ML20132G097

Reissued NPDES Permit Mi 0037028,issued to Detroit Edison Co

ML20132G097
Person / Time
Site:	Fermi
Issue date:	06/25/1985
From:	Zugger P MICHIGAN, STATE OF
To:
Shared Package
ML20132G082	List: ML20132G080 ML20132G097
References
MI-0037028, MI-37028, NUDOCS 8508020501
Download: ML20132G097 (21)

Text

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Permit No. MI 0037028 MICHIGAN WATER RESOURCES COMMISSION AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of the Federal Water Pollution Control Act, as amended.

.(33. U.S.C.1251 et seq; the "Act"), and the Michigan Water Resources Commission Act, as

• amended, (Act 245, Public Acts of 1929, as amended, the " Michigan Act"),

Detroit Edison Company -

2000 Second Avenue Detroit, Michigan 48226 is authorized to discharge from a facility located at ,

Fermi-2 6400 North Dixie Highway Newport,Ilichigan '

to receiving water named Lake Erie in accordance with effluent limitations, monitoring requirements and other.. conditions set f rth in Parts I and II hereof.

This permit takes effect imediately upon the date of issuance. Any person who feels aggrieved by this permit may file a sworn petition with the Commission, setting forth the conditions of the permit which are being challenged and specifying the grounds for the challenge. The Commission may reject any petition filed more than 60 days after issuance as being untimely. Upon granting of a contested case to the applicant, the Commission shall review the permit to determine which contested terms shall be stayed until the Comission If thetakes its final contested action. is All condition other conditions of the permit remain a modification of a previous permit in full effect.

condition and the Commission determines the contested condition shall be stayed, then such previous condition remains in effect until the Comission takes final action.

During the course of any administrative proceeding brought by a person other than the cpplicant, the conditions of this permit will remain in effect, unless the Commission d2termines otherwise. .

This pe'rmit and the authorization to discharge shall expire at midnight May 31. 1990 .

In order to receive authorization to discharge beyond the date of expiration, the permittee shall submit such information and forms as are required by the Michigan Water Resources Commission no later than 180 days prior to the date of expiration.

This permit is based on an application' filed May 26. 1982. and unda ted ,1 anna rv 1 r; 1on

, and shall supersede any and all Orders cf Determination, Stipulation, Final Orders of Determination, or NPDES Permits pr;viously adopted by the Michigan Water Resources Comission.

Issued this A S A day of Avrur. i%S , by the Michigan Water Resources Commission superseding NPDES Permit No. MI 0037028 , expiring January 19, 1979.

1M Paul D. Zuggeru Reissue, Executive Secretary 8500020501 850723 PDR ADOCK 05000341 P PDR

• Permit No. Page 2 of g uI 00370?o PART I A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS I

1. Final Effluent Limitations  !

During the period beginning on the effective date of this permit and lasting until l tha expiration date of this permit, the permittee is authorized to discharge a maximum cf thirty million (30,000,000) gallons per day of cooling tower blowdown, treated rad- l taste wastewater and demineralizer regeneration wastewater from outfall 001 to Lake Erie.

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

Discharge Limitations kg/ day (1bs/ day) Other Limitations Monitoring Requirements Effluent Monthly Daily Monthly Daily Measurement Sample i Average Maximum Average Maximum Frequency Type  !

Characteristic i Flow, M 3/ Day (MGD)

Daily Continuous Tcmperature (DF) Daily Grab Intake Daily Grab Discharge l I The discharge shall not increase the temperature of Lake Erie at the edge of the mixing zone more than 03 F above the existing natural temperature or above the following monthly maximum temperatures wt.ichever is greater: Sept Oct Nov Dec Jan Feb Mar Apr My June July .Ag 80 - 85 80 70 60 50 45 45 50 60 70- 75 ,

0.2 mg/l 5xWeekly Grab Total Residual Chlorine (TRC) 2 120 min./ day 5xWeekly Grab Chlorine Discharge Time 2TRC is to be measured by the amperometric titration technique or other methods approved by the Chief of the Surface Water Quality Division. '

3 equally The daily maximun limitation for TRC shall be reported as the average No single ofsample shall spaced grab samples taken during the discharge of chlorine.

exceed 0.3 mg/l of TRC.

The permittee may use dechlorknation techniques to achieve the applicable TRC limitations, using sodium thiosulfate or sodium sulfite or other dechlorinating agents approved by the Chief of the Surface Water Quality Division, as dechlorination reagents. The quantity of reagent used shall be limited to 1.5 timesThe thepermittee'shall stoichio-metric amount needed for dechlorination of the chlorine dis:ha'rgid.

report montly, the quantity of each dechlorination reagent used per day.

EPA Priority Pollutants 3 No Detect- Quarterly Grab able amount 0.2 mg/l ~ 0'uarterly Grab Total Chromium 1.0 mg/l Quarterly Grab Total Zinc

P;rmit No. MI 0037028 Page 3 of 13,

1. Final Effluent Limitations (continued)

Discharge Limitations kg/ day (lbs/ day) Other Limitations Monitoring Requirements Effluent Monthly Daily Monthly Daily Measurement Sample

. Characteristic Average Maximum Average Maximum Frequency Type 3The monitoring requirements and limits for the EPA Priority Pollutants apply for l those priority pollutants contained in chemicals added for cooling tower maintenance, except total chromium and total zinc.

Detectable levels are defined in Special Condition 12, page 11 of 15.

Up:n approval of the Chief of the Surface Water Quality Division, the permittee may '

alternatively determine compliance with the limits for EPA Priority Pollutants by demonstrating, through engineering calculations, that the regulated pollutants are not detectable in the final discharge of cooling tower blowdown by approved analytical methods.

Quarterly monitoring shall be done in the months of February, May, August, and November of each year.

Outfall Observation 4 Daily Visual 4Any unusual visual characteristics of the discharge (unnatural turbidity, color, cil ,

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

a. The flow shall be monitored and reported as a daily total, but is n,ot to be considered a limitation in this permit.

b. The pH shall not be less than .6.0 nor greater than 9.0. The pH shall be monitored as follows: weekly; grab sample.

c. The receiving stream shall contain no unnatural turbidity, color, oil film, floating solids, foams, settleable solids, or deposits in quantities which are or may be injurious to any designated use as a result of this discharge.

d. Samples, measurements and observations taken in compliance with the monitoring requirements above shall be taken as follows: intake-prior to entering the plant; discharge-prior to discharging to Lake Erie.

e. In the event the permittee shall require the discharge of water treatment additives in addition to any previously approved by the Chief of the Surface Water Quality Division, the permittee shall notify the Division Chief. Written approval from the Chief of the Surface Water Quality Division 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, Section B-4 if a constituent of the additive or additives requires limiting.

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4 P;rinit No. MI 0037928 Page of 1

2. Final Effluent Limitations During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge a maximum of two hundred sixteen thousand (216,000) gallons per day

• of treated radwaste wastewater (a low volume waste) from outfall 00A (ref. figure 1) through cutfall 001 to Lake Erie. Such discharge shall be limited and monitored by the permittee as specified below:

Discharge limitations .

kg/ day (lbs/ day) Other Limitations Monitoring Requirements Daily Monthly Daily Measurement Sample Effluent Monthly Average Maximum Average Maximum Frequency Type Characteristic Flow, M 3/ Day (MGD)

Daily per occurrence 30 mg/l 100 mg/l Weekly Grab '

Tctal Suspended Solids per occurrence 15 mg/l 20 mg/l 2X Monthly Grab Oil and Grease per occurrence

• The flow shall be monitored and reported as a daily total, but is not to be considered as a limitation.

• • The permittee shall develop a sampling and testing protocol to demonstrate that the -

measurement frequency and sample type are adequate to ensure compliance with the limitations of this permit.

a. Measurements made in compliance with the monitoring requirements above shall be done prior to mixing with any other process or cooling waters.

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Pemit No. MI 0037028 Page .5 _ ,of ji_

3. Final Effluent Limitations During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge a maximum of two hundred eighty-eight thousand (288,000) gallons per day

• of demineralization and neutralization tank wastewater (low volume waste) from outfall 000 (ref. figure 1) through outfall 001 to Lake Erie. Such discharge shall be limited and monitored '

by the permittee as specified below:

Discharge Limitations  :

kg/ day (1bs/ day) Other Limitations Monitoring Requirements **

Effluent Monthly Daily Monthly Daily fieasurement Sample Characteristic Average Maximum Average Maximum Frequency Type Flow.M/ 3Day (MGD) Daily .

Total Suspended Solids 30 mg/l 100 mg/1 11eekly Grab

, _ per.,occurr(ncs .. ,

011 and Grease 15 mg/l 20 mg/l 2X Monthly Grab per occurrence cFlow shall be monitored and reported as a daily total, but is not to be considered as a limitation in this permit, ocPermittee shall develop a sampling and testing protocol to demonstrate that the measurement frequency and sample type are adequate to ensure compliance with the liaitations of this permit,

a. Measurements made in compliance with the monitoring requirements above shall be done prior to mixing with any other process or cooling waters.

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Permit No. MI 0037n?R Page 6 of 15

4. Final Effluent Linitations During the period beginning on the effective date of this permit and lasting until <

the expiration date of this permit, the pennittee is authorized to discharge a maximum of five hundred thirty-eight thousand.(538,000) gallons per day of turbine building dewatering water and an undetermined amount of storm water from outfall 002 to Lake Erie via overflow canal and Swan Creek. Such discharge shall be limited and monitored by the permittee as specified below: ,

Discharge limitations _ ..

kg/ day (1bs/dayr Other Limitations Monitoring Requirements Effluent Monthly Daily Monthly Daily Measurement Sample Average Maximum Average _ Maximum Frequency Type Characteristic Outfall Observation

• Weekly Visual ,

4 CAny unusual visual characteristics of the discharge (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 inmediately to the District Office of the Surface Water Quality Division fol'10wed with a written report uithin 5 days detailing the findings of the investigation and the steps taken to

, correct the condition. .

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a. The receiving stream shall contain no unnatural turbidity, color, oil film, floating solids, foams, settlecble solids er deposits in quantities which are or may be injurious to any designated use as a result of this discharge.

b. Observations taken in compliance with the monitoring requirements above shall be taken at outfall 002, t

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Permit'No. Ml_ 0037028 Page 7 ofic 5, Final Effluent L1;itations During the period beginning on the effective date of this permit and lasting until the expiration date of this pennit, the permittee is authorized to discharge an average l

cf three million six hundred thousand (3,600,000) gallons per day of reac.or building dewatering water from outfall 003 to Lake Erie via Swan Creek. Such discharge shall be limited and monitored by the permittee as specified below:

! Disch jar e Limitations k Other LiinTtations Monitoring Requirements Effluent daiy(ITs7dady) th Di

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MoiithTy Daily Measurement sample-l Characteristic Average Maximum Average Maximum Frequency Type Outfall Observation

• Weekly Visual i cAny unusual visual characteristics of the discharge (unnatural turbidity, color, oil film, floating solids, foams settleable solids or deposits) which would not be expected from the discharge of dewatering water shall be reported imediately to the District Office of the Surface Water Quality Division followed with a written report tithin 5 days detailing the findings of the investigation and the steps taken to correct the condition.

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 ,

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

b. Observation made in compliance with the monitoring requirements above shall be taitni at outfall 003,

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6. Final Effluent Limitations During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge an average of one hundred (100) gallons per day

• of dewatering water and an undetermined amount of storm water from outfall 004 to Lake Erie via quarry lakes. Such discharges shall be li;ited and monitored by the permittee as specified below:

Discharge Ljmitations kgLdayllbs/_ day) Other Limitations Monitoring Requirements Effluent fionthly Daily Monthly Daily Measurement Sample Characteristic Average, Maximum Average Maximum _ Frequency _ Type Outfall Observation" Week 1/ Visual cThe flow is not to be considered as a limitation on either the quantity or rate over time of discharge.

• • Any unusual visual characteristics of the discharge (unnatural turbidity, oil film, floating solids, foams, settleable solids, or deposits) which would not be expected from the discharge of dewatering water shall be reported immediately to the District Office of the Surface Water Quality Division followed with a written report within 5 Cys detailing the findings of the investigation and the steps taken to correct the condition.

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 be injurious to any designated use as a result of this discharge,

b. Observations made in compliance with the n.onitoring requirements above shall be taken at outfall 004

! Pe it No. M1 0037028 Page 8 of _15 ,

7. Fina*. Effluent Limitations 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 an unspecified amount of storm water runoff through outfalls 005, 007 and 008 to Lake Erie via Quarry Lakes. Such discharge shall be limited and monitored by the permittee '

as specified below: ,

Discharge Limitations -

I k da (lbs/ day) Other Limitations Monitoring Requirements '

Effluent onth y Daily ~ Monthly Daily Measurement sample Average Maximum Average Maximum Frequency Type Characteristic Daily ,

Dutfall Observation

• Per Occurrence Visual CAny unusual visual characteristics of the discharge (unnatural turbidity, color, oil fila, floating solids, foams, settleable solids or deposits) which would not be eipecte'd from the discharges specified above shall be reported immediately to the District Office

'fo the Surface Water Quality Division followed with a written report within 5 days detailing i the findings of the investigation and the steps taken to correct the condition. ,

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 be 'njurious to any designated use as a result of this discharge. -

b. Observations made in compliance with the Monitoring requirements above shall be done at outfalls 005, 007, and 008.

8. Final Effluent Limitations During the period beginning on the effective date of this permit and lasting until .'

the expiration date of this permit, the pemittee is authorized to discharge 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 j appropriate manner.  ;

9. Final Effluent Limitations During the period beginning on the effective date of this permit and lasting until '

the expiration date of this permit, the permittee is authorized to discharge an undetemined amount of water from Lake Erie used to test and flush the fire-fighting ,

system.

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. Permit No. MI 0037028 _

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l 20. Final Effluent Li-/tations During the period leginning on the effective date of this permit and lasting until the expiration hte of this pennit, the permittee is authorized to discharge a maximum of seven hu', dred twenty thousand (720,000) t cnd miscellaaeous lew' volume wastes from outfall 009 (gallons ref. figure 1) throughperthe day

• of stormwa overflow canal to take Erie via Swan Creek. Such discharge shall be Ifmited and monitored by the permitt u as specified below:

! Discharge Limitations kg/ day (1bs/ day) Other Limitations Monitoring Requirements **

Monthly Daily Monthly Daily Measurement Sample p: Effluent Average _ Maximum Frequency Type Characteristic Average Maximum l' ' Flow,M/ 3Day (MGD) Daily per L' . C occurrence

-' 30 mg/l 100 mg/l Per occurrence Grab I;. Total Suspended Solids t 011 and Grease i 15 mg/l 20 mg/l Per occurrence Grab ,

• Flow is not to be considered as a Ifmitation on either quantity or rate over time of discharge.

• • Permittee shall develop a sampling and testing prococol to demonstrate that the measuremert frequency and sample type are adequate to ensure compliance with the .

limitations of this permit.

$.' .Samules, measurements, and observations taken in compliance with the monitoring rtqufrutnts abave shall be taken prior to mixing with any other process or cooling waters. ,

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Pennit N). MI 0037028__ Page ,1,1__of 1 i

11. Special Condition This permit nny be modified or, alternatively, revoked and reissued to l comply with any applicable standard (s) or limitation (s) promulgated under Section 301(b)(2)(c)(d), 304(b)(2) and 307(a)(2) of the Act, if the ef. fluent I standard (s) or limitation (s) so promulgated:

a. is(are) either different in condition or more stringent than any effluent limitation in the permit; or~

b. control (s) any pollutant not limited in the permit.

12. soecial conditinn - Notification Requirement The discharger shall notify the Chief of the Surface Water Quality Division, in writing, within 10 days of knowing, or having reason to believe, that a change in facility operation, maintenance, or construction has resulted or-will result in the discharge of: "l

1. Detectable levels

• of chemicals on the current Michigan Critical Materials Register or priority pollutants or hazardous substances set forth in 40 CFR Vol. 48, No. 64, April 1, 1983, Part 122.21, Appendix D, pp. 14176-14177 which were not acknowledged in the application ** or listed in the application at less than detectable levels.

2. Detectable levels

• of any other chemical not listed in the application or listed at less than detection, for which the application specifically requested information.

l 3. 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.

• The detectable . level shall be defined as the Method Detection Limit (MDL) as given in Appendix 8 to Part 136, Federal Register, Vol. 49, No. 209, October 26, 1984, pp. 43430-31.

• • The application fjled May 26, 1982 and updated January 16, 1985.

13. Special Condition - PCB Effective upon the date of issuance of this permit, the Company shall not discharge any polychlorinated biphenyls to the receiving waters of the State of Michigan as a result of plant operations.

.'P:rmit No. MI 0037028 Page 12 of 15

14. Special Condition-Cooling Water Intake

'The Michigan Water Resources Connission has determined that the location, design, construction and capacity of the Enrico Fermi Atomic Power Plant, Unit 2, intake structure reflects the best technology available for minimizing adverse environmental impact in accordance with Section 316(b) of the Act. The permittee shall submit to the Chief of the Water Quality Division, a detailed .

study plan and time schedule for conducting environmental monitoring to determine the loss of aquatic crganisms in the cooling water intake and obtain his approval thereof within 18 months after the facility becomes fully operational.

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iPorinit No. MI 0037028 .

! PART I

'B. MONITORING AND REPORTING .

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

2. Reporting : = applicable to your facility, b = not applicable to your f'acility I

b a. MOR Submittal Requirements - The permittee shall submit Monthly Operating Report (MOR) forms to the Data Center of the Michigan Department of Natural Resources for each calGndar month of the authorized discharge period (s). The MOR's shall be postmarked no -

later than the 10th day of the month following each month of the authorized discharge period (s) .

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b. Retained Self-Monitoring Reouirements - The permittee shall maintain a year-to-date log of retained self-monitoring results and provide such log for inspection -

to the staff of the 0 (1.) surface water Quality Division / Groundwater Quality Division of the Michigan Department of Natural Resources.

O (2.).. Environmental Health Services Division, Michigan Department of P_uk O (3.).lic HealthNorthern Penins'ula Division, MiihWan Department of Public Health O (4.) Division of Health Facility Licensing & Certification. Michigan Department of Public Health '

upon request.

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~ Thr p'ei-nitte'e sha'll certify in writing to 'the Chief 6f th5 Surface Water' Quality Division / Groundwater Quality Division of the De ~

"with the Schedule of Compliance Part I,that: C- NA ,partment of Natural Re,s,ource (1.) all retained self-monitoring requirements have been complied with and a year-to-date log has been maintained.

(2.) the flow rate (s) (if part of retained self-monitoring results) from all outfalls have been substantially the same as the flow rate (s) authorized by this pemit or if (3.) the flow rate (s) (if part of retained self-monitoring results) is (are) different from the flow rate (s) authorized by this permit and substantially the bermittee 'shall provide reasons for the difference in flow rates.

bc. Groundwater Monitoring - The permittee shall submit Monthly Operating Report (MOR) fanns to the Data Center of the Michigan Department of Natural Resources in accordance with the monitoring requirements set forth in Part I; A-NA . The MOR's shall be postmarked no later than the 10th day of the month following each completed report period.

b d. First Permit - Existing or Proposed Facility - Upon issuance of the first parmit for an existing or proposed facility the permittee is exempt from submitting MOR's for o period of ninety (90) days from the date the permit is issued.

E e. Permit Reissuance or Modification - For any parameter added to the monitoring requirements as a result of permit reissuance or modification of the current pennit, the Demittee will be exempt from submittinn MOR data for that parareter for a period of ninety (90) days from the date the pemit is issued.

Page ,14 __of is .

'P;rmit No. MI 0037028

3. Definitions

a. The monthly average discharge is defined as the total discharge by weight, or concentration if specified, during the reporting mont When less than daily sampling occurs, the or connercial facility occurred. .

monthly average discharge shall be determined by the summation of the measured ll daily discharges by weight, or concentration if specified, divided by the number of days during 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 60606.

d. The Michigan The Water Resources Commission is located in the Stevens T.

mailing address is Box 30028, Lansing, Michigan 48909.

Mason Building.

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

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

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

b. The dates the analyses were performed;

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

d. The analytical techniques or methods used; and

e. The results of all required analyses.

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Page 18 .of n .

Iermit No. MI 0037028 _

6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location (s) designated .:

herein more frequently than required by this permit, usingd approve j methods as specified above, the results of such monitoring shall be in i in the calculation and reporting of the values required in the Monthly O Report. Such increased frequency shall also be indicated.

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7. Records Retention All records and infomation resulting from the monitoring activities required by this pemit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from co monitoring instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the Regional Administrator or the  ;

Water Resources Comission.

C. SCHEDULE OF COMPLIANCE 1.

The pemittee shall continue to operate the installed facilities to ach 005, 006, 007, the effluent limitations. specified for outfall(s) '001, 002, 003. 004.

008, and 009.

2.

The pemittee shall comply with the requirements uf Section 10, Pa in accordance with the following: '

a.

Submit plans for approval to the Chief of the Surface Water Quality Division necessary to comply with NA the primary power provision of Section 10 in Part II on or before

- b. The pemittee shall comply with the NA requirements

_, of items 10a or 10 Notwithstanding contained in Part II on or before the preceding sentence, the pemittee shall at all times halt, reduce,

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or otherwise control production in order to prote 3.

No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of prog or, in the case of specific actions being required by identified dates, aIn th

' written statement of compliance or noncompliance. Failure tostatemen submit adn the probability of meeting the next scheduled requi the Comission Act and the Part 21 Rules.

r Page 1 of 5 2 Parmit N3. MI 0037028 PART II A. MANAGEMENT REQUIREMENTS

1. Duty to Comply All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this . ~

permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit.

It is the duty of the permittee to comply with all the terms and conditions of this permit. Any noncompliance with the Effluent Limitations, Special -

Conditions, or terms of this permit constitutes 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 of 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 or, if such by changes will not violate the effluent limitations specified in this permit, notice to the permit irsuing authority of such changes. Following such notice, the permit may be modified to specify and limit any pollutant not previously limited. ,

3. Containment Facilities The permittee shall provide facilities for containment of any accidental losses of concentrated solutions, acids, alkalies, salts, oils, or other polluting materials in accordance with the requirements of the Michigan Water Resources Commission Rules, Part 5. This requirement is included pursuant to 1929 PA 245, as amended, Section 5 of the Michigan Water Resources Commission Act, and the Part 5 rules of the General Rules of the Commission.

4. Operator Certification The permittee shall have the waste treatment facilities under direct supervision of an operator certified by the Michigan Water Resources Com=ission, as required by Section 6a of the Michigan Act.

5. Noncompliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any daily maximum ef fluent limitation specified in this permit, the permittee shall provide the Chief of the Surface Water Quality Division with the following information, in writing, within five (5) days of becoming aware of such condition:

Parnit No, MI 0037028 Pcgs 2 of 5 2

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 pr. event recurrence of the noncomplying discharge.

6. Spill Notification The permittee shall im=ediately report any spill or loss of any product, by-product, intermediate product, oils, solvents, waste material, or any other polluting substance which occurs to the surface waters or groundwaters of the ,

state by calling the Department of Natural Resources 24-hour E=ergency Response telephone number 1-800-292-4706; and the permittee shall within ten (10) days of the spill or loss, provide the state with a full written explanation as to the '

cause and discovery of the spill or loss, clean-up and 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 i Commission Act,-1929 PA 245, as amended. ,

7. Facility 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 permit.

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8. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to the surface or groundwaters of the state resulting from noncompliance 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-Ppssing Any diversion from or by-pass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where unavoidable to prevent loss of life, personal injury, or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Michigan Water Resources Commission and the Regional Administrator, in writing, of such diversion or by-pass.

10. Power Failures I

In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either:

a. Provide an alternative power source sufficient to operate facilities utilized by permittee to maintain compliance with the effluent limita-tions and conditions of this permit which provision shall be indicated in this permit by inclusion of a specific compliance date in each appropriate " Schedule of Compliance for Effluent Limitations".

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r Pcgs 3 of 5 7 rmit No. MI 0037028

b. Upon the reduction, loss, or failure of one or more of the primary sources of power to facilities utilized by the permittee to maintain compliance with the affluent limitations and conditions of this permit, the permittee shall halt, reduce or otherwise control production and/or all discharge in order to maintain compliance with the effluent limitations and conditions of this permit.

11. Removed Substances Solids, sludges, filter backwash, or other pollutants removed from or resulting from treatment or control of wastewaters shall be disposed of in a .

manner such as to prevent any pollutant from such materials from entering navigable waters, or the entry of toxic or harmful contaminants thereof onto the groundwaters in concentrations or amounts detrimental to the groundwater ,

resource. .

12. Upset Noncompliance Notification ,e.

If a process " upset" (defined as an exceptional incident in which there is unintentional and te=porary noncompliance with technology based permit effluent '

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 Chief of the Surf ace 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 within five (5) days, provide in writing, the following information:

a. That an upset occurred and that the permittee can identify the specific cause(s) of the upset; the time,

b. That the permitted wastewater treatment facility was, at being properly operated;

c. That the permittee has specified and taken action on all responsible steps to minimize or correct any adverse impact in the environment  :

I resulting from noncompliance with his permit.

In any enforcement proceedings, the permittee is seeking to establish the occurrence of an upset, has the burden of proof.

13 Any requirement of this permit which is included under the unique terms of Michigan, the Water Resources Commission, Act 245, P.A. 1929, as amended, and rules promulgated thereunder, is not enforceable under the Federal Clean Water Act regulations.

e Parmit No. MI 0037028 ,

Pege 4 of 5 B. RESPONSIBILITIES

1. Right of Entry The permittee shall allow the Executive Secretary of the Michigan Water i Resources Commission, the Regional Administrator and/or their authorized representatives, upon the presentation of credentials: ,,

s. To enter upon the permittee's premises where an effluent source is  ;

located or in which any records are required to be kept under the terms and conditions of this permit; and

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

to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. .

2. Transfer of Ownership or Control .

In the event of any change i control or ownership of facilities from 9L which the authorized discharge e sanate, the permittee shall notify the succeeding owner or controller of the existance of this permit by letter, a copy of which shall be forwarded to the Michigan Water Resources Commission and the Regional Administrator.

3. Availability of Reports Except for data determined to be confidential under Section 308 of the Act and Rule 2128 of the Water Resources Commission Rules, Part 21, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the State Water Pollution Control Agency and the Regional Administrator. As required by the Act, effluent data shall not 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 Af ter 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 not limited to, the following:

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

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

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

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e Page 5 of 5 2

, Parmit No. MI 0037028

5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent

- standard or prohibition) is established under Section 307(a) of the Act for o toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant is this permit, this permit shall be revised or modified in accordance with the toxic ~

offluent standard or prohibition and the permittee so notified.

6. Civil and Criminal Liability Except as provided in permit conditions on "By-Passing" (Part II, A-9) and " Power Failures" (Part II, A-10), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance, whether or not such noncompliance is due to f actors beyond his control, such ,

as accidents, equipment breakdowns, or labor disputes. ..

! 7. Oil and Hazardous Substance Liability m.

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee may be subject under Section 311 of the Act except as are exempted by federal regulations.

8. State Laws

'Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Act.

-9. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize

' violation of any Federal, State or local laws or regulations, nor does it obviate the necessity of obtaining such permits or approvals from other units of I. government as may be required by law.

10. Severability The provisions of this permit are severable, and if any provision of this a permit, or the application of any provision of this permit to any circumstances, if held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.

11. Notice to Public Utilities (Miss Dig)

The issua'nce of this permit does not exempt the permittee from giving notice to public utilities and complying with each of the requirements of Act 53 of the Public Acts of 1974, being sections 460.701 to 460.718 of the Michigan Compiled Laws, when constructing facilities to meet the terms of this permit.

l Permit No. MI 0037028 MIXING ZONE Facility: Detroit Edison Co.

• Fermi-2 Newport, Michigan .

Discharge location _

Receiving Water _

Outfall Number k SE, k SW, 735,'R12E Lake Erie  % SE, k SW, T35, R12E 001 Lake Erie SE, T45, R11E 002 k SE, Lake Erie NE, k NE, T45, R11E 003 Lake Erie 004 Monroe County ,

Lake Erie 009 <

ig For toxic and other pollutants, the volume ofWater Quality water used receiving00 feet that effluent limitations are sufficiently stringent to m from the point of discharge.

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