SVP-14-013, National Pollutant Discharge Elimination System (NPDES) Permit No. IL0005037

National Pollutant Discharge Elimination System (NPDES) Permit No. IL0005037

ML14063A200
Person / Time
Site:	Quad Cities
Issue date:	02/26/2014
From:	Darin S Exelon Generation Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
SVP-14-013
Download: ML14063A200 (15)

Text

A Exeton Generation, SVP-14-013 February 26, 2014 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555 Quad Cities Nuclear Power Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-29 and DPR-30 NRC Docket Nos. 50-254 and 50-265

Subject:

National Pollutant Discharge Elimination System (NPDES)

Permit No. IL0005037 Pursuant to Appendix B, Section 2.2 (Reporting Related to the NPDES Permits and State Certifications) of the Renewed Facility Operating Licenses for Quad Cities Nuclear Power Station, enclosed is the current NPDES Permit for the Station. The Permit was recently reissued by the Illinois Environmental Protection Agency, with a modification date of January 31, 2014.

Should you have any questions concerning this letter, please contact Mr. Wally J. Beck at (309) 227-2800.

Respectfully, r.ott Darin Site Vice President Quad Cities Nuclear Power Station

Enclosure:

NPDES Permit No. IL0005037 cc: Regional Administrator - NRC Region III NRC Senior Resident Inspector - Quad Cities Nuclear Power Station

Enclosure NPDES Permit No. IL0005037

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 . (217)782-2829 W PAT QUINN, GOVERNOR LISA BONNETr, DIRECTOR 217/782-0610 January 31, 2014 Exelon Generation Company, LLC Quad Cities Generation Station 22710 206th Avenue North Cordova, Illinois 61242 Re: Exelon Generation Company, LLC - Quad Cities Generating Station NPDES Permit No. IL0005037 Modified Permit Gentlemen:

The Illinois Environmental Protection Agency has reviewed the request for modification of the above-referenced NPDES Permit and issued a public notice based on that request. The final decision of the Agency is to modify the Permit as follows:

The modification was to change internal outfall CO I to outfall 003.

Enclosed is a copy of the modified Permit. You have the right to appeal this modification to the Illinois Pollution Control Board within a 35 day period following the modification date shown on the first page of the permit.

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

Sinc Alan Keller, P.E._

Manager, Permit Section Division of Water Pollution Control SAK:LRL:051 10101.docx

Attachment:

Final Permit cc: Records Unit Compliance Assurance Section Rockford Region Iowa Department of Natural Resources USEPA - Region 5 43021-H. Moai St., Rockford, IL 61 103 i8l5 ,987-7760 9511 Hcirl.or St., Des Plasneb, IL 60016 (847)294-4000 595 S. State, Elgin, IL 60123 ý847)608-3131 5407 HI.Universit/ St., Arbor 113, Peoria, IL61614 (3091693-5/62 2125 S. First St., Champaiqn, 1L 61820 -217)278-5800 2309 W. Main St., Suite 116, ,arion,IL 62959 (616:993-7200 2009 M lo!St., CollWnsville, IL 62234 (616)346-5120 100 W. Rondolph, Su:t .11-30 , Chliago, IL 60601 i,312)8 14

-6026 PLEASE PRINT ON RECYCLEAPAPER

NPDES Permit No. IL0005037 Illinois Environmental Protection Agency Iowa Department of Natural Resources Division of Water Pollution Control NPDES Section 1021 North Grand Avenue East Henry A. Wallace Building Post Office Box 19276 900 East Grand Avenue Springfield, Illinois 62794-9276 Des Moines, Iowa 50319 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Modified (NPDES) Permit Expiration Date: August 31, 2015 Issue Date: August 26, 2010 Effective Date: September 1, 2010 Modification Date: January 31, 2014 Name and Address of Permittee: Facility Name and Address:

Exelon Generation Company, LLC Exelon Generation Company, LLC 4300 Winfield Road Quad Cities Generating Station Warrenville, Illinois 60555 22710 206th Avenue North Cordova, Illinois 61242 (Rock Island County)

Discharge Number and Name: Receiving Waters:

001/002 Open Cycle Diffusers Mississippi River B01 Wastewater Treatment System A02 Radwaste Treatment System Blowdown 003 Sanitary Waste Treatment Plant Mississippi River In compliance with the provisions of the Illinois Environmental Protection Act, Title 35 of Ill. Adm. Code, Subtitle C and/or Subtitle D, Chapter 1, the Iowa Code Section 455B.174 and rule 567-64.3 of the Iowa Administrative Code, 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 (IEPA) not later than 180 days prior to the expiration date.

Alan Keller, P.E. Steven Williams Manager, Permit Section Iowa Department of Natural Resources Division of Water Pollution Control NPDES Section Environmental Services Division SAK:LRL:051 10101 .docx

Page 2 Modification Date: January 31, 2014 NPDES Permit No. IL0005037 Effluent Limitations and Monitoring

1. From the modification 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 m/ll 30 DAY DAILY 30 DAY DAILY SAMPLE SAMPLE PARAMETER AVERAGE MAXIMUM AVERAGE MAXIMUM FREQUENCY TYPE Ouffall 001/002 - Open Cycle Diffusers*

(Average Flow = 1017.2 MGD)

The discharge consists of: Approximate Flow (MGD)

1. Main Condenser Cooling Water 972.4

2. House Service Water 44

3. Radwaste Treatment System Blowdown (Outfall A02) 0.055

4. Wastewater Treatment Plant (Outfall B01) 0.051

5. House Service Water Strainer Backwash 0.126

6. Intake Screen Backwash 0.508

7. Units 1 and 2 Oil/Water Separators (stormwater) Intermittent

8. Fish Culture Facilities Intermittent

9. Crib House Floor Drain Sump" 0.05 Flow (MGD) See Special Condition 1. Daily 24-Hour Total pH See Special Condition 2. 1/Month Grab Temperature*** See Special Condition 7. Daily Continuous Total Residual Chlorine / See Special Condition 4. 0.05 1/Month Grab Total Residual Oxidant Zinc (Total)**" Monitor Only 1/Quarter Grab

• - Outfall 001/002 consists two open cycle diffusers which are side by side and discharge equally into the Mississippi River. See Special Condition 5.

• • - This sub-waste stream is an alternative routing from Outfall B01. See Special Condition 17.

- Daily grab samples for Temperature are allowed when the Continuous Temperature Recorder is inoperable.

- Quarterly sampling for zinc shall only be done when using the zinc-phosphate corrosion inhibitor.

Page 3 Modification Date: January 31,2014 NPDES Permit No. IL0005037 Effluent Limitations and Monitoring

1. From the modification 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 B01 - Wastewater Treatment System*

(DMF = 0.155 MGD)

The discharge consists of:** Approximate Flow (MGD)

1. Crib House Floor Drain 0.050

2. Aux. Boiler Blowdown Seasonal

3. Roof and Floor Drains Intermittent

4. Portable Demineralizer Rinse Water Intermittent Flow (MGD) See Special Condition 1. 2/Month 24-Hour Total Total Suspended Solids 19 39 15 30 2/Month 8-Hour Composite Oil and Grease 19 26 15 20 1/Month Grab

• - Wastewater treatment system effluent is routed through an oil/water separator prior to discharge.

• • - The listed contributory waste stream all pass through an oil/water separator (Units 11/2 oil/water separator) prior to entering the wastewater treatment plant. The crib house floor drain sump water may be discharged directly to Outfalls 001/002 as an alternative route. See Special Condition 17.

Outfall A02 - Radwaste Treatment System Blowdown*

(Average Flow = 0.055 MGD)

The discharge consists of:

1. Laundry Wastewater

2. Floor Drains

3. Equipment Drains

4. Reactor Water

5. Filter Backwash from Reactor Cleanup

6. Filter Backwash from Condensate Demineralizers

7. Laboratory Wastewater

8. Groundwater Flow (MGD) See Special Condition 1. Daily 24-Hour Total Total Suspended Solids 15 30 1/Month Grab Oil and Grease 15 20 1/Month Grab Boron See Special Condition 16. Monitor Only 1/Discharge Grab Event**

• - The Permittee shall comply with the Nuclear Regulatory Commission, Title 10, regulations for discharge and monitoring of radioactive wastewater discharges. Wastewater is generally batch treated and recycled. Therefore the daily average discharge rate from Outfall A02 does not reflect influent flow rates.

• • - When discharging sodium pentaborate.

Page 4 Modification Date: January 31, 2014 NPDES Permit No. IL0005037 Effluent Limitations and Monitoring

1. From the modification 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 mq/I 30 DAY DAILY 30 DAY DAILY SAMPLE SAMPLE PARAMETER AVERAGE MAXIMUM AVERAGE MAXIMUM FREQUENCY TYPE Outfall 003 - Sanitary Waste Treatment Plant (DMF = 0.06 MGD)

Flow (MGD) See Special Conelition 1. 2/Month 24-Hour Total pH See Special Condition 2. 2/Month Grab Total Residual Chlorine See Special Condition 4 and 20. 0.05 1/Month Grab Fecal Coliform See Special Condition 13. 400/100ml 2/Month Grab BOD5 15 30 30 60 2/Month 24-Hour Composite Total Suspended Solids 15 30 30 60 2/Month 24-Hour Composite

Page 5 Modification Date: January 31, 2014 NPDES Permit No. IL0005037 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. 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 4. All samples for Total Residual Chlorine shall be analyzed by an applicable method contained in 40 CFR 136, equivalent in accuracy to low-level amperometric titration or other methods found in Standard Methods for Examination of Water and Wastewater, current edition. Any analytical variability of the method used shall be considered when determining the accuracy and precision of the results.

SPECIAL CONDITION 5. Compliance with discharge limitations for Outfall 001 shall be determined by representative sampling of Outfall 002. Due to the configuration of the discharge bay, which is immediately upstream of the two open cycle diffusers, the effluent from the discharge bay flows into the two open cycle diffuser pipes, which equally release the discharge into the Mississippi River.

SPECIAL CONDITION 6. Nothing in this permit affects or abrogates the responsibilities or commitments of the Permittee herein as set forth in the agreement entered into by the Permittee in the consolidated cases of Izaak Walton League of America, et. al. v. Schlesinger, No. 2208-71 and People of the State of Illinois, et. al. v. United States Atomic Energy Commission, No. 2208-71 (U.S. District Court, District of Columbia).

SPECIAL CONDITION 7. Discharge of wastewater from this facility must not alone or in combination with other sources cause the receiving stream toviolate the following thermal limitations at the edge of the mixing zone:

A. Maximum temperature rise above natural temperature must not exceed 50F.

B. Water temperature at representative locations in the main river shall not exceed the maximum limits in the following table during more than one (1) percent of the hours in the 12 month period ending with any month. Moreover, at no time shall the water temperature at such locations exceed the maximum limits in the following table by more than 3°F. (Main river temperatures are temperatures of those portions of the river essentially similar to and following the same thermal regime as the temperatures of the main flow of the river.)

Jan. Feb. Mar. Ap. May June July Au. Sept. Oct. Nov. Dec.

OF 45 45 57 68 78 85 86 86 85 75 65 52 C. The area of diffusion of an effluent in the receiving water is a mixing zone, and that mixing zone shall not extend:

i. Over more than 25 percent of the cross sectional area or volume of flow in the Mississippi River; ii. More than 26 acres of the Mississippi River The following data shall be collected and recorded:

1. Weekly determination of the river flow rate (daily when the river flows fall below 23,000 cfs).

2. Daily determination of the ambient river temperature (at or upstream of station intakes).

3. Daily recording of station discharge rate.

4. Daily continuous recording of the temperature of the station discharge.

5. Daily determination of station load.

6. As deemed necessary according to the above data, daily determination of the cross-sectional average temperature at the 500 foot downstream cross-section in the river.

Compliance with the thermal limitations of Special Condition 7 shall be demonstrated as follows:

1. When river flow is 21,000 cfs or greater and the ambient river temperature is 5 0F or more lower than the monthly limiting temperatures, the temperature monitoring curve 1 establishes that the permittee is in compliance for all power generation levels;

Page 6 Modification Date: January 31, 2014 NPDES Permit No. IL0005037 Special Conditions

2. When the river flow is less than 21,000 cfs and/or the ambient river temperature is within 50 F of the monthly limiting temperatures, the permittee shall demonstrate compliance using either:

a. Plant load, river flow, ambient river temperature, and the temperature monitoring curve, or

b. Field measurement 2 of the river cross-sectional average temperature taken 500 feet downstream of the diffusers.

In the event that compliance monitoring shows that the permittee has exceeded the monthly limiting temperature, the number of hours of such exceedance shall be reported on the permittee's Discharge Monitoring Report.

'The temperature monitoring curve identified as figure 2 in the December 2000 "Revised Temperature Monitoring Curve for Quad Cities Nuclear Generating Station".

2 When conditions such as ice formation render the Mississippi River inaccessible to marine activity, the Permittee may demonstrate compliance with the thermal limitations of Special Condition 7 by using the most recent field measurement data collected at a river flow equal to or less than the flow for which field measurement data cannot be collected. The most recent field measurement data shall be normalized to the power production level for the day when the river was inaccessible.

SPECIAL CONDITION 8. There shall be no discharge of polychlorinated biphenyl compounds from any discharge.

SPECIAL CONDITION 9. 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 10. Demonstration for the Quad Cities Nuclear Power Station in accordance with Section 316(a) and 316(b) of the Clean Water Act was approved by IEPA by letter dated July 28,1981 and by the Iowa Department of Environmental Quality (IDEQ) by letter dated May 18, 1981. Based on these conclusions the following actions by the permittee are required:

A. The permittee shall monitor fish impingement once per week, year round. Each year's data shall be tabulated and compared to historical fish impingement data for the same period with the results submitted to IEPA Compliance Assurance Section and Iowa Department of Natural Resources by July 28, each year.

Iowa Department of Natural Resources Attn. Fisheries Management Biologist Bellevue Research Station 24143 Highway 52 Bellevue, Iowa 52031 B. The permittee shall monitor water temperatures as described in Special Condition 7.

SPECIAL CONDITION 11. A permittee who wishes to establish the affirmative defense of upset as defined in 40 CFR 122.41(n) shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: An upset occurred and that the permittee can identify the cause(s) of the upset; the permitted facility was at the time being properly operated; the permittee submitted notice of the upset as required in standard condition 12 of this permit; and the permittee complied with any remedial measures required in standard condition 4 of this permit.

SPECIAL CONDITION 12. Discharge is allowed from the Unit 1 oil/water separator and the Unit 2 oil/water separator in accordance with the Spill Prevention Control and Countermeasure Plan (SPCC). If an applicable effluent standard or water quality related effluent limitation is promulgated under Section 301 and 302 of the Clean Water Act (CWA) and that effluent or water quality standard or limitation is more stringent than any effluent or water quality limitations in this permit, or controls a pollutant not limited in this NPDES Permit, the Agencies shall revise or modify the permit in accordance with the promulgated standard and shall notify the permittee.

SPECIAL CONDITION 13. The daily maximum fecal coliform count shall not exceed 400 per 100 ml.

SPECIAL CONDITION 14. 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.epa.state.il.us/water/edmr/index.html.

Page 7" Modification Date: January 31, 2014 NPDES Permit No. IL0005037 Special Conditions 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.

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 15. The Agency has determined that the effluent limitations in this permit constitute BAT/BCT for storm water which is treated in the existing treatment facilities for purposes of this permit reissuance, and no pollution prevention plan will be required for such storm water. In addition to the chemical specific monitoring required elsewhere in this permit, the permittee shall conduct an annual inspection of the facility site to identify areas contributing to a storm water discharge associated with industrial activity, and determine whether any facility modifications have occurred which result in previously-treated storm water discharges no longer receiving treatment. If any such discharges are identified the permittee shall request a modification of this permit within 30 days after the inspection. Records of the annual inspection shall be retained by the permittee for the term of this permit and be made available to the Agency on request.

SPECIAL CONDITION 16. The permittee shall monitor for boron during periods when Sodium Pentaborate is discharged as a result of tank testing and connection drainage from components in the radwaste treatment system. The effluent boron concentration in the subject discharge shall not cause the receiving stream to exceed the water quality standards in Section 302 of 35 Ill. Adm. Code, Chapter 1, Subtitle C. This permit may be modified to include effluent limitations or requirements which are consistent with applicable laws, regulations, or judicial orders. The Agency will public notice the permit modification.

SPECIAL CONDITION 17. Crib House Floor Drain Sump shall only be routed to the Outfall 001/002 Open Cycle Diffusers during periods when increased pump seal cooling water leakage is significant enough so as to overload the wastewater treatment plant. Alternate routing of this discharge shall not take place in lieu of proper maintenance and operation of the circulating pumps.

SPECIAL CONDITION 18. 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 Agencies, or if the permittee increases the feed rate or quantity of the additives used beyond what has been approved by the Agencies, the permittee shall request a modification of this permit in accordance with the Standard Condition - Attachment H.

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

SPECIAL CONDITION 19. 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 original design parameters, source waterbody flow information, or other information as necessary. The information submitted should be in accordance with the previously submitted information collection proposal received by the Agency on May 10, 2005.

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 Judgement 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 20. For a period of 12 months following the modification date of this Permit, Total Residual Chlorine must be monitored only at outfall 003.

A Total Residual Chlorine limit of 0.05 mg/I (Daily Maximum) for outfall 003 shall become effective 12 months from the modification date of this Permit.

Page 8 Modification Date: January 31, 2014 NPDES Permit No. IL0005037 Special Conditions The Permittee shall construct a dechlorination system or some alternative means of compliance in accordance with the following schedule:

1. Status Report 3 months from the modification date

2. Status Report 6 months from the modification date

3. Status Report 9 months from the modification date

4. Obtain Operation Level 12 months from the modification 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 9 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 Clean Water Act (formerly referred to as the Federal Water conditions of this permit. Any permit noncompliance 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 halt 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.

(5) Proper operation and maintenance. The permittee shall at 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 10 (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 (c) Records of monitoring information shall include: Agency as soon as possible 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 duly Monitoring Report (DMR).

Page 11 (2) If the permittee monitors any pollutant more required in paragraph (12)(q (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 (g) 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 logs, 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 12 fransferred 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 II1.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 ug/I); penalty not to exceed $25,000 per day of such violation. Any (2) Two hundred micrograms per liter (200 ug/l) 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 ug/l) 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/I) 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 conceming: 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.