dep

west virginio department of environmental 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. 1 to Administrative Order No. 6568, issued this date,

pursuant to Chapter 22, Article I1 of the 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 as coal 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 of this amended

ORDER constitutes an additional violation, and may result in further enforcement action

involving civil or criminal penalties.

Please note that, as indicated by its terms, the amended ORDER is effective upon its

receipt.

Promoting a healthy environment.
If you have any questions concerning this amended ORDER, or related matters, please

contact Netar Wadhwa at 304-926-0499, 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

west virginia department of environmental 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

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 the Wheeling Water Pollution

Control Division (permittee) pursuant to the authority vested in the Director of the Division of

Water and Waste Management under Chapter 22, Article 11, Section 1 et seq. 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 to the Ohio River through Outlet

No. 001 and to implement a pretreatment program.

2. The permittee was issued Administrative Order No. 6568 on October 28, 2008 due to the

acceptance of oil and gas related wastewater from Liquid Assets Disposal (LAD).

Among other things, this Order required the permittee to submit a permit modification

application to this agency to incorporate a local 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 a published value by the US EPA. The original order prescribed limitations

on LAD to be protective 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

Page 2

is protective of the nitrification process. However, any proposed alternate level must also

be protective of all processes. Supporting documentation must be submitted 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 are pollutants of concern

associated with oil and gas related wastewaters and may have a potential 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 to the 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 a POTW (including the collection system) that can

create a fire or explosion hazard. Wastewaters with a closed 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 be introduced into a POTW (including the collection system) which

result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that

may cause acute worker health and safety problems.

8. If a POTW accepts wastewater at the POTW treatment facility via truck, train, or

dedicated pipeline, including oil & gas extraction wastewater, the POTW must evaluate

whether or not the wastewater is a hazardous waste (for instance a characteristic waste

under 40 CFR 261.24). If the wastewater is a hazardous waste, the POTW would need to

evaluate whether it qualifies as a permit 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 at the treatment plant and does not qualify as a permit 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 at the 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

as local limits and/or effluent limits to be protective of POTW workers and water quality standards.
WWPCD Order No. 6568

Page 3

10. WVDEP performed a site visit at the permittee's facility on August 4, 2009. During this

site visit, the permittee indicated that it was 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) of the maximum daily effluent limit for fecal coliform as allowed by its

WV/NPDES Permit.

ORDER FOR COMPLIANCE

And now, this 1Ith day of August 2009, the permittee is hereby ORDERED by the

Director as follows:

1. The permittee must conduct a head-works analysis and establish a Maximum Allowable

Headworks Loading (MAHL) for the pollutants of concern listed in the findings of fact.

If the actual loading of any of the pollutants is more than 20% of the MAHL, a local limit

must be developed for the pollutant and adopted. Regardless, the permittee must develop

local limits for all pollutants that may cause interference, inhibition, or pass through at

the POTW including sludge disposal and to protect POTW workers.

2. Oil and gas related wastewaters shall not be introduced or connected into a combined

sewer at a point where there are combined sewer overflows (CSOs) between the

introduction/connection point and the headworks.

3. Due to the 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 a fire or explosion hazard. Additionally, if deemed

permissible, this must also be imposed as a limit in any permit issued by the perrnittee for

this type of wastewater. On or before September 15, 2009, the permittee shall modify its

permit to LAD to require regular closed cup flashpoint testing and to impose a minimum

flashpoint limitation of 140 degrees Fahrenheit.

4. Due to the nature of the organic pollutants present in this nondomestic wastewater, the

permittee must evaluate the necessity of limitations to be protective of POTW workers.

Information on this type of evaluation is available in an EPA guidance document entitled

Guidance to Protect POTW Workers from Toxic and Reactive Gases and Vapors (E PA

Document No. 812-B-92-001 issued June 1992). This evaluation shall be completed 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 a hazardous waste. If the wastewater

is a hazardous waste, the permittee shall determine and obtain compliance with all

hazardous waste requirements on or before January 31, 2010.
WWPCD Order No. 6568

Page 4

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 as local limits and/or effluent limits to be protective 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 at the discharge from Outlet 001 beginning in the month of September 2009. Where

permissible by the test method, composite samples shall be taken. Appropriate rnethod

detection levels shall be used and the sampling results shall be submitted as an

attachment to the permittee's discharge monitoring report.

9. Order for Compliance Item No. 3 of the original order is revised as follows. On or before

January 31, 2010, the permittee shall submit a permit 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 of the 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 to this 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 or requirements 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

as relieving the permittee of the obligation to comply with any applicable law, permit,

other order, or any other requirement otherwise applicable. Violations of the 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 are severable and should a court 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 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 is hereby given of your right to appeal the terms and conditions of this Order

which you are aggrieved to the Environmental Quality Board by filing a NOTICE of APPEAL

on the form prescribed by such Board, in accordance with the provisions of Section 21, Article

11, Chapter 22 of 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
westvirginiadepartmentof environmental protection

Division of Water and Waste Management Joe Manchin 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 are made and Order issued to the Wheeling Water Pollution

Control Division (WWPCD) pursuant to the authority vested in the Director of the Division of

Water and Waste Management under Chapter 22, Article 11, Section 1 et seq. 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 to the Ohio River through Outlet

No. 001 and to implement a pretreatment 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 a local

limit for chloride.

3. Chlorides have potential for interference and pass-through at the 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

Page 2

ORDER FOR COMPLIANCE

And now, this 6th day of November 2008, WWPCD is hereby ORDERED by the

Director as follows:

1. WWPCD shall immediately modify its permit 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 W WPCD evaluate its system very closely to ensure that no other areas of its system

are inhibited or interfered with as a result 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 at Outlet 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 a permit modification application to the agency to

incorporate a local limit for chlorides.

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

Permit.

OTHER PROVISIONS

1. Compliance with the terms and conditions of this Order shall not in any way be construed

as relieving WWPCD of the obligation to comply with any applicable law, permit, other

order, or any other requirement otherwise applicable. Violations of the terms 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 a court 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 of your right to appeal the terms and conditions of this Order

which you are aggrieved to the Environmental Quality Board by filing a NOTICE of APPEAL
WWPCD Order No 6568

Page 3

on the form prescribed by such Board, in accordance with the provisions of Section 21, Article

11, Chapter 22 of 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
WRD L - STATE e VEST VIRGINIA 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 or thru 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 Rpt Only Rpt Only 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 Rpt Only 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 (as N) N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/quarter 8 hr comp

Year Round Permit LimitS Avg. Monthly Max. Daily

00665 (ML-A) RF-B Reported

Phosphorus, Total N/A N/A N/A Rpt Only Rpt Only N/A mg/l 1/quarter 8 hr comp

Year Round Permit LimitS Avg. Monthly Max. Daily

* CEL = Compliance Evaluat on Level

Name of Principal Execu ive Officer I certify under penalty of law that 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 and evaluate the information submitted. Based on

my inquiry of the person or persons who manage the system, or those persons directly (9tn d AP ntcipal Executive Officer or Title of Officer responsible for gathering the information, the information submitted is, to the best of my 9

knowledge and belief, true, accurate, and complete. I am aware that there are significant

penalties for submitting false information including the possibility of a fine and

imprisonment for knnwing viniatinne
WRD 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 8 hr comp

Year Round Order LimitS Avg. Monthly Max. Daily

N/A

N/A

N/A

N/A

N/A

N/A

* CEL = Compliance Evaluat on Level

Name of Princi al Exect·tive Officer I certify under penalty of law that this document and all attachments were prepared Date Completed under my direction or supervision in accordance with a system designed to assure that

qualified personnel properly gather and evaluate thé information submitted. Based on Signature of Principal Executive Officer or

my inquiry of the person or persons who manage the system, or those persons directly

Title of Officer responsible for gathering the information, the information submitted is, to the best of my Authorized Agent

knowledge and belief, true, accurate, and complete. I am aware that there are significant

penalties for submitting false information including the possibility of a fine and

imprisonm#nt for lennwing viniatinne
dep

west virginia department of environmental protecilon

Division of Water and Waste Management Joe Manchin lit, Governor

601 SP Street SE 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 to Administrative Order No. 6568, issued this date,

pursuant to Chapter 22, Article I1 of the 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 as coal 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 of this amended

ORDER constitutes an additional violation, and may result in further enforcement action

involving civil or criminal penalties.

Please note that, as indicated by its terms, the amended ORDER is effective upon its

receipt.

Promoting a healthy environment.
If you have any questions concerning this amended ORDER, or related matters, please

contact Netar Wadlava at 304-926-0499, 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

west Virginia department of environmental protecilon

Division of Water and Waste Management Joe Manchin lil, 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: 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 the Wheeling Water Pollution

Control Division (permittee) pursuant to the authority vested in the Director of the Division of

Water and Waste Management under Chapter 22, Article I1, Section 1 et seq.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 to the Ohio River through Outlet

No. 001 and to implement a pretreatment program.

2. The permittee was issued Administrative Order No. 6568 on October 28, 2008 due to the

acceptance of oil and gas related wastewater from Liquid Assets Disposal (LAD).

Among other things, this Order required the permittee to submit a permit modification

application to this agency to incorporate a local 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 a published value by the US EPA. The original order prescribed limitations

on LAD to be protective 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

Page 2

is protective of the nitrification process. However, any proposed alternate level must also

be protective of all processes. Supporting documentation must be submitted 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 are pollutants of concern

associated with oil and gas related wastewaters and may have a potential 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 to the 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 a POTW (including the collection system) that can

create a fire or explosion hazard. Wastewaters with a closed 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 be introduced into a POTW (including the collection system) which

result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that

may cause acute worker health and safety problems.

8. If a POTW accepts wastewater at the POTW treatment facility via truck, train, or

dedicated pipeline, including oil &.gas extraction wastewater, the POTW must evaluate

whether or not the wastewater is a hazardous waste (for instance a characteristic waste

under 40 CFR 261.24). If the wastewater is a hazardous waste, the POTW would need to

evaluate whether it qualifies as a permit 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 at the treatment plant and does not qualify as a permit 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 at the 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

as local limits and/or effluent limits to be protective of POTW workers and water quality

standards.
WWPCD Order No. 6568

Page 3

10.WVDEP performed a site visit at the permittee's facility on August 4, 2009. During this

site visit, the permittee indicated that it was 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) of the maximum daily effluent limit for fecal coliform as allowed by its

WV/NPDES Permit.

ORDER FOR COMPLIANCE

And now, this I1* day of August 2009, the permittee is hereby ORDERED by the

Director as follows:

1. The permittee must conduct a head-works analysis and establish a Maximum Allowable

Headworks Loading (MAHL) for the pollutants of concern listed in the findings of fact.

If the actual loading of any of the pollutants is more than 20% of the MAHL, a local limit

must be developed for the pollutant and adopted. Regardless, the permittee must develop

local limits for all pollutants that may cause interference, inhibition, or pass through at

the POTW including sludge disposal and to protect POTW workers.

2. Oil and gas related wastewaters shall not be introduced or connected into a combined

sewer at a point where there are combined sewer overflows (CSOs) between the

introduction/connection point and the headworks.

3. Due to the nature of the organic pollutants present in this nondonestic wastewater, the

permittee must conduct thorough testing on this nondomestic wastewater to determine if

it is permissible and does not cause a fire or explosion hazard. Additionally, if deemed

permissible, this must also be imposed as a limit in any permit issued by the permittee for

this type of wastewater. On or before September 15, 2009, the permittee shall modify its

permit to LAD to require regular closed cup flashpoint testing and to impose a minimum

flashpoint limitation of 140 degrees Fahrenheit.

4. Due to the nature of the organic pollutants present in this nondomestic wastewater, the

permittee must evaluate the necessity of limitations to be protective of POTW workers.

Information on this 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 be completed 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 a hazardous waste. If the wastewater

is a hazardous waste, the permittee shall determine and obtain compliance with all

hazardous waste requirements on or before January 31, 2010.
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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 as local limits and/or effluent limits to be protective 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 at the discharge from Outlet 001 beginning in the month of September 2009. Where

permissible by the test method, composite samples shall be taken. Appropriate method

detection levels shall be used and the sampling results shall be submitted as an

attachment to the permittee's discharge monitoring report.

9. Order for Compliance Item No. 3 of the original order is revised as follows. On or before

January 31, 2010, the permittee shall submit a permit 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 of the 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 to this agency. If the cause of the interference with the

operation of the ultraviolet disinfection unit is ultimately attributed to nondomestic

wastewater from an industrial user, then the permittee must either cease accepting this

wastewater or impose and enforce the necessary limitations or requirements 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

as relieving the permittee of the obligation to comply with any applicable law, permit,

other order, or any other requirement otherwise applicable. Violations of the 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 are severable and should a court 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 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.
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RIGHT OF APPEAL

Notice is hereby given of your right to appeal the terms and conditions of this Order

which you are aggrieved to the Environmental Quality Board by filing a NOTICE of APPEAL

on the form prescribed by such Board, in accordance with the provisions of Section 21, Article

I1, Chapter 22 of 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