IN THE MATTER OF :
RECI`IVED
BEFORE THE POLLUTION CONTROL BOARD
CLERK'S OFFICE
OF THE STATE OF ILLINOIS
QUV
1
2Q06
STATE OF ILLINOIS
Pollution Control Boarc
CITGO PETROLEUM CORPORATION,
)
Petitioner,
)
vs .
)
No. PCB 07-JX0
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
NOTICE OF FILING
Dorothy M. Gunn, Clerk
Douglas Scott, Director
Illinois Pollution Control Board
Illinois Environmental Protection Agency
100 West Randolph - Suite 11-500
1021 N. Grand Avenue East
Chicago, IL 60601
P.O. Box 19274
Springfield, IL 62794-9274
PLEASE TAKE NOTICE that on August 14, 2006, we filed with the Illinois
Pollution Control Board the attached Petition for Hearing to Review NPDES Permit
Reissuance, a copy of which is herewith served upon you
.
CITGO PETROLEUM CORPORATION
By :
One of Its Attorneys
Jeffrey C . Fort
Elizabeth A. Leifel
Sonnenschein Nath & Rosenthal LLP
7800 Sears Tower
233 S. Wacker Drive
Chicago, IL
60606-6404
(312) 876-8000
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
IN THE MATTER OF
:
CITGO PETROLEUM CORPORATION, )
Petitioner,
)
vs
.
)
No. PCB 07-
O(
O
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
Respondent .
)
PETITION FOR HEARING TO REVIEW NPDES PERMIT REISSUANCE
Citgo Petroleum Corporation ("Citgo") operates a petroleum refinery located at 135 °i
Street and New Avenue in Lemont, Illinois, Will County (the "Refinery") . The Refinery
discharges wastewater to the Chicago Sanitary & Ship Canal, and also discharges stormwater to
the Illinois and Michigan Canal . Citgo, by its attorneys, Jeffrey C . Fort, Elizabeth A . Leifel, and
Sonnenschein Nath & Rosenthal LIT, hereby petitions the Illinois Pollution Control Board (the
"Board") for a hearing to review certain provisions of the NPDES permit No . 11,0001589
reissued by the Illinois Environmental Protection Agency (the "Agency") on July 28, 2006 (the
"Permit") .' This Permit is being appealed pursuant to § 40.2 of the Illinois Environmental
Protection Act ("Act"), 415 ILCS 5/40.2, and 35 III. Admin. Code § 105.100
et seq
.
In addition
to filing this Petition, Citgo will be filing a Motion to Stay Effectiveness of Contested Conditions
of NPDES Permit
.
As set forth below, Petitioner seeks review by the Board of the specified conditions of the
Permit. Petitioner is not challenging all of the conditions of the Permit ; rather, this appeal is
A copy of the Permit is attached as Exhibit A
.
limited to those conditions that are new and are contrary to the Environmental Protection Act,
415 ILCS 5/1,
et seq .,
the Clean Water Act, 33
U.S.C. 1251,
et seq .,
and the Board's rules and
regulations. In support of its Petition, Citgo states as follows
:
I
.
Citgo's Lemont Refinery produces approximately twenty-five different products
are produced at the Refinery, including gasolines, turbine fuels, diesel fuels, furnace oils,
petroleum coke and various specialty naphthas which can be manufactured into many
intermediate products, including antifreeze, dacron, detergent, industrial alcohols, plastics and
synthetic rubber. Ninety percent of the Refinery's output goes into making gasolines, diesel
fuels, home heating oils and turbine fuels for use in Illinois and throughout the Midwest. The
Refinery draws from and discharges to the Chicago Sanitary & Ship Canal . The Refinery takes
approximately
4.0
million gallons of water daily from the Canal, and discharges approximately
3 .8
million gallons to the Canal, the difference being cooling tower evaporation and steam
losses
.
2
.
In this Petition, Citgo is challenging certain conditions of its NPDES Permit,
reissued on July
28, 2006 .
Citgo is not challenging the permit as a whole since receipt of the
permit is critical for Citgo to meet its requirements under a consent decree entered into with U
.S
.
EPA and the States of Illinois, Louisiana, New Jersey, and Georgia to reduce emissions from the
Refinery. Citgo is only challenging Special Condition Nos
.
17, 18,
and 19, Standard Condition
No .
14 (a)(4),
and the portion of Condition No. I that prescribes an effluent limit for hexavalent
chromium. Citgo's objections to these permit conditions are based on several factors
. First,
Special Condition Nos. 17 and 19 are challenged on the basis that they contain requirements that
are not "applicable requirements" under federal and state law . Second, Special Condition No
.
18
and Standard Condition No . I4(a)(4) are challenged on the basis that they are inconsistent with
- 2 -
requirements already applicable to the Refinery . Finally, Condition No . I is challenged on the
basis that it is unnecessary due to the lack of hexavalent chromium used at the Refinery . Each of
these conditions and bases for appeal is described in further detail below
.
3
.
Special Condition No. 17 is improper and should be removed . Special Condition
No. 17 states as follows :
The discharge from outfall 001 shall be subject to the following
limitations :
During the months of April through November, the
discharge shall not exceed 90°F but shall never exceed
93°F at any time
.
Whenever the weekly average temperature of the effluent
exceeds 90°F, the permittee shall limit its net thermal
discharge to 1,452 mm BTU per day based on a weekly
average .
The monthly average and monthly maximum value shall be
reported on the DMR. The permittee shall also report the
total number of hours the temperature exceeds 90°F
.
This condition should be deleted from the Permit
.
4
.
The temperature limits contained in Special Condition No . 17 are based on water
quality standards that would be applicable to the Refinery if it discharged to a General Use
water, but it does not. The Agency has apparently misconstrued Citgo's commitments regarding
temperature standards made in connection with a recent variance proceeding, PCB 05-85, in
which Citgo sought a variance from the Board's water quality standards for total dissolved solids
("TDS") (the "Variance Proceeding") . Citgo is installing certain processes, including a wet gas
scrubber, that will control emissions from the Refinery . The wet gas scrubber will result in
increased levels of TDS in the Refinery's wastewater . In the Variance Proceeding, Citgo agreed
to meet a limitation of 90'F or less for wastewater added by the wet gas scrubber; however, as
described in the Order entered by the Board in the Variance Proceeding, this limitation was
- 3
-
applicable only to an internal discharge into the refinery's treated water basin
.
See Citgo
Petroleum Corp. v, Ill. Envtl. Protection Agency,
PCB 05-85 (Variance - Water), Board Order
(April 21, 2005) ("Purge water from the wet gas scrubber will then be treated to remove
suspended solids and ammonia, and cooled to 90°F .
.
. .") .
This is not the same as an agreement
to adhere to the water quality temperature standards for General Use waters at the Refinery
discharge point
.
As demonstrated by Citgo's permit application, the maximum temperature of the
Refinery effluent meets the standards for Secondary Contact waters (93°F), but will not meet the
standards for General Use waters (90°F). The refinery discharges to the Chicago Sanitary &
Ship Canal, which is a secondary contact water, and Citgo's commitment was not equivalent to
meeting a general use temperature standard at the point of discharge into the Canal. Thus,
because Special Condition No . 17 is inconsistent with the Board's order in the Variance
Proceeding, it should be removed from the Permit
.
6
.
Petitioner also objects to Special Condition No . 18. Special Condition No. 18
states :
The permittee was granted a variance from the water quality
standard for Total Dissolved Solids (TDS) for the discharge at
outfall 001 in accordance with Illinois Pollution Control Board
PCB 05-85. The permittee shall commence its study of
downstream TDS concentrations in accordance with the schedule
contained in this order. This permit may be modified to include
any final limitations or monitoring requirements which may result
.
This variance expires on December 15, 2009 .
7
.
Special Condition No . 18 is improper as stated and should be removed from the
Permit. The result of the sampling required in the Variance Proceeding may not result in further
limitations or monitoring, and may instead indicate that no further steps are necessary. Moreover,
- 4 -
TDS standards for General Use waters downstream of the 1-55 Bridge may be significantly
modified
. See In the Matter of
. Revisions to Water Quality Standards, for Total Dissolved Solids
in the Lower Des Plaines River, for ExxonMobil Oil Corporation : Proposed 35 Ill. Adm. Code
303.445, PCB R06-024. Petitioner has also learned that the Agency will soon propose that the
Board eliminate the TDS standards for all General Use waters. Petitioner submits that the same
adjustment should be made for discharges into Secondary Contact waters
.
8 .
Petitioner further objects to Special Condition No . 19, which states as follows
:
Upon commencement of operation of the FCCU Scrubber System,
the discharge from Outfall 001 shall be monitored on a continuous
basis for Total Residual Chlorine and subject to a limit of 0.05
mg/I as an instantaneous maximum. The permittee shall notify the
agency in writing 30 days (or as soon as practicable) prior to the
start of the scrubber operations . From the effective date of this
permit until such time that the scrubber become operational,
monitoring for Total Residual Chlorine is only required during
those times when breakpoint or super chlorination is used for a
short term ammonia treatment in the treated water basin . Prior to
discharging from the treated water basin following chlorine
treatment, the permittee shall take a grab sample from the basin to
determine compliance with the TRC limit of 0.05mg/1. The
discharge from the basin shall then be sampled once per day using
a grab sample, for a period of five days after resuming the
discharge. The permittee shall submit an attachment to the DMR
explaining the reason for the temporary chlorine treatment, the
amount of chlorine use, and length of the temporary cessation of
discharge .
9
.
Special Condition No. 19 is improper, and should be deleted in its entirety or,
alternatively, modified to reflect existing applicable requirements . Special Condition No. 19
should be removed in its entirety because its inclusion exceeds the Agency's authority. U.S
.
EPA has established Best Available Technology (BAT) standards for petroleum refineries
. See
40 C .F.R. Part 419. U.S. EPA has declined to establish standards for Total Residual Chlorine
.
Citgo is aware of no authority under which the Agency may establish BAT standards where U
.S
.
- 5 -
EPA has elected not to do so . In addition, Special Condition No . 19 should be removed because
monitoring for Total Residual Chlorine is not required to ensure that the FCCU scrubber system
performs as expected. Outfall 001 from the Refinery is already subject to 35 111 . Admin. Code §
304.213, which requires the discharge to meet limitations for ammonia. As part of these
standards, the effluent is already subject to detailed monitoring requirements . Special Condition
No. 19 is unnecessarily duplicative and should be deleted
.
10 .
Moreover, the effluent limit for Total Residual Chlorine of 0 .05 mg/L is based on
a water quality standard for General Use waters . As noted above, the Refinery discharges to the
Chicago Sanitary and Ship Canal, which is a Secondary Contact water. Thus, an effluent limit
based on a General Use standard is inappropriate, and the Total Residual Chlorine limit should
be removed .
11
.
If the Board determines that removal of Special Condition No . 19 is unwarranted,
it should be modified to contain an allowance for maintenance or malfunctions of the required
monitoring equipment. Special Condition No. 19 appears to require continuous monitoring
;
therefore, not recognizing that periodic outages of the monitoring equipment may occur, during
maintenance and malfunction, for example, is unreasonable, If Special Condition No
. 19 is
allowed to remain in the Permit, Citgo requests that such an allowance be added
.
12
.
Petitioner further objects to the limitation imposed for hexavalent chromium
contained in Condition No. 1 and the means by which compliance is to be determined. The
Refinery formerly used hexavalent chromium in its cooling tower; however, the Refinery has
since discontinued the use of hexavalent chromium . Since eliminating the use of hexavalent
chromium, hexavalent chromium has not been detected in the Refinery's effluent . Nevertheless,
- 6 -
a mass discharge limit for hexavalent chromium appears in Condition No . 1 . Thus, the effluent
limit for hexavalent chromium in the Permit is unnecessary and should be removed
.
13
.
Petitioner further objects to Standard Condition No . 14(a)(4), which provides that
"All manufacturing, commercial, mining, and silvicultural
dischargers must notify the Agency as soon as they know or have
reason to believe
.
. . [t]hat any activity has occurred or will occur
which would result in the discharge of any toxic pollutant
identified under Section 307 of the Clean Water Act which is not
limited in the permit, if that discharge will exceed the highest of
the following notification levels
:
.
. . The level established by the
Agency in this permit."
Standard Condition No. 14(a)(4) is inconsistent with the plain language of Standard Condition
14(a), which excepts from notification requirements those pollutants that are limited by the
permit. Moreover, Standard Condition No . l4(a)(4) is inconsistent with other, more specific
notification requirements contained elsewhere in the Permit, including Special Condition No
.
10(L), which requires annual submission of documentation showing any event, such as a spill or
malfunction, that would require an inspection . Therefore, Standard Condition No . 14(a)(4)
should be removed as inconsistent with other requirements of Standard Condition No . 14(a) and
with other specific notification requirements in the Permit
.
WHEREFORE, for all of the foregoing reasons, the Petitioner respectfully requests that
the Board review the reissued permit and make a final decision that strikes these contested
conditions from the permit and directs the Agency to reissue the final permit without these
conditions .
RESPECTFULLY SUBMITTED,
CITGO PETROLEUM CORPORATION
Dated: August 14, 2006
Jeffrey C . Fort
Elizabeth A . Leifel
Sonnenschein Nath & Rosenthal LLP
7800 Sears Tower
233 S. Wacker Dr
.
Chicago, Illinois 60606-6404
312-876-8000
12100071
By
:
0 e of its Atto neys
THIS FILING IS BEING SUBMITTED ON RECYCLED PAPER
Exhibit A
Expiration Date
:
July 31, 2011
Name and Address of Per nittee :
CITGO Petroleum Corporation
135th and New Avenue
Lemont, Illinois 60439
Discharge Number and Name :
001 Treated Refinery Wastewater
002 Stormwater Basin Overflow
003 Stormwater
004 Stormwater
005 Stormwater
006 Stormwater
007 Intake Screen Backwash
008 Stormwater
SAK:DEL:05121401 .bah
NPDES Permit No. IL0001589
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: July 28, 2006
Effective Date: August 1, 2006
Facility Name and Address:
CITGO Petroleum Corporation - Lemont Refinery
135th and New Avenue
Lemont, Illinois 60439
(Will County)
Receiving Waters
:
Chicago Sanitary and Ship Canal
Illinois and Michigan Canal
Illinois and Michigan Canal
Illinois and Michigan Canal
Illinois and Michigan Canal
Illinois and Michigan Canal
Chicago Sanitary and Ship Canal
Illinois and Michigan Canal
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 permittee shall submit the proper application as required by the Illinois Environmental Protection Agency (IEPA) not
later than 180 days prior to the expiration date
.
olivla_~
Alan Keller, P.E .
Manager, Permit Section
Division of Water Pollution Control
Page 2
NPDES Permit No. IL0001589
Effluent Limitations and Monitoring
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:
Outfall(s): 001 - Treated Refinery Wastewater : 5.79 MGD DAF
LOAD LIMITS lbs/day
DAF (DMF)
CONCENTRATION
LIMITS mall
SAMPLE
TYPE
30 DAY
DAILY
PARAMETER
AVERAGE
MAXIMUM
Contributory Waste Streams
:
1)
Process Wastewater
5)
2)
Cooling Tower Blowdown
6)
3)
Non-Process Wastewater,
7)
Stormwater, Utility Water, Boiler Blowdown
8)
4)
Sanitary Waste Water
30 DAY
DAILY
SAMPLE
AVERAGE
MAXIMUM
FREQUENCY
Hydrostatic Test Water
Chemical Cleaning
Seneca, Chicago Carbon, BOC Process Water
Scrubber Wastewater
Flow (MGD)
pH
BOD S
See Special Condition I
See Special Condition 2
Daily
2/Week
2/Week
Continuous
Grab
Composite
1008.80
2472.32
CBOD5
20
40
2/Week
Composite
Oil and Grease
536.40
1005 .75
15
20
2/Week
Mathematical
Total Suspended Solids
1475.10
2313.23
25
50
2/Week
Composite
Composite
Phenols
10.28
42.37
0.3
0.4
2/Week
Composite
Ammonia as N
1005.75
2212.65
9.4
26.0
2/Week
Composite
COD
12873.60
24808.50
2/Week
Composite
Chromium (Total)
Chromium (Hexavalent
11 .99
34.51
0.99
2.20
1 .0
2/Week
0.1
0.3
2/Week
Composite
Grab
Sulfide
9.72
21 .79
2/Week
Composite
Cyanide
5 .04
14.41
0.1
0.2
2/Week
Composite
Fluoride
756.60
2161 .70
15
28.6
2/Week
Composite
Sulfate
Total Dissolved Solids
Temperature
Total Residual Chlorine
Monitor Only
2/Week
Monitor Only
2/Week
Continuous
0.05
1/Day
Composite
Composite
Measure
Grab
See Special Condition 17
See Special Condition 19
Page 3
NPDES Permit No. IL0001589
Fffuent 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 :
Outfall(s): 002
- Stormwater Basin Overflow : Intermittent
LOAD LIMITS lbs/day
CONCENTRATION
DAF (DMF) LIMITS mall
30 DAY
DAILY
30 DAY
DAILY
PARAMETER
AVERAGE
MAXIMUM
AVERAGE
MAXIMUM
SAMPLE
FREQUENCY
SAMPLE
TYPE
Contributory Waste Streams
:
1)
Refinery Stormwater
7)
2)
Treated Process Water (Fire Water)
8)
3)
Utility Water
9)
4)
Boiler Blowdown
10)
5)
Tank Farm Stormwater
11)
6)
Hydrostatic Test Water
12)
Biomass
Off Site Stormwater Runoff
Exxon Mobil Terminal Stormwater
Chicago Carbon Stormwater
Kinder Morgan Stormwater
BOC Stormwater
Flow (MGD)
See Special Condition 1
pH
See Special Condition 2
BOD,
20
40
Estimate When
Monitoring
1/Day
1/Day
Grab
Grab
Total Suspended Solids
25
50
1/Day
Grab
Oil and Grease
15
30
1/Day
Grab
Phenols
0.3
0.6
1/Day
Grab
Chromium (Total)
1 .0
1/Day
Grab
Chromium (Hexavalent)
0.1
0.3
1/Day
Grab
Cyanide
0.1
0.2
1/Day
Grab
Fluoride
15
28.6
1/Day
Grab
Ammonia as N
9.4
26.0
1/Day
Grab
COD
Sulfide
Monitor
Monitor
1/Day
1/Day
Grab
Grab
Page 4
NPDES Permit No. 1L0001589
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 :
Outfatl(s): 007- Intake Screen Backwash : 0.027 MGD DAF
LOAD LIMITS lbs/day
CONCENTRATION
DAF (DMF) LIMITS mo/I
30 DAY
DAILY
30 DAY
DAILY
SAMPLE
SAMPLE
PARAMETER
AVERAGE
MAXIMUM
AVERAGE
MAXIMUM
FREQUENCY
TYPE
Flow (MGD)
See Special Condition 1
1/Week
Estimate
Total Residual Chlorine
0.05
1/Week
Grab
Outfalls: 003, 004, 005, 006, and 008 -Stormwater Runoff: Intermittent
See Special Condition 10
Page 5
NPDES Permit No. IL0001589
Sneclal Conditions
E ,11 AI, CONDITION 1
.
Flow (in Million Gallons per Day) shall be reported as a monthly average and a daily maximum on the DMR form
.
SPECIAL CONDITION2 . 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
. Samples taken in compliance with the effluent monitoring requirements shall be taken at a point representative
of the discharge, but prior to entry into the receiving stream
.
SPECIAL CONDITION 4
.
If an applicable effluent standard or limitation is promulgated under Sections 301(bX2)(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 the 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 5
. This permit may be modified to include different final effluent limitations or requirements which are consistent
with applicable laws, regulations, or judicial orders. The Agency will public notice the permit modification
.
SPECIAL CONDITION 6
.
Mathematical composites for oil, fats and greases 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. No single grab sample shall exceed a concentration of 75 mg/l
.
SPECIAL CONDITION 7
.
For the purpose of this permit discharges from outfalls 003, 004, 005, 006, and 008 are limited to stormwater,
free from process and other wastewater discharges
.
SPECIAL CONDITION 8
. Stormwater discharges identified as ouffalls 003, 004, 005, 006, and 008 may be rerouted to the facility's W WTP
and discharged via outfall 001, subject to the limitations of this permit . If these stormwater discharges are routed to the W WTP then they
shall no longer be subject to the requirements of Special Condition 10, but Instead shall meet the requirements of Special Condition 9
.
SPECIAL CONDITION 9
.
(Outfalls 001 and 002) The Agency has determined that the effluent limitations in this permit constitute BAT/BCT
for storm water which is treated in the existing treatment facilities for purposes of this permit reissuance, and no pollution prevention plan
will be required for such storm water. In addition to the chemical specific monitoring required elsewhere In this permit, the permittee shall
conduct an annual inspection of the facility site to Identify areas contributing to a storm water discharge associated with industrial activity,
and determine whether any facility modifications have occurred which result in previously-treated storm water discharges no longer
receiving treatment. If any such discharges are identified the permittee shall request a modification of this permit within 30 days after the
Inspection. Records of the annual inspection shall be retained by the permittee for the term of this permit and be made available to the
Agency on request
.
SPECIAL CONDITION 10,
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
A .
A storm water pollution prevention plan shall be developed by the permittee for the storm water associated with industrial activity at
this facility. The plan shall identify potential sources of pollution which may be expected to affect the quality of storm water discharges
associated with the industrial activity at the facility. In addition, the plan shall describe and ensure the implementation of practices
which are to be used to reduce the pollutants in storm water discharges associated with Industrial activity at the facility and to assure
compliance with the terms and conditions of this permit
.
B .
The plan shall be completed within 180 days of the effective date of this permit . Plans shall provide for compliance with the terms
of the plan within 365 days of the effective date of this permit. The owner or operator of the facility shall make a copy of the plan
available to the Agency at any reasonable time upon request . [Note: If the plan has already been developed and implemented it shall
be maintained in accordance with all requirements of this special condition .]
C.
The pemdttee may be notified by the Agency at any time that the plan does not meet the requirements of this condition. After such
notification, the permittee shall make changes to the plan and shall submit a written certification that the requested changes have
been made. Unless otherwise provided, the permittee shall have 30 days after such notification to make the changes
.
Page 6
NPDES Permit No. IL0001589
Special Conditions
D.
The discharger shall amend the plan whenever there is a change in construction, operation, or maintenance which may affect the
discharge of significant quantities of pollutants to the waters of the State or if a facility inspection required by paragraph G of this
condition indicates that an amendment is needed. The plan should also be amended if the discharger Is in violation of any conditions
of this permit, or has not achieved the general objective of controlling pollutants in storm water discharges
. Amendments to the plan
shall be made within the shortest reasonable period of time, and shall be provided to the Agency for review upon request
.
E .
The plan shall provide a description of potential sources which may be expected to add significant quantities of pollutants to storm
water discharges, or which may result in non-storm water discharges from storm water outfalls at the facility . The plan shall Include,
at a minimum, the following items
:
1 .
A topographic map extending one-quarter mile beyond the property boundaries of the facility, showing: the facility, surface water
bodies, wells (including Injection wells), seepage pits, infiltration ponds, and the discharge points where the facility's storm water
discharges to a municipal storm drain system or other water body. The requirements of this paragraph may be included on the
site map If appropriate .
2
.
A site map showing
:
I .
The storm water conveyance and discharge structures
;
II .
An outline of the storm water drainage areas for each storm water discharge point ;
Iii .
Paved areas and buildings
;
Iv .
Areas used for outdoor manufacturing, storage, or disposal of significant materials, including activities that generate
significant quantities of dust or partlculates .
V .
Location of existing storm water structural control measures (dikes, coverings, detention facilities, etc
.) ;
Vi .
Surface water locations and/or municipal storm drain locations
Vil .
Areas of existing and potential soil erosion
;
Viil .
Vehicle service areas
;
Ix .
Material loading, unloading, and access areas
.
3 .
A narrative description of the following
:
I .
The nature of the industrial activities conducted at the site, Including a description of significant materials that are treated,
stored or disposed of in a manner to allow exposure to storm water
;
Ii .
Materials, equipment, and vehicle management practices employed to minimize contact of significant materials with storm
water discharges ;
Iii .
Existing structural and non-structural control measures to reduce pollutants In storm water discharges
;
Iv .
Industrial storm water discharge treatment facilities
;
V .
Methods of onsite storage and disposal of significant materials
;
4 .
A list of the types of pollutants that have a reasonable potential to be present in storm water discharges in significant quantities
.
5 .
An estimate of the size of the facility in acres or square feet, and the percent of the facility that has impervious areas such as
pavement or buildings
.
Page 7
NPDES Permit No. IL0001589
Special Conditions
6 .
A summary of existing sampling data describing pollutants In storm water discharges .
F .
The plan shall describe the storm water management controls which will be implemented by the facility . The appropriate controls shall
reflect identified existing and potential sources of pollutants at the facility . The description of the storm water management controls
shall include
:
1
.
Storm Water Pollution Prevention Personnel
- Identification by job titles of the individuals who are responsible for developing,
implementing, and revising the plan .
2 .
Preventive Maintenance
- Procedures for Inspection and maintenance of storm water conveyance system devices such as
oil/water separators, catch basins, etc., and Inspection and testing of plant equipment and systems that could fail and result in
discharges of pollutants to storm water
.
3.
Good Housekeeping - Good housekeeping requires the maintenance of clean, orderly facility areas that discharge storm water
.
Material handling areas shall be inspected and cleaned to reduce the potential for pollutants to enter the storm water conveyance
system .
4 .
Spill Prevention and Response
- Identification of areas where significant materials can spill into or otherwise enter the storm
water conveyance systems and their accompanying drainage points . Specific material handling procedures, storage
requirements, spill clean up equipment and procedures should be Identified, as appropriate . Internal notification procedures for
spills of significant materials should be established
.
5 .
Storm Water Management Practices - Storm water management practices are practices other than those which control the
source of pollutants. They Include measures such as installing oil and grit separators, diverting storm water into retention basins,
etc. Based on assessment of the potential of various sources to contribute pollutants, measures to remove pollutants from storm
water discharge shall be implemented. In.developing the plan, the following management practices shall be considered
:
I .
Containment - Storage within berms or other secondary containment devices to prevent leaks and spills from entering
storm water runoff;
Ii .
Oil & Grease Separation - Oil/water separators, booms, skimmers or other methods to minimize oil contaminated storm
water discharges ;
Iii .
Debris & Sediment Control - Screens, booms, sediment ponds or other methods to reduce debris and sediment in storm
water discharges ;
Iv .
Waste Chemical Disposal - Waste chemicals such as antifreeze, degreasers and used oils shall be recycled or disposed
of in an approved manner and in a way which prevents them from entering storm water discharges
.
V .
Storm Water Diversion - Storm water diversion away from materials manufacturing, storage and other areas of potential
storm water contamination
;
Vi .
Covered Storage or Manufacturing Areas - Covered fueling operations, materials manufacturing and storage areas to
prevent contact with storm water .
6 .
Sediment and Erosion Prevention
- The plan shall identify areas which due to topography, activities, or other factors, have a high
potential for significant soil erosion and describe measures to limit erosion
.
7 .
Employee Training - Employee training programs shall Inform personnel at all levels of responsibility of the components and
goals of the storm water pollution control plan. Training should address topics such as spill response, good housekeeping and
material management practices. The plan shall Identify periodic dates for such training
.
B .
Inspection Procedures - Qualified plant personnel shall be identified to Inspect designated equipment and plant areas . A tracking
or follow-up procedure shall be used to ensure appropriate response has been taken In response to an inspection. Inspections
and maintenance activities shall be documented and recorded .
Page 8
NPDES Permit No. IL0001589
Special Conditions
G .
The permittee shall conduct an annual facility Inspection to verify that all elements of the plan, including the site map, potential
pollutant sources, and structural and non-structural controls to reduce pollutants in Industrial storm water discharges are accurate
.
Observations that require a response and the appropriate response to the observation shall be retained as part of the plan. Records
documenting significant observations made during the site Inspection shall be submitted to the Agency in accordance with the
reporting requirements of this permit
.
H.
This plan should briefly describe the appropriate elements of other program requirements, Including Spill Prevention Control and
Countermeasures (SPCC) plans required under Section 311 of the CWA and the regulations promulgated thereunder, and Best
Management Programs under 40 CFR 125 .100 .
I .
The plan is considered a report that shall be available to the public under Section 308(b) of the CWA . The permittee may claim
portions of the plan as confidential business information, including any portion describing facility security measures
.
J .
The plan shall Include the signature and title of the person responsible for preparation of the plan and include the date of initial
preparation and each amendment thereto .
Construction Authorization
K.
Authorization is hereby granted to construct treatment works and related equipment that may be required by the Storm Water Pollution
Prevention Plan developed pursuant to this permit
.
This Authorization is issued subject to the following conditlon(s) .
1
.
If any statement or representation Is found to be incorrect, this authorization may be revoked and the permittee there upon waives
all rights thereunder .
2 .
The issuance of this authorization (a) does not release the permittee from any liability for damage to persons or property caused by
or resulting from the installation, maintenance or operation of the proposed facilities ; (b) does not take into consideration the structural
stability of any units or part of this project ; and ® does not release the permittee from compliance with other applicable statutes of
the State of Illinois, or other applicable local law, regulations or ordinances
.
3 .
Plans and specifications of all treatment equipment being Included as part of the stormwater management practice shall be Included
In the SWPPP .
4 .
Construction activities which result from treatment equipment Installation, Including clearing, grading and excavation activities which
result in the disturbance of one acre or more of land area, are not covered by this authorization . The permittee shall contact the IEPA
regarding the required permlt(s)
.
REPORTING
L .
The facility shall submit an annual inspection report to the Illinois Environmental Protection Agency . The report shall Include results
of the annual facility inspection which is required by Part G of the Storm Water Pollution Prevention Plan of this permit . The report
shall also Include documentation of any event (spill, treatment unit malfunction, etc .) Which would require an inspection, results of
the Inspection, and any subsequent corrective maintenance activity . The report shall be completed and signed by the authorized
facility employee(s) who conducted the Inspection(s) .
M .
The first report shall contain information gathered during the one year time period beginning with the effective date of coverage under
this permit and shall be submitted no later than 60 days after this one year period has expired . Each subsequent report shall contain
the previous year's Information and shall be submitted no later than one year after the previous year's report was due .
Page 9
NPDES Permit No. IL0001589
Sneclal Conditions
N .
Annual inspection reports shall be mailed to the following address
:
Illinois Environmental Protection Agency
Bureau of Water
Compliance Assurance Section
Annual Inspection Report
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
O .
If the facility performs inspections more frequently than required by this permit, the results shall be included as additional information
in the annual report.
SPECIAL CONDITION 11. The Permittee shall record monitoring results on Discharge Monitoring Report (DMR) Forms using one such
form for each outfall each month
.
In the event that an outfall does not discharge during a monthly reporting period, the DMR Form shall be submitted with no discharge
Indicated .
The Permittee may choose to submit electronic DMRs (eDMRs) Instead of mailing paper DMRs to the IEPA . More Information, including
registration information for the eDMR program, can be obtained on the IEPA webslte, http://www.epa .state.1l.us/water/edmrAndex.html .
The completed Discharge Monitoring Report forms shall be submitted to IEPA no later than the 15th day of the following month, unless
otherwise specified by the permitting authority
.
Permittees not using eDMRs shall mail Discharge Monitoring Reports with an original signature to the IEPA at the following address
:
Illinois Environmental Protection Agency
Division of Water Pollution Control
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Attention: Compliance Assurance Section, Mail Code # 19
SPECIAL CONDITION 12 .
For the purpose of this permit, discharges from outfall 002 are limited to overflow from the stormwater retention
basin, free from additional process or other discharges
.
SPECIAL CONDITION 13. The permittee shall monitor the nitrogen concentration of It's oil feed stocks and report the concentrations to
the Agency on an annual basis . Reports shall be submitted no later than 60 days after the end of the calendaryear.
SPECIAL CONDITION 14. The permittee may use the upset provision as an affirmative defense provided all the requirements of 40 CFR
122 .41(n) are met .
,SPECIAL CONDITION 15
. Discharge from this facility shall be In accordance with 35 III. Adm. Code Section 304.213 for ammonia nitrogen
.
This section requires that the discharge meet BAT limitations pursuant to 40 CFR 419 .23, as well as ammonia nitrogen concentration limits
of 9.4 mg/I as a monthly average and 26 .0 mg/1 as a daily maximum.
Page 10
SPECIAL CONDITION 16 .
Storm Water Credit for Outfall 001
An additional stonnwater credit for the following parameters shall be calculated based on 100% of the stormwater flow as defined below .
NPDES Permit No. IL0001589
Special Conditions
Dry Weather Flow -- The average flow from the waste water treatment facility for the last three consecutive zero precipitation days
.
Previously collected storm water shall not be included
.
Stonmwater Flows - The stormwater runoff which is treated in the waste water treatment facility shall be defined as that portion of the flow
greater than the dry weather flow
.
In computing monthly average permit limits to include stormwater credit, the pound credit calculated above shall be averaged along with
process pound limits over the 30 day period . Explanatory calculations and flow data shall be submitted together with discharge monitoring
reports .
The stormwater credit does not authorize the permittee to exceed the concentration limits contained in effluent Limitations and Monitoring,
Page 2 .
SPECIAL CONDITION 17
. The discharge from outfall 001 shall be subject to the following limitations
:
During the months of April through November, the discharge shall not exceed 90° F, except that one percent of the hours in any 12 month
period may exceed 90° F but shall never exceed 93° F at any time
.
Whenever the weekly average temperature of the effluent exceeds 90° F, the per mittee shall limit it's net thermal discharge to 1,452 mm
BTU per day based on a weekly average
.
The monthly average and monthly maximum value shall be reported on the DMR . The per mittee shall also report the total number hours
the temperature exceeds 90° F
.
SPECIAL CONDITION 18. The permittee was granted a variance from the water quality standard for Total Dissolved Solids (TDS) for the
discharge at outfall 001 in accordance with Illinois Pollution Control Board Order PCB 05-85 . The permittee shall commence its study of
downstream TDS concentrations in accordance with the schedule contained in this order . This permit may be modified to Include any final
limitations or monitoring requirements which may result. This variance expires on December 15, 2009
.
SPECIAL CONDITION 19,
Upon commencement of operation of the FCCU Scrubber System, the discharge from Outfall 001 shall be
monitored on a continuous basis for Total Residual Chlorine and subject to a limit of 0.05 mg/I as an Instantaneous maximum. The
permittee shall notify the Agency in writing 30 days (or as soon as practicable) prior to the start of scrubber operations . From the effective
date of this permit until such time that the scrubber becomes operational, monitoring for Total Residual Chlorine Is only required during
those times when breakpoint or super chlorination is used for short term ammonia treatment in the treated water basin. Prior to discharging
from the treated water basin following chlorine treatment, the permittee shall take a grab sample from the basin to determine compliance
with the TRC limit of 0.05 mg/l. The discharge from the basin shall then be sampled once per day using a grab sample, for a period of five
days after resuming the discharge. The permittee shall submit an attachment to the DMR explaining the reason for the temporary chlorine
treatment, the amount of chlorine use, and length of the temporary cessation of discharge
.
Pounds per 1000 gallons of stormwater
Parameter
Average
Maximum
SOD
0.22
0.40
Total Suspended Solids
0.18
0.28
COD
1 .5
3.0
Oil and Grease
0.067
0.13
Phenol
0.0014
0 .0029
Cr (tot)
0.0018
0 .0050
Cr(+6)
0.00023
0.00052
Page
71
ATTACHMENT H
Stanford Conditions
Definition .
Act means list Illinois Envnonmenlal Prtection Act. Ch I I 1 1.210 Rev 51.1. Sec 1001
1052 as Amended
Agency means t
he
Illinois Environmental Protection Agency
Bonn means The Illinois Palluoon Cornrol Board
.
Clean Water Act (formerly referred to as the Federal Water Pollution Control Acl) moons
Pub. L 92-500, as amended . 33 U.S C. 1251 et red
NPDES (National Pollutant Discharge Elimination Svsleml m
ns the naoonal program for
uing, modifying, revoking and reissuing. terminating, proposing and enforcing permitse and
imposing and enforcing pretreatment requirements. under Sections 307, 402, 318 and 405
of 'ft. Clean Water Acl .
USEPA means the United States Environmental Protection Agency .
Daily Discharge means the discharge of a pollutant measured during a calendar day or any
24-hour Isenod that reasonably represents the calendar day for purposes of sampling . For
pollutants with limitations espasaed in units of mass . the "daily discharge'
la calculated as
the total mass of the pollutant discharged over Ine day. For pollutants with Ilmdatmns
ealaea,ad in other units of measuremests, ins "dally discharge" b calculated as iha avenge
masaenenl of the pollutant over the day .
Maslmum Daily Discharge L)mitallon (daily msnmumt means
In-
highest allowable tied,
discharge .
Average Monthly Discharge Limitation (30 day average) Milan. the highest allowable
average of dairy discharges over a calendar month, calculated a. Its a
of ell daily
discharges measured during a calendar month divided by The number of daily dicnergae
meesteed during That Month,
a
Average Weekly Discharge Limitation I7 day a angel
M ..f,
the highest allowable
verage of daily discharge. over a calendar weak, calculated as the sum of all daily discharges
maa.lved during a calendar weak divided by in* number of daily discharges measured during
that week.
Beat Management Practices IBMPtI moans schedules of activities, orahibllione of
pracfacee, maintenance procedure., and other management prectlcea to prevent or reduce the
pollution of -at.. of the Slate. OMPe oleo include I
..eopen requirements . operating
procedures, and practices to control Plant alt- runoff, spillage or lake . sbdge or waste
diepoat or drainage from raw material storage .
Aliquot means a sample of specified volume used to make up a total composlle sample
.
Drab Sample
an. en Individual sample of at bat 100 milliliters collected at a randomly-
selected dine over a period not eeceedlg 16 minutes
.
24 Heap Composite Sam
ple memo a combination of al mast 8 aemde aliquots of at last
100 mllileos. collated et pedodb Intervals dung the operating hour. Of a facalty over a 24-
hour period.
S HourCOmposbA Sample means a combination of .11 ease 3 eemple .Ilquata of al lees( 100
milaitere . collated at periodic intervals do.., the opereee rip hours of a facility over en 6-hoot
period.
Flow Proportional Composite Seoul. means a combination of sample aliquots of at level
too
hint collected nl periodic interval . such that ether the time interval between each
aliquot m the volume 01 each aliquot b proportional to either the stream flow et the time of
sampling or the total steam lbw since the collection of the pavloua aliquot
Ill
Duty to compy. The penninu must comply wish ell condifne of ihb permit,
Any permit noncompliance canstiurtea a vllation of the Act and is grounds for
enfacenent apron permit lemanat/an, ravoabn and re/seance, modification
.
or for denial of a permit renewal application. The permlfee shall comply with
effluent attendants. or pohibilbm eatabll .hed wider Seattle 3071,1 of the Clean
Watts Act for toxic pollutants within the time provided In the regulations that
establish these standard .
To
prohibitions, even If the pima has not
yet
beans
noiffed to incorporate the requirement
121
Duty to reepply. If Me Compote wishes to continue an activity regulated by this
permit aier the aspiration dale of this pennh, the pannldae ..at apply for and
obtam a new permit It the determine submits a proper application as required by
iha Agency no later than ISO days prior to the expiration dab, this Formed shall
continue in lug force and effect until the final Agency decision on me application
has bin made .
(3)
Need to
halt a
reduce otlvity at a defenee . It (hall not be a defense for a
palmltm in an enforcemen t atio That d would love been naeaaw to halt or
reduce Ina peemined activity In order to maintain compliance with the cordipons
of this permit
.
141
Duty to mitigate. The "formed shell Take all reasonable sops to Minimize or
pevat any discharge in vglatton of this parnit which hea a reassoreadhis,
arthropods
of adversely elfedlng omen health or the environment.
Piper oysralon end qualm
The permlfee shag at all times properly
operate and maintain ell facilities and, systems of botrrand e" control land
related appurtenances) which are metals or seed by the "lm/nn to achieve
compliance with the conditions of this permit Proper Operation and maintenance
Includes effect ore performance, adequate funding, adequate operator .TaXing end
mining, and adequate laboratory and process carols, Including appropriate
quality assurance procedures. This provision requires Its operation of bekVp, or
auailbry facilities. or elmgar uatarns only when eseaaury b achieve
complunce with the cooditlooa of the permit,
(51
PRINTED
ON RECYCLED PAPER
161
Parent actiless Th ., permit
M, this
purififiec . ravoki,ol and
ST4.u.p . A,
tiorterm,od
for cause by the Agency pursuant to 40 CFA 122,62. The filing of a request be The
Permitted for a permit modification, revocation and ragsuarce, m temmaon, Or a
nollficadon of planned changes or anticipated noncompliance does not stay any
permit condition
.
171
Properly rights. This Permit does non convey any
property
rights of any son, w
any etclplwe privilege
.
181
Duty to provide information The Permutes shell furnish to the Agency wnhm a
reasonable time, any information which The Agency May request b determine
whether cause exists for modifying, revoking and reissuing, or lernlinabno Ilea
Permit.
or
Io
determine compliance with Ine
parent. The permitlee shall also
humeri to the Agency. upon r.quest, comet of record. required b be kept by this
permit.
191
Inapeution and entry. The permltee shall allow an eulhonaed r.pre ..nletiva of
Th. Agency. upon the presentation of eradenlials and other docttmanna as may be
repaired by law, to :
lal
Enter upon the perrnil!ee's pramises where a regu
lat ed faci lity or actis ity is
local" or conducted,
or where
records muss be kept under the conditions
of this permit
(b)
Have access to and copy, at reasonable time., my reeordo that must be
kept under the conditions of this permit
:
kl
Inspect at reasonable times any facilitlet, equipment (including monitor,
and control eqmpmnd. practices, o operations regulated w required
under this permit: end
Idl
Sample or monitor anseasonal nmes.forthepurpose ofassumed permit
pmpliance, o
Otherwise authorized by the Act, any substance, or
parameters at any location .
1101
Monitoring and records
.
W
Samples and measurements taken for The pupow of monitoring shag be
later...many. of the monitored ..mm,
Ibl
The permittes shall retain records of an monitoring Inlormetion, including
all calibration and maintenance recdrde, and all orpinel strip chart
recordings for contirwoua morataing inatmmentetlon, copies of all raisons
required by this Fall and records of .n us. used
to complete the
Application for thisp
ermit. be a period of -11 out 3 years Mom the data o1
this permit measurement report or application. This penod may So
extended by request of the Agency at any lime
.
k)
Redords of monitors, information shall include:
(1)
The date, e.acl place, and time of asmplhg p meaauremana ;
121
The Individuallel who performed the sempells, or meeeunmatc
(31
The detelsl analyses wen perform";
141
The indivduallal who performed the analyses
:
151
The analytical technquea m methods used: and
161
The results of such analyses .
(d)
Monitoring must
he conducted according io (sat procedures apyrov.d
under 40 CFA Pan 13do unless other test pocedum bye been
-pee-lied
in this permit. Where no teat procedure undo 40 CPR Part 136 ha ban
approved, the parmdtsa most submit to the Agency a teat method
for
approval. The permnlee (hall calibroa and perform mainunencs
procedure on all monitoring and aalyeicel Instumatauon at intervals
up
ensure accuracy of rtnastomnu
.
1111
SIgmtory, requirement All applications, reports or information submit," to the
Agenda shall be signed and certified
.
la/
Application. All permit applications shall be signed as fonowe
:
111
For a corporation : by a principal e .autive officer of at
I..., the
level of vice pnaldent or a person or petition having overall
reaonaibility for avlronmentel matters tar the Muddled . . ;
121
Per a partnership or Bola proprlaunhip : by a general partner or
the proprietor. respectNMy : or
(3)
For a munkepaloty, sure, Federal. or attar Public
agents .
by
either a principal eaamrve offer or ranking elected official .
Ad
Reports . All taporta required byperut ita, or oth er
information rsquested by
the Agency shall be signed by a person deecnbed In paragraph (a) or by a
duly authorized repavenupva of that parson . A person is a duly evt noriced
representative only If:
(1)
The epnoniauan is made in venting by a person deembed in
paragraph
lal :
and
121
The authorization specifics either an individual Of a fro"ion
nepomible for the overall operation of the Luxury, from which the
discharge cnainates. such as a plant maeager, suoenntendmp or
person of equivalent reepi mlbeity; and
(3)
The wn<fan authorizetlon 1e submp to to the Agency,
raga 12
.al
Planned changes rye permi t .. shall qw. notca to the Agency as soon
s possible of any planned physical alttpoon5 or additions to he
permittedfactltty
(b)
Anticipated nencomotience,
The
sure attee shall glue advance notice to
the Agency of any planned changes in the permitted Iscillty or activity
which may result in noncompliance with permit requirements
.
Icl
Compllence schedules. Reports of compliance or noncompliance with, or
any dog. reports on, interim and final requirements contained in any
compMnce schedule of this permit shell be submitted no later then 14
days following each schedule date
.
Id)
Monitoring reports. Monnonno results shall be reported at the interval .
specified elsewhere In this
permit.
111
Monitoring result. must be reported on a Discharge MoNtonng
Report IDMRI.
121 If the M.". monitors any pollutant more lrequnlly then
required by the permit using test procedum approved under 40
CFR 136 ores specifled
mine
permit, the results of this monitoring
shell be included In IM calculation and reporting of the data
submitted I IN Deals,
131
Calculations for all limitations which fortune averaging of
mesauremenu shall utilize en arithmetic mean unless otherwise
spcifted by the Agency to the permit
.
let
Twerp,-four he., reporting. The permits .. shell report any
noncompliance which may endanger health or the a vironment . Any
Information shall be
provided orally within 24 hours from the time the
pennies, becomes aware of the dInOmetances. A written submission mall
alsobe povided within 5 days of the time the permtnea becomes aware of
the circumstances . The written sudmtsaion shell contain a description of
the noncommliance held its Cause, the period of noncomplance, including
erect date. and time
.: end if the pncomptance had not been comdad,
me anticipated time it
u
expected to contuw: end sop taken or panned
to reduce, eliminate, and prevent reoccurrence of the noncompsence. The
folowing shell he included as Infomu6on which must be reported within
24 blurs:
(1)
Any una.fmat.d bypass which exceeds any eldest limitation In
IM p.it :
(2)
Violation of a maximum
defy
discharge 5mitanlon for any of the
peutanta sated by the Agency In the pnnlt to be reported within
24 hours:
The Agency my waive ma wdnen upon on a case-by-case bases if the
oral reason has Man received worth 24 hours,
Other noneqmlimce . The prmlttee shall report all instance of
noncompliance
not
reported under paragraphs 11211c), Id) . or (al . al the
I
. monitoring reposts are submitted. The reports shall contain the
information lamed in paragraph 11211.1 .
Igl
Other Information. Whoa the prmluaa become, aware In.'
h
filled to
submll my relevant
fact. in a emit eppllcaltOn
O
submitted incorrect
information in a perms application, or in any holders to the Agency, it shall
promptly submit Such fame or Mfomrtion,
113) Trmsbr of prmits . A permit may
be automatically hensferred to a new
Dermme if'.
lal
The current prmittee notifie. the Agency at least 30 days in advance of
IM proposed ".far data:
The Ounce include
. a written epreement Mmcen the adating and new
prminess containing a specific date for transfer of pmts respnsibiliw,
coverage and liable, between the current and new p emitte.s: end
cl
The Agency does not notify the eaistlng pmenn and the proposed now
prmmee of its Intent to modify or /evoke and nip . the permit. If this
notice is not messed, the transfer Ie efieclwe an the date specified in the
agmmnt.
1141
All manufacturing. commercial mMng, ead silvicultural dlacharpn must notify
the Agency as soon as they know or here mason ro bekev :
al
That any activity Ms occurred or will ocIU. which would mat in the
discharge o/ any tonic pfutent identified under Section 307 of the Cleen
We, ., Act which is not limited in the permit, it dust dieaherge will emceed
the highest of the following noulicauon levels
:
11)
0. hu dred mbrognms pr lilts 1100 ug/0
;
111
Ill
Ibl
Two hundred micrograms dear liter 1200
.,/It for ecrotein and
acrylonnrile: five
(
hundred micrograms per if,. 1500 .01 for 2.4 .
diniraphanol and for 2-methyl-4,6-dinitropmarol: and one milligram
pr liter 11 mg/ll for antimony
:
Five 151 times If . maximum concentnuon value reported for that
pollutant in the NPOES permit application: or
The level established by the Agency us Ibis permit
.
Then they hove begun or expect to begin tc use Or manufacture a
intermediate or line) product or byproduct any toxic pollutant which was
nut reported in the NPOES permit application .
1151
All Publicly Owned Te
.sment Won . IPOTWsI mgt provide adequate notice to
the Agency of the following
:
lo)
Any new Inlmductlan of pollutant into that POTW from en indirect
discharges which would he subject to Section 301 or 306 of the Clean
Wets. Act If It wen directly discharging Ill.. polWUM; and
IN
My substantial change in the volume or chancier of polulants bang
Introduced Imo that POTW by
•
our.. Introducing pollutants Into the
POTW at the time of isswnce of the pemit
(c)
For pwyusea of this paragraph, adequate noble shell Include Information
on (t) the q.pp end quantity of effluent introduced into the POTVI add (is)
am anticipated impact of the change on the quantity or q .all, of effluent
to be discharged from the POTW.
1161
It the pennll b issued toeWbscly owned o publicly reqpated treatment works.
IN pensltts shell require any bdusulet sum of such aalrn.t works Io eompy
with federal requbements concerning :
111
User charges pursuant to Section 20401 of the Clean Water Act and
applicable regubllons
appea.ng In 40 CFR 35
:
121
TOXIC pollutant effluent standards end pretreatment nanderda pursuant to
Section 307 of the Clean Water Act : and
(3)
Inspection, monitoring and entry pursuant to Section 308 of the Clean
We. Act
.
(17) If an apps able sunned or limitation is promulgated under Section 3011b11211L1
and (D) . 3N (1,112), or 307x1121 and feet effluent standard a lambillon is mars
subagent tan any effluent Imitation in the permit tar .."In a pollutant not
limited in the prmtt the permit shell be promptly modified or revoked, and
reiupd to conform to that effluent atended or ItanlbMn
.
(161 Arm authodadtlon to coMWd Ipgsd to the Ianninx pwe.nt to 36 W . Adm,
Code 309.164 to hereby incorporated by reference r e condition of the
. penat
119) TheprmitewsagnotmkeanyfalseeYtpspknpessnrolbnorcergflcaMni
has LIS US Yeelbn, record, report plan or otherdaaumnt submi6ad ro the Agencv tar
the
EPA, or requked to be mIWned under this pmlt
(201 TM Clean Water Act povdes the, any person wed
voum
a emit condition
Implemembg Sections 301, 302, 305, 307, 308, 310. Car 405 of the Clean Water
Act hesubject b a cbll penalty rot to exceed $10,000 par day of such viol .hon
.
Any potions who wilfully or negligently violates permit condhions Impleenenting
Sections 301, 302
. 306. 307, cr 308 of the Clean W.Mr Act
a
Object toe fine
of not lees then $2,600, nor mom than $25.000 pro day of vblehen. or by
impri.onmnl for
Out more then one year, o both .
121)
The Clean Water Act provides that any person who felsilesk tamps with . Or
knowingly renders Inaccurate any monitoring device or .,had required to
be
maintained under permit shall. ume conviction, bepnlehe
by
e lint o1 not moo
then $10,000 For violence, or by mnrMOnmnl for not allots mn
a
months per
violation or by both
.
1221
The Clean Water Ad, provides met per, pa,.an wed knowingly mobs any has.
statemnt, mpreeqntahen or centiicallan in any rod o other document
submitted or required to
be maintained under this permit shall, including
monitor,
reports or reports of compliance or hissent-ccurpident. phial, Pa .
conviction, he punished by s fine of not moo insist $10,000 der violation, or by
Impisnnment for not mine than 6 month. pr violation, or by birth.
1231
Collected screening, sluntea, sludgee, and other eollde shall be disposed ot in such
a memmr as to proem entry of IMs. Wptes for runoff hem the wool..) into
wean of the State. The Proper authorization for such dlepoael shell be obtained
tram IN Agency and is ihcoeporeted as Pan hxmf ray refemlc4
124) In cue of conflict between
thares
standard cordltbaa end am othw condltionlsl
Included In this coned .
m
other condllbnlel shell gown,
1251
The gamin shall comply with, in addition to IM requirements of hail perms all
applicable provbbne of 36111. Addis, Code. Subtitle C. Subtitle D . SubtiM E, end ell
applicable orders of t Board .
1251 The provbbm of mat prrrkt are mmbie. end 11 wry provieion of mat emit o
the application of any provision of shat permit M held Invalid the remslnhg
provisions of this permit shall continua In Ill force end effect
11sv. 12.1.661
kl
Changes of Mt orttatlOn . 11 an aumoneelion under
fib) is na longer
(2)
accurate because a different individual or Condon has responsibility for ho
overall operation of Iha facility .
C
v
authorization satisfying Ins
mqulmmenla of Ibl must be eubmllled to the Agency prior to or together
with any reports, Inlormcuon . or appl2ollons to be signed by an sometime
repreaenleuve
.
131
1121
Reporting requbemnb
.
141
CERTIFICATE OF SERVICE
The undersigned, an attorney, certify that I have served upon the individuals named on
the attached Notice of Filing true and correct copies of the PETITION FOR HEARING TO
REVIEW NPDES PERMIT REISSUANCE, by First Class Mail, postage prepaid on
August 14, 2006 .
