STATE OF MAINE

Departm ent of Environmental Protection

Paul R. LePage Darryl Brown

GOVERNOR COMMISSIONER

April 25, 2011

Mr. Brian Dawson

Town of Howland Wastewater Treatment Facility

P.O. Box 386

8 Main Street Howland, ME 04448-0386

RE: Maine Pollutant Discharge Elimination System (MEPDES) Permit #ME0101788 Maine Waste Discharge License (W DL) Application #W 002632-6C-F-R

Final Permit/License

Dear Mr. Dawson:

Enclosed, please find a copy of your final MEPDES permit and Maine WDL which was approved by the Department of Environmental Protection. Please read the permit/license and its attached conditions carefully. You must follow the conditions in the order to satisfy the requirements of law. Any discharge not receiving adequate treatment is in vi olation of State law and is subject to enforcement

action.

Any interested person aggrieved by a Department determination made pursuant to applicable regulations, may appeal the decision following the pr ocedures described in the attached DEP FACT

SHEET entitled “ Appealing a Commissione r’s Licensing Decision .”

If you have any questions regarding the matter, please feel free to call me at 287-7693.

Sincerely,

Gregg Wood Division of Water Quality Management Bureau of Land and Water Quality

Enc. cc: Tanya Hovell, DEP/EMRO Sandy Mojica, USEPA

Stakeholder Service ListSTATE OF MAINE

DEPARTMENT OF ENVI RONMENTAL PROTECTION

17 STATE HOUSE STATION AUGUSTA, ME 04333

DEPARTMENT ORDER

IN THE MATTER OF

TOWN OF HOWLAND ) MA INE POLLUTANT DISCHARGE

PUBLICLY OWNED TREATMENT WORKS ) ELIMINATION SYSTEM PERMIT HOWLAND, PENOBSCOT COUNTY ) AND

ME0101788 ) WASTE DISCHARGE LICENSE

W002632-6C-F-R APPROVAL ) RENEWAL

Pursuant to the provisions of the Federa l Water Pollution Control Act, Title 33 USC, Section 1251, et.

seq . and Conditions of Licenses , 38 M.R.S.A., Section 414-A et seq ., and applicable regulations, the Department of Environmental Protection (Departmen t hereinafter) has considered the application of the TOWN OF HOWLAND (Town/perm ittee hereinafter) with its supp ortive data, agency review comments, and other related material on file and FINDS THE FOLLOWING FACTS:

APPLICATION SUMMARY

The Town has f iled a timely and complete appli cation with the Department to renew combination Maine Pollutant Discharge Elimination System (MEPDES) permit #ME0101788/ Maine Waste Discharge License (WDL) #W002632-5L-E-R, (per mit hereinafter) which was issued on May 16, 2005, and expired on May 16, 2010. The 5/16/ 05 permit authorized the monthly average discharge of up to 0.30 million gallons per day (MGD) of secondary treated sanitary waste water from a publicly owned treatment works (POTW) to the Penobscot River, Class B, in Howland, Maine.

PERMIT SUMMARY

This permitting action is carrying forward all the terms and conditions of the 5/16/05 permitting action and subsequent permit modifications except that this permit is elim inating limitations and monitoring requirements for settleable solids.ME0101788 PERMIT Page 2 of 10

W002632-6C-F-R

CONCLUSIONS

BASED on the findings in the attached Fact Sheet dated March 22, 2011, and subject to the Conditions listed below, the Department ma kes the following conclusions:

1. The discharge, either by itself or in combination with other discharges, will not lower the quality of any classified body of water below such classification.

2. The discharge, either by itself or in combination with other discharges, will not lower the quality of any unclassified body of water below the classificat ion which the Department expects to adopt in

accordance with state law.

3. The provisions of the State’s antid egradation policy, 38 M.R.S.A. §464(4)(F), will be met, in that:

(a) Existing in-stream water uses and the level of wa ter quality necessary to protect and maintain those existing uses will be maintained and protected;

(b) Where high quality waters of th e State constitute an outstandi ng national resource, that water quality will be maintained and protected;

(c) The standards of classification of the receivi ng water body are met or, where the standards of classification of the receiving water body are not met, the discha rge will not cause or contribute to the failure of the water body to me et the standards of classification;

(d) Where the actual quality of any classified re ceiving water body exceeds the minimum standards of the next highest classificati on that higher water quality will be maintained and protected; and

(e) Where a discharge will result in lowering the existing water quality of any water body, the Department has made the finding, following oppor tunity for public part icipation, that this action is necessary to achieve important econom ic or social benefits to the State.

4. The discharge will be subject to effluent limitatio ns that require application of best practicable

treatment.ME0101788 PERMIT Page 3 of 10

W002632-6C-F-R

ACTION

THEREFORE, the Department APPROVES the above noted application of the TOWN OF HOWLAND to discharge a monthly average flow of up to 0.30 MGD of secondary treated sanitary wastewater to the Penobscot River, Class B, in Howland, Maine, SUBJ ECT TO THE ATTACHED CONDITIONS, and all applicable st andards and regulations including:

1. “ Maine Pollutant Discharge Elimination System Permit Standard Conditions Applicable To All

Permits ,” revised July 1, 2002, copy attached.

2. The attached Special Conditions, including any e ffluent limitations and monitoring requirements.

3. This permit becomes effective upon the date of si gnature below and expires at midnight five (5) years thereafter. If a renewal application is timely submitted and accepted as complete for processing prior to the expiration of the this permit, the terms and conditions of the this permit and all subsequent modifications and minor revisions th ereto remain in effect until a final Department decision on the renewal applica tion becomes effective. [ Maine Administrative Procedure Act , 5 M.R.S.A. § 10002 and Rules Concerning the Processing of A pplications and Other Administrative

Matters , 06-096 CMR 2(21)(A) (effective April 1, 2003)].

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES

Date of initial receipt of application: February 24 , 2010 . Date of application acceptance: March 1, 2010 .

This Order prepared by Gregg Woo d, BUREAU OF LAND & WATER QUALITY

ME0101788 2011 4/25/11ME0101788PERMITPage 4 of 10W002632-6C-F-RSPECIAL CONDITIONSA.EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. Beginning the effective date of this permit, the permittee is authorized to discharge secondary treated sanitary waste waterfromOutfall #001Ato the Penobscot River. Such discharges shall belimited and monitored by the permittee as specified below(1):Effluent CharacteristicDischarge LimitationsMinimumMonitoring RequirementsMonthlyAverageWeeklyAverageDailyMaximumMonthlyAverageWeeklyAverageDailyMaximumMeasurementFrequencySampleTypeFlow[50050]0.30 MGD[03]---Report (MGD)[03]---------Continuous[99/99]Recorder[RC]Biochemical OxygenDemand (BOD5)[00310]51lbs/Day[26]77 lbs/Day[26]85 lbs/Day[26]35 mg/L[19]45 mg/L[19]50 mg/L[19]1/Week[01/07]Composite[24]BOD5% Removal(1)[81010]---------85%[23]------1/Month[01/30]Calculate[CA]Total Suspended Solids(TSS)[00530]51 lbs/Day[26]77 lbs/Day[26]85 lbs/Day[26]35 mg/L[19]45 mg/L[19]50 mg/L[19]1/Week[01/07]Composite[24]TSS % Removal(1)[81011]---------85%[23]------1/Month[01/30]Calculate[CA]E. coliBacteria(2)[31633]( May 15 – September 30)---------64/100 ml(3)[13]---427/100 ml[13]1/Week[01/07]Grab[GR]Total Residual Chlorine(4)[50060]---------------1.0 mg/L[19]1/Week[01/07]Grab[GR]pH (Std. Units)[00400]---------------6.0-9.0(5)[12]5/Week[05/07]Grab[GR]Footnotes:See page 5 and 6 of this permit for applicable footnotes.ME0101788 PERMIT Page 5 of 10

W002632-6C-F-R

SPECIAL CONDITIONS

A. EFFLUENT LIMITATIONS AND MONI TORING REQUIREMENTS (cont'd)

Footnotes:

1. Monitoring location – All influent monitoring shall be c onducted from the influent flow splitter chamber located prior to Lagoon #1. All effluent m onitoring shall be conducted at a location following the last treatment unit in the treatment process as to be representative of end-of-pipe effluent characteris tics. Any change in sampling location must be approved by the Department in writing.

Sampling and analysis must be conducted in acco rdance with; a) methods approved in 40 Code of Federal Regulations (CFR) Part 136, b) altern ative methods approved by the Department in accordance with the procedures in 40 CFR Pa rt 136, or c) as otherwise specified by the Department. Samples that are sent out for analys is shall be analyzed by a laboratory certified by the State of Maine’s Department of Human Serv ices. Samples that are sent to another POTW licensed pursuant to Waste discharge licenses , 38 M.R.S.A. § 413 or la boratory facilities that analyze compliance samples in- house are subject to the provi sions and restrictions of Maine Comprehensive and Limited Environmen tal Laboratory Certification Rules , 10-144 CMR 263 (last amended February 13, 2000).

All analytical test results shall be submitted to the Department including results which are detected below the respective reporting limits (RLs) specified by the Department or as specified by other approved test methods. See Attachment A of this permit for a list of the Department’s RLs. If a non-detect analytical test result is below the respective RL, the concentration result shall be reported as <Y wher e Y is the RL achieved by the laboratory for each respective parameter. Reporting a value of <Y that is greater than an established RL or reporting an estimated value (“J” flagged) is not acceptable and will be rejected by the Department. Reporting analytical data and its use in calculations must follow established Department guidelines specified in this permit or in available Department guidance documents.

2. Percent Removal – The treatment facility shall maintain a minimum of 85 percent removal of both biochemical oxygen demand and total suspende d solids for all flows receiving secondary treatment. Compliance with the limitation is based on a twelve-mont h rolling average. Calendar monthly average percent removal values shall be calculated based on influent and

effluent concentrations. The twelve-month roll ing average calculation is based on the most recent twelve-month period when the influent concentrations are greater than or equal to 200 mg/L. The percent removal shall be waiv ed when the twelve-month rolling average

influent concentration is less th an 200 mg/L. For instances wh en the 12-month rolling average influent value is less than 200 mg/L, the permittee shall report “NODI-9” on the monthly discharge monitoring report (DMR ). The permittee is also re quired to report the percent

removal values on the DEP “49” form.

3. E. coli bacteria – E. coli bacteria limits and monitoring re quirements are seasonal and apply between May 15 and September 30 of each year. Th e Department reserves the right to require year-round disinfection to prot ect the health, safety and welfare of the public.ME0101788 PERMIT Page 6 of 10

W002632-6C-F-R

SPECIAL CONDITIONS

A. EFFLUENT LIMITATIONS AND MONI TORING REQUIREMENTS (cont'd)

Footnotes:

4. Bacteria Reporting – The monthly average E. coli bacteria limitation is a geometric mean limitation and sample results shall be reported as such.

5. TRC Monitoring – Monitoring for TRC is only required wh en elemental chlorine or chlorinebased compounds are in use for effluent disinfec tion. For instances when a facility has not

disinfected with chlorine-based compounds for an entire repor ting period, the facility shall report “ NODI-9 ” for this parameter on the monthly DMR. The permittee shall utilize approved test methods that are capable of bracketing the TRC limita tion in this permit.

6. pH Range Limitation – Effluent pH results outside the ra nge of 6.0 – 9.0 standard units are not to be reported as exceptions provided the cause(s) for the exceedence(s) are naturally occurring. The permittee must provide the Depa rtment with written documentation as to the cause(s) of the pH results if found outside the 6.0 – 9.0 range.

B. NARRATIVE EFFLUENT LIMITATIONS

1. The effluent shall not contain a visible oil sh een, foa m or floating solids at any time which would impair the usages designated by th e classification of the receiving waters.

2. The effluent shall not contain materials in conc entrations or combinati ons which are hazardous or toxic to aquatic life, or which would impair the usages designated by the classification of the receiving waters.

3. The discharges shall not cause visible discolorat ion or turbidity in the receiving waters which would impair the usages designated by th e classification of the receiving waters.

4. Notwithstanding specific conditions of this permit the effluent must not lower the quality of any classified body of water below such classifi cation, or lower the existing quality of any body of water if the existing quality is higher than the classification.

C. TREATMENT PLANT OPERATOR

The person who has the m anagement responsibilit y over the treatment facility must hold a

minimum of a Grade II certificate (or higher) or must be a Maine Re gistered Professional Engineer pursuant to Sewerage Treatment Operators , Title 32 M.R.S.A., Sections 4171-4182 and Regulations for Wastewater Operator Certification , 06-096 CMR 531 (effective May 8, 2006). All proposed contracts for facility operation by any pe rson must be approved by the Department before the permittee may engage the services of the contract operator.ME0101788 PERMIT Page 7 of 10

W002632-6C-F-R

SPECIAL CONDITIONS

D. LIMITATIONS FOR INDUSTRIAL USERS

Pollutants introduced into the wastewater colle ction and treatment system by a non-domestic source (user) shall not pass through or interfer e with the operation of the treatment system.

E. AUTHORIZED DISCHARGES

The permittee is authorized to discharge only in accordance with: 1) the permittee’s General Application for Waste Discharge Permit, accepted for processing on March 1, 2010; 2) the terms and conditions of this permit; and 3) only from Outfall #001. Discharges of waste water from any other point source are not authoriz ed under this permit, and shall be reported in accordance with Standard Condition B(5)( Bypass ) of this permit.

F. NOTIFICATION REQUIREMENT

In acco rdance with Standard Condition D, the permitt ee shall notify the Department of the following.

1. Any introduction of pollutants into the wastew ater collection and treatment system from an indirect discharger in a pr imary industrial category discha rging process wa stewater; and

2. Any substantial change (increas e or decrease) in the volume or character of pollutants being

introduced into the wastewater collection and treatment sy stem by a source introducing pollutants into the system at the time of perm it issuance. For the pur poses of this section, notice regarding substantial change shall include information on:

(a) the quality and quantity of wastewater in troduced to the wastewater collection and treatment system; and

(b) any anticipated impact caused by the change in the quantit y or quality of the wastewater to be discharged from the treatment system.

G. WET WEATHER FLOW MANAGEMENT PLAN

The treatment facility staff shall have a curren t written Wet Weather Flow Management Plan to direct the staff on how to ope rate the facility effectivel y during periods of high flow. The Department acknowledges that the existing collec tion system may deliver flows in excess of the monthly average design capacity of the treatment plant during periods of high infiltration and

rainfall.

The plan shall include operating procedures for a range of inte nsities, address solids handling procedures (including septic wast e and other high strength wast es if applicable) and provide written operating and maintenance procedures during the events. The permittee shall review their plan at least annually and record any necessary changes to k eep the plan up to date. Any changes to the plans must be submitted to the Department for review and approval.ME0101788 PERMIT Page 8 of 10

W002632-6C-F-R

SPECIAL CONDITIONS

H. OPERATION & MAINTENANCE (O&M) PLAN

This facility shall h ave a current written co mprehensive Operation & Maintenance (O&M) Plan. The plan shall provide a systema tic approach by which the permitt ee shall at all times, properly operate and maintain all facilities and systems of transport, treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit.

By December 31 of each year

, or within 90 days of any process changes or minor equipment upgrades, the permittee shall evaluate and modify the O&M Plan including site plan(s) and schematic(s) for the wastewater treatment facility to ensure that it is up-to-date. The O&M Plan shall be kept on-site at all times and made available to Department and USEPA personnel upon

request.

Within 90 days of completion of new and or substantial upgrades of the wastewater treatment facility , the permittee shall submit the updated O&M Plan to their Department inspector

for review and comment.

I. 06-096 CMR 530(2)(D)(4) STATEMENT FO R REDUCED/WAIVED TOXICS TESTING

By December 31 of each calendar year , the permittee shall provide the Department with a certification describing any of the following that have occurred sin ce the effective date of this permit [

PCS Code 95799] : See Attachment C of the Fact Sheet for an acceptable certification form to satisfy this Special Condition.

(a) Changes in the number or types of non-domestic wast es contributed directly or indirectly to the wastewater treatment works that may incr ease the toxicity of the discharge;

(b) Changes in the operation of the treatment wo rks that may increase the toxicity of the discharge; and

(c) Changes in industrial manufacturing processes contributing wastewater to the treatment works that may increase the toxicity of the discharge.

In addition, in the comments section of the certification form, the permittee shall provide the Department with statements describing;

(d) Changes in storm water collection or inflow/infiltration affecting the facility that may increase the toxicity of the discharge.

(e) Increases in the type or volume of hauled wastes accep ted by the facility.

The Department reserves the right to reinstate a nnual (surveillance level) te sting or other toxicity testing if new information becomes available that indicates the discharge may cause or have a reasonable potential to cause exceedences of ambient water quality criteria/thresholds.ME0101788 PERMIT Page 9 of 10

W002632-6C-F-R

SPECIAL CONDITIONS

J. MERCURY

All mercury sampling (2/Year) required by this pe rmit or required to determine compliance with interim limitations established pursuan t to Department rule Chapter 519, shall be conducted in accordance with EPA’s “clean sampling techniques” found in EPA Method 1669, Sampling Ambient Water For Trace Metals At EPA Water Quality Criteria Levels . All mercury analysis shall be conducted in accordance with EPA Method 1631, Determination of Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Fluorescence Spectrometry. See Attachment A, Effluent Mercury Test Report , of this permit for the Department ’s form for reporting mercury test

results.

K. MONITORING AND REPORTING

Monitoring results obtained during the previous month shall be su mm arized for each month and reported on separate Discharge Monitoring Report (DMR) forms provided by the Department and shall be postmarked by the thirteenth (13 th ) day of the month or hand-delivered to a Department Regional Office such that the DMRs are received by the Department by the fifteenth (15 th ) day of the month following the completed reporting peri od. A signed copy of the DMR and all other reports required herein shall be submitted, unless otherwise specified, to th e Department’s facility inspector at: Department of Environmental Protection Eastern Maine Regional Office Bureau of Land and Water Quality Division of Water Quality Management 106 Hogan Road Bangor, Maine 04401

Alternatively, if you are submitti ng an electronic DMR (eDMR), th e completed eDMR must be electronically submitted to the Department by a faci lity authorized DMR Signatory not later than

close of business on the 15 th day of the month following the completed reporting period. Hard Copy documentation submitted in support of the eD MR must be postmarked on or before the thirteenth (13 th ) day of the month or hand-delivered to th e Department’s Regional Office such that it is received by the Department on or before the fifteenth (15 th ) day of the month following the completed reporting period. Electronic documentati on in support of the eDMR must be submitted

not later than close of business on the 15 th day of the month following the completed reporting period.ME0101788 PERMIT Page 10 of 10

W002632-6C-F-R

SPECIAL CONDITIONS

L. REOPENING OF PERMIT FOR MODIFICATIONS

Upon evaluation of the tests result s or m onitoring requirements speci fied in Special Conditions of this permitting action, new site specific informa tion, or any other pertinent test results or information obtained during the term of this pe rmit, the Department ma y, at anytime and with notice to the permittee, modify this permit to: (1 ) include effluent limits necessary to control specific pollutants or whole effluent toxicity wher e there is a reasonable pote ntial that the effluent may cause water quality criteria to be exceeded; (2 ) require additional effluent or ambient water quality monitoring if results on file are inconclu sive; or (3) change monitoring requirements or

limitations based on new information.

M. SEVERABILITY

In the event that any provision(s) , or part thereof, of this perm it is declared to be unlawful by a reviewing court, the rema inder of the permit shall remain in full force and effect, and shall be construed and enforced in all aspects as if such unlawful provision, or part thereof, had been omitted, unless otherwise ordered by the court.Maine Department of Environmental Protection 

### Effluent Mercury Test Report

Name of Facility: Pipe #

Purpose of this test: Initial limit determination
calendar quarter
Supplemental or extra test

Sampling Date: Sampling time: AM/PM

mm dd yy Sampling Location:

Weather Conditions:

Suspended Solids mg/L Sample type: Grab (recommended) or Composite

Name of Laboratory:

Date of analysis: Result: ng/L (PPT)

Effluent Limits: Average = ng/L ng/L

By: Date:

Title:

PLEASE MAIL THIS FORM TO YOUR ASSIGNED INSPECTOR Optional test - not required but recommended where possible to allow for the most meaningful evaluation of mercury results: Compliance monitoring for: year

SAMPLE COLLECTION INFORMATION

Please describe any unusual conditions with the influent or at the facility during or preceding the time of sample collection: Federal Permit # ME

Maximum =

Please attach any remarks or comments from the laboratory that may have a bearing on the results or their interpretation. If duplicate samples were taken at the same time please report the average.

CERTIFICATION

I certifiy that to the best of my knowledge the foregoing information is correct and representative of conditions at the time of sample collection. The sample for mercury was collected and analyzed using EPA Methods 1669 (clean sampling) and 1631 (trace level analysis) in accordance with

instructions from the DEP. Please Enter Effluent Limits for your facility

ANALYTICAL RESULT FOR EFFLUENT MERCURY

DEPLW 0112-B2007, Revised July 2009 Printed 7/14/2009MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT

AND

WASTE DISCHARGE LICENSE

FACT SHEET

Date: March 22, 2011

MEPDES PERMIT: ME0101788

WASTE DISCHARGE LICENSE: W002632-6C-F-R

NAME AND ADDRESS OF APPLICANT:

TOWN OF HOWLAND

8 Main Street

P.O. Box 386 Howland, ME 04448-0386

COUNTY: Penobscot County

NAME AND ADDRESS WHERE DISCHARGE OCCURS:

Howland Waste Water Treatment Facility Edinburg Road Howland, ME 04448-0386

RECEIVING WATER / CLASSIFICATION: Penobscot/Class B

COGNIZANT OFFICIAL AND TELEPHONE NUMBER: Mr. Brian Dawson Superintendent (207) 732-3513

e-mail: howland@midmaine.com

1. APPLICATION SUMMARY

a. Application: The Town of Howland (Town/permitt ee hereinafter) has filed a timely and complete application with the Department to renew combination Maine Pollutant Discharge Elimination System (MEPDES) permit #ME0101 788/ Maine Waste Discharge License (WDL) #W002632-5L-E-R, (permit hereinafter) which was issued on May 16, 2005 and expired on May 16, 2010. The 5/16/05 permit authorized th e monthly average discharge of up to 0.30 million gallons per day (MGD) of secondary tr eated sanitary waste water from a publicly owned treatment works (POTW) to the Penobscot River, Class B, in Howland, Maine. See

Attachment A of this Fact Sheet for a loca tion map of the Howland facility.ME0101788 FACT SHEET Page 2 of 16

W002632-6C-F-R

1. APPLICATION SUMMARY (cont’d)

b. Source Description: The Town of Howland owns a nd operates a municipal wastewater treatment facility on Edinburg Road in Howla nd, for the treatment of sanitary wastewater generated by a total of approximately 650 resi dential and commercial customers (approximate population of 1,500 people) located within the Towns of Howland and Enfield. There are no significant industrial users cont ributing flows to the treatment works and the Town is not required to implement a formal pretreatment program. The sewer collection system is 100% separated (sanitary and storm water) and there are no combined sewer overflow (CSO) points associated with the system. The sanitary sewer collection system is approximately eight (8) miles in length and contains five (5) pump stations located in Howland and two (2) additional pump stations located in West Enfield.

Currently, the Town provides emergency back-up power to all seven pump stations by way of a portable generator. The Town is not authori zed to accept transported wastes at the Howland

WWTF.

c. Wastewater Treatment: The Howland WWTF commenced operation in 1991 and the plant provides a secondary level of wastewater treatment via tw o primary and two secondary facultative lagoons operated in series. The total combined area of the four lagoons is approximately 21.7 acres (945,252 square feet) a nd individual cells are sized as follows:

Lagoon Primary No. 1 Primary No. 2 Secondary No.

1 Secondary No.

2 Volume (million gallons) 13.5 MG 13.6 MG 8.3 MG 8.6 MG

Dimensions 790’ x 360’ x

11’ 820’ x 360’

x13’ 700’ x 260’ x

18’ 700’ x 260’ x

18’ Lagoon Acreage 6.5 acres 6.8 acres 4.2 acres 4.2 acres

Typically, the lagoons are operated in series (Pri mary No. 1 > Primary No. 2 > Primary No. 3 > Primary No. 4), however the operator can manually control flow pattern through existing valves installed in the system. The two primary lagoons were constructed with a synthetic geotextile liner system and the secondary lagoons were constructed with an earthen (clay) liner.

The Howland WWTF utilizes two (2) influent pumps to convey raw wastewater to the facility. Influent flows are conveyed through a comminutor at the facility headworks and are measured using a magnetic flow meter. The flow is then conveyed to a flow splitter box and then evenlydistributed to the two primary lagoons for biol ogical treatment and settl ing. Primary treated flows are evenly-distributed to the two seconda ry lagoons for further treatment and settling prior to discharge.ME0101788 FACT SHEET Page 3 of 16

W002632-6C-F-R

1. APPLICATION SUMMARY (cont’d)

Secondary treated wastewater is treated seasonally w ith sodium hypochlorite for disinfection in a chlorine contact chamber measuring 33 feet l ong by 45 feet wide by 5 feet high and having a detention time of 15 minutes at peak flow. Fi nal effluent is conveyed for discharge to the Penobscot River via a 10-inch diameter outfall pi pe that extends into the receiving water to a depth of approximately seven (7) feet below the surface of the water according to information contained in the Town’s application for permit re newal. The outfall pipe is not fitted with

diffusers or other mechanisms that would enha nce mixing of the effluent with the receiving waters and the permittee has not provided inform ation describing the mixing characteristics of the final effluent with the receiving waters. Therefore, the Department is making a best professional judgment determination that mixing of the effluent with the receiving waters is not complete and rapid.

The Town has not removed sludge from the la goons since the system went online in 1991. Sludge depth is monitored at a minimum frequenc y of once per year using a “sludge judge” and the Town reported that the average current sludg e depth throughout the lagoons is less than one

foot.

The Town indicated that the lagoon system contai ns an under-drain collec tion system that is designed to convey any seepage from the prim ary and secondary lagoon cells into the last lagoon. Therefore, flows into the under-drain co llection system are monitored by way of final effluent monitoring. The Town further indicated that the under-drain syst em was not constructed in with sampling ports or other means of monitoring flows into the system.

A process flow schematic for the Howl and WWTF is included as Fact Sheet Attachment B

.

2. PERMIT SUMMARY

a. Terms and Conditions: This permitting action is carrying fo rward all the terms and conditions of the 5/16/05 permitting action and subsequent perm it modifications except that this permit is eliminating limitations and monitoring requirements for settleable solids.

b. Regulatory history: This section provides a summary of significant licensing/permitting actions and milestones that have been completed for the Howland Wastewater Treatment Facility (WWTF).

February 23, 1983 – The Department issued WDL #2632 to the Town for the monthly average discharge of up to 0.19 MGD of untreated combin ed sanitary and storm water wastewater to the Penobscot and Piscataquis Ri vers, Class C, in Howland.

April 24, 1986 – The U.S. Environmental Protection Agency (USEPA) issued National Pollutant Discharge Elimination System (NPDES) permit #ME0101788 to the Town for the monthly average discharge of up to 0.19 MGD of untreated combined sanitary and storm water wastewater to the Penobscot and Piscataquis Ri vers. The 4/24/86 NPDES permit superseded the previous NPDES permit issued on June 22, 1977.ME0101788 FACT SHEET Page 4 of 16

W002632-6C-F-R

2. PERMIT SUMMARY (cont’d)

June 2, 2000 – The Department issued WDL #W002632-5L -D-R to the Town for the monthly average discharge of up to 0.30 MGD of seconda ry treated sanitary wastewater from the Howland WWTF. The 6/2/00 WDL supersed ed WDL #W002632-59-B-R issued on August 5, 1991 and WDL Amendment #W002632-59-C-A issued on May 8, 1995.

August 28, 2000 –Pursuant to Maine law, 38 M.R.S.A. §420 and §413 and Department rule, 06- 096 CMR Chapter 519, Interim Effluent Limitations and Contro ls for the Discharge of Mercury

, the Department issued a Notice of Interim Limits fo r the Discharge of Mercury to the permittee thereby administratively modi fying WDL #W002632-5L-D-R by es tablishing interim monthly average and daily maximum efflue nt concentration limits of 12.1 parts per trillion (ppt) and 18.1 ppt, respectively, and a minimum monitoring fre quency requirement of 2 tests per year for mercury. It is noted the limitations have not been incorporated into Special Condition A, Effluent Limitations And Monitoring Requirements , of this permit as limitations and monitoring frequencies are regulated separa tely through Maine law, 38 M.R.S.A. §413 and Department rule Chapter 519. However, the interim limitations remain in effect and enforceable and any modifications to the limits and or monitoring requ irements will be formalized outside of this permitting document.

May 16, 2005 – The Department issued combination MEPDES permit #ME0101788/ WDL W002632-5L-E-R for a five-year term.

April 10, 2006 – The Department unilaterally modified the 4/25/05 permit by waiving whole effluent toxicity testing and analytical chemistry testing.

February 24, 2010 – The permittee submitted a timely and complete application to the Department to renew the 5/16/05 MEPDES permit.

3. CONDITIONS OF PERMIT

Maine law, 38 M.R.S.A. Section 414-A, requires th at the effluent limitations prescribed for discharges, including, but not limite d to, effluent toxicit y, require application of best practicable treatment (BPT), be consistent with the U.S. Clean Water Act, and ensure that the receiving waters attain the State water quality standards as descri bed in Maine's Surface Water Classification System. In addition, 38 M.R.S.A., Section 420 and Department rule 06-096 CMR Chapter 530, Surface Water Toxics Control Program, require the regulation of toxic subs tances not to exceed levels set forth in Department rule 06-096 CMR Chapter 584, Surface Water Quality Criteria for Toxic

Pollutants , and that ensure safe levels for the discha rge of toxic pollutants such that existing and designated uses of surface waters are maintained and protected.ME0101788 FACT SHEET Page 5 of 16

W002632-6C-F-R

4. RECEIVING WATER QUALITY STANDARDS

Maine law, 38 M.R.S.A. §467(7)(A)(5) classifies th e main stem of the Penobscot River at the point of discharge (i.e. from the West En field Dam, including the Stillwater Br anch, to the Veazie Dam) as Class B waters. Maine law, 38 M.R.S.A. §465(3) describes the standards for Class B waters as follows;

Class B waters must be of such quality that they are suitable for th e designated uses of drinking water supply after treatment; fishing; agriculture; recreation in and on the water; industrial process and cooling water supply; hydroelectric power generati on, except as prohibited under Title 12, section 403; navigation; and as habitat fo r fish and other aquatic life. The habitat must be characterized as unimpaired.

The dissolved oxygen content of Class B waters may not be less than 7 parts per million or 75% of saturation, whichever is higher, except that for the period from October 1st to May 14th, in order to ensure spawning and egg incubati on of indigenous fish species, the 7-day mean dissolved oxygen concentration may not be less than 9.5 parts per million and the 1-day minimum dissolved oxygen concentration may not be less than 8.0 parts per million in identified fish spawning areas. Between May 15th and Se ptember 30th, the number of Escherichia coli bacteria of human and domestic animal origin in these waters may not exceed a geometric mean of 64 per 100 milliliters or an instantaneous le vel of 236 per 100 milliliters. In determining human and domestic animal origin, the department shall assess licensed a nd unlicensed sources using available diagnostic procedures.

Discharges to Class B waters may not cause adverse impact to aquatic life in that the receiving waters must be of sufficient quality to support all aquatic speci es indigenous to the receiving water without detrimental changes in th e resident biological community.

5. RECEIVING WATER QUALITY CONDITIONS

The State of Maine 2008 Integrated Water Quality Monitoring and Assessment Report, (“Report”) prepared pursuant to Sections 303(d) and 305(b) of the Federal Water Po llution Control Act, lists a

36.5-mile reach of the main stem of the Penobscot River from its confluence with the Piscataquis

River in Howland to Orson Isla nd in Old Town (Waterbody #232R) as, “Category 4-B: Rivers and Streams Impaired by Pollutants with Pollution C ontrol Requirements Reasonably Expected to Result

in Attainment.” Impairment in this context refers to a statewide fish consumption advisory due to the presence of dioxin. The Department is not awar e of any information that the discharge from the Town of Howland is causing or contributing to the impairment.

In the summers of 1997, 2001 and 2007, the Department conducted ambient water quality sampling on a 103-mile segment of the Penobscot River from Millinocket to Bucksport. Reports entitled, Penobscot River Modeling Report, Final, June 2000

, Penobscot River Data Report May 2002 , and Penobscot River Modeling Report Draft, March 2003 , prepared by the Department, indicate there are

sections of non-attainment of di ssolved oxygen standards as a result of algal blooms in portions of

the Class B sections of the rivers. In additi on, the Department has i ssued a report entitled, Penobscot River Phosphorus Waste Load Allocation, February 2011 stating seasonal mass based limitations areME0101788 FACT SHEET Page 6 of 16

W002632-6C-F-R

5. RECEIVING WATER QUALITY CONDITIONS

necessary for the four industrial dischargers on the river and monito ring for total phosphorus for five municipal waste water treatment facilities. The Department has no information at this time that the Town of Mattawamkeag wastewater treatment facility causes or contributes to non-attainment of the standards for Class B waters. The Department rese rves the right at any ti me, with notice to the permittee, to reopen this permit pursuant to Special Condition K to establish phosphorus monitoring requirements and/or effluent limitations as necessary to protect receiving water quality.

In addition, the Report lists al l freshwaters in Maine in “ Category 4-A: Rivers and Streams With Impaired Use, TMDL Completed. Impairment in this context re fers to the designated use of recreational fishing due to elevated levels of mercury in some fish caused by atmospheric deposition. As a result, the State has established a fish consum ption advisory for all freshwaters in Maine. The Report states that a regional scale TMDL has been approved. In addition, pursuant to Maine law, 38 M.R.S.A. §420(1-B)(B), “a facility is not in violation of th e ambient criteria for mercury if the facility is in compliance with an interim discharge limit established by the Department pursuant to

section 413 subsection 11.” The Department has established interim monthly average and daily maximum mercury concentration limits for this f acility. See the discussion on compliance in section 6(j) of this Fact Sheet.

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS

a. Flow: The previous permitting action established a monthly average discharge flow limitation of

0.30 MGD and continuous flow mon itoring requirement which is be ing carried forward in this permitting action. The discharge flow limit of 0.30 MGD is higher than the reported monthly average design capacity of the trea tment facility and was establis hed in a licensing action in the late 1990’s to encourage the faci lity to hold waste water during pe riods when receiving water is most vulnerable to adverse impacts from point and non-point source polluti on and to discharge at a higher rate when receiving water is passing high er flows. This permitting action is carrying forward a “continuous recorder” monitoring requirement for discharge flow.

A review of the monthly DMR data for the pe riod January 2007 – January 2010 indicates the permittee has been in compliance with the flow lim itations 100% of the time with values reported

as follows:

Flow (DMRs=37)

Value Limit (MGD) Range (MGD) Mean (MGD) Monthly Average 0.30 0.06387- 0.20304 0.152 Daily Maximum Report 0.0945 – 0.292 0.193ME0101788 FACT SHEET Page 7 of 16

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6. EFFLUENT LIMITATIONS & MONI TORING REQUIREMENTS (cont’d)

b. Dilution Factors: The Department established applicable dilution factors for the discharge in accordance with freshwater protocols established in Department rule Chapter 530, Surface Water Toxics Control Program , October 2005. With a monthly average discharge flow limit of 0.30 MGD, dilution factors associated with th e discharge from the Howland WWTF may be

calculated as follows:

Acute: 1Q10 = 2,697 cfs  (2,697 cfs)(0.6464) + 0.30 MGD = 5,812:1

0.30 MGD

Modified Acute: 1⁄4 1Q10 = 674 cfs  (674 cfs)(0.6464) + 0.30 MGD = 1,453:1

0.30 MGD

Chronic: 7Q10 = 2,997 cfs  (2,997 cfs)(0.6464) + 0.30 MGD = 6,458:1

0.30 MGD

Harmonic Mean = 7,571 cfs  (7,571 cfs)(0.6464) + 0.30 MGD = 16,314:1

0.30 MGD

Department rule Chapter 530.5 states:

Analysis using numerical acute criteria for aquatic life must be based on 1⁄4 of the 1Q10 stream design flow to pre vent substantial acute toxicity within any mixing zone, according to EPA’s Mixing Zone Policy and to ensure a Zone of Passage of at least 3⁄4 of the cross-sectional area of any stream as required by Department rule. Wher e it can be demonstrated that a discharge achieves complete and ra pid mixing with the receiving water, by way of an efficient diffus er or other effective method, analyses may use a greater proportion of the st ream design flow, up to and including all of it, as long as the required Zone of Passage is maintained.

The Town has not submitted site-specific information or data to the Department to demonstrate the mixing characteristics of the effl uent with the receivi ng waters. Therefore, the Department is utilizing the default stream flow of 1⁄4 1Q10 in acute evaluations in accordance with Chapter 530.

c. Biochemical Oxygen Demand (BOD 5 ) and Total Suspended Solids (TSS): The previous permitting action established monthly average and weekly average BOD 5 & TSS concentration limits of 35 mg/L and 45 mg/L, respectively, The 35 mg/L is based on treatment equivalent to secondary treatment requirements in Depart ment rule 06-096 CMR Chapter 525(3)(VI) (see discussion in italicized text on the next page) an d the 45 mg/L is based on secondary treatment requirements of Department rule, 06-096 CMR, Chapter 525(3)(III). The daily maximum BOD 5 & TSS concentration limits of 50 mg/L based on a Department best professional judgement (BPJ) of best practicable treatment (BPT).ME0101788 FACT SHEET Page 8 of 16

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6. EFFLUENT LIMITATIONS & MONI TORING REQUIREMENTS (cont’d)

The Fact Sheet of the 5/16/05 MEPDES permit contained the following text;

A review of BOD 5 & TSS effluent data on file with the Department for this facility indicates that the Town has not been able to consistently achieve compliance with the monthly average concentration limit of 30 mg/L. On May 4, 2005, the permittee submitted a letter to the Department, with supporting effluent data from the most recent 6-year period, to demonstrat e that the facility can not meet the monthly average secondary treatment standard of 30 mg/L through proper operation and maintenance of the treatment facility. The Town stated that it has a current Operation and Maintenance manual which is used to ensure the facility is operated at maximum efficiency and that the facility is within it’s design load capacit y and does not receive industrial wastes. In addition, the Town stated, the treatment plant operator has suspended discharge as long as possible during periods when effluent qual ity would not comply with the numeric

BOD 5 & TSS limits and has experimented with changing the effluent draw-off point in an effort to discharge from th e lagoon depth having the best effluent quality. The Town reported that despite these efforts an d proper operation and maintenance of the treatment system, the Town has not been abl e to consistently achieve compliance with the monthly average secondary treatment standards for BOD 5 & TSS of 30 mg/L. Consequently, the Town requested less stri ngent monthly average concentration limits for BOD 5 & TSS.

In part, Department rule, 06-096 CMR Chapter 525(3)(VI) contains the minimum level of effluent quality atta inable by facilities el igible for treatment e quivalent to secondary treatment in terms of the parameters BOD 5 & TSS. Chapter 525(3)(II)(g) states facilities shall be considered eligible for trea tment equivalent to s econdary treatment if:

(1) The BOD-5 and [T]SS effluent concen trations consistently achievable through proper operation and maintenance (paragraph (f)) of the treatment works exceed the minimum level of the effluent quality set forth in Subsections III(a) and (b),

(2) A trickling filter or wa ste stabilization pond is used as the principal process,

and

(3) The treatment works provide signific ant biological trea tment of municipal

wastewater.ME0101788 FACT SHEET Page 9 of 16

W002632-6C-F-R

6. EFFLUENT LIMITATIONS & MONI TORING REQUIREMENTS (cont’d)

In this permitting action, the Department is maki ng the best professiona l judgment determination that the Town of Howland wastewater treatment fa cility qualifies for tr eatment equivalent to secondary treatment. Chapter 525(3)(VI)(a) and (b ) state, in part, that the 30-day average

BOD 5 & TSS concentration limits shall not excee d 45 mg/L. Further, in August 1997, the Department issued a user’s manual entitled, Design, Operation & Regulation of Aerated Facultative Lagoons in Maine , prepared by the Maine Lagoon Task Force. In this manual, the task force recommends that effluent BOD 5 & TSS concentrations could range up to a maximum of 45 mg/L as a 30-day average when:

a) the facility cannot c onsistently achieve secondar y treatment defined as a 30-day average of 30 mg/L 95 percent of the time based on at least three years of monthly average data,

b) the facility provided informati on and data to demonstrate that the problem is uncontrollable while us ing a properly designed and operated lagoon or pond as the principal bi ological treatment process, and

c) there are no extenuatin g circumstances such as overloading or industrial

wastes.

Based on the Town’s May 4, 2005 letter request and a review of the last six years of BOD 5 & TSS effluent data, the Town seeks to increase the monthly average BOD 5 & TSS concentration limits to 35 mg/L, as this value represents the effluent quality consistently achievable 95 percent of the time.

Therefore, this permitting acti on is revising the monthly average concentration limits for BOD 5 & TSS from 30 mg/L to 35 mg/L based on the treatment equivalent to secondary treatment provisions of the Department’s rules and the findings and recommendations of the 1997 lagoons task force report. It is noted that the permittee has not requested an increase in BOD 5 & TSS

mass limits.

This permitting action is carrying forwar d all three concentration limitations.

The 6/2/00 licensing action and the 5/16/05 perm itting action establishe d monthly average, weekly average and daily maximum mass limits of 51 lbs./day, 77 lbs./day and 85 lbs./day, respectively, based an influent design capacity of 0.205 MGD rather than the licensed effluent

flow limit of 0.30 MGD. The mass was limited base d on the influent design and increased the discharge flow limit to encourage the facility to hold waste water at critical times of the year or when effluent quality was not compliant with the effluent limits established in the permit. BOD 5 & TSS mass limits were derived as follows:

Monthly Average Mass Limit: (30 mg/L)(8.34 lbs./gallon)(0.205 MGD) = 51 lbs./day Weekly Average Mass Limit: (45 mg/L)(8.34 lbs./day)(0.205MGD) = 77 lbs./day Daily Maximum Mass Limit: (50 mg/L)(8.34 lbs./day)(0.205 MGD) = 85 lbs./dayME0101788 FACT SHEET Page 10 of 16

W002632-6C-F-R

6. EFFLUENT LIMITATIONS & MONI TORING REQUIREMENTS (cont’d)

A review of the monthly DMR data for the pe riod January 2007 – January 2010 indicates the permittee has been in compliance with the BOD and TSS limitations 99% of the time with values reported as follows:

BOD Mass (37 DMRs)

Value Limit (lbs/day) Range (lbs/day) Average (lbs/day) Monthly Average 51 5 – 59 24 Weekly Avg. 77 6 -72 32 Daily Maximum 85 5 - 60 32

BOD Concentration (37 DMRs)

Value Limit (mg/L) Range (mg/L) Average (mg/L) Monthly Average 35 3 - 37 18 Weekly Average 45 8 - 44 23 Daily Maximum 50 8 - 44 23

TSS Mass (37 DMRs)

Value Limit (lbs/day) Range (lbs/day) Average (lbs/day) Monthly Average 51 2 - 30 14 Weekly Avg. 77 3 - 56 21 Daily Maximum 85 3 - 56 21

TSS Concentration (37 DMRs)

Value Limit (mg/L) Range (mg/L) Average (mg/L) Monthly Average 35 2 - 20 10 Weekly Average 45 2 - 35 15 Daily Maximum 50 2 - 35 15

This permitting action is carrying forward the requirement for a minimum of 85% removal of

BOD 5 & TSS pursuant to Department rule 06-096 CMR Chapter 525(3)(III)(a)(3) and (b)(3). Compliance with the limitation is base d on a twelve-month rolling average.

The previous permitting action established a mi nimum monitoring frequency requirement of once per week (1/Week) based on Department guidance for POTWs permitted to discharge between 0.1 and 0.5 MGD, and a “24-hour composite” sample type for BOD 5 & TSS. Both the minimum monitoring frequency requirement and sample type are being carried forward in this permitting action.ME0101788 FACT SHEET Page 11 of 16

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6. EFFLUENT LIMITATIONS & MONI TORING REQUIREMENTS (cont’d)

d. Settleable Solids : The previous permit established a daily maximum technology based

concentration limitation of 0.3 ml/L for settleable solids based on a Department best professional judgment of best practicable treatment. The De partment has since reconsidered the need to monitor and limit settleable solids at lagoon faci lities and has made a best professional judgment

decision to eliminate both the numeric limitation and monitoring requirements for this parameter. It is noted for the record, however, that a summary of settleable solids data as reported on the monthly DMRs for the period of January 2007 th rough January 2010 (n=37) indicates the daily maximum settleable solids concentration discharg e has been in complian ce with the 0.3 ml/L

limit 100% of the time.

e. Escherichia coliform ( E. coli.) bacteria : The previous permitting action established seasonal (between May 15 and September 30 of each year) monthly average and daily maximum

concentration limits for E. coli bacteria of 64 colonies/100 ml (geometric mean) and 427 colonies/100 ml (instantane ous level), respectively, base d on the State of Maine Water Classification Program criteria for Class B waters found at 38 M.R.S.A. §465(3)(B) at the time of permitting along with a minimum monitori ng frequency requirement of 2/Week.

During calendar year 2005, Maine’s Legislature approved a new daily maximum water quality

standards of 236 colonies/100 ml for water bodi es designated as Class B and Class C. The Department has determined that end-of-pipe li mitations for the instantaneous concentration standard of 427 colonies/100 mL will be achieved through available dilution of the effluent with the receiving waters and need not be revised in MEPDES permits for facilities with adequate dilution. The bacteria limits established in this permitting action are seasonal and apply between May 15 and September 30 of each year. The Depa rtment reserves the right to impose year-round bacteria limits, if necessary, to protect th e health, safety and welfare of the public.

A review of the seasonal monthly DMR data for the period May 2007 – September 2009 indicates the permittee has been in compliance with the previous permit limits 100% of the time

for E. coli bacteria as test results have been reported as follows:

E. coli bacteria (13 DMRs)

Value Limit (col/100 ml) Range (col/100 ml) Mean (col/100 ml) Monthly Average 64 0 – 6.9 2.4 Daily Maximum 427 1 - 301 29

f. Total Residual Chlorine (TRC): The previous permitting action established a daily maximum technology-based concentration limit of 1.0 mg/L for TRC and a minimum monitoring frequency requirement of once per day (1/Day). Limitations on TRC are specified to ensure that ambient water quality standards are maintain ed and that BPT technology is bein g applied to the discharge. Department licensing/permitting actions impose the more stringent of either a water quality-ME0101788 FACT SHEET Page 12 of 16

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6. EFFLUENT LIMITATIONS & MONI TORING REQUIREMENTS (cont’d)

based or BPT based limit. With dilution factors as determined above and current ambient water quality criteria (AWQC) for chlorine provide d below, end-of-pipe water quality based concentration thresholds for TRC may be calculated as follows:

Calculated Acute (A) Chronic (C) Mod. A & C Acute Chronic

Criterion Criterion Diluti on Factors Threshold Threshold 0.019 mg/L 0.011 mg/L 1,453:1 (Mod. A) 27.6 mg/L 71.0 mg/L 6,458:1 (C)

The Department has established a daily maximum BPT limitation of 1.0 mg/L for facilities that

disinfect their effluent with elemental chlorine or chlorine-based compounds, which is being carried forward in this permitting action as it is more stringent than the calculated acute and chronic water quality-based thresholds above. TRC monitoring must be performed during any period in which chlorine-based compounds are in fo r effluent disinfection. For instances when chlorine-based compounds are not in use for di sinfection for an entire reporting period, the facility shall report “NODI-9” for this parameter on the monthly Discharge Monitoring Report (DMR).

A review of the DMR data for the period May 2007 – September 2009 indicates the permittee has been in compliance with both the monthly av erage and daily maximum concentration limits 100% and has reported values as follows:

Total residual chlorine (15 DMRs)

Value Limit (mg/L) Range (mg/L) Mean (mg/L) Daily Maximum 1.0 0.08 – 0.55 0.20

Based on the excellent compliance history, the significantly available dilution, this permitting action is reducing the monitoring fr equency from 1/Day to 1/Week.

g. pH Range - The previous permitting action establ ished a technology based BPT pH range limitation of 6.0 –9.0 standard units pursuant to a Department rule, 06-096 CMR Chapter 525(3)(III)(c) that is being carried forward in this permitting action.ME0101788 FACT SHEET Page 13 of 16

W002632-6C-F-R

6. EFFLUENT LIMITATIONS & MONI TORING REQUIREMENTS (cont’d)

h. Total Phosphorus and Total Orthophosphate : The previous permitting action established a monthly average and daily maximum concentra tion and mass reporting requirements for total phosphorus and total orthophosphate during the warm season (June 1 through September 30) of calendar year 2005 to facilitate th e collection of data necessary to assess the Town’s contribution of phosphorus loading to the receiving water. A review of the DMR data for the period June – September of 2005 indicates values have been reported as follows:

Total phosphorus (Concentration) (4 DMRs)

Value Range (mg/L) Mean (mg/L) Monthly Average 2 - 4 3 Daily Maximum 3 - 5 4

Total phosphorus (Mass) (4 DMRs)

Value Range (lbs/day) Mean (lbs/day) Monthly Average 5 – 10 7 Daily Maximum 4 - 18 9

Total Orthophosphate (Concentration) (4 DMRs)

Value Range (mg/L) Mean (mg/L) Monthly Average 2 – 3 3 Daily Maximum 2 - 4 3

Total Orthophosphate (Mass) (4 DMRs)

Value Range (lbs/day) Mean (lbs/day) Monthly Average 3 – 8 4 Daily Maximum 5 – 8 4

This permitting action is not carrying forward the monitoring requirements for total phosphorus or total orthophosphate as the Department ha s determined it has enough information on the discharge levels of phosphorus from the Howland facility and said levels are not causing or contributing to violations of Class B water quality standards.

i. Whole Effluent Toxicity (WET) and Chem ical Specific Testing – The previous permitting action did not contain any WET or chemical specific te sting requirements as the Howland facility was exempt from said testing pursuant the De partment rule Chapter 530.5. Maine law, 38 M.R.S.A., Sections 414-A and 420, prohibit the discharge of effluents containing substances

in amounts that would cause the surface waters of the State to contain toxic substances above levels set forth in Federal Water Quality Criter ia as established by the USEPA. Department Rules, 06-096 CMR Chapter 530, Surface Water Toxi cs Control Program , and Chapter 584, Surface Water Quality Criteria for Toxic Pollutants set forth ambient water quality criteria (AWQC) for toxic pollutants and pr ocedures necessary to control le vels of toxic pollutants inME0101788 FACT SHEET Page 14 of 16

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6. EFFLUENT LIMITATIONS AND MONI TORING REQUIREMENTS (cont’d)

surface waters. WET, priority pollutant and anal ytical chemistry testing as required by Chapter 530, is included in this permit in order to fully characterize the effluent. This permit also provides for reconsideration of effluent limits and monitoring schedules after eval uation of toxicity testing results. The monitoring schedu le includes consideration of results currently on file, the nature of the wastewater, existing treatment and receiving wa ter characteristics.

WET monitoring is required to assess and protect against impact s upon water quality and designated uses caused by the aggregate effect of the discharge on specific aquatic organisms. Acute and chronic WET tests are performed on inve rtebrate and vertebrate species. Priority pollutant and analytical chemistry testing is requ ired to assess the leve ls of individual toxic pollutants in the discharge, comparing each polluta nt to acute, chronic, and human health AWQC as established in Chapter 584.

Chapter 530 establishes four categories of testing require ments based predominately on the

chronic dilution factor. The categories are as follows:

1) Level I – chronic dilution factor of <20:1. 2) Level II – chronic dilution factor of > 20:1 but <100:1. 3) Level III – chronic dilution factor > 100:1 but <500:1 or >500:1 and Q > 1.0 MGD 4) Level IV – chronic dilution >500:1 and Q <1.0 MGD

Department rule Chapter 530 (1)(D) specifies the cr iteria to be used in determining the minimum monitoring frequency requirements for WET, priority pollutant and analytic al chemistry testing. Based on the Chapter 530 criteria, the permittee’s facility falls into the Level IV frequency category as the facility has a chronic diluti on factor of >500:1 and a Q< 1.0 MGD. Chapter 530(1)(D)(1) specifies that default screening and surveillance leve l testing requirements are as

follows:

Screening level testing – Begi nning 12 months prior to permit expiration and lasting through permit expiration and every five years thereafter.

Level WET Testing Priority pollutant testing Analytical chemistry

IV 1 per year 1 per year 4 per year

Surveillance level testing – Beginning upon i ssuance of the permit and lasting through 12 months prior to permit expiration.

Level WET Testing Priority pollutant testing Analytical chemistry

IV 1 per year None required 1 per yearME0101788 FACT SHEET Page 15 of 16

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6. EFFLUENT LIMITATIONS AND MONI TORING REQUIREMENTS (cont’d)

The routine testing requirements for Level IV are waived pursuant Chapter 530, except that the Department shall require an individual di scharger to conduct testing under the following

conditions.

(a) The discharger's permit application or informa tion available to the Department indicate that toxic compounds may be present in toxic amounts; or

(b) Previous testing conducted by the discharger or similar dischargers indicates that toxic compounds may be present in toxic amounts.

The Department has no information on file that wa rrants establishing WET, priority pollutant or analytical chemistry testing. Special Condition I, 06-096 CMR 530(D)(2)(4) Statement For Reduced/Waived Toxics Testing , of this permit requires the permittee to submit an annual certification indicating the discharge from the fac ility has not change changed substantially since the previous permitting action. If future WET, anal ytical chemistry or pr iority pollutant test results indicates the discharge exceeds AWQC, this permit will be reopened pursuant to Special Condition L, Reopening of Permit For Modification , of this permit to establish applicable limitations and monitoring requirements.

j. Mercury : Pursuant to Certain deposits and discharges prohibited , Maine law, 38 M.R.S.A. §420 and Waste Discharge Licenses , 38 M.R.S.A. § 413 and Interim Effluent Limitations and Controls for the Discharge of Mercury , 06-096 CMR 519 (last amended October 6, 2001), the Department issued a Notice of Interim Limits for the Discharge of Mercury to the permittee on August 28, 2000, thereby administratively modifying MEPDES ME0101788/WDL

W002632-5L-D-R by establishing interim average and da ily m aximum effluent concentration limits of 12.1 parts per trillion (ppt) and 18.1 ppt, respectively, and a minimum monitoring frequency requirement of two (2) tests per year fo r mercury. It is noted the limitations have not been incorporated into Special Condition A, Effluent Limitations And Monitoring Requirements

, of this permit as limitations and monitoring freq uencies are regulated se parately through Maine law, 38 M.R.S.A.§ 413 and 06-096 CMR 519 and Special Condition J of this permit. The interim

limitations remain in effect and enforceable and any modifications to the limits and or monitoring requirements will be formalized outside of this permitting document.

Maine law 38 M.R.S.A., §420 1-B,(B)(1) states that a facility is not in violation of the AWQC for mercury if the facility is in compliance w ith an interim discharge limit established by the Department pursuant to section 413, subsection 11. A revi ew of the Department’s database for the previous 60-month period indicates mercury test results reported have ranged from 1.0 ppt to 3.7 ppt with an arithmetic mean (n=11) of 2.4 ppt.ME0101788 FACT SHEET Page 16 of 16

W002632-6C-F-R

7. DISCHARGE IMPACT ON RECEIVING WATER QUALITY

As permitted, the Department has determined the existing water uses will be maintained and protected and the discharge will not cause or contri bute to the failure of the Penobscot River to meet

standards for Class B classification.

8. PUBLIC COMMENTS

Public notice of this application was made in the Lincoln News newspaper on or about February 18, 2005 . The Department receives public comments on an application until the date a final agency action is taken on th e application. Those persons rece iving copies of draft permits shall have at least 30 days in which to submit co mments on the draft or to request a public hearing, pursuant to Chapter 522 of the Department’s rules.

9. DEPARTMENT CONTACTS

Additional information concerning this permitting action may be obtained from, and written

comments sent to:

Gregg Wood Division of Water Quality Management Bureau of Land & Water Quality Department of Environmental Protection

17 State House Station Augusta, Maine 04333-0017 Telephone: (207) 287-7693

e-mail: gregg.woo@maine.gov

10. RESPONSE TO COMMENTS

During the period of March 22, 2011, through the issuance date of the permit/license, the Department solicited comments on the proposed draft permit/license to be issued for the discharge(s) from the permittee’s facility. The Department did not receive comments from the permittee, state or federal agencies or interested parties that result ed in any substantive change(s) in the terms and conditions of the permit. Therefore, the Depart ment has not prepared a Response to Comments.MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS

------------------------------------ ----------------- ------------------ ----------------- -----------------------------

CONTENTS

SECTION TOPIC PAGE

A GENERAL PROVISIONS

1 General compliance 2

2 Other materials 2

3 Duty to Comply 2

4 Duty to provide information 2

5 Permit actions 2

6 Reopener clause 2

7 Oil and hazardous substances 2

8 Property rights 3

9 Confidentiality 3

10 Duty to reapply 3

11 Other laws 3

12 Inspection and entry 3

B OPERATION AND MAINTENANCE OF FACILITIES

1 General facility requirements 3

2 Proper operation and maintenance 4

3 Need to halt reduce not a defense 4

4 Duty to mitigate 4

5 Bypasses 4

6 Upsets 5

C MONITORING AND RECORDS

1 General requirements 6

2 Representative sampling 6

3 Monitoring and records 6

D REPORTING REQUIREMENTS

1 Reporting requirements 7

2 Signatory requirement 8

3 Availability of reports 8

4 Existing manufacturing, commercial, mi ning, and silvicultural dischargers 8

5 Publicly owned treatment works 9

E OTHER PROVISIONS

1 Emergency action - power failure 9

2 Spill prevention 10

3 Removed substances 10

4 Connection to municipal sewer 10

F DEFINTIONS 10

------------------------------------ ----------------- ------------------ ----------------- ----------------------------- Revised July 1, 2002 Page 1MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS

------------------------------------ ----------------- ------------------ ----------------- ----------------------------- A. GENERAL PROVISIONS

1. General compliance . All discharges shall be consistent with the terms and conditions of this permit; any changes in production capacity or process modificati ons which result in changes in the quantity or the characteristics of the discharge must be authorized by an additional license or by modifications of this permit; it shall be a violation of the terms and conditions of this permit to discharge any pollutant not identified and authorized herein or to discharge in excess of the rates or quantities authorized herein or to violate any other conditions of this permit.

2. Other materials. Other materials ordinarily produced or u sed in the operation of this facility, which have been specifically identified in the applicati on, may be discharged at the maximum frequency and maximum level identified in the application, provided:

(a) They are not

(i) Designated as toxic or hazardous under the provisions of Sections 307 and 311, respectively, of the Federal Water Pollution Control Act; Title 38, Section 420, Maine Revised Statutes; or other applicable State Law; or (ii) Known to be hazardous or toxic by the licensee.

(b) The discharge of such materials will not violate applicable water quality standards.

3. Duty to comply. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of State la w and the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application.

(a) The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act, and 38 MRSA, §420 or Chapter 530.5 for toxic pollutants within the time provided in th e regulations that establish these standards or pr ohibitions, even if the permit has not yet been modified to incorporate the requirement. (b) Any person who violates any provision of the laws administered by the Department, including without limitation, a violation of the terms of any order, rule license, permit, approval or decision of the Board or Commissione r is subject to the penalties set forth in 38 MRSA, §349.

4. Duty to provide information. The permittee shall furnish to the Department, within a reasonable time, any information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating th is permit or to determine compliance with this permit. The permittee shall also furnish to the Depa rtment upon request, copies of records required to be kept by this permit.

5. Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modifica tion, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

6. Reopener clause . The Department reserves the right to make appropriate revisions to this permit in order to establish any appropriate effluent limitations , schedule of compliance or other provisions which may be authorized under 38 MRSA, §414-A(5).

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------------------------------------ ----------------- ------------------ ----------------- ----------------------------- 7. Oil and hazardous substances. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from an y responsibilities, liabilities or penalties to which the permittee is or may be subject under section 311 of the Federal Clean Water Act; section 106 of the Federal Comprehensive Environmental Response, Co mpensation and Liability Act of 1980; or 38 MRSA §§ 1301, et. seq.

8. Property rights . This permit does not convey any property rights of any sort, or any exclusive privilege.

9. Confidentiality of records. 38 MRSA §414(6) reads as follows. "Any records, reports or information obtained under this subchapter is available to the public, except that upon a showing satisfactory to the department by any person that any records, reports or information, or particular part or any record, report or information, other than the names and addresses of a pplicants, license applications, licenses, and effluent data, to which the department has access under this s ubchapter would, if made public, divulge methods or processes that are entitled to protection as trade secrets, these records, reports or information must be confidential and not available for public inspection or examination. Any records, reports or information may be disclosed to employees or authorized representativ es of the State or the United States concerned with carrying out this subchapter or any applicable federa l law, and to any party to a hearing held under this section on terms the commissioner may prescribe in order to protect these confidential records, reports and information, as long as this disclosure is material and relevant to any issue under consideration by the department."

10. Duty to reapply. If the permittee wishes to continue an ac tivity regulated by this permit after the expiration date of this permit, the permitt ee must apply for and obtain a new permit.

11. Other laws . The issuance of this permit does not authorize any injury to persons or property or invasion of other property rights, nor does it relieve th e permittee if its obligation to comply with other applicable Federal, State or local laws and regulations.

12. Inspection and entry . The permittee shall allow the Department, or an authorized representative (including an authorized contractor acting as a representative of the EPA Administrator), upon presentation of credentials and other documents as may be required by law, to:

(a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be ke pt under the conditions of this permit; (b) Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or ope rations regulated or requ ired under this permit; and (d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.

B. OPERATION AND MAINTENACE OF FACILITIES

1. General facility requirements.

(a) The permittee shall collect all waste flows designated by the Department as requiring treatment and discharge them into an approved w aste treatment facility in such a manner as to

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------------------------------------ ----------------- ------------------ ----------------- ----------------------------- maximize removal of pollutants unless authorization to the contrary is obtained from the Department. (b) The permittee shall at all times maintain in good working order and operate at maximum efficiency all waste water collection, treatment and/or control facilities. (c) All necessary waste treatment facilities will be in stalled and operational prior to the discharge of any wastewaters. (d) Final plans and specifications must be submitted to the Department for review prior to the construction or modification of any treatment facilities. (e) The permittee shall install flow measuring fac ilities of a design approved by the Department. (f) The permittee must provide an outfall of a d esign approved by the Department which is placed in the receiving waters in such a manner that the maximum mixing and dispersion of the wastewaters will be achieved as rapidly as possible.

2. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and rela ted appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achie ve compliance with the conditions of the permit.

3. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

4. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

5. Bypasses.

(a) Definitions.

(i) Bypass means the intentional diversion of waste streams from any portion of a treatment facility. (ii) Severe property damage m eans substantial physical damage to property, damage to the

treatment facilities which causes them to b ecome inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

(b) Bypass not exceeding limitations. The permitt ee 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 su bject to the provisions of paragraphs (c) and (d) of this section.

(c) Notice.

(i) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass.

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------------------------------------ ----------------- ------------------ ----------------- ----------------------------- (ii) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in paragraph D(1)(f), below. (24-hour notice).

(d) Prohibition of bypass.

(i) Bypass is prohibited, and the Department may take enforcement action against a permittee for bypass, unless:

(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This conditi on is not satisfied if adequate back-up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occu rred during normal periods of equipment downtime or preventive maintenance; and (C) The permittee submitted notices as require d under paragraph (c) of this section.

(ii) The Department may approve an anticipated bypass, after considering its adverse effects, if the Department determines that it will meet the three conditions listed above in paragraph (d)(i) of this section.

6. Upsets.

(a) Definition. Upset means an exceptional in cident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operationa l error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (b) Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph (c) of this section are met. No dete rmination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. (c) Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstr ate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

(i) An upset occurred and that the permitt ee can identify the cause(s) of the upset; (ii) The permitted facility was at th e time being properly operated; and (iii) The permittee submitted notice of the upset as required in paragraph D(1)(f) , below. (24 hour notice). (iv) The permittee complied with any remedi al measures required under paragraph B(4).

(d) Burden of proof. In any enforcement pr oceeding the permittee seeking to establish the occurrence of an upset has the burden of proof.

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C. MONITORING AND RECORDS

1. General Requirements. This permit shall be subject to su ch monitoring requirements as may be reasonably required by the Department including th e installation, use and maintenance of monitoring equipment or methods (including, where appropriate, biological monitoring methods). The permittee shall provide the Department with periodic repor ts on the proper Department reporting form of monitoring results obtained pursuant to the monitoring requirements contained herein.

2. Representative sampling. Samples and measurements taken as re quired herein shall be representative

of the volume and nature of the mon itored discharge. If effluent limitations are based wholly or partially on quantities of a product processed, the permittee sha ll ensure samples are representative of times when production is taking place. Where discharge monitoring is required when production is less than 50%, the resulting data shall be reported as a daily measuremen t but not included in computation of averages, unless specifically authorized by the Department.

3. Monitoring and records.

(a) Samples and measurements taken for the purpo se of monitoring shall be representative of the monitored activity.

(b) Except for records of monitoring information required by this permit re lated to the permittee's sewage sludge use and disposal activities, which sha ll be retained for a period of at least five years, the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all orig inal strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Department at any time.

(c) Records of monitoring information shall include:

(i) The date, exact place, and time of sampling or measurements; (ii) The individual(s) who performed the sampling or measurements; (iii) The date(s) analyses were performed; (iv) The individual(s) who performed the analyses; (v) The analytical techniques or methods used; and (vi) The results of such analyses.

(d) Monitoring results must be conducted acco rding to test procedures approved under 40 CFR part 136, unless other test procedures have been specified in the permit.

(e) State law provides that any person who tampers with or renders inaccurate any monitoring devices or method required by any provision of law, or any order, rule license, permit approval or decision is subject to the penalties set forth in 38 MRSA, §349.

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------------------------------------ ----------------- ------------------ ----------------- ----------------------------- D. REPORTING REQUIREMENTS

1. Reporting requirements.

(a) Planned changes. The permittee shall give notice to the Department as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only

when:

(i) The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR 122.29(b); or (ii) The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification appli es to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under Section D(4). (iii) The alteration or addition results in a si gnificant change in the permittee's sludge use or disposal practices, and such alteration, additio n, or change may jus tify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan;

(b) Anticipated noncompliance. The permittee shal l give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. (c) Transfers. This permit is not transferab le to any person except upon application to and approval of the Department pursuant to 38 MRSA, § 344 and Chapters 2 and 522. (d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit.

(i) Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms provided or specified by the Department for reporting results of monitoring of sludge use or disposal practices. (ii) If the permittee monitors any pollutant more frequently than required by the permit using test procedures approved under 40 CFR part 136 or as specified in the permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by the Department. (iii) Calculations for all limitations which requi re averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Department in the permit.

(e) Compliance schedules. Reports of complia nce or noncompliance with, or any progress reports on, interim and final requirements c ontained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.

(f) Twenty-four hour reporting.

(i) The permittee shall report any noncomp liance which may endanger health or the environment. Any information shall be provide d orally within 24 hours from the time the permittee becomes aware of the circumstan ces. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances.

The written submission shall contain a descr iption of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance

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------------------------------------ ----------------- ------------------ ----------------- ----------------------------- has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prev ent reoccurrence of the noncompliance.

(ii) The following shall be included as inform ation which must be reported within 24 hours under this paragraph.

(A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B) Any upset which exceeds any effl uent limitation in the permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Department in the permit to be reported within 24 hours.

(iii) The Department may waive the written report on a case-by-case basis for reports under paragraph (f)(ii) of this section if the oral report has been received within 24 hours.

(g) Other noncompliance. The permittee shall re port all instances of noncompliance not reported under paragraphs (d), (e), and (f) of this section, at the time monitoring reports are submitted. The reports shall contain the information listed in paragraph (f) of this section. (h) Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted inco rrect information in a permit application or in any report to the Department, it shall prom ptly submit such facts or information.

2. Signatory requirement . All applications, reports, or information submitted to the Department shall be signed and certified as required by Chapter 521, Section 5 of the Department's rules. State law provides that any person who knowingly makes any fal se statement, representation or certification in any application, record, report, plan or other document file d or required to be maintained by any order, rule, permit, approval or decision of the Board or Commi ssioner is subject to the penalties set forth in 38 MRSA, §349.

3. Availability of reports. Except for data determined to be confidential under A(9), above, all reports prepared in accordance with the terms of this permit sh all be available for public inspection at the offices of the Department. As required by State law, effl uent data shall not be c onsidered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal sanctions as provided by law.

4. Existing manufacturing, commercial , mining, and silvicultural dischargers. In addition to the reporting requirements under this Section, all ex isting manufacturing, commercial, mining, and silvicultural dischargers must notify the Department as soon as they know or have reason to believe:

(a) That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'':

(i) One hundred micrograms per liter (100 ug/l); (ii) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/l) for 2,4-dinitr ophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/l) for antimony; (iii) Five (5) times the maximum concentration va lue reported for that pollutant in the permit application in accordance with Chapter 521 Section 4(g)(7); or (iv) The level established by the Department in accordance with Chapter 523 Section 5(f).

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------------------------------------ ----------------- ------------------ ----------------- ----------------------------- (b) That any activity has occurred or will occu r which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following ``notification levels'':

(i) Five hundred micrograms per liter (500 ug/l); (ii) One milligram per liter (1 mg/l) for antimony; (iii) Ten (10) times the maximum concentration va lue reported for that pollutant in the permit application in accordance with Chapter 521 Section 4(g)(7); or (iv) The level established by the Department in accordance with Chapter 523 Section 5(f).

5. Publicly owned treatment works.

(a) All POTWs must provide adequate no tice to the Department of the following:

(i) Any new introduction of pollutants into th e POTW from an indirect discharger which would be subject to section 301 or 306 of CWA or Chapter 528 if it were directly discharging those pollutants. (ii) Any substantial change in the volume or character of pollutants being introduced into that POTW by a source introducing pollutants into the POTW at the time of issuance of the permit. (iii) For purposes of this paragraph, adequate notice shall include information on (A) the quality and quantity of effluent introduced into the POTW, and (B) any anticipated impact of the change on the quantity or qua lity of effluent to be discharged from the

POTW.

(b) When the effluent discharged by a POTW for a period of three consecutive months exceeds 80 percent of the permitted flow, the permittee sh all submit to the Department a projection of loadings up to the time when the design capacity of the treatment facility will be reached, and a program for maintaining satisfactory treatme nt levels consistent with approved water quality management plans.

E. OTHER REQUIREMENTS

1. Emergency action - power failure. Within thirty days after the effective date of this permit, the permittee shall notify the Department of facilities and pl ans to be used in the event the primary source of power to its wastewater pumping and treatment facilities fails as follows.

(a) For municipal sources. During power failure, all wastewaters which are normally treated shall receive a minimum of primary treatment and disinfection. Unless otherwise approved, alternate power supplies shall be provided for pump ing stations and treatment facilities. Alternate power supplies shall be on-site ge nerating units or an outside power source which is separate and independent from sources used for norma l operation of the wastewater facilities.

(b) For industrial and commercial sources. The permittee shall either maintain an alternative power source sufficient to operate the wastewater pumping and treatment facilities or halt, reduce or otherwise control production and or all di scharges upon reduction or loss of power to the wastewater pumping or treatment facilities.

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------------------------------------ ----------------- ------------------ ----------------- ----------------------------- 2. Spill prevention. (applicable only to industrial sources) W ithin six months of the effective date of this permit, the permittee shall submit to the Department for review and approval, with or without conditions, a spill prevention plan. The plan shall de lineate methods and measures to be taken to prevent and or contain any spills of pulp, chemicals, oils or other contaminates and shall specify means of disposal and or treatment to be used.

3. Removed substances. Solids, sludges trash rack cleanings , filter backwash, or other pollutants removed from or resulting from the treatment or control of waste waters shall be disposed of in a manner approved by the Department.

4. Connection to municipal sewer. (applicable only to industria l and commercial sources) All wastewaters designated by the Department as treatable in a municipal treatment system will be cosigned to that system when it is available. This permit will expire 90 days after the municipal treatment facility becomes available, unless this time is extended by the Department in writing.

F. DEFINITIONS. For the purposes of this permit, the following definitions shall apply. Other definitions applicable to this permit may be found in Chapters 520 through 529 of the Department's rules

Average means the arithmetic mean of values taken at the frequency required for each parameter over the specified period. For bacteria, the average shall be the geometric mean.

Average monthly discharge limitation means the highest allowable average of daily discharges over a calendar month, calculated as the sum of all daily discharges measured during a calendar month divided by the number of daily discharges measured during th at month. Except, however, bacteriological tests may be calculated as a geometric mean.

Average weekly discharge limitation means the highest allowable av erage of daily discharges over a calendar week, calculated as the sum of all daily di scharges measured during a calendar week divided by the number of daily discharges measured during that week.

Best management practices ("BMPs'') means schedules of activities, prohibitions of practices, maintenance procedures, and other ma nagement practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

Composite sample means a sample consisting of a minimum of eight grab samples collected at equal intervals during a 24 hour period (or a lesser period as specified in the section on monitoring and reporting) and combined proportional to the flow over that same time period.

Continuous discharge means a discharge which occurs without interruption throughout the operating hours of the facility, except for infrequent shutdowns fo r maintenance, process changes, or other similar

activities.

Daily discharge means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purpo ses of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day.

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------------------------------------ ----------------- ------------------ ----------------- ----------------------------- Discharge Monitoring Report ("DMR'') means the EPA uniform national form, including any subsequent additions, revisions, or modifications for the reporting of self-monitoring results by permittees. DMRs must be used by approved Stat es as well as by EPA. EPA will supply DMRs to any approved State upon request. The EPA national forms may be modified to substitute the State Agency name, address, logo, and other similar information, as appropriate, in place of EPA's.

Flow weighted composite sample means a composite sample consisting of a mixture of aliquots collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of the discharge.

Grab sample means an individual sample collected in a period of less than 15 minutes.

Interference means a Discharge which, alone or in conjunction with a discharge or discharges from other sources, both:

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and (2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more commonly referred to as the Resource Con servation and Recovery Act (RCRA), and including State regulations contained in any St ate sludge management plan prepared pursuant to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection, Research and Sanctuaries Act.

Maximum daily discharge limitation means the highest allowable daily discharge.

New source means any building, structure, facility, or in stallation from which there is or may be a discharge of pollutants, the construction of which commenced:

(a) After promulgation of standards of performance under section 306 of CWA which are applicable to such source, or (b) After proposal of standards of perform ance in accordance with section 306 of CWA which are applicable to such source, but only if the standards are promulgated in accordance with section 306 within 120 days of their proposal.

Pass through means a discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the magnitude or duration of a violation).

Permit means an authorization, license, or equivalent control document issued by EPA or an approved State to implement the requirements of 40 CFR parts 122, 123 and 124. Permit includes an NPDES general permit (Chapter 529). Perm it does not include any permit which has not yet been the subject of final agency action, such as a draft permit or a proposed permit.

Person means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, federal agency or other legal entity.

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------------------------------------ ----------------- ------------------ ----------------- ----------------------------- Revised July 1, 2002 Page 12 Point source means any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fi ssure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged.

Pollutant means dredged spoil, solid waste, junk, incinera tor residue, sewage, refuse, effluent, garbage, sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or byproducts, heat, wrecked or discarded equipment, ro ck, sand, dirt and industrial, municipal, domestic, commercial or agricultural wastes of any kind.

Process wastewater means any water which, during manufactur ing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product.

Publicly owned treatment works ("POTW'') means any facility for the treatment of pollutants owned by the State or any political subdivision thereof, any municipality, district, quasi-municipal corporation or other public entity.

Septage means, for the purposes of this permit, any wast e, refuse, effluent sludge or other material removed from a septic tank, cesspool, vault privy or similar source which concentrates wastes or to which chemicals have been added. Septage does not include wastes from a holding tank.

Time weighted composite means a composite sample consisting of a mixture of equal volume aliquots

collected over a constant time interval.

Toxic pollutant includes any pollutant listed as toxic under section 307(a)(1) or, in the case of sludge use or disposal practices, any pollutant identified in regulations implementing section 405(d) of the CWA. Toxic pollutant also includes those substances or combination of substances, including disease causing agents, which after discharge or upon exposure, ing estion, inhalation or assim ilation into any organism, including humans either directly through the envi ronment or indirectly through ingestion through food chains, will, on the basis of information available to the board either alone or in combination with other substances already in the receiving waters or the discharge, cause death, disease, abnormalities, cancer, genetic mutations, physiological ma lfunctions, including malfunctions in reproduction, or physical deformations in such organism or their offspring.

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions . Wetlands generally include swamps, marshes, bogs,

and similar areas.

Whole effluent toxicity means the aggregate toxic effect of an effluent measured directly by a toxicity

test.