IN THE MATTER OF:
The City of Cadillac
NPDES No. MI 0020257
/
FINAL ORDER
at a session of the Office of Administrative Hearings held in Lansing, Michigan, on the 24th day of May, 1995, Richard G. Lacasse, Chief Administrative Law Judge Presiding
The staff of the Michigan Department of Natural Resources and the City of Cadillac, through their respective attorneys, stipulated to the settlement and certain facts in support of the settlement of the contested National Pollution Discharge Elimination System [NPDES] Permit issued to the City of Cadillac. The Stipulation was signed by the Parties and accepted in a Proposal for Decision signed by William C. Fulkerson, Administrative Law Judge, on May 13, 1994. The Parties have waived the right to file exceptions.
THEREFORE, the Proposal for Decision and the Parties' Stipulation of Settlement of Contested Permit and Facts has been reviewed by the undersigned and is hereby adopted.
IT IS SO ORDERED
Dated: May 24, 1995
Richard G. Lacasse
Chief Administrative Law Judge
THE CITY OF CADILLAC NPDES NO. MI 0020257
PROPOSED STIPULATION OF THE PARTIES'
This matter is before the Administrative Law Judge on stipulation of the parties to the above-referenced case which is pending on the Natural Resources Commission contested case docket. This case is pending before the Commission pursuant to the Water Resources Commission Act 1929 PA 245, MCLA 323. 8 (3). The parties have waived the right to file exceptions and ask that the stipulation be presented to the Natural Resources Commission for entry of a final order.
The Administrative Procedures Act provides for the use of stipulations at section 78, MCLA 24.278:
(1) The parties in a contested case by a stipulation in writing filed with the agency may agree upon any fact involved in the controversy, which stipulation shall be used as evidence at the hearing and be binding on the parties thereto. Parties are requested to thus agree upon facts when practicable.
(2) Except as otherwise provided by law, disposition may be made of a contested case by stipulation, agreed settlement, consent order, waiver, default, or other method agreed upon by the parties.
The practice of submitting matters, to both courts and administrative agencies, by stipulation is common and encouraged. It eliminates costly and time consuming hearings. The practice is encouraged by the Administrative Procedures Act and longstanding judicial precedent. Dana Corporation v MESC, 371 Mich 107, 110 (1963).
The parties have stipulated to certain facts applicable to this matter. I find the stipulation is complete and legally correct. Adoption of the stipulation by the Natural Resources Commission will dispose of the case. I, therefore, request that the Natural Resources Commission place this matter on its agenda to consider entry of a final order in conformity with the stipulation. I am transmitting the complete file together with a proposed order to the Commission for their consideration in addressing this request.
Dated: May 13, 1994
William C. Fulkerson
Administrative Law Judge
STATE OF MICHIGAN
DEPARTMENT OF NATURAL RESOURCES
IN THE MATTER OF:
THE CITY OF CADILLAC
NPDES Permit No. MI0020257
/
STIPULATION OF SETTLEMENT OF CONTESTED
PERMIT AND FACTS
The staff of the Michigan Department of Natural Resources and the City of Cadillac, Michigan, by their respective undersigned attorneys hereby stipulate in accordance with the Michigan Administrative Procedures Act, Act 306 of 1969, as amended, Sections 78(l), 78(2), and 81(4), to the settlement of contested NPDES Permit issued to the City of Cadillac and further stipulate to certain facts in support of the settlement as follows:
1. The former Michigan Water Resources commission issued a National Pollutant Discharge Elimination System (NPDES) Permit to the City of Cadillac on September 17, 1992 authorizing a discharge from a facility located at Plett Road, Cadillac, Michigan 49601 designated as the Cadillac WWTP to the receiving water named the Clam River in accordance with effluent limitations, monitoring requirements and other conditions set forth in the permit.
2. The City of Cadillac contested the NPDES permit on November 12, 1992. The former Michigan Water Resources Commission reviewed the request at its January 21, 1993 meeting and adopted a motion to refer the petition to the Department of Natural Resources' Office of Administrative Hearings.
3. By the signing and filing of this Stipulation, the parties stipulate that the revisions to the original issued NPDES Permit as reflected in the proposed NPDES Permit (Attachment A) represent a final resolution of all asserted matters and asserted grounds for the contested case in the City of Cadillac's Petition for Contested Case Hearing; and further, the parties stipulate and recommend to the Administrative Law Judge that the proposed NPDES permit (Attachment A), be recommended for issuance by the Michigan Commission of Natural Resources. This stipulation is based upon the files and records of the Michigan Department of Natural Resources.
4. The NPDES Permit issued September 17, 1992 is attached as Attachment B.
5. The parties stipulate to the following changes from the language contained in Attachment B to that contained in Attachment A and further stipulate to the justifications for each change set forth below:
A. The cover page of the permit has been replaced by a final decision page. The right for filing a contested case hearing has been removed.
Justification:
If the permit as proposed is accepted as a final decision by the Michigan Commission of Natural Resources, it would be subject to direct review as provided by law.
B. The final effluent limitation for amenable cyanide (page 3 of 19, Part I. Section A.1. a.), has been revised from seasonal limitations during October through April of 47 micrograms/per liter as a daily maximum and 5 micrograms/per liter as a 30 day average, and seasonal limitations from May to September of 92 micrograms/per liter as a daily maximum and 5 micrograms/per liter as a 30 day average, to monthly monitoring.
Justification:
Michigan Department of Natural Resources (MDNR) staff reviewed additional information concerning effluent concentrations of amenable cyanide and efforts to control cyanide sources submitted by the City of Cadillac since the permit reissuance which, consistent with Rule 57 of the Michigan Water Quality Standards, justified the reduction of the amenable cyanide requirement to month monitoring.
C. The final effluent limitation for total copper (page 3 of 19, Part I. Section A.1.a.), has been revised from a 30 day average limit of 8 micrograms/per liter, effective December 1, 1994, to twice monthly monitoring.
Justification:
MDNR staff reviewed additional information concerning effluent concentrations of copper and effluent/river water hardness levels submitted by the City of Cadillac since the permit reissuance. The revision is based upon the site specific hardness data which, consistent with Rule 57 of the Michigan Water Quality Standards, justified the reduction of this requirement to twice monthly monitoring.
D. The final effluent limitation for total lead (page 3 of 19, Part I. Section A.l.a.), has been revised from 2 micrograms/per liter as a daily maximum effective December 1, 1994 to 9.9 micrograms/per liter as a daily maximum, effective December 1, 1994.
Justification:
MDNR staff reviewed additional information concerning effluent concentrations of lead and effluent/river water hardness levels submitted by the City of Cadillac since the permit reissuance. The revision is based upon the site specific hardness data which, consistent with Rule 57 of the Michigan Water Quality Standards, justified the change of the limit from 2 micrograms/per liter to 9.9 micrograms/per liter.
E. The final effluent limitation for total silver (page 3 of 19, Part I. Section A.l.a.), has been revised from 1 micrograms/per liter as a daily maximum effective December 1, 1994 to 1.1 micrograms/per liter as a daily maximum, effective December 1, 1994.
Justification:
MDNR staff reviewed additional information concerning effluent concentrations of silver submitted by the City of Cadillac since the permit reissuance. The silver limitation is retained but reflects a rounding difference (1.1 rather than 1.0) in the most recent revision of the calculation program. The Special Condition - Demonstration Opportunity Regarding Total Silver (page 4 of 19, Part I. Section A.4.), has been included which allows the City to generate site specific water quality criteria for Total Silver, consistent with Rule 57 of the Michigan Water Quality Standards.
F. The final effluent limitation for total zinc (page 3 of 19, Part I. Section A.l.a.), has been revised from 40 micrograms/per liter effective December 1, 1994 to 95 micrograms/per liter, effective December 1, 1994.
Justification:
MDNR staff reviewed additional information concerning effluent concentrations of zinc and effluent/river water hardness levels submitted by the City of Cadillac since the permit reissuance. The revision is based upon the site specific hardness data which, consistent with Rule 57 of the Michigan Water Quality Standards, justified the change of the limit from 40 micrograms/per liter to 95 micrograms/per liter.
G. The requirement for monitoring the hardness of Wastewater Treatment Plant Effluent and the Clam River upstream and downstream of the discharge from the Wastewater Treatment Plant has been added (Page 3 of 19, Part I, Section A.l., and Special Condition-Total Hardness study Page 5 of 19, Part I, Section A.4.)
Justification:
The revisions to the final effluent limitations for copper, lead, and zinc, were based upon the site specific hardness data submitted by the permittee. Additional monitoring of the effluent and river water hardness has been required to verify the appropriateness of the hardness value developed.
H. The final effluent limitation for Chronic Toxicity (page 3 of 19, Part I. Section A.l.a.), has been revised from a 30 day average of 1.1 chronic toxic units effective December 1, 1994, to monthly monitoring, effective December 1, 1994.
Justification:
MDNR staff reviewed additional whole effluent toxicity testing data and toxicity identification evaluation submitted by the City of Cadillac since the permit reissuance. The City performed toxicant characterization evaluations on the effluent which revealed surfactants as the suspected source of toxicity, effective actions were taken to reduce the volume of surfactants discharged to the collections system. Monthly chronic toxicity monitoring has shown no chronic toxicity to Ceriodaphnia since January 1993. Based upon this information, the chronic toxicity limitation that would have been effective December 1, 1994 has been revised to monthly monitoring. The definition for chronic toxic unit, and the language triggering further toxicity monitoring or control (previously page 4 of 18, Part I. Section A.1.f.), and the Special Condition-Chronic Toxicity Biomonitoring, Plan, (previously page 5 of 18, Part I. Section A.4.), have been replaced by Special Condition - Acute and Chronic Toxicity, (page 4 of 19, Part I. Section A.3.).
I. The Sampling Type and Location (page 3 of 19, Part I. Section A.1.c.), detection levels for Lindane, Total Cadmium, Total Mercury, and Total Copper has been revised with the addition of the clause, "…, unless higher levels are appropriate because of sample matrix interference."
Justification:
This clause is consistent with 40 CFR Part 136-Guidelines Establishing Test Procedures for the Analysis of Pollutants Appendix B. (referenced at page 14 of 19, Part II Section A.3). The MDNR does not consider the revision a change to the intent of the original requirement.
J. TheSpecial Condition-Notification Requirement (page 5 of 19, Part I. Section A.5.), has been revised from requiring notification 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 . . ." to". . . obtaining any information that any activity or change has occurred or will occur which would result in the discharge of . . ."
Justification:
The change attempts to clarify the reporting responsibility of the permittee. The MDNR does not consider the revision a change to the intent of the original language.
K. The Facilities Operation (page 16 of 19, Part II, Section C.5.c.), has been revised to "Wherever possible, maintenance of the treatment facilities shall not result in the degradation of effluent quality."
Justification:
The change attempts to clarify the permittee's responsibility. The MDNR does not consider the revision a change to the intent of the original language.
L. Additional Agreements
After review and discussions it was agreed that the permit language for following contested items would remain as is.
The final effluent limitation for Ammonia Nitrogen limit for May 1 to September 30 (page 2 of 19, Part I. Section A.l.a.).
The final effluent limitation for Total Phosphorus (page 2 of 19, Part I. Section A l.a.).
The final effluent limitation for Fecal Coliform Bacteria (page 2 of 19, Part I. Section A.1.a.).
The final effluent limitation for Total Residual Chlorine (page 2 of 19, Part I. Section A.l.a.).
The percent removal clause for CBOD5and Total Suspended Solids (page 4 of 19, Part I Section A.l.e.).
The Discharge to the Groundwater clause (page 6 of 19, Part I. Section A.5.).
The Reporting requirements (page 12 of 19, Part II Section A.1.).
6. The parties respectfully request that the Administrative Law Judge submit this stipulation to the Michigan Commission of Natural Resources with a recommendation to issue a Final Decision including the issuance of the NPDES permit as set forth in Attachment A. For purposes of this stipulation only, the parties waive compliance with MCL Section 24.281 pursuant to MCL Section 24.281(4).
MICHIGAN DEPARTMENT OF NATURAL RESOURCES
By: _________________________________
JohnC. Scherbarth
Assistant Attorney General
Natural Resources Division
530 Knapps Office Centre
P.O. Box 30028
Lansing, Michigan 48909
Telephone: (517) 373-8456
CITY OF CADILLAC
By: _________________________________
Steven D. Weyhing
Miller, Canfield, Paddock and Stone
One Michigan Avenue, Suite 900
Lansing, Michigan 48933-1609
Telephone: (517) 487-2070
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"), Michigan Act 98, Public Acts of 1913, as amended, being sections 325.201 through 325.214 of the Compiled Laws of Michigan, and the Michigan Water Resources Commission Act, as amended, (Act 245, Public Acts of 1929, as amended, being sections 323.1 through 323.13 of the Compiled Laws of Michigan, the "Michigan Act"),
City of Cadillac
200 Lake Street
Cadillac, Michigan 49601
is authorized to discharge from a facility located at
Plett Road
Cadillac, Michigan 49601
designated as the Cadillac WWTP
This permit and the authorization to discharge shall expire at midnight October 1, 1997. 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 to the Permits Section 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 March 29, 1991. On its effective date this permit shall supersede NPDES Permit No. MI0020257, expiring October 1, 1991.
This permit, issued on September 17, 1992, by the Michigan Water Resources Commission and contested on November 12, 1992, by the City of Cadillac, shall become effective on the date of Final Decision of the Michigan Commission of Natural Resources. This permit constitutes the Final Decision of the Michigan Commission of Natural Resources made on ________________.
William E. McCracken
Chief, Permits Section
Surface Water Quality Division
PART I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
1. Final Effluent Limitations, Outfall 001
a. During the period beginning on effective date of permit and lasting until permit expiration date, the permitted is authorized to discharge treated municipal wastewaters from the Cadillac wastewater treatment plant through outfall 001 to the Clam River. Such discharges shall be limited and monitored by the permitted as follows:
Discharge Limitations
| Effluent
Characteristic |
Dates In
Effect |
Daily
Minimum |
Daily
Maximum |
30-Day
Average |
7-Day
Average
|
| Flow (in MGD) | All Year | -- | (report) | (report) | -- |
| Carbonaceous
Biochemical Oxygen Demand (CBOD5) |
5/1-11/30
12/1-3/31 |
--
-- |
10 mg/1
-- |
7mg/1
117 lb/day
25 mg/1 417 lb/day
|
--
167 lb/day
40mg/1 668 lb/day |
| 4/1-4/30 | -- | 30 mg/1 | 20 mg/1 | -- | |
| -- | -- | 334 lb/day | 500 lb/day | ||
| Total Suspended
Solids |
5/1-11/30 | -- | -- | 20 mg/1
334 lb/day |
30 mg/1
500 lb/day |
| 12/1-4/30 | -- | -- | 30 mg/l
500 lb/day |
45 mg/l
751 lb/day
|
|
| Ammonia
Nitrogen (as N) |
5/1-9/30 | -- | 2.0 mg/1 | 1.3 mg/1
27 lb/day |
--
33.4 lb/day |
| 10/1-11/30 | -- | 2.0 mg/1 | 3.7 mg/1
62 lb/day |
--
33.4 lb/day |
|
| 12/1-3/31 | -- | -- | 9.2 mg/1
154 lb/day |
-- | |
| 4/1-4/30 | -- | -- | 7.7 mg/1
128 lb/day |
-- | |
| Total Phosphorous (as P) | 5/1-3/31 | -- | -- | 0.5 mg/1 | -- |
| 4/1-4/30 | -- | -- | 0.65 mg/1 | -- | |
| Dissolved Oxygen | All Year | 4.0 mg/1 | -- | -- | -- |
| Fecal Coliform
Bacteria
|
All Year | -- | -- | 200/100ml | 400/100ml |
| Total Residual
Chlorine |
All Year | -- | 0.036 mg/1 | -- | -- |
| PH (standard) | All Year | 6.0 | 9.0 | -- | -- |
| Amenable Cyanide | All Year | -- | monitoring | -- | |
| Total Copper | All Year | -- | -- | monitoring | -- |
| Total Lead | All Year | -- | -- | 9.9 ug/1 | -- |
| beginning 12/1/94 | |||||
| Total Silver | All Year | -- | -- | 1.1 ug/1 | -- |
| beginning 12/1/94 | |||||
| Total Zinc | All Year | -- | -- | 95 ug/1 | -- |
| beginning 12/1/94 | |||||
| Chronic Toxicity | All Year | -- | -- | monitoring | -- |
| beginning 12/1/94 | |||||
| Total Cadmium | All Year | -- | -- | monitoring | -- |
| Total Mercury | All Year | -- | -- | monitoring | -- |
| Lindane | All Year | -- | -- | monitoring | -- |
| Total Hardness (see Section A.4.) | |||||
| Clam River
Effluent Mixed Sample |
All Year
All Year All Year |
--
-- -- |
--
-- -- |
monitoring
monitoring monitoring |
--
-- -- |
The following design flows were used in determining the above limitations, but are not to be considered limitations or actual capacities themselves: 2.0 MGD
b. Sampling Frequency - The effluent characteristics shall be measured at the following frequency: 5 times weekly, except for Total Lead, Total Silver and total Zinc which shall be measured weekly. Total Cadmium, Total Copper, Total Mercury and Lindane shall be monitored twice monthly. Chronic Toxicity and Amenable Cyanide shall be measured monthly.
c. Sampling Type and Location
(1) The sampling for CBOD5, Total Suspended Solids, Ammonia Nitrogen, Amenable Cyanide, Total Copper, Total Lead, Total Silver, Total Zinc, Chronic Toxicity, Total Cadmium, Total Mercury, Lindane and Total Phosphorus shall be 24-hour composites taken prior to disinfection. The sampling for Dissolved Oxygen, Fecal Coliform Bacteria, Total Residual Chlorine and pH shall be grab samples taken of the effluent. The detection level for Lindane, Total Cadmium, Total Mercury and Total Copper shall be respectively 0.01 ug/l, 0.2 ug/l, 0.2 ug/l and 5 ug/l, unless higher levels are appropriate because of sample matrix interference.
(2) Compliance with the Total Residual Chlorine limit shall be determined on the basis of one or more grab samples. If more than one sample per day is taken, the additional samples shall be collected in near equal intervals over at least 8 hours. The samples shall be analyzed immediately upon collection and the average reported as the daily maximum. The level of detection shall be determined for the analytical method used by following the procedures prescribed in 40 CFR 136 Appendix B. The reported level of detection shall not exceed 0.036 mg/l unless a higher level is appropriate because of sample matrix interference.
d. During the period that Fecal Coliform Bacteria limitations are in effect, the permittee shall provide adequate control and facilities to ensure continuous disinfection.
e. In addition to the CBOD5 and Total Suspended Solids limitations above, the 30-day average effluent CBOD5, and Total Suspended Solids concentrations shall not exceed 15 percent of the average influent concentrations for approximately the same period. This requirement is in effect, only, from December 1 through March 31 of each calendar year.
2. Special Condition - Demonstration Opportunity Regarding Total Silver
The permittee may conduct studies to generate site specific water quality criteria for Total Silver. If a demonstration is proposed, a plan for conducting such studies shall be submitted to and approved by the Cadillac District Supervisor of the Surface Water Quality Division prior to initiation of the studies. Based on results of the studies, final effluent limitations for Total Silver may be modified in accordance with Part II.D.4.
3. Special Condition - Acute and Chronic Toxicity Testing
To satisfy the aquatic toxicity-related requirements of Rule 82 and Rule 57 of the Michigan Water Quality Standards, the effluent from outfall 001 shall not exceed 1.0 acute toxic units (TUA) or 1.1 chronic toxic units (TUC), respectively. "Acute toxic unit" is defined as the reciprocal of the test concentration that causes the acute effect by the end of the acute exposure period. "Chronic toxic unit" is defined as the reciprocal of the effluent's maximum acceptable toxicant concentration (MATC) expressed with 100 as the numerator and the MATC as a percentage in the denominator. Maximum acceptable toxicant concentration is defined in Rule 43(q) of the Part 4 Rules of the Michigan Act.
a. On or before June 1, 1994, the permittee shall submit a biomonitoring plan outlining specific toxicity testing and reporting procedures to the Cadillac District Supervisor of the Surface Water Quality Division for approval. The plan shall include monthly chronic toxicity testing for the life of the permit on final effluent from outfall 001. Test species shall include fathead minnow and either Daphnia or Ceriodaphnia(alternate test species may be used upon approval of the Cadillac District Supervisor). After 4 months and upon approval of the Cadillac District Supervisor, the chronic toxicity tests may be performed using the more sensitive species selected from the chronic toxicity database. After 1 year and upon approval of the Cadillac District Supervisor, the toxicity monitoring frequency may be reduced if unacceptable toxicity has not been detected. Testing and reporting procedures shall follow procedures contained in EPA/600/4-89/001, "Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms", for fathead minnow and Ceriodaphnia; or ASTM E 1193-87, "Standard Guide for Conducting Renewal Life-Cycle Toxicity Tests with Daphniamagna", for Daphnia (alternate procedures may be used upon approval of the Cadillac District Supervisor). The chronic toxicity tests shall be conducted and reported such that the acute toxicity of outfall 001 can be determined. Acute toxicity and chronic toxicity data shall be included in the reporting of the toxicity test results.
b. The permittee shall implement the biomonitoring plan within 30 days after approval of the Cadillac District Supervisor.
c. The reports for the toxicity testing conducted under paragraph b. shall be submitted to the Cadillac District Supervisor within one month after completion of the final test.
d. The Surface Water Quality Division will review the toxicity data submitted by the permittee to determine if the toxicity requirements of Rule 82 and Rule 57 are being satisfied.
(1) If the aquatic toxicity requirements of Rule 82 or Rule 57 are not being met, upon written notification by the Cadillac District Supervisor, the following conditions apply:
(a) Within 90 days of the above notification, the permittee shall submit a Toxicity Identification/Reduction Evaluation (TI/RE) plan to the Cadillac District Supervisor for approval. The TI/RE plan shall include appropriate measures to comply with the toxicity requirements of Rule 82 and Rule 57, monitoring to show the effectiveness of the toxicity control measures, and a schedule to implement the plan.
(b) The permittee shall implement the approved TI/RE plan in accordance with the approved schedule.
e. This permit may be modified in accordance with Part II.D.4. to include additional whole effluent toxicity control requirements as necessary.
4. Special Condition - Total Hardness Study
The permittee shall monitor Total Hardness of the Clam River at Smith Street using grab samples, the final effluent of the wastewater treatment plant using 24-hour composite samples and a 89% effluent mix made from the above samples. This sampling shall start on issuance of the permit and continue for two years. The sampling shall be done weekly for the first year and bi-weekly for the second year. Results of the sampling shall be included in the monthly operating reports.
5. Special Condition - Notification Requirement
The permittee shall notify the Cadillac District Supervisor of the Surface Water Quality Division, in writing, within 10 days of obtaining any information, that any activity or change has occurred or will occur which would result in the discharge of:
a. Detectable levels* of chemicals on the current Michigan Critical Materials Register or priority pollutants or hazardous substances set forth in 40 CFR 122.21, Appendix D, which were not acknowledged 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.
c. 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 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 March 29, 1991.
6. Discharge to the Groundwaters
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 Act 245, Public Acts of 1929, as amended.
B. INDUSTRIAL WASTE CONTROL PROGRAM
1. The permittee shall implement the pretreatment program approved on July 23, 1985, which is incorporated as an enforceable requirement of this permit.
2. The permittee shall control pollutant discharges from Nondomestic Users consistent with the General Pretreatment Regulations for Existing and New Sources of Pollution, 40 CFR Part 403, and shall prohibit discharges that:
a. Cause, in whole or in part, the permittee's failure to comply with the effluent limitations required in Part I.A. of this permit;
b. Restrict, in whole or in part, the permittee's approved Program for Effective Residuals Management (PERM) required in Part I.C. of this permit;
c. Cause, in whole or in part, operational problems at the treatment facility or in its collection system;
d. Exceed local limits established in accordance with the approved pretreatment program;
e. Exceed Categorical Standards identified in 40 CFR 403.6 (National Pretreatment Standards: Categorical Standards) as specified in regulations pursuant to Section 307 (b) and (c) of the Act;
f. Exceed the general and specific prohibitions identified in 40 CFR 403.5 (National Pretreatment Standards: Prohibited Discharges) as specified in Part II.C.5. of this permit and in regulations pursuant to Section 307 (b) and (c) of the Act; or
g. Cause acute health or safety problems.
3. The Michigan Department of Natural Resources may require modifications in the approved pretreatment program which are necessary to maintain the above program capabilities.
4. The permittee shall not change or modify its approved pretreatment program without prior approval from the Chief of the Surface Water Quality Division except in accordance with 40 CFR 403.18 (Modification of POTW Pretreatment Programs).
5. The permittee shall develop and maintain for a minimum of three years all records and information resulting from monitoring and enforcement activities necessary to determine nondomestic user compliance with the pretreatment standards, local limits, and conditions of the approved program.
6. The permittee shall annually review the adequacy of the approved pretreatment program with respect to the regulations at 40 CFR 403 and the ability to achieve the objectives stated in Paragraph 2 (above) currently and projected into the foreseeable future. Based upon the review, the permittee shall propose any necessary changes or modifications to the approved pretreatment program for approval by the District Supervisor of the Surface Water Quality Division.
7. The permittee shall submit as required by 40 CFR 403.12(i) (Annual POTW Reports) to the Cadillac District Supervisor of the Surface Water Quality Division, beginning on April 1, 1985, and annually thereafter, a summary report on the status of program implementation and enforcement activities. The reporting period shall begin on January 1 and end on December 31. The Annual Pretreatment Summary Report shall contain the following items:
a. A listing of nondomestic users whose discharge is regulated by the conditions of the approved pretreatment program. The listing shall indicate:
(1) Additions or deletions to the nondomestic user survey, including users with significantly increased discharges. The report shall include different or increased discharges of pollutants from the POTW to the waters of the State as stated in Part II.C.I. (Management Requirements) of this permit, including the basis for these determinations;
(2) Additions or deletions to the list of toxic chemicals that potentially could be discharged to the sewer;
(3) The names of Nondomestic Users with permits or equivalent individual control mechanisms for discharge;
(4) The names of Nondomestic Users audited for compliance during the reporting period, and the status of compliance for each; and
(5) The names of Nondomestic Users in significant noncompliance with applicable pretreatment standards or other pretreatment requirements during the reporting period, and proof of publication pursuant to 40 CFR 403.8(f)(2)(vii) (Procedures).
b. A summary of compliance and enforcement for the reporting period. The summary shall list the names of all nondomestic users not in compliance with categorical standards and/or local pretreatment discharge limitations at the end of the reporting period. The following information shall be included for each name on the list:
(1) The parameters violated and their respective limits (both daily maxima and applicable averages);
(2) The number of violations;
(3) The maximum of all sample analyses which are violations during the reporting period;
(4) Pretreatment requirements if any; and
(5) Status of enforcement actions taken to return the Nondomestic User to compliance.
c. A summary of any changes proposed to the approved program. Possible changes would include:
(1) Changes to achieve the objectives stated in Part I.B.2. above;
(2) Changes to incorporate current federal regulations;
(3) Changes to legal authority including interjurisdictional agreements;
(4) Changes to procedure;
(5) Changes to funding or program resources; and
(6) Changes to local limits.
8. The permittee shall submit to the CadillacDistrict Supervisor of the Surface Water Quality Division written technical evaluations of the need to revise sewer use ordinance local limits pursuant to 40 CFR 403.5(c)(1) and 40 CFR 122.21(j)(4). The first evaluation shall be submitted on or before June 1, 1993. The need to revise sewer use ordinance local limits shall be re-evaluated and a written technical evaluation submitted on or before April 1, 1996.
C. PROGRAM FOR EFFECTIVE RESIDUALS MANAGEMENT
In addition to the requirements in Part II.C.7. in this permit, the permittee shall provide for the effective management and/or disposal of residuals, i.e., solids, sludges, ash, grit and other substances removed from or resulting from treatment of the wastewater. Residuals disposal shall be accomplished in such manner and at such locations that the disposal practices shall not result in unlawful pollution of the air, surface waters or ground waters of the state nor create nuisance conditions. Such management and/or disposal program shall be set forth in a "Program for Effective Residuals Management" prepared by the permittee.
The program shall include:
(1) a management plan (treatment, transportation, storage, disposal, contingency plans);
(2) an inventory of residuals production, storage, and disposal for a period of at least one year;
(3) an analysis of the residuals;
(4) a monitoring program;
(5) if land application is proposed, include site maps, soil analyses, application rates, proposed vegetation and other pertinent information; and
(6) if groundwater degradation potential exists, include a hydrogeologic study.
A program has previously been submitted to and approved by the Cadillac District Supervisor of the Surface Water Quality Division. The permittee shall certify that current and future residuals management practices are in accordance with the approved program or the permittee shall submit proposed modifications to the approved program. The program certification or proposed modifications shall be submitted to and receive the approval of the Cadillac District Supervisor of the Surface Water Quality Division on or before April 1, 1993.
Disposal of residuals resulting from the treatment of wastewater shall be in accordance with the previously approved program until proposed modifications are approved. If at any time the permittee desires to make any substantial changes in the approved program, the proposed changes shall be submitted to and approved by the Cadillac District Supervisor of the Surface Water Quality Division prior to implementation. Substantial changes shall include, but not be limited to: a change in disposal method or site; a change in treatment method; a change in storage method or site; a change in monitoring parameters or monitoring frequency; an increase in application rate; or a change in residuals quantity or characteristics. Any residual disposal inconsistent with the approved program shall be considered a violation of this permit.
D. SCHEDULE OF COMPLIANCE
1. Reapplication
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 Chief of the Permits Section of the Surface Water Quality Division on or before April 1, 1997.
2. Written Notification Required
Within 14 days of every requirement date specified in this permit, the
permittee shall submit a
writtennotification to the Cadillac 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
the 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.
PART II
A. REPORTING, DEFINITIONS, AND MONITORING
1. Reporting
The permittee shall effectively monitor the operation of all processes comprising the treatment and control facilities. Monitoring data required by this permit and other data required by the Surface Water Quality Division shall be tabulated and summarized on a calendar month basis. Discharge Monitoring Reports, on forms supplied by the Surface Water Quality Division, shall be mailed to the address below, postmarked no later than the tenth (10th) of the first month following the report period.
Department of Natural Resources
SWQD - Data Entry
P.O. Box 30028
Lansing, Michigan 48909
2. Definitions
a. 30-Day Average Concentration
The 30-day average concentration is defined as the sum of the concentrations of the individual samples divided by the number of samples taken during a calendar month. If the pollutant concentration in any sample is less than the detection limit, regard that value as zero where calculating monthly average concentration. The 30-day average concentration for fecal coliform bacteria is defined as the geometric meanof the samples collected in a calendar month.
b. 7-Day Average Concentration
The 7-day average concentration is defined as the sum of the concentrations of the individual samples divided by the number of samples taken during any 7 consecutive day period of a calendar month. The exception to this is the 7-day average concentration for fecal coliform bacteria. This is defined as the geometric meanof the samples collected in any 7 consecutive day period of a calendar month.
c. 30-Day Average Load
The 30-day average load is defined as the sum of the weights of pollutants discharged on sampling days divided by the number of sampling days during a calendar month.
d. 7-Day Average Load
The 7-day average load is defined as the sum of the weights of pollutants discharged on sampling days divided by the number of sampling days during any 7 consecutive days in a calendar month.
e. Maximum Concentration
The maximum concentration is defined as the maximum concentration of a pollutant in any individual sample.
f. Maximum Load
The maximum load is defined as the maximum weight of a pollutant discharged in any single day.
g. 24-Hour Composite Sample
24-hour composite sample is defined as a flow proportioned composite sample consisting of hourly or more frequent portions.
h. Grab Sample
Grab sample is defined as a single sample of wastewater taken at neither set time nor flow.
i. Nondomestic User
A nondomestic user is defined as any discharger to the permittee's treatment works that discharges wastes other than or in addition to water-carried wastes from toilet, kitchen, laundry, bathing or other facilities used for household purposes.
j. Significant Industrial User
A significant industrial user is defined as a nondomestic user that:
(1) is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or
(2) discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the permittee as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's treatment plant operation or violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
k. Interference
Interference is defined as a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA", and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
1. National Pretreatment Standards
National Pretreatment Standards are defined as the regulations promulgated by or to be promulgated by the Federal Environmental Protection Agency pursuant to Section 307(b) and (c) of the Act. The standards establish nationwide limits for specific industrial categories for discharge to Publicly Owned Treatment Works.
m. Pretreatment
Pretreatment is defined as reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties to a less harmful state prior to discharge into a public sewer. The reduction or alteration can be by physical, chemical, or biological processes, process changes, or by other means. Dilution is not considered pretreatment unless expressly authorized by an applicable National Pretreatment Standard for a particular industrial category.
n. Water Quality Standards
The Water Quality Standards are defined as Part 4 of the General Rules of the Michigan Water Resources Commission promulgated by authority of Sections 2 and 5 of the Michigan Act.
3. Monitoring
a. The analytical test procedures used shall conform to the rules and regulations promulgated under Section 304(h) of the "Act" (Title 40, Chapter 1, Subchapter D., Part 136-Guidelines Establishing Test Procedures for the Analysis of Pollutants). Copies are available from the Surface Water Quality Division on request. For parameters not covered by the regulations, test procedures shall be submitted for approval to the Chief of the Permits Section of the Surface Water Quality Division.
b. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals to ensure accuracy of measurements.
c. Fecal Coliform Bacteria analysis, at facilities using chlorine for disinfection, shall be performed on "grab" samples collected at varying times during an operating day. Information derived therefrom shall be correlated with chlorine residual levels, flow rate, and loading variations for the purpose of minimizing chlorine use, while maintaining compliance with the effluent limitations.
4. 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 measurement or sampling;
b. The person(s) who performed the measurement or sample collection;
c. The dates the analyses were performed;
d. The person(s) who performed the analyses;
e. The analytical techniques or methods used;
f. The date of and person responsible for equipment calibration; and
g. The results of all required analyses.
5. Additional Monitoring by Permittee
If the permittee monitors any pollutant more frequently than required by this permit, using approved analytical methods as specified above, the results shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report.
6. Records Retention
All records and information resulting from the monitoring activities required by this permit, including all record 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 Surface Water Quality Division or the Regional Administrator.
B. PERMIT PROGRAM ADMINISTRATION
1. Michigan Water Resources Commission
The Michigan Water Resources Commission has been designated the authority to administer the NPDES permit program in the State of Michigan.
2. Regional Administrator
Where used within this permit, the term Regional Administrator shall mean the Administrator, U.S. Environmental Protection Agency-Region V, 230 South Dearborn Street, Chicago, Illinois, 60604.
3. N.P.D.E.S.
NPDES is defined as the National Pollutant Discharge Elimination System pursuant to Section 402 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq, P.L. 92-500, 95-217).
4. Surface Water Quality Division
The Surface Water Quality Division of the Michigan Department of Natural Resources provides the staff for the administration of the NPDES program by the Michigan Water Resources Commission. Reports, notifications, and questions regarding this permit or the NPDES program should be addressed to the Cadillac District Supervisor of the Surface Water Quality Division.
C. MANAGEMENT REQUIREMENTS
1. Change in Discharge
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. Any anticipated significant loading increase, facility expansions, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application to the Chief of the Permits Section of the Surface Water Quality Division or, if such changes will not violate the effluent limitations specified in this permit, by notice to the Cadillac District Supervisor of the Surface Water Quality Division of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited.
2. Containment Facilities
The permittee shall provide facilities for containment of any accidental losses of concentrated solutions, acids, alkalies, salts, oils, or other polluting materials. These facilities shall be approved under Act 98, Public Acts of 1913, as amended, and in accordance with the requirements of the Michigan Water Resources Commission Rules, Part 5.
3. Operator Certification
The permittee shall have the waste treatment facilities under the direct supervision of an operator certified by the Michigan Department of Natural Resources as required by Regulations Governing the Certification of Sewage Treatment Works Operators in accordance with Act 98, Public Acts of 1913, as amended (R 299.2911-R 299.2927).
4. Noncompliance Notification
If, for any reason, the permittee does not comply with or will be unable to comply with any condition specified in this permit, the permittee shall provide the Cadillac District Supervisor of the Surface Water Quality Division and the Regional Administrator with the following information, in writing, at the time of submittal of the monthly operating data:
a. a description of the circumstances 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 steps being taken to reduce, eliminate and prevent recurrence of the noncompliance.
5. Facilities Operation
All waste collection, control, treatment and disposal facilities shall be operated in a manner consistent with the following:
a. At all times, all facilities shall be operated and maintained in an efficient and responsible manner.
b. The permittee shall provide an adequate operating staff which is qualified to carry out the operation, maintenance and testing functions required to ensure compliance with this permit.
c. Wherever possible, maintenance of treatment facilities shall not result in degradation of effluent quality.
d. Under no circumstances shall the permittee allow introduction of the following wastes into the waste treatment system:
(1) Wastes which create or can create a fire or explosion hazard - defined as being greater than 20% of the lower explosive limit (LEL) for the substance;
(2) Wastes which create or cause corrosive structural damage;
(3) Wastes with a pH lower than 5.0 or greater than 11.0;
(4) Solid or viscous substances in amounts which cause obstructions to the flow in collecting or intercepting sewers or interference with the proper operation of the treatment works;
(5) Any pollutant, including oxygen demanding substances released in a discharge of such volume or strength which causes interference in the treatment works; or
(6) Heat in such amounts that biological activity is inhibited at the treatment works resulting in interference. The discharge of heat must be regulated so that the temperature at the treatment works influent does not exceed 40°C (104°F).
6. Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse impact to waters of the state resulting from noncompliance with this permit. Such steps may include accelerated or additional monitoring as necessary to determine the nature and impact of the noncompliance.
7. Waste Treatment Residues
Solids, sludges, ashes, filter backwash, scrubber water, or other pollutants resulting from the treatment or control of wastewaters shall be disposed in an environmentally compatible manner. Such disposal shall not result in any unlawful pollution of the air, surface waters or groundwaters of the state. Additional monitoring may be required to confirm the adequacy of disposal.
8. By-passing or Accidental Losses
Any diversion from or by-pass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where unavoidable to prevent loss of life, severe property damage, extended duration process upset, or (ii) where excessive flow would damage any facilities necessary for compliance with the effluent limitations of this permit. The permittee shall promptly notify the Surface Water Quality Division of any such by-pass, or any accidental loss of pollution materials by telephone at 1-800-292-4706. Such notice shall be supplemented by a written report submitted within five (5) days to the Cadillac District Supervisor of the Surface Water Quality Division, detailing the cause of such diversion, by-pass, or loss, and the corrective actions taken to minimize adverse impacts and eliminate the cause for future diversion, by-pass or loss .
9. Power Failures
In order to maintain compliance with the effluent limitations and prevent unauthorized discharges, the permittee shall:
a. Provide alternative power or equipment sufficient to operate essential facilities utilized by the permittee to comply with this permit in accordance with Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability published by the Federal Environmental Protection Agency (EPA 430-99-74-001), or
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 this permit, the permittee shall halt, reduce or otherwise control all discharges in order to maintain compliance with the effluent limitations and conditions of this permit.
D. RESPONSIBILITIES
1. Right of Entry
The permittee shall allow the Michigan Water Resources Commission, the Regional Administrator and/or their authorized representatives, upon presentation of 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 ownership or control 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 this letter shall be forwarded to the Cadillac District Supervisor of the Surface Water Quality Division and the Regional Administrator 30 days prior to the actual transfer of ownership or control.
3. Availability of Reports
All reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Surface Water Quality Division 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, Sections 7 and 10 of the Michigan Act, and Sections 8 and 13 of Act 98, Public Acts of 1913, as amended.
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 not limited to, the following:
a. violation of any terms or conditions of this permit;
b. obtaining this permit by misrepresentation or failure to disclose fully all relevant facts;
c. a change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or
d. the establishment of a toxic effluent standard or prohibition under Section 307(a) of the Act more stringent than any limitation in this permit.
5. Civil and Criminal Liability
Except as provided in permit conditions on "By-passing" (Part II.C.8.), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance.
6. 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 any injury to private property or any invasion of personal rights, nor infringement of Federal, State or local laws or regulations.
7. Facility Construction
This permit does not authorize or approve the construction or modification of any physical structures or facilities. Approval for such construction must be by permit issued under Act 98, Public Acts of 1913, as amended.
8. 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, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit, shall not be affected
thereby.
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"), Michigan Act 98, Public Acts of 1913, as amended, being sections 325.201 through 325.214 of the Compiled Laws of Michigan, and the Michigan Water Resources Commission Act, as amended, (Act 245, Public Acts of 1929, as amended, being sections 323.1 through 323.13 of the Compiled Laws of Michigan, the "Michigan Act"),
City of Cadillac
200 Lake Street
Cadillac, Michigan 49601
is authorized to discharge from a facility located at
Plett Road
Cadillac, Michigan 49601
designated as the Cadillac WWTP
to the receiving water named the Clam River in accordance with effluent limitations, monitoring requirements and other conditions set forth in this permit.
This permit takes effect on January 1, 1993. Any person who feels aggrieved by this permit may file a sworn petition with the Executive Secretary of the Michigan Water Resources Commission, setting forth the conditions of the permit which are being challenged and specifying the grounds for the challenge. The Commission may reject 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 terms shall be stayed until the Commission takes its final action. If a contested condition is a requirement placed on wastewater covered by a new or increased discharge authorization, such increased discharge authorization shall be stayed until the Commission 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 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 authorization to discharge shall expire at midnight October 1, 1997. 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 to the Permits Section 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 March 29, 1991. On its effective date this permit shall supersede NPDES Permit No. MI0020257, expiring October 1, 1991, which is hereby revoked.
Issued this 17thday of September, 1992, by the Michigan
Water Resources Commission.
Paul D. Zugger
Executive Secretary
PART I
A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
1. Final Effluent Limitations, Outfall 001
a. During the period beginning on effective date of permit and lasting until permit expiration date, the permitted is authorized to discharge treated municipal wastewaters from the Cadillacwastewater treatment plant through outfall 001 to the Clam River. Such discharges shall be limited and monitored by the permittee as follows:
Discharge Limitations
| Effluent
Characteristic |
Dates In
Effect |
Daily
Minimum |
Daily
Maximum |
30-Day
Average |
7-Day
Average
|
| Flow (in MGD) | All Year | -- | (report) | (report) | -- |
| Carbonaceous
Biochemical Oxygen Demand (CBOD5) |
5/1-11/30
12/1-3/31 |
--
-- |
10 mg/1
-- |
7mg/1
117 lb/day
25 mg/1 417 lb/day |
--
167 lb/day
40mg/1 668 lb/day |
| 4/1-4/30 | -- | 30 mg/1 | 20 mg/1 | -- | |
| -- | -- | 334 lb/day | 500 lb/day | ||
| Total Suspended
Solids |
5/1-11/30 | -- | -- | 20 mg/1
334 lb/day |
30 mg/1
500 lb/das |
| 12/1-4/30 | -- | -- | 30 mg/1
500 lb/day |
45 mg/1
751 lb/day |
|
| Ammonia
Nitrogen (as N) |
5/1-9/30 | -- | 2.0 mg/1 | 1.3 mg/1
27 lb/day |
--
33.4 lb/day |
| 10/1-11/30 | -- | 2.0 mg/1 | 3.7 mg/1
62 lb/day |
--
33.4 lb/day |
|
| 12/1-3/31 | -- | -- | 9.2 mg/1
154 lb/day |
-- | |
| 4/1-4/30 | -- | -- | 7.7 mg/1
128 lb/day |
-- | |
| Total Phosphorous (as P) | 5/1-3/31 | -- | -- | 0.5 mg/1 | -- |
| 4/1-4/30 | -- | -- | 0.65 mg/1 | -- | |
| Dissolved Oxygen | All Year | 4.0 mg/1 | -- | -- | -- |
| Fecal Coliform
Bacteria |
All Year | -- | -- | 200/100ml | 400/100ml |
| Total Residual
Chlorine |
All Year | -- | 0.036 mg/1 | -- | -- |
| PH (standard units) | All Year | 6.0 | 9.0 | -- | -- |
| Amenable Cyanide | 10/1-4/30 | -- | 47 ug/1 | 5 ug/1 | -- |
| 5/1-9/30 | -- | 92 ug/1 | 5 ug/1 | -- | |
| Total Copper | All Year | -- | -- | 8 ug/1 | -- |
| Beginning 12/1/94 | |||||
| Total Lead | All Year | -- | -- | 2 ug/1 | -- |
| Beginning 12/1/94 | |||||
| Total Silver | All Year | -- | -- | 1.1 ug/1 | -- |
| beginning 12/1/94 | |||||
| Total Zinc | All Year | -- | -- | 4 ug/1 | -- |
| beginning 12/1/94 | |||||
| Chronic Toxicity | All Year | -- | -- | 1.1 TUc | -- |
| beginning 12/1/94 | |||||
| Total Cadmium | All Year | -- | -- | monitoring | -- |
| Total Mercury | All Year | -- | -- | monitoring | -- |
| Lindane | All Year | -- | -- | monitoring | -- |
The following design flows were used in determining the above limitations, but are not to be considered limitations or actual capacities themselves: 2.0 MGD
b. Sampling Frequency - The effluent characteristics shall be measured at the following frequency: 5 times weekly, except for Amenable Cyanide, Total Copper, Total Lead, Total Silver and total Zinc which shall be measured weekly. Total Cadmium, Total Mercury and Lindane shall be monitored twice monthly. Chronic Toxicity shall be measured monthly.
c. Sampling Type and Location
(1) The sampling for CBOD5 Total Suspended Solids, Ammonia Nitrogen, Amenable Cyanide, Total Copper, Total Lead, Total Silver, Total Zinc, Chronic Toxicity, Total Cadmium, Total Mercury, Lindane and Total Phosphorus shall be 24-hour composites taken prior to disinfection. The sampling for Dissolved Oxygen, Fecal Coliform Bacteria, Total Residual Chlorine and pH shall be grab samples taken of the effluent. The detection level for Lindane, Total Cadmium and Total Mercury shall be respectively 0.01 ug/l, 0.2 ug/l and 0.2 ug/l.
(2) Compliance with the Total Residual Chlorine limit shall be determined on the basis of one or more grab samples. If more than one sample per day is taken, the additional samples shall be collected in near equal intervals over at least 8 hours. The samples shall be analyzed immediately upon collection and the average reported as the daily maximum. The level of detection shall be determined for the analytical method used by following the procedures prescribed in 40 CFR 136 Appendix B. The reported level of detection shall not exceed 0.036 mg/l unless a higher level is appropriate because of sample matrix interference.
d. During the period that Fecal Coliform Bacteria limitations are in effect, the permittee shall provide adequate control and facilities to ensure continuous disinfection.
e. In addition to the CBOD5 and Total Suspended Solids limitations above, the 30-day average effluent CBOD5and Total Suspended Solids concentrations shall not exceed 15 percent of the average influent concentrations for approximately the same period. This requirement is in effect, only, from December 1 through March 31 of each calendar year.
f. TUC means chronic toxic unit. The term "chronic toxic unit" is defined as the reciprocal of the effluent's maximum acceptable toxicant concentration (MATC) expressed with 100 as the numerator and the MATC as a percentage in the denominator. Maximum acceptable toxicant concentration is defined in Rule 43(q) of the Part 4 Rules of the Michigan Water Resources Commission.
The permittee shall conduct chronic toxicity tests on the discharge from outfall 001 according to the procedures outlined in the approved biomonitoring plan as specified in Part I.A.4. of this permit.
(1) When any one monitoring event shows an exceedance of the 1.1 TUC limit for effluent toxicity, the Cadillac District Supervisor will determine whether the permittee must implement the toxicity control program requirements specified in (2) below.
(2) Upon written notification by the Cadillac District Supervisor, the following conditions apply:
(a) Within 90 days of the above notification, the permittee shall submit a Toxicity Identification/Reduction Evaluation (TI/RE) plan to the Cadillac District Supervisor. The TI/RE plan shall include appropriate measures to comply with the final chronic toxicity limit of 1.1 TUC, monitoring to show the effectiveness of the toxicity control measures, and a schedule to implement the plan.
(b) The permittee shall implement the TI/RE plan in accordance with the schedule contained in the plan.
2. Special Condition - Notification Requirement
The permittee shall notify the Cadillac District Supervisor of the Surface 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:
a. Detectable levels* of chemicals on the current Michigan Critical Materials Register or priority pollutants or hazardous substances set forth in 40 CFR 122.21, Appendix D, which were not acknowledged 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.
c. 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 Detection Limit (MDL) as given in Appendix B to Part 136, Federal Registers Vol. 49, No. 209, October 26, 1984, pp. 43430-31.
**The application submitted on March 29, 1991.
3. Discharge to the Groundwaters
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 Act 245, Public Acts of 1929, as amended.
4. Special Condition - Chronic Toxicity Biomonitoring Plan
On or before July 1, 1993, the permittee shall submit a biomonitoring plan outlining specific chronic toxicity testing and reporting procedures to the Cadillac District Supervisor of the Surface Water Quality Division for approval. The plan shall include chronic toxicity tests on two test species using final effluent from outfall 001. Following approval of the biomonitoring plan, the permittee shall conduct chronic toxicity testing as specified in Part I.A.l. Test species shall include fathead minnow and either Ceriodaphnia or Daphnia magna(alternate test species may be used upon approval of the Cadillac District Supervisor). After one year of toxicity testing and upon approval of the Cadillac District Supervisor, the chronic toxicity tests may be performed using the more sensitive species selected from the chronic toxicity database. If a more sensitive species cannot be identified, the chronic toxicity tests shall be performed with both species. Testing and reporting procedures stall follow procedures contained in EPA/600/4-89/001, "Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms", for fathead minnow and Ceriodaphnia;or ASTM E 1193-87, "'Standard Guide for Conducting Renewal Life-Cycle Toxicity Tests with Daphniamagna", for Daphnia(alternate procedures may be used upon approval of the Cadillac District Supervisor). The chronic toxicity tests shall be conducted and reported such that the acute toxicity of outfall 001 can be determined. Acute toxicity data shall be included in the reporting of the chronic toxicity test results.
B. INDUSTRIAL WASTE CONTROL PROGRAM
1. The permittee shall implement the pretreatment program approved on July 23, 1985, which is incorporated as an enforceable requirement of this permit.
2. The permittee shall control pollutant discharges from Nondomestic Users consistent with the General Pretreatment Regulations for Existing and New Sources of Pollution, 40 CFR Part 403, and shall prohibit discharges that:
a. Cause, in whole or in part, the permittee's failure to comply with the effluent limitations required in Part I.A. of this permit;
b. Restrict, in whole or in part, the permittee's approved Program for Effective Residuals Management (PERM) required in Part I.C. of this permit;
c. Cause, in whole or in part, operational problems at the treatment facility or in its collection system;
d. Exceed local limits established in accordance with the approved pretreatment program;
e. Exceed Categorical Standards identified in 40 CFR 403.6 (National Pretreatment Standards: Categorical Standards) as specified in regulations pursuant to Section 307 (b) and (c) of the Act;
f. Exceed the general and specific prohibitions identified in 40 CFR 403.5 (National Pretreatment Standards: Prohibited Discharges) as specified in Part II.C.5. of this permit and in regulations pursuant to Section 307 (b) and (c) of the Act; or
g. Cause acute health or safety problems.
3. The Michigan Department of Natural Resources may require modifications in the approved pretreatment program which are necessary to maintain the above program capabilities.
4. The permittee shall not change or modify its approved pretreatment program without prior approval from the Chief of the Surface Water Quality Division except in accordance with 40 CFR 403.18 (Modification of POTW Pretreatment Programs).
5. The permittee shall develop and maintain for a minimum of three years all records and information resulting from monitoring and enforcement activities necessary to determine nondomestic user compliance with the pretreatment standards, local limits, and conditions of the approved program.
6. The permittee shall annually review the adequacy of the approved pretreatment program with respect to the regulations at 40 CFR 403 and the ability to achieve the objectives stated in Paragraph 2 (above) currently and projected into the foreseeable future. Based upon the review, the permittee shall propose any necessary changes or modifications to the approved pretreatment program for approval by the District Supervisor of the Surface Water Quality Division.
7. The permittee shall submit as required by 40 CFR 403.12(i) (Annual POTW Reports) to the Cadillac District Supervisor of the Surface Water Quality Division, beginning on April 1, 1985, and annually thereafter, a summary report on the status of program implementation and enforcement activities. The reporting period shall begin on January 1 and end on December 31. The Annual Pretreatment Summary Report shall contain the following items:
a. A listing of nondomestic users whose discharge is regulated by the conditions of the approved pretreatment program. The listing shall indicate:
(1) Additions or deletions to the nondomestic user survey, including users with significantly increased discharges. The report shall include different or increased discharges of pollutants from the POTW to the waters of the State as stated in Part II.C.I. (Management Requirements) of this permit, including the basis for these determinations;
(2) Additions or deletions to the list of toxic chemicals that potentially could be discharged to the sewer;
(3) The names of Nondomestic Users with permits or equivalent individual control mechanisms for discharge;
(4) The names of Nondomestic Users audited for compliance during the reporting period, and the status of compliance for each; and
(5) The names of Nondomestic Users in significant noncompliance with applicable pretreatment standards or other pretreatment requirements during the reporting period, and proof of publication pursuant to 40 CFR 403.8(f)(2)(vii) (Procedures).
b. A summary of compliance and enforcement for the reporting period. The summary shall list the names of all nondomestic users not in compliance with categorical standards and/or local pretreatment discharge limitations at the end of the reporting period. The following information shall be included for each name on the list:
(1) The parameters violated and their respective limits (both daily maxima and applicable averages);
(2) The number of violations;
(3) The maximum of all sample analyses which are violations during the reporting period;
(4) Pretreatment requirements, if any; and
(5) Status of enforcement actions taken to return the Nondomestic User to compliance.
c. A summary of any changes proposed to the approved program. Possible changes would include:
(1) Changes to achieve the objectives stated in Part I.B.2. above;
(2) Changes to incorporate current federal regulations;
(3) Changes to legal authority including interjurisdictional agreements;
(4) Changes to procedure;
(5) Changes to funding or program resources; and
(6) Changes to local limits.
8. The permittee shall submit to the CadillacDistrict Supervisor of the Surface Water Quality Division written technical evaluations of the need to revise sewer use ordinance local limits pursuant to 40 CFR 403.5(c)(1) and 40 CFR 122.21(j)(4). The first evaluation shall be submitted on or before June 1, 1993. The need to revise sewer use ordinance local limits shall be re-evaluated and a written technical evaluation submitted on or before April 1, 1996.
C. PROGRAM FOR EFFECTIVE RESIDUALS MANAGEMENT
In addition to the requirements in Part II.C.7. in this permit, the permittee shall provide for the effective management and/or disposal of residuals, i.e., solids, sludges, ash, grit and other substances removed from or resulting from treatment of the wastewater. Residuals disposal shall be accomplished in such manner and at such locations that the disposal practices shall not result in unlawful pollution of the air, surface waters or ground waters of the state nor create nuisance conditions. Such management and/or disposal program shall be set forth in a "Program for Effective Residuals Management" prepared by the permittee.
The program shall include:
(1) a management plan (treatment, transportation, storage, disposal, contingency plans);
(2) an inventory of residuals production, storage, and disposal for a period of at least one year;
(3) an analysis of the residuals;
(4) a monitoring program;
(5) if land application is proposed, include site maps, soil analyses, application rates, proposed vegetation and other pertinent information; and
(6) if groundwater degradation potential exists, include a hydrogeologic study.
A program has previously been submitted to and approved by the Cadillac District Supervisor of the Surface Water Quality Division. The permittee shall certify that current and future residuals management practices are in accordance with the approved program or the permittee shall submit proposed modifications to the approved program. The program Certification or proposed modifications shall be submitted to and receive the approval of the Cadillac District Supervisor of the Surface Water Quality Division on or before April 1, 1993.
Disposal of residuals resulting from the treatment of wastewater shall be in accordance with the previously approved program until proposed modifications are approved. If at any time the permittee desires to make any substantial changes in the approved program, the proposed changes shall be submitted to and approved by the Cadillac District Supervisor of the Surface Water Quality Division prior to implementation. Substantial changes shall include, but not be limited to: a change in disposal method or site; a change in treatment method; a change in storage method or site; a change in monitoring parameters or monitoring frequency; an increase in application rate; or a change in residuals quantity or characteristics. Any residual disposal inconsistent with the approved program shall be considered a violation of this permit.
D. SCHEDULE OF COMPLIANCE
1. Reapplication
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 Chief of the Permits Section of the Surface Water Quality Division on or before April 1, 1997.
2. Written Notification Required
Within 14 days of every requirement date specified in this permit, the permittee shall submit a writtennotification to the Cadillac 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 the permittee to correct the situation, and an estimate of when the requirement shall be accomplished. If a written report is required to be submitted by a specified date and the permitted accomplishes this, a separate written notification is not required.
PART II
A. REPORTING, DEFINITIONS, AND MONITORING
1. Reporting
The permittee shall effectively monitor the operation of all processes comprising the treatment and control facilities. Monitoring data required by this permit and other data required by the Surface Water Quality Division shall be tabulated and summarized on a calendar month basis. Discharge Monitoring Reports, on forms supplied by the Surface Water Quality Division, shall be mailed to the address below, postmarked no later than the tenth (10th) of the first month following the report period.
Department of Natural Resources
SWQD - Data Entry
P.O. Box 30028
Lansing, Michigan 48909
2. Definitions
a. 30-Day Average Concentration
The 30-day average concentration is defined as the sum of the concentrations of the individual samples divided by the number of samples taken during a calendar month. If the pollutant concentration in any sample is less than the detection limit, regard that value as zero when calculating monthly average concentration. The 30-day average concentration for fecal coliform bacteria is defined as the geometric mean of the samples collected in a calendar month.
b. 7-Day Average Concentration
The 7-day average concentration is defined as the sum of the concentrations of the individual samples divided by the number of samples taken during any 7 consecutive day period of a calendar month. The exception to this is the 7-day average concentration for fecal coliform bacteria. This is defined as the geometric meanof the samples collected in any 7 consecutive day period of a calendar month.
c. 30-Day Average Load
The 30-day average load is defined as the sum of the weights of pollutants discharged on sampling days divided by the number of sampling days during a calendar month.
d. 7-Day Average Load
The 7-day average load is defined as the sum of the weights of pollutants discharged on sampling days divided by the number of sampling days during any 7 consecutive days in a calendar month.
e. Maximum Concentration
The maximum concentration is defined as the maximum concentration of a pollutant in any individual sample.
f. Maximum Load
The maximum load is defined as the maximum weight of a pollutant discharged in any single day.
g. 24-Hour Composite Sample
24-hour composite sample is defined as a flow proportioned composite sample consisting of hourly or more frequent portions.
h. Grab Sample
Grab sample is defined as a single sample of wastewater taken at neither set time nor flow.
i. Nondomestic User
A nondomestic user is defined as any discharger to the permittee's treatment works that discharges wastes other than or in addition to water-carried wastes from toilet, kitchen, laundry, bathing or other facilities used for household purposes.
j. Significant Industrial User
A significant industrial user i:, defined as a nondomestic user that:
(1) is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter 1, Subchapter N; or
(2) discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the permittee as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's treatment plant operation or violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6)).
k. Interference
Interference is defined as a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.
1. National Pretreatment Standards
National Pretreatment Standards are defined as the regulations promulgated by or to be promulgated by the Federal Environmental Protection Agency pursuant to Section 307(b) and (c) of the Act. The standards establish nationwide limits for specific industrial categories for discharge to Publicly Owned Treatment Works.
m. Pretreatment
Pretreatment is defined as reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties to a less harmful state prior to discharge into a public sewer. The reduction or alteration can be by physical, chemical, or biological processes, process changes, or by other means. Dilution is not considered pretreatment unless expressly authorized by an applicable National Pretreatment Standard for a particular industrial category.
n. Water Quality Standards
The Water Quality Standards are defined as Part 4 of the General Rules of the Michigan Water Resources Commission promulgated by authority of Sections 2 and 5 of the Michigan Act.
3. Monitoring
a. The analytical test procedures used shall conform to the rules and regulations promulgated under Section 304(h) of the "Act" (Title 40, Chapter 1, Subchapter D., Part 136-Guidelines Establishing Test Procedures for the Analysis of Pollutants). Copies are available from the Surface Water Quality Division on request. For parameters not covered by the regulations, test procedures shall be submitted for approval to the Chief of the Permits Section of the Surface Water Quality Division.
b. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals to ensure accuracy of measurements.
c. Fecal Coliform Bacteria analyses, at facilities using chlorine for disinfection, shall be performed on "grab" samples collected at varying times during an operating day. Information derived therefrom shall be correlated with chlorine residual levels, flow rate, and loading variations for the purpose of minimizing chlorine use, while maintaining compliance with the effluent limitations.
4. 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 measurement or sampling;
b. The person(s) who performed the measurement or sample collection;
c. The dates the analyses were performed;
d. The person(s) who performed the analyses;
e. The analytical techniques or methods used;
f. The date of and person responsible for equipment calibration; and
g. The results of all required analyses.
5. Additional Monitoring by Permittee
If the permittee monitors any pollutant more frequently than required by this permit, using approved analytical methods as specified above, the results shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report.
6. 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 instrumentation, shall be retained for a minimum of three (3) years or longer if requested by the Surface Water Quality Division or the Regional Administrator.
B. PERMIT PROGRAM ADMINISTRATION
1. Michigan Water Resources Commission
The Michigan Water Resources Commission has been designated the authority to administer the NPDES permit program in the State of Michigan.
2. Regional Administrator
Where used within this permit, the term Regional Administrator shall mean the Administrator, U.S. Environmental Protection Agency-Region V, 230 South Dearborn Street, Chicago, Illinois, 60604.
3. N.P.D.E.S.
NPDES is defined as the National Pollutant Discharge Elimination System pursuant to Section 402 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq, P.L. 92-500, 95-217).
4. Surface Water Quality Division
The Surface Water Quality Division of the Michigan Department of Natural Resources provides the staff for the administration of the NPDES program by the Michigan Water Resources Commission. Reports, notifications, and questions regarding this permit or the NPDES program should be addressed to the Cadillac District Supervisor of the Surface Water Quality Division.
C. MANAGEMENT REQUIREMENTS
1. Change in Discharge
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. Any anticipated significant loading increase, facility expansions, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application to the Chief of the Permits Section of the Surface Water Quality Division or, if such changes will not violate the effluent limitations specified in this permit, by notice to the Cadillac District Supervisor of the Surface Water Quality Division of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited.
2. Containment Facilities
The permittee shall provide facilities for containment of any accidental losses of concentrated solutions, acids, alkalies, salts, oils, or other polluting materials. These facilities shall be approved under Act 98, Public Acts of 1913, as amended, and in accordance with the requirements of the Michigan Water Resources Commission Rules, Part 5.
3. Operator Certification
The permittee shall have the waste treatment facilities under the direct supervision of an operator certified by the Michigan Department of Natural Resources as required by Regulations Governing the Certification of Sewage Treatment Works Operators in accordance with Act 98, Public Acts of 1913, as amended (R 299.2911-R 299.2927).
4. Noncompliance Notification
If, for any reason, the permittee does not comply with or will be unable to comply with any condition specified in this permit, the permittee shall provide the Cadillac District Supervisor of the Surface Water Quality Division and the Regional Administrator with the following information, in writing, at the time of submittal of the monthly operating data:
a. a description of the circumstances 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 steps being taken to reduce, eliminate and prevent recurrence of the noncompliance.
5. Facilities Operation
All waste collection, control, treatment and disposal facilities shall be operated in a manner consistent with the following:
a. At all times, all facilities shall be operated and maintained in an efficient and responsible manner.
b. The permittee shall provide an adequate operating staff which is qualified to carry out the operation, maintenance and testing functions required to ensure compliance with this permit.
c. Maintenance of treatment facilities shall not result in degradation of effluent quality.
d. Under no circumstances shall the permittee allow introduction of the following wastes into the waste treatment system:
(1) Wastes which create or can create a fire or explosion hazard - defined as being greater than 20% of the lower explosive limit (LEL) for the substance;
(2) Wastes which create or cause corrosive structural damage;
(3) Wastes with a pH lower than 5.0 or greater than 11.0;
(4) Solid or viscous substances in amounts which cause obstructions to the flow in collecting or intercepting sewers or interference with the proper operation of the treatment works;
(5) Any pollutant, including oxygen demanding substances released in a discharge of such volume or strength which causes interference in the treatment works; or
(6) Heat in such amounts that biological activity is inhibited at the treatment works resulting in interference. The discharge of heat must be regulated so that the temperature at the treatment works influent does not exceed 40°C (104°F).
6. Adverse Impact
The permittee shall take all reasonable steps to minimize any adverse impact to waters of the state resulting from noncompliance with this permit. Such steps may include accelerated or additional monitoring as necessary to determine the nature and impact of the noncompliance.
7. Waste Treatment Residues
Solids, sludges, ashes, filter backwash, scrubber water, or other pollutants resulting from the treatment or control of wastewaters shall be disposed in an environmentally compatible manner. Such disposal shall not result in any unlawful pollution of the air, surface waters or groundwaters of the state. Additional monitoring may be required to confirm the adequacy of disposal.
8. By-passing or Accidental Losses
Any diversion from or by-pass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where unavoidable to prevent loss of life, severe property damage, extended duration process upset, or (ii) where excessive flow would damage any facilities necessary for compliance with the effluent limitations of this permit. The permittee shall promptly notify the Surface Water Quality Division of any such by-pass, or any accidental loss of pollution materials by telephone at 1-800-292-4706. Such notice shall be supplemented by a written report submitted within five (5) days to the Cadillac District Supervisor of the Surface Water Quality Division, detailing the cause of such diversion, by-pass, or loss, and the corrective actions taken to minimize adverse impacts and eliminate the cause for future diversion, by-pass or loss.
9. Power Failures
In order to maintain compliance with the effluent limitations and prevent unauthorized discharges, the permittee shall:
a. Provide alternative power or equipment sufficient to operate essential facilities utilized by the permittee to comply with this permit in accordance with Design Criteria for Mechanical, Electric, and Fluid System and Component Reliability published by the Federal Environmental Protection Agency (EPA 430-99-74-001), or
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 this permit, the permittee shall halt, reduce or otherwise control all discharges in order to maintain compliance with the effluent limitations and conditions of this permit.
D. RESPONSIBILITIES
1. Right of Entry
The permittee shall allow the Michigan Water Resources Commission, the Regional Administrator and/or their authorized representatives, upon presentation of 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 ownership or control 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 this letter shall be forwarded to the Cadillac District Supervisor of the Surface Water Quality Division and the Regional Administrator 30 days prior to the actual transfer of ownership or control.
3. Availability of Reports
All reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Surface Water Quality Division 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, Sections 7 and 10 of the Michigan Act, and Sections 8 and 13 of Act 98, Public Acts of 1913, as amended.
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 not limited to, the following:
a. violation of any terms or conditions of this permit;
b. obtaining this permit by misrepresentation or failure to disclose fully all relevant facts;
c. a change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or
d. the establishment of a toxic effluent standard or prohibition under Section 307(a) of the Act more stringent than any limitation in this permit.
5. Civil and Criminal Liability
Except as provided in permit conditions on "By-passing" (Part II.C.8.), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance.
6. 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 any injury to private property or any invasion of personal rights, nor infringement of Federal, State or local laws or regulations.
7. Facility Construction
This permit does not authorize or approve the construction or modification of any physical structures or facilities. Approval for such construction must be by permit issued under Act 98, Public Acts of 1913, as amended.
8. 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, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit, shall not be affected
thereby.