RECEIVED
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MAY 2 6 2
o0
6
AMERICAN BOTTOM CONSERVANCY,
)
STATE OF
ILLINOIS
Pollution Control Board
Petitioner,
)
v .
)
Case No. PCB 2006-171
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY, and UNITED STATES STEEL
)
CORPORATION - GRANITE CITY WORKS
)
Respondents
.
)
NOTICE OF FILING
To
:
Maxine I . Lipeles
Division of Legal Counsel
Interdisciplinary Environmental Clinic
Illinois Environmental Protection Agency
Washington University School of Law
1021 North Grand Avenue East
One Brookings Drive - Campus Box 1120
P.O. Box 19276
St. Louis, MO 63130-4899
Springfield, IL 62794-9276
PLEASE TAKE NOTICE that on May 26, 2006 there was filed with the Clerk of the
Illinois Pollution Control Board of the State of Illinois an original, executed copies of the
APPEARANCES, MOTION TO DISMISS and MEMORANDUM IN SUPPORT OF
MOTION TO DISMISS, of the United States Steel Corporation - Granite City Works, copies of
which are herewith served upon you
.
Dated: May 26, 2006
Erika K. Powers
Carolyn S . Hesse
David T. Ballard
Barnes& Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
(312)357-1313
By :
Respectfully submitted,
United States Steel Corporation - Granite City Works,
One of Its Attorneys
THIS FILING IS SUBMITTED ON RECYCLED PAPER
PROOF OF SERVICE
I, on oath state that I caused to be served the attached NOTICE OF FILING,
APPEARANCE, MOTION TO DISMISS and MEMORANDUM IN SUPPORT OF MOTION
TO DISMISS, to be served by U.S. Mail, upon the following persons :
CHDS01 ()TH335064v1
Maxine I. Lipeles
American Bottom Conservancy
Interdisciplinary Environmental Clinic
Washington University School of Law
One Brookings Drive Campus Box 1120
St. Louis, MO 63130-4899
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
Erika K. Powers
THIS FILING IS SUBMITTED ON RECYCLED PAPER
2
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
MAY 2 6 2006
AMERICAN BOTTOM CONSERVANCY,
)
STATE OF ILLINOIS
Pollution Control Board
Petitioner,
)
v .
)
Case No. PCB 2006-171
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY, and UNITED STATES STEEL
)
CORPORATION - GRANITE CITY WORKS
)
Respondents
.
)
APPEARANCE
The undersigned hereby enters an APPEARANCE on behalf of the Respondent, United
States Steel Corporation
- Granite City Works, in this matter
:
Respondent :
United States Steel Corporation - Granite City Works
Attorneys
:
Carolyn S. Hesse
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
Phone: (312) 357-1313
DATED: May 26, 2006
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
Phone
:
(312) 357-1313
CHDS0
1 DTB 335066v1
By :
UNITED STATES STEEL CORPORATION-
GRANITE CITY WORKS
RECEIVED
CLERK'S
OFFICE
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RECEIVED
CLERK'S OFFICE
AMERICAN BOTTOM CONSERVANCY,
)
MAY 2 6 2006
Petitioner,
)
STATE OF ILLINOIS
Pollution Control Board
v .
)
Case No. PCB 2006-171
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY, and UNITED STATES STEEL
)
CORPORATION - GRANITE CITY WORKS
)
Respondents .
)
APPEARANCE
The undersigned hereby enters an APPEARANCE on behalf of the Respondent, United
States Steel Corporation - Granite City Works, in this matter
:
United States Steel Corporation - Granite City Works
Respondent
:
DATED: May 26, 2006
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
Phone: (312) 357-1313
CHDS0 1 DTB3350660
Attorneys :
Erika K. Powers
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
Phone: (312) 357-1313
UNITED STATES STEEL CORPORATION-
GRANITE CITY WORKS
By
:
altvv--~
Erika K. Powers
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
RE C
,E I V
E
D
AMERICAN BOTTOM CONSERVANCY,
)
MAY 2 6 2006
STATE OF ILLINOIS
Petitioner,
)
Pollution Control Board
v
.
)
Case No. PCB 2006-171
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY, and UNITED STATES STEEL
)
CORPORATION -GRANITE CITY WORKS
)
Respondents
.
)
APPEARANCE
The undersigned hereby enters an APPEARANCE on behalf of the Respondent, United
States Steel Corporation - Granite City Works, in this matter :
Respondent :
United States Steel Corporation - Granite City Works
Attorneys
:
David T. Ballard
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
Phone: (312) 357-1313
DATED: May 26, 2006
Barnes & Thornburg LLP
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
Phone: (312) 357-1313
CHDS0 I DID 3351060
By :
UNITED STATES STEEL CORPORATION-
GRANI E CITY WORKS
C-
David T. Ballard
RECEIVED
BEFORE THE POLLUTION CONTROL BOARItLERK'S
OFFICE
OF THE STATE OF ILLINOIS
MAY 2 6 2006
AMERICAN BOTTOM CONSERVANCY,
)
Pollution
STATE OF ILLINOIS
Control Board
Petitioner,
)
v. )
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY, and UNITED STATES STEEL
)
CORPORATION - GRANITE CITY WORKS
)
Respondents
.
)
Case No. PCB 2006-171
(NPDES Permit Appeal)
UNITED STATES STEEL CORPORATION'S MOTION TO DISMISS
Respondent, United States Steel Corporation - Granite City Works ("U . S. Steel"), by its
attorneys and pursuant to 35 Ill. Adm. Code 101 .506, moves the Board to dismiss the American
Bottom Conservancy's ("ABC") Petition for Review of a Decision by the Illinois Environmental
Protection Agency (the "Petition") with prejudice . For the following reasons, the Complaint
should be dismissed
.
I
.
On May 8, 2006, ABC filed the Petition, seeking a review of the Illinois
Environmental Protection Agency's ("IEPA") issuance of a National Pollution Discharge
Elimination System ("NPDES") permit (Permit No. 1L0000329) on March 31, 2006 to U. S
.
Steel to allow discharges of certain pollutants into Horseshoe Lake (the "final NPDES Permit")
.
2
.
Specifically, ABC seeks for IEPA to set aside the final NPDES Permit based on
seven arguments, as summarized in paragraphs 20(a)-(g) of the Petition .
3 .
With the exception of ABC's request for a public hearing, all of the issues raised
by ABC in the Petition have been waived due to ABC's failure to raise the issues during the
public notice period in response to IEPA's proposed NPDES Permit for U. S. Steel .
Accordingly, the Illinois Enviromental Protection Act requires that such issues be dismissed
.
(This filing submitted on recycled paper as definied in
35
111 .
Adm. Code
101 .2021
See
415 ILCS 5/40(e)(2)(A) ("A petitioner shall include the following within a petition
submitted under subdivision (1) of this subsection :
.
. . a demonstration that the petitioner raised
the issues contained within the petition during the public notice period
.
. .")
.
4 .
As to ABC's public hearing claim, the decision to hold a public hearing lies solely
within the discretion of IEPA . Borg-Warner Corp. v. Mauzy, 100 Ill . App. 862, 867, 427 N.E.2d
415, 419 (3 rd Dist. 1981) ; Marathon Oil Co. v. Illinois EPA, PCB No. 92-166, 1994 III . Env .
LEXIS 488, * 19-20 (Ill. Pollution Control Bd ., March 31, 1994). ABC has failed to present any
allegations in the Petition that show that IEPA abused its discretion in declining to hold a public
hearing. Accordingly, ABC's public hearing claim should be dismissed
.
5
.
U. S. Steel files concurrently herewith its Memorandum in Support of its Motion
to Dismiss
.
WHEREFORE, U. S. Steel requests that the Board grant its Motion to Dismiss, dismiss
the Petition with prejudice, and grant all other relief that the Board deems fair and just
.
Respectfully submitted,
Erika K. Powers
Carolyn S. Hesse
David T. Ballard
One North Wacker Drive
Suite 4400
Chicago, Illinois 60606
Phone :
(312) 357-1313
Fax :
(312) 759-5646
Attorneys for Respondent United States
Steel Corporation - Granite City Works
CHDSOI DTB 333672v1
IThis filing submitted on recycled paper as definied in 35 111. Adm. Code 101 .2021
2
BEFORE THE POLLUTION CONTROL BOARD
RECEIVED
OF THE STATE OF ILLINOIS
MAY 2 6 2000
AMERICAN BOTTOM CONSERVANCY,
)
STATE OF ILLINOIS
POIlution Control Board
Petitioner,
)
v .
)
Case No. PCB 2006-171
(NPDES Permit Appeal)
Respondents .
)
UNITED STATES STEEL CORPORATION'S
MEMORANDUM IN SUPPORT OF MOTION TO DISMISS
Respondent, United States Steel Corporation - Granite City Works ("U . S. Steel"), by its
attorneys and pursuant to 35 Ill. Adm. Code 101 .506, files its Memorandum in Support of its
Motion to Dismiss, which seeks the dismissal of the American Bottom Conservancy's ("ABC")
Petition for Review of a Decision by the Illinois Environmental Protection Agency (the
"Petition") with prejudice. In support of its Memorandum, U. S . Steel states as follows
:
INTRODUCTION AND EXECUTIVE SUMMARY
On December 19, 2004, the Illinois Environmental Protection Agency ("IEPA") gave
notice that it proposed to issue a renewal of the National Pollutant Discharge Elimination System
("NPDES") permit (Permit No. IL0000329) governing the discharge by U . S . Steel through its
Granite City Works facility of certain pollutants into Horseshoe Lake (the "proposed NPDES
Permit").' A copy of the December 19, 2004 notice is attached as Exhibit 1 to this
Memorandum . The notice for the proposed NPDES Permit provided that the public notice
ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY, and UNITED STATES STEEL
CORPORATION
- GRANITE CITY WORKS
'
All of the facts stated herein are taken from the allegations in the Petition for purposes of United States Steel's
Motion to Dismiss
.
United States Steel, however, does not make any admissions as to the truth of ABC's
allegations .
IThis filing submitted on recycled paper as definied in 35 III . Adm. Code 101 .2021
period beginning date was December 19, 2004, and the public notice period ending date was
January 18, 2005 . Ex . 1
.
On January 18, 2005, ABC submitted written comments to IEPA regarding the proposed
NPDES Permit. The January 18, 2005 comments raised the following issues with regards to the
proposed NPDES Permit: 1) ABC contended that allowing U. S. Steel to put additional lead and
ammonia into Horseshoe Lake would be contrary to the federal Clean Water Act and the Illinois
Bureau of Water's mission; 2) ABC requested that U . S. Steel should be added to a list of
potential contributors to the impairment of Horseshoe Lake ; 3) ABC alleged that U . S . Steel had
violated ammonia and "other" limits in the past ; 4) ABC requested that IEPA hold a public
hearing; and 5) ABC alternatively asked for a 30-day extension of the public comment period if
IEPA denied ABC's request for a public hearing
. See ABC's January 18, 2006 comments,
attached as Ex. C to the Petition . At no point after receiving these comments did IEPA grant
ABC an extension of time to file additional or supplemental comments
.
Despite the fact that IEPA did not grant any extension of time for filing comments
beyond January 18, 2005, on December 9, 2005, ABC submitted additional comments to IEPA
regarding the proposed NPDES Permit. In the December 9, 2005 comments, ABC raised a
number of issues that had not been raised during the public notice period
. Compare, Ex . C, with
Ex. E. In fact, the only issue contained in ABC's December 9, 2005 comments that had been
properly raised during the public notice period was a request for a public hearing
. See Ex. E
.
On March 8, 2006, IEPA issued a final NPDES Permit for U . S. Steel's Granite City
Works facility. IEPA, however, did not respond to ABC's January 18, 2005 comments at that
time. IEPA later responded by letter dated March 24, 2006
. See Ex. H. On March 31, 2006,
2 For purposes
of
this memorandum, all references to exhibits shall be to the exhibits attached to the Petition, with
the exception
of
Exhibit
I
to this Memorandum .
(This
filing submitted on recycled paper as definied in 35 111 . Adm. Code
101 .2021
2
IEPA reissued the final NPDES Permit to U . S. Steel for its Granite City Works facility (the
"final NPDES Permit"), in order to address its initial error in issuing the permit before
responding to comments raised during the public notice period
. See Ex. I. On April 5, 2006,
IEPA sent a letter to ABC explaining its error in issuing the final NPDES Permit prematurely on
March 8, 2006 : "To remedy this departure from applicable procedures, we reissued the permit on
March 31, 2006. All comments on the record were issued prior to that date and the official date
of issuance for permit #IL0000329 for purposes of establishing the 35-day third-party appeal
timeframe is March 31, 2006 ." See Ex . J .
On April 10, 2006, IEPA separately responded to ABC's untimely December 9, 2005
comments. IEPA explained that because the December 9, 2005 comments were not submitted
during the public notice period, the comments are not part of the administrative record
.
(See Ex
.
K, wherein IEPA properly stated, "Although the comment letter cannot be entered into the
official permit record due to the fact that the letter was received after the close of the comment
period, the Illinois EPA (Agency) offers the following responses for your consideration .") .
On May 8, 2006, ABC filed the Petition, which seeks to have the Board set aside the final
NPDES Permit based primarily on the issues that were raised only after the close of the public
notice period, in ABC's December 9, 2005 comments. Because those comments were submitted
outside of the public notice period set by IEPA's regulations and the public notice accompanying
the proposed NPDES permit, the Board should dismiss all issues contained in the Petition that
were not raised during the public notice period
.
DISCUSSION
I .
Motion to dismiss standard .
"For purposes of ruling on a motion to dismiss, all well-pled facts contained in the
pleading must be taken as true, and all inferences from them must be drawn in favor of the non-
(This filing submitted on recycled paper as definied in 35 III . Adm. Code 101 .2021
3
movant." People v. Pattison Assocs., LLC, PCB No. 05-181, 2005 Ill. Env. LEXIS 580, *9 (111
.
Pollution Control Bd ., Sept. 15, 2005) ; Dorothy v. Flex-N-Gate Corp ., PCB No. 05-49, 2005 III
.
Env. LEXIS 98, *7 (Ill . Pollution Control Bd., Feb. 3, 2005). "A complaint should not be
dismissed for failure to state a claim unless it clearly appears that no set of facts could be proven
under the pleadings that would entitle the complainant to relief." Id.
It .
The issues included in the Petition that were not raised by ABC during the public
notice period should be dismissed
.
415 ILCS 5/40(e) sets forth the procedural requirements for a third-party appeal of the
issuance of an NPDES permit. Specifically, section 40(e)(1) provides that "If the Agency grants
or denies a permit under subsection (b) of Section 39 of this Act, a third-party, other than the
permit applicant or Agency, may petition the Board within 35 days from the date of issuance of
the Agency's decision, for a hearing to contest the decision of the Agency." In order to file a
viable claim, a petitioner must include the following in its petition
:
(A) a demonstration that the petitioner raised the issues contained
within the petition during the public notice period or during the
public hearing on the NPDES permit application, if a public
hearing was held; and
(B) a demonstration that the petitioner is so situated as to be
affected by the permitted facility
.
415 ILCS 5/40(e)(2)
.
Further, section 40(e)(3) provides that if a petitioner satisfies section
40(e)(2), "the Board shall hear the petition
.
.
. exclusively on the basis of the record before the
Agency." 415 ILCS 5/40(e)(3)
.
A review of the Petition shows that ABC cannot make the demonstration required by
section 40(e)(2) because it includes issues in the Petition that were not raised during the public
notice period. IEPA issued the proposed NPDES Permit for U . S. Steel on December 19, 2004
.
See Ex . 1. According to Illinois regulations and IEPA's public notice, ABC had thirty days from
(This filing submitted on recycled paper as definied in 35 III. Adm. Code 101.2021
4
the publication of the proposed NPDES Permit to submit comments. 35 Ill. Adm. Code
.
309.109(b) ("The Agency shall provide a period of not less than 30 days following the date of
first publication of the public notice during which time interested persons may submit their
written views on the tentative determinations with respect to the NPDES application .") .
Consistent with this rule, the December 19, 2004 notice provided that public commenters had
until January 18, 2005 to submit their comments on the proposed NPDES Permit . Ex. 1. ABC
does not-and cannot-allege that the public notice period was extended by IEPA
.
As a result, all issues contained in the Petition that were not raised by ABC during the
public notice period (i.e., only in the December 9, 2005 comments) must be dismissed as
untimely .
See
415 ILCS 5/40(e)(2)(A). As the comparison table below shows, only ABC's
request for a public hearing was asserted in both the January 18, 2005 comments and the
Petition. As to all other issues in the Petition that were not timely raised during the public notice
period, such issues should be dismissed with prejudice for failure to comply with Section
40(e)(2)(A) .
[This filing submitted on recycled paper as definied in 35 Ill . Adm . Code 101 .2021
5
ISSUES IN
PETITION
RAISED DURING
COMMENT PERIOD?
ABC requested a public hearing . ¶ 20(a)
.
Ex. C, p. 1
.
ABC claims that IEPA incorrectly calculated monthly effluent load
limits, and thus set monthly effluent limits at levels that are illegally
high. ¶ 20(b)
.
No
.
ABC claims that IEPA made a gross error in setting the
concentration-based effluent limits for cyanide . ¶ 20(c) .
No .
ABC claims that IEPA failed to enter a compliance schedule for
cyanide limits. ¶ 20(d)
.
No
.
ABC claims that IEPA improperly granted a special effluent limit
for ammonia for the month of March . ¶ 20(e)
.
No
.
III .
IEPA's denial of a public hearing was not an abuse of discretion
.
The allegation that IEPA wrongfully denied ABC a public hearing should also be
dismissed with prejudice . IEPA's obligation to hold a public hearing is governed by the Illinois
Administrative Code, which provides :
The Agency shall hold a public hearing on the issuance or denial of
the an [sic] NPDES Permit or group of permits whenever the
Agency determines that there exists a significant degree of public
interest in the proposed permit or group of permits (instances of
doubt shall be resolved in favor of holding the hearing), to warrant
the holding of such a hearing
.
35 Ill. Adm. Code 309.115(a)(1). The decision to hold a public hearing lies within the discretion
of IEPA .
Borg-Warner Corp. v. Mauzy, 100 Ill
.
App. 862, 867, 427 N .E.2d 415, 419 (3rd Dist .
1981) (The decision to hold a public hearing "is a discretionary decision to be made by the
Agency.") ;
Marathon Oil Co. v. Illinois EPA,
PCB No. 92-166, 1994 Ill . Env. LEXIS 488, * 19-
20 (Ill. Pollution Control Bd ., March 31, 1994) ("Marathon presents no argument that would
allow this Board to conclude that the Agency abused this discretion or otherwise failed to
comport with the requirements pertaining to NPDES hearings .") .
As the allegations of the
Petition demonstrate, IEPA exercised its discretion and decided not to hold a public hearing
.
Nothing in the Petition alleges that IEPA determined that a significant degree of public interest
in the Permit existed at the time IEPA decided not to hold a public hearing ; and nothing in the
Petition indicates that IEPA acted contrary to such a determination
.
Nothing in the Petition
(This filing submitted on recycled paper as definied in 35 Ill. Adm. Code 101 .2021
6
ISSUES IN
PETITION
RAISED DURING
COMMENT PERIOD?
ABC claims that IEPA failed to include effluent limits for sulfate,
total phosphorus, and fecal coliform. ¶ 20(f)
.
No .
ABC claims that IEPA failed to require U . S . Steel to monitor its
effluent for naphthalene, BAP, and tetrachloroethylene at Outfall
001. ¶ 20(g) .
No .
shows that IEPA abused its discretion, as IEPA is free to decline to hold a public hearing. Id .
Accordingly, ABC's claim that IEPA failed to hold a public hearing should be dismissed
.
CONCLUSION
WHEREFORE, U. S. Steel requests that the Board grant its Motion to Dismiss, dismiss
the Petition with prejudice, and grant all other relief that the Court deems fair and just
.
Respectfully submitted,
Erika K. Powers
Carolyn S . Hesse
David T. Ballard
One North Wacker Drive, Suite 4400
Chicago, Illinois 60606
Phone
:
(312) 357-1313
Fax
:
(312) 759-5646
Attorneys for Respondent United States
Steel Corporation - Granite City Works
CHDS01 DTB 334346v2
[This filing
submitted
on
recycled paper as defmied
in 35
111. Adm. Code 101 .2021
7
Exhibit 1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
AMERICAN BOTTOM CONSERVANCY,
)
Petitioner,
)
V.
)
Case No. PCB 2006-171
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY, and UNITED STATES STEEL
)
CORPORATION - GRANITE CITY WORKS
)
Respondents.
)
AFFIDAVIT OF CARL CANNON
I, Carl Cannon, make the following affidavit, pursuant to 735 ILCS 5/1-109-
1
..
I have personal knowledge of the facts set forth in this affidavit and could so
testify to them if called upon to do so
.
2 .
1 am an Environmental Manager for the Granite City Works facility of United
States Steel Corporation ("U . S. Steel"), the respondent in the above-captioned permit appeal
.
3 .
1 am familiar with the draft and final permits issued by the Illinois Environmental
Protection Agency ("IEPA") for the Granite City Works facility
.
4 .
Attached to this affidavit is a true and accurate copy of the "Draft Reissued
NPDES Permit to Discharge into Waters of the State," regarding a proposed National Pollutant
Discharge Elimination System ("NPDES") permit for U
.. S. Steel's Granite City Works facility,
dated December 19, 2004, which was issued by the Illinois Environmental Protection Agency
(the "Proposed NPDES Permit"). U. S. Steel received the Proposed NPDES Permit on or about
December 20, 2004
.
.
Under penalties as provided bylaw pursuant to Section 1-109 of the Illinois Code of
Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true
and correct, except as to matters therein stated to be on infonnation and belief and as to such
matters the undersigned certifies as aforesaid that he verily believes the same to be true
.
Executed on this 25th day of May 2006
.
CHDS01 DID 334753v1
2
NPDES Permit No IL0000329
Notice No BMB :04090101
.bah
Public Notice Beginning Date: December 19, 2004
Public Notice Ending Date : January 18, 2005
National Pollutant Discharge Elimination System (NPDES)
Permit Program
Draft Reissued NPDES Permit to Discharge into Waters of the State
Public Notice/Fact Sheet Issued By
:
Illinois Environmental Protection Agency
Bureau of Water,
Division of Water Pollution Control
Permit Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
217/782-0610
Name and Address of Discharger.
Name and Address of Facility :
United States Steel Corporation
United States Steel Corporation
Granite City Works
Granite City Works
20th and State Streets
20th and State Streets
Granite City, Illinois 62040
Granite City, Illinois 62040
(Madison County)
The Illinois Environmental Protection Agency (IEPA) has made a tentative determination to issue a NPDES permit to discharge into the
waters of the state and has prepared a draft permit and associated fact sheet for the above named discharger .. The Public Notice period will
begin and end on the dates Indicated in the heading of this Public Notice/Fact Sheet. The last day comments will be received will be on the
Public Notice period ending date unless a commentor demonstrating the need for additional time requests an extension to this comment
period and the request is granted by the IEPA. Interested persons are invited to submit written comments on the draft permit to the IEPAat
the above address. Commentors shall provide his or her name and address and the nature of the issues proposed to be raised and the
evidence proposed to be presented with regards to those issues . Commentors may include a request for public hearing. Persons
submitting comments and/or requests for public hearing shall also send a copy of such comments or requests to the permit applicant
. The
NPDES permit and notice number(s) must appear on each comment page
The application, engineer's review notes Including load limit calculations, Public Notice/Fact Sheet, draft permit, comments received, and
other documents are available for Inspection and maybe copied at the IEPA between 9 :30 am . and 3:30 p m
.. Monday through Friday when
scheduled by the interested person
.
If written comments or requests indicate a significant degree of public Interest in the draft permit, the permitting authority may, at its
discretion, hold a public hearing .. Public notice will be given 45 days before any public hearing
.. Response to comments will be provided
when the final permit is Issued. For further information, please call Beth M Burkard at 217/782-0610
.
The applicant is engaged in production of flat rolled steel products in an integrated steel mill (SIC 3312, 3316, and 2999). Plant operation
results in an average discharge of 25 MGD of treated process wastewater from outfall 001, 0.455 MGD of coke by-products wastewater
from outfall A01, 0.604 MGD of cold rolling mill wastewater from outfall 801, and 0 .20 MGD of landfill leachate wastewaterfrom outfall C01
.
The following modification is proposed : This facility was purchased from National Steel Corp . by United States Steel, with the exception of
Landfill III and Landfill IV. The facility no longer use Sintering, and Sulfuric Acid Pickling System has been removed . Internal outfall C01
has been added, for the landfill leachate, prior to treatment and discharge with outfall 001
Application is made for new and existing discharge(s) which are located in Madison County, Illinois. The following Information Identifies the
discharge point, receiving stream and stream classifications
:
®EC' 9 2004
PUBLIQ
r
Outfall
Receiving Stream
Latitude
Longitude
Stream
Classification
Biological Stream
Characterization
001
Horseshoe Lake
38° 41' 31"
North
90° 06' 28"
West
General Use
Not Rated
Public NolicelFact Sheet- Page 2-NPDES Permit No IL0000329
To assist you further in identifying the location of the discharge please see the attached map
.
The stream segment receiving the discharge from outfall 001 is on the 303 (d) list of Impaired waters . The following parameters have been
identified as the pollutants causing impairment
:
Pollutants
Potential Contributors
PCBs, pH, suspended solids, excessive algal growth .
Agriculture, crop-related sources, non-irrigated crop
ammonia (unionized), nutrients, phosphorus, total
production, habitat modification, stream bank
ammonia-N
modification/destabilization
The discharge(s) from the facility shall be monitored and limited at all times as follows
:
Outfall: 001 Treated Process Wastewater
r
REGULATION
35 IAC 304.125
35 IAC 304.120
35 IAC 304.120
35 IAC 304.124
35 IAC 304.124
35 IAC 302.208
35 IAC 302
35 IAC 302.208
35 IAC 304.124
35 IAC 302.208
35 IAG 302.208
IPCB AS 904
351AC 355
35 IAC 355
351AC 355
35 IAC 355
'Spring/Fall is April-May and September-October Summer Is June-August Winter Is November-February . Weekly average limits
apply for Spring/Fall, Summer, and March. Weekly average limits areas follows: Spring/Fall: 7 0 mg/L; Summer: 5.5 mg/L; March :
10 mg/L. No weekly average limit applies in Winter
LOAD LIMITS lbs/day
DAF (DMF)
CONCENTRATION
LIMITS me/I
30 DAY
DAILY
30 DAY
DAILY
PARAMETER
AVERAGE
MAXIMUM
REGULATION
AVERAGE
MAXIMUM
Flow (MOD)
Measure
pH
60-90
CBOD5
2085
4170
35 IAC 304.120
10
20
Total Suspended Solids
2502
5004
35 IAC 304 .120
12
24
Oil & Grease
1511
3492
40 CFR 420
15
30
Iron (total)
417
834
35 IAC 304.124
2
4
Iron (dissolved)
209
35 IAC 302.208
1
Lead (total)
5.6
17
40 CFR 420
0.09
0 .4
Zinc (total)
12
56
40 CFR 420
0.17
Cyanide (total)
19
35
40 CFR 420
0.1
0,2
Cyanide (available by
1 .1
4 6
35 IAC 302 .208
0 01
0.02
OIA 1677)
Phenol (4AAP)
5.0
10
Variance of
301(g) of CWA
0.1
Fluoride
Ammonia Nitrogen'
834
IPCB AS 90-4
4
Spring/Fall
584
3128
35 IAC 355
2.8
15
Summer
459
3128
35 IAC 355
2.2
15
Winter
1501
3128
351AC 355
7.2
15
March
834
3128
35 IAC 355
4.0
15
Public Notice/Fact Sheet- Page 3 - NPDES Permit No IL0000329
CONCENTRATION
LIMITS moll
30 DAY
DAILY
AVERAGE
MAXIMUM
REGULATION
Measure
Outfall: 801 - Cold Rolling Mill Wastewater
Flow (MGD)
Measure
Tetrachloroethylene
1 1
40 CFR 420
Naphthalene
0 73
40 CFR 420
Outfall: C01 - Landfill Leachate Wastewater
Flow (MGD)
Measure
Load Limit Calculations :
A .
Load limit calculations for the following pollutant parameters were based on an average flow of 25 MGD and using the formula of
average flow (MGD) X concentration limit (mg/I) X 8 34 = the average or maximum load limit (lbs/day): for outfall 001, CBOD5, Total
Suspended Solids, Iron (total), Iron (dissolved), Cyanide (available), Fluoride, and Ammonia as Nitrogen
B
.
Production based load limits were calculated by multiplying the average production by the effluent limit contained in 40 CFR 420
.
Production figures utilized In these calculations for the following subcategories are as follows :
Subcateqorv
Production Rate
Subpart A - Coke Making Subcategory
1619 tons/day
Subpart C - Iron Making Subcategory
7192 tons/day
Subpart D - Steel Making Subcategory
8565 tons/day
Subpart F - Continuous Casting Subcategory
8433 tons/day
Subpart G - Hot Forming Subcategory
9187 tons/day
Subpart I
- Acid Pickling Subcategory
2370 tons/day
Subpart J
- Cold Forming Subcategory
2198 tons/day
Subpart K - Alkaline Cleaning Subcategory
2451 tons/day
Subpart L
- Hot Coating Subcategory
2451 tons/day
For outfall 001: Oil & Grease, Lead, Zinc, Cyanide (total) . and Phenol (4AAP); for outfall A01 : Naphthalene and Benzo(a)pyrene; for outfall
BO I : Naphthalene and Tetrachloroethylene were limited using Federal production based load limits
. The following sample calculation
shows the methodology utilized to determine production based load limitations
:
For outfall B01, Naphthalene Daily Maximum Load Limit = Effluent Limitation from 40 CFR 420 .103(a)(5)-BAT x Production Rate =0.000167
lb/f 000 lb product x 2198 tons/day x (2000 lb/ton) = 0 73 lb/day = Naphthalene Daily Maximum Load Limit at outfall 801
.
When several subcategories have effluent limitations for a pollutant . the load limits from each subcategory are added to obtain the total
federal production based load limit
The load limits appearing In the permit will be the more stringent of the State and Federal Guidelines
.
r
DR4p1
MoniDEC 19
20
PUBLIC
N' r
LOAD LIMITS lbs/day
DAF (DMF)
30 DAY
PARAMETER
AVERAGE
Outfall: AOl
- Coke By-Products Wastewater
DAILY
MAXIMUM
REGULATION
Flow (MGD)
Naphthalene
0 10
40 CFR 420
Benzo(a)pyrene
0 .15
40 CFR 420
Total Suspended Solids
Public Notice/Fact Sheet - Page 4 - NPOES Permit No IL0000329
The following explain the conditions of the proposed permit :
Special Conditions are used to clarify discharge and monitoring requirements
.
Samples for each outfall shall be taken at points
representative of each waste stream
.. A Certified Class K operator is required. An Aquatic Toxicity Screening Study must be conducted
12 months prior to permit expiration, using Ceriodaphnia and Fathead minnow. Non-compliance loads of zinc may be demonstrated to
not be in violation of the permit limits by submitting calculations for zinc background credits, which will account for any zinc that is drawn
Into the system when the influent water is taken from the Mississippi River
public Notice of Draft Permit
EL
1
s
2034
PUBLIC
Nor/cE
Public Notice Number BMB:04090101 .bah is hereby given by Illinois EPA . Division of Water Pollution Control, Permit Section, 1021 North
Grand Avenue East, Post Office Box 19276, Springfield Illinois 62794-9276 (herein Agency) that a draft National Pollutant Discharge
Elimination System (NPDES) Permit Number IL0000329 has been prepared under 40 CFR 124 6(d) for United States Steel Corporation,
Granite City Works, 20th and State Streets, Granite City, Illinois 62040 for discharge into Horseshoe Lake from the United States Steel
Corporation, Granite City Works, 20th and State Streets . Granite City, Illinois 62040, (Madison County) . Facility is an integrated steel mill,
located in Granite City, in Madison County, in Southeastern Illinois. The plant makes its own coke in on-site Coke Ovens. Two Iron Blast
Furnaces are used to make molten iron . Steel is made in two Basic Oxygen Furnaces, using scrap steel and molten iron . The steel is
formed into slabs by two Continuous Casters . Steel slabs are converted into rolls by an 80-inch Hot Strip Mill, pickled in a Hydrochloric
Acid Pickling station, and cold formed by a Direct Application Cold-Rolling Mill The facility also employs three Galvanizing Lines for
finishing of the steel The final product from the facility is coiled sheet steel, though some steel is sold as cast slabs or unfinished coils,
The Coke Plant By-products (Internal Outfall A01) are treated with activated sludge before entering the Blast Furnace Lagoon . Internal
Outfall B01, the wastewater generated by the Cold Rolling Mill, is treated in an Oil Skimming Basin before entering the Steelworks Lag don .
Internal Outfall C01 is the leachate from the landfill) at the facility, and the leachate is treated in an Oil Skimming Basin, and then treated
in the Steelworks Lagoon. With the exception of wastewater from the Blast Iron Furnace complex Including stormwater, all other
wastewater sources enter an Oil Skimming Basin, and then are treated in the Steelworks Lagoon, including storm water, water from the
pickling scrubberr wastewater from the galvanizing lines. and all other water sources in the plant. Water generated at the Blast Iron
Furnaces Is directed to the Blast Furnace Lagoon, after treatment in a separate Oil Skimming Basin Water is pumped from the Blast
Furnace and Steelworks Lagoons into either the Tertiary Treatment Plant for filtration, or recycled to be used as source water for the plant.
From the Tertiary Treatment Plant, the treated wastewater is pumped through a flume and into Horseshoe Lake for discharge at Outfall
001
.
The application, draft permit and other documents are available for inspection and may be copied at the Agency between 9 :30 A.M . and
3:30 P M. Monday through Friday. A Fact Sheet containing more detailed information is available at no charge . For further information,
call the Public Notice Clerk at 2171782-0610
.
Interested persons are invited to submit written comments on the draft permit to the Agency at the above address The NPDES Permit
and Joint Public Notice numbers must appear on each comment page All comments received by the Agency not later than 30 days from
the date of this publication shall be considered In making the final decision regarding permit issuance
Any Interested person may submit written request for a public hearing on the draft permit, stating their name and address, the nature of
the issues proposed to be raised and the evidence proposed to be presented with regards to these issues in the hearing. Such requests
must be received by the Agency not later than 30 days from the date of this publication
If written comments and/or requests indicate a significant degree of public Interest in the draft permit, the permitting authority may, at its
discretion, hold a public hearing . Public notice will be given 30 days before any public hearing
.
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"Location Maps"
Copy of U.S. Geological Survey Map
^
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.
.
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.
. .
Granite City, IL 62040
Expiration Date:
Name and Address of Permittee :
NPDES Permit No. IL0000329
Illinois Environmental Protection Agency
Division of Water Pollution Control
1021 North Grand Avenue East
Post Office Box 19276
Springfield. Illinois 62794-9276
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Reissued (NPDES) Permit
Issue Date :
Effective Date:
Facility Name and Address:
United States Steel Corporation
United States Steel Corporation
Granite City Works
Granite City Works
20th and State Streets
20th and State Streets
Granite City, Illinois 62040
Granite City. Illinois 62040
Discharge Number and Name
:
Receiving Waters
:
001
Treated Process Wastewater
Horseshoe Lake
A01
Coke By-Products Wastewater
B01
Cold Roiling Mill Wastewater
Col
Landfill Leachate Wastewater
In compliance with the provisions of the Illinois Environmental Protection Act, Title 35 of III . Adm Code, Subtitle C and/or Subtitle D, Chapter
1, and the Clean Water Act (CWA), the above-named permittee is hereby authorized to discharge at the above location to the above-named
receiving stream in accordance with the standard conditions and attachments herein
.
Permittee is not authorized to discharge after the above expiration date In order to receive authorization to discharge beyond the expiration
date, the permitee shall submit the proper application as required by the Illinois Environmental Protection Agency (IEPA) not later than
180 days prior to the expiration date,
Alan Keller, P E .
Manager, Permit Section
Division of Water Pollution Control
SAK:BMB:040901 01 bah
02
F-F
DEC 19 2004,
PUBLIC NOTICE
I
Page 2
NPDES Permit No IL0000329
Effluent Limitations and Monitorinq
1 . From the effective date of this permit until the expiration date, the effluent of the following discharge(s) shall be monitored and limited
at all times as follows :
I
Outfall(s): 001 Treated Process Wastewater
*For Ammonia as Nitrogen, Spring/Fall is April-May and September-October Summer is June-August . Winter is November-February
.
Weekly average limits will apply. For Spring/Fall, weekly average limit is 7 .0 mg/L (1460 lb/day). Summer weekly average limit is 5.5 mg/L
(1147 lb/day). March weekly average limit Is 10 mg/L (2085 lb/day) No weekly average limit for Winter
.
"See Special Condition 10
.
LOAD LIMITS lbs/day
OAF (DMF)
CONCENTRATION
LIMITS mall
PARAMETER
Flow (MGD)
pH
30 DAY
DAILY
AVERAGE
MAXIMUM
30 DAY
AVERAGE
DAILY
MAXIMUM
SAMPLE
FREQUENCY
Measure When
Monitoring
2/Week
SAMPLE
TYPE
Grab
See Special Condition 1
See Special Condition 2
6.0-9 .0
CBOD,
2085
4170
10
20
2/Week
Composite
Total Suspended Solids
2502
5004
12
24
2/Week
Composite
Oil & Grease
1511
3492
15
30
2/Week
Grab
Iron (total)
417
834
2
4
2/Week
Composite
Iron (dissolved)
209
1
2/Week
Composite
Lead (total)
5.6
17
0 09
0,4
1/Quarter
Composite
Zinc (total)
12
56
0 17
2/Week
Composite
Cyanide (total)
19
35
0 1
0.2
2/Week
Mathematical
Cyanide (available by
11
46
001
0.02
2/Month
Composite"
Mathematical
OIA 1677)
Composite-
Phenol (4AAP)
5-0
10
0.1
2/Week
Composite
Fluoride
834
4
2/Week
Composite
Ammonia-Nitrogen*
Spring/Fall
584
3128
28
15
2/Week
Composite
Summer
459
3128
2.2
15
2NVeek
Composite
Winter
1501
3128
7 2
15
2/Week
Composite
March
834
3128
40
15
2NVeek
Composite
Page 3
NPDES Permit No . IL0000329
Effluent Limitations and Monitorinq
DRAFT
~ ~
1 . From the effective date of this permit until the expiration date, the effluent of the following discharge(s) shall 1fF1noAfl8rQQ@l)d limited
at all times as follows :
Outfall(s): A01, 801, C01
:.,LOAD LIMITS lbs/day
CONCENTRATION
DAF (DMF)
+
r,DAY DAILY
D
13
,
PARAMETER
AVERAGE
'MAXIMUM
Outfall AO I - Coke By-Products Wastewater
Flow (MGD) See Special Condition I Continuous Measure
Total Suspended Solids Monitor 1/Month Composite
Naphthalene 010 2/Week Composite
Benzo(a)pyrene
015
2/Week
Composite
Outfall: 801 - Cold Rolling Mill Wastewater
Flow (MGD)
See Special Condition 1
When
Measure
Monitoring
Tetrachloroethylene
11
2/Year
Grab
Naphthalene
0 .73
1/Month
Grab
Outfall: C01 - Landfill Leachate Wastewater
PUBLIC NOTICE
LIMITS mq/1
30 DAY
DAILY
SAMPLE
SAMPLE
AVERAGE
MAXIMUM
FREQUENCY
TYPE
Flow (MGD)
See Special Condition i
Continuous
Measure
Page 4
NPDES Permit No . IL0000329
Special Conditions
SPECIAL CONDITION 1
Flow shall be reported as a daily maximum and a monthly average, and shall be reported on the monthly
Discharge Monitoring Report Form .
-. ;
.1
SPECIAL CONDITION 2
The pH shall be in the range 6 0 to 9 0 The monthly minimum and monthly maximum values shall be reported
on the DMR form
SPECIAL CONDITION 3
. If an applicable effluent standard or limitation is promulgated tinder Sections 301(b)(2)(C) and (D), 304(b)(2),
and 307(a)(2) of the Clean Water Act and that effluent standard or limitation is more stringent than any effluent limitation in thee permit or
controls a pollutant not limited in the NPDES Permit, the Agency shall revise or modify the permit in accordance with the more stringent
standard or prohibition and shall so notify the permittee
SPECIAL CONDITION 4
.
The use or operation of this facility shall be by or under the supervision of a Certified Class K operator
: :
SPECIAL CONDITION 5
For purposes of this permit. load limits for Phenol (4AAP) have bean based on actual plant discharges and are
included in accordance with a 301(g) variance of the Clean Water Act approved by the USEPA Any changes to these load limits can only
be made following Public Notice and opportunity for hearing
I
SPECIAL CONDITION 6
The permittee may show that an apparent noncompliance-of-load limits for zinc is not a violation by applying
background credits for intake waters and by submission of calculations as defined below
The load calculations for comparison to Zinc load limits shall be made as follows
:
M=(C,-C,)xFx8 .34
Where:
M = Outfall 001 load limit (lbs/day)
C, = Outfall 001 effluent concentration (mg/I)
C, = Intake water concentration (mg/I)
F = Outfall 001 effluent flow (MGD)
Concentrations limits for outfall 001 are absolute and no background credit shall be allowed
SPECIAL CONDITION 7
.
The permittee shall record monitoring results on Discharge Monitoring Report (DMR) forms using one such form
for each discharge each month . Semi-annual monitoring results shall be submitted with the DMR forms for the months of June and
December, and shall be submitted to the IEPA no later than July 15 and January 15 unless otherwise specified by the Agency, to the
following address :
Illinois Environmental Protection Agency
Bureau of Water
Division of Water Pollution Control
Compliance Assurance Section. Mail Code #19
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-19276
SPECIAL CONDITION 8
.
The Permittee shall be required to conduct an effluent toxicity evaluation prior to the renewal of this permit .
Elements of the toxicity evaluation should include but not be limited to the following
:
A
Aquatic Toxicity Screeninq
Acute Toxicity - The initial acute toxicity testing should be run on at least three trophic levels of aquatic species (fish, invertebrates
and plants) which represent the aquatic community for the receiving stream . Suggested species include the Fathead Minnow and
Ceriodaphnia. All tests should be done in accordance with "Measuring Acute Toxicity of Effluents to Freshwater and Marine
Organisms (Fourth Edillon)", (USEPA/600-4-90/027) and "Environmental Effects Tests Guidelines" (USEPA/560-6-82/002) . The
IEPA specifications and guidelines for these tests . given in "Effluent Biomonitoring and Toxicity Assessment - Aquatic Life
Concerns," must also be met .
Page 5
DRAFT
-
NPDES Permit No 1L0000329
Special Conditions
fjEc
'
y 200
PUBLIC NOTLCEo
Testing shall be conducted on fish over a 96-hour period while invertebrates should be tested over a 48-hour period . Test should be
performed on 100% effluent
r
8
Semolina Frequency
The test referenced above shall be performed during the final
year
of this permit Upon completion, test results may be submitted with the
facility renewal application
.
SPECIAL CONDITION 9
.
Samples taken in compliance with the effluent monitoring requirements for internal outfall A01 shall be taken
at a point representative of the discharge of Coke By-Products Wastewater, but prior to mixing with any other wastewater sources
.
Samples taken in compliance with the effluent monitoring requirements for internal oufall B01 shall be taken at a point representative of
the discharge of Cold Rolling Mill wastewater, but prior to mixing with any other wastewater sources . Samples taken in compliance with
the effluent monitoring requirements for Internal outfall
COI shall be taken at a point representative of the discharge of Landfill Leachate
Wastewater, but prior to mixing with any other wastewater sources Samples taken in compliance with the effluent monitoring requirements
for outfall 001 shall be taken at a point representative of the discharge, but before entering the receiving water
.
SPECIAL CONDITION 10,
Mathematical composites for Cyanide (available by OIA 1677) and Cyanide (total) shall consist of a series of
grab samples collected over any 24-hour consecutive period Each sample shall be analyzed separately and the arithmetic mean of all
grab samples collected during a 24-hour period shall constitute a mathematical composite
.
Attachment H
Standard Condition,
Definitions
Act means the tllinols Environmental Protection
Ad
415ILCS 5 as Amended
Agency means the Illinois Environmental Protection Agency
Board Means the Illinois Pcllullon Control Board
Clean Water Act (formerly referred to as the Federal Water Pollution Control Act) means
Pub L Sb600 as amended 33 U S C 1251
01
seq
NPDES (National Pollutant Discharge Elimination System) means the national program for
%suing. modifying, evoking and reissuing, erminaling . monitoring and enforcing permits. and
imposing and enforcing pretreatment requirementss under Sections 307 . 402.318 and 405
of me Clean Water Act
USEPA means the United Stales EnvironmentalProtection Agency
Dally Discharge means the discharge of a pollutant measured during a calendar day or any
24-hour period that reasonably represents the calendar day for purposes of sampling For
pollutants with limitations expressed In units of mass the -daily discharge' Is calculated as
the total mass of the pollutant discharged over the day . Far pollutants with linfillallons
expressed In other units of measurements, Me 'dally discharge' is calculated a, the average
measurement of the pollulanl over the day
Maximum Dally Dlschargo Limitation (daily maximum) moans the highest allowable daily
discharge
Average Monthly Discharge Limitation (30 day average) means tin: highest allowable
average of daily discharges over a calendar month, calculated as the sum of as daily
discharges measured during a calendar month divided by the number of dally discharges
measured during mat month
Average Weekly Discharge Limitation (7 day average) means the Niftiest allowable
average of daily discharges over a calendar week . calculated as the sum of 25 dally
discharges measured during a calendar week divided by the number of dally discharges
measured during that week
Best Management Practices (BMPa) means schedules of activities. prohbitions of practices .
maintenance procedures, and other management practices to prevent or reduce the pollution
of walers of the Stala BMPS also include treatment requirements . operating procedures, and
practices to canard plant she runoff. spilage or leakss sludge orwaste disposal
. or drainage
from few material storage
Aliquot means a sample of specified volume used to make up a total composite sample
Grab Sample means an Individual sample of at least 100 mllllliers collected at a randomly'
selected time over a period not exceeding 15 minutes
24 Hour Composite Sample means a combination of at least 8 sample aliquots of at least
100 milliliters . collected at periodic Intervals during the operating hours of a facility over a 24
hcnar period
a Hour Composite Sample means a cornbineflon of at leas( 3 sample atquota of al least 100
miniaers. collected at periodic Intervals during the operating hogs of a facility over an 9-hour
period
Flow Proportional Composite Sample means a combination of Sample aliquots of at least
100 milliners collected al periodic Intervals such that either the time Interval between each
aliquot pr me volume of each oaquol is proportional to either the stream flow at the lime of
sampling or the total stream flow since Via collection of the previous aliquot
(1) Duly to comply. no permmee must comply with all conditions of this perms . My
permit noncompliance constitutes a violation of the Ad and Is grounds for enforcement
action, perms termination. revocation and relosuance, modification . odor dentalof a
permit renewal application. The pennibee shall comply with effluent standards a
prohibitions established under Sedition 301(a) of me Clean Water Ad far toxic
pollutants within tie lime provided In the regulations that establish these standards or
prohibitions, even if the permit has net yet been modified 10 Incorporate the
requirement
(2) Dutya reapply . It the pemneeo wishes to continue m adM ty regulated by this palm
marine expliallon data of this permit, the pennetee must apply for and obtain a new
permit. If the permmee submits a proper application as required by the Agency no later
than 180 days prior to de expiration date, this permit shall continua
In full force and
effect until the final Agency decision on the application has been made
(3) Need to halt or reduce activity not a defense . It shall not be a defense for a
permeee h an chloonment action Vial it would have been necessary to hall a reduce
the permitted activity in order to maintain compliance with the conditions of this period
.
(4)
Duty to mitigate. The pemnalee shag lake an reasonable steps a minimize a proven)
any discharge Inviolation of acs permit which has a reasonable likelihood of adversely
affecting human health of the environment
(5) Proper operation end maIntenance . The pen'nlltee shalt at alltimes property ope'tale
and maintain as facilities and systems of treatment end control (and related
appurtenances) which are Installed or used by the permitted to acheve compllence
with conditions of Ices paned Proper operation and maintenance, Includes effective
performance. adequate funding, adequate operator starting and training, and adequate
laboratory and process controlss including appropriate quality assurance procedures,
This provision requires the operation of back-up, o ouxlnay facilities . or similar
svslems only when necessary to achieve comp lance with me conditions of the permit
(6) Permit actions This period maybe modified . revoked and reissued . or terminated
for cause by the Agency pursuant to 40 CFR 122 02 . The fling of a request by the
pennlllee for a permit modillcatbn. revocation and reistuance, or Iermlnalion or a
notification of planned changes or anticipated noncompliance does not slay any
permit condition
Property rights
.. This Palms does not convey any propenY rights of any son al any
exclusive privilege
Duty to provide Information. The pamillee shall funish to the Agency within a
reasonable time. any Information which the Agencymay request to determine whether
cause exists for modifying. revoking and reissuing, a terminating this permit
or to
determine compliance with the perm' . The petrifies shall also furnish to me Agency
upon requestt copies of records required to be kept by Ulls permit
lnspacton end entry . The penalties shall allow an authorized representative of Ihr
Agency, upon me presentation of credentials and other documents as may be required
by law. lo :
(a) Enter upon the permillee'a premises where a regulated facility or adtvdy
Is
located a conductedd or woura records must be kept under the conditions al has
permit :
(b) Have access to and copy, at reasonable Times, any records Mal must be
1
4
Fr
under Ire conditions of this permit
:
(c) Inspect al reasonable times any facilities . equipment (including monitoring and
control equipment) . practices, a operations regulated or required under this
permit: and
(d) Sample or monitor at reasonable limes, for the purpose of assuring pertnil
compliance. a as otherwise authorized by the Ad any substances at pasomelan,
at my location
(7)
(8)
(9)
(10) Monitoring and records .
(a) Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity
(b) The permlliee shall retain records or all monitoring infonnotion, Including all
calibration and maintenance records, end all original strip than recordings for
continuous monitoring Instrumentation, copies of ell reports required by this
permit, and records of all data used to complete the application for this permit . far
e period of at least 3 yeas Irom the dale of this penal, measurement . report a
application. This period may be extended by request of the Agency al any lime
(c) Records of mandating Informallon shall Include
:
(1) The dale. exact place. and time of sampling or measurements
:
(2) The indMduat(s) villa perlormed the sampling or measurements:
(3) The Valets) all were perfihmnwl ;
(4) The Inthriduags) who performed Me analyses
;
(5) The analytical techniques or methods used; and
(6) The results of such analyses
.
(d) Monitoring must be conducted according to test procedures approved under 40
CFR Pan 136, unless other test procedures have been specified In this permit
Where no lest procedure under 40 CFR Pan 136 has been approved, the
permitted must submit to the Agency a lost method for approval The pemmhlee
shall calibrate and perlorm maintenance procedures on all monitoring and
onalylical instrumentation at Intervals to ensure accuracy of measurements
(11) Signatory requirement All applications, reports a elfomallon submitted to the
Agency shall be signed and "allied
(a) Application . AN permit applications shall be signed as follows
:
(1) For a corporation : by a principal executive officer of at least the level of
vice president or a person or position having overall responsibility fa
environmental mailers flat the corporation;
(2) For a partnership or sole proprietorship : by a general partner a me
propddar, respedlvefy, or
(3) Fore municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official
(b) Reports . Al reports required by permits. or other Information requested by the
Agency shall be signed by a person described h paragraph (a) or by a duly
authorized representahro of
real
person
.
A person Is a duly authorized
representative only ti:
(1) The authorization Is made In writing bye person described to paragraph (a))
and
(2) The a thorizaion specifies either en Individual ore position responsible for
the Overall operation of the facility. from which the discharge originates, such
as a plant manager . superintendent a person of equivalent responsibility
:
end
(3) The written authorization is submitted to the Agency
(c)
Changes ofAuthorlzation . lien authorization under (b) Is no longer accurate
because a different Individual or position has responsibility for the overall
operation of the facilty. a new euihorlcatlon satisfying the requhements of (b)
must be submitted to the Agency prior to or together won any reports, Information
.
or applications to be signed by en autharixod representative
(12) Reporting requirements .
(a) Planned changes The permittee shall give notice to the Agency as soon as
possible of any planned physical alterations or additions to the permitted facility
.
(b) Anticipated noncompliance 1lie pen mica shag give advance notice to the
Agency of any planned changes
In the pertained facility or activity whirls may
result In noncompliance wins permit requirements
(c) Compliance schedules. Reports of compliance or noncompliance with, or any
program, reports on, tnlerim and final requirements contained in any compliance
schedule of ibis permit shall be submitted no later man 14 days following each
schedule date
(d) Monitoring reports
Monitoring results shall be reported at the Intervals
specified elsewhere In this permit
(1) Monitoring results must bit teponed on a Discharge Monitoring Report
(DMR)
(2) If the permittee monitors any pollutant micro frequently than required by the
permit, using test procedures approved under 40 CFR 130 or as specified
In the permit me results of this mooaorng shoe be included
in the calculation
and reporting of the data submled in the DMR
(3) Calculations for all limitations which require averaging of measurements
shall mille an arithmetic moon unless otherwise Specified by me Agency In
me permit
Twenty-four hour reporting The permittee Shall report any noncompliance
which may endanger health or the environment
Any Information shall be
provided orally wall 24 hours from the Vine the permittee becomes aware of the
cbsumstances A written submission shall also be provided within 5 days of the
tine dte permittee becomes award of the citormstances. The written submission
shall contain a description of the noncompliance and its Muse: the period of
noncornptance, including exact dates and time; and
it the noncompliance has not
been conecled the onliclpatad lima
it Is expected to continue ; and steps taken
or planned to reduce . eliminate, end prevent reoccurrence of the noncompliance
.
The following shalt be Included as Information which must be reposed within 24
hours:
(I)
Any unanticipated bypass which exceeds any effluent limitation
In the
perms :
(2) Violation of a maximum dolly discharge limllallon for any of lad pollutants
listed by the Agency In the permit to be reported within 24 hours
(a)
The Agency may waive the written report an a case-by-case basis a the oral
report has been received within 24 hours
(I)
Other noncompliance
The permitloo shall report all Instances of
noncompliance not reported under paragraphs (12)(c)
(d) or (e) . at the limo
monitoring repents are submitted The reports shall contain the information listed
In paragraph (12)(u)
(9) OtherinfonnaVon, Where Me permill" becomes Aware that it failed to Submit
any relevant facts In a permit application, or submitted Incorroc Information in a
pemil npplicaltun
or Id any report to the Agency. ft shall promptly submit push
lads or lfonnatian
(13) Transfer of parmtts A permit may be automatically Vnnziortad to a newparmlllee
It:
(a) The currant pelmllloe relates the Agency at least 30 Jays In advance of the
proposed t ansfer dale
:
(b) The notice Includes a written Agreement between the existing And navy pearkboas
containing a specific dale (or transfer of permit responsibility, coverage and
llabtlity between the current and new permittces: and
(c) The Agency does nuf notify the existing permittee and the proposed new
permate of its Sunni o modily or revoke and reissue me permit it this notice Is
not received. the transfer Is effective on me date specified In the agreement
114)
All manufacturing. comaystereful, mining, and SlIvicultural dischargers must notify Me
Agency as soon as they know or have reason to believe
:
(0)
That any activity has occurred orwtil occur sWitc, would result inthedisciserga of
any toxic pollutant Identified under Section 307 of the Clean Water Ad which Is
not limited
in the permil. If that discharge will exceed the highest of the following
notification levels
ill On. hundred mangrisms per way (IM
oil);
(2) Two hundred micrograms per flier (200 won) for acroleln and ecrylonitnle
;
five hundred micrograms per their (600 ugh) for 2,4-dinitmphenol and for 2 .
methyt-4.6 dinlvoplianot; And one milligram per life, (1 most) for antimony .
(3) Flue (5) fines the maximum concentration value reported for that polkdant
In the NPDES permit Application
; or
(25)
(4) The level established by the Agency in this permit
to) Thal they have begun or expect to boon to use or ni.inufacion, as an intennediale
or final product or byproduct any toxic pollutant which ices not circled in inc
NODES permit application
(15)
All Publicly Owned Treatment Works (POTWS) must provide adequate notice to me
Agency of the following :
(a) My new Introduction of pollutants into that POTW from an indirect discharge
which would be subject to Sections 301 ar 306 of me Clean Water Ad
if it
were
directly discharging those pollutants; and
(b) My subslntIl mango In the volume or character of pcllulanlc being introduced
Into that P01W by a source Introducing pollutants into the POTW at Vie time of
Issuance of the permit
III For purposes of this paragraph, adequate notice shall Include information on (1)
the quality And quantity of effluent Introduced Into the POTW. and (ii) any
anticipated Impact of the change on the quantity or quality of effluent to be
discharged from Vie POTW
.
(s6)
9lhe permit Is issued too publicly owned or publicly regulated Vestment works, the
permitted shall requite any industrial user of Such treatment works to comply with
federal requirements concerning :
(a) Userdrarges pursuant to Section 204(b) of the Clean Water Ad and nppkcabie
regulations Appearing
In 40 CPR 35,
(b) Toxic pollutant effluent standards and prebcaimeril Standards pursuant to Section
307 of the Clean Water Act ; and
(e) Inspectionn monitoring And entry pursuant to Section 300 of the Clean Water Ad
(17)
Ifen Applicable standard or liffillallon Is P.Mulgaled under $action 301(b)(2HC) and
(0), 304(b)(2). or 307(a)(2) and that effluent standard or limitation is more Stringent
than any effluent limitation In the perm, or controls a pollutant not O shed in the
pent, the permit shall be promptly modified or revoked, and reissued to conform to
that MIAMI standard or limitation
118) My authorization to construct Issued to the pernillce pursuant to 35 01 Adm Code
309.154 Is hereby Incorporated by reference
US
a condition of this permit
(19)
The pam"M shall not make any tube statement, representation or codification in any
application, memd, report, plan or other document submitted to the Agency or the
USEPA, or requited to be maintained under this permit
(20)
The Clean Water Act provides that any person who violates a permit condition
implementing Sections 301, 302. 306. 307. 300, 310, or 405 of Iho Clean Water Act
Is subject to a civil penalty not to exceed $10,000 per day of such violation Any
person who willfully or negligently violates pemm conditions implementing Sections
301. 302, 306, 307. or 308 of tine Clean Water Act is subject to a fine of not less than
$2,500 nor more than 525 .000 per day of violation . of by Imprisonment for not more
than one yourr as both
.
(21)
The Clean Water Act provides that any person who falsitiess tampers with
or
knowingly renders inaccurate any monitoring device or method required to be
mainlined under permit shall, upon conviction be punished by a too of not mare than
$10.000 perviolation a, by inspnsorsurnold for not more than 6 months per virshboil or
by both
(22)
The Clean Water Act provides the] any person who knowingly makes any false
statement representation, or certification In any record or other document submitted
or required to be maintained under this permit shall including monitoring repo :ls or
reports of compliance or non-colnpfanc e shet, upon convic tion be punished by a sine
of not mom man 510 .000 per violationn
saybyImprisonment far not more than 6 mcnths
per violation, or by both
(23)
Collected screening. Slurries. sludges, and other solids shaft be disposed or t such
a manner As to prevent entry of those wastes (or runoff from the wastes) Into waters
of the State The proper authorization for such disposal shall be obtained train Ole
Agency and Is Incorporated as pan hereof by reference
(24)
In case of cal between mesa standard conditions and any other conditions)
Included In this permit, the other condlon(s) shall govern
The permittee shall comply w t, An addition to the requirements of the permit
. all
applicable provisions of 35111, Adm Code. Subtitle C, Sublitlo D . Subtitle E and all
applicable Oman of the Board
(26)
The pin lslons of this permit ore severable, and If any provision of this permit
or the
Application of any prevision of this permit Is held Invalid, the remaining provisions of
this permit shag continuo In full force and effect
.
(Rev.3.13.99)
