PERMIT NO. MI0006114

STATE OF MICHIGAN 

DEPARTMENT OF NATURAL RESOURCES & ENVIRONMENT 

AUTHORIZATION TO DISCHARGE UNDER THE

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

In compliance with the provisions of the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1251

et seq.) (the "Federal Act"), Michigan Act 451, Public Acts of 1994, as amended (the "Michigan Act"), Parts 31

and 41, and Michigan Executive Order 2009-45,

Copper Range Company

c/o FQM (Akubra) Inc.

330 Bay Street, Suite 1000

Toronto, Ontario, Canada M5H2S8

is authorized to discharge from the White Pine Facility located at

1 Wilcox Road

White Pine, Michigan 49971

designated as Copper Range Co

to the receiving water named Perch Creek in accordance with effluent limitations, monitoring requirements, and

other conditions set forth in this permit.

This permit is based on a complete application submitted on April 1, 2009, and amended on February 11, 2010.

This permit takes effect on November 1, 2010. The provisions of this permit are severable. After

notice and opportunity for a hearing, this permit may be modified, suspended, or revoked in whole or in part

during its term in accordance with applicable laws and rules. On its effective date this permit shall supersede

NPDES Permit No. MI0006114, expiring October 1, 2009.

This permit and the authorization to discharge shall expire at midnight, October 1, 2014. In order to receive

authorization to discharge beyond the date of expiration, the permittee shall submit an application which

contains such information, forms, and fees as are required by the Department of Natural Resources and

Environment (Department) by April 4, 2014.

Issued September 9, 2010 by Daniel Dell, Chief, Permits Section, Water Resources Division. Based on a

request amendment submitted on June 17, 2013, this permit was modified (minor) on June 25, 2013.

Original Permit Signed by Philip Argiroff

Philip Argiroff, Chief

Permits Section

Water Resources Division
PERMIT NO. MI0006114 Page 2 of 25

PERMIT FEE REQUIREMENTS

In accordance with Section 324.3120 of the Michigan Act, the permittee shall make payment of an annual permit

fee to the Department for each October 1 the permit is in effect regardless of occurrence of discharge. The

permittee shall submit the fee in response to the Department's annual notice. The fee shall be postmarked by

January 15 for notices mailed by December 1. The fee is due no later than 45 days after receiving the notice for

notices mailed after December 1.

Annual Permit Fee Classification: Industrial-Commercial Minor, high-flow (IP)

In accordance with Section 324.3118 of the Michigan Act, the permittee shall make payment of an annual storm

water fee to the Department for each January 1 the permit is in effect regardless of occurrence of discharge.

The permittee shall submit the fee in response to the Department's annual notice. The fee shall be postmarked

by March 15 for notices mailed by February 1. The fee is due no later than 45 days after receiving the notice for

notices mailed after February 1.

CONTACT INFORMATION

Unless specified otherwise, all contact with the Department required by this permit shall be made to the Upper

Peninsula District Supervisor of the Water Resources Division. The Upper Peninsula District Office is located at

the K. I. Sawyer International Airport and Business Center, 420 Fifth Street, Gwinn, Michigan 49841, Telephone:

906-346-8300, Fax: 906-346-4480.

CONTESTED CASE INFORMATION

Any person who is aggrieved by this permit may file a sworn petition with the State Office of Administrative

Hearings and Rules of the Michigan Department of Energy, Labor, and Economic Growth, setting forth the

conditions of the permit which are being challenged and specifying the grounds for the challenge. The

Department of Energy, Labor, and Economic Growth may reject any petition filed more than 60 days after

issuance as being untimely.
PERMIT NO. MI0006114 Page 3 of 25

PART I

Section A. Effluent Limitations And Monitoring Requirements

1. Final Effluent Limitations, Monitoring Point 001A

During the period beginning on the effective date of this permit and lasting until the expiration date of this permit,

the permittee is authorized to discharge a maximum of 12 MGD of mine dewatering water, leachate from an onsite repository, and an unspecified amount of storm water runoff from Monitoring Point 001A through Outfall 001.

Outfall 001 discharges to Perch Creek. Such discharge shall be limited and monitored by the permittee as

specified below.

Maximum Limits for Maximum Limits for

Quantity or Loading Quality or Concentration Monitoring Sample

Parameter Monthly Daily Units Monthly Daily Units Frequency Type

Flow --- (report) MGD --- --- --- Monthly Report Total

Daily Flow

Total Copper --- --- --- --- (report) ug/l Monthly Grab

Dissolved Copper --- --- --- --- (report) ug/l Monthly Grab

Total Hardness (as CaCO3) --- --- --- --- (report) mg/l Monthly Grab

Total Organic Carbon --- --- --- --- (report) mg/l Monthly Grab

Acute Toxicity --- --- --- --- (report) TUA Annually* Grab

Chronic Toxicity --- --- --- (report) --- TUC Annually* Grab

Total Suspended Solids --- --- --- --- (report) mg/l Monthly Grab

Total Dissolved Solids --- --- --- --- (report) mg/l Monthly Grab

Total Chlorides --- --- --- --- (report) mg/l Monthly Grab

Outfall Observation (report) --- --- --- --- --- Monthly Visual

Total Mercury (report) --- lbs/day (report) --- ng/l Quarterly Grab

12-Month 12-Month

Rolling Average Rolling Average

Total Mercury 0.0013 --- lbs/day 2 --- ng/l Quarterly Calculation

Minimum Maximum

Daily Daily

pH --- --- --- 6.5 9.0 S.U. Monthly Grab

*The single sample each year shall be collected during the period from March to April when the flow exceeds 30 MGD.

If the flow does not exceed 30 MGD, sampling would not be required for the year. The sample shall be analyzed for

total copper and total organic carbon and the corresponding flow shall also be reported.
PERMIT NO. MI0006114 Page 4 of 25

PART I

Section A. Effluent Limitations And Monitoring Requirements

a. Narrative Standard

The receiving water shall contain no turbidity, color, oil films, floating solids, foams, settleable solids,

suspended solids, or deposits as a result of this discharge in unnatural quantities which are or may

become injurious to any designated use.

b. Monitoring Location

Samples, measurements, and observations taken in compliance with the monitoring requirements above

shall be taken prior to discharge to Perch Creek.

c. Outfall Observation

Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, oil film, floating solids,

foams, settleable solids, suspended solids, or deposits) shall be reported within 24 hours to the

Department followed with a written report within five (5) days detailing the findings of the investigation

and the steps taken to correct the condition.

d. Water Treatment Additives

This permit does not authorize the discharge of water additives without approval from the Department.

Approval of water additives is authorized under separate correspondence. Water additives include any

material that is added to water used at the facility or to a wastewater generated by the facility to

condition or treat the water. In the event a permittee proposes to discharge water additives, including an

increased discharge concentration of a previously approved water additive, the permittee shall submit a

request to the Department for approval. See Part I.A.3. for information on requesting water treatment

additive use.

e. Analytical Methods and Quantification Levels for Total Copper and Dissolved Copper

The sampling procedures, preservation and handling, and analytical protocol for compliance monitoring

shall be in accordance with EPA approved methods. The quantification level for total copper and

dissolved copper shall be 1 ug/l unless a higher level is appropriate because of sample matrix

interference. Justification for higher quantification levels shall be submitted to the Department within 30

days of such determination. Upon approval of the Department, the permittee may use alternate

analytical methods (for parameters with methods specified in 40 CFR 136, the alternate methods are

restricted to those listed in 40 CFR 136).

f. Monitoring Frequency Reduction for Total Copper, Dissolved Copper, Total Hardness, and Total

Organic Carbon

After the submittal of twelve (12) months of data, the permittee may request, in writing, Department

approval of a reduction in monitoring frequency for total copper, dissolved copper, total hardness, and

total organic carbon. This request shall contain an explanation as to why the reduced monitoring is

appropriate. Upon receipt of written approval and consistent with such approval, the permittee may

reduce the monitoring frequency indicated in Part I.A.1. of this permit. The Department may revoke the

approval for reduced monitoring at any time upon notification to the permittee.

g. Final Effluent Limitation for Total Mercury

The final limit for total mercury is the Discharge Specific Level Currently Achievable (LCA) based on a

multiple discharger variance from the water quality-based effluent limit of 1.3 ng/l, pursuant to Rule

323.1103(9) of the Water Quality Standards. Compliance with the LCA shall be determined as a 12-

month rolling average. The 12-month rolling average shall be determined by adding the present monthly

average result to the preceding 11 monthly average results then dividing the sum by 12. For facilities

with quarterly monitoring requirements for total mercury, quarterly monitoring shall be equivalent to 3

months of monitoring in calculating the 12-month rolling average. Facilities that monitor more frequently

than monthly for total mercury must determine the monthly average result, which is the sum of the

results of all data obtained in a given month divided by the total number of samples taken, in order to

calculate the 12-month rolling average. If the 12-month rolling average for any quarter is less than or

equal to the LCA, the permittee will be considered to be in compliance for total mercury for that quarter,

provided the permittee is also in full compliance with the Pollutant Minimization Program for Total

Mercury, set forth in Part I.A.4. 
PERMIT NO. MI0006114 Page 5 of 25

PART I

Section A. Effluent Limitations And Monitoring Requirements

h. Total Mercury Testing Requirements

The analytical protocol for total mercury shall be in accordance with EPA Method 1631, Revision E,

“Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Fluorescence Spectrometry”.

The quantification level for total mercury shall be 0.5 ng/l, unless a higher level is appropriate because of

sample matrix interference. Justification for higher quantification levels shall be submitted to the

Department within 30 days of such determination.

The use of clean technique sampling procedures is required unless the permittee can demonstrate to

the Department that an alternative sampling procedure is representative of the discharge. Guidance for

clean technique sampling is contained in: EPA Method 1669, Sampling Ambient Water for Trace Metals

at EPA Water Quality Criteria Levels (Sampling Guidance), EPA-821-R96-001, July 1996. Information

and data documenting the permittee's sampling and analytical protocols and data acceptability shall be

submitted to the Department upon request.

i. Acute Toxicity Requirements

Test species shall include Daphnia magna, Daphnia pulex or Ceriodaphnia dubia. Testing and reporting

procedures shall follow procedures contained in EPA/600/4-90/027F, "Methods for Measuring the Acute

Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms (Fifth Edition).” The

acute toxic unit value (TUA) for the tested species shall be reported on the Discharge Monitoring Report

(DMR). For each species not tested, the permittee shall enter "*W" on the DMR. Completed toxicity

test reports for each test conducted shall be retained by the permittee in accordance with the

requirements of Part II.B.5. of this permit and shall be available for review by the department upon

request. Toxicity test data acceptability is contingent upon the validation of the test method by the

testing laboratory. Such validation shall be submitted to the Department upon request.

The Department will review the toxicity data submitted by the permittee to determine if the acute toxicity

requirements of Rule 323.1219 are being satisfied.

1) If the data indicate persistent exceedance of the acute toxicity requirements of Rule 323.1219,

upon written notification by the Department, the following conditions apply. Within 90 days of the above

notification, the permittee shall implement a Toxicity Reduction Evaluation (TRE). The objective of the

TRE shall be to reduce the toxicity of the final effluent from monitoring point 001A to < 1.0 acute toxic

unit (TUA) within three (3) years of notification. The following documents are available as guidance to

reduce toxicity to acceptable levels: Phase I, EPA/600/6-91/003; Phase II, EPA/600/R-92/080;

Phase III, EPA/600/R-92/081; and Publicly Owned Treatment Works (POTWs), EPA/833B-99/002.

Annual progress reports shall be submitted to the Department within 30 days of the completion of the

last test of each annual cycle.

2) This permit may be modified in accordance with applicable laws and rules to include additional

whole effluent toxicity control requirements as necessary.

j. Chronic Toxicity Requirements

Test species shall include Ceriodaphnia dubia. Testing and reporting procedures shall follow

procedures contained in EPA/600/4-91/002, “Short-term Methods for Estimating the Chronic Toxicity of

Effluents and Receiving Waters to Freshwater Organisms (Fourth Edition).”. The chronic toxic unit

(TUC) value for the tested species shall be reported on the Discharge Monitoring Report (DMR).

Completed toxicity test reports for each test conducted shall be retained by the permittee in accordance

with the requirements of Part II.B.5. of this permit and shall be available for review by the department

upon request. Toxicity test data acceptability is contingent upon the validation of the test method by the

testing laboratory. Such validation shall be submitted to the Department upon request.

The Department will review the toxicity data submitted by the permittee to determine if the acute and

chronic toxicity requirements of Rule 323.1219 are being satisfied.
PERMIT NO. MI0006114 Page 6 of 25

PART I

Section A. Effluent Limitations And Monitoring Requirements

1) If the data indicate persistent exceedance of the chronic toxicity requirements of Rule 323.1219,

upon written notification by the Department, the following conditions apply. Within 90 days of the above

notification, the permittee shall implement a Toxicity Reduction Evaluation (TRE). The objective of the

TRE shall be to reduce the toxicity of the final effluent from monitoring point 001A to < 1.0 chronic toxic

unit (TUC) within three (3) years of notification. The following documents are available as guidance to

reduce toxicity to acceptable levels: Phase I, EPA/600/6-91/003 (acute) and EPA/600/6-91/005F

(chronic); Phase II, EPA/600/R-92/080 (acute and chronic); Phase III, EPA/600/R-92/081 (acute and

chronic); and Publicly Owned Treatment Works (POTWs), EPA/833B-99/002. Annual progress reports

shall be submitted to the Department within 30 days of the completion of the last test of each annual

cycle.

2) This permit may be modified in accordance with applicable laws and rules to include additional

whole effluent toxicity control requirements as necessary.

2. Final Effluent Limitations

During the period beginning on the effective date of this permit and lasting until the expiration date of this permit,

the permittee is authorized to discharge an unspecified amount of storm water runoff from lands on Michigan’s

List of Environmental Contamination pursuant to Part 201 (Environmental Response) of the Michigan Act, and/or

from other activities which may contribute pollutants to the storm water for which the Department determines

monitoring is needed. Such discharge shall be limited and monitored by the permittee as specified below.

These requirements do not apply to storm water runoff authorized to be discharged from outfall 001 under

Part I.A.1. of this permit.

a. Limitations for Discharges from areas without secondary containment, including Sites of Environmental

Contamination and other activities which may contribute pollutants to the storm water for which the

Department determines monitoring is needed. Storm water may not be discharged if:

1) the receiving water will contain unnatural turbidity, color, oil films, floating solids, foams,

settleable solids, suspended solids, or deposits as a result of this discharge; or

2) the permittee knows, or has reason to believe, the storm water contains contaminants from the

site that may cause a violation of the Water Quality Standards.

b. Water Treatment Additives

This permit does not authorize the discharge of water additives without approval from the Department.

Water additives include any material that is added to water used at the facility or to a wastewater

generated by the facility to condition or treat the water. In the event a permittee proposes to discharge

water additives, the permittee shall submit a request to the Department for approval. See Part I.A.3. for

information on requesting water treatment additive use.
PERMIT NO. MI0006114 Page 7 of 25

PART I

Section A. Effluent Limitations And Monitoring Requirements

3. Request for Discharge of Water Treatment Additives

In the event a permittee proposes to discharge water additives, the permittee shall submit a request to discharge

water additives to the Department for approval. Such requests shall be sent to the Surface Water Assessment

Section, Water Resources Division, Department of Natural Resources and Environment, P.O. Box 30273,

Lansing, Michigan 48909, with a copy to the Department contact listed on the cover page of this permit.

Instructions to submit a request electronically may be obtained via the Internet (http://www.michigan.gov/dnre

and on the left side of the screen click on Water, Water Quality Monitoring, and Assessment of Michigan Waters;

then click on the Water Treatment Additive List which is under the Information banner). Written approval from

the Department to discharge such additives at specified levels shall be obtained prior to discharge by the

permittee. Additional monitoring and reporting may be required as a condition for the approval to discharge the

additive.

A request to discharge water additives shall include all of the following water additive usage and discharge

information:

a. Material Safety Data Sheet;

b. the proposed water additive discharge concentration;

c. the discharge frequency (i.e., number of hours per day and number of days per year);

d. the monitoring point from which the product is to be discharged;

e. the type of removal treatment, if any, that the water additive receives prior to discharge;

f. product function (i.e. microbiocide, flocculant, etc.);

g. a 48-hour LC50 or EC50 for a North American freshwater planktonic crustacean (either Ceriodaphnia sp.,

Daphnia sp., or Simocephalus sp.); and

h. the results of a toxicity test for one other North American freshwater aquatic species (other than a

planktonic crustacean) that meets a minimum requirement of Rule 323.1057(2) of the Water Quality

Standards.

Prior to submitting the request, the permittee may contact the Surface Water Assessment Section by telephone

at 517-335-1180 or via the Internet at the address given above to determine if the Department has the product

toxicity data required by items g. and h. above. If the Department has the data, the permittee will not need to

submit product toxicity data.
PERMIT NO. MI0006114 Page 8 of 25

PART I

Section A. Effluent Limitations And Monitoring Requirements

4. Pollutant Minimization Program for Total Mercury

The goal of the Pollutant Minimization Program is to maintain the effluent concentration of total mercury at or

below 1.3 ng/l. The permittee shall continue to implement the Pollutant Minimization Program approved on

June 12, 2007, and modifications thereto, to proceed toward the goal. The Pollutant Minimization Program

includes the following:

a. an annual review and semi-annual monitoring of potential sources of mercury entering the wastewater

collection system;

b. a program for quarterly monitoring of influent for mercury; and

c. implementation of reasonable cost-effective control measures when sources of mercury are discovered.

Factors to be considered include significance of sources, economic considerations, and technical and

treatability considerations.

On or before March 31 of each year, the permittee shall submit a status report for the previous calendar year to

the Department that includes 1) the monitoring results for the previous year, 2) an updated list of potential

mercury sources, and 3) a summary of all actions taken to reduce or eliminate identified sources of mercury.

Any information generated as a result of the Pollutant Minimization Program set forth in this permit may be used

to support a request to modify the approved program or to demonstrate that the Pollutant Minimization Program

requirement has been completed satisfactorily.

A request for modification of the approved program and supporting documentation shall be submitted in writing

to the Department for review and approval. The Department may approve modifications to the approved

program (approval of a program modification does not require a permit modification), including a reduction in the

frequency of the requirements under items a. & b.

This permit may be modified in accordance with applicable laws and rules to include additional mercury

conditions and/or limitations as necessary.
PERMIT NO. MI0006114 Page 9 of 25

PART I

Section A. Effluent Limitations And Monitoring Requirements

5. Storm Water Pollution Prevention Plan

The permittee is authorized to discharge storm water associated with industrial activities as defined in

40 CFR 122.26(b)(14). These storm water discharges shall be controlled in accordance with the requirements of

this special condition. The permittee has developed and implemented a Storm Water Pollution Prevention Plan

(plan). The permittee shall continue implementation of the plan for maximum control of significant materials (as

defined in Part II.A.) so that storm water discharges will not cause a violation of the Water Quality Standards.

The plan shall be routinely reviewed and updated in accordance with the requirements of this section.

a. Source Identification

To identify potential sources of significant materials that can enter storm water and subsequently be

discharged from the facility, the plan shall, at a minimum, include the following:

1) A site map identifying the following: buildings and other permanent structures; storage or

disposal areas for significant materials; secondary containment structures; storm water discharge

outfalls (numbered for reference); location of storm water inlets contributing to each outfall; location of

NPDES permitted discharges other than storm water; outlines of the drainage areas contributing to each

outfall; structural runoff controls or storm water treatment facilities; areas of vegetation; areas of exposed

and/or erodible soils; impervious surfaces (roofs, asphalt, concrete); name and location of receiving

water(s); and areas of known or suspected impacts on surface waters as designated under Part 201

(Environmental Response) of the Michigan Act.

2) A list of all significant materials that could enter storm water. For each material listed, the plan

shall include the following descriptions:

a) ways in which each type of material has been or has reasonable potential to become exposed to

storm water (e.g., spillage during handling; leaks from pipes, pumps, and vessels; contact with

storage piles; waste handling and disposal; deposits from dust or overspray, etc.);

b) identification of the outfall or outfalls through which the material may be discharged if released;

c) a listing of spills and leaks of polluting materials in quantities reportable under the Part 5 Rules

(Rules 324.2001 through 324.2009 of the Michigan Administrative Code) that occurred at areas

that are exposed to precipitation or that otherwise discharge to a point source at the facility. The

listing shall include spills and leaks that occurred over the three (3) years prior to the completion

of the plan or latest update of the plan; the date, volume and exact location of release; and the

action taken to clean up the material and/or prevent exposure to storm water runoff or

contamination of surface waters of the state. Any release that occurs after the plan has been

developed shall be controlled in accordance with the plan and is cause for the plan to be

updated as appropriate within 14 calendar days of obtaining knowledge of the spill or loss; and

d) If there is a Total Maximum Daily Load (TMDL) established by the Department for the receiving

waters, which restricts the discharge of any of the identified significant materials or constituents

of those materials, then the SWPPP shall identify the level of control for those materials

necessary to comply with the TMDL, and an estimate of the current annual load of those

materials via storm water discharges to the receiving stream.

3) An evaluation of the reasonable potential for contribution of significant materials to runoff from at

least the following areas or activities: loading, unloading, and other material handling operations;

outdoor storage, including secondary containment structures; outdoor manufacturing or processing

activities; significant dust or particulate generating processes; discharge from vents, stacks and air

emission controls; on-site waste disposal practices; maintenance and cleaning of vehicles, machines

and equipment; sites of exposed and/or erodible soil; sites of environmental contamination listed under

Part 201 (Environmental Response) of the Michigan Act; areas of significant material residue; and other

areas where storm water may contact significant materials.
PERMIT NO. MI0006114 Page 10 of 25

PART I

Section A. Effluent Limitations And Monitoring Requirements

4) a summary of existing storm water discharge sampling data (if available) describing pollutants in

storm water discharges associated with industrial activity at the facility. This summary shall be

accompanied by a description of the suspected source(s) of the pollutants detected.

b. Preventive Measures and Source Controls, Non-Structural

To prevent significant materials from contacting storm water at the source, the plan shall, at a minimum,

include the following non-structural controls:

1) Description of a program for routine preventive maintenance which includes requirements for

inspection and maintenance of storm water management and control devices (e.g., cleaning of oil/water

separators and catch basins) as well as inspecting and testing plant equipment and systems to uncover

conditions that could cause breakdowns or failures resulting in discharges of pollutants to surface

waters. A log of the inspection and corrective actions shall be maintained on file by the permittee, and

shall be retained in accordance with Record Keeping, below.

2) A schedule for comprehensive site inspection to include visual inspection of equipment, plant

areas, and structural pollution prevention and treatment controls to be performed at least once every six

(6) months. A report of the results of the comprehensive site inspection shall be prepared and retained

in accordance with Record Keeping, below. The report shall identify any incidents of non-compliance

with the plan. If there are no reportable incidents of non-compliance, the report shall contain a

certification that the facility is in compliance with this plan.

3) A description of good housekeeping procedures to maintain a clean, orderly facility.

4) A description of material handling procedures and storage requirements for significant materials.

Equipment and procedures for cleaning up spills shall be identified in the plan and made available to the

appropriate personnel. The procedures shall identify measures to prevent the spilled materials or

material residues on the outside of containers from being discharged into storm water. The plan may

include, by reference, requirements of either a Pollution Incident Prevention Plan (PIPP) prepared in

accordance with the Part 5 Rules (Rules 324.2001 through 324.2009 of the Michigan Administrative

Code); a Hazardous Waste Contingency Plan prepared in accordance with 40 CFR 264 and 265

Subpart D, as required by Part 111 of the Michigan Act; or a Spill Prevention Control and

Countermeasure (SPCC) plan prepared in accordance with 40 CFR 112.

5) Identification of areas that, due to topography, activities, or other factors, have a high potential

for significant soil erosion. The plan shall also identify measures used to control soil erosion and

sedimentation.

6) A description of employee training programs which will be implemented to inform appropriate

personnel at all levels of responsibility of the components and goals of the plan. The plan shall identify

periodic dates for such training.

7) Identification of actions to limit the discharge of significant materials in order to comply with

TMDL requirements.

8) Identification of significant materials expected to be present in storm water discharges following

implementation of non-structural preventative measures and source controls.

c. Structural Controls for Prevention and Treatment

Where implementation of the measures required by Preventive Measures and Source Controls,

Non-Structural; above; does not control storm water discharges in accordance with Water Quality

Standards, below, the plan shall provide a description of the location, function, and design criteria of

structural controls for prevention and treatment. Structural controls may be necessary:

1) to prevent uncontaminated storm water from contacting or being contacted by significant

materials, and/or
PERMIT NO. MI0006114 Page 11 of 25

PART I

Section A. Effluent Limitations And Monitoring Requirements

2) if preventive measures are not feasible or are inadequate to keep significant materials at the site

from contaminating storm water. Structural controls shall be used to treat, divert, isolate, recycle, reuse

or otherwise manage storm water in a manner that reduces the level of significant materials in the storm

water and provides compliance with the Water Quality Standards, below.

d. Keeping Plans Current

1) The permittee shall review the plan on or before March 28 of each year, and maintain written

summaries of the reviews. Based on the review, the permittee shall amend the plan as needed to

ensure continued compliance with the terms and conditions of this permit.

2) The plan shall also be updated or amended whenever changes or spills at the facility increase or

have the potential to increase the exposure of significant materials to storm water, or when the plan is

determined by the permittee or the Department to be ineffective in achieving the general objectives of

controlling pollutants in storm water discharges associated with industrial activity. Updates based on

increased activity at the facility shall include a description of how the permittee intends to control any

new sources of significant materials or respond to and prevent spills in accordance with the

requirements of Source Identification; Preventive Measures and Source Controls, Non-Structural; and

Structural Controls for Prevention and Treatment; above.

3) The Department or authorized representative may notify the permittee at any time that the plan

does not meet minimum requirements. Such notification shall identify why the plan does not meet

minimum requirements. The permittee shall make the required changes to the plan within 30 days after

such notification from the Department or authorized representative, and shall submit to the Department a

written certification that the requested changes have been made.

e. Certified Storm Water Operator Update

If the certified operator has changed or an additional certified storm water operator is added, the

permittee shall provide the name and certification number of the new operator to the Department. The

new operator shall review and sign the plan.

f. Signature and Plan Review

1) The plan shall be signed by the certified storm water operator and by either the permittee or an

authorized representative in accordance with 40 CFR 122.22. The plan shall be retained on site of the

facility that generates the storm water discharge.

2) The permittee shall make plans, reports, log books, runoff quality data, and supporting

documents available upon request to the Department or authorized representative.

g. Record Keeping

The permittee shall maintain records of all inspection and maintenance activities. Records shall also be

kept describing incidents such as spills or other discharges that can affect the quality of storm water

runoff. All such records shall be retained for three (3) years.

h. Water Quality Standards

At the time of discharge, there shall be no violation of the Water Quality Standards in the receiving

waters as a result of this discharge. This requirement includes, but is not limited to, the following

conditions:

1) In accordance with Rule 323.1050 of the Water Quality Standards, the receiving waters shall not

have any of the following unnatural physical properties in quantities which are or may become injurious

to any designated use: unnatural turbidity, color, oil film, floating solids, foams, settleable solids,

suspended solids, or deposits as a result of this discharge.
PERMIT NO. MI0006114 Page 12 of 25

PART I

Section A. Effluent Limitations And Monitoring Requirements

2) Any unusual characteristics of the discharge (i.e., unnatural turbidity, color, oil film, floating

solids, foams, settleable solids, suspended solids, or deposits) shall be reported within 24 hours to the

Department followed with a written report within five (5) days detailing the findings of the investigation

and the steps taken to correct the condition.

3) Any pollutant for which a level of control is specified to meet a Total Maximum Daily Load

(TMDL) established by the Department shall be controlled at the facility so that its discharge is reduced

by the amount specified in the waste load allocation of the TMDL. Any reduction achieved through

implementation of the non-structural controls or structural controls in accordance with Preventive

Measures and Source Controls, Non-Structural; and Structural Controls for Prevention and Treatment;

above; shall count toward compliance with the TMDL.

i. Prohibition of Non-storm Water Discharges

Discharges of material other than storm water shall be in compliance with an NPDES permit issued for

the discharge. Storm water shall be defined to include the following non-storm water discharges

provided pollution prevention controls for the non-storm water component are identified in the plan:

discharges from fire hydrant flushing, potable water sources including water line flushing, fire system test

water, irrigation drainage, lawn watering, routine building wash down which does not use detergents or

other compounds, pavement wash water where spills or leaks of toxic or hazardous materials have not

occurred (unless all spilled material have been removed) and where detergents are not used, air

conditioning condensate, springs, uncontaminated groundwater, and foundation or footing drains where

flows are not contaminated with process materials such as solvents. Discharges from fire fighting

activities are authorized by this permit, but do not have to be identified in the plan.

6. Facility Contact

The “Facility Contact” was specified in the application. The permittee may replace the facility contact at any

time, and shall notify the Department in writing within 10 days after replacement (including the name, address

and telephone number of the new facility contact).

a. The facility contact shall be (or a duly authorized representative of this person):

• for a corporation, a principal executive officer of at least the level of vice president, or a designated

representative, if the representative is responsible for the overall operation of the facility from which

the discharge described in the permit application or other NPDES form originates,

• for a partnership, a general partner,

• for a sole proprietorship, the proprietor, or

• for a municipal, state, or other public facility, either a principal executive officer, the mayor, village

president, city or village manager or other duly authorized employee.

b. A person is a duly authorized representative only if:

• the authorization is made in writing to the Department by a person described in paragraph a. of this

section; and

• the authorization specifies either an individual or a position having responsibility for the overall

operation of the regulated facility or activity such as the position of plant manager, operator of a well

or a well field, superintendent, position of equivalent responsibility, or an individual or position having

overall responsibility for environmental matters for the facility (a duly authorized representative may

thus be either a named individual or any individual occupying a named position).

Nothing in this section obviates the permittee from properly submitting reports and forms as required by law.
PERMIT NO. MI0006114 Page 13 of 25

PART II

Section A. Definitions

This list of definitions may include terms not applicable to this permit.

Acute toxic unit (TUA) means 100/LC50 where the LC50 is determined from a whole effluent toxicity (WET) test

which produces a result that is statistically or graphically estimated to be lethal to 50% of the test organisms.

Bioaccumulative chemical of concern (BCC) means a chemical which, upon entering the surface waters, by

itself or as its toxic transformation product, accumulates in aquatic organisms by a human health

bioaccumulation factor of more than 1000 after considering metabolism and other physiochemical properties that

might enhance or inhibit bioaccumulation. The human health bioaccumulation factor shall be derived according

to R 323.1057(5). Chemicals with half-lives of less than 8 weeks in the water column, sediment, and biota are

not BCCs. The minimum bioaccumulation concentration factor (BAF) information needed to define an organic

chemical as a BCC is either a field-measured BAF or a BAF derived using the biota-sediment accumulation

factor (BSAF) methodology. The minimum BAF information needed to define an inorganic chemical as a BCC,

including an organometal, is either a field-measured BAF or a laboratory-measured bioconcentration factor

(BCF). The BCCs to which these rules apply are identified in Table 5 of R 323.1057 of the Water Quality

Standards.

Biosolids are the solid, semisolid, or liquid residues generated during the treatment of sanitary sewage or

domestic sewage in a treatment works. This includes, but is not limited to, scum or solids removed in primary,

secondary, or advanced wastewater treatment processes and a derivative of the removed scum or solids.

Bulk biosolids means biosolids that are not sold or given away in a bag or other container for application to a

lawn or home garden.

Chronic toxic unit (TUC ) means 100/MATC or 100/IC25, where the maximum acceptable toxicant concentration

(MATC) and IC25 are expressed as a percent effluent in the test medium.

Class B Biosolids refers to material that has met the Class B pathogen reduction requirements or equivalent

treatment by a Process to Significantly Reduce Pathogens (PSRP) in accordance with the Part 24 Rules.

Processes include aerobic digestion, composting, anaerobic digestion, lime stabilization and air drying.

Daily concentration is the sum of the concentrations of the individual samples of a parameter divided by the

number of samples taken during any calendar day. If the parameter concentration in any sample is less than the

quantification limit, regard that value as zero when calculating the daily concentration. The daily concentration

will be used to determine compliance with any maximum and minimum daily concentration limitations (except for

pH and dissolved oxygen). When required by the permit, report the maximum calculated daily concentration for

the month in the “MAXIMUM” column under “QUALITY OR CONCENTRATION” on the Discharge Monitoring

Reports (DMRs).

For pH, report the maximum value of any individual sample taken during the month in the “MAXIMUM” column

under “QUALITY OR CONCENTRATION” on the DMRs and the minimum value of any individual sample taken

during the month in the “MINIMUM” column under “QUALITY OR CONCENTRATION” on the DMRs. For

dissolved oxygen, report the minimum concentration of any individual sample in the “MINIMUM” column under

“QUALITY OR CONCENTRATION” on the DMRs.

Daily loading is the total discharge by weight of a parameter discharged during any calendar day. This value is

calculated by multiplying the daily concentration by the total daily flow and by the appropriate conversion factor.

The daily loading will be used to determine compliance with any maximum daily loading limitations. When

required by the permit, report the maximum calculated daily loading for the month in the “MAXIMUM” column

under “QUANTITY OR LOADING” on the DMRs.

Department means the Michigan Department of Natural Resources and Environment.

Detection Level means the lowest concentration or amount of the target analyte that can be determined to be

different from zero by a single measurement at a stated level of probability.
PERMIT NO. MI0006114 Page 14 of 25

PART II

Section A. Definitions

Discharge Event is a discrete occurrence during which effluent is discharged to the surface water up to 10 days

of a consecutive 14 day period.

EC50 means a statistically or graphically estimated concentration that is expected to cause 1 or more specified

effects in 50% of a group of organisms under specified conditions.

Fecal coliform bacteria monthly is the geometric mean of the samples collected in a calendar month (or 30

consecutive days). The calculated monthly value will be used to determine compliance with the maximum

monthly fecal coliform bacteria limitations. When required by the permit, report the calculated monthly value in

the “AVERAGE” column under “QUALITY OR CONCENTRATION” on the DMRs. FOR SEASONAL LAGOON

DISCHARGES ONLY: If the period in which the discharge occurred was partially in each of two months, the

monthly average shall be reported on the DMR of the month in which the last day of discharge occurred..

Fecal coliform bacteria 7-day is the geometric mean of the samples collected in any 7-day period. The

calculated 7-day value will be used to determine compliance with the maximum 7-day fecal coliform bacteria

limitations. When required by the permit, report the maximum calculated 7-day concentration for the month in

the “MAXIMUM” column under “QUALITY OR CONCENTRATION” on the DMRs. FOR SEASONAL LAGOON

DISCHARGES ONLY: If the seven day period was partially in each of two months, the seven day average shall

be reported on the DMR of the month in which the last day of discharge occurred.

Flow Proportioned sample is a composite sample with the sample volume proportional to the effluent flow.

Grab sample is a single sample taken at neither a set time nor flow.

Geometric Mean is the average of the logarithmic values of a base 10 data set, converted back to a base 10

number.

IC25 means the toxicant concentration that would cause a 25% reduction in a nonquantal biological

measurement for the test population.

Interference is 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. [This definition does not apply to sample matrix interference.]

Land Application means spraying or spreading biosolids or a biosolids derivative onto the land surface,

injecting below the land surface, or incorporating into the soil so that the biosolids or biosolids derivative can

either condition the soil or fertilize crops or vegetation grown in the soil.

LC50 means a statistically or graphically estimated concentration that is expected to be lethal to 50% of a group

of organisms under specified conditions.

Maximum acceptable toxicant concentration (MATC) means the concentration obtained by calculating the

geometric mean of the lower and upper chronic limits from a chronic test. A lower chronic limit is the highest

tested concentration that did not cause the occurrence of a specific adverse effect. An upper chronic limit is the

lowest tested concentration which did cause the occurrence of a specific adverse effect and above which all

tested concentrations caused such an occurrence.

MGD means million gallons per day.
PERMIT NO. MI0006114 Page 15 of 25

PART II

Section A. Definitions

Monthly monitoring frequency refers to a calendar month. When required by this permit, an analytical result,

reading, value or observation must be reported for that period if a discharge occurs during that period.

Monthly concentration is the sum of the daily concentrations determined during a reporting month (or 30

consecutive days) divided by the number of daily concentrations determined. The calculated monthly

concentration will be used to determine compliance with any maximum monthly concentration limitations. When

required by the permit, report the calculated monthly concentration in the “AVERAGE” column under “QUALITY

OR CONCENTRATION” on the DMRs. FOR SEASONAL LAGOON DISCHARGES ONLY: If the period in

which the discharge occurred was partially in each of two months, the monthly average shall be reported on the

DMR of the month in which the last day of discharge occurred.

For minimum percent removal requirements, the monthly influent concentration and the monthly effluent

concentration shall be determined. The calculated monthly percent removal, which is equal to 100 times the

quantity [1 minus the quantity (monthly effluent concentration divided by the monthly influent concentration)],

shall be reported in the "MINIMUM" column under "QUALITY OR CONCENTRATION" on the DMRs.

Monthly loading is the sum of the daily loadings of a parameter divided by the number of daily loadings

determined in the reporting month (or 30 consecutive days). The calculated monthly loading will be used to

determine compliance with any maximum monthly loading limitations. When required by the permit, report the

calculated monthly loading in the “AVERAGE” column under “QUANTITY OR LOADING” on the DMRs. FOR

SEASONAL LAGOON DISCHARGES ONLY: If the period in which the discharge occurred was partially in each

of two months, the monthly average shall be reported on the DMR of the month in which the last day of

discharge occurred.

National Pretreatment Standards are the regulations promulgated by or to be promulgated by the Federal

Environmental Protection Agency pursuant to Section 307(b) and (c) of the Federal Act. The standards

establish nationwide limits for specific industrial categories for discharge to a POTW.

No observed adverse effect level (NOAEL) means the highest tested dose or concentration of a substance

which results in no observed adverse effect in exposed test organisms where higher doses or concentrations

result in an adverse effect.

Noncontact Cooling Water is water used for cooling which does not come into direct contact with any raw

material, intermediate product, by-product, waste product or finished product.

Nondomestic user is any discharger to a POTW that discharges wastes other than or in addition to

water-carried wastes from toilet, kitchen, laundry, bathing or other facilities used for household purposes.

Partially treated sewage is any sewage, sewage and storm water, or sewage and wastewater, from domestic

or industrial sources that is treated to a level less than that required by the permittee's National Pollutant

Discharge Elimination System permit, or that is not treated to national secondary treatment standards for

wastewater, including discharges to surface waters from retention treatment facilities.

Pretreatment is reducing the amount of pollutants, eliminating pollutants, or altering the nature of pollutant

properties to a less harmful state prior to discharge into a public sewer. The reduction or alteration can be by

physical, chemical, or biological processes, process changes, or by other means. Dilution is not considered

pretreatment unless expressly authorized by an applicable National Pretreatment Standard for a particular

industrial category.

POTW is a publicly owned treatment works.

Quantification level means the measurement of the concentration of a contaminant obtained by using a

specified laboratory procedure calculated at a specified concentration above the detection level. It is considered

the lowest concentration at which a particular contaminant can be quantitatively measured using a specified

laboratory procedure for monitoring of the contaminant.
PERMIT NO. MI0006114 Page 16 of 25

PART II

Section A. Definitions

Quarterly monitoring frequency refers to a three month period, defined as January through March, April

through June, July through September, and October through December. When required by this permit, an

analytical result, reading, value or observation must be reported for that period if a discharge occurs during that

period.

Regional Administrator is the Region 5 Administrator, U.S. EPA, located at R-19J, 77 W. Jackson Blvd.,

Chicago, Illinois 60604.

Significant industrial user is a nondomestic user that: 1) is subject to Categorical Pretreatment Standards

under 40 CFR 403.6 and 40 CFR Chapter I, Subchapter N; or 2) discharges an average of 25,000 gallons per

day or more of process wastewater to a POTW (excluding sanitary, noncontact cooling and boiler blowdown

wastewater); contributes a process wastestream which makes up five (5) percent or more of the average dry

weather hydraulic or organic capacity of the POTW treatment plant; or is designated as such by the permittee as

defined in 40 CFR 403.12(a) on the basis that the industrial user has a reasonable potential for adversely

affecting the POTW's treatment plant operation or violating any pretreatment standard or requirement (in

accordance with 40 CFR 403.8(f)(6)).

Significant Materials Significant Materials means any material which could degrade or impair water quality,

including but not limited to: raw materials; fuels; solvents, detergents, and plastic pellets; finished materials such

as metallic products; hazardous substances designated under Section 101(14) of Comprehensive Environmental

Response, Compensation, and Liability Act (CERCLA) (see 40 CFR 372.65); any chemical the facility is required

to report pursuant to Section 313 of Emergency Planning and Community Right-to-Know Act (EPCRA); polluting

materials as identified under the Part 5 Rules (Rules 324.2001 through 324.2009 of the Michigan Administrative

Code); Hazardous Wastes as defined in Part 111 of the Michigan Act; fertilizers; pesticides; and waste products

such as ashes, slag, and sludge that have the potential to be released with storm water discharges.

Tier I value means a value for aquatic life, human health or wildlife calculated under R 323.1057 of the Water

Quality Standards using a tier I toxicity database.

Tier II value means a value for aquatic life, human health or wildlife calculated under R 323.1057 of the Water

Quality Standards using a tier II toxicity database.

Total Maximum Daily Loads (TMDLs) are required by the Federal Act for waterbodies that do not meet Water 

Quality Standards. TMDLs represent the maximum daily load of a pollutant that a waterbody can assimilate and 

meet Water Quality Standards and an allocation of that load among point sources, nonpoint sources, and a 

margin of safety.

Toxicity Reduction Evaluation (TRE) means a site-specific study conducted in a stepwise process designed to

identify the causative agents of effluent toxicity, isolate the sources of toxicity, evaluate the effectiveness of

toxicity control options, and then confirm the reduction in effluent toxicity.

Water Quality Standards means the Part 4 Water Quality Standards promulgated pursuant to Part 31 of Act

No. 451 of the Public Acts of 1994, as amended, being Rules 323.1041 through 323.1117 of the Michigan

Administrative Code.

Weekly monitoring frequency refers to a calendar week which begins on Sunday and ends on Saturday.

When required by this permit, an analytical result, reading, value or observation must be reported for that period

if a discharge occurs during that period.

Yearly monitoring frequency refers to a calendar year beginning on January 1 and ending on December 31.

When required by this permit, an analytical result, reading, value or observation must be reported for that period

if a discharge occurs during that period.

24-Hour Composite sample is a flow proportioned composite sample consisting of hourly or more frequent

portions that are taken over a 24-hour period.
PERMIT NO. MI0006114 Page 17 of 25

PART II

Section A. Definitions

3-Portion Composite sample is a sample consisting of three equal volume grab samples collected at equal

intervals over an 8-hour period.

7-day concentration is the sum of the daily concentrations determined during any 7 consecutive days in a

reporting month divided by the number of daily concentrations determined. The calculated 7-day concentration

will be used to determine compliance with any maximum 7-day concentration limitations. When required by the

permit, report the maximum calculated 7-day concentration for the month in the “MAXIMUM” column under

“QUALITY OR CONCENTRATION” on the DMRs. FOR SEASONAL LAGOON DISCHARGES ONLY: If the

seven day period was partially in each of two months, the seven day average shall be reported on the DMR of

the month in which the last day of discharge occurred.

7-day loading is the sum of the daily loadings of a parameter divided by the number of daily loadings

determined during any 7 consecutive days in a reporting month. The calculated 7-day loading will be used to

determine compliance with any maximum 7-day loading limitations. When required by the permit, report the

maximum calculated 7-day loading for the month in the “MAXIMUM” column under “QUANTITY OR LOADING”

on the DMRs. FOR SEASONAL LAGOON DISCHARGES ONLY: If the seven day period was partially in each

of two months, the seven day average shall be reported on the DMR of the month in which the last day of

discharge occurred.
PERMIT NO. MI0006114 Page 18 of 25

PART II

Section B. Monitoring Procedures

1. Representative Samples

Samples and measurements taken as required herein shall be representative of the volume and nature of the

monitored discharge.

2. Test Procedures

Test procedures for the analysis of pollutants shall conform to regulations promulgated pursuant to Section

304(h) of the Federal Act (40 CFR Part 136 - Guidelines Establishing Test Procedures for the Analysis of

Pollutants), unless specified otherwise in this permit. Requests to use test procedures not promulgated under

40 CFR Part 136 for pollutant monitoring required by this permit shall be made in accordance with the Alternate

Test Procedures regulations specified in 40 CFR 136.4. These requests shall be submitted to the Chief of the

Permits Section, Water Resources Division, Michigan Department of Natural Resources and Environment, P.O.

Box 30273, Lansing, Michigan, 48909-7773. The permittee may use such procedures upon approval.

The permittee shall periodically calibrate and perform maintenance procedures on all analytical instrumentation

at intervals to ensure accuracy of measurements. The calibration and maintenance shall be performed as part

of the permittee’s laboratory Quality Control/Quality Assurance program.

3. Instrumentation

The permittee shall periodically calibrate and perform maintenance procedures on all monitoring instrumentation

at intervals to ensure accuracy of measurements.

4. Recording Results

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

the following information: 1) the exact place, date, and time of measurement or sampling; 2) the person(s) who

performed the measurement or sample collection; 3) the dates the analyses were performed; 4) the person(s)

who performed the analyses; 5) the analytical techniques or methods used; 6) the date of and person

responsible for equipment calibration; and 7) the results of all required analyses.

5. Records Retention

All records and information resulting from the monitoring activities required by this permit including all records of

analyses performed and calibration and maintenance of instrumentation and recordings from continuous

monitoring instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the

Regional Administrator or the Department.
PERMIT NO. MI0006114 Page 19 of 25

PART II

Section C. Reporting Requirements

1. Start-up Notification

If the permittee will not discharge during the first 60 days following the effective date of this permit, the permittee

shall notify the Department within 14 days following the effective date of this permit, and then 60 days prior to

the commencement of the discharge.

2. Submittal Requirements for Self-Monitoring Data

Part 31 of Act 451 of 1994, as amended, specifically Section 324.3110(3) and Rule 323.2155(2) of Part 21

allows the department to specify the forms to be utilized for reporting the required self-monitoring data. Unless

instructed on the effluent limitations page to conduct “Retained Self Monitoring” the permittee shall submit selfmonitoring data via the Department’s Electronic Environmental Discharge Monitoring Reporting (e2-DMR)

system.

The permittee shall utilize the information provided on the e2-Reporting website @

https://secure1.state.mi.us/e2rs/ to access and submit the electronic forms. Both monthly summary and daily

data shall be submitted to the department no later than the 20th day of the month following each month of the

authorized discharge period(s).

3. Retained Self-Monitoring Requirements

If instructed on the effluent limits page to conduct retained self-monitoring, the permittee shall maintain a

year-to-date log of retained self-monitoring results and, upon request, provide such log for inspection to the staff

of the Water Resources Division, Michigan Department of Natural Resources and Environment. Retained

self-monitoring results are public information and shall be promptly provided to the public upon request.

The permittee shall certify, in writing, to the Department, on or before January 10th of each year, that: 1) all

retained self-monitoring requirements have been complied with and a year-to-date log has been maintained; and

2) the application on which this permit is based still accurately describes the discharge. With this annual

certification, the permittee shall submit a summary of the previous years monitoring data. The summary shall

include maximum values for samples to be reported as daily maximums and/or monthly maximums and

minimum values for any daily minimum samples.

4. Additional Monitoring by Permittee

If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this

permit, using approved analytical methods as specified above, the results of such monitoring shall be included in

the calculation and reporting of the values required in the Discharge Monitoring Report. Such increased

frequency shall also be indicated.

Monitoring required pursuant to Part 41 of the Michigan Act or Rule 35 of the Mobile Home Park Commission

Act (Act 96 of the Public Acts of 1987) for assurance of proper facility operation shall be submitted as required

by the Department.

5. Compliance Dates Notification

Within 14 days of every compliance date specified in this permit, the permittee shall submit a written notification

to the Department indicating whether or not the particular requirement was accomplished. If the requirement

was not accomplished, the notification shall include an explanation of the failure to accomplish the requirement,

actions taken or planned by the permittee to correct the situation, and an estimate of when the requirement will

be accomplished. If a written report is required to be submitted by a specified date and the permittee

accomplishes this, a separate written notification is not required.
PERMIT NO. MI0006114 Page 20 of 25

PART II

Section C. Reporting Requirements

6. Noncompliance Notification

Compliance with all applicable requirements set forth in the Federal Act, Parts 31 and 41 of the Michigan Act,

and related regulations and rules is required. All instances of noncompliance shall be reported as follows:

a. 24-hour reporting - Any noncompliance which may endanger health or the environment (including

maximum daily concentration discharge limitation exceedances) shall be reported, verbally, within 24

hours from the time the permittee becomes aware of the noncompliance. A written submission shall

also be provided within five (5) days.

b. other reporting - The permittee shall report, in writing, all other instances of noncompliance not

described in a. above at the time monitoring reports are submitted; or, in the case of retained selfmonitoring, within five (5) days from the time the permittee becomes aware of the noncompliance.

Written reporting shall include: 1) a description of the discharge and cause of noncompliance; and 2) the period

of noncompliance, including exact dates and times; or, if not corrected, the anticipated time the noncompliance

is expected to continue, and the steps taken to reduce, eliminate and prevent recurrence of the noncomplying

discharge.

7. Spill Notification

The permittee shall immediately report any release of any polluting material which occurs to the surface waters

or groundwaters of the state, unless the permittee has determined that the release is not in excess of the

threshold reporting quantities specified in the Part 5 Rules (Rules 324.2001 through 324.2009 of the Michigan

Administrative Code), by calling the Department at the number indicated on the second page of this permit, or if

the notice is provided after regular working hours call the Department’s 24-hour Pollution Emergency Alerting

System telephone number, 1-800-292-4706 (calls from out-of-state dial 1-517-373-7660).

Within ten (10) days of the release, the permittee shall submit to the Department a full written explanation as to

the cause of the release, the discovery of the release, response (clean-up and/or recovery) measures taken, and

preventative measures taken or a schedule for completion of measures to be taken to prevent reoccurrence of

similar releases.

8. Upset Noncompliance Notification

If a process "upset" (defined as 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) has occurred, the permittee who wishes to establish the affirmative defense of upset,

shall notify the Department by telephone within 24-hours of becoming aware of such conditions; and within five

(5) days, provide in writing, the following information:

a. that an upset occurred and that the permittee can identify the specific cause(s) of the upset;

b. that the permitted wastewater treatment facility was, at the time, being properly operated; and

c. that the permittee has specified and taken action on all responsible steps to minimize or correct any

adverse impact in the environment resulting from noncompliance with this permit.

In any enforcement proceedings, the permittee, seeking to establish the occurrence of an upset, has the burden

of proof.
PERMIT NO. MI0006114 Page 21 of 25

PART II

Section C. Reporting Requirements

9. Bypass Prohibition and Notification

a. Bypass Prohibition - Bypass is prohibited unless:

1) bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

2) 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 backup equipment should have been installed in the exercise

of reasonable engineering judgment to prevent a bypass; and

3) the permittee submitted notices as required under 9.b. or 9.c. below.

b. Notice of Anticipated Bypass - If the permittee knows in advance of the need for a bypass, it shall submit

prior notice to the Department, if possible at least ten (10) days before the date of the bypass, and

provide information about the anticipated bypass as required by the Department. The Department may

approve an anticipated bypass, after considering its adverse effects, if it will meet the three (3)

conditions listed in 9.a. above.

c. Notice of Unanticipated Bypass - The permittee shall submit notice to the Department of an

unanticipated bypass by calling the Department at the number indicated on the second page of this

permit (if the notice is provided after regular working hours, use the following number: 1-800-292-4706)

as soon as possible, but no later than 24 hours from the time the permittee becomes aware of the

circumstances.

d. Written Report of Bypass - A written submission shall be provided within five (5) working days of

commencing any bypass to the Department, and at additional times as directed by the Department. The

written submission shall contain a description of the bypass and its cause; the period of bypass,

including exact dates and times, and if the bypass has not been corrected, the anticipated time it is

expected to continue; steps taken or planned to reduce, eliminate, and prevent reoccurrence of the

bypass; and other information as required by the Department.

e. 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 9.a., 9.b., 9.c., and 9.d., above. This

provision does not relieve the permittee of any notification responsibilities under Part II.C.10. of this

permit.

f. Definitions

1) Bypass means the intentional diversion of waste streams from any portion of a treatment facility.

2) 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.
PERMIT NO. MI0006114 Page 22 of 25

PART II

Section C. Reporting Requirements

10. Notification of Changes in Discharge

The permittee shall notify the Department, in writing, within 10 days of knowing, or having reason to believe, that

any activity or change has occurred or will occur which would result in the discharge of: 1) detectable levels of

chemicals on the current Michigan Critical Materials Register, priority pollutants or hazardous substances set

forth in 40 CFR 122.21, Appendix D, or the Pollutants of Initial Focus in the Great Lakes Water Quality Initiative

specified in 40 CFR 132.6, Table 6, which were not acknowledged in the application or listed in the application at

less than detectable levels; 2) detectable levels of any other chemical not listed in the application or listed at less

than detection, for which the application specifically requested information; or 3) any chemical at levels greater

than five times the average level reported in the complete application (see the first page of this permit for the

date(s) the complete application was submitted). Any other monitoring results obtained as a requirement of this

permit shall be reported in accordance with the compliance schedules.

11. Changes in Facility Operations

Any anticipated action or activity, including but not limited to facility expansion, production increases, or process

modification, which will result in new or increased loadings of pollutants to the receiving waters must be reported

to the Department by a) submission of an increased use request (application) and all information required under

Rule 323.1098 (Antidegradation) of the Water Quality Standards or b) by notice if the following conditions are

met: 1) the action or activity will not result in a change in the types of wastewater discharged or result in a

greater quantity of wastewater than currently authorized by this permit; 2) the action or activity will not result in

violations of the effluent limitations specified in this permit; 3) the action or activity is not prohibited by the

requirements of Part II.C.12.; and 4) the action or activity will not require notification pursuant to Part II.C.10.

Following such notice, the permit may be modified according to applicable laws and rules to specify and limit any

pollutant not previously limited.

12. Bioaccumulative Chemicals of Concern (BCC)

Consistent with the requirements of Rules 323.1098 and 323.1215 of the Michigan Administrative Code, the

permittee is prohibited from undertaking any action that would result in a lowering of water quality from an

increased loading of a BCC unless an increased use request and antidegradation demonstration have been

submitted and approved by the Department.

13. Transfer of Ownership or Control

In the event of any change in control or ownership of facilities from which the authorized discharge emanates,

the permittee shall submit to the Department 30 days prior to the actual transfer of ownership or control a written

agreement between the current permittee and the new permittee containing: 1) the legal name and address of

the new owner; 2) a specific date for the effective transfer of permit responsibility, coverage and liability; and 3)

a certification of the continuity of or any changes in operations, wastewater discharge, or wastewater treatment.

If the new permittee is proposing changes in operations, wastewater discharge, or wastewater treatment, the

Department may propose modification of this permit in accordance with applicable laws and rules.
PERMIT NO. MI0006114 Page 23 of 25

PART II

Section D. Management Responsibilities

1. Duty to Comply

All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge

of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall

constitute a violation of the permit.

It is the duty of the permittee to comply with all the terms and conditions of this permit. Any noncompliance with

the Effluent Limitations, Special Conditions, or terms of this permit constitutes a violation of the Michigan Act

and/or the Federal Act and constitutes grounds for enforcement action; for permit termination, revocation and

reissuance, or modification; or denial of an application for permit renewal.

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.

2. Operator Certification

The permittee shall have the waste treatment facilities under direct supervision of an operator certified at the

appropriate level for the facility certification by the Department, as required by Sections 3110 and 4104 of the

Michigan Act. Permittees authorized to discharge storm water shall have the storm water treatment and/or

control measures under direct supervision of a storm water operator certified by the Department, as required by

Section 3110 of the Michigan Act.

3. Facilities Operation

The permittee shall, at all times, properly operate and maintain all treatment or control facilities or systems

installed or used by the permittee to achieve compliance with the terms and conditions of this permit. Proper

operation and maintenance includes adequate laboratory controls and appropriate quality assurance

procedures.

4. Power Failures

In order to maintain compliance with the effluent limitations of this permit and prevent unauthorized discharges,

the permittee shall either:

a. provide an alternative power source sufficient to operate facilities utilized by the permittee to maintain

compliance with the effluent limitations and conditions of this permit; or

b. upon the reduction, loss, or failure of one or more of the primary sources of power to facilities utilized by

the permittee to maintain compliance with the effluent limitations and conditions of this permit, the

permittee shall halt, reduce or otherwise control production and/or all discharge in order to maintain

compliance with the effluent limitations and conditions of this permit.

5. Adverse Impact

The permittee shall take all reasonable steps to minimize any adverse impact to the surface waters or

groundwaters of the state resulting from noncompliance with any effluent limitation specified in this permit

including, but not limited to, such accelerated or additional monitoring as necessary to determine the nature and

impact of the discharge in noncompliance.
PERMIT NO. MI0006114 Page 24 of 25

PART II

Section D. Management Responsibilities

6. Containment Facilities

The permittee shall provide facilities for containment of any accidental losses of polluting materials in

accordance with the requirements of the Part 5 Rules (Rules 324.2001 through 324.2009 of the Michigan

Administrative Code). For a Publicly Owned Treatment Work (POTW), these facilities shall be approved under

Part 41 of the Michigan Act.

7. Waste Treatment Residues

Residuals (i.e. solids, sludges, biosolids, filter backwash, scrubber water, ash, grit, or other pollutants or wastes)

removed from or resulting from treatment or control of wastewaters, including those that are generated during

treatment or left over after treatment or control has ceased, shall be disposed of in an environmentally

compatible manner and according to applicable laws and rules. These laws may include, but are not limited to,

the Michigan Act, Part 31 for protection of water resources, Part 55 for air pollution control, Part 111 for

hazardous waste management, Part 115 for solid waste management, Part 121 for liquid industrial wastes, Part

301 for protection of inland lakes and streams, and Part 303 for wetlands protection. Such disposal shall not

result in any unlawful pollution of the air, surface waters or groundwaters of the state.

8. Right of Entry

The permittee shall allow the Department, any agent appointed by the Department or the Regional

Administrator, upon the presentation of credentials:

a. to enter upon the permittee’s premises where an effluent source is located or in which any records are

required to be kept under the terms and conditions of this permit; and

b. at reasonable times to have access to and copy any records required to be kept under the terms and

conditions of this permit; to inspect process facilities, treatment works, monitoring methods and

equipment regulated or required under this permit; and to sample any discharge of pollutants.

9. Availability of Reports

Except for data determined to be confidential under Section 308 of the Federal Act and Rule 2128 (Rule

323.2128 of the Michigan Administrative Code), all reports prepared in accordance with the terms of this permit

shall be available for public inspection at the offices of the Department and the Regional Administrator. As

required by the Federal Act, effluent data shall not be considered confidential. Knowingly making any false

statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of

the Federal Act and Sections 3112, 3115, 4106 and 4110 of the Michigan Act.
PERMIT NO. MI0006114 Page 25 of 25

PART II

Section E. Activities Not Authorized by This Permit

1. Discharge to the Groundwaters

This permit does not authorize any discharge to the groundwaters. Such discharge may be authorized by a

groundwater discharge permit issued pursuant to the Michigan Act.

2. POTW Construction

This permit does not authorize or approve the construction or modification of any physical structures or facilities

at a POTW. Approval for the construction or modification of any physical structures or facilities at a POTW must

be by permit issued under Part 41 of the Michigan Act.

3. Civil and Criminal Liability

Except as provided in permit conditions on "Bypass" (Part II.C.9. pursuant to 40 CFR 122.41(m)), nothing in this

permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance, whether or

not such noncompliance is due to factors beyond the permittee’s control, such as accidents, equipment

breakdowns, or labor disputes.

4. Oil and Hazardous Substance Liability

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 may be subject under Section 311 of the

Federal Act except as are exempted by federal regulations.

5. State Laws

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 established pursuant to any applicable state law or regulation

under authority preserved by Section 510 of the Federal Act.

6. Property Rights

The issuance of this permit does not convey any property rights in either real or personal property, or any

exclusive privileges, nor does it authorize violation of any federal, state or local laws or regulations, nor does it

obviate the necessity of obtaining such permits, including any other Department of Natural Resources and

Environment permits, or approvals from other units of government as may be required by law.