# dep

westvirginio department ofenvironmental protection

Division of Water and Waste Management Joe Manchin III, Governor 601 57th Street SE Randy C.Huffman, Cabinet Secretary Charleston, WV 25304 www.wvdep.org Phone: (304) 926-0495 Fax: (304) 926-0463 August 

### 11,2009 Albert 

### K. Campbell City of Wheeling 

### P.O. Box 6348 Wheeling, WV 26003-0613
CERTIFIED RETURN RECEIPT REQUESTED Re: WV/NPDES Permit No. WV0023230 AO 6568, Amendment No. 1 Dear 

### Mr. Campbell:
Enclosed find Amendment 

### No. 1toAdministrative Order 

### No. 6568, issued this date, pursuant to Chapter 

### 22, Article I1 ofthe West Virginia Code. This amended ORDER is being issued to address requirements pertaining to the City of Wheeling's acceptance of oil and gas related wastewater. The USEPA and WVDEP discourage POTWs from accepting wastewater from oil and gas operations such ascoal bed methane gas and marcellus shale wastewaters because these wastewaters essentially pass through sewage treatment plants and can cause inhibition and interference with treatment plant operations. You should carefully read the contents of the enclosed amended ORDER and communicate to each responsible official, agency, and employee the actions which each must take to ensure compliance with its terms. Failure to comply with the terms ofthis amended ORDER constitutes an additional violation, and may result in further enforcement action involving civil or criminal penalties.
Please note that, asindicated by its terms, the amended ORDER is effective upon its receipt.

Promoting a healthy environment.

## Ifyou have any questions concerning this amended ORDER, or related matters, please

contact Netar Wadhwa at304-926-0499, Extension 1013. Sincerely,

Scott 

### G. Mandrolia Acting Director SGM/mls Enclosure CC w/enclosure: Environmental Enforcement Inspector Environmental Enforcement Inspector Supervisor US EPA Region 3

# dep

westvirginia department ofenvironmental protection

Division of Water andWaste Management JoeManchin III, Governor 601 57th Street SE Randy C.Huffman, Cabinet Secretary Charleston, WV 25304 www.wvdep.org Phone: (304) 926-0495 Fax: (304) 926-0463 ORDER ISSUED UNDER THE WATER POLLUTION CONTROL ACT WEST VIRGINIA 

### CODE, CHAPTER 

### 22,ARTICLE 11 TO: Albert 

### K. Campbell, Superintendent DATE: August 

### 11,2009

Wheeling Water Pollution Control Division Order Number: 6568 

### P.O. Box 6348 Amendment 

### No.: 1 Wheeling, WV 26003

INTRODUCTION
The following findings are made and Order issued to theWheeling Water Pollution Control Division (permittee) pursuant tothe authority vested in the Director ofthe Division of Water and Waste Management under Chapter 

### 22, Article 11, Section 1 etseq. of the Code of West Virginia.

FINDINGS OF FACT
In support of this Order, the Director hereby finds the following: 

### 1. The permittee was issued WV/NPDES Permit Number WV0023230 on June 

### 9,2006 to discharge treated domestic and industrial wastewaters tothe Ohio River through Outlet 

### No. 001 and to implement apretreatment program. 

### 2. The permittee was issued Administrative Order 

### No. 6568 on October 

### 28, 2008 due tothe acceptance of oil and gas related wastewater from Liquid Assets Disposal (LAD). Among other things, this Order required the permittee to submit apermit modification application tothis agency to incorporate alocal limit for chlorides within ninety days. 

### 3. Since the issuance of the Order, the permittee has requested additional time to develop its local limit for chloride. The previously identified chloride nitrification inhibition level of 180 mg/l is apublished value bythe US EPA. The original order prescribed limitations on LAD to beprotective of this inhibition level. If the permittee finds that higher levels of chloride will not inhibit nitrification, the permittee may propose an alternate level that Promoting a healthy 

### environment.WWPCD Order No. 6568 Page2 isprotective of the nitrification process. However, any proposed alternate level must also beprotective of all processes. Supporting documentation must besubmitted to justify an alternate level. 

### 4. Since the issuance of the Order, the WVDEP has discovered other pollutants of concern related to oil and wastewaters and has additional concerns that must be addressed by the permittee. 

### 5. The agency has determined that the following pollutants arepollutants of concern associated with oil and gas related wastewaters and may have apotential for inhibition, interference, and pass through: total dissolved solids (TDS), sulfate, chloride, arsenic, titanium, cobalt, nickel, silver, zine, vanadium, tin, cadmium, lead, chromium, hexavalent chromium, copper, fluoranthene, cyanide, mercury, selenium, antimony, beryllium, barium, ammonia nitrogen, fluoride, nitrite nitrogen, nitrate nitrogen, oil and grease, total suspended solids, iron, aluminum, chloroform, benzene, phthalate esters, strontium, strontium-90, boron, lithium, gross alpha radiation, gross beta radiation, and radium 226 

### + radium 

### 228. In addition tothe potential for inhibition, interference, and pass through, these pollutants may also have an impact on sludge disposal requirements. 

### 6. No pollutants can be introduced into aPOTW (including the collection system) that can create afire or explosion hazard. Wastewaters with aclosed cup flashpoint of less than 140 degrees Fahrenheit using test methods specified in 40 CFR 261.21 of the code of federal regulations are prohibited from being introduced into POTWs. 

### 7. No pollutants can beintroduced into aPOTW (including the collection system) which result in the presence of toxic gases, vapors, or fumes within the POTW in aquantity that may cause acute worker health and safety problems. 

### 8. If aPOTW accepts wastewater atthe POTW treatment facility via truck, train, or dedicated pipeline, including oil & gas extraction wastewater, the POTW must evaluate whether ornot the wastewater is ahazardous waste (for instance acharacteristic waste under 40 CFR 

### 261.24). If the wastewater is ahazardous waste, the POTW would need to evaluate whether it qualifies asapermit by rule facility under 40 CFR 270.60(c) and meet notification, manifest, and reporting requirements including any more stringent state hazardous waste and corrective action requirements. If the POTW accepts hazardous waste atthe treatment plant and does not qualify asapermit by rule facility, it must check with the state hazardous waste agency to determine its requirements. The USEPA and WVDEP recommend that POTWs not accept hazardous waste atthe treatment plant. 

### 9. Technologically Enhanced, Naturally Occurring Radioactive Materials (TENORM) are regulated by the Nuclear Regulatory Commission (NRC) and/or the West Virginia Department of Health and Human Resources (WVDHHR) per 60 CSR 23 of the West Virginia Legislative Rules. This regulation requires facilities accepting TENORM to be certified by either the WVDHHR or the NRC prior to acceptance. Further, TENORM includes requirements with respect to radioactive exposure levels that may need imposed aslocal limits and/or effluent limits to beprotective of POTW workers and water quality standards.WWPCD Order No. 6568 Page3 

### 10.WVDEP performed asite visit atthe permittee's facility on August 

### 4,2009. During this site visit, the permittee indicated that itwas continuing to have operational problems with its ultraviolet disinfection unit due to cloudy wastewater. These operational problems have caused exceedances of the permittee's maximum daily fecal coliform limitations. The permittee also indicated that it had reached its total allowance of excursions (eightteen) ofthe maximum daily effluent limit for fecal coliform asallowed by its WV/NPDES Permit.

ORDER FOR COMPLIANCE
And now, this 1Ith day of August 2009, the permittee is hereby ORDERED by the Director asfollows: 

### 1. The permittee must conduct ahead-works analysis and establish aMaximum Allowable Headworks Loading (MAHL) for the pollutants of concern listed in the findings of fact. If the actual loading of any of the pollutants ismore than 20% of the MAHL, alocal limit must bedeveloped for the pollutant and adopted. Regardless, the permittee must develop local limits for all pollutants that may cause interference, inhibition, orpass through at the POTW including sludge disposal and to protect POTW workers. 

### 2. Oil and gas related wastewaters shall not beintroduced or connected into acombined sewer atapoint where there are combined sewer overflows (CSOs) between the introduction/connection point and the headworks. 

### 3. Due tothe nature of the organic pollutants present in this nondomestic wastewater, the permittee must conduct thorough testing on this nondomestic wastewater to determine if it is permissible and does not cause afire or explosion hazard. Additionally, if deemed permissible, this must also beimposed asalimit in any permit issued by the perrnittee for this type ofwastewater. On or before September 

### 15,2009, the permittee shall modify its permit to LAD to require regular closed cup flashpoint testing and to impose aminimum flashpoint limitation of 140 degrees Fahrenheit. 

### 4. Due tothe nature of the organic pollutants present in this nondomestic wastewater, the permittee must evaluate the necessity of limitations to beprotective of POTW workers. Information on this type of evaluation is available in an EPA guidance document entitled Guidance toProtect POTW Workers from Toxic and Reactive Gases and Vapors (EPA Document 

### No. 812-B-92-001 issued June 1992). This evaluation shall becompleted and, if necessary, the permittee shall modify its permit to LAD to impose necessary limitations on or before January 

### 31,2010.
5. The permittee shall take measures to ensure that the acceptance of this wastewater during wet weather events does not lead to increased wet weather discharges from CSOs. 

### 6. The permittee shall determine if this wastewater is ahazardous waste. If the wastewater is ahazardous waste, the permittee shall determine and obtain compliance with all hazardous waste requirements on or before January 31, 2010.WWPCD Order No.6568 Page4 

### 7. The permittee shall coordinate with the NRC and/or WVDHHR to obtain any necessary approvals and provide its findings to the WVDEP on or before January 31, 2010. Additionally, if TENORM includes requirements with respect to radioactive exposure levels that may need imposed aslocal limits and/or effluent limits to beprotective of POTW workers and water quality standards, the permittee shall modify its permit to LAD to include the appropriate requirements and/or limitations on or before January 

### 31, 2010. 

### 8. The permittee shall begin monthly monitoring for the pollutants listed in the findings of fact atthe discharge from Outlet 001 beginning in the month of September 2009. Where permissible by the test method, composite samples shall betaken. Appropriate rnethod detection levels shall be used and the sampling results shall besubmitted as an attachment tothe permittee's discharge monitoring report. 

### 9. Order for Compliance Item 

### No. 3 of the original order is revised asfollows. On or before January 31, 2010, the permittee shall submit apermit modification application to the agency to incorporate any and all local limits necessary for the pollutants listed in the findings of fact.
10. The permittee shall continue to evaluate and determine the cause ofthe operational issues with its ultraviolet disinfection unit. The permittee shall determine the problem and have taken the necessary measures to correct the operational problems on or before January 

### 31, 2010 and submit its findings tothis agency. If the cause of the interference with the operation of the ultraviolet disinfection unit is ultimately attributed to nondomestic wastewaiter from an industrial user, then the permittee must either cease accepting this wastewater or impose and enforce the necessary limitations orrequirements on the industrial user that will result in the proper operation of the ultraviolet disinfection unit.

OTHER PROVISIONS 

### 1. Compliance with the terms and conditions of this Order shall not in any way be construed asrelieving the permittee ofthe obligation to comply with any applicable law, permit, other order, or any other requirement otherwise applicable. Violations ofthe terms and conditions of this Order may subject the permittee to additional enforcement action in accordance with the applicable 

### law. 

### 2. The provisions of this Order areseverable and should acourt or board of competent jurisdiction declare any provisions to beinvalid or unenforceable, all other provisions shall remain in full force and effect. 

### 3. This Order is binding on the permittee, its successors and assigns. 

### 4. This Order shall terminate upon the permittee's notification of full compliance with the "Order for Compliance" and verification of this notification by WVDEP.WWPCD Order No. 6568 Page 5
RIGHT OF APPEAL Notice ishereby given of your right to appeal the terms and conditions of this Order which you areaggrieved tothe Environmental Quality Board by filing aNOTICE of APPEAL onthe form prescribed by such Board, in accordance with the provisions of Section 21, Article 

### 11,Chapter 22 ofthe Code of West Virginia within thirty (30) days after receipt ofthis Order. This Order shall become effective upon receipt.

Scott 

### G. Mandirola, Director Division of Water and Waste Management

## west virginia department

ofenvironmental protection

Division of Water and Waste Management JoeManchin III, Governor 601 57*Street SE Randy C.Huffman, Cabinet Secretary Charleston, WV 25304 www.wvdep.org Phone: (304) 926-0495 Fax: (304) 926-0463 ORDER ISSUED UNDER THE WATER POLLUTION CONTROL ACT WEST VIRGINIA 

### CODE, CHAPTER 

### 22,ARTICLE 11 TO: Mr A King Campbell, Superintendent DATE: November 

### 6,2008

Wheeling Water Pollution Control Division Order Number: 6568 

### P.O. Box 6348, Wheeling, WV 26003

INTRODUCTION The following findings aremade and Order issued to the Wheeling Water Pollution Control Division (WWPCD) pursuant tothe authority vested in the Director of the Division of Water and Waste Management under Chapter 22, Article 11, Section 1 etseq. of the Code of West Virginia.

FINDINGS OF FACT In support of this Order, the Director hereby finds the following: 

### 1. The WWPCD was issued WV/NPDES Permit Number WV0023230 on June 

### 9,2006 to discharge treated domestic and industrial wastewaters tothe Ohio River through Outlet No. 001 and to implement apretreatment program. 

### 2. The WWPCD started accepting high strength chloride wastewater through one of its permitted facility, Liquid Asset Disposal (LAD). The WWPCD does not have alocal limit for chloride. 

### 3. Chlorides have potential for interference and pass-through atthe WWPCD's wastewater treatment plant. 

### 4. Chlorides can cause interference with the nitrification process at levels of 180 

### mg/1. 5. West Virginia has water quality criteria for chlorides. Promoting a healthy environment.WWPCD Order No 6568 Page2
ORDER FOR COMPLIANCE
And now, this 6th day of November 2008, WWPCD is hereby ORDERED by the Director asfollows: 

### 1. WWPCD shall immediately modify itspermit to LAD to include chloride limitations of 9,000 lbs/day maximum daily and 6,000 lbs/day average monthly. These limits shall prevent interference with the nitrification process. The agency strongly recommends that the WWPCD evaluate its system very closely to ensure that no other areas of its system are inhibited or interfered with asaresult of the LAD wastewater. The agency recognizes that the limits prescribed to LAD may need to be more stringent than what the agency is requiring and the WWPCD may impose limits more stringent than required by this order. 

### 2. WWPCD shall monitor chloride atOutlet 001 once/week and comply with the chloride limitations established by this order. These limitations are 1238 mg/l average monthly and 2484 mg/1 maximum daily. 

### 3. Within 90 days, WWPCD shall submit apermit modification application to the agency to incorporate alocal limit for chlorides. 

### 4. The WWPCD shall usethe attached DMR for the remainder of its current WV/NPDES Permit.

OTHER PROVISIONS 

### 1. Compliance with the terms and conditions ofthis Order shall not in any way be construed asrelieving WWPCD of the obligation to comply with any applicable law, permit, other order, or any other requirement otherwise applicable. Violations of theterms and conditions of this Order may subject WWPCD to additional enforcement action in accordance with the applicable law. 

### 2. The provisions of this Order are severable and should acourt or board of competent jurisdiction declare any provisions to be invalid or unenforceable, all other provisions shall remain in full force and effect. 

### 3. This Order is binding on WWPCD, its successors and assigns. 

### 4. This Order shall terminate upon WWPCD's notification of full compliance with the "Order for Compliance" and verification of this notification by WVDEP.

RIGHT OF APPEAL Notice is hereby given ofyour right to appeal the terms and conditions of this Order which you are aggrieved to the Environmental Quality Board by filing aNOTICE of APPEALWWPCD Order No 6568 Page3
on the form prescribed by such Board, in accordance with the provisions of Section 21, Article 11, Chapter 22 ofthe Code of West Virginia within thirty (30) days after receipt of this Order.

This Order shall become effective upon receipt.

Scott 

### G. Mandirola, Director Division of Water and Waste ManagementWRD L

- STATE e VESTVIRGINIA Final Order e utations NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Year Round

DISCHARGE MONITORING REPORT FACILITY NAME: (WHEELING CITY OF)WHEELING, OITY OF CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: WHEELING; Ohio County CERTIFiED LABORATORY ADDRESS: PERMIT NO.: WV0023230 OUTLET NO.: 001 WASTELOAD FOR THE MONTH OF: INDIVIDUAL PERFORMING ANALYSIS: Quantity Other Units Parameter Units N.E. CEL* Units N.E. Frequency Type 50050 (ML-1) RF-A Reported Flow,in Conduit orthru plant N/A N/A N/A Rpt Only Rpt Only N/A mgd Continuous measured Year Round Permit LimitS Avg. Monthly Max. Daily 00310 (ML-B) RF-A Reported BOD, 5-Day 20 Deg.C N/A N/A N/A RptOnly RptOnly N/A mg/l 1/daily Comp Year Round Permit LimitS Avg. Monthly Max. Daily 00530 (ML-A) RF-A Reported
Total Suspended solids N/A N/A N/A Rpt Only RptOnly N/A mg/I 1/daiiy Comp Year Round Permit Limits Avg. Monthly Max. Daily 74055 (ML-A) RF-A Reported Coliform, Fecal N/A N/A N/A 200 400 N/A Cnts/100n 1/daily Grab Year Round Permit Limits Mo. Geo. Mean Max. Daily 00400 (ML-A) RF-A Reported pH N/A N/A 6 N/A 9 N/A S.U. 1/daily Grab Year Round Permit Limits inst. Min. Inst. Max. 00610 (ML-A) RF-A Reported
Ammonia Nitrogen N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/daliy Comp Year Round Permit Limits Avg. Monthly Max. Daily 00600 (ML-A) RF-B Reported Nitrogen, Total (asN) N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/quarter 8hrcomp Year Round Permit LimitS Avg. Monthly Max. Daily 00665 (ML-A) RF-B Reported Phosphorus, Total N/A N/A N/A RptOnly Rpt Only N/A mg/l 1/quarter 8 hrcomp Year Round Permit LimitS Avg. Monthly Max. Daily
*CEL = Compliance Evaluat on Level Name ofPrincipal Execu ive Officer Icertify under penalty of lawthat this document and all attachments were prepared Date Completed undos oly Jiieulivil vi cupoiviseuli iis ausuiJailue willi a ayaloni decisised lu accuse that qualdied personnel properly gather andevaluate the information submitted. Based on myinquiry ofthe person orpersons who manage the system, orthose persons directly (9tn d AP ntcipalExecutive Officer or Title ofOfficer responsible for gathering the information, the information submitted is,to the bestof my 9 knowledge and belief, true, accurate, and complete. Iamaware thatthere are significant penalties for submitting false information including the possibility ofafine and imprisonment for knnwing viniatinneWRD 2k 

### . STATE L. AEST VIRGINIA Final Order L,..aations NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM Year Round

DISCHARGE MONITORING REPORT FACILITY NAME: (WHEELING CITY OF) WHEELING, CITY OF CERTIFIED LABORATORY NAME: LOCATION OF FACILITY: WHEELING; Ohio County CERTIFIED LABORATORY ADDRESS: PERMIT NO.: W\/0023230 OUTLET NO.: 001 WASTELOAD FOR THE MONTH OF: INDMDUAL PERFORMING ANALYSIS: Quantity Other Units a 

### . I

- - -

- - - - - - -

- - - -- McDourement campL I Parameter Units N.E. CEL* Units N.E. Frequency Type 50060 (ML-A) RF-A Reported Chlorine, Total Residual N/A N/A N/A 28 57 100 ug/l 1/daily Grab Year Round Permit Limits Ave Monthly Max. Daily 00940 (ML-A) RF-A Reported
Chloride (as Cl) N/A N/A N/A 1238 2484 N/A mg/I 1/week 8hrcomp Year Round Order LimitS Avg. Monthly Max. Daily
N/A

N/A

N/A

N/A

N/A

N/A

*CEL=Compliance Evaluat onLevel Name ofPrinci al Exect·tive Officer Icertify under penalty oflawthatthis document and allattachments were prepared Date Completed under mydirection orsupervision in accordance with asystem designed toassure that qualified personnel properly gather and evaluate thé information submitted. Based on Signature of Principal Executive Officer or my inquiry ofthe person orpersons who manage thesystem, orthose persons directly Title ofOfficer responsible for gathering the information, the information submitted is,tothe best ofmy Authorized Agent knowledge and belief, true, accurate, and complete. Iamaware that there are significant penalties for submitting false information including the possibility ofafine and imprisonm#nt for lennwing viniatinne

# dep

westvirginia department ofenvironmental protecilon
Division of Water and Waste Management JoeManchin lit, Governor 601 SP StreetSE Randy

## C.Huilinan, Cabinet Secretary Charleston,WV 25304 www.wvdep.org Phone: (304) 926-0495 Fax: (304) 926.0463 August 

### 11,2009 Albert 

# K.Campbell City of Wheeling 

# P.O.Box 6348 Wheeling, WV 26003-0613 CERTIFIED RETURN RECEIPT REQUESTED Re: WV/NPDES Permit 

### No. WV0023230 AO 

### 6568,Amendment 

### No. I Dear

## Mr.Campbell: Enclosed find Amendment 

### No. I toAdministrative Order 

### No. 6568, issued this date, pursuant to Chapter 

### 22,Article I1 of theWest Virginia 

### Code. This amended ORDER is being issued to address requirements pertaining tothe City of Wheeling's acceptance of oil and gas related wastewater. The USEPA and WVDEP discourage POTWs from accepting wastewater from oil and gasoperations such ascoal bed methane gas and marcellus shalewastewaters because these wastewaters essentially passthrough sewage treatment plants and can cause inhibition and interference with treatment plant 

### operations. You should carefully read the contents of theenclosed amended ORDER and

. communicate to each responsible official, agency, and employee the actions which each must take to ensure compliance with its

### terms. Failure to comply with theterms of this amended ORDER constitutes anadditional violation, and may result 

### infurther enforcement action involving civil orcriminal penalties. Pleasenote that, asindicated by its terms, the amended ORDER iseffective upon its 

### receipt.

Promoting a healthy 

### environment.If you have anyquestions concerning this amended ORDER, or related matters, please

contact Netar Wadlava at304-926-0499, Extension 

### 1013. Sincerely,

Scott 

## G.Mandrolia Acting Director SGM/mis Enclosure CC w/enclosure: Environmental Enforcement Inspector Environmental Enforcement Inspector Supervisor US EPA Region 3

# deo

westVirginia department ofenvironmental protecilon
Division ofWater andWaste Management JoeManchin lil, Governor 60157*StreetSE Randy 

### C.Huffman, Cabinet Secretary Charleston,WV 25304 www.wvdep.org Phone:(304)926-0495 Fax: (304) 926-0463 ORDER ISSUED UNDER THE WATER POLLUTION CONTROL ACT WEST VIRGINIA 

### CODE, CHAPTER 

### 22,ARTICLE 11 TO: Albert 

## K. Campbell, Superintendent DATE: August 

### 11,2009 Wheeling Water Pollution Control Division Order Number: 6568 

## P.O. Box 6348 Amendment 

### No.: 1 Wheeling, WV 26003

INTRODUCTION The following findings aremade and Order issued totheWheeling Water Pollution Control Division (permittee) pursuant tothe authority vested in the Director of the Division of Water and Waste Management under Chapter 

### 22, Article 

### I1, Section 1et

### seq.of the Code of West 

### Virginia.

FINDINGS OF FACT In support of this Order, the Director hereby finds thefollowing: 

# 1. The permittee was issued WV/NPDES Permit Number WV0023230 on June

### 9,2006 to discharge treated domestic and industrial wastewaters tothe Ohio River through Outlet 

### No. 001 andto implement apretreatment program. 

## 2. The permittee was issued Administrative Order 

### No. 6568 

### onOctober 

### 28,2008 due tothe acceptance of oil and gas related wastewater from Liquid Assets Disposal 

### (LAD). Among other things, this Order required the permittee to submit apermit modification application tothis agency to incorporate alocal limit for chlorides within ninety 

### days. 

# 3. Since the issuance of the Order, the permittee hasrequested additional time todevelop its local limit for chloride. The previously identified chloride nitrification inhibition level of 180mg/l is apublished value bythe US 

### EPA. The original order prescribed limitations on LAD to beprotective ofthis inhibition 

### level. If thepermittee finds that higher levels ofchloride will not inhibit nitrification, the permittee may propose analternate level that Promoting 

### a healthy 

### environment.WWPCD Order

### No.6568 Page2 isprotective of the nitrification process. However, any proposed alternate level must also beprotective 

### of all processes. Supporting documentation must besubmitted tojustify an alternate 

### level. 

# 4. Since the issuance ofthe Order, the WVDEP hasdiscovered other pollutants ofconcern related to oil and wastewaters and has additional concerns that must beaddressed bythe permittee. 

# 5. The agency 

### hasdetermined that thefollowing pollutants arepollutants of concern associated with oil and gasrelated wastewaters and may have apotential for inhibition, interference, andpassthrough: total dissolved solids (TDS), sulfate, chloride, arsenic, titanium, cobalt, 

### nickel, silver, zine, vanadium, tin, cadmium, 

### lead,chromium, hexavalent chromium, copper, fluoranthene, cyanide, mercury, selenium, antimony, beryllium, barium, ammonia nitrogen, fluoride, nitrite nitrogen, nitrate nitrogen, oil andgrease, total suspended solids, 

### iron, aluminum, chloroform, benzene, phthalate esters, strontium, strontium-90, boron, lithium, gross alpha radiation, gross beta radiation, and radium 226 

### +radium 

### 228. In addition tothe potential for inhibition, interference, and passthrough, thesepollutants may also have an impact onsludge disposal requirements. 

## 6. No pollutants can beintroduced into aPOTW (including the collection system) that can create afire or explosion 

### hazard. Wastewaters with aclosed cup flashpoint of lessthan 140degrees Fahrenheit using test methods specified in 40 CFR 261.21 of the code of federal regulations areprohibited from being introduced into 

### POTWs. 

## 7. No pollutants can beintroduced into aPOTW (including the collection system) which result in the presence oftoxic gases, vapors, or fumes within the POTW in aquantity that may causeacute worker health and safety 

### problems. 

## 8. If aPOTW accepts wastewater atthe POTW treatment facility via truck, train, or dedicated pipeline, including oil

# &.gas extraction wastewater, the POTW must evaluate whether ornot the wastewater is ahazardous waste (for instance acharacteristic waste under 

### 40CFR

### 261.24). If thewastewater isahazardous waste, the POTW would needto evaluate whether it qualifies asapermit by rule facility under 40 CFR 

### 270.60(c) and meet notification, manifest, and reporting requirements including any more stringent state hazardous waste and corrective action requirements. If the POTW accepts hazardous waste atthetreatment plant and does not qualify asapermit by rule facility, it must check with the state hazardous waste agency to determine its requirements. The USEPA and WVDEP recommend that POTWs not accept hazardous waste atthetreatment 

### plant. 

# 9. Technologically Enhanced, Naturally Occurring Radioactive Materials (TENORM) are regulated by theNuclear Regulatory Commission (NRC) and/or the West Virginia Department of Health and Human Resources (WVDHHR) per 60 CSR 23 ofthe West Virginia Legislative Rules. This regulation requires facilities accepting TENORM to be certified byeither theWVDHHR or theNRC prior to acceptance. Further, TENORM includes requirements with respect to radioactive exposure levels that may need imposed aslocal limits and/or effluent limits to beprotective of POTW workers and water quality standards.WWPCD OrderNo.6568 Page3 

## 10.WVDEP performed asite visit atthe permittee's facility onAugust 

### 4,

### 2009. During this site visit, the permittee indicated that itwascontinuing to have operational problems with itsultraviolet disinfection unit dueto cloudy wastewater. These operational problems have caused exceedances of the permittee's maximum daily fecal coliform limitations. The permittee also indicated that it had reached its total allowance of excursions (eightteen) ofthe maximum daily effluent limit for fecal coliform asallowed by its WV/NPDES 

### Permit.

ORDER FOR COMPLIANCE And now, this 

## I1* dayof August 2009, the permittee ishereby ORDERED bythe Director asfollows: 

## 1. The permittee must conduct ahead-works analysis and establish aMaximum Allowable Headworks Loading (MAHL) for the pollutants of concern listed in thefindings of 

### fact. If the actual loading of anyof the pollutants is more than 20% ofthe 

### MAHL, alocal limit must bedeveloped for the pollutant and adopted. Regardless, the permittee must develop local limits for all pollutants that may cause interference, inhibition, orpass through at the POTW including sludge disposal and to protect POTW 

### workers. 

## 2. Oil and gasrelated wastewaters shall not beintroduced or connected into acombined sewer atapoint where there arecombined sewer overflows (CSOs) between the introduction/connection point and the headworks. 

## 3. Due tothe nature ofthe organic pollutants present inthis nondonestic wastewater, the permittee must conduct thorough testing on this nondomestic wastewater to determine if it is permissible anddoes not causeafire orexplosion 

### hazard. Additionally, ifdeemed permissible, this must also beimposed asalimit in any permit issued bythe permittee for this type ofwastewater. On or before September 

### 15,2009, the permittee shall modify its permit toLAD to require regular closed cup flashpoint testing and to impose aminimum flashpoint limitation of 140degrees Fahrenheit. 

## 4. Due tothe nature of the organic pollutants present inthis nondomestic wastewater, the permittee must evaluate the necessity of limitations to beprotective of POTW workers. Information onthis type of evaluation is available in an EPA guidance document entitled Guidance to Protect POTW Workers from Toxic and Reactive Gases and Vapors (

### BPA Document 

### No.812-B-92-001 issued June 

### 1992). This evaluation shall becompleted 

### and, if necessary, thepermittee shall modify its permit to LAD to impose necessary limitations on orbefore January 

### 31,2010. 

## 5. The permittee shall take measures to ensure that the acceptance ofthis wastewater during wet weather events does not lead to increased wet weather discharges from 

### CSOs. 

## 6. The permittee shall determine if this wastewater is ahazardous 

### waste. If thewastewater is ahazardous waste, the permittee shall determine and obtain compliance with all hazardous waste requirements on or before January 

### 31,2010.WWPCD OrderNo.6568 Page4 

## 7. The permittee shall coordinate with the NRC and/or WVDHHR to obtain any necessary approvals andprovide its findings totheWVDEP on or before January 

### 31,2010. Additionally, ifTENORM includes requirements with respect to radioactive exposure levels that may need imposed aslocal limits and/or effluent limits to beprotective of POTW workers andwater quality standards, the permittee shall modify itspermit to

### LAD to include the appropriate requirements and/or limitations onor before January 

### 31,

### 2010. 

## 8. The permittee shall begin monthly monitoring for the pollutants listed 

### inthefindings of fact atthe discharge from Outlet 001 beginning in the month of September 

### 2009. Where permissible by thetest method, composite samples shall be

### taken. Appropriate method detection levels shall beused andthe sampling results shall besubmitted asan attachment tothe permittee's discharge monitoring 

### report. 

# 9. Order for Compliance Item 

## No.3ofthe original order is revised asfollows. On or before January 

### 31,2010,the permittee shall submit apermit modification application tothe agency to incorporate any and all local limits necessary for the pollutants listed in the findings of

### fact. 10.The permittee shall continue to evaluate and determine the cause of theoperational issues with its ultraviolet disinfection 

### unit. The permittee shall determine the problem and have taken the necessary measures to correct the operational problems onor before January 

### 31, 2010 and submit itsfindings tothis 

### agency. If the cause of the interference with the operation ofthe ultraviolet disinfection unit is ultimately attributed to nondomestic wastewater from anindustrial user, then the permittee must either ceaseaccepting this wastewater or impose and enforce thenecessary limitations or requirements onthe industrial userthat will result in the proper operation ofthe ultraviolet disinfection 

### unit.

OTHER PROVISIONS 

## 1. Compliance with theterms andconditions ofthis Order shall not 

### in anyway beconstrued asrelieving thepermittee ofthe obligation tocomply with any applicable 

### law,permit, other order, or anyother requirement otherwise applicable. Violations oftheterms and conditions ofthis Order may subject the permittee to additional enforcement action in accordance with the applicable 

### law. 

## 2. The provisions ofthis Order areseverable and should acourt or board of competent jurisdiction declare any provisions to beinvalid or unenforceable, all other provisions shall remain in full force and 

### effect. 

## 3. This Order isbinding on the permittee, its successors and 

### assigns. 

## 4. This Order shall terminate upon the permittee's notification of full compliance with the "Order for Compliance" and verification of this notification by 

### WVDEP.WWPCD Order No.6568 Page5
RIGHT OF APPEAL Notice ishereby given of your right to appeal theterms and conditions of this Order which you areaggrieved to the Environmental Quality Board by filing aNOTICE of APPEAL on the form prescribed bysuch Board, in accordance with the provisions of Section 21, Article I1, Chapter 22of the Code of West Virginia within thirty (30) days after receipt of this Order. This Order shall become effective upon receipt.

Scott 

### G.Mandirola, Director Division of Water and Waste Management