ML17325A079

NPDES Permit Mi 0005827,issued to Indiana & Michigan Electric Co.Mod Authorizes Discharge of make-up Plant Prefilter Backwash Water to Lake Michigan

ML17325A079
Person / Time
Site:	Cook
Issue date:	04/02/1987
From:	Zugger P MICHIGAN, STATE OF
To:
Shared Package
ML17325A078	List: ML17325A077 ML17325A079
References
MI-0005827, MI-5827, NUDOCS 8705060258
Download: ML17325A079 (23)

Text

I PERMIT NO. MI0005827 MICHIGAN WATER RESOURCES COMMISSION AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1251 et seq; the "Act"), and the Michigan Water Resources Commission Act, as amended, (Act 245, Public Acts of 1929, as amended, the "Michigan Act"),

Indiana & Michigan Electric Company One Summit Square P.O. Box 60 Fort Wayne, Indiana 46801 is authorized to discharge from a facility located at Donald C. Cook Nuclear Plant Red Arrow Highway Bridgman, Michigan 49106 designated as IN & MI Electric-Cook Plant to the receiving water named Lake Michigan in accordance with effluent limitations, monitoring requirements and other conditions set forth in Parts I and II hereof.

This permit takes effect immediately upon the date of issuance. Any person who feels aggrieved by this permit may file a sworn petition with the Commission, setting forth the conditions of the permit which are being challenged and specifying the grounds for the challenge. The Commission may re5ect any petition filed more than 60 days after issuance as being untimely. Upon granting of a contested case to the applicant, the Commission shall review the permit to determine which contested term shall be stayed until the Commission takes its final action. All other conditions of the permit remain in full effect. If the contested condition is a modification of a previous permit condition and the Commission determines the contested condition shall be stayed, then such previous condition remains in effect until the Commission takes final action. During the course of any administrative proceeding brought by a person other than the applicant, the conditions of this permit will remain in effect, unless the Commission determines otherwise.

This permit and the author'zation to discharge shall expire at midnight Au ust 31, 1990. In order to receive authorization to discharge beyond the date of expiration, the permittee shall submit such information and forms as are required by the Michigan Water Resources Commission no later than 180 days prior to the date of expiration.

This permit is based on an application dated May 1979, as amended, and shall supersede any and all Orders of Determination, Stipulation, Final Orders of Determination, or NPDES permits previously adopted by the Michigan Water Resources Commission.

by the Michigan Water Resources Commission superseding NPDES Permit No. MI0005827, expiring October 31, 1979.

Paul D. Zugger

'P C~"'xecutive 'Secre tary 87050b0258 870429 PDR ADOCK 05000315 P PDR

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'Permit No. MI 0005827 2 of i2 PART I A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final Effluent Limitations - Outfalls 001, 002 & 003 (noncontact cooling water and low volume wastes)

During the period beginning on the effective date of this permit and lasting until permit expiration, the permittee is authorized to discharge a maximum of three billion two hundred ninety eight million five hundred eighty three thousand two hundred (3,298,583,200) gallons per day* of noncontact cooling water consisting of condenser cooling water and low volume wastes consisting of steam generator blowdown, heating boiler blowdown and filter backwash through outfalls 001, 002 and 003 to Lake Michigan. Such discharge shall be limited and monitored by the permittee as specified below:

Dischar e Limitations lbs/da Other Limitations Monitorin Re uirements Effluent Monthly Daily Monthly Daily Measurement Sample Characteristic ~Avera e Maximum ~Avera e Maximum Flow (MGD) Daily Report Total Daily Flow Temperature ('F) 3 instantaneous Intake Daily readings equally Discharge**, Daily spaced over a 24-hr period 9

Heat Addition (BTU/hr) 15.5 x 10 Daily Calculation Total Residual Chlorine (TRC)*** 0.1 mg/1 5 x weekly 3 grab samples equally spaced during discharge of chlorine Chlorine Discharge Time 30 min./day 5 x weekly Report discharge time Outfall Observation**** Daily Visual

• This flow is not to be considered as a limitation on either the quanity or rate over time of discharge.

• • The discharge, after mixing, shall not increase the temperature of Lake Michigan more than 3'F above the existing natural temperature or above the following monthly maximum temperatures:

JAN F EB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 45 45 45 55 60 70 80 80 80 65 60 50

• • "The permittee may use dechlorination techniques to achieve the applicable limitations using sodium thiosulfate or sodium sulfite or other dechlorinating agents approved by the Chief of the Surface Water Quality Division as dechlorination agents. The quanity of reagent used shall be limited to 1.5 times the stoichiometric amount needed for dechlorination of applied chlorine. The permittee shall report monthly the quanity of each dechlorination reagent used per day.

,4 Permit No. MI 0005827 Part I-A-1. (continued)

• • +*Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, oil film, floating solids'oams, settleable solids, or deposits) shall be reported immediately to the District Office of the Surface Water Quality Division followed with a written report within 5 days detailing the findings of the investigation and the steps taken to correct the condition.

a. The term noncontact cooling water shall mean water used for cooling which does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

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

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

d. Samples, measurements and/or observations taken in compliance with the monitoring requirements above shall be taken as follows: intake - in the intake forebay; discharge - in Unit 1 and Unit 2 discharge bays for Outfalls 001 and 002, respectively. The monitoring requirements specified above do not apply for Outfall 003 since this discharge will be regulated by Outfalls 001 and 002.

e. In the event the permittee shall require the discharge of water treatment additives in addition to any previously approved by the Chief of the Surface Water Quality Division, the permittee shall notify the Division Chief. Written approval from the Chief of the Surface Water Quality Division to discharge such additives at specified levels shall be obtained prior to discharge by the permittee. The permit will be modified in accordance with the requirements of Part II, Section B-4 if a constituent of the additive or additives requires limiting.

permit No. MI 0005827 ~ Page ~ ~ of

2. Final Effluent Limitations - Outfalls 00A and 008 (steam generator blowdown)

During the period beginning on the effective date of this permit and lasting until permit expiration, the permittee is authorized to discharge a maximum of eight hundred sixty:four thousand (864,000) gallons per day* of low volume wastes consisting of steam generator'lowdown from each of the internal outfalls ODA and 008 through outfalls 001, 002 and 003 to Lake Michigan. Such discharge shall be limited and monitored by the permittee as specified below:

Oischar e Limitations k /da lbs/da Other Limitations Monitorin Re ui rements Effluent Monthly Oai ly Monthly Oai ly Measurement Sample Characteristic A~vera e Maximum ~Avera e Maximum ~F ~T Flow (MGD) Per Occurrence Report total daily flow Total Suspended Solids (mg/1) 30 100 Weekly Grab Oil and Grease (mg/1)"" 15 Monthly Grab

• This flow is not to be considered as a limitation on either the quantity or rate over time of discharge.

• +After one year of monitoring for oil and grease, the'permittee may attempt to .demonstrate that further monitoring and limits for oil and grease for internal outfalls 00A and 008 are no longer necessary. Upon successful demonstration by the permittee, this monitoring may be deleted from this permit. Any submittals shall be to the Chief of the Surface Water guality Division.

'a. Samples, measurements and/or observations taken in compliance with the monitoring requirements above shall be taken on both outfalls OOA and 008 prior to mixing with noncontact cooling water in the intake forebay (see figure 1 on page 7 of 12).

b. In the event tne permittee shall require the discharge of water treatment additives, the permittee shall notify the Chief of the Surface Water guality Division. The permittee shall obtain written approval from the Chief of the Surface Water guality Division to discharge such add',tives at a specified level. The permit may be modified in accordance with the requirements of Part II, Section 8-4 requires limiting.

if a constituent of the additive or additives

Permit No. MI 0005827 Page 5 of 12 Final Effluent Limitations - Outfall OOC (heating boiler blowdown)

During the period beginning on the effective date of this permit and lasting until Permit exPiration,. the Permittee is authorized to discharge a maximum of nineteen thousand (19,000) gallons per day" of low volume wastes consisting of heating boiler blowdown from the internal outfall OOC through outfalls 001, 002 and 003 to Lake Michigan. Such discharge shall be limited and monitored by the permittee as specified below:

Dischar e Limitations Effluent Characteri Flow (MGD) s ti c k /da Montnly

~Avera e lbs/da Daily Maximum Other Limitations Monthly

~Avera e Daily Maximum F~

Monitorin Measurement Re Per Occurr ence uirements S amp 1 e

~Te Report total daily flow Total Suspended Solids (mg/1) 30 100 Per Occurrence** Grab Oil and Grease (mg/1)*** 15 Monthly Grab P

• This flow is not to be considered as: a limitation on either the quantity or rate over time of discharge.

• • Total Suspended Solids are to be monitored once per occurrence or weekly boiler is operated continuously for periods greater than if the heating one week.

~*After one year of monitoring for oil and grease, the permittee may attempt to demonstrate that further monitoring and limits for oil and grease for internal outfall OOC is no longer necessary. Upon successful demonstration by the permittee,. this monitoring may be deleted from this permit. Any submittals shall be to the Chief of the Surface Water equality Division.

a. Samples, measurements and/or observations taken in compliance with the monitoring requirements above shall be taken after the heating boilers and prior to the intake forebay (see figure 1 on Page 7 of 12).

b. In the event the permittee shall require the discharge of water treatment additives, the permittee shall notify the Chief of the Surface Water guality Division. The permittee shall obtain written approval from the Chief of the Surface Hater guality Division to discharge such addi tives ac a specified level. The permit may be modified in accordance with the requirements of Part II, Section 8-.4 requires limiting.

if a constituent of the additive or additives

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4. Final Effluent Limitations - Outfall OOF (filter backwash)

During the period beginning on the effective date of this permit and lasting until permit expiration, the permittee is authorized to discharge a maximum of five hundred eighty-three thousand two hundred (583,200) gallons per day* of low volume wastes consisting of filter backwash from internal outfall OOF through outfalls 001, 002, and 003 to Lake Michigan. Such discharge shall be limited and monitored by the permittee as specified below:

Dischar e Limitations k /da lbs/da Other Limitations Monitorin Re uirements Effluent Monthly Oai ly Monthly Oai ly Measurement Sample Characteristic A~vera e maximum ~Avera e Maximum ~Te Flow (MGD) Daily Report total daily flow Total Suspended Solids (mg/1) 30 100 Meekly Grab Oil and Grease (mg/1)** 15 Monthly Grab

• This flow is not to be considered as a limitation on either quantity or rate over time of discharge.

• • After one year of monitoring for oil and grease, the permittee may attempt to demonstrate that further monitoring and limits for oil and grease for internal OOF is no longer necessary. Upon successful demonstration by the permittee, this monitoring may be deleted from the permit. Any submittals shall 6e to the Chief of the Surface Water Quality Division.

a. Samples, measurements and observations taken in compliance with the monitoring requirements above shall be taken prior to mixing with noncontact cooling water in intake forebay (see figure 1 on page 7 of 12}.

b. In the event the permittee shall require the discharge of water treatment additives in addition to any previously approved by the Chief of the Surface Water Quality Division, the permittee shall notify the Division Chief. Hritten approval from the Chief of the Surface Water Quality Division to discharge such additives at specified levels shall be obtained prior to discharge 6y the permittee.

The permit will be modified in accordance with the requirements of Part II, Section 8-4 if a constituent of the additive or additives requires limiting.

150,000 lb/hr Mell No. I Visitor's Hain Ht. Boiler Center Potable and San)tax Mater 51,000 GPD Outfall OOI (Nl 341)

Fron Unit I or 2 Extended Dual Seepage Lagoons Hake-up Mater Plan Aeration SIP Opcratcd Alternatelr Mell No. 2 Plant b/hr Sanitary Back-Vp Ht. 0.015 HCD Avi Boil r 0.031 HCO Hax Internal Outfall OOC (NI 396) 0.014 NGO Avg.

Internal Outfall OOA (Hl 391) 0%Mater 0. 112 HGO Av ., 0.266 HCD Itsx orth Catch Basin 501 Essential Service MatcI Homal Start-Up 28.8 IGO Flash Flash tv) n Outfall 001 (Nl 393) n I Clrcul ~ ting Mater Discharge Unit I Stean 1200'f/shore schg Bay Unit I Sba. Gcn.

1118 HCO Avg., 1211 HGO Hax Unit I Hake-Up Regeneration Outfall 0 Outfall 003 ' Intake Cribs Intake n-Mater Plant Turbine (HI 314)

(HI 395) 0'hore forcbay Unit 2 Hake-Up Roon Sunp I. 811 x On-Site Mater Plant Absorption Pond ln-Plant Sunps Outfall 002 (Hl 394) Unit lsc floor Orat Unit 7 2 Unit 2 tn. Gen.

Circulating Mater Discharge Stean 1200'f fshore schg Bay Conden r 1425 HCD Avg., 1118 HCO Nax Noma I Start-Up Cssentla) flash Tank lash Tank Service Mater 28.8 NCO 0'ake Internal Outfall 008 NI 398 0.109 HGO Av9 ~ 0.282 HCO Hax Q OO Hichlgan Stomwter ib South Catch Basin 502 Outfall OOF Masteuaier Flou Olagran, 1984 Donald t. Coot Nuclear Plant

)v Prc-filter Backwsh to Unit I C. f. Ihuk - 2/20/85 0 or Unit 2 Discharge Bay Revised - 11/18/86 0.0912 HGD avg.

'utfall 003 De-icing Dschg ws used 42 days 0.5832 Ig'4l nax.

In 1984 -- 224 HCO Avg., 839 HCO Hax

Phrmit No. MI 0005827 ~ Page 8'f ~

Final Effluent Limitations - Intake Screen Backwash Ouring the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorizedThe to discharge an unspecified amount of intake screen backwash to Lake Michigan. Company shall collect and remove debris accumulated on the intake trash bars and dispose of such material on land in an appropriate manner.

6. Final Effluent Limi tati ons Ouring the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the permittee shall not discharge any polychlorinated biphenyls to receiving waters of the State of Michigan as a result of plant operations.

Cooling Water Intakes The permittee shall submit to the Chief of the Surface Water guality Oivision a detailed study plan and time schedule for conducting environmental monitoring to determine the effects of the cooling water intake and obtain his approval thereof on or before NA--com leted . The studies shall be adequate to demonstrate if the existing cooling water intake design, location, construction, and capacity reflects the best technology available for minimizing adverse environmental impact in accordance with Section 316(b), Public Law 92-500. The study shall be completed and the report thereon submitted on or before NA.

If, on the basis of the study report and applicable standards established pursuant to Section 316(b) of Public Law 92-500, the Coomission determines that the intake structures do not reflect the best technology available for minimizing adverse environmental impact, it will so notify the company, specifying the reason(s) for its determination, and the company shall submit to the Chief of the Surface Water guality Oivision, within 90 days of such notification, its plan and construction time schedule for minimizing the environmental impact of the intake structure.

8~ Special Condition The Nuclear Regulatory Comnission is responsible for regulating discharges of radioactive materials.

! ". 'ermit No. MI 0005827

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9. S~iC di

- This permit'ay be modified or, alternatively, revoked and reissued to comply with any applicable standard(s) or limitation(s) promulgated under Section 301(b)(2)(c)(d), 304(b)(2) and 307(a)(2) of the Act, if the effluent standard(s) or limitation(s) so promulgated:

a. is(are) either different in condition or more stringent than any effluent limitatio'n in the permit; or

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

10. - Notification Requirement The discharger shall notify the Chief of the Surface Water guality Oivision, in writing, within 10 days of knowing, or having reason to believe, that a change in facility operation, maintenance, or, construction has resulted or.

will result in the discharge of:

1. Oetectable levels* of chemicals on the current Michigan Critical Materials Register or priority pollutants or hazardous substances set forth in 40 CFR Vol. 48, No. 64, April 1, 1983, Part 122.21, Appendix 0, pp. 14176-14177 which were not acknowledged in the application~ or listed in the application at less than detectable levels.

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

3. Any chemical at levels greater than five times the average level reported in the application*".

Any other monitoring results obtained as a requirement of this permit shall be reported in accordance with the schedule of compliance.

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

"The application received May 4, 1979 and updated April 26, 1985.

'v li Permi t No MI 0005827 Page 10 of 12 PART I

8. MONITORING ANO REPORTING Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge.

2. Reporting: C<l applicable to your facilitv; O>~ not applicable to vour faci11tv

a. MOR S ubm itt aIReouirements - The permittee shall submit Monthly Operating Raper:

(MOR) forms to the Data Center of the Michigan Department of Natural Resources for eacn calendar month of the authorized discharge period(s). The MOR's shall be postmarked no later than the 10th day of the month following each month of the authorized discharge period(s) .

QA b. Retained Self-Monitorin Requirements - The permittee shall maintain a year-to-date log of retained self-monitoring results and provide such log for inspection to the staff of the C3 (1.) Surface. Hater Duality Division of the Michioan Oeoartment nf Natural Resources.

Cl (2,) Environmental Health Services Division, Michigan Department of P,uglic Health Cl (3.) Northern PeninsuIa Division, Michigan'epartment of Public Heal th Q (4.) Division of Heal th Facility Licensi'ng 8 Certification, Michigan Department of Public Health upon request.

Tne permittee shall certify, in writing, to the Chief of the Surface

'Water guality Division of the Department of Natural Resources in accordance .with the Schedule of Compliance Part I, C- NA, ta".=t; (1.) all retai ned self-monitoring requi rements have been complied wi th and a year-to-date log has been maintained.

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

[Q c. Groundwater Mani torin - The permittee shall submi t Monthly Operating Report with the monitoring requirements set forth in Part III..

(MOR) forms to the Oata Center of the Michigan Department of Natural Resources in accordance The MOR's shall be postman ked no later than the 10th day of the month following each completed report period.

gad. First Permit - gxistin or Proposed Facilft - Upon issuance of the first permit f'r an existing or proposed facility the permittee is exempt from submitting MOR's f'r a period of ninety (90) days from the date the permit is issued.

[Q e. Permit Reissuance or Modification - For any parameter added to the monitorino requirements as a result of permit r efssuance or modification of the current permit, the oermittee will be exit from submittinn ttOR data for that parameter for a period of ninety (901 davs from the date the permit is issued.

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Oefinitions

a. The monthly average discharge is defined as the total discharge by or concentration if specified, during the reporting month divided by 'eight, the number of days in 'the reporting month that the discharge from the production or conmerciaI facility occurred. When less than daily sampling occurs, the monthly average discharge shall be determined by the su+nation of the measured daily discharges by weight, or concentration if specified, divided by the number of days during the reporting month when the samples were collected, analyzed and reported.

b. The daily maximum discharge means the total discharge by weight, or concentration if specified, during any calendar day.

c. The Regional Administrator is defined as the Region V Administrator, U.S. CPA, located at 230 South Oearborn, 13th Floor, Chicago, Illinois 60606.

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

Mason Huilding. The mailing address is 8ox 30028, Lansing, Michigan 48909.

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

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

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

b. The dates the analyses wer e performed;

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

d. The analytical techniques or methods used; and

e. The results of all required analyses.

NPOES/ Ind

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Permit No. MI 0005827 Page 12 of 12 Additional Monitor ing by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Operating Report. Such increased frequency shall also be indicated.

7. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring in'strumentation shall be retained for a minimum of three (3) years, or longer if requested by the Regional Administrator or the Michigan Water Resources Commission.

C. SCHEOULE OF COMPLIANCE

1. The permittee shall continue to operate the installed facilities to achieve the effluent limitations specified for outfalls 001, 002.

2. The permittee shall comply with the requirements of Section 10, Part II-A in accordance with the following:

a. Submit plans for approval to'the Chief of the Surface Water guality Oivision necessary to comply with the primary power provision of Section 10 in Part I I on or before NA.

b, The permittee shall comply with the requirements of items 10a or 10b contained in Part II on or before NA. Nbtwithstanding the preceding sentence, the permittee shall at all times halt, reduce or otherwise control production in order to protect the waters of the State of Michigan upon reduction or loss of the primary source of power.

3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written statement of compliance or noncompliance. In the latter case, the statement shall include the cause of noncompliance, any remedial actions taken and the probability of meeting the next scheduled requirement. Failure to submit the written statement is just cause to pursue enforcement action pursuant to the Commission Act and the Part 21 Rules.

v permit No. MI 0005827 Page l of 5 pART II MANAGEMENT REQUIREMENTS Duty to Comply All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit.

It is the duty of the permittee to comply with all the terms and conditions of this permit. Any noncompliance with the Effluent Limitations, Special Conditions, or terms of this permit constitutes a violation of Public Acts 245 of l929, as amended, and/or PL 92-500, as amended, and constitutes grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of an application for permit renewal.

2. Change of Conditions Any anticipated facility expansion, production increases, or process modi-fication which will result in new, different, or increased discharges of pollutants must be reported by submission of a new application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the permit issuing authority of such changes. Following such notice, the permit may be modified to specify and limit any pollutant not previously limited.

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

4. Operator Certification The permittee shall have the waste treatment facilities under direct super-vi.sion of an operator certified by the Michigan Water Resources Commission, as required by Secti.on 6a of the Michigan Act.

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

a. A description of the discharge and cause of noncompli.ance; and NPDES/Qlg

Permit No. H~ 0005827 ~ Page R oE ~

b. The period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and the steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge.

6. Spill Notification The permittee shall immediately report any spill or loss of any product, by-product, intermediate product, oils, solvents, waste material, or any other pollut-ing substance which occurs to the surface waters or groundwaters of the state by calling the Department of Natural Resources 24-hour Emergency Response telephone number 1-800-292-4706; a~d the permittee shall within ten ( LO) days of the spill or loss, provide the state with a Eull written explanation as to the cause and discovery of the spill or loss, cleanup and recovery measures taken, preventative measures to be taken, and schedule of implementation. This requirement is included pursuant to Section 5 of the Nichigan Water Resources Commission Act, 1929 PA 245, as amended.

7. Facility Oper'ation The permittee shall at all times properly operate and maintain all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit.

8. Adverse Impact.

The permittee shall take all reasonable steps to minimize any adverse impact to the surface or groundwaters of the state result'ng from noncompliance with any effluent limitation specified in this permit including, but not limited to, such accelerated or additional monitoring as necessary todetermine the nature and impact of the discharge in noncompLiance.

9. By"Passing Any diversion from or by-pass of facili.ties necessary to maintain compLiance with the terms and conditions of this permit is prohibited, except (i) where unavoid-able to prevent loss of life', personal injury, or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent Limitations and prohibitions of this permit. The permittee shall promptly notify the Michigan Water Resources Commission and the Regional Administrator, in writing, of such diversion or by-pass.

10. Power Failures In order to maintain compliance with the effluent Limitations and prohibi-tions of this permit, the permittee shall either:

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

. , .permit Vo . M I 000582 7

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b Upon. the reduction , loss , or failure of one or more of the p rimary iii sources of power to Eac 1 t es utilized by the permittee to maintain i i comp l anc'e wi th the eff luent 1 imi t <t ions and condi t ions of th s permi t, the permi t t ee shall halt, reduce or o therwi se con tro 1 produc t ion and/or all discharge in order to maintain compliance with the effluent limitations and conditions of this permit.

11. Removed Subs tances Solids,'ludges, filter backwash, or other pollutants removed from or resulting from treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering navigable waters, or the entry of toxic or harmful contaminants thereof onto the groundwaters in concen-trations or amounts detrimental to the groundwater resource.

12. Upset Voncompliance notification If a process "upset" (defined as an exceptional incident in which there's unintentional and temporary noncompliance wi:th technology based permit effluent limitations because of Eactors beyond the reasonable control of the permittee) has occurred, the permittee who wishes to establish the affirmative defense of upset shall notify the Chief of the Surface Water Quality Division by telephone within.

24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of becoming aware of such conditions and .within five (5) days provide in writing, the following informat'ion:

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

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

c. That the permittee has specified and taken action on all responsible steps to minimize or correct any adverse impact in the environment resulting from noncompliance with his permit.

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

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

Permit No .

B. RESPONSIBILITIES

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

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

b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit-; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants.

2. Transfer of Ownership or Control In the event of any change in control or ownership of Eacilities from which the authorised discharge. emanate, the permittee shall notify the succeeding owner or controller of the existence of this permit by letter, a copy of which shall be forwarded to the Michigan Water Resources Commission and the Regional Administrator.

3. Availability of Reports Except Eor data determined to be confidential under Section 308 of the Act and Rule 2128 of the Water Resources Commission Rules, Part 21, all reports prepared in accordance with the terms of this permit shall be available for public inspection't the offices of the State Water Pollution Control A enc and the Regional Administrator. As required by the Act, effluent data shall not be considered confi-dential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided Eor in Section 309 of the Act and Sections 7 and 10 of the Michigan Act.

4. Permit Modification After notice and opportunity for a hearing, this permit may be modified suspended, or revoked in whole or in part during its term for cause including, but no t limited to, the fo 1 lowing:

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

b. Obtaining this permit by misrepresentation or failure to disclose fully, all relevant Eacts; or c ~ A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge.

Permit No.. MI 0005827 Toxic Pollutants Notwi ths tending Par t II, B-4 above, if a toxic ef f luent s tandard or pro-hjbjtjon (including any schedule of compliance specified in such effluent standard or prohibicion) is established under Section 307(a) of the Act for a toxic pollutant whjch js present in the discharge and such standard or prohibicion is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so nocified.

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

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

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

9. Property Righcs The issuance of this permit does not convey any property rights ia either real or personal property, or any exclusive privileges, nor does it authorize violation of any Federal, State or local laws or regulations, nor does it obviate the necessity of obtaining such permics or approvals from other units of government as may be required by law.

10. Severability The provisions of this permit are severable, and j.f any provision of this permic, or the application of any provision of chis permit to any circumstances, if held invalid, che application of such provision ot other circumstances, and the remainder of this permic, shall not be affected chereby.

11. Notice to Public Utilities (Miss Dig)

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

...Permit No. MI 0005827

~ Pago 1 of E PERMIT CONDITIONS PART III A. GROUNDWATER DISCHARGE AUTHORIZATION The permittee is authorized to discharge from its wastewater treatment facility to the groundwaters of the state in accordance with the conditions below. This authorization shall continue until the Michigan Water Resources Comission makes its final determination on a state groundwater discharge permit.

B. GROUNDWATER DISCHARGE REQUIREMENTS During the period beginning on the date of issuance of this permit and lasting until the expiration date of this permit, the permittee .is authorized to discharge process wastes and sanitary wastes to the groundwater. Such discharges shall be monitored by the permittee as specified below:

Process wastes shall be disposed of into the ground in such a manner and by means of such facilities and at such location that they shall not injuriously affect public health, welfare, or commercial, industrial, domestic, agricultural, recreational, or other uses of the underground waters.

Monitoring requirements for boiler water treatment systems process water (water softener, clarifiers, make-up demineralizers) and boiler cleaning water prior to discharge into the ground.

PARAMETER TO BE MEASURED ~RBRUENCY TYPE OF SAMPLE Flow Continuous pH Continuous Daily maximu, minimum Cadmium At times of boiler cleaning Grab water discharge Oil 5 Grease Weekly Grab Sulfate (S04) At all times when regeneration of 24-Hr. Composite ion exchange resins occurs Chloride (CL) Weekly 24-Hr. Composite Total Phosphorus Weekly 24-Hr. Composite Chemical Oxygen Demand Weekly 24-Hr. Composite Total Dissolved Solids At all times when regeneration of 24-Hr. Composite ion exchange resins occurs Monitoring requirements for sanitary wastewaters prior to discharge into the ground:

PARAMETER TO BE MEASURED FRBRUENCY REPORT Flow Continuous State which seepage area is List when seepage areas List beginning and being utilized are alternated ending date and time of use of each seepage area

I

~ ' Permit No. MI 0005827 Page 2 of ~

Part III-8 (continued)

Monitoring requirements for groundwater collected in monitoring wells:

FRE UENCY TYPE OF SAMPLE PARAMETER TO BE MEASURE Record static water elevation quarterly Reading at time of sampling pH quarterly Grab Total Chromium (Cr) quarterly Grab Copper (Cu) quarterly Grab f

Sul a te(S04) quarterly quarterly Grab Grab Chloride (Cl)

Hardness quarterly Grab Nitrate-Nitrogen as N quarterly Grab Sodium (Na) quarterly Grab Polychlorinated Biphenyls quarterly Grab Chemical Oxygen Demand quarterly Grab Boron (8) quarterly Grab Total Phosphorus (P) quarterly Grab Total Dissolved Solids quarterly Grab Cadmium quarterly Grab Oil & Grease quarterly Grab

0 Permit No. MI 0005827 MIXING ZONE Facility: Indiana 8 Michigan Electric Company Outfall Number Receivin Water Oischar e Location 001, 002, 003 Lake Michigan Berrien County, Lake Township (Town 6S, Range 19W)

Sections 5, 6, 7 & 8

'he mixing zone for purposes of evaluating compliance with the State Water guali ty Standards is defined as an area of Lake Michigan equivalent to that of a circle with a radius of 2811 feet (570 acres) centered at the point of discharge.