STATE O F MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

PAUL R. LEPAGE JAMES P. BROOKS

GOVERNOR ACTING COMMISSIONER

AUGUSTA 

17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE 

AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK 

(207) 287-7688 FAX: (207) 287-7826 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 

RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207)760-3143 

web site: www.maine.gov/dep 

May 25, 2011 

VIA ELECTRONIC MAIL 

Mr. Darold Wooley 

Superintendent 

Lincoln Sanitary District 

P.O. Box 56 

Lincoln, Maine 04457 

lincolnsanitarydistrict@myfairpoint.net

RE: Maine Pollutant Discharge Elimination System (MEPDES) Permit #ME0101796 

Maine Waste Discharge License (WDL) Application #W001479-6D-E-R 

 Final Permit/License – Lincoln Sanitary District 

Dear Mr. Wooley: 

Enclosed please find a copy of your final Maine MEPDES Permit/WDL which was approved by 

the Department of Environmental Protection. Please read the license and its attached conditions 

carefully. You must follow the conditions in the license to satisfy the requirements of law. Any 

discharge not receiving adequate treatment is in violation of State law and is subject to 

enforcement action. 

Any interested person aggrieved by a Department determination made pursuant to applicable 

regulations, may appeal the decision following the procedures described in the attached DEP 

FACT SHEET entitled “Appealing a Commissioner’s Licensing Decision.” 

If you have any questions regarding this matter, please feel free to contact me at (207) 287-7658 

or at phyllis.a.rand@maine.gov. 

Sincerely, 

Phyllis Arnold Rand 

Division of Water Quality Management 

Bureau of Land and Water Quality 

Enclosure 

Stakeholder Service List 

Sandy Mojica, USEPA 

STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

17 STATE HOUSE STATION 

AUGUSTA, ME 04333 

IN THE MATTER OF 

LINCOLN SANITARY DISTRICT ) MAINE POLLUTANT DISCHARGE 

LINCOLN, PENOBSCOT COUNTY, MAINE ) ELIMINATION SYSTEM PERMIT 

PUBLICLY OWNED TREATMENT WORKS ) AND 

ME0101796 ) WASTE DISCHARGE LICENSE 

W001479-6D-E-R APPROVAL ) RENEWAL

Pursuant to the provisions of the Federal Water Pollution Control Act, Title 33 USC, Section 

1251, et. seq. and Maine Law 38 M.R.S.A., Section 414-A et seq., and applicable regulations,

the Department of Environmental Protection (“the Department,” hereinafter) has considered the 

application of the LINCOLN SANITARY DISTRICT (“the LSD,” or “permittee,” hereinafter), 

with its supportive data, agency review comments, and other related material on file and FINDS 

THE FOLLOWING FACTS: 

APPLICATION SUMMARY

The LSD has submitted a timely and complete application to the Department for the renewal of 

combination Maine Pollutant Discharge Elimination System (MEPDES) permit 

#ME0101796/Maine Waste Discharge License (WDL) #W001479-5L-D-M (“permit,” 

hereinafter) which was issued by the Department on December 16, 2003 and expired on 

March 31, 2008. The 12/16/03 permit authorized the discharge of up to a monthly average flow 

of 1.07 million gallons per day (MGD) of secondary treated sanitary waste waters and an 

unspecified quantity of primary treated combined sanitary and storm water to the Penobscot 

River, Class C, in Lincoln, Maine. The main stem of the Penobscot River in the vicinity of the 

LSD discharge was reclassified to a Class B waterway in 2005. 

PERMIT SUMMARY 

This permitting action is similar to the 12/16/03 permitting action in that it is carrying forward 

all the terms and conditions of the permit with a few exceptions. This permitting action is 

different in that it is: 

1) Establishing whole effluent toxicity (WET), analytical chemistry and priority pollutant 

testing requirements based on Surface Water Toxics Control Program, 06-096 CMR 530, 

(effective October 12, 2005). 
ME0101796 PERMIT Page 2 of 21 

W0001479-6D-E-R 

PERMIT SUMMARY (cont’d) 

2) Establishing more stringent technology based monthly average (geometric mean) and daily 

maximum limitations for E. coli bacteria based on reclassification of the Penobscot River at 

point of discharge from a Class C to a Class B waterway. 

3) Establishing monthly average and daily maximum water quality based mass and 

concentration limits for total copper. 

4) Modifying the secondary bypass outfall designation from Outfall #001C to Outfall #002A to 

coincide with the outfall designation in the DEP compliance tracking database. 

5) Establishing a Department Best Professional Judgment daily maximum flow “Report only” 

limitation (Outfall 001A) in order to monitor flows associated with wet weather events. 
ME0101796 PERMIT Page 3 of 21 

W0001479-6D-E-R 

CONCLUSIONS 

BASED on the findings in the attached Fact Sheet dated May 25, 2011 and subject to the 

Conditions listed below, the Department makes the following CONCLUSIONS: 

1. The discharge, either by itself or in combination with other discharges, will not lower the 

quality of any classified body of water below such classification. 

2. The discharge, either by itself or in combination with other discharges, will not lower the 

quality of any unclassified body of water below the classification which the Department 

expects to adopt in accordance with state law. 

3. The provisions of the State’s antidegradation policy, 38 MRSA Section 464(4)(F), will be 

met, in that: 

a. Existing in-stream water uses and the level of water quality necessary to protect and 

maintain those existing uses will be maintained and protected; 

b. Where high quality waters of the State constitute an outstanding national resource, that 

water quality will be maintained and protected; 

c. The standards of classification of the receiving water body are met or, where the 

standards of classification of the receiving water body are not met, the discharge will not 

cause or contribute to the failure of the water body to meet the standards of classification; 

d. Where the actual quality of any classified receiving water body exceeds the minimum 

standards of the next highest classification, that higher water quality will be maintained 

and protected; and 

e. Where a discharge will result in lowering the existing quality of any water body, the 

Department has made the finding, following opportunity for public participation, that this 

action is necessary to achieve important economic or social benefits to the State. 

4. The discharge(s) will be subject to effluent limitations and terms and conditions that require 

application of best practicable treatment. 
ME0101796 PERMIT Page 4 of 21 

W0001479-6D-E-R 

ACTION 

THEREFORE, the Department APPROVES the application of the LINCOLN SANITARY 

DISTRICT to discharge up to a monthly average flow of 1.07 million gallons per day (MGD) of 

secondary treated sanitary waste waters and an unspecified quantity of excess combined sanitary 

and storm water receiving primary treatment only from a municipal waste water treatment 

facility to the Penobscot River, Class B, in Lincoln, Maine. The discharges shall be subject to the 

attached conditions and all applicable standards and regulations: 

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 effluent limitations and monitoring 

requirements. 

3. This permit and the authorization to discharge become effective upon the date of signature 

below and expire at midnight five (5) years from the effective date. If a renewal application 

is timely submitted and accepted as complete for processing prior to the expiration of this 

permit, the authorization to discharge and the terms and conditions of this permit and all 

modifications and minor revisions thereto remain in effect until a final Department decision 

on the renewal application becomes effective. [Maine Administrative Procedure Act, 5 

M.R.S.A. § 10002 and Rules Concerning the Processing of Applications and Other 

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

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES 

Date of initial receipt of application November 29, 2007 . 

Date of application acceptance December 3, 2007 .

This Order prepared by Phyllis Arnold Rand, BUREAU OF LAND & WATER QUALITY 

ME0101796 2011 
ME0101796 PERMIT Page 5 of 21 

W0001479-6D-E-R SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

1. Beginning the effective date of this permit, the permittee is authorized to discharge secondary treated waste wa

Such treated waste water discharges shall be limited and monitored by the permittee as specified below. The itabracketed in the table below and on the following pages are code numbers that Department personnel utilize to Reports. 

SECONDARY TREATED WASTE WATERS - OUTFALL #001A 

Effluent Characteristic Discharge Limitations 

Monthly 

Average

Weekly 

Average

Daily 

Maximum

Monthly 

Average

Weekly 

Average

Daily 

Maximum

M

Flow [50050] 1.07 MGD[03] --- Report MGD[03] --- --- --- Biochemical Oxygen Demand (BOD5) [00310] 

268 lbs/Day 

[26] 

402 lbs/Day 

[26]

Report 

lbs/Day[26]

30 mg/L [19] 45 mg/L [19] 50 mg/L [19] 

BOD5 % Removal(1) [81010] --- --- --- 85%[23] --- --- Total Suspended Solids (TSS) [00530]

268 lbs/Day 

[26] 

402 lbs/Day 

[26]

Report 

lbs/Day[26]

30 mg/L [19] 45 mg/L [19] 50 mg/L [19] 

TSS % Removal(1) [81011] --- --- --- 85%[23] --- --- Settleable Solids [00545] --- --- --- --- --- 0.3 ml/L [25] E. coli Bacteria(2)

(May 15 – September 30) 

[31633] 

--- --- --- 64/100 ml(3)

[13] 

--- 427/100 ml 

[13]

Total Residual Chlorine(4)

[50060]

--- --- --- --- --- 1.0 mg/L [19] 

pH (Std. Units) [00400] --- --- --- --- --- 6.0-9.0 [12] 

FOOTNOTES: See pages 9 – 13 of this permit for applicable footnotes.
ME0101796 PERMIT Page 6 of 21 

W0001479-6D-E-R SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

2. Beginning the effective date of this permit, discharges shall be limited and monitored by the permittee as specifSECONDARY TREATED WASTE WATERS - OUTFALL #001A 

Effluent Characteristic Discharge Limitations 

Monthly 

Average

Weekly 

Average

Daily 

Maximum

Monthly 

Average

Weekly 

Average

Daily 

Maximum

Copper (Total) [01042]

0.11 lbs/day 

[26]

--- 0.14 lbs/day 

[26]

24 ug/L 

[28]

--- 30 ug/L 

[28]

The italicized bracketed numeric values in the table above and tables that follow are not limitations but are code numbers 

personnel to code the Discharge Monitoring Reports (DMR). 

FOOTNOTES: See pages 9 – 13 of this permit for applicable footnotes. 
ME0101796 PERMIT Page 7 of 21 

W0001479-6D-E-R SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) – OUTFALL #001A 

3. SCREENING LEVEL - Beginning 12 months prior to expiration of the permit and every five years thereafter. SECONDARY TREATED WASTE WATERS - OUTFALL #001A 

Effluent Characteristic Discharge Limitations 

M

Monthly 

Average

Daily 

Maximum

Monthly 

Average

Daily 

Maximum

Measure

Freque

Whole Effluent Toxicity(5)

 Acute – NOEL

Ceriodaphnia dubia (Water flea) [TDA3B]

 Salvelinus fontinalis (Brook trout) [TDA6F]

Chronic – NOEL 

Ceriodaphnia dubia (Water flea) [TBP3B]Salvelinus fontinalis (Brook trout) [TBQ6F]

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

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

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

Report % [23]

Report % [23]

Report %[23]

Report % [23]

1/Year[

1/Year[1/Year[

1/Year 

Analytical chemistry(6) [51477] --- --- --- Report ug/L [28] 1/QuartePriority Pollutant (7) [50008] --- --- --- Report ug/L [28] 1/Year 

FOOTNOTES: See pages 9 – 13 of this permit for applicable footnotes. 
ME0101796 PERMIT Page 8 of 21 

W0001479-6D-E-R SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

4. During the period beginning the effective date of the permit, the permittee is authorized to bypass secondary tre

bypasses of secondary treatment discharges(13) may only occur in response to wet weather events when the influ

treatment facility exceeds a peak hourly flow rate of 1,944 gallons per minute (2.8 MGD) or in accordance with Wet Weather Flow Management Plan. Approval of said bypass will be reviewed and may be modified or terminCondition M, Reopening of Permit For Modification, if there is a substantial change in the volume or character collection/treatment system, if new information regarding CSO management becomes available or if necessary 

approved CSO Master Plan. Bypasses shall be monitored and reported as specified below. 

PRIMARY TREATED WASTE WATERS - OUTFALL #002A (Secondary Treatment Bypass)

Effluent Characteristic Discharge Limitations

Mon

Monthly 

Average

as specified 

Daily 

Maximum

as specified 

Monthly 

Average

As specified 

Daily 

Maximum

as specified 

Measuremen

as spec

Flow, MGD [50050] Report 

(Total MGD) [03]

Report (MGD) [03] --- --- Continuo

Surface Loading Rate(9) [50997] --- Report (gpd/sf) [07] --- --- 1/Discharge Overflow Use, Occurrences(10)

[74062]

--- --- Report 

(# of days) [93]

--- 1/Discharge 

BOD5 [00310] --- --- --- Report mg/L[19] 1/Discharge BOD5 % Removal(1,11) [81010] Report (%)[23] --- --- --- 1/Month TSS [00530] --- --- --- Report mg/L[19] 1/Discharge DTSS % Removal(1,11) [81011] Report (%)[23] --- --- --- 1/Month E. coli Bacteria(2) [31633]

(May 15 – September 30) --- --- --- 427/100 mL

[13]

1/Discharge D

Total Residual Chlorine(2)

[50060] [19]

--- --- --- 1.0 mg/L 1/Discharge 
ME0101796 PERMIT Page 9 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

Footnotes: 

Sampling Locations: 

Influent sampling for BOD5 and TSS shall be sampled (composite) at a point between the 

flow control structure at the headworks and the bar rack. 

Effluent receiving secondary treatment (Outfall #001A) shall be sampled (composite and 

grab) for all parameters specified in Special Condition A(1) after the chlorine contact 

chamber on a year-round basis. Sampling of the secondary effluent shall be conducted prior 

to combining with the primary treated effluent during a bypass event. 

Effluent receiving primary treatment (Outfall #002A) shall be sampled (composite and 

grab samples) for all parameters specified in Special Condition A(2) after primary 

clarification but before combining with the secondary treated effluent. 

Any change in sampling location(s) must be reviewed and approved by the Department in 

writing. 

Sampling and analysis must be conducted in accordance with; a) methods approved in 40 

Code of Federal Regulations (CFR) Part 136, b) alternative methods approved by the 

Department in accordance with the procedures in 40 CFR Part 136, or c) as otherwise 

specified by the Department. Samples that are sent out for analysis shall be analyzed by a 

laboratory certified by the State of Maine’s Department of Human Services for waste water 

testing. Samples that are sent to another POTW licensed pursuant to Waste discharge 

licenses, 38 M.R.S.A. § 413 or laboratory facilities that analyze compliance samples inhouse are subject to the provisions and restrictions of Maine Comprehensive and Limited 

Environmental Laboratory Certification Rules, 10-144 CMR 263 (last amended 

February 13, 2000). 

All analytical test results shall be reported to the Department including results which are 

detected below the respective reporting limits (RLs) specified by the Department or as 

specified by other approved test methods. 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 where Y is the RL achieved by the laboratory for 

each respective parameter. Reporting a value of <Y that is greater than an established RL or 

reporting an estimated value (“J” flagged) is not acceptable and will be rejected by the 

Department. Reporting analytical data and its use in calculations must follow established 

Department guidelines specified in this permit or in available Department guidance 

documents. 
ME0101796 PERMIT Page 10 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

Footnotes: 

1. Percent removal – For secondary treated waste waters, the facility shall maintain a 

minimum of 85 percent removal of both BOD5 and TSS. For both primary treated and 

secondary treated waste waters, the percent removal shall be based on a monthly average 

value calculated based on influent and effluent concentrations. The percent removal shall 

be waived when the monthly average influent concentration is less than 200 mg/L. For 

instances when this occurs, the facility shall report “NODI-9” on the monthly Discharge 

Monitoring Report. 

2. E. coli bacteria - Limits are seasonal and apply between May 15 and September 30 of 

each calendar year. The Department reserves the right to require disinfection on a yearround basis to protect the health and welfare of the public. 

3. E. coli bacteria – The monthly average limitation is a geometric mean limitation and 

shall be calculated and reported as such. 

4. Total residual chlorine (TRC) – Limitations and monitoring requirements are in effect 

anytime elemental chlorine or chlorine based compounds are utilized to disinfect the 

discharge(s). The permittee shall utilize an EPA-approved test method capable of 

bracketing the TRC limitations specified in this permitting action. 

5. Whole effluent toxicity (WET) testing - Definitive WET testing is a multiconcentration testing event (a minimum of five dilutions bracketing the critical acute and 

chronic dilutions of 0.24% and 0.06% respectively), which provides a point estimate of 

toxicity in terms of No Observed Effect Level, commonly referred to as NOEL or NOEC. 

A-NOEL is defined as the acute no observed effect level with survival as the end point. 

C-NOEL is defined as the chronic no observed effect level with survival, reproduction 

and growth as the end points. 

a. Screening level testing - Beginning 12 months prior to expiration of the permit and 

every five years thereafter, the permittee shall initiate screening level WET tests at a 

frequency of once per year (any calendar quarter). Testing shall be conducted on the 

water flea (Ceriodaphnia dubia) and the brook trout (Salvelinus fontinalis). WET test 

results must be submitted to the Department not later than the next Discharge 

Monitoring Report (DMR) required by the permit, provided, however, that the 

permittee may review the toxicity reports for up to 10 business days after receiving 

the test results from the laboratory conducting the testing. The permittee shall 

evaluate test results being submitted and identify to the Department possible 

exceedences of the critical acute and chronic water quality thresholds of 0.24% and 

0.06%. Surveillance level testing for the first four years of 
ME0101796 PERMIT Page 11 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

Footnotes: 

the term of this permit have been waived in accordance with the criteria in 06-096 

CMR 530 (D)(3)(b). 

Toxicity tests must be conducted by an experienced laboratory approved by the 

Department. See Attachment B of this permit for a copy of the Department’s WET 

report form. The laboratory must follow procedures as described in the following 

U.S.E.P.A. methods manuals. 

a. Short Term Methods for Estimating the Chronic Toxicity of Effluent and Receiving 

Water to Freshwater Organisms, Fourth Edition, October 2002, EPA-821-R-02-013. 

b. Methods for Measuring the Acute Toxicity of Effluent and Receiving Waters to 

Freshwater and Marine Organisms, Fifth Edition, October 2002, EPA-821-R-02-012. 

The permittee is also required to analyze the effluent for the parameters specified in the 

WET chemistry section and the parameters specified in the analytical chemistry section 

in Attachment A of this permit each time a WET test is performed. 

6. Analytical chemistry – Refers to a suite of chemical tests listed in Attachment A of this 

permit. Screening level testing shall be conducted once per quarter (1/Quarter) for four 

consecutive calendar quarters beginning 12 months prior to expiration of the permit and 

every five years thereafter. With the exception of total copper, surveillance level analytical 

testing has been waived pursuant to 06-096 CMR 530 (D)(3)(b). 

Analytical chemistry and priority pollutant testing shall be conducted on samples 

collected at the same time as those collected for whole effluent toxicity tests, when 

applicable, and shall be conducted using methods that permit detection of a pollutant at 

existing levels in the effluent or that achieve the most current minimum reporting levels 

of detection as specified by the Department. 

7. Priority pollutant testing – Priority pollutant testing refers to analysis for levels of 

priority pollutants listed in 06-096 CMR 525 (4)(VI). Screening level testing shall be 

conducted once per year (1/Year) beginning 12 months prior to expiration of the permit 

and every five years thereafter. Surveillance level priority pollutant testing is not required 

pursuant to 06-096 CMR 530 (2)(D). 

 
ME0101796 PERMIT Page 12 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

Footnotes: 

Priority pollutant and analytical chemistry testing shall be conducted on samples 

collected at the same time as those collected for whole effluent toxicity tests when 

applicable. Priority pollutant and analytical chemistry testing shall be conducted using 

methods that permit detection of a pollutant at existing levels in the effluent or that 

achieve minimum reporting levels of detection as specified by the Department. 

Test results must be submitted to the Department not later than the next Discharge 

Monitoring Report (DMR) required by the permit, provided, however, that the permittee 

may review the toxicity reports for up to 10 business days of their availability before 

submitting them. The permittee shall evaluate test results being submitted and identify to 

the Department, possible exceedences of the acute, chronic or human health AWQC as 

established in 06-096 CMR 584. For the purposes of DMR reporting, enter a “1” for yes, 

testing done this monitoring period or “NODI-9” monitoring not required this period. 

8. Discharge Day - A discharge day is defined as a calendar day or any 24-hour period that 

reasonably represents the calendar day for purposes of sampling.

9. Surface Loading Rate – For the purposes of this permitting action is defined as the 

average hourly rate per overflow occurrence in a discharge day. The licensee should 

provide this information to establish data on the effectiveness of peak flows receiving 

primary treatment only. 

10. Overflow occurrence – An overflow occurrence is defined as the period of time between 

initiation of flow from the primary bypass and ceasing discharge from the primary 

bypass. Overflow occurrences are reported in discharge days.

Multiple intermittent overflow occurrences in one discharge day are reported as one 

overflow occurrence and are sampled according to the measurement frequency specified. 

One composite sample for BOD5 and total suspended solids shall be collected per 

discharge day and shall be of flow proportioned from each intermittent overflow during 

that 24-hour period. 

For overflow occurrences exceeding one day in duration, sampling shall be performed 

each day of the event according to the measurement frequency specified. For example, if 

an overflow occurs for all or part of three discharge days, the permittee shall take three 

composite samples for BOD5 and TSS, initiating samples at the start of the overflow and 

each subsequent discharge day thereafter and terminating samples at the end of the 

discharge day or the end of the overflow occurrence. Samples shall be flow proportioned. 
ME0101796 PERMIT Page 13 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont'd) 

Footnotes:

11. BOD5 and TSS percent removal - The permittee shall analyze both the influent of the 

treatment plant and effluent of the primary clarifiers for BOD5 and TSS during the 

discharge of treated excess combined sewer waste waters from Outfall 002A and report 

the percent (%) removal on the monthly Discharge Monitoring Report (DMR). 

Composite samples for BOD5 and TSS are not required to be collected when Outfall 

002A (CSO-related bypass of secondary treatment) is active for a single continuous 

discharge event lasting less than 60 minutes or during intermittent discharge events over 

a course of the 24-hour reporting period lasting less than 120 minutes. As an attachment 

to the DMR, the permittee shall report the individual BOD5 and TSS test results used to 

calculate the percent removal rates reported. For the purpose of calculating BOD5 and 

TSS percent (%) removals on the treated excess combined sewer waste water, the 

influent sample shall only be collected during overflow occurrences. 

For facilities whose normal staffing hours do not include weekends, or whose weekend 

staffing time is limited to minimum facility oversight (i.e. permit required daily grab 

sample analysis, setting up composite samplers, or performing routine observations of 

treatment plant functions), bypass BOD5 /TSS composite samples collected after one 

hour before the end of normal staffing hours on Friday through 22 hours before nor

staffing time on Monday may be held beyond the maximum holding time of twenty-four 

hours and analyzed as soon as possible during staffed hours on the Monday following the 

mal 

weekend. Composite samples with extended holding times must remain refrigerated until 

analyzed, and must conform to any other bypass sampling procedures as defined in this 

document. Any reported extended holding time composite sample results must be 

flagged to distinguish them from samples that were analyzed within the proper holding 

time. 

12. Grab samples for E. coli and total residual chlorine at Outfall #002A are only required 

to be collected when Outfall #002A is active for a single continuous discharge event 

lasting greater than 120 minutes and between the hours of 7:00 AM – 4:00 PM during the 

normal work week (Monday through Friday). 

13. CSO-Related Bypasses of Secondary Treatment – For the purposes of this permitting 

action, this term refers to structures and or processes at the waste water treatment facility

that provide equivalent to primary treatment and disinfection of waste water that 

bypasses the biological treatment portion of the facility in an effort to mitigate the 

discharge of 

untreated combined sanitary waste water and storm water from the pump station bypass 

in Special Condition J of this permit. 
ME0101796 PERMIT Page 14 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

 B. NARRATIVE EFFLUENT LIMITATIONS 

1. The effluent shall not contain a visible oil sheen, foam or floating solids at any time 

which would impair the usages designated by the classification of the receiving waters. 

2. The effluent shall not contain materials in concentrations or combinations which are 

hazardous or toxic to aquatic life, or which would impair the usages designated by the 

classification of the receiving waters. 

3. The discharges shall not cause visible discoloration or turbidity in the receiving waters 

which would impair the usages designated by the classification of the receiving waters. 

4. Notwithstanding specific conditions of this license the effluent must not lower the quality 

of any classified body of water below such classification, or lower the existing quality of 

any body of water if the existing quality is higher than the classification. 

C. TREATMENT PLANT OPERATOR

The person who has the management responsibility over the treatment facility must hold a 

Grade III certificate (or higher) or must be a Maine Registered 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 person must be approved by the 

Department before the permittee may engage the services of the contract operator. 

D. LIMITATIONS FOR INDUSTRIAL USERS 

Pollutants introduced into the waste water collection and treatment system by a 

non-domestic source (user) shall not pass through or interfere with the operation of the 

treatment system. 

 

E. NOTIFICATION REQUIREMENT 

In accordance with Standard Condition D, the permittee shall notify the Department of the 

following. 

1. Any introduction of pollutants into the waste water collection and treatment system from 

an indirect discharger in a primary industrial category discharging process waste water; 

and; 
ME0101796 PERMIT Page 15 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

E. NOTIFICATION REQUIREMENT (cont’d) 

2. Any substantial change in the volume or character of pollutants being introduced into the 

waste water collection and treatment system by a source introducing pollutants into the 

system at the time of permit issuance. For the purposes of this section, notice regarding 

substantial change shall include information on: 

(a) the quality and quantity of waste water introduced to the waste water collection and 

treatment system; and 

(b) any anticipated impact caused by the change in the quantity or quality of the waste 

water to be discharged from the treatment system. 

F. UNAUTHORIZED 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 November 29, 2007; 

2) the terms and conditions of this permit; and 3) only from Outfalls #001A and #002A. 

Discharges of waste water from any other point source are not authorized under this permit, 

and shall be reported in accordance with Standard Condition B(5), Bypasses, of this permit. 

G. DISPOSAL OF TRANSPORTED WASTES IN WASTEWATER TREATMENT 

FACILITY 

During the effective period of this permit, the permittee is authorized to receive and 

introduce into the treatment process or solids handling stream up to a daily maximum of 

3,600 gallons per day [and a monthly total of 108,000 gallons] of transported wastes, 

subject to the following terms and conditions: 

1. “Transported wastes” means any liquid non-hazardous waste delivered to a wastewater 

treatment facility by a truck or other similar conveyance that has different chemical 

constituents or a greater strength than the influent described on the facility’s application 

for a waste discharge license. Such wastes may include, but are not limited to septage, 

industrial wastes or other wastes to which chemicals in quantities potentially harmful to 

the treatment facility or receiving water have been added. 

2. The character and handling of all transported wastes received must be consistent with the 

information and management plans provided in application materials submitted to the 

Department. 
ME0101796 PERMIT Page 16 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

G. DISPOSAL OF TRANSPORTED WASTES IN WASTEWATER TREATMENT 

FACILITY (cont’d) 

3. At no time shall the addition of transported wastes cause or contribute to effluent quality 

violations. Transported wastes may not cause an upset of or pass through the treatment 

process or have any adverse impact on the sludge disposal practices of the wastewater 

treatment facility. Wastes that contain heavy metals, toxic chemicals, extreme pH, 

flammable or corrosive materials in concentrations harmful to the treatment operation 

must be refused. Odors and traffic from the handling of transported wastes may not 

result in adverse impacts to the surrounding community. If any adverse effects exist, the 

receipt or introduction of transported wastes into the treatment process or solids handling 

stream shall be suspended until there is no further risk of adverse effects. 

4. The permittee shall maintain records for each load of transported wastes in a daily log 

which shall include at a minimum the following: 

(a) The date; 

(b) The volume of transported wastes received; 

(b) The source of the transported wastes; 

(d) The person transporting the transported wastes; 

(e) The results of inspections or testing conducted; 

(f) The volumes of transported wastes added to each treatment stream; and 

(g) The information in (a) through (d) for any transported wastes refused for acceptance. 

These records shall be maintained at the treatment facility for a minimum of five years. 

5. The addition of transported wastes into the treatment process or solids handling stream 

shall not cause the treatment facilities design capacity to be exceeded. If, for any reason, 

the treatment process or solids handling facilities become overloaded, introduction of 

transported wastes into the treatment process or solids handling stream shall be reduced 

or terminated in order to eliminate the overload condition. 

6. Holding tank wastewater from domestic sources to which no chemicals in quantities 

potentially harmful to the treatment process have been added shall not be recorded as 

transported wastes but should be reported in the treatment facility’s influent flow. 

7. During wet weather events, transported wastes may be added to the treatment process or 

solids handling facilities only in accordance with a current Wet Weather Flow 

Management Plan approved by the Department pursuant to Special Condition I that 

provides for full treatment of transported wastes without adverse impacts. 
ME0101796 PERMIT Page 17 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

G. DISPOSAL OF TRANSPORTED WASTES IN WASTEWATER TREATMENT 

FACILITY (cont’d) 

8. In consultation with the Department, chemical analysis is required prior to receiving 

transported wastes from new sources that are not of the same nature as wastes previously 

received. The analysis must be specific to the type of source and designed to identify 

concentrations of pollutants that may pass through, upset or otherwise interfere with the 

facility’s operation. 

9. Access to transported waste receiving facilities may be permitted only during the times 

specified in the application materials and under the control and supervision of the person 

responsible for the wastewater treatment facility or his/her designated representative. 

10. The authorization in the Special Condition is subject to annual review and, with notice to 

the permittee and other interested parties of record, may be suspended or reduced by the 

Department as necessary to ensure full compliance with Standards for the Addition of 

Transported Wastes to Wastewater Treatment Facilities, 06-095 CMR 555 (effective 

March 9, 2009) and the terms and conditions of this permit. 

H. MERCURY 

All mercury sampling (4/Year) required to determine compliance with interim limitations 

established pursuant to Interim Effluent Limitations and Controls for the Discharge of 

Mercury, 06-096 CMR 519 (last amended October 6, 2001) 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 

analyses shall be conducted in accordance with EPA Method 1631E, Determination of 

Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Fluorescence 

Spectrometry. See Attachment C, Effluent Mercury Test Report, of this permit for the 

Department’s form for reporting mercury test results. 

I. WET WEATHER FLOW MANAGEMENT PLAN 

The permittee shall maintain a Wet Weather Management Plan to direct the staff on how to 

operate the facility effectively during periods of high flow. The Department acknowledges 

that the existing collection 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 intensities, address solids handling procedures 

(including septic waste and other high strength wastes if applicable) and provide written 

operating and maintenance procedures during the events. The permittee shall review their 

plan annually and record any necessary changes to keep the plan up to date. 
ME0101796 PERMIT Page 18 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

J. PUMP STATION BYPASSES 

Discharges from emergency bypass structures in pump stations are not authorized by this 

permit. The permittee shall make provisions to monitor the pump station listed below to 

determine the frequency and quantity (via measurement or estimation) of waste water 

discharged from the bypass structure. 

Outfall Number Outfall Location Receiving Water and Class 

003 Creamery Court Mattanawcook Str., Class C 

Discharges from the pump station shall be reported in accordance with Standard 

Condition B(5) (Bypass) of this permit. 

K. OPERATION & MAINTENANCE (O&M) PLAN 

This facility shall have a current written comprehensive Operation & Maintenance (O&M) 

Plan. The plan shall provide a systematic approach by which the permittee shall at all times, 

properly operate and maintain all facilities and systems of treatment and control (and related 

appurtenances) which are installed or used by the permittee to achieve compliance with the 

conditions of this permit. 

By December 31 of each year, and within 90 days of any process changes or minor 

equipment upgrades, the permittee shall evaluate and modify the O&M Plan including site 

plan(s) and schematic(s) for the waste water treatment facility to ensure that it is up-to-date. 

The O&M Plan shall be kept on-site at all times and made available to Department and EPA 

personnel upon request. 

Within 90 days of completion of new and or substantial upgrades of the waste water 

treatment facility, the permittee shall submit the updated O&M Plan to their Department 

inspector for review and comment. 
ME0101796 PERMIT Page 19 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

L. 06-096 CMR 530(2)(D)(4) STATEMENT FOR REDUCED/WAIVED TOXICS 

TESTING 

By December 31 of each calendar year [PCS Code 95799], the permittee shall provide the 

Department with a certification describing any of the following that have occurred since the 

effective date of this permit. See Attachment D of the Fact Sheet for an acceptable 

certification form to satisfy this Special Condition. 

(a) Changes in the number or types of non-domestic wastes contributed directly or indirectly to the 

wastewater treatment works that may increase the toxicity of the discharge; 

(b) Changes in the operation of the treatment works that may increase the toxicity of the 

discharge; and 

(c) Changes in industrial manufacturing processes contributing wastewater to the treatment 

works that may increase the toxicity of the discharge. 

 

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 accepted by the facility. 

The Department reserves the right to reinstate annual (surveillance level) testing 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. 

M. MONITORING AND REPORTING

Monitoring results obtained during the previous month shall be summarized for each month 

and reported on separate Discharge Monitoring Report (DMR) forms provided by the 

Department and postmarked on or before the thirteenth (13th) day of the month or handdelivered to a Department Regional Office such that the DMR’s are received by the 

Department on or before the fifteenth (15th) day of the month following the completed 

reporting period. 
ME0101796 PERMIT Page 20 of 21 

W0001479-6D-E-R 

SPECIAL CONDITIONS 

M. MONITORING AND REPORTING (cont’d)

A signed copy of the DMR and all other reports required herein shall be submitted to the 

following address: 

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 submitting an electronic DMR (eDMR), the completed eDMR must 

be electronically submitted to the Department by a facility authorized DMR Signatory not 

later than close of business on the 15th day of the month following the completed 

reporting period. Hard Copy documentation submitted in support of the eDMR must be 

postmarked on or before the thirteenth (13th) day of the month or hand-delivered to the 

Department’s Regional Office such that it is received by the Department on or before 

the fifteenth (15th) day of the month following the completed reporting period. Electronic

documentation in support of the eDMR must be submitted not later than close of business 

on the 15th day of the month following the completed reporting period. 

Additional monthly reporting requires submitting an electronic version of, “DEP-49-CSO 

Form For Use With Non-Dedicated CSO Primary Clarifiers” (Attachment D of this permit) 

to the Department inspector at the address above and to the CSO Coordinator at the address 

below: 

CSO Coordinator 

Department of Environmental Protection 

Bureau of Land & Water Quality 

Division of Water Quality Management 

17 State House Station 

Augusta, Maine 04333 

e-mail: CSOCoordinator@maine.gov
ME0101796 PERMIT Page 21 of 21 

W0001479-6D-E-R 

N. REOPENING OF PERMIT FOR MODIFICATIONS

Upon evaluation of the tests results or monitoring requirements specified in Special 

Conditions of this permitting action, new site specific information, or any other pertinent test 

results or information obtained during the term of this permit, the Department may, at 

anytime and with notice to the permittee, modify this permit to; 1) include effluent limits 

necessary to control specific pollutants or whole effluent toxicity where there is a reasonable 

potential that the effluent may cause water quality criteria to be exceeded, (2) require 

additional effluent and or ambient water quality monitoring if results on file are inconclusive; 

or (3) change monitoring requirements or limitations based on new information. 

O. SEVERABILITY 

In the event that any provision or part thereof, of this permit is declared to be unlawful by a 

reviewing court, the remainder of the permit shall remain in full force and effect, and shall be 

construed and enforced in all aspects as if such unlawful provision, or part thereof, had been 

omitted, unless otherwise ordered by the court.
ATTACHMENT A 
Printed 1/22/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done by DEP.

Facility Name MEPDES # Facility Representative Signature 

Pipe # To the best of my knowledge this information is true, accurate and complete.

Licensed Flow (MGD) 

Acute dilution factor 

Chronic dilution factor Date Sample Collected Date Sample Analyzed 

Human health dilution factor 

Criteria type: M(arine) or F(resh) Laboratory Telephone 

0 Address 

Lab Contact Lab ID # 

Receiving 

Water or 

Ambient 

Effluent Concentration 

(ug/L or as noted)

WHOLE EFFLUENT TOXICITY

Acute Chronic Acute Chronic

Trout - AcuteTrout - ChronicWater Flea - AcuteWater Flea - Chronic

WET CHEMISTRY

pH (S.U.) (9) (8)Total Organic Carbon (mg/L) (8)Total Solids (mg/L)Total Suspended Solids (mg/L)Alkalinity (mg/L) (8)Specific Conductance (umhos)Total Hardness (mg/L) (8)Total Magnesium (mg/L) (8)Total Calcium (mg/L) (8)

ANALYTICAL CHEMISTRY (3)

Acute(6) Chronic(6) Health(6) Acute Chronic Health

TOTAL RESIDUAL CHLORINE (mg/L) (9) 0.05 NA

AMMONIA NA (8)

M ALUMINUM NA (8)M ARSENIC 5 (8)M CADMIUM 1 (8)M CHROMIUM 10 (8)M COPPER 3 (8)M CYANIDE 5 (8)M LEAD 3 (8)M NICKEL 5 (8)M SILVER 1 (8)M ZINC 5 (8)

Effluent Limits, % Reporting 

Limit Check

WET Result, %

Do not enter % sign

Possible Exceedence (7)

Effluent Limits, ug/L

Reporting Limit

Possible Exceedence (7)

Flow for Day (MGD)(1) Flow Avg. for Month (MGD)(2) 

Also do these tests on the effluent with WET. Testing on the receiving water is optional

ERROR WARNING ! Essential facility 

information is missing. Please check 

required entries in bold above. Please see the footnotes on the last page.

FRESH WATER VERSION

Reporting 

Limit Check

Revised March 2007 Page 1 DEPLW 0740-B2007
Printed 1/22/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done by DEP.

PRIORITY POLLUTANTS (4)

Reporting Limit Acute(6) Chronic(6) Health(6) Acute Chronic Health

M ANTIMONY 5M BERYLLIUM 2

M MERCURY (5) 0.2M SELENIUM 5

M THALLIUM 4

A 2,4,6-TRICHLOROPHENOL 3

A 2,4-DICHLOROPHENOL 5

A 2,4-DIMETHYLPHENOL 5

A 2,4-DINITROPHENOL 45

A 2-CHLOROPHENOL 5

A 2-NITROPHENOL 5

A

4,6 DINITRO-O-CRESOL (2-Methyl-4,6-dinitrophenol) 25

A 4-NITROPHENOL 20

A

P-CHLORO-M-CRESOL (3-methyl-4-chlorophenol)+B80 5

A PENTACHLOROPHENOL 20

A PHENOL 5

BN 1,2,4-TRICHLOROBENZENE 5

BN 1,2-(O)DICHLOROBENZENE 5

BN 1,2-DIPHENYLHYDRAZINE 10

BN 1,3-(M)DICHLOROBENZENE 5

BN 1,4-(P)DICHLOROBENZENE 5

BN 2,4-DINITROTOLUENE 6

BN 2,6-DINITROTOLUENE 5

BN 2-CHLORONAPHTHALENE 5

BN 3,3'-DICHLOROBENZIDINE 16.5

BN 3,4-BENZO(B)FLUORANTHENE 5

BN 4-BROMOPHENYLPHENYL ETHER 2

BN 4-CHLOROPHENYL PHENYL ETHER 5

BN ACENAPHTHENE 5

BN ACENAPHTHYLENE 5

BN ANTHRACENE 5

BN BENZIDINE 45

BN BENZO(A)ANTHRACENE 8

BN BENZO(A)PYRENE 3

BN BENZO(G,H,I)PERYLENE 5

BN BENZO(K)FLUORANTHENE 3

BN BIS(2-CHLOROETHOXY)METHANE 5

BN BIS(2-CHLOROETHYL)ETHER 6

BN BIS(2-CHLOROISOPROPYL)ETHER 6

BN BIS(2-ETHYLHEXYL)PHTHALATE 3

BN BUTYLBENZYL PHTHALATE 5

BN CHRYSENE 3

BN DI-N-BUTYL PHTHALATE 5

BN DI-N-OCTYL PHTHALATE 5

BN DIBENZO(A,H)ANTHRACENE 5

BN DIETHYL PHTHALATE 5

BN DIMETHYL PHTHALATE 5

Effluent Limits

Reporting 

Limit Check

Possible Exceedence (7)

Revised March 2007 Page 2 DEPLW 0740-B2007
Printed 1/22/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done by DEP.

BN FLUORANTHENE 5

BN FLUORENE 5

BN HEXACHLOROBENZENE 2

BN HEXACHLOROBUTADIENE 1

BN HEXACHLOROCYCLOPENTADIENE 10

BN HEXACHLOROETHANE 2

BN INDENO(1,2,3-CD)PYRENE 5

BN ISOPHORONE 5

BN N-NITROSODI-N-PROPYLAMINE 10

BN N-NITROSODIMETHYLAMINE 1

BN N-NITROSODIPHENYLAMINE 5

BN NAPHTHALENE 5

BN NITROBENZENE 5

BN PHENANTHRENE 5

BN PYRENE 5

P 4,4'-DDD 0.05

P 4,4'-DDE 0.05

P 4,4'-DDT 0.05

P A-BHC 0.2

P A-ENDOSULFAN 0.05

P ALDRIN 0.15

P B-BHC 0.05

P B-ENDOSULFAN 0.05

P CHLORDANE 0.1

P D-BHC 0.05

P DIELDRIN 0.05

P ENDOSULFAN SULFATE 0.1

P ENDRIN 0.05

P ENDRIN ALDEHYDE 0.05

P G-BHC 0.15

P HEPTACHLOR 0.15

P HEPTACHLOR EPOXIDE 0.1

P PCB-1016 0.3

P PCB-1221 0.3

P PCB-1232 0.3

P PCB-1242 0.3

P PCB-1248 0.3

P PCB-1254 0.3

P PCB-1260 0.2

P TOXAPHENE 1

V 1,1,1-TRICHLOROETHANE 5

V 1,1,2,2-TETRACHLOROETHANE 7

V 1,1,2-TRICHLOROETHANE 5

V 1,1-DICHLOROETHANE 5

V

1,1-DICHLOROETHYLENE (1,1-dichloroethene) 3

V 1,2-DICHLOROETHANE 3

V 1,2-DICHLOROPROPANE 6

V

1,2-TRANS-DICHLOROETHYLENE (1,2-trans-dichloroethene) 5

V

1,3-DICHLOROPROPYLENE (1,3-dichloropropene) 5

V 2-CHLOROETHYLVINYL ETHER 20

Revised March 2007 Page 3 DEPLW 0740-B2007
Printed 1/22/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done by DEP.

V ACROLEIN NA

V ACRYLONITRILE NA

V BENZENE 5

V BROMOFORM 5

V CARBON TETRACHLORIDE 5

V CHLOROBENZENE 6

V CHLORODIBROMOMETHANE 3

V CHLOROETHANE 5

V CHLOROFORM 5

V DICHLOROBROMOMETHANE 3

V ETHYLBENZENE 10

V METHYL BROMIDE (Bromomethane) 5

V METHYL CHLORIDE (Chloromethane) 5

V METHYLENE CHLORIDE 5

V

TETRACHLOROETHYLENE (Perchloroethylene or Tetrachloroethene) 5

V TOLUENE 5

V TRICHLOROETHYLENE (Trichloroethene) 3

V VINYL CHLORIDE 5Notes: 

(1) Flow average for day pertains to WET/PP composite sample day.(2) Flow average for month is for month in which WET/PP sample was taken. (3) Analytical chemistry parameters must be done as part of the WET test chemistry.(4) Priority Pollutants should be reported in micrograms per liter (ug/L).(5) Mercury is often reported in nanograms per liter (ng/L) by the contract laboratory, so be sure to convert to micrograms per liter on this spreadsheet.(6) Effluent Limits are calculated based on dilution factor, background allocation (10%) and water quality reserves (15% - to allow for new or changed discharges or non-point sources). (7) Possible Exceedence determinations are done for a single sample only on a mass basis using the actual pounds discharged. This analysis does not consider watershed wide allocations for fresh water discharges.(8) These tests are optional for the receiving water. However, where possible samples of the receiving water should be preserved and saved for the duration of the WET test. In the event of questions about the receiving water's possible effect on the WET results, chemistry tests should then be conducted.(9) pH and Total Residual Chlorine must be conducted at the time of sample collection. Tests for Total Residual Chlorine need be conducted only when an effluent has been chlorinated or residual chlorine is believed to be present for any other reason.Comments:

Revised March 2007 Page 4 DEPLW 0740-B2007
ATTACHMENT B 
MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

WHOLE EFFLUENT TOXICITY REPORT

FRESH WATERS

Facility Name MEPDES Permit #

Facility Representative

By signing this form, I attest that to the best of my knowledge that the information provided is true, accurate, and complete.

Facility Telephone #

 mm/dd/yy mm/dd/yy

Chlorinated? Dechlorinated?

Results Effluent Limitations

 water flea trout A-NOEL 

A-NOEL C-NOEL 

C-NOEL

Data summary

final weight (mg)

 QC standard C>80 A>90 > 2% increase

 lab control 

 receiving water control

 conc. 1 ( %)

 conc. 2 ( %)

 conc. 3 ( %)

 conc. 4 ( %)

 conc. 5 ( %)

 conc. 6 ( %)

 stat test used

 place * next to values statistically different from controls

for trout show final wt and % incr for both controls

Reference toxicant

C-NOEL C-NOEL

 toxicant / date

 limits (mg/L)

 results (mg/L)

Comments

Laboratory conducting test

Company Name

Mailing Address Company Rep. Signature

City, State, ZIP

Signature

Date Collected Date Tested

% effluent

water flea trout

 % survival no. young % survival

A>90 >15/female C>80

Report WET chemistry on DEP Form "ToxSheet (Fresh Water Version), March 2007."

water flea trout

 A-NOEL A-NOEL

Company Rep. Name (Printed)

Company Telephone #

DEPLW 0741-B2007, Revised March 2007 Printed 1/22/2009
ATTACHMENT C 
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 7/14/2009
ATTACHMENT D 
MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION 

CSO ACTIVITY AND VOLUMES 

MUNICIPALITY OR DISTRICT MEPDES / NPDES PERMIT NO. REPORTING YEAR SIGNED BY: YEARLY TOTAL PRECIPITATION INCHES DATE: 

PRECIP. DATA FLOW DATA (GALLONS PER DAY) OR BLOCK ACTIVITY("1") 

CSO START LOCATION: LOCATION: LOCATION: LOCATION: LOCATION: LOCATION: 

EVENT DATE 

NO. OF TOTAL MAX. HR. NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: NUMBER: 

ST I O

RM N N C

H

ES I C

H

ES

1 2 3 4 5 6 7 8 9 

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 

TOTALS 

Note 1: Flow data should be listed as gallons per day. Storms lasting more than one day should show total flow for each day. 

Note 2: Block activity should be shown as a "1" if the block floated away. Doc Num: DEPLW
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

AND 

MAINE WASTE DISCHARGE LICENSE 

FACT SHEET 

May 25, 2011

PERMIT NUMBER: ME01010796

LICENSE NUMBER: W001479-6D-E-R

NAME AND ADDRESS OF APPLICANT: 

LINCOLN SANITARY DISTRICT 

P.O. Box 56 

Lincoln, Maine 04457

COUNTY: Penobscot County

NAME AND ADDRESS WHERE DISCHARGE OCCURS: 

56 Haynes Street 

Lincoln, Maine 04457

RECEIVING WATER/CLASSIFICATION: Penobscot River/Class B

COGNIZANT OFFICIAL AND TELEPHONE NUMBER: Mr. Darold Wooley, Supt.

 (207) 794-8244 

 lincolnsanitarydistrict@myfairpoint.net

1. APPLICATION SUMMARY

a. Application: The LSD has submitted a timely and complete application to the Department for 

the renewal of combination Maine Pollutant Discharge Elimination System (MEPDES) 

permit #ME0101796/Maine Waste Discharge License (WDL) #W001479-5L-D-M 

(“permit,” hereinafter) which was issued by the Department on December 16, 2003 and 

expired on 

March 31, 2008. The 12/16/03 permit authorized the discharge of up to a monthly average 

flow of 1.07 million gallons per day (MGD) of secondary treated sanitary waste waters and 

an unspecified quantity of primary treated combined sanitary and storm water to the 

Penobscot River, Class C, in Lincoln, Maine. The main stem of the Penobscot River in the 

vicinity of the LSD discharge was reclassified to a Class B waterway in 2005. 
ME0101796 FACT SHEET Page 2 of 22 

W0001479-6D-E-R 

2. PERMIT SUMMARY 

a. Terms & conditions: This permitting action is similar to the 12/16/03 permitting action in 

that it is carrying forward all the terms and conditions with the following exceptions. 

This permitting action is different in that it is: 

1) Establishing whole effluent toxicity (WET), analytical chemistry and priority pollutant 

testing requirements based on Surface Water Toxics Control Program, 06-096 CMR 530, 

(effective October 12, 2005). 

2) Establishing more stringent technology based monthly average (geometric mean) and 

daily maximum limitations for E. coli bacteria based on reclassification of the Penobscot 

River at point of discharge from a Class C to a Class B waterway. 

3) Establishing monthly average and daily maximum water quality based mass and 

concentration limits for total copper. 

4) Modifying the secondary bypass outfall designation from Outfall #001C to Outfall #002 

to coincide with the outfall designation in the DEP compliance tracking database. 

5) Establishing a Department Best Professional Judgment daily maximum flow “Report 

only” limitation (Outfall 001A) in order to monitor flows associated with wet weather 

events. 

b. History: The most current relevant regulatory actions for the LSD include the following: 

April 30, 1997 – The Department issued WDL #W001479-46-B-R for a five-year term. 

December 16, 1998 – The EPA and Department approved the District’s 

December 11, 1998, CSO Abatement Implementation Schedule and CSO Abatement 

Plan. 

December 17, 1998 – The EPA issued an Administrative Compliance Order 

(Docket No. 99-02) to Lincoln Sanitary District. The Administrative Order (AO) 

required the District to implement improvements/upgrades at the waste water treatment 

facility and CSO discharge elimination measures in accordance with the Master Plan 

and implementation schedule, both of which were approved by the EPA and the 

Department on 12/16/98. 

March 31, 2000 – The EPA issued NPDES permit #ME0101796 for a five-year term. It 

is noted the NPDES permit contained reporting requirements for an internal wet weather 

waste stream that receives only primary treatment and disinfection, if necessary, before 

being combining with secondary treated and disinfected waste waters and discharge to 

the Penobscot River. 
ME0101796 FACT SHEET Page 3 of 22 

W0001479-6D-E-R 

2. PERMIT SUMMARY (cont’d) 

May 23, 2000 – The Department administratively modified the 4/30/97 WDL for the LSD 

facility by establishing interim monthly average and daily maximum concentration limits 

for mercury. 

January 12, 2001 – The EPA granted the State of Maine authorization to administer the 

NPDES permitting program except for discharges on the main stem of the Penobscot 

River north of Indian Island in Old Town, Maine. 

May 22, 2002 – The Department administratively modified the 4/30/97 WDL by 

waiving surveillance level (annual) whole effluent toxicity (WET) and chemical specific 

testing as the facility met the criteria established for the waiver pursuant to Department 

regulation Chapter 530.5 and associated program protocols. 

March 31, 2003 - The Department issued WDL #W001479-5L-C-R for a five-year term. 

October 31, 2003 - The State of Maine received authorization from the US EPA to 

administer the NPDES permitting program on the main stem of the Penobscot River 

north of Indian Island in Old Town, Maine. 

December 16, 2003 – The Department modified the 3/31/03 WDL by incorporating the 

terms and conditions of the MEPDES permit program. The permit was issued for a fiveyear term. 

April 20, 2006 - The Department issued a modification of the 12/16/03 MEPDES permit 

by incorporating WET and chemical specific testing requirements pursuant to 06-096 

CMR 530. 

November 29, 2007 – The LSD submitted a timely and complete application to the 

Department for renewal of the MEPDES permit. 

c. Source Description: The waste water treatment facility receives sanitary waste water 

flows from a population of approximately 4,200 residential and commercial users within 

the District’s boundaries in the Town of Lincoln. The waste water treatment facility is 

currently licensed to accept up to 3,600 gpd of septage. The LSD has an up-to-date 

septage management plan for the facility required by Standards for the Addition of 

Transported Wastes to Wastewater Treatment Facilities, 06-096 CMR 555 (effective 

March 9, 2009), that has been reviewed and approved by the Department. 

The LSD owns and maintains a sewer collection system that is approximately 17.4 

miles in length and is approximately 5% combined and 95% separated. The collection 

system has nine (9) pump stations, all with emergency power provisions and 

audio/visual alarm systems. Six (6) of the nine pump stations are hard-wired to the 

waste water treatment 
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2. PERMIT SUMMARY (cont’d) 

facility. There are no CSOs associated with the collection system but the Creamery 

Court pump station has an emergency bypass port and must be monitored for bypass 

occurrences by this permitting action. See Special Condition I, Pump Station Bypasses, 

of this permit. 

d. Waste Water Treatment: The LSD waste water treatment facility commenced operations 

in April of 1982 and provides a secondary level of treatment via a bar rack, two aerated 

grit chambers, a comminutor, two primary clarifiers, each measuring 40 feet in diameter 

and 10 feet deep, four air-driven rotating biological contactors (RBCs) with coarse 

bubble diffused aeration and a total media surface area of 488,000 square feet and two 

circular final clarifiers each measuring 40 feet in diameter and 10 feet deep. The effluent 

is seasonally disinfected with sodium hypochlorite in a chlorine contact chamber 

measuring 55 feet by 10 feet providing approximately 44 minutes of detention at 

1.07 MGD. Flow is measured by an ultrasonic flow meter prior to being discharged to 

the east bank of the Penobscot River via Outfall #001A through an iron pipe measuring 

18 inches in diameter and at a depth of 8.5 feet below mean low water. The waste water 

treatment facility is designed to provide secondary treatment for an average daily flow 

of 1.07 MGD and a peak hourly capacity of 2.80 MGD. 

During wet weather events (greater than the design flows cited above) an overflow 

structure at the headworks of the facility diverts the excess flow to a treatment train 

where the waste water receives treatment via a bar rack, a vortex de-gritter, a primary 

clarifier and disinfection with sodium hypochlorite if necessary, prior to combining with 

the secondary treated waste water for discharge to the Penobscot River via Outfall 

#001A. This treatment process was constructed in response to EPA’s 12/16/98 

Administrative Order and completed in February 2000. The LSD also updated their Wet 

Weather Flow Management Plan in February 2000 which was reviewed and approved 

by the Department. 

Biosolids generated at the facility is dewatered via a one-meter belt filter press and 

disposed of by way of land application between February and May of each year and 

composted on-site on a year-round basis. On average, the facility generates 

approximately 12 dry tons of biosolids per month. 

3. CONDITIONS OF PERMITS

 Conditions of Licenses, 38 M.R.S.A. Section 414-A, requires that the effluent limitations 

prescribed for discharges, including, but not limited to effluent toxicity, require application 

of best practicable treatment (BPT), be consistent with the U.S. Clean Water Act, and ensure 

that the receiving waters attain the State water quality standards as described in Maine's 

Surface Water Classification System. In addition, Certain Deposits and Discharges 

Prohibited, 38 M.R.S.A. Section 420 and Surface Water Toxics Control Program, 06-096 
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3. CONDITIONS OF PERMITS (cont’d) 

CMR 530, require the regulation of toxic substances not to exceed levels set forth in Surface 

Water Quality Criteria for Toxic Pollutants, 06-096 CMR 584, and that ensure safe levels for 

the discharge of toxic pollutants such that existing and designated uses of surface waters are 

maintained and protected. 

4. RECEIVING WATER STANDARDS 

Classification of major river basins, 38 M.R.S.A. § 467(7)(A)(3), indicates the Penobscot 

River main stem, from the Maine Central Railroad bridge in Bangor to a line extended in an 

east-west direction from the confluence of Reeds Brook in Hampden, is classified as a Class 

B waterway. The Legislature finds that the free-flowing habitat of this river segment 

provides irreplaceable social and economic benefits and that this use must be maintained. 

Maine law, 38 M.R.S.A., Section 465(3) describes standards for classification of Class B 

waters as follows: 

Class B waters must be of such quality that they are suitable for the designated uses of 

drinking water supply after treatment; fishing; agriculture; recreation in and on the 

water; industrial process and cooling water supply; hydroelectric power generation, 

except as prohibited under Title 12, section 403; navigation; and as habitat for 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 incubation 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 September 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 

level of 236 per 100 milliliters. In determining human and domestic animal origin, the 

department shall assess licensed and 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 species indigenous to 

the receiving water without detrimental changes in the resident biological community. 

5. RECEIVING WATER CONDITIONS 

The State of Maine 2008 Integrated Water Quality Monitoring and Assessment Report, prepared 

by the Department pursuant to Sections 303(d) and 305(b) of the Federal Water Pollution 

Control Act, lists the receiving waterbody at the point of discharge (Hydrologic Unit Code 

ME0102000502_231R) as, “Category 5A: Rivers and Streams Impaired by Pollutants Other 

Than 
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5. RECEIVING WATER CONDITIONS (cont’d) 

Those Listed in 5B (TMDL Required).” Specifically, this portion of the river has ongoing 

nutrient issues (algal blooms) and depressed dissolved oxygen levels. 

In addition, the Report lists all freshwaters in Maine in “Category 4A: Rivers and Streams 

With Impaired Use, TMDL Completed. Impairment in this context refers 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 consumption 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 

the 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 facility. See the discussion on compliance in section 6(i) of this Fact Sheet. 

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 dissolved oxygen standards as a 

result of algal blooms in portions of the Class B sections of the river. In addition, the 

Department has issued a report entitled, Penobscot River Phosphorus Waste Load Allocation, 

May 2011 stating seasonal mass based limitations are necessary for the four industrial 

dischargers on the river and monitoring for total phosphorus for five municipal waste water 

treatment facilities. The Department has no information at this time that the permittee causes 

or contributes to non-attainment of the standards for Class B waters. 

If ambient water quality monitoring or future modeling determines that at full permitted 

discharge limits the permittee’s discharge is causing or contributing to the non-attainment of 

standards, this permit will be reopened per Special Condition N, Reopening of Permit For 

Modifications, to impose more stringent limitations to meet water quality standards. 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

Secondary Treated Effluent:

a. Flow: The monthly average flow limitation of 1.07 MGD in the previous permitting 

action is being carried forward in this permitting action and is representative of the 

monthly average design flow for the waste water treatment facility. This permitting 

action is establishing a Department Best Professional Judgment daily maximum flow 

“Report only” limitation in order to monitor flows associated with wet weather events. 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

Secondary Treated Effluent:

A summary of the monthly Discharge Monitoring Report (DMR) data for the period 

February 2006 – February 2011 (n=59) indicates the facility has discharged effluent 

flows in the range of 0.26 MGD to 1.27 MGD with an average daily maximum flow of 

0.63 MGD. 

b. Dilution Factors - The Department established applicable dilution factors for the 

discharge in accordance with freshwater protocols established in Surface Water Toxics 

Control Program, 06-096 CMR 530 (effective October 9, 2005). With a permitted flow 

limit of 1.07 MGD the dilution factors are as follows: 

Modified Acute(1) = 676 cfs  (676 cfs)(0.6464(2)) + (1.07 MGD) = 408:1 

 (1.07 MGD) 

Acute: 1Q10 = 2,703 cfs  (2,703 cfs)(0.6464) + (1.07 MGD) = 1,634:1 

 (1.07 MGD) 

Chronic: 7Q10 =2,822 cfs  (2,882 cfs)(0.6464) + (1.07 MGD) = 1,703:1 

 (1.07 MGD) 

Harmonic Mean: = 5,678 cfs  (5,678 cfs)(0.6464) + (1.07 MGD) = 3,431:1 

 (1.07 MGD) 

Footnotes: (1) 06-096 CMR 530 (4)(B)(1) states that analyses using numeric acute 

criteria for aquatic life must be based on 1/4 of the 1Q10 stream design flow to prevent 

substantial acute toxicity within any mixing zone. The 1Q10 is the lowest one day flow 

over a ten-year recurrence interval. The regulation goes on to say that where it can be 

demonstrated that a discharge achieves rapid and complete mixing with the receiving 

water by way of an efficient diffuser or other effective method, analyses may use a 

greater 

proportion of the stream design, up to including all of it. The Department has made the 

determination that the discharge does not receive rapid and complete mixing with the 

receiving water, therefore the default stream flow of 1⁄4 of the 1Q10 is applicable in acute 

statistical evaluations pursuant to 06-096 CMR 530.

 

 (2) Conversion factor, cubic feet per second to million gallons per day. 

c. Biochemical Oxygen Demand (BOD5) & Total Suspended Solids (TSS): The previous 

permitting established monthly and weekly average BOD5 and TSS best practicable treatment 

(BPT) concentration limits of 30 mg/L and 45 mg/L respectively, which were based on secondary 

treatment requirements in 06-096 CMR 525(3)(III). The maximum daily BOD5 and TSS 

concentration limits of 50 mg/L were based on a Department best professional judgment of BPT. 

All three concentration limits are being carried forward in this permitting action.
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Secondary Treated Effluent: 

c. Biochemical Oxygen Demand (BOD5) & Total Suspended Solids (TSS) (cont’d): 

As for mass limitations, the previous permitting action established monthly average and 

weekly average limitations based on a monthly average limit of 1.07 MGD that are being 

carried forward in this permitting action. The limitations were calculated as follows: 

Monthly average: (1.07 MGD)(8.34)(30 mg/L) = 268 lbs/day 

Weekly average: (1.07 MGD)(8.34)(45 mg/L) = 402 lbs/day 

No daily maximum mass limitations (report only) for BOD5 or TSS were established in 

the previous permitting action as doing so may discourage the LSD from treating as 

much waste water through the secondary treatment system during wet weather events. 

The permittee’s BOD5 percent removal rates for the period of February 2006 – February 

2011 ranged from 86% - 99% (n=52) and TSS from 86% - 99%, respectively. The 

previous permitting action established a requirement of 85% removal for BOD5 and TSS 

pursuant to 06-096 CMR 525(3)(III)(a&b)(3) that is being carried forward in this 

permitting action. 

Monitoring frequencies for BOD and TSS of 2/Week are being carried forward from the 

previous permitting action and are based on Department policy for facilities with a 

monthly average flow greater than 1.0 MGD but less than 5.0 MGD. 

A review of the DMR data for the period February 2006 – February 2011 indicates the 

monthly average and daily maximum mass and concentration values for BOD5 & TSS 

have been reported as follows: 

BOD5 Mass 

Value Limit 

(lbs/day) 

Range (lbs/day) Average 

(lbs/day) 

Number 

of DMRs 

Compliance

Monthly Average 268 8 – 145 46 59 100% 

Weekly Average 402 8 – 195 70 59 100% 

Daily Maximum Report 11 – 249 104 59 N/A 

BOD5 Concentration 

Value Limit (mg/L) Range (mg/L) Average 

(mg/L) 

Number of 

DMRs 

Compliance

Monthly Average 30 3 – 19 10 59 100% 

Daily Maximum 50 3 – 19 12 59 100% 
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W0001479-6D-E-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Secondary Treated Effluent: 

c. Biochemical Oxygen Demand (BOD5) & Total Suspended Solids (TSS) (cont’d): 

TSS mass 

Value Limit 

(lbs/day) 

Range 

(lbs/day) 

Average 

(lbs/day) 

Number of 

DMRs 

Compliance

Monthly Average 268 8 – 90 46 59 100% 

Weekly Average 402 10 – 215 73 59 100% 

Daily Maximum Report 12 – 305 120 59 N/A 

TSS concentration 

Value Limit (mg/L) Range (mg/L) Average 

(mg/L) 

Number of 

DMRs 

Compliance

Monthly Average 30 4- 17 10 59 100% 

Daily Maximum 50 7 – 30 14 59 100% 

d. Settleable Solids: The previous permitting action established a daily maximum 

concentration limit of 0.3 mL/L for settleable solids and is considered by the Department 

as a best professional judgment of BPT for secondary treated waste waters. A review of 

the DMR data for the period February 2006 – February 2011 indicates the daily 

maximum concentration values reported have ranged from 0.1 mL/L – 0.1 mL/L with an 

arithmetic mean of 0.1 mL/L. The previous permitting action established a monitoring 

frequency of 5/Week that is being carried forward in this permitting action. 

e. E. coli bacteria: The previous permitting action established seasonal (May 15 – 

September 30) monthly average and daily maximum E. coli bacterial limits of 

142 colonies/100 mL and 949 colonies/100 mL, respectively. The limits were based on 

the State of Maine Water Classification Program as established in Maine law, 38 

M.R.S.A, §465(3) for Class C waterbodies. The main stem of the Penobscot River in the 

vicinity of the LSD discharge was reclassified to a Class B waterway in 2005. Standards 

for the Classification of Fresh Surface Waters, 38 M.R.S.A, §465(2), establishes monthly 

average and daily maximum ambient water quality based E. coli thresholds of 64 

colonies/100 mL and 236 colonies/100 mL, respectively. However, the Department has 

developed an alternative approach to calculating daily maximum limits that considers the 

dilution of the receiving water for freshwater dischargers. Based on this approach, the 

Department has determined that any facility in Class B waters with a dilution of at least 

1.1:1 would carry forward their existing end-of-pipe daily maximum E. coli limitation of 

427 colonies/100mL. This permitting action is establishing monthly average and daily 

maximum BPT limits of 64 colonies/100 mL and 427 colonies/100 mL, respectively. A 

2/Week monitoring requirement is being carried forward in this permitting action. 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Secondary Treated Effluent: 

e. E. coli bacteria (cont’d): 

A review of the DMR data for the period February 2006 – February 2011 indicates the 

monthly average and daily maximum values have been reported as follows: 

E. coli bacteria 

Value Limit 

(#col/100 mL) 

Range 

(#col/100 ml) 

Arith. Mean 

(#col/100 mL) 

Number of 

DMRs 

Compliance 

Monthly 

Average 142 3 – 30 10 25 100% 

Daily 

Maximum 949 9 – 586 121 25 100% 

f. Total Residual Chlorine (TRC):The previous permitting action established a TRC daily 

maximum BPT limit of 1.0 mg/L for the discharge. TRC limits are specified to ensure 

that ambient water quality standards are maintained and that BPT technology is being 

applied to the discharge. Permitting actions by the Department impose the more stringent 

of water quality or technology based limits. End-of-pipe water quality based 

concentration thresholds may be calculated as follows: 

Parameter Acute 

Criteria 

Chronic 

Criteria 

Acute 

Dilution 

Chronic 

Dilution 

Acute 

Limit 

Chronic 

Limit 

Chlorine 19 ug/L 11 ug/L 408:1 1,703:1 7.8 mg/L 19 mg/L 

Example calculation, Acute: 0.019 mg/L (408) = 7.8 mg/L 

In the case of the LSD facility, the calculated acute water quality based threshold is 

higher than 1.0 mg/l; therefore, the BPT limit of 1.0 mg/L is imposed as a daily 

maximum limit. 

A review of the DMR data for the period February 2006 – February 2011 indicates the 

daily maximum concentration values have been reported as follows: 

Total Residual Chlorine 

Value Limit 

(mg/L) 

Range 

(mg/L) 

Mean 

(mg/L) 

Number of 

DMRs 

Compliance

Daily Maximum 1.0 0.6 – 1.0 0.87 25 100% 

g. pH Range: This permitting action is carrying forward the BPT-based pH daily maximum 

limits of 6.0 –9.0 standard units pursuant to 06-096 CMR 525(3)(III)(c). A review of the 

DMR data for the period February 2006 – February 2011 (n=59) indicates the pH range 

was 6.7 SU – 7.4 SU. 
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W0001479-6D-E-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d)

Secondary Treated Effluent: 

h. Whole Effluent Toxicity (WET) and Chemical Specific Testing: 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 Criteria as established by the USEPA. 06-096 CMR 530 

and 06-096 CMR 584 set forth ambient water quality criteria (AWQC) for toxic 

pollutants and procedures necessary to control levels of toxic pollutants in surface waters. 

WET, priority pollutant and analytical chemistry testing as required by 06-096 CMR 530 

are included in this permit in order to fully characterize the effluent. This permit also 

provides for reconsideration of effluent limits and monitoring schedules after evaluation 

of toxicity testing results. The monitoring schedule includes consideration of results 

currently on file, the nature of the wastewater, existing treatment and receiving water 

characteristics. 

WET monitoring is required to assess and protect against impacts 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 invertebrate and vertebrate 

species. Priority pollutant and analytical chemistry testing are required to assess the 

levels of individual toxic pollutants in the discharge, comparing each pollutant to acute, 

chronic, and human health AWQC as established in 06-096 CMR 584. 

06-096 CMR 530 establishes four categories of testing requirements 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 

06-096 CMR 530 (D)(1) specifies the criteria to be used in determining the minimum 

monitoring frequency requirements for WET, priority pollutant and analytical chemistry 

testing. Based on the 06-096 CMR 530 (D)(1) criteria, the permittee’s facility falls into 

the Level III frequency category as the facility has a chronic dilution factor of >500:1 and 

a flow of > 1.0 MGD. 06-096 CMR 530 (D)(1) specifies that default screening and 

surveillance level testing requirements are as follows: 

Screening level testing – Beginning 12 months prior to expiration of the permit and 

every five years thereafter. 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

III 1 per year 1 per year 4 per year 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (CONT’D) 

Secondary Treated Effluent: 

h. Whole Effluent Toxicity (WET) and Chemical Specific Testing (cont’d): 

Surveillance level testing – Beginning upon issuance of the permit and lasting through 

12 months prior to permit expiration. 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

III 1 per year None required 1 per year 

A review of the data on file with the Department indicates that to-date, the permittee has 

fulfilled the WET and chemical-specific testing requirements of 06-096 CMR 530. See 

Attachment A of this Fact Sheet for a summary of the WET test results and 

Attachment B of this Fact Sheet for a summary of the chemical-specific test dates. 

06-096 CMR 530 (3)(b) states in part, Dischargers in Levels III and IV may be waived 

from conducting surveillance testing for individual WET species or chemicals provided 

that testing in the preceding 60 months does not indicate any reasonable potential for 

exceedence as calculated pursuant to section 3(E). 

06-096 CMR 530 (3) (E) states “For effluent monitoring data and the variability of the 

pollutant in the effluent, the Department shall apply the statistical approach in Section 

3.3.2 and Table 3-2 of USEPA's "Technical Support Document for Water Quality-Based 

Toxics Control" (USEPA Publication 505/2-90-001, March, 1991, EPA, Office of Water, 

Washington, D.C.) to data to determine whether water-quality based effluent limits must 

be included in a waste discharge license. Where it is determined through this approach 

that a discharge contains pollutants or WET at levels that have a reasonable potential 

to cause or contribute to an exceedence of water quality criteria, appropriate water 

quality-based limits must be established in any licensing action.” 

06-096 CMR 530(3) states, “In determining if effluent limits are required, the 

Department shall consider all information on file and effluent testing conducted during 

the preceding 60 months. However, testing done in the performance of a Toxicity 

Reduction Evaluation (TRE) approved by the Department may be excluded from such 

evaluations.” 

WET evaluation

On 2/09/11, the Department conducted a statistical evaluation on the most recent 60 

months of WET data that indicates the discharge does not have a reasonable potential 

(RP) to exceed the acute or chronic critical ambient water quality criteria (AWQC) 

thresholds (of 0.24% and 0.06%, respectively – mathematical inverses of the modified 
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W0001479-6D-E-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Secondary Treated Effluent: 

h. Whole Effluent Toxicity (WET) and Chemical Specific Testing (cont’d): 

acute dilution factor of 408:1 and the chronic dilution factor of 1706:1). As a result, this 

permit modification is not establishing WET limitations. 

Given the absence of exceedences or reasonable potential to exceed critical WET 

thresholds for the brook trout or water flea, the permittee meets the surveillance level 

monitoring frequency waiver criteria found at 06-096 CMR 530 (D)(3)(b). This permit is 

carrying forward the requirement for the permittee to conduct screening level WET 

testing at a frequency of once per year (1/Year) on the brook trout and water flea. 

Screening level testing shall be conducted beginning 12 months prior to expiration of the 

permit and every five years thereafter. 

In accordance with Special Condition L, 06-096 CMR 530 (2)(D)(4) Statement For 

Reduced/Waived Toxics Testing, of this permit, the permittee must annually submit to the 

Department a written statement evaluating its current status for each of the conditions 

listed. 

Chemical evaluation

06-096 CMR 530 (4)(C) states, “The background concentration of specific chemicals 

must be included in all calculations using the following procedures. The Department may 

publish and periodically update a list of default background concentrations for specific

pollutants on a regional, watershed or statewide basis. In doing so, the Department shall 

use data collected from reference sites that are measured at points not significantly 

affected by point and non-point discharges and best calculated to accurately represent 

ambient water quality conditions The Department shall use the same general methods as 

those in section 4(D) to determine background concentrations. For pollutants not listed 

by the Department, an assumed concentration of 10% of the applicable water quality 

criteria must be used in calculations.” The Department has limited information on the 

background levels of metals in the water column in the Penobscot River in the vicinity of 

the permittee’s outfall. Therefore, a default background concentration of 10% of the 

applicable water quality criteria is being used in the calculations of this permitting action. 

06-096 CMR 530 (4)(E), states “In allocating assimilative capacity for toxic pollutants, 

the Department shall hold a portion of the total capacity in an unallocated reserve to 

allow for new or changed discharges and non-point source contributions. The 

unallocated reserve must be reviewed and restored as necessary at intervals of not more 

than five years. The water quality reserve must be not less than 15% of the total 

assimilative quantity.” Therefore, the Department is reserving 15% of the applicable 

water quality criteria in the calculations of this permitting action. 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Secondary Treated Effluent: 

h. Whole Effluent Toxicity (WET) and Chemical Specific Testing (cont’d): 

06-096 CMR 530 (3)(E) states "... that a discharge contains pollutants or WET at levels 

that have a reasonable potential to cause or contribute to an exceedence of water quality 

criteria, appropriate water quality-based limits must be established in any licensing 

action.”

06-096 CMR 530 (4)(F) states in part “Where there is more than one discharge into the 

same fresh or estuarine receiving water or watershed, the Department shall consider the 

cumulative effects of those discharges when determining the need for and establishment 

of the level of effluent limits. The Department shall calculate the total allowable 

discharge quantity for specific pollutants, less the water quality reserve and background 

concentration, necessary to achieve or maintain water quality criteria at all points of 

discharge, and in the entire watershed. The total allowable discharge quantity for 

pollutants must be allocated consistent with the following principles. 

Evaluations must be done for individual pollutants of concern in each watershed or 

segment to assure that water quality criteria are met at all points in the watershed and, if 

appropriate, within tributaries of a larger river. 

The total assimilative capacity, less the water quality reserve and background 

concentration, may be allocated among the discharges according to the past discharge 

quantities for each as a percentage of the total quantity of discharges, or another 

comparable method appropriate for a specific situation and pollutant. Past discharges of 

pollutants must be determined using the average concentration discharged during the 

past five years and the facility's licensed flow. 

The amount of allowable discharge quantity may be no more than the past discharge 

quantity calculated using the statistical approach referred to in section 3(E) [Section 

3.3.2 and Table 3-2 of USEPA's "Technical Support Document for Water Quality-Based 

Toxics Control"] of the rule, but in no event may allocations cause the water quality 

reserve amount to fall below the minimum referred to in 4(E) [15% of the total 

assimilative capacity]. Any difference between the total allowable discharge quantity and 

that allocated to existing dischargers must be added to the reserve.” 

See Attachment C of this Fact Sheet for Department guidance that establishes protocols 

for establishing waste load allocations. The guidance states that the most protective of 

water quality becomes the facility’s allocation. According to the 2/09/11 statistical 

evaluation (Report ID #342), the pollutant of concern (copper) is to be limited based on 

the segment allocation method. 
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W0001479-6D-E-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Secondary Treated Effluent: 

h. Whole Effluent Toxicity (WET) and Chemical Specific Testing (cont’d): 

06-096 CMR 530 (3)(D)(1) states, “For specific chemicals, effluent limits must be 

expressed in total quantity that may be discharged and in effluent concentration. In 

establishing concentration, the Department may increase allowable values to reflect 

actual flows that are lower than permitted flows and/or provide opportunities for flow 

reductions and pollution prevention provided water quality criteria are not exceeded. 

With regard to concentration limits, the Department may review past and projected flows 

and set limits to reflect proper operation of the treatment facilities that will keep the 

discharge of pollutants to the minimum level practicable.” 

As not to penalize the permittee for operating at flows less than the permitted flow, the 

Department is establishing concentration limits based on a back calculation from the 

mass limit utilizing a multiplier of 2.0. 

It is noted the Penobscot Indian Nation (PIN) has informally notified the Department of 

its intent to formally petition the Department to adopt a site specific fish consumption 

rate for a segment(s) of the Penobscot River for use in calculating human health based 

ambient water quality criteria (AWQC) specified by 06-096 CMR Department rule, 

Chapter 584, Surface Water Quality Criteria For Toxic Pollutants. Once petitioned, a 

formal public process as outlined in Attachment E of this Fact Sheet will be invoked and 

adhered to. Should an alternate fish consumption rate be adopted, this permit may be 

reopened pursuant to Special Condition N, Reopening of Permit For Modifications, of 

this permit to establish new or revised water quality based limits for pollutants that 

exceed or have a reasonable potential to exceed human health AWQC. 

Segment allocation methodology

Historical Average: 

For the segment allocation methodology, the historical average quantity (mass) for each 

pollutant of concern for each facility is calculated utilizing the arithmetic mean of the 

concentrated values reported for each pollutant, a conversion factor of 8.34 lbs/gallon and 

the monthly average permit limit for flow. The historical mass discharged for each 

pollutant for each facility is mathematically summed to determine the total mass 

discharged for each pollutant in the watershed. Based on the individual discharger’s 

historical average, each discharger is assigned a percentage of the whole which is then 

utilized to determine the percent of the segment allocation for each pollutant for each 

facility. For the permittee, historical averages for total copper were calculated as follows: 
ME0101796 FACT SHEET Page 16 of 22 

W0001479-6D-E-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Secondary Treated Effluent: 

h. Whole Effluent Toxicity (WET) and Chemical Specific Testing (cont’d): 

Copper

Historical average mass

Mean concentration = 6.0 ug/L or 0.006 mg/L 

Permit flow limit = 1.07 MGD 

Historical average mass = (0.006 mg/L)(8.34)(1.07 MGD) = 0.05 lbs/day 

The 2/09/11 statistical evaluation indicates the historical average mass of copper 

discharged by the permittee is 0.36% of the copper discharged by the facilities on the 

Penobscot River and its tributaries. Therefore, the permittee’s acute and chronic segment 

allocations for copper are calculated as 0.36% of the copper discharged on the Penobscot 

River and its tributaries. The Department has calculated an acute assimilative capacity of 

35.94 lbs/day and a chronic assimilative capacity of 30.51 lbs/day of copper at Bangor, 

the most downstream facility on the Penobscot River. Therefore, the mass segment 

allocations for copper for the permittee can be calculated as follows: 

Daily maximum: (Acute assimilative capacity mass)(% of total copper discharged) 

(35.94 lbs/day)(0.0036) = 0.13 lbs/day 

Monthly average: (Chronic assimilative capacity mass)(% of total copper discharged) 

(30.51 lbs/day)(0.0036) = 0.11 lbs/day 

Total Copper Concentration limits: 

Daily mass limit = 0.13 lbs/day 

 (0.13 lbs/day) = 0.015 mg/L 

(8.34 lbs/gal)(1.07 MGD) 

(0.015 mg/L)(1,000 ug/mg)(2) = 30 ug/L 

Monthly average mass limit = 0.11 lbs/day 

 (0.11 lbs/day) = 0.012 mg/L 

(8.34 lbs/gal)(1.07 MGD) 

(0.012 mg/L)(1,000 ug/mg)(2) = 24 ug/L 
ME0101796 FACT SHEET Page 17 of 22 

W0001479-6D-E-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Secondary Treated Effluent: 

h. Whole Effluent Toxicity (WET) and Chemical Specific Testing (cont’d): 

As for the remaining chemical specific parameters tested to date, none of the test results 

in the 60-month evaluation period exceed or have a reasonable potential to exceed 

applicable acute, chronic or human health AWQC. Therefore, this permitting action is 

carrying forward the waived surveillance level reporting and monitoring frequency for 

analytical chemistry and priority pollutant testing. As with reduced WET testing, the 

permittee must file an annual certification with the Department pursuant to Special 

Condition L, 06-096 CMR 530 (2)(D)(4) Statement For Reduced/Waived Toxics Testing. 

Beginning 12 months prior to the expiration date of the permit and every five years 

thereafter, the permittee shall conduct default screening level analytical chemistry testing 

at 1/Quarter and priority pollutant testing of 1/Year. 

i. Mercury: On May 23, 2000, pursuant to Certain deposits and discharges prohibited, 38 

M.R.S.A. § 420, 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 thereby administratively modifying WDL #W001479-5L-D-M 

by establishing interim monthly average and daily maximum effluent concentration limits 

of 17.3 parts per trillion (ppt) and 26.0 ppt, respectively, and a minimum monitoring 

frequency requirement of four (4) 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 separately through 38 M.R.S.A.§ 413 and 06-096 CMR 519. However, 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. 

38 M.R.S.A., §420 1-B,(B)(1) states that a facility is not in violation of the ambient water 

quality criteria for mercury if the facility is in compliance with an interim discharge limit 

established by the Department pursuant to section 413, subsection 11. A review of the 

Department’s data base for the period February 2006 – February 2011 indicates mercury 

test results have ranged from 2.5 ppt to 14.2 ppt with an arithmetic mean (n=19) of 

4.5 ppt. 

j. Transported Wastes: The previous permitting action authorized the permittee to accept 

and treat up to 3,600 gpd of transported wastes. Standards For The Addition of 

Transported Wastes to Wastewater Treatment Facilities, 06-096 CMR 555 (effective 

March 9, 2009), limits the quantity of transported wastes received at a facility to 1% of 

the design capacity of the treatment facility if the facility utilizes a side stream or storage 
ME0101796 FACT SHEET Page 18 of 22 

W0001479-6D-E-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Secondary Treated Effluent: 

j. Transported Wastes (cont’d): 

method of introduction into the influent flow, or 0.5% of the design capacity of the 

facility if the facility does not utilize the side stream or storage method of introduction 

into the influent flow. A facility may receive more than 1% of the design capacity on a 

case-by-case basis. With a design capacity of 1.07 MGD, 3,600 gpd only represents 0.3% 

of said capacity. The Department has reviewed and approved the permittee’s most current 

Septage Management Plan and determined that under normal operating conditions, the 

addition of 3,600 gpd of septage to the facility will not cause or contribute to upset 

conditions of the treatment process. 

Primary Treated Effluent (Outfall #002A):

For those flows in excess of the daily and peak hourly design flows received at the 

treatment facility which are greater than that which can be treated to a secondary level of 

treatment, the Department has made a best professional judgment that primary treatment 

and disinfection constitutes appropriate and best practicable treatment. The reporting 

requirements for the parameters in Special Condition A(2) of this permit (Flow, Surface 

Loading Rate, Overflow Occurrences and BOD5 and TSS percent removal rates) and the 

daily maximum limits for E. coli bacteria and total residual chlorine were established in 

the 12/16/03 permit based on a Department best professional judgment of the parameters 

deemed necessary to evaluate the performance of the primary treatment process and are 

consistent with the reporting requirements and limitations established in other MEPDES 

permits with secondary bypass capabilities. It is noted the secondary treated waste water 

and primary treated waste waters (during wet weather events) are disinfected 

independently and the primary treated waste stream combines with the secondary treated 

waste stream after the chlorine contact chamber. 

k. Flow: This permitting action is carrying forward the monthly average and daily 

maximum flow reporting requirements. 

 A summary of the monthly Discharge Monitoring Report (DMR) data for the period 

February 2006 – February 2011 indicates the following: 

 Flow 

Value Limit (MGD) Range (MGD) Average 

(MGD) 

Number 

of DMRs 

Monthly Average Report 0.11 – 1.53 0.53 25 

Daily Maximum Report 0.11 – 3.61 0.93 25 
ME0101796 FACT SHEET Page 19 of 22 

W0001479-6D-E-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Primary Treated Effluent:

l. Surface Loading Rate: This permitting action is carrying forward the daily maximum 

surface loading rate reporting requirements. 

A summary of the monthly Discharge Monitoring Report (DMR) data for the period 

February 2006 – February 2011 indicates the following: 

 Surface Loading Rate 

Value Limit (gpd/sf) Range (gpd/sf) Average 

(gpd/sf) 

Number 

of DMRs 

Daily Maximum Report 163 – 9,226 2,109 24 

m. Overflow Use, Occurrences: This permitting action is carrying forward the monthly 

average overflow use occurrences reporting requirements. 

A summary of the monthly Discharge Monitoring Report (DMR) data for the period 

February 2006 – February 2011 indicates the following: 

 Overflow Use, Occurrences 

Value Limit (#days) Range (#days) Average 

(#days) 

Number 

of DMRs 

Daily Maximum Report 1 – 8 2 25 

n. BOD5 and TSS: This permitting action is carrying forward the monthly average BOD5 

and TSS reporting requirements. 

A summary of the monthly Discharge Monitoring Report (DMR) data for the period 

February 2006 – February 2011 indicates the following: 

 BOD5 

Value Limit (mg/L) Range (mg/L) Average (mg/L) Number 

of DMRs 

Daily Maximum Report 23 – 91 46 25 

TSS 

Value Limit (mg/L) Range (mg/L) Average (mg/L) Number 

of DMRs 

Daily Maximum Report 10 – 157 58 25 

The permittee’s BOD5 and TSS percent removal rates for the period of February 2006 – 

February 2011 (n=24) ranged from -21% to 38% and from -30% to 88%, respectively. 
ME0101796 FACT SHEET Page 20 of 22 

W0001479-6D-E-R 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Primary Treated Effluent:

o. E. coli: The previous permitting action established a daily maximum water quality based 

E. coli limit of 949 colonies/100 mL based on a Department best professional judgment 

of BPT for this type of waste stream and treatment process. This permitting action is 

revising the daily maximum water quality based E. coli limit from 949 col/100mL to 

427 col/100mL based on Department best professional judgment of BPT for this type of 

waste stream and treatment process and based on the 2005 reclassification of the 

Penobscot River at the point of discharge from a Class C to a Class B waterway. Further 

discussion of E. coli limits can be found in Section 6e of this Fact Sheet. The permittee 

reported two E. coli results of 18 col/100 mL and 98 col/100 mL for the period February 

2006 – February 2011.

p. Total residual chlorine: The previous permitting action established a daily maximum 

technology based limit of 1.0 mg/L based on a Department best professional judgment of 

BPT for this type of waste stream and treatment process and is being carried forward in 

this permitting action. 

A summary of the monthly Discharge Monitoring Report (DMR) data for the period 

February 2006 – February 2011 indicates the following: 

Total Residual Chlorine 

Value Limit (mg/L) Range (mg/L) Average 

(mg/L) 

Number 

of DMRs 

Compliance

Daily Maximum 1.0 0.1 – 1.1 0.7 4 50% 

7. DISCHARGE IMPACT ON RECEIVING WATER QUALITY 

The Department has made a best professional judgment determination that as permitted, the 

discharge will not cause or contribute the failure of the receiving water to meet the standards 

of its ascribed classification and the designated uses of the river will continue to be 

maintained and protected. 

If ambient water quality monitoring or future modeling determines that at full permitted 

discharge limits the permittee’s discharge is causing or contributing to the non-attainment of 

standards, this permit will be re-opened per Special Condition N, Reopening of Permit For 

Modifications, to impose more stringent limitations to meet water quality standards. 
ME0101796 FACT SHEET Page 21 of 22 

W0001479-6D-E-R 

8. PUBLIC COMMENTS 

Public notice of this application was made in the Lincoln News newspaper on or about 

November 1, 2007. The Department receives public comments on an application until the 

date a final agency action is taken on the application. Those persons receiving copies of draft 

permits shall have at least 30 days in which to submit comments on the draft or to request a 

public hearing, pursuant to Application Processing Procedures for Waste Discharge 

Licenses, 06-096 CMR 522 (effective January 12, 2001). 

9. DEPARTMENT CONTACTS 

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

comments should be sent to: 

Phyllis Arnold Rand 

Division of Water Quality Management 

Bureau of Land & Water Quality 

Department of Environmental Protection 

17 State House Station 

Augusta, Maine 04333-0017 Telephone: (207) 287-7658 Fax: (207) 287-3435 

e-mail: phyllis.a.rand@maine.gov

10. RESPONSE TO COMMENTS 

During the period of March 24, 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 received written comments from 

the Penobscot Indian Nation (PIN) in a letter to the Department dated April 25, 2011. No 

comments were received from state or federal agencies or interested parties that resulted in 

any substantive change(s) in the terms and conditions of the permit. Responses to the PIN’s 

comments are as follows: 

Comment #1: The PIN states, While we support the total copper monitoring requirement, we 

believe that more frequent surveillance monitoring is needed in order to determine whether 

the discharge limitations are being met. It seems that a minimum frequency of once/year 

during the surveillance year would not adequately characterize copper levels of the effluent 

and provide sufficient data for determining compliance. 

Response #1: Surface Water Toxics Control Program, 06-096 CMR 530 (2)(D)(1) and 06-

096 CMR 530 (2)(D)(3)(b)[effective October 12, 2005] states that dischargers categorized as 

“Level III” dischargers, as in the case of the permittee, are required to conduct annual 

surveillance-level tests for the parameters that do not meet the surveillance-level testing 

waiver criteria. For the permittee, total copper monitoring is required on an annual basis as 

this analyte did not meet the testing waiver criteria. The annual monitoring frequency 

prescribed in Special Condition A.2. of the permit is consistent with surveillance-level 

monitoring requirements for other Level III dischargers. 
ME0101796 FACT SHEET Page 22 of 22 

W0001479-6D-E-R 

10. RESPONSE TO COMMENTS (cont’d) 

Comment #2: The PIN states, While we do not object to the lack of phosphorus monitoring 

requirements for this facility, we do believe that ME DEP should remain open to the idea of 

adding phosphorous monitoring here in the future if warranted from the results [of the] 

monitoring plan for the Phosphorus Waste Load Allocation.

Response #2: Permit Special Condition N, “Reopening of Permit for Modifications” 

addresses the above concern. 
ATTACHMENT A 

ATTACHMENT B 


ATTACHMENT C 









ATTACHMENT D 

ATTACHMENT E 



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, mining, 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 

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

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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A. GENERAL PROVISIONS 

1. General compliance. All discharges shall be consistent with the terms and conditions of this permit; 

any changes in production capacity or process modifications which result in changes in the quantity or the 

characteristics of the discharge must be authorized by an additional license or by modifications of this 

permit; it shall be a violation of the terms and conditions of this permit to discharge any pollutant not 

identified and authorized herein or to discharge in excess of the rates or quantities authorized herein or to 

violate any other conditions of this permit. 

2. Other materials. Other materials ordinarily produced or used in the operation of this facility, which 

have been specifically identified in the application, may be discharged at the maximum frequency and 

maximum level identified in the application, provided: 

(a) They are not 

(i) Designated as toxic or hazardous under the provisions of Sections 307 and 311, 

respectively, of the Federal Water Pollution Control Act; Title 38, Section 420, Maine 

Revised Statutes; or other applicable State Law; or 

(ii) Known to be hazardous or toxic by the licensee. 

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

3. Duty to comply. The permittee must comply with all conditions of this permit. Any permit 

noncompliance constitutes a violation of State law and the Clean Water Act and is grounds for 

enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a 

permit renewal application. 

(a) The permittee shall comply with effluent standards or prohibitions established under section 

307(a) of the Clean Water Act, and 38 MRSA, §420 or Chapter 530.5 for toxic pollutants 

within the time provided in the regulations that establish these standards or prohibitions, even 

if the permit has not yet been modified to incorporate the requirement. 

(b) Any person who violates any provision of the laws administered by the Department, 

including without limitation, a violation of the terms of any order, rule license, permit, 

approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

4. Duty to provide information. The permittee shall furnish to the Department, within a reasonable 

time, any information which the Department may request to determine whether cause exists for 

modifying, revoking and reissuing, or terminating this permit or to determine compliance with this 

permit. The permittee shall also furnish to the Department upon request, copies of records required to be 

kept by this permit. 

5. Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The 

filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or 

a notification of planned changes or anticipated noncompliance does not stay any permit condition. 

6. Reopener clause. The Department reserves the right to make appropriate revisions to this permit in 

order to establish any appropriate effluent limitations, schedule of compliance or other provisions which 

may be authorized under 38 MRSA, §414-A(5). 

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Revised July 1, 2002 Page 2 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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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 any responsibilities, liabilities or penalties to which the 

permittee is or may be subject under section 311 of the Federal Clean Water Act; section 106 of the 

Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980; or 38 MRSA 

§§ 1301, et. seq. 

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

privilege. 

9. Confidentiality of records. 38 MRSA §414(6) reads as follows. "Any records, reports or information 

obtained under this subchapter is available to the public, except that upon a showing satisfactory to the 

department by any person that any records, reports or information, or particular part or any record, report or 

information, other than the names and addresses of applicants, license applications, licenses, and effluent 

data, to which the department has access under this subchapter would, if made public, divulge methods or 

processes that are entitled to protection as trade secrets, these records, reports or information must be 

confidential and not available for public inspection or examination. Any records, reports or information may 

be disclosed to employees or authorized representatives of the State or the United States concerned with 

carrying out this subchapter or any applicable federal law, and to any party to a hearing held under this 

section on terms the commissioner may prescribe in order to protect these confidential records, reports and 

information, as long as this disclosure is material and relevant to any issue under consideration by the 

department." 

10. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the 

expiration date of this permit, the permittee must apply for and obtain a new permit. 

11. Other laws. The issuance of this permit does not authorize any injury to persons or property or 

invasion of other property rights, nor does it relieve the permittee if its obligation to comply with other 

applicable Federal, State or local laws and regulations. 

12. Inspection and entry. The permittee shall allow the Department, or an authorized representative 

(including an authorized contractor acting as a representative of the EPA Administrator), upon 

presentation of credentials and other documents as may be required by law, to: 

(a) Enter upon the permittee's premises where a regulated facility or activity is located or 

conducted, or where records must be kept under the conditions of this permit; 

(b) Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of this permit; 

(c) Inspect at reasonable times any facilities, equipment (including monitoring and control 

equipment), practices, or operations regulated or required under this permit; and 

(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as 

otherwise authorized by the Clean Water Act, any substances or parameters at any location. 

B. OPERATION AND MAINTENACE OF FACILITIES 

1. General facility requirements. 

(a) The permittee shall collect all waste flows designated by the Department as requiring 

treatment and discharge them into an approved waste treatment facility in such a manner as to 

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Revised July 1, 2002 Page 3 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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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 installed and operational prior to the discharge 

of any wastewaters. 

(d) Final plans and specifications must be submitted to the Department for review prior to the 

construction or modification of any treatment facilities. 

(e) The permittee shall install flow measuring facilities of a design approved by the Department. 

(f) The permittee must provide an outfall of a design approved by the Department which is 

placed in the receiving waters in such a manner that the maximum mixing and dispersion of 

the wastewaters will be achieved as rapidly as possible. 

2. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all 

facilities and systems of treatment and control (and related appurtenances) which are installed or used by 

the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance 

also includes adequate laboratory controls and appropriate quality assurance procedures. This provision 

requires the operation of back-up or auxiliary facilities or similar systems which are installed by a 

permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 

3. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in order to 

maintain compliance with the conditions of this permit. 

4. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge 

or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely 

affecting human health or the environment. 

5. Bypasses.

(a) Definitions. 

(i) Bypass means the intentional diversion of waste streams from any portion of a treatment 

facility. 

(ii) Severe property damage means substantial physical damage to property, damage to the 

treatment facilities which causes them to become inoperable, or substantial and 

permanent loss of natural resources which can reasonably be expected to occur in the 

absence of a bypass. Severe property damage does not mean economic loss caused by 

delays in production. 

(b) Bypass not exceeding limitations. The permittee may allow any bypass to occur which does 

not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to 

assure efficient operation. These bypasses are not subject to the provisions of paragraphs (c) 

and (d) of this section. 

(c) Notice. 

(i) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall 

submit prior notice, if possible at least ten days before the date of the bypass. 

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Revised July 1, 2002 Page 4 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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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 condition is not satisfied if adequate back-up 

equipment should have been installed in the exercise of reasonable engineering 

judgment to prevent a bypass which occurred during normal periods of equipment 

downtime or preventive maintenance; and 

(C) The permittee submitted notices as required under paragraph (c) of this section. 

(ii) The Department may approve an anticipated bypass, after considering its adverse effects, 

if the Department determines that it will meet the three conditions listed above in 

paragraph (d)(i) of this section. 

6. Upsets.

(a) Definition. Upset means an exceptional incident in which there is unintentional and 

temporary noncompliance with technology based permit effluent limitations because of 

factors beyond the reasonable control of the permittee. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed treatment 

facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or 

improper operation. 

(b) Effect of an upset. An upset constitutes an affirmative defense to an action brought for 

noncompliance with such technology based permit effluent limitations if the requirements of 

paragraph (c) of this section are met. No determination made during administrative review of 

claims that noncompliance was caused by upset, and before an action for noncompliance, is 

final administrative action subject to judicial review. 

(c) Conditions necessary for a demonstration of upset. A permittee who wishes to establish the 

affirmative defense of upset shall demonstrate, through properly signed, contemporaneous 

operating logs, or other relevant evidence that: 

(i) An upset occurred and that the permittee can identify the cause(s) of the upset; 

(ii) The permitted facility was at the time being properly operated; and 

(iii) The permittee submitted notice of the upset as required in paragraph D(1)(f) , below. (24 

hour notice). 

(iv) The permittee complied with any remedial measures required under paragraph B(4). 

(d) Burden of proof. In any enforcement proceeding the permittee seeking to establish the 

occurrence of an upset has the burden of proof. 

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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C. MONITORING AND RECORDS 

1. General Requirements. This permit shall be subject to such monitoring requirements as may be 

reasonably required by the Department including the installation, use and maintenance of monitoring 

equipment or methods (including, where appropriate, biological monitoring methods). The permittee 

shall provide the Department with periodic reports on the proper Department reporting form of 

monitoring results obtained pursuant to the monitoring requirements contained herein. 

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

of the volume and nature of the monitored discharge. If effluent limitations are based wholly or partially 

on quantities of a product processed, the permittee shall ensure samples are representative of times when 

production is taking place. Where discharge monitoring is required when production is less than 50%, the 

resulting data shall be reported as a daily measurement but not included in computation of averages, 

unless specifically authorized by the Department. 

3. Monitoring and records. 

(a) Samples and measurements taken for the purpose of monitoring shall be representative of the 

monitored activity. 

(b) Except for records of monitoring information required by this permit related to the permittee's 

sewage sludge use and disposal activities, which shall be retained for a period of at least five 

years, the permittee shall retain records of all monitoring information, including all 

calibration and maintenance records and all original strip chart recordings for continuous 

monitoring instrumentation, copies of all reports required by this permit, and records of all 

data used to complete the application for this permit, for a period of at least 3 years from the 

date of the sample, measurement, report or application. This period may be extended by 

request of the Department at any time. 

(c) Records of monitoring information shall include: 

(i) The date, exact place, and time of sampling or measurements; 

(ii) The individual(s) who performed the sampling or measurements; 

(iii) The date(s) analyses were performed; 

(iv) The individual(s) who performed the analyses; 

(v) The analytical techniques or methods used; and 

(vi) The results of such analyses. 

(d) Monitoring results must be conducted according to test procedures approved under 40 CFR 

part 136, unless other test procedures have been specified in the permit. 

(e) State law provides that any person who tampers with or renders inaccurate any monitoring 

devices or method required by any provision of law, or any order, rule license, permit 

approval or decision is subject to the penalties set forth in 38 MRSA, §349. 

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Revised July 1, 2002 Page 6 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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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 applies to pollutants which are subject neither to 

effluent limitations in the permit, nor to notification requirements under Section D(4). 

(iii) The alteration or addition results in a significant change in the permittee's sludge use or 

disposal practices, and such alteration, addition, or change may justify the application of 

permit conditions that are different from or absent in the existing permit, including 

notification of additional use or disposal sites not reported during the permit application 

process or not reported pursuant to an approved land application plan; 

(b) Anticipated noncompliance. The permittee shall give advance notice to the Department of 

any planned changes in the permitted facility or activity which may result in noncompliance 

with permit requirements. 

(c) Transfers. This permit is not transferable to any person except upon application to and 

approval of the Department pursuant to 38 MRSA, § 344 and Chapters 2 and 522. 

(d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere 

in this permit. 

(i) Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms 

provided or specified by the Department for reporting results of monitoring of sludge use 

or disposal practices. 

(ii) If the permittee monitors any pollutant more frequently than required by the permit using 

test procedures approved under 40 CFR part 136 or as specified in the permit, the results 

of this monitoring shall be included in the calculation and reporting of the data submitted 

in the DMR or sludge reporting form specified by the Department. 

(iii) Calculations for all limitations which require averaging of measurements shall utilize an 

arithmetic mean unless otherwise specified by the Department in the permit. 

(e) Compliance schedules. Reports of compliance or noncompliance with, or any progress 

reports on, interim and final requirements contained in any compliance schedule of this 

permit shall be submitted no later than 14 days following each schedule date. 

(f) Twenty-four hour reporting. 

(i) The permittee shall report any noncompliance which may endanger health or the 

environment. Any information shall be provided orally within 24 hours from the time the 

permittee becomes aware of the circumstances. A written submission shall also be 

provided within 5 days of the time the permittee becomes aware of the circumstances. 

The written submission shall contain a description of the noncompliance and its cause; 

the period of noncompliance, including exact dates and times, and if the noncompliance 

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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 prevent reoccurrence of the noncompliance. 

(ii) The following shall be included as information which must be reported within 24 hours 

under this paragraph. 

(A) Any unanticipated bypass which exceeds any effluent limitation in the permit. 

(B) Any upset which exceeds any effluent limitation in the permit. 

(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by 

the Department in the permit to be reported within 24 hours. 

(iii) The Department may waive the written report on a case-by-case basis for reports under 

paragraph (f)(ii) of this section if the oral report has been received within 24 hours. 

(g) Other noncompliance. The permittee shall report all instances of noncompliance not reported 

under paragraphs (d), (e), and (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 incorrect information in a permit application or in 

any report to the Department, it shall promptly submit such facts or information. 

2. Signatory requirement. All applications, reports, or information submitted to the Department shall 

be signed and certified as required by Chapter 521, Section 5 of the Department's rules. State law 

provides that any person who knowingly makes any false statement, representation or certification in any 

application, record, report, plan or other document filed or required to be maintained by any order, rule, 

permit, approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

3. Availability of reports. Except for data determined to be confidential under A(9), above, all reports 

prepared in accordance with the terms of this permit shall be available for public inspection at the offices 

of the Department. As required by State law, effluent data shall not be considered confidential. 

Knowingly making any false statement on any such report may result in the imposition of criminal 

sanctions as provided by law. 

4. Existing manufacturing, commercial, mining, and silvicultural dischargers. In addition to the 

reporting requirements under this Section, all existing manufacturing, commercial, mining, and 

silvicultural dischargers must notify the Department as soon as they know or have reason to believe: 

(a) That any activity has occurred or will occur which would result in the discharge, on a routine 

or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge 

will exceed the highest of the following "notification levels'': 

(i) One hundred micrograms per liter (100 ug/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-dinitrophenol and for 2-methyl-4,6-dinitrophenol; 

and one milligram per liter (1 mg/l) for antimony; 

(iii) Five (5) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

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(b) That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that 

discharge will exceed the highest of the following ``notification levels'': 

(i) Five hundred micrograms per liter (500 ug/l); 

(ii) One milligram per liter (1 mg/l) for antimony; 

(iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

5. Publicly owned treatment works. 

(a) All POTWs must provide adequate notice to the Department of the following: 

(i) Any new introduction of pollutants into the POTW from an indirect discharger which 

would be subject to section 301 or 306 of CWA or Chapter 528 if it were directly 

discharging those pollutants. 

(ii) Any substantial change in the volume or character of pollutants being introduced into that 

POTW by a source introducing pollutants into the POTW at the time of issuance of the 

permit. 

(iii) For purposes of this paragraph, adequate notice shall include information on (A) the 

quality and quantity of effluent introduced into the POTW, and (B) any anticipated 

impact of the change on the quantity or quality of effluent to be discharged from the 

POTW. 

(b) When the effluent discharged by a POTW for a period of three consecutive months exceeds 

80 percent of the permitted flow, the permittee shall submit to the Department a projection of 

loadings up to the time when the design capacity of the treatment facility will be reached, and 

a program for maintaining satisfactory treatment levels consistent with approved water 

quality management plans. 

E. OTHER REQUIREMENTS 

1. Emergency action - power failure. Within thirty days after the effective date of this permit, the 

permittee shall notify the Department of facilities and plans to be used in the event the primary source of 

power to its wastewater pumping and treatment facilities fails as follows. 

(a) For municipal sources. During power failure, all wastewaters which are normally treated 

shall receive a minimum of primary treatment and disinfection. Unless otherwise approved, 

alternate power supplies shall be provided for pumping stations and treatment facilities. Alternate 

power supplies shall be on-site generating units or an outside power source which is separate and 

independent from sources used for normal operation of the wastewater facilities. 

(b) For industrial and commercial sources. The permittee shall either maintain an alternative 

power source sufficient to operate the wastewater pumping and treatment facilities or halt, reduce 

or otherwise control production and or all discharges upon reduction or loss of power to the 

wastewater pumping or treatment facilities. 

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2. Spill prevention. (applicable only to industrial sources) Within six months of the effective date of 

this permit, the permittee shall submit to the Department for review and approval, with or without 

conditions, a spill prevention plan. The plan shall delineate methods and measures to be taken to prevent 

and or contain any spills of pulp, chemicals, oils or other contaminates and shall specify means of 

disposal and or treatment to be used. 

3. Removed substances. Solids, sludges trash rack cleanings, filter backwash, or other pollutants 

removed from or resulting from the treatment or control of waste waters shall be disposed of in a manner 

approved by the Department. 

4. Connection to municipal sewer. (applicable only to industrial and commercial sources) All 

wastewaters designated by the Department as treatable in a municipal treatment system will be cosigned 

to that system when it is available. This permit will expire 90 days after the municipal treatment facility 

becomes available, unless this time is extended by the Department in writing. 

F. DEFINITIONS. For the purposes of this permit, the following definitions shall apply. Other 

definitions applicable to this permit may be found in Chapters 520 through 529 of the Department's rules 

Average means the arithmetic mean of values taken at the frequency required for each parameter over the 

specified period. For bacteria, the average shall be the geometric mean. 

Average monthly discharge limitation means the highest allowable average of daily discharges over a 

calendar month, calculated as the sum of all daily discharges measured during a calendar month divided 

by the number of daily discharges measured during that month. Except, however, bacteriological tests 

may be calculated as a geometric mean. 

Average weekly discharge limitation means the highest allowable average of daily discharges over a 

calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by 

the number of daily discharges measured during that week. 

Best management practices ("BMPs'') means schedules of activities, prohibitions of practices, 

maintenance procedures, and other management practices to prevent or reduce the pollution of waters of 

the State. BMPs also include treatment requirements, operating procedures, and practices to control plant 

site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 

Composite sample means a sample consisting of a minimum of eight grab samples collected at equal 

intervals during a 24 hour period (or a lesser period as specified in the section on monitoring and 

reporting) and combined proportional to the flow over that same time period. 

Continuous discharge means a discharge which occurs without interruption throughout the operating 

hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar 

activities. 

Daily discharge means the discharge of a pollutant measured during a calendar day or any 24-hour period 

that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations 

expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged 

over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge 

is calculated as the average measurement of the pollutant over the day. 

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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 States as well as by EPA. EPA will supply DMRs to any 

approved State upon request. The EPA national forms may be modified to substitute the State Agency 

name, address, logo, and other similar information, as appropriate, in place of EPA's. 

Flow weighted composite sample means a composite sample consisting of a mixture of aliquots 

collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of 

the discharge. 

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

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

sources, both: 

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, 

use or disposal; and 

(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit 

(including an increase in the magnitude or duration of a violation) or of the prevention of 

sewage sludge use or disposal in compliance with the following statutory provisions and 

regulations or permits issued thereunder (or more stringent State or local regulations): Section 

405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more 

commonly referred to as the Resource Conservation and Recovery Act (RCRA), and 

including State regulations contained in any State sludge management plan prepared pursuant 

to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the 

Marine Protection, Research and Sanctuaries Act. 

Maximum daily discharge limitation means the highest allowable daily discharge. 

New source means any building, structure, facility, or installation from which there is or may be a 

discharge of pollutants, the construction of which commenced: 

(a) After promulgation of standards of performance under section 306 of CWA which are 

applicable to such source, or 

(b) After proposal of standards of performance in accordance with section 306 of CWA 

which are applicable to such source, but only if the standards are promulgated in accordance 

with section 306 within 120 days of their proposal. 

Pass through means a discharge which exits the POTW into waters of the State in quantities or 

concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a 

cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the 

magnitude or duration of a violation). 

Permit means an authorization, license, or equivalent control document issued by EPA or an approved 

State to implement the requirements of 40 CFR parts 122, 123 and 124. Permit includes an NPDES 

general permit (Chapter 529). Permit does not include any permit which has not yet been the subject of 

final agency action, such as a draft permit or a proposed permit. 

Person means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, 

federal agency or other legal entity. 

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Point source means any discernible, confined and discrete conveyance, including, but not limited to, any 

pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal 

feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. 

Pollutant means dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, 

sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or 

byproducts, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, 

commercial or agricultural wastes of any kind. 

Process wastewater means any water which, during manufacturing or processing, comes into direct 

contact with or results from the production or use of any raw material, intermediate product, finished 

product, byproduct, or waste product. 

Publicly owned treatment works ("POTW'') means any facility for the treatment of pollutants owned 

by the State or any political subdivision thereof, any municipality, district, quasi-municipal corporation or 

other public entity. 

Septage means, for the purposes of this permit, any waste, refuse, effluent sludge or other material 

removed from a septic tank, cesspool, vault privy or similar source which concentrates wastes or to which 

chemicals have been added. Septage does not include wastes from a holding tank. 

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

collected over a constant time interval. 

Toxic pollutant includes any pollutant listed as toxic under section 307(a)(1) or, in the case of sludge use 

or disposal practices, any pollutant identified in regulations implementing section 405(d) of the CWA. 

Toxic pollutant also includes those substances or combination of substances, including disease causing 

agents, which after discharge or upon exposure, ingestion, inhalation or assimilation into any organism, 

including humans either directly through the environment or indirectly through ingestion through food 

chains, will, on the basis of information available to the board either alone or in combination with other 

substances already in the receiving waters or the discharge, cause death, disease, abnormalities, cancer, 

genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical 

deformations in such organism or their offspring. 

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and 

duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 

typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, 

and similar areas. 

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

test.