ML17244A709

NPDES Permit NY0000493.Stipulation Dtd 780612.Supporting Correspondence Encl

ML17244A709
Person / Time
Site:	Ginna
Issue date:	02/24/1975
From:	Scolnick M ENVIRONMENTAL PROTECTION AGENCY
To:
Shared Package
ML17244A708	List: ML17244A707 ML17244A709
References
NY-0000493, NY-493, NUDOCS 7907250362
Download: ML17244A709 (70)

Text

'I 4 .0 rf Page 'H'f PZ NY0000493 pages This permit and the authorization to discharge shall be bind-ing upon thv permit:ee and any successors in interest nf the per-mittee and shall expire at midnight on )@zch 30, 198'). The permittee shall not discharge after the above date of expiration.

In order to receive authorization tn discharge beyond the above date of expiration, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue hPDES permi s no la=er than 180 days prior to the above date of expiration.

By authority of Gerald M. Han!.ler P.E.

(Regional 'Administrator)

EEb 2a lS?5 (Date) (Si 'nature)

.Heyez Scolnick, Director Enforcement and Regional Counsel Division

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closure (l)

A tachment.

UNITED STATES ENVIRONMENTALPROTECTION AGENCY 26 Federal Plaza New York, New York 10007 n the Matter of National Pollutant Discharge Elimination ystem Permit for Gas and Electric Cot poration

'chester Docket No.: II-WP-75-58 ochester, New York Permit No. NY 000 0493 (Ginna Nuclear

[Power Plant)

STIPULATION Rochester Gas and Electric-,Corporation (hereinafter', "the permittee", and one of the "parties"), the United States Environmental Protection Agency (EPA), and the New York State Department of Environmental Conservation (NYSDEC) hereby agree and stipulate as follows with regard to the above-referenced administrative action:

(1) The permittee hereby withdraws its request for an Adjudicatory Hearing on all issues, subject to the conditions set forth below.

(2) The parties joined in this proceeding pursuant to 40 CFR 5125.36(d) hereby r

withdraw their requests to be parties to this proceeding, subject to the conditions set forth below.

(3) As to any issues raised by any of the parties to this proceeding relating to the thermal component of the discharge or the cooling water intake system(s) at the facility to which this stipulation relates, including the possible construction of cooling towers as part

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fa closed cycle cooling system, any of the parties to this proceeding shall have the right to renew and reinstate its request for, an Adjudicatory Hearing on such issue(s), with the same force and effect that request originally had, at such time as final determinations are made by EPA either on the permitteeb request for the imposition of alternative thermal limitations pursuant to 33 U.S.C. 5l326(a) or on the location, design, construction or capacity of cooling water intake structures pursuant to 33 U.S.C. 51326(b), which final determinations any of the parties may deem adverse to its interests.

(4) The National Pollutant Discharge Elimination System {NPDES) permit iwhich is the subject of this proceeding shall be modified as set forth herein:

IA. The parties to this stipulation agree that the provisions of Condition 2. of the

'I subject permit shall be implemented in accordance with the procedural requirements of

'40 C.F.R. Part 125, and that no modification of the permit shall be required to effect this

!right of the permittee.

1 iB. In Condition 9.a., the words "due to plant operation" shall be added after the word l

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"foam".

C. Condition 9.b.(l)(f) shall be modified to read as follows:

The concentration of Oil and Grease discharged from the retention tank shall not exceed a maximum of 20 mg/1 net.

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D. Condition 9.b.(2) shall be deleted.

Condition 10{a){2) shall be deleted.

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Condition 10(b) shall be modified to read as follows:

jz I'i By December 31, 1976 the permittee shall complete its ongoing,<<

studies of alternative measures for minimizing entrapment and/or fish mortality resulting from operation of the present intake structure. By December 1, 1977 the permittee will submit a report to EPA and NYSDEC which contains recommendations for future operation of the intake system based upon the results of those studies.

In the event the permittee does not recommend modification (either physical or operational) of the existing intake system, the permittee shall fully describe the alternative measures it considered and its reasons for not recommending adoption of any or all of those measures.

In the event the permittee recommends intake system modi-fications to reduce or eliminate entrapment and/or fish mortality, the report will contain a schedule for implementation of those proposed modifications. If approved by EPA and NYSDEC, the permittee will subsequently implement those modifications at its own expense and in accordance with the schedule set forth in the report.

In the event EPA and NYSDEC do not approve the recommen-dations set forth in the report submitted. by the permittee, EPA and NYSDEC may, after public notice and opportunity for an Adjudicatory Hearing as provided for in 40 C.F.R. Part 125, modify the permit to require such intake structure modifications as are authorized by law.

G. Condition 11, Schedule of Compliance, shall be deleted from this permit~ and all subsequent Conditions shall be appropriately renumbered.

. H. That por tion of the aste. isked footnote to newly renumbered Condition 11,.

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Monitoring and Recording, which precedes the semicolon shall be modified to read as i follows:

The flow of discharge 001 shall be calculated from the daily station log sheets by noting the operating mode of the circulating water pumps; Newly renumbered Condition 11.a.(2) shall be modified to read as follows:

Within 60 (SIXTY) days of fdate certain to be date of execution of this Stipulation) the permit tee shall provide to the Regional Administrator and the NYSDEC calculations indicating the intake

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velocity at the trash racks and traveling water screens. Such calcu-lations shall indicate velocity changes due to changes in water level and number of circulating water pumps operating.

J. In the four asterisk (*~**)footnote to newly renumbered Condition ll.a.(l) the f.'"st I

!sentence shall be modified to read as follows: "A grab sample shall be taken for Oil and I

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Grease once a month for two discharge occurrences from the retention tanks A new Condition ll.a.(3) shell be added to the permit, to read as follows:

Discharge 002 (Redundant service water discharge):

The duration, flow, and temperature shall be reported during each discharge occurrence. The flow may be calculated by utilization of the daily log sheets.

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L. Newly renumbered Condition ll(b) shall be modified to read as follows:

By August 30, 1976 the permittee shall submit to the Regional Administrator and to NYSDEC at its offices located in Avon and Albany, New York, a detailed biological monitoring program designed to determine the effects of facility operation (including impingement, entrainment, and the discharge of heated effluent(s)) upon the aquatic community in Lake Ontario. A final report on the monitoring program respect to impingement and entrainment shall be submitted on or 'ith before December 9, 1977 to the Regional Administrator and NYSDEC at its offices located in Avon and Albany, New York.

The permittee shall submit a 5316(a) demonstration supplement for the Ginna facility on or before March 31, 1977. The demonstration supplement shall provide additional data in accordance with an EpA letter dated September 9, 1976.

Upon review of the 5316(a) demonstration and of the final report with respect to impingement and entrainment, and other relevant information, additional conditions, corresponding compliance sched-ules, and additional monitoring requirements may be imposed in accordance with the procedural requirements of 40 C.F.R. 5125.36.

M. In the third paragraph of newly renumbered Condition ll(c) the following sentenc l

': shall be inserted prior to the last sentence: "Surveys shall not be performed for the months

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~ ~ ~ I of December, January, February, and March.". L~ addition, th datw in paragraphs 1, ", and 3 shall be changed to dates certain which shall be dates 3, 5, and 2 months, respectively, from the date of execution of this stipulation.

A fourth paragraph shall be added to newly renumbered Condition 11.(c), to read as follows:

By July 31, 1977 the permittee shall fQe for approval with NYSDEC at its offices located in Avon and Albany, New York, a report on chlorine use and chlorination practice. Approval shall be granted only for practices which minimize the impact of chlorine on water resources.

O. In newly renumbered Condition ll(d), the reference to Condition 12(h) in the net to last line shall be modified to read "Condition ll(h)F P. Newly renumbered Condition 12 shall be modified to read as follows:

Sludge Disposal. Sludges, collected debris, and other solids and precipitates separated from the permittee's discharges authorized by this permit and/or from intake and supply water at the trash racks shall be disposed of in accordance with State law and in such manner 's to prevent entry of such materials into navigable waters or their tributaries. Live fish, shellfish, and other organisms washed from traveling screens may be returned to their water body habitat,.

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('f C7 the permittee wishes to return fish, shellfish and other organisms to their water body habitat during periods of less than 10096 survivability and to return other collected screen washings to the water body, it shall submit to the Regional Administrator and to NYSDEC, no later than 3 (THREE) months from [date certain to be date of execution of this Stipulation], the following:

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(a) infor mation (e.g., description, number, and total weight of fish) on collected screen washings, including fish, shellfish, or other organisms; (b) information on the survivability of fish, shellfish, and other organisms, including assessment of potential interrela-tionships between survivability, time of year, and treatment of collected screen washings; (c) a proposal for the discharge of live and dead fish, sheHfish and other organisms during periods of low survivability, including the scientific and engineering bases therefor; and

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(d) proposal for the discharge of other collected screen washings, including the scientific and engineering bases there-for.

The determinations by the Regional Administrator and NYSDEC with respect to the permittee's method of sludge disposal shall be based on the above-referenced report(s).

During the period prior to the determinations by the Regional Administrator and NYSDEC, the permittee shall be allowed to dis-charge to the receiving water both live and dead fish, shellfish and other organisms, and other material collected from the traveling

'screens.

Determinations of the Regional Administrator and NYSDEC with respect to the report(s) and any modification of this permit based thereon shall be subject to all applicable procedures set forth at 40 C.F.R. Part 125.

Based on the report referenced below, the Regional Administra-tor and NYSDEC will determine level(s) of survivability (in terms of the percent of numbers, fish biomass, or othet appropriate units) and the corresponding periods of time during which the permittee shall be allowed to return live and dead fish, shellfish and other organisms to the water body.

Newly renumbered Condition 13 shall be modified to read as follows:

The permittee shall not discharge any waste water containing a substance, or characterized by a parameter, which was indicated as absent in its NPDES permit application, unless such substance or parameter is present in the intake water and was not added as a result of plant oper ation.

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",R. Newly renumbered Condition ll(h) shall become Condition 11(h)Q). A new Condition

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'll(h)(2) shall be added, to read as follows:

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By June 1, 1975 the permittee shall submit to the NYSDEC at its offices located in Avon and Albany, New York, a monthly report of daily operating data by the 25th of the month following:

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

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

c. Temperature of the intake and discharge shall be measured and .

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

(5) NYSDEC, by this stipulation, exercises its right to recertify the amended permit resulting from this stipulation, pursuant to 33 U.S.C. 9341 and regulations promulgated thereunder at 40 C.F.R. 5125.32(e)(8)(vi).

Following a final determination by EPA to amend any limitation as a result of EPA's evaluation of studies submitted to it by the permittee pursuant to Item 4.L. and Item 4.P. of this stipulation, NYSDEC may, pur suant to 40 C.F.R. 55125.15 and 125.22(b), exercise its right to certify that those limitations are consistent with State $ Uater Quality Standards I

.for a period of 30 (THIRTY) days from the date of their receipt of EPA's final I

indetermination. NYSDEC's failure to certify or deny certification within said 30 (THIRTY)

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!day period shall be deemed a waiver of such certification rights.

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I l(6) The final NPDES permits issued as a result of this stipulation shall have required I

Ichemical limitations and monitoring schedules modified in accordance with the revised permit pages, which are attached hereto and made a part hereof. Certain of the modifi-cations 'contained in the revised permit pages are based on new data submitted by the permittee in amendment to its original permit applications.

)(7) This stipulation and attendant modifications to the issued NPDES permit to which I

it'refers, as embodied in the attached modified permit pages, shall be in full force and

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effect from and after the execution of this stipulation by the Director, Enforcement Division, EPA Region II, who shall be the lest signatory to this stipulation.

(s) There are no parties to this stipulation other than the parties executing this stipu-lation.

Dated by the last signatory hereto:

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I I UNITED STATES ENVIRON MENTAI PROTECTION AGENCY By: Robert A. Emmett Office of Water Enforcement

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Rochester Gas and Electric Corporation B:. H. Amish Executive Vic President New York State Department of fig en '

<)8 Environmental Conservation By: lap H Gx General Counsel United States Environmental Protection eyer ~ nick Agency, Region II By:

Direc Enforcement Division Region II

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nclosure (2)

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ROCHESTER GAS AND ELECTRIC CORPORATION ~ 89 EAST AVENUE, ROCHESTER, N.Y. 14649 TELE>>>ONC AREA COOK 7IE 546 2700 April 1, 1977 Dr. Richard A. Bakex, Chief Status of Compliance Branch U. S. Environmental Protection Agency Region XI Room 908 26 Federal Plaza New York, New York 10077

Subject:

Ginna Nuclear Power Plant 316(a) Demonstration Supplement NPDES Permit No. NY 0000493 Fedezal Docket; No. XI-WP-75-58 File: 0278

Dear Dz. Baker:

Please find enclosed herewit:h the Rochestex'as and Electric Corporation supplement to the data and information submitted to

-your office 'on July 30, 1974 (as furthex supplemented on August 23, 1974) in support of a Section 316(a) application for the Ginna Nuclear Power Plant.,

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This document. has been prepared to resolve certain thermal contentions raised in our adjudicatory hearing requests for the above-referenced facility, subject to the reservation of RGaE's rights in connection with such contentions pending the outcome of your agency's review of this document and determinations re-lated thereto. This supplement was prepared in accozdance with guidelines provided by staff members of your agency. E As pointed out in the introductory matexial, we are expecting a "no act:ion" letter relative to the above-referenced facility containing an agreement on the part of Region XX to exercise discretion to refrain from enforcement of any thermal its'rosecutorial limitations pending completion of the decisionmaking related to the enclosed document.

The cooperation of your .agency with regard to the prepara-tion and submission of this supplement has been appreciated.

Xf'ou have any questions on this submission, please contact me or, in my absence, Wendel L. Knoll at 716-546-2700, extension 2561.

Very truly yours, Manager, Environmental Engineering (see page 2)

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ROCHESTER GAS AND ELECTRIC CORP. SHEET HO.

DATE April 1, 1977 To Dr. Richard A. Baker, Chief xc: Mr. Joel Golumbek EPA Region II Mr. Thomas E. Quinn DEC Albany Mr. Dennis J. Sugumele DEC Avon Region 8

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Enclosure (3)

STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTALCONSERVATION KSMKQK~@( ALBANY COMNISSIONCR James L. Biggane April 26, 1974

Dear l~lr. Koprowski:

he have reviewed your application of November 2, 1973, pursuant to Section 401 of the Federal Mater Pollution Control Act Amendments

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of 1972 (the "Act"). In your application, Rochester Gas and Electric Corporation (RGEC) requested certification pursuant to Section 401 of the Act for its R. E. Ginna Nuclear Power Plant Unit No. l. This certificate is required before the Atomic Energy Comnission can convert the present provisional operating license for Unit 1 to a full-term operating license, The R. E. Ginna Nuclear power plant Unit No. 1 is located on the shore of Lake Ontario in the Town of Ontario, Wayne County, New York.

Based upon the foregoing, and that public notice was duly given pursuant to Part 608.16 of the Official Compilation of Codes, Rules and ReyiLations of the State of New York, the Department of Environmental Conservation, (the "Department") hereby certifies that the applicant will comply with all applicable provisions of sections 301, 302, 306, and 307 of the Federal Water Pollution, Control Act Amendments of 1972, Public Law 92-500, provided that:

(1) There are no future changes in any of .the following that would result in non-compliance with sections 301, 302, 306, and 307 of Public Law 92-500:

The proposed construction and operation of the facility, (b) The characteristics of the waters into which discharges are made, (C) The water quality criteria applicable to such waters, or (D) Applicable effluent limitations or other requirements; (2) The applicable provisions of State law and regulation are complied with; and

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(3) Pursuant to Section 401(d) of the Act, the following effluent limitations and other limitations, and monitoring requirements, which shall become conditions on any federal license or permit for the heretofore described proposed activity of RGEC, are complied with:-

1. The present design and operation of the Ginna Unit /Il intake system has resulted in large fish kills. Therefore, the present design and/or operation of this system is unacceptable. RGEC must alter the present Unit Pl intake system and/or operation in a manner which must have the approval of the Department of Environmental Conservation. 'Tsy ouiy i, I975, RGEC must submit to the Department for approval, proposed intake system modifications and/or modes of operation which will significantly reduce or eliminate entrapment and/or fish mortality resulting from the present system as operated. A schedule for implementation of the proposed modifications,and/or modes of operation must also be submitted by RGEC to the Department by July 1, 1975. By January 1, 1976, the Department will approve the intake system design and implementation schedule submitted by RGEC and/or impose its own conditions for operation and implementation schedule. RGEC will subsequently implement this approved intake system or operating conditions at its own expense, and in a manner to assure compliance to the approved. implementation schedule.

it If, anytime before July 1, 1975, RGEC believes has accumulated information which can clearly demonstrate that the operation of the Ginna facility with the present intake system will not result in an unacceptable damage to aquatic biota, RGEC may submit such information to the Department of Environmental Conservation for its review. The Department of Environmental Conservation will take appropriate action to ascertain the extent of intake system modifi-cations following a review of this information.

2. L'4thin three (3) months of this date, the RGEC shall file for approval with the Department at its offices in Avon, N. Y., and in Albany, N. Y., a report on all water treatment, corrosion inhibitor, anti-fouling, slimicide, bio-cide and boiler'leaning chemicals or compounds. Such report shall identify each product by chemical formula and/or composition, annual consumption, frequency of use, maximum use per incident, effluent concentration, bioassay and toxicity limits and procedures for use. Approval shall only be granted for those circumstances and use which do not contravene New York State Water Quality Standards. No substitutions will be

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allowed without prior approval. 'Nastewaters containing chemicals and oil shall be collected and treated prior to dilution with non-contact cooling water in facilities which shall be approved by the Department.

3. Nithin two (2) months of this date, the RGEC shall file for ap-proval with the Department at its offices in Avon, N.Y., and in Albany, N.Y., a report on chlorine use and chlorination practice.

Approval shall only be granted for practices which minimize the impact of chlorine on water resources and shall provide, as possible, there shall not be simultaneous chlorination of separable portions in a single unit or of more than one (1) unit in a multi-unit 'complex.

A maximum eHluent concentration of 0.5 mg/1 residual chlorine is imposed upon any discharge.

4. Nit}iin three (3) months of this date, the RGEC shall file for approval with the Department at its oHices in Avon, N.Y., and in .

Albany, N.Y., a report containing a tabulation of all fish impinge-ment data collected to date. Previously submitted reports need not

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be duplicated, but data location must be completely identified.

Reported data shall specify cooling water flow, dates, times, available operating and meteorological conditions, and species, numbers and other available biological information.

5. Within five (5) months of this date, the RGEC shall file for approval with the Department at its oHices in Avon, N.Y., and in Albany, N.Y., a report containing a tabulation of all entrainment, data collected to date. Previously submitted reports need not be duplicated, but data location must be. completely identified.

Reported data shall specify cooling water flow, dates, times, available operating and meteorological conditions, and species, numbers and other available biological information.

6. Within four (4) months of this date, the RGEC shall file for approval with the Department at its oHices in Avon, N.Y., and in Albany, N.Y., a detailed biological monitoring program designed, to determine effects of facility operation on aquatic organisms.

As a result of such monitoring program, as determined necessary by the Department, .the RGEC shallimplement appropriate methods and procedures to reduce .to the Eullest extent possible the effects of facility operation en-aquatic organisms. Segments of such moni-toring program shall be implemented as approved by the Department.

A summary'rogress report shall be submitted two (2) months following implementation- of the first segment and every two (2) months thereafter. An annual report shall be submitted by February 1S of each year. Additional reporting requirements may be imposed for certain segments of the program as necessary.

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7. Starting two (2) months from this date, the RGEC shall submit to the Department at its offices in Avon, N.Y., and in Albany, N.Y.,

a monthly report of daily operating data by the 15th of the month folloÃ1ng:

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

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

c. Temperature of the intake and discharge shall be measured and recorded continuously. Daily minimum, maximum, and average intake and discharge temperatures shall be logged.

8. 1i'ithin two (2) months of this date, the RGEC shall file for approval with the Department at its offices in Avon, N.Y., and in Albany, N.Y., a report for monthly tri-axial isothermal measurements, in the waters receiving the discharge. The program will be implemented within four (4) months of this date, and provide for temperature measurements in increments of 1'F dam to a level of 1'F temperature

- excess above addition of heat of artificial origin. Such report shall be due the 20th of the month following that in which the survey was conducted.

9. The RGEC shall file with the Department at its offices in Avon, N.Y., and in Albany, N.Y., concurrent with filing with the U.S.

Environmental Protection Agency, copies of any applications, reports and supporting data filed pursuant to Sections 316(a) and 316(b) of the Federal lfater Pollution Control Act.Amendments of 1972.

10. Should any limitation or condition of this certification or any permit issued require construction in or on waters of the state or the banks or bed thereof, such construction and associated excavation, fill or disturbance shall require prior approval of the Department under stream protection regulations.

ll. Oil and floatin substances No residue attributable to sewage, industrial wastes or other wastes nor visible oil film nor globules of grease.

12. Taste and odor- roducin substances, toxic wastes and deleterious s stances None in amounts that will be injurious to fishlife or which in any manner shall adversely affect the flavor, color or odor thereof,

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-S-or impair the waters for any best usage as deteanined for the specific waters which are assigned to each class.

13. Thermal dischar es No discharge which will be injurious to fishlife or make the waters unsafe or unsuitable for any best usage determined for the specific waters which are assigned to each class.

14. Sus ended, colloidal or settleable solids Vga'rom sewage, industrial wastes or other wastes which will cause deposition or be deleterious for any best usage determined for the specific waters which are assigned to each class.

15. A copy of any other reports for R. E. Ginna Unit No. 1 pertaining to the environment which RGEC submits to any federal, state or local agency, shall also be submitted to the department.

16. This certification with conditions shall not be deemed to modify, extend, or affect in any manner any order of the Commissioner of Environmental Conservation against Rochester Gas and Electric Corporation; does not constitute a condonation of any violation of any order or release, compromise, or waiver of any rights or any course of action which the Commissioner of Environmental Conservation has or may have against RGEC because of any violation of any order; and does not preclude compliance of the discharge from R. E. Ginna Unit No. 1 with any permit with respect to such discharge which may be hereafter issued by the Commissioner.

This certification with conditions is issued with the full under-standing and acknowledgement by RGEC that the State of New York, in cooperation with the U.S. Environmental Protection Agency, is in the process of promulgating revised thermal criteria in order to bring such criteria into conformity with the Act.

This certification with conditions is issued solely for the purpose of Section 401 of the Act.

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~ \ e A copy of this certification with conditions is being forwarded to the Director of Regulations, U.S. Atomic Energy Comimission, and the Regional Administrator of the Environmental Protection Agency.

Sincerely, Commissi her. Robert R: Koprowski Vice President Rochester Gas and Electric Corporation 89 East Avenue Rochester, New Xork 14604

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ROCHESTER GAS AhiD EIECTRIC COR9ORATIOiV ~

89 EAST AVENUE, ROCHESTER, N.Y. I d6d9 fD +,t a~r. ~ o c 's 5 '6.2700 November 30, 1977 Dr. Richard A. Baker, Chief Status of Compliance Branch U.S. Environmental Protection Agency Region ZI Room 908 26 Federal Plaza New York, New York 10077

Subject:

Ginna Station NPDES Permit: Ho. NY 000 0493 Federal Docket. Ho. XX-ETP-75-58 Stipulated Permit Condition 10(b)

Xntake System Report Submittal

Dear Hr. Baker:

'f'lease-find Corporation (RGGE) enclosed herewith the Rochester Gas and submittal of i"s report entitled "Recommendations Flectric

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. ~ .s on the Future Operation of the R.E. Ginna intake System Nith Respect to Entrapment and/or Fish Mortality".

.This report has been prepared in accordance with Condition 10(b) of RG&E's NPDES Permit Ho. HY 000 0493 which has been modified pursuant t;o proposed stipulations. This report is the culmination of four years of both field and laboratory study initiated in 1973, designed to assess the entrapment and/or fish mortality situation at RGGE's Ginna Nuclear Power Station.

lf you have any questions on this submission, please contact me, or in my absence, Paul N. Sawyko at 716-546-2700, extension. 2325.

Very truly yours, Roger N. Kober Manager, Environmental Engineering Enclosure RNK:ss xc: l1r. Joe'olumbek EPA, Region XX

~lr. Thomas E. Quinn DEC, Albany Nr. Dennis J. Sugumele DEC, Avon, Region 8

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Enclosure (1)

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... Permit No.: NY0000493 I Name of Permitt~ e: Rochester Gas and

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~ Electric Cor orationMinna Nuclear Power Plant Ef f uct i~ e Date '. March 31, 1975 Expiration Datv ".March 30, 1980 NATIONAL POLLUTANT DISCHARGE ELLMINATION SYSTDI PEPJIIT DISCHARGE PERMIT In reference lo th>> above application for n permit authorizing the discharge .of pollut.ants in complain>>cu with thi provisi<ins of the Fed<<ral Water I'ol lution Control Act, us nmvndvd by the Federal Water Pollution Control Act Amendments of 1972, P.I..92-500, October 18, l972 (33 V.S.C. 51251-1376) (hereinafter referred to as "the Act" 'ochester Gas and Electric Corporation, 89 East Avenue, Rochester, New York 14649 is authorized by the Regional Administrator, R>>gion II, U. S.

Environmental Protection Agency to discharge from v located at 2640 Lake Road io New York to Lake Ontario in accordance with the fol1owing conditions.

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NY0000493 / g:

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l. All discharges authorized herein shall be consistent with the terms and conditions of this permit; facility expansions, pro-duction increases or process modifications which result in new or increased discharges of pollutants must be reported by submission of a new NPDES application, unless !such new or increased discharge does not violate the effluent limitations specified in this per-in which case they must be reported by submission to the Regional Administrator of notice of such new or increased discharges of pollutants; the discharge of any pollutant more frequently than or at a level in excess of that identified and authorized by this permit shall constitute a violation of the terms and conditions of this permit.

2. After notice and opportunity for z public hearing, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following:

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

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

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

3. Notwithstanding Condition 2 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307 (a) of the Act for a toxic pollutant which is present in the discharge authorized herein and such standard or prohibition is more stringent than any limitation upon such pollu-tant in this permit, the Regional Administrator sha11 revise or modify this permit in accordance with the toxic effluent standard or prohibition and so notify the permittee.

4. The permittee shall allow the Regional Administrator or his authorized representative and/or the authorized representative of the State water pollution control agency, in the case of non-Federal facilities, upon the presentation of his credentials:

a. To enter upon the permittee's premises in which an effluent source is located or in which any records are required to .be kept under the terms and conditions of this permit;

b. To have access to and copy at reasonable times any records required to be kept under the terms and conditions of this permit;

c. To inspect at reasonable times any monitoring equip-ment or monitoring method required by this permit;

d. To sample at reasonable times any discharge of pollutants.

HY0000493 g p Page 3 of~ pages The perm ttee shall et all times maintain in good working order and operate as efficiently as possible any facilities or systems of treatment or control installed or utilized by the per-mittee to achieve compliance with the terms and conditions permit. of'his

6. The issuance of thi.s permit does not convey any property rights either in real estate or material, or any exclusive privi-leges, nor does it authorize any in)ury to private property or any invasion of rights, nor any infringement of Federal, State or local laws or regulations; nor does it obviate the necessity of obtaining State or local assent required by law for the discharge authorized.

7. This permit does not authorize or approve the construc-tion of any onshore or offshore physical strurtures or facilities or the undertaking of any work in any navigable waters.

8. The specific effluent limitations and other pollution controls applicable to the discharge permitted herein are set forth in the follcwing conditions. The following conditions also set forth self-moritoring and reporting requirements. Unless otherwise specified, the permittee .shal] submi t duplicate orig-inal copies of a11 reports to the head of the irate water po) lu-tion control agency and the Regional Administrator. Except for data determined tc be confidential under Section 308 of the Act, all such reports shall be available for public inspection at the office of the Regional Administrator. Knowingly making anv false statem nt on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act.

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NY0000493 Page 4 of lgpages

9. General Limitations

a. Except as specifically authorized in this permit, the permittee shall not discharge floating solids or visible foam, due to plant opera

'tion in other than trace amounts.

b. Initial Limitations-Unless specified otherwise in Conditions 10

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and 11, the following conditions apply on the effective date of this permit and last for the duration of the permit.

. (1) 2 e permittee shall discharge.effluents from discharge serial -.

number 001 such that the following conditions are satisfied:

Discharge Ef fluent Serial No. Limit 001 (a) The discharge ter perature shall not exceed 39'C(102'7).

(b) Tne discharge-intake temperature difference shall not exceed 15.5'C(28'F).

(c) The net rate of addition of heat *ato the receiving water shall no t exceed 1. 01 Billion'-.Kilocalories per hour (4.0 Billion BTU!hour).

(d) . Free available chlorine shall not exceed 0.5 mg/1 and shall not exceed a maximum value of 45 4 F

kg/day(100 lbs/day),

(e) The pH shall not be less than 6.0 nor greater than 9.0 at any time.*

(f) The concentration of Oil and Grease discharged from the retention tank shall not exceed a maximum of 20 mg/1 net.

• The pH of the effluent shall not exceed 9.0 unless the pH of the intake water exceeds this value; in this case the pH of the effluent shall not exceed the pH of the intake water by more than 0.2 pH units.

+* as determined by the product of the heat capacity, discharge flow and discharge-intake temperature difference.

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NY 400 0493 Pape 5 of 18 pages 1

(a} cq i d 7 il i t.. t io..s . Du".ing the pc.r od beginn 'g on, July 1, 5

1o77 and lasting until the dare of expir~".ion of this permit, discharges hall co...ply with the following conditions and shall not e~xceed the values listed below for those parameters indicated:

(1)

The water temperature at the surface of a lake shall xjot be raised more than 3 Fahrenheit degrees over the temperature ~that existed before the addition of heat of artificial origin.

In lakes subject to stratification as defined in Part 652"i thermal discharges that will raise the temperature of the receiving waters shall be confined to the epilimnion.

In lakes subject to stratification as defined in Part 652+>

discharges which will lower the temperature of the receiving watez's shall be discharged to the hypolimnion, and shall meet the water quality standards contained in Parts 708 and 702 in all respects.

In order to assure the protection and propagation of a balanced indigenous population of shellfish, fish and wildlife, thermal 1 mitations based upon load allocations and other factors may be imposed and/or appropriate mixing zone 'dimensions may be define (if not already done so ) in accordance with the procedural require-ments of Condition 2.

Thermal Dischar es No discharge which will be injurious to fishlife or make the water or unsui'table for any best usage determined for the specific waters unsafe which are assigned to each class.

These "Parts" are in Title 6, Official Compilation of Codes, Rules, and Regulations of New York State.

'd f oil and floating substances attributable to sewage, industrial wastes or other wastes nor visible oil film nor globu es o grease.

(3) No taste and odor-producing substances, toxic o c ~astes was and deleterious substances in amounts th t a t will be injurious to fishlife or which in any manner* shall adversely affect the flavor, color or odor therefor.

(4) No suspended, d d co 11 o idal orr settleable solids from sewage, industrial wastes or other wastes wh'ic w ill cause deposition or be de1eterious for any best usage d etermine for the specific waters which are assigned to

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each olass.

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Page 6 of 18 pages NY0000493 (b) By December 31, 1976 the permittee shall complete its ongoing studies of alternative measures for minimizing entrapment and/or fish mortality resulting from operation of the present intake structure. By December 1, 1977 the permittee will submit a report to EPA and NYSDEC which contains recommendations for future operation of the intake system based upon the results of those studies.

In the event the permittee does not recommend modification (either physical or operational) of the existing intake system, the permittee shall fully describe the alternative measures it considered and its rea-sons for not recommending adoption of any or all of those measures.

In the event the permittee recommends intake system modifications to reduce or eliminate entrapment and/or fish mortality, the report will contain a schedule for implementation of those proposed modifications.

If approved by EPA and hYSDEC, the permittee will subsequently implement those modifications at its own expense and in accordance with the schedule set forth in the report.

In the event EPA and NYSDEC do not approve the recommendations set forth in the report submitted by the permittee, EPA and hYSDEC may, after public notice and opportunity for an Adjudicatory Hearing as provided for in 40 C.F.R. Part 125, modify the permit to require such intake structure C* modifications as are authorized by law.

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Page 7 of 18 pages

11. Monitorinr, and Recordin . The permittee shall monitor and record the quantitative values of ea'ch discharge according to the following schedules and other provisions: For each discharge and for each Sampling Schedule listed below, the flow (in gallons per day) shall be measured.* Hhere net values are listed in Condition 9(b) and/or 10 the surface water intake is to be sampled with the same frequency and type of sample as specified below for each required parameter.

a. Sampling Schedule for Discharge Serial No. 001:"<*~

Minimum Freq.

Parameter of Anal sis Sam le T e Discharge temperature Continuous Intake temperature Continuous pH Twice Heekly Grab*>>

Free available chlorine Series of Grabs only during chlorination periods Oil and Grease"*** Monthly Grab>'<~

Hithin 60:(SIXTY) days'f June shall provide

'2) 12, 1978 the permittee to the Regional Administrator and the NYSDEC calculations indicating the intake velocity at the trash racks and traveling water screens. Such calculation shall indicate velocity changes due to changes in water level and number of circulating water pumps operating.

The flow of di. charge 001 shall be calculated from the daily station log sheets by noting the operating mode of circulating water pumps; for. i.ntermittent discharges, flow shall be measured and recorded at a frequency coinciding with the most frequently sampled parameter.

Methods, equipment, installation and procedures shall conform to tho .e prescr;ibcd in the Hater Measurement Manual, U.S. Department of the Interior, Bureau of Reclamation, Hashington, D.C., 1967.

Grab samples only shall be taken for analysis of dis olved oxygen, oil and grease, p1l and any bacteriological analysis. Care shall be exercised when collecting a composite sample such that the proper preservative is present in the sample container during sample collection. Dependi.ng on the analysis to be conducted, several different containers and preservation techniques may be required.

Samples shall be analyzed as quickly as possible after collection and in no case shall the maximum holding time exceed that contained in the references cited in Condition 12(g).

This schedule shall commence on July 1, 1975 and last for the duration of the permit.

A grab sample shall be taken for Oil and Grease once a month for two discharge occurrences from the retent'ion tank. The grab sample shall be taken within the first half-hour of commencement of subject dis-charge. This monitoring requirement is in addition to the monthly gr>> sample required'for Discharge Serial No. 001.

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Page 8 of 18 pages NY0000493 (3) Discharge 002 (Redundant Service Vater Discharge):

.The duration, flow, and temperature shall be reported during each discharge occurrence. The flow may be calculated by utilization of the daily log sheets.

b. Biological Monitoring By August 30, 1976 the permittee shall submit to the Regional Admin-istrator and to NYSDEC at its offices located in Avon and Albany, New York, a detailed biological monitoring program designed to determine the effects

'of facility operation (including, impingement, entrainment, and the discharge of heated effluent(s)) upon the aquatic community in Lake Ontario. A final report on the monitoring program with respect to impingement and entrainment shall be submitted on or before DecemSer 9, 1977 to the Regional Administrator and NYSDEC at its offices located in Avon and Albany, New York.

The permittee shall submi.t a %316(a) demonstration supplement for the Ginna facility on or before March 31, 1977. The demonstration supplement shall provide additional data in accordance with an EPA letter dated September 9, 1976.

Upon review of the 5316(a} demonstration and of the final report with.

respect to impingement and entrainment, and other relevant information, "additional conditions, corresponding compliance schedules, and additional monitoring requirements may be imposed in accordance with. the procedural requirements of 40 C.P.R. %125.36.

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By September 12, 1

t'e 78 company shall submit to the Regional Administrator and ÃYSDEC at'ts offices in Avon and Albany a report containing a tabulation of all fish impingement data collected to date. Previously submitted reports need not be duplicated, but data location must be completely identified.

Reported data shall specify cooling water flow, dates, times, available operating and meteorological conditions, and species, numbers and other available biological information.

By NOYember 12, 1978 the company shall submit to the Regional Administrator and NYSDEC at its offices in Avon and in Albany a report containing a tabulation of all entrainment data collected to date. Previously submitted reports need not be duplicated, but data location must be completely identified. Reported data shall specify cooling ~ater flow, dates, times, available operating and meteorological conditions, and species, numbers and other available biological information.

'y . "Q" ~2~ ~97%he permittee shall file for approval with the Regional Administrator and NYSDEC at its offices in Avon, N. Y., a'nd in Albany, N. Y., a report for monthly tri-axial isothermal measurements in the waters receiving the discharge.

The program will be implement'ed within four (4) months of the above date, and provide for temperature measurements in increments of 1'F down to level of 1'F temperature excess above addition of heat of artificial origin. Surveys shall not be performed for the months of December, January, February, and March. Such report shall be due the 20th of the month following that in which the survey was conducted.

By November 11, 1977 the permittee shall file for aDDroval with NYSDEC at its offices located & Avon and Albany, New'orL, a report on chlorine use and chlorination practice. Approval shall be granted only for practices which minimize the impact of chlorine on water resources.

l' I Page of 18 pages NY 0000493 d.. Modifications to Sam lin Schedules The permittee may submit for approval an alternate schedule(s) to account for any realignment of discharges, for substitutions of parameters to be samplczl, for analytical and sampling methods to be utilized, for realignment of sampling locations so that concentrations to be measured are within reliable sensitivity ranges of the analytical techniques, and for the compositing by volume of individual discharge samples to make a single plant sample. Vith regard to substituting parameters such as TOC or COD for BOD, the permittee shall provide test data to support the correlation between the parameters.

If the permittee monitors any pollutant more frequently than is required by this permit, he shall include the results of such monitoring in the calculation and reporting of the values required in the Discharge Monitoring Report Form (EPA Form 3320-1 (10-72)) in Condition- 11(h), Such increased frequency shall be indicated on the Discharge Monitoring Report Form.

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sage ef 22 pages

• recording, and reporting the required data on effluent quality

'"'"'"'aining, and quantity, so that the precision and accuracy of the data will be equal to or better than that achieved by the prescribed standard ana-lytical procedures.,

The permittee shall calibrate and perform maintenance pro-cedures on all monitoring and analytical instrumentation at sufficiently frequent intervals to ensure accuracy of measurements.

Sampling shall be representative of the volume and quality of effluent discharged over the sampling and reporting period.

The permittee is responsible for assuring that the method-,

ology used is reliable for their specific wastes in their laboratory.

The permittee must be able to demonstrate to the Regional Administra-tor that they have a viable quality control program.

(f), Recordinc - The permittee shall maintain and record the results of all required analyses and measurements and shall record, for all samples, the date and time of sampling, the sample method used, the dates analy es were performed, who performed the sampling and analyses, and the results of such analyses.

.All records shall be retained for a minimum of 3 years, such a period to be extended during the course of any unresolved litigation or when so requested by the Regional Adminis-trator. The permittee also shall retain all original stripchart recordings from any continuous monitoring instrumentation and any calibration and maintenance records for a minimum of 3 years, such period to be extended during the course of any unresolved litigation or when so requested by the Regional Administrator.

The permittee shall provide the above records and shall demonstrate the adequacy of the flow measuring and sampling methods upon request of the Regional Administrator. The permittee shall identify the effluent sampling point used for each discharge pipe by providing a sketch or flow diagram, as appropriate, showing

'the locations.

(g) Shm lin and Anal si All sampling and analytical methods used to meet the monitoring requirements specified above shall con-form to guidelines establishing test procedures for the analysis of pollutants, published pursuant to Section 304(g) of the Federal Vater pollution Control Act, as amended. If the Section 304(g) guidelines do not specify test procedures for any pollutants required to be monitored by this permit and until such guidelines are promulgated, sampling and analytical methods used to meet the monitoring require-ments specified in this permit shall, unless otherwise specified by the

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Page 12 of P uages NY0000493 Regional Administrator, conf'orth'o the latest eilition of the following references:

Standard H 'thods for the Examination of later and lJastcwaters, 13rh Edition, 1971 American Public Health Association, New York, Y w York 10019.

A.S.T.H. Standards, Part 23, lsater; Atmospheric Analysis, 1972, American Society for Tes ing "nd Haterials, Philadelphia, Pennsy)vania 19103.

g..O. Hethods for Chemical Anal"sis of t!ater and April 1971, Enuiron.-..total Protection Agency, a'aatea, Vater Quality Office, Analytical Quality Control Laboratory, NERC, 1014 Broadway, Cincinnati, Ohio 145 268.

{h> g)~Racer tin 't r The results of the "bove monitoring rcquire-...ants shall be reported by the permittee in the units specified in C>>di tions 9(b). and 10. A report or a written statement slIall be t submitted oven if no discharge occurred during the reporting period.: A report shall also be submitted if there have been any modifications in the waste collection, treatment, and disposal facilities, chant es in operations procedures, or other sionificant activities which alter the quality and quantity of the di charges

'or otherwise concern these Conditions. Permanent elimination of a discharge shall be pronptly reported by th permittee in writing-to'the R gional Administrator.

The permittee shall include in this report any pre-viously approved non-standard analytical methods used. Copies '

report shall be sent to botW the Regional Administrator and oT'he the State Agency on the 925th of each month reporting the monitoring data'from th previous month. A Discharge Honitoring R port form Form 3320-1 (10-72)] shall be used for reporting. 'EPA 0)(2) to the NYSDEC at its By June 1, 1975 the permittee shall submit offices located in Avon and Albany, New York, a monthly report of daily operating data by the 25th of the month following:

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

b. Daily minimum, maximum and average ~ater use shall be directly a~

indirectly measured or calculated and logged.

Temperature of the intake and discharge shall be measured and recorded

, c. intake and discharge continuously. Daily minimum; maximum and average temperatures shall be logged.

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12. Slud e Dis osal. Sludges, collected debris, and other solids and precipitates separated from the permittee's discharges authorized by and/or from intake and supply water at the trash racks shall be dis-this"'ermit posed of in accordance with State law and in such manner as to prevent entry of such materials into navigable watersor their tributaries. Live fish, shellfish, and other organisms washed from traveling screens may be returned to their water body habitat.

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I'f the permittee wishes to return fish, shellfish and other organisms to their water body habitat during periods of less than 100% survivability*,

and to return other collected screen washings to the ~ater body, it shall submit to the Regional Administrator and to NYSDEC, no later than 3 (THREE) months from June 12, 1978 the following:

(a) information (e.g., description, number, and total weight of fish) on collected screen washings, including fish, shell-fish, or other organisms; (b) information on the survivability of fish, shellfish, and other organisms, including assessment of potential interrelation-ships between survivability, time of year, and treatment of col-lected screen washings;

'(c) a proposal for the discharge of, live and dead fish, shell-fish and other organisms during periods of low survivability, including the scientific and engineering bases therefor; and (d) a proposal for the discharge of other collected screen washings, including the scientific and engineering bases therefor.

The determinations by the Regional Administrator and NYSDEC with respect to the permittee's method of sludge disposal shall be based on the above-referenced report(s).

During the period prior to the determinations by the Regional Administrator and NYSDEC, the permittee shall be allowed to discharge to the receiving water both live and dead fish, shellfish and other organisms, and other material collected from the traveling screens.

• Based on the report referenced below, the Regional Administrator and NYSDEC will determine level(s) of survivability (in terms of the percent of numbers, fish biomass, or other appropriate units) and the corresponding periods of time during which the permittee shall be allowed to return live and dead fish, shellfish and other organisms to the water body.

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e Page 14 of 1Q pages NY 0000493 Determinations of the Regional Administrator and HYSDEC with respect to the report(s) and any modification of this permit based thereon shall be subject to all applicable procedures set forth at 40 C.P.R. Part 125.

13. Dischar e Containin Parameter Not Previousl Re orted. The per-mittee shall not discharge any waste water containing a substance, or characterized by a parameter, which was indicated as absent in its NPDES permit application, unless such substance or parameter is present in the intake water and was not added as a result of plant operation.

14. Non-Com liance with Conditions. In the event the permittee is unable to comply with any of these conditions, due, among other reasons, to:

(1) Breakdown of ~aste treatment equipment, (biological and physical-chemical systems including, but not limited to, all pipes, transfer pumps, compressors, collection ponds or tanks for the segregation of treated

. or untreated wastes, ion exchange columns, or carbon absorption units);

(2) Accidents caused by human error or negligence; or (3) Other causes, such as acts of nature.

The permittee shall notify the Regional Administrator and the State Agency immediately by telephone and in writing within five days. The written notification shall include the following pertinent information.'1)

Cause of non-compliance; (2) A description of the non-complying discharge including its impact upon the receiving waters; (3) Anticipated time the condition of non-compliance is expected to continue, or if such condition has been corrected, the duration of the period of non-compliance; (4) Steps taken by the permittee to reduce and eliminate the non-complying discharge; and (5) Steps to be taken by the permittee to prevent recurrence of the condition of non-compliance.

Permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from non-compliance with any effluent limitation specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the non-complying d ischarge.

Nothing in this permit shall be construed to relieve the permittee from appropriate civil or criminal penalties for non-compliance.

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15. 3 ass Provision. There shall be no bypass of the waste treat-ment facilities which would allow the entry of untreated ol partial]y treated wastes to the receiving waters.

16. Authorized Si nature for Re ortin Re uirements. All reports required to be submitted by a corporation must be signed by a principal executive officer of at least the level of vice president, or his duly authorized representative, if such representative is responsible for the operation of the facility from which the discharge described in 'verall the application form originates. In the case of a partnership or a sole proprietorship, all reports must be signed by a general partner or a sole proprietor, respectively. In the case of a municipal, State, Federal or other public facility, the application must be signed by either a principal executive officer, ranking elected official or other duly authorized employee.

17. Radioactive Substances. Limits and monitoring for radioactive substances contained in wastewater discharges may be imposed in the future.

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NY 000493 Def initions Re ional Administrator: Regional Administrator Region II Environmental Protection Agency 26 Federal Plaza New York, New York 10007

'Status of Compliance Branch State Certif xn A enc  : Mr.=Russell'Mt. Pleasant, P.E., Chief Bureau of Monitoring and Surveillance Division of Pure Water, New York State Department of Environmental Conservation 50 Wolf Road Albany, New York 1220l

~Pail each operating day.'pe kl every seventh day (the same day each meek) and a normal operating day.

~~nthl - ona day each month (the same day each month) and a normal operating day. (i.e..the 2nd Tuesday of each month) as specified herein, during a calendar. month divided by the number of days in the month that the production or commercial facility was operating. Where less than daily sampling is required by th's permit, the daily average dis-

'harge shall be determined by.,the sum=.ation of all the measured daily dis-charges in appropriate units as specified herein divided by the number of da.' curing the calendar month when the measurements were made.

Dai" v thximum - e the "highest discharge by weight or in other appropriat'e units as specified herein, during any calendar day.

bet the amount of a pollutant contained in the discharge measured in ap-propriate units as specified herein, less the amount of a pollutant contained in the sur.ace water body intake source, measured in the same units, over the sat:e period of time.

l. Tne intake source must be the same water bod) that is being dis-charged to.

2. In cases wher'e the surface ~ater body intake source is pretreated for the removal of pollutants, the intake level of a pollutant to be used in calculating the net, is that level contained after the pretreatment steps.

Co.-..sos'te a cur kino-tion of indi;idual (or continuous1y taken) samples oh-tain d et regular in'ervals over the entire discharge day. The volume oi eac!i::a'pie shall be proportional to the discharg flow rate. For a con-tinu.>>.s discharge, a minimum oi 2<< indivi"ual grab samples (at hourly inter-vals) shall, be collected and comb'ned to constitute a 24-hour co"posite s.".-~ e. For intermittent discharves of '4 - S hours duration, grab samples shall be taken at a -.."..'m of 30 minute intervals. For intermittent dis-charge of less than 'ours duration grab sa ples shall be taken at a minimum o'5 minute intervals.

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-e ~ of NY0000493 2 pages Gross the poundage contained in the discharge, Grab An individual sample collected in less than 15 minutes, NYSDEC New York State Department of Environmental Coneervatlon