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 as

"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. In

accordance with OAC 3745-1-05, this decision was reached only after examining a series

of technical alternatives, reviewing social and economic issues related to the degradation,

and considering all public and appropriate intergovernmental comments. The lowering of

water quality is necessary to accommodate important social or economic development 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 expiration

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: 51
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

00015 - Thermal Discharge - MillionBTU/Hr

3540 - - - - - - 1/Day Calculated 

00019 - Station Operating Output -Megawatts

- - - - - - - 1/Day Maximum 

00400 - pH - S.U. 9.0 6.0 - - - - - 1/Day Grab 

34044 - Oxidants, Total Residual - mg/l 0.05 - - - - - - 1/Day Grab 50050 - Flow Rate - MGD - - - - - - - 1/Day 24hr Total Es

50060 - Chlorine, Total Residual - mg/l 0.2 - - - - - - 1/Day Grab 

78739 - Chlorination/Bromination Duration- Minutes

120 - - - - - - 1/Day Estimate 

Part I, A. - INTERIM EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. During the period beginning on the effective and lasting for 6 months after the effective date, the permittee is authorized taccordance with the following limitations and monitoring requirements from outfall 1IB00001001. See Part II, OTHER REQfor locations of effluent sampling.Table - Final Outfall - 001 - Interim

Notes for Station Number 1IB00001001:* This outfall and associated parameters are effective when chlorination and/or bromination occurs for 2 hours per day or leand/or bromination is performed for longer than 2 hours per day, the final effluent limitations and monitoring requirements f1IB00001040 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 and TRO may not be discharged from this outfall for more than two hours per day. Simultaneous multi-unit chlorination/bropermitted. Analyses are to be performed by amperometric titration, Orion Residual Chlorine Electrode or other EPA method chlorination and/or bromination. The daily grab sample for TRC or TRO shall represent the maximum concentration dischachlorination and/or bromination.2. TRO reflect the use of bromine compounds. Bromine can be used separately or in combination with chlorine. These limwhen bromine is used. This parameter is used to reflect the approved concentration of 1-bromo-3-chloro-5, 5 dimethylhydanamount 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 monthly operatinwhen 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 (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 monththese 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 monthSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day of the month on the 4500 Form. Sign 
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

00011 - Water Temperature - F - - - - - - - 1/Day Maximum Ind

Thermometer

00015 - Thermal Discharge - MillionBTU/Hr

3540 - - - - - - 1/Day Calculated 

00019 - Station Operating Output -Megawatts

- - - - - - - 1/Day Maximum 

00400 - pH - S.U. 9.0 6.0 - - - - - 1/Day Grab 

34044 - Oxidants, Total Residual - mg/l 0.05 - - - - - - 1/Day Grab 50050 - Flow Rate - MGD - - - - - - - 1/Day 24hr Total Es

50060 - Chlorine, Total Residual - mg/l 0.2 - - - - - - 1/Day Grab 

78739 - Chlorination/Bromination Duration- Minutes

120 - - - - - - 1/Day Estimate 

Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. During the period beginning 6 months from the effective date and lasting until the expiration date , the permittee is authorin accordance with the following limitations and monitoring requirements from outfall 1IB00001001. See Part II, OTHER Rfor locations of effluent sampling.Table - Final Outfall - 001 - Final

Notes for Station Number 1IB00001001:* This outfall and associated parameters are effective when chlorination and/or bromination occurs for 2 hours per day or leand/or bromination is performed for longer than 2 hours per day, the final effluent limitations and monitoring requirements f1IB00001040 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 and TRO may not be discharged from this outfall for more than two hours per day. Simultaneous multi-unit chlorination/bropermitted. Analyses are to be performed by amperometric titration, Orion Residual Chlorine Electrode or other EPA method chlorination and/or bromination. The daily grab sample for TRC or TRO shall represent the maximum concentration dischachlorination and/or bromination.2. TRO reflect the use of bromine compounds. Bromine can be used separately or in combination with chlorine. These limwhen bromine is used. This parameter is used to reflect the approved concentration of 1-bromo-3-chloro-5, 5 dimethylhydanamount may only be discharged for no more than 2 hours per day.
amount 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 monthly operatinwhen 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 (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 monththese 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 monthSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day of the month on the 4500 Form. Sign 
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

00400 - pH - S.U. 9.0 6.0 - - - - - 1/Month Grab 

00515 - Residue, Total Dissolved - mg/l - - - - - - - 1/Month Grab 

00530 - Total Suspended Solids - mg/l 97 - - 30 5213 - 1612 1/Month Grab 00550 - Oil and Grease, Total - mg/l 20 - - 15 1075 - 806 1/Month Grab 00610 - Nitrogen, Ammonia (NH3) - mg/l - - - - - - - 1/Quarter Grab 00625 - Nitrogen Kjeldahl, Total - mg/l - - - - - - - 1/Quarter Grab 00630 - Nitrite Plus Nitrate, Total - mg/l - - - - - - - 1/Quarter Grab 00978 - Arsenic, Total Recoverable - ug/l - - - - - - - 1/Quarter Grab 00981 - Selenium, Total Recoverable - ug/l - - - - - - - 1/Quarter Grab 00999 - Boron, Total Recoverable - ug/l - - - - - - - 1/Quarter Grab 01009 - Barium, Total Recoverable - ug/l - - - - - - - 1/Quarter Grab 01074 - Nickel, Total Recoverable - ug/l - - - - - - - 1/Quarter Grab 01094 - Zinc, Total Recoverable - ug/l - - - - - - - 1/Quarter Grab 01113 - Cadmium, Total Recoverable - ug/l - - - - - - - 1/Quarter Grab 01114 - Lead, Total Recoverable - ug/l - - - - - - - 1/Quarter Grab 01118 - Chromium, Total Recoverable -ug/l

- - - - - - - 1/Quarter Grab 

01119 - Copper, Total Recoverable - ug/l - - - - - - - 1/Quarter Grab 50050 - Flow Rate - MGD - - - - - - - 1/Day 24hr Total Es50092 - Mercury, Total (Low Level) - ng/l - - - - - - - 1/Quarter Grab 

Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. During the period beginning on the effective date and lasting until the expiration date, the permittee is authorized to dischaccordance with the following limitations and monitoring requirements from outfall 1IB00001002. See Part II, OTHER REQfor locations of effluent sampling.Table - Final Outfall - 002 - Final
Notes 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 montSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day of the month on the 4500 Form. Sign - Flow data to be reported on a daily basis except on days when facility is not normally staffed. On those days report "AN" oreport form.- For mercury monitoring, see Part II, Item O.
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

00083 - Color, Severity - Units - - - - - - - 1/Day Estimate 

00400 - pH - S.U. 9.0 6.0 - - - - - 1/Month Grab 

00530 - Total Suspended Solids - mg/l 45 - - 30 11.9 - 7.9 1/Month Grab 

01094 - Zinc, Total Recoverable - ug/l - - - - - - - 1/Quarter Grab 01119 - Copper, Total Recoverable - ug/l - - - - - - - 1/Quarter Grab 01330 - Odor, Severity - Units - - - - - - - 1/Day Estimate 01350 - Turbidity, Severity - Units - - - - - - - 1/Day Estimate 31616 - Fecal Coliform - #/100 ml 2000 - - 1000 - - - 1/Month Grab 

31616 - Fecal Coliform - #/100 ml 400 - - 200 - - - 1/Month Grab 

50050 - Flow Rate - MGD - - - - - - - 1/Day 24hr Total Es

80082 - CBOD 5 day - mg/l 40 - - 25 10.6 - 6.6 1/Month Grab 

Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS1. During the period beginning on the effective date and lasting until the expiration date, the permittee is authorized to dischaccordance with the following limitations and monitoring requirements from outfall 1IB00001006. See Part II, OTHER REQfor locations of effluent sampling.Table - Final Outfall - 006 - Final

Notes 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 montSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day of the month on the 4500 Form. Sign 
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

00010 - Water Temperature - C - - - - - - - 1/Day Maximum Ind

Thermometer

00015 - Thermal Discharge - MillionBTU/Hr

3540 - - - - - - 1/Day Calculated 

00019 - Station Operating Output -Megawatts

- - - - - - - 1/Day Maximum 

00400 - pH - S.U. 9.0 6.0 - - - - - 1/Day Grab 

34044 - Oxidants, Total Residual - mg/l 0.01 - - - - - - 1/Day Grab 50050 - Flow Rate - MGD - - - - - - - 1/Day 24hr Total Es

50060 - Chlorine, Total Residual - mg/l 0.023 - - - - - - 1/Day Grab 78739 - Chlorination/Bromination Duration- Minutes

- - - - - - - 1/Day Estimate 

Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. During the period beginning on the effective date and lasting until the expiration date, the permittee is authorized to dischaccordance with the following limitations and monitoring requirements from outfall 1IB00001040. See Part II, OTHER REQfor locations of effluent sampling.Table - Final Outfall - 040 - Final

Notes for Station 1IB00001040* Station 1IB00001040 is actually 1IB00001001. The purpose of this station is to allow the option of continuous chlorinatithe non-contact cooling water system. If only intermittent (i.e., 2 hours or less per day) chlorination and/or bromination occumonth, state this in the remarks section, leave the data area blank and report other information under 1IB00001001. This staassociated parameters are effective only when chlorine and/or bromine is used for more than 2 hours per day.
1. The Total Residual Chlorine (TRC) and Total Residual Oxidants (TRO) limits are the maximum allowed at the outfall at and TRO may not be discharged from this outfall for more than two hours per day. Simultaneous multi-unit chlorination/bropermitted. Analyses are to be performed by amperometric titration, Orion Residual Chlorine Electrode or other EPA method chlorination and/or bromination. The daily grab sample for TRC or TRO shall represent the maximum concentration dischachlorination and/or bromination.2. TRO reflect the use of bromine compounds. Bromine can be used separately or in combination with chlorine. These limiwhen bromine is used. This parameter is used to reflect the approved concentration of 1-bromo-3-chloro-5, 5 dimethylhydanamount 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 monthly operatinwhen 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 (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 fo6. 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 monthSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day of the month on the 4500 Form. Sign 
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

00011 - Water Temperature - F - - - - - - - 1/Week Grab 

00095 - Specific Conductance at 25Degrees C - Umho/cm

- - - - - - - 1/Week Grab 

00400 - pH - S.U. - - - - - - - 1/Week Grab 00410 - Alkalinity, Total (CaCO3) - mg/l - - - - - - - 1/Week Grab 00515 - Residue, Total Dissolved - mg/l - - - - - - - 1/Month Grab 00530 - Total Suspended Solids - mg/l - - - - - - - 1/Week Grab 00940 - Chloride, Total - mg/l - - - - - - - 1/Month Grab 00945 - Sulfate, (SO4) - mg/l - - - - - - - 1/Month Grab 00951 - Fluoride, Total (F) - mg/l - - - - - - - 1/Month Grab 00978 - Arsenic, Total Recoverable - ug/l - - - - - - - 1/Month Grab 00980 - Iron, Total Recoverable - ug/l - - - - - - - 1/Month Grab 01009 - Barium, Total Recoverable - ug/l - - - - - - - 1/Month Grab 01022 - Boron, Total - ug/l - - - - - - - 1/Month Grab 01055 - Manganese, Total (Mn) - ug/l - - - - - - - 1/Month Grab 01094 - Zinc, Total Recoverable - ug/l - - - - - - - 1/Month Grab 01113 - Cadmium, Total Recoverable - ug/l - - - - - - - 1/Month Grab 01114 - Lead, Total Recoverable - ug/l - - - - - - - 1/Month Grab 01118 - Chromium, Total Recoverable -ug/l

- - - - - - - 1/Month Grab 

Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. During the period beginning on the effective date of the permit and lasting until the expiration date, the permittee is authoin accordance with the following limitations and monitoring requirements from outfall 1IB00001608. See Part II, OTHER Rfor locations of effluent sampling.Table - Internal Monitoring Station - 608 - Final
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

01119 - Copper, Total Recoverable - ug/l - - - - - - - 1/Month Grab 

50050 - Flow Rate - MGD - - - - - - - 1/Month Grab 50092 - Mercury, Total (Low Level) - ng/l - - - - - - - 1/Month Grab 

Notes 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 
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

00530 - Total Suspended Solids - mg/l 100 - - 30 - - - 1/Quarter Grab 

00550 - Oil and Grease, Total - mg/l 20 - - 15 - - - 1/Quarter Grab 50050 - Flow Rate - MGD - - - - - - - 1/Day 24hr Total Es

Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. During the period beginning on the effective date and lasting until the expiration date, the permittee is authorized to dischaccordance with the following limitations and monitoring requirements from outfall 1IB00001611. See Part II, OTHER REQfor locations of effluent sampling.Table - Internal Monitoring Station - 611 - Final

Notes 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 montSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day of the month on the 4500 Form. Sign 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 report.
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

00980 - Iron, Total Recoverable - ug/l 1000 - - 1000 - - - When Disch. Composite 

01119 - Copper, Total Recoverable - ug/l 1000 - - 1000 - - - When Disch. Composite 

50050 - Flow Rate - MGD - - - - - - - 1/Day 24hr Total Es

Part I, A. - FINAL EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS

1. During the period beginning on the effective date and lasting until the expiration date, the permittee is authorized to dischaccordance with the following limitations and monitoring requirements from outfall 1IB00001612. See Part II, OTHER REQfor locations of effluent sampling.Table - Internal Monitoring Station - 612 - Final

Notes 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 montSection. PIN the eDMR.b. Permittees reporting on paper should report "AL" in the first column of the first day of the month on the 4500 Form. Sign 2. Flow Rate shall be reported on a daily basis except on days when the facility is not normally staffed. On those days, repomonthly report.3. The composite sample for Total Copper and Total Iron shall consist of at least three grab samples, the first taken within owhen discharging starts, the second when approximately half of the original wastewater volume remains, and the last within ceasing 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 peauthorized to discharge in accordance with the following limitations and monitoring requirements from outfalls 1IB00001021IB00001022*. See Part II, OTHER REQUIREMENTS, for locations effluent sampling.
* 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 OTHER REQUIREMENTS.
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

80991 - Sludge Volume, Gallons - Gals - - - - - - - 1/Year Total 

Part I, B. - SLUDGE MONITORING REQUIREMENTS1. Sludge Monitoring. During the period beginning on the effective date and lasting until the expiration date, the permittee s

treatment works' final sludge at Station Number 1IB00001588, and report to the Ohio EPA in accordance with the following II, OTHER REQUIREMENTS, for location of sludge sampling.Table - Sludge Monitoring - 588 - Final

NOTES for Station Number 1IB00001588:- Monitoring is required when sewage sludge is removed from the permittee’s facility for transfer to another NPDES permit sludge weight or sludge volume transferred to another NPDES permit holder for the entire year shall be reported on the DeceMonitoring 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 duin the Remarks Section. PIN the eDMR.2) Permittees reporting on paper should report "AL" in the first column of the first day of December on the 4500 Form. Sign 
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

50092 - Mercury, Total (Low Level) - ng/l - - - - - - - 1/Month Grab 

Part I, B. - INFLUENT MONITORING REQUIREMENTS2. Influent Monitoring. During the period beginning on the effective date of the permit and lasting until the expiration date, 

shall monitor the treatment works' influent wastewater at Station Number 1IB00001601, and report to the Ohio EPA in accofollowing table. Samples of influent used for determination of net values or percent removal must be taken the same day as teffluent used for that determination. See Part II, OTHER REQUIREMENTS, for location of influent sampling.Table - Influent Monitoring - 601 - Final

NOTES 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 f
Effluent Characteristic Discharge Limitations Monitoring Req

Parameter

Concentration Specified Units

Maximum Minimum Weekly Monthly Weekly Monthly

Loading* kg/day

Daily

Measuring

Frequency

Samplin

Type

00011 - Water Temperature - F - - - - - - - 1/Day Continuous 

00530 - Total Suspended Solids - mg/l - - - - - - - 1/Month Grab 

Part I, B. - INTAKE MONITORING REQUIREMENTS3. Intake Monitoring. During the period beginning on the effective date of the permit and lasting until the expiration date, th

monitor the Intake at Station Number 1IB00001801, and report to the Ohio EPA in accordance with the following table. See REQUIREMENTS, for location of sampling.Table - Intake Monitoring - 801 - Final
Page 19

1IB00001*ID

Part I, C. - SCHEDULE OF COMPLIANCE

Industrial Construction Schedule

1. The permittee shall achieve compliance with the final effluent limitations for 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 status 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 two

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 limitations 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 the Ohio

River and onto the stream bank at the coal unloading facility for the Miami Fort Station.

(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 which

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 limitation

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 water

treatment additives that are discharged to surface waters of the state, written 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 inimical to

aquatic life. Reporting and testing requirements to apply for permission to use additives

can be obtained from the Ohio EPA, Central Office, Division of Surface Water, Industrial

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 after 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 intake

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.
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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 following

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 to

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 proportionate 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.
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N. The parameters below have had effluent limitations established that are below the

Ohio EPA Quantification Level (OEPA QL) for the approved analytical procedure

promulgated at 40 CFR 136. OEPA QLs may be expressed as Practical Quantification

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 compliance

with the effluent limit. For average effluent limits, compliance shall be determined 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 less than or

equal to the average effluent limit shall be considered in compliance with that limit.

The permittee must utilize the lowest available detection method currently approved

under 40 CFR Part 136 for monitoring these parameters.

REPORTING:

All analytical results, even those below the OEPA QL (listed below), shall be reported.

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 shall be

reported as "below detection" using the reporting code "AA".

The following table of quantification levels will be used to determine compliance with

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 the

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.
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P. Operator Certification Requirements

1. Classification

a. In accordance with Ohio Administrative Code 3745-7-04, the sewage treatment facility

at this facility shall be classified as a Class I facility.

b. All sewerage (collection) systems that are tributary to this treatment works are Class I

sewerage systems in accordance with paragraph (B)(1)(a) of rule 3745-7-04 of the Ohio

Administrative Code.

2. Operator of Record

a. The permittee shall designate one or more operator of record to oversee the technical

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 greater

than the classification of the treatment works as defined in Part II, Item P.1 of this

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 physically

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 date 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 minimum

staffing requirements included in paragraph (C)(1) of rule 3745-7-04 of the Ohio

Administrative Code.
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Q. Not later than 4 months from the effective date of this permit, the permittee shall post

a permanent marker on the stream bank at each outfall that is regulated under this NPDES

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 sewage

may be discharged from the outfall during wet weather and that harmful bacteria may 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 remain

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 quality 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 paragraph

(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; or
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c) If the permittee determines that discharge concentrations of mercury will exceed the

water quality standards, and it is not eligible for coverage under the mercury variance

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 application.

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) wastewater

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 after

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 works;

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 are 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 to

Ohio EPA.

V. Section 316(a) Variance

The permittee is granted a renewal of the alternative thermal effluent limitation 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 regard to the

thermal discharge.
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Page 27

PART III - GENERAL CONDITIONS

1. DEFINITIONS

"Daily discharge" means the discharge of a pollutant measured during a calendar day or any 24-hour

period that reasonably represents the calendar day for purposes of sampling. For pollutants with

limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the pollutant

discharged over the day. For pollutants with limitations expressed in other units of measurement, the

"daily discharge" is calculated as the average measurement of the pollutant over the day.

"Average weekly" discharge limitation means the highest allowable average of "daily discharges'' over a

calendar week, calculated as the sum of all "daily discharges'' measured during a calendar week divided

by the number of "daily discharges'' measured during that week. Each of the following 7-day periods is

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 "average

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 coliform bacteria or E coli bacteria limitations shall be

determined using the geometric mean.

"Average monthly" discharge limitation means the highest allowable average of "daily discharges" over a

calendar month, calculated as the sum of all "daily discharges" measured during a calendar month

divided by the number of "daily discharges" measured during that month. Compliance with fecal

coliform bacteria or E coli bacteria limitations shall be determined using the geometric mean.

"85 percent removal" means the arithmetic mean of the values for effluent samples collected in a period

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 during the same period.

"Absolute Limitations" Compliance with limitations having descriptions of "shall not be less than," "nor

greater than," "shall not exceed," "minimum," or "maximum" shall be determined from any single value

for effluent samples and/or measurements collected.

"Net concentration" shall mean the difference between the concentration of a given substance in a sample

taken of the discharge and the concentration of the same substances in a sample taken at the intake which

supplies water to the given process. For the purpose 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 the plant day.
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Page 28 Part III General Conditions (Con't)

"Net Load" shall mean the difference between the load of a given substance as calculated from a sample

taken of the discharge and the load of the same substance in a sample taken at the intake which supplies

water to given process. For purposes of this definition, samples that are taken to determine the net

loading shall always be 24-hour composite samples made 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 reporting

code does not imply the type of analysis used nor the sampling techniques employed.

"Quarterly (1/Quarter) sampling frequency" means the sampling shall be done in the months of March,

June, August, and December, unless specificially identified otherwise in the Effluent Limitations and

Monitoring Requirements table.

"Yearly (1/Year) sampling frequency" means the sampling shall be done in the month of September,

unless specificially identified otherwise in the effluent limitations and monitoring requirements table.

"Semi-annual (2/Year) sampling frequency" means the sampling shall be done during the months of June

and December, unless specificially identified otherwise.

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

"Bypass" means the intentional diversion of waste streams 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 inoperable, or substantial and permanent loss of natural

resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage

does not mean economic loss caused by delays in production.

"Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with

technology based permit effluent limitations because of factors beyond the reasonable control of the

permittee. An upset does not include noncompliance to the extent caused by operational error, improperly

designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless

or improper operation.
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Page 29 Part III General Conditions (Con't)

"Sewage sludge" means a solid, semi-solid, or liquid residue generated during the treatment of domestic

sewage in a treatment works as defined in section 6111.01 of the Revised Code. "Sewage sludge"

includes, but is not limited to, scum or solids removed in primary, secondary, or advanced wastewater

treatment processes. "Sewage sludge" does not include 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 sludge, in dry U.S. tons, including admixtures such

as liming materials or bulking agents. Monitoring frequencies for sewage sludge parameters are based on

the reported sludge weight generated in a calendar year (use the most recent calendar year data when the

NPDES permit is up for renewal).

"Sewage sludge fee weight" means the weight of sewage 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 the

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 substances:

A. In amounts that will settle to form putrescent, or otherwise objectionable, sludge deposits; or that will

adversely affect aquatic life or water fowl;

B. Of an oily, greasy, or surface-active nature, and of other floating debris, in amounts that will form

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 create a

nuisance;

D. In amounts that either singly or in combination with other substances are toxic to human, animal, or

aquatic life;

E. In amounts that are conducive to the growth of aquatic weeds or algae to the extent that such growths

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 good working order and operate as efficiently as possible

all treatment or control facilities or systems installed or used by the permittee necessary to achieve

compliance with the terms and conditions of this permit. Proper operation and maintenance also includes

adequate laboratory controls and appropriate quality assurance procedures. This provision requires the

operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only

when the operation is necessary to achieve compliance with conditions of the permit.

B. The permittee shall effectively monitor the operation and efficiency of treatment and control facilities

and the quantity and quality of the treated discharge.

C. Maintenance of wastewater treatment works that results 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".
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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 internet. It is accessed from the Ohio EPA eBusiness

Center. The eBusiness Center is found on the following web page:

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

Alternatively, if you are unable to use e-DMR due to 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, treasurer, or vice-president of the corporation in charge of a

principal business function, or any other person who performs similar policy or decision making

functions for the corporation; or the manager of one or more manufacturing, production or operating

facilities, provided the manager is authorized to make management decisions which govern the operation

of the regulated facility including having explicit or implicit duty of making major capital investment

recommendations, and initiating and directing other comprehensive measures to assure long-term

environmental compliance with environmental laws and regulations; the manager can ensure that the

necessary systems are established or actions taken to gather complete and accurate information for permit

application requirements; and where authority to sign 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 facility - a principal executive officer, a ranking elected

official or other duly authorized employee.

For e-DMR, the person signing and submitting the DMR will need to obtain an eBusiness Center account

and Personal Identification Number (PIN). Additionally, Delegated Responsible Officials must be

delegated by the Responsible Official, either on-line using the eBusiness Center's delegation function, or

on a paper delegation form provided by Ohio EPA. For more information on the PIN and delegation

processes, please view the following web page:

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

C. DMRs submitted using e-DMR shall be submitted to 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 address so that they are received no later than the 15th

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 43216-1049
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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 Responsible Official and maintained onsite for records retention

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 location(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 specified above.

F. Analyses of pollutants not required by this permit, except as noted in the preceding paragraph, shall

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 shall be representative of the volume and nature of

the monitored flow. Test procedures for the analysis of pollutants shall conform to regulation 40 CFR

136, "Test Procedures For The Analysis of Pollutants" unless other test procedures have been specified in

this permit. The permittee shall periodically calibrate and perform maintenance procedures on all

monitoring and analytical instrumentation at intervals to insure accuracy of measurements.

6. RECORDING OF RESULTS

For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall

record the following information:

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

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

C. The date the analyses were performed on those samples;

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

E. The analytical techniques or methods used; and

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

7. RECORDS RETENTION

The permittee shall retain all of the following records for the wastewater treatment works for a minimum

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, including:

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

B. All original recordings for any continuous monitoring 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 application for this permit for a period of at least three years,

or five years for sewage sludge, from the date of the sample, measurement, report, or application.

These periods will be extended during the course of any unresolved litigation, or when requested by the

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 entitled to confidential status, all reports prepared in

accordance with the terms of this permit shall be available for public inspection at the appropriate district

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 shall not be considered confidential.

9. DUTY TO PROVIDE INFORMATION

The permittee shall furnish to the Director, within a reasonable time, any information which the Director

may request to determine whether cause exists for modifying, revoking, and reissuing, or terminating the

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 authorized representative upon presentation of credentials

and other documents as may be required by law to:

A. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or

where records must be kept under the conditions of this permit.

B. Have access to and copy, at reasonable times, any records that must be kept under the conditions of

the permit.

C. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment),

practices, or operations regulated or required under this permit.

D. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise

authorized by the Clean Water Act, any substances or parameters at any location.
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Page 33 Part III General Conditions (Con't)

11. UNAUTHORIZED DISCHARGES

A. Bypassing or diverting of wastewater from the treatment 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 bypass, such as the use of auxiliary treatment facilities,

retention of untreated wastes, or maintenance during normal periods of downtime. This condition is not

satisfied if adequate back up equipment should have been installed in the exercise of reasonable

engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime

or preventive maintenance; and

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

B. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at

least ten days before the date of the bypass.

C. The Director may approve an unanticipated bypass after considering its adverse effects, if the Director

determines that it has met the three conditions listed in paragraph 11.A. of this section.

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

E. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded

if that bypass is for essential maintenance to assure 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 EPA district office e-mail account as follows (this

method is preferred):

Southeast District Office: sedo24hournpdes@epa.state.oh.us

Southwest District Office: swdo24hournpdes@epa.state.oh.us

Northwest District Office: nwdo24hournpdes@epa.state.oh.us

Northeast District Office: nedo24hournpdes@epa.state.oh.us

Central District Office: cdo24hournpdes@epa.state.oh.us

Central Office: co24hournpdes@epa.state.oh.us

The permittee shall attach a noncompliance report to 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 Ohio EPA district office by telephone toll-free between

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
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Page 34 Part III General Conditions (Con't)

The permittee shall include the following information in the telephone noncompliance report:

a. The name of the permittee, and a contact name and 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 exceedance(s) is expected to continue; and,

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

B. Other Permit Violations

1. The permittee shall report noncompliance that is the result of any unanticipated bypass resulting in an

exceedance of any effluent limit in the permit or any 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 EPA district office e-mail account as follows (this

method is preferred):

Southeast District Office: sedo24hournpdes@epa.state.oh.us

Southwest District Office: swdo24hournpdes@epa.state.oh.us

Northwest District Office: nwdo24hournpdes@epa.state.oh.us

Northeast District Office: nedo24hournpdes@epa.state.oh.us

Central District Office: cdo24hournpdes@epa.state.oh.us

Central Office: co24hournpdes@epa.state.oh.us

The permittee shall attach a noncompliance report to 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 Ohio EPA district office by telephone toll-free between

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 information in the telephone noncompliance report:

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

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

c. The approximate amount and the characteristics of 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) who have knowledge of these circumstances;

g. What remedial steps are being taken; and,

h. The name and telephone number of the person(s) responsible 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 thirty (30) minutes of discovery by calling the 24-Hour

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 of discovery in accordance with B.1 above.

C. When the telephone option is used for the noncompliance reports required by A and B, the permittee

shall submit to the appropriate Ohio EPA district office a confirmation letter and a completed

noncompliance report within five (5) days of the discovery of the noncompliance. This follow up report

is not necessary for the e-mail option which already includes a completed noncompliance report.

D. If the permitee is unable to meet any date for achieving an event, as specified in a schedule of

compliance in their permit, the permittee shall submit a written report to the appropriate Ohio EPA

district office within fourteen (14) days of becoming aware of such a situation. The report shall include

the following:

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

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 of permit noncompliance not reported under paragraphs

A or B of this section on their monthly DMR submission. The DMR shall contain comments that include

the information listed in paragraphs A or B as appropriate.

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 the director, it shall promptly submit such facts or

information.

13. RESERVED

14. DUTY TO MITIGATE

The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this

permit which has a reasonable likelihood of adversely affecting human health or the environment.

15. AUTHORIZED DISCHARGES

All discharges authorized herein shall be consistent with the terms and conditions of this permit. The

discharge of any pollutant identified in this permit more frequently than, or at a level in excess of, that

authorized by this permit shall constitute a violation of the terms and conditions of this permit. Such

violations may result in the imposition of civil and/or criminal penalties as provided for in Section 309 of

the Act and Ohio Revised Code Sections 6111.09 and 6111.99.
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Page 36 Part III General Conditions (Con't)

16. DISCHARGE CHANGES

The following changes must be reported to the appropriate 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 modification

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 requirements.

Notification of permit changes or anticipated noncompliance does not stay any permit condition.

B. For publicly owned treatment works:

1. Any proposed plant modification, addition, and/or expansion that will change the capacity or efficiency

of the plant;

2. The addition of any new significant industrial discharge; and

3. Changes in the quantity or quality of the wastes from existing tributary industrial discharges which will

result in significant new or increased discharges of pollutants.

C. For non-publicly owned treatment works, any proposed facility expansions, production increases, or

process modifications, which will result in new, different, or increased discharges of pollutants.

Following this notice, modifications to the permit may be made to reflect any necessary changes in permit

conditions, including any necessary effluent limitations for any pollutants not identified and limited

herein. A determination will also be made as to whether 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 approved 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 silvicultural dischargers must notify the Director as

soon as they know or have reason to believe:

1. That any activity has occurred or will occur which would result in the discharge on a routine or

frequent basis of any toxic pollutant which is not limited in the permit. If that discharge will exceed the

highest of the "notification levels" specified in 40 CFR Sections 122.42(a)(1)(i) through 122.42(a)(1)(iv).

2. That any activity has occurred or will occur which 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 exceed the

highest of the "notification levels" specified in 122.42(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) of

the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these

standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement.

Following establishment of such standards or prohibitions, the Director shall modify this permit and so

notify the permittee.
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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 including, but not limited to, the following:

1. Violation of any terms or conditions of this permit;

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

3. Change in any condition that requires either a temporary or permanent reduction or elimination of the

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 permit. The filing of a request by the permittee for a

permit modification or revocation does not stay any permit condition. The application for modification

should be received by the appropriate Ohio EPA district office at least ninety days before the date on

which it is desired that the modification become effective. The application shall be made only on forms

approved by the Ohio EPA.

19. TRANSFER OF OWNERSHIP OR CONTROL

This permit may be transferred or assigned and a new owner or successor can be authorized to discharge

from this facility, provided the following requirements are met:

A. The permittee shall notify the succeeding owner or successor of the existence of this permit by a letter,

a copy of which shall be forwarded to the appropriate Ohio EPA district office. The copy of that letter

will serve as the permittee's notice to the Director of the proposed transfer. The copy of that letter shall

be received by the appropriate Ohio EPA district office sixty (60) days prior to the proposed date of

transfer;

B. A written agreement containing a specific date for transfer of permit responsibility and coverage

between the current and new permittee (including acknowledgement that the existing permittee is liable

for violations up to that date, and that the new permittee is liable for violations from that date on) shall be

submitted to the appropriate Ohio EPA district office 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 prevent the transfer if he concludes that such transfer 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 preclude the institution of any legal action or relieve the

permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject

under Section 311 of the Clean Water Act.

21. SOLIDS DISPOSAL

Collected grit and screenings, and other solids other than sewage sludge, shall be disposed of in such a

manner as to prevent entry of those wastes into waters of the state, and in accordance with all applicable

laws and rules.

22. CONSTRUCTION AFFECTING NAVIGABLE WATERS

This permit does not authorize or approve the construction of any onshore or offshore physical structures

or facilities or the undertaking of any work in any navigable waters.
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Page 38 Part III General Conditions (Con't)

23. CIVIL AND CRIMINAL LIABILITY

Except as exempted in the permit conditions on UNAUTHORIZED DISCHARGES or UPSETS, nothing

in this permit shall be construed to relieve the permittee from civil or criminal penalties for

noncompliance.

24. STATE LAWS AND REGULATIONS

Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the

permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable state

law or regulation under authority preserved by Section 510 of the Clean Water Act.

25. PROPERTY RIGHTS

The issuance of this permit does not convey any property rights in either real or personal property, or any

exclusive privileges, nor does it authorize any injury 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), relating to "Upset," are specifically incorporated herein by

reference in their entirety. For definition of "upset," 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 of any

provision of this permit to any circumstance, is held invalid, the application of such provision to other

circumstances, and the remainder of this permit, shall 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 signed and certified in accordance with the requirements of

40 CFR Section 122.22.

29. OTHER INFORMATION

A. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application

or submitted incorrect information in a permit application or in any report to the Director, it shall

promptly submit such facts or information.

B. ORC 6111.99 provides that any person who falsifies, tampers with, or knowingly renders inaccurate

any monitoring device or method required to be maintained under this permit shall, upon conviction, be

punished by a fine of not more than $25,000 per violation.

C. ORC 6111.99 states that any person who knowingly makes any false statement, representation, or

certification in any record or other document submitted or required to be maintained under this permit

including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be

punished by a fine of not more than $25,000 per violation.

D. ORC 6111.99 provides that any person who violates 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.
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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 defense for a permittee in an enforcement action that it

would have been necessary to halt or reduce the permitted activity in order to maintain compliance with

conditions of this permit.

31. APPLICABLE FEDERAL RULES

All references to 40 CFR in this permit mean the version of 40 CFR which is effective as of the effective

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 treatment 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) shall be developed to address each outfall that discharges to waters of

the state that contains storm water associated with industrial activity. Storm water pollution prevention plans shall be

prepared in accordance with good engineering practices. The plan shall identify potential sources of pollution 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 to be used to reduce

the pollutants in storm water discharges associated with industrial activity at the facility and to assure compliance with

the terms and conditions of this permit. Facilities must implement the provisions of the storm water pollution prevention

plan required under this part as a condition of this permit.

A. Deadlines for Plan Preparation and Compliance.

1. The plan for a storm water discharge associated with industrial activity:

a. shall be prepared within six months of the effective date of this permit (and updated as appropriate);

b. shall provide for implementation and compliance with the terms of the plan within twelve months of the

effective date of this permit.

2. Upon a showing of good cause, the Director may establish a later date for preparing and compliance with a

plan for a storm water discharge associated with industrial 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 generates the

storm water discharge.

2. The permittee shall make plans available upon request to the Ohio EPA Director, or authorized representative,

or Regional Administrator of U.S. EPA, or in the case of a storm water discharge associated with industrial

activity which discharges through a municipal separate storm sewer system, to the operator of the municipal

system. 

3. The Director may notify the permittee at any time that the plan does not meet one or more of the minimum

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 the Director a written certification that the requested changes

have been made. 

4. All storm water pollution prevention plans required under this permit are considered reports that shall be

available to the public under Section 308(b) of the Act. The permittee may claim any portion of a storm water

pollution plan as confidential in accordance with 40 CFR Part 2 and does not have to release any portion of

the plan describing facility security measures (such as provided for in Part IV.D.7.b.(8) of this permit). An

interested party wishing a copy of a discharger's SWP3 will have to contact the Ohio EPA to obtain a copy.

C. Keeping Plans Current. 

The permittee shall amend the plan whenever there is a change in design, construction, operation, or

maintenance, that has a significant effect on the potential for the discharge of pollutants to the waters of the State

or if the storm water pollution prevention plan proves to be ineffective in eliminating or significantly minimizing

pollutants from sources identified under Part IV.D.2 of this permit, or otherwise achieving the general objectives of

controlling pollutants in storm water discharges associated with industrial activity. Amendments to the 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 following items:

1. Pollution Prevention Team - Each plan shall identify 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 implementation,

maintenance, and revision. The plan shall clearly identify the responsibilities of each team member. The

activities and responsibilities of the team shall address all aspects of the facility's storm water pollution

prevention plan.

2. Description of Potential Pollutant Sources. Each plan shall provide a description of potential sources which

may reasonably be expected to add significant amounts of pollutants to storm water discharges or which may

result in the discharge of pollutants during dry weather from separate storm sewers draining the facility. Each

plan shall identify all activities and significant materials which may potentially be significant pollutant sources. 

Each plan shall include, at a minimum:
Page 41

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)

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 precipitation, 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 precipitation: fueling stations, vehicle

and equipment maintenance and/or cleaning areas, loading/unloading areas, locations used for the

treatment, storage or disposal of wastes, liquid storage tanks, processing areas and storage areas. 

(2) For each area of the facility that generates storm water discharges associated with industrial activity

with a reasonable potential for containing significant 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 activity. 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 potentially

may be exposed to precipitation. Such inventory shall include a narrative description of significant

materials that have been handled, treated, stored or 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 runoff between the time of three years prior to the date of

the issuance of this permit and the present; the location and a description of existing structural and nonstructural control measures to reduce pollutants in storm water runoff; and a description of any treatment

the storm water receives. 

c. Spills and Leaks. A list of significant spills and significant leaks of toxic or hazardous pollutants that

occurred at the facility after the date of three years prior to the effective date of this permit.

d. Sampling Data. A summary of existing discharge sampling data describing pollutants in storm water

discharges from the facility.

e. Risk Identification and Summary of Potential Pollutant Sources. A narrative description of the potential

pollutant sources at the following areas: loading and unloading operations; outdoor storage activities;

outdoor manufacturing or processing activities; significant dust or particulate generating processes; and

on-site waste disposal practices. The description shall specifically list any significant potential source of

pollutants at the site and for each potential source, any pollutant or pollutant parameter (e.g. biochemical

oxygen demand, etc.) of concerns shall be identified.

3. Measures and Controls. Each facility covered by this permit shall develop a description of storm water

management controls appropriate for the facility, and implement such controls. The appropriateness and

priorities of controls in a plan shall reflect identified potential sources of pollutants at the facility. The

description of storm water management controls shall address the following minimum components, including

a schedule for implementing such controls: 

a. Good Housekeeping - Good housekeeping requires the maintenance of a clean, orderly facility. 

b. Preventive Maintenance - A preventive maintenance program shall involve inspection and maintenance of

storm water management devices (e.g. cleaning oil/water separators, catch basins) as well as inspecting

and testing facility equipment and systems to uncover conditions that could cause breakdowns or failures

resulting in discharges of pollutants to surface waters, and ensuring appropriate maintenance of such

equipment and systems.

 c. Spill Prevention and Response Procedures - Areas where potential spills can occur, and their

accompanying drainage points shall be identified clearly in the storm water pollution prevention plan.

Where appropriate, specifying material handling procedures, storage requirements, and use of equipment

such as diversion valves in the plan should be considered. Procedures for cleaning up spills shall be

identified in the plan and made available to the appropriate personnel. The necessary equipment to

implement a clean up should be available to personnel.
Page 42

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)

D. (continued)

d. Inspections - In addition to or as part of the comprehensive site evaluation required under Part IV.4. of this

permit, qualified facility personnel shall be identified to inspect designated equipment and areas of the

facility at appropriate intervals specified in the plan. A set of tracking or follow-up procedures shall be

used to ensure that appropriate actions are taken in response to the inspections. Records of inspections

shall be maintained.

e. Employee Training - Employee training programs shall inform personnel at all levels of responsibility of the

components and goals of the storm water pollution prevention plan. Training should address topics such

as spill response, good housekeeping and material management practices. The plan shall identify

periodic dates for such training.

 f. Recordkeeping and Internal Reporting Procedures - A description of incidents such as spills, or other

discharges, along with other information describing the quality and quantity of storm water discharges

shall be included in the plan required under this part. 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 certification shall include the identification of potential

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-storm 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 certification may not be feasible if the facility operating

the storm water discharge associated with industrial activity does not have access to an outfall,

manhole, or other point of access to the ultimate conduit which receives the discharge. In such

cases, the source identification section of the storm water pollution plan shall indicate why the

certification required by this part was not feasible, along with the identification of potential significant

sources of non-storm water at the site. A discharger that is unable to provide the certification

required by this paragraph must notify in accordance 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 this permit

that are combined with storm water discharges associated with industrial activity must be identified

in the plan. The plan shall identify and ensure the implementation of appropriate pollution prevention

measures for the non-storm water component(s) of the discharge.

h. Sediment and Erosion Control - The plan shall identify areas which, due to topography, activities, or 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 narrative consideration of the appropriateness of

traditional storm water management practices (practices other than those which control the source of

pollutants) used to divert, infiltrate, reuse, or otherwise manage storm water runoff in a manner that

reduces pollutants in storm water discharges from the site. The plan shall provide that measures

determined to be reasonable and appropriate shall be implemented and maintained. The potential of

various sources at the facility to contribute pollutants to storm water discharges associated with industrial

activity (see Parts IV.D.2.(b), (d) and (e) of this permit) shall be considered when determining reasonable

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 controls

(such as oil/water separators), snow management activities, infiltration devices, and wet

detention/retention devices.

4. Comprehensive Site Compliance Evaluation. Qualified personnel shall conduct site compliance evaluations at

appropriate intervals specified in the plan, but, except 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 sources of pollution identified in the plan in accordance with

paragraph IV.D.2 of this permit shall be visually inspected for evidence of, or the potential for, pollutants

entering the drainage system. Structural storm water 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 plan,

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 description of potential pollutant sources identified in the plan in

accordance with paragraph IV.D.2 of this permit and pollution prevention measures and controls identified

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 implementation 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 the

inspection, major observations relating to the implementation 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 part

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 discharges associated with industrial activity through municipal

separate storm sewer systems serving a population of 100,000 or more.

In addition to the applicable requirements of this permit, facilities covered by this permit must comply with

applicable requirements in municipal storm water management programs developed under NPDES permits

issued for the discharge of the municipal separate storm sewer system that receives the facility's discharge,

provided the discharger has been notified of such conditions.

6. Consistency with other plans. Storm water pollution prevention plans may reflect requirements for Spill

Prevention Control and Countermeasure (SPCC) plans developed for the facility under section 311 of the Act

or Best Management Practices (BMP) Programs otherwise required by a NPDES permit for the facility as long

as such requirement is incorporated into the storm water pollution prevention plan.

7. Additional requirements for storm water discharges associated with industrial activity from facilities subject to

SARA Title III, Section 313 requirements are not applicable to Section 313 water priority chemicals in gaseous

or non-soluble liquid or solid [at atmospheric pressure and temperature] forms. In addition to the requirements

of Parts IV.D.1 through 4 of this permit and other applicable conditions of this permit, storm water pollution

prevention plans for facilities subject to reporting requirements under SARA Title III, Section 313 for chemicals

which are classified as "Section 313 water priority chemicals" in accordance with the definition in Part VI of this

permit, shall describe and ensure the implementation of practices which are necessary to provide for

conformance with the following guidelines:

a. In areas where Section 313 water priority chemicals are stored, processed or otherwise handled,

appropriate containment, drainage control and/or diversionary structures shall be provided. At a minimum,

one of the following preventive systems or its equivalent shall be used:

(1) Curbing, culverting, gutters, sewers or other forms of drainage control to prevent or minimize the

potential for storm water run-on to come into contact with significant sources of pollutants; or

(2) Roofs, covers or other forms of appropriate protection 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 pollution

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 State

rules, regulations and guidelines:

(1) Liquid storage areas where storm water comes into contact with any equipment, tank, container, or

other vessel used for Section 313 water priority chemicals. 

(a) No tank or container shall be used for the storage 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 priority chemicals shall be operated to minimize

discharges of Section 313 chemicals. Appropriate measures to minimize discharges of

Section 313 chemicals may include secondary containment 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/or other equivalent measures.
Page 44

Part IV. STORM WATER POLLUTION PREVENTION PLANS (continued)

D. (continued)

(2) Material storage areas for Section 313 water priority chemicals other than liquids. Material

storage areas for Section 313 water priority chemicals 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 priority chemicals by reducing storm water contact

with Section 313 water priority chemicals.

(3) Truck and rail car loading and unloading areas for 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 chemicals 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 hose connections; a strong spill contingency

and integrity testing plan; and/or other equivalent measures.

(4) In facility areas where Section 313 water priority chemicals are transferred, processed or

otherwise handled. Processing equipment and materials handling equipment shall be operated

so as to minimize discharges of Section 313 water priority chemicals. Materials used in piping

and equipment shall be compatible with the substances handled. Drainage from process and

materials handling areas shall be designed as described in paragraphs (a), (b) and (c) of this

section. Additional protection such as covers or guards 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 appropriate. Visual inspections or leak tests shall

be provided for overhead piping conveying Section 313 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 prevent the discharge of a spill or other

excessive leakage of Section 313 water priority chemicals. Where containment units are

employed, such units may be emptied by pumps or ejectors; however, these shall be

manually activated.

(b) Flapper-type drain valves shall not be used to drain 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 diversion system that could, in the event

of an uncontrolled spill of Section 313 water priority chemicals, return the spilled material to

the facility.

(d) Records shall be kept of the frequency and estimated volume (in gallons) of discharges

from containment areas.

(6) Facility site runoff other than from areas covered by (1), (2), (3) or (4). Other areas of the facility

(those not addressed in paragraphs (1), (2), (3) or (4)), from which runoff which may contain

Section 313 water priority chemicals or spills of Section 313 water priority chemicals could cause

a discharge shall incorporate the necessary drainage or other control features to prevent

discharge of spilled or improperly disposed material 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 areas of the facility shall be inspected at specific

intervals for leaks or conditions that could lead to 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 piping, pumps, storage tanks and bins, pressure

vessels, process and material handling equipment, and 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, support or foundation failure, or other forms of

deterioration or non-containment. Inspection intervals shall be specified in the plan and shall be

based on design and operational experience. Different areas may require different inspection

intervals. Where a leak or other condition is discovered which may result in significant releases

of Section 313 water priority chemicals to the drainage 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 priority chemical has occurred, contaminated

soil, debris, or other material must be promptly removed and disposed in accordance with

Federal, State, and local requirements and as described in the plan.

(8) Facility security. Facilities shall have the necessary security systems to prevent accidental or

intentional entry which could cause a discharge. Security systems described in the plan shall

address fencing, lighting, vehicular traffic control, and securing of equipment and buildings. 

(9) Training. Facility employees and contractor personnel using the facility shall be trained in and

informed of preventive measures at the facility. Employee training shall be conducted at intervals

specified in the plan, but not less than once per year, in matters of pollution control laws and

regulations, and in the storm water pollution prevention plan and the particular features of the

facility and its operation which are designed to minimize discharges of Section 313 water priority

chemicals. The plan shall designate a person who is accountable for spill prevention at the

facility and who will set up the necessary spill emergency procedures and reporting requirements

so that spills and emergency releases of Section 313 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 operation and design features in order to

prevent discharges or spills from occurring.

8. Additional Requirements for Salt Storage. Storage piles of salt used for deicing or other commercial or

industrial purposes and which generate a storm water discharge associated with industrial activity which is

discharged to surface waters of the State shall be enclosed or covered to prevent exposure to precipitation,

except for exposure resulting from adding or removing materials from the pile within two years of the effective

date of this permit. Piles do not need to be enclosed or covered where storm water from the pile is not

discharged to surface waters of the State.
Page 46

Part V. NUMERIC EFFLUENT LIMITATIONS AND MONITORING 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 expeditiously as practicable,

but no later than three years after the effective date of this permit. Coal pile runoff shall not be diluted with storm

water or other flow in order to meet these limitations.

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, constructed 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 Total Suspended

Solids. It is the permittee’s responsibility to demonstrate to the Ohio EPA that a 10-year, 24-hour rainfall event has

occurred and the volume of the overflow to which the Total Suspended Solids effluent limitation does not apply.

B. Monitoring Requirements. Only the activities described in the following matrix and associated definitions are

required to conduct monitoring. The monitoring required in the following matrix shall be conducted annually. 

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 industrial 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 b1,3 c d e f g h i2 j k l1

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

TUa 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 X
Page 47

Part V. NUMERIC EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (continued)

B. (continued)

Reporting

Units Parameter

INDUSTRIAL ACTIVITY CATEGORIES

a b1,3 c d e f g h i2 j k l1

: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 being conducted and the last storm event producing

rainfall greater than 0.1 inches.

(1) and any pollutant limited in an effluent guideline or categorical pretreatment standard which the facility is subject.

(2) and the primary ingredient used in the deicing materials used at the site (e.g., ethylene glycol, urea, etc.).

(3) Facilities that are classified as SIC 33 only because they manufacture pure silicon and/or semiconductor

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 into the

environment under Section 313 of SARA Title III for chemicals which are classified as 'Section 313 water

priority chemicals' are not (as they may have been in a previous permit) required to monitor storm water

that is discharged from the facility unless required by paragraphs V.B.2.b through B.2.l.

b. Primary Metal Industries. Facilities with storm water discharges associated with industrial activity

classified as Standard Industrial Classification (SIC) 33 (Primary Metal Industry) are required to monitor

such storm water that is discharged from the facility.

c. Land Disposal Units/Incinerators/BIFs. Facilities with storm water discharges associated with industrial

activity from any active or inactive landfill, land application sites or open dump without a stabilized final

cover that has received any industrial wastes from a facility with a Standard Industrial Classification (SIC)

of between 20-39 (manufacturing); and incinerators (including Boilers and Industrial Furnaces (BIFs)) that

burn hazardous waste and operate under interim status or a permit under Subtitle C of RCRA, are

required to monitor such storm water that is discharged from the facility.

d. Wood Treatment Using Chlorophenolic Formulations. Facilities with storm water discharges associated

with industrial activity from areas that are used for wood treatment, wood surface application 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 discharged from the facility.

e. Wood Treatment Using Creosote Formulations. Facilities with storm water discharges associated with

industrial activity from areas that are used for wood treatment, wood surface application 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 discharged from the facility.
Page 48

Part V. NUMERIC EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (continued)

B. (continued)

f. Wood Treatment Using Chromium-Arsenic Formulations. Facilities with storm water discharges

associated with industrial activity from areas that are used for wood treatment, wood surface application 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 discharged from the facility.

g. Coal Pile Runoff. Facilities with storm water discharges associated with industrial activity from coal pile

runoff are required to monitor such storm water that 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, reclamation products, or waste products, and areas used for lead

acid battery reclamation (including material handling activities) at facilities that reclaim lead acid batteries

are required to monitor such storm water that is discharged from the facility.

i. Airports. At airports with over 50,000 flight operations per year, facilities with storm water discharges

associated with industrial activity from areas where aircraft or airport deicing operations occur (including

runways, taxiways, ramps, and dedicated aircraft deicing 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 industrial

activity from coal handling sites at coal fired steam electric power generating facilities (other than

discharges in whole or in part from coal piles subject to storm water effluent guidelines at 40 CFR 423 -

which are not eligible for coverage under this permit) are required to monitor such storm water that is

discharged from the facility.

k. Animal Handling / Meat Packing. Facilities with storm water discharges associated with industrial activity

from animal handling areas, manure management (or storage) areas, and production waste management

(or storage) areas that are exposed to precipitation at meat packing plants, poultry packing plants, and

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 water discharges associated with industrial activity that:

(1) come in contact with storage piles for solid chemicals used as raw materials that are exposed to

precipitation at facilities classified as SIC 30 (Rubber and Miscellaneous Plastics Products) or SIC 28

(Chemicals and Allied Products); 

(2) are from those areas at automobile junkyards with any of the following: (A) over 250 auto/truck bodies

with drivelines (engine, transmission, axles, and wheels), 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 without

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 fluids occurs in areas exposed to storm water;

(3) come into contact with lime storage piles that are exposed to storm water at lime manufacturing

facilities;

(4) are from oil handling sites at oil fired steam electric power generating facilities; 

(5) are from cement manufacturing facilities and cement kilns (other than discharges in whole or in part

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 MONITORING REQUIREMENTS (continued)

B. (continued)

3. Sample Type. Take a minimum of one grab sample from the discharge resulting from a storm event that is

greater than 0.1 inches in magnitude and that occurs 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 monitoring report a

description of why a grab sample during the first thirty 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 description of why samples could not be collected, including

available documentation of the event. Adverse climatic conditions which may prohibit the collection of

samples includes weather conditions that create dangerous conditions for personnel (such as local flooding,

high winds, hurricane, tornadoes, electrical storms, etc.) or otherwise make the collection of a sample

impracticable (drought, extended frozen conditions, etc.).

5. Representative Discharge. When a facility has two or more outfalls that, based on a consideration of features

and activities within the area drained by the outfall, the permittee reasonably believes discharge substantially

identical effluents, the permittee may test the effluent of one of such outfalls and report that the quantitative

data also applies to the substantially identical outfalls. In addition, for each outfall that the permittee believes

is representative, an estimate of the size of the drainage area (in square feet) and an estimate of the runoff

coefficient of the drainage area (e.g. low (under 40%), medium (40% to 65%) or high (above 65%)) shall be

provided.

C. Toxicity Testing. Not Required.

D. Alternative Certification of "Not Present or No Exposure." You are not subject to the analytical monitoring

requirement of this part provided: you make a certification for a given outfall, or on a pollutant-by-pollutant basis in

lieu of monitoring required under this part, that material handling equipment or activities, raw materials,

intermediate products, final products, waste materials, by-products, industrial machinery or operations, or

significant materials from past industrial activity that are located in areas of the facility within the drainage area of

the outfall are not presently exposed to storm water and are not expected to be exposed to storm water for the

certification period; and your certification is signed in accordance with Attachment VI.G and retained in the SWP3. 

If you cannot certify for an entire period, you must note the date exposure was eliminated and perform any

monitoring required up until that date.
Page 50

Part VI. OTHER STORM WATER REQUIREMENTS, DEFINITIONS AND AUTHORIZATION

A. Failure to Certify. Any facility that is unable to provide the certification required under paragraph IV.D.3.g.(1)

(testing for non-storm water discharges), must notify the Director within 180 days of the effective date of this

permit. Such notification shall describe: the procedure of any test conducted for the presence of non-storm water

discharges; the results of such test or other relevant observations; potential sources of non-storm water

discharges to the storm sewer; and why adequate tests 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 Right-to-Know Act of 1986; 2) are present at or above

threshold levels at a facility subject to SARA Title III, Section 313 reporting requirements; and 3) that meet at least

one of the following criteria: (i) are listed in Appendix D of 40 CFR 122 on either Table II (organic priority

pollutants), Table III (certain metals, cyanides, and phenols) or Table V (certain toxic pollutants and hazardous

substances); (ii) are listed as a hazardous substance pursuant to section 311(b)(2)(A) of the Act at 40 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; fuels; materials such as solvents, detergents,

and plastic pellets; finished materials such as metallic products; raw materials used in food processing or

production; hazardous substances designated under section 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 products such as

ashes, slag and sludge that have the potential to be 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 surface runoff and drainage.

"Definition of Storm Water Associated with Industrial Activity" means the discharge from any conveyance which is

used for collecting and conveying storm water and which is directly related to manufacturing, processing or raw

materials storage areas at an industrial plant. The term does not include discharges from facilities or activities

excluded from the NPDES program. For the categories of industries identified in subparagraphs (i) through (x) of

this subsection, the term includes, but is not limited to, storm water discharges from industrial plant yards;

immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste

material, or by-products used or created by the facility; 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 used for residual treatment, storage, or disposal; shipping and

receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate

and finished products; and areas where industrial activity has taken place in the past and significant materials

remain and are exposed to storm water. For the categories of industries identified in subparagraph (xi), the term

includes only storm water discharges from all areas listed in the previous sentence (except access roads) where

material handling equipment or activities, raw materials, intermediate products, final products, waste materials, byproducts, or industrial machinery are exposed to storm water. For the purposes of this paragraph, material

handling activities include the: storage, loading and 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 activities, such as office buildings and accompanying parking lots as long

as the drainage from the excluded areas is not mixed with storm water drained from the above described areas. 

Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the

description of the facilities listed in this paragraph (i)-(xi)) include those facilities designated under 40 CFR

122.26(a)(1)(v). The following categories of facilities are considered to be engaging in "industrial activity" for

purposes of this subsection:

(i) Facilities subject to storm water effluent limitations guidelines, new source performance standards, or

toxic pollutant effluent standards under 40 CFR Subchapter N (except facilities with toxic pollutant effluent

standards which are exempted under category (xi) of this paragraph);

(ii) Facilities classified as Standard Industrial Classifications 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, DEFINITIONS AND AUTHORIZATION (continued)

C. (continued)

(iii) Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or

inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation

area under 40 CFR 434.11(l)) and oil and gas exploration, production, processing, or treatment operations, or

transmission facilities that discharge storm water contaminated by contact with or that has come into contact

with, any overburden, raw material, intermediate products, finished products, byproducts or waste products

located on the site of such operations; inactive mining operations are mining sites that are not being actively

mined, but which have an identifiable owner/operator;

(iv) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim

status or a permit under Subtitle C of RCRA;

(v) Landfills, land application sites, and open dumps that have received any industrial wastes (waste that 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 materials, including metal scrapyards, battery reclaimers, salvage yards,

and automobile junkyards, including but not limited to those classified as Standard Industrial Classification

5015 and 5093;

 (vii) Steam electric power generating facilities, including coal handling sites;

(viii) Transportation facilities classified as Standard Industrial Classifications 40, 41, 42 (except 4221-25), 43,

44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport

deicing operations. Only those portions of the facility that are either involved in vehicle maintenance

(including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication), equipment cleaning

operations, airport deicing operations, or which are otherwise identified under paragraphs (i)-(vii) or (ix)-

(xi) of this subsection are associated with industrial activity;

(ix) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or

system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including

land dedicated to the disposal of sewage sludge that 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 lands used for sludge management where sludge is

beneficially reused and which are not physically located in the confines of the facility, or areas that are in

compliance with 40 CFR 503;

(x) Construction activity - This category of industrial activity is not regulated under this permit.

(xi) Facilities under Standard Industrial Classifications 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 with a probable

reoccurrence interval of once in 10 years. This information 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 National

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 unintentional and temporary noncompliance with

technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An

upset does not include noncompliance to the extent caused by operational error, improperly designed treatment

facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.