ML20128M783

Amend 6 to State Pollutant Discharge Elimination Sys Permit NY-0001015,issued to Ny State Dept of Environ Conservation

ML20128M783
Person / Time
Site:	Nine Mile Point
Issue date:	10/09/1996
From:	Christina Merritt NEW YORK, STATE OF
To:
Shared Package
ML20128M761	List: ML20128M757 ML20128M783
References
NY-0001015, NY-1015, NUDOCS 9610160181
Download: ML20128M783 (30)

Text

, .

9"12.-2 (1/,89) NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Stat 3 Pallutant Disch:rgo Eliminati:n Syst:m (SPDES)

DISCHARGE PERMIT

& Special Conditions (Part I) '

W i

industrial Code: 4911 SPDES Number: NY-0001015 l Discharge Class (CL): 03 DEC Number: 7-3556-00013/00001 [__

1 Toxic Class (TX): T Effective Date (EDP): 12/01/94  :

Major Drainage Basin: 03 Expiration Date (ExDP): 12 / 01/ 99 l Sub Drainage Basin: 03 Modification Date(s): 6 /1995 COB 9/27/96 j Water index Number: Lake Ontario Attachment (s): General Conditions (Part II)Date:11/90 Compact Area: IJC l

This SPDES permit is issued in compliance with Title 8 of Article 17 of the Environmental Conservation Law of New York State and in compliance with the Clean Water Act as amended, (33 U.S.C. Section 1251 et. seq.)(hereafter referred to as "the Act*).

PERMITTEE NAME AND ADDRESS Attention: Mr. C. Merritt Name: Niacara Mohawk Power Corp.

Street: P.O. Box 63 City: Lycoming State: NY Zip Code: 13093 is authorized to discharge from the facility described below:

FACILITY NAME AND ADDRESS Name: Nine Mile Point Nuclear Generating Location (C,T,V): Scriba (T) County: Osweao Facility Address: Lake Road City:. Lycoming State: NY Zip Code: 13093 NYTM - E: . NYTM - N: 4 .

From Outfall No.: 001 at Latitude: 43 0 31' 17" & Longitude: 76 0 24' 39" into receiving waters known as: Lake Ontario Class: A-S and; (list other Outfalls, Receiving Waters & Water Classifications) 002, 007, 008, 010, 011, 020, 021, 022, 023, 024, 026 030, 040, 041 - Lake Ontario Class: A Special 9610b181 0 PDR ADDCK 05000220 P PDR in accoraance wrtn tne emuem m unauuna, muimvin.w mairements and other conditions set forth in Special Conditions (Part 1) and General Conditions (Part II) of this permit.

DISCHARGE MONITORING REPORT (DMR) MAILING ADDRESS Malling Name: Niagara Mohawk Power Corporation Street: P.O Box 63 City: Lycoming Stats: NY Zip Code: 13093 Responsible Official or Agent: Mr. C. Merritt Phone: (315)349-4200 This permit and the authorization to discharge shall expire on midnight of the expiration date shown and the permittee shall not discharge after the expiration date unless this permit has been renewed, or extended pursuant to law.

To be authorized to discharge beyond the expiration date, the permittee shall apply for a permit renewat no less than 180 days prior to the expiration date shown above.

oISTRIBUTION: Permit Administrator:

Div. of Water, R7 nnhnrt A 'rnrhm R. Hannaford Address:

Osmgo County Health Dept. m reh n~ a -w u m -- - - -4 ~

EPA Region II Si9 gj[ D*N: [h / 9g

1

, 9120 2a *(1/89) SPDES No.: NY 000 1015 Part 1, Page 2 of 16 FINAL EFFLUENT UMITATIONS AND MONITORING REQUIREMENTS During the period beginning EDM COB 9/27/96 End lasting until 12/1/99 the discharges from the permitted facility shall be limited and monitored by the permittee as specified below:

Minimum Monitoring Requirements Outfall Number & Discharge Umitations Measurement Sample Effluent Parameter DaHy Avg. Daly Max. Units Frequency Type 010 - Condenser Coolino Water Unit #f" Flow NA 417.6 MGD Continuous Calculated Discharge Temperaturd NA 115 *F Continuous Metered Intake Discharge j Temperature Differenc# NA 35 *F Continuous Metered i l

Net Rate of Addition of Heat NA 4.405x1Cf BTU /hr. Hourly Calculated Total Residual Oxidant NA 0.2. mg/l Batch Grab Copper - NA 0.25 mg/l Monthly Grab 011 Unit #1 Wastewater Oncludina Water Generated from Domineralizer. Reverse Osmosis Electrodelonisation.

Filtration. and Treated Radioactive Wastewater)!'

Flow

• Monitor Monitor MGD Batch Calculated Oil & Grease NA 15 mg/l Quarterly Grab Oil & Grease NA 15 mg/l Batch Before Grab Dischargd Solids, Suspended 30 50 mg/l Batch Before Grab Dischargd pH (6.0 9.0 Rang () SU Batch Before Grab j Discharge l 020 - Storm Drainaae Unit #1. Perimeter Drains. Condensation Wate/'

No Monitoring Required.

021 - Filter Backwash & Makeuo Demineralizer Water Sunolf Flow

• Monitor Monitor GPD Batch Calculated Oil & Grease NA 15 mg/l Batch Each Grab Discharge Solids, Suspended 30 50 mg/l Batch Each Grab Discharge pH (6.0 9.0 Range) SU Batch Each Grab Discharge 022 - Security Buildina Air Conditionind Flow Monitor Monitor GPD Monthly Calculated Oil & Grease NA 15 mg/l Quarterly Grab Solids, Suspended 30 50 mg/l Quarteriy Grab pH (6.0 - 9.0 Range) SU Quarterly Grab c.. , , . , ,_ , . - - , --

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

d

, 9120 2a'(1/89)

SPDES No.: NY 000 1015

- Part 1, Page 3 o f _L6._

FINAL EFFLUEN'T UMITATIONS AND MONITORING REQUIREMENTS During the period beginning EDM COB 9/27/96 and lasting until 12/1/99 the discharges from the permitted facilky shall be limited and monitored by the permittee as specified below:

Minimum Monitoring Requirements Outfall Number & Discharge Umitations Measurement Sample Effluent Parameter Daily Avg. Daily Max. Units Frequency Type 001-002 - Storm Drainaae' No Monitoring Required.

Outfall 001 A - Decav Heat Coolina Tower Blowdown Flow NA Monitor GPD MontNy Calculated Temperature NA 90 'F MontNy Grab Total Residual CNorine NA 0.2 mg/l MontNy Grab 007 - Floor and Eauloment Drain ("

Flow NA Monitor GPD MontNy Estimated Aluminum, Total NA 4.0 mg/l MontNy Grab Oil & Grease NA 15 mg/l 2/Montf( Grab Oil & Grease NA 15 mg/l QuartertV Grab Solids, Suspended 30 50 mg/l 2/ Month Grab pH (6.0 9.0 Range) SU 2/ Month Grab Iron NA 4.0 mg/l 2/ Month Grab 008 - Screen Well Fish Diversion Systeni"*

No Monitoring Required.

I 040 - Coolina Tower Blowdown and Service Water (Unit #2f*

Flow NA 72.0 MGD Continuous Calculated Discharge Temperaturd 110(43.3) 'F(C) Continuous Recorder Intake-Discharge Temperature Differencd NA 30(16.71 'FCC) Continuous Recorder Net Addition of Heat NA 0.47x1Cf BTU /hr. Daily Calculated Free Available CNorine" 0.2 0.5 mg/l Batch Grab Copper, TotaP ~

NA 0.25 mg/l Weekly Grab Copper-Trol CU 1 NA 26.4 mg/l Batch Grab pH (6.0 9.0 Range) SU 2/ Week Grab Total Residual Oxidani NA 0.2 mg/l Batch Grab 041 - Unit #2 Wastewater (includina Demineralization Resin Reverse Osmosis Electrodeionization Filtration and Treated Radioactive Wastewaterf Flow

• Monitor Monitor MGD Calculated

. Oil & Grease NA 15 mg/l MontNy)

Quartert Grab Oil & Grease NA 15 mg/l Batch Grab Solids, Suspended 30 50 mg/l Batch Grab pH (6.0 - 9.0 Rangd) SU Batch Grab Iron NA 4.0 mg/l Batch Grab

• • The Free Available CNorine sample shall be obtained prior to combination with Service Water.

'" Discharge allowed when Copper-Trol CU-1 concentration is at 26.4 ppm or less (whole product) or 2.64 ppm Butyl Benzotriazole (active ingredient). -

i 9020 30(1/89) SPDES No.: NY 000 1015 j , ,

Part 1, Page 4 of 16 j -

EFFLUENT UMITATIONS AND MONITORING REQUIREMENTS i During the period beginning EDM COB 9/27/96 and lasting untu 12/1/99

the discharges from the permitted facility shall be limited and monitored by the permittee as specified below

Minimum

!' Monitoring Requirements

! Outfall Number & Discharge Umitations Measurement sample

Effluent Parameter DaHy Avg. Daily Max. Units Frequency Type 1 023 - Unit 1 Oil Soill Retention Basin l

Flow NA Monitor GPD MontNy Estimate i Oil & Grease NA 15 mg/l MontNy Grab

! pH (6.0-9.0 Range) SU Monthly Grab 024 NMP-1 Diesel Off Loadina Pad Drainaa#

j Flow NA Mcnitor GPO MontNy Estimate

! Oil & Grease NA 15 mg/l MontNy Grab pH (6.0-9.0 Range) SU MontNy Grab l

i 025 - Unit #2 Coolina Tower Emeroency Overflovl j Flow NA Monitor GPD Annual Estimate

pH (6.0-9.0 Range) SU Each Disc. Grab j Copper, Total NA 0.25 mg/l Each Disc. Grab i i

i 026 - Unit #2 Resin Reaeneration. Demineralized Test Water. and Reverse Osmosis Wastewatei b i Flow NA Monitor GPD Monthly Estimate

FOOTNOTES:

i

• Monitoring Requirement Only.

a. The intake temperature shall be considered that temperature existing after intake water tempering. In addition, )

i during the winter season when inlet icing may occur, the delta temperature limitation may be exceedea by 35%

for no more than one hour during each reverse flow or retum to normal flow operation. These limitadons may j be exceeded during periods when plant safety is at issue or during periods when the circulating water system is

experiencing an emergency situation that is outside the normal operating envelope or routine maintenance, i.e.

1 debris blocking the condensers, an emergency steam release, pump breakdown, etc. In the event of such an

! emergency / breakdown the permittee shall take corrective action as soon as possible. Wnere possible, i situations resulting in these limitations being exceeded should be avoided from June through September, The  ;

j permittee shall indicate on a Discharge Monitoring Report (1) the reason for operating outside of the permit limit,  !

l (2) the dates and times of the event. In no case shall these limitations be exceeded more than 5% of the time i during the operating year.

l' b. These limits and monitoring requirements shall not apply if this wastewater is discharged upstream of the sewage treatment plant influent.

c. There shall be no discharge of heat from the main condensers except heat may be discharged in blowdown

from recirculated cooling writer systems provided the temperature at which the blowdown is discharged does .

i not exceed at any time the lowest temperature of recirculated cooling water prior to the addition of the makeup

. water. Outfall 040 includes cooling tower blowdown as well as service waterflow.

l d. pH range of 4.0 - 9.0 is allowable for wastewater having a conductivity of less than 10 p mho/cm.

1 e. Discharge from the two switchyard oil separators will be sampled before combination with waste stream 020.

i f. Hourly computer data may be utilized for this parameter in order to verify compliance during normal operating

! conditions. During unusual operating conditions or in situations where the hourly data is near the outfall i limitation, chart recorder data will be reviewed and utRized to demonstrate compliance.

g. Total copper samples should be obtained from the CWS blowdown line or the cooling tower basin. The total

. copper concentration for outfall 040 will be based on a calculated value taking into consideration the flow from j the service water system.

i h. Permit outfalls with this designation may include wastewater sources of HVAC condensation, chlorinated city

water, fire protection water, circulating (lake) water, service (lake) water, groundwater, precipitation water, 1 dominerallzed water and surface runoff water. These sources are approved for discharge from the permit listed outfalls.

I

• 1. Changes in Service Water System flowrates should be made in a manner that minimizes the rapid discharge of j deposited sediments during periods of normal operation above 5% power load.

j. High purity wastewater discharges that have a conductivity of 10 p mho/cm or less are permitted for an oil and

grease and total suspended solids measurement frequency of once per calendar quarter.

I k. The use of sand separators at the Unit i Seal Water System and associated wastewaters are approved for

! discharge.

1. Total residual oxidant applies only to treatments of Service Water System.

m. During tempering of service waters with cooling water, a portion of the tempering waters will be discharged via

! this outfall Furthermore, during drainage of the cooling tower system, a portion of these drainage waters will also be discharged via this outfall. -

i

)

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

l l . 91-20 22 (1/89) SPDES No.: NY 000 1015

} Part 1 Page 5 of __1.f._.

5 EFFLUENT UMITATIONS AND MONITOFONG REQUIPEMENTS j During the period beginning EDM COB 9/27/96 and lasting until 12/1/99 3 the discharges from the permitted facility shall be limited and monitored by the permittee as specified below:

}

l* Minimum Monitoring Requirements

$ Outfall Number & Discharge Umitations Measurement sample ,

2 Effluent Parameter Daily Avg. Daily Max. Units Frequency Type l

}

! 010.040

(

j Betz Clam Trol (Whole Product) Duration of Multiple Grab' 4 chemical

application i

and disch.

j CT-1 NA 0.2 mg/l "

Multiple Grab

• CT-2 NA 50 pg/l "

Multiple Grab

• j Cdgon H-13OM (Whole Product) NA 50 pg/l "

Multiple Grab

• j

• For purpose of this authorization multiple grab is defined as individual grao samples collected on intervais not to

exceed three hours.

f Soecial Conditions a ,

i l 1. Detoxification with bentonite clay or other Department approved adsorption medium is required. At least a 1:1 l ratio with the initial concentration of molluscide to detoxicant must be maintained.

j

!- 2. Each individual mussel control treatment is limited up to a maximum of 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> addition of Molluscide once- l 1 through treatment and limited to a maximum of 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> discharge of detoxified Molluscide during a

recirculation treatment.

i

) 3. Records of product use, effluent flow and concentration of product during application and discharge must be

{ maintained.

i j 4. The Regional Water Engineer shall be notified not less than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> before initiation of zebra mussel control program.

! 5. Upon elimination of initial infestations, treatments are limited to not more than 4 times annually.

1 j 6. The reports desciibing the results of the effectiveness of the zebra mussel control program and effluent analyses for Molluscide shall be submitted annually to Regional Water Engineer, NYSDEC.

7. This permit modification is issued based on the best environmental and aquatic toxicity information available at this time. This authorization is subject to modification or withdrawal any time new information becomes available

! which justifies such modification or withdrawal.

4 NOTE

• For those situations where an effluent sample result is greater than the discharge limits due to suspected inadequate mixing of detoxicant, an additional sample shall be obtained as soon as possible to verify the initial 4

result.

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

. = - - ..

9180 3D (I'/89) SPDES No.: NY 000 1015 Part 1, Page 6 of 16 FINAL EFFLUENT UMITATIONS AND MONITORING REQUIREMENTS During the period beginning EDM COB 9/27/96 and lasting until 12/1/99 the discharges from the permitted facility shall be limited and monitored by the permittec as specified below:

UMITATIONS APPLY: [X) All Year [ ] Seasonal from to Outfall Number 030 EFFLUENT LIMITATIONS (x ) Flow 30 day arithmetic mean 120,000 [ ] MGD [x ] GPD (x ) BOD,5 - Day 30 day arithmetic mean 25 mg/l and Ibs/ day (I) mg/l and 7 day arithmetic mean Ibs/ day

( ) BOD,(2)5 - Day

. ( ) UOD mg/l and Ibs/da (x ) Solids, Suspended 30 day arithmetic mean 25 mg/l and Ibs/ day1 )

( ) Solids, Suspended 7 day arithmetic mean mg/l and Ibs/ day (x ) Effluent disinfection required: (x ] All Year [ ] Seasonal from tc (x ) Coliform, Fecal 30 day geometric mean shall not exceeo 200/100 ml

( ) Coliform, Fecal 7 day geometric mean shall not exceed 400/100 ml (x ) Chlorine, Total Residual Daily Maximum 0.5 mg/l (x ) pH Range 6.0 - 9.0 SU (x ) Solids. Settleable Daily 0.1 ml/l (x ) BOD, 5 Dailv 45 mg/l as (x ) SusoeMed Solids Daily 45

()

()

()

MONITORING REQUIREMENTS Sample Location

• Parameter Frequency Sample Type Influent Effluent (x ) Flow, [x ) MGD [ ] GPD 2/ Month Estimated X (x ) BOD,5 Day, mg/l 2/ Month Grab _

X (x ) Solids, Suspended, mg/l 2/ Month Grab X (x ) Coliform, Fecal, No./100 ml(3) 2/ Month Grab X

( ) Nitrogen, TKN (as N), mg/l

( ) Nitrogen, Ammonia (as N), mg/l (x ) pH, SU (standard units) 2/ Month Grab X (x ) Solids, Settleable, ml/l 2/ Month Grab X (x ) Chlorine, Total Residual, mg/l(3) 2/ Month Grab X

( ) Phosphorus, Total (as P), mg/l

( ) Temperature, Deg. F

. NOTES: (1) and effluent value shall not exceed  % of influent values.

(2) Ultimate Oxygen Demand shall be computed as follows:

UOD = 1 % x CBODS + 4 % x TKN (Total Kjeldahl Nitrogen)

(3) Monitoring of these parameters is only required during the period when disinfection is required.

• Sample shall be obtained prior to combination with roof drains and junction box sump.

. 1-20-2g (2/89) SPDES No.: NY 000 1015 Pan 1, Page 7 of 16 Modification: CJB 9/27/96 ACTION LEVEL REQUIREMENTS (TYPE 1)

J The parameters listed below have been reported present in the discharge but at levels that currently do not 4 require water quality or technology based limits. Action levels have been established which, il exceeded, will result in

, reconsideration or wa'er quality or technology based limits.

3 Routine action level monitoring results, if not provided for on the Discharge Monitoring Report (DMR) form, shall be appended to the DMR for the period during which the sampling was conducted. If submission of DMR's is not required by this permit, the results shall be maintained in accordance with instructions on the RECORDING, REPORTING AND MONITORING page of this permit.

If any of the action levels is exceeded, the permittee shall undertake a short-term, high-intensity monitoring program for this parameter. Samples identical to those required for routine monitoring purposes shall be taken on each of at least three operating days and analyzed. Results shall be expressed in terms of both concentration and mass, and

shall be submitted no later than the end of the third month following the month when the action level was first exceeded.

Results may be appended to the DMR or transmitted under separate cover to the addresses listed on the RECORDING, REPORTING AND MONITORING page of this permit. If levels higher than the actions levels are confirmed the permit

, may be reopened by the Department for consideration of revised action levels or effluent limits.

The permittee is not authorized to discharge any of listed parameters at levels which may cause or contribute to

{ a violation of water quality standards.

1 l

Minimum Monitoring Requirements Outfall Number & Effluent Parameter Action Level Mrtits Measurement Freauency Sample Type l (1)007 - Floor and Eauioment Drains j Zinc 0.2 mg/l Quarterly Grab

~

Barium 1.5 mg/l Quarterly Grab l

Manganese 1.0 mg/l Quarterly Grab (1)020 - Storm Water Drainaae Zinc 0.45 mg/l Quarteriy Grab Aluminum 0.5 mg/l Quarterly Grab 040 - Coolina Tower Blowdown an Service Water (Unit 2) fron 1.0 mg/l Quarteriy Grab 011 & 041 - Units #1 and #2 Wastewater Phenolics 1.0 mg/l Quarterly Grab NOTE 2 1. Since flow for outfall 007 and 020 are difficult to determine, mass limits are not required for these cutfalls.

.___.___...._.m..._ _ . . _ . . . . _ . _ . . _ _ _ . _ . . . _ . _ . . _ . _ _ . . . _ . . _ _ . . . . . _ _ _ . . _ _ . _ _ . . _ . . _ . __ ._

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, 91-20-23 (2/89) SPDES No.: NY 000 1015 l Part 1, Page 9 of 16 l Itdification: COB 9/27/96 DEFINITIONS OF DAILY AVERAGE AND DAILY MAXIMUM The daily average discharge is the total discharge by weight or in other appropriate units as specified herein, during a calendar month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by this permit, the daily average discharge shall be determined by the summation of all the measured daily discharges in appropriate units as specified herein divided by the number of days during the calendar month when measurements were made.

The daily maximum discharge means the total discharge by weight or in other appropriate units as specified herein, durig any calendar day.

MONITORING LOCATIONS i The permittee shall take samples and measurements. to comply with the monitoring requirements specified in this permit, at the location (s) indicated below: (Show sampling locations and outfalls with sketch or flow diagram as I

appropriate) I 1

(

NINE Mll.E PolNT NUcl. EAR STA'110N .

NI AOARA Mull AWK POWER CORPORAllON PERMIT

• NY 000 1015 l l

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4 SPDES No.: Enf 000 1015 Pad 1, Page 10 of 16 Modification: COB 9/27/96 ADDITIONAL REOUIREMENTS:

1 I. The followine reauirements are acclicable to Units #1 and #2

1. There shall be no discharge of "PCBs" from this facility.

2. In regard to general conditions #11.5, items c and d shall be reported semi-annually to NYSDEC offices in Cortland and Albany,

3. There shall be no discharge of boiler chemical cleaning compounds, metal cleaning wastewater, or boiler blowdown from this facility.

4. Radioactivity Concentrations of Radioactivity in effluent are subject to the requirements of the U.S. Nuclear Regulatory Commission License Conditions.

Niagara Mohawk shall notify the Department within one week from the time ^F 5.

submission to the Nuclear Regulatory Commission of any requested changes to the Environmental Protection Plan requirements which could in any way affect the requirements of this permit.

6. Niagara Mohawk shall also submit concurrently to the Department any water-related report on the environment it submits to any federal, state, or local agency.

7. The permittee shall provide access to the site at any time to representatives of DEC to assess the environmental impact of its operation of the facility and to review any sampling program methodology, and the gathering and the reporting of any data.

8. No biocides, slimicides, or corrosion control chemicals are authorized for use other than those specifically authorized under this permit. Prior Department approval is required for any additional use of these chemicals as well as for the use of any new water treatment chemicals.

___ _ _ _ __ _ _ . _ _ . _- . . _ . . . . . - _ _ - _ -_ .._m i l l

l SPDES No.: bnf 000 1015 j Pan 1, Page 11 of 16 ftxiification: COB 9/27/96 1

9. The water temperature at the surface of Lake Ontario shall not be raised more l

than three Fahrenheit degreet over the temperature that existed before sre addition of hest of artificial origin.except in a mixing zone consistir., of an area of 425 acrec from the point of discharge, this temperature may be exceeded.

II. The followine recuirements are aoulicable to Unit 42 No discharge from this facility shall cause violation of the New York State Department of Health regulations contained in 10 NYCRR Part 170 at the source of intake of any water supply used for drinking, culinary or food processing purposes.

1 III. Biolocical Monitorine and Related Matters

1. Previous Biological Monitoring Data - by EDP + 3 months, the permittee shall file with the Chief, Bureau of Environmental Protection in Albany; Fishery Section Fead, Cape Vincent Fisheries Station, and with the Regional Supervisor l of Natural Resources in Cortland, a report containing and/or identifying all {

previous reports which contain biological data relating to the ecolo5ical  !

effects of plant operation from March 31, 1975 to the present. Previously submitted reports need not be duplicated, but titic, date, and data locations l must be completely identified. A copy of all unsubmitted reports and data will j be sent to the above offices by EDP + 3 months. Data to be reported should include, but are not necessarily limited to, cooling water flows, dates, times, available operating and meteorological conditions, species, numbers impinged and/or entrained and other available biological information.

2. Imoincement and Entrainnant Abundance Studies 1

l

a. Impingement abundance studies, including collection efficiencies , shall be conducted at Unit 1. An entrainment abundance study shall be conducted at Unit 1.

b. By EDP + 6 months, an impingement and entrainment abundance study plan, of I one year duration, to determine the abundance of impinged and entrained aquatic organisms at Unit 1, shall be submitted for at ~ oval to the offices listed in III.1 above.

c. Studies identified in the approved plan shall begin by EDP + 24 months.

d. A six month data summary shall be submitted by EDP + 32 months.

4

e

. . SPDES No.: NY 000 1015 Part 1, Page.12_ of 16 bbdification: CDB 9/27/96

3. Intensity of Samolina and Protocols for Viability, Imoincement and Entrainment Abundance Studies

a. Study plans required to be submitted for DEC approval should be comparable to previous studies and should consider improvement opportunities, as applicable, provided by protocols established in the document "Dunkirk Station Biological Studies Standard Operating Procedures 1987",

prepared for Niagara Mohawk Power Corporation, January 1987, by Beak Consultants, except as modified by the following documents:

1. January 8, 1987, Richard Koeppicus (DEC) to David Rengert (NiMo) Re:

Dunkirk Biological Studies Standard Ooeratine Procedure.

2. February 13, 1987, Richard Koeppicus (DEC) to David Rengert (NiMo) Re:

Condition for Dunkirk Steam Station Standard Operatine Procedure.

3. March 23, 1987, Richard Koeppicus (DEC) to David Rengert (NiMo) Re:

Changes to Imoincement Viability Studies.

4. April 22, 1987, David Rengert (NiMo) to Richard Koeppicus (DEC) Re:

Dunkirk Ste,, Station Biolocical Monitorine Studies.

b. The species of concern for detailed studies are white perch, smallmouth bass, yellow perch, alewife, rainbow smelt, white bass and all members of the salmonidae.

c. Additional Requirement III.3.a. is for guideline purposes only. It is to be used as a basis in developing the study plan of Additional Requirement III.2.a.. The permittee must abide by the study plans developed by the permittee and approved by DEC which define the intensity and protocols for sampling.

4. Reportine of Entrainr ant and Imoinnement Studies

a. A final report incorporating all the biol7gical studies, including procedures, manner of compiling, tests, results, etc. shall be submitted to DEC by EDP + 40 months.

b. The report shall contain a section which shall indicate the pertinent plant operating data on the days that biological monitoring co 4 ctions are made and should include, but are not necessarily limited tc he units operating, intake and discharge temperatures, quantity of circulating water, number of pumps operational, amount of recircalation, generation, number of traveling screens operational, etc.

c. The final report should be concise and rely heavily on graphic or tabular data. As applicable, it should be of similar content, format and quality as the report "Dunkirk Station Biological Studies SPDES Permit No.

NY0002321, Final Report, January - December 1987".

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1 SPDES No.

In( 000 1015 Part 1, Page_.1.L of 16 Modification: CDB 9/27/96

5. Reoort Identification I l

All required submittals on Biological Monitoring and Related Matters shall be l sent to the DEC offices identified in III.1 above, and shall contain the following information on the cover page:

a. Name of facility and units to which the report pertains.

b. Permit number.

c. Permit condition number (s) which the report is to satisfy.

d. Title of study,

e. Date.

6. Reduction in Circulatine Water Flow Evaluation of Units 1 and 2 1

The permittee shall evaluate the use of reduced circulating cooling water flow during cool or cold weather periods or under reduced station loads. A report shall be submitted to DEC by EDP + 1 year which identifies any benefits or harm to aquatic organisms from reduced circulating cooling water pump operation and whether such reduced operation of pumps (or variable speed pumps) is feasible for operating the facility.

7. The permittee shall submit written notification, which shall include detailed descriptions and appropriate figures, to the Department of Environmental Conservatien, to the Chief, Bureau of Environmental Protection, Regional Supervisor for Natural Resources and Regional Engineer at least 60 days in advance of any proposed change which would result in the alteration of the permitted operation, location, design, construction or capacity of the cooling water intake structures. The permittee shall submit, with its written notification, a demonstration that the change reflects the best technology currently available for minimizing adverse environmental impact. Prior DEC approval is required before initiating such change.  ;

1

8. All measurements shall use the metric system; except that BTU and degrees 1 Fahrenheit for the thermal survey are acceptable.

9. Copies of all reports and/or studies regarding water and biological parameters I related to intake and discharge conditions, or its effects on aquatic organisms, whether generated for this permit or otherwise, shall be sent to DEC offices listed in III.1 above.

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. SPDES No.: NY 000 1015 l

Pan 1, Page 14 of 16 )

Mydification: 12/27/96 i

10. Biological specimens may be required to be submitted to DEC upon request.

11. a. Electrical output and operation of the condenser cooling water system,  !

including intake and discharge temperature and total flows shall be j recorded on a cally basis, as specifiad in b., below. The appropriate i portions of this data set shall be reported with any biological monitoring l requirement to be reported where plant operating parameters are essential to understanding the biological impacts of the facility.

b. The permittee shall collect and maintain at the station, the following information:

1. Daily minimum, average, and maximum station electrical output shall be I determined and logged.

2. Daily minimum, average and maximum water use shall be directly or indirectly calculated or logged.

3. Daily minimum, average, maximum, intake and discharge temperatures shall be logged.

4. Measurements in 1, 2, and 3 shall be taken on an hourly basis,

c. The data in b. above, shall be available for the DEC's inspection at any i l

time and shall be submitted to the DEC within one month of the receipt of a DEC request to do so.

d. The data in b. above shall be submitted within 60 days of the end of each calendar year.

12. Chlorine use for once-through systems shall be limited to two hours per unit per day. The treatments may include approved oxidants, i.e. bromine, chlorine, etc.

t e

9

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES)

DISCHARGE PERMIT GENERAL CONDITIONS (PART 11)

SECTION PAGE(s)

1. General Provisions ............................. 1-2

2. Special Reporting Requirements for Existing Manufacturing. Commercial, Mining and Silvicultural Dischargers ........................... 2

3. Excl usions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

4. Modification. Suspension. Revocation ...................... 24

5. Reporting Noncompliance .......................... 3-4

6. Inspection and Entry ............................ 4

7. Transfer of Permit ............................. 4

8. Permit Renewal .............................. 4-5

9. Special Provisions - New or Modified Disposal Systems ............... 5-

10. Monitoring. Recording. and Reporting ...................... 5-8 10.1 General ............................... 5-6 10.2 Signatories and Certification ....................... 6-7 10.3 Recording of Monitoring Activities and Results ................ 7 10.4 Test and Analytical Procedures ...................... 7-8

11. Disposal System Operation and Quality Control .................. 8 10 11.1 General ............................... 8 11.2 Bypass ............................... B9 11.3 Upset ............................... 9 10 11.4 Special Condition-Disposal Systems with Septic Tanks ............. 10 11.5 Sludge Disposal . ........................... 10

12. Conditions Applicable to a Publicly Owned Treatment Works (POTW) .......... 11 12 12.1 General ............................... 10 11 12.2 National Pretreatment Standards: Prohibited Discharges ............. 11 12 91-20 1(11/90)

, n-20-2x' m sn SPDES No.. NY 000 1015 l

. 1 l

Part 1, Page 15 of 16 Modification: COB 9/27/96 SPECIAL CONDITIONS - BEST MANAGEMENT PfMCTICES I

1. The permittee shall develop and implement a Best Management Practices (BMP) plan, within one year of EDP to prevent, or minimize the potential for, release of significant amounts of toxic or hazardous pollutants to the waters of the State through plant site runoff; spillage and leaks; sludge or waste disposal; or drainage from raw material storage. If a plan exists, a letter indicating th-t all requirements addressed in this section must be submrtted to this Department within one year of EDP,

2. The permrttee shall review all facility components or systems 6ncluding material storage areas: in-plant transfer, process and material handling areas: loading A7d unloading operations; and sludge and waste disposal areas) where toxic or hazardous pollutants are used, manufactured, stored or handled to evaluate the potental for the release of significant amounts of such pollutants to the waters of the State. In performing such an evaluanon, the permrttee shall consider such factors as the probabihty of equipment failure or improper operation, settlement of facility l air emissions, the effects of natural phenomena such as freezing temperatures and precipitation, fires, and the facihty's history of spills and leaks. For hazardous pollutants, the list of reportable quantties as defined in 40 CFR, Part 117 may be used as a guide in determining l l

sigruficant amounts of releases. For toxic pollutants, the relative toxicity of the pollutant shall be cpnsidered in determining the significance of potential releases.

I The review shall address all substanms present at the facility that are listed as toxic pollutants under Section 307(a)(1) of the Clean Water Act or as haza'dous pollutants under Secton 311 of the Act or that are identified as Chemicals of Concem by the industrial Chemical Survey.

3 Whenever the potental for a significant rfease of toxic or hazardous pollutants to Sttle waters is determined to be present, the permittee shall identfy Best Management Practices that have been established to minimize such potential releases. Where BMPs are inadequate or absent, i appropriate BMPs shall be established. In selectng appropriate BMPs, the permittee shall consider typicalindustry practices such as spill reporting proradures, risk identificaton and assessment, employee training, inspections and records, preventive maintenance, good housekeeping, tratorials compatibility and security. In addition, the permittee may consider structural measures (such as secondary coatainment devices) where appropriate.

4. Development of the BMP plan shall include sampling of waste stream segments for the purpose of toxo " hot spot

• identification. The economic achievability of technology-based end-of-pipe treatment will not be considered until plant site " hot spot" sources have been identified, contained, removed or minimized through the imposition of site specific BMPs or application of intemal facility treatment technology.

5 The BMP plan shail be documented in narrative form and shall include any necessary plot plans, drawings or maps. Other documents already prepared for the facility such as a Safety Manual or a Spill Prevention, Control and Countermeasure (SPCC) plan may be used as part of the plan and may be incorporated by reference. A copy of the BMP plan shall be maintained at the facility and shall be available to authorized Department representatives upon request. As a minimum, the plan shallinclude the following BMP's:

a. BMP Committee f. Proventrve Maintenance

b. Reporting of BMP incidents g. Good Housekeeping j

c. Risk identification and Assessment h. Materials Compatibility

d. Employee Training i. Security

e. Inspections and Records i

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6. The BMP plan shall be modified whenever changes at the facility materially increase the potential for significant releases of toxic or hazardous pollutants or where actual releases indicate the plan is inadequate.

A Tot spot"is a segment of an industrial facility; including but not limited to soil, equipment, material storage areas, sewer lines etc.; which contnbutes elevated levels of problem pollutants to the wastewater and/or storm water collection system of that facility. For the purposes of

. this definition, problem pollutants are substances for which end of pipe treatment to meet a water quality or technology requirement may, considenng the results of wastestream segment sampling, be deemed unreasonable. For the purposes of this definition, an elevated level is a concentration or mass loading of the pollutant in question which is adequately higher than the end of pipe concentration of that same pollutant so as to allow for an economically justfy removal and/or isolation of the segment and/or BAT. treatment of wastewaters emanating from the segment.

c j

, eN!cet(Qss) SPDES No.: NY 000 1015 i .

4 Part 1, Page 16 of 16 Modification:

COB 9/27/96  !

RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS i a) The permittee shall also refer to the General Conditions (Part II) of this permit for additional information conceming monitoring and reporting requirements and conditions.

b) The monitoring information required by this permit shall be summarized, signed and retained for a period of three years from the date of the sampling for subsequent inspection by the Department or its designated agent. Also;

[X ] (if box is checked) monitoring information required by this permt shall be summarized and reported by submitting completed and signed Discharge Monitoring Report (DMR) forms for each 1 month reporting period to the locations specified below. Blank forms are available at the Department's Albany office listed below. The first reporting period begins on the effective date of this permit and the reports will be due no later than the 28th day-of the month following the end of each reporting period.

Send the oriainal (top sheet) of each DMR page to:

Department of Environmental Conservation Oswego County Dept. of Health Division of Water 70 Bunner Street Bureau of Watershed Compliance Programs Oswego, New York 16126 50 Wolf Road Albany, New York 12233-3506 Phone: (518) 457-3790 Send the firsts.ggy (second sheet) of each DMR page to:

Department of Environmental Conservation Regional Water Engineer - Region 7 615 Erie Boulevard - West Syracuse, New York 13204-2400 c) - A monthly "Wastewa:9r Facility Operatic,n Report..." (form 92-15 7) shall be sahmitted (if txu is checked) to the

( ) Regional Water Ergneer and/or [ } County Health Department or EnvironmentJ Control Agency listed above.

d) Noncompliance with the provisions of this permit shall be reported to the Departruent as prescribed in the attached General Conditions (Part II) e) Monitoring must be conducted according to test procedures aTroved under 40 CFR Part 136, unless other test procedures have been specified n this permit.

f) If the permittee monitors any pollutant more frequently than required by the permit, using test procedures approved under 40 CFR Part 136 or as specified in this permit, the results of this monitoring shall be included in the calculations and recording of the data on the Discharge Monitoring Reports.

g) Calculation for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

h) Unless otherwise specified, all information recorded on the Dir eMrge Monitoring Report shall be based upon measurements and sampling carried out during the most recently completed reporting period.

• - 1) Any laboratory test or sample analysis required by this permit for which the State Commissioner of Health issues certificates of approval pursuant to section five hundred two of the Public Health Law shall be conducted by a laboratory which has been issued a certificate of approval Inquiries regarding laboratory certification should be sent to the Environmental Laboratory Accreditation Program, New York State Health Department Center for Laboratories and Research, Division of Environmental Sciences , The Nelson A. Rockefeller Empire State Plaza, Albany, New York 12201.

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1. . GENERAL PROVISIONS

a. This permit, or a true copy, shall be kept readily available for reference at the wastewater treatment facility,

b. A determination has been made orithe basis of a submrtted application, plans. or other available information, that compliance with the specified permit provisions will reasonably protect classified water use and assure compliance with applicable water quality standards. Satisfaction of permit provisions notwithstanding. If operation pursuant to the permit causes or contributes to a condition in contravention of State water quality standards, or if the Department determmes, on the basis of notice provided by the permittee and any related investigation, inspection or sampling, that a modification of the permit is necessary to prevent impairment of the best use of the waters or to assure maintenance of water quality standards or compliance with other provisions of ECL Article 17, or the Act, the Department may require such a modification and may require abatement action to be taken by the permittee and may also prohibit the noticed act until the permit has  !

been modified.

c. All discharges authorized by this permit shall be consistent with the terms and conditions of this permit. .

Facility expansion or other modifications, production increases, product changes, product process  !

modifications, and wastewater collection, treatment and disposal system changes which will result in new or increased discharges of pollutants into the waters of the state must be reported by submission c' a new SPDES application, in which case the permit may be modified accordingly. The discharge of any pollutant, not identified and authorized, or the discharge of any pollutant more frequently than, or at a level in excess of, that identified and authorized by this permit shall constitute a violation of the terms and conditions of this permit. Facility modifications, process modifications, or production decreases which result in decreased discharges of pollutants must be reported by submission of written notice to the permit-issuing authority, in which case the permit-issuing authority may require the permittee to submit a new SPDES application.

d. 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 cir-cumstances, end the remainder of this permit, shall not be affected thereby.

e. If the discharge (s) permitted herein originate within the jurisdiction of an interstate water pollution control l agency, then the permitted discharge (s) must also comply with any applicable effluent standards or water quality standards promulgated by that interstate agency.

f. The permittee must comply with all terms and conditions of this permit. Any permit noncompliance constitutes a viuation of the Environmental Conservation Law and the Osan Water Act and is grounds for:

enforcement action; for permit suspension, revocation and modification; and for denial of a permit renewal application.

g. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or -

submitted incorrect information in a permit application or in any report to the Department, the permittee shall promptly submit such facts or information.

h. It shall not be a defense 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 the conditions of this permit.

1. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Cean Water Act for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the poimit has not yet been modified to incorporate the requirement.

1

j. The Cean Water Act provides that any person who violates a permit condition implementing sectiona 301, j 302,306,307,308,318 or 405 of the Gean Water Act is subject to a civil penalty not to exceed $25,000 per  ;

day of such violations. Any person who willfully or negligently violates permit conditions implementing l sections 301,302,306,307, or 308 of the Oean Water Act is subject to a fine of not less than $5,000 nor  ;

more than $50,000 per day of violation, or by impnsonment for not more than three years, or both.

k. The filing of a request by the permittee for a permit modification, revocation, transfer, or a notification of

, planned changes or anticipated noncompliance, does not stay any permit condition.

1. The permittee shall fumia to the Department, within a reasonable time, any information which the 1 Department may request to determine whether cause exists for modifying, suspending, or revoking this  !

permit, or to determine compliance with this permit. The permittee shall also fumish to the Department, upon request, copies of records required to be kept by this permit. l Page 1 -

, , m. ' Nothing in this permit relieves the permittee from a requirement to obtain other permits required by law,

, including. but not limited to.

(1) an air contamination source permit / certification under 6NYCRR Part 201; (2) a waste transporter permit under 6NYCRR Part 364. or (3) a radioactive waste discharge permit under 6NYCRR Part 380.

2. SPECIAL REPORTING REQUIREMENTS FOR EXISTING MANUFACTURING. COMMERCIAL MINING. AND SILVICULTURAL DISCHARGERS All existing manufacturing, commercial, mining and silvicultural dischargers must notify the Department as soon as they know or have reason to believe:

a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not specifically controlled in the permit, pursuant to General Provision

' 1 (c) herein. For tne purposes of this section, recurrent accidental or unintentional spWis or releases shah be considered to be a discharge on a frequent basis.

b. That any activity has occurred or wil occur which would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following " notification levels *:

(1) 500 micrograms / liter; (2) 1.0 milligram / liter for antimony; (3) five times the maximum concentration value reported for that pollutant in the permit application in accordance with 40 CFR 9122.21(g)(7); or (4) the level established by the Department in accordance with 40 CFR 6122.44(f).

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c. That they have begun or expect to begin to use, or manufacture as an intermediate or final product or by-product, any toxic pollutant which was not reported in the permit application under 40 CFR 6122.21(g)(g) and which is being or may be discharged to waters of the state.

3. EXCLUSIONS

a. The issuance of this permit by the Department and the receipt thereof by the Applicant does not supersede, revoke or rescind an order or modification thereof on consent or determination by the Commissioner issued heretofore by the Department or any of the terms, conditions or requirements contained in such order or modification thereof unless specifically intended by said order. I

b. The issuance of this permit does not convey any property rights in either real or pert mal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations; nor does it obviate the necessity of obtaining the assent of any other jurisdiction as required by law for the discharge authorized.

c. This permit does not a Jthorize or approve the construction of any onshore or offshore physical structures or facMities or the undertaking of any work in any navigable waters.

d. 05 and hazardous substance liabHity: The imposition of responsibilities upon, or the institution of any legal action against the permittee under Section 311 of the Clean Water Act shah be in conformance with.

regulations promulgated pursuant to Section 311 goveming the applicability of Section 311 of the Clear' Water Act to discharges from facilities with NPDES permits.

4. MODIFICATION. SUSPENSION. REVOCATION

a. If the permittee fails or refuses to comply with any requirement in this permit, such noncompliance shau crinstitute a violation of the permit for which the Commissioner may modify, suspend, or revoke the permit after notice and opportunity for hearing and take direct enforcement action pursuant to law. When, at any time during or prior to a period for compliance, the permittee announces or otherwise lets it be known, or the Commissioner on reasonable cause determines, that the permittee will not make the requisPe efforts to achieve compliance with an interim or final requirement, the Commissioner raay modify, suspend or revoke the permit and take direct enforcement action pursuant to law, without wait'ng for expiration of the period for compliance with such requirements.

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, b.

, A' Iter notice and opportunity for a heanng. the Department may modify. susp3nd or revoke this permit in l

, whole or in part dunng its teim for cause including, but not hmited to. the following; (t) violation of any provision of this permit; or (2) obtaining this permit by misrepresentation or failure to disclose fully all relevant facts at any time; or materially false or inaccurate statements or information in the application or the permit; or (3) a change in any physical circumstances, requirements or criteria applicable to discharges. including, but l not limited to:

(i) standards for construction or operation of the discharging facility; (ii) the characteristics of the waters into which such discharge is made; (iii) the water quality criteria applicable to such is made; (iv) the classification of such waters; or (v) effluent limitations or other requirements applicable pursuant to the Act or State Law.

(4) a determination that the permitted activity endangers human health or the environment and can only be '

regulated to acceptable levels by permit modification, a suspension, or revocation.

(5) violation of any order of the Commissioner or provision of ECL or regulation promulgated thereunder, which is related to the permitted activity.

(6) Newely discovered material information or material change in environmental cond!tions, relevant technology or applicable law or regulations since the issuance of this permit.

c. If any applicable toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is promulgated under section 307(a) of the Clean Water Act for a toxic pollutant and that a standard or prohibition is more stringent than any limitation on the pollutant in the permit, the Department shall institute proceedings to modify the permit in order to achieve conformance with the toxic effluent standard or prohibition and in conformance with ECL 17-0809.

.. REPORTING NONCOMPLIANCE

a. Anticipated noncompliance. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements,

b. Twenty four hour reporting. The permittee shah report any noncompliance which may endanger health or the environment. Any information shall be provided oraHy within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> from the time the permittee becomes aware of the circumstances. A written noncompliance report shall also be provided within five (5) days of the time the permittee becomes aware of the circumstances. The written noncompliance report shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent the noncompliance and its reoccurrence.

(1) The following shall be included as information which must be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> under paragraph (b) above:

(i) any unanticipated bypass which violates any effluent limitation in the permit; i (ii) any upset which violates any effluent limitation in the permit; I (iii) violation of a maximum dauy discharge limitation for any of the pollutants listed by the Department j in the permit to be reported within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. l (iv) any unusual situation, caused by a deviation from normal operation or experience (e.g. upsets,

, bypasses, inoperative treatment process units, spills or illegal chemical discharges or releases to the collection system) which create a potentially hazardous condition. i (v) any dry weather overflow (s).

(2) The Department may waive the written report on a case-by-case basis if the oral report has been received within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

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o' e

$ (3) Reports required by this section shall be filed with the Department's regional office having jurisdiction over the permitted facility. During weekends. oral noncompliance reports. required by this paragraph, may be mad ~e at (518) 457 7362.

c. Other noncompliance. The permittee shall report all instances of noncompliance not otherwise required to be reported under this section or other sections of this permit, with each submitted copy of h Discharge .

Monitoring Reports until such noncompliance ceases. Such noncompliance reports shall contain the information listed in paragraph (b) of this section

d. Duty to mitigate. 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 affecting human health or the environment.

6. INSPECTION AND ENTRY The permittee shall allow the Commissioner of the Depatment, the EPA Regional Administrator, the County Health Department, or their authorized representatives, upon the presentation of credentials and other documents as ]

may be required by law, to:

a. enter upon the permittee's premises wbre a regulated facliity or activity is located or conducted, or where records must be kept under the conditions of this permit;

b. have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit, including records maintained for purposes of operation and maintenance;

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

d. sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act or Environmental Conservation Law, any substances or parameters at any location; and .

e. enter upon the property of any contributor of wastewater to the system under authority of the permittee's Sewer Use Ordinance (municipalities) or Regulations.

7. TRANSFER OF PERMIT

a. A permit is transferable.Qal.y with prior written approval of the Department.

b. To transfer a permit to a new owner or operator, written application must be made to the Department.

Application for Permit Transfer forms can be obtained from, and must be submitted to, the appropnate regional office of the Department's Division of Regulatory Affairs.

! c. In order for operation of the facility to continue without interruption, application must be made at least 30 days in advance of the transfer,

d. If, when the ownership or operstion is transferred. the volume or composition of the facility discharge will

, be altered, a new application for permit may be required.

8. PERMIT RENEWAL

a. Any. permittee who wishes to continue to discharge after the expiration date of a permit shall apply for renewal of its permit no later than 180 days prior to the permit's expiration date (uniess permission for a later date has been granted by the Department) by submitting any forms, fees, or supplemental information which may be required by the Department. Upon request, the Department shall provide the permittee with specific information conceming the forms, fees, and supplemental information required.

b. When a permittee has made timely and sufficient application for the renewal of a permit or a new permit with j refercnce to any activity of a continuing nature, the existing permit does not expire until the application has j been finally determined by the Department, and, in case the application is denied or the terms of the new l i

permit limited, until the last day for seeking review of the Department order or a later date fixed by order of the reviewing court, provided that this subdivision shall not affect any valid Department action then in effect .

summarily suspending such permit.

c. A municipality applying for a permit (renewal) shall submit evidence that it is enforcing an up to-date enacted Sewer Use Ordinance which was approved by the Department.

Page 4 -

d. A. municipality applying for a permit (eenewal) shall have an approved methcc ct residua!s disposa! in

{. , compliance with Part 6.NYCRR 360 and 364.

I e. A municipality receiving industrial waste shall submit evidence that it is operating (or implementing) its

industrial pretreatment program in accordance with Part 6 NYCRR 651.53(f).

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9. SPECIAL PROVISIONS NEW OR MODIFIED DISPOSAL SYSTEMS OR SERVICE AREAS

a. Prior to construction of any new or modified waste disposal system or modification of a facility or service i area generating wastewater which could alter the design volume of, or the method or effect of treatment or disposing of the sewage, industnal waste or other wastes, from an existing waste disposal system, the l Permittee shall submit to the Department or its designated field office for review, an approvable engineering '

I report, plans, and specifications which have been prepared by a person or firm licensed to practice

Professional Engineering in the State of New York.

i

{ b. The construction of the above N or modified disposal systern shall not start until the Permittee receives wntten approval of the system im the Department or its designated field office.

I 1

c. The construction of the above new or modified disposal system shall be under the general supervision of j i a person or firm licensed to practice Professional Engineering in New York State. Upon completion of l 1 construction, that person or firm shall certify to the Department or its designated field office that the system j l has been fully completed in accordance with the approved engineering report, plans and specifications, permit and letter of approval; and the permittee shall receive wntten acceptance of such certificate from the l Department or designated field agency prior to commencing discharge.

d. The Department and its designated field offices review wastewater disposal system reports, plans, and specifications for treatment process capability only, and approval by either office does not constitute approval i of the system's structural integrity.

! 10. MONITORING. RECORDING. AND REPORTING f

. 10.1 GENERAL i

1

! a. - The permittee shall comply with all recording, reporting, monitoring and sampling requirements specified i in this permit and such other additional terms, provisions, requirements or conditions that the 2

Department may deem to be reasonably necessary to achieve the purposes of the Environmental i

Conservation Law, Article 17, the Act, or rules and regulations adopted pursuant thereto.

a b. Samples and measurements taken to meet the monitoring requirements specified in this permit shall be

representative of the quantity and character of the monitored discharges. Composite samples shall be composed of a minimum of 8 grab samples, collected over the specified collection period, either at a constant sample volume for a constant flow interval or at a flow-proportioned sample volume for a constant time interval, unless othefwise specified in Part i of this permit. For GC/MS Volatile Organic Analysis (VOA), aliquots must be combined in the laboratory immediately before analysis. At least 4 (rather than 8 ) aliquots or grab samples should be collected over the specified collection period. Grab sample means a single sample, taken over a penod not exceeding 15 minutes.

c. Accessable sampling locations must be provided and maintained. New sampiing locations shall be provided if existing locations are deemed unsuitable by the Department or its designated field agency.

d. Actual measured values of all positive analytical results obtained above the Practical Quantitation Limit (POL)' for ai! monitored parameters shall be recorded and reported, as required by this permit; except,-

whera parameters are limited in this permit to values below the P,OL, actual measured values for all positive analytical results above the Method Detection Limit (MDL) shall be reported.

I Practical Quantitation Umst (POL) is the lowest level tnat can be measured within specified limits of practsion and accuracy during routine laboratory operations on most effluent matrices.

Method Detection Umst (MOu is the level at which the analytical procedure referenced is capable of determining with a 99% probability that the substance is pressat This value is determined in distdied water with no interfering substances present. The precision at this levelis + /.100%.

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! e. The permrttee 'shall periodically calibrate and periorm manufactomr's recommended maintenance procedures on all monitonng and analytical instrumentation to insure accuracy of measurements.

Verification of maintenance shall be logged into the daily record book (s) of the facility. The permittee shall notify the Department's regional office immediately if any required instrumentation becomes inoperable in addition, the permittee shall venty the accuracy of their measuring equipment to the Department's Regional Office annually,

f. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years per violation or by both. If a conviction of such person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or by both.

10.2 SIGNATORIES AND CERTIFICATION

a. All reports required by this permit shall be signed as follows:

(1) for a corporation: by a responsible corporate officer, For the purposes of this section, a responsible corporate officer means:

(1) a president, secretary, treasurer, or a vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making function for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars),1f authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) for a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) for a municipality, state, federal, or other public agency: by either a principal or executive officer or ranking elected official. For purposes of this section. a principal exei:utive officer of a federal agency includes: (i) the chief executive officer of the agency, or (ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency; or (4) a duly authorized representative of the person describec :ms (1), (2), or (3), A person is a duly authorized representative only if:

(1) the authorization is made in writing by a person described in paragraph (a)(1), (2), or (3) of this section; (ii) the authonzation specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and (iii) the written authorization is submitted to the Department.

b. Changes to authorization: If c . authorization under subparagraph (a)(4) of this section is no longer accurate because a different individual or position has Msponsibility for the overall operation of the facility, a new authorization satisfying the requirements ot .ubparagrapph (a)(4) of this section must be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.

c. Certification: Any person signing a report shall make the following certification:

'l certify under penalty of law that this document and all attachments were prepared under my direction or supervision, in accordance wth a system, designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the permit or persons who manage the

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system or those persons directly responsible for gathering the information, the information submitted

• is, to the b2st of my knowledge and behef, true, accurate, and complzte. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations."

d. The Clean Water Act provides that any person who knowingly makes any material false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than 2 years, or by both. If a conviction of such person is for a violation committed after a first conviction of such person under this paragraph, punishment shall be a fine of not more than $20 900 per day of violation, or by imprisonment of not more than 4 years, or by both.

10.3 RECORDING OF MONITORING ACTIVITIES AND RESULTS

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

b. Records of monitoring information shall include:

(1) the date, exact place, and time of sampling or measurements; (2) the individual (s) who performed the sampling or measurements; (3) the date(s) analyses were performed; (4) the individual (s) who performed the analyses; (5) the analytical techniques or methods used; and (6) the results of such analyses.

10.4 TEST AND ANALYTICAL PROCEDURES

a. Monitoring and analysis must be conducted using test procedures promulGated, pursuant to 40 CFR Part 136, except:

(1) should the Department require the use of a particular test procedure, such test procedure will be specified in Part I of this permit.

(2) should the permittee desire to use a test method not approved herein, prior Department approval is required, pursuant to paragraph (b) of this section.

b. Application for approval of test procedures shall be made to the Department's Regional Permit Administrator (see Part 1, page 1 for address), and shall contain:

(1) the name and address of the applicant or the responsible person making the discharge, the DEC permit number and applicable SPDES identification number of the existing or pending permit, name of the permit issuing agency name and telephone number of applicant's contact person;

. (2) the names of the pollutants or parameters for which an alternate testing procedure is being requested, and the monitoring location (s) at which each testing procedure will be utilized; (3) justification for using test procedures, other than those approved in paragraph (a) of this section; and (4) a detailed description of the attemate procedure, together with:

(i) references to published studies, if any, of the applicability of the alternate test procedure to the effluent in question; i

(ii) information on known interferences, if any; and  !

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, s i (5) a comparability study, using both approved and the proposed methods. The study shall consist J l of 8 replicates of 3 samples from a well mrxed waste stream for eacn outfall if less than 5 outtalls i j are involved, or from 5 outtalls it 5 or more outfalls are involved. Four (4) replicates from each of the samples must be analyzed using a method approved in paragraph (a) of this section, and four j of the replicates of each sample must be analyzed using the proposed method. This results in 24

analyses per outfall up to a maximum of 120 analyses per permit. A statistical analysis of the data must be submitted that shall include, as a minimum

(1) calculated statistical mean and standard deviation;

. (ii) a test for outliers at the mean 2 3 standard deviations level. Where an outlier is detected, 1

an additional sample must be collected and 8 replicates of the sample must be analyzed as specified above; z

j (iii) a plot distribution wrth frequency counts and histogram;

! (iv) a test for equality among with-in sample standard deviation; 1

l (vi a check for equality of pooled with-in sample variance with an F Test; i

(vi) a t Test to determine equality of method means; and copies of all data generated in the study l Additional information can be obtained by contacting the Bureau of Technical Services 3 Research

! (NYSDEC,50 Wolf Road, Albany, New York 12233 - 3502).

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11. DISPOSAL SYSTEM OPERATION AND OUALITY CONTROL 11.1 GENERAL

a. The dispocal system shall not receive or be committed to receive wastes beyond its design capacRy as 1

to volume and character of wastes treated, nor shall the system be materially altered as to: type, degree, j or capacity of treatment provided; disposal of treated effluent; or treatment and disposal of separated

scum, liquids, solids or combination thereof resulting from the treatment process without written approval of the Department of Environmental Conservation or its designated field office._

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! b. The permittee shall, at all times, properfy operate and maintain all facMities and systems of treatment and i* control (or related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes as a mirumum, the

following

1) A preventive / corrective maintenance program. 2) A site specific action orientated operation and maintenance manual for routine use, training new operators, adequate laboratory controls and i

appropriate quality assurance procedures. This provtsion requires the operation of backup or aux 9tary

, facilities or simlar systems which are installed by a permittee only when the operation is necessary to j achieve compliance with the conditions of the permit.

c. When required under Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6NYCRR 650), sufficient personnel meeting qualifications for operators of sewage treatment works as required therein and additional maintenance personnel shall be employed to satisfactor9y operate and maintain the treatment works,

d. The permittee shall not discharge floating solids or visible foam.

11.2 BYPASS

a. Definitions:

(1) " Bypass

• means the intentional or unintentional diversion of waste stream (s) around any portion of a treatment facility for the purpose or having the effect of reducing the degree of treatment intended fur the bypassed portion of the treatment facility.

(2) " Severe property damage' means substantial damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which would not reasonably be expected to occur in the absence of a bypass. Severe property damange does not mean economic loss caused by delays in production.

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, b. Bypass not excecding limitations:

The permittee may allow any bypass to occur which does not cause effluent limitations to be violated, but oniy if it also is for essential maintenance, repair or replacement to assure efficient and proper operation. These bypasses are not subject to the provisions of pargraph (c) and (d) of this section, provided that wntten notice is submitted prior to bypass (if anticipated) or as soon as possible after -

bypass (il unanticipated), and no public health hazard is created by the bypass.

c. Notice:

(t) Anticipated bypass If the permittee knows in advance of the need for a bypass, it shall submit prior wntten notice, at least forty five (45) days before the date of the bypass.

(2) Unanticipated bypass - The permrttee shall submit notice of an unanticipated bypass as required in Section 5, paragraph b. of this Part (24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> notice).

d. Prohibition of bypass:

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

(i) bypass was unavoidable to prevent loss oflife, personalinjury, public health hazard, or severe property damage; (ii) there were no feasible altematives to the bypass such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal period of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance or if designed and installed backup equipment which could have prevented or mitigated the impact of the bypass is not operating during the bypass; and (iii) the permittee submitted notices as required under paragraph (c) of this section and, excepting emergency conditions, the proposed bypass was accepted by the Department 11.3 UPSET

a. Definition:

" Upset

• means an exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperty designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

b. Effect of an upset:

An upset constitutes an affirmative defense to an action brought for noncompliance with such permit effluent limitations if the requirements of paragraph (c) of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review,

c. Conditions necessary for a demonstration of upset:

A permittee who wishes to establish the affirmative defense of upset shall demonstrr.te, through property signed, contemporaneous operation logs, or other relevant evidence that:

(1) an upset occurred and that the permittee can identify the cause(s) of the upset; (2) the permitted facility was at the time being properly operated; and (3) the permittee submitted notice of the upset as required in Section 5, paragraph b of this part (24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> notice).

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(4) th3 pirmittee complied with any remedial measures required under Ssction 5. paragraph d of this

part.

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d. Burden of proof

In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the .

} burden of proof.

I 11.4 SPECIAL CONDITION - DISPOSAL SYSTEMS WITH SEPTIC TANKS l If a septic tank is installed as part of the disposal system. it shall be inspected by the permittee or his agent

, for scum and sludge accumulation at intervals nc to exceed one year's duration, and such accumulation i

will be removed before the depth of either exceed! one fourth (1/4) of the liquid depth so that no settleable i

solids or scum will leave in the septic tank effluent. Such accumulation shall be disposed of in an approved -

manner.

11.5 SLUDGE DISPOSAL The storage or disposal of collected screenings, sludges, otner solids, or precipitates separated from the permitted discharges and/or intake or supply water by the permittee shall be done in such a manner as to prevent creation of nuisance conditions or entry of such materials into classified waters or their tributaries, and in a manner approved by the Departmeni. Any live fish, shellfish, or other animals collected or trapped as a result of intake water screening or treatment should be returned to their water body habitat. The permittee shall maintain records of disposal on all effluent screenings, sludges and other solids associated with the discharge (s) herein described. The following data shall be compiled and reported to the Department or its designated field office upon request:

a. the sources of the materials to be disposed of;

b. the approximate volumes, weights, water content and (if other than sewage sludge) chemical composition;

c. the method by which they were removed and transported, including the name and permit number of the waste transporter; and

d. their final disposal locations.

12. CONDITIONS APPLICABLE TO A PUBLICLY OWNED TREATMENT WORKS fPOTW) 12.1 GENERAL

a. All POTWs must provide adequate notice to the Department of the following-(1) any new introduction of pollutants into the POTW from an indirect discharger which would be subject to sections 301 or 306 of the Clean Water Act if it were directly discharging those pollutants; and (2) any substantial change in the volume or character of pollutants being introduced into that POTW by a source introducing pollutants into the POTW at the time of issuance of the permit.

(3) For purposes of this paragraph, adequate notice shall include information on:

- (i) the quality and quantity of effluent introduced into the POTW: and (ii) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW.

b. Dry weather overflows are prohibited. The occurance of any dry weather overflow constitutes a bypass exceeding limitations as defined in Section 11.2 of this Part and shall be promptly abated and reported to the Department in accord with Section 5 of this Part. The permittee shall inspect all overflow facilities at least twice per year (once each spring and fall) during periods of dry weather flow to ensure they are functioning properly. Records of all inspections shall be maintained for inspection by the Department or its designated representative

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. cl The permittee shall identify all inflow to the tributary system and remove excessive infiltration / inflow to an exttnt which is economically feasible.

d. The permittee shall enact, maintain and enforce an up to date and effective Sewer Use Ordinance which has been approved by the Department. *

e. New connections to a publicly owned sewer system or a privatized municipal sewer system are prohibited when the permittee is notified by the Department:

(1) that the discharge (s) regulated by this permit create (s) or is likely to create a public health or potential public health hazard, a contravention of water quality standards or the impairment of the best use of waters, as determined by the Commissioner; or (2) that the discharge (s) regulated by this permit exceeded the permit limit for a specific parameter, including flow, in four of any six consecutive month periods or exceeded a permit limit by 1.4 (1.2 for toxics) times the permit limit in two of any six consecutive month periods; or (3) that the permittee has failed or is likely to faa to carry out, meet or comply with any requirement of this permit, compliance schedule, order of the Department, judicial order, or consent decree,

f. The provisions provided for in e. above shall remain in effect until the Permittee can demonstrate ta the Department's satisfaction and approval that adequate avalable capacity exists in the plant and that the facMity is in full compliance with all of effluent limitations required by this permit.

12.2 NATIONAL PRETREATMENT STANDARDS: PROHIBITED DISCHARGES

a. General prohibitions:

Pollutants introduced into POTW's by a non-domestic source shall not pass through the POTW or interfere with the operation or performance of the works or disposal of sludge. These general prohibitions and the specific prohibitions in paragraph (b) of this section apply to all non<fomestic sources introducing pollutants into a POTW whether or not the source is subject to other National Pretreatment Standards or any national, State, or local Pretreatment Requirements.

b. Specific prohibition:

In addition, the following pollutants shall not be introduced into a POTW:

(1) pollutants which create a fire or explosion hazard in the POTW; (2) pollutants which wil cause corrosive structural damage to the POTW, but in no case discharge with pH lower than S.0 unless the works is specifically designed to accommodate such discharges; (3) solid or viscous pollutants in amounts which wil cause obstruction to the flow in the POTW resulting in Interference; (4) any pollutant, including oxygen demanding pollutants (B00, etc.) released in a Discharge at a flow rate and/or pollutant concentration which wHI cause interference with the PO1W.

(S) heat in amounts which wil inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 400 C -

9 (104 F) unless the Approval Autnority, upon request of the POTW, approves altemate temperature limits,

c. When Specific Limits Must be Developed by a PO1W:

(1) POTWs developing POTW Pretreatment Programs pursuant to 9403.8 shall develop and enforce specific limits to implement the prohibitions listed in 9403.S(a) and (b).

(2) All other POTW's shall, in cases where pollutants contributed by User (s) result in Interference or Pass Through, and sucn violation is likely to recur, develop and enforce specific effluent limits for Industrial User (s), and all other users, as appropriate, which, together with appropriate changes in the POTW Treatment Plant's Facilities or operation, are necessary to ensure renewed and continued compliance with the POTW's SPDES permit or sludge use or disposal practices.

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. a 0 Q) Specific effluent limits shall not be developed and enforced without individual notice to persons or groups who have request d such notice and an opportunity to respond.

d. Local Umits:

Where specific prohibitions or limits on pollutants or p;tlutant parameters are developed by a POTW in accordance with paragraph (c) above, such limits shall be deemed Pretreatment Standards for the purposes of $307(d) of the Act.

e. EPA and State Enforcement Actions:

If, wkhin 30 days after notice of an interference or Pass Through violation has been sent by EPA or DEC )

to the POTW, and to persons or groups who have requested such notice, the POTW fails to commence appropriate enforcement action to correct the violation, EPA and DEC may take appropriate enforcement action.

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