NRC-96-0062, Forwards Util Renewal of NPDES Permit MI0037028 for Plant Which Had Been Reissued on 960531 & Became Effective on 960601
| ML20113D599 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 06/28/1996 |
| From: | Goodman L DETROIT EDISON CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| CON-NRC-96-0062, CON-NRC-96-62 NUDOCS 9607030229 | |
| Download: ML20113D599 (30) | |
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W Detroit r-e Edison EEE =
ex.
June 28,1996 NRC-96-0062 U. S. Nuclear Regulatory Commission Attention: Document Control Desk j
Washington D. C. 20555 l
Reference:
Fermi 2 NRC Docket No. 50-341 NRC License No. NPF-43
Subject:
Submittal of Fermi 2 National Pollutant Discharge Elimination System (NPDES) Permit In accordance with Section 3.2 of the Fermi 2 Environmental Protection Plan, please find enclosed a copy of Detroit Edison's renewal ofNPDES Permit No.
MI0037028 for Fermi 2 Power Plant, Newport, Michigan. The permit was reissued on May 31,1996, and it became effective on June 1,1996.
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Ifyou have any questions regarding this report, please contact Jim Czech at (313) 586-5301.
i Sincerely, 9607030229 960628 PDR ADOCK 05000341 PDR Lynne S. Goodman P
Director, Nuclear Licensing Enclosure cc:
M. J. Jordan A. J. Kugler g
H. J. Miller
, 0 W/
A. Vegel Region III
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PERMIT NO. MIOO37028 MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Federal Water Pollution Control Act, amended, (33 U.S.C.
as 1251 et seq; the " Federal Act"), Michigan Act 451, Public Acts J
of 1994, as amended (the " Michigan Act"), Part 31, and Michigan Executive Orders i
1991-31, 1995-4 and 1995-18.
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The Detroit Edison Company 2000 Second Avenue Detroit, Michigan 48226 is authorized to discharge from a facility located at Fermi-2 Power Plant 6400 Dixie Highway Newport, Michigan 48166 designated as DECO-Fermi-2 Pit to the receiving water named Lake Erie and Swan Creek via overflow canal in accordance with effluent limitations, monitoring requirements and other conditions set forth in this permit.
This permit takes effect on June 1, 1996. Any person who is aggrieved by this permit may file a sworn petition with the Office of Administrative Hearings of the Michigan Department of Environmental Quality, setting forth the conditions of the permit which are being challenged and specifying the grounds for the challenge. The Department may. eject any petition filed more than 60 days after issuance as being untimely. Upon granting of a contested case, the Department shall review the permit to determine which contested conditions shall be stayed until the Department takes its final action.
If a condition contested by the applicant is a requirement placed on wastewater covered by a new or increased discharge authorization, such increased discharge authorization shall be stayed until the Department takes 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 Department determines the contested condition shall be stayed, then such previous condition remains in effect unti; the Department takes final action.
This permit and the authorization to discharge shall expire at midnight October 1, 1999.
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 Department of Environmental Quality to the Southeast Michigan District Supervisor of the Surface Water Quality Division no later than 180 days prior to the date of expiration.
This permit is based on an application submitted on April 4, 1994 as amended through March 13, 1995.
On its effective date this permit shall supersede NPDES Permit No.
MIOO37028, expiring October 1, 1994.
Issued May 31, 1996.
Rob %rtP. Miller Chief.SurfaceWater(QualityDivision
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' PERMIT,NO. MI0037028 Pcg3 2 of 28 PART I i
A.
EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1.
Final Effluent Limitations, Outfall 001 During the period beginning upon the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge a maximum of forty five million one hundred thousand (45,100,000) gallons per day of cooling tower blowdown, processed radwaste wastewater, treated demineralizer regeneration vastes, reverse osmosis wastes, chemical and nonchemical metal cleaning wastes from outfall 001 to Lake Erie.
Such discharge shall be limited and monitored by the permittee as specified below:
Discharge Limitations 1bs/ day Other Limitations Monitoring Requirements Effluent Monthly Daily Monthly Daily Measurement Sample Characteristic, Average Maximum Average Maximum Frequency Type Flow (MGD)
(report)
(report)
Daily Report Total Daily Flow Temperature ('F)
Intake (report)
Daily Reading Discharge (report)
Daily Reading Total Residual Oxidant (TRO)*
During Chlorination - No Bromine Use Discharge Mode continuous (greater than 120 min / day) 36 ug/l 5X Weekly Grab Intermittent (less than/ equal to 120 min / day) 200 ug/l SX Weekly Grab During Bromine Use Discharge Mode Continuous - None (The discharge of bromine shall not exceed 120 min / day)
Intermittent (less than/ equal to 120 min / day) 50 ug/l SX Weekly Grab TRO Discharge Time (minutes / day)
(report)
SX Weekly Report Total Discharge Time!
Betz Clam-Trol CT-2**
0.22 ug/l 10 ug/l Every Three Grab Hours During Discharge Total Cadmium Until 08/31/98 (report)
(report) 2X Monthly 24-Hour Comp.
From 09/01/98 1.7 ug/l 2X Monthly 24-Hour Comp.
Total Copper Until 08/31/98 (report)
(report)
Weekly 24-Hour Comp.
From 09/01/98 30 ug/l 120 ug/l Weekly 24-Hour Comp.
l Total Zinc Until 08/31/98 (report)
(report)
Weekly 24-Hour Comp.
From 09/01/98 170 ug/l 740 ug/l Weekly 24-Hour Comp.
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PERMIT NO. MIOO37028 Pass 3 of 28 PART I Section A.I. (continued)
Discharge Limitations lbs/ day Other Limitations Monitoring Requirements Effluent Monthly Daily Monthly Daily Measurement Sample Characteristic Average Maximum Average Maximum Frequency Type Total Lead Until Gu/31/98 (report)
(report) 2X Monthly 24-Hour Comp.
From 09/01/98 5.9 ug/l 2X Monthly 24-Hour Comp. ;
Outf all Observation (report)
Daily Visual Daily Daily
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Minimum Maximum j
pH (Standard Units) 6.5 9.9 Weekly Grab
- Total Residual Oxidant (TRO) shall be analyzed using EPA Method 330.1 (alternate methods may be used upon approval of the Southeast Michigan District Supervisor of the Surface Water Quality Division).
TRO monitoring is only required during periods i
of chlorine or bromine use and subsequent discharge. Limitations for the intermittent discharge of chlorine apply only when the discharge of c.hlorine is less than or equal to 120 minutes per day, otherwise the limitations for continuous 1
discharge of chlorine apply. Authorization to discharge bromine with or without chlorine is limited to 120 minutes per day at the limitations specified above with the additional requirement that any discharge of chlorine is restricted to a concurrent discharge with bromine (no additional discharge of chlorine is authorized.
for that day).
During the intermittent discharge of chlorine without bromine ("During Chlorination
- No Bromins Use" limitations given above), the daily maximum value reported for TRO shall be the average of a minimum of 3 equally spaced grab samples taken during a chlorine discharge event, with the additional limitation that no single sample may exceed 300 ug/1.
During the intermittent discharge of bromine with or without chlorine ("During Bromine Use" limitations given above), the daily maximum value reported for TRO shall be the maximum of at least 3 equally spaced grab samples taken during a bromine discharge event (no single sample may exceed 50 ug/1).
The permittee shall enter a zero ("0") on the Discharge Monitoring Report for the TRO discharge modes not being used.
The permittee may use dehalogenation techniques to achieve the applicable TRO limitations, using sodium thiosulfate, sodium sulfite, sodium bisulfite, or other dehalogenating reagents approved by the Southeast Michigan Dist eict Supervisor. The quantity of reagent (s) used shall be limited to 1.5 times the stoichiometric amount of applied chlorine / bromine oxidant.
The permittee shall report monthly the quantity of each dehalogenation reagent used per day.
(continued)
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PERMIT,NO. MIOO37028 Pago 4 of 28 PART I Section A.1. (continued)
I
- The authorization to discharge Clam-Trol CT-2 (Clam-Trol) is restricted to no more than thirty (30) times per year. The permittee shall report to the Southeast Michigan District Supervisor annually, on July 1, the frequency of use and the amount of Clam-Trol used.
The daily maximum and monthly average water quality-based effluent limits are lens than the detection level of 50 ug/l using the Orange II/ Methylene Chloride Method, i
Therefore, detoxification of the facility's closed loop cooling system is required using bentonite clay.
The concentration of Clam-Trol in the bentonite treated closed loop cooling system discharge shall not exceed the detection level of 50 ug/l
. unless higher levels are appropriate because of sample matrix interference.
To the extent plant operating parameters allow, the discharge from outfall 001 shall be delayed for up to a maximum of six (6) hours af ter the nondetect level of 50 ug/l is achieved in the closed loop cooling system.
The sampling procedures, preservation and handling, and analytical protocol for monitoring Clam-Trol shall be in accordance with the Orange II/ Methylene Chloride Method. Other methods may be used upon approval of the Southeast Michigan District Supervisor of the Surface Water Quality Division. Monitoring to determine discharge i
concentrations should be done once every three (3) hours for 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after each use of Clam Trol. The highest value measured during the discharge event shall be reported.
If the Clam-Trol concentration in all samples is less than the detection level of 50 ug/1, report zero on the discharge monitoring reports.
The permittee shall conduct chronic toxicity tests on two test species using final effluent collected when discharge commences from outfall 001 after treatment of facility's primary cooling system. Test species shall include fathead minnow and Cariodaphnia dubia. Testing shall be performed after the first two treatments of the Facility's main cooling system and annually thereafter. Testing and reporting procedures shall follow procedures contained in EPA /600/4-91/002, "Short-Tern Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms", for fathead minnow and Cariodaphnia. The chronic toxicity tests shall be conducted and reported such that the acute toxicity of discharge through outfall 001 can be determined. Acute toxicity data shall be included in the reporting of the chronic toxicity test results.
The results of the toxicity testing and discharge concentrations of Clam-Trol shall be submitted to the Southeast Michigan District Supervisor within 45 days following product application.
If the results of toxicity testing do not exceed 1.0 acute toxic units (TUa) or 1.0 chronic toxic units (TUc), and the discharge concentration does not exceed the detection level of 50 ug/1, the permittee is authorized to continue the use and discharge of Clam-Trol.
i If the results of toxicity testing for Clam-Trol exceeds 1.0 TUa or 1.0 TUc, the permittee shall discontinue use of Clam Trol and notify the Southeast Michigan j
District Supervisor. The permittee will not be authorized to discharge Clam-Trol i
until a demonstration is made to the Southeast Michigan District Supervisor that 1.0 TUa and 1.0 TUc will be consistently achieved.
(continued) 1 r,
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PERMIT,NO. MIOO37028 Pcgo 5 of 28 PART I Section A.1. (continued)
The receiving stream shall contain no unnatural turbidity, color, oil film, a.
floating solids, foams, settleable solids, or deposits as a result of this discharge.
b.
Samples, measurements, and observations taken in co...
- :e with the monitoring requirements above shall be taken as follows:
Intake - prior to entering the plant; j
Discharge - prior to discharging to Lake Erie.
Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, c.
oil film, floating solids, foams, settleable solids, or deposits) shall be reported immediately to the Southeast Michigan District Supervisor of the Surface Water Quality Division followed with a rittrn report within 5 days detailing the findings of the investigation and the steps taken to correct the condition.
d.
In the event the permittee shall require the discharge of water treatment additives in addition to any previously approved by the Southeast Michigan District Supervisor of the Surface Water Quality Division, the permittee shall notify the Southeast Michigan District Supervisor. Written approval from the Southeast l
Michigan District Supervisor to discharge such additives at specified levels shall be obtained prior to discharge by the permittee.
The permit may be modified in accordance with the requirements of Part II.B.4. if a constituent of the additive or additives requires limiting.
The following parameters shall be analyzed, using U.S. EPA approved analytical e.
methods, at the specified detection levels unless higher levels are appropriate because of sample matrix interference:
total cadmium, 0.2 ug/1; total copper, 1.0 ug/1; total lead, I ug/1; and total zinc, 10.0 ug/1.
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h PERMIT NO. MI0037028 Pago 6 of 28 PART I Section A.
2.
Final Effluent Limitations, Outfall 00A During the period beginning upon the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge a maximum of two hundred sixteen thousand (216,000) gallons per day of processed radwaste wastewater from outfall 00A through outfall 001 to Lake Erie.
Such discharge shall be limited and monitored by the permittee as specified below:
Discharge Limitations 1bs/ day Other Limitations Monitoring Requirem6nts Effluent Monthly Daily Monthly Daily Measurement Sample Characteristic Average Maximum Average Maximum Frequency Type Flow (MGD)
(report)
(report)
Daily per Report Total Occurrence Daily Flow Total Suspended Solids 30 mg/l 100 mg/l Weekly per Grab Occurrence Oil & Grease 15 mg/l 20 mg/l 2X Monthly Grab per Occurrence a.
Samples, measurements, and observutions taken in compliance with the monitoring requirements above shall be taken prior to mixing with other wastestreams.
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PERMIT NO. MIOO37028 Pago 7 of 28 PART I Section A.
3.
Final Effluent Limitations. Outfall 00B During the period beginning upon the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge a maximum of two hundred eighty eight thousand (288,000) gallons per day of treated demineralizer regeneration wastes and reverse osmosis wastes from outfall 00B through outfall 001 to Lake Erie.
Such discharge shall be limited and monitored by the permittee as specified below:
Discharge Limitations lbs/ day Other Limitations Monitoring Requirements Effluent Monthly Daily Monthly Daily Measurement Sample Characteristic Average Maximum Average Maximum Frequency Type Flow (MCD)
(report)
(report)
Daily per Report Total Occurrence Daily Flow Total Suspended Solids 30 mg/l 100 mg/l Weekly per Grab Occurrence Oil & Grease 15 mg/l 20 mg/l 2X Monthly Grab per Occurrence Samples, measurements, and observations taken in compliance with the monitoring a.
requirements above shall be taken prior to mixing with other wastestreams.
PERMIT NO. MIOO37028 Pega 8 of 28 PART I Section A.
4.
Final Effluent Limitations, Outfall 00E During the period beginning upon the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge a maximum of five hundred thousand (500,000) gallons per day of treated chemical and nonchemical metal cleaning wastes from outfall 00E through outfall 001 to Lake Erie.
Such discharge shall be limited and monitored by the permittee as specified below:
Discharge Limitations 1bs/ day Other Limitations Monitoring Requirements Effluent Monthly Daily Monthly Daily Measurement Sample Characteristic Average Maximum Average Maximum Frequency Type Flow (MGD)
(report)
(report)
Deily per Report Total Occurrence Daily Flow Total Suspended Solids 30 mg/l 100 mg/l Daily per Grab Occurrence 011 & Grease 15 mg/l 20 mg/l Daily per Grab Occurrence Total Copper 1.0 mg/l Daily per Grab Occurrence Total Iron 1.0 mg/l Daily per Grab Occurrence a.
Samples, measurements, and observations taken in cempliance with the monitoring requirements above shall be taken prior to mixing with other wastestreams.
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1 PERMIT NO. MIOO37028 Pcga 9 of 28 PART I Section A.
5.
Final Effluent Limitations, Outfall 009 During the period beginning upon the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge a maximum of seven hundred twenty thousand (720,000) gallons per day of storm water runoff, low volume wastes and chemical & nonchemical metal cleaning wastes from outfall 009 to Swan Creek via overflow canal.
Such discharge shall be limited and monitored by the permittee as specified below:
Discharge Limitations lbs/ day other Limitations Monitoring Requirements Effluent Monthly Daily Monthly Daily Measurement Sample Characteristic Average Maximum Average Maximum Frequency Type Flow (MGD)
(report)
(report)
Daily Report Total Daily Flow Total Suspended Solids 30 mg/l 100 mg/l Daily per Grab Occurrence 011 & Grease 15 mg/l 20 mg/l Daily per Grab Occurrence Total Iron
- 1.0 mg/l Daily per Grab-Compositt Occurrence Total Copper
- 1.0 mg/l Daily per Grab-Compositt (Until 08/31/98)
Occurrence Total Copper **
30 ug/l 120 ug/l Daily per 24-Hour Comp.
(From 09/01/98)
Occurrence Total Cadmium **
2X Monthly 24-Hour Comp.
(Until 08/31/98)
(report)
(report) per i
(From 09/01/98) 1.7 ug/l occurrence Total Zinc **
2X Monthly 24-Hour Comp..
(Until 08/01/98)
(report)
(report) per (From 09/01/98) 170 ug/l Occurrence Outfall Observation (report)
Daily per Visual Occurrance Daily Daily Minimum Maximum pH (Standard Units) 6.5 9.0 Daily per Grab Occurrence (continued)
PERMIT,tK). MIOO37028 Pego 10 of 28 PART I Section A.S. (continued)
- The monitoring requirements and limits for total copper (until 08/31/98) and total iron apply only to the discharge of chemical and nonchemical metal cleaning wastes.
The chemical and nonchemical metal cleaning wastes shall not be mixed with any other wastestream prior to treatment and sampling for compliance monitoring. The chemical and nonchemical metal cleaning wastes shall be monitored as follows: Per occurrence, 24-hour grab-composite sample. The grab-composite sample shall consist of one grab sample taken every four hours during the discharge event.
- When discharging low volume wastes and/or chemical & nonchemical metal cleaning wastes.
The receiving stream shall contain no unnatural turbidity, color, oil film, a.
floating solids, foams, settleable solids, or deposits as a result of this discharge.
b.
Samples, measurements, and observations taken in compliance with the monitoring requirements above shall be taken prior to discharge to the overflow canal.
Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, c.
oil film, floating solids, foams, settleable solids, or deposits) shall be reported immediately to the Southeast Michigan District Supervisor 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.
d.
In the event the permittee shall require the discharge of water treatment additives in addition to any previously approved by the Southeast Michigan District Supervisor of the Surf ace Water Quality Division, the permittee shall notify the Southeast Michigan District Supervisor. Written approval from the Southeast Michigan District Supervisor to discharge such additives at specified levels shall be obtained prior to discharge by the permittee.
The permit may be modified in accordance with the requirements of Part II.B.4. if a constituent of the additive or additives requires limiting.
The following parameters shall be analyzed using U.S. EPA approved analytical e.
methods, at the specified detection levels unless higher levels are appropriate because of sample matrix interference:
total cadmium, 0.2 ug/1; and total zinc, 10.0 ug/1.
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PERMIT No. MI0037028 Pcg3 11 of 28 l
PART I i
Section A.
6.
Final Effluent Limitations, Outfall 011 During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge a maximum of seven million (7,000,000) gallons per day of treated oily wastewater, firefighting system pressurization water, intake screen and strainer backwash water, and storm water runoff from outfall 011 to Swan Creek via overflow canal.
Such discharge shall be limited and monitored by the permittee as specified below:
Discharge Limitations 1bs/ day other Limitations Monitoring Requirements Effluent Monthly Daily Monthly Daily Measurement Sample Characteristic Average Maximum Average Maximum Frequency Type Flow (MGD)
(report)
(report)
Daily Report Total Daily Flow Outf all Observation (report)
Daily Visual Daily Daily Minimum Maximum pH (Standard Units) 6.5 9.0 Weekly Grab The receiving stream shall contain no unnatural turbidity, color, oil film, a.
floating solids, foams, settleable solids, or deposits as a result of this discharge.
b.
Samples, measurements, and observations taken in compliance with the monitoring requirements above shall be taken prior to discharge to overflow canal.
c.
Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, oil film, floating solids, foams, settleable solids, or deposits) shall be reported immediately to the Southeast Michigan District Supervisor 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.
d.
In the event the permittee shall require the discharge of water treatment additives in addition to any previously approved by the Southeast Michigan District Supervisor of the Surface Water Quality Division, the permittee shall notify the Southeast Michigan District Supervisor. Written approval from the Southeast Michigan District Supervisor to discharge such additives at specified levels shall be obtained prior to discharge by the permittee. The permit may be modified in accordance with the requirements of Part II.B.4. if a constituent of the additive or additives requires limiting.
e.
The permittee shall collect and remove debris accumulated on intake trash bars and dispose of such material on land in an appropriate manner.
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- PERMIT NO. MIOO37028 Pcga 12 of 28 PART I i'
Section A.
7.
Final Effluent Limitations, Outfall 00C During the period beginning upon the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to discharge a maximum of two hundred sixteen thousand (216,000) gallons per day of treated oily wastewater from outfall 00C through outfall 011 to Swan Creek via overflow canal.
Such discharge shall be limited and monitored by the permittee as specified below:
pischarge Limitations lbs/ day Other Limitations Monitoring Requirements Effluent Monthly Daily Monthly Daily Measurement Sample Characteristic Average Maximum Average Maximum Frequeneg_
Type Flow (MGD)
(report)
(report)
Weekly Report Total Daily Flow Total Suspended Solids 30 mg/l 100 mg/l Weekly Grab 011 & Grease 15 mg/l 20 mg/l 2X Monthly Grab Samples, measurements, and observations taken in compliance with the monitoring a.
requirements above shall be taken prior to mixing with other wastestresas.
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' PERMIT NO. MIOO37028 Paga 13 of 28 PART I Section A.
8.
Final Effluent Limitations, Outfall 013 i
During the period beginning on the effective date of this permit and lasting until the expiration date of this permit, the permittee is authorized to l
discharge a maximum of seven million five hundred thousand (7,500,000) gallons per day of settled water from dredged material storage basin storing material dredged from Lake Erie from outfall 013 to Lake Erie. Such discharge shall be limited and monitored by the permittee as specified below:
Discharge Limitations lbs/ day Other Limitations Monitoring Requirements
- Effluent Monthly Daily Monthly Daily Measurement Sample Characteristic Average Maximum Average Maximum Frequency Type Flow (MGD)
(report)
(report)
Daily Report Total Daily Flow Total Suspended Solids Daily Grab Intake (mg/1)
(report)
(report)
Discharge (mg/1)
(report)
(report)
Net Discharge 30 mg/l 100 mg/l (Net Discharge = Discharge - Intake)
Outfall Observation (report)
Daily Visual
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Daily Daily Minimum Maximum pH (Standard Units) 6.5 9.0 Daily Grab
- During discharge The receiving stream shall contain no unnatural turbidity, color, oil film, a.
floating solids, foams, settleable solids, or deposits as a result of this discharge.
b.
Samples, measurements, and observations taken in compliance with the monitoring requirements above shall be taken prior to discharge to Laka Erie.
Any unusual characteristics of the discharge (i.e., unnatural turbidity, color.
c.
oil film, floating solids, foams, settleable solids, or deposits) shall be reported immediately to the Southeast Michigan District Supervisor 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 ::ondition.
d.
In the event the permittee shall require the discharge of water treatment additives, the permittee shall notify the Southeast Michigan District Supervisor of the Surface Water Quality Division. The permittee shall obtain written approval from the Southeast Michigan District Supervisor to discharge such additives at a specified level.
The permit may be modified in accordance with the requirements of Part II.B.4. if a constituent of the additive or additives requires limiting.
PERMIT.NO. MI0037028 Pago 14 of 28 PART I Section A.
9.
Special Condition - Toxicity Testing and Compliance Demonstration for Water Additive.
The authorization to discharge water additive Betz Powerline DEF 03 from outfall 001 beyond September 1,1996 will require the permittee to submit acute toxicity data for the above water additive.
Minimal characterization of aquatic toxicity includes:
- 1) a 96-hour LC50 for rainbow trout or fathead minnow; and 2) a 48-hour EC50 for Daphnia species.
Testing procedures shall follow ASTM, Standard E729-88a,
" Standard Guide for Conducting Acute Toxicity Tests with Fishes, Macroinvertebrates, and Amphibians".
Prior to conducting the testing, a plan shall be submitted to and approved by the Southeast Michigan District Supervisor of the Surface Water Quality Division.
The permittee shall also determine the concentration of the water additive in the discharge by analysis or, if an approved analytical technique is not available, by calculations based on the mass balance through the system.
The toxicity data and discharge concentration data shall be submitted to the Southeast Michigan District Supervisor by September 1, 1996.
If, as determined by the Southeast Michigan District Supervisor, the water additive, as currently used, does not exceed the water quality-based effluent limitation, the permittee will be authorized to use the water additive at the level specified in the application.
J If, upon review of the above demonstrations, it is determined by the Southeast Michigan District Supervisor that the effluent limitation is being exceeded, the permittee will be so notified.
The permittee shall achieve compliance with the effluent limitation within three months of such notification.
10.
Special Condition - Compliance Demonstration for Water Additives.
The authorization to discharge water additives Betz Powerline 865, Buckman Bulab 8007, and Betz Powerline 1192 from outfalls 001, 001, and 011 & 013, respectively beyond September 1, 1996 will require the permittee to submit to the Southeast Michigan District Supervisor of the Surface Water Quality Division, sufficient data to demonstrate that the concentrations of the above mentioned water additives in the discharges do not exceed the affluent itsitations of 208 mg/1, 0.88 mg/l and 100 ug/1, respectively.
The concentrations of the water additives in the discharge shall be determined by analyses or, if an approved analytical technique is not available, by calculations based on the mass balance through the system.
The discharge concentration data shall be submitted to the Southeast Michigan District Supervisor by September 1, 1990.
If, as determined by the Southeast Michigan District Supervisor, the water additives, as currently used, do not exceed the effluent limitations, the permittee will be authorized to continue the use of the water additives at the levels specified in the application.
If, upon review of the above demonstration, it is determined by the Southeast Michigan District Supervisor that the effluent limitations are being exceeded, the permittee will be so notified. The permittee shall achieve compliance with the effluent limitations within three months of such notification.
(continued)
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- PERMIT NO. MIOO37028 Pago 15 of 28 PART I i
Section A.10. (continued)
If the permittee cannot provide the discharge concentration (s) of the water additive (s) by the specified date, the permittee may later request approval as specified in Parts I.A.1.d., I.A.6.d. and I.A.8.d. of this permit.
11.
Special Condition - Volatile & Acid Compounds and PCBs Scan and Quantitative Data for Other Listed Compounds i
The permittee shall conduct an analysis.of a grab sample on outfall 001 for a GC/MS Scan Volatile Compounds, Acid Compounds and PCBs.
In addition, the permittee shall provide quantitative data for metals, amenable cyanide, total residual chlorine, ortho phosphorus and total phosphorus.
The results of these testa shall be submitted to Southeast Michigan District Supervisor of the Surface Water Quality Division within four months of the power plant becoming fully operational and within two months from the effective date of this permit, whichever is later.
If upon the review of the analysis, it is determined that any of the materials or constituents require limiting, the permittee will be so informed. The permit will then be modified in accordance with Part II.B.4.
The compounds and metals to be included in the analyses are listed below:
Volatile Compounds acrolein acrylonitrile benzene bromoform carbon tetrachloride chlorobenzene chlorodibromomethane chloroethane 2-chloroethylvinyl ether chloroform dichlorobromomethane 1,1-dichloroethane 1,2-dichloroethane 1,1-dichloroethylene 1,2-dichloropropane 1,3-dichloropropylene ethylbenzene methyl bromide methyl chloride methylene chloride 1,1,2,2-tetrachloroethane tetrachloroethylene toluene 1,2-trans-dichloroethylene 1,1,1-trichloroethane 1,1,2-trichloroethane trichloroethylene vinyl chloride Acid Compounds 2-chlorophenol 2,4-dichlorophenol 2,4-dimethylphenol 4,6-dinitro-o-cresol 2,4-dinitrophenol 2-nitrophenol 4-nitrophenol p-chloro-m-cresol pentachlorophenol phenol 2,4,6-trichlorophenol l
PCBs l
PCB-1242 PCB-1254
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PCB-1221 PCB-1232 l
PcL-1248 PCB-1260 PCB-1016 (continued)
3 PERMIT No. MIOO37028 Pego 16 of 28 i
PART I Section A.11. (continued)
Metals 1
Total Antimony Total Arsenic Total Beryllium Total Cadmium Total Chromium Total Copper Total Lead Total Mercury Total Nickel Total Selenium Total Silver Total Thallium Total Zinc 12.
Special Condition - Metals Reopener Clause The permittee may request modification of the final effluent limitations for discharge of total cadmium, total copper, total lead and total zine from outfall 001 and discharge of total cadmium and total zine from outfall 009, as contained in this permit, and demonstrate either that higher limits are acceptable or that limitations and/or monitoring are not needed.
To be successful such demonstration must be consistent with the requirements of 40 CFR 122.62 and Sections 303(d)(4) and 402(o) l of the Act.
If the demonstration is successful, the permit may then be modified after public notice and Department approval of the recommended permit modification in accordance with Part II.B.4.
13.
Special Condition - Acute and Chronic Toxicity Testing l
The permittee shall conduct chronic toxicity tests on each of two (2) test species 1
once every two (2) months for a total of eight (8) tests (four on each species).
Testing shall be completed by June 1, 1998.
Test species shall include fathead i
minnow and Ceriodaphnia dubia.
Testing and reporting procedures shall follow procedures contained in EPA /600/4-91/002, "Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms", for fathead minnow and Cariodaphnia dubia. Acute toxicity and chronic toxicity data shall be included in the reporting of the toxicity test results. Toxicity test data acceptabilty is contingent upon the validation of the test method by the testing laboratory.
Such validation shall be submitted to the Department upon request. The final report on the tests shall be submitted to the Southeast Michigan District i
Supervisor of the Surface Water Quality Division within 30 days after completion of the final test. The Surface Water Quality Division will review the toxicity data submitted by the permittee to determine if the toxicity requirements of Rules 57 and 1
82 (Rules 323.1057 and 323.1082 of the Michigan Administrative Code) are being satisfied.
(continued)
i
' PERMIT NO. MI0037023 Pcgo 17 of 28 PART I Section A.13. (continued) l If the toxicity requirements of Rule 57 and Rule 82 are not being met, upon a.
written notification by the Southeast Michigan District Supervisor, the following conditions apply. Within 90 days of the above notification, the permittee shall implement a Toxicity Identification / Reduction Evaluation plan (TI/RE).
The objective of the TI/RE shall be to reduce the toxicity of the final effluent from outfall 001 to acceptable levels (less than or equal to 1.0 TUa and less than or equal to 1.0 TUc ) within three (3) years of notification.
The following documents are available for guidance to reduce the toxicity to acceptable levels:
Phase I, EPA /600/6-91/003 (acute) and EPA /600/6-91/005F (chronic);
Phase II, EPA /600/R-92/080 (acute and chronic); and Phase III, EPA /600/R-92/081 (acute and chronic).
The TI/RE shall include quarterly chronic toxicity tests 3
of the discharge from outfall 001 for the duration of the TI/RE. The tests shall be conducted and reported as specified above. Upon approval of the Southeast Michigan District Supervisor, the chronic toxicity tests may be conducted using the more sensitive species identified in the chronic toxicity database.
If a more sensitive species cannot be identified, the chronic toxicity tests shall be performed with both species. Annual reports on the j
j quarterly tests shall be submitted to the Southeast Michigan District Supervisor within 30 days of the completion of the last test of each calender year.
j b.
If the toxicity requirements of Rule 57 and Rule 82 are close to being exceeded, upon written notification by the Southeast Michigan District Supervisor, the permittee shall conduct quarterly chronic toxicity tests on the final effluent from outfall 001 for the life of the permit. The tests shall be conducted and reported as specified above. After one (1) year, the monitoring frequency may be reduced upon approval of the Southeast Michigan District Supervisor if the test data indicate that the toxicity requirements of Rule 57 and Rule 82 are
{
consistently being met.
Upon approval of the Southeast Michigan District l
Supervisor, the chronic toxicity tests may be performed using the more sensitive species identified in the chronic toxicity database.
If a more sensitive species cannot be identified, the chronic toxicity tests shall be performed with both species.
Annual reports on the quarterly tests shall be submitted to the Southeast Michigan District Supervisor within 30 days of the completion of the last test of each calender year.
This permit may be modified in accordance with applicable laws and rules to c.
include additional whole affluent toxicity control requirements as necessary.
" Acute toxic unit" is defined as 100/LC50 or 100/EC50 (with the LC50 or EC50 expressed l
as a percentage).
LC50 is the concentration of the affluent predicted by the acute toxicity test results to kill 50% of the test organism population in a given time interval.
EC50 is the concentration of the effluent predicted by the acute toxicity test results to produce an adverse effect in 50% of the test organism population in a given time interval.
" Chronic toxic unit" is defined as 100/MATC (with the MATC expressed as a percentage). Maximum acceptable toxicant concentration (MATC) is obtained by calculating the geometric mean of the lower and upper chronic limits from a chronic toxicity test.
I i
PERMIT'NO. MI0037028 Pcgo 18 of 28 PART I Section A.
14.
Special Condition - Temperature Modification The Michigan Department of Environmental Quality is considering the necessity of incorporating temperature limitations in this permit to assure that the requirements of Rule 82(1) of the Michigan Water Quality Standards are met.
Therefore, when consideration of this issue has been co=pleted, the Department may modify this permit in accordance with Part II.B.4. to add appropriate temperature limitations or requirements.
15.
Special Condition - Cold Shock Prevention In order to avoid fish mortality due to cold shock during the winter months (November through March), cessation of thermal inputs to the receiving water by this facility shall occur gradually to the extent plant operating parameters permit. The basis for this requirement is to allow fish associated with the discharge-heated mixing zone for outfall 001 to acclimate to the decreasing temperature.
16.
Special Condition - PCB Prohibition Effective upon the date of issuance of this permit, the permittee shall not j
discharge any polychlorinated biphenyls to the receiving waters of the State of I
Michigan as a result of plant operations.
17.
Special Condition - Corps of Engineers l
The issuance of this permit does not negate the authority of the Corps of Engineers to assess the permittee costs incurred by the Corps in dredging materials attributable to the permittee's discharge.
18.
Special Condition - Priority Pollutants The permittee shall not discharge priority pollutants, contained in chemicals added for cooling tower maintenance, in the cooling tower blowdown to the receiving waters of the State as a result of plant operations.
In the event the permittee desires to use such chemicals, the permittee may request modification of the permit.
i l
The permit may be modified in accordance with the requirements of Part II.B.4. to l
include effluent limitations for these pollutants and any other requirements.
4 4
I
PERMIT No. MI0037028 Pcgo 19 of 28 PART I Section A.
19.
Special Condition - Reopener Clause I
This permit may be modified or, alternatively, revoked and reissued to comply with any applicable standard (s) or limitation (s) promulgated under Sections 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:
is(are) either different in condition or more stringent than any effluent a.
limitation in the permit; or b.
control (s) any pollutant not limited in the permit.
20.
Special Condition - Notification Requirement The permittee shall notify the Southeast Michigan District Super"isor of the Surf ace Water Quality Division, in writing, within 10 days of knowing, or having reason to believe, that any activity or change has occurred or will occur which would result in the discharge of:
Detectable levels
- of chemicals on the current Michigan Critical a.
Materials Register or priority pollutants or hazardous substances set forth in 40 CFR 122.21, Appendix D, which were not acknowledged I
in the application ** or listed in the application at less than detectable levels.
b.
Detectable levels
- of any other chemical not listed in the application or listed at less than detection, for which the application specifically requested information.
Any chemical at levels greater than five times the average level reported c.
in the application **.
Any other monitoring results obtained as a requirement of this permit shall be reported in accordance with the schedule of compliance.
- The detectable level shall be defined as the Method Detection Limit (MDL) as given in Appendix B to Part 136, Federal Register, Vol. 49, No. 209, October 26, 1984, pp. 43430-31.
- The application submitted on April 4, 1994 as amended through March 13, 1995, i
21.
Discharge to the Groundwaters l
The reissuance of this permit does not authorize any discharge to the groundwaters.
Such discharge must be authorized by a groundwater discharge permit issued pursuant to the Michigan Act.
22.
Discharge of Radioactive Materials i
The federal Nuclear Regulatory Commission provide,s the regulation of radioactive materials under the Fermi 2 Nuclear Power Plant's operating license.
PERMIT,NO. MIOO37028 Pego 20 of 28 PART I B.
MONITORING AND REPORTING 1.
Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge.
2.
Reporting:
DMR Submittal Requirements - The permittee shall submit Discharge a.
Monitoring Report (DMR) forms to the PCS Unit, Surface Water Quality Division, Michigan Department of Environmental Quality, P.O. Box 30273, Lansing, Michigan 48909-7773, for each calendar month of the authorized discharge period (s). The DMRs shall be postmarked no later than the 10th day of the month following each month of the authorized discharge period (s).
3.
Definitions The monthly average discharge is defined as the total discharge by weight, a.
or concentration if specified, during the reporting month divided by the number of days in the reporting month that the discharge from the production or commercial facility occurred.
If the pollutant concentration in any sample is less than the detection limit, regard that value as zero when calculating monthly average concentration. When less than daily sampling occurs, the monthly average discharge shall be determined by the summation of the measured I
daily discharges by weight, or concentration if specified, divided by the number of days during the reporting month when the samples were collected, i
analyzed and reported.
b.
The daily maximum discharge means the total discharge by weight, or concentration if specified, during any calendar day.
1 The Regional Administrator is defined as the Region V Administrator, U.S.
c.
EPA, located at R-163 77 W. Jackson Blvd., Chicago, Illinois 60604.
d.
The Southeast M1
-;an District Supervisor Surface Water Quality Division mailing address is S
4 Test Procedures Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 30^(h) of the Act, under which such procedures may be required.
PERMIT,NO. MICO37028 Pcgs 21 of 28 PART I Section B.
5.
Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information:
The exact place, date, and time of measurement or sampling; a.
b.
The person (s) who performed the measurement or sample collection; The dates the analyses were performed; c.
d.
The person (s) who performed the analyses; The analytical techniques or methods used; e.
f.
The date of and person responsible for equipment calibration; and g.
The results of all required analyses.
6.
Additional Monitoring 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 Discharge Monitoring Report.
Such increased frequency shall also be indicated.
7.
Records Retention i
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 instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the Regional Administrator or the Michigan Department of Environmental Quality.
l l
l l
1 PERMIT.NO. MI0037028 Pego 22 of 28 1
PART I C.
SCHEDULE OF COMPLIANCE 1.
The permittee shall continue to operate the installed facilities to achieve the effluent 1Laitations specified for outfalls 001, 00A, 00B, 00E, 009, 011, 00C and 013.
2.
Reapplication 1
If the discharges authorized by this permit are expected to continue beyond the expiration date of this permit, the permittee is required to submit an application for reissuance to the Southeast Michigan District Supervisor of the Surface Water Quality Division on or before April 1, 1999.
3.
Written Notification Required Within 14 days of every requirement date specified in this permit, the permittee shall submit a written notification to the Southeast Michigan District Supervisor of the Surface Water Quality Division indicating whether or not the particular requirement was accomplished.
If the requirement was not accomplished, the notification shall include an explanation of the failure to accomplish the requirement, actions taken or planned by th2 permittee to correct the situation, and an estimate of when the requirement will be accomplished.
If a written report is required to be submitted by a specified date and the permittee accomplishes this, a separate written notification is not required.
e 1
PERMIT No. MIOO37028 Pcg3 23 of 28 PART II A.
MANAGEMENT REQUIREMENTS 1.
Duty to Comply All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit.
It is the duty of the permittee to comply with all the terms and conditions of this permit. Any noncompliance with the Effluent Limitations, Special Conditions, or terms of this permit constitutes a violation of the Michigan Act and/or the Federal Act, and constitutes grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of an application for permit renewal.
2.
Change of Conditions Any anticipated facility expansion, production increases, or process modification which will result in new, different, or increased discharges of pollutants must be reported by submission of a new application to the Southeast Michigan District Supervisor of the Surface Water Quality Division or, by notice to the Southeast Michigan District Supervisor if the following conditions are met:
1) the changes will not result in the discharge of wastewater not currently authorized or at volumes greater than currently authorized by this permit, 2) the changes will not violate the effluent limitations specified in this permit, and 3) the changes will not require notification pursuant to Part I.A.20.
Following such notice, the permit may be modified to specify and limit any pollutant not previously limited.
3.
Containment Facilities The permittee shall provide facilities for containment of any accidental losses of oil or other polluting materials in accordance with the requirements of the Part 5 Rules of the Michigan Act.
4.
Operator Certification The permittee shall have the waste treatment facilities under direct supervision of an operator certified by the Michigan Department of Environmental Quality as required by Section 3110 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 Southeast Michigan District Supervisor of the Surface Water Quality Division with the following information, in writing, within five (5) days of becoming aware of such condition:
a.
A description of the discharge and cause of noncompliance; and b.
The period of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the noncompliance is expected to continue, and the steps taken to reduce, eliminate and prevent recurrence of the noncomplying discharge.
PERMIT NO. MI0037028 Pego 24 of 28 PART II Section A.
6.
Spill Notification The. permittee shall immediately report the spill or loss of oil or other polluting materials which occurs to the surface waters or groundwaters of the state by calling the Michigan Department of Environmental Quality 24-hour Emergency Response telephone number, 1-800-292-4706 (calls from out-of-state dial 1-517-373-8166);
and within ten (10) days of the spill or loss, tae permittee shall submit to the Southeast Michigan District Supervisor of the Surface Water Quality Division a full written explanation as to the cause and discovery of the spill or loss, clean-up and recovery measures taken, preventative measures to be taken, and schedule of implementation.
I 7
Facility Operation The permittee shall st all times properly operate and maintain all treatment or control facilities or systems installed or used by the permittee to achieve l
compliance with the terms snd 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 resulting from noncompliance with any effluent limitation specified in this permit including, but not limited to, such accelerated or additional monitoring as necessary to determine the nature and impact of the discharge in noncompliance.
l 9.
Bypass i
- a..
Bypass Prohibition - Bypass is prohibited unless:
J (1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (2)
There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime.
This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass; and (3) The permittee submitted notices as required under 9.b. or 9.c. below.
b.
Notice of Anticipated Bypass - If the permittee knows in advance of the need for a bypass, it shall submit prior notice to the Southemat Michigan District Supervisor of the Surface Water Quality Division, if possible at least ten days before the date of the bypass, and provide information about the anticipated bypass as required by the Southeast Michigan District Supervisor. The Southeast Michigan District Supervisor may approve an anticipated bypass, after considering its adverse effects, if it will meet the three conditions listed in 9.a. above.
(continued)
l PERMIT NO. MI0037028 Pago 25 of 28 PART II Section A.9. (continued)
Notice of Unanticipated Bypass - The permittee shall submit notice to the c.
Southeast Michigan District Supervisor of the Surface Water Quality Division of an unanticipated bypass by telephone at 313-953-0241 (if the notice is provided after regular working hours, use the following number:
1-800-292-4706) as soon as possible but no later than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> from the time the permittee becomes aware of the circumstances.
d.
Written Report of Bypass - A written submission shall be provided within five working days of commencing any bypass to the Southeast Michigan District Supervisor of the Surfac: Water Quality Division, and at additional times as directed by the Southeast Michigan District Supervisor.
The written submission shall contain a description of the bypass and its cause; the period of bypass, including exact dates and times, and if the bypass has not been corrected, the anticipated time it is expected to continue; aceps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass; and other information as required by the Southeast Michigan District Supervisor.
i j
Bypass Not Exceeding Limitations - The permittee may allow any bypass to occur e.
which does not cause affluent limitations to be exceeded, but only if it also 1
is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of 9.a., 9.b., 9.c., and 9.d., above. This 9
provision does not relieve the permittee of any notification responsibilities under Part I.A.20. of this permit.
f.
Definitions (1)
Bypass means the intentional diversion of waste stresma from any portion of a treatment facility.
(2)
Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
10.
Power Failures
. In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either:
a.
Provide an alternative power source sufficient to operate facilities utilized by the permittee to maintain compliance with the affluent limitations and conditions of this permit which provision shall be indicated in this permit by inciasion of a specific compliance date in each appropriate " Schedule of Comp?.iance for Effluent Limitations".
b.
Upon the reduction, loss, or failure of one or more of the primary sources of power to facilities utilized by the permittee to maintain compliance with the affluent limitations and conditions of this permit, the permittee shall halt, reduce or otherwise control production and/or all discharge in order to maintain compliance with the effluent limitations and conditions of this permit.
PERMIT.NO. MI0037020 Pcgo 26 of 28 PART II Section A.
11.
Removed Substances Solids, sludges, filter backwash, or other pollutants removed from or resulting i
from treatment or control of wastewaters shall be disposed of in a manner such as to
)
i prevent any pollutant from such materials from entering navigable waters, or the entry of toxic or harmful contaminants thereof onto the groundwaters in concentrations or amounts detrimental to the groundwater resource.
12.
Upset Noncompliance Notification If a process " upset" (defined as an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee) has occurred, the permittee who wishes to establish the affirmative defense of upset shall notify the Southeast Michigan District Supervisor 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 information:
That an upset occurred and that the permittee can identify the specific a.
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 this permit.
l 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 the Michigan Act and rules promulgated thereunder, is not enforceable under the Federal Clean Water Act regulations.
PERMIT NO. MI0037028 Pcgo 27 of 28 PART II B.
RESPONSIBILITIES 1.
Right of Entry The permittee shall allow the Michigan Department of Environmental Quality, any agent appointed by the department, or the Regional Administrator, upon the presentation of credentials:
To enter upon the permittee's premises where an effluent source is located or a.
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 i
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 facilities from which the authorized discharge emanates, 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 Southeast Michigan District Supervisor of the Surface Water Quality Division and the Regional Administrator.
3.
Availability of Reports Except for data determined to be confidential under Section 308 of the Act and Rule 2128 of the Part 21 Eules of the Michigan Act, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the State Water Pollution Control Agency and the Regional Administrator. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act and Sections 3112 and 3115 of the Michigan Act.
4.
Permit Modification Af ter notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following:
Violation of any terms or conditions of this permit; a.
b.
Obtaining this permit by misrepresentation or failure to disclose fully, all l
relevant facts; or A change in any condition that requires either a temporary or permanent c.
reduction or elimination of the authorized discharge.
PERMIjNO.MIOO37028 l
pego 28 of 28 f
PART II 1
Section E.
S.
Toxic Pollutants Notwithstanding Part II.B.4. above, if a toxic ef fluent 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 and such standard or prohibition is more stringent than any lLnitation 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 notified.
6.
Civil and Criminal Liability Except as provided in permit conditions on " Bypass" (Part II.A.9., pursuant to 40 CFR 122.41(m)) and " Upset" (Part II. A.12., pursuant to 40 CFR 122.41(n)), nothing in this permit shall be construed to relieve the permittee from civil or criminal
'j 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 t
legal action or relieve the permittee from any responsibilities, liabilities, or l
penalties to which the permittee may be subject under Section 311 of the Act except as are exempted by federal regulations.
8.
State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsililities, liabilities, or l
penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Act.
9.
Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize violation of any Federal, State or local laws or regulations, nor does it obviate the necessity of obtaining such permits or approvals from other units of government as may be required by law.
10.
Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, if held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
11.
Notice to Public Utilities (Miss Dig)
The issuance of this permit does not exempt the permittee from giving notice to public utilities and complying with each of the requirements of Act 53 of the Public Acts of 1974, being sections 460.701 to 460.718 of the Michigan Compiled Laws, when constructing facilities to meet the terms of this permit.