STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

PAUL R. LEPAGE
GOVERNOR PATRICIA W. AHO COMMISSIONER 

### June 7, 2012

Ms. Annaleis Hafford P.O. Box 679 Winterport, ME 04496 annaleis@olverassociatesinc.com Transmitted via electronic mail Delivery confirmation requested 

### RE: Maine Pollutant Discharge Elimination System (MEPDES) Permit #ME0102765 Maine Waste Discharge License (WDL) #W002375-5D-D-R Finalized MEPDES Permit Renewal Dear Ms. Hafford: Enclosed, please find a copy of your final MEPDES permit and Maine WDL, which was approved by the Department of Environmental Protection. Please read the permit/license and its attached conditions carefully. You must follow the conditions in the order to satisfy the requirements of law, Any discharge not receiving adequate treatment is in violation of State law and is subject to enforcement action. Any interested person aggrieved by a Department determination made pursuant to applicable regulations, may appeal the decision following the procedures described in the attached DEP FACT SHEET entitled "Appealing a Commissioner's Licensing Decision." If you have any questions regarding the matter, please feel free to contact me. Sincerely, 

# s rtm 

# 3A,A,L4(

Bill Hinkel Division of Water Quality Management Bureau of Land and Water Quality bill.hinkel@maine.gov ph: 207.485.2281 Enc. ec: Bill Johnson, MeDEP Lori Mitchell, MeDEP Sandy Mojica, USEPA

AUGUSTA 17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK (207) 287-7688 FAX: (207) 287-7826 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04679-2094 RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 622-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143 web site: www.maine.govideis'STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION 17 STATE HOUSE STATION AUGUSTA, MAINE 04333-0017

DEPARTMENT ORDER



### IN THE MATTER OF
CALAIS SCHOOL DEPARTMENT OVERBOARD DISCHARGE CALAIS, WASHINGTON COUNTY, MAINE #ME0102765 #W002375-5D-D-R APPROVAL MAINE POLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT

AND WASTE DISCHARGE LICENSE

RENEWAL Pursuant to the provisions of the Federal Water Pollution Control Act, Title 33 USC, §1251, Conditions of licenses, 38 M.R.S.A. § 414-A, and applicable regulations, the Department of Environmental Protection (Department) has considered the application of the CALAIS SCHOOL DEPARTMENT (CSD or permittee) with its supportive data, agency review comments, and other related materials on file and other related materials on file and FINDS THE FOLLOWING FACTS: APPLICATION SUMMARY The CSD has applied to the Department for the renewal of combination Maine Waste Discharge License (WDL) #W002375-5E-C-R / Maine Pollutant Discharge Elimination System (MEPDES) permit #ME0102765, which was issued by the Department on January 22, 2007, and expired on January 22, 2012. The January 22, 2007 permit authorized the daily maximum discharge of 13,000 gallons per day (GPD) of secondary treated sanitary wastewater from the CSD wastewater treatment system to the Saint Croix River, Class SC, in Calais, Maine. PERMIT SUMMARY This permitting action is similar to the January 22, 2007 permitting action in that it is carrying forward the:
1. Daily maximum discharge flow limit of 13,000 GPD; 2. Monthly average, weekly average and daily maximum concentration and mass limits for biochemical oxygen demand (BOD 5 ) and total suspended solids (TSS); 3. Requirement for a minimum of 85% removal of BOD 5 and TSS; 4. Daily maximum concentration limit for settleable solids of 0.3 ml/L; 5. Daily maximum concentration limit of 1.0 mg/L for total residual chlorine (TRC); 6. Daily maximum and monthly average concentration limitations of 50 colonies/100 ml and 15 colonies/100 ml, respectively, for fecal coliform bacteria; and 7. A pH range limitation of 6.0 — 9.0 standard units. This permitting action is different from the January 22, 2007 permitting action in that it is:
1. Establishing Special Condition H, 06-096 CMR 530(2)(D)(4) Statement for Reduced /Waived Toxics Testing, for waived taxies testing; and 2. Revising the minimum monitoring frequency requirements for settleable solids, fecal coliform bacteria, TRC, and pH to once per month during the period of September through June of each year.04E0102765 PERMIT PAGE 2 OF 9

#\V002375-5 D-D-R

CONCLUSIONS BASED on the findings summarized in the attached Fact Sheet dated June 6, 2012, and subject to the Conditions listed below, the Department makes the following conclusions:
1. The discharge, either by itself or in combination with other discharges, will not lower the quality of any classified body of water below such classification.
2. The discharge, either by itself or in combination with other discharges, will not lower the quality of any unclassified body of water below the classification which the Department expects to adopt in accordance with state law.
3. The provisions of the State's antidegradation policy, 38 M.R.S.A. §464(4)(F), will be met, in that: (a) Existing in-stream water uses and the level of water quality necessary to protect and maintain those existing uses will be maintained and protected; (b) Where high quality waters of the State constitute an outstanding national resource, that water quality will be maintained and protected; (c) The standards of classification of the receiving water body are met or, where the standards of classification of the receiving water body are not met, the discharge will not cause or contribute to the failure of the water body to meet the standards of classification; (d) Where the actual quality of any classified receiving water body exceeds the minimum standards of the next highest classification that higher water quality will be maintained and protected; and (e) Where a discharge will result in lowering the existing water quality of any water body, the Department has made the finding, following opportunity for public participation, that this action is necessary to achieve important economic or social benefits to the State. 4. The discharge will be subject to effluent limitations that require application of best practicable treatment as defined in 38 M.R.S.A. § 414-A(1)(D).J

BY: ( 4. for PA ICIA W. A



### State of Maine Board of Environmental Protection 0, Commissioner #ME0102765 PERMIT PAGE 3 OF 9 #W002375-5D-D-R ACTION THEREFORE, the Department APPROVES the above noted application of the CALAIS SCHOOL DEPARTMENT to discharge a daily maximum flow of 13,000 gallons per day of secondary treated sanitary wastewater from the CSD wastewater treatment system to the Saint Croix River, Class SC, in Calais, Maine, SUBJECT TO THE ATTACHED CONDITIONS, and all applicable standards and regulations including: "Maine Pollutant Discharge Elimination System Permit Standard Conditions Applicable To All Permits," revised July 1, 2002, copy attached.
2 The attached Special Conditions, including any effluent limitations and monitoring requirements.
3. This permit and the authorization to discharge become effective upon the date of signature below and expire at midnight five (5) years from the effective date. If a renewal application is timely submitted and accepted as complete for processing prior to the expiration of this permit, the authorization to discharge and the terms and conditions of this permit and all modifications and minor revisions thereto remain in effect until a final Department decision on the renewal application becomes effective. [Maine Administrative Procedure Act, 5 M.R.S.A. § 10002 and Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 CMR 2(21)(A) (effective April 1, 2003)]

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES.



## f (k DONE AND DATED AT AUGUSTA, MAINE, THIS 7 — DAY OF , 2012.
DEPARTMENT OF ENVIRONMENTAL PROTECTION

Date filed with Board of Environmental Protection

Date of initial receipt of application: January 18, 2012 Date of application acceptance: January 18, 2012 This Order prepared by Bill Hinkel, BUREAU OF LAND & WATER QUALITY

### #ME0102765 PERMIT PAGE 4 OF 9 #W002375-5D-D-R SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

### 1. The permittee is authorized to discharge secondary treated sanitary wastewater via 

### Outfall #001A to the Saint Croix River. Such discharges shall be limited and monitored by the permittee as specified below ( ' ) : Minimum Effluent Characteristic Discharge Limitations Monitoring Requirements Monthly Weekly Daily Monthly Weekly Daily Measurement Sample Average Average Maximum Average Average Maximum Frequency Type as specified as specified as specified as specified as specified as specified as specified as specified Flow

-- 

### 13,000

_

-- 150050] 

### GPD [07] 

### -- _ 1/Month [01/30] 

### Estimated

[ES] BOD 5 [00310] 

### 3.3 lbs./day [26] 

### 4.9 lbs./day

[26] 

### 5.4 Ibs./day

[26] 

### 30 mg/L

119] 

### 45 mg/L

[19] 

### 50 ing/L

[19] 

### 1/Month

[01/30] 

### Grab

[GR] ROD 5 % Removal

(2) [81010] 

### ___ __ __ _ 85% [23] 

### _ __ 1/Month [01/307 

### Calculate

[CA] TSS [00530] 

### 3.3 lbs./day [26] 

### 4.9 lbs./day

[26] 

### 5.4 lbs./day

126] 

### 30 mg/L

(19] 

### 45 mg/L

[19] 

### 50 mg/L

[19] 

### 1/Month

[01/30] 

### Grab

[GR] [81011] TSS % Removalm 

### 85%

-- — _ [23] 

### _ ___ 1/Month [01/30] 

### Calculate

[CA] Settleable Solids

.. [00545/ 

### „ -- — 0.3 ml/L f25] 

### 1/Month

[01/30/ 

### Grab

[GR] Fecal Coliform Bacteria (3) [31616/ May 15-Sept. 30 -- -- -- - 

### 15/100 m1 (4) (13] 50/100 ml [1.3

. 1 

### 1/Month



### 1

- 01/30] 

### Grab

[GR] Total Residual Chlorine(5)


### — [50060/ 

### — -- — 1.0 mg/L (19] 

### 1/Month

[01/30] 

### Grab

[GR] [00400] 

### -- pH 

### __6.0
- -- - --9.0 SU [12] 

### 1/Month

[01/30] 

### Grab

[GR] The italicized 

### numeric values bracketed in the table and in subsequent text are code numbers that Department personnel utilize to code the monthly Discharge 

### Monitoring Reports. FOOTNOTES: See Pages 5-6 of this permit for applicable footnotes.IA4E0102765 PERMIT PAGE 5 OF 9

#W002375-5D-D-R 

### SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd)
FOOTNOTES: I. Sampling — Sampling and analysis must be conducted in accordance with; a) methods approved in Title 40 Code of Federal Regulations (40 CFR) Part 136, b) alternative methods approved by the Department in accordance with the procedures in 40 CFR Part 136, or c) as otherwise specified by the Department. Samples that are sent out for analysis shall be analyzed by a laboratory certified by the State of Maine's Department of Health and Human Services. Samples that are sent to another POTW licensed pursuant to Waste discharge licenses, 38 M.R.S.A. § 413 are subject to the provisions and restrictions of the Maine Comprehensive and Limited Environmental Laboratory Certification Rules, 10-144 CMR 263 (last amended February 13, 2000). Laboratory facilities that analyze compliance samples in-house are subject to the provisions and restrictions of 10-144 CMR 263. All analytical test results shall be reported to the Department including results which are detected below the respective reporting limits (RLs) specified by the Department or as specified by other approved test methods. If a non-detect analytical test result is below the respective RL, the concentration result shall be reported as <Y where Y is the RL achieved by the laboratory for each respective parameter. Reporting a value of <Y that is greater than an established RL or reporting an estimated value ("J" flagged) is not acceptable and will be rejected by the Department. Reporting analytical data and its use in calculations must follow established Department guidelines specified in this permit or in available Department guidance documents.
2. Percent Removal — The treatment facility shall maintain a minimum of 85 percent removal of both biochemical oxygen demand and total suspended solids for all flows receiving secondary treatment. The percent removal shall be calculated based on assumed BOD 5 and TSS influent values of 286 mg/L and actual effluent concentration values, unless otherwise specified by the Department in writing.
3. Bacteria Limits — Fecal coliform bacteria limits and monitoring requirements are seasonal and apply between May 15 and September 30 of each year. The Department reserves the right to require year-round bacteria limits to protect the health, safety and welfare of the public.
4. Bacteria Reporting — The monthly average fecal coliforrn bacteria limitation is a geometric mean limitation and sample results shall be reported as such.
5. TRC Monitoring — Limitations and monitoring requirements are in effect any time elemental chlorine or chlorine-based compounds are utilized to disinfect the discharge(s). The permittee shall utilize a USEPA-approved test method capable of bracketing the TRC limitations specified in this permitting action.#ME0102765 PERMIT PAGE 6 OF 9

#W002375-5D-D-R SPECIAL CONDITIONS
B. NARRATIVE EFFLUENT LIMITATIONS
1. The effluent shall not contain a visible oil sheen, foam or floating solids at any time which would impair the usages designated for the classification of the receiving waters.
2. The effluent shall not contain materials in concentrations or combinations which are hazardous or toxic to aquatic life, or which would impair the usages designated for the classification of the receiving waters.
3. The discharge shall not cause visible discoloration or turbidity in the receiving waters which would impair the usages designated for the classification of the receiving waters.
4. Notwithstanding specific conditions of this permit, the effluent must not lower the quality of any classified body of water below such classification, or lower the existing quality of any body of water if the existing quality is higher than the classification. C. PAYMENT OF FEES Annual waste discharge license fees, 38 M.R.S.A. § 353-B requires the permittee to pay an applicable annual fee for discharges authorized by this permit. The Department may pursue enforcement, including, but not limited to, penalties pursuant to Organization and powers, 38 M.R.S.A. § 349, and suspension or revocation pursuant to Board Responsibilities and Duties, 38 M.R.S.A. § 341-D(3), for the failure of a permittee to pay any portion of permitting fees owed by the date due.
D. TREATMENT PLANT OPERATOR The person who has the management responsibility over the treatment facility must hold a Grade II certificate (or higher) or must be a Maine Registered Professional Engineer pursuant to Sewerage Treatment Operators, 32 M.R.S.A. §§ 4171-4182 and Regulations for Wastewater Operator Certification, 06-096 CMR 531 (effective May 8, 2006). All proposed contracts for facility operation by any person must be approved by the Department before the permittee may engage the services of the contract operator. E. AUTHORIZED DISCHARGES The permittee is authorized to discharge only in accordance with: 1) the permittee's General Application for Waste Discharge Permit, accepted for processing on January 18, 2012; 2) the terms and conditions of this permit; and 3) only from Outfall #001A. Discharges of wastewater from any other point source are not authorized under this permit, and shall be reported in accordance with Standard Condition B(5)(Bypass) of this permit.#ME0102765 PERMIT PAGE 7 OF 9

#W002375-5D-D-R 

### SPECIAL CONDITIONS F. MONITORING AND REPORTING Monitoring results obtained during the previous month must be summarized for each month and reported on separate Discharge Monitoring Report (DMR) forms provided by the Department and postmarked on or before the thirteenth (13 th ) day of the month or handdelivered to a Department Regional Office such that the DMRs are received by the Department on or before the fifteenth (15 th ) 

### day of the month following the completed reporting period. A signed copy of the DMR and all other reports required herein must be submitted to the following address:

Maine Department of Environmental Protection Bureau of Land and Water Quality Division of Water Quality Management Overboard Discharge Inspector 17 State House Station Augusta, ME 04333-0017 Alternatively, if you are submitting an electronic DMR (eDMR), the completed eDMR must be electronically submitted to the Department by a facility authorized DMR Signatory not later than close of business on the 15 th day of the month following the completed reporting period. Hard copy documentation submitted in support of the eDMR must be postmarked on or before the thirteenth (13 th ) day of the month or hand-delivered to the Department's Regional Office such that it is received by the Department on or before the fifteenth (15 th ) day of the month following the completed reporting period. Electronic documentation in support of the eDMR must be submitted not later than close of business on the 15 th day of the month following the completed reporting period.
G. NOTIFICATION REQUIREMENT In accordance with Standard Condition D, the permittee shall notify the Department of the following.
1. Any substantial change in the volume or character of pollutants being introduced into the wastewater collection and treatment system. For the purposes of this condition, notice regarding substantial change shall include information on: (a) the quality and quantity of wastewater introduced to the wastewater collection and _treatment system; and (b) any anticipated impact caused by the change in the quantity or quality of the wastewater to be discharged from the treatment system.#ME0102765 PERMIT PAGE 8 OF 9

#W002375-5D-D-R SPECIAL CONDITIONS H. 06-096 CMR 530(2)(D)(4) STATEMENT FOR REDUCED/WAIVED TOXICS TESTING By December 31 of each calendar year, the permittee shall provide the Department with a certification describing any of the following that have occurred since the effective date of this permit [PCS Code 95799]. See Attachment A of the Fact Sheet for an acceptable certification form to satisfy this Special Condition. (a) Changes in the number or types of non-domestic wastes contributed directly or indirectly to the wastewater treatment works that may increase the toxicity of the discharge; - (b) Changes in the operation of the treatment works that may increase the toxicity of the discharge; and (c) Changes in industrial manufacturing processes contributing wastewater to the treatment works that may increase the toxicity of the discharge. The Department may require that annual testing be re-instituted if it determines that there have been changes in the character of the discharge or if annual certifications described above are not submitted. I. OPERATION & MAINTENANCE (O&M) PLAN This facility shall have a current written comprehensive Operation & Maintenance (O&M) Plan. The plan shall provide a systematic approach by which the permittee shall at all times, properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. By December 31 of each year, or within 90 days of any process changes or minor equipment upgrades, the permittee shall evaluate and modify the O&M Plan including site plan(s) and schematic(s) for the waste water treatment facility to ensure that it is up-to-date. The O&M Plan shall be kept on-site at all times and made available to Department and EPA personnel upon request. Within 90 days of completion of new and or substantial upgrades of the waste water treatment facility, the permittee shall submit the updated O&M Plan to their Department inspector for review and comment,#ME0102765 PERMIT PAGE 9 OF 9

#W002375-5D-D-R SPECIAL CONDITIONS
J. REOPENING OF PERMIT FOR MODIFICATIONS Upon evaluation of the tests results or monitoring requirements specified in the Special Conditions of this permitting action, new site-specific information, or any other pertinent test results or information obtained during the term of this permit, the Department may, at any time and with notice to the permittee, modify this permit to; 1) include effluent limits necessary to control specific pollutants or whole effluent toxicity where there is a reasonable potential that the effluent may cause water quality criteria to be exceeded, (2) require additional effluent and or ambient water quality monitoring if results on file are inconclusive; or (3) change monitoring requirements or limitations based on new information.
K. SEVERABILITY In the event that any provision(s), or part thereof, of this permit is declared to be unlawful by a reviewing court, the remainder of the permit shall remain in full force and effect, and shall be construed and enforced in all aspects as if such unlawful provision, or part thereof, had been omitted, unless otherwise ordered by the court.

### MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT AND WASTE DISCHARGE LICENSE

FACT SHEET
DATE: JUNE 6, 2012
MEPDES PERMIT: #ME0102765 WASTE DISCHARGE LICENSE: #W002375-5D-D-R
NAME AND ADDRESS OF APPLICANT: CALMS SCHOOL DEPARTMENT 32 BLUE DEVIL HILL ROAD CALMS, MAINE 04619 COUNTY: WASHINGTON
NAME AND ADDRESS WHERE DISCHARGE OCCURS: CALMS SCHOOL DEPARTMENT 32 BLUE DEVIL HILL ROAD CALAIS, MAINE 04619 RECEIVING WATER / CLASSIFICATION: ST. CROIX RIVER/CLASS SC
COGNIZANT OFFICIAL AND TELEPHONE NUMBER: MS. ANNALEIS HAFFORD, P.E. OLVER ASSOCIATES, INC. (207) 223-2232 annaleisAolverassociatesinc.com
1. APPLICATION SUMMARY a. Application: The Calais School Department (CSD or permittee) has applied to the Department of Environmental Protection (Department) for the renewal of combination Maine Waste Discharge License (WDL) #W002375-5E-C-R I Maine Pollutant Discharge Elimination System (MEPDES) permit #ME0102765, which was issued by the Department on January 22, 2007, and expired on January 22, 2012. The January 22, 2007 permit authorized the daily maximum discharge of 13,000 gallons per day (GPD) of secondary treated sanitary wastewater from the CSD wastewater treatment system to the Saint Croix River, Class SC, in Calais, Maine.#ME0102765 FACT SHEET PAGE 2 OF 10

#W002375-5D-D-R



### 2. PERMIT SUMMARY a. Terms and conditions; This permitting action is similar to the January 22, 2007 permitting action in that it is carrying forward the:
1. Daily maximum discharge flow limit of 13,000 GPD; 2. Monthly average, weekly average and daily maximum concentration and mass limits for biochemical oxygen demand (BOD 5 ) and total suspended solids (TSS); 3. Requirement for a minimum of 85% removal of BOD 5 and TSS; 4. Daily maximum concentration limit for settleable solids of 0.3 ml/L; 5. Daily maximum concentration limit of 1.0 mg/L for total residual chlorine (TRC); 6. Daily maximum and monthly average concentration limitations of 50 colonies/100 ml and 15 colonies/100 ml, respectively, for fecal coliform bacteria; 7. A pH range limitation of 6.0 — 9.0 standard units. This permitting action is different from the January 22, 2007 permitting action in that it is:
1. Establishing Special Condition H, 06-096 CMR 530(2)(D)(4) Statement for Reduced /Waived Toxics Testing, for waived taxies testing; and 2. Revising the minimum monitoring frequency requirements for settleable solids, fecal coliform bacteria, TRC, and pH to once per month during the period of September through June of each year.
b. History: This section provides a summary of significant licensing/permitting actions that have been completed for the CSD facility. April 8, 1993 — The U.S. Environmental Protection Agency (USEPA) issued National Pollutant Discharge Elimination System (NPDES) permit #MEU502375 to the CSD for a five-year term. January 12, 2001 — The Department received authorization from the USEPA to administer the NPDES permit program in Maine, excluding areas of special interest to Maine Indian Tribes. From that point forward, the program has been referred to as the MEPDES program, and MEPDES permit #ME0102765 has been utilized as the primary reference number for the CSD wastewater treatment facility. January 22, 2007 — The Department issued combination WDL/MEPDES permit #W002375-5E-C-MME0102765 to the CSD for a five-year term. The January 22, 2007 permit superseded the April 8, 1993 NPDES permit, WDL #W002375-ZC-B-R issued on December 14, 1995 for a ten-year term, WDL #W2375 issued on October 4, 1983 for a five-year term, WDL #W2375 issued on August 25, 1978, and WDL #743 issued on July 9, 1975. January 18, 2012 — The CSD submitted a timely and complete General Application to the Department for renewal of the January 22, 2007 MEPDES permit, The application was accepted for processing on January 18, 2012, and was assigned WDL #W002375-5D-D-R / MEPDES #ME0102765.#N1E0102765 FACT SHEET PAGE 3 OF 10

#W002375-5D-D-R 

### 2. PERMIT SUMMARY (cont'd)

c. Source Description: Sanitary wastewaters are generated from the Calais High School which serves a maximum of 356 students and 42 staff. A map created by the Department showing the location of the facility and receiving water is included as Attachment A of this Fact Sheet.
d. Wastewater Treatment: The wastewater currently receives primary treatment from a 13,000-gallon septic tank and secondary treatment from a 16,000 square foot sand filter bed with chlorine disinfection. The treated wastewater is discharged into the receiving waterbody via a six-inch diameter outfall pipe shared with Washington County Technical Center. The outfall pipe has approximately two feet of water over the crown of the pipe at mean low water.
3. CONDITIONS OF PERMITS Conditions of licenses, 38 M.R.S.A. § 414-A, requires that the effluent limitations prescribed for discharges, including, but not limited to, effluent toxicity, require application of best practicable treatment (BPT), be consistent with the U.S. Clean Water Act, and ensure that the receiving waters attain the State water quality standards as described in Maine's Surface Water Classification System. In addition, Certain deposits and discharges prohibited, 38 M.R,S.A. § 420 and Surface Waters Toxics Control Program, 06-096 CMR 530 (effective October 9, 2005) require the regulation of toxic substances not to exceed levels set forth in Surface Water Quality Criteria for Toxic Pollutants, 06-096 CMR 584 (effective October 9, 2005), and that ensure safe levels for the discharge of toxic pollutants such that existing and designated uses of surface waters are maintained and protected. 4. RECEIVING WATER QUALITY STANDARDS Classification of estuarine and marine waters, 38 M.R.S.A. § 469(7)(B)(1) classifies the tidal waters of the St. Croix River as Class SC waters. Standards for classification of estuarine and marine waters, 38 M.R.S.A. § 465-B(2) describes the standards for Class SC waters. 5. RECEIVING WATER QUALITY CONDITIONS The State of Maine 2010 Integrated Water Quality Monitoring and Assessment Report, (Report) prepared by the Department pursuant to Sections 303(d) and 305(b) of the Federal Water Pollution Control Act, lists the St. Croix River as "Category 4-A: Estuarine and Marine Waters with Impaired Use, TMDL Completed." The Report states, "(A TMDL is complete, but there is insufficient new data to determine if attainment has been achieved. Note: Bacteria may impair either recreational uses (swimming) or shellfish consumption uses, or both. Shell fish consumption impairments only apply to waters naturally capable of supporting the shellfish-harvesting use (i.e., waters of high enough salinity for propagation of shellfish.) On September 28, 2009, the USEPA approved the Department's Maine Statewide Bacteria TMDL (Total Maximum Daily Loads), dated August 2009, for fresh, marine and estuarine waters impaired by bacteria.#ME0102765 FACT SHEET PAGE 4 OF 10

#W002375-5D-D-R 

### 5. RECEIVING WATER QUALITY CONDITIONS (cont'd) The 2010 Report states, "All estuarine and marine waters capable of supporting American lobster are listed in Category 5-D, partially supporting fishing (`shellfish' consumption) due to elevated levels of PCBs and other persistent, bioaccumulating substances in lobster tomalley." The Department has no information that the discharge from the CSD, as permitted, causes or contributes to this non-attainment status.
6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS a. Flow: The previous permitting action established, and this permitting action is carrying forward, a daily maximum discharge flow limit of 13,000 gallons per day (GPD) based on the Maine Subsurface Waste Water Disposal Rules, 10-144 CMR 241 guidelines for the number of treatment system users. The following table summarizes effluent data reported on Discharge Monitoring Reports (DMRs) for the period of January 2008 through December 2011.
Flow MRs=48 Value Limit (gpd) Range (gpd) Mean (gpd) Monthly Average 13,000 2,500 — 5,000 4,446
b. Dilution Factors: 06-096 CMR Chapter 530(4)(A)(2)(a) states that, "For discharges to the ocean, dilution must be calculated as near-field or initial dilution, or that dilution available as the effluent plume rises from the point of discharge to its trapping level, at mean low water level and slack tide for the acute exposure analysis, and at mean tide for the chronic exposure analysis using appropriate models determined by the Department such as MERGE, CORMLY or another predictive model." Based on the configuration of the outfall structure and a discharge flow limit of 13,000 GPD, dilution factors associated with the discharge are as follows:
Acute: 127.9:1 Chronic: 38,000:1 Harmonic Mean: 114,000:1

c. Biochemical Oxygen Demand (BODO and Total Suspended Solids (TSS): The previous permitting action established, and this permitting action is carrying forward, monthly average and weekly average technology-based concentration limits of 30 mg/L and 45 mg/L, respectively, for BOD 5 and TSS based on the secondary treatment requirements specified at Effluent Guidelines and Standards, 06-096 CMR 525(3)(111) (effective January 12, 2001), and a daily maximum concentration limit of 50 mg/L, which is based on a Department best professional judgment of best practicable treatment for secondary

. treated wastewater. The technology-based monthly average, weekly average and daily maximum mass limits of 3.3 lbs./day, 4.9 lbs./day and 5.4 lbs./day, respectively, established in the previous permitting action for BOD 5 and TSS are based on the discharge flow limit of 13,000 GPD and the applicable concentration limits are also being carried forward in this permitting action.04E0102765 FACT SHEET PAGE 5 OF 10

#W002375-5D-D-R 

### 6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd) A summary of the effluent BOD 5 and TSS data as reported on the DMRs submitted to the Department for the period January 2008 through December 2011 follows. It is noted that the monthly average, weekly average and daily maximum effluent values are equivalent due to the frequency of monitoring conducted by the permittee (not more frequent than once per month). BOD 5 (DMRs=48 BOD 5 Minimum Maximum Arithmetic Mean Monthly Average Weekly Average Daily Maximum 0.00 lbs./day 0.21 lbs./day 0.038 lbs./day

2 mg/L 5 mg/L 2 mg/L
TSS (DMRs=48 TSS Minimum Maximum Arithmetic Mean Monthly Average Weekly Average Daily Maximum 0.00 lbs./day 0.42 lbs./day 0.14 lbs./day

2 mg/L 10 mg/L 3.7 mg/L In consideration of compliance history with BOD 5 and TSS, this permitting action is carrying forward the minimum monitoring frequency requirement of once per month. This permitting action is also carrying forward a requirement for a minimum of 85% removal of BOD 5

and TSS pursuant to 06-096 CMR 525(3)(III)(a)(3) and (b)(3). The Calais High School wastewater treatment system does not contain an influent sampling location that is representative of raw wastewater conditions. According to the USEPA's Onsite Wastewater Treatment Systems Manual, dated February 2002, table 3-7 entitled "Constituent Mass Loadings and Concentrations in Typical Residential Wastewater" high end range of values, influent values for BOD 5 and TSS may be assumed to be 286 mg/L. Therefore, this permitting action authorizes CSD to assume an influent BOD 5

and TSS concentration value of 286 mg/L for purposes of calculating the monthly percent removal value until such time that the infrastructure is modified or replaced such that collection of a representative raw influent sample is practical. BOD % Removal (DMRs=48 Value Limit (%) Range (%) Average (%) Monthly Average 85 98 — 99 99 TSS % Removal (DMRs=48 Value Limit (%) Range (%) Average (%) Monthly Average 85 96 - 99 9804E0102765 FACT SHEET PAGE 6 OF 10

#W002375-5D-D-R 6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd)
d. Settleable Solids: The previous permitting action established, and this permitting action is carrying forward, a daily maximum concentration limit of 0.3 ml/L, which is considered by the Department as best professional judgment of best practicable treatment. A summary of the effluent settleable solids data as reported on the DMRs submitted to the Department for the period January 2008 through December 2011 (#DMRs --- 48) indicates that the facility has been in compliance with the 0.3 m 1 / 1 _, limit during each sampling event. In consideration of compliance history with settleable solids, this permitting action is revising the minimum monitoring frequency requirement of once per week during the school season of September 1 through June 30 to once per month, and is carrying forward the frequency of once per month during the off season of July 1 through August 30 of each year.

e. Fecal Coliform Bacteria: The previous permitting action established, and this permitting action is carrying forward, a daily maximum limit of 50 colonies/100 ml and a monthly average limit of 15 colonies/100 ml (geometric mean) for fecal coliform bacteria, which are consistent with the National Shellfish Sanitation Program. The bacteria limits established in this permitting action are seasonal and apply between May 15 and September 30, inclusive, of each year. However, the Department reserves the right to require year-round disinfection to protect the health, safety and welfare of the public. A review of the monthly Discharge Monitoring Report (DMR) data for the period September 2008 — September 2011 (applicable months only) indicates fecal coliform bacteria have been reported as follows:
Fecal coliform bac eria Value Limit

(co1/100 mL) Range

(co1/100 mL) Mean

(col/100 mL) #DMRs Monthly Average Daily Maximum 15 50 <1 — 2 1.05 20
In consideration of compliance history with fecal coliform bacteria, this permitting action is carrying forward the minimum monitoring frequency requirements of once per month during the period of May 15 through September 30 of each year.A1E0102765 FACT SHEET PAGE 7 OF 10

#\V002375-5D-D-R 6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd)
f. Total Residual.

Chlorine (TRC): The previous permitting action established a technology-based daily maximum concentration limit of 1.0 mg/L for TRC. Limitations on TRC are specified to ensure that ambient water quality standards are maintained and that BPT technology is being applied to the discharge. Departmentpermitting actions impose the more stringent of either a water quality-based or BPTbased limit. With dilution factors as determined above, end-of-pipe (EOP) water quality-based concentration thresholds for TRC may be calculated as follows: Calculated Acute (A) Chronic (C) A & C Acute Chronic Criterion Criterion Dilution Factors Threshold Threshold 0.013 mg/L 0.0075 mg/L 127.9:1 (A) 1.7 mg/L 285.0 mg/L 38,000:1 (C) The Department has established a daily maximum BPT limitation of 1.0 mg/L for facilities that disinfect their effluent with elemental chlorine or chlorine-based compounds. The technology-based daily maximum concentration limit of 1.0 mg/L is more stringent than either the calculated acute or chronic water quality-based thresholds and is therefore being carried forward in this permitting action. A summary of the effluent TRC data for the period January 2008 through December 2011 (applicable disinfection period only) follows.
Total residual chlorine IDMRs=21 Value Limit (mg/L) Range (mg/L) Mean (mg/L) Daily Maximum 1.0 0.12 — 1.21 0.7 It is noted that the effluent value of 1.21 mg/L for July 2009 is the only exceedence of the numeric limit for TRC. In consideration of compliance history with TRC, this permitting action is revising the minimum monitoring frequency requirement of once per week during the school season of September 1 through June 30 to once per month, and is carrying forward the frequency of once per month during the off season of July 1 through August 30 of each year. It is noted that fecal coliform bacteria limits are seasonal; however, TRC monitoring is required any time chlorine-based compounds are in use for effluent disinfection. For instances when the chlorine-based compounds have not been utilized for effluent disinfection for an entire reporting period, the permittee shall report "NODI-9" for this parameter on the monthly discharge monitoring report (DMR).#ME0102765 FACT SHEET PAGE 8 OF 10

#W002375-5D-D-R 6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd)

g. pH: The previous permitting action established, and this permitting action is carrying forward, a pH range limit of 6.0 — 9.0 standard units (SU), based on the secondary treatment requirements prescribed at 06-096 CMR 525(3)(111)(c). H (DMRs=48 Value Limit (su) Range (su) Mean (su) Minimum 6.0 5.9 — 6.3 n/a Maximum 9.0 6.0 — 6.9 n/a In consideration of compliance history with pH, this permitting action is revising the minimum monitoring frequency requirement of once per week during the school season of September 1 through June 30 to once per month, and is carrying forward the frequency of once per month during the off season of July 1 through August 30 of each year.
h. Whole Effluent Toxicity (WET) & Chemical-Specific Testing — Conditions of licenses, 38 M.R.S.A. § 414-A and Certain deposits and discharges prohibited, 38 M.R.S.A. § 420, prohibit the discharge of effluents containing substances in amounts that would cause the surface waters of the State to contain toxic substances above levels set forth in Federal Water Quality Criteria as established by the USEPA. Surface Water Toxics Control Program, 06-096 CMR 530 (effective October 9, 2005), and Surface Water Quality Criteria for Toxic Pollutants, 06-096 CMR 584 (effective October 9, 2005) set forth ambient water quality criteria (AWQC) for toxic pollutants and procedures necessary to control levels of toxic pollutants in surface waters. 06-096 CIvfR 530(2)(A) specifies the dischargers subject to the rule as: All licensed dischargers of industrial process wastewater or domestic wastes discharging to surface waters of the State must meet the testing requirements of this section. Dischargers of other types of wastewater are subject to this subsection when and if the Department determines that toxicity of effluents may have reasonable potential to cause or contribute to exceedences of narrative or numerical water quality criteria.
The rule further states: The following dischargers are exempt from testing requirements of this rule unless the Department determines that there is a need for testing based on the nature, location or circumstances of an individual discharge.#ME0102765 FACT SHEET PAGE 9 OF 10

#W002375-5D-D-R 6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS (cont'd)

(1) Discharges from individual discharge points licensed to discharge less than 50,000 gallons per day of solely domestic wastewater and with a chronic dilution factor of at least 50 to 1, provided no holding tank wastes containing chemicals are accepted by the facility; (2) Discharges from residential overboard discharge systems; or (3) Discharges from combined sewer overflow discharge points, provided the owner of the sewerage system is conducting or participating in a discharge abatement program. See Chapter 570, Combined Sewer Overflow Abatement. The CSD is permitted to discharge 13,000 GPD of solely domestic wastewater and has a chronic dilution factor of 38,000:1. Therefore, the facility qualifies for an exemption from toxics testing and this permitting action is not establishing toxics testing requirements. 06-096 CMR 530(2)(D)(4) states: All dischargers having waived or reduced testing must file statements with the Department on or before December 31 of each year describing the following. (a) Changes in the number or types of non-domestic wastes contributed directly or indirectly to the wastewater treatment works that may increase the toxicity of the discharge; (b) Changes in the operation of the treatment works that may increase the toxicity of the discharge; and (c) Changes in industrial manufacturing processes contributing wastewater to the treatment works that may increase the toxicity of the discharge. Special Condition H of the permit establishes, 06-096 CMR 530(2)(D)(4) Statement for Reduced /Waived Toxics Testing, pursuant to 06-096 CMR 530(2)(D)(4). The annual certification statement requirement is being carried forward in this permitting action. This permit provides for reconsideration of testing requirements, including the imposition of certain testing, in consideration of the nature of the wastewater discharged, existing wastewater treatment, receiving water characteristics, and results of testing.#ME0102765 FACT SHEET PAGE 10 OF 10

#W002375-5D-D-R



### 7. DISCHARGE IMPACT ON RECEIVING WATER QUALITY As permitted, the Department has determined the existing water uses will be maintained and protected and that the discharge will not cause or contribute to the failure of the Saint Croix River to meet standards for Class SC classification.
8. PUBLIC COMMENTS Public notice of this application was made in the Calais Advertiser newspaper on or about January 16, 2012. The Department receives public comments on an application until the date a final agency action is taken on the application. Those persons receiving copies of draft permits shall have at least 30 days in which to submit comments on the draft or to request a public hearing, pursuant to Application Processing Procedures for Waste Discharge Licenses, 06-096 CMR 522 (effective January 12, 2001).
9. DEPARTMENT CONTACTS Additional information concerning this permitting action may be obtained from, and written comments sent to: Bill Hinkel Division of Water Quality Management Bureau of Land & Water Quality Department of Environmental Protection 17 State House Station Augusta, Maine 04333-0017 e-mail: bill.hinkel@maine.gov Telephone: (207) 485-2281
10. RESPONSE TO COMMENTS During the period of May 4, 2012, through the issuance date of this permit, the Department solicited comments on the proposed draft Maine Pollutant Discharge Elimination System Permit to be issued to the Calais School Department for the proposed discharge. The Department did not receive significant comments on the draft permit; therefore, a Response to Comments was not prepared.

# ATTACHMENT ADEPLWI083 -2009 

## CHAPTER 530.2(D)(4) CERTIFICATION

MEPDESti Facility Name Since the effective date of your permit have there been: NO YES (Describe 

### in Comments) 

### 1. changes in the number or types of nondomestic wastes contributed directly or indirectly to the wastewater treatment works that may increase the toxicity of the discharge? 2. changes in the operation of the treatment works that may increase the toxicity of the discharge? 3. changes in industrial manufacturing processes contributing wastewater to the treatment works that may increase the toxicity of the discharge?

COMMENTS:



### Name(print) Signature Date
This document must be signed by the permittee or their legal representative.

This form may be used to rifest the requirements of Chap 530.2(D)(4). This Chapter requires all dischargers having waived or reduced Toxic testing to file a statement with the Department describing changes to the waste being contributed to their system as outlined above. As an alternative the discharger may submit a signed letter containing the same information.

# ATTACHMENT B2,300 9,200 4,600 Feet Map created by Maine DEP May 2012 

## Calais, MaineMAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS

CONTENTS
SECTION
A TOPIC

GENERAL PROVISIONS PAGE

1 General compliance 2 2 Other materials 2 3 Duty to Comply 2 4 Duty to provide information 2 5 Permit actions 2 6 Reopener clause 2 7 Oil and hazardous substances 2 8 Property rights 3 9 Confidentiality 3 10 Duty to reapply 3 11 Other laws 3 12 Inspection and entry 3
B OPERATION AND MAINTENANCE OF FACILITIES 1 General facility requirements 3 2 Proper operation and maintenance 4 3 Need to halt reduce not a defense 4 4 Duty to mitigate 4 5 Bypasses 4 6 Upsets 5
C MONITORING AND RECORDS 1 General requirements 6 2 Representative sampling 6 3 Monitoring and records 6
D REPORTING REQUIREMENTS I Reporting requirements 7 2 Signatory requirement 8 3 Availability of reports 8 4 Existing manufacturing, commercial, mining, and silvicultural dischargers 8 5 Publicly owned treatment works 9
E OTHER PROVISIONS I Emergency action - power failure 9 2 Spill prevention 10 3 Removed substances 10 4 Connection to municipal sewer 10
F DEFINTIONS 10

Revised July 1, 2002 Page 1MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS
A. GENERAL PROVISIONS 1. General compliance. All discharges shall be consistent with the terms and conditions of this permit; any changes in production capacity or process modifications which result in changes in the quantity or the characteristics of the discharge must be authorized by an additional license or by modifications of this permit; it shall be a violation of the terms and conditions of this permit to discharge any pollutant not identified and authorized herein or to discharge in excess of the rates or quantities authorized herein or to violate any other conditions of this permit. ✓ 2. Other materials. Other materials ordinarily produced or used in the operation of this facility, which have been specifically identified in the application, may be discharged at the maximum frequency and maximum level identified in the application, provided; (a) They are not (i) Designated as toxic or hazardous under the provisions of Sections 307 and 311, respectively, of the Federal Water Pollution Control Act; Title 38, Section 420, Maine Revised Statutes; or other applicable State Law; or (ii) Known to be hazardous or toxic by the licensee. (b) The discharge of such materials will not violate applicable water quality standards. 3. Duty to comply. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of State law and the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. (a) The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act, and 38 MRSA, §420 or Chapter 530.5 for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) Any person who violates any provision of the laws administered by the Department, including without limitation, a violation of the terms of any order, rule license, permit, approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 MRSA, §349.
4. Duty to provide information. The permittee shall furnish to the Department, within a reasonable time, any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Department upon request, copies of records required to be kept by this permit. 5. Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 6. Reopener clause. The Department reserves the right to make appropriate revisions to this permit in order to establish any appropriate effluent limitations, schedule of compliance or other provisions which may be authorized under 38 MRSA, §414-A(5).

Revised July 1, 2002 Page 2MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS
7. Oil and hazardous substances. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the permittee is or may be subject under section 311 of the Federal Clean Water Act; section 106 of the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980; or 38 MRSA §§ 1301, et. seq.
8. Property rights. This permit does not convey any property rights of any sort, or any exclusive privilege.
9. Confidentiality of records. 38 MRSA §414(6) reads as follows. "Any records, reports or information obtained under this subchapter is available to the public, except that upon a showing satisfactory to the department by any person that any records, reports or information, or particular part or any record, report or information, other than the names and addresses of applicants, license applications, licenses, and effluent data, to which the department has access under this subchapter would, if made public, divulge methods or processes that are entitled to protection as trade secrets, these records, reports or information must be confidential and not available for public inspection or examination. Any records, reports or information may be disclosed to employees or authorized representatives of the State or the United States concerned with carrying out this subchapter or any applicable federal law, and to any party to a hearing held under this section on terms the commissioner may prescribe in order to protect these confidential records, reports and information, as long as this disclosure is material and relevant to any issue under consideration by the department."
10. 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.
11. Other laws. The issuance of this permit does not authorize any injury to persons or property or invasion of other property rights, nor does it relieve the permittee if its obligation to comply with other applicable Federal, State or local laws and regulations.
12. Inspection and entry. The permittee shall allow the Department, or an authorized representative (including an authorized contractor acting as a representative of the EPA Administrator), upon presentation of credentials and other documents as may be required by law, to: (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.

B. OPERATION AND MAINTENACE OF FACILITIES 1. General facility requirements. (a) The permittee shall collect all waste flows designated by the Department as requiring treatment and discharge them into an approved waste treatment facility in such a manner as to

Revised July 1, 2002 Page 3MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS maximize removal of pollutants unless authorization to the contrary is obtained from the Department. (b) The permittee shall at all times maintain in good working order and operate at maximum efficiency all waste water collection, treatment and/or control facilities. (c) All necessary waste treatment facilities will be installed and operational prior to the discharge of any wastewaters. (d) Final plans and specifications must be submitted to the Department for review prior to the construction or modification of any treatment facilities. (e) The permittee shall install flow measuring facilities of a design approved by the Department. (f) The permittee must provide an outfall of a design approved by the Department which is placed in the receiving waters in such a manner that the maximum mixing and dispersion of the wastewaters will be achieved as rapidly as possible.
2. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit.
3. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee 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.
4. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.
5. Bypasses. (a) Definitions. (i) Bypass means the intentional diversion of waste streams from any portion of a treatment facility. (ii) Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. (b) Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of paragraphs (c) and (d) of this section. (c) Notice. (i) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass.

Revised July 1, 2002 Page 4MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS (ii) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in paragraph D(1)(f), below. (24-hour notice). (d) Prohibition of bypass. (i) Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as required under paragraph (c) of this section. (ii) The Department may approve an anticipated bypass, after considering its adverse effects, if the Department determines that it will meet the three conditions listed above in paragraph (d)(i) of this section. 6. Upsets. (a) Definition. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (b) Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph (c) of this section are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. (c) Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (i) An upset occurred and that the permittee can identify the cause(s) of the upset; (ii) The permitted facility was at the time being properly operated; and (iii) The permittee submitted notice of the upset as required in paragraph D(1)(f) , below. (24 hour notice). (iv) The perinittee complied with any remedial measures required under paragraph B(4). (d) Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

Revised July 1, 2002 Page 5MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS

C. MONITORING AND RECORDS
1. General Requirements. This permit shall be subject to such monitoring requirements as may be reasonably required by the Department including the installation, use and maintenance of monitoring equipment or methods (including, where appropriate, biological monitoring methods). The permittee shall provide the Department with periodic reports on the proper Department reporting form of monitoring results obtained pursuant to the monitoring requirements contained herein.
2. Representative sampling. Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. If effluent limitations are based wholly or partially on quantities of a product processed, the permittee shall ensure samples are representative of times when production is taking place. Where discharge monitoring is required when production is less than 50%, the resulting data shall be reported as a daily measurement but not included in computation of averages, unless specifically authorized by the Department.
3. Monitoring and records. (a) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity. (b) Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all 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 the sample, measurement, report or application. This period may be extended by request of the Department at any time. (c) Records of monitoring information shall include: (i) The date, exact place, and time of sampling or measurements; (ii) The individual(s) who performed the sampling or measurements; (iii)The date(s) analyses were performed; (iv) The individual(s) who performed the analyses; (v) The analytical techniques or methods used; and (vi) The results of such analyses. (d) Monitoring results must be conducted according to test procedures approved under 40 CFR part 136, unless other test procedures have been specified in the permit. (e) State law provides that any person who tampers with or renders inaccurate any monitoring devices or method required by any provision of law, or any order, rule license, permit approval or decision is subject to the penalties set forth in 38 MRSA, §349.

Revised July 1, 2002 Page 6MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS
D. REPORTING REQUIREMENTS 1. Reporting requirements. (a) Planned changes. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: (i) The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR 122.29(b); or (ii) The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under Section D(4). (iii) The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alteration, addition, or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan; (b) Anticipated noncompliance. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. (c) Transfers. This permit is not transferable to any person except upon application to and approval of the Department pursuant to 38 MRSA, § 344 and Chapters 2 and 522. (d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit. (i) Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms provided or specified by the Department for reporting results of monitoring of sludge use or disposal practices, (ii) If the permittee monitors any pollutant more frequently than required by the permit using test procedures approved under 40 CFR part 136 or as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by the Department. (iii) Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Department in the permit. (e) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. Twenty-four hour reporting. (i) The permittee shall report any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance

Revised July 1, 2002 Page 7MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. (ii) The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B) Any upset which exceeds any effluent limitation in the permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Department in the permit to be reported within 24 hours. (iii)The Department may waive the written report on a case-by-case basis for reports under paragraph (f)(ii) of this section if the oral report has been received within 24 hours. (g) Other noncompliance. The permittee shall report all instances of noncompliance not reported under paragraphs (d), (e), and (0 of this section, at the time monitoring reports are submitted. The reports shall contain the information listed in paragraph (0 of this section. (Ii) Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Department, it shall promptly submit such facts or information.
2. Signatory requirement. All applications, reports, or information submitted to the Department shall be signed and certified as required by Chapter 521, Section 5 of the Department's rules. State law provides that any person who knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained by any order, rule, permit, approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 MRSA, §349.
3. Availability of reports. Except for data determined to be confidential under A(9), above, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Department. As required by State law, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal sanctions as provided by law.
4. Existing manufacturing, commercial, mining, and silvicultural dischargers. In addition to the reporting requirements under this Section, all existing manufacturing, commercial, mining, and silvicultural dischargers must notify the Department as soon as they know or have reason to believe: (a) That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (i) One hundred micrograms per liter (100 ug/1); (ii) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (iii)Five (5) times the maximum concentration value reported for that pollutant in the permit application in accordance with Chapter 521 Section 4(g)(7); or (iv) The level established by the Department in accordance with Chapter 523 Section 5(f).

Revised July 1, 2002 Page 8MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS(b) That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (i) Five hundred micrograms per liter (500 tig/1); (ii) One milligram per liter (1 mg/1) for antimony; (iii)Ten (10) times the maximum concentration value reported for that pollutant in the permit application in accordance with Chapter 521 Section 4(g)(7); or (iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 5. Publicly owned treatment works. (a) All POTWs must provide adequate notice to the Department of the following: (i) Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA or Chapter 528 if it were directly discharging those pollutants. (ii) Any substantial change in the volume or character of pollutants being introduced into that POTW by a source introducing pollutants into the POTW at the time of issuance of the permit. (iii) For purposes of this paragraph, adequate notice shall include information on (A) the quality and quantity of effluent introduced into the POTW, and (B) any anticipated impact of the change on the quantity or quality of effluent to be discharged from the POTW. (b) When the effluent discharged by a POTW for a period of three consecutive months exceeds 80 percent of the permitted flow, the permittee shall submit to the Department a projection of loadings up to the time when the design capacity of the treatment facility will be reached, and a program for maintaining satisfactory treatment levels consistent with approved water quality management plans.

E. OTHER REQUIREMENTS 1. Emergency action - power failure. Within thirty days after the effective date of this permit, the permittee shall notify the Department of facilities and plans to be used in the event the primary source of power to its wastewater pumping and treatment facilities fails as follows. (a) For municipal sources. During power failure, all wastewaters which are normally treated shall receive a minimum of primary treatment and disinfection. Unless otherwise approved, alternate power supplies shall be provided for pumping stations and treatment facilities. Alternate power supplies shall be on-site generating units or an outside power source which is separate and independent from sources used for normal operation of the wastewater facilities. (b) For industrial and commercial sources. The permittee shall either maintain an alternative power source sufficient to operate the wastewater pumping and treatment facilities or halt, reduce or otherwise control production and or all discharges upon reduction or loss of power to the wastewater pumping or treatment facilities,

Revised July 1, 2002 Page 9MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS
2. Spill prevention. (applicable only to industrial sources) Within six months of the effective date of this permit, the permittee shall submit to the Department for review and approval, with or without conditions, a spill prevention plan. The plan shall delineate methods and measures to be taken to prevent and or contain any spills of pulp, chemicals, oils or other contaminates and shall specify means of disposal and or treatment to be used.
3. Removed substances. Solids, sludges trash rack cleanings, filter backwash, or other pollutants removed from or resulting from the treatment or control of waste waters shall be disposed of in a manner approved by the Department.
4. Connection to municipal sewer. (applicable only to industrial and commercial sources) All wastewaters designated by the Department as treatable in a municipal treatment system will be cosigned to that system when it is available. This permit will expire 90 days after the municipal treatment facility becomes available, unless this time is extended by the Department in writing.
F. DEFINITIONS. For the purposes of this permit, the following definitions shall apply. Other definitions applicable to this permit may be found in Chapters 520 through 529 of the Department's rules Average means the arithmetic mean of values taken at the frequency required for each parameter over the specified period. For bacteria, the average shall be the geometric mean. Average monthly discharge limitation 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 that month. Except, however, bacteriological tests may be calculated as a geometric mean. Average weekly discharge limitation means the highest allowable average of daily discharges over a calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by the number of daily discharges measured during that week. Best management practices ("BMPs") 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. Composite sample means a sample consisting of a minimum of eight grab samples collected at equal intervals during a 24 hour period (or a lesser period as specified in the section on monitoring and reporting) and combined proportional to the flow over that same time period, Continuous discharge means a discharge which occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar

. activities. 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 mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day.

Revised July 1, 2002 Page 10MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS Discharge Monitoring Report ("DMR") means the EPA uniform national form, including any subsequent additions, revisions, or modifications for the reporting of self-monitoring results by permittees. DMRs must be used by approved States as well as by EPA. EPA will supply DMRs to any approved State upon request. The EPA national forms may be modified to substitute the State Agency name, address, logo, and other similar information, as appropriate, in place of EPA's. Flow weighted composite sample means a composite sample consisting of a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge. Grab sample means an individual sample collected in a period of less than 15 minutes. Interference means a Discharge which, alone or in conjunction with a discharge or discharges from other sources, both: (1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act. Maximum daily discharge limitation means the highest allowable daily discharge. New source means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

(a) After promulgation of standards of performance under section 306 of CWA which are applicable to such source, or (b) After proposal of standards of performance in accordance with section 306 of CWA which are applicable to such source, but only if the standards are promulgated in accordance with section 306 within 120 days of their proposal. Pass through means a discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation). Permit means an authorization, license, or equivalent control document issued by EPA or an approved State to implement the requirements of 40 CFR parts 122, 123 and 124. Permit includes an NPDES general permit (Chapter 529). Permit does not include any permit which has not yet been the subject of final agency action, such as a draft permit or a proposed permit. Person means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, federal agency or other legal entity.

Revised July 1, 2002 Page 11MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT STANDARD CONDITIONS APPLICABLE TO ALL PERMITS

Point source means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. Pollutant means dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or byproducts, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, commercial or agricultural wastes of any kind. Process wastewater means any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Publicly owned treatment works ("POTW") means any facility for the treatment of pollutants owned by the State or any political subdivision thereof, any municipality, district, quasi-municipal corporation or other public entity. Septage means, for the purposes of this permit, any waste, refuse, effluent sludge or other material removed from a septic tank, cesspool, vault privy or similar source which concentrates wastes or to which chemicals have been added. Septage does not include wastes from a holding tank. Time weighted composite means a composite sample consisting of a mixture of equal volume aliquots collected over a constant time interval. Toxic pollutant includes any pollutant listed as toxic under section 307(a)(1) or, in the case of sludge use or disposal practices, any pollutant identified in regulations implementing section 405(d) of the CWA. Toxic pollutant also includes those substances or combination of substances, including disease causing agents, which after discharge or upon exposure, ingestion, inhalation or assimilation into any organism, including humans either directly through the environment or indirectly through ingestion through food chains, will, on the basis of information available to the board either alone or in combination with other substances already in the receiving waters or the discharge, cause death, disease, abnormalities, cancer, genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical deformations in such organism or their offspring. Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Whole effluent toxicity means the aggregate toxic effect of an effluent measured directly by a toxicity test.

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# DEP INFORMATION SHEET

Appealing a Department Licensing Decision

Dated: March 2012 Contact: (207) 287-2811

SUMMARY There are two methods available to an aggrieved person seeking to appeal a licensing decision made by the Department of Environmental Protection's ("DEP") Commissioner: (1) in an administrative process before the Board of Environmental Protection ("Board"); or (2) in a judicial process before Maine's Superior Court. An aggrieved person seeking review of a licensing decision over which the Board had original jurisdiction may seek judicial review in Maine's Superior Court. A judicial appeal of final action by the Commissioner or the Board regarding an application for an expedited wind energy development (35-A M.R.S.A. § 3451(4)) or a general permit for an offshore wind energy demonstration project (38 M.R.S.A. § 480-11H(1) or a general permit for a tidal energy demonstration project (38 M.R.S.A. § 636-A) must be taken to the Supreme Judicial Court sitting as the Law Court. This INFORMATION SHEET, in conjunction with a review of the statutory and regulatory provisions referred to herein, can help a person to understand his or her rights and obligations in filing an administrative or judicial appeal.
I. ADMINISTRATIVE APPEALS TO THE BOARD

LEGAL REFERENCES The laws concerning the DEP's Organization and Powers, 38 M.R.S.A. §§ 341-D(4) & 346, the Maine Administrative Procedure Act, 5 M.R.S.A. § 11001, and the DEP's Rules Concerning the Processing of Applications and Other Administrative Matters ("Chapter 2"), 06-096 CMR 2 (April 1, 2003).

HOW LONG You HAVE TO SUBMIT AN APPEAL TO THE BOARD The Board must receive a written appeal within 30 days of the date on which the Commissioner's decision was filed with the Board. Appeals filed after 30 calendar days of the date on which the Commissioner's decision was filed with the Board will be rejected.
HOW TO SUBMIT AN APPEAL TO THE BOARD Signed original appeal documents must be sent to: Chair, Board of Environmental Protection, c/o Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017; faxes are acceptable for purposes of meeting the deadline when followed by the Board's receipt of mailed original documents within five (5) working days. Receipt on a particular day must be by 5:00 PM at DEP's offices in Augusta; materials received after 5:00 PM are not considered received until the following day. The person appealing a licensing decision must also send the DEP's Commissioner a copy of the appeal documents and if the person appealing is not the applicant in the license proceeding at issue the applicant must also be sent a copy of the appeal documents. All of the information listed in the next section must be submitted at the time the appeal is filed. Only the extraordinary circumstances described at the end of that section will justify evidence not in the DEP's record at the time of decision being added to the record for consideration by the Board as part of an appeal.
WHAT YOUR APPEAL PAPERWORK MUST CONTAIN Appeal materials must contain the following information at the time submitted: OCF/90-11035/r981r99/r00/r041r12Appealing a Commissioner's Licensing Decision March 2012 Page 2 of 3 1. Aggrieved Status. The appeal must explain how the person filing the appeal has standing to maintain an appeal. This requires an explanation of how the person filing the appeal may suffer a particularized injury as a result of the Commissioner's decision. 2. The findings, conclusions or conditions objected to or believed to be in error. Specific references and facts regarding the appellant's issues with the decision must be provided in the notice of appeal. 3. The basis of the objections or challenge. If possible, specific regulations, statutes or other facts should be referenced. This may include citing omissions of relevant requirements, and errors believed to have been made in interpretations, conclusions, and relevant requirements. 4. The remedy sought. This can range from reversal of the Commissioner's decision on the license or permit to changes in specific permit conditions. 5. All the matters to be contested. The Board will limit its consideration to those arguments specifically raised in the written notice of appeal. 6. Request for hearing. The Board will hear presentations on appeals at its regularly scheduled meetings, unless a public hearing on the appeal is requested and granted. A request for public hearing on an appeal must be filed as part of the notice of appeal. 7. New or additional evidence to be offered. The Board may allow new or additional evidence, referred to as supplemental evidence, to be considered by the Board in an appeal only when the evidence is relevant and material and that the person seeking to add information to the record can show due diligence in bringing the evidence to the DEP's attention at the earliest possible time in the licensing process or that the evidence itself is newly discovered and could not have been presented earlier in the process. Specific requirements for additional evidence are found in Chapter 2.
OTHER CONSIDERATIONS IN APPEALING A DECISION TO THE BOARD 1. Be familiar with all relevant material in the DEP record. A license application file is public information, subject to any applicable statutory exceptions, made easily accessible by DEP. Upon request, the DEP will make the material available during normal working hours, provide space to review the file, and provide opportunity for photocopying materials. There is a charge for copies or copying services. 2. Be familiar with the regulations and laws under which the application was processed, and the procedural rules governing your appeal. DEP staff will provide this information on request and answer questions regarding applicable requirements. 3. The filing of an appeal does not operate as a stay to any decision. If a license has been granted and it has been appealed the license normally remains in effect pending the processing of the appeal. A license holder may proceed with a project pending the outcome of an appeal but the license holder runs the risk of the decision being reversed or modified as a result of the appeal.
WHAT TO EXPECT ONCE You FILE A TIMELY APPEAL WITH THE BOARD The Board will formally acknowledge receipt of an appeal, including the name of the DEP project manager assigned to the specific appeal. The notice of appeal, any materials accepted by the Board Chair as supplementary evidence, and any materials submitted in response to the appeal will be sent to Board members with a recommendation from DEP staff. Persons filing appeals and interested persons are notified in advance of the date set for Board consideration of an appeal or request for public hearing. With or without holding a public hearing, the Board may affirm, amend, or reverse a Commissioner decision or remand the matter to the Commissioner for further proceedings. The Board will notify the appellant, a license holder, and interested persons of its decision.

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II. JUDICIAL APPEALS Maine law generally allows aggrieved persons to appeal final Commissioner or Board licensing decisions to Maine's Superior Court, see 38 M.R.S.A. § 346(1); 06-096 CMR 2; 5 M.R.S.A. § 11001; & M.R. Civ. P 80C. A party's appeal must be filed with the Superior Court within 30 days of receipt of notice of the Board's or the Commissioner's decision. For any other person, an appeal must be filed within 40 days of the date the decision was rendered. Failure to file a timely appeal will result in the Board's or the Commissioner's decision becoming final. An appeal to court of a license decision regarding an expedited wind energy development, a general permit for an offshore wind energy demonstration project, or a general permit for a tidal energy demonstration project may only be taken directly to the Maine Supreme Judicial Court. See 38 M.R.S.A. § 346(4). Maine's Administrative Procedure Act, DEP statutes governing a particular matter, and the Maine Rules of Civil Procedure must be consulted for the substantive and procedural details applicable to judicial appeals.

ADDITIONAL INFORMATION If you have questions or need additional information on the appeal process, for administrative appeals contact the Board's Executive Analyst at (207) 287-2452 or for judicial appeals contact the court clerk's office in • which your appeal will be filed. Note: The DEP provides this INFORMATION SHEET for general guidance only; it is not intended for use as a legal reference. Maine law governs an appellant's rights.

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