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 Owosso, 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 Owosso.  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

IN THE MATTER OF:
THE CITY OF OWOSSO
NPDES NO.  MI 0023752

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 to the Commission for their consideration in addressing this request.

Dated:         February 17, 1994

William C. Fulkerson
Administrative Law Judge

The staff of the Michigan Department of Natural Resources ("MDNR") and the City of Owosso, Michigan, by their respective undersigned attorneys hereby stipulate pursuant to MCL § 24.278(l) and (2) of the settlement of the contested case pertaining to a certain NPDES Permit issued to the City of Owosso and further stipulate to certain facts in support of this settlement.  This stipulation is based, in part, upon the files and records of the MDNR.  The parties stipulate as follows:
 

1.         The former Michigan Water Resources Commission issued a National Pollutant Discharge Elimination System (NPDES) Permit to the City of Owosso on September 17, 1992 authorizing a discharge from a facility located at 1410 Chippewa Trail, Owosso, Michigan 48867 designated as the Owosso-Mid-Shiawassee Co WWTP to the receiving water named the Shiawassee River in accordance with effluent limitations, monitoring requirements and other conditions set forth in the permit.

2.         The City of Owosso contested the NPDES permit on November 13, 1992.

3.         The parties stipulate to a new Section A, 2.  Special Condition as contained in Attachment A which represents the entire proposed NPDES permit which the parties recommend be issued by the appropriate issuing party.

4.         Upon final issuance of the permit set forth in Attachment A, the City of Owosso will simultaneously withdraw its request for a contested case proceeding.  Said withdrawal shall take effect immediately upon the issuance of the Permit set forth in Attachment A with no further action required by any party.

5.         Original Section A, 2.  Special Condition as contained in the NPDES permit issued September 17, 1992 is attached as Attachment B.

6.         The parties stipulate to the following changes from the language contained in Attachment B to that contained in Section A, 2.  Special Condition of Attachment A and further stipulate to the justification for each change set forth below:

A.        Change No. 1:

The first sentence of Special Condition 2 of the Contested permit "To satisfy the aquatic toxicity related requirements of Rule 57 of the Michigan Water Quality Standards, the Effluent from outfall 001 shall not exceed 2.5 chronic toxic units (TU_c)." was not included in Special Condition 2 of the new permit.

Justification:

The City of Owosso is concerned that this sentence actually established an effluent limitation of 2.5 TU_c for chronic toxicity.  The objectives of Special Condition 2 is not to establish an effluent limitation for chronic toxicity, but instead to generate a reliable database for chronic toxicity which can be used to determine whether additional toxicity control programs and/or long term effluent toxicity monitoring needs to be triggered.  Elimination of the first sentence of Special Condition 2 of the contested permit satisfies Owosso's concern about an effluent limitation being established without compromising the original objectives of the Special Condition.

B.         Change No. 2:

The third sentence of Special Condition 2.a. of the contested permit was deleted and replaced with the fifth, sixth and seventh sentences of Special Condition 2.a. of the new permit.

Justification:

The new sentences provide more specific guidance concerning the number and timing of chronic toxicity tests that need to be performed by the permittee.  New Sentence #6 also will generate a more complete chronic toxicity database, if the initial testing reveals chronic toxicity levels greater than 2.5 TU_c.  A more complete chronic toxicity database will better support the decision process for subsequent TI/RE requirements and/or routine chronic toxicity testing outlined in Special Condition 2.e.  New Sentence #7 also will require the permittee to perform quarterly chronic toxicity tests on the outfall 001 effluent for the life of the permit, if the initial toxicity tests reveal chronic toxicity levels above 1.5 TU_c.

C.        Change No. 3:

The period of time allocated to Owosso for implementing an approved biomonitoring plan was reduced from 60 days in Special Condition 2.c. of the contested permit to 30 days in Special Condition 2.c. of the new permit.

Justification:

The 30 day redaction in the implementation period is considered reasonable by Owosso and will generate the necessary chronic toxicity data in a shorter period of time.

D.        Change No. 4:

The first sentence of Special Condition 2.e. was expanded in the new permit to read "The Surface Water Quality Division will review . . . the toxicity requirements of Rule 57 of the Michigan Water Quality standards are being satisfied."  The expanded new wording is underlined.

Justification:

The new wording clarifies that Rule 57 is part of the Michigan Water Quality Standards.

E.         Change No. 5:

Special Condition 2.e(2) of the contested permit was deleted and replaced in Special Condition 2.e.(2) of the new permit with the sentence "If monitoring beyond the initial four chronic toxicity tests is required . . . toxicity requirements of Rule 57 are consistently being met."

Justification:

Previous new language changes (specifically, addition of Sentence #7 in Special Condition 2.a. of the new permit) provide specific guidance as to when quarterly chronic toxicity testing requirements for the life of the permit need to be imposed on the permittee.  This justified deleting the first sentence of Special Condition 2.e.(2) of the contested permit.

F.         Change No. 6:

The sentence "Any of the above determinations made . . . subject to the appeal provisions of §631 of the Revised Judicative Act, MCL 600.631." was included in Special Condition 2.e.(3).

Justification:

Inclusion of the new language more specifically recognizes the availability of this existing appeal opportunity option.

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 MCL § 24.281 pursuant to MCL § 24.281(4).

John C. Scherbarth                                                       Mr. William C. Brown

Assistant Attorney General                                            Assistant City Attorney

Attorney for MDNR Staff                                             Attorney for the City of Owosso

Environmental Protection Division                                 117 W. Oliver Street

P.O. Box 30212                                                           P.O. Box 458

Lansing, MI  48909                                                      Owosso, MI  48867-0458

Telephone:        (517) 373-7780                                   Telephone:        (517) 723-5114

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"),

designated as the Owosso/Mid-Shiawasee Co WWTP

to the receiving water named the Shiawassee 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, 1996.  In order to receives authorization to discharge beyond the date of expiration, the permittee shall submit such information and forms as are required by the Michigan Water Resources Commission to the Permits Section of the Surface Water Quality Division no later than 180 days prior to the date of expiration.

This permit is based on an application submitted on March 29, 1991.  On its effective date this permit shall supersede NPDES Permit No. M10023752, expiring October 1, 1991.

This permit, issued on September 17, 1992 by the Michigan Water Resources Commission and contested on November 13, 1992 by the City of Owosso, shall become effective on the date of the Final Decision of the Michigan Water Resources Commission.  This permit constitutes the Final Decision of the Michigan Water Resources Commission made on _________________.

William E. McCracken

Executive Secretary

A.        EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1.         Final Effluent Limitations, Outfall 001

a.         During the period beginning on effective date of permit and lasting until permit expiration date, the permittee is authorized to discharge treated municipal wastewaters from the Owosso/Mid-Shiawassee County wastewater treatment plant through outfall 001 to the Shiawassee River.  Such discharges shall be limited and monitored by the permittee as follows:

	Discharge Limitations
Effluent  Characteristic	Dates In  Effect	Daily  Minimum	Daily  Maximum	30-Day  Average	7-Day  Average
Flow (in MGD)	All Year	--	(report)	(report)	--
Carbonaceous  Biochemical  Oxygen Demand  (CBOD5)	6/1-6//30  7/1-9/30	--  --	35 mg/1  22 mg/1	23 mg/1  767 1b/d  15 mg/1  500 1b/d	--  1168 1b/d  --  734 1b/d
	10/1-10/31	--	27 mg/1	18 mg/1  600 1b/d	--  899 1b/d
	11/1-5/31	--	--	25 mg/1  1251 1b/d	40 mg/1  2001 1b/d
Total Suspended  Solids	6/1-10/31	--	--	30 mg/1  1000 1b/d	45 mg/1  1501 1b/d
	11/1-5/31-	--	--	30 mg/1  1501 1b/d	45 mg/1  2252 1b/d
Ammonia  Nitrogen (as N)	6/1-6/30	--	13 mg/1	10.4 mg/1  347 1b/d	--  434 1b/d
	7/1-9/30	--	4 mg/1	--	--  133 1b/d
	10/1-10/31	--	11 mg/1	--	--  367 1b/d
Total  Phosphorus (as P)	All Year	--	--	1 mg/1	--
Dissolved Oxygen	6/1-10/30  11/1-5/31	5 mg/1  3 mg/1	--  --	--  --	--  --
Fecal Coliform  Bacteria	All Year	--	--	200/100ml	400/100ml
Total  Residual  Chlorine	All Year	--	0.036 mg/l	--	--
ph (standard units)	All Year	6.5	9.0	--	--
Total Silver	All Year	--	--	Monitoring Only	--

 

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

June through October:               4 MGD

November through May:           6 MGD

b.         Sampling Frequency - The effluent characteristics shall be measured at the following frequency: daily for all parameters except for total silver which shall be measured weekly.

c.         Sampling Type and Location

(1)        The sampling for CBOD₅ Total Suspended Solids, Ammonia Nitrogen, Total Phosphorus and Total Silver shall be 24-hour composites taken of the final effluent.  The sampling for Dissolved Oxygen, Fecal Coliform Bacteria, Total Residual Chlorine and pH shall be grab samples taken of the final 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.         Total Silver Monitoring

After one year, the permittee may request a reduction or elimination in monitoring frequency for total silver.  Such request shall be submitted to the Lansing District Supervisor of the Surface Water Quality Division.  Upon approval of the District Supervisor and consistent with such approval, the monitoring frequency may be reduced or eliminated.

e.         During the period that Fecal Coliform Bacteria limitations are in effect, the permittee shall provide adequate control and facilities to ensure continuous disinfection.

f.          Demonstration Opportunity Regarding Seasonal Disinfection

In accordance with Rule 62(l) ) of the Water Quality Standards, the permittee may demonstrate to the Michigan Water Resources Commission that seasonal disinfection will adequately protect the designated uses of the receiving stream.  Upon successful demonstration, the permit may be modified accordingly.

g.         In addition to the CBOD₅ and Total Suspended Solids limitations above, the 30-day average effluent CBOD₅ and Total Suspended Solids concentrations shall not exceed 15 percent of the  average influent concentrations for approximately the same period.  This requirement is in effect, only, from November through May of each calendar year.

2.         Special Condition - Chronic Toxicity Testing

"Chronic toxic unit" (TU_c) is defined as the reciprocal of the effluent's maximum acceptable toxicant concentration (MATC) expressed with 100 as the numerator and the MATC as a percentage in the denominator.  Maximum acceptable toxicant concentration is defined in Rule 43(q) of the Part 4 Rules of the Michigan Water Resources Commission.  The level of concern for the effluent from outfall 001 is 2.5 TU_c.  The 2.5 TU_c is not an effluent limit, but the criterion to be used to determine if other activities under this special condition are necessary.

a.         On or before September 1, 1993, the permittee shall submit a biomonitoring plan outlining specific chronic toxicity testing and reporting procedures to the Lansing District Supervisor of the Surface Water Quality Division for approval.  The plan shall include four chronic toxicity tests on two test species using final effluent from outfall 001.  Test species shall include fathead minnow and either Daphnia or Ceriodaphnia (alternate test species may be used upon approval of the Lansing District Supervisor).  Testing and reporting procedures shall follow procedures contained in EPA/600/4-89/001, "Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms", for fathead minnow and Ceriodaphnia or ASTM E 1193-87, "Standard Guide for Conducting Renewal Life-Cycle Toxicity Tests with Daphnia magna", for Daphnia (alternate procedures may be used upon approval of the Lansing District Supervisor) Initially, the tests shall be conducted once in each of the following periods: (1) September-October, 1993, (2) May-June, 1994, (3) July-August, 1994 and (4) September-October, 1994.  If any individual test exceeds 2.5 TU_c the permittee will increase the testing frequency for that test species to monthly for the three months following such a test result.  If any individual test exceeds 1.50 TU_c, the permittee will continue quarterly monitoring for that species for the term of this permit unless a reduction in monitoring frequency is approved in accordance with paragraph (e)(2) below.  The chronic toxicity tests shall be conducted and reported such that the acute toxicity of outfall 001 can be determined.  Acute toxicity data shall be included in the reporting of the chronic toxicity test results,.

b.         The permittee may supplement the toxicity testing described in paragraph a. by conducting toxicity testing of unaltered (prior to dechlorination and temperature adjustment) effluent.  In the absence of such supplemental test results, the Surface Water Quality Division may consider the following, in addition to the altered effluent test results required in paragraph a., in the development of permit requirements (1) the chlorine content of the effluent, (2) the temperature of the effluent, and (3) the toxicity (if any) of the ambient receiving water.

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

d.         Annual reports on the tests conducted under paragraph c. shall be submitted to the Lansing District Supervisor within one month after completion of the fourth quarter test each year.

e.         The Surface Water Quality Division will review the annual toxicity data submitted by the permittee to determine if the toxicity requirements of Rule 57 of the Michigan Water Quality Standards are being satisfied.

(1)          If the aquatic toxicity requirements of Rule 57 are not being met, upon written notification by the Lansing District Supervisor, the following conditions apply:

(a)        Within 90 days of the above notification, the permittee shall submit a Toxicity Identification/Reduction Evaluation (TI/RE) plan to the District Supervisor 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.

(b)        The permittee shall implement the approved TI/RE plan in accordance with the approved schedule.

(2)        If monitoring beyond the initial four chronic toxicity tests is required, the Lansing District Supervisor may approve a reduction in monitoring frequency for either or both of the two test species, if the results of four consecutive quarterly toxicity tests indicate the toxicity requirements of Rule 57 are consistently being met..

(3)        Any of the above determinations made by Surface Water Quality Division staff shall be considered a final agency determination subject to the appeal provisions of §631 of the Revised Judicative Act, MCL 600.631.

f.          This permit may be modified in accordance with Part II.D.4. to include additional whole effluent toxicity control requirements as necessary.

3.         Special Condition         Notification Requirement

The permittee shall notify the Lansing District Supervisor of the Surface Water Quality Division, in writing, within 10 days of knowing, or having reason to believe, that any activity or change has occurred or will occur which would result in the discharge of:

a.         Detectable levels* of chemicals on the current Michigan Critical Materials Register or priority pollutants or hazardous substances set forth in 40 CFR 122.21 Appendix D, which were not acknowledged in the application** or listed in the application at less than detectable levels.

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

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

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

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

**The application submitted on March 29, 1991.

4.         Discharge to the Groundwaters

The reissuance of this permit does not authorize any discharge to the groundwaters.  Such discharge must be authorized by a groundwater discharge permit issued pursuant to Act 245, Public Acts of 1929, as amended.

B.         INDUSTRIAL WASTE CONTROL PROGRAM

1.         The permittee shall implement the pretreatment program approved by the Michigan Department of Natural Resources on June 27, 1985, including any subsequent programs modifications approved by the Department in accordance with 40 CFR 403.018, which are incorporated as an enforceable requirement of this permit.

2.         The permittee shall control pollutant discharges from Nondomestic Users consistent with the General Pretreatment Regulations for Existing and New Sources of Pollution, 40 CFR Part 403, and shall prohibit discharges that:

a.         Cause, in whole or in part, the permittee's failure to comply with the effluent limitations required in Part I.A. of this permit;

b.         Restrict, in whole or in part, the permittee's approved Program for Effective Residuals Management (PERM) required in Part I.C. of this permit;

c.         Cause, in whole or in part, operational problems at the treatment facility or in its collection system;

d.         Exceed local limits established in accordance with the approved pretreatment program;

e.         Exceed Categorical Standards identified in 40 CFR 403.6 (National Pretreatment Standards: Categorical Standards) as specified in regulations pursuant to Section 307 (b) and (c) of the Act;

f.          Exceed the general and specific prohibitions identified in 40 CFR 403.5 (National Pretreatment Standards: Prohibited Discharges) as specified in Part II.C.5. of this permit aid in regulations pursuant to Section 307 (b) and (c) of the Act; or

g.         Cause acute health or safety problems.

3.         The Michigan Department of Natural Resources may require modifications in the approved pretreatment program which are necessary to maintain the above program capabilities.

4.         The permittee shall not change. or modify its approved pretreatment program without prior approval from the Chief of the Surface Water Quality Division except in accordance with 40 CFR 403.18 (Modification of POTW Pretreatment Programs).

5.         The permittee shall develop and maintain for a minimum of three years all records and information resulting from monitoring and enforcement activities necessary to determine nondomestic user compliance with the pretreatment standards, local limits, and conditions of the approved program.

6.         The permittee shall annually review the adequacy of the approved pretreatment program with respect to the regulations at 40 CFR 403 and the ability to achieve the objectives stated in paragraph 2 (above) currently and projected into the foreseeable future.  Based upon the review, the permittee shall propose any necessary changes or modifications to the approved pretreatment program for approval by the Lansing District Supervisor of the Surface Water Quality Division.

7.         The permittee shall submit as required by 40 CFR 403.12(i) (Annual POTW Reports) to the Lansing District Supervisor of the Surface Water Quality Division, beginning on April 1, 1993, and annually thereafter, a summary report on the status of program implementation and enforcement activities.  The reporting period shall begin on January 1 and end on December 31.  The Annual Pretreatment Summary Report shall contain the following items:

a.       A listing of nondomestic users whose discharge is regulated by the conditions of the approved pretreatment program.  The listing shall indicate:

(1)        Additions or deletions to the nondomestic user survey, including users with significantly increased discharges.  The report shall include different or increased discharges of pollutants from the POTW to the waters of the State as stated in Part II.C.l. (Management Requirements) of this permit, including the basis for these determinations;

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

(3)        The names of Nondomestic Users with permits or equivalent individual control mechanisms for discharge;

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

(5)        The names of Nondomestic Users in significant noncompliance with applicable pretreatment standards or other pretreatment requirements during the reporting period, and proof of publication pursuant to 40 CFR 403.8(f)(2)(vii) (Procedures).

b.         A summary of compliance and enforcement for the reporting period.  The summary shall list the names of all nondomestic users not in compliance with categorical standards and/or local pretreatment discharge limitations at the end of the reporting period.  The following information shall be included for each name on the list:

(1)        The parameters violated and their respective limits (both daily maxima and applicable averages);

(2)        The number of violations;

(3)        The maximum of all sample analyses which are violations during the reporting period;

(4)        Pretreatment requirements, if any; and

(5)        Status of enforcement actions taken to return the Nondomestic User to compliance.

c.       A summary of any changes proposed to the approved program.  Possible changes would include:

(1)        Changes to achieve the objectives stated in Part I.B.2. above;

(2)        Changes to incorporate current federal regulations;

(3)        Changes to legal authority including interjurisdictional agreements;

(4)        Changes to procedure;

(5)        Changes to funding or program resources; and

(6)        Changes to local limits.

8.         The permittee shall submit to the Lansing District Supervisor of the Surface Water Quality Division written technical evaluations of the need to revise sewer use ordinance local limits pursuant to 40 CFR 403.5(c)(1) and 40 CFR 122.21(j)(4).  The first evaluation shall be submitted on or before June 1, 1993.  The need to revise sewer use ordinance local limits shall be re-evaluated and a written technical evaluation submitted on or before April 1, 1995.

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 Lansing 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 Lansing District Supervisor of the Surface Water Quality Division on or before March 1, 1993.

Disposal of residuals resulting from the treatment of wastewater shall be in accordance with the previously approved program until proposed modifications are approved.  If at any time the permittee desires to make any substantial changes in the approved program, the proposed changes shall be submitted to and approved by the Lansing 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, 1996.

2.       Written Notification Required

            Within 14 days of every requirement date specified in this permit, the permittee shall submit a written notification to the Lansing District Supervisor of the Surface Water Quality Division indicating whether or not the particular requirement was accomplished.  If the requirement was not accomplished, the notification shall include an explanation of the failure to accomplish the requirement, actions taken or planned by the permittee to correct the situation, and an estimate of when the requirement will be accomplished.  If a written report is required to be submitted by a specified date and the permittee accomplishes this, a separate written notification is not required.

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.

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 a the maximum weight of a pollutant discharged in any single day.

g.         24-Hour Composite Sample

            24-hour composite sample is defined as a flow proportioned composite sample consisting of hourly or more frequent portions.

h.         Grab Sample

            Grab sample is defined as a single sample of wastewater taken at neither set time nor flow.

i.          Nondomestic User

A nondomestic user is defined as any discharger to the permittee's treatment works that discharges wastes other than or in addition to water-carried wastes from toilet, kitchen, laundry, bathing or other facilities used for household purposes.

j.          Significant Industrial User

            A significant industrial user is defined as a nondomestic user that:

(1)        is subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or

(2)        discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process wastestream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the permittee as defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely affecting the POTW's treatment plant operation or violating any pretreatment standard or requirement (in accordance with 40 CFR 403.8(f)(6).

k.         Interference

Interference is defined as a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

(1)        Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and

(2)        Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA) , and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

1.         National Pretreatment Standards

National Pretreatment Standards are defined as the regulations promulgated by or to be promulgated by the Federal Environmental Protection Agency pursuant to Section 307(b) and (c) of the Act.  The standards establish nationwide limits for specific industrial categories for Discharge to Publicly Owned Treatment Works.

m.        Pretreatment

Pretreatment is defined as reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant properties to a less harmful state prior to discharge into a public sewer.  The reduction or alteration can be by physical, chemical, or biological processes, process changes, or by other means.  Dilution is not considered pretreatment unless expressly authorized by an applicable National Pretreatment Standard for a particular industrial category.

n.         Water Quality Standards

The Water Quality Standards are defined as Part 4 of the General Rules of the Michigan Water Resources Commission promulgated by authority of Sections 2 and 5 of the Michigan Act.

3.         Monitoring

a.         The analytical test procedures used shall conform to the rules and regulations promulgated under Section 304(h) of the "Act" (Title 40, Chapter 1, Subchapter D., Part 136-Guidelines Establishing Test Procedures for the Analysis of Pollutants).  Copies are available from the Surface Water Quality Division on request.  For parameters not covered by the regulations, test procedures shall be submitted for approval to the Chief of the Permits Section of the Surface Water Quality Division.

b.         The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and analytical instrumentation at intervals to ensure accuracy of measurements.

c.         Fecal Coliform Bacteria analyses, at facilities using chlorine for disinfection, shall be performed on "grab" samples collected at varying times during an operating day.  Information derived therefrom shall be correlated with chlorine residual levels, flow rate, and loading variations for the purpose of minimizing chlorine use, while maintaining compliance with the effluent limitations.

4.         Recording Results

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

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

b.         The person(s) who performed the measurement or sample collection;

c.         The dates the analyses were performed;

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

e.         The analytical techniques or methods used;

f.          The date of and person responsible for equipment calibration; and

g.         The  results of all required analyses.

5.         Additional Monitoring by Permittee

If the permittee monitors any pollutant more frequently than required by this permit, using approved analytical methods as specified above, the results shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report.

6.         Records Retention

All records and information resulting from the monitoring activities required by this permit, including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation, shall be retained for a minimum of three (3) years or longer if requested by the Surface Water Quality Division or the Regional Administrator.

B.      PERMIT PROGRAM ADMINISTRATION

1.         Michigan Water Resources Commission

            The Michigan Water Resources Commission has been designated the authority to administer the NPDES permit program in the State of Michigan.

2.         Regional Administrator

Where used within this permit, the term Regional Administrator shall mean the Administrator, U.S. Environmental Protection Agency-Region V, 230 South Dearborn Street, Chicago, Illinois, 60604.

3.         N.P.D.E.S.

NPDES is defined as the National Pollutant Discharge Elimination System pursuant to Section 402 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq, P.L. 92-500, 95-217).

4.         Surface Water Quality Division

            The Surface Water Quality Division of the Michigan Department of Natural Resources provides the staff for the administration of the NPDES program by the Michigan Water Resources Commission.  Reports, notifications, and questions regarding this permit or the NPDES program should be addressed to the Lansing 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 Lansing 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 Lansing District Supervisor of the Surface Water Quality Division and the Regional Administrator with the following information, in writing, at the time of submittal of the monthly operating data:

a.         a description of the circumstances and cause of noncompliance; and

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

5.         Facilities Operation

            All waste collection, control, treatment and disposal facilities shall be operated in a manner consistent with the following:

a.         At all times, all facilities shall be operated and maintained in an efficient and responsible manner.

b.         The permittee shall provide an adequate operating staff which is qualified to carry out the operation, maintenance and testing functions required to ensure compliance with this permit.

c.         Maintenance of treatment facilities shall not result in degradation of effluent quality.

d.         Under no circumstances shall the permittee allow introduction of the following wastes into the waste treatment system:

(1)        Wastes which create or can create a fire or explosion hazard - defined as being greater than 20% of the lower explosive limit (LEL) for the substance;

(2)        Wastes which create or cause corrosive structural damage;

(3)        Wastes with a pH lower than 5.0 or greater than 11.0;

(4)        Solid or viscous substances in amounts which cause obstructions to the flow in collecting or intercepting sewers or interference with the proper operation of the treatment works;

(5)        Any pollutant, including oxygen demanding substances released in a discharge of such volume or strength which causes interference in the treatment works; or

(6)        Heat in such amounts that biological activity is inhibited at the treatment works resulting in interference.  The discharge of heat must be regulated so that the temperature at the treatment works influent does not exceed 40°C (104°F).

6.         Adverse Impact

            The permittee shall take all reasonable steps to minimize any adverse impact to waters of the state resulting from noncompliance with this permit.  Such steps may include accelerated or additional monitoring as necessary to determine the nature and impact of the noncompliance.

7.         Waste Treatment Residues

Solids, sludges, ashes, filter backwash, scrubber water, or other pollutants resulting from the treatment or control of wastewaters shall be disposed in an environmentally compatible manner.  Such disposal shall not result in any unlawful pollution of the air, surface waters or groundwaters of the state.  Additional monitoring may be required to confirm the adequacy of disposal.

8.         By-passing or Accidental Losses

Any diversion from or by-pass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where unavoidable to prevent loss of life, severe property damage, extended duration process upset, or (ii) where excessive flow would damage any facilities necessary for compliance with the effluent limitations of this permit.  The permittee shall promptly notify the Surface Water Quality Division of any such by-pass, or any accidental loss of pollution materials by telephone at 1-800-292-4706.  Such notice shall be supplemented by a written report submitted within five (5) days to the Lansing 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 Lansing 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 f Dr a hearing, this permit may be modified, suspended, or revoked in whole or ii 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.

Section A.

2.         Special Condition  -  Chronic Toxicity Testing

To satisfy the aquatic toxicity-related requirements of Rule 57 of the Michigan Water Quality Standards, the effluent from outfall 001 shall not exceed 2.5 chronic toxic units (TU_c). "Chronic toxic unit" is defined as the reciprocal of the effluent's maximum acceptable toxicant concentration (MATC) expressed with 100 as the numerator and the MATC as a percentage in the denominator.  Maximum acceptable toxicant concentration is defined in Rule 43(q) of the Part 4 Rules of the Michigan Water Resources Commission.  The 2.5 TU_c, is not an effluent limit, but the criterion to be used to determine if other activities under this special condition are necessary.

a.         On or before June 1, 1993, the permittee shall submit a biomonitoring plan outlining specific chronic toxicity testing and reporting procedures to the Lansing District Supervisor of the Surface Water Quality Division for approval.  The plan shall include four chronic toxicity tests on two test species using final effluent from outfall 001.  The toxicity tests shall be conducted once every 2 months after approval of the biomonitoring plan.  Test species shall include fathead minnow and either Daphnia or Ceriodaphnia (alternate test species may be used upon approval of the Lansing District Supervisor).  Testing and reporting procedures shall follow procedures contained in EPA/600/4-89/001, "Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms", for fathead minnow and Ceriodaphnia; or ASTM E 1193-87, "Standard Guide for Conducting Renewal Life-Cycle Toxicity Tests with Daphnia magna", for Daphnia (alternate procedures may be used upon approval of the Lansing District Supervisor).  The chronic toxicity tests shall be conducted and reported such that the acute toxicity of outfall 001 can be determined.  Acute toxicity data shall be included in the reporting of the chronic toxicity test results.

b.         The permittee may supplement the toxicity testing described in paragraph a. by conducting toxicity testing of unaltered (prior to dechlorination and temperature adjustment) effluent.  In the absence of such supplemental test results, the Surface Water Quality Division may consider the following, in addition to the altered effluent test results required in paragraph a., in the development of permit requirements: (1) the chlorine content of the effluent, (2) the temperature of the effluent, and (3) the toxicity (if any) of the ambient receiving water.

c.         The permittee shall implement the biomonitoring plan within 60 days after approval of the Lansing District Supervisor.

d.         Annual reports on the tests conducted under paragraph c. shall be submitted to the Lansing District Supervisor within one month after completion of the fourth quarter test each year.

e.         The Surface Water Quality Division will review the annual toxicity data submitted by the permittee to determine if the toxicity requirements of Rule 57 are being satisfied.

(1)        If the aquatic toxicity requirements of Rule 57 are not being met, upon written notification by the Lansing District Supervisor, the following conditions apply:

(a)        Within 90 days of the above notification, the permittee shall submit a Toxicity Identification/Reduction Evaluation (TI/RE) plan to the District Supervisor 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.

(b)        The permittee shall implement the approved TI/RE plan in accordance with the approved schedule.

(2)        If the toxicity requirements of Rule 57 are close to being exceeded, upon written notification by the Lansing District Supervisor, the permittee shall continue to conduct quarterly chronic toxicity tests on the final effluent from outfall 001 for the life of the permit.  The tests shall be conducted and reported as specified in paragraph a. After 1 year the monitoring frequency may be reduced upon approval of the Lansing District Supervisor if the test data indicate that the toxicity requirements of Rule 57 are consistently being met.  Upon approval of the Lansing District Supervisor, the chronic toxicity tests may be performed using the more sensitive species selected from the chronic toxicity database produced in paragraph c.  If a more sensitive species cannot be identified, the chronic toxicity tests shall be performed with both species.

The Surface Water Quality Division will review the toxicity data submitted by the permittee to determine if the toxicity requirements of Rule 57 are being satisfied.  If the toxicity requirements of Rule 57 are not being met, upon written notification by the Lansing District Supervisor, the conditions of paragraph e.(l) apply.

f.          This permit may be modified in accordance with Part II.D.4. to include additional whole effluent toxicity control requirements as necessary.