STATE OF MAINE 

Department of Environmental Protection 

Paul R. LePage 

GOVERNOR 

Mr. Richard L. Dickinson 

Director, Environmental Services 

Tate & Lyle Ingredients Americas LLC 

2200 East Eldorado Street 

Decatur, IL. 62525 

Patricia W. Aho 

COMMISSIONER 

December 20, 2013 

RE: Maine Pollutant Discharge Elimination System (MEPDES) Permit #ME0002216 

Maine Waste Discharge License #W000940-5N-I-R 

Final Permit 

Dear Mr. Dickinson: 

Enclosed please find a copy of your final MEPDES permit/WDL which was approved by the Department of 

Environmental Protection. Please read the permit and its attached conditions carefully. You must follow the 

conditions in the order to satisfy the requirements of law. Any discharge not receiving adequate treatment is 

in violation of State Law and is subject to enforcement action. 

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

may appeal the decision following the procedures described in the attached DEP FACT SHEET entitled 

"Appealing a Commissioner's Licensing Decision." 

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

Sincerely, 

Gregg Wood 

Division of Water Quality Management 

Bureau of Land and Water Quality 

Enc. 

cc: Sean Bernard, DEP/NMRO 

Brenda Commander, Houlton Band of Maliseets 

Sandy Mojica, USEPA 

AUGUSTA 

17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE 

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

(207) 287-3901 FAX (207) 287-3435 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 

RAY BLDG., HOSPITAL Sr. (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-6477 FAX: (207) 7644507 

web site: ro,vw.maine.govidep 
STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

17 STATE HOUSE STATION 

AUGUSTA, ME 04333 

DEPARTMENT ORDER 

IN THE MATTER OF 

TATE & LYLE INGREDIENTS AMERICAS LLC 

HOULTON, AROOSTOOK COUNTY, MAINE 

STARCH PROCESSING FACILITY 

ME0002216 

W000940-5N-I-R APPROVAL 

) MAINE POLLUTANT DISCHARGE 

) ELIMINATION SYSTEM PERMIT 

AND 

) WASTE DISCHARGE LICENSE 

RENEWAL 

Pursuant to the provisions of the Federal Water Pollution Control Act, Title 33 USC, §1251, 

Conditions of licenses, 38 M.R.S A. § 414-A, and applicable regulations, the Maine Department of 

Environmental Protection (Department hereinafter) has considered the application of TATE & LYLE 

INGREDIENTS AMERICAS LLC (Tate & Lyle/permittee hereinafter), with its supportive data, 

agency review comments, and other related materials on file and FINDS THE FOLLOWING FACTS: 

APPLICATION SUMMARY 

Tate & Lyle has submitted a timely and complete application to the Department for the renewal of 

combination Maine Pollutant Discharge Elimination System (MEPDES) permit #ME002216/ Maine 

Waste Discharge License (WDL) #W000940-5N-E-R (permit hereinafter) which was issued by the 

Department on June 17, 2008, for a five-year term. The 6/17/08 permit authorized the discharge of: (1) 

0.04 million gallons per day (MGD) of boiler blowdown and process waste waters to the Meduxnekeag 

River, Class B, via Outfall #001; (2) 0.05 MGD of non-contact cooling waters to the Meduxnekeag 

River, Class B, via Outfall #002; and (3) non-contact cooling water and boiler blowdown and process 

waste waters to ground water, Class GW-A, via a surface wastewater disposal system (spray irrigation) 

at a weekly average rate of up to 40,728 gallons per acre per week and a daily maximum rate of up to 

20,362 gallons per acre per day. All discharges are located in Houlton, Maine. Tate & Lyle has 

applied for authorization to spray irrigate non-contact cooling waters and boiler blowdown/process 

waste waters via the spray irrigation system. 

On December 29, 2008, the Department issued a minor revision to the 6/17/08 permit that changed the 

numeric limits for sodium and sulfate to "report" only. Another minor revision to the 6/17/08 permit 

was issued on December 8, 2009, that served to further clarify the applicability of certain effluent 

limitations, monitoring requirements and discharge restrictions in Special Condition A of said permit. 

One additional minor revision to the 6/17/08 permit was issued on February 6, 2012, that reduced the 

monitoring frequency for mercury from 4/Year to 1/Year based on a revised statute found at Maine law 

38 M.R.S.A., §420, sub-¶F. 
ME0002216 PERMIT Page 2 of 23 

W000940-5N-I-R 

PERMIT SUMMARY 

This permitting action is carrying forward all the terms and conditions of the 6/17/13, 12/29/08, 

12/8/09 and 2/6/12 permitting actions except this permit is: 

1. Revising the minimum flow regime in which the facility is authorized to discharge during the 

non-summer months. More specifically, this permit limits the discharge to times when the 

receiving water is >15 cfs rather than authorizing the discharges at 7Q10 (3.1 efs). 

2. Increasing the acute, chronic and harmonic mean dilution factors associated with the minimum 

receiving water flow of 15 cfs. 

3. Establishing a new flow regime and corresponding effluent limitations associated with a 

minimum receiving water flow of 50 cfs. 

4. Waiving surveillance level whole effluent toxicity (WET) and analytical chemistry test during 

the first three and fifth years of the term of the permit given the facility is now categorized as a 

Level III facility rather than a Level II facility pursuant to 06-096 CMR Chapter 530, Surface 

Water Toxics Control Program. 

5. Reducing the number of ground water monitoring wells from 12 wells to 6 wells and reducing 

the monitoring frequency from 3/Year to 2/Year given the extensive history of ground water 

monitoring of the site. 
ME0002216 PERMIT Page 3 of 23 

W000940-5N-I-R 

CONCLUSIONS 

BASED on the findings in the attached Fact Sheet dated August 9, 2013, 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, Classification of Maine waters, 38 M.R.S.A. 

§ 464(4)(F), will be met, in that: 

(a) Existing in-stream water uses and the level of water quality necessary to protect and maintain 

those existing uses will be maintained and protected; 

(b) Where high quality waters of the State constitute an outstanding natural resource, that water 

quality will be maintained and protected; 

(c) Where the standards of classification of the receiving water body are met or not met, the 

discharge will not cause or contribute to the failure of the water body to meet the standards of 

classification; 

(d) Where the actual quality of any classified receiving water body exceeds the minimum standards 

of the next highest classification that higher water quality will be maintained and protected; and 

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

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

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

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

treatment as defined in 38 M.R.S.A. § 414-A(1)(D). 
ME0002216 PERMIT Page 4 of 23 

W000940-5N-I-R 

ACTION 

THEREFORE, the Department APPROVES the above noted application of TATE & LYLE 

INGREDIENTS AMERICAS LLC to discharge a monthly average of up to 0.12 MGD of boiler 

blowdown and process waste waters and 0.05 MGD of non-contact cooling waters to the 

Meduxnekeag River, Class B, and to operate a surface wastewater disposal system that uses spray 

irrigation to discharge a weekly maximum of up to 40,728 gallons per acre per week of boiler 

blowdown and process waste waters or non-contact cooling waters during the period of 

May 15 — November 15 of each year, depending on weather and site conditions, to the soil above 

ground water resources of the State, Class GW-A, SUBJECT TO THE ATTACHED CONDITIONS, 

and all applicable standards and regulations including: 

Maine Pollutant Discharge Elimination System Permit Standard Conditions Applicable To All 

Permits, revised July 1, 2002, copy attached. 

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

3. This permit becomes effective upon the date of signature below and expires at midnight five (5) 

after that date. If a renewal application is timely submitted and accepted as complete for 

processing prior to the expiration of the this permit, the terms and conditions of this permit and all 

subsequent 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 ofApplications and Other Administrative 

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

DONE AND DATED AT AUGUSTA, MAINE, THIS 2.614ThAY OF 1 2013. 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BY: 

Patric a W, Aho, ommissioner 

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES 

Date of initial receipt of application: March 19, 2013 

Date of application acceptance: March 25, 2013 

Filed 

DEC 2 0 2013 

State of Maine 

Board of Environmental Protection 

Date filed with Board of Environmental Protection: 

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

ME0002216 2013 12/20/13 
ME0002216 PERMIT Page 5 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

1. The permittee is authorized to discharge boiler blowdown and process waste waters via Outfall #00IA to the Meduxnekeag River at 

times when the river flow is > 15 cfs. Such discharges shall be limited and monitored by the permittee as specified below('): The italicized 

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

Discharge Monitoring Reports. 

Effluent Characteristic Effluent Limitations Minimum Monitoring 

Requirements 

Monthly 

Average 

Daily 

Maximum 

Monthly 

Average 

Daily 

Nlinim UM 

Daily 

Maximum 

Measurement 

Frequency 

Sample 

Tyne 

1500501 

Flow gpd 

071 

Report gpd 

1071 

Continuous 

199,991 

Recorder 

/RC/ 

BOD5 

54 lbs/day 

75 lbs/day 

1261 

67 lbs/day 

134 lbs/day 

1261 

243 mg/L 

338 mg/i.,___ 

1191 

-- 300 mg/L 

599 mg/L 

1191 

]/Week 

lAVeek 

101/071 

24-Hr. 

Composite /24] 

(June 1 — Sept 30) 

(October 1 — May 31) 

1003101 

TSS 

1005301 

63 lbs/day 

/26] 

126 lbs/day 

1261 

284 mg/L 

/191 

567 mg/L 

1191 

]/Week 

101,071 

24-11r. 

COMpOSite1241 

24-11r. 

Composite 1241 

Measure 

1AiS1 

Total Phosphorous(2) 0.17 lbs/day 

1261 

Report lbsiday 

1261 

0.5 mg/L 

1191 

Report mg/L 

1191 

2AVeek 

(June 1— Sept 15) 100665/ 102071 

Riyer Flow-0)1000601 Report cfs 

1031 

15 cfs 

1S/ 

Report cfs 

081 

1/Day 

106 011 

Dissolved Oxygen(4) 7 PPM 

1201 

1/Day 

101,011 

Grab 

(June 1—Sept 15) 1003001 10R1 

Dissolved Oxygen(4) 7.3 PPM 

1201 

1/Day 

106011 

Grab 

(June 1 —Sept 15) 1003001 [OR] 

[mom 

Temperature ___ ___ ___ 

1041 

___ 

1/Day 

[06011 

Grab 

TGRJ 

Mercury (Total) (5) pi Kw --- --- 16.5 ng/L 

f3M1 

--- 24.8 ng/L 

13M) 

1/Year 

106161 

Grab 

[OR] 

1004001 

PH 6.0-9.0 SU 

1121 

1/Day 

106011 

Grab 

[GR] 

FOOTNOTES: See pages 12-17 of this permit for the applicable footnotes. 
ME0002216 PERMIT Page 6 of 23 

W000940-5N-1-R 

SPECIAL CONDITIONS 

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

2. The permittee is authorized to discharge boiler blowdown and process waste waters via 0 utfall #001A to the Meduxnekeag 

River at times when the river flow is > 50 cfs. Such discharges shall be limited and monitored by the permittee as specified 

below(1): 

Effluent Characteristic Effluent Limitations 

Minimum Monitoring 

Requirem ents 

Monthly 

Ayeraae 

Daily 

Maximum 

Monthly 

Average 

Daily 

Minimum 

Daily 

Maximum 

Measurement 

Frequency 

Sample 

Tyne 

1500501 

Flow 120,000 gpd 

1071 

Report gpd 

1071 

Continuous 

199991 

Recorder 

[RC] 

BOD5 

108 lbs/day 

150 lbs/day 

1261 

134 lbs/day 

268 lbs/day 

1261 

243 mg/L 

338 mg/L 

1191 

--- 

--- 

300 mg/L 

599 mg/L 

1191 

1/Week 

1/Week 

102,071 

24-Hr. 

Composite /241 

(June 1—Sept 30) 

(October 1— May 31) 

1003101 

TSS 

1005301 

126 lbs/day 

1261 

252 lbs/day 

1261 

284 mg/L 

1191 

_ 

567 mg/L 

[191 

lAVeek 

01,071 

24-Hr. 

Composite /241 

Total Phosphorous(2) 0.34 lbs/day 

1261 

Report lbs/day 

1261 

0.5 mg/L 

[191 

Report mg/L 

1191 

lAVeek 

102,071 

24-Hr. 

Composite iv] (June 1--Sept 15) 1006651 

[000601 

River Flow(3)Report 

___ ___ 

cfs 

1631 

50 cfs 

1081 

Report cfs 

[081 

1/Day 

101,011 

Measure 

AM 

Dissolved Oxygen(4)Report 

. 

PPM 

1201 

1/Day 

101,011 

Grab 

TON (June 1 —Sept 15)100300/ 

Dissolved Oxygen(4)Report PPM 

1201 

1/Day 

101,011 

rab 

[GM (June 1— Sept 15) 1003001 

1000111 

Temperature 

.. ... ___ 

1041 

1/Day 

101,011 

Grab 

[GR1 

Mercury (Total) (5) limy --- --- 16.5 ng/L 

!3M1 

--- 24.8 ng/L 

PR 

1/Year 

(00061 

Grab 

[GAT 

PH . 

1004001 

- 

6.0.9.0 SU 

1121 

1/Day 

101,011 

Grab 

[GE] 

FOOTNOTES: See Pages 12-17 of this permit for the app icable footnotes. 
ME0002216 PERMIT Page 7 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

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

3. Whole effluent toxicity, analytical chemistry and priority pollutant testing requirements for Outfall #00IA(1). 

SCREENING LEVEL - Beginning 24 months prior to permit expiration and lasting through 12 months prior to permit expiration (Year 4 of 

the permit) and every five years thereafter if a timely request for renewal has been made and the permit continues in force, or is replaced by a 

permit renewal containing this requirement. 

Effluent Characteristic Effluent Limitations Minimum Monitoring Requirements 

Monthly 

Average 

Daily 

Maximum 

Monthly 

Average 

Daily 

Maximum 

Measurement 

Frequency 

Sample 

Tyne 

Whole Effluent Toxicity (6) 

Acute-- NOEL 

--- 

--- 

--- 

--- 

— 

--- 

"' 

--- 

--- 

--- 

--- 

--- 

Report %[231 

Report %1231 

Report % [231 

Report % 123/ 

llYear[01/110 

UN/Cal-1614RJ 

11Yeariorm 

I/Year/ohm 

Composite [NJ 

Composite 1241 

Composite 1241 

Composite 124/ 

Ceriodaphnia dubia (Water flea) f7DA38] 

Salvelinus tontines (Brook trout) f7DA6F1 

Chronic — NOEL 

Ceriodaphnia dubia (Water flea)1713P3Bj 

SaNelinus fontinalis (Brook trout) [77306F1 

Analytical Chemistry CM /514771 --- 

--- --- Report ug/L 1231 I/Quarter [awl Composite/Grab 124] 

Priority Pollutant (8.9)/soom --- --- --- Report ug/L [227 1/Year 101,1`R1 Composite/Grab 1241 

FOOTNOTES: See Pages 12-17 of this permit for applicable footnotes. 
MF0002216 PERMIT 

W000940-5N-I-R 

SPECIAL CONDITIONS 

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

4. The permit-tee is authorized to discharge non-contact cooling waters via Outfall 11002A to the Meduxnekeag River. Such 

discharges shall be limited and monitored by the permittee as specified belowri 

Effluent Effluent Limitations Characteristic 

Minimum Monitoring 

Requirements 

Monthly 

Average 

Daily 

Maximum 

Monthly 

Average 

Daily 

Maximum 

Measurement 

Frequency 

Sample 

Type 

Flow 

1500501 

_ .. 50,000 gpd 

[071 

Report gpd 

[071 

Continuous 

199/991 

Recorder 

[RC1 

Temperature _-- 

[000111 

--- 30°C 

[NI 

1/Day 

[01011 

Grab 

[GM 

[004001 

pH ...... .... .. _ 6.0-9.0 SU 

1.121 

I/Day 

[01,011 

Grab 

[GA, 

The italicized numeric values bracketed in the table and in subsequent text arc code numbers that Departmen personnel utilize to code the monthly Discharge 

Monitoring Reports. 

FOOTNOTES: See Pages 12-17 of this permit for the applicable footnotes. 

Page 8 of 23 
ME0002216 PERMIT Page 9 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

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

5. The permittee is authorized to discharge boiler blowdown and process waste waters during May 15 through November 15 via 

Outfall #003A through spray irrigation('0). Such discharges shall be limited and monitored by the permittee as specified belowrn: 

Monitoring Characteristic Monitoring Requirements Minimum Monitoring Requirements 

Monthly 

Average 

Daily 

Maximum 

Measurement 

Frequency 

Sample 

Tune 

Flow 

1500501 

- 

Report gpd 

1071 

Daily When 

Discharging 

1F11-PDS1 

Calculate 

]CA] 

BOD5 

1003101 

Report mg/L 

1191 

I./Montt- (11) 

macy 

8-Hr. Composite(I2) 

fon 

Nitrate-Nitrogen (NO3) _ 

1006201 

_ Report mg/L 

1191 

1/Month(11) 

101/301 

8-Hr. Composite(12) 

1031 

Total Ammonia Nitrogen (as N) 

[00616] 

Report mg/L 

1191 

l/Month(11) 

101/361 

8-11r. Composite(12) 

1081 

Total Kjeldahl Nitrogen 

1004251 

...... Report mg/L 

1191 

l/Month(11) 

101/301 

8-Hr. Composite(I2) 

[051 

Sodium (Total, as Na)

1009291 — 

Report mg/L 

1191 

I /Month0I1) 

[01/301 

8-Hr. Composite02) 

[081 

Sulfate (504) 

1009451 

--- 

Report mg/L 

1191 

I /Month(11) 

101/301 

8-Hr. Composite(I2) 

PSI 

PH 

(00100] 

6.0-9.0 SU 

1121 

1/Month(I1) 

101/30/ 

Grab 

[GR] 

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

Monitoring Reports. 

FOOTNOTES: See Pages 12-17 of this permit for the applicable footnotes. 
ME0002216 PERMIT Page 10 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (coned) 

6. The permittee is authorized to operate a surface wastewater treatment and disposal system for boiler blowdown and process waste 

waters from May 15 through November 15. Application of waste waters to SPRAY IRRIGATION FIELD (SF-1) shall be 

limited and monitored as specified below(1): 

Effluent Characteristic Effluent Limitations Minimum Monitoring Requirements 

Monthly 

Total 

Weekly 

Maximum 

Daily 

Maximum 

Measurement 

Frequency 

Sample 

ly' pl 

1511231 

Application Rate (Weekly) ___ 40,728 gal/acre/week(13) 

M11] 

___ 1/Week 

1014071 

Calculate 

(CAI 

151124] 

Application Rate (Daily) 20,362 gal/acre/day(33) 

18111 

1/Day 

101,011 

Calculate 

]CA] 

Flow—Total Gallons 

1515001 _ 1571 

Report (Gallons) 1/Month 

101/30] 

Calculate 

[CA] 

7. The permittee is authorized to operate a surface wastewater treatment and disposal system for non-contact cooling waters from 

May 15 through November 15. The SPRAY IRRIGATION FIELD (SF-2) shall be limited and monitored as specified below(i): 

Effluent Characteristic Effluent Limitations Minimum Monitoring Requirements 

Monthly 

Total 

Weekly 

Maximum 

Daily 

Maximum 

Measurement 

Frequency 

Sample 

Type 

Application Rate (Weekly) 

1012871 

40,728 gal/acre/week(13) 

MAI 

1/Week 

101,011 

Calculate 

[CA] 

Application Rate (Daily) ___ 

101284] 

___ 20,362 gal/acre/day(13) 

1811] 

1/Day 

101,01] 

Calculate 

1CA1 

Flow — Total Gallons 

1022201 

Report (Gallons) ___ 

1801 

___ 1/Month 

101/301 

Calculate 

IVA] 

The italicized numeric values bracketed in the table and in subsequent text are code numbers that Deparunent personnel utilize to code the monthly Discharge Monitoring Reports. 

FOOTNOTES: See Pages 12-17 of this permit for the applicable footnotes. 
ME0002216 PERMIT Page 11 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

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

8. The permittee shall monitor the ground water conditions in GROUND WATER MONITORING WELLS MW-1, MW-3A, MW-3B, 

MW-5B,TW-5 and TW-6 as specified below(1): 

Effluent Characteristic Effluent Limitations Minimum Monitoring Requirements 

Monthly 

Average 

Daily 

Maximum 

Measurement 

Frequency 

Sample 

Type 

Nitrate-Nitrogen (NO3) 

[606201 

___ 10 mg/L(16) 

[NI 

2/year{14) 

O2YR1 

Grab 

[Gly 

Total Ammonia Nitrogen (as N) 

[006107 

Report mg/L 

1191 

2/year114) 

[02,YRj 

Grab 

[GIV 

Total Kjeldahl Nitrogen (TKN) ___ 

[00025/ 

Report mg/L 

1191 

2/year(14) 

102111q 

Grab 

[4311I 

Specific Conductance _ 

1000951 

_ Report umhos/cm(15) 

1111 

2/year0.0 

[02YR,1 

Grab 

IGRI 

Sodium (Total, as Na) 

[009291 

Report mg/L(16) 

[19/ 

2/year(r4) 

[OMR' 

Grab 

[GRJ 

Sulfate (SO4)___ 

[00945/ 

Report mg/L(") 

1191 

2/year(14) 

tOPYR 

Grab 

ION 

Temperature (°F) 

/00011/ 

.... Report °F(153 

1151 

2/year(14) 

102/Y11/ 

Grab 

[GM 

pH (Standard Units) 

[604001 

6.0 — 9.0 SU(15) 

/121 

2/year(14) 

[02,YRJ 

Grab 

IrG1V 

The italicized numeric values bracketed .11 the table and in subsequent text are code numbers that Department personnel utilize to code the monthly Discharge Monitoring 

Reports. 

FOOTNOTES: See Pages 12-17 of this permit for the applicable footnotes. 
ME0002216 PERMIT Page 12 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

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

FOOTNOTES: 

Sampling — 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. 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 in-house 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. 

2. Total Phosphorus — Total phosphorus monitoring shall be performed in accordance with 

Attachment B of this permit entitled, Protocol For Total P Sample Collection and Analysis for 

Waste Water and Receiving Water Monitoring Required by Permits, June 2007 unless 

otherwise specified by the Department. 

3. River Flow Monitoring — The permittee shall monitor and record flow in the Meduxnekeag 

River each day when Tate & Lyle discharges or intends to discharge via Outfall #001A. The 

permittee is not authorized to discharge via Outfall #001A when the flow in the 

Meduxnekeag River at Outfall #001A is less than 15 cubic feet per second (cfs) at the 

permittee's river flow gauge located in the immediate vicinity of Outfall 11001A, unless 

otherwise restricted through modification of this permit based on new information. The 

permittee shall submit a monthly average value, along with a monthly maximum and minimum 

value on the Discharge Monitoring Report, expressed as cfs. The river flow gauge shall be 

calibrated at least once annually and calibration records shall be retained for Department 

inspection for a period of at least three years. 
ME0002216 PERMIT Page 13 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

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

FOOTNOTES: 

4. Ambient Dissolved Oxygen Monitoring — The permittee shall monitor and record in-stream 

dissolved oxygen (DO) concentrations daily during the period of June 1 through September 15 

when Tate & Lyle discharges or intends to discharge via Outfall #1001A. The first DO 

monitoring site is located at the Cary's Mills Bridge upriver of the confluence of the main stein 

of the Meduxnekeag and its South Branch. The second DO monitoring site is located 

immediately upriver of the Houlton publicly owned wastewater treatment works (POTW) 

outfalls. Sampling for dissolved oxygen shall begin within 1,4 hour of sunrise, provided 

there is enough light to safely sample, and no later than 2.0 hours after sunrise. 

The permittee is not authorized to discharge via Outfall 14001A when DO concentrations 

fall below 7 ppm at the Cary's Mills Bridge monitoring site or below 7.3 ppm at the 

Houlton POTW monitoring site during the period of June 1 through September 15, unless 

otherwise specified through modification of this permit based on new information. 

5. Mercury — The permittee shall conduct all mercury sampling required by this permit or 

required to determine compliance with interim limitations established pursuant to 06-096 

CMR 519 in accordance with the USEPA's "clean sampling techniques" found in USEPA 

Method 1669, Sampling Ambient Water For Trace Metals At EPA Water Quality Criteria 

Levels, All mercury analysis shall be conducted in accordance with USEPA Method 1631, 

Determination of Mercury in Water• by Oxidation, Purge and Trap, and Cold Vapor 

Fluorescence Spectrometry. See Attachment C for a Department report form for mercury test 

results. Compliance with the monthly average limitation established in Special Condition A of 

this permit will be based on the cumulative arithmetic mean of all mercury tests results that 

were conducted utilizing sampling Methods 1669 and analysis Method 1631E on file with the 

Department for this facility. 

6. Whole effluent toxicity (WET) testing — Definitive WET testing is a multi-concentration 

testing event [a minimum of five dilutions bracketing the applicable critical acute and chronic 

thresholds of 0.6%], which provides an 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. The critical 

acute and chronic thresholds were derived as the mathematical inverse of the applicable acute 

and chronic dilution factor of 163:1 for Outfall #001A. 
ME0002216 PERMIT Page 14 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

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

FOOTNOTES: 

a. Surveillance level testing — Pursuant to 06-096 CMR Chapter 530 §(2)(d)(3)(b), 

surveillance level testing is waived. 

b. Screening level testing — Beginning 24 months prior to permit expiration and lasting 

through 12 months prior to permit expiration (Year 4 of the permit) and every five years 

thereafter if a timely request for renewal has been made and the permit continues in force, 

or is replaced by a permit renewal containing this requirement, the permittee shall conduct 

screening level WET testing at a minimum frequency of once per year for 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 of their availability before submitting 

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

possible exceedences of the applicable critical acute and chronic water quality thresholds of 

0.6%. 

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

The laboratory must follow procedures as described in the following USEPA methods manuals. 

1, 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. 

2. 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. 

Results of WET tests shall be reported on the "Whole Effluent Toxicity Report — Fresh 

Waters" form included as Attachment D of this permit each time a WET test is performed. 

The permittee is required to analyze the effluent for the analytical chemistry parameters 

specified on the "WET and Chemical Specific Data Report Form" form included as 

Attachment A of this permit each time a WET test is performed. 
ME0002216 PERMIT Page 15 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

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

FOOTNOTES: 

7. Analytical chemistry — Refers to a suite of chemicals in Attachment A of this permit. 

a. Surveillance level testing — Pursuant to 06-096 CMR Chapter 530 §(2)(d)(3)(b), 

surveillance level testing is waived. 

b. Screening level testing — Beginning 24 months prior to permit expiration and lasting 

through 12 months prior to permit expiration (Year 4 of the permit) and every five years 

thereafter if a timely request for renewal has been made and the permit continues in force, 

or is replaced by a permit renewal containing this requirement, the permittee shall conduct 

analytical chemistry testing at a minimum frequency of once per calendar quarter for four 

consecutive calendar quarters. 

8. Priority pollutant testing — Refers to a suite of chemicals in Attachment A of this permit. 

a. Surveillance level - Testing is not required pursuant to 06-096 CMR 530. 

b. Screening level testing — Beginning 24 months prior to permit expiration and lasting 

through 12 months prior to permit expiration (Year 4 of the permit) and every five years 

thereafter if a timely request for renewal has been made and the permit continues in force, 

or is replaced by a permit renewal containing this requirement, the permittee shall conduct 

screening level priority pollutant testing at a minimum frequency of once per year. 

9. 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. See Attachment A of this permit for a list 

of the Department's reporting levels (RLs) of detection. All test results, even those detected 

below the Department's reporting limit shall be reported to 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 receipt from the laboratory conducting the testing 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 Department rule Chapter 584 Surface Water Quality Criteria for Toxic Pollutants. For the 

purposes of DMR reporting, enter a "1" for m, testing done this monitoring period or "NODI9" monitoring not required this period. 
ME0002216 PERMIT Page 16 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

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

FOOTNOTES: 

10. Spray Irrigation of Boiler Blowdown and Process Waste Waters — Prior to applying boiler 

blowdown and process waste waters via Outfall #003A to spray irrigation field SF-1, the 

permittee shall demonstrate to the Department's satisfaction through ground water monitoring 

results that the ground water levels of sodium, sulfate and nitrate nitrogen are below the 

specified action levels for these pollutants. See footnote #16 of this permit. Spray irrigation 

of blowdown and process waste waters is authorized only following written Department 

approval, and specific approval must be requested for each spray irrigation season. 

11. Monitoring Period for Outfall #003A — The permittee shall monitor for the specified 

parameters during the period of May 15 — November 15 of each year. For months when the 

permittee does not discharge via Outfall #003A during the authorized discharge period, the 

permittee shall enter "NODI-9" on the monthly DMR. 

12. Composite Samples — Composite samples shall consist of four grab samples collected two 

hours apart during an eight-hour period in which wastewater is discharged via Outfall #003A. 

13. Weekly Maximum for Spray Irrigation "Weekly" is defined as Sunday through Saturday. 

A field's daily or weekly application rate is the total gallons sprayed over the applicable period 

of time divided by the size of the area of the field(s) utilized. Note: 27,152 gallons is 

equivalent to one acre-inch. The permittee shall measure the flow of waste water to the 

irrigation area by the use of a flow measuring device that is checked for calibration at least 

once per calendar year. For Discharge Monitoring Report (DMR) reporting purposes, the 

permittee shall report the highest weekly and daily application rates for the month in the 

applicable boxes on the form. Compliance with weekly reporting requirements must be 

reported for the month in which the calendar week ends. It is noted that SF-1 and SF-2 are the 

same spray irrigation field. The Department has assigned separate identification numbers to 

differentiate between the spray application of boiler blowdown and process waste waters (SF-1) 

and non-contact cooling waters (SF-2). 

14. Ground Water Monitoring Period — Monitoring wells shall be sampled during the months of 

April and August of each year, unless otherwise specified by the Department. 

15. Field Measurements — Specific conductance (calibrated to 25.0° C), temperature, and pH are 

considered to be "field" parameters, and are to be measured in the field via instrumentation. 

The permittee is required to test for these parameters whether waste water was disposed of via 

the spray-irrigation system or not. 
ME0002216 PERMIT Page 17 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (coed) 

FOOTNOTES: 

16, Sodium, Sulfate, and Nitrate-Nitrogen Action Levels for Ground Water Monitoring —

Actions levels for sodium, sulfate and nitrate-nitrogen of 120 mg/L, 250 mg/L, and 10 mg/L, 

respectively, are in effect through the term of this permit. If ground water monitoring well 

samples indicate levels above any action level, the permittee shall immediately cease the spray 

irrigation of boiler blowdown and process waste waters on any areas up-gradient of the 

monitoring well(s) demonstrating the elevated level(s), until such time that ground water 

monitoring indicates that levels have fallen below the respective action levels. In addition, 

within 60 days of the occurrence(s), the permittee shall provide a report to the Department 

documenting the occurrence(s), addressing the cause(s) of the occurrence(s), and a course of 

action and implementation schedule for resolving the cause(s). This discharge restriction does 

not apply to the spray irrigation of non-contact cooling waters (SF-2). 

B. NARRATIVE EFFLUENT LIMITATIONS 

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

would impair the usages designated for the classification of the receiving waters. 

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

or toxic to aquatic life, or which would impair the usages designated for the classification of the 

receiving waters. 

3. The discharge shall not cause visible discoloration or turbidity in the receiving waters, which 

would impair the usages designated for the classification of the receiving waters. 

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

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

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

C. TREATMENT PLANT OPERATOR 

The treatment facility must be operated by a person holding a minimum of a Grade IIIB certificate 

(or Registered Maine Professional Engineer) pursuant to Sewerage Treatment Operators, 

32 M.R.S.A. §§ 4171-4182 and Regulations for Wastewater• Operator Certification, 06-096 CMR 

531 (effective May 8, 2006). All proposed contracts for facility operation by any person must be 

approved by the Department before the permittee may engage the services of the contract operator. 
ME0002216 PERMIT Page 18 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

D. AUTHORIZED DISCHARGES 

The permittee is authorized to discharge only: 1) in accordance with the permittee's General 

Application for Waste Discharge License, accepted for processing on March 25, 2013; 2) in 

accordance with the terms and conditions of this permit; and 3) via Outfall #001A, #002A, and to 

the spray irrigation disposal field identified in the Waste Discharge Permit application [boiler 

blowdown and process waste waters to SF-1 via Outfall #003A following written Department 

approval for each spray season and non-contact cooling waters to SF-2]. Discharges of wastewater 

from any other point source are not authorized under this permit, and shall be reported in 

accordance with Standard Condition B(5), Bypasses, of this permit. 

E. NOTIFICATION REQUIREMENT 

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

1. Any substantial change in the volume or character of pollutants being introduced into the 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. GENERAL OPERATIONAL CONSTRAINTS 

1 All waste waters (except non-contact cooling waters) shall receive biological treatment through 

a properly designed, operated and maintained treatment system prior to disposal via spray 

irrigation. 

2. The spray irrigation facilities shall be effectively maintained and operated at all times so that 

there is no discharge to surface waters (resulting from spray irrigation activities), nor any 

contamination of ground water which will render it unsatisfactory for usage as a public 

drinking water supply. 

3. The surface waste water disposal system shall not cause the lowering of the quality of the 

ground water, as measured in the ground water monitoring wells specified by this license, 

below the State Primary and Secondary Drinking Water Standards specified in the Maine State 

Drinking Water Regulations pursuant to 22 M.R.S.A. § 2601. 

4, In the event the ground water monitoring results indicate adverse effects, the permittee may be 

required to take immediate remedial action(s), which may include but are not limited to, 

adjustment of the irrigation schedule or application rates, a reduction of the pollutant loading, or 

ceasing operation of the system until the ground water attains applicable standards. 
ME0002216 PERMIT Page 19 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

F. GENERAL OPERATIONAL CONSTRAINTS (cont'd) 

5. The permittee shall maintain a file on the location of all system components and relevant features. 

Each component shall be mapped and field located sufficiently to allow adequate inspections and 

monitoring by both the licensee and the Department. 

6. System components including collection pipes, tanks, manholes, pumps, pumping stations, 

spray disposal fields, and monitoring wells shall be identified and referenced by a unique 

system identifier in all logs and reports. 

7. 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. Within one hour 

after start-up of the spray-irrigation system, the permittee shall inspect the spray-irrigation 

site or have other means to check the system for leakage in the piping system and determine if 

individual sprayheads and pump(s) are functioning as designed, and verify that application 

rates are appropriate for the existing site conditions. The procedures used to determine the 

system is functioning as designed shall be described in the facility's Operations and 

Maintenance (O&M) manual. See Special Condition J of this permit. Should significant 

malfunctions or leaks be detected, the permittee must shut down the malfunctioning/leaking 

sections of the spray system and make necessary repairs before resuming operation. The 

permittee shall cease irrigation if runoff is observed outside the designated boundaries of the 

spray field(s). The permittee should field calibrate equipment to ensure proper and uniform 

spray applications when operating. Calibration involves collecting and measuring application 

rates at different locations within the application area. Spray nozzles should be calibrated 

annually in order to assure proper spray irrigation rates. A description of the calibration 

procedures and a log sheet that has been used for recording calibration results shall be included 

as part of the Operations & Maintenance manual. 

8. The permittee shall maintain a daily log of all spray irrigation activities which records the date, 

weather, rainfall, areas irrigated, volume sprayed (gallons), application rates (daily and weekly), 

and other relevant observations/comments from daily inspections. The log shall be in accordance 

with the general format of the "Monthly Operations Log" provided as Attachment E of this 

license, or other similar format approved by the Department. Weekly application rates shall be 

reported in accordance with the general format of the "Spray Application Report by Week" 

provided as Attachment F of this license or other format as approved by the Department. The 

Monthly Operations Log, and Spray Application Report by Week, for each month shall be 

submitted to the Department as an attachment to the monthly Discharge Monitoring Reports 

(DMRs) in a format approved by the Department. Copies will also be maintained on site for 

Department review and for license operation maintenance purposes. 
ME0002216 PERMIT Page 20 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

G. SPRAY IRRIGATION OPERATIONAL CONSTRAINTS, LOGS AND REPORTS 

1. Suitable vegetative cover shall be maintained. Waste water (as liquid spray irrigation) shall not 

be applied to areas without sufficient vegetation or ground cover as to prevent erosion or 

surface water runoff outside the designated boundaries of the spray fields. The permittee shall 

have an updated facilities management plan that includes provisions for maintaining the spray 

irrigation area in optimum condition for the uptake of nutrients and moisture holding capacity. 

2. At least 10 inches of separation from the ground surface to the ground water table shall be present 

prior to spray irrigation. 

3. No waste water shall be spray irrigated as liquid following a rainfall accumulation exceeding 

1.0 inch within the previous 24-hour period. A rain gauge shall be located on site to monitor 

daily precipitation. The permittee shall also manage application rates by taking into 

consideration the forecast for rain events in the 48-hour period in the future. 

4. No waste water shall be applied as spray irrigation (liquid) where there is snow present on the 

surface of the ground or when there is any evidence of frost or frozen ground within the upper 

10 inches of the soil profile. 

5. No traffic or equipment shall be allowed in the spray-irrigation field area except where 

installation occurs or where normal operations and maintenance are performed. 

6. Prior to the commencement of spray irrigation for the season, the permittee shall notify the 

Department's compliance inspector that they have verified that soil conditions are appropriate 

(absence of frozen ground, soil conditions, moisture, etc.) for spray irrigation. 

7. The permittee shall install the equivalent of one ground water level inspection well per spray 

field to verify that 10 inches of separation from the ground surface to the observed ground 

water level is present prior to spraying. Depths to ground water shall be recorded in 

accordance with the general format of "Monthly Operations Log" provided as Attachment E 

of this license or other format as approved by the Department. 

H. VEGETATION MANAGEMENT 

1. The permittee shall remove grasses and other vegetation, such as shrubs and trees, if necessary 

so as not to impair the operation of the spray-irrigation system, ensure uniform distribution of 

waste water over the desired application area and to optimize nutrient uptake and removal. 

2. The vegetative buffer zones along the perimeter of the site shall be maintained to maximize 

vegetation and forest canopy density in order to minimize off-site drift of spray. 
ME0002216 PERMIT Page 21 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

I. GROUND WATER MONITORING WELLS AND WATER QUALITY MONITORING 

PLAN DETAILS 

The permittee shall maintain an approved ground water quality monitoring plan prepared by a 

professional qualified in water chemistry. The plan shall include historical current monitoring 

data for each monitoring point, represented in tabular and or graphical form. 

2. All monitoring wells shall be equipped with a cap and lock to limit access and shall be 

maintained in a secured state at all times. The integrity of the monitoring wells shall also be 

verified annually in order to insure representative samples of ground water quality. 

3. The Department reserves the right to require increasing the depth of and/or relocating any of 

the ground water monitoring wells if the well is perennially dry or is determined not to be 

representative of ground water conditions. 

4. Ground water samples shall be obtained using low flow sampling techniques. 

J. OPERATIONS AND MAINTENANCE (O&M) PLAN 

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

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

operate and maintain all facilities and systems of treatment and control (and related appurtenances) 

which are installed or used by the permittee to achieve compliance with the conditions of this 

permit. 

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

upgrades, the permittee shall evaluate and modify the O&M Plan including site plan(s) and 

schematic(s) for the waste water treatment facility to ensure that it is up-to-date. The O&M Plan 

shall be kept on-site at all times and made available to Department and EPA personnel upon 

request. 

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

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

for review and comment. 
ME0002216 PERMIT Page 22 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

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

By December 31 of each calendar year, the permittee shall provide the Department with a 

certification describing any of the following that have occurred since the effective date of this 

permit IICIS Code 753051: See Attachment G of the Fact Sheet for an acceptable certification form 

to satisfy this Special Condition. 

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

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

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

and 

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

that may increase the toxicity of the discharge. 

The Department 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. 

L. 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 

shall be postmarked by the thirteenth (13th) day of the month or hand-delivered to a Department 

Regional Office such that the DMR's are received by the Department by the fifteenth (15th) day of 

the month following the completed reporting period. A signed copy of the DMR and all other 

reports required herein shall be submitted, unless otherwise specified, to the Department's facility 

inspector at: 

Department of Environmental Protection 

Northern Maine Regional Office 

Bureau of Land and Water Quality 

Division of Water Quality Management 

1235 Skyway Park 

Presque Isle, Maine 04769 
ME0002216 PERMIT Page 23 of 23 

W000940-5N-I-R 

SPECIAL CONDITIONS 

L. MONITORING AND REPORTING (cont'd) 

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 15thday of the month following the completed reporting period. Hard 

Copy documentation submitted in support of the eDMR must be mailed on or before the thirteenth 

) 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 15thday of the month following the completed reporting 

period. 

M. REOPENING OF PERMIT FOR MODIFICATION 

Upon evaluation of the tests results in the Special Conditions of this permitting action, new site 

specific information, or any other pertinent test results or information obtained during the term of 

this permit, the Department may, at any time and with notice to the permittee, modify this permit to: 

(1) include effluent limits necessary to control specific pollutants or whole effluent toxicity where 

there is a reasonable potential that the effluent may cause water quality criteria to be exceeded; (2) 

require additional monitoring if results on file are inconclusive; or (3) change monitoring 

requirements or limitations based on new information. 

N. 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 
Lab ID IA 

Lab Contact 

ERROR WARNING? Essential facility FRESH WATER VERSION 

information is missing. Please check 

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

Revised July 2009 Pagel DEPLW 0740432007 

NRWHOLE EFFLUENT Toxierry !.iiebfiliniiii01 `. 1,1,f1NMS aiiiittAIMMEAletifliNg TERINERYUMENNEVAZ 'AISMITO iiinglaMittimfiadiagajt 

Effluent Limits, % WET Possible Exceedence Ci) 

Result.

% Reporting 

Acute Chronic Do not enter % sign Limit Check Acute Chronic 

Trout - Acute 

Trout - Chronic 

Water Flea - Acute 

Water Flea - Chronic 3,,„ ,.„„,„„ ),1 ,nil mintnimil iitiimmi,m, nil 

Mil ttP,I.Voi.'ilii1170!illillillthc}RIO: MS iiTtlo- ppiiiimin WET CHEMISTRY iruirsimillisrve.„7„ FAA:jilogiolutPpha, ii v . 

liripp.: Inpil PI; gl .,N,]1-,.h..,,c), i • 

.PRITTPRitiMID fr,k.tiiiitwiiitimit;itmi IMER'Erigil7i r 7,1MMITt7111ri• ,1 mitrfiArki-pitoomNnnsidgip.mor ..HTTJWIT'afroivr.IN iiilillihiltiTUIPPIilllaril.111t1,,'iliji;btIlalilfq 

gi (S.U.) (9) (8) 

Total Organic Carbon (mg/L) (8) 

Total Solids (rn9/L) 

Total Suspended Solids (mg/L) 

Alkalinite (mg/L) (8) 

Specific Conductance (umhos) 

Total Hardness (mg/L) (8) 

Total Magnesium (mci/L) (8) 

Total Calcium (mg/L.) 

10,11„relir„711011a 01111,11jeggilililk111,11:1T#11:31.116111111.11111171519 

(8) 

: itiiI r sE61,1? utiLinagi likliliffilLrLV11611.1,010 

Possible 

i",r1j4111811121, 11,1,11.4111/70G 

Exceedence (7) 

lq111 1 ANALYTICAL CHEMISTRY (3) 

Effluent Limits, ug/L Reporting 

Also do these tests on the effluent with 

WET. Testing on the receiving water Is 

optional Reporting Umit Acute(61 Chronic Health(6) Limit Check Acute Chronic Health 

TOTAL RESIDUAL CHLORINE (mg/1.) sa) 0.05 NA 

AMMONIA NA 1) 

M ALUMINUM NA (8) 

M ARSENIC 5 (81 

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) 

Receiving 1 Effluent 

Water orConcentration (nit, or 

Ambient noted) 
EN 1 .2-(0)DICHLOROBENZENE 

EN 12-DIPHENYLHYDRAZINE 

EN DIBENZO(A.5-)ANTHRACENE 

BN DIETHYL PHTHALATE 

Revised July 2009 Page 2 DEPLW 0740-B2007 

A 2,4DIMETHYLPHENOL 

A 2,4-DINITROPHENOL 

A 2-CHLOROPH EN 01_ 

A 2-NETROPHENOL 

4,6 DSNITRO-0-CRESOL (2-Methyl-4,6-

A dinitrophenol) 

5 

45 

5 

5 

25 

A 4-NITROPHENOL 20 

P-CHLORO-M-CRESOL (3-methyl-4-

A chlorophenol)+880 5 

A PENTACHLOROPHENOL 20 

A PHENOL 5 

BN 1 ,2.4-TRICHLOROBENZENE 5 

5 

20 

BN 1.3-(M)DICHLOROBENZENE 5 

BN 1,4-(P)D1CHLOROBENZENE 5 

EN 2.4-DINITROTOLUENE 6 

EN 2,6-DINITROTOLUENE 5 

EN 2-CHLORONAPHTHALENE 5 

EN 3.3*-DICHLOROSEtsIZIDINE 16.5 

BN 3,4-BENZO(B)FLUORANTHENE 5 

BN 4-EROMOPHENYLPHENYL ETHER 5 

EN 4-CHLOROPHENYL PHENYL ETHER 5 

EN AGENAPHTHENE 5 

EN ACENAPHTHYLENE 5 

BN ANTHRACENE 5 

BN BENZIDINE 45 

BN BENZO(A)ANTHRACENE 8 

EN BENZO(A)PYRENE 5 

BN SEITZO(G.H.1)PERYLENE 5 

EN BENZO(K)FLUORANTHENE 5 

EN BIS(2-CHLOROETHOXY)METHANE 5 

EN EIS(2-CHLOROErHYL)ETHER 6 

BN EIS(2-CHLOROISOPROPYL)ETHER 

EN 151S(2-ETHYL1

-ilYL)PHTHALATE 

EN BUTYLEENZYL PHTHALATE 

10 

5 

EN CHRYSENE 5 

BN Dl-N-BUTYL PHTHALATE 5 

BN DI-N-()CTYL PHTHALATE 5 

5 

5 

EN D1METHYL PHTHALATE 5 

EN FLUORANTHENE 5 
BN PHENANTHRENE 5 

EN PYRENE 5 

P 4.4*-DDD 0.05 

P 4.4'-DDE 0.05 

P 4,4'-DOT 0.05 

P A-BHC 0.2 

P A-ENDOSULFAN 0.05 

P ALDRIN 0.15 

P B-13HC 0.05 

P 13-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-I3HC 115 

P HEPTACHLOR 0.15 

P HEPTACHLOR EPDXIDE 0.1 

P PCB-1015 03 

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 3.2-TETRACHLOROETHANE 7 

, 

V 1,1.2-TRICHLOROETHANE 5 

V 1.1-DICHLOROETI-lANE 5 

V 

1,1-DICHLOROETHY3_ENE (11-

clichloroethene) 3 

V 13-DICHLOROETHANE 3 

V 1,2-DICHLOROPROPANE -6 

V 

1,2-TRANS-DICHLOROETHYLENE (1,2- 

trans-clichloroethene) 5 

• 

. 

V 

1,3-DICHLOROPROPYLENE (1,3-

dichloropropene) S 

V 2-CHLOROETHYLVINYL ETHER 20 

V ACROLEIN ' NA 

V ACRYLONITRILE NA 

V BENZENE 5 • ... T 

Revised July 2009 Page 3 DEPLW 0740-82007 
V (Perchloroethytene or Tetrachloroethene) 5 

V TOLUENE 5 

V 

TRIOHLOROSTHYLENE 

firichloroethene) a 

V VINYL. HLORIDE 5 

Notes: 

(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 July 2009 Page 4 DEPLW 0740-32007 
ATTACHMENT B 
Protocol for Total Phosphorus Sample Collection and Analysis for Waste 

Water and Receiving Water Monitoring Required by Permits 

Approved Analytical Methods: EPA 365,1 (Rev. 2.0), 365.3, 365.4; SM 4500-P B.5, 4500-P E, 

4500-P .F; ASTM D515-88(A), D515-88(B); USGS1-4600-85,1-4610-91; OMAAOAC 973.55, 

973.56 

Sample Collection: The Maine DEP is requesting that total phosphorus analysis be conducted 

on composite effluent samples, unless a facility's Permit specifically designates grab sampling 

for this parameter. Facilities can use individual collection bottles or a single jug made out of 

glass or polyethylene, Bottles and/or jugs should be cleaned prior to each use with dilute HCL. 

This cleaning should be followed by several rinses with distilled water. Commercially 

purchased, pre-cleaned sample containers are an acceptable alternative, The sampler hoses 

should be cleaned, as needed. 

Sample Preservation: During compositing the sample must be at 0-6 degrees C (without 

freezing). if the sample is being sent to a commercial laboratory or analysis cannot be 

performed the day of collection then the sample must be preserved using H2SO4 to obtain a 

sample pH of <2 su and refrigerated at 0-6 degrees C (without freezing). The holding time for a 

preserved sample is 28 days. 

Note: Ideally, Total P samples are preserved as described above. However, if a facility is using 

a commercial laboratory then that laboratory may choose to add acid to the sample once it 

arrives at the laboratory. The Maine DEP will accept results that use either of these 

preservation methods. 

Laboratory QA/QC: Laboratories must follow the appropriate QA/QC procedures that are 

described in each of the approved methods. 

Sampling QA/QC: If a composite sample is being collected using an automated sampler, then 

once per month run a blank on the composite sampler. Automatically, draw distilled water into 

the sample jug using the sample collection line. Let this water set in the jug for 24 hours and 

then analyze for total phosphorus. Preserve this sample as described above. 

DEP-LW-0844 Compliance & Technical Assist BLWQ Revision (1) June 2007 
ATTACHMENT C 
Sampling Date: 1 I I Sampling time: AM/PM 

mm dd YY 

Sampling Location: 

Weather Conditions: 

Please describe any unusual conditions with the influent or at the facility during or preceding the 

time of sample collection: 

Optional test - not required but recommended where possible to allow for the most meaningful 

evaluation of mercury results: 

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

Composite 

Maine Department of Environmental Protection 

Effluent Mercury Test Report 

Name of Facility: 

Purpose of this test: Initial limit determination 

Compliance monitoring for: year 

Supplemental or extra test 

Federal Permit # ME 

Pipe # 

calendar quarter 

SAMPLE COLLECTION INFORMATION 

ANALYTICAL RESULT FOR EFFLUENT MERCURY 

Name of Laboratory: 

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

Please Enter Effluent Limits for your facility 

Effluent Limits: Average = ng/L Maximum = ng/L 

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. 

By: 

Title: 

Date: 

PLEASE MAIL THIS FORM TO YOUR ASSIGNED INSPECTOR 

DEPLW 0112-B2007, Revised July 2009 Printed 7/14/2009 
ATTACHMENT D 
.:.,' ri:vorigivsj, 1 . , :.hwI1fc..!,114;,::c.iW,:il,f,- 

% survival 

.!.- - 

no. young 

-i• IS- ?4:4i--3;;jiVg !t!j.,,F-!)!!:.9;:PA1,3F!.iiNI!::,.i . 

'% survival 

7_7fr'si!,:': ,,. 

final weight (mg) 

A>90 C>80 >15/female A>90 C>80 > 2% increase 

•D' 

QC standard 

lab control 

receiving water control 

conc. I 

conc. 2 ( 

conc. 3 ( 

conc. 4 ( 

conc. 5 ( 

conc. 6 ( 

%) 

%) 

%) 

%) 

%) 

stat test used 

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION 

WHOLE EFFLUENT TOXICITY REPORT 

FRESH WATERS 

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

.°11r0:411:44, 

ditti• fiN,MiArAR 

Da 'C 1:e0 Pi! 

nurt/dd/yy nun/dd/yy 

A-NOEL 

C-NOEL 

water flea trout A-NOEL 

C-NOEL 

place * next to values statistically different from controls 

for trout show final wt and % incr for both controls 

... . .... . 

A-NOEL C-NOEL A-NOEL C-NOEL 

toxicant / date 

limits (mg/L) 

results (mg/L) 

OrinrOtt 

Laboratory conducting test 

COMPalkY Name : colOcif 46. 

..1001•44tnee • t 

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

PLW 0741-B2007, Revised March 2007 Printed 1/2212009 
ATTACHMENT E 
Attachment E 

Monthly Operations Log 

Tate & Lyle (WDL #W000940) (Month/Year) 

Spray Field # Weekly Application Rate: gallons/week 

A B C D E F G 

Date Precipitation 

Previous 

24 hours 

(inches) 

Air Temp 

(°F) 

Weather WindDirection 

Speed 

(mph) 

Depth To GW in 

Observation well 

(inches) 

Total Gallons Pumped 

(gallons) 

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 

26 

27 

28 

29 

30 

31 

Signature of Responsible Official: Date 
ATTACHMENT F 
Attachment F 

Spray Application Report by Week 

Tate & Lyle (WDL #W000940) (Month/Year) 

Spray 

Field # 

Weakly Limit 

(Gallons/Week 

) 

Spray Application Rates 

(Gallons/Week) 

Monthly Total 

Week .1 Week 2 Week 3 Week 4 Week 5 

Signature of Responsible Official: Date 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

AND 

MAINE WASTE DISCHARGE LICENSE 

FACT SHEET 

DATE: August 9, 2013 

MEPDES PERMIT NUMBER: 

WASTE DISCHARGE LICENSE: 

ME0002216 

W000940-5N-I-R 

NAME AND ADDRESS OF APPLICANT: 

TATE & LYLE INGREDIENTS AMERICAS LLC 

2200 East Eldorado Street 

Decatur, Illinois 62525 

COUNTY: Aroostook 

NAME AND ADDRESS WHERE DISCHARGE OCCURS: 

TATE & LYLE INGREDIENTS AMERICAS LLC 

48 Morningstar Road 

Houlton, Maine 04730 

RECEIVING WATER / CLASSIFICATION: Meduxnekeag River / Class B 

Groundwater / Class GW-A 

COGNIZANT OFFICIAL AND TELEPHONE NUMBER: 

Mr. Richard Dickinson 

Director, Environmental Services 

Tel: (217) 421-2152 

e-mail: richard.dickinson cr tateandlyle.com 

ADDITIONAL FACILITY CONTACTS: 

Mr. Lance Horn 

Plant Manager 

(207) 532-9523 

e-mail: lance.kornAtateandlyle.com 

Mr. Brent Cassidy 

Treatment Plant Operator 

(207) 521-1014 

e-mail: brent.cassidvab,tateandlyle.com 
ME0002216 FACT SHEET Page 2 of 37 

W000940-5N-I-R 

1. APPLICATION SUMMARY 

a. Application: Tate & Lyle Ingredients Americas LLC (Tate & Lyle/permittee hereinafter) has 

submitted a timely and complete application to the Department for the renewal of combination 

Maine Pollutant Discharge Elimination System (MEPDES) permit #ME002216/ Maine Waste 

Discharge License (WDL) #W000940-5N-E-R (permit hereinafter) which was issued by the 

Department on June 17, 2008, for a five-year term. The 6/17/08 permit authorized the discharge 

of: (1) 0.04 million gallons per day (MGD) of boiler blowdown and process waste waters to the 

Meduxnekeag River, Class B, via Outfall #001; (2) 0.05 MGD of non-contact cooling waters to 

the Meduxnekeag River, Class B, via Outfall #002; and (3) non-contact cooling waters, boiler 

blowdown and process waste waters to ground water, Class GW-A, via a surface wastewater 

disposal system (spray irrigation) at a weekly average rate of up to 40,728 gallons per acre per 

week and a daily maximum rate of up to 20,362 gallons per acre per day. All discharges are 

located in Houlton, Maine. See Attachment A of this Fact Sheet for a location map. Tate & 

Lyle has applied for authorization to spray irrigate non-contact cooling waters and boiler 

blowdown/process waste waters via the spray irrigation system. 

On December 29, 2008, the Department issued a minor revision to the 6/17/08 permit that 

changed the numeric limits for sodium and sulfate to "report" only. Another minor revision to 

the 6/17/08 permit was issued on December 8, 2009, that served to further clarify the 

applicability of certain effluent limitations, monitoring requirements and discharge restrictions 

in Special Condition A of said permit. One additional minor revision to the 6/17/08 permit was 

issued on February 6, 2012, that reduced the monitoring frequency for mercury from 4/Year to 

1/Year based on a revised statute found at Maine law 38 MR,S.A., §420, 

b. Source Description: The facility utilizes approximately 94,000 GPD of municipal water from 

the Houlton Water Company for use in its manufacturing processes. The facility receives 

tapioca, potato, and corn starches, which it chemically modifies, dewaters, and redries. 

Wastewater is generated during Tate & Lyle's manufacturing process through starch washing, 

clean-outs at the end of batch processing, and through general process losses through 

mechanical seal leakage. 

Sanitary wastewater is disposed of through a subsurface disposal system designed and approved 

in accordance with the Maine Department of Health and Human Services' rules. 

c. Wastewater Treatment: Based on a water balance diagram provided by Tate & Lyle and 

included as Attachment B of this Fact Sheet, the facility generates approximately 37,500 GPD 

of process waste waters and blowdown. Treatment units for this waste stream consist of a 

40,000-gallon capacity primary clarifier, a sludge dewatering centrifuge, a 75,000-gallon 

capacity #1 equalization/pre-aeration tank, a 218,000-gallon capacity #2 equalization/preaeration tank, a 350,000-gallon capacity diffused air activated sludge basin, a 38,000-gallon 

traveling bridge suction clarifier, a 560,000 gallons of sludge storage tank capacity and a new 

enhanced dissolved air flotation unit. Tate & Lyle has a new reed bed system consisting of 

three 5,500 square foot reed beds for sludge treatment. 
ME0002216 FACT SHEET Page 3 of 37 

W000940-5N-I-R 

1. APPLICATION SUMMARY (cont'd) 

Final effluent is conveyed for discharge via Outfall 4001A to the Meduxnekeag River. Outfall 

4001A is a 4-inch HDPE pipe that extends into the river approximately 10 feet. The pipe 

contains eight alternating 3/4" diameter holes to disperse effluent with the receiving water. 

Discharges via Outfall 4001A are prohibited if the river flow is less than 15 cfs at the Tate & 

Lyle outfall or if the dissolved oxygen (DO) concentration is less than 7 ppm at Cary's Mills 

Bridge or 7.3 ppm above the Houlton publicly owned wastewater treatment works (POTW) 

between June l' and September 156of each year. During these conditions, wastewater that 

would be discharged through Outfall 4001A may be disposed of through spray irrigation 

(administrative Outfall 4003A, SF-1) during the period of May 15 through November 15 

provided all other terms and conditions established for spray irrigation are met. See 

Attachment B of this Fact Sheet for a Water Balance of the Waste Water Treatment for the 

facility. 

Tate & Lyle also generates approximately 39,000 GPD of non-contact cooling water in its 

processes, which is discharged to the Meduxnekeag River via Outfall #002A. Outfall #002A is 

an 8-inch diameter pipe that terminates approximately 15 feet above the surface of the river 

(bank discharge). The non-contact cooling water receives no treatment, as it is uncontaminated 

except for heat. This permitting action authorizes the permittee to spray irrigate non-contact 

cooling waters to the spray irrigation field (the same spray irrigation fields as SF-I, disposal of 

non-contact cooling waters via spray irrigation has been assigned a separate identifier of SF-2 

for data management purposes). 

d. Spray Area Site Conditions: In December 1994, Certified Soil Scientist William K. Hersey 

performed a Medium High Intensity Soil Survey on the portion of gently sloping pastureland 

used for spray irrigation on the 100-acre farm site owned by Tate & Lyle. The soils on the 

irrigation site consist of well-drained, Caribou gravelly, sandy loam and moderately welldrained, Conant silt loam soils. Both are till derived and moderately permeable. The Caribou 

soil is deep, with a seasonal high water table of greater than 5 feet. The Lawrence Gough site 

consists of gently sloping pasture land containing well drained Caribou soils and moderately 

well drained Conant soils. 

Based on a November 22, 2002, report by Wright-Pierce on 2002 monitoring well and soil 

sampling results, Tate & Lyle's past spray irrigation practices have resulted in creation of sodic 

soil conditions and a breakdown of soil structure. Further, Tate & Lyle's spray practices have 

caused sodium and sulfate ground water levels on the existing spray site to exceed action levels 

established in this permit. 

e. Surface Wastewater Disposal System: Tate & Lyle utilizes a 1,200-foot retractable spray 

irrigation reel. The moveable reel allows wastewater application to be directed to areas of the 

field with optimal spray conditions. This equipment sprays effluent in a 180 degree arc on a 

90-foot radius while retracting. The spray irrigation area is approximately 57 acres in size. 
ME0002216 FACT SHEET Page 4 of 37 

W000940-5N-I-R 

1. APPLICATION SUMMARY (cont'd) 

f. Ground Water Monitoring Wells: Ground water monitoring has historically been accomplished 

via twelve (12) monitoring wells designated as follows: MW-1, MW-2A, MW-213, MW-3A, 

MW-3B, MW-4, MW-5A, MW-5B, TW-1, TW-5, TW-6, and TW-8. A map showing the 

location of the monitoring wells, prepared by Hillier & Associates, Inc. and dated June 2002, is 

included as Attachment C of this Fact Sheet. This permitting action is reducing the number of 

monitoring wells from twelve wells to six (6) wells based on a Department review of the 

extensive monitoring data. The Department is making a best professional judgment that wells 

MW-1, MW-3A, MW-313, MW-5B, TW-5 and TW-6 are strategically located such to determine 

if ground water quality standards/action levels are being attained. 

2. PERMIT SUMMARY 

a. Terms and conditions: This permitting action is carrying forward all the terms and conditions of 

the 6/17/13, 12/29/08, 12/8/09 and 2/6/12 permitting actions except this permit is: 

1. Revising the minimum flow regime in which the facility is authorized to discharge during 

the non-summer months. More specifically, this permit limits the discharge to times when 

the receiving water is >15 cfs rather than authoring the discharges at 7Q10 (3.1 cfs). 

2. Increasing the acute, chronic and harmonic mean dilution factors associated with the 

minimum receiving water flow of 15 cfs. 

3. Establishing a new flow regime and corresponding effluent limitations associated with a 

minimum receiving water flow of 50 cfs. 

4. Waiving surveillance level whole effluent toxicity (WET) and analytical chemistry test 

during the first three and fifth years of the term of the permit given the facility is now 

categorized as a Level III facility rather than a Level II facility pursuant to 06-096 CMR 

Chapter 530, Surface Water Toxics Control Program. 

5. Reducing the number of ground water monitoring wells from 12 wells to 6 wells and 

reducing the monitoring frequency from 3/Year to 2/Year given the extensive history of 

ground water monitoring of the site. 

b. History: This section provides a summary of recent, relevant licensing/permitting actions that 

have been completed for Tate & Lyle's Houlton facility. 

September 19, 2000— The U.S. Environmental Protection Agency (USEPA) issued National 

Pollutant Discharge Elimination System (NPDES) permit #ME0002216 for the Staley facility, 

superseding an earlier NPDES permit issued on August 12, 1996. 
ME0002216 FACT SHEET Page 5 of 37 

W000940-5N-I-R 

2. PERMIT SUMMARY (cont'd) 

November 17, 2000 — Pursuant to Certain deposits and discharges prohibited, 38 M.R.S.A. 

§ 420 and Waste discharge licenses, 38 M.R.S.A. § 413 and Interim Effluent Limitations and 

Controls for the Discharge of Mercury, 06-096 CMR 519 (last amended October 6, 2001), the 

Department issued a Notice of Interim Limits for the Discharge of Mercury to the permittee 

thereby administratively modifying WDL #W000940-5N-D-R by establishing interim monthly 

average and daily maximum effluent concentration limits of 11.8 parts per trillion (ppt) and 

17.6 ppt, respectively, and a minimum monitoring frequency requirement of two (2) tests per 

year for mercury. It is noted the limitations have been incorporated into Special Condition A, 

Effluent Limitations And Monitoring Requirements, of this permit. 

January 12, 2001 — The Department received authorization from the USEPA to administer the 

NPDES permit program in Maine, excluding areas of special interest to Maine Indian Tribes. 

From that point forward, the program has been referred to as the Maine Pollutant Discharge 

Elimination System (MEPDES) program, and MEPDES permit #ME0002216 has been utilized 

as the primary reference number for Tate & Lyle's Houlton facility. 

June 26, 2003 — The Department issued combined MEPDES permit #ME0002216 WDL 

#W000940-5N-D-R to A.E. Staley Manufacturing Company for discharges of process wastewater 

and non-contact cooling waters to both the Meduxnekeag River and to ground water via spray 

irrigation. The 6/29/03 permit superseded WDL #W000940-5N-D-R issued on 

November 17, 1995, and WDL #W000940-44-A-N and #W003230-44-A-N, both of which 

expired on August 1, 1985. 

April 10, 2006 The Department amended the 6/29/03 permit to incorporate testing requirements 

of 06-096 CMR 530. 

June 17, 2008 — The Department issued combination MEPDS permit #ME0002216/Maine 

WDL #W000940-5N-E-R to Tate & Lyle Ingredients Americas, Inc. for a five-year term. 

December 29, 2008 - The Department issued a minor revision to the 6/17/08 permit that 

changed the numeric limits for sodium and sulfate to "report" only. 

December 8, 2009 — The Department issued a minor revision to the 6/17/08 permit that served 

to further clarify the applicability of certain effluent limitations, monitoring requirements and 

discharge restrictions in Special Condition A of said permit. 

February 6, 2012 The Department issued a minor revision of the 6/17/08 permit that reduced 

the monitoring frequency for mercury from 4/Year to 1/Year based on a revised statute found at 

Maine law 38 M.R.S.A., §420, 

March 19, 2013 — Tate & Lyle submitted a timely and complete application to the Department 

to renew the MEPDES permit/WDL last issued by the Department on 6/17/08 for a five-year 

term. 
ME0002216 FACT SHEET Page 6 of 37 

W000940-5N-I-R 

3. CONDITIONS OF PERMITS 

Conditions of licenses, 38 M.R.S.A. § 414-A, requires that the effluent limitations prescribed for 

discharges, including, but not limited to, effluent toxicity, require application of best practicable 

treatment (BPT), be consistent with the U.S. Clean Water Act, and ensure that the receiving waters 

attain the State water quality standards as described in Maine's Surface Water Classification 

System. In addition, 38 M.R.S.A., § 420 and 06-096 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 (effective October 9, 2005), and that ensure safe levels for the discharge of toxic 

pollutants such that existing and designated uses of surface waters are maintained and protected. 

4. RECEIVING WATER QUALITY STANDARDS 

Classification of major river basins, 38 M.R.S.A. § 467(15)(E)(1)(a) classifies the Meduxnekeag 

River, main stem, as Class B waters. Standards for classification of fresh surface waters, 

38 M.R.S.A. § 465(3) describes the standards for Class 13 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. 

Classification of ground water, 38.M.R.S.A. § 470 states "All ground water shall be classified as 

not less than Class GW-A, except as otherwise provided in this section." Standards of 

classification of ground water, 38 M.R.S.A. § 465-C(1) contains the standards for the classification 

of ground waters. "Class GW-A shall be the highest classification and shall be of such quality that 

it can be used for public drinking water supplies. These waters shall be free of radioactive matter 

or any matter that imparts color, turbidity, taste or odor which would impair usages of these 

waters, other than that occurringfrom natural phenomena." 
ME0002216 FACT SHEET Page 7 of 37 

W000940-5N-I-R 

5. RECEIVING WATER QUALITY CONDITIONS 

The State of Maine 2010 Integrated Water Quality Monitoring and Assessment Report, (Report) 

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

Control Act, lists a 243.63-mile reach of the Meduxnekeag River main stem and its tributaries 

"Category 2: Rivers and Streams Attaining Some Designated Uses - Insufficient Information for 

Other Uses" and of that 243.63 miles, it lists an eleven (11)-mile reach as "Category 4-A: Rivers 

and Streams with Impaired Use, TMDL Completed" On March 8, 2001, the USEPA approved a 

Total Maximum Daily Load (TMDL) analysis for the Meduxnekeag River. The TMDL classifies a 

6-mile stretch of river below Houlton as not attaining Class B standards for dissolved oxygen. The 

TMDL states, 

"The survey data as well as model runs indicate that the Meduxnekeag River is not attaining 

standards for dissolved oxygen (DO) concentration below the Houlton outfall. Occasional, 

marginal non-attainment of DO standards was also measured above the Houlton outfall. The major 

factor in this non-attainment is the diurnal DO effect from the respiration of attached plant growth 

as a result of phosphorous enrichment." The executive summary of the TMDL report recommends 

maintenance of the "... current A.E. Staley permit limits and conditions, although this discharge is 

located above the listed river segment." This permitting action is carrying forward the 

phosphorous, BOD5, TSS and discharge restrictions consistent with the recommendations of the 

TMDL. 

The Report lists all of Maine's fresh waters as, "Category 4-A: Rivers and Streams with Impaired 

Use, TMDL Completed, Waters Impaired by Atmospheric Deposition of Mercury. Regional or 

National TMDL May Be Required" Impairment in this context refers to a statewide fish 

consumption advisory due to elevated levels of mercury in some fish tissues. The report states, 

"Impairment caused by atmospheric deposition of mercury; a regional scale TMDL has been 

approved. Maine has a fish consumption advisory for fish taken from all freshwaters due to mercury. 

Many waters, and many fish from any given water, do not exceed the action level for mercury. 

However, because it is impossible for someone consuming a fish to know whether the mercury level 

exceeds the action level, the Maine Department of Human Services decided to establish a statewide 

advisory for all freshwater fish that recommends limits on consumption. Maine has already 

instituted statewide programs for removal and reduction of mercury sources." 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 I I." The Department has established interim monthly average and daily 

maximum mercury concentration limits and reporting requirements for this facility pursuant to 06-

096 CMR 519. See Section 6(k) of this Fact Sheet for more information on mercury limits and test 

results to date. 

Ground water monitoring data from Tate & Lyle's spray irrigation site collected in May, August, 

and December 2002 indicated sodium levels in ground water of up to 1,346 ppm, or 11.2 times the 

120 ppm sodium action level of 120 mg/L established in Special Condition A of the permit. 

Ground water monitoring in several areas of the site showed a continuation of readings above 

action level and a further increase in sodium levels during 2002. During the same sampling events, 

results indicated sulfate levels in groundwater of up to 2,716 ppm, or 10.8 times the 250 ppm 
ME0002216 FACT SHEET Page 8 of 37 

W000940-5N-I-R 

5. RECEIVING WATER QUALITY CONDITIONS (cont'd) 

sulfate action level established in Special Condition A of the permit. Ground water monitoring in 

several areas of the site showed a continuation of readings above action level and a further increase 

in sulfate levels during 2002. 

During the period of August 2003 through August 2007, ground water levels of sodium exceeded 

the action level threshold value of 120 mg/L in one or more samples in all monitoring wells except 

MW1, MW4, and MW5A. Ground water levels of sulfate have exceeded the action level threshold 

value of 250 mg/L in all monitoring wells except MW4 and MW5A. Ground water levels of 

nitrate-nitrogen have exceeded the numeric limit of 10 mg/L in monitoring wells MW1, MW2B, 

and MW3A. Monitoring during the aforementioned period does not indicate a definitive upward or 

downward trend in ground water concentration of these pollutants of concern. 

During the period August 2008 — August 2012, ground water levels of sodium exceeded the action 

level threshold value of 120 mgfL in MW-3A and MW-3B only the easterly property boundary of 

the sprayfield. As a result, this permitting action is carrying forward a prohibition on spray 

irrigation of boiler blowdown and process waste waters when the action levels specified above for 

sodium are exceeded and is requiring specific written Department approval to commence spray 

irrigation of boiler blowdown and process wastewaters each spray season. Additionally, this 

permitting action is authorizing the permittee's proposal to spray irrigate using non-contact cooling 

waters in an effort to reduce ground water salt concentrations. The permittee asserts that spray 

irrigating unpolluted non-contact cooling water (obtained from the Town of Houlton's public water 

supply) on the spray irrigation field will assist in flushing accumulated salts (sodium and sulfate 

specifically) out of the soil medium and into the underlying ground water. Ground water below the 

spray irrigation field discharges to the near-by Medunexkeag River and is not anticipated to have an 

adverse impact on surface water quality. Spray irrigating non-contact cooling water is also 

anticipated to allow the permittee to maintain a productive crop cover on the field, further assisting 

in the uptake of nutrients from the soil. 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES 

a. Applicability of Effluent Guideline Limitations (EGLs): Tate & Lyle processes tapioca, potato, 

and corn starches at its Houlton facility to create a variety of processed products. The 

Department is making a best professional judgment determination to consider the best 

practicable treatment (BPT)-based effluent guidelines for the Canned and Preserved Fruits and 

Vegetables Processing Point Source Category, Dehydrated Potato Products Subcategory 

established at 40 CFR Part 407 Subpart E for this facility. 40 CFR Part 407.52 establishes BPTbased effluent guidelines for biochemical oxygen demand (BOD5), total suspended solids (TSS) 

and pH. 
ME0002216 FACT SHEET Page 9 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

OUTFALL #001 — Process wastewater and boiler blowdown 

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

of 0.04 MGD for Outfall 4001. The flow was considered to be representative of the design flow 

for the facility. Discharges from Outfall 4001A during the period of June 1 through September 

15 were limited to times when river flow was greater than 15 cfs at the Tate & Lyle outfall and 

when the ambient dissolved oxygen concentration was greater than 7 ppm at Cary's Mills 

Bridge and 7.3 ppm above the Houlton POTW. 

A review of the monthly average flow data as reported on the monthly Discharge Monitoring 

Reports (DMRs) submitted to the Department for the period January 2010 — March 2013 

indicates the permittee has reported values as follows 

Flow DMRs = 39 

Value Limit (MGD) Range (MGD) Mean (MGD) 

Monthly Average 0.04 0.02 — 0.04 0.032 

Daily maximum Report 0.03 — 0.07 0.050 

Outfall #001 - Process wastewater and boiler blowdown 

Due to an increase in product lines being manufactured at the facility, the permittee has 

requested an increase in the monthly average flow from 0.04 MGD to 0.06 MGD. The 

permittee's request is acceptable to the Department but will be expressed in gallons per day 

(gpd) rather than million gallons per day (MGD). It is noted the increase in flow is not subject 

to anti-backsliding or anti-degradation review given the quantity of pollutants is the same as the 

previous permitting action. 

In its application for permit renewal, the permittee has requested the Department revise the 

discharge regime established in the previous permit. The previous permit establish discharge 

regimes as follows: 

• Between June 1 — September 15 of each year, the permittee was authorized to discharge up 

to a monthly average flow of 0.04 MGD provided the Meduxnekeag River was flowing at 

>15 cfs and the dissolved oxygen (DO) of the river at Cary's Mills Bridge was >7 mg/L and 

the DO at the Houlton Water Company's waste water treatment facility was >7.3 mg/L. The 

restriction on the >15 cfs was due to non-attainment of dissolved oxygen standards at low 

flows and high water temperatures in the river. It is noted the Department has determined 

the 1Q10 and 7Q10 of the Meduxnekeag River at the point of discharge is 2.6 cfs and 

3.1 cfs respectively. 

• Between September 16 and May 31 the permittee was authorized to discharge up to a 

monthly average flow of 0.04 MGD regardless of the flow in the Meduxnekeag River as 

dissolved oxygen standards would be met at full discharge limits and 1Q10 and 7Q10 low 

flows in the river given significantly lower ambient water temperatures. 
ME0002216 FACT SHEET Page 10 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

In its 2013 application for permit renewal, the permittee has requested the Department consider 

establishing a new set of discharge regimes based on two fixed receiving water thresholds as 

follows: 

When the Meduxnekeag River is >15 cfs (year-round), the permittee would be limited to a 

monthly average flow of 60,000 gpd (0,06 MGD) and the same seasonal mass limits for 

biochemical oxygen demand (BOD), total suspended solids (TSS) and total phosphorus (TP) 

established in the previous permitting action provided the dissolved oxygen (DO) of the river at 

Cary's Mills Bridge was >7 mg/L and the DO at the Houlton Water Company's waste water 

treatment facility was >7.3 mg/L. 

When the Meduxnekeag River is >50 cfs the permittee would be limited to a monthly average 

flow limit of 120,000 gpd (0.12 MGD) and seasonal limits for BOD, TSS and TP that are twice 

as great as the limits established when the Meduxnekeag River is >15 cfs. The DO minimums 

cited above are no longer relevant at flows of >50 cfs. 

The proposal by the permittee is acceptable to the Department as the Department has modeled 

the two discharge regimes and determined water quality standards will be met under both 

discharge regimes. See Section 8, Antibacksliding/Antidegradation of this Fact Sheet for more 

discussion on the impact of the proposed discharges regimes. 

c. Dilution Factors: The 6/17/08 permit established a discharge prohibition for Outfall #001A 

during the period of June 1 through September 15 when river flow is less than 15 cfs. The 

permittee has installed a flow monitoring gauge in the river to provide an accurate means of 

measuring stream flow. 06-096 CMR 530(4)(A) states, in pertinent part, 

With a non-continuous discharge (such as a lagoon which can be 

impounded or a continuous discharge prohibited from discharging 

under specified conditions), the dilution factors can be based on a 

guaranteed minimum stream flow or tidal stage below which a 

discharge will not occur. The discharger must submit a request for 

a license modification that reflects a different minimum stream 

flow. If the Department approves an alternate stream flow, the 

license must include a monitoring and reporting requirement, and 

must include an accurate means of measuring stream flow that is 

calibrated annually. 
ME0002216 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

Dilution factors associated with the seasonal discharge flow regimes of 0.04 MGD via Outfall 

#001A in the 6/17/08 permit were derived in accordance with 06-096 CMR 530(4)(A) as 

follows: 

Summer Season (June I - September 15) 

Acute /Chronic/Harmonic Mean: = 15 cfs (15 cfs)(0.6464) + 0.04 MGD = 243.4:1 

0.04 MGD 

Winter Season (September 16 — May 31) 

Acute: 1Q10 = 2.6 cfs = (2.6 cfs)(0.6464) + 0.04 MGD = 43.0:1 

0.04 MGD 

Chronic: 7Q10 = 3.1 cfs (3.1 cfs)(0.6464) + 0,04 MGD = 51.0:1 

0.04 MGD 

Harmonic Mean = 9.2 cfs 19,2 cfs)(0.6464) + 0.04 MGD = 149.7:1 

0.04 MGD 

The Department's Division of Environmental Assessment (DEA) has determined that mixing of 

the effluent with the receiving water is rapid and complete and recommends that acute 

evaluations be based on the full 1Q10 value rather than the default stream design flow of 1/4of 

the 1Q10 in accordance with 06-096 CMR 530(4)(B)(1). 

With the new discharge flow regimes, 60,000 gpd when the receiving water is >15 cfs (year 

round) and 120,000 gpd when the receiving water is >50 cfs, the dilution factors are as follows: 

0.060 MGD and 15 cfs 

Acute and Chronic: = 15 cfs = (15 cfs)(0.6464) + 0.06 MGD = 163:1 

0.06 MGD 

Harmonic mean: = 45 cfs. (45 cfs)(0.6464) + 0.06 MGD = 486:1 

0.06 MGD 

1The harmonic mean dilution factor is approximated by multiplying the chronic dilution factor by three (3). This 

multiplying factor is based on guidelines for estimation of human health dilution presented in the U.S. EPA publication, 

"Technical Support Document for Water Quality-Based 7'oxics Control" (Office of Water; EPA/505/2-90-001, page 88), 

and represents an estimation of harmonic mean flow on which human health dilutions are based in a riverine 7Q10 flow 

situation. 

FACT SHEET Page 11 of 37 
ME0002216 FACT SHEET Page 12 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall NOR - Process wastewater and boiler blowdown 

0.120 MGD and 50 cfs 

Acute and Chronic: = 50 cfs (50 cfs)(0.6464) + 0.12 MGD = 270:1 

032 MGD 

Harmonic mean: = 150 cfs 1150 cfs)(0.6464) + 0.12 MGD = 809:1 

0.12 MGD 

d. Biochemical Oxygen Demand (BOD5): The previous permitting action established seasonal 

effluent limitations for BOD5 for Outfall #001A as follows: 

BOD5 

Monthly Daily Monthly Daily 

Average Maximum Average Maximum 

(lbs./day) (lbs./day) (mg/L) (mg/L) 

Summer Season 

June 1— Sept 30 54 lbs./day 67 lbs./day 243 mg/L 300 mg/L 

Winter Season 

October 1 — May 31 75 lbs./day 133 lbs./day 338 mg/L 599 mg/L 

The winter season mass limits had been carried forward in Department Orders based on the 

1990 NPDES permit and are technology-based limits that were developed through the facility's 

past demonstrated performance (best professional judgment of best practicable treatment). The 

summer season mass limits are water quality-based and were developed based on river 

modeling conducted by the Department to maintain compliance with Class B DO standards. All 

four mass limitations are being carried forward in this permitting action. 

40 CFR Part 407.52 establishes monthly average and daily maximum BPT-based effluent 

guideline limitations for BOD5of 1.20 pounds per 1,000 pounds of final product and 

2.40 pounds per 1,000 pounds of final product, respectively. A historical chronology of the 

derivation of the monthly average and daily maximum technology based limits (dating back to 

1976 can be found in a June 23, 2000 Fact Sheet from a NPDES prepared by the USEPA. 

Under the discharge regime of the Meduxnekeag River being at >15 cfs, the Department has 

determined that the winter season monthly average and daily maximum effluent limits for 

BOD5established in the previous permitting action are more stringent than technology-based 

limits calculated using the effluent guidelines at 40 CFR Part 407.52 and the facility's long-term 

average production rate. The Department's DEA recommends carrying forward the summer 

season BOD5limits established in the previous permitting action based on continued water 

quality concerns in the receiving water. Therefore, this permitting action is carrying forward 

both the winter season and summer season concentration and mass limits for BOD5. It is noted 

that the concentration limits were derived by back-calculating from the mass limits and 

applying a 1.5X multiplier to account for production-based effluent variability. 
ME0002216 FACT SHEET Page 13 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

Summer (June 1 — September 30) 

Monthly Average 54 lbs./day x 1.5 = 243 mg/L 

(0.04 MGD)(8.34 lbs./gallon) 

Daily Maximum 67 lbs./day x 1.5 = 300 mg/L 

(0,04 MGD)(8.34 lbs./gallon) 

Non summer (October 1— May 30 

Monthly Average 75 lbs./day x 1,5 = 338 mg/L 

(0.04 MGD)(8.34 lbs./gallon) 

Daily Maximum 133 lbs./day x 1.5 = 599 mg/L 

(0.04 MGD)(8.34 lbs./gallon) 

A summary of the effluent BOD5data as reported on the DMRs submitted to the Department for 

the period July 2008 through April 2013 is as follows: 

Summer (June 1— September 30) 

BOD mass (DMRs = 18 

Value Limit (lbs/day) Range (lbs/day) Mean (lbs/day) 

Monthly Average 54 1 — 15 3.9 

Daily Maximum 67 2 — 35 9.4 

BOD concentration (DMRs = 18 

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

Monthly Average 243 4.7 — 55 15 

Daily Maximum 300 2.4 — 123 35 

Non-summer (October 1-- May 31) 

BOD mass (DMRs = 42 

Value Limit (lbs/day) Range (lbs/day) Mean (lbs/day) 

Monthly Average 75 3 — 79 21 

Daily Maximum 133 2 —118 36 

BOD concentration (DMRs = 42 

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

Monthly Average 338 6 — 343 88 

Daily Maximum 599 11 — 439 147 
ME0002216 FACT SHEET Page 14 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

Under the discharge regime of the Meduxnekeag River being at >50 cfs, the Department has 

determined that maintain all four of the seasonal technology based monthly average and daily 

maximum concentration limits is appropriate resulting in BPT being applied to the discharge 

under both discharge regimes. As for mass limits, with the tripling of the monthly average flow 

from 40,000 gpd to 120,000 gpd, and maintaining the concentration limits, the mass limits 

would triple but the permittee is proposing to limit the mass of BOD to only twice that of the 

>15 cfs discharge regime and can be calculated as follows: 

Summer (June 1 — September 30) 

Monthly average (54 lbs/day)(2) = 108 lbs/day 

Daily maximum (67 lbs/day)(2) = 134 lbs/day 

Non-summer (October 1— May 31) 

Monthly average (75 lbs/day)(2) = 150 lbs/day 

Daily maximum (133 lbs/day)(2) = 266 lbs/day 

The previous permitting action established a minimum monitoring frequency requirement of 

twice per week for BOD5based on Department best professional judgment. On April 19, 1996, 

the USEPA issued a guidance document entitled, "Interim Guidance for Performance Based 

Reductions of NPDES Permit Monitoring Frequencies" (USEPA 1996) as the basis for 

determining reduced monitoring frequencies. The guidance document was issued to reduce 

unnecessary reporting while at the same time maintaining a high level of environmental 

protection for facilities that have a good compliance record and pollutant discharges at levels 

below permit requirements. Monitoring requirements are not considered effluent limitations 

under section 402(o) of the Clean Water Act and therefore, anti-backsliding prohibitions would 

not be triggered by reductions in monitoring frequencies 

The EPA Guidance indicates "...the basic premise underlying a performance-based reduction 

approach is that maintaining a low average discharge relative to the permit limits results in a 

low probability of the occurrence of a violation for a wide range of samplingfrequencies." The 

monitoring frequency reductions in EPA's guidance were designed to maintain approximately 

the same level of reported violations as that experienced with the existing baseline sampling 

frequency in the permit. To establish baseline performance the long term average (LTA) 

discharge rate for each parameter is calculated using the most recent two-year data set of 

monthly average effluent data representative of current operating conditions, The LTA/permit 

limit ratio is calculated and then compared to the matrix in Table I of EPA's guidance to 

determine the potential monitoring frequency reduction. It is noted Table I of EPA's guidance 
ME0002216 FACT SHEET Page 15 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

was derived from a probability table that used an 80% effluent variability or coefficient of 

variation (cv). The permitting authority can take into consideration further reductions in the 

monitoring frequencies if the actual cv for the facility is significantly lower than the default 

80% utilized by the EPA in Table I. 

In addition to the parameter-by-parameter performance history via the statistical evaluation 

cited above, the EPA recommends the permitting authority take into consideration the facility 

enforcement history and the parameter-by-parameter compliance history and factors specific to 

the State or facility. The Department has adopted a policy that reductions will only be 

considered for technology based limitations and reductions will be limited to no more than one 

half of the current monitoring frequency. 

Though EPA's 1996 Guidance recommends evaluation of the most current two-years of effluent 

data for a parameter, however, the Department is considering 60 months of data 

(July 2008 — April 2013). A review of the monitoring data for the technology based nonsummer BOD (summer limits are water quality based) indicates the ratios (expressed in percent) 

of the long term effluent average to the monthly average limits can be calculated as follows: 

BOD 

Non-summer (October 1— May 31) 

Long term average = 21 lbs/day 

Monthly average limit = 75 lbs/day 

Current monitoring frequency = 2/Week 

Ratio = 21 lbs/day = 28% 

Summer (June 1— September 30) 

Long term average = 3.9 lbs/day 

Monthly average limit = 54 lbs/day 

Current monitoring frequency = 2/Week 

Ratio = 3.9 lbs/day = 7.2% 

75 lbs/day 54 lbs/day 

According to Table I of the EPA Guidance, a 2/Week monitoring requirement can be reduced to 

2/Month. The Department is making a best professional judgment that a monitoring frequency 

of 2/Month is not sufficient to determine on-going compliance at the facility. The Department 

recently adopted a policy to not reduce monitoring frequencies to more than 50% of their 

current monitoring frequency. Therefore, the monitoring frequency for BOD has been reduced 

to 1/Week in this permitting action. 
ME0002216 FACT SHEET Page 16 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

e. Total Suspended Solids (TSS): 40 CFR Part 407.52 establishes monthly average and daily 

maximum BPT-based effluent guideline limitations for TSS of 1.40 pounds per 1,000 pounds of 

final product and 2.80 pounds per 1,000 pounds of final product, respectively. The previous 

permitting action established (year-round) effluent limitations for TSS for Outfall 11001A as 

follows: 

TSS 

Monthly Daily Monthly Daily 

Average Maximum Average Maximum 

(lbs./day) (lbs./day) (mg/L) (mg/L) 

63 lbs./day 126 lbs./day 284 mg/L 567 mg/L 

The TSS limits have been carried forward in Department Orders from the 1990 NPDES permit 

and are technology-based limits that were developed through the facility's past demonstrated 

performance (best professional judgment of best practicable treatment). 

The Department has determined that the effluent limits for TSS established in the previous 

permitting action are more stringent than technology-based limits calculated using the effluent 

guidelines at 40 CFR Part 407.52 and the facility's long-term average production rate. The 

Department's DEA has not recommended water quality-based limits for TSS. Therefore, this 

permitting action is carrying forward the concentration and mass limits for TSS. It is noted 

the concentration limits were derived by back-calculating from the mass limits and applying a 

1.5X multiplier to account for production-based effluent variability. 

Example: 63 lbs./day x 1.5 = 284 mg/L 

(0.04 MGD)(8.34 lbs./gallon) 

A summary of the effluent TSS data as reported on the DMRs submitted to the Department for 

the period January 2008 through March 2013 is as follows: 

TSS mass IDMRs — 63 

Value Limit lbs/da ) Range (lbs/day) Mean (lbs/day) 

Monthly Average 63 5.2 - 57 22 

Daily Maximum 126 8.5 - 111 42 

TSS concentration (DMRs = 63 

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

Monthly Average 284 27 — 279 89 

Daily Maximum 567 41 - 458 165 
ME0002216 FACT SHEET Page 17 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (coned) 

Outfall #001 - Process wastewater and boiler blowdown 

The previous permitting action established a minimum monitoring frequency requirement of 

twice per week for TSS based on Department best professional judgment. Though EPA's 1996 

Guidance recommends evaluation of the most current two-years of effluent data for a parameter, 

however, the Department is considering 63 months of data (January 2008 — April 2013). A 

review of the monitoring data for the year-round technology based limits for TSS indicates the 

ratios (expressed in percent) of the long term effluent average to the monthly average limits can 

be calculated as follows: 

TSS 

Long term average = 22 lbs/day 

Monthly average limit = 63 lbs/day 

Current monitoring frequency = 2/Week 

Ratio = 22 lbsiday = 35% 

63 lbs/day 

According to Table I of the EPA Guidance, a 2/Week monitoring requirement can be reduced to 

2/Month. The Department is making a best professional judgment that a monitoring frequency 

of 2/Month is not sufficient to determine on-going compliance at the facility. The Department 

recently adopted a policy to not reduce monitoring frequencies to more than 50% of their 

current monitoring frequency. Therefore, the monitoring frequency for TSS has been reduced to 

1/Week in this permitting action. 

As with BOD, under the discharge regime of the Meduxnekeag River being at >50 cfs, the 

Department has determined that maintaining technology based monthly average and daily 

maximum concentration limits is appropriate resulting in BPT is being applied to the discharge 

under both discharge regimes. As for mass limits, with the tripling of the monthly average flow 

from 40,000 gpd to 120,000 gpd, and maintaining the concentration limits, the mass limits 

would triple but the permittee is proposing to limit the mass of TSS to only twice that of the 

>15 cfs discharge regime. Limits can be calculated as follows: 

Monthly average (63 lbs/day)(2) = 126 lbs/day 

Daily maximum (126 lbs/day)(2 mg/L) = 252 lbs/day 
ME0002216 FACT SHEET Page 18 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

f. Total Phosphorous (total-P): The previous permitting action established, and this permitting 

action is carrying forward, seasonal (June 1— September 15) water quality-based monthly 

average concentration and mass limits of 0.5 mg/L and 0.17 lbs./day, respectively, and daily 

maximum reporting requirements for total-P. These limitations are based on recommendations 

by the Department's Division of Environmental Assessment and the September 2000 

Meduxnekeag River TMDL. Discharges via Outfall #001A that are in compliance with the 

total-P and other effluent limitations established in this permitting action will not cause or 

contribute to non-attainment of the dissolved oxygen criteria for Class B waters. 

The State of Maine has not established AWQC for phosphorus as of date of this permitting 

action. However based on historic water quality assessments conducted by the Department, an 

ambient water quality threshold of 35 ug/L has been utilized in permitting actions to limit the 

discharge of phosphorus. In addition, sampling receiving waters for background concentrations 

of total phosphorus has yielded average results of 12 ug/L. Given a permitted flow of 

0.06 MGD, a discharge concentration of 0.5 mg/1(500 ug/L) a low flow of 15 cfs (9.7 MGD), a 

total phosphorus ambient water quality threshold of 35 ugfL and a background concentration of 

12 ug/L, reasonable potential calculations are as follows: 

35 ug/L — 12 ug/L = 23 ug/L Remaining assimilative capacity 

(500 ug/L)(0.06 MGD) + (12 ug/L)(9.7 MGD) = X ugfL 

9.74 MGD 

X = 15 ug/L 

15 ug/L< 23 ug/L = No reasonable potential 
ME0002216 FACT SHEET Page 19 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

A summary of the effluent total-P data as reported on the DMRs submitted to the Department for 

the period June 2008 through September 2012 is as follows: 

Total phosphorus mass (DMRs =19 

Value Limit (lbs/day) Range (lbs/day) Mean (lbs/day) 

Monthly Average 0.17 0.03 — 0.17 0.088 

Daily Maximum Report 0.04 — 0.53 0.24 

Total nhosohorns concentration (DMRs =19 

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

Monthly Average 0.5 mg/L 0.10 — 0.66 0.31 

Daily Maximum Report 0.12 — 1.8 0.72 

This permitting action is carrying forward the minimum monitoring frequency requirement of 

twice per week (June — September) for total-P based on Department best professional judgment. 

As with BOD and TSS, under the discharge regime of the Meduxnekeag River being at >50 cfs, 

the Department has determined that maintaining technology based monthly average and daily 

maximum concentration limits is appropriate resulting in BPT is being applied to the discharge 

under both discharge regimes. As for mass limits, with the tripling of the monthly average flow 

from 40,000 gpd to 120,000 gpd, and maintaining the concentration limits, the mass limits 

would triple but the permittee is proposing to limit the mass of total phosphorus to only twice 

that of the >15 cfs discharge regime. Limits can be calculated as follows: 

Monthly average (0.17 lbs/day)(2) = 0.34 lbs/day 

g. River Flow: The previous permitting action prohibited discharges from Outfall #001A during 

the period from June 1 through September 15 if the Meduxnekeag River flow was less than 

15 cubic feet per second (cfs). The Department's DEA has determined that discharges in 

compliance with the numeric limitations established in Special condition A of the permit for 

Outfall #001A would not cause or contribute to non-attainment of dissolved oxygen standards 

for the Class B river when river flows exceed 15 cfs. The permittee is required to report the 

monthly average value, along with a monthly maximum and minimum value on the DMR, 

expressed as efs. River flow measurements are obtained from a river flow gauge the permittee 

installed in 2005 in the immediate area of Outfall #001A. The gauge shall be calibrated at least 

once annually and calibration records shall be retained for inspection for a period of at least 

three years. 
ME0002216 FACT SHEET Page 20 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

A summary of the river flow data as reported on the DMRs submitted to the Department for the 

period June 2006 through September 2012 is as follows: 

River Flow DMRs — 27 

Value Limit (cfs) Range (cfs) Mean (cfs) 

Daily Minimum 15 15 — 106 39 

Monthly Average Report 17 — 441 135 

Daily Maximum Report 18 — 3,510 572 

In the 2013 application for permit renewal, the permittee has requested the Department establish 

a second tier of permit limits with a discharge threshold of >50 cfs in the Meduxnekeag River. 

As with the lower flow regime, the permittee is required to record the monthly average, daily 

minimum and daily maximum river flows. 

h. Ambient Dissolved Oxygen Monitoring and Discharge Prohibition: The previous permitting 

action established, and this permitting action is carrying forward, a prohibition on discharges 

via Outfall 4001A during the period of June 1 through September 15 if the Meduxnekeag River 

dissolved oxygen (DO) concentration is less than 7 parts per million (ppm) at a DO monitoring 

location described as the Cary's Mills Bridge upriver of the confluence of the main stem of the 

Meduxnekeag River and its South Branch or less than 7.3 ppm at a DO monitoring site located 

immediately upriver of the Houlton Water Company's waste water treatment facility (Houlton 

POTW) discharge. This provision was also included in the 2001 TMDL analysis. The 

permittee shall monitor (at the Cary's Mills Bridge site and Houlton POTW site) and record instream DO concentrations once per day during the period of June 1 through September 15 when 

Tate & Lyle discharges or intends to discharge via Outfall 4001A. Dissolved oxygen shall be 

monitored within two hours of sunrise. 

A summary of the data as reported on the DMRs submitted to the Department for the period 

June 2008 through September 2012 is as follows: 

Dissolved ox en Ca 's Brid e CDMRs = 19 

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

Daily Maximum >7.0 7.5 — 9.1 7.8 

ssolved ox en Houlton WD IDMRs = 19 

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

Daily Maximum >7.3 73 — 8.9 8.1 

In the 2013 application for permit renewal, the permittee has requested the Department establish 

a second tier of permit limits with a discharge threshold of >50 cfs in the Meduxnekeag River. 

The numeric limitations have been replaced by a daily maximum "report" only requirement 

given the significant increase in the dilution factors associated a receiving water flow threshold 

of >50 cfs. 
ME0002216 FACT SHEET Page 21 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #00I - Process wastewater and boiler blowdown 

1, pH: The previous permitting action established a pH range limitation of 6.0 — 9.0 standard units 

(SU) for Outfall 4001A which is being carried forward in this permit and is considered best 

practicable treatment (BPT) and is consistent with the effluent guidelines established at 40 CFR 

Part 407.52. This permitting action is carrying forward the minimum monitoring frequency 

requirement of once per day. 

Temperature: The previous permitting action established a year-round daily maximum effluent 

temperature limit of 90 degrees Fahrenheit (°F) for Outfall 4001A to ensure that the discharge 

complied with the requirements of Regulations Relating to Temperature, 06-096 CMR 582 (last 

amended February 18, 1989). 06-096 CMR 582 states that no discharge of pollutants shall 

cause the ambient temperature of any freshwater body, as measured outside a mixing zone, to be 

raised more than 5 degrees Fahrenheit. The rule also limits a discharger to an in-stream 

temperature increase (AT) of 0.5° F above the ambient receiving water temperature when the 

weekly average temperature of the receiving water is greater than or equal to 66° F or when the 

daily maximum temperature is greater than or equal to 73° F. The temperature thresholds are 

based on USEPA water quality criterion for the protection of brook trout and Atlantic salmon. 

The weekly average temperature of 66° F was derived to protect for normal growth of the brook 

trout and the daily maximum threshold temperature of 73° F protects for the survival of 

juveniles and adult Atlantic salmon during the summer months. As a point of clarification, the 

Department interprets the term "weekly average temperature" to mean a seven (7) day rolling 

average. To promote consistency, the Department also interprets the AT of 0.5° F as a weekly 

rolling average criterion when the receiving water temperature is >66° F and <73° F. When the 

receiving water temperature is >73°F, compliance with the AT of 0.5° F is evaluated on a daily 

basis. 

Classification of Maine waters, 38 M.R.S.A. § 464 (4)(D), states that the assimilative capacity 

of a receiving water shall be calculated utilizing a seven-day low event with a recurrence 

interval of ten years that is often referred to as the 7Q10. The Department has determined that 

the 7Q10 flow of the Meduxnekeag River is 3.11 cfs (2.0 MGD) 

Three discharge scenarios are possible: 

1) discharge via Outfall 4001A only when river flow is >15 cfs; 

2) discharge via Outfall #002 only at a 7Q10 flow of 3.11 cfs; and 

3) discharge via Outfall 4001A and #002A when river flow is >15 cfs. 
ME0002216 FACT SHEET Page 22 of 37 

W000940-5N-1-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

The assimilative capacity of the Meduxnekeag River (thermal load that would cause the stream 

to increase by 0,5°F) at the three discharge scenarios described are as follows: 

Scenario #1 - Outfall #001A only when river flow is >15 cfs 

(15 cfs)(0.6464)(0.5°F)(8.34 lbs./gallon)(106gallons) = 4.0 x 107BTU/day 

The maximum effluent temperature (XV) that at the full permitted flow rate of 60,000 GPD for 

Outfall #001A will, by itself, comply with the weekly rolling average limit of 0.5°F (when the 

receiving water is >66°F and <73°F) and not exceed the assimilative capacity of the 

Meduxnekeag River (4.0 x 107BTU/day) may be calculated as follows: 

(60,000 GPD)(X°F - 66°F)(8.34 lbs/gal) = 4.0 x 107BTU/day 

4.0 x 107BTU/day 

(60,000 GPD)(8.34 lbs./gal) 

= 80°F 

X = 66°F + 80°F 

Maximum Effluent Temperature, X°F, 146°F 

When the receiving water is >73°F, the temperature difference of 0.5°F is a daily maximum 

limit and the maximum allowable effluent temperature for Outfall #001A is 73°F + 80°F = 

153°F. 

Scenario #2 Outfall #002A at a 7Q10 flow of 3.11 cfs; 

(3.11 cfs)(0.6464)(0.5°F)(8.34 lbs./gallon)(106gallons) = 8.4 x 106BTU/day 

8.4 x 106BTU/day 

(50,000 GPD)(8.34 lbs./gal) 

20°F 

X = 66°F + 20°F 

Maximum Effluent Temperature, X°F, = 86°F 

When the receiving water is >73°F, the temperature difference of 0.5°F is a daily maximum 

limit and the maximum allowable effluent temperature for Outfall #002A is 73°F + 20°F 

93°F. 
ME0002216 FACT SHEET Page 23 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

Scenario #3 Both Outfall #OO1A and #002A when river flow is >15 cfs 

(15 cfs)(0.6464)(0.5°F)(8.34 lbs./gallon)(106gallons) = 4.0 x 107BTU/day 

The maximum effluent temperature (X°F) that at the combined full permitted flow rate of 

110,000 gallons per day (60,000 GPD from Outfall #OO1A + 50,000 GPD from Outfall #002A) 

will, by itself, comply with the weekly rolling average limit of 0.5°F (when the receiving water 

is >66°F and <73°F) and not exceed the assimilative capacity of the Meduxnekeag River 

(4.0 x 107BTU/day) may be calculated as follows: 

4.0 x 107BTU/day 

(110,000 GPD)(8.34 lbs./gal) 

= 44°F 

X = 66°F + 44°F 

Maximum Effluent Temperature, X°F, = 110°F 

When the receiving water is >73°F, the temperature difference of 0.5°F is a daily maximum 

limit and the maximum allowable effluent temperature for both Outfall 400IA and #002A is 

73°F + 44°F = 117°F. 

In consideration of the anticipated and actual effluent temperatures for Outfall 4001A and 4002A, 

the Department is making a best professional judgment determination to establish a year-round 

daily maximum effluent temperature limit of 90°F (32°C) for Outfall #OO1A and 86°F (30°C) for 

Outfall #002A. This action will ensure that under all discharge conditions, the discharge will not 

cause or contribute to violations of the temperature criteria established by 06-096 OAR 582. 

This permitting action is establishing minimum monitoring frequency requirements once per 

day for temperature for both outfalls, which is consistent with the monitoring requirements 

established in other MEPDES permits regulating thermal discharges. 

k. Mercury: Pursuant to Maine law, 38 M.R.S.A. §420 and Department rule, 06-096 CMR 

Chapter 519, Interim Effluent Limitations and Controls for the Discharge of Mercury, the 

Department issued a Notice of Interim Limits for the Discharge of Mercury to the permittee on 

May 23, 2000, thereby administratively modifying WDL # W000940 by establishing interim 

monthly average and daily maximum effluent concentration limits of 16.5 parts per trillion (ppt) 

and 24.8 ppt, respectively, and a minimum monitoring frequency requirement of four tests per 

year for mercury. 
ME0002216 FACT SHEET Page 24 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (coned) 

Outfall #001 - Process wastewater and boiler blowdown 

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

for mercury if the facility is in compliance with an interim discharge limit established by the 

Department pursuant to section 413, subsection I I. A review of the Department's data base for 

the period February 2007 through the present indicates the permittee has been in compliance 

with the interim limits for mercury as results have been reported as follows; 

Mercury n = 13 

Value Limit (ng/L) Range (ng/L) Mean (ng/L) 

Average, Maximum 16.5 / 24.8 1.0 —11.0 4.7 

Pursuant to Maine law 38, M.R.S.A. §420, sub-§1-B, 11F, the Department issued a modification 

on February 6, 2013, by reducing the monitoring frequency for mercury from 4/Year to 1/Year 

given the permittee has maintained at least 5 years of mercury testing data. In fact, the permitte 

has been monitoring mercury at frequency of 4/Year since June 2000 or 11 years. 

1. Whole Effluent Toxicity (WET), Priority Pollutant, and Analytical Chemistry Testing: 

Maine law, 38 M.R.S.A., Sections 414-A and 420, prohibit the discharge of effluents containing 

substances in amounts that would cause the surface waters of the State to contain toxic 

substances above levels set forth in Federal Water Quality Criteria as established by the 

USEPA. Department Rules, 06-096 CMR Chapter 530, Surface Water Toxics Control 

Program, and Chapter 584, Surface Water Quality Criteria for Toxic Pollutants 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 Chapter 530, is included 

in this permit in order to fully characterize the effluent. This permit also provides for 

reconsideration of effluent limits and monitoring schedules after 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 is 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 Chapter 584. 
ME0002216 FACT SHEET Page 25 of 37 

W000940-5N-T-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall 4001 - Process wastewater and boiler blowdown 

06-096 CMR 530(2)(A) specifies the dischargers subject to the rule as, "all licensed 

dischargers of industrial process wastewater or domestic wastes discharging to surface waters 

of the State must meet the testing requirements of this section. Dischargers of other types of 

wastewater are subject to this subsection when and if the Department determines that toxicity of 

effluents may have reasonable potential to cause or contribute to exceedences of narrative or 

numerical water quality criteria." Tate & Lyle discharges industrial process waste waters to 

surface waters via Outfall 4001A and is therefore subject to the testing requirements of the 

toxics rule. Note: discharges via Outfalls 4002A (non-contact cooling water) and #003A (spray 

irrigation) are not subject to the rule. The remainder of this section addressed discharges via 

Outfall 4001A only. 

Chapter 530 establishes four categories of testing requirements based predominately on the 

chronic dilution factor. The categories are as follows: 

Level I — chronic dilution factor of <20:1. 

Level II — chronic dilution factor of >20:1 but <100:1. 

Level III — chronic dilution factor >100:1 but <500:1 or >500:1 and Q >1.0 MGD 

Level IV — chronic dilution >500:1 and Q <1.0 MGD 

Department rule Chapter 530 (1)(D) specifies the criteria to be used in determining the 

minimum monitoring frequency requirements for WET, priority pollutant and analytical 

chemistry testing. Based on the Chapter 530 criteria, the permittee's facility falls into the 

Level III frequency category as the facility has a chronic dilution factor of >100:1 but <500:1. 

Chapter 530(1)(D)(1) specifies that routine screening and surveillance level testing 

requirements are as follows: 

Screening level testing — During the period beginning 24 months prior to permit expiration and 

lasting through 12 months prior to permit expiration (Year 4 of the term of the permit) and 

every five years thereafter• if a timely request for renewal has been made and the permit 

continues in force, or is replaced by a permit renewal containing this requirement. 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

III I per year 1/year 4 per year 

Surveillance level testing — Beginning upon permit issuance and lasting through 24 months 

prior to permit expiration (Years 1, 2 & 3 of the term of the permit) and commencing again 12 

months prior to permit expiration (Year 5 of the term of the permit). 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

III 1 per year None required 1 per year 
ME0002216 FACT SHEET Page 26 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (coned) 

Outfall #001 - Process wastewater and boiler blowdown 

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 the former 06-096 CMR 

Chapter 530. See Attachment D of this Fact Sheet for a summary of the WET test results and 

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

Chapter 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. 

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." 

Chapter 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 May 21, 2013, the Department conducted a statistical evaluation on the most recent 

60 months of WET tests results on file at the Department. The statistical evaluation indicates the 

discharge from the permittee's waste water treatment facility does not have any test results that 

exceed or have a reasonable potential to exceed the critical acute and chronic water quality 

threshold of 0.6% (mathematical inverse of the acute and chronic dilution factor of 163:1). 

As for testing frequencies, Chapter 530 §(2)(D)(3)(c) states in part that for Level II facilities 

"...may be waived from conducting surveillance testingfor individual WET species or 

chemicals provided that testing in the preceding 60 months does not indicate any 

reasonable potential for exceedence..."Based on the results of the 5/21/13 statistical 

evaluation, the permittee qualifies for the waiver for both the brook trout and the water flea. 

As a result, this permitting action is not establishing surveillance level WET testing. 
III I/Year 

Level WET Testing 

ME0002216 FACT SHEET Page 27 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall 4001 - Process wastewater and boiler blowdown 

Chapter 530 §(2)(D) states: 

(4) All dischargers having waived or reduced testing must file statements with the 

Department on or before December 31 of each year describing the following. 

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

indirectly to the wastewater treatment works that may increase the toxicity of the 

discharge; 

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

discharge; and 

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

treatment works that may increase the toxicity of the discharge. 

Special Condition K, 06-096 CMR 530(2)(D)(4) Statement For Reduced/Waived Toxics 

Testing of this permitting action requires the permittee to file an annual certification with the 

Department. 

During the period beginning 24 months prior to permit expiration and lasting through 12 

months prior to permit expiration (Year 4 of the term of the permit) and every five years 

thereafter if a timely request for renewal has been made and the permit continues in force, or 

is replaced by a permit renewal containing this requirement. 

Chapter 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." 

Chapter 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 nonpoint 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. 
ME0002216 FACT SHEET Page 28 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

Chemical Specific Evaluation 

The Department has very limited information on the background levels of metals in the water 

column of Meduxnekeag River. Therefore, a default background concentration of 10% of the 

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

Chapter 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. 

It is noted, the statistical evaluation is utilizing an acute hardness of 74 mg/L and a chronic 

hardness of 87 ug/L. These site specific values were derived by the HWC in accordance with 

the Department's Total Hardness Protocol adopted on March 5, 2001. For a more detailed 

explanation on the derivation of the site specific hardness values see a document entitled, 

Houlton Water Company, Houlton, Maine, Application to Maine Environmental Protection For 

Site Specific Limits Hardness Dependent Metals, April 2002 prepared by the HWC. 

Chapter 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." 

As with WET test results, on May 21, 2013, the Department conducted a statistical evaluation 

on the most recent 60 months of chemical specific test results on file with the Department in 

accordance with the statistical approach outlined in Chapter 530. The statistical evaluation 

indicates there are no parameters that exceed or have a reasonable potential to exceed the acute, 

chronic or human health AWQC. 

As for testing frequencies, Chapter 530(2)(D)(3)(c) states in part that Level III facilities "...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. "Based on the results of the 5/21/13 statistical evaluation, the permittee qualifies for 

the testing waiver. Therefore, this permitting action establishes a screening level analytical 

chemistry and priority pollutant testing requirements as follows: 
ME0002216 FACT SHEET Page 29 of 37 

W000940-5N-I-R 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS FOR SURFACE 

WATER DISCHARGES (cont'd) 

Outfall #001 - Process wastewater and boiler blowdown 

During the period beginning 24 months prior to permit expiration and lasting through 12 months 

prior to permit expiration (Year 4 of the term of the permit) and every five years thereafter if a 

timely request for renewal has been made and the permit continues in force, or is replaced by a 

permit renewal containing this requirement. 

Level Priority pollutant 

testing 

Analytical chemistry 

III 1 per year 4 per year 

As with WET testing, Special Condition K, 06-096 CMR 530(2)(D)(4) Statement For 

Redueed/Waived Toxics Testing, of this permitting action requires the permittee to file an annual 

certification with the Department. 

Outfall #002 — Non-contact cooling water 

in. Flow — The previous permitting action established a monthly average flow limit of 0.05 MGD 

that is being carried forward in this permitting action but is being expressed in terms of gallons 

per day (gpd) rather than million gallons per day (MGD). A review of the DMR data for the 

period October 2011 — April 2013 indicates flow data has been reported as follows: 

Flow DMRs =19 

Value Limit (MGD) Range (MGD) Mean (MGD) 

Monthly Average 0.05 0.002 — 0.06 0.0132 

Daily maximum Report 0.008-0.11 0.0333 

n. Temperature — The previous permit established a technology based daily maximum temperature 

limit of 90°F as being representative of the discharge temperature. The limitation is being 

reduced to 86°F (30°C) in this permitting action based on the calculations on page 22 of this 

Fact Sheet. A review of the DMR data for the period October 2011 — April 2013 indicates 

temperature data has been reported as follows: 

Temperature DMRs = 19 

Value Limit (°F) Range (°F) Mean (°F) 

Daily maximum 90 48 - 88 68 

o. pH — The previous permit established a technology based pH range limitation of 6.0 — 9.0 

standard units that is being carried forward in this permitting action. A review of the DMR data 

for the period October 2011 — April 2013 indicates data has been reported as follows: 

H DMRs =19 

Value Limit (su) Minimum (su) Maximum (su) 

Daily maximum 6M — 9.0 6.5 8.3 
ME0002216 FACT SHEET Page 30 of 37 

W000940-5N-I-R 

7. SPRAY IRRIGATION AND GROUND WATER 

Slow rate land irrigation treatment is an environmentally-sound and appropriate technology for best 

practicable treatment and disposal of wastewater. The theory behind surface wastewater disposal 

systems is to utilize the top 10-12 inches of organic matter and in-situ soils to attenuate the 

pollutant loadings in the applied wastewaters. The soils and vegetation within the spray field area 

are intended to provide adequate filtration and absorption to preserve the integrity of the soil, and 

both surface and ground water quality in the area. 

Tate & Lyle utilizes spray irrigation as a means of wastewater disposal when discharges via 

Outfall 1/001A are prohibited (based on ambient river conditions). The previous permitting action 

established monitoring and reporting requirements for Outfall 11003A, which is the same source of 

wastewater that is conveyed to Outfall #001A but has been assigned a unique outfall number for 

data management and tracking purposes. The spray irrigation field has been assigned a data 

management tracking identifier of "SF-I". Spray irrigation is authorized during the period of 

May 15 through November 15 provided all other terms, conditions and restrictions established in 

this permit are achieved. In this permitting action, the Department is authorizing the use of the 

spray irrigation field for the disposal of non-contact cooling waters during the period of May 15 

through November 15. 

a. Wastewater Application Rate: The previous permitting action established weekly maximum 

and daily maximum wastewater application rates of 40,728 gallons per acre per week and 

20,362 gallons per acre per day, respectively, for spray irrigation fields SF-I, which are being 

carried forward in this permitting action. These application rates are also applicable for spray 

irrigation of non-contact cooling waters to this disposal field (identified as SF-2 for data 

management purposes). The wastewater application rates are established as a margin of safety 

against hydraulically overloading a spray field and are based on the treatment capabilities of the 

in-situ soils. Regardless of the calculated rate, the system operator shall monitor each waste 

application to verify adequate infiltration of the waste into the soil and an irrigation cycle must 

be stopped if runoff occurs outside the boundary of the designated spray areas. If ground water 

monitoring well samples indicate levels above the action levels established for sodium and 

sulfate, the permittee shall immediately cease the spray irrigation of boiler blowdown and 

process waste waters on any areas up-gradient of the monitoring well(s) demonstrating the 

elevated level(s), until such time that ground water monitoring indicates that levels have fallen 

below the respective action levels. 

Tate and Lyle has applied for authorization to utilize the spray irrigation field for the application 

of non-contact cooling water to reduce ground water salt concentrations and to maintain a viable 

crop during periods of insufficient precipitation. Managing the spray irrigation field in this 

way, Tate & Lyle asserts, will accelerate the recovery of the soil and ground water and will 

eventually allow Tate & Lyle to utilize the field for wastewater disposal during periods when 

discharge to the Meduxnekeag River is prohibited. This permitting action authorizes the 

application of non-contact cooling water at the prescribed application rates on SF-I. For data 

management purposes, this permitting action is assigning an administrative identifier of SF-2 to 
ME0002216 FACT SHEET Page 31 of 37 

W000940-5N-I-R 

7. SPRAY IRRIGATION AND GROUND WATER (cont'd) 

Spray Irrigation application rates 

differentiate between disposal of boiler blowdown/process wastewater and non-contact cooling 

water via spray irrigation. At no time shall the application of spray irrigation waters from any 

source exceed the weekly maximum or daily maximum application rates established in the 

permit. This permitting action is establishing a monthly total flow reporting requirement for 

SF- I . 

Tate & Lyle has not utilized the spray irrigation system since June 2006 due to elevated sodium 

and sulfate levels in ground water monitoring wells. This permitting action requires the 

permittee to obtain written Department approval prior to commencing spray irrigation of 

boiler blowdown and process waste waters each spray irrigation season. 

A summary of the spray irrigation data as reported on the DMRs submitted to the Department 

for the period August 2003 through June 2006 is as follows: 

Application Rate Minimum Maximum Arithmetic Mean # 

DMRs 

Weekly Maximum 2,056 gal/ac/week 20,193 gal/ac/week 17,697 gal/ac/week 12 

Daily Maximum 16,143 gal/ac/week 39,119 gal/ac/week 24,430 gal/ac/week 13 

Outfall #003 — Spray irrigation effluent & ground water monitoring 

a. Flow: The previous permitting action established, and this permitting action is carrying 

forward, a daily maximum effluent flow reporting requirement for Outfall #003A to distinguish 

the boiler blowdown and process waste waters that are disposed of through spray irrigation from 

the same waste waters disposed of through Outfall #001A to the Meduxnekeag River, It is 

noted that discharges via Outfall #003A may occur during the specified spray irrigation season 

of May 15 through November 15 of each year. Additionally, this permitting action is 

establishing a condition requiring the permittee to obtain, for each spray irrigation season, 

written Department approval prior to commencing spray irrigation of boiler blowdown and 

process waste waters to spray irrigation field SF-1. Department approval will be provided upon 

demonstrating to the Department's satisfaction that sodium and sulfate levels in ground water 

wells located down-gradient of proposed spray irrigation application(s). This permitting action 

is carrying forward the daily minimum monitoring frequency requirement from once per month 

to daily to ensure monitoring is representative of actual discharge conditions. 

A summary of the spray irrigation data as reported on the DMRs submitted to the Department 

for the period August 2003 through June 2006 (most current period of use) is as follows: 

Flow CDMRs =, 13 

Value Minimum Maximum Arithmetic Mean 

Daily Maximum 33,900 gpd 158,200 gpd 101,700 gpd 
ME0002216 FACT SHEET Page 32 of 37 

W000940-5N-1-R 

7. SPRAY IRRIGATION AND GROUND WATER MONITORING (cont'd) 

Outfall #003 — Spray irrigation effluent & ground water monitoring 

b. BOD5: The previous permitting action established a daily maximum 

concentration reporting requirement for BOD5for Outfall #003A. Monitoring for BOD5yields 

an indication of the condition of the waste water being applied, of the degree of loading of 

organic material and the effectiveness of the spray irrigation treatment process. 

A summary of the effluent BOD5data as reported on the DMRs submitted to the Department for 

the period August 2003 through June 2006 (most current three-year period) for Outfall #003A 

indicates BOD5values as follows: 

BOD concentration DMR.s = 13 

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

Daily Maximum Report 137- 885 470 

This permitting action is carrying forward the daily maximum BOD5concentration monitoring 

and reporting requirement for Outfall #003A to provide information on organic loading of the 

spray irrigation field, and is carrying forward the minimum monitoring frequency requirements 

of once per month (when discharging during the authorized spray irrigation period). 

c. Nitrate-nitrogen, total Kjeldahl nitrogen (TKN), total ammonia nitrogen (as N): The previous 

permitting action established daily maximum concentration monitoring reporting 

requirements for nitrate nitrogen, TKN, and total ammonia nitrogen for Outfall #003A 

established a daily maximum concentration limit of 10 mg/L for nitrate nitrogen in the ground 

water monitoring wells, which is the National Primary Drinking Water standard for this 

compound. Nitrate-nitrogen is weakly absorbed by soil and functions as a reliable indicator 

of contamination from waste disposal sites. Elevated levels of nitrate-nitrogen in ground 

water is a human health concern with respect to its use as a drinking water supply. 

A summary of the nitrate-nitrogen, TKN, and total ammonia nitrogen data as reported on the 

DMRs submitted to the Department for the period August 2003 through June 2006 (most 

current three-year period of use) for Outfall #003A is as follows: 

DMRs = 13 

Nitrate-Nitrogen, TKN, and Total Ammonia Nitrogen in Outfall #003A 

Effluent Characteristic Minimum Maximum Arithmetic Mean 

Nitrate-Nitrogen (NO3) 34 mg/L 152 mg/L 85 mg/L 

Total Kjeldahl-Nitrogen 76 mg/L 986 mg/L 548 mg/L 

Total Ammonia Nitrogen 0.2 mg/L 45 mg/L 10.8 mg/L 

See Attachment F of this Fact Sheet for a summary of the groundwater monitoring date for 

nitrate-nitrogen, TKN, and total ammonia nitrogen dating back to calendar year 2002. 
ME0002216 FACT SHEET Page 33 of 37 

W000940-5N-I-R 

7. SPRAY IRRIGATION AND GROUND WATER MONITORING (cont'd) 

Outfall #003 — Spray irrigation effluent & ground water monitoring 

d. pH: The previous permitting action established a daily maximum pH range limitation of 

6.0 — 9.0 standard units (SU) for Outfall #003 and the ground water monitoring wells for SF-1, 

pH is considered a surveillance level monitoring parameter that is used as an early-warning 

indicator of potential ground water contamination and is considered a best practicable treatment 

standard by the Department. This permit is carrying forward the minimum monitoring 

frequency requirements of once per month for Outfall #003A and once per month during the 

months of April and August of each year for the ground water monitoring wells. 

A review of the Outfall #003A effluent pH data as reported on the DMRs submitted to the 

Department for the period August 2003 through June 2006 for Outfall #003 were reported as 

follow: 

H MRs = 13 

Value Limit (su) Range (su) Mean (su) 

Daily maximum 6.0 8.4 n/a 

See Attachment F of this Fact Sheet for a summary of the groundwater monitoring date for 

pH dating back to calendar year 2002. 

e. Sodium (Total) and Sulfate: The previous permitting action established daily maximum 

concentration reporting requirements for total sodium (as Na) and sulfate (as SO4) for Outfall 

#003A and established daily maximum "action levels" of 120 mg/L and 250 mg/L for sodium 

and sulfate, respectively, for the ground water monitoring wells. There are currently no primary 

or secondary drinking water standards for sodium; however, the USEPA has utilized National 

Research Council recommended daily intake values for sodium to develop a proposed healthbased benchmark value of 120 mg/L. Sulfate has a current secondary drinking water standard 

(Maximum Contaminant Level) of 250 mg/L, which is an aesthetic-based standard. 

This permitting action is carrying forward the daily maximum action levels of 120 mg/L for 

sodium and 250 mg/L for sulfate in the ground water as an action levels based on best 

professional judgment. If ground water monitoring well samples indicate levels above the 

respective limits of 120 mg/L and 250 mg/L for sodium and sulfate, the permittee shall 

immediately cease the spray irrigation of boiler blowdown and process waste waters on any 

areas up-gradient of the monitoring well(s) demonstrating the elevated level(s), until such time 

that ground water monitoring indicates that levels have fallen below the action level. In 

addition, within 60 days of the occurrence(s), the permittee shall provide a report to the 

Department documenting the occurrence(s), addressing the cause(s) of the occurrence(s), and a 

course of action and implementation schedule for resolving the cause(s). This permitting action 

is carrying forward the daily maximum total sodium and sulfate monitoring and reporting 

requirements for Outfall #003A to provide information on the levels of these pollutants 

conveyed to the spray irrigation field for disposal. This permitting action is carrying forward 

the minimum monitoring frequency requirements of once per month (when discharging during 

the authorized spray irrigation period) for Outfall #003A and once per month during the months 

of April and August of each year for the ground water monitoring wells. 
ME0002216 FACT SHEET Page 34 of 37 

W000940-5N-I-R 

7. SPRAY IRRIGATION AND GROUND WATER MONITORING (cont'd) 

Outfall #003 — Spray irrigation effluent & ground water monitoring 

A review of the Outfall #003A effluent sodium and sulfate data as reported on the DMRs 

submitted to the Department for the period August 2003 through June 2006 for Outfall 4003 

were reported as follow 

Sodium (DMRs = 13 

Value Action level 

(mg/L) 

Range (mg/L) Mean 

(mg/L) 

Daily maximum 120 1,397 — 4,012 2,551 

Sulfate (DMRs = 19 

Value Action level 

(mg/L) 

Range (mg/L) Mean 

(mg/L) 

Daily maximum 250 4,015 — 85,087 12,901 

See Attachment F of this Fact Sheet for a summary of the groundwater monitoring date for 

sodium and sulfate dating back to calendar year 2002. 

f. Specific Conductance: The previous permitting action established daily maximum specific 

conductance monitoring and reporting requirements for the ground water monitoring wells. 

Specific conductance is considered a surveillance level monitoring parameter that is used as an 

early-warning indicator of potential ground water contamination when monitoring indicates 

values over 275 umhos/cm, consistent trends approaching 275 umhos/cm or sudden spikes from 

previous levels. 

A summary of the specific conductance data as reported on the DMRs submitted to the 

Department for the period August 2003 through June 2006 for Outfall #003A indicates the 

specific conductance vales were reported as follows: 

Specific Conductance(DMRs = 13 

Value Limit 

(umhos/cm) 

Range 

(umhos/cm) 

Mean 

(umhos/cm) 

Daily maximum Report 1,051-1,563 1,266 

In consideration of the specific conductance values reported for ground water monitoring 

wells, this permitting action is carrying forward the daily maximum monitoring and reporting 

requirements the ground water monitoring wells. Historical ground water monitoring data 

collected from this site indicate that spray irrigation activities have adversely impacted ground 

water quality with respect to elevted sodium and sulfate levels. As a result, the Department 

established a prohibition on spray irrigation of boiler blowdown and process waste waters if 

ground water monitoring results for sodium, sulfate or nitrate-nitrogen are above the action 
ME0002216 FACT SHEET Page 35 of 37 

W000940-5N-I-R 

7. SPRAY IRRIGATION AND GROUND WATER (cont'd) 

Outfall #003 — Spray irrigation effluent & ground water monitoring 

levels established in Special Condition A of the permit. Continued monitoring for specific 

conductance along with other specific parameters will provide information to characterize 

changes in ground water quality over time. This permitting action is carrying forward the 

minimum monitoring frequency requirements of once per month during the months of April 

and August of each year for the ground water monitoring wells. 

See Attachment E of this Fact Sheet for a summary of the groundwater monitoring date for 

specific conductance dating back to calendar year 2002. 

g. Temperature: This permitting action is carrying forward a daily maximum temperature 

reporting requirement for ground water monitoring wells, which is required to properly 

calibrate specific conductance measurements. 

8. ANTI-BACKSLIDING/ANTIDEGRADATION 

As permitted, the Department has determined the existing water uses will be maintained and 

protected and the discharge will not cause or contribute to the failure of the water body to meet 

standards for Class B (Meduxnekeag River discharge) or Class GW-A (discharges to ground water 

via spray irrigation) classifications. 

9. PUBLIC COMMENTS 

Tate & Lyle Ingredients Americas LLC provided public notice of its intent to file an application to 

renew a combination Maine Pollutant Discharge Elimination System/Maine Waste Discharge 

License in the Houlton Pioneer Times on or about March 1, 2013. Public notice provided a 30-day 

opportunity to request a hearing on the application in accordance with Rules Concerning the 

Processing of Applications and Other Administrative Matters, 06-096 CMR 2(7)(A) (last amended 

May 29, 2013) and Application Processing Procedures for Waste Discharge Licenses, 06-096 CMR 

522(8)(b)(1) (effective January 12, 2001) and for public comment on the application through 

issuance of the final agency action on the application, pursuant to 06-096 CMR 2(16). In 

accordance with National Pollutant Discharge Elimination System Memorandum of Agreement 

Between the State of Maine and the United States Environmental Protection Agency Region 1, 

Section 8.E., each person who receives a copy of a draft permit is allowed 30 days within which to 

submit comments. 
ME0002216 FACT SHEET Page 36 of 37 

W000940-5N-I-R 

10. DEPARTMENT CONTACTS 

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

comments sent to: 

Gregg Wood 

Division of Water Quality Management 

Bureau of Land & Water Quality 

Department of Environmental Protection 

17 State House Station 

Augusta, Maine 04333-0017 Telephone: (207) 287-7693 

e-mail: gregg.woodAmaine.gov 

11. RESPONSE TO COMMENTS 

Fax: (207) 287-3435 

During the period of August 9, 2013, through the issuance date of this permit, the Department 

solicited comments on the proposed draft permit to be issued for the discharge(s) from the Tate & 

Lyle facility. The Department received written comments from Tate & Lyle in an electronic mail 

message dated August 30, 2013, and from the Houlton Band of the Maliseet Indians (HBMI) in 

letters dated September 5, 2013, and September 9, 2013. Responses to comments received are as 

follows: 

Comment ##1: The HBMI has a concern that the ambient water quality threshold of 35 ug/L for 

total phosphorus utilized in calculations of page 18 of the Fact Sheet is not protective of the 

Meduxnekeag River watershed. 

Response #1: The ambient water quality threshold of 35 ug/L utilized in the calculations on 

page 18 of the Fact Sheet should not be construed as the Department's adopted criteria or 

assimilative capacity for total phosphorus for the Meduxnekeag River or any other waterbody in 

Maine. The EPA has recently commented on several MEPDES permit indicating it wanted to see 

reasonable potential calculations in the Fact Sheets of permits. As the Fact Sheet states, the 

Department has based "historic water quality assessments" utilizing a threshold of 35 ug/L. Without 

any formally adopted AWQC for total phosphorus as of the date of this permitting action, the 

Department utilized the 35 ug/L in the calculation to be consistent with historic practices. 

The calculations on page 18 of the Fact Sheet indicate that at full permitted flow, a permitted 

discharge concentration of 0.5 mg/L, a background concentration of 12 ug/L (consistent with the 

EPA approved September 2000 TMDL for the Meduxnekeag River) and the Meduxnekeag River at 

7Q10 low flow conditions, the discharge from the Tate & Lyle facility will only increase the 

concentration in the receiving water by 3 ug/1, from 12 ug/L to 15 ug/L. Therefore, the 35 ug/1 has 

no relevance in the permitting of the discharge. It is only in the Fact Sheet to compare what the 

Department historically used as a default threshold to what the maximum impact to the receiving 

water is based on Tate & Lyle discharging at maximum permit limitations and the Meduxnekeag 

River at critical low flow conditions. 
ME0002216 FACT SHEET Page 37 of 37 

W000940-5N-I-R 

11. RESPONSE TO COMMENTS (cont'd) 

Comment #2 - The HBMI has indicated there is a discrepancy in the timeframe for the applicability 

of the dissolved oxygen limitations and monitoring requirements. On the tables in Special 

Condition A(1) & (2) indicate said limitations and monitoring are required between 

June 1 — September 15 of each year but footnote #4 of page 13 of the permit indicates dissolved 

oxygen monitoring is required between June 1 — September 30. The HBMI asserts the timeframes 

in the tables should be revised to June 1— September 30 to be consistent with Maine Water Quality 

Standards in that the dissolved oxygen standard of 7.0 mg/L for Class B waters must be met 

through September 30th, therefore it would follow that effluent limitations should be monitored 

through the end of September. In addition the HBMI asserts total phosphorus seasonal limitations 

should be consistent with the summer season of June 1 — September 30, as total phosphorus 

concentrations in ambient river water have an impact on dissolved oxygen. 

Response #2 — The timeframe of June 1 — September 30 in footnote #4 on page 13 of the permit 

was a typographical error and should have been June 1 — September 15. This timeframe of 

June 1 — September 15 was originally established in permits for the Tate & Lyle facility (formerly 

AE Staley Manufacturing) and Houlton Water Company dating back to 2003 and has been carried 

forward in subsequent permit renewals based on recommendations in the EPA approved TMDL 

dated September 2000. If the timeframe in the TMDL is modified in the future and subsequently 

approved by the EPA, this permit will be reopened pursuant to Special Condition M, Reopening of 

Permit For Modifications, to change the date accordingly. This final permit is correcting the 

timeframe in footnote #4 to read June 1 — September 15 to maintain consistency with the approved 

TMDL. 

Comment #3: The HBMI assets the instream dissolved oxygen monitoring timeframe of beginning 

"...within 1/2hour of sunrise, provided there is enough light to safely sample, and no later than 

8:00 AM" in footnote #4 on page 13 of the permit may not be capturing the lowest dissolved 

oxygen levels in the river, The HBMI states its historical data indicates dissolved oxygen levels are 

substantially higher (up to 0.6 mg/L) when taken at 8:00 AM rather than at sunrise. Therefore, the 

HBMI recommends a sampling timeframe that ends no later than sunrise. 

Response #3: The Department has historically utilized 0.2 mg/L as the instrument measurement 

error for dissolved oxygen. Based on the data provided by HBMI attached its comment letter, the 

dissolved oxygen levels generally increase by 0.2 mg/L no sooner than 2 hours after sunrise. 

Therefore, rather than establishing a time of 8:00 AM, footnote #4 in the final permit is being 

revised to read as follows: "...within 3/2hour of sunrise, provided there is enough light to safely 

sample, and no later than 

2.0 hours after sunrise." 
ATTACHMENT A 
t•• ,t 

if 0 

z 4If (6 

TATE & LYLE 

HOULTON, MAINE 

DISCHARGE POINTS 

OUT ALL 001A - TREATED PROCESS WASTER 

OUTFALL 002A - NON CONTACT COOLING WATER 
ATTACHMENT B 
PROCESS EFFLUENT & 

BOILER SLOWDOWN 

37,500 GPD 

HOULTON FACILITY 

MODIFIED STARCH 

MANUFACTURING 

NON-CONTACT 

COOLING WATER 

15,500 GPD 

ACTIVATED SLUDGE 

BASIN 

350,000 GALLONS 

#2 EQUALIZATION/ 

PRE-AERATION TANK 

(OLD POTATO BIN) 

218,000 GALLONS 

#1 EQUALIZATION! 

PRE-AERATION TANK 

(OLD PULP BIN) 

75,000 GALLONS 

PRIMARY 

CLARIFIER 

CENTRIFUGE 

TRAVELING BRIDGE 

SUCTION CLARIFIER 

40'x14' 

WASTE ACTIVATED 

SLUDGE 

SUPERNATANT 

AND REED BED 

FILTRATE 

PLATE & 

FRAME 

FILTER 

PRESS 

• BIOSOLIDS 

TO 

LANDFILL 

WET CAKE TO 

LAND 

APPLICATION 

OFFSITE 

TSS & PO4 

REMOVAL. 

ENHANCED DAF 

SLUDGE STORAGE, 

AERATION AND 

THICKENING 

560,0000 GALLONS 

BIOSOLIDS 

DEWATERING —

3 REED BEDS 

OUTFALL 003A -

SPRAY IRRIGATION 

JUNE 1-SEPT Is 

OUTFALL 001A 

(UNLESS LOW RIVER FLOW 

OR LOW DISSOLVED 02 

JUNE 1-SEPTEMBER 15) 

MEDUXNEKEAG RIVER 

JUNE 1 - SF.PT is 

DURING LOW RIVER 

110. OR FLOW 

NO EFFLUENT APPLICATION S 

OCCURRING NOW MONITORING 

WELLS EXCEED SODILnvl AND 

SULFATE ACTION LEVELS 

*WATER BALANCE BASED ON MAXIMUM 

30 DAY AVERAGE USAGE AND EFFLUENT 

DATA (MAY 2011) FOR JAN. 2011-DEC. 2012 
ATTACHMENT C 

I- 
Key to Features 

rieNixmloirna Wags 

Et1IUngManhOCing WO 4 

0 Hew Surface Mat Molts 

&Nod Watu Caatair 

(Weedy Monday 

Road's 

W 

4Z 

we; 

HILLIER & ASSOCIATES, INC. 

10JECT #: 3313 

APPED BY: RCM 

SCALE 1-Inch: 800 Feet 

'OTELS: 

\AW Series Wells located by GPS 

1W Series Wells locations are approximate 

(TW Series Wells are previously existing) 

FIGURE 3 

Ground Water Surface Contours 

(U.S.G.S. Topographic Coverage) 

A.E. Staley Manufacturing Co. 

Houllen, Maine 

45 MEMORIAL CirtCt.t, 5U1iE 300 , AUousrA, ME 

TELEPHONE! (207) 626'0613 FAX: (207) 626-7782 

1ECKE13 BY: JEH 

NW: June 2002 
ATTACHMENT D 
TROUT C_NOEL 100 04/25/2010 0.615 

TROUT C_NOEL 30 10/23/2012 0.615 

TROUT C_NOEL 30 04/23/2013 0.615 

WATER FLEA A_NOEL 8 09/27/2009 0.615 

WATER FLEA A_NOEL 25 04/25/2010 0.615 

WATER FLEA A_NOEL 5.70 10/30/2011 0.615 

WATER FLEA A_NOEL 4 02/12/2012 0.615 

WATER FLEA A_NOEL 30 10/23/2012 0.615 

WATER FLEA A_NOEL 30 04/23/2013 0.615 

WATER FLEA C_NOEL 2 04/25/2010 0.615 

WATER FLEA C_NOEL 2 10/30/2011 0.615 

WATER FLEA C_NOEL 2 02/12/2012 0.615 

WATER FLEA C NOEL 15 10/23/2012 0.615 

WATER FLEA C NOEL 15 04/23/2013 0.615 

471144 of .4Efivrapq751,7 -14 gtel+Pir44 

U0, ' 6tililki& 

15:71111"..IMMTURTMOI at oNniq Rigarblig T , 4A11'.4;,1Vd0' filytatrie,,,m)i • ,en ' niereascli 'efirdp In 

PQ,L. 411 11,44[,, {fig1W AltheN1'.; 41PVel ,51. I, ;fi4 I 

„, ripnTF7 49 .0.4 Jr,ol, Logic Ado .0,04ign„„ „, 41 
ATTACHMENT E 
Total Test 

Number 

14 

Test # By Group 

M V BN p 0 A Clean 

10 0 0 0 4 0 

Hg 

0 

Total Test 

Number 

21 

Monthly Daily 

Test Date (Flow MOD) 

10/30/2011 0.03 0.02 

Test # By Group 

M V BN P 0 A Clean Hg 

10 0 0 0 11 0 F 0 

Monthly Daily 

Test Date (Flow MOD) 

11/01/2011 NR NR 

Total Test 

Number 

18 

Test # By Group 

M V BN P 0 A Clean Hg 

9 0 0 0 9 0 F 0 

Monthly Daily 

Test Date (Flow MGD) 

02/12/2012 0.03 0.03 

Total Test 

Number 

19 

Test # By Group 

M V BN P 0 A Clean 

10 0 0 0 9 0 

Hg 

0 

Total Test 

Number 

1 

Test # By Group 

M V BN P 0 A Clean 

1 0 0 0 0 0 

Hg 

0 

Total Test 

Number 

133 

Test # By Group 

M V BN P 0 A Clean Hg 

14 28 46 25 9 11 F 0 

,--2- 

_ F

- 

'

R 

- 3 - - 

as E dUtES ,7 

Monthly Daily 

Test Date (Flow MOD) 

01/14/2013 0.03 0.03 

Total Test 

Number 

11 

Test # By Group 

M V BN P 0 A Clean Hg 

10 0 0 0 1 0 

Monthly Daily 

Test bate (Flow MGD) 

04/23/2013 0.03 0.03 

Total Test 

Number 

21 

Test # By Group 

M V BN P 0 A Clean Hg 

10 0 0 0 11 0 F 0 

3_,, ..4,- - - a=71.---r-- -,,_ 

r-j.W,---.- ----..= -,-e - • =,17. --ZE'''"--'...-- ----- -'6'.----7s.„ L-....'-.,---_,W,7-:,-th--.7.-----,P--7-'''--.=1" --a ,

...------„,- - - _ ______-_,__ --- 4,-7-- -,-=.Th"---'- 

::-,,... .9:-. ,,,,._,_. •---._-:.7.T,-,'-r""---':,`'-'--E,=.'6. -- -' ...i-E-, 

---4APIttOniftgatittrAMPATAISMIWAlt 4 F-4 ---"' ,-.-- -1yR .4, -,.-_, _ .._ r,.______-,....--,--, 

-- „.---,,,,,._, -- K 

--____,.-, -----_-., --.,, _ ...,,,,,==..,-----,,-...._----- ---- - .... -•=73=•Z a 7 -,'" . -.,SL- i --L,..&..‘''...''.-'.' 

---r - -.--- , ----7--- --__",-_--- 

,- -e It06 i3 tAtigA00 

-4-'--- ..--- -

Facility Name: TATE & LYLE INGREDIENTS NFDES: ME0002216 

Monthly Daily Total Test Test # By Group 

Test Date (Flow MGD) Number M V BN P O A Clean Hg 

06/10/2009 0.03 0.04 14 10 0 0 0 4 0 0 

Monthly Daily Total Test Test # By Group 

Test Date (Flow MOD) Number M V BN P 0 A Clean Hg 

09/27/2009 0.03 0.03 20 9 0 0 0 11 0 l 0 

Monthly Daily 

Test Date (Flow MOD) 

10/29/2009 0.03 0.04 

Total Test 

Number 

21 

Test # By Group 

M V BN P 0 A Clean Hg 

10 0 0 0 11 0 F 0 

Monthly Daily 

Test Date (Flow MOD) 

04/25/2010 0.32 0,03 

Monthly Daily 

Test Date (Flow MOD) 

06/17/2012 0,03 0.03 

Monthly Daily 

Test Date (Flow MOD) 

07/24/2012 0.03 0.04 

Total Test 

Number 

11 

Test # By Group 

M V BN P 0 A Clean Hg 

10 0 0 0 1 0 0 

Monthly Dally 

Test Date (Flow MGD) 

10/23/2012 0.03 0,03 
ATTACHMENT F 
'PATS; it LYLE 

IRRIGATED FIELD 

MONITORING WELL, RF.SU1118 

TABLE I 

SITE DATE (unthaskm) 

COND WIIVITY pH 

(2.0) 

AMMONIA•21 

Ocia. 

H1TRATBN 

(me) 

11(M 

(110) 

Soclitan 

(rn,PA 

S1171ATEt 

' (4554/ 

COO 

(fdM) 

TOTAL I' 

1110, 

MW41 

, __ .. . 8/30e2 6% 7, . <2.0 6.43 40 33 42 <3 036 

, 898102 661. 7,31 <2.0 8.49 <1.0 I 6 52 . 7 0:65 . 

124702 804 6,14 42.0 3.41 40 3 46 <1 <0.05 

3/10,03 - 660 7.37 <2,0 4.12 '450 12 20<5 005 

5,27/03 615 1.321 . 40 3.09 40 8 39

... 

<S 0.05 

$119183. 692 7,05 ..F2-0 fia 4o 

3..

n <4 -,o,os 

11/18/03 ' 493 6;23 520 I:17 <20 3 ' ' 36 <5 ' 0,11 

416/04 370 7,88 <2.0 / 124 2,6 22 15 <3 - 0.11 

8/28/04 1110 . 7.30 L 4.0 . 10.80 =2,0 85 258 ' 9 <bos 

11/2/131 '742 7.17 4.0 1.33 <2,0 3 40 8 <0.0$ 

4/10/03 36$ 126 ' <1.0 089 40 2 it .4 . <00$ 

8/16/05 448 6.65 40 141 <2,0 10 36 4 40 . 1118105 ___ .. 818 124 40 ' 3,22 - ' 40 93 219 S <00$ 

415104 lsi 716 <20 2,83 , <2.0 51 141 <3 <0.05 

VIM 1290 6,89 <2.0 329 4,0 115 328 7 <0,05 

1019106 668 7:00 <2.0 1.21 <20 82 201 8 <003 

03007 431 7.36 <2.0 ,. 1.80 <2.0 29 68 . 4 <0.05 

sifiOr 619 . 732 4.8 2.61 I. 40 20 - , ' 126 ' - 6 <0.05 

11/1/07 2480 7.09 40 1.56 _4.0 $4 110 <5 <005 

.071o3 

- 

528 6.91 . <7.0 0.48 <2.0 34 36 <5 <11.03 

21/13/08 661 - 701 <2A 100 <2.0 34 ' 16 „--._ _.. 11/17.18/08 508 121 <2.0 , <I.0 <2.0 29 ''43 

4/2&w 526' 7.06 42,9 1,20 <2.0 24 36 . 

8119109 671 ' 7.03 <2,0' 1.10 <20 28 39 

11/21/09 596 ' 7.10 ' <2.0 ' ‹Lo 42.0 „24. 3 .... 

4/28n0 911 733 4:0 <1.0 420 20 24 

8217/10 686 7.28 <2,0 <1,0 42,0 21 53 

1111/10 721 620 <2.0 IA 4 3$ $6 

4120/11 429 6.83 4.0 <1,9 40' ' is Is ' 

. 8/16/1I 665 7.06 .c..ii <1.0 <2.0 20 Id 

12/2/11 684 6.80 12.0 <1.0 <2,0 28 40 

4/25/12 551 7,26 <2.0 <1.0 <1.0 29 14 

824/12 337 115 <2,0 1,3 <20 13 14 

Ilion? 449 , 7.40 /4 1.0 ' <Z0 i? 20 

711101,21 won .606 2.0 0,18 <5 ' 40.03

8/781 

<2.0 41 40' 

02 685 ' 

711.::329$ ' 

40 0.74 40 61 107 9 <005 

i2/10,v2 688' ' -4.0 1229 <10 61 103 4 20.03 

3111103 977 128. 42.0 0.16 <1.0 • 122 203 <5 0.08 

-1/12101 673 7.32 <2.0 . 0,16 <S '' <1i3

8/1903 

.2.0 p 92„ 

 - 728 "7.18 <2,0 , 2,42 ' 510 , 43 . , 41 <4 <0.05 

11/101 322 709 4,0 0.23 <20 128 79 __ 4 0.14 

436/04 33$ 7,53 <2.0 0.29 .44 20 23 <5 0.74 

8/2944 1200 110 40 1.86 <2,0 110 290 , 6 <+.03 

11/1101 461 '7.49 <2,0 , 0.70 ' ' 4,0 70 162 8 <0.05 

44003 . 5472 7.47 <10 0.57 40 54 127 <3 405 

8/105 2 03 0 7.41. 40 0,12 

,-- 

4.0 Ill 449 <5 <03 

11/8/03 685 7.09 40 331 <10 96 265 "Y 5 .403 

4/5/06 1330 1' 7.16 '<2.0 1.41 <2.0 117 474 v ' <3 <0.03 

811106 640 r 7.21 40 1,06 , <2,0 18 308 3 <6.os 

1117106 498 102 <2.0 1.18 „ 40 90 266 <5 ' 0.47 

4/3007 753 7,19 <2,0 1,00 2.9, 47 139 <5 405 

' "8/1/07 . 611 ' ' - 7.06 40 1.09 4,0 121, 354 , <5 <0.05 

1111/07 1440 7.19 <2.0 060 40 89 228 <S <005 

4/29108 428 7.08 11.0 0.18 <2.0 14 34 =,5 ' 4,03 

8/20/08 - 318 '119 4.0 <1.0 42.0 37 84 

11/17-113108 550 ' 7.06 <2.0 <I0 <2.0 . 18 34 

4/24/09 431 7.0,4 <70 <1.0 <2.0 21 . . 42 

8/19109 604 111 <2.0 <2.0 <2.0 25 52 

1111249 623 641 <2.0 . . <1.0 , <2.0 22 45 - 

4/78110 1157 748 40 <10 <2.0 27 59 

8118,10 667 6,62_ 4.0 . <1,0 40 41 77 . 

11/3,10 675 6.47 1 <2,0 <1.0 <2.0 41 19 

- 4,20/11 494 7 6.39 ' ' </0 _ <1.0 <2,0 16 50, 

8/16/11 611 72 12.0 <1.0 <2.0 34 65 

11/7111 527 6.96 _ . 40 <1.0 40 14 33 

4/25/12 537 7.17 40 4.0 40 33 5/ , . 

8/4/12 558 6.96 

... 

4.0 <1.0 <2,0 26 43 

11/16/12 616 7,12 <2.0 "Co .<2.0 ' 20 38 

17_02/2012 

Tit4 &WNW Rtp.484 144,3 1 416 
TATS & LYLE 

IRRIGATED MID 

MONITORING WELL RESULTS 

TABLE 1 

SITE OATH CONDUCTIVITY 

(um1ost-M) 

pH 

Oa) 

AM310,\IIA-14 1NITRATE•14 

041) . ODA 

TEN 

(m 11) 

803E10 

OA 

SULFATE 

0143/11 

COD 

0,43/1) 

TOTAL P 

(W) 

MW-3D 5/3002 1113 7.49 <2.0 . <0.05 <24 135 249 <-5 <0.0$ 

sa am 914 725 <1,0 0.84 <2.0 278 249 II <0.05 

1/11002 . 16.20 , „ _ 101 <2,0 007 2.4 219 441 <5 <0.05 

3/11/03 1890 7.18 <2.0 <0.05 <2,0 26/ 581 • <0.05 

5/27,03 1840 7.17 <2.0 <105 <10 260 664 <5 41.05 

1/19/03 1Q10 110 <2.0 2.83 4.0 106 85 .543 

11/13.01 945 6.70 <2.0 0.06 4.0 37 207 <5 0,63 

4'6/04 . 604 7.42 <2.0 , . 0.19 <2.0 90 87 0.08 

3/19/114 1490 7.10 <20 0.12 <2.0 153 r 293 c5 "0.05 

11/2/01 418 740, 4.0 0,69 4,0 20- 214 11 <0.05 

4120/05 1600 7.92 4.0 <0.05 4.0 232 472 6 . <0.05 

446193 531 7.53 <2,0 16.20 4.0 254 810 9 <0,03 

' 1113/03 1780 7.02 <10 3,79 4.0 316 724 7 <9,05 

415X6 314 1.25 <10 -6:34 <2.0 

. " 120 12 <0.05 

811106 868 7.19 <2.0 0.05 <2.0 173 383 <5 '40,05 

12/7106 411 6.98 <2.0 0.69 <2.0 161 282 <5 "0.05 

4110/01 647 7.19 <24 <1:0' ' 40 70 161 <S 4,05 

811107 220 7.19 <2.0 0.47 <2.01. 100 7 <005 

1111101 461) 7.07 <2.0 0.61 <2.0 82 132 ' <5 ' <045 

429103 164 6.83 4.0 0.08 <3.01 9 11 <5 <0,05 

8120/09 194 6.76 40 <1.0 <2.0 i4 6 

11/17.19/09 221 6,95 <2,0 <10 -4,0 9 9 

4009 199 6,57 <2.0 <1.0 4.0 9 11 

$119.09 iii , 6,34_ <2.0 <1.0 4.0 8 11 

11/22/09 340 6.76 <2.0 <1.0 2.0 8 II 

4/28/10 1126 7,02 4A <10 1.0 8 15 

8/18/10 196 4,40 <2,0 <10 4.0 5 7 

11/3/10 719 6.20 <2,0 <1,0 <20 98 107 

440/11 189 6.43 ' 10 , <1.0 <2.0 5,6 

8//6/11 206 66) 4.0 <1,0 

,---., 

,<2,0, 4.7 5 

11/2/11 206 661 <24 <1.0 <2.0 • 5 <5 

05112 112 6.94 .2.0 <1,0 <2.0 1.9 11 

3/4/12 220 6.34 . , 4.0 <10 <2,0 4.7 

11116112 154 7.02 <2.0 1.0 , <20 4.2 

. 

1114V-1A 1/30/02 051 7.23 <2.0 1.91 <1,0 1 199 7150 11 <005 

803/02 4600 7.06 <2.0 5.94 <2.0 1030 2334 23 <0.05 

12/95)2 5340 6.84 4.0 5.64 F <2,0 1034 2125 17 <0.05 

3/10/03 5500 102 < <2.0 4.99 <10 1151 2484 15 <0.05 

5/27/03 5370 7.07 <2.0 5.97 40 1098 2210 14 <0.05 

8/19I03 5270 6,91 4.0 15 91 <2.0 964 1676 <5 4).05 11/185)3 5180 6.41 <2.0 6.76 <2.0 1038 2412 18 0,09 

4.04 . 4900 7.24 40 7.18 <2.0 1095 1867 24 0,06 

8/29/04 3290 6.98<2.13 1,90 4,0 599 1246 20 <0.05 

1 rii,t4 5460

.- 

6,93 <2.0 4.0 2 933 1317 23 <0.05 

4/20e05 3890 6.10 4.0 131 12.0 859 1373 17 <0.05 

3/16/05 340 1.25 40 4.44 . <10 496 1264 26 <0,05 

11/8/05 3430 7.03 4,0 4.20 .2,0 .5413 1136 31 0.06 

41556 2510 7,22 <2.0 1.64 <2.0 567 692 29 <0.05 

8/1/06 2330 7.04 <20 2.26 <2.0 , ,,, NO , 5)2 26 <0,05 

11/14/06 1705 689 4.0 1,82 4,0 549 531 <015 

4/31)07 __ _1720 7,10 40 1.80 4.0 406 500 17 <005 

9///07 1260 7,23 40 1.53 2.0 412 504 17 <0,05 

1111/01 2280 7,13 <2.0 150 <2.0 4 9 430 17 <04 

4/29.108 1910 7.53 4,0 1,35 4,0 336 224 10 :405 

8/13/03 1400 7,22 40 1.60 ' 4,0 309 169 

11/17.18538 1390 739' <2,0 1.17 

.. 

<2,0 231 11$ ,i11 t44 15. 50 7.18 <10 1.20 4,0 267 107 

81(8209 1290 7.47 <2.0 1.40 <2,0 256 92 

I 1/2 I/09 1340 7.22 <2.0 <1,0 <2,0 307 83 

, . . 41231E0 940 790 I <2,0 1.70 <2.0 239 63 

8/17710 1181 6.32 9.0 164 <2.0 225 , 64 

1172)10 1170 655 <2.0 1,59 , <2.0 235 65 

9/21/11 1040 , 674, 40 1.33 i <2.0 210 56 

8474 j 1130 7.33 <2.0 <1.0 4,0 224 

11/1711 994 7.48 12.0 1.10 4.0 221 4-4 

445112 847 7.5 40 1.05 4,0 193 29 

314/12 902 1.47 12,0 1.01 <20 212 50 

11/16/12 043 7.61 <2.0 1.2 420 207 43 

11420012 

Tate& Lyle/HY/ Ktmlis hia 2 a 1.6 
TATE & 7,1/7-4 

IIMIGA111) FIRI.D 

14101417011114G WELI.1114S11111-8 

MOLE 1 

81713 HOB 

CONDIJOHVHY 

(uintaom) 

pH 

(s.9.) 

AMMONIA-01 

01$11) 

N178ATE-14 

010 

1X14 

r (iTtO) 

&Aral 

(mg) 

31,11.37ATH 

OA 

C01) 

Sniel) 

ITOTAL r 

9710) 

84W-30 mom .560 7.61 <2.0 10,1 .2.0 1273 2311 . 9 <0.05 

vuroa $010 1.00 4.0 1,16 <2.0 0346 2697 31 <0.05 

127102 6280 6.83 4.0 /1.44 <29 1255 516 25 4.05 

3/10103 6190 6.99 t0 11.1 <2,A , 1343 2677 22 40.05 

3/27/93 5930 7.07 12.0 106 .0 1284 2432 28 4.05 

8/19103 391 6.91 4.0 39.9 <2,0 1084 1213 22 403 

11/18.03 5119 6.47 4.0 _ . 7.0 4.0 1214 1917 37 4.16 

4/64>1 200 12,6 <20 9,60 <20 1212 5983 40 0.09 

3/211/04 5340 7.04 <20 833 4,0 1173 2163 31 405 

14/2/04 650 Oh 4.0 6.01 12.0 1174 268 34 "0,05 

.4t20; 45 5000 6,61 <2.0 5.34 4,0 1049 1686 29 405 

8116/Q5 3970 7,28 <2.0 6.97 <2.0 845 1354 33 405 

11/205 3440 7.10 <20 5.62 4,0 806 

, 

1162 33 0.13 

44/(15 2516 - 730 12.0 2,18 49 587 632 

559-1.--l0 31 

45 4.05 

11/1/05 2390 7.25 4,0 2.53 <2.0 0.05 

11/14/96 1891 6.07 2 95 <2 0 522

.,

.0 639 SY25 405 

41396117 2030 7.33 4.0 250 4.0 501 131 20 <0.05 

.811107 4 1560 7,18 <2,0 2,34 <2.0 500 399 24 0.11 

I Ifitirl 2540 3,21 <2.0 2.01 "4.0 546 439 "ft 4.05 

412948 1560 7.35 4,0 2.06 <2.0 373 200 24 0.05 

8/13/138 1510 7,27 40 4.60 <2.0 367 189 

11/17.18/03 1640 7,46 <2.0 1.47 <23) 339 161 

4/2809 1610 7.35 <2.0 1.10 4,0 316 133 

8/18,419 1470 7258 <2.0 1,50 -4.0 313 130 

11/210 1560 7,29 4.0 <1.0 -40 383, 141 

4/28/10 057 7.57 T <2.0 0.50 <2.0 285 119 

1/17/10 1317 6.86 4.0 1,42 4;10_ 295 117 

. 

- 1172/10 1420 6.55 <2,0 r 1:30 .2.0 309 125 

f 4/21/11 1190 6.77 49 1J3 40 246 ` 75 

3/17/11 /160 

.. , . 

7.5i 

- 

- 4.0 <4.0 4,0 227 64 

11/2/11 1270 7.35 <2.4 ' <E ,0 4.0 244 a 

OM 2 1030 ' 1:87 <2.0 1.13 4.0 243 42 

3/4/12 933 1.51 <2.0 _ 1.03 <2.0 .209 58 

' 11/1012 051 7,0 <2.0 1.6 120 200 48 f 

MW-I 54042 1109 743 <70 0.06 <2.0. 113 303 24 403 

8/200 867 255 <2.0 4.50 2.0 35 5 40.05. 

3/1003 726 7,67 12.0 403 4,0 31 " . 

303 

397 <5 0.12 

3/27/03 846 1,61 <20 <I.05 4.0 36 199 <5 4.05 

3/19ffi3 920 7.31 <2.0 0.70 <2,0 31 ' 63 <5 <0.05 

111184' 90 7.10 40 0.10 4,0 44 59 <5 0.24 

416101 559 7.94 4,0 4.05 <2,0 52 83 4 0.12 

848104 660 7:26 * <2.0 c1.13$-- 4.0 /3 ' ' 129 5 405 

10/2/134 1030 7.47 <2.0 '*05 <2.0 33 079 0.25 

4403 602 5.50 <2.0 401 <27 5 181 4 ..0.05 

8/1605 509 7.14 <2.0 4.50 <29 19 130 <5 <0.05 

ii/8A13 527 ' 7.47 40 0.0 4.0 28 257 <3 <0,05 

.4/5106 626 742 <2,0 MO <2.0 26 154 7 "005 , 

k 811A16 463 7.47 <2,0 <0.50 40 25 BO <5 0.01 

,. 41/44106 . 621 . 734 4A <0.03 7471----27 r 141 4.05 . 

4/3007 462 74 4 <20 -,0 4 <2.0 33 125 . <0.03 . 

8/1107 485 7.45 <2.0 <0.03 <2,0 27 MO <0.05 

1111197 692 7.4240 <0.05 4,0 33 161 <5 <0.05 

4129,43 612 7.46 y Q.0 -405 <2.0 29 049 <5 qt.cs 

vivo 651 1.36 4,0 <1.0 49 25 133 

11/17,18838 752 7:56 <1.0 40 24 147 

4/28/09 867 

' 4'2000 

<1.0 4.0 24 162 

8/18.4b " 678 7.'75'47 ' <1.0 <2.0 22 136 

10/1249 662 7.38 12.0 <4.0 40 2$ 136 

4/27/00 926 . 712 4,0 <1.0 <2.0 20 1/3 

8/18/10 735 6.89 <74 <1.0 <2.0 , 25 , 154 

11/3110 712 6.66 4.0 <1.0 <70 24 111 

4/20/11 752 6.56 <2.0 .<1.0 4.0 21 133 

846(11 52 7.9 <29 <1.0 <20 24 147 

11/2/11 640 7.26 12.0 <10 4 0 22 112 

4/25/42 632 7.33 <2,0 <1.0 -4.0 22 126 

4/24112 632 7.13 12.1 <4.1 <2,./ 22 126 

L 446/12 632 7.33 •42.1. <1.1 4.1 22 126 

814)42 669 7.55 -4.0 .1.0 4.0 25 137 

11117/12 673 7.60 4.0 1.0 <2,0 76 133 

1 A 

12/114612 

T114,4 tyia MW lissukt 21/.43.76 4
TATE & LYLE 

IRRIGATED FIELD 

MONITORING WELL RESULTS 

TABLE 1 

SlIE CONDUCI1VITY DA711 (/.46:4,12m) 

p1 

(3,a) 

AMMON1A-21 

Sr1811) 

NITRA7444 

(m&1) 

VW 

08152 

&alum SWIM COD 

Ova • 01,2/17 0712113 , 

TOTAL P 

(rte.) 

31W-5A $./30,172 419 7.77 4.0 007 <2.0 8,7 37 <S 0.07 

8/28102 473 7,55 <2.0 0,50 ‹ro 162 363 j 005 

12/10.02 528 7,33 12.0 0,13 <0 7.6 23 <5 4.05 

3/11/03 47$ 7.54 <20 010 <0 7.0 26 <5 <0,05 

5/27833 510 7,30 - 79. 0,07 <2.0 6,6 28 <005 

811110 603 7.28 <2.0 0.97 <2 0 8.j 13 0.07 

1108403 502 6.95 <2,0 <0.09 12.0 7.6 243 <5 0.44 

oioi 359 '7.74 <2.0 0,05 <2,0 1.6 16 ' <5 kl 5 

848/01 4' 1 7.27 <2.0 0,08 1.0 7.9 25 7 <045 

16/1/04 679 146 .2.0 0.06 <1,0 g.i ' 33 ..- <OM 

41201135 39/ .09 <20 0.05 <2,0 7.4 27 <3 0.06 

8/16/05 _. .„ 2j1 7.54 <240 <030 <2.0 7.8 25 <3 '-0.0.3 

11R/05 391 7.24 <2.0 0.11 <2.0 7.7 28 <5 <005 

9/5/06 456 141 <2.0 0,05 <2.0 6.8 21 5 -007 

/06 329 0 003 • M1111111111911111 <005 

11/106 422 6.95 <2,0 0.05 <2,0 9.6 19 4,05 

4/30,07 115 7.32 <0 <10 <2,0 7.0 IS ' 4105 

811107 313 217 <0 <009 <2.0 , 7,8 24 <0.05 

' 11/1107 408 7.22 <2,0 <0.05 1:0 9.4 21 ' • '<al:4 

449108 448 737 4.0 <0.05 <2.0 6,2 16 .0.05 

9/13/08 472 7.21 <2,0 "<1.0 <2,0 .8 18 

114/7.11.01 581 7.35 <20 <1. <2,0 64 17 

4/24/04 373. 146 <7.0 <1.0 <4.0 5.8 15 

..8/196179 962 7.47 <0 .., <1,0 .2.0 4.1: '16 

i irono - 566 1.21 ' ' .2.11 <1.0 .2,0 7,2 ' 16' ' 

4/27/00 1037 7,26 <2.0 1,40 Q.0 5.7 14 

VW 0 482 7.3.6 4.0 <1.0 1,0 6,1 ." ' 17 

1111/10 471 6.58 <2,0 <1.0 .2.0 6,1 16 

4/26111 469 616 <2.0 .0.0 ' <1.0 5.8 19 

8/16/11 454- ' 7,59 <2.0 <1,0 <2.0 6.1 13 

1 I I 454 7.2' <2.0 <1.0 4,0 6.5 ' - 12 

4/25/12 4 7 7.38 . 1 • <1,0 <2.0 15 12 

84/12 473 7.36 1,0 <10 40 5.8 15 

11/11/12 400 7.19 <2.0 1.0 <2.0 6.0 11 

hISW515 5/30/02 851 4.68 <2.0 .0.05 </,0 57 206 0.05 

81211/02 793 7.56 <20 0,72 12.0 18 119 <0,05 

12/1 2 523 7, 3 <20 013 <2.0 7,6 . 29 :44,03 

5/11103 1310 1.3.2 1,0 .005 <2.0 M 31/ <0.05 

5117(03 1190 7.42 <2,0 .0.05 <2,0 75 148 <0,05 

0)19503 1340 7.30 <2.0 4.02 

405 120 

<2.0BIEN , 4)05 , 

11/18/03 1220 220 10 028 

4'6,04 928 746 <2,0 <0.05 <2.0 111 203 0.08 

8128104 1360 7.30 <2.0 <0.43 <2.0 131 387 ' <0.03 

114/04 1670 7.25 <2.0 <0.05 <217 132 343 <0.03 

4/201 1310 699 <2.0 <0.05 <2,0 130 425 .0.05 

IIEMZEINMIIIMIIIIIIII 

114/03 903 J 

<2.0 <030 <2,0 119 3 4,05 

<2.0 <0,05 <2.0 126 483 0,1 

4/5406 1280 7.36 <0 <0,0$ <20 48 398 0.05 

MO 777 7.3 <20 -I2)5 <2.0 106 323 0.05 

11114,6 909 7.00 11.0 <0.05 <2,0 92 279 - 4,05 

4/30437 852 1.31 <1.0 <1.0 <2.0 92 27/ .005 

8/107 650 7.30 <2.0 <0135 <2.0 95 330 <0,95 

1111101 1660 7.15 <2.0 4.05 <2.0 101 311 0.09 

4/79104 1240 7.29 134 0.05 12 331 10 <0.05 

803108 1180 7.16 <20 <1,1) <3,0 106 320 

11/1748.03 1276 734 4.0 <1.0 <2.0 104 321 

4178107 1410 7,14 <20 <1.0 <20 /01 317 

8/17/00 110 7.48 <2.0 <1,0 <0 91 289 

11112/49 1750 7.26 <20 „ <1.0 <2.0 911 213 

.----.... 4/2140 564 715 "2.0 <1,0 <20 42 140 

3/18.40 519 7.2$ .1.0 <1.0 <0 52 - in 

1113/10 814 6.71 <2.0 <1,0 <2.0 63 199 

412011 1260 7.61 <20 <1.0 4.0 106 377 

3/1641 348 7.39 <20 <1.0 4.0 7.2 17 

11/2/11 1390 7.26 <40 1,0 <2,0 107 296 

4/23/12 1020 73 <143 <1,0

.. 

<7.0 104 20$ 

81442 1190 751 <2,0 <1.0 1.0 109 303 

13/17/12 1120 7.10 <2.0 1,0 <2.0 102 '314 

124112012 

Pogu4 ofd ida It 416144/Rol& 
TATE & LYLE 

IRRIGATED YIELD 

MONITORING WELL RESULTS 

TABLE I 

$1113 OATH 

• • • • • (umhoWen) 4.11.). 0110 01110 (rAgil) ( 00) (m$!1) (rnsfi) ( 

81Y.1 3/306)2 146 737 .2.0 0.05 <2.0 4,1 8 <5 05 

8/28232-' 18$ 7.14 .2.0 <0.50 <E0 - 4,5 ' <5 ' 19 <0,05 

12/1 0.02 177 ._._ 7.34 <2.0 0.34 .2.0 43 8 II .0.0.5 

3/27/03 171 , 161 <2.0 ' 0.14 ` 4.0 5.6 1 8 <5 - .1103 

3W.2 - $0402 137 7.19 .2.0 0.07 Ica 5.3 7 3 .0,03 

8/21$22 164 7:92 .7.0 <9.50 <2.0 4A <5 20 <00$ 

12/1662 176 1.21 <2,0 0,24 <2.0 6.5 11 <0,03 

3/10103 196 7.06 <2.0 0.71 25) 3.3 

16 

10 8 .1305 

3/27103 193 7.63 <20 0.17 <2,0 7.1 /2 ,-, 9 -1005 

Tw•1 5/10,02 1094 7.57 40 0.04 , 4.0 147 239 7 007 

$121103 12113 7,12 <2.0 ' 0.06 .20 142 :184 7 OAS 

8/1900 1170 6.96 4.0 2.69 40 124 90 .3 0.08 .. 

;Wok) ---- • 1780 6.74 .2.0 <6A} 4o soo 349 <5 0.06 

4'6104 861 7.36 <2.0 <0.05 <2.0 167 151 

_ <5 _

45.114 

8/29/04 1 110 7:27 <2.0 ,020 <2.0 144 , 103 12 0.09 

II/2/04 1400 6.87 .2.0 0.05 E <2.0 141 193' 12 4),05 

4/19a03 6.61 3.22 <2.0 0.05 "2.9 102 ' in •50:09 • ,o5 

Mew 626 7.30 <2.0 :410 <2.0„, , 114 63 13 0.18 

1118105 ' . 814 6.96 <2.0 .0,0) ., 138 ; 1,36 12 0.05 

4.15/06 440 6,77 4.0 00$ <2. 44 57 18 0.41 

8/1/04 551 6.97 <2.0 0,09 2 95 71 38 0.29 

12/7/06 , , 360 . 6.88 r- <20 , 006 , 45) 63 67 . <3 ,,,; 0,05 

,..... oiliros $49 7,03 <2.0 ..,.. <1,0 11.0 54 7$ , , <5 0.05 

111141 1460 7.12 

6.86 4,0 

<2.0 

811107 3 4 <005 12.0 82 95 11 0,11 

1.61 2.0 86 ' 113 1 006 

4,29/03 698 61 <2,0 4005 4.0 - -7'0 ' 111 . -4.3 <0.05 

8/13/ 783 6,80 '<:11 210 <2.0 80 ' . 44 

11/17.18/18, 837 7,1.5 <2.0 <1,0 <2.0 71 I 6 i 

449109 790 6.9$ <20 , <10 <20 40 , 30 i 

8/151iii2 ' " 743 6.88 .2.0 <1.0 <2.0 67 13 

11/21,09 715 6.93 <2.0 <1.0 <2,0 65 j ' - 68 

4/27/10 358 6.90 4.0 <1.0 <2.0 - 50 44 

C0NDUCI1vrr pH AMMONIA-I1 NITRATE-21 WI Sodium SULFATE COD "TOTAI, P 

10/10 " 520 

4110111 811 

6.03 2Q 41,0 <2,0 31 50 

1:37 .2.0 <1.0 <2.0 56 22 '" 

8/1W11 848 7,2 <2.0 <1.0 <2.0 50 20 

11/2/11 748 6.85 40 i 140 <2.0 41 23 .-........-... 

40/12 39 E 7.05 4,0 <1.0 12.0 94 12 

8/4112 742 6.82 <2.0 <1.0 .2.0 30 1) , 

11/17/12 ' 708 7.00 <2.0 1.0 <2.0 at J 26 

IlY•3 3/38/02 

1936573' 77175 

<20 0.08 420 334 1091 <3 011 

8/202- <2,0 1.55 .2.0 230 473 II '' <0015 

12m23 1910 7,14 <2,0 0.43 <2,0 302 624 <5 <005 

5/2761f ' 1980 1 7.27 <20 _, , 0.07 <2.0 328 1 111 <5 0.06 

8/19103 - 1940 790 <2.0 2.42 _ <2.0 282 ' 369 <5 <0,05 

11118103 1930 6,78 4.0 ,.. 000<20 300 I 148 . 0.09 

4104 1650 1,53 11:0' .0.05 <2,0 277 ' '300 , . <3 0.32 

8128104 1380 i15 . <2.0 0.10 <2,0 187 ' 217 5 <00$ 

114104 1710 7.14 <2.0 , .„ 0.13 . <2.0 210 346 ,_, $ " <605 

4120435 1600 7.61 <2.0 905 <2.0 248 362 <5 0.11 

0/1905 1560 7.34 '-' <2.0 <0.50 <2.0 258 ; • 552 <5 0.26 

. UAW 1660 7.08 .2,0 .0.03 2.0 256 , 50 5 0.17 

4/505 ". T$90 2.26 4.0 _ 0.4 <2.0 231 464 7 0.14 

8/1235 935 7.14 12.0 ' 006 12.12 219 392, ,„ 8 0.05 

1217X6 230 7.03 4.0 0.41 <2.0 237 402 <5 4,05 

40007 31.1" 7,31 <2:0 <1.0 '4.0 41 46 <5 " .005 

2/037 906 7.05 <2.0 .0,05 4.0 97 ' 146 <3 069 

11/i/07 910 7.03 40 0.27 "740 80 ' ' 81 <5 6.! 

4/29,,04 951 7.16 <2.0 <2,0 " 174 249 <3 -00.5 .. 

8/13.'08 . 1190' 7,1) <2.0 

,

.0 181 266 

1).1047 

<2 

11/17.18108 1230 2.25 <2.0 <10 <2,0 155 232 

4010 1210 7.26 , 42,0 41.0 . 12.0 138 „ 196 

8/18/09 1080 7.11 <3.0 <1.0 <2,0 , , 143 26 

11/31/09 

4/27/10 

1090 7.03 '<2.0 140 

osi • 7;17 

<2.0 <1.0 174 

<30 - " <1.0 <to 131 ' 1,67, 

8/17/10"' 941 0.,94_ 4.0 .1.0 4.0 /19 , 15$ 

11/2/I0 789 6.15 41.0 <1,0 <2.0 90 191 

1_4.aiii1 733 - - 4:64 4.0 <1,0 <2.0 65 , 88 

8/17111 610 7,85 4.0 <1,0 . 4.0 SS 23 

1112111 113" ' 7,2 <2.0 <1.0 4.0 78 "12 

4/21/15 , 655 '..7.1$ .2.0 <1.0 <2.0 58 " 51 

8/4/12 , ' 876 7.21r- <2.0 <1.0 .10 61 119 ' 

„ / I/16/12 , 140 7.26 .2.0 1.0 42.0 23 80 

12/12/2012 

1444.54:44 7sts &101a1,4W Rep.AN3 
TATE & LYLE 

IRRIGATED HELD 

MONITORING WELL RESULTS 

TADLE 1 

SITE DATU CZINDUCTIVIFY 

(turaw/cm) 

r11 

(s,u.) 

AMMON1A44 

0111/0 

1171RAliN 

Ovel) 

71(21 

1n 1) (RO) 

SodiumSULFATO 

OEM 

all 

(113 0) 

TM.ALP ' 

((ngA) 

T19.6 8/28/02 , 2770 7..52 <2,0 2.113 20 635 572 19 0l3 

5727X0 2840 7.30 <2.0 3 0.06 <2.0 $30 ioj 16 <0.05 

8/19/03 3010 7.18 <2,0 2,13 <2,0 $17 425 12 0,12 

11/18,03 3370 6.98 <2.0 2.29 <20 _617 1542 50 2.56 

416/01 1110 735 2,0 0.18 7.4 381 400 122 0.61 

11/2/0.1 3730 7.11 0.„ 1.40 1 678 1302 19 0.28 

4gW_3 0 2300 6.29 12.0 ,0.14 .<2.0, 436 $13 17 0.3$ 

8/16/05 1760 '7.57 <2.0 <0.10 2,5 29 786 12 0.7 

11/8/05 1600 7.28 .-2.0 0,14 <2.0 337 501 21 0.28 

440 1220 7.78 3.0 0.06 54 215 1365 47 0.9 

th'io 801 7,441 <2.0 0:25 4,9 131 304 20 74 

1117/06 704 7.18 <ra to x2.0' 173 366 <3 0.17 

4/30/07 601 134 <20 <1b . <2.0 144 127 12 030 

8/007 374 7.31 2.7 0.16 3,8 145 102 14 005 

4/29/03 456 7.36 X2,0 0.10 <2.0 MI 54" 13 <0.0$ 

' 8%1d'03 1102 7.15 <10 . <1.0 . 2.0 293 197 

II/17-18103 818 8.17 <2.0 <1,0 , 2.5 14-4 105 

4129/09 890 1.33 <2.0 <1.4 40 118 71 

8/19W . 1080 7.35 <2.0 <1.0 <2.0 161 140 

11/22/09 816 724 7,5 <10 2.7 130 90 

4/2700 896 7.21 <2.0 <1.0 <10 99 20 

11/3/10 799 ' 5.79 <2.0 170 <2.0 , 126 81 

4/20/II 5% 6. <2,0 <1,0 40 92 52 

8116111 449 7.41 9.3 . <1,:0,, 10,6 56 38 

1 lam i 803 '7.13 <2,0 <1.0 <2.0 .134 43 

40,54 580 7,23 <2.0 4.25 <2.0 83 21 

426/12 581) 7.23 <2, 3.21 <21 83 21 

8q/12 518 1:26. 6.9 <IR 7,7 74 27 

11/16/12 lea /44 <2,0 1.0 <-2,0 121 64 

1V-11 5/34'02 3011 7.81 <2.0 3,57 <2,0 574 1511 S <0.05 

17/9/02 3580 6.98 <70 3.39 2.0 617 . 1271 4 <0,05 

5/27/03 3330 7.16 X2.0 1,01 40, 470 248 <5 <005 

I1!18.73 3380 6.44 <2,0. 0.86 <10 629 1542 8 0,06 

MOM 2.550 9.67 <2.0 r 1.60 4,0 448 951 8 0.14 

1118145 2540 7.02 <2.0 0.71 ' <2 479 451 8 <0.03 

1217106 2030. 6.95 <2.0 1,08 <2.0 353 546 0.1$ 

4130,437 1530 7.30 <20 1.00 <1.0 290 srr s 0.19 

40108 962 7,17 <2.0 0.65 <2.0 217 314 <0.05 

VIVO , 1340 7.09 <2.0 1.00 <2.0 255 390 

11/17.15/08 1600 7,2 <2.0 1 <4.0 <20 259 326 

' 4/28109 1360 7.07 <2.0 <L0 -a0 220 209 

1.1t21/09 1309 7.05 <2.0 <1.0 <2-.0 180 202 

4/21/11 662 6.55 <1.0 <1.0 <2.0 86 65 

4n5/12 ' 676 7.49 <2:0 1.34 <2,0 92 78 

4 1116.112 835 6.97 <20 1.1 <20 185 78 

. • 

12/12,2012 

Toe& tliorov Resou Pnae6 of 6 
ATTACHMENT G 
STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

CHAPTER 530.2(D)(4) CERTIFICATION 

PAUL R. LEPAGE PATRICIA W. AHO 

GOVERNOR Commissioner 

MEPDES# Facility Name 

Since the effective date of your permit, have there been; NO YES 

Describe in comments 

section 

1 Increases in the number, types, and flows of industrial, 

commercial, or domestic discharges to the facility that in the 

judgment of the Department may cause the receiving water to 

become toxic? 

• D 

2 Changes in the condition or operations of the facility that may 

increase the toxicity of the discharge? 

3 Changes in storm water collection or inflow/infiltration 

affecting the facility that may increase the toxicity of the 

discharge? 

❑ 

4 Increases in the type or volume of hauled wastes accepted by 

the facility? o 

COMMENTS: 

Name (printed): 

Signature: Date: 

This document must be signed by the permittee or their legal representative. 

This form may be used to meet the requirements of Chapter 530.2(D)(4). This Chapter requires all 

dischargers having waived or reduced toxic testing to file a statement with the Department describing 

changes to the waste being contributed to their system as outlined above. As an alternative, the 

discharger may submit a signed letter containing the same information. 

Scheduled Toxicity Testing for the next calendar year 

Test Conducted 1stQuarter 2ndQuarter 3

rd Quarter 4thQuarter 

WET Testing ❑ ❑ o ❑ 

Priority Pollutant Testing ❑ ❑ ❑ ❑ 

Analytical Chemistry ❑ ❑ ❑ ❑ 

Other toxic parameters I ❑ ❑ ❑ D 

Please place an "X" in each of the boxes that apply to when you will be conducting any one of 

the three test types during the next calendar year. 

1 This only applies to parameters where testing is required at a rate less frequently than quarterly. 

AUGUSTA 

17 STATE HOUSE STATION BANG OR 

AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD, SUITE 6 

(207) 287-7688 FAX: (207) 287-7826 BANGOR, MAINE 04401 

RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 

PORTLAND PRESQUE ISLE 

312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK 

PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 

(207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207)760-3143 

web site: www.maine.gov/dep 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

CONTENTS 

SECTION 

A 

TOPIC 

GENERAL PROVISIONS 

PAGE 

1 General compliance 2 

2 Other materials 2 

3 Duty to Comply 2 

4 Duty to provide information 2 

5 Permit actions 2 

6 Reopener clause 2 

7 Oil and hazardous substances 2 

8 Property rights 3 

9 Confidentiality 3 

10 Duty to reapply 3 

11 Other laws 3 

12 Inspection and entry 3 

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 

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

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

A. GENERAL PROVISIONS 

1. General compliance. All discharges shall be consistent with the terms and conditions of this permit; 

any changes in production capacity or process modifications which result in changes in the quantity or the 

characteristics of the discharge must be authorized by an additional license or by modifications of this 

permit; it shall be a violation of the terms and conditions of this permit to discharge any pollutant not 

identified and authorized herein or to discharge in excess of the rates or quantities authorized herein or to 

violate any other conditions of this permit. 

2. Other materials. Other materials ordinarily produced or used in the operation of this facility, which 

have been specifically identified in the application, may be discharged at the maximum frequency and 

maximum level identified in the application, provided: 

(a) They are not 

(i) Designated as toxic or hazardous under the provisions of Sections 307 and 311, 

respectively, of the Federal Water Pollution Control Act; Title 38, Section 420, Maine 

Revised Statutes; or other applicable State Law; or 

(ii) Known to be hazardous or toxic by the licensee. 

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

3. Duty to comply. The permittee must comply with all conditions of this permit. Any permit 

noncompliance constitutes a violation of State law and the Clean Water Act and is grounds for 

enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a 

permit renewal application. 

(a) The permittee shall comply with effluent standards or prohibitions established under section 

307(a) of the Clean Water Act, and 38 MRSA, §420 or Chapter 530.5 for toxic pollutants 

within the time provided in the regulations that establish these standards or prohibitions, even 

if the permit has not yet been modified to incorporate the requirement. 

(b) Any person who violates any provision of the laws administered by the Department, 

including without limitation, a violation of the terms of any order, rule license, permit, 

approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

4. Duty to provide information. The permittee shall furnish to the Department, within a reasonable 

time, any information which the Department may request to determine whether cause exists for 

modifying, revoking and reissuing, or terminating this permit or to determine compliance with this 

permit. The permittee shall also furnish to the Department upon request, copies of records required to be 

kept by this permit. 

5. Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The 

filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or 

a notification of planned changes or anticipated noncompliance does not stay any permit condition. 

6. Reopener clause. The Department reserves the right to make appropriate revisions to this permit in 

order to establish any appropriate effluent limitations, schedule of compliance or other provisions which 

may be authorized under 38 MRSA, §414-A(5). 

Revised July 1, 2002 Page 2 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

7. Oil and hazardous substances. Nothing in this permit shall be construed to preclude the institution 

of any legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the 

permittee is or may be subject under section 311 of the Federal Clean Water Act; section 106 of the 

Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980; or 38 MRSA 

§§ 1301, et, seq. 

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

privilege. 

9. Confidentiality of records. 38 MRSA §414(6) reads as follows. "Any records, reports or information 

obtained under this subchapter is available to the public, except that upon a showing satisfactory to the 

department by any person that any records, reports or information, or particular part or any record, report or 

information, other than the names and addresses of applicants, license applications, licenses, and effluent 

data, to which the department has access under this subchapter would, if made public, divulge methods or 

processes that are entitled to protection as trade secrets, these records, reports or information must be 

confidential and not available for public inspection or examination. Any records, reports or information may 

be disclosed to employees or authorized representatives of the State or the United States concerned with 

carrying out this subchapter or any applicable federal law, and to any party to a hearing held under this 

section on terms the commissioner may prescribe in order to protect these confidential records, reports and 

information, as long as this disclosure is material and relevant to any issue under consideration by the 

department." 

10. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the 

expiration date of this permit, the permittee must apply for and obtain a new permit. 

11. Other laws, The issuance of this permit does not authorize any injury to persons or property or 

invasion of other property rights, nor does it relieve the permittee if its obligation to comply with other 

applicable Federal, State or local laws and regulations. 

12. Inspection and entry. The permittee shall allow the Department, or an authorized representative 

(including an authorized contractor acting as a representative of the EPA Administrator), upon 

presentation of credentials and other documents as may be required by law, to: 

(a) Enter upon the permittee's premises where a regulated facility or activity is located or 

conducted, or where records must be kept under the conditions of this permit; 

(b) Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of this permit; 

(c) Inspect at reasonable times any facilities, equipment (including monitoring and control 

equipment), practices, or operations regulated or required under this permit; and 

(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as 

otherwise authorized by the Clean Water Act, any substances or parameters at any location. 

B. OPERATION AND MAINTENACE OF FACILITIES 

1. General facility requirements. 

(a) The permittee shall collect all waste flows designated by the Department as requiring 

treatment and discharge them into an approved waste treatment facility in such a manner as to 

Revised July 1, 2002 Page 3 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

maximize removal of pollutants unless authorization to the contrary is obtained from the 

Department. 

(b) The permittee shall at all times maintain in good working order and operate at maximum 

efficiency all waste water collection, treatment and/or control facilities. 

(c) All necessary waste treatment facilities will be installed and operational prior to the discharge 

of any wastewaters. 

(d) Final plans and specifications must be submitted to the Department for review prior to the 

construction or modification of any treatment facilities. 

(e) The permittee shall install flow measuring facilities of a design approved by the Department. 

(1) The permittee must provide an outfall of a design approved by the Department which is 

placed in the receiving waters in such a manner that the maximum mixing and dispersion of 

the wastewaters will be achieved as rapidly as possible. 

2. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all 

facilities and systems of treatment and control (and related appurtenances) which are installed or used by 

the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance 

also includes adequate laboratory controls and appropriate quality assurance procedures. This provision 

requires the operation of back-up or auxiliary facilities or similar systems which are installed by a 

permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 

3. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in order to 

maintain compliance with the conditions of this permit. 

4. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge 

or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely 

affecting human health or the environment. 

5. Bypasses. 

(a) Definitions. 

(i) Bypass means the intentional diversion of waste streams from any portion of a treatment 

facility. 

(ii) Severe property damage means substantial physical damage to property, damage to the 

treatment facilities which causes them to become inoperable, or substantial and 

permanent loss of natural resources which can reasonably be expected to occur in the 

absence of a bypass. Severe property damage does not mean economic loss caused by 

delays in production. 

(b) Bypass not exceeding limitations. The permittee may allow any bypass to occur which does 

not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to 

assure efficient operation. These bypasses are not subject to the provisions of paragraphs (c) 

and (d) of this section. 

(c) Notice. 

(i) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall 

submit prior notice, if possible at least ten days before the date of the bypass. 

Revised July 1, 2002 Page 4 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

(ii) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as 

required in paragraph D(1)(f), below. (24-hour notice). 

(d) Prohibition of bypass. 

(i) Bypass is prohibited, and the Department may take enforcement action against a 

permittee for bypass, unless: 

(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property 

damage; 

(B) There were no feasible alternatives to the bypass, such as the use of auxiliary 

treatment facilities, retention of untreated wastes, or maintenance during normal 

periods of equipment downtime. This condition is not satisfied if adequate back-up 

equipment should have been installed in the exercise of reasonable engineering 

judgment to prevent a bypass which occurred during normal periods of equipment 

downtime or preventive maintenance; and 

(C) The permittee submitted notices as required under paragraph (c) of this section. 

(ii) The Department may approve an anticipated bypass, after considering its adverse effects, 

if the Department determines that it will meet the three conditions listed above in 

paragraph (d)(i) of this section. 

6. Upsets. 

(a) Definition. Upset means an exceptional incident in which there is unintentional and 

temporary noncompliance with technology based permit effluent limitations because of 

factors beyond the reasonable control of the permittee. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed treatment 

facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or 

improper operation. 

(b) Effect of an upset. An upset constitutes an affirmative defense to an action brought for 

noncompliance with such technology based permit effluent limitations if the requirements of 

paragraph (c) of this section are met. No determination made during administrative review of 

claims that noncompliance was caused by upset, and before an action for noncompliance, is 

final administrative action subject to judicial review. 

(c) Conditions necessary for a demonstration of upset. A permittee who wishes to establish the 

affirmative defense of upset shall demonstrate, through properly signed, contemporaneous 

operating logs, or other relevant evidence that: 

(i) An upset occurred and that the permittee can identify the cause(s) of the upset; 

(ii) The permitted facility was at the time being properly operated; and 

(iii) The permittee submitted notice of the upset as required in paragraph D(1)(f) , below. (24 

hour notice). 

(iv) The 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. 

Revised July 1, 2002 Page 5 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

C. MONITORING AND RECORDS 

I. General Requirements. This permit shall be subject to such monitoring requirements as may be 

reasonably required by the Department including the installation, use and maintenance of monitoring 

equipment or methods (including, where appropriate, biological monitoring methods). The permittee 

shall provide the Department with periodic reports on the proper Department reporting form of 

monitoring results obtained pursuant to the monitoring requirements contained herein. 

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

of the volume and nature of the monitored discharge. If effluent limitations are based wholly or partially 

on quantities of a product processed, the permittee shall ensure samples are representative of times when 

production is taking place. Where discharge monitoring is required when production is less than 50%, the 

resulting data shall be reported as a daily measurement but not included in computation of averages, 

unless specifically authorized by the Department. 

3. Monitoring and records. 

(a) Samples and measurements taken for the purpose of monitoring shall be representative of the 

monitored activity. 

(b) Except for records of monitoring information required by this permit related to the permittee's 

sewage sludge use and disposal activities, which shall be retained for a period of at least five 

years, the permittee shall retain records of all monitoring information, including all 

calibration and maintenance records and all original strip chart recordings for continuous 

monitoring instrumentation, copies of all reports required by this permit, and records of all 

data used to complete the application for this permit, for a period of at least 3 years from the 

date of the sample, measurement, report or application. This period may be extended by 

request of the Department at any time. 

(c) Records of monitoring information shall include: 

(I) The date, exact place, and time of sampling or measurements; 

(ii) The individual(s) who performed the sampling or measurements; 

(iii) The date(s) analyses were performed; 

(iv) The individual(s) who performed the analyses; 

(v) The analytical techniques or methods used; and 

(vi) The results of such analyses. 

(d) Monitoring results must be conducted according to test procedures approved under 40 CFR 

part 136, unless other test procedures have been specified in the permit. 

(e) State law provides that any person who tampers with or renders inaccurate any monitoring 

devices or method required by any provision of law, or any order, rule license, permit 

approval or decision is subject to the penalties set forth in 38 MRSA, §349. 

Revised July 1, 2002 Page 6 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

D. REPORTING REQUIREMENTS 

1. Reporting requirements. 

(a) Planned changes. The permittee shall give notice to the Department as soon as possible of 

any planned physical alterations or additions to the permitted facility. Notice is required only 

when: 

(i) The alteration or addition to a permitted facility may meet one of the criteria for 

determining whether a facility is a new source in 40 CFR 122.29(b); or 

(ii) The alteration or addition could significantly change the nature or increase the quantity of 

pollutants discharged. This notification applies to pollutants which are subject neither to 

effluent limitations in the permit, nor to notification requirements under Section D(4). 

(iii) The alteration or addition results in a significant change in the permittee's sludge use or 

disposal practices, and such alteration, addition, or change may justify the application of 

permit conditions that are different from or absent in the existing permit, including 

notification of additional use or disposal sites not reported during the permit application 

process or not reported pursuant to an approved land application plan; 

(b) Anticipated noncompliance. The permittee shall give advance notice to the Department of 

any planned changes in the permitted facility or activity which may result in noncompliance 

with permit requirements. 

(c) Transfers. This permit is not transferable to any person except upon application to and 

approval of the Department pursuant to 38 MRSA, § 344 and Chapters 2 and 522, 

(d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere 

in this permit. 

(i) Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms 

provided or specified by the Department for reporting results of monitoring of sludge use 

or disposal practices. 

(ii) If the permittee monitors any pollutant more frequently than required by the permit using 

test procedures approved under 40 CFR part 136 or as specified in the permit, the results 

of this monitoring shall be included in the calculation and reporting of the data submitted 

in the DMR or sludge reporting form specified by the Department. 

(iii) Calculations for all limitations which require averaging of measurements shall utilize an 

arithmetic mean unless otherwise specified by the Department in the permit. 

(e) Compliance schedules. Reports of compliance or noncompliance with, or any progress 

reports on, interim and final requirements contained in any compliance schedule of this 

permit shall be submitted no later than 14 days following each schedule date. 

(0 Twenty-four hour reporting. 

(i) The permittee shall report any noncompliance which may endanger health or the 

environment. Any information shall be provided orally within 24 hours from the time the 

permittee becomes aware of the circumstances. A written submission shall also be 

provided within 5 days of the time the permittee becomes aware of the circumstances. 

The written submission shall contain a description of the noncompliance and its cause; 

the period of noncompliance, including exact dates and times, and if the noncompliance 

Revised July 1, 2002 Page 7 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

has not been corrected, the anticipated time it is expected to continue; and steps taken or 

planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 

(ii) The following shall be included as information which must be reported within 24 hours 

under this paragraph. 

(A) Any unanticipated bypass which exceeds any effluent limitation in the permit. 

(B) Any upset which exceeds any effluent limitation in the permit. 

(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by 

the Department in the permit to be reported within 24 hours. 

(iii) The Department may waive the written report on a case-by-case basis for reports under 

paragraph (f)(ii) of this section if the oral report has been received within 24 hours. 

(g) Other noncompliance. The permittee shall report all instances of noncompliance not reported 

under paragraphs (d), (e), and (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/1); 

(ii) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred 

micrograms per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; 

and one milligram per liter (1 mgll) for antimony; 

(iii)Five (5) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

Revised July 1, 2002 Page 8 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

(b) That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that 

discharge will exceed the highest of the following "notification levels": 

(i) Five hundred micrograms per liter (500 ug/1.); 

(ii) One milligram per liter (1 mg/1) for antimony; 

(iii)Ten (10) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

5. Publicly owned treatment works. 

(a) All POTWs must provide adequate notice to the Department of the following: 

(i) Any new introduction of pollutants into the POTW from an indirect discharger which 

would be subject to section 301 or 306 of CWA or Chapter 528 if it were directly 

discharging those pollutants. 

(ii) Any substantial change in the volume or character of pollutants being introduced into that 

POTW by a source introducing pollutants into the POTW at the time of issuance of the 

permit. 

(iii) For purposes of this paragraph, adequate notice shall include information on (A) the 

quality and quantity of effluent introduced into the POTW, and (B) any anticipated 

impact of the change on the quantity or quality of effluent to be discharged from the 

POTW. 

(b) When the effluent discharged by a POTW for a period of three consecutive months exceeds 

80 percent of the permitted flow, the permittee shall submit to the Department a projection of 

loadings up to the time when the design capacity of the treatment facility will be reached, and 

a program for maintaining satisfactory treatment levels consistent with approved water 

quality management plans. 

E. OTHER REQUIREMENTS 

I. Emergency action - power failure. Within thirty days after the effective date of this permit, the 

permittee shall notify the Department of facilities and plans to be used in the event the primary source of 

power to its wastewater pumping and treatment facilities fails as follows. 

(a) For municipal sources. During power failure, all wastewaters which are normally treated 

shall receive a minimum of primary treatment and disinfection. Unless otherwise approved, 

alternate power supplies shall be provided for pumping stations and treatment facilities. Alternate 

power supplies shall be on-site generating units or an outside power source which is separate and 

independent from sources used for normal operation of the wastewater facilities. 

(b) For industrial and commercial sources. The permittee shall either maintain an alternative 

power source sufficient to operate the wastewater pumping and treatment facilities or halt, reduce 

or otherwise control production and or all discharges upon reduction or loss of power to the 

wastewater pumping or treatment facilities. 

Revised July 1, 2002 Page 9 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

2. Spill prevention. (applicable only to industrial sources) Within six months of the effective date of 

this permit, the permittee shall submit to the Department for review and approval, with or without 

conditions, a spill prevention plan. The plan shall delineate methods and measures to be taken to prevent 

and or contain any spills of pulp, chemicals, oils or other contaminates and shall specify means of 

disposal and or treatment to be used. 

3. Removed substances. Solids, sludges trash rack cleanings, filter backwash, or other pollutants 

removed from or resulting from the treatment or control of waste waters shall be disposed of in a manner 

approved by the Department. 

4, Connection to municipal sewer. (applicable only to industrial and commercial sources) All 

wastewaters designated by the Department as treatable in a municipal treatment system will be cosigned 

to that system when it is available. This permit will expire 90 days after the municipal treatment facility 

becomes available, unless this time is extended by the Department in writing. 

F. DEFINITIONS. For the purposes of this permit, the following definitions shall apply. Other 

definitions applicable to this permit may be found in Chapters 520 through 529 of the Department's rules 

Average means the arithmetic mean of values taken at the frequency required for each parameter over the 

specified period. For bacteria, the average shall be the geometric mean. 

Average monthly discharge limitation means the highest allowable average of daily discharges over a 

calendar month, calculated as the sum of all daily discharges measured during a calendar month divided 

by the number of daily discharges measured during that month. Except, however, bacteriological tests 

may be calculated as a geometric mean. 

Average weekly discharge limitation means the highest allowable average of daily discharges over a 

calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by 

the number of daily discharges measured during that week. 

Best management practices ("BMPs") means schedules of activities, prohibitions of practices, 

maintenance procedures, and other management practices to prevent or reduce the pollution of waters of 

the State. BMPs also include treatment requirements, operating procedures, and practices to control plant 

site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 

Composite sample means a sample consisting of a minimum of eight grab samples collected at equal 

intervals during a 24 hour period (or a lesser period as specified in the section on monitoring and 

reporting) and combined proportional to the flow over that same time period. 

Continuous discharge means a discharge which occurs without interruption throughout the operating 

hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar 

activities. 

Daily discharge means the discharge of a pollutant measured during a calendar day or any 24-hour period 

that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations 

expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged 

over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge 

is calculated as the average measurement of the pollutant over the day. 

Revised July 1, 2002 Page 10 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

Discharge Monitoring Report ("DMR") means the EPA uniform national form, including any 

subsequent additions, revisions, or modifications for the reporting of self-monitoring results by 

permittees. DMRs must be used by approved States as well as by EPA. EPA will supply DMRs to any 

approved State upon request. The EPA national forms may be modified to substitute the State Agency 

name, address, logo, and other similar information, as appropriate, in place of EPA's. 

Flow weighted composite sample means a composite sample consisting of a mixture of aliquots 

collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of 

the discharge. 

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

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

sources, both: 

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, 

use or disposal; and 

(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit 

(including an increase in the magnitude or duration of a violation) or of the prevention of 

sewage sludge use or disposal in compliance with the following statutory provisions and 

regulations or permits issued thereunder (or more stringent State or local regulations): Section 

405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more 

commonly referred to as the Resource Conservation and Recovery Act (RCRA), and 

including State regulations contained in any State sludge management plan prepared pursuant 

to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the 

Marine Protection, Research and Sanctuaries Act. 

Maximum daily discharge limitation means the highest allowable daily discharge. 

New source means any building, structure, facility, or installation from which there is or may be a 

discharge of pollutants, the construction of which commenced: 

(a) After promulgation of standards of performance under section 306 of CWA which are 

applicable to such source, or 

(b) After proposal of standards of performance in accordance with section 306 of CWA 

which are applicable to such source, but only if the standards are promulgated in accordance 

with section 306 within 120 days of their proposal. 

Pass through means a discharge which exits the POTW into waters of the State in quantities or 

concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a 

cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the 

magnitude or duration of a violation). 

Permit means an authorization, license, or equivalent control document issued by EPA or an approved 

State to implement the requirements of 40 CFR parts 122, 123 and 124. Permit includes an NPDES 

general permit (Chapter 529). Permit does not include any permit which has not yet been the subject of 

final agency action, such as a draft permit or a proposed permit. 

Person means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, 

federal agency or other legal entity. 

Revised July 1, 2002 Page 11 
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

Point source means any discernible, confined and discrete conveyance, including, but not limited to, any 

pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal 

feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. 

Pollutant means dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, 

sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or 

byproducts, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, 

commercial or agricultural wastes of any kind. 

Process wastewater means any water which, during manufacturing or processing, comes into direct 

contact with or results from the production or use of any raw material, intermediate product, finished 

product, byproduct, or waste product. 

Publicly owned treatment works ("POTW") means any facility for the treatment of pollutants owned 

by the State or any political subdivision thereof, any municipality, district, quasi-municipal corporation or 

other public entity. 

Septage means, for the purposes of this permit, any waste, refuse, effluent sludge or other material 

removed from a septic tank, cesspool, vault privy or similar source which concentrates wastes or to which 

chemicals have been added. Septage does not include wastes from a holding tank. 

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

collected over a constant time interval. 

Toxic pollutant includes any pollutant listed as toxic under section 307(a)(1) or, in the case of sludge use 

or disposal practices, any pollutant identified in regulations implementing section 405(d) of the CWA. 

Toxic pollutant also includes those substances or combination of substances, including disease causing 

agents, which after discharge or upon exposure, ingestion, inhalation or assimilation into any organism, 

including humans either directly through the environment or indirectly through ingestion through food 

chains, will, on the basis of information available to the board either alone or in combination with other 

substances already in the receiving waters or the discharge, cause death, disease, abnormalities, cancer, 

genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical 

deformations in such organism or their offspring. 

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and 

duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 

typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, 

and similar areas. 

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

test. 

Revised July 1, 2002 Page 12 
01110,111_;.., 'ti. 

DEP INFORMATION SHEET 

40,„,00. Appealing a Department Licensing Decision 

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

SUMMARY 

There are two methods available to an aggrieved person seeking to appeal a licensing decision made by the 

Department of Environmental Protection's ("DEP") Commissioner: (1) in an administrative process before the 

Board of Environmental Protection ("Board"); or (2) in a judicial process before Maine's Superior Court. An 

aggrieved person seeking review of a licensing decision over which the Board had original jurisdiction may 

seek judicial review in Maine's Superior Court. 

A judicial appeal of final action by the Commissioner or the Board regarding an application for an expedited 

wind energy development (35-A M.R.S.A. § 3451(4)) or a general permit for an offshore wind energy 

demonstration project (38 M,R.S.A. § 480-1-1H(1) or a general permit for a tidal energy demonstration project 

(38 M.R.S.A. § 636-A) must be taken to the Supreme Judicial Court sitting as the Law Court, 

This INFORMATION SHEET, in conjunction with a review of the statutory and regulatory provisions referred to 

herein, can help a person to understand his or her rights and obligations in filing an administrative or judicial 

appeal. 

I. ADMINISTRATIVE APPEALS TO THE BOARD 

LEGAL REFERENCES 

The laws concerning the DEP's Organization and Powers, 38 M.R.S.A. §§ 341-D(4) & 346, the Maine 

Administrative Procedure Act, 5 M.R.S.A. § 11001, and the DEP's Rules Concerning the Processing of 

Applications and Other Administrative Matters ("Chapter 2"), 06-096 CMR 2 (April 1, 2003). 

How LONG YOU HAVE TO SUBMIT AN APPEAL TO THE BOARD 

The Board must receive a written appeal within 30 days of the date on which the Commissioner's decision 

was filed with the Board, Appeals filed after 30 calendar days of the date on which the Commissioner's 

decision was filed with the Board will be rejected. 

HOW TO SUBMIT AN APPEAL TO THE BOARD 

Signed original appeal documents must be sent to: Chair, Board of Environmental Protection, c/o 

Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017; faxes are 

acceptable for purposes of meeting the deadline when followed by the Board's receipt of mailed original 

documents within five (5) working days. Receipt on a particular day must be by 5:00 PM at DEP's offices 

in Augusta; materials received after 5:00 PM are not considered received until the following day. The 

person appealing a licensing decision must also send the DEP's Commissioner a copy of the appeal 

documents and if the person appealing is not the applicant in the license proceeding at issue the applicant 

must also be sent a copy of the appeal documents. All of the information listed in the next section must be 

submitted at the time the appeal is filed, Only the extraordinary circumstances described at the end of that 

section will justify evidence not in the DEP's record at the time of decision being added to the record for 

consideration by the Board as part of an appeal. 

WHAT YOUR APPEAL PAPERWORK MUST CONTAIN 

Appeal materials must contain the following information at the time submitted: 

OCF/90-1/r95/r98/r99/00/034/r12 
Appealing a Commissioner's Licensing Decision 

March 2012 

Page 2 of 3 

1. Aggrieved Status. The appeal must explain how the person filing the appeal has standing to maintain 

an appeal. This requires an explanation of how the person filing the appeal may suffer a particularized 

injury as a result of the Commissioner's decision. 

2. The findings, conclusions or conditions objected to or believed to be in error. Specific references and 

facts regarding the appellant's issues with the decision must be provided in the notice of appeal. 

3. The basis of the objections or challenge. If possible, specific regulations, statutes or other facts should 

be referenced. This may include citing omissions of relevant requirements, and errors believed to have 

been made in interpretations, conclusions, and relevant requirements. 

4. The remedy sought. This can range from reversal of the Commissioner's decision on the license or 

permit to changes in specific permit conditions. 

5. All the matters to be contested. The Board will limit its consideration to those arguments specifically 

raised in the written notice of appeal. 

6. Request for hearing. The Board will hear presentations on appeals at its regularly scheduled meetings, 

unless a public hearing on the appeal is requested and granted. A request for public hearing on an 

appeal must be filed as part of the notice of appeal. 

7. New or additional evidence to be offered. The Board may allow new or additional evidence, referred to 

as supplemental evidence, to be considered by the Board in an appeal only when the evidence is 

relevant and material and that the person seeking to add information to the record can show due 

diligence in bringing the evidence to the DEP's attention at the earliest possible time in the licensing 

process or that the evidence itself is newly discovered and could not have been presented earlier in the 

process, Specific requirements for additional evidence are found in Chapter 2. 

OTHER CONSIDERATIONS IN APPEALING A DECISION TO THE BOARD 

1. Be familiar with all relevant material in the DEP record. A license application file is public 

information, subject to any applicable statutory exceptions, made easily accessible by DEP. Upon 

request, the DEP will make the material available during normal working hours, provide space to 

review the file, and provide opportunity for photocopying materials. There is a charge for copies or 

copying services. 

2. Be familiar with the regulations and laws under which the application was processed, and the 

procedural rules governing your appeal. DEP staff will provide this information on request and 

answer questions regarding applicable requirements. 

3. The filing of an appeal does not operate as a stay to any decision. If a license has been granted and it 

has been appealed the license normally remains in effect pending the processing of the appeal. A 

license holder may proceed with a project pending the outcome of an appeal but the license holder runs 

the risk of the decision being reversed or modified as a result of the appeal. 

WHAT TO EXPECT ONCE YOU FILE A TIMELY APPEAL WITH THE BOARD 

The Board will formally acknowledge receipt of an appeal, including the name of the DEP project manager 

assigned to the specific appeal. The notice of appeal, any materials accepted by the Board Chair as 

supplementary evidence, and any materials submitted in response to the appeal will be sent to Board 

members with a recommendation from DEP staff. Persons filing appeals and interested persons are notified 

in advance of the date set for Board consideration of an appeal or request for public hearing. With or 

without holding a public hearing, the Board may affirm, amend, or reverse a Commissioner decision or 

remand the matter to the Commissioner for further proceedings. The Board will notify the appellant, a 

license holder, and interested persons of its decision. 

OCF/90-1/r/951r98/r99/r00104/r12 
Appealing a Commissioner's Licensing Decision 

March 2012 

Page 3 of 3 

H. JUDICIAL APPEALS 

Maine law generally allows aggrieved persons to appeal final Commissioner or Board licensing decisions to 

Maine's Superior Court, see 38 M.R.S.A. § 346(1); 06-096 CMR 2; 5 M.R.S.A. § 11001; & M.R. Civ. P 

80C. A party's appeal must be filed with the Superior Court within 30 days of receipt of notice of the 

Board's or the Commissioner's decision. For any other person, an appeal must be filed within 40 days of 

the date the decision was rendered. Failure to file a timely appeal will result in the Board's or the 

Commissioner's decision becoming final. 

An appeal to court of a license decision regarding an expedited wind energy development, a general permit 

for an offshore wind energy demonstration project, or a general permit for a tidal energy demonstration 

project may only be taken directly to the Maine Supreme Judicial Court. See 38 M.R.S.A. § 346(4). 

Maine's Administrative Procedure Act, DEP statutes governing a particular matter, and the Maine Rules of 

Civil Procedure must be consulted for the substantive and procedural details applicable to judicial appeals. 

ADDITIONAL INFORMATION 

If you have questions or need additional information on the appeal process, for administrative appeals contact 

the Board's Executive Analyst at (207) 287-2452 or for judicial appeals contact the court clerk's office in 

which your appeal will be filed. 

Note: The DEP provides this INFORMATION SHEET for general guidance only; it is not intended for use 

as a legal reference. Maine law governs an appellant's rights. 

OC F/90-1 /r/95/r98/r99/r00/r04/r1 2