Page 1 1IB00001*ID 

### Application No. OH0009873

Issue Date: June 12, 2009

Effective Date: July 1, 2009

Expiration Date: July 31, 2013

Ohio Environmental Protection Agency Authorization to Discharge Under the National Pollutant Discharge Elimination System

In compliance with the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et. seq., hereinafter referred to as the "Act"), and the Ohio Water Pollution Control Act (Ohio Revised Code Section 6111),

Duke Energy of Ohio, Inc. - Miami Fort Station

is authorized by the Ohio Environmental Protection Agency, hereinafter referred to a s "Ohio EPA," to discharge from the Duke Energy, Miami Fort Station wastewater treatment works located at 11021 Brower Road, North Bend, Ohio, Hamilton County and discharging to the Ohio River in accordance with the conditions specified in Parts I, II

, III, IV, V, and VI of this permit.

I have determined that a lowering of water quality in the Ohio River is necessary. I n accordance with OAC 3745-1-05, this decision was reached only after examining a serie s of technical alternatives, reviewing social and economic issues related to the de gradation, and considering all public and appropriate intergovernmental comments. The lowering of water quality is necessary to accommodate important social or economic developme nt in the area in which the water body is located.

This permit is conditioned upon payment of applicable fees as required by Section 3745.11 of the Ohio Revised Code.

This permit and the authorization to discharge shall expire at midnight on the expirat ion date shown above. In order to receive authorization to discharge beyond the above date of expiration, the permittee shall submit such information and forms as are required by the Ohio EPA no later than 180 days prior to the above date of expiration.

___________________ Chris Korleski Director

Total Pages: 51Page 21IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths00015 - Thermal Discharge - MillionBTU/HrAll3540 - - - - - - 1/Day Calculated00019 - Station Operating Output -MegawattsAll- - - - - - - 1/Day Maximum00400 - pH - S.U.All9.0 6.0 - - - - - 1/Day Grab34044 - Oxidants, Total Residual - mg/lAll0.05 - - - - - - 1/Day Grab50050 - Flow Rate - MGDAll- - - - - - - 1/Day 24hr Total Estimate50060 - Chlorine, Total Residual - mg/lAll0.2 - - - - - - 1/Day Grab78739 - Chlorination/Bromination Duration- MinutesAll120 - - - - - - 1/Day EstimatePart I, A. - INTERIM EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. During the period beginning on the effective and lasting for 6 months after the effectivedate, the permittee is authorized to discharge inaccordance with the following limitations and monitoring requirements from outfall1IB00001001. See Part II, OTHER REQUIREMENTS,for locations of effluent sampling.Table - Final Outfall - 001 - InterimNotes for Station Number 1IB00001001:* This outfall and associated parameters are effective when chlorination and/or bromination occurs for 2 hours per day or less. If chlorinationand/or bromination is performed for longer than 2 hours per day, the final effluent limitations and monitoring requirements for station1IB00001040 are effective, and "AH" must be reported for parameters required to be monitored under this table.1. The Total Residual Chlorine (TRC) and Total Residual Oxidants (TRO) limits are the maximum allowed at the outfall at any time. TRCand TRO may not be discharged from this outfall for more than two hours per day. Simultaneous multi-unit chlorination/bromination ispermitted. Analyses are to be performed by amperometric titration, Orion Residual Chlorine Electrode or other EPA method duringchlorination and/or bromination. The daily grab sample for TRC or TRO shall represent the maximum concentration discharged duringchlorination and/or bromination.2. TRO reflect the use of bromine compounds. Bromine can be used separately or in combination with chlorine. These limits are effectivewhen bromine is used. This parameter is used to reflect the approved concentration of 1-bromo-3-chloro-5, 5 dimethylhydantoin only. Thisamount may only be discharged for no more than 2 hours per day.Page 31IB00001*ID3. Report TRO on days when bromine compounds are used with or without chlorine. Report "AH" on the monthlyoperating report on dayswhen no bromine compounds are used and explain in the remarks section.4. Report TRC on days when only chlorine compounds are used (i.e. no bromine compounds). Report "AH" on the monthly report if bromine(or a combination of bromine and chlorine) is used.5. These parameters shall be reported daily except on days when facility is normally not staffed. Report "AN" on the monthly report form onthese days.6. For Thermal load calculations, see Part II, Item M.7. For information on the quantification level for TRC and TRO, see Part II, Item N.8. If there are NO DISCHARGES DURING THE ENTIRE MONTH:a. eDMR users should select the "No Discharge" check box on the data entry form and enter"No discharge during the month" in the RemarksSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day ofthe month on the 4500 Form. Sign the form.Page 41IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths00011 - Water Temperature - FAll- - - - - - - 1/Day Maximum IndicatingThermometer00015 - Thermal Discharge - MillionBTU/HrAll3540 - - - - - - 1/Day Calculated00019 - Station Operating Output -MegawattsAll- - - - - - - 1/Day Maximum00400 - pH - S.U.All9.0 6.0 - - - - - 1/Day Grab34044 - Oxidants, Total Residual - mg/lAll0.05 - - - - - - 1/Day Grab50050 - Flow Rate - MGDAll- - - - - - - 1/Day 24hr Total Estimate50060 - Chlorine, Total Residual - mg/lAll0.2 - - - - - - 1/Day Grab78739 - Chlorination/Bromination Duration- MinutesAll120 - - - - - - 1/Day EstimatePart I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. During the period beginning 6 months from the effective date and lasting until the expiration date , the permittee is authorized to dischargein accordance with the following limitations and monitoring requirements from outfall 1IB00001001. See Part II, OTHER REQUIREMENTS,for locations of effluent sampling.Table - Final Outfall - 001 - FinalNotes for Station Number 1IB00001001:* This outfall and associated parameters are effective when chlorination and/or bromination occurs for 2 hours per day or less. If chlorinationand/or bromination is performed for longer than 2 hours per day, the final effluent limitations and monitoring requirements for station1IB00001040 are effective, and "AH" must be reported for parameters required to be monitored under this table.1. The Total Residual Chlorine (TRC) and Total Residual Oxidants (TRO) limits are the maximum allowed at the outfall at any time. TRCand TRO may not be discharged from this outfall for more than two hours per day. Simultaneous multi-unit chlorination/bromination ispermitted. Analyses are to be performed by amperometric titration, Orion Residual Chlorine Electrode or other EPA method duringchlorination and/or bromination. The daily grab sample for TRC or TRO shall represent the maximum concentration discharged duringchlorination and/or bromination.2. TRO reflect the use of bromine compounds. Bromine can be used separately or in combination with chlorine. These limits are effectivewhen bromine is used. This parameter is used to reflect the approved concentration of 1-bromo-3-chloro-5, 5 dimethylhydantoin only. Thisamount may only be discharged for no more than 2 hours per day.Page 51IB00001*IDamount may only be discharged for no more than 2 hours per day.3. Report TRO on days when bromine compounds are used with or without chlorine. Report "AH" on the monthlyoperating report on dayswhen no bromine compounds are used and explain in the remarks section.4. Report TRC on days when only chlorine compounds are used (i.e. no bromine compounds). Report "AH" on the monthly report if bromine(or a combination of bromine and chlorine) is used.5. These parameters shall be reported daily except on days when facility is normally not staffed. Report "AN" on the monthly report form onthese days.6. For Thermal load calculations, see Part II, Item M.7. For information on the quantification level for TRC and TRO, see Part II, Item N.8. If there are NO DISCHARGES DURING THE ENTIRE MONTH:a. eDMR users should select the "No Discharge" check box on the data entry form and enter"No discharge during the month" in the RemarksSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day ofthe month on the 4500 Form. Sign the form.Page 61IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths00400 - pH - S.U.All9.0 6.0 - - - - - 1/Month Grab00515 - Residue, Total Dissolved - mg/lAll- - - - - - - 1/Month Grab00530 - Total Suspended Solids - mg/lAll97 - - 30 5213 - 1612 1/Month Grab00550 - Oil and Grease, Total - mg/lAll20 - - 15 1075 - 806 1/Month Grab00610 - Nitrogen, Ammonia (NH3) - mg/lQuarterly- - - - - - - 1/Quarter Grab00625 - Nitrogen Kjeldahl, Total - mg/lQuarterly- - - - - - - 1/Quarter Grab00630 - Nitrite Plus Nitrate, Total - mg/lQuarterly- - - - - - - 1/Quarter Grab00978 - Arsenic, Total Recoverable - ug/lQuarterly- - - - - - - 1/Quarter Grab00981 - Selenium, Total Recoverable - ug/lQuarterly- - - - - - - 1/Quarter Grab00999 - Boron, Total Recoverable - ug/lQuarterly- - - - - - - 1/Quarter Grab01009 - Barium, Total Recoverable - ug/lQuarterly- - - - - - - 1/Quarter Grab01074 - Nickel, Total Recoverable - ug/lQuarterly- - - - - - - 1/Quarter Grab01094 - Zinc, Total Recoverable - ug/lQuarterly- - - - - - - 1/Quarter Grab01113 - Cadmium, Total Recoverable - ug/lQuarterly- - - - - - - 1/Quarter Grab01114 - Lead, Total Recoverable - ug/lQuarterly- - - - - - - 1/Quarter Grab01118 - Chromium, Total Recoverable -ug/lQuarterly- - - - - - - 1/Quarter Grab01119 - Copper, Total Recoverable - ug/lQuarterly- - - - - - - 1/Quarter Grab50050 - Flow Rate - MGDAll- - - - - - - 1/Day 24hr Total Estimate50092 - Mercury, Total (Low Level) - ng/lQuarterly- - - - - - - 1/Quarter GrabPart I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. During the period beginning on the effective date and lasting until the expiration date, thepermittee is authorized to discharge inaccordance with the following limitations and monitoring requirements from outfall1IB00001002. See Part II, OTHER REQUIREMENTS,for locations of effluent sampling.Table - Final Outfall - 002 - FinalPage 71IB00001*IDNotes for Station Number 1IB00001002:* Effluent loadings based on average design flow of 14.2 MGD.-Sampling shall be performed when discharging. If NO DISCHARGE OCCURS DURING THE ENTIRE MONTH:a. eDMR users should select the "No Discharge" check box on the data entry form and enter"No discharge during the month" in the RemarksSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day ofthe month on the 4500 Form. Sign the form.- Flow data to be reported on a daily basis except on days when facility is not normally staffed. On those days report "AN" on the monthlyreport form.- For mercury monitoring, see Part II, Item O.Page 81IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths00083 - Color, Severity - UnitsAll- - - - - - - 1/Day Estimate00400 - pH - S.U.All9.0 6.0 - - - - - 1/Month Grab00530 - Total Suspended Solids - mg/lAll45 - - 30 11.9 - 7.9 1/Month Grab01094 - Zinc, Total Recoverable - ug/lQuarterly- - - - - - - 1/Quarter Grab01119 - Copper, Total Recoverable - ug/lQuarterly- - - - - - - 1/Quarter Grab01330 - Odor, Severity - UnitsAll- - - - - - - 1/Day Estimate01350 - Turbidity, Severity - UnitsAll- - - - - - - 1/Day Estimate31616 - Fecal Coliform - #/100 mlWinter2000 - - 1000 - - - 1/Month Grab31616 - Fecal Coliform - #/100 mlSummer400 - - 200 - - - 1/Month Grab50050 - Flow Rate - MGDAll- - - - - - - 1/Day 24hr Total Estimate80082 - CBOD 5 day - mg/lAll40 - - 25 10.6 - 6.6 1/Month GrabPart I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. During the period beginning on the effective date and lasting until the expiration date, thepermittee is authorized to discharge inaccordance with the following limitations and monitoring requirements from outfall1IB00001006. See Part II, OTHER REQUIREMENTS,for locations of effluent sampling.Table - Final Outfall - 006 - FinalNotes for Station Number 1IB00001006:* Effluent loadings based on average design flow of 0.07 MGD.-Sampling shall be performed when discharging. If NO DISCHARGE OCCURS DURING THE ENTIRE MONTH:a. eDMR users should select the "No Discharge" check box on the data entry form and enter"No discharge during the month" in the RemarksSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day ofthe month on the 4500 Form. Sign the form.Page 91IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths00010 - Water Temperature - CAll- - - - - - - 1/Day Maximum IndicatingThermometer00015 - Thermal Discharge - MillionBTU/HrAll3540 - - - - - - 1/Day Calculated00019 - Station Operating Output -MegawattsAll- - - - - - - 1/Day Maximum00400 - pH - S.U.All9.0 6.0 - - - - - 1/Day Grab34044 - Oxidants, Total Residual - mg/lAll0.01 - - - - - - 1/Day Grab50050 - Flow Rate - MGDAll- - - - - - - 1/Day 24hr Total Estimate50060 - Chlorine, Total Residual - mg/lAll0.023 - - - - - - 1/Day Grab78739 - Chlorination/Bromination Duration- MinutesAll- - - - - - - 1/Day EstimatePart I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. During the period beginning on the effective date and lasting until the expiration date, thepermittee is authorized to discharge inaccordance with the following limitations and monitoring requirements from outfall1IB00001040. See Part II, OTHER REQUIREMENTS,for locations of effluent sampling.Table - Final Outfall - 040 - FinalNotes for Station 1IB00001040* Station 1IB00001040 is actually 1IB00001001. The purpose of this station is to allow the option of continuous chlorination/bromination inthe non-contact cooling water system. If only intermittent (i.e., 2 hours or less per day) chlorination and/or bromination occurs during themonth, state this in the remarks section, leave the data area blank and report other information under 1IB00001001. This station andassociated parameters are effective only when chlorine and/or bromine is used for more than 2 hours per day.Page 101IB00001*ID1. The Total Residual Chlorine (TRC) and Total Residual Oxidants (TRO) limits are the maximum allowed at the outfall at any time. TRCand TRO may not be discharged from this outfall for more than two hours per day. Simultaneous multi-unit chlorination/bromination ispermitted. Analyses are to be performed by amperometric titration, Orion Residual Chlorine Electrode or other EPA method duringchlorination and/or bromination. The daily grab sample for TRC or TRO shall represent the maximum concentration discharged duringchlorination and/or bromination.2. TRO reflect the use of bromine compounds. Bromine can be used separately or in combination with chlorine. These limits are effectivewhen bromine is used. This parameter is used to reflect the approved concentration of 1-bromo-3-chloro-5, 5 dimethylhydantoin only. Thisamount may only be discharged for no more than 2 hours per day.3. Report TRO on days when bromine compounds are used with or without chlorine. Report "AH" on the monthlyoperating report on dayswhen no bromine compounds are used and explain in the remarks section.4. Report TRC on days when only chlorine compounds are used (i.e. no bromine compounds). Report "AH" on the monthly report if bromine(or a combination of bromine and chlorine) is used.5. Report these parameters daily except on days when facility is normally not staffed. Report "AN" on the monthly report form on these days.6. For Thermal load calculations, See Part II, Item M.7. For information on the quantification level for TRC and TRO, see Part II, Item N.8. If there are NO DISCHARGES DURING THE ENTIRE MONTH:a. eDMR users should select the "No Discharge" check box on the data entry form and enter"No discharge during the month" in the RemarksSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day ofthe month on the 4500 Form. Sign the form.Page 111IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths00011 - Water Temperature - FAll- - - - - - - 1/Week Grab00095 - Specific Conductance at 25Degrees C - Umho/cmAll- - - - - - - 1/Week Grab00400 - pH - S.U.All- - - - - - - 1/Week Grab00410 - Alkalinity, Total (CaCO3) - mg/lAll- - - - - - - 1/Week Grab00515 - Residue, Total Dissolved - mg/lAll- - - - - - - 1/Month Grab00530 - Total Suspended Solids - mg/lAll- - - - - - - 1/Week Grab00940 - Chloride, Total - mg/lAll- - - - - - - 1/Month Grab00945 - Sulfate, (SO4) - mg/lAll- - - - - - - 1/Month Grab00951 - Fluoride, Total (F) - mg/lAll- - - - - - - 1/Month Grab00978 - Arsenic, Total Recoverable - ug/lAll- - - - - - - 1/Month Grab00980 - Iron, Total Recoverable - ug/lAll- - - - - - - 1/Month Grab01009 - Barium, Total Recoverable - ug/lAll- - - - - - - 1/Month Grab01022 - Boron, Total - ug/lAll- - - - - - - 1/Month Grab01055 - Manganese, Total (Mn) - ug/lAll- - - - - - - 1/Month Grab01094 - Zinc, Total Recoverable - ug/lAll- - - - - - - 1/Month Grab01113 - Cadmium, Total Recoverable - ug/lAll- - - - - - - 1/Month Grab01114 - Lead, Total Recoverable - ug/lAll- - - - - - - 1/Month Grab01118 - Chromium, Total Recoverable -ug/lAll- - - - - - - 1/Month GrabPart I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. During the period beginning on the effective date of the permit and lasting until the expiration date, the permittee is authorized to dischargein accordance with the following limitations and monitoring requirements from outfall 1IB00001608. See Part II, OTHER REQUIREMENTS,for locations of effluent sampling.Table - Internal Monitoring Station - 608 - FinalPage 121IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths01119 - Copper, Total Recoverable - ug/lAll- - - - - - - 1/Month Grab50050 - Flow Rate - MGDAll- - - - - - - 1/Month Grab50092 - Mercury, Total (Low Level) - ng/lAll- - - - - - - 1/Month GrabNotes for station 1IB00001608:- For mercury monitoring, see Part II, Item O.- Samples collected at this outfall for mercury must be collected one detention time after samples collected at influent station 601.Page 131IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths00530 - Total Suspended Solids - mg/lQuarterly100 - - 30 - - - 1/Quarter Grab00550 - Oil and Grease, Total - mg/lQuarterly20 - - 15 - - - 1/Quarter Grab50050 - Flow Rate - MGDAll- - - - - - - 1/Day 24hr Total EstimatePart I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. During the period beginning on the effective date and lasting until the expiration date, thepermittee is authorized to discharge inaccordance with the following limitations and monitoring requirements from outfall1IB00001611. See Part II, OTHER REQUIREMENTS,for locations of effluent sampling.Table - Internal Monitoring Station - 611 - FinalNotes for station 1IB00001611:1. Sampling shall be performed when discharging. If NO DISCHARGE OCCURS DURING THE ENTIRE MONTH:a. eDMR users should select the "No Discharge" check box on the data entry form and enter"No discharge during the month" in the RemarksSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day ofthe month on the 4500 Form. Sign the form.2. For Total Suspended Solids and Oil and Grease, a spatial composite representing the total plant discharge ofboiler blowdown may be utilized.3. Flow Rate shall be reported daily except on days when the facility is not normally staffed. On those days, report "AN" on the monthlyreport.Page 141IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths00980 - Iron, Total Recoverable - ug/lAll1000 - - 1000 - - - When Disch. Composite01119 - Copper, Total Recoverable - ug/lAll1000 - - 1000 - - - When Disch. Composite50050 - Flow Rate - MGDAll- - - - - - - 1/Day 24hr Total EstimatePart I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. During the period beginning on the effective date and lasting until the expiration date, thepermittee is authorized to discharge inaccordance with the following limitations and monitoring requirements from outfall1IB00001612. See Part II, OTHER REQUIREMENTS,for locations of effluent sampling.Table - Internal Monitoring Station - 612 - FinalNotes for station 1IB00001612:1. Sampling shall be performed when discharging. If NO DISCHARGE OCCURS DURING THE ENTIRE MONTH:a. eDMR users should select the "No Discharge" check box on the data entry form and enter"No discharge during the month" in the RemarksSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day ofthe month on the 4500 Form. Sign the form.2. Flow Rate shall be reported on a daily basis except on days when the facility is not normally staffed. On those days, report "AN" on themonthly report.3. The composite sample for Total Copper and Total Iron shall consist of at least three grab samples, the first taken within one minute fromwhen discharging starts, the second when approximately half of the original wastewater volume remains, and the last within three minutes ofceasing to discharge.. Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. Storm Water. During the period beginning on the effective date of this permit and lasting until the expiration date, the permittee isauthorized to discharge in accordance with the following limitations and monitoring requirements from outfalls 1IB00001020, 1IB00001021,1IB00001022*. See Part II, OTHER REQUIREMENTS, for locations effluent sampling.Page 151IB00001*ID* These outfalls are limited to storm water runoff only.2. See Parts IV, V, and VI for additional requirements regarding storm water pollution prevention plans andmonitoring.3. Samples taken in compliance with monitoring requirements specified above shall be taken at Sampling Stations described in Part II,OTHER REQUIREMENTS.Page 161IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths80991 - Sludge Volume, Gallons - GalsDecember- - - - - - - 1/Year TotalPart I, B. - SLUDGE MONITORING REQUIREMENTS1. Sludge Monitoring. During the period beginning on the effective date and lasting until the expiration date, the permittee shall monitor thetreatment works' final sludge at Station Number 1IB00001588, and report to the Ohio EPA in accordance with the following table. See PartII, OTHER REQUIREMENTS, for location of sludge sampling.Table - Sludge Monitoring - 588 - FinalNOTES for Station Number 1IB00001588:- Monitoring is required when sewage sludge is removed from the permittee’s facility for transfer to another NPDES permit holder. The totalsludge weight or sludge volume transferred to another NPDES permit holder for the entire year shall be reported on the December DischargeMonitoring Report (DMR).- If no sewage sludge is removed from the Permittee’s facility for transfer to another NPDES permit holder during the year:1) eDMR users should select the "No Discharge" check box on the data entry form for December and enter "No discharge during the month"in the Remarks Section. PIN the eDMR.2) Permittees reporting on paper should report "AL" in the first column of the first dayof December on the 4500 Form. Sign the form.Page 171IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths50092 - Mercury, Total (Low Level) - ng/lAll- - - - - - - 1/Month GrabPart I, B. - INFLUENT MONITORING REQUIREMENTS2. Influent Monitoring. During the period beginning on the effective date of the permit and lasting until the expiration date, the permitteeshall monitor the treatment works' influent wastewater at Station Number 1IB00001601, and report to the Ohio EPA in accordance with thefollowing table. Samples of influent used for determination of net values or percent removal must be taken the same day as those samples ofeffluent used for that determination. See Part II, OTHER REQUIREMENTS, for location of influent sampling.Table - Influent Monitoring - 601 - FinalNOTES for Station Number 1IB00001601:- See Part II, Item O.- Samples collected at this station for mercury must be collected one detention time before samples collected at outfall 608 for mercury.Page 181IB00001*IDEffluent CharacteristicDischarge LimitationsMonitoring RequirementsParameterConcentration Specified UnitsMaximum Minimum Weekly Monthly Weekly MonthlyLoading* kg/dayDailyMeasuringFrequencySamplingTypeMonitoringMonths00011 - Water Temperature - FAll- - - - - - - 1/Day Continuous00530 - Total Suspended Solids - mg/lAll- - - - - - - 1/Month GrabPart I, B. - INTAKE MONITORING REQUIREMENTS3. Intake Monitoring. During the period beginning on the effective date of the permit and lasting until the expiration date, the permittee shallmonitor the Intake at Station Number 1IB00001801, and report to the Ohio EPA in accordance with the following table. See Part II, OTHERREQUIREMENTS, for location of sampling.Table - Intake Monitoring - 801 - FinalPage 19 1IB00001*ID 

### Part I, C. - SCHEDULE OF COMPLIANCE

Industrial Construction Schedule

1. The permittee shall achieve compliance with the final effluent limitations f or outfall 1IB00001001 as specified in Part I.A. of this NPDES permit as expeditiously as practicable. In any event, the permittee shall attain final compliance not later than the dates developed in accordance with the following schedule:

a. The permittee shall submit to the appropriate Ohio EPA district office a stat us report on the installation of a continuous temperature monitor for achieving final compliance for outfall 1IB00001001 as soon as possible, but no later than one month from the effective date of this permit. (Event Code 88899)

b. The permittee shall initiate installation as soon as possible, but not later than tw o months from the effective date of this permit .

c. The permittee shall have completed the installation as soon as possible, but not later than six months from the effective date of this permit.

d. The permittee shall have attained full compliance with the final effluent limi tations for outfall 1IB00001001as soon as possible, but not later than six monts from the effective date of this permit. (Event Code 97899)

2. Minimizing Spillage at Coal Unloading Facility

As soon as possible but not later than 12 months after the effective date of this permit, the permittee shall submit a plan for minimizing spillage of coal and coal fines into t he Ohio River and onto the stream bank at the coal unloading facility for the Miami Fort Stati on. (Event Code 21599)

a. This plan shall be submitted to the Ohio EPA Southwest District Office and shall include the following elements:

- a description of all best management practices and good housekeeping practices whic h will be used to minimize spillage of coal and coal fines; - an explanation of any construction which will be undertaken or operational measures employed which will minimize spillage of coal and coal fines; - a schedule for any proposed construction; - a schedule for implementation of all measures proposed to minimize spillage.

b. The plan shall be reviewed by Ohio EPA, and comments will developed and provided to the permittee. The permittee will begin implementation of the plan once it is acceptable to Ohio EPA no later than 24 months after the effective date of the permit.Page 20 1IB00001*ID 

### Part II, OTHER REQUIREMENTS

A. Description of the location of the required sampling stations are as follows:

Sampling Station Description of Location

______________________________________________________________ 1IB00001001 Condenser cooling water discharge prior to the Ohio River . (Lat:39N 06' 40"; Long: 84W 48' 15") 1IB00001002 Ash pond discharge prior to the Ohio River . (Lat:39N 06' 31"; Long: 84W 48' 32") 1IB00001006 Sanitary wastewater discharge prior to the Ohio River . (Lat:39N 06' 42"; Long: 84W 48' 15") 1IB00001020 Storm water discharge to the Ohio River from area north . of the plant . (Lat:39N 06' 45"; Long: 84W 48' 30") 1IB00001021 Storm water discharge to the Ohio River from building roof . drains and plant yard area. . (Lat:39N 06' 45"; Long: 84W 48' 00") 1IB00001022 Storm water discharge to the Ohio River from the switchyard

. area. . (Lat:39N 06' 45"; Long: 84W 48' 30")

1IB00001040 This outfall is actually outfall 1IB00001001. The purpose . of this station is to allow the option of continuous chlorination/ . bromination in the non-contact cooling water system. . (Lat:39N 06' 40"; Long: 84W 48' 15") 1IB00001588 Sludge to be hauled to a POTW. 1IB00001601 Influent to FGD wastewater treatment system. 1IB00001608 FGD wastewater treatment system discharge prior to discharge . to ash pond. 1IB00001611 Boiler blowdown prior to combining with cooling water discharge . pipe. 1IB00001612 Boiler tube chemical cleaning wastewater prior to discharge to . the ash pond. 1IB00001801 Intake - Sample to be collected at the intake station located . on the Ohio River.Page 21 1IB00001*ID 

### B. This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent standard or limitation so issued or approved.

1. Contains different conditions or is otherwise more stringent than any effluent limi tation in the permit; or 2. Controls any pollutant not limited in the permit.

The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable.

C. All parameters, except flow, need not be monitored on days when the plant is not normally staffed (Saturdays, Sundays, and Holidays). On those days, report "AN" on the monthly report form.

D. In the event that the permittee's operation requires the use of cooling or boiler wate r treatment additives that are discharged to surface waters of the state, wri tten permission must be obtained from the director of the Ohio EPA prior to use. Discharges of these additives must meet Ohio Water Quality Standards and shall not be harmful or inimica l to aquatic life. Reporting and testing requirements to apply for permission to use additi ves can be obtained from the Ohio EPA, Central Office, Division of Surface Water, Industri al Permits Unit. This information is also available on the DSW website:

http://www.epa.state.oh.us/dsw/policy/policy_index.html.

E. Permit limitations may be revised in order to meet water quality standards a fter a stream use determination and waste load allocation are completed and approved. This permit may be modified, or alternatively, revoked and reissued, to comply with any applicable water quality effluent limitations.

F. There shall be no detectable amount of any priority pollutant attributable to cooling tower maintenance chemicals in the cooling tower blowdown wastewater.

G. There shall be no discharge of polychlorinated biphenyl compounds attributable to permittee's operations.

H. No discharges are permitted other than those stated in this permit except for int ake screen backwash.

I. The Director hereby recognizes that the requirements imposed upon the Duke Energy to maintain roof and area drains "Free from industrial contaminants," does not preclude the Duke Energy from presenting evidence concerning the scope and meaning of the phrase "Free from industrial contaminants," at any NPDES permit enforcement proceeding whether brought in an Ohio or Federal forum.Page 22 1IB00001*ID 

### J. Thermal Load and station operating output shall be determined and reported as specified below:

1. Calculate thermal load as the heat rejection rate for each unit using the followi ng formula and report the thermal load for all units for the maximum single hour for each calendar day.

Thermal Load (BTU x 106/hour) =. {(A x B)/100} - 3413 C

Where:. A = Gross heat rate (BTU/hour) . B = % Boiler efficiency . C = Unit operating output (Kilowatts)

2. Report station operating output in (megawatt) for all units for the maximum single hour for each calendar day.

K. If Severity Units are required for Turbidity, Odor, or Color, use the following table t o determine the value between 0 and 4 that is reported.

REPORTED SEVERITY VALUE* DESCRIPTION TURBIDITY ODOR COLOR

_________________________________________________________________
0 None Clear None Colorless 1 Mild 2 Moderate Light Solids Musty Grey 3 Serious 4 Extreme Heavy Solids Septic Black

_________________________________________________________________ * Interpolate between the descriptive phrases.

L. Composite samples shall be comprised of at least three grab samples proportionat e in volume to the sewage flow rate at the time of sampling and collected at intervals of at least 30 minutes, but not more than 2 hours, during the period that the plant is staffed on each day for sampling. Such samples shall be collected at such times and locations, and in such fashion, as to be representative of the facility's overall performance.

M. Grab samples shall be collected at such times and locations, and in such fashion, as to be representative of the facility's performance.Page 23 1IB00001*ID 

### N. The parameters below have had effluent limitations established that are below t he Ohio EPA Quantification Level (OEPA QL) for the approved analytical procedure promulgated at 40 CFR 136. OEPA QLs may be expressed as Practical Quantificati on Levels (PQL) or Minimum Levels (ML).

Compliance with an effluent limit that is below the OEPA QL is determined in accordance with ORC Section 6111.13 and OAC Rule 3745-33-07(C). For maximum effluent limits, any value reported below the OEPA QL shall be considered in complianc e with the effluent limit. For average effluent limits, compliance shall be dete rmined by taking the arithmetic mean of values reported for a specified averaging period, using zero (0) for any value reported at a concentration less than the OEPA QL, and comparing that mean to the appropriate average effluent limit. An arithmetic mean that is les s than or equal to the average effluent limit shall be considered in compliance with that lim it.

The permittee must utilize the lowest available detection method currently appr oved under 40 CFR Part 136 for monitoring these parameters.

REPORTING:

All analytical results, even those below the OEPA QL (listed below), shall be re ported. Analytical results are to be reported as follows:

1. Results above the QL: Report the analytical result for the parameter of concern.

2. Results above the MDL, but below the QL: Report the analytical result, even though it is below the QL.

3. Results below the MDL: Analytical results below the method detection limit sha ll be reported as "below detection" using the reporting code "AA".

The following table of quantification levels will be used to determine compliance wi th NPDES permit limits:

. Parameter PQL ML

. Chlorine, tot. res. 0.050 mg/l -- . Oxidants, tot. res. 0.050 mg/l --

This permit may be modified, or, alternatively, revoked and reissued, to include more stringent effluent limits or conditions if information generated as a result of t he conditions of this permit indicate the presence of these pollutants in the discharge at levels above the water quality based effluent limit (WQBEL).

O. Mercury Analytical Method: The permittee shall use either EPA Method 1631 or EPA Method 245.7 promulgated under 40 CFR 136 to comply with the influent and effluent mercury monitoring requirements of this permit.Page 24 1IB00001*ID 

### P. Operator Certification Requirements

1. Classification

a. In accordance with Ohio Administrative Code 3745-7-04, the sewage treatment facili ty at this facility shall be classified as a Class I facility.

b. All sewerage (collection) systems that are tributary to this treatme nt works are Class I sewerage systems in accordance with paragraph (B)(1)(a) of rule 3745-7-04 of the Ohi o Administrative Code.

2. Operator of Record

a. The permittee shall designate one or more operator of record to oversee the technica l operation of the treatment works and sewerage (collection) system in accordance with paragraph (A)(2) of rule 3745-7-02 of the Ohio Administrative Code.

b. Each operator of record shall have a valid certification of a class equal to or great er than the classification of the treatment works as defined in Part II, Item P.1 of thi s NPDES permit.

c. Within three days of a change in an operator of record, the permittee shall notify the Director of the Ohio EPA of any such change on a form acceptable to Ohio EPA. The appropriate form can be found at the following website:

http://www.epa.state.oh.us/ddagw/Documents/opcert/Operator_of_ Record_Notification_Form.pdf

3. Minimum Staffing Requirements

a. The permittee shall ensure that the treatment works operator of record is physic ally present at the facility in accordance with the minimum staffing requirements per paragraph (C)(1) of rule 3745-7-04 of the Ohio Administrative Code or the requirements from an approved 3745-7-04(C) minimum staffing hour reduction plan. The permittee shall meet the minimum staffing requirements within 12 months of the effective dat e of this permit.

b. If Ohio EPA approves a reduction in minimum staffing requirements based upon a facility operating plan, any change in the criteria under which the operating plan was approved (such as enforcement status, history of noncompliance, or provisions included in the plan) will require that the treatment works immediately return to the mini mum staffing requirements included in paragraph (C)(1) of rule 3745-7-04 of the Ohio Administrative Code.Page 25 1IB00001*ID 

### Q. Not later than 4 months from the effective date of this permit, the permittee shal l post a permanent marker on the stream bank at each outfall that is regulated under this NPD ES permit and discharges to the Ohio River. This includes final outfalls, bypasses, and combined sewer overflows. The marker shall consist at a minimum of the name of the establishment to which the permit was issued, the Ohio EPA permit number, and the outfall number and a contact telephone number. The information shall be printed in letters not less than two inches in height. The marker shall be a minimum of 2 feet by 2 feet and shall be a minimum of 3 feet above ground level. The sign shall be not be obstructed such that persons in boats or persons swimming on the river or someone fishing or walking along the shore cannot read the sign. Vegetation shall be periodically removed to keep the sign visible. If the outfall is normally submerged the sign shall indicate that . If the outfall is a combined sewer outfall, the sign shall indicate that untreated human sew age may be discharged from the outfall during wet weather and that harmful bacteria ma y be present in the water.

R. Monitoring Report Name Change

The name of the monitoring reports required for each effluent table contained in this permit has been changed from Monthly Operating Report (MOR) to Discharge Monitoring Report (DMR). The circumstances requiring the submittal of a DMR rem ain the same as those which were required for an MOR. Form 4500 must be used for DMR submittal.

S. Mercury Information for Next Renewal Application

Ohio rules for implementing water quality standards [OAC 3745-2-08(L)] require that mixing zones for bioaccumulative chemicals of concern (BCCs) be phased out as of November 15, 2010. This means that dischargers will need to meet water quality standards at the discharge point for BCCs after that date. Mercury is considered a BCC.

1) Based on an evaluation of mercury data for outfall 1IB00001002 collected using either Method 1631 or Method 245.7, the permittee shall submit one of the following to Ohio EPA with the next renewal application:

a) A letter stating that the discharge is able to comply with the water qualit y standard for mercury for average criteria of 12 ng/l; or

b) If the permittee determines that discharge concentrations of mercury will exceed the water quality standards for mercury without the construction of expensive end-of-pipe controls, a variance from the mercury water quality standards is available under pa ragraph (D)(10) of rule 3745-33-07. If the permittee determines it is eligible, it may submit an application for coverage under this mercury variance. Paragraphs (D)(10)(a) and (b) of rule 3745-33-07 include information on eligibility for coverage and list the information that must be included in the application; orPage 26 1IB00001*ID 

### c) If the permittee determines that discharge concentrations of mercury wil l exceed the water quality standards, and it is not eligible for coverage under the mercury varia nce available at paragraph (D)(10) of rule 3745-33-07, it may submit an application for an individual variance from water quality standards. Paragraph (D)(1-3) of rule 3745-33-07 provides information on the applicability and conditions of an individual variance. Paragraph (D)(4) of the rule list the information that must be included in the applicat ion.

Applications submitted under this item shall be sent to Ohio EPA, Division of Surface Water, NPDES Permit Unit, P.O. Box 1049, Columbus, OH, 43216-1049.

T. Mercury Removal Technology

1. The permittee shall evaluate and optimize the operation of the mercury removal treatment technology associated with the chloride purge stream (CPS) waste water discharge. With the next permit renewal application, the permittee shall include a report to Ohio EPA based upon the evaluation and optimization which includes, but is not limited to:

a. Mercury and total suspended solids (TSS) monitoring data for the influent to the CPS treatment works; b. Mercury and TSS monitoring data for the effluent from the CPS treatment works aft er solids removal and organo-sulfide mercury removal treatment; c. Dissolved and total recoverable monitoring data for mercury ; d. Discussion of all operational parameters which are adjusted and the levels of adjustment for optimization of the mercury removal and solids removal treatment wor ks; and e. Discussion of additional changes and/or additional treatment technology which could be employed to improve the removal of mercury.

2. Based upon the findings in the report required under Item T.1. above, including the mercury monitoring data, Ohio EPA may require additional treatment works to remove mercury from the CPS wastewater in the future at the Miami Fort Station.

U. Section 316(b) Compliance

If applicable, the permittee shall comply with any federal regulations which ar e adopted under Section 316(b) of the federal Clean Water Act (33 U.S.C. section 1326), including conducting the necessary studies and analyses, and submitting the required information t o Ohio EPA.

V. Section 316(a) Variance

The permittee is granted a renewal of the alternative thermal effluent lim itation pursuant to Section 316(a) of the Clean Water Act as amended by this permit, and shall operate the facility in accordance with the requirements of Part I.A. of this permit with re gard to the thermal discharge.1IB00001*ID Page 27

PART III - GENERAL CONDITIONS

1. DEFINITIONS

"Daily discharge" means the discharge of a pollutan t 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 p ollutant discharged over the day. For pollutants with limit ations expressed in other units of measurement, the "daily discharge" is calculated as the average meas urement of the pollutant over the day.

"Average weekly" discharge limitation means the hig hest allowable average of "daily discharges'' over a calendar week, calculated as the sum of all "daily discharges'' measured during a calendar week divide d by the number of "daily discharges'' measured durin g that week. Each of the following 7-day periods i s defined as a calendar week: Week 1 is Days 1 - 7 of the month; Week 2 is Days 8 - 14; Week 3 is Days 15 - 21; and Week 4 is Days 22 - 28. If the "daily discharge" on days 29, 30 or 31 exceeds the "avera ge weekly" discharge limitation, Ohio EPA may elect to evaluate the last 7 days of the month as Week 4 instead of Days 22 - 28. Compliance with fecal col iform bacteria or E coli bacteria limitations shall be determined using the geometric mean.

"Average monthly" discharge limitation means the hi ghest 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" measure d during that month. Compliance with fecal coliform bacteria or E coli bacteria limitations sh all be determined using the geometric mean.
"85 percent removal" means the arithmetic mean of t he values for effluent samples collected in a perio d of 30 consecutive days shall not exceed 15 percent of the arithmetic mean of the values for influent samples collected at approximately the same times d uring the same period.

"Absolute Limitations" Compliance with limitations having descriptions of "shall not be less than," "n or greater than," "shall not exceed," "minimum," or "m aximum" shall be determined from any single value for effluent samples and/or measurements collected.

"Net concentration" shall mean the difference betwe en the concentration of a given substance in a samp le taken of the discharge and the concentration of the same substances in a sample taken at the intake wh ich supplies water to the given process. For the purpo se of this definition, samples that are taken to determine the net concentration shall always be 24- hour composite samples made up of at least six increments taken at regular intervals throughout th e plant day.1IB00001*ID Page 28 Part III General Conditions (Con't)

"Net Load" shall mean the difference between the lo ad of a given substance as calculated from a sample taken of the discharge and the load of the same sub stance in a sample taken at the intake which suppli es water to given process. For purposes of this defin ition, samples that are taken to determine the net loading shall always be 24-hour composite samples m ade up of at least six increments taken at regular intervals throughout the plant day.

"MGD" means million gallons per day.

"mg/l" means milligrams per liter.

"ug/l" means micrograms per liter.

"ng/l" means nanograms per liter.

"S.U." means standard pH unit.

"kg/day" means kilograms per day.

"Reporting Code" is a five digit number used by the Ohio EPA in processing reported data. The reportin g code does not imply the type of analysis used nor t he sampling techniques employed.

"Quarterly (1/Quarter) sampling frequency" means th e sampling shall be done in the months of March, June, August, and December, unless specificially id entified otherwise in the Effluent Limitations and Monitoring Requirements table.

"Yearly (1/Year) sampling frequency" means the samp ling shall be done in the month of September, unless specificially identified otherwise in the ef fluent limitations and monitoring requirements tabl e.

"Semi-annual (2/Year) sampling frequency" means the sampling shall be done during the months of June and December, unless specificially identified other wise.

"Winter" shall be considered to be the period from November 1 through April 30.

"Bypass" means the intentional diversion of waste s treams from any portion of the treatment facility.

"Summer" shall be considered to be the period from May 1 through October 31.
"Severe property damage" means substantial physical damage to property, damage to the treatment facilities which would cause them to become inopera ble, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damag e does not mean economic loss caused by delays in pro duction.

"Upset" means an exceptional incident in which ther e is unintentional and temporary noncompliance with technology based permit effluent limitations becaus e of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improper ly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or car eless or improper operation.1IB00001*ID Page 29 Part III General Conditions (Con't)

"Sewage sludge" means a solid, semi-solid, or liqui d residue generated during the treatment of domesti c sewage in a treatment works as defined in section 6 111.01 of the Revised Code. "Sewage sludge" includes, but is not limited to, scum or solids rem oved in primary, secondary, or advanced wastewater treatment processes. "Sewage sludge" does not inclu de ash generated during the firing of sewage sludge in a sewage sludge incinerator, grit and screenings generated during preliminary treatment of domestic sewage in a treatment works, animal manure, residue generated during treatment of animal manure, or domestic septage.

"Sewage sludge weight" means the weight of sewage s ludge, in dry U.S. tons, including admixtures such as liming materials or bulking agents. Monitoring f requencies for sewage sludge parameters are based o n the reported sludge weight generated in a calendar year (use the most recent calendar year data when t he NPDES permit is up for renewal).

"Sewage sludge fee weight" means the weight of sewa ge sludge, in dry U.S. tons, excluding admixtures such as liming materials or bulking agents. Annual sewage sludge fees, as per section 3745.11(Y) of th e Ohio Revised Code, are based on the reported sludge fee weight for the most recent calendar year.

2. GENERAL EFFLUENT LIMITATIONS

The effluent shall, at all times, be free of substa nces:

A. In amounts that will settle to form putrescent, or otherwise objectionable, sludge deposits; or tha t will adversely affect aquatic life or water fowl;

B. Of an oily, greasy, or surface-active nature, an d of other floating debris, in amounts that will fo rm noticeable accumulations of scum, foam or sheen;

C. In amounts that will alter the natural color or odor of the receiving water to such degree as to cr eate a nuisance;

D. In amounts that either singly or in combination with other substances are toxic to human, animal, o r aquatic life;

E. In amounts that are conducive to the growth of a quatic weeds or algae to the extent that such growt hs become inimical to more desirable forms of aquatic life, or create conditions that are unsightly, or constitute a nuisance in any other fashion;

F. In amounts that will impair designated instream or downstream water uses.
3. FACILITY OPERATION AND QUALITY CONTROL

All wastewater treatment works shall be operated in a manner consistent with the following:

A. At all times, the permittee shall maintain in go od working order and operate as efficiently as poss ible all treatment or control facilities or systems inst alled or used by the permittee necessary to achieve compliance with the terms and conditions of this pe rmit. Proper operation and maintenance also includ es adequate laboratory controls and appropriate qualit y assurance procedures. This provision requires th e operation of back-up or auxiliary facilities or sim ilar systems which are installed by a permittee onl y when the operation is necessary to achieve complian ce with conditions of the permit.

B. The permittee shall effectively monitor the oper ation and efficiency of treatment and control facil ities and the quantity and quality of the treated dischar ge.

C. Maintenance of wastewater treatment works that r esults in degradation of effluent quality shall be scheduled during non-critical water quality periods and shall be carried out in a manner approved by Ohio EPA as specified in the Paragraph in the PART III entitled, "UNAUTHORIZED DISCHARGES".1IB00001*ID Page 30 Part III General Conditions (Con't)

4. REPORTING

A. Monitoring data required by this permit shall be submitted on Ohio EPA 4500 Discharge Monitoring Report (DMR) forms using the electronic DMR (e-DMR) internet application. e-DMR allows permitted facilities to enter, sign, and submit DMRs on the i nternet. It is accessed from the Ohio EPA eBusines s Center. The eBusiness Center is found on the follo wing web page:

http://www.epa.state.oh.us/dsw/swims/eDMR/eDMR.html

Alternatively, if you are unable to use e-DMR due t o a demonstrated hardship, monitoring data may be submitted on paper DMR forms provided by Ohio EPA. Monitoring data shall be typed on the forms. Please contact Ohio EPA, Division of Surface Water at (614) 644-2050 if you wish to receive paper DMR forms.
B. DMRs shall be signed by a facility's Responsible Official or a Delegated Responsible Official (i.e. a person delegated by the Responsible Official). The Responsible Official of a facility is defined as:

1. For corporations - a president, secretary, trea surer, or vice-president of the corporation in char ge of a principal business function, or any other person wh o performs similar policy or decision making functions for the corporation; or the manager of on e or more manufacturing, production or operating facilities, provided the manager is authorized to m ake management decisions which govern the operation of the regulated facility including having explicit or implicit duty of making major capital investmen t recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws an d regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for per mit application requirements; and where authority to si gn documents has been assigned or delegated to the manager in accordance with corporate procedures;

2. For partnerships - a general partner;

3. For a sole proprietorship - the proprietor; or,

4. For a municipality, state or other public facil ity - a principal executive officer, a ranking elec ted official or other duly authorized employee.

For e-DMR, the person signing and submitting the DM R will need to obtain an eBusiness Center account and Personal Identification Number (PIN). Addition ally, Delegated Responsible Officials must be delegated by the Responsible Official, either on-li ne using the eBusiness Center's delegation function , or on a paper delegation form provided by Ohio EPA. F or more information on the PIN and delegation processes, please view the following web page:

http://www.epa.state.oh.us/dsw/swims/eDMR/eDMRpin.h tml

C. DMRs submitted using e-DMR shall be submitted t o Ohio EPA by the 20th day of the month following the month-of-interest. DMRs submitted on paper must include the original signed DMR form and shall be mailed to Ohio EPA at the following ad dress so that they are received no later than the 1 5th day of the month following the month-of-interest:
Ohio Environmental Protection Agency Lazarus Government Center Division of Surface Water - PCU P.O. Box 1049 Columbus, Ohio 43216-10491IB00001*ID Page 31 Part III General Conditions (Con't)

D. Regardless of the submission method, a copy of the submitted Ohio EPA 4500 DMR must be signed by a Responsible Official or a Delegated Responsibl e Official and maintained onsite for records retent ion purposes (see Section 7. RECORDS RETENTION). For e -DMR users, a copy of the DMR can be printed from e-DMR.

E. If the permittee monitors any pollutant at the l ocation(s) designated herein more frequently than required by this permit, using approved analytical methods as specified in Section 5. SAMPLING AND ANALYTICAL METHODS, the results of such monitoring shall be included in the calculation and reporting of the values required in the reports spe cified above.

F. Analyses of pollutants not required by this perm it, except as noted in the preceding paragraph, sha ll not be reported to the Ohio EPA, but records shall be retained as specified in Section 7. RECORDS RETENTION.

5. SAMPLING AND ANALYTICAL METHOD

Samples and measurements taken as required herein s hall be representative of the volume and nature of the monitored flow. Test procedures for the analys is of pollutants shall conform to regulation 40 CFR 136, "Test Procedures For The Analysis of Pollutant s" unless other test procedures have been specified in this permit. The permittee shall periodically cali brate and perform maintenance procedures on all monitoring and analytical instrumentation at interv als to insure accuracy of measurements.

6. RECORDING OF RESULTS

For each measurement or sample taken pursuant to th e requirements of this permit, the permittee shall record the following information:

A. The exact place and date of sampling; (time of s ampling not required on EPA 4500)

B. The person(s) who performed the sampling or meas urements;

C. The date the analyses were performed on those sa mples;

D. The person(s) who performed the analyses;

E. The analytical techniques or methods used; and

F. The results of all analyses and measurements.1IB00001*ID Page 32 Part III General Conditions (Con't)

7. RECORDS RETENTION

The permittee shall retain all of the following rec ords for the wastewater treatment works for a minim um of three years except those records that pertain to sewage sludge disposal, use, storage, or treatment

, which shall be kept for a minimum of five years, in cluding:

A. All sampling and analytical records (including i nternal sampling data not reported);

B. All original recordings for any continuous monit oring instrumentation;

C. All instrumentation, calibration and maintenance records;

D. All plant operation and maintenance records;

E. All reports required by this permit; and

F. Records of all data used to complete the applica tion for this permit for a period of at least three years, or five years for sewage sludge, from the date of t he sample, measurement, report, or application.

These periods will be extended during the course of any unresolved litigation, or when requested by th e Regional Administrator or the Ohio EPA. The three year period, or five year period for sewage sludge, for retention of records shall start from the date of sample, measurement, report, or application.

8. AVAILABILITY OF REPORTS

Except for data determined by the Ohio EPA to be en titled to confidential status, all reports prepared in accordance with the terms of this permit shall be a vailable for public inspection at the appropriate d istrict offices of the Ohio EPA. Both the Clean Water Act and Section 6111.05 Ohio Revised Code state that effluent data and receiving water quality data shal l not be considered confidential.

9. DUTY TO PROVIDE INFORMATION

The permittee shall furnish to the Director, within a reasonable time, any information which the Direc tor may request to determine whether cause exists for m odifying, revoking, and reissuing, or terminating t he permit, or to determine compliance with this permit . The permittee shall also furnish to the Director

, upon request, copies of records required to be kept by this permit.

10. RIGHT OF ENTRY

The permittee shall allow the Director or an author ized representative upon presentation of credential s and other documents as may be required by law to:

A. Enter upon the permittee's premises where a regu lated 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, an y records that must be kept under the conditions of the permit.

C. Inspect at reasonable times any facilities, equi pment (including monitoring and control equipment), practices, or operations regulated or required unde r this permit.

D. Sample or monitor at reasonable times, for the p urposes of assuring permit compliance or as otherwi se authorized by the Clean Water Act, any substances o r parameters at any location.1IB00001*ID Page 33 Part III General Conditions (Con't)

11. UNAUTHORIZED DISCHARGES

A. Bypassing or diverting of wastewater from the tr eatment works is prohibited unless:

1. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

2. There were no feasible alternatives to the bypas s, such as the use of auxiliary treatment facilitie s, retention of untreated wastes, or maintenance durin g normal periods of downtime. This condition is no t satisfied if adequate back up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occu rred during normal periods of equipment downtime or preventive maintenance; and

3. The permittee submitted notices as required unde r paragraph D. of this section,

B. If the permittee knows in advance of the need fo r a bypass, it shall submit prior notice, if possib le at least ten days before the date of the bypass.

C. The Director may approve an unanticipated bypass after considering its adverse effects, if the Dire ctor determines that it has met the three conditions lis ted in paragraph 11.A. of this section.

D. The permittee shall submit notice of an unantici pated bypass as required in section 12. A.

E. The permittee may allow any bypass to occur whic h does not cause effluent limitations to be exceede d if that bypass is for essential maintenance to assu re efficient operation.

12. NONCOMPLIANCE NOTIFlCATION

A. Exceedance of a Daily Maximum Discharge Limit

1. The permittee shall report noncompliance that is the result of any violation of a daily maximum discharge limit for any of the pollutants listed by the Director in the permit by e-mail or telephone within twenty-four (24) hours of discovery.

The permittee may report to the appropriate Ohio EP A district office e-mail account as follows (this method is preferred):

Southeast District Office: sedo24hournpdes@epa.st ate.oh.us Southwest District Office: swdo24hournpdes@epa.st ate.oh.us Northwest District Office: nwdo24hournpdes@epa.st ate.oh.us Northeast District Office: nedo24hournpdes@epa.s tate.oh.us Central District Office: cdo24hournpdes@epa. state.oh.us Central Office: co24hournpdes@ep a.state.oh.us

The permittee shall attach a noncompliance report t o the e-mail. A noncompliance report form is available on the following web site:

http://www.epa.state.oh.us/dsw/permits/permits.html
Or, the permittee may report to the appropriate Ohi o EPA district office by telephone toll-free betwee n 8:00 AM and 5:00 PM as follows:

Southeast District Office: (800) 686-7330 Southwest District Office: (800) 686-8930 Northwest District Office: (800) 686-6930 Northeast District Office: (800) 686-6330 Central District Office: (800) 686-2330 Central Office: (614) 644-20011IB00001*ID Page 34 Part III General Conditions (Con't)

The permittee shall include the following informati on in the telephone noncompliance report:

a. The name of the permittee, and a contact name an d telephone number;

b. The limit(s) that has been exceeded;

c. The extent of the exceedance(s);

d. The cause of the exceedance(s);

e. The period of the exceedance(s) including exact dates and times;

f. If uncorrected, the anticipated time the exceeda nce(s) is expected to continue; and,

g. Steps taken to reduce, eliminate or prevent occu rrence of the exceedance(s).

B. Other Permit Violations

1. The permittee shall report noncompliance that is the result of any unanticipated bypass resulting i n an exceedance of any effluent limit in the permit or a ny upset resulting in an exceedance of any effluent limit in the permit by e-mail or telephone within twenty- four (24) hours of discovery.

The permittee may report to the appropriate Ohio EP A district office e-mail account as follows (this method is preferred):

Southeast District Office: sedo24hournpdes@epa.st ate.oh.us Southwest District Office: swdo24hournpdes@epa.sta te.oh.us Northwest District Office: nwdo24hournpdes@epa.st ate.oh.us Northeast District Office: nedo24hournpdes@epa.st ate.oh.us Central District Office: cdo24hournpdes@epa.s tate.oh.us Central Office: co24hournpdes@epa .state.oh.us

The permittee shall attach a noncompliance report t o the e-mail. A noncompliance report form is available on the following web site:

http://www.epa.state.oh.us/dsw/permits/permits.html
Or, the permittee may report to the appropriate Ohi o EPA district office by telephone toll-free betwee n 8:00 AM and 5:00 PM as follows:

Southeast District Office: (800) 686-7330 Southwest District Office: (800) 686-8930 Northwest District Office: (800) 686-6930 Northeast District Office: (800) 686-6330 Central District Office: (800) 686-2330 Central Office: (614) 644-2001
The permittee shall include the following informati on in the telephone noncompliance report:

a. The name of the permittee, and a contact name an d telephone number;

b. The time(s) at which the discharge occurred, and was discovered;

c. The approximate amount and the characteristics o f the discharge;1IB00001*ID Page 35 Part III General Conditions (Con't)

d. The stream(s) affected by the discharge;

e. The circumstances which created the discharge;

f. The name and telephone number of the person(s) w ho have knowledge of these circumstances;

g. What remedial steps are being taken; and,

h. The name and telephone number of the person(s) r esponsible for such remedial steps.
2. The permittee shall report noncompliance that is the result of any spill or discharge which may endanger human health or the environment within thi rty (30) minutes of discovery by calling the 24-Hou r Emergency Hotline toll-free at (800) 282-9378. The permittee shall also report the spill or discharge by e-mail or telephone within twenty-four (24) hours o f discovery in accordance with B.1 above.
C. When the telephone option is used for the noncom pliance reports required by A and B, the permittee shall submit to the appropriate Ohio EPA district o ffice a confirmation letter and a completed noncompliance report within five (5) days of the di scovery of the noncompliance. This follow up repor t is not necessary for the e-mail option which alread y includes a completed noncompliance report.
D. If the permitee is unable to meet any date for a chieving an event, as specified in a schedule of compliance in their permit, the permittee shall sub mit a written report to the appropriate Ohio EPA district office within fourteen (14) days of becomi ng aware of such a situation. The report shall incl ude the following:

1. The compliance event which has been or will be v iolated;

2. The cause of the violation;

3. The remedial action being taken;

4. The probable date by which compliance will occur ; and,

5. The probability of complying with subsequent and final events as scheduled.
E. The permittee shall report all other instances o f permit noncompliance not reported under paragraph s A or B of this section on their monthly DMR submiss ion. The DMR shall contain comments that include the information listed in paragraphs A or B as appr opriate.

F. If the permittee becomes aware that it failed to submit an application, or submitted incorrect information in an application or in any report to t he director, it shall promptly submit such facts or information.

13. RESERVED

14. DUTY TO MITIGATE

The permittee shall take all reasonable steps to mi nimize or prevent any discharge in violation of thi s permit which has a reasonable likelihood of adverse ly affecting human health or the environment.

15. AUTHORIZED DISCHARGES

All discharges authorized herein shall be consisten t with the terms and conditions of this permit. Th e discharge of any pollutant identified in this permi t more frequently than, or at a level in excess of, that authorized by this permit shall constitute a violat ion of the terms and conditions of this permit. Su ch violations may result in the imposition of civil an d/or criminal penalties as provided for in Section 309 of the Act and Ohio Revised Code Sections 6111.09 and 6111.99.1IB00001*ID Page 36 Part III General Conditions (Con't)

16. DISCHARGE CHANGES

The following changes must be reported to the appro priate Ohio EPA district office as soon as practicable:

A. For all treatment works, any significant change in character of the discharge which the permittee knows or has reason to believe has occurred or will occur which would constitute cause for modificatio n or revocation and reissuance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requiremen ts. Notification of permit changes or anticipated nonco mpliance does not stay any permit condition.

B. For publicly owned treatment works:

1. Any proposed plant modification, addition, and/o r expansion that will change the capacity or effici ency of the plant;

2. The addition of any new significant industrial d ischarge; and

3. Changes in the quantity or quality of the wastes from existing tributary industrial discharges whic h will result in significant new or increased discharges o f pollutants.
C. For non-publicly owned treatment works, any prop osed facility expansions, production increases, or process modifications, which will result in new, di fferent, or increased discharges of pollutants.

Following this notice, modifications to the permit may be made to reflect any necessary changes in per mit conditions, including any necessary effluent limita tions for any pollutants not identified and limited herein. A determination will also be made as to wh ether a National Environmental Policy Act (NEPA) review will be required. Sections 6111.44 and 6111 .45, Ohio Revised Code, require that plans for treatment works or improvements to such works be ap proved by the Director of the Ohio EPA prior to initiation of construction.

D. In addition to the reporting requirements under 40 CFR 122.41(l) and per 40 CFR 122.42(a), all existing manufacturing, commercial, mining, and sil vicultural dischargers must notify the Director as soon as they know or have reason to believe:

1. That any activity has occurred or will occur whi ch 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 exce ed the highest of the "notification levels" specified in 4 0 CFR Sections 122.42(a)(1)(i) through 122.42(a)(1) (iv).

2. That any activity has occurred or will occur whi ch would result in any discharge, on a non-routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exce ed the highest of the "notification levels" specified in 1 22.42(a)(2)(i) through 122.42(a)(2)(iv).

17. TOXIC POLLUTANTS

The permittee shall comply with effluent standards or prohibitions established under Section 307 (a) o f the Clean Water Act for toxic pollutants within the time provided in the regulations that establish th ese standards or prohibitions, even if the permit has n ot yet been modified to incorporate the requirement

. Following establishment of such standards or prohib itions, the Director shall modify this permit and s o notify the permittee.1IB00001*ID Page 37 Part III General Conditions (Con't)

18. PERMIT MODIFICATION OR REVOCATION

A. After notice and opportunity for a hearing, this permit may be modified or revoked, by the Ohio EPA

, in whole or in part during its term for cause inclu ding, but not limited to, the following:

1. Violation of any terms or conditions of this per mit;

2. Obtaining this permit by misrepresentation or fa ilure to disclose fully all relevant facts; or

3. Change in any condition that requires either a t emporary or permanent reduction or elimination of t he permitted discharge.

B. Pursuant to rule 3745-33-04, Ohio Administrative Code, the permittee may at any time apply to the Ohio EPA for modification of any part of this permi t. The filing of a request by the permittee for a permit modification or revocation does not stay any permit condition. The application for modificatio n should be received by the appropriate Ohio EPA dist rict office at least ninety days before the date on which it is desired that the modification become ef fective. The application shall be made only on for ms approved by the Ohio EPA.

19. TRANSFER OF OWNERSHIP OR CONTROL

This permit may be transferred or assigned and a ne w owner or successor can be authorized to discharge from this facility, provided the following requirem ents are met:

A. The permittee shall notify the succeeding owner or successor of the existence of this permit by a l etter, a copy of which shall be forwarded to the appropria te Ohio EPA district office. The copy of that lett er will serve as the permittee's notice to the Directo r of the proposed transfer. The copy of that lette r shall be received by the appropriate Ohio EPA district of fice sixty (60) days prior to the proposed date of transfer;

B. A written agreement containing a specific date f or transfer of permit responsibility and coverage between the current and new permittee (including ac knowledgement that the existing permittee is liable for violations up to that date, and that the new pe rmittee is liable for violations from that date on) shall be submitted to the appropriate Ohio EPA district offi ce within sixty days after receipt by the district office of the copy of the letter from the permittee to the succeeding owner;

At anytime during the sixty (60) day period between notification of the proposed transfer and the effective date of the transfer, the Director may pr event the transfer if he concludes that such transf er will jeopardize compliance with the terms and conditions of the permit. If the Director does not prevent transfer, he will modify the permit to reflect the new owner.

20. OIL AND HAZARDOUS SUBSTANCE LIABILITY

Nothing in this permit shall be construed to preclu de the institution of any legal action or relieve t he permittee from any responsibilities, liabilities, o r penalties to which the permittee is or may be sub ject under Section 311 of the Clean Water Act.

21. SOLIDS DISPOSAL

Collected grit and screenings, and other solids oth er than sewage sludge, shall be disposed of in such a manner as to prevent entry of those wastes into wat ers of the state, and in accordance with all applic able laws and rules.

22. CONSTRUCTION AFFECTING NAVIGABLE WATERS

This permit does not authorize or approve the const ruction of any onshore or offshore physical structu res or facilities or the undertaking of any work in any navigable waters.1IB00001*ID Page 38 Part III General Conditions (Con't)

23. CIVIL AND CRIMINAL LIABILITY

Except as exempted in the permit conditions on UNAU THORIZED DISCHARGES or UPSETS, nothing in this permit shall be construed to relieve the pe rmittee from civil or criminal penalties for noncompliance.

24. STATE LAWS AND REGULATIONS

Nothing in this permit shall be construed to preclu de the institution of any legal action or relieve t he permittee from any responsibilities, liabilities, o r penalties established pursuant to any applicable state law or regulation under authority preserved by Sect ion 510 of the Clean Water Act.

25. PROPERTY RIGHTS

The issuance of this permit does not convey any pro perty rights in either real or personal property, o r any exclusive privileges, nor does it authorize any inj ury to private property or any invasion of personal rights, nor any infringement of federal, state, or local laws or regulations.

26. UPSET

The provisions of 40 CFR Section 122.41(n), relatin g to "Upset," are specifically incorporated herein by reference in their entirety. For definition of "up set," see Part III, Paragraph 1, DEFINITIONS.

27. SEVERABILITY

The provisions of this permit are severable, and if any provision of this permit, or the application o f any provision of this permit to any circumstance, is he ld invalid, the application of such provision to ot her circumstances, and the remainder of this permit, sh all not be affected thereby.
28. SIGNATORY REQUIREMENTS

All applications submitted to the Director shall be signed and certified in accordance with the requirements of 40 CFR 122.22.

All reports submitted to the Director shall be sign ed and certified in accordance with the requirement s of 40 CFR Section 122.22.

29. OTHER INFORMATION

A. Where the permittee becomes aware that it faile d to submit any relevant facts in a permit applicat ion or submitted incorrect information in a permit appl ication or in any report to the Director, it shall promptly submit such facts or information.

B. ORC 6111.99 provides that any person who falsifi es, tampers with, or knowingly renders inaccurate any monitoring device or method required to be main tained under this permit shall, upon conviction, be punished by a fine of not more than $25,000 per vio lation.

C. ORC 6111.99 states that any person who knowingly makes any false statement, representation, or certification in any record or other document submi tted or required to be maintained under this permit including monitoring reports or reports of complian ce or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per vio lation.

D. ORC 6111.99 provides that any person who violate s Sections 6111.04, 6111.042, 6111.05, or division (A) of Section 6111.07 of the Revised Code shall be fined not more than $25,000 or imprisoned not more than one year, or both.1IB00001*ID Page 39 Part III General Conditions (Con't)

30. NEED TO HALT OR REDUCE ACTIVITY

40 CFR 122.41(c) states that it shall not be a defe nse for a permittee in an enforcement action that i t would have been necessary to halt or reduce the per mitted activity in order to maintain compliance wit h conditions of this permit.

31. APPLICABLE FEDERAL RULES

All references to 40 CFR in this permit mean the ve rsion of 40 CFR which is effective as of the effect ive date of this permit.

32. AVAILABILITY OF PUBLIC SEWERS

Not withstanding the issuance or non-issuance of an NPDES permit to a semi-public disposal system, whenever the sewage system of a publicly owned trea tment works becomes available and accessible, the permittee operating any semi-public disposal system shall abandon the semi-public disposal system and connect it into the publicly owned treatment works.Page 40

Part IV. STORM WATER POLLUTION PREVENTION PLANS
A storm water pollution prevention plan (plan) shal l be developed to address each outfall that dischar ges to waters of the state that contains storm water associated with industrial activity. Storm water pollution preven tion plans shall be prepared in accordance with good engineering practi ces. The plan shall identify potential sources of p ollution which may reasonably be expected to affect the quality of storm water discharges associated with industrial activity from the facility. In addition, the plan shall describe and ensure the implementation of practices which are t o be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility and to as sure compliance with the terms and conditions of this permit. Facilities must implement the provisions of the storm water p ollution prevention plan required under this part as a condition of thi s permit.
A. Deadlines for Plan Preparation and Compliance.
1. The plan for a storm water discharge associated w ith industrial activity:
a. shall be prepared within six months of the effect ive date of this permit (and updated as appropriate ); b. shall provide for implementation and compliance w ith the terms of the plan within twelve months of t he effective date of this permit.
2. Upon a showing of good cause, the Director may es tablish a later date for preparing and compliance w ith a plan for a storm water discharge associated with in dustrial activity.
B. Signature and Plan Review.
1. The plan shall be signed in accordance with Part VI, and be retained on-site at the facility which g enerates the storm water discharge.
2. The permittee shall make plans available upon req uest to the Ohio EPA Director, or authorized repres entative, or Regional Administrator of U.S. EPA, or in the ca se of a storm water discharge associated with indus trial activity which discharges through a municipal separ ate storm sewer system, to the operator of the muni cipal system.
3. The Director may notify the permittee at any time that the plan does not meet one or more of the min imum requirements of this Part. Within 30 days of such notification from the Director, the permittee shall make the required changes to the plan and shall submit to th e Director a written certification that the request ed changes have been made.
4. All storm water pollution prevention plans requir ed under this permit are considered reports that sh all be available to the public under Section 308(b) of the Act. The permittee may claim any portion of a sto rm water pollution plan as confidential in accordance with 4 0 CFR Part 2 and does not have to release any porti on of the plan describing facility security measures (suc h as provided for in Part IV.D.7.b.(8) of this perm it). An interested party wishing a copy of a discharger's S WP3 will have to contact the Ohio EPA to obtain a c opy. C. Keeping Plans Current.
The permittee shall amend the plan whenever there i s a change in design, construction, operation, or maintenance, that has a significant effect on the p otential for the discharge of pollutants to the wat ers of the State or if the storm water pollution prevention plan pro ves to be ineffective in eliminating or significant ly minimizing pollutants from sources identified under Part IV.D. 2 of this permit, or otherwise achieving the genera l objectives of controlling pollutants in storm water discharges as sociated with industrial activity. Amendments to t he plan may be reviewed by Ohio EPA in the same manner as Part IV.B above.

D. Contents of Plan. The plan shall include, at a minimum, the followi ng items:
1. Pollution Prevention Team - Each plan shall ident ify a specific individual or individuals within the facility organization as members of a storm water Pollution Prevention Team that are responsible for developing the storm water pollution prevention plan and assisting the facility or plant manager in its implementatio n, maintenance, and revision. The plan shall clearly identify the responsibilities of each team member. The activities and responsibilities of the team shall a ddress all aspects of the facility's storm water po llution prevention plan.
2. Description of Potential Pollutant Sources. Each plan shall provide a description of potential sour ces which may reasonably be expected to add significant amoun ts of pollutants to storm water discharges or which may result in the discharge of pollutants during dry we ather from separate storm sewers draining the facil ity. Each plan shall identify all activities and significant materials which may potentially be significant poll utant sources. Each plan shall include, at a minimum:Page 41

Part IV. STORM WATER POLLUTION PREVENTION PLANS (c ontinued)
D. (continued)
a. Drainage.
(1) A site map indicating an outline of the drainage area of each storm water outfall, each existing structural control measure to reduce pollutants in storm water runoff, surface water bodies, locations where significant materials are exposed to precipit ation, locations where major spills or leaks identified under Part IV.D.2.c of this permit have occurred, and the locations of the following activities where such activities are exposed to pre cipitation: fueling stations, vehicle
and equipment maintenance and/or cleaning areas, lo ading/unloading areas, locations used for the treatment, storage or disposal of wastes, liquid st orage tanks, processing areas and storage areas.
(2) For each area of the facility that generates sto rm water discharges associated with industrial acti vity with a reasonable potential for containing signific ant amounts of pollutants, a prediction of the direction of flow, and an estimate of the types of pollutants which are likely to be present in storm water discharges associated with industrial activit y. Flows with a significant potential for causing erosion shall be identified.
b. Inventory of Exposed Materials. An inventory of the types of materials handled at the site that po tentially may be exposed to precipitation. Such inventory sh all include a narrative description of significant materials that have been handled, treated, stored o r disposed in a manner to allow exposure to storm water between the time of three years prior to the date of the issuance of this permit and the present ; method and location of on-site storage or disposal; materials management practices employed to minimize contact of materials with storm water runo ff between the time of three years prior to the dat e of the issuance of this permit and the present; the l ocation and a description of existing structural an d nonstructural control measures to reduce pollutants in storm water runoff; and a description of any treat ment the storm water receives.
c. Spills and Leaks. A list of significant spills an d significant leaks of toxic or hazardous pollutant s that occurred at the facility after the date of three ye ars prior to the effective date of this permit.
d. Sampling Data. A summary of existing discharge sa mpling data describing pollutants in storm water discharges from the facility.
e. Risk Identification and Summary of Potential Poll utant Sources. A narrative description of the pote ntial pollutant sources at the following areas: loading a nd unloading operations; outdoor storage activities ; outdoor manufacturing or processing activities; sig nificant dust or particulate generating processes; and on-site waste disposal practices. The description shall specifically list any significant potential s ource of pollutants at the site and for each potential sourc e, any pollutant or pollutant parameter (e.g. bioch emical oxygen demand, etc.) of concerns shall be identifie d.
3. Measures and Controls. Each facility covered by this permit shall develop a description of storm wa ter management controls appropriate for the facility, a nd implement such controls. The appropriateness an d priorities of controls in a plan shall reflect iden tified potential sources of pollutants at the facil ity. The description of storm water management controls shal l address the following minimum components, includi ng a schedule for implementing such controls:
a. Good Housekeeping - Good housekeeping requires th e maintenance of a clean, orderly facility.
b. Preventive Maintenance - A preventive maintenance program shall involve inspection and maintenance o f storm water management devices (e.g. cleaning oil/w ater separators, catch basins) as well as inspectin g and testing facility equipment and systems to uncov er conditions that could cause breakdowns or failur es resulting in discharges of pollutants to surface wa ters, and ensuring appropriate maintenance of such equipment and systems.
c. Spill Prevention and Response Procedures - Area s where potential spills can occur, and their accompanying drainage points shall be identified cl early in the storm water pollution prevention plan. Where appropriate, specifying material handling pro cedures, storage requirements, and use of equipment such as diversion valves in the plan should be cons idered. Procedures for cleaning up spills shall be identified in the plan and made available to the ap propriate personnel. The necessary equipment to implement a clean up should be available to personn el.Page 42

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)
D. (continued)
d. Inspections - In addition to or as part of the co mprehensive site evaluation required under Part IV. 4. of this permit, qualified facility personnel shall be ident ified to inspect designated equipment and areas of the facility at appropriate intervals specified in the plan. A set of tracking or follow-up procedures sh all be used to ensure that appropriate actions are taken i n response to the inspections. Records of inspecti ons shall be maintained.
e. Employee Training - Employee training programs sh all inform personnel at all levels of responsibilit y of the components and goals of the storm water pollution p revention plan. Training should address topics suc h as spill response, good housekeeping and material m anagement practices. The plan shall identify periodic dates for such training.
f. Recordkeeping and Internal Reporting Procedures - A description of incidents such as spills, or oth er discharges, along with other information describing the quality and quantity of storm water discharges shall be included in the plan required under this p art. Inspections and maintenance activities shall be documented and records of such activities shall be incorporated into the plan.
g. Non-Storm Water Discharges
(1) The plan shall include a certification that the discharge has been tested or evaluated for the presence of non-storm water discharges. The certif ication shall include the identification of potenti al significant sources of non-storm water at the site, a description of the results of any test and/or evaluation for the presence of non-stor m water discharges, the evaluation criteria or testing method used, the date of any testing and/or evaluation, and the on-site drainage points that were directly observed during the test. Such certi fication may not be feasible if the facility operat ing the storm water discharge associated with industria l activity does not have access to an outfall, manhole, or other point of access to the ultimate c onduit which receives the discharge. In such cases, the source identification section of the sto rm water pollution plan shall indicate why the certification required by this part was not feasibl e, along with the identification of potential signi ficant sources of non-storm water at the site. A discharg er that is unable to provide the certification required by this paragraph must notify in accordanc e with Part IV.A of this permit.
(2) Except for flows from fire fighting activities, sources of non-storm water listed in Part VI of thi s permit that are combined with storm water discharges assoc iated with industrial activity must be identified in the plan. The plan shall identify and ensure th e implementation of appropriate pollution preventio n measures for the non-storm water component(s) of th e discharge.
h. Sediment and Erosion Control - The plan shall ide ntify areas which, due to topography, activities, o r other factors, have a high potential for significant soil erosion, and identify measures to limit erosion.
i. Management of Runoff - The plan shall contain a n arrative consideration of the appropriateness of traditional storm water management practices (pract ices other than those which control the source of pollutants) used to divert, infiltrate, reuse, or o therwise manage storm water runoff in a manner that reduces pollutants in storm water discharges from t he site. The plan shall provide that measures determined to be reasonable and appropriate shall b e implemented and maintained. The potential of various sources at the facility to contribute pollu tants to storm water discharges associated with ind ustrial activity (see Parts IV.D.2.(b), (d) and (e) of this permit) shall be considered when determining reaso nable and appropriate measures. Appropriate measures may include: including vegetative swales and practices, reuse of collected storm water (such as for a process or as an irrigation source), inlet co ntrols (such as oil/water separators), snow management act ivities, infiltration devices, and wet detention/retention devices.
4. Comprehensive Site Compliance Evaluation. Qualif ied personnel shall conduct site compliance evaluat ions at appropriate intervals specified in the plan, but, e xcept as provided in paragraph IV.D.4.d, in no case less than once a year. Such evaluations shall provide:
a. Material handling areas and other potential sourc es of pollution identified in the plan in accordanc e with paragraph IV.D.2 of this permit shall be visually i nspected for evidence of, or the potential for, pol lutants entering the drainage system. Structural storm wat er management measures, sediment and control measures, and other structural pollution prevention measures identified in the plan shall be observed to ensure that they are operating correctly. A visual inspection of equipment needed to implement the pl an, such as spill response equipment, shall be made.Page 43

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)
D. (continued)
b. Based on the results of the inspection, the descr iption of potential pollutant sources identified in the plan in accordance with paragraph IV.D.2 of this permit and pollution prevention measures and controls identif ied in the plan in accordance with paragraph IV.D.3 of this permit shall be revised as appropriate within two weeks of such inspection and shall provide for impl ementation of any changes to the plan in a timely manner, but in no case more than twelve weeks after the inspection.
c. A report summarizing the scope of the inspection, personnel making the inspection, the date(s) of th e inspection, major observations relating to the impl ementation of the storm water pollution prevention plan, and actions taken in accordance with paragraph IV.D .4.b of the permit shall be made and retained as pa rt of the storm water pollution prevention plan for at least three years. The report shall be signed in accordance with Part VI.B of this permit.
5. Additional requirements for storm water discharge s associated with industrial activity through munic ipal separate storm sewer systems serving a population o f 100,000 or more.
In addition to the applicable requirements of this permit, facilities covered by this permit must comp ly with applicable requirements in municipal storm water ma nagement programs developed under NPDES permits issued for the discharge of the municipal separate storm sewer system that receives the facility's dis charge, provided the discharger has been notified of such c onditions.
6. Consistency with other plans. Storm water pollut ion prevention plans may reflect requirements for S pill Prevention Control and Countermeasure (SPCC) plans developed for the facility under section 311 of the Act or Best Management Practices (BMP) Programs otherwi se required by a NPDES permit for the facility as l ong as such requirement is incorporated into the storm water pollution prevention plan.
7. Additional requirements for storm water discharge s associated with industrial activity from faciliti es subject to SARA Title III, Section 313 requirements are not ap plicable to Section 313 water priority chemicals in gaseous or non-soluble liquid or solid [at atmospheric pres sure and temperature] forms. In addition to the re quirements of Parts IV.D.1 through 4 of this permit and other applicable conditions of this permit, storm water p ollution prevention plans for facilities subject to reportin g requirements under SARA Title III, Section 313 fo r chemicals which are classified as "Section 313 water priority chemicals" in accordance with the definition in Pa rt VI of this permit, shall describe and ensure the implementatio n of practices which are necessary to provide for conformance with the following guidelines:
a. In areas where Section 313 water priority chemica ls are stored, processed or otherwise handled, appropriate containment, drainage control and/or di versionary structures shall be provided. At a mini mum, one of the following preventive systems or its equi valent shall be used:
(1) Curbing, culverting, gutters, sewers or other fo rms of drainage control to prevent or minimize the potential for storm water run-on to come into conta ct with significant sources of pollutants; or (2) Roofs, covers or other forms of appropriate prot ection to prevent storage piles from exposure to storm water, and wind blowing.

b. In addition to the minimum standards listed under Part IV.D.7.a of this permit, the storm water poll ution prevention plan shall include a complete discussion of measures taken to conform with the following applicable guidelines, other effective storm water pollution prevention procedures, and applicable Sta te rules, regulations and guidelines:
(1) Liquid storage areas where storm water comes int o contact with any equipment, tank, container, or other vessel used for Section 313 water priority ch emicals.
(a) No tank or container shall be used for the stora ge of a Section 313 water priority chemical unless its material and construction are compatible with the material stored and conditions of storage such as pressure and temperature, etc.
(b) Liquid storage areas for Section 313 water prior ity chemicals shall be operated to minimize discharges of Section 313 chemicals. Appropriate m easures to minimize discharges of Section 313 chemicals may include secondary contain ment provided for at least the entire contents of the largest single tank plus sufficient freeboard to allow for precipitation, a strong spill contingency and integrity testing plan, and/o r other equivalent measures.Page 44

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)
D. (continued)

(2) Material storage areas for Section 313 water pri ority chemicals other than liquids. Material storage areas for Section 313 water priority chemic als other than liquids which are subject to runoff, leaching, or wind blowing shall incorporate drainage or other control features which will minimize the discharge of Section 313 water priorit y chemicals by reducing storm water contact with Section 313 water priority chemicals.
(3) Truck and rail car loading and unloading areas f or liquid Section 313 water priority chemicals. Truck and rail car loading and unloading areas for liquid Section 313 water priority chemicals shall be operated to minimize discharges of Section 313 water priority chemicals. Appropriate measures to minimize discharges of Section 313 chem icals may include: the placement and maintenance of drip pans where spillage may occur ( such as hose connections, hose reels and filler nozzles) for use when making and breaking ho se connections; a strong spill contingency and integrity testing plan; and/or other equivalent measures. (4) In facility areas where Section 313 water priori ty chemicals are transferred, processed or otherwise handled. Processing equipment and materia ls handling equipment shall be operated so as to minimize discharges of Section 313 water p riority chemicals. Materials used in piping and equipment shall be compatible with the substanc es handled. Drainage from process and materials handling areas shall be designed as descr ibed in paragraphs (a), (b) and (c) of this section. Additional protection such as covers or g uards to prevent wind blowing, spraying or releases from pressure relief vents from causing a discharge of Section 313 water priority chemicals to the drainage system, and overhangs or door skirts to enclose trailer ends at truck loading/unloading docks shall be provided as approp riate. Visual inspections or leak tests shall be provided for overhead piping conveying Section 3 13 water priority chemicals without secondary containment.
(5) Discharges from areas covered by paragraphs (1), (2), (3) or (4).
(a) Drainage from areas covered by paragraphs (1), ( 2), (3) or (4) of this part should be restrained by valves or other positive means to pre vent the discharge of a spill or other excessive leakage of Section 313 water priority che micals. Where containment units are employed, such units may be emptied by pumps or eje ctors; however, these shall be manually activated.
(b) Flapper-type drain valves shall not be used to d rain containment areas. Valves used for the drainage of containment areas should, as far as is practical, be of manual, open-andclosed design.
(c) If facility drainage is not engineered as above, the final discharge of all in-facility storm sewers shall be equipped to be equivalent with a di version system that could, in the event of an uncontrolled spill of Section 313 water prior ity chemicals, return the spilled material to the facility.
(d) Records shall be kept of the frequency and estim ated volume (in gallons) of discharges from containment areas.
(6) Facility site runoff other than from areas cover ed by (1), (2), (3) or (4). Other areas of the fa cility (those not addressed in paragraphs (1), (2), (3) or (4)), from which runoff which may contain Section 313 water priority chemicals or spills of S ection 313 water priority chemicals could cause a discharge shall incorporate the necessary drainag e or other control features to prevent discharge of spilled or improperly disposed materia l and ensure the mitigation of pollutants in runoff or leachate.Page 45

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)
D. (continued)

(7) Preventive maintenance and housekeeping. All ar eas of the facility shall be inspected at specific intervals for leaks or conditions that could lead t o discharges of Section 313 water priority chemicals or direct contact of storm water with raw materials, intermediate materials, waste materials or products. In particular, facility pip ing, pumps, storage tanks and bins, pressure vessels, process and material handling equipment, a nd material bulk storage area shall be examined for any conditions or failures which could cause a discharge. Inspection shall include examination for leaks, wind blowing, corrosion, sup port or foundation failure, or other forms of deterioration or non-containment. Inspection inter vals shall be specified in the plan and shall be based on design and operational experience. Diff erent areas may require different inspection intervals. Where a leak or other condition is disc overed which may result in significant releases of Section 313 water priority chemicals to the drai nage system, corrective action shall be immediately taken or the unit or process shut down until corrective action can be taken. When a leak or non-containment of a Section 313 water prio rity chemical has occurred, contaminated soil, debris, or other material must be promptly re moved and disposed in accordance with Federal, State, and local requirements and as descr ibed in the plan.
(8) Facility security. Facilities shall have the ne cessary security systems to prevent accidental or intentional entry which could cause a discharge. S ecurity systems described in the plan shall address fencing, lighting, vehicular traffic contro l, and securing of equipment and buildings.
(9) Training. Facility employees and contractor per sonnel using the facility shall be trained in and informed of preventive measures at the facility. E mployee training shall be conducted at intervals specified in the plan, but not less than once per y ear, in matters of pollution control laws and regulations, and in the storm water pollution preve ntion plan and the particular features of the facility and its operation which are designed to mi nimize discharges of Section 313 water priority chemicals. The plan shall designate a person who i s accountable for spill prevention at the facility and who will set up the necessary spill em ergency procedures and reporting requirements so that spills and emergency releases of Section 31 3 water priority chemicals can be isolated and contained before a discharge of a Section 313 water priority chemical can occur. Contractor or temporary personnel shall be informed of facility o peration and design features in order to prevent discharges or spills from occurring.
8. Additional Requirements for Salt Storage. Storag e piles of salt used for deicing or other commercia l or industrial purposes and which generate a storm wate r discharge associated with industrial activity whi ch is discharged to surface waters of the State shall be enclosed or covered to prevent exposure to precipit ation, except for exposure resulting from adding or removi ng materials from the pile within two years of the effective date of this permit. Piles do not need to be enclo sed or covered where storm water from the pile is n ot discharged to surface waters of the State.Page 46

Part V. NUMERIC EFFLUENT LIMITATIONS AND MONITORIN G REQUIREMENTS

A. Coal Pile Runoff Effluent Limitations. Any discharge of coal pile runoff is authorized to discharge as of the effective date of this permit and shall comply with the following effluent limitations as expeditiousl y as practicable, but no later than three years after the effective d ate of this permit. Coal pile runoff shall not be diluted with storm water or other flow in order to meet these limitati ons.

Units Parameter Daily Minimum Daily Maximum
mg/l Total Suspended Solids - 50 S.U. pH 6.0 9.0
Any untreated overflow from facilities designed, co nstructed and operated to treat the volume of coal pile runoff which is associated with 10 year, 24-hour rainfall event shall not be subject to the limitation for To tal Suspended Solids. It is the permittee’s responsibility to de monstrate to the Ohio EPA that a 10-year, 24-hour r ainfall event has occurred and the volume of the overflow to which th e Total Suspended Solids effluent limitation does n ot apply.
B. Monitoring Requirements. Only the activities described in the following ma trix and associated definitions are required to conduct monitoring. The monitoring req uired in the following matrix shall be conducted an nually. Monitoring shall be initiated within twelve months of the effective date of this permit and henceforth on an annual basis, weather conditions permitting. A permittee may, in lieu of annual monitoring, certify that ind ustrial materials are not exposed to storm water; such certification shall be submitted to the Ohio EPA upon request of the Director.

1. MONITORING REQUIREMENTS MATRIX

Reporting Units Parameter INDUSTRIAL ACTIVITY CATEGORIES

a b 1,3 c d e f g h i 2 j k l 1

mg/l Oil and Grease X X X X X X X X X X X

mg/l 5-day Biochemical Oxygen Demand X X X

mg/l Chemical Oxygen Demand X X X X X X X X

mg/l Total Suspended Solids X X X X X X X X X X

mg/l Total Kjeldahl Nitrogen X X

mg/l Phosphorus X

S.U. pH X X X X X X X X X X X

TU a Acute Toxicity

Hours Duration of Storm Event X X X X X X X X X X X

Inches Precipitation X X X X X X X X X X X

Hours Duration Between Storm Events* X X X X X X X X X X X

Gallons Volume (est) X X X X X X X X X X X

mg/l Nitrate-Nitrogen

mg/l Nitrite-Nitrogen

: g/l Lead, Total X X X

: g/l Cadmium, Total X 3 X

: g/l Copper, Total X 3 X X X X

: g/l Arsenic, Total X 3 X X

: g/l Chromium, Total X 3 X X

mg/l Ammonia

: g/l Magnesium, Total XPage 47

Part V. NUMERIC EFFLUENT LIMITATIONS AND MONITORIN G REQUIREMENTS (continued) B. (continued)

Reporting Units Parameter INDUSTRIAL ACTIVITY CATEGORIES

a b 1,3 c d e f g h i 2 j k l 1

: g/l Magnesium, Dissolved X

mg/l Total Dissolved Solids X

mg/l Total Organic Carbon X

: g/l Barium, Total X

mg/l Cyanide, Total X

: g/l Mercury, Total X

: g/l Selenium, Total X

: g/l Silver, Total X

: g/l Pentachlorophenol X

: g/l Nickel, Total X X

: g/l Zinc, Total X X

#/100ml Fecal Coliform X
* Time between the storm event when sampling is bein g conducted and the last storm event producing rainfall greater than 0.1 inches. (1) and any pollutant limited in an effluent guideli ne or categorical pretreatment standard which the f acility is subject. (2) and the primary ingredient used in the deicing m aterials used at the site (e.g., ethylene glycol, u rea, etc.). (3) Facilities that are classified as SIC 33 only be cause they manufacture pure silicon and/or semicond uctor grade silicon are not required to monitor for this parameter.

2. Industrial Activity Categories Definitions

a. Section 313 of SARA Title III Facilities. As of the effective date of this permit, facilities with storm water discharges associated with industrial activity that are subject to requirements to report releases int o the environment under Section 313 of SARA Title III for chemicals which are classified as 'Section 313 wat er priority chemicals' are not (as they may have been in a previous permit) required to monitor storm wat er that is discharged from the facility unless require d by paragraphs V.B.2.b through B.2.l.
b. Primary Metal Industries. Facilities with storm water discharges associated with industrial activit y classified as Standard Industrial Classification (S IC) 33 (Primary Metal Industry) are required to mon itor such storm water that is discharged from the facili ty.
c. Land Disposal Units/Incinerators/BIFs. Facilitie s with storm water discharges associated with indus trial activity from any active or inactive landfill, land application sites or open dump without a stabilize d final cover that has received any industrial wastes from a facility with a Standard Industrial Classificatio n (SIC) of between 20-39 (manufacturing); and incinerators (including Boilers and Industrial Furnaces (BIFs)) that burn hazardous waste and operate under interim stat us or a permit under Subtitle C of RCRA, are required to monitor such storm water that is discha rged from the facility.
d. Wood Treatment Using Chlorophenolic Formulations. Facilities with storm water discharges associated with industrial activity from areas that are used f or wood treatment, wood surface application or stor age of treated or surface protected wood at any wood prese rving or wood surface facilities are required to monitor such storm water that is discharged from th e facility.
e. Wood Treatment Using Creosote Formulations. Faci lities with storm water discharges associated with industrial activity from areas that are used for wo od treatment, wood surface application or storage o f treated or surface protected wood at any wood prese rving or wood surface facilities are required to monitor such storm water that is discharged from th e facility.Page 48

Part V. NUMERIC EFFLUENT LIMITATIONS AND MONITORIN G REQUIREMENTS (continued)
B. (continued)
f. Wood Treatment Using Chromium-Arsenic Formulation s. Facilities with storm water discharges associated with industrial activity from areas that are used for wood treatment, wood surface applicat ion or storage of treated or surface protected wood at any wood preserving or wood surface facilities are required to monitor such storm water that is discha rged from the facility.
g. Coal Pile Runoff. Facilities with storm water di scharges associated with industrial activity from c oal pile runoff are required to monitor such storm water tha t is discharged from the facility.
h. Battery Reclaimers. Facilities with storm water discharges associated with industrial activity from areas used for storage of lead acid batteries, reclamatio n products, or waste products, and areas used for l ead acid battery reclamation (including material handli ng activities) at facilities that reclaim lead acid batteries are required to monitor such storm water that is di scharged from the facility.
i. Airports. At airports with over 50,000 flight op erations per year, facilities with storm water disc harges associated with industrial activity from areas wher e aircraft or airport deicing operations occur (inc luding runways, taxiways, ramps, and dedicated aircraft de icing stations) are required to monitor such storm water that is discharged from the facility.
j. Coal-fired Steam Electric Facilities. Facilities with storm water discharges associated with indust rial activity from coal handling sites at coal fired ste am electric power generating facilities (other than discharges in whole or in part from coal piles subj ect to storm water effluent guidelines at 40 CFR 42 3 - which are not eligible for coverage under this perm it) are required to monitor such storm water that i s discharged from the facility.
k. Animal Handling / Meat Packing. Facilities with storm water discharges associated with industrial a ctivity from animal handling areas, manure management (or s torage) areas, and production waste management (or storage) areas that are exposed to precipitatio n at meat packing plants, poultry packing plants, a nd facilities that manufacture animal and marine fats and oils, are required to monitor such storm water that is discharged from the facility.

l. Additional Facilities. Facilities with storm wat er discharges associated with industrial activity t hat:
(1) come in contact with storage piles for solid che micals used as raw materials that are exposed to precipitation at facilities classified as SIC 30 (R ubber and Miscellaneous Plastics Products) or SIC 2 8 (Chemicals and Allied Products);
(2) are from those areas at automobile junkyards wit h any of the following: (A) over 250 auto/truck bo dies with drivelines (engine, transmission, axles, and w heels), 250 drivelines, or any combination thereof (in whole or in parts) are exposed to storm water; (B) over 500 auto/truck units (bodies with or witho ut drivelines in whole or in parts) are stored exposed to storm water; or (C) over 100 units per year are dismantled and drainage or storage of automotive fl uids occurs in areas exposed to storm water;
(3) come into contact with lime storage piles that a re exposed to storm water at lime manufacturing facilities;
(4) are from oil handling sites at oil fired steam e lectric power generating facilities;
(5) are from cement manufacturing facilities and cem ent kilns (other than discharges in whole or in par t from material storage piles subject to storm water effluent guidelines at 40 CFR 411 - which are not eligible for coverage under this permit);
(6) are from ready-mixed concrete facilities; or
(7) are from ship building and repairing facilities;
are required to monitor such storm water discharged from the facility.Page 49

Part V. NUMERIC EFFLUENT LIMITATIONS AND MONITORIN G REQUIREMENTS (continued)
B. (continued)
3. Sample Type. Take a minimum of one grab sample f rom the discharge resulting from a storm event that is greater than 0.1 inches in magnitude and that occur s at least 72 hours from the previously measurable (greater than 0.1 inch rainfall) storm event. The grab sample shall be taken during the first thirty minutes of the discharge. If the collection of a grab sample during the first thirty minutes is impracticable, a grab sample can be taken during the first hour of the discharge , and the discharger shall submit with the monitori ng report a description of why a grab sample during the first t hirty minutes was impracticable.
4. Sampling Waiver. When a discharger is unable to collect samples due to adverse climatic conditions, the discharger must submit in lieu of sampling data a d escription of why samples could not be collected, i ncluding available documentation of the event. Adverse clim atic conditions which may prohibit the collection o f samples includes weather conditions that create dan gerous conditions for personnel (such as local floo ding, high winds, hurricane, tornadoes, electrical storms , etc.) or otherwise make the collection of a sampl e impracticable (drought, extended frozen conditions, etc.).
5. Representative Discharge. When a facility has tw o or more outfalls that, based on a consideration o f features and activities within the area drained by the outfa ll, the permittee reasonably believes discharge sub stantially identical effluents, the permittee may test the eff luent of one of such outfalls and report that the q uantitative data also applies to the substantially identical ou tfalls. In addition, for each outfall that the pe rmittee believes is representative, an estimate of the size of the d rainage area (in square feet) and an estimate of th e runoff coefficient of the drainage area (e.g. low (under 4 0%), medium (40% to 65%) or high (above 65%)) shal l be provided.
C. Toxicity Testing. Not Required.

D. Alternative Certification of "Not Present or No E xposure." You are not subject to the analytical monitoring requirement of this part provided: you make a cert ification for a given outfall, or on a pollutant-by -pollutant basis in lieu of monitoring required under this part, that m aterial handling equipment or activities, raw mater ials, intermediate products, final products, waste materi als, by-products, industrial machinery or operation s, or significant materials from past industrial activity that are located in areas of the facility within t he drainage area of the outfall are not presently exposed to storm wate r and are not expected to be exposed to storm water for the certification period; and your certification is sig ned in accordance with Attachment VI.G and retained in the SWP3. If you cannot certify for an entire period, you mus t note the date exposure was eliminated and perform any monitoring required up until that date.Page 50

Part VI. OTHER STORM WATER REQUIREMENTS, DEFINITIO NS AND AUTHORIZATION
A. Failure to Certify. Any facility that is unable to provide the certif ication required under paragraph IV.D.3.g.(1) (testing for non-storm water discharges), must noti fy the Director within 180 days of the effective da te of this permit. Such notification shall describe: the proc edure of any test conducted for the presence of non -storm water discharges; the results of such test or other relev ant observations; potential sources of non-storm wa ter discharges to the storm sewer; and why adequate tes ts for such storm sewers were not feasible.
B. Signatory Requirements. See Part III.28.

C. Definitions.
"Section 313 water priority chemical " means a chemical or chemical categories which are : 1) are listed at 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Ri ght-to-Know Act of 1986; 2) are present at or above threshold levels at a facility subject to SARA Titl e III, Section 313 reporting requirements; and 3) t hat meet at least one of the following criteria: (i) are listed in Ap pendix D of 40 CFR 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, a nd phenols) or Table V (certain toxic pollutants an d hazardous substances); (ii) are listed as a hazardous substan ce pursuant to section 311(b)(2)(A) of the Act at 4 0 CFR 116.4; or (iii) are pollutants for which EPA has published acute or chronic water quality criteria.
"Significant materials " includes, but is not limited to: raw materials; f uels; materials such as solvents, detergents, and plastic pellets; finished materials such as met allic products; raw materials used in food processi ng or production; hazardous substances designated under s ection 101(14) of CERCLA; any chemical the facility is required to report pursuant to Section 313 of Title III of SARA; fertilizers; pesticides; and waste pr oducts such as ashes, slag and sludge that have the potential to b e released with storm water discharges.
"Significant spills " includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (see 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (see 40 CFR 302.4).

"Storm Water " means storm water runoff, snow melt runoff, and s urface runoff and drainage.

"Definition of Storm Water Associated with Industri al Activity " means the discharge from any conveyance which is used for collecting and conveying storm water and w hich is directly related to manufacturing, processi ng or raw materials storage areas at an industrial plant. Th e term does not include discharges from facilities or activities excluded from the NPDES program. For the categorie s of industries identified in subparagraphs (i) thr ough (x) of this subsection, the term includes, but is not limi ted to, storm water discharges from industrial plan t yards; immediate access roads and rail lines used or trave led by carriers of raw materials, manufactured prod ucts, waste material, or by-products used or created by the fac ility; material handling sites; refuse sites; sites used for the application or disposal of process waste waters (as defined at 40 CFR 401); sites used for the storage and maintenance of material handling equipment; sites u sed for residual treatment, storage, or disposal; s hipping and receiving areas; manufacturing buildings; storage a reas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial a ctivity has taken place in the past and significant materials remain and are exposed to storm water. For the cat egories of industries identified in subparagraph (x i), the term includes only storm water discharges from all areas listed in the previous sentence (except access roa ds) where material handling equipment or activities, raw mate rials, intermediate products, final products, waste materials, byproducts, or industrial machinery are exposed to st orm water . For the purposes of this paragraph, material handling activities include the: storage, loading a nd unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separate from the plant's industrial activiti es, such as office buildings and accompanying parki ng lots as long as the drainage from the excluded areas is not mixe d with storm water drained from the above described areas. Industrial facilities (including industrial facilit ies that are Federally or municipally owned or oper ated that meet the description of the facilities listed in this paragr aph (i)-(xi)) include those facilities designated u nder 40 CFR 122.26(a)(1)(v). The following categories of facil ities are considered to be engaging in "industrial activity" for purposes of this subsection:
(i) Facilities subject to storm water effluent limit ations guidelines, new source performance standards , or toxic pollutant effluent standards under 40 CFR Sub chapter N (except facilities with toxic pollutant e ffluent standards which are exempted under category (xi) of this paragraph);
(ii) Facilities classified as Standard Industrial Cl assifications 24 (except 2434), 26 (except 265 and 267), 28 (except 283 and 285) 29, 311, 32 (except 323), 33, 3441, 373;Page 51

Part VI. OTHER STORM WATER REQUIREMENTS, DEFINITIO NS AND AUTHORIZATION (continued)
C. (continued)
(iii) Facilities classified as Standard Industrial C lassifications 10 through 14 (mineral industry) inc luding active or inactive mining operations (except for areas of coa l mining operations meeting the definition of a rec lamation area under 40 CFR 434.11(l)) and oil and gas explor ation, production, processing, or treatment operati ons, or transmission facilities that discharge storm water contaminated by contact with or that has come into contact with, any overburden, raw material, intermediate pr oducts, finished products, byproducts or waste prod ucts located on the site of such operations; inactive mi ning operations are mining sites that are not being actively mined, but which have an identifiable owner/operato r; (iv) Hazardous waste treatment, storage, or disposal facilities, including those that are operating und er interim status or a permit under Subtitle C of RCRA;
(v) Landfills, land application sites, and open dump s that have received any industrial wastes (waste t hat is received from any of the facilities described under this subsection) including those that are subject to regulation under Subtitle D of RCRA;
(vi) Facilities involved in the recycling of materia ls, including metal scrapyards, battery reclaimers, salvage yards, and automobile junkyards, including but not limited to those classified as Standard Industrial Classif ication 5015 and 5093;
(vii) Steam electric power generating facilities, i ncluding coal handling sites;
(viii) Transportation facilities classified as Stand ard Industrial Classifications 40, 41, 42 (except 4 221-25), 43, 44, 45, and 5171 which have vehicle maintenance sho ps, equipment cleaning operations, or airport deicing operations. Only those portions of the fac ility that are either involved in vehicle maintenan ce (including vehicle rehabilitation, mechanical repai rs, painting, fueling, and lubrication), equipment cleaning operations, airport deicing operations, or which ar e otherwise identified under paragraphs (i)-(vii) o r (ix)- (xi) of this subsection are associated with industr ial activity;
(ix) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, a nd reclamation of municipal or domestic sewage, inc luding land dedicated to the disposal of sewage sludge tha t are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR 403. Not included are farm lands, domestic gardens or la nds used for sludge management where sludge is beneficially reused and which are not physically lo cated in the confines of the facility, or areas tha t are in compliance with 40 CFR 503;
(x) Construction activity - This category of industr ial activity is not regulated under this permit.
(xi) Facilities under Standard Industrial Classifica tions 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within categories (ii)-(x)).

"SWPPP " means storm water pollution prevention plan to be completed as a condition of this permit (see Part IV of this permit).
"Time-weighted composite " means a composite sample consisting of a mixture of equal volume aliquots collected at a constant time interval.
"Waste pile " means any non-containerized accumulation of solid , non-flowing waste that is used for treatment or storage.
"10-year, 24-hour precipitation event " means the maximum 24-hour precipitation event wit h a probable reoccurrence interval of once in 10 years. This in formation is available in "Weather Bureau Technical Paper No. 40,", May 1961 and "NOAA Atlas 2," 1973 for the 11 Western States, and may be obtained from the Natio nal Climatic Center of the Environmental Data Service, National Oceanic and Atmospheric Administration, U. S. Department of Commerce.
"Bypass " means the intentional diversion of waste streams from any portion of the treatment facility.
"Upset " means an exceptional incident in which there is u nintentional and temporary noncompliance with technology based permit effluent limitations becaus e of factors beyond the reasonable control of the p ermittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed tr eatment facilities, inadequate treatment facilities, lack o f preventive maintenance, or careless or improper o peration.