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west virginia department of environmental protection

Division of Water and Waste Management 601 57th Street SE Charleston, West Virginia 25304-2345 Phone: 304-926-0495 Fax: 304-926-0496 Joe Manchin III, Governor Stephanie R. Timmermeyer, Cabinet Secretary 

## www.wvdep.org January 15, 2008
BUD SMITH, DIRECTOR ENV. CON. MOUNTAIN STATE CARBON, LLC C/O WHEELING-PITTSBURGH STEEL CORP 1134 MARKET ST WH]3ELING, W-V 26003 And BUD E. SMITH, DIRECTOR WHEELING PITTSBURGH STEEL CORP (Operator) ENVIRONMENTAL CONTROL DEPT 1134 MARKET STREET WHEELING, WV 26003

Dear Permittee: CERTIFIED RETURN RECEIPT REQUESTED
Enclosed please find WV/NPDES Permit Number WV0004499 dated January 15, 2008. The agency received comments from Mountain State Carbon, LLC (permittee) including a comment letter on July 10, 2006 and January 14, 2008. The agency met with the permittee to discuss the comments and issues _w_ith the draft permit on numerous occasions including, but not limited to, June 1, 2006; June 21, 2006; June 28, 2007; November 29, 2007; and December 5, 2007. Throughout this process, the permit went to public notice on April 6, 2006; May 11, 2006; June 9, 2006; and December 14, 2007. The agency believes it has responded to the permittee's comments over the duration of these meetings and discussions. Further, due to these meetings and discussions, the agency believes that the permittee is in agreement with the final permit being issued. In general, the first comment letter contained comments regarding water quality-based effluent limits. Therefore, the agency has elected to provide the following general response to the first comment letter. WQBELs must be developed where a discharge exhibits reasonable potential to cause or contribute to a violation of water quality standards. Limitations were imposed accordingly. Section C of the permit contains language to address compliance with limitations that are below detection levels of test methods. Section C also contains language about specific test methods. Section C also contains a detailed compli_mce schedule with several milestones for the permittee to move toward ultimate compliance with final effluent limitations. Comment No. 2 : Second Comment Letter The second comment letter contained comments on the mixing zone modeling for Outlet 005. Near field mixing in the zone of initial dilution (zid) is critical on the acute effects of the discharge on aquatic life in the immediate area around the discharge. As this discharge is located on the river bank, the agency concluded Promoting a healthy environment.

## BUD SMITH, DIRECTOR ENV. CON.

Page 2 January 15, 2008 while working with the permittee's consultant that the depth at the discharge location during low flow conditions is approximately 1.5 meters. As this is a low velocity discharge (less than 10 feet per second), the zid cannot exceed 5 times the receiving water depth at the discharge during low flow conditions (7.5 meters). In order to get a better look at near field conditions, the discharge was modeled as a submerged pipe discharge using the "CORMIX3 - Surface Discharge" option. The "CORMIX1 - Single Port" option does not allow one to specify a small depth at the discharge. As a result, this precludes a good analysis of desired near field mixing area. Therefore, CORMIX3 was used in order to evaluate the desired near field mixing area. Regardless, it should be noted that whether the discharge is modeled as a CORMIX1 or CORMIX3, the zid still cannot exceed a distance 7.5 meters. Using CO RMIX3 and the inputs provided in the permittee's comments results in lesser dilution at 7.5 meters downstream than if using CORMIX1. Because the heated discharge will be buoyant in the receiving stream resulting in the in a surface plume, the chronic mixing zone (cmz) was limited to 20 meters downstream due to docked barges serving as a potential hindrance to downstream mixing. No changes were made to the final permit. Please note that a Discharge Monitoring Report (DMR) is to be completed and submitted to thisDivision each month. It is suggested that several copies of the enclosed DMR forms be made for your future use, as this Division does not supply permittees with DMR forms. Special Condition: As a result of EPA comments on the draft permit, the following revisions have made to the final permit. A compliance schedule cannot be granted for technology-based effluent limitations because the statutory compliance schedule deadline for technology-based effluent limitations was March 31, 1989. Therefore, the compliance schedule for the net TSS limitation at Outlet 005 has been removed from the permit. Administrative Order No. 6368 will be issued to address compliance issues with the TSS limit at Outlet 005. The expected additional loading of 90 tons/day to the long term average production rate at internal Outlet 205 was removed from the production rate and production-based effluent limits at Internal Outlet 205 were recalculated based offofthe highest long term average over 12 consecutive months from 2001 through 2005. As a result of the lower production rate used, the 301 (g) variance for the average monthly ammonia nitrogen effluent limit has been reduced accordingly. Finally note that copies of all future correspondence regarding the permit including copies of DMRs must be forwarded to the Field Inspector and Field Supervisor at the following address: Department of Environmental Protection Environmental Enforcement 2031 Pleasant Valley Rd Suite # 1 Fairmont, WV 26554 Also, please note the attachment to this permit which describes the annual permit fee requirement. Reissuance of your permit does not change the annual fee billing cycle.

## BUD SMITH, DIRECTOR ENV. CON.

Page 3 January 15_ 2008
Also, enclosed find Administrative Order No. 6368 for Permit No. WV0004499 requiring you to upgrade your treatment to meet the requirements of this Permit. If you have any questions, please contact Matt Sweeney, P.E. of this Division at (304) 926-0495.

LAM:ms Enclosures L_ 

## Director/



## Permit Number: WV0004499

Permittee: MOUNTAIN STATE CARBON, LLC

ce: Env. Insp. Supv. Env. Insp. ORSANCO US EPA

## STATE OFWEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER AND WASTE MANAGEMENT

601 57TH STREET SE CHARLESTON, WV 25304-2345 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

WATER POLLUTION CONTROL PERMIT 

## NPDES PERMIT NO.: WV0004499 SUBJECT: IndustrialWaste

LOCATION: FOLLANSBEE

(City) See the next page for a list of Outlets. Brooke (County) ISSUE DATE: January 15, 2008 EFFECTIVE DATE : February 14, 2008 EXPIRATION DATE:January 14, 2013 SUPERSEDES: Permit No. VVV0004499 dated August 17, 2001

Upper Ohio River 1 (Drainage Basin)


## TO WHOM IT MAY CONCERN: This is to certify that: MOUNTAIN STATE CARBON, LLC C/O WHEELING-PITTSBURGH STEEL CORP 1134 MARKET ST WHEELING, WV 26003 And WHEELING PITTSBURGH STEEL CORP (OPERATOR) ENVIRONMENTAL CONTROL DEPT 1134 MARKET STREET WHEELING, WV 26003 are hereby granted a West Virginia NPDES Water Pollution Control Permit to: Operate and maintain disposal systems for the direct discharge of treated process wastes, groundwater, storm water, sanitary waste, untreated non-contact cooling water, and untreated boiler blowdown through Outlet 005 into the Ohio River at approximately Milepoint 68.85. Also to operate and maintain disposal systems for the direct discharge of untreated drains from freeze protection lines for the river water through Outlets 008 and 009 into the Ohio River at approximately Milepoint 68.9. Also to operate and maintain an emergency discharge pipe for the discharge of untreated Ohio River water from the plant's fire protection system through Outlet 010 into the Ohio River at approximately Milepoint 68.85. Also to operate and maintain an intake system (Outlet 097) for the withdrawal of water from the Ohio River. This permit is subject to the following terms and conditions : The information submitted on and with Permit Application No. WV0004499 dated the 12th day of December 2005 and additional information dated the 8th day of March 2006 and 10th day of December 2007 are hereby made terms and conditions of this Permit with like effect as if all such permit application information were set forth herein and with other conditions set forth in Sections A, B, C, and Appendix A. The validity of this permit is contingent upon the payment of the applicable annual permit fee, as required by Chapter 22, Article 11, Section 10 of the Code of West Virginia.

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### Page No.: 22 of 30 Permit No.: WV0004499 

## B. SCHEDULE OF COMPLIANCE 1. The permitee shall achieve compliance with the provisions for waste treatment and the monitoring requirements specified in the permit in accordance with the following schedule : Effective date of permit. 2. ReportsOfcompliance or non-compliance with, and progress reports on interim and final requirements contained in the above compliance schedule, if any, shall be postmarked no later than 14 days following each schedule date.,/ i 

### Page No.: 23 of 30 Permit No.: WV0004499 

## Section C - Other Requirements 01. The permittee shall practice good housekeeping including maintaining the facility grounds. There shall be no scattered parts, equipment, debris, etc. Any and all drums shall be either stored in a covered area or kept upon pallets and properly sealed. 02. The issuance ofthis permit shall not relieve the permittee of the obligation to comply with any other federal, state or local laws. Compliance with this permit does not relieve the permittee from the obligation of Section 311 ofthe Clean Water Act. This permit does not authorize spills ofhazardous substances/wastes from any permitted outlet into waters of the State. Such incidents are to be reportedin accordance with Sections IV.1 and IV.2 of Appendix A ofthis permit. 03. Upon review of information submitted under terms and conditions ofthis permit,the permit may be modified to require additional effluent limitations/monitoring requirements and/or improved best management practices. 04. The permittee shall notify the Division of Water andWaste Management immediately when itbecomes aware of any migration of any pollutant from any unpermitted source (such as contaminated groundwater and/or storm water) into surface waters of the State. 05. Without prior approval from the agency, the permittee shall not accept and treatwastewater from any other facility. The permittee may also continue to treat the water generated duringthe Ohio River tar contaminated sediments removal project (WV Consent Order No. 4960). 06. The permittee shall submit each month according to the enclosed format, a Discharge Monitoring Report (DMR) indicating in terms of concentration and/or quantities the values of the constituents listed in Section A analytically determined to be in the plant effluent(s). Additional information pertaining to effluent monitoring and reporting can be found in Section III of Appendix A. 07. The required DMRs should be received no later than20 days following the end ofthe reporting period and be addressed to: Director U.S. Environmental Protection Agency Division of Water and Waste Management Region III, Water Protection Division Permitting and Engineering Branch NPDES Enforcement Branch (3WP42) 601 57th Street SE 1650 Arch Street Charleston, West Virginia 25304 Philadelphia, PA 19103 

## 08. For any noncompliance reportsto be submitted in writing by this permit, a copy shall also be forwarded to the EPA atthe location specified under Condition C.7 ofthis permit. 09. Any "not detected (ND)" results by the permittee mustbe "ND" atthe method detection limit (MDL) for the test method used forthat parameterand mustbe reported as less than the MDL used. The permittee may not reportthe result as zero, "ND", or reportthe result as less than a minimum level (ML), reporting limit (RL), or practical quantitation limit (PQL). When averaging values ofanalytical results for DMR reporting purposes formonthly averages, the permittee should use actual analytical results whenthese results aregreater than or equal to the MDL and should use zero (0) when these results are4ess thanthe MDL. If all analyticaLresults arenon-detect atthe MDL (<MDL), then the permittee should use the actual MDL in the calculation for averaging and report the result as less thanthe average calculation. 10. Inincidences where a specific test method is not deemed, the permittee shall utilize an EPA approved method with a method detection limit (MDL) sensitive enough to confn-m compliance with the permit effluent limit forthat parameter. If a MDL is not sensitive enough to confmn compliance, the most sensitive approved method mustbe used. If a more sensitive EPA approvedmethod becomes available, that method shall be used. Should the current and/or new method not be sensitive enough to conf'u-mcompliance with the permitted effluent limit, analytical results reported as "not detected" atthe MDL ofthe most sensitive method available will be deemed compliant for purposes of permit compliance. Results shall be reported on the Discharge Monitoring Reports as a numeric value less than the MDL. 11.The permittee shall not use alternate DMRs without prior approvalfrom this Agency. 12. The Groundwater Protection Plan (GPP) shall be maintained at the plant site and shall be available for inspection by DEP personnel.

### Page No.: 24 of 30 Permit No.: WV0004499


## Section C - Other Requirements 13. The permittee shall maintain and continue to implement its stormwater pollution prevention plan (SWPPP) for the site. The SWPPP shall be preparedin accordance with good engineering practices. The SWPPP shall identify potential sources of pollution which may reasonably be expected to affect the quality of storm water discharges associated with the industrial activity. In addition,the plan shall describe and ensure the implementation of practices which are tobe used to reduce the pollutants in storm water discharges associated with the industrial activity at the facility and to assure compliance with the terms and conditions of this permit A copy of this document shall be retained atthe site for review upon request. 14. If there is evidence indicating potential or realized impacts on water quality due to any storm water discharge associated with industrial activity covered by this permit, the permit may be promptly modified and/or reissued to include effluent limitations and/or other requirements to control such stormwater discharges. 15. If any portion ofthe Permittee's discharge that is identified as being subject to Federal Effluent Guideline(s) andthe new or revised requirements ofthe Federal Effluent Guideline(s) are not currentlyin this permit, the Director may reopen or reissue this permit to incorporate additional, more stringent requirements or limitations. 16. The permittee shall perform acute effluent toxicity testing in accordance with the following. a. The acute effluent toxicity testing prescribed, herein, shall be 48-hour static acute toxicity tests utilizing Pimephales Promelas fathead minnow and Ceriodaphnia Dubia as the test species. b. The acute toxicity testing shall be performed on an annual (l/year) basis. The first acute toxicity testing shall be carried out within 6months from the effective date of the permit for Outlet 005. There shall be aminimum of three (3) months between sampling events. c. 24-hour flow weighted composite samples of the effluent, as prescribed in Section A, shall be collected for testing. d. The dilution water should be a representative sample of the receiving water and should be obtained from a point as close as possible tobut upstream or outside of the zone influenced by the effluent. If dilution water from the receiving stream is not suitable, some other uncontaminated, well-aerated surface or groundwater or commercially available media or reconstituted laboratory water canbe used. e. Testing and reporting ofthe result shallbe performed in accordance with 40 CFR 136 and mustbe submitted with the Discharge Monitoring Report (DMR) for the month following the completion of each test. LC50 shall be converted into Acute Toxic Units (TUa) using the following formula: TUa = 100/LC50 For example, ifLC50 is 100%, then TUa = 100/100 = 1. •t: If acute effluent toxicity testing demonstrates toxicity above 1 TUa, the permittee shall immediately resample and test the effluent. This shall be performed within 30 days. Copies of the retesting results shall be provided tothe Director immediately upon completion of the test, g. The Director may impose further requirements should the acute effluent toxicity testing results show toxicity. 17. The permittee shall utilize EPA Method No. 1664 A (gravimetric analysis using the hexane extractable method [HEM]) for the analysis of oil and grease. 18. For the measurement of Free Cyanide, the permittee shall use the standard method for weak acid dissociable cyanide, as specified in the latest edition of Standard Methods. 19. The Division has started to analyze the impacts of nutrients upon water quality and whether there is a need to establish nutrient water quality standards. Therefore, the Division shall impose effluent sampling for Total Nitrogen and Total Phosphorus in order to assist in this analysis. The Division recognizes there is not an EPA approved method to directly test for Total Nitrogen. The Total Nitrogen value to be reported on the permittee's Discharge Monitoring Reports (DMRs) shall be the sum of the following parameters; Total Kjeldahl Nitrogen, Nitrate and Nitrite.

### Page No.: 25 of 30 Permit No.: WV0004499 

## Section C - Other Requirements 20. The Permittee shall submit the enclosed Annual Production Report summarizing the actual production from Internal Outlet 205 for each month. This report shall include the actual production from each unit for eachmonth and not the potential production from the unit. For example, if a unit was in operation for only 2 shifts every day during a month, then the production reported from the unit should reflect only 2 shifts of operation for each day of the month and shall not include the potential third shift that was not worked. Please fred the attached Annual Production Report that is to be used by the Permit-tee. An alternate report may not be used by the permittee without prior approval from this Agency. This report is due on or before the 20th of January each calendar year and may be attached tothe Permittee's December DMR. 21. The
a.

b°

C.



## 22. following conditions apply only to the package sewage treatment plant: The herein described treatment works, structures, electrical, and mechanical equipment shall be adequately protected from physical damage by the maximum expected twenty-five (25) year flood level, and operability shall be maintained during the ten (10) year flood level. Maintenance and operation ofthe listed sewage treatment facility shall be performed by, orsupervised by, a certified operator possessing at least a Class 1-S certificate, for Waste Water Treatment Plant Operators, issued by the State of West Virginia. The permittee shall connect to a municipal orpublic service district sewage collection system, if feasible, when one becomes available; however, prior to this connection, the permittee shall obtain written permission from the municipal or public service district sewage system authority which will receive the waste and submit a request along with one (1) copy of the written permission to the Division of Water and Waste Management for approval. d. Without prior approval from the agency, use of intermediates, by-products, spent solvents or any other materials (except commercial grade materials), containing pollutant(s) that cannot be removed by the wastewater treatment plant is prohibited. The mixing zone granted extends approximately 20 meters downstream and45 meters across the streamfrom Outlet 005. The permittee shall conduct a mixing zone verification study prior to the expiration date of this permit. Monitoring for this study shall be conducted between the months ofAugust and October. The permittee shall attempt to conduct this study during low flow conditions in the Ohio River. For the purposes of this study, low flow conditions shall be defined as less than 7,000 cubic feet per second in the Ohio River. The Agency recognizes that this condition may not occur during the term of this permit. If this low flow condition is not met by the final year of the permit, the permittee shall conduct this study during the last year of the permit between the months ofAugust and October. a. The permittee shall monitor Outlets 005, Outlet 097, and the following downstream verification locations concurrently (the same day) for flow, temperature, pH, hardness, total suspended solids, the individual constituents of PAH, total recoverable selenium, total recoverable chlorine, total recoverable iron, total recoverable aluminum, ammonia nitrogen, find free cyanide: All monitoring shall be representative of normal operations and discharge levels at the facility. Monitoring for Outlets 005 and 097 shall be in accordance with their respective requirements defined in Sections A and C of this permit. Monitoring at the following verification locations shall be consist of two depths with one depth being a surface sample and the other depth being less than one meter. Each depth sample shall be analyzed separately. Test Methods used at the verification points shall be in accordance with Section C of the permit.
b. 

## 0 meters downstream and 2 meters from the stream bank at Outlet 005. 7.6 meters downstream and 15 meters from the stream bank at Outlet 005. 7.6 meters downstream and 107 meters from the stream bank at Outlet 005. 10 meters downstream and 10 meters from the stream bank at Outlet 005. 20 meters downstream and 20 meters from the stream bank at Outlet 005. 20 meters downstream and 45 meters from the stream bank at Outlet 005. 20 meters downstream and 107 meters from the stream bank at Outlet 005. 79 meters downstream and 107 meters from the stream bank at Outlet 005. The permittee may submit a Plan of Study for review and approval by the WVDEP.

### Page No.: 26 of 30 Permit No.: WV0004499


## Section C -Other Requirements 22. c. This language may be adjusted in the future based off ofadditional information submitted relative to the mixing zone as noted in Section C.34. As such, the permittee may elect to defer performing the verification study until afteran assessment of additionalmixing zone information has been completed. Regardless, the verification study shall be conducted in accordance with this condition prior to the expiration date of this permit. 23. Should two (2) consecutive discharge monitoring reports illustrate non-compliance with any pollutanti,s permit limitations, the permittee shall submit a Plan of Action outlining milestones to achieve compliance. 24. Prior to disposing of any solids generatedby the package sewage treatmentplant, the permittee shall submit a letter of acceptance from the disposal facility tothis Division. This does not apply to any normal solid wastes (trash/refuse) generated bythe standard operation of the facility. However, those normal solid wastes shall be disposed of in a manner consistent with any, and all, appropriate laws and regulations. Any intentional discharge/disposal of any non-wastewater waste materials through any permitted discharge forthe purpose of circumventing other regulations solely by dilution is prohibited. 25. The permittee shall operate and maintainbarge loading and unloading facilities in such a manner so as, to the maximum extent practicable, preclude spillage of coal, chemicals, etc. used atthe facility, and shall take all actions necessary to clean up and control any such spill which may occur. 26. ?my net discharge of polychlorinated biphenyl compounds (PCBs) through any outfall is prohibited. In addition, discharge of any PCBs generated by facility operations is prohibited. 27. In conformance with the requirements of Appendix A, Part II, Section 5, Removed Substances, the permittee shall obtain approval forthe disposal ofany solids generated by thewastewater treatment plant. This approval shall be afforded in accordance with the provisions of Title 33, Series 2, ofthe Legislative Rules, accordingly, and 40 CFR Part503, as applicable. 28. In accordance with Appendix A.III.6 of this permit, the permittee shall keep hard or electronic copies of laboratory records on site and have readily available for review by DEP personnel. 29. Any bilge water that is pumped out ofthe barges shall bepumped to the on-site collection system and properly treated prior to discharge, unless extreme emergency situations, such as,the imminent sinking of abarge into the Ohio River requires the immediate pumping of bilge water to the river to prevent a potentially worse environmental situation. Inthe case of these extreme emergency situations, the permittee shall follow the bypass provisions contained in Appendix A, Part II, Section 3 and the reporting requirements of Appendix A, PartIV, Section 2. Discharged bilge water shall not cause a violation of Title 47, Series 2, Section 3.a of the West Virginia Code of State Regulations. 30. Net TSS calculations atInternal Outlet 305 and Outlet 005 shall be calculated by subtracting the Gross TSS value at Outlet 097 from the Gross TSS value taken at Internal Outlet 305 and Outlet 005. Ouffall and upstream sampling (Outlet 097) for TSS shall be concurrentin order to calculate a representative net value. The permittee may collect a composite sample for TSS at Outlet 097 in lieu of the required grab sample. The permittee should indicate this on the DMR accordingly. 31. Monitoring for Total Polynuclear Aromatic Hydrocarbons shallbe determined by summing the individual concentrations (in ng/1) of the following individual pollutants. If each constituent's result is non-detect, the permittee shall report the result as less than the sum of all of the method detection levels. If some of the constituents are detectable values and some are non-detect, the permittee may use zero forthe constituents that were non-detect when summing the results and shall reportthe final value as a number. The permittee shall use EPA Method No. 610 forthe analysis of each pollutant listed. Acenaphthene Acenaphthylene Ahthracene Benzo (a)anthracene 3,4-Benz0fluoranthene Benzo (k)fluoranthene Benzo (a)pyrene Chrysene Fluoranthene Fluorene Naphthalene Phenanthrene Pyrene Benzo(ghi)perylene Dibenzo(a,h)anthracene Indeno(l,2,3-cd)pyrene

### Page No.: 27 of 30 Permit No.: WV0004499 

## Section C - Other Requirements 32. Effluent monitoring for the following pollutants shall be conducted using the most sensitive methods and detection levels Commercially available and economically feasible. The following methods are to be used unless the permittee desires to use an EPA Approved Test Method with alisted lower method detection level. Regardless, it is recognized that detection levels can vary from analysis to analysis and that non-detect results at a different MDL for the specified test method would not constitute a permit violation. Parameter EPA Method No. Method Detection Level (ug/l) Copper, Total Recoverable 200.8 0.5 Zinc, Total Recoverable 200.8 1.8 Aluminum, Total Recoverable 200.8 1 Selenium, Total Recoverable 200.9 0.6 Benzene 602 0.2 Phenolics, Total Recoverable 420.1 5 Mercury, Total* 1631 0.0002 Mercury, Total* 245.7 0.0018 Acenaphthene 610 1.8 Acenaphthylene 610 2.3 Anthracene 610 0.66 Benzo(a)anthraaene 610 0.01 Benzo(b)fluoranthene 610 0.018 Benzo(k)fluoranthene 610 0.017 Benzo(a)pyrene 610

_ 0.02 Chrysene 610 0.15 Fluoranthene 610 0.21 Fluorene 610 0.21 Naphthalene 610 1.8 Phenanthrene 610 0.64 Pyrene 610 0.27 Benzo(ghi)perylene 610 0.076 Dibenzo(a,h)anthracene 610 0.03 Indeno(l,2,3-cd)pyrene 610 0.04 *The permittee may use either EPA Test Method 1631 or 245.7 for mercury. 

## 33. The Permittee has indicated that it plans to increase production afterthe completion of upgrades on its coke batteries in the future. The Permittee may submit apermit modification including information reflecting a reasonable measure of the anticipated increase in production in order to revise production-based effluent limitations.

34. The Permittee shall assess its actual, not potential, long-term average production rate twelve months after the issuance of this permit. The long-term average production rate for the fast twelve months shall be determined from the actual production from eachmonth. For example, if a unit was in operation for only 2 shifts every day during a month, then the production rate for the unit should reflect only 2 shifts of operation for each day of the month and shall not include the potential third shift that was not worked. Ifthe actual long-term average production rate is less than 3,200 tons/day, the Permittee shall immediately submit a permit modification to revise production-based effluent limitations. The following requirements shall serve as interim milestones for the permittee to carry outaspart of its compliance schedule.

a. 

## Within thirty (30) days ofthe effective date ofthis permit, the permittee will provide the West Virginia Department of Environmental Protection (WVDEP) with a proposed sampling and analysis plan to collect data upstream of Outlet 005 on the concentrations of those parameters that demonstrated a reasonable potential to violate water quality standards and water quality based effluent limitations. 

# i) The permittee will conduct this data collection in accordance with a WVDEP-approved sampling and analysis plan during the low-flow season (July - October). Should adverse weather or river conditions make low-flow sampling impossible, the permittee will inform the WVDEP and submit a revised schedule. ii) Within twelve (12) months ofthe effective date of this permit, the permittee will submit to the WVDEP a written summarization of the sampling data and a "reasonable potential" assessment of the parameters.

## Page No.: 28 of 30 PermitNo.: WV0004499
Section C - Other Requirements 34. b.

C. 

## d.

e.



## f.

g° 

## Within sixty (60) days of the effective date ofthis permit, the permittee will determine ifa metals translator study will be conducted and, ira study is to be conducted, provide a sampling and analysis plan to the WVDEP. If the permittee determines that a metal translator study is appropriate: i) The permittee will conduct translator study sampling and analysis of the effluent and Ohio River during the low-flow season (July - October). Should adverse weather or river conditions make low-flow sampling impossible, the permittee will inform the WVDEP and submit a revised schedule. ii) Within twelve (12) months of the effective date of this permit, the permit-tee will submit to the WVDEP a written summarization of the study data. The report will document whether the data support the use of a site-specific translator value. Within fourteen (14) months of the effective date of this permit, the permittee shall notify the WVDEP if it will pursue a study regarding the feasibility of"real-time" water quality management. Within sixteen (16) months of the effective date of this permit, the permittee will submit to the WVDEP a preliminary mixing zone modeling report (such as CORMIX), utilizing the data collected during the in-stream sampling and analysis efforts. Within eight-teen (18) months of the effective date of this permit, the permittee will submit a plan of action that will identify significant sources of pollutants, including leaks, along with specific actions (such as better operation and maintenance or revised best management plans) to minimize the pollutant levels entering the wastewater treatment system. The permittee shall submit quarterly progress reports thereafter detailing any significant fmdings, adjustments, and additional actions tobe taken in the future. Within thirty (30) months of the effective date of this permit, the permittee will submit a report that defines the treatment removal efflciencies of the wastewater treatment plant for parameters that have final water quality based effluent limitations included as f'mal limitations in the permit. This report will be based on actual data collected at the infiuent and effluent of the wastewater treatment plant. The report will include a discussion of the wastewater treatment removal capability of the system. The report shall include a discussion of the wastewater treatment removal capability of similar systems to the extent information is reasonably available. If the removal performance is lower than the system's capabilities, the report will identify opportunities to improve the removal efficiency, and will also identify potential additional or new innovative treatment technologies that might improve the removal efficiency. Within thirty (30) months of the effective date of this permit, the permittee will submit to the WVDEP a comprehensive report documenting whether the revised reasonable potential analysis, site-specific translator study (if appropriate) and in-stream data, "real-time" water quality management study, and mixing zone modeling (such as CORMIX) will support revised effluent limitations. i) If said newly calculated effluent limitations are sufficient to allow the permittee to consistently meet its permit limitations based on historical and predicted discharges without any further facility modification, then the permittee may file a request for a modification to the permit to implement the newly calculated effluent limitations.

h. 

## i. ii) If further facility modifications will be necessary, the report will detail the alternatives under consideration

(i.e. diffuser, additional treatment technologies, new innovative treatment technologies) and will propose a schedule for their evaluation, design, permitting, and installation. The permittee will submit quarterly progress reports to the WVDEP detailing actions taken to meet the requirements of this schedule. The permit contains a three (3) year compliance schedule for multiple effluent limitations. If the permit-tee has completed the aforementioned requirements as prescribed herein and a complete permit modification application is submitted within thirty (30) months of the issuance of the permit, the final effluent limitations prescribed in the permit will not become effective until a final permitting action (which may revise final effluent limitations) has been made by the agency on said modification application. Further, if the permittee has completed the aforementioned requirements and the agency and permittee agree that the studies indicate that modification of the WWTP is necessary to meet final effluent limits, the agency will provide an extension of time in order for the permittee to complete the modifications. The permittee will have the right to appeal any final permitting action revising or refusing to revise final effluent limitations or any refusal to grant an extension.

## Page No.: 29 of 30 Permit No.: WV0004499
Section C - Other Requirements 34. j. Ifany event occurs which causes ormay cause delays in the achievement of compliance with this schedule, the permittee will notify the director in writing within thirty (30) days of the delay oranticipated delay, as applicable. The notice shall describe the anticipated length of the delay, the cause ofthe delay, measures taken by the permittee to prevent or minimize the delay, and the timetable by which those measures shall be implemented. The permittee shall adopt all reasonable measures to avoid orminimize such delay. 35. Sampling for total suspended solids at Outlet 097 shall be flow-proportional to reflect the quality of water from two water intakes (pumphouse atthe Steubenville NorthPlant and the pump station on WV side of the river).

## Page No.: 30 of 30 Permit No.: WV0004499

The herein-described activity is to be extended, modified, added to, made, enlarged, acquired, constructed or installed, and operated, used and maintained strictly in accordance with the terms and conditions of this permit, with the plans and specifications submitted with Permit Application No. WV0004499; with the plan of maintenance and method of operation thereof submitted with such application(s); and with any applicable rules and regulations promulgated by the Environmental Quality Board and the Secretary of the Department of Environmental Protection. Failure to comply with the terms and conditions ofthis permit, with the plans and specifications submitted with Permit Application No. WV0004499; and with the plan of maintenance and method of operation thereof submitted with such application(s) shall constitute grounds for the revocation or suspension of this permit and the invocation of all the enforcement procedures set forth in Chapter 22, Article 11, or 15 of the Code of West Virginia. This permit is issued in accordance with the provisions ofChapter 22, Article 11 and 12 and/or 15 ofthe Code of West Virginia and is transferable under the terms of Section 11 ofArticle 11.0 

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# Appendix A

I. MANAGEMENT CONDITIONS: I. Duty to Comply



## a) The permittee must comply with all conditions ofthis permit. Permit noncompliance constitutes a violation of the CWA and State Act and is

grounds for enforcement action; for permit modification, revocation and reissuance, suspension or revocation; or for denial of a permit renewal application. b) The permittee shall comply with alleffluent standards or prohibitions established under Section 307(a) of the CWA for toxic pollutants within

the time provided in the regulations that establish these standards or prohibitions, even ifthe permit has not yet been modified to incorporate the requirement. 2. Duty to Reapply

If the permittce wishes to continue an activity regulated bythis permit after the expiration date of this permit,the permittee must apply for a new permit at least lg0 days prior to expiration of the permit. 3. Duty to Mitigate

The permittee shall take all reasonable steps to minimize or preventany discharge in violation ofthis permit, which has a reasonable likelihood of adversely affecting human health or the environment. 4. Permit Actions

This permit may be modified, revoked and reissued, suspended, or revoked for cause. The filing era request by the permittec for permit modification, revocation andreissuance, or revocation, or a notification of planned changes or anticipated noncompliance, does not stay anypermit condition. 5. Property Rights

This permit does not convey any property rights of any sort or any exclusive privilege. 6. Signatory Requirements

All applications, reports, or information submitted to the Director shall be signed and certified as required in Title 47, Series I0, Section 4.6 of the West Virginia Legislative Rules. 7. Transfers

This permit is nottransferrable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to change the name ofthe permitte¢ and incorporate such otherrequirements as may be necessary. 8. Duty to Provide Information

The permittee shall furnish to the Director, within a reasonable specified time, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, suspending, or revoking this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit. 9. 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 Director, itshall promptly submit such facts or information. I0. Inspection and Entry

The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: a) Enter upon the permittee's premises in which aneffluent source or activity is located, 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 bekept under the conditions ofthis 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 bythe State Act, any

substances or parameters at any location. II. Permit Modification

This permit may be modified, suspended, or revoked in whole or in part during its term in accordance with the provisions of Chapter22-I 1-12 of the Code of West Virginia. 12. Water Quality

Subject to 47 WV CSR 10.3.4.a, the effluent or effluents covered by this permit are to be of such quality so as not to cause violation of applicable water quality standards adopted by the Environmental Quality Board. 13. Outlet Markers

A permanent marker at the establishment shall be posted in accordance with Title 47, Series 11, Section 9 of the West Virginia Legislative Rules. 14. Liabilities

a) Any person who violates a permit condition implementing sections 301,302, 306, 307, 308, 318, or 405 of the Clean Water Act is subject to a

civil penalty not to exceed $25,000 per day of such violation. Any person who willfully or negligently violates permit conditions implementing sections 301,302, 306, 307, 308 or405 of the Clean Water Act is subject to a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than 1 year, or both. b) Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under .. =.. this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, orby imprisonment fornot more than 2

years, or by both. c) Any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to

be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by afine ofnot more than $10,000 per violation, or by imprisonment for not more than 2 years, or by both. d) Nothing in I. 14 a), b), and c) shall be construed to limit or prohibit any other authority the Director may have under the State Water Pollution

Control Act, Chapter 22, Article 11.

### II. OPERATION AND MAINTENANCE:

1. Proper Operation and Maintenance

The permittoe shall at alltimes properly operate andmaintain 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. Unless otherwise required by Federal or State law, this provision requires the operation of back-up auxiliary facilities or similar systems which areinstalled bythe permittee only when the operation is necessary to achieve compliance with the conditions ofthe permit. For domestic waste treatment facilities, waste treatment operators as classified by the WV Bureau of Public Health Laws, W. Va. Code Chapter 16-1, will be required except that in circumstances where.the domestic waste treatment facility is receiving any type of industrial waste, the Director may require a more highly skilled operator. 2. Need to Halt or Reduce Activity Not a Defense

It shall not bea defense for a permittee in an enforcement action that itwould have been necessary tohalt or reduce the permitted activity in order to maintain compliance with the conditions ofthe permit. 

### 3.Bypass 

## a)
b) 0 d) Definitions

(1) "Bypass" means the intentional diversion of waste streams from any portion ofa treatment facility; and (2) "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 beexpected to occur in the absence ofa bypass. Severe property damage does notmean economic loss caused by delays in production. Bypass not exceeding limitations. The permittoe may allowany bypass to occur which does not cause effluent limitations to beexceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of II.3.c) and II.3.d) of this permit. (1) If the permittee knows in advance ofthe need for a bypass, it shall submit prior notice, if possible at least ten (10) days before the

date ofthe bypass; (2) If the permittee does notknow in advance ofthe need for bypass, notice shallbe submitted as required in IV.2.b) of this permit.

Prohibition of bypass (I) Bypass is permitted only underthe following conditions, and the Director may take enforcement action against apermittee for a bypass, unless; (A) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (B) There were no feasible altematives 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 backup equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and (C) The permittoe submitted notices as required under II.3.c) of this permit. (2) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the

three conditions listed in II.3.d.(1) of this permit. 4. Upset

b)



## c)

d) 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 preventative maintenance, or careless or improper operation. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitation if the requirements of II.4.c) 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. Conditions necessary for a demonstration of upset. A permit-tee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, orother relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permitted facility was at the time being properly operated; (3) The permittee submitted notice of the upset as required in IV.2.b) of this permit. (4) The permittee complied with any remedial measures required under 1.3. of this permit. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 5. Removed Substances

Where removed substances are not otherwise covered by the terms and conditions ofthis permit or otherexisting permit by the Director, any solids, sludges, filter backwash or other pollutants (removed in the course of treatment or control of was!e.w_ters) and which are intended for disposal within the State, shall be disposed of only in a manner and at a site subject to the approval by the Director. If such substances are intended for disposal outside the State or for reuse, i.e., as a material used for making another product, which in turn has another use, the permittee shall notify the Director in writing of the proposed disposal or use of such substances, the identity of the prospective disposer or users, and the intended place of disposal or use, as appropriate.

## III. MONITORING AND REPORTING

1. RepresentativeSampling

Samplesand measurements takenforthe purposeof monitoringshallbe representative ofthemonitoredactivity. 2. Reporting



## a) b) c) d) Permittee shall submit, according to the enclosed format, a Discharge Monitoring Report (DMR) indicating in terms of concentration, and/or

quantities, the values ofthe constituents listed in Part A analytically determined to be inthe planteffluent(s). DMR submissions shall be made in accordance with the terms contained in Section C of this permit. Enter reported average and maximum values under "Quantity" and "Concentration" in the units specified foreach parameter, as appropriate. Specify the number ofanalyzed samples that exceed the allowable permit conditions inthe columns labeled "N.E." (i.e., number exceeding). Specify frequency ofanalysis for each parameteras number of analyses/specified period (e.g.03/month is equivalent to 3 analyses performed every calendar month). Ifcontinuous, enter "Cont.". The frequency listed on format is the minimum required. 3. Test Procedures

Samples shall be taken, preserved and analyzed in accordance with the latest edition of 40 CFR Part 136, unless other test procedures have been specified elsewhere inthis permit. 4. Recording of Results

For each measurement or sample taken pursuant tothe permit, the permittee shall record the following information. a) The date, exact place, and time of sampling or measurement; h) The date(s) analyses were performed; c) The individual(s) who performed the sampling ormeasurement; d) The individual(s) who performed the analyses, ira commercial laboratory is used, the name and address of the laboratory; e) The analytical techniques or methods used, and i) The results of such analyses. Information not required by the DMR form is notto be submitted to this agency, but is to be retained as required

in III.6. 5. Additional Monitoring by Permittee

If the permittee monitors any pollutant at any monitoring point specified in this permit more frequently than required by this permit, using approved test procedures or others as specified inthis permit,the results of this monitoring shall be included in the calculation and reporting of the data submitted inthe Discharge Monitoring Report Form. Such increased frequency shall also be indicated. Calculations for alllimitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified inthe permit. 6. Records Retention

The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original chart recordings for continuous monitoring instrumentation, copies of all reports required bythis permit, and records of alldata used to complete the application forthe permit, for a period of atleast three (3) years from the date of the sample, measurement, report or application. This period may beextended by request of the Director atany time. 7, Definitions



## a) b) c) d) e) f) g) h) i) 

## J) k) i) "Daily discharge" means the discharge era pollutant measured during a calendar day orwithin any specified period that reasonably represents

the calendar day for purposes of sampling. For pollutants with limitations expressed in units ofmass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units ofmeasurement, the daily discharge is calculated as the average measurement of the pollutant over the day. "Average monthly discharge limitation" means the highest allowable average of daily discharges over a calendar month, calculated as the sum ofall daily discharges measured during a calendarmonth divided bythe number of daily discharges measured during that month. "Maximum dally discharge limitation" means the highest allowable daily discharge. "Composite Sample" is a combination of individual samples obtained at regular intervals over a time period. Either the volume of each individual sample is proportional to discharge flow rates or the sampling interval (for constant volume samples) is proportional to the flow rates overthe time period used to produce the composite. The maximum time period between individual samples shall be two hours. "Grab Sample" is an individual sample collected in less than 15 minutes. "is" -- immersion stabilization - acalibrated device is immersed inthe effluent stream untilthe reading is stabilized. The "daily average temperature"means the arithmetic average of temperature measurements made on an hourly basis, or the mean value plot of the record of a continuous automated temperaturerecording instrument, either during a calendar month, or duringthe operating month if flows are of shorte_"duration. The "daily maximum temperature" means the highest arithmetic average of the temperatures observed for any two (2) consecutive hours during a 24 hour day, or during the operating day if flows are of shorter duration. The "monthly average fecal coliform" bacteria is the geometric average of all samples collected during the month. "Measured Flow" means any method of liquid volume measurement, the accuracy of which has been previously demonstrated in engineering practice, or which arelationship to absolute volume has been obtained. "Estimate" means to be based on a technical evaluation of the sources contributing to the discharge including, but not limited to pump capabilities, water meters and batch discharge volumes. "Non-contact cooling water" means the water that is contained in a leak-free system, i.e., no contact with any gas, liquid, or solid other than the container for transport; the water shall have no net poundage addition of any pollutant over intake water levels, exclusive of approved antifouling agents.

## IV. OTHER REPORTING

1. Reporting Spills and Accidental Discharges

Nothing in this permit shall be construed to preclude the institution of any legal action orrelieve the permittee from any responsibilities, liabilities or penalties established pursuant to Title 47, Series 1I, Section 2 nfthe West Virginia Legislative Rules promulgated pursuant to Chapter 22, Article 11, Attached is a copy of the West Virginia Spill Alert System for use in complying with Title 47, Series 11, Section 2 of the Legislative mles as they pertain to the reporting of spills and accidental discharges. 2. Immediate Reporting

a) The permittce shall report any noncompliance which may endanger health or the environment immediately after becoming aware ofthe

circumstances by using theAgency's designated spill alert telephone number. A written submission shall be provided within five (5) days of
• the time the permittee becomes aware of the circumstances. The written submission shall contain a description ofthe noncompliance and its cause; the period of noncompliance, including exact dates and times, and ifthe noncompliance has not been corrected, the anticipated time it is expected to continue; andsteps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance. b) The following shall also be reportedimmediately:

(1) Any unanticipated bypass which exceeds any effluent limitation in the permit; (2) Any upset which exceeds any effluent limitation in the permit; and O) Violation of amaximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported

immediately. This list shall include any toxic pollutant or hazardous substance, or any pollutant specifically identified as the method to control a toxic pollutant or hazardous substance. c) The Director may waive the written report on acase-by-case basis ifthe oral reporthas been received in accordance with the above. d) Compliance with the requirements of IV.2 of this section, shall not relieve a person of compliance with Title 47, Series 11, Section 2. 3. Reporting Requirements

a) Planned changes. The permittce shall give notice to theDirector of any planned physical alterations or additions to the permitted facility which

may affect the nature or quantity of the discharge. Notice is required when: (1) The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in

Section 13.7.b of Series 10, Title 47; or (2) The alteration oraddition could significantly change the nature or increase the quantity of pollutants discharged. This notification

applies to pollutants which are subject neither to effluent limitations inthe permit, nor to notification requirements under IVo2 nfthis section. b) Anticipated noncompliance. The permittee shall give advance notice to the Director ofany planned changes in the permitted facility or activity

which may result in noncompliance with permit requirements. c) In additionto the above reporting requirements, all existing manufacturing, commercial, and silvicultural discharges must notify the Director in writing as soon as they know orhave reason to believe: (1) That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, or any toxic

pollutant which is not limited in the permit, ifthat discharge will exceed the highest of the following "notification levels": (A) One hundred micrograms per liter (I 00 ug/l); (B) Two hundred micrograms per liter (200 ug/l) for aarolein and acrylonitrile; five hundred micrograms per liter (500 ug/l)

for 2,4-dinitro phenol; and for 2-methyl 4,6-dinitrophenol; and one milligram per liter (1 mgil) forantimony; (C) Five (5) times the maximum concentration value reported for that pollutant inthe permit application in accordance with

Section 4.4.b.9 of Series 10, Title 47. (D) The level established by the Director in accordance with Section 6.3.g of Series 10, Title 47; (2) That any activity has occurred orwill occur which would result in any discharge (on a non-routine or infrequent basis) of a toxic

which is not limited inthe permit, if that discharge will exceed the highest of the following "notification levels": (A) Five hundred micrograms per liter (500 ug/I); 03) One milligram per liter (1 me/l) for antimony; (C) Ten (10) times the maximum concentration value reported for that pollutant inthe permit application in accordance with

Section 4.4.b.7 of Series 10, Title 47; (D) The level established by the Director in accordance with Section 6.3.g of Series 10, Title 47. (3) That they have begun orexpect to begin to use or manufacture as an intermediate or final product or by-product of any toxic

pollutant which was notreported inthe permit application under Section 4.4.b.9 of Series 10, Title 47 and which will result in the discharge on a routine orfrequent basis of that toxic pollutant at levels which exceed five times the detection limit for that pollutant under approved analytical procedure. (4) Thatthey have begun or expect to begin to use or manufacture as an intermediate or final product or by-product of any toxic

pollutant which was not reported in the permit application under Section 4.4.b.9 of Series 10, Title 47 and which will result in the discharge on a non-routine or infrequent basis ofthat toxic pollutant at levels which exceed ten times the detection limit forthat pollutant under approved analytical procedure:: ' 4. Other Noncompliance

The permittee shall report all instances ofnoncompliance not reportedunder the above paragraphs at the time monitoring reports are submitted. The reports shall contain the information listed inIV.2.a). Should otherapplicable noncompliance reporting be required, these terms and conditions will be found in Section C of this permit.

### EMERGENCY RESPONSE SPILL ALERT SYSTEM WEST VIRGINIA DEPARTMENT OF ENVIRONMENTAL PROTECTION REQUIREMENTS:



## Title 47, Series 11, Section 2ofthe West Virginia Legislative Rules, Environmental Protection, Water Resources - Waste Management, Effective July 1, 1994. RESPONSIBILITY FOR REPORTING:

Each and every person who may cause or be responsible for any spill oraccidental discharge ofpollntants into the waters of the State shall give immediate notification to the Division of Water and Waste Management's Emergency Notification Number, 1-800-642-3074. Such notification shall set forth insofar as possible and as soon thereafter as practical the time and place of such spill or discharge, type or types and quantity or quantities of the material or materials therein, action or actions taken to stop such spill or discharge and to minimize the polluting effect thereof, the measure or measures taken or to be taken in order to prevent a recurrence of any such spill or discharge and such additional information as may be requested by the Division of Water and Waste Management. This also applies to spills to the waters of the State resulting from accidents to common carriers by highway, rail and water. It shall be the responsibility of each industrial establishment orother entity discharging directly to a stream to have available the following information pertaining to those substances that are employed or handled in its operation in sufficiently large amounts as to constitute a hazard in case of an accidental spill or discharge into a public stream: (1) Potential toxicity in water to man, animals and aquatic life; (2) Details on analytical procedures for the quantitative estimation of such substances in water and (3) Suggestions on safeguards or other precautionary measures to nullify the toxic effects of a substance once it has gotten into a stream.

Failure to furnish such information as required by Section 14, Article 11, Chapter 22, Code ofWest Virginia may be punishable under Section 24, Article 11, Chapter 22, and/or Section 22, Article 11, Chapter 22, Code of West Virginia. It shall be the responsibility of any person who causes orcontributes in any way tothe spill oraccidental discharge of any pollutant or pollutants into State waters to immediately take any and all measures necessary to contain such spill or discharge. It shall further be the responsibility of such person to take any and all measures necessary to clean-up, remove and otherwise render such spill or discharge harmless to the waters of the State.

When the Director determines it necessary for the effective containment and abatement of spills and accidental discharges, the Director may require the person or persons responsible for such spill or discharge to monitor affected waters in a manner prescribed by the Director until the possibility of any adverse effect on the waters of the State no longer exists. VOLUNTARY REPORTING BY LAW OFFICERS, U. S. COAST GUARD, LOCK MASTERS AND OTHERS: In cases involving river and highway accidents where the responsible party may or may not be available to report the incident, law officers, U. S. Coast Guard, Lock Masters and other interested person(s) should make the report. WHO TO CONTACT: Notify the following number: 1-800-642-3074 INFORMATION NEEDED:

- Source of spill or discharge

-Location of incident - Time of incident - Material spilled or discharged

-Amount spilled or discharged - Toxicity of material spilled or discharged - Personnel at the scene

-Actions initiated - Shipper/Manufacturer identification - Railcar/Truck identification number - Container type

# WV/NPDESPermitNo.:WV0004499
NOTICE TO PERMITTEES The 1999 regular session of the West Virginia legislature revised the Water Pollution Control Act, Chapter 22, Article 11, Section 10 of the Code of West Virginia relating to fees associated with permits. This section of the Code requires all holders of a State water pollution control permit or a national pollutant discharge elimination system permit to be assessed an annual permit fee, based upon rules promulgated by the Secretary of the Department of Environmental Protection. The Secretary has promulgated a final rule in accordance with the code revision to this effect and these rules were effective May 4, 2000. The rules establish an annual permit fee based upon the relative potential to degrade the waters of the State which, in most instances, relate to volume of discharge. However, for sewage facilities, the annual permit fee is based upon the number of customers served by the facility. You may contact the Secretary of State's Office, State Capitol Building, Charleston, WV 25305, to obtain a copy of the rules. The reference is Title 47, Legislative Rules, Department of Environmental Protection, Division of Water Resources, Series 26 Water Pollution Control Permit Fee Schedules. Based upon the volume of discharge for which your facility is currently permitted, the number of customers served by your facility or for the category you fall within, pursuant to Section 7 of Title 47, Series 26, your annual permit fee is $5000.00. This fee is due no later than the anniversary date of permit issuance in each year of the term of the permit or in the case of coverage under a general permit, the fee is due no later than the anniversary date of your coverage under the general permit. You will be invoiced by this agency at the appropriate time for the fee. Failure to submit the annual fee within ninety(90)days of the due date will render your permit void upon the date you are mailed a certified written notice to that effect.

# RIGHT OF APPEAL



# Notice is hereby given of your right to appeal the terms and conditions of this permit which you are aggrieved by to the Environmental Quality Board by filing a NOTICE OF APPEAL on the form prescribed by such Board for this purpose, with the Board, in accordance with the provisions of Section 21, Article 11, Chapter 22 of the Code of West Virginia within thirty (30) days after the date of receipt of the above permit.