf ace Water Quality Division,- the permittes sha13 ' notify the Detroit.

Distrier Supervisor.- Written approval from the Detroit District Supervisor to' .

' discharge ~such additives at'specified levels shall'be obtained' prior-to discharge by

.the permittee. The permit will be modified in accordance with the. requirements of.

~Part II.B.4. Af a constituent of the additive.or additives'. requires limiting.

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e PERMIT No. MIOO37028 Pese 12 of 29  :

PART I i

'Section A.

L 9. . ' Final ~ Effluent Limitationsc outfall'011 .

E l'

During the period beginning on the.ef fective date of this permit' and lasting -

I.

until the expiration of this permit, the permittee is authorized to discharge sallons*-per day-

_ a maximum of. one hundt ,d ninety-five million (195.000,000)-

fl of non-contact cooling water and low volume wastes consisiting of oily E

wastewater, domineralizer wastewater and an unspecified amount of storm.

water runoff from outfall 011 to Swan Creek.- Such discharge;shall be limited >

and-monP' red by the permittee as specified belows I

1 Discharse Limitations Monitoring Requirements Other Limitations )

~

l' lb s / day Monthly Daily Measurement Sample i Effluent Monthly Daily Frequency Type Characteristic- Average Maximus Average Maximus' (report) Daily Report Total '

Flow (MGD) (report) -- --

. Temperature ('F) Daily Reading

' -~ -- report-Intake --

-- -- report Daily Reading Discharge

-- 0.2 ag/l 5 x weekly 3 grab samples Total Residusi -- --

L Chlorine (TRC) l

-- -- 120 min./ day 5 X Weekly Report dischar '

Chlorine Discharge -- tf --

Daily Daily -1 Minimum Maximum 6.5 9.0 Weekly Grab pH (Standard Units)-- --

-- -- ~ Daily Visual outf al.1 Observation-- --

  • The flow is not to be considered as a limitation on aither the quantity or rate ovee time of discharge.

1 TRC is to be measured by the amperometric titration technique or other methods approven by , the Chief , of the Surf ace Water Quality- Division. The daily maximum limitation for

~TRC'shall '.'s reported as the average of.3 equally spaced grab samples taken during the discharge of chlorine. No single sample shall exceed 0.3 ag/l of TRC. The permittee may use dochlorination techniques to achieve the applicable TRC limitations, using

  • ' sodium-thiosulfate or sodium sulfite or other dochlorinating agents approved by tho' l

,4 Chief of the Surface Water Quality Division, as dochlorination reagents. The quantity of reagent used shall be limited to 1.5 times the stoichiometric amount needed-for dachlorination of applied chlorine. The permittee shall report monthly

'the quantity of each dachlorination reagent used per day.

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= .i PERMIT NO. M10037028 .Pcss 13 of 29'

.- l

-Section A. l,

s. The receiving stream shall contain no unnatural turbidity, color, oil' film, ,

l floating solids, f oams, settleable solids, or' deposits in quantities which are or may become injurious to any designated use as a. result of this discharge. l I

b. Samples, measurements. and observations taken in compliance with the ,

monitoring requirements above shall be taken as follow: intake-prior to entering; f l

plant; discharge-prior to discharging to Swan Creek.

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c. Any' unusual characteristics of the discharge (i.e., unnatural turbidity, color,  !

oil film, floating solids, foams, settleable solids, or deposits which would not be '

expected from the discharges specified above) shall be reported immediately to the hatroit District Supervisor of the Surface Water Quality Division followed with a written report within 5 days detailing the findings of the. investigation and the )

steps taken to correct the condition.

d. In the event the permittee shall require the discharge of water treatment additives in addition to any previously approved by the Detroit District Supervisor i of the Surface Water Quality Division, the permittee shall notify the Detroit District Supervisor. Written approval from the Detroit District Supervisor te discharge such additives at specified levels shall be obtained prior to discharge by the permittee. The permit will be modified in accordance with the requirements of Part II.B.4. if a constituent of the additive or additives requires limiting.
e. The term noncontact cooling water shall mean water used for cooling which does.

not come into direct contact with any raw material, intermediate product, .,

by-product, vaste product, or finished product.

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FERMIT NO.:M30037038 Page 14 ef 39

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PART I 4

Section~A.

10. Final Effluent Limitations Outfall 00C During the period beginning on-the. effective date of this permit and lasting until the expiration of this permit, the permittee is authorized to discharge a maximum of two hundred. sixteen thousand (216',000) gallons per day
  • of low volume vastes-consisting of oily wastewater from outfall 00C through outfall 011 to Swan Creek.

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

Discharme Limitations ,

1bs/ day other Limitations Monitorina Requirements Monthly Monthly Daily Measurement Sample.

' Effluent Daily.

Frequency Type Characteristic Aver g Maximum Averate Maximus (report) (report) -- -- Weekly Report' Total Flow (MCD) Daily Tiow Total Suspended Solids -- -- 30 mg/l 100 mg/l Weekly Grab-011 & Grease -~ -- 15 mg/l 20 mg/l 2 X Monthly Grab

  • The. flow is not to be considered as a limitation on either the quantity or rate over time of discharge.
a. Samples, measurements, and observations taken in compliance with the monitoring requirements above shall be taken at.outfall 00C prior to discharge to outfall 011.

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, .7 Pcto 15 of;29:

,.-, PERMIT.NO.-MIOO37028- , 6 1.-

L ., , PART I-

' - Section A.'

11. Final Effluent Limitations Outfall OOD .

During the period beginning on theLeffective date of this permit and lasting until '

the expiration of this permit, the permittee is authorized to discharge a maximum-of fifteen.thousand (15,000). gallons per day *'of low volume wastes consisting of .

'demineralizar wastewater from outfall 00D through outfall 011 to Swan Creek. Such <

discharge : shall_ be limited and monitored by the- permittee as specified- below:

Discharme Limitations i

~

lbs/ day Other Limitations- Monitorina Requirements Monthly Monthly Daily Measurement- Sample Effluent' Daily Frequency -Type Characteristic- Average Maximum Averase Maximum

-(report) (report) -- -- Weekly Report- Total Flow (MGD) -

Daily Flow 30 mg/l 100 mg/1. Weekly Grab Total Suspended Solids -- - ,

15 mg/l -20 mg/l 2 X Monthly Grab 011 & Grease - --

t

  • The flow is-not to be considered as a limitation on either the quantity or rate over time of discharge. ,
s. Samples, measurements, and observations taken in compliance with the monitoring requirements above shall be'taken at outfall 00D prior to discharge t

to.outfall 011.

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Pego 16 of 29, c

,- PERMIT NO. MI0037028-i i-PART I Section A.  ;

12. Tinal Ef fluent Limitations ' Outf all 012 .

During the period.beginning on the effective date of this permit and lasting until cl.a expiration of this permit.the permittee is authorized-to discharge ,

an unspecified amount of stormwater runof f from outfall 012 to' Lake Erie. t Such discharge shall be limited and monitored by the permittee as specified

'below -

  • Discharge Limitations e 1bs/ day Other Limitations'. Monitoring Requirements.

Daily -Monthly Daily Measurement Sample = .i Effluent . Monthly Average Maximum Frequency Type i

-Characteristic Average Maximum  !

-- -- Weekly Visual-Outf all Observation -- --

During Discharge i'

a. The receiving stream'shall contain no unnatural turbidity, color, oil film, floating solids, foams, settleable solids, or deposits in quantities which are or. '

may become injurious to any designated use as a result of this discharge.

b. Obsesvations taken in compliance with the monitoring requirements above shal1~ t be taken av outfall 012' prior to discharge to Lake Erie.

i c.. Any unusual characteristics of-the discharge (i.e., unnatural turbidity, color, oil, film, floating solids, foams, settleable solids, or-deposits which would not be expected from the discharges specified above) shall be reported immediately to the. ,

Detroit District Supervisor of the Surf ace Water Quality Division followed with a l-written report within 5 days detailir.g the findings of the investigation and the I

steps taken to correct the condition.

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Pagi 17 of'29

  • PART I i

'Section'A.'

- 13. Final Ef fluent Limitations. Outf all 013 During the period beginning on the effect'ive date of'this permit and lasting l until the expiration of-this permit, the permittee is authorized to discharge water to Lake Erie from material dredged from Lake Erie and placed in a diked disposal basin through outfall 013. Such discharge shall be limited and monitored by the permittee as specified belovt  :

Discharge Limitations i Monitoring Requirements 1 lbs/ day Other Limitations Monthly Daily Monthly. Daily Measurement Sample  ;

Effluent Frequency ~ Type Characteristic Average Maximum Average Maximus (report) (report) -- --- Daily During Repo'rt. Total .

Flow (MGD) Discharge Daily Flow. ]

Total-Suspended Solids -- -- 30 mg/l 100 mg/l Daily During Grab Discharge ,

-- Daily During Visual Outfall Observation -- -- --

Discharge Observation . i Daily Daily Minimum Maximum

.pH (Standard Units) -- -- 6.5 9.0 Daily During Grab Discharge

a. The receiving stream shal'. contain no. unnatural turbidity, color, oil film, floating solids, foams, settleable solids, or deposits which are or may become

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injurious to any designated use as a result of this discharge.

b. Samples, measurements, and observations taken in compliance with the monitoring requirements' above shall be taken prior- to discharge to Lake Erie. .

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l c. Any. unusual characteristics of the discharge (i.e., unnatural' turbidity, color, oil. film, floating solids, foams,'settleable solids, or deposits which would not be

f. : axpected from the discharges specified above) shall be reported immediately to the Detroit' District S.upervisor of the Surface Water Quality Division followed with a l

written report within 5 days detailing the findings of the investigation and the-steps taken to correct the condition.

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PERMIT No. MIOO37028 Pcge 18 of 29 PART I i

-Section A.

~14 Special Condition - Short Term Waste Characterization Study >

As a condition of this permit, the -permittee shall monitor the. discharge f rom outfall 001 for the constituents, at the frequency, and for the duration specified below. This monitoring is designed to determine whether these constituents are discharged in significant quantities. The results of the analysis of such monitoring shal1~ be submitted to the Detroit District Supervisor of the Surface Water Quality Division in accordance with Part I.C.2, Schedule of Compliance.

If upon review of the analysis, it is determined that any of_the materials or constituents require limiting to protect the receiving waters in-accordance with applicable water quality standards, the permit may then be modified after public notice and Commission approval of the recommended permit modification in accordan a with Part-II.B.4 f DESIRED CONSTITUENT SAMPLE TYPE DETECTION-LIMIT SAMPLE DURATION L

Total Cadmium 24 Hr. Comp. 0.2 g/l Weekly /6 Weeks Total Copper 24 Hr. Comp. 5 ug/l Weekly /6 Weeks Total Lead 24 Br. Comp. 1 ug/l Weekly /6 Weeks Total Selenium 24 Br. Comp. 5 ug/l ,

Weekly /6 Weeks Total Silver 24 Hr. Comp. 0.5 ug/l Weekly /6 Weeks

15. Special Condition - Volatile & Acid Compounds and PCBs Scan and Quantitative Data For Other Listed Pollutants The permittee shall conduct an analysis of a grab sample on outfalls 009 and 011 In addition, for.a GC/MS Scan for Volatile Compounds, Acid Compounds and PCBs.

the permittee shall provide quantitative data for metals listed, amenable cyanide total residual chlorine and total phosphorus. The results of these tests shall be submitted to the Detroit District Supervisor of the Surface Water Quality Division within 120 days of becoming fully operational. If upon review of the analysis, it is determined that any of the materials or constituents require limiting,.the' permittee will be so informed. The permit will then be modified in accordance with Part II.B.4 The compounds to be included in-the tests are listed below:

l Volatile' Compounds acrolein acrylonitrile l benzene brosoform I carbon tetrachloride chlorobenzene chloroethane l chlorodibronomethane

'2-chloroethylvinyl ether chloroform '

dichlorobronomethane 1,1-dichloroethane 1,2-dichloroethane 1,1-dichloroethylene 1,2-dichloropropane- 1,2-dichloropropylene I ethylbenzene methyl bromide methyl chlorida methylene chloride 1,1,2,2-tetrachloroethane tetrachloroethylene tolune 1,2-trans-dichloroethylene 1.1.1-trichloroethane 1,1,2-trichloroethane trichloroethyleae vinyl chloride

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' Phge 19.cf!29:

PERMIT No. M10037028) ,

, .' 1 PART.1:

e

'Section A..

Acid Compounds 2,4-dichlorophinol )

2-chlorophenol I 2 ;4-dimethylphenol'- 4,6-dinitro-o-crosol.

-2,4-dinitrophenol- 2-nitrophenol

g. 4-nitropheno1L . p-chloro-a-crosol 7' .pentachlorophenol. phenol 2,4,6-trichlorophenol' 7 w

PCBs- .

PCB-1242' PCB-1254 .

PCB-1232 l PC5-1221 '

PCB-1248 PCB-1260 .

g '

D PC5-1016 L

I: Metals- 1:

Antimony Total Arsenic, Total *

' beryllium, Total Cadmium. Total Chromius, Total Copper Total Lead. Total Mercury. Total Selenium Total'

. Nickel,' Total-Silver. Iotal Thallium Total

' Zinc, Total t

16. Special Condition - Priority, Pollutants

, 'The permittee shall;not discharge priority pollutants, contained in; chemicals added fericooling tower maintenance, in the cooling tower blowdown to the receiving. -;

waters of'the state as.a result of plant operations.. In the event the permittee; .

sha11' require <use ef'such chemicals, the permittee'shall notify the Detroit District -q Supervisor of the' Surf:ce Water. Quality Division., The permit will be modified:in.

accordance with the requirements of Part II.B.4. to include effluent limitations i

, , i forLthese pollutants.

17. Special-Condition - Temperature Modification ,

The. Water Resources Commission is considering the necessity of incorporating . '

temperature 1Laitations in this permit to assure that, the requirements of Rule o82 (1) of the Michigan Wr.ter Quality. Standards are met. Therefore, when the consideration of this issue has been completed, the Commission may modify this permit in accordance r with Part 11.B.4. to add appropriate temperature limitations or requirements, i

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Pcge 20 of 29 PERMIT NO. M10037028--

PART I

-Section'A.

j

18. Special condition - Compliance-Demonstration for Water Additive (s).

\

The authorization es discharge water additives Betr -S11micide C-78P, Betz Clastrol Ct-1, Betz Copportrol CU-1, and Bets Powerline 3690 from outfalls 001

. beyond January 31,199_!, will require the permittee to'sdbmit to the Detroit District Supervisor of. the Surface Water Quality Division, sufficient data to .,

demonstrate that the concentrations of the above mentioned water additives in the j discharge do not exceed the affluent limitations of 0.1 mg/1, 0.08 mg/1, 5.6 mg/l J and 100 mg/l respectively. The concentrations of the water additives in the discharge shall be determined by analyses or, if an approved analytical techniqueThe is

~

not available, by calculation based on the mass balance through the system.

discharge concentration data shall be submitted to the Detroit District Supervisor  ;

j of the Surface Water Quality Division by October 31,- 1990.

l If, as determined.by the Detroit District Supervisor, the water additive (s), as- .j l

currently used, do not exceed the affluent limitations, the permittes vill be authorized to continue the use of the water additives at the levels specified l in the application. 1 If, upon review of the above demonstration, it is determined by the Detroit District Supervisor that the affluent limitations are being exceeded, the- i permittee will be so notified. The permittee shall achieve compliance with the effluent limitations within three months of such notification. .i i

19. Special Condition - Inta,ke Screen Backwash .l j

During the period beginning on the effective date of this permit and lasting 1 l

until the expiration of this permit, the permittee is authorized to discharge L intake screen backwash from outfall 006 to Lake Erie. The permittee shall collect and remove debris accumulated on intake trash bars and dispose of such material on' land in an apprropriate manner.

I

20. Special Condition - Fire Fighting Test and Flush Water d

During.the period beginning on the effective date of this permit and lasting j until.the expiration of this-permit, the permittee is authorized to discharge'an undetermined amount of water from Lake Erie used to test and flush the fire fighting 1 system.

21 . Special Condition - PCB Prohibition  !

Effective upon the date of issuance of this permit, the permittee shall not

-discharge any polychlorinated biphenyls to the receiving waters of the State of l

Michigan as a result of plant operations.

22. Special Condition - Cooling Water Intake Study I

The facility's proposal to conduct a cooling water intake study in 1991 is approved and the study should be complaced in 1992.

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  • Pogo 21 of 29

' PERMIT NO. MIOO37028 o .)

PART I 4

-Section A.-

23 Special Condition - Corps of Engineers ,

The Assuance of this permit does not negate the authority of the Corps of' Engineers to assess the permittee costs incurred by the Corps in dredging materials-sattributable to'the permittee's discharge.

2 4 '. Special Condition - Roopen'er. Clause This permit may be modified or, alternatively, revoked and reissued to comply ~ q with any applicable standard (s) or limitation (s) promulgated under Section 301(b)(2)(c)(d). 304(b)('.',) and 307(a)(2) of the Act, if the affluent standard (s)'or limitation (s) so promuir,ated:

a. is(are) either different in condition or more stringent than any affluent limitation in the permit; or
b. control (s) any pollutant not limited in the permit.

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25. Special Condition - Notification Requirement The permittee shall notify the Detroit District Supervisor of the Surface Water-Quality Division, in writing, within 10 days. of knowing, or having reason to believe, that any activity or change has occurred or.will occur which would result

- in the discharge of,:

a. -Detectable levels
  • of chemicals on the current Michigan Critical Materials Register or priority pollutants or hazardous substances set forth in 40 CFR 122.21 Appendix D, which were not acknowledged in the application ** or listed in the application at 2'ss than  ;

detectable levels.

b. Detectable levels
  • of any other chemical not listed in the application or listed at less than detection, for which the application specifically l

I requested information.

c. Any chemical at levels greater than five times the average level reported ,

in the application **.

Any other monitoring results obtained as a requirement of this permit shall be reported in accordance with the schedule of compliance.

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  • The detectable level shall be defined as the Method Detection Limit (MDL) as given t

' b-Appendix B~to Part 136, Federal Register, Vol. 49, No. 209, October 26, 1984 pp. 4'430-31.

    • The applitsJon submitted on November 2, 1989.
26. Discharge to the Groundwaters The reissuance of this permit does not authorize any discharge to the groundwaters. Such discharge must be authorized by a groundwater discharge permit issued pursuant to Act 245, Public Acts of 1929, as amended.
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Pege-_22 of 29

 : PERMIT No. MICO37028 PART I B. HONITORT/M AND REPORTING 1.' Representative Sampling Samples and measurements taken as required.herein shall be representative of the volume and nature of the monitored discharge.

2.. Reportingi s.. DMR Submittal ~ Requirements .The permittee shall submit Discharge.

Monitoring Report (DMR) forms to the Michigan' Department of Natural Resources.

Surface Water Quality Division,. Data Entry Unit, P.O. Box 30028, Lansing,- ..

Michigan, 48909, for each calendar month of the authorized discharge period (s).

The DMRs shall be postmarked no later than the 10th day of the month following each month of the authorized discharge period (s).

3. Definitions
a. The monthly; average discharge is defined as the total discharge by weight, or concentration if=specified, during the reporting month divided by the number of days in the reporting month that the discharge from the productica or, ,

commercial facility occurred. If the pollutant concentration in any sample is less than the detection limit, regard that value as zero when calculating

. monthly average concentration. When less than daily sampling occurs, the monthly average discharge shall be determined by the summation of the measured' daily discharges by weight, or concentration if specified, divided by the number of days durin3 the reporting month when the samples were collected, analyzed and: reported.

b. The daily- maximum' discharge means the total discharge by weight.. or concentration if specified, during any calendar day,
c. The Regional Administrator is defined as the Region V Administrator, U.S.

EPA, located at 230-South

Dearborn,

13th Floor, Chicago, Illinois, 60604..

d. The Executive Secretary of the Michigan Water Rescurces Commission is located in the KNAPP'S OFFICE CENTRE. The mailing address is P.O. Box 30028 Lansing,' Michigan, 48909.
e. The Chief-of the Surface Water Quality Division's mailing. address is Box 30028, Lansing, Michigan, 48909.

P.-C.

4. Test Procedures Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304(h) of the Act, under which such procedurde may be required.

ERMIT No.,M10037028

^

Pego 23 of-29' PART I

~

Section B.:

5. Recording!Results For each measurement or sample taken pursuant to the requirements ~of this permit, the-permittee shall record the following informatica:-
a. The exact place, date, and time of *assurement or sampling; . -1 f

-b. The: person (s).who performed the measurement or sample collection;.

t

)

.c.. The dates 'the analyses were performed;- ,

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d. The person (s)-who performed the analyses; i
s. The analytical techniques or methods used; i
f. The date of and person responsible for equipment calibration; and'
g. The results of all required analyses. .

a

6. Additional. Monitoring by Permittee  !

l lIf the permittee monitors any pollutant at the location (s) designated herein- .;

more frequently than' required by this permit, using approved analytica1' methods as l, specified above, the results of such monitoring shall be included in the calculation' '!

and reporting of the values required inz the Discharge Monitoring' Report. Such increased-frequency shall a7sc be indicated.

1

.7. Records Retention All records and in#ormation resulting .m the monitoring activities required  !

p by this permit' including:all records of s sayses performed and calibration and j maintenance of instrumentation and recoratngs from continuous monitoring '

instrumentation lshall be retained for a minimum of three (3) years, or longer if requested by the Regional Administrator o' the Michigan Water Resources Commission.

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PERMIT NO. M10037028 Fose 24 of 29 i PART I )

C. SCHEDULE OP C0KPLIANCE

1. The permittee shr.11 continue to operate the installed facilities to achieve the affluent limitations specified for outfalls 001, 00A, 005, 002. 003, 004, 005, 006 .

0075 008, 009, 011, 00C, 00D, 012, and 013. ,

2. The permittee shall achieve cespliance with the Short Tern Waste Characterization Study requirements specified in Part I.A.14. for outfall 001 in accordance with the following schedule. All submittals shall be to the Detroit District Supervisor of the Surf ace Water Quality Division.
n. On or before November 30, 1990, the permittee shall implement the study. . ,
b. On or before January 31, 1991, the permittee shall have complead all monitoring as required.
c. On.or before March 1, 1991, the permittee shall submit the analytical t results of such monitoring.
3. Reapp11 cation If the disc,harges authorized by this permit are expected to continue beyond the expiration date of this permit, the permittee is required to submit an application
  • for reiseuance to the Chief of the Permits Section of the Surface Water Quality Division on or before April 1, 1994. ,

4 6 Written Rsport Required .

Within 14 days following each date specified in Part I.C.2 and 3. Schedule of Compliance, the permittee shall submit written notification to the Detroit District Supervisor of the Surf ace Vata- Quality Division regarding its compliance or

. noncompliance with each schedule requirement. If a requirement was not set, tae permittee's written notification shall include an explanation of the failure to meet the requirement, actions tsken or planned by the permittee to correct the situation, and an estimate of when the requirement will be met. If the requirement it.volves  ;

submitte1 of a written report and the written report was submitted in accordance with tiie schedule date, separate written notification is not required.

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Page 25 et 29

  • PERMIT NO. HIO03:028 PART II '

A. MANAGEMENT RIQUIREMENTS

1. Duty to Comply i

i All discharges authorized herein shall be consistent' with the terms and conditions of this permit. The dir:harge.of any pollutant identiff.ed in this permit  ;

more frequently than or at a level in excess of that authorised shall constitute a i 3

violation of the permit.

It is the duty of the permittee to comply witn all the terms and conditions of -

this permit. Aby noncompliance with the Effluent Limitations Special Conditions.

or torna of this permit cons.t itutes a violation of Public Acts 245, of 1929. as ,

amended, and/or PL 92-500; as amended, and constitutes grounds for enforcement action; for permit termination, revocation and reissuance', or modification; or '

denial of an application for permit renewal.

2. Change ef Conditions Any anticipated facility expansion, production increases, or process modification which will result in new, different, or increased discharges of -  !

pollutants must be reported by submission of a new application to the Chief of the +

Permits Section of the Surface Water Quality Division or, if such changes will not violate the affluent limitations specified in this permit, by notice to the Detroit District Supervisor of the Surface Water Quality Diviston. Following such notice, the permit may be modified to specify and limit any pollutant not previously ,

limited. .

3. Containment Tacilities

! The permittee shall provide facilities for containment of any accidental losses l of concentrated solutions, acids, alkalies, salts, oils, or other polluting materials in accordanco with the requirements of the Michigan Water Resources Commission Rults. Part 5. This requirement is included pursuant to Section 5 of the Michigan Wata7 Resources Commission Act 245, P. A. of 1929, as amended, and the Part 5 Rules of th9 Janeral Rule, ' the Commission.

j

! 4. Operator (artification s l

The permittee shall have the waste treatment facilities under direct I

supervision of an operator certified by the Michigan Department of Natural Resources, as required by Section 6a of the Michigan Act.

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5. Noncompliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any daily maximum er"luent limitation specified in this permit, the permittee shall provide the Dettait District Supervisor of the Surface Water Quality Division with the following information,'in writing, within five (5) days of becoming aware of such conditious
a. A description of the discharge and cause of noncompliance; and
b. The period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and the steps taken to reduce, eliminate and prevent recurrence of the noncomplyir.g discharge.

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t Page 26 of 29 PERMIT NO. M10037023 PART II Section A.

6. Spill Notification The permittee shall immediately report any spill or' loss of any product, by-product, intermediate product, oils, solvents, vaste material, or any other r

polluting substance which occurs to the surface waters or groundwaters of the state by calling the Department of Natural Resources 24-hour Emergency Response telephone number, 1-800-292-4706 (call. from out-of-state dial 1-517-373-8166); and within ten (10) days of the spill or loss, the permittee shall submit to the Detroit District Supervisor of the Surface Water Quality Division a full written expl. nation as to ,

the cause and discovery of the spill or loss, clean-up and recovery measures taken, .

preventative measures to be taken, and schedule of implementation. This requirement is included pursuant to Section 5 of the Michigan Water Resources Commission Act 245, P.A. of 1929, as amended. ,

7. Faci 3 fay Operation-The permittee shall at all times properly operate and maintain all treatment or control facilities or systems installed or used by the permittee to achieve ,

compliance with the terms and conditions of this pe rmit.

8.

Adveret Iapact The permittee shall take all reasonatie steps to winimize any adverse impact to the surface or groundwaters of the state resulting'from sencompliance with any effluent limitation specified in this permit including, but not limited to, such accelerated or additional monitoring as necessary to determine the nature and impact of the discharge in noncompliance.

9. By-Passing Any diversion from or by-pass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (a) where -

unavoidable to prevent loss of life, personal injury, or severe property damage, or

-(b) where excessive stora drainsge or runof f would damage any f acilities necessary for compliance with the affluent limitations and prohibitions of this permit. The permittee shall promptly notify the Detroit District Supervisor of the Surface Water -

Quality Division and the Regional Administrator, in writing, of such dissrsion ot by-pass.

10. Power Tailures in order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either:
a. Provide an alternative power coerce sufficient to operate facilities utilized by the permittee to maintain compliance with the affluent limitations and cor.ditions of this permit which provision shall be indicated in this permit by inclusion of a specific compliance date in each appropriate " Schedule af Compliance for Ef fluent Limitations".
b. Upon the reduction, loss, er failure of one or more of the primary sources of power to f acilities utilized by the permittee to maintain compliance with the effluent limitations and conditions of this permit, the permittee shall halt, reduce or othatvise control production and/or all discharge in order to maintain compliance with the effluent limitations and conditions of this permit. .

, . , .. . , . . . - ,,.r--mm. , . , . .y-.., ,_._ ._.,. .~._, .,,.. . -, -

_ - - . ~ ___ _ _ _ _. __ _ _ _ _ _ _ , _ _ _ ___ __ ,_

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Page 27 6f 29 l PERMIT Wo. M20037028  :

.. l PART 11 1

l

/' Section A.

11. Removed Substances ,

' Solids, sludges. filter beckwash, or other pollutants removed from or resulting i from treatment or control of wastewaters shall be disposed of in a manner such as to j l'

prevent any pollutant from such materials from entering navigable waters, or the j

' entry of toxic or harmful contaminants thereof onto the groundwaters in concentrations or amounts detrimental to the groundwater resource. ]

12. Upset Noncompliance Notification l If a process " upset" (defined as an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit efflusst limitations because of factors beyond the reasonable control of the permittee) has occurred, the permittee who wishes to establish the affirmative defense of upset shall notify the Detroit District Supervisor of the Surface Water Quality Division by telephone within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of becoming aware of such conditions and withic five (5) days, provide in writing, the following information: , ]
a. That an upset occurred and that the permittee can identify the specific l cause(s) of the upset; l l

j

b. That the permitted wastewater treatment facility was, at the time, being properly operatedt l
e. That ths permittee has specified and taken actior,on all responsible steps to minimize or correct any advr,rse impact in the environment resulting '

from noncompliance with this permit.

I In any enforcement proceeding; the permittee, seeking to establish the occurrence of an upset, has the btrden of proof.

13. Any requirent.nt of this permit which is included under the unique terms of the Water Resources Commission. Act 241, P. A. of 1929, as amended,' and rules promulgated thereunder, is not enforceable under the Tederal Clean Water Act regulations.

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'TERNIT Wo. F10037028 9- .

PART 11  !

5. RESPONSIRTLITIES
1. Right of Entry The permittee shall allow the Executive Societary of' the Michigan Water  ;
  • ' kesources Commission, the Regional Administrator and/or their authorized  !

representatives, upon the presentation of credentialst l

a. To enter upon the permittee's premises where an effluent source is located or in which any tecords are required to be kept under the terms and 1 1

conditions of this permiti'and

b. At reasonable times to have access to and copy any records required to be 1 kept under the tetos and conditions of this permit; to inspect any l monitoring equipsest or monitoring method required in this permit; and to i sample any dischargt of pollutants.
2. Transfer of Ownership or Control .

In the event of any change in control or ownership of facilities from which the  ;

authorized discharge emanates, the permittee shall nocify the succeeding owner or I controller of the existence of this permit by letter, a copy of which shall be forwarded to the Detroit District Supervisor of the Surface Water Quality Division and the Regional Administrator.

. 3. Availability of Reports Except for data' determined to be confidantial undir Section 308 of the Act and Rula 2128 of the Water Resources Commission Rulce, Part 21, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the officas of the State Water Pollucien control Atency and the Regional Administrator. As required by the Act, effluent data shall act be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act and Sections 7 and 10 of the Michigan Act.

4. Permit Modification ,

After notice and opportunity for a hearing, this permit may be modified.

- suspended, or revoked in whole or in part during its term for cause including, but '

i

. not limited to, the following:

s. Violation of any terms or conditions of this. permit;
b. Obtaining this' permit by wisrepresentation or failure to disclose fully, all relevant facts; or is
c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge.

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Pese 29 sf 29 YkRKIT#0.' MIG 037023  ;

PART II i

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gecties 3.

5. Toxic. Pollutants ~

Notwithstanding Part 11.3.4. above, if a toxic skf1' vent standard or prohibition (including any schedule of compliance specified in such effluent standard or pr:hibition) is established under section 307(a) of the Act f be revised than any limitation for such' pollutant in this permit, this permit shall cr codified in accordance with the toxic effluent standard or prohibition and the ,

permittee so notified. *

,]

6. Civil and Criminal Liability

]

Encept as provided in permit (Part conditions II.A.12., pursuant on,"By-Passing" (Part II.A.9., pursuant l to 40 CFR 122.41(n)),

ts 40 CFR 122.41(a)) and. " Upset"  :

J cathing in this permit shall be construed to relieve the perm fcetors beyond his control, such as accidents, equipment breakdowns, or labor disputes. )

7. Oil and Ranardous Substance Liability 1 f any l

-Nothing in this permit shall be construed to preclude the institution o l' L

L legal action or relieve the permittee from any responsibilities 311 ofliabilities, or the Act except

.p:nalties to which the permittee may be subject under Section e

cs are exempted by federal-regulations.

8. State Laws Nothing in this permit shall be construed to preclude theliabilities, institution oforsay .

legal action or relieve the permittee from any responsibilition.

' p:nalties established pursuant to any applicable State law or regulation under , ,

cuthority preserved by sectien 510 of the Act.  ?

Property Rights 9.

The issuance of this permit does not convey any property rights in either real .

cr personal property, or any exclusive privileges, nor does it authorise violation]

of any Federal, State or local laws or regulations, nor does) may be requis;d by law. i

10. goverability The provisions of. this permit are severable, and if any provision of this p3rmit, or the application of any provision of this permit to any circumstance  ;

h31d invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

Notice to Public Utilities (Miss Dig) f l 11.

The issuance of this permit does not exempt the permittee from giving notice to public utilities and complying with each of the requirements of Act 53 h of the P Acts of 1974, being sections 460.701 to 460.718 of the Michigan Compiled Laws, w en '

constructing f acilities to meet the terms of this permit. \

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