Mayor
Gary L . Graham
City Clerk
Philip A . Goodwin
Treasurer
David H . Hursey
Aldermen Ward 1
Nila Grogan
Mary Schmidt
Aldermen Ward 2
Ed True
Becky Henry
Aldermen Ward 3
Rick Reckamp
Jerry Mouser
Aldermen Ward 4
Allen Medford
Tom Bequette
Aldermen Ward 5
Michael Bennett
Dennis Renner
Aldermen Ward 6
Jason M . Boone
Ned Drolet
Aldermen Ward 7
John West
Jerry Albrecht
April 4, 2007
Pollution Control Board, Attn : Clerk
100 West Randolph Street
James R . Thompson Center, Suite 11-500
Chicago, Illinois 60601-3218
Re :
City of O'Fallon STP
NPDES Permit No . IL0021636
Final Permit
Ladies and Gentlemen :
The City of O'Fallon is in receipt of the subject Final Permit, issued on March 27, 2007 . A copy of the
subject permit is attached . This letter serves as our formal appeal to the subject permit . Specifically, we
wish to appeal the following requirements of the permit
:
1 . The 5 days/week sampling frequency . The 5 days/week sampling frequency was not expected,
causing both a financial and manpower burden on the City .
2. The inclusion of an effluent zinc limit. The City's historic effluent metals concentrations do not
indicate a need to impose a limit for zinc .
Our consultant, Henry, Meisenheimer & Gende, Inc
., provided comments, on behalf of the City, regarding
these two items during the comment period . The comments were submitted January 23, 2007, and
requested an explanation for the increased sampling frequency and zinc inclusion . The Illinois
Environmental Protection Agency did not provide the City with a response .
As stated in Title 35, Subtitle A, Chapter I, Part 105, Section 105 .112 .b, "The burden of proof is on the
Agency if the Agency issues an NPDES
permit that imposes limits which are based upon a criterion or
denies a permit based
upon application of a criterion, then the Agency shall have the burden of going
forward with the basis for derivation of those
limits or criterion which were derived under the Board's
rules . [415 ILCS 5/40(a)(1)]
In light of the lack of response to our consultant's comments, and pursuant to Section 105 .112 .b, the City
of O'Fallon requests that the Board hear this appeal and require the Agency to provide its basis for
inclusion of the zinc limits and sampling frequency criteria imposed in the subject permit, and to further
review the need for their inclusion in the subject permit .
Please contact me via phone at (618) 624-4500x3, or email at dsullivan(aofallon
.orq, at your convenience
should you have any questions . Alternatively, you may contact our consultant, Brian Buchheit, of Henry,
Meisenheimer & Gende, Inc . at (618) 594-3711 or bbuchheit(a), hmgengineers .co m .
Sincerely,
F O'FALLON
Dennis L
. Su v n, P.E.
Director of Public Works
DLS :hb
RECEIVED
CLERK'S OFFICE
APR 1 0 2001/
Pollution
STATE OF
ControlILLINOIS
Board
Enc .
cc :
Brian Buchheit, HMG
Frank Shewmaker
l\Ec &PWWWLellers\PW-A1428dcc
City Hall • 255 South Lincoln
• O'Fallon, Illinois 62269 • 618 624-4500 • fax : 618 6244508 • www.ofallon .org
217/782-0610
March 27, 2007
City
255 South
of O'FallonLincoln
O'Fallon, Illinois 62269
Re:
City
City
of
of
O'FallonO'Fallon
STP
NPDES Permit No . IL0021636
Final Permit
Gentlemen :
result
limitations,
Attached
in civil
is
monitoring,
the
and/or
final
criminal
NPDES
and reporting
penaltiesPermit
for
requirements
. The
your
Illinois
discharge
. Failure
Environmental
. The
to
Permit
meet
Protection
any
as
portion
issued
Agency
of
covers
the
is
Permit
ready
dischargecouldand
willing
your dischargeto
assist
.
you in interpreting any of the conditions of the Permit as they relate specifically to
(eDMRs)
The Agency
instead
has begun
of paper
a program
Discharge
allowing
Monitoring
the submittal
Reports
of electronic
(DMRs). If
Discharge
you are interested
Monitoring
in
ReportseDMRs,
If
more
your
information
facility is
can
not
be
registered
found on the
in the
Agency
eDMR
website,program, ha ttpsupply
://epa.stateof
preprinted
.il.us/water/edmr/indexpaper
DMR Forms
.htmforl.
your
Additional
facility
information
will be sent
and
to
instructions
you prior to
will
the initiation
accompany
of
the
DMR
preprinted
reporting
DMRs
under
upon
the reissued
their arrivalpermit
.
.
The attached Permit is effective as of the date indicated on the first page of the Permit . Until the
effective date of any re-issued Permit, the limitations and conditions of the previously-issued Permit
Pollution
remain in full
Control
effectBoard
. You
within
have
a
the
35
right
day period
to appeal
following
any condition
the issuance
of the
datePermit
.
to the Illinois
Should you have questions concerning the Permit, please contact Landon Niedringhaus at the
telephone number indicated above .
Sincerely,
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
EL
(.a._
I11dJ'_1~L
i
s
.,
1021
NORTI1 GRAND AvENUE EAST,
P.O
. Box
19276,
SPRINGFIELD, II I INOIS
62794-9276 - ( 217) 782-3 :397
JAMES R . rHOMPSON CAN II R, 100 WEST RANI)OI Ell, SUII111-300, CI It( ACO, IL 60601 - (312) 814-6026
Alan Keller, P .E.
Manager,
Division of
Permit
Water
SectionPollution
Control
SAK:ELN :06120601 .dlk
Attachment : Final Permit
cc:
Records
Compliance
Collinsville
Assurance
Region
Section
Rsx KFORD - 4302~YdStNM4 Street, Rockford, II . 61103 - (81S)987 -7700 • Urs PTA INES- 9511 W . Harnson St ., Des I'laines IL 60016 - (847) 204-4000
Eo ;
nr&IMAR
fCStdle, Elgin, 11 .60125-18471608 :3131 • PEORIA-5415 N . UniversitySt ., Peoria, IL61614-(309) (W9)E,915463
Buaenu Of LAND- PEORIA - - 620N . University Sl., Peoria, IL61614- (309)693 -5462 • OIANIIAnN 2125 South First Street, Champaign, IL 61820-(217) 278-5800
SrRINnTIrI a -4500 S
. Sixth Street Rd
., Springfield, 11 62706 (217) 706-6892
• (nn wswur.-2009 Mall Stu'el, (olli)sville, 11 622(4 - (618) :146-5120
MARION -210'1 W . Main St., Swte I16, Marion, II 02959
-
(61 ti) 993-72(10
PRINTED ON Ru Y (11H) I'ni•ue
RoD R . BLAGOJEVlul, GOVERNOR
DOUGLAS P . ScOri, DIRECTOR
'
1(118,1
Expiration Date :
May 31, 2012
Name and Address of Permittee :
City of O'Fallon
255 South Lincoln
O'Fallon, Illinois 62269
Receiving Waters : Silver Creek
SAK :ELN :06120601 .dlk
NPDES Permit No . IL0021636
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:
March 27, 2007
Effective Date
: June 1, 2007
Facility Name and Address :
City of O'Fallon STP
Raider Road
O'Fallon, Illinois
(St. Clair County)
In compliance with the provisions of the Illinois Environmental Protection Act, Title 35 of the Ill . Adm . Code, Subtitle C, Chapter I, 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 .
Alan Keller, P . .
Manager, Permit Section
Division of Water Pollution Control
Page
2
NPDES Permit No . IL0021636
Effluent Limitations
. Monitoring . and Reoortinq
FINAL
Discharge Number(s) and Name(s) : 001 STP Outfall
Load limits computed based on a design average flow (DAF) of 5 .61 MGD (design maximum flow (DMF) of 13
.14 MGD) .
Excess flow facilities (if applicable) shall not be utilized until the main treatment facility is receiving its maximum practical flow
.
From the effective date of this Permit until the expiration date, the effluent of the above discharge(s) shall be monitored and limited at
all times as follows :
`Load limits based on design maximum flow shall apply only when flow exceeds design average flow .
"Carbonaceous BOD S (CBODS ) testing shall be in accordance with 40 CFR 136
.
Flow shall be reported on the Discharge Monitoring Report (DMR) as monthly average and daily maximum .
Fecal Coliform shall be reported on the DMR as daily maximum
.
pH shall be reported on the DMR as a minimum and a maximum .
Chlorine Residual shall be reported on DMR as a daily maximum .
Dissolved oxygen shall be reported on DMR as minimum .
LOAD LIMITS lbs/day
CONCENTRATION
DAF (DMF)-
LIMITS MG/L
Parameter
Flow (MGD)
CBODs' -
Monthly
Weekly
Daily
Monthly
Average
Average
Maximum
Average
468(1096)
936(2192)
10
Weekly
Average
Daily
Maximum
20
Sample
Frequency
Continuous
5 Days/Week
Sample
Type
Composite
Suspended Solids
561 (1315)
1123(2630)
12
24
5 Days/Week
Composite
Dissolved Oxygen
pH
Fecal Coliform
Chlorine Residual
Shall not be less than 6 mg/L
Shall be in the range of 6 to 9 Standard Units
Daily Maximum shall not exceed 400 per 100 mL
(May through October)
.05
5 Days/Week
5 Days/Week
5 Days/Week
5 Days/Week
Grab
Grab
Grab
Grab
Ammonia Nitrogen
as (N)
March-May/Sept.-Oct . 70(164)
351 (822)
365(855)
1 .5
7 .5
7 .8
5 Days/Week Composite
June-August
70(164)
225(526)
365(855)
1 .5
4 .8
7 .8
5 Days/Week
Composite
Nova Feb .
89(208)
206(482)
1
.9
4 .4
5 Days/Week Composite
Zinc
1 .8 (4 .2)
9 .9(23)
0 .0379
0 .2114
5 Days/Week Composite
Page 3
NPDES Permit No . IL0021636
Influent Monitoring, and Reportinq
The influent to the plant shall be monitored as follows :
Parameter
Sample Frequency
Sample Type
Flow (MGD)
Continuous
BOD 5
5 Days/Week
Composite
Suspended Solids
5 Days/Week
Composite
Influent samples shall be taken at a point representative of the influent.
Flow (MGD) shall be reported on the Discharge Monitoring Report (DMR) as monthly average and daily maximum .
BOD 5 and Suspended Solids shall be reported on the DMR as a monthly average concentration
.
Page
4
NPDES Permit No . IL0021636
Special Conditions
SPECIAL CONDITION 1 . This Permit may be modified to include different final effluent limitations or requirements which are
consistent with applicable laws, regulations, or judicial orders
. The IEPA will public notice the permit modification .
SPECIAL CONDITION 2 . The use or operation of this facility shall be by or under the supervision of a Certified Class 1 operator .
SPECIAL CONDITION 3. The IEPA may request in writing submittal of operational information in a specified form and at a required
frequency at any time during the effective period of this Permit .
SPECIAL CONDITION 4
. The EPA may request more frequent monitoring by permit modification pursuant to 40 CFR § 122 .63 and
Without Public Notice in the event of operational, maintenance or other problems resulting in possible effluent deterioration .
SPECIAL CONDITION 5. The effluent, alone or in combination with other sources, shall not cause a violation of any applicable water
quality standard outlined in 35 III . Adm . Code 302 .
SPECIAL CONDITION 6 . 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 7 .
This Permit may be modified to include requirements for the Permittee on a continuing basis to evaluate and
detail its efforts to effectively control sources of infiltration and inflow into the sewer system and to submit reports to the IEPA if
necessary .
SPECIAL CONDITION 8 .
Fecal Coliform limits for Discharge Number 001 are effective May thru October . Sampling of Fecal Coliform is
only required during this time period .
The total residual chlorine limit is applicable at all times
. If the Permittee is chlorinating for any purpose during the months of November
through April, sampling is required on a daily grab basis . Sampling frequency for the months of May through October shall be as indicated
on effluent limitations, monitoring and reporting page of this Permit
.
SPECIAL CONDITION 9. The Permittee shall monitor the effluent and report concentrations (in mg/L) of the following listed parameters
eighteen (18) months prior to the expiration date and again at twelve (12) months prior to the expiration date
. The sample shall be a 24-
hour effluent composite except as otherwise specifically provided below and the results shall be submitted on Discharge Monitoring Report
Forms to IEPA unless otherwise specified by the IEPA
. The parameters to be sampled and the minimum reporting limits to be attained
are as follows :
STORET
CODE
PARAMETER
Minimum
reoorting limit
01002
Arsenic
0 .05 mg/L
01007
Barium
0
.5 mg/L
01027
Cadmium
0 .001 mg/L
01032
Chromium (hexavalent) (grab)
0
.01 mg/L
01034
Chromium (total)
0
.05 mg/L
01042
Copper
0 .005 mg/L
00718
Cyanide (grab) (weak acid dissociable)
5 .0 ug/L
00720
Cyanide (grab not to exceed 24 hours) (total)
5 .0 ug/L
00951
Fluoride
0 .1 mg/L
01045
Iron (total)
0 .5 mg/L
01046
Iron (Dissolved)
0 .5 mg/L
01051
Lead
0 .05 mg/L
01055
Manganese
0 .5 mg/L
71900
Mercury (grab) (using USEPA Method 1631 or equivalent)
1 .0 ng/L*
01067
Nickel
0 .005 mg/L
00556
Oil (hexane soluble or equivalent) (Grab Sample only)
5 .0 mg/L
32730
Phenols (grab)
0 .005 mg/L
01147
Selenium
0 .005 mg/L
01077
Silver (total)
0 .003 mg/L
01092
Zinc
0 .025 mg/L
Page 5
NPDES Permit No . IL0021636
Special Conditions
Unless otherwise indicated, concentrations refer to the total amount of the constituent present in all phases, whether solid, suspended or
dissolved, elemental or combined, including all oxidation states .
'1 .0 ng/L = 1 part per trillion .
SPECIAL CONDITION 10 . During January of each year the Permittee shall submit annual fiscal data regarding sewerage system
operations to the Illinois Environmental Protection Agency/Division of Water Pollution Control/Compliance Assurance Section . The
Permittee may use any fiscal year period provided the period ends within twelve (12) months of the submission date .
Submission shall be on forms provided by IEPA titled "Fiscal Report Form For NPDES Permittees" .
SPECIAL CONDITION 11 . The Permittee shall conduct biomonitoring of the effluent from Discharge Number(s) 001 .
Biomonitorin
Acute Toxicity - Standard definitive acute toxicity tests shall be run on at least two trophic levels of aquatic species (fish,
invertebrate) representative of the aquatic community of the receiving stream . Testing must be consistent with Methods for
Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Oroanisms (Fifth Ed .) EPA/821-R-
02-012 . Unless substitute tests are pre-approved
; the following tests are required
:
a
Fish - 96 hour static LC, Bioassay using fathead minnows (Pimephales promelas) .
b .
Invertebrate 48-hour static LC, Bioassay using Ceriodaphnia
.
2 .
Testing Frequency - The above tests shall be conducted using 24-hour composite samples unless otherwise authorized by
the IEPA
. Samples must be collected in the 18th, 15th, 12th, and 9th month prior to the expiration date of this Permit .
3 .
Reporting - Results shall be reported according to EPA/821-R-02-012, Section 12, Report Preparation, and shall be submitted
to IEPA, Bureau of Water, Compliance Assurance Section within one week of receipt from the laboratory. Reports are due to
the IEPA no later than the 16th, 13th, 10th, and 7th month prior to the expiration date of this Permit .
4.
Toxicity Reduction Evaluation - Should the results of the biomonitoring program identify toxicity, the IEPA may require that the
Permittee prepare a plan for toxicity reduction evaluation and identification . This plan shall be developed in accordance with
Toxicity Reduction Evaluation Guidance for Municipal Wastewater Treatment Plants,
EPA/833B-99/002, and shall include an
evaluation to determine which chemicals have a potential for being discharged in the plant wastewater, a monitoring program
to determine their presence or absence and to identify other compounds which are not being removed by treatment, and other
measures as appropriate
. The Permittee shall submit to the IEPA its plan for toxicity reduction evaluation within ninety (90)
days following notification by the IEPA . The Permittee shall implement the plan within ninety (90) days or other such date as
contained in a notification letter received from the IEPA
.
The IEPA may modify this Permit during its term to incorporate additional requirements or limitations based on the results of
the biomonitoring . In addition, after review of the monitoring results, the IEPA may modify this Permit to include numerical
limitations for specific toxic pollutants
. Modifications under this condition shall follow public notice and opportunity for hearing .
SPECIAL CONDITION 12 .
For the duration of this Permit, the Permittee shall determine the quantity of sludge produced by the treatment
facility in dry tons or gallons with average percent total solids analysis . The Permittee shall maintain adequate records of the quantities
of sludge produced and have said records available for IEPA inspection
. The Permittee shall submit to the IEPA, at a minimum, a semi-
annual summary report of the quantities of sludge generated and disposed of, in units of dry tons or gallons (average total percent solids)
by different disposal methods including but not limited to application on farmland, application on reclamation land, landfilling, public
distribution, dedicated land disposal, sod farms, storage lagoons or any other specified disposal method
. Said reports shall be submitted
to the IEPA by January 31 and July 31 of each year reporting the preceding January thru June and July thru December interval of sludge
disposal operations .
Duty to Mitigate
. The Permittee shall take all reasonable steps to minimize any sludge use or disposal in violation of this Permit .
Sludge monitoring must be conducted according to test procedures approved under 40 CFR 136 unless otherwise specified in 40 CFR
503, unless other test procedures have been specified in this Permit .
Page 6
NPDES Permit No . IL0021636
Special Conditions
Planned Changes . The Permittee shall give notice to the IEPA on the semi-annual report of any changes in sludge use and disposal .
The Permittee shall retain records of all sludge monitoring, and reports required by the Sludge Permit as referenced in Standard Condition
23 for a period of at least five (5) years from the date of this Permit .
If the Permittee monitors any pollutant more frequently than required by the Sludge Permit, the results of this monitoring shall be included
in the reporting of data submitted to the IEPA .
Monitoring reports for sludge shall be reported on the form titled "Sludge Management Reports" to the following address
:
Illinois Environmental Protection Agency
Bureau of Water
Compliance Assurance Section
Mail Code #19
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
SPECIAL CONDITION 13 . 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 EPA website, h ttp ://www .epa .state .il .us/water/edmr/index .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 14 . Diversion of flows to the lagoon system shall not exceed a loading a 2,650 lbs . of BOD S per day, except when
the influent flow exceeds 3 .228 MGD . Any discharge from the lagoon must be sampled for the sample parameters and at the same
frequency as those listed for discharge 001, before mixing with the activated sludge discharge .
SPECIAL CONDITION 15 . The City of O'Fallon is not being required to construct tertiary filtration as long as the City of O'Fallon can
consistently meet the required discharge limits of 10 mg/L BOD S and 12 mg/L suspended solids . If the IEPA determines that the City of
O'Fallon can not consistently meet the required discharge standards, the City of O'Fallon shall construct and make operational approved
additional tertiary filtration within 24 months after notice by the IEPA .
SPECIAL CONDITION 16 . The permittee shall update the industrial user inventory within 6 months from the effective date of this permit .
The permittee shall continue to monitor its sewer system and appropriate municipal records, and inform the Illinois Environmental Protection
Agency and the U .S . Environmental Protection Agency Region 5 if it becomes aware of any planned or actual discharges from significant
or categorical industrial users .
Page
7
ATTACHMENT H
Standard Condition
.
Definition
.
Act m
s the Illinois Fnvlronmamal PmiectmnAct Ch III 1/2 III1 flea Stat . .Sec Ir101 .
1052 as amended
Agency beans the Illinois Environmental Protection, Agency
Board means me Illinois Pollution Condor Board
.
Clean Water Act (formerly referred to as the Federal Water Pollution Control Act) means
Pub. L 92 .500 . as amended . 33 U .S .C . 1251 et seq
NPDES (National Pollutant Discharge Elimination Systeml means the national program
for
issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing penmlss and
imposing and enforcing pretreatment requirements, under Sections 307, 402, 318 and 405
of the Clean Water Act.
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 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 m of the pollutant discharged over the day
. For pollutants with limitations
expressed in other units of measurements, the "daily discharge" is calculated as the average
measurement of the pollutant over the day .
Maximum Daily Discharge Limitation (daily maximum) means the highest allowable daily
discharge .
Average Monthly Discharge Limitation 130 day a eragal means the highest allowable
average of daily discharges over a calendar month, calculated as the sum of all daily
discharges measured during a calendar month divided by the number of daily discharges
measured during the, month .
Average Weekly Discharge Limitation (7 day average] means the highest allowable
average of daily discharges over a calendar week, calculated as the sum of all daily discharges
sawed during a calendar week divided by the number of daily discharges measured during
that week .
Beat Management Practices iBMPS) means schedules of activities, prohibitions of
practices, maintenance procedures, and other management practices to prevent or reduce the
pollution of waters of the State. BMPs also include treatment requirements, operating
procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste
disposal. or drainage from raw material storage
.
Aliquot means a sample of specified volume used to make up a total composite sample,
Or" Sample means an individual sample of at least I00 millilitees collected at a randomly .
selected time over a period not exceeding 15 minutes .
24 Hour Composite Sample means a combination of at Nast 8 sample aliquots of at least
100 milliliten, collected at periodic intervals during the operating hours of a facility over a 24'
hour paned,
8 Her Composite Sample means a combination of at West 3 sample aliquots of at least t00
milliliters, collected at penodlc intervals during the operating hours of a facility over an B-hour
permit.
Flow Proportional Composite Sample means a combination of sample aliquots of at least
i GO miMditees collected at periodic intervals such that either the time interval between each
aliquot or the volume of each aliquot is proportional to either the stream flow at
he
time of
sampling or the total stream flow since the collection of the previous aliquot .
Duty to comply The permittee must comply with all conditions of this permit.
Any permit noncompliance constitutes a violation of par Act and is grounds for
enforcement action, permit lamination
. revocation and reissuance, modification,
or for denial of a permit renewal application. The permiuee shall comply with
effluent standards or prohibitions established under Section 3071 .1 of the Clean
Water Act for toxic pollutants within the lime provided in the regulations that
establish these standards or
prohibitions,
even if the permit has not yet bean
modified to incorporate the requirement
.
111
(2) Duty
to
reapply
. If the permittee wishes to continue an activity regulated by this
permit after the expiration date of this permit the permittee must
apply
for and
obtain a new permit . If the tie
.,it. submits a proper application as required by
the Agency no later than 180 days prior
to the explosion date, this permit shall
continue m full force and effect until the final Agency decision on the application
hea been made.
131
Need to halt t reduce activity net a defense, It shall not be a defense for a
removal in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order
to maintain compliance with the conditions
of this permit.
14)
Duty to mitigate. The permittee shall take all reasonable steps to minimize or
prevent any discharge in violation of this permit which he . a reasodebts likelihood
of adversely affecting human health or the environnsent .
(51 Proper aperatbn and maintenance . The permiuee shall at an times property
operate and meintain all facilities and Systems of treatment and conbol land
related appunenencesl which are installed o used by the permittee to achieve
compliance with the conditions of this permit Proper operation and maintenance
includes effective performance, adequate funding, adequate operator stiffing and
training, and adequate laboratory and process controls, including appropriate
quality assurance pocedures . This provision requires the operation of back-up, or
usiuery facilities,
similar systems only when necessary to achieve
compliance with the conditions of the permit .
PRINTED ON RECYCLED
PAPEP
110 permit action .. This permit may be modified, revoked and reissued, or terminated
for cause by the Agency pursuant to 40 CFO 122 62. The filing of a request by the
permiuee for a permit modification, revocation and reissuanceu o r nation . or
notdicallon of planned changes
of anticipated noncompliance, does not stay any
pormlt condition
(7)
Property rights This permit does not convey any property rights of any son, or
any axclusrve privilege
(BI
Duty to provide information . The permiuee shall tarnish to the Agency within a
sable time, any information which the Agency may request to determine
whether c ,ma .
Isis fnr modiyrng king and r
inq, or lermmating this
permit, nrtodetermine compliance with the permit The pernnlee shall also
furnish to the Agency, upon request, copies of records required to be kept by this
permit.
(91 Inspection and entry . The permittee shall allow an authorized representative of
the Agency, upon the presentation of credentials and other documents as may be
required by Is .. to'.
(a)
Enter upon the permitt ee 's premises w here a regula te d facility or activity i s
located or conducted, or where records must Us kept under the conditions
bfthis permit,
Have access to and copy, at reasonable timess any
records that must be
kept under the conditions of this permit,
(b)
Icl
Inspect at reasonable times any facilities, equipment (including monitoring
and control equipment(, practices, o operations regulated or required
under this permit, and
fell
Sample or monitor
.11 asonable limes, for the purpose of assuring permit
compliance, o as otherwise authorized by the Act, any substances or
parameters at any location.
110) Monitoring end records .
let
Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity,
(b)
The permittee shall retain records of all monitoring information, including
all calibration end maintenance records, and all original strip chart
recording
. for continuous monitoring instrumentation, copies of an reports
required by this permit, and records of all data used to complete the
application for this permit, for a period of at least 3 years from the date of
this permit, measurement report a application . This perod may be
extended by Mideast of the Agency at any time .
Id
Records of monitoring information shall include :
(11
The date, exact place, and time of sampling or measurements
:
121
The individualls) who performed the sampling or measurements :
131
The dated analyses were
barri caded,
(4)
The individuals; who performed the analyses ;
(5) The analytical techniques or methods used
: and
(6)
The results of such analyses .
Idl Monitoring must be conducted according to test procedures approved
under 40 CFR Pan 136, unless other test procedures have been specified
in this perm8 . Where no test procedure under 40 CFR Part 136 as bean
approved, the permittee must submit to In. Agency a test method for
approval
. The permittee shall calibrate and perform maintenance
procedures on all monitoring and analytical instrumentation at intervals to
ensure accuracy of measurements,
111) Signatory requirement All applications, reports or information submitted to the
Agency shall be signed and certified.
tat
Application. AB permit applications shall be signed as follows :
(1) Far a corporation : by a principal executive officer of at least the
level of vice president or a person or position having overall
responsibility for environmental matters for the corporation ;
121 For a partaunhip a axis proprietorship
: by a general partner or
the poprietor, respectively
: or
(3) For a municipality, State. Federal, or
SM
., public agency
: by
either a principal executive officer or ranking elected official .
Reports
. All reports required by permits, or other information requested by
the Agency shall be signed by a person described in paragraph let or by a
duly authorized representative of that
person. A person is a duly authorized
representative only if
:
ill The authorization is made in verging by a person described In
paragraph la)
; and
12) The authorization specifies either an individual or a position
responsible for the overall operation of the facility, from which the
discharge originates such as a plant manager, superintendent or
person of equivalent responbility, and
131
The written authorization rs submitted to the Agency .
Ile
Id
Changes of Avon orization If an authorization under (b) . . no imp.,
accurate because a different individual or position has responsibility for the
overall operation of the facility,
a now Authorization satin tying the
requirements of lot
must be submitted to the Agency prior to or together
with any reports Information, or applications to be agreed by an authorized
representative
112) Reporting requirement.
a
lal
Planned changes 1 hr )e mittre shall pire notice 10 the A gency ,35 soon
s as possible of any planned physical alterations or additions 10 the
permitted facility
01 Anticipated noncompliance . The yvrmitlee shall give advance notice to
the Agency of any planned changes in the permmed taatiry or activity
which may result at noncompliance with permit reauonalis ts .
Ic)
Compliance schedules. Reports of compliance or noncompliance with . or
any progress reports o interim and final requirements contained in any
compliance schedule of this permit shall be submitted no later than 14
days following each schedule dote .
(0)
Monitoring reports
. Monitoring results shell be reported at the intervals
specified elsewhere in this permit .
(1)
Monitoring results must he reported on a Discharge Monitoring
Report IDMRI .
121 It the permittee monitors any
pollutant more frequently than
required by the permit, using test procedures approved under 40
CFR 136 or as specified on the permit, the results or this monitoring
shall be included in the calculation and reporting of the data
submitted in the DMR .
(3) Calculations for all limitations which require averaging of
measurements shall utilize a arithmetic mean unless otherwise
specified by the Agency in the permit
.
(e) twenty-four hour reporting The permit,** shall report any
noncompliance which may endanger health or in* environment . Any
information shell be provided orally within 24 hours from the time the
perminee becomes aware of the circumstances . A wnilen submission shall
also be provided within 5 days of the time the perminee becomes aware of
the circumstances. The written submission shall contain a description of
the noncompliance and its cause; the period of noncompliance, including
exact came and times, and if the noncompliance has not been corected,
the anucipaed time it is expected to continue ; and steps taken or planned
to reduce
. eliminate, and prevent reoccurrence of Me noncompliance . The
following shall be included as information which must be reported within
24 hours :
(1)
Any unanticipated bypass which exceeds any effluent limitation in
the permit
;
121 Violation of a maximum daily discharge limitation for any of the
pollutants listed by the Agency on the permit to be reported within
24 hours;
The Agency may waive the written report on a case-by-case basis if the
oral report has been received within 24 hours.
III Other m ompliance . The perm4Me shall report all instance, of
noncompliance not reported under paragraphs 1121(cl . Id), or l ei . al the
time monitoring reports am submitted . The reports shall contain the
Information listed in paragraph 112)1e1 .
Other information . Where the permalee becom e s aware that it failed to
submit any relevant facts in a permit application, o submitted incorrect
information in a permit application . or in any report to the Agency, it shall
promptly submit such facts or information .
IS)
(13) Transfer of permits. A permit may be automatically transferred to a new
"impose of
lal
The current permittee notifies the Agency at least 30 days in advance of
the proposed transfer dale :
lot The notice includes a written agreement between the sabnng and n
moodiness containing a specific date for transfer of permit responsibility .
coverage and liability between the current end new pallbearer add
The Agency does not notify the existing
perminee
and the proposed new
mrmlttee of its intent to modify or revoke and reissue the hermit, If this
notice is not received the transfer is effective on the date specified in the
agreement.
1141 M manufacturing, commercial mining, and silvicullwal dachegers must worry
the Agency as soon as they know or have
meson
to believe :
let
That any activity has occurred o will Occur which would result in the
discharge of any Idea, pollutant identified under Section 307 of the Clean
Water Act which Ia not limited in the permit, if that dschage will exceed
Me highest of the following notification leveler
(1) One hundred mkmgrems per liter 1100 Oil
121 Two hundred m1crograms per 'par 1200 tag/II for acrolein end
acrylomtnb : five hundred micrograms her Mar 1500 ug/II for 24-
dmltrophenol and for 2-methyl-4,5-drnitrophenali and one milligram
poi her 11 mg/II for entirmny,
131
five (5) times the maximum concentration value reported for that
pollutant in the NPDESpermit application
; or
141
The level established by the Agency in this permit .
Ib) That they have begun o expect to begin to use or manufacture as en
intermediate or final product or byproduct any toxic pollutant which was
not reported in me NPOES permit application .
(15) All Publicly Owned Treatment Works IPOTWsl must provide adequate notice to
Me Agency of the following
W) Any new introduction of pollutants and then POTW from a Indirect
discharger which would be subject to Sections 301 or 306 of the Clean
Water Act if it were directly discharging those pollutants : and
() My subtwttM change in floor volume or character of pollutants been,
introduced into that POTW by a source introducing pollutants into the
POT W It M• time of issuance of the permit.
fd For purposes of Mis parepraph, adequate notice shall include information
on Ii) the quality and quantity of effluent introduced into the POTW, and fill
any anticipated impact of the change on the quantity or quality of effluent
to be discharged from the POTW .
(16)
It the permit is issued to a publicly owned or
publicly
regulated treatment works.
the permittee shall require any industnat user of such treatment works to comply
.In federal requirements concemieg :
Ii)
User changes ytvatnrn to Section 2041b1 of the Clam Wow Act and
applicable regulatiom
.,"arm, an
40 CFR 36 ;
(2)
Toxic pollutant effluent standards end pretreatment standards pursuant to
Section 307 of the Clean Water Act : and
Inspection, monitoring and entry pursuant to Section 300 of the Clean
Water Act .
(31
117) If an applicable sanded or limitation is promulgated under Section 301(b)l211C)
end (D), 3041b112), a 301 and that effluent standard or limitation is more
stringent then am effluent limitation in the permit o controls a pollutant not
limited in the permit the permit shag be promptly modified or revoked . and
reissued to conform to Ma effluent standard err limitation .
(181 Any authorization to carbide" issued to the permMee pursuant to 35 III . Adm
.
Code, 309 .154 is hereby incorporated by reference S a condition of this permit .
(19)
The perminee shag not make any false alltement representation or certification at
any epplketion . record, report, plan or other document submitted to the Agency or
the USEPA. or required to be maintained under this permit .
(20) This Clean Water Act provides that any peraon w
no
violate .
armed
condition
impsmmtinp Sections 301, 302, 306 . 307, 308 .318. or 406 oft Cases WSW
Act is Subject to a civil penalty not to exceed $10.000 per day of such violation.
Any person who willfully or negligently violate permit conditions implementing
Sections 301, 302, 308, 307, w 308 drops Clean Water Act iss subject to a fine
of tot less than $2,500. nor more then $25,000 per day of violation, or by
imprisonment for hit more Man one yew, or both.
(21) The Clean Water Act provides that any person who lalsiftes . tampers with, or
knowingly ragas Inaccurate any monitoring device or method required to b
maintained under permit shell, upon
conviction, be punished by a fine of not more
then 610.000
par violation. m by imprisonment for not mere than 6 months per
volition, or by both .
(22)
The Clean Water Act provides that any person who knowingly makes any false
stalement represemation, or certification in any record or other document
submitted or required to b maintained under this permit shelf loading
monitoring reports or reports of compliance or non-compliance shalt upon
conviction, be punished by a fine of but more than $10,000 per violation
. w by
imprisonment for not more than 6 months per violation or by both
.
1231 Cofeotad screening, slums . sledges
. and other wide marital deposed of in such
a mane as to prevent entry of those wastes (IS runoff from the wastes) into
waters of the Slate. That proper authorization for such disposal shall be obtained
from the Agency end is Incorporated as pert hereof by reference
.
124) In c . of conflict
between Met standard conditions and any other condition bl
Included in this permit the other condlton/a) shot govern .
(25)
The panoramas shall comply with, in addition to the requirements of the permit . all
applicable provyor of 35 Ill Adm Cods
. Subtitle C. Subtib Do Submit F add all
applicable orders of the Soad .
128) The provisions of this permit are severxble, and if any provision of this permit . or
the application of all provision of this permit is held invalid, that remaining
provisions of this permit ,reef eonuesa in tog force and effect
Ill
12.1 .161
