IN THE MATTER OF:

The City of Jackson Waste Water Treatment Plant

NPDES No. MI 0023256
 
 

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 Jackson Waste Water Treatment Plant, 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 Jackson Waste Water Treatment Plant.  The Stipulation was signed by the Parties and accepted in a Proposal for Decision signed by William C. Fulkerson, Administrative Law Judge, on February 17, 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
 
 

Mrs. Karen Scott,
Executive Secretary
Natural Resources Commission
P.O. Box 30028
Lansing, Michigan 48909

RE:       NPDES [Act 245] Appeal
           of Jackson Waste Water
            Treatment Plant
            NPDES No. MI 0023256

Dear Mrs. Scott:

I am forwarding the complete record together with a proposed Stipulation of the Parties in the above matter for a Final Decision by the Natural Resources Commission.

Please place this matter on the agenda, the Parties have waived the filing of exceptions, but would like Notice of the meeting to be present should the Natural Resource Commission require further information.

Very truly yours,

William C. Fulkerson
Administrative Law Judge
WCF/ih

Enclosure

c:          Michael L. Robinson, Warner, Norcross & Judd, 111 Lyon Street, N.W. #900, Grand Rapids, Michigan 49503-2489

            Sharon H. Whitmer, Assistant Attorney General, Environmental Protection Division, P.O. Box 30212, Lansing, Michigan 48909

            Patricia Brandt, Michigan Department of Natural Resources, Surface Water Quality Division, P.O. Box 30028, Lansing, Michigan 48909

IN THE MATTER OF:

THE CITY OF JACKSON WWTP                                                    NPDES NO. MI 0023256

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:  February 17, 1994

                                                                                    William C. Fulkerson
                                                                                    Administrative Law Judge

IN THE MATTER OF:

THE CITY OF JACKSON                                                           NPDES Permit No. MI 0023752
                                                            /

The staff of the Michigan Department of Natural Resources and the City of Jackson, Michigan, by their respective undersigned attorneys, hereby stipulate to the settlement of the contested NPDES Permit issued to the City of Jackson 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 Jackson on January 18, 1990 authorizing a discharge from a facility located at 2995 Lansing Avenue, Jackson, Michigan 49202, designated as the Jackson WWTP, to the receiving water named the Grand River in accordance with effluent limitations, monitoring requirements and other conditions set forth in the permit.

2.         The City of Jackson contested the NPDES permit on January 18, 1990.

3.         By the signing and filing of this Stipulation, the parties stipulate that the revisions to Sections A.l.a., A.l.b., A.l.c., A.l.f., A.2., A.3., A.4., A.5., A.6., A.8., A.9.a., A.9.b., A.9.c., B.4., and B.7.a. represent a final resolution of all asserted matters and asserted grounds for the contested case in the City of Jackson's Petition for Contested Case Hearing; and further, the parties stipulate to the issuance of the entire proposed NPDES permit in the form set forth in Attachment A.

4.         The Sections contained in the original NPDES permit issued January 18, 1990 are attached as Attachment B.

5.         Concurrently, with the final issuance of the permit set forth in Attachment A, the Administrative Consent Order set forth in Attachment C which relates to the meeting and completion of tasks contained in Section A.9.c. of the modified permit, Attachment A, shall be entered.

6.         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 justification for each change set forth below:

A.        Change No. 1:

The first page of the permit has been replaced by a final decision page.  The proposal for decision issued by the Administrative Law Judge will be presented to the appropriate issuing party for final decision.  The permit will be effective upon signing.  Also, the right for filing a contested case hearing is removed.

Justification:

The permit as proposed will be part of the proposal for decision.  If accepted as a final decision it would be subject to direct review as provided by law.

B.         Change No. 2:

The dates in effect for the Fecal Coliform Bacteria limit of Section A.l.a. have been changed to all year.

Justification:

The relaxation of the Fecal Coliform Bacteria limit in the previous permit was for maintenance requirements in the existing facility.  The city of Jackson is presently adding additional facilities which will not require the April maintenance starting in 1994.

C.        Change No. 3:

The Total Zinc limit of Section A.l.a., in effect until April 1, 1990, has been removed.

Justification:

The Total Zinc limit in effect at this time is included.

D.        Change No. 4:

The Total Nickel limit of Section A.l.a. has been changed to quarterly monitoring.

Justification:

Michigan Department of Natural Resources (MDNR) staff reviewed new data submitted by the City of Jackson since the permit reissuance which, consistent with Rule 57 of the Michigan Water Quality Standards, justified the reduction of the Total Nickel requirement to quarterly monitoring.

E.         Change No. 5:

Total Copper, Total Lead, Hexavalent Chromium and trichloroethylene quarterly monitoring requirements have been included in Section A.l.a.

Justification:

MDNR staff reviewed new data submitted by the City of Jackson since the permit reissuance which, consistent with Rule 57 of the Michigan Water Quality Standards, justified the addition of these new quarterly monitoring requirements.

F.         Change No. 6:

The Chronic "Toxicity limit taking effect on April 1, 1994 in Section A.l.a. has been removed.

Justification:

MDNR staff reviewed new data submitted by the City of Jackson since the permit reissuance which indicated that the limit could be removed for the remainder of this permit, but required continued quarterly monitoring.

G.        Change No. 7:

The language of A.l.a.(l) has been changed to reflect the previously approved biomonitoring plan.

The language of A.1.1a.(2) has been changed to reflect the removal of the chronic toxicity limit and to add an effective date.

The language of A.l.a.(3)(i) has been changed to reflect the removal of the chronic toxicity limit.

The toxicity demonstration provision A.l.a.(4) has been removed.

Justification:

Consistent with the MDNR review of the additional testing submitted by the City of Jackson, the language changes reflect the removal of the chronic toxicity limit, and the City of Jackson has agreed to the removal of the demonstration language.

H.        Change No. 8:

Adjustments have been made to the Sampling Frequency, Section A.l.b. and Sampling Type, Section A.1.c.

Justification:

This reflects the changes and additions to the metals and organic monitoring requirements, includes dissolved oxygen which was previously not included by oversight, and changes the monitoring location to after disinfection in accordance with the approved monitoring methods for the facility.

I.          Change No. 9:

The Demonstration opportunity for Total Cadmium, Zinc and Nickel, Section A.l.f., has been removed.

Justification:

Since reissuance of the permit, the City of Jackson has submitted additional data in accordance with the demonstration opportunity which resulted in changes to the monitoring requirements of the permit.

J.          Change No. 10:

The Special Condition - Chronic Toxicity Testing, Section A.2., has been removed.

Justification:

The City of Jackson has submitted, obtained MDNR approval, and has implemented its Chronic Toxicity Testing.

K.        Change No. 11:

The Special Condition - Chronic Toxicity Identification/Reduction Evaluation Plan, (TI/RE), Section A.3., has been removed.

Justification:

MDNR staff have reviewed additional data submitted by the City of Jackson which requires the continuation of Chronic Toxicity monitoring but removes the present concern for a Chronic Toxicity limit and a TI/RE.

L.         Change No. 12:

The Special Condition - Mercury Monitoring, Section A.4., has been removed.

Justification:

MDNR staff have reviewed additional data and documentation submitted by the City of Jackson indicating that this possible source of Mercury has been removed from the system since reissuance of the permit.

M.        Change No. 13:

The Special Condition - Chlorinated Dibenzo-p-Dioxins (CDDs) and Chlorinated Dibenzo-Furans (CDFs) Monitoring, Section A.5., has been removed.

Justification:

The City of Jackson has submitted documentation and MDNR staff has verified that the possible source f or CDDs and CDFs has been removed from the sewer system since the reissuance of the permit.

N.        Change No. 14:

The Special Condition - Short Term Waste Characterization Study, Section A.6., has been removed.

Justification:

This sampling has been completed by the City of Jackson, and was submitted for review and approval to the MDNR staff.  The MDNR staff recommended the addition of a quarterly monitoring requirement for total copper, total lead hexavalent chromium and trichloroethylene which has the agreement of the City of Jackson.

O.        Change No. 15:

The Demonstration Opportunity Regarding Whole Effluent Toxicity, Section A.8., has been removed.

Justification:

This is consistent with the removal of the Chronic Toxicity limit from the permit.

P.         Change No. 16:

The Sewer Systems Overflows Limited Discharge Authorization for Outfall 004, Section A.9.a., has been removed.

Justification:

The City of Jackson has indicated that this outfall has been closed and this has been verified by MDNR staff.

Q.        Change No 17:

The Sewer Systems Overflows Interim Sewer Overflow Control Program, Section A.9.b., date of completion has been added.

Justification:

The City of Jackson has submitted the Interim Program which was reviewed and approved by the MDNR staff.

R.         Change No. 18:

The Sewer Overflow Correction Plan, Section A.9.c., has been rewritten in its entirety.

Justification:

The section has been replaced to reflect the Sewer Overflow Correction Plan that has been submitted by the City of Jackson and approved by the MDNR staff.  The completion dates of this section are also included in a parallel Administrative Consent Order which includes penalties if completion dates are missed.

S.         Change No. 19:

The Industrial Waste Control Program implementation language, Section B.4., has been changed.

Justification:

A USEPA approved wording change has been included which reduces the need for modifications to the permit to incorporate changes in the Industrial Waste Control Program required by changes in federal regulation.

T.         Change No. 20:

The Industrial Waste Control Program update to the annual listing of nondomestic users whose discharge is regulated by the conditions of the approved pretreatment program, Section B.7.a.(2), has been changed to include additions or deletions to the list that the permittee knows or should know could potentially be discharged to the sewers.

Justification:

The language change clarified the reporting responsibilities and retained the intent of the MDNR.

U.        Change No. 21:

The Program or Effective Residuals Management program certification requirement has been changed to "completed March 25, 1991", Section C.

Justification:

As required in the permit, this program was sent to MDNR staff by the City of Jackson for its review and approval.  This was completed and approved by MDNR staff on March 25, 1991.

V.        Change No. 22:

The Industries Pretreatment Program Modification Required date has been changed to completed "December 21, 1991", Section D.3.

Justification:

As required in the permit, this program modification was sent to MDNR staff by the City of Jackson for its review and approval.  This was completed and approved on December 21, 1991.

W.       Additional Agreements

The Cadmium limit of the current permit was contested.  After review of additional data submitted by the City of Jackson it was agreed the current cadmium limit would remain for the remainder of the permit.

The total residual chlorine limit of the current permit was contested.  After review it was agreed that the concern was with the year round fecal coliform bacteria limitation.  The concern regarding fecal coliform bacteria was resolved (change No. 2).

7.         The parties respectfully request that the Administrative Law Judge convey this stipulation to the Michigan Natural Resources Commission for final agency action on the permit attached as Attachment A.  For purposes of this stipulation only, the parties waive compliance with Section 81 of the Administrative Procedures Act pursuant to MCL 24.281(4).  The parties stipulate that this agreement is based on the files and records of the Michigan Department of Natural Resources.  The parties further understand and agree that the Administrative Consent Order  which  relates to meeting tasks and completion  dates  for  the Sewer Overflow Correction
Plan, Section A.9.c. which is set forth in Attachment C, shall be entered concurrently with final issuance of this permit.
 

MICHIGAN DEPARTMENT OF NATURAL RESOURCES
 
 
 
 

By:

Sharon H. Whitmer (P 27244)
Assistant Attorney General
Environmental Protection Division
P.O. Box 30212
Lansing, Michigan 48909
Telephone: (517) 373-7780
 

CITY OF JACKSON
 
 
 
 

By:

Jon P. Bachelder (P 25414)
Warner, Norcross & Judd
900 Old Kent Building
111 Lyon Street, N.W.
Grand Rapids, Michigan 49503-2489
Telephone: (616) 459-6121

In compliance with the provisions o:7 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, Michigan Act 245, Public Acts of 1929, as amended, being sections 323.1 through 323.13 of the Compiled Laws of Michigan, (the "Michigan Act"), and Michigan Executive Order 1991-31.

is authorized to discharge from a facility located at

to the receiving water named the Grand River in accordance with effluent limitations, monitoring requirements; and other conditions set forth in this permit.
 
 

This permit and the authorization to discharge shall expire at midnight October 1, 1994.  In order to receive authorization to discharge beyond the date of expiration, the permittee shall submit such information and forms as are required by the Michigan Department of Natural Resources to the Permits Section of the Surface Water Quality Division no later that 180 days prior to the date of expiration.
 
 

This permit is based on an application submitted on August 17, 1988.  On its effective date, this permit shall supersede NPDES Permit No. MI0023256, expiring August 31, 1989.  This reissuance does not supersede or in any way effect Final Order of Abatement No. 2142 entered on August 24, 1989.
 
 

This permit, issued on January 18, 1990 by the Michigan Water Resources Commission and contested on January 16, 1990 by the City of Jackson, shall become effective on the date of the 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
 
 

Note:  Pursuant to Michigan Executive Order 1991-31, all references in this permit to the Michigan Water Resources Commission now refer to the Michigan Department of Natural Resources, except those related to contested case hearings, which now refer to the Michigan Commission of Natural Resources.
 

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 the permit expiration date, the permittee is authorized to discharge treated municipal wastewaters from the Jackson wastewater treatment plant through outfall 001 to the Grand River.  Such discharges shall be limited and monitored by the permittee as follows:
 
 

	Discharge Limitations
Effluent  Characteristics	Dates in  Effect	Daily  Minimum	Daily  Maximum	30-Day  Average	7-Day  Average
Flow (in MGD)	All Year	--	--	Monitoring Only	--
Carbonaceous  Biochemical  Oxygen Demand  (CBOD5)	6/1-9/30          10/1-11/30	--          --	10 mg/1          10 mg/1	4 mg/1  634 lb/d      7 mg/1  1109 lb/d	--  1585 lb/d      --  1585 lb/d
	12/1-4/30	--	17 mg/1	--	--  2694 lb/d
	5/1-5/31	--	10 mg/1	7 mg/1  1109 lb/d	--  1585 lb/d
Total Suspended  Solids	5/1-11/30	--	--	20 mg/1  3169 lb/d	30 mg/1  4753 lb/d
	12/1-4/30	--	--	30 mg/1  4753 lb/d	45 mg/1  7130 lb/d
Ammonia  Nitrogen (as N)	6/1-9/30	--	2 mg/1	0.5 mg/1  79 lb/d	317 lb/d
	10/1-11/30	--	3.5 mg/1	--	--  555 lb/d
	12/1-4/30	--	15 mg/1	10.6 mg/1  1680 lb/d	--  2377 lb/d
	5/1-5/31	--	5.6 mg/1	--	--  887 lb/d
Total  Phosphorus (as P)	All Year	--	--	1 mg/1	--
Dissolved Oxygen	All Year	6 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	6.4	9.0	--	--
Total Cadmium	All Year	--	--	0.9 ug/1	--
Total Zinc	All Year	--	1530 ug/1	218 ug/1	--
Total Nickel	All Year	--	--	Quarterly Monitoring  Jan/Apr/Jul/Oct	--
Total Copper	All Year	--	--	Quarterly Monitoring  Jan/Apr/Jul/Oct	--
Total Lead	All Year	--	--	Quarterly Monitoring  Jan/Apr/Jul/Oct	--
Hexavalent  Chromium	All Year	--	--	Quarterly Monitoring  Jan/Apr/Jul/Oct	--
Trichloroethylene	All Year	--	--	Quarterly Monitoring  Jan/Apr/Jul/Oct	--
Chronic Toxicity      (TUc) *	All Year	--	--	Quarterly Monitoring  Jan/Apr/Jul/Oct	--

The following design flows were used in determining the above limitations, but are not to be considered limitations or actual capacities themselves:  19 MGD

* TU_c 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.

(1)        The permittee shall conduct chronic toxicity tests on the discharge from outfall 001 according to the procedures for Ceriodaphnia dubia and previously validated test methods.

(2)        If any one monitoring event after July 1, 1993 shows effluent toxicity greater than 1.1 TU_c, the permittee shall increase the frequency of toxicity testing to twice monthly for a period of two months.  The results of these tests shall be submitted to the Jackson District Supervisor within 28 days of the completion of the final test.  The Chief of the Surface Water Quality Division will determine whether the permittee must complete the toxicity control program requirements specified in (3) below; or if the permittee may return to the quarterly frequency for measuring the chronic toxicity in the outfall 001 effluent.  Any determination by the Chief of the Surface Water Quality Division that the Permittee must complete the requirements of (3) below shall be considered a final agency determination subject to the appeal provisions of §631 of the Revised Judicature Act, MCL 600.631.

(3)        Upon written notification by the Chief of the Surface Water Quality Division, the following conditions apply:

            (i)         Within 90 days of the above notification, the permittee shall submit a toxicity identification/reduction evaluation (TI/RE) plan to the Chief of the Surface Water Quality Division for approval.  The TI/RE plan shall include appropriate measures to comply with the toxicity requirements of Rule 57, monitoring to show the effectiveness of the toxicity control measures, and a schedule to implement the plan.

            (ii)        The permittee shall implement the approved TI/RE plan in accordance with the schedule approved by the Jackson District Supervisor.

b.         Sampling Frequency - The effluent characteristics shall be measured at the following frequency:  All parameters shall be measured daily except Cadmium, and Zinc shall be measured 2 times weekly; Nickel, Lead, Copper, Hexavalent Chromium, trichloroethylene and Chronic toxicity shall be monitored quarterly during the months of January, April, July and October.

c.         Sampling Type

(1)        The sampling for CBOD₅, Total Suspended Solids, Ammonia Nitrogen, Cadmium, Zinc, Nickel, Lead, Copper, Hexavalent Chromium, Total Phosphorus, and chronic toxicity shall be 24-hour composites take after disinfection.

Fecal Coliform Bacteria, Total Residual Chlorine, Dissolved Oxygen, trichloroethylene and pH shall be grab samples taken of the effluent.

(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.

e.         Demonstration Opportunity Regarding Total Residual Chlorine

(1)        Final Acute Value - The permittee may demonstrate to the Michigan Water Resources Commission that a total residual chlorine limitation greater than the final acute value of 0.036 mg/l is acceptable under the Water Quality Standards.  Such demonstration may establish that:  a) fish cannot physically inhabit the zone where concentrations of total residual chlorine are greater than 0.036 mg/l, b) toxicity tests, using species and/or water more representative of the discharge point, result in a higher final acute value, c) there is extremely high and immediate dilution, or d) other rationale warrants a less restrictive limitation for total residual chlorine.

(2)        Compliance Deadline - The permittee may demonstrate to the Michigan Water Resources Commission that it is necessary and appropriate to postpone the effective date of the total residual chlorine limitation considering the present efficiency of disinfection, age of chlorination equipment and the economic and technical feasibility of compliance.

(3)        Demonstration Notification - The permittee shall notify the Jackson District Supervisor of the Surface Water Quality Division if a demonstration under (1) or (2) above will be attempted.  The notification shall include a work plan for completion of the demonstration.  The effective date of the total residual chlorine limitation shall not be stayed pending the demonstration project.  All submittals shall be directed to the Jackson District Supervisor of the Surface Water Quality Division.

2.         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.

3.         Sewer System Overflows

a.         Limited Discharge Authorization

The permittee is required to utilize, to the maximum extent practicable, available sewerage system transportation capabilities for the delivery of sewage to treatment facilities.  For an interim period during which the final sewer overflow correction plan is to be implemented, the permittee is authorized to discharge sewage flows in response to rainfall or snowmelt conditions when total available transportation and treatment capabilities are exceeded from the outfalls and locations listed below:

      OUTFALL                   LOCATION                                                 RECEIVING WATERS

002                       Glick and Hupp                                                            Grand River

003                       Michigan and Mechanic                                                Grand River

005                       Wildwood and Brown                                                  Grand River

006                       Washington and Francis                                                Grand River

provided, however, that nothing in this paragraph shall be construed to limit the State of Michigan's ability to recover damages resulting from such discharges.

b.         Interim Sewer Overflow Control Program

1)         On or before (completed 10/19/90), the permittee shall designate an operations and maintenance manager to be in responsible charge of the wastewater collection system and serve as the contact person for department personnel regarding sewer discharges.  The permittee may replace the manager at any time and shall notify the Jackson District Supervisor of the Surface Water Quality Division within ten days after the replacement.

2)         The permittee shall notify the Jackson District Supervisor of the Surface Water Quality Division of Sewer Overflow discharge events in accordance with the notification procedures approved by the District Supervisor.

c.         Sewer Overflow Correction Plan

1)         The permittee shall implement its Sewer Overflow Correction Plan as submitted August 4, 1993 and approved by the Jackson District Supervisor of the Surface Water Quality Division on August 13, 1993.

2)         The Sewer Overflow Correction Plan shall be completed as described in the Overflow Correction Task Schedule including but not limited to the following task and schedule:

a.         Outfall 004 located at Michigan and Brown has been physically closed and discharges from the outfall are prohibited.

b.         Complete excessive flow removal and rehabilitation to sewers tributary to outfall 002 located at Glick and Hupp on or before December 31, 1996.  Beginning January 1, 1997 discharges from outfall 002 are prohibited.

c.         Complete excessive flow removal and rehabilitation to sewers tributary to outfall 003 located at Michigan and Mechanic on or before December 31, 1997.  Beginning January 1, 1998 discharges from outfall 003 are prohibited.

d.         Complete excessive flow removal and rehabilitation to sewers tributary to outfall 005 located at Wildwood and Brown on or before December 31, 1997.  The City shall submit by January 1, 1994 to the Jackson District Supervisor of the Surface Water Quality Division a written technical evaluation of the need to revise interjurisdictional agreements with Jackson County and/or Blackman Township to assure completion of the necessary tasks to eliminate the overflow.  Beginning January 1, 1998 discharges from outfall 005 are prohibited.

e.         Complete excessive flow removal and rehabilitation to sewers tributary to outfall 006 located at Washington and Francis on or before December 31, 1997.  Beginning January 1, 1998 discharges from outfall 006 are prohibited.

3)         The permittee shall submit a progress report by December 31, 1993 and semi-annually thereafter (June 30, December 31), that summarizes the activities undertaken.  Such activities shall include:

a.         identification of tasks completed.

b.         estimates of effectiveness of inflow removal.

c.         identification of further actions necessary.

d.         monitoring program results

1.         documentation of rainfall, and frequency duration and volume of discharge events.

2.         verification of rainfall intensity and overflow volume parabolic or other relationship.

B.         INDUSTRIAL WASTE CONTROL PROGRAM

1.         The permittee shall implement the pretreatment program approved by the Michigan Department of Natural Resources on April 10, 1985, including any subsequent program modifications approved by the Department in accordance with 40 CFR 403.18, which are incorporated as enforceable requirements of this permit.

2.         The permittee shall assure that pollutant discharges from nondomestic sources are controlled consistent with 40 CFR 403 and do not:

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; or

e.         Exceed Federal Pretreatment Standards as identified in the Federal Pretreatment Regulations (40 CFR 403.5) and in regulations pursuant to Section 307(b) and (c) of the Act.

3.         The Department of Natural Resources may require modifications in the approved pretreatment program consistent with state and federal regulations 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 Program).

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 Jackson District Supervisor of the Surface Water Quality Division.

7.         The permittee is required to submit to the Jackson District Supervisor of the Surface Water Quality Division, annually on August 1, a summary report on the status of program implementation and enforcement activities.  The Annual Pretreatment Summary Report shall contain:

a.         A listing of nondomestic users whose discharge is regulated by the conditions of the approved pretreatment program, to include:

(1)        Additions or deletions to the nondomestic user survey, including users with significantly increased discharges;

(2)        Additions or deletions to the list of toxic chemicals that the permittee potentially knows or should know could potentially be discharged to the sewer;

(3)        The names of users with permits or contracts for discharge;

(4)        The names of users audited for compliance during the reporting period, and the status of compliance for each; and

(5)        The names of users which were in significant violation of applicable pretreatment standards or other pretreatment requirements during the reporting period, and proof of publication pursuant to 40 CFR 403.8(f)(2)(vii).

b.         A summary of the enforcement actions taken and status of compliance by nondomestic users to include:

(1)        Names of nondomestic users not in compliance with categorical standards and/or local pretreatment discharge limitations, and

(2)        Status of enforcement actions taken to return these facilities to compliance.

c.         A summary of any changes proposed or made to the approved program including those resulting from the annual review conducted under Paragraph 6 (above), changes in legal authority, any procedures which were previously approved by the Department of Natural Resources (including those used to establish local limits), service areas, monitoring programs, staffing, or funding.

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 Jackson 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 Jackson District Supervisor of the Surface Water Quality Division on or before (completed 3-25-91).

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 Jackson 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, 1994.

2.         Written Report Required

Within 14 days of every submittal requirement date specified in Part I.D. in this permit, the permittee shall submit a written report to the Jackson District Supervisor of the Surface Water Quality Division stating whether or not the particular task was accomplished.  If the task was not accomplished, the report shall also include: an explanation of the failure to accomplish the task, actions taken by the permittee to correct the situation, and an estimate of when the task will be accomplished.

If the task requires submission of a written report and the task was accomplished, a separate written report is not required.

3.         Industrial Pretreatment Program Modification Required

The permittee shall develop and submit written procedures which adequately:

a.         specify a frequency or schedule for the permittee to sample and inspect industrial users as required by 40 CFR 403.8(F)(2)(v);

b.         notify industrial users of applicable pretreatment standards, including categorical standards, and applicable requirements established under the Resource Conservation and Recovery Act (RCRA) Subtitles C and D as required by 40 CFR 403.8(f)(2)(iii);

c.         specify the interjurisdictional actions regarding right of first enforcement, receipt and review of industrial user reports, and updating the industrial waste survey as required by 40 CFR 403.8(f)(1), 403.8(f)(2)(iv) and 403.8(f)(2)(i).

d.         specify the enforcement management plan which will be followed when industrial users violate pretreatment standards and/or requirements pursuant to 40 CFR 403.9(b)(iii) and 403.8(f)(2)(vii).

e.         specify procedures for maintaining an updated industrial user inventory (40 CFR 403.8(f)(2)(i)), and waste characterization (40 CFR 403.8(f) (ii)).

f.          specify procedures for receiving and analyzing self monitoring reports (40 CFR 403.8(f)(2)(iv)).

g.         specify public participation procedures (40 CFR 403.8(f)(2)(vii)).  In addition, the program shall specify a particular month for public notice of significant violations.

These procedures shall be submitted as an Industrial Pretreatment Program modification to the Jackson District Supervisor on or before (completed 12-21-91).
 
 

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 mean of 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.          Major User

A major user is defined as a nondomestic user that:

(1)        discharges more than 25,000 gallons per average working day to the permittee's treatment works; or

(2)        discharges any toxic or hazardous materials such as, but not limited to, those listed on the Federal EPA List of Priority Pollutants and Michigan Critical Materials Register (for a copy of either list, contact the Surface Water Quality Division); or

(3)        discharges any substance that may cause interference with the operation of the treatment works, and is considered to be of significance to the overall treatment and disposal processes.

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: 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.

l.          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 of Results

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

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

b.         the dates the analyses were performed;

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

d.         the analytical techniques or methods used; and

e.         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 that 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 Jackson 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 Jackson 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 Jackson 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;

(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 Jackson 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 Jackson 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.
 
 

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"),

is authorized to discharge from a facility located at

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 the permit expiration date, the permittee is authorized to discharge treated municipal wastewaters from the Jackson wastewater treatment plant through outfall 001 to the Grand River.  Such discharges shall be limited and monitored by the permittee as follows:
 
 

	Discharge Limitations
Effluent  Characteristics	Dates in  Effect	Daily  Minimum	Daily  Maximum	30-Day  Average	7-Day  Average
Flow (in MGD)	All Year	--	--	Monitoring Only	--
Carbonaceous  Biochemical  Oxygen Demand  (CBOD5)	6/1-9/30          10/1-11/30	--          --	10 mg/1          10 mg/1	4 mg/1  634 lb/d      7 mg/1  1109 lb/d	--  1585 lb/d      --  1585 lb/d
	12/1-4/30	--	17 mg/1	--	--  2694 lb/d
	5/1-5/31	--	10 mg/1	7 mg/1  1109 lb/d	--  1585 lb/d
Total Suspended  Solids	5/1-11/30	--	--	20 mg/1  3169 lb/d	30 mg/1  4753 lb/d
	12/1-4/30	--	--	30 mg/1  4753 lb/d	45 mg/1  7130 lb/d
Ammonia  Nitrogen (as N)	6/1-9/30	--	2 mg/1	0.5 mg/1  79 lb/d	317 lb/d
	10/1-11/30	--	3.5 mg/1	--	--  555 lb/d
	12/1-4/30	--	15 mg/1	10.6 mg/1  1680 lb/d	--  2377 lb/d
	5/1-5/31	--	5.6 mg/1	--	--  887 lb/d
Total  Phosphorus (as P)	All Year	--	--	1 mg/1	--
Dissolved Oxygen	All Year	6 mg/1	--	--	--
Fecal Coliform  Bacteria	All Year             --  except for 3 weeks during  the month of April while  maintaining chlorine contact tank		--	200/100ml	400/100ml
	All Year             --  beginning 1/1/94		--	200/100ml	400/100ml
Total  Residual  Chlorine	All Year	--	0.036 mg/1	--	--
pH (standard             units)	All Year	6.4	9.0	--	--
Total Cadmium	All Year	--	--	0.9 ug/1	--
Total Zinc	All Year	--	--	235 ug/1	--
	All Year             --  beginning 4/1/90		1530 ug/1	218 ug/1	--
Total Nickel	All Year	--	1000 ug/1	183 ug/1
Chronic Toxicity      (TUc) *	All Year	--	--	Quarterly Monitoring  Jan/Apr/Jul/Oct	--
	All Year             --  beginning 4/1/94		--	1.1 TUc	--

The following design flows were used in determining the above limitations, but are not to be considered limitations or actual capacities themselves: 19 MGD

* TU_c 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.  See Part I Section A.2 and A.3.

(1)        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.2 of this permit.

(2)        Subsequent to the effective date of the TU_c limitation, if any one monitoring event shows effluent toxicity greater than the 1.1 TU_c limit, the permittee shall increase the frequency of toxicity testing to twice monthly for a period of two months.  The results of these tests shall be submitted to the Jackson District Supervisor within 28 days of the completion of the final test.  The Chief of the Surface Water Quality Division will determine whether the permittee must complete the toxicity control program requirements specified in (3) below; or if the permittee may return to the quarterly frequency for measuring the chronic toxicity in the outfall 001 effluent.

(3)        Upon written notification by the Chief of the Surface Water Quality Division, the following conditions apply:

(i)         Within 90 days of the above notification, the permittee shall submit a toxicity identification/reduction evaluation (TI/RE) plan to the Chief of the Surface Water Quality Division for approval.  The TI/RE plan shall include appropriate measures to comply with the final chronic toxicity limit of 1.1 TU_c, monitoring to show the effectiveness of the toxicity control measures, and a schedule to implement the plan.

(ii)        The permittee shall implement the approved TI/RE plan in accordance with the schedule approved by the Jackson District Supervisor.

(4)        The Commission acknowledges that the permittee does not agree with the basis for the effluent limitation for chronic toxicity set forth above, and Special Condition I.A.3., "Chronic Toxicity Identification/Reduction Evaluation Plan".  The permittee may make a demonstration to the Commission that less stringent whole effluent toxicity requirements will provide adequate protection to meet water quality standards.  The Commission shall makes its decision relative to such demonstration through the process of permit modification, which is subject to adjudication proceedings.

b.         Sampling Frequency - The effluent characteristics shall be measured at the following frequency:

All parameters shall be measured daily except cadmium, zinc and nickel.  Cadmium, zinc and nickel shall be measured 2 times weekly.  Chronic toxicity shall be monitored quarterly during the months of January, April, July and October.

c.         Sampling Type

(1)        The sampling for CBOD₅, Total Suspended Solids, Ammonia Nitrogen, Cadmium, Zinc, Nickel, Total Phosphorus, and chronic toxicity shall be 24-hour composites taken prior to disinfection.

Fecal Coliform Bacteria, Total Residual Chlorine and pH shall be grab samples taken of the effluent.

(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.         Demonstration Opportunity Regarding Total Residual Chlorine

(1)        Final Acute Value - The permittee may demonstrate to the Michigan Water Resources Commission that a total residual chlorine limitation greater than the final acute value of 0.036 mg/l is acceptable under the Water Quality Standards.  Such demonstration may establish that: a) fish cannot physically inhabit the zone where concentrations of total residual chlorine are greater than 0.036 mg/l, b) toxicity tests, using species and/or water more representative of the discharge point, result in a higher final acute value, c) there is extremely high and immediate dilution, or d) other rationale warrants a less restrictive limitation for total residual chlorine.

(2)        Compliance Deadline - The permittee may demonstrate to the Michigan Water Resources Commission that it is necessary and appropriate to postpone the effective date of the total residual chlorine limitation considering the present efficiency of disinfection, age of chlorination equipment and the economic and technical feasibility of compliance.

(3)        Demonstration Notification - The permittee shall notify the Jackson District Supervisor of the Surface Water Quality Division if a demonstration under (1) or (2) above will be attempted.  The notification shall include a work plan for completion of the demonstration.  The effective date of the total residual chlorine limitation shall not be stayed pending the demonstration project.  All submittals shall be directed to the Jackson District Supervisor of the Surface Water Quality Division.

f.          Demonstration Opportunity Regarding Total Cadmium, Zinc and Nickel

The permittee may demonstrate to the Michigan Water Resources Commission that a total cadmium, zinc or nickel imitation greater than the value listed in the final effluent limitations is acceptable under the Water Quality Standards.  Such a demonstration may establish that:  a) fish cannot physically inhabit the zone where concentrations of total cadmium, zinc or nickel are greater than the listed limit, b) toxicity tests, using species and/or water more representative of the discharge point, result in higher aquatic toxicity criteria, or c) other rationale warrants different final effluent limitations, including whole effluent toxicity based limitations.  Such demonstration would constitute new information pursuant to 40 CFR 122.62(a)(2) and Section 402(o)(2)(B)(i) of the Act.

The permittee shall notify the Jackson District Supervisor of the Surface Water Quality Division if a demonstration will be attempted.  If a demonstration is to be attempted, the notification shall include a work plan and schedule of completion of the demonstration which shall be approved by the Jackson District Supervisor of the Surface Water Quality Division.  If the demonstration is successful, the permit may be modified accordingly.

2.         Special Condition - Chronic Toxicity Testing

a.         On or before April 1, 1990, the permittee shall submit a biomonitoring plan outlining specific chronic toxicity testing and reporting procedures to the Jackson District Supervisor of the Surface Water Quality Division for approval.  The plan shall include quarterly chronic toxicity tests on two test species using effluent from outfall 001.  Test species shall include fathead minnow and Ceriodaphnia or Daphniamagna (alternate test species may be used upon approval of the Jackson District Supervisor).  After one year, subsequent testing may be reduced, upon approval of the Jackson District supervisor, to the most sensitive species, if one can clearly be identified.  Testing and reporting procedures shall be according to the following: Fathead minnow and Ceriodaphnia - EPA/600/4-89/9001, Daphniamagna - ASTM E 1193-87 (alternate procedures may be used upon the approval of the Jackson District Supervisor).

b.         The permittee shall implement the biomonitoring plan within 30 days after approval of the Jackson District Supervisor.

3.         Special Condition - Chronic Toxicity Identification/Reduction Evaluation Plan

a.         On or before April 1, 1991, the permittee shall submit a Toxicity Identification/Reduction Evaluation (TI/RE) plan to the Jackson District Supervisor of the Surface Water Quality Division for approval.  The TI/RE plan shall include appropriate measures to reduce effluent toxicity to a level which complies with the final chronic toxicity limit of 1.1 TU_c specified in Part I.A.2. of this permit, monitoring to show the effectiveness of the toxicity control measures and a schedule to implement the plan.  The completion date for TI/RE implementation shall not extend beyond April 1, 1994.

b.         The permittee shall implement the approved TI/RE plan in accordance with the schedule approved by the Jackson District Supervisor.

If the permittee demonstrates, during the first year of aquatic toxicity testing conducted pursuant to Part I.A.1 , that the effluent from outfall 001 complies with the final chronic toxicity limit of 1.1 TU_c specified in Part I.A.l. of this permit, the permit may be modified to eliminate this Special Condition.

4.         Special Condition - Mercury Monitoring

During the period when the Jackson County Resource Recovery Facility is operating, the permittee shall monitor its final effluent from outfall 001 for total mercury during the months of January, April, July, and October.  Mercuring monitoring shall be done using EPA analytical method 245.1.  The detection level shall not exceed 0.5 ug/l unless a higher detection level is appropriate because of sample matrix interference.

5.         Special Condition -    Chlorinated Dibenzo-p-Dioxins (CDDs) and Chlorinated Dibenzo-Furans (CDFs) Monitoring

During the period when the Jackson County Resource Recovery Facility (JCRRF) is operating, the permittee shall monitor the following waste streams two times per year in August and February:  WWTP influent, WWTP effluent, WWTP sludge, and the JCRRF's discharge to the public sewer for CDDs and CDFS.  The sampling procedures, preservation and handling, and analytical protocol for monitoring for CDDs and CDFs are contained in Attachments B & C of USEPA/Paper Industry Cooperative Dioxin Screening Study (EPA 440/1-88-025, March 1988).  Other methods may be used upon approval of the Chief of the Surface Water Quality Division.  The detection level for 2,3,7,8-TCDD for WWTP effluent shall be 10 part per quadrillion (10 ppq); WWTP sludge 10 parts per trillion (10 ppt); and WWTP influent and the JCRRF discharge 10 parts per quadrillion (10 ppq), unless higher detection levels are appropriate because of sample matrix interference.  The permittee shall report all tetra-, penta-, hexa-, hepta- and octa- CDDs and CDFs by homologous groups, and quantify the 2,3,7,8-cogeners for tetra-CDDs -and tetra-CDFs.  In addition, the permittee shall notify the Jackson District Supervisor of the Surface Water Quality Division if other nondomestic sources of CDDs and CDFs are identified.

6.         Special Condition - Short Term Waste Characterization Study

As a condition of this permit, the permittee shall monitor the discharge from outfall(s) 001 for the constituents, at the frequency, and for the duration specified below.  This monitoring is designed to determine whether these constituents are discharged in significant quantities.  The results of the analysis of such monitoring shall be submitted to the Jackson District Supervisor of the Surface Water Quality Division.  If, upon review of the analysis, it is determined that any of the materials or constituents require limiting to protect the receiving waters in accordance with applicable water quality standards, the permit may then be modified in accordance with Part II, Section D.4.

The permittee shall submit the analytical results of the six (6) week monitoring on or before May 1, 1990.
 
 

CONSTITUENT	SAMPLE TYPE	SAMPLE  FREQUENCY	SAMPLE  DURATION	DETECTION  METHOD/LEVEL
Hexavalent Chromium	24-hr. composite	Weekly	6 Weeks	5 ug/1
Trichloroethylene	grab	Weekly	6 Weeks	EPA Method  601
Copper	24-hr. composite	Weekly	6 Weeks	20 ug/1
Lead	24-hr. composite	Weekly	6 Weeks	5 ug/1

7.         Discharge to the Groundwater

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

8.         Demonstration Opportunity Regarding Whole Effluent Toxicity

If the permittee demonstrates that the effluent from outfall 001 is in consistent compliance with the aquatic toxicity requirements of Rule 57 of the Michigan Water Quality Standards, that permit may be modified in accordance with Part II.D.4. to eliminate the 1.1 TU_c limitation specified in Part I.A.l.

9.         Sewer System Overflows

a.         Limited Discharge Authorization

The permittee is required to utilize, to the maximum extent practicable, available sewerage system transportation capabilities for the delivery of sewage to treatment facilities.  For an interim period during which the final sewer overflow correction plan is to be implemented, the permittee is authorized to discharge sewage flows in response to rainfall or snowmelt conditions when total available transportation and treatment capabilities are exceeded from the outfalls and locations listed below:

OUTFALL                         LOCATION                                              RECEIVING WATERS

002                                    Glick and Hupp                                          Grand River

003                                    Michigan and Mechanic                              Grand River

004                                    Michigan and Brown                                   Grand River

005                                    Wildwood and Brown                                Grand River

006                                    Washington and Francis                              Grand River

provided, however, that nothing in this paragraph shall be construed to limit the State of Michigan's ability to recover damages resulting from such discharges.

b.         Interim Sewer Overflow Control Program

1)         On or before February 1, 1990, the permittee shall designate an operations and maintenance manager to be in responsible charge of the wastewater collection system and serve as the contact person for department personnel regarding sewer discharges.  The permittee may replace the manager at any time and shall notify the Jackson District Supervisor of the Surface Water Quality Division within ten days after the replacement.

2)         The permittee shall notify the Jackson District Supervisor of the Surface Water Quality Division of Sewer Overflow discharge events in accordance with the notification procedures approved by the District Supervisor.

c.         Sewer Overflow Correction Plan

1)         The permittee shall prepare and submit an approvable plan to eliminate all sewer overflows within its Jurisdiction.  The City of Jackson has separated its storm and sanitary sewer systems, however, several sewers still have storm water connections and overflow on occasion.  The sewer system tributary to outfalls 002 through 006 listed in Part I Section A.4.a shall be inventoried in the sewer overflow correction plan.  The plan shall include identification of excessive infiltration and inflow sources, significant industrial stormwater sources and unauthorized connections; along with measures necessary to reduce stormwater inputs and eliminate sewer overflows.  The sewer overflow correction plan shall be submitted to the Jackson District Supervisor on or before February 1, 1990.

2)         The permittee shall include the following elements in the proposed work plan in accordance with the schedule below, however, the work plan is not limited to these elements:

i)          On or before December 30, 1989, the following catch basins shall be separated from the sanitary sewer system:

Location (Block No. & Street)                         No. of Catch Basins

Cooper: Howell to Frost                                                  5

900 Everhard                                                                  1

800 S. Milwaukee                                                           2

1000 S. Milwaukee                                                         2

400 E. Biddle                                                                  1

100 Francis                                                                     1

200 Hill                                                                           1

ii)         On or before June 30, 1990, the following catch basins shall be separated from the sanitary sewer system:

Location (Block No. & Street)                         No. of Catch Basins

900 Water                                                                       2

100 W. Michigan (alleys)                                                 2

100 E. Michigan                                                              1

900 N. Blackstone                                                          2

iii)         on or before June 30. 1990, dye tests shall be  performed on twenty four (24) users' roofs to determine if storm water from roof runoff is entering the sanitary sewer system.

3)         On or before February 1, 1991, the permittee shall complete implementation of the sewer overflow correction plan and eliminate the sewer overflow discharges to the Grand River.  The permittee may demonstrate that compliance with this deadline is not within engineering feasibility and request a permit modification for an extension of this compliance date.

B.         INDUSTRIAL WASTE CONTROL PROGRAM

1.         The permittee shall implement the pretreatment program approved on April 10, 1985, and modifications approved on January 24, 1991, November 25, 1991, and August 4, 1992, which are incorporated as enforceable requirements of this permit.

2.         The permittee shall assure that pollutant discharges from nondomestic sources are controlled consistent with 40 CFR 403 and do not:

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; or

e.         Exceed Federal Pretreatment Standards as identified in the Federal Pretreatment Regulations (40 CFR 403.5) and in regulations pursuant to Section 307(b) and (c) of the Act.

3.         The Department of Natural Resources may require modifications in the approved pretreatment program consistent with state and federal regulations which are necessary to maintain the above program capabilities.

4.         The permittee shall not change or modify its approved pretreatment program except in accordance with 40 CFR 403.18 as amended, October 17, 1988 (53 CFR 40615).

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 Jackson District Supervisor of the Surface Water Quality Division.

7.         The permittee is required to submit to the Jackson District Supervisor of the Surface Water Quality Division, annually on August 1, a summary report on the status of program implementation and enforcement activities.  The Annual Pretreatment Summary Report shall contain:

a.         A listing of nondomestic users whose discharge is regulated by the conditions of the approved pretreatment program, to include:

(1)        Additions or deletions to the nondomestic user survey, including users with significantly increased discharges;

(2)        Additions or deletions to the list of toxic chemicals that potentially could be discharged to the sewer;

(3)        The names of users with permits or contracts for discharge;

(4)        The names of users audited for compliance during the reporting period, and the status of compliance for each; and

(5)        The names of users which were in significant violation of applicable pretreatment standard, or other pretreatment requirements during the reporting period, and proof of publication pursuant to 40 CFR 403.8(f)(2)(vii).

b.         A summary of the enforcement actions taken and status of compliance by nondomestic users to include:

(1)        Names of nondomestic users not in compliance with categorical standards and/or local pretreatment discharge limitations, and

(2)        Status of enforcement actions taken to return these facilities to compliance.

c.         A summary of any changes proposed or made to the approved program including those resulting from the annual review conducted under Paragraph 6 (above), changes in legal authority, any procedures which were previously approved by the Department of Natural Resources (including those used to establish local limits), service areas, monitoring programs, staffing, or funding.

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 Jackson 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 Jackson District Supervisor of the Surface Water Quality Division on or before April 1, 1991.

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 Jackson 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, 1994.

2.         Written Report Required

Within 14 days of every submittal requirement date specified in Part I.D. in this permit, the permittee shall submit a written report to the Jackson District Supervisor of the Surface Water Quality Division stating whether or not the particular task was accomplished.  If the task was not accomplished, the report shall also include: an explanation of the failure to accomplish the task, actions taken by the permittee to correct the situation, and an estimate of when the task will be accomplished.

If the task requires submission of a written report and the task was accomplished, a separate written report is not required.

3.         Industrial Pretreatment Program Modification Required

The permittee shall develop and submit written procedures which adequately:

a.         specify a frequency or schedule for the permittee to sample and inspect industrial users as required by 40 CFR 403.8(F)(2)(v);

b.         notify industrial users of applicable pretreatment standards, including categorical standards, and applicable requirements established under the Resource Conservation and Recovery Act (RCRA) Subtitles C and D as required by 40 CFR 403.8(f)(2)(iii);

c.         specify the interjurisdictional actions regarding right of first enforcement, receipt and review of industrial user reports, and updating the industrial waste survey as required by 40 CFR 403.8(f)(1), 403.8(f)(2)(iv) and 403.8(f)(2)(i).

d.         specify the enforcement management plan which will be followed when industrial users violate pretreatment standards and/or requirements pursuant to 40 CFR 403.9(b)(iii) and 403.8(f)(2)(vii).

e.         specify procedures for maintaining an updated industrial user inventory (40 CFR 403.8(f)(2)(i)), and waste characterization (40 CFR 403.8 (f) (ii)).

f.          specify procedures for receiving and analyzing self monitoring reports (40 CFR 403.8(f)(2)(iv)).

g.         specify public participation procedures (40 CFR 403.8(f)(2)(vii)).  In addition, the program stall specify a particular month for public notice of significant violations.

These procedures shall be submitted as an Industrial Pretreatment Program modification to the Jackson District Supervisor on or before January 1, 1991.
 
 

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 mean of 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.          Major User

A major user is defined as a nondomestic user that:

(1)        discharges more than 25,000 gallons per average working day to the permittee's treatment works; or

(2)        discharges any toxic or hazardous materials such as, but not limited to, those listed on the Federal EPA List of Priority Pollutants and Michigan Critical Materials Register (for a copy of either list, contact the Surface Water Quality Division); or

(3)        discharges any substance that may cause interference with the operation of the treatment works, and is considered to be of significance to the overall treatment and disposal processes.

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: 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 1) of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

l.          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 defined 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 of Results

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

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

b.         the dates the analyses were performed;

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

d.         the analytical techniques or methods used; and

e.         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 Jackson 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 Jackson 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 Jackson 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;

(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 Jackson 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 Jackson 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.
 
 

In the matter of:

ABATEMENT OF WATER POLLUTION

City of Jackson WWTP                                                            ACO-SW93-

161 West Jackson Avenue

Jackson, MI 49201

                                                                        /

The UNDERSIGNED PARTIES HEREBY CONSENT AND ORDER TO THE FOLLOWING

1.         Section 6(i) of 1929 PA 245, as amended, states in part that: "It shall be unlawful for any person directly or indirectly to discharge into the waters of the state any substance which is or may become injurious to the public health, safety or welfare; or which is or may become injurious to the domestic, commercial, industrial, agricultural, recreational, or other uses which are being or may be made of such waters; or which is or may become injurious to the value or utility of riparian lands; or which is or may become injurious to livestock, wild animals, birds, fish, aquatic life or plants . . . ."

2.         Section 6(2) of 1929 PA 245, as amended, states in part that: "The discharge of any raw sewage of human origin, directly or indirectly into any of the waters of the state, shall be considered prima facie evidence of a violation of this act by the municipality in which the discharge originated unless the discharge shall have been permitted by an order or rule of the commission."

3.         Section 7(2) of 1929 PA 245, as amended, states that: "Whenever in the opinion of the department a person is causing or about to cause unlawful pollution of the waters of this state, the department may notify the alleged offender of its determination and enter an order requiring the person to abate the pollution or refer the matter to the attorney general for legal action, or both."

4.         The City of Jackson (the City) owns and operates wastewater treatment facilities located at 2995 Lansing Avenue, Jackson, Michigan, under the authority of National Pollutant Discharge Elimination System (NPDES) Permit No. MI0023256.

5.         The City's NPDES permit issued September 25, 1984, and modified November 22, 1985, required that by July 1, 1988, the City attain control of Combined Sewer Overflows (CSOs) consisting of at least the retention and subsequent treatment of combined sewage flows up to the 1 year 1 hour storm event and the provision of the equivalent of primary sedimentation, skimming and disinfection for all flows in excess thereof.  This deadline was not met.

6.         The permit was reissued on January 18, 1990.  The City filed a Petition for a Contested Case Hearing on January 16, 1990, requesting an opportunity to have its objections to the Permit heard, including the requirement in Part I.A.9.c.(3) that all sewer overflow discharges to the Grand River be eliminated by February 1, 1991.

7.         This Administrative Consent Order is the result of an agreement reached between the City and the Michigan Department of Natural Resources (MDNR), Surface Water Quality Division (SWQD) to satisfy the sewer overflow permit issue.

IT IS THEREFORE AGREED AND ORDERED THAT the City of Jackson will take the following actions to prevent further violations of 1929 PA 245, as amended:

8.         Implement the Sewer Overflow Correction Plan as approved by the Jackson District Supervisor of the Surface Water Quality Division on ____________________, according to the following schedule:

a.         Complete excessive flow removal and rehabilitation to sewers tributary to outfall 002 located at Glick and Hupp on or before December 31, 1996.  Beginning January 1, 1997, discharges from outfall 002 are prohibited.

b.         Complete excessive flow removal and rehabilitation to sewers tributary to outfall 003 located at Michigan and Mechanic on or before December 31, 1997.  Beginning January 1, 1998, discharges from outfall 003 are prohibited.

c.         Outfall 004 located at Michigan and Brown has been physically closed and discharges from the outfall are prohibited.

d.         Complete excessive flow removal and rehabilitation to sewers tributary to outfall 005 located at Wildwood and Brown on or before December 31, 1997.

e.         The City shall submit by January 1, 1994, to the Jackson District Supervisor of the Surface Water Quality Division a written technical evaluation of the need to revise interjurisdictional agreements with Jackson County and/or Blackman Township to assure completion of the necessary tasks to eliminate the overflow from outfall 005.  Beginning January 1, 1998, discharges from outfall 005 are prohibited.

f.          Complete excessive flow removal and rehabilitation to sewers tributary to outfall 006 located at Washington and Francis on or before December 31, 1997.  Beginning January 1, 1998, discharges from outfall 006 are prohibited.

9.         The City shall withdraw its Petition for a Contested Case Hearing filed January 16, 1990.

10.       The City shall pay the penalty described in this paragraph for each violation after the schedule dates in paragraph 8 of this Order.  A violation, for the purposes of such penalties , shall be defined as any discharge of untreated sanitary waste from a designated outfall caused by a storm of a 25 year/l hour magnitude or less.  For each such violation, the City shall pay a penalty of:

a)         $500 if the discharge is 25,000 gallons or less;

b)         $1,000 if the discharge is more than 25,000 gallons;

provided, however, that there shall be no more than one violation per outfall during any single storm event.  For purposes of this Order, a "storm of a  25 year/l hour magnitude" is defined as 2.2 inches of rainfall in a single hour and a "storm event" is defined as a heavy rainfall preceded by a 12 hour period with less than .2 inches of rain.

These penalties shall be the sole monetary penalties for any defined violations.

11.       The City shall pay each month's stipulated penalties no later than the 20th day of the following month by check made payable to the State of Michigan and delivered to the Assistant Attorney General in Charge, Environmental Protection Division, Michigan Department of Attorney General, P. 0. Box 30212, Lansing, Michigan 48909.

12.       Any delay attributable to Force Majeure shall not be deemed a violation of the City's obligations under this Administrative Consent Order.  "Force Majeure" is defined, for the purpose of this Administrative Consent Order, as an occurrence or nonoccurrence arising from causes beyond the control of the City, including, but not limited to, an act of God or an unreasonable delay by the DNR in reviewing a submission or permit application which is not the result of any act or omission on the part of the City.  "Force Majeure" shall also include delays attributable to the failure or refusal of private nonresidential stormwater generators to comply with the stormwater requirements of the City's sewer ordinance; provided, however, that the City has actively pursued enforcement proceedings including initiation of legal action, against such recalcitrant generators.  "Force Majeure" does not include unanticipated or increased costs, changed financial circumstances, commencement of a proceeding in bankruptcy, or failure to obtain a permit or license as a result of the City's actions or omissions.

This Administrative Consent Order shall expire on January 1, 1999, providing that all of the Elements of the Consent Order have been completed.

DEPARTMENT OF NATURAL RESOURCES

Roland Harmes, Director                                                                                  Date

CITY OF JACKSON

By: Betty J. Granger                                                                                         Date

Title: Mayor

                                                By: Sandra L. Price

                                                Title:  City Clerk

APPROVED AS TO FORM:
 

Sharon H. Whitmer (P27244)
Assistant Attorney General
Environmental Protection Division
Michigan Department of Attorney General