PermitNo.: SD-0000078 

### SOUTHDAKOTADEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES JOEFOSS BUILDING 523 EAST CAPITOLAVENUE PIERRE, SOUTHDAKOTA57501-3181
AUTHORIZATIONTO DISCHARGE UNDERTHE SURFAcEWATERDIScHARGE SYSTEM
In compliance with



## theJi~~visionll,:oftheSouth Dakota



## iiat~r Po)jutioii·Control Act andthe Administrative Rules ofSouth Dakota

**(ARS9~'Chal_[te~s** 9·ZI:52:0t through

**14:52~:\cl.,** John Morrell and Compj!ny · is authorized to dischaljge



## IJiQj!lits;'p:tea\-Pl'£t~g **~.ilil¥** located 1 in Sioux Fall;.-in



## Seilti~n'~, Township 101 North, Range49 West (Latitt.t"<!e

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## 'r: ·· tiC\ ;;;;::;

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totheBigSioux

**Riv~r,**

Signed this 29th day ofMarch, 2000.

Nettie H. Myers Secretary Department ofEnvironment andNatural Resources 2005.

Amended: July 5, 2000 Effective: August I, 2000PART! Page 2 ol

**~~'** PermitNo: SD-00060>78 TABLE OF CONTENTS Cover Sheet--Issuance andExpiration Dates L Effluent Limits and Monitoring Requirements A, Definitions B. Description ofDischarge Points C. Specific Limits and Self-Monitoring Requirements (Includes Compliance Schedules as Appropriate) II. Monitoring. Recording and Reporting Requirements A. Representative Sampling B. MonitoringProcedures C. Penalties for Tampering D. Reporting ofMonitoringResults E. Compliance Schedules F. Additional Monitoringbythe Permittee G. Records Contents H. Retention ofRecords I. Twenty-fourHourNotice ofNoncomplianceReporting J. OtherNoncompliance Reporting K. Inspection andEntry IlL Compliance Responsibilities A. Duty to Comply B. Penalties for Violations ofPermit Conditions C. Needto Halt orReduceActivity not a Defense D. Duty to Mitigate E. Proper Operation and Maintenance F. Removed Substances G. Bypass ofTreatmentFacilities H. Upset Conditions I. Toxic Pollutants J. Changes in Discharge ofToxic Substances IV. General Requirements A. Planned Changes B. AnticipatedNoncompliance C. PermitActions D. Dutyto Reapply E. Dutyto Provide Information F. OtherInformation G. SignatoryRequirements H. Penalties forFalsification ofReports L Availability ofReports J. Oil and Hazardous SubstanceLiability K. Property Rights L. Severability M. Transfers 

### N
_ Reopener Provision 0. ToxicityReopenerProvisionI. PART! ,- 

### ( l ( Page 3 of:LV PermitNo: SD-0000078 EFFLUENTLIMITS AND MONITORING REQUIREMENTS A. Defmitions. I. The "30-day (and monthly) average," other than for fecal coliform bacteria and total 

### coliform bacteria, is the arithmetic average ofall samples collected during a consecutive 30-day period or calendar month, whichever is applicable. Geometric means shall be calculated for fecal coliform bacteria and total coliform bacteria. The calendar month shall be used for purposes of reporting self-monitoring data on discharge monitoring report forms. 2. The "7-day (and weekly) average," is the arithmetic mean ofall samples collected during a consecutive 7-day period or calendar week, whichever is applicable. The 7-day and weekly averages are applicable only to those effluent characteristics for which there are 7-day average effluent limits. The calendar week which begins on Sunday and ends on Saturday, shall be used for purposes of reporting self-monitoring data on discharge monitoring report forms. Weekly averages shall be calculated for all calendar weeks with Saturdays in the month._ Ifa calendarweek overlaps twomonths (i.e., the Sunday is in one month and the Saturday in the following month), the weekly average calculated for that calendar week shall be included in the data for the month that contains the Saturday. 3. "Daily Maximum" ("Daily Max.") is the maximum value allowable in any single sample or instantaneous measurement. 4. "Composite samples" shall be flow proportioned. The composite sample shall, as a minimum, contain at least four (4) samples collected over the compositing period. Unless otherwise specified, the time between the collection ofthe first sample and the last sample shall not be less than six (6) hours nor more than 24 hours. Acceptable methods for preparation ofcomposite samples are as follows:
a. Constant time interval between samples, sample volume proportional to flow rate attime ofsampling; b. Constant time interval between samples, sample volume proportional to total flow (volume) since last sample. Forthe first sample, the flow rate at the time the samplewas collectedmaybe used;
c. Constant sample volume, time interval between samples proportional to flow (i.e., sampletaken every "X" gallons offlow); and, d. Continuous collection of sample, with sample collection rate proportional to flowrate.A, Defmitions (Continued) PAKll/, t Page4

### otLU PermitNo: SD-0000078
5. A "grab" sample, for monitoring requirements, is defined as a single "dip and take" sample collected at arepresentativepointin the discharge stream. 6. An "instantaneous" measurement, for monitoring requirements, is defmed as a single 

### reading, observation, ormeasurement. 7. "Upset11 means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limits because offactors beyond the reasonable control ofthe permittee. Anupset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate 

### treatmentfacilities, lack ofpreventivemaintenance, or careless orimproperoperation. 8. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. 9. "Severe property damage" means substantial physical damage to property, daroage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss ofnatural resources which can reasonably be expected to occur in the absence ofa bypass. Severe property damage does not mean economic loss caused by delays in production. I0. "Secretary" means the Secretary ofthe South Dakota Department ofEnvironment and Natural Resources, or authorized representative. II. "SDDENR" means the South DakotaDepartment ofEnvironment and Natural Resources. 12. "Sewage Sludge" is any solid, semi-solid or liquid residue that contains materials removed from domestic sewage during treatment. Sewage sludge includes, but is not limited to, primary and secondary solids and sewage sludgeproducts. 13. "Acute Toxicity" occurs when 50percent ormore mortality is observed for either species (See Part LC.) at any effluent concentration. Mortality in the control must simultaneouslybe 10 percent orlessforthe effluentresultstobe consideredvalid. 14. "Chronic Toxicity" occurs when the survival, growth, or reproduction, as applicable, for either test species, at the effluent dilution(s) designated in this permit (see Part LC.), is significantly less (at the 95 percent confidence level) than that observed for the control specrmens. 15. "IC25" (inhibition concentration) is a point estimate of the toxicant concentration that would cause a25% reduction 

### in anonlethalbiologicalmeasurementofthe test organism, such as reproduction orgrowth. 16. "NOEC" (no observed effect concentration) is the highest tested concentration of an effluent or a toxicant at which no adverse effects are observed on the aquatic test organism at a specific time ofobservation. Determinedusinghypothesistesting.l'AKl J 

### Page 5 ot

### Lv PermitNo: SD-0000078 B. 

### Description ofDischarge Points The authorization to discharge provided under this permit is limited to those outfalls specifically designated below as discharge locations. Discharges at any location not authorized under a SWD permit is a violation of the South Dakota Water Pollution Control Act and could subject the person{s) responsible for such discharge to penalties under Section 34A-2-75 of the Act. Knowingly discharging from an unauthorized location or failing to report an 

### unauthorized discharge within a reasonable time from the first learning of an unauthorized discharge could 

### subject such person to criminal penalties as provided under the South Dakota Water Pollution Control Act. Outfall Serial Number 001 Description ofDischarge Point Any discharge from the wastewater treatment facility to the Big Sioux River, approximately 1/8 mile above the Big Sioux Diversion Ditch (Latitude 43" 34' 00", Longitude 96"

### 43' 11 ")PART! Page 6 or /-V PermitNo: SD-0000078 C. Specific Limits and Self-Monitoring Requirements 1. EffluentLimits Effective immediately and lasting through the life ofthis permit, the quality ofeffluent discharged by the facility shall, as a minimum, meetthe limits as set forth below:



### - Effiuehl

### Limit 

### -



# Effid~nt CharacteristiC.-
__ ,



### - - 

# , - : i



### -40-Day Ayerage 1 DallyMaximum 1

/ BOD,, lbs/day ' Spring (April- May) 1000 1,849 v Summer (June- August) 667 1,849 j Fall (September- October) 1000 1,849 /Winter (November- March) 1000 1,849 Total Suspended Solids, lbs/day 1,100 2,200 200 400 Fecal Coliform, no_/100 mL 1 (May I

- Sept_ 30) (Year-round) J Ammonia-Nitrogen, lbs/day (as N) "'Spring (April- May) 

# I 70 

# I 123 J Summer (June- August) 

# I 58 

# I 102 /Fall (September- October) 

# I 75 

# I 131

'Winter (November- March) 163 285 j

# , Dissolved Oxygen, mg/L

- Spring (April- May) 5.0 3 Summer (June- August) NIA 5.0 3 Fall (September- October) 5.0 3 Winter (November- March) 5.0 3 Total Residual Chlorine, mg!L 4 (applicable only if NIA 0.019 effluent is chlorinated) 

### J

i, ubi! and grease 352 lbs/day 10 mg!L 

## ' ThepH ofthe discharge shall notbe lessthan 6.5 units norgreaterthan 9.0 units in any sample. J The discharge shall not impart a visible film or sheen to the surface ofthe waterorto tbe adjoining shorelines.

v There shall be no Chronic Toxicity, as described in Part LC.3.

1 See Definitions, Part LA. 1 Fecal Coliform organisms from May I to September 30 maynot exceed a concentration of200per 100 milliliters

as ageometric mean based on a minimum of5 samples obtained during separate 24-hourperiods for any 30-day period, andthey may not exceedthis value in more than 20 percentofthe samples examinedin this 30-dayperiod. They may not exceed 400 per 100milliliters in any one sample. This limit shall apply year-round. 1 The dissolved oxygen limit applies as a dailyminimum_ 4 Total residual chlorine measurements below 0.05 mg!L shall not be considered violations ofthe total residual

chlorine limit.PAKr" 

### ( 

## ' Page' v,_ 20 PermitNo: SD-0000078 C. Specific Limits and Self-Monitoring Requirements 2. Self-Monitoring Requirements

- Outfall 001 As a minimum, upon the effective date of this permit, the following parameters shall be monitored at the frequency and with the type of measurement indicated; samples or measurements shall be representative ofthe volume and nature ofthe monitored discharge. If no discharge occurs during the entire monitoring period, it shall be stated on the Discharge Monitoring Report Form (EPA No. 3320-1)thatno discharge oroverflow occurred
.



### li.ffii.r~i!t **Chi>1"l!~teristic** 

### .·•

.. 

### ... Frequency ·.··· 

### Reporting

## VIII!Jes( 

## ••••



## _.S~~~le~~~ ·. Rate ofDischarge, MGD Continuous daily maximum; Instantaneous 30-day average presence or absence Oil and Grease, mg/L Daily ofsheen; daily Visual/Grab 2 maximum Oil and Grease, mg!L Weekly dailymaximum Grab 2 Oil and Grease, lbs/day 8 Monthly 30-day average Calculated pH, standard units ' Daily daily minimum; Instantaneous 3 daily maximum Total Residual Chlorine, mg/L (Required only ifthe effluent is Daily daily maximum 4 Grab chlorinated) Dissolved Oxygen, mg/L Five times per week daily minimum Grab Five-DayBiochemical Oxygen Fivetimes per week daily maximum; Composite Demand, mg!L 30-dayaverage Five-Day Biochemical Oxygen As sampleresults are daily maximum; Calculated Demand, lbs/day 8 received 30-dayaverage Total Suspended Solids, mg!L Fivetimes per week dailymaximum; Composite 30-dayaverage Total Suspended Solids, lbs/day 8 As sampleresults are daily maximum; Calculated received 30-dayaverage

1 See defmitions, Part I.A. ofpermit. 2 The presence orabsence ofan oil sheen shall be visually monitored. In the event thatan oil sheen or

floating oil is observed during discharge, grab samples shall be taken immediately, analyzed and reported. At a minimum, a sample shall be taken and analyzed weekly for oil and grease. 3 pH is to be takenwithin 15 minutes ofsample collectionwith a pH meter. ThepHmeter mustbe capable of

simultaneous calibration to two points on the pH scale thatbracket the expected pH and are approximately three standard units apart. ThepHmetermustreadto 0.0I standard units and be equippedwithtemperature compensation adjustment. 4 SDDENR considers the analytical detection limit fortotal residual chlorine to be 0.05 mg!L and for

ammoniato be 0.01 mg/L. lfthe effluentvalue is less thanthe analytical detection limit, "0" shall be used for reporting and averaging purposes.

Amended: July 5, 2000 Effective: August I,2000PAJjV"' 

## ( Page o Jf20 PermitNo: SD-0000078 C. Specific Limits and Self-Monitoring Requirements 2" Self-Monitoring Requirements- Outfall 001 EffluentChar,;;;teristic Frequency

**Rep~~ting** Values 1 SampleType1 

### daily maximum; Fecal Coliform, no)IOO mL Five times per week 5 30-day geometric Grab mean Water Temperature, oc 7 Five times per week daily maximum; Instantaneous 6 30-day average Ammonia-Nitrogen, mg/L (asN) 7 

### Three times perweek daily maximum; 4 Composite 30-day average Ammonia-Nitrogen, lbs/day (as N) 8 As sampleresults are daily maximum; Calculated received 30-day average Nitrates, mg/L (as N) daily maximum; Grab or Monthly 30-day average Composite FivecDay Carbonaceous Biochemical daily maximum; Grab or Oxygen Demand (CBOD5),mg!L Monthly 30-day average Composite Chronic Whole Effluent Toxicity Quarterly 9 see PartLC.3 Grab

5 Forfecal coliform, all samples collected in a 30-dayperiod shallbe used in determining the geometric



### mean. 6 The watertemperature ofthe effluent shall be taken as a field measurementatthe timeofsampling"

Measurement shallbe made with a mercury-filled, ordial typethermometer, or a thermistoL Readings shallbereported to the nearestwhole degree Celsius. 7 ThepH andtemperature ofthe effluent shall be determined during when ammoniasamples are collected.
8 Dailyloading (lbs/day) shall be calcnlatedbymultiplyingthe discharge flow rate (million gallons perday)

bythe measured pollutant concentration {mg/L) times 834(aconversion factor). 30-dayaverage loading (lbs/day) shall be calculated by averaging the computeddaily loadings (lbs/day). 9 Thepermittee shallobtain and analyze a valid chronic whole effluenttoxicity sample at least once during

each calendarquarter.

Amended: July 5, 2000 Effective: August I, 2000

### PART! Page 9ol LJ 

### PermitNo: SD-0000078 C. 

### Specific Limits and Self-MonitoringRequirements 3. Whole Effluent Toxicity Testing- Chronic Toxicity Effective immediately, the permittee shall, at least once each quarter, conduct chronic short-term toxicity tests on the final effluent. Ifchronic toxicity is detected, an additional test shall be conducted within two weeks ofthe date of when the permittee learned ofthe test failure. The need for any additional samples shallbe determinedby the Secretary. The chronic toxicity tests shall be conducted in accordance with the procedures set out in the latest revision of "Short Term Methods for Estimating the Chronic Toxicity ofEffluents and Receiving Waters to Freshwater Organisms", EPA/600-4-91-002, July 1994, and the "Region Vlll EPA NPDES Chronic Test Conditions- Whole Effluent Toxicity". In 

### case ofconflicts, the Region VIII 

### procedure will prevail. Test species shall consist of Ceriodaphnia dubia and Pimephales promelas (fathead minnows). A multi dilution test consisting of five concentrations and a control is required. The 

### Secretary or EPA may require both species to be tested each quarter if effluent monitoring results indicate there is a concern. Iftest acceptability criteria is not met for control survival, growth, or 

### reproduction, the test shall be considered invalid. Chronic toxicity occurs when, during a chronic toxicity test, the 25% inhibition concentration (IC25) calculated on the basis oftest organism survival and growth or survival and reproduction, is less than 

### orequalto the following eftluentconcentrations: Season 

### Spring (Apr- May) Summer (Jun- Aug) Fall (Sep- Oct) Winter(Nov

- Mar) Chronic WET Test IC25 

### 36% 36% 48% 47% Test results shall be reported along with the Discharge Monitoring Report (DMR) submitted for the end ofthe calendarperiod during which the whole effluent test was run (e.g. results for the calendar quarter ending March 31 shall be reported with the DMR due April 28, with the remaining reports submitted with DMRs due each July 28, October 28, and January 28). Monthly test results shall be reported along with the DMR submitted for that month. The format for the report shall be consistent with the latest revision ofthe "Region VIII 

### Guidance for Chronic Whole Eftluent Reporting", and shall include allthe physical and chemicaltesting as specified. Ifthe results for one year (four consecutive quarters) ofwhole effluent testing indicate no chronic toxicity, the permittee may requestthe permit issuing authority to allow the permittee to reduce testing frequency, and/or reduce testing to one species on an alternating basis, and/or modifY testing to the acute test program. The permit issuing authority may·approve, partially approve, or deny the request based on results and other available information. Ifapproval is given, the modification will take place without apublic notice.C. SpecificLimits and Self-MonitoringRequirements 4. Toxicity Reduction Evaluation (TRE) Toxicity Identification Evaluation (TIE) PART Page 10 of20 PermitNo: SD-0000078

Should acute toxicity and/or chronic toxicity be detected in the permittee's discharge, a TIE-TRE shall be undertaken by the permittee to establish the cause of the toxicity, locate the source(s) of the toxicity, and develop control of, or treatment for the toxicity. Failure to initiate, or conduct an adequate TIE-TRE, or delays in the conduct ofsuch tests, shall not be considered ajustification for noncompliance with the whole effluent toxicity limits contained in PartI.C.l. ofthis permit. A TRE plan needs to be submitted to the permitting authority within 45 days after confiTillation of the continuance ofeffluenttoxicity. 5. Inspection Requirements The permittee shall inspect its wastewater treattnent facility on at least a daily basis. The inspection shall be conducted to determine 

### ifproper operation and maintenance procedures are being undertaken at the wastewater treattnent facility. The permittee shall maintain a notebook recording information obtained during the inspection. At aminirourn, the notebook shall includethe following:
a. Date and time ofthe inspection; b. Name ofthe inspector(s); c. Identification ofoperational problems and/ormaintenance problems; d. Recommendations, as appropriate, toremedy identifiedproblems; e. A briefdescription ofany actionstaken with regardto problems identified; and f. Other information, as appropriate. The permittee shall maintain the notebook in accordance with proper record-keeping procedures and shall make the notebook available for inspection, upon request, by the Secretary or the U.S. Environmental Protection Agency.PART I! / \ Page II of20 PermitNo: SD-0000078 II. MONITORING, RECORDINGAND REPORTING REQUIREMENTS A. Representative Sampling. Samples taken in compliance with the monitoring requirements established under Part I shall be collected from the effluent stream prior to discharge into the receiving waters. Samples and measurements shall be representative ofthe volume and nature of the monitored discharge. B. Monitoring Procedures. Monitoring must be conducted according to test procedures approved under ARSD 74:52:03:06, a.b.r. 40 CFR, Part 136, unless other test procedures have been specified in this permit. C. Penalties for Tampering. Any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, bepunishedby a Class 1 misdemeanor. In 

### addition to ajail sentence authorized by SDCL 22-6-2, a Class I misdemeanor imposed by SDCL, Chapter 34A-2, is subject to a criminal fine not to exceedten thousand dollars per day ofviolation. The violator is also subject to a civil penalty not to exceed ten thousand dollars per day of violation, for damages to the environmentofthis state, orboth. D. Reporting ofMonitoring Results. Effluentmonitoring results obtained during the previous month shall be summarized and reported on a Discharge Monitoring Report Form (EPA No. 3320-1), postmarked no later than the 28th day ofthe month following the completed reporting period. If no discharge occurs during the reporting period, "no discharge" shallbe reported. Whole effluent toxicity (biomonitoring) results mustbereported on the most recent version ofEPA Region VIII's Guidance For Whole Effluent Reporting. Legible copies ofthese, and all other reports required herein, shall be signed and certified in accordance with the Signatory Requirements (see Part IV), and· submittedtothe Secretary andEPA atthe following addresses: original to:

copy to: SouthDakotaDepartment of Environment and Natural Resources Surface Water Quality Program Joe Foss Building 523 East CapitolAvenue Pierre, South Dakota 57501-3181 United States Environmental Protection Agency RegionVlll Plarming and Targeting Program (ENF-PT) 999 18th Street, Suite 500 Denver, Colorado 80202-2466 E. Compliance Schedules. Reports ofcompliance ornoncompliance with, or any progress reports on interim and final requirements contained in any Compliance Schedule of this permit shall be submittedno laterthan 14 days following each schedule date. F. Additional Monitoring by the Permittee. Ifthe permittee monitors any pollutant more frequently than required by this permit, using test procedures approved underARSD 74:52:03:06, a.b.r. 40 CFR 136 or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting ofthe data submitted in the DMR. Such increased frequency shall also beindicated.PART IL l' Page 12 or 20 PermitNo: SD-0000078 G. Records Contents. Records ofmonitoring information shall include: 1. The date, exactplace, and time ofsampling ormeasurements; 2. The initials or name(s) of the individual(s) who performed the sampling or measurements; 3. The date(s) analyses were performed; 4. The time analyses were initiated; 5. The initials orname(s) ofindividual(s)whoperformedthe aualyses; 6. References and written procedures, when available, for the aualytical techniques or 

### methods used; and, 7. The results ofsuch analyses, including the bench sheets, instrument readouts, computer disks ortapes, etc., usedto determine theseresults. H. Retention ofRecords. The permittee shall retain records ofall monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies ofall reports required by this permit, and records ofall data used to complete the application for this permit, for a period ofat least three years from the date ofthe sample, measurement,report or application. This period maybe extended by request ofthe Secretary at any time. Datacollected on site, copies ofDischarge MonitoringReports, and a copy ofthis permitmustbe maintained onsite during the duration ofactivity atthepermitted location. I. Twenty-fourHourNotice ofNoncompliance Reporting. I. The permittee shall report any noncompliance which may endanger health or the environment as soon as possible, but no later than twenty-four (24) hours from the time the permittee first became aware ofthe circumstances. The report shall be made to the State of South Dakota at (605) 773-3231 and the EPA, Region VIII, Emergency Response Branch at (303) 293-1788. 2. The following occurrences of noncompliance shall be reported by telephone to the Secretary at (605) 773-3351 by the first workday (8:00 a.m. -4:30p.m. Central Time) following the day the permitteebeca!Jle aware ofthe circumstances:
a. Any unanticipated bypass which exceeds any effluent limit in the permit (See Part III.G., Bypass ofTreatmentFacilities.); b. Anyupset which exceeds any effluent limit in thepermit (See Part III.H., Upset Conditions.); or,
c. Violation ofa maximum daily discharge limit for any ofthe pollutants listed in the permittobereported within 24 hours.PART

**II~** / f \ Page 13 ot20 PermitNo: SD-0000078 I. Twenty-four HourNotice ofNoncompliance Reporting. (Continued) 3. A written submission shall also be provided within five days of the time that the permittee becomes aware ofthe circumstances. The written submission shall contain:
a. A description ofthe noncompliance and 

### its cause; b. The period ofnoncompliance, including exact dates and times;
c. The estimated time noncompliance is expected to continue 

### if it has not been corrected; and, d. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 4. The Secretary may waive the written report on a case-by-case basis ifthe oral report has been received within 24 hours by the Surface Water Quality Program, South Dakota Department ofEnvironment and Natural Resources, Pierre, (605) 773-3351. 5. Reports shall be submitted to the addresses in Part JI.D., Reporting of Monitoring Results. J. Other Noncompliance Reporting. Instances ofnoncompliance not required to be reported within 24 hours shall be reported at the time that monitoring reports for Part II.D. are submitted. The reports shall contain the information listed in Part 11.1.3. K. Inspection and Entry. The permittee shall allow the Secretary or EPA, upon the presentation of credentials and other documents as may be required by law, to: 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, orwhere records must be kept under the conditions ofthis permit; 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions ofthis permit; 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required underthis permit; and, 4. Sample or monitor at reasonable times, for the purpose ofassuring pennit compliance or as otherwise authorizedbythe Act, any substances orparameters atany location.Ill. COMPLIANCE RESPONSIBILITIES PART

**~T** 

### \ Page 14 ot20 PermitNo: SD-0000078
A. Duty to Comply. The permittee must comply with all conditions ofthis permit. Any permit noncompliance constitutes aviolation oftheAct and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. The permittee shall give the director advance notice ofany planned changes at the permittedfacility orofan activity which mayresult in permitnoncompliance. B. Penalties for Violations ofPermit Conditions. Any person who violates a permit condition shall, upon conviction, be punishedby a Class 1misdemeanor. In addition to ajail sentence authorized by SDCL 22-6-2, a Class I misdemeanor imposed by SDCL, Chapter 34A-2, is subject to a criminal fme notto exceed ten thousand dollars perday ofviolation. The violator is also subject to a civil penalty not to exceed ten thousand dollars per day of violation, for damages to the environment of this state. Except as provided in permit conditions on Part III.G., ByPass of Treatment Facilities and PartIILH., Upset Conditions, nothing in this permit shallbe construed to relieve the permittee ofthe civil or criminalpenalties for noncompliance. C. 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 pennitted activity in order to maintain compliance

### with the conditions ofthis permit. D. Duty to Mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. E. Proper Operation and Maintenance. Thepermittee shall at all times properly operate andmaintain all facilities and systems oftreatment andcontrol (andrelated 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 ofback-up or auxiliary facilities or similar systems which are instalied by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. However, the permittee shall operate, as a minimum, one complete set ofeachmain line unit treatment processwhetheror not this process is neededto achievepermit effluent compliance. F. Removed Substances. Collected screenings, grit, solids, sludges, or other pollutants removed in the course oftreatment shall be disposed ofin such a manner so as to prevent any pollutant from entering any waters ofthe state orcreating a health hazard. Sludge/digestor supernatant and filter backwash shall notbe directly blended with or enter either the final plant discharge and/or waters ofthe State. G. Bypass ofTreatmentFacilities: I. Bypass not exceeding limits. The permittee may allow any bypass to occur which does not cause effluent limits to be exceeded, but only if

### it also is for essential maintenance to assure efficient operation. Thesebypasses are not subjecttothe provisions ofparagraphs 2. and 3. ofthis section.PART

**IIJ~** / 

### z Page 15 or20 PermitNo:

**SD~0000078**

**G~** Bypass ofTreatment Facilities: (Continued)

**2~** Notice:

**a~** Anticipated

**bypass~** Ifthe permittee knows in advance ofthe need for abypass, it shall submit prior notice, ifpossible at least 60 days before the date ofthe

**bypass~**

**b~** Unanticipated

**bypass~** The permittee shall submit notice of an unanticipated bypass as required under PartILl.,

**Twenty~**four Hour

**Reporting~** 3

**~** Prohibition of

**bypass~**

**a~** Bypass is prohibited and the Secretary may take enforcement action against a permittee for a bypass, unless: (I) The bypass was unavoidable to prevent loss oflife, 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 back-up equipment should have been installed in the exercise ofreasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and, (3) The permittee submitted notices as required under paragraph

**2~** ofthis section. b. The Secretary may approve an anticipated bypass, after considering its adverse effects, ifthe Secretary determines that it will meet the three conditions listed above in paragraph

**3~a~** ofthis

**section~** H. Upset

**Conditions~**

**I~** Effect ofan

**upset~** An upset constitutes an affirmative defense to an action brought for noncompliance with technology based permit effluent limits if the requirements of paragraph

**2~** 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 fmal administrative action subject tojudicial review (i.e., Permittees will have the opportunity for ajudicial determination on any claim ofupset only in an enforcement action brought for noncompliance with technology-based permit effluent

**limits)~**PART [)} 

# ( Page 16 ot20 PermitNo: SD-0000078 H. UpsetConditions. (Continued) 2. Conditions necessary for a demonstration ofupset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly sigued, 

### contemporaneous operating logs, or otherrelevant evidence that:
a. Anupset occurred and thatthe permittee can identifythe cause(s) ofthe upset; b. The permittedfacility was atthe time beingproperly operated;
c. The permittee submittednotice ofthe upset as required under Part 

### ILL, Twentyfour HourNotice ofNoncompliance Reporting; and, d. The permittee complied with any remedial measures required under Part !ILD., Dutyto Mitigate. 3. Burden ofproof. In any enforcementproceeding, the permittee seeking to establish the occurrence ofan upsethas theburden ofproof I. Toxic Pollutants. The permittee shall comply with effluent standards or prohibitions established under Section 307(a) ofthe Federal Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards orprohibitions, even ifthe permithas notyetbeen modifiedto incorporatethe requirement. J. Changes in Discharge of Toxic Substances. Notification shall be provided to the Secretary as soon as the permittee knows of, or has reason to believe that any activity has occurred or 

### will occur which would result in the discharge ofa toxic

**pollutan~** as defmed in ARSD 74:52:01:01, which is not limited in the permit and ifthat discharge will exceed the highest ofthe following 

### notification levels: (I) Onehundredmicrogramsperliter (100 f!g/L); (2) Two hundredmicrograms perliter (200 flg/L) for acrolein and acrylonitrile; (3) Five hundred micrograms per liter (500 f!g/L) for 2,4-dinitrophenol and for 2-methyl-4, 6-dinitrophenol; (4) One milligram perliter (I mg!L) for antimony; or (5) Five (5) times the maxirnmn concentration valuereported for that pollutant in the permit application.PART I}! 

## ( Page 17 of20 PermitNo: SD-0000078 

### IV. GENERAL REQUIREMENTS A. Planned Changes. The permittee shall give notice to the Secretary as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when the alteration or addition could significantly changethe nature orincrease the quantity ofpollutant discharged. This notification applies to pollutants which are not subject to effluent limits in the permit. The alteration or addition to a permitted facility may meet one of the criteria for determiningwhether a facility is a new source (seeARSD, Chapter 74:52:01:01(30)). B. Anticipated Noncompliance. The permittee shall give advance notice to the Secretary of any planned changes in the permitted facility or activity which may result in noncompliance with permitrequirements. C. PermitActions. This permitmay be modified, revoked andreissued, orterminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or anotification ofplanned changes or anticipated noncompliance, does not stay any permit condition. D. Dutyto Reapply. Ifthepermittee 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. The application shouldbe submitted at least 180 days before the expiration date ofthispermit. E. Duty to Provide Information. The permittee shall furnish to the Secretary, within a reasonable time, any information which the Secretary 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 Secretary, upon request, copies ofrecords
· requiredto be keptby this permit F. Other Information. When the permittee becomes aware that it failed to submit any relevant facts 

### in a permit application, or submitted incorrect information in apermit application or any report to the Secretary, it shall promptly submit such facts orinformation. G. Signatory Requirements. All applications, reports or information submitted to the Secretary shall be signed and certified. I. Allpermit applications shall be signed as follows:
a. For a corporation: by aresponsible corporate officer; b. For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;
c. For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official.G. Signatory Requirements (Continued) PART

# pr Page 18 of20 PermitNo: SD-0000078
2. All reports required bythe permit and other information requested by the Secretary shall be signed by a person described above or by a duly authorized representative ofthat person. A person is a duly authorizedrepresentative only if:
a. The authorization is made in writing by a person described above and submitted to the Secretary; and, b. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position ofplant manager, superintendent, position ofequivalent responsibility, or an individual or position having overall responsibility for environmental matters. (A duly authorized representative may thus be either a named individual orany individual occupying a namedposition.) 3. Changes to authorization. If an authorization under paragraph IV.G.2. is no longer accurate because a different individual or position has responsibility for the overall operation ofthe facility, a new authorization satisfying the requirements of paragraph IV.G.2. must be submitted to the Secretary prior to or together with any reports, information, or applications to be signed by an authorized representative. 4. Certification. Any person siguing a document under this section shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility offme and 

### imprisonment for knowing violations." H. Penalties for Falsification ofReports. Any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a Class I misdemeanor. In addition to a jail sentence authorized by SDCL 22-6-2, a Class 1 misdemeanor imposed by SDCL, Chapter 34A-2, is subject to a criminal fine not to exceed ten thousand dollars per day ofviolation. The violator is also subject to a civil penalty not to exceed ten thousand dollars per day ofviolation, for damages to the enviromnent ofthis state, orboth. I. Availability ofReports. Except for data determined to be confidential under ARSD 74:52:02:17, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of SDDENR and EPA. Permit applications, permits and effluent data shallnotbe considered confidential. J. Oil and Hazardous Substance Liability. Nothing in this permit shall be consttued topreclude 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 WaterAct.PART 

# J>' Page 19 of20 PermitNo: SD-0000078 K. Property Rights. The issuance ofthis permit does not convey any property rights ofany sort, or any exclusive privileges, nor does 

### it authorize any injury to private property or any invasion of personal rights, nor any infringement offederal, state or local laws orregulations. L. Severability. The provisions ofthis permit are severable, and 

### ifany provision ofthis permit, or the application ofany provision ofthis permitto any circumstance, is held invalid, the application ofsuch provision to other circumstances, and the remainder ofthis pennit, shall not be affected thereby. M. Transfers. This permitmaybe automaticallytransferredto anewpermittee if: I. The current permittee notifies the Secretary at least 30 days in advance ofthe proposed transfer date; 2. The notice includes a written agreement between the ex1stmg and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and, 3. The Secretary does not notify the existing permittee and the proposed new permittee of his or her intent to modify, or revoke and reissue the permit. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned m paragraph 2. above. N. Reopener Provision. This permitmaybe reopened and modified (following proper administrative procedures) to include the appropriate effluent limits (and compliance schedule, ifnecessary), or other appropriate requirements ifone or more ofthe following eventsoccurs: I. Water Quality Staodards: The water quality standards ofthe receiving water(s) to which the permittee discharges are modified in such a manner as to require different effluent limits than contained in this permit. 2. Total Maximum Daily Load: Additional controls in the permit are necessary to implement a total maximum daily load approved bythe Secretary and/orEPA. 3. Water Quality Management Plan: A revision to the current water quality management plan is approved and adopted which calls for different effluent limits than contained in this permit.Page 20 of20 PermitNo: SD-0000078 0. Toxicity Limit-Reopener Provision_ This permit may be reopened and modified (following proper administrative procedures) to include a new compliance date, additional or modified numerical limits, a new or different compliance schedule, a change in the whole effluentprotocol, or any other conditions related to the control oftoxicants 

### ifone or more ofthe following events occur: L Toxicity was detected late in the life of the permit near or past the deadline for compliance. 2. The TRE results indicate that compliance wifh the toxic limits will require an implementation schedule past the date for compliance and the permit issuing authority agrees 

### with the conclusion. 3. The TRE results indicate that thetoxicant(s) representpollutant(s) fhat may be controlled with specific numerical limits, and the permit issuing authority agrees that numerical 

### controls are the most appropriate course ofaction. 4. Following the implementation of numerical controls on toxicants, the permit issuing aufhority agrees tbat a modified whole effluent protocol is necessary to compensate for those toxicantsthat are controllednumerically_ 5. The TRE reveals other unique conditions or characteristics which, 

### in the opinion ofthe permit issuing authority, justify tbe incorporation ofunanticipated special conditions in fhe permit