STATE OF MAINE 

Department of Environmental Protection 

Paul R. LePage Darryl Brown 

GOVERNOR COMMISSIONER 

April 25, 2011 

Mr. Brian Dawson 

Town of Howland 

Wastewater Treatment Facility 

P.O. Box 386 

8 Main Street 

Howland, ME 04448-0386 

RE: Maine Pollutant Discharge Elimination System (MEPDES) Permit #ME0101788 

Maine Waste Discharge License (WDL) Application #W002632-6C-F-R 

Final Permit/License 

Dear Mr. Dawson: 

Enclosed, please find a copy of your final MEPDES permit and Maine WDL which was approved by 

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

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

discharge not receiving adequate treatment is in 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: Tanya Hovell, DEP/EMRO 

 Sandy Mojica, USEPA 

 Stakeholder Service List 

STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

17 STATE HOUSE STATION 

AUGUSTA, ME 04333

DEPARTMENT ORDER 

IN THE MATTER OF 

TOWN OF HOWLAND ) MAINE POLLUTANT DISCHARGE 

PUBLICLY OWNED TREATMENT WORKS ) ELIMINATION SYSTEM PERMIT 

HOWLAND, PENOBSCOT COUNTY ) AND 

ME0101788 ) WASTE DISCHARGE LICENSE 

W002632-6C-F-R APPROVAL ) RENEWAL 

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

seq. and Conditions of Licenses, 38 M.R.S.A., Section 414-A et seq., and applicable regulations, the 

Department of Environmental Protection (Department hereinafter) has considered the application of 

the TOWN OF HOWLAND (Town/permittee hereinafter) with its supportive data, agency review 

comments, and other related material on file and FINDS THE FOLLOWING FACTS: 

APPLICATION SUMMARY 

The Town has filed a timely and complete application with the Department to renew combination 

Maine Pollutant Discharge Elimination System (MEPDES) permit #ME0101788/ Maine Waste 

Discharge License (WDL) #W002632-5L-E-R, (permit hereinafter) which was issued on 

May 16, 2005, and expired on May 16, 2010. The 5/16/05 permit authorized the monthly average 

discharge of up to 0.30 million gallons per day (MGD) of secondary treated sanitary waste water from 

a publicly owned treatment works (POTW) to the Penobscot River, Class B, in Howland, Maine. 

PERMIT SUMMARY 

This permitting action is carrying forward all the terms and conditions of the 5/16/05 permitting action 

and subsequent permit modifications except that this permit is eliminating limitations and monitoring 

requirements for settleable solids. 
ME0101788 PERMIT Page 2 of 10 

W002632-6C-F-R 

CONCLUSIONS 

BASED on the findings in the attached Fact Sheet dated March 22, 2011, and subject to the Conditions 

listed below, the Department makes the following conclusions: 

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

any classified body of water below such classification. 

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

any unclassified body of water below the classification which the Department expects to adopt in 

accordance with state law. 

3. The provisions of the State’s antidegradation policy, 38 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 national resource, that water 

quality will be maintained and protected; 

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

classification of the receiving water body are not met, the discharge will not cause or contribute 

to the failure of the water body to meet the standards of classification; 

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

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

(e) Where a discharge will result in lowering the existing 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. 
ME0101788 PERMIT Page 3 of 10 

W002632-6C-F-R 

ACTION 

THEREFORE, the Department APPROVES the above noted application of the TOWN OF 

HOWLAND to discharge a monthly average flow of up to 0.30 MGD of secondary treated sanitary 

wastewater to the Penobscot River, Class B, in Howland, Maine, SUBJECT TO THE ATTACHED 

CONDITIONS, and all applicable standards and regulations including: 

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

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

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

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

years thereafter. If a renewal application is timely submitted and accepted as complete for 

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

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

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

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

Matters, 06-096 CMR 2(21)(A) (effective 

April 1, 2003)]. 

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES 

Date of initial receipt of application: February 24 , 2010 . 

Date of application acceptance: March 1, 2010 .

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

ME0101788 2011 4/25/11 
ME0101788 PERMIT 

W002632-6C-F-R SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 1. Beginning the effective date of this permit, the permittee is authorized to discharge secondary treated sanitary 

Outfall #001A to the Penobscot River. Such discharges shall be limited and monitored by the permittee as s

Effluent Characteristic Discharge Limitations 

Monthly 

Average

Weekly 

Average

Daily 

Maximum

Monthly 

Average

Weekly 

Average

Daily 

Maximum

Flow [50050] 0.30 MGD 

[03]

--- Report (MGD) 

[03] 

--- --- --- 

Biochemical Oxygen Demand (BOD5) [00310]

51 lbs/Day 

[26]

77 lbs/Day 

[26]

85 lbs/Day 

[26]

35 mg/L 

[19]

45 mg/L 

[19]

50 mg/L 

[19]

BOD5 % Removal(1) [81010] --- --- --- 85% 

[23]

--- --- 

Total Suspended Solids (TSS) [00530]

51 lbs/Day 

[26]

77 lbs/Day 

[26]

85 lbs/Day 

[26]

35 mg/L 

[19]

45 mg/L 

[19]

50 mg/L 

[19]

TSS % Removal (1) [81011] --- --- --- 85% 

[23]

--- --- 

E. coli Bacteria (2) [31633]( May 15 – September 30) 

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

[13] 

--- 427/100 ml 

[13]

Total Residual Chlorine(4)

[50060]

--- --- --- --- --- 1.0 mg/L 

[19]

pH (Std. Units) [00400] --- --- --- --- --- 6.0-9.0(5) [12] 

Footnotes: See page 5 and 6 of this permit for applicable footnotes. 
ME0101788 PERMIT Page 5 of 10 

W002632-6C-F-R 

SPECIAL CONDITIONS 

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

Footnotes:

1. Monitoring location – All influent monitoring shall be conducted from the influent flow 

splitter chamber located prior to Lagoon #1. All effluent monitoring shall be conducted at a 

location following the last treatment unit in the treatment process as to be representative of 

end-of-pipe effluent characteristics. Any change in sampling location must be approved by 

the Department in writing. 

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

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

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

Department. Samples that are sent out for analysis shall be analyzed by a laboratory certified by 

the State of Maine’s Department of Human Services. 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 submitted to the Department including results which are 

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

specified by other approved test methods. See Attachment A of this permit for a list of the 

Department’s RLs. If a non-detect analytical test result is below the respective RL, the 

concentration result shall be reported as <Y 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. Percent Removal – The treatment facility shall maintain a minimum of 85 percent removal of 

both biochemical oxygen demand and total suspended solids for all flows receiving secondary 

treatment. Compliance with the limitation is based on a twelve-month rolling average. 

Calendar monthly average percent removal values shall be calculated based on influent and 

effluent concentrations. The twelve-month rolling average calculation is based on the most 

recent twelve-month period when the influent concentrations are greater than or equal to 

200 mg/L. The percent removal shall be waived when the twelve-month rolling average 

influent concentration is less than 200 mg/L. For instances when the 12-month rolling average 

influent value is less than 200 mg/L, the permittee shall report “NODI-9” on the monthly 

discharge monitoring report (DMR). The permittee is also required to report the percent 

removal values on the DEP “49” form. 

3. E. coli bacteria – E. coli bacteria limits and monitoring requirements are seasonal and apply 

between May 15 and September 30 of each year. The Department reserves the right to require 

year-round disinfection to protect the health, safety and welfare of the public. 
ME0101788 PERMIT Page 6 of 10 

W002632-6C-F-R 

SPECIAL CONDITIONS 

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

Footnotes:

4. Bacteria Reporting – The monthly average E. coli bacteria limitation is a geometric mean 

limitation and sample results shall be reported as such. 

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

disinfected with chlorine-based compounds for an entire reporting period, the facility shall 

report “NODI-9” for this parameter on the monthly DMR. The permittee shall utilize 

approved test methods that are capable of bracketing the TRC limitation in this permit. 

6. pH Range Limitation – Effluent pH results outside the range of 6.0 – 9.0 standard units are 

not to be reported as exceptions provided the cause(s) for the exceedence(s) are naturally 

occurring. The permittee must provide the Department with written documentation as to the 

cause(s) of the pH results if found outside the 6.0 – 9.0 range. 

 

B. NARRATIVE EFFLUENT LIMITATIONS 

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

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

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

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

receiving waters. 

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

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

4. Notwithstanding specific conditions of this 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 person who has the management responsibility over the treatment facility must hold a 

minimum of a Grade II certificate (or higher) or must be a Maine Registered Professional 

Engineer pursuant to Sewerage Treatment Operators, Title 32 M.R.S.A., Sections 4171-4182 and 

Regulations for Wastewater Operator Certification, 06-096 CMR 531 (effective May 8, 2006). All 

proposed contracts for facility operation by any person must be approved by the Department before 

the permittee may engage the services of the contract operator. 
ME0101788 PERMIT Page 7 of 10 

W002632-6C-F-R 

SPECIAL CONDITIONS 

D. LIMITATIONS FOR INDUSTRIAL USERS 

Pollutants introduced into the wastewater collection and treatment system by a non-domestic 

source (user) shall not pass through or interfere with the operation of the treatment system. 

E. AUTHORIZED DISCHARGES 

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

Application for Waste Discharge Permit, accepted for processing on March 1, 2010; 

2) the terms and conditions of this permit; and 3) only from Outfall #001. Discharges of waste 

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

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

F. NOTIFICATION REQUIREMENT 

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

1. Any introduction of pollutants into the wastewater collection and treatment system from an 

indirect discharger in a primary industrial category discharging process wastewater; and 

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

introduced into the wastewater 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 wastewater introduced to the wastewater collection and 

treatment system; and 

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

to be discharged from the treatment system.

G. WET WEATHER FLOW MANAGEMENT PLAN 

The treatment facility staff shall have a current written Wet Weather Flow Management Plan to 

direct the staff on how to operate the facility effectively during periods of high flow. The 

Department acknowledges that the existing collection system may deliver flows in excess of the 

monthly average design capacity of the treatment plant during periods of high infiltration and 

rainfall. 

The plan shall include operating procedures for a range of intensities, address solids handling 

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

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

plan at least annually and record any necessary changes to keep the plan up to date. Any changes 

to the plans must be submitted to the Department for review and approval. 
ME0101788 PERMIT Page 8 of 10 

W002632-6C-F-R 

SPECIAL CONDITIONS 

H. OPERATION & MAINTENANCE (O&M) PLAN 

This facility shall 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 transport, treatment and control (and related 

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

conditions of this permit. 

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

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

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

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

request. 

Within 90 days of completion of new and or substantial upgrades of the wastewater 

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

for review and comment. 

I. 06-096 CMR 530(2)(D)(4) STATEMENT 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 [PCS Code 95799]: See Attachment C of the Fact Sheet for an acceptable certification form 

to satisfy this Special Condition. 

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

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

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

discharge; and 

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

that may increase the toxicity of the discharge. 

In addition, in the comments section of the certification form, the permittee shall provide the 

Department with statements describing; 

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

the toxicity of the discharge. 

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

The Department reserves the right to reinstate annual (surveillance level) testing or other toxicity 

testing if new information becomes available that indicates the discharge may cause or have a 

reasonable potential to cause exceedences of ambient water quality criteria/thresholds. 
ME0101788 PERMIT Page 9 of 10 

W002632-6C-F-R 

SPECIAL CONDITIONS 

J. MERCURY 

All mercury sampling (2/Year) required by this permit or required to determine compliance with 

interim limitations established pursuant to Department rule Chapter 519, shall be conducted in 

accordance with EPA’s “clean sampling techniques” found in EPA Method 1669, Sampling 

Ambient Water For Trace Metals At EPA Water Quality Criteria Levels. All mercury analysis 

shall be conducted in accordance with EPA Method 1631, Determination of Mercury in Water by 

Oxidation, Purge and Trap, and Cold Vapor Fluorescence Spectrometry. See Attachment A,

Effluent Mercury Test Report, of this permit for the Department’s form for reporting mercury test 

results. 

K. MONITORING AND REPORTING 

Monitoring results obtained during the previous month shall be 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 DMRs 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 

Eastern Maine Regional Office 

Bureau of Land and Water Quality 

Division of Water Quality Management 

106 Hogan Road 

Bangor, Maine 04401 

Alternatively, if you are submitting an electronic DMR (eDMR), the completed eDMR must be 

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

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

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

thirteenth (13th) day of the month or hand-delivered to the Department’s Regional Office such that 

it is received by the Department on or before the fifteenth (15th) day of the month following the 

completed reporting period. Electronic documentation in support of the eDMR must be submitted 

not later than close of business on the 15th day of the month following the completed reporting 

period. 
ME0101788 PERMIT Page 10 of 10 

W002632-6C-F-R 

SPECIAL CONDITIONS 

L. REOPENING OF PERMIT FOR MODIFICATIONS 

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

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

information obtained during the term of this permit, the Department may, at anytime and with 

notice to the permittee, modify this permit to: (1) include effluent limits necessary to control 

specific pollutants or whole effluent toxicity where there is a reasonable potential that the effluent 

may cause water quality criteria to be exceeded; (2) require additional effluent or ambient water 

quality monitoring if results on file are inconclusive; or (3) change monitoring requirements or 

limitations based on new information. 

M. SEVERABILITY 

In the event that any provision(s), or part thereof, of this 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.

Maine Department of Environmental Protection

Effluent Mercury Test Report

Name of Facility:

Pipe #

Purpose of this test: Initial limit determination

calendar quarter

Supplemental or extra test

Sampling Date: Sampling time: AM/PM

mm dd yy

Sampling Location:

Weather Conditions:

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

Composite

Name of Laboratory:

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

Effluent Limits: Average = ng/L ng/L

By: Date:

Title:

PLEASE MAIL THIS FORM TO YOUR ASSIGNED INSPECTOR

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

evaluation of mercury results:

Compliance monitoring for: year

SAMPLE COLLECTION INFORMATION

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

time of sample collection:

Federal Permit # ME

Maximum = 

Please attach any remarks or comments from the laboratory that may have a bearing on the results or 

their interpretation. If duplicate samples were taken at the same time please report the average.

CERTIFICATION

I certifiy that to the best of my knowledge the foregoing information is correct and representative of 

conditions at the time of sample collection. The sample for mercury was collected and analyzed 

using EPA Methods 1669 (clean sampling) and 1631 (trace level analysis) in accordance with 

instructions from the DEP.

Please Enter Effluent Limits for your facility

ANALYTICAL RESULT FOR EFFLUENT MERCURY

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

AND 

WASTE DISCHARGE LICENSE

FACT SHEET

Date: March 22, 2011

MEPDES PERMIT: ME0101788

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

NAME AND ADDRESS OF APPLICANT: 

TOWN OF HOWLAND 

8 Main Street 

P.O. Box 386 

Howland, ME 04448-0386 

COUNTY: Penobscot County

NAME AND ADDRESS WHERE DISCHARGE OCCURS: 

Howland Waste Water Treatment Facility 

Edinburg Road 

Howland, ME 04448-0386 

RECEIVING WATER / CLASSIFICATION: Penobscot/Class B

COGNIZANT OFFICIAL AND TELEPHONE NUMBER: Mr. Brian Dawson 

 Superintendent 

 (207) 732-3513 

e-mail: howland@midmaine.com

1. APPLICATION SUMMARY 

a. Application: The Town of Howland (Town/permittee hereinafter) has filed a timely and 

complete application with the Department to renew combination Maine Pollutant Discharge 

Elimination System (MEPDES) permit #ME0101788/ Maine Waste Discharge License (WDL) 

#W002632-5L-E-R, (permit hereinafter) which was issued on May 16, 2005 and expired on 

May 16, 2010. The 5/16/05 permit authorized the monthly average discharge of up to 

0.30 million gallons per day (MGD) of secondary treated sanitary waste water from a publicly 

owned treatment works (POTW) to the Penobscot River, Class B, in Howland, Maine. See 

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

W002632-6C-F-R 

1. APPLICATION SUMMARY (cont’d) 

b. Source Description: The Town of Howland owns and operates a municipal wastewater 

treatment facility on Edinburg Road in Howland, for the treatment of sanitary wastewater 

generated by a total of approximately 650 residential and commercial customers (approximate 

population of 1,500 people) located within the Towns of Howland and Enfield. There are no 

significant industrial users contributing flows to the treatment works and the Town is not 

required to implement a formal pretreatment program. The sewer collection system is 100% 

separated (sanitary and storm water) and there are no combined sewer overflow (CSO) points 

associated with the system. The sanitary sewer collection system is approximately eight (8) 

miles in length and contains five (5) pump stations located in Howland and two (2) additional 

pump stations located in West Enfield. 

Currently, the Town provides emergency back-up power to all seven pump stations by way of a 

portable generator. The Town is not authorized to accept transported wastes at the Howland 

WWTF. 

c. Wastewater Treatment: The Howland WWTF commenced operation in 1991 and the plant 

provides a secondary level of wastewater treatment via two primary and two secondary 

facultative lagoons operated in series. The total combined area of the four lagoons is 

approximately 21.7 acres (945,252 square feet) and individual cells are sized as follows: 

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

1 

Secondary No. 

2 

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

Dimensions 790’ x 360’ x 

11’ 

820’ x 360’ 

x13’ 

700’ x 260’ x 

18’ 

700’ x 260’ x 

18’ 

Lagoon Acreage 6.5 acres 6.8 acres 4.2 acres 4.2 acres 

Typically, the lagoons are operated in series (Primary No. 1 > Primary No. 2 > Primary No. 3 > 

Primary No. 4), however the operator can manually control flow pattern through existing valves 

installed in the system. The two primary lagoons were constructed with a synthetic geotextile 

liner system and the secondary lagoons were constructed with an earthen (clay) liner. 

The Howland WWTF utilizes two (2) influent pumps to convey raw wastewater to the facility. 

Influent flows are conveyed through a comminutor at the facility headworks and are measured 

using a magnetic flow meter. The flow is then conveyed to a flow splitter box and then evenlydistributed to the two primary lagoons for biological treatment and settling. Primary treated 

flows are evenly-distributed to the two secondary lagoons for further treatment and settling prior 

to discharge. 
ME0101788 FACT SHEET Page 3 of 16 

W002632-6C-F-R 

1. APPLICATION SUMMARY (cont’d) 

Secondary treated wastewater is treated seasonally with sodium hypochlorite for disinfection in a 

chlorine contact chamber measuring 33 feet long by 45 feet wide by 5 feet high and having a 

detention time of 15 minutes at peak flow. Final effluent is conveyed for discharge to the 

Penobscot River via a 10-inch diameter outfall pipe that extends into the receiving water to a 

depth of approximately seven (7) feet below the surface of the water according to information 

contained in the Town’s application for permit renewal. The outfall pipe is not fitted with 

diffusers or other mechanisms that would enhance mixing of the effluent with the receiving 

waters and the permittee has not provided information describing the mixing characteristics of 

the final effluent with the receiving waters. Therefore, the Department is making a best 

professional judgment determination that mixing of the effluent with the receiving waters is not 

complete and rapid. 

The Town has not removed sludge from the lagoons since the system went online in 1991. 

Sludge depth is monitored at a minimum frequency of once per year using a “sludge judge” and 

the Town reported that the average current sludge depth throughout the lagoons is less than one 

foot. 

The Town indicated that the lagoon system contains an under-drain collection system that is 

designed to convey any seepage from the primary and secondary lagoon cells into the last 

lagoon. Therefore, flows into the under-drain collection system are monitored by way of final 

effluent monitoring. The Town further indicated that the under-drain system was not constructed 

in with sampling ports or other means of monitoring flows into the system. 

A process flow schematic for the Howland WWTF is included as Fact Sheet Attachment B. 

2. PERMIT SUMMARY 

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

the 5/16/05 permitting action and subsequent permit modifications except that this permit is 

eliminating limitations and monitoring requirements for settleable solids. 

b. Regulatory history: This section provides a summary of significant licensing/permitting actions 

and milestones that have been completed for the Howland Wastewater Treatment Facility 

(WWTF).

February 23, 1983 – The Department issued WDL #2632 to the Town for the monthly average 

discharge of up to 0.19 MGD of untreated combined sanitary and storm water wastewater to 

the Penobscot and Piscataquis Rivers, Class C, in Howland. 

April 24, 1986 – The U.S. Environmental Protection Agency (USEPA) issued National 

Pollutant Discharge Elimination System (NPDES) permit #ME0101788 to the Town for the 

monthly average discharge of up to 0.19 MGD of untreated combined sanitary and storm water 

wastewater to the Penobscot and Piscataquis Rivers. The 4/24/86 NPDES permit superseded 

the previous NPDES permit issued on June 22, 1977. 
ME0101788 FACT SHEET Page 4 of 16 

W002632-6C-F-R 

2. PERMIT SUMMARY (cont’d) 

June 2, 2000 – The Department issued WDL #W002632-5L-D-R to the Town for the monthly 

average discharge of up to 0.30 MGD of secondary treated sanitary wastewater from the 

Howland WWTF. The 6/2/00 WDL superseded WDL #W002632-59-B-R issued on August 5, 

1991 and WDL Amendment #W002632-59-C-A issued on May 8, 1995. 

August 28, 2000 –Pursuant to Maine law, 38 M.R.S.A. §420 and §413 and Department rule, 06-

096 CMR Chapter 519, Interim Effluent Limitations and Controls for the Discharge of Mercury, 

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

thereby administratively modifying WDL #W002632-5L-D-R by establishing interim monthly 

average and daily maximum effluent concentration limits of 12.1 parts per trillion (ppt) and 18.1 

ppt, respectively, and a minimum monitoring frequency requirement of 2 tests per year for 

mercury. It is noted the limitations have not been incorporated into Special Condition A, 

Effluent Limitations And Monitoring Requirements, of this permit as limitations and monitoring 

frequencies are regulated separately through Maine law, 38 M.R.S.A. §413 and Department rule 

Chapter 519. However, the interim limitations remain in effect and enforceable and any 

modifications to the limits and or monitoring requirements will be formalized outside of this 

permitting document. 

May 16, 2005 – The Department issued combination MEPDES permit #ME0101788/ WDL 

W002632-5L-E-R for a five-year term. 

April 10, 2006 – The Department unilaterally modified the 4/25/05 permit by waiving whole 

effluent toxicity testing and analytical chemistry testing. 

February 24, 2010 – The permittee submitted a timely and complete application to the 

Department to renew the 5/16/05 MEPDES permit. 

3. CONDITIONS OF PERMIT 

Maine law, 38 M.R.S.A. Section 414-A, requires 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., Section 420 and Department rule 06-096 CMR Chapter 530, Surface 

Water Toxics Control Program, require the regulation of toxic substances not to exceed levels set 

forth in Department rule 06-096 CMR Chapter 584, Surface Water Quality Criteria for Toxic 

Pollutants, and that ensure safe levels for the discharge of toxic pollutants such that existing and 

designated uses of surface waters are maintained and protected. 
ME0101788 FACT SHEET Page 5 of 16 

W002632-6C-F-R 

4. RECEIVING WATER QUALITY STANDARDS 

Maine law, 38 M.R.S.A. §467(7)(A)(5) classifies the main stem of the Penobscot River at the point 

of discharge (i.e. from the West Enfield Dam, including the Stillwater Branch, to the Veazie Dam) as 

Class B waters. Maine law, 38 M.R.S.A. §465(3) describes the standards for Class B waters as 

follows; 

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

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

process and cooling water supply; hydroelectric power generation, except as prohibited under 

Title 12, section 403; navigation; and as habitat for fish and other aquatic life. The habitat must 

be characterized as unimpaired. 

The dissolved oxygen content of Class B waters may not be less than 7 parts per million or 75% 

of saturation, whichever is higher, except that for the period from October 1st to May 14th, in 

order to ensure spawning and egg incubation of indigenous fish species, the 7-day mean 

dissolved oxygen concentration may not be less than 9.5 parts per million and the 1-day 

minimum dissolved oxygen concentration may not be less than 8.0 parts per million in identified 

fish spawning areas. Between May 15th and September 30th, the number of Escherichia coli 

bacteria of human and domestic animal origin in these waters may not exceed a geometric mean 

of 64 per 100 milliliters or an instantaneous level of 236 per 100 milliliters. In determining 

human and domestic animal origin, the department shall assess licensed and unlicensed sources 

using available diagnostic procedures. 

Discharges to Class B waters may not cause adverse impact to aquatic life in that the receiving 

waters must be of sufficient quality to support all aquatic species indigenous to the receiving 

water without detrimental changes in the resident biological community. 

5. RECEIVING WATER QUALITY CONDITIONS 

The State of Maine 2008 Integrated Water Quality Monitoring and Assessment Report, (“Report”) 

prepared pursuant to Sections 303(d) and 305(b) of the Federal Water Pollution Control Act, lists a 

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

River in Howland to Orson Island in Old Town (Waterbody #232R) as, “Category 4-B: Rivers and 

Streams Impaired by Pollutants with Pollution Control Requirements Reasonably Expected to Result 

in Attainment.” Impairment in this context refers to a statewide fish consumption advisory due to 

the presence of dioxin. The Department is not aware of any information that the discharge from the 

Town of Howland is causing or contributing to the impairment. 

In the summers of 1997, 2001 and 2007, the Department conducted ambient water quality sampling 

on a 103-mile segment of the Penobscot River from Millinocket to Bucksport. Reports entitled, 

Penobscot River Modeling Report, Final, June 2000, Penobscot River Data Report May 2002, and 

Penobscot River Modeling Report Draft, March 2003, prepared by the Department, indicate there are 

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

the Class B sections of the rivers. In addition, the Department has issued a report entitled, Penobscot 

River Phosphorus Waste Load Allocation, February 2011 stating seasonal mass based limitations are 
ME0101788 FACT SHEET Page 6 of 16 

W002632-6C-F-R 

5. RECEIVING WATER QUALITY CONDITIONS 

necessary for the four industrial dischargers on the river and monitoring for total phosphorus for five 

municipal waste water treatment facilities. The Department has no information at this time that the 

Town of Mattawamkeag wastewater treatment facility causes or contributes to non-attainment of the 

standards for Class B waters. The Department reserves the right at any time, with notice to the 

permittee, to reopen this permit pursuant to Special Condition K to establish phosphorus monitoring 

requirements and/or effluent limitations as necessary to protect receiving water quality. 

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

Impaired Use, TMDL Completed. Impairment in this context refers to the designated use of 

recreational fishing due to elevated levels of mercury in some fish caused by atmospheric deposition. 

As a result, the State has established a fish consumption advisory for all freshwaters in Maine. The 

Report states that a regional scale TMDL has been approved. In addition, pursuant to Maine law, 

38 M.R.S.A. §420(1-B)(B), “a facility is not in violation of the ambient criteria for mercury if the 

facility is in compliance with an interim discharge limit established by the Department pursuant to 

section 413 subsection 11.” The Department has established interim monthly average and daily 

maximum mercury concentration limits for this facility. See the discussion on compliance in section 

6(j) of this Fact Sheet. 

6. EFFLUENT LIMITATIONS & MONITORING REQUIREMENTS 

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

0.30 MGD and continuous flow monitoring requirement which is being carried forward in this 

permitting action. The discharge flow limit of 0.30 MGD is higher than the reported monthly 

average design capacity of the treatment facility and was established in a licensing action in the 

late 1990’s to encourage the facility to hold waste water during periods when receiving water is 

most vulnerable to adverse impacts from point and non-point source pollution and to discharge at 

a higher rate when receiving water is passing higher flows. This permitting action is carrying 

forward a “continuous recorder” monitoring requirement for discharge flow. 

A review of the monthly DMR data for the period January 2007 – January 2010 indicates the 

permittee has been in compliance with the flow limitations 100% of the time with values reported 

as follows: 

Flow (DMRs=37) 

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

Monthly Average 0.30 0.06387- 0.20304 0.152 

Daily Maximum Report 0.0945 – 0.292 0.193 
ME0101788 FACT SHEET Page 7 of 16 

W002632-6C-F-R 

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

b. Dilution Factors: The Department established applicable dilution factors for the discharge in 

accordance with freshwater protocols established in Department rule Chapter 530, Surface Water 

Toxics Control Program, October 2005. With a monthly average discharge flow limit of 

0.30 MGD, dilution factors associated with the discharge from the Howland WWTF may be 

calculated as follows: 

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

 0.30 MGD 

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

 0.30 MGD 

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

 0.30 MGD 

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

 0.30 MGD 

Department rule Chapter 530.5 states: 

Analysis using numerical acute criteria for aquatic life must be based on 1⁄4 

of the 1Q10 stream design flow to prevent substantial acute toxicity within 

any mixing zone, according to EPA’s Mixing Zone Policy and to ensure a 

Zone of Passage of at least 3⁄4 of the cross-sectional area of any stream as 

required by Department rule. Where it can be demonstrated that a 

discharge achieves complete and rapid mixing with the receiving 

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

may use a greater proportion of the stream design flow, up to and including 

all of it, as long as the required Zone of Passage is maintained. 

The Town has not submitted site-specific information or data to the Department to 

demonstrate the mixing characteristics of the effluent with the receiving waters. Therefore, 

the Department is utilizing the default stream flow of 1⁄4 1Q10 in acute evaluations in 

accordance with Chapter 530. 

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

permitting action established monthly average and weekly average BOD5 & TSS concentration 

limits of 35 mg/L and 45 mg/L, respectively, The 35 mg/L is based on treatment equivalent to 

secondary treatment requirements in Department rule 06-096 CMR Chapter 525(3)(VI) (see 

discussion in italicized text on the next page) and the 45 mg/L is based on secondary treatment 

requirements of Department rule, 06-096 CMR, Chapter 525(3)(III). The daily maximum BOD5

& TSS concentration limits of 50 mg/L based on a Department best professional judgement 

(BPJ) of best practicable treatment (BPT). 
ME0101788 FACT SHEET Page 8 of 16 

W002632-6C-F-R 

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

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

A review of BOD5 & TSS effluent data on file with the Department for this facility 

indicates that the Town has not been able to consistently achieve compliance with the 

monthly average concentration limit of 30 mg/L. On May 4, 2005, the permittee 

submitted a letter to the Department, with supporting effluent data from the most recent 

6-year period, to demonstrate that the facility can not meet the monthly average 

secondary treatment standard of 30 mg/L through proper operation and maintenance of 

the treatment facility. The Town stated that it has a current Operation and Maintenance 

manual which is used to ensure the facility is operated at maximum efficiency and that 

the facility is within it’s design load capacity and does not receive industrial wastes. In 

addition, the Town stated, the treatment plant operator has suspended discharge as long 

as possible during periods when effluent quality would not comply with the numeric 

BOD5 & TSS limits and has experimented with changing the effluent draw-off point in 

an effort to discharge from the lagoon depth having the best effluent quality. The Town 

reported that despite these efforts and proper operation and maintenance of the 

treatment system, the Town has not been able to consistently achieve compliance with 

the monthly average secondary treatment standards for BOD5 & TSS of 30 mg/L. 

Consequently, the Town requested less stringent monthly average concentration limits 

for BOD5 & TSS. 

In part, Department rule, 06-096 CMR Chapter 525(3)(VI) contains the minimum level 

of effluent quality attainable by facilities eligible for treatment equivalent to secondary 

treatment in terms of the parameters BOD5 & TSS. Chapter 525(3)(II)(g) states 

facilities shall be considered eligible for treatment equivalent to secondary treatment if: 

(1) The BOD-5 and [T]SS effluent concentrations consistently achievable 

through proper operation and maintenance (paragraph (f)) of the treatment 

works exceed the minimum level of the effluent quality set forth in 

Subsections III(a) and (b), 

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

and 

(3) The treatment works provide significant biological treatment of municipal 

wastewater. 
ME0101788 FACT SHEET Page 9 of 16 

W002632-6C-F-R 

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

In this permitting action, the Department is making the best professional judgment determination 

that the Town of Howland wastewater treatment facility qualifies for treatment equivalent to 

secondary treatment. Chapter 525(3)(VI)(a) and (b) state, in part, that the 30-day average 

BOD5 & TSS concentration limits shall not exceed 45 mg/L. Further, in August 1997, the 

Department issued a user’s manual entitled, Design, Operation & Regulation of Aerated 

Facultative Lagoons in Maine, prepared by the Maine Lagoon Task Force. In this manual, the 

task force recommends that effluent BOD5 & TSS concentrations could range up to a maximum 

of 45 mg/L as a 30-day average when: 

a) the facility cannot consistently achieve secondary treatment defined as a 

30-day average of 30 mg/L 95 percent of the time based on at least three 

years of monthly average data, 

b) the facility provided information and data to demonstrate that the 

problem is uncontrollable while using a properly designed and operated 

lagoon or pond as the principal biological treatment process, and 

c) there are no extenuating circumstances such as overloading or industrial 

wastes. 

Based on the Town’s May 4, 2005 letter request and a review of the last six years of BOD5 & 

TSS effluent data, the Town seeks to increase the monthly average BOD5 & TSS concentration 

limits to 35 mg/L, as this value represents the effluent quality consistently achievable 95 percent 

of the time. 

Therefore, this permitting action is revising the monthly average concentration limits for BOD5

& TSS from 30 mg/L to 35 mg/L based on the treatment equivalent to secondary treatment 

provisions of the Department’s rules and the findings and recommendations of the 1997 lagoons 

task force report. It is noted that the permittee has not requested an increase in BOD5 & TSS 

mass limits. 

This permitting action is carrying forward all three concentration limitations. 

 

The 6/2/00 licensing action and the 5/16/05 permitting action established monthly average, 

weekly average and daily maximum mass limits of 51 lbs./day, 77 lbs./day and 85 lbs./day, 

respectively, based an influent design capacity of 0.205 MGD rather than the licensed effluent 

flow limit of 0.30 MGD. The mass was limited based on the influent design and increased the 

discharge flow limit to encourage the facility to hold waste water at critical times of the year or 

when effluent quality was not compliant with the effluent limits established in the permit. BOD5

& TSS mass limits were derived as follows: 

Monthly Average Mass Limit: (30 mg/L)(8.34 lbs./gallon)(0.205 MGD) = 51 lbs./day 

Weekly Average Mass Limit: (45 mg/L)(8.34 lbs./day)(0.205MGD) = 77 lbs./day 

Daily Maximum Mass Limit: (50 mg/L)(8.34 lbs./day)(0.205 MGD) = 85 lbs./day 
ME0101788 FACT SHEET Page 10 of 16 

W002632-6C-F-R 

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

A review of the monthly DMR data for the period January 2007 – January 2010 indicates the 

permittee has been in compliance with the BOD and TSS limitations 99% of the time with values 

reported as follows: 

BOD Mass (37 DMRs) 

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

Monthly Average 51 5 – 59 24 

Weekly Avg. 77 6 -72 32 

Daily Maximum 85 5 - 60 32 

BOD Concentration (37 DMRs) 

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

Monthly Average 35 3 - 37 18 

Weekly Average 45 8 - 44 23 

Daily Maximum 50 8 - 44 23 

TSS Mass (37 DMRs) 

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

Monthly Average 51 2 - 30 14 

Weekly Avg. 77 3 - 56 21 

Daily Maximum 85 3 - 56 21 

TSS Concentration (37 DMRs) 

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

Monthly Average 35 2 - 20 10 

Weekly Average 45 2 - 35 15 

Daily Maximum 50 2 - 35 15 

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

BOD5 & TSS pursuant to Department rule 06-096 CMR Chapter 525(3)(III)(a)(3) and (b)(3). 

Compliance with the limitation is based on a twelve-month rolling average. 

The previous permitting action established a minimum monitoring frequency requirement of 

once per week (1/Week) based on Department guidance for POTWs permitted to discharge 

between 0.1 and 0.5 MGD, and a “24-hour composite” sample type for BOD5 & TSS. Both 

the minimum monitoring frequency requirement and sample type are being carried forward 

in this permitting action. 
ME0101788 FACT SHEET Page 11 of 16 

W002632-6C-F-R 

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

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

concentration limitation of 0.3 ml/L for settleable solids based on a Department best professional 

judgment of best practicable treatment. The Department has since reconsidered the need to 

monitor and limit settleable solids at lagoon facilities and has made a best professional judgment 

decision to eliminate both the numeric limitation and monitoring requirements for this parameter. 

It is noted for the record, however, that a summary of settleable solids data as reported on the 

monthly DMRs for the period of January 2007 through January 2010 (n=37) indicates the daily 

maximum settleable solids concentration discharge has been in compliance with the 0.3 ml/L 

limit 100% of the time. 

e. Escherichia coliform (E. coli.) bacteria: The previous permitting action established seasonal 

(between May 15 and September 30 of each year) monthly average and daily maximum 

concentration limits for E. coli bacteria of 64 colonies/100 ml (geometric mean) and 

427 colonies/100 ml (instantaneous level), respectively, based on the State of Maine Water 

Classification Program criteria for Class B waters found at 38 M.R.S.A. §465(3)(B) at the time 

of permitting along with a minimum monitoring frequency requirement of 2/Week. 

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

standards of 236 colonies/100 ml for water bodies designated as Class B and Class C. The 

Department has determined that end-of-pipe limitations for the instantaneous concentration 

standard of 427 colonies/100 mL will be achieved through available dilution of the effluent with 

the receiving waters and need not be revised in MEPDES permits for facilities with adequate 

dilution. The bacteria limits established in this permitting action are seasonal and apply between 

May 15 and September 30 of each year. The Department reserves the right to impose year-round 

bacteria limits, if necessary, to protect the health, safety and welfare of the public. 

A review of the seasonal monthly DMR data for the period May 2007 – September 2009 

indicates the permittee has been in compliance with the previous permit limits 100% of the time 

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

E. coli bacteria (13 DMRs) 

Value Limit (col/100 ml) Range (col/100 ml) Mean (col/100 ml) 

Monthly Average 64 0 – 6.9 2.4 

Daily Maximum 427 1 - 301 29 

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

technology-based concentration limit of 1.0 mg/L for TRC and a minimum monitoring frequency 

requirement of once per day (1/Day). Limitations on TRC are specified to ensure that ambient 

water quality standards are maintained and that BPT technology is being applied to the discharge. 

Department licensing/permitting actions impose the more stringent of either a water quality- 
ME0101788 FACT SHEET Page 12 of 16 

W002632-6C-F-R 

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

based or BPT based limit. With dilution factors as determined above and current ambient water 

quality criteria (AWQC) for chlorine provided below, end-of-pipe water quality based 

concentration thresholds for TRC may be calculated as follows: 

Calculated 

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

Criterion Criterion Dilution Factors Threshold Threshold 

0.019 mg/L 0.011 mg/L 1,453:1 (Mod. A) 27.6 mg/L 71.0 mg/L 

 6,458:1 (C) 

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

disinfect their effluent with elemental chlorine or chlorine-based compounds, which is being 

carried forward in this permitting action as it is more stringent than the calculated acute and 

chronic water quality-based thresholds above. TRC monitoring must be performed during any 

period in which chlorine-based compounds are in for effluent disinfection. For instances when 

chlorine-based compounds are not in use for disinfection for an entire reporting period, the 

facility shall report “NODI-9” for this parameter on the monthly Discharge Monitoring Report 

(DMR). 

A review of the DMR data for the period May 2007 – September 2009 indicates the permittee 

has been in compliance with both the monthly average and daily maximum concentration limits 

100% and has reported values as follows: 

Total residual chlorine (15 DMRs) 

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

Daily Maximum 1.0 0.08 – 0.55 0.20 

Based on the excellent compliance history, the significantly available dilution, this permitting 

action is reducing the monitoring frequency from 1/Day to 1/Week. 

g. pH Range- The previous permitting action established a technology based BPT pH range 

limitation of 6.0 –9.0 standard units pursuant to a Department rule, 06-096 CMR Chapter 

525(3)(III)(c) that is being carried forward in this permitting action. 
ME0101788 FACT SHEET Page 13 of 16 

W002632-6C-F-R 

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

h. Total Phosphorus and Total Orthophosphate: The previous permitting action established a 

monthly average and daily maximum concentration and mass reporting requirements for total 

phosphorus and total orthophosphate during the warm season (June 1 through September 30) of 

calendar year 2005 to facilitate the collection of data necessary to assess the Town’s contribution 

of phosphorus loading to the receiving water. A review of the DMR data for the period June – 

September of 2005 indicates values have been reported as follows: 

Total phosphorus (Concentration) (4 DMRs) 

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

Monthly Average 2 - 4 3 

Daily Maximum 3 - 5 4 

Total phosphorus (Mass) (4 DMRs) 

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

Monthly Average 5 – 10 7 

Daily Maximum 4 - 18 9 

Total Orthophosphate (Concentration) (4 DMRs) 

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

Monthly Average 2 – 3 3 

Daily Maximum 2 - 4 3 

Total Orthophosphate (Mass) (4 DMRs) 

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

Monthly Average 3 – 8 4 

Daily Maximum 5 – 8 4 

This permitting action is not carrying forward the monitoring requirements for total phosphorus 

or total orthophosphate as the Department has determined it has enough information on the 

discharge levels of phosphorus from the Howland facility and said levels are not causing or 

contributing to violations of Class B water quality standards. 

i. Whole Effluent Toxicity (WET) and Chemical Specific Testing – The previous permitting action 

did not contain any WET or chemical specific testing requirements as the Howland facility was 

exempt from said testing pursuant the Department rule Chapter 530.5. Maine law, 

38 M.R.S.A., Sections 414-A and 420, prohibit the discharge of effluents containing substances 

in amounts that would cause the surface waters of the State to contain toxic substances above 

levels set forth in Federal Water Quality 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 
ME0101788 FACT SHEET Page 14 of 16 

W002632-6C-F-R 

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

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. 

Chapter 530 establishes four categories of testing requirements based predominately on the 

chronic dilution factor. The categories are as follows: 

1) Level I – chronic dilution factor of <20:1. 

2) Level II – chronic dilution factor of >20:1 but <100:1. 

3) Level III – chronic dilution factor >100:1 but <500:1 or >500:1 and Q >1.0 MGD 

4) Level IV – chronic dilution >500:1 and Q <1.0 MGD 

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 IV frequency 

category as the facility has a chronic dilution factor of >500:1 and a Q< 1.0 MGD. Chapter 

530(1)(D)(1) specifies that default screening and surveillance level testing requirements are as 

follows: 

Screening level testing – Beginning 12 months prior to permit expiration and lasting through 

permit expiration and every five years thereafter. 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

IV 1 per year 1 per year 4 per year 

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

12 months prior to permit expiration. 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

IV 1 per year None required 1 per year 
ME0101788 FACT SHEET Page 15 of 16 

W002632-6C-F-R 

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

The routine testing requirements for Level IV are waived pursuant Chapter 530, except that the 

Department shall require an individual discharger to conduct testing under the following 

conditions. 

(a) The discharger's permit application or information available to the Department indicate that 

toxic compounds may be present in toxic amounts; or 

(b) Previous testing conducted by the discharger or similar dischargers indicates that toxic 

compounds may be present in toxic amounts. 

The Department has no information on file that warrants establishing WET, priority pollutant or 

analytical chemistry testing. Special Condition I, 06-096 CMR 530(D)(2)(4) Statement For 

Reduced/Waived Toxics Testing, of this permit requires the permittee to submit an annual 

certification indicating the discharge from the facility has not change changed substantially since 

the previous permitting action. If future WET, analytical chemistry or priority pollutant test 

results indicates the discharge exceeds AWQC, this permit will be reopened pursuant to Special 

Condition L, Reopening of Permit For Modification, of this permit to establish applicable 

limitations and monitoring requirements. 

j. Mercury: Pursuant to Certain deposits and discharges prohibited, Maine law, 38 M.R.S.A. 

§420 and Waste Discharge Licenses, 38 M.R.S.A. § 413 and Interim Effluent Limitations and 

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

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

August 28, 2000, thereby administratively modifying MEPDES ME0101788/WDL 

W002632-5L-D-R by establishing interim average and daily maximum effluent concentration 

limits of 12.1 parts per trillion (ppt) and 18.1 ppt, respectively, and a minimum monitoring 

frequency requirement of two (2) tests per year for mercury. It is noted the limitations have not 

been incorporated into Special Condition A, Effluent Limitations And Monitoring Requirements, 

of this permit as limitations and monitoring frequencies are regulated separately through Maine 

law, 38 M.R.S.A.§ 413 and 06-096 CMR 519 and Special Condition J of this permit. The interim 

limitations remain in effect and enforceable and any modifications to the limits and or 

monitoring requirements will be formalized outside of this permitting document. 

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

for mercury if the facility is in compliance with an interim discharge limit established by the 

Department pursuant to section 413, subsection 11. A review of the Department’s database for 

the previous 60-month period indicates mercury test results reported have ranged from 1.0 ppt to 

3.7 ppt with an arithmetic mean (n=11) of 2.4 ppt. 
ME0101788 FACT SHEET Page 16 of 16 

W002632-6C-F-R 

7. DISCHARGE IMPACT ON RECEIVING WATER QUALITY 

As permitted, the Department has determined the existing water uses will be maintained and 

protected and the discharge will not cause or contribute to the failure of the Penobscot River to meet 

standards for Class B classification. 

8. PUBLIC COMMENTS 

Public notice of this application was made in the Lincoln News newspaper on or about 

February 18, 2005. The Department receives public comments on an application until the date a 

final agency action is taken on the application. Those persons receiving copies of draft permits 

shall have at least 30 days in which to submit comments on the draft or to request a public hearing, 

pursuant to Chapter 522 of the Department’s rules. 

9. DEPARTMENT CONTACTS 

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

comments sent to: 

Gregg Wood 

Division of Water Quality Management 

Bureau of Land & Water Quality 

Department of Environmental Protection 

17 State House Station 

Augusta, Maine 04333-0017 Telephone: (207) 287-7693 

e-mail: gregg.woo@maine.gov

10. RESPONSE TO COMMENTS 

During the period of March 22, 2011, through the issuance date of the permit/license, the 

Department solicited comments on the proposed draft permit/license to be issued for the discharge(s) 

from the permittee’s facility. The Department did not receive comments from the permittee, state or 

federal agencies or interested parties that resulted in any substantive change(s) in the terms and 

conditions of the permit. Therefore, the Department has not prepared a Response to Comments. 






MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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

CONTENTS

SECTION TOPIC PAGE 

A GENERAL PROVISIONS 

1 General compliance 2 

2 Other materials 2 

3 Duty to Comply 2 

4 Duty to provide information 2 

5 Permit actions 2 

6 Reopener clause 2 

7 Oil and hazardous substances 2 

8 Property rights 3 

9 Confidentiality 3 

10 Duty to reapply 3 

11 Other laws 3 

12 Inspection and entry 3 

B OPERATION AND MAINTENANCE OF FACILITIES 

1 General facility requirements 3 

2 Proper operation and maintenance 4 

3 Need to halt reduce not a defense 4 

4 Duty to mitigate 4 

5 Bypasses 4 

6 Upsets 5 

C MONITORING AND RECORDS 

1 General requirements 6 

2 Representative sampling 6 

3 Monitoring and records 6 

D REPORTING REQUIREMENTS 

1 Reporting requirements 7 

2 Signatory requirement 8 

3 Availability of reports 8 

4 Existing manufacturing, commercial, mining, and silvicultural dischargers 8 

5 Publicly owned treatment works 9 

E OTHER PROVISIONS 

1 Emergency action - power failure 9 

2 Spill prevention 10 

3 Removed substances 10 

4 Connection to municipal sewer 10 

F DEFINTIONS 10 

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A. GENERAL PROVISIONS 

1. General compliance. All discharges shall be consistent with the terms and conditions of this permit; 

any changes in production capacity or process modifications which result in changes in the quantity or the 

characteristics of the discharge must be authorized by an additional license or by modifications of this 

permit; it shall be a violation of the terms and conditions of this permit to discharge any pollutant not 

identified and authorized herein or to discharge in excess of the rates or quantities authorized herein or to 

violate any other conditions of this permit. 

2. Other materials. Other materials ordinarily produced or used in the operation of this facility, which 

have been specifically identified in the application, may be discharged at the maximum frequency and 

maximum level identified in the application, provided: 

(a) They are not 

(i) Designated as toxic or hazardous under the provisions of Sections 307 and 311, 

respectively, of the Federal Water Pollution Control Act; Title 38, Section 420, Maine 

Revised Statutes; or other applicable State Law; or 

(ii) Known to be hazardous or toxic by the licensee. 

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

3. Duty to comply. The permittee must comply with all conditions of this permit. Any permit 

noncompliance constitutes a violation of State law and the Clean Water Act and is grounds for 

enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a 

permit renewal application. 

(a) The permittee shall comply with effluent standards or prohibitions established under section 

307(a) of the Clean Water Act, and 38 MRSA, §420 or Chapter 530.5 for toxic pollutants 

within the time provided in the regulations that establish these standards or prohibitions, even 

if the permit has not yet been modified to incorporate the requirement. 

(b) Any person who violates any provision of the laws administered by the Department, 

including without limitation, a violation of the terms of any order, rule license, permit, 

approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

4. Duty to provide information. The permittee shall furnish to the Department, within a reasonable 

time, any information which the Department may request to determine whether cause exists for 

modifying, revoking and reissuing, or terminating this permit or to determine compliance with this 

permit. The permittee shall also furnish to the Department upon request, copies of records required to be 

kept by this permit. 

5. Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The 

filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or 

a notification of planned changes or anticipated noncompliance does not stay any permit condition. 

6. Reopener clause. The Department reserves the right to make appropriate revisions to this permit in 

order to establish any appropriate effluent limitations, schedule of compliance or other provisions which 

may be authorized under 38 MRSA, §414-A(5). 

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

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7. Oil and hazardous substances. Nothing in this permit shall be construed to preclude the institution 

of any legal action or relieve the permittee from any responsibilities, liabilities or penalties to which the 

permittee is or may be subject under section 311 of the Federal Clean Water Act; section 106 of the 

Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980; or 38 MRSA 

§§ 1301, et. seq. 

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

privilege. 

9. Confidentiality of records. 38 MRSA §414(6) reads as follows. "Any records, reports or information 

obtained under this subchapter is available to the public, except that upon a showing satisfactory to the 

department by any person that any records, reports or information, or particular part or any record, report or 

information, other than the names and addresses of applicants, license applications, licenses, and effluent 

data, to which the department has access under this subchapter would, if made public, divulge methods or 

processes that are entitled to protection as trade secrets, these records, reports or information must be 

confidential and not available for public inspection or examination. Any records, reports or information may 

be disclosed to employees or authorized representatives of the State or the United States concerned with 

carrying out this subchapter or any applicable federal law, and to any party to a hearing held under this 

section on terms the commissioner may prescribe in order to protect these confidential records, reports and 

information, as long as this disclosure is material and relevant to any issue under consideration by the 

department." 

10. Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the 

expiration date of this permit, the permittee must apply for and obtain a new permit. 

11. Other laws. The issuance of this permit does not authorize any injury to persons or property or 

invasion of other property rights, nor does it relieve the permittee if its obligation to comply with other 

applicable Federal, State or local laws and regulations. 

12. Inspection and entry. The permittee shall allow the Department, or an authorized representative 

(including an authorized contractor acting as a representative of the EPA Administrator), upon 

presentation of credentials and other documents as may be required by law, to: 

(a) Enter upon the permittee's premises where a regulated facility or activity is located or 

conducted, or where records must be kept under the conditions of this permit; 

(b) Have access to and copy, at reasonable times, any records that must be kept under the 

conditions of this permit; 

(c) Inspect at reasonable times any facilities, equipment (including monitoring and control 

equipment), practices, or operations regulated or required under this permit; and 

(d) Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as 

otherwise authorized by the Clean Water Act, any substances or parameters at any location. 

B. OPERATION AND MAINTENACE OF FACILITIES 

1. General facility requirements. 

(a) The permittee shall collect all waste flows designated by the Department as requiring 

treatment and discharge them into an approved waste treatment facility in such a manner as to 

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

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maximize removal of pollutants unless authorization to the contrary is obtained from the 

Department. 

(b) The permittee shall at all times maintain in good working order and operate at maximum 

efficiency all waste water collection, treatment and/or control facilities. 

(c) All necessary waste treatment facilities will be installed and operational prior to the discharge 

of any wastewaters. 

(d) Final plans and specifications must be submitted to the Department for review prior to the 

construction or modification of any treatment facilities. 

(e) The permittee shall install flow measuring facilities of a design approved by the Department. 

(f) The permittee must provide an outfall of a design approved by the Department which is 

placed in the receiving waters in such a manner that the maximum mixing and dispersion of 

the wastewaters will be achieved as rapidly as possible. 

2. Proper operation and maintenance. The permittee shall at all times properly operate and maintain all 

facilities and systems of treatment and control (and related appurtenances) which are installed or used by 

the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance 

also includes adequate laboratory controls and appropriate quality assurance procedures. This provision 

requires the operation of back-up or auxiliary facilities or similar systems which are installed by a 

permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 

3. Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an 

enforcement action that it would have been necessary to halt or reduce the permitted activity in order to 

maintain compliance with the conditions of this permit. 

4. Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any discharge 

or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely 

affecting human health or the environment. 

5. Bypasses.

(a) Definitions. 

(i) Bypass means the intentional diversion of waste streams from any portion of a treatment 

facility. 

(ii) Severe property damage means substantial physical damage to property, damage to the 

treatment facilities which causes them to become inoperable, or substantial and 

permanent loss of natural resources which can reasonably be expected to occur in the 

absence of a bypass. Severe property damage does not mean economic loss caused by 

delays in production. 

(b) Bypass not exceeding limitations. The permittee may allow any bypass to occur which does 

not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to 

assure efficient operation. These bypasses are not subject to the provisions of paragraphs (c) 

and (d) of this section. 

(c) Notice. 

(i) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall 

submit prior notice, if possible at least ten days before the date of the bypass. 

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

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(ii) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as 

required in paragraph D(1)(f), below. (24-hour notice). 

(d) Prohibition of bypass. 

(i) Bypass is prohibited, and the Department may take enforcement action against a 

permittee for bypass, unless: 

(A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property 

damage; 

(B) There were no feasible alternatives to the bypass, such as the use of auxiliary 

treatment facilities, retention of untreated wastes, or maintenance during normal 

periods of equipment downtime. This condition is not satisfied if adequate back-up 

equipment should have been installed in the exercise of reasonable engineering 

judgment to prevent a bypass which occurred during normal periods of equipment 

downtime or preventive maintenance; and 

(C) The permittee submitted notices as required under paragraph (c) of this section. 

(ii) The Department may approve an anticipated bypass, after considering its adverse effects, 

if the Department determines that it will meet the three conditions listed above in 

paragraph (d)(i) of this section. 

6. Upsets.

(a) Definition. Upset means an exceptional incident in which there is unintentional and 

temporary noncompliance with technology based permit effluent limitations because of 

factors beyond the reasonable control of the permittee. An upset does not include 

noncompliance to the extent caused by operational error, improperly designed treatment 

facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or 

improper operation. 

(b) Effect of an upset. An upset constitutes an affirmative defense to an action brought for 

noncompliance with such technology based permit effluent limitations if the requirements of 

paragraph (c) of this section are met. No determination made during administrative review of 

claims that noncompliance was caused by upset, and before an action for noncompliance, is 

final administrative action subject to judicial review. 

(c) Conditions necessary for a demonstration of upset. A permittee who wishes to establish the 

affirmative defense of upset shall demonstrate, through properly signed, contemporaneous 

operating logs, or other relevant evidence that: 

(i) An upset occurred and that the permittee can identify the cause(s) of the upset; 

(ii) The permitted facility was at the time being properly operated; and 

(iii) The permittee submitted notice of the upset as required in paragraph D(1)(f) , below. (24 

hour notice). 

(iv) The permittee complied with any remedial measures required under paragraph B(4). 

(d) Burden of proof. In any enforcement proceeding the permittee seeking to establish the 

occurrence of an upset has the burden of proof. 

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

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C. MONITORING AND RECORDS 

1. General Requirements. This permit shall be subject to such monitoring requirements as may be 

reasonably required by the Department including the installation, use and maintenance of monitoring 

equipment or methods (including, where appropriate, biological monitoring methods). The permittee 

shall provide the Department with periodic reports on the proper Department reporting form of 

monitoring results obtained pursuant to the monitoring requirements contained herein. 

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

of the volume and nature of the monitored discharge. If effluent limitations are based wholly or partially 

on quantities of a product processed, the permittee shall ensure samples are representative of times when 

production is taking place. Where discharge monitoring is required when production is less than 50%, the 

resulting data shall be reported as a daily measurement but not included in computation of averages, 

unless specifically authorized by the Department. 

3. Monitoring and records. 

(a) Samples and measurements taken for the purpose of monitoring shall be representative of the 

monitored activity. 

(b) Except for records of monitoring information required by this permit related to the permittee's 

sewage sludge use and disposal activities, which shall be retained for a period of at least five 

years, the permittee shall retain records of all monitoring information, including all 

calibration and maintenance records and all original strip chart recordings for continuous 

monitoring instrumentation, copies of all reports required by this permit, and records of all 

data used to complete the application for this permit, for a period of at least 3 years from the 

date of the sample, measurement, report or application. This period may be extended by 

request of the Department at any time. 

(c) Records of monitoring information shall include: 

(i) The date, exact place, and time of sampling or measurements; 

(ii) The individual(s) who performed the sampling or measurements; 

(iii) The date(s) analyses were performed; 

(iv) The individual(s) who performed the analyses; 

(v) The analytical techniques or methods used; and 

(vi) The results of such analyses. 

(d) Monitoring results must be conducted according to test procedures approved under 40 CFR 

part 136, unless other test procedures have been specified in the permit. 

(e) State law provides that any person who tampers with or renders inaccurate any monitoring 

devices or method required by any provision of law, or any order, rule license, permit 

approval or decision is subject to the penalties set forth in 38 MRSA, §349. 

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

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D. REPORTING REQUIREMENTS 

1. Reporting requirements. 

(a) Planned changes. The permittee shall give notice to the Department as soon as possible of 

any planned physical alterations or additions to the permitted facility. Notice is required only 

when: 

(i) The alteration or addition to a permitted facility may meet one of the criteria for 

determining whether a facility is a new source in 40 CFR 122.29(b); or 

(ii) The alteration or addition could significantly change the nature or increase the quantity of 

pollutants discharged. This notification applies to pollutants which are subject neither to 

effluent limitations in the permit, nor to notification requirements under Section D(4). 

(iii) The alteration or addition results in a significant change in the permittee's sludge use or 

disposal practices, and such alteration, addition, or change may justify the application of 

permit conditions that are different from or absent in the existing permit, including 

notification of additional use or disposal sites not reported during the permit application 

process or not reported pursuant to an approved land application plan; 

(b) Anticipated noncompliance. The permittee shall give advance notice to the Department of 

any planned changes in the permitted facility or activity which may result in noncompliance 

with permit requirements. 

(c) Transfers. This permit is not transferable to any person except upon application to and 

approval of the Department pursuant to 38 MRSA, § 344 and Chapters 2 and 522. 

(d) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere 

in this permit. 

(i) Monitoring results must be reported on a Discharge Monitoring Report (DMR) or forms 

provided or specified by the Department for reporting results of monitoring of sludge use 

or disposal practices. 

(ii) If the permittee monitors any pollutant more frequently than required by the permit using 

test procedures approved under 40 CFR part 136 or as specified in the permit, the results 

of this monitoring shall be included in the calculation and reporting of the data submitted 

in the DMR or sludge reporting form specified by the Department. 

(iii) Calculations for all limitations which require averaging of measurements shall utilize an 

arithmetic mean unless otherwise specified by the Department in the permit. 

(e) Compliance schedules. Reports of compliance or noncompliance with, or any progress 

reports on, interim and final requirements contained in any compliance schedule of this 

permit shall be submitted no later than 14 days following each schedule date. 

(f) Twenty-four hour reporting. 

(i) The permittee shall report any noncompliance which may endanger health or the 

environment. Any information shall be provided orally within 24 hours from the time the 

permittee becomes aware of the circumstances. A written submission shall also be 

provided within 5 days of the time the permittee becomes aware of the circumstances. 

The written submission shall contain a description of the noncompliance and its cause; 

the period of noncompliance, including exact dates and times, and if the noncompliance 

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has not been corrected, the anticipated time it is expected to continue; and steps taken or 

planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. 

(ii) The following shall be included as information which must be reported within 24 hours 

under this paragraph. 

(A) Any unanticipated bypass which exceeds any effluent limitation in the permit. 

(B) Any upset which exceeds any effluent limitation in the permit. 

(C) Violation of a maximum daily discharge limitation for any of the pollutants listed by 

the Department in the permit to be reported within 24 hours. 

(iii) The Department may waive the written report on a case-by-case basis for reports under 

paragraph (f)(ii) of this section if the oral report has been received within 24 hours. 

(g) Other noncompliance. The permittee shall report all instances of noncompliance not reported 

under paragraphs (d), (e), and (f) of this section, at the time monitoring reports are submitted. 

The reports shall contain the information listed in paragraph (f) of this section. 

(h) Other information. Where the permittee becomes aware that it failed to submit any relevant 

facts in a permit application, or submitted incorrect information in a permit application or in 

any report to the Department, it shall promptly submit such facts or information. 

2. Signatory requirement. All applications, reports, or information submitted to the Department shall 

be signed and certified as required by Chapter 521, Section 5 of the Department's rules. State law 

provides that any person who knowingly makes any false statement, representation or certification in any 

application, record, report, plan or other document filed or required to be maintained by any order, rule, 

permit, approval or decision of the Board or Commissioner is subject to the penalties set forth in 38 

MRSA, §349. 

3. Availability of reports. Except for data determined to be confidential under A(9), above, all reports 

prepared in accordance with the terms of this permit shall be available for public inspection at the offices 

of the Department. As required by State law, effluent data shall not be considered confidential. 

Knowingly making any false statement on any such report may result in the imposition of criminal 

sanctions as provided by law. 

4. Existing manufacturing, commercial, mining, and silvicultural dischargers. In addition to the 

reporting requirements under this Section, all existing manufacturing, commercial, mining, and 

silvicultural dischargers must notify the Department as soon as they know or have reason to believe: 

(a) That any activity has occurred or will occur which would result in the discharge, on a routine 

or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge 

will exceed the highest of the following "notification levels'': 

(i) One hundred micrograms per liter (100 ug/l); 

(ii) Two hundred micrograms per liter (200 ug/l) for acrolein and acrylonitrile; five hundred 

micrograms per liter (500 ug/l) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; 

and one milligram per liter (1 mg/l) for antimony; 

(iii) Five (5) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

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(b) That any activity has occurred or will occur which would result in any discharge, on a nonroutine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that 

discharge will exceed the highest of the following ``notification levels'': 

(i) Five hundred micrograms per liter (500 ug/l); 

(ii) One milligram per liter (1 mg/l) for antimony; 

(iii) Ten (10) times the maximum concentration value reported for that pollutant in the permit 

application in accordance with Chapter 521 Section 4(g)(7); or 

(iv) The level established by the Department in accordance with Chapter 523 Section 5(f). 

5. Publicly owned treatment works. 

(a) All POTWs must provide adequate notice to the Department of the following: 

(i) Any new introduction of pollutants into the POTW from an indirect discharger which 

would be subject to section 301 or 306 of CWA or Chapter 528 if it were directly 

discharging those pollutants. 

(ii) Any substantial change in the volume or character of pollutants being introduced into that 

POTW by a source introducing pollutants into the POTW at the time of issuance of the 

permit. 

(iii) For purposes of this paragraph, adequate notice shall include information on (A) the 

quality and quantity of effluent introduced into the POTW, and (B) any anticipated 

impact of the change on the quantity or quality of effluent to be discharged from the 

POTW. 

(b) When the effluent discharged by a POTW for a period of three consecutive months exceeds 

80 percent of the permitted flow, the permittee shall submit to the Department a projection of 

loadings up to the time when the design capacity of the treatment facility will be reached, and 

a program for maintaining satisfactory treatment levels consistent with approved water 

quality management plans. 

E. OTHER REQUIREMENTS 

1. Emergency action - power failure. Within thirty days after the effective date of this permit, the 

permittee shall notify the Department of facilities and plans to be used in the event the primary source of 

power to its wastewater pumping and treatment facilities fails as follows. 

(a) For municipal sources. During power failure, all wastewaters which are normally treated 

shall receive a minimum of primary treatment and disinfection. Unless otherwise approved, 

alternate power supplies shall be provided for pumping stations and treatment facilities. Alternate 

power supplies shall be on-site generating units or an outside power source which is separate and 

independent from sources used for normal operation of the wastewater facilities. 

(b) For industrial and commercial sources. The permittee shall either maintain an alternative 

power source sufficient to operate the wastewater pumping and treatment facilities or halt, reduce 

or otherwise control production and or all discharges upon reduction or loss of power to the 

wastewater pumping or treatment facilities. 

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

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2. Spill prevention. (applicable only to industrial sources) Within six months of the effective date of 

this permit, the permittee shall submit to the Department for review and approval, with or without 

conditions, a spill prevention plan. The plan shall delineate methods and measures to be taken to prevent 

and or contain any spills of pulp, chemicals, oils or other contaminates and shall specify means of 

disposal and or treatment to be used. 

3. Removed substances. Solids, sludges trash rack cleanings, filter backwash, or other pollutants 

removed from or resulting from the treatment or control of waste waters shall be disposed of in a manner 

approved by the Department. 

4. Connection to municipal sewer. (applicable only to industrial and commercial sources) All 

wastewaters designated by the Department as treatable in a municipal treatment system will be cosigned 

to that system when it is available. This permit will expire 90 days after the municipal treatment facility 

becomes available, unless this time is extended by the Department in writing. 

F. DEFINITIONS. For the purposes of this permit, the following definitions shall apply. Other 

definitions applicable to this permit may be found in Chapters 520 through 529 of the Department's rules 

Average means the arithmetic mean of values taken at the frequency required for each parameter over the 

specified period. For bacteria, the average shall be the geometric mean. 

Average monthly discharge limitation means the highest allowable average of daily discharges over a 

calendar month, calculated as the sum of all daily discharges measured during a calendar month divided 

by the number of daily discharges measured during that month. Except, however, bacteriological tests 

may be calculated as a geometric mean. 

Average weekly discharge limitation means the highest allowable average of daily discharges over a 

calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by 

the number of daily discharges measured during that week. 

Best management practices ("BMPs'') means schedules of activities, prohibitions of practices, 

maintenance procedures, and other management practices to prevent or reduce the pollution of waters of 

the State. BMPs also include treatment requirements, operating procedures, and practices to control plant 

site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 

Composite sample means a sample consisting of a minimum of eight grab samples collected at equal 

intervals during a 24 hour period (or a lesser period as specified in the section on monitoring and 

reporting) and combined proportional to the flow over that same time period. 

Continuous discharge means a discharge which occurs without interruption throughout the operating 

hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar 

activities. 

Daily discharge means the discharge of a pollutant measured during a calendar day or any 24-hour period 

that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations 

expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged 

over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge 

is calculated as the average measurement of the pollutant over the day. 

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

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Discharge Monitoring Report ("DMR'') means the EPA uniform national form, including any 

subsequent additions, revisions, or modifications for the reporting of self-monitoring results by 

permittees. DMRs must be used by approved States as well as by EPA. EPA will supply DMRs to any 

approved State upon request. The EPA national forms may be modified to substitute the State Agency 

name, address, logo, and other similar information, as appropriate, in place of EPA's. 

Flow weighted composite sample means a composite sample consisting of a mixture of aliquots 

collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of 

the discharge. 

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

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

sources, both: 

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, 

use or disposal; and 

(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit 

(including an increase in the magnitude or duration of a violation) or of the prevention of 

sewage sludge use or disposal in compliance with the following statutory provisions and 

regulations or permits issued thereunder (or more stringent State or local regulations): Section 

405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more 

commonly referred to as the Resource Conservation and Recovery Act (RCRA), and 

including State regulations contained in any State sludge management plan prepared pursuant 

to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the 

Marine Protection, Research and Sanctuaries Act. 

Maximum daily discharge limitation means the highest allowable daily discharge. 

New source means any building, structure, facility, or installation from which there is or may be a 

discharge of pollutants, the construction of which commenced: 

(a) After promulgation of standards of performance under section 306 of CWA which are 

applicable to such source, or 

(b) After proposal of standards of performance in accordance with section 306 of CWA 

which are applicable to such source, but only if the standards are promulgated in accordance 

with section 306 within 120 days of their proposal. 

Pass through means a discharge which exits the POTW into waters of the State in quantities or 

concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a 

cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the 

magnitude or duration of a violation). 

Permit means an authorization, license, or equivalent control document issued by EPA or an approved 

State to implement the requirements of 40 CFR parts 122, 123 and 124. Permit includes an NPDES 

general permit (Chapter 529). Permit does not include any permit which has not yet been the subject of 

final agency action, such as a draft permit or a proposed permit. 

Person means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, 

federal agency or other legal entity. 

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Revised July 1, 2002 Page 12 

Point source means any discernible, confined and discrete conveyance, including, but not limited to, any 

pipe, ditch, channel, tunnel, conduit, well, discrete 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.