STATE OF MAINE STATE OF MAINE 

DEPARTMENT OF EPARTMENT OF E NVIRONMENTAL NVIRONMENTAL P ROTECTION ROTECTION 

PAUL R. LEPAGE 

GOVERNOR 

JAMES P. BROOKS

 ACTING COMMISSIONER 

May 25, 2011 

Mr. Jim Charette 

Town of Millinocket 

197 Penobscot Avenue 

Millinocket, Maine 04462 

RE: Maine Pollutant Discharge Elimination System (MEPDES) Permit #ME0100803 

Maine Waste Discharge License (WDL) Application # W-002680-6D-G-R 

Final Permit, Town of Millinocket POTW, Millinocket, Maine 

Dear Jim: 

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

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

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

not receiving adequate treatment is in violation of State Law and is subject to enforcement action. 

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

regulations, may appeal the decision following the procedures described in the attached DEP FACT 

SHEET entitled “Appealing a Commissioner’s Licensing Decision.” 

If you have any questions regarding the matter, please feel free to call me at (207) 215-1579 or contact 

me via email at Robert.D.Stratton@maine.gov. 

Sincerely, 

Robert D. Stratton 

Division of Water Quality Management 

Bureau of Land and Water Quality 

Enc./cc: Stakeholder Service List (att); Lori Mitchell (MEDEP); Sandy Mojica, Alex Rosenberg (USEPA) 

AUGUSTA 

17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE 

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

(207) 624-6550FAX: (207) 624-6024 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 

RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-6477 FAX: (207) 764-1507 

web site: www.maine.gov/dep

STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

17 STATE HOUSE STATION 

AUGUSTA, ME 04333 

IN THE MATTER OF 

TOWN OF MILLINOCKET ) MAINE POLLUTANT DISCHARGE 

MILLINOCKET, PENOBSCOT COUNTY, ME. ) ELIMINATION SYSTEM PERMIT 

PUBLICLY OWNED TREATMENT WORKS ) AND 

#W-002680-6D-G-R ) WASTE DISCHARGE LICENSE 

#ME0100803 APPROVAL ) RENEWAL

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

Section 1251, et seq. and Maine Law, 38 M.R.S.A., Section 414-A et seq., and applicable 

regulations, the Department of Environmental Protection (the Department) has considered the 

application of the TOWN OF MILLINOCKET (hereinafter, Millinocket), with its supportive 

data, agency review comments, and other related materials on file and FINDS THE 

FOLLOWING FACTS: 

APPLICATION SUMMARY

The applicant has applied for renewal of Maine Pollutant Discharge Elimination System 

(MEPES) Permit #ME0100803 / Maine Waste Discharge License (WDL) #W-002680-5L-F-M, 

which was issued on February 11, 2004 for a five-year term. The MEPDES Permit / WDL 

authorized the discharge of up to a monthly average of 2.33 million gallons per day (MGD) of 

secondary treated sanitary wastewater from a municipal wastewater treatment facility to the 

West Branch of the Penobscot River, Class C, in Millinocket, Maine. 

PERMIT SUMMARY 

This permitting action is similar to the February 11, 2004 MEPDES Permit / Maine WDL in that 

it is carrying forward all previous terms and conditions with a few exceptions. This permitting 

action is different in that it is establishing: 

1. A daily maximum flow reporting requirement; 

2. Revised E. coli bacteria seasonal water quality based monthly average concentration 

limits based on changes in Maine law; 

3. Year-round total phosphorus monitoring requirements; 

4. Updated whole effluent toxicity, analytical chemistry, and chemical specific (priority 

pollutant) testing requirements pursuant to Surface Water Toxics Control Program,06-

096 CMR 530 and Surface Water Quality Criteria for Toxic Pollutants 06-096 CMR 

584; 

5. Monthly average and daily maximum water quality based mass and concentration limits 

for total copper; 

6. Minimum monitoring frequency and sample type requirements based on Department 

guidance and best professional judgement; 

7. Updated requirements for transported wastes; and 
MILLINOCKET PERMIT Page 2 of 15 

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8. Requirements for Ambient Water Quality Monitoring. 

CONCLUSIONS 

BASED on the findings in the attached Proposed Draft Fact Sheet dated March 22, 2011, revised 

May 19, 2011, and subject to the Conditions listed below, the Department makes the following 

CONCLUSIONS: 

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

quality of any classified body of water below such classification. 

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

quality of any unclassified body of water below the classification which the Department 

expects to adopt in accordance with state law. 

3. The provisions of the State’s antidegradation policy, 38 MRSA Section 464(4)(F), will be 

met, in that: 

a. Existing in-stream water uses and the level of water quality necessary to protect and 

maintain those existing uses will be maintained and protected; 

b. Where high quality waters of the State constitute an outstanding national resource, that 

water quality will be maintained and protected; 

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

standards of classification of the receiving water body are not met, the discharge will not 

cause or contribute to the failure of the water body to meet the standards of classification; 

d. Where the actual quality of any classified receiving water body exceeds the minimum 

standards of the next highest classification, that higher water quality will be maintained 

and protected; and 

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

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

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

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

practicable treatment. 
MILLINOCKET PERMIT Page 3 of 15 

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ACTION 

THEREFORE, the Department APPROVES the application of the TOWN OF MILLINOCKET, 

to discharge up to a monthly average flow of 2.33 million gallons per day (MGD) of secondary 

treated sanitary wastewaters to the West Branch of the Penobscot River, Class C, in Millinocket, 

Maine, SUBJET TO THE FOLLOWING CONDITIONS, and all applicable standards and 

regulations including: 

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

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

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

requirements. 

3. This permit and the authorization to discharge become effective upon the date of signature 

below and expire at midnight five (5) years from the effective date. If a renewal application 

is timely submitted and accepted as complete for processing prior to the expiration of this 

permit, the authorization to discharge and the terms and conditions of this permit and all 

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

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

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

Administrative Matters, 06-096 CMR 2(21)(A) (effective April 1, 2003)] 

PLEASE NOTE ATTACHED SHEET FOR GUIDANCE ON APPEAL PROCEDURES 

Date of initial receipt of application January 9, 2009 . 

Date of application acceptance January 12, 2009 .

This Order prepared by Robert D. Stratton, BUREAU OF LAND & WATER QUALITY 
MILLINOCKET PERMIT Page 4 of 15 

#ME0100803 #W-002680-6D-G-R SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

1. The permittee is authorized to discharge secondary treated sanitary wastewater from Outfall #001A to the 

River. Such discharges shall be limited and monitored by the permittee as specified below. The italicized numtables below and in the text on subsequent pages are code numbers that Department personnel utilize to code Monitoring Reports (DMRs). Footnotes are found on Pages 6-9. 

Effluent Characteristic Discharge Limitations Mini

Monthly 

Average

as specified 

Weekly 

Average

as specified 

Daily 

Maximum

as specified 

Monthly 

Average

as specified 

Weekly 

Average

as specified 

Daily 

Maximum

as specified 

Me

F

as 

Flow 

[50050] 

2.33 MGD 

[03]

--- Report MGD 

[03]

--- --- --- C

Biochemical Oxygen Demand (BOD5) [00310] 

583 lbs/Day 

[26] 

874 lbs/Day 

[26]

972 lbs/Day 

[26]

30 mg/L 

[19]

45 mg/L 

[19]

50 mg/L 

[19]

2

BOD5 % Removal

[81010]

--- --- --- 85% --- --- 

Total Suspended Solids (TSS) [00530]

583 lbs/Day 

[26] 

874 lbs/Day 

[26]

972 lbs/Day 

[26]

30 mg/L 

[19]

45 mg/L 

[19]

50 mg/L 

[19]

2

TSS % Removal

[81011]

--- --- --- 85% --- --- 

E. coli Bacteria (3) [31633]May 15 – September 30

--- --- --- 126/100 ml(4)

[13] 

--- 949/100 ml 

[13]

2

Total Residual Chlorine(5)

[50060]

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

[19]

Total Phosphorus [00665]June 1 – September 30

report lbs/day 

[26]

--- report lbs/day 

[26]

report mg/L 

[19]

--- report mg/L 

[19

2

Total Phosphorus [00665]October 1 – May 31

report lbs/day 

[26]

--- report lbs/day 

[26]

report mg/L 

[19]

--- report mg/L 

[19

Copper (Total) 

[01042]

0.49 lbs/day 

[26]

--- 

0.58 lbs/day 

[26]

50 ug/L 

[28]

--- 

60 ug/L 

[28]

pH (Std. Units) (6)

[00400] 

--- --- --- --- --- 6.0-9.0 

[12] 

2
MILLINOCKET PERMIT Page 5 of 15 

#ME0100803 #W-002680-6D-G-R SPECIAL CONDITIONS A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

2. Whole Effluent Toxicity, Analytical Chemistry, and Priority Pollutant Testing, Outfall #001A 

SURVEILLANCE LEVEL - Beginning upon issuance of this permit and lasting through 12 months prior to permit e

Effluent Characteristic Discharge Limitations 

Monthly Average Daily Maximum Monthly Average Daily Maximum 

Whole Effluent Toxicity(7)

Acute – ANOEL

Ceriodaphnia dubia (Water flea) [TDA3B] Chronic – CNOELCeriodaphnia dubia (Water flea) [TBP3B] 

--- --- 

--- --- 

--- --- 

Report %[23] 

0.16 %[23] 

SCREENING LEVEL - Beginning 12 months prior to permit expiration and lasting through permit expiration or in t

year, whichever is sooner. 

Effluent Characteristic Discharge Limitations 

Monthly Average Daily Maximum Monthly Average Daily Maximum 

Whole Effluent Toxicity(7)

Acute – ANOEL

Ceriodaphnia dubia (Water flea) [TDA3B] Salvelinus fontinalis (Brook trout) [TDA6F] Chronic – CNOELCeriodaphnia dubia (Water flea) [TBP3B] Salvelinus fontinalis (Brook trout) [TBQ6F] 

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

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

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

Report %[23] Report %[23] 

0.16 %[23] 

Report %[23

Analytical Chemistry(8,9) [51477] --- --- --- Report ug/L[28] Priority Pollutant(9) [50008] --- --- --- Report ug/L[28] 
MILLINOCKET PERMIT Page 6 of 15 

#ME0100803 

#W-002680-6D-G-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS, Footnotes: 

Sampling Locations: 

Influent samples for BOD5 and TSS shall be collected in the wet well of the last pump 

station prior to being conveyed to the treatment facility. 

Effluent samples for all parameters shall be collected after the last treatment process prior to 

discharge to the receiving water, the chlorine contact chamber. Any change in sampling 

location(s) must be reviewed and approved by the Department in writing. Sampling and 

analysis must be conducted in accordance with: a) methods approved by 40 Code of Federal 

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

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

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

by the State of Maine’s Department of Health and Human Services. Samples that are sent to 

a POTW licensed pursuant to Waste discharge licenses, 38 M.R.S.A. § 413 are subject to the 

provisions and restrictions of Maine Comprehensive and Limited Environmental Laboratory 

Certification Rules, 10-144 CMR 263 (last amended February 13, 2000). 

All analytical test results shall be reported to the Department including results which are 

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

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

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

concentration result shall be reported as <Y where Y is the RL achieved by the laboratory for 

each respective parameter. Reporting a value of <Y that is greater than an established RL or 

reporting an estimated value (“J” flagged) is not acceptable and will be rejected by the 

Department. Reporting analytical data and its use in calculations must follow established 

Department guidelines specified in this permit or in available Department guidance 

documents. 

1. Two/week and two/month sampling requirements – There shall be at least one day 

between sampling events when required to sample two times / week and at least 10 days 

between sampling events when required to sample two times/month. 

2. Percent removal – The treatment facility shall maintain a minimum of 85 percent 

removal of both BOD5 and TSS for all flows receiving secondary treatment during all 

months that the facility discharges. If requested to do so, compliance with the limitation 

shall be based on a twelve-month rolling average. Calendar monthly average percent 

removal values shall be calculated based on influent and effluent concentrations. For the 

purposes of this permitting action, the twelve-month rolling average calculation is based 

on the most recent twelve-month period when the influent concentrations are greater than 

or equal to 200 mg/L. The percent removal limit shall be waived when the 12-month 

rolling average influent concentration is less than 200 mg/L. For instances when this 

occurs, the facility shall record a NODI-9 code on the DMR. The permittee is required to 
MILLINOCKET PERMIT Page 7 of 15 

#ME0100803 

#W-002680-6D-G-R 

report the percent removal values on the monthly DMR and on the Department’s “49” 

form. 
MILLINOCKET PERMIT Page 8 of 15 

#ME0100803 

#W-002680-6D-G-R 

SPECIAL CONDITIONS 

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

3. E. coli bacteria limits and monitoring requirements – E. coli bacteria limits and 

monitoring requirements are seasonal and apply between May 15th and September 30th of 

each year. The Department reserves the right to require year round disinfection to protect 

the health, safety, and welfare of the public. 

4. Geometric mean – The monthly average E. coli limitation is a geometric mean and shall 

be calculated and reported as such. 

5. Total residual chlorine (TRC) limits and monitoring requirements – TRC limits and 

monitoring requirements are applicable whenever elemental chlorine or chlorine based 

compounds are being used to disinfect the discharge. 

6. pH - The pH value of the effluent shall not be lower than 6.0 SU nor higher than 9.0 SU 

at any time unless due to natural causes. 

7. Whole Effluent Toxicity (WET) - Definitive WET testing is a multi-concentration 

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

thresholds of 0.72% and 0.16% respectively), which provides a point estimate of toxicity 

in terms of No Observed Effect Level, commonly referred to as NOEL or NOEC. 

A-NOEL is defined as the acute no observed effect level with survival as the end point. 

C-NOEL is defined as the chronic no observed effect level with survival, reproduction 

and growth as the end points. The critical acute and chronic thresholds were derived as 

the mathematic inverse of the applicable acute and chronic dilution factors of 140:1 and 

617:1 respectively. 

a. Surveillance level testing - Beginning upon permit issuance and lasting until 

12 months prior to permit expiration, the permittee shall conduct acute and chronic 

surveillance level WET testing on the water flea (Ceriodaphnia dubia) at a frequency 

of once every year (1/Year). Tests required once/year shall be conducted in different 

calendar quarters in four successive years. It is noted pursuant to 06-096 CMR 530, 

Surface Water Toxics Control Program, surveillance level WET testing for the brook 

trout (Salvelinus fontinalis) is being waived for the first four years of the term of the 

permit. 

b. Screening level testing - Beginning 12 months prior to permit expiration and lasting 

through permit expiration and every five years thereafter, the permittee shall conduct 

screening level WET testing at a minimum frequency of once per year (1/Year) on 

the water flea (Ceriodaphnia dubia) and the brook trout (Salvelinus fontinalis). 
MILLINOCKET PERMIT Page 9 of 15 

#ME0100803 

#W-002680-6D-G-R 

SPECIAL CONDITIONS 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS, Footnotes

(cont'd) 

WET test results must be submitted to the Department not later than the next Discharge 

Monitoring Report (DMR) required by the permit provided, however, that the permittee 

may review the toxicity reports for up to 10 business days of their availability before 

submitting them. The permittee shall evaluate test results being submitted and identify 

to the Department possible exceedences of the critical acute and chronic water quality 

thresholds of 0.72% and 0.16% respectively. Toxicity tests must be conducted by an 

experienced laboratory approved by the Department. The laboratory must follow 

procedures as described in the following U.S.E.P.A. methods manuals. 

a. Short Term Methods for Estimating the Chronic Toxicity of Effluent and Receiving 

Water to Freshwater Organisms, 4th Edition, October 2002, EPA-821-R-02-013. 

b. Methods for Measuring the Acute Toxicity of Effluent and Receiving Waters to 

Freshwater and Marine Organisms, 5th Edition, October 2002, EPA-821-R-02-012. 

The permittee is also required to analyze the effluent for the nine (9) parameters 

specified in the WET chemistry section, and the twelve (12) parameters specified in 

the Analytical Chemistry section, of the form in Attachment B of this permit each 

time a WET test is performed. 

8. Analytical chemistry – Refers to a suite of twelve (12) chemical tests that consist of ammonia 

nitrogen (as N), total aluminum, total arsenic, total cadmium, total chromium, total copper, 

total cyanide, total lead, total nickel, total silver, total zinc and total residual chlorine. 

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

through permit expiration and every five years thereafter, the permittee shall conduct 

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

(1/Quarter) for four consecutive calendar quarters. It is noted pursuant to Department 

rule 06-096 CMR 530, Surface Water Toxics Control Program, surveillance level 

analytical chemistry testing is being waived for the first four years of the term of the 

permit, with the exception of total copper. 

9. Priority pollutant testing – Priority pollutants are those parameters listed by 

Department rule, Effluent Guidelines and Standards, 06-096 CMR 525(4)(IV). 

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

through permit expiration and every five years thereafter, the permittee shall conduct 

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

(1/Year). It is noted 06-096 CMR 530 does not establish routine surveillance level 

Priority Pollutant testing in the first four years of the term of this permit. 

SPECIAL CONDITIONS 
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#ME0100803 

#W-002680-6D-G-R 

A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS, Footnotes

(cont'd) 

Priority pollutant and analytical chemistry testing shall be conducted on samples collected at 

the same time as those collected for whole effluent toxicity tests when applicable. Priority 

pollutant and analytical chemistry testing shall be conducted using methods that permit 

detection of a pollutant at existing levels in the effluent or that achieve minimum reporting 

levels of detection as specified by the Department. See Attachment B of this permit for a list 

of the Department’s reporting levels (RLs) of detection. Test results must be submitted to 

the Department not later than the next DMR required by the permit provided, however, that 

the permittee may review the toxicity reports for up to 10 business days of their availability 

before submitting them. The permittee shall evaluate test results being submitted and 

identify to the Department, possible exceedences of the acute, chronic or human health 

AWQC as established in 06-096 CMR 584. For the purposes of Discharge Monitoring 

Report (DMR) reporting, enter a “1” for yes, testing done this monitoring period or “NODI9” monitoring not required this period. 

B. NARRATIVE EFFLUENT LIMITATIONS 

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

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

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

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

classification of the receiving waters. 

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

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

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

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

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

C. DISINFECTION 

If chlorination is used as a means of disinfection, an approved chlorine contact tank 

providing the proper detention time consistent with good engineering practice must be 

utilized, followed by a dechlorination system if the Total Residual Chlorine (TRC) cannot be 

met by dissipation in the detention tank. The TRC in the effluent shall at no time cause any 

demonstrable harm to aquatic life in the receiving waters. The dose of chlorine applied shall 

be sufficient to leave a TRC concentration that will effectively reduce bacteria to levels 

below those specified in Special Condition A, “Effluent Limitations and Monitoring 

Requirements”, of this permit. 

SPECIAL CONDITIONS 

D. TREATMENT PLANT OPERATOR
MILLINOCKET PERMIT Page 11 of 15 

#ME0100803 

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The person who has the management responsibility over the treatment facility must hold a 

Grade III certificate (or higher) or must be a Maine Registered Professional Engineer 

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

Regulations for Wastewater Operator Certification, 06-096 CMR 531 (effective 

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

by the Department before the permittee may engage the services of the contract operator. 

E. LIMITATIONS FOR INDUSTRIAL USERS 

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

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

F. NOTIFICATION REQUIREMENT 

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

following. 

1. Any introduction of pollutants into the waste water collection and treatment system from 

an indirect discharger in a primary industrial category discharging process wastewater. 

2. Any substantial change in the volume or character of pollutants being introduced into the 

wastewater collection and treatment system. 

3. For the purposes of this section, notice regarding substantial change shall include 

information on: 

(a) the quality and quantity of wastewater introduced to the waste water collection and 

treatment system; and 

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

wastewater to be discharged from the treatment system. 

G. UNAUTHORIZED DISCHARGES 

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

Application for Waste Discharge Permit, accepted for processing on January 12, 2009; 

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

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

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

SPECIAL CONDITIONS 

H. WET WEATHER FLOW MANAGEMENT PLAN 
MILLINOCKET PERMIT Page 12 of 15 

#ME0100803 

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The treatment facility staff shall maintain a current Wet Weather Management Plan to direct 

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

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

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

and rainfall. The plan shall include operating procedures for a range of intensities, address 

solids handling procedures (including septic waste and other high strength wastes if 

applicable) and provide written operating and maintenance procedures to be adhered to 

during the events. 

The permittee shall review their plan annually and record any necessary changes to keep 

the plan up-to-date. 

I. OPERATION & MAINTENANCE (O&M) PLAN 

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

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

properly operate and maintain all facilities and systems of treatment and control (and related 

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

conditions of this permit. 

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

equipment upgrades, the permittee shall evaluate and modify the O&M Plan including site 

plan(s) and schematic(s) for the waste water treatment facility to ensure that it is up-to-date. 

The O&M Plan shall be kept on-site at all times and made available to Department and EPA 

personnel upon request. 

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

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

inspector for review and comment. 

J. DISPOSAL OF TRANSPORTED WASTES 

During the effective period of this permit, the permittee is authorized to receive and 

introduce into the treatment process or solids handling process up to a maximum of 2,000 

gallons 

per day of untreated transported wastes, subject to the following terms and conditions: 
MILLINOCKET PERMIT Page 13 of 15 

#ME0100803 

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SPECIAL CONDITIONS 

J. DISPOSAL OF TRANSPORTED WASTES (cont’d) 

1. “Transported wastes" means any liquid non-hazardous waste delivered to a wastewater 

treatment facility by a truck or other similar conveyance that has different chemical 

constituents or a greater strength than the influent described on the facility’s application 

for a waste discharge license. Such wastes may include, but are not limited to septage, 

industrial wastes or other wastes to which chemicals in quantities potentially harmful to 

the treatment facility or receiving water have been added. 

2. The character and handling of all transported wastes received must be consistent with the 

information and management plans provided in application materials submitted to and 

approved by the Department. 

3. At no time shall the addition of transported wastes cause or contribute to effluent quality 

violations. Transported wastes may not cause an upset of or pass through the treatment 

process or have any adverse impact on the sludge disposal practices of the wastewater 

treatment facility. Wastes that contain heavy metals, toxic chemicals, extreme pH, 

flammable or corrosive materials in concentrations harmful to the treatment operation 

must be refused. Odors and traffic from the handling of transported wastes may not 

result in adverse impacts to the surrounding community. If any adverse effects exist, the 

receipt or introduction of transported wastes into the treatment process or solids handling 

stream shall be suspended until there is no further risk of adverse effects. 

4. The permittee shall maintain records for each load of transported wastes in a daily log 

which shall include at a minimum the following. 

(a) The date; 

(b) The volume of transported wastes received; 

(b) The source of the transported wastes; 

(d) The person transporting the transported wastes; 

(e) The results of inspections or testing conducted; 

(f) The volumes of transported wastes added to each treatment stream; and 

(g) The information in (a) through (d) for any transported wastes refused for acceptance. 

These records shall be maintained at the treatment facility for a minimum of five years. 

5. The addition of transported wastes into the treatment process or solids handling stream 

shall not cause the treatment facility’s design capacity to be exceeded. If, for any reason, 

the treatment process or solids handling facilities become overloaded, introduction of 

transported wastes into the treatment process or solids handling stream shall be reduced 

or terminated in order to eliminate the overload condition. 
MILLINOCKET PERMIT Page 14 of 15 

#ME0100803 

#W-002680-6D-G-R 

SPECIAL CONDITIONS 

J. DISPOSAL OF TRANSPORTED WASTES (cont’d) 

6. Holding tank wastewater from domestic sources to which no chemicals in quantities 

potentially harmful to the treatment process have been added shall not be recorded as 

transported wastes but should be reported in the treatment facility’s influent flow. 

7. During wet weather events, transported wastes may be added to the treatment process or 

solids handling facilities only in accordance with a current Wet Weather Flow 

Management Plan approved by the Department that provides for full treatment of 

transported wastes without adverse impacts. 

8. In consultation with the Department, chemical analysis is required prior to receiving 

transported wastes from new sources that are not of the same nature as wastes previously 

received. The analysis must be specific to the type of source and designed to identify 

concentrations of pollutants that may pass through, upset or otherwise interfere with the 

facility’s operation. 

9. Access to transported waste receiving facilities may be permitted only during the times 

specified in the application materials and under the control and supervision of the person 

responsible for the wastewater treatment facility or his/her designated representative. 

10. The authorization is subject to annual review and, with notice to the permittee and other 

interested parties of record, may be suspended or reduced by the Department as necessary 

to ensure full compliance with Department rule 06-096 CMR 555 (effective 

March 9, 2009) and the terms and conditions of this permit. 

K. MERCURY 

All mercury sampling (4/Year) required by this permit or required to determine compliance 

with interim limitations established pursuant to Department rule 06-096 CMR 519 (last 

amended October 6, 2001), shall be conducted in accordance with EPA’s “clean sampling 

techniques” found in EPA Method 1669, Sampling Ambient Water For Trace Metals At 

EPA Water Quality Criteria Levels. All mercury analyses shall be conducted in accordance 

with EPA Method 1631, Determination of Mercury in Water by Oxidation, Purge and Trap, 

and Cold Vapor Fluorescence Spectrometry. See Attachment C, Effluent Mercury Test 

Report, of this permit for the Department’s form for reporting mercury test results. 

L. AMBIENT WATER QUALITY MONITORING 

Between July 1 and September 30 of each year, the permittee is required to participate in 

the monitoring of ambient water quality on the Penobscot River pursuant to a Department 

prepared monitoring plan. The total cost to the permittee for the monitoring program shall 

not exceed a five-year (term of the permit) cap of $1,000. 
MILLINOCKET PERMIT Page 15 of 15 

#ME0100803 

#W-002680-6D-G-R 

SPECIAL CONDITIONS 

M. CHAPTER 530(2)(D)(4) CERTIFICATION 

On or before December 31 of each year, the permittee shall provide the Department with a 

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

this permit. [PCS code 95799]

1. Increases in the number, types and flows of industrial, commercial or domestic 

discharges to the facility that in the judgment of the Department may cause the receiving 

water to become toxic. 

2. Changes in the condition or operations of the facility that may increase the toxicity of the 

discharge. 

3. Changes in storm water collection or inflow/infiltration affecting the facility that may 

increase the toxicity of the discharge. 

4. Increases in the type or volume of hauled wastes accepted by the facility. 

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

toxicity testing if new information becomes available that indicates the discharge may 

cause or have a reasonable potential to cause exceedences of ambient water quality 

criteria/thresholds. 

N. MONITORING AND REPORTING 

Monitoring results obtained during the previous month shall be summarized for each month 

and reported on separate Discharge Monitoring Report (DMR) forms provided by the 

Department and shall be postmarked on or before the thirteenth (13th) day of the month 

or hand-delivered to a Department Regional Office such that the DMRs are received by 

the Department on or before the fifteenth (15th) day of the month following the 

completed reporting period. A signed copy of the DMR and all other reports required 

herein shall be submitted to the Department assigned compliance inspector (unless otherwise 

specified) at the following address: 

Department of Environmental Protection 

Bureau of Land and Water Quality 

Eastern Maine Regional Office 

106 Hogan Road 

Bangor, Maine 04401
MILLINOCKET PERMIT Page 16 of 15 

#ME0100803 

#W-002680-6D-G-R 

SPECIAL CONDITIONS 

N. MONITORING AND REPORTING (cont’d) 

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

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

later than close of business on the 15th day of the month following the completed 

reporting period. Hard copy documentation submitted in support of the eDMR must be 

postmarked on or before the thirteenth (13th) day of the month or hand-delivered to the 

Department’s Regional Office such that it is received by the Department on or before 

the fifteenth (15th) day of the month following the completed reporting period. Electronic

documentation in support of the eDMR must be submitted not later than close of business 

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

O. REOPENING OF THE PERMIT FOR MODIFICATIONS

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

Conditions of this permitting action, new site specific information, or any other pertinent 

test results or information obtained during the term of this permit, the Department may, at 

any time, and with notice to the permittee, modify this permit to: (1) include effluent limits 

necessary to control specific pollutants or whole effluent toxicity where there is a 

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

require additional effluent or ambient water quality monitoring if results on file are 

inconclusive; or (3) change monitoring requirements or limitations based on new 

information including, but not limited to, new information from ambient water quality 

studies of the receiving waters. 

P. SEVERABILITY 

In the event that any provision, or part thereof, of this permit is declared to be unlawful by a 

reviewing court, the remainder of the permit shall remain in full force and effect, and shall be 

construed and enforced in all aspects as if such unlawful provision, or part thereof, had been 

omitted, unless otherwise ordered by the court. 
ATTACHMENT A 

(Protocol for Total Phosphorus Sample Collection and Analysis) 
Protocol for Total Phosphorus Sample Collection and Analysis for 

Waste Water and Receiving Water Monitoring Required by Permits 

Approved Analytical Methods: EPA 365.1 (Rev. 2.0), 365.3, 365.4; SM 4500-P B.5, 

4500-P E, 4500-P F; ASTM D515-88(A), D515-88(B); USGS I-4600-85, I-4610-91; 

OMAAOAC 973.55, 973.56 

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

conducted on composite effluent samples, unless a facility’s Permit specifically 

designates grab sampling for this parameter. Facilities can use individual collection 

bottles or a single jug made out of glass or polyethylene. Bottles and/or jugs should be 

cleaned prior to each use with dilute HCL. This cleaning should be followed by several 

rinses with distilled water. Commercially purchased, pre-cleaned sample containers are 

an acceptable alternative. The sampler hoses should be cleaned, as needed. 

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

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

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

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

holding time for a preserved sample is 28 days. 

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

is using a commercial laboratory then that laboratory may choose to add acid to the 

sample once it arrives at the laboratory. The Maine DEP will accept results that use 

either of these preservation methods. 

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

are described in each of the approved methods. 

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

sampler, then once per month run a blank on the composite sampler. Automatically, 

draw distilled water into the sample jug using the sample collection line. Let this water 

set in the jug for 24 hours and then analyze for total phosphorus. Preserve this sample 

as described above. 

DEP-LW-0844 Compliance & Technical Assist BLWQ Revision (1) June 2007 

ATTACHMENT B 

(Whole Effluent Toxicity, Analytical Chemistry, and 

Chemical Specific Test Reporting Forms and Reporting 

Limits) 
MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

WHOLE EFFLUENT TOXICITY REPORT

FRESH WATERS

Facility Name MEPDES Permit #

Facility Representative

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

Facility Telephone #

 mm/dd/yy mm/dd/yy

Chlorinated? Dechlorinated?

Results Effluent Limitations

 water flea trout A-NOEL 

A-NOEL C-NOEL 

C-NOEL

Data summary

final weight (mg)

 QC standard C>80 A>90 > 2% increase

 lab control 

 receiving water control

 conc. 1 ( %)

 conc. 2 ( %)

 conc. 3 ( %)

 conc. 4 ( %)

 conc. 5 ( %)

 conc. 6 ( %)

 stat test used

 place * next to values statistically different from controls

for trout show final wt and % incr for both controls

Reference toxicant

C-NOEL C-NOEL

 toxicant / date

 limits (mg/L)

 results (mg/L)

Comments

Laboratory conducting test

Company Name

Mailing Address Company Rep. Signature

City, State, ZIP

Signature

Date Collected Date Tested

% effluent

water flea trout

 % survival no. young % survival

A>90 >15/female C>80

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

water flea trout

 A-NOEL A-NOEL

Company Rep. Name (Printed)

Company Telephone #

DEPLW 0741-B2007, Revised March 2007 Printed 1/22/2009
Printed 1/22/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done by DEP.

Facility Name MEPDES # Facility Representative Signature 

Pipe # To the best of my knowledge this information is true, accurate and complete.

Licensed Flow (MGD) 

Acute dilution factor 

Chronic dilution factor Date Sample Collected Date Sample Analyzed 

Human health dilution factor 

Criteria type: M(arine) or F(resh) Laboratory Telephone 

0 Address 

Lab Contact Lab ID # 

Receiving 

Water or 

Ambient 

Effluent Concentration 

(ug/L or as noted)

WHOLE EFFLUENT TOXICITY

Acute Chronic Acute Chronic

Trout - AcuteTrout - ChronicWater Flea - AcuteWater Flea - Chronic

WET CHEMISTRY

pH (S.U.) (9) (8)Total Organic Carbon (mg/L) (8)Total Solids (mg/L)Total Suspended Solids (mg/L)Alkalinity (mg/L) (8)Specific Conductance (umhos)Total Hardness (mg/L) (8)Total Magnesium (mg/L) (8)Total Calcium (mg/L) (8)

ANALYTICAL CHEMISTRY (3)

Acute(6) Chronic(6) Health(6) Acute Chronic Health

TOTAL RESIDUAL CHLORINE (mg/L) (9) 0.05 NA

AMMONIA NA (8)

M ALUMINUM NA (8)M ARSENIC 5 (8)M CADMIUM 1 (8)M CHROMIUM 10 (8)M COPPER 3 (8)M CYANIDE 5 (8)M LEAD 3 (8)M NICKEL 5 (8)M SILVER 1 (8)M ZINC 5 (8)

Effluent Limits, % Reporting 

Limit Check

WET Result, %

Do not enter % sign

Possible Exceedence (7)

Effluent Limits, ug/L

Reporting Limit

Possible Exceedence (7)

Flow for Day (MGD)(1) Flow Avg. for Month (MGD)(2) 

Also do these tests on the effluent with WET. Testing on the receiving water is optional

ERROR WARNING ! Essential facility 

information is missing. Please check 

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

FRESH WATER VERSION

Reporting 

Limit Check

Revised March 2007 Page 1 DEPLW 0740-B2007
Printed 1/22/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done by DEP.

PRIORITY POLLUTANTS (4)

Reporting Limit Acute(6) Chronic(6) Health(6) Acute Chronic Health

M ANTIMONY 5M BERYLLIUM 2

M MERCURY (5) 0.2M SELENIUM 5

M THALLIUM 4

A 2,4,6-TRICHLOROPHENOL 3

A 2,4-DICHLOROPHENOL 5

A 2,4-DIMETHYLPHENOL 5

A 2,4-DINITROPHENOL 45

A 2-CHLOROPHENOL 5

A 2-NITROPHENOL 5

A

4,6 DINITRO-O-CRESOL (2-Methyl-4,6-dinitrophenol) 25

A 4-NITROPHENOL 20

A

P-CHLORO-M-CRESOL (3-methyl-4-chlorophenol)+B80 5

A PENTACHLOROPHENOL 20

A PHENOL 5

BN 1,2,4-TRICHLOROBENZENE 5

BN 1,2-(O)DICHLOROBENZENE 5

BN 1,2-DIPHENYLHYDRAZINE 10

BN 1,3-(M)DICHLOROBENZENE 5

BN 1,4-(P)DICHLOROBENZENE 5

BN 2,4-DINITROTOLUENE 6

BN 2,6-DINITROTOLUENE 5

BN 2-CHLORONAPHTHALENE 5

BN 3,3'-DICHLOROBENZIDINE 16.5

BN 3,4-BENZO(B)FLUORANTHENE 5

BN 4-BROMOPHENYLPHENYL ETHER 2

BN 4-CHLOROPHENYL PHENYL ETHER 5

BN ACENAPHTHENE 5

BN ACENAPHTHYLENE 5

BN ANTHRACENE 5

BN BENZIDINE 45

BN BENZO(A)ANTHRACENE 8

BN BENZO(A)PYRENE 3

BN BENZO(G,H,I)PERYLENE 5

BN BENZO(K)FLUORANTHENE 3

BN BIS(2-CHLOROETHOXY)METHANE 5

BN BIS(2-CHLOROETHYL)ETHER 6

BN BIS(2-CHLOROISOPROPYL)ETHER 6

BN BIS(2-ETHYLHEXYL)PHTHALATE 3

BN BUTYLBENZYL PHTHALATE 5

BN CHRYSENE 3

BN DI-N-BUTYL PHTHALATE 5

BN DI-N-OCTYL PHTHALATE 5

BN DIBENZO(A,H)ANTHRACENE 5

BN DIETHYL PHTHALATE 5

BN DIMETHYL PHTHALATE 5

Effluent Limits

Reporting 

Limit Check

Possible Exceedence (7)

Revised March 2007 Page 2 DEPLW 0740-B2007
Printed 1/22/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done by DEP.

BN FLUORANTHENE 5

BN FLUORENE 5

BN HEXACHLOROBENZENE 2

BN HEXACHLOROBUTADIENE 1

BN HEXACHLOROCYCLOPENTADIENE 10

BN HEXACHLOROETHANE 2

BN INDENO(1,2,3-CD)PYRENE 5

BN ISOPHORONE 5

BN N-NITROSODI-N-PROPYLAMINE 10

BN N-NITROSODIMETHYLAMINE 1

BN N-NITROSODIPHENYLAMINE 5

BN NAPHTHALENE 5

BN NITROBENZENE 5

BN PHENANTHRENE 5

BN PYRENE 5

P 4,4'-DDD 0.05

P 4,4'-DDE 0.05

P 4,4'-DDT 0.05

P A-BHC 0.2

P A-ENDOSULFAN 0.05

P ALDRIN 0.15

P B-BHC 0.05

P B-ENDOSULFAN 0.05

P CHLORDANE 0.1

P D-BHC 0.05

P DIELDRIN 0.05

P ENDOSULFAN SULFATE 0.1

P ENDRIN 0.05

P ENDRIN ALDEHYDE 0.05

P G-BHC 0.15

P HEPTACHLOR 0.15

P HEPTACHLOR EPOXIDE 0.1

P PCB-1016 0.3

P PCB-1221 0.3

P PCB-1232 0.3

P PCB-1242 0.3

P PCB-1248 0.3

P PCB-1254 0.3

P PCB-1260 0.2

P TOXAPHENE 1

V 1,1,1-TRICHLOROETHANE 5

V 1,1,2,2-TETRACHLOROETHANE 7

V 1,1,2-TRICHLOROETHANE 5

V 1,1-DICHLOROETHANE 5

V

1,1-DICHLOROETHYLENE (1,1-dichloroethene) 3

V 1,2-DICHLOROETHANE 3

V 1,2-DICHLOROPROPANE 6

V

1,2-TRANS-DICHLOROETHYLENE (1,2-trans-dichloroethene) 5

V

1,3-DICHLOROPROPYLENE (1,3-dichloropropene) 5

V 2-CHLOROETHYLVINYL ETHER 20

Revised March 2007 Page 3 DEPLW 0740-B2007
Printed 1/22/2009 Maine Department of Environmental Protection

 WET and Chemical Specific Data Report Form

This form is for reporting laboratory data and facility information. Official compliance reviews will be done by DEP.

V ACROLEIN NA

V ACRYLONITRILE NA

V BENZENE 5

V BROMOFORM 5

V CARBON TETRACHLORIDE 5

V CHLOROBENZENE 6

V CHLORODIBROMOMETHANE 3

V CHLOROETHANE 5

V CHLOROFORM 5

V DICHLOROBROMOMETHANE 3

V ETHYLBENZENE 10

V METHYL BROMIDE (Bromomethane) 5

V METHYL CHLORIDE (Chloromethane) 5

V METHYLENE CHLORIDE 5

V

TETRACHLOROETHYLENE (Perchloroethylene or Tetrachloroethene) 5

V TOLUENE 5

V TRICHLOROETHYLENE (Trichloroethene) 3

V VINYL CHLORIDE 5Notes: 

(1) Flow average for day pertains to WET/PP composite sample day.(2) Flow average for month is for month in which WET/PP sample was taken. (3) Analytical chemistry parameters must be done as part of the WET test chemistry.(4) Priority Pollutants should be reported in micrograms per liter (ug/L).(5) Mercury is often reported in nanograms per liter (ng/L) by the contract laboratory, so be sure to convert to micrograms per liter on this spreadsheet.(6) Effluent Limits are calculated based on dilution factor, background allocation (10%) and water quality reserves (15% - to allow for new or changed discharges or non-point sources). (7) Possible Exceedence determinations are done for a single sample only on a mass basis using the actual pounds discharged. This analysis does not consider watershed wide allocations for fresh water discharges.(8) These tests are optional for the receiving water. However, where possible samples of the receiving water should be preserved and saved for the duration of the WET test. In the event of questions about the receiving water's possible effect on the WET results, chemistry tests should then be conducted.(9) pH and Total Residual Chlorine must be conducted at the time of sample collection. Tests for Total Residual Chlorine need be conducted only when an effluent has been chlorinated or residual chlorine is believed to be present for any other reason.Comments:

Revised March 2007 Page 4 DEPLW 0740-B2007
ATTACHMENT C 

(Mercury Testing Reporting Form) 
Maine Department of Environmental Protection

Effluent Mercury Test Report

Name of Facility:

Purpose of this test: Initial limit determination

calendar quarter

Supplemental or extra test

Sampling Date: Sampling time: AM/PM

mm dd yy

Sampling Location:

Weather Conditions:

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

Composite

Name of Laboratory:

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

Effluent Limits: Average = ng/L ng/L

By: Date:

Title:

PLEASE MAIL THIS FORM TO YOUR ASSIGNED INSPECTOR

Please Enter Effluent Limits for your facility

ANALYTICAL RESULT FOR EFFLUENT MERCURY

Maximum = 

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

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

CERTIFICATION

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

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

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

instructions from the DEP.

Federal Permit # ME

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

evaluation of mercury results:

Compliance monitoring for: year

SAMPLE COLLECTION INFORMATION

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

time of sample collection:

DEPLW 0112-B2007 Printed 1/22/2009
MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

AND 

MAINE WASTE DISCHARGE LICENSE 

FACT SHEET

Date: March 22, 2011 

Revised: May 19, 2011 

PERMIT NUMBER: #ME0100803

LICENSE NUMBER: #W-002680-6D-G-R

NAME AND ADDRESS OF APPLICANT: 

Town of Millinocket 

197 Penobscot Avenue 

Millinocket, Maine 04462

COUNTY: Penobscot County

NAME AND ADDRESS WHERE DISCHARGE OCCURS: 

Millinocket Wastewater Treatment Facility 

36 Lagoon Road 

Millinocket, Maine 04462

RECEIVING WATER/CLASSIFICATION: West Branch of the Penobscot River/Class C

COGNIZANT OFFICIAL AND TELEPHONE NUMBER: Mr. James Charette

 (207) 723-7040 

wastewater@millinocket.org 

1. APPLICATION SUMMARY

a. Application: The applicant has applied for renewal of Maine Pollutant Discharge 

Elimination System (MEPES) Permit #ME0100803 / Maine Waste Discharge License 

(WDL) #W-002680-5L-F-M, which was issued on February 11, 2004 for a five-year 

term. The MEPDES Permit / WDL authorized the discharge of up to a monthly average 

of 2.33 million gallons per day (MGD) of secondary treated sanitary wastewater from a 

municipal wastewater treatment facility to the West Branch of the Penobscot River, 

Class C, in Millinocket, Maine. 

2. PERMIT SUMMARY
MILLINOCKET FACT SHEET Page 2 of 23 

#ME0100803 

#W-002680-6D-G-R 

a. Regulatory: On January 12, 2001, the Department received authorization from the U.S. 

Environmental Protection Agency (USEPA) to administer the National Pollutant 

Discharge Elimination System (NPDES) permit program in Maine, excluding areas of 

special interest to Maine Indian Tribes. On October 30, 2003, after consultation with the 

U.S. Department of Justice, USEPA extended Maine’s NPDES program delegation to all 

but tribally owned discharges. That decision was subsequently appealed. On 

August 8, 2007, a panel of the U.S. First Circuit Court of Appeals ruled that Maine’s 

environmental regulatory jurisdiction applies uniformly throughout the State. From 

January 12, 2001 forward, the program has been referred to as the MEPDES program and 

permit #ME0100803 (same as NPDES permit number) utilized as the primary reference 

number for Millinocket. 

b. Terms and Conditions: This permitting action is similar to the February 11, 2004 

MEPDES Permit / Maine WDL in that it is carrying forward all previous terms and 

conditions with a few exceptions. This permitting action is different in that it is 

establishing: 

1. A daily maximum flow reporting requirement; 

2. Revised E. coli bacteria seasonal water quality based monthly average concentration 

limits based on changes in Maine law; 

3. Year-round total phosphorus monitoring requirements; 

4. Updated whole effluent toxicity, analytical chemistry, and chemical specific (priority 

pollutant) testing requirements pursuant to Surface Water Toxics Control 

Program,06-096 CMR 530 and Surface Water Quality Criteria for Toxic Pollutants 

06-096 CMR 584; 

5. Monthly average and daily maximum water quality based mass and concentration 

limits for total copper; 

6. Minimum monitoring frequency and sample type requirements based on Department 

guidance and best professional judgement; 

7. Updated requirements for transported wastes; and 

8. Requirements for Ambient Water Quality Monitoring. 

c. History – The most recent relevant regulatory actions include the following: 

 June 26, 1992 - The USEPA issued NPDES permit #ME0100803 to the town of 

Millinocket for a five-year term. This constituted the last USEPA permitting action for 

the facility. 

 April 30, 1997 - The Department issued WDL #W-002680-46-D-R for a five-year term. 
MILLINOCKET FACT SHEET Page 3 of 23 

#ME0100803 

#W-002680-6D-G-R 

2. PERMIT SUMMARY (cont’d)

May 25, 2000 – The Department administratively modified WDL #W-002680-46-D-R by 

establishing interim monthly average and daily maximum concentration limits for the 

discharge of mercury. 

May 6, 2003 – The Department issued WDL #W-002680-5L-E-R for a five-year term. 

February 11, 2004 – The Department issued WDL #W-002680-5L-F-M / MEPDES 

Permit #ME0100803 to the town of Millinocket for the discharge of up to a monthly 

average of 2.33 MGD of secondary treated sanitary wastewater to the West Branch of the 

Penobscot River. The Permit/WDL incorporated the terms and conditions of the 

MEPDES permit program and was issued for a five-year term. 

January 9, 2009 – The town of Millinocket submitted a timely application for renewal of 

its WDL / MEPDES Permit. The application was assigned WDL #W-002680-5L-G-R / 

MEPDES Permit #ME0100803. 

March 3, 2009 – The Department issued a Preliminary Draft MEPDES Permit / Maine 

WDL for renewal of Millinocket’s wastewater discharge to the West Branch of the 

Penobscot River 

March 17, 2009 – The Department issued a working Proposed Draft MEPDES Permit / 

Maine WDL for renewal of Millinocket’s wastewater discharge to the West Branch of the 

Penobscot River. A formal Proposed Draft was not issued, as all permitting actions on 

the Penobscot River were placed on hold pending completion of modeling of water 

quality impacts and necessary nutrient limits for the Penobscot River. 

d. Source Description: The wastewater treatment facility receives sanitary wastewater 

flows from a population of approximately 5,200 residential and commercial users within 

the Town of Millinocket. The wastewater treatment facility is currently permitted to 

accept up to 2,000 gpd of septage. Septage is received at the main pump station, located 

1.3 miles from the treatment facility. The town has an up-to-date septage management 

plan for the facility as required by Department rule 06-096 CMR 555, that has been 

reviewed and approved by the Department. 

The town owns and maintains a sewer collection system that is approximately 36 miles 

in length and is 100% separated. The collection system has five (5) pump stations (one 

dedicated to a public school), all with emergency power provisions and audio/visual 

alarm systems. 
MILLINOCKET FACT SHEET Page 4 of 23 

#ME0100803 

#W-002680-6D-G-R 

2. PERMIT SUMMARY (cont’d)

e. Wastewater Treatment: The wastewater treatment facility provides for a secondary level 

of treatment via three aerated facultative lagoons each with fine bubble diffused aeration 

(Pond #2 upgraded in 1999 and Pond #1 upgraded in 2001) that can be operated in series 

or parallel. The three lagoons have a total surface area of 13.1 acres, a total volume of 

33.2 million gallons and provides for a detention time of up to 28 days. The effluent from 

the final lagoon is disinfected by sodium hypochlorite and discharged to the West Branch 

of the Penobscot River via a reinforced concrete pipe measuring 36-inches in diameter 

that outlets on the north bank of the river, five feet from shore in a depth of one foot at 

mean low water. Treatment plant sludge disposal or use is appropriately handled 

pursuant to a separate MEDEP Solid Waste Utilization Permit and a permitted sludge 

land application site. During the next scheduled sludge removal, Millinocket plans to 

replace the existing aeration lines in Pond #3 to provide better mixing and oxygen 

transfer. See Attachment B of this Fact Sheet for a schematic of the wastewater treatment 

facility. 

3. CONDITIONS OF PERMITS

Maine law, 38 M.R.S.A. Section 414-A, requires that the effluent limitations prescribed for 

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

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

receiving waters attain the State water quality standards as described in Maine's Surface 

Water Classification System. In addition, 38 M.R.S.A., Section 420 and Department rule 06-

096 CMR Chapter 530, Surface Water Toxics Control Program, require the regulation of 

toxic substances not to exceed levels set forth in Department rule 06-096 CMR Chapter 584, 

Surface Water Quality Criteria for Toxic Pollutants, and that ensure safe levels for the 

discharge of toxic pollutants such that existing and designated uses of surface waters are 

maintained and protected. 

4. RECEIVING WATER STANDARDS 

Maine law, 38 M.R.S.A., Section 467(7)(C)(1)(f) indicates that the West Branch of the 

Penobscot River at the point of discharge is classified as a Class C waterway. Maine law, 

38 M.R.S.A., Section 465(4) describes standards for classification of Class C waters. 
MILLINOCKET FACT SHEET Page 5 of 23 

#ME0100803 

#W-002680-6D-G-R 

5. RECEIVING WATER CONDITIONS 

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

(DEPLW1187), prepared pursuant to Sections 303(d) and 305(b) of the Federal Water 

Pollution Control Act contains lists of waters in Maine that are attaining water quality 

standards as well as those that are impaired. The report includes the receiving water in the 

designation West Branch Penobscot R, main stem below confluence with Millinocket Str 

(Assessment Unit ID ME0102000109_205R01) listed in Category 4-B: Rivers and Streams 

Impaired by Pollutants – Pollution Control Requirements Reasonably Expected to Result in 

Attainment. The listing pertains to a 4.25-mile segment of Class C water and contains two 

entries. The causes of impairment are identified as Nutrient/Eutrophication Biological 

Indicators and Dissolved oxygen, both with the comment, Consent agreement signed by BEP 

1/17/08 /to reduce phosphorus loading from upstream mills, and an expected date of 

attainment of 2012. 

The Penobscot River is Class C from the outlet of Ferguson Pond (on the West Branch) to 

the confluence of the Mattawamkeag River (on the main stem). Class C dissolved oxygen 

criteria include an instantaneous minimum of 5 mg/l or 60% saturation (whichever is higher) 

and a monthly average of 6.5 mg/l. This stretch of river is presently considered to be in 

attainment for DO, but is frequently below the 7 mg/l instantaneous minimum for the next 

highest standard (Class B) as it is particularly sensitive to algae (phytoplankton) blooms. 

Three algal blooms have been documented since 2000 (2001, 2004 and 2007). Algae blooms 

are a definitive biological indicator of nutrient enrichment. The nutrient loadings and 

respective algae blooms that originate in this Class C section of river are a significant 

contributor to the measured dissolved oxygen non-attainment in downstream reaches of the 

river. 

Phytoplankton (floating algae) blooms originate in the Dolby impoundment and continue 

downstream. A 13-mile stretch of river from Dolby Pond (in Millinocket) to the Mattaseunk 

impoundment (in Weldon) is particularly susceptible to phytoplankton blooms due to a series 

of four dams where hydraulic conditions of more laminar flow and extended hydraulic 

residence times are conducive to phytoplankton growth. The phytoplankton that are 

propagated in this upper portion of the river have difficulty surviving in a 27-mile stretch of 

more turbulent and free-flowing river below Mattaseunk. The phytoplankton die off below 

Mattaseunk imposes a significant pollutant loading (BOD) to the river as living water 

column biomass is converted to degrading organic matter. A further complicating aspect of 

algal die off is the uncertain dissolved oxygen kinetics associated with stressed algae; 

specific respiration and production rates may not be consistent with conventional literature 

rates and the spatial relevance relating to how fast this conversion occurs is unknown. 

Dolby Pond is the most critical element in the river system with regard to the phytoplankton 

related response. Phytoplankton growth is initiated in Dolby Pond but responses associated 

with non-riverine hydraulics and other atmospheric influences appear to be significant 

drivers in phytoplankton growth. Industrial dischargers have typically represented 
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approximately 85 – 90 percent of the observed point source phosphorus loads to the river 

(based on 1997, 2001 

5. RECEIVING WATER CONDITIONS (cont’d) 

and 2007 water quality surveys). The limits suggested in the Departments phosphorus waste 

load allocation results in an approximate 50-50 percent allocation of phosphorus between 

industrial and municipal point source discharges. 

The primary objective of the phosphorus waste load allocation is to prevent in-stream total 

phosphorus (TP) from exceeding concentration thresholds that would result in nonattainment of the water quality standards for each class of water. The results presented in the 

Department’s waste load allocation report entitled, Penobscot River Phosphorus Waste Load 

Allocation, May 2011, were derived from a conservative mass balance based analysis of all 

point sources and non-point sources at 7Q10 river flow conditions. The Department has 

developed draft nutrient criteria for rivers and streams, which recommend thresholds of 

33 ug/l and 30 ug/l TP for Class C and Class B streams respectively. These concentrations 

were used as the basis for the derived waste load allocation Additionally, the waste load 

allocation assumes that TP is a conservative pollutant, in the same manner that the 

Department evaluates toxics. The Department recognizes that there are periods of time 

where uptake/loss of phosphorus may occur, but significant losses are not predicted under 

steady state modeling of non-enriched conditions. 

Effluent limitations and monitoring requirements are integral components of the 

Department’s Adaptive Management approach to addressing non-attainment of water quality 

standards on the Penobscot River. The Department’s phosphorus waste load allocation 

recommends year round monthly average TP mass limits for the Katahdin West operation 

and seasonal (June 1 – September 30) limits for the three remaining mills. The two Katahdin 

mills limits will be based on the full permitted flow and a concentration of 100 ug/l and the 

Lincoln Paper & Tissue mill and the Red Shield mill in Old Town will be based on the full 

permitted flow and a concentration of 500 ug/L. The limits for the Katahdin mills are more 

stringent than the other mills as they are located in the stretch of river that is particularly 

prone to algae (phytoplankton) blooms and the biological response to enrichment in Dolby 

Pond and the Mattaseunk impoundment is more similar to a lake-like system. Lakes have a 

significantly lower threshold response to phosphorus. For the non-summer season (October 1 

– May 31), the Katahdin East mill will not be subject to a limitation for TP but will be 

required to monitor TP on a 1/Month basis to track annual loadings of phosphorus to Dolby 

Pond. Additionally, the Town of Millinocket’s wastewater treatment facility (upstream from 

Dolby Pond) will be required to monitor for total phosphorus 2/Month during the period of 

June 1 – September 30 of each year and 1/Month during the non-summer season (October 1 

– May 31). 

Effluent and ambient water quality monitoring are integral components of an Adaptive 

Management approach to addressing non-attainment of water quality standards. The 

Department is requiring ambient monitoring of the river pursuant to Special Condition L, 
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Ambient Water Quality Monitoring, of this permit during periods of low flow. Periods of 

low flow will be considered to be times when the West Enfield Gage registers a flow less 

5. RECEIVING WATER CONDITIONS (cont’d) 

than 4,400 cfs. Additionally, the Department is requiring that a network of remote multiprobe sensors be deployed in the river during summer months to more accurately assess the 

true diurnal dissolved oxygen response to the phosphorus waste load allocation. The location 

of deployment for the remote sensors is intended to be somewhat flexible such that they can 

be moved around in a systematic approach to improve our understanding of the specific river 

response. 

The Department is pursuing the waste load allocation because it is reasonably expected to 

address the dissolved oxygen non-attainment presently being experienced on the Penobscot 

River. The Department has a high level of confidence that implementation of a phosphorus 

waste load allocation will dramatically curtail phytoplankton growth, to the point where it 

will be a negligible influence on dissolved oxygen. Should future ambient water quality 

monitoring indicate water quality standards are not being achieved and the permittee is 

causing or contributing to the non-attainment, this permit may be reopened pursuant to 

Special Condition O, Reopening of Permit For Modifications, to establish additional 

limitations and or monitoring requirements to achieve applicable water quality standards. 

All Maine freshwaters are listed in Category 4A, Rivers and Streams with Impaired Use, 

TMDL Completed, Waters Impaired by Atmospheric Deposition of Mercury, based on 

USEPA approval of a Regional Mercury Total Maximum Daily Load (TMDL) assessment. 

This listing contains the following comment: “Impairment caused by atmospheric deposition 

of mercury; a regional scale TMDL has been approved. Maine has a fish consumption 

advisory for fish taken from all freshwaters due to mercury. Many waters, and many fish 

from any given water, do not exceed the action level for mercury. However, because it is 

impossible for someone consuming a fish to know whether the mercury level exceeds the 

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

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

instituted statewide programs for removal and reduction of mercury sources.” 

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

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

established by the Department pursuant to section 413, subsection 11. On May 25, 2000, 

interim mercury limits were established consisting of 12.4 parts per trillion (ppt)(average) 

and 18.6 ppt (maximum), which remain in effect. A review of Discharge Monitoring Report 

(DMR) data on file indicates that the permittee has been in compliance with its interim 

mercury limits. 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 

a. Flow: The monthly average flow limitation of 2.33 MGD in the previous permitting 

action is being carried forward in this permitting action and is representative of the 

monthly average design flow for the wastewater treatment facility. This permitting 

action establishes a daily maximum flow reporting requirement, common to other facility 

permits and based upon Department best professional judgement (BPJ). Minimum 

monitoring frequency requirements are being carried forward from the previous 

permitting action. A review of the DMR data for the Millinocket facility for the period 

of June 2003 through November 2008 indicates the following. 

EFFLUENT FLOW 

Value Limit Minimum Maximum Average # Values 

Monthly Avg. 2.33 MGD 0.66 MGD 3.04 MGD 1.34 MGD 65 

b. Dilution Factors – The Department has made the determination that the dilution factors 

associated with the discharge shall be calculated in accordance with freshwater protocols 

established in 06-096 CMR 530, Surface Water Toxics Control Program, October 2005. 

With a permit flow limit of 2.33 MGD and the 7Q10 and 1Q10 low flow values for the 

West Branch of the Penobscot River, the dilution factors are calculated as follows: 

Modified Acute = 500 cfs  (500 cfs)(0.6464) + (2.33 MGD) = 140:1 

 (2.33 MGD) 

Acute: 1Q10 = 2,000 cfs  (2,000 cfs)(0.6464) + (2.33 MGD) = 556:1 

 (2.33 MGD) 

Chronic: 7Q10 = 2,219cfs  (2,219 cfs)(0.6464) + (2.33 MGD) = 617:1 

 (2.33 MGD) 

Harmonic Mean: = 2,364 cfs  (2,364 cfs)(0.6464) + (2.33 MGD) = 657:1 

 (2.33 MGD) 

06-096 CMR 530(4)(B)(1) states that analyses using numeric acute criteria for aquatic 

life must be based on 1⁄4 of the 1Q10 stream design flow to prevent substantial acute 

toxicity within any mixing zone. The regulation goes on to say that where it can be 

demonstrated that a discharge achieves rapid and complete mixing with the receiving 

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

greater proportion of the stream design, up to including all of it. The Department’s 

records indicate that the likelihood of rapid and complete mixing of effluent with the 

receiving water has not been determined for the Millinocket discharge. Therefore, the 

Department is utilizing the default stream flow of 1⁄4 of the 1Q10 pursuant to 06-096 

CMR 530 in acute evaluations. 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d)

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

permitting action carried forward monthly and weekly average BOD5 and TSS best 

practicable treatment (BPT) based concentration limits of 30 mg/L and 45 mg/L 

respectively, that are based on secondary treatment requirements in 06-096 CMR 

525(3)(III). The daily maximum BOD5 and TSS concentration limits of 50 mg/L were 

based on a Department BPJ of BPT. All three concentration limits are being carried 

forward in this permitting action, common to all permits for publicly owned treatment 

works permitted by the Department. 

The monthly average and weekly average technology based mass limits were based on 

the monthly average discharge flow limit of 2.33 MGD and the applicable concentration 

limits. The daily maximum mass limits for BOD5 and TSS were based on Department 

BPJ of BPT and the same methodology. All three mass limits are being carried forward 

in this permitting action and are calculated as follows. 

Monthly average: (2.33 MGD)(8.34)(30 mg/L) = 583 lbs/day 

Weekly average: (2.33 MGD)(8.34)(45 mg/L) = 874 lbs/day 

Weekly average: (2.33 MGD)(8.34)(50 mg/L) = 972 lbs/day 

The previous permitting action carried forward a requirement of 85% removal for BOD5

and TSS, which is being carried forward in this permitting action pursuant to Department 

rule Chapter 525(3)(III)(a&b)(3). If required to do so, compliance with the percent 

removal rate will be based on a twelve-month rolling average as described in Permit 

Special Condition A, footnote 1. Minimum monitoring frequency requirements are being 

carried forward from the previous permitting action. A review of the DMR data for the 

Millinocket facility for the period of June 2003 through November 2008 indicates the 

following. 

BOD MASS 

Value Limit Minimum Maximum Average # Values 

Monthly Avg. 583 lbs/day 23 lbs/day 225 lbs/day 84 lbs/day 65 

Weekly Avg. 874 lbs/day 26 lbs/day 408 lbs/day 120 lbs/day 65 

Daily Max. 972 lbs/day 30 lbs/day 454 lbs/day 141 lbs/day 65 

BOD CONCENTRATION 

Value Limit Minimum Maximum Average # Values 

Monthly Avg. 30 mg/L 3 mg/L 17 mg/L 7.9 mg/L 65 

Weekly Avg. 45 mg/L 4 mg/L 22 mg/L 9.8 mg/L 65 

Daily Max. 50 mg/L 4 mg/L 25 mg/L 10.3 mg/L 65 

BOD PERCENT REMOVAL 

Value Limit Minimum Maximum Average # Values 

Monthly Avg. 85 % 95 % 98 % 97 % 52 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

TSS MASS 

Value Limit Minimum Maximum Average # Values 

Monthly Avg. 583 lbs/day 2 lbs/day 291lbs/day 66 lbs/day 65 

Weekly Avg. 874 lbs/day 11 lbs/day 532 lbs/day 50 lbs/day 65 

Daily Max. 972 lbs/day 5 lbs/day 625 lbs/day 129 lbs/day 65 

TSS CONCENTRATION 

Value Limit Minimum Maximum Average # Values 

Monthly Avg. 30 mg/L 2 mg/L 14 mg/L 5.9 mg/L 65 

Weekly Avg. 45 mg/L 2 mg/L 25 mg/L 8.1 mg/L 65 

Daily Max. 50 mg/L 2 mg/L 25 mg/L 9.0 mg/L 65 

TSS PERCENT REMOVAL 

Value Limit Minimum Maximum Average # Values 

Monthly Avg. 85 % 95 % 99 % 97 % 53 

d. E. coli bacteria – The previous permitting action carried forward seasonal monthly 

average and daily maximum E. coli bacteria limits of 142 colonies/100 ml and 949 

colonies/100 ml respectively, based on the State of Maine Water Classification Program 

criteria for Class C waters in place at the time. Subsequent to the February 2004 

permitting action, 38 M.R.S.A. §465(4) was amended to require that the E. coli bacteria 

of human and domestic animal origin in Class C waters may not exceed a geometric 

mean (monthly average) of 126 colonies/100 ml or an instantaneous level (daily 

maximum) of 236 colonies/100 ml. Therefore, this permitting action is revising the 

monthly average (geometric mean) limitation for E. coli bacteria from 142 colonies/100 

ml to 126 colonies/100 ml. The Department has determined that end-of-pipe limitations 

for the instantaneous concentration standard of 236 colonies/100 ml will be achieved 

through available dilution of the effluent with the receiving waters and need not be 

revised in MEPDES permits for facilities with adequate dilution, such as that for 

Millinocket. E. coli bacteria limits and monitoring requirements are seasonal and apply 

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

require disinfection on a year-round basis to protect the health and welfare of the public. 

Minimum monitoring frequency requirements are being carried forward from the 

previous permitting action. A review of the DMR data for the Millinocket facility for the 

period of June 2003 through November 2008 indicates the following. 

E. COLI BACTERIA 

Value Limit Minimum Maximum Average # Values 

Monthly Avg. 142/100 ml 1/100 ml 18/100 ml 4.4/100 ml 29 

Daily Max. 949/100 ml 1/100 ml 246/100 ml 37/100 ml 29 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

e. Total Residual Chlorine (TRC) - The previous permitting action carried forward a daily 

maximum BPT based concentration limit of 1.0 mg/L for TRC. Limits on TRC are 

specified to ensure that ambient water quality standards are maintained and that BPT 

technology is being applied to the discharge. Permits issued by the Department impose 

the more stringent of the calculated water quality based or BPT based limits. End-ofpipe water quality based concentration thresholds may be calculated as follows: 

 

Criterion (mg/L) Dilution Factors Calculated Limit (mg/L) 

Acute Chronic Acute Chronic Acute Chronic 

0.019 0.011 140:1 617:1 2.7 6.8 

Example calculation, Acute: 0.019 mg/L (140) = 2.7 mg/L 

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

facilities that disinfect their effluent with elemental chlorine or chlorine based 

compounds. Because the water quality threshold for TRC calculated above is greater 

than the Department’s BPT limit, the previously established BPT limit of 1.0 mg/L is 

being carried forward in this permit. This permitting action is establishing a minimum 

monitoring frequency requirement of 5 times per week based on the compliance history 

of the facility and Department BPJ. Limits and monitoring requirements for TRC are 

applicable year round any time elemental chlorine or chlorine based compounds are 

being used to disinfect the discharge. 

A review of the DMR data for the Millinocket facility for the period of June 2003 

through November 2008 indicates the following. 

TRC CONCENTRATION 

Value Limit Minimum Maximum Average # Values 

Daily Max. 1.0 mg/L 0.04 mg/L 0.46 mg/L 0.16 mg/L 14 

f. pH Range- The previous permitting action carried forward a pH range limitation of 6.0 – 

9.0 standard units pursuant to 06-096 CMR 525(3)(III)(c) and considered as BPT. The 

pH range limitation and minimum monitoring frequency requirements are being carried 

forward from the previous permitting action. 

A review of the DMR data for the Millinocket facility for the period of June 2003 

through November 2008 indicates the following. 

pH range 

Value Limit Minimum Maximum Average # Values 

Monthly Avg. --- 6.7 s.u. 7.5 s.u. --- 65 

Daily Max. 6.0-9.0 s.u. 7.0 s.u. 8.9 s.u. --- 65 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

g. Total Phosphorus – The previous permitting action carried forward seasonal (June 1 – 

September 30) monthly average and daily maximum mass and concentration reporting 

requirements for total phosphorus pursuant to the Department’s on-going modeling 

efforts to determine the assimilative capacity for total phosphorus on the main stem of the 

West Branch of the Penobscot River. 

Phosphorus is an important limiting pollutant in freshwater environments, with the pointsource discharge of it having the potential to cause or contribute to non-attainment of 

water classification standards and designated uses in receiving waters. The Department 

previously utilized a chronic ambient BPJ water quality threshold of 0.035 mg/L to 

calculate effluent limits designed to protect receiving waters from nutrient related 

impacts. The Department is currently developing revised narrative and numerical 

nutrient criteria. Based on Department BPJ, until the criteria are completed and 

implemented, this permitting action is carrying forward the previously established June 1 

– September 30 monitoring requirements with revised minimum monitoring frequency 

requirements from once/week in the previous permitting action to twice/month and 

establishing October 1 – May 31 monitoring requirements at a minimum monitoring 

frequency of once/month, as described in Fact Sheet Section 5, Receiving Water 

Conditions.

Upon finalization of the Department’s revised nutrient criteria, this permitting action may 

be reopened pursuant to Permit Special Condition O, Reopening of Permit for 

Modifications, and effluent limitations and monitoring requirements established as 

appropriate. A review of the DMR data for the Millinocket facility for the period of June 

2003 through November 2008 indicates the following. 

PHOSPHORUS MASS 

Value Limit Minimum Maximum Average # Values 

Monthly Avg. Report lb/day 12 lbs/day 33 lbs/day 19.6 lbs/day 24 

Daily Max. Report lb/day 12 lbs/day 62 lbs/day 28.3 lbs/day 24 

PHOSPHORUS CONCENTRATION 

Value Limit Minimum Maximum Average # Values 

Monthly Avg. Report mg/L 1.3 mg/L 4.8 mg/L 2.5 mg/L 24 

Daily Max. Report mg/L 1.5 mg/L 7.5 mg/L 3.1 mg/L 24 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

h. Whole Effluent Toxicity (WET) and Chemical Specific Testing Maine Law, 

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

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

substances above levels set forth in Federal Water Quality Criteria as established by the 

USEPA. Department Rules, 06-096 CMR Chapter 530, Surface Water Toxics Control 

Program, and 06-096 CMR Chapter 584, Surface Water Quality Criteria for Toxic 

Pollutants, set forth ambient water quality criteria (AWQC) for toxic pollutants and 

procedures necessary to control levels of toxic pollutants in surface waters. 

WET, priority pollutant and analytical chemistry testing, as required by 06-096 CMR 

530, is included in this permit in order to fully characterize the effluent. This permit also 

provides for reconsideration of effluent limits and monitoring schedules after evaluation 

of toxicity testing results. The monitoring schedule includes consideration of results 

currently on file, the nature of the wastewater, existing treatment and receiving water 

characteristics. 

WET monitoring is required to assess and protect against impacts upon water quality and 

designated uses caused by the aggregate effect of the discharge on specific aquatic 

organisms. Acute and chronic WET tests are performed on invertebrate and vertebrate 

species. Priority pollutant and analytical chemistry testing is required to assess the levels 

of individual toxic pollutants in the discharge, comparing each pollutant to acute, 

chronic, and human health AWQC as established in 06-096 CMR 584. 

06-096 CMR 530 establishes four categories of testing requirements based predominately 

on the chronic dilution factor. The categories are as follows: 

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

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

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

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

Department rule 06-096 CMR 530 (2)(D) specifies the criteria to be used in determining 

the minimum monitoring frequency requirements for WET, priority pollutant and 

analytical chemistry testing. Based on the 06-096 CMR 530 criteria, the permittee’s 

facility falls into the Level III frequency category as the facility has a chronic dilution 

factor of greater than 500:1 and a permitted flow of equal to or greater than 1.0 MGD. 

06-096 CMR 530(2)(D)(1) specifies that default surveillance and screening level testing 

requirements are as follows: 

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

12 months prior to permit expiration. 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

III 1 per year None required 1 per year 

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

through permit expiration and every five years thereafter. 

Level WET Testing Priority pollutant 

testing 

Analytical chemistry 

III 1 per year 1 per year 4 per year 

On April 10, 2006, the Department modified Millinocket’s toxicity testing requirements 

to consist of chronic WET testing for water flea at a frequency of once per year during 

the surveillance level testing period (April 2006 – February 2008) and screening level 

testing consisting of acute and chronic WET testing for water flea and brook trout once 

per year, Priority Pollutant testing once per year, and Analytical Chemistry testing once 

per calendar quarter, during the February 2008 – February 2009 screening year. A 

review of the data on file with the Department indicates that Millinocket has submitted 

all required WET, Priority Pollutant, and Analytical Chemistry tests. See Attachment C 

of this Fact Sheet for a summary of the WET test results and Attachment D of this Fact 

Sheet for a summary of the chemical-specific test dates.

WET test evaluation 

06-096 CMR 530(3)(E) states “For effluent monitoring data and the variability of the 

pollutant in the effluent, the Department shall apply the statistical approach in Section 

3.3.2 and Table 3-2 of USEPA's "Technical Support Document for Water Quality-Based 

Toxics Control" (USEPA Publication 505/2-90-001, March, 1991, EPA, Office of Water, 

Washington, D.C.) to data to determine whether water-quality based effluent limits must 

be included in a waste discharge license. Where it is determined through this approach 

that a discharge contains pollutants or WET at levels that have a reasonable potential to 

cause or contribute to an exceedence of water quality criteria, appropriate water qualitybased limits must be established in any licensing action.” 

06-096 CMR 530(3) states, “In determining if effluent limits are required, the 

Department shall consider all information on file and effluent testing conducted during 

the preceding 60 months. However, testing done in the performance of a Toxicity 

Reduction Evaluation (TRE) approved by the Department may be excluded from such 

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

On February 4, 2011, the Department conducted a statistical evaluation on the most 

recent 60 months of WET test results on file with the Department in accordance with the 

statistical approach cited above. The statistical evaluation indicates the discharge from 

the permittee’s wastewater treatment facility had one exceedence of the critical chronic 

water quality threshold (0.16%) for the water flea. The evaluation indicated no 

exceedences or reasonable potentials (RPs) to exceed the critical acute threshold for the 

water flea or either the critical acute or chronic thresholds for the brook trout. Therefore, 

no numeric limitations are being established for the species and critical water quality 

criteria thresholds where no exceedences or RPs were identified. However, chronic 

numeric limitations are being established for the water flea in Permit Special Condition 

A.2. It is noted, the critical water quality thresholds expressed in percent (%) were 

derived as the mathematical inverse of the acute (140:1) and chronic (617:1) dilution 

factors. 

As for testing frequencies, 06-096 CMR 530(2)(D)(3)(b) states in part that Level III 

facilities “... may be waived from conducting surveillance testing for individual WET 

species or chemicals provided that testing in the preceding 60 months does not indicate 

any reasonable potential for exceedence as calculated pursuant to section 3(E)”. Based 

on the results of the 02/04/11 statistical evaluation, the permittee qualifies for the testing 

waiver for the brook trout, but not for the water flea. Millinocket’s exceedence for water 

flea testing is for the chronic criteria and not the acute criteria. However, as the acute 

information is obtained from the chronic test without additional effort or cost, the 

Department is establishing the same testing frequency for both the acute and chronic 

water flea testing. As a result, this permitting action is establishing surveillance level 

testing as follows: 

Beginning upon issuance of this permit and lasting through 12 months prior to permit 

expiration. 

Species WET Testing Acute WET Testing Chronic

Water flea 1 / Year 1 / Year 

Brook trout none none 

In the case of exceedences of applicable water quality criteria, 06-096 CMR 530(3)(C) 

requires that within forty-five (45) days of the effective date of the permit, the permittee 

shall submit to the Department for review and approval, a Toxicity Reduction Evaluation 

(TRE) plan which outlines a strategy to identify the source(s) and action items to be 

implemented to eliminate those exceedences. As noted above, Millinocket’s testing 

revealed an exceedence of the chronic AWQC for the water flea in June 2007. 

Subsequent to this testing event, the permittee identified that the exceedence was caused 

by natural causes within its lagoon system. In August 2008, a subsequent CNOEL WET 

test passed at 10%, which is more than one order of magnitude above the 0.16% water 

flea criterion. The follow-up test was conducted at the default surveillance level testing 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

frequency requirement of once per year. Based on the conditions described herein and 

Department BPJ, the Department has determined that Millinocket has met the 

requirements of a Phase I TRE and that no further TRE requirements are necessary unless 

additional testing indicates further exceedences of applicable criteria. 

This permit action establishes screening level WET testing requirements as follows: 

Beginning 12 months prior to permit expiration and lasting through permit expiration and 

every five years thereafter. 

Level WET Testing 

III 1 per year 

Surveillance and screening level tests are to be conducted in a different calendar quarter 

of each year. 

Special Condition M, Chapter 530(2)(D)(4) Certification, of this permitting action 

requires the permittee to file an annual certification with the Department. It is noted 

however that if future WET testing results indicate the discharge exceeds critical water 

quality thresholds this permit will be reopened pursuant to Special Condition O, 

Reopening of Permit For Modification, of this permit to establish applicable limitations 

and monitoring requirements. 

Chemical specific testing evaluation

06-096 CMR 530 §3 states, “In determining if effluent limits are required, the Department 

shall consider all information on file and effluent testing conducted during the preceding 

60 months. However, testing done in the performance of a Toxicity Reduction Evaluation 

(TRE) approved by the Department may be excluded from such evaluations.” 

06-096 CMR 530 §4(C), states “The background concentration of specific chemicals 

must be included in all calculations using the following procedures. The Department may 

publish and periodically update a list of default background concentrations for specific 

pollutants on a regional, watershed or statewide basis. In doing so, the Department shall 

use data collected from reference sites that are measured at points not significantly 

affected by point and non-point discharges and best calculated to accurately represent 

ambient water quality conditions.” The Department shall use the same general methods 

as those in section 4(D) to determine background concentrations. For pollutants not 

listed by the Department, an assumed concentration of 10% of the applicable water 

quality criteria must be used in calculations. The Department has very limited 

information on the background levels of metals in the water column of the West Branch 

of the Penobscot River. Therefore, a default background concentration of 10% of the 

applicable water quality criteria is being used in the calculations of this permitting action.

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 
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06-096 CMR 530(4)(E), states “In allocating assimilative capacity for toxic pollutants, 

the Department shall hold a portion of the total capacity in an unallocated reserve to 

allow for new or changed discharges and non-point source contributions. The 

unallocated reserve must be reviewed and restored as necessary at intervals of not more 

than five years. The water quality reserve must be not less than 15% of the total 

assimilative quantity”. Therefore, the Department is reserving 15% of the applicable 

water quality criteria in the calculations of this permitting action. 

Chapter 530 §(3)(E) states "Where it is determined... that a discharge contains pollutants 

or WET at levels that have a reasonable potential to cause or contribute to an 

exceedence of water quality criteria, appropriate water quality-based limits must be 

established in any licensing action 

06-096 CMR 530 (4)(F) states in part “Where there is more than one discharge into the 

same fresh or estuarine receiving water or watershed, the Department shall consider the 

cumulative effects of those discharges when determining the need for and establishment 

of the level of effluent limits. The Department shall calculate the total allowable 

discharge quantity for specific pollutants, less the water quality reserve and background 

concentration, necessary to achieve or maintain water quality criteria at all points of 

discharge, and in the entire watershed. The total allowable discharge quantity for 

pollutants must be allocated consistent with the following principles. 

Evaluations must be done for individual pollutants of concern in each watershed or 

segment to assure that water quality criteria are met at all points in the watershed and, if 

appropriate, within tributaries of a larger river. 

The total assimilative capacity, less the water quality reserve and background 

concentration, may be allocated among the discharges according to the past discharge 

quantities for each as a percentage of the total quantity of discharges, or another 

comparable method appropriate for a specific situation and pollutant. Past discharges of 

pollutants must be determined using the average concentration discharged during the 

past five years and the facility's licensed flow. 

The amount of allowable discharge quantity may be no more than the past discharge 

quantity calculated using the statistical approach referred to in section 3(E) [Section 

3.3.2 and Table 3-2 of USEPA's "Technical Support Document for Water Quality-Based 

Toxics Control"] of the rule, but in no event may allocations cause the water quality 

reserve amount to fall below the minimum referred to in 4(E) [15% of the total 

assimilative capacity]. Any difference between the total allowable discharge quantity and 

that allocated to existing dischargers must be added to the reserve.” 
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6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 

See Attachment E of this Fact Sheet for Department guidance that establishes protocols 

for establishing waste load allocations. The guidance states that the most protective of 

water quality becomes the facility’s allocation. According to the 2/09/11 statistical 

evaluation (Report ID #342), pollutants of concern (total copper) are to be limited based 

on the segment allocation method. 

06-096 CMR 530 (3)(D)(1) states, “For specific chemicals, effluent limits must be 

expressed in total quantity that may be discharged and in effluent concentration. In 

establishing concentration, the Department may increase allowable values to reflect 

actual flows that are lower than permitted flows and/or provide opportunities for flow 

reductions and pollution prevention provided water quality criteria are not exceeded. 

With regard to concentration limits, the Department may review past and projected flows 

and set limits to reflect proper operation of the treatment facilities that will keep the 

discharge of pollutants to the minimum level practicable.” 

As not to penalize the permittee for operating at flows less than the permitted flow, the 

Department is establishing concentration limits based on a back calculation from the 

mass limit utilizing a multiplier of 2.0. 

Segment allocation methodology

Historical Average: 

For the segment allocation methodology, the historical average quantity (mass) for each 

pollutant of concern for each facility is calculated utilizing the arithmetic mean of the 

concentrated values reported for each pollutant, a conversion factor of 8.34 lbs/gallon and 

the monthly average permit limit for flow. The historical mass discharged for each 

pollutant for each facility is mathematically summed to determine the total mass 

discharged for each pollutant in the watershed. Based on the individual discharger’s 

historical average, each discharger is assigned a percentage of the whole which is then 

utilized to determine the percent of the segment allocation for each pollutant for each 

facility. For the permittee’s facility, historical averages for total copper were calculated 

as follows: 

Copper

Historical average mass

Mean concentration (n = 9) 12.4 ug/L or 0.01244 mg/L 

Permit flow limit = 2.33 MGD 

Historical average mass = (0.01244 mg/L)(8.34)(2.33 MGD) = 0.242 lbs/day 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 
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The 2/09/11 statistical evaluation (Report ID #342) indicates the historical average mass 

of copper discharged by the permittee is 1.6% of the copper discharged by the facilities 

on the Penobscot River and its tributaries. Therefore, the permittee’s acute and chronic 

segment allocations for copper are calculated as 1.6% of the copper discharged on the 

Penobscot River and its tributaries. The Department has calculated an acute assimilative 

capacity of 35.94 lbs/day and a chronic assimilative capacity of 30.51 lbs/day of copper 

at Bangor, the most downstream facility on the Penobscot River. Therefore, the mass 

segment allocation for copper for the permittee can be calculated as follows: 

Mass limits

Daily maximum: (Acute assimilative capacity mass)(% of total copper discharged) 

 (35.94 lbs/day)(0.016) = 0.58 lbs/day 

 

Monthly average: (Chronic assimilative capacity mass)(% of total copper discharged) 

(30.51 lbs/day)(0.016) = 0.49 lbs/day 

Concentration limits

Daily maximum mass limit = 0.58 lbs/day 

 (0.58 lbs/day) = 0.03 mg/L 

(8.34 lbs/gal)(2.33 MGD) 

(0.03 mg/L)(1,000 ug/mg)(2) = 60 ug/L 

Monthly average mass limit = 0.49 lbs/day 

 (0.49 lbs/day) = 0.025 mg/L 

(8.34 lbs/gal)(2.33 MGD) 

(0.025 mg/L)(1,000 ug/mg)(2) = 50 ug/L 

As with WET test results, on February 4, 2011, the Department conducted a statistical 

evaluation on the most recent 60 months of chemical specific test results on file with the 

Department in accordance with the statistical approach outlined in 06-096 CMR 530. The 

statistical evaluation indicates that none of the chemical specific parameters tested, 

except for copper, exceed or have a reasonable potential to exceed applicable acute, 

chronic or human health AWQC. 06-096 CMR 530(2)(D)(3)(b) states in part that Level 

III facilities 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 
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“... may be waived from conducting surveillance testing for individual WET species or 

chemicals provided that testing in the preceding 60 months does not indicate any 

reasonable potential for exceedence as calculated pursuant to section 3(E)”. Therefore, 

this permitting action is carrying forward the waived surveillance level reporting and 

monitoring frequency for analytical chemistry testing. It is noted 06-096 CMR 530 

§(2)(D)(1) does not require Priority Pollutant testing during the surveillance level testing 

years. 

For screening level testing, 06-096 CMR 530 §(2)(D)(1) requires that beginning 12 

months prior to the expiration date of the permit, chemical testing shall be conducted at a 

frequency of 1/Year for priority pollutant testing and 1/Quarter for analytical chemistry. 

Therefore, this permit action establishes a screening level analytical chemistry and 

priority pollutant testing requirements as follows: Beginning 12 months prior to permit 

expiration and lasting through permit expiration and every five years thereafter 

Level Priority pollutant 

testing 

Analytical chemistry 

III 1 per year 4 per year 

As with WET testing, Special Condition M, Chapter 530 (2)(D)(4) Certification, of this 

permitting action requires the permittee to file an annual certification with the 

Department. 

It is noted however that if future WET or chemical testing indicates the discharge 

exceeds critical water quality thresholds or AWQC, this permit will be reopened pursuant 

to Special Condition O, Reopening of Permit For Modification, to establish applicable 

limitations and monitoring requirements. In addition, if future test results of concern fall 

outside the 60-month evaluation timeframe or a sufficient number of tests removes the 

reasonable potential to exceed AWQC, the permittee may request a modification of the 

permit to remove applicable limitations and or reduce the monitoring frequency. 

i. Mercury: Pursuant to Maine law, 38 M.R.S.A. §420, 38 M.R.S.A. §413 and Department 

rule, 06-096 CMR Chapter 519, Interim Effluent Limitations and Controls for the 

Discharge of Mercury, the Department issued a Notice of Interim Limits for the 

Discharge of Mercury to the Town of Millinocket on May 25, 2000 thereby 

administratively modifying WDL #W-002680-46-D-R by establishing interim monthly 

average effluent concentration limits of 12.4 parts per trillion (ppt), daily maximum 

effluent concentration limits of 18.6 ppt, and a minimum monitoring frequency 

requirement of four tests per year for mercury. The interim mercury limits were 

scheduled to expire on October 1, 2001. However, effective June 15, 2001, 

the Maine Legislature enacted Maine law, 38 M.R.S.A. §413, sub-§11 specifying that 

interim mercury limits and monitoring requirements remain in effect. It is noted that the 

mercury effluent limitations have not been incorporated into Special Condition A, 

6. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont’d) 
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Effluent Limitations And Monitoring Requirements, of this permit as the limits and 

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

Department rule 06-096 CMR 519, and Special Condition K of this permit. The interim 

mercury limits remain in effect and enforceable and modifications to the limits and/or 

monitoring frequencies will be formalized outside of this permitting document pursuant 

to sections of Maine law and Department rule cited above. 

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

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

established by the Department pursuant to section 413, subsection 11. A review of DMR 

data on file through November 2008 indicates that the permittee has been in compliance 

with its interim mercury limits. 

7. TRANSPORTED WASTES 

The previous permitting action authorized the permittee to receive and introduce into the 

treatment process or solids handling process up to a maximum of 2,000 gallons per day of 

untreated transported wastes. 06-096 CMR 555, Standards For The Addition of Transported 

Wastes to Wastewater Treatment Facilities, limits the quantity of septage received at a 

facility to 1% of the design capacity of treatment facility if the facility utilizes a side stream 

or storage method of introduction into the influent flow, or 0.5% of the design capacity of the 

facility if the facility does not utilize the side stream or storage method of introduction into 

the influent flow. A facility may receive more than 1% of the design capacity on a case-bycase basis. The Department previously reviewed and approved Millinocket’s plan and 

determined that under normal operating conditions, the introduction of 2,000 gallons per day 

of untreated transported wastes into the facility treatment works will not cause or contribute 

to upset conditions of the treatment process. 

8. DISCHARGE IMPACT ON RECEIVING WATER QUALITY 

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

protected and the discharge will not cause or contribute to the failure of the water body to 

meet standards for Class C classification. The Department has prepared the Penobscot River 

Phosphorus Waste Load Allocation, May 2011, that address water quality impacts as 

described in Fact Sheet Section 5, Receiving Water Conditions. As noted in Fact Sheet 

Section 5, should future ambient water quality monitoring indicate water quality standards 

are not being achieved and the permittee is causing or contributing to the non-attainment, this 

permit may be reopened pursuant to Special Condition O, Reopening of Permit For 

Modifications, to establish additional limitations and or monitoring requirements to achieve 

applicable water quality standards. 

9. PUBLIC COMMENTS 
MILLINOCKET FACT SHEET Page 22 of 23 

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Public notice of this application was made in The Bangor Daily News on or about 

December 20, 2008. The Department receives public comments on an application until the 

date a final agency action is taken on that application. Those persons receiving copies of 

draft permits shall have at least 30 days in which to submit comments on the draft or to 

request a public hearing, pursuant to Application Processing Procedures for Waste 

Discharge Licenses 06-096 CMR 522. 

10. DEPARTMENT CONTACTS 

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

comments should be sent to: 

Robert D. Stratton 

Division of Water Quality Management 

Bureau of Land and Water Quality 

Department of Environmental Protection Telephone (207) 215-1579 

17 State House Station Fax (207) 287-3435 

Augusta, Maine 04333-0017 email: Robert.D.Stratton@maine.gov 

11. RESPONSE TO COMMENTS 

During the period of March 22, 2011 through April 21, 2011, the Department solicited 

comments on the proposed draft Maine Pollutant Discharge Elimination System Permit / 

Maine Waste Discharge License to be issued to the Town of Millinocket for the proposed 

discharge. On April 21, 2011, the Department received comments on the proposed draft 

MEPDES Permit / Maine WDL from the Penobscot Indian Nation, Department of Natural 

Resources (PIN DNR). The comments received and the Department’s responses are included 

below. In addition, the Department revised the daily maximum limitation for E. coli bacteria 

from the Proposed Draft Permit to the previously established limitation, based on the 

available dilution of the effluent with the receiving waters and consistent with other facilities 

in similar situations. Additionally, the Department revised guidance associated with 

reporting analytical test results which are detected below the respective reporting limits. 

Comment 1, Total Phosphorus Effluent Monitoring Requirements. The PIN DNR states, “We 

support the effluent monitoring requirement for total phosphorous proposed in this license 

for the Town of Millinocket, however we believe that year round effluent monitoring may be 

warranted. While ambient and effluent data from MEDEP and PIN studies show that most of 

the phosphorous loading to Dolby Pond is from the Katahdin West operation, we believe it is 

important to track the annual phosphorous loadings to the Dolby system where the blooms 

11. RESPONSE TO COMMENTS (cont’d) 
MILLINOCKET FACT SHEET Page 23 of 23 

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begin. Phosphorous that enters the system during the cooler months may be stored within 

the impoundment sediments and become available, especially when anoxic conditions occur. 

Annual phosphorous loadings may be useful when evaluating the overall phosphorous 

allocation. Likewise, recent studies presented at the Northeast Regional Cyanobacteria 

Workshop indicate that Cyanobacteria blooms can actually occur in the winter time below 

ice.” 

Response 1. The Department acknowledges the PIN DNR comments and, based on a reexamination of the issue by the Division of Environmental Assessment (MEDEP DEA), is 

establishing year round effluent total phosphorus monitoring requirements. MEDEP DEA 

notes, the Millinocket discharge is ”located upstream of Dolby Pond, which is particularly 

prone to the onset of phytoplankton blooms. Ambient data from Dolby Pond suggests that 

nutrients that have accumulated in the sediments could be a significant source contributing 

summertime algae blooms. Preventing phytoplankton blooms from initiating in Dolby Pond 

is critical to the success of the P-WLA and year-round scrutiny is warranted based on the 

unique hydraulic characteristics associated with the Dolby Pond impoundment. Dolby 

Pond is unique from other impoundments on the Penobscot River in that it is not confined 

laterally and portions of the pond can become stagnant and prone to stratification. 

Stratification can lead to anoxic conditions at the sediment/water-column interface, which 

can cause a significant release of phosphorous from the sediments. Stagnant conditions 

promote the extended residence times that are necessary for algae blooms to get ramped 

up.” Thus, the Department considers PIN DNR’s comments to be valid and establishes 

monitoring requirements in the MEPDES Permit / Maine WDL accordingly. 

ATTACHMENT A 

(Facility Location Maps) 


ATTACHMENT B 

(Facility Site Plans) 

ATTACHMENT C 

(Whole Effluent Toxicity Reports) 

ATTACHMENT D 

(Chemical Specific Testing Reports) 


ATTACHMENT E 

(Guidelines for Evaluating Toxicity from Multiple 

Dischargers ) 









ATTACHMENT F 

(06-096 CMR 530 Reporting Form) 

MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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CONTENTS

SECTION TOPIC PAGE 

A GENERAL PROVISIONS 

1 General compliance 2 

2 Other materials 2 

3 Duty to Comply 2 

4 Duty to provide information 2 

5 Permit actions 2 

6 Reopener clause 2 

7 Oil and hazardous substances 2 

8 Property rights 3 

9 Confidentiality 3 

10 Duty to reapply 3 

11 Other laws 3 

12 Inspection and entry 3 

B OPERATION AND MAINTENANCE OF FACILITIES 

1 General facility requirements 3 

2 Proper operation and maintenance 4 

3 Need to halt reduce not a defense 4 

4 Duty to mitigate 4 

5 Bypasses 4 

6 Upsets 5 

C MONITORING AND RECORDS 

1 General requirements 6 

2 Representative sampling 6 

3 Monitoring and records 6 

D REPORTING REQUIREMENTS 

1 Reporting requirements 7 

2 Signatory requirement 8 

3 Availability of reports 8 

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

5 Publicly owned treatment works 9 

E OTHER PROVISIONS 

1 Emergency action - power failure 9 

2 Spill prevention 10 

3 Removed substances 10 

4 Connection to municipal sewer 10 

F DEFINTIONS 10 

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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A. GENERAL PROVISIONS 

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

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

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

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

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

violate any other conditions of this permit. 

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

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

maximum level identified in the application, provided: 

(a) They are not 

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

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

Revised Statutes; or other applicable State Law; or 

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

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

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

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

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

permit renewal application. 

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

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

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

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

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

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

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

MRSA, §349. 

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

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

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

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

kept by this permit. 

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

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

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

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

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

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

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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

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

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

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

§§ 1301, et. seq. 

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

privilege. 

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

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

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

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

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

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

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

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

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

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

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

department." 

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

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

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

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

applicable Federal, State or local laws and regulations. 

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

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

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

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

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

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

conditions of this permit; 

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

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

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

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

B. OPERATION AND MAINTENACE OF FACILITIES 

1. General facility requirements. 

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

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

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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

Department. 

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

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

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

of any wastewaters. 

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

construction or modification of any treatment facilities. 

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

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

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

the wastewaters will be achieved as rapidly as possible. 

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

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

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

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

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

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

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

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

maintain compliance with the conditions of this permit. 

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

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

affecting human health or the environment. 

5. Bypasses.

(a) Definitions. 

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

facility. 

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

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

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

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

delays in production. 

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

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

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

and (d) of this section. 

(c) Notice. 

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

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

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

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

(d) Prohibition of bypass. 

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

permittee for bypass, unless: 

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

damage; 

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

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

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

equipment should have been installed in the exercise of reasonable engineering 

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

downtime or preventive maintenance; and 

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

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

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

paragraph (d)(i) of this section. 

6. Upsets.

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

temporary noncompliance with technology based permit effluent limitations because of 

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

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

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

improper operation. 

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

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

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

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

final administrative action subject to judicial review. 

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

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

operating logs, or other relevant evidence that: 

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

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

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

hour notice). 

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

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

occurrence of an upset has the burden of proof. 

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MAINE POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT 

STANDARD CONDITIONS APPLICABLE TO ALL PERMITS 

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C. MONITORING AND RECORDS 

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

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

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

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

monitoring results obtained pursuant to the monitoring requirements contained herein. 

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

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

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

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

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

unless specifically authorized by the Department. 

3. Monitoring and records. 

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

monitored activity. 

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

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

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

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

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

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

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

request of the Department at any time. 

(c) Records of monitoring information shall include: 

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

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

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

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

(v) The analytical techniques or methods used; and 

(vi) The results of such analyses. 

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

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

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

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

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

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D. REPORTING REQUIREMENTS 

1. Reporting requirements. 

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

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

when: 

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

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

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

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

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

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

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

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

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

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

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

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

with permit requirements. 

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

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

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

in this permit. 

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

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

or disposal practices. 

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

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

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

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

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

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

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

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

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

(f) Twenty-four hour reporting. 

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

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

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

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

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

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

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

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

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

under this paragraph. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

MRSA, §349. 

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

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

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

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

sanctions as provided by law. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. Publicly owned treatment works. 

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

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

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

discharging those pollutants. 

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

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

permit. 

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

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

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

POTW. 

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

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

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

a program for maintaining satisfactory treatment levels consistent with approved water 

quality management plans. 

E. OTHER REQUIREMENTS 

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

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

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

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

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

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

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

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

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

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

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

wastewater pumping or treatment facilities. 

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

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

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

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

disposal and or treatment to be used. 

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

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

approved by the Department. 

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

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

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

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

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

definitions applicable to this permit may be found in Chapters 520 through 529 of the Department's rules 

Average means the arithmetic mean of values taken at the frequency required for each parameter over the 

specified period. For bacteria, the average shall be the geometric mean. 

Average monthly discharge limitation means the highest allowable average of daily discharges over a 

calendar month, calculated as the sum of all daily discharges measured during a calendar month divided 

by the number of daily discharges measured during that month. Except, however, bacteriological tests 

may be calculated as a geometric mean. 

Average weekly discharge limitation means the highest allowable average of daily discharges over a 

calendar week, calculated as the sum of all daily discharges measured during a calendar week divided by 

the number of daily discharges measured during that week. 

Best management practices ("BMPs'') means schedules of activities, prohibitions of practices, 

maintenance procedures, and other management practices to prevent or reduce the pollution of waters of 

the State. BMPs also include treatment requirements, operating procedures, and practices to control plant 

site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 

Composite sample means a sample consisting of a minimum of eight grab samples collected at equal 

intervals during a 24 hour period (or a lesser period as specified in the section on monitoring and 

reporting) and combined proportional to the flow over that same time period. 

Continuous discharge means a discharge which occurs without interruption throughout the operating 

hours of the facility, except for infrequent shutdowns for maintenance, process changes, or other similar 

activities. 

Daily discharge means the discharge of a pollutant measured during a calendar day or any 24-hour period 

that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations 

expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged 

over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge 

is calculated as the average measurement of the pollutant over the day. 

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Discharge Monitoring Report ("DMR'') means the EPA uniform national form, including any 

subsequent additions, revisions, or modifications for the reporting of self-monitoring results by 

permittees. DMRs must be used by approved States as well as by EPA. EPA will supply DMRs to any 

approved State upon request. The EPA national forms may be modified to substitute the State Agency 

name, address, logo, and other similar information, as appropriate, in place of EPA's. 

Flow weighted composite sample means a composite sample consisting of a mixture of aliquots 

collected at a constant time interval, where the volume of each aliquot is proportional to the flow rate of 

the discharge. 

Grab sample means an individual sample collected in a period of less than 15 minutes. 

Interference means a Discharge which, alone or in conjunction with a discharge or discharges from other 

sources, both: 

(1) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, 

use or disposal; and 

(2) Therefore is a cause of a violation of any requirement of the POTW's NPDES permit 

(including an increase in the magnitude or duration of a violation) or of the prevention of 

sewage sludge use or disposal in compliance with the following statutory provisions and 

regulations or permits issued thereunder (or more stringent State or local regulations): Section 

405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including title II, more 

commonly referred to as the Resource Conservation and Recovery Act (RCRA), and 

including State regulations contained in any State sludge management plan prepared pursuant 

to subtitle D of the SWDA), the Clean Air Act, the Toxic Substances Control Act, and the 

Marine Protection, Research and Sanctuaries Act. 

Maximum daily discharge limitation means the highest allowable daily discharge. 

New source means any building, structure, facility, or installation from which there is or may be a 

discharge of pollutants, the construction of which commenced: 

(a) After promulgation of standards of performance under section 306 of CWA which are 

applicable to such source, or 

(b) After proposal of standards of performance in accordance with section 306 of CWA 

which are applicable to such source, but only if the standards are promulgated in accordance 

with section 306 within 120 days of their proposal. 

Pass through means a discharge which exits the POTW into waters of the State in quantities or 

concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a 

cause of a violation of any requirement of the POTW's NPDES permit (including an increase in the 

magnitude or duration of a violation). 

Permit means an authorization, license, or equivalent control document issued by EPA or an approved 

State to implement the requirements of 40 CFR parts 122, 123 and 124. Permit includes an NPDES 

general permit (Chapter 529). Permit does not include any permit which has not yet been the subject of 

final agency action, such as a draft permit or a proposed permit. 

Person means an individual, firm, corporation, municipality, quasi-municipal corporation, state agency, 

federal agency or other legal entity. 

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Point source means any discernible, confined and discrete conveyance, including, but not limited to, any 

pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal 

feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. 

Pollutant means dredged spoil, solid waste, junk, incinerator residue, sewage, refuse, effluent, garbage, 

sewage sludge, munitions, chemicals, biological or radiological materials, oil, petroleum products or 

byproducts, heat, wrecked or discarded equipment, rock, sand, dirt and industrial, municipal, domestic, 

commercial or agricultural wastes of any kind. 

Process wastewater means any water which, during manufacturing or processing, comes into direct 

contact with or results from the production or use of any raw material, intermediate product, finished 

product, byproduct, or waste product. 

Publicly owned treatment works ("POTW'') means any facility for the treatment of pollutants owned 

by the State or any political subdivision thereof, any municipality, district, quasi-municipal corporation or 

other public entity. 

Septage means, for the purposes of this permit, any waste, refuse, effluent sludge or other material 

removed from a septic tank, cesspool, vault privy or similar source which concentrates wastes or to which 

chemicals have been added. Septage does not include wastes from a holding tank. 

Time weighted composite means a composite sample consisting of a mixture of equal volume aliquots 

collected over a constant time interval. 

Toxic pollutant includes any pollutant listed as toxic under section 307(a)(1) or, in the case of sludge use 

or disposal practices, any pollutant identified in regulations implementing section 405(d) of the CWA. 

Toxic pollutant also includes those substances or combination of substances, including disease causing 

agents, which after discharge or upon exposure, ingestion, inhalation or assimilation into any organism, 

including humans either directly through the environment or indirectly through ingestion through food 

chains, will, on the basis of information available to the board either alone or in combination with other 

substances already in the receiving waters or the discharge, cause death, disease, abnormalities, cancer, 

genetic mutations, physiological malfunctions, including malfunctions in reproduction, or physical 

deformations in such organism or their offspring. 

Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and 

duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation 

typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, 

and similar areas. 

Whole effluent toxicity means the aggregate toxic effect of an effluent measured directly by a toxicity 

test.