RA13-043, County, Units I and 2, Notification of NPDES Permit Renewal No. 1L0048151

County, Units I and 2, Notification of NPDES Permit Renewal No. 1L0048151

ML13217A075
Person / Time
Site:	LaSalle
Issue date:	08/02/2013
From:	Vinyard H Exelon Generation Co
To:	Office of Nuclear Reactor Regulation, Document Control Desk
References
RA13-043
Download: ML13217A075 (21)

Text

RA13-043 August 2, 2013 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, D.C. 20555 LaSalle County Station, Units I and 2 Facility Operating License Nos. NPF-1 1 and NPF-1 8 NRC Docket Nos. 50-373 and 50-374

Subject:

Notification of NPDES Permit Renewal for Exelon Generation Company, LLC, LaSalle County Station NPDES Permit No. 1 L0048151

Reference:

Letter from Alan Keller, PE., Division of Water Pollution Control, Illinois Environmental Protection Agency, dated July 5, 2013 In accordance with the 30 day notification requirements of Appendix B to Facility Operating Licenses NPF-1 1 and NPF - 18, "Environmental Protection Plan," Section 3.2, "Reporting Related to the NPDES Permits and State Certification," notification is being provided of issuance of the final NPDES Permit for Exelon Generation Company, LLC, (EGC) LaSalle County Station (LSCS). The final permit issued was based on an NPDES Permit Renewal Application submitted to the Illinois Environmental Protection Agency (IEPA) on December 29, 2011.

The newly issued permit includes the following changes:

• Changed the Total Residual Chlorine concentration limit from 0.2 ppm to 0.05 ppm at Outfall 001 (Cooling Pond Blowdown).

• Revised the load limits for 30 day average of TSS and CBOD at Outfall B01 (Sewage Treatment Plant Effluent)

• Added new load limits for TSS and Oil & Grease at Outfall C01 (Wastewater Treatment System Effluent).

• Special Condition 8 was revised to include required quarterly visual observations of stormwater discharges.

• Added Special Condition 15 which requires submittal of information relative to the river intake at the facility.

U.S. Nuclear Regulatory Commission August 2, 2013 Page 2

• Added Special Condition 16 which incorporates a Compliance Implementation schedule to meet the revised Total Residual Chlorine concentration limit at Outfall 001 (Cooling Pond Blowdown)

The final permit enclosed is effective August 1, 2013 and has an expiration date of July 31, 2018.

Should you have any questions concerning this letter, please contact Mr. Guy V. Ford, Regulatory Assurance Manager, at (815) 415-2800.

Respectfully, Harold T. Vinyard Plant Manager LaSalle County Station Attachment cc: Regional Administrator - NRC Region III NRC Senior Resident Inspector - LaSalle County Station

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 * (217)782-2829 PAT QUINN, GOVERNOR LISA BONNETT, DIRECTOR 217/782-0610 July 5, 2013 Exelon Generation Company, LLC 4300 Winfield Road Warrenville, Illinois 60555 Re: Exelon Generation Company, LLC LaSalle County Generating Station NPDES Permit No. IL0048151 Final Permit Gentlemen:

Attached is the final NPDES Permit for your discharge. The Permit as issued covers discharge limitations, monitoring, and reporting requirements. Failure to meet any portion of the Permit could result in civil and/or criminal penalties. The Illinois Environmental Protection Agency is ready and willing to assist you in interpreting any of the conditions of the Permit as they relate specifically to your discharge.

The Agency received your letter dated June 20, 2013 regarding the draft NPDES permit. Based on the information provided, the Agency has the following response.

1. Special Condition 3D was revised as requested.

2. Special Condition 16, the first paragraph was revised as requested

3. Special Condition 16, the third paragraph was not revised as requested. The change was unnecessary based on the current language.

The Agency has begun a program allowing the submittal of electronic Discharge Monitoring Reports (eDMRs) instead of paper Discharge Monitoring Reports (DMRs). If you are interested in eDMRs, more information can be found on the Agency website, http://epa.state.il.us/water/edinr/index.html . If your facility is not registered in the eDMR program, a supply of preprinted paper DMR Forms for your facility will be sent to you prior to the initiation of DMR reporting under the reissued permit. Additional information and instructions will accompany the preprinted DMRs upon their arrival.

The attached Permit is effective as of the date indicated on the first page of the Permit. Until the effective date of any re-issued Permit, the limitations and conditions of the previously-issued Permit remain in full effect. You have the right to appeal any condition of the Permit to the Illinois Pollution Control Board within a 35 day period following the issuance date.

4302 N . Main St., Rockford, IL 61 103 (815)987-7760 9511 Harrison St.. Des Plaines, IL 60016 (847)294.4000 595 S. State, Elgin, IL 60123 (847)608.3131 5407 N. University St., Arbor 113, Peorio, 1616)4 (309)693-5462 2125 S. First Si, Champaign, IL 61820 (217)278-5800 2309 W. Main St., Suite 1 16, Marion, IL 62959 (618)993.7200 2009 Mall St., Colrvuville, IL 62234 (618)346.5120 100 W. Randolph, Suite 1 1-300, Osicogo, IL 60601 (312)814.6026 PLtAsE PRINT ON RECYCLED PAPER

Should you have questions concerning the Permit, please contact Leslie Lowry at 217/782-0610.

Sincerely, Alan Keller, P.E.

Manager, Permit Section Division of Water Pollution Control SAK: DEL: LRL:1203 0801.daa

Attachment:

Final Permit cc: Records Unit Compliance Assurance Section Rockford Region Billing USEPA

NPDES Permit No. IL0048151 Illinois Environmental Protection Agency Division of Water Pollution Control 1021 North Grand Avenue East Springfield, Illinois 62794-9276 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Reissued (NPDES) Permit Expiration Date: July 31, 2018 Issue Date: July 5, 2013 Effective Date: August 1, 2013 Name and Address of Permittee: Facility Name and Address:

Exelon Generation Company, LLC Exelon Generation Company, LLC 4300 Winfield Road LaSalle County Generating Station Warrenville, Illinois 60555 2601 N. 21st Street Marseilles, Illinois 61341 (LaSalle County)

Discharge Number and Name: Receiving Waters:

001 Cooling Pond Blowdown Illinois River A01 Demineralizer Regenerant Wastes B01 Sewage Treatment Plant Effluent C01 Wastewater Treatment System Effluent D01 Cooling Water Intake Screen Backwash E01 Unit 1 and 2 Radwaste Treatment System Effluent F01 Auxiliary Reactor Equipment Cooling and Flushing Water G01 North Site Stormwater Runoff H01 South Site Stormwater Runoff 101 Reverse Osmosis System Reject Water and Greensand Filter Backwash 002 Illinois River Make-Up Water Intake Screen Backwash Illinois River In compliance with the provisions of the Illinois Environmental Protection Act, Title 35 of III. Adm. Code, Subtitle C and/or Subtitle D, Chapter 1, and the Clean Water Act (CWA), the above -named permittee is hereby authorized to discharge at the above location to the above-named receiving stream in accordance with the standard conditions and attachments herein.

Permittee is not authorized to discharge after the above expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit the proper application as required by the Illinois Environmental Protection Agency (I EPA) not later than 180 days prior to the expiration date.

Alan Keller, P.E.

Manager, Permit Section Division of Water Pollution Control SAK:LRL;12030801.daa

Page 2 NPDES Permit No. IL0048151 Effluent Limitations and Monitoring

1. From the effective date of this permit until the expiration date, the effluent of the following discharges shall be monitored and limited at all times as follows:

LOAD LIMITS lbs/day CONCENTRATION DAF (DMF) LIMITS mgI 30 DAY DAILY 30 DAY DAILY SAMPLE SAMPLE PARAMETER AVERAGE MAXIMUM AVERAGE MAXIMUM FREQUENCY TYPE Outfall 001 - Cooling Pond Blowdown*

(Average Flow = 34.9 MGD)

This discharge consists of:

1. Main Condenser Cooling Water

2. Clean Condensate System Flushing and Maintenance (Alternate Route)

3. House Service Water

4. Demineralizer Regenerant Wastes (Outfall A01)

5. Sewage Treatment Plant Effluent (Outfall B01)

6. Wastewater Treatment System Effluent (Outfall C01)

7. Cooling Pond Intake Screen Backwash (Outfall D01)

8. Unit 1 and 2 Radwaste Treatment System Effluent (Outfall E01)

9. Auxiliary Reactor Equipment Cooling and Flushing Water (Outfall F01)

10. North Site Stormwater Runoff (Outfall G01)**

11. South Site Stormwater Runoff (Outfall H01)**

12. Reverse Osmosis System Reject Water and Greensand Filter Backwash (Outfall 101)

13. Water Softener Regenerant Waste

14. North Inlet Canal Stormwater Runoff**

15. South Inlet Canal Stormwater Runoff**

16. IDNR Fish Hatchery Effluents Flow (MGD) See Special Condition 1. Daily Continuous pH See Special Condition 2. 2/Month Grab Temperature See Special Condition 3. Daily Continuous Total Residual Chlorine / See Special Condition 4 and 16. 0.05 2/Month Grab Total Residual Oxidant Zinc (Total) Monitor Only 1/Quarter Grab

• - See Special Condition 13.

• • - See Special Condition 8.

Page 3 NPDES Permit No. IL0048151 Effluent Limitations and Monitoring

1. From the effective date of this permit until the expiration date, the effluent of the following discharges shall be monitored and limited at all times as follows:

LOAD LIMITS lbs/day CONCENTRATION DAF (DMFl LIMITS mo/I 30 DAY DAILY 30 DAY DAILY SAMPLE SAMPLE PARAMETER AVERAGE MAXIMUM AVERAGE MAXIMUM FREQUENCY TYPE Outfall A01 - Demineralizer Regenerant Wastes*

(Intermittent Discharge)

This discharge consists of:

1. Make-Up Demineralizer Regenerant Wastes

2. Off-Specification Demineralized Water

3. Make-Up Demineralizer Maintenance Wastewater

4. Unit Waterbox Vacuum Pump Condensate

5. Radwaste Treatment Acid/Caustic System Drains Flow (MGD) See Special Condition 1. 1/Week 24 Hour Total Total Suspended Solids 15 30 1/Week Grab

• - Also discharge to the Wastewater Treatment System (Outfall C01) as an alternate route.

Outfall B01 - Sewage Treatment Plant Effluent (DAF = 0. 06 MGD)

This discharge consists of.

1. Sanitary Wastewater

2. Eyewash Station Wastewater Flow (MGD) See Special Condition 1. Daily Continuous pH See Special Condition 2. 2/Month Grab CBOD5 13 42 25 50 2/Month 24 Hour Composite Total Suspended Solids 15 50 30 60 2/Month 24 Hour Composite

Page 4 NPDES Permit No. IL0048151 Effluent Limitations and Monitoring

1. From the effective date of this permit until the expiration date, the effluent of the following discharges shall be monitored and limited at all times as follows:

LOAD LIMITS lbs/day CONCENTRATION DAF f DMFI LIMITS mg/I 30 DAY DAILY 30 DAY DAILY SAMPLE SAMPLE PARAMETER AVERAGE MAXIMUM AVERAGE MAXIMUM FREQUENCY TYPE Outfall C01- Wastewater Treatment System Effluent (DAF = 0.044 MGD)

This discharge consists of:

1. Turbine Building Fire and Miscellaneous Non-Radioactive Wastewater Sump

2. Greensand Filter Backwash (Alternative Route)

3. Diesel Fuel Storage and Service Water Building Sump

4. Auxiliary Boiler Blowdown

5. Water Softener Regenerant Waste

6. Demineralizer Regenerant Wastes (Outfall A01 Alternate Route)

7. Heat Bay Building Roof Area

8. Fire Protection System Flushing and Maintenance*

9. Service Water System Flushing and Maintenance*

10. Domestic Water System Flushing and Maintenance*

11. Clean Condensate System Flushing and Maintenance**

12. Laboratory Liquid Wastes

13. Station Heat System Condensate

14. Diesel Generator Cooling Water

15. Standby Liquid Control Test Skid Flush Water

16. Groundwater Flow (MGD) See Special Condition 1. Daily Continuous pH See Special Condition 2. 1/Week Grab Total Suspended Solids 5 17 15 30 1/Month 24 Hour Composite Oil & Grease 2.5 3.34 15 20 1/Month Grab

• - Also discharges to the North Site Stormwater Runoff (Outfall G01) and/or South Site Stormwater Runoff (Outfall H01) as an alternate route.

• • - Also discharges to the Cooling Pond Blowdown (Outfall 001) via the service water system and resulting main condenser cooling water as an alternate route.

Outfall D01 - Cooling Water Intake Screen Backwash*

(Intermittent Discharge)

• - This discharge is limited to cooling water intake screen backwash free from other wastewater discharges. Adequate maintenance of the trash basket is required to prevent the discharge of floating debris collected on intake screens back to the cooling pond.

Page 5 NPDES Permit No. IL0048151 Effluent Limitations and Monitoring

1. From the effective date of this permit until the expiration date, the effluent of the following discharges shall be monitored and limited at all times as follows:

LOAD LIMITS lbs/day CONCENTRATION DAF (DMF) LIMITS mg/I 30 DAY DAILY 30 DAY DAILY SAMPLE SAMPLE PARAMETER AVERAGE MAXIMUM AVERAGE MAXIMUM FREQUENCY TYPE Outfall E01 - Unit 1 and 2 Radwaste Treatment System Effluent (Intermittent Discharge)

This discharge consists of:

1. Equipment Drains in the Turbine, Auxiliary, and Reactor Buildings

2. Floor Drains in the Turbine, Auxiliary, and Reactor Buildings

3. Condensate Polisher Waste from the Turbine Building

4. Decontamination and Laundry Waste Flow (MGD) See Special Condition 1. 1/Week Estimate Total Suspended Solids 15 30 1NVeek Grab Oil & Grease 15 20 1/Week Grab Outfall F01 - Auxiliary Reactor Equipment Cooling and Flushing Water*

(Intermittent Discharge)

• - This discharge is limited to auxiliary reactor equipment cooling and flushing water free from other wastewater discharges.

Outfall G01 - North Site Stormwater Runoff*

(Intermittent Discharge)

This discharge consists of-

1. Fire Protection System Flushing and Maintenance (Alternate Route)

2. Service Water System Flushing and Maintenance (Alternate Route)

3. Domestic Water System Flushing and Maintenance (Alternate Route)

4. Clean Condensate System Flushing and Maintenance (Alternate Route)

5. North Site Uncontaminated Stormwater Runoff

• - See Special Condition 8.

Page 6 NPDES Permit No. IL0048151 Effluent Limitations and Monitoring

1. From the effective date of this permit until the expiration date, the effluent of the following discharges shall be monitored and limited at all times as follows:

LOAD LIMITS lbs/day CONCENTRATION DAF (DMF) LIMITS mall 30 DAY DAILY 30 DAY DAILY SAMPLE SAMPLE PARAMETER AVERAGE MAXIMUM AVERAGE MAXIMUM FREQUENCY TYPE Outfall H01 - South Site Stormwater Runoff*

(Intermittent Discharge)

This discharge consists of-

1. Fire Protection System Flushing and Maintenance (Alternate Route)

2. Service Water System Flushing and Maintenance (Alternate Route)

3. Domestic Water System Flushing and Maintenance (Alternate Route)

4. Clean Condensate System Flushing and Maintenance (Alternate Route)

5. South Site Uncontaminated Stormwater Runoff

• - See Special Condition 8.

Outfall 101 - Reverse Osmosis System Reject Water and Greensand Filter Backwash (Average Flow = 0.003 MGD)

Flow (MGD) See Special Condition 1. 1/Week 24 Hour Total Total Suspended Solids 15 30 1/Month Grab Outfall 002 - Illinois River Makeup Water Intake Screen Backwash*

(Intermittent Discharge)

This discharge consists of:

1. River Intake Screen Backwash

2. Trench Wash Water

3. Process Sampling Discharge

4. Lake Make-Up Pump Gland Leakoff, Coolers, Reliefs, and Min Flow

5. Lake Make-Up Pump Strainer Backwash

6. Air Compressor Receiver and Prefilter Drainage

7. Dewatering Pump Discharge

8. Fire Protection Water

9. River Screen House Switchyard Stormwater Runoff`*

10. River Screen House Floor Drains and Roof Drains

• - Adequate maintenance of the intake screen system is required to prevent the discharge of floating debris collected on intake screens back to the Illinois River.

• • - See Special Condition 8.

Page 7 NPDES Permit No. IL0048151 Special Conditions SPECIAL CONDITION 1. Flow shall be measured in units of Million Gallons per Day (MGD) and reported as a monthly average and a daily maximum on the Discharge Monitoring Report.

SPECIAL CONDITION 2. The pH shall be in the range 6.0 to 9 .0. The monthly minimum and monthly maximum values shall be reported on the DMR form.

SPECIAL CONDITION 3. This facility meets the criteria for establishment of a formal mixing zone for thermal discharges pursuant to 35 IAC 302.102. The following mixing zone defines the area and volume of the receiving water body in which mixing is allowed to occur. Water quality standards for temperature listed in table below must be met at every point outside of the mixing zone.

Jan. Feb. Mar. April May June July Aug. Sept. Oct. Nov. Dec.

° F 60 60 60 90 90 90 90 90 90 90 90 60

°C 16 16 16 32 32 32 32 32 32 32 32 16 A. The temperature at the edge of the mixing zone should be calculated using the mass balance equation below.

TEDGE = [0.25 x (Qus x Tus) + QE x TE] / (0.25 X Qus + QE)

Where:

TEDGE = Temperature at the edge of the mixing zone.

Qus = Upstream Flow Tus = Upstream Temperature QE = Effluent Flow TE = Temperature of the effluent.

B. There shall be no abnormal temperature changes that may adversely affect aquatic life unless caused by natural conditions. The normal daily and seasonal temperature fluctuations which existed before the addition of heat due to other than natural causes shall be maintained.

C. The maximum temperature rise above natural temperatures shall not exceed 2.8° C (50 F).

D. The water temperature at the edge of the mixing zone defined above shall not exceed the maximum limits in the foregoing table during more than one percent of the hours in the 12 month period ending with any month. Moreover, at no time shall the water temperature at the edge of the mixing zone exceed the maximum limits in the foregoing table by more than 1 .70 C (30 F).

E. The monthly maximum value shall be reported on the DMR form.

SPECIAL CONDITION 4. All samples for Total Residual Chlorine / Total Residual Oxidant shall be analyzed by an applicable method contained in 40 CFR 136, equivalent in accuracy to low-level amperometric titration. Any analytical variability of the method used shall be considered when determining the accuracy and precision of the results obtained.

SPECIAL CONDITION 5. There shall be no discharge of complexed metal bearing wastestreams and associated rinses from chemical metal cleaning unless this permit has been modified to include the new discharge.

SPECIAL CONDITION 6. The Permittee shall record monitoring results on Discharge Monitoring Report (DMR) Forms using one such form for each outfall each month.

In the event that an outfall does not discharge during a monthly reporting period, the DMR Form shall be submitted with no discharge indicated.

The Permittee may choose to submit electronic DMRs (eDMRs) instead of mailing paper DMRs to the IEPA. More information, including registration information for the eDMR program, can be obtained on the IEPA website, http://www.ei3a.state.il.us/water/edmrfindex.html.

The completed Discharge Monitoring Report forms shall be submitted to IEPA no later than the 28th day of the following month, unless otherwise specified by the permitting authority.

Page 8 NPDES Permit No. IL0048151 Special Conditions Permittees not using eDMRs shall mail Discharge Monitoring Reports with an original signature to the IEPA at the following address:

Illinois Environmental Protection Agency Division of Water Pollution Control 1021 North Grand Avenue East Post Office Box 19276 Springfield, Illinois 62794-9276 Attention: Compliance Assurance Section, Mail Code # 19 SPECIAL CONDITION 7. The upset defense provisions as defined in 40 CFR 122 .41(n) are hereby incorporated by reference.

SPECIAL CONDITION 8.

STORM WATER POLLUTION PREVENTION PLAN (SWPPP)

A. A storm water pollution prevention plan shall be maintained by the permittee for the storm water associated with industrial activity at this facility. The plan shall identify potential sources of pollution which may be expected to affect the quality of storm water discharges associated with the industrial activity at the facility. In addition, the plan shall describe and ensure the implementation of practices which are to be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility and to assure compliance with the terms and conditions of this permit. The permittee shall modify the plan if substantive changes are made or occur affecting compliance with this condition.

1. Waters not classified as impaired pursuant to Section 303(d) of the Clean Water Act.

Unless otherwise specified by federal regulation, the storm water pollution prevention plan shall be designed for a storm event equal to or greater than a 25-year 24-hour rainfall event.

2. Waters classified as impaired pursuant to Section 303(d) of the Clean Water Act.

For any site which discharges directly to an impaired water identified in the Agency's 303(d) listing, and if any parameter in the subject discharge has been identified as the cause of impairment, the storm water pollution prevention plan shall be designed for a storm event equal to or greater than a 25 -year 24-hour rainfall event. If required by federal regulations, the storm water pollution prevention plan shall adhere to a more restrictive design criteria.

B. The operator or owner of the facility shall make a copy of the plan available to the Agency at any reasonable time upon request.

Facilities which discharge to a municipal separate storm sewer system shall also make a copy available to the operator of the municipal system at any reasonable time upon request.

C. The permittee may be notified by the Agency at any time that the plan does not meet the requirements of this condition. After such notification, the permittee shall make changes to the plan and shall submit a written certification that the requested changes have been made. Unless otherwise provided, the permittee shall have 30 days after such notification to make the changes.

D. The discharger shall amend the plan whenever there is a change in construction, operation, or maintenance which may affect the discharge of significant quantities of pollutants to the waters of the State or if a facility inspection required by paragraph H of this condition indicates that an amendment is needed. The plan should also be amended if the discharger is in violation of any conditions of this permit, or has not achieved the general objective of controlling pollutants in storm water discharges.

Amendments to the plan shall be made within 30 days of any proposed construction or operational changes at the facility, and shall be provided to the Agency for review upon request.

E. The plan shall provide a description of potential sources which may be expected to add significant quantities of pollutants to storm water discharges, or which may result in non -storm water discharges from storm water outfalls at the facility. The plan shall include, at a minimum, the following items:

1. A topographic map extending one-quarter mile beyond the property boundaries of the facility, showing: the facility, surface water bodies, wells (including injection wells), seepage pits, infiltration ponds, and the discharge points where the facility's storm water discharges to a municipal storm drain system or other water body. The requirements of this paragraph may be included on the site map if appropriate. Any map or portion of map may be withheld for security reasons.

2. A site map showing:

I. The storm water conveyance and discharge structures;

Page 9 NPDES Permit No. IL0048151 Special Conditions ii. An outline of the storm water drainage areas for each storm water discharge point; iii. Paved areas and buildings; iv. Areas used for outdoor manufacturing, storage, or disposal of significant materials, including activities that generate significant quantities of dust or particulates.

v. Location of existing storm water structural control measures (dikes, coverings, detention facilities, etc.);

vi. Surface water locations and/or municipal storm drain locations vii. Areas of existing and potential soil erosion; viii. Vehicle service areas; ix. Material loading, unloading, and access areas.

x. Areas under items iv and ix above may be withheld from the site for security reasons.

3. A narrative description of the following:

I. The nature of the industrial activities conducted at the site, including a description of significant materials that are treated, stored or disposed of in a manner to allow exposure to storm water; ii. Materials, equipment, and vehicle management practices employed to minimize contact of significant materials with storm water discharges; iii. Existing structural and non- structural control measures to reduce pollutants in storm water discharges; iv. Industrial storm water discharge treatment facilities;

v. Methods of onsite storage and disposal of significant materials.

4. A list of the types of pollutants that have a reasonable potential to be present in storm water discharges in significant quantities. Also provide a list of any pollutant that is listed as impaired in the most recent 303(d) report.

5. An estimate of the size of the facility in acres or square feet, and the percent of the facility that has impervious areas such as pavement or buildings.

6. A summary of existing sampling data describing pollutants in storm water discharges.

F. The plan shall describe the storm water management controls which will be implemented by the facility. The appropriate controls shall reflect identified existing and potential sources of pollutants at the facility. The description of the storm water management controls shall include:

1. Storm Water Pollution Prevention Personnel - Identification by job titles of the individuals who are responsible for developing, implementing, and revising the plan.

2. Preventive Maintenance - Procedures for inspection and maintenance of storm water conveyance system devices such as oil/water separators, catch basins, etc., and inspection and testing of plant equipment and systems that could fail and result in discharges of pollutants to storm water.

3. Good Housekeeping - Good housekeeping requires the maintenance of clean, orderly facility areas that discharge storm water. Material handling areas shall be inspected and cleaned to reduce the potential for pollutants to enter the storm water conveyance system.

4. Spill Prevention and Response - Identification of areas where significant materials can spill into or otherwise enter the storm water conveyance systems and their accompanying drainage points. Specific material handling procedures, storage requirements, spill cleanup equipment and procedures should be identified, as appropriate. Internal notification procedures for spills of significant materials should be established.

5. Storm Water Management Practices - Storm water management practices are practices other than those which control the source of pollutants. They include measures such as installing oil and grit separators, diverting storm water into retention

Page 10 NPDES Permit No. IL0048151 Special Conditions basins, etc. Based on assessment of the potential of various sources to contribute pollutants, measures to remove pollutants from storm water discharge shall be implemented. In developing the plan, the following management practices shall be considered:

L Containment - Storage within berms or other secondary containment devices to prevent leaks and spills from entering storm water runoff. To the maximum extent practicable storm water discharged from any area where material handling equipment or activities, raw material, intermediate products, final products, waste materials, by-products, or industrial machinery are exposed to storm water should not enter vegetated areas or surface waters or infiltrate into the soil unless adequate treatment is provided.

ii. Oil & Grease Separation - Oil/water separators, booms, skimmers or other methods to minimize oil contaminated storm water discharges.

iii. Debris & Sediment Control - Screens, booms, sediment ponds or other methods to reduce debris and sediment in storm water discharges.

iv. Waste Chemical Disposal - Waste chemicals such as antifreeze, degreasers and used oils shall be recycled or disposed of in an approved manner and in a way which prevents them from entering storm water discharges.

v. Storm Water Diversion - Storm water diversion away from materials manufacturing, storage and other areas of potential storm water contamination. Minimize the quantity of storm water entering areas where material handling equipment of activities, raw material, intermediate products, final products, waste materials, by-products, or industrial machinery are exposed to storm water using green infrastructure techniques where practicable in the areas outside the exposure area, and otherwise divert storm water away from exposure area.

vi. Covered Storage or Manufacturing Areas - Covered fueling operations, materials manufacturing and storage areas to prevent contact with storm water.

vii. Storm Water Reduction - Install vegetation on roofs of buildings within adjacent to the exposure area to detain and evapotranspirate runoff where precipitation falling on the roof is not exposed to contaminants, to minimize storm water runoff; capture storm water in devices that minimize the amount of storm water runoff and use this water as appropriate based on quality.

6. Sediment and Erosion Prevention - The plan shall identify areas which due to topography, activities, or other factors, have a high potential for significant soil erosion. The plan shall describe measures to limit erosion.

7. Employee Training - Employee training programs shall inform personnel at all levels of responsibility of the components and goals of the storm water pollution control plan. Training should address topics such as spill response, good housekeeping and material management practices. The plan shall identify periodic dates for such training.

8. Inspection Procedures - Qualified plant personnel shall be identified to inspect designated equipment and plant areas. A tracking or follow-up procedure shall be used to ensure appropriate response has been taken in response to an inspection.

Inspections and maintenance activities shall be documented and recorded.

G. Non-Storm Water Discharge - The plan shall include a certification that the discharge has been tested or evaluated for the presence of non -storm water discharge. The certification shall include a description of any test for the presence of non-storm water discharges, the methods used, the dates of the testing, and any onsite drainage points that were observed during the testing. Any facility that is unable to provide this certification must describe the procedure of any test conducted for the presence of non-storm water discharges, the test results, potential sources of non-storm water discharges to the storm sewer, and why adequate tests for such storm sewers were not feasible.

H. Quarterly Visual Observation of Discharges - The requirements and procedures for quarterly visual observations are applicable to all outfalls covered by this condition.

1. You must perform and document a quarterly visual observation of a storm water discharge associated with industrial activity from each outfall. The visual observation must be made during daylight hours. If no storm event resulted in runoff during daylight hours from the facility during a monitoring quarter, you are excused from the visual observations requirement for that quarter, provided you document in your records that no runoff occurred. You must sign and certify the document.

2. Your visual observation must be made on samples collected as soon as practical, but not to exceed 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> or when the runoff or snow melt begins discharging from your facility. All samples must be collected from a storm event discharge that Is greater than 0.1 inch in magnitude and that occurs at least 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> from the previously measureable (greater than 0.1 inch rainfall) storm event. The observation must document: color, odor, clarity, floating solids, settled solids, suspended solids, foam, oil

Page 11 NPDES Permit No. IL0048151 Special Conditions sheen, and other obvious indicators of storm water pollution. If visual observations indicate any unnatural color, odor, turbidity, floatable material, oil sheen or other indicators of storm water pollution, the permittee shall obtain a sample and monitor for the parameter or the list of pollutants in Part E.4.

3. You must maintain your visual observation reports onsite with the SWPPP. The report must include the observation date and time, inspection personnel, nature of the discharge (i.e., runoff or snow melt), visual quality of the storm water discharge (including observations of color, odor, floating solids, settled solids, suspended solids, foam, oil sheen, and other obvious indicators of storm water pollution), and probable sources of any observed storm water contamination.

4. You may exercise a waiver of the visual observation requirement at a facility that is inactive or unstaffed, as long as there are no industrial materials or activities exposed to storm water. If you exercise this waiver, you must maintain a certification with your SWPPP stating that the site is inactive and unstaffed, and that there are no industrial materials or activities exposed to storm water.

5. Representative Outfalls - If your facility has two or more outfalls that you believe discharge substantially identical effluents, based on similarities of the industrial activities, significant materials, size of drainage areas, and storm water management practices occurring within the drainage areas of the outfalls, you may conduct visual observations of the discharge at just one of the outfalls and report that the results also apply to the substantially identical outfall(s).

6. The visual observation documentation shall be made available to the Agency and general public upon written request.

1. The permittee shall conduct an annual facility inspection to verify that all elements of the plan, including the site map, potential pollutant sources, and structural and non-structural controls to reduce pollutants in industrial storm water discharges are accurate.

Observations that require a response and the appropriate response to the observation shall be retained as part of the plan.

Records documenting significant observations made during the site inspection shall be submitted to the Agency in accordance with the reporting requirements of this permit.

J. This plan should briefly describe the appropriate elements of other program requirements, including Spill Prevention Control and Countermeasures (SPCC) plans required under Section 311 of the CWA and the regulations promulgated there under, and Best Management Programs under 40 CFR 125.100.

K. The plan is considered a report that shall be available to the public at any reasonable time upon request.

L. The plan shall include the signature and title of the person responsible for preparation of the plan and include the date of initial preparation and each amendment thereto.

M. Facilities which discharge storm water associated with industrial activity to municipal separate storm sewers may also be subject to additional requirement imposed by the operator of the municipal system Construction Authorization Authorization is hereby granted to construct treatment works and related equipment that may be required by the Storm Water Pollution Prevention Plan developed pursuant to this permit.

This Authorization is issued subject to the following condition(s).

N. If any statement or representation is found to be incorrect, this authorization may be revoked and the permittee there upon waives all rights there under.

0. The issuance of this authorization (a) does not release the permittee from any liability for damage to persons or property caused by or resulting from the installation, maintenance or operation of the proposed facilities; (b) does not take into consideration the structural stability of any units or part of this project; and (c) does not release the permittee from compliance with other applicable statutes of the State of Illinois, or other applicable local law, regulations or ordinances.

P. Plans and specifications of all treatment equipment being included as part of the stormwater management practice shall be included in the SWPPP.

Q. Construction activities which result from treatment equipment installation, including clearing, grading and excavation activities which result in the disturbance of one acre or more of land area, are not covered by this authorization. The permittee shall contact the IEPA regarding the required permit(s).

Page 12 NPDES Permit No. IL0048151 Special Conditions REPORTING R. The facility shall submit an electronic copy of the annual inspection report to the Illinois Environmental Protection Agency. The report shall include results of the annual facility inspection which is required by Part I of this condition. The report shall also include documentation of any event (spill, treatment unit malfunction, etc.) which would require an Inspection, results of the inspection, and any subsequent corrective maintenance activity. The report shall be completed and signed by the authorized facility employee(s) who conducted the inspection(s). The annual inspection report is considered a public document that shall be available at any reasonable time upon request.

S. The first report shall contain information gathered during the one year time period beginning with the effective date of coverage under this permit and shall be submitted no later than 60 days after this one year period has expired. Each subsequent report shag contain the previous year's information and shall be submitted no later than one year after the previous year's report was due.

T. If the facility performs inspections more frequently than required by this permit, the results shall be included as additional information in the annual report.

U. The permittee shall retain the annual inspection report on file at least 3 years. This period may be extended by request of the Illinois Environmental Protection Agency at any time.

Annual inspection reports shall be mailed to the following address:

Illinois Environmental Protection Agency Bureau of Water Compliance Assurance Section Annual Inspection Report 1021 North Grand Avenue East Post Office Box 19276 Springfield, Illinois 62794-9276 V. The permittee shall notify any regulated small municipal separate storm sewer owner (MS4 Community) that they maintain coverage under an individual NPDES permit. The permittee shall submit any SWPPP or any annual inspection to the MS4 community upon request by the MS4 community.

SPECIAL CONDITION 9. This permit authorizes the use of water treatment additives that were requested as part of this renewal. The use of any new additives, or change in those previously approved by the Agency, or if the permittee increases the feed rate or quantity of the additives used beyond what has been approved by the Agency, the permittee shall request a modification of this permit in accordance with the Standard Conditions - Attachment H.

The permittee shall submit to the Agency on a yearly basis a report summarizing their efforts with water treatment suppliers to find a suitable alternative tcphosphorus based additives.

SPECIAL CONDITION 10. This permit may be modified to include different final effluent limitations or requirements which are consistent with applicable laws, regulations, or judicial orders. The Agency will public notice the permit modification.

SPECIAL CONDITION 11. The effluent, alone or in combination with other sources, shall not cause a violation of any applicable water quality standard outlined in 35 III. Adm. Code 302.

SPECIAL CONDITION 12. The use or operation of this facility shall be by or under the supervision of a Certified Class K operator.

SPECIAL CONDITION 13. There shall be no discharge of polychlorinated biphenyl compounds (PCBs).

SPECIAL CONDITION 14. Samples taken in compliance with the effluent monitoring requirements shall be taken at a point representative of the discharge, but prior to entry into the receiving stream.

SPECIAL CONDITION 15. The facility utilizes a closed-cycle recirculating cooling system, a 2058 acre cooling pond, for cooling of plant condensers and is determined to be the equivalent of Best Technology Available (BTA) for cooling water intake structures to prevent/minimize impingement mortality in accordance with the Best Professional Judgment (BPJ) provisions of 40 CFR 125.3 because it allows the facility to only withdraw the amount of water necessary to maintain the cooling pond level rather than the entire volume used for cooling of the plant condensers.

In order for the Agency to evaluate the potential impacts of cooling water intake structure operations pursuant to 40 CFR 125.90(b), the permittee shall prepare and submit information to the Agency outlining current intake structure conditions at this facility, including a detailed description of the current intake structure operation and design, description of any operational or structural modifications from

Page 13 NPDES Permit No. IL0048151 Special Conditions original design parameters, source waterbody flow information as necessary.

The information shall also include a summary of historical 316(b) related intake impingement and/or entrainment studies, if any, as well as current impingement mortality and/or entrainment characterization data; and shall be submitted to the Agency within six (6) months of the permit's effective date.

Upon the receipt and review of this information, the permit may be modified to require the submittal of additional information based on a

Best Professional Judgment review by the Agency. This permit may also be revised or modified in accordance with any laws, regulations, or judicial orders pursuant to Section 316(b) of the Clean Water Act.

SPECIAL CONDITION 16. For a period of 18 months following the effective date of this permit during times when the condenser cooling water is chlorinated intermittently, Total Residual Chlorine may be discharged from each generating unit's main condensers for no more than 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> per day. During such authorized discharge time period, the maximum discharge limit is 0.2 mg/I, measured as an instantaneous maximum.

A Total Residual Chlorine limit of 0.05 mg /I (Daily Maximum) for outfall 001 shall become effective 18 months from the effective date of this Permit.

The Permittee shall construct a dechlorination system or some alternative means of compliance in accordance with the following schedule:

1. Status Report 4 months from the effective date

2. Commence Construction 10 months from the effective date

3. Status Report 14 months from the effective date

4. Complete Construction 16 months from the effective date

5. Obtain Operation Level 18 months from the effective date Compliance dates set out in this Permit may be superseded or supplemented by compliance dates in judicial orders, or Pollution Control Board orders. This Permit may be modified, with Public Notice, to include such revised compliance dates.

The Permittee shall operate the dechlorination system or an alternative means of compliance in a manner to ensure continuous compliance with the Total Residual Chlorine limit, not to the extent that will result in violations of other permitted effluent characteristic, or water quality standards.

REPORTING The Permittee shall submit a report no later than fourteen (14) days following the completion dates indicated above for each numbered item in the compliance schedule, indicating, a) the date the item was completed, or b) that the item was not completed, the reason for non-completion, and the anticipated completion date.

Page 14 Attachment H 8-Hour Composite Sample means a combination of at least 3 sample aliquots of at least 100 milliliters, collected at periodic Standard Conditions intervals during the operating hours of a facility over an 8-hour period.

Definitions Flow Proportional Composite Sample means a combination of Act means the Illinois Environmental Protection Act, 415 ILCS 5 as sample aliquots of at least 100 milliliters collected at periodic Amended. intervals such that either the time interval between each aliquot or the volume of each aliquot is proportional to either the stream flow Agency means the Illinois Environmental Protection Agency. at the time of sampling or the total stream flow since the collection of the previous aliquot.

Board means the Illinois Pollution Control Board.

(1) Duty to comply. The permittee must comply with all conditions of this permit. Any permit noncompliance Clean Water Act (formerly referred to as the Federal Water Pollution Control Act) means Pub. L 92-500, as amended. 33 constitutes a violation of the Act and is grounds for U.S.C. 1251 et seq. enforcement action, permit termination, revocation and reissuance, modification, or for denial of a permit renewal NPDES (National Pollutant Discharge Elimination System) means application. The permittee shall comply with effluent standards the national program for issuing, modifying, revoking and reissuing, or prohibitions established under Section 307(a) of the Clean terminating, monitoring and enforcing permits, and imposing and Water Act for toxic pollutants within the time provided in the enforcing pretreatment requirements, under Sections 307, 402, 318 regulations that establish these standards or prohibitions, even and 405 of the Clean Water Act. if the permit has not yet been modified to incorporate the requirements.

USEPA means the United States Environmental Protection Agency.

(2) Duty to reapply. If the permittee wishes to continue an activity Daily Discharge means the discharge of a pollutant measured regulated by this permit after the expiration date of this permit, during a calendar day or any 24-hour period that reasonably the permittee must apply for and obtain a new permit If the represents the calendar day for purposes of sampling. For permittee submits a proper application as required by the pollutants with limitations expressed in units of mass, the "daily Agency no later than 180 days prior to the expiration date, this discharge" is calculated as the total mass of the pollutant permit shall continue in full force and effect until the final discharged over the day. For pollutants with limitations expressed Agency decision on the application has been made.

in other units of measurements, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (3) Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would Maximum Daily Discharge Limitation (daily maximum) means the have been necessary to haft or reduce the permitted activity in highest allowable daily discharge. order to maintain compliance with the conditions of this permit Average Monthly Discharge Limitation (30 day average) means (4) Duty to mitigate. The permittee shall take all reasonable the highest allowable average of daily discharges over a calendar steps to minimize or prevent any discharge in violation of this month, calculated as the sum of all daily discharges measured permit which has a reasonable likelihood of adversely affecting during a calendar month divided by the number of daily discharges human health or the environment.

measured during that month. The permittee shall at (5) Proper operation and maintenance.

Average Weekly Discharge Limitation (7 day average) means the all times properly operate and maintain all facilities and highest allowable average of daily discharges over a calendar systems of treatment and control (and related appurtenances) week, calculated as the sum of all daily discharges measured which are installed or used by the permittee to achieve during a calendar week divided by the number of daily discharges compliance with conditions of this permit Proper operation measured during that week. and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate Best Management Practices (BMPs) means schedules of laboratory and process controls, including appropriate quality activities, prohibitions of practices, maintenance procedures, and assurance procedures. This provision requires the operation of other management practices to prevent or reduce the pollution of back-up, or auxiliary facilities, or similar systems only when waters of the State. BMPs also include treatment requirements, necessary to achieve compliance with the conditions of the operating procedures, and practices to control plant site runoff, permit.

spillage or leaks, sludge or waste disposal, or drainage from raw material storage. (6) Permit actions. This permit may be modified, revoked and reissued, or terminated for cause by the Agency pursuant to 40 Aliquot means a sample of specified volume used to make up a CFR 122.62 and 40 CFR 122.63. The filing of a request by the total composite sample. permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or Grab Sample means an individual sample of at least 100 milliliters anticipated noncompliance, does not stay any permit condition.

collected at a randomly-selected time over a period not exceeding 15 minutes. (7) Property rights. This permit does not convey any property rights of any sort, or any exclusive privilege.

24-Hour Composite Sample means a combination of at least 8 sample aliquots of at least 100 milliliters, collected at periodic (8) Duty to provide information. The permittee shall furnish to intervals during the operating hours of a facility over a 24-hour the Agency within a reasonable time, any information which the period. Agency may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with the permit. The permittee shall also furnish to the Agency upon request, copies of records required to be kept by this permit.

Page 15 (9) Inspection and entry. The permittee shall allow an authorized authorized representative only if.

representative of the Agency or USEPA (including an (1) The authorization is made in writing by a person authorized contractor acting as a representative of the Agency described in paragraph (a); and or USEPA), upon the presentation of credentials and other (2) The authorization specifies either an individual or a documents as may be required by law, to: position responsible for the overall operation of the (a) Enter upon the permittee s premises where a regulated facility, from which the discharge originates, such as facility or activity is located or conducted, or where records a plant manager, superintendent or person of must be kept under the conditions of this permit; equivalent responsibility; and (b) Have access to and copy, at reasonable times, any (3) The written authorization is submitted to the Agency.

records that must be kept under the conditions of this (c) Changes of Authorization. If an authorization under (b) permit; is no longer accurate because a different individual or (c) Inspect at reasonable times any facilities, equipment position has responsibility for the overall operation of the (including monitoring and control equipment), practices, or facility, a new authorization satisfying the requirements of operations regulated or required under this permit; and (b) must be submitted to the Agency prior to or together (d) Sample or monitor at reasonable times, for the purpose of with any reports, information, or applications to be signed assuring permit compliance, or as otherwise authorized by by an authorized representative.

the Act, any substances or parameters at any location. (d) Certification. Any person signing a document under paragraph (a) or (b) of this section shall make the (10) Monitoring and records. following certification:

(a) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored I certify under penalty of law that this document and all activity. attachments were prepared under my direction or (b) The permittee shall retain records of all monitoring supervision in accordance with a system designed to information, including all calibration and maintenance assure that qualified personnel properly gather and records, and all original strip chart recordings for evaluate the information submitted. Based on my inquiry continuous monitoring instrumentation, copies of all of the person or persons who manage the system, or reports required by this permit, and records of all data those persons directly responsible for gathering the used to complete the application for this permit, for a information, the information submitted is, to the best of period of at least 3 years from the date of this permit, my knowledge and belief, true, accurate, and complete. I measurement, report or application. Records related to am aware that there are significant penalties for the permittee's sewage sludge use and disposal activities submitting false information, including the possibility of shall be retained for a period of at least five years (or fine and imprisonment for knowing violations.

longer as required by 40 CFR Part 503). This period may be extended by request of the Agency or USEPA at any (12) Reporting requirements.

time. (a) Planned changes. The permittee shall give notice to the Agency (c) Records as of monitoring soon information as shall possible include: of any planned physical (1) The date, exact place, and time of sampling or alterations or additions to the permitted facility.

measurements; Notice is required when:

(2) The individual(s) who performed the sampling or (1) The alteration or addition to a permitted facility may measurements; meet one of the criteria for determining whether a (3) The date(s) analyses were performed; facility is a new source pursuant to 40 CFR 122.29 (4) The individual(s) who performed the analyses; (b); or (5) The analytical techniques or methods used; and (2) The alteration or addition could significantly change (6) The results of such analyses. the nature or increase the quantity of pollutants (d) Monitoring must be conducted according to test discharged. This notification applies to pollutants procedures approved under 40 CFR Part 136, unless other which are subject neither to effluent limitations in the test procedures have been specified in this permit. Where permit, nor to notification requirements pursuant to no test procedure under 40 CFR Part 136 has been 40 CFR 122.42 (a)(1).

approved, the permittee must submit to the Agency a test (3) The alteration or addition results in a significant method for approval. The permittee shall calibrate and change in the permittee's sludge use or disposal perform maintenance procedures on all monitoring and practices, and such alteration, addition, or change analytical instrumentation at intervals to ensure accuracy may justify the application of permit conditions that of measurements. are different from or absent in the existing permit, including notification of additional use or disposal (11) Signatory requirement. All applications, reports or sites not reported during the permit application information submitted to the Agency shall be signed and process or not reported pursuant to an approved certified. land application plan.

(a) Application. All permit applications shall be signed as (b) Anticipated noncompliance. The permittee shall give follows: advance notice to the Agency of any planned changes in (1) For a corporation: by a principal executive officer of the permitted facility or activity which may result in at least the level of vice president or a person or noncompliance with permit requirements.

position having overall responsibility for (c) Transfers. This permit is not transferable to any person environmental matters for the corporation: except after notice to the Agency.

(2) For a partnership or sole proprietorship: by a general (d) Compliance schedules. Reports of compliance or partner or the proprietor, respectively; or noncompliance with, or any progress reports on, interim (3) For a municipality, State, Federal, or other public and final requirements contained in any compliance agency: by either a principal executive officer or schedule of this permit shall be submitted no later than 14 ranking elected official. days following each schedule date.

(b) Reports. All reports required by permits, or other (e) Monitoring reports. Monitoring results shall be reported information requested by the Agency shall be signed by a at the intervals specified elsewhere in this permit.

person described in paragraph (a) or by a duly authorized (1) Monitoring results must be reported on a Discharge representative of that person. A person is a duty Monitoring Report (DMR).

Page 16 (2) If the permittee monitors any pollutant more required in paragraph (12)(f) (24-hour notice).

frequently than required by the permit, using test (d) Prohibition of bypass.

procedures approved under 40 CFR 136 or as (1) Bypass is prohibited, and the Agency may take specified in the permit, the results of this monitoring enforcement action against a permittee for shall be included in the calculation and reporting of bypass, unless:

the data submitted in the DMR. (i) Bypass was unavoidable to prevent loss of life, (3) Calculations for all limitations which require personal injury, or severe property damage; averaging of measurements shall utilize an arithmetic (ii) There were no feasible alternatives to the mean unless otherwise specified by the Agency in bypass, such as the use of auxiliary treatment the permit. facilities, retention of untreated wastes, or (f) Twenty-four hour reporting. The permittee shall report maintenance during normal periods of any noncompliance which may endanger health or the equipment downtime. This condition is not environment. Any information shall be provided orally satisfied if adequate back-up equipment should within 24-hours from the time the permittee becomes have been installed in the exercise of aware of the circumstances. A written submission shall reasonable engineering judgment to prevent a also be provided within 5 days of the time the permittee bypass which occurred during normal periods becomes aware of the circumstances. The written of equipment downtime or preventive submission shall contain a description of the maintenance; and noncompliance and its cause; the period of (iii) The permittee submitted notices as required noncompliance, including exact dates and time; and if the under paragraph (13)(c).

noncompliance has not been corrected, the anticipated (2) The Agency may approve an anticipated bypass, time it is expected to continue; and steps taken or after considering its adverse effects, if the Agency planned to reduce, eliminate, and prevent reoccurrence determines that it will meet the three conditions of the noncompliance. The following shall be included as listed above in paragraph (13)(d)(1).

information which must be reported within 24-hours:

(1) Any unanticipated bypass which exceeds any (14) Upset.

effluent limitation in the permit. (a) Definition. Upset means an exceptional incident in which (2) Any upset which exceeds any effluent limitation in there is unintentional and temporary noncompliance with the permit. technology based permit effluent limitations because of (3) Violation of a maximum daily discharge limitation for factors beyond the reasonable control of the permittee.

any of the pollutants listed by the Agency in the An upset does not include noncompliance to the extent permit or any pollutant which may endanger health or caused by operational error, improperly designed the environment. treatment facilities, inadequate treatment facilities, lack of The Agency may waive the written report on a case- preventive maintenance, or careless or improper by-case basis if the oral report has been received operation.

within 24-hours. (b) Effect of an upset. An upset constitutes an affirmative (9) Other noncompliance. The permittee shall report all defense to an action brought for noncompliance with such instances of noncompliance not reported under technology based permit effluent limitations if the paragraphs (12) (d), (e), or (f), at the time monitoring requirements of paragraph (14)(c) are met. No reports are submitted. The reports shall contain the determination made during administrative review of information listed in paragraph (12) (f). claims that noncompliance was caused by upset, and (h) Other information. Where the permittee becomes before an action for noncompliance, is final administrative aware that it failed to submit any relevant facts in a permit action subject to judicial review.

application, or submitted incorrect information in a permit (c) Conditions necessary for a demonstration of upset. A application, or in any report to the Agency, it shall permittee who wishes to establish the affirmative defense promptly submit such facts or information. of upset shall demonstrate, through properly signed, contemporaneous operating togs, or other relevant (13) Bypass. evidence that:

(a) Definitions. (1) An upset occurred and that the permittee can identify (1) Bypass means the intentional diversion of waste the cause(s) of the upset; streams from any portion of a treatment facility. (2) The permitted facility was at the time being properly (2) Severe property damage means substantial operated; and physical damage to property, damage to the (3) The permittee submitted notice of the upset as treatment facilities which causes them to become required in paragraph (12)(f)(2) (24-hour notice).

inoperable, or substantial and permanent loss of (4) The permittee complied with any remedial measures natural resources which can reasonably be required under paragraph (4).

expected to occur in the absence of a bypass. (d) Burden of proof. In any enforcement proceeding the Severe property damage does not mean economic permittee seeking to establish the occurrence of an upset loss caused by delays in production. has the burden of proof.

(b) Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause (15) Transfer of permits. Permits may be transferred by effluent limitations to be exceeded, but only if it also is modification or automatic transfer as described below:

for essential maintenance to assure efficient (a) Transfers by modification. Except as provided in operation. These bypasses are not subject to the paragraph (b), a permit may be transferred by the provisions of paragraphs (13)(c) and (13)(d). permittee to a new owner or operator only if the permit (c) Notice. has been modified or revoked and reissued pursuant to (1) Anticipated bypass. If the permittee knows in 40 CFR 122.62 (b) (2), or a minor modification made advance of the need for a bypass, it shall submit pursuant to 40 CFR 122.63 (d), to identify the new prior notice, if possible at least ten days before permittee and incorporate such other requirements as the date of the bypass. may be necessary under the Clean Water Act.

(2) Unanticipated bypass. The permittee shall (b) Automatic transfers. As an alternative to transfers under submit notice of an unanticipated bypass as paragraph (a), any NPDES permit may be automatically

Page 17 transferred to a new permittee if:

(1) The current permittee notifies the Agency at least 30 (19) If an applicable standard or limitation is promulgated under days in advance of the proposed transfer date; Section 301(b)(2)(C) and (D), 304(b)(2), or 307(a)(2) and that (2) The notice includes a written agreement between the effluent standard or limitation is more stringent than any existing and new permittees containing a specified effluent limitation in the permit, or controls a pollutant not date for transfer of permit responsibility, coverage and limited in the permit, the permit shall be promptly modified or liability between the existing and new permittees; and revoked, and reissued to conform to that effluent standard or (3) The Agency does not notify the existing permittee and limitation.

the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not (20) Any authorization to construct issued to the permittee received, the transfer is effective on the date specified pursuant to 35 Ill. Adm. Code 309.154 is hereby incorporated in the agreement. by reference as a condition of this permit.

(16) All manufacturing, commercial, mining, and silvicultural (21) The permittee shall not make any false statement, dischargers must notify the Agency as soon as they know or representation or certification in any application, record, have reason to believe: report, plan or other document submitted to the Agency or the (a) That any activity has occurred or will occur which would USEPA, or required to be maintained under this permit.

result in the discharge of any toxic pollutant identified under Section 307 of the Clean Water Act which is not (22) The Clean Water Act provides that any person who violates a limited in the permit, if that discharge will exceed the permit condition implementing Sections 301, 302, 306, 307, highest of the following notification levels: 308, 318, or 405 of the Clean Water Act is subject to a civil (1) One hundred micrograms per liter (100 ugA); penalty not to exceed $25,000 per day of such violation. Any (2) Two hundred micrograms per liter (200 ugh) for person who willfully or negligently violates permit conditions acrolein and acrylonitrile; five hundred micrograms implementing Sections 301, 302, 306, 307, 308, 318 or 405 of per liter (500 ugA) for 2,4-dinitrophenol and for 2 - the Clean Water Act is subject to a fine of not less than methyl-4,6 dinitrophenol; and one milligram per liter $2,500 nor more than $25,000 per day of violation, or by (1 mg/1) for antimony. imprisonment for not more than one year, or both.

(3) Five (5) times the maximum concentration value Additional penalties for violating these sections of the Clean reported for that pollutant in the NPDES permit Water Act are identified in 40 CFR 122.41 (a)(2) and (3).

application; or (4) The level established by the Agency in this permit. (23) The Clean Water Act provides that any person who falsifies, (b) That they have begun or expect to begin to use or tampers with, or knowingly renders inaccurate any monitoring manufacture as an intermediate or final product or device or method required to be maintained under this permit byproduct any toxic pollutant which was not reported in shall, upon conviction, be punished by a fine of not more than the NPDES permit application. $10,000, or by imprisonment for not more than 2 years, or both. If a conviction of a person is for a violation committed (17) All Publicly Owned Treatment Works (POTWs) must provide after a first conviction of such person under this paragraph, adequate notice to the Agency of the following: punishment is a fine of not more than $20,000 per day of (a) Any new introduction of pollutants into that POTW from violation, or by imprisonment of not more than 4 years, or an indirect discharge which would be subject to Sections both.

301 or 306 of the Clean Water Act if it were directly discharging those pollutants; and (24) The Clean Water Act provides that any person who knowingly (b) Any substantial change in the volume or character of makes any false statement, representation, or certification in pollutants being introduced into that POTW by a source any record or other document submitted or required to be introducing pollutants into the POTW at the time of maintained under this permit, including monitoring reports or issuance of the permit. reports of compliance or non-compliance shall, upon (c) For purposes of this paragraph, adequate notice shall conviction, be punished by a fine of not more than $10,000 include information on (i) the quality and quantity of per violation, or by imprisonment for not more than 6 months effluent introduced into the POTW, and (ii) any per violation, or by both.

anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. (25) Collected screening, slurries, sludges, and other solids shall be disposed of in such a manner as to prevent entry of those (18) If the permit is issued to a publicly owned or publicly regulated wastes (or runoff from the wastes) into waters of the State.

treatment works, the permittee shall require any industrial The proper authorization for such disposal shall be obtained user of such treatment works to comply with federal from the Agency and is incorporated as part hereof by requirements concerning: reference.

(a) User charges pursuant to Section 204 (b) of the Clean Water Act, and applicable regulations appearing in 40 (26) In case of conflict between these standard conditions and any CFR 35; other condition(s) included in this permit, the other (b) Toxic pollutant effluent standards and pretreatment condition(s) shall govern.

standards pursuant to Section 307 of the Clean Water Act; and (27) The permittee shall comply with, in addition to the (c) Inspection, monitoring and entry pursuant to Section 308 requirements of the permit, all applicable provisions of 35 III.

of the Clean Water Act. Adm. Code, Subtitle C, Subtitle D, Subtitle E, and all applicable orders of the Board or any court with jurisdiction.

(28) The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of (Rev. 7-9-2010 bah) this permit is held invalid, the remaining provisions of this permit shall continue in full force and effect.